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Public Act 92-0320
SB840 Enrolled LRB9205122RCcd
AN ACT concerning minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-28 as follows:
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him into court and
require him or his agency, to make a full and accurate report
of his or its doings in behalf of the minor. The custodian
or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally
under oath in open court, or otherwise as the court directs.
Upon the hearing of the report the court may remove the
custodian or guardian and appoint another in his stead or
restore the minor to the custody of his parents or former
guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian or legal custodian in
any case in which the minor is found to be neglected or
abused under Section 2-3 or dependent under Section 2-4 of
this Act, unless the minor can be cared for at home without
endangering the minor's health or safety and it is in the
best interests of the minor, and if such neglect, abuse, or
dependency is found by the court under paragraph (1) of
Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue
of the fitness of such parent, guardian or legal custodian to
care for the minor and the court enters an order that such
parent, guardian or legal custodian is fit to care for the
minor.
(2) The first permanency hearing shall be conducted by
the judge. Subsequent permanency hearings may be heard by a
judge or by hearing officers appointed or approved by the
court in the manner set forth in Section 2-28.1 of this Act.
The initial hearing shall be held (a) within 12 months from
the date temporary custody was taken, (b) if the parental
rights of both parents have been terminated in accordance
with the procedure described in subsection (5) of Section
2-21, within 30 days of the order for termination of parental
rights and appointment of a guardian with power to consent to
adoption, or (c) in accordance with subsection (2) of Section
2-13.1. Subsequent permanency hearings shall be held every 6
months or more frequently if necessary in the court's
determination following the initial permanency hearing, in
accordance with the standards set forth in this Section,
until the court determines that the plan and goal have been
achieved. Once the plan and goal have been achieved, if the
minor remains in substitute care, the case shall be reviewed
at least every 6 months thereafter, subject to the provisions
of this Section, unless the minor is placed in the
guardianship of a suitable relative or other person and the
court determines that further monitoring by the court does
not further the health, safety or best interest of the child
and that this is a stable permanent placement. The
permanency hearings must occur within the time frames set
forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the
agency's failure to timely file its written report (this
written report means the one required under the next
paragraph and does not mean the service plan also referred to
in that paragraph).
The public agency that is the custodian or guardian of
the minor, or another agency responsible for the minor's
care, shall ensure that all parties to the permanency
hearings are provided a copy of the most recent service plan
prepared within the prior 6 months at least 14 days in
advance of the hearing. If not contained in the plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or his or her family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description
of the programs and services that will enable the minor to
prepare for independent living. The agency's written report
must detail what progress or lack of progress the parent has
made in correcting the conditions requiring the child to be
in care; whether the child can be returned home without
jeopardizing the child's health, safety, and welfare, and if
not, what permanency goal is recommended to be in the best
interests of the child, and why the other permanency goals
are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not
previously been scheduled by the court, the moving party
shall move for the setting of a permanency hearing and the
entry of an order within the time frames set forth in this
subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific
date within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made
reasonable efforts or reasonable progress to date, the
court shall identify what actions the parent and the
Department must take in order to justify a finding of
reasonable efforts or reasonable progress and shall set a
status hearing to be held not earlier than 9 months from
the date of adjudication nor later than 11 months from
the date of adjudication during which the parent's
progress will again be reviewed.
(C) The minor will be in substitute care pending
court determination on termination of parental rights.
(D) Adoption, provided that parental rights have
been terminated or relinquished.
(E) The guardianship of the minor will be
transferred to an individual or couple on a permanent
basis provided that goals (A) through (D) have been ruled
out.
(F) The minor over age 15 12 will be in substitute
care pending independence.
(G) The minor will be in substitute care because he
or she cannot be provided for in a home environment due
to developmental disabilities or mental illness or
because he or she is a danger to self or others, provided
that goals (A) through (D) have been ruled out.
In selecting any permanency goal, the court shall
indicate in writing the reasons the goal was selected and why
the preceding goals were ruled out. Where the court has
selected a permanency goal other than (A), (B), or (B-1), the
Department of Children and Family Services shall not provide
further reunification services, but shall provide services
consistent with the goal selected.
The court shall set a permanency goal that is in the best
interest of the child. The court's determination shall
include the following factors:
(1) Age of the child.
(2) Options available for permanence.
(3) Current placement of the child and the intent
of the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and
whether or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal
contained in the service plan, (ii) the appropriateness of
the services contained in the plan and whether those services
have been provided, (iii) whether reasonable efforts have
been made by all the parties to the service plan to achieve
the goal, and (iv) whether the plan and goal have been
achieved. All evidence relevant to determining these
questions, including oral and written reports, may be
admitted and may be relied on to the extent of their
probative value.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal
custody and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of
the date of the order. The court shall continue the matter
until the new service plan is filed. Unless otherwise
specifically authorized by law, the court is not empowered
under this subsection (2) or under subsection (3) to order
specific placements, specific services, or specific service
providers to be included in the plan.
A guardian or custodian appointed by the court pursuant
to this Act shall file updated case plans with the court
every 6 months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for
relief by mandamus filed in any proceedings brought under
this Act.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section and sets forth
the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination;
or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the
court and by any service plan prepared within the
prior 6 months have been provided and (A) if so,
whether the services were reasonably calculated to
facilitate the achievement of the permanency goal or
(B) if not provided, why the services were not
provided.
(iii) Whether the minor's placement is
necessary, and appropriate to the plan and goal,
recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest and special
needs of the minor and, if the minor is placed
out-of-State, whether the out-of-State placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(iv) (Blank).
(v) (Blank).
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his
parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current
foster parent or relative caregiver seeking private
guardianship may file a motion for private guardianship
of the minor. Appointment of a guardian under this
Section requires approval of the court.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this Act, unless the minor can
be cared for at home without endangering his or her health or
safety and it is in the best interest of the minor, and if
such neglect, abuse, or dependency is found by the court
under paragraph (1) of Section 2-21 of this Act to have come
about due to the acts or omissions or both of such parent,
guardian or legal custodian, until such time as an
investigation is made as provided in paragraph (5) and a
hearing is held on the issue of the health, safety and best
interest of the minor and the fitness of such parent,
guardian or legal custodian to care for the minor and the
court enters an order that such parent, guardian or legal
custodian is fit to care for the minor. In the event that
the minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his
guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without
his consent until given notice and an opportunity to be heard
by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also
enter an order of protective supervision in accordance with
Section 2-24.
(5) Whenever a parent, guardian, or legal custodian
files a motion for restoration of custody of the minor, and
the minor was adjudicated neglected, abused, or dependent as
a result of physical abuse, the court shall cause to be made
an investigation as to whether the movant has ever been
charged with or convicted of any criminal offense which would
indicate the likelihood of any further physical abuse to the
minor. Evidence of such criminal convictions shall be taken
into account in determining whether the minor can be cared
for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall co-operate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation
and any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of
this Act.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-87,
eff. 9-1-97; 90-590, eff. 1-1-99; 90-608, eff. 6-30-98;
90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
Section 10. The Adoption Act is amended by changing
Section 10 as follows:
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.
A. The form of consent required for the adoption of a
born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child.
That I wish to and understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such
child. That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
.........................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child, and that I have not previously executed a consent
or surrender with respect to such child.
That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written
notice of my revocation not later than 72 hours after the
birth of the child.
That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind
and revoke or cancel this consent or obtain or recover
custody or any other rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
........................
B-5. (1) The parent of a child may execute a consent to
standby adoption by a specified person or persons. A consent
under this subsection B-5 shall be acknowledged by a parent
pursuant to subsection H and subsection K of this Section.
The form of consent required for the standby adoption of a
born child effective at a future date when the terminally ill
parent of the child dies or requests that a final judgment of
adoption be entered shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
I, ..., (relationship, e.g. mother or father) of ...., a
..male child, state:
That the child was born on .... at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me in this action only.
That I do hereby consent and agree to the standby
adoption of the child, and that I have not previously
executed a consent or surrender with respect to the child.
That (I am terminally ill) (the child's other parent is
terminally ill).
That I wish to and understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to the child, effective upon
(my death) (the child's other parent's death) or upon (my)
(the terminally ill parent's) request for the entry of a
final judgment for adoption if ..... (specified person or
persons) adopt my child.
That I understand that until (I die) (the child's other
parent dies), I retain all legal rights and obligations
concerning the child, but at that time, I irrevocably give
all custody and other parental rights to .... (specified
person or persons).
I understand my child will be adopted by .......
(specified person or persons) only and that I cannot, under
any circumstances, after signing this document, change my
mind and revoke or cancel this consent or obtain or recover
custody or any other rights over my child if ..... (specified
person or persons) adopt my child.
I understand that this consent to standby adoption is
valid only if the petition for standby adoption is filed and
that if ....... (specified person or persons), for any
reason, cannot or will not file a petition for standby
adoption or if his, her, or their petition for standby
adoption is denied, then this consent is void. I have the
right to notice of any other proceeding that could affect my
parental rights.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
....................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent. A separate consent shall be executed for each
child.
(2) If the parent consents to a standby adoption by 2
specified persons, then the form shall contain 2 additional
paragraphs in substantially the following form:
If .... (specified persons) obtain a judgment of
dissolution of marriage before the judgment for adoption is
entered, then ..... (specified person) shall adopt my child.
I understand that I cannot change my mind and revoke this
consent or obtain or recover custody of my child if .....
(specified persons) obtain a judgment of dissolution of
marriage and ..... (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent if ...... (specified persons) obtain a judgment of
dissolution of marriage before the adoption is final. I
understand that this consent to adoption has no effect on who
will get custody of my child if ..... (specified persons)
obtain a judgment of dissolution of marriage after the
adoption is final. I understand that if either .....
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person may adopt my
child. I understand that I cannot change my mind and revoke
this consent or obtain or recover custody of my child if the
surviving person adopts my child.
A consent to standby adoption by specified persons on
this form shall have no effect on a court's determination of
custody or visitation under the Illinois Marriage and
Dissolution of Marriage Act if the marriage of the specified
persons is dissolved before the adoption is final.
(3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Standby Adoption shall be
substantially as follows:
STATE OF .....)
) SS.
COUNTY OF ....)
I, ....... (name of Judge or other person) .....
(official title, name, and address), certify that .......,
personally known to me to be the same person whose name is
subscribed to the foregoing Final and Irrevocable Consent to
Standby Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and delivered the consent
as (her) (his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed, and that if the
specified person or persons, for any reason, cannot or will
not adopt the child or if the adoption petition is denied,
then this consent will be void. I have fully explained that
if the specified person or persons adopt the child, by
signing this consent (she) (he) is irrevocably and
permanently relinquishing all parental rights to the child,
and (she) (he) has stated that such is (her) (his) intention
and desire.
Dated (insert date).
Signature..............................
(4) If a consent to standby adoption is executed in this
form, the consent shall be valid only if the specified person
or persons adopt the child. The consent shall be void if:
(a) the specified person or persons do not file a
petition for standby adoption of the child; or
(b) a court denies the standby adoption petition.
The parent shall not need to take further action to
revoke the consent if the standby adoption by the specified
person or persons does not occur, notwithstanding the
provisions of Section 11 of this Act.
C. The form of surrender to any agency given by a parent
of a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such
other facts and statements as the particular agency shall
require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
........................
D. The form of surrender to an agency given by a parent
of an unborn child who is to be subsequently placed for
adoption shall be substantially as follows and shall contain
such other facts and statements as the particular agency
shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child, and that I have
not previously executed a consent or surrender with respect
to such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment, including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child, except that I have the right to
revoke this surrender by giving written notice of my
revocation not later than 72 hours after the birth of such
child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of
such adult by .... and .....
Dated (insert date).
.........................
F. The form of consent required for the adoption of a
child of the age of 14 years or upwards, or of an adult, to
be given by such person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and agree
to my adoption by .... and .....
Dated (insert date).
........................
G. The form of consent given by an agency to the
adoption by specified persons of a child previously
surrendered to it shall set forth that the agency has the
authority to execute such consent. The form of consent given
by a guardian of the person of a child sought to be adopted,
appointed by a court of competent jurisdiction, shall set
forth the facts of such appointment and the authority of the
guardian to execute such consent.
H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted
appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before the presiding judge of the
court in which the petition for adoption has been, or is to
be filed or before any other judge or hearing officer
designated or subsequently approved by the court, or the
circuit clerk if so authorized by the presiding judge or,
except as otherwise provided in this Act, before a
representative of the Department of Children and Family
Services or a licensed child welfare agency, or before social
service personnel under the jurisdiction of a court of
competent jurisdiction, or before social service personnel of
the Cook County Department of Supportive Services designated
by the presiding judge.
I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or
other document, before a judge or hearing officer or the
clerk of any court of record, either in this State or any
other state of the United States, or before a representative
of an agency or before any other person designated or
approved by the presiding judge of the court in which the
petition for adoption has been, or is to be, filed.
J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire.
Dated (insert date).
Signature ...............
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk
of a court of record, such other person shall have his
signature on the certificate acknowledged before a notary
public, in form substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in
the State of ......, certify that ...., personally known to
me to be the same person whose name is subscribed to the
foregoing certificate of acknowledgment, appeared before me
in person and acknowledged that (she) (he) signed such
certificate as (her) (his) free and voluntary act and that
the statements made in the certificate are true.
Dated (insert date).
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and
acknowledged in another state.
L. A surrender or consent executed and acknowledged
outside of this State, either in accordance with the law of
this State or in accordance with the law of the place where
executed, is valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged
or affirmed in a manner conformable to the law and procedure
of such country.
N. If the person signing a consent or surrender is in
the military service of the United States, the execution of
such consent or surrender may be acknowledged before a
commissioned officer and the signature of such officer on
such certificate shall be verified or acknowledged before a
notary public or by such other procedure as is then in effect
for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose
interests a petition under Section 2-13 of the Juvenile Court
Act of 1987 is pending may, with the approval of the
designated representative of the Department of Children and
Family Services, execute a consent to adoption by a specified
person or persons:
(a) in whose physical custody the child has resided
for at least 6 months one year; or
(b) in whose physical custody at least one sibling
of the child who is the subject of this consent has
resided for at least 6 months one year, and the child who
is the subject of this consent is currently residing in
this foster home; or
(c) in whose physical custody a child under one
year of age has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
(2) The consent to adoption by a specified person or
persons shall have the caption of the proceeding in which it
is to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the
.................. (mother or father) of a ....male child,
state:
1. My child ............................ (name of
child) was born on (insert date) at ....................
Hospital in ................ County, State of
...............
2. I reside at ......................, County of
............. and State of ..............
3. I, ..........................., am .... years
old.
4. I enter my appearance in this action to adopt my
child by the person or persons specified herein by me and
waive service of summons on me in this action only.
5. I consent to the adoption of my child by
............................. (specified person or
persons) only.
6. I wish to sign this consent and I understand
that by signing this consent I irrevocably and
permanently give up all parental rights I have to my
child if my child is adopted by
............................. (specified person or
persons).
7. I understand my child will be adopted by
............................. (specified person or
persons) only and that I cannot under any circumstances,
after signing this document, change my mind and revoke or
cancel this consent or obtain or recover custody or any
other rights over my child if
............................ (specified person or
persons) adopt my child.
8. I understand that this consent to adoption is
valid only if the petition to adopt is filed within one
year from the date that I sign it and that if
....................... (specified person or persons),
for any reason, cannot or will not file a petition to
adopt my child within that one year period or if their
adoption petition is denied, then this consent will be
voidable after one year upon the timely filing of my
motion. If I file this motion before the filing of the
petition for adoption, I understand that the court shall
revoke this specific consent void. I have the right to
notice of any other proceeding that could affect my
parental rights, except for the proceeding for
............. (specified person or persons) to adopt my
child.
9. I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs
in substantially the following form:
10. If ............... (specified persons) get a
divorce before the petition to adopt my child is granted,
then .......... (specified person) shall adopt my child.
I understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
............. (specified persons) divorce and
............. (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
................. (specified persons) divorce after the
adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my
child if they divorce after the adoption is final.
11. I understand that if either ...............
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person can adopt my
child. I understand that I cannot change my mind and
revoke this consent or obtain or recover custody over my
child if the surviving person adopts my child.
A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
(4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons shall be substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final
and Irrevocable Consent for Adoption by a Specified Person or
Persons, appeared before me this day in person and
acknowledged that (she)(he) signed and delivered the consent
as (her)(his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt
the child or if the adoption petition is denied, then this
consent will be voidable after one year upon the timely
filing of a motion by the parent to revoke the consent. I
explained that if this motion is filed before the filing of
the petition for adoption, the court shall revoke this
specific consent void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent this parent (she)(he) is irrevocably and permanently
relinquishing all parental rights to the child, and this
parent (she)(he) has stated that such is (her)(his) intention
and desire.
Dated (insert date).
...............................
Signature
(5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only if that
specified person or persons adopt the child. The consent
shall be voidable after one year void if:
(a) the specified person or persons do not file a
petition to adopt the child within one year after the
consent is signed and the parent files a timely motion to
revoke this consent. If this motion is filed before the
filing of the petition for adoption the court shall
revoke this consent; or
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
Guardianship Administrator determines that the specified
person or persons will not or cannot complete the
adoption, or in the best interests of the child should
not adopt the child.
Within 30 days of the consent becoming void, the
Department of Children and Family Services Guardianship
Administrator shall make good faith attempts to notify the
parent in writing and shall give written notice to the court
and all additional parties in writing that the adoption has
not occurred or will not occur and that the consent is void.
If the adoption by a specified person or persons does not
occur, no proceeding for termination of parental rights shall
be brought unless the biological parent who executed the
consent to adoption by a specified person or persons has been
notified of the proceeding pursuant to Section 7 of this Act
or subsection (4) of Section 2-13 of the Juvenile Court Act
of 1987. The parent shall not need to take further action to
revoke the consent if the specified adoption does not occur,
notwithstanding the provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
(7) The Department shall collect and maintain data
concerning the efficacy of specific consents. This data
shall include the number of specific consents executed and
their outcomes, including but not limited to the number of
children adopted pursuant to the consents, the number of
children for whom adoptions are not completed, and the reason
or reasons why the adoptions are not completed.
(Source: P.A. 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
91-357, eff. 7-29-99; 91-572, eff. 1-1-00.)
Passed in the General Assembly May 17, 2001.
Approved August 09, 2001.
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