Full Text of HB6564 93rd General Assembly
HB6564enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning adoption.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Act is amended by changing Sections | 5 |
| 1, 9, 10, 13.1, and 14 as follows:
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| (750 ILCS 50/1) (from Ch. 40, par. 1501)
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| Sec. 1. Definitions. When used in this Act, unless the | 8 |
| context
otherwise requires:
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| A. "Child" means a person under legal age subject to | 10 |
| adoption under
this Act.
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| B. "Related child" means a child subject to adoption where | 12 |
| either or both of
the adopting parents stands in any of the | 13 |
| following relationships to the child
by blood or marriage: | 14 |
| parent, grand-parent, brother, sister, step-parent,
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| step-grandparent, step-brother, step-sister, uncle, aunt, | 16 |
| great-uncle,
great-aunt, or cousin of first degree. A child | 17 |
| whose parent has executed
a final irrevocable consent to | 18 |
| adoption or a final irrevocable surrender
for purposes of | 19 |
| adoption, or whose parent has had his or her parental rights
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| terminated, is not a related child to that person, unless the | 21 |
| consent is
determined to be void or is void pursuant to | 22 |
| subsection O of Section 10.
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| C. "Agency" for the purpose of this Act means a public | 24 |
| child welfare agency
or a licensed child welfare agency.
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| D. "Unfit person" means any person whom the court shall | 26 |
| find to be unfit
to have a child, without regard to the | 27 |
| likelihood that the child will be
placed for adoption. The | 28 |
| grounds of unfitness are any one or more
of the following, | 29 |
| except that a person shall not be considered an unfit
person | 30 |
| for the sole reason that the person has relinquished a child in
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| accordance with the Abandoned Newborn Infant Protection Act:
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| (a) Abandonment of the child.
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| (a-1) Abandonment of a newborn infant in a hospital.
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| (a-2) Abandonment of a newborn infant in any setting | 3 |
| where the evidence
suggests that the parent intended to | 4 |
| relinquish his or her parental rights.
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| (b) Failure to maintain a reasonable degree of | 6 |
| interest, concern or
responsibility as to the child's | 7 |
| welfare.
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| (c) Desertion of the child for more than 3 months next | 9 |
| preceding the
commencement of the Adoption proceeding.
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| (d) Substantial neglect
of the
child if continuous or | 11 |
| repeated.
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| (d-1) Substantial neglect, if continuous or repeated, | 13 |
| of any child
residing in the household which resulted in | 14 |
| the death of that child.
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| (e) Extreme or repeated cruelty to the child.
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| (f) Two or more findings of physical abuse to any | 17 |
| children under Section
4-8 of the Juvenile Court Act or | 18 |
| Section 2-21 of the Juvenile Court Act
of 1987, the most | 19 |
| recent of which was determined by the juvenile court
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| hearing the matter to be supported by clear and convincing | 21 |
| evidence; a
criminal conviction or a finding of not guilty | 22 |
| by reason of insanity
resulting from the death of any child | 23 |
| by physical child
abuse; or a finding of physical child | 24 |
| abuse resulting from the death of any
child under Section | 25 |
| 4-8 of the Juvenile Court Act or Section 2-21 of the
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| Juvenile Court Act of 1987.
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| (g) Failure to protect the child from conditions within | 28 |
| his environment
injurious to the child's welfare.
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| (h) Other neglect of, or misconduct toward the child; | 30 |
| provided that in
making a finding of unfitness the court | 31 |
| hearing the adoption proceeding
shall not be bound by any | 32 |
| previous finding, order or judgment affecting
or | 33 |
| determining the rights of the parents toward the child | 34 |
| sought to be adopted
in any other proceeding except such | 35 |
| proceedings terminating parental rights
as shall be had | 36 |
| under either this Act, the Juvenile Court Act or
the |
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| Juvenile Court Act of 1987.
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| (i) Depravity. Conviction of any one of the following
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| crimes shall create a presumption that a parent is depraved | 4 |
| which can be
overcome only by clear and convincing | 5 |
| evidence:
(1) first degree murder in violation of paragraph | 6 |
| 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 7 |
| Code of 1961 or conviction
of second degree murder in | 8 |
| violation of subsection (a) of Section 9-2 of the
Criminal | 9 |
| Code of 1961 of a parent of the child to be adopted; (2)
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| first degree murder or second degree murder of any child in
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| violation of the Criminal Code of 1961; (3)
attempt or | 12 |
| conspiracy to commit first degree murder or second degree | 13 |
| murder
of any child in violation of the Criminal Code of | 14 |
| 1961; (4)
solicitation to commit murder of any child, | 15 |
| solicitation to
commit murder of any child for hire, or | 16 |
| solicitation to commit second
degree murder of any child in | 17 |
| violation of the Criminal Code of 1961; or (5)
aggravated | 18 |
| criminal sexual assault in violation of
Section | 19 |
| 12-14(b)(1) of the Criminal Code of 1961.
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| There is a rebuttable presumption that a parent is | 21 |
| depraved if the parent
has been criminally convicted of at | 22 |
| least 3 felonies under the laws of this
State or any other | 23 |
| state, or under federal law, or the criminal laws of any
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| United States territory; and at least one of these
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| convictions took place within 5 years of the filing of the | 26 |
| petition or motion
seeking termination of parental rights.
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| There is a rebuttable presumption that a parent is | 28 |
| depraved if that
parent
has
been criminally convicted of | 29 |
| either first or second degree murder of any person
as | 30 |
| defined in the Criminal Code of 1961 within 10 years of the | 31 |
| filing date of
the petition or motion to terminate parental | 32 |
| rights.
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| (j) Open and notorious adultery or fornication.
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| (j-1) (Blank).
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| (k) Habitual drunkenness or addiction to drugs, other | 36 |
| than those
prescribed by a physician, for at least one year |
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| immediately
prior to the commencement of the unfitness | 2 |
| proceeding.
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| There is a rebuttable presumption that a parent is | 4 |
| unfit under this
subsection
with respect to any child to | 5 |
| which that parent gives birth where there is a
confirmed
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| test result that at birth the child's blood, urine, or | 7 |
| meconium contained any
amount of a controlled substance as | 8 |
| defined in subsection (f) of Section 102 of
the Illinois | 9 |
| Controlled Substances Act or metabolites of such | 10 |
| substances, the
presence of which in the newborn infant was | 11 |
| not the result of medical treatment
administered to the | 12 |
| mother or the newborn infant; and the biological mother of
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| this child is the biological mother of at least one other | 14 |
| child who was
adjudicated a neglected minor under | 15 |
| subsection (c) of Section 2-3 of the
Juvenile Court Act of | 16 |
| 1987.
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| (l) Failure to demonstrate a reasonable degree of | 18 |
| interest, concern or
responsibility as to the welfare of a | 19 |
| new born child during the first 30
days after its birth.
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| (m) Failure by a parent (i) to make reasonable efforts | 21 |
| to correct the
conditions that were the basis for the | 22 |
| removal of the child from the
parent, or (ii) to make | 23 |
| reasonable progress toward the return of the child
to
the | 24 |
| parent within 9 months after an adjudication of neglected | 25 |
| or abused
minor under Section 2-3 of the Juvenile Court Act | 26 |
| of 1987 or dependent
minor under Section 2-4 of that Act, | 27 |
| or (iii) to make reasonable progress
toward the return of | 28 |
| the
child to the parent during any 9-month period after the | 29 |
| end of the initial
9-month period following the | 30 |
| adjudication of
neglected or abused minor under Section 2-3 | 31 |
| of the Juvenile Court
Act of 1987 or dependent minor under | 32 |
| Section 2-4 of that Act.
If a service plan has been | 33 |
| established as
required under
Section 8.2 of the Abused and | 34 |
| Neglected Child Reporting Act to correct the
conditions | 35 |
| that were the basis for the removal of the child from the | 36 |
| parent
and if those services were available,
then, for |
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| purposes of this Act, "failure to make reasonable progress | 2 |
| toward the
return of the child to the parent" includes (I) | 3 |
| the parent's failure to
substantially fulfill his or her | 4 |
| obligations under the
service plan and correct the | 5 |
| conditions that brought the child into care
within 9 months | 6 |
| after the adjudication under Section 2-3 or 2-4
of the | 7 |
| Juvenile Court Act of 1987
and (II) the parent's failure to | 8 |
| substantially fulfill his or her obligations
under
the | 9 |
| service plan and correct the conditions that brought the | 10 |
| child into care
during any 9-month period after the end of | 11 |
| the initial 9-month period
following the adjudication | 12 |
| under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
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| (m-1) Pursuant to the Juvenile Court Act of 1987, a | 14 |
| child
has been in foster care for 15 months out of any 22 | 15 |
| month period which begins
on or after the effective date of | 16 |
| this amendatory Act of 1998 unless the
child's parent can | 17 |
| prove
by a preponderance of the evidence that it is more | 18 |
| likely than not that it will
be in the best interests of | 19 |
| the child to be returned to the parent within 6
months of | 20 |
| the date on which a petition for termination of parental | 21 |
| rights is
filed under the Juvenile Court Act of 1987. The | 22 |
| 15 month time limit is tolled
during
any period for which | 23 |
| there is a court finding that the appointed custodian or
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| guardian failed to make reasonable efforts to reunify the | 25 |
| child with his or her
family, provided that (i) the finding | 26 |
| of no reasonable efforts is made within
60 days of the | 27 |
| period when reasonable efforts were not made or (ii) the | 28 |
| parent
filed a motion requesting a finding of no reasonable | 29 |
| efforts within 60 days of
the period when reasonable | 30 |
| efforts were not made. For purposes of this
subdivision | 31 |
| (m-1), the date of entering foster care is the earlier of: | 32 |
| (i) the
date of
a judicial finding at an adjudicatory | 33 |
| hearing that the child is an abused,
neglected, or | 34 |
| dependent minor; or (ii) 60 days after the date on which | 35 |
| the
child is removed from his or her parent, guardian, or | 36 |
| legal custodian.
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| (n) Evidence of intent to forgo his or her parental | 2 |
| rights,
whether or
not the child is a ward of the court, | 3 |
| (1) as manifested
by his or her failure for a period of 12 | 4 |
| months: (i) to visit the child,
(ii) to communicate with | 5 |
| the child or agency, although able to do so and
not | 6 |
| prevented from doing so by an agency or by court order, or | 7 |
| (iii) to
maintain contact with or plan for the future of | 8 |
| the child, although physically
able to do so, or (2) as | 9 |
| manifested by the father's failure, where he
and the mother | 10 |
| of the child were unmarried to each other at the time of | 11 |
| the
child's birth, (i) to commence legal proceedings to | 12 |
| establish his paternity
under the Illinois Parentage Act of | 13 |
| 1984 or the law of the jurisdiction of
the child's birth | 14 |
| within 30 days of being informed, pursuant to Section 12a
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| of this Act, that he is the father or the likely father of | 16 |
| the child or,
after being so informed where the child is | 17 |
| not yet born, within 30 days of
the child's birth, or (ii) | 18 |
| to make a good faith effort to pay a reasonable
amount of | 19 |
| the expenses related to the birth of the child and to | 20 |
| provide a
reasonable amount for the financial support of | 21 |
| the child, the court to
consider in its determination all | 22 |
| relevant circumstances, including the
financial condition | 23 |
| of both parents; provided that the ground for
termination | 24 |
| provided in this subparagraph (n)(2)(ii) shall only be
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| available where the petition is brought by the mother or | 26 |
| the husband of
the mother.
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| Contact or communication by a parent with his or her | 28 |
| child that does not
demonstrate affection and concern does | 29 |
| not constitute reasonable contact
and planning under | 30 |
| subdivision (n). In the absence of evidence to the
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| contrary, the ability to visit, communicate, maintain | 32 |
| contact, pay
expenses and plan for the future shall be | 33 |
| presumed. The subjective intent
of the parent, whether | 34 |
| expressed or otherwise, unsupported by evidence of
the | 35 |
| foregoing parental acts manifesting that intent, shall not | 36 |
| preclude a
determination that the parent has intended to |
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| forgo his or her
parental
rights. In making this | 2 |
| determination, the court may consider but shall not
require | 3 |
| a showing of diligent efforts by an authorized agency to | 4 |
| encourage
the parent to perform the acts specified in | 5 |
| subdivision (n).
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| It shall be an affirmative defense to any allegation | 7 |
| under paragraph
(2) of this subsection that the father's | 8 |
| failure was due to circumstances
beyond his control or to | 9 |
| impediments created by the mother or any other
person | 10 |
| having legal custody. Proof of that fact need only be by a
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| preponderance of the evidence.
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| (o) Repeated or continuous failure by the parents, | 13 |
| although physically
and financially able, to provide the | 14 |
| child with adequate food, clothing,
or shelter.
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| (p) Inability to discharge parental responsibilities | 16 |
| supported by
competent evidence from a psychiatrist, | 17 |
| licensed clinical social
worker, or clinical psychologist | 18 |
| of mental
impairment, mental illness or mental retardation | 19 |
| as defined in Section
1-116 of the Mental Health and | 20 |
| Developmental Disabilities Code, or
developmental | 21 |
| disability as defined in Section 1-106 of that Code, and
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| there is sufficient justification to believe that the | 23 |
| inability to
discharge parental responsibilities shall | 24 |
| extend beyond a reasonable
time period. However, this | 25 |
| subdivision (p) shall not be construed so as to
permit a | 26 |
| licensed clinical social worker to conduct any medical | 27 |
| diagnosis to
determine mental illness or mental | 28 |
| impairment.
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| (q) The parent has been criminally convicted of | 30 |
| aggravated battery,
heinous battery, or attempted murder | 31 |
| of any child.
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| (r) The child is in the temporary custody or | 33 |
| guardianship of the
Department of Children and Family | 34 |
| Services, the parent is incarcerated as a
result of | 35 |
| criminal conviction at the time the petition or motion for
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| termination of parental rights is filed, prior to |
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| incarceration the parent had
little or no contact with the | 2 |
| child or provided little or no support for the
child, and | 3 |
| the parent's incarceration will prevent the parent from | 4 |
| discharging
his or her parental responsibilities for the | 5 |
| child for a period in excess of 2
years after the filing of | 6 |
| the petition or motion for termination of parental
rights.
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| (s) The child is in the temporary custody or | 8 |
| guardianship of the
Department of Children and Family | 9 |
| Services, the parent is incarcerated at the
time the | 10 |
| petition or motion for termination of parental rights is | 11 |
| filed, the
parent has been repeatedly incarcerated as a | 12 |
| result of criminal convictions,
and the parent's repeated | 13 |
| incarceration has prevented the parent from
discharging | 14 |
| his or her parental responsibilities for the child.
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| (t) A finding that at birth the child's blood,
urine, | 16 |
| or meconium contained any amount of a controlled substance | 17 |
| as
defined in subsection (f) of Section 102 of the Illinois | 18 |
| Controlled Substances
Act, or a metabolite of a controlled | 19 |
| substance, with the exception of
controlled substances or | 20 |
| metabolites of such substances, the presence of which
in | 21 |
| the newborn infant was the result of medical treatment | 22 |
| administered to the
mother or the newborn infant, and that | 23 |
| the biological mother of this child is
the biological | 24 |
| mother of at least one other child who was adjudicated a
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| neglected minor under subsection (c) of Section 2-3 of the | 26 |
| Juvenile Court Act
of 1987, after which the biological | 27 |
| mother had the opportunity to enroll in
and participate in | 28 |
| a clinically appropriate substance abuse
counseling, | 29 |
| treatment, and rehabilitation program.
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| E. "Parent" means the father or mother of a legitimate or | 31 |
| illegitimate
child. For the purpose of this Act, a person who | 32 |
| has executed a final and
irrevocable consent to adoption or a | 33 |
| final and irrevocable surrender for
purposes of adoption, or | 34 |
| whose parental rights have been terminated by a
court, is not a | 35 |
| parent of the child who was the subject of the consent or
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| surrender, unless the consent is void pursuant to subsection O |
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| of Section 10.
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| F. A person is available for adoption when the person is:
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| (a) a child who has been surrendered for adoption to an | 4 |
| agency and to
whose adoption the agency has thereafter | 5 |
| consented;
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| (b) a child to whose adoption a person authorized by | 7 |
| law, other than his
parents, has consented, or to whose | 8 |
| adoption no consent is required pursuant
to Section 8 of | 9 |
| this Act;
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| (c) a child who is in the custody of persons who intend | 11 |
| to adopt him
through placement made by his parents;
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| (c-1) a child for whom a parent has signed a specific | 13 |
| consent pursuant
to subsection O of Section 10;
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| (d) an adult who meets the conditions set forth in | 15 |
| Section 3 of this
Act; or
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| (e) a child who has been relinquished as defined in | 17 |
| Section 10 of the
Abandoned Newborn Infant Protection Act.
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| A person who would otherwise be available for adoption | 19 |
| shall not be
deemed unavailable for adoption solely by reason | 20 |
| of his or her death.
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| G. The singular includes the plural and the plural includes
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| the singular and the "male" includes the "female", as the | 23 |
| context of this
Act may require.
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| H. "Adoption disruption" occurs when an adoptive placement | 25 |
| does not
prove successful and it becomes necessary for the | 26 |
| child to be removed from
placement before the adoption is | 27 |
| finalized.
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| I. "Foreign placing agency" is an agency or individual | 29 |
| operating in a
country or territory outside the United States | 30 |
| that is authorized by its
country to place children for | 31 |
| adoption either directly with families in the
United States or | 32 |
| through United States based international agencies.
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| J. "Immediate relatives" means the biological parents, the | 34 |
| parents of
the biological parents and siblings of the | 35 |
| biological parents.
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| K. "Intercountry adoption" is a process by which a child |
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| from a country
other than the United States is adopted.
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| L. "Intercountry Adoption Coordinator" is a staff person of | 3 |
| the
Department of Children and Family Services appointed by the | 4 |
| Director to
coordinate the provision of services by the public | 5 |
| and private sector to
prospective parents of foreign-born | 6 |
| children.
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| M. "Interstate Compact on the Placement of Children" is a | 8 |
| law enacted by
most states for the purpose of establishing | 9 |
| uniform procedures for handling
the interstate placement of | 10 |
| children in foster homes, adoptive homes, or
other child care | 11 |
| facilities.
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| N. "Non-Compact state" means a state that has not enacted | 13 |
| the
Interstate Compact on the Placement of Children.
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| O. "Preadoption requirements" are any conditions | 15 |
| established by the laws
or regulations of the Federal | 16 |
| Government or of each state that must be met
prior to the | 17 |
| placement of a child in an adoptive home.
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| P. "Abused child" means a child whose parent or immediate | 19 |
| family member,
or any person responsible for the child's | 20 |
| welfare, or any individual
residing in the same home as the | 21 |
| child, or a paramour of the child's parent:
| 22 |
| (a) inflicts, causes to be inflicted, or allows to be | 23 |
| inflicted upon
the child physical injury, by other than | 24 |
| accidental means, that causes
death, disfigurement, | 25 |
| impairment of physical or emotional health, or loss
or | 26 |
| impairment of any bodily function;
| 27 |
| (b) creates a substantial risk of physical injury to | 28 |
| the child by
other than accidental means which would be | 29 |
| likely to cause death,
disfigurement, impairment of | 30 |
| physical or emotional health, or loss or
impairment of any | 31 |
| bodily function;
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| (c) commits or allows to be committed any sex offense | 33 |
| against the child,
as sex offenses are defined in the | 34 |
| Criminal Code of 1961
and extending those definitions of | 35 |
| sex offenses to include children under
18 years of age;
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| (d) commits or allows to be committed an act or acts of |
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| torture upon
the child; or
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| (e) inflicts excessive corporal punishment.
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| Q. "Neglected child" means any child whose parent or other | 4 |
| person
responsible for the child's welfare withholds or denies | 5 |
| nourishment or
medically indicated treatment including food or | 6 |
| care denied solely on the
basis of the present or anticipated | 7 |
| mental or physical impairment as determined
by a physician | 8 |
| acting alone or in consultation with other physicians or
| 9 |
| otherwise does not provide the proper or necessary support, | 10 |
| education
as required by law, or medical or other remedial care | 11 |
| recognized under State
law as necessary for a child's | 12 |
| well-being, or other care necessary for his
or her well-being, | 13 |
| including adequate food, clothing and shelter; or who
is | 14 |
| abandoned by his or her parents or other person responsible for | 15 |
| the child's
welfare.
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| A child shall not be considered neglected or abused for the
| 17 |
| sole reason that the child's parent or other person responsible | 18 |
| for his
or her welfare depends upon spiritual means through | 19 |
| prayer alone for the
treatment or cure of disease or remedial | 20 |
| care as provided under Section 4
of the Abused and Neglected | 21 |
| Child Reporting Act.
A child shall not be considered neglected | 22 |
| or abused for the sole reason that
the child's parent or other | 23 |
| person responsible for the child's welfare failed
to vaccinate, | 24 |
| delayed vaccination, or refused vaccination for the child
due | 25 |
| to a waiver on religious or medical grounds as permitted by | 26 |
| law.
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| R. "Putative father" means a man who may be a child's | 28 |
| father, but who (1) is
not married to the child's mother on or | 29 |
| before the date that the child was or
is to be born and (2) has | 30 |
| not established paternity of the child in a court
proceeding | 31 |
| before the filing of a petition for the adoption of the child. | 32 |
| The
term includes a male who is less than 18 years of age. | 33 |
| "Putative father" does
not mean a man who is the child's father | 34 |
| as a result of criminal sexual abuse
or assault as defined | 35 |
| under Article 12 of the Criminal Code of 1961.
A child shall | 36 |
| not be considered neglected or abused for the sole reason that
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| the child's parent or other person responsible for the child's | 2 |
| welfare failed
to vaccinate, delayed vaccination, or refused | 3 |
| vaccination for the child
due to a waiver on religious or | 4 |
| medical grounds as permitted by law.
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| S. "Standby adoption" means an adoption in which a | 6 |
| terminally ill parent
consents to custody and termination of | 7 |
| parental rights to become
effective upon the occurrence of a | 8 |
| future event, which is either the death of
the terminally ill
| 9 |
| parent or the request of the parent
for the entry of a final | 10 |
| judgment of adoption.
| 11 |
| T. (Blank).
"Terminally ill parent" means a person who has | 12 |
| a medical prognosis by a
physician licensed to practice | 13 |
| medicine in all of its branches that the person
has an | 14 |
| incurable and irreversible condition which will lead to death.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00; | 16 |
| 91-572, eff.
1-1-00; 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; | 17 |
| 92-408, eff. 8-17-01; 92-432,
eff. 8-17-01 ; 92-651,
7-11-02; | 18 |
| revised 8-23-02.)
| 19 |
| (750 ILCS 50/9) (from Ch. 40, par. 1511)
| 20 |
| Sec. 9. Time for
taking a consent or surrender.
| 21 |
| A. A consent or a surrender taken not less than 72 hours | 22 |
| after the birth
of the child is irrevocable except as provided | 23 |
| in Section 11 of this Act.
| 24 |
| B. No consent or surrender shall be taken within the 72 | 25 |
| hour period
immediately following the birth of the child.
| 26 |
| C. A consent or a surrender may be taken from the father | 27 |
| prior to the
birth of the child. Such consent or surrender | 28 |
| shall be revoked if, within
72 hours after the birth of the | 29 |
| child, the father who gave such consent or
surrender, notifies | 30 |
| in writing the person, agency or court representative
who took | 31 |
| the surrender or consent or any individual representing or
| 32 |
| connected with such person, agency or court representative of | 33 |
| the
revocation of the consent or surrender.
| 34 |
| D. Any consent or surrender taken in accordance with | 35 |
| paragraph C above
which is not revoked within 72 hours after |
|
|
|
HB6564 Enrolled |
- 13 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| the birth of the child is
irrevocable except as provided in | 2 |
| Section 11 of this Act.
| 3 |
| E. Consent may be given to a standby adoption by a | 4 |
| terminally ill parent
whose
consent is required pursuant to | 5 |
| Section 8 of this Act to become effective when
the consenting
| 6 |
| terminally ill parent of the child dies or that parent requests | 7 |
| that the final
judgment of
adoption be entered.
| 8 |
| (Source: P.A. 91-572, eff. 1-1-00.)
| 9 |
| (750 ILCS 50/10) (from Ch. 40, par. 1512)
| 10 |
| Sec. 10. Forms of consent and surrender; execution and
| 11 |
| acknowledgment thereof.
| 12 |
| A. The form of consent required for the
adoption of a born | 13 |
| child shall be substantially as follows:
| 14 |
| FINAL AND IRREVOCABLE CONSENT TO ADOPTION
| 15 |
| I, ...., (relationship, e.g., mother, father, relative, | 16 |
| guardian)
of ...., a ..male child, state:
| 17 |
| That such child was born on .... at ....
| 18 |
| That I reside at ...., County of .... and State of ....
| 19 |
| That I am of the age of .... years.
| 20 |
| That I hereby enter my appearance in this proceeding and | 21 |
| waive
service of summons on me.
| 22 |
| That I do hereby consent and agree to the adoption of such | 23 |
| child.
| 24 |
| That I wish to and understand that by signing this consent | 25 |
| I do
irrevocably and permanently give up all custody and other | 26 |
| parental
rights I have to such child.
| 27 |
| That I understand such child will be placed for adoption | 28 |
| and that I
cannot under any circumstances, after signing this | 29 |
| document, change my
mind and revoke or cancel this consent or | 30 |
| obtain or recover custody or
any other rights over such child. | 31 |
| That I have read and understand the
above and I am signing it | 32 |
| as my free and voluntary act.
| 33 |
| Dated (insert date).
| 34 |
| .........................
|
|
|
|
HB6564 Enrolled |
- 14 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| If under Section 8 the consent of more than one person is | 2 |
| required,
then each such person shall execute a separate | 3 |
| consent.
| 4 |
| B. The form of consent required for the adoption of an | 5 |
| unborn child
shall be substantially as follows:
| 6 |
| CONSENT TO ADOPTION OF UNBORN CHILD
| 7 |
| I, ...., state:
| 8 |
| That I am the father of a child expected to be born on or | 9 |
| about ....
to .... (name of mother).
| 10 |
| That I reside at .... County of ...., and State of .....
| 11 |
| That I am of the age of .... years.
| 12 |
| That I hereby enter my appearance in such adoption | 13 |
| proceeding and
waive service of summons on me.
| 14 |
| That I do hereby consent and agree to the adoption of such | 15 |
| child, and
that I have not previously executed a consent or | 16 |
| surrender with respect
to such child.
| 17 |
| That I wish to and do understand that by signing this | 18 |
| consent I do
irrevocably and permanently give up all custody | 19 |
| and other parental
rights I have to such child, except that I | 20 |
| have the right to revoke this
consent by giving written notice | 21 |
| of my revocation not later than 72
hours after the birth of the | 22 |
| child.
| 23 |
| That I understand such child will be placed for adoption | 24 |
| and that,
except as hereinabove provided, I cannot under any | 25 |
| circumstances, after
signing this document, change my mind and | 26 |
| revoke or cancel this consent
or obtain or recover custody or | 27 |
| any other rights over such child.
| 28 |
| That I have read and understand the above and I am signing | 29 |
| it as my
free and voluntary act.
| 30 |
| Dated (insert date).
| 31 |
| ........................
| 32 |
| B-5. (1) The parent of a child may execute a consent to | 33 |
| standby
adoption by a specified person or persons. A consent | 34 |
| under this subsection B-5
shall be acknowledged by a parent | 35 |
| pursuant to subsection H and subsection K of
this Section.
The | 36 |
| form of consent required for the standby adoption of a born |
|
|
|
HB6564 Enrolled |
- 15 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| child
effective at a future date when the consenting
terminally | 2 |
| ill parent of the child dies or
requests that a final judgment | 3 |
| of adoption be entered shall be substantially as
follows:
| 4 |
| FINAL AND IRREVOCABLE CONSENT
| 5 |
| TO STANDBY ADOPTION
| 6 |
| I, ..., (relationship, e.g. mother or father)
of ...., a | 7 |
| ..male child, state:
| 8 |
| That the child was born on .... at .....
| 9 |
| That I reside at ...., County of ...., and State of .....
| 10 |
| That I am of the age of .... years.
| 11 |
| That I hereby enter my appearance in this proceeding and | 12 |
| waive service of
summons on me in this action only.
| 13 |
| That I do hereby consent and
agree to the standby adoption | 14 |
| of the child, and that I have not previously
executed a consent | 15 |
| or surrender with respect to the child.
| 16 |
| That (I am terminally ill) (the child's other parent is | 17 |
| terminally
ill).
| 18 |
| That I wish to and understand that by signing this consent | 19 |
| I do irrevocably
and permanently give up all custody and other | 20 |
| parental rights I have to the
child, effective upon
(my death) | 21 |
| (the child's other parent's death) or upon (my) (the other
| 22 |
| terminally ill
parent's) request for the entry of a final | 23 |
| judgment for adoption if .....
(specified person or persons) | 24 |
| adopt my child.
| 25 |
| That I understand that until (I die) (the child's other | 26 |
| parent dies), I
retain all legal rights and obligations | 27 |
| concerning the child, but at that time,
I irrevocably give all | 28 |
| custody and other parental rights to .... (specified
person or | 29 |
| persons).
| 30 |
| I understand my child will be adopted by ....... (specified | 31 |
| person or
persons) only and that I cannot, under any | 32 |
| circumstances, after signing this
document, change my mind and | 33 |
| revoke or cancel this consent or obtain or recover
custody or | 34 |
| any other rights over my child if ..... (specified person or
| 35 |
| persons) adopt my child.
| 36 |
| I understand that this consent to standby adoption is valid |
|
|
|
HB6564 Enrolled |
- 16 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| only if the
petition for standby adoption is filed and that if | 2 |
| ....... (specified person or
persons), for any reason, cannot | 3 |
| or will not file a petition for standby
adoption or if his, | 4 |
| her, or their petition for standby adoption is denied, then
| 5 |
| this consent is void. I have the right to notice of any other | 6 |
| proceeding that
could affect my parental rights.
| 7 |
| That I have read and understand the above and I am signing | 8 |
| it as my free and
voluntary act.
| 9 |
| Dated (insert date).
| 10 |
| ....................
| 11 |
| If under Section 8 the consent of more than one person is | 12 |
| required, then each
such
person shall execute a separate | 13 |
| consent. A separate consent shall be executed
for each
child.
| 14 |
| (2) If the parent consents to a standby adoption by 2 | 15 |
| specified persons,
then the form shall contain 2 additional | 16 |
| paragraphs in substantially the
following form:
| 17 |
| If .... (specified persons) obtain a judgment of
| 18 |
| dissolution of
marriage before the judgment for adoption is | 19 |
| entered, then .....
(specified person) shall adopt my child. I | 20 |
| understand that I cannot change my
mind and revoke this consent | 21 |
| or obtain or recover custody of my child if .....
(specified | 22 |
| persons) obtain a judgment of dissolution of marriage and .....
| 23 |
| (specified person) adopts my child. I understand that I cannot | 24 |
| change my
mind and revoke this consent if ...... (specified | 25 |
| persons) obtain a
judgment of dissolution of marriage before | 26 |
| the adoption is final. I
understand that this consent to | 27 |
| adoption has no effect on who will get custody
of my child if | 28 |
| ..... (specified persons) obtain a judgment of dissolution
of | 29 |
| marriage after the adoption is final. I understand that if | 30 |
| either .....
(specified persons) dies before the petition to | 31 |
| adopt my child is granted, then
the surviving person may adopt | 32 |
| my child. I understand that I cannot change my
mind and revoke | 33 |
| this consent or obtain or recover custody of my child if the
| 34 |
| surviving person adopts my child.
| 35 |
| A consent to standby adoption by specified persons on this |
|
|
|
HB6564 Enrolled |
- 17 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| form shall have no
effect on a court's determination of custody | 2 |
| or visitation under the Illinois
Marriage and Dissolution
of | 3 |
| Marriage Act if the marriage of the specified persons is | 4 |
| dissolved before
the adoption is final.
| 5 |
| (3) The form of the certificate of acknowledgement for a | 6 |
| Final and
Irrevocable Consent for Standby Adoption shall be | 7 |
| substantially as follows:
| 8 |
| STATE OF .....)
| 9 |
| ) SS.
| 10 |
| COUNTY OF ....)
| 11 |
| I, ....... (name of Judge or other person) ..... (official | 12 |
| title,
name, and address), certify that ......., personally | 13 |
| known to me to be
the same person whose name is subscribed to | 14 |
| the foregoing Final and Irrevocable
Consent to Standby | 15 |
| Adoption, appeared before me this day in person and
| 16 |
| acknowledged that (she) (he) signed and
delivered the consent | 17 |
| as (her) (his) free and voluntary act, for the specified
| 18 |
| purpose.
| 19 |
| I have fully explained that this consent to adoption is | 20 |
| valid only if the
petition to adopt is filed, and that if the | 21 |
| specified person or persons, for
any reason, cannot or will not | 22 |
| adopt the child or if the adoption petition is
denied, then | 23 |
| this consent will be void. I have fully explained that if the
| 24 |
| specified person or persons adopt the child, by signing this | 25 |
| consent (she) (he)
is irrevocably and permanently | 26 |
| relinquishing all parental rights to the child,
and (she) (he) | 27 |
| has stated that such is (her) (his) intention and desire.
| 28 |
| Dated (insert date).
| 29 |
| Signature..............................
| 30 |
| (4) If a consent to standby adoption is executed in this | 31 |
| form,
the consent shall be valid only if the specified
person | 32 |
| or persons adopt the child. The consent shall be void if:
| 33 |
| (a) the specified person or persons do not file a petition | 34 |
| for standby
adoption of the child; or
|
|
|
|
HB6564 Enrolled |
- 18 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| (b) a court denies the standby adoption petition.
| 2 |
| The parent shall not need to take further action to revoke | 3 |
| the consent if the
standby adoption by the specified person or | 4 |
| persons does not occur,
notwithstanding the provisions of | 5 |
| Section 11 of this Act.
| 6 |
| C. The form of surrender to any agency given by a parent of | 7 |
| a born
child who is to be subsequently placed for adoption | 8 |
| shall be
substantially as follows and shall contain such other | 9 |
| facts and
statements as the particular agency shall require.
| 10 |
| FINAL AND IRREVOCABLE SURRENDER
| 11 |
| FOR PURPOSES OF ADOPTION
| 12 |
| I, .... (relationship, e.g., mother, father, relative, | 13 |
| guardian) of
...., a ..male child, state:
| 14 |
| That such child was born on ...., at .....
| 15 |
| That I reside at ...., County of ...., and State of .....
| 16 |
| That I am of the age of .... years.
| 17 |
| That I do hereby surrender and entrust the entire custody | 18 |
| and control
of such child to the .... (the "Agency"), a | 19 |
| (public) (licensed) child
welfare agency with its principal | 20 |
| office in the City of ...., County of
.... and State of ...., | 21 |
| for the purpose of enabling it to care for and
supervise the | 22 |
| care of such child, to place such child for adoption and
to | 23 |
| consent to the legal adoption of such child.
| 24 |
| That I hereby grant to the Agency full power and authority | 25 |
| to place
such child with any person or persons it may in its | 26 |
| sole discretion
select to become the adopting parent or parents | 27 |
| and to consent to the
legal adoption of such child by such | 28 |
| person or persons; and to take any
and all measures which, in | 29 |
| the judgment of the Agency, may be for the
best interests of | 30 |
| such child, including authorizing medical, surgical
and dental | 31 |
| care and treatment including inoculation and anaesthesia for
| 32 |
| such child.
| 33 |
| That I wish to and understand that by signing this | 34 |
| surrender I do
irrevocably and permanently give up all custody | 35 |
| and other parental
rights I have to such child.
| 36 |
| That I understand I cannot under any circumstances, after |
|
|
|
HB6564 Enrolled |
- 19 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| signing
this surrender, change my mind and revoke or cancel | 2 |
| this surrender or
obtain or recover custody or any other rights | 3 |
| over such child.
| 4 |
| That I have read and understand the above and I am signing | 5 |
| it as my
free and voluntary act.
| 6 |
| Dated (insert date).
| 7 |
| ........................
| 8 |
| D. The form of surrender to an agency given by a parent of | 9 |
| an unborn
child who is to be subsequently placed for adoption | 10 |
| shall be
substantially as follows and shall contain such other | 11 |
| facts and
statements as the particular agency shall require.
| 12 |
| SURRENDER OF UNBORN CHILD FOR
| 13 |
| PURPOSES OF ADOPTION
| 14 |
| I, .... (father), state:
| 15 |
| That I am the father of a child expected to be born on or | 16 |
| about ....
to .... (name of mother).
| 17 |
| That I reside at ...., County of ...., and State of .....
| 18 |
| That I am of the age of .... years.
| 19 |
| That I do hereby surrender and entrust the entire custody | 20 |
| and control
of such child to the .... (the "Agency"), a | 21 |
| (public) (licensed) child
welfare agency with its principal | 22 |
| office in the City of ...., County of
.... and State of ...., | 23 |
| for the purpose of enabling it to care for and
supervise the | 24 |
| care of such child, to place such child for adoption and
to | 25 |
| consent to the legal adoption of such child, and that I have | 26 |
| not
previously executed a consent or surrender with respect to | 27 |
| such child.
| 28 |
| That I hereby grant to the Agency full power and authority | 29 |
| to place
such child with any person or persons it may in its | 30 |
| sole discretion
select to become the adopting parent or parents | 31 |
| and to consent to the
legal adoption of such child by such | 32 |
| person or persons; and to take any
and all measures which, in | 33 |
| the judgment of the Agency, may be for the
best interests of | 34 |
| such child, including authorizing medical, surgical
and dental | 35 |
| care and treatment, including inoculation and anaesthesia for
| 36 |
| such child.
|
|
|
|
HB6564 Enrolled |
- 20 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| That I wish to and understand that by signing this | 2 |
| surrender I do
irrevocably and permanently give up all custody | 3 |
| and other parental
rights I have to such child.
| 4 |
| That I understand I cannot under any circumstances, after | 5 |
| signing
this surrender, change my mind and revoke or cancel | 6 |
| this surrender or
obtain or recover custody or any other rights | 7 |
| over such child, except
that I have the right to revoke this | 8 |
| surrender by giving written notice
of my revocation not later | 9 |
| than 72 hours after the birth of such child.
| 10 |
| That I have read and understand the above and I am signing | 11 |
| it as my
free and voluntary act.
| 12 |
| Dated (insert date).
| 13 |
| ........................
| 14 |
| E. The form of consent required from the parents for the | 15 |
| adoption of
an adult, when such adult elects to obtain such | 16 |
| consent, shall be
substantially as follows:
| 17 |
| CONSENT
| 18 |
| I, ...., (father) (mother) of ...., an adult, state:
| 19 |
| That I reside at ...., County of .... and State of .....
| 20 |
| That I do hereby consent and agree to the adoption of such | 21 |
| adult by
.... and .....
| 22 |
| Dated (insert date).
| 23 |
| .........................
| 24 |
| F. The form of consent required for the adoption of a child | 25 |
| of the
age of 14 years or upwards, or of an adult, to be given | 26 |
| by such person,
shall be substantially as follows:
| 27 |
| CONSENT
| 28 |
| I, ...., state:
| 29 |
| That I reside at ...., County of .... and State of ..... | 30 |
| That I am
of the age of .... years. That I consent and agree to | 31 |
| my adoption by
.... and .....
| 32 |
| Dated (insert date).
| 33 |
| ........................
| 34 |
| G. The form of consent given by an agency to the adoption | 35 |
| by
specified persons of a child previously surrendered to it | 36 |
| shall set
forth that the agency has the authority to execute |
|
|
|
HB6564 Enrolled |
- 21 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| such consent. The
form of consent given by a guardian of the | 2 |
| person of a child sought to
be adopted, appointed by a court of | 3 |
| competent jurisdiction, shall set
forth the facts of such | 4 |
| appointment and the authority of the guardian to
execute such | 5 |
| consent.
| 6 |
| H. A consent (other than that given by an agency, or | 7 |
| guardian of the
person of the child sought to be adopted | 8 |
| appointed by a court of
competent jurisdiction) shall be | 9 |
| acknowledged by a parent before the
presiding judge of the | 10 |
| court in which the petition for adoption has
been, or is to be | 11 |
| filed or before any other judge or hearing officer
designated | 12 |
| or
subsequently approved by the court, or the circuit clerk if | 13 |
| so authorized
by the presiding judge or, except as otherwise | 14 |
| provided in
this Act, before a representative of the Department | 15 |
| of Children and
Family Services or a licensed child welfare | 16 |
| agency, or before social
service personnel under the | 17 |
| jurisdiction of a court of competent
jurisdiction, or before | 18 |
| social service personnel of the Cook County
Department of | 19 |
| Supportive Services designated by the presiding judge.
| 20 |
| I. A surrender, or any other document equivalent to a | 21 |
| surrender, by
which a child is surrendered to an agency shall | 22 |
| be acknowledged by the
person signing such surrender, or other | 23 |
| document, before a judge or hearing
officer or the
clerk of any | 24 |
| court of record, either in this State or any other state of
the | 25 |
| United States, or before a representative of an agency or | 26 |
| before any
other person designated or approved by the presiding | 27 |
| judge of the court
in which the petition for adoption has been, | 28 |
| or is to be, filed.
| 29 |
| J. The form of the certificate of acknowledgment for a | 30 |
| consent, a
surrender, or any other document equivalent to a | 31 |
| surrender, shall be
substantially as follows:
| 32 |
| STATE OF ....)
| 33 |
| ) SS.
| 34 |
| COUNTY OF ...)
| 35 |
| I, .... (Name of judge or other person), .... (official | 36 |
| title, name and
location of court or status or position of |
|
|
|
HB6564 Enrolled |
- 22 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| other person),
certify that ...., personally known to me to be | 2 |
| the same person whose
name is subscribed to the foregoing | 3 |
| (consent) (surrender), appeared
before me this day in person | 4 |
| and acknowledged that (she) (he) signed and
delivered such | 5 |
| (consent) (surrender) as (her) (his) free and voluntary
act, | 6 |
| for the specified purpose.
| 7 |
| I have fully explained that by signing such (consent) | 8 |
| (surrender)
(she) (he) is irrevocably relinquishing all | 9 |
| parental rights to such
child or adult and (she) (he) has | 10 |
| stated that such is (her) (his)
intention and desire.
| 11 |
| Dated (insert date).
| 12 |
| Signature ...............
| 13 |
| K. When the execution of a consent or a surrender is | 14 |
| acknowledged
before someone other than a judge or the clerk of | 15 |
| a court of record,
such other person shall have his signature | 16 |
| on the certificate
acknowledged before a notary public, in form | 17 |
| substantially as follows:
| 18 |
| STATE OF ....)
| 19 |
| ) SS.
| 20 |
| COUNTY OF ...)
| 21 |
| I, a Notary Public, in and for the County of ......, in the | 22 |
| State of
......, certify that ...., personally known to me to | 23 |
| be the
same person whose name is subscribed to the foregoing | 24 |
| certificate of
acknowledgment, appeared before me in person and | 25 |
| acknowledged that (she)
(he) signed such certificate as (her) | 26 |
| (his) free and voluntary act and
that the statements made in | 27 |
| the certificate are true.
| 28 |
| Dated (insert date).
| 29 |
| Signature ...................... Notary Public
| 30 |
| (official seal)
| 31 |
| There shall be attached a certificate of magistracy, or | 32 |
| other
comparable proof of office of the notary public | 33 |
| satisfactory to the
court, to a consent signed and acknowledged | 34 |
| in another state.
| 35 |
| L. A surrender or consent executed and acknowledged outside |
|
|
|
HB6564 Enrolled |
- 23 - |
LRB093 17938 LCB 43621 b |
|
| 1 |
| of this
State, either in accordance with the law of this State | 2 |
| or in accordance
with the law of the place where executed, is | 3 |
| valid.
| 4 |
| M. Where a consent or a surrender is signed in a foreign | 5 |
| country,
the execution of such consent shall be acknowledged or | 6 |
| affirmed in a
manner conformable to the law and procedure of | 7 |
| such country.
| 8 |
| N. If the person signing a consent or surrender is in the | 9 |
| military
service of the United States, the execution of such | 10 |
| consent or surrender
may be acknowledged before a commissioned | 11 |
| officer and the signature of
such officer on such certificate | 12 |
| shall be verified or acknowledged
before a notary public or by | 13 |
| such other procedure as is then in effect
for such division or | 14 |
| branch of the armed forces.
| 15 |
| O. (1) The parent or parents of a child in whose interests | 16 |
| a petition
under Section 2-13 of the Juvenile Court Act of 1987 | 17 |
| is pending may, with the
approval of the designated | 18 |
| representative of the Department of Children and
Family | 19 |
| Services, execute a consent to adoption by a specified person | 20 |
| or
persons:
| 21 |
| (a) in whose physical custody the child has resided for | 22 |
| at least 6
months;
or
| 23 |
| (b) in whose physical custody at least one sibling of | 24 |
| the child who is the
subject of this consent has resided | 25 |
| for at least 6 months, and
the child who is
the subject of | 26 |
| this consent is currently residing in this foster home; or
| 27 |
| (c) in whose physical custody a child under one year of | 28 |
| age has resided
for at least 3 months.
| 29 |
| A consent under this subsection O shall be acknowledged by a | 30 |
| parent pursuant to
subsection H and subsection K of this | 31 |
| Section.
| 32 |
| (2) The consent to adoption by a specified person or | 33 |
| persons shall have the
caption of the proceeding in which it is | 34 |
| to be filed and shall be substantially
as follows:
| 35 |
| FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
| 36 |
| A SPECIFIED PERSON OR PERSONS
|
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| I, ......................................, the | 2 |
| .................. (mother or
father) of a ....male child, | 3 |
| state:
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| 1. My child ............................ (name of | 5 |
| child) was born on
(insert date) at .................... | 6 |
| Hospital in
................ County, State of | 7 |
| ...............
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| 2. I reside at ......................, County of | 9 |
| ............. and
State of ..............
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| 3. I, ..........................., am .... years old.
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| 4. I enter my appearance in this action to adopt my | 12 |
| child by the
person or persons specified herein by me and | 13 |
| waive service of
summons on me in this action only.
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| 5. I consent to the adoption of my child by
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| .............................
(specified person or | 16 |
| persons) only.
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| 6. I wish to sign this consent and I understand that by | 18 |
| signing this
consent I irrevocably and permanently give up | 19 |
| all parental rights I have to my
child if my child is | 20 |
| adopted by ............................. (specified person
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| or persons).
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| 7. I understand my child will be adopted by | 23 |
| .............................
(specified person or | 24 |
| persons) only and that I cannot under any circumstances,
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| after signing this document, change my mind and revoke or | 26 |
| cancel this consent
or obtain or recover custody or any | 27 |
| other rights over my child if
............................ | 28 |
| (specified person or persons) adopt my child.
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| 8. I understand that this consent to adoption is valid | 30 |
| only if the
petition to adopt is filed within one year from | 31 |
| the date that I sign it and
that if ....................... | 32 |
| (specified person or persons), for any reason,
cannot or | 33 |
| will not file a petition to adopt my child within that one | 34 |
| year
period or if their adoption petition is denied, then | 35 |
| this consent will be
voidable after one year upon the | 36 |
| timely filing of my motion. If I file this
motion before |
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| the filing of the petition for adoption, I understand that | 2 |
| the
court shall revoke this specific consent.
I have the | 3 |
| right to notice of any other proceeding that could affect | 4 |
| my
parental rights, except for the proceeding for | 5 |
| ............. (specified person
or persons) to adopt my | 6 |
| child.
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| 9. I have read and understand the above and I am | 8 |
| signing it as my free
and voluntary act.
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| Dated (insert date).
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| .............................................
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| Signature of parent
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| (3) If the parent consents to an adoption by 2 specified | 13 |
| persons, then the
form shall contain 2 additional paragraphs in | 14 |
| substantially the following form:
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| 10. If ............... (specified persons) get a | 16 |
| divorce
before the petition to adopt my child is granted, | 17 |
| then ..........
(specified person) shall adopt my child. I | 18 |
| understand that I
cannot change my mind and revoke this | 19 |
| consent or obtain or
recover custody over my child if | 20 |
| ............. (specified persons)
divorce and | 21 |
| ............. (specified person) adopts my
child. I | 22 |
| understand that I cannot change my mind and revoke
this | 23 |
| consent or obtain or recover custody over my child if
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| ................. (specified persons) divorce after the
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| adoption is final. I understand that this consent to | 26 |
| adoption
has no effect on who will get custody of my child | 27 |
| if they
divorce after the adoption is final.
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| 11. I understand that if either ...............
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| (specified persons) dies before the petition to adopt
my | 30 |
| child is granted, then the surviving person can adopt my | 31 |
| child. I
understand that I cannot change my mind and revoke | 32 |
| this consent
or obtain or recover custody over my child if | 33 |
| the surviving
person adopts my child.
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| A consent to adoption by specified persons on this form | 35 |
| shall
have no effect on a court's determination of custody or | 36 |
| visitation
under the Illinois Marriage and Dissolution of |
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| Marriage Act if the
marriage of the
specified persons is | 2 |
| dissolved after the adoption is final.
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| (4) The form of the certificate of acknowledgement for a | 4 |
| Final and
Irrevocable Consent for Adoption by a Specified | 5 |
| Person or Persons shall be
substantially as follows:
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| STATE OF..............)
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| ) SS.
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| COUNTY OF.............)
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| I, .................... (Name of Judge or other person),
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| ..................... (official title, name, and address),
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| certify that ............., personally known to me to be the | 12 |
| same person whose
name is subscribed to the foregoing Final and | 13 |
| Irrevocable Consent for Adoption
by a Specified Person or | 14 |
| Persons, appeared before me this day
in person and acknowledged | 15 |
| that (she)(he) signed and delivered the consent as
(her)(his) | 16 |
| free and voluntary act, for the specified purpose.
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| I have fully explained that this consent to adoption is | 18 |
| valid only if the
petition to adopt is filed within one year | 19 |
| from the date that it is signed, and
that if the specified | 20 |
| person or persons, for any reason, cannot or will not
adopt the | 21 |
| child or if the adoption petition is denied, then this consent | 22 |
| will
be voidable after one year upon the timely filing of a | 23 |
| motion by the parent
to revoke the consent. I explained that if | 24 |
| this motion is filed before the
filing of the petition for | 25 |
| adoption, the court shall revoke this specific
consent. I have | 26 |
| fully explained that if the specified person or
persons adopt
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| the child, by signing this consent this parent is irrevocably
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| and permanently
relinquishing all parental rights to the child, | 29 |
| and this parent has stated that
such is (her)(his) intention | 30 |
| and desire.
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| Dated (insert date).
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| ...............................
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| Signature
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| (5) If a consent to adoption by a specified person or |
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| persons is executed in
this form, the following provisions | 2 |
| shall apply. The consent shall be valid
only if that specified | 3 |
| person or persons adopt the child. The consent shall be
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| voidable after one year if:
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| (a) the specified person or persons do not file a | 6 |
| petition to adopt the
child within one year after the | 7 |
| consent is signed and the parent files a
timely motion to | 8 |
| revoke this consent. If this motion is filed before the
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| filing of the petition for adoption the court shall revoke | 10 |
| this consent; or
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| (b) a court denies the adoption petition; or
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| (c) the Department of Children and Family Services | 13 |
| Guardianship
Administrator determines that the specified | 14 |
| person or persons will not or
cannot complete the adoption, | 15 |
| or in the best interests of the child should not
adopt the | 16 |
| child.
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| Within 30 days of the consent becoming void, the Department | 18 |
| of Children and
Family Services Guardianship Administrator | 19 |
| shall make good faith attempts to
notify the parent in writing | 20 |
| and shall give written notice to the court and all
additional | 21 |
| parties in writing that the adoption has not occurred or will | 22 |
| not
occur and that the consent is void. If the adoption by a | 23 |
| specified person or
persons does not occur, no proceeding for | 24 |
| termination of parental rights shall
be brought unless the | 25 |
| biological parent who executed the consent to adoption by
a | 26 |
| specified person or persons has been notified of the proceeding | 27 |
| pursuant to
Section 7 of this Act or subsection (4) of Section | 28 |
| 2-13 of the Juvenile Court
Act of 1987. The parent shall not | 29 |
| need to take further action to revoke the
consent if the | 30 |
| specified adoption does not occur, notwithstanding the
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| provisions of Section 11 of this Act.
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| (6) The Department of Children and Family Services is | 33 |
| authorized
to promulgate rules necessary to implement this | 34 |
| subsection O.
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| (7) The Department shall collect and maintain data | 36 |
| concerning the efficacy
of specific consents. This data shall |
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| include the number of specific consents
executed and their | 2 |
| outcomes, including but not limited to the number of
children | 3 |
| adopted pursuant to the consents, the number of children for | 4 |
| whom
adoptions are not completed, and the reason or reasons why | 5 |
| the adoptions are
not completed.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-572, eff. 1-1-00; | 7 |
| 92-320, eff.
1-1-02 .)
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| (750 ILCS 50/13.1)
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| Sec. 13.1. Order for standby adoption.
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| (a) If it is proved to the satisfaction of the court, after | 11 |
| such
investigation as the court deems necessary, that the | 12 |
| child's parent
consents to or fails to object to the standby | 13 |
| adoption and adoption by the
petitioner will be for the welfare | 14 |
| of the child, the court may
enter an order for standby | 15 |
| adoption. However, the consenting
terminally ill parent's | 16 |
| parental rights may not be terminated until consent
becomes | 17 |
| effective.
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| (b) The order for standby adoption shall be final as to all | 19 |
| findings and
shall be followed in the judgment of adoption | 20 |
| unless the
court finds by clear and convincing evidence that it | 21 |
| is no longer in the best
interest of the child for the adoption | 22 |
| to be finalized.
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| (c) Once the standby adoptive parent receives knowledge of | 24 |
| the
death of the consenting
terminally ill parent, or the | 25 |
| consenting
terminally ill parent
requests that a final judgment | 26 |
| for adoption be entered, the standby
adoptive parent shall have | 27 |
| 60 days to apply for a judgment
for adoption.
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| (Source: P.A. 91-572, eff. 1-1-00.)
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| (750 ILCS 50/14) (from Ch. 40, par. 1517)
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| Sec. 14. Judgment.
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| (a) Prior to the entry of the judgment for order of
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| adoption in any case other than an adoption of a related child | 33 |
| or of an
adult, each petitioner and each
person, agency, | 34 |
| association, corporation, institution, society or
organization |
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| involved in the adoption of the child, except a child welfare
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| agency, shall
execute an affidavit setting forth the hospital | 3 |
| and medical costs, legal
fees, counseling fees, and any other | 4 |
| fees or expenditures paid in accordance
with the Adoption | 5 |
| Compensation Prohibition Act.
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| (b) Before the entry of the judgment for adoption, each | 7 |
| child welfare agency
involved in the adoption of the child | 8 |
| shall file an affidavit concerning the
costs, expenses, | 9 |
| contributions, fees, compensation, or other things of value
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| which have been given, promised, or received including but not | 11 |
| limited to
hospital and medical costs, legal fees, social | 12 |
| services, living expenses, or
any other expenses related to the | 13 |
| adoption paid in accordance with the Adoption
Compensation | 14 |
| Prohibition Act.
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| If the total amount paid by the child welfare agency is | 16 |
| $4,500 or more, the
affidavit shall contain an itemization of | 17 |
| expenditures.
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| If the total amount paid by the child welfare agency is | 19 |
| less than $4,500, the
agency may file an unitemized affidavit | 20 |
| stating that the total amount paid is
less than $4,500 unless | 21 |
| the court, in its discretion, requires that agency to
file an | 22 |
| itemized affidavit.
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| (c) No affidavit need be filed
in the case of an adoption | 24 |
| of a related child or an adult, nor shall an
affidavit be | 25 |
| required to be filed
by a non-consenting parent, or by any | 26 |
| judge, or clerk, involved in an
official capacity in the | 27 |
| adoption
proceedings.
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| (d) All affidavits filed in accordance with this Section | 29 |
| shall be under penalty of perjury
and shall include, but are | 30 |
| not limited to, hospital and medical
costs,
legal fees, social | 31 |
| services, living expenses or any other expenses
related to the | 32 |
| adoption or to the placement of the child, whether or not the
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| payments are permitted by applicable laws.
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| (e) Upon the expiration of 6 months after the date
of any | 35 |
| interim order vesting temporary care, custody and control of a
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| child, other than a related child, in the petitioners, entered |
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| pursuant
to this Act, the petitioners may apply to the court | 2 |
| for a judgment of
adoption. Notice of such application shall be | 3 |
| served by the petitioners
upon the investigating agency or the | 4 |
| person making such investigation,
and the guardian ad litem. | 5 |
| After the hearing on such application, at
which the petitioners | 6 |
| and the child shall appear in person, unless their
presence is | 7 |
| waived by the court for good cause shown, the court may
enter a | 8 |
| judgment for adoption, provided the court is
satisfied from the
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| report of the investigating agency or the person making the
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| investigation, and from the evidence, if any, introduced, that | 11 |
| the
adoption is for the welfare of the child and that there is | 12 |
| a valid
consent, or that no consent is required as provided in | 13 |
| Section 8 of this
Act.
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| (f) A judgment for adoption of a related child, an adult, | 15 |
| or a child as
to
whose adoption an agency or person authorized | 16 |
| by law has the right of
authority to consent may be entered at | 17 |
| any time after service of process
and after the return day | 18 |
| designated therein.
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| (f-5) A standby adoption judgment may be entered upon | 20 |
| notice of the death
of the consenting
terminally ill parent
or | 21 |
| upon the consenting
terminally ill parent's request that a | 22 |
| final judgment for adoption
be entered. The notice must be | 23 |
| provided to the court within 60 days after the
standby adoptive | 24 |
| parent's receipt of knowledge of death of the consenting
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| terminally ill parent or the consenting
terminally ill parent's | 26 |
| request that a
final judgment for adoption be entered. If the | 27 |
| court finds that adoption is
for the welfare of the child and | 28 |
| that there is a valid consent, including
consent for standby | 29 |
| adoption, which is still in effect, or that no consent is
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| required under Section 8 of the Act, a judgment for adoption | 31 |
| shall be entered
unless the court finds by clear and convincing | 32 |
| evidence that it is no longer in
the best interest of the child | 33 |
| for the adoption to be finalized.
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| (g) No special findings of fact or certificate of evidence | 35 |
| shall be
necessary in any case to support the judgment.
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| (h) Only the circuit court that entered the judgment of the |
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| adoption may
order the issuance of any contents of the court | 2 |
| file or that the original
birth record of the adoptee be | 3 |
| provided to any persons.
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| (Source: P.A. 91-572, eff. 1-1-00.)
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