type: legislation

jurisdiction: US

text:
 II
 109th CONGRESS
 2d Session
 S. 3803
 IN THE SENATE OF THE UNITED STATES
 August 3, 2006
 Ms. Landrieu introduced
 the following bill; which was read twice and referred to the
 Committee on
 Finance
 A BILL
 To establish national and State putative father
 registries, to make grants to States to promote responsible fatherhood, and for
 other purposes.
 1.Short titleThis Act may be cited as the
 Protecting Rights of Unknowing Dads
 and Fostering Access To Help Encourage Responsibility (Proud Father) Act of
 2006.
 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.DefinitionsIn this subpart:
 (1)Business
 dayThe term business day means a day on which
 Federal and State offices are open for regular business.
 (2)Home
 addressThe 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)NoticeThe
 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)Overnight
 mailThe term overnight mail includes any courier or
 carrier that guarantees delivery by the next business morning.
 (6)Pending
 adoptionThe term pending adoption means any
 adoption in which an adoption petition has been filed with a court pursuant to
 State law.
 (7)Planned
 adoptionThe 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.
 (8)Putative
 fatherThe 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.
 (9)SearchThe
 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.
 (10)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)In
 generalNot later than the date that is 180 days after the date
 of enactment of this Act, the Secretary shall establish and maintain an
 automated National Putative Father Registry that contains the information
 described in section 444(b).
 (2)Data entry and
 deletion requirements
 (A)Data
 entryInformation 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)Deletion of
 dataInformation 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)Search
 requests
 (A)In
 generalThe 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 parental rights.
 (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 title
 IV.
 (iv)State agencies
 or entities responsible for the placement of children.
 (v)State
 courts.
 (C)FeeThe
 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 certified mail.
 (7)Certificate of
 search
 (A)IssuanceWithin
 2 business days of a search request filed under paragraph (4), the Secretary
 shall issue by certified mail a certificate of search to the person who
 requested the search.
 (B)ContentsThe
 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)Effect of
 certificateA certificate issued under this paragraph shall serve
 as rebuttable evidence of efforts to locate a putative father and provide him
 with notice of paternity, of a proceeding to terminate his parental rights, or
 of a proceeding related to a pending or planned adoption of a child he has, or
 may have fathered, or 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 as is specified by State law
 of any of the following:
 (A)A proceeding
 related to a pending or planned adoption of a child he has, or may have,
 fathered.
 (B)A proceeding to
 terminate parental rights to a child.
 (C)A proceeding
 related to the entry of a child he has, or may have, fathered into State
 custody.
 (D)Establishment of
 paternity.
 (9)Certificate of
 registration
 (A)IssuanceWithin
 2 business days of receipt of information transmitted by a State under section
 444(c)(2), the Secretary shall issue by certified mail a certificate of
 registration to the individual registered.
 (B)Effect of
 certificationA certificate issued under this section shall serve
 as rebuttable evidence of a putative father's receipt of notice of paternity,
 of a proceeding to terminate parental rights, or of a proceeding related to a
 planned or pending adoption of a child he has, or may have fathered, or 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
 potential fathers 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 unwed
 mothers of the existence of the National Putative Father Registry and its
 potential role in a pending or planned adoption or a termination of parental
 rights.
 (c)Authorization
 of appropriationsThere are authorized to be appropriated to
 carry out this section, $50,000,000 for fiscal year 2006 and such sums as may
 be necessary for fiscal year 2007 and each fiscal year thereafter.
 442.Grants to
 States to promote responsible fatherhood
 (a)Grants to
 StatesSubject 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 or the termination of a father's rights
 to a biological child;
 (B)to improve the
 laws and regulations involving the prebirth 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)Eligibility
 requirementsThe 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 prebirth
 abandonment and abandonment subsequent to birth under section 445(a);
 (B)a State media
 educational campaign under section 445(b); and
 (C)adoption consent
 laws under section 445(c).
 (c)Authorization
 of appropriationsThere are authorized to be appropriated such
 sums as are necessary for fiscal year 2006 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 toward the establishment of putative father 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 paternity registration forms for mailing by
 putative fathers available 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 paternity, of a proceeding to terminate his parental rights, or
 of a proceeding related to a planned or pending adoption of a child he has, or
 may have fathered, or 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)In
 generalSubject 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 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).
 (2)VerificationThe
 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)ContentsWith
 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 known.
 (5)The home address
 of the putative father.
 (6)The telephone
 number of the putative father.
 (7)The name and
 address of the employer of the putative father.
 (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 child, if known.
 (d)Collection of
 State information and transmission to the National putative father
 Registry
 (1)CollectionThe
 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)Transmission
 (A)In
 generalNot 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)Method of
 transmissionStates shall transmit the information described in
 subsection (b) in an electronic format designated by the Secretary for purposes
 of this paragraph.
 (3)RequirementThe
 procedures established under paragraph (1) shall include a means by which a
 putative father is informed of all of the legal consequences of his
 registration, including that the registry may be used to establish an
 obligation to support a child or children.
 (e)Establishment
 of registration centers
 (1)In
 generalThe 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)SitesThe
 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 the information required under this section electronically, in
 person, or by certified mail.
 (g)False
 filingAny person who knowingly submits false information to a
 State Putative Father Registry shall be guilty of a misdemeanor and upon
 conviction thereof shall be fined not less than $25,000 for each such violation
 and imprisoned for not more than 2 years.
 (h)Accuracy of
 data
 (1)In
 generalUnless otherwise specified, the information provided
 under subsection (c) is presumed to be the most current information
 available.
 (2)Failure to
 update informationIn the event that a putative father fails to
 update his profile, notice sent to the last registered address can be used as
 rebuttable evidence of efforts to locate the putative father and provide him
 with notice described in section 441(a)(8).
 (i)Privacy
 safeguardsThe 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.Additional
 requirements
 (a)State laws on
 prebirth 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 will
 put into effect a State law that defines what constitutes prebirth abandonment
 and 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 will
 regularly and frequently publicize, through advertising campaigns, educational
 literature, and public service announcements—
 (1)the availability
 of putative father establishment services;
 (2)that putative
 fathers should register with the State Putative Father Registry; and
 (3)the availability
 of the State Putative Father Registry to searching birth mothers.
 (c)Consent to
 adoptionEach State that desires to receive a grant under section
 442 shall provide assurances to the Secretary that the adoption laws of the
 State—
 (1)set finite time
 limits in which an adoption can be attacked on grounds of procedural
 irregularities, fraud, or duress;
 (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; and
 (3)allow for implied
 consent in the case of
 abandonment.
 .


type: wikipedia

text:
 Tarluithe
 Breitheanna
 11 Eanáir — Alexander Hamilton, teoiricí polaitiúil agus státaire Meiriceánach
 30 Bealtaine — Henry Addington, Príomh-Aire na Ríochta Aontaithe ó 1801 go 1804
 22 Meitheamh — George Vancouver, loingseoir is taiscéalaí Sasanach
 6 Meán Fómhair – Gilbert du Motier, marquis de La Fayette, saighdiúir agus státaire Francach (b. 1834)
 9 Deireadh Fómhair - Séarlas X na Fraince, rí (b. 1836)
 1 Samhain – Antonio Canova, dealbhóir Iodálach (b. 1822)
 Básanna
 17 Deireadh Fómhair — René Antoine Ferchault de Réaumur, eolaí Francach
 Blianta