FAC FIGHTING CPS IN ILLINOIS

FAMILIES AGAINST CORRUPTION FIGHTING CPS IN ILLINOISI

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Nisey

class action law suit



I have a class action law suit going on, but guess what with no people



how can it happen!!I have a lawyer last name of is Bell that is willing



to do this but he need people with cases or case in the state of IL. If



you are anyone you know wants to know more about this or want to get in



on this please contact me Denise at… Continue

Posted by Nisey on August 7, 2010 at 2:13am

 
WELCOME TO FAMILIES AGAINST CORRUPTION FIGHTING CPS IN ILLINOIS
Please list the names of those who had destroyed your lives:
cps employees, supervisors; court employees: judges, court personal, casa employees; attorneys: district attorney, anyone representing cps;
public pretenders: ad litems, child guardians, anyone representing your child or yourself, and works for the state/ county where your cps case is being lied about.

Please join the County (in group section, at left..) where cps had abducted your child(ren), and mingle in with others to find corrupted judges, public pretenders, cps employees in common...thanks!



Map Courtesy of Digital Map Store

il slog

yet the cps employees can find their way into your homes..amazing...

IL FLG

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Fighting Child Protective Services False Accusations
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ILLINOIS STATE LAWS REGARDING CHILDREN'S PROTECTIVE SERVICES:

ILLINOIS STATE LAWS REGARDING CHILDREN'S PROTECTIVE SERVICES:

State Statutes Results for State of Illinois:
Child Abuse and Neglect

Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.

Circumstances That Constitute Witnessing
Citation: Comp. Stat. Ch. 720 § 5/12-3.2

[In criminal law] For purposes of this Section:
''Child'' means a person under 18 years of age who is the defendant's or victim's child or stepchild or who is a minor child residing within or visiting the household of the defendant or victim.
''In the presence of a child'' means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting one of the offenses listed in the section below.


Consequences
Citation: Comp. Stat. Ch. 720 § 5/12-3.2

In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery, aggravated domestic battery, aggravated battery, unlawful restraint, or aggravated unlawful restraint against a family or household member shall be:
Required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both
Liable for the cost of any counseling required for the child at the discretion of the court

Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.

Citation: 325 Ill. Comp. Stat. Ann. 5/4 (LexisNexis through 2007 Reg. Sess.)


Any member of the clergy having reasonable cause to believe that a child known to that member of the clergy in his or her professional capacity may be an abused child as defined by law shall immediately report or cause a report to be made to the department.
Whenever such person is required to report under this act in his or her capacity as...a member of the clergy, he or she shall make a report immediately to the department in accordance with the provisions of this Act and may also notify the person in charge of such...church, synagogue, temple, mosque, or other religious institution, or his or her designated agent that such report has been made. Under no circumstances shall any person in charge of such...church, synagogue, temple, mosque, or other religious institution, or his or her designated agent to whom such notification is made, exercise any control, restraint, modification or other change in the report or the forwarding of such report to the department.

The privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report.

A member of the clergy may claim the privilege under § 8-803 of the Code of Civil Procedure.

Citation: 735 Ill. Comp. Stat. Ann. 5/8-803 (LexisNexis through 2007 Reg. Sess.)


A clergyman or practitioner of any religious denomination accredited by the religious body to which he or she belongs shall not be compelled to disclose in any court, or to any administrative body or agency, or to any public officer, a confession or admission made to him or her in his or her professional character or as a spiritual advisor in the course of the discipline enjoined by the rules or practice of such religious body or of the religion that he or she professes, nor be compelled to divulge any information that has been obtained by him or her in such professional character or such spiritual advisor.


Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

325 Ill. Comp. Stat. Ann. 5/7 (LexisNexis through 10-1-07)

Reports made to the central register through the State-wide, toll-free telephone number shall be immediately transmitted by the department to the appropriate Child Protective Service Unit. All such reports alleging the death of a child; serious injury to a child, including but not limited to, brain damage, skull fractures, subdural hematomas, and internal injuries; torture of a child; malnutrition of a child; and sexual abuse to a child, including but not limited to sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age 12 and under, shall also be immediately transmitted by the department to the appropriate local law enforcement agency.
The department shall within 24 hours orally notify local law enforcement personnel and the Office of the State's Attorney of the involved county of the receipt of any report alleging the death of a child; serious injury to a child, including but not limited to brain damage, skull fractures, subdural hematomas, and internal injuries; torture of a child; malnutrition of a child; and sexual abuse to a child, including but not limited to sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age 12 and under.

All oral reports made by the department to local law enforcement personnel and the Office of the State's Attorney of the involved county shall be confirmed in writing within 24 hours of the oral report.


Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

Physical Abuse
Citation: Comp. Stat. Ch. 325, § 5/3

Abused child means a child whose parent, immediate family member, any person responsible for the child's welfare, any individual residing in the same home as the child, or a paramour of the child's parent:
Inflicts, causes or allows to be inflicted, or creates a substantial risk of physical injury, by other than accidental means, that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function
Commits or allows to be committed an act or acts of torture upon the child
Inflicts excessive corporal punishment
Commits or allows to be committed the offense of female genital mutilation
Causes a controlled substance to be sold, transferred, distributed, or given to the child under age 18, in violation of the Illinois Controlled Substances Act or Methamphetamine Control and Community Protection Act


Neglect
Citation: Comp. Stat. Ch. 325, § 5/3

Neglected child means any child who is:
Not receiving the proper or necessary nourishment or medically indicated treatment including food or care, not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician, or otherwise is not receiving the proper or necessary support or medical or other remedial care as necessary for a child's well-being
Not receiving other care necessary for his or her well-being, including adequate food, clothing, and shelter
A newborn infant whose blood, urine, or meconium contains any amount of a controlled substance or a metabolite thereof


Sexual Abuse
Citation: Comp. Stat. Ch. 325, § 5/3

Abused child means a child whose parent, immediate family member, any person responsible for the child's welfare, any individual residing in the same home as the child, or a paramour of the child's parent commits or allows to be committed any sex offense against the child.

Emotional Abuse
Citation: Comp. Stat. Ch. 325, § 5/3

Abused child includes impairment or substantial risk of impairment to the child's emotional health.

Abandonment
Citation: Comp. Stat. Ch. 325, § 5/3

Neglected child includes a child who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care.

Standards for Reporting
Citation: Comp. Stat. Ch. 325, § 5/3

A report is required when a responsible person:
Inflicts, causes to be inflicted, or allows to be inflicted harm to the child
Creates a substantial risk of injury
Commits or allows to be committed a sexual offense against the child


Persons Responsible for the Child
Citation: Comp. Stat. Ch. 325, § 5/3

Person responsible for the child's welfare means:
The child's parent, guardian, foster parent, or relative caregiver
Any person responsible for the child's welfare in a public or private residential agency, institution, or childcare facility
Any other person responsible for the child's welfare at the time of the alleged abuse or neglect, including an immediate family member, any person residing in the child's home, or a paramour of the child's parent
Any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals, educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse or neglect


Exceptions
Citation: Comp. Stat. Ch. 325, § 5/3

A child shall not be considered abused or neglected if:
The child is a newborn who has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
The presence of a controlled substance in a child or a newborn is the result of medical treatment.
The child has been left in the care of an adult relative.
The child's parent relies upon spiritual means through prayer for the treatment of disease.
The child is not attending school as required by the School Act.


Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

Defined in Domestic Violence Civil Laws
Citation: Cons. Stat. Ch. 750 § 60/103

''Abuse'' means physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation, but does not include reasonable direction of a minor child by a parent or person in loco parentis.
''Domestic violence'' means abuse, as above.

''Harassment'' means knowing conduct that is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:

Creating a disturbance at the petitioner's place of employment or school
Repeatedly telephoning the petitioner's place of employment, home, or residence
Repeatedly following the petitioner about in a public place or places
Repeatedly keeping the petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle, or other place occupied by the petitioner or by peering in the petitioner's windows
Improperly concealing a minor child from the petitioner, repeatedly threatening to improperly remove a minor child of the petitioner, repeatedly threatening to conceal a minor child from the petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence
Threatening physical force, confinement, or restraint on one or more occasions
''Interference with personal liberty'' means committing or threatening physical abuse, harassment, intimidation, or willful deprivation so as to compel another to engage in conduct from which he or she has a right to abstain or to refrain from conduct in which he or she has a right to engage.

Defined in Child Abuse Reporting and Child Protection Laws
Citation:

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws
Citation: Cons. Stat. Ch. 720, §§ 5/12-3.2 & 3.3; Ch. 725, § 5/112A-3

A person commits ''domestic battery'' if he or she intentionally or knowingly without legal justification by any means:

Causes bodily harm to any family or household member
Makes physical contact of an insulting or provoking nature with any family or household member
A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm or permanent disability or disfigurement, commits aggravated domestic battery.

''Abuse,'' ''domestic violence,'' and ''harassment'' have the same meaning as defined in chapter 750, § 60/103, above.

Persons Included in the Definition
Citation: Cons. Stat. Ch. 750 § 60/103; Ch. 725 § 5/112A-3

[In civil and criminal law] ''Family or household members'' include:

Spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage
Persons who share or formerly shared a common dwelling
Persons who have or allegedly have a child in common
Persons who share or allegedly share a blood relationship through a child
Persons who have or have had a dating or engagement relationship
Persons with disabilities and their personal assistants
Caregivers, as defined in chapter 720 § 5/12-21(b)(3)
For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship.

Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Comp. Stat. Ch. 325, § 5/11.1

All records concerning reports of child abuse and neglect or records concerning referrals under this Act, and all records generated as a result of such reports or referrals, shall be confidential and shall not be disclosed except as specifically authorized by this Act or other applicable law.

Persons or Entities Allowed Access to Records
Comp. Stat. Ch. 325, § 5/11.1

A person shall have access to records only in furtherance of purposes directly connected with the administration of this Act or the Intergovernmental Missing Child Recovery Act of 1984. Those persons and purposes for access include:
Department staff in the furtherance of their responsibilities or for completing background investigations on persons or agencies licensed by the department or with whom the department contracts for the provision of child welfare services
A law enforcement agency investigating child abuse or neglect
The Department of State Police when administering the Intergovernmental Missing Child Recovery Act of 1984
A physician who reasonably suspects that a child may be abused or neglected
An authorized person when needed to determine whether to place the child in temporary protective custody
A person who has the responsibility to care for, treat, or supervise a child
A parent, guardian, prospective adoptive parent, foster parent, or other person responsible for the child's welfare
Any subject of the report, and if the subject is a minor, his or her guardian or guardian ad litem
A court or grand jury when it is necessary for the determination of an issue before it
A probation officer or other authorized representative of a probation or court services department conducting an investigation
Any person authorized by the director for audit or bona fide research purposes
Law enforcement agencies, coroners, medical examiners, physicians, courts, school superintendents, and child welfare agencies in other States who are responsible for child abuse or neglect investigations or background investigations

The Department of Professional Regulation, the State Board of Education, and school superintendents in Illinois, who may use or disclose information from the records as they deem necessary to conduct investigations or take disciplinary action
A coroner or medical examiner who has reason to believe that a child has died as the result of abuse or neglect
Members of a multidisciplinary team
The Department of Human Services
Any other agency or investigative body, including the Department of Public Health and a local board of health, authorized by State law to conduct an investigation into the quality of care provided to children in hospitals and other State regulated care facilities
The guardian ad litem of the child


When Public Disclosure of Records is Allowed
Citation: Comp. Stat. Ch. 325, § 5/11.1a

The director may disclose information regarding the abuse or neglect of a child, the investigation thereof, and any services related thereto, if he or she determines that such disclosure is not contrary to the best interests of the child, the child's siblings, or other children in the household, and one of the following factors are present:
The subject of the report has been criminally charged with committing a crime related to the child abuse or neglect report.
A law enforcement agency or official, a State's Attorney, or a judge has publicly disclosed in a report information regarding the investigation of a report or the provision of services by the department.
An adult subject of the report has knowingly and voluntarily made a public disclosure concerning a Child Abuse and Neglect Tracking System report.
The child named in the report has been critically injured or died.


Use of Records for Employment Screening
Citation: Comp. Stat. Ch. 325, § 5/11.1

Access to records may be provided for the following:
The director of a State-operated facility when an employee of that facility is the perpetrator in an indicated report
The operator of a licensed child care facility or a facility licensed by the Department of Human Services in which children reside when a current or prospective employee of that facility is the perpetrator in an indicated child abuse or neglect report
The Department of Human Services and the operator of a facility providing early intervention services for the purpose of determining whether a current or prospective employee who provides or may provide direct services is the perpetrator in an indicated report of child abuse or neglect


Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation: Comp. Stat. Ch. 325, § 5/7.7
There shall be a central register of all cases of suspected child abuse or neglect maintained by the Department of Children and Family Services.

Purpose
Citation: Comp. Stat. Ch. 325, § 5/7.7
The register shall enable the department to:
Immediately identify and locate prior reports of child abuse or neglect
Continuously monitor the current status of all reports
Regularly evaluate the effectiveness of laws and programs through the development and analysis of statistical and other information


Contents
Citation: Comp. Stat. Ch. 325, §§ 5/7.7; 5/7.8; 5/7.15
The central register shall record all initial, preliminary, and final reports. The names and other identifying data and the dates and the circumstances of any persons requesting or receiving information from the central register shall be entered in the register record.
The central register may contain such other information that the department determines to be in furtherance of the purposes of this Act.

Maintenance
Citation: Comp. Stat. Ch. 325, § 5/7.7
The department shall maintain in the central register:

A listing of unfounded reports where the subject of the unfounded report requests that the record not be expunged because the subject alleges an intentional false report was made
A listing of unfounded reports where the report was classified as a priority one or priority two report in accordance with the department's rules or the report was made by a mandated reporter
A listing for 3 years of unfounded reports involving the death, sexual abuse, or serious physical injury of a child

Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: Ill. Comp. Stat. Ann. Ch. 325, § 5/9 (LexisNexis through 9-12-08)
Statute:
Any person, institution, or agency that, under the reporting laws, participates in good faith in making a report or referral; the investigation of such a report or referral; taking photographs and x-rays; retaining a child in temporary protective custody; or making a disclosure of information concerning reports of child abuse and neglect in compliance with chapter 325, sections 5/4, 5/4.2, or 5/11.1, as it relates to disclosure by school personnel--and except in cases of willful or wanton misconduct--shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions.
For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or who are permitted to report, cases of suspected child abuse or neglect...shall be presumed.

Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Cons. Stat. Ch. 325, § 5/4; 5/7
All reports of suspected child abuse or neglect shall be made immediately by telephone to the central register, on the single, statewide, toll-free telephone number; in person; or by telephone through the nearest Department of Children and Family Services office.
All reports by mandated reporters shall be confirmed in writing to the appropriate child protective service unit, which may be on forms supplied by the department, within 48 hours of any initial report.

Written confirmation reports from persons not required to report may be made to the appropriate child protective service unit.

Content of Reports
Citation: Cons. Stat. Ch. 325, §§ 5/7; 5/9
The initial oral report shall include, if known:

The name and address of the child and his or her parents or other persons having custody
The child's age
The nature of the child's condition including any evidence of previous injuries or disabilities
Any other information that the person filing the report believes might be helpful in establishing the cause of the abuse or neglect and the identity of the person believed to have caused the abuse or neglect
Initial written reports from the reporting source shall contain the following information to the extent known at the time the report is made:

The names and addresses of the child and his or her parents or other persons responsible for his or her welfare
The name and address of the school that the child attends or last attended, if the report is written during the summer when school is not in session
The name of the school district in which the school is located, if applicable
The child's age, sex, and race
The nature and extent of the child's abuse or neglect, including any evidence of prior injuries, abuse, or neglect of the child or his or her siblings
The names of the persons apparently responsible for the abuse or neglect
Family composition, including names, ages, sexes, and races of other children in the home
The name of the person making the report, his or her occupation, and where he or she can be reached
The actions taken by the reporting source, including the taking of photographs and x-rays, placing the child in temporary protective custody, or notifying the medical examiner or coroner
Any other information the person making the report believes might be helpful


Special Reporting Procedures

Suspicious Deaths
Citation: Cons. Stat. Ch. 325, § 5/4.1
A mandated reporter or any other person who has reasonable cause to believe that a child has died as a result of abuse or neglect shall report to the appropriate medical examiner.
The medical examiner or coroner shall investigate the report and communicate any apparent gross findings orally, immediately upon completion of the gross autopsy, but in all cases within 72 hours, and within 21 days in writing, to the local law enforcement agency, the appropriate State's attorney, the department, and, if the institution making the report is a hospital, the hospital.

Substance-Exposed Infants
Citation: Cons. Stat. Ch. 325, § 5/7.3b
All mandated reporters may refer to the department any pregnant person who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act.

Screening Reports
Citation: Cons. Stat. Ch. 325, §§ 5/7.3; 5/7.4; 7.12 Admin. Code Tit. 89, §§ 300.100; 300.110
The department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect, except where investigations by other agencies may be required with respect to reports alleging the death, serious injury, or sexual abuse to a child. The department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 days a week.

If it appears that the immediate safety or well-being of a child is endangered, that the family may flee, or the child disappear, child protection services (CPS) shall commence an investigation immediately, regardless of the time of day or night. In all other cases, an investigation shall begin within 24 hours.

After seeing to the safety of the child or children, the department shall notify the subjects of the report in writing of the existence of the report and their rights in regard to amendment or expunction.

The CPS unit shall determine, within 60 days, whether the report is ''indicated'' or ''unfounded'' and report it forthwith to the central register. When it is not possible to initiate or complete an investigation within 60 days, the report may be deemed ''undetermined'' provided every effort has been made to undertake a complete investigation. The department may extend the period in which such determinations must be made in individual cases for additional periods of up to 30 days each for good cause shown.

Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Comp. Stat. Ch. 325, § 5/4; Ch. 720, § 5/11-20.2

The following persons are required to report:
Physicians, residents, interns, hospital administrators and personnel, surgeons, dentists, dental hygienists, osteopaths, chiropractors, podiatrists, physician assistants, or substance abuse treatment personnel
Funeral home directors or employees, coroners, or medical examiners
Emergency medical technicians, acupuncturists, or crisis line or hotline personnel
School administrators and school employees, educational advocates, or truant officers
Members of a school board or the Chicago Board of Education
Members of the governing body of a private school
Social workers, social services administrators, or domestic violence program personnel
Nurses, genetic counselors, respiratory care practitioners, advanced practice nurses, home health aides, directors or staff assistants of nursery schools or child care centers, or recreational program or facility personnel
Law enforcement officers or probation officers
Licensed professional counselors, psychologists, or psychiatrists
Field personnel of the Department of Healthcare and Family Services, Juvenile Justice, Public Health, Human Services, Corrections, Human Rights, or Children and Family Services
Supervisors and administrators of general assistance under the Illinois Public Aid Code
Foster parents, homemakers, or child care workers
Members of the clergy
Commercial film and photographic print processors


Reporting by Other Persons
Citation: Comp. Stat. Ch. 325, § 5/4

Any other person who has reasonable cause to believe that a child is abused or neglected may report.

Standards for Making a Report
Citation: Comp. Stat. Ch. 325, § 5/4; Ch. 720, § 5/11-20.2

A report is required when:
A reporter has reasonable cause to believe that a child known to him or her in his or her professional capacity may be abused or neglected.
Commercial film and photographic print processors have knowledge of or observe any film, photograph, videotape, negative, or slide that depicts a child engaged in any sexual conduct.


Privileged Communications
Citation: Comp. Stat. Ch. 325, § 5/4; Ch. 735, § 5/8-803

The privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report.
A member of the clergy shall not be compelled to disclose a confession or admission made to him or her as part of the discipline of the religion.


Inclusion of Reporter's Name in Report
Citation: Comp. Stat. Ch. 325, § 5/7.9

The report shall include the name, occupation, and contact information of the person making the report.

Disclosure of Reporter Identity
Citation: Comp. Stat. Ch. 325, § 5/11.1a

Any disclosure of information shall not identify the person making the report.


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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: Ill. Comp. Stat. Ann. Ch. 325, § 5/3 (LexisNexis through 2009 Reg. Sess.)

Statute Text:

''Abused child'' means a child whose parent or immediate 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 causes to be sold, transferred, distributed, or given to such child under age 18, a controlled substance, as defined by law, or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription.
''Neglected child'' means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided 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 otherwise is not receiving the proper or necessary support 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; or who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care;... or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in the Illinois Controlled Substances Act or a metabolite thereof.

Citation: Ill. Comp. Stat. Ann., Ch. 720, § 646/50 (LexisNexis through 2009 Reg. Sess.)

Statute Text:

Methamphetamine-related child endangerment:

It is unlawful to engage in methamphetamine-related child endangerment. A person engages in methamphetamine-related child endangerment when the person knowingly endangers the life and health of a child by exposing or allowing exposure of the child to a methamphetamine-manufacturing environment.
A person who violates this paragraph is guilty of a Class 2 felony.
Aggravated methamphetamine-related child endangerment:

It is unlawful to engage in aggravated methamphetamine-related child endangerment. A person engages in aggravated methamphetamine-related child endangerment when the person [commits methamphetamine-related child endangerment] and the child experiences death, great bodily harm, disability, or disfigurement as a result of the methamphetamine-related child endangerment.
A person who violates this paragraph is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.


Citation: Ill. Comp. Stat. Ann. Ch. 705, § 405/2-3(1)(c) (LexisNexis through 2009 Reg. Sess.)

Statute Text:

Those who are neglected include any newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined § 102(f) of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the mother or the newborn infant.

Citation: Ill. Comp. Stat. Ann. Ch. 325, § 5/7.3b (LexisNexis through 2009 Reg. Sess.)

Statute Text:

All persons required to report may refer to the Department of Human Services any pregnant person in this State who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act.
The Department of Human Services shall notify the local Infant Mortality Reduction Network service provider or department-funded prenatal care provider in the area in which the person resides. The service provider shall prepare a case management plan and assist the pregnant woman in obtaining counseling and treatment from a local substance abuse service provider licensed by the Department of Human Services or a licensed hospital that provides substance abuse treatment services. The local Infant Mortality Reduction Network service provider and department-funded prenatal care provider shall monitor the pregnant woman through the service program.



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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Comp. Stat. Ch. 325, §§ 5/4; 5/4.02

Any physician who willfully fails to report suspected child abuse or neglect shall be referred to the Illinois State Medical Disciplinary Board for action in accordance with the Medical Practice Act of 1987. Any dentist or dental hygienist who willfully fails to report suspected child abuse or neglect shall be referred to the Department of Professional Regulation for action in accordance with the Illinois Dental Practice Act.
Any mandatory reporter who willfully fails to report suspected child abuse or neglect shall be guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.

Any person who knowingly and willfully violates any provision of this Section is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation.

If the person acted as part of a plan or scheme having as its object the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.

False Reporting
Comp. Stat. Ch. 325, § 5/4

Any person who knowingly transmits a false report to the department commits the offense of disorderly conduct. Any person who violates this provision a second or subsequent time shall be guilty of a Class 3 felony.

Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Comp. Stat. Ch. 325, § 5/7.16

Within 60 days after the completion of the Child Protective Service Unit investigation, the subject of a report may request the Department of Children and Family Services to amend the record or remove the record of the report from the register. Such request shall be in writing and directed to such person as the department designates in the notification.
If the department disregards any request to do so or does not act within 10 days, the subject shall have the right to a hearing within the department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act.

There shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect. The report's accuracy shall be conclusively presumed on such finding.

In the hearing, the burden of proving the accuracy and consistency of the record shall be on the department and the appropriate Child Protective Service Unit. The hearing shall be conducted by the director or his designee, who is hereby authorized and empowered to order the amendment or removal of the record to make it accurate and consistent with this act.

The decision shall be made, in writing, at the close of the hearing, or within 45 days thereof, and shall state the reasons upon which it is based. Should the department grant the request of the subject of the report either on administrative review or after administrative hearing to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance with the standards set forth in chapter 325, § 5/7.14.

When Records Must Be Expunged
Comp. Stat. Ch. 325, § 5/7.14

All reports in the central register shall be classified in one of three categories: ''indicated,'' ''unfounded,'' or ''undetermined,'' as the case may be. All information identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in chapter 325, § 5/7.7.

Identifying information on all other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is received involving the same child, his sibling or offspring, or a child in the care of the persons responsible for the child's welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after the subsequent case or report is closed.
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CHILD WELFARE
www.ilga.gov/legislation/ilcs/ilcs.asp
Citations:

Adoption: Chapter 750 ILCS 50, 55
Child Protection: Chapter 325 ILCS 2. 5, 15
Child Welfare: Chapter 20 ILCS 505, 520; Chapter 705 ILCS 405/ Article II

Regulation/Policy

Website for Administrative Code: www.ilga.gov/commission/jcar/admincode/089/089parts.html

Websites for Agency Policies: http://www.state.il.us/dcfs/policy/index.shtml
http://dcfswebresource.prairienet.org/

Other Resources

epartment of Children and Family Services

Manual for Mandated Reporters
www.state.il.us/DCFS/docs/Mandated.pdf (PDF - 408 KB)
Foster Family Handbook
www.state.il.us/dcfs/library/com_communications_sumlicen_FPbook.shtml
Substitute Care and Your Child
www.state.il.us/dcfs/library/com_communications_sumlicen_subchild.shtml
Crossroads: A Handbook for Youth in Transition to Adulthood
www.state.il.us/DCFS/docs/Crossroads.pdf (PDF - 1490 KB)
Protecting the Children: A School Administrator's Guide to Child Welfare Services in Illinois
www.state.il.us/dcfs/library/com_communications_protect.shtml


Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Comp. Stat. Ch. 20, § 505/7
A relative is any person, age 21 or older, who is related to the child by blood or adoption, such as a grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, second cousin, godparent, great-aunt, great-uncle, and the spouse of any such relative. A relative may also include a stepparent or adult stepbrother or stepsister.
A relative also includes a person related in any of the above ways to a sibling of a child, even though the person is not related to the child, when the child and his or her sibling are placed together with that person.

For children who have been in the guardianship of the department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the department, a relative may also include any person who would have qualified as a relative prior to the adoption, but only if the department determines that it would be in the child's best interests to consider this person a relative.

Requirements for Placement with Relatives
Citation: Comp. Stat. Ch. 20, § 505/7
The relative must be able to adequately provide for the child's safety and welfare based on the factors set forth in the department's rules governing relative placements. The placement must be consistent with the child's best interests.

When the department first assumes custody of a child, the department shall make reasonable efforts to identify and locate a relative who is ready, willing, and able to care for the child.

The department may not place a child with a relative if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the relative or any adult member of the relative's household for a criminal offense, including:

Murder, manslaughter, or reckless homicide
Homicide of an unborn child
Drug-induced homicide or infliction of bodily harm
A sex offense
Kidnapping or child abduction
Heinous battery or aggravated battery with a firearm
Tampering with food, drugs, or cosmetics
Home or vehicular invasion
Criminal transmission of HIV
Criminal abuse or neglect of an elderly or disabled person
Child abandonment or endangerment
Ritualized abuse of a child
A relative with whom a child is placed may, but is not required to, apply for licensure as a foster family home. As of July 1, 1995, foster care payments shall be made only to licensed foster family homes.

Relatives Who May Adopt
Citation: Comp. Stat. Ch. 20, § 505/7

A relative is any person, age 21 or older, who is related to the child by blood or adoption, such as a grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, second cousin, godparent, great-aunt, great-uncle, and the spouse of any such relative. A relative may also include a stepparent or adult stepbrother or stepsister.

A relative also includes a person related in any of the above ways to a sibling of a child, even though the person is not related to the child, when the child and his or her sibling are placed together with that person.

For children who have been in the guardianship of the department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the department, a relative may also include any person who would have qualified as a relative prior to the adoption, but only if the department determines that it would be in the child's best interests to consider this person a relative.

Requirements for Adoption by Relatives
Citation: Comp. Stat. Ch. 20, § 505/7
The relative must be able to adequately provide for the child's safety and welfare based on the factors set forth in the department's rules governing relative placements. The placement must be consistent with the child's best interests.

When the department first assumes custody of a child, the department shall make reasonable efforts to identify and locate a relative who is ready, willing, and able to care for the child.

The department may not place a child with a relative if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the relative or any adult member of the relative's household for a criminal offense, including:

Murder, manslaughter, or reckless homicide
Homicide of an unborn child
Drug-induced homicide or infliction of bodily harm
A sex offense
Kidnapping or child abduction
Heinous battery or aggravated battery with a firearm
Tampering with food, drugs, or cosmetics
Home or vehicular invasion
Criminal transmission of HIV
Criminal abuse or neglect of an elderly or disabled person
Child abandonment or endangerment
Ritualized abuse of a child

Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Cons. Stat. Ch. 325, § 5/8.2
''Family preservation services'' refer to all services to help families, including adoptive and extended families, and may include, but is not limited to, homemakers, counseling, family therapy, group therapy, self-help groups, drug and alcohol abuse counseling, vocational counseling and postadoptive services.

When Reasonable Efforts Are Required
Citation: Cons. Stat. Ch. 20, § 505/5
The department shall offer family preservation services to help families, including adoptive and extended families. Such services shall be offered:
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
To reunite children with their families
To maintain an adoptive placement
Family preservation services shall only be offered when doing so will not endanger the children's health or safety. The child and his or her family shall be eligible for services as soon as the report of suspected child abuse or neglect is determined to be ''indicated.'' The department may also provide services to any child or family when the report of suspected abuse or neglect 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.

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 reunify the family when temporary placement of the child occurs unless otherwise required.

When Reasonable Efforts Are NOT Required
Citation: Cons. Stat. Ch. 20, § 505/5; Ch. 705, § 405/2-13.1
When 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 court shall grant this motion with respect to a parent of the minor if the court finds after a hearing that the parent has:

Had his or her parental rights to another child involuntarily terminated
Been convicted of:
First degree or second degree murder of another child of the parent
Attempt, conspiracy, or solicitation to commit first degree or second degree murder of another child of the parent
Aggravated battery, aggravated battery of a child, or felony domestic battery, any of which has resulted in serious bodily injury to the minor or another child of the parent
An offense in any other State substantially similar to any of the above offenses
The department is not required to provide further reunification services after such a finding.


Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.

Who Can Nominate a Standby Guardian
Citation: Comp. Stat. Ch. 755 § 5/11-5.3
A parent, adoptive parent, adjudicated parent whose rights have not been terminated, or legal guardian may designate a standby guardian.

How to Establish a Standby Guardian
Citation: Comp. Stat. Ch. 755 §§ 5/11-5.3; 5/11-10.1
A standby guardian may be designated in any writing, including a will. The designation must be witnessed by two or more credible witnesses who are at least age 18, neither of whom is the person designated as the standby guardian.
Upon the filing of a petition, the court may appoint a standby guardian. Children age 14 and older must be notified of the hearing.

The standby guardian must take an oath or affirmation that he or she will faithfully discharge the duties of guardianship and may be required to file a bond once duties are assumed.

How Standby Authority is Activated
Citation: Comp. Stat. Ch. 755 § 5/11-13.1
The standby guardian shall not have any duties or authority to act until the standby guardian receives knowledge of:

The death or consent of the minor's parent or parents or guardian
The inability of the minor's parent or parents or guardian to make and carry out day-to-day child care decisions concerning the minor
When the triggering event has occurred, the standby guardian has 60 days to file confirming documents and petition the court for guardianship.

Involvement of the Noncustodial Parent
Citation: Comp. Stat. Ch. 755 § 5/11-5.3
The designation of a standby guardian does not affect the rights of the other parent of the child.

The court lacks jurisdiction to proceed on a petition to appoint a guardian if the minor has a living, adoptive, or adjudicated parent whose parental rights have not been terminated, and whose whereabouts are known, and who is willing to assume day-to-day care of the child, unless the parent consents or fails to object after receiving notice of the petition.

Authority Relationship of the Parent and the Standby
Citation: Comp. Stat. Ch. 755 § 5/11-13.1
Once the guardianship has been activated, the standby guardian assumes all duties as guardian of the minor.

Withdrawing Guardianship
Citation: Comp. Stat. Ch. 755 § 5/11-13.1
The authority of the standby guardian may be limited or terminated by a court of competent jurisdiction.


Notwithstanding any other provision of this section, identifying information in indicated reports involving serious physical injury to a child, as defined by the department in rules, may be retained longer than 5 years after the report is indicated or after the subsequent case or report is closed and may not be removed from the register except as provided by the department in rules.

Identifying information in indicated reports involving sexual penetration, sexual molestation, sexual exploitation, torture, or death of a child shall be retained for a period of not less than 50 years after the report is indicated or after the subsequent case or report is closed.
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ADOPTION

Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.

Who May Access Information
Citation: Comp. Stat. Ch. 750, §§ 50/18.1; 50/18.4

The following persons may apply to the Illinois Adoption Registry:
Either birth parent
If the birth parent is deceased, the adoptee's adult birth sibling or a birth aunt or birth uncle
Any adult adoptee or any adoptive parent or legal guardian of an adoptee under age 21
If the adoptee is deceased, any surviving spouse or adult child
Any adoptive parent or legal guardian of a deceased adult adoptee
Nonidentifying information may be provided to the adoptive parents, the adoptee, or legal guardian who is a registrant of the Illinois Adoption Registry.

Access to Nonidentifying Information
Citation: Comp. Stat. Ch. 750, § 50/18.4

The adoptive parents shall receive in writing the following nonidentifying information, if known, not later than the date of placement of the child:

The birth parents' age
The birth parents' race, religion, and ethnic background
The general physical appearance of the birth parents
The birth parents' education, occupation, hobbies, interests, and talents
The existence of any other children born to the birth parents
Information about birth grandparents, their reason for emigrating into the United States, if applicable, and country of origin
The relationship between the birth parents
Detailed medical and mental health histories of the child, the birth parents, and their immediate relatives
The actual date and place of birth of the adoptee
No information provided under this subsection shall disclose the name or last known address of the birth parents, grandparents, the siblings of the birth parents, the adoptee, or any other relative of the adoptee.

Any adoptee age 18 or older shall be given the information listed above upon request.

The Illinois Adoption Registry shall release any nonidentifying information above that appears on the certified copy of the original birth certificate or the Certificate of Adoption to an adoptee, adoptive parent, or legal guardian who is a registrant of the Illinois Adoption Registry.

Mutual Access to Identifying Information
Citation: Comp. Stat. Ch. 750, §§ 50/18.1; 50/18.3a

The Department of Public Health shall establish and maintain a Registry for the purpose of providing identifying information to mutually consenting members of birth and adoptive families. Identifying information shall include one or more of the following:

The name and last known address of the consenting person
A copy of the Illinois Adoption Registry Application of the consenting person
A copy of the original birth certificate of the adoptee
Each registrant may indicate whether exchange of information is authorized or denied. Written authorization from all parties must be received prior to disclosure of any identifying information. If information is disclosed, the department shall redact it to remove any identifying information about any party who has not consented to the disclosure of identifying information. Any other disclosure of information requires a court order.

Any adult adoptee, adoptive parent or legal guardian of an adopted minor, or birth parent of an adult adoptee may petition the court for appointment of a confidential intermediary for the purpose of exchanging medical information, obtaining identifying information, or arranging contact with one or more mutually consenting birth relatives.

Beginning 1-1-2006, any adult adoptee, adoptive parent or legal guardian of a minor adoptee, any birth parent, sibling, aunt, or uncle of an adult adoptee, or any surviving child, adoptive parent, or surviving spouse of a deceased adoptee who wishes to petition the court for the appointment of a confidential intermediary shall be required to accompany their petition with proof of registration with the Illinois Adoption Registry and Medical Information Exchange.

Access to Original Birth Certificate
Citation: Comp. Stat. Ch. 750, § 50/18.05; Ch. 410, § 535/17

For adoptions finalized after 1-1-2000, a copy of the original birth certificate is provided through the adoption registry.

For adoptions finalized prior to 1-1-2000, the original birth certificate is available only upon a court order or as provided by regulation.

Where the Information Can Be Located

Illinois Adoption Registry, Illinois Department of Public Health

Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.

Agency or Person Gathering Information or Preparing Report
Citation: Comp. Stat. Ch. 750 §§ 50/6; 50/18.4
An investigation of the adoptive parents shall be performed by:
A child welfare agency approved by the Department of Children and Family Services
A person deemed competent by the court
In Cook County, the Court Services Division of the Cook County Department of Public Aid
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
A report on the birth family shall be prepared by:

A child-placing agency
The Department of Children and Family Services


Contents of Report About Person to be Adopted
Citation: Comp. Stat. Ch. 750 §§ 50/18.4; 50/18.05; 50/6
Information about the child includes:
The actual date and place of birth
The child's medical and mental health history
The child's religion, if ascertainable
Whether the child is a proper subject for adoption


Contents of Report About Birth Parents
Citation: Comp. Stat. Ch. 750 § 50/18.4
The following nonidentifying information about the birth parents shall be provided to the adoptive parents:
The age of the birth parents
Their race, religion, and ethnic background
The birth parents' general physical appearance
Their education, occupation, hobbies, interests, and talents
The existence of other children born to the birth parents
Information about birth grandparents
Their country of origin and reason for emigrating, if applicable
The relationship between the birth parents
A detailed medical and health history of the birth parents and immediate relatives


Contents of Report About Adoptive Parents
Citation: Comp. Stat. Ch. 750 § 50/6
The investigation of the adoptive parents shall include:
A determination of the character, reputation, health, and general standing in the community of the petitioners
The religious faith of the petitioners
Whether the petitioners are proper persons to adopt the child
A fingerprint-based criminal background check

Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Cons. Stat. Ch. 750 § 50/8(b)
Consent is required of the following persons:
The mother
The father if the father:
Was married to the mother on the date of birth of the child or within 300 days before the birth of the child
Is the father by adoption, an order of parentage, or an acknowledgment of parentage or paternity
Openly lived with the child, the child's biological mother, or both, and held himself out to be the child's biological father
Made 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
Has maintained substantial and continuous or repeated contact with the child
Has registered in a timely manner with the Putative Father Registry
The legal guardian of the person of the child, if there is no surviving parent
An agency, if the child has been surrendered for adoption to such agency
Any person or agency having legal custody of a child by court order, if the parental rights of the parents have been terminated


Age When Consent of Adoptee is Considered or Required
Citation: Comp. Stat. Ch. 750 § 50/12
A child age 14 or older must consent. The court may waive consent if child is in need of mental treatment or is mentally retarded.

When Parental Consent is not Needed
Citation: Comp. Stat. Ch. 750 § 50/8(a)
Consent is not required when the person whose consent or surrender would otherwise be required shall be found by the court:
To be an unfit person
Not to be the biological or adoptive father of the child
To have waived his or her parental rights to the child
To be the parent of an adult sought to be adopted
To be the father of the child as a result of criminal sexual abuse or assault
To be the father of a child who:
Is a family member of the mother of the child, and the mother is under age of 18 at the time of the child's conception
Is at least 5 years older than the child's mother, and the mother was under age 17 at the time of the child's conception, unless the mother and father voluntarily acknowledge the father's paternity of the child by marrying or by establishing the father's paternity


When Consent Can Be Executed
Citation: Comp. Stat. Ch. 750 § 50/9
The mother's consent shall not be taken less than 72 hours after the child's birth. A father may consent before or after the birth of the child.
Consent may be given to a standby adoption by a terminally ill parent, to become effective when the parent dies or requests finalization.

How Consent Must Be Executed
Citation: Comp. Stat. Ch. 750 §§ 50/8; 50/10
The execution and verification of the petition by any petitioner who is also a parent of the child sought to be adopted shall be sufficient evidence of such parent's consent to the adoption.

Consent to an agency may be taken by an agency representative. In a direct placement, consent is acknowledged in court unless the court waives the appearance.

If the person signing a consent is in the military service of the U.S., the consent may be acknowledged before a commissioned officer, and the signature of such officer on such certificate shall be verified or acknowledged before a notary public.

Forms to be used are contained in the statute.

Revocation of Consent
Citation: Comp. Stat. Ch. 750 §§ 50/11; 50/9
A consent to adoption by a parent, including a minor, shall be irrevocable unless it was obtained by fraud or duress. No action to void or revoke a consent, including an action based on fraud or duress, may be commenced after 12 months from the date the consent was executed.

The consent or surrender of a parent who is a minor shall not be voidable because of such minority.

If the father consents before the birth of the child, such consent may be revoked within 72 hours after the birth.

Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.

Jurisdiction
Citation: Comp. Stat. Ch. 750 § 50/4
The circuit court in the relevant county has jurisdiction over adoption petitions.

Venue
Citation: Comp. Stat. Ch. 750 § 50/4

Venue is in the county where the petitioner(s) or birth parents reside, or the person to be adopted resides or was born.
If an agency or guardian has custody and control of a child and is authorized to consent to the adoption, the proceeding may be commenced in any county the agency or guardian chooses.

State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.

Effect and Recognition of a Foreign Adoption Decree
Citation: 750 Ill. Comp. Stat. §§ 50/4.1(c)(8) & 50/6(b)

When a child is adopted in a foreign country and a final, complete, and valid order of adoption is issued in that country, as determined by both the U.S. Department of State and the U.S. Department of Justice, this State shall not impose any additional preadoption requirements. The adoptive family, however, must comply with applicable requirements of the U.S. Department of Immigration and Naturalization Service*, as provided in § 204.4 (d)(2)(ii) of title 8 of the Code of Federal Regulations, as now or hereafter amended.
In the case of a child born outside the United States or a Territory thereof, in addition to the investigation required under § 50/6(A), a postplacement investigation shall be conducted in accordance with the requirements of the Child Care Act of 1969 [225 ILCS 10/1, et seq.], the Interstate Compact on the Placement of Children [45 ILCS 15/0.01, et seq.], and regulations of the foreign placing agency and the supervising agency.

The requirements of a postplacement 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.

[*As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.]

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate
Citation: 410 Ill. Comp. Stat. § 535/16.1

The State Registrar of Vital Records will issue a record of foreign birth for a foreign-born person who has an IR-3 visa and who was adopted under the laws of a foreign country by a State resident, when it receives:

Evidence as to the child’s birth date and birthplace provided by the original birth certificate, or by a certified copy, extract, or translation of the original certificate, or by other document that is essentially equivalent
A certified copy, extract, or translation of the adoption decree or by other document that is essentially equivalent
A copy of the IR-3 visa
The name and address of the adoption agency that handled the adoption
The record of foreign birth will include:

The actual place and date of birth
The child's name and parentage as ordered in the judgment of adoption
Any other necessary facts

Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Cons. Stat. Tit. 755, § 5/2-4(b), (d)
The birth parent and lineal and collateral kindred of the birth parent shall take from the adopted person and the adopted person's kindred the property that the adopted person has taken from or through the birth parent or birth relatives by gift, will, or under intestate laws.
For purposes of inheritance from or through a birth parent, an adopted child is not a child of a birth parent, nor is the child a descendant of a birth parent or of any lineal or collateral kindred of a birth parent, unless one or more of the following conditions apply:

The child is adopted by a descendant or a spouse of a descendant of a great-grandparent of the child, in which case the adopted child is a child of both birth parents.
A birth parent of the adopted child died before the child was adopted, in which case the adopted child is a child of that deceased parent and an heir of the lineal and collateral kindred of that deceased parent.
The contrary intent is demonstrated by the terms of the instrument by clear and convincing evidence.


Adoptive Parents in Relation to Adopted Person
Citation: Cons. Stat. Tit. 755, § 5/2-4(a), (b)
An adopted child is a descendant of the adopting parent for purposes of inheritance from the adopting parent and from the lineal and collateral kindred of the adopting parent and for the purpose of determining the property rights of any person under any instrument, unless the adopted child is adopted after age 18 and never resided with the adopting parent before age 18, in which case the adopted child is a child of the adopting parent but is not a descendant of the adopting parent for the purposes of inheriting from the lineal or collateral kindred of the adopting parent.
An adopting parent and the lineal and collateral kindred of the adopting parent shall inherit property from an adopted child to the exclusion of the birth parent and the lineal and collateral kindred of the birth parent in the same manner as though the adopted child were a birth child of the adopting parent.

Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.

These issues are not addressed in statutes reviewed.
(Back to Top)

Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.

Birth Parent Expenses Allowed
Citation: Comp. Stat. Ch. 720 §§ 525/4; 4.1

The provisions of this Act shall not be construed to prevent the payment by a person with whom a child has been placed for adoption of reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of such child, if such payment is made to the physician or hospital who or which rendered the services or to the birth mother of the child or to prevent the receipt of such payment by such physician, hospital, or mother.
The prospective adoptive parents also are permitted to pay the reasonable living expenses of the birth parents of the child sought to be adopted. ''Reasonable living expenses'' means those expenses related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the birth parents during the birth mother's pregnancy and for no more than 120 days prior to the birth mother's expected date of delivery and for no more than 60 days after the birth of the child.

The adopting parents shall be permitted to pay the reasonable attorney's fees of the birth parents' attorney in connection with proceedings under this Act or in connection with proceedings for the adoption of the child.

Birth Parent Expenses Not Allowed
Citation: Comp. Stat. Ch. 720 § 525/4.1(a)
The term ''reasonable living expenses'' does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the biological parents.

Allowable Payments for Arranging Adoption
Citation: Comp. Stat. Ch. 720 § 525/1
No person or organization, except a child welfare agency, shall request or accept any compensation for placing a child.

Allowable Payments for Relinquishing Child
Citation: Comp. Stat. Ch. 720 § 525/4.1(d)
Payment of their reasonable living expenses shall not obligate the birth parents to place the child for adoption. In the event the birth parents choose not to place the child for adoption, the adopting parents shall have no right to seek reimbursement from the birth parents, or from any relative or associate of the birth parents.

Allowable Fees Charged by Department/Agency
Citation: Comp. Stat. Ch. 720 § 525/2
No person shall pay or give any compensation to any person or organization for placing a child, except for a child welfare agency.

Accounting of Expenses Required by Court
Citation: Comp. Stat. Ch. 720 § 525/4.1; Ch. 750 § 50/14
Within 14 days after the completion of all payments for reasonable living expenses of the birth parents, the adopting parents shall present a final accounting of all those expenses to the court.

Prior to the entry of the judgment for order of adoption in any case other than an adoption of a related child, each petitioner and each person, agency, association, corporation, institution, society or organization involved in the adoption of the child, except a child welfare agency, shall execute an affidavit setting forth the hospital and medical costs, legal fees, counseling fees, and any other fees or expenditures paid in accordance with the Adoption Compensation Prohibition Act.

Each child welfare agency involved in the adoption of the child shall file an affidavit concerning the costs, expenses, contributions, fees, compensation, or other things of value that have been given, promised, or received, including, but not limited to, hospital and medical costs, legal fees, social services, living expenses, or any other expenses related to the adoption.

If the total amount is $4,500 or more, the affidavit shall contain an itemization of expenditures.
If the total amount is less than $4,500, the agency may file an unitemized affidavit stating that the total amount paid is less than $4,500 unless the court, in its discretion, requires the agency to file an itemized affidavit.

Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Comp. Stat. Ch. 750 § 45/2; 45/5

''Parent and child relationship'' means the legal relationship existing between a child and his natural or adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.
A man is presumed to be the natural father of a child if:

He and the child's mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage.
After the child's birth, he and the child's mother have married each other, even though the marriage is or could be declared invalid, and he is named, with his written consent, as the child's father on the child's birth certificate.
He and the child's mother have signed an acknowledgment of paternity.
He and the child's mother have signed an acknowledgment of parentage or, if the natural father is someone other than one presumed to be the father, an acknowledgment of parentage and denial of paternity in accordance with Ch. 410, § 535/12.


Putative father registry
Comp. Stat. Ch. 750 § 50/12.1

The Department of Children and Family Services shall establish a Putative Father Registry for the purpose of determining the identity and location of a putative father of a minor child who is, or is expected to be, the subject of an adoption proceeding, in order to provide notice of such proceeding to the putative father. A putative father may register with the Department before the birth of the child but shall register no later than 30 days after the birth of the child. All registrations shall be in writing and signed by the putative father.
Except as provided in Ch. 750, § 50/8(b) of (c), a putative father who fails to register with the Putative Father Registry is barred from thereafter bringing or maintaining any action to assert any interest in the child, unless he proves by clear and convincing evidence that:

It was not possible for him to register within the period of time specified above.
His failure to register was through no fault of his own.
He registered within 10 days after it became possible for him to file.
Except as provided in Ch. 750, § 50/8(b) or (c), failure to timely register with the Putative Father Registry shall:

Be deemed to be a waiver and surrender of any right to notice of any hearing in any judicial proceeding for the adoption of the child, and the consent or surrender of that person to the adoption of the child is not required
Constitute an abandonment of the child and shall be prima facie evidence of sufficient grounds to support termination of such father's parental rights


Alternate means to establish paternity
Comp. Stat. Ch. 750, § 45/7; Ch. 410, § 535/12

An action to determine the existence of the father and child relationship, whether or not such a relationship is already presumed under Ch. 750, § 45/5, may be brought by:
The child
The mother
A pregnant woman
Any person or public agency who has custody of, or is providing or has provided financial support to, the child
The Illinois Department of Public Aid if it is providing or has provided financial support to the child or if it is assisting with child support collection services
A man presumed or alleging himself to be the father of the child or expected child
Upon the birth of a child to an unmarried woman, or upon the birth of a child to a woman who was married at the time of conception or birth and whose husband is not the biological father of the child, the institution at the time of birth and the local registrar or county clerk after the birth shall provide:

An opportunity for the child's mother and father to sign an acknowledgment of parentage
If the presumed father is not the biological father, an opportunity for the mother and presumed father to sign a denial of paternity
The signing and witnessing of the acknowledgment of parentage or, if the presumed father of the child is not the biological father, the acknowledgment of parentage and denial of paternity conclusively establishes a parent and child relationship in accordance with Sections 5 and 6 of the Illinois Parentage Act of 1984 [Ch. 750, §§ 45/5 and 45/6].

Required Information
Comp. Stat. Ch. 750 § 50/12.1

The Department shall maintain the following information in the Registry:
With respect to the putative father:
The name, including any other names by which the putative father may be known and that he may provide to the Registry
The address at which he may be served with notice of an adoption petition, including any change of address
His Social Security number
His date of birth
If applicable, a certified copy of an order by a court of this State or of another State or territory of the United States adjudicating the putative father to be the father of the child
With respect to the mother of the child:
The name, including all other names known to the putative father by which the mother may be known
If known to the putative father, her last address, Social Security number, and date of birth
If known to the putative father, the name, gender, place of birth, and date of birth or anticipated date of birth of the child
The date that the department received the putative father's registration
Other information as the department may by rule determine necessary for the orderly administration of the Registry


Revocation of claim to paternity
Comp. Stat. Ch. 750, § 45/5

An acknowledgment of paternity is conclusive unless the acknowledgment of parentage is rescinded, under the process provided in Ch. 410, § 535/12, upon the earlier of:
60 days after the date the acknowledgment of parentage is signed
The date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party
If a minor has signed the acknowledgment of paternity, the presumption becomes conclusive 6 months after the minor reaches majority or is otherwise emancipated.

Access to information
Comp. Stat. Ch. 750 § 50/12.1

The following persons may request the department to search the Registry to determine whether a putative father is registered in relation to a child who is or may be the subject to an adoption petition:

An interested party, including persons intending to adopt a child
A child welfare agency with whom the mother has placed or has given written notice of her intention to place a child for adoption
The mother of the child
An attorney representing an interested party
Except as provided above, information contained within the Registry is confidential and shall not be published or open to public inspection.

Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.

Use of Advertisement
Citation: Cons. Stat. Tit. 225, § 10/12

Advertise means communication by any public medium originating or distributed in this State, including, but not limited to, newspapers, periodicals, telephone book listings, outdoor advertising signs, radio, or television.
A child care facility or child welfare agency licensed or operating under a permit issued by the department may publish advertisements for the services that the facility is specifically licensed or issued a permit to provide. A person, group of persons, agency, association, organization, corporation, institution, center, or group that advertises or publishes any advertisement offering, soliciting, or promising to perform adoption services is guilty of a misdemeanor and shall be subject to a fine, unless they are:

Licensed or operating under a permit issued by the department as a child care facility or child welfare agency
A birth parent or a prospective adoptive parent acting on his or her own behalf
A licensed attorney advertising his or her availability to provide legal services relating to adoption, as permitted by law

Use of Intermediaries/Facilitators
Citation: Cons. Stat. Tit. 720, § 525/1

No person or agency, association, corporation, institution, society, or other organization except a child welfare agency shall request, receive, or accept any compensation or thing of value, directly or indirectly, for providing adoption services as defined in Tit. 225, § 10/2.24.

Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.

Who May Adopt
Citation: 750 ILCS 50/2
The following persons may adopt:
A resident for at least 6 months or a member of the armed forces domiciled in the State for 90 days
A reputable adult of either sex
A minor with leave of the court
Husband and wife must petition jointly.

Residency requirement does not apply to a related child or to an agency placement.

Who May Be Adopted
Citation: 750 ILCS 50/3
The following persons may be adopted:
Any child
Any adult who has resided with the adoptive parent for at least 2 years while the person was a minor or who is related to the adoptive parent


Who May Place a Child for Adoption
Citation: 750 ILCS 50/4.1
The birth mother and father who have the right of consent may place the child with a specified person. All other placements must be made by:
The Department of Children and Family Services
Any agency licensed by the department

 
 
 

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