Public Act 093-1063
 
SB2499 Enrolled LRB093 20563 RLC 46372 b

    AN ACT in relation to criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Child Care Act of 1969 is amended by adding
Section 14.5 as follows:
 
    (225 ILCS 10/14.5 new)
    Sec. 14.5. Offering, providing, or co-signing a loan or
other credit accommodation. No person or entity shall offer,
provide, or co-sign a loan or other credit accommodation,
directly or indirectly, with a biological parent or a relative
of a biological parent based on the contingency of a surrender
or placement of a child for adoption.
 
    Section 10. The Adoption Compensation Prohibition Act is
amended by changing Section 4.1 as follows:
 
    (720 ILCS 525/4.1)  (from Ch. 40, par. 1704.1)
    Sec. 4.1. Payment of certain expenses.
    (a) A person or persons who have filed or intend to file a
petition to adopt a child under the Adoption Act shall be
permitted to pay the reasonable living expenses of the
biological parents of the child sought to be adopted, in
addition to those expenses set forth in Section 4, only in
accordance with the provisions of this Section.
    "Reasonable living expenses" means the reasonable costs of
lodging, food, and clothing for the biological parents during
the period of the biological mother's pregnancy and for no more
than 30 days after the birth of the child. The term does not
include expenses for lost wages, gifts, educational expenses,
or other similar expenses of the biological parents.
    (b) The petitioners may seek leave of the court to pay the
reasonable living expenses of the biological parents. They
shall be permitted to pay the reasonable living expenses of the
biological parents only upon prior order of the circuit court
where the petition for adoption will be filed, or if the
petition for adoption has been filed in the circuit court where
the petition is pending.
    (c) Payments under this Section shall be permitted only in
those circumstances where there is a demonstrated need for the
payment of such expenses to protect the health of the
biological parents or the health of the child sought to be
adopted.
    (d) Payment of their reasonable living expenses, as
provided in this Section, shall not obligate the biological
parents to place the child for adoption. In the event the
biological parents choose not to place the child for adoption,
the petitioners shall have no right to seek reimbursement of
moneys paid to the biological parents pursuant to a court order
under this Section.
    (d-5) No person or entity shall offer, provide, or co-sign
a loan or any other credit accommodation, directly or
indirectly, with a biological parent or a relative of a
biological parent based on the contingency of a surrender or
placement of a child for adoption.
    (e) Within 14 days after the completion of all payments for
reasonable living expenses of the biological parents under this
Section, the petitioners shall present a final accounting of
all those expenses to the court. The accounting shall include
vouchers for all moneys expended, copies of all checks written,
and receipts for all cash payments. The accounting shall also
include the verified statements of the petitioners, each
attorney of record, and the biological parents or parents to
whom or on whose behalf the payments were made attesting to the
accuracy of the accounting.
    (f) If the placement of a child for adoption is made in
accordance with the Interstate Compact on the Placement of
Children, and if the sending state permits the payment of any
expenses of biological parents that are not permitted under
this Act, then the payment of those expenses shall not be a
violation of this Act. In that event, the petitioners shall
file an accounting of all payments of the expenses of the
biological parent or parents with the court in which the
petition for adoption is filed or is to be filed. The
accounting shall include a copy of the statutory provisions of
the sending state that permit payments in addition to those
permitted by this Act and a copy of all orders entered in the
sending state that relate to expenses of the biological parents
paid by the petitioners in the sending state.
    (g) The petitioners shall be permitted to pay the
reasonable attorney's fees of the biological parents' attorney
in connection with proceedings under this Act or in connection
with proceedings for the adoption of the child. The attorney's
fees shall be paid only after a petition seeking leave to pay
those fees is filed with the court in which the adoption
proceeding is filed or to be filed. The court shall review the
petition for leave to pay attorney's fees, and if the court
determines that the fees requested are reasonable, the court
shall permit the petitioners to pay them. If the court
determines that the fees requested are not reasonable, the
court shall determine and set the reasonable attorney's fees of
the biological parents' attorney which may be paid by the
petitioners.
    (h) The court may appoint a guardian ad litem for an unborn
child to represent the interests of the child in proceedings
under this Section.
(Source: P.A. 87-1129; 88-148.)