Full Text of HB0468 95th General Assembly
HB0468 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0468
Introduced 2/1/2007, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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720 ILCS 525/4.1 |
from Ch. 40, par. 1704.1 |
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Amends the Adoption Compensation Prohibition Act. Provides that an expectant mother may not accept compensation or the payment of reasonable medical or hospital expenses or reasonable living expenses from 2 or more persons not residing within the same household who have been promised the surrender or the consent to adoption of the same child for whom the mother expects to give birth. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a subsequent offense.
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A BILL FOR
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HB0468 |
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LRB095 07910 RLC 28072 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Compensation Prohibition Act is | 5 |
| amended by changing Section 4.1 as follows:
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| (720 ILCS 525/4.1) (from Ch. 40, par. 1704.1)
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| Sec. 4.1. Payment of certain expenses.
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| (a) A person or persons who have filed or intend to file a | 9 |
| petition to
adopt a child under the Adoption Act shall be | 10 |
| permitted to pay the
reasonable living expenses of the | 11 |
| biological parents of the child sought to
be adopted, in | 12 |
| addition to those expenses set forth in Section 4, only in
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| accordance with the provisions of this Section.
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| "Reasonable living expenses" means those expenses related | 15 |
| to activities of daily living and meeting basic needs, | 16 |
| including, but not limited to, lodging, food,
and clothing for | 17 |
| the biological parents during the biological
mother's | 18 |
| pregnancy and for no more than 120 days prior to the biological | 19 |
| mother's expected date of delivery and for no more than 60 days | 20 |
| after the birth of the
child. The term does not include | 21 |
| expenses for lost wages, gifts,
educational expenses, or other | 22 |
| similar expenses of the biological parents.
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| (b) The petitioners may seek leave of the court to pay the |
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HB0468 |
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LRB095 07910 RLC 28072 b |
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| reasonable
living expenses of the biological parents. They | 2 |
| shall be permitted to pay
the reasonable living expenses of the | 3 |
| biological parents only upon prior
order of the circuit court | 4 |
| where the petition for adoption will be filed,
or if the | 5 |
| petition for adoption has been filed in the circuit court where
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| the petition is pending.
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| (c) Payments under this Section shall be permitted only in | 8 |
| those
circumstances where there is a demonstrated need for the | 9 |
| payment of such
expenses to protect the health of the | 10 |
| biological parents or the health of
the child sought to be | 11 |
| adopted.
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| (d) Payment of their reasonable living expenses, as | 13 |
| provided in this
Section, shall not obligate the biological | 14 |
| parents to place the child for
adoption. In the event the | 15 |
| biological parents choose not to place the
child for adoption, | 16 |
| the petitioners shall have no right to seek
reimbursement from | 17 |
| the biological parents, or from any relative or associate of | 18 |
| the biological parents,
of moneys paid to, or on behalf of, the | 19 |
| biological parents pursuant to a court
order under this | 20 |
| Section.
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| (d-5) No person or entity shall offer, provide, or co-sign | 22 |
| a loan or any other credit accommodation, directly or | 23 |
| indirectly, with a biological parent or a relative or associate
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| of a biological parent based on the contingency of a surrender | 25 |
| or placement of a child for adoption.
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| (d-6) An expectant mother may not accept compensation or |
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HB0468 |
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LRB095 07910 RLC 28072 b |
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| the payment of reasonable medical or hospital expenses or | 2 |
| reasonable living expenses from 2 or more persons not residing | 3 |
| within the same household who have been promised the surrender | 4 |
| or the consent to adoption of the same child for whom the | 5 |
| mother expects to give birth.
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| (e) Within 14 days after the completion of all payments for | 7 |
| reasonable
living expenses of the biological parents under this | 8 |
| Section, the petitioners
shall present a final accounting of | 9 |
| all those expenses to the court. The
accounting shall include | 10 |
| vouchers for all moneys expended, copies of all checks
written, | 11 |
| and receipts for all cash payments. The accounting shall also | 12 |
| include
the verified statements of the petitioners, each | 13 |
| attorney of record, and the
biological parents or parents to | 14 |
| whom or on whose behalf the payments were made
attesting to the | 15 |
| accuracy of the accounting.
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| (f) If the placement of a child for adoption is made in | 17 |
| accordance with the
Interstate Compact on the Placement of | 18 |
| Children, and if the sending state
permits the payment of any | 19 |
| expenses of biological parents that are not
permitted under | 20 |
| this Act, then the payment of those expenses shall not be a
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| violation of this Act. In that event, the petitioners shall | 22 |
| file an accounting
of all payments of the expenses of the | 23 |
| biological parent or
parents with the court in which the | 24 |
| petition for adoption is filed or is to be
filed. The | 25 |
| accounting shall include a copy of the statutory provisions of | 26 |
| the
sending state that permit payments in addition to those |
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LRB095 07910 RLC 28072 b |
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| permitted by this Act
and a copy of all orders entered in the | 2 |
| sending state that relate to expenses
of the biological parents | 3 |
| paid by the petitioners in the sending state.
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| (g) The petitioners shall be permitted to pay the | 5 |
| reasonable attorney's fees
of the biological parents' attorney | 6 |
| in connection with proceedings under this
Act or in connection | 7 |
| with proceedings for the adoption of the child. The
attorney's | 8 |
| fees shall be paid only after a petition seeking leave to pay | 9 |
| those
fees is filed with the court in which the adoption | 10 |
| proceeding is filed or to be
filed. The court shall review the | 11 |
| petition for leave to pay attorney's fees,
and if the court | 12 |
| determines that the fees requested are reasonable, the court
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| shall permit
the petitioners to pay them. If the court | 14 |
| determines that the fees requested
are not
reasonable, the | 15 |
| court shall determine and set the reasonable attorney's fees of
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| the biological parents' attorney which may be paid by the | 17 |
| petitioners.
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| (h) The court may appoint a guardian ad litem for an unborn | 19 |
| child to
represent the interests of the child in proceedings | 20 |
| under this Section.
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| (i) The provisions of this Section apply to a person who | 22 |
| has filed or intends to file a petition to adopt a child under | 23 |
| the Adoption Act. This Section does not apply to a licensed | 24 |
| child welfare agency, as that term is defined in the Child Care | 25 |
| Act of 1969, whose payments are governed by the Child Care Act | 26 |
| of 1969 and the Department rules adopted thereunder.
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LRB095 07910 RLC 28072 b |
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| (Source: P.A. 93-1063, eff. 6-1-05; 94-586, eff. 8-15-05.)
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