,i #aacth ,,congress #ast ,session ,h4 ,r4 #cedi ,,in ,,the ,,house ,,of ,,representatives ,november #bj1 #bjac ,mrs4 ,hartzler 7for herself and ,ms4 ,kuster7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to promote permanent families for children1 privacy and safety for unwed mothers1 responsible fatherhood1 and security for adoptive parents by establishing a ,national ,responsible ,father ,registry and encouraging ,states to enter into agreements to contribute the information contained in the ,state's ,responsible ,father ,registry to the ,national ,responsible ,father ,registry1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,adoption ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress makes the following findings3 7#a7 ,responsible father registries1 also known as possible father registries or putative father registries1 exist in as many as #cd ,states4 7#b7 ,the ,supreme ,court of the ,united ,states in ,lehr v4 ,robertson 7#dfc ,u4,s4 #bdh7 7#aihc71 found responsible father registries to be constitutional4 7#c7 ,responsible father registries help to speed up the stable placement of children by providing a mechanism to determine whether there are any possible fathers who may have an interest in participating in the placement decisions of the child so that the possible father can timely assert his rights or so that the father's rights can be waived1 surrendered1 or terminated and the child made available for adoption or placement4 7#d7 ,responsible father registries protect the privacy and safety of unwed mothers by removing the burden from the mother to provide information about any possible fathers1 disclosure of which would be an invasion of her privacy and may cause harm to the mother1 particularly in the case of rape or domestic violence4 7#e7 ,responsible father registries serve to protect the rights of men who wish to be involved in the placement decisions of a child they believe they may have fathered by creating a mechanism for such men to undertake responsibility and to protect their rights without having to rely upon others to protect their rights1 and to indicate their desire to be notified in a timely manner of certain legal proceedings related to the child1 including proceedings related to termination of rights1 adoption1 and the placement of the child into ,state custody4 7#f7 ,responsible father registries protect the privacy of possible fathers by providing a mechanism for men to submit identifying information to a database with restricted access4 7#g7 ,responsible father registries protect the interests of adoptive parents and increase the security of adoptions by reducing the risk that possible fathers cannot be located in a timely manner4 ,one of the biggest risks to the finalization of an adoption is the inability of the parties to an adoption proceeding to timely locate the possible fathers4 ,when possible fathers are not provided with timely notice of an adoption proceeding related to a child they may have fathered and discover such proceeding later1 the adoption proceeding often is delayed or disrupted4 ,in addition to causing emotional stress and significant costs associated with this problem1 such cases1 particularly when they attract media attention1 create a chilling effect on adoption in that prospective adoptive parents may decide not to pursue the option of adoption for fear that they will be involved in such a case4 7#h7 ,interstate travel of mothers and the filing of legal actions relating to a child in a ,state other than the ,state in which a possible father may have registered may circumvent and eliminate the protections such unwed mothers and possible fathers are provided by the individual ,state ,responsible ,father ,registries1 because there are no agreements or mechanisms between the ,states to identify or to provide notice to possible fathers who have registered in another ,state4 7#i7 ,the inability of ,states to coordinate and cross-check their responsible father registries may jeopardize or delay the placement of the child in a permanent home and undermines the benefits to unwed mothers1 protections intended for registered possible fathers1 and security for adoptive parents that ,state registries are intended to afford4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to provide for a national database that would accept possible father registrations from participating ,state ,responsible ,father ,registries and directly from possible fathers1 and would transmit the results of specific searches of such registrations to authorized parties involved in any ,state's proceedings1 whether the ,state participates in the national registry or not1 for adoption1 the placement of a child in ,state custody1 or the termination of a father's rights2 7#b7 to enable children to find a permanent home more quickly by providing identifying information on possible fathers thereby enabling the fathers' rights to be addressed in a more timely manner2 7#c7 to remove the burden from the mother of having to identify potential fathers1 to protect her privacy and safety1 especially in cases of rape or domestic violence2 7#d7 to empower men to take responsibility for the protection of their rights by enabling them to register in a participating ,state or directly with the national registry1 increasing the likelihood of men receiving notice of a proceeding in another ,state and reducing the opportunity for the mother to deprive a possible father of the ability to assert his rights by withholding accurate information concerning the possible father1 by moving1 or by traveling to another ,state2 and 7#e7 to reduce the risk to prospective adoptive parents of delayed or disrupted placements resulting from challenges to adoptions due to a possible father's untimely receipt of notice of such proceedings4 #c4 ,registries to facilitate adoptions ,part ,b of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fbj et seq47 is amended by adding at the end the following3 #d ,national and ,state ,responsible ,father ,registries to facilitate adoptions #dde4 ,definitions ,in this subpart3 7#a7 ,business day ,the term business day means a day on which ,federal or ,state offices1 as applicable1 are open for regular business4 7#b7 ,eligible party ,the term eligible party means-- 7,a7 public and licensed private adoption or child placement agencies gathering information for a planned or pending adoption or the termination of rights of one or more possible fathers2 7,b7 licensed attorneys representing a party in a planned or pending adoption or in the termination of rights of one or more possible fathers2 7,c7 ,state agencies or entities responsible for the placement of children2 and 7,d7 ,state courts4 7#c7 ,national ,responsible ,father ,registry ,the term ,national ,responsible ,father ,registry means the registry established and maintained under section #dde;,a4 7#d7 ,notice ,the term notice means notice to all possible fathers of a proceeding sufficient to satisfy the notice requirements of the law of the ,state in which the proceeding is pending4 7#e7 ,pending adoption ,the term pending adoption means any adoption in which an adoption petition has been filed and is still pending with a court pursuant to ,state law4 7#f7 ,planned adoption ,the term planned adoption means any plan for the adoption of a child or children in which the birth mother has contacted an attorney or a public or licensed private adoption agency about placing her child for adoption1 or in which a public or licensed private adoption agency is working to place a child for adoption4 7#g7 ,proceeding ,the term proceeding means a proceeding relating to a child that a possible father has or may have fathered regarding a planned or pending adoption of the child1 the entry of the child into ,state custody1 or the termination of a possible father's rights to the child4 7#h7 ,possible father ,the term possible father or 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 relations4 7#i7 ,search ,the term search means a request for information regarding the existence of all possible fathers related to a child that is the subject of a proceeding4 7#aj7 ,state ,responsible ,father ,registry ,the term ,state ,responsible ,father ,registry means1 with respect to a ,state1 the registry established or modified and maintained under section #dde;,c for that ,state4 7#aa7 ,participating ,state ,the term participating ,state means a ,state that has entered into an agreement with the ,secretary under section #dde;,b4 #dde;,a4 ,national ,responsible ,father ,registry 7a7 ,establishment and maintenance 7#a7 ,in general ,not later than the date that is #ahj days after the date of enactment of this subpart1 the ,secretary shall establish and maintain an automated ,national ,responsible ,father ,registry that contains the information described in section #dde;,c7c7 and that provides a mechanism for men to register such information directly with the ,national ,responsible ,father ,registry4 7#b7 ,data entry and deletion requirements 7,a7 ,data entry ,information transmitted by a ,state or a possible father under section #dde;,c7d77#b7 shall be entered into the ,national ,responsible ,father ,registry not later than the date that is #b business days after the date on which such information is received4 7,b7 ,responsible father registration ,the ,secretary shall establish procedures under which a possible father may submit the information described in section #dde;,c7c7 directly to the ,secretary for the purpose of including such information in the ,national ,responsible ,father ,registry4 ,such procedures shall-- 7i7 require the possible father to verify by submission of a sworn statement or such other means as the ,secretary determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge2 7ii7 provide that no fee shall be charged to the possible father for registering in the ,national ,responsible ,father ,registry2 and 7iii7 allow possible fathers to submit registrations by mail or electronic means4 7,c7 ,application of ,federal penalties for submission of false information ,any person who knowingly submits false information to the ,national ,responsible ,father ,registry directly or indirectly through transmission of information submitted to a ,state ,responsible ,father ,registry shall be subject to penalties in accordance with the provisions of section #ajja of title #ah1 ,united ,states ,code4 7,d7 ,deletion of data ,information entered into the ,national ,responsible ,father ,registry shall remain in the registry for not less than #bj years from the date of entry4 7#c7 ,access to information in the ,national ,responsible ,father ,registry 7,a7 ,in general ,subject to subparagraph 7,b71 access to the information contained in the ,national ,responsible ,father ,registry is limited to an eligible party4 7,b7 ,limited access for registrants ,each possible father who registers in the ,national ,responsible ,father ,registry may file a search request with the ,secretary for the limited purpose of confirming that the information he provided is contained in the ,national ,registry4 7#d7 ,search requests 7,a7 ,by an eligible party ,the ,secretary shall accept a request from an eligible party to search the ,national ,responsible ,father ,registry only if the request has been verified for authenticity4 7,b7 ,by a registrant ,the ,secretary shall accept a request from a possible father who has registered in the ,national ,responsible ,father ,registry to search the ,national ,responsible ,father ,registry only if the request has been verified for authenticity4 7,c7 ,fee ,the ,secretary is authorized to charge a reasonable fee for a search conducted under this section4 7#e7 ,limitation on disclosure of information ,no information contained in the ,national ,responsible ,father ,registry shall be disclosed to any person if the disclosure of the information would contravene a national security interest of the ,united ,states or if the disclosure would compromise the confidentiality of census data4 7#f7 ,methods for requesting a search of the national database ,an eligible party may request a search under this section either electronically or through the mail4 7#g7 ,certificate of search 7,a7 ,issuance ,within #b business days of receipt of a search request1 the ,secretary shall issue by mail or electronic means a certificate of search to the person who requested the search4 7,b7 ,contents of eligible party search ,the certificate of search on behalf of an eligible party shall contain-- 7i7 the names and most recent contact information for all possible fathers who are registered in the ,national ,responsible ,father ,registry or registered in any participating ,state ,responsible ,father ,registry2 7ii7 the latest date through which data in the ,national ,responsible ,father ,registry has been updated2 and 7iii7 the list of the ,state ,responsible ,father ,registries whose data is included in the search database and the date through which the data from each participating ,state was last updated4 7,c7 ,contents of registrant search ,the certificate of search on behalf of a possible father who has registered in the ,national ,responsible ,father ,registry shall only contain the information provided to the ,secretary by the registrant himself or provided by the registrant to a participating ,state registry and transmitted by that ,state registry to the ,secretary4 7,d7 ,effect of certificate ,a certificate of search issued under subparagraph 7,b7 shall serve as evidence of efforts by the eligible party who requested the search to locate a possible father in order to provide those possible fathers identified in the certificate with notice of a proceeding4 7b7 ,national educational campaign ,the ,secretary shall establish a nationwide responsible fatherhood and responsible father registry educational campaign that is designed to inform possible fathers1 unwed mothers1 possible adoptive parents1 and eligible parties of the existence of the ,national ,responsible ,father ,registry1 the advantages of possible fathers registering either in the ,national ,responsible ,father ,registry or a ,state ,responsible ,father ,registry1 or both1 the rights and responsibilities of possible fathers1 unwed mothers1 possible adoptive parents1 and eligible parties with regard to a proceeding1 and the role of the ,national ,responsible ,father ,registry and a ,state ,responsible ,father ,registry in a proceeding4 #dde;,b4 ,agreements with ,states to promote responsible fatherhood 7a7 ,in general ,the ,secretary shall use all reasonable efforts to encourage ,states to enter into an agreement with the ,secretary to become a participating ,state under this subpart4 ,such agreements shall-- 7#a7 require that the ,state comply with the requirements for ,state ,responsible ,father ,registries under section #dde;,c2 7#b7 require that the ,state provide for a process under which a registered possible father will receive notice of a proceeding at the most recent address he provided to the registry1 within ,state determined guidelines and time limits2 7#c7 require the ,state to provide annual reviews and reports to the ,secretary on the ,state ,responsible ,father ,registry1 including such information as may be necessary to measure compliance with the requirements under this subpart2 7#d7 require the ,state to1 in accordance with standards prescribed by the ,secretary1 cooperate with other ,states and the ,federal ,government to assist individuals and governments in their efforts to locate and provide notice to possible fathers2 7#e7 encourage the ,state to establish or designate a single organizational unit within the ,state that meets such staffing and organizational requirements as the ,secretary may prescribe to administer the ,state ,responsible ,father ,registry2 7#f7 encourage the ,state to enter into cooperative agreements between the ,state and appropriate entities1 such as those specified in section #dde;,c7e77#b71 to assist the organizational unit established or designated to administer the ,state ,responsible ,father ,registry2 7#g7 encourage the ,state to amend its long-arm jurisdictional statute to ensure that personal jurisdiction is established in a proceeding for a father registered in the ,national ,responsible ,father ,registry2 7#h7 encourage ,states to develop1 establish1 and operate programs that are designed-- 7,a7 to improve the protection of the rights of possible fathers in a proceeding2 7,b7 to assist mothers in making responsible plans for their children's future2 and 7,c7 to protect the privacy and safety of possible fathers and of birth mothers1 including those who have been the victims of violence1 by1 among other things1 enabling birth mothers to proceed with an adoption or placement plan without being required to disclose her sexual partners2 and 7#i7 encourage ,states to enact laws and regulations to address the pre-birth abandonment of a child by the biological father and abandonment of a child by the biological father subsequent to birth4 7b7 ,grants ,to promote responsible fatherhood ,an agreement with a ,state that meets the requirements of subsection 7a7 may include a grant to the ,state as provided for under section #dde;,d4 #dde;,c4 ,state ,responsible ,father ,registries 7a7 ,establishment and maintenance 7#a7 ,in general ,subject to paragraph 7#b71 each ,state that is a participating ,state under this subpart shall provide assurances to the ,secretary that the ,state has1 or will establish1 and will maintain an automated responsible father registry that meets the requirements of this section4 7#b7 ,existing ,state ,responsible ,father ,registries ,a ,state that has a responsible father registry in existence on the date of enactment of this subpart and desires to enter into an agreement with the ,secretary under section #dde;,b shall provide assurances to the ,secretary that the ,state will1 not later than #ahj days from the last day of the first regular session of the ,state legislature that begins after the date of enactment of this subpart1 modify the registry to the extent necessary for the registry to meet the requirements of this section with respect to responsible fathers who register with the ,state on or after that day4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session is considered to be a separate1 regular session of the ,state legislature4 7b7 ,registration with the ,state ,responsible ,father ,registry 7#a7 ,submission of information ,the ,state shall establish procedures under which the possible father of a child may submit the information described in subsection 7c7 to the ,state for the purpose of including the information in the ,state ,responsible ,father ,registry4 ,such procedures shall provide that1 in order for the possible father to be entitled to notice of any proceeding1 the possible father must submit information for inclusion in the ,state ,responsible ,father ,registry within ,state-determined time limits4 7#b7 ,verification ,the procedures established under paragraph 7#a7 shall require the possible father to verify by submission of a sworn statement or such other means as the ,state1 in consultation with the ,secretary1 determines appropriate that the information submitted is his own personal information and that it is true and correct to the best of his knowledge4 7c7 ,contents ,with respect to a child1 the ,state ,responsible ,father ,registry shall contain information sufficient to identify the possible father1 which may include 7but is not limited to7-- 7#a7 the name of the possible father 7including any other names by which he may be known72 7#b7 the date of birth of the possible father2 7#c7 the ,social ,security number of the possible father1 if any2 7#d7 the ,state of issue and driver's license number of the possible father1 if any2 7#e7 the address provided by the possible father at which he requests notice2 7#f7 all known telephone numbers for the possible father2 7#g7 the name and address of the employer of the possible father1 if any2 7#h7 the name of the mother 7including any other names by which she may be known72 7#i7 the most recent address of the mother1 if known2 7#aj7 the date of birth of the mother1 if known2 7#aa7 the ,social ,security number of the mother1 if known2 7#ab7 the ,state of issue and driver's license number of the mother1 if known2 7#ac7 the city and ,state where possible conception took place2 7#ad7 the date or estimated date 7or range of dates7 of possible conception2 7#ae7 the birth date of the child or the approximate delivery date1 if known2 and 7#af7 the name and gender of the child1 if known4 7d7 ,collection of ,state information and transmission to the ,national ,responsible ,father ,registry 7#a7 ,collection ,the ,state shall collect the information described in subsection 7c7 submitted by the possible father and enter such information into the ,state ,responsible ,father ,registry4 7#b7 ,transmission ,not later than the date that is #c business days after the date on which any information described in subsection 7c7 is entered into the ,state ,responsible ,father ,registry1 the ,state shall furnish such information to the ,secretary1 in an electronic format designated by the ,secretary1 for purposes of including the information in the ,national ,responsible ,father ,registry4 7#c7 ,requirement ,the procedures established under subsection 7b77#a7 shall include a means by which a possible father is informed that the registry may be used to establish an obligation to support a child or children4 ,except as provided in subsection 7g71 registration shall not constitute an admission of guilt to any crime under ,federal or ,state law4 7e7 ,establishment of ,registration ,centers 7#a7 ,in general ,the ,state shall establish centers in various locations throughout the ,state so that registration forms for the ,state ,responsible ,father ,registry are easily accessible to possible fathers4 7#b7 ,sites ,the sites of the centers described in paragraph 7#a7 may include 7but are not limited to7 the following3 7,a7 ,state and local hospitals4 7,b7 ,courthouses in which family courts are located4 7,c7 ,state departments of motor vehicles4 7,d7 ,state welfare agencies4 7,e7 ,state health department offices4 7,f7 ,state vital records offices4 7,g7 ,state probate courts4 7,h7 ,state-operated or -sponsored websites for each center established in accordance with this subsection4 7f7 ,method of submitting registration ,the ,state shall permit a possible father to submit information to the ,state ,responsible ,father ,registry electronically1 in person1 or by mail4 ,the ,state shall not charge a fee for registering in the ,state ,responsible ,father ,registry4 7g7 ,penalties for submission of false information ,a ,state shall have in effect a law that provides that any person who knowingly submits false information to a ,state ,responsible ,father ,registry shall be guilty of the highest class of misdemeanor under ,state law4 7h7 ,accuracy of data ,a possible father is solely responsible for the accuracy of the information contained in his registration and he shall be responsible for updating the information1 if needed to keep it accurate4 ,the information contained in the registration is presumed accurate4 ,notice regarding a proceeding shall be deemed received by the possible father if sent or delivered to him at the most recent address he provided in subsection 7c77#e74 7i7 ,privacy safeguards ,the ,state shall establish procedures to ensure that the information maintained in the ,state ,responsible ,father ,registry is subject to the same privacy safeguards as the privacy safeguards required under section #ded7bf74 #dde;,d4 ,grants to ,states to promote responsible fatherhood 7a7 ,grants to ,states ,the ,secretary may make a grant to a ,state that enters into an agreement with the ,secretary pursuant to section #dde;,b to become a participating ,state for purposes of-- 7#a7 modifying an existing ,state ,responsible ,father ,registry to the extent necessary for the registry to meet the requirements of section #dde;,c2 or 7#b7 establishing a ,state ,responsible ,father ,registry that meets the requirements of section #dde;,c4 7b7 ,condition ,as a condition for receiving a grant under this section1 a ,state shall agree to-- 7#a7 maintain an automated ,state ,responsible ,father ,registry in accordance with the requirements of section #dde;,c2 and 7#b7 support the nationwide responsible fatherhood and responsible father registry educational campaign established under section #dde;,a7b74 7c7 ,amount ,a grant made under this section shall be in such an amount as the ,secretary determines appropriate4 7d7 ,use of funds ,funds received under a grant made under this section may be used to reimburse a participating ,state in whole or in part for costs incurred to modify an existing ,state ,responsible ,father ,registry or to establish a ,state ,responsible ,father ,registry1 and to reimburse the ,state in whole or in part for costs incurred to satisfy the conditions specified in subsection 7b74 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary for fiscal year #bjad and each fiscal year thereafter for purposes of making grants to ,states under this section4 4