Illinois Chapter 720 Criminal Offenses
720 ILCS 525/ Adoption Compensation Prohibition Act.
(720 ILCS 525/0.01) (from Ch. 40, par. 1700)
Sec. 0.01.
Short title.
This Act may be cited as the
Adoption Compensation Prohibition Act.
(Source: P.A. 86‑1324.)
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(720 ILCS 525/1) (from Ch. 40, par. 1701)
Sec. 1. No person and no agency, association, corporation, institution,
society, or other organization, except a child welfare agency as defined by
the Child Care Act of 1969, as now or hereafter
amended, shall request, receive or accept any compensation or thing of
value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969.
(Source: P.A. 94‑586, eff. 8‑15‑05.)
(720 ILCS 525/2) (from Ch. 40, par. 1702)
Sec. 2. No person shall pay or give any compensation or thing of value,
directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any
agency, association, corporation, institution, society, or other
organization except a child welfare agency as defined by the Child Care
Act of 1969, as now or hereafter amended.
(Source: P.A. 94‑586, eff. 8‑15‑05.)
(720 ILCS 525/3) (from Ch. 40, par. 1703)
Sec. 3. Definitions.
As used in this Act:
"Placing out" means to arrange for the
free care or placement of a child in a family other than that of the child's parent,
stepparent, grandparent, brother, sister, uncle or aunt or legal guardian,
for the purpose of adoption or for the purpose of providing care. "Adoption services" has the meaning given that term in the Child Care Act of 1969.
(Source: P.A. 94‑586, eff. 8‑15‑05.)
(720 ILCS 525/4) (from Ch. 40, par. 1704)
Sec. 4. The provisions of this Act shall not be construed to prevent the
payment of salaries or other compensation by a licensed child welfare
agency providing adoption services, as that term is defined by the Child Care Act of 1969, as now
or hereafter amended, to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency, provided that such salaries and compensation are consistent with subsection (a) of Section 14.5 of the Child Care Act of 1969. The provisions of this Act shall not
be construed to prevent the payment by a person with whom a
child has been placed for adoption of reasonable and actual medical fees or hospital
charges for services rendered in connection with the birth of such child,
if such payment is made to the physician or hospital who or which rendered
the services or to the biological mother of the child or to prevent the
receipt of such payment by such physician, hospital, or mother.
(Source: P.A. 94‑586, eff. 8‑15‑05.)
(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 those expenses related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food,
and clothing for the biological parents during the biological
mother's pregnancy and for no more than 120 days prior to the biological mother's expected date of delivery and for no more than 60 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 from the biological parents, or from any relative or associate of the biological parents,
of moneys paid to, or on behalf of, 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 or associate
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.
(i) The provisions of this Section apply to a person who has filed or intends to file a petition to adopt a child under the Adoption Act. This Section does not apply to a licensed child welfare agency, as that term is defined in the Child Care Act of 1969, whose payments are governed by the Child Care Act of 1969 and the Department rules adopted thereunder.
(Source: P.A. 93‑1063, eff. 6‑1‑05; 94‑586, eff. 8‑15‑05.)
(720 ILCS 525/4.9)
Sec. 4.9. Injunctive relief.
(a) Whenever it appears that any person, agency, association, corporation, institution, society, or other organization is engaged or about to engage in any acts or practices that constitute or will constitute a violation of this Act, the Department shall inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or temporary restraining order without bond to enforce this Act or any rule adopted under this Act in addition to any other penalties and other remedies provided in this Act. (b) Whenever it appears that any person, agency, association, corporation, institution, society, or other organization is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any rule adopted under the authority of this Act, the Department may inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Act or any rule adopted under this Act, in addition to any other penalties and remedies provided in this Act.
(Source: P.A. 94‑586, eff. 8‑15‑05.)
(720 ILCS 525/5) (from Ch. 40, par. 1705)
Sec. 5.
Any person, agency, association, corporation, institution, society,
or other organization violating the provisions of this Section shall be
guilty of illegal placement of children and upon first conviction for an
offense under this Act shall be guilty of a Class 4 felony; and upon
conviction for any subsequent offense under this Act shall be guilty of a
Class 3 felony.
(Source: P.A. 84‑170.)
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