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Rep. Al Riley
Filed: 4/1/2009
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09600HB4220ham002 |
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LRB096 10253 AJO 25029 a |
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| AMENDMENT TO HOUSE BILL 4220
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| AMENDMENT NO. ______. Amend House Bill 4220, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Adoption Act is amended by changing Section |
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| 12.1 as follows:
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| (750 ILCS 50/12.1)
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| Sec. 12.1. Putative Father Registry. The Department of |
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| Children and Family
Services shall establish a Putative Father |
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| Registry for the purpose of
determining the
identity and |
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| location of a putative father of a minor child who is, or is
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| expected to be, the subject of an adoption proceeding, in order |
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| to provide
notice of such proceeding to the putative father. |
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| The Department of Children
and Family Services shall establish |
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| rules and informational material necessary
to implement the |
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| provisions of this Section. The Department shall have the
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LRB096 10253 AJO 25029 a |
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| authority to set reasonable fees for the use of the Registry. |
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| All such fees for the use of the Registry that are received by |
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| the Department or its agent shall be deposited into the fund |
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| authorized under subsection (b) of Section 25 of the Children |
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| and Family Services Act. The Department shall use the moneys in |
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| that fund for the purpose of maintaining the Registry.
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| (a) The Department shall maintain the following |
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| information in the Registry:
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| (1) With respect to the putative father:
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| (i) Name, including any other names by which the |
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| putative father may be
known and that he may provide to |
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| the Registry;
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| (ii) Address at which he may be served with notice |
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| of a petition under
this Act, including any change of |
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| address;
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| (iii) Social Security Number;
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| (iv) Date of birth; and
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| (v) If applicable, a certified copy of an order by |
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| a court of this
State or of another
state or territory |
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| of the United States adjudicating the putative father |
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| to be
the father of the child.
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| (2) With respect to the mother of the child:
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| (i) Name, including all other names known to the |
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| putative father by
which the mother may be known;
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| (ii) If known to the putative father, her last |
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| address;
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LRB096 10253 AJO 25029 a |
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| (iii) Social Security
Number; and
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| (iv) Date of birth.
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| (3) If known to the putative father, the name, gender, |
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| place of birth, and
date of birth or anticipated date of |
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| birth of the child.
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| (4) The date that the Department received the putative |
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| father's
registration.
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| (5) Other information as the Department may by rule |
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| determine
necessary for the orderly administration of the |
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| Registry.
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| (b) A putative father may register with the Department |
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| before the birth of
the child but shall register no later than |
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| 30 days after the birth of the
child.
All
registrations shall |
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| be in writing and signed by the putative father. No fee
shall |
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| be charged for the initial registration. The Department shall |
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| have no
independent obligation to gather the information to be |
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| maintained.
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| (c) An interested party, including persons intending to |
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| adopt a child, a
child welfare agency with whom the mother has |
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| placed or has given written
notice of her intention to place a |
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| child for adoption, the mother of the child,
or an attorney |
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| representing an interested party may request that the
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| Department search the Registry to determine whether a putative |
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| father is
registered in relation to a child who is or may be |
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| the subject to an adoption
petition.
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| (d) A search of the Registry may be proven by the |
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LRB096 10253 AJO 25029 a |
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| production of a certified
copy of the registration form, or by |
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| the certified statement of the
administrator of the Registry |
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| that after a search, no registration of a
putative father in |
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| relation to a child who is or may be the subject of an
adoption |
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| petition could be located.
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| (e) Except as otherwise provided, information contained |
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| within the
Registry is confidential and shall not be published |
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| or open to public
inspection.
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| (f) A person who knowingly or intentionally registers false
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| information under this Section commits a Class B misdemeanor.
A |
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| person who knowingly or intentionally releases confidential |
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| information
in violation of this Section commits a Class B |
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| misdemeanor.
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| (g) Except as provided in subsections (b) or (c) of Section |
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| 8 of this Act, a putative
father who
fails to register with the |
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| Putative Father Registry as provided in this Section
is barred |
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| from thereafter bringing or maintaining any action to assert |
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| any
interest in the child, unless he proves by clear and |
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| convincing evidence that:
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| (1) it was not possible for him to register within the |
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| period of time
specified in subsection (b) of this Section; |
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| and
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| (2) his failure to register was through no fault of his |
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| own; and
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| (3) he registered within 10 days after it became |
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| possible for him to file.
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| A putative father who files a verified petition alleging |
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| facts sufficient to meet the requirements of the exception set |
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| forth in this subsection (g) is entitled to a hearing limited |
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| solely to whether his registration falls within said exception, |
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| however, in no event is a putative father entitled to a hearing |
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| if said petition is filed after the entry of an order |
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| terminating the parental rights of said putative father unless |
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| he can show that a fraud has been perpetuated upon the court. A |
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| lack of knowledge of the pregnancy or birth is not an |
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| acceptable reason for
failure to register.
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| (h) Except as provided in subsection (b) or (c) of Section |
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| 8 of this Act, failure to timely
register with the Putative |
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| Father Registry (i) shall be deemed to be a waiver
and |
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| surrender of any right to notice of any hearing in any judicial |
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| proceeding
for the adoption of the child, and the consent or |
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| surrender of that
person to the adoption of
the
child is not |
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| required, and (ii) shall constitute an abandonment of the child
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| and shall be prima facie evidence of sufficient grounds to |
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| support termination
of such
father's parental rights under this |
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| Act.
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| (i) In any adoption proceeding pertaining to a child born |
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| out of wedlock, if
there is no showing that a putative father |
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| has executed a consent or
surrender or waived his
rights |
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| regarding the proposed adoption, certification as specified in
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| subsection (d) shall be filed with the court prior to entry of |
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| a final
judgment order of adoption.
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