Illinois 95th Regular Session Status: Enacted 1 R cosponsors

SB 68 — ADOPT-REQUIRE HEALTH INFO

Last action — Public Act . . . . . . . . . 95-0601

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

This bill has been enacted into law. Introduced January 31, 2007. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • 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 that individual health information summaries concerning the child and each birth parent shall be filed within 14 days of the petition filing in all adoptions of unrelated minors. Provides that each preadoption investigation shall review the health summaries. Provides that health summaries shall be without any information identifying either birth parent and shall summarize significant medical, dental, and mental health information including diseases, disabilities, alcohol or drug abuse, hereditary conditions or diseases, and drugs or medications used by the birth mother during the child's pregnancy. Provides that adoptive parents or the adopted child when he or she is an adult may petition the court for the release of the summaries. Provides that no liability shall attach to anyone who provides information for a health summary or to the adoption registry (at present, liability protections only apply to the adoption registry). Provides that all information in health summaries is confidential and is not to be used as evidence in any other proceeding. Effective immediately.

Bill Text

What changed in the latest version

681 added · 188 removed

Plain-language change summary

The latest version of SB 68 removes sections from the Adoption Act and adds new provisions to the Children and Family Services Act. The key change allows for direct child welfare services to be provided specifically when alternative care options aren't available, particularly emphasizing support for young people up to age 19 with ongoing needs. This matters because it ensures that vulnerable youth continue to receive necessary services and care even as they age out of traditional foster systems, addressing significant gaps in support for this population.

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SB0068 Engrossed LRB095 03854 AJO 23885 b AN ACT concerning civil law.
SB0068 Enrolled LRB095 03854 AJO 23885 b AN ACT concerning civil law.
The Adoption Act is amended by changing Sections 6, 18.4a, and 18.5 and by adding Section 18.4b as follows:
The Children and Family Services Act is amended by changing Section 5 as follows:
(750 ILCS 50/6) (from Ch.
(20 ILCS 505/5) (from Ch.
40, par.
23, par.
1508) Sec.
5005) Sec.
6.
5.
A.
Direct child welfare services;
Investigation;
Department of Children and Family Services.
all cases.
To provide direct child welfare services when not available through other public or private child care or program facilities.
Within 10 days after the filing of a petition for the adoption or standby adoption of a child other than a related child, the court shall appoint a child welfare agency approved by the Department of Children and Family Services, or a person deemed competent by the court, or in Cook County the Court Services Division of the Cook County Department of Public Aid, or the Department of Children and Family Services if the court determines that no child welfare agency is available or that the petitioner is financially unable to pay for the investigation, to investigate accurately, fully and promptly, the allegations contained in the petition;
(a) For purposes of this Section:
the character, reputation, health and general standing in the community of the petitioners;
(1) "Children" means persons found within the State who are under the age of 18 years.
the religious faith of the petitioners and, if ascertainable, of the child sought to be adopted;
The term also includes persons under age 19 who:
and whether the petitioners are proper persons to adopt the child and whether the child is a proper subject of adoption.
(A) were committed to the Department pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, as amended, prior to the age of 18 and who continue under the jurisdiction of the court;
The investigation shall include a review SB0068 Engrossed - 2 - LRB095 03854 AJO 23885 b of the individual health information summaries required by Section 18.4b.
or (B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training because of severe emotional disturbances, physical SB0068 Enrolled - 2 - LRB095 03854 AJO 23885 b disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.
The investigation required under this Section shall include a fingerprint based criminal background check with a review of fingerprints by the Illinois State Police and Federal Bureau of Investigation.
(2) "Homeless youth" means persons found within the State who are under the age of 19, are not in a safe and stable living situation and cannot be reunited with their families.
Each petitioner subject to this investigation, shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police.
(3) "Child welfare services" means public social services which are directed toward the accomplishment of the following purposes:
These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases.
(A) protecting and promoting the health, safety and welfare of children, including homeless, dependent or neglected children;
The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check.
(B) remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation or delinquency of children;
The criminal background check required by this Section shall include a listing of when, where and by whom the criminal background check was prepared.
(C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child’s health and safety;
The criminal background check required by this Section shall not be more than two years old.
(D) restoring to their families children who have been removed, by the provision of services to the child and the families when the child can be cared for at SB0068 Enrolled - 3 - LRB095 03854 AJO 23885 b home without endangering the child’s health and safety;
Neither a clerk of the circuit court nor a judge may require that a criminal background check or fingerprint review be filed with, or at the same time as, an initial petition for adoption.
(E) placing children in suitable adoptive homes, in cases where restoration to the biological family is not safe, possible or appropriate;
B.
(F) assuring safe and adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
Investigation;
At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of this Section so that permanency may occur at the earliest opportunity.
foreign-born child.
Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child;
In the case of a child born outside the United States or a territory thereof, in addition to the investigation required under subsection (A) of SB0068 Engrossed - 3 - LRB095 03854 AJO 23885 b this Section, a post-placement investigation shall be conducted in accordance with the requirements of the Child Care Act of 1969, the Interstate Compact on the Placement of Children, and regulations of the foreign placing agency and the supervising agency.
(G) (blank);
The requirements of a post-placement investigation shall be deemed to have been satisfied if a valid final order or judgment of adoption has been entered by a court of competent jurisdiction in a country other than the United States or a territory thereof with respect to such child and the petitioners.
(H) (blank);
C.
and (I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility.
Report of investigation.
The Department is not required to place or maintain children:
The court shall determine whether the costs of the investigation shall be charged to the petitioners.
SB0068 Enrolled - 4 - LRB095 03854 AJO 23885 b (i) who are in a foster home, or (ii) who are persons with a developmental disability, as defined in the Mental Health and Developmental Disabilities Code, or (iii) who are female children who are pregnant, pregnant and parenting or parenting, or (iv) who are siblings, in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age.
The information obtained as a result of such investigation shall be presented to the court in a written report.
(b) Nothing in this Section shall be construed to authorize the expenditure of public funds for the purpose of performing abortions.
The results of the criminal background check required under subsection (A) shall be provided to the court for its review.
(c) The Department shall establish and maintain tax-supported child welfare services and extend and seek to improve voluntary services throughout the State, to the end that services and care shall be available on an equal basis throughout the State to children requiring such services.
The court may, in its discretion, weigh the significance of the results of the criminal background check against the entirety of the background of the petitioners.
(d) The Director may authorize advance disbursements for any new program initiative to any agency contracting with the Department.
The Court, in its discretion, may accept the report of the investigation previously made by a licensed child welfare agency, if made within one year prior to the entry of the judgment.
As a prerequisite for an advance disbursement, the contractor must post a surety bond in the amount of the advance disbursement and have a purchase of service contract approved by the Department.
Such report shall be treated as confidential and withheld from inspection unless findings adverse to the petitioners or to the child sought to be adopted are contained SB0068 Engrossed - 4 - LRB095 03854 AJO 23885 b therein, and in that event the court shall inform the petitioners of the relevant portions pertaining to the adverse findings.
The Department may pay up to 2 months operational expenses in advance.
In no event shall any facts set forth in the report be considered at the hearing of the proceeding, unless established by competent evidence.
The amount of the advance disbursement shall be prorated over the life of the contract or SB0068 Enrolled - 5 - LRB095 03854 AJO 23885 b the remaining months of the fiscal year, whichever is less, and the installment amount shall then be deducted from future bills.
The report shall be filed with the record of the proceeding.
Advance disbursement authorizations for new initiatives shall not be made to any agency after that agency has operated during 2 consecutive fiscal years.
If the file relating to the proceeding is not impounded, the report shall be impounded by the clerk of the court and shall be made available for inspection only upon order of the court.
The requirements of this Section concerning advance disbursements shall not apply with respect to the following:
D.
payments to local public agencies for child day care services as authorized by Section 5a of this Act;
Related adoption.
and youth service programs receiving grant funds under Section 17a-4.
Such investigation shall not be made when the petition seeks to adopt a related child or an adult unless the court, in its discretion, shall so order.
(e) (Blank).
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In such an event the court may appoint a person deemed competent by the court.
(f) (Blank).
(g) The Department shall establish rules and regulations concerning its operation of programs designed to meet the goals of child safety and protection, family preservation, family reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile SB0068 Enrolled - 6 - LRB095 03854 AJO 23885 b Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980;
and (10) interstate services.
Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in alcohol and drug abuse screening techniques approved by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred to an alcohol and drug abuse treatment program for professional evaluation.
(h) If the Department finds that there is no appropriate program or facility within or available to the Department for a ward and that no licensed private facility has an adequate and appropriate program or none agrees to accept the ward, the Department shall create an appropriate individualized, program-oriented plan for such ward.
The plan may be developed within the Department or through purchase of services by the Department to the extent that it is within its statutory authority to do.
(i) Service programs shall be available throughout the State and shall include but not be limited to the following services:
(1) case management;
(2) homemakers;
SB0068 Enrolled - 7 - LRB095 03854 AJO 23885 b (3) counseling;
(4) parent education;
(5) day care;
and (6) emergency assistance and advocacy.
In addition, the following services may be made available to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care;
and (4) in-home health services.
The Department shall provide transportation for any of the services it makes available to children or families or for which it refers children or families.
(j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt physically or mentally handicapped, older and other hard-to-place children who (i) immediately prior to their adoption were legal wards of the Department or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died.
The Department may, subject to federal financial participation in the cost, continue to provide financial SB0068 Enrolled - 8 - LRB095 03854 AJO 23885 b assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child’s adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents.
The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of 1987 for children who were wards of the Department for 12 months immediately prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the needs of the child and the adoptive parents, as set forth in the annual assistance agreement.
Special purpose grants are allowed where the child requires special service but such costs may not exceed the amounts which similar services would cost the Department if it were to provide or secure them as guardian of the child.
Any financial assistance provided under this subsection is inalienable by assignment, sale, execution, attachment, garnishment, or any other remedy for recovery or collection of a judgment or debt.
(j-5) The Department shall not deny or delay the placement of a child for adoption if an approved family is available SB0068 Enrolled - 9 - LRB095 03854 AJO 23885 b either outside of the Department region handling the case, or outside of the State of Illinois.
(k) The Department shall accept for care and training any child who has been adjudicated neglected or abused, or dependent committed to it pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and beginning July 1, 2000, the Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected Child Reporting Act, to help families, including adoptive and extended families.
Family preservation services shall be offered (i) to prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children’s welfare, (ii) to reunite children with their families, or (iii) to maintain an adoptive placement.
Family preservation services shall only be offered when doing so will not endanger the children’s health or safety.
With respect to children who are in substitute care pursuant to the Juvenile Court Act of 1987, family preservation services shall not be offered if a goal other than those of subdivisions (A), (B), or (B-1) of subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency.
The Department shall notify the child and his family of the SB0068 Enrolled - 10 - LRB095 03854 AJO 23885 b Department’s responsibility to offer and provide family preservation services as identified in the service plan.
The child and his family shall be eligible for services as soon as the report is determined to be "indicated".
The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been filed, prior to concluding its investigation under Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child’s or family’s willingness to accept services shall not be considered in the investigation.
The Department may also provide services to any child or family who is the subject of any report of suspected child abuse or neglect or may refer such child or family to services available from other agencies in the community, even if the report is determined to be unfounded, if the conditions in the child’s or family’s home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect.
Acceptance of such services shall be voluntary.
The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department.
A minor charged with a criminal SB0068 Enrolled - 11 - LRB095 03854 AJO 23885 b offense under the Criminal Code of 1961 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except a minor less than 13 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987.
(l-1) The legislature recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement as soon as is practically possible.
To achieve this goal, the legislature directs the Department of Children and Family Services to conduct concurrent planning so that permanency may occur at the earliest opportunity.
Permanent living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child’s health or safety;
reunification with the family, when safe and appropriate, if temporary placement is necessary;
or movement of the child toward the most permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child’s health and safety shall be the paramount concern.
When a child is placed in foster care, the Department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the child’s home.
The Department must make reasonable efforts to SB0068 Enrolled - 12 - LRB095 03854 AJO 23885 b reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile Court Act of 1987.
At any time after the dispositional hearing where the Department believes that further reunification services would be ineffective, it may request a finding from the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further reunification services after such a finding.
A decision to place a child in substitute care shall be made with considerations of the child’s health, safety, and best interests.
At the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.
The Department shall adopt rules addressing concurrent planning for reunification and permanency.
The Department shall consider the following factors when determining appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by the family;
(4) the level of cooperation of the family;
(5) the foster parents’ willingness to work with the family to reunite;
(6) the willingness and ability of the foster family to SB0068 Enrolled - 13 - LRB095 03854 AJO 23885 b provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any child if:
(1) it has received a written consent to such temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or (2) the child is found in the State and neither a parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent, guardian, custodian or responsible caretaker, the Department may, instead of removing the child and assuming temporary custody, place an authorized representative of the Department in that residence until such time as a parent, guardian or custodian enters the home and expresses a willingness and apparent ability to ensure the child’s health and safety and resume permanent charge of the child, or until a relative enters the home and is willing and able to ensure the child’s health and safety and assume charge of the child until a parent, guardian or custodian enters the home and expresses such willingness and ability to ensure the child’s safety and resume permanent charge.
After a caretaker has remained in the home for a period not to exceed 12 hours, the Department must SB0068 Enrolled - 14 - LRB095 03854 AJO 23885 b follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.
Whenever a child is taken into temporary custody pursuant to an investigation under the Abused and Neglected Child Reporting Act, or pursuant to a referral and acceptance under the Juvenile Court Act of 1987 of a minor in limited custody, the Department, during the period of temporary custody and before the child is brought before a judicial officer as required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987, shall have the authority, responsibilities and duties that a legal custodian of the child would have under subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into custody is scheduled for an appointment for a medical examination.
A parent, guardian or custodian of a child in the temporary custody of the Department who would have custody of the child if he were not in the temporary custody of the Department may deliver to the Department a signed request that the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for 10 days after the receipt of the request, during which period the Department may SB0068 Enrolled - 15 - LRB095 03854 AJO 23885 b cause to be filed a petition pursuant to the Juvenile Court Act of 1987.
If a petition is so filed, the Department shall retain temporary custody of the child until the court orders otherwise.
If a petition is not filed within the 10 day period, the child shall be surrendered to the custody of the requesting parent, guardian or custodian not later than the expiration of the 10 day period, at which time the authority and duties of the Department with respect to the temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of age in a secure child care facility licensed by the Department that cares for children who are in need of secure living arrangements for their health, safety, and well-being after a determination is made by the facility director and the Director or the Director’s designate prior to admission to the facility subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject to placement in a correctional facility operated pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the child is a ward who was placed under the care of the Department before being subject to placement in a correctional facility and a court of competent jurisdiction has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the Department, appropriate services aimed at family preservation SB0068 Enrolled - 16 - LRB095 03854 AJO 23885 b have been unsuccessful and cannot ensure the child’s health and safety or are unavailable and such placement would be for their best interest.
Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training and supervision of such a child that exceed the average per capita cost of maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases where children require specialized care and treatment for problems of severe emotional disturbance, physical disability, social adjustment, or any combination thereof and suitable facilities for the placement of such children are not available at payment rates within the limitations set forth in this Section.
All reimbursements for services delivered shall be absolutely inalienable by assignment, sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department.
Children who are wards of the Department and are placed by private child welfare agencies, and foster families with whom those children SB0068 Enrolled - 17 - LRB095 03854 AJO 23885 b are placed, shall be afforded the same procedural and appeal rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency.
The Department shall insure that any private child welfare agency, which accepts wards of the Department for placement, affords those rights to children and foster families.
The Department shall accept for administrative review and an appeal hearing a complaint made by (i) a child or foster family concerning a decision following an initial review by a private child welfare agency or (ii) a prospective adoptive parent who alleges a violation of subsection (j-5) of this Section.
An appeal of a decision concerning a change in the placement of a child shall be conducted in an expedited manner.
(p) There is hereby created the Department of Children and Family Services Emergency Assistance Fund from which the Department may provide special financial assistance to families which are in economic crisis when such assistance is not available through other public or private sources and the assistance is deemed necessary to prevent dissolution of the family unit or to reunite families which have been separated due to child abuse and neglect.
The Department shall establish administrative rules specifying the criteria for determining eligibility for and the amount and nature of assistance to be provided.
The Department may also enter into written agreements with private and public social service agencies to provide SB0068 Enrolled - 18 - LRB095 03854 AJO 23885 b emergency financial services to families referred by the Department.
Special financial assistance payments shall be available to a family no more than once during each fiscal year and the total payments to a family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their entirety, for the benefit of children any gift, donation or bequest of money or other property which is received on behalf of such children, or any financial benefits to which such children are or may become entitled while under the jurisdiction or care of the Department.
The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans’ Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments.
Interest earned by each account shall be credited to the account, unless disbursed in accordance with this subsection.
In disbursing funds from children’s accounts, the Department shall:
(1) Establish standards in accordance with State and federal laws for disbursing money from children’s SB0068 Enrolled - 19 - LRB095 03854 AJO 23885 b accounts.
In all circumstances, the Department’s "Guardianship Administrator" or his or her designee must approve disbursements from children’s accounts.
The Department shall be responsible for keeping complete records of all disbursements for each account for any purpose.
(2) Calculate on a monthly basis the amounts paid from State funds for the child’s board and care, medical care not covered under Medicaid, and social services;
and utilize funds from the child’s account, as covered by regulation, to reimburse those costs.
Monthly, disbursements from all children’s accounts, up to 1/12 of $13,000,000, shall be deposited by the Department into the General Revenue Fund and the balance over 1/12 of $13,000,000 into the DCFS Children’s Services Fund.
(3) Maintain any balance remaining after reimbursing for the child’s costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant State and federal laws and shall be disbursed to the child or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a hard-to-place or handicapped child and the names of such children who have not been placed for adoption.
A list of such SB0068 Enrolled - 20 - LRB095 03854 AJO 23885 b names and addresses shall be maintained by the Department or its agent, and coded lists which maintain the confidentiality of the person seeking to adopt the child and of the child shall be made available, without charge, to every adoption agency in the State to assist the agencies in placing such children for adoption.
The Department may delegate to an agent its duty to maintain and make available such lists.
The Department shall ensure that such agent maintains the confidentiality of the person seeking to adopt the child and of the child.
(s) The Department of Children and Family Services may establish and implement a program to reimburse Department and private child welfare agency foster parents licensed by the Department of Children and Family Services for damages sustained by the foster parents as a result of the malicious or negligent acts of foster children, as well as providing third party coverage for such foster parents with regard to actions of foster children to other individuals.
Such coverage will be secondary to the foster parent liability insurance policy, if applicable.
The program shall be funded through appropriations from the General Revenue Fund, specifically designated for such purposes.
(t) The Department shall perform home studies and investigations and shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically SB0068 Enrolled - 21 - LRB095 03854 AJO 23885 b directs the Department to perform such services;
and (2) the court has ordered one or both of the parties to the proceeding to reimburse the Department for its reasonable costs for providing such services in accordance with Department rules, or has determined that neither party is financially able to pay.
The Department shall provide written notification to the court of the specific arrangements for supervised visitation and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to the costs incurred except in cases where the court has determined the parties are financially unable to pay.
The court may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents or in a licensed foster home, group home, child care institution, or in a relative home, the Department shall provide to the prospective adoptive parent or parents or other caretaker:
(1) available detailed information concerning the child’s educational and health history, copies of immunization records (including insurance and medical card information), a history of the child’s previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the location of any previous caretaker;
SB0068 Enrolled - 22 - LRB095 03854 AJO 23885 b (2) a copy of the child’s portion of the client service plan, including any visitation arrangement, and all amendments or revisions to it as related to the child;
and (3) information containing details of the child’s individualized educational plan when the child is receiving special education services.
The caretaker shall be informed of any known social or behavioral information (including, but not limited to, criminal background, fire setting, perpetuation of sexual abuse, destructive behavior, and substance abuse) necessary to care for and safeguard the children to be placed or currently in the home.
The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in advance of a placement.
The foster or prospective adoptive parent may review the supporting documents in the child’s file in the presence of casework staff.
In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection.
The information described in this subsection shall be provided in writing.
In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the Department shall provide such information as it becomes available.
Within 10 business days SB0068 Enrolled - 23 - LRB095 03854 AJO 23885 b after placement, the Department shall obtain from the prospective adoptive parent or parents or other caretaker a signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall provide to the child’s guardian ad litem a copy of the information provided to the prospective adoptive parent or parents or other caretaker.
The information provided to the prospective adoptive parent or parents or other caretaker shall be reviewed and approved regarding accuracy at the supervisory level.
(u-5) Effective July 1, 1995, only foster care placements licensed as foster family homes pursuant to the Child Care Act of 1969 shall be eligible to receive foster care payments from the Department.
Relative caregivers who, as of July 1, 1995, were approved pursuant to approved relative placement rules previously promulgated by the Department at 89 Ill.
Adm.
Code 335 and had submitted an application for licensure as a foster family home may continue to receive foster care payments only until the Department determines that they may be licensed as a foster family home or that their application for licensure is denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS 2605/2605-355) SB0068 Enrolled - 24 - LRB095 03854 AJO 23885 b if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act.
The Department shall provide for interactive computerized communication and processing equipment that permits direct on-line communication with the Department of State Police’s central criminal history data repository.
The Department shall comply with all certification requirements and provide certified operators who have been trained by personnel from the Department of State Police.
In addition, one Office of the Inspector General investigator shall have training in the use of the criminal history information access system and have access to the terminal.
The Department of Children and Family Services and its employees shall abide by rules and regulations established by the Department of State Police relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective date of Public Act 89-392), the Department shall prepare and submit to the Governor and the General Assembly, a written plan for the development of in-state licensed secure child care facilities that care for children who are in need of secure living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall mean a facility that is designed and operated to ensure that all entrances and exits from the facility, a building or a SB0068 Enrolled - 25 - LRB095 03854 AJO 23885 b distinct part of the building, are under the exclusive control of the staff of the facility, whether or not the child has the freedom of movement within the perimeter of the facility, building, or distinct part of the building.
The plan shall include descriptions of the types of facilities that are needed in Illinois;
the cost of developing these secure care facilities;
the estimated number of placements;
the potential cost savings resulting from the movement of children currently out-of-state who are projected to be returned to Illinois;
the necessary geographic distribution of these facilities in Illinois;
and a proposed timetable for development of such facilities.
93-418, eff.
94-215, eff.
1-1-04.) (750 ILCS 50/18.4a) (from Ch.
1-1-06;
40, par.
94-1010, eff.
1522.4a) Sec.
10-1-06.) Section 10.
18.4a.
The Adoption Act is amended by changing Section 14b as follows:
Medical and mental health histories.
(750 ILCS 50/14b) Sec.
(a) Notwithstanding any other provision of law to the contrary, to the extent currently in possession of the agency, the medical and mental health histories of a child legally freed for adoption and of the birth parents, with information identifying the birth parents eliminated, shall be provided by an agency to the child’s prospective adoptive parent and shall be provided upon request to an adoptive parent when a child has been adopted.
14b.
The medical and mental health histories shall SB0068 Engrossed - 5 - LRB095 03854 AJO 23885 b include all the following available information:
Death of intended adoptive parent prior to entry of judgment.
(1) Conditions or diseases believed to be hereditary.
After any court has acquired jurisdiction over the person of any intended adoptive parent in an adoption proceeding, if the intended adoptive parent dies before entry of final judgment, upon petition by the other intended adoptive parent or the child’s guardian ad litem suggesting the death of the intended adoptive parent and asking that the court proceed in absence of the deceased intended adoptive parent to enter a SB0068 Enrolled - 26 - LRB095 03854 AJO 23885 b final judgment, in the presence of the other intended adoptive parent or the child to be adopted who is a party to the record, the court shall proceed to hearing and final judgment to enable the child to have the intended name by adoption.
(2) Drugs or medications taken by the child’s birth mother during pregnancy.
Otherwise the court may dismiss the proceeding.
(3) Psychological and psychiatric information.
This amendatory Act of the 91st General Assembly shall apply to all cases in which the court acquired jurisdiction of the person of any intended adoptive parent in an adoption proceeding, if such jurisdiction was acquired on or after November 1, 1997.
(4) Any other information that may be a factor influencing the child’s present or future health.
(b) The Department of Children and Family Services may promulgate rules and regulations governing the release of medical histories under this Section and the preparation of the individual health information summaries required by Section 18.4b.
91-417, eff.
91-573, eff.
1-1-00.) (750 ILCS 50/18.4b new) Sec.
18.4b.
Individual health information summaries.
In any adoption action that is not an adoption that is assisted by an Illinois child welfare agency or an intercounty adoption, and other than when the petition seeks to adopt a related child or an adult, individual health information summaries for the child, birth mother, and birth father and a certified copy of the adoption petition shall be filed except for good cause shown with the Illinois Adoption Registry within 14 days after the petition for adoption is filed.
An individual health information summary shall be based upon all significant medical, dental, and mental health information available about SB0068 Engrossed - 6 - LRB095 03854 AJO 23885 b the person but shall not contain any information identifying either birth parent.
(a) The child’s individual health information summary shall include:
(1) his or her general physical characteristics and significant health information about the child concerning any disease, disability, dental condition, chronic or acute illness, allergy, hospitalization, or history of alcohol or other drug abuse;
(2) significant health information concerning any psychological or psychiatric condition, medication, or treatment;
(3) conditions or diseases believed to be hereditary;
and (4) any other information that may be a factor influencing the child’s present or future physical, dental, or mental health.
(b) The birth mother’s individual health information summary shall include:
(1) her age and significant health information about her concerning any disease, disability, dental condition, chronic or acute illness, allergy, or history of alcohol or other drug abuse;
(2) significant health information concerning any psychological or psychiatric condition, medication, or treatment;
SB0068 Engrossed - 7 - LRB095 03854 AJO 23885 b (3) conditions or diseases believed to be hereditary;
(4) any other information that may be a factor influencing the child’s present or future physical, dental, or mental health;
and (5) drugs or medications taken by her during the child’s pregnancy.
(c) The birth father’s individual health information summary shall include:
(1) his age and significant health information about him concerning any disease, disability, dental condition, chronic or acute illness, allergy, or history of alcohol or other drug abuse;
(2) significant health information concerning any psychological or psychiatric condition, medication, or treatment;
(3) conditions or diseases believed to be hereditary;
and (4) any other information that may be a factor influencing the child’s present or future physical, dental, or mental health.
(750 ILCS 50/18.5) (from Ch.
40, par.
1522.5) Sec.
18.5.
Liability.
No liability shall attach to the State, any agency thereof, any licensed agency, any judge, any officer or employee of the court, or any party or employee thereof involved in the surrender of a child for adoption or in SB0068 Engrossed - 8 - LRB095 03854 AJO 23885 b an adoption proceeding for acts or efforts made or information provided within the scope of Sections 18.05 thru 18.5, inclusive, of this Act and under its provisions, except for subsection (f) of Section 18.1.
(Source:
P.A.
91-417, eff.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 95-0601

  2. Effective Date September 11, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 045-000-000

  7. 3/5 Vote Required

  8. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Civil Law; 009-000-000

  9. House Committee Amendment No. 1 Motion to Concur Referred to Judiciary Civil Law

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

  11. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Mike Jacobs

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01 - June 6, 2007

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. 3/5 Vote Required

  15. Third Reading - Short Debate - Passed 110-000-000

  16. Added Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie

  17. Final Action Deadline Extended-9(b) June 8, 2007

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

  19. Second Reading - Short Debate

  20. Placed on Calendar 2nd Reading - Short Debate

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

  22. House Committee Amendment No. 1 Adopted in Adoption Reform Committee; by Voice Vote

  23. House Committee Amendment No. 1 Filed with Clerk by Adoption Reform Committee

  24. Motion to Suspend Rule 25 - Prevailed

  25. Final Action Deadline Extended-9(b) May 31, 2007

  26. Assigned to Adoption Reform Committee

  27. Final Action Deadline Extended-9(b) May 31, 2007

  28. Rule 19(a) / Re-referred to Rules Committee

  29. Assigned to Adoption Reform Committee

  30. Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias

  31. Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson

  32. Referred to Rules Committee

  33. First Reading

  34. Chief House Sponsor Rep. Sara Feigenholtz

  35. Placed on Calendar Order of First Reading

  36. Arrived in House

  37. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  38. Third Reading - Passed; 057-000-000

  39. Placed on Calendar Order of 3rd Reading March 21, 2007

  40. Second Reading

  41. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules

  42. Placed on Calendar Order of 2nd Reading March 15, 2007

  43. Do Pass as Amended Judiciary Civil Law; 008-000-000

  44. Senate Committee Amendment No. 1 Held in Judiciary Civil Law

  45. Senate Committee Amendment No. 2 Adopted

  46. Senate Committee Amendment No. 2 Rules Refers to Judiciary Civil Law

  47. Senate Committee Amendment No. 2 Referred to Rules

  48. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Mike Jacobs

  49. Held in Judiciary Civil Law

  50. Held in Judiciary Civil Law

  51. Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law

  52. Held in Judiciary Civil Law

  53. Senate Committee Amendment No. 1 Referred to Rules

  54. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Jacobs

  55. Assigned to Judiciary Civil Law

  56. Referred to Rules

  57. First Reading

  58. Filed with Secretary by Sen. Mike Jacobs

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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 45 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 370012
Democrat 8001
Republican 0001
Total 450014
% of votes cast 76%0%0%24%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Noland — Yea
Link — Yea
Luechtefeld — Not Voting
Maloney — Yea
Meeks — Yea
Millner — Yea
Pankau — Yea
Radogno — Yea
Cullerton — Yea
Jacobs — Yea
Schoenberg — Yea
Watson — Yea
Jones, J. — Yea
Sieben — Yea
Demuzio — Yea
Silverstein — Not Voting
Trotter — Yea
Viverito — Yea
Brady — Not Voting
Wilhelmi — Yea
Sullivan — Not Voting
Munoz — Not Voting
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Not Voting
Hendon — Yea
Hultgren — Not Voting
Kotowski — Yea
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Rutherford — Yea
Sandoval — Yea
Lauzen — Not Voting
Althoff — Not Voting
Martinez — Yea
Bomke — Yea
Bond — Not Voting
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Third Reading

Passed 110 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 97008
Democrat 9000
Republican 4000
Total 110008
% of votes cast 93%0%0%7%
How each member voted (118)
Member Party Vote
Graham — Not Voting
Jefferies — Yea
Jakobsson — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Reitz — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Reboletti — Yea
Schock — Yea
Scully — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Coladipietro — Yea
Cole — Yea
Dugan — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Hernandez — Yea
Madigan — Yea
Watson — Yea
Howard — Yea
Nekritz — Yea
Osterman — Yea
Davis, Monique — Yea
Phelps — Yea
Pihos — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Not Voting
Younge — Yea
Colvin — Yea
Coulson — Not Voting
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Not Voting
Fritchey — Not Voting
Hassert — Yea
Holbrook — Yea
Kosel — Yea
Osmond — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Not Voting
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mulligan — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hultgren — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Brady — Yea
Peterson — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Sullivan — Yea
Munoz — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Ronen — Not Voting
Rutherford — Yea
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Meeks — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 68 do?
Amends the Adoption Act. Provides that individual health information summaries concerning the child and each birth parent shall be filed within 14 days of the petition filing in all adoptions of unrelated minors. Provides that each preadoption investigation shall review the health summaries. Provides that health summaries shall be without any information identifying either birth parent and shall summarize significant medical, dental, and mental health information including diseases, disabilities, alcohol or drug abuse, hereditary conditions or diseases, and drugs or medications used by the birth mother during the child's pregnancy. Provides that adoptive parents or the adopted child when he or she is an adult may petition the court for the release of the summaries. Provides that no liability shall attach to anyone who provides information for a health summary or to the adoption registry (at present, liability protections only apply to the adoption registry). Provides that all information in health summaries is confidential and is not to be used as evidence in any other proceeding. Effective immediately.
Who sponsors SB 68?
SB 68 is sponsored by Paul Jacobs (Republican).
What is the current status of SB 68?
This bill has been enacted into law. Introduced January 31, 2007. Enacted.
Where can I track SB 68?
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