Illinois 99th Regular Session Status: Enacted

HB 3079 — INTERCOUNTRY ADOPTION:RE-ADOPT

Last action — Public Act . . . . . . . . . 99-0049

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2015. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    0 primary, 5 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Adoption Act. Provides for the re-adoption and confirmation of the foreign adoption decree of a child adopted in a foreign country. Provides documentation and procedural requirements. Adds provisions governing adoption by married parents, parents who subsequently divorce and re-marry, and parents who have entered into a civil union. Makes corresponding changes.

Bill Text

What changed in the latest version

47 added · 45 removed

Plain-language change summary

The latest version of HB 3079 adds several lines of text to clarify certain provisions of the bill while removing previous language that may have caused confusion. This change matters because it helps ensure that the intentions behind the legislation are clearer, potentially making it easier for those affected to understand their rights and responsibilities under the law. By simplifying the language, lawmakers aim to improve the bill's effectiveness and avoid misinterpretations.

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HB3079 Engrossed LRB099 08115 HEP 28264 b AN ACT concerning civil law.
HB3079 Enrolled LRB099 08115 HEP 28264 b AN ACT concerning civil law.
HB3079 Engrossed - 2 - LRB099 08115 HEP 28264 b (225 ILCS 10/2.33 new) Sec.
HB3079 Enrolled - 2 - LRB099 08115 HEP 28264 b (225 ILCS 10/2.33 new) Sec.
parent, grand-parent, HB3079 Engrossed - 3 - LRB099 08115 HEP 28264 b great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin.
parent, grand-parent, HB3079 Enrolled - 3 - LRB099 08115 HEP 28264 b great-grandparent, brother, sister, step-parent, step-grandparent, step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, first cousin, or second cousin.
The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person HB3079 Engrossed - 4 - LRB099 08115 HEP 28264 b for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:
The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person HB3079 Enrolled - 4 - LRB099 08115 HEP 28264 b for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:
(1) Two or more findings of physical abuse have been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing HB3079 Engrossed - 5 - LRB099 08115 HEP 28264 b evidence;
(1) Two or more findings of physical abuse have been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of which was determined by the juvenile court hearing the matter to be supported by clear and convincing HB3079 Enrolled - 5 - LRB099 08115 HEP 28264 b evidence;
Conviction of any one of the following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing HB3079 Engrossed - 6 - LRB099 08115 HEP 28264 b evidence:
Conviction of any one of the following crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing HB3079 Enrolled - 6 - LRB099 08115 HEP 28264 b evidence:
and at least one of these HB3079 Engrossed - 7 - LRB099 08115 HEP 28264 b convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights.
and at least one of these HB3079 Enrolled - 7 - LRB099 08115 HEP 28264 b convictions took place within 5 years of the filing of the petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was HB3079 Engrossed - 8 - LRB099 08115 HEP 28264 b not the result of medical treatment administered to the mother or the newborn infant;
There is a rebuttable presumption that a parent is unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was HB3079 Enrolled - 8 - LRB099 08115 HEP 28264 b not the result of medical treatment administered to the mother or the newborn infant;
If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the HB3079 Engrossed - 9 - LRB099 08115 HEP 28264 b parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the HB3079 Enrolled - 9 - LRB099 08115 HEP 28264 b parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
The HB3079 Engrossed - 10 - LRB099 08115 HEP 28264 b 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts were not made.
The HB3079 Enrolled - 10 - LRB099 08115 HEP 28264 b 15 month time limit is tolled during any period for which there is a court finding that the appointed custodian or guardian failed to make reasonable efforts to reunify the child with his or her family, provided that (i) the finding of no reasonable efforts is made within 60 days of the period when reasonable efforts were not made or (ii) the parent filed a motion requesting a finding of no reasonable efforts within 60 days of the period when reasonable efforts were not made.
(i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to HB3079 Engrossed - 11 - LRB099 08115 HEP 28264 b establish his paternity under the Illinois Parentage Act of 1984 or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents;
(i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to HB3079 Enrolled - 11 - LRB099 08115 HEP 28264 b establish his paternity under the Illinois Parentage Act of 1984 or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents;
In making this HB3079 Engrossed - 12 - LRB099 08115 HEP 28264 b determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n).
In making this HB3079 Enrolled - 12 - LRB099 08115 HEP 28264 b determination, the court may consider but shall not require a showing of diligent efforts by an authorized agency to encourage the parent to perform the acts specified in subdivision (n).
However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental HB3079 Engrossed - 13 - LRB099 08115 HEP 28264 b impairment.
However, this subdivision (p) shall not be construed so as to permit a licensed clinical social worker to conduct any medical diagnosis to determine mental illness or mental HB3079 Enrolled - 13 - LRB099 08115 HEP 28264 b impairment.
(t) A finding that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or HB3079 Engrossed - 14 - LRB099 08115 HEP 28264 b metabolites of such substances, the presence of which in the newborn infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation program.
(t) A finding that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or HB3079 Enrolled - 14 - LRB099 08115 HEP 28264 b metabolites of such substances, the presence of which in the newborn infant was the result of medical treatment administered to the mother or the newborn infant, and that the biological mother of this child is the biological mother of at least one other child who was adjudicated a neglected minor under subsection (c) of Section 2-3 of the Juvenile Court Act of 1987, after which the biological mother had the opportunity to enroll in and participate in a clinically appropriate substance abuse counseling, treatment, and rehabilitation program.
HB3079 Engrossed - 15 - LRB099 08115 HEP 28264 b (a) a child who has been surrendered for adoption to an agency and to whose adoption the agency has thereafter consented;
HB3079 Enrolled - 15 - LRB099 08115 HEP 28264 b (a) a child who has been surrendered for adoption to an agency and to whose adoption the agency has thereafter consented;
"Habitual residence" has the meaning ascribed to it in HB3079 Engrossed - 16 - LRB099 08115 HEP 28264 b the federal Intercountry Adoption Act of 2000 and regulations promulgated thereunder.
"Habitual residence" has the meaning ascribed to it in HB3079 Enrolled - 16 - LRB099 08115 HEP 28264 b the federal Intercountry Adoption Act of 2000 and regulations promulgated thereunder.
"Abused child" means a child whose parent or immediate HB3079 Engrossed - 17 - LRB099 08115 HEP 28264 b family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:
"Abused child" means a child whose parent or immediate HB3079 Enrolled - 17 - LRB099 08115 HEP 28264 b family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:
"Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or HB3079 Engrossed - 18 - LRB099 08115 HEP 28264 b otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter;
"Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or HB3079 Enrolled - 18 - LRB099 08115 HEP 28264 b otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter;
"Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined HB3079 Engrossed - 19 - LRB099 08115 HEP 28264 b under Article 11 of the Criminal Code of 2012.
"Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined HB3079 Enrolled - 19 - LRB099 08115 HEP 28264 b under Article 11 of the Criminal Code of 2012.
HB3079 Engrossed - 20 - LRB099 08115 HEP 28264 b X.
HB3079 Enrolled - 20 - LRB099 08115 HEP 28264 b X.
"Legal mother" of a child means a woman who is HB3079 Engrossed - 21 - LRB099 08115 HEP 28264 b recognized as or presumed to be that child's mother:
"Legal mother" of a child means a woman who is HB3079 Enrolled - 21 - LRB099 08115 HEP 28264 b recognized as or presumed to be that child's mother:
"Secondary placement" means a placement, including but HB3079 Engrossed - 22 - LRB099 08115 HEP 28264 b not limited to the placement of a ward of the Department, that occurs after a placement disruption or an adoption dissolution.
"Secondary placement" means a placement, including but HB3079 Enrolled - 22 - LRB099 08115 HEP 28264 b not limited to the placement of a ward of the Department, that occurs after a placement disruption or an adoption dissolution.
Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the HB3079 Engrossed - 23 - LRB099 08115 HEP 28264 b State of Illinois for 90 days, may institute such proceeding:
Any of the following persons, who is under no legal disability (except the minority specified in sub-paragraph (b)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the commencement of an adoption proceeding, or any member of the armed forces of the United States who has been domiciled in the HB3079 Enrolled - 23 - LRB099 08115 HEP 28264 b State of Illinois for 90 days, may institute such proceeding:
1506) HB3079 Engrossed - 24 - LRB099 08115 HEP 28264 b Sec.
1506) HB3079 Enrolled - 24 - LRB099 08115 HEP 28264 b Sec.
If no license or authorization is issued, the agency must provide a reference statement, from the approving authority, stating that the agency is authorized to place children in foster care or adoption or both in its HB3079 Engrossed - 25 - LRB099 08115 HEP 28264 b jurisdiction.
If no license or authorization is issued, the agency must provide a reference statement, from the approving authority, stating that the agency is authorized to place children in foster care or adoption or both in its HB3079 Enrolled - 25 - LRB099 08115 HEP 28264 b jurisdiction.
(2) If an adoption is finalized prior to bringing or HB3079 Engrossed - 26 - LRB099 08115 HEP 28264 b sending a child to this State, compliance with the Interstate Compact on the Placement of Children is not required.
(2) If an adoption is finalized prior to bringing or HB3079 Enrolled - 26 - LRB099 08115 HEP 28264 b sending a child to this State, compliance with the Interstate Compact on the Placement of Children is not required.
(3) In the case of an intercountry adoption of a child by an Illinois resident, the Department shall promulgate rules concerning preadoption requirements, which shall include, but not be limited to, requirements relating to HB3079 Engrossed - 27 - LRB099 08115 HEP 28264 b home studies conducted by licensed child welfare agencies and requirements relating to supporting documentation concerning the prospective adoptive parent's suitability to adopt a child.
(3) In the case of an intercountry adoption of a child by an Illinois resident, the Department shall promulgate rules concerning preadoption requirements, which shall include, but not be limited to, requirements relating to HB3079 Enrolled - 27 - LRB099 08115 HEP 28264 b home studies conducted by licensed child welfare agencies and requirements relating to supporting documentation concerning the prospective adoptive parent's suitability to adopt a child.
If, upon receipt of the home study, the Intercountry Adoption Coordinator determines HB3079 Engrossed - 28 - LRB099 08115 HEP 28264 b that more information is required before any determination can be made with respect to compliance with the preadoption requirements, the Intercountry Adoption Coordinator shall, within 7 days of receipt of the home study, provide notice describing the additional information, via facsimile or through electronic communication, to the licensed child welfare agency and the adoptive parent.
If, upon receipt of the home study, the Intercountry Adoption Coordinator determines HB3079 Enrolled - 28 - LRB099 08115 HEP 28264 b that more information is required before any determination can be made with respect to compliance with the preadoption requirements, the Intercountry Adoption Coordinator shall, within 7 days of receipt of the home study, provide notice describing the additional information, via facsimile or through electronic communication, to the licensed child welfare agency and the adoptive parent.
(i) The review by the Director shall include, but HB3079 Engrossed - 29 - LRB099 08115 HEP 28264 b is not limited to, a review of documentation submitted by the prospective adoptive parent and, if requested by the prospective adoptive parent, a telephone conference or a mutually convenient in-person meeting with the Director, or the Director's designated representative, to allow the prospective adoptive parent to present the facts and circumstances supporting the request for the endorsement letter.
(i) The review by the Director shall include, but HB3079 Enrolled - 29 - LRB099 08115 HEP 28264 b is not limited to, a review of documentation submitted by the prospective adoptive parent and, if requested by the prospective adoptive parent, a telephone conference or a mutually convenient in-person meeting with the Director, or the Director's designated representative, to allow the prospective adoptive parent to present the facts and circumstances supporting the request for the endorsement letter.
(8) The Department of Children and Family Services HB3079 Engrossed - 30 - LRB099 08115 HEP 28264 b shall provide a report to the General Assembly, on an annual basis for the preceding year, beginning on September 1 of each year after the effective date of this amendatory Act of the 98th General Assembly.
(8) The Department of Children and Family Services HB3079 Enrolled - 30 - LRB099 08115 HEP 28264 b shall provide a report to the General Assembly, on an annual basis for the preceding year, beginning on September 1 of each year after the effective date of this amendatory Act of the 98th General Assembly.
(1) Any time after a minor child has been adopted in a foreign country and has immigrated to the United States, the adoptive parent or parents of the child may petition the court for a judgment of adoption to re-adopt the child HB3079 Engrossed - 31 - LRB099 08115 HEP 28264 b and confirm the foreign adoption decree.
(1) Any time after a minor child has been adopted in a foreign country and has immigrated to the United States, the adoptive parent or parents of the child may petition the court for a judgment of adoption to re-adopt the child HB3079 Enrolled - 31 - LRB099 08115 HEP 28264 b and confirm the foreign adoption decree.
(4) If the petitioner submits documentation that satisfies the requirements of paragraph (2), the court shall not appoint a guardian ad litem for the minor who is the subject of the proceeding, shall not require any further termination of parental rights of the child's biological parents, nor shall it require any home study, investigation, post-placement visit, or background check HB3079 Engrossed - 32 - LRB099 08115 HEP 28264 b of the petitioner.
(4) If the petitioner submits documentation that satisfies the requirements of paragraph (2), the court shall not appoint a guardian ad litem for the minor who is the subject of the proceeding, shall not require any further termination of parental rights of the child's biological parents, nor shall it require any home study, investigation, post-placement visit, or background check HB3079 Enrolled - 32 - LRB099 08115 HEP 28264 b of the petitioner.
(7) An adoptive parent who adopted a minor child in a HB3079 Engrossed - 33 - LRB099 08115 HEP 28264 b foreign country as an unmarried person may file a petition for adoption to re-adopt the child as a sole petitioner, even if the adoptive parent has subsequently married or entered into a civil union.
(7) An adoptive parent who adopted a minor child in a HB3079 Enrolled - 33 - LRB099 08115 HEP 28264 b foreign country as an unmarried person may file a petition for adoption to re-adopt the child as a sole petitioner, even if the adoptive parent has subsequently married or entered into a civil union.
In the case of a child born outside the United States or a territory thereof, if the prospective adoptive parents of such child have been appointed guardians of such child by a court of competent jurisdiction in a country other than the United States or a territory thereof, such parents shall file a petition as provided in this Section HB3079 Engrossed - 34 - LRB099 08115 HEP 28264 b within 30 days after entry of the child into the United States.
In the case of a child born outside the United States or a territory thereof, if the prospective adoptive parents of such child have been appointed guardians of such child by a court of competent jurisdiction in a country other than the United States or a territory thereof, such parents shall file a petition as provided in this Section HB3079 Enrolled - 34 - LRB099 08115 HEP 28264 b within 30 days after entry of the child into the United States.
The names and addresses of the parents shall be omitted and they shall not be made parties defendant to the petition if (1) the rights of the parents have been terminated by a court of competent jurisdiction, or (2) the child has been HB3079 Engrossed - 35 - LRB099 08115 HEP 28264 b surrendered to an agency, or (3) the parent or parents have been served with the notice provided in Section 12a of this Act and said parent or parents have filed a disclaimer of paternity as therein provided or have failed to file such declaration of paternity or a request for notice as provided in said Section, or (4) the parent is a putative father or legal father of the child who has waived his parental rights by signing a waiver as provided in subsection S of Section 10;
The names and addresses of the parents shall be omitted and they shall not be made parties defendant to the petition if (1) the rights of the parents have been terminated by a court of competent jurisdiction, or (2) the child has been HB3079 Enrolled - 35 - LRB099 08115 HEP 28264 b surrendered to an agency, or (3) the parent or parents have been served with the notice provided in Section 12a of this Act and said parent or parents have filed a disclaimer of paternity as therein provided or have failed to file such declaration of paternity or a request for notice as provided in said Section, or (4) the parent is a putative father or legal father of the child who has waived his parental rights by signing a waiver as provided in subsection S of Section 10;
HB3079 Engrossed - 36 - LRB099 08115 HEP 28264 b (k) Whatever orders, judgments or decrees have heretofore been entered by any court affecting (1) adoption or custody of the child, or (2) the adoptive, custodial or parental rights of either petitioner, including the prior denial of any petition for adoption pertaining to such child, or to the petitioners, or either of them.
HB3079 Enrolled - 36 - LRB099 08115 HEP 28264 b (k) Whatever orders, judgments or decrees have heretofore been entered by any court affecting (1) adoption or custody of the child, or (2) the adoptive, custodial or parental rights of either petitioner, including the prior denial of any petition for adoption pertaining to such child, or to the petitioners, or either of them.
A petition for standby adoption shall include the information in HB3079 Engrossed - 37 - LRB099 08115 HEP 28264 b paragraph C if the petitioner seeks to adopt a related child or adult.
A petition for standby adoption shall include the information in HB3079 Enrolled - 37 - LRB099 08115 HEP 28264 b paragraph C if the petitioner seeks to adopt a related child or adult.
HB3079 Engrossed - 38 - LRB099 08115 HEP 28264 b (a) The court shall appoint some licensed attorney other than the State's attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted.
HB3079 Enrolled - 38 - LRB099 08115 HEP 28264 b (a) The court shall appoint some licensed attorney other than the State's attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted.
(d) If it is proved to the satisfaction of the court, after such investigation as the court deems necessary, that termination of parental rights and temporary commitment of the child to an agency or to a person deemed competent by the court, including petitioners, will be for the welfare of the child, the court may order the child to be so HB3079 Engrossed - 39 - LRB099 08115 HEP 28264 b committed and may terminate the parental rights of the parents and declare the child a ward of the court or, if it is not so proved, the court may enter such other order as it shall deem necessary and advisable.
(d) If it is proved to the satisfaction of the court, after such investigation as the court deems necessary, that termination of parental rights and temporary commitment of the child to an agency or to a person deemed competent by the court, including petitioners, will be for the welfare of the child, the court may order the child to be so HB3079 Enrolled - 39 - LRB099 08115 HEP 28264 b committed and may terminate the parental rights of the parents and declare the child a ward of the court or, if it is not so proved, the court may enter such other order as it shall deem necessary and advisable.
Upon making a finding that there is an immediate danger to the child if service of process is had upon and notice of hearing is given to the parent or parents or legal guardian prior to the entry of an order granting temporary custody to someone other HB3079 Engrossed - 40 - LRB099 08115 HEP 28264 b than a parent or legal guardian, the court may enter an order of temporary custody which shall expire not more than 10 days after its entry.
Upon making a finding that there is an immediate danger to the child if service of process is had upon and notice of hearing is given to the parent or parents or legal guardian prior to the entry of an order granting temporary custody to someone other HB3079 Enrolled - 40 - LRB099 08115 HEP 28264 b than a parent or legal guardian, the court may enter an order of temporary custody which shall expire not more than 10 days after its entry.
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(a) The court shall appoint a licensed attorney other HB3079 Engrossed - 41 - LRB099 08115 HEP 28264 b than the State's Attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted.
(a) The court shall appoint a licensed attorney other HB3079 Enrolled - 41 - LRB099 08115 HEP 28264 b than the State's Attorney acting in his or her official capacity as guardian ad litem to represent a child sought to be adopted.
(a) It is the public policy of this State to find HB3079 Engrossed - 42 - LRB099 08115 HEP 28264 b permanency for children through adoption and to prevent placement disruption, adoption dissolution, and secondary placement.
(a) It is the public policy of this State to find HB3079 Enrolled - 42 - LRB099 08115 HEP 28264 b permanency for children through adoption and to prevent placement disruption, adoption dissolution, and secondary placement.
(d) Every licensed child welfare agency, every entity approved under Section 4.1 of this Act, and any entity HB3079 Engrossed - 43 - LRB099 08115 HEP 28264 b providing adoption support services in the Illinois courts shall provide the Department's website address and link to the Department's post-placement and post-adoption services information set forth in subsection (c) of this Section, including the Department's toll-free number, to every adoptive parent with whom they work in Illinois.
(d) Every licensed child welfare agency, every entity approved under Section 4.1 of this Act, and any entity HB3079 Enrolled - 43 - LRB099 08115 HEP 28264 b providing adoption support services in the Illinois courts shall provide the Department's website address and link to the Department's post-placement and post-adoption services information set forth in subsection (c) of this Section, including the Department's toll-free number, to every adoptive parent with whom they work in Illinois.
and HB3079 Engrossed - 44 - LRB099 08115 HEP 28264 b (4) the number of placement disruptions, adoption dissolutions, unregulated placements, and secondary placements, and for each one:
and HB3079 Enrolled - 44 - LRB099 08115 HEP 28264 b (4) the number of placement disruptions, adoption dissolutions, unregulated placements, and secondary placements, and for each one:
and (G) if a licensed child welfare agency or any approved out of State placing entity participated in the initial placement, and, if applicable, the name of HB3079 Engrossed - 45 - LRB099 08115 HEP 28264 b the agency or approved out of State placing entity.
and (G) if a licensed child welfare agency or any approved out of State placing entity participated in the initial placement, and, if applicable, the name of HB3079 Enrolled - 45 - LRB099 08115 HEP 28264 b the agency or approved out of State placing entity.
Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 99-0049

  2. Effective Date July 15, 2015

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Added as Alternate Co-Sponsor Sen. John G. Mulroe

  7. House Concurs

  8. Senate Committee Amendment No. 1 House Concurs 112-000-000

  9. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-000-000

  10. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  11. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Keith P. Sommer

  12. Added Co-Sponsor Rep. Linda Chapa LaVia

  13. Added Co-Sponsor Rep. Carol Sente

  14. Added Co-Sponsor Rep. Carol Ammons

  15. Added Co-Sponsor Rep. Jack D. Franks

  16. Added Chief Co-Sponsor Rep. Anna Moeller

  17. Added Chief Co-Sponsor Rep. Ann M. Williams

  18. Added Chief Co-Sponsor Rep. Barbara Wheeler

  19. Added Chief Co-Sponsor Rep. Sara Feigenholtz

  20. Removed Co-Sponsor Rep. Anna Moeller

  21. Removed Co-Sponsor Rep. Barbara Wheeler

  22. Removed Co-Sponsor Rep. Ann M. Williams

  23. Removed Co-Sponsor Rep. Sara Feigenholtz

  24. Remove Chief Co-Sponsor Rep. Linda Chapa LaVia

  25. Remove Chief Co-Sponsor Rep. Carol Sente

  26. Remove Chief Co-Sponsor Rep. Carol Ammons

  27. Remove Chief Co-Sponsor Rep. Jack D. Franks

  28. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  29. Arrived in House

  30. Third Reading - Passed; 055-000-000

  31. Placed on Calendar Order of 3rd Reading May 19, 2015

  32. Second Reading

  33. Placed on Calendar Order of 2nd Reading May 7, 2015

  34. Do Pass as Amended Judiciary; 011-000-000

  35. Senate Committee Amendment No. 1 Adopted

  36. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  37. Added as Alternate Co-Sponsor Sen. Michael Connelly

  38. Added as Alternate Co-Sponsor Sen. Karen McConnaughay

  39. Senate Committee Amendment No. 1 Referred to Assignments

  40. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  41. Added as Alternate Co-Sponsor Sen. Jason A. Barickman

  42. Postponed - Judiciary

  43. Added as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff

  44. Added as Alternate Chief Co-Sponsor Sen. Darin M. LaHood

  45. Sponsor Removed Sen. Darin M. LaHood

  46. Added as Alternate Co-Sponsor Sen. Darin M. LaHood

  47. Assigned to Judiciary

  48. Referred to Assignments

  49. First Reading

  50. Chief Senate Sponsor Sen. Don Harmon

  51. Placed on Calendar Order of First Reading

  52. Arrive in Senate

  53. Added Co-Sponsor Rep. John Bradley

  54. Added Co-Sponsor Rep. Arthur Turner

  55. Added Co-Sponsor Rep. Lawrence Walsh, Jr.

  56. Added Co-Sponsor Rep. Brandon W. Phelps

  57. Added Co-Sponsor Rep. Daniel V. Beiser

  58. Added Co-Sponsor Rep. Patrick J. Verschoore

  59. Added Co-Sponsor Rep. Katherine Cloonen

  60. Added Co-Sponsor Rep. Jerry Costello, II

  61. Added Chief Co-Sponsor Rep. Linda Chapa LaVia

  62. Added Chief Co-Sponsor Rep. Carol Sente

  63. Added Chief Co-Sponsor Rep. Carol Ammons

  64. Added Chief Co-Sponsor Rep. Jack D. Franks

  65. Third Reading - Short Debate - Passed 115-000-000

  66. Placed on Calendar Order of 3rd Reading - Short Debate

  67. Second Reading - Short Debate

  68. Added Co-Sponsor Rep. John D. Anthony

  69. Added Co-Sponsor Rep. Anna Moeller

  70. Added Co-Sponsor Rep. Barbara Wheeler

  71. Added Co-Sponsor Rep. Ann M. Williams

  72. Placed on Calendar 2nd Reading - Short Debate

  73. Do Pass as Amended / Short Debate Adoption Reform; 005-000-000

  74. House Committee Amendment No. 1 Adopted in Adoption Reform; 005-000-000

  75. House Committee Amendment No. 1 Rules Refers to Adoption Reform

  76. House Committee Amendment No. 1 Referred to Rules Committee

  77. House Committee Amendment No. 1 Filed with Clerk by Rep. Keith P. Sommer

  78. Added Co-Sponsor Rep. Sara Feigenholtz

  79. Assigned to Adoption Reform

  80. Referred to Rules Committee

  81. First Reading

  82. Filed with the Clerk by Rep. Keith P. Sommer

Sponsors

  • Keith P. Sommer · Cosponsor
  • Jason A. Barickman · Cosponsor
  • Karen McConnaughay · Cosponsor
  • Michael Connelly · Cosponsor
  • John G. Mulroe · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 5 co-sponsors · 178 not signed on

Sponsors (0)

None.

Co-sponsors (5)

  • Keith P. Sommer
  • Jason A. Barickman
  • Karen McConnaughay
  • Michael Connelly
  • John G. Mulroe

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 79005
Democrat 27001
Republican 6000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Sandack — Yea
Wallace — Yea
Willis — Yea
Turner — Yea
Zalewski — Yea
Madigan — Yea
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Mautino — Yea
Bourne — Yea
Breen — Yea
Brown — Yea
Costello — Yea
Durkin — Yea
Jesiel — Not Voting
Phelps — Yea
Sente — Yea
Smiddy — Yea
Sommer — Yea
Stewart — Yea
Bennett — Yea
Harris, David — Yea
Harris, Greg — Yea
Bradley — Yea
Brady — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Jones — Yea
Butler — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Frese — Yea
Golar — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Jackson — Yea
Lang — Yea
Sullivan — Yea
Leitch — Yea
McAsey — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Moffitt — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Williams — Yea
Mitchell, Bill — Yea
Mitchell, Christian — Yea
Soto — Not Voting
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Davis, Monique — Not Voting
Unes — Yea
Verschoore — Yea
Wehrli — Yea
Winger — Yea
Yingling — Not Voting
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Dunkin — Yea
Nekritz — Yea
Kay — Yea
Phillips — Not Voting
Poe — Yea
Pritchard — Yea
Reaves-Harris — Yea
Reis — Yea
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Not Voting
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 39003
Democrat 12001
Republican 4000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Bush — Yea
Muñoz — Not Voting
Kotowski — Yea
Luechtefeld — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Mulroe — Yea
Bennett — Yea
Harris — Yea
Radogno — Yea
Silverstein — Yea
McGuire — Yea
Steans — Yea
Brady — Yea
Sullivan — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Duffy — Yea
Forby — Yea
Haine — Yea
Hutchinson — Yea
Cullerton, T. — Yea
Cullerton — Yea
LaHood — Yea
Landek — Yea
Oberweis — Yea
Noland — Yea
Nybo — Not Voting
Raoul — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Not Voting
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democrat 27001
Republican 6000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sandack — Yea
Madigan — Not Voting
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Mautino — Yea
Bourne — Yea
Breen — Yea
Brown — Yea
Butler — Yea
McAsey — Yea
Ives — Not Voting
Jesiel — Yea
Nekritz — Yea
Phelps — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Lang — Yea
Leitch — Yea
Sente — Yea
Smiddy — Yea
Sommer — Yea
Bennett — Yea
Harris, David — Yea
Soto — Yea
Harris, Greg — Yea
Bradley — Yea
Stewart — Yea
Brady — Yea
Hernandez — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Verschoore — Yea
Jones — Yea
Wallace — Yea
Sullivan — Yea
Wehrli — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Frese — Yea
Golar — Yea
Hays — Yea
Hurley — Yea
Jackson — Yea
Davis, Monique — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Williams — Yea
Mitchell, Bill — Yea
Mitchell, Christian — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Moffitt — Yea
Willis — Yea
Demmer — Yea
Drury — Yea
Dunkin — Yea
Durkin — Yea
Winger — Yea
Yingling — Yea
Zalewski — Yea
Kay — Yea
Phillips — Yea
Poe — Yea
Pritchard — Yea
Reaves-Harris — Yea
Reis — Yea
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Not Voting
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

housing civil-rights
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Frequently asked questions

What does HB 3079 do?
Amends the Adoption Act. Provides for the re-adoption and confirmation of the foreign adoption decree of a child adopted in a foreign country. Provides documentation and procedural requirements. Adds provisions governing adoption by married parents, parents who subsequently divorce and re-marry, and parents who have entered into a civil union. Makes corresponding changes.
Who sponsors HB 3079?
HB 3079 is sponsored by Keith P. Sommer, Jason A. Barickman, Karen McConnaughay, Michael Connelly, and John G. Mulroe.
What is the current status of HB 3079?
This bill has been enacted into law. Introduced February 24, 2015. Enacted.
Where can I track HB 3079?
Track HB 3079 free on One Click Politics — get push/email alerts when it moves.

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