Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 307 - INDIAN CHILD WELFARE SERVICES › Section 307.45 - Terminating Parental Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 the Department determines at an internal legal screening (as defined in 89 Ill.
			 Adm. Code
			 309.80
			 (Termination of Parental Rights)) that adoption is in the best interests of an
			 Indian child and sufficient legal grounds exist for termination of parental
			 rights, the Department shall notify the State's Attorney of the names and
			 addresses of the child's parents or Indian custodian and the child's tribe for
			 purposes of the Juvenile Court proceeding, if these persons or the tribe have
			 not been previously served.
b) The
			 Department shall request the State's Attorney to notify the tribe so the tribe
			 may intervene in a proceeding for the termination of parental rights.
c) To terminate parental rights, the court
			 must find, beyond a reasonable doubt, that the child is likely to suffer
			 serious emotional or physical injury if returned to the custody of his or her
			 parent or Indian custodian. The court's finding shall be based upon the
			 testimony of a qualified expert witness. (See
			 25 USC
			 1912(f).)
d) Each party to a proceeding to terminate
			 parental rights that involves an Indian child shall have the right to examine
			 all reports or other documents that the Department may present during the
			 proceedings.
e) When a parent or
			 Indian custodian voluntarily consents to a foster care placement, or when a
			 parent voluntarily consents to termination of his or her parental rights, the
			 consent shall not be valid unless executed in writing and acknowledged before a
			 judge of a court of competent jurisdiction and accompanied by the judge's
			 certificate that the terms and consequences of the consent were fully explained
			 in detail and were fully understood by the parent or Indian custodian. The
			 court shall also certify that the parent or Indian custodian fully understood
			 the explanation in English or that it was interpreted into a language that the
			 parent or Indian custodian understood. Any consent given prior to, or within
			 ten days after, the birth of the Indian child shall not be valid.
f) A parent or Indian custodian may withdraw
			 consent to a foster care placement under State law at any time and, upon such
			 withdrawal, the child shall be returned to the parent or Indian custodian when
			 the sole basis of placement was the consent.
g) When a parent of an Indian child has
			 executed a surrender or consent for adoption, the surrender or consent may be
			 withdrawn by the parent for any reason at any time prior to the entry of an
			 order terminating that parent's parental rights or an order of adoption, as the
			 case may be, and the child shall be returned to the parent.
h) After the entry of an order of adoption of
			 an Indian child, the parent may petition the court to vacate the order for
			 adoption on the grounds that his or her consent was obtained through fraud or
			 duress. If the court finds that the consent was obtained through fraud or
			 duress, the court shall vacate the order of adoption and return the child to
			 the parent. No action to void or revoke a consent to or surrender for adoption
			 based on fraud or duress may be commenced after 24 months from the date of the
			 entry of the order for adoption.