Adoption Reform
Filed: 2/8/2006
 
 

 




 

 		












09400HB4186ham002

LRB094 14135 DRJ 55613 a






1

AMENDMENT TO HOUSE BILL 4186




2
    AMENDMENT NO. ______. Amend House Bill 4186, AS AMENDED, 
3
with reference to page and line numbers of House Amendment No. 
4
1, on page 1, line 5, by replacing "5 and 35.1" with "5, 25, and 
5
35.1"; and

 
6
on page 20, lines 23 and 24, by deleting ", to be conducted at 
7
least annually"; and
 
8
on page 21, line 30, after "payments", by inserting "to 
9
caregivers"; and
 
10
on page 22, after line 26, by inserting the following:
 



11
    "(20 ILCS 505/25)  (from Ch. 23, par. 5025)



12
    Sec. 25. Grants, gifts, or legacies; Putative Father 
13
Registry fees.

14
    (a) To accept and hold in behalf of the State, if for the 
15
public
interest, a grant, gift or legacy of money or property 
16
to the
State of Illinois, to the Department, or to any 
17
institution or program of
the Department made in trust for the 
18
maintenance or support of a resident
of an institution of the 
19
Department, or for any other legitimate purpose
connected with 
20
such institution or program. The Department shall cause
each 
21
gift, grant or legacy to be kept as a distinct fund, and
shall 
22
invest the same in the manner provided by the laws of this 
 


 






09400HB4186ham002
- 2 -
LRB094 14135 DRJ 55613 a




1
State as
the same now exist, or shall hereafter be enacted, 
2
relating to securities
in which the deposit in savings banks 
3
may be invested. But the Department
may, in its discretion, 
4
deposit in a proper trust company or savings bank,
during the 
5
continuance of the trust, any fund so left in trust for the 
6
life
of a person, and shall adopt rules and regulations 
7
governing the deposit,
transfer, or withdrawal of such fund. 
8
The Department shall on the
expiration of any trust as provided 
9
in any instrument creating the same,
dispose of the fund 
10
thereby created in the manner provided in such
instrument. The 
11
Department shall include in its required reports a
statement 
12
showing what funds are so held by it and the condition thereof.

13
Monies found on residents at the time of their
admission, or

14
accruing to them during their period of institutional care, and 
15
monies
deposited with the superintendents by relatives, 
16
guardians
or friends of
residents for the special comfort and 
17
pleasure of such resident, shall
remain in the custody of such 
18
superintendents who shall
act as trustees for
disbursement to, 
19
in behalf of, or for the benefit of such resident. All
types of 
20
retirement and pension benefits from private and public sources

21
may be paid directly to the superintendent of the institution 
22
where the
person is a resident, for deposit to the resident's 
23
trust fund account.

24
    (b) The Department shall hold all Putative Father Registry 
25
fees collected under Section 12.1 of the Adoption Act in a 
26
distinct fund for the Department's use in maintaining the 
27
Putative Father Registry. The Department shall invest the 
28
moneys in the fund in the same manner as moneys in the funds 
29
described in subsection (a) and shall include in its required 
30
reports a statement showing the condition of the fund.

31
(Source: P.A. 83-1362.)"; and

 
32
on page 39, lines 3 and 4, by replacing "Section 18.3" with 
33
"Sections 12.1 and 18.3"; and
 
 


 






09400HB4186ham002
- 3 -
LRB094 14135 DRJ 55613 a




1
on page 39, after line 4, by inserting the following:
 



2
    "(750 ILCS 50/12.1)



3
    Sec. 12.1. Putative Father Registry. The Department of 
4
Children and Family
Services shall establish a Putative Father 
5
Registry for the purpose of
determining the
identity and 
6
location of a putative father of a minor child who is, or is

7
expected to be, the subject of an adoption proceeding, in order 
8
to provide
notice of such proceeding to the putative father.  
9
The Department of Children
and Family Services shall establish 
10
rules and informational material necessary
to implement the 
11
provisions of this Section.  The Department shall have the

12
authority to set reasonable fees for the use of the Registry. 
13
All such fees for the use of the Registry that are received by 
14
the Department or its agent shall be deposited into the fund 
15
authorized under subsection (b) of Section 25 of the Children 
16
and Family Services Act. The Department shall use the moneys in 
17
that fund for the purpose of maintaining the Registry.


18
    (a) The Department shall maintain the following 
19
information in the Registry:


20
        (1) With respect to the putative father:


21
            (i) Name, including any other names by which the 
22
        putative father may be
known and that he may provide to 
23
        the Registry;


24
            (ii) Address at which he may be served with notice 
25
        of a petition under
this Act, including any change of 
26
        address;


27
            (iii) Social Security Number;


28
            (iv) Date of birth; and


29
            (v) If applicable, a certified copy of an order by 
30
        a court of this
State or of another
state or territory 
31
        of the United States adjudicating the putative father 
32
        to be
the father of the child.


 


 






09400HB4186ham002
- 4 -
LRB094 14135 DRJ 55613 a




1
        (2) With respect to the mother of the child:


2
            (i) Name, including all other names known to the 
3
        putative father by
which the mother may be known;


4
            (ii) If known to the putative father, her last 
5
        address;


6
            (iii) Social Security
Number; and


7
            (iv) Date of birth.


8
        (3) If known to the putative father, the name, gender, 
9
    place of birth, and
date of birth or anticipated date of 
10
    birth of the child.


11
        (4) The date that the Department received the putative 
12
    father's
registration.


13
        (5) Other information as the Department may by rule 
14
    determine
necessary for the orderly administration of the 
15
    Registry.

16
    (b) A putative father may register with the Department 
17
before the birth of
the child but shall register no later than 
18
30 days after the birth of the
child.
All
registrations shall 
19
be in writing and signed by the putative father.  No fee
shall 
20
be charged for the initial registration.  The Department shall 
21
have no
independent obligation to gather the information to be 
22
maintained.

23
    (c) An interested party, including persons intending to 
24
adopt a child, a
child welfare agency with whom the mother has 
25
placed or has given written
notice of her intention to place a 
26
child for adoption, the mother of the child,
or an attorney 
27
representing an interested party may request that the

28
Department search the Registry to determine whether a putative 
29
father is
registered in relation to a child who is or may be 
30
the subject to an adoption
petition.

31
    (d) A search of the Registry may be proven by the 
32
production of a certified
copy of the registration form, or by 
33
the certified statement of the
administrator of the Registry 
34
that after a search, no registration of a
putative father in 
 


 






09400HB4186ham002
- 5 -
LRB094 14135 DRJ 55613 a




1
relation to a child who is or may be the subject of an
adoption 
2
petition could be located.

3
    (e) Except as otherwise provided, information contained 
4
within the
Registry is confidential and shall not be published 
5
or open to public
inspection.

6
    (f) A person who knowingly or intentionally registers false

7
information under this Section commits a Class B misdemeanor.
A 
8
person who knowingly or intentionally releases confidential 
9
information
in violation of this Section commits a Class B 
10
misdemeanor.

11
    (g) Except as provided in subsections (b) or (c) of Section 
12
8 of this Act, a putative
father who
fails to register with the 
13
Putative Father Registry as provided in this Section
is barred 
14
from thereafter bringing or maintaining any action to assert 
15
any
interest in the child, unless he proves by clear and 
16
convincing evidence that:


17
        (1) it was not possible for him to register within the 
18
    period of time
specified in subsection (b) of this Section; 
19
    and


20
        (2) his failure to register was through no fault of his 
21
    own; and


22
        (3) he registered within 10 days after it became 
23
    possible for him to file.

24
    A lack of knowledge of the pregnancy or birth is not an 
25
acceptable reason for
failure to register.

26
    (h) Except as provided in subsection (b) or (c) of Section 
27
8 of this Act, failure to timely
register with the Putative 
28
Father Registry (i) shall be deemed to be a waiver
and 
29
surrender of any right to notice of any hearing in any judicial 
30
proceeding
for the adoption of the child, and the consent or 
31
surrender of that
person to the adoption of
the
child is not 
32
required, and (ii) shall constitute an abandonment of the child

33
and shall be prima facie evidence of sufficient grounds to 
34
support termination
of such
father's parental rights under this 
 


 






09400HB4186ham002
- 6 -
LRB094 14135 DRJ 55613 a




1
Act.

2
    (i) In any adoption proceeding pertaining to a child born 
3
out of wedlock, if
there is no showing that a putative father 
4
has executed a consent or
surrender or waived his
rights 
5
regarding the proposed adoption, certification as specified in

6
subsection (d) shall be filed with the court prior to entry of 
7
a final
judgment order of adoption.

8
    (j) The Registry shall not be used to notify a putative 
9
father who is the
father of a child as a result of criminal 
10
sexual abuse or assault as defined
under Article 12 of the 
11
Criminal Code of 1961.

12
(Source: P.A. 89-315, eff. 1-1-96; 90-15, eff. 6-13-97.)".