Full Text of HB4186 94th General Assembly
HB4186ham002 94TH GENERAL ASSEMBLY
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Adoption Reform
Filed: 2/8/2006
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09400HB4186ham002 |
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LRB094 14135 DRJ 55613 a |
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| AMENDMENT TO HOUSE BILL 4186
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| 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
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| 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:
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| "(20 ILCS 505/25) (from Ch. 23, par. 5025)
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| Sec. 25. Grants, gifts, or legacies; Putative Father | 13 |
| Registry fees.
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| (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 |
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LRB094 14135 DRJ 55613 a |
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| 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.
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| Monies found on residents at the time of their
admission, or
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| 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
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| 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.
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| (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.
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| (Source: P.A. 83-1362.)"; and
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| on page 39, lines 3 and 4, by replacing "Section 18.3" with | 33 |
| "Sections 12.1 and 18.3"; and |
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LRB094 14135 DRJ 55613 a |
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| on page 39, after line 4, by inserting the following:
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| "(750 ILCS 50/12.1)
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| 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
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| 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
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| 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.
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| (a) The Department shall maintain the following | 19 |
| 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 | 22 |
| putative father may be
known and that he may provide to | 23 |
| the Registry;
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| (ii) Address at which he may be served with notice | 25 |
| of a petition under
this Act, including any change of | 26 |
| 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 | 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.
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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 | 3 |
| putative father by
which the mother may be known;
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| (ii) If known to the putative father, her last | 5 |
| address;
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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, | 9 |
| place of birth, and
date of birth or anticipated date of | 10 |
| birth of the child.
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| (4) The date that the Department received the putative | 12 |
| father's
registration.
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| (5) Other information as the Department may by rule | 14 |
| determine
necessary for the orderly administration of the | 15 |
| Registry.
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| (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.
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| (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
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| 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.
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| (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 |
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| relation to a child who is or may be the subject of an
adoption | 2 |
| petition could be located.
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| (e) Except as otherwise provided, information contained | 4 |
| within the
Registry is confidential and shall not be published | 5 |
| 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 | 8 |
| person who knowingly or intentionally releases confidential | 9 |
| information
in violation of this Section commits a Class B | 10 |
| misdemeanor.
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| (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:
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| (1) it was not possible for him to register within the | 18 |
| period of time
specified in subsection (b) of this Section; | 19 |
| and
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| (2) his failure to register was through no fault of his | 21 |
| own; and
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| (3) he registered within 10 days after it became | 23 |
| possible for him to file.
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| A lack of knowledge of the pregnancy or birth is not an | 25 |
| acceptable reason for
failure to register.
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| (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
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| and shall be prima facie evidence of sufficient grounds to | 34 |
| support termination
of such
father's parental rights under this |
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LRB094 14135 DRJ 55613 a |
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| Act.
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| (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
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| subsection (d) shall be filed with the court prior to entry of | 7 |
| a final
judgment order of adoption.
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| (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.
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| (Source: P.A. 89-315, eff. 1-1-96; 90-15, eff. 6-13-97.)".
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