Introduced Version






SENATE BILL No. 199

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-46-1-22.

Synopsis: Unlawful facilitation of adoption services. Makes the provision, engagement, or facilitation of adoption services by persons other than those specified a Class A misdemeanor.

Effective: July 1, 2007.





Miller




    January 8, 2007, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 115th General Assembly (2007)


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SENATE BILL No. 199



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-46-1-22; (07)IN0199.1.1. -->     SECTION 1. IC 35-46-1-22 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 22. (a) As used in this section, "adoption services" means at least one (1) of the following services that is provided for compensation, an item of value, or reimbursement, either directly or indirectly, and that is provided either before or after the service is rendered:
        (1) Arranging for the placement of a child.
        (2) Identifying a child for adoption.
        (3) Matching adoptive parents with biological parents.
        (4) Arranging or facilitating an adoption.
        (5) Taking or acknowledging consents or surrenders for termination of parental rights for adoption purposes.
        (6) Performing background studies on:
            (A) a child who is going to be adopted; or
            (B) adoptive parents.
        (7) Making determinations concerning the best interests of a

child and the appropriateness in placing the child for adoption.
        (8) Postplacement monitoring of a child before the child is adopted.
    (b) As used in this section, "adoption services" does not include the following:
        (1) Legal services provided by an attorney licensed in Indiana.
        (2) Adoption related services provided by a governmental entity or a person appointed to perform an investigation by the court.
        (3) General education and training on adoption issues.
        (4) Postadoption services, including supportive services to families to promote the well being of members of adoptive families or birth families.
    (c) This section does not apply to the following persons:
        (1) The department of child services, an agency or person authorized to act on behalf of the department of child services, or a similar agency in another state.

         (2) The division of family resources, an agency or person authorized to act on behalf of the division of family resources, or a similar agency in another state.
         (3) A county office of family and children in Indiana or a similar county office in another state.
         (4) A child placing agency licensed under the laws of Indiana or another state.
        (5) An attorney licensed to practice law in Indiana or another state.
        (6) A prospective biological parent or adoptive parent acting on the individual's own behalf.
    (d) A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a birth parent or prospective adoptive parent who resides in Indiana commits unauthorized adoption facilitation, a Class A misdemeanor.

SOURCE: ; (07)IN0199.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2007] IC 35-46-1-22, as added by this act, applies only to crimes committed after June 30, 2007.