Adoption and Juvenile

ADOPTION INFORMATION/REQUIREMENTS

PLEASE TAKE YOUR TIME AND READ THE INFORMATION BELOW

There are five (5) types of adoption proceedings:

Related Adoptions: Same Petition for Adoption (sometimes called “kinship adoption” or “family adoption,”) a related adoption occurs when a child is adopted by a family member by blood or marriage, such as a grandparent, an older sibling, or an aunt or uncle. Some filings MAY be waived by the court (such as GAL or Investigative report);
Standby Adoptions: A standby adoption is an adoption that is put in place to go into effect upon the occurrence of a specified event. For instance, if a child’s parent is terminally ill and wishes to have a certain person care for the minor, a standby adoption is one mechanism to make sure their wishes are carried out.
Agency Adoption: This is where a child has been surrendered to an agency for purposes of adoption and/or the agency (DCFS) is involved and the parental rights have been terminated;
Private Adoption: This is where no agency is involved and there is an agreement usually between the biological parents and the adoptive parents;
Adult Adoption: A person 18 years of age or older can be adopted by relatives, or with unrelated adults that they have lived with for at least two consecutive years. While the adult who is being adopted must agree to the process, no consent of the biological parents is required for an adult adoption.

In any and all adoption proceedings (except the adult one), the Petition must be filed with the appropriate allegations contained therein; if appropriate, summons should be issued and served on the biological parents (if no consents have been executed before a licensed social service agency or a judge) or service by publication; a guardian ad litem is appointed when necessary and an investigative report is authorized by the judge; sometimes, when appropriate, an Interim Order should be entered. Once the petition has been filed, summons issued and served (or by a certificate of publication), the GAL report filed and the investigative report filed, then a final adoption hearing may be scheduled.

If the adoption proceeding involves a child/ren who is/are the subject matter of any other legal proceeding (whether it be divorce, paternity, guardianship), Supreme Court Rule 903 requires that the judge who is assigned to the other matter and has heard anything of substance in the other matter, the new matter should be set before the other judge (one family, one judge rule); further, there is never a “stand alone” Petition for Termination of Parental Rights as the best interests of a minor child/ren is not served by parental rights being severed and no permanency alleged for a child/ren.

Pursuant to Illinois law (750 ILCS 50 et. al.): To start the legal process by which a parent-child relationship is created, a Petition for Adoption must be filed. A single person may adopt. If a petitioner is married or in a civil union, they must adopt together unless they have been living separate and apart from one another for 12 months or longer. In step-parent (bonus parent) adoptions, the biological parent must also be a petitioner.

The Initiation Process (Minor Children Adoption)

Petition for Adoption must be filed and contain the following (see sample petition #1): (1) Petitioner(s) full name, age, address and length of time living at said residence. (2) When the Petitioner(s) acquired or intend to acquire custody of adoptive minor(s) and include the (3) full name of the biological parents, their ages and addresses. (4) The full name of the adoptive child, sex, date and place of each minor’s birth. The Petition for Adoption must (5) set forth the relationship, if any, that exists between the Petitioner(s) and the minor(s). (6) The Petition for Adoption must set forth if either parent is or is not under a legal disability and whether the biological parent’s parental rights have been terminated by a court order (said order should be attached if it exists). If the parent’s parental rights have not been terminated by court order, the (7) Petition for Adoption must set forth whether the biological parents are willing to consent to the adoption; said Final and Irrevocable Consent to Adoption must be signed before a Judge or a person authorized to execute the Final and Irrevocable Consent to Adoption. (8) If the parents are unwilling to consent, the Petition for Adoption must allege that the biological parents are unfit and the grounds under which they should be deemed unfit as defined by the Illinois Adoption Act 750 ILCS 50/1D(a)-(t). Further, (9) that the Petitioner(s) is/are reputable person(s) with sufficient ability and financial means to rear, nurture and educate the minor(s). (10) The name(s) Petitioner(s) would like the minor(s) to assume once adoption is finalized. The Petition for Adoption must be signed by the Petitioner(s) and must also certify that the statements set forth therein are true and correct. The Petition for Adoption, along with whatever additional documents when necessary, should be filed with the Rock Island County Circuit Clerk and the filing fee paid to that same office.

An Affidavit in Support of Petition to Adopt should also be filled out (see sample #2) and filed along with the Petition for Adoption.

Once the Petition for Adoption is filed, a Summons must be issued by the Circuit Clerk’s Office and said Summons and Petition for Adoption must be served upon the biological parents and the minor(s). If the parties to be served are located within Rock Island County, the summons, petition and required fee are delivered to the Rock Island County Sheriff’s Department for service. If a party is located outside of Rock Island County, Petitioner(s) may seek appointment of a special process server by Motion filed with the Court or make arrangements with the Sheriff of the County where the party to be served is located. Notice to biological, legal, putative and unknown parents may be given by publication if a biological parent’s name or whereabouts are unknown. Petitioner(s) must file an Affidavit for Service By Publication (see sample #3). The publication must be made via newspaper circulated in the last known area of the person’s whereabouts such as The Quad City Times, The Daily Dispatch/Rock Island Argus. There is a fee for publishing such notice which is the Petitioner(s) responsibility to pay. Said publication should be posted once per week for 3 consecutive weeks and a Certificate of Publication must be filed once received from the publishing entity. Where there is no father listed on the birth certificate, the Petitioner(s) must request a search of the Putative Father Registry to make sure that there is no father who has requested notice of the adoption.

The Petitioner(s) should also file a Motion to Appoint a Guardian Ad Litem (see sample #4) for an attorney to be appointed and “represent” the interests of the minor(s). Petitioner(s) are responsible for paying the Guardian Ad Litem’s fees. The Guardian Ad Litem may request additional documentation from you which may include, but not be limited to, photo identification, birth certificates, death certificates, marriage licenses, divorce decrees, financial information (pay stubs, W2’s), medical information and explanation of any criminal history.

If the adoptive minor(s) are aged 14 to 17 years of age, Petitioner(s) must file a notarized Consent to Adoption by the minor aged 14 to 17 years of age along with the Petition for Adoption (see sample #5).

The assigned Juvenile Judge will review the Petition for Adoption and Motion for Appointment of Guardian Ad Litem. If approved, the Juvenile Judge will enter an Order Appointing a Guardian Ad Litem. If the Petition is lacking, the Juvenile Judge will indicate so and give Petitioner(s) leave to file an Amended Petition for Adoption. Once the Petition for Adoption is approved, Petitioner(s) must make arrangements with the appointed Guardian Ad Litem to allow the Guardian Ad Litem to visit the Petitioner(s), the minor(s) and the home. There may be instances where an investigation (“home study”) will be necessary to complete.

Termination of Parental Rights

The Count may not finalize an adoption until all rights of the non-petitioning biological/ legal/putative parent(s) has/have been terminated. The/these individual(s), who are parties to the adoption proceeding, MUST be given notice of the adoption either through personal service as indicated previously or publication in the newspaper. If the parent is unknown or cannot be located after a diligent search and notice has been provided as previously indicated, Petitioner(s) may ask the Court to terminate parental rights by default. To request this, Petitioner(s) must file a written Motion for Default (see sample #4) outlining why a parent could not be located and what steps Petitioner(s) took to locate them. Attached to this Motion for Default you must file the following:

Affidavit of Due Diligence (see sample #5) must specifically detail all actions taken to locate the parent (printed out results from internet-based searches search of federal and local prison databases; social media searches and any attempts made by you to obtain information from family members, friends and/or co-workers of the absent parent). The Affidavit of Due Diligence must be signed and notarized. All search results must be printed out and attached to the affidavit.
A Military Affidavit ensuring that the absent parent is not serving in the military (you may check the Department of Defense Manpower database).
Certificate of Publication if notice was published in the newspaper;
Certification from the Putative Father Registry;

You must also file a Notice of Motion which sets the date and time for your court appearance on a Motion for Default on the Juvenile Judge’s calendar. To obtain a court date and time on the Juvenile Judge’s calendar, please contact the Rock Island County Circuit Clerk requesting time on the Juvenile Judge’s calendar so the Circuit Clerk may put you in contact with the Juvenile Circuit Clerk who has access to the Juvenile Judge’s calendar. Petitioner(s) must serve both the notice of motion and the motion for default on the Guardian Ad Litem and any other parties who have appeared on the matter before the court.

Appear in Court on the scheduled date to present your Motion for Default and answer the judge’s questions. At the hearing on the Motion for Default Order, please provide the court with a draft Default Order which terminates parental rights (see sample #6).

If you engage in a Motion for Default hearing, request a finalization of adoption hearing at this time so that your Petition for Adoption can be scheduled.

Finalization

After the rights of all non-petitioner parents have been terminated (or a consent has been executed in front of the Juvenile Judge) and the Court receives a favorable report from the Guardian Ad Litem and investigator (if an investigator was appointed in your case), the Court will finalize the case and enter a final Judgment of Adoption. The Judgment of Adoption establishes the Petitioner(s) as the legal parent(s) of the minor(s). In the Judgment of Adoption, the minor(s) name(s) is/are formally changed to the name requested by the Petitioner. Please bring a proposed Judgment of Adoption to the final hearing (see sample #7).

ADOPTION-RELATED FORMS CAN BE ACCESSED THROUGH THE LINK BELOW.

ADOPTION FORMS

JUVENILE DIVISON

The following provides an overview of the Child Protection Court process within the Fourteenth Judicial Circuit Court of Illinois, Rock Island County. It is intended to help youth and families understand their rights, the steps involved in abuse, neglect, and dependency cases, and the roles of key participants such as attorneys, caseworkers, and advocates. Please review the information carefully to become familiar with what to expect in court, how to prepare, and how to work toward a safe and permanent resolution for your family.

Child Protection Court Information

In Illinois, juvenile court proceedings are generally private. The general public is not allowed to enter the courtroom or access court records. However, there are some exceptions. In certain counties, the news media and alleged victims may be permitted in the courtroom. Additionally, information about court proceedings may appear in newspapers or on television, but without disclosing the names of the juveniles or their parents/guardians. This privacy protection aims to safeguard children from stigma and collateral consequences associated with public availability of their records. If you or someone you know is involved in a juvenile court case, it’s essential to understand your rights and work closely with your lawyer to navigate the legal process effectively.

The Juvenile Justice Division in Illinois has exclusive jurisdiction over all minors under the age of 17 who have been charged with violating a federal law, state law, or municipal ordinance (other than a traffic, boating, fishing, or gaming law violation). Juvenile court cases generally include the following: petition for adjudication of wardship, summons, motions, responses from prosecution and defense, reports, and social investigations. Juvenile files are maintained for a period of 21 years from the date of the case’s initiation. In the 21st year, a petition for destruction of records is made known from the Administrative Office of Illinois Courts. Juvenile records are confidential and cannot be viewed by the general public. As dictated by the Juvenile Court Act of 1987, only those individuals related to the court action may actually view the file. Any other request must be directed to the Presiding Judge of the Juvenile Division.

The Child Protection Division of the Juvenile Justice and Illinois Department of Children and Family Services handles cases involving child abuse, child neglect, child dependency, private guardianship, and termination of parental rights. Case files in the Child Protection Division may contain information of a personal nature, including demographic data such as family background, education, and health. These cases may only be viewed by the child, legal parents, attorneys, judges, judicial officers, social service agencies, and law enforcement agencies directly involved with the case, or otherwise by court order. Some content in these files includes the Petition for Adjudication of Wardship, Attorney Appearance Form, Response to Petition for Adjudication of Wardship, Orders of Continuance, Affidavit of Service by Publication, Orders of Adjudication, Dispositional Order(s), Permanency Review Order(s), Discharge Order(s) and case service plans.

If you have specific questions about juvenile court cases or need legal advice, please consult an attorney who specializes in juvenile law. They can provide personalized guidance based on your situation. Remember that juvenile court proceedings and records are confidential, and only authorized individuals are allowed into the courtroom and/or may access the records.

JUVENILE “DISQUALIFIED” OFFENSES FROM AUTOMATIC EXPUNGEMENT

705 ILCS 405/5-915(0.3) (a) Upon an adjudication of delinquency based on any offense except a disqualified offense, the juvenile court shall automatically order the expungement of the juvenile court and law enforcement records 2 years after the juvenile's case was closed if no delinquency or criminal proceeding is pending and the person has had no subsequent delinquency adjudication or criminal conviction.

Disqualified offenses include the following:

720 ILCS 5/:

8-1(b) Solicitation of Murder

8-1.2 Solicitation of Murder for Hire

9-1 Murder

9-1.2 Intentional Homicide of Unborn Child

9-2 Second Degree Murder

9-3 Involuntary Manslaughter & Reckless Homicide

9-3.2 Involuntary Manslaughter & Reckless Homicide of Unborn Child

10-1 Kidnapping

10-2 Aggravated Kidnapping

10-3 Unlawful Restraint

10-4 Forcible Detention

10-5 Child Abduction

10-9 Trafficking Persons

11-1.20 Criminal Sexual Assault

11-1.30 Aggravated Criminal Sexual Assault

11-1.40 Predatory Criminal Sexual Assault of a Child

11-1.50 Criminal Sexual Abuse

11-1.60 Aggravated Criminal Sexual Abuse

11-6 Indecent Solicitation of a Child

11-6.5 Indecent Solicitation of an Adult

11-14.4(a)(4) Promoting Juvenile Prostitution (Intellectual Disability)

12-2 Aggravated Assault

12-3.05 Aggravated Battery

12-3.1(a-5) Aggravated Battery of Unborn Child

12-3.3 Aggravated Domestic Battery

12-4.4a Abuse/Neglect of an Elderly Person

12-5.02 Vehicular Endangerment

12-6(a)(1) Intimidation (Physical Harm)

12-6(a)(2) Intimidation (Physical Confinement or Restraint)

12-6(a)(3) Intimidation (Commits a felony or misdemeanor)

12-6.2 Aggravated Intimidation

12-6.5 Compelling Organization Membership

12-7.1 Hate Crime

12-7.3(a-3) Stalking

12-7.3(a-5) Stalking (prior conviction)

12-7.4(a)(1) Aggravated Stalking (physical harm)

12-7.4(a)(2) Aggravated Stalking (confinement/restraint)

12-7.5 Cyberstalking

12-9(a)(1)(i) Threatening a Public Official

12-20.5 Dismembering Human Body

12-32 Ritual Mutilation

12-33 Ritualized Abuse of a Child

12-34 Female Genital Mutilation

12-34.5 Inducement to Commit Suicide

18-1 Robbery/Aggravated Robbery

18-2 Armed Robbery

18-3 Vehicular Hijacking

18-4 Aggravated Vehicular Hijacking

18-6 Vehicular Invasion

19-3 Residential Burglary

19-6 Home Invasion

20-1 Arson; Residential Arson; Place of Worship Arson

20-1.1 Aggravated Arson

24-1.2 Unlawful Possession of a Weapon by a Felon

24-1.2-5 Aggravated Discharge of a Machine Gun or Firearm with Silencer

24-1.6(a)(3)(H) Aggravated Unlawful Use of Weapons (commits or attempts to commit

Misdemeanor offense by use of force or threats)

24-3A Gunrunning

24-3B Firearms Trafficking

24-3.2 Unlawful Discharge of Firearms Projectile

24-3.8 Possession of Stolen Firearm

24-3.9 Aggravated Possession of Stolen Firearm

25-1(a)(1) Mob Action (Use of Force)

29D-14.9 Terrorism

29D-20 Making a Terrorist Threat

30-1 Treason

31-1(a-7) Resisting a Peace Officer (with Officer injured)

31-1a Disarming a Peace Officer or Correctional Institute Employee

32-4a Harassment of Representative for the Child, Jurors, Others

33A-2 Armed Violence

JUVENILE SEX OFFENDER

TERMINATION OF REGISTRATION REQUIREMENTS INFORMATION

PLEASE TAKE YOUR TIME AND READ THE INFORMATION BELOW

Pursuant to Illinois law (730 ILCS 150/3-5): Juvenile Sex Offenders ordered to register as sex offenders may petition the court to terminate registration requirements under the following conditions:

If the offense for which the minor was found delinquent would be a FELONY if the minor were charged as an adult, a minimum of five years of registration must pass before the minor may petition for termination of the term of registration.
If the offense for which the minor was found delinquent would be a MISDEMEANOR if the minor were charged as an adult, a minimum of two years of registration must pass before the minor may petition for the termination of the term of registration.

The Process

The law requires that the minor must be represented by an attorney at the court hearing (730 ILCS 150/3-5(f)).

The minor may contact one of the following for legal representation:

His/her own attorney;
Prairie State Legal Services;
Motion the Court to appoint the Rock Island County Public Defender’s Office;

A Petition to Terminate Juvenile Registration Requirements – Sex Offender (730 ILCS 150/3-5) along with attached exhibits must be filed and served on the Rock Island County State’s Attorney’s Office, the Illinois State Police (sex offender registry division), the victim and the arresting agency.

Attached exhibits may include but are not limited to the following:

Proof of compliance with all registration requirements for the registration duration, obtained from local law enforcement agencies.
Evidence of having successfully completed any court-ordered sex offender treatment programs.

A current and complete criminal history report to demonstrate a clean record since the original conviction.

Once service is complete upon the Rock Island County State’s Attorney’s Office, victim and the arresting agency and 30 days has lapsed to allow the filing of responses and/or objections, the matter may be set for court hearing.

The Court Hearing

The attorney for the minor registrant will represent him/her at the court hearing and may also assist the registrant in preparing and filing the Petition to Terminate Juvenile Registration Requirements – Sex Offender form.

The attorney may call the Rock Island County State’s Attorney’s Office to schedule the Petition for hearing.

A Notice of Hearing must be filed and served containing the date and time of the hearing.

The Court may, upon a hearing on the Petition for Termination of Juvenile Registration Requirements – Sex Offender, terminate registration if the court finds the registrant poses no risk to the community. To determine whether a registrant poses a risk to the community, the court is required to consider the following factors:

(a) A risk assessment performed by an evaluator approved by the Sex Offender Management Board;

(b) The sex offender history of the adjudicated juvenile delinquent;

(d) The age of the adjudicated juvenile delinquent at the time of offense;

I Information related to the adjudicated delinquent’s mental, physical, educational, and social history;

(f) Victim impact statements.

(g) Any other factors deemed relevant by the court.

JUVENILE RELATED FORMS CAN BE ACCESSED THROUGH THE LINK BELOW.

JUVENILE FORMS

Juveniles adjudicated for sex offenses may now expunge those records, so long as they have successfully petitioned off the Juvenile Sex Offender Registry. See 705 ILCS 405/5-915(2). If you are currently required to register on the Juvenile Sex Offender Registry, the case cannot be expunged yet. If you have successfully petitioned for removal from the Registry under 730 ILCS 150/3-5, then the offense may be expunged, and you may use these forms.

If your juvenile record does not qualify for automatic expungement, it may be expunged by filing a Request for Juvenile Record Expungement with the court.

You can petition to expunge most charges except:

Finding of guilt for felony first-degree murder, and
Sex offenses requiring registration at the time you petition the court for expungement.

If you have been removed from the sex offense registry or are no longer required to register, then you may file a petition to expunge, including sex offenses.

If you were tried and convicted as an adult, you are never eligible to expunge any findings of guilty for Class A misdemeanors or felony offenses from your juvenile record.

After 1 year

Arrests that did not result in charges. You cannot have any arrests or charges within six months before expungement.
Arrest and court records of cases if they result in:
- Dismissal;
- Finding of "not delinquent;"
- Order of supervision that is terminated successfully; or
- Finding of guilt for a Class B or C misdemeanor or petty or business offense

After 2 years

This starts at the end of the last juvenile court sentence (including any time spent incarcerated). Note: Being eligible does not mean that an expungement will be granted. If you have an adult conviction or if the offense is a “forcible felony,” the judge has the discretion to grant or deny the petition.

You were arrested as a juvenile; and
Findings of guilt for Class A misdemeanor or non-violent felony offense (subject to exceptions). Must be no other pending cases or findings of guilty.