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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Adoption Compensation Prohibition Act is | ||||||||||||||||||||||||||||
5 | amended by changing Sections 3, 4, and 4.1 as follows:
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6 | (720 ILCS 525/3) (from Ch. 40, par. 1703)
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7 | Sec. 3. Definitions.
As used in this Act:
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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.
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20 | (Source: P.A. 94-586, eff. 8-15-05.)
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21 | (720 ILCS 525/4) (from Ch. 40, par. 1704)
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22 | Sec. 4. The provisions of this Act shall not be construed |
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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.
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23 | (Source: P.A. 94-586, eff. 8-15-05.)
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24 | (720 ILCS 525/4.1) (from Ch. 40, par. 1704.1)
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25 | Sec. 4.1. Payment of certain expenses.
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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.
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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.
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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 |
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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.
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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.
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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 |
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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.
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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
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12 | of a biological parent based on the contingency of a surrender | ||||||
13 | or placement of a child for adoption.
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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.
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25 | (f) If the placement of a child for adoption is made in | ||||||
26 | accordance with the
Interstate Compact on the Placement of |
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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
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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.
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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
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26 | shall permit
the petitioners to pay them. If the court |
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1 | determines that the fees requested
are not
reasonable, the | ||||||
2 | court shall determine and set the reasonable attorney's fees of
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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.
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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.
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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.
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17 | (Source: P.A. 93-1063, eff. 6-1-05; 94-586, eff. 8-15-05.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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