HB4742 93RD GENERAL ASSEMBLY

LRB093 17685 DRJ 46745 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4742

Introduced 02/04/04, by Julie Hamos

SYNOPSIS AS INTRODUCED:

See Index

Creates the Uniform Parentage Act (2000). Provides rules for establishing a parent-child relationship, including rules for acknowledging and denying paternity. Requires the Department of Children and Family Services to establish a registry of paternity, and requires that men who have timely registered be given notice of a proceeding for adoption or for termination of parental rights. Provides that the intentional, unauthorized release of information from the registry is a Class B misdemeanor. Provides rules for the genetic testing of a person to determine parentage, and makes the intentional, unauthorized release of an identifiable specimen a Class B misdemeanor. Provides rules for proceedings to adjudicate parentage, and authorizes the issuance of a temporary order for child support. Provides rules for determining the parentage of a child of assisted reproduction. Provides for the regulation of gestational agreements. Repeals the Illinois Parentage Act and the Illinois Parentage Act of 1984. Amends other Acts to make conforming changes.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning families.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1. GENERAL PROVISIONS

5		Section 0.01. Short title. This Act may be cited as the
6		Uniform Parentage Act (2000).

7		Section 101. Short title. (See Section 0.01 for short
8		title.)

9		Section 102. Definitions. In this Act:
10		(1) "Acknowledged father" means a man who has
11		established a father-child relationship under Article 3.
12		(2) "Adjudicated father" means a man who has been
13		adjudicated by a court of competent jurisdiction, or as
14		authorized under Article X of the Illinois Public Aid Code,
15		to be the father of a child.
16		(3) "Alleged father" means a man who alleges himself to
17		be, or is alleged to be, the genetic father or a possible
18		genetic father of a child, but whose paternity has not been
19		determined. The term does not include:
20		(A) a presumed father;
21		(B) a man whose parental rights have been
22		terminated or declared not to exist; or
23		(C) a male donor.
24		(4) "Assisted reproduction" means a method of causing
25		pregnancy other than sexual intercourse. The term
26		includes:
27		(A) intrauterine insemination;
28		(B) donation of eggs;
29		(C) donation of embryos;
30		(D) in-vitro fertilization and transfer of

1		embryos; and
2		(E) intracytoplasmic sperm injection.
3		(5) "Child" means an individual of any age whose
4		parentage may be determined under this Act.
5		(6) "Commence" means to file the initial pleading
6		seeking an adjudication of parentage in the circuit court
7		of this State.
8		(7) "Determination of parentage" means the
9		establishment of the parent-child relationship by the
10		signing of a valid acknowledgment of paternity under
11		Article 3 or adjudication by the court or as authorized
12		under Article X of the Illinois Public Aid Code.
13		(8) "Donor" means an individual who produces eggs or
14		sperm used for assisted reproduction, whether or not for
15		consideration. The term does not include:
16		(A) a husband who provides sperm, or a wife who
17		provides eggs, to be used for assisted reproduction by
18		the wife;
19		(B) a woman who gives birth to a child by means of
20		assisted reproduction, except as otherwise provided in
21		Article 8; or
22		(C) a parent under Article 7 or an intended parent
23		under Article 8.
24		(9) "Ethnic or racial group" means, for purposes of
25		genetic testing, a recognized group that an individual
26		identifies as all or part of the individual's ancestry or
27		that is so identified by other information.
28		(10) "Genetic testing" means an analysis of genetic
29		markers to exclude or identify a man as the father or a
30		woman as the mother of a child. The term includes an
31		analysis of one or a combination of the following:
32		(A) deoxyribonucleic acid; and
33		(B) blood-group antigens, red-cell antigens,
34		human-leukocyte antigens, serum enzymes, serum
35		proteins, or red-cell enzymes.
36		(11) "Gestational mother" means an adult woman who

1		gives birth to a child under a gestational agreement.
2		(12) "Man" means a male individual of any age.
3		(13) "Parent" means an individual who has established a
4		parent-child relationship under Section 201.
5		(14) "Parent-child relationship" means the legal
6		relationship between a child and a parent of the child. The
7		term includes the mother-child relationship and the
8		father-child relationship.
9		(15) "Paternity index" means the likelihood of
10		paternity calculated by computing the ratio between:
11		(A) the likelihood that the tested man is the
12		father, based on the genetic markers of the tested man,
13		mother, and child, conditioned on the hypothesis that
14		the tested man is the father of the child; and
15		(B) the likelihood that the tested man is not the
16		father, based on the genetic markers of the tested man,
17		mother, and child, conditioned on the hypothesis that
18		the tested man is not the father of the child and that
19		the father is of the same ethnic or racial group as the
20		tested man.
21		(16) "Presumed father" means a man who, by operation of
22		law under Section 204, is recognized as the father of a
23		child until that status is rebutted or confirmed in a
24		judicial proceeding.
25		(17) "Probability of paternity" means the measure, for
26		the ethnic or racial group to which the alleged father
27		belongs, of the probability that the man in question is the
28		father of the child, compared with a random, unrelated man
29		of the same ethnic or racial group, expressed as a
30		percentage incorporating the paternity index and a prior
31		probability.
32		(18) "Record" means information that is inscribed on a
33		tangible medium or that is stored in an electronic or other
34		medium and is retrievable in perceivable form.
35		(19) "Signatory" means an individual who authenticates
36		a record and is bound by its terms.

1		(20) "State" means a State of the United States, the
2		District of Columbia, Puerto Rico, the United States Virgin
3		Islands, or any territory or insular possession subject to
4		the jurisdiction of the United States.
5		(21) "Support-enforcement agency" means a public
6		official or agency authorized to seek:
7		(A) enforcement of support orders or laws relating
8		to the duty of support;
9		(B) establishment or modification of child
10		support;
11		(C) determination of parentage; or
12		(D) location of child-support obligors and their
13		income and assets.

14		Section 103. Scope of Act; choice of law.
15		(a) This Act applies to determination of parentage in this
16		State.
17		(b) The court shall apply the law of this State to
18		adjudicate the parent-child relationship. The applicable law
19		does not depend on:
20		(1) the place of birth of the child; or
21		(2) the past or present residence of the child.
22		(c) This Act does not create, enlarge, or diminish parental
23		rights or duties under other law of this State.
24		(d) This Act does not authorize or prohibit an agreement
25		between a woman and a man and another woman in which the woman
26		relinquishes all rights as a parent of a child conceived by
27		means of assisted reproduction, and which provides that the man
28		and other woman become the parents of the child. If a birth
29		results under such an agreement and the agreement is
30		unenforceable under the law of this State, the parent-child
31		relationship is determined as provided in Article 2.

32		Section 104. Court of this State. The circuit court is
33		authorized to adjudicate parentage under this Act.

1		Section 105. Protection of participants. Proceedings under
2		this Act are subject to other law of this State governing the
3		health, safety, privacy, and liberty of a child or other
4		individual who could be jeopardized by disclosure of
5		identifying information, including address, telephone number,
6		place of employment, social security number, and the child's
7		day-care facility and school.

8		Section 106. Determination of maternity. Provisions of
9		this Act relating to determination of paternity apply to
10		determination of maternity.

ARTICLE 2. PARENT-CHILD RELATIONSHIP

12		Section 201. Establishment of parent-child relationship.
13		(a) The mother-child relationship is established between a
14		woman and a child by:
15		(1) the woman's having given birth to the child, except
16		as otherwise provided in Article 8;
17		(2) an adjudication of the woman's maternity;
18		(3) adoption of the child by the woman; or
19		(4) an adjudication confirming the woman as a parent of
20		a child born to a gestational mother if the agreement was
21		validated under Article 8 or is enforceable under other
22		law.
23		(b) The father-child relationship is established between a
24		man and a child by:
25		(1) an unrebutted presumption of the man's paternity of
26		the child under Section 204;
27		(2) an effective acknowledgment of paternity by the man
28		under Article 3, unless the acknowledgment has been
29		rescinded or successfully challenged;
30		(3) an adjudication of the man's paternity;
31		(4) adoption of the child by the man;
32		(5) the man's having consented to assisted
33		reproduction by a woman under Article 7 which resulted in

1		the birth of the child; or
2		(6) an adjudication confirming the man as a parent of a
3		child born to a gestational mother if the agreement was
4		validated under Article 8 or is enforceable under other
5		law.

6		Section 202. No discrimination based on marital status. A
7		child born to parents who are not married to each other has the
8		same rights under the law as a child born to parents who are
9		married to each other.

10		Section 203. Consequences of establishment of parentage.
11		Unless parental rights are terminated, a parent-child
12		relationship established under this Act applies for all
13		purposes, except as otherwise specifically provided by other
14		law of this State.

15		Section 204. Presumption of paternity.
16		(a) A man is presumed to be the father of a child if:
17		(1) he and the mother of the child are married to each
18		other and the child is born during the marriage;
19		(2) he and the mother of the child were married to each
20		other and the child is born within 300 days after the
21		marriage is terminated by death, annulment, declaration of
22		invalidity, judgment of dissolution, or divorce, or after a
23		judgment of legal separation or decree of separation;
24		(3) before the birth of the child, he and the mother of
25		the child married each other in apparent compliance with
26		law, even if the attempted marriage is or could be declared
27		invalid, and the child is born during the invalid marriage
28		or within 300 days after its termination by death,
29		annulment, declaration of invalidity, judgment of
30		dissolution, or divorce, or after a judgment of legal
31		separation or decree of separation; or
32		(4) after the birth of the child, he and the mother of
33		the child married each other in apparent compliance with

1		law, whether or not the marriage is or could be declared
2		invalid, and he voluntarily asserted his paternity of the
3		child, and:
4		(A) the assertion is in a record filed with the
5		Illinois Department of Public Health or the Illinois
6		Department of Public Aid as provided by other law of
7		this State;
8		(B) he agreed to be and is named as the child's
9		father on the child's birth certificate; or
10		(C) he promised in a record to support the child as
11		his own.
12		(5) (Blank).
13		(b) A presumption of paternity established under this
14		Section may be rebutted only by an adjudication under Article
15		6.

ARTICLE 3. VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY

17		Section 301. Acknowledgment of paternity. The mother of a
18		child and a man claiming to be the genetic father of the child
19		may sign an acknowledgment of paternity with intent to
20		establish the man's paternity.

21		Section 302. Execution of acknowledgment of paternity.
22		(a) An acknowledgment of paternity must:
23		(1) be in a record;
24		(2) be signed, or otherwise authenticated, under
25		penalty of perjury by the mother and by the man seeking to
26		establish his paternity;
27		(3) state that the child whose paternity is being
28		acknowledged:
29		(A) does not have a presumed father, or has a
30		presumed father whose full name is stated; and
31		(B) does not have another acknowledged or
32		adjudicated father;
33		(4) state whether there has been genetic testing and,

1		if so, that the acknowledging man's claim of paternity is
2		consistent with the results of the testing; and
3		(5) state that the signatories understand that the
4		acknowledgment is the equivalent of a judicial
5		adjudication of paternity of the child and that a challenge
6		to the acknowledgment is permitted only under limited
7		circumstances and is barred after two years.
8		(b) An acknowledgment of paternity is void if it:
9		(1) states that another man is a presumed father,
10		unless a denial of paternity signed or otherwise
11		authenticated by the presumed father is filed with the
12		Illinois Department of Public or the Illinois Department of
13		Public Aid, as provided by other law of this State;
14		(2) states that another man is an acknowledged or
15		adjudicated father; or
16		(3) falsely denies the existence of a presumed,
17		acknowledged, or adjudicated father of the child.
18		(c) A presumed father may sign or otherwise authenticate an
19		acknowledgment of paternity.

20		Section 303. Denial of paternity. A presumed father may
21		sign a denial of his paternity. The denial is valid only if:
22		(1) an acknowledgment of paternity signed, or
23		otherwise authenticated, by another man is filed pursuant
24		to Section 305;
25		(2) the denial is in a record, and is signed, or
26		otherwise authenticated, under penalty of perjury; and
27		(3) the presumed father has not previously:
28		(A) acknowledged his paternity, unless the
29		previous acknowledgment has been rescinded pursuant to
30		Section 307 or successfully challenged pursuant to
31		Section 308; or
32		(B) been adjudicated to be the father of the child.

33		Section 304. Rules for acknowledgment and denial of
34		paternity.

1		(a) An acknowledgment of paternity and a denial of
2		paternity may be contained in a single document or may be
3		signed in counterparts, and may be filed separately or
4		simultaneously. If the acknowledgement and denial are both
5		necessary, neither is valid until both are filed.
6		(b) An acknowledgment of paternity or a denial of paternity
7		may be signed before the birth of the child.
8		(c) Subject to subsection (a), an acknowledgment of
9		paternity or denial of paternity takes effect on the birth of
10		the child or the filing of the document with the Illinois
11		Department of Public Health or the Illinois Department of
12		Public Aid, as provided by other law of this State, whichever
13		occurs later.
14		(d) An acknowledgment of paternity or denial of paternity
15		signed by a minor is valid if it is otherwise in compliance
16		with this Act.

17		Section 305. Effect of acknowledgment or denial of
18		paternity.
19		(a) Except as otherwise provided in Sections 307 and 308, a
20		valid acknowledgment of paternity filed with the Illinois
21		Department of Public Health or the Illinois Department of
22		Public Aid, as provided by other law of this State, is
23		equivalent to an adjudication of paternity of a child and
24		confers upon the acknowledged father all of the rights and
25		duties of a parent.
26		(b) Except as otherwise provided in Sections 307 and 308, a
27		valid denial of paternity by a presumed father filed with the
28		Illinois Department of Public Health or the Illinois Department
29		of Public Aid, as provided by other law of this State, in
30		conjunction with a valid acknowledgment of paternity is
31		equivalent to an adjudication of the nonpaternity of the
32		presumed father and discharges the presumed father from all
33		rights and duties of a parent.

34

Section 306. No filing fee. Neither the Illinois Department

1		of Public Health nor the Illinois Department of Public Aid may
2		charge for filing an acknowledgment of paternity or denial of
3		paternity.

4		Section 307. Proceeding for rescission. A signatory may
5		rescind an acknowledgment of paternity or denial of paternity
6		by commencing a proceeding to rescind before the earlier of:
7		(1) 60 days after the effective date of the
8		acknowledgment or denial, as provided in Section 304; or
9		(2) the date of the first hearing, in a proceeding to
10		which the signatory is a party, before a court to
11		adjudicate an issue relating to the child, including a
12		proceeding that establishes support.

13		Section 308. Challenge after expiration of period for
14		rescission.
15		(a) After the period for rescission under Section 307 has
16		expired, a signatory of an acknowledgment of paternity or
17		denial of paternity may commence a proceeding to challenge the
18		acknowledgment or denial only:
19		(1) on the basis of fraud, duress, or material mistake
20		of fact; and
21		(2) within two years after the acknowledgment or denial
22		is filed with the Illinois Department of Public Health or
23		the Illinois Department of Public Aid, as provided by other
24		law of this State.
25		(b) A party challenging an acknowledgment of paternity or
26		denial of paternity has the burden of proof.

27		Section 309. Procedure for rescission or challenge.
28		(a) Every signatory to an acknowledgment of paternity and
29		any related denial of paternity must be made a party to a
30		proceeding to rescind or challenge the acknowledgment or
31		denial.
32		(b) For the purpose of rescission of, or challenge to, an
33		acknowledgment of paternity or denial of paternity, a signatory

1		submits to personal jurisdiction of this State by signing the
2		acknowledgment or denial, effective upon the filing of the
3		document with the Illinois Department of Public Health or the
4		Illinois Department of Public Aid, as provided by other law of
5		this State.
6		(c) Except for good cause shown, during the pendency of a
7		proceeding to rescind or challenge an acknowledgment of
8		paternity or denial of paternity, the court may not suspend the
9		legal responsibilities of a signatory arising from the
10		acknowledgment, including the duty to pay child support.
11		(d) A proceeding to rescind or to challenge an
12		acknowledgment of paternity or denial of paternity must be
13		conducted in the same manner as a proceeding to adjudicate
14		parentage under Article 6.
15		(e) At the conclusion of a proceeding to rescind or
16		challenge an acknowledgment of paternity or denial of
17		paternity, the court shall order the Illinois Department of
18		Public Health to amend the birth record of the child, if
19		appropriate.

20		Section 310. Ratification barred. A court or
21		administrative proceeding is not required or permitted to
22		ratify an unchallenged acknowledgment of paternity.

23		Section 311. Full faith and credit. A court of this State
24		shall give full faith and credit to an acknowledgment of
25		paternity or denial of paternity effective in another state if
26		the acknowledgment or denial has been signed and is otherwise
27		in compliance with the law of the other state.

28		Section 312. Forms for acknowledgment and denial of
29		paternity.
30		(a) To facilitate compliance with this Article, the
31		Illinois Department of Public Health or the Illinois Department
32		of Public Aid, as provided by other law of this State, shall
33		prescribe forms for the acknowledgment of paternity and the

1		denial of paternity.
2		(b) A valid acknowledgment of paternity or denial of
3		paternity is not affected by a later modification of the
4		prescribed form.

5		Section 313. Release of information. The Illinois
6		Department of Public Health and the Illinois Department of
7		Public Aid may release information relating to the
8		acknowledgment of paternity or denial of paternity to a
9		signatory of the acknowledgment or denial and to courts and
10		appropriate state or federal agencies of this or another state.

11		Section 314. Adoption of rules. The Illinois Department of
12		Public Health and the Illinois Department of Public Aid may
13		adopt rules to implement this Article.

ARTICLE 4. REGISTRY OF PATERNITY

PART 1. GENERAL PROVISIONS

16		Section 401. Establishment of registry. A registry of
17		paternity is established in the Illinois Department of Children
18		and Family Services.

19		Section 402. Registration for notification.
20		(a) Except as otherwise provided in subsection (b) or
21		Section 405, a man who desires to be notified of a proceeding
22		for adoption of, or termination of parental rights regarding, a
23		child that he may have fathered must register in the registry
24		of paternity before the birth of the child or within 30 days
25		after the birth.
26		(b) A man is not required to register if:
27		(1) a father-child relationship between the man and the
28		child has been established under this Act or other law; or
29		(2) the man commences a proceeding to adjudicate his
30		paternity before the court has terminated his parental

1		rights.
2		(c) A registrant shall promptly notify the registry in a
3		record of any change in the information registered. The
4		Illinois Department of Children and Family Services shall
5		incorporate all new information received into its records but
6		need not affirmatively seek to obtain current information for
7		incorporation in the registry.

8		Section 403. Notice of proceeding. Notice of a proceeding
9		for the adoption of, or termination of parental rights
10		regarding, a child must be given to a registrant who has timely
11		registered. Notice must be given in a manner prescribed for
12		service of process in a civil action.

13		Section 404. Termination of parental rights: child under
14		under one year of age. The parental rights of a man who may be
15		the father of a child may be terminated without notice if:
16		(1) the child has not attained one year of age at the
17		time of the termination of parental rights;
18		(2) the man did not register timely with the Illinois
19		Department of Children and Family Services; and
20		(3) the man is not exempt from registration under
21		Section 402.

22		Section 405. Termination of parental rights: child at least
23		one year of age.
24		(a) If a child has attained one year of age, notice of a
25		proceeding for adoption of, or termination of parental rights
26		regarding, the child must be given to every alleged father of
27		the child, whether or not he has registered with the Illinois
28		Department of Children and Family Services.
29		(b) Notice must be given in a manner prescribed for service
30		of process in a civil action.

PART 2. OPERATION OF REGISTRY

1		Section 411. Required form. The Illinois Department of
2		Children and Family Services shall prepare a form for
3		registering with the agency. The form must require the
4		signature of the registrant. The form must state that the form
5		is signed under penalty of perjury. The form must also state
6		that:
7		(1) a timely registration entitles the registrant to
8		notice of a proceeding for adoption of the child or
9		termination of the registrant's parental rights;
10		(2) a timely registration does not commence a
11		proceeding to establish paternity;
12		(3) the information disclosed on the form may be used
13		against the registrant to establish paternity;
14		(4) services to assist in establishing paternity are
15		available to the registrant through the
16		support-enforcement agency;
17		(5) the registrant should also register in another
18		state if conception or birth of the child occurred in the
19		other state;
20		(6) information on registries of other states is
21		available from the Illinois Department of Children and
22		Family Services; and
23		(7) procedures exist to rescind the registration of a
24		claim of paternity.

25		Section 412. Furnishing of information; confidentiality.
26		(a) The Illinois Department of Children and Family
27		Services need not seek to locate the mother of a child who is
28		the subject of a registration, but the Department shall send a
29		copy of the notice of registration to a mother if she has
30		provided an address.
31		(b) Information contained in the registry is confidential
32		and may be released on request only to:
33		(1) a court or a person designated by the court;
34		(2) the mother of the child who is the subject of the
35		registration;

1		(3) an agency authorized by other law to receive the
2		information;
3		(4) a licensed child-placing agency;
4		(5) a support-enforcement agency;
5		(6) a party or the party's attorney of record in a
6		proceeding under this Act or in a proceeding for adoption
7		of, or for termination of parental rights regarding, a
8		child who is the subject of the registration; and
9		(7) the registry of paternity in another state.

10		Section 413. Penalty for releasing information. An
11		individual commits a Class B misdemeanor if the individual
12		intentionally releases information from the registry to
13		another individual or agency not authorized to receive the
14		information under Section 412.

15		Section 414. Rescission of registration. A registrant may
16		rescind his registration at any time by sending to the registry
17		a rescission in a record signed or otherwise authenticated by
18		him, and witnessed or notarized.

19		Section 415. Untimely registration. If a man registers more
20		than 30 days after the birth of the child, the Illinois
21		Department of Children and Family Services shall notify the
22		registrant that on its face his registration was not filed
23		timely.

24		Section 416. Fees for registry.
25		(a) A fee may not be charged for filing a registration or a
26		rescission of registration.
27		(b) Except as otherwise provided in subsection (c), the
28		Illinois Department of Children and Family Services may charge
29		a reasonable fee for making a search of the registry and for
30		furnishing a certificate.
31		(c) A support-enforcement agency and other appropriate
32		agencies, if any, are not required to pay a fee authorized by

1		subsection (b).

PART 3. SEARCH OF REGISTRIES

3		Section 421. Search of appropriate registry.
4		(a) If a father-child relationship has not been established
5		under this Act for a child under one year of age, a petitioner
6		for adoption of, or termination of parental rights regarding,
7		the child, must obtain a certificate of search of the registry
8		of paternity.
9		(b) If a petitioner for adoption of, or termination of
10		parental rights regarding, a child has reason to believe that
11		the conception or birth of the child may have occurred in
12		another state, the petitioner must also obtain a certificate of
13		search from the registry of paternity, if any, in that state.

14		Section 422. Certificate of search of registry.
15		(a) The Illinois Department of Children and Family Services
16		shall furnish to the requester a certificate of search of the
17		registry on request of an individual, court, or agency
18		identified in Section 412.
19		(b) A certificate provided by the Illinois Department of
20		Children and Family Services must be signed on behalf of the
21		State that:
22		(1) a search has been made of the registry; and
23		(2) a registration containing the information required
24		to identify the registrant:
25		(A) has been found and is attached to the
26		certificate of search; or
27		(B) has not been found.
28		(c) A petitioner must file the certificate of search with
29		the court before a proceeding for adoption of, or termination
30		of parental rights regarding, a child may be concluded.

ARTICLE 5. GENETIC TESTING

1		Section 501. Scope of Article. This Article governs genetic
2		testing of an individual to determine parentage, whether the
3		individual:
4		(1) voluntarily submits to testing; or
5		(2) is tested pursuant to an order of the court or a
6		support-enforcement agency.

7		Section 502. Order for testing.
8		(a) Except as otherwise provided in this Article and
9		Article 6, the court shall order the child and other designated
10		individuals to submit to genetic testing if the request for
11		testing is supported by the sworn statement of a party to the
12		proceeding:
13		(1) alleging paternity and stating facts establishing
14		a reasonable probability of the requisite sexual contact
15		between the individuals; or
16		(2) denying paternity and stating facts establishing a
17		possibility that sexual contact between the individuals,
18		if any, did not result in the conception of the child.
19		(b) A support-enforcement agency may order genetic testing
20		only if there is no presumed, acknowledged, or adjudicated
21		father.
22		(c) If a request for genetic testing of a child is made
23		before birth, the court or support-enforcement agency may not
24		order in-utero testing.
25		(d) If two or more men are subject to court-ordered genetic
26		testing, the testing may be ordered concurrently or
27		sequentially.

28		Section 503. Requirements for genetic testing.
29		(a) Genetic testing must be of a type reasonably relied
30		upon by experts in the field of genetic testing and performed
31		in a testing laboratory accredited by:
32		(1) the American Association of Blood Banks, or a
33		successor to its functions;
34		(2) the American Society for Histocompatibility and

1		Immunogenetics, or a successor to its functions; or
2		(3) an accrediting body designated by the federal
3		Secretary of Health and Human Services.
4		(b) A specimen used in genetic testing may consist of one
5		or more samples, or a combination of samples, of blood, buccal
6		cells, bone, hair, or other body tissue or fluid. The specimen
7		used in the testing need not be of the same kind for each
8		individual undergoing genetic testing.
9		(c) Based on the ethnic or racial group of an individual,
10		the testing laboratory shall determine the databases from which
11		to select frequencies for use in calculation of the probability
12		of paternity. If there is disagreement as to the testing
13		laboratory's choice, the following rules apply:
14		(1) The individual objecting may require the testing
15		laboratory, within 30 days after receipt of the report of
16		the test, to recalculate the probability of paternity using
17		an ethnic or racial group different from that used by the
18		laboratory.
19		(2) The individual objecting to the testing
20		laboratory's initial choice shall:
21		(A) if the frequencies are not available to the
22		testing laboratory for the ethnic or racial group
23		requested, provide the requested frequencies compiled
24		in a manner recognized by accrediting bodies; or
25		(B) engage another testing laboratory to perform
26		the calculations.
27		(3) The testing laboratory may use its own statistical
28		estimate if there is a question regarding which ethnic or
29		racial group is appropriate. If available, the testing
30		laboratory shall calculate the frequencies using
31		statistics for any other ethnic or racial group requested.
32		(d) If, after recalculation using a different ethnic or
33		racial group, genetic testing does not rebuttably identify a
34		man as the father of a child under Section 505, an individual
35		who has been tested may be required to submit to additional
36		genetic testing.

1		Section 504. Report of genetic testing.
2		(a) A report of genetic testing must be in a record and
3		signed under penalty of perjury by a designee of the testing
4		laboratory. A report made under the requirements of this
5		Article is self-authenticating.
6		(b) Documentation from the testing laboratory of the
7		following information is sufficient to establish a reliable
8		chain of custody that allows the results of genetic testing to
9		be admissible without testimony:
10		(1) the names and photographs of the individuals whose
11		specimens have been taken;
12		(2) the names of the individuals who collected the
13		specimens;
14		(3) the places and dates the specimens were collected;
15		(4) the names of the individuals who received the
16		specimens in the testing laboratory; and
17		(5) the dates the specimens were received.

18		Section 505. Genetic testing results; rebuttal.
19		(a) Under this Act, a man is rebuttably identified as the
20		father of a child if the genetic testing complies with this
21		Article and the results disclose that:
22		(1) the man has at least a 99 percent probability of
23		paternity, using a prior probability of 0.50, as calculated
24		by using the combined paternity index obtained in the
25		testing; and
26		(2) a combined paternity index of at least 100 to 1.
27		(b) A man identified under subsection (a) as the father of
28		the child may rebut the genetic testing results only by other
29		genetic testing satisfying the requirements of this Article
30		which:
31		(1) excludes the man as a genetic father of the child;
32		or
33		(2) identifies another man as the possible father of
34		the child.

1		(c) Except as otherwise provided in Section 510, if more
2		than one man is identified by genetic testing as the possible
3		father of the child, the court shall order them to submit to
4		further genetic testing to identify the genetic father.

5		Section 506. Costs of genetic testing.
6		(a) Subject to assessment of costs under Article 6, the
7		cost of initial genetic testing must be advanced:
8		(1) by a support-enforcement agency in a proceeding in
9		which the support-enforcement agency is providing
10		services;
11		(2) by the individual who made the request;
12		(3) as agreed by the parties; or
13		(4) as ordered by the court.
14		(b) In cases in which the cost is advanced by the
15		support-enforcement agency, the agency may seek reimbursement
16		from a man who is rebuttably identified as the father.

17		Section 507. Additional genetic testing. The court or the
18		support-enforcement agency shall order additional genetic
19		testing upon the request of a party who contests the result of
20		the original testing. If the previous genetic testing
21		identified a man as the father of the child under Section 505,
22		the court or agency may not order additional testing unless the
23		party provides advance payment for the testing.

24		Section 508. Genetic testing when specimens not available.
25		(a) Subject to subsection (b), if a genetic-testing
26		specimen is not available from a man who may be the father of a
27		child, for good cause and under circumstances the court
28		considers to be just, the court may order the following
29		individuals to submit specimens for genetic testing:
30		(1) the parents of the man;
31		(2) brothers and sisters of the man;
32		(3) other children of the man and their mothers; and
33		(4) other relatives of the man necessary to complete

1		genetic testing.
2		(b) Issuance of an order under this Section requires a
3		finding that a need for genetic testing outweighs the
4		legitimate interests of the individual sought to be tested.

5		Section 509. Deceased individual. For good cause shown, the
6		court may order genetic testing of a deceased individual.

7		Section 510. Identical brothers.
8		(a) The court may order genetic testing of a brother of a
9		man identified as the father of a child if the man is commonly
10		believed to have an identical brother and evidence suggests
11		that the brother may be the genetic father of the child.
12		(b) If each brother satisfies the requirements as the
13		identified father of the child under Section 505 without
14		consideration of another identical brother being identified as
15		the father of the child, the court may rely on nongenetic
16		evidence to adjudicate which brother is the father of the
17		child.

18		Section 511. Confidentiality of genetic testing.
19		(a) Release of the report of genetic testing for parentage
20		is controlled by the Genetic Information Privacy Act.
21		(b) An individual who intentionally releases an
22		identifiable specimen of another individual for any purpose
23		other than that relevant to the proceeding regarding parentage
24		without a court order or the written permission of the
25		individual who furnished the specimen commits a Class B
26		misdemeanor.

ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE

PART 1. NATURE OF PROCEEDING

29		Section 601. Proceeding authorized. A civil proceeding may
30		be maintained to adjudicate the parentage of a child. The

1		proceeding is governed by the Code of Civil Procedure.

2		Section 602. Standing to maintain proceeding. Subject to
3		Article 3 and Sections 607 and 609, a proceeding to adjudicate
4		parentage may be maintained by:
5		(1) the child;
6		(2) the mother of the child;
7		(3) a man whose paternity of the child is to be
8		adjudicated;
9		(4) the support-enforcement agency or other
10		governmental agency authorized by other law;
11		(5) an authorized adoption agency or licensed
12		child-placing agency;
13		(6) a representative authorized by law to act for an
14		individual who would otherwise be entitled to maintain a
15		proceeding but who is deceased, incapacitated, or a minor;
16		or
17		(7) an intended parent under Article 8.

18		Section 603. Parties to proceeding. The following
19		individuals must be joined as parties in a proceeding to
20		adjudicate parentage:
21		(1) the mother of the child; and
22		(2) a man whose paternity of the child is to be
23		adjudicated.

24		Section 604. Personal jurisdiction.
25		(a) An individual may not be adjudicated to be a parent
26		unless the court has personal jurisdiction over the individual.
27		(b) A court of this State having jurisdiction to adjudicate
28		parentage may exercise personal jurisdiction over a
29		nonresident individual, or the guardian or conservator of the
30		individual, if the conditions prescribed in Section 201 of the
31		Uniform Interstate Family Support Act are fulfilled.
32		(c) Lack of jurisdiction over one individual does not
33		preclude the court from making an adjudication of parentage

1		binding on another individual over whom the court has personal
2		jurisdiction.

3		Section 605. Venue. Venue for a proceeding to adjudicate
4		parentage is in the county of this State in which:
5		(1) the child resides or is found;
6		(2) the respondent resides or is found if the child
7		does not reside in this State; or
8		(3) a proceeding for probate or administration of the
9		presumed or alleged father's estate has been commenced.

10		Section 606. No limitation: child having no presumed,
11		acknowledged, or adjudicated father. A proceeding to
12		adjudicate the parentage of a child having no presumed,
13		acknowledged, or adjudicated father may be commenced at any
14		time, even after:
15		(1) the child becomes an adult, but only if the child
16		initiates the proceeding; or
17		(2) an earlier proceeding to adjudicate paternity has
18		been dismissed based on the application of a statute of
19		limitation then in effect.

20		Section 607. Limitation: child having presumed father.
21		(a) Except as otherwise provided in subsection (b), a
22		proceeding brought by a presumed father, the mother, or another
23		individual to adjudicate the parentage of a child having a
24		presumed father must be commenced not later than two years
25		after the birth of the child.
26		(b) A proceeding seeking to disprove the father-child
27		relationship between a child and the child's presumed father
28		may be maintained at any time if the court determines that:
29		(1) the presumed father and the mother of the child
30		neither cohabited nor engaged in sexual intercourse with
31		each other during the probable time of conception; and
32		(2) the presumed father never openly held out the child
33		as his own.

1		Section 608. Authority to deny motion for genetic testing.
2		(a) In a proceeding to adjudicate the parentage of a child
3		having a presumed father or to challenge the paternity of a
4		child having an acknowledged father, the court may deny a
5		motion seeking an order for genetic testing of the mother, the
6		child, and the presumed or acknowledged father if the court
7		determines that:
8		(1) the conduct of the mother or the presumed or
9		acknowledged father stops that party from denying
10		parentage; and
11		(2) it would be inequitable to disprove the
12		father-child relationship between the child and the
13		presumed or acknowledged father.
14		(b) In determining whether to deny a motion seeking an
15		order for genetic testing under this Section, the court shall
16		consider the best interest of the child, including the
17		following factors:
18		(1) the length of time between the proceeding to
19		adjudicate parentage and the time that the presumed or
20		acknowledged father was placed on notice that he might not
21		be the genetic father;
22		(2) the length of time during which the presumed or
23		acknowledged father has assumed the role of father of the
24		child;
25		(3) the facts surrounding the presumed or acknowledged
26		father's discovery of his possible nonpaternity;
27		(4) the nature of the relationship between the child
28		and the presumed or acknowledged father;
29		(5) the age of the child;
30		(6) the harm that may result to the child if presumed
31		or acknowledged paternity is successfully disproved;
32		(7) the nature of the relationship between the child
33		and any alleged father;
34		(8) the extent to which the passage of time reduces the
35		chances of establishing the paternity of another man and a

1		child-support obligation in favor of the child; and
2		(9) other factors that may affect the equities arising
3		from the disruption of the father-child relationship
4		between the child and the presumed or acknowledged father
5		or the chance of other harm to the child.
6		(c) In a proceeding involving the application of this
7		Section, a minor or incapacitated child must be represented by
8		a guardian ad litem.
9		(d) Denial of a motion seeking an order for genetic testing
10		must be based on clear and convincing evidence.
11		(e) If the court denies a motion seeking an order for
12		genetic testing, it shall issue an order adjudicating the
13		presumed or acknowledged father to be the father of the child.

14		Section 609. Limitation: child having acknowledged or
15		adjudicated father.
16		(a) If a child has an acknowledged father, a signatory to
17		the acknowledgment of paternity or denial of paternity may
18		commence a proceeding seeking to rescind the acknowledgement or
19		denial or challenge the paternity of the child only within the
20		time allowed under Section 307 or 308.
21		(b) If a child has an acknowledged father or an adjudicated
22		father, an individual, other than the child, who is neither a
23		signatory to the acknowledgment of paternity nor a party to the
24		adjudication and who seeks an adjudication of paternity of the
25		child must commence a proceeding not later than two years after
26		the effective date of the acknowledgment or adjudication.
27		(c) A proceeding under this Section is subject to the
28		application of the principles of estoppel established in
29		Section 608.

30		Section 610. Joinder of proceedings.
31		(a) Except as otherwise provided in subsection (b), a
32		proceeding to adjudicate parentage may be joined with a
33		proceeding for adoption, termination of parental rights, child
34		custody or visitation, child support, dissolution of marriage,

1		divorce, annulment, legal separation or separate maintenance,
2		probate or administration of an estate, or other appropriate
3		proceeding.
4		(b) A respondent may not join a proceeding described in
5		subsection (a) with a proceeding to adjudicate parentage
6		brought under the Uniform Interstate Family Support Act.

7		Section 611. Proceeding before birth. A proceeding to
8		determine parentage may be commenced before the birth of the
9		child, but may not be concluded until after the birth of the
10		child. The following actions may be taken before the birth of
11		the child:
12		(1) service of process;
13		(2) discovery; and
14		(3) except as prohibited by Section 502, collection of
15		specimens for genetic testing.

16		Section 612. Child as party; representation.
17		(a) A minor child is a permissible party, but is not a
18		necessary party to a proceeding under this Article.
19		(b) The court shall appoint a guardian ad litem to
20		represent a minor or incapacitated child if the child is a
21		party or the court finds that the interests of the child are
22		not adequately represented.

PART 2. SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE

24		Section 621. Admissibility of results of genetic testing;
25		expenses.
26		(a) Except as otherwise provided in subsection (c), a
27		record of a genetic-testing expert is admissible as evidence of
28		the truth of the facts asserted in the report unless a party
29		objects to its admission within 14 days after its receipt by
30		the objecting party and cites specific grounds for exclusion.
31		The admissibility of the report is not affected by whether the
32		testing was performed:

1		(1) voluntarily or pursuant to an order of the court or
2		a support-enforcement agency; or
3		(2) before or after the commencement of the proceeding.
4		(b) A party objecting to the results of genetic testing may
5		call one or more genetic-testing experts to testify in person
6		or by telephone, videoconference, deposition, or another
7		method approved by the court. Unless otherwise ordered by the
8		court, the party offering the testimony bears the expense for
9		the expert testifying.
10		(c) If a child has a presumed, acknowledged, or adjudicated
11		father, the results of genetic testing are inadmissible to
12		adjudicate parentage unless performed:
13		(1) with the consent of both the mother and the
14		presumed, acknowledged, or adjudicated father; or
15		(2) pursuant to an order of the court under Section
16		502.
17		(d) Copies of bills for genetic testing and for prenatal
18		and postnatal health care for the mother and child which are
19		furnished to the adverse party not less than 10 days before the
20		date of a hearing are admissible to establish:
21		(1) the amount of the charges billed; and
22		(2) that the charges were reasonable, necessary, and
23		customary.

24		Section 622. Consequences of declining genetic testing.
25		(a) An order for genetic testing is enforceable by
26		contempt.
27		(b) If an individual whose paternity is being determined
28		declines to submit to genetic testing ordered by the court, the
29		court for that reason may adjudicate parentage contrary to the
30		position of that individual.
31		(c) Genetic testing of the mother of a child is not a
32		condition precedent to testing the child and a man whose
33		paternity is being determined. If the mother is unavailable or
34		declines to submit to genetic testing, the court may order the
35		testing of the child and every man whose paternity is being

1		adjudicated.

2		Section 623. Admission of paternity authorized.
3		(a) A respondent in a proceeding to adjudicate parentage
4		may admit to the paternity of a child by filing a pleading to
5		that effect or by admitting paternity under penalty of perjury
6		when making an appearance or during a hearing.
7		(b) If the court finds that the admission of paternity
8		satisfies the requirements of this Section and finds that there
9		is no reason to question the admission, the court shall issue
10		an order adjudicating the child to be the child of the man
11		admitting paternity.

12		Section 624. Temporary order.
13		(a) In a proceeding under this Article, the court shall
14		issue a temporary order for support of a child if the order is
15		appropriate and the individual ordered to pay support is:
16		(1) a presumed father of the child;
17		(2) petitioning to have his paternity adjudicated;
18		(3) identified as the father through genetic testing
19		under Section 505;
20		(4) an alleged father who has declined to submit to
21		genetic testing;
22		(5) shown by clear and convincing evidence to be the
23		father of the child; or
24		(6) the mother of the child.
25		(b) A temporary order may include provisions for custody
26		and visitation as provided by other law of this State.

PART 3. HEARINGS AND ADJUDICATION

28		Section 631. Rules for adjudication of paternity. The court
29		shall apply the following rules to adjudicate the paternity of
30		a child:
31		(1) The paternity of a child having a presumed,
32		acknowledged, or adjudicated father may be disproved only

1		by admissible results of genetic testing excluding that man
2		as the father of the child or identifying another man as
3		the father of the child.
4		(2) Unless the results of genetic testing are admitted
5		to rebut other results of genetic testing, a man identified
6		as the father of a child under Section 505 must be
7		adjudicated the father of the child.
8		(3) If the court finds that genetic testing under
9		Section 505 neither identifies nor excludes a man as the
10		father of a child, the court may not dismiss the
11		proceeding. In that event, the results of genetic testing,
12		and other evidence, are admissible to adjudicate the issue
13		of paternity.
14		(4) Unless the results of genetic testing are admitted
15		to rebut other results of genetic testing, a man excluded
16		as the father of a child by genetic testing must be
17		adjudicated not to be the father of the child.

18		Section 632. Jury prohibited. The court, without a jury,
19		shall adjudicate paternity of a child.

20		Section 633. Hearings; inspection of records.
21		(a) On request of a party and for good cause shown, the
22		court may close a proceeding under this Article.
23		(b) A final order in a proceeding under this Article is
24		available for public inspection. Other papers and records are
25		available only with the consent of the parties or on order of
26		the court for good cause.

27		Section 634. Order of default. The court shall issue an
28		order adjudicating the paternity of a man who:
29		(1) after service of process, is in default; and
30		(2) is found by the court to be the father of a child.

31		Section 635. Dismissal for want of prosecution. The court
32		may issue an order dismissing a proceeding commenced under this

1		Act for want of prosecution only without prejudice. An order of
2		dismissal for want of prosecution purportedly with prejudice is
3		void and has only the effect of a dismissal without prejudice.

4		Section 636. Order adjudicating parentage.
5		(a) The court shall issue an order adjudicating whether a
6		man alleged or claiming to be the father is the parent of the
7		child.
8		(b) An order adjudicating parentage must identify the child
9		by name and date of birth.
10		(c) Except as otherwise provided in subsection (d), the
11		court may assess filing fees, reasonable attorney's fees, fees
12		for genetic testing, other costs, and necessary travel and
13		other reasonable expenses incurred in a proceeding under this
14		Article. The court may award attorney's fees, which may be paid
15		directly to the attorney, who may enforce the order in the
16		attorney's own name.
17		(d) The court may not assess fees, costs, or expenses
18		against the support-enforcement agency of this State or another
19		state, except as provided by other law.
20		(e) On request of a party and for good cause shown, the
21		court may order that the name of the child be changed.
22		(f) If the order of the court is at variance with the
23		child's birth certificate, the court shall order the Illinois
24		Department of Public Health to issue an amended birth
25		registration.

26		Section 637. Binding effect of determination of parentage.
27		(a) Except as otherwise provided in subsection (b), a
28		determination of parentage is binding on:
29		(1) all signatories to an acknowledgement or denial of
30		paternity as provided in Article 3; and
31		(2) all parties to an adjudication by a court acting
32		under circumstances that satisfy the jurisdictional
33		requirements of Section 201 of the Uniform Interstate
34		Family Support Act.

1		(b) A child is not bound by a determination of parentage
2		under this Act unless:
3		(1) the determination was based on an unrescinded
4		acknowledgment of paternity and the acknowledgement is
5		consistent with the results of genetic testing;
6		(2) the adjudication of parentage was based on a
7		finding consistent with the results of genetic testing and
8		the consistency is declared in the determination or is
9		otherwise shown; or
10		(3) the child was a party or was represented in the
11		proceeding determining parentage by a guardian ad litem.
12		(c) In a proceeding to dissolve a marriage, the court is
13		deemed to have made an adjudication of the parentage of a child
14		if the court acts under circumstances that satisfy the
15		jurisdictional requirements of Section 201 of the Uniform
16		Interstate Family Support Act, and the final order:
17		(1) expressly identifies a child as a "child of the
18		marriage," "issue of the marriage," or similar words
19		indicating that the husband is the father of the child; or
20		(2) provides for support of the child by the husband
21		unless paternity is specifically disclaimed in the order.
22		(d) Except as otherwise provided in subsection (b), a
23		determination of parentage may be a defense in a subsequent
24		proceeding seeking to adjudicate parentage by an individual who
25		was not a party to the earlier proceeding.
26		(e) A party to an adjudication of paternity may challenge
27		the adjudication only under law of this State relating to
28		appeal, vacation of judgments, or other judicial review.

ARTICLE 7. CHILD OF ASSISTED REPRODUCTION

30		Section 701. Scope of Article. This Article does not apply
31		to the birth of a child conceived by means of sexual
32		intercourse, or as the result of a gestational agreement as
33		provided in Article 8.

1		Section 702. Parental status of donor. A donor is not a
2		parent of a child conceived by means of assisted reproduction.

3		Section 703. Paternity of child of assisted reproduction. A
4		man who provides sperm for, or consents to, assisted
5		reproduction by a woman as provided in Section 704 with the
6		intent to be the parent of her child, is a parent of the
7		resulting child.

8		Section 704. Consent to assisted reproduction.
9		(a) Consent by a woman, and a man who intends to be a
10		parent of a child born to the woman by assisted reproduction
11		must be in a record signed by the woman and the man. This
12		requirement does not apply to a donor.
13		(b) Failure of a man to sign a consent required by
14		subsection (a), before or after birth of the child, does not
15		preclude a finding of paternity if the woman and the man,
16		during the first two years of the child's life resided together
17		in the same household with the child and openly held out the
18		child as their own.

19		Section 705. Limitation on husband's dispute of paternity.
20		(a) Except as otherwise provided in subsection (b), the
21		husband of a wife who gives birth to a child by means of
22		assisted reproduction may not challenge his paternity of the
23		child unless:
24		(1) within two years after learning of the birth of the
25		child he commences a proceeding to adjudicate his
26		paternity; and
27		(2) the court finds that he did not consent to the
28		assisted reproduction, before or after birth of the child.
29		(b) A proceeding to adjudicate paternity may be maintained
30		at any time if the court determines that:
31		(1) the husband did not provide sperm for, or before or
32		after the birth of the child consent to, assisted
33		reproduction by his wife;

1		(2) the husband and the mother of the child have not
2		cohabited since the probable time of assisted
3		reproduction; and
4		(3) the husband never openly held out the child as his
5		own.
6		(c) The limitation provided in this Section applies to a
7		marriage declared invalid after assisted reproduction.

8		Section 706. Effect of dissolution of marriage or
9		withdrawal of consent.
10		(a) If a marriage is dissolved before placement of eggs,
11		sperm, or embryos, the former spouse is not a parent of the
12		resulting child unless the former spouse consented in a record
13		that if assisted reproduction were to occur after a divorce,
14		the former spouse would be a parent of the child.
15		(b) The consent of a woman or a man to assisted
16		reproduction may be withdrawn by that individual in a record at
17		any time before placement of eggs, sperm, or embryos. An
18		individual who withdraws consent under this Section is not a
19		parent of the resulting child.

20		Section 707. Parental status of deceased individual. If an
21		individual who consented in a record to be a parent by assisted
22		reproduction dies before placement of eggs, sperm, or embryos,
23		the deceased individual is not a parent of the resulting child
24		unless the deceased spouse consented in a record that if
25		assisted reproduction were to occur after death, the deceased
26		individual would be a parent of the child.

ARTICLE 8. GESTATIONAL AGREEMENT

28		Section 801. Gestational agreement authorized.
29		(a) A prospective gestational mother, her husband if she is
30		married, a donor or the donors, and the intended parents may
31		enter into a written agreement providing that:
32		(1) the prospective gestational mother agrees to

1		pregnancy by means of assisted reproduction;
2		(2) the prospective gestational mother, her husband if
3		she is married, and the donors relinquish all rights and
4		duties as the parents of a child conceived through assisted
5		reproduction; and
6		(3) the intended parents become the parents of the
7		child.
8		(b) The man and the woman who are the intended parents must
9		both be parties to the gestational agreement.
10		(c) A gestational agreement is enforceable only if
11		validated as provided in Section 803.
12		(d) A gestational agreement does not apply to the birth of
13		a child conceived by means of sexual intercourse.
14		(e) A gestational agreement may provide for payment of
15		consideration.
16		(f) A gestational agreement may not limit the right of the
17		gestational mother to make decisions to safeguard her health or
18		that of the embryos or fetus.

19		Section 802. Requirements of petition.
20		(a) The intended parents and the prospective gestational
21		mother may commence a proceeding in the circuit court to
22		validate a gestational agreement.
23		(b) A proceeding to validate a gestational agreement may
24		not be maintained unless:
25		(1) the mother or the intended parents have been
26		residents of this State for at least 90 days;
27		(2) the prospective gestational mother's husband, if
28		she is married, is joined in the proceeding; and
29		(3) a copy of the gestational agreement is attached to
30		the petition.

31		Section 803. Hearing to validate gestational agreement.
32		(a) If the requirements of subsection (b) are satisfied, a
33		court may issue an order validating the gestational agreement
34		and declaring that the intended parents will be the parents of

1		a child born during the term of the of the agreement.
2		(b) The court may issue an order under subsection (a) only
3		on finding that:
4		(1) the residence requirements of Section 802 have been
5		satisfied and the parties have submitted to the
6		jurisdiction of the court under the jurisdictional
7		standards of this Act;
8		(2) unless waived by the court, the Illinois Department
9		of Children and Family Services has made a home study of
10		the intended parents and the intended parents meet the
11		standards of suitability applicable to adoptive parents;
12		(3) all parties have voluntarily entered into the
13		agreement and understand its terms;
14		(4) adequate provision has been made for all reasonable
15		health-care expense associated with the gestational
16		agreement until the birth of the child, including
17		responsibility for those expenses if the agreement is
18		terminated; and
19		(5) the consideration, if any, paid to the prospective
20		gestational mother is reasonable.

21		Section 804. Inspection of records. The proceedings,
22		records, and identities of the individual parties to a
23		gestational agreement under this Article are subject to
24		inspection under the standards of confidentiality applicable
25		to adoptions as provided under other law of this State.

26		Section 805. Exclusive, continuing jurisdiction. Subject
27		to the jurisdictional standards of Section 201 of the Uniform
28		Child Custody Jurisdiction and Enforcement Act, the court
29		conducting a proceeding under this Article has exclusive,
30		continuing jurisdiction of all matters arising out of the
31		gestational agreement until a child born to the gestational
32		mother during the period governed by the agreement attains the
33		age of 180 days.

1		Section 806. Termination of gestational agreement.
2		(a) After issuance of an order under this Article, but
3		before the prospective gestational mother becomes pregnant by
4		means of assisted reproduction, the prospective gestational
5		mother, her husband, or either of the intended parents may
6		terminate the gestational agreement by giving written notice of
7		termination to all other parties.
8		(b) The court for good cause shown may terminate the
9		gestational agreement.
10		(c) An individual who terminates a gestational agreement
11		shall file notice of the termination with the court. On receipt
12		of the notice, the court shall vacate the order issued under
13		this Article. An individual who does not notify the court of
14		the termination of the agreement is subject to appropriate
15		sanctions.
16		(d) Neither a prospective gestational mother nor her
17		husband, if any, is liable to the intended parents for
18		terminating a gestational agreement pursuant to this Section.

19		Section 807. Parentage under validated gestational
20		agreement.
21		(a) Upon birth of a child to a gestational mother, the
22		intended parents shall file notice with the court that a child
23		has been born to the gestational mother within 300 days after
24		assisted reproduction. Thereupon, the court shall issue an
25		order:
26		(1) confirming that the intended parents are the
27		parents of the child;
28		(2) if necessary, ordering that the child be
29		surrendered to the intended parents; and
30		(3) directing the Illinois Department of Public Health
31		to issue a birth certificate naming the intended parents as
32		parents of the child.
33		(b) If the parentage of a child born to a gestational
34		mother is alleged not to be the result of assisted
35		reproduction, the court shall order genetic testing to

1		determine the parentage of the child.
2		(c) If the intended parents fail to file notice required
3		under subsection (a), the gestational mother or the appropriate
4		State agency may file notice with the court that a child has
5		been born to the gestational mother within 300 days after
6		assisted reproduction. Upon proof of a court order issued
7		pursuant to Section 803 validating the gestational agreement,
8		the court shall order the intended parents are the parents of
9		the child and are financially responsible for the child.

10		Section 808. Gestational agreement: effect of subsequent
11		marriage. After the issuance of an order under this Article,
12		subsequent marriage of the gestational mother does not affect
13		the validity of a gestational agreement, her husband's consent
14		to the agreement is not required, and her husband is not a
15		presumed father of the resulting child.

16		Section 809. Effect of nonvalidated gestational agreement.
17		(a) A gestational agreement, whether in a record or not,
18		that is not judicially validated is not enforceable.
19		(b) If a birth results under a gestational agreement that
20		is not judicially validated as provided in this Article, the
21		parent-child relationship is determined as provided in Article
22		2.
23		(c) Individuals who are parties to a nonvalidated
24		gestational agreement as intended parents may be held liable
25		for support of the resulting child, even if the agreement is
26		otherwise unenforceable. The liability under this subsection
27		includes assessing all expenses and fees as provided in Section
28		636.

ARTICLE 9. MISCELLANEOUS PROVISIONS

30		Section 901. Uniformity of application and construction.
31		In applying and construing this Uniform Act, consideration must
32		be given to the need to promote uniformity of the law with

1		respect to its subject matter among states that enact it.

2		Section 902. Severability clause. If any provision of this
3		Act or its application to an individual or circumstance is held
4		invalid, the invalidity does not affect other provisions or
5		applications of this Act which can be given effect without the
6		invalid provision or application, and to this end the
7		provisions of this Act are severable.

8

Section 903. Time of taking effect. (Blank).

9		(750 ILCS 40/Act rep.)
10		(750 ILCS 45/Act rep.)
11		(750 ILCS 50/12a rep.)
12		Section 904. Repeal. The following Acts and parts of Acts
13		are repealed:
14		(1) The Illinois Parentage Act.
15		(2) The Illinois Parentage Act of 1984.
16		(3) Section 12a of the Adoption Act.

17		Section 905. Transitional provision. A proceeding to
18		adjudicate parentage which was commenced before the effective
19		date of this Act is governed by the law in effect at the time
20		the proceeding was commenced.

21		Section 905.1. The Department of Employment Security Law of
22		the Civil Administrative Code of Illinois is amended by
23		changing Section 1005-130 as follows:
24		(20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
25		Sec. 1005-130. Exchange of information for child support
26		enforcement.
27		(a) The Department has the power to exchange with the
28		Illinois Department of Public Aid information that may be
29		necessary for the enforcement of child support orders entered
30		pursuant to the Illinois Public Aid Code, the Illinois Marriage

1		and Dissolution of Marriage Act, the Non-Support of Spouse and
2		Children Act, the Non-Support Punishment Act, the Revised
3		Uniform Reciprocal Enforcement of Support Act, the Uniform
4		Interstate Family Support Act, or the Illinois Parentage Act of
5		1984, or the Uniform Parentage Act (2000).
6		(b) Notwithstanding any provisions in the Civil
7		Administrative Code of Illinois to the contrary, the Department
8		of Employment Security shall not be liable to any person for
9		any disclosure of information to the Illinois Department of
10		Public Aid under subsection (a) or for any other action taken
11		in good faith to comply with the requirements of subsection
12		(a).
13		(Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99; 92-16,
14		eff. 6-28-01.)

15		Section 905.2. The Department of Professional Regulation
16		Law of the Civil Administrative Code of Illinois is amended by
17		changing Section 2105-15 as follows:
18		(20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
19		Sec. 2105-15. General powers and duties.
20		(a) The Department has, subject to the provisions of the
21		Civil Administrative Code of Illinois, the following powers and
22		duties:
23		(1) To authorize examinations in English to ascertain
24		the qualifications and fitness of applicants to exercise
25		the profession, trade, or occupation for which the
26		examination is held.
27		(2) To prescribe rules and regulations for a fair and
28		wholly impartial method of examination of candidates to
29		exercise the respective professions, trades, or
30		occupations.
31		(3) To pass upon the qualifications of applicants for
32		licenses, certificates, and authorities, whether by
33		examination, by reciprocity, or by endorsement.
34		(4) To prescribe rules and regulations defining, for

1		the respective professions, trades, and occupations, what
2		shall constitute a school, college, or university, or
3		department of a university, or other institution,
4		reputable and in good standing, and to determine the
5		reputability and good standing of a school, college, or
6		university, or department of a university, or other
7		institution, reputable and in good standing, by reference
8		to a compliance with those rules and regulations; provided,
9		that no school, college, or university, or department of a
10		university, or other institution that refuses admittance
11		to applicants solely on account of race, color, creed, sex,
12		or national origin shall be considered reputable and in
13		good standing.
14		(5) To conduct hearings on proceedings to revoke,
15		suspend, refuse to renew, place on probationary status, or
16		take other disciplinary action as authorized in any
17		licensing Act administered by the Department with regard to
18		licenses, certificates, or authorities of persons
19		exercising the respective professions, trades, or
20		occupations and to revoke, suspend, refuse to renew, place
21		on probationary status, or take other disciplinary action
22		as authorized in any licensing Act administered by the
23		Department with regard to those licenses, certificates, or
24		authorities. The Department shall issue a monthly
25		disciplinary report. The Department shall deny any license
26		or renewal authorized by the Civil Administrative Code of
27		Illinois to any person who has defaulted on an educational
28		loan or scholarship provided by or guaranteed by the
29		Illinois Student Assistance Commission or any governmental
30		agency of this State; however, the Department may issue a
31		license or renewal if the aforementioned persons have
32		established a satisfactory repayment record as determined
33		by the Illinois Student Assistance Commission or other
34		appropriate governmental agency of this State.
35		Additionally, beginning June 1, 1996, any license issued by
36		the Department may be suspended or revoked if the

1		Department, after the opportunity for a hearing under the
2		appropriate licensing Act, finds that the licensee has
3		failed to make satisfactory repayment to the Illinois
4		Student Assistance Commission for a delinquent or
5		defaulted loan. For the purposes of this Section,
6		"satisfactory repayment record" shall be defined by rule.
7		The Department shall refuse to issue or renew a license to,
8		or shall suspend or revoke a license of, any person who,
9		after receiving notice, fails to comply with a subpoena or
10		warrant relating to a paternity or child support
11		proceeding. However, the Department may issue a license or
12		renewal upon compliance with the subpoena or warrant.
13		The Department, without further process or hearings,
14		shall revoke, suspend, or deny any license or renewal
15		authorized by the Civil Administrative Code of Illinois to
16		a person who is certified by the Illinois Department of
17		Public Aid as being more than 30 days delinquent in
18		complying with a child support order or who is certified by
19		a court as being in violation of the Non-Support Punishment
20		Act for more than 60 days. The Department may, however,
21		issue a license or renewal if the person has established a
22		satisfactory repayment record as determined by the
23		Illinois Department of Public Aid or if the person is
24		determined by the court to be in compliance with the
25		Non-Support Punishment Act. The Department may implement
26		this paragraph as added by Public Act 89-6 through the use
27		of emergency rules in accordance with Section 5-45 of the
28		Illinois Administrative Procedure Act. For purposes of the
29		Illinois Administrative Procedure Act, the adoption of
30		rules to implement this paragraph shall be considered an
31		emergency and necessary for the public interest, safety,
32		and welfare.
33		(6) To transfer jurisdiction of any realty under the
34		control of the Department to any other department of the
35		State Government or to acquire or accept federal lands when
36		the transfer, acquisition, or acceptance is advantageous

1		to the State and is approved in writing by the Governor.
2		(7) To formulate rules and regulations necessary for
3		the enforcement of any Act administered by the Department.
4		(8) To exchange with the Illinois Department of Public
5		Aid information that may be necessary for the enforcement
6		of child support orders entered pursuant to the Illinois
7		Public Aid Code, the Illinois Marriage and Dissolution of
8		Marriage Act, the Non-Support of Spouse and Children Act,
9		the Non-Support Punishment Act, the Revised Uniform
10		Reciprocal Enforcement of Support Act, the Uniform
11		Interstate Family Support Act, or the Illinois Parentage
12		Act of 1984, or the Uniform Parentage Act (2000).
13		Notwithstanding any provisions in this Code to the
14		contrary, the Department of Professional Regulation shall
15		not be liable under any federal or State law to any person
16		for any disclosure of information to the Illinois
17		Department of Public Aid under this paragraph (8) or for
18		any other action taken in good faith to comply with the
19		requirements of this paragraph (8).
20		(9) To perform other duties prescribed by law.
21		(b) The Department may, when a fee is payable to the
22		Department for a wall certificate of registration provided by
23		the Department of Central Management Services, require that
24		portion of the payment for printing and distribution costs be
25		made directly or through the Department to the Department of
26		Central Management Services for deposit into the Paper and
27		Printing Revolving Fund. The remainder shall be deposited into
28		the General Revenue Fund.
29		(c) For the purpose of securing and preparing evidence, and
30		for the purchase of controlled substances, professional
31		services, and equipment necessary for enforcement activities,
32		recoupment of investigative costs, and other activities
33		directed at suppressing the misuse and abuse of controlled
34		substances, including those activities set forth in Sections
35		504 and 508 of the Illinois Controlled Substances Act, the
36		Director and agents appointed and authorized by the Director

1		may expend sums from the Professional Regulation Evidence Fund
2		that the Director deems necessary from the amounts appropriated
3		for that purpose. Those sums may be advanced to the agent when
4		the Director deems that procedure to be in the public interest.
5		Sums for the purchase of controlled substances, professional
6		services, and equipment necessary for enforcement activities
7		and other activities as set forth in this Section shall be
8		advanced to the agent who is to make the purchase from the
9		Professional Regulation Evidence Fund on vouchers signed by the
10		Director. The Director and those agents are authorized to
11		maintain one or more commercial checking accounts with any
12		State banking corporation or corporations organized under or
13		subject to the Illinois Banking Act for the deposit and
14		withdrawal of moneys to be used for the purposes set forth in
15		this Section; provided, that no check may be written nor any
16		withdrawal made from any such account except upon the written
17		signatures of 2 persons designated by the Director to write
18		those checks and make those withdrawals. Vouchers for those
19		expenditures must be signed by the Director. All such
20		expenditures shall be audited by the Director, and the audit
21		shall be submitted to the Department of Central Management
22		Services for approval.
23		(d) Whenever the Department is authorized or required by
24		law to consider some aspect of criminal history record
25		information for the purpose of carrying out its statutory
26		powers and responsibilities, then, upon request and payment of
27		fees in conformance with the requirements of Section 2605-400
28		of the Department of State Police Law (20 ILCS 2605/2605-400),
29		the Department of State Police is authorized to furnish,
30		pursuant to positive identification, the information contained
31		in State files that is necessary to fulfill the request.
32		(e) The provisions of this Section do not apply to private
33		business and vocational schools as defined by Section 1 of the
34		Private Business and Vocational Schools Act.
35		(f) Beginning July 1, 1995, this Section does not apply to
36		those professions, trades, and occupations licensed under the

1		Real Estate License Act of 2000, nor does it apply to any
2		permits, certificates, or other authorizations to do business
3		provided for in the Land Sales Registration Act of 1989 or the
4		Illinois Real Estate Time-Share Act.
5		(Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
6		91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)

7		Section 905.3. The Department of Revenue Law of the Civil
8		Administrative Code of Illinois is amended by changing Section
9		2505-65 as follows:
10		(20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
11		Sec. 2505-65. Exchange of information.
12		(a) The Department has the power to exchange with any
13		state, with any local subdivisions of any state, or with the
14		federal government, except when specifically prohibited by
15		law, any information that may be necessary to efficient tax
16		administration and that may be acquired as a result of the
17		administration of the laws set forth in the Sections following
18		Section 95-10 and preceding Section 2505-60.
19		(b) The Department has the power to exchange with the
20		Illinois Department of Public Aid information that may be
21		necessary for the enforcement of child support orders entered
22		pursuant to the Illinois Public Aid Code, the Illinois Marriage
23		and Dissolution of Marriage Act, the Non-Support of Spouse and
24		Children Act, the Non-Support Punishment Act, the Revised
25		Uniform Reciprocal Enforcement of Support Act, the Uniform
26		Interstate Family Support Act, or the Illinois Parentage Act of
27		1984, or the Uniform Parentage Act (2000). Notwithstanding any
28		provisions in this Code to the contrary, the Department of
29		Revenue shall not be liable to any person for any disclosure of
30		information to the Illinois Department of Public Aid under this
31		subsection (b) or for any other action taken in good faith to
32		comply with the requirements of this subsection (b).
33		(Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99; 92-16,
34		eff. 6-28-01.)

1		Section 905.4. The Counties Code is amended by changing
2		Section 3-5036.5 as follows:
3		(55 ILCS 5/3-5036.5)
4		Sec. 3-5036.5. Exchange of information for child support
5		enforcement.
6		(a) The Recorder shall exchange with the Illinois
7		Department of Public Aid information that may be necessary for
8		the enforcement of child support orders entered pursuant to the
9		Illinois Public Aid Code, the Illinois Marriage and Dissolution
10		of Marriage Act, the Non-Support of Spouse and Children Act,
11		the Non-Support Punishment Act, the Revised Uniform Reciprocal
12		Enforcement of Support Act, the Uniform Interstate Family
13		Support Act, or the Illinois Parentage Act of 1984, or the
14		Uniform Parentage Act (2000).
15		(b) Notwithstanding any provisions in this Code to the
16		contrary, the Recorder shall not be liable to any person for
17		any disclosure of information to the Illinois Department of
18		Public Aid under subsection (a) or for any other action taken
19		in good faith to comply with the requirements of subsection
20		(a).
21		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)

22		Section 905.5. The Collection Agency Act is amended by
23		changing Section 2.04 as follows:
24		(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
25		(Section scheduled to be repealed on January 1, 2006)
26		Sec. 2.04. Child support indebtedness.
27		(a) Persons, associations, partnerships, or corporations
28		engaged in the business of collecting child support
29		indebtedness owing under a court order as provided under the
30		Illinois Public Aid Code, the Illinois Marriage and Dissolution
31		of Marriage Act, the Non-Support of Spouse and Children Act,
32		the Non-Support Punishment Act, the Illinois Parentage Act of

1		1984, the Uniform Parentage Act (2000), or similar laws of
2		other states are not restricted (i) in the frequency of contact
3		with an obligor who is in arrears, whether by phone, mail, or
4		other means, (ii) from contacting the employer of an obligor
5		who is in arrears, (iii) from publishing or threatening to
6		publish a list of obligors in arrears, (iv) from disclosing or
7		threatening to disclose an arrearage that the obligor disputes,
8		but for which a verified notice of delinquency has been served
9		under the Income Withholding for Support Act (or any of its
10		predecessors, Section 10-16.2 of the Illinois Public Aid Code,
11		Section 706.1 of the Illinois Marriage and Dissolution of
12		Marriage Act, Section 4.1 of the Non-Support of Spouse and
13		Children Act, Section 26.1 of the Revised Uniform Reciprocal
14		Enforcement of Support Act, or Section 20 of the Illinois
15		Parentage Act of 1984), or (v) from engaging in conduct that
16		would not cause a reasonable person mental or physical illness.
17		For purposes of this subsection, "obligor" means an individual
18		who owes a duty to make periodic payments, under a court order,
19		for the support of a child. "Arrearage" means the total amount
20		of an obligor's unpaid child support obligations.
21		(b) The Department shall adopt rules necessary to
22		administer and enforce the provisions of this Section.
23		(Source: P.A. 90-673, eff. 1-1-99; 91-613, eff. 10-1-99.)

24		Section 905.6. The Illinois Public Aid Code is amended by
25		changing Sections 10-3.1, 10-17.7, 10-19, 10-25, 10-25.5, and
26		12-4.7c as follows:
27		(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
28		Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
29		Department shall establish within its administrative staff a
30		Child and Spouse Support Unit to search for and locate absent
31		parents and spouses liable for the support of persons resident
32		in this State and to exercise the support enforcement powers
33		and responsibilities assigned the Department by this Article.
34		The unit shall cooperate with all law enforcement officials in

1		this State and with the authorities of other States in locating
2		persons responsible for the support of persons resident in
3		other States and shall invite the cooperation of these
4		authorities in the performance of its duties.
5		In addition to other duties assigned the Child and Spouse
6		Support Unit by this Article, the Unit may refer to the
7		Attorney General or units of local government with the approval
8		of the Attorney General, any actions under Sections 10-10 and
9		10-15 for judicial enforcement of the support liability. The
10		Child and Spouse Support Unit shall act for the Department in
11		referring to the Attorney General support matters requiring
12		judicial enforcement under other laws. If requested by the
13		Attorney General to so act, as provided in Section 12-16,
14		attorneys of the Unit may assist the Attorney General or
15		themselves institute actions in behalf of the Illinois
16		Department under the Revised Uniform Reciprocal Enforcement of
17		Support Act; under the Illinois Parentage Act of 1984 or under
18		the Uniform Parentage Act (2000); under the Non-Support of
19		Spouse and Children Act; under the Non-Support Punishment Act;
20		or under any other law, State or Federal, providing for support
21		of a spouse or dependent child.
22		The Illinois Department shall also have the authority to
23		enter into agreements with local governmental units or
24		individuals, with the approval of the Attorney General, for the
25		collection of moneys owing because of the failure of a parent
26		to make child support payments for any child receiving services
27		under this Article. Such agreements may be on a contingent fee
28		basis, but such contingent fee shall not exceed 25% of the
29		total amount collected.
30		An attorney who provides representation pursuant to this
31		Section shall represent the Illinois Department exclusively.
32		Regardless of the designation of the plaintiff in an action
33		brought pursuant to this Section, an attorney-client
34		relationship does not exist for purposes of that action between
35		that attorney and (i) an applicant for or recipient of child
36		support enforcement services or (ii) any other party to the

1		action other than the Illinois Department. Nothing in this
2		Section shall be construed to modify any power or duty
3		(including a duty to maintain confidentiality) of the Child and
4		Spouse Support Unit or the Illinois Department otherwise
5		provided by law.
6		The Illinois Department may also enter into agreements with
7		local governmental units for the Child and Spouse Support Unit
8		to exercise the investigative and enforcement powers
9		designated in this Article, including the issuance of
10		administrative orders under Section 10-11, in locating
11		responsible relatives and obtaining support for persons
12		applying for or receiving aid under Article VI. Payments for
13		defrayment of administrative costs and support payments
14		obtained shall be deposited into the DHS Recoveries Trust Fund.
15		Support payments shall be paid over to the General Assistance
16		Fund of the local governmental unit at such time or times as
17		the agreement may specify.
18		With respect to those cases in which it has support
19		enforcement powers and responsibilities under this Article,
20		the Illinois Department may provide by rule for periodic or
21		other review of each administrative and court order for support
22		to determine whether a modification of the order should be
23		sought. The Illinois Department shall provide for and conduct
24		such review in accordance with any applicable federal law and
25		regulation.
26		As part of its process for review of orders for support,
27		the Illinois Department, through written notice, may require
28		the responsible relative to disclose his or her Social Security
29		Number and past and present information concerning the
30		relative's address, employment, gross wages, deductions from
31		gross wages, net wages, bonuses, commissions, number of
32		dependent exemptions claimed, individual and dependent health
33		insurance coverage, and any other information necessary to
34		determine the relative's ability to provide support in a case
35		receiving child support enforcement services under this
36		Article X.

1		The Illinois Department may send a written request for the
2		same information to the relative's employer. The employer shall
3		respond to the request for information within 15 days after the
4		date the employer receives the request. If the employer
5		willfully fails to fully respond within the 15-day period, the
6		employer shall pay a penalty of $100 for each day that the
7		response is not provided to the Illinois Department after the
8		15-day period has expired. The penalty may be collected in a
9		civil action which may be brought against the employer in favor
10		of the Illinois Department.
11		A written request for information sent to an employer
12		pursuant to this Section shall consist of (i) a citation of
13		this Section as the statutory authority for the request and for
14		the employer's obligation to provide the requested
15		information, (ii) a returnable form setting forth the
16		employer's name and address and listing the name of the
17		employee with respect to whom information is requested, and
18		(iii) a citation of this Section as the statutory authority
19		authorizing the employer to withhold a fee of up to $20 from
20		the wages or income to be paid to each responsible relative for
21		providing the information to the Illinois Department within the
22		15-day period. If the employer is withholding support payments
23		from the responsible relative's income pursuant to an order for
24		withholding, the employer may withhold the fee provided for in
25		this Section only after withholding support as required under
26		the order. Any amounts withheld from the responsible relative's
27		income for payment of support and the fee provided for in this
28		Section shall not be in excess of the amounts permitted under
29		the federal Consumer Credit Protection Act.
30		In a case receiving child support enforcement services, the
31		Illinois Department may request and obtain information from a
32		particular employer under this Section no more than once in any
33		12-month period, unless the information is necessary to conduct
34		a review of a court or administrative order for support at the
35		request of the person receiving child support enforcement
36		services.

1		The Illinois Department shall establish and maintain an
2		administrative unit to receive and transmit to the Child and
3		Spouse Support Unit information supplied by persons applying
4		for or receiving child support enforcement services under
5		Section 10-1. In addition, the Illinois Department shall
6		address and respond to any alleged deficiencies that persons
7		receiving or applying for services from the Child and Spouse
8		Support Unit may identify concerning the Child and Spouse
9		Support Unit's provision of child support enforcement
10		services. Within 60 days after an action or failure to act by
11		the Child and Spouse Support Unit that affects his or her case,
12		a recipient of or applicant for child support enforcement
13		services under Article X of this Code may request an
14		explanation of the Unit's handling of the case. At the
15		requestor's option, the explanation may be provided either
16		orally in an interview, in writing, or both. If the Illinois
17		Department fails to respond to the request for an explanation
18		or fails to respond in a manner satisfactory to the applicant
19		or recipient within 30 days from the date of the request for an
20		explanation, the applicant or recipient may request a
21		conference for further review of the matter by the Office of
22		the Administrator of the Child and Spouse Support Unit. A
23		request for a conference may be submitted at any time within 60
24		days after the explanation has been provided by the Child and
25		Spouse Support Unit or within 60 days after the time for
26		providing the explanation has expired.
27		The applicant or recipient may request a conference
28		concerning any decision denying or terminating child support
29		enforcement services under Article X of this Code, and the
30		applicant or recipient may also request a conference concerning
31		the Unit's failure to provide services or the provision of
32		services in an amount or manner that is considered inadequate.
33		For purposes of this Section, the Child and Spouse Support Unit
34		includes all local governmental units or individuals with whom
35		the Illinois Department has contracted under Section 10-3.1.
36		Upon receipt of a timely request for a conference, the

1		Office of the Administrator shall review the case. The
2		applicant or recipient requesting the conference shall be
3		entitled, at his or her option, to appear in person or to
4		participate in the conference by telephone. The applicant or
5		recipient requesting the conference shall be entitled to be
6		represented and to be afforded a reasonable opportunity to
7		review the Illinois Department's file before or at the
8		conference. At the conference, the applicant or recipient
9		requesting the conference shall be afforded an opportunity to
10		present all relevant matters in support of his or her claim.
11		Conferences shall be without cost to the applicant or recipient
12		requesting the conference and shall be conducted by a
13		representative of the Child or Spouse Support Unit who did not
14		participate in the action or inaction being reviewed.
15		The Office of the Administrator shall conduct a conference
16		and inform all interested parties, in writing, of the results
17		of the conference within 60 days from the date of filing of the
18		request for a conference.
19		In addition to its other powers and responsibilities
20		established by this Article, the Child and Spouse Support Unit
21		shall conduct an annual assessment of each institution's
22		program for institution based paternity establishment under
23		Section 12 of the Vital Records Act.
24		(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16,
25		eff. 6-28-01; 92-590, eff. 7-1-02.)
26		(305 ILCS 5/10-17.7)
27		Sec. 10-17.7. Administrative determination of paternity.
28		The Illinois Department may provide by rule for the
29		administrative determination of paternity by the Child and
30		Spouse Support Unit in cases involving applicants for or
31		recipients of financial aid under Article IV of this Act and
32		other persons who are given access to the child support
33		enforcement services of this Article as provided in Section
34		10-1, including persons similarly situated and receiving
35		similar services in other states. The rules shall extend to

1		cases in which the mother and alleged father voluntarily
2		acknowledge paternity in the form required by the Illinois
3		Department or agree to be bound by the results of genetic
4		testing or in which the alleged father has failed to respond to
5		a notification of support obligation issued under Section 10-4
6		and to cases of contested paternity. Any presumption provided
7		for under the Illinois Parentage Act of 1984 or under the
8		Uniform Parentage Act (2000) shall apply to cases in which
9		paternity is determined under the rules of the Illinois
10		Department. The rules shall provide for notice and an
11		opportunity to be heard by the responsible relative and the
12		person receiving child support enforcement services under this
13		Article if paternity is not voluntarily acknowledged, and any
14		final administrative decision rendered by the Illinois
15		Department shall be reviewed only under and in accordance with
16		the Administrative Review Law. Determinations of paternity
17		made by the Illinois Department under the rules authorized by
18		this Section shall have the full force and effect of a court
19		judgment of paternity entered under the Illinois Parentage Act
20		of 1984 or under the Uniform Parentage Act (2000).
21		In determining paternity in contested cases, the Illinois
22		Department shall conduct the evidentiary hearing in accordance
23		with Article 6 of the Uniform Parentage Act (2000) Section 11
24		of the Parentage Act of 1984, except that references in that
25		Article Section to "the court" shall be deemed to mean the
26		Illinois Department's hearing officer in cases in which
27		paternity is determined administratively by the Illinois
28		Department.
29		Notwithstanding any other provision of this Article, a
30		default determination of paternity may be made if service of
31		the notice under Section 10-4 was made by publication under the
32		rules for administrative paternity determination authorized by
33		this Section. The rules as they pertain to service by
34		publication shall (i) be based on the provisions of Section
35		2-206 and 2-207 of the Code of Civil Procedure, (ii) provide
36		for service by publication in cases in which the whereabouts of

1		the alleged father are unknown after diligent location efforts
2		by the Child and Spouse Support Unit, and (iii) provide for
3		publication of a notice of default paternity determination in
4		the same manner that the notice under Section 10-4 was
5		published.
6		The Illinois Department may implement this Section through
7		the use of emergency rules in accordance with Section 5-45 of
8		the Illinois Administrative Procedure Act. For purposes of the
9		Illinois Administrative Procedure Act, the adoption of rules to
10		implement this Section shall be considered an emergency and
11		necessary for the public interest, safety, and welfare.
12		(Source: P.A. 92-590, eff. 7-1-02.)
13		(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
14		Sec. 10-19. Support Payments Ordered Under Other Laws;
15		where deposited. The Illinois Department and local
16		governmental units are authorized to receive payments directed
17		by court order for the support of recipients, as provided in
18		the following Acts:
19		1. "Non-Support of Spouse and Children Act", approved June
20		24, 1915, as amended,
21		1.5. The Non-Support Punishment Act,
22		2. "Illinois Marriage and Dissolution of Marriage Act", as
23		now or hereafter amended,
24		3. The Illinois Parentage Act, as amended,
25		3.5. The Uniform Parentage Act (2000),
26		4. "Revised Uniform Reciprocal Enforcement of Support
27		Act", approved August 28, 1969, as amended,
28		5. The Juvenile Court Act or the Juvenile Court Act of
29		1987, as amended,
30		6. The "Unified Code of Corrections", approved July 26,
31		1972, as amended,
32		7. Part 7 of Article XII of the Code of Civil Procedure, as
33		amended,
34		8. Part 8 of Article XII of the Code of Civil Procedure, as
35		amended, and

1		9. Other laws which may provide by judicial order for
2		direct payment of support moneys.
3		Payments under this Section to the Illinois Department
4		pursuant to the Child Support Enforcement Program established
5		by Title IV-D of the Social Security Act shall be paid into the
6		Child Support Enforcement Trust Fund. All payments under this
7		Section to the Illinois Department of Human Services shall be
8		deposited in the DHS Recoveries Trust Fund. Disbursements from
9		these funds shall be as provided in Sections 12-9.1 and 12-10.2
10		of this Code. Payments received by a local governmental unit
11		shall be deposited in that unit's General Assistance Fund.
12		To the extent the provisions of this Section are
13		inconsistent with the requirements pertaining to the State
14		Disbursement Unit under Sections 10-10.4 and 10-26 of this
15		Code, the requirements pertaining to the State Disbursement
16		Unit shall apply.
17		(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
18		eff. 10-1-99; 92-16, eff. 6-28-01.)
19		(305 ILCS 5/10-25)
20		Sec. 10-25. Administrative liens and levies on real
21		property for past-due child support.
22		(a) The State shall have a lien on all legal and equitable
23		interests of responsible relatives in their real property in
24		the amount of past-due child support owing pursuant to an order
25		for child support entered under Sections 10-10 and 10-11 of
26		this Code, or under the Illinois Marriage and Dissolution of
27		Marriage Act, the Non-Support of Spouse and Children Act, the
28		Non-Support Punishment Act, the Uniform Interstate Family
29		Support Act, or the Illinois Parentage Act of 1984, or the
30		Uniform Parentage Act (2000).
31		(b) The Illinois Department shall provide by rule for
32		notice to and an opportunity to be heard by each responsible
33		relative affected, and any final administrative decision
34		rendered by the Illinois Department shall be reviewed only
35		under and in accordance with the Administrative Review Law.

1		(c) When enforcing a lien under subsection (a) of this
2		Section, the Illinois Department shall have the authority to
3		execute notices of administrative liens and levies, which shall
4		contain the name and address of the responsible relative, a
5		legal description of the real property to be levied, the fact
6		that a lien is being claimed for past-due child support, and
7		such other information as the Illinois Department may by rule
8		prescribe. The Illinois Department shall record the notice of
9		lien with the recorder or registrar of titles of the county or
10		counties in which the real estate is located.
11		(d) The State's lien under subsection (a) shall be
12		enforceable upon the recording or filing of a notice of lien
13		with the recorder or registrar of titles of the county or
14		counties in which the real estate is located. The lien shall be
15		prior to any lien thereafter recorded or filed and shall be
16		notice to a subsequent purchaser, assignor, or encumbrancer of
17		the existence and nature of the lien. The lien shall be
18		inferior to the lien of general taxes, special assessment, and
19		special taxes heretofore or hereafter levied by any political
20		subdivision or municipal corporation of the State.
21		In the event that title to the land to be affected by the
22		notice of lien is registered under the Registered Titles
23		(Torrens) Act, the notice shall be filed in the office of the
24		registrar of titles as a memorial or charge upon each folium of
25		the register of titles affected by the notice; but the State
26		shall not have a preference over the rights of any bona fide
27		purchaser, mortgagee, judgment creditor, or other lien holders
28		registered prior to the registration of the notice.
29		(e) The recorder or registrar of titles of each county
30		shall procure a file labeled "Child Support Lien Notices" and
31		an index book labeled "Child Support Lien Notices". When notice
32		of any lien is presented to the recorder or registrar of titles
33		for filing, the recorder or registrar of titles shall file it
34		in numerical order in the file and shall enter it
35		alphabetically in the index. The entry shall show the name and
36		last known address of the person named in the notice, the

1		serial number of the notice, the date and hour of filing, and
2		the amount of child support due at the time when the lien is
3		filed.
4		(f) The Illinois Department shall not be required to
5		furnish bond or make a deposit for or pay any costs or fees of
6		any court or officer thereof in any legal proceeding involving
7		the lien.
8		(g) To protect the lien of the State for past-due child
9		support, the Illinois Department may, from funds that are
10		available for that purpose, pay or provide for the payment of
11		necessary or essential repairs, purchase tax certificates, pay
12		balances due on land contracts, or pay or cause to be satisfied
13		any prior liens on the property to which the lien hereunder
14		applies.
15		(h) A lien on real property under this Section shall be
16		released pursuant to Section 12-101 of the Code of Civil
17		Procedure.
18		(i) The Illinois Department, acting in behalf of the State,
19		may foreclose the lien in a judicial proceeding to the same
20		extent and in the same manner as in the enforcement of other
21		liens. The process, practice, and procedure for the foreclosure
22		shall be the same as provided in the Code of Civil Procedure.
23		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
24		(305 ILCS 5/10-25.5)
25		Sec. 10-25.5. Administrative liens and levies on personal
26		property for past-due child support.
27		(a) The State shall have a lien on all legal and equitable
28		interests of responsible relatives in their personal property,
29		including any account in a financial institution as defined in
30		Section 10-24, or in the case of an insurance company or
31		benefit association only in accounts as defined in Section
32		10-24, in the amount of past-due child support owing pursuant
33		to an order for child support entered under Sections 10-10 and
34		10-11 of this Code, or under the Illinois Marriage and
35		Dissolution of Marriage Act, the Non-Support of Spouse and

1		Children Act, the Non-Support Punishment Act, the Uniform
2		Interstate Family Support Act, or the Illinois Parentage Act of
3		1984, or the Uniform Parentage Act (2000).
4		(b) The Illinois Department shall provide by rule for
5		notice to and an opportunity to be heard by each responsible
6		relative affected, and any final administrative decision
7		rendered by the Illinois Department shall be reviewed only
8		under and in accordance with the Administrative Review Law.
9		(c) When enforcing a lien under subsection (a) of this
10		Section, the Illinois Department shall have the authority to
11		execute notices of administrative liens and levies, which shall
12		contain the name and address of the responsible relative, a
13		description of the property to be levied, the fact that a lien
14		is being claimed for past-due child support, and such other
15		information as the Illinois Department may by rule prescribe.
16		The Illinois Department may serve the notice of lien or levy
17		upon any financial institution where the accounts as defined in
18		Section 10-24 of the responsible relative may be held, for
19		encumbrance or surrender of the accounts as defined in Section
20		10-24 by the financial institution.
21		(d) The Illinois Department shall enforce its lien against
22		the responsible relative's personal property, other than
23		accounts as defined in Section 10-24 in financial institutions,
24		and levy upon such personal property in the manner provided for
25		enforcement of judgments contained in Article XII of the Code
26		of Civil Procedure.
27		(e) The Illinois Department shall not be required to
28		furnish bond or make a deposit for or pay any costs or fees of
29		any court or officer thereof in any legal proceeding involving
30		the lien.
31		(f) To protect the lien of the State for past-due child
32		support, the Illinois Department may, from funds that are
33		available for that purpose, pay or provide for the payment of
34		necessary or essential repairs, purchase tax certificates, or
35		pay or cause to be satisfied any prior liens on the property to
36		which the lien hereunder applies.

1		(g) A lien on personal property under this Section shall be
2		released in the manner provided under Article XII of the Code
3		of Civil Procedure. Notwithstanding the foregoing, a lien under
4		this Section on accounts as defined in Section 10-24 shall
5		expire upon the passage of 120 days from the date of issuance
6		of the Notice of Lien or Levy by the Illinois Department.
7		However, the lien shall remain in effect during the pendency of
8		any appeal or protest.
9		(h) A lien created under this Section is subordinate to any
10		prior lien of the financial institution or any prior lien
11		holder or any prior right of set-off that the financial
12		institution may have against the assets, or in the case of an
13		insurance company or benefit association only in the accounts
14		as defined in Section 10-24.
15		(i) A financial institution has no obligation under this
16		Section to hold, encumber, or surrender the assets, or in the
17		case of an insurance company or benefit association only the
18		accounts as defined in Section 10-24, until the financial
19		institution has been properly served with a subpoena, summons,
20		warrant, court or administrative order, or administrative lien
21		and levy requiring that action.
22		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
23		(305 ILCS 5/12-4.7c)
24		Sec. 12-4.7c. Exchange of information after July 1, 1997.
25		(a) The Department of Human Services shall exchange with
26		the Illinois Department of Public Aid information that may be
27		necessary for the enforcement of child support orders entered
28		pursuant to Sections 10-10 and 10-11 of this Code or pursuant
29		to the Illinois Marriage and Dissolution of Marriage Act, the
30		Non-Support of Spouse and Children Act, the Non-Support
31		Punishment Act, the Revised Uniform Reciprocal Enforcement of
32		Support Act, the Uniform Interstate Family Support Act, or the
33		Illinois Parentage Act of 1984, or the Uniform Parentage Act
34		(2000).
35		(b) Notwithstanding any provisions in this Code to the

1		contrary, the Department of Human Services shall not be liable
2		to any person for any disclosure of information to the Illinois
3		Department of Public Aid under subsection (a) or for any other
4		action taken in good faith to comply with the requirements of
5		subsection (a).
6		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)

7		Section 905.7. The Abandoned Newborn Infant Protection Act
8		is amended by changing Section 50 as follows:
9		(325 ILCS 2/50)
10		(Section scheduled to be repealed on July 1, 2007)
11		Sec. 50. Child-placing agency procedures.
12		(a) The Department's State Central Registry must maintain a
13		list of licensed child-placing agencies willing to take legal
14		custody of newborn infants relinquished in accordance with this
15		Act. The child-placing agencies on the list must be contacted
16		by the Department on a rotating basis upon notice from a
17		hospital that a newborn infant has been relinquished in
18		accordance with this Act.
19		(b) Upon notice from the Department that a newborn infant
20		has been relinquished in accordance with this Act, a
21		child-placing agency must accept the newborn infant if the
22		agency has the accommodations to do so. The child-placing
23		agency must seek an order for legal custody of the infant upon
24		its acceptance of the infant.
25		(c) Within 3 business days after assuming physical custody
26		of the infant, the child-placing agency shall file a petition
27		in the division of the circuit court in which petitions for
28		adoption would normally be heard. The petition shall allege
29		that the newborn infant has been relinquished in accordance
30		with this Act and shall state that the child-placing agency
31		intends to place the infant in an adoptive home.
32		(d) If no licensed child-placing agency is able to accept
33		the relinquished newborn infant, then the Department must
34		assume responsibility for the infant as soon as practicable.

1		(e) A custody order issued under subsection (b) shall
2		remain in effect until a final adoption order based on the
3		relinquished newborn infant's best interests is issued in
4		accordance with this Act and the Adoption Act.
5		(f) When possible, the child-placing agency must place a
6		relinquished newborn infant in a prospective adoptive home.
7		(g) The Department or child-placing agency must initiate
8		proceedings to (i) terminate the parental rights of the
9		relinquished newborn infant's known or unknown parents, (ii)
10		appoint a guardian for the infant, and (iii) obtain consent to
11		the infant's adoption in accordance with this Act no sooner
12		than 60 days following the date of the initial relinquishment
13		of the infant to the hospital, fire station, or emergency
14		medical facility.
15		(h) Before filing a petition for termination of parental
16		rights, the Department or child-placing agency must do the
17		following:
18		(1) Search its Putative Father Registry of Paternity
19		for the purpose of determining the identity and location of
20		the putative father of the relinquished newborn infant who
21		is, or is expected to be, the subject of an adoption
22		proceeding, in order to provide notice of the proceeding to
23		the putative father. At least one search of the Registry
24		must be conducted, at least 30 days after the relinquished
25		newborn infant's estimated date of birth; earlier searches
26		may be conducted, however. Notice to any potential putative
27		father discovered in a search of the Registry according to
28		the estimated age of the relinquished newborn infant must
29		be in accordance with Article 4 of the Uniform Parentage
30		Act (2000) Section 12a of the Adoption Act.
31		(2) Verify with law enforcement officials, using the
32		National Crime Information Center, that the relinquished
33		newborn infant is not a missing child.
34		(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)

35

Section 905.8. The Genetic Information Privacy Act is

1		amended by changing Sections 22 and 30 as follows:
2		(410 ILCS 513/22)
3		Sec. 22. Tests to determine inherited characteristics in
4		paternity proceedings. Nothing in this Act shall be construed
5		to affect or restrict in any way the ordering of or use of
6		results from deoxyribonucleic acid (DNA) testing or other tests
7		to determine inherited characteristics by the court in a
8		judicial proceeding under the Illinois Parentage Act of 1984 or
9		under the Uniform Parentage Act (2000) or by the Illinois
10		Department of Public Aid in an administrative paternity
11		proceeding under Article X of the Illinois Public Aid Code and
12		rules promulgated under that Article.
13		(Source: P.A. 90-25, eff. 1-1-98.)
14		(410 ILCS 513/30)
15		Sec. 30. Disclosure of person tested and test results.
16		(a) No person may disclose or be compelled to disclose the
17		identity of any person upon whom a genetic test is performed or
18		the results of a genetic test in a manner that permits
19		identification of the subject of the test, except to the
20		following persons:
21		(1) The subject of the test or the subject's legally
22		authorized representative. This paragraph does not create
23		a duty or obligation under which a health care provider
24		must notify the subject's spouse or legal guardian of the
25		test results, and no such duty or obligation shall be
26		implied. No civil liability or criminal sanction under this
27		Act shall be imposed for any disclosure or nondisclosure of
28		a test result to a spouse by a physician acting in good
29		faith under this paragraph. For the purpose of any
30		proceedings, civil or criminal, the good faith of any
31		physician acting under this paragraph shall be presumed.
32		(2) Any person designated in a specific written legally
33		effective release of the test results executed by the
34		subject of the test or the subject's legally authorized

1		representative.
2		(3) An authorized agent or employee of a health
3		facility or health care provider if the health facility or
4		health care provider itself is authorized to obtain the
5		test results, the agent or employee provides patient care,
6		and the agent or employee has a need to know the
7		information in order to conduct the tests or provide care
8		or treatment.
9		(4) A health facility or health care provider that
10		procures, processes, distributes, or uses:
11		(A) a human body part from a deceased person with
12		respect to medical information regarding that person;
13		or
14		(B) semen provided prior to the effective date of
15		this Act for the purpose of artificial insemination.
16		(5) Health facility staff committees for the purposes
17		of conducting program monitoring, program evaluation, or
18		service reviews.
19		(6) In the case of a minor under 18 years of age, the
20		health care provider who ordered the test shall make a
21		reasonable effort to notify the minor's parent or legal
22		guardian if, in the professional judgment of the health
23		care provider, notification would be in the best interest
24		of the minor and the health care provider has first sought
25		unsuccessfully to persuade the minor to notify the parent
26		or legal guardian or after a reasonable time after the
27		minor has agreed to notify the parent or legal guardian,
28		the health care provider has reason to believe that the
29		minor has not made the notification. This paragraph shall
30		not create a duty or obligation under which a health care
31		provider must notify the minor's parent or legal guardian
32		of the test results, nor shall a duty or obligation be
33		implied. No civil liability or criminal sanction under this
34		Act shall be imposed for any notification or
35		non-notification of a minor's test result by a health care
36		provider acting in good faith under this paragraph. For the

1		purpose of any proceeding, civil or criminal, the good
2		faith of any health care provider acting under this
3		paragraph shall be presumed.
4		(7) All information and records held by a State agency
5		or local health authority pertaining to genetic
6		information shall be strictly confidential and exempt from
7		copying and inspection under the Freedom of Information
8		Act. The information and records shall not be released or
9		made public by the State agency or local health authority
10		and shall not be admissible as evidence nor discoverable in
11		any action of any kind in any court or before any tribunal,
12		board, agency, or person and shall be treated in the same
13		manner as the information and those records subject to the
14		provisions of Part 21 of Article VIII of the Code of Civil
15		Procedure except under the following circumstances:
16		(A) when made with the written consent of all
17		persons to whom the information pertains;
18		(B) when authorized by Section 5-4-3 of the Unified
19		Code of Corrections;
20		(C) when made for the sole purpose of implementing
21		the Phenylketonuria Testing Act and rules; or
22		(D) when made under the authorization of the
23		Uniform Parentage Act (2000) Illinois Parentage Act of
24		1984.
25		Disclosure shall be limited to those who have a need to
26		know the information, and no additional disclosures may be
27		made.
28		(b) Disclosure by an insurer in accordance with the
29		requirements of the Article XL of the Illinois Insurance Code
30		shall be deemed compliance with this Section.
31		(Source: P.A. 90-25, eff. 1-1-98.)

32		Section 905.9. The Vital Records Act is amended by changing
33		Sections 12 and 24 as follows:
34		(410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)

1		Sec. 12. Live births; place of registration.
2		(1) Each live birth which occurs in this State shall be
3		registered with the local or subregistrar of the district in
4		which the birth occurred as provided in this Section, within 7
5		days after the birth. When a birth occurs on a moving
6		conveyance, the city, village, township, or road district in
7		which the child is first removed from the conveyance shall be
8		considered the place of birth and a birth certificate shall be
9		filed in the registration district in which the place is
10		located.
11		(2) When a birth occurs in an institution, the person in
12		charge of the institution or his designated representative
13		shall obtain and record all the personal and statistical
14		particulars relative to the parents of the child that are
15		required to properly complete the live birth certificate; shall
16		secure the required personal signatures on the hospital
17		worksheet; shall prepare the certificate from this worksheet;
18		and shall file the certificate with the local registrar. The
19		institution shall retain the hospital worksheet permanently or
20		as otherwise specified by rule. The physician in attendance
21		shall verify or provide the date of birth and medical
22		information required by the certificate, within 24 hours after
23		the birth occurs.
24		(3) When a birth occurs outside an institution, the
25		certificate shall be prepared and filed by one of the following
26		in the indicated order of priority:
27		(a) The physician in attendance at or immediately after
28		the birth, or in the absence of such a person,
29		(b) Any other person in attendance at or immediately
30		after the birth, or in the absence of such a person,
31		(c) The father, the mother, or in the absence of the
32		father and the inability of the mother, the person in
33		charge of the premises where the birth occurred.
34		(4) Unless otherwise provided in this Act, if the mother
35		was not married to the father of the child at either the time
36		of conception or the time of birth, the name of the father

1		shall be entered on the child's birth certificate only if the
2		mother and the person to be named as the father have signed an
3		acknowledgment of parentage in accordance with subsection (5).
4		Unless otherwise provided in this Act, if the mother was
5		married at the time of conception or birth and the presumed
6		father (that is, the mother's husband) is not the biological
7		father of the child, the name of the biological father shall be
8		entered on the child's birth certificate only if, in accordance
9		with subsection (5), (i) the mother and the person to be named
10		as the father have signed an acknowledgment of parentage and
11		(ii) the mother and presumed father have signed a denial of
12		paternity.
13		(5) Upon the birth of a child to an unmarried woman, or
14		upon the birth of a child to a woman who was married at the time
15		of conception or birth and whose husband is not the biological
16		father of the child, the institution at the time of birth and
17		the local registrar or county clerk after the birth shall do
18		the following:
19		(a) Provide (i) an opportunity for the child's mother
20		and father to sign an acknowledgment of parentage and (ii)
21		if the presumed father is not the biological father, an
22		opportunity for the mother and presumed father to sign a
23		denial of paternity. The signing and witnessing of the
24		acknowledgment of parentage or, if the presumed father of
25		the child is not the biological father, the acknowledgment
26		of parentage and denial of paternity conclusively
27		establishes a parent and child relationship in accordance
28		with the Uniform Parentage Act (2000) Sections 5 and 6 of
29		the Illinois Parentage Act of 1984.
30		The Illinois Department of Public Aid shall furnish the
31		acknowledgment of parentage and denial of paternity form to
32		institutions, county clerks, and State and local
33		registrars' offices. The form shall include instructions
34		to send the original signed and witnessed acknowledgment of
35		parentage and denial of paternity to the Illinois
36		Department of Public Aid.

1		(b) Provide the following documents, furnished by the
2		Illinois Department of Public Aid, to the child's mother,
3		biological father, and (if the person presumed to be the
4		child's father is not the biological father) presumed
5		father for their review at the time the opportunity is
6		provided to establish a parent and child relationship:
7		(i) An explanation of the implications of,
8		alternatives to, legal consequences of, and the rights
9		and responsibilities that arise from signing an
10		acknowledgment of parentage and, if necessary, a
11		denial of paternity, including an explanation of the
12		parental rights and responsibilities of child support,
13		visitation, custody, retroactive support, health
14		insurance coverage, and payment of birth expenses.
15		(ii) An explanation of the benefits of having a
16		child's parentage established and the availability of
17		parentage establishment and child support enforcement
18		services.
19		(iii) A request for an application for child
20		support enforcement services from the Illinois
21		Department of Public Aid.
22		(iv) Instructions concerning the opportunity to
23		speak, either by telephone or in person, with staff of
24		the Illinois Department of Public Aid who are trained
25		to clarify information and answer questions about
26		paternity establishment.
27		(v) Instructions for completing and signing the
28		acknowledgment of parentage and denial of paternity.
29		(c) Provide an oral explanation of the documents and
30		instructions set forth in subdivision (5)(b), including an
31		explanation of the implications of, alternatives to, legal
32		consequences of, and the rights and responsibilities that
33		arise from signing an acknowledgment of parentage and, if
34		necessary, a denial of paternity. The oral explanation may
35		be given in person or through the use of video or audio
36		equipment.

1		(6) The institution, State or local registrar, or county
2		clerk shall provide an opportunity for the child's father or
3		mother to sign a rescission of parentage. The signing and
4		witnessing of the rescission of parentage voids the
5		acknowledgment of parentage and nullifies the presumption of
6		paternity if executed and filed with the Illinois Department of
7		Public Aid within the time frame contained in Section 5 of the
8		Illinois Parentage Act of 1984 or Section 307 of the Uniform
9		Parentage Act (2000). The Illinois Department of Public Aid
10		shall furnish the rescission of parentage form to institutions,
11		county clerks, and State and local registrars' offices. The
12		form shall include instructions to send the original signed and
13		witnessed rescission of parentage to the Illinois Department of
14		Public Aid.
15		(7) An acknowledgment of paternity signed pursuant to
16		Section 6 of the Illinois Parentage Act of 1984 or Section 302
17		of the Uniform Parentage Act (2000) may be challenged in court
18		only on the basis of fraud, duress, or material mistake of
19		fact, with the burden of proof upon the challenging party.
20		Pending outcome of a challenge to the acknowledgment of
21		paternity, the legal responsibilities of the signatories shall
22		remain in full force and effect, except upon order of the court
23		upon a showing of good cause.
24		(8) When the process for acknowledgment of parentage as
25		provided for under subsection (5) establishes the paternity of
26		a child whose certificate of birth is on file in another state,
27		the Illinois Department of Public Aid shall forward a copy of
28		the acknowledgment of parentage, the denial of paternity, if
29		applicable, and the rescission of parentage, if applicable, to
30		the birth record agency of the state where the child's
31		certificate of birth is on file.
32		(9) In the event the parent-child relationship has been
33		established in accordance with subdivision (a)(1) of Section 6
34		of the Parentage Act of 1984 or Article 8 of the Uniform
35		Parentage Act (2000), the names of the biological mother and
36		biological father so established shall be entered on the

1		child's birth certificate, and the names of the surrogate
2		mother and surrogate mother's husband, if any, shall not be on
3		the birth certificate.
4		(Source: P.A. 91-308, eff. 7-29-99; 92-590, eff. 7-1-02.)
5		(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
6		Sec. 24. (1) To protect the integrity of vital records, to
7		insure their proper use, and to insure the efficient and proper
8		administration of the vital records system, access to vital
9		records, and indexes thereof, including vital records in the
10		custody of local registrars and county clerks originating prior
11		to January 1, 1916, is limited to the custodian and his
12		employees, and then only for administrative purposes, except
13		that the indexes of those records in the custody of local
14		registrars and county clerks, originating prior to January 1,
15		1916, shall be made available to persons for the purpose of
16		genealogical research. Original, photographic or
17		microphotographic reproductions of original records of births
18		100 years old and older and deaths 50 years old and older, and
19		marriage records 75 years old and older on file in the State
20		Office of Vital Records and in the custody of the county clerks
21		may be made available for inspection in the Illinois State
22		Archives reference area, Illinois Regional Archives
23		Depositories, and other libraries approved by the Illinois
24		State Registrar and the Director of the Illinois State
25		Archives, provided that the photographic or microphotographic
26		copies are made at no cost to the county or to the State of
27		Illinois. It is unlawful for any custodian to permit inspection
28		of, or to disclose information contained in, vital records, or
29		to copy or permit to be copied, all or part of any such record
30		except as authorized by this Act or regulations adopted
31		pursuant thereto.
32		(2) The State Registrar of Vital Records, or his agent, and
33		any municipal, county, multi-county, public health district,
34		or regional health officer recognized by the Department may
35		examine vital records for the purpose only of carrying out the

1		public health programs and responsibilities under his
2		jurisdiction.
3		(3) The State Registrar of Vital Records, may disclose, or
4		authorize the disclosure of, data contained in the vital
5		records when deemed essential for bona fide research purposes
6		which are not for private gain.
7		This amendatory Act of 1973 does not apply to any home rule
8		unit.
9		(4) The State Registrar shall exchange with the Illinois
10		Department of Public Aid information that may be necessary for
11		the establishment of paternity and the establishment,
12		modification, and enforcement of child support orders entered
13		pursuant to the Illinois Public Aid Code, the Illinois Marriage
14		and Dissolution of Marriage Act, the Non-Support of Spouse and
15		Children Act, the Non-Support Punishment Act, the Revised
16		Uniform Reciprocal Enforcement of Support Act, the Uniform
17		Interstate Family Support Act, or the Illinois Parentage Act of
18		1984, or the Uniform Parentage Act (2000). Notwithstanding any
19		provisions in this Act to the contrary, the State Registrar
20		shall not be liable to any person for any disclosure of
21		information to the Illinois Department of Public Aid under this
22		subsection or for any other action taken in good faith to
23		comply with the requirements of this subsection.
24		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)

25		Section 905.10. The Illinois Vehicle Code is amended by
26		changing Sections 2-109.1 and 7-703 as follows:
27		(625 ILCS 5/2-109.1)
28		Sec. 2-109.1. Exchange of information.
29		(a) The Secretary of State shall exchange information with
30		the Illinois Department of Public Aid which may be necessary
31		for the establishment of paternity and the establishment,
32		modification, and enforcement of child support orders pursuant
33		to the Illinois Public Aid Code, the Illinois Marriage and
34		Dissolution of Marriage Act, the Non-Support of Spouse and

1		Children Act, the Non-Support Punishment Act, the Revised
2		Uniform Reciprocal Enforcement of Support Act, the Uniform
3		Interstate Family Support Act, or the Illinois Parentage Act of
4		1984, or the Uniform Parentage Act (2000).
5		(b) Notwithstanding any provisions in this Code to the
6		contrary, the Secretary of State shall not be liable to any
7		person for any disclosure of information to the Illinois
8		Department of Public Aid under subsection (a) or for any other
9		action taken in good faith to comply with the requirements of
10		subsection (a).
11		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 7-1-00.)
12		(625 ILCS 5/7-703)
13		Sec. 7-703. Courts to report non-payment of court ordered
14		support.
15		(a) The clerk of the circuit court, as provided in
16		subsection (b) of Section 505 of the Illinois Marriage and
17		Dissolution of Marriage Act or as provided in Section 15 of the
18		Illinois Parentage Act of 1984, shall forward to the Secretary
19		of State, on a form prescribed by the Secretary, an
20		authenticated document certifying the court's order suspending
21		the driving privileges of the obligor. For any such
22		certification, the clerk of the court shall charge the obligor
23		a fee of $5 as provided in the Clerks of Courts Act.
24		(b) If an obligor has been adjudicated in arrears in court
25		ordered child support payments in an amount equal to 90 days
26		obligation or more but has not been held in contempt of court,
27		the circuit court may order that the obligor's driving
28		privileges be suspended. If the circuit court orders that the
29		obligor's driving privileges be suspended, it shall forward to
30		the Secretary of State, on a form prescribed by the Secretary,
31		an authenticated document certifying the court's order
32		suspending the driving privileges of the obligor. The
33		authenticated document shall be forwarded to the Secretary of
34		State by the court no later than 45 days after entry of the
35		order suspending the obligor's driving privileges.

1		(Source: P.A. 91-613, eff. 7-1-00.)

2		Section 905.11. The Clerks of Courts Act is amended by
3		changing Section 27.1a as follows:
4		(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
5		Sec. 27.1a. The fees of the clerks of the circuit court in
6		all counties having a population of not more than 500,000
7		inhabitants in the instances described in this Section shall be
8		as provided in this Section. In those instances where a minimum
9		and maximum fee is stated, the clerk of the circuit court must
10		charge the minimum fee listed and may charge up to the maximum
11		fee if the county board has by resolution increased the fee.
12		The fees shall be paid in advance and shall be as follows:
13		(a) Civil Cases.
14		The fee for filing a complaint, petition, or other
15		pleading initiating a civil action, with the following
16		exceptions, shall be a minimum of $40 and a maximum of
17		$160.
18		(A) When the amount of money or damages or the
19		value of personal property claimed does not exceed
20		$250, $10.
21		(B) When that amount exceeds $250 but does not
22		exceed $500, a minimum of $10 and a maximum of $20.
23		(C) When that amount exceeds $500 but does not
24		exceed $2500, a minimum of $25 and a maximum of $40.
25		(D) When that amount exceeds $2500 but does not
26		exceed $15,000, a minimum of $25 and a maximum of $75.
27		(E) For the exercise of eminent domain, a minimum
28		of $45 and a maximum of $150. For each additional lot
29		or tract of land or right or interest therein subject
30		to be condemned, the damages in respect to which shall
31		require separate assessment by a jury, a minimum of $45
32		and a maximum of $150.
33		(a-1) Family.
34		For filing a petition under the Juvenile Court Act of

1		1987, $25.
2		For filing a petition for a marriage license, $10.
3		For performing a marriage in court, $10.
4		For filing a petition under the Uniform Parentage Act
5		(2000) Illinois Parentage Act of 1984, $40.
6		(b) Forcible Entry and Detainer.
7		In each forcible entry and detainer case when the
8		plaintiff seeks possession only or unites with his or her
9		claim for possession of the property a claim for rent or
10		damages or both in the amount of $15,000 or less, a minimum
11		of $10 and a maximum of $50. When the plaintiff unites his
12		or her claim for possession with a claim for rent or
13		damages or both exceeding $15,000, a minimum of $40 and a
14		maximum of $160.
15		(c) Counterclaim or Joining Third Party Defendant.
16		When any defendant files a counterclaim as part of his
17		or her answer or otherwise or joins another party as a
18		third party defendant, or both, the defendant shall pay a
19		fee for each counterclaim or third party action in an
20		amount equal to the fee he or she would have had to pay had
21		he or she brought a separate action for the relief sought
22		in the counterclaim or against the third party defendant,
23		less the amount of the appearance fee, if that has been
24		paid.
25		(d) Confession of Judgment.
26		In a confession of judgment when the amount does not
27		exceed $1500, a minimum of $20 and a maximum of $50. When
28		the amount exceeds $1500, but does not exceed $15,000, a
29		minimum of $40 and a maximum of $115. When the amount
30		exceeds $15,000, a minimum of $40 and a maximum of $200.
31		(e) Appearance.
32		The fee for filing an appearance in each civil case
33		shall be a minimum of $15 and a maximum of $60, except as
34		follows:
35		(A) When the plaintiff in a forcible entry and
36		detainer case seeks possession only, a minimum of $10

1		and a maximum of $50.
2		(B) When the amount in the case does not exceed
3		$1500, a minimum of $10 and a maximum of $30.
4		(C) When that amount exceeds $1500 but does not
5		exceed $15,000, a minimum of $15 and a maximum of $60.
6		(f) Garnishment, Wage Deduction, and Citation.
7		In garnishment affidavit, wage deduction affidavit,
8		and citation petition when the amount does not exceed
9		$1,000, a minimum of $5 and a maximum of $15; when the
10		amount exceeds $1,000 but does not exceed $5,000, a minimum
11		of $5 and a maximum of $30; and when the amount exceeds
12		$5,000, a minimum of $5 and a maximum of $50.
13		(g) Petition to Vacate or Modify.
14		(1) Petition to vacate or modify any final judgment or
15		order of court, except in forcible entry and detainer cases
16		and small claims cases or a petition to reopen an estate,
17		to modify, terminate, or enforce a judgment or order for
18		child or spousal support, or to modify, suspend, or
19		terminate an order for withholding, if filed before 30 days
20		after the entry of the judgment or order, a minimum of $20
21		and a maximum of $50.
22		(2) Petition to vacate or modify any final judgment or
23		order of court, except a petition to modify, terminate, or
24		enforce a judgment or order for child or spousal support or
25		to modify, suspend, or terminate an order for withholding,
26		if filed later than 30 days after the entry of the judgment
27		or order, a minimum of $20 and a maximum of $75.
28		(3) Petition to vacate order of bond forfeiture, a
29		minimum of $10 and a maximum of $40.
30		(h) Mailing.
31		When the clerk is required to mail, the fee will be a
32		minimum of $2 and a maximum of $10, plus the cost of
33		postage.
34		(i) Certified Copies.
35		Each certified copy of a judgment after the first,
36		except in small claims and forcible entry and detainer

1		cases, a minimum of $2 and a maximum of $10.
2		(j) Habeas Corpus.
3		For filing a petition for relief by habeas corpus, a
4		minimum of $60 and a maximum of $100.
5		(k) Certification, Authentication, and Reproduction.
6		(1) Each certification or authentication for taking
7		the acknowledgment of a deed or other instrument in writing
8		with the seal of office, a minimum of $2 and a maximum of
9		$6.
10		(2) Court appeals when original documents are
11		forwarded, under 100 pages, plus delivery and costs, a
12		minimum of $20 and a maximum of $60.
13		(3) Court appeals when original documents are
14		forwarded, over 100 pages, plus delivery and costs, a
15		minimum of $50 and a maximum of $150.
16		(4) Court appeals when original documents are
17		forwarded, over 200 pages, an additional fee of a minimum
18		of 20 cents and a maximum of 25 cents per page.
19		(5) For reproduction of any document contained in the
20		clerk's files:
21		(A) First page, a minimum of $1 and a maximum of
22		$2.
23		(B) Next 19 pages, 50 cents per page.
24		(C) All remaining pages, 25 cents per page.
25		(l) Remands.
26		In any cases remanded to the Circuit Court from the
27		Supreme Court or the Appellate Court for a new trial, the
28		clerk shall file the remanding order and reinstate the case
29		with either its original number or a new number. The Clerk
30		shall not charge any new or additional fee for the
31		reinstatement. Upon reinstatement the Clerk shall advise
32		the parties of the reinstatement. A party shall have the
33		same right to a jury trial on remand and reinstatement as
34		he or she had before the appeal, and no additional or new
35		fee or charge shall be made for a jury trial after remand.
36		(m) Record Search.

1		For each record search, within a division or municipal
2		district, the clerk shall be entitled to a search fee of a
3		minimum of $4 and a maximum of $6 for each year searched.
4		(n) Hard Copy.
5		For each page of hard copy print output, when case
6		records are maintained on an automated medium, the clerk
7		shall be entitled to a fee of a minimum of $4 and a maximum
8		of $6.
9		(o) Index Inquiry and Other Records.
10		No fee shall be charged for a single
11		plaintiff/defendant index inquiry or single case record
12		inquiry when this request is made in person and the records
13		are maintained in a current automated medium, and when no
14		hard copy print output is requested. The fees to be charged
15		for management records, multiple case records, and
16		multiple journal records may be specified by the Chief
17		Judge pursuant to the guidelines for access and
18		dissemination of information approved by the Supreme
19		Court.
20		(p) (Blank).
21		a minimum of $25 and a maximum of $50
22		(q) Alias Summons.
23		For each alias summons or citation issued by the clerk,
24		a minimum of $2 and a maximum of $5.
25		(r) Other Fees.
26		Any fees not covered in this Section shall be set by
27		rule or administrative order of the Circuit Court with the
28		approval of the Administrative Office of the Illinois
29		Courts.
30		The clerk of the circuit court may provide additional
31		services for which there is no fee specified by statute in
32		connection with the operation of the clerk's office as may
33		be requested by the public and agreed to by the clerk and
34		approved by the chief judge of the circuit court. Any
35		charges for additional services shall be as agreed to
36		between the clerk and the party making the request and

1		approved by the chief judge of the circuit court. Nothing
2		in this subsection shall be construed to require any clerk
3		to provide any service not otherwise required by law.
4		(s) Jury Services.
5		The clerk shall be entitled to receive, in addition to
6		other fees allowed by law, the sum of a minimum of $62.50
7		and a maximum of $212.50, as a fee for the services of a
8		jury in every civil action not quasi-criminal in its nature
9		and not a proceeding for the exercise of the right of
10		eminent domain and in every other action wherein the right
11		of trial by jury is or may be given by law. The jury fee
12		shall be paid by the party demanding a jury at the time of
13		filing the jury demand. If the fee is not paid by either
14		party, no jury shall be called in the action or proceeding,
15		and the same shall be tried by the court without a jury.
16		(t) Voluntary Assignment.
17		For filing each deed of voluntary assignment, a minimum
18		of $10 and a maximum of $20; for recording the same, a
19		minimum of 25 cents and a maximum of 50 cents for each 100
20		words. Exceptions filed to claims presented to an assignee
21		of a debtor who has made a voluntary assignment for the
22		benefit of creditors shall be considered and treated, for
23		the purpose of taxing costs therein, as actions in which
24		the party or parties filing the exceptions shall be
25		considered as party or parties plaintiff, and the claimant
26		or claimants as party or parties defendant, and those
27		parties respectively shall pay to the clerk the same fees
28		as provided by this Section to be paid in other actions.
29		(u) Expungement Petition.
30		The clerk shall be entitled to receive a fee of a
31		minimum of $15 and a maximum of $60 for each expungement
32		petition filed and an additional fee of a minimum of $2 and
33		a maximum of $4 for each certified copy of an order to
34		expunge arrest records.
35		(v) Probate.
36		The clerk is entitled to receive the fees specified in

1		this subsection (v), which shall be paid in advance, except
2		that, for good cause shown, the court may suspend, reduce,
3		or release the costs payable under this subsection:
4		(1) For administration of the estate of a decedent
5		(whether testate or intestate) or of a missing person, a
6		minimum of $50 and a maximum of $150, plus the fees
7		specified in subsection (v)(3), except:
8		(A) When the value of the real and personal
9		property does not exceed $15,000, the fee shall be a
10		minimum of $25 and a maximum of $40.
11		(B) When (i) proof of heirship alone is made, (ii)
12		a domestic or foreign will is admitted to probate
13		without administration (including proof of heirship),
14		or (iii) letters of office are issued for a particular
15		purpose without administration of the estate, the fee
16		shall be a minimum of $10 and a maximum of $40.
17		(C) For filing a petition to sell Real Estate, $50.
18		(2) For administration of the estate of a ward, a
19		minimum of $50 and a maximum of $75, plus the fees
20		specified in subsection (v)(3), except:
21		(A) When the value of the real and personal
22		property does not exceed $15,000, the fee shall be a
23		minimum of $25 and a maximum of $40.
24		(B) When (i) letters of office are issued to a
25		guardian of the person or persons, but not of the
26		estate or (ii) letters of office are issued in the
27		estate of a ward without administration of the estate,
28		including filing or joining in the filing of a tax
29		return or releasing a mortgage or consenting to the
30		marriage of the ward, the fee shall be a minimum of $10
31		and a maximum of $20.
32		(C) For filing a Petition to sell Real Estate, $50.
33		(3) In addition to the fees payable under subsection
34		(v)(1) or (v)(2) of this Section, the following fees are
35		payable:
36		(A) For each account (other than one final account)

1		filed in the estate of a decedent, or ward, a minimum
2		of $10 and a maximum of $25.
3		(B) For filing a claim in an estate when the amount
4		claimed is $150 or more but less than $500, a minimum
5		of $10 and a maximum of $25; when the amount claimed is
6		$500 or more but less than $10,000, a minimum of $10
7		and a maximum of $40; when the amount claimed is
8		$10,000 or more, a minimum of $10 and a maximum of $60;
9		provided that the court in allowing a claim may add to
10		the amount allowed the filing fee paid by the claimant.
11		(C) For filing in an estate a claim, petition, or
12		supplemental proceeding based upon an action seeking
13		equitable relief including the construction or contest
14		of a will, enforcement of a contract to make a will,
15		and proceedings involving testamentary trusts or the
16		appointment of testamentary trustees, a minimum of $40
17		and a maximum of $60.
18		(D) For filing in an estate (i) the appearance of
19		any person for the purpose of consent or (ii) the
20		appearance of an executor, administrator,
21		administrator to collect, guardian, guardian ad litem,
22		or special administrator, no fee.
23		(E) Except as provided in subsection (v)(3)(D),
24		for filing the appearance of any person or persons, a
25		minimum of $10 and a maximum of $30.
26		(F) For each jury demand, a minimum of $62.50 and a
27		maximum of $137.50.
28		(G) For disposition of the collection of a judgment
29		or settlement of an action or claim for wrongful death
30		of a decedent or of any cause of action of a ward, when
31		there is no other administration of the estate, a
32		minimum of $30 and a maximum of $50, less any amount
33		paid under subsection (v)(1)(B) or (v)(2)(B) except
34		that if the amount involved does not exceed $5,000, the
35		fee, including any amount paid under subsection
36		(v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a

1		maximum of $20.
2		(H) For each certified copy of letters of office,
3		of court order or other certification, a minimum of $1
4		and a maximum of $2, plus a minimum of 50 cents and a
5		maximum of $1 per page in excess of 3 pages for the
6		document certified.
7		(I) For each exemplification, a minimum of $1 and a
8		maximum of $2, plus the fee for certification.
9		(4) The executor, administrator, guardian, petitioner,
10		or other interested person or his or her attorney shall pay
11		the cost of publication by the clerk directly to the
12		newspaper.
13		(5) The person on whose behalf a charge is incurred for
14		witness, court reporter, appraiser, or other miscellaneous
15		fee shall pay the same directly to the person entitled
16		thereto.
17		(6) The executor, administrator, guardian, petitioner,
18		or other interested person or his or her attorney shall pay
19		to the clerk all postage charges incurred by the clerk in
20		mailing petitions, orders, notices, or other documents
21		pursuant to the provisions of the Probate Act of 1975.
22		(w) Criminal and Quasi-Criminal Costs and Fees.
23		(1) The clerk shall be entitled to costs in all
24		criminal and quasi-criminal cases from each person
25		convicted or sentenced to supervision therein as follows:
26		(A) Felony complaints, a minimum of $40 and a
27		maximum of $100.
28		(B) Misdemeanor complaints, a minimum of $25 and a
29		maximum of $75.
30		(C) Business offense complaints, a minimum of $25
31		and a maximum of $75.
32		(D) Petty offense complaints, a minimum of $25 and
33		a maximum of $75.
34		(E) Minor traffic or ordinance violations, $10.
35		(F) When court appearance required, $15.
36		(G) Motions to vacate or amend final orders, a

1		minimum of $20 and a maximum of $40.
2		(H) Motions to vacate bond forfeiture orders, a
3		minimum of $20 and a maximum of $40.
4		(I) Motions to vacate ex parte judgments, whenever
5		filed, a minimum of $20 and a maximum of $40.
6		(J) Motions to vacate judgment on forfeitures,
7		whenever filed, a minimum of $20 and a maximum of $40.
8		(K) Motions to vacate "failure to appear" or
9		"failure to comply" notices sent to the Secretary of
10		State, a minimum of $20 and a maximum of $40.
11		(2) In counties having a population of not more than
12		500,000 inhabitants, when the violation complaint is
13		issued by a municipal police department, the clerk shall be
14		entitled to costs from each person convicted therein as
15		follows:
16		(A) Minor traffic or ordinance violations, $10.
17		(B) When court appearance required, $15.
18		(3) In ordinance violation cases punishable by fine
19		only, the clerk of the circuit court shall be entitled to
20		receive, unless the fee is excused upon a finding by the
21		court that the defendant is indigent, in addition to other
22		fees or costs allowed or imposed by law, the sum of a
23		minimum of $62.50 and a maximum of $137.50 as a fee for the
24		services of a jury. The jury fee shall be paid by the
25		defendant at the time of filing his or her jury demand. If
26		the fee is not so paid by the defendant, no jury shall be
27		called, and the case shall be tried by the court without a
28		jury.
29		(x) Transcripts of Judgment.
30		For the filing of a transcript of judgment, the clerk
31		shall be entitled to the same fee as if it were the
32		commencement of a new suit.
33		(y) Change of Venue.
34		(1) For the filing of a change of case on a change of
35		venue, the clerk shall be entitled to the same fee as if it
36		were the commencement of a new suit.

1		(2) The fee for the preparation and certification of a
2		record on a change of venue to another jurisdiction, when
3		original documents are forwarded, a minimum of $10 and a
4		maximum of $40.
5		(z) Tax objection complaints.
6		For each tax objection complaint containing one or more
7		tax objections, regardless of the number of parcels
8		involved or the number of taxpayers joining on the
9		complaint, a minimum of $10 and a maximum of $50.
10		(aa) Tax Deeds.
11		(1) Petition for tax deed, if only one parcel is
12		involved, a minimum of $45 and a maximum of $200.
13		(2) For each additional parcel, add a fee of a minimum
14		of $10 and a maximum of $60.
15		(bb) Collections.
16		(1) For all collections made of others, except the
17		State and county and except in maintenance or child support
18		cases, a sum equal to a minimum of 2% and a maximum of 2.5%
19		of the amount collected and turned over.
20		(2) Interest earned on any funds held by the clerk
21		shall be turned over to the county general fund as an
22		earning of the office.
23		(3) For any check, draft, or other bank instrument
24		returned to the clerk for non-sufficient funds, account
25		closed, or payment stopped, $25.
26		(4) In child support and maintenance cases, the clerk,
27		if authorized by an ordinance of the county board, may
28		collect an annual fee of up to $36 from the person making
29		payment for maintaining child support records and the
30		processing of support orders to the State of Illinois KIDS
31		system and the recording of payments issued by the State
32		Disbursement Unit for the official record of the Court.
33		This fee shall be in addition to and separate from amounts
34		ordered to be paid as maintenance or child support and
35		shall be deposited into a Separate Maintenance and Child
36		Support Collection Fund, of which the clerk shall be the

1		custodian, ex-officio, to be used by the clerk to maintain
2		child support orders and record all payments issued by the
3		State Disbursement Unit for the official record of the
4		Court. The clerk may recover from the person making the
5		maintenance or child support payment any additional cost
6		incurred in the collection of this annual fee.
7		The clerk shall also be entitled to a fee of $5 for
8		certifications made to the Secretary of State as provided
9		in Section 7-703 of the Family Financial Responsibility Law
10		and these fees shall also be deposited into the Separate
11		Maintenance and Child Support Collection Fund.
12		(cc) Corrections of Numbers.
13		For correction of the case number, case title, or
14		attorney computer identification number, if required by
15		rule of court, on any document filed in the clerk's office,
16		to be charged against the party that filed the document, a
17		minimum of $10 and a maximum of $25.
18		(dd) Exceptions.
19		(1) The fee requirements of this Section shall not
20		apply to police departments or other law enforcement
21		agencies. In this Section, "law enforcement agency" means
22		an agency of the State or a unit of local government which
23		is vested by law or ordinance with the duty to maintain
24		public order and to enforce criminal laws or ordinances.
25		"Law enforcement agency" also means the Attorney General or
26		any state's attorney.
27		(2) No fee provided herein shall be charged to any unit
28		of local government or school district.
29		(3) The fee requirements of this Section shall not
30		apply to any action instituted under subsection (b) of
31		Section 11-31-1 of the Illinois Municipal Code by a private
32		owner or tenant of real property within 1200 feet of a
33		dangerous or unsafe building seeking an order compelling
34		the owner or owners of the building to take any of the
35		actions authorized under that subsection.
36		(4) The fee requirements of this Section shall not

1		apply to the filing of any commitment petition or petition
2		for an order authorizing the administration of authorized
3		involuntary treatment in the form of medication under the
4		Mental Health and Developmental Disabilities Code.
5		(ee) Adoptions.
6		(1) For an adoption...................................$65
7		(2) Upon good cause shown, the court may waive the
8		adoption filing fee in a special needs adoption. The term
9		"special needs adoption" shall have the meaning ascribed to
10		it by the Illinois Department of Children and Family
11		Services.
12		(ff) Adoption exemptions.
13		No fee other than that set forth in subsection (ee)
14		shall be charged to any person in connection with an
15		adoption proceeding nor may any fee be charged for
16		proceedings for the appointment of a confidential
17		intermediary under the Adoption Act.
18		(Source: P.A. 92-16, eff. 6-28-01; 92-521, eff. 6-1-02; 93-39,
19		eff. 7-1-03; 93-385, eff. 7-25-03; 93-573, eff. 8-21-03;
20		revised 9-5-03.)

21		Section 905.12. The Juvenile Court Act of 1987 is amended
22		by changing Sections 1-3 and 6-9 as follows:
23		(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
24		Sec. 1-3. Definitions. Terms used in this Act, unless the
25		context otherwise requires, have the following meanings
26		ascribed to them:
27		(1) "Adjudicatory hearing" means a hearing to determine
28		whether the allegations of a petition under Section 2-13, 3-15
29		or 4-12 that a minor under 18 years of age is abused, neglected
30		or dependent, or requires authoritative intervention, or
31		addicted, respectively, are supported by a preponderance of the
32		evidence or whether the allegations of a petition under Section
33		5-520 that a minor is delinquent are proved beyond a reasonable
34		doubt.

1		(2) "Adult" means a person 21 years of age or older.
2		(3) "Agency" means a public or private child care facility
3		legally authorized or licensed by this State for placement or
4		institutional care or for both placement and institutional
5		care.
6		(4) "Association" means any organization, public or
7		private, engaged in welfare functions which include services to
8		or on behalf of children but does not include "agency" as
9		herein defined.
10		(4.05) Whenever a "best interest" determination is
11		required, the following factors shall be considered in the
12		context of the child's age and developmental needs:
13		(a) the physical safety and welfare of the child, including
14		food, shelter, health, and clothing;
15		(b) the development of the child's identity;
16		(c) the child's background and ties, including familial,
17		cultural, and religious;
18		(d) the child's sense of attachments, including:
19		(i) where the child actually feels love, attachment,
20		and a sense of being valued (as opposed to where adults
21		believe the child should feel such love, attachment, and a
22		sense of being valued);
23		(ii) the child's sense of security;
24		(iii) the child's sense of familiarity;
25		(iv) continuity of affection for the child;
26		(v) the least disruptive placement alternative for the
27		child;
28		(e) the child's wishes and long-term goals;
29		(f) the child's community ties, including church, school,
30		and friends;
31		(g) the child's need for permanence which includes the
32		child's need for stability and continuity of relationships with
33		parent figures and with siblings and other relatives;
34		(h) the uniqueness of every family and child;
35		(i) the risks attendant to entering and being in substitute
36		care; and

1		(j) the preferences of the persons available to care for
2		the child.
3		(4.1) "Chronic truant" shall have the definition ascribed
4		to it in Section 26-2a of the School Code.
5		(5) "Court" means the circuit court in a session or
6		division assigned to hear proceedings under this Act.
7		(6) "Dispositional hearing" means a hearing to determine
8		whether a minor should be adjudged to be a ward of the court,
9		and to determine what order of disposition should be made in
10		respect to a minor adjudged to be a ward of the court.
11		(7) "Emancipated minor" means any minor 16 years of age or
12		over who has been completely or partially emancipated under the
13		"Emancipation of Mature Minors Act", enacted by the
14		Eighty-First General Assembly, or under this Act.
15		(8) "Guardianship of the person" of a minor means the duty
16		and authority to act in the best interests of the minor,
17		subject to residual parental rights and responsibilities, to
18		make important decisions in matters having a permanent effect
19		on the life and development of the minor and to be concerned
20		with his or her general welfare. It includes but is not
21		necessarily limited to:
22		(a) the authority to consent to marriage, to enlistment
23		in the armed forces of the United States, or to a major
24		medical, psychiatric, and surgical treatment; to represent
25		the minor in legal actions; and to make other decisions of
26		substantial legal significance concerning the minor;
27		(b) the authority and duty of reasonable visitation,
28		except to the extent that these have been limited in the
29		best interests of the minor by court order;
30		(c) the rights and responsibilities of legal custody
31		except where legal custody has been vested in another
32		person or agency; and
33		(d) the power to consent to the adoption of the minor,
34		but only if expressly conferred on the guardian in
35		accordance with Section 2-29, 3-30, or 4-27.
36		(9) "Legal custody" means the relationship created by an

1		order of court in the best interests of the minor which imposes
2		on the custodian the responsibility of physical possession of a
3		minor and the duty to protect, train and discipline him and to
4		provide him with food, shelter, education and ordinary medical
5		care, except as these are limited by residual parental rights
6		and responsibilities and the rights and responsibilities of the
7		guardian of the person, if any.
8		(10) "Minor" means a person under the age of 21 years
9		subject to this Act.
10		(11) "Parent" means the father or mother of a child and
11		includes any adoptive parent. It also includes a man (i) whose
12		paternity is presumed or has been established under the law of
13		this or another jurisdiction or (ii) who has registered with
14		the Putative Father Registry in accordance with Section 12.1 of
15		the Adoption Act or with the Registry of Paternity under the
16		Uniform Parentage Act (2000) and whose paternity has not been
17		ruled out under the law of this or another jurisdiction. It
18		does not include a parent whose rights in respect to the minor
19		have been terminated in any manner provided by law.
20		(11.1) "Permanency goal" means a goal set by the court as
21		defined in subdivision (2) of Section 2-28.
22		(11.2) "Permanency hearing" means a hearing to set the
23		permanency goal and to review and determine (i) the
24		appropriateness of the services contained in the plan and
25		whether those services have been provided, (ii) whether
26		reasonable efforts have been made by all the parties to the
27		service plan to achieve the goal, and (iii) whether the plan
28		and goal have been achieved.
29		(12) "Petition" means the petition provided for in Section
30		2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
31		thereunder in Section 3-15, 4-12 or 5-520.
32		(13) "Residual parental rights and responsibilities" means
33		those rights and responsibilities remaining with the parent
34		after the transfer of legal custody or guardianship of the
35		person, including, but not necessarily limited to, the right to
36		reasonable visitation (which may be limited by the court in the

1		best interests of the minor as provided in subsection (8)(b) of
2		this Section), the right to consent to adoption, the right to
3		determine the minor's religious affiliation, and the
4		responsibility for his support.
5		(14) "Shelter" means the temporary care of a minor in
6		physically unrestricting facilities pending court disposition
7		or execution of court order for placement.
8		(15) "Station adjustment" means the informal handling of an
9		alleged offender by a juvenile police officer.
10		(16) "Ward of the court" means a minor who is so adjudged
11		under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
12		requisite jurisdictional facts, and thus is subject to the
13		dispositional powers of the court under this Act.
14		(17) "Juvenile police officer" means a sworn police officer
15		who has completed a Basic Recruit Training Course, has been
16		assigned to the position of juvenile police officer by his or
17		her chief law enforcement officer and has completed the
18		necessary juvenile officers training as prescribed by the
19		Illinois Law Enforcement Training Standards Board, or in the
20		case of a State police officer, juvenile officer training
21		approved by the Director of the Department of State Police.
22		(18) "Secure child care facility" means any child care
23		facility licensed by the Department of Children and Family
24		Services to provide secure living arrangements for children
25		under 18 years of age who are subject to placement in
26		facilities under the Children and Family Services Act and who
27		are not subject to placement in facilities for whom standards
28		are established by the Department of Corrections under Section
29		3-15-2 of the Unified Code of Corrections. "Secure child care
30		facility" also means a facility that is designed and operated
31		to ensure that all entrances and exits from the facility, a
32		building, or a distinct part of the building are under the
33		exclusive control of the staff of the facility, whether or not
34		the child has the freedom of movement within the perimeter of
35		the facility, building, or distinct part of the building.
36		(Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590,

1		eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;
2		91-357, eff. 7-29-99; revised 10-9-03.)
3		(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
4		Sec. 6-9. Enforcement of liability of parents and others.
5		(1) If parentage is at issue in any proceeding under this
6		Act, the Uniform Parentage Act (2000) Illinois Parentage Act of
7		1984 shall apply and the court shall enter orders consistent
8		with that Act. If it appears at any hearing that a parent or
9		any other person named in the petition, liable under the law
10		for the support of the minor, is able to contribute to his or
11		her support, the court shall enter an order requiring that
12		parent or other person to pay the clerk of the court, or to the
13		guardian or custodian appointed under Sections 2-27, 3-28, 4-25
14		or 5-740, a reasonable sum from time to time for the care,
15		support and necessary special care or treatment, of the minor.
16		If the court determines at any hearing that a parent or any
17		other person named in the petition, liable under the law for
18		the support of the minor, is able to contribute to help defray
19		the costs associated with the minor's detention in a county or
20		regional detention center, the court shall enter an order
21		requiring that parent or other person to pay the clerk of the
22		court a reasonable sum for the care and support of the minor.
23		The court may require reasonable security for the payments.
24		Upon failure to pay, the court may enforce obedience to the
25		order by a proceeding as for contempt of court.
26		If it appears that the person liable for the support of the
27		minor is able to contribute to legal fees for representation of
28		the minor, the court shall enter an order requiring that person
29		to pay a reasonable sum for the representation, to the attorney
30		providing the representation or to the clerk of the court for
31		deposit in the appropriate account or fund. The sum may be paid
32		as the court directs, and the payment thereof secured and
33		enforced as provided in this Section for support.
34		If it appears at the detention or shelter care hearing of a
35		minor before the court under Section 5-501 that a parent or any

1		other person liable for support of the minor is able to
2		contribute to his or her support, that parent or other person
3		shall be required to pay a fee for room and board at a rate not
4		to exceed $10 per day established, with the concurrence of the
5		chief judge of the judicial circuit, by the county board of the
6		county in which the minor is detained unless the court
7		determines that it is in the best interest and welfare of the
8		minor to waive the fee. The concurrence of the chief judge
9		shall be in the form of an administrative order. Each week, on
10		a day designated by the clerk of the circuit court, that parent
11		or other person shall pay the clerk for the minor's room and
12		board. All fees for room and board collected by the circuit
13		court clerk shall be disbursed into the separate county fund
14		under Section 6-7.
15		Upon application, the court shall waive liability for
16		support or legal fees under this Section if the parent or other
17		person establishes that he or she is indigent and unable to pay
18		the incurred liability, and the court may reduce or waive
19		liability if the parent or other person establishes
20		circumstances showing that full payment of support or legal
21		fees would result in financial hardship to the person or his or
22		her family.
23		(2) When a person so ordered to pay for the care and
24		support of a minor is employed for wages, salary or commission,
25		the court may order him to make the support payments for which
26		he is liable under this Act out of his wages, salary or
27		commission and to assign so much thereof as will pay the
28		support. The court may also order him to make discovery to the
29		court as to his place of employment and the amounts earned by
30		him. Upon his failure to obey the orders of court he may be
31		punished as for contempt of court.
32		(3) If the minor is a recipient of public aid under the
33		Illinois Public Aid Code, the court shall order that payments
34		made by a parent or through assignment of his wages, salary or
35		commission be made directly to (a) the Illinois Department of
36		Public Aid if the minor is a recipient of aid under Article V

1		of the Code, (b) the Department of Human Services if the minor
2		is a recipient of aid under Article IV of the Code, or (c) the
3		local governmental unit responsible for the support of the
4		minor if he is a recipient under Articles VI or VII of the
5		Code. The order shall permit the Illinois Department of Public
6		Aid, the Department of Human Services, or the local
7		governmental unit, as the case may be, to direct that
8		subsequent payments be made directly to the guardian or
9		custodian of the minor, or to some other person or agency in
10		the minor's behalf, upon removal of the minor from the public
11		aid rolls; and upon such direction and removal of the minor
12		from the public aid rolls, the Illinois Department of Public
13		Aid, Department of Human Services, or local governmental unit,
14		as the case requires, shall give written notice of such action
15		to the court. Payments received by the Illinois Department of
16		Public Aid, Department of Human Services, or local governmental
17		unit are to be covered, respectively, into the General Revenue
18		Fund of the State Treasury or General Assistance Fund of the
19		governmental unit, as provided in Section 10-19 of the Illinois
20		Public Aid Code.
21		(Source: P.A. 90-157, eff. 1-1-98; 90-483, eff. 1-1-98; 90-590,
22		eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)

23		Section 905.13. The Code of Criminal Procedure of 1963 is
24		amended by changing Section 112A-14 as follows:
25		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
26		Sec. 112A-14. Order of protection; remedies.
27		(a) Issuance of order. If the court finds that petitioner
28		has been abused by a family or household member, as defined in
29		this Article, an order of protection prohibiting such abuse
30		shall issue; provided that petitioner must also satisfy the
31		requirements of one of the following Sections, as appropriate:
32		Section 112A-17 on emergency orders, Section 112A-18 on interim
33		orders, or Section 112A-19 on plenary orders. Petitioner shall
34		not be denied an order of protection because petitioner or

1		respondent is a minor. The court, when determining whether or
2		not to issue an order of protection, shall not require physical
3		manifestations of abuse on the person of the victim.
4		Modification and extension of prior orders of protection shall
5		be in accordance with this Article.
6		(b) Remedies and standards. The remedies to be included in
7		an order of protection shall be determined in accordance with
8		this Section and one of the following Sections, as appropriate:
9		Section 112A-17 on emergency orders, Section 112A-18 on interim
10		orders, and Section 112A-19 on plenary orders. The remedies
11		listed in this subsection shall be in addition to other civil
12		or criminal remedies available to petitioner.
13		(1) Prohibition of abuse. Prohibit respondent's
14		harassment, interference with personal liberty,
15		intimidation of a dependent, physical abuse or willful
16		deprivation, as defined in this Article, if such abuse has
17		occurred or otherwise appears likely to occur if not
18		prohibited.
19		(2) Grant of exclusive possession of residence.
20		Prohibit respondent from entering or remaining in any
21		residence or household of the petitioner, including one
22		owned or leased by respondent, if petitioner has a right to
23		occupancy thereof. The grant of exclusive possession of the
24		residence shall not affect title to real property, nor
25		shall the court be limited by the standard set forth in
26		Section 701 of the Illinois Marriage and Dissolution of
27		Marriage Act.
28		(A) Right to occupancy. A party has a right to
29		occupancy of a residence or household if it is solely
30		or jointly owned or leased by that party, that party's
31		spouse, a person with a legal duty to support that
32		party or a minor child in that party's care, or by any
33		person or entity other than the opposing party that
34		authorizes that party's occupancy (e.g., a domestic
35		violence shelter). Standards set forth in subparagraph
36		(B) shall not preclude equitable relief.

1		(B) Presumption of hardships. If petitioner and
2		respondent each has the right to occupancy of a
3		residence or household, the court shall balance (i) the
4		hardships to respondent and any minor child or
5		dependent adult in respondent's care resulting from
6		entry of this remedy with (ii) the hardships to
7		petitioner and any minor child or dependent adult in
8		petitioner's care resulting from continued exposure to
9		the risk of abuse (should petitioner remain at the
10		residence or household) or from loss of possession of
11		the residence or household (should petitioner leave to
12		avoid the risk of abuse). When determining the balance
13		of hardships, the court shall also take into account
14		the accessibility of the residence or household.
15		Hardships need not be balanced if respondent does not
16		have a right to occupancy.
17		The balance of hardships is presumed to favor
18		possession by petitioner unless the presumption is
19		rebutted by a preponderance of the evidence, showing
20		that the hardships to respondent substantially
21		outweigh the hardships to petitioner and any minor
22		child or dependent adult in petitioner's care. The
23		court, on the request of petitioner or on its own
24		motion, may order respondent to provide suitable,
25		accessible, alternate housing for petitioner instead
26		of excluding respondent from a mutual residence or
27		household.
28		(3) Stay away order and additional prohibitions. Order
29		respondent to stay away from petitioner or any other person
30		protected by the order of protection, or prohibit
31		respondent from entering or remaining present at
32		petitioner's school, place of employment, or other
33		specified places at times when petitioner is present, or
34		both, if reasonable, given the balance of hardships.
35		Hardships need not be balanced for the court to enter a
36		stay away order or prohibit entry if respondent has no

1		right to enter the premises.
2		If an order of protection grants petitioner exclusive
3		possession of the residence, or prohibits respondent from
4		entering the residence, or orders respondent to stay away
5		from petitioner or other protected persons, then the court
6		may allow respondent access to the residence to remove
7		items of clothing and personal adornment used exclusively
8		by respondent, medications, and other items as the court
9		directs. The right to access shall be exercised on only one
10		occasion as the court directs and in the presence of an
11		agreed-upon adult third party or law enforcement officer.
12		(4) Counseling. Require or recommend the respondent to
13		undergo counseling for a specified duration with a social
14		worker, psychologist, clinical psychologist, psychiatrist,
15		family service agency, alcohol or substance abuse program,
16		mental health center guidance counselor, agency providing
17		services to elders, program designed for domestic violence
18		abusers or any other guidance service the court deems
19		appropriate.
20		(5) Physical care and possession of the minor child. In
21		order to protect the minor child from abuse, neglect, or
22		unwarranted separation from the person who has been the
23		minor child's primary caretaker, or to otherwise protect
24		the well-being of the minor child, the court may do either
25		or both of the following: (i) grant petitioner physical
26		care or possession of the minor child, or both, or (ii)
27		order respondent to return a minor child to, or not remove
28		a minor child from, the physical care of a parent or person
29		in loco parentis.
30		If a court finds, after a hearing, that respondent has
31		committed abuse (as defined in Section 112A-3) of a minor
32		child, there shall be a rebuttable presumption that
33		awarding physical care to respondent would not be in the
34		minor child's best interest.
35		(6) Temporary legal custody. Award temporary legal
36		custody to petitioner in accordance with this Section, the

1		Illinois Marriage and Dissolution of Marriage Act, the
2		Uniform Parentage Act (2000) the Illinois Parentage Act of
3		1984, and this State's Uniform Child-Custody Jurisdiction
4		and Enforcement Act.
5		If a court finds, after a hearing, that respondent has
6		committed abuse (as defined in Section 112A-3) of a minor
7		child, there shall be a rebuttable presumption that
8		awarding temporary legal custody to respondent would not be
9		in the child's best interest.
10		(7) Visitation. Determine the visitation rights, if
11		any, of respondent in any case in which the court awards
12		physical care or temporary legal custody of a minor child
13		to petitioner. The court shall restrict or deny
14		respondent's visitation with a minor child if the court
15		finds that respondent has done or is likely to do any of
16		the following: (i) abuse or endanger the minor child during
17		visitation; (ii) use the visitation as an opportunity to
18		abuse or harass petitioner or petitioner's family or
19		household members; (iii) improperly conceal or detain the
20		minor child; or (iv) otherwise act in a manner that is not
21		in the best interests of the minor child. The court shall
22		not be limited by the standards set forth in Section 607.1
23		of the Illinois Marriage and Dissolution of Marriage Act.
24		If the court grants visitation, the order shall specify
25		dates and times for the visitation to take place or other
26		specific parameters or conditions that are appropriate. No
27		order for visitation shall refer merely to the term
28		"reasonable visitation".
29		Petitioner may deny respondent access to the minor
30		child if, when respondent arrives for visitation,
31		respondent is under the influence of drugs or alcohol and
32		constitutes a threat to the safety and well-being of
33		petitioner or petitioner's minor children or is behaving in
34		a violent or abusive manner.
35		If necessary to protect any member of petitioner's
36		family or household from future abuse, respondent shall be

1		prohibited from coming to petitioner's residence to meet
2		the minor child for visitation, and the parties shall
3		submit to the court their recommendations for reasonable
4		alternative arrangements for visitation. A person may be
5		approved to supervise visitation only after filing an
6		affidavit accepting that responsibility and acknowledging
7		accountability to the court.
8		(8) Removal or concealment of minor child. Prohibit
9		respondent from removing a minor child from the State or
10		concealing the child within the State.
11		(9) Order to appear. Order the respondent to appear in
12		court, alone or with a minor child, to prevent abuse,
13		neglect, removal or concealment of the child, to return the
14		child to the custody or care of the petitioner or to permit
15		any court-ordered interview or examination of the child or
16		the respondent.
17		(10) Possession of personal property. Grant petitioner
18		exclusive possession of personal property and, if
19		respondent has possession or control, direct respondent to
20		promptly make it available to petitioner, if:
21		(i) petitioner, but not respondent, owns the
22		property; or
23		(ii) the parties own the property jointly; sharing
24		it would risk abuse of petitioner by respondent or is
25		impracticable; and the balance of hardships favors
26		temporary possession by petitioner.
27		If petitioner's sole claim to ownership of the property
28		is that it is marital property, the court may award
29		petitioner temporary possession thereof under the
30		standards of subparagraph (ii) of this paragraph only if a
31		proper proceeding has been filed under the Illinois
32		Marriage and Dissolution of Marriage Act, as now or
33		hereafter amended.
34		No order under this provision shall affect title to
35		property.
36		(11) Protection of property. Forbid the respondent

1		from taking, transferring, encumbering, concealing,
2		damaging or otherwise disposing of any real or personal
3		property, except as explicitly authorized by the court, if:
4		(i) petitioner, but not respondent, owns the
5		property; or
6		(ii) the parties own the property jointly, and the
7		balance of hardships favors granting this remedy.
8		If petitioner's sole claim to ownership of the property
9		is that it is marital property, the court may grant
10		petitioner relief under subparagraph (ii) of this
11		paragraph only if a proper proceeding has been filed under
12		the Illinois Marriage and Dissolution of Marriage Act, as
13		now or hereafter amended.
14		The court may further prohibit respondent from
15		improperly using the financial or other resources of an
16		aged member of the family or household for the profit or
17		advantage of respondent or of any other person.
18		(12) Order for payment of support. Order respondent to
19		pay temporary support for the petitioner or any child in
20		the petitioner's care or custody, when the respondent has a
21		legal obligation to support that person, in accordance with
22		the Illinois Marriage and Dissolution of Marriage Act,
23		which shall govern, among other matters, the amount of
24		support, payment through the clerk and withholding of
25		income to secure payment. An order for child support may be
26		granted to a petitioner with lawful physical care or
27		custody of a child, or an order or agreement for physical
28		care or custody, prior to entry of an order for legal
29		custody. Such a support order shall expire upon entry of a
30		valid order granting legal custody to another, unless
31		otherwise provided in the custody order.
32		(13) Order for payment of losses. Order respondent to
33		pay petitioner for losses suffered as a direct result of
34		the abuse. Such losses shall include, but not be limited
35		to, medical expenses, lost earnings or other support,
36		repair or replacement of property damaged or taken,

1		reasonable attorney's fees, court costs and moving or other
2		travel expenses, including additional reasonable expenses
3		for temporary shelter and restaurant meals.
4		(i) Losses affecting family needs. If a party is
5		entitled to seek maintenance, child support or
6		property distribution from the other party under the
7		Illinois Marriage and Dissolution of Marriage Act, as
8		now or hereafter amended, the court may order
9		respondent to reimburse petitioner's actual losses, to
10		the extent that such reimbursement would be
11		"appropriate temporary relief", as authorized by
12		subsection (a)(3) of Section 501 of that Act.
13		(ii) Recovery of expenses. In the case of an
14		improper concealment or removal of a minor child, the
15		court may order respondent to pay the reasonable
16		expenses incurred or to be incurred in the search for
17		and recovery of the minor child, including but not
18		limited to legal fees, court costs, private
19		investigator fees, and travel costs.
20		(14) Prohibition of entry. Prohibit the respondent
21		from entering or remaining in the residence or household
22		while the respondent is under the influence of alcohol or
23		drugs and constitutes a threat to the safety and well-being
24		of the petitioner or the petitioner's children.
25		(14.5) Prohibition of firearm possession. (a) When a
26		complaint is made under a request for an order of
27		protection, that the respondent has threatened or is likely
28		to use firearms illegally against the petitioner, and the
29		respondent is present in court, or has failed to appear
30		after receiving actual notice, the court shall examine on
31		oath the petitioner, and any witnesses who may be produced.
32		If the court is satisfied that there is any danger of the
33		illegal use of firearms, it shall include in the order of
34		protection the requirement that any firearms in the
35		possession of the respondent, except as provided in
36		subsection (b), be turned over to the local law enforcement

1		agency for safekeeping. If the respondent fails to appear,
2		or refuses or fails to surrender his or her firearms, the
3		court shall issue a warrant for seizure of any firearm in
4		the possession of the respondent. The period of safekeeping
5		shall be for a stated period of time not to exceed 2 years.
6		The firearm or firearms shall be returned to the respondent
7		at the end of the stated period or at expiration of the
8		order of protection, whichever is sooner. (b) If the
9		respondent is a peace officer as defined in Section 2-13 of
10		the Criminal Code of 1961, the court shall order that any
11		firearms used by the respondent in the performance of his
12		or her duties as a peace officer be surrendered to the
13		chief law enforcement executive of the agency in which the
14		respondent is employed, who shall retain the firearms for
15		safekeeping for the stated period not to exceed 2 years as
16		set forth in the court order.
17		(15) Prohibition of access to records. If an order of
18		protection prohibits respondent from having contact with
19		the minor child, or if petitioner's address is omitted
20		under subsection (b) of Section 112A-5, or if necessary to
21		prevent abuse or wrongful removal or concealment of a minor
22		child, the order shall deny respondent access to, and
23		prohibit respondent from inspecting, obtaining, or
24		attempting to inspect or obtain, school or any other
25		records of the minor child who is in the care of
26		petitioner.
27		(16) Order for payment of shelter services. Order
28		respondent to reimburse a shelter providing temporary
29		housing and counseling services to the petitioner for the
30		cost of the services, as certified by the shelter and
31		deemed reasonable by the court.
32		(17) Order for injunctive relief. Enter injunctive
33		relief necessary or appropriate to prevent further abuse of
34		a family or household member or to effectuate one of the
35		granted remedies, if supported by the balance of hardships.
36		If the harm to be prevented by the injunction is abuse or

1		any other harm that one of the remedies listed in
2		paragraphs (1) through (16) of this subsection is designed
3		to prevent, no further evidence is necessary to establish
4		that the harm is an irreparable injury.
5		(c) Relevant factors; findings.
6		(1) In determining whether to grant a specific remedy,
7		other than payment of support, the court shall consider
8		relevant factors, including but not limited to the
9		following:
10		(i) the nature, frequency, severity, pattern and
11		consequences of the respondent's past abuse of the
12		petitioner or any family or household member,
13		including the concealment of his or her location in
14		order to evade service of process or notice, and the
15		likelihood of danger of future abuse to petitioner or
16		any member of petitioner's or respondent's family or
17		household; and
18		(ii) the danger that any minor child will be abused
19		or neglected or improperly removed from the
20		jurisdiction, improperly concealed within the State or
21		improperly separated from the child's primary
22		caretaker.
23		(2) In comparing relative hardships resulting to the
24		parties from loss of possession of the family home, the
25		court shall consider relevant factors, including but not
26		limited to the following:
27		(i) availability, accessibility, cost, safety,
28		adequacy, location and other characteristics of
29		alternate housing for each party and any minor child or
30		dependent adult in the party's care;
31		(ii) the effect on the party's employment; and
32		(iii) the effect on the relationship of the party,
33		and any minor child or dependent adult in the party's
34		care, to family, school, church and community.
35		(3) Subject to the exceptions set forth in paragraph
36		(4) of this subsection, the court shall make its findings

1		in an official record or in writing, and shall at a minimum
2		set forth the following:
3		(i) That the court has considered the applicable
4		relevant factors described in paragraphs (1) and (2) of
5		this subsection.
6		(ii) Whether the conduct or actions of respondent,
7		unless prohibited, will likely cause irreparable harm
8		or continued abuse.
9		(iii) Whether it is necessary to grant the
10		requested relief in order to protect petitioner or
11		other alleged abused persons.
12		(4) For purposes of issuing an ex parte emergency order
13		of protection, the court, as an alternative to or as a
14		supplement to making the findings described in paragraphs
15		(c)(3)(i) through (c)(3)(iii) of this subsection, may use
16		the following procedure:
17		When a verified petition for an emergency order of
18		protection in accordance with the requirements of Sections
19		112A-5 and 112A-17 is presented to the court, the court
20		shall examine petitioner on oath or affirmation. An
21		emergency order of protection shall be issued by the court
22		if it appears from the contents of the petition and the
23		examination of petitioner that the averments are
24		sufficient to indicate abuse by respondent and to support
25		the granting of relief under the issuance of the emergency
26		order of protection.
27		(5) Never married parties. No rights or
28		responsibilities for a minor child born outside of marriage
29		attach to a putative father until a father and child
30		relationship has been established under the Illinois
31		Parentage Act of 1984 or under the Uniform Parentage Act
32		(2000). Absent such an adjudication, no putative father
33		shall be granted temporary custody of the minor child,
34		visitation with the minor child, or physical care and
35		possession of the minor child, nor shall an order of
36		payment for support of the minor child be entered.

1		(d) Balance of hardships; findings. If the court finds that
2		the balance of hardships does not support the granting of a
3		remedy governed by paragraph (2), (3), (10), (11), or (16) of
4		subsection (b) of this Section, which may require such
5		balancing, the court's findings shall so indicate and shall
6		include a finding as to whether granting the remedy will result
7		in hardship to respondent that would substantially outweigh the
8		hardship to petitioner from denial of the remedy. The findings
9		shall be an official record or in writing.
10		(e) Denial of remedies. Denial of any remedy shall not be
11		based, in whole or in part, on evidence that:
12		(1) Respondent has cause for any use of force, unless
13		that cause satisfies the standards for justifiable use of
14		force provided by Article VII of the Criminal Code of 1961;
15		(2) Respondent was voluntarily intoxicated;
16		(3) Petitioner acted in self-defense or defense of
17		another, provided that, if petitioner utilized force, such
18		force was justifiable under Article VII of the Criminal
19		Code of 1961;
20		(4) Petitioner did not act in self-defense or defense
21		of another;
22		(5) Petitioner left the residence or household to avoid
23		further abuse by respondent;
24		(6) Petitioner did not leave the residence or household
25		to avoid further abuse by respondent;
26		(7) Conduct by any family or household member excused
27		the abuse by respondent, unless that same conduct would
28		have excused such abuse if the parties had not been family
29		or household members.
30		(Source: P.A. 93-108, eff. 1-1-04.)

31		Section 905.14. The Unified Code of Corrections is amended
32		by changing Section 3-5-4 as follows:
33		(730 ILCS 5/3-5-4)
34		Sec. 3-5-4. Exchange of information for child support

1		enforcement.
2		(a) The Department shall exchange with the Illinois
3		Department of Public Aid information that may be necessary for
4		the enforcement of child support orders entered pursuant to the
5		Illinois Public Aid Code, the Illinois Marriage and Dissolution
6		of Marriage Act, the Non-Support of Spouse and Children Act,
7		the Non-Support Punishment Act, the Revised Uniform Reciprocal
8		Enforcement of Support Act, the Uniform Interstate Family
9		Support Act, or the Illinois Parentage Act of 1984, or the
10		Uniform Parentage Act (2000).
11		(b) Notwithstanding any provisions in this Code to the
12		contrary, the Department shall not be liable to any person for
13		any disclosure of information to the Illinois Department of
14		Public Aid under subsection (a) or for any other action taken
15		in good faith to comply with the requirements of subsection
16		(a).
17		(Source: P.A. 90-18, eff. 1-1-97; 91-613, eff. 10-1-99.)

18		Section 905.15. The Code of Civil Procedure is amended by
19		changing Sections 2-209, 2-1401, and 12-112 as follows:
20		(735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
21		Sec. 2-209. Act submitting to jurisdiction - Process.
22		(a) Any person, whether or not a citizen or resident of
23		this State, who in person or through an agent does any of the
24		acts hereinafter enumerated, thereby submits such person, and,
25		if an individual, his or her personal representative, to the
26		jurisdiction of the courts of this State as to any cause of
27		action arising from the doing of any of such acts:
28		(1) The transaction of any business within this State;
29		(2) The commission of a tortious act within this State;
30		(3) The ownership, use, or possession of any real
31		estate situated in this State;
32		(4) Contracting to insure any person, property or risk
33		located within this State at the time of contracting;
34		(5) With respect to actions of dissolution of marriage,

1		declaration of invalidity of marriage and legal
2		separation, the maintenance in this State of a matrimonial
3		domicile at the time this cause of action arose or the
4		commission in this State of any act giving rise to the
5		cause of action;
6		(6) With respect to actions brought under the Illinois
7		Parentage Act of 1984, as now or hereafter amended, or
8		under the Uniform Parentage Act (2000), the performance of
9		an act of sexual intercourse within this State during the
10		possible period of conception;
11		(7) The making or performance of any contract or
12		promise substantially connected with this State;
13		(8) The performance of sexual intercourse within this
14		State which is claimed to have resulted in the conception
15		of a child who resides in this State;
16		(9) The failure to support a child, spouse or former
17		spouse who has continued to reside in this State since the
18		person either formerly resided with them in this State or
19		directed them to reside in this State;
20		(10) The acquisition of ownership, possession or
21		control of any asset or thing of value present within this
22		State when ownership, possession or control was acquired;
23		(11) The breach of any fiduciary duty within this
24		State;
25		(12) The performance of duties as a director or officer
26		of a corporation organized under the laws of this State or
27		having its principal place of business within this State;
28		(13) The ownership of an interest in any trust
29		administered within this State; or
30		(14) The exercise of powers granted under the authority
31		of this State as a fiduciary.
32		(b) A court may exercise jurisdiction in any action arising
33		within or without this State against any person who:
34		(1) Is a natural person present within this State when
35		served;
36		(2) Is a natural person domiciled or resident within

1		this State when the cause of action arose, the action was
2		commenced, or process was served;
3		(3) Is a corporation organized under the laws of this
4		State; or
5		(4) Is a natural person or corporation doing business
6		within this State.
7		(c) A court may also exercise jurisdiction on any other
8		basis now or hereafter permitted by the Illinois Constitution
9		and the Constitution of the United States.
10		(d) Service of process upon any person who is subject to
11		the jurisdiction of the courts of this State, as provided in
12		this Section, may be made by personally serving the summons
13		upon the defendant outside this State, as provided in this Act,
14		with the same force and effect as though summons had been
15		personally served within this State.
16		(e) Service of process upon any person who resides or whose
17		business address is outside the United States and who is
18		subject to the jurisdiction of the courts of this State, as
19		provided in this Section, in any action based upon product
20		liability may be made by serving a copy of the summons with a
21		copy of the complaint attached upon the Secretary of State. The
22		summons shall be accompanied by a $5 fee payable to the
23		Secretary of State. The plaintiff shall forthwith mail a copy
24		of the summons, upon which the date of service upon the
25		Secretary is clearly shown, together with a copy of the
26		complaint to the defendant at his or her last known place of
27		residence or business address. Plaintiff shall file with the
28		circuit clerk an affidavit of the plaintiff or his or her
29		attorney stating the last known place of residence or the last
30		known business address of the defendant and a certificate of
31		mailing a copy of the summons and complaint to the defendant at
32		such address as required by this subsection (e). The
33		certificate of mailing shall be prima facie evidence that the
34		plaintiff or his or her attorney mailed a copy of the summons
35		and complaint to the defendant as required. Service of the
36		summons shall be deemed to have been made upon the defendant on

1		the date it is served upon the Secretary and shall have the
2		same force and effect as though summons had been personally
3		served upon the defendant within this State.
4		(f) Only causes of action arising from acts enumerated
5		herein may be asserted against a defendant in an action in
6		which jurisdiction over him or her is based upon subsection
7		(a).
8		(g) Nothing herein contained limits or affects the right to
9		serve any process in any other manner now or hereafter provided
10		by law.
11		(Source: P.A. 86-840.)
12		(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
13		Sec. 2-1401. Relief from judgments.
14		(a) Relief from final orders and judgments, after 30 days
15		from the entry thereof, may be had upon petition as provided in
16		this Section. Writs of error coram nobis and coram vobis, bills
17		of review and bills in the nature of bills of review are
18		abolished. All relief heretofore obtainable and the grounds for
19		such relief heretofore available, whether by any of the
20		foregoing remedies or otherwise, shall be available in every
21		case, by proceedings hereunder, regardless of the nature of the
22		order or judgment from which relief is sought or of the
23		proceedings in which it was entered. Except as provided in the
24		Uniform Parentage Act (2000) Section 6 of the Illinois
25		Parentage Act of 1984, there shall be no distinction between
26		actions and other proceedings, statutory or otherwise, as to
27		availability of relief, grounds for relief or the relief
28		obtainable.
29		(b) The petition must be filed in the same proceeding in
30		which the order or judgment was entered but is not a
31		continuation thereof. The petition must be supported by
32		affidavit or other appropriate showing as to matters not of
33		record. All parties to the petition shall be notified as
34		provided by rule.
35		(c) Except as provided in Section 20b of the Adoption Act

1		and Section 2-32 3-32 of the Juvenile Court Act of 1987 or in a
2		petition based upon Section 116-3 of the Code of Criminal
3		Procedure of 1963, the petition must be filed not later than 2
4		years after the entry of the order or judgment. Time during
5		which the person seeking relief is under legal disability or
6		duress or the ground for relief is fraudulently concealed shall
7		be excluded in computing the period of 2 years.
8		(d) The filing of a petition under this Section does not
9		affect the order or judgment, or suspend its operation.
10		(e) Unless lack of jurisdiction affirmatively appears from
11		the record proper, the vacation or modification of an order or
12		judgment pursuant to the provisions of this Section does not
13		affect the right, title or interest in or to any real or
14		personal property of any person, not a party to the original
15		action, acquired for value after the entry of the order or
16		judgment but before the filing of the petition, nor affect any
17		right of any person not a party to the original action under
18		any certificate of sale issued before the filing of the
19		petition, pursuant to a sale based on the order or judgment.
20		(f) Nothing contained in this Section affects any existing
21		right to relief from a void order or judgment, or to employ any
22		existing method to procure that relief.
23		(Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141,
24		eff. 1-1-98; 90-655, eff. 7-30-98; revised 11-06-02.)
25		(735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
26		Sec. 12-112. What liable to enforcement. All the lands,
27		tenements, real estate, goods and chattels (except such as is
28		by law declared to be exempt) of every person against whom any
29		judgment has been or shall be hereafter entered in any court,
30		for any debt, damages, costs, or other sum of money, shall be
31		liable to be sold upon such judgment. Any real property, or any
32		beneficial interest in a land trust, held in tenancy by the
33		entirety shall not be liable to be sold upon judgment entered
34		on or after October 1, 1990 against only one of the tenants,
35		except if the property was transferred into tenancy by the

1		entirety with the sole intent to avoid the payment of debts
2		existing at the time of the transfer beyond the transferor's
3		ability to pay those debts as they become due. However, any
4		income from such property shall be subject to garnishment as
5		provided in Part 7 of this Article XII, whether judgment has
6		been entered against one or both of the tenants.
7		If the court authorizes the piercing of the ownership veil
8		pursuant to Section 505 of the Illinois Marriage and
9		Dissolution of Marriage Act or Section 15 of the Illinois
10		Parentage Act of 1984, any assets determined to be those of the
11		non-custodial parent, although not held in name of the
12		non-custodial parent, shall be subject to attachment or other
13		provisional remedy in accordance with the procedure prescribed
14		by this Code. The court may not authorize attachment of
15		property or any other provisional remedy under this paragraph
16		unless it has obtained jurisdiction over the entity holding
17		title to the property by proper service on that entity. With
18		respect to assets which are real property, no order entered as
19		described in this paragraph shall affect the rights of bona
20		fide purchasers, mortgagees, judgment creditors, or other lien
21		holders who acquire their interests in the property prior to
22		the time a notice of lis pendens pursuant to this Code or a
23		copy of the order is placed of record in the office of the
24		recorder of deeds for the county in which the real property is
25		located.
26		This amendatory Act of 1995 (P.A. 89-438) is declarative of
27		existing law.
28		This amendatory Act of 1997 (P.A. 90-514) is intended as a
29		clarification of existing law and not as a new enactment.
30		(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95;
31		90-476, eff. 1-1-98; 90-514, eff. 8-22-97; 90-655, eff.
32		7-30-98.)

33		Section 905.16. The Illinois Marriage and Dissolution of
34		Marriage Act is amended by changing Section 713 as follows:

1		(750 ILCS 5/713) (from Ch. 40, par. 713)
2		Sec. 713. Attachment of the Body. As used in this Section,
3		"obligor" has the same meaning ascribed to such term in the
4		Income Withholding for Support Act.
5		(a) In any proceeding to enforce an order for support,
6		where the obligor has failed to appear in court pursuant to
7		order of court and after due notice thereof, the court may
8		enter an order for the attachment of the body of the obligor.
9		Notices under this Section shall be served upon the obligor by
10		any means authorized under subsection (a-5) of Section 505. The
11		attachment order shall fix an amount of escrow which is equal
12		to a minimum of 20% of the total child support arrearage
13		alleged by the obligee in sworn testimony to be due and owing.
14		The attachment order shall direct the Sheriff of any county in
15		Illinois to take the obligor into custody and shall set the
16		number of days following release from custody for a hearing to
17		be held at which the obligor must appear, if he is released
18		under subsection (b) of this Section.
19		(b) If the obligor is taken into custody, the Sheriff shall
20		take the obligor before the court which entered the attachment
21		order. However, the Sheriff may release the person after he or
22		she has deposited the amount of escrow ordered by the court
23		pursuant to local procedures for the posting of bond. The
24		Sheriff shall advise the obligor of the hearing date at which
25		the obligor is required to appear.
26		(c) Any escrow deposited pursuant to this Section shall be
27		transmitted to the Clerk of the Circuit Court for the county in
28		which the order for attachment of the body of the obligor was
29		entered. Any Clerk who receives money deposited into escrow
30		pursuant to this Section shall notify the obligee, public
31		office or legal counsel whose name appears on the attachment
32		order of the court date at which the obligor is required to
33		appear and the amount deposited into escrow. The Clerk shall
34		disburse such money to the obligee only under an order from the
35		court that entered the attachment order pursuant to this
36		Section.

1		(d) Whenever an obligor is taken before the court by the
2		Sheriff, or appears in court after the court has ordered the
3		attachment of his body, the court shall:
4		(1) hold a hearing on the complaint or petition that
5		gave rise to the attachment order. For purposes of
6		determining arrearages that are due and owing by the
7		obligor, the court shall accept the previous sworn
8		testimony of the obligee as true and the appearance of the
9		obligee shall not be required. The court shall require
10		sworn testimony of the obligor as to his or her Social
11		Security number, income, employment, bank accounts,
12		property and any other assets. If there is a dispute as to
13		the total amount of arrearages, the court shall proceed as
14		in any other case as to the undisputed amounts; and
15		(2) order the Clerk of the Circuit Court to disburse to
16		the obligee or public office money held in escrow pursuant
17		to this Section if the court finds that the amount of
18		arrearages exceeds the amount of the escrow. Amounts
19		received by the obligee or public office shall be deducted
20		from the amount of the arrearages.
21		(e) If the obligor fails to appear in court after being
22		notified of the court date by the Sheriff upon release from
23		custody, the court shall order any monies deposited into escrow
24		to be immediately released to the obligee or public office and
25		shall proceed under subsection (a) of this Section by entering
26		another order for the attachment of the body of the obligor.
27		(f) This Section shall apply to any order for support
28		issued under the "Illinois Marriage and Dissolution of Marriage
29		Act", approved September 22, 1977, as amended; the Uniform
30		Parentage Act (2000); the "Illinois Parentage Act of 1984",
31		effective July 1, 1985, as amended; the "Revised Uniform
32		Reciprocal Enforcement of Support Act", approved August 28,
33		1969, as amended; "The Illinois Public Aid Code", approved
34		April 11, 1967, as amended; the Non-Support Punishment Act; and
35		the "Non-support of Spouse and Children Act", approved June 8,
36		1953, as amended.

1		(g) Any escrow established pursuant to this Section for the
2		purpose of providing support shall not be subject to fees
3		collected by the Clerk of the Circuit Court for any other
4		escrow.
5		(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
6		92-16, eff. 6-28-01.)

7		Section 905.17. The Expedited Child Support Act of 1990 is
8		amended by changing Section 6 as follows:
9		(750 ILCS 25/6) (from Ch. 40, par. 2706)
10		Sec. 6. Authority of hearing officers.
11		(a) With the exception of judicial functions exclusively
12		retained by the court in Section 8 of this Act and in
13		accordance with Supreme Court rules promulgated pursuant to
14		this Act, Administrative Hearing Officers shall be authorized
15		to:
16		(1) Accept voluntary agreements reached by the parties
17		setting the amount of child support to be paid and medical
18		support liability and recommend the entry of orders
19		incorporating such agreements.
20		(2) Accept voluntary acknowledgments of parentage and
21		recommend entry of an order establishing parentage based on
22		such acknowledgement. Prior to accepting such
23		acknowledgment, the Administrative Hearing Officer shall
24		advise the putative father of his rights and obligations in
25		accordance with Supreme Court rules promulgated pursuant
26		to this Act.
27		(3) Manage all stages of discovery, including setting
28		deadlines by which discovery must be completed; and
29		directing the parties to submit to appropriate tests
30		pursuant to the Uniform Parentage Act (2000) Section 11 of
31		the Illinois Parentage Act of 1984.
32		(4) Cause notices to be issued requiring the Obligor to
33		appear either before the Administrative Hearing Officer or
34		in court.

1		(5) Administer the oath or affirmation and take
2		testimony under oath or affirmation.
3		(6) Analyze the evidence and prepare written
4		recommendations based on such evidence, including but not
5		limited to: (i) proposed findings as to the amount of the
6		Obligor's income; (ii) proposed findings as to the amount
7		and nature of appropriate deductions from the Obligor's
8		income to determine the Obligor's net income; (iii)
9		proposed findings as to the existence of relevant factors
10		as set forth in subsection (a)(2) of Section 505 of the
11		Illinois Marriage and Dissolution of Marriage Act, which
12		justify setting child support payment levels above or below
13		the guidelines; (iv) recommended orders for temporary
14		child support; (v) recommended orders setting the amount of
15		current child support to be paid; (vi) proposed findings as
16		to the existence and amount of any arrearages; (vii)
17		recommended orders reducing any arrearages to judgement
18		and for the payment of amounts towards such arrearages;
19		(viii) proposed findings as to whether there has been a
20		substantial change of circumstances since the entry of the
21		last child support order, or other circumstances
22		justifying a modification of the child support order; and
23		(ix) proposed findings as to whether the Obligor is
24		employed.
25		(7) With respect to any unemployed Obligor who is not
26		making child support payments or is otherwise unable to
27		provide support, recommend that the Obligor be ordered to
28		seek employment and report periodically of his or her
29		efforts in accordance with such order. Additionally, the
30		Administrative Hearing Officer may recommend that the
31		Obligor be ordered to report to the Department of
32		Employment Security for job search services or to make
33		application with the local Job Training Partnership Act
34		provider for participation in job search, training or work
35		programs and, where the duty of support is owed to a child
36		receiving child support enforcement services under Article

1		X of the Illinois Public Aid Code, the Administrative
2		Hearing Officer may recommend that the Obligor be ordered
3		to report to the Illinois Department of Public Aid for
4		participation in the job search, training or work programs
5		established under Section 9-6 of the Public Aid Code.
6		(8) Recommend the registration of any foreign support
7		judgments or orders as the judgments or orders of Illinois.
8		(b) In any case in which the Obligee is not participating
9		in the IV-D program or has not applied to participate in the
10		IV-D program, the Administrative Hearing Officer shall:
11		(1) inform the Obligee of the existence of the IV-D
12		program and provide applications on request; and
13		(2) inform the Obligee and the Obligor of the option of
14		requesting payment to be made through the Clerk of the
15		Circuit Court.
16		If a request for payment through the Clerk is made, the
17		Administrative Hearing Officer shall note this fact in the
18		recommendations to the court.
19		(c) The Administrative Hearing Officer may make
20		recommendations in addition to the proposed findings of fact
21		and recommended order to which the parties have agreed.
22		(Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02.)

23		Section 905.18. The Adoption Act is amended by changing
24		Sections 1, 7, 8, 12.1, and 18.06 as follows:
25		(750 ILCS 50/1) (from Ch. 40, par. 1501)
26		Sec. 1. Definitions. When used in this Act, unless the
27		context otherwise requires:
28		A. "Child" means a person under legal age subject to
29		adoption under this Act.
30		B. "Related child" means a child subject to adoption where
31		either or both of the adopting parents stands in any of the
32		following relationships to the child by blood or marriage:
33		parent, grand-parent, brother, sister, step-parent,
34		step-grandparent, step-brother, step-sister, uncle, aunt,

1		great-uncle, great-aunt, or cousin of first degree. A child
2		whose parent has executed a final irrevocable consent to
3		adoption or a final irrevocable surrender for purposes of
4		adoption, or whose parent has had his or her parental rights
5		terminated, is not a related child to that person, unless the
6		consent is determined to be void or is void pursuant to
7		subsection O of Section 10.
8		C. "Agency" for the purpose of this Act means a public
9		child welfare agency or a licensed child welfare agency.
10		D. "Unfit person" means any person whom the court shall
11		find to be unfit to have a child, without regard to the
12		likelihood that the child will be placed for adoption. The
13		grounds of unfitness are any one or more of the following,
14		except that a person shall not be considered an unfit person
15		for the sole reason that the person has relinquished a child in
16		accordance with the Abandoned Newborn Infant Protection Act:
17		(a) Abandonment of the child.
18		(a-1) Abandonment of a newborn infant in a hospital.
19		(a-2) Abandonment of a newborn infant in any setting
20		where the evidence suggests that the parent intended to
21		relinquish his or her parental rights.
22		(b) Failure to maintain a reasonable degree of
23		interest, concern or responsibility as to the child's
24		welfare.
25		(c) Desertion of the child for more than 3 months next
26		preceding the commencement of the Adoption proceeding.
27		(d) Substantial neglect of the child if continuous or
28		repeated.
29		(d-1) Substantial neglect, if continuous or repeated,
30		of any child residing in the household which resulted in
31		the death of that child.
32		(e) Extreme or repeated cruelty to the child.
33		(f) Two or more findings of physical abuse to any
34		children under Section 4-8 of the Juvenile Court Act or
35		Section 2-21 of the Juvenile Court Act of 1987, the most
36		recent of which was determined by the juvenile court

1		hearing the matter to be supported by clear and convincing
2		evidence; a criminal conviction or a finding of not guilty
3		by reason of insanity resulting from the death of any child
4		by physical child abuse; or a finding of physical child
5		abuse resulting from the death of any child under Section
6		4-8 of the Juvenile Court Act or Section 2-21 of the
7		Juvenile Court Act of 1987.
8		(g) Failure to protect the child from conditions within
9		his environment injurious to the child's welfare.
10		(h) Other neglect of, or misconduct toward the child;
11		provided that in making a finding of unfitness the court
12		hearing the adoption proceeding shall not be bound by any
13		previous finding, order or judgment affecting or
14		determining the rights of the parents toward the child
15		sought to be adopted in any other proceeding except such
16		proceedings terminating parental rights as shall be had
17		under either this Act, the Juvenile Court Act or the
18		Juvenile Court Act of 1987.
19		(i) Depravity. Conviction of any one of the following
20		crimes shall create a presumption that a parent is depraved
21		which can be overcome only by clear and convincing
22		evidence: (1) first degree murder in violation of paragraph
23		1 or 2 of subsection (a) of Section 9-1 of the Criminal
24		Code of 1961 or conviction of second degree murder in
25		violation of subsection (a) of Section 9-2 of the Criminal
26		Code of 1961 of a parent of the child to be adopted; (2)
27		first degree murder or second degree murder of any child in
28		violation of the Criminal Code of 1961; (3) attempt or
29		conspiracy to commit first degree murder or second degree
30		murder of any child in violation of the Criminal Code of
31		1961; (4) solicitation to commit murder of any child,
32		solicitation to commit murder of any child for hire, or
33		solicitation to commit second degree murder of any child in
34		violation of the Criminal Code of 1961; or (5) aggravated
35		criminal sexual assault in violation of Section
36		12-14(b)(1) of the Criminal Code of 1961.

1		There is a rebuttable presumption that a parent is
2		depraved if the parent has been criminally convicted of at
3		least 3 felonies under the laws of this State or any other
4		state, or under federal law, or the criminal laws of any
5		United States territory; and at least one of these
6		convictions took place within 5 years of the filing of the
7		petition or motion seeking termination of parental rights.
8		There is a rebuttable presumption that a parent is
9		depraved if that parent has been criminally convicted of
10		either first or second degree murder of any person as
11		defined in the Criminal Code of 1961 within 10 years of the
12		filing date of the petition or motion to terminate parental
13		rights.
14		(j) Open and notorious adultery or fornication.
15		(j-1) (Blank).
16		(k) Habitual drunkenness or addiction to drugs, other
17		than those prescribed by a physician, for at least one year
18		immediately prior to the commencement of the unfitness
19		proceeding.
20		There is a rebuttable presumption that a parent is
21		unfit under this subsection with respect to any child to
22		which that parent gives birth where there is a confirmed
23		test result that at birth the child's blood, urine, or
24		meconium contained any amount of a controlled substance as
25		defined in subsection (f) of Section 102 of the Illinois
26		Controlled Substances Act or metabolites of such
27		substances, the presence of which in the newborn infant was
28		not the result of medical treatment administered to the
29		mother or the newborn infant; and the biological mother of
30		this child is the biological mother of at least one other
31		child who was adjudicated a neglected minor under
32		subsection (c) of Section 2-3 of the Juvenile Court Act of
33		1987.
34		(l) Failure to demonstrate a reasonable degree of
35		interest, concern or responsibility as to the welfare of a
36		new born child during the first 30 days after its birth.

1		(m) Failure by a parent (i) to make reasonable efforts
2		to correct the conditions that were the basis for the
3		removal of the child from the parent, or (ii) to make
4		reasonable progress toward the return of the child to the
5		parent within 9 months after an adjudication of neglected
6		or abused minor under Section 2-3 of the Juvenile Court Act
7		of 1987 or dependent minor under Section 2-4 of that Act,
8		or (iii) to make reasonable progress toward the return of
9		the child to the parent during any 9-month period after the
10		end of the initial 9-month period following the
11		adjudication of neglected or abused minor under Section 2-3
12		of the Juvenile Court Act of 1987 or dependent minor under
13		Section 2-4 of that Act. If a service plan has been
14		established as required under Section 8.2 of the Abused and
15		Neglected Child Reporting Act to correct the conditions
16		that were the basis for the removal of the child from the
17		parent and if those services were available, then, for
18		purposes of this Act, "failure to make reasonable progress
19		toward the return of the child to the parent" includes (I)
20		the parent's failure to substantially fulfill his or her
21		obligations under the service plan and correct the
22		conditions that brought the child into care within 9 months
23		after the adjudication under Section 2-3 or 2-4 of the
24		Juvenile Court Act of 1987 and (II) the parent's failure to
25		substantially fulfill his or her obligations under the
26		service plan and correct the conditions that brought the
27		child into care during any 9-month period after the end of
28		the initial 9-month period following the adjudication
29		under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
30		(m-1) Pursuant to the Juvenile Court Act of 1987, a
31		child has been in foster care for 15 months out of any 22
32		month period which begins on or after the effective date of
33		this amendatory Act of 1998 unless the child's parent can
34		prove by a preponderance of the evidence that it is more
35		likely than not that it will be in the best interests of
36		the child to be returned to the parent within 6 months of

1		the date on which a petition for termination of parental
2		rights is filed under the Juvenile Court Act of 1987. The
3		15 month time limit is tolled during any period for which
4		there is a court finding that the appointed custodian or
5		guardian failed to make reasonable efforts to reunify the
6		child with his or her family, provided that (i) the finding
7		of no reasonable efforts is made within 60 days of the
8		period when reasonable efforts were not made or (ii) the
9		parent filed a motion requesting a finding of no reasonable
10		efforts within 60 days of the period when reasonable
11		efforts were not made. For purposes of this subdivision
12		(m-1), the date of entering foster care is the earlier of:
13		(i) the date of a judicial finding at an adjudicatory
14		hearing that the child is an abused, neglected, or
15		dependent minor; or (ii) 60 days after the date on which
16		the child is removed from his or her parent, guardian, or
17		legal custodian.
18		(n) Evidence of intent to forgo his or her parental
19		rights, whether or not the child is a ward of the court,
20		(1) as manifested by his or her failure for a period of 12
21		months: (i) to visit the child, (ii) to communicate with
22		the child or agency, although able to do so and not
23		prevented from doing so by an agency or by court order, or
24		(iii) to maintain contact with or plan for the future of
25		the child, although physically able to do so, or (2) as
26		manifested by the father's failure, where he and the mother
27		of the child were unmarried to each other at the time of
28		the child's birth, (i) to commence legal proceedings to
29		establish his paternity under the Illinois Parentage Act of
30		1984, the Uniform Parentage Act (2000), or the law of the
31		jurisdiction of the child's birth within 30 days of being
32		informed, pursuant to Section 12a of this Act, that he is
33		the father or the likely father of the child or, after
34		being so informed where the child is not yet born, within
35		30 days of the child's birth, or (ii) to make a good faith
36		effort to pay a reasonable amount of the expenses related

1		to the birth of the child and to provide a reasonable
2		amount for the financial support of the child, the court to
3		consider in its determination all relevant circumstances,
4		including the financial condition of both parents;
5		provided that the ground for termination provided in this
6		subparagraph (n)(2)(ii) shall only be available where the
7		petition is brought by the mother or the husband of the
8		mother.
9		Contact or communication by a parent with his or her
10		child that does not demonstrate affection and concern does
11		not constitute reasonable contact and planning under
12		subdivision (n). In the absence of evidence to the
13		contrary, the ability to visit, communicate, maintain
14		contact, pay expenses and plan for the future shall be
15		presumed. The subjective intent of the parent, whether
16		expressed or otherwise, unsupported by evidence of the
17		foregoing parental acts manifesting that intent, shall not
18		preclude a determination that the parent has intended to
19		forgo his or her parental rights. In making this
20		determination, the court may consider but shall not require
21		a showing of diligent efforts by an authorized agency to
22		encourage the parent to perform the acts specified in
23		subdivision (n).
24		It shall be an affirmative defense to any allegation
25		under paragraph (2) of this subsection that the father's
26		failure was due to circumstances beyond his control or to
27		impediments created by the mother or any other person
28		having legal custody. Proof of that fact need only be by a
29		preponderance of the evidence.
30		(o) Repeated or continuous failure by the parents,
31		although physically and financially able, to provide the
32		child with adequate food, clothing, or shelter.
33		(p) Inability to discharge parental responsibilities
34		supported by competent evidence from a psychiatrist,
35		licensed clinical social worker, or clinical psychologist
36		of mental impairment, mental illness or mental retardation

1		as defined in Section 1-116 of the Mental Health and
2		Developmental Disabilities Code, or developmental
3		disability as defined in Section 1-106 of that Code, and
4		there is sufficient justification to believe that the
5		inability to discharge parental responsibilities shall
6		extend beyond a reasonable time period. However, this
7		subdivision (p) shall not be construed so as to permit a
8		licensed clinical social worker to conduct any medical
9		diagnosis to determine mental illness or mental
10		impairment.
11		(q) The parent has been criminally convicted of
12		aggravated battery, heinous battery, or attempted murder
13		of any child.
14		(r) The child is in the temporary custody or
15		guardianship of the Department of Children and Family
16		Services, the parent is incarcerated as a result of
17		criminal conviction at the time the petition or motion for
18		termination of parental rights is filed, prior to
19		incarceration the parent had little or no contact with the
20		child or provided little or no support for the child, and
21		the parent's incarceration will prevent the parent from
22		discharging his or her parental responsibilities for the
23		child for a period in excess of 2 years after the filing of
24		the petition or motion for termination of parental rights.
25		(s) The child is in the temporary custody or
26		guardianship of the Department of Children and Family
27		Services, the parent is incarcerated at the time the
28		petition or motion for termination of parental rights is
29		filed, the parent has been repeatedly incarcerated as a
30		result of criminal convictions, and the parent's repeated
31		incarceration has prevented the parent from discharging
32		his or her parental responsibilities for the child.
33		(t) A finding that at birth the child's blood, urine,
34		or meconium contained any amount of a controlled substance
35		as defined in subsection (f) of Section 102 of the Illinois
36		Controlled Substances Act, or a metabolite of a controlled

1		substance, with the exception of controlled substances or
2		metabolites of such substances, the presence of which in
3		the newborn infant was the result of medical treatment
4		administered to the mother or the newborn infant, and that
5		the biological mother of this child is the biological
6		mother of at least one other child who was adjudicated a
7		neglected minor under subsection (c) of Section 2-3 of the
8		Juvenile Court Act of 1987, after which the biological
9		mother had the opportunity to enroll in and participate in
10		a clinically appropriate substance abuse counseling,
11		treatment, and rehabilitation program.
12		E. "Parent" means the father or mother of a legitimate or
13		illegitimate child. For the purpose of this Act, a person who
14		has executed a final and irrevocable consent to adoption or a
15		final and irrevocable surrender for purposes of adoption, or
16		whose parental rights have been terminated by a court, is not a
17		parent of the child who was the subject of the consent or
18		surrender, unless the consent is void pursuant to subsection O
19		of Section 10.
20		F. A person is available for adoption when the person is:
21		(a) a child who has been surrendered for adoption to an
22		agency and to whose adoption the agency has thereafter
23		consented;
24		(b) a child to whose adoption a person authorized by
25		law, other than his parents, has consented, or to whose
26		adoption no consent is required pursuant to Section 8 of
27		this Act;
28		(c) a child who is in the custody of persons who intend
29		to adopt him through placement made by his parents;
30		(c-1) a child for whom a parent has signed a specific
31		consent pursuant to subsection O of Section 10;
32		(d) an adult who meets the conditions set forth in
33		Section 3 of this Act; or
34		(e) a child who has been relinquished as defined in
35		Section 10 of the Abandoned Newborn Infant Protection Act.
36		A person who would otherwise be available for adoption

1		shall not be deemed unavailable for adoption solely by reason
2		of his or her death.
3		G. The singular includes the plural and the plural includes
4		the singular and the "male" includes the "female", as the
5		context of this Act may require.
6		H. "Adoption disruption" occurs when an adoptive placement
7		does not prove successful and it becomes necessary for the
8		child to be removed from placement before the adoption is
9		finalized.
10		I. "Foreign placing agency" is an agency or individual
11		operating in a country or territory outside the United States
12		that is authorized by its country to place children for
13		adoption either directly with families in the United States or
14		through United States based international agencies.
15		J. "Immediate relatives" means the biological parents, the
16		parents of the biological parents and siblings of the
17		biological parents.
18		K. "Intercountry adoption" is a process by which a child
19		from a country other than the United States is adopted.
20		L. "Intercountry Adoption Coordinator" is a staff person of
21		the Department of Children and Family Services appointed by the
22		Director to coordinate the provision of services by the public
23		and private sector to prospective parents of foreign-born
24		children.
25		M. "Interstate Compact on the Placement of Children" is a
26		law enacted by most states for the purpose of establishing
27		uniform procedures for handling the interstate placement of
28		children in foster homes, adoptive homes, or other child care
29		facilities.
30		N. "Non-Compact state" means a state that has not enacted
31		the Interstate Compact on the Placement of Children.
32		O. "Preadoption requirements" are any conditions
33		established by the laws or regulations of the Federal
34		Government or of each state that must be met prior to the
35		placement of a child in an adoptive home.
36		P. "Abused child" means a child whose parent or immediate

1		family member, or any person responsible for the child's
2		welfare, or any individual residing in the same home as the
3		child, or a paramour of the child's parent:
4		(a) inflicts, causes to be inflicted, or allows to be
5		inflicted upon the child physical injury, by other than
6		accidental means, that causes death, disfigurement,
7		impairment of physical or emotional health, or loss or
8		impairment of any bodily function;
9		(b) creates a substantial risk of physical injury to
10		the child by other than accidental means which would be
11		likely to cause death, disfigurement, impairment of
12		physical or emotional health, or loss or impairment of any
13		bodily function;
14		(c) commits or allows to be committed any sex offense
15		against the child, as sex offenses are defined in the
16		Criminal Code of 1961 and extending those definitions of
17		sex offenses to include children under 18 years of age;
18		(d) commits or allows to be committed an act or acts of
19		torture upon the child; or
20		(e) inflicts excessive corporal punishment.
21		Q. "Neglected child" means any child whose parent or other
22		person responsible for the child's welfare withholds or denies
23		nourishment or medically indicated treatment including food or
24		care denied solely on the basis of the present or anticipated
25		mental or physical impairment as determined by a physician
26		acting alone or in consultation with other physicians or
27		otherwise does not provide the proper or necessary support,
28		education as required by law, or medical or other remedial care
29		recognized under State law as necessary for a child's
30		well-being, or other care necessary for his or her well-being,
31		including adequate food, clothing and shelter; or who is
32		abandoned by his or her parents or other person responsible for
33		the child's welfare.
34		A child shall not be considered neglected or abused for the
35		sole reason that the child's parent or other person responsible
36		for his or her welfare depends upon spiritual means through

1		prayer alone for the treatment or cure of disease or remedial
2		care as provided under Section 4 of the Abused and Neglected
3		Child Reporting Act. A child shall not be considered neglected
4		or abused for the sole reason that the child's parent or other
5		person responsible for the child's welfare failed to vaccinate,
6		delayed vaccination, or refused vaccination for the child due
7		to a waiver on religious or medical grounds as permitted by
8		law.
9		R. "Putative father" means a man who may be a child's
10		father, but who (1) is not married to the child's mother on or
11		before the date that the child was or is to be born and (2) has
12		not established paternity of the child in a court proceeding
13		before the filing of a petition for the adoption of the child.
14		The term includes a male who is less than 18 years of age.
15		"Putative father" does not mean a man who is the child's father
16		as a result of criminal sexual abuse or assault as defined
17		under Article 12 of the Criminal Code of 1961. A child shall
18		not be considered neglected or abused for the sole reason that
19		the child's parent or other person responsible for the child's
20		welfare failed to vaccinate, delayed vaccination, or refused
21		vaccination for the child due to a waiver on religious or
22		medical grounds as permitted by law.
23		S. "Standby adoption" means an adoption in which a
24		terminally ill parent consents to custody and termination of
25		parental rights to become effective upon the occurrence of a
26		future event, which is either the death of the terminally ill
27		parent or the request of the parent for the entry of a final
28		judgment of adoption.
29		T. "Terminally ill parent" means a person who has a medical
30		prognosis by a physician licensed to practice medicine in all
31		of its branches that the person has an incurable and
32		irreversible condition which will lead to death.
33		(Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00;
34		91-572, eff. 1-1-00; 92-16, eff. 6-28-01; 92-375, eff. 1-1-02;
35		92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 92-651, 7-11-02;
36		revised 8-23-02.)

1		(750 ILCS 50/7) (from Ch. 40, par. 1509)
2		Sec. 7. Process.
3		A. All persons named in the petition for adoption or
4		standby adoption, other than the petitioners and any party who
5		has previously either denied being a parent pursuant to Section
6		12a of this Act or pursuant to the Uniform Parentage Act (2002)
7		or whose rights have been terminated pursuant to Section 12a of
8		this Act or pursuant to the Uniform Parentage Act of (2002),
9		but including the person sought to be adopted, shall be made
10		parties defendant by name, and if the name or names of any such
11		persons are alleged in the petition to be unknown such persons
12		shall be made parties defendant under the name and style of
13		"All whom it may concern". In all such actions petitioner or
14		his attorney shall file, at the office of the clerk of the
15		court in which the action is pending, an affidavit showing that
16		the defendant resides or has gone out of this State, or on due
17		inquiry cannot be found, or is concealed within this State, so
18		that process cannot be served upon him, and stating the place
19		of residence of the defendant, if known, or that upon diligent
20		inquiry his place of residence cannot be ascertained, the clerk
21		shall cause publication to be made in some newspaper published
22		in the county in which the action is pending. If there is no
23		newspaper published in that county, then the publication shall
24		be in a newspaper published in an adjoining county in this
25		State, having a circulation in the county in which such action
26		is pending. In the event there is service on any of the parties
27		by publication, the publication shall contain notice of
28		pendency of the action, the name of the person to be adopted
29		and the name of the parties to be served by publication, and
30		the date on or after which default may be entered against such
31		parties. Neither the name of petitioners nor the name of any
32		party who has either surrendered said child, has given their
33		consent to the adoption of the child, or whose parental rights
34		have been terminated by a court of competent jurisdiction shall
35		be included in the notice of publication. The Clerk shall also,

1		within ten (10) days of the first publication of the notice,
2		send a copy thereof by mail, addressed to each defendant whose
3		place of residence is stated in such affidavit. The certificate
4		of the Clerk that he sent the copies pursuant to this section
5		is evidence that he has done so. Except as provided in this
6		section pertaining to service by publication, all parties
7		defendant shall be notified of the proceedings in the same
8		manner as is now or may hereafter be required in other civil
9		cases or proceedings. Any party defendant who is of age of 14
10		years or upward may waive service of process by entering an
11		appearance in writing. The form to be used for publication
12		shall be substantially as follows: "ADOPTION NOTICE - STATE OF
13		ILLINOIS, County of ...., ss. - Circuit Court of .... County.
14		In the matter of the Petition for the Adoption of ...., a
15		..male child. Adoption No. ..... To-- .... (whom it may concern
16		or the named parent) Take notice that a petition was filed in
17		the Circuit Court of .... County, Illinois, for the adoption of
18		a child named ..... Now, therefore, unless you ...., and all
19		whom it may concern, file your answer to the Petition in the
20		action or otherwise file your appearance therein, in the said
21		Circuit Court of ...., County, Room ...., ...., in the City of
22		...., Illinois, on or before the .... day of ...., a default
23		may be entered against you at any time after that day and a
24		judgment entered in accordance with the prayer of said
25		Petition. Dated, ...., Illinois, .... ...., Clerk. (Name and
26		address of attorney for petitioners.)
27		B. A minor defendant who has been served in accordance with
28		this Section may be defaulted in the same manner as any other
29		defendant.
30		C. Notwithstanding any inconsistent provision of this or
31		any other law, and in addition to the notice requirements of
32		any law pertaining to persons other than those specified in
33		this subsection, the persons entitled to notice that a petition
34		has been filed under Section 5 of this Act shall include:
35		(a) any person adjudicated by a court in this State to
36		be the father of the child;

1		(b) any person adjudicated by a court of another state
2		or territory of the United States to be the father of the
3		child, when a certified copy of the court order has been
4		filed with the Putative Father Registry under Section 12.1
5		of this Act or the Registry of Paternity under the Uniform
6		Parentage Act (2000);
7		(c) any person who at the time of the filing of the
8		petition is registered in the Putative Father Registry
9		under Section 12.1 of this Act or the Registry of Paternity
10		under the Uniform Parentage Act (2000) as the putative
11		father of the child;
12		(d) any person who is recorded on the child's birth
13		certificate as the child's father;
14		(e) any person who is openly living with the child or
15		the child's mother at the time the proceeding is initiated
16		and who is holding himself out to be the child's father;
17		(f) any person who has been identified as the child's
18		father by the mother in a written, sworn statement,
19		including an Affidavit of Identification as specified
20		under Section 11 of this Act;
21		(g) any person who was married to the child's mother on
22		the date of the child's birth or within 300 days prior to
23		the child's birth.
24		The sole purpose of notice under this Section shall be to
25		enable the person receiving notice to appear in the adoption
26		proceedings to present evidence to the court relevant to the
27		best interests of the child.
28		(Source: P.A. 91-572, eff. 1-1-00.)
29		(750 ILCS 50/8) (from Ch. 40, par. 1510)
30		Sec. 8. Consents to adoption and surrenders for purposes of
31		adoption.
32		(a) Except as hereinafter provided in this Section consents
33		or surrenders shall be required in all cases, unless the person
34		whose consent or surrender would otherwise be required shall be
35		found by the court:

1		(1) to be an unfit person as defined in Section 1 of
2		this Act, by clear and convincing evidence; or
3		(2) not to be the biological or adoptive father of the
4		child; or
5		(3) to have waived his parental rights to the child
6		under Section 12a or 12.1 of this Act or under Article 4 of
7		the Uniform Parentage Act (2000); or
8		(4) to be the parent of an adult sought to be adopted;
9		or
10		(5) to be the father of the child as a result of
11		criminal sexual abuse or assault as defined under Article
12		12 of the Criminal Code of 1961; or
13		(6) to have been indicated for child sexual abuse as
14		defined in the Abused and Neglected Child Reporting Act
15		that involved sexual penetration of the mother; or
16		(7) to be at least 5 years older than the mother and
17		the mother was under the age 17 at the time of conception
18		of the child to be adopted.
19		(b) Where consents are required in the case of an adoption
20		of a minor child, the consents of the following persons shall
21		be sufficient:
22		(1) (A) The mother of the minor child; and
23		(B) The father of the minor child, if the father:
24		(i) was married to the mother on the date of
25		birth of the child or within 300 days before the
26		birth of the child, except for a husband or former
27		husband who has been found by a court of competent
28		jurisdiction not to be the biological father of the
29		child; or
30		(ii) is the father of the child under a
31		judgment for adoption, an order of parentage, or an
32		acknowledgment of parentage or paternity pursuant
33		to subsection (a) of Section 5 of the Illinois
34		Parentage Act of 1984 or pursuant to Article 3 of
35		the Uniform Parentage Act (2000); or
36		(iii) in the case of a child placed with the

1		adopting parents less than 6 months after birth,
2		openly lived with the child, the child's
3		biological mother, or both, and held himself out to
4		be the child's biological father during the first
5		30 days following the birth of the child; or
6		(iv) in the case of a child placed with the
7		adopting parents less than 6 months after birth,
8		made a good faith effort to pay a reasonable amount
9		of the expenses related to the birth of the child
10		and to provide a reasonable amount for the
11		financial support of the child before the
12		expiration of 30 days following the birth of the
13		child, provided that the court may consider in its
14		determination all relevant circumstances,
15		including the financial condition of both
16		biological parents; or
17		(v) in the case of a child placed with the
18		adopting parents more than 6 months after birth,
19		has maintained substantial and continuous or
20		repeated contact with the child as manifested by:
21		(I) the payment by the father toward the support of
22		the child of a fair and reasonable sum, according
23		to the father's means, and either (II) the father's
24		visiting the child at least monthly when
25		physically and financially able to do so and not
26		prevented from doing so by the person or authorized
27		agency having lawful custody of the child, or (III)
28		the father's regular communication with the child
29		or with the person or agency having the care or
30		custody of the child, when physically and
31		financially unable to visit the child or prevented
32		from doing so by the person or authorized agency
33		having lawful custody of the child. The subjective
34		intent of the father, whether expressed or
35		otherwise unsupported by evidence of acts
36		specified in this sub-paragraph as manifesting

1		such intent, shall not preclude a determination
2		that the father failed to maintain substantial and
3		continuous or repeated contact with the child; or
4		(vi) in the case of a child placed with the
5		adopting parents more than six months after birth,
6		openly lived with the child for a period of six
7		months within the one year period immediately
8		preceding the placement of the child for adoption
9		and openly held himself out to be the father of the
10		child; or
11		(vii) has timely registered with Putative
12		Father Registry, as provided in Section 12.1 of
13		this Act, or with the Registry of Paternity, as
14		provided in Article 4 of the Uniform Parentage Act
15		(2000), and prior to the expiration of 30 days from
16		the date of such registration, commenced legal
17		proceedings to establish paternity under the
18		Illinois Parentage Act of 1984, under the Uniform
19		Parentage Act (2000), or under the law of the
20		jurisdiction of the child's birth; or
21		(2) The legal guardian of the person of the child, if
22		there is no surviving parent; or
23		(3) An agency, if the child has been surrendered for
24		adoption to such agency; or
25		(4) Any person or agency having legal custody of a
26		child by court order if the parental rights of the parents
27		have been judicially terminated, and the court having
28		jurisdiction of the guardianship of the child has
29		authorized the consent to the adoption; or
30		(5) The execution and verification of the petition by
31		any petitioner who is also a parent of the child sought to
32		be adopted shall be sufficient evidence of such parent's
33		consent to the adoption.
34		(c) Where surrenders to an agency are required in the case
35		of a placement for adoption of a minor child by an agency, the
36		surrenders of the following persons shall be sufficient:

1		(1) (A) The mother of the minor child; and
2		(B) The father of the minor child, if the father:
3		(i) was married to the mother on the date of
4		birth of the child or within 300 days before the
5		birth of the child, except for a husband or former
6		husband who has been found by a court of competent
7		jurisdiction not to be the biological father of the
8		child; or
9		(ii) is the father of the child under a
10		judgment for adoption, an order of parentage, or an
11		acknowledgment of parentage or paternity pursuant
12		to subsection (a) of Section 5 of the Illinois
13		Parentage Act of 1984 or pursuant to Article 3 of
14		the Uniform Parentage Act (2000); or
15		(iii) in the case of a child placed with the
16		adopting parents less than 6 months after birth,
17		openly lived with the child, the child's
18		biological mother, or both, and held himself out to
19		be the child's biological father during the first
20		30 days following the birth of a child; or
21		(iv) in the case of a child placed with the
22		adopting parents less than 6 months after birth,
23		made a good faith effort to pay a reasonable amount
24		of the expenses related to the birth of the child
25		and to provide a reasonable amount for the
26		financial support of the child before the
27		expiration of 30 days following the birth of the
28		child, provided that the court may consider in its
29		determination all relevant circumstances,
30		including the financial condition of both
31		biological parents; or
32		(v) in the case of a child placed with the
33		adopting parents more than six months after birth,
34		has maintained substantial and continuous or
35		repeated contact with the child as manifested by:
36		(I) the payment by the father toward the support of

1		the child of a fair and reasonable sum, according
2		to the father's means, and either (II) the father's
3		visiting the child at least monthly when
4		physically and financially able to do so and not
5		prevented from doing so by the person or authorized
6		agency having lawful custody of the child or (III)
7		the father's regular communication with the child
8		or with the person or agency having the care or
9		custody of the child, when physically and
10		financially unable to visit the child or prevented
11		from doing so by the person or authorized agency
12		having lawful custody of the child. The subjective
13		intent of the father, whether expressed or
14		otherwise, unsupported by evidence of acts
15		specified in this sub-paragraph as manifesting
16		such intent, shall not preclude a determination
17		that the father failed to maintain substantial and
18		continuous or repeated contact with the child; or
19		(vi) in the case of a child placed with the
20		adopting parents more than six months after birth,
21		openly lived with the child for a period of six
22		months within the one year period immediately
23		preceding the placement of the child for adoption
24		and openly held himself out to be the father of the
25		child; or
26		(vii) has timely registered with the Putative
27		Father Registry, as provided in Section 12.1 of
28		this Act, or with the Registry of Paternity, as
29		provided in Article 4 of the Uniform Parentage Act
30		(2000), and prior to the expiration of 30 days from
31		the date of such registration, commenced legal
32		proceedings to establish paternity under the
33		Illinois Parentage Act of 1984, or under the law of
34		the jurisdiction of the child's birth.
35		(d) In making a determination under subparagraphs (b)(1)
36		and (c)(1), no showing shall be required of diligent efforts by

1		a person or agency to encourage the father to perform the acts
2		specified therein.
3		(e) In the case of the adoption of an adult, only the
4		consent of such adult shall be required.
5		(Source: P.A. 93-510, eff. 1-1-04.)
6		(750 ILCS 50/12.1)
7		Sec. 12.1. Putative Father Registry; Registry of
8		Paternity. On and after the effective date of this amendatory
9		Act of the 93rd General Assembly, all information and records
10		in the Putative Father Registry are a part of the Registry of
11		Paternity created under the Uniform Parentage Act (2000), have
12		the same force and effect as other information and records in
13		the Registry of Paternity, and are subject to the laws and
14		rules governing the Registry of Paternity. The Department of
15		Children and Family Services shall take all actions necessary
16		to transfer the information and records. The Department of
17		Children and Family Services shall establish a Putative Father
18		Registry for the purpose of determining the identity and
19		location of a putative father of a minor child who is, or is
20		expected to be, the subject of an adoption proceeding, in order
21		to provide notice of such proceeding to the putative father.
22		The Department of Children and Family Services shall establish
23		rules and informational material necessary to implement the
24		provisions of this Section. The Department shall have the
25		authority to set reasonable fees for the use of the Registry.
26		(a) The Department shall maintain the following
27		information in the Registry:
28		(1) With respect to the putative father:
29		(i) Name, including any other names by which the
30		putative father may be known and that he may provide to
31		the Registry;
32		(ii) Address at which he may be served with notice
33		of a petition under this Act, including any change of
34		address;
35		(iii) Social Security Number;

1		(iv) Date of birth; and
2		(v) If applicable, a certified copy of an order by
3		a court of this State or of another state or territory
4		of the United States adjudicating the putative father
5		to be the father of the child.
6		(2) With respect to the mother of the child:
7		(i) Name, including all other names known to the
8		putative father by which the mother may be known;
9		(ii) If known to the putative father, her last
10		address;
11		(iii) Social Security Number; and
12		(iv) Date of birth.
13		(3) If known to the putative father, the name, gender,
14		place of birth, and date of birth or anticipated date of
15		birth of the child.
16		(4) The date that the Department received the putative
17		father's registration.
18		(5) Other information as the Department may by rule
19		determine necessary for the orderly administration of the
20		Registry.
21		(b) A putative father may register with the Department
22		before the birth of the child but shall register no later than
23		30 days after the birth of the child. All registrations shall
24		be in writing and signed by the putative father. No fee shall
25		be charged for the initial registration. The Department shall
26		have no independent obligation to gather the information to be
27		maintained.
28		(c) An interested party, including persons intending to
29		adopt a child, a child welfare agency with whom the mother has
30		placed or has given written notice of her intention to place a
31		child for adoption, the mother of the child, or an attorney
32		representing an interested party may request that the
33		Department search the Registry to determine whether a putative
34		father is registered in relation to a child who is or may be
35		the subject to an adoption petition.
36		(d) A search of the Registry may be proven by the

1		production of a certified copy of the registration form, or by
2		the certified statement of the administrator of the Registry
3		that after a search, no registration of a putative father in
4		relation to a child who is or may be the subject of an adoption
5		petition could be located.
6		(e) Except as otherwise provided, information contained
7		within the Registry is confidential and shall not be published
8		or open to public inspection.
9		(f) A person who knowingly or intentionally registers false
10		information under this Section commits a Class B misdemeanor. A
11		person who knowingly or intentionally releases confidential
12		information in violation of this Section commits a Class B
13		misdemeanor.
14		(g) Except as provided in subsections (b) or (c) of Section
15		8 of this Act, a putative father who fails to register with the
16		Putative Father Registry as provided in this Section is barred
17		from thereafter bringing or maintaining any action to assert
18		any interest in the child, unless he proves by clear and
19		convincing evidence that:
20		(1) it was not possible for him to register within the
21		period of time specified in subsection (b) of this Section;
22		and
23		(2) his failure to register was through no fault of his
24		own; and
25		(3) he registered within 10 days after it became
26		possible for him to file.
27		A lack of knowledge of the pregnancy or birth is not an
28		acceptable reason for failure to register.
29		(h) Except as provided in subsection (b) or (c) of Section
30		8 of this Act, failure to timely register with the Putative
31		Father Registry (i) shall be deemed to be a waiver and
32		surrender of any right to notice of any hearing in any judicial
33		proceeding for the adoption of the child, and the consent or
34		surrender of that person to the adoption of the child is not
35		required, and (ii) shall constitute an abandonment of the child
36		and shall be prima facie evidence of sufficient grounds to

1		support termination of such father's parental rights under this
2		Act.
3		(i) In any adoption proceeding pertaining to a child born
4		out of wedlock, if there is no showing that a putative father
5		has executed a consent or surrender or waived his rights
6		regarding the proposed adoption, certification as specified in
7		subsection (d) shall be filed with the court prior to entry of
8		a final judgment order of adoption.
9		(j) The Registry shall not be used to notify a putative
10		father who is the father of a child as a result of criminal
11		sexual abuse or assault as defined under Article 12 of the
12		Criminal Code of 1961.
13		(Source: P.A. 89-315, eff. 1-1-96; 90-15, eff. 6-13-97.)
14		(750 ILCS 50/18.06)
15		Sec. 18.06. Definitions. When used in Sections 18.05
16		through Section 18.6, for the purposes of the Registry:
17		"Adopted person" means a person who was adopted pursuant to
18		the laws in effect at the time of the adoption.
19		"Adoptive parent" means a person who has become a parent
20		through the legal process of adoption.
21		"Agency" means a public child welfare agency or a licensed
22		child welfare agency.
23		"Birth father" means the biological father of an adopted or
24		surrendered person who is named on the original certificate of
25		live birth or on a consent or surrender document, or a
26		biological father whose paternity has been established by a
27		judgment or order of the court, pursuant to the Illinois
28		Parentage Act of 1984 or the Uniform Parentage Act (2000).
29		"Birth mother" means the biological mother of an adopted or
30		surrendered person.
31		"Birth parent" means a birth mother or birth father of an
32		adopted or surrendered person.
33		"Birth sibling" means the adult full or half sibling of an
34		adopted or surrendered person.
35		"Denial of Information Exchange" means an affidavit

1		completed by a registrant with the Illinois Adoption Registry
2		and Medical Information Exchange denying the release of
3		identifying information.
4		"Information Exchange Authorization" means an affidavit
5		completed by a registrant with the Illinois Adoption Registry
6		and Medical Information Exchange authorizing the release of
7		identifying information.
8		"Medical Information Exchange Questionnaire" means the
9		medical history questionnaire completed by a registrant of the
10		Illinois Adoption Registry and Medical Information Exchange.
11		"Proof of death" means a death certificate.
12		"Registrant" or "Registered Party" means a birth parent,
13		birth sibling, adopted or surrendered person over the age of
14		21, or adoptive parent or legal guardian of an adopted or
15		surrendered person under the age of 21 who has filed an
16		Illinois Adoption Registry Application or Registration
17		Identification Form with the Registry.
18		"Surrendered person" means a person whose parents' rights
19		have been surrendered or terminated but who has not been
20		adopted.
21		(Source: P.A. 91-417, eff. 1-1-00.)

22		Section 905.19. The Illinois Domestic Violence Act of 1986
23		is amended by changing Sections 202 and 214 as follows:
24		(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
25		Sec. 202. Commencement of action; filing fees; dismissal.
26		(a) How to commence action. Actions for orders of
27		protection are commenced:
28		(1) Independently: By filing a petition for an order of
29		protection in any civil court, unless specific courts are
30		designated by local rule or order.
31		(2) In conjunction with another civil proceeding: By
32		filing a petition for an order of protection under the same
33		case number as another civil proceeding involving the
34		parties, including but not limited to: (i) any proceeding

1		under the Illinois Marriage and Dissolution of Marriage
2		Act, Uniform Parentage Act (2000) Illinois Parentage Act of
3		1984, Nonsupport of Spouse and Children Act, Revised
4		Uniform Reciprocal Enforcement of Support Act or an action
5		for nonsupport brought under Article 10 of the Illinois
6		Public Aid Code, provided that a petitioner and the
7		respondent are a party to or the subject of that proceeding
8		or (ii) a guardianship proceeding under the Probate Act of
9		1975, or a proceeding for involuntary commitment under the
10		Mental Health and Developmental Disabilities Code, or any
11		proceeding, other than a delinquency petition, under the
12		Juvenile Court Act of 1987, provided that a petitioner or
13		the respondent is a party to or the subject of such
14		proceeding.
15		(3) In conjunction with a delinquency petition or a
16		criminal prosecution: By filing a petition for an order of
17		protection, under the same case number as the delinquency
18		petition or criminal prosecution, to be granted during
19		pre-trial release of a defendant, with any dispositional
20		order issued under Section 5-710 of the Juvenile Court Act
21		of 1987 or as a condition of release, supervision,
22		conditional discharge, probation, periodic imprisonment,
23		parole or mandatory supervised release, or in conjunction
24		with imprisonment or a bond forfeiture warrant; provided
25		that:
26		(i) the violation is alleged in an information,
27		complaint, indictment or delinquency petition on file,
28		and the alleged offender and victim are family or
29		household members or persons protected by this Act; and
30		(ii) the petition, which is filed by the State's
31		Attorney, names a victim of the alleged crime as a
32		petitioner.
33		(b) Filing, certification, and service fees. No fee shall
34		be charged by the clerk for filing, amending, vacating,
35		certifying, or photocopying petitions or orders; or for issuing
36		alias summons; or for any related filing service. No fee shall

1		be charged by the sheriff for service by the sheriff of a
2		petition, rule, motion, or order in an action commenced under
3		this Section.
4		(c) Dismissal and consolidation. Withdrawal or dismissal
5		of any petition for an order of protection prior to
6		adjudication where the petitioner is represented by the State
7		shall operate as a dismissal without prejudice. No action for
8		an order of protection shall be dismissed because the
9		respondent is being prosecuted for a crime against the
10		petitioner. An independent action may be consolidated with
11		another civil proceeding, as provided by paragraph (2) of
12		subsection (a) of this Section. For any action commenced under
13		paragraph (2) or (3) of subsection (a) of this Section,
14		dismissal of the conjoined case (or a finding of not guilty)
15		shall not require dismissal of the action for the order of
16		protection; instead, it may be treated as an independent action
17		and, if necessary and appropriate, transferred to a different
18		court or division. Dismissal of any conjoined case shall not
19		affect the validity of any previously issued order of
20		protection, and thereafter subsections (b)(1) and (b)(2) of
21		Section 220 shall be inapplicable to such order.
22		(d) Pro se petitions. The court shall provide, through the
23		office of the clerk of the court, simplified forms and clerical
24		assistance to help with the writing and filing of a petition
25		under this Section by any person not represented by counsel. In
26		addition, that assistance may be provided by the state's
27		attorney.
28		(Source: P.A. 93-458, eff. 1-1-04.)
29		(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
30		Sec. 214. Order of protection; remedies.
31		(a) Issuance of order. If the court finds that petitioner
32		has been abused by a family or household member or that
33		petitioner is a high-risk adult who has been abused, neglected,
34		or exploited, as defined in this Act, an order of protection
35		prohibiting the abuse, neglect, or exploitation shall issue;

1		provided that petitioner must also satisfy the requirements of
2		one of the following Sections, as appropriate: Section 217 on
3		emergency orders, Section 218 on interim orders, or Section 219
4		on plenary orders. Petitioner shall not be denied an order of
5		protection because petitioner or respondent is a minor. The
6		court, when determining whether or not to issue an order of
7		protection, shall not require physical manifestations of abuse
8		on the person of the victim. Modification and extension of
9		prior orders of protection shall be in accordance with this
10		Act.
11		(b) Remedies and standards. The remedies to be included in
12		an order of protection shall be determined in accordance with
13		this Section and one of the following Sections, as appropriate:
14		Section 217 on emergency orders, Section 218 on interim orders,
15		and Section 219 on plenary orders. The remedies listed in this
16		subsection shall be in addition to other civil or criminal
17		remedies available to petitioner.
18		(1) Prohibition of abuse, neglect, or exploitation.
19		Prohibit respondent's harassment, interference with
20		personal liberty, intimidation of a dependent, physical
21		abuse, or willful deprivation, neglect or exploitation, as
22		defined in this Act, or stalking of the petitioner, as
23		defined in Section 12-7.3 of the Criminal Code of 1961, if
24		such abuse, neglect, exploitation, or stalking has
25		occurred or otherwise appears likely to occur if not
26		prohibited.
27		(2) Grant of exclusive possession of residence.
28		Prohibit respondent from entering or remaining in any
29		residence or household of the petitioner, including one
30		owned or leased by respondent, if petitioner has a right to
31		occupancy thereof. The grant of exclusive possession of the
32		residence shall not affect title to real property, nor
33		shall the court be limited by the standard set forth in
34		Section 701 of the Illinois Marriage and Dissolution of
35		Marriage Act.
36		(A) Right to occupancy. A party has a right to

1		occupancy of a residence or household if it is solely
2		or jointly owned or leased by that party, that party's
3		spouse, a person with a legal duty to support that
4		party or a minor child in that party's care, or by any
5		person or entity other than the opposing party that
6		authorizes that party's occupancy (e.g., a domestic
7		violence shelter). Standards set forth in subparagraph
8		(B) shall not preclude equitable relief.
9		(B) Presumption of hardships. If petitioner and
10		respondent each has the right to occupancy of a
11		residence or household, the court shall balance (i) the
12		hardships to respondent and any minor child or
13		dependent adult in respondent's care resulting from
14		entry of this remedy with (ii) the hardships to
15		petitioner and any minor child or dependent adult in
16		petitioner's care resulting from continued exposure to
17		the risk of abuse (should petitioner remain at the
18		residence or household) or from loss of possession of
19		the residence or household (should petitioner leave to
20		avoid the risk of abuse). When determining the balance
21		of hardships, the court shall also take into account
22		the accessibility of the residence or household.
23		Hardships need not be balanced if respondent does not
24		have a right to occupancy.
25		The balance of hardships is presumed to favor
26		possession by petitioner unless the presumption is
27		rebutted by a preponderance of the evidence, showing
28		that the hardships to respondent substantially
29		outweigh the hardships to petitioner and any minor
30		child or dependent adult in petitioner's care. The
31		court, on the request of petitioner or on its own
32		motion, may order respondent to provide suitable,
33		accessible, alternate housing for petitioner instead
34		of excluding respondent from a mutual residence or
35		household.
36		(3) Stay away order and additional prohibitions. Order

1		respondent to stay away from petitioner or any other person
2		protected by the order of protection, or prohibit
3		respondent from entering or remaining present at
4		petitioner's school, place of employment, or other
5		specified places at times when petitioner is present, or
6		both, if reasonable, given the balance of hardships.
7		Hardships need not be balanced for the court to enter a
8		stay away order or prohibit entry if respondent has no
9		right to enter the premises.
10		If an order of protection grants petitioner exclusive
11		possession of the residence, or prohibits respondent from
12		entering the residence, or orders respondent to stay away
13		from petitioner or other protected persons, then the court
14		may allow respondent access to the residence to remove
15		items of clothing and personal adornment used exclusively
16		by respondent, medications, and other items as the court
17		directs. The right to access shall be exercised on only one
18		occasion as the court directs and in the presence of an
19		agreed-upon adult third party or law enforcement officer.
20		(4) Counseling. Require or recommend the respondent to
21		undergo counseling for a specified duration with a social
22		worker, psychologist, clinical psychologist, psychiatrist,
23		family service agency, alcohol or substance abuse program,
24		mental health center guidance counselor, agency providing
25		services to elders, program designed for domestic violence
26		abusers or any other guidance service the court deems
27		appropriate.
28		(5) Physical care and possession of the minor child. In
29		order to protect the minor child from abuse, neglect, or
30		unwarranted separation from the person who has been the
31		minor child's primary caretaker, or to otherwise protect
32		the well-being of the minor child, the court may do either
33		or both of the following: (i) grant petitioner physical
34		care or possession of the minor child, or both, or (ii)
35		order respondent to return a minor child to, or not remove
36		a minor child from, the physical care of a parent or person

1		in loco parentis.
2		If a court finds, after a hearing, that respondent has
3		committed abuse (as defined in Section 103) of a minor
4		child, there shall be a rebuttable presumption that
5		awarding physical care to respondent would not be in the
6		minor child's best interest.
7		(6) Temporary legal custody. Award temporary legal
8		custody to petitioner in accordance with this Section, the
9		Illinois Marriage and Dissolution of Marriage Act, the
10		Uniform Parentage Act (2000) the Illinois Parentage Act of
11		1984, and this State's Uniform Child-Custody Jurisdiction
12		and Enforcement Act.
13		If a court finds, after a hearing, that respondent has
14		committed abuse (as defined in Section 103) of a minor
15		child, there shall be a rebuttable presumption that
16		awarding temporary legal custody to respondent would not be
17		in the child's best interest.
18		(7) Visitation. Determine the visitation rights, if
19		any, of respondent in any case in which the court awards
20		physical care or temporary legal custody of a minor child
21		to petitioner. The court shall restrict or deny
22		respondent's visitation with a minor child if the court
23		finds that respondent has done or is likely to do any of
24		the following: (i) abuse or endanger the minor child during
25		visitation; (ii) use the visitation as an opportunity to
26		abuse or harass petitioner or petitioner's family or
27		household members; (iii) improperly conceal or detain the
28		minor child; or (iv) otherwise act in a manner that is not
29		in the best interests of the minor child. The court shall
30		not be limited by the standards set forth in Section 607.1
31		of the Illinois Marriage and Dissolution of Marriage Act.
32		If the court grants visitation, the order shall specify
33		dates and times for the visitation to take place or other
34		specific parameters or conditions that are appropriate. No
35		order for visitation shall refer merely to the term
36		"reasonable visitation".

1		Petitioner may deny respondent access to the minor
2		child if, when respondent arrives for visitation,
3		respondent is under the influence of drugs or alcohol and
4		constitutes a threat to the safety and well-being of
5		petitioner or petitioner's minor children or is behaving in
6		a violent or abusive manner.
7		If necessary to protect any member of petitioner's
8		family or household from future abuse, respondent shall be
9		prohibited from coming to petitioner's residence to meet
10		the minor child for visitation, and the parties shall
11		submit to the court their recommendations for reasonable
12		alternative arrangements for visitation. A person may be
13		approved to supervise visitation only after filing an
14		affidavit accepting that responsibility and acknowledging
15		accountability to the court.
16		(8) Removal or concealment of minor child. Prohibit
17		respondent from removing a minor child from the State or
18		concealing the child within the State.
19		(9) Order to appear. Order the respondent to appear in
20		court, alone or with a minor child, to prevent abuse,
21		neglect, removal or concealment of the child, to return the
22		child to the custody or care of the petitioner or to permit
23		any court-ordered interview or examination of the child or
24		the respondent.
25		(10) Possession of personal property. Grant petitioner
26		exclusive possession of personal property and, if
27		respondent has possession or control, direct respondent to
28		promptly make it available to petitioner, if:
29		(i) petitioner, but not respondent, owns the
30		property; or
31		(ii) the parties own the property jointly; sharing
32		it would risk abuse of petitioner by respondent or is
33		impracticable; and the balance of hardships favors
34		temporary possession by petitioner.
35		If petitioner's sole claim to ownership of the property
36		is that it is marital property, the court may award

1		petitioner temporary possession thereof under the
2		standards of subparagraph (ii) of this paragraph only if a
3		proper proceeding has been filed under the Illinois
4		Marriage and Dissolution of Marriage Act, as now or
5		hereafter amended.
6		No order under this provision shall affect title to
7		property.
8		(11) Protection of property. Forbid the respondent
9		from taking, transferring, encumbering, concealing,
10		damaging or otherwise disposing of any real or personal
11		property, except as explicitly authorized by the court, if:
12		(i) petitioner, but not respondent, owns the
13		property; or
14		(ii) the parties own the property jointly, and the
15		balance of hardships favors granting this remedy.
16		If petitioner's sole claim to ownership of the property
17		is that it is marital property, the court may grant
18		petitioner relief under subparagraph (ii) of this
19		paragraph only if a proper proceeding has been filed under
20		the Illinois Marriage and Dissolution of Marriage Act, as
21		now or hereafter amended.
22		The court may further prohibit respondent from
23		improperly using the financial or other resources of an
24		aged member of the family or household for the profit or
25		advantage of respondent or of any other person.
26		(12) Order for payment of support. Order respondent to
27		pay temporary support for the petitioner or any child in
28		the petitioner's care or custody, when the respondent has a
29		legal obligation to support that person, in accordance with
30		the Illinois Marriage and Dissolution of Marriage Act,
31		which shall govern, among other matters, the amount of
32		support, payment through the clerk and withholding of
33		income to secure payment. An order for child support may be
34		granted to a petitioner with lawful physical care or
35		custody of a child, or an order or agreement for physical
36		care or custody, prior to entry of an order for legal

1		custody. Such a support order shall expire upon entry of a
2		valid order granting legal custody to another, unless
3		otherwise provided in the custody order.
4		(13) Order for payment of losses. Order respondent to
5		pay petitioner for losses suffered as a direct result of
6		the abuse, neglect, or exploitation. Such losses shall
7		include, but not be limited to, medical expenses, lost
8		earnings or other support, repair or replacement of
9		property damaged or taken, reasonable attorney's fees,
10		court costs and moving or other travel expenses, including
11		additional reasonable expenses for temporary shelter and
12		restaurant meals.
13		(i) Losses affecting family needs. If a party is
14		entitled to seek maintenance, child support or
15		property distribution from the other party under the
16		Illinois Marriage and Dissolution of Marriage Act, as
17		now or hereafter amended, the court may order
18		respondent to reimburse petitioner's actual losses, to
19		the extent that such reimbursement would be
20		"appropriate temporary relief", as authorized by
21		subsection (a)(3) of Section 501 of that Act.
22		(ii) Recovery of expenses. In the case of an
23		improper concealment or removal of a minor child, the
24		court may order respondent to pay the reasonable
25		expenses incurred or to be incurred in the search for
26		and recovery of the minor child, including but not
27		limited to legal fees, court costs, private
28		investigator fees, and travel costs.
29		(14) Prohibition of entry. Prohibit the respondent
30		from entering or remaining in the residence or household
31		while the respondent is under the influence of alcohol or
32		drugs and constitutes a threat to the safety and well-being
33		of the petitioner or the petitioner's children.
34		(14.5) Prohibition of firearm possession.
35		(a) When a complaint is made under a request for an
36		order of protection, that the respondent has

1		threatened or is likely to use firearms illegally
2		against the petitioner, and the respondent is present
3		in court, or has failed to appear after receiving
4		actual notice, the court shall examine on oath the
5		petitioner, and any witnesses who may be produced. If
6		the court is satisfied that there is any danger of the
7		illegal use of firearms, it shall issue an order that
8		any firearms in the possession of the respondent,
9		except as provided in subsection (b), be turned over to
10		the local law enforcement agency for safekeeping. If
11		the respondent has failed to appear, the court shall
12		issue a warrant for seizure of any firearm in the
13		possession of the respondent. The period of
14		safekeeping shall be for a stated period of time not to
15		exceed 2 years. The firearm or firearms shall be
16		returned to the respondent at the end of the stated
17		period or at expiration of the order of protection,
18		whichever is sooner.
19		(b) If the respondent is a peace officer as defined
20		in Section 2-13 of the Criminal Code of 1961, the court
21		shall order that any firearms used by the respondent in
22		the performance of his or her duties as a peace officer
23		be surrendered to the chief law enforcement executive
24		of the agency in which the respondent is employed, who
25		shall retain the firearms for safekeeping for the
26		stated period not to exceed 2 years as set forth in the
27		court order.
28		(15) Prohibition of access to records. If an order of
29		protection prohibits respondent from having contact with
30		the minor child, or if petitioner's address is omitted
31		under subsection (b) of Section 203, or if necessary to
32		prevent abuse or wrongful removal or concealment of a minor
33		child, the order shall deny respondent access to, and
34		prohibit respondent from inspecting, obtaining, or
35		attempting to inspect or obtain, school or any other
36		records of the minor child who is in the care of

1		petitioner.
2		(16) Order for payment of shelter services. Order
3		respondent to reimburse a shelter providing temporary
4		housing and counseling services to the petitioner for the
5		cost of the services, as certified by the shelter and
6		deemed reasonable by the court.
7		(17) Order for injunctive relief. Enter injunctive
8		relief necessary or appropriate to prevent further abuse of
9		a family or household member or further abuse, neglect, or
10		exploitation of a high-risk adult with disabilities or to
11		effectuate one of the granted remedies, if supported by the
12		balance of hardships. If the harm to be prevented by the
13		injunction is abuse or any other harm that one of the
14		remedies listed in paragraphs (1) through (16) of this
15		subsection is designed to prevent, no further evidence is
16		necessary that the harm is an irreparable injury.
17		(c) Relevant factors; findings.
18		(1) In determining whether to grant a specific remedy,
19		other than payment of support, the court shall consider
20		relevant factors, including but not limited to the
21		following:
22		(i) the nature, frequency, severity, pattern and
23		consequences of the respondent's past abuse, neglect
24		or exploitation of the petitioner or any family or
25		household member, including the concealment of his or
26		her location in order to evade service of process or
27		notice, and the likelihood of danger of future abuse,
28		neglect, or exploitation to petitioner or any member of
29		petitioner's or respondent's family or household; and
30		(ii) the danger that any minor child will be abused
31		or neglected or improperly removed from the
32		jurisdiction, improperly concealed within the State or
33		improperly separated from the child's primary
34		caretaker.
35		(2) In comparing relative hardships resulting to the
36		parties from loss of possession of the family home, the

1		court shall consider relevant factors, including but not
2		limited to the following:
3		(i) availability, accessibility, cost, safety,
4		adequacy, location and other characteristics of
5		alternate housing for each party and any minor child or
6		dependent adult in the party's care;
7		(ii) the effect on the party's employment; and
8		(iii) the effect on the relationship of the party,
9		and any minor child or dependent adult in the party's
10		care, to family, school, church and community.
11		(3) Subject to the exceptions set forth in paragraph
12		(4) of this subsection, the court shall make its findings
13		in an official record or in writing, and shall at a minimum
14		set forth the following:
15		(i) That the court has considered the applicable
16		relevant factors described in paragraphs (1) and (2) of
17		this subsection.
18		(ii) Whether the conduct or actions of respondent,
19		unless prohibited, will likely cause irreparable harm
20		or continued abuse.
21		(iii) Whether it is necessary to grant the
22		requested relief in order to protect petitioner or
23		other alleged abused persons.
24		(4) For purposes of issuing an ex parte emergency order
25		of protection, the court, as an alternative to or as a
26		supplement to making the findings described in paragraphs
27		(c)(3)(i) through (c)(3)(iii) of this subsection, may use
28		the following procedure:
29		When a verified petition for an emergency order of
30		protection in accordance with the requirements of Sections
31		203 and 217 is presented to the court, the court shall
32		examine petitioner on oath or affirmation. An emergency
33		order of protection shall be issued by the court if it
34		appears from the contents of the petition and the
35		examination of petitioner that the averments are
36		sufficient to indicate abuse by respondent and to support

1		the granting of relief under the issuance of the emergency
2		order of protection.
3		(5) Never married parties. No rights or
4		responsibilities for a minor child born outside of marriage
5		attach to a putative father until a father and child
6		relationship has been established under the Illinois
7		Parentage Act of 1984, the Uniform Parentage Act (2000),
8		the Illinois Public Aid Code, Section 12 of the Vital
9		Records Act, the Juvenile Court Act of 1987, the Probate
10		Act of 1985, the Revised Uniform Reciprocal Enforcement of
11		Support Act, the Uniform Interstate Family Support Act, the
12		Expedited Child Support Act of 1990, any judicial,
13		administrative, or other act of another state or territory,
14		any other Illinois statute, or by any foreign nation
15		establishing the father and child relationship, any other
16		proceeding substantially in conformity with the Personal
17		Responsibility and Work Opportunity Reconciliation Act of
18		1996 (Pub. L. 104-193), or where both parties appeared in
19		open court or at an administrative hearing acknowledging
20		under oath or admitting by affirmation the existence of a
21		father and child relationship. Absent such an
22		adjudication, finding, or acknowledgement, no putative
23		father shall be granted temporary custody of the minor
24		child, visitation with the minor child, or physical care
25		and possession of the minor child, nor shall an order of
26		payment for support of the minor child be entered.
27		(d) Balance of hardships; findings. If the court finds that
28		the balance of hardships does not support the granting of a
29		remedy governed by paragraph (2), (3), (10), (11), or (16) of
30		subsection (b) of this Section, which may require such
31		balancing, the court's findings shall so indicate and shall
32		include a finding as to whether granting the remedy will result
33		in hardship to respondent that would substantially outweigh the
34		hardship to petitioner from denial of the remedy. The findings
35		shall be an official record or in writing.
36		(e) Denial of remedies. Denial of any remedy shall not be

1		based, in whole or in part, on evidence that:
2		(1) Respondent has cause for any use of force, unless
3		that cause satisfies the standards for justifiable use of
4		force provided by Article VII of the Criminal Code of 1961;
5		(2) Respondent was voluntarily intoxicated;
6		(3) Petitioner acted in self-defense or defense of
7		another, provided that, if petitioner utilized force, such
8		force was justifiable under Article VII of the Criminal
9		Code of 1961;
10		(4) Petitioner did not act in self-defense or defense
11		of another;
12		(5) Petitioner left the residence or household to avoid
13		further abuse, neglect, or exploitation by respondent;
14		(6) Petitioner did not leave the residence or household
15		to avoid further abuse, neglect, or exploitation by
16		respondent;
17		(7) Conduct by any family or household member excused
18		the abuse, neglect, or exploitation by respondent, unless
19		that same conduct would have excused such abuse, neglect,
20		or exploitation if the parties had not been family or
21		household members.
22		(Source: P.A. 93-108, eff. 1-1-04.)

23		Section 905.20. The Business Corporation Act of 1983 is
24		amended by changing Section 1.25 as follows:
25		(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
26		Sec. 1.25. List of corporations; exchange of information.
27		(a) The Secretary of State shall publish each year a list
28		of corporations filing an annual report for the preceding year
29		in accordance with the provisions of this Act, which report
30		shall state the name of the corporation and the respective
31		names and addresses of the president, secretary, and registered
32		agent thereof and the address of the registered office in this
33		State of each such corporation. The Secretary of State shall
34		furnish without charge a copy of such report to each recorder

1		of this State, and to each member of the General Assembly and
2		to each State agency or department requesting the same. The
3		Secretary of State shall, upon receipt of a written request and
4		a fee as determined by the Secretary, furnish such report to
5		anyone else.
6		(b) (1) The Secretary of State shall publish daily a list
7		of all newly formed corporations, business and not for profit,
8		chartered by him on that day issued after receipt of the
9		application. The daily list shall contain the same information
10		as to each corporation as is provided for the corporation list
11		published under subsection (a) of this Section. The daily list
12		may be obtained at the Secretary's office by any person,
13		newspaper, State department or agency, or local government for
14		a reasonable charge to be determined by the Secretary.
15		Inspection of the daily list may be made at the Secretary's
16		office during normal business hours without charge by any
17		person, newspaper, State department or agency, or local
18		government.
19		(2) The Secretary shall compile the daily list mentioned in
20		paragraph (1) of subsection (b) of this Section monthly, or
21		more often at the Secretary's discretion. The compilation shall
22		be immediately mailed free of charge to all local governments
23		requesting in writing receipt of such publication, or shall be
24		automatically mailed by the Secretary without charge to local
25		governments as determined by the Secretary. The Secretary shall
26		mail a copy of the compilations free of charge to all State
27		departments or agencies making a written request. A request for
28		a compilation of the daily list once made by a local government
29		or State department or agency need not be renewed. However, the
30		Secretary may request from time to time whether the local
31		governments or State departments or agencies desire to continue
32		receiving the compilation.
33		(3) The compilations of the daily list mentioned in
34		paragraph (2) of subsection (b) of this Section shall be mailed
35		to newspapers, or any other person not included as a recipient
36		in paragraph (2) of subsection (b) of this Section, upon

1		receipt of a written application signed by the applicant and
2		accompanied by the payment of a fee as determined by the
3		Secretary.
4		(c) If a domestic or foreign corporation has filed with the
5		Secretary of State an annual report for the preceding year or
6		has been newly formed or is otherwise and in any manner
7		registered with the Secretary of State, the Secretary of State
8		shall exchange with the Illinois Department of Public Aid any
9		information concerning that corporation that may be necessary
10		for the enforcement of child support orders entered pursuant to
11		the Illinois Public Aid Code, the Illinois Marriage and
12		Dissolution of Marriage Act, the Non-Support of Spouse and
13		Children Act, the Non-Support Punishment Act, the Revised
14		Uniform Reciprocal Enforcement of Support Act, the Uniform
15		Interstate Family Support Act, or the Illinois Parentage Act of
16		1984, or the Uniform Parentage Act (2000).
17		Notwithstanding any provisions in this Act to the contrary,
18		the Secretary of State shall not be liable to any person for
19		any disclosure of information to the Illinois Department of
20		Public Aid under this subsection or for any other action taken
21		in good faith to comply with the requirements of this
22		subsection.
23		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)

24		Section 905.21. The Limited Liability Company Act is
25		amended by changing Section 50-5 as follows:
26		(805 ILCS 180/50-5)
27		Sec. 50-5. List of limited liability companies; exchange of
28		information.
29		(a) The Secretary of State may publish a list or lists of
30		limited liability companies and foreign limited liability
31		companies, as often, in the format, and for the fees as the
32		Secretary of State may in his or her discretion provide by
33		rule. The Secretary of State may disseminate information
34		concerning limited liability companies and foreign limited

1		liability companies by computer network in the format and for
2		the fees as may be determined by rule.
3		(b) Upon written request, any list published under
4		subsection (a) shall be free to each member of the General
5		Assembly, to each State agency or department, and to each
6		recorder in this State. An appropriate fee established by rule
7		to cover the cost of producing the list shall be charged to all
8		others.
9		(c) If a domestic or foreign limited liability company has
10		filed with the Secretary of State an annual report for the
11		preceding year or has been newly formed or is otherwise and in
12		any manner registered with the Secretary of State, the
13		Secretary of State shall exchange with the Illinois Department
14		of Public Aid any information concerning that limited liability
15		company that may be necessary for the enforcement of child
16		support orders entered pursuant to the Illinois Public Aid
17		Code, the Illinois Marriage and Dissolution of Marriage Act,
18		the Non-Support of Spouse and Children Act, the Non-Support
19		Punishment Act, the Revised Uniform Reciprocal Enforcement of
20		Support Act, the Uniform Interstate Family Support Act, or the
21		Illinois Parentage Act of 1984, or the Uniform Parentage Act
22		(2000).
23		Notwithstanding any provisions in this Act to the contrary,
24		the Secretary of State shall not be liable to any person for
25		any disclosure of information to the Illinois Department of
26		Public Aid under this subsection or for any other action taken
27		in good faith to comply with the requirements of this
28		subsection.
29		(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)

750 ILCS 50/7 750 ILCS 50/8