SB 3706 — ADOPTION-CONFIDENTIAL INTERMED

SB3706 EngrossedEnrolled LRB104 20671 JRC 34170 b AN ACT concerning civil law.

or (6) any adult birth sibling of the adult adopted or surrendered person unless the birth parent has checked Option E on the Birth Parent Preference Form or has filed a Denial of Information Exchange with the Registry and is SB3706 EngrossedEnrolled - 2 - LRB104 20671 JRC 34170 b not deceased;

(a-5) In addition, any former youth in care as defined in Section 4d of the Children and Family Services Act who was adopted or surrendered may petition the court in any county in SB3706 EngrossedEnrolled - 3 - LRB104 20671 JRC 34170 b the State for appointment of a confidential intermediary as provided in this Section for the purposes of obtaining identifying information or arranging contact with (i) siblings or birth relatives if the former youth in care is between the ages of 18 and 21 or (ii) former foster parents or foster siblings if the former youth in care is over the age of 18.

The court may appoint as SB3706 EngrossedEnrolled - 4 - LRB104 20671 JRC 34170 b confidential intermediary any person certified by the Department of Children and Family Services as qualified to serve as a confidential intermediary.

Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 unless the confidential intermediary has obtained SB3706 EngrossedEnrolled - 5 - LRB104 20671 JRC 34170 b written consent from the person whose information is being sought by an adult adopted or surrendered person or, if that person is a minor child, that person's parent or guardian.

If the petitioner is an adult adopted or surrendered person or the adoptive parent of a minor and if the petitioner has signed a written authorization to disclose personal medical information, an adoption agency disclosing information to a confidential intermediary shall disclose available medical information about the adopted or surrendered person from birth through SB3706 EngrossedEnrolled - 6 - LRB104 20671 JRC 34170 b adoption.

(i) the adopted person was born before January 1, 1946 and the petitioner has requested a non-certified copy of the adopted person's original birth certificate under Section 18.1 of this Act, and the Illinois Department of Public Health has issued a certification that the original birth certificate was not found, or the SB3706 EngrossedEnrolled - 7 - LRB104 20671 JRC 34170 b petitioner has presented the confidential intermediary with the non-certified copy of the original birth certificate which omits the name of the birth parent;

If the identifying information concerning a birth father is sought by the petitioner, the confidential intermediary shall disclose only the identifying information of the birth father as defined in Section SB3706 EngrossedEnrolled - 8 - LRB104 20671 JRC 34170 b 18.06 of this Act;

and SB3706 EngrossedEnrolled - 9 - LRB104 20671 JRC 34170 b (B) any non-identifying information, as defined in Section 18.4 of this Act, that is obtained during the search.

In conducting a search under this Section, the confidential intermediary shall first determine whether there is a Denial of Information Exchange or a Birth Parent Preference Form with Option E selected or an 18.3 statement SB3706 EngrossedEnrolled - 10 - LRB104 20671 JRC 34170 b referenced in subsection (g) of this Section on file with the Illinois Adoption Registry.

SB3706 EngrossedEnrolled - 11 - LRB104 20671 JRC 34170 b The confidential intermediary shall contact a sought-after relative on behalf of the petitioner in a manner that respects the sought-after relative's privacy and shall inform the sought-after relative of the petitioner's request for medical information, identifying information or contact as stated in the petition.

SB3706 EngrossedEnrolled - 12 - LRB104 20671 JRC 34170 b (3) The sought-after relative may communicate with the petitioner without having his or her identity disclosed.

SUBSCRIBED AND SWORN to before me, a Notary Public, on (insert date) ................................." SB3706 EngrossedEnrolled - 13 - LRB104 20671 JRC 34170 b (k) Sanctions.

If the sought-after relative is a birth SB3706 EngrossedEnrolled - 14 - LRB104 20671 JRC 34170 b parent, the confidential intermediary shall also forward a copy of the birth parent's death certificate, if available, to the Registry for inclusion in the Registry file.

The court shall order the adoption agency to reimburse the petitioner in an amount equal to all payments SB3706 EngrossedEnrolled - 15 - LRB104 20671 JRC 34170 b made by the petitioner to the confidential intermediary, and the adoption agency shall be subject to a civil monetary penalty of $1,000 to be paid to the Department of Children and Family Services.

(r) A confidential intermediary shall be permitted to access information from closed child welfare agencies whose records are housed in the State Central Storage consistent SB3706 EngrossedEnrolled - 16 - LRB104 20671 JRC 34170 b with paragraph (g) for all petitioners.