Bill Text: IN SB0052 | 2011 | Regular Session | Introduced
Bill Title: Unauthorized adoption facilitation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Judiciary [SB0052 Detail]
Download: Indiana-2011-SB0052-Introduced.html
Citations Affected: IC 35-46-1-22.
Synopsis: Unauthorized adoption facilitation. Provides that the law
making unauthorized adoption facilitation a crime does not apply to a
child placing agency licensed under the laws of Indiana or another state
or to an attorney licensed to practice law in Indiana or another state.
(Current law provides that the law making unauthorized adoption
facilitation a crime applies to a child placing agency not licensed in
Indiana and an attorney not licensed in Indiana.)
Effective: Upon passage.
January 5, 2011, read first time and referred to Committee on Judiciary.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(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, the term "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 or county office with similar responsibilities 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 or county office with similar responsibilities in
another state.
(3) A child placing agency licensed under the laws of Indiana or
another state.
(4) An attorney licensed to practice law in Indiana or another
state.
(5) 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.