As amended through September 23, 2024
Rule 21.17 - APPOINTMENT OF CONFIDENTIAL INTERMEDIARIES(a) Proceedings to obtain the appointment of a Confidential Intermediary (750 ILCS 50/18.3a) are to be scheduled on the 10:00 a.m. call.(b) A petition for the appointment of a Confidential Intermediary may be filed by the following persons: (1) an adopted person 21 years of age or over;(2) a surrendered person 21 years of age or over;(3) the adoptive parent or legal guardian of an adopted or surrendered person under the age of 21;(4) a birth parent of an adopted or surrendered person 21 years of age or over;(5) an adult child, adoptive parent, legal guardian, or surviving spouse of a deceased adopted or surrendered person;(6) an adult birth sibling of an adopted or surrendered person whose common birth parent is deceased and whose adopted or surrendered person is 21 years of age or over; or(7) an adult sibling of a deceased birth parent whose surrendered child is 21 years of age or over.(c) Any person seeking the appointment of a Confidential Intermediary must accompany the Petition filed with the Court with proof of registration with the Illinois Adoption Registry and Medical Information Exchange (750 ILCS 50/18.04).(d) The Confidential Intermediary, if appointed by the Court, will have the authority to conduct an investigation in order to locate and contact the person being sought. This may include access to certain court and other confidential records that would not normally be available for review. However, no investigation can be undertaken if there has been a Denial of Information Exchange filed with the Illinois Adoption Registry by the individual who is the subject of the inquiry. The Confidential Intermediary will not have access to medical information protected by federal law unless the person whose information is being sought grants permission for access to this information in writing.(e) At the hearing, the Court will review the Petition and consider any additional information supplied by the Petitioner in open court. If the Petitioner has established the right to the appointment of a Confidential Intermediary, the Court will enter the order that day. The statute requires the Court to appoint as Confidential Intermediaries persons certified by the Illinois Department of Children and Family Services. The Confidential Intermediary Service of Illinois is administered by the Midwest Adoption Center. The Court will select a Confidential Intermediary randomly from the list provided by the service agency.(f) If a Confidential Intermediary is appointed, the Court will continue the matter for one year to allow the completion of the investigation. The Court will forward a copy of the Order of Appointment to the Petitioner and the appointed Intermediary. Midwest Adoption Center will normally contact the Petitioner within three weeks of the appointment at which time the fees will be due.(g) These matters are formal court proceedings, and as such, procedural rules must be followed. After the appointment of a Confidential Intermediary, the Petitioner should communicate directly with the designated Intermediary and/or with the service agency, Midwest Adoption Center. Any communication to the Court by either the Petitioner or Intermediary should also be sent to the other person and should be styled as a Motion or Petition requesting the Court's official action. The correspondence should be sent to the Court and other party no later than 5 business days prior to the requested court date.Ill. R. Cir. Ct. Dupage Cnty. 21.17