HB 756 — ADOPTION COMPENSATION
Last action — Public Act . . . . . . . . . 96-0661
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 06, 2009. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Adoption Compensation Prohibition Act and the Adoption Act. Provides that the Act shall not be construed to prevent a prospective adoptive parent from giving gifts or other things of value to a biological parent if the total value does not exceed $200. Provides that a prospective adoptive parent may advance a maximum of $1,000 for reasonable attorney's fees of the biological parent in connection with proceedings under the Act or in connection with proceedings for the adoption of the child. Provides that a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. Provides that the prospective adoptive parents shall present a final accounting of all those attorney's fees to the court before the entry of a final judgment order for adoption. Provides that if the court finds an accounting by the prospective adoptive parents to be incomplete or deceptive or to contain unauthorized or unreasonable amounts, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other appropriate orders. Provides that a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent. Makes other changes. Effective immediately.
Bill Text
What changed in the latest version
20 added · 20 removedPlain-language change summary
The latest version of Bill HB 756 has undergone a change in its formatting, with the previous "Engrossed" version being replaced by an "Enrolled" version. This change indicates that the bill has completed the legislative process and is now formally approved for finalization, which is an essential step toward becoming law. Although this does not reflect any changes in the content of the bill itself, it signifies that the bill is ready for implementation, which can impact the lives of those it governs.
HB0756 EngrossedEnrolled LRB096 04655 RLC 14714 b AN ACT concerning adoption.
The provisions of this Act shall not be construed HB0756 EngrossedEnrolled - 2 - LRB096 04655 RLC 14714 b 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.
HB0756 EngrossedEnrolled - 3 - LRB096 04655 RLC 14714 b (a) A prospective adoptive parent 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.
(2) Notwithstanding clause (b)(1) of this Section, a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of HB0756 EngrossedEnrolled - 4 - LRB096 04655 RLC 14714 b court.
(d-1) Notwithstanding subsection (d) of this Section, a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such HB0756 EngrossedEnrolled - 5 - LRB096 04655 RLC 14714 b payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in subsection (d) of this Section, knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent.
(f) If the placement of a child for adoption is made in accordance with the Interstate Compact on the Placement of HB0756 EngrossedEnrolled - 6 - LRB096 04655 RLC 14714 b 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.
If the court HB0756 EngrossedEnrolled - 7 - LRB096 04655 RLC 14714 b 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.
Notwithstanding any other provision of this Act, any adopted or surrendered person 21 years of age or over, any adoptive parent or legal guardian of an adopted or HB0756 EngrossedEnrolled - 8 - LRB096 04655 RLC 14714 b surrendered person under the age of 21, or any birth parent of an adopted or surrendered person who is 21 years of age or over may petition the court in any county in the State of Illinois for appointment of a confidential intermediary as provided in this Section for the purpose of exchanging medical information with one or more mutually consenting biological relatives, obtaining identifying information about one or more mutually consenting biological relatives, or arranging contact with one or more mutually consenting biological relatives.
any birth parent, birth sibling, birth aunt, or birth uncle HB0756 EngrossedEnrolled - 9 - LRB096 04655 RLC 14714 b of an adopted or surrendered person over the age of 21;
exchange medical information with the biological relative or relatives, obtain identifying HB0756 EngrossedEnrolled - 10 - LRB096 04655 RLC 14714 b information from the biological relative or relatives, or to arrange contact with the biological relative.
When making HB0756 EngrossedEnrolled - 11 - LRB096 04655 RLC 14714 b those appointments, the Director shall consider advocates for adopted persons, adoptive parents, birth parents, lawyers who represent clients in private adoptions, lawyers specializing in privacy law, and representatives of agencies involved in adoptions.
(4) The relationship between confidential intermediaries and the court system, including the development of sample orders defining the scope of the HB0756 EngrossedEnrolled - 12 - LRB096 04655 RLC 14714 b intermediaries' access to information.
The HB0756 EngrossedEnrolled - 13 - LRB096 04655 RLC 14714 b confidential intermediary shall not be authorized to access medical records, financial records, credit records, banking records, home studies, attorney file records, or other personal records.
If the petitioner is an adult adopted or surrendered person or the adoptive parent of a minor and if the petitioner has signed a written authorization to disclose personal medical information, an adoption agency disclosing information to a confidential intermediary shall disclose available medical information about the adopted or surrendered person from birth HB0756 EngrossedEnrolled - 14 - LRB096 04655 RLC 14714 b through adoption.
If the sought-after relative is deceased or cannot be located after a HB0756 EngrossedEnrolled - 15 - LRB096 04655 RLC 14714 b diligent search, the confidential intermediary may contact other adult relatives of the sought-after relative.
The confidential intermediary shall forward the completed questionnaire to the petitioner and inform the petitioner of the sought-after relative's desire to not provide any HB0756 EngrossedEnrolled - 16 - LRB096 04655 RLC 14714 b additional information.
HB0756 EngrossedEnrolled - 17 - LRB096 04655 RLC 14714 b (1) I will not disclose to the petitioner, directly or indirectly, any confidential information except in a manner consistent with the law.
This fine does not affect civil liability under HB0756 EngrossedEnrolled - 18 - LRB096 04655 RLC 14714 b item (2) of this subsection (k).
(o) Except as provided in subsection (k) of this Section, no liability shall accrue to the State, any State agency, any judge, any officer or employee of the court, any certified HB0756 EngrossedEnrolled - 19 - LRB096 04655 RLC 14714 b confidential intermediary, or any agency designated to oversee confidential intermediary services for acts, omissions, or efforts made in good faith within the scope of this Section.
The confidential intermediary may provide to eligible petitioners as described in subsections (a) and (b) of this Section, the name of the child welfare agency which had legal custody of the HB0756 EngrossedEnrolled - 20 - LRB096 04655 RLC 14714 b surrendered person or responsibility for placing the surrendered person and any available contact information for such agency.
Action History
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Public Act . . . . . . . . . 96-0661
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Effective Date August 25, 2009
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Senate Floor Amendment No. 1 House Concurs 118-000-000
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Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
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Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
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Senate Floor Amendment No. 1 Motion Filed Concur Rep. Sara Feigenholtz
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Placed on Calendar Order of Concurrence Senate Amendment(s) 1
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Arrived in House
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Third Reading - Passed; 056-000-000
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Placed on Calendar Order of 3rd Reading May 14, 2009
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Senate Floor Amendment No. 1 Adopted; Silverstein
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Recalled to Second Reading
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Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
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Placed on Calendar Order of 3rd Reading May 13, 2009
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Second Reading
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Senate Floor Amendment No. 1 Assignments Refers to Judiciary
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
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Placed on Calendar Order of 2nd Reading April 30, 2009
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Do Pass Judiciary; 008-000-000
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Alternate Chief Sponsor Changed to Sen. Ira I. Silverstein
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Assigned to Judiciary
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Referred to Assignments
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First Reading
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Added as Alternate Chief Co-Sponsor Sen. Don Harmon
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Chief Senate Sponsor Sen. John J. Cullerton
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Placed on Calendar Order of First Reading March 30, 2009
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Arrive in Senate
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Third Reading - Short Debate - Passed 116-000-000
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Fiscal Note Filed
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Adoption Reform Committee; 005-000-000
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Assigned to Adoption Reform Committee
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Referred to Rules Committee
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First Reading
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Chief Co-Sponsor Rep. Lou Lang
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Chief Co-Sponsor Rep. Naomi D. Jakobsson
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Filed with the Clerk by Rep. Sara Feigenholtz
Sponsors
- Sara Feigenholtz · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Sara Feigenholtz Democrat
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 103 | 0 | 0 | 0 |
| Democrat | 11 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 118 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hatcher | — | Yea |
| Myers | — | Yea |
| Jackson | — | Yea |
| Jefferson | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| May | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Davis, Monique | — | Yea |
| Senger | — | Yea |
| Sommer | — | Yea |
| Reitz | — | Yea |
| Soto | — | Yea |
| Lyons | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Brady | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Kosel | — | Yea |
| Madigan | — | Yea |
| Sullivan | — | Yea |
| Moffitt | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Mulligan | — | Yea |
| Nekritz | — | Yea |
| Mitchell, Jerry | — | Yea |
| Gordon, Careen | — | Yea |
| Gordon, Jehan | — | Yea |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Watson | — | Yea |
| Hernandez | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Howard | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Jakobsson | — | Yea |
| Osmond | — | Yea |
| Osterman | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Mathias | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| Mendoza | — | Yea |
| Connelly | — | Yea |
| McAsey | — | Yea |
| Coulson | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 0 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 56 | 0 | 0 | 3 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Haine | — | Yea |
| Hultgren | — | Yea |
| Kotowski | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| McCarter | — | Yea |
| Millner | — | Yea |
| Noland | — | Yea |
| Pankau | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Jacobs | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Munoz | — | Yea |
| Jones, J. | — | Yea |
| Wilhelmi | — | Yea |
| Sullivan | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Hendon | — | Yea |
| Hutchinson | — | Yea |
| Demuzio | — | Not Voting |
| Brady | — | Not Voting |
| Meeks | — | Not Voting |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| Duffy | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 102 | 0 | 0 | 1 |
| Democrat | 11 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 1 |
| Total | 116 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Myers | — | Yea |
| Jackson | — | Yea |
| Lang | — | Yea |
| May | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Senger | — | Yea |
| Davis, Monique | — | Yea |
| Sommer | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Jefferson | — | Yea |
| Brady | — | Yea |
| Madigan | — | Yea |
| Mell | — | Yea |
| Moffitt | — | Yea |
| Sullivan | — | Yea |
| Mulligan | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Nekritz | — | Yea |
| Mitchell, Jerry | — | Yea |
| Osterman | — | Yea |
| Gordon, Jehan | — | Yea |
| Pihos | — | Yea |
| Soto | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Watson | — | Yea |
| Hernandez | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Howard | — | Yea |
| Gordon, Careen | — | Not Voting |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Hatcher | — | Yea |
| Holbrook | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Phelps | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Zalewski | — | Yea |
| Leitch | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Mathias | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| Mendoza | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| McAsey | — | Yea |
| Coulson | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Not Voting |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 756 do?
- Amends the Adoption Compensation Prohibition Act and the Adoption Act. Provides that the Act shall not be construed to prevent a prospective adoptive parent from giving gifts or other things of value to a biological parent if the total value does not exceed $200. Provides that a prospective adoptive parent may advance a maximum of $1,000 for reasonable attorney's fees of the biological parent in connection with proceedings under the Act or in connection with proceedings for the adoption of the child. Provides that a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. Provides that the prospective adoptive parents shall present a final accounting of all those attorney's fees to the court before the entry of a final judgment order for adoption. Provides that if the court finds an accounting by the prospective adoptive parents to be incomplete or deceptive or to contain unauthorized or unreasonable amounts, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other appropriate orders. Provides that a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent. Makes other changes. Effective immediately.
- Who sponsors HB 756?
- HB 756 is sponsored by Sara Feigenholtz (Democrat).
- What is the current status of HB 756?
- This bill has been enacted into law. Introduced February 06, 2009. Enacted.
- Where can I track HB 756?
- Track HB 756 free on One Click Politics — get push/email alerts when it moves.
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