Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 333 - INTERCOUNTRY ADOPTION SERVICES (REPEALED)
Section 333.4 - Illinois Pre-Adoptive Requirements
Universal Citation: 89 IL Admin Code ยง 333.4
Current through Register Vol. 48, No. 12, March 22, 2024
a) When a foreign-born child is brought to the United States for adoption in Illinois, the following pre-adoption requirements must be met:
1) The placing
agency must be authorized by the Department to place in Illinois.
2) Documentation that the child is legally
free for adoption prior to entry into the United States must be
submitted.
3) A medical report on
the child, by authorized medical personnel in the country of the child's origin
must be provided when such personnel are available.
4) Verification of foster home licensing of
the adoptive family must be provided.
5) A valid home study conducted by a licensed
child welfare agency, that is in compliance with guidelines established by the
Immigration and Naturalization Services of the United States ( 8 CFR Section
204.4(d)(2)(i) must be submitted. A home study is considered valid if it
contains:
A) A factual evaluation of the
financial, physical, mental and moral capabilities of the prospective parent or
parents to rear and educate the child properly.
B) A detailed description of the living
accommodations where the prospective parent or parents currently
reside.
C) A detailed description
of the living accommodations in the United States where the child will reside,
if known.
D) A statement or
attachment recommending the proposed international adoption signed by an
official of the child welfare agency which has conducted the home
study.
6) The placing
agency located in a non-Compact state, or a family desiring to adopt through an
authorized placement party in a non-Compact state or a foreign country, shall
place a $5,000 bond as protection that a "foreign-born child accepted for care
or supervision not become a public charge upon the State of Illinois." The bond
shall be required until the date of the finalization of the adoption.
7) In lieu of the $5,000 bond the placement
agency may sign a binding agreement with the Department of Children and Family
Services to assume full liability for all placements should, for any reason,
the adoption be disrupted or not be completed, inclusive of financial and
planning responsibility until the child is either returned to the country of
its origin or re-placed with a new adoptive family in the United States and
that adoption is finalized.
8)
Compliance with Interstate Compact on the Placement of Children requirements,
when applicable.
b) When a child is adopted in a foreign country and a final, complete and valid Order of Adoption is issued, as determined by both the U.S. Department of State and the U.S. Department of Justice, there are no Illinois pre-adoption requirements. The family, however, must comply with Federal requirements ( 8 CFR Section 204.2(d)(2)(ii) ).
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
