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H0507................................by JUDICIARY, RULES AND ADMINISTRATION ADOPTION - Amends existing law to allow certain financial assistance to a birthparent; to allow court approved financial assistance be provided to birthparents for reasonable maternity, living and post partum costs; to provide a limit of two thousand dollars on such financial assistance unless otherwise approved by the court; and to provide that the financial assistance shall be considered a charitable gift. 02/04 House intro - 1st rdg - to printing 02/07 Rpt prt - to Jud 02/18 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 58-2-10 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney, Ellsworth, Field(20), Gagner, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wood, Zimmermann NAYS -- Crow, Judd Absent and excused -- Deal, Field(13), Geddes, Gould, Hammond, Kellogg, Linford, Pischner, Wheeler, Mr Speaker Floor Sponsor - Sellman Title apvd - to Senate 02/25 Senate intro - 1st rdg - to Health/Wel 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/28 3rd rdg - PASSED - 28-7-0 AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Sorensen, Stegner, Thorne, Wheeler, Williams NAYS--Boatright, Dunklin, Keough, King-Barrutia, Schroeder, Stennett, Whitworth Absent and excused--None Floor Sponsor - Ipsen Title apvd - to House 03/29 To enrol 03/30 Rpt enrol - Sp signed - Pres signed 03/31 To Governor 04/04 Governor signed Session Law Chapter 172 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 507 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ADOPTION; AMENDING SECTION 18-1511, IDAHO CODE, TO ALLOW CERTAIN 3 FINANCIAL ASSISTANCE TO A BIRTH PARENT, TO ALLOW COURT APPROVED FINANCIAL 4 ASSISTANCE BE PROVIDED BIRTH PARENTS FOR REASONABLE MATERNITY, LIVING AND 5 POST PARTUM COSTS, PROVIDING A LIMIT OF TWO THOUSAND DOLLARS ON SUCH 6 FINANCIAL ASSISTANCE UNLESS OTHERWISE APPROVED BY THE COURT, TO PROVIDE 7 THAT THE FINANCIAL ASSISTANCE SHALL BE CONSIDERED A CHARITABLE GIFT AND TO 8 MAKE A TECHNICAL CORRECTION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-1511, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-1511. SALE OR BARTER OF CHILD FOR ADOPTION OR OTHER PURPOSE PENALIZED 13 -- ALLOWED EXPENSES. Any person or persons who shall sell or barter any child 14 for adoption or for any other purpose, shall be guilty of a felony, and upon 15 conviction shall be punished by imprisonment in the state penitentiary for not 16 more than fourteen (14) years, or by a fine of not more than five thousand 17 dollars ($5,000), or by both such fine and imprisonment. 18 Provided however, this section shall not prohibit any person, or adoption 19 agency from providing, in addition to legal and medical costs, reasonable 20 maternity and living expenses during the pregnancy and for a period not to 21 exceed six (6) weeks post partum based upon demonstrated financial need. 22 Any person or agency, seeking to provide financial assistance in excess of 23 five hundred dollars ($500) shall do so after informally submitting to a court 24 of competent jurisdiction, a verified financial plan outlining proposed expen- 25 ditures. The court may approve or amend such a proposal. Only after court 26 approval shall assistance totaling more than five hundred dollars ($500) 27 become available to the birth parent. A prospective adoptive parent, or 28 another person acting on behalf of a prospective adoptive parent, shall make 29 payments for allowed expenses only to third party vendors, as is reasonably 30 practical. All actual expenditures shall be presented by verified affidavit 31 of counsel or the agency at the time of the adoption finalization. 32 No financial assistance to a birth parent shall exceed the sum of two 33 thousand dollars ($2,000) unless otherwise authorized by the court. The 34 financial assistance contemplated by this section shall be considered a chari- 35 table gift, not subject to recovery under the terms of section 16-1515, Idaho 36 Code.
STATEMENT OF PURPOSE RS09763 This bill amends Idaho's current law that prohibits payment of expenses for birth mothers who are placing their children for adoption, and allows payment of certain expenses, with restrictions. The purpose of this legislation is to promote and encourage adoptions. Often expectant mothers wishing to place their children for adoption are unable to work during their last weeks of pregnancy and are in need of assistance for rent, food, clothing, and other living expenses. Some mothers choose to go to neighboring states because nearly all states allow reimbursement of reasonable expenses that Idaho currently prohibits. This bill would allow for reimbursement of reasonable living expenses up to $2,000, with approval of the court, to birth mothers placing children for adoption. FISCAL NOTE There will no fiscal impact to the State of Idaho or any other government entity. CONTACT: Sen Grant Ipsen (208) 332-1000 Gary Montgomery (208) 378-8882 STATEMENT OF PURPOSE/ FISCAL NOTE H 507