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| Public Act 093-1063 |
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AN ACT in relation to criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Child Care Act of 1969 is amended by adding | ||||
Section 14.5 as follows: | ||||
(225 ILCS 10/14.5 new)
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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:
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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 | ||||
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
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accordance with the provisions of this Section.
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"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.
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(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
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the petition is pending.
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(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.
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(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.
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(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.
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(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.
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(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
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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.
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(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
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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
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the biological parents' attorney which may be paid by the | ||
petitioners.
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(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.
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(Source: P.A. 87-1129; 88-148.)
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