Bill Summary – FastDemocracy

67th Legislature                                                                                                      HB 502.1
                                                     HOUSE BILL NO. 502
                                        INTRODUCED BY L. SHELDON-GALLOWAY
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING ADOPTION LAWS REGARDING LICENSURE
   REQUIREMENTS FOR CHILD-PLACEMENT AGENCIES; PROVIDING AN EXEMPTION FROM LICENSURE
   FOR AN ATTORNEY OR HEALTH CARE PROVIDER ASSISTING A PARENT IN IDENTIFYING OR
   LOCATING A CHILD FOR ADOPTION OR AN ADOPTIVE PARENT; AND AMENDING SECTIONS 42-7-105
   AND 52-8-103, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 42-7-105, MCA, is amended to read:
              "42-7-105.    Prohibited activities -- violations -- penalties. (1) A person, other than the department,
   an attorney or health care provider acting under 52-8-103(2), or a licensed child-placing agency, may not:
              (a)   advertise in any public medium that the person:
              (i)   knows of a child who is available for adoption; or
              (ii) is willing to accept a child for adoption or knows of prospective adoptive parents for a child; or
              (b)   engage in placement activities as defined in 52-8-101.
              (2)   An individual other than an extended family member or stepparent of a child may not obtain legal
   or physical custody of a child for purposes of adoption unless the individual has a favorable preplacement
   evaluation or a court-ordered waiver of the evaluation.
              (3)   A person who, as a condition for placement, relinquishment, or consent to the adoption of a child,
   knowingly offers, gives, agrees to give, solicits, accepts, or agrees to accept from another person, either directly
   or indirectly, anything other than the fees allowed under 42-7-101 commits the offense of paying or charging
   excessive adoption process fees.
              (4)   It is illegal to require repayment or reimbursement of anything provided to a birth parent under 42-
   7-101. All payments by the adoptive parent made on behalf of a birth parent pursuant to this section are
   considered a gift to the birth parent.
                                                                   -1-                      Authorized Print Version – HB 502
67th Legislature                                                                                                      HB 502.1
              (5)   Nothing in this section prohibits a licensed child-placing agency from maintaining a separate
   program for the assistance of a biological parent who is in need of postadoptive counseling and support as
   provided in 42-4-211. Services must be provided based on need and may not be contingent on a placement
   being made privately, by the department, or by a licensed child-placing agency. A postadoptive counseling and
   support program may not be used to induce a biological parent to place a child for adoption.
              (6)   A person convicted of the offense of paying or charging excessive adoption process fees,
   attempting to recover expenses incurred from an adoption process, or otherwise violating this title may be fined
   an amount not to exceed $10,000 in an action brought by the appropriate city or county attorney. The court may
   also enjoin from further violations any person who violates this title."
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              Section 2. Section 52-8-103, MCA, is amended to read:
              "52-8-103.    License required -- exception -- term of license -- no fee charged. (1) Only Except as
   provided in subsection (2), only an entity holding a current child-placing agency license issued by the
   department may act as an agency for the purpose of:
              (a)   procuring or selecting proposed adoptive or foster homes;
              (b)   placing children in proposed adoptive or foster homes;
              (c)   soliciting persons to adopt or foster children or arranging for persons to adopt or foster children;
              (d)   soliciting persons to relinquish children or place children in potential adoptive or foster homes; or
              (e)   engaging in placement activities.
              (2)   (a) An attorney or health care provider may assist a parent in identifying or locating a person
   interested in adopting the parent's child or in identifying or locating a child to be adopted. No payment, charge,
   fee, reimbursement of expense, or exchange of value of any kind may be made to the attorney or health care
   provider assisting the parent.
              (b)   For the purposes of this subsection (2), "health care provider" means a person licensed under Title
   37 whose scope of practice includes the provision of obstetrical care.
              (2)(3)   Licenses are valid for 1 year after issuance. A fee may not be charged for a license."
                                                             - END -
                                                                   -2-                      Authorized Print Version – HB 502
Statutes affected: 
HB0502_1.pdf: 42-7-105, 52-8-103
HB0502_2.pdf: 42-7-105, 52-8-103
HB0502_3.pdf: 42-7-105, 52-8-103
HB0502_X.pdf: 42-7-105, 52-8-103
Introduced: 42-7-105, 52-8-103