|
Ill. Admin. Code tit. 89, § 307.7
ILLINOIS
ADMINISTRATIVE CODE
TITLE
89: SOCIAL SERVICES
CHAPTER
III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER
A: SERVICE DELIVERY
PART
307. INDIAN CHILD WELFARE SERVICES
307.7
Terminating Parental Rights
a) When the Department decides that terminating parental rights
is the appropriate plan for an Indian child, the Department
shall notify the State's Attorney that the anticipated termination proceeding
involves an Indian child. The State's Attorney will notify the
child's tribe so the tribe may intervene in the termination
proceeding. Evidence beyond a reasonable doubt that the child is
likely to suffer serious emotional or physical injury if returned
to the custody of his parent or Indian custodian must
support a decision to terminate parental rights. This evidence must
include expert witness testimony.
Ordinarily, clear and convincing evidence that the parent is unfit
is the standard of proof for terminating parental rights and
the testimony of an expert witness is optional.
b) Each party to a proceeding to terminate parental
rights which involves an Indian child shall have the right
to examine all reports or other documents which the Department
may present during the proceedings.
c) If the parents of an Indian child wish
to surrender the child for adoption, these surrenders must be
executed in court before a judge. The surrendering parents may
request that the surrender be kept confidential, including the process
of identifying Indian status. This procedure deviates from the standard
practice concerning other surrenders. An Indian parent may surrender a
newborn child only after ten days have passed since that
baby's birth. This contrasts with the 72-hour rule for other
parents. All surrenders under the Indian Child Welfare Act are
revocable at least until the termination order is issued, and
in some cases may be revoked up to the time
the final adoption decree of the Indian child is entered.
Once more this contrasts with the instant irrevocability of other
surrenders.
d) Upon a finding of fraud or duress in
obtaining consent to adoption, the decree of adoption is vacated,
and the Indian child returned to the parent by the
court. The automatic return of the child to the parent
is also unique to this Act.
|