SB 534-1_ Filed 04/24/2007, 11:00
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 534
Citations Affected: IC 31-17-3-2; IC 31-19; IC 31-35-1; IC 34-24-3-1.5; IC 34-24-3-3;
IC 35-46-1.
Synopsis: Various family law matters. Conference committee report for ESB 534. Provides
that: (1) proceedings for voluntary termination of parent-child relationships and adoptions are
not governed by the uniform child custody jurisdiction law; (2) certain adoption notices are valid
regardless of whether the notice is served within or outside Indiana; (3) adoption notices served
on a putative father who is not a resident of Indiana are valid if certain conditions are met; (4)
a parent who has given valid consent to the termination of the parent-child relationship may
waive certain notice requirements; (5) certain notices of adoption proceedings shall be served
by publication in the same manner that a summons is served by publication; and (6) if a
prospective adoptive parent suffers a pecuniary loss as a result of a violation of adoption
deception, the prospective parent may bring a civil action against the person who benefits from
the adoption related expenses. Allows a petition for adoption to be amended to substitute another
petitioner under certain circumstances. Requires that if a parent has given written consent, been
advised concerning a voluntary termination of the parent-child relationship, and appears in court,
the court may consider only whether the consent for the termination of the parent-child
relationship was voluntary. Changes the period within which a putative father may register with
the putative father registry to be entitled to notice of an adoption. Makes it a Class A
misdemeanor to place a paid advertisement or paid listing of a telephone number in a telephone
directory: (1) that a child is offered or wanted for adoption; or (2) to place or locate a child for
adoption; unless the advertisement or listing is placed by an attorney or a licensed child placing
agency and certain other requirements are met. Requires a person that publishes a telephone
directory to include certain information concerning adoption and adoption services. (This
conference committee report: (1) provides that only a person that is a licensed attorney or
licensed child placing agency may place a paid listing of the person's telephone number;
and (2) requires a person that publishes a telephone directory to include a statement that
informs directory users that only licensed attorneys and licensed child placing agencies may
legally provide adoption services.)
Effective: July 1, 2007.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 534 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 31-17-3-2; (07)CC053401.1. -->
SECTION 1. IC 31-17-3-2, AS AMENDED BY P.L.68-2005,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 2. As used in this chapter:
(1) "contestant" means a person, including a parent, who claims
a right to custody or parenting time rights with respect to a child;
(2) "custody determination" means a court decision and court
orders and instructions providing for the custody of a child,
including parenting time rights; it does not include a decision
relating to child support or any other monetary obligation of any
person;
(3) "custody proceeding" includes proceedings in which a custody
determination is one of several issues, such as an action for
dissolution of marriage, but does not include child in need of
services,
voluntary termination of a parent-child relationship,
or adoption proceedings;
(4) "decree" or "custody decree" means a custody determination
contained in a judicial decree or order made in a custody
proceeding, and includes an initial decree and a modification
decree;
(5) "home state" means the state in which the child, immediately
preceding the time involved, lived with the child's parents, a
parent, or a person acting as parent, for at least six (6) consecutive
months, and in the case of a child less than six (6) months old the
state in which the child lived from birth with any of the persons
mentioned. Periods of temporary absence of any of the named
persons are counted as part of the six (6) month or other period;
(6) "initial decree" means the first custody decree concerning a
particular child;
(7) "modification decree" means a custody decree which modifies
or replaces a prior decree, whether made by the court which
rendered the prior decree or by another court;
(8) "physical custody" means actual possession and control of a
child;
(9) "person acting as parent" means a person, other than a parent,
who has physical custody of a child and who has either been
awarded custody by a court or claims a right to custody; and
(10) "state" means any state, territory, or possession of the United
States, the Commonwealth of Puerto Rico, and the District of
Columbia.
SOURCE: IC 31-19-2-2; (07)CC053401.2. -->
SECTION 2. IC 31-19-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) A resident of
Indiana who seeks to adopt a child less than eighteen (18) years of age
may, by attorney of record, file a petition for adoption with the clerk of
the court having probate jurisdiction in the county in which:
(1) the petitioner for adoption resides;
(2) a licensed child placing agency or governmental agency
having custody of the child is located; or
(3) the child resides.
(b) The county in which the petition for adoption may be filed is a
matter of venue and not jurisdiction.
(c) Subject to IC 31-19-9-3, if an individual who files a petition
for adoption of a child:
(1) decides not to adopt the child; or
(2) is unable to adopt the child;
the petition for adoption may be amended or a second petition may
be filed in the same action to substitute another individual who
intends to adopt the child as the petitioner for adoption. The
amended petition or second petition under this subsection relates
back to the date of the original petition.
SOURCE: IC 31-19-2.5-5; (07)CC053401.3. -->
SECTION 3. IC 31-19-2.5-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 5. A notice served in accordance with IC 31-19-4 or
IC 31-19-4.5 is valid regardless of whether the notice is served
within or outside Indiana.
SOURCE: IC 31-19-3-9; (07)CC053401.4. -->
SECTION 4. IC 31-19-3-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 9. (a) A notice served in accordance with this chapter
on a putative father who is a resident of Indiana is valid regardless
of whether the notice is served within or outside Indiana.
(b) A notice served in accordance with this chapter outside
Indiana on a putative father who is not a resident of Indiana is
valid if the child was conceived:
(1) in Indiana; or
(2) outside Indiana, if the laws of the state in which the:
(A) father:
(i) is served notice; or
(ii) resides; or
(B) child was conceived;
allow a paternity or similar action to be filed before the birth
of a child.
SOURCE: IC 31-19-4-3; (07)CC053401.5. -->
SECTION 5. IC 31-19-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) If:
(1) the mother of a child:
(A) informs an attorney or agency arranging the child's
adoption, on or before the date the child's mother executes a
consent to the child's adoption, that the child was conceived
outside Indiana; and
(B) does not disclose to the attorney or agency the name or
address, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child or
has not had the parent-child relationship terminated under
IC 31-35 (or IC 31-6-5 before its repeal); and
(B) not registered with the putative father registry under
IC 31-19-5 within the period under IC 31-19-5-12;
the attorney or agency shall serve notice of the adoption proceedings
on the putative father by publication in the same manner as a
summons is served by publication under Rule 4.13 of the Indiana
Rules of Trial Procedure.
(b) The only circumstance under which notice to the putative father
must be given by publication under Rule 4.13 of the Indiana Rules of
Trial Procedure is when the child was conceived outside of Indiana as
described in subsection (a).
SOURCE: IC 31-19-4-7; (07)CC053401.6. -->
SECTION 6. IC 31-19-4-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. If a putative father
is entitled to notice under section 1, 2, or 3 of this chapter, upon:
(1) providing service of process in compliance with the same
manner as a summons and complaint are served under Rule
4.1 of the Indiana Rules of Trial Procedure for notice under
section 1 or 2 of this chapter; or
(2) publication in compliance with the same manner as a
summons is served by publication under Rule 4.13 of the
Indiana Rules of Trial Procedure for notice under section 3 of this
chapter;
no further efforts to give notice to the putative father are necessary,
regardless of whether the putative father actually receives the notice.
SOURCE: IC 31-19-4.5-1; (07)CC053401.7. -->
SECTION 7. IC 31-19-4.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. This chapter:
(1) shall not be construed to affect notice of an adoption provided
to a putative father under IC 31-19-4; and
(2) applies to a putative father who has abandoned, failed to
support, or failed to communicate with a child.
SOURCE: IC 31-19-4.5-2; (07)CC053401.8. -->
SECTION 8. IC 31-19-4.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. Except as provided
in IC 31-19-2.5-4, if a petition for adoption alleges that consent to
adoption is not required under IC 31-19-9-8, notice of the adoption
must be given to the person from whom consent is allegedly not
required under IC 31-19-9-8. Notice shall be given: under:
(1) in the same manner as a summons and complaint are
served under Rule 4.1 of the Indiana Rules of Trial Procedure if
the person's name and address are known; and or
(2) in the same manner as a summons is served by publication
under Rule 4.13 of the Indiana Rules of Trial Procedure if the
name or address of the person is not known;
to a petitioner for adoption.
SOURCE: IC 31-19-5-12; (07)CC053401.9. -->
SECTION 9. IC 31-19-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 12. (a) To be entitled
to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative
father must register with the state department of health under section
5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between
the child and the child's mother;
whichever occurs later.
(b) A putative father may register under subsection (a) before the
child's birth.
SOURCE: IC 31-19-9-3; (07)CC053401.10. -->
SECTION 10. IC 31-19-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) A consent to
adoption that does not name or otherwise identify a petitioner for
adoption is valid if the consent to adoption contains a statement, by the
person consenting to adoption, that the person consenting to adoption
voluntarily executed the consent to adoption without disclosure of the
name or other identification of the petitioner for adoption.
(b) A petitioner may be substituted under IC 31-19-2-2 if:
(1) the consent to adoption executed by a child's mother
contains a statement, by the mother consenting to adoption,
that the mother voluntarily agrees that a petitioner for the
adoption may be substituted without additional consent from
the mother; or
(2) the mother executes a written consent to the substitution
of a petitioner for the adoption.
The mother's consent under this subsection is not conditional
regardless of whether the mother consents or does not consent to
the substitution of petitioners under this subsection.
SOURCE: IC 31-19-10-3; (07)CC053401.11. -->
SECTION 11. IC 31-19-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) A consent to
adoption may be withdrawn not later than thirty (30) days after consent
to adoption is signed if:
(1) the court finds, after notice and opportunity to be heard
afforded to the petitioner for adoption, that the person seeking the
withdrawal is acting in the best interest of the person sought to be
adopted; and
(2) the court orders the withdrawal.
(b) A consent to adoption may not be withdrawn after:
(1) thirty (30) days after the consent to adoption is signed;
(2) the person who signs the consent to adoption appears, in
person or by telephonic communications or video
conferencing, before a court in which the petition for adoption
has been or will be filed and acknowledges that the person:
(A) understood the consequences of the signing of the
consent to adoption;
(B) freely and voluntarily signed the consent to adoption;
and
(C) believes that adoption is in the best interests of the
person to be adopted; or
(3) the person who signs the consent to adoption appears, in
person or by telephonic communications or video
conferencing, before a court of competent jurisdiction if the
parent is outside of Indiana and acknowledges that the person:
(A) understood the consequences of the signing of the consent
to adoption;
(B) freely and voluntarily signed the consent to adoption; and
(C) believes that adoption is in the best interests of the person
to be adopted;
whichever occurs first.
(c) If a hearing under this section is conducted by telephonic
communication or video conferencing, the court shall ensure that
the hearing is recorded.
SOURCE: IC 31-35-1-4; (07)CC053401.12. -->
SECTION 12. IC 31-35-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) If requested by
the parents:
(1) the county office of family and children; or
(2) a licensed child placing agency;
may sign and file a verified petition with the juvenile or probate court
for the voluntary termination of the parent-child relationship.
(b) The petition must:
(1) be entitled "In the Matter of the Termination of the
Parent-Child Relationship of ______________, a child, and
_____________, the child's parent (or parents)"; and
(2) allege that:
(A) the parents are the child's natural or adoptive parents;
(B) the parents, including the alleged or adjudicated father if
the child was born out of wedlock:
(i) knowingly and voluntarily consent to the termination of
the parent-child relationship; or
(ii) are not required to consent to the termination of the
parent-child relationship under section 6(b) 6(c) of this
chapter;
(C) termination is in the child's best interest; and
(D) the petitioner has developed a satisfactory plan of care and
treatment for the child.
SOURCE: IC 31-35-1-5; (07)CC053401.13. -->
SECTION 13. IC 31-35-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.
(a) Except as
provided in subsection (b), the parents shall be notified of the hearing
in accordance with IC 31-32-9.
(b) A parent who has made a valid consent to the termination of
a parent-child relationship may waive the notice required by
subsection (a) if the waiver:
(1) is in writing either:
(A) in the parent's consent to terminate the parent-child
relationship; or
(B) in a separate document;
(2) is signed by the parent in the presence of a notary public;
and
(3) contains an acknowledgment that:
(A) the waiver is irrevocable; and
(B) the parent will not receive notice of:
(i) adoption; or
(ii) termination of parent-child relationship;
proceedings.
SOURCE: IC 31-35-1-6; (07)CC053401.14. -->
SECTION 14. IC 31-35-1-6, AS AMENDED BY P.L.130-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) Except as provided in subsection (b), (c),
the parents must give their consent in open court unless the court
makes findings of fact upon the record that:
(1) the parents gave their consent in writing before a person
authorized by law to take acknowledgments; and
(2) the parents were:
(A) advised in accordance with section 12 of this chapter; and
(B) advised that if they choose to appear in open court, the
only issue before the court is whether their consent was
voluntary.
(3) the parents failed to appear.
(b) If:
(1) the court finds the conditions under subsection (a)(1) and
(a)(2) have been met; and
(2) a parent appears in open court;
a court may consider only the issue of whether the parent's consent
was voluntary.
(b) (c) The consent of a parent to the termination of the parent-child
relationship under this chapter is not required if:
(1) consent to the termination of the parent-child relationship is
implied under section 4.5 of this chapter, if the parent is the
putative father;
(2) the parent's consent to the adoption of the child would not be
required under:
(A) IC 31-19-9-8;
(B) IC 31-19-9-9; or
(C) IC 31-19-9-10; or
(3) the child's biological father denies paternity of the child before
or after the birth of the child if the denial of paternity:
(A) is in writing;
(B) is signed by the child's father in the presence of a notary
public; and
(C) contains an acknowledgment that:
(i) the denial of paternity is irrevocable; and
(ii) the child's father will not receive notice of adoption or
termination of parent-child relationship proceedings.
A child's father who denies paternity of the child under subdivision (3)
may not challenge or contest the child's adoption or termination of the
parent-child relationship.
SOURCE: IC 31-35-1-12; (07)CC053401.15. -->
SECTION 15. IC 31-35-1-12, AS AMENDED BY P.L.68-2005,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. For purposes of sections 6 and 8 of this
chapter, the parents must be advised that:
(1) their consent is permanent and cannot be revoked or set aside
unless it was obtained by fraud or duress or unless the parent is
incompetent;
(2) when the court terminates the parent-child relationship:
(A) all rights, powers, privileges, immunities, duties, and
obligations, including any rights to custody, control, parenting
time, or support pertaining to the relationship, are permanently
terminated; and
(B) their consent to the child's adoption is not required;
(3) the parents have a right to the:
(A) care;
(B) custody; and
(C) control;
of their child as long as the parents fulfill their parental
obligations;
(4) the parents have a right to a judicial determination of any
alleged failure to fulfill their parental obligations in a proceeding
to adjudicate their child a delinquent child or a child in need of
services;
(5) the parents have a right to assistance in fulfilling their parental
obligations after a court has determined that the parents are not
doing so;
(6) proceedings to terminate the parent-child relationship against
the will of the parents can be initiated only after:
(A) the child has been adjudicated a delinquent child or a child
in need of services and removed from their custody following
the adjudication; or
(B) a parent has been convicted and imprisoned for an offense
listed in IC 31-35-3-4 (or has been convicted and imprisoned
for an offense listed in IC 31-6-5-4.2(a) before its repeal), the
child has been removed from the custody of the parents under
a dispositional decree, and the child has been removed from
the custody of the parents for six (6) months under a court
order;
(7) the parents are entitled to representation by counsel, provided
by the state if necessary, throughout any proceedings to terminate
the parent-child relationship against the will of the parents; and
(8) the parents will receive notice of the hearing,
unless notice is
waived under section 5(b) of this chapter, at which the court
will decide if their consent was voluntary, and the parents may
appear at the hearing and allege that the consent was not
voluntary.
SOURCE: IC 34-24-3-1.5; (07)CC053401.16. -->
SECTION 16. IC 34-24-3-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.5. (a) If a prospective adoptive
parent suffers pecuniary loss as a result of a violation of
IC 35-46-1-9.5, the prospective adoptive parent may bring a civil
action against a person who benefits from adoption related
expenses in violation of IC 35-46-1-9.5, even if the person has not
been prosecuted or convicted of the offense under IC 35-46-1-9.5.
In an action under this subsection, a prospective adoptive parent
may seek an award of the following:
(1) Actual damages caused by the violation if the prospective
adoptive parent has not been awarded damages under
IC 35-46-1-9.5.
(2) An amount not to exceed three (3) times the amount of
actual damages of the prospective adoptive parent suffering
the loss.
(3) The costs of the action.
(4) A reasonable attorney's fee.
(b) A prospective adoptive parent may bring a civil action
against a person who commits unauthorized adoption facilitation
under IC 35-46-1-22, even if the person has not been prosecuted or
convicted of the offense under IC 35-46-1-22. In an action under
this subsection, a prospective adoptive parent may seek an award
of the following:
(1) An amount not to exceed three (3) times the amount that
the prospective adoptive parent paid for the adoption services
provided to the prospective adoptive parent in the commission
of unauthorized adoption facilitation under IC 35-46-1-22.
(2) The costs of the action.
(3) A reasonable attorney's fee.
SOURCE: IC 34-24-3-3; (07)CC053401.17. -->
SECTION 17. IC 34-24-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. It is not a defense to
an action for punitive damages that the defendant is subject to criminal
prosecution for the act or omission that gave rise to the civil action.
However, a person may not recover both:
(1) punitive damages; and
(2) the amounts provided for under section 1 or 1.5 of this
chapter.
SOURCE: IC 35-46-1-9; (07)CC053401.18. -->
SECTION 18. IC 35-46-1-9, AS AMENDED BY P.L.145-2006,
SECTION 371, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9. (a) Except as provided in
subsection (b), a person who, with respect to an adoption, transfers or
receives any property in connection with the waiver of parental rights,
the termination of parental rights, the consent to adoption, or the
petition for adoption commits profiting from an adoption, a Class D
felony.
(b) This section does not apply to the transfer or receipt of:
(1) reasonable attorney's fees;
(2) hospital and medical expenses concerning childbirth and
pregnancy incurred by the adopted person's birth mother;
(3) reasonable charges and fees levied by a child placing agency
licensed under IC 31-27 or by a county office or the department
of child services;
(4) reasonable expenses for psychological counseling relating to
adoption incurred by the adopted person's birth parents;
(5) reasonable costs of housing, utilities, and phone service for the
adopted person's birth mother during the second or third trimester
of pregnancy and not more than six (6) weeks after childbirth;
(6) reasonable costs of maternity clothing for the adopted person's
birth mother;
(7) reasonable travel expenses incurred by the adopted person's
birth mother that relate to the pregnancy or adoption;
(8) any additional itemized necessary living expenses for the
adopted person's birth mother during the second or third trimester
of pregnancy and not more than six (6) weeks after childbirth, not
listed in subdivisions (5) through (7) in an amount not to exceed
one thousand dollars ($1,000); or
(9) other charges and fees approved by the court supervising the
adoption, including reimbursement of not more than actual wages
lost as a result of the inability of the adopted person's birth mother
to work at her regular, existing employment due to a medical
condition, excluding a psychological condition, if:
(A) the attending physician of the adopted person's birth
mother has ordered or recommended that the adopted person's
birth mother discontinue her employment; and
(B) the medical condition and its direct relationship to the
pregnancy of the adopted person's birth mother are
documented by her attending physician.
In determining the amount of reimbursable lost wages, if any, that are
reasonably payable to the adopted person's birth mother under
subdivision (9), the court shall offset against the reimbursable lost
wages any amounts paid to the adopted person's birth mother under
subdivisions (5) and (8) and any unemployment compensation received
by or owed to the adopted person's birth mother.
(c) Except as provided in this subsection, payments made under
subsection (b)(5) through (b)(9) may not exceed three thousand dollars
($3,000) and must be disclosed to the court supervising the adoption.
The amounts paid under subsection (b)(5) through (b)(9) may exceed
three thousand dollars ($3,000) to the extent that a court in Indiana
with jurisdiction over the child who is the subject of the adoption
approves the expenses after determining that:
(1) the expenses are not being offered as an inducement to
proceed with an adoption; and
(2) failure to make the payments may seriously jeopardize the
health of either the child or the mother of the child and the direct
relationship is documented by a licensed social worker or the
attending physician.
(d) The payment limitation under subsection (c) applies to the
total amount paid under subsection (b)(5) through (b)(9) in
connection with an adoption from all prospective adoptive parents,
attorneys, and licensed child placing agencies.
(d) (e) An attorney or licensed child placing agency shall inform a
birth mother of the penalties for committing adoption deception under
section 9.5 of this chapter before the attorney or agency transfers a
payment for adoption related expenses under subsection (b) in relation
to the birth mother.
(e) (f) The limitations in this section apply regardless of the state or
country in which the adoption is finalized.
SOURCE: IC 35-46-1-9.5; (07)CC053401.19. -->
SECTION 19. IC 35-46-1-9.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9.5. A person who is a
birth mother, or a woman who holds herself out to be a birth mother,
and who knowingly or intentionally benefits from adoption related
expenses paid:
(1) when the person knows or should have known that the person
is not pregnant;
(2) by or on behalf of a prospective adoptive parent who is
unaware that at the same time another prospective adoptive parent
is also incurring paying adoption related expenses described
under section 9(b) of this chapter in an effort to adopt the same
child; or
(3) when the person does not intend to make an adoptive
placement;
commits adoption deception, a Class A misdemeanor. In addition to
any other penalty imposed under this section, a court may order the
person who commits adoption deception to make restitution to a
prospective adoptive parent, attorney, or licensed child placing agency
that incurs an expense as a result of the offense.
SOURCE: IC 35-46-1-21; (07)CC053401.20. -->
SECTION 20. IC 35-46-1-21 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 21. (a) Only a person that is an
attorney licensed to practice law or a child placing agency licensed
under the laws of any state or the District of Columbia may place
a paid advertisement or paid listing of the person's telephone
number, on the person's own behalf, in a telephone directory that:
(1) a child is offered or wanted for adoption; or
(2) the person is able to place, locate, or receive a child for
adoption.
(b) A person that publishes a telephone directory that is
distributed in Indiana:
(1) shall include, at the beginning of any classified heading for
adoption and adoption services, a statement that informs
directory users that only attorneys licensed to practice law
and licensed child placing agencies may legally provide
adoption services under Indiana law; and
(2) may publish an advertisement described in subsection (a)
in the telephone directory only if the advertisement contains
the following:
(A) For an attorney licensed to practice law, the person's
attorney number.
(B) For a child placing agency licensed under the laws of
any state or the District of Columbia, the number on the
person's child placing agency license.
(c) A person who knowingly or intentionally violates subsection
(a) commits unauthorized adoption advertising, a Class A
misdemeanor.
SOURCE: IC 35-46-1-22; (07)CC053401.21. -->
SECTION 21. 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 provided either
before or after the services are 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) Post placement monitoring of a child before the child is
adopted.
(b) As used in this section, the term "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) Post adoption 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)CC053401.22. -->
SECTION 22. [EFFECTIVE JULY 1, 2007]
IC 35-46-1-21 and
IC 35-46-1-22, both as added by this act, apply only to crimes
committed after June 30, 2007.
(Reference is to ESB 534 as printed March 21, 2007.)
Conference Committee Report
on
Engrossed Senate Bill 534
Text Box
S
igned by:
____________________________ ____________________________
Senator LubbersRepresentative Battles
Chairperson
____________________________ ____________________________
Senator BrodenRepresentative Frizzell
Senate Conferees House Conferees