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Public Act 91-0429
HB1164 Enrolled LRB9102474RCks
AN ACT in relation to probation officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probation and Probation Officers Act is
amended by changing Section 10 as follows:
(730 ILCS 110/10) (from Ch. 38, par. 204-2)
Sec. 10. Before entering upon the duties of his or her
office, each probation officer shall take and subscribe to an
oath before the Chief Judge county clerk of his or her
circuit or his or her designee county to support the
constitution and laws of the United States and of the State
of Illinois, and faithfully to perform the duties of his or
her office.
(Source: P.A. 84-692.)
Section 10. The Adoption Act is amended by changing
Section 6 as follows:
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days
after the filing of a petition for the adoption of a child
other than a related child, the court shall appoint a child
welfare agency approved by the Department of Children and
Family Services or a probation officer of the court, or in
Cook County the Court Services Division of the Cook County
Department of Public Aid, or the Department of Children and
Family Services if the court determines that no child welfare
agency is available or that the petitioner is financially
unable to pay for the investigation, to investigate
accurately, fully and promptly, the allegations contained in
the petition; the character, reputation, health and general
standing in the community of the petitioners; the religious
faith of the petitioners and, if ascertainable, of the child
sought to be adopted; and whether the petitioners are proper
persons to adopt the child and whether the child is a proper
subject of adoption. The investigation required under this
Section shall include a criminal background check with a
review of fingerprints by State and federal authorities. The
criminal background check required by this Section shall
include a listing of when, where and by whom the criminal
background check was prepared. The criminal background check
required by this Section shall not be more than two years
old.
Neither a clerk of the circuit court nor a judge may
require that a criminal background check or fingerprint
review be filed with, or at the same time as, an initial
petition for adoption.
B. Investigation; foreign-born child. In the case of a
child born outside the United States or a territory thereof,
in addition to the investigation required under subsection
(A) of this Section, a post-placement investigation shall be
conducted in accordance with the requirements of the Child
Care Act of 1969, the Interstate Compact on the Placement of
Children, and regulations of the foreign placing agency and
the supervising agency.
The requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid final order or
judgment of adoption has been entered by a court of competent
jurisdiction in a country other than the United States or a
territory thereof with respect to such child and the
petitioners.
C. Report of investigation. The court shall determine
whether the costs of the investigation shall be charged to
the petitioners. The information obtained as a result of such
investigation shall be presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court for its
review. The court may, in its discretion, weigh the
significance of the results of the criminal background check
against the entirety of the background of the petitioners.
The Court, in its discretion, may accept the report of the
investigation previously made by a licensed child welfare
agency, if made within one year prior to the entry of the
judgment. Such report shall be treated as confidential and
withheld from inspection unless findings adverse to the
petitioners or to the child sought to be adopted are
contained therein, and in that event the court shall inform
the petitioners of the relevant portions pertaining to the
adverse findings. In no event shall any facts set forth in
the report be considered at the hearing of the proceeding,
unless established by competent evidence. The report shall be
filed with the record of the proceeding. If the file
relating to the proceeding is not impounded, the report shall
be impounded by the clerk of the court and shall be made
available for inspection only upon order of the court.
D. Related adoption. Such investigation shall not be
made when the petition seeks to adopt a related child or an
adult unless the court, in its discretion, shall so order. In
such an event the court may appoint a person deemed competent
by the court.
(Source: P.A. 87-1129; 88-148.)
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