reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
			 the Indian Child Welfare Act is to promote the identity of Indian children and
			 their connection or affiliation with their Indian tribes. The Department of
			 Children and Family Services recognizes that Indian children are central in the
			 maintenance of Indian tribal culture, traditions and values. Therefore, the
			 Department shall, in conjunction with Indian communities, organizations and
			 agencies, provide a method of early identification of Indian children and their
			 families in order to provide services that assure all the additional
			 protections afforded by the Indian Child Welfare Act.
b) The Department shall negotiate in good
			 faith with any federally recognized Indian tribe, tribal organization or tribal
			 consortium:
1) that requests to develop an
			 agreement with the Department to administer all or a part of the program under
			 Title IV-E the Social Security Act (
			 42
			 USC 670 et seq.) on behalf of Indian children
			 who are under authority of the tribe, organization or consortium, including
			 foster care maintenance payments on behalf of children who are placed in
			 Department or tribally licensed foster family homes, adoption assistance
			 payments, and tribal access to resources for administration, training and data
			 collection under Title IV-E (see
			 42 USC
			 671(a)(32) ); and
2) that does not receive an allotment under
			 the Chafee Foster Care Independence Program (CFCIP) or Education and Training
			 Voucher (ETV) directly from the Secretary of the U.S. Department of Health and
			 Human Services for a fiscal year and that requests to:
A) develop an agreement with the Department
			 to administer, supervise or oversee the CFCIP or ETV program with respect to
			 Indian children who are eligible for those programs and who are under the
			 authority of the tribe, organization or consortium; and
B) receive from the Department an appropriate
			 portion of the Department's allotment for the cost of administration,
			 supervision or oversight (see
			 42 USC
			 677(b)(3)(G) ).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.20 - Identification of Indian Children

Current through Register Vol. 48, No. 28, July 12, 2024
In order for the Department to inform any Indian child, any
				parent of an Indian child, or any Indian custodian of his or her rights under
				the Indian Child Welfare Act, the Department shall determine if a child is an
				Indian child at intake or at any point in the life of the
				case.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.25 - Notification of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall notify the child's parents or Indian custodian and the child's
			 tribe by registered mail, return receipt requested, within 10 days after
			 determining that an Indian child is the subject of a proceeding under Article
			 II of the Juvenile Court Act of 1987 [705 ILCS 405 ] or for termination of
			 parental rights.
b) If the identity
			 or location of the parents or Indian custodian and the tribe cannot be
			 determined, the Department shall notify the Secretary by registered mail, with
			 return receipt requested. The Secretary shall have 15 days after receipt to
			 provide the requisite notice to the parents or Indian custodian and the
			 tribe.
c) No proceeding for
			 adjudication of wardship under Article II of the Juvenile Court Act of 1987 or
			 termination of parental rights shall be held until at least 10 days after
			 receipt of notice by the parent or Indian custodian and the tribe, or by the
			 Secretary. The parent or Indian custodian or tribe shall, upon request, be
			 granted up to 20 additional days to prepare for the proceeding. (See
			 25 USC
			 1912(a).)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.30 - Transfer of Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 removal of an Indian child from the custody of his or her parent or Indian
			 custodian is contemplated, or when parental rights to an Indian child may be
			 terminated, the child's tribe has the option to request transfer of
			 jurisdiction to the tribal court.
b) In the event that a single tribe's
			 jurisdiction cannot be established because of multiple tribal claims of right,
			 the Department shall not participate in the intertribal jurisdictional dispute
			 unless specifically requested by the tribes to aid in the resolution of the
			 jurisdictional conflict.
c) Absent
			 good cause to the contrary, the State court must transfer proceedings to the
			 tribal court. However, objection by either parent shall act as an absolute bar
			 to such transfer.
d) When the State
			 court transfers the proceedings to the tribal court, the Department shall
			 transfer custody or guardianship of the Indian child as directed by the State
			 or tribal court.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.35 - Placement of an Indian Child

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 choosing an adoptive placement, the Department shall assure that the child is
			 placed in accordance with the provisions of 89 Ill. Adm. Code 309 (Adoption
			 Services for Children for Whom the Department of Children and Family Services
			 Is Legally Responsible). In addition, preference must be given in the following
			 order, absent good cause to the contrary, to the placement of an Indian child
			 with:
1) a member of the Indian child's
			 extended family;
2) other members
			 of the Indian child's tribe; or
3)
			 other Indian families. (See
			 25 USC
			 1915(a).)
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.40 - Retaining Custody of an Indian Child

Current through Register Vol. 48, No. 28, July 12, 2024
a) When seeking temporary custody or
			 placement of, or termination of parental rights to, an Indian child, the
			 Department shall inform the court that the child named in the petition or
			 motion is an Indian child as soon as that information becomes known.
b) Excluding extraordinary circumstances, the
			 Department may retain temporary custody of an Indian child for a reasonable
			 period of time not to exceed 90 days. Continued custody after that period may
			 occur only upon a court finding, based upon the testimony of a qualified expert
			 witness, that the child is likely to suffer serious emotional or physical
			 injury if returned to the custody of the parent or Indian custodian. The
			 court's finding shall be supported by clear and convincing evidence.
c) Each party to an involuntary placement
			 proceeding involving an Indian child shall have the right to examine all
			 reports or other documents that the Department may present during the
			 proceedings.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 308 - NONDISCRIMINATION REQUIREMENTS OF DEPARTMENT SERVICE PROVIDERS › Section 308.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
These rules describe the Department's policies to ensure that
				private providers receiving public funds and providing services to Department
				clients do not discriminate in their employment and service delivery practices.
				These rules also describe the means available to the Department and other
				appropriate government agencies for obtaining nondiscrimination assurances from
				providers, monitoring related contract provisions and terminating contracts
				when discrimination is indicated. Refer to Part 429, Equal Employment
				Opportunity Through the Department of Children and Family Services, and to Part
				309, Review and Appeal Process, for descriptions of how the Department assures
				nondiscrimination in employment and service provision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 308 - NONDISCRIMINATION REQUIREMENTS OF DEPARTMENT SERVICE PROVIDERS › Section 308.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Affirmative action", as in these rules, is the undertaking of
				specific personnel steps in recruiting, selecting, placing, transferring,
				promoting, and other basic terms and conditions of employment, for the purpose
				of eliminating present effects of past discrimination.
"Affirmative action exhibits" means affirmative action
				compliance reporting forms submitted by purchase of service providers to the
				Department, as specified by the Purchase of Service Contract.
"Civil rights compliance review" means a formal assessment
				conducted by the Department or other appropriate governmental agencies to
				determine whether the provider, directly or indirectly through its employees,
				has discriminated in service delivery or employment practices or failed to
				comply with any other laws or regulations related to the civil rights of
				individuals.
"Employment discrimination" or "discrimination", as used in
				these rules means any policy, procedure or practice which has an adverse effect
				on an applicant employee or group of employees with regard to their hiring,
				firing, compensation, terms, conditions, or privileges of employment, on the
				basis of race, color, religion, sex, national origin, age, or physical or
				mental handicap unrelated to ability.
"Purchase of service provider" means an agency or individual
				offering services to a Department client through a signed contract for paid
				services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 308 - NONDISCRIMINATION REQUIREMENTS OF DEPARTMENT SERVICE PROVIDERS › Section 308.30 - The Department's Nondiscrimination Policy with Respect to Private Purchase of Service Providers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Department shall contract only with service providers who, in the provision
			 of their services and opportunities for employment, exercise nondiscriminatory
			 policies and practices. All purchase of service providers must provide
			 contractual exhibits assuring that they do not discriminate in their employment
			 and service delivery practices. Such providers include all child welfare
			 service providers, social service providers, or any other purchase of service
			 providers with whom the Department may contract.
b) Each provider shall comply with Title VI
			 and VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000 d et seq. and 2000e et
			 seq.); Section 503 and 504 of the Rehabilitation Act (
			 29 U.S.C.
			 793 and
			 794
			 ); the U.S. Constitution; the 1970 Illinois Constitution; any state and federal
			 laws, regulations or orders which prohibit discrimination in employment on the
			 grounds of race, color, religion, sex, marital status, national origin or
			 ancestry, age, physical or mental handicap unrelated to ability, or an
			 unfavorable discharge from military service other than a dishonorable discharge
			 and service delivery on the grounds of race, sex, color, religion, national
			 origin or ancestry, the inability to speak or comprehend the English language
			 or by reason of any handicap. Refer to Part 307, Indian Child Welfare Services
			 which defines the special rights of American Indians.
c) Purchase of service providers should
			 notify the Department's administrator responsible for affirmative action
			 whenever a discrimination complaint is filed against them.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 308 - NONDISCRIMINATION REQUIREMENTS OF DEPARTMENT SERVICE PROVIDERS › Section 308.40 - Affirmative Action and Civil Rights Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Affirmative Action Exhibits
The Department requires all purchase of service providers to
				file semiannual affirmative action exhibits with the Department's administrator
				responsible for affirmative action as required in their contract with the
				Department.
b) Civil Rights
			 Compliance Review
1) Purchase of service
			 providers will be subject to periodic civil rights compliance reviews conducted
			 by the Department or other appropriate governmental agencies. Such review will
			 be conducted whenever, a report, complaint, or any other information indicates
			 a possible failure to comply with nondiscrimination requirements.
2) In instances where there is a preliminary
			 finding of noncompliance, a reasonable period will be granted to allow the
			 provider to comply. If the provider fails to make a good faith effort to
			 achieve compliance during the period granted, the purchase of service contract
			 shall be terminated.
3) The
			 Department shall order a review when the Illinois Department of Human Rights or
			 the United States Equal Employment Opportunity Commission issues a probable
			 cause finding in response to a complaint.
4) If the results of a review indicate that
			 discrimination has occurred, the service provider will be requested to submit
			 quarterly reports on the status of employment or service delivery.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 308 - NONDISCRIMINATION REQUIREMENTS OF DEPARTMENT SERVICE PROVIDERS › Section 308.50 - Complaints Alleging Discrimination in Service Delivery

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person, on the grounds of race, color
			 or national origin, may be excluded from participation in, be denied the
			 benefits of, or be subject to discrimination under any program or activity
			 receiving federal financial assistance.
b) Any applicant or recipient of Department
			 aid, care, service, or any program provided by the Department who believes that
			 he is being discriminated against by a Department provider or a subcontractor
			 of the Department should file a written complaint with the Department's
			 administrator responsible for affirmative action within 30 days of the alleged
			 discriminatory act. The complaint should give all related information
			 concerning the alleged discrimination.
c) Upon receipt of the complaint, the
			 Department's administrator responsible for affirmative action will initiate an
			 investigation of the circumstances related to the complaint, and provide a
			 written report to the Director of the Department of Children and Family
			 Services. If in the report there is not adequate evidence to support the
			 allegation(s), the complainant will be so notified. In cases where there are
			 reasonable grounds to believe that discrimination has occurred, the Department
			 will work with the provider and the client to resolve the matter through advice
			 and conciliation.
d) Any person
			 alleging discrimination in purchased service delivery has the right to file a
			 complaint with the United State Department of Health and Human Services, Office
			 of Civil Rights, or the Department of Labor, Office of Federal Contract
			 Compliance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 308 - NONDISCRIMINATION REQUIREMENTS OF DEPARTMENT SERVICE PROVIDERS › Section 308.60 - Complaints Alleging Discrimination in Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant for employment or an employee
			 may notify the Department's administrator responsible for affirmative action
			 about alleged discrimination in employment. The Department's affirmative action
			 staff shall within 10 days, if practicable, investigate the allegations. The
			 determination and result of such investigation will be sent to the complaint
			 and the purchase of service provider.
b) A person alleging employment
			 discrimination by a Department provider also has the right to file a complaint
			 with the Illinois Department of Human Rights or the United State Equal
			 Employment Opportunity Commission.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 308 - NONDISCRIMINATION REQUIREMENTS OF DEPARTMENT SERVICE PROVIDERS › Section 308.70 - Contract Termination

Current through Register Vol. 48, No. 28, July 12, 2024
Contract termination shall result when the Department
				determines that discrimination, either in service delivery or employment, is
				indicated and the provider continues to fail to comply within any reasonable
				compliance period the Department may grant. Contract termination can also
				result from proof of discrimination determined in a court of law unless the
				provider takes immediate steps to correct the discriminatory practices, when
				such steps meet Department or court approval. Indicated and proved
				discrimination will be reported to appropriate state and federal
				authorities.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to describe adoption services
				available to children for whom the Department of Children and Family Services
				is legally responsible. These services include the recruitment, selection,
				preparation and training of adoptive families, the identification and
				preparation of children for adoption, and adoptive placement and finalization.
				This Part also describes supportive services to adoptive families and children.
				These services include adoption assistance, adoption registry services,
				adoption preservation and post-adoption services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.30 - Recruitment of Adoptive Families

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Department shall make special efforts for the diligent recruitment of
			 potential adoptive families that will accept sibling groups for placement and
			 encourage and support sibling contact when siblings must be separated. The
			 Department shall provide training for all prospective adoptive parents and
			 private/subsidized guardians regarding the importance of maintaining sibling
			 relationships and the child's sense of attachment to his/her siblings, the
			 importance of maintaining sibling relationships over the child's lifespan, and
			 the impact on the child if those relationships are severed.
b)
In addition, special efforts shall
			 be made to recruit potential adoptive families that reflect the ethnic and
			 racial diversity of the children for whom adoptive homes are needed. Special
			 efforts shall include contacting and working with community organizations and
			 religious organizations and may include contracting with those organizations,
			 utilizing local media and other resources, and conducting outreach
			 activities.
[20 ILCS
			 505/7(c) ]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.35 - Good Faith Effort to Locate Siblings in Adoption and Subsidized Guardianship Placements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
When a child is in need of an adoptive placement, the
caseworker
shall examine
Department records
and other
			 available resources and attempt to determine whether a sibling of the child has
			 been adopted or placed in private guardianship after being in the Department's
			 custody or guardianship. If the
caseworker
determines that a
			 sibling of the child has been adopted or placed in private guardianship,
			 the
caseworker
shall make a good faith effort to locate the
			 adoptive parents or guardians of the sibling and inform them of the
			 availability of the child for adoption. If a child available for adoption has a
			 sibling who has been adopted or placed in guardianship, and the adoptive
			 parents or guardians of that sibling apply to adopt the child, the
caseworker
shall consider them as adoptive applicants for the adoption
			 of the child. The
caseworker's
final decision as to whether it
			 will consent to the adoptive parents or guardians of a sibling being the
			 adoptive parents of the child shall be based upon the welfare and best interest
			 of the child. In arriving at its decision, the
caseworker
shall consider all relevant factors, including but not limited
			 to:
1)
the wishes of the
			 child;
2)
the
			 interaction and interrelationship of the child with the applicant to adopt the
			 child;
3)
the
			 child's need for stability and continuity of relationship with parent
			 figures;
4)
the
			 child's adjustment to his or her present home, school and
			 community;
5)
the
			 mental and physical health of all individuals involved;
6)
the family ties between the child
			 and the child's relatives, including siblings;
7)
the background, age and living
			 arrangements of the applicant to adopt the child;
8)
a criminal background report of
			 the applicant to adopt the child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.40 - Adoption Listing Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department or its agent shall maintain coded listings that include the names
			 and addresses of persons who have applied for and have been approved for the
			 adoption of a child. The listings shall also include the names of children for
			 whom:
1) the Department has determined, after
			 an internal legal screening, that adoption is the appropriate permanency plan
			 for the child; and
2) two weeks
			 have passed since the internal legal screening determination and an adoptive
			 resource has not yet been identified for the child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.50 - Identification of Children for Potential Adoption Planning

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall immediately consider
			 for all children under its care the possibility of adoption when exploring
			 permanency options, and begin adoption planning when it is in the child's best
			 interests and when either the grounds for parental unfitness as defined in the
			 Adoption Act described in subsection (b) below are present or other additional
			 factors as described in subsection (c) or (d) of this Section are
			 present.
b) When any of the grounds
			 for parental unfitness, as defined in the Adoption Act, or expedited
			 termination of parental rights are identified, the following actions shall be
			 taken:
1) the parents shall explore the
			 opportunity to voluntarily surrender their child for adoption or consent to the
			 adoption of their child by specified person as described in Section
			 309.70(c) or
			 (d); or
2) if the parents are unwilling to
			 voluntarily surrender or consent to the adoption of the child, the case shall
			 be referred for an internal legal screening in accordance with Section
			 309.80
			 (Termination of Parental Rights) to determine whether to seek involuntary
			 termination of parental rights.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.60 - Legal Risk Placements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Legal
			 risk placements are selected for children for whom the Department deems such
			 placements are appropriate as described in this Section. Prior to making a
			 legal risk placement, the Department shall conduct a legal screening in
			 accordance with Section
			 309.80
			 to determine whether a legal risk placement is in the child's best interests.
			 Legal risk placements may be appropriate, when pursuit of adoption is in the
			 child's best interests, because:
1) any one
			 of the circumstances listed in Section
			 309.50(b)
			 is present; and
2) placement in a
			 prospective adoptive home willing to adopt the child if the child should become
			 legally free will reduce the necessity of multiple placements of the child or
			 eliminate the length of time the child must wait for an adoptive home;
			 and
3) any one of the following
			 conditions exists:
A) one parent has
			 surrendered parental rights and the identity of the other parent is
			 unknown;
B) one parent has
			 surrendered parental rights and a diligent search for the absent parent has
			 been unsuccessful;
C) one parent
			 has surrendered parental rights and the identity and whereabouts of the other
			 parent is known and that parent has either made statements indicating a desire
			 to surrender the child or grounds for termination of parental rights
			 exist;
D) the identity and
			 whereabouts of the parents are unknown;
E) termination of parental rights is under
			 judicial appeal;
F) the child comes
			 from a family in which other siblings have been freed for adoption and there is
			 a strong indication that this child will also become free for
			 adoption;
G) the court having
			 jurisdiction over the child formally or informally requires that the child be
			 placed with a potential adoptive family prior to considering a petition for
			 involuntary termination of parental rights; or
H) the child is currently in a substitute
			 care placement where the foster parents are not seeking to adopt and the
			 State's Attorney has agreed to proceed with a petition to terminate parental
			 rights.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.70 - Freeing Children for Adoption

Current through Register Vol. 48, No. 28, July 12, 2024
a) Children for whom the Department of
			 Children and Family Services is legally responsible are free for adoption when
			 any of the following occurs:
1) both parents
			 of the child have signed adoptive surrenders or consents to adoption by a
			 specified person as described in subsection (c) below; or
2) one parent has signed an adoptive
			 surrender or consent to adoption by a specified person as described in
			 subsection (c) below, and parental rights of the remaining parent have been
			 terminated through court action or the remaining parent is deceased;
			 or
3) a court has terminated the
			 parental rights of both parents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.80 - Termination of Parental Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 one of the grounds for termination of parental rights appears to exist and
			 return home as a permanency goal for the child is no longer appropriate, the
			 Department shall conduct an internal legal screening.
b) The purpose of an internal legal screening
			 is to determine:
1) whether there is
			 sufficient evidence to support a finding that there are grounds for termination
			 of parental rights;
2) whether it
			 is in the best interests of the child to seek termination of parental rights
			 and, if the child is age 14 or over, whether the child will consent to the
			 adoption; and
3) identification of
			 the steps which need to be completed to permit the filing of a petition to
			 terminate parental rights in accordance with local court practices.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.90 - Putative Father Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall maintain a Putative Father Registry for the purpose of
			 determining the identity and location of a putative father of a 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.
b) The Department shall maintain the
			 following information in the Putative Father Registry:
1) With respect to the putative father, if
			 known:
A) Name of the putative father,
			 including any other names by which the putative father may be known and that he
			 may provide to the Registry;
B)
			 Address at which the putative father may be served with notice of petition
			 under the Adoption Act, including any change of address;
C) The Social Security Number of the putative
			 father;
D) The putative father's
			 birth date; and
E) If applicable, a
			 certified copy of an order by a court of the State of Illinois or of another
			 state or territory of the United States adjudicating the putative father to be
			 the father of the child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.100 - Preparation of Children for Adoption

Current through Register Vol. 48, No. 28, July 12, 2024
Preparation of children for adoption begins when adoption has
				been identified as a potential goal for the child. During this pre-placement
				phase, specific services are provided to the child for whom adoption is being
				considered.
a) The Assessment Phase
The assessment phase consists of preparation activities
				initiated before an adoptive home has been identified. The primary purpose of
				this phase is completion of an assessment to guide the identification of needs
				to be met and in directing intervention. Assessments already completed on the
				following issues should be reviewed, and if needing update, should be updated
				before deciding whether or not adoption is appropriate for a child:
1) assessing the child in relation to the
			 physical, emotional, educational and social environment;
2) determining the developmental level and
			 potential of the child;
3)
			 gathering and assessing all pertinent information on the child and family,
			 which includes the names and whereabouts of all known siblings, why siblings
			 were not placed together (when applicable), and a complete review of the family
			 history;
4) assessing whether it is
			 in the best interests of the child to be separated from his/her siblings (when
			 they were placed together) and, if separated, how best to facilitate contact
			 with his/her siblings;
5) when
			 placement of the child with his or her siblings would require that the child be
			 removed from a current foster home, assessing if it is in the best interests of
			 the child to remain in that foster home rather than move to a joint placement
			 with his or her siblings;
6)
			 assessing the child's capacity for attachment;
7) assessing the child's ability and
			 opportunity to grieve losses;
8)
			 assessing issues involving the child's identity;
9) assessing the child's unique qualities by
			 focusing on the strengths and talents possessed by the child; and
10) assessing the child's understanding of
			 the adoption process and making a determination of the child's desire to move
			 toward an adoptive placement.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.105 - Who May Adopt a Child

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any
			 of the following persons, who is under no legal disability (except the minority
			 specified in subsection (a)(2)) and who has resided in the State of Illinois
			 continuously for a period of at least 6 months immediately preceding the
			 commencement of an adoption proceeding, or any member of the armed forces of
			 the United States who has been domiciled in the State of Illinois for 90 days,
			 may institute such proceedings:
1)
A reputable person of legal age and of either sex, provided that if
			 such person is married
, or a party to a civil union,
and has
			 not been living separate and apart from his or her spouse
, or civil
			 union partner,
for 12 months or longer, his or her spouse or civil
			 union partner shall be a party to the adoption proceeding, including a spouse
			 or civil union partner desiring to adopt a child of the other spouse
or a civil union partner
, in all of which cases the adoption shall be
			 by both spouses
or civil union partners
jointly;
2)
A minor, by leave of court upon good cause shown. Notwithstanding
			 subsection
(a)(1),
a spouse or civil union partner is not
			 required to join in a petition for adoption to re-adopt a child after an
			 intercountry adoption if the spouse or civil union partner did not previously
			 adopt the child as set forth in Section
			 4.1(c) and
			 (e) of
the Adoption Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.110 - Preparation and Training of Adoptive Families

Current through Register Vol. 48, No. 28, July 12, 2024
The preparation and training of prospective adoptive families
				will be done in the following four phases:
a) Pre-service Preparation and Education
During this first phase the Department or adoption agency will
				educate prospective adoptive parents in the following areas:
1) the purpose and goals of
			 adoption;
2) the selection process
			 and the criteria for being licensed and certified as adoptive
			 parents;
3) the laws, regulations,
			 policies, resources and values that direct the adoption program;
4) information about the needs and strengths
			 of children who require adoption services;
5) the respective roles of adoptive parents,
			 agencies, and courts;
6)
			 differences between parenting in foster home placement, legal risk placement,
			 and adoptive placement regarding attachment, commitment, relationship with the
			 child's family of origin, expectations, responsibilities, supports and the
			 lifelong impact of adoption;
7) the
			 child's sense of attachment to his/her siblings, the importance of maintaining
			 a relationship with siblings over the child's lifespan, and the impact upon the
			 child if those relationships are not preserved;
8) developing, implementing and modifying
			 Post-Permanency Sibling Contact Agreements; the role the adoptive parent can
			 take in supporting the child's connections, and the possibility that the
			 adoptive parent/guardian may be contacted in the future regarding placement of
			 or contact with siblings;
9) the
			 knowledge and practical skills necessary to become successful adoptive parents;
			 and
10) the knowledge of
			 developmental challenges and changes faced by adoptive families.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.120 - Preparation of the Child's Biological Parents

Current through Register Vol. 48, No. 28, July 12, 2024
Preparation of the biological parents of a child for whom an
				adoptive placement is being sought includes the following:
a) assistance and counseling around issues
			 pertaining to the surrender of parental rights or consent to adoption by a
			 specified person, or in understanding the reasons why, after reunification
			 efforts have been attempted and failed or deemed to be inappropriate,
			 involuntary termination of parental rights is being sought;
b) in instances where the identity of the
			 biological father is unknown, counseling the biological mother about her role
			 and responsibility regarding the identification of the father as required in
			 the Adoption Act [750 ILCS
			 50/11(b) ] and explaining the
			 potential consequences if the biological father is not identified;
c) counseling around issues of separation and
			 loss;
d) obtaining necessary
			 non-identifying background information regarding the biological family's
			 social, medical, and psychological history, as well as the prenatal and medical
			 history of the child;
e) affording
			 the biological parents the opportunity to share identifying and non-identifying
			 information with the child who is being relinquished for adoption through the
			 Adoption Registry as specified in Section
			 309.190,
			 Adoption Registry;
f) giving the
			 biological parents the opportunity to express their desires regarding the
			 placement of their child in an adoptive home which meets their religious and
			 other preferences. The Department will consider the parents' stated
			 preferences, provided they do not delay placement of the child for adoption,
			 are not contrary to the child's best interests, are consistent with applicable
			 law such as the Adoption Act [750 ILCS 50 ], the Adoption Assistance and Child
			 Welfare Act of 1980 ( 42 USCA 670 et seq.), and the Removal of Barriers to
			 Inter-Ethnic Adoptions Provisions of the Small Business Job Protection Act of
			 1996 ( 42 USCA 671(a) and 674 ) and Adoption and Safe Families Act (
			 P.L.
			 105-98 );
g) providing information regarding the
			 possibility of continuing contact between the child and the biological parents
			 or other significant persons in the child's life, when such contact is in the
			 child's best interests and compatible with the wishes of the adoptive
			 parents.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.130 - Placement Considerations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Consideration of the Child's Needs
The child's needs and best interests shall be the primary
				consideration when selecting an adoptive family for a child. The factors to be
				considered shall include, but are not limited to:
1) the wishes of the child under 14 years of
			 age, who demonstrates the maturity and cognitive ability to participate in the
			 decision;
2) the physical, mental,
			 and emotional needs of the child;
3) the child's need for stability and
			 continuity of relationship with parent figures;
4) the interaction between the child and the
			 prospective adoptive parent;
5) the
			 prospective adoptive parent's ability to meet the physical, mental, and
			 emotional needs of the child;
6)
			 the prospective adoptive parents' ability and willingness to support, maintain
			 and continue to be sensitive to the child's significant relationships with the
			 child's extended family, siblings, and any other significant persons who played
			 an important part in the child's life or to whom the child has established
			 significant emotional ties;
7) the
			 results of an assessment of the child's capacity for attachment conducted in
			 accordance with subsection (b)(7);
8) the consent of a child 14 years of age or
			 older; and
9) the prospective
			 adoptive family's willingness to help and support the child in developing a
			 relationship with his/her siblings, including siblings with whom the child does
			 not yet have a relationship, and recognition of the value of preserving family
			 ties between the child and his/her siblings, including the child's need for
			 stability and continuity of relationships with siblings, and the importance of
			 sibling contact in the development of the child's identity.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.135 - Post-Permanency Sibling Contact Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
When a child in the Department's care has a permanency
				goal of adoption or private guardianship, and the Department is preparing to
				finalize the adoption or guardianship, the
child's caseworker
shall convene a meeting with the
prospective adoptive parents
				or guardians
and the foster parents and
caseworkers
for the child's siblings
in substitute care
, and
				others as applicable. The children should participate
when
developmentally appropriate. Others, such as therapists and mentors,
				may participate as appropriate. At the meeting, the Department shall encourage
				the parties to discuss
post-permanency sibling contact
.
				The
caseworker
may assist the parties in drafting a
				Post-Permanency Sibling Contact Agreement.
a)
Parties to the Post-Permanency
			 Sibling Contact Agreement shall include:
1)
the adoptive parent or parents or
			 guardian;
2)
the
			 child's siblings
in substitute care
,
and the
			 sibling's current foster parents
or guardians
, and siblings
			 who are emancipated/ living independently; and
3)
the child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.140 - Placement of Children with Adoptive Families

Current through Register Vol. 48, No. 28, July 12, 2024
When a specific family is identified as appropriate for the
				placement of a specific child waiting to be adopted, the Department or adoption
				agency will:
a) present information on
			 the child to the family to allow the family to make the decision to proceed to
			 the next step in placement;
b)
			 bring the child and family together in a situation designed to offer the family
			 an opportunity to observe the child's appearance and behavior without risk of
			 rejection;
c) arrange a
			 face-to-face meeting between the child and family;
d) plan a series of visits and contacts,
			 usually of progressive duration, to move the child and family toward
			 placement;
e) bring about the
			 actual placement of the child with the adoptive family after which appropriate
			 post-placement services will be provided in accordance with Section
			 309.160;
			 and
f) inform the adoptive parents
			 that they may be contacted in the future regarding placement of or contact with
			 siblings subsequently requiring placement or requesting contact with their
			 adopted siblings.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.150 - Providing Information to Adoptive Families

Current through Register Vol. 48, No. 28, July 12, 2024
The Department or adoption agency will provide, if known, to
				the family identified to adopt the child the following information, in writing,
				regarding the child as soon as possible, but no later than 10 days prior to the
				date of the adoptive placement or the legal risk placement with prospective
				adoptive parents in the event the child is not yet free for adoption:
a) Information about the child's biological
			 parents, which shall include:
1) age of the
			 biological parents;
2) their race,
			 religion, cultural and ethnic backgrounds;
3) general physical appearance;
4) their education, occupation, hobbies,
			 interests and talents;
5) existence
			 of any other children born to the biological parents, including the first names
			 and ages of the adopted child's siblings and additional identifying information
			 with appropriate consents;
6)
			 information about biological grandparents, reason for immigrating into the
			 United States, and country of origin;
7) relationship between biological
			 parents;
8) whether the birth
			 parent or parents requested or agreed to post-adoption contact with the child
			 at the time of placement and, if so, the frequency and type of contact;
			 and
9) detailed medical and mental
			 health history of the biological parents and their immediate relatives as
			 described in subsection (c).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.160 - Post-Placement Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose
			 of Post-Placement Services
Post-placement services are services provided to the child and
				adoptive family from the date of placement of the child in the adoptive home to
				the date of finalization of the adoption for the purpose of:
1) continuing the activities around the
			 preparation of the child for adoption;
2) ensuring the health and safety of the
			 child;
3) ensuring successful
			 integration of the child in the adoptive home;
4) providing continuing support and placement
			 stabilization in order to minimize the risk of placement disruption and
			 multiple placements of the child; and
5) facilitating adoption
			 finalization.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.180 - Adoption Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
Adoption assistance may be provided to adoptive parents on
				behalf of children with special needs in accordance with 89 Ill. Adm. Code
				302.310
				(Adoption Assistance).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 309 - ADOPTION SERVICES FOR CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 309.190 - Adoption Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Effective with the establishment of an Adoption Registry under the auspices of
			 the Department of Public Health, the Department of Children and Family Services
			 shall provide information about Adoption Registry services. The address of the
			 Adoption Registry is as follows:
The Adoption Registry
Illinois Department of Public Health
605 W. Jefferson
Springfield, Illinois 62702-6553
(217) 782-6553
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 310 - DELIVERY OF YOUTH SERVICES FUNDED BY THE DEPARTMENT OF HUMAN SERVICES › Subpart A - GENERAL PROVISIONS › Section 310.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to describe the service goals of
				  the Department of Human Services funded youth services, the specific services
				  available to youth and their families in order to attain the service goals, the
				  requirements, methodology and standards which youth service providers must meet
				  in providing services and, finally, the various Department of Human Services
				  funded programs through which services are delivered.