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S1470.................................................by HEALTH AND WELFARE ADOPTIVE PARENTS - EXPENSES - Adds to existing law to provide for reimbursement of expenses to prospective adoptive parents by the natural parent who revokes consent or refuses to execute consent after agreeing to do so. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Health/Wel 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/05 3rd rdg - PASSED - 25-8-2 AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Deide, Frasure, Geddes, Keough, King, Lee, McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Stennett, Sweeney, Thorne, Twiggs, Wheeler NAYS--Andreason, Dunklin, Hansen, Hawkins, Ingram, Noh, Schroeder, Whitworth Absent and excused--Ipsen, Sorensen Floor Sponsor - Cameron Title apvd - to House 03/06 House intro - 1st rdg - to Health/Wel 03/13 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/17 3rd rdg - PASSED - 63-0-7 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(20), Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Bivens, Black(15), Field(13), Gagner, Hansen, Jones(20), Wood Floor Sponsor - Wheeler Title apvd - to Senate 03/18 To enrol 03/19 Rpt enrol - Pres signed - Sp signed 03/20 To Governor - Governor signed Session Law Chapter 172 Effective: 07/01/98
S1470|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1470 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO ADOPTION; AMENDING CHAPTER 15, TITLE 16, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 16-1515, IDAHO CODE, TO PROVIDE THAT IF THE COURT 4 ORDERS CUSTODY OF A CHILD RETURNED TO A NATURAL PARENT UPON PETITION OF 5 THAT PARENT, BASED UPON WITHDRAWAL OR REVOCATION OF CONSENT TO ADOPT, THE 6 COURT SHALL ORDER REIMBURSEMENT OF EXPENSES, AND TO AUTHORIZE REIMBURSE- 7 MENT OF EXPENSES OR FILING A SUIT FOR DAMAGES IN THE EVENT THAT THE NATU- 8 RAL PARENT AGREES TO CONSENT AND ADOPTION PROCEEDINGS ARE INITIATED BUT 9 THE NATURAL PARENT THEREAFTER REFUSES TO EXECUTE THE CONSENT. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 15, Title 16, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 16-1515, Idaho Code, and to read as follows: 14 16-1515. REVOCATION OF ADOPTION -- PAYMENT OF EXPENSES OF ADOPTIVE PAR- 15 ENTS. (1) If a natural parent withdraws or revokes a consent to adoption and 16 the court orders that the custody of the child be returned to the natural par- 17 ent upon the petition of a natural parent, whether or not the order of adop- 18 tion has been entered, the court shall order the natural parent who so peti- 19 tioned to reimburse the adoptive or prospective adoptive parents for all adop- 20 tion expenses including, but not limited to, all medical fees and costs and 21 all legal fees and costs, and all other reasonable costs and expenses includ- 22 ing, but not limited to, expenses for food and clothing incurred by the adop- 23 tive or prospective adoptive parents in connection with the care and mainte- 24 nance of the child while the child was living with the adoptive or prospective 25 adoptive parents. The court shall determine the amount of the reimbursement 26 owing and shall enter the same as a money judgment in favor of the adoptive or 27 prospective adoptive parents. 28 (2) If the natural parent agrees to consent to the adoption and the adop- 29 tion proceedings have been initiated by the prospective adoptive parents in 30 accordance with that agreement but the natural parent thereafter refuses to 31 execute the consent to adoption, the prospective adoptive parents may file a 32 motion for restitution in the adoption action and the court may order reim- 33 bursement as provided in subsection (1) of this section, or the prospective 34 adoptive parents may file a suit independent of the adoption proceedings for 35 damages which may include those items described in subsection (1) of this sec- 36 tion. 37 (3) For purposes of this section, "prospective adoptive parents" shall 38 include foster parents who have initiated adoption proceedings with respect to 39 the child for whom foster care is being provided, but shall not include foster 40 parents who are wholly or partially reimbursed by the state of Idaho for the 41 care of the child.
STATEMENT OF PURPOSE RS 07951 The purpose of this bill is to require the payment of expenses of an adoptive parent or prospective adoptive parent in the advent the natural parent withdraws or revokes a consent to adopt or the court orders that the custody of the child be returned to the parent. FISCAL NOTE None, except savings to our judicial system because this would discourage attempts to revoke an adoption. CONTACT: Senator Dean L. Cameron 332-1315 STATEMENT OF PURPOSE/ FISCAL NOTE S 1470