Bill Status of HB 5865   98th General Assembly


Short Description:  DHFS-PATERNITY CHALLENGE

House Sponsors
Rep. La Shawn K. Ford

Last Action  View All Actions

DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
305 ILCS 5/10-14.1
750 ILCS 45/4.1
750 ILCS 45/8from Ch. 40, par. 2508

Synopsis As Introduced
Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that an administrative determination of paternity that is not based on a voluntary acknowledgment of paternity made in accordance with the Illinois Public Aid Code may be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party and that, pending the outcome of the challenge to the administrative determination of paternity, the legal responsibilities of the parties shall remain in full force and effect, except upon order of the court upon a showing of good cause. Provides that evidence that, based on DNA testing, the man who has been found to be the father of a child under an administrative determination of paternity is not the natural father of the child constitutes a material mistake of fact. Provides that an action challenging an administrative determination of paternity is barred if brought more than 6 months after the effective date of the amendatory Act or more than 2 years after the petitioner obtains actual knowledge of relevant facts, whichever is later, and that the 2-year period for bringing an action shall not extend beyond the date on which the child reaches the age of 18 years. Effective immediately.

Actions 
DateChamber Action
  2/14/2014HouseFiled with the Clerk by Rep. La Shawn K. Ford
  2/14/2014HouseFirst Reading
  2/14/2014HouseReferred to Rules Committee
  12/3/2014HouseSession Sine Die

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