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
Universal Citation: 89 IL Admin Code ยง 309.130
Current through Register Vol. 48, No. 38, September 20, 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.
b) Other Placement Considerations
The following factors must also be considered when selecting an adoptive placement for a child:
1)
Siblings: Sibling groups shall be placed together whenever possible. A decision
to place siblings apart shall be based on a carefully documented and reviewed
determination that such a separation will be in the best interests of all the
siblings involved. While it is preferable for children to be placed together in
one home, the Department shall consider a plan for adoptive placement with two
or more relatives when the relatives indicate that they are willing and able to
develop, nurture and support sibling relationships. When it is not possible to
place all of the children together, the Department shall encourage the
prospective adoptive families to encourage and facilitate contact among the
siblings.
2) Foster Parent
Preference: In accordance with the Adoption Act, licensed foster parents who
have cared for a child for a continuous period of one year or more shall be
given preference and first consideration over all other applicants for the
adoption of that child in their home when adoption is the permanency goal, the
child is legally free for adoption and adoption is in the child's best
interests.
3) Consideration of
Relatives: The Department may consider relatives as a potential adoptive
resource for children who do not have an identified adoptive resource and are
not going to be adopted by their current caregiver.
4) Parenting Capacity of Adoptive Parents:
Adoptive parents shall be selected who are likely to retain their parenting
capacities or are effectively able to adapt to the needs of the child as they
grow, change and develop. Assessments shall include such information as the
family's future plans for financial security, child care and supports for child
rearing in the event of a significant illness or death of the adoptive
parents.
5) Religion: The best
interests of the child shall be the prime consideration in the placement of a
child for adoption. A child shall be placed, whenever possible, with adoptive
parents holding the same religious belief as that of the child. (See
750 ILCS
50/15.)
6)
Communication Needs: In the case of a child who is hearing impaired, the child
shall be placed in a home where one of the members is able to communicate in
the child's preferred mode of communication; e.g., sign language. In the case
of a limited/non-English speaking child, the child shall be placed in a home
where at least one person speaks the child's primary language. In an otherwise
suitable adoptive home, placement shall not be denied if the prospective
adoptive parents have enrolled in a language course to learn the method of
communication used by the child prior to finalization of the
adoption.
7) Level of Attachment:
When there is some question about a child's level of or capacity for
attachment, the Department shall assess the child's level of or capacity for
attachment in making an adoptive placement decision. Such assessments require
prior supervisory approval after consultation with Department adoption
staff.
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