PRESIDING OFFICER: (SENATOR DeANGELIS) Senate will please come tc order. Will the Members please be at their desks? Communicatlons from the Seeretary of State.
To Mr. Jim Harry, Secretary of the Senater Room 401 Statehouse, Springfield, Illinois: 62706. Dear Mr. Secretary - Enclosed is a copy of an Executive Proclamatton filed in my office on Friday, July 1st, 1994: issued by the Honorable Jim Edgar, Governor, calling a Special Session of the 88th General Assembly, to begin at the hour bf 1:05 p.m. on Friday, July 1st, 1994, in order to consider House Bi1L 2424. The orig inal Proclamation No . 94-340 ls cn file in my office . Sincerely # George H . Ryan , Secretary of State .
The Senate is now convened in the Thlrd Special Session . Mr. Secretary .
Proclamation 94-340 . (Secretary reads Proclanatlon No. 94-340) Dated July lstr 1994, and signed by Jin Edgar, Gcvernor.
PRESIDING OFFICER : (SENATOR DeANGELIS) As this is the Third Special Session Third Speclal Session - cf the 88th General Assembly, the rules adopted by the 88th General Assembly and its officers and eommittees are in effect for the continuous period of the 88th General Assembly. Three organizational resolutions will be adopted today . These resolutions inform the House that the Senate is ready to conduct business, create a Senate committee of five tc wait upcn the Governor , and create a Senate committee of three to approve the Journals. Resolutions.
l STATE OF ILLINOIS l 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1y 1994 Senate Resolution 1 in the Third Special Session, offered by I Senator Weaver. i (secretary reads SR No. 1) I : PRESIDING OFFICER: (SENATOR DeANGELIS) . Senator Weaver. I SENATOR WEAVER: Thank you, Mr. President. I would move for the suspension of the rules for the inmediate conslderation and adoption of Senate Resolution No. 1... PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Weaver... SENATOR WEAVER: ... (microphone cutoff)...of the Third Special Session. PRESIDING OFFICER: (SENATOR DeAKGELIS) Senator Weaver moves to suspend the rules for the im ediate consideration and adoption of Senate Resolution 1. Those in favor, say Aye. Opposedr say Nay. The Ayes have it. Senator Weaver now moves the adoption of Senate Resolution 1. Those in favor : say Aye. Opposed , say Nay . The Ayes have it.. Senate Resolution is adopted . Further rgsolutions? SECRETARY HARRY : Senate Resolution 2 , offered by Senator Weaver . (Secretary reads SR No. 2) PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver . SENATOR WEAVER : Thank you, Mr. President. I would move for the suspension of the rules for the immediate consideration and adcption of Senate Resolution No . 2, Third Special Session . PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver moves to suspend the rules for the ifnmediate consideration and adoption of Senate Resolution 2. Those in 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THTRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day Culy 1: 1994 favor, say Aye. Opposed, say Nay. The Ayes have it. The rules are suspended. Senator Weaver now moves the adoption of Senate I Resolution 2. Those in favor, say Aye. Opposed, say Nay. The i I Ayes have it. Senate Resolution is adopted . Further resolutions? . SECRETARY HARRY: . senate Resolution 3, Third Speclal Sessiony offered by Senator ! Weaver. (Secretary reads SR No. 3) 1 I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Weaver. SENATOR WEAVER : Thank you r Mr. President . I would move for the suspenslon of the rules for the immediate consideratlon and adoption of Senate Resolution No. 3: Third Special Sesston. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver moves to suspend the rules for the immedlate ccnsideratlon and adoption of Senate Resolution 3. Those in favor r say Aye . Opposed , say Nay . The Ayes have it . The rules are suspended . Senator Weaver now moves the adoption of Senate Resolution 3 . Those in favor# say Aye . Opposed , say Nay . The Ayes have it. Senate Resolution is adopted. Further resolutions? SECRETARY HARRY : No further resolutions, Mr . President . , PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Toplnka . SENATOR TOPINKA : Yes. Mr. -- Mr. President , Ladies and Gentlemen of the Senate , there will be a Senate Health Committee meeting at -- at 2:35, in Room 2l2. PRESIDING OFFICER: (SENATOR DeANCELIS) To the Members -- Senator Topinka , why don 't you repeat thae, 'cause I don 't think everybody Was listening . 3 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1, 1994
There Will be a meeting of the Senate Hea1th Committee at 2:35, rouçhly one hour from this noment, in Rocm 212. PRESIDING OFFICER: (SENATOR DeAXGELIS) 2 Thank you, Senator Topinka. Senator Topinka. .
Just to go on, it -- it -- it refers to -- to consider Conference Committee Report No. l to Senate Bill 2424 -- House Bill 2424.
PRESTDTNG OFFTCER: (SENATOR DeANGELIS) Senatar Demuzio.
Well, let ne ask -- let me inquire of the Chalr khen, do we not now then need a new Rules Committee in order to take some ! appropriate action in order for the comnittee to take some action ! at their hearing this afternoon?
PRESIDTNG OFFTCER: (SENATOR DeANGELIS) Senator Demuzio, the bill was assigned yesterday, and the Governor's Order, in fact, specifically points to that bill. Senator Demuzlo.
Well, now that I recall that, that is absolutely correct. Again, it just seems to me it Would speed up the -- the ratlonale here, if wefre informed as What welre doing. Thank you. !
PRESIDING OFFICER: (SENATOR DeANGELIS) Thank you, Senator Demuzio. Senator Woodyard.
Thank youz Mr. Presldent, Members of the Senate. You know, a - - a month and and a half ago, I was on the Floor of the House With some very controversial legislation, and I was somewhat attacked on the manner in which I was dressed. I happened to have had a -- a very checkered sports coat on that I'd gotten from 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1, 1994 l Goodwill: and I thought my wife had made a good choiee. And the person that attacked me was Senator Lapaille. And I Want to tell you, Senator Lapaille, we do have our store open in Chrisnan again, and I wonder if you've been down there buying your sport jacket in my hometown and f didn't know anything about it. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Lapaille. SENATOR LaPAILLE: Thank youy Mr. President. Yesterday you probably didn't see ! ne around too much. I Was in Chrisman, Illinoisr shopping with Senator Woodyard's wifey and I want to -- and we had dinner and SO ... PRESIDINC OFFICER: (SENATOR DeANGELIS) Senator Geo-Karis. SENATOR GEO-KARIS: Mr. -- Mr. President and Ladies and Gentlemen of the Senate, I wonder: Should I offer my services to your Wife or to Senator Woodyard's wife? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Demuzio . SENATOR DEMUZIO : Mr. President, may I inquire as to what the schedule will be for the remainder of the afternoon? PRESIDING OFFICER: (SENATOR DeANGELIS) You ean certainly inquire. The Third Special Session will stand ln recess till the call of the Chair. (THIRD SPECIAL SESSION OF THE SENATE STANDS IN RECESS) (SENATE RECONVENES THIRD SPECIAL SESSION) 5 i STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1, 1994
PRESIDINC OFFICER: (SENATOR DONAHUE) The Third Special Session wll1 came to order. Comnittee Reports.
Senator Topinka, Chair of the Committee on Public Health and Welfare, reports House Bill 2424, the First Conference Committee Report Be Approved for Consideration.
PRESIDINC OFFICER: (SENATOR DONAHUE) Those that are within hearing of my voice, We Will be considering, very shortly, House Bill 2424, the Conference Committee Report. Please proceed to the Senate F'lcor. ... (machine cutcff)...calendar No. 1 has been distributed, and on the Order of Ccnference Conmtittee Repcrts is House Bill 2424. Mr. Secretary r do you have a -- cn f ile a Ccnference Committee Report on House Bl11 24247
First Conference Committee Report on House Bi11 2424. PRESTDING OFFICER; (SENATOR DONAHUE) Chair recognizes Senator Cronin .
Thank you, Madam Presidene and Ladies and Gentlemen of the Senate . May I have a moment, please? Thank you r Madam President. Ladies and Gentlemen of the Senate . Conference Committee Report cn House Bil1 2424 has a nunber of different components in it. First and foremost, I'd like to point out that House Bill 2424, in this Conference Committee Reportê retains Ehe underlying bill, in that we amend the Adoption Act by changing one of the definitions of unfitness ; we def1ne fallure to make reasonable progress toward the return of a child as a failure to complete the service plan within twelve months after adjudication that the child is abused, neglected or dependent . That remains in the eonference com ittee report. Item two that is in the report - and this issue gained 6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislatlve Day July 1, 1994 some attention and was somewhat controversial - we have created a I task force - only a task force. In response to the controversy: ! Wefre Creatin; 8 task fcrce Of fifteen members WhO are to draft a bill, and they are dlrected to look at some of the points that are laid out in the bill -- in this bill -- in this conference i commlktee reportr in their draft. Item number three: We seek to ! clean up the sum and substance of the previous House Bill 2423 that's already on the Governor's desk. It grants foster parents standing, if -- if the ccurt finds that it's in the best interest ! of the child. It also grants foster parents standing and intervenor status if the child: number one, is alleged to have been abused, neglected or dependent; two, lived with the parents for more than a year; and threer is being remcved fron the foster parent's care . Item number four adds in the language from Senate Bill 454 , which was Senator Barkhausen 's bill, that creates a Uniform Interstate Pamily Suppcrt Act. This will permit offtcials from the State of Il1inois ta more easily collect child support . Item number five corrects problems that came to light with respect to House Bill 2696 , which is already on the Governor 's desk . That House Bill 2696 allows disclosure of a minor's name and address if the ninor ls declared delinquent or convicted of certain crines. The language in this bill has been tlghtened up , and there has been a prohibition about disclosing the identity of the minor kn the mlnor's thirteen years old or younger. And finallyr the -- the last component of this conference committee report is -- covers lssues t.haln have come to light ln What has become known as the Baby Richard Case . For purposes of the record here , I '11 tell you what the seven components are dealing with thts issue, and here they are : Nunber one - in this Conference Committee Report we require that the proceedings under the Adoption Act receive priority cver other civil cases. I think tlne Body eould see the wisdom of this ; we want to move these cases along quicker . Number 7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legtslative Day July lr 1994 two - we seek to amend or we amend the Code of Civil Procedure tc reduce from two years to one year any petition for relief from a final order or judgment entered under this Act. Currently you have between thirty days and two years under a moticn to vacate ! ' under 2-14017 now We're mcving it from thirty days to one year. ! l Item number three requires that a1l appeals under the Adoptlon Act 1 be heard on an expedited basis. Item number four - we create a Putative Pather Registry to require putative fathers to register ! within thirty days of the child's birth or be forever barred from asserting any legal rights toward the child. Item number five - if a petition for adoption is vacated, allows the court to promptly eonduct a heartng as to the temporary and permanent custody of the child under the Illinois Marriage and Dissolutlon of Marriage Act. Also there Will be a best interest of the child ! hearing for purposes of custody after a motion to vacate has been granted. And the final item is that this bill has an immediate I effective date, and shall apply to all cases pending on or after ' thls effective date. I'd be happy to answer any questions. The ! only point that I'd like to make at the outsety before I give my closinç remarksr are that I would urge the Members of the Body to make note af the fact that the intent of this bill is to provide some measure of security for adoptive parents in the State of i Illinois. We wculd like to 1ay out a procedure that is predictable, that ls known, and that lf these procedures are , adhered tc and notices are sent, and fathers who wish to assert their rights follow the proper procedures, and if they do so they can secure them, and if they don't, their rights are terminated, and therefore adoptive parents are secure in their relationship ! with their children -- Eheir adopted children. I'd be happy to answer any questions. I i PRESIDING OFFICER: (SENATOR DONAHUE) Ts there any discussion? Any discussion? Senator Topinka. ! 1 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1, 1994
Madam President and Ladies and Gentlemen of the Senate: I stand in support of this bill, and would like to note that we had a -- I think a very thorough hearing on this in the Senate Hea1th Committee this morning. The questions were relevant. I think it Was important to note that the Illinois State Bar Association Was there in -- in supportr as was the Cook County Public Guardian, ' and the Illinois Association of Poster Parents. It's prlbably legislation that is long overdue, and we have tarried really too long. And I suppose if there's any good that comes ouk of the -- the tragic qualities of what's going on in the Baby Richard situation, is that it did provide the impetus to make this move and make this move faster. And I hope we '11 a11 be supportive . I also vould like to note that in the original bill, Senate bill -- or 2424, there were some other areas of interest which are not included in thls bill, but which I have a promlse from the Governor 's Office that they will be considered in the Veto Session. And so that everybody knows what's comlng and that We have not lost track of them, that would include the issue of ' transracial adoptions and also the issue of secured facilities, which is that khich we need to bring those children Who are in DCFS - under their auspices - currently llving and housed out of State at the tune of about seventy thousand dollars a year , brlnging those youngseers home . We would have the same type of facilities as they have in other states. That will be coming up in the Veto Sesslon. I certainly thank the Governor1s Office for their promise , and I only make it a matter of public record f:o make sure thatl you know, promises made - promises kept . Thank you: and please support this bi11.
PRESIDING OFPICER: (SENATOR DONAHUE) Fureher discussion? Senator Jones .
9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Leglslative Day July 1, 1994 Yeah . Thank you, Madam President. A few comments as it relate to the conference committee report and this issue as it relate to Baby Richard. I understand from the previous speaker ! that there was ample testimony on this issue, but I -- I recognize that there ls a problem here, but when you are talking about the . rights of a child and the rights of a parent, We cannot rush to judgment on this issue. When I say rush to judgment, I mean the fact that -- to have the proper input, to have individuals notified, and at least have some input before We rush to a legislative deelsion as -- as relate to a father. In order for one to determine the best interests of a child, you have -- before you even get to that point, you must know Who the father is. And - - and thirty days - the father may not even know he's the father of a child. So to -- to rush with a piece of leglslation just to deal with some sensationalism that has appeared in the newspapery and I know the Governor -- the Governor called a Special Session ! on this bill. But I think lt should have had proper hearings and input before you talk about taklng away the rights of a father. And to do it on -- by legislation in thirty days - even if the individual was the father, he must know that. He may have not even known that the Woman Was pregnant. So for us to assume, by i one case, that this is a fit-all, without proper input, is not acting in the best interests of the child. So what I would suggest that we do: either vote this bill down, have proper hearings, and not -- and let's not play politics with this issue because lt has recelved so much publicity in Ehe press. Because I - - I guarantee you, you will come back later next -- this fall and next year to try to correct the mistake that We are making with thls conferenee committee report. There are provisions in -- in here which I do support. But I am not going to sit up here and vote for something when we do not know exactly what ke are voting On . 1 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July lr 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Further -- further discussion? Senator Geo-Karis.
Madam President and Ladies and Gentlemen of the Senater I have handled adoptions. And to me, When We can stand up and sayr HWe1l, the father should have rightsr'' When the father ignored the ! very woman that he had his fling with, didn't give a darn about finding whether or not she was havin: a child or nokz and then I I tblnk when she was pregnant, I believe in this caser he knek about it, dldn't pay attention - a1l of a sudden now he becomes a real . ! devoted father - I think this is a bunk. When you Want to have a fling, ycu have to figure out there's some consequences. And if you 're not going to be conscientious about it, then you have no I right to assert a pseudo fatherhocd instinct . When you have a child, you adopt a childr and you have that child and love it for I three years, and then the putative father says# ''That was ny kid,'' when he lgnored the mother r and we had no safeguards -- and we did have a safeguard of thirty days here , and it Was in the law, and i ; the Supreme Court chose to ignore it. They chose to ignore the best interests of the child. We have a duty to support the best j interests of the child. The child is helpless, cannot defend itself. And I feel that this bill, which reduces khe -- from two years to one year any petition for relief fram a final order or E judgment in the Adoption Act, is a good bill. The fact that it says that al1 adoption appeals have to be heard on an expedited I i basis is -- is a very good thing. And the fact Ehat 1* has a Putative Father Registry that requires putative fathers to ! register within thirty days of the child's birth or forever be barred from asserting any legal rights tc the child, that's good . It used to be that when there was a child that Was born out of I wedlock, the father of that child had no rights. Then there was a Supreme Court case that changed that. Well, I think the Supreme 11 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1: 1994 i Court case - present one - should be changed again. I am in total suppore of this bill, because you don't know what you're doing ! when you don't support the right of the adopting parents. You are discouraglng adoptions. We want to encourage adoptions. We have had enough people who have children that they've abused.. They probably shouldn't have had thcse children. But we've got to support the best interests and welfare of the child, and the way i to do it is through this bill, and I don't think We should walt I much longer. I think We should pass it today. PRESIDING OFFICER: (SENATOR DONAHUE) l i Further discussion? Senator Welch. SENATOR WELCH : I I had a question of the spcnsor. I PRESIDING OFFICER: (SENATOR DONAHUE) ' Indicates he 'll yield, Senator Welch. !
Senator Croninr based on the facts of that Baby Richard case, I how would this -- hoW would it be changed if this were the law at I E the time? Would you explain that? PRESIDING OFFICER: (SENATOR DONAHUE) 1 Senator Cronin. SENATOR CRONIN: ! Well, 1et me point ou* first of all that the -- the registry is just one of six ways that a father eould assert his rights I under this -- this bill, or this conference committee report. In the case cf Baby Richard, slnee We provide three exceptions to the registry, namely - in the case of a father who wants to assert his right who has not registered - if he has been defrauded, or there has been -- through no fault of his own, he was unawarer then there may be an exception to his failure to register. And in that case, you -- you -- you may have an opportunity for the father tn the Baby Richard case to proceed. Hcwever, in this case, in this 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1 lst Legtslative Day July lr 1994 bill, We Provide that if the fathery through no fault of their ! i own, has been misled or defrauded, subsequently discovers that he is a father and seeks to assert his right, and he has nct registered, he must do so within ten days. He's got to move fast. Andr you know, Senator Welchr that may offend you, or it may offend some Members in the Bodyr but the point here and the Whole point of this leglslation is to draw the line.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.
In the bill, there's an affidavit to be filed by the mother of the child. In that affidavit she can indlcate - it's on, let's see, page 56 of the bill - she can indicate and swear under oath that she -- she knows and is identifying the biologlcal father. Is there any presumption that nctiee was given to the alleged father at that time - the putatlve father? Or does the registry notify that putative fatherr or is lt just the affidavit for the mother is here to bar her from later bein: in colluslon wlth the alleged father and overturning the adoption?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
In order to adopt, you have to certify that you 've had a search done of the registry. So in that sense -- so the notice requirement would be fulfilled if the father has availed himself of the registry.
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Welch.
So -- so currently what you have to do is, you have to publish a notice to the alleged father under the current law; you try to serve a summons cn the alleged father at his last known address 13 STATE OF ILLINOES I 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1, 1994 and folloW that up uith a certified letter; and the third J requirement will be that the adopting parents file an affidavit saying that they searched this registry to determine if that person is listed, lf they couldn't find him otherwise. Is that correct? '
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
That's correet.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.
In the -- ln the Baby Richard case, it Was my understandlng that the Supreme Court basically went araund the idea of the adoption law that we are trylng to enact laws in the best interest I of the child, and basically based their decision on -- on civil procedure as opposed to What was best for the child. Does this bill change that in any fashion? Does it elevate the rights of the child above eivil procedure?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
In the conference committee report, you 'll find language that reiterates our commitment and our intent to hold the best interests of the child paramount.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Shaw.
Thank your Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield, Senator Shaw .
14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July lr 1994 The -- Senator: I'm not totally -- and usually I don't get into these debates with lawyers, because I'm not oney but I do have some experienee in -- ln adoptions, because that's uhat I -- that's what I Was doing before I was elected to this Body. The -- ! in term -- in the case of Baby Richard here, the nother did kncw who the father was. Is that right? In the case of Baby Rlchard?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
Your question ts whether or not she knew the identity of the ' 1 father? And lf thatfs your question, I think the answer is yes. j I think that's what the trial court shows.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw .
And what we are attempting to do here is to -- I don 't know. Are you familiar with how a child is adopted in Illinois - and I'm certain that you are - today, where that you know who both parents are - natural parents? Isn't there usually a consent form signed? And -- and I'm not asking you to prejudge this cr the -- or the juries that have ruled on this. What -- what happened to the consent forms in this case? Would -- would there have been a prcblem like this if they had followed -- I believe the procedure ls that both parents should slgn a consent form if the adoption ls to occur?
PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Cronin.
We still have the law that governs consents and surrender and -- and that procedure, and those must be adhered to. The problem , as you well knowr Senator, is that it's easy to get the consents from the motherr because everyone knows who the mother is. The I 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Lesislative Day July 1, 1994 problem is -- is Eo find out the identity of the fathêrw and to give him notice, and -- and vhen you can 't obtain a consent, then you have to proceed to termlnation of those parental rights. That's the prcblem . . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW: To the -- to the billr and I -- I understand What you dre trying to do, but in this ease, Baby Richard's, it was elear that the lawyer or the -- or the natural mother knew who the father was, knew -- I can assume that -- they knew his -- she knew his whereabouts, but there was no effort to get a consent form from the natural father. So it seems as though, to mer that this is one of the major problems here, and I know that up there in -- up there in Cook County that they have a agency called Supportive Service that adopts kids -- youngsters from all over America, and that's one of the requirenents. In here we dre not addressing that issue. Here we just want to elevate the rights of the youngster and diminish the rights of the natural parents. I don't think that's fair, and not only that, with the notice provision here where you're talking about this registerr you're going to register with DCFS. DCFS notifies some local newspaper. Maybe that person don 't read the newspaperr and -- but he -- or, he has thirty days in which to come in - I believe it's from the date of birth of the child - to come in and file with the register. I'm not eertain of that, but I believe that what We need to do is revisit this issue, take a hard look at itr and -- because in most adoption cases, attorneys are involved. And just as in any other civil prcceedlng - divorce and default divorce - notice should be given to that parent, but not just talk aboue you going -- you have to register w1th some agency, and this is enough to take your rightsr and you can never reopen that case. Because as one of the previous 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1, 1994 speakers said, sometimes you don 't know that you are the father until latery until after the fact, and -- but yet you have terminated the rights and the child is seven years old, and when you found out about you want to ga into court, but you have no standing in the court. I think this is a bad bill. I think it should be revisited. I think we should look at it. don't think we need to act on it today, and if we go forward With it, then it should be defeated.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Trotter.
Thank ycu very much, Madam President. Will the speaker yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Trotter.
Thank you very much. I'm going to try not to be redundant. There's been enough dialogue on here. I just -- lf cculd get a definitlon -- this -- thls nebulous definition we've heard repeatedlyy about ''in the best interests of *he child.'' How do you define what's in the best interests of the child in fact, you don't even know what -- who the cther parent is, and in what they bring to the table and what they have to offer in the best interests of the child? So how do you define, in this case - in this language that you're purportlng here - what's in the best interests of the child?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
I think the best interests of the child is going to have to be defined on a case-by-case basis, and al1 the factors of the particular case are going to have to be weiqhed. I think a major component in measuring what's in the best interests of the child 17 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st LegislatlMe Day July 1, 1994 is goin: to have to be the time faetor - the factor in the case of Baby Richard, whereby this child has llved for three and a half years with these adcptive parents. I think the best interests of the child is going to have to be weighed against the responsibility and the actions of the putative father - a. father khat, as you suggested in the conferenee -- in our committee today, who had a one-night flin: and three years later deeides that he had a child as a result of that - I think that there's no question that the interests of the child far outweigh his interests. Far outweigh it. And so I I'm not concerned about protecting his lnterests in that case.
PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senator Trotter.
Well, the case of that -- that one-night flingy in the case af maybe even some people here - I'm sure some of us might have been mistakes or been a fling amongst our parents - we werentt a1l just planned children. So you cannot just say that that Was a irresponsible acE and he does not shaw any responsibllity beeause that ntghtp in the -- in the throes of passion, he impregnated a Woman and then just moved on. mean, that doesn't nean that he's a irresponsible individual and can't go forward. However, in the language of of this bill, as we have it, you're saying that Ehere must be clear and convincing evidence that thls putative parent did not know that he had impregnated someone, and -- and because of that, by him not being able to prove Within ten days, by virtue of him not having enough money to get a lawyer, not having the -- the benefits of having counsel in the family, it takes him tenr fifteen days before he can find someone that can handle his case, but you 're saying that in ten days he relinquishes al1 rights to prove his clear and convincing case that he's a responsible individual. And believe that's just a 18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 I THIRD SPECIAL SESSION SENATE TRANSCRIPT i I tst Legtstattve Day July lr 1994 i little overreacting versus when most of our cases here in the i State of Illinois are judged on the preponderance of evidence and not on the clear and convincing instance as youlre asking herey which we say is extraordinary evidence. ;
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Barkhausen. ;
Thank you,Madam President and Members. I just Wanted to say ' a brief word, if I could r about the portion of the bill that deals, nat Nith the current headline-grabblng adoption issue getting attention as a result of the Baby Richard case, but in additlon, just to say something about the family support measures that Senator Cronin referred to in his opening remarks. I simply wanted to thank Senator Cronin and Chairman of the Committee, Senator Topinka, and Representative Dart in the House, the staff, the Department of Public Aid and the Governor's Offlce that we've worked with on what was Senate Bill 454 and is now incorporated in this conference commlttee report. Over the years many of us have worked together on trying to improve Illinols' not-so-great record in the area of child support enforcement, and this measure, I think, will go a long Way towards improving our reccrd both in the collection of child support and also in enablinq ex-spouses who are owed what's referred to in Illinois as maintenance, otherwise known as alimony, in -- in those situations - the increasing number of situations - where an ex-spouse who owes support has moved out of Illinois tc another state. Currently the 1aw requires, generally speaking, that a -- that a whole new proceeding has to be started in that new state where the ex-spouse owing support has moved, and this will allow, in most situations, for the court in Illinois that has -- Where the proceedings have been initiated in a divorce case to retaln jurisdiction, in order to enforce support orders or to mcdify support orders in that : 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July lr 1994 other state. By becoming one of the first - perhaps the first state - in the country to adopt this Uniform Interstate Family Support Act, we hope to set an example for our other states to achleve uniformity in this area, and also with the -- at the same time, that we make it easier to collect suppcrt to reduce the pressure on welfare rolls that results When the collection of I support is as inadequate as it has been in the past. So Ehank your Senatar Croninr and the others that have Worked on this conference committee report.
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Trotter, I owe you an apology. I dldn't mean to cut you off. Next time don't take a breath. A11 right? Senator Trotter.
Thank you. I guess the question that I would like to ask of the -- of the sponsor is why are you asking for clear and convinclng evidence, which is extraordlnary evidence, versus the preponderance of evldence ln this case? Seeningly, you 're taking away -- or, you're making it extra difficult for any individual to claim his -- his role in the child 's life. Why -- why did you choose that language?
PRESIDING OPFICER: (SENATOR DONAHUE) Senator Cronln.
The clear and convincing standard is the standard of proof that is used throughout the Adoption Act and throughout related laws. As you know, clear and convincing has not been specifically deflned. It's something greater than a preponderance, but something less than beyond a reasonable doubt. So to represent that it's some overburdened type of standard or unreasonable standard, I don't think is correct. It's a -- it's a subjective standard that is applied cn a case-by-case basis. 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1994
PRESIDING OFFICZR: (SENATOR DONAHUE) Senator Trotter.
Seemingly to the bill: Seemingly, this is putting -- extraordinary pressures and too much respcnslbility on those individuals Who do not have attorneys on retainer. You're saying, in ten days -- you find out you have a child, and ten days you have to go thrcugh some legal maneuver to prove that you have this clear and convincing evidence that youdre a responsible individual, that you actually love this child, and as a stable individual with a family - possibly another family you want to brlng that child to grow up with -- with his oeher siblings. This bill takes that away from -- from this individual who -- who can love his chlld, and probably even more than -- than adoptive parents. But we don't know that, because he's never been given the opportunity to make that klnd of statement. But he dces care. And not to say that -- again, that those adoptive parents and those foster people who are out here that are doing more than a geoman's job insuring that our children are loved and they are embraced, and actually become very responsive citizens -- I think that though they act as surrogates - and that's a very gocd role I think the parent, be it the male or the female, you know, should also have a role in the upbringing of that child, and they shculd be given mcre of an opportunity to prove that they just want to be just the best that they could be for their child. This bill doesndt do that. think there 's still room, and we should allov ourselves more opportuniEy to discuss this issue and not allow this issue to change the present laws as just because there's a case pending, and that individual -- undoubtedly has enough clout that he can call in a Special Session to get legislaticn passed just so he can keep his child. I think this is the wrong way in which we shculd be trying cases here on this -- on this 21 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT I lst Legislatlve Day July lr 1994 I Floor. And I ask that all vote No until We can discuss it further. PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Collins. ! SENATOR COLLINS: ' Question of the sponsorr please. I PRESIDING OFFICER: (SENATOR DONAHUE) I Indieates he'll yield, Senator Collins.
You -- Senator, you indicated that there were sone -- some exceptions by Which the father may seek some relief after not having filed Within the thirty-day period. Could you tell me what page are those in the -- in the conference eommittee so I can look at them a llttle later? But I'm particularly concerned about the one who cannot -- that -- that they can prove that they did not know khat they were a faEher. f think you indicated that. But what about the inabllity to obtain a laWyer or -- or legal advice? Would that be a legitimate exception for the rule?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
I -- I don't think that this assumption that you need to have a lawyer to exert some responsibility is really relevant here. Page 60 of the conference committee report provides the exceptions to *he registry. It says that a father Who fails to register as provided is barred from bringing or maintaining any action to assert his interest, unless he proves by clear and convincing evidence that: number one, it was not possible for him to register Within the period of time. An exanple used in committee was if he was called away to the Persian Gulf War. Number two, his failure to register Was through no fault of his own. The examples given were that he was misled or defrauded. And number three - and all 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1994 of these are -- a1l of them must occur number three, he registers withln ten days after became possible for him to file. A lack of knowledge, however - and I -- I want to stress this for purposes of legislative intent a lack of knokledge alone is not an exception to failure to reglster. Lack of knowledge alone does not give him an opportunity to assert his rights.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
Senator, I think that is probably -- I know it That's my greatest problem with this bill, and I'm glad you said that, because there are just so many people out there uho really don't know. And I know cases after case where this happens. Where the where the girl refuses to tell the father, or the father -- or parents -- the parent of the girl refuses to support or help to suppcrt her, or for whatever reason, if they kncw Who the father is. There are other reasons, like being afraid that if she tells who the father - and that's true - if she knoWs the father, she won't be able to get public assistance and public aid. Al1 of the laws -- there are laws and they are legitimate reasons Why these many tlmes these girls refuse to tell their fathers -- the father of the child that they are the father. And -- and so if the father finds out - and guess what concerned about? in -- within a reasonable time frame that they know about lt: after they know, that you can prove -- hoW Would you prover for example, it was ten days? know -- I have now found out and itds been ten days since I got the news that -- that -- that the person is the father -- that the man is the father. How would you prove that?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. SENATOR CRONIN; 23 1 STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1, 1994 In response, Senator Collins, first of all, if the mother refuses to tell the fatherr then you have a case of fraud eherer and therefore, that would fall within one of the exceptions. Secondly, you talked about What constitutes a reasonable time frame. You 're talkëng about ten months here, Senator Collins. Ten months from the time that the father had a relatlonship With the mother to thirty days after the child is born. Nowr if that j i doesn't give the father adequate time to be involved, to -- to : assert his responslbility, to take an interest, to become aware, then -- then I'm sorry, we have to draw the line somewhere. i PRESIDING OFFICER: (SENATOR DONAHUE) . Senator Collins.
So that year starts at -- at the time of conception? Are you I ! saying ehat that's when it starts? PRESIDING OFFICER: : Senator Cronin.
He can file anytime he wishes. He can file anytime. It could be the - - the followlng day after he 's had a relationship if he ! kants to protect his rights. In the case of Donne Trotter - the gentleman that had the one-night flin: - if -- lf your intent is ! to protect the father Who has the one-night fling, if you're i concerned about protectlng his rights as a fathery then -- then a11 he need do is march on down to DCFS and fill out the form . ' Thatds a1l he has ko do, and he has ten months to do it.
PRESTDING OFPICER: (SENATOR DONAHUE) Senator Collins. I
Yes. Senator, I -- I guess, and let ne just comment to the -- to the issue, because I think probably more so than anyone in -- in this Chamber, I am keenly and painfully aware of the need to -- 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1, 1994 ! to relax adopticn rules in the State, and that there are -- the fact that there are thousands of kids out there who are sufferin: and who could, in fact, have decenty lovingr caring homes, if we would, in fact, 1ax some of the rules. But I'm really afrald that this whole issue here has been caught up into the emotions of -- of the more recent court case. And -- and what is happening here: we are beginning to look -- I mean, to look at this thing from a political prospective. But let me tell ycu something: For me -- probably the best vote for me on this issue - because I have I i received a lot of ealls, the fact that I am a statewide candidate - the best vote for ne politically would be to vote Yes. Well, I let me tell you something: I didn't get to where I am today by doing sonething because it was politically correct, but something because I -- but morally and legally wrong. And this -- the whole issue -- and I won't go through a11 of them - you know as I know ! there are serious problems here about due process and there's also - - whtch you acknokledged. The fact that a lack of kncwledge of the child is -- is no grounds in and of itself by khich you could exert your rights for -- for -- for paternity of thts child later on -- for guardianship of this child later on, is incorrect. That to me is morally and legally wrong, and for that reasony I'm goins to vote No -- Present on this bill, because I believe in the baslc concept. What I think we have to doy instead of getting caught up into the emotions and the politics, is to wait and really take a lock at and try and strengthen this bill and do the correct thing. That's what I think the objection here. I don't think any of the people who are objecting to this bill today are saying that it's something that We don't need to do. I don't think kelre going to fix that case by this bill. And what we ought to do, We most certainly cught to think about the rights of the child here. Does a child have a right to know his or her legal father? Is it wrong to khe child for a mother to deny that child that right? And is 25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legtslative Day July 1, 1994 it right for ehe State of Illinois to allow the person who w1l1 benefit from the adoption -- put the burden of proof on them to go out and actually find, or to make efforts to find, the leîal parent or the legal father of this child? And thaty to mer is a violation of the child's right. Or at least leaves room violate that right. And so We need to think very careful about that Section of the bill, and hoW we can tighten it up to be responsible and fair to the child, to the -- to the -- to the legal parent, and to the adoptive parent in this case. And for that reasonr I'm going to vote Present.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Palmer.
Thank you, Madam President. A questlon of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yleld, Senator Palmer.
Senator Croninr think there is a great deal in this bill that is admirable. I'm concerned about the registry, and I have a few questions abcut that. As understand there is no obllgation on the part of any agencyr department or Whatever to searcb for the putative father; this is just an announcement. Would you go into that a little further?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
The registry is not the cnly form of notice. As Was pointed out in question and answer with Senator Welche there still is the exhaustive notiftcation process, which is within our practical ability to make notification. So it's not the only mechanism for notice.
PRESIDING OFFICER: (SENATOR DONAHUE) 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBL? THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1r 1994 ! Senator Palmer.
Yes. I do understand that, and I did hear you describe the others, but lt sounded to me almost in the same vein as we would ! publish an announcement .or notify a homeowner that taxes are going up. It seemed to have the same list of -- of possibilities. What would be the relationship -- on page 57 you have some of the -- on the affidavit where the mother can choose not to identify or name the biological father, and then on line 12, number (9), that the mother can noW -- having refused to identify and so forth, is ' . j barred from attacking the proceedings for the adoptlon and so forth. Now, would you go into that in a little more detail? The i i mother now refuses to name the father, fcr whatever reason. It I : seems to me that that's -- the father is almost being treated in this matter as a nuisance and someone who is to come lately into this processy where others seem to have standing that is far more soundy and I'm concerned about that.
PRESIDTNG OFFTCER: (SENATOR DONAHUE) Senator Cronin.
Senator Collins -- or, Senator Palmer, this provision that youfve pointed aut applies in that this kind of bolskers and informs and discloses exactly what's happening for the mother. As you well know, through the -- the surrender and consents process of an adoptlon, the mother already has affected what's contemplated in this affidavit. The mother has already given up her rights; her parental rights are already terminated. In some sense, as Senator Hawkinson pointed out in committee, this is redundant. So, With respect to the lines 12 thrcugh l6r I think that we 're really trying to fully inform the mother and disclose exactly What the nature of her decision is.
PRESIDING OFFICER: (SENATOR DONAHUE) 27 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1: 1994 Senator Palmer. : I 'SENATOR PALMER: j Thank you fcr that. To the bill: As T said, I certainly l think there is much that is meritorious in this bill, but When I lcok at it, I do have some pause, because it looks .as if the mother -- and certainly biologically we can certainly know who the mother 1s, and she can have the wherewithal and the -- everything here to be able to make a decision. But in your own words, and in -- in the bill itself, there is really not too much effort cn the part of anyone to find out who the father is. The father must just -- if one knows his address or Whateverr will then be notifiedy and he has a time limit during which he can say, ''I'm the father.'' I think that needs a 1ot more thought. It seems to ne that the father is left out of the process, and it's interesting that thisy in my mind, flies in the face of other movements that are going on to identify fathers and to make then responsible. So I do bave some concern about that part of it. PRESIDING OFPICER: (SENATOR DONAHUE) Further dtscussion? Senator Stern. SENATOR STERN: 1, like my colleagues, Ladies and Gentlemen, am a little bit concerned about the -- the timing of this rather emotional pieee of legislation, and the rather fast track that it's been put upon. Houever, I think by and large that it is good legislation, and legislation that I can support, partly because I support strongly the empowernent of foster parents that appears in this b1l1 that has not been discussed much. I'm a foster parent myself, or used to be many years ago, and believe strongly that foster parents do Gcd 's work in the raising of children. I also approve, as Senator Barkhausen pointed out, of bringing us into the national network for child support. I think thatds also excellent legislation. Let's talk a little about Baby Richard. This situation certalnly 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THTRD SPECIAL SESSION SENATE TRANSCRIPT lst Legtslative Day July 1994 is unique. This is not a father who ignored the mother, or who absconded and did not do his part. think some of the concern here is that very few of the fathers we are talking about who might conceivably if you 'll pardon the use of the word - become involved in trying to interfere With a -- an almcst completed or perhaps completed adoptionr very few of them Would have the kind of involvement that this father has had and wish to have. think by and large we can say that only one in a hundred thousand about-to-become fathers in this situation, withcut a relationship to the mother, are going to care about trying to reclaim that infant. It is for that one that I suppose We must be cancerned here. On the other hand, I think that the -- the effort to interfere a working adoption must require a very high level of proof that this is a good thing to do on -- for the child involvedr and I suspect in nost cases that ls not going to be possible. have to believe that thls is much better legislation than is bad legislation. would call attentionr think, to the sponscr's suggestion that the putatlve father could run over to the Department of DCFS and file his name on the roster the morninq after he has had his adventure, is a little hilarious. However, I think the legislation is good, substantive and timely, and I think I would support an Aye vote. PRESIDING OFFTCERJ (SENATOR DONAHUE) Further discussion? Senator smith.
Thank you, Madam Chairman. IId like to address the sponsor. I -- would like to call to your attention on page 56 of the bill, at the bottom. don't want to appear redundant. My colleague, Mrs. Palmer -- Senator Palmerz brought up this same thing, but mine is just a litkle different. says that am unwilling to -- this is on the Affidavit of Identification, at the bottom of the page, and this is to the young lady who is the 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECTAL SESSION ' 1 SENATE TRANSCRIPT ! lst Legislative Day July 1r 1994 mother - that if I am unwilling to identify the biological father, I I do nct Wish to name the biological father of the child for the following reasons, et cetera. That alone should tell the persons who are in the adoption buildlng - - business or either the head of i 2 the foster parent, that a mother that's going tc give her baby up r that -- needs time to investigate this, because sometimes these young girls -- they dcn't care. They don't -- they'll take your money. They will get rid of the baby and get in business with another, and there the boy is. I$m thinking in terms of the young man who may not know that he is a father, and that if he did know ity she wculd not identify him, and then down the line he would find out about it and cf courser he's crushed, and Would be possibly very happy to father that child. So I'm saying there -- right there needs to be emphasized; that if such an affidavit is filled out by a young lady, saying she don't want to identify who the father is, that there should be investigation and -- and Wait up a little while of gcing for an adoption. I think it's very important, because a lot of our young girls they don't think very thoroughr and puts the young man in a bad Way. And young men have a hard way to go as it is. Very difficult. A Woman is always favored, but a ycung man is always -- he has a hard Way to go. Sc I1m saying -- bring this to light to you, in your legislation -- you have nice leçislation. It's good leglslation; it is. I'n not... But after all, you have to think about our young men who cannot come into these Chambers and speak for themselves. They can't go inko the court sometime, and no one Wl1l listen to them. And so we have to sort of listen out for them and speak in their behalfr too. Because there are some good young men in our society today that are walklng the streets.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Hawkinson.
30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legtslative Day July 1, 1994 Thank you, Madam President. I rise in strong suppcrt of Conference Committee Report to House Bill 2424. The bill does a number of things other than the one that welve been spending the nost time onr and one that hasn't received a lot of mention but that is extremely important is -- is legislation championed earlier by Senatcr Jones and supported by a11 of us in favor of the rights of foster parents, and gives foster parents a couple of things, but mcst importantly, When foster parents have had a child for a yearr it gives them the right to intervene in court proceedings when that child is to be displaced. It also sets up a task force tc develcp a foster parents' bill of rights, which is extremely lmportant to foster parents around the State of Tllinois. ïcu know, glven the current state of the case 1aw and the 1aw in Illinois, adaptive parents are afraid today. What has happened in the case that has had this publlcity has caused adoptive parents who have had chlldren in their families for years to be concerned that they mlght lose them - that their family could be disrupted. We have got to bring some certainty to the 1aw so that adoption can continue, because we al1 know that adoption is a beautiful thing, and that we need to encourage adoption in thks State and encourage the growth of -- of families, and not set up some sort of a legal roadblock which has adoptive parents and prospective adoptive parents fearing that if they go through adoption, they might someday suffer the heartbreak of seeing that chlld ripped from thelr family. So it's important to bring some certainty to the lau. This bill attempts to draw a balance. It actually adds to the opportunities for putative fathers to assert their interest in the child. It gives those fathers more access to those children than the current state of the law. By setting up this registryr it gives them one more chance to express their interest in this child or this child-to-be. Right now they have fewer options to do that. So 31 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1, 1994 this adds to the rights and the opportunities that fathers and prospectlve fathers have to express an interest ln that child or that chlld-to-be. It doesn't take away fron it; it adds to it. But the other thing that it does is it attempts to bring some certainty to the system and give some confldence to adcptlve parents. And attempts to do that in the way as described by Senator Cronin, and earlier in the House by Representative Dart. It attempts to streamline and expedite the cases so that you don't have the cases dragging out for three to three and a half years, which only increases the heartache and the heartbreak these cases. It attempts to expedite the process and move these cases to the head of the liner as it were. It alsc reduces the period of appeal fron two years to one. is a strong bill. However, for purposes of legkslative intent, need to engage kn -- a bit of dialogue with the -- with the sponscr of the bill, Senator Cronin, on a couple of matters. First of al1 and it's been alluded to on page 60 of the conference committee report are some ways in which a putative father can continue to exercise his rights and his interest in the child: even when he has missed the deadline for registry, and it sets up the Way that he can prove this - Where it wasn't possible to register, Where the failure to register was through no fault of his own, and he registered within the ten-day perlod after it became possible. Then, however, there is a -- a sentence which says that a lack of knowtedge of the pregnancy or birth is not an acceptable reason for failure tc reçister, and for purposes of legislative intent -- and We discussed this with the Deputy Public Guardian and With the Chicago Bar Association Representative Committeer and -- and were told that that ls not meant to be a bar to the father's right to come in and prove the conditions under subsections 2 and 3. Rather, as Senator Cronin said earlier debate, where there ls a lack of knowledger that alone is not sufficient to establlsh the 32 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1, 1994 evidence by clear and convinclng evidence. However, lf the father had this lack of knowledge and it was through no fault of his oWn - he'd been defrauded or misled, or it was not possible for him to have this knowledge because he Was off in Desert Stcrmr as Senator I Trotter has suggested, or other reasons .- that the lack of ; knowledge can still be a reason to come in under subsections 1y 2 and 3. Is that correct, Senator Cronln? P i RESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. END OF TAPE TAPE 2
That's correct.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson. SENATOR HAWKINSON: I The -- the second point that I think we need -- we need some clarification on is in regard to the affidavit itselfy as has been ; mentioned here; that in the affidavit, there -- there -- there is a section which says -- and that is on page 57. The affidavit is on 56 and 57# but on 57: subparagraph 9, indicatin: that if the mother is unwilling, refuses to identify or nisidentifies the ! biclogical father of the child, absent fraud or duress, it says that she is permanently barred from attacking the proceedings for l the adoption at any time after she signs this document. The point I made in committee, and -- and would reiterate here, is that when I a proper consent Or a proper surrender to an agency is signed by a 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1, 1994 biological mother, absent fraud or duress, that the mother's rights are barred by the signing of the consent or the signing of the surrender, and it is not any additional requirement for her tc be barred, that she somehow misled people in this affidavit; that the signing of a -- a valid consent or .a valid surrender alone bars the mother from challenging the adoption in the future, and in that respecty this language in the suggested affidavit is redundant, and the wording of the affidavit is not absolutely required by the language as long as it's substantially the same, and perhaps that language could be changed in the affidavit. Is that correct, Senator Cronin?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
Yes. That's correct.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Finallyr and unrelated to the issue that -- that has had most of the debate here today, there is a -- a drafting problem in the conference committee report, and in the House: when Representative Dart passed this bill yesterday, and I -- when I read it initially, read it the same way. It says at the bottom of the first page that the language we've been talking about is inserted immediately after the enactlng clause. And it was the representation to the House of Representatives, and particularly to some groups who Were concerned about the original bill, that the original bill Was, in fact, deleted by this conference committee report. In our analysls, and as explained earlier by Senator Cronin, apparently that is not the case, and the original bill language is still, in fact, technically in Ehis conference committee report. That language was controversialr and -- and 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July 1, 1994 many people Whc were interested in -- in -- in family rights and in preserving the rights of natural parents were coneerned about that language, because it seemed tc make the DCPS service plan and failure to abide by the DCFS service plan grounds in and of ttself for terminating parental rights.. It's a very controverslal provision. In the House, in the debater the opponents of that language backed off their opposition to this conference commlttee report beeause they were 1ed to believe - innocently r believe, but nevertheless led to believe that lt was not in this conference committee report. Idm -- I'm advised that this eannot be corrected by Enrolling or Engrossing, although ue may still Representative Dart and Senator Crcnin may be pursuing that, but I think in the interest of fairness tc our House brethren, as Well as the opponents of that orlglnal bill, that that -- faith must be kept with that commltment to keep out, and that cannot be done by Enrolling and Engrossing, we have to have a commitment for an amendatory veto to take out that -- that controverslal language in the original bill. And I Would ask the sponsor if he can make that kind of commitment.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
Well, response, I don't know whether or not I can nake a commitment on behalf of the Governor. can say this for the record: In my renarks in committee and here on the Floorr pointed out tbaE I -- I pointed out that the original b1l1 still remains in the conference committee report. That information just came to me mcments before we presented the bill. you read the conference commitkee reportr there is no language there about service plany but lf you look real careful, as a as a technician that I know many of you are, you Will see that -- that does -- by inserting and referencing other language, that it 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION ' SENATE TRANSCRIPT I I 1st Legislative Day July 1, 1994 does indeed include that. It was not my intent to have that portlon be part of tbis package. And Representative Dart, the original sponsor of this billy also was under the impression that that was not included in this bill. So it would be my wish to request of the Governor's Office that that portion be stricken from the bill, and that we proceed. PRESIDING OFFICER: (SENATOR DONAHUE) j Further discussion? Senator Trotter, for a second and a half timesz and I would ask that you keep your remarks very short.
Yes. Well, 1'11 be -- 1'11 be very short, Madam President. And actually it is just the second time. Howeverr for a question of the sponsor. With the immedlate effective dater does this, in essence, create a new cause of action for the family in the Baby Richard case?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
I don't know Whether or not you could term it a new cause of action. I think there's language in here that may be pertinent to that case, but I can't tell you With certainty Whether or not the language in this b111 would have a positive impact on the case on behalf of the adoptlve parents or -- or -- in effect, it's no* positive. I -- I can't tell you that.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.
Seemingly they can go to the circuit courts of the County of Cook and ask for another case, and at this polnt, they 've already had three trials. They're already in the Supreme Court. So they've gone befcre three tribunals. The way the language reads, it says, in fact, that they can -- they can ask for a new case. 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT ' lst Legislative Day July 1, 1994 : ! So are we circumventing the courts at this time?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
Wellr first of all, bhe Supreme Court would have to agree to hear a petition to entertain the idea of remanding this case. They 'd have to overturn their decision. They 'd have to reccnsider their -- their unanimous decision, and they'd have to overturn that decksion and then remand it to the circuit court. While my personal sympathies are with the adoptive parents, and I think there are some problems with that case from the outset, my main objective ln this legislation ls prcspective, to insure that Baby Richard cases don't happen again.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.
Then why do we have the language for immediate effective date if lt is not to have an inpact on Baby Richard 's case?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
I didn't say that thls would not have an impact on it. I said that T can say with certainty that it will have an impact on prospective cases. If it has an impact on the pending case, from . my oWn personal perspective, I thlnk that'd be wonderful. But I can't tell you what the justices Will decide.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter.
The question is, then -- then why are we having an immedlate effectkve date? If youire not -- if your intent is not to have an impact on the Baby Richard 's case and only on the prcspective I 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT lst Legislative Day July lr 1994 cases, then why are we saying we have the immediate effective date, which wl11 more than likely have an impact on something that's already gone through these three tribunals, which system that we've set up here in this State?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
Maybe misspoke, or maybe -- said something that was confusing. I can't tell you what the outcome is going to be ln terms of its impact on the case. Whether this bill does have an impact on the case is something for the justices to decide. -- I -- my intent yes, that would have an impact on Baby Richard and al1 other cases in the future that are similarly situated .
PRESIDTNG OFFICER: (SENATOR DONAHUE) Senator Trotter, last question.
Well, actually I'm not even questioning . Just in closing, just want to say that seemingly there -- there is good legislatton here. There are some good points in here, and certainly We need to tighten up our -- our laws in relation to adoptions and to foster parents. However, that should not be cause for us tc vote to circumvent the rights of any parent, and eertainly should not be cause for us to circumvent the rights of the court, whieh in fact, with this immediate effectlve date, we're doing. This just is not the right thing that we should be getting into at this point in time - a statement. Nowy just a questicn of the Chair: This being a Special Session, how many votes will it take for passage of this legislation?
PRESIDING OFFICER: (SENATOR DONAHUE) It's after July 1st7 it will take thirty-six, Senator. Senator Cronin, to close. 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1994
Thank you very much, Madam President. We have talked about this and debated this at length. We know what's at stake herer and what are some of the issues involved. The main objection seems to be from those who are concerned about the father of the one-night standsr or the father that entered intc a relationship and then somehow or other drops out and resurfaces some three years later. I don't know hcw to answer some of those questions, if you're concerned about protecting the rights of the father of a one-night stands. I would suggest to you that ycu look at the goal of this legislation. The goal of this legislation is to protect and secure the rights of adoptive parents, and -- and thlnk you need to know that a father who Wishes to secure his rights as a parent has six different avenues to assert those rights. He can live with the nother; he can marry the mother; he can marry -- he can -- he can show some sort of interest by paying support - he can send ten dollars somewhere along the liney and that would be evidence of paying support; he can lnitiate a paternity action; he can have been married to her some three hundred days prior to the birth of the child. There are any number of ways. And I think from a public policy standpoint, I think, Senator Trotter, I'd urge you to take the position that We should encourage these fathers to take these kinds of actions, instead af looking for ways to let them off the hook, instead of looking for ways to protect the rights of the father of the one-night stands and who takes a walk. think that these requirements and these avenues for hin to assert his rights are -- are available; they're known. he's lnteresEed, he may avail himself those. The goal is to protect adoptive parents and their rlghts, and to secure their rights as parents. ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DONAHUE) 39 STATE OF ILLINOIS j T 88TH GENERAL ASSEMBLY HIRD SPECIAL SESSION j SENATE TRANSCRIPT lst Legislatlve Day July 1, 1994 1 i I The question is# shall the Senate adcpt the Conference Ccmmittee Report on House Bill 2424. Those in favcr will vote Aye. Opposed, Nay. The vating is open. Have a11 voted who wish? Have a11 voted Who Wish? Have all voted who Wlsh? Take the record . On that question, there are 46 Ayes, 4 Nays: 7 voting Present. The Senate does adopt the Conference Committee Report on House Bi11 2424, and the bill, having received the requlred I I three-fifths majority, is declared passed. Senator Trotter has l requested a verification, and that request is always in order. I Senaeor Trotter has requested a verification. Will al1 Senators ' be in their seats? Mr. Secretary will read the affirmative votes.
Following Members voted in the affirmative: Barkhausenr Bowles, Burzynskir Butlerr Carroll, Cronin, Cullerton, DeAngells, DeLeor Demuzio, Dillardz Donahue, Dudycz, Ralph Dunn, Thomas Dunn, Farleyr Fawell, Fitzgeraldr Geo-Karis, Hasara: Hawkinsonr Jacobs, Karpiel, Klemm r Lauzenr Madiganr Mahar; Maitland, Molaror O'Danielr O 'Malley, Peterson, Petka, Rauschenberqer, Rea, Severnsr Shadidr Siebeny Stern, Syverson, Topinka, Watson, Weaverr Welch, Woodyard and Mr. President.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Trotter, do you question the presence of any Member?
Senator Cullerton.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton, are you on the Floor? Senator Cullerton on the Floor? Strike his name.
Senator Maitland.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland is in -- is Senator Maitland on the Floor? Senator Maitland on the Floor? Strlke his name. 40 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1z 1994
Senator Molaro. I PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Motaro in the Cbanbers? Senator Molaro? Strike his name . '
Senator Fltzgerald. Oh, I see him. I see hlm .
PRESIDING OFFICER: (SENATOR DONAHUE) He's rkght there in the center aisle.
Right. Plotting agalnst the President, I'm sure. Senator Farley.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Farley? Is he in the Chamber? Senator Farley? Senator Farley. Strike his name.
No, We -- in front of ne. That's all. Thank yau very much, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) On a verified roll call, the Ayes are 42, the Nays are 4, 7 voting Present. The -- the roll has been verifiedr and House Bill 2424, havin: received the required constltutional majorlty, is declared passed. Senator Philip.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Let me try to bring you up to date on where we are exactly. And as you know, the four Leaders and the Governor me* this morning. The Speaker has come up with some reasonable changes in the budget. The budgeteers are back together again. We have some people working on Medicaid. It Would be in -- the intention of the Chair to come back tomorrow morning at 10 o'clock, see exactly where we are at 10 o 'clock in the morning. 41 STATE OP ILLINOIS I 88TH GENERAL ASSEMBLY THIRD SPECIAL SESSION SENATE TRANSCRIPT 1st Legislative Day July 1r 1994 If it looks like we could get it done on Saturday, maybe first thing Sunday morning, you know, maybe We ought to do that, or adjourn sometime tomorrow and come back on Wednesday, Thursday or Friday. But we'l1 make that decision sometime tomorrow after We come in at 10. And I Would like to have, Madam President, a Republican Caucus in my office as soon as we adjaurn.
PRESIDING OFFICER: (SENATOR DONAHUE) That request is in order. Is there any further business to come before the Thlrd Special Session of the Senate? If noty Senator Weaver moves that the Third Special Session stand adjourned until Saturday, July 2nd, at 10 p.m. -- at 10:05 a.m. (SENATE RECONVENES SECOND SPECIAL SESSION) (See Second Special Session Transcript) I 42 REPQHI: TIFLDAY STZTE OF ILLINOIS 94/11/02 PAGE; O01 88TH GEHERàL âSSEMBLY 12:50:06 SENATE DAILY TRAN3CRIPTION OF DEBATE INDEX SPECIAL SESSION 11 3 I JULY 01, 1994 I HB-2R2kCONFERENCE SR-0001 ADOPTED PZGE PAGE 6 2 1 I SR-0001 RESOLUTION OFFERED PâGE 2 SR-0O02 ADOPTED PZGE 2 SR-0002 RESOLUTIOK QFFERED PAGE 2 SR-O003 ADOPTED PAGE 3 3R-0003 RESOLUTION OFFERED PZGE 3 SUBJECT MATTER ' SENâTE T0 ORDER-SENZTOR DEANGELIS PAGE 1 COMMUNICATION FROH THE SECRETARY OF STZTE PAGE 1 PROCLâHâTION FRQH THE GQVERNOR PZGE 1 RECESS PAGE 5 SENATE RECONVENES PAGE 5 COMHITTEE REPORT PàGE 6 ADJOURNHENT PZGE V2