Full Text of HB4220 096th General Assembly
HB4220eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Adoption Act is amended by changing Section | 5 |
| 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 | 8 |
| Children and Family
Services shall establish a Putative Father | 9 |
| Registry for the purpose of
determining the
identity and | 10 |
| 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 | 12 |
| to provide
notice of such proceeding to the putative father. | 13 |
| The Department of Children
and Family Services shall establish | 14 |
| rules and informational material necessary
to implement the | 15 |
| provisions of this Section. The Department shall have the
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| authority to set reasonable fees for the use of the Registry. | 17 |
| All such fees for the use of the Registry that are received by | 18 |
| the Department or its agent shall be deposited into the fund | 19 |
| authorized under subsection (b) of Section 25 of the Children | 20 |
| and Family Services Act. The Department shall use the moneys in | 21 |
| that fund for the purpose of maintaining the Registry.
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| (a) The Department shall maintain the following | 23 |
| 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 | 3 |
| putative father may be
known and that he may provide to | 4 |
| the Registry;
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| (ii) Address at which he may be served with notice | 6 |
| of a petition under
this Act, including any change of | 7 |
| 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 | 11 |
| a court of this
State or of another
state or territory | 12 |
| of the United States adjudicating the putative father | 13 |
| 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 | 16 |
| putative father by
which the mother may be known;
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| (ii) If known to the putative father, her last | 18 |
| 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, | 22 |
| place of birth, and
date of birth or anticipated date of | 23 |
| birth of the child.
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| (4) The date that the Department received the putative | 25 |
| 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 | 2 |
| Registry.
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| (b) A putative father may register with the Department | 4 |
| before the birth of
the child but shall register no later than | 5 |
| 40 30 days after the birth of the
child.
All
registrations | 6 |
| shall be in writing and signed by the putative father. No fee
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| shall be charged for the initial registration. The Department | 8 |
| shall have no
independent obligation to gather the information | 9 |
| to be maintained.
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| (c) An interested party, including persons intending to | 11 |
| adopt a child, a
child welfare agency with whom the mother has | 12 |
| placed or has given written
notice of her intention to place a | 13 |
| child for adoption, the mother of the child,
or an attorney | 14 |
| representing an interested party may request that the
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| Department search the Registry to determine whether a putative | 16 |
| father is
registered in relation to a child who is or may be | 17 |
| the subject to an adoption
petition.
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| (d) A search of the Registry may be proven by the | 19 |
| production of a certified
copy of the registration form, or by | 20 |
| the certified statement of the
administrator of the Registry | 21 |
| that after a search, no registration of a
putative father in | 22 |
| relation to a child who is or may be the subject of an
adoption | 23 |
| petition could be located.
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| (e) Except as otherwise provided, information contained | 25 |
| within the
Registry is confidential and shall not be published | 26 |
| 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 | 3 |
| person who knowingly or intentionally releases confidential | 4 |
| information
in violation of this Section commits a Class B | 5 |
| misdemeanor.
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| (g) Except as provided in subsections (b) or (c) of Section | 7 |
| 8 of this Act, a putative
father who
fails to register with the | 8 |
| Putative Father Registry as provided in this Section
is barred | 9 |
| from thereafter bringing or maintaining any action to assert | 10 |
| any
interest in the child, unless he proves : | 11 |
| (1) by clear and convincing evidence that: | 12 |
| (A) it was not possible for him to register within
the | 13 |
| period of time specified in subsection (b) of this Section; | 14 |
| and | 15 |
| (B) his failure to register was through no fault of
his | 16 |
| own; and | 17 |
| (C) he registered within 10 days after it became
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| possible for him to file; or | 19 |
| (2) by clear and convincing evidence that a fraud has | 20 |
| been perpetrated upon the court. | 21 |
| by clear and convincing evidence that:
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| (1) it was not possible for him to register within the | 23 |
| period of time
specified in subsection (b) of this Section; | 24 |
| and
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| (2) his failure to register was through no fault of his | 26 |
| own; and
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| (3) he registered within 10 days after it became | 2 |
| possible for him to file.
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| A putative father who files a verified petition alleging | 4 |
| facts sufficient to meet the requirements of the exception set | 5 |
| forth in this subsection (g) is entitled to a hearing limited | 6 |
| solely to whether his registration falls within said exception, | 7 |
| however, in no event is a putative father entitled to a hearing | 8 |
| if said petition is filed after the entry of an order | 9 |
| terminating the parental rights of said putative father. A lack | 10 |
| of knowledge of the pregnancy or birth is not an acceptable | 11 |
| reason for
failure to register.
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| (h) Except as provided in subsection (b) or (c) of Section | 13 |
| 8 of this Act, failure to timely
register with the Putative | 14 |
| Father Registry (i) shall be deemed to be a waiver
and | 15 |
| surrender of any right to notice of any hearing in any judicial | 16 |
| proceeding
for the adoption of the child, and the consent or | 17 |
| surrender of that
person to the adoption of
the
child is not | 18 |
| required, and (ii) shall constitute an abandonment of the child
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| and shall be prima facie evidence of sufficient grounds to | 20 |
| support termination
of such
father's parental rights under this | 21 |
| Act.
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| (i) In any adoption proceeding pertaining to a child born | 23 |
| out of wedlock, if
there is no showing that a putative father | 24 |
| has executed a consent or
surrender or waived his
rights | 25 |
| 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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| (j) The Registry shall not be used to notify a putative | 3 |
| father who is the
father of a child as a result of criminal | 4 |
| sexual abuse or assault as defined
under Article 12 of the | 5 |
| Criminal Code of 1961.
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| (Source: P.A. 94-1010, eff. 10-1-06.)
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