S 939 ISCommentsClose CommentsPermalink

To establish national and State putative father registries, to make grants to States to promote permanent families for children and responsible fatherhood, and for other purposes.CommentsClose CommentsPermalink

April 30, 2009CommentsClose CommentsPermalink

Ms. LANDRIEU introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To establish national and State putative father registries, to make grants to States to promote permanent families for children and responsible fatherhood, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Protecting Adoption and Promoting Responsible Fatherhood Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. ESTABLISHMENT OF NATIONAL AND STATE PUTATIVE FATHER REGISTRIES TO FACILITATE ADOPTIONS.

Part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Subpart 3--National and State Putative Father Registries to Facilitate Adoptions

‘SEC. 440. DEFINITIONS.

‘In this subpart:CommentsClose CommentsPermalink





‘(1) BUSINESS DAY- The term ‘business day’ means a day on which Federal and State offices are open for regular business.CommentsClose CommentsPermalink





‘(2) HOME ADDRESS- The term ‘home address’ means the most recent place of residence of an individual.CommentsClose CommentsPermalink





‘(3) NATIONAL PUTATIVE FATHER REGISTRY- The term ‘National Putative Father Registry’ means the registry established and maintained under section 441.CommentsClose CommentsPermalink





‘(4) NOTICE- The term ‘notice’ means notice sufficient to satisfy any requirements under State law applicable with respect to notice to a putative father of paternity, of a proceeding to terminate his rights to a child, or of a proceeding that is related to a planned or pending adoption in that State of a child he has, or may have fathered, or the entry of such a child into State custody.CommentsClose CommentsPermalink





‘(5) PENDING ADOPTION- The term ‘pending adoption’ means any adoption in which an adoption petition has been filed with a court pursuant to State law.CommentsClose CommentsPermalink





‘(6) PLANNED ADOPTION- The term ‘planned adoption’ means any adoption in which the birth mother has formally contacted an attorney or a State licensed adoption agency about placing her child for adoption.CommentsClose CommentsPermalink





‘(7) PUTATIVE FATHER- The term ‘putative father’ means a man who has had sexual relations with a woman to whom he is not married and is therefore presumed to know that such woman may be pregnant as a result of such relations.CommentsClose CommentsPermalink





‘(8) SEARCH- The term ‘search’ means a request for information regarding a man who had sexual relations with a woman to whom he is not married and is therefore presumed to know that such woman may be pregnant.CommentsClose CommentsPermalink





‘(9) STATE PUTATIVE FATHER REGISTRY- The term ‘State Putative Father Registry’ means, with respect to a State, the registry established or modified and maintained under section 444 for that State.CommentsClose CommentsPermalink

‘SEC. 441. NATIONAL PUTATIVE FATHER REGISTRY.

‘(a) Establishment and Maintenance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than the date that is 180 days after the date of enactment of this subpart, the Secretary shall establish and maintain an automated National Putative Father Registry that contains the information described in section 444(c).CommentsClose CommentsPermalink





‘(2) DATA ENTRY AND DELETION REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) DATA ENTRY- Information transmitted by a State under section 444(d)(2) shall be entered into the National Putative Father Registry not later than the date that is 2 business days after the date on which such information is received.CommentsClose CommentsPermalink





‘(B) DELETION OF DATA- Information entered into the National Putative Father Registry shall remain in the registry for not less than 20 years from the date of entry.CommentsClose CommentsPermalink





‘(3) ACCESS TO INFORMATION IN THE NATIONAL PUTATIVE FATHER REGISTRY- Access to the information contained in the National Putative Father Registry is limited to the organizational unit that is responsible for administering the State Putative Father Registry under section 443(3) and any State agencies or entities that are involved in the placement of children.CommentsClose CommentsPermalink





‘(4) SEARCH REQUESTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall only accept a request from an eligible party described in subparagraph (B) to search the National Putative Father Registry if such request has been verified for authenticity.CommentsClose CommentsPermalink





‘(B) ELIGIBLE PARTIES DESCRIBED- The eligible parties described in this subparagraph are as follows:CommentsClose CommentsPermalink





‘(i) Public and licensed private adoption or child placement agencies accessing information for an adoption or termination of rights of a putative father.CommentsClose CommentsPermalink





‘(ii) Licensed attorneys representing a party in a planned or pending adoption or the termination of rights of a putative father.CommentsClose CommentsPermalink





‘(iii) The State agency responsible for administering the State plan under part D of this title.CommentsClose CommentsPermalink





‘(iv) State agencies or entities responsible for the placement of children.CommentsClose CommentsPermalink





‘(v) State courts.CommentsClose CommentsPermalink





‘(C) FEE- The Secretary is authorized to charge a reasonable fee for a search conducted under this subsection.CommentsClose CommentsPermalink





‘(5) LIMITATION ON DISCLOSURE OF INFORMATION- No information contained in the National Putative Father Registry shall be disclosed to any person if the disclosure of such information would contravene a national security interest of the United States or if such disclosure would compromise the confidentiality of census data.CommentsClose CommentsPermalink





‘(6) METHODS FOR REQUESTING A SEARCH OF THE NATIONAL DATABASE- A person who is eligible to request a search under this section may do so either electronically or through the mail.CommentsClose CommentsPermalink





‘(7) CERTIFICATE OF SEARCH-CommentsClose CommentsPermalink





‘(A) ISSUANCE- Within 2 business days of receipt of a search request under paragraph (4), the Secretary shall issue by mail a certificate of search to the person who requested the search.CommentsClose CommentsPermalink





‘(B) CONTENTS- The certificate of search shall contain--CommentsClose CommentsPermalink





‘(i) the names and most recent contact information for possible putative fathers; andCommentsClose CommentsPermalink





‘(ii) the State Putative Father Registries included in the search.CommentsClose CommentsPermalink





‘(C) EFFECT OF CERTIFICATE- A certificate issued under this paragraph shall serve as evidence of efforts to locate a putative father in order to provide the putative father with notice of a proceeding to establish paternity of, of a proceeding to terminate the putative father’s rights to, or of a proceeding related to a pending or planned adoption of a child the putative father has or may have fathered, or of the entry of such a child into State custody.CommentsClose CommentsPermalink





‘(8) NOTICE TO REGISTERED PUTATIVE FATHERS- Each putative father identified by a certificate of search issued in response to a request under paragraph (4)(A) shall be provided notice in such form and manner, and subject to such time limits, as specified by the law of the forum State of any of the following unless and until the putative father’s rights to the child have been terminated:CommentsClose CommentsPermalink





‘(A) A proceeding related to a pending or planned adoption of a child the putative father has, or may have, fathered.CommentsClose CommentsPermalink





‘(B) A proceeding to terminate the putative father’s rights to a child.CommentsClose CommentsPermalink





‘(C) A proceeding related to the entry of a child the putative father has, or may have, fathered into State custody.CommentsClose CommentsPermalink





‘(D) Establishment of paternity.CommentsClose CommentsPermalink





‘(9) CERTIFICATE OF REGISTRATION-CommentsClose CommentsPermalink





‘(A) ISSUANCE- Within 2 business days of receipt of information transmitted by a State under section 444(d), the Secretary shall issue by mail a certificate of registration to the individual registered.CommentsClose CommentsPermalink





‘(B) EFFECT OF CERTIFICATION- A certificate issued under this section shall serve as evidence that a putative father has registered with a State Putative Father Registry requesting that he receive notice of a proceeding to establish paternity of, of a proceeding to terminate the putative father’s rights to, or of a proceeding related to a planned or pending adoption of a child the putative father has or may have fathered, or of the entry of such a child into State custody.CommentsClose CommentsPermalink





‘(b) National Media Educational Campaign- The Secretary shall establish a nationwide responsible fatherhood and putative father registry educational campaign that is designed--CommentsClose CommentsPermalink





‘(1) to inform men of the existence of the National Putative Father Registry, the advantages of registering with a State Putative Father Registry, and the rights and responsibilities of putative fathers; andCommentsClose CommentsPermalink





‘(2) to inform women of the existence of the National Putative Father Registry and the potential role of that registry in a pending or planned adoption or a termination of the rights of a putative father.CommentsClose CommentsPermalink





‘(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, such sums as are necessary for fiscal year 2009 and each fiscal year thereafterCommentsClose CommentsPermalink

‘SEC. 442. GRANTS TO STATES TO PROMOTE RESPONSIBLE FATHERHOOD.

‘(a) Grants to States- Subject to subsection (b), the Secretary shall make grants to eligible States for the purpose of--CommentsClose CommentsPermalink





‘(1) assisting States in developing, establishing, and operating programs that are designed--CommentsClose CommentsPermalink





‘(A) to improve the protection of the rights of responsible unwed fathers in legal proceedings involving a planned or pending adoption, the termination of a father’s rights to a biological child, or the entry of a child into the State child welfare system;CommentsClose CommentsPermalink





‘(B) to improve the laws and regulations involving the pre-birth abandonment of a child by the biological father and abandonment of a child by the biological father subsequent to birth;CommentsClose CommentsPermalink





‘(C) to assist mothers in making responsible plans for their children’s future; andCommentsClose CommentsPermalink





‘(D) to protect the privacy and safety of birth mothers and fathers; andCommentsClose CommentsPermalink





‘(2) reimbursing States for any costs incurred in meeting the requirements of this subpart.CommentsClose CommentsPermalink





‘(b) Eligibility Requirements- The Secretary may not make a grant to a State under this section unless the State demonstrates to the Secretary that the State has--CommentsClose CommentsPermalink





‘(1) a State plan in effect that has been approved by the Secretary under section 443;CommentsClose CommentsPermalink





‘(2) established, or agreed to establish, a State Putative Father Registry under section 444; andCommentsClose CommentsPermalink





‘(3) implemented or has agreed to implement--CommentsClose CommentsPermalink





‘(A) a law on pre-birth abandonment and abandonment subsequent to birth under section 445(a);CommentsClose CommentsPermalink





‘(B) a State media educational campaign under section 445(b); andCommentsClose CommentsPermalink





‘(C) adoption laws under section 445(c).CommentsClose CommentsPermalink





‘(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary for fiscal year 2009 and each fiscal year thereafter for purposes of awarding grants to States under this section.CommentsClose CommentsPermalink

‘SEC. 443. STATE PLAN FOR PROMOTING RESPONSIBLE FATHERHOOD AND PERMANENCY FOR CHILDREN.

‘Each State that desires to receive a grant under section 442 shall develop and implement a State plan for promoting responsible fatherhood and permanency for children that--CommentsClose CommentsPermalink





‘(1) has been approved by the Secretary;CommentsClose CommentsPermalink





‘(2) shall be in effect in all political subdivisions of the State;CommentsClose CommentsPermalink





‘(3) establishes or designates a single organizational unit within the State that meets such staffing and organizational requirements as the Secretary may prescribe to administer the State plan and the State Putative Father Registry required under section 444;CommentsClose CommentsPermalink





‘(4) provides services to children of unwed parents related to the identification of putative fathers and the making of permanent custody arrangements for those children;CommentsClose CommentsPermalink





‘(5) provides for the establishment of cooperative agreements between the State and appropriate agencies, such as courts, hospitals, and law enforcement agencies, to assist the organizational unit established or designated under paragraph (3) to administer the State plan by making available putative father registry registration forms for mailing by putative fathers to such organizational unit;CommentsClose CommentsPermalink





‘(6) provides assurances that the State will, in accordance with standards prescribed by the Secretary, cooperate with other States and the Federal Government to assist individuals in their efforts to locate and provide notice to putative fathers;CommentsClose CommentsPermalink





‘(7) provides for a process of annual reviews and reports to the Secretary on the State plan implemented under this section, including such information as may be necessary to measure compliance with the requirements under this subpart;CommentsClose CommentsPermalink





‘(8) provides that the State will establish and maintain a State Putative Father Registry that meets the requirements of section 444 or will modify and maintain an existing registry to meet such requirements;CommentsClose CommentsPermalink





‘(9) provides for a process under which a registered putative father will receive notice at the address provided to the registry, within State determined guidelines and time-limits, of a proceeding to establish the paternity of, of a proceeding to terminate the putative father’s rights to, or of a proceeding related to a planned or pending adoption of a child the putative father has or may have fathered, or of the entry of such a child into State custody;CommentsClose CommentsPermalink





‘(10) amends the State long-arm jurisdictional statute to ensure that personal jurisdiction is established for a father registered with the National Putative Father Registry established under section 441(a); andCommentsClose CommentsPermalink





‘(11) provides that the State will establish procedures, if not already in place, to protect the safety and privacy of mothers, including those who have been the victims of violence.CommentsClose CommentsPermalink

‘SEC. 444. STATE PUTATIVE FATHER REGISTRIES.

‘(a) Establishment and Maintenance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), each State that desires to receive a grant under section 442 shall provide assurances to the Secretary that the State will establish and maintain an automated putative father registry that meets the succeeding requirements of this section.CommentsClose CommentsPermalink





‘(2) EXISTING STATE PUTATIVE FATHER REGISTRIES- A State that has a putative father registry in existence on the date of enactment of this subpart and desires to receive a grant under section 442 shall provide assurances to the Secretary that the State will, not later than 180 days from the last day of the first regular session of the State legislature that begins after the date of enactment of this subpart, modify the registry to the extent necessary for the registry to meet the succeeding requirements of this section with respect to putative fathers who register with the State on or after that day. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate, regular session of the State legislature.CommentsClose CommentsPermalink





‘(b) Registration With the State Putative Father Registry-CommentsClose CommentsPermalink





‘(1) SUBMISSION OF INFORMATION- The State shall establish procedures under which the putative father of such child may submit the information described in subsection (c) to the State for the purpose of including such information in the registry established or modified and maintained under subsection (a). Such procedures shall provide that, in order for the putative father to be entitled to notice of any of the proceedings identified in section 441(a)(8), the putative father must submit information for inclusion in the State registry within State-determined time limits.CommentsClose CommentsPermalink





‘(2) VERIFICATION- The procedures established under paragraph (1) shall include a means to verify that the information submitted by a putative father is his own personal information and that it is true and correct to the best of his knowledge.CommentsClose CommentsPermalink





‘(c) Contents- With respect to a child, the registry established or modified and maintained under subsection (a) shall contain the following information:CommentsClose CommentsPermalink





‘(1) The name of the putative father (including any other names by which he may be known).CommentsClose CommentsPermalink





‘(2) The date of birth of the putative father.CommentsClose CommentsPermalink





‘(3) The Social Security number of the putative father.CommentsClose CommentsPermalink





‘(4) The State of issue and driver’s license number of the putative father, if any.CommentsClose CommentsPermalink





‘(5) The home address of the putative father.CommentsClose CommentsPermalink





‘(6) The telephone number of the putative father, if any.CommentsClose CommentsPermalink





‘(7) The name and address of the employer of the putative father, if any.CommentsClose CommentsPermalink





‘(8) The name of the mother (including any other names by which she may be known).CommentsClose CommentsPermalink





‘(9) The last known address of the mother.CommentsClose CommentsPermalink





‘(10) The date of birth of the mother, if known.CommentsClose CommentsPermalink





‘(11) The Social Security number of the mother, if known.CommentsClose CommentsPermalink





‘(12) The race or ethnicity of the mother, if known.CommentsClose CommentsPermalink





‘(13) The State of issue and driver’s license number of the mother, if known.CommentsClose CommentsPermalink





‘(14) The city and State where possible conception took place.CommentsClose CommentsPermalink





‘(15) The birth date of the child or the approximate delivery date, if known.CommentsClose CommentsPermalink





‘(16) The name and gender of the child, if known.CommentsClose CommentsPermalink





‘(d) Collection of State Information and Transmission to the National Putative Father Registry-CommentsClose CommentsPermalink





‘(1) COLLECTION- The State shall collect the information described in subsection (c) submitted by the putative father and enter such information into the State Putative Father Registry established or modified and maintained under subsection (a).CommentsClose CommentsPermalink





‘(2) TRANSMISSION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than the date that is 3 business days after the date on which any information described in subsection (c) is entered into the State Putative Father Registry, the State shall furnish such information to the Secretary for purposes of including the information in the National Putative Father Registry.CommentsClose CommentsPermalink





‘(B) METHOD OF TRANSMISSION- States shall transmit the information described in subsection (b) in an electronic format designated by the Secretary for purposes of this paragraph.CommentsClose CommentsPermalink





‘(3) REQUIREMENT- The procedures established under paragraph (1) shall include a means by which a putative father is informed that the registry may be used to establish an obligation to support a child or children. Registration shall not constitute an admission of guilt to any crime under Federal or State law.CommentsClose CommentsPermalink





‘(e) Establishment of Registration Centers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The State shall establish centers in various locations throughout the State so that registration forms for the State Putative Father Registry are easily accessible to putative fathers.CommentsClose CommentsPermalink





‘(2) SITES- The sites of the centers described in paragraph (1) may include the following:CommentsClose CommentsPermalink





‘(A) State and local hospitals.CommentsClose CommentsPermalink





‘(B) Courthouses in which family courts are located.CommentsClose CommentsPermalink





‘(C) State departments of motor vehicles.CommentsClose CommentsPermalink





‘(D) State welfare agencies.CommentsClose CommentsPermalink





‘(E) State health department offices.CommentsClose CommentsPermalink





‘(F) State vital records offices.CommentsClose CommentsPermalink





‘(G) State probate courts.CommentsClose CommentsPermalink





‘(f) Method of Submitting Registration- The State shall permit a putative father to submit information under this section electronically, in person, or by mail.CommentsClose CommentsPermalink





‘(g) False Filing- Any person who knowingly submits false information to a State Putative Father Registry shall be guilty of the highest class of misdemeanor under State law.CommentsClose CommentsPermalink





‘(h) Accuracy of Data- A putative father is solely responsible for the accuracy of the information contained in his registration. The information contained in the registration is presumed accurate. In the event that a putative father fails to update his profile, the notice described in section 441(a)(8) shall be deemed received by the putative father if sent or delivered to the putative father at the address provided by him under subsection (c).CommentsClose CommentsPermalink





‘(i) Privacy Safeguards- The State shall establish procedures to ensure that the information maintained in the State Putative Father Registry is subject to the privacy safeguards established under section 454(26).CommentsClose CommentsPermalink

‘SEC. 445. ADDITIONAL REQUIREMENTS.

‘(a) State Laws on Pre-Birth Abandonment and Abandonment Subsequent to Birth- Each State that desires to receive a grant under section 442 shall provide assurances to the Secretary that the State has in effect or will enact a State law that--CommentsClose CommentsPermalink





‘(1) defines what constitutes pre-birth abandonment and abandonment subsequent to birth; andCommentsClose CommentsPermalink





‘(2) allows for implied consent to the child’s adoption in the case of pre-birth abandonment or abandonment subsequent to birth.CommentsClose CommentsPermalink





‘(b) State Media Educational Campaign- Each State that desires to receive a grant under section 442 shall provide assurances to the Secretary that the State shall regularly and frequently publicize, through advertising campaigns, educational literature, and public service announcements--CommentsClose CommentsPermalink





‘(1) the availability of putative father establishment services; andCommentsClose CommentsPermalink





‘(2) that putative fathers should register with the State Putative Father Registry.CommentsClose CommentsPermalink





‘(c) Revocation of Adoptions- Each State that desires to receive a grant under section 442 shall provide assurances to the Secretary that the State has in effect or will enact State laws that--CommentsClose CommentsPermalink





‘(1) set finite time limits in which an adoption can be attacked on grounds of procedural irregularities, fraud, or duress; andCommentsClose CommentsPermalink





‘(2) establish a period of time after which the revocation of an adoption would be presumed not to be in the best interest of the child.’.CommentsClose CommentsPermalink