INDIANA’S UNLAWFUL FACILITATION OF ADOPTION SERVICES -HUH

Introduced Version
SENATE BILL No. 199
_____
DIGEST OF INTRODUCED BILLCitations Affected: IC 35-46-1-22.
Synopsis: Unlawful facilitation of adoption services. Makes the provision, engagement, or facilitation of adoption services by persons other than those specified a Class A misdemeanor.
Effective: July 1, 2007.
Miller
January 8, 2007, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 115th General Assembly (2007)PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 199
A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-46-1-22; (07)IN0199.1.1. –> SECTION 1. IC 35-46-1-22 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 22. (a) As used in this section, “adoption services” means at least one (1) of the following services that is provided for compensation, an item of value, or reimbursement, either directly or indirectly, and that is provided either before or after the service is rendered: (1) Arranging for the placement of a child. (2) Identifying a child for adoption. (3) Matching adoptive parents with biological parents. (4) Arranging or facilitating an adoption. (5) Taking or acknowledging consents or surrenders for termination of parental rights for adoption purposes. (6) Performing background studies on: (A) a child who is going to be adopted; or (B) adoptive parents. (7) Making determinations concerning the best interests of a
child and the appropriateness in placing the child for adoption. (8) Postplacement monitoring of a child before the child is adopted. (b) As used in this section, “adoption services” does not include the following: (1) Legal services provided by an attorney licensed in Indiana. (2) Adoption related services provided by a governmental entity or a person appointed to perform an investigation by the court. (3) General education and training on adoption issues. (4) Postadoption services, including supportive services to families to promote the well being of members of adoptive families or birth families. (c) This section does not apply to the following persons: (1) The department of child services, an agency or person authorized to act on behalf of the department of child services, or a similar agency in another state. (2) The division of family resources, an agency or person authorized to act on behalf of the division of family resources, or a similar agency in another state. (3) A county office of family and children in Indiana or a similar county office in another state. (4) A child placing agency licensed under the laws of Indiana or another state. (5) An attorney licensed to practice law in Indiana or another state. (6) A prospective biological parent or adoptive parent acting on the individual’s own behalf. (d) A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a birth parent or prospective adoptive parent who resides in Indiana commits unauthorized adoption facilitation, a Class A misdemeanor.
SOURCE: ; (07)IN0199.1.2. –> SECTION 2. [EFFECTIVE JULY 1, 2007] IC 35-46-1-22, as added by this act, applies only to crimes committed after June 30, 2007.

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