|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4571
Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
|
720 ILCS 525/3 |
from Ch. 40, par. 1703 |
720 ILCS 525/4 |
from Ch. 40, par. 1704 |
720 ILCS 525/4.1 |
from Ch. 40, par. 1704.1 |
|
Amends the Adoption Compensation Prohibition Act. Provides that the Act shall not be construed to prevent a prospective adoptive parent from giving gifts or other things of value to a biological parent if the total value does not exceed $200. Provides that a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. Provides that the prospective adoptive parents shall present a final accounting of all expenses to the court before the entry of a final judgment order for adoption. Provides that if the court finds an accounting by the prospective adoptive parents to be incomplete or deceptive or to contain unauthorized or unreasonable amounts, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other appropriate orders. Provides that a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent. Makes other changes. Effective immediately.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4571 |
|
LRB095 14727 RLC 40652 b |
|
|
1 |
| AN ACT concerning criminal law.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Adoption Compensation Prohibition Act is |
5 |
| amended by changing Sections 3, 4, and 4.1 as follows:
|
6 |
| (720 ILCS 525/3) (from Ch. 40, par. 1703)
|
7 |
| Sec. 3. Definitions.
As used in this Act:
|
8 |
| "Adoption services" has the meaning given that term in the |
9 |
| Child Care Act of 1969. |
10 |
| "Placing out" means to arrange for the
free care or |
11 |
| placement of a child in a family other than that of the child's |
12 |
| parent,
stepparent, grandparent, brother, sister, uncle or |
13 |
| aunt or legal guardian,
for the purpose of adoption or for the |
14 |
| purpose of providing care. |
15 |
| "Prospective adoptive parent" means a person or persons who |
16 |
| have filed or intend to file a petition to adopt a child under |
17 |
| the Adoption Act. |
18 |
| "Adoption services" has the meaning given that term in the |
19 |
| Child Care Act of 1969.
|
20 |
| (Source: P.A. 94-586, eff. 8-15-05.)
|
21 |
| (720 ILCS 525/4) (from Ch. 40, par. 1704)
|
22 |
| Sec. 4. The provisions of this Act shall not be construed |
|
|
|
HB4571 |
- 2 - |
LRB095 14727 RLC 40652 b |
|
|
1 |
| to prevent the
payment of salaries or other compensation by a |
2 |
| licensed child welfare
agency providing adoption services, as |
3 |
| that term is defined by the Child Care Act of 1969, as now
or |
4 |
| hereafter amended, to the officers, employees, agents, |
5 |
| contractors, or any other persons acting on behalf of the child |
6 |
| welfare agency, provided that such salaries and compensation |
7 |
| are consistent with subsection (a) of Section 14.5 of the Child |
8 |
| Care Act of 1969. |
9 |
| The provisions of this Act shall not
be construed to |
10 |
| prevent the payment by a prospective adoptive parent person |
11 |
| with whom a
child has been placed for adoption of reasonable |
12 |
| and actual medical fees or hospital
charges for services |
13 |
| rendered in connection with the birth of such child,
if such |
14 |
| payment is made to the physician or hospital who or which |
15 |
| rendered
the services or to the biological mother of the child |
16 |
| or to prevent the
receipt of such payment by such physician, |
17 |
| hospital, or mother. |
18 |
| The provisions of this Act shall not be construed to |
19 |
| prevent a prospective adoptive parent from giving a gift or |
20 |
| gifts or other thing or things of value to a biological parent |
21 |
| provided that the total value of such gift or gifts or thing or |
22 |
| things of value does not exceed $200.
|
23 |
| (Source: P.A. 94-586, eff. 8-15-05.)
|
24 |
| (720 ILCS 525/4.1) (from Ch. 40, par. 1704.1)
|
25 |
| Sec. 4.1. Payment of certain expenses.
|
|
|
|
HB4571 |
- 3 - |
LRB095 14727 RLC 40652 b |
|
|
1 |
| (a) A prospective adoptive parent person or persons who |
2 |
| have filed or intend to file a petition to
adopt a child under |
3 |
| the Adoption Act shall be permitted to pay the
reasonable |
4 |
| living expenses of the biological parents of the child sought |
5 |
| to
be adopted, in addition to those expenses set forth in |
6 |
| Section 4, only in
accordance with the provisions of this |
7 |
| Section.
|
8 |
| "Reasonable living expenses" means those expenses related |
9 |
| to activities of daily living and meeting basic needs, |
10 |
| including, but not limited to, lodging, food,
and clothing for |
11 |
| the biological parents during the biological
mother's |
12 |
| pregnancy and for no more than 120 days prior to the biological |
13 |
| mother's expected date of delivery and for no more than 60 days |
14 |
| after the birth of the
child. The term does not include |
15 |
| expenses for lost wages, gifts,
educational expenses, or other |
16 |
| similar expenses of the biological parents.
|
17 |
| (b) (1) The prospective adoptive parents petitioners may |
18 |
| seek leave of the court to pay the reasonable
living expenses |
19 |
| of the biological parents. They shall be permitted to pay
the |
20 |
| reasonable living expenses of the biological parents only upon |
21 |
| prior
order of the circuit court where the petition for |
22 |
| adoption will be filed,
or if the petition for adoption has |
23 |
| been filed in the circuit court where
the petition is pending. |
24 |
| (2) Notwithstanding clause (b)(1) of this Section, a |
25 |
| prospective adoptive parent may advance a maximum of $1,000 for |
26 |
| reasonable birth parent living expenses without prior order of |
|
|
|
HB4571 |
- 4 - |
LRB095 14727 RLC 40652 b |
|
|
1 |
| court. The prospective adoptive parents shall present a final |
2 |
| accounting of all expenses to the court prior to the entry of a |
3 |
| final judgment order for adoption. |
4 |
| (3) If the court finds an accounting by the prospective |
5 |
| adoptive parents to be incomplete or deceptive or to contain |
6 |
| amounts which are unauthorized or unreasonable, the court may |
7 |
| order a new accounting or the repayment of amounts found to be |
8 |
| excessive or unauthorized or make any other orders it deems |
9 |
| appropriate.
|
10 |
| (c) Payments under this Section shall be permitted only in |
11 |
| those
circumstances where there is a demonstrated need for the |
12 |
| payment of such
expenses to protect the health of the |
13 |
| biological parents or the health of
the child sought to be |
14 |
| adopted.
|
15 |
| (d) Payment of their reasonable living expenses, as |
16 |
| provided in this
Section, shall not obligate the biological |
17 |
| parents to place the child for
adoption. In the event the |
18 |
| biological parents choose not to place the
child for adoption, |
19 |
| the prospective adoptive parents petitioners shall have no |
20 |
| right to seek
reimbursement from the biological parents, or |
21 |
| from any relative or associate of the biological parents,
of |
22 |
| moneys paid to, or on behalf of, the biological parents |
23 |
| pursuant to a court
order under this Section. |
24 |
| (d-1) Notwithstanding subsection (d) of this Section, a |
25 |
| prospective adoptive parent may seek reimbursement of |
26 |
| reasonable living expenses from a person who receives such |
|
|
|
HB4571 |
- 5 - |
LRB095 14727 RLC 40652 b |
|
|
1 |
| payments only if the person who accepts payment of reasonable |
2 |
| living expenses before the child's birth, as described in |
3 |
| subsection (d) of this Section, knows that the person on whose |
4 |
| behalf he or she is accepting payment is not pregnant at the |
5 |
| time of the receipt of such payments or the person receives |
6 |
| reimbursement for reasonable living expenses simultaneously |
7 |
| from more than one prospective adoptive parent without the |
8 |
| knowledge of the prospective adoptive parent.
|
9 |
| (d-5) No person or entity shall offer, provide, or co-sign |
10 |
| a loan or any other credit accommodation, directly or |
11 |
| indirectly, with a biological parent or a relative or associate
|
12 |
| of a biological parent based on the contingency of a surrender |
13 |
| or placement of a child for adoption.
|
14 |
| (e) Within 14 days after the completion of all payments for |
15 |
| reasonable
living expenses of the biological parents under this |
16 |
| Section, the prospective adoptive parents petitioners
shall |
17 |
| present a final accounting of all those expenses to the court. |
18 |
| The
accounting shall include vouchers for all moneys expended, |
19 |
| copies of all checks
written, and receipts for all cash |
20 |
| payments. The accounting shall also include
the verified |
21 |
| statements of the prospective adoptive parents petitioners , |
22 |
| each attorney of record, and the
biological parents or parents |
23 |
| to whom or on whose behalf the payments were made
attesting to |
24 |
| the accuracy of the accounting.
|
25 |
| (f) If the placement of a child for adoption is made in |
26 |
| accordance with the
Interstate Compact on the Placement of |
|
|
|
HB4571 |
- 6 - |
LRB095 14727 RLC 40652 b |
|
|
1 |
| Children, and if the sending state
permits the payment of any |
2 |
| expenses of biological parents that are not
permitted under |
3 |
| this Act, then the payment of those expenses shall not be a
|
4 |
| violation of this Act. In that event, the prospective adoptive |
5 |
| parents petitioners shall file an accounting
of all payments of |
6 |
| the expenses of the biological parent or
parents with the court |
7 |
| in which the petition for adoption is filed or is to be
filed. |
8 |
| The accounting shall include a copy of the statutory provisions |
9 |
| of the
sending state that permit payments in addition to those |
10 |
| permitted by this Act
and a copy of all orders entered in the |
11 |
| sending state that relate to expenses
of the biological parents |
12 |
| paid by the prospective adoptive parents petitioners in the |
13 |
| sending state.
|
14 |
| (g) The prospective adoptive parents petitioners shall be |
15 |
| permitted to pay the reasonable attorney's fees
of a the |
16 |
| biological parent's parents' attorney in connection with |
17 |
| proceedings under this
Act or in connection with proceedings |
18 |
| for the adoption of the child if the amount of fees of the |
19 |
| attorney is $1,000 or less. If the amount of attorney's fees of |
20 |
| each biological parent exceeds $1,000, the . The attorney's |
21 |
| fees shall be paid only after a petition seeking leave to pay |
22 |
| those
fees is filed with the court in which the adoption |
23 |
| proceeding is filed or to be
filed. The court shall review the |
24 |
| petition for leave to pay attorney's fees,
and if the court |
25 |
| determines that the fees requested are reasonable, the court
|
26 |
| shall permit
the petitioners to pay them. If the court |
|
|
|
HB4571 |
- 7 - |
LRB095 14727 RLC 40652 b |
|
|
1 |
| determines that the fees requested
are not
reasonable, the |
2 |
| court shall determine and set the reasonable attorney's fees of
|
3 |
| the biological parents' attorney which may be paid by the |
4 |
| petitioners. The prospective adoptive parents shall present a |
5 |
| final accounting of all those fees to the court prior to the |
6 |
| entry of a final judgment order for adoption.
|
7 |
| (h) The court may appoint a guardian ad litem for an unborn |
8 |
| child to
represent the interests of the child in proceedings |
9 |
| under this Section.
|
10 |
| (i) The provisions of this Section apply to a person who is |
11 |
| a prospective adoptive parent has filed or intends to file a |
12 |
| petition to adopt a child under the Adoption Act . This Section |
13 |
| does not apply to a licensed child welfare agency, as that term |
14 |
| is defined in the Child Care Act of 1969, whose payments are |
15 |
| governed by the Child Care Act of 1969 and the Department rules |
16 |
| adopted thereunder.
|
17 |
| (Source: P.A. 93-1063, eff. 6-1-05; 94-586, eff. 8-15-05.)
|
18 |
| Section 99. Effective date. This Act takes effect upon |
19 |
| becoming law.
|