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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