Full Text of HB1385 099th General Assembly
HB1385 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1385 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the payment or receipt of compensation for providing adoption services.
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| | A BILL FOR |
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| | | HB1385 | | LRB099 07700 RLC 27833 b |
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| 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 Criminal Code of 2012 is amended by changing | 5 | | Section 12C-70 as follows: | 6 | | (720 ILCS 5/12C-70) | 7 | | Sec. 12C-70. Adoption compensation prohibited. | 8 | | (a) Receipt of compensation for for placing out prohibited; | 9 | | exception. No person and no agency, association, corporation, | 10 | | institution,
society, or other organization, except a child | 11 | | welfare agency as defined by
the Child Care Act of 1969, shall | 12 | | knowingly request, receive or accept any compensation or thing | 13 | | of
value, directly or indirectly, for providing adoption | 14 | | services, as defined in Section 2.24 of the Child Care Act of | 15 | | 1969. | 16 | | (b) Payment of compensation for placing out prohibited. No | 17 | | person shall knowingly pay or give any compensation or thing of | 18 | | value,
directly or indirectly, for providing adoption | 19 | | services, as defined in Section 2.24 of the Child Care Act of | 20 | | 1969, including placing out of a child to any person or to any
| 21 | | agency, association, corporation, institution, society, or | 22 | | other
organization except a child welfare agency as defined by | 23 | | the Child Care
Act of 1969. |
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| 1 | | (c) Certain payments of salaries and medical expenses not | 2 | | prevented. | 3 | | (1) The provisions of this Section shall not be | 4 | | construed to prevent the
payment of salaries or other | 5 | | compensation by a licensed child welfare
agency providing | 6 | | adoption services, as that term is defined by the Child | 7 | | Care Act of 1969, to the officers, employees, agents, | 8 | | contractors, or any other persons acting on behalf of the | 9 | | child welfare agency, provided that such salaries and | 10 | | compensation are consistent with subsection (a) of Section | 11 | | 14.5 of the Child Care Act of 1969. | 12 | | (2) The provisions of this Section shall not
be | 13 | | construed to prevent the payment by a prospective adoptive | 14 | | parent of reasonable and actual medical fees or hospital
| 15 | | charges for services rendered in connection with the birth | 16 | | of such child,
if such payment is made to the physician or | 17 | | hospital who or which rendered
the services or to the | 18 | | biological mother of the child or to prevent the
receipt of | 19 | | such payment by such physician, hospital, or mother. | 20 | | (3) The provisions of this Section shall not be | 21 | | construed to prevent a prospective adoptive parent from | 22 | | giving a gift or gifts or other thing or things of value to | 23 | | a biological parent provided that the total value of such | 24 | | gift or gifts or thing or things of value does not exceed | 25 | | $200. | 26 | | (d) Payment of certain expenses. |
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| 1 | | (1) A prospective adoptive parent shall be permitted to | 2 | | pay the
reasonable living expenses of the biological | 3 | | parents of the child sought to
be adopted, in addition to | 4 | | those expenses set forth in subsection (c), only in
| 5 | | accordance with the provisions of this subsection (d).
| 6 | | "Reasonable living expenses" means those expenses | 7 | | related to activities of daily living and meeting basic | 8 | | needs, including, but not limited to, lodging, food,
and | 9 | | clothing for the biological parents during the biological
| 10 | | mother's pregnancy and for no more than 120 days prior to | 11 | | the biological mother's expected date of delivery and for | 12 | | no more than 60 days after the birth of the
child. The term | 13 | | does not include expenses for lost wages, gifts,
| 14 | | educational expenses, or other similar expenses of the | 15 | | biological parents.
| 16 | | (2)(A) The prospective adoptive parents may seek leave | 17 | | of the court to pay the reasonable
living expenses of the | 18 | | biological parents. They shall be permitted to pay
the | 19 | | reasonable living expenses of the biological parents only | 20 | | upon prior
order of the circuit court where the petition | 21 | | for adoption will be filed,
or if the petition for adoption | 22 | | has been filed in the circuit court where
the petition is | 23 | | pending. | 24 | | (B) Notwithstanding clause (2)(A) of this subsection | 25 | | (d), a prospective adoptive parent may advance a maximum of | 26 | | $1,000 for reasonable birth parent living expenses without |
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| 1 | | prior order of court. The prospective adoptive parents | 2 | | shall present a final accounting of all expenses to the | 3 | | court prior to the entry of a final judgment order for | 4 | | adoption. | 5 | | (C) If the court finds an accounting by the prospective | 6 | | adoptive parents to be incomplete or deceptive or to | 7 | | contain amounts which are unauthorized or unreasonable, | 8 | | the court may order a new accounting or the repayment of | 9 | | amounts found to be excessive or unauthorized or make any | 10 | | other orders it deems appropriate.
| 11 | | (3) Payments under this subsection (d) shall be | 12 | | permitted only in those
circumstances where there is a | 13 | | demonstrated need for the payment of such
expenses to | 14 | | protect the health of the biological parents or the health | 15 | | of
the child sought to be adopted.
| 16 | | (4) Payment of their reasonable living expenses, as | 17 | | provided in this
subsection (d), shall not obligate the | 18 | | biological parents to place the child for
adoption. In the | 19 | | event the biological parents choose not to place the
child | 20 | | for adoption, the prospective adoptive parents shall have | 21 | | no right to seek
reimbursement from the biological parents, | 22 | | or from any relative or associate of the biological | 23 | | parents,
of moneys paid to, or on behalf of, the biological | 24 | | parents pursuant to a court
order under this subsection | 25 | | (d). | 26 | | (5) Notwithstanding paragraph (4) of this subsection |
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| 1 | | (d), a prospective adoptive parent may seek reimbursement | 2 | | of reasonable living expenses from a person who receives | 3 | | such payments only if the person who accepts payment of | 4 | | reasonable living expenses before the child's birth, as | 5 | | described in paragraph (4) of this subsection (d), knows | 6 | | that the person on whose behalf he or she is accepting | 7 | | payment is not pregnant at the time of the receipt of such | 8 | | payments or the person receives reimbursement for | 9 | | reasonable living expenses simultaneously from more than | 10 | | one prospective adoptive parent without the knowledge of | 11 | | the prospective adoptive parent.
| 12 | | (6) No person or entity shall offer, provide, or | 13 | | co-sign a loan or any other credit accommodation, directly | 14 | | or indirectly, with a biological parent or a relative or | 15 | | associate
of a biological parent based on the contingency | 16 | | of a surrender or placement of a child for adoption.
| 17 | | (7) Within 14 days after the completion of all payments | 18 | | for reasonable
living expenses of the biological parents | 19 | | under this subsection (d), the prospective adoptive | 20 | | parents
shall present a final accounting of all those | 21 | | expenses to the court. The accounting shall also include
| 22 | | the verified statements of the prospective adoptive | 23 | | parents, each attorney of record, and the
biological | 24 | | parents or parents to whom or on whose behalf the payments | 25 | | were made
attesting to the accuracy of the accounting.
| 26 | | (8) If the placement of a child for adoption is made in |
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| 1 | | accordance with the
Interstate Compact on the Placement of | 2 | | Children, and if the sending state
permits the payment of | 3 | | any expenses of biological parents that are not
permitted | 4 | | under this Section, then the payment of those expenses | 5 | | shall not be a
violation of this Section. In that event, | 6 | | the prospective adoptive parents shall file an accounting
| 7 | | of all payments of the expenses of the biological parent or
| 8 | | parents with the court in which the petition for adoption | 9 | | is filed or is to be
filed. The accounting shall include a | 10 | | copy of the statutory provisions of the
sending state that | 11 | | permit payments in addition to those permitted by this | 12 | | Section
and a copy of all orders entered in the sending | 13 | | state that relate to expenses
of the biological parents | 14 | | paid by the prospective adoptive parents in the sending | 15 | | state.
| 16 | | (9) The prospective adoptive parents shall be | 17 | | permitted to pay the reasonable attorney's fees
of a | 18 | | biological parent's attorney in connection with | 19 | | proceedings under this
Section or in connection with | 20 | | proceedings for the adoption of the child if the amount of | 21 | | fees of the attorney is $1,000 or less. If the amount of | 22 | | attorney's fees of each biological parent exceeds $1,000, | 23 | | the attorney's fees shall be paid only after a petition | 24 | | seeking leave to pay those
fees is filed with the court in | 25 | | which the adoption proceeding is filed or to be
filed. The | 26 | | court shall review the petition for leave to pay attorney's |
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| 1 | | fees,
and if the court determines that the fees requested | 2 | | are reasonable, the court
shall permit
the petitioners to | 3 | | pay them. If the court determines that the fees requested
| 4 | | are not
reasonable, the court shall determine and set the | 5 | | reasonable attorney's fees of
the biological parents' | 6 | | attorney which may be paid by the petitioners. The | 7 | | prospective adoptive parents shall present a final | 8 | | accounting of all those fees to the court prior to the | 9 | | entry of a final judgment order for adoption.
| 10 | | (10) The court may appoint a guardian ad litem for an | 11 | | unborn child to
represent the interests of the child in | 12 | | proceedings under this subsection (d).
| 13 | | (11) The provisions of this subsection (d) apply to a | 14 | | person who is a prospective adoptive parent. This | 15 | | subsection (d) does not apply to a licensed child welfare | 16 | | agency, as that term is defined in the Child Care Act of | 17 | | 1969, whose payments are governed by the Child Care Act of | 18 | | 1969 and the Department of Children and Family Services | 19 | | rules adopted thereunder. | 20 | | (e) Injunctive relief. | 21 | | (A) Whenever it appears that any person, agency, | 22 | | association, corporation, institution, society, or other | 23 | | organization is engaged or about to engage in any acts or | 24 | | practices that constitute or will constitute a violation of | 25 | | this Section, the Department of Children and Family | 26 | | Services shall inform the Attorney General and the State's |
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| 1 | | Attorney of the appropriate county. Under such | 2 | | circumstances, the Attorney General or the State's | 3 | | Attorney may initiate injunction proceedings. Upon a | 4 | | proper showing, any circuit court may enter a permanent or | 5 | | preliminary injunction or temporary restraining order | 6 | | without bond to enforce this Section or any rule adopted | 7 | | under this Section in addition to any other penalties and | 8 | | other remedies provided in this Section. | 9 | | (B) Whenever it appears that any person, agency, | 10 | | association, corporation, institution, society, or other | 11 | | organization is engaged or is about to engage in any act or | 12 | | practice that constitutes or will constitute a violation of | 13 | | any rule adopted under the authority of this Section, the | 14 | | Department of Children and Family Services may inform the | 15 | | Attorney General and the State's Attorney of the | 16 | | appropriate county. Under such circumstances, the Attorney | 17 | | General or the State's Attorney may initiate injunction | 18 | | proceedings. Upon a proper showing, any circuit court may | 19 | | enter a permanent or preliminary injunction or a temporary | 20 | | restraining order without bond to enforce this Section or | 21 | | any rule adopted under this Section, in addition to any | 22 | | other penalties and remedies provided in this Section.
| 23 | | (f) A violation of this Section on a first conviction is a | 24 | | Class 4 felony, and on a second or subsequent conviction is a
| 25 | | Class 3 felony. | 26 | | (g) "Adoption services" has the meaning given that term in |
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| 1 | | the Child Care Act of 1969. | 2 | | (h) "Placing out" means to arrange for the free care or | 3 | | placement of a child in a family other than that of the child's | 4 | | parent, stepparent, grandparent, brother, sister, uncle or | 5 | | aunt or legal guardian, for the purpose of adoption or for the | 6 | | purpose of providing care. | 7 | | (i) "Prospective adoptive parent" means a person or persons | 8 | | who have filed or intend to file a petition to adopt a child | 9 | | under the Adoption Act.
| 10 | | (Source: P.A. 97-1109, eff. 1-1-13.)
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