Caring for a foster child often grows into a desire to make the relationship permanent. Being familiar with the process helps you prepare for all the requirements ahead of time.
The child’s legal availability
Foster placement gives you responsibility for daily care, but it does not end the birth parents’ rights. The child must first become legally available for adoption.
Birth parents may voluntarily surrender their rights to the Illinois Department of Children and Family Services or a licensed agency. They can also consent to adoption by a particular caregiver, but an informal agreement does not have the same legal standing.
These options are not available in every case, so the state may petition the court to end the parental relationship. The judge must find clear and convincing evidence of unfitness, such as abandonment or repeated neglect, and determine that termination serves the child’s best interests.
The family’s placement approval
Before the adoption can proceed, the department must review and approve your family as a permanent placement. During this assessment, caseworkers consider the bond you have formed, the need for stability and, when appropriate, the child’s wishes.
How long the child has lived in your home also matters. After one continuous year, state law gives licensed foster parents preference and first consideration. A shorter stay does not automatically disqualify you, but the child’s welfare remains the priority in any decision.
The state’s assistance agreement
Some families qualify for ongoing assistance after adoption. This support can include monthly payments, a Medicaid card and services for approved physical, emotional or mental health needs.
Before the court issues the adoption order, Illinois requires the department and adoptive parents to sign a written agreement. The document lists the approved payments and services. An attorney can review its terms and confirm that supporting records include the child’s known conditions.
The court’s final judgment
To begin the court phase, you file a petition identifying your family, the child and the person or agency authorized to consent. In most foster care cases, that approval comes from the legal guardian. If the child is age 14 or older, their consent is also required.
After filing, the court appoints a guardian ad litem to represent the child and orders the required investigation. A report completed by a licensed child welfare agency within the previous year may satisfy that review.
At the final hearing, the judge examines the report and any other evidence. The court may grant the petition after finding that all required consents are valid.