ISBA Bar News

April 2008

Capitol Chronicle

By Jim Covington

Director of Legislative Affairs

The following bills are still moving through the legislative process.   

Adoption I.  House Bill 4623 (Feigenholtz, D-Chicago) allows adults who were adopted to obtain copies of their original birth certificates. Adoptees born before Jan. 1, 1946 could get copies of their original birth certificate after Jan. 1, 2009. All other adoptees would have to wait until after April 1, 2009. That three-month period is intended to give birth parents an opportunity to file a request to keep their identities confidential.

Adoption II. House Bill 4571 (Feigenholtz, D-Chicago) makes a number of changes to adoption law. (1) Clarifies that a prospective-adoptive parent may give a gift or gifts to the biological parent if they do not exceed $200 in total. (2) Allows a prospective-adoptive parent to advance a maximum of $1,000 for reasonable birth-parent living-expenses without court approval. But it requires a final accounting of all expenses before entry of a final order. (3) Allows a prospective-adoptive parent to seek reimbursement of reasonable-living expenses from a person who receives these payments for another person who he or she knows not to be pregnant or who receives payments simultaneously from more than one prospective adoptive-parent.  (4) Requires court approval if the reasonable attorney fees of the biological parent (to be paid by the prospective-adoptive parents) are more than $1,000.  Requires that all fees be included in the final accounting. 

(5) Expands access by the confidential intermediary to vital records maintained by another state’s vital records’ depository. (6) Clarifies that any non-identifying information learned during the confidential intermediary’s search may be given to the petitioner at any time during the search before the case is closed. 

(7) Allows a confidential intermediary to provide to an eligible petitioner with information about (a) the name and contact information of the agency that had legal custody of or responsibility for the surrendered person and (b) the name of the state in which the surrender or the adoption occurred.

Coroner’s records. House Bill 4326 (Brady, R-Bloomington) allows photographs to be included in the business records of the coroner as prima facie evidence of the facts, findings, and opinions in those records for civil and criminal proceedings. Makes the records of the coroner’s medical or laboratory examiner admissible regardless of whether the person who prepares the medical report or record is unavailable or not present for any reason to testify.

CTA. Senate Bill 2085 (Silverstein, D-Chicago) extends the period in which written notice must be given to the CTA of possible legal action from six months to one year.

Filing fees. House Bill 4956 (Nekritz, D-Northbrook) increases the maximum fee assessed against civil litigants from $5 to $10 for children’s waiting rooms with county board approval and House Bill 2321 (Trotter, D-Chicago) increases them for the county law library from $13 to $21 over several years.

Estate claims. House Bill 4574 (Feigenholtz, D-Chicago) amends the Public Aid Code concerning State claims for reimbursement for medical assistance. It deletes a provision that now allows a claim against the estate of the person's spouse for the amount expended for a person aged 55 or more. 

Child support.  House Bill 5771 (Franks, D-Marengo) changes the computation of child support. It makes a deduction straight-line depreciation of capital assets reasonable and necessary for the production of income.  But no depreciation may be allowed for real estate. 

Educational expenses. Senate Bill 2044 (Dillard, R-Downers Grove) entitles each parent to know the name of the education institution that the child attends unless the court finds that the child's safety would be jeopardized.]