Rep. Al Riley
Filed: 4/1/2009
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4220
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4220, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Adoption Act is amended by changing Section | ||||||
6 | 12.1 as follows:
| ||||||
7 | (750 ILCS 50/12.1)
| ||||||
8 | Sec. 12.1. Putative Father Registry. The Department of | ||||||
9 | Children and Family
Services shall establish a Putative Father | ||||||
10 | Registry for the purpose of
determining the
identity and | ||||||
11 | location of a putative father of a minor child who is, or is
| ||||||
12 | expected to be, the subject of an adoption proceeding, in order | ||||||
13 | to provide
notice of such proceeding to the putative father. | ||||||
14 | The Department of Children
and Family Services shall establish | ||||||
15 | rules and informational material necessary
to implement the | ||||||
16 | provisions of this Section. The Department shall have the
|
| |||||||
| |||||||
1 | authority to set reasonable fees for the use of the Registry. | ||||||
2 | All such fees for the use of the Registry that are received by | ||||||
3 | the Department or its agent shall be deposited into the fund | ||||||
4 | authorized under subsection (b) of Section 25 of the Children | ||||||
5 | and Family Services Act. The Department shall use the moneys in | ||||||
6 | that fund for the purpose of maintaining the Registry.
| ||||||
7 | (a) The Department shall maintain the following | ||||||
8 | information in the Registry:
| ||||||
9 | (1) With respect to the putative father:
| ||||||
10 | (i) Name, including any other names by which the | ||||||
11 | putative father may be
known and that he may provide to | ||||||
12 | the Registry;
| ||||||
13 | (ii) Address at which he may be served with notice | ||||||
14 | of a petition under
this Act, including any change of | ||||||
15 | address;
| ||||||
16 | (iii) Social Security Number;
| ||||||
17 | (iv) Date of birth; and
| ||||||
18 | (v) If applicable, a certified copy of an order by | ||||||
19 | a court of this
State or of another
state or territory | ||||||
20 | of the United States adjudicating the putative father | ||||||
21 | to be
the father of the child.
| ||||||
22 | (2) With respect to the mother of the child:
| ||||||
23 | (i) Name, including all other names known to the | ||||||
24 | putative father by
which the mother may be known;
| ||||||
25 | (ii) If known to the putative father, her last | ||||||
26 | address;
|
| |||||||
| |||||||
1 | (iii) Social Security
Number; and
| ||||||
2 | (iv) Date of birth.
| ||||||
3 | (3) If known to the putative father, the name, gender, | ||||||
4 | place of birth, and
date of birth or anticipated date of | ||||||
5 | birth of the child.
| ||||||
6 | (4) The date that the Department received the putative | ||||||
7 | father's
registration.
| ||||||
8 | (5) Other information as the Department may by rule | ||||||
9 | determine
necessary for the orderly administration of the | ||||||
10 | Registry.
| ||||||
11 | (b) A putative father may register with the Department | ||||||
12 | before the birth of
the child but shall register no later than | ||||||
13 | 30 days after the birth of the
child.
All
registrations shall | ||||||
14 | be in writing and signed by the putative father. No fee
shall | ||||||
15 | be charged for the initial registration. The Department shall | ||||||
16 | have no
independent obligation to gather the information to be | ||||||
17 | maintained.
| ||||||
18 | (c) An interested party, including persons intending to | ||||||
19 | adopt a child, a
child welfare agency with whom the mother has | ||||||
20 | placed or has given written
notice of her intention to place a | ||||||
21 | child for adoption, the mother of the child,
or an attorney | ||||||
22 | representing an interested party may request that the
| ||||||
23 | Department search the Registry to determine whether a putative | ||||||
24 | father is
registered in relation to a child who is or may be | ||||||
25 | the subject to an adoption
petition.
| ||||||
26 | (d) A search of the Registry may be proven by the |
| |||||||
| |||||||
1 | production of a certified
copy of the registration form, or by | ||||||
2 | the certified statement of the
administrator of the Registry | ||||||
3 | that after a search, no registration of a
putative father in | ||||||
4 | relation to a child who is or may be the subject of an
adoption | ||||||
5 | petition could be located.
| ||||||
6 | (e) Except as otherwise provided, information contained | ||||||
7 | within the
Registry is confidential and shall not be published | ||||||
8 | or open to public
inspection.
| ||||||
9 | (f) A person who knowingly or intentionally registers false
| ||||||
10 | information under this Section commits a Class B misdemeanor.
A | ||||||
11 | person who knowingly or intentionally releases confidential | ||||||
12 | information
in violation of this Section commits a Class B | ||||||
13 | misdemeanor.
| ||||||
14 | (g) Except as provided in subsections (b) or (c) of Section | ||||||
15 | 8 of this Act, a putative
father who
fails to register with the | ||||||
16 | Putative Father Registry as provided in this Section
is barred | ||||||
17 | from thereafter bringing or maintaining any action to assert | ||||||
18 | any
interest in the child, unless he proves by clear and | ||||||
19 | convincing evidence that:
| ||||||
20 | (1) it was not possible for him to register within the | ||||||
21 | period of time
specified in subsection (b) of this Section; | ||||||
22 | and
| ||||||
23 | (2) his failure to register was through no fault of his | ||||||
24 | own; and
| ||||||
25 | (3) he registered within 10 days after it became | ||||||
26 | possible for him to file.
|
| |||||||
| |||||||
1 | A putative father who files a verified petition alleging | ||||||
2 | facts sufficient to meet the requirements of the exception set | ||||||
3 | forth in this subsection (g) is entitled to a hearing limited | ||||||
4 | solely to whether his registration falls within said exception, | ||||||
5 | however, in no event is a putative father entitled to a hearing | ||||||
6 | if said petition is filed after the entry of an order | ||||||
7 | terminating the parental rights of said putative father unless | ||||||
8 | he can show that a fraud has been perpetuated upon the court. A | ||||||
9 | lack of knowledge of the pregnancy or birth is not an | ||||||
10 | acceptable reason for
failure to register.
| ||||||
11 | (h) Except as provided in subsection (b) or (c) of Section | ||||||
12 | 8 of this Act, failure to timely
register with the Putative | ||||||
13 | Father Registry (i) shall be deemed to be a waiver
and | ||||||
14 | surrender of any right to notice of any hearing in any judicial | ||||||
15 | proceeding
for the adoption of the child, and the consent or | ||||||
16 | surrender of that
person to the adoption of
the
child is not | ||||||
17 | required, and (ii) shall constitute an abandonment of the child
| ||||||
18 | and shall be prima facie evidence of sufficient grounds to | ||||||
19 | support termination
of such
father's parental rights under this | ||||||
20 | Act.
| ||||||
21 | (i) In any adoption proceeding pertaining to a child born | ||||||
22 | out of wedlock, if
there is no showing that a putative father | ||||||
23 | has executed a consent or
surrender or waived his
rights | ||||||
24 | regarding the proposed adoption, certification as specified in
| ||||||
25 | subsection (d) shall be filed with the court prior to entry of | ||||||
26 | a final
judgment order of adoption.
|
| |||||||
| |||||||
1 | (j) The Registry shall not be used to notify a putative | ||||||
2 | father who is the
father of a child as a result of criminal | ||||||
3 | sexual abuse or assault as defined
under Article 12 of the | ||||||
4 | Criminal Code of 1961.
| ||||||
5 | (Source: P.A. 94-1010, eff. 10-1-06.)".
|