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.

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