State of Illinois
92nd General Assembly
Legislation

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92_SB0840eng

 
SB840 Engrossed                                LRB9205122RCcd

 1        AN ACT concerning minors.

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

 4        Section  5.  The Juvenile Court Act of 1987 is amended by
 5    changing Section 2-28 as follows:

 6        (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
 7        Sec. 2-28. Court review.
 8        (1)  The  court  may  require  any  legal  custodian   or
 9    guardian  of  the  person  appointed under this Act to report
10    periodically to the court or may  cite  him  into  court  and
11    require him or his agency, to make a full and accurate report
12    of  his  or its doings in behalf of the minor.  The custodian
13    or guardian, within 10 days after such citation,  shall  make
14    the report, either in writing verified by affidavit or orally
15    under  oath in open court, or otherwise as the court directs.
16    Upon the hearing of the  report  the  court  may  remove  the
17    custodian  or  guardian  and  appoint another in his stead or
18    restore the minor to the custody of  his  parents  or  former
19    guardian  or  custodian.  However, custody of the minor shall
20    not be restored to any parent, guardian or legal custodian in
21    any case in which the minor  is  found  to  be  neglected  or
22    abused  under  Section  2-3 or dependent under Section 2-4 of
23    this Act, unless the minor can be cared for at  home  without
24    endangering  the  minor's  health  or safety and it is in the
25    best interests of the minor, and if such neglect,  abuse,  or
26    dependency  is  found  by  the  court  under paragraph (1) of
27    Section 2-21 of this Act to have come about due to  the  acts
28    or  omissions  or  both  of  such  parent,  guardian or legal
29    custodian, until such time as an  investigation  is  made  as
30    provided  in paragraph (5) and a hearing is held on the issue
31    of the fitness of such parent, guardian or legal custodian to
 
SB840 Engrossed             -2-                LRB9205122RCcd
 1    care for the minor and the court enters an  order  that  such
 2    parent,  guardian  or  legal custodian is fit to care for the
 3    minor.
 4        (2)  The first permanency hearing shall be  conducted  by
 5    the judge.   Subsequent permanency hearings may be heard by a
 6    judge  or  by  hearing  officers appointed or approved by the
 7    court in the manner set forth in Section 2-28.1 of this  Act.
 8    The  initial  hearing shall be held (a) within 12 months from
 9    the date temporary custody was taken,  (b)  if  the  parental
10    rights  of  both  parents  have been terminated in accordance
11    with the procedure described in  subsection  (5)  of  Section
12    2-21, within 30 days of the order for termination of parental
13    rights and appointment of a guardian with power to consent to
14    adoption, or (c) in accordance with subsection (2) of Section
15    2-13.1.  Subsequent permanency hearings shall be held every 6
16    months  or  more  frequently  if  necessary  in  the  court's
17    determination  following  the  initial permanency hearing, in
18    accordance with the standards  set  forth  in  this  Section,
19    until  the  court determines that the plan and goal have been
20    achieved.  Once the plan and goal have been achieved, if  the
21    minor  remains in substitute care, the case shall be reviewed
22    at least every 6 months thereafter, subject to the provisions
23    of  this  Section,  unless  the  minor  is  placed   in   the
24    guardianship  of  a suitable relative or other person and the
25    court determines that further monitoring by  the  court  does
26    not  further the health, safety or best interest of the child
27    and  that  this  is  a  stable  permanent  placement.     The
28    permanency  hearings  must  occur  within the time frames set
29    forth  in  this  subsection  and  may  not  be   delayed   in
30    anticipation  of  a  report  from  any  source  or due to the
31    agency's failure to timely  file  its  written  report  (this
32    written   report  means  the  one  required  under  the  next
33    paragraph and does not mean the service plan also referred to
34    in that paragraph).
 
SB840 Engrossed             -3-                LRB9205122RCcd
 1        The public agency that is the custodian  or  guardian  of
 2    the  minor,  or  another  agency  responsible for the minor's
 3    care,  shall  ensure  that  all  parties  to  the  permanency
 4    hearings are provided a copy of the most recent service  plan
 5    prepared  within  the  prior  6  months  at  least 14 days in
 6    advance of the hearing.  If not contained in  the  plan,  the
 7    agency  shall  also  include  a  report setting forth (i) any
 8    special  physical,   psychological,   educational,   medical,
 9    emotional,  or  other needs of the minor or his or her family
10    that are relevant to a permanency or placement  determination
11    and  (ii) for any minor age 16 or over, a written description
12    of the programs and services that will enable  the  minor  to
13    prepare  for independent living.  The agency's written report
14    must detail what progress or lack of progress the parent  has
15    made  in  correcting the conditions requiring the child to be
16    in care; whether the  child  can  be  returned  home  without
17    jeopardizing  the child's health, safety, and welfare, and if
18    not, what permanency goal is recommended to be  in  the  best
19    interests  of  the  child, and why the other permanency goals
20    are not appropriate.  The caseworker must appear and  testify
21    at  the  permanency hearing.  If a permanency hearing has not
22    previously been scheduled by  the  court,  the  moving  party
23    shall  move  for  the setting of a permanency hearing and the
24    entry of an order within the time frames set  forth  in  this
25    subsection.
26        At  the permanency hearing, the court shall determine the
27    future status of the child.  The court shall set one  of  the
28    following permanency goals:
29             (A)  The  minor  will be returned home by a specific
30        date within 5 months.
31             (B)  The minor will be in  short-term  care  with  a
32        continued  goal  to  return  home  within a period not to
33        exceed one year, where the  progress  of  the  parent  or
34        parents is substantial giving particular consideration to
 
SB840 Engrossed             -4-                LRB9205122RCcd
 1        the age and individual needs of the minor.
 2             (B-1)  The  minor  will be in short-term care with a
 3        continued goal to return home pending a  status  hearing.
 4        When   the  court  finds  that  a  parent  has  not  made
 5        reasonable efforts or reasonable progress  to  date,  the
 6        court  shall  identify  what  actions  the parent and the
 7        Department must take in order to  justify  a  finding  of
 8        reasonable efforts or reasonable progress and shall set a
 9        status  hearing to be held not earlier than 9 months from
10        the date of adjudication nor later than  11  months  from
11        the  date  of  adjudication  during  which  the  parent's
12        progress will again be reviewed.
13             (C)  The  minor  will  be in substitute care pending
14        court determination on termination of parental rights.
15             (D)  Adoption, provided that  parental  rights  have
16        been terminated or relinquished.
17             (E)  The   guardianship   of   the   minor  will  be
18        transferred to an individual or  couple  on  a  permanent
19        basis provided that goals (A) through (D) have been ruled
20        out.
21             (F)  The  minor over age 15 12 will be in substitute
22        care pending independence.
23             (G)  The minor will be in substitute care because he
24        or she cannot be provided for in a home  environment  due
25        to   developmental  disabilities  or  mental  illness  or
26        because he or she is a danger to self or others, provided
27        that goals (A) through (D) have been ruled out.
28        In  selecting  any  permanency  goal,  the  court   shall
29    indicate in writing the reasons the goal was selected and why
30    the  preceding  goals  were  ruled  out.  Where the court has
31    selected a permanency goal other than (A), (B), or (B-1), the
32    Department of Children and Family Services shall not  provide
33    further  reunification  services,  but shall provide services
34    consistent with the goal selected.
 
SB840 Engrossed             -5-                LRB9205122RCcd
 1        The court shall set a permanency goal that is in the best
 2    interest of  the  child.   The  court's  determination  shall
 3    include the following factors:
 4             (1)  Age of the child.
 5             (2)  Options available for permanence.
 6             (3)  Current  placement  of the child and the intent
 7        of the family regarding adoption.
 8             (4)  Emotional,  physical,  and  mental  status   or
 9        condition of the child.
10             (5)  Types   of   services  previously  offered  and
11        whether or not the services were successful and,  if  not
12        successful, the reasons the services failed.
13             (6)  Availability  of  services currently needed and
14        whether the services exist.
15             (7)  Status of siblings of the minor.
16        The  court  shall  consider  (i)  the   permanency   goal
17    contained  in  the  service plan, (ii) the appropriateness of
18    the services contained in the plan and whether those services
19    have been provided, (iii)  whether  reasonable  efforts  have
20    been  made  by all the parties to the service plan to achieve
21    the goal, and (iv)  whether  the  plan  and  goal  have  been
22    achieved.    All   evidence  relevant  to  determining  these
23    questions,  including  oral  and  written  reports,  may   be
24    admitted  and  may  be  relied  on  to  the  extent  of their
25    probative value.
26        If the goal has been  achieved,  the  court  shall  enter
27    orders  that  are  necessary  to  conform  the  minor's legal
28    custody and status to those findings.
29        If, after receiving evidence, the court  determines  that
30    the  services  contained  in  the  plan  are  not  reasonably
31    calculated  to facilitate achievement of the permanency goal,
32    the court shall put in writing the factual  basis  supporting
33    the  determination  and  enter specific findings based on the
34    evidence.  The court  also  shall  enter  an  order  for  the
 
SB840 Engrossed             -6-                LRB9205122RCcd
 1    Department  to develop and implement a new service plan or to
 2    implement changes to the current service plan consistent with
 3    the court's findings.  The new service plan  shall  be  filed
 4    with  the  court  and served on all parties within 45 days of
 5    the date of the order.  The court shall continue  the  matter
 6    until  the  new  service  plan  is  filed.   Unless otherwise
 7    specifically authorized by law, the court  is  not  empowered
 8    under  this  subsection  (2) or under subsection (3) to order
 9    specific placements, specific services, or  specific  service
10    providers to be included in the plan.
11        A  guardian  or custodian appointed by the court pursuant
12    to this Act shall file updated  case  plans  with  the  court
13    every 6 months.
14        Rights   of  wards  of  the  court  under  this  Act  are
15    enforceable against  any  public  agency  by  complaints  for
16    relief  by  mandamus  filed  in any proceedings brought under
17    this Act.
18        (3)  Following the permanency hearing,  the  court  shall
19    enter  a  written  order  that  includes  the  determinations
20    required  under subsection (2) of this Section and sets forth
21    the following:
22             (a)  The future status of the minor,  including  the
23        permanency  goal,  and any order necessary to conform the
24        minor's legal custody and status to  such  determination;
25        or
26             (b)  If  the  permanency goal of the minor cannot be
27        achieved immediately, the specific reasons for continuing
28        the minor in the care of the Department of  Children  and
29        Family Services or other agency for short term placement,
30        and the following determinations:
31                  (i)  (Blank).
32                  (ii)  Whether  the  services  required  by  the
33             court  and  by  any service plan prepared within the
34             prior 6 months have been provided  and  (A)  if  so,
 
SB840 Engrossed             -7-                LRB9205122RCcd
 1             whether  the  services were reasonably calculated to
 2             facilitate the achievement of the permanency goal or
 3             (B) if not  provided,  why  the  services  were  not
 4             provided.
 5                  (iii)  Whether   the   minor's   placement   is
 6             necessary,  and  appropriate  to  the plan and goal,
 7             recognizing  the  right  of  minors  to  the   least
 8             restrictive (most family-like) setting available and
 9             in  close  proximity to the parents' home consistent
10             with the health, safety, best interest  and  special
11             needs  of  the  minor  and,  if  the minor is placed
12             out-of-State,  whether  the  out-of-State  placement
13             continues to be appropriate and consistent with  the
14             health, safety, and best interest of the minor.
15                  (iv)  (Blank).
16                  (v)  (Blank).
17        Any  order  entered pursuant to this subsection (3) shall
18    be immediately appealable as a matter of right under  Supreme
19    Court Rule 304(b)(1).
20        (4)  The  minor or any person interested in the minor may
21    apply to the court for a change in custody of the  minor  and
22    the  appointment of a new custodian or guardian of the person
23    or for the restoration of the minor to  the  custody  of  his
24    parents or former guardian or custodian.
25        When return home is not selected as the permanency goal:
26             (a)  The  Department,  the  minor,  or  the  current
27        foster  parent  or  relative  caregiver  seeking  private
28        guardianship  may  file a motion for private guardianship
29        of the minor.   Appointment  of  a  guardian  under  this
30        Section requires approval of the court.
31             (b)  The  State's  Attorney  may  file  a  motion to
32        terminate parental rights of any parent who has failed to
33        make reasonable efforts to correct the  conditions  which
34        led  to  the  removal of the child or reasonable progress
 
SB840 Engrossed             -8-                LRB9205122RCcd
 1        toward the return of the child, as defined in subdivision
 2        (D)(m) of Section 1 of the Adoption Act or for  whom  any
 3        other unfitness ground for terminating parental rights as
 4        defined  in  subdivision (D) of Section 1 of the Adoption
 5        Act exists.
 6        Custody of the minor shall not be restored to any parent,
 7    guardian or legal custodian in any case in which the minor is
 8    found  to  be  neglected  or  abused  under  Section  2-3  or
 9    dependent under Section 2-4 of this Act, unless the minor can
10    be cared for at home without endangering his or her health or
11    safety and it is in the best interest of the  minor,  and  if
12    such  neglect,  abuse,  or  dependency  is found by the court
13    under paragraph (1) of Section 2-21 of this Act to have  come
14    about  due  to  the acts or omissions or both of such parent,
15    guardian  or  legal  custodian,  until  such   time   as   an
16    investigation  is  made  as  provided  in paragraph (5) and a
17    hearing is held on the issue of the health, safety  and  best
18    interest  of  the  minor  and  the  fitness  of  such parent,
19    guardian or legal custodian to care for  the  minor  and  the
20    court  enters  an  order  that such parent, guardian or legal
21    custodian is fit to care for the minor.  In  the  event  that
22    the  minor  has  attained 18 years of age and the guardian or
23    custodian petitions the court for an  order  terminating  his
24    guardianship   or  custody,  guardianship  or  custody  shall
25    terminate automatically 30 days  after  the  receipt  of  the
26    petition   unless  the  court  orders  otherwise.   No  legal
27    custodian or guardian of the person may  be  removed  without
28    his consent until given notice and an opportunity to be heard
29    by the court.
30        When  the court orders a child restored to the custody of
31    the parent or parents, the court shall order  the  parent  or
32    parents  to  cooperate  with  the  Department of Children and
33    Family Services and comply with the terms  of  an  after-care
34    plan,  or  risk the loss of custody of the child and possible
 
SB840 Engrossed             -9-                LRB9205122RCcd
 1    termination of their parental rights.   The  court  may  also
 2    enter  an  order of protective supervision in accordance with
 3    Section 2-24.
 4        (5)  Whenever a  parent,  guardian,  or  legal  custodian
 5    files  a  motion for restoration of custody of the minor, and
 6    the minor was adjudicated neglected, abused, or dependent  as
 7    a  result of physical abuse, the court shall cause to be made
 8    an investigation as to  whether  the  movant  has  ever  been
 9    charged with or convicted of any criminal offense which would
10    indicate  the likelihood of any further physical abuse to the
11    minor.  Evidence of such criminal convictions shall be  taken
12    into  account  in  determining whether the minor can be cared
13    for at home without endangering his or her health  or  safety
14    and fitness of the parent, guardian, or legal custodian.
15             (a)  Any  agency  of  this  State or any subdivision
16        thereof shall co-operate with the agent of the  court  in
17        providing any information sought in the investigation.
18             (b)  The  information derived from the investigation
19        and any conclusions or recommendations derived  from  the
20        information shall be provided to the parent, guardian, or
21        legal  custodian  seeking restoration of custody prior to
22        the hearing on fitness  and  the  movant  shall  have  an
23        opportunity  at  the hearing to refute the information or
24        contest its significance.
25             (c)  All information obtained from any investigation
26        shall be confidential as provided  in  Section  5-150  of
27        this Act.
28    (Source:  P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-87,
29    eff. 9-1-97;  90-590,  eff.  1-1-99;  90-608,  eff.  6-30-98;
30    90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)

31        Section  10.   The  Adoption  Act  is amended by changing
32    Section 10 as follows:
 
SB840 Engrossed             -10-               LRB9205122RCcd
 1        (750 ILCS 50/10) (from Ch. 40, par. 1512)
 2        Sec. 10.  Forms of consent and surrender;  execution  and
 3    acknowledgment thereof.
 4        A.  The  form  of  consent required for the adoption of a
 5    born child shall be substantially as follows:
 6              FINAL AND IRREVOCABLE CONSENT TO ADOPTION
 7        I, ...., (relationship, e.g., mother,  father,  relative,
 8    guardian) of ...., a ..male child, state:
 9        That such child was born on .... at ....
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 this proceeding and
13    waive service of summons on me.
14        That I do hereby consent and agree  to  the  adoption  of
15    such child.
16        That  I  wish  to  and  understand  that  by signing this
17    consent I do irrevocably and permanently give up all  custody
18    and other parental rights I have to such child.
19        That  I understand such child will be placed for adoption
20    and that I cannot under any circumstances, after signing this
21    document, change my mind and revoke or cancel this consent or
22    obtain or recover custody  or  any  other  rights  over  such
23    child.   That  I  have read and understand the above and I am
24    signing it as my free and voluntary act.
25        Dated (insert date).
26    .........................

27        If under Section 8 the consent of more than one person is
28    required, then each such  person  shall  execute  a  separate
29    consent.
30        B.  The  form  of consent required for the adoption of an
31    unborn child shall be substantially as follows:
32                 CONSENT TO ADOPTION OF UNBORN CHILD
33        I, ...., state:
34        That I am the father of a child expected to be born on or
 
SB840 Engrossed             -11-               LRB9205122RCcd
 1    about .... to .... (name of mother).
 2        That I reside at .... County of ...., and State of .....
 3        That I am of the age of .... years.
 4        That I  hereby  enter  my  appearance  in  such  adoption
 5    proceeding and waive service of summons on me.
 6        That  I  do  hereby  consent and agree to the adoption of
 7    such child, and that I have not previously executed a consent
 8    or surrender with respect to such child.
 9        That I wish to and do understand  that  by  signing  this
10    consent  I do irrevocably and permanently give up all custody
11    and other parental rights I have to such child, except that I
12    have the right to  revoke  this  consent  by  giving  written
13    notice  of  my  revocation  not later than 72 hours after the
14    birth of the child.
15        That I understand such child will be placed for  adoption
16    and  that, except as hereinabove provided, I cannot under any
17    circumstances, after signing this document,  change  my  mind
18    and  revoke  or  cancel  this  consent  or  obtain or recover
19    custody or any other rights over such child.
20        That I have read  and  understand  the  above  and  I  am
21    signing it as my free and voluntary act.
22        Dated (insert date).
23    ........................
24        B-5.  (1)  The parent of a child may execute a consent to
25    standby adoption by a specified person or persons.  A consent
26    under this subsection B-5 shall be acknowledged by  a  parent
27    pursuant  to  subsection  H and subsection K of this Section.
28    The form of consent required for the standby  adoption  of  a
29    born child effective at a future date when the terminally ill
30    parent of the child dies or requests that a final judgment of
31    adoption be entered shall be substantially as follows:
32                    FINAL AND IRREVOCABLE CONSENT
33                         TO STANDBY ADOPTION
34        I,  ..., (relationship, e.g. mother or father) of ...., a
 
SB840 Engrossed             -12-               LRB9205122RCcd
 1    ..male child, state:
 2        That the child was born on .... at .....
 3        That I reside at ...., County of ...., and State of .....
 4        That I am of the age of .... years.
 5        That I hereby enter my appearance in this proceeding  and
 6    waive service of summons on me in this action only.
 7        That  I  do  hereby  consent  and  agree  to  the standby
 8    adoption of  the  child,  and  that  I  have  not  previously
 9    executed a consent or surrender with respect to the child.
10        That  (I  am terminally ill) (the child's other parent is
11    terminally ill).
12        That I wish  to  and  understand  that  by  signing  this
13    consent  I do irrevocably and permanently give up all custody
14    and other parental rights I have to the child, effective upon
15    (my death) (the child's other parent's death)  or  upon  (my)
16    (the  terminally  ill  parent's)  request  for the entry of a
17    final judgment for adoption if  .....  (specified  person  or
18    persons) adopt my child.
19        That  I  understand that until (I die) (the child's other
20    parent dies), I  retain  all  legal  rights  and  obligations
21    concerning  the  child,  but at that time, I irrevocably give
22    all custody and other  parental  rights  to  ....  (specified
23    person or persons).
24        I   understand  my  child  will  be  adopted  by  .......
25    (specified person or persons) only and that I  cannot,  under
26    any  circumstances,  after  signing  this document, change my
27    mind and revoke or cancel this consent or obtain  or  recover
28    custody or any other rights over my child if ..... (specified
29    person or persons) adopt my child.
30        I  understand  that  this  consent to standby adoption is
31    valid only if the petition for standby adoption is filed  and
32    that  if  .......  (specified  person  or  persons),  for any
33    reason, cannot or  will  not  file  a  petition  for  standby
34    adoption  or  if  his,  her,  or  their  petition for standby
 
SB840 Engrossed             -13-               LRB9205122RCcd
 1    adoption is denied, then this consent is void.   I  have  the
 2    right  to notice of any other proceeding that could affect my
 3    parental rights.
 4        That I have read  and  understand  the  above  and  I  am
 5    signing it as my free and voluntary act.
 6        Dated (insert date).
 7    ....................

 8        If under Section 8 the consent of more than one person is
 9    required,  then  each  such  person  shall execute a separate
10    consent.  A separate  consent  shall  be  executed  for  each
11    child.
12        (2)  If  the  parent  consents to a standby adoption by 2
13    specified persons, then the form shall contain  2  additional
14    paragraphs in substantially the following form:
15        If   ....   (specified  persons)  obtain  a  judgment  of
16    dissolution of marriage before the judgment for  adoption  is
17    entered,  then ..... (specified person) shall adopt my child.
18    I understand that I cannot change my  mind  and  revoke  this
19    consent  or  obtain  or  recover custody of my child if .....
20    (specified persons)  obtain  a  judgment  of  dissolution  of
21    marriage  and  .....  (specified  person) adopts my child.  I
22    understand that I cannot  change  my  mind  and  revoke  this
23    consent  if  ......  (specified persons) obtain a judgment of
24    dissolution of marriage  before the  adoption  is  final.   I
25    understand that this consent to adoption has no effect on who
26    will  get  custody  of  my child if ..... (specified persons)
27    obtain a  judgment  of  dissolution  of  marriage  after  the
28    adoption  is  final.   I  understand  that  if  either  .....
29    (specified  persons)  dies  before  the  petition to adopt my
30    child is granted, then the  surviving  person  may  adopt  my
31    child.   I understand that I cannot change my mind and revoke
32    this consent or obtain or recover custody of my child if  the
33    surviving person adopts my child.
34        A  consent  to  standby  adoption by specified persons on
 
SB840 Engrossed             -14-               LRB9205122RCcd
 1    this form shall have no effect on a court's determination  of
 2    custody   or  visitation  under  the  Illinois  Marriage  and
 3    Dissolution of Marriage Act if the marriage of the  specified
 4    persons is 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)   .....
12    (official  title,  name,  and address), certify that .......,
13    personally known to me to be the same person  whose  name  is
14    subscribed  to the foregoing Final and Irrevocable Consent to
15    Standby 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
22    not adopt the child or if the adoption  petition  is  denied,
23    then  this consent will be void.  I have fully explained that
24    if the specified  person  or  persons  adopt  the  child,  by
25    signing   this   consent   (she)   (he)  is  irrevocably  and
26    permanently relinquishing all parental rights to  the  child,
27    and  (she) (he) has stated that such is (her) (his) intention
28    and desire.
29        Dated (insert date).
30        Signature..............................
31        (4)  If a consent to standby adoption is executed in this
32    form, the consent shall be valid only if the specified person
33    or persons adopt the child.  The consent shall be void if:
 
SB840 Engrossed             -15-               LRB9205122RCcd
 1        (a)  the specified  person  or  persons  do  not  file  a
 2    petition for standby adoption of the child; or
 3        (b)  a court denies the standby adoption petition.
 4        The  parent  shall  not  need  to  take further action to
 5    revoke the consent if the standby adoption by  the  specified
 6    person   or  persons  does  not  occur,  notwithstanding  the
 7    provisions of Section 11 of this Act.
 8        C.  The form of surrender to any agency given by a parent
 9    of a born child who is to be subsequently placed for adoption
10    shall be substantially as  follows  and  shall  contain  such
11    other  facts  and  statements  as the particular agency shall
12    require.
13                   FINAL AND IRREVOCABLE SURRENDER
14                      FOR PURPOSES OF 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 do hereby surrender and entrust the entire custody
21    and  control  of  such  child  to the ....  (the "Agency"), a
22    (public) (licensed) child welfare agency with  its  principal
23    office in the City of ...., County of .... and State of ....,
24    for  the purpose of enabling it to care for and supervise the
25    care of such child, to place such child for adoption  and  to
26    consent to the legal adoption of such child.
27        That  I  hereby  grant  to  the  Agency  full  power  and
28    authority  to  place such child with any person or persons it
29    may in its sole discretion  select  to  become  the  adopting
30    parent  or  parents  and  to consent to the legal adoption of
31    such child by such person or persons; and to take any and all
32    measures which, in the judgment of the Agency, may be for the
33    best interests of such child, including authorizing  medical,
34    surgical  and dental care and treatment including inoculation
 
SB840 Engrossed             -16-               LRB9205122RCcd
 1    and anaesthesia for such child.
 2        That I wish  to  and  understand  that  by  signing  this
 3    surrender  I  do  irrevocably  and  permanently  give  up all
 4    custody and other parental rights I have to such child.
 5        That I understand I cannot under any circumstances, after
 6    signing this surrender, change my mind and revoke  or  cancel
 7    this  surrender  or  obtain  or  recover custody or any other
 8    rights over such child.
 9        That I have read  and  understand  the  above  and  I  am
10    signing it as my free and voluntary act.
11        Dated (insert date).
12    ........................
13        D.  The  form of surrender to an agency given by a parent
14    of an unborn child who  is  to  be  subsequently  placed  for
15    adoption  shall be substantially as follows and shall contain
16    such other facts and  statements  as  the  particular  agency
17    shall require.
18                    SURRENDER OF UNBORN CHILD FOR
19                        PURPOSES OF ADOPTION
20        I, .... (father), state:
21        That I am the father of a child expected to be born on or
22    about .... to .... (name of mother).
23        That I reside at ...., County of ...., and State of .....
24        That I am of the age of .... years.
25        That I do hereby surrender and entrust the entire custody
26    and  control  of  such  child  to  the .... (the "Agency"), a
27    (public) (licensed) child welfare agency with  its  principal
28    office in the City of ...., County of .... and State of ....,
29    for  the purpose of enabling it to care for and supervise the
30    care of such child, to place such child for adoption  and  to
31    consent  to the legal adoption of such child, and that I have
32    not previously executed a consent or surrender  with  respect
33    to such child.
34        That  I  hereby  grant  to  the  Agency  full  power  and
 
SB840 Engrossed             -17-               LRB9205122RCcd
 1    authority  to  place such child with any person or persons it
 2    may in its sole discretion  select  to  become  the  adopting
 3    parent  or  parents  and  to consent to the legal adoption of
 4    such child by such person or persons; and to take any and all
 5    measures which, in the judgment of the Agency, may be for the
 6    best interests of such child, including authorizing  medical,
 7    surgical and dental care and treatment, including inoculation
 8    and anaesthesia for such child.
 9        That  I  wish  to  and  understand  that  by signing this
10    surrender I  do  irrevocably  and  permanently  give  up  all
11    custody and other parental rights I have to such child.
12        That I understand I cannot under any circumstances, after
13    signing  this  surrender, change my mind and revoke or cancel
14    this surrender or obtain or  recover  custody  or  any  other
15    rights  over  such  child,  except  that  I have the right to
16    revoke  this  surrender  by  giving  written  notice  of   my
17    revocation  not  later  than 72 hours after the birth of such
18    child.
19        That I have read  and  understand  the  above  and  I  am
20    signing it as my free and voluntary act.
21        Dated (insert date).
22    ........................
23        E.  The form of consent required from the parents for the
24    adoption  of  an adult, when such adult elects to obtain such
25    consent, shall be substantially as follows:
26                               CONSENT
27        I, ...., (father) (mother) of ...., an adult, state:
28        That I reside at ...., County of .... and State of .....
29        That I do hereby consent and agree  to  the  adoption  of
30    such adult by .... and .....
31        Dated (insert date).
32    .........................
33        F.  The  form  of  consent required for the adoption of a
34    child of the age of 14 years or upwards, or of an  adult,  to
 
SB840 Engrossed             -18-               LRB9205122RCcd
 1    be given by such person, shall be substantially as follows:
 2                               CONSENT
 3        I, ...., state:
 4        That  I reside at ...., County of .... and State of .....
 5    That I am of the age of .... years.  That I consent and agree
 6    to my adoption by .... and .....
 7        Dated (insert date).
 8    ........................
 9        G.  The form  of  consent  given  by  an  agency  to  the
10    adoption   by   specified   persons  of  a  child  previously
11    surrendered to it shall set forth that  the  agency  has  the
12    authority to execute such consent.  The form of consent given
13    by  a guardian of the person of a child sought to be adopted,
14    appointed by a court of  competent  jurisdiction,  shall  set
15    forth  the facts of such appointment and the authority of the
16    guardian to execute such consent.
17        H.  A consent (other than that given  by  an  agency,  or
18    guardian  of  the  person  of  the child sought to be adopted
19    appointed by a court  of  competent  jurisdiction)  shall  be
20    acknowledged  by  a  parent before the presiding judge of the
21    court in which the petition for adoption has been, or  is  to
22    be  filed  or  before  any  other  judge  or  hearing officer
23    designated or subsequently approved  by  the  court,  or  the
24    circuit  clerk  if  so  authorized by the presiding judge or,
25    except  as  otherwise  provided  in  this   Act,   before   a
26    representative  of  the  Department  of  Children  and Family
27    Services or a licensed child welfare agency, or before social
28    service personnel  under  the  jurisdiction  of  a  court  of
29    competent jurisdiction, or before social service personnel of
30    the  Cook County Department of Supportive Services designated
31    by the presiding judge.
32        I.  A surrender, or any other document  equivalent  to  a
33    surrender, by which a child is surrendered to an agency shall
34    be  acknowledged  by  the  person  signing such surrender, or
 
SB840 Engrossed             -19-               LRB9205122RCcd
 1    other document, before a judge  or  hearing  officer  or  the
 2    clerk  of  any  court  of record, either in this State or any
 3    other state of the United States, or before a  representative
 4    of  an  agency  or  before  any  other  person  designated or
 5    approved by the presiding judge of the  court  in  which  the
 6    petition for adoption has been, or is to be, filed.
 7        J.  The  form  of the certificate of acknowledgment for a
 8    consent, a surrender, or any other document equivalent  to  a
 9    surrender, shall be substantially as follows:
10    STATE OF ....)
11                 ) SS.
12    COUNTY OF ...)
13        I,  ....  (Name of judge or other person), .... (official
14    title, name and location of court or status  or  position  of
15    other  person),  certify that ...., personally known to me to
16    be the same person whose name is subscribed to the  foregoing
17    (consent)  (surrender), appeared before me this day in person
18    and acknowledged that (she) (he) signed  and  delivered  such
19    (consent)  (surrender) as (her) (his) free and voluntary act,
20    for the specified purpose.
21        I have fully explained that  by  signing  such  (consent)
22    (surrender)  (she)  (he)  is  irrevocably  relinquishing  all
23    parental  rights  to  such  child or adult and (she) (he) has
24    stated that such is (her) (his) intention and desire.
25        Dated (insert date).
26        Signature ...............
27        K.  When the execution of a consent  or  a  surrender  is
28    acknowledged  before  someone other than a judge or the clerk
29    of a court of  record,  such  other  person  shall  have  his
30    signature  on  the  certificate  acknowledged before a notary
31    public, in form substantially as follows:
32    STATE OF ....)
33                 ) SS.
34    COUNTY OF ...)
 
SB840 Engrossed             -20-               LRB9205122RCcd
 1        I, a Notary Public, in and for the County of  ......,  in
 2    the  State  of ......, certify that ...., personally known to
 3    me to be the same person whose  name  is  subscribed  to  the
 4    foregoing  certificate  of acknowledgment, appeared before me
 5    in person  and  acknowledged  that  (she)  (he)  signed  such
 6    certificate  as  (her)  (his) free and voluntary act and that
 7    the statements made in the certificate are true.
 8        Dated (insert date).
 9                   Signature ...................... Notary Public
10                                                  (official seal)

11        There shall be attached a certificate of  magistracy,  or
12    other  comparable  proof  of  office  of  the  notary  public
13    satisfactory   to   the   court,  to  a  consent  signed  and
14    acknowledged in another state.
15        L.  A surrender  or  consent  executed  and  acknowledged
16    outside  of  this State, either in accordance with the law of
17    this State or in accordance with the law of the  place  where
18    executed, is valid.
19        M.  Where a consent or a surrender is signed in a foreign
20    country,  the execution of such consent shall be acknowledged
21    or affirmed in a manner conformable to the law and  procedure
22    of such country.
23        N.  If  the  person  signing a consent or surrender is in
24    the military service of the United States, the  execution  of
25    such  consent  or  surrender  may  be  acknowledged  before a
26    commissioned officer and the signature  of  such  officer  on
27    such  certificate  shall be verified or acknowledged before a
28    notary public or by such other procedure as is then in effect
29    for such division or branch of the armed forces.
30        O. (1)  The  parent  or  parents  of  a  child  in  whose
31    interests a petition under Section 2-13 of the Juvenile Court
32    Act of  1987  is  pending  may,  with  the  approval  of  the
33    designated  representative  of the Department of Children and
34    Family Services, execute a consent to adoption by a specified
 
SB840 Engrossed             -21-               LRB9205122RCcd
 1    person or persons:
 2             (a)  in whose physical custody the child has resided
 3        for at least 6 months one year; or
 4             (b)  in whose physical custody at least one  sibling
 5        of  the  child  who  is  the  subject of this consent has
 6        resided for at least 6 months one year, and the child who
 7        is the subject of this consent is currently  residing  in
 8        this foster home; or
 9             (c)  in  whose  physical  custody  a child under one
10        year of age has resided for at least 3 months.
11    A consent under this subsection O shall be acknowledged by  a
12    parent  pursuant  to  subsection  H  and subsection K of this
13    Section.
14        (2)  The consent to adoption by  a  specified  person  or
15    persons  shall have the caption of the proceeding in which it
16    is to be filed and shall be substantially as follows:
17            FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
18                    A SPECIFIED PERSON OR PERSONS
19        I,      ......................................,       the
20    ..................  (mother  or  father) of a ....male child,
21    state:
22             1.  My child ............................  (name  of
23        child)  was born on (insert date) at ....................
24        Hospital   in   ................   County,    State    of
25        ...............
26             2.  I  reside  at  ......................, County of
27        ............. and State of ..............
28             3.  I, ...........................,  am  ....  years
29        old.
30             4.  I enter my appearance in this action to adopt my
31        child by the person or persons specified herein by me and
32        waive service of summons on me in this action only.
33             5.  I  consent  to  the  adoption  of  my  child  by
34        .............................    (specified   person   or
 
SB840 Engrossed             -22-               LRB9205122RCcd
 1        persons) only.
 2             6.  I wish to sign this  consent  and  I  understand
 3        that   by   signing   this   consent  I  irrevocably  and
 4        permanently give up all parental  rights  I  have  to  my
 5        child      if      my     child     is     adopted     by
 6        .............................   (specified   person    or
 7        persons).
 8             7.  I   understand  my  child  will  be  adopted  by
 9        .............................    (specified   person   or
10        persons)  only and that I cannot under any circumstances,
11        after signing this document, change my mind and revoke or
12        cancel this consent or obtain or recover custody  or  any
13        other       rights       over       my      child      if
14        ............................   (specified    person    or
15        persons) adopt my child.
16             8.  I  understand  that  this consent to adoption is
17        valid only if the petition to adopt is filed  within  one
18        year   from   the  date  that  I  sign  it  and  that  if
19        ....................... (specified  person  or  persons),
20        for  any  reason,  cannot  or will not file a petition to
21        adopt my child within that one year period  or  if  their
22        adoption  petition  is  denied, then this consent will be
23        voidable after one year upon  the  timely  filing  of  my
24        motion.   If  I file this motion before the filing of the
25        petition for adoption, I understand that the court  shall
26        revoke  this  specific  consent void. I have the right to
27        notice of any  other  proceeding  that  could  affect  my
28        parental   rights,   except   for   the   proceeding  for
29        ............. (specified person or persons) to  adopt  my
30        child.
31             9.  I  have  read  and understand the above and I am
32        signing it as my free and voluntary act.
33             Dated (insert date).
34             .............................................
 
SB840 Engrossed             -23-               LRB9205122RCcd
 1             Signature of parent
 2        (3)  If the parent consents to an adoption by 2 specified
 3    persons, then the form shall contain 2 additional  paragraphs
 4    in substantially the following form:
 5             10.  If  ...............  (specified  persons) get a
 6        divorce before the petition to adopt my child is granted,
 7        then .......... (specified person) shall adopt my  child.
 8        I understand that I cannot change my mind and revoke this
 9        consent  or  obtain  or  recover custody over my child if
10        .............    (specified    persons)    divorce    and
11        ............. (specified  person)  adopts  my  child.   I
12        understand  that  I cannot change my mind and revoke this
13        consent or obtain or recover custody  over  my  child  if
14        .................  (specified  persons) divorce after the
15        adoption is final.  I understand  that  this  consent  to
16        adoption  has  no  effect  on  who will get custody of my
17        child if they divorce after the adoption is final.
18             11.  I understand  that  if  either  ...............
19        (specified  persons) dies before the petition to adopt my
20        child is granted, then the surviving person can adopt  my
21        child.   I  understand  that  I cannot change my mind and
22        revoke this consent or obtain or recover custody over  my
23        child if the surviving person adopts my child.
24        A  consent  to adoption by specified persons on this form
25    shall have no effect on a court's determination of custody or
26    visitation under the Illinois  Marriage  and  Dissolution  of
27    Marriage  Act  if  the  marriage  of the specified persons is
28    dissolved after the adoption is final.
29        (4)  The form of the certificate of acknowledgement for a
30    Final and Irrevocable Consent for  Adoption  by  a  Specified
31    Person or Persons shall be substantially as follows:

32    STATE OF..............)
33                           ) SS.
34    COUNTY OF.............)
 
SB840 Engrossed             -24-               LRB9205122RCcd
 1        I,  .................... (Name of Judge or other person),
 2    ..................... (official title,  name,  and  address),
 3    certify  that ............., personally known to me to be the
 4    same person whose name is subscribed to the  foregoing  Final
 5    and Irrevocable Consent for Adoption by a Specified Person or
 6    Persons,   appeared   before   me  this  day  in  person  and
 7    acknowledged that (she)(he) signed and delivered the  consent
 8    as  (her)(his)  free  and  voluntary  act,  for the specified
 9    purpose.
10        I have fully explained that this consent to  adoption  is
11    valid  only if the petition to adopt is filed within one year
12    from the date that it is signed, and that  if  the  specified
13    person  or  persons, for any reason, cannot or will not adopt
14    the child or if the adoption petition is  denied,  then  this
15    consent  will  be  voidable  after  one  year upon the timely
16    filing of a motion by the parent to  revoke  the  consent.  I
17    explained  that  if this motion is filed before the filing of
18    the petition  for  adoption,  the  court  shall  revoke  this
19    specific  consent  void.   I have fully explained that if the
20    specified person or persons adopt the child, by signing  this
21    consent  this parent (she)(he) is irrevocably and permanently
22    relinquishing all parental rights  to  the  child,  and  this
23    parent (she)(he) has stated that such is (her)(his) intention
24    and desire.
25        Dated (insert date).
26        ...............................
27        Signature
28        (5)  If  a  consent  to adoption by a specified person or
29    persons is executed in this form,  the  following  provisions
30    shall  apply.   The  consent  shall  be  valid  only  if that
31    specified person or persons adopt  the  child.   The  consent
32    shall be voidable after one year void if:
33             (a)  the  specified  person or persons do not file a
34        petition to adopt the child within  one  year  after  the
 
SB840 Engrossed             -25-               LRB9205122RCcd
 1        consent is signed and the parent files a timely motion to
 2        revoke  this consent.  If this motion is filed before the
 3        filing of the  petition  for  adoption  the  court  shall
 4        revoke this consent; or
 5             (b)  a court denies the adoption petition; or
 6             (c)  the  Department of Children and Family Services
 7        Guardianship Administrator determines that the  specified
 8        person  or  persons  will  not  or  cannot  complete  the
 9        adoption,  or  in  the best interests of the child should
10        not adopt the child.
11        Within  30  days  of  the  consent  becoming  void,   the
12    Department  of  Children  and  Family  Services  Guardianship
13    Administrator  shall  make  good faith attempts to notify the
14    parent in writing and shall give written notice to the  court
15    and  all  additional parties in writing that the adoption has
16    not occurred or will not occur and that the consent is  void.
17    If  the  adoption  by  a specified person or persons does not
18    occur, no proceeding for termination of parental rights shall
19    be brought unless the  biological  parent  who  executed  the
20    consent to adoption by a specified person or persons has been
21    notified  of the proceeding pursuant to Section 7 of this Act
22    or subsection (4) of Section 2-13 of the Juvenile  Court  Act
23    of 1987.  The parent shall not need to take further action to
24    revoke  the consent if the specified adoption does not occur,
25    notwithstanding the provisions of Section 11 of this Act.
26        (6)  The Department of Children and  Family  Services  is
27    authorized  to  promulgate  rules necessary to implement this
28    subsection O.
29        (7)  The  Department  shall  collect  and  maintain  data
30    concerning the efficacy  of  specific  consents.   This  data
31    shall  include  the  number of specific consents executed and
32    their outcomes, including but not limited to  the  number  of
33    children  adopted  pursuant  to  the  consents, the number of
34    children for whom adoptions are not completed, and the reason
 
SB840 Engrossed             -26-               LRB9205122RCcd
 1    or reasons why the adoptions are not completed.
 2    (Source: P.A. 90-608, eff.  6-30-98;  90-655,  eff.  7-30-98;
 3    91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)

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