|
|
Rep. Sara Feigenholtz
Filed: 5/12/2004
|
|
09300SB2499ham001 |
|
LRB093 20563 RLC 50802 a |
|
|
| 1 |
| AMENDMENT TO SENATE BILL 2499
|
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2499 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Child Care Act of 1969 is amended by adding |
| 5 |
| Section 14.5 as follows:
|
| 6 |
| (225 ILCS 10/14.5 new)
|
| 7 |
| Sec. 14.5. Offering, providing, or co-signing a loan or |
| 8 |
| other credit accommodation. No person or entity shall offer, |
| 9 |
| provide, or co-sign a loan or other credit accommodation, |
| 10 |
| directly or indirectly, with a biological parent or a relative |
| 11 |
| of a biological parent based on the contingency of a surrender |
| 12 |
| or placement of a child for adoption.
|
| 13 |
| Section 10. The Adoption Compensation Prohibition Act is |
| 14 |
| amended by changing Section 4.1 as follows:
|
| 15 |
| (720 ILCS 525/4.1) (from Ch. 40, par. 1704.1)
|
| 16 |
| Sec. 4.1. Payment of certain expenses.
|
| 17 |
| (a) A person or persons who have filed or intend to file a |
| 18 |
| petition to
adopt a child under the Adoption Act shall be |
| 19 |
| permitted to pay the
reasonable living expenses of the |
| 20 |
| biological parents of the child sought to
be adopted, in |
| 21 |
| addition to those expenses set forth in Section 4, only in
|
| 22 |
| accordance with the provisions of this Section.
|
|
|
|
09300SB2499ham001 |
- 2 - |
LRB093 20563 RLC 50802 a |
|
|
| 1 |
| "Reasonable living expenses" means the reasonable costs of |
| 2 |
| lodging, food,
and clothing for the biological parents during |
| 3 |
| the period of the biological
mother's pregnancy and for no more |
| 4 |
| than 30 days after the birth of the
child. The term does not |
| 5 |
| include expenses for lost wages, gifts,
educational expenses, |
| 6 |
| or other similar expenses of the biological parents.
|
| 7 |
| (b) The petitioners may seek leave of the court to pay the |
| 8 |
| reasonable
living expenses of the biological parents. They |
| 9 |
| shall be permitted to pay
the reasonable living expenses of the |
| 10 |
| biological parents only upon prior
order of the circuit court |
| 11 |
| where the petition for adoption will be filed,
or if the |
| 12 |
| petition for adoption has been filed in the circuit court where
|
| 13 |
| the petition is pending.
|
| 14 |
| (c) Payments under this Section shall be permitted only in |
| 15 |
| those
circumstances where there is a demonstrated need for the |
| 16 |
| payment of such
expenses to protect the health of the |
| 17 |
| biological parents or the health of
the child sought to be |
| 18 |
| adopted.
|
| 19 |
| (d) Payment of their reasonable living expenses, as |
| 20 |
| provided in this
Section, shall not obligate the biological |
| 21 |
| parents to place the child for
adoption. In the event the |
| 22 |
| biological parents choose not to place the
child for adoption, |
| 23 |
| the petitioners shall have no right to seek
reimbursement
of |
| 24 |
| moneys paid to the biological parents pursuant to a court
order |
| 25 |
| under this Section.
|
| 26 |
| (d-5) No person or entity shall offer, provide, or co-sign |
| 27 |
| a loan or any other credit accommodation, directly or |
| 28 |
| indirectly, with a biological parent or a relative of a |
| 29 |
| biological parent based on the contingency of a surrender or |
| 30 |
| placement of a child for adoption.
|
| 31 |
| (e) Within 14 days after the completion of all payments for |
| 32 |
| reasonable
living expenses of the biological parents under this |
| 33 |
| Section, the petitioners
shall present a final accounting of |
| 34 |
| all those expenses to the court. The
accounting shall include |
|
|
|
09300SB2499ham001 |
- 3 - |
LRB093 20563 RLC 50802 a |
|
|
| 1 |
| vouchers for all moneys expended, copies of all checks
written, |
| 2 |
| and receipts for all cash payments. The accounting shall also |
| 3 |
| include
the verified statements of the petitioners, each |
| 4 |
| attorney of record, and the
biological parents or parents to |
| 5 |
| whom or on whose behalf the payments were made
attesting to the |
| 6 |
| accuracy of the accounting.
|
| 7 |
| (f) If the placement of a child for adoption is made in |
| 8 |
| accordance with the
Interstate Compact on the Placement of |
| 9 |
| Children, and if the sending state
permits the payment of any |
| 10 |
| expenses of biological parents that are not
permitted under |
| 11 |
| this Act, then the payment of those expenses shall not be a
|
| 12 |
| violation of this Act. In that event, the petitioners shall |
| 13 |
| file an accounting
of all payments of the expenses of the |
| 14 |
| biological parent or
parents with the court in which the |
| 15 |
| petition for adoption is filed or is to be
filed. The |
| 16 |
| accounting shall include a copy of the statutory provisions of |
| 17 |
| the
sending state that permit payments in addition to those |
| 18 |
| permitted by this Act
and a copy of all orders entered in the |
| 19 |
| sending state that relate to expenses
of the biological parents |
| 20 |
| paid by the petitioners in the sending state.
|
| 21 |
| (g) The petitioners shall be permitted to pay the |
| 22 |
| reasonable attorney's fees
of the biological parents' attorney |
| 23 |
| in connection with proceedings under this
Act or in connection |
| 24 |
| with proceedings for the adoption of the child. The
attorney's |
| 25 |
| fees shall be paid only after a petition seeking leave to pay |
| 26 |
| those
fees is filed with the court in which the adoption |
| 27 |
| proceeding is filed or to be
filed. The court shall review the |
| 28 |
| petition for leave to pay attorney's fees,
and if the court |
| 29 |
| determines that the fees requested are reasonable, the court
|
| 30 |
| shall permit
the petitioners to pay them. If the court |
| 31 |
| determines that the fees requested
are not
reasonable, the |
| 32 |
| court shall determine and set the reasonable attorney's fees of
|
| 33 |
| the biological parents' attorney which may be paid by the |
| 34 |
| petitioners.
|