State of Illinois
92nd General Assembly

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[ House Amendment 001 ][ House Amendment 002 ]



 1        AN ACT concerning adoption.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Adoption  Act  is  amended  by changing
 5    Section 6 as follows:

 6        (750 ILCS 50/6) (from Ch. 40, par. 1508)
 7        Sec. 6.  A. Investigation;  all  cases.  Within  10  days
 8    after  the  filing  of a petition for the adoption or standby
 9    adoption of a child other than a  related  child,  the  court
10    shall   appoint  a  child  welfare  agency  approved  by  the
11    Department of Children  and  Family  Services,  or  a  person
12    deemed  competent  by  the court, or in Cook County the Court
13    Services Division of the Cook  County  Department  of  Public
14    Aid, or the Department of Children and Family Services if the
15    court determines that no child welfare agency is available or
16    that  the  petitioner  is  financially  unable to pay for the
17    investigation, to investigate accurately, fully and promptly,
18    the allegations contained in  the  petition;  the  character,
19    reputation,  health  and general standing in the community of
20    the petitioners; the religious faith of the petitioners  and,
21    if  ascertainable,  of  the  child  sought to be adopted; and
22    whether the petitioners are proper persons to adopt the child
23    and whether the child is a proper subject  of  adoption.  The
24    investigation  required  under  this  Section shall include a
25    criminal background check with a review  of  fingerprints  by
26    State and federal authorities.  The criminal background check
27    required  by  this  Section  shall include a listing of when,
28    where and by whom the criminal background check was prepared.
29    The criminal background check required by this Section  shall
30    not be more than two years old.
31        Notwithstanding  any  other  provision of law, neither an
                            -2-                LRB9204177WHcs
 1    investigation conducted  under  this  Act  nor  a  report  of
 2    investigation  may  consider  or  include  any conviction (or
 3    disposition  of  supervision)  of  a   petitioner   for   any
 4    misdemeanor,  business  offense,  or  petty  offense  if  the
 5    offense  occurred more than 15 years before the filing of the
 6    petition for adoption and the offense was not a  sex  offense
 7    or  an  offense  involving  bodily  harm.  The conviction (or
 8    disposition  of  supervision)  of  a   petitioner   for   any
 9    misdemeanor, business offense, or petty offense that occurred
10    more  than  15  years  before  the filing of the petition for
11    adoption and was not a sex offense or  an  offense  involving
12    bodily  harm  may not be considered to be a bar or impediment
13    to adoption of a child by the petitioner.
14        Neither a clerk of the circuit  court  nor  a  judge  may
15    require  that  a  criminal  background  check  or fingerprint
16    review be filed with, or at the  same  time  as,  an  initial
17    petition for adoption.
18        B.  Investigation;  foreign-born child.  In the case of a
19    child born outside the United States or a territory  thereof,
20    in  addition  to  the investigation required under subsection
21    (A) of this Section, a post-placement investigation shall  be
22    conducted  in  accordance  with the requirements of the Child
23    Care Act of 1969, the Interstate Compact on the Placement  of
24    Children,  and  regulations of the foreign placing agency and
25    the supervising agency.
26        The requirements of a post-placement investigation  shall
27    be  deemed  to  have been satisfied if a valid final order or
28    judgment of adoption has been entered by a court of competent
29    jurisdiction in a country other than the United States  or  a
30    territory   thereof  with  respect  to  such  child  and  the
31    petitioners.
32        C.  Report of investigation.  The court  shall  determine
33    whether  the  costs  of the investigation shall be charged to
34    the petitioners. The information obtained as a result of such
                            -3-                LRB9204177WHcs
 1    investigation shall be presented to the court  in  a  written
 2    report. The results of the criminal background check required
 3    under  subsection  (A) shall be provided to the court for its
 4    review.   The  court  may,  in  its  discretion,  weigh   the
 5    significance  of the results of the criminal background check
 6    against the entirety of the background  of  the  petitioners.
 7    The  Court,  in  its discretion, may accept the report of the
 8    investigation previously made by  a  licensed  child  welfare
 9    agency,  if  made  within  one year prior to the entry of the
10    judgment. Such report shall be treated  as  confidential  and
11    withheld  from  inspection  unless  findings  adverse  to the
12    petitioners  or  to  the  child  sought  to  be  adopted  are
13    contained therein, and in that event the court  shall  inform
14    the  petitioners  of  the relevant portions pertaining to the
15    adverse findings. In no event shall any facts  set  forth  in
16    the  report  be  considered at the hearing of the proceeding,
17    unless established by competent evidence. The report shall be
18    filed with  the  record  of  the  proceeding.   If  the  file
19    relating to the proceeding is not impounded, the report shall
20    be  impounded  by  the  clerk  of the court and shall be made
21    available for inspection only upon order of the court.
22        D.  Related adoption. Such  investigation  shall  not  be
23    made  when  the petition seeks to adopt a related child or an
24    adult unless the court, in its discretion, shall so order. In
25    such an event the court may appoint a person deemed competent
26    by the court.
27    (Source: P.A.  91-429,  eff.  1-1-00;  91-572,  eff.  1-1-00;
28    91-740, eff. 6-2-00.)

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