1.This Act may be cited as the
Protecting Adoption and Promoting
Responsible Fatherhood Act of 2009
.
2.Establishment of
national and state putative father registries to facilitate
adoptionsPart 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:
3National and
state putative father registries to facilitate adoptions
440.In this subpart:
(1)The term business day means a day on which
Federal and State offices are open for regular business.
(2)The term home address means the most recent
place of residence of an individual.
(3)National
putative father registryThe term National Putative Father
Registry means the registry established and maintained under section
441.
(4)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.
(5)The term pending adoption means any
adoption in which an adoption petition has been filed with a court pursuant to
State law.
(6)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.
(7)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.
(8)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.
(9)State putative
father registryThe term State Putative Father
Registry means, with respect to a State, the registry established or
modified and maintained under section 444 for that State.
441.National
putative father registry
(a)Establishment
and maintenance
(1)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).
(2)Data entry and
deletion requirements
(A)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.
(B)Information entered into the National Putative Father
Registry shall remain in the registry for not less than 20 years from the date
of entry.
(3)Access to
information in the national putative father registryAccess 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.
(4)
(A)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.
(B)Eligible
parties describedThe eligible parties described in this
subparagraph are as follows:
(i)Public and
licensed private adoption or child placement agencies accessing information for
an adoption or termination of rights of a putative father.
(ii)Licensed
attorneys representing a party in a planned or pending adoption or the
termination of rights of a putative father.
(iii)The State
agency responsible for administering the State plan under part D of this
title.
(iv)State agencies
or entities responsible for the placement of children.
(v)State
courts.
(C)The
Secretary is authorized to charge a reasonable fee for a search conducted under
this subsection.
(5)Limitation on
disclosure of informationNo 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.
(6)Methods for
requesting a search of the national databaseA person who is
eligible to request a search under this section may do so either electronically
or through the mail.
(7)
(A)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.
(B)The
certificate of search shall contain—
(i)the names and
most recent contact information for possible putative fathers; and
(ii)the State
Putative Father Registries included in the search.
(C)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.
(8)Notice to
registered putative fathersEach 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:
(A)A proceeding
related to a pending or planned adoption of a child the putative father has, or
may have, fathered.
(B)A proceeding to
terminate the putative father's rights to a child.
(C)A proceeding
related to the entry of a child the putative father has, or may have, fathered
into State custody.
(D)Establishment of
paternity.
(9)Certificate of
registration
(A)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.
(B)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.
(b)National media
educational campaignThe Secretary shall establish a nationwide
responsible fatherhood and putative father registry educational campaign that
is designed—
(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; and
(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.
(c)Authorization
of appropriationsThere are authorized to be appropriated to
carry out this section, such sums as are necessary for fiscal year 2009 and
each fiscal year thereafter
442.Grants to
states to promote responsible fatherhood
(a)Subject to subsection (b), the Secretary shall make grants
to eligible States for the purpose of—
(1)assisting States
in developing, establishing, and operating programs that are designed—
(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;
(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;
(C)to assist mothers
in making responsible plans for their children's future; and
(D)to protect the
privacy and safety of birth mothers and fathers; and
(2)reimbursing
States for any costs incurred in meeting the requirements of this
subpart.
(b)The Secretary may not make a grant to a State under
this section unless the State demonstrates to the Secretary that the State
has—
(1)a State plan in
effect that has been approved by the Secretary under section 443;
(2)established, or
agreed to establish, a State Putative Father Registry under section 444;
and
(3)implemented or
has agreed to implement—
(A)a law on
pre-birth abandonment and abandonment subsequent to birth under section
445(a);
(B)a State media
educational campaign under section 445(b); and
(C)adoption laws
under section 445(c).
(c)Authorization
of appropriationsThere 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.
443.State plan for
promoting responsible fatherhood and permanency for childrenEach 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—
(1)has been approved
by the Secretary;
(2)shall be in
effect in all political subdivisions of the State;
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(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); and
(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.
444.State putative
father registries
(a)Establishment
and maintenance
(1)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.
(2)Existing state
putative father registriesA 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.
(b)Registration
with the state putative father registry
(1)Submission of
informationThe 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.
(2)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.
(c)With
respect to a child, the registry established or modified and maintained under
subsection (a) shall contain the following information:
(1)The name of the
putative father (including any other names by which he may be known).
(2)The date of birth
of the putative father.
(3)The Social
Security number of the putative father.
(4)The State of
issue and driver's license number of the putative father, if any.
(5)The home address
of the putative father.
(6)The telephone
number of the putative father, if any.
(7)The name and
address of the employer of the putative father, if any.
(8)The name of the
mother (including any other names by which she may be known).
(9)The last known
address of the mother.
(10)The date of
birth of the mother, if known.
(11)The Social
Security number of the mother, if known.
(12)The race or
ethnicity of the mother, if known.
(13)The State of
issue and driver's license number of the mother, if known.
(14)The city and
State where possible conception took place.
(15)The birth date
of the child or the approximate delivery date, if known.
(16)The name and
gender of the child, if known.
(d)Collection of
state information and transmission to the national putative father
registry
(1)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).
(2)
(A)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.
(B)States shall transmit the information described in
subsection (b) in an electronic format designated by the Secretary for purposes
of this paragraph.
(3)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.
(e)Establishment
of registration centers
(1)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.
(2)The
sites of the centers described in paragraph (1) may include the
following:
(A)State and local
hospitals.
(B)Courthouses in
which family courts are located.
(C)State departments
of motor vehicles.
(D)State welfare
agencies.
(E)State health
department offices.
(F)State vital
records offices.
(G)State probate
courts.
(f)Method of
submitting registrationThe State shall permit a putative father
to submit information under this section electronically, in person, or by
mail.
(g)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.
(h)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).
(i)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).
445.
(a)State laws on
pre-birth abandonment and abandonment subsequent to birthEach
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—
(1)defines what
constitutes pre-birth abandonment and abandonment subsequent to birth;
and
(2)allows for
implied consent to the child's adoption in the case of pre-birth abandonment or
abandonment subsequent to birth.
(b)State media
educational campaignEach 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—
(1)the availability
of putative father establishment services; and
(2)that putative
fathers should register with the State Putative Father Registry.
(c)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—
(1)set finite time
limits in which an adoption can be attacked on grounds of procedural
irregularities, fraud, or duress; and
(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.
.