1998 Legislation
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SENATE BILL NO. 1470 – Adoptive parents/expense reimbursed

SENATE BILL NO. 1470

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Daily Data Tracking History



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

Bill Text


S1470


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN 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 / Fiscal Impact


    





                          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