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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | ARTICLE 1. GENERAL PROVISIONS | |||||||||||||||||||
5 | Section 101. Short title. This Act may be cited as the | |||||||||||||||||||
6 | Illinois Parentage Act of 2013. | |||||||||||||||||||
7 | Section 102. Public policy. Illinois recognizes the right | |||||||||||||||||||
8 | of every child to the physical, mental, emotional, and | |||||||||||||||||||
9 | financial support of his or her parents. The parent-child | |||||||||||||||||||
10 | relationship, including support obligations, extends equally | |||||||||||||||||||
11 | to every child and to every parent, regardless of the legal | |||||||||||||||||||
12 | relationship of the parents, and regardless of whether a parent | |||||||||||||||||||
13 | is a minor. | |||||||||||||||||||
14 | Section 103. Definitions. In this Act: | |||||||||||||||||||
15 | (a) "Acknowledged father" means a man who has established a | |||||||||||||||||||
16 | father and child relationship under Article 3.
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17 | (b) "Adjudicated father" means a man who has been | |||||||||||||||||||
18 | adjudicated by a court of competent jurisdiction, or as | |||||||||||||||||||
19 | authorized under Article X of the Illinois Public Aid Code, to | |||||||||||||||||||
20 | be the father of a child.
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21 | (c) "Alleged father" means a man who alleges himself to be, |
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1 | or is alleged to be, the biological father or a possible | ||||||
2 | biological father of a child, but whose paternity has not been | ||||||
3 | established. The term does not include:
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4 | (1) a presumed parent or acknowledged father;
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5 | (2) a man whose parental rights have been terminated or | ||||||
6 | declared not to exist; or
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7 | (3) a male donor.
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8 | (d) "Assisted reproduction" means a method of causing | ||||||
9 | pregnancy other than sexual intercourse. The term includes:
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10 | (1) intrauterine insemination;
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11 | (2) donation of eggs;
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12 | (3) donation of embryos;
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13 | (4) in-vitro fertilization and transfer of embryos; | ||||||
14 | and
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15 | (5) intracytoplasmic sperm injection.
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16 | (e) "Child" means an individual of any age whose parentage | ||||||
17 | may be established under this Act.
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18 | (f) "Combined paternity index" means the likelihood of | ||||||
19 | paternity calculated by computing the ratio between:
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20 | (1) the likelihood that the tested man is the father, | ||||||
21 | based on the genetic markers of the tested man, mother, and | ||||||
22 | child, conditioned on the hypothesis that the tested man is | ||||||
23 | the father of the child; and
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24 | (2) the likelihood that the tested man is not the | ||||||
25 | father, based on the genetic markers of the tested man, | ||||||
26 | mother, and child, conditioned on the hypothesis that the |
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1 | tested man is not the father of the child and that the | ||||||
2 | father is of the same ethnic or racial group as the tested | ||||||
3 | man.
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4 | (g) "Commence" means to file the initial pleading seeking | ||||||
5 | an adjudication of parentage in the circuit court of this | ||||||
6 | State.
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7 | (h) "Determination of parentage" means the establishment | ||||||
8 | of the parent-child relationship by the signing of a Voluntary | ||||||
9 | Acknowledgment of Paternity under Article 3 of this Act or | ||||||
10 | adjudication by the court or as authorized under Article X of | ||||||
11 | the Illinois Public Aid Code.
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12 | (i) "Donor" means an individual who contributes a gamete or | ||||||
13 | gametes used for assisted reproduction, whether or not for | ||||||
14 | consideration. The term does not include:
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15 | (1) a husband who provides sperm, or a wife who | ||||||
16 | provides eggs, to be used for assisted reproduction by the | ||||||
17 | wife;
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18 | (2) a woman who gives birth to a child by means of | ||||||
19 | assisted reproduction, except as otherwise provided in the | ||||||
20 | Gestational Surrogacy Act; or
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21 | (3) a parent under Article 7 of this Act, or an | ||||||
22 | intended parent under the Gestational Surrogacy Act.
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23 | (j) "Ethnic or racial group" means, for purposes of genetic | ||||||
24 | testing, a recognized group that an individual identifies as | ||||||
25 | all or part of the individual's ancestry or that is so | ||||||
26 | identified by other information.
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1 | (k) "Gamete" means either a sperm or an egg.
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2 | (l) "Genetic testing" means an analysis of genetic markers | ||||||
3 | to exclude or identify a man as the father or a woman as the | ||||||
4 | mother of a child as provided in Article 4 of this Act.
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5 | (m) "Gestational mother" means an adult woman who gives | ||||||
6 | birth to a child under a gestational agreement.
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7 | (n) "Man" means a male individual of any age.
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8 | (o) "Parent" means an individual who has established a | ||||||
9 | parent-child relationship under Section 201 of this Act.
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10 | (p) "Parent-child relationship" means the legal | ||||||
11 | relationship between a child and a parent of the child. | ||||||
12 | (q) "Presumed parent" means an individual who, by operation | ||||||
13 | of law under Section 204 of this Act, is recognized as the | ||||||
14 | parent of a child until that status is rebutted or confirmed in | ||||||
15 | a judicial or administrative proceeding.
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16 | (r) "Probability of paternity" means the measure, for the | ||||||
17 | ethnic or racial group to which the alleged father belongs, of | ||||||
18 | the probability that the man in question is the father of the | ||||||
19 | child, compared with a random, unrelated man of the same ethnic | ||||||
20 | or racial group, expressed as a percentage incorporating the | ||||||
21 | combined paternity index and a prior probability.
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22 | (s) "Record" means information that is inscribed on a | ||||||
23 | tangible medium or that is stored in an electronic or other | ||||||
24 | medium and is retrievable in perceivable form.
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25 | (t) "Signatory" means an individual who authenticates a | ||||||
26 | record and is bound by its terms.
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1 | (u) "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 the | ||||||
4 | jurisdiction of the United States.
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5 | (v) "Support-enforcement agency" means a public official | ||||||
6 | or agency authorized to seek:
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7 | (1) enforcement of support orders or laws relating to | ||||||
8 | the duty of support;
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9 | (2) establishment or modification of child support;
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10 | (3) determination of parentage; or
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11 | (4) location of child-support obligors and their | ||||||
12 | income and assets.
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13 | Section 104. Scope of Act; choice of law. | ||||||
14 | (a) This Act applies to determination of parentage in this | ||||||
15 | State.
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16 | (b) The court shall apply the law of this State to | ||||||
17 | adjudicate the parent-child relationship. The applicable law | ||||||
18 | does not depend on:
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19 | (1) the place of birth of the child; or
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20 | (2) the past or present residence of the child.
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21 | (c) This Act does not create, enlarge, or diminish parental | ||||||
22 | rights or duties under other law of this State.
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23 | Section 105. Authority to establish parentage. The circuit | ||||||
24 | courts are authorized to establish parentage under this Act. |
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1 | The Department of Healthcare and Family Services may make | ||||||
2 | administrative determinations of paternity and nonpaternity in | ||||||
3 | accordance with Section 10-17.7 of the Illinois Public Aid | ||||||
4 | Code. Such administrative determinations shall have the full | ||||||
5 | force and effect of court judgments entered under this Act. | ||||||
6 | Section 106. Protection of participants. Proceedings under | ||||||
7 | this Act are subject to other law of this State governing the | ||||||
8 | health, safety, privacy, and liberty of a child or other | ||||||
9 | individual who could be jeopardized by disclosure of | ||||||
10 | identifying information, including address, telephone number, | ||||||
11 | place of employment, social security number, and the child's | ||||||
12 | day-care facility and school. | ||||||
13 | ARTICLE 2. PARENT-CHILD RELATIONSHIP | ||||||
14 | Section 201. Establishment of parent-child relationship. | ||||||
15 | (a) The parent-child relationship is established between a | ||||||
16 | woman and a child by:
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17 | (1) the woman's having given birth to the child, except | ||||||
18 | as otherwise provided in the Gestational Surrogacy Act; | ||||||
19 | (2) an adjudication of the woman's parentage; | ||||||
20 | (3) adoption of the child by the woman; | ||||||
21 | (4) a determination confirming the woman as a parent of | ||||||
22 | a child born to a gestational mother if a gestational | ||||||
23 | agreement is valid under the Gestational Surrogacy Act or |
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1 | is enforceable under other law; or | ||||||
2 | (5) an unrebutted presumption of the woman's parentage | ||||||
3 | of the child under Section 204 of this Act. | ||||||
4 | (b) The parent-child relationship is established between a | ||||||
5 | man and a child by:
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6 | (1) an unrebutted presumption of the man's parentage of | ||||||
7 | the child under Section 204 of this Act;
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8 | (2) an effective Voluntary Acknowledgment of Paternity | ||||||
9 | by the man under Article 3 of this Act, unless the | ||||||
10 | acknowledgment has been rescinded or successfully | ||||||
11 | challenged;
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12 | (3) an adjudication of the man's parentage;
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13 | (4) adoption of the child by the man; | ||||||
14 | (5) the man's having consented to assisted | ||||||
15 | reproduction by a woman under Article 7 of this Act which | ||||||
16 | resulted in the birth of the child; or
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17 | (6) a determination confirming the man as a parent of a | ||||||
18 | child born to a gestational surrogate if there is a | ||||||
19 | gestational agreement valid under the Gestational | ||||||
20 | Surrogacy Act or there is a surrogacy agreement enforceable | ||||||
21 | under other law. | ||||||
22 | (c) Insofar as practicable, the provisions of this Act | ||||||
23 | applicable to parent-child relationships shall apply equally | ||||||
24 | to men and women as parents, including, but not limited to, the | ||||||
25 | obligation to support. |
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1 | Section 202. Parents' legal relationship. Every child has | ||||||
2 | equal rights under the law regardless of the parents' legal | ||||||
3 | relationship.
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4 | Section 203. Consequences of establishment of parentage. A | ||||||
5 | parent-child relationship established under this Act applies | ||||||
6 | for all purposes, except as otherwise specifically provided by | ||||||
7 | other law of this State. | ||||||
8 | Section 204. Presumption of parentage. | ||||||
9 | (a) A man is presumed to be the parent of a child if:
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10 | (1) he and the mother of the child are married to each | ||||||
11 | other or are in a state-recognized civil union and the | ||||||
12 | child is born to the mother during the marriage or civil | ||||||
13 | union, except as provided by the Gestational Surrogacy Act | ||||||
14 | or Article 7 of this Act; | ||||||
15 | (2) he and the mother of the child were married to each | ||||||
16 | other or were in a state-recognized civil union and the | ||||||
17 | child is born to the mother within 300 days after the | ||||||
18 | marriage or civil union is terminated by death, declaration | ||||||
19 | of invalidity of marriage or civil union, judgment for | ||||||
20 | dissolution of marriage or civil union, or after a judgment | ||||||
21 | for legal separation, except as provided by the Gestational | ||||||
22 | Surrogacy Act or Article 7 of this Act; | ||||||
23 | (3) before the birth of the child, he and the mother of | ||||||
24 | the child married each other or entered into a |
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1 | state-recognized civil union in apparent compliance with | ||||||
2 | law, even if the attempted marriage or civil union is or | ||||||
3 | could be declared invalid, and the child is born during the | ||||||
4 | invalid marriage or civil union or within 300 days after | ||||||
5 | its termination by death, declaration of invalidity of | ||||||
6 | marriage or civil union, judgment for dissolution of | ||||||
7 | marriage or civil union, or after a judgment for legal | ||||||
8 | separation, except as provided by the Gestational | ||||||
9 | Surrogacy Act or Article 7 of this Act;
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10 | (4) after the child's birth, he and the child's mother | ||||||
11 | have married each other or entered into a state-recognized | ||||||
12 | civil union, even if the marriage or civil union is or | ||||||
13 | could be declared invalid, and he is named, with his | ||||||
14 | written consent, as the child's father on the child's birth | ||||||
15 | certificate; or | ||||||
16 | (5) for the first 2 years of the child's life, he | ||||||
17 | resided in a household with the child and openly held out | ||||||
18 | the child as his own during that time. | ||||||
19 | (b) A woman is presumed to be the parent of a child if she | ||||||
20 | and the natural mother of the child were in a state-recognized | ||||||
21 | civil union or marriage at the time of the birth and the | ||||||
22 | natural father of the child has not commenced an action to | ||||||
23 | establish his parentage. | ||||||
24 | Section 205. Proceedings to declare the non-existence of | ||||||
25 | the parent-child relationship.
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1 | (a) An action to declare the non-existence of the | ||||||
2 | parent-child relationship may be brought by the child, the | ||||||
3 | natural mother, or a man or woman presumed to be the parent | ||||||
4 | under Section 204 of this Act. Actions brought by the child, | ||||||
5 | the natural mother, or a presumed parent shall be brought by | ||||||
6 | verified complaint, which shall be designated a petition.
After | ||||||
7 | the presumption under Section 204 of this Act that a man or | ||||||
8 | woman is the parent has been rebutted, parentage of the child | ||||||
9 | by another man or woman may be established in the same action, | ||||||
10 | if he or she has been made a party. | ||||||
11 | (b) An action to declare the non-existence of the | ||||||
12 | parent-child relationship brought under subsection (a) of this | ||||||
13 | Section shall be barred if brought later than 2 years after the | ||||||
14 | petitioner obtains knowledge of the relevant facts. The 2-year | ||||||
15 | period for bringing an action to declare the non-existence of | ||||||
16 | the parent-child relationship shall not extend beyond the date | ||||||
17 | on which the child reaches the age of 18 years. Failure to | ||||||
18 | bring an action within 2 years shall not bar any party from | ||||||
19 | asserting a defense in any action to declare the existence of | ||||||
20 | the parent-child relationship. | ||||||
21 | (c) An action to declare the non-existence of the | ||||||
22 | parent-child relationship may be brought subsequent to an | ||||||
23 | adjudication of parentage in any judgment by the man | ||||||
24 | adjudicated to be the parent pursuant to a presumption in | ||||||
25 | paragraphs (a)(1) through (a)(4) of Section 204 if, as a result | ||||||
26 | of deoxyribonucleic acid (DNA) testing, it is discovered that |
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1 | the man adjudicated to be the father is not the natural father | ||||||
2 | of the child. Actions brought by the adjudicated father shall | ||||||
3 | be brought by
verified petition. If, as a result of the | ||||||
4 | deoxyribonucleic acid (DNA) testing, the petitioner is | ||||||
5 | determined not to be the natural father of the child, the | ||||||
6 | adjudication of paternity and any orders regarding custody, | ||||||
7 | parenting time, and future payments of support may be vacated. | ||||||
8 | (d) An action to declare the non-existence of the | ||||||
9 | parent-child relationship brought under subsection (c) of this | ||||||
10 | Section shall be barred if brought more than 2 years after the | ||||||
11 | petitioner obtains actual knowledge of relevant facts. The | ||||||
12 | 2-year period shall not apply to periods of time where the | ||||||
13 | natural mother or the child refuses to submit to | ||||||
14 | deoxyribonucleic acid (DNA) testing. The 2-year period for | ||||||
15 | bringing an action to declare the non-existence of the | ||||||
16 | parent-child relationship shall not extend beyond the date on | ||||||
17 | which the child reaches the age of 18 years. | ||||||
18 | ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY | ||||||
19 | Section 301. Voluntary Acknowledgment of Paternity. A | ||||||
20 | parent-child relationship may be established voluntarily by | ||||||
21 | the signing and witnessing of a Voluntary Acknowledgment of | ||||||
22 | Paternity in accordance with Section 12 of the Vital Records | ||||||
23 | Act and Section 10-17.7 of the Illinois Public Aid Code. The | ||||||
24 | Voluntary Acknowledgment of Paternity shall contain the social |
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1 | security numbers of the persons signing the Voluntary | ||||||
2 | Acknowledgment of Paternity; however, failure to include the | ||||||
3 | social security numbers of the persons signing a Voluntary | ||||||
4 | Acknowledgment of Paternity does not invalidate the Voluntary | ||||||
5 | Acknowledgment of Paternity. | ||||||
6 | Section 302. Execution of Voluntary Acknowledgment of | ||||||
7 | Paternity. | ||||||
8 | (a) A Voluntary Acknowledgment of Paternity must:
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9 | (1) be in a record;
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10 | (2) be signed, or otherwise authenticated, under | ||||||
11 | penalty of perjury by the mother and by the man seeking to | ||||||
12 | establish his paternity;
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13 | (3) state that the child whose paternity is being | ||||||
14 | acknowledged:
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15 | (A) does not have a presumed father, or has a | ||||||
16 | presumed father whose full name is stated; and
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17 | (B) does not have another acknowledged or | ||||||
18 | adjudicated father;
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19 | (4) be witnessed; and
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20 | (5) state that the signatories understand that the | ||||||
21 | acknowledgment is the equivalent of a judicial | ||||||
22 | adjudication of paternity of the child and that a challenge | ||||||
23 | to the acknowledgment is permitted only under limited | ||||||
24 | circumstances and is barred after 4 years.
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25 | (b) An acknowledgment of paternity is void if it:
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1 | (1) states that another man is a presumed father, | ||||||
2 | unless a denial of paternity signed or otherwise | ||||||
3 | authenticated by the presumed father is filed with the | ||||||
4 | Department of Healthcare and Family Services, as provided | ||||||
5 | by law;
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6 | (2) states that another man is an acknowledged or | ||||||
7 | adjudicated father; or
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8 | (3) falsely denies the existence of a presumed, | ||||||
9 | acknowledged, or adjudicated father of the child.
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10 | (c) A presumed father may sign or otherwise authenticate an | ||||||
11 | acknowledgment of paternity.
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12 | Section 303. Denial of paternity. A presumed father may | ||||||
13 | sign a denial of his paternity. The denial is valid only if: | ||||||
14 | (a) a Voluntary Acknowledgment of Paternity signed, or | ||||||
15 | otherwise authenticated, by another man is filed pursuant to | ||||||
16 | Section 305 of this Act;
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17 | (b) the denial is in a record, and is signed, or otherwise | ||||||
18 | authenticated, under penalty of perjury; and
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19 | (c) the presumed father has not previously:
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20 | (1) acknowledged his paternity, unless the previous | ||||||
21 | acknowledgment has been rescinded under Section 307 of this | ||||||
22 | Act or successfully challenged under Section 308 of this | ||||||
23 | Act; or
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24 | (2) been adjudicated to be the father of the child.
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1 | Section 304. Rules for acknowledgment and denial of | ||||||
2 | paternity. | ||||||
3 | (a) An acknowledgment of paternity and a denial of | ||||||
4 | paternity may be contained in a single document or may be | ||||||
5 | signed in counterparts, and may be filed separately or | ||||||
6 | simultaneously. If the acknowledgement and denial are both | ||||||
7 | necessary, neither is valid until both are filed.
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8 | (b) An acknowledgment of paternity or a denial of paternity | ||||||
9 | may be signed before the birth of the child.
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10 | (c) Subject to subsection (a), an acknowledgment of | ||||||
11 | paternity or denial of paternity takes effect on the birth of | ||||||
12 | the child or the filing of the document with the Department of | ||||||
13 | Healthcare and Family Services, as provided by law, whichever | ||||||
14 | occurs later.
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15 | (d) An acknowledgment of paternity or denial of paternity | ||||||
16 | signed by a minor is valid if it is otherwise in compliance | ||||||
17 | with this Act.
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18 | Section 305. Effect of acknowledgment or denial of | ||||||
19 | paternity. | ||||||
20 | (a) Except as otherwise provided in Sections 307 and 308 of | ||||||
21 | this Act, a valid acknowledgment of paternity filed with the | ||||||
22 | Department of Healthcare and Family Services, as provided by | ||||||
23 | law, is equivalent to an adjudication of the paternity of a | ||||||
24 | child and confers upon the acknowledged father all of the | ||||||
25 | rights and duties of a parent.
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1 | (b) Notwithstanding any other provision of this Act, | ||||||
2 | paternity established in accordance with Section 301 of this | ||||||
3 | Act has the full force and effect of a judgment entered under | ||||||
4 | this Act and serves as a basis for seeking a child support | ||||||
5 | order without any further proceedings to establish paternity.
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6 | (c) A judicial or administrative proceeding to ratify | ||||||
7 | paternity established in accordance with Section 301 of this | ||||||
8 | Act is neither required nor permitted. | ||||||
9 | (d) Except as otherwise provided in Sections 307 and 308 of | ||||||
10 | this Act, a valid denial of paternity by a presumed father | ||||||
11 | filed with the Department of Healthcare and Family Services, as | ||||||
12 | provided by law, in conjunction with a Voluntary Acknowledgment | ||||||
13 | of Paternity, is equivalent to an adjudication of the | ||||||
14 | nonpaternity of the presumed father and discharges the presumed | ||||||
15 | father from all rights and duties of a parent.
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16 | Section 306. No filing fee. The Department of Healthcare | ||||||
17 | and Family Services, as provided by law, may not charge a fee | ||||||
18 | for filing a Voluntary Acknowledgment of Paternity or denial of | ||||||
19 | paternity. | ||||||
20 | Section 307. Proceeding for rescission. A signatory may | ||||||
21 | rescind a Voluntary Acknowledgment of Paternity or denial of | ||||||
22 | paternity by filing a signed and witnessed rescission with the | ||||||
23 | Department of Healthcare and Family Services as provided in | ||||||
24 | Section 12 of the Vital Records Act, before the earlier of: |
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1 | (a) 60 days after the effective date of the acknowledgment | ||||||
2 | or denial, as provided in Section 304 of this Act; or
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3 | (b) the date of a judicial or administrative proceeding | ||||||
4 | relating to the child (including a proceeding to establish a | ||||||
5 | support order) in which the signatory is a party.
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6 | Section 308. Challenge after expiration of period for | ||||||
7 | rescission. After the period for rescission under Section 307 | ||||||
8 | of this Act has expired, a signatory of a Voluntary | ||||||
9 | Acknowledgment of Paternity or denial of paternity may commence | ||||||
10 | a proceeding to challenge the acknowledgment or denial only as | ||||||
11 | provided in Section 309 of this Act. | ||||||
12 | Section 309. Procedure for challenge. | ||||||
13 | (a) An acknowledgment of paternity and any related denial | ||||||
14 | of paternity may be challenged only on the basis of fraud, | ||||||
15 | duress, or material mistake of fact by filing a verified | ||||||
16 | petition under this Section within 4 years after the effective | ||||||
17 | date of the acknowledgment or denial, as provided in Section | ||||||
18 | 304 of this Act. Time during which the person challenging the | ||||||
19 | acknowledgment or denial is under legal disability or duress or | ||||||
20 | the ground for relief is fraudulently concealed shall be | ||||||
21 | excluded in computing the period of 4 years.
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22 | (b) The verified complaint, which shall be designated a | ||||||
23 | petition, shall be filed in the county where a proceeding | ||||||
24 | relating to the child was brought, such as a support proceeding |
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1 | or, if none exists, in the county where the child resides. | ||||||
2 | Every signatory to the acknowledgment of paternity and any | ||||||
3 | related denial of paternity must be made a party to a | ||||||
4 | proceeding to challenge the acknowledgment or denial. The party | ||||||
5 | challenging the acknowledgment or denial shall have the burden | ||||||
6 | of proof.
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7 | (c) For the purpose of a challenge to an acknowledgment of | ||||||
8 | paternity or denial of paternity, a signatory submits to | ||||||
9 | personal jurisdiction of this State by signing the | ||||||
10 | acknowledgment and any related denial, effective upon the | ||||||
11 | filing of the acknowledgment and any related denial with the | ||||||
12 | Department of Healthcare and Family Services, as provided in | ||||||
13 | Section 12 of the Vital Records Act.
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14 | (d) Except for good cause shown, during the pendency of a | ||||||
15 | proceeding to challenge an acknowledgment of paternity or | ||||||
16 | denial of paternity, the court may not suspend the legal | ||||||
17 | responsibilities of a signatory arising from the | ||||||
18 | acknowledgment, including the duty to pay child support.
| ||||||
19 | (e) At the conclusion of a proceeding to challenge an | ||||||
20 | acknowledgment of paternity or denial of paternity, the court | ||||||
21 | shall order the Department of Public Health to amend the birth | ||||||
22 | record of the child, if appropriate. A copy of an order entered | ||||||
23 | at the conclusion of a proceeding to challenge shall be | ||||||
24 | provided to the Department of Healthcare and Family Services.
| ||||||
25 | Section 310. Ratification barred. A court or |
| |||||||
| |||||||
1 | administrative agency conducting a judicial or administrative | ||||||
2 | proceeding is not required or permitted to ratify an | ||||||
3 | unchallenged acknowledgment of paternity. | ||||||
4 | Section 311. Full faith and credit. A court of this State | ||||||
5 | shall give full faith and credit to an acknowledgment of | ||||||
6 | paternity or denial of paternity effective in another state if | ||||||
7 | the acknowledgment or denial has been signed and is otherwise | ||||||
8 | in compliance with the law of the other state. | ||||||
9 | Section 312. Forms for acknowledgment and denial of | ||||||
10 | paternity. | ||||||
11 | (a) To facilitate compliance with this Article, the | ||||||
12 | Department of Healthcare and Family Services shall prescribe | ||||||
13 | forms for the acknowledgment of paternity and the denial of | ||||||
14 | paternity and for the rescission of acknowledgement or denial | ||||||
15 | consistent with Section 307 of this Act.
| ||||||
16 | (b) A Voluntary Acknowledgment of Paternity or denial of | ||||||
17 | paternity is not affected by a later modification of the | ||||||
18 | prescribed form.
| ||||||
19 | Section 313. Release of information. The Department of | ||||||
20 | Healthcare and Family Services may release information | ||||||
21 | relating to the acknowledgment of paternity or denial of | ||||||
22 | paternity to a signatory of the acknowledgment or denial; to | ||||||
23 | the child's guardian, the emancipated child, or the legal |
| |||||||
| |||||||
1 | representatives of those individuals; to appropriate federal | ||||||
2 | agencies; and to courts and appropriate agencies of this State | ||||||
3 | or another state. | ||||||
4 | Section 314. Adoption of rules. The Department of Public | ||||||
5 | Health and the Department of Healthcare and Family Services may | ||||||
6 | adopt rules to implement this Article. | ||||||
7 | ARTICLE 4. GENETIC TESTING | ||||||
8 | Section 401. Proceeding authorized. As soon as | ||||||
9 | practicable, the court or administrative hearing officer in an | ||||||
10 | Expedited Child Support System may, and upon the request of a | ||||||
11 | party shall, order or direct the mother, child, and alleged | ||||||
12 | father to submit to deoxyribonucleic acid (DNA) testing to | ||||||
13 | determine inherited characteristics. If any party refuses to | ||||||
14 | submit to genetic testing, the court may resolve the question | ||||||
15 | of paternity against that party or enforce its order if the | ||||||
16 | rights of others and the interests of justice so require. | ||||||
17 | Section 402. Requirements for genetic testing. | ||||||
18 | (a) The genetic testing shall be conducted by an expert | ||||||
19 | qualified as an examiner of blood or tissue types and appointed | ||||||
20 | by the court. The expert shall determine the genetic testing | ||||||
21 | procedures. However, any interested party, for good cause | ||||||
22 | shown, in advance of the scheduled genetic testing, may request |
| |||||||
| |||||||
1 | a hearing to object to the qualifications of the expert or the | ||||||
2 | genetic testing procedures. The expert appointed by the court | ||||||
3 | shall testify at the pre-test hearing at the expense of the | ||||||
4 | party requesting the hearing, except for an indigent party as | ||||||
5 | provided in Section 405 of this Act. An expert not appointed by | ||||||
6 | the court shall testify at the pre-test hearing at the expense | ||||||
7 | of the party retaining the expert. Inquiry into an expert's | ||||||
8 | qualifications at the pre-test hearing shall not affect either | ||||||
9 | party's right to have the expert qualified at trial.
| ||||||
10 | (b) Genetic testing must be of a type reasonably relied | ||||||
11 | upon by experts in the field of genetic testing and performed | ||||||
12 | in a testing laboratory accredited by the American Association | ||||||
13 | of Blood Banks or a successor to its functions.
| ||||||
14 | (c) A specimen used in genetic testing may consist of one | ||||||
15 | or more samples, or a combination of samples, of blood, buccal | ||||||
16 | cells, bone, hair, or other body tissue or fluid.
| ||||||
17 | (d) The testing laboratory shall determine the databases | ||||||
18 | from which to select frequencies for use in calculation of the | ||||||
19 | probability of paternity based on the ethnic or racial group of | ||||||
20 | an individual or individuals. If there is disagreement as to | ||||||
21 | the testing laboratory's choice, the following rules apply:
| ||||||
22 | (1) The individual objecting may require the testing | ||||||
23 | laboratory, within 30 days after receipt of the report of | ||||||
24 | the genetic testing, to recalculate the probability of | ||||||
25 | paternity using an ethnic or racial group different from | ||||||
26 | that used by the laboratory.
|
| |||||||
| |||||||
1 | (2) The individual objecting to the testing | ||||||
2 | laboratory's initial choice shall:
| ||||||
3 | (A) if the frequencies are not available to the | ||||||
4 | testing laboratory for the ethnic or racial group | ||||||
5 | requested, provide the requested frequencies compiled | ||||||
6 | in a manner recognized by accrediting bodies; or
| ||||||
7 | (B) engage another testing laboratory to perform | ||||||
8 | the calculations.
| ||||||
9 | (e) If, after recalculation using a different ethnic or | ||||||
10 | racial group, genetic testing does not reputably identify a man | ||||||
11 | as the father of a child, an individual who has been tested may | ||||||
12 | be required to submit to additional genetic testing.
| ||||||
13 | Section 403. Genetic test results. | ||||||
14 | (a) The expert shall prepare a written report of the | ||||||
15 | genetic test results. If the genetic test results show that the | ||||||
16 | alleged father is not excluded, the report shall contain | ||||||
17 | statistics based upon the statistical formula of combined | ||||||
18 | paternity index (CPI) and the probability of paternity as | ||||||
19 | determined by the probability of exclusion (Random Man Not | ||||||
20 | Excluded = RMNE). The expert may be called by the court as a | ||||||
21 | witness to testify to his or her findings and, if called, shall | ||||||
22 | be subject to cross-examination by the parties. If the genetic | ||||||
23 | test results show that the alleged father is not excluded, any | ||||||
24 | party may demand that other experts, qualified as examiners of | ||||||
25 | blood or tissue types, perform independent genetic testing |
| |||||||
| |||||||
1 | under order of court, including, but not limited to, blood | ||||||
2 | types or other testing of genetic markers. The results of the | ||||||
3 | genetic testing may be offered into evidence. The number and | ||||||
4 | qualifications of the experts shall be determined by the court.
| ||||||
5 | (b) Documentation of the chain of custody of the blood or | ||||||
6 | tissue samples, accompanied by an affidavit or certification in | ||||||
7 | accordance with Section 1-109 of the Code of Civil Procedure, | ||||||
8 | is competent evidence to establish the chain of custody.
| ||||||
9 | (c) The report of the genetic test results prepared by the | ||||||
10 | appointed expert shall be made by affidavit or by certification | ||||||
11 | as provided in Section 1-109 of the Code of Civil Procedure and | ||||||
12 | shall be mailed to all parties. A proof of service shall be | ||||||
13 | filed with the court. The verified report shall be admitted | ||||||
14 | into evidence at trial without foundation testimony or other | ||||||
15 | proof of authenticity or accuracy, unless a written motion | ||||||
16 | challenging the admissibility of the report is filed by either | ||||||
17 | party within 28 days of receipt of the report, in which case | ||||||
18 | expert testimony shall be required. A party may not file such a | ||||||
19 | motion challenging the admissibility of the report later than | ||||||
20 | 28 days before commencement of trial. Before trial, the court | ||||||
21 | shall determine whether the motion is sufficient to deny | ||||||
22 | admission of the report by verification. Failure to make that | ||||||
23 | timely motion constitutes a waiver of the right to object to | ||||||
24 | admission by verification and shall not be grounds for a | ||||||
25 | continuance of the hearing to establish paternity.
|
| |||||||
| |||||||
1 | Section 404. Effect of genetic testing. Genetic testing | ||||||
2 | taken pursuant to this Section shall have the following effect: | ||||||
3 | (a) If the court finds that the conclusion of the expert or | ||||||
4 | experts, as disclosed by the evidence based upon the genetic | ||||||
5 | testing, is that the alleged father is not the parent of the | ||||||
6 | child, the question of paternity shall be resolved accordingly.
| ||||||
7 | (b) If the experts disagree in their findings or | ||||||
8 | conclusions, the question shall be weighed with other competent | ||||||
9 | evidence of paternity.
| ||||||
10 | (c) If the genetic testing results indicate that the | ||||||
11 | alleged father is not excluded and that the combined paternity | ||||||
12 | index is at least 1,000 to 1, and there is at least a 99.9% | ||||||
13 | probability of paternity, the alleged father is presumed to be | ||||||
14 | the father, and this evidence shall be admitted.
| ||||||
15 | (d) A man identified under subsection (c) of this Section | ||||||
16 | as the father of the child may rebut the genetic testing | ||||||
17 | results by other genetic testing satisfying the requirements of | ||||||
18 | this Article which:
| ||||||
19 | (1) excludes the man as a genetic father of the child; | ||||||
20 | or
| ||||||
21 | (2) identifies another man as the possible father of | ||||||
22 | the child.
| ||||||
23 | (e) Except as otherwise provided in this Article 4, if more | ||||||
24 | than one man is identified by genetic testing as the possible | ||||||
25 | father of the child, the court shall order them to submit to | ||||||
26 | further genetic testing to identify the genetic father.
|
| |||||||
| |||||||
1 | Section 405. Cost of genetic testing. The expense of the | ||||||
2 | genetic testing shall be paid by the party who requests the | ||||||
3 | genetic testing, except that the court may apportion the costs | ||||||
4 | between the parties, upon request. When the genetic testing is | ||||||
5 | requested by the party seeking to establish paternity and that | ||||||
6 | party is found to be indigent by the court, the expense shall | ||||||
7 | be paid by the public agency providing representation; except | ||||||
8 | that where a public agency is not providing representation, the | ||||||
9 | expense shall be paid by the county in which the action is | ||||||
10 | brought. When the genetic testing is ordered by the court on | ||||||
11 | its own motion or is requested by the alleged or presumed | ||||||
12 | father and that father is found to be indigent by the court, | ||||||
13 | the expense shall be paid by the county in which the action is | ||||||
14 | brought. Any part of the expense may be taxed as costs in the | ||||||
15 | action, except that no costs may be taxed against a public | ||||||
16 | agency that has not requested the genetic testing. | ||||||
17 | Section 406. Compensation of expert. The compensation of | ||||||
18 | each expert witness appointed by the court shall be paid as | ||||||
19 | provided in Section 405 of this Act. Any part of the payment | ||||||
20 | may be taxed as costs in the action, except that no costs may | ||||||
21 | be taxed against a public agency that has not requested the | ||||||
22 | services of the expert witness. | ||||||
23 | Section 407. Independent genetic testing. Nothing in this |
| |||||||
| |||||||
1 | Section shall prevent a party from obtaining genetic testing of | ||||||
2 | his or her own blood or tissue independent of those ordered by | ||||||
3 | the court or from presenting expert testimony interpreting | ||||||
4 | those tests or any other blood tests ordered under this | ||||||
5 | Section. Reports of all the independent tests, accompanied by | ||||||
6 | affidavit or certification pursuant to Section 1-109 of the | ||||||
7 | Code of Civil Procedure, and notice of any expert witnesses to | ||||||
8 | be called to testify to the results of those tests shall be | ||||||
9 | submitted to all parties at least 30 days before any hearing | ||||||
10 | set to determine the issue of parentage. | ||||||
11 | Section 408. Additional persons to be tested. | ||||||
12 | (a) Subject to subsection (b), if a genetic-testing | ||||||
13 | specimen is not available from a man who may be the father of a | ||||||
14 | child, for good cause and under circumstances the court | ||||||
15 | considers to be just, the court may order the following | ||||||
16 | individuals to submit specimens for genetic testing:
| ||||||
17 | (1) the parents of the man;
| ||||||
18 | (2) brothers and sisters of the man;
| ||||||
19 | (3) other children of the man and their mothers; and
| ||||||
20 | (4) other relatives of the man necessary to complete | ||||||
21 | genetic testing.
| ||||||
22 | (b) Issuance of an order under this Section requires a | ||||||
23 | finding that a need for genetic testing outweighs the | ||||||
24 | legitimate interests of the individual sought to be tested, and | ||||||
25 | in no event shall an order be issued until the individual is |
| |||||||
| |||||||
1 | joined as a party and given notice as required under the Code | ||||||
2 | of Civil Procedure.
| ||||||
3 | ARTICLE 5. TEMPORARY RELIEF | ||||||
4 | Section 501. Temporary order. | ||||||
5 | (a) On a motion by a party and a showing of clear and | ||||||
6 | convincing evidence of parentage, the court shall issue a | ||||||
7 | temporary order for support of a child if the order is | ||||||
8 | appropriate and the individual ordered to pay support is:
| ||||||
9 | (1) a presumed parent of the child;
| ||||||
10 | (2) petitioning to have parentage adjudicated;
| ||||||
11 | (3) identified as the father through genetic testing | ||||||
12 | under Article 4 of this Act;
| ||||||
13 | (4) an alleged father who has declined to submit to | ||||||
14 | genetic testing;
| ||||||
15 | (5) shown by clear and convincing evidence to be the | ||||||
16 | child's father; or
| ||||||
17 | (6) the mother of the child.
| ||||||
18 | In determining the amount of a temporary child support | ||||||
19 | award, the court shall use the guidelines and standards set | ||||||
20 | forth in Sections 505 and 505.2 of the Illinois Marriage and | ||||||
21 | Dissolution of Marriage Act.
| ||||||
22 | (b) A temporary order may include provisions for custody | ||||||
23 | and parenting time as provided by the Illinois Marriage and | ||||||
24 | Dissolution of Marriage Act.
|
| |||||||
| |||||||
1 | (c) Temporary orders issued under this Section shall not | ||||||
2 | have prejudicial effect with respect to final support, custody, | ||||||
3 | or parenting time orders.
| ||||||
4 | Section 502. Injunctive relief. | ||||||
5 | (a) In any action brought under this Act for the initial | ||||||
6 | determination of parentage, custody or parenting time of a | ||||||
7 | child, or for modification of a prior custody or parenting time | ||||||
8 | order, the court, upon application of a party, may enjoin a | ||||||
9 | party having physical possession or custody of a child from | ||||||
10 | temporarily removing the child from this State pending the | ||||||
11 | adjudication of the issues of parentage, custody, and parenting | ||||||
12 | time. When deciding whether to enjoin removal of a child, or to | ||||||
13 | order a party to return the child to this State, the court | ||||||
14 | shall consider factors including, but not limited to:
| ||||||
15 | (1) the extent of previous involvement with the child | ||||||
16 | by the party seeking to enjoin removal or to have the | ||||||
17 | absent party return the child to this State;
| ||||||
18 | (2) the likelihood that parentage will be established; | ||||||
19 | and
| ||||||
20 | (3) the impact on the financial, physical, and | ||||||
21 | emotional health of the party being enjoined from removing | ||||||
22 | the child or the party being ordered to return the child to | ||||||
23 | this State.
| ||||||
24 | (b) A temporary restraining order or preliminary | ||||||
25 | injunction under this Act shall be governed by the relevant |
| |||||||
| |||||||
1 | provisions of Part 1 of Article XI of the Code of Civil | ||||||
2 | Procedure. | ||||||
3 | (c) Notwithstanding the provisions of subsection (a) of | ||||||
4 | this Section, the court may decline to enjoin a domestic | ||||||
5 | violence victim having physical possession or custody of a | ||||||
6 | child from temporarily or permanently removing the child from | ||||||
7 | this State pending the adjudication of issues of custody or | ||||||
8 | parenting time. In determining whether a person is a domestic | ||||||
9 | violence victim, the court shall consider the following | ||||||
10 | factors:
| ||||||
11 | (1) a sworn statement by the person that the person | ||||||
12 | has good reason to believe that he or she is the victim of | ||||||
13 | domestic violence or stalking;
| ||||||
14 | (2) a sworn statement that the person fears for his | ||||||
15 | or her safety or the safety of his or her children;
| ||||||
16 | (3) evidence from police, court, or other | ||||||
17 | government agency records or files;
| ||||||
18 | (4) documentation from a domestic violence program | ||||||
19 | if the person is alleged to be a victim of domestic | ||||||
20 | violence;
| ||||||
21 | (5) documentation from a legal, clerical, medical, | ||||||
22 | or other professional from whom the person has sought | ||||||
23 | assistance in dealing with the alleged domestic violence; | ||||||
24 | and
| ||||||
25 | (6) any other evidence that supports the sworn | ||||||
26 | statements, such as a statement from any other individual |
| |||||||
| |||||||
1 | with knowledge of the circumstances that provides the basis | ||||||
2 | for the claim, or physical evidence of the domestic | ||||||
3 | violence.
| ||||||
4 | ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE | ||||||
5 | Section 601. Proceeding authorized. A civil proceeding may | ||||||
6 | be maintained to adjudicate the parentage of a child. The | ||||||
7 | proceeding is governed by the Code of Civil Procedure and | ||||||
8 | Illinois Supreme Court Rules. Administrative proceedings | ||||||
9 | adjudicating paternity shall be governed by Section 10-17.7 of | ||||||
10 | the Illinois Public Aid Code. | ||||||
11 | Section 602. Standing. A complaint to adjudicate parentage | ||||||
12 | shall be verified, shall be designated a petition, and shall | ||||||
13 | name the person or persons alleged to be the parent of the | ||||||
14 | child. Subject to Article 3 and Sections 607, 608, and 609 of | ||||||
15 | this Act, a proceeding to adjudicate parentage may be | ||||||
16 | maintained by: | ||||||
17 | (a) the child;
| ||||||
18 | (b) the mother of the child;
| ||||||
19 | (c) a pregnant woman; | ||||||
20 | (d) a man presumed or alleging himself to be the father of | ||||||
21 | the child; | ||||||
22 | (e) the support-enforcement agency or other governmental | ||||||
23 | agency authorized by other law;
|
| |||||||
| |||||||
1 | (f) any person or public agency that has custody of, is | ||||||
2 | providing financial support to, or has provided financial | ||||||
3 | support to the child; | ||||||
4 | (g) the Department of Healthcare and Family Services if it | ||||||
5 | is providing, or has provided, financial support to the child | ||||||
6 | or if it is assisting with child support collections services; | ||||||
7 | (h) an authorized adoption agency or licensed | ||||||
8 | child-placing agency; | ||||||
9 | (i) a representative authorized by law to act for an | ||||||
10 | individual who would otherwise be entitled to maintain a | ||||||
11 | proceeding but who is deceased, incapacitated, or a minor; or
| ||||||
12 | (j) an intended parent under the Gestational Surrogacy Act.
| ||||||
13 | Section 603. Subject matter and personal jurisdiction. | ||||||
14 | (a) The circuit courts of this State shall have | ||||||
15 | jurisdiction of an action brought under this Act. In a civil | ||||||
16 | action not brought under this Act, the provisions of this Act | ||||||
17 | shall apply if parentage is at issue. The court may join any | ||||||
18 | action under this Act with any other civil action in which this | ||||||
19 | Act is applicable. | ||||||
20 | (b) An individual may not be adjudicated to be a parent | ||||||
21 | unless the court has personal jurisdiction over the individual.
| ||||||
22 | (c) A court of this State having jurisdiction to adjudicate | ||||||
23 | parentage may exercise personal jurisdiction over a | ||||||
24 | nonresident individual, or the guardian or conservator of the | ||||||
25 | individual, if the conditions prescribed in Section 201 of the |
| |||||||
| |||||||
1 | Uniform Interstate Family Support Act are fulfilled.
| ||||||
2 | (d) Lack of jurisdiction over one individual does not | ||||||
3 | preclude the court from making an adjudication of parentage | ||||||
4 | binding on another individual over whom the court has personal | ||||||
5 | jurisdiction.
| ||||||
6 | Section 604. Venue. | ||||||
7 | (a) Venue for a proceeding to adjudicate parentage is any | ||||||
8 | county of this State in which a party resides, or if the | ||||||
9 | presumed or alleged father is deceased, in which a proceeding | ||||||
10 | for probate or administration of the presumed or alleged | ||||||
11 | father's estate has been commenced, or could be commenced. | ||||||
12 | (b) A child custody proceeding is commenced in the county | ||||||
13 | where the child resides. | ||||||
14 | Section 605. Notice to presumed father. | ||||||
15 | (a) In any action brought under Article 3 or Article 6 of | ||||||
16 | this Act where the man signing the petition for an order | ||||||
17 | establishing the existence of the parent-child relationship by | ||||||
18 | consent or the man alleged to be the father in a petition is | ||||||
19 | different from a man who is presumed to be father of the child | ||||||
20 | under Article 2 of this Act, a notice shall be served on the | ||||||
21 | presumed father in the same manner as summonses are served in | ||||||
22 | other civil proceedings or, in lieu of personal service, | ||||||
23 | service may be made as follows: | ||||||
24 | (1) The person requesting notice shall pay to the clerk |
| |||||||
| |||||||
1 | of the circuit court a mailing fee of $1.50 and furnish to | ||||||
2 | the clerk of the circuit court an original and one copy of | ||||||
3 | a notice together with an affidavit setting forth the | ||||||
4 | presumed father's last known address. The original notice | ||||||
5 | shall be retained by the clerk of the circuit court. | ||||||
6 | (2) The clerk of the circuit court shall promptly mail | ||||||
7 | to the presumed father, at the address appearing in the | ||||||
8 | affidavit, the copy of the notice by certified mail, return | ||||||
9 | receipt requested. The envelope and return receipt shall | ||||||
10 | bear the return address of the clerk of the circuit court. | ||||||
11 | The receipt for certified mail shall state the name and | ||||||
12 | address of the addressee and the date of mailing and shall | ||||||
13 | be attached to the original notice. | ||||||
14 | (3) The return receipt, when returned to the clerk of | ||||||
15 | the circuit court, shall be attached to the original notice | ||||||
16 | and shall constitute proof of service. | ||||||
17 | (4) The clerk of the circuit court shall note the fact | ||||||
18 | of service in a permanent record. | ||||||
19 | (b) The notice shall read as follows: | ||||||
20 | "IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER.
| ||||||
21 | You have been identified as the presumed father of | ||||||
22 | ......... , born on .........
The mother of the child is | ||||||
23 | .........
| ||||||
24 | An action is being brought to establish the parent-child | ||||||
25 | relationship between the named child and a man named by the | ||||||
26 | mother, ......... |
| |||||||
| |||||||
1 | Under the law, you are presumed to be the father if: | ||||||
2 | (1) you and the mother of the child are married to each | ||||||
3 | other and the child is born during the marriage; | ||||||
4 | (2) you and the mother of the child were married to | ||||||
5 | each other and the child is born within 300 days after the | ||||||
6 | marriage is terminated by death, declaration of invalidity | ||||||
7 | of marriage, judgment for dissolution of marriage, or after | ||||||
8 | a judgment for legal separation;
| ||||||
9 | (3) before the birth of the child, you and the mother | ||||||
10 | of the child married each other in apparent compliance with | ||||||
11 | law, even if the attempted marriage is or could be declared | ||||||
12 | invalid, and the child is born during the invalid marriage | ||||||
13 | or within 300 days after its termination by death, | ||||||
14 | declaration of invalidity of marriage, judgment for | ||||||
15 | dissolution of marriage, or after a judgment for legal | ||||||
16 | separation;
| ||||||
17 | (4) after the child's birth, you and the child's mother | ||||||
18 | have married each other, even though the marriage is or | ||||||
19 | could be declared invalid, and you are named, with your | ||||||
20 | written consent, as the child's father on the child's birth | ||||||
21 | certificate.
| ||||||
22 | As the presumed father, you have certain legal rights with | ||||||
23 | respect to the named child, including the right to notice of | ||||||
24 | the filing of proceedings instituted for the establishment of | ||||||
25 | parentage of the named child and, if named as the father in a | ||||||
26 | petition to establish parentage, the right to submit to, along |
| |||||||
| |||||||
1 | with the mother and child, deoxyribonucleic acid (DNA) tests to | ||||||
2 | determine inherited characteristics. If you wish to assert your | ||||||
3 | rights with respect to the child named in this notice, you must | ||||||
4 | file with the Clerk of this Circuit Court of ......... County, | ||||||
5 | Illinois, whose address is ........ , within 30 days after the | ||||||
6 | date of receipt of this notice, a declaration of parentage | ||||||
7 | stating that you are, in fact, the father of the named child | ||||||
8 | and that you intend to assert your legal rights with respect to | ||||||
9 | the child, or that you request to be notified of any further | ||||||
10 | proceedings with respect to the parentage of the child. | ||||||
11 | If you do not file a declaration of parentage or a request | ||||||
12 | for notice, then whatever legal rights you have with respect to | ||||||
13 | the named child, including the right to notice of any future | ||||||
14 | proceedings for the establishment of parentage of the child, | ||||||
15 | may be terminated without any further notice to you. When your | ||||||
16 | legal rights with respect to the named child are terminated, | ||||||
17 | you will not be entitled to notice of any future proceedings.". | ||||||
18 | (c) The notice to presumed fathers under this Section in | ||||||
19 | any action brought by a public agency shall be prepared and | ||||||
20 | mailed by the public agency, and the mailing fee to the clerk | ||||||
21 | of the circuit court shall be waived. | ||||||
22 | Section 606. Summons. The summons that is served on a | ||||||
23 | respondent shall include the return date on or by which the | ||||||
24 | respondent must appear and shall contain the following | ||||||
25 | information, in a prominent place and in conspicuous language, |
| |||||||
| |||||||
1 | in addition to the information required to be provided under | ||||||
2 | the laws of this State: "If you do not appear as instructed in | ||||||
3 | this summons, you may be required to support the child named in | ||||||
4 | this petition until the child is at least 18 years old. You may | ||||||
5 | also have to pay the pregnancy and delivery costs of the | ||||||
6 | mother.". | ||||||
7 | Section 607. No limitation; child having no presumed, | ||||||
8 | acknowledged, or adjudicated parent. A proceeding to | ||||||
9 | adjudicate the parentage of a child having no presumed, | ||||||
10 | acknowledged, or adjudicated parent may be commenced at any | ||||||
11 | time, even after: | ||||||
12 | (a) the child becomes an adult, but only if the child | ||||||
13 | initiates the proceeding; or
| ||||||
14 | (b) an earlier proceeding to adjudicate parentage has been | ||||||
15 | dismissed based on the application of a statute of limitations | ||||||
16 | then in effect.
| ||||||
17 | Section 608. Limitation; child having presumed parent. | ||||||
18 | (a) Except as otherwise provided in subsection (b), a | ||||||
19 | proceeding brought by a presumed father, the mother, or another | ||||||
20 | individual to adjudicate the parentage of a child having a | ||||||
21 | presumed father, must be commenced not later than 2 years after | ||||||
22 | the birth of the child.
| ||||||
23 | (b) A proceeding seeking to declare the non-existence of | ||||||
24 | the parent-child relationship between a child and the child's |
| |||||||
| |||||||
1 | presumed father may be maintained at any time if the court | ||||||
2 | determines that the presumed father and the mother of the child | ||||||
3 | neither cohabited nor engaged in sexual intercourse with each | ||||||
4 | other during the probable time of conception. | ||||||
5 | Section 609. Limitation; child having acknowledged or | ||||||
6 | adjudicated parent. | ||||||
7 | (a) If a child has an acknowledged father, a signatory to | ||||||
8 | the acknowledgment of paternity or denial of paternity may | ||||||
9 | commence a proceeding seeking to challenge the acknowledgement | ||||||
10 | or denial or challenge the paternity of the child only within | ||||||
11 | the time allowed under Section 309 of this Act. | ||||||
12 | (b) If a child has an acknowledged father or an adjudicated | ||||||
13 | father, an individual, other than the child, who is neither a | ||||||
14 | signatory to the acknowledgment of paternity nor a party to the | ||||||
15 | adjudication and who seeks an adjudication of parentage of the | ||||||
16 | child must commence a proceeding not later than 2 years after | ||||||
17 | the effective date of the acknowledgment or adjudication. | ||||||
18 | (c) A proceeding under this Section is subject to the | ||||||
19 | application of the principles of estoppel established in | ||||||
20 | Section 610 of this Act. | ||||||
21 | Section 610. Authority to deny motion for genetic testing. | ||||||
22 | (a) In a proceeding to adjudicate the parentage of a child | ||||||
23 | having a presumed father, the court may deny a motion seeking | ||||||
24 | an order for genetic testing of the mother, the child, and the |
| |||||||
| |||||||
1 | presumed father if the court determines that:
| ||||||
2 | (1) the conduct of the mother or the presumed father | ||||||
3 | estops that party from denying parentage; and
| ||||||
4 | (2) it would be inequitable to disprove the father and | ||||||
5 | child relationship between the child and the presumed | ||||||
6 | father.
| ||||||
7 | (b) In determining whether to deny a motion seeking an | ||||||
8 | order for genetic testing, the court shall consider the best | ||||||
9 | interest of the child, including the following factors:
| ||||||
10 | (1) the length of time between the proceeding to | ||||||
11 | adjudicate parentage and the time that the presumed father | ||||||
12 | was placed on notice that he might not be the biological | ||||||
13 | father;
| ||||||
14 | (2) the length of time during which the presumed father | ||||||
15 | has assumed the role of father of the child;
| ||||||
16 | (3) the facts surrounding the presumed father's | ||||||
17 | discovery of his possible nonpaternity;
| ||||||
18 | (4) the nature of the relationship between the child | ||||||
19 | and the presumed father;
| ||||||
20 | (5) the age of the child;
| ||||||
21 | (6) the harm that may result to the child if the | ||||||
22 | presumed paternity is successfully disproved;
| ||||||
23 | (7) the nature of the relationship between the child | ||||||
24 | and any alleged father;
| ||||||
25 | (8) the extent to which the passage of time reduces the | ||||||
26 | chances of establishing the paternity of another man and a |
| |||||||
| |||||||
1 | child-support obligation in favor of the child; | ||||||
2 | (9) other factors that may affect the equities arising | ||||||
3 | from the disruption of the father and child relationship | ||||||
4 | between the child and the presumed father or the chance of | ||||||
5 | other harm to the child; and
| ||||||
6 | (10) any other factor the court determines to be | ||||||
7 | equitable.
| ||||||
8 | (c) In a proceeding involving the application of this | ||||||
9 | Section, a minor or incapacitated child must be represented by | ||||||
10 | a guardian ad litem.
| ||||||
11 | (d) If the court denies a motion seeking an order for | ||||||
12 | genetic testing, it shall issue an order adjudicating the | ||||||
13 | presumed father to be the father of the child.
| ||||||
14 | Section 611. Joinder of proceedings. | ||||||
15 | (a) Except as otherwise provided in subsection (b), a | ||||||
16 | proceeding to adjudicate parentage may be joined with a | ||||||
17 | proceeding for adoption, termination of parental rights, child | ||||||
18 | custody or parenting time, child support, dissolution of | ||||||
19 | marriage or civil union, declaration of invalidity of marriage | ||||||
20 | or civil union, legal separation, probate or administration of | ||||||
21 | an estate, or other appropriate proceeding.
| ||||||
22 | (b) A respondent may not join a proceeding described in | ||||||
23 | subsection (a) with a proceeding to adjudicate parentage | ||||||
24 | brought under the Uniform Interstate Family Support Act.
|
| |||||||
| |||||||
1 | Section 612. Proceeding before birth. A proceeding to | ||||||
2 | establish parentage may be commenced before the birth of the | ||||||
3 | child, but may not be concluded until after the birth of the | ||||||
4 | child. The following actions may be taken before the birth of | ||||||
5 | the child: | ||||||
6 | (a) service of process;
| ||||||
7 | (b) the taking of depositions to perpetuate testimony; and
| ||||||
8 | (c) except as prohibited by Article 4 of this Act, | ||||||
9 | collection of specimens for genetic testing.
| ||||||
10 | Section 613. Child as party; representation. | ||||||
11 | (a) A minor child is a permissible party, but is not a | ||||||
12 | necessary party to a proceeding under this Article.
| ||||||
13 | (b) The court shall appoint a guardian ad litem to | ||||||
14 | represent a minor or incapacitated child if the child is a | ||||||
15 | party or the court finds that the interests of the child are | ||||||
16 | not adequately represented.
| ||||||
17 | Section 614. Admissibility of results of genetic testing; | ||||||
18 | expenses. | ||||||
19 | (a) If a child has a presumed, acknowledged, or adjudicated | ||||||
20 | father, the results of genetic testing are inadmissible to | ||||||
21 | adjudicate parentage unless performed:
| ||||||
22 | (1) with the consent of both the mother and the | ||||||
23 | presumed, acknowledged, or adjudicated father; or
| ||||||
24 | (2) pursuant to an order of the court under Section 402 |
| |||||||
| |||||||
1 | of this Act.
| ||||||
2 | (b) Copies of bills for genetic testing and for prenatal | ||||||
3 | and postnatal health care for the mother and child which are | ||||||
4 | furnished to the adverse party not less than 10 days before the | ||||||
5 | date of a hearing are admissible to establish:
| ||||||
6 | (1) the amount of the charges billed; and
| ||||||
7 | (2) that the charges were reasonable, necessary, and | ||||||
8 | customary.
| ||||||
9 | (c) Certified copies of the bills for costs incurred for | ||||||
10 | pregnancy and childbirth shall be admitted into evidence at | ||||||
11 | judicial or administrative proceedings without foundation | ||||||
12 | testimony or other proof of authenticity or accuracy. | ||||||
13 | Section 615. Consequences of declining genetic testing. | ||||||
14 | (a) An order for genetic testing is enforceable through a | ||||||
15 | proceeding for adjudication of contempt.
| ||||||
16 | (b) If an individual whose paternity is being determined | ||||||
17 | declines to submit to genetic testing ordered by the court or | ||||||
18 | administrative agency, the court or administrative agency may | ||||||
19 | adjudicate parentage contrary to the position of that | ||||||
20 | individual.
| ||||||
21 | (c) Genetic testing of the mother of a child is not a | ||||||
22 | condition precedent to genetically testing the child and a man | ||||||
23 | whose paternity is being determined. If the mother is | ||||||
24 | unavailable or declines to submit to genetic testing, the court | ||||||
25 | or administrative agency may order the genetic testing of the |
| |||||||
| |||||||
1 | child and every man whose paternity is being adjudicated.
| ||||||
2 | Section 616. 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 enter | ||||||
10 | an order adjudicating the child to be the child of the man | ||||||
11 | admitting paternity.
| ||||||
12 | Section 617. Rules for adjudication of paternity. The court | ||||||
13 | shall apply the following rules to adjudicate the paternity of | ||||||
14 | a child: | ||||||
15 | (a) The paternity of a child having an adjudicated father | ||||||
16 | may be disproved only by admissible results of genetic testing, | ||||||
17 | or other means, excluding that man as the father of the child | ||||||
18 | or identifying another man as the father of the child.
| ||||||
19 | (b) Unless the results of the genetic testing or other | ||||||
20 | evidence are admitted to rebut other results of genetic | ||||||
21 | testing, a man identified as the father of a child under | ||||||
22 | Section 404 of this Act must be adjudicated the father of the | ||||||
23 | child.
| ||||||
24 | (c) If the court finds under Section 404 of this Act that a |
| |||||||
| |||||||
1 | man is neither identified nor excluded as the father of a | ||||||
2 | child, the court may not dismiss the proceeding. In that event, | ||||||
3 | the results of the genetic testing and other evidence are | ||||||
4 | admissible to adjudicate the issue of paternity.
| ||||||
5 | (d) Unless the results of genetic testing are admitted to | ||||||
6 | rebut other results of genetic testing, a man excluded as the | ||||||
7 | father of a child by genetic testing must be adjudicated not to | ||||||
8 | be the father of the child.
| ||||||
9 | Section 618. Pre-trial proceedings. As soon as practicable | ||||||
10 | after an action
to declare the existence or non-existence of | ||||||
11 | the father and child relationship has been brought, and the | ||||||
12 | parties are at issue, the court may conduct a pre-trial | ||||||
13 | conference. | ||||||
14 | Section 619. Jury prohibited. Trial by jury is not | ||||||
15 | available under this Act. | ||||||
16 | Section 620. Order on default. The court may issue an order | ||||||
17 | adjudicating the parentage of a person who is in default after | ||||||
18 | service of process. | ||||||
19 | Section 621. Binding effect of determination of parentage. | ||||||
20 | (a) Except as otherwise provided in subsection (b) of this | ||||||
21 | Section, a determination of parentage is binding on:
| ||||||
22 | (1) all signatories to an acknowledgement or denial of |
| |||||||
| |||||||
1 | paternity as provided in Article 3 of this Act; and
| ||||||
2 | (2) all parties to an adjudication by a court acting | ||||||
3 | under circumstances that satisfy the jurisdictional | ||||||
4 | requirements of Section 201 of the Uniform Interstate | ||||||
5 | Family Support Act.
| ||||||
6 | (b) A child is not bound by a determination of parentage | ||||||
7 | under this Act unless:
| ||||||
8 | (1) the determination was based on an unrescinded | ||||||
9 | acknowledgment of paternity and the acknowledgement is | ||||||
10 | consistent with the results of genetic testing;
| ||||||
11 | (2) the adjudication of parentage was based on a | ||||||
12 | finding consistent with the results of genetic testing and | ||||||
13 | the consistency is declared in the determination or is | ||||||
14 | otherwise shown; or
| ||||||
15 | (3) the child was a party or was represented in the | ||||||
16 | proceeding determining parentage by a guardian ad litem.
| ||||||
17 | (c) In a proceeding for dissolution of marriage or civil | ||||||
18 | union, declaration of invalidity of marriage or civil union, or | ||||||
19 | legal separation, the court is deemed to have made an | ||||||
20 | adjudication of the parentage of a child if the court acts | ||||||
21 | under circumstances that satisfy the jurisdictional | ||||||
22 | requirements of Section 201 of the Uniform Interstate Family | ||||||
23 | Support Act, and the final order:
| ||||||
24 | (1) expressly identifies a child as a "child of the | ||||||
25 | marriage or civil union", "issue of the marriage or civil | ||||||
26 | union", or similar words indicating that the husband is the |
| |||||||
| |||||||
1 | father of the child or the party to the civil union is the | ||||||
2 | parent of the child; or
| ||||||
3 | (2) provides for support of the child by the husband or | ||||||
4 | party to the civil union, unless parentage is specifically | ||||||
5 | disclaimed in the order. | ||||||
6 | (d) Except as otherwise provided in subsection (b) of this | ||||||
7 | Section, a determination of parentage may be a defense in a | ||||||
8 | subsequent proceeding seeking to adjudicate parentage by an | ||||||
9 | individual who was not a party to the earlier proceeding.
| ||||||
10 | (e) A party to an adjudication of parentage may challenge | ||||||
11 | the adjudication only under the laws of this State relating to | ||||||
12 | appeal, vacation of judgments, or other judicial review.
| ||||||
13 | ARTICLE 7. CHILD OF ASSISTED REPRODUCTION | ||||||
14 | Section 701. Scope of Article. This Article does not apply | ||||||
15 | to the birth of a child conceived by means of sexual | ||||||
16 | intercourse or as a result of a gestational agreement as | ||||||
17 | provided in the Gestational Surrogacy Act. | ||||||
18 | Section 702. Parental status of donor. A donor is not a | ||||||
19 | parent of a child conceived by means of assisted reproduction. | ||||||
20 | The donor of sperm provided to a licensed physician for use in | ||||||
21 | artificial insemination of a woman other than the donor's | ||||||
22 | spouse or other party to his civil union shall be treated in | ||||||
23 | law as if he were not a parent of a child conceived by |
| |||||||
| |||||||
1 | artificial insemination. A woman who contributes an egg or eggs | ||||||
2 | for the purpose of in-vitro fertilization or implantation in a | ||||||
3 | woman other than herself or the other party to her civil union | ||||||
4 | shall be treated in law as if she were not a parent of a child | ||||||
5 | conceived by assisted reproduction. | ||||||
6 | Section 703. Parentage of a child of assisted reproduction. | ||||||
7 | A man who provides sperm for, or consents to, assisted | ||||||
8 | reproduction (including artificial insemination) by a woman as | ||||||
9 | provided in Section 704 with the intent to be the parent of her | ||||||
10 | child, is a parent of the resulting child. A woman who provides | ||||||
11 | an egg or eggs for, or consents to, assisted reproduction | ||||||
12 | (including in-vitro fertilization and implantation) by a woman | ||||||
13 | as provided in Section 704 with the intent to be the parent of | ||||||
14 | her child, is a parent of the resulting child. | ||||||
15 | Section 704. Consent to assisted reproduction. | ||||||
16 | (a) Consent by a husband or party to a civil union who | ||||||
17 | intends to be a parent of a child born to the spouse or other | ||||||
18 | party to a civil union by assisted reproduction must be in a | ||||||
19 | record signed by both spouses or both parties to the civil | ||||||
20 | union. This requirement does not apply to a donor, unless the | ||||||
21 | donor intends to be the parent. | ||||||
22 | (b) Failure to sign a consent required by subsection (a) of | ||||||
23 | this Section, before or after the birth of the child, does not | ||||||
24 | preclude a finding of parentage, if the married couple or |
| |||||||
| |||||||
1 | parties to a civil union, for the first 2 years of the child's | ||||||
2 | life, resided in a household with the child and openly held out | ||||||
3 | the child as their own during that time. | ||||||
4 | Section 705. Limitation of dispute of parentage. | ||||||
5 | (a) Any child born as the result of artificial insemination | ||||||
6 | shall be considered at law in all respects the same as a | ||||||
7 | naturally conceived child of the couple so requesting and | ||||||
8 | consenting to the use of artificial insemination.
| ||||||
9 | (b) If, under the supervision of a licensed physician and | ||||||
10 | with the consent of the other spouse or other party to the | ||||||
11 | civil union, a wife or party to the civil union is inseminated | ||||||
12 | artificially with sperm donated by a donor, the other spouse or | ||||||
13 | other party to the civil union shall be treated in law as if he | ||||||
14 | or she is the natural parent of the child thereby conceived. | ||||||
15 | The other spouse's or other party to the civil union's consent | ||||||
16 | must be in writing executed and acknowledged by both spouses or | ||||||
17 | both parties to the civil union. The physician who is to | ||||||
18 | perform the technique shall certify their signatures and the | ||||||
19 | date of the insemination, and file the other spouse's or other | ||||||
20 | party to the civil union's consent in the medical record where | ||||||
21 | it shall be kept confidential and held by the patient's | ||||||
22 | physician. However, the physician's failure to certify and file | ||||||
23 | the consent shall not affect the legal relationship between the | ||||||
24 | other spouse or other party to the civil union and the child. | ||||||
25 | All records pertaining to the insemination, whether part of the |
| |||||||
| |||||||
1 | permanent medical record held by the physician or not, are | ||||||
2 | subject to inspection only upon an order of the court or for | ||||||
3 | good cause shown. | ||||||
4 | (c) Except as otherwise provided in subsection (b) of this | ||||||
5 | Section, a spouse or party to a civil union whose wife or other | ||||||
6 | party to the civil union gives birth to a child by means of | ||||||
7 | assisted reproduction may not challenge parentage of the child | ||||||
8 | unless: | ||||||
9 | (1) within 2 years after learning of the birth of the | ||||||
10 | child, the spouse or party to the civil union commences a | ||||||
11 | proceeding to adjudicate parentage; and | ||||||
12 | (2) the court finds that the spouse or party to the | ||||||
13 | civil union did not consent to the assisted reproduction, | ||||||
14 | before or after birth of the child. | ||||||
15 | (d) A proceeding to adjudicate parentage may be maintained | ||||||
16 | at any time if the court determines that: | ||||||
17 | (1) the spouse or party to the civil union did not | ||||||
18 | provide sperm for, or before or after birth of the child | ||||||
19 | did not consent to, assisted reproduction by the wife or | ||||||
20 | other party to the civil union; | ||||||
21 | (2) the spouses or parties to the civil union have not | ||||||
22 | cohabitated since the probable time of assisted | ||||||
23 | reproduction; or | ||||||
24 | (3) the spouse or other party to the civil union never | ||||||
25 | openly held out the child as his or her own. | ||||||
26 | (e) The limitation provided in this Section applies to a |
| |||||||
| |||||||
1 | marriage or civil union declared invalid after assisted | ||||||
2 | reproduction. | ||||||
3 | Section 706. Effect of dissolution of marriage or civil | ||||||
4 | union or withdrawal of consent. | ||||||
5 | (a) If a marriage or civil union is dissolved or declared | ||||||
6 | invalid, or a judgment for legal separation is entered, before | ||||||
7 | implantation of existing eggs, sperm, embryo, or embryos, the | ||||||
8 | former spouse or party is not a parent of the resulting child | ||||||
9 | unless the former spouse or party consented and the judgment | ||||||
10 | provides that if assisted reproduction were to occur after | ||||||
11 | entry of such judgment, the former spouse or party would be a | ||||||
12 | parent of the child. | ||||||
13 | (b) Consent to assisted reproduction may be withdrawn by an | ||||||
14 | individual in a record upon giving proper notice to the other | ||||||
15 | party and the clinic or physician who was to perform the | ||||||
16 | technique, by certified mail return receipt requested, at any | ||||||
17 | time before implantation of the eggs, sperm, embryo, or | ||||||
18 | embryos. An individual who withdraws consent under this Section | ||||||
19 | is not a parent of the resulting child. | ||||||
20 | Section 707. Parental status of deceased individual. If an | ||||||
21 | individual does not consent in a record to be a parent by | ||||||
22 | assisted reproduction after death and dies before the | ||||||
23 | implantation of eggs, sperm, embryo, or embryos, the deceased | ||||||
24 | individual is not a parent of the resulting child. |
| |||||||
| |||||||
1 | ARTICLE 8. SUPPORT AND JUDGMENT | ||||||
2 | Section 801. Temporary child support orders. | ||||||
3 | (a) Notwithstanding any other law to the contrary, pending | ||||||
4 | the outcome of a judicial determination of parentage, the court | ||||||
5 | shall issue a temporary order for child support upon motion by | ||||||
6 | a party and a showing of clear and convincing evidence of | ||||||
7 | parentage. In determining the amount of the temporary child | ||||||
8 | support award, the court shall use the guidelines and standards | ||||||
9 | set forth in subsection (a) of Section 505 and in Section 505.2 | ||||||
10 | of the Illinois Marriage and Dissolution of Marriage Act. | ||||||
11 | (b) Any new or existing support order entered by the court | ||||||
12 | under this Section shall be deemed to be a series of judgments | ||||||
13 | against the person obligated to pay support thereunder, each | ||||||
14 | judgment to be in the amount of each payment or installment of | ||||||
15 | support and each judgment to be deemed entered as of the date | ||||||
16 | the corresponding payment or installment becomes due under the | ||||||
17 | terms of the support order. Each judgment shall have the full | ||||||
18 | force, effect, and attributes of any other judgment of this | ||||||
19 | State, including the ability to be enforced. A judgment under | ||||||
20 | this Section is subject to modification or termination only in | ||||||
21 | accordance with Section 510 of the Illinois Marriage and | ||||||
22 | Dissolution of Marriage Act. Notwithstanding any other state or | ||||||
23 | local law to the contrary, a lien arises by operation of law | ||||||
24 | against the real and personal property of the noncustodial |
| |||||||
| |||||||
1 | parent for each installment of overdue support owed by the | ||||||
2 | noncustodial parent. | ||||||
3 | (c) An order for support, when entered or modified, shall | ||||||
4 | include a provision requiring the non-custodial parent to | ||||||
5 | notify the court and, in cases in which a party is receiving | ||||||
6 | child support enforcement services under Article X of the | ||||||
7 | Illinois Public Aid Code, the Department of Healthcare and | ||||||
8 | Family Services, within 7 days: (i) of the name and address of | ||||||
9 | any new employer of the non-custodial parent; (ii) whether the | ||||||
10 | non-custodial parent has access to health insurance coverage | ||||||
11 | through the employer or other group coverage and, if so, of the | ||||||
12 | policy name and number and the names of persons covered under | ||||||
13 | the policy; and (iii) of any new residential or mailing address | ||||||
14 | or telephone number of the non-custodial parent. In any | ||||||
15 | subsequent action to enforce a support order, upon a sufficient | ||||||
16 | showing that a diligent effort has been made to ascertain the | ||||||
17 | location of the non-custodial parent, service of process or | ||||||
18 | provision of notice necessary in the case may be made at the | ||||||
19 | last known address of the non-custodial parent in any manner | ||||||
20 | expressly provided by this Act or the Code of Civil Procedure, | ||||||
21 | and shall be sufficient for purposes of due process. | ||||||
22 | (d) An order for support shall include a date on which the | ||||||
23 | current support obligation terminates. The termination date | ||||||
24 | shall be no earlier than the date on which the child covered by | ||||||
25 | the order will attain the age of 18. However, if the child will | ||||||
26 | not graduate from high school until after attaining the age of |
| |||||||
| |||||||
1 | 18, then the termination date shall be no earlier than the | ||||||
2 | earlier of the date on which the child's high school graduation | ||||||
3 | will occur or the date on which the child will attain the age | ||||||
4 | of 19. The order for support shall state that the termination | ||||||
5 | date does not apply to any arrearage that may remain unpaid on | ||||||
6 | that date. Nothing in this subsection shall be construed to | ||||||
7 | prevent the court from modifying the order or terminating the | ||||||
8 | order in the event the child is otherwise emancipated. | ||||||
9 | (e) If there is an unpaid arrearage or delinquency (as | ||||||
10 | those terms are defined in the Income Withholding for Support | ||||||
11 | Act) equal to at least one month's support obligation on the | ||||||
12 | termination date stated in the order for support or, if there | ||||||
13 | is no termination date stated in the order, on the date the | ||||||
14 | child attains the age of majority or is otherwise emancipated, | ||||||
15 | the periodic amount required to be paid for current support of | ||||||
16 | that child immediately prior to that date shall automatically | ||||||
17 | continue to be an obligation, not as current support but as | ||||||
18 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
19 | delinquency. The periodic payment shall be in addition to any | ||||||
20 | periodic payment previously required for satisfaction of the | ||||||
21 | arrearage or delinquency. The total periodic amount to be paid | ||||||
22 | toward satisfaction of the arrearage or delinquency may be | ||||||
23 | enforced and collected by any method provided by law for the | ||||||
24 | enforcement and collection of child support including, but not | ||||||
25 | limited to, income withholding under the Income Withholding for | ||||||
26 | Support Act. Each order for support entered or modified on or |
| |||||||
| |||||||
1 | after January 1, 2006 must contain a statement notifying the | ||||||
2 | parties of the requirements of this subsection. Failure to | ||||||
3 | include the statement in the order for support does not affect | ||||||
4 | the validity of the order or the operation of the provisions of | ||||||
5 | this subsection with regard to the order. This subsection shall | ||||||
6 | not be construed to prevent or affect the establishment or | ||||||
7 | modification of an order for the support of a minor child or | ||||||
8 | the establishment or modification of an order for the support | ||||||
9 | of a non-minor child or educational expenses under Section 513 | ||||||
10 | of the Illinois Marriage and Dissolution of Marriage Act. | ||||||
11 | (f) An order entered under this Section shall include a | ||||||
12 | provision requiring the obligor to report to the obligee and to | ||||||
13 | the clerk of the circuit court within 10 days each time the | ||||||
14 | obligor
obtains new employment, and each time the obligor's | ||||||
15 | employment is terminated for any reason. The report shall be in | ||||||
16 | writing and shall, in the case of new employment, include the | ||||||
17 | name and address of the new employer. Failure to report new | ||||||
18 | employment or the termination of current employment, if coupled | ||||||
19 | with nonpayment of support for a period in excess of 60 days, | ||||||
20 | is indirect criminal contempt. For an obligor arrested for | ||||||
21 | failure to report new employment, bond shall be set in the | ||||||
22 | amount of the child support that should have been paid during | ||||||
23 | the period of unreported employment. An order entered under | ||||||
24 | this Section shall also include a provision requiring the | ||||||
25 | obligor and obligee parents to advise each other of a change in | ||||||
26 | residence within 5 days of the change except when the court |
| |||||||
| |||||||
1 | finds that the physical, mental, or emotional health of a party | ||||||
2 | or that of a minor child, or both, would be seriously | ||||||
3 | endangered by disclosure of the party's address. | ||||||
4 | Section 802. Judgment. | ||||||
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. An order adjudicating parentage must identify the child | ||||||
8 | by name and date of birth. | ||||||
9 | The court may assess filing fees, reasonable attorney's | ||||||
10 | fees, fees for genetic testing, other costs, necessary travel | ||||||
11 | expenses, and other reasonable expenses incurred in a | ||||||
12 | proceeding under this Act. The court may award attorney's fees, | ||||||
13 | which may be paid directly to the attorney, who may enforce the | ||||||
14 | order in the attorney's own name. The court may not assess | ||||||
15 | fees, costs, or expenses against the support-enforcement | ||||||
16 | agency of this State or another state, except as provided by | ||||||
17 | other law. | ||||||
18 | The judgment shall contain or explicitly reserve | ||||||
19 | provisions concerning any duty and amount of child support and | ||||||
20 | may contain provisions concerning the custody and guardianship | ||||||
21 | of the child, parenting time privileges with the child, and the | ||||||
22 | furnishing of bond or other security for the payment of the | ||||||
23 | judgment, which the court shall determine in accordance with | ||||||
24 | the relevant factors set forth in the Illinois Marriage and | ||||||
25 | Dissolution of Marriage Act and any other applicable law of
|
| |||||||
| |||||||
1 | this State, to guide the court in a finding in the best | ||||||
2 | interests of the child. In determining custody, joint custody, | ||||||
3 | removal, parenting time, parenting time interference, support | ||||||
4 | for a non-minor disabled child, educational expenses for a | ||||||
5 | non-minor child, and related post-judgment issues, the court | ||||||
6 | shall apply the relevant standards of the Illinois Marriage and | ||||||
7 | Dissolution of Marriage Act. Specifically, in determining the | ||||||
8 | amount of a child support award, the court shall use the | ||||||
9 | guidelines and standards set forth in subsection (a) of Section | ||||||
10 | 505 and in Section 505.2 of the Illinois Marriage and | ||||||
11 | Dissolution of Marriage Act.
| ||||||
12 | (b) In an action brought within 2 years after a child's | ||||||
13 | birth, the judgment or order may direct either parent to pay | ||||||
14 | the reasonable expenses incurred by either parent or the | ||||||
15 | Department of Healthcare and Family Services related to the | ||||||
16 | mother's pregnancy and the delivery of the child. | ||||||
17 | (c) If a judgment of parentage contains no explicit award | ||||||
18 | of custody, the establishment of a child support obligation or | ||||||
19 | of parenting time rights in one parent shall be considered a | ||||||
20 | judgment granting custody to the other parent. If the parentage | ||||||
21 | judgment contains no such provisions, custody shall be presumed | ||||||
22 | to be with the mother; however, the presumption shall not apply | ||||||
23 | if the father has had physical custody for at least 6 months | ||||||
24 | prior to the date that the mother seeks to enforce custodial | ||||||
25 | rights. | ||||||
26 | (d) The court, if necessary to protect and promote the best |
| |||||||
| |||||||
1 | interests of the child, may set aside a portion of the | ||||||
2 | separately held estates of the parties in a separate fund or | ||||||
3 | trust for the support, education, physical and mental health, | ||||||
4 | and general welfare of a minor or mentally or physically | ||||||
5 | disabled child of the parties. | ||||||
6 | (e) The court shall order all child support payments, | ||||||
7 | determined in accordance with such guidelines, to commence with | ||||||
8 | the date summons is served. The level of current periodic | ||||||
9 | support payments shall not be reduced because of payments set | ||||||
10 | for the period prior to the date of entry of the support order. | ||||||
11 | The court may order child support payments to be made for a | ||||||
12 | period prior to the commencement of the action. In determining | ||||||
13 | whether and to what extent the payments shall be made for the | ||||||
14 | prior period, the court shall consider all relevant facts, | ||||||
15 | including but not limited to:
| ||||||
16 | (1) The factors for determining the amount of support | ||||||
17 | specified in the Illinois Marriage and Dissolution of | ||||||
18 | Marriage Act. | ||||||
19 | (2) The father's prior knowledge of the fact and | ||||||
20 | circumstances of the child's birth.
| ||||||
21 | (3) The father's prior willingness or refusal to help | ||||||
22 | raise or support the child.
| ||||||
23 | (4) The extent to which the mother or the public agency | ||||||
24 | bringing the action previously informed the father of the | ||||||
25 | child's needs or attempted to seek or require his help in | ||||||
26 | raising or supporting the child.
|
| |||||||
| |||||||
1 | (5) The reasons the mother or the public agency did not | ||||||
2 | file the action earlier.
| ||||||
3 | (6) The extent to which the father would be prejudiced | ||||||
4 | by the delay in bringing the action. | ||||||
5 | For purposes of determining the amount of child support to | ||||||
6 | be paid for the period before the date the order for current | ||||||
7 | child support is entered, there is a rebuttable presumption | ||||||
8 | that the father's net income for the prior period was the same | ||||||
9 | as his net income at the time the order for current child | ||||||
10 | support is entered. | ||||||
11 | If (i) the non-custodial parent was properly served with a | ||||||
12 | request for discovery of financial information relating to the | ||||||
13 | non-custodial parent's ability to provide child support; (ii) | ||||||
14 | the non-custodial parent failed to comply with the request, | ||||||
15 | despite having been ordered to do so by the court; and (iii) | ||||||
16 | the non-custodial parent is not present at the hearing to | ||||||
17 | determine support despite having received proper notice, then | ||||||
18 | any relevant financial information concerning the | ||||||
19 | non-custodial parent's ability to provide child support that | ||||||
20 | was obtained pursuant to subpoena and proper notice shall be | ||||||
21 | admitted into evidence without the need to establish any | ||||||
22 | further foundation for its admission.
| ||||||
23 | (f) A new or existing support order entered by the court | ||||||
24 | under this Section shall be deemed to be a series of judgments | ||||||
25 | against the person obligated to pay support thereunder, each | ||||||
26 | judgment to be in the amount of each payment or installment of |
| |||||||
| |||||||
1 | support and each judgment to be deemed entered as of the date | ||||||
2 | the corresponding payment or installment becomes due under the | ||||||
3 | terms of the support order. Each judgment shall have the full | ||||||
4 | force, effect, and attributes of any other judgment of this | ||||||
5 | State, including the ability to be enforced. A judgment under | ||||||
6 | this Section is subject to modification or termination only in | ||||||
7 | accordance with Section 510 of the Illinois Marriage and | ||||||
8 | Dissolution of Marriage Act. Notwithstanding any State or local | ||||||
9 | law to the contrary, a lien arises by operation of law against | ||||||
10 | the real and personal property of the noncustodial parent for | ||||||
11 | each installment of overdue support owed by the noncustodial | ||||||
12 | parent.
| ||||||
13 | (g) If the judgment or order of the court is at variance | ||||||
14 | with the child's birth certificate, the court shall order that | ||||||
15 | a new birth certificate be issued under the Vital Records Act.
| ||||||
16 | (h) Upon the request of the mother and the father, the | ||||||
17 | court shall order a change in the child's name.
| ||||||
18 | (i) After hearing evidence, the court may stay payment of | ||||||
19 | support during the period of the father's minority or period of | ||||||
20 | disability.
| ||||||
21 | (j) If, upon a showing of proper service, the father fails | ||||||
22 | to appear in court or otherwise appear as provided by law, the | ||||||
23 | court may proceed to hear the cause upon testimony of the | ||||||
24 | mother or other parties taken in open court and shall enter a | ||||||
25 | judgment by default. The court may reserve any order as to the | ||||||
26 | amount of child support until the father has received notice, |
| |||||||
| |||||||
1 | by regular mail, of a hearing on the matter.
| ||||||
2 | (k) An order for support, when entered or modified, shall | ||||||
3 | include a provision requiring the non-custodial parent to | ||||||
4 | notify the court and, in cases in which a party is receiving | ||||||
5 | child support enforcement services under Article X of the | ||||||
6 | Illinois Public Aid Code, the Department of Healthcare and | ||||||
7 | Family Services, within 7 days: (i) of the name and address of | ||||||
8 | any new employer of the non-custodial parent; (ii) whether the | ||||||
9 | non-custodial parent has access to health insurance coverage | ||||||
10 | through the employer or other group coverage and, if so, of the | ||||||
11 | policy name and number and the names of persons covered under | ||||||
12 | the policy; and (iii) of any new residential or mailing address | ||||||
13 | or telephone number of the non-custodial parent. In a | ||||||
14 | subsequent action to enforce a support order, upon a sufficient | ||||||
15 | showing that a diligent effort has been made to ascertain the | ||||||
16 | location of the non-custodial parent, service of process or | ||||||
17 | provision of notice necessary in the case may be made at the | ||||||
18 | last known address of the non-custodial parent in any manner | ||||||
19 | expressly provided by this Act or the Code of Civil Procedure, | ||||||
20 | and shall be sufficient for purposes of due process.
| ||||||
21 | (l) An order for support shall include a date on which the | ||||||
22 | current support obligation terminates. The termination date | ||||||
23 | shall be no earlier than the date on which the child covered by | ||||||
24 | the order will attain the age of 18. However, if the child will | ||||||
25 | not graduate from high school until after attaining the age of | ||||||
26 | 18, then the termination date shall be no earlier than the |
| |||||||
| |||||||
1 | earlier of the date on which the child's high school graduation | ||||||
2 | will occur or the date on which the child will attain the age | ||||||
3 | of 19. The order for support shall state that the termination | ||||||
4 | date does not apply to any arrearage that may remain unpaid on | ||||||
5 | that date. Nothing in this subsection shall be construed to | ||||||
6 | prevent the court from modifying the order or terminating the | ||||||
7 | order in the event the child is otherwise emancipated.
| ||||||
8 | (m) If there is an unpaid arrearage or delinquency (as | ||||||
9 | those terms are defined in the Income Withholding for Support | ||||||
10 | Act) equal to at least one month's support obligation on the | ||||||
11 | termination date stated in the order for support or, if there | ||||||
12 | is no termination date stated in the order, on the date the | ||||||
13 | child attains the age of majority or is otherwise emancipated, | ||||||
14 | the periodic amount required to be paid for current support of | ||||||
15 | that child immediately prior to that date shall automatically | ||||||
16 | continue to be an obligation, not as current support but as | ||||||
17 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
18 | delinquency. The periodic payment shall be in addition to any | ||||||
19 | periodic payment previously required for satisfaction of the | ||||||
20 | arrearage or delinquency. The total periodic amount to be paid | ||||||
21 | toward satisfaction of the arrearage or delinquency may be | ||||||
22 | enforced and collected by any method provided by law for | ||||||
23 | enforcement and collection of child support, including but not | ||||||
24 | limited to income withholding under the Income Withholding for
| ||||||
25 | Support Act. Each order for support entered or modified on or | ||||||
26 | after January 1, 2005 must contain a statement notifying the |
| |||||||
| |||||||
1 | parties of the requirements of this subsection. Failure to | ||||||
2 | include the statement in the order for support does not affect | ||||||
3 | the validity of the order or the operation of the provisions of | ||||||
4 | this subsection with regard to the order. This subsection shall | ||||||
5 | not be construed to prevent or affect the establishment or | ||||||
6 | modification of an order for support of a minor child or the | ||||||
7 | establishment or modification of an order for support of a | ||||||
8 | non-minor child or educational expenses under Section 513 of | ||||||
9 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
10 | (n) An order entered under this Section shall include a | ||||||
11 | provision requiring the obligor to report to the obligee and to | ||||||
12 | the clerk of court within 10 days each time the obligor obtains | ||||||
13 | new employment, and each time the obligor's employment is | ||||||
14 | terminated for any reason. The report shall be in writing and | ||||||
15 | shall, in the case of new employment, include the name and | ||||||
16 | address of the new employer. Failure to report new employment | ||||||
17 | or the termination of current employment, if coupled with | ||||||
18 | nonpayment of support for a period in excess of 60 days, is | ||||||
19 | indirect criminal contempt. For an obligor arrested for failure | ||||||
20 | to report new employment bond shall be set in the amount of the | ||||||
21 | child support that should have been paid during the period of | ||||||
22 | unreported employment. An order entered under this Section | ||||||
23 | shall also include a provision requiring the obligor and | ||||||
24 | obligee parents to advise each other of a change in residence | ||||||
25 | within 5 days of the change except when the court finds that | ||||||
26 | the physical, mental, or emotional health of a party or that of |
| |||||||
| |||||||
1 | a minor child, or both, would be seriously endangered by | ||||||
2 | disclosure of the party's address.
| ||||||
3 | Section 803. Information to State Case Registry. | ||||||
4 | (a) In this Section: | ||||||
5 | "Order for support", "obligor", "obligee", and "business | ||||||
6 | day" are defined as set forth in the Income Withholding for | ||||||
7 | Support Act. | ||||||
8 | "State Case Registry" means the State Case Registry | ||||||
9 | established under Section 10-27 of the Illinois Public Aid | ||||||
10 | Code.
| ||||||
11 | (b) Each order for support entered or modified by the | ||||||
12 | circuit court under this Act shall require that the obligor and | ||||||
13 | obligee file with the clerk of the circuit court (i) the | ||||||
14 | information required by this Section (and any other information | ||||||
15 | required under Title IV, Part D of the Social Security Act or | ||||||
16 | by the federal Department of Health and Human Services) at the | ||||||
17 | time of entry or modification of the order for support; and | ||||||
18 | (ii) updated information within 5 business days of any change. | ||||||
19 | Failure of the obligor or obligee to file or update the | ||||||
20 | required information shall be punishable as in cases of | ||||||
21 | contempt. The failure shall not prevent the court from entering | ||||||
22 | or modifying the order for support, however.
| ||||||
23 | (c) The obligor shall file the following information: the | ||||||
24 | obligor's name, date of birth, social security number, and | ||||||
25 | mailing address. If either the obligor or the obligee receives |
| |||||||
| |||||||
1 | child support enforcement services from the Department of | ||||||
2 | Healthcare and Family Services under Article X of the Illinois | ||||||
3 | Public Aid Code, the obligor shall also file the following | ||||||
4 | information: the obligor's telephone number, driver's license | ||||||
5 | number, residential address (if different from the obligor's | ||||||
6 | mailing address), and the name, address, and telephone number | ||||||
7 | of the obligor's employer or employers.
| ||||||
8 | (d) The obligee shall file the following information:
| ||||||
9 | (1) The names of the obligee and the child or children | ||||||
10 | covered by the order for support.
| ||||||
11 | (2) The dates of birth of the obligee and the child or | ||||||
12 | children covered by the order for support.
| ||||||
13 | (3) The social security numbers of the obligee and the | ||||||
14 | child or children covered by the order for support.
| ||||||
15 | (4) The obligee's mailing address.
| ||||||
16 | (e) In cases in which the obligee receives child support | ||||||
17 | enforcement services from the Department of Healthcare and | ||||||
18 | Family Services under Article X of the Illinois Public Aid | ||||||
19 | Code, the order for support shall (i) require that the obligee | ||||||
20 | file the information required under subsection (d) with the | ||||||
21 | Department of Healthcare and Family Services for inclusion in | ||||||
22 | the State Case Registry, rather than file the information with | ||||||
23 | the clerk, and (ii) require that the obligee include the | ||||||
24 | following additional information:
| ||||||
25 | (1) The obligee's telephone and driver's license | ||||||
26 | numbers.
|
| |||||||
| |||||||
1 | (2) The obligee's residential address, if different | ||||||
2 | from the obligee's mailing address.
| ||||||
3 | (3) The name, address, and telephone number of the | ||||||
4 | obligee's employer or employers. | ||||||
5 | The order for support shall also require that the obligee | ||||||
6 | update the information filed with the Department of Healthcare | ||||||
7 | and Family Services within 5 business days of any change.
| ||||||
8 | (f) The clerk of the circuit court shall provide the | ||||||
9 | information filed under this Section, together with the court | ||||||
10 | docket number and county in which the order for support was | ||||||
11 | entered, to the State Case Registry within 5 business days | ||||||
12 | after receipt of the information.
| ||||||
13 | (g) In a case in which a party is receiving child support | ||||||
14 | enforcement services under Article X of the Illinois Public Aid | ||||||
15 | Code, the clerk of the circuit court shall provide the | ||||||
16 | following additional information to the State Case Registry | ||||||
17 | within 5 business days after entry or modification of an order | ||||||
18 | for support or request from the Department of Healthcare and | ||||||
19 | Family Services:
| ||||||
20 | (1) the amount of monthly or other periodic support | ||||||
21 | owed under the order for support and other amounts, | ||||||
22 | including arrearage, interest, or late payment penalties | ||||||
23 | and fees, due or overdue under the order; and | ||||||
24 | (2) any amounts that have been received by the clerk, | ||||||
25 | and the distribution of those amounts by the clerk.
| ||||||
26 | (h) Information filed by the obligor and obligee under this |
| |||||||
| |||||||
1 | Section that is not specifically required to be included in the | ||||||
2 | body of an order for support under other laws is not a public | ||||||
3 | record and shall be treated as confidential and subject to | ||||||
4 | disclosure only in accordance with the provisions of this | ||||||
5 | Section, Section 10-27 of the Illinois Public Aid Code, and | ||||||
6 | Title IV, Part D of the Social Security Act.
| ||||||
7 | Section 804. Information to locate putative fathers and | ||||||
8 | noncustodial parents. | ||||||
9 | (a) Upon request by a public office, employers, labor | ||||||
10 | unions, and telephone companies shall provide location | ||||||
11 | information concerning putative fathers and noncustodial | ||||||
12 | parents for the purpose of establishing the parentage of a | ||||||
13 | child or establishing, enforcing, or modifying a child support | ||||||
14 | obligation. As used in this Section, the term "public office" | ||||||
15 | is defined as set forth in the Income Withholding for Support | ||||||
16 | Act, and "location information" means information about (i) the | ||||||
17 | physical whereabouts of a putative father or noncustodial | ||||||
18 | parent; (ii) the employer of the putative father or | ||||||
19 | noncustodial parent; or (iii) the salary, wages, and other | ||||||
20 | compensation paid and the health insurance coverage provided to | ||||||
21 | the putative father or noncustodial parent by the employer of | ||||||
22 | the putative father or noncustodial parent or by a labor union | ||||||
23 | of which the putative father or noncustodial parent is a | ||||||
24 | member. An employer, labor union, or telephone company shall | ||||||
25 | respond to the request of the public office within 15 days |
| |||||||
| |||||||
1 | after receiving the request. An employer, labor union, or | ||||||
2 | telephone company that willfully fails to fully respond within | ||||||
3 | the 15-day period shall be subject to a penalty of $100 for | ||||||
4 | each day that the response is not provided to the public office | ||||||
5 | after the 15-day period has expired. The penalty may be | ||||||
6 | collected in a civil action, which may be brought against the | ||||||
7 | employer, labor union, or telephone company in favor of the | ||||||
8 | public office.
| ||||||
9 | (b) Upon being served with a subpoena (including an | ||||||
10 | administrative subpoena as authorized by law), a utility | ||||||
11 | company or cable television company must provide location | ||||||
12 | information to a public office for the purpose of establishing | ||||||
13 | the parentage of a child or establishing, enforcing, or | ||||||
14 | modifying a child support obligation.
| ||||||
15 | (c) Notwithstanding the provisions of any other State or | ||||||
16 | local law to the contrary, an employer, labor union, telephone | ||||||
17 | company, utility company, or cable television company shall not | ||||||
18 | be liable to any person for disclosure of location information | ||||||
19 | under the requirements of this Section, except for willful and | ||||||
20 | wanton misconduct.
| ||||||
21 | Section 805. Enforcement of judgment or order. | ||||||
22 | (a) If the existence of the parent-child relationship is | ||||||
23 | declared, or if parentage or a duty of support has been | ||||||
24 | established under this Act or under prior law or under the law | ||||||
25 | of any other jurisdiction, the judgment rendered thereunder may |
| |||||||
| |||||||
1 | be enforced in the same or in other proceedings by any party or | ||||||
2 | any person or agency that has furnished or may furnish | ||||||
3 | financial assistance or services to the child. The Income | ||||||
4 | Withholding for Support Act and Sections 802 and 808 of this | ||||||
5 | Act shall also be applicable with respect to the entry, | ||||||
6 | modification, and enforcement of a support judgment entered | ||||||
7 | under the Paternity Act, approved July 5, 1957 and repealed | ||||||
8 | July 1, 1985.
| ||||||
9 | (b) Failure to comply with an order of the court shall be | ||||||
10 | punishable as contempt as in other cases of failure to comply | ||||||
11 | under the Illinois Marriage and Dissolution of Marriage Act. In | ||||||
12 | addition to other penalties provided by law, the court may, | ||||||
13 | after finding the party guilty of contempt, take the following | ||||||
14 | action:
| ||||||
15 | (1) Order that the party be placed on probation with | ||||||
16 | such conditions of
probation as the court deems advisable. | ||||||
17 | (2) Order that the party be sentenced to periodic | ||||||
18 | imprisonment for a period not to exceed 6 months. However, | ||||||
19 | the court may permit the party to be released for periods | ||||||
20 | of time during the day or night to work, conduct business, | ||||||
21 | or engage in other self-employed occupation. The court may | ||||||
22 | further order any part of all the earnings of a party | ||||||
23 | during a sentence of periodic imprisonment to be paid to | ||||||
24 | the clerk of the circuit court or to the person or parent | ||||||
25 | having custody of the minor child for the support of the | ||||||
26 | child until further order of the court.
|
| |||||||
| |||||||
1 | (3) Pierce the ownership veil of a person, persons, or | ||||||
2 | business entity to discover assets of a non-custodial | ||||||
3 | parent held in the name of that person, those persons, or | ||||||
4 | that business entity, if there is a unity of interest and | ||||||
5 | ownership sufficient to render no financial separation | ||||||
6 | between the non-custodial parent and that person, those | ||||||
7 | persons, or the business entity. The following | ||||||
8 | circumstances are sufficient for a court to order discovery | ||||||
9 | of the assets of a person, persons, or business entity and | ||||||
10 | to compel the application of any discovered assets toward | ||||||
11 | payment of the judgment for support:
| ||||||
12 | (A) the non-custodial parent and the person, | ||||||
13 | persons, or business entity maintain records together.
| ||||||
14 | (B) the non-custodial parent and the person, | ||||||
15 | persons, or business entity fail to maintain an arms | ||||||
16 | length relationship between themselves with regard to | ||||||
17 | any assets.
| ||||||
18 | (C) the non-custodial parent transfers assets to | ||||||
19 | the person, persons, or business entity with the intent | ||||||
20 | to perpetrate a fraud on the custodial parent.
With | ||||||
21 | respect to assets which are real property, no order | ||||||
22 | entered under this subdivision (3) shall affect the | ||||||
23 | rights of bona fide purchasers, mortgagees, judgment | ||||||
24 | creditors, or other lien holders who acquire their | ||||||
25 | interests in the property prior to the time a notice of | ||||||
26 | lis pendens under the Code of Civil Procedure or a copy |
| |||||||
| |||||||
1 | of the order is placed of record in the office of the | ||||||
2 | recorder of deeds for the county in which the real | ||||||
3 | property is located.
| ||||||
4 | (4) Order that, in cases where the party is 90 days or | ||||||
5 | more delinquent in payment of support or has been | ||||||
6 | adjudicated in arrears in an amount equal to 90 days | ||||||
7 | obligation or more, the party's Illinois driving | ||||||
8 | privileges be suspended until the court determines that the | ||||||
9 | party is in compliance with the judgment or duty of | ||||||
10 | support. The court may also order that the parent be issued | ||||||
11 | a family financial responsibility driving permit that | ||||||
12 | would allow limited driving privileges for employment and | ||||||
13 | medical purposes in accordance with Section 7-702.1 of the | ||||||
14 | Illinois Vehicle Code. The clerk of the circuit court shall | ||||||
15 | certify the order suspending the driving privileges of the | ||||||
16 | parent or granting the issuance of a family financial | ||||||
17 | responsibility driving permit to the Secretary of State on | ||||||
18 | forms prescribed by the Secretary. Upon receipt of the | ||||||
19 | authenticated documents, the Secretary of State shall | ||||||
20 | suspend the party's driving privileges until further order | ||||||
21 | of the court and shall, if ordered by the court and subject | ||||||
22 | to the provisions of Section 7-702.1 of the Illinois | ||||||
23 | Vehicle Code, issue a family financial responsibility | ||||||
24 | driving permit to the parent.
| ||||||
25 | In addition to the penalties or punishment that may be | ||||||
26 | imposed under this Section, a person whose conduct constitutes |
| |||||||
| |||||||
1 | a violation of Section 15 of the Non-Support Punishment Act may | ||||||
2 | be prosecuted under that Act, and a person convicted under that | ||||||
3 | Act may be sentenced in accordance with that Act. The sentence | ||||||
4 | may include, but need not be limited to, a requirement that the | ||||||
5 | person perform community service under Section 50 of that Act | ||||||
6 | or participate in a work alternative program under Section 50 | ||||||
7 | of that Act. A person may not be required to participate in a | ||||||
8 | work alternative program under Section 50 of the Non-Support | ||||||
9 | Punishment Act if the person is currently participating in a | ||||||
10 | work program under Section 806 of this Act.
| ||||||
11 | (c) In a post-judgment proceeding to enforce or modify the | ||||||
12 | judgment, the parties shall continue to be designated as in the | ||||||
13 | original proceeding.
| ||||||
14 | Section 806. Unemployment of person owing duty of support. | ||||||
15 | (a) Whenever it is determined in a proceeding to establish | ||||||
16 | or enforce a child support obligation that the person owing a | ||||||
17 | duty of support is unemployed, the court may order the person | ||||||
18 | to seek employment and report periodically to the court with a | ||||||
19 | diary, listing, or other memorandum of his or her efforts to | ||||||
20 | seek employment in accordance with the order. Additionally, the | ||||||
21 | court may order the unemployed person to report to the | ||||||
22 | Department of Employment Security for job search services and | ||||||
23 | to participate in job training or work programs. When the duty | ||||||
24 | of support is owed to a child receiving child support | ||||||
25 | enforcement services under Article X of the Illinois Public Aid |
| |||||||
| |||||||
1 | Code, the court may order the unemployed person to report to | ||||||
2 | the Department of Healthcare and Family Services for | ||||||
3 | participation in job search, training, or work programs | ||||||
4 | established under Section 9-6 and Article IXA of that Code.
| ||||||
5 | (b) Whenever it is determined that a person owes past-due | ||||||
6 | support for a child, and the child is receiving assistance | ||||||
7 | under the Illinois Public Aid Code, the court shall, at the | ||||||
8 | request of the Department of Healthcare and Family Services, | ||||||
9 | order the following:
| ||||||
10 | (1) that the person pay the past-due support in | ||||||
11 | accordance with a payment plan approved by the court; or
| ||||||
12 | (2) if the person owing past-due support is unemployed, | ||||||
13 | is subject to a payment plan, and is not incapacitated, | ||||||
14 | that the person participate in job search, training, or | ||||||
15 | work programs established under Section 9-6 and Article IXA | ||||||
16 | of the Illinois Public Aid Code as the court deems | ||||||
17 | appropriate.
| ||||||
18 | Section 807. Order of protection; status. Whenever relief | ||||||
19 | is sought under this Act, the court, before granting relief, | ||||||
20 | shall determine whether an order of protection has previously | ||||||
21 | been entered in the instant proceeding or any other proceeding | ||||||
22 | in which any party, or a child of any party, or both, if | ||||||
23 | relevant, has been designated as either a respondent or a | ||||||
24 | protected person. |
| |||||||
| |||||||
1 | Section 808. Modification of judgment. The court has | ||||||
2 | continuing jurisdiction to modify an order for support, | ||||||
3 | custody, parenting time, or removal included in a judgment | ||||||
4 | entered under this Act. Any custody, parenting time, or removal | ||||||
5 | judgment modification shall be in accordance with the relevant | ||||||
6 | factors specified in the Illinois Marriage and Dissolution of | ||||||
7 | Marriage Act. Any support judgment is subject to modification | ||||||
8 | or termination only in accordance with Section 510 of the | ||||||
9 | Illinois Marriage and Dissolution of Marriage Act. | ||||||
10 | Section 809. Right to counsel. | ||||||
11 | (a) Any party may be represented by counsel at all | ||||||
12 | proceedings under this Act. Except as otherwise provided in | ||||||
13 | this Act, the court may order, in accordance with the relevant | ||||||
14 | factors specified in Section 508 of the Illinois Marriage and | ||||||
15 | Dissolution of Marriage Act, reasonable fees of counsel, | ||||||
16 | experts, and other costs of the action, pre-trial proceedings, | ||||||
17 | post-judgment proceedings to enforce or modify the judgment, | ||||||
18 | and the appeal or the defense of an appeal of the judgment to | ||||||
19 | be paid by the parties. The court may not order payment by the | ||||||
20 | Department of Healthcare and Family Services in cases in which | ||||||
21 | the Department is providing child support enforcement services | ||||||
22 | under Article X of the Illinois Public Aid Code.
| ||||||
23 | (b) In any proceedings involving the support, custody, | ||||||
24 | parenting time, education, parentage, property interest, or | ||||||
25 | general welfare of a minor or dependent child, the court may, |
| |||||||
| |||||||
1 | on its own motion or that of any party, appoint an attorney to | ||||||
2 | serve in one of the capacities specified in Section 506 of the | ||||||
3 | Illinois Marriage and Dissolution of Marriage Act.
| ||||||
4 | Section 810. Withholding of income to secure payment of | ||||||
5 | support. Orders for support entered under this Act are subject | ||||||
6 | to the Income Withholding for Support Act. | ||||||
7 | Section 811. Information concerning obligors. | ||||||
8 | (a) In this Section: | ||||||
9 | "Arrearage", "delinquency", "obligor", and "order for | ||||||
10 | support" have the meanings attributed to those terms in the | ||||||
11 | Income Withholding for Support Act. | ||||||
12 | "Consumer reporting agency" has the meaning attributed to | ||||||
13 | that term in Section 603(f) of the Fair Credit Reporting Act, | ||||||
14 | 15 U.S.C. 1681a(f).
| ||||||
15 | (b) Whenever a court of competent jurisdiction finds that | ||||||
16 | an obligor either owes an arrearage of more than $10,000 or is | ||||||
17 | delinquent in payment of an amount equal to at least 3 months' | ||||||
18 | support obligation pursuant to an order for support, the court | ||||||
19 | shall direct the clerk of the circuit court to make information | ||||||
20 | concerning the obligor available to consumer reporting | ||||||
21 | agencies.
| ||||||
22 | (c) Whenever a court of competent jurisdiction finds that | ||||||
23 | an obligor either owes an arrearage of more than $10,000 or is | ||||||
24 | delinquent in payment of an amount equal to at least 3 months' |
| |||||||
| |||||||
1 | support obligation pursuant to an order for support, the court | ||||||
2 | shall direct the clerk of the circuit court to cause the | ||||||
3 | obligor's name and address to be published in a newspaper of | ||||||
4 | general circulation in the area in which the obligor resides. | ||||||
5 | The clerk of the circuit court shall cause the obligor's name | ||||||
6 | and address to be published only after sending to the obligor | ||||||
7 | at the obligor's last known address, by certified mail, return | ||||||
8 | receipt requested, a notice of intent to publish the | ||||||
9 | information. This subsection (c) applies only if the obligor | ||||||
10 | resides in the county in which the clerk of the circuit court | ||||||
11 | holds office.
| ||||||
12 | Section 812. Interest on support obligations. A support | ||||||
13 | obligation, or any portion of a support obligation, which | ||||||
14 | becomes due and remains unpaid as of the end of each month, | ||||||
15 | excluding the child support that was due for that month to the | ||||||
16 | extent that it was not paid in that month, shall accrue simple | ||||||
17 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
18 | Procedure. An order for support shall contain a statement that | ||||||
19 | a support obligation required under the order, or any portion | ||||||
20 | of a support obligation required under the order, that becomes | ||||||
21 | due and remains unpaid as of the end of each month, excluding | ||||||
22 | the child support that was due for that month to the extent | ||||||
23 | that it was not paid in that month, shall accrue simple | ||||||
24 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
25 | Procedure. Failure to include the statement in the order for |
| |||||||
| |||||||
1 | support does not affect the validity of the order or the | ||||||
2 | accrual of interest as provided in this Section. | ||||||
3 | Section 813. Support payments; receiving and disbursing | ||||||
4 | agents. | ||||||
5 | (a) In an action filed in a county with less than 3,000,000 | ||||||
6 | inhabitants in which an order for child support is entered, and | ||||||
7 | in supplementary proceedings to enforce or vary the terms of | ||||||
8 | the order arising out of an action filed in such a county, the | ||||||
9 | court, except in actions or supplementary proceedings in which | ||||||
10 | the pregnancy and delivery expenses of the mother or the child | ||||||
11 | support payments are for a recipient of aid under the Illinois | ||||||
12 | Public Aid Code, shall direct that child support payments be | ||||||
13 | made to the clerk of the circuit court, unless in the | ||||||
14 | discretion of the court exceptional circumstances warrant | ||||||
15 | otherwise. In cases where payment is to be made to persons | ||||||
16 | other than the clerk of the circuit court, the judgment or | ||||||
17 | order of support shall set forth the facts of the exceptional | ||||||
18 | circumstances.
| ||||||
19 | (b) In an action filed in a county of 3,000,000 or more | ||||||
20 | inhabitants in which an order for child support is entered, and | ||||||
21 | in supplementary proceedings to enforce or vary the terms of | ||||||
22 | the order arising out of an action filed in such a county, the | ||||||
23 | court, except in actions or supplementary proceedings in which | ||||||
24 | the pregnancy and delivery expenses of the mother or the child | ||||||
25 | support payments are for a recipient of aid under the Illinois |
| |||||||
| |||||||
1 | Public Aid Code, shall direct that child support payments be | ||||||
2 | made either to the clerk of the circuit court or to the Court | ||||||
3 | Service Division of the Department of Human Services local | ||||||
4 | office or offices or its successor or to the Department of | ||||||
5 | Healthcare and Family Services, unless in the discretion of the | ||||||
6 | court exceptional circumstances warrant otherwise. In cases | ||||||
7 | where payment is to be made to persons other than the clerk of | ||||||
8 | the circuit court, the Court Service Division of the Department | ||||||
9 | of Human Services local office or offices or its successor, or | ||||||
10 | the Department of Healthcare and Family Services, the judgment | ||||||
11 | or order of support shall set forth the facts of the | ||||||
12 | exceptional circumstances.
| ||||||
13 | (c) When the action or supplementary proceeding is on | ||||||
14 | behalf of a mother for pregnancy and delivery expenses or for | ||||||
15 | child support, or both, and the mother, child, or both, are | ||||||
16 | recipients of aid under the Illinois Public Aid Code, the court | ||||||
17 | shall order that the payments be made directly to (1) the | ||||||
18 | Department of Healthcare and Family Services, if the mother or | ||||||
19 | child, or both, are recipients under Article IV or V of the | ||||||
20 | Illinois Public Aid Code; or (2) the local governmental unit | ||||||
21 | responsible for the support of the mother or child, or both, if | ||||||
22 | they are recipients under Article VI or VII of the Illinois | ||||||
23 | Public Aid Code. In accordance with federal law and | ||||||
24 | regulations, the Department of Healthcare and Family Services | ||||||
25 | may continue to collect current maintenance payments or child | ||||||
26 | support payments, or both, after those persons cease to receive |
| |||||||
| |||||||
1 | public assistance and until termination of services under | ||||||
2 | Article X of the Illinois Public Aid Code. The Department of | ||||||
3 | Healthcare and Family Services shall pay the net amount | ||||||
4 | collected to those persons after deducting any costs incurred | ||||||
5 | in making the collection or any collection fee from the amount | ||||||
6 | of any recovery made. The Department of Healthcare and Family | ||||||
7 | Services or the local governmental unit, as the case may be, | ||||||
8 | may direct that payments be made directly to the mother of the | ||||||
9 | child, or to some other person or agency on the child's behalf, | ||||||
10 | upon the removal of the mother and child from the public aid | ||||||
11 | rolls or upon termination of services under Article X of the | ||||||
12 | Illinois Public Aid Code; upon such direction, the Department | ||||||
13 | of Healthcare and Family Services or the local governmental | ||||||
14 | unit shall give notice of the action to the court in writing or | ||||||
15 | by electronic transmission.
| ||||||
16 | (d) All clerks of the circuit court and the Court Service | ||||||
17 | Division of the Department of Human Services local office or | ||||||
18 | offices or its successor and the Department of Healthcare and | ||||||
19 | Family Services, receiving child support payments under | ||||||
20 | subsection (a) or (b) shall disburse the payments to the person | ||||||
21 | or persons entitled to the payments under the terms of the | ||||||
22 | order. The entity disbursing the payments shall establish and | ||||||
23 | maintain clear and current records of all moneys received and | ||||||
24 | disbursed and of defaults and delinquencies in required | ||||||
25 | payments. The court, by order or rule, shall make provision for | ||||||
26 | the carrying out of these duties. Payments under this Section |
| |||||||
| |||||||
1 | to the Department of Healthcare and Family Services made | ||||||
2 | pursuant to the Child Support Enforcement Program established | ||||||
3 | by Title IV-D of the Social Security Act shall be paid into the | ||||||
4 | Child Support Enforcement Trust Fund. All payments under this | ||||||
5 | Section to the Illinois Department of Human Services shall be | ||||||
6 | deposited in the DHS Recoveries Trust Fund. Disbursement from | ||||||
7 | these funds shall be as provided in the Illinois Public Aid | ||||||
8 | Code. Payments received by a local governmental unit shall be | ||||||
9 | deposited in that unit's General Assistance Fund.
| ||||||
10 | (e) The moneys received by persons or agencies designated | ||||||
11 | by the court shall be disbursed by them in accordance with the | ||||||
12 | order. However, the court, on petition of the State's Attorney, | ||||||
13 | may enter new orders designating the clerk of the circuit court | ||||||
14 | or the Department of Healthcare and Family Services as the | ||||||
15 | person or agency authorized to receive and disburse child | ||||||
16 | support payments and, in the case of a recipient of public aid, | ||||||
17 | the court, on petition of the Attorney General or State's | ||||||
18 | Attorney, shall direct subsequent payments to be paid to the | ||||||
19 | Department of Healthcare and Family Services or to the | ||||||
20 | appropriate local governmental unit, as provided in subsection | ||||||
21 | (c) of this Section. Payments of child support by principals or | ||||||
22 | sureties on bonds or proceeds of any sale for the enforcement | ||||||
23 | of a judgment shall be made to the clerk of the circuit court, | ||||||
24 | the Department of Healthcare and Family Services, or the | ||||||
25 | appropriate local governmental unit, as required by this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (f) For those cases in which child support is payable to | ||||||
2 | the clerk of the circuit court for transmittal to the | ||||||
3 | Department of Healthcare and Family Services by order of court | ||||||
4 | or upon notification by the Department of Healthcare and Family | ||||||
5 | Services, the clerk of the circuit court shall transmit all | ||||||
6 | payments, within 4 working days of receipt, to insure that | ||||||
7 | funds are available for immediate distribution by the | ||||||
8 | Department of Healthcare and Family Services to the person or | ||||||
9 | entity entitled to them in accordance with the Child Support | ||||||
10 | Enforcement Program under Title IV-D of the Social Security | ||||||
11 | Act. The clerk of the circuit court shall notify the Department | ||||||
12 | of Healthcare and Family Services of the date of receipt and | ||||||
13 | the amount of the funds at the time of transmittal. If the | ||||||
14 | clerk of the circuit court has entered into an agreement of | ||||||
15 | cooperation with the Department of Healthcare and Family | ||||||
16 | Services to record the terms of child support orders and | ||||||
17 | payments made thereunder directly into the Department's | ||||||
18 | automated data processing system, the clerk of the circuit | ||||||
19 | court shall account for, transmit and otherwise distribute | ||||||
20 | child support payments in accordance with the agreement in lieu | ||||||
21 | of the requirements contained in this Section.
| ||||||
22 | (g) To the extent the provisions of this Section are | ||||||
23 | inconsistent with the requirements pertaining to the State | ||||||
24 | Disbursement Unit under Section 815 of this Act and Section | ||||||
25 | 10-26 of the Illinois Public Aid Code, the requirements | ||||||
26 | pertaining to the State Disbursement Unit shall apply.
|
| |||||||
| |||||||
1 | Section 814. Notice of child support enforcement services. | ||||||
2 | The Department of Healthcare and Family Services may provide | ||||||
3 | notice at any time to the parties to an action filed under this | ||||||
4 | Act that child support enforcement services are being provided | ||||||
5 | by the Department under Article X of the Illinois Public Aid | ||||||
6 | Code. After notice is provided, the Department of Healthcare | ||||||
7 | and Family Services shall be entitled, as if it were a party, | ||||||
8 | to notice of any further proceedings brought in the case. The | ||||||
9 | Department of Healthcare and Family Services shall provide the | ||||||
10 | clerk of the circuit court with copies of the notices sent to | ||||||
11 | the parties. The clerk of the circuit court shall file the | ||||||
12 | copies in the court file. | ||||||
13 | Section 815. Payment of support to State Disbursement Unit. | ||||||
14 | (a) As used in this Section, "order for support", | ||||||
15 | "obligor", "obligee", and "payor" have the meanings ascribed to | ||||||
16 | them in the Income Withholding for Support Act, except that | ||||||
17 | "order for support" does not mean an order for spousal | ||||||
18 | maintenance under which there is no child support obligation.
| ||||||
19 | (b) Notwithstanding any other provision of this Act to the | ||||||
20 | contrary, each order for support entered or modified on or | ||||||
21 | after October 1, 1999 shall require that support payments be | ||||||
22 | made to the State Disbursement Unit established under Section | ||||||
23 | 10-26 of the Illinois Public Aid Code if:
| ||||||
24 | (1) a party to the order is receiving child support |
| |||||||
| |||||||
1 | enforcement services under Article X of the Illinois Public | ||||||
2 | Aid Code; or
| ||||||
3 | (2) no party to the order is receiving child support | ||||||
4 | enforcement services, but the support payments are made | ||||||
5 | through income withholding.
| ||||||
6 | (c) Support payments shall be made to the State | ||||||
7 | Disbursement Unit if:
| ||||||
8 | (1) the order for support was entered before October 1, | ||||||
9 | 1999, and a party to the order is receiving child support | ||||||
10 | enforcement services under Article X of the Illinois Public | ||||||
11 | Aid Code; or
| ||||||
12 | (2) no party to the order is receiving child support | ||||||
13 | enforcement services, and the support payments are being | ||||||
14 | made through income withholding.
| ||||||
15 | (d) If no party to the order is receiving child support | ||||||
16 | enforcement services under Article X of the Illinois Public Aid | ||||||
17 | Code and the support payments are not made through income | ||||||
18 | withholding, then support payments shall be made as directed by | ||||||
19 | the order for support.
| ||||||
20 | (e) At any time, and notwithstanding the existence of an | ||||||
21 | order directing payments to be made elsewhere, the Department | ||||||
22 | of Healthcare and Family Services may provide notice to the | ||||||
23 | obligor and, where applicable, to the obligor's payor:
| ||||||
24 | (1) to make support payments to the State Disbursement | ||||||
25 | Unit if:
| ||||||
26 | (A) a party to the order for support is receiving |
| |||||||
| |||||||
1 | child support enforcement services under Article X of | ||||||
2 | the Illinois Public Aid Code; or
| ||||||
3 | (B) no party to the order for support is receiving | ||||||
4 | child support enforcement services under Article X of | ||||||
5 | the Illinois Public Aid Code, but the support payments | ||||||
6 | are made through income withholding; or
| ||||||
7 | (2) to make support payments to the State Disbursement | ||||||
8 | Unit of another state upon request of another state's Title | ||||||
9 | IV-D child support enforcement agency, in accordance with | ||||||
10 | the requirements of Title IV, Part D of the Social Security | ||||||
11 | Act and regulations promulgated under that Part D. | ||||||
12 | The Department of Healthcare and Family Services shall | ||||||
13 | provide a copy of the notice sent under this subsection to the | ||||||
14 | obligee and to the clerk of the circuit court.
| ||||||
15 | (f) The clerk of the circuit court shall provide written | ||||||
16 | notice to the obligor to make payments directly to the clerk of | ||||||
17 | the circuit court if no party to the order is receiving child | ||||||
18 | support enforcement services under Article X of the Illinois | ||||||
19 | Public Aid Code, the support payments are not made through | ||||||
20 | income withholding, and the order for support requires support | ||||||
21 | payments to be made directly to the clerk of the circuit court. | ||||||
22 | The clerk of the circuit court shall provide a copy of the | ||||||
23 | notice to the obligee.
| ||||||
24 | (g) If the State Disbursement Unit receives a support | ||||||
25 | payment that was not appropriately made to the Unit under this | ||||||
26 | Section, the Unit shall immediately return the payment to the |
| |||||||
| |||||||
1 | sender, including, if possible, instructions detailing where | ||||||
2 | to send the support payments.
| ||||||
3 | (h) The notices under subsections (e) and (f) may be sent | ||||||
4 | by ordinary mail, certified mail with return receipt requested, | ||||||
5 | facsimile transmission, other electronic process, or any | ||||||
6 | method provided by law for service of a summons.
| ||||||
7 | Section 816. Collection fee. In all cases instituted by the | ||||||
8 | Department of Healthcare and Family Services on behalf of a | ||||||
9 | child or spouse, other than one receiving a grant of financial | ||||||
10 | aid under Article IV of the Illinois Public Aid Code, on whose | ||||||
11 | behalf an application has been made and approved for child | ||||||
12 | support enforcement services as provided by Section 10-1 of | ||||||
13 | that Code, the court shall impose on the individual who owes a | ||||||
14 | support obligation a collection fee, in addition to the support | ||||||
15 | obligation, in an amount equal to 10% of the amount owed as | ||||||
16 | long as the collection is required by federal law. The | ||||||
17 | imposition of the fee shall be in accordance with Title IV, | ||||||
18 | Part D, of the Social Security Act and the regulations duly | ||||||
19 | promulgated thereunder. The fee shall be payable to the clerk | ||||||
20 | of the circuit court for transmittal to the Department of | ||||||
21 | Healthcare and Family Services and shall continue until support | ||||||
22 | services are terminated by that Department. | ||||||
23 | Section 817. Notice to the clerk of circuit court of | ||||||
24 | payment received by Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services. For those cases in which support is payable to the | ||||||
2 | clerk of the circuit court for transmittal to the Department of | ||||||
3 | Healthcare and Family Services by order of court, and the | ||||||
4 | Department of Healthcare and Family Services collects support | ||||||
5 | by assignment, offset, withhold, deduction, or other process | ||||||
6 | permitted by law, the Department of Healthcare and Family | ||||||
7 | Services shall notify the clerk of the circuit court of the | ||||||
8 | date and amount of the collection. Upon notification, the clerk | ||||||
9 | of the circuit court shall record the collection on the payment | ||||||
10 | record for the case. | ||||||
11 | Section 818. Administrative determinations of paternity. | ||||||
12 | Notwithstanding any other provision of this Act, the Department | ||||||
13 | of Healthcare and Family Services may make administrative | ||||||
14 | determinations of paternity and nonpaternity in accordance | ||||||
15 | with Article X of the Illinois Public Aid Code. These | ||||||
16 | determinations of paternity or nonpaternity shall have the full | ||||||
17 | force and effect of judgments entered under this Act. | ||||||
18 | ARTICLE 9. MISCELLANEOUS PROVISIONS | ||||||
19 | Section 901. Burden of proof. Absent a burden of proof | ||||||
20 | specifically set forth in this Act, the burden of proof shall | ||||||
21 | be by a preponderance of the evidence. | ||||||
22 | Section 902. Severability clause. If any provision of this |
| |||||||
| |||||||
1 | Act or its application to an individual or circumstance is held | ||||||
2 | invalid, the invalidity does not affect other provisions or | ||||||
3 | applications of this Act which can be given effect without the | ||||||
4 | invalid provision or application, and to this end the | ||||||
5 | provisions of this Act are severable. | ||||||
6 | Section 903. Transitional provision. A proceeding to | ||||||
7 | adjudicate parentage which was commenced before the effective | ||||||
8 | date of this Act is governed by the law in effect at the time | ||||||
9 | the proceeding was commenced. | ||||||
10 | Section 904. Savings provision. The repeal of the Illinois | ||||||
11 | Parentage Act of 1984 and the Illinois Parentage Act shall not | ||||||
12 | affect rights or liabilities under those Act which have been | ||||||
13 | determined, settled, or adjudicated prior to the effective date | ||||||
14 | of this Act or which are the subject of proceedings pending on | ||||||
15 | the effective date of this Act. This Act shall not be construed | ||||||
16 | to bar an action which would have been barred because the | ||||||
17 | action had not been filed within a time limitation under the | ||||||
18 | Illinois Parentage Act of 1984 and the Illinois Parentage Act, | ||||||
19 | or which could not have been maintained under those Acts, as | ||||||
20 | long as the action is not barred by a limitations period set | ||||||
21 | forth in this Act. | ||||||
22 | Section 905. Other states' establishments of parentage. | ||||||
23 | Establishments of parentage made under the laws of other states |
| |||||||
| |||||||
1 | shall be given full faith and credit in this State regardless | ||||||
2 | of whether parentage was established through voluntary | ||||||
3 | acknowledgment, tests to determine inherited characteristics, | ||||||
4 | or judicial or administrative processes. | ||||||
5 | Section 951. The Department of Employment Security Law of | ||||||
6 | the
Civil Administrative Code of Illinois is amended by | ||||||
7 | changing Section 1005-130 as follows:
| ||||||
8 | (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
| ||||||
9 | Sec. 1005-130. Exchange of information for child support
| ||||||
10 | enforcement. | ||||||
11 | (a) The Department has the power to exchange with the
| ||||||
12 | Department of Healthcare and Family Services
information that | ||||||
13 | may be necessary for the enforcement of child support
orders | ||||||
14 | entered pursuant to the Illinois Public Aid Code, the Illinois | ||||||
15 | Marriage
and
Dissolution of Marriage Act, the Non-Support of | ||||||
16 | Spouse and Children Act, the
Non-Support Punishment Act, the
| ||||||
17 | Revised Uniform Reciprocal Enforcement of Support Act, the
| ||||||
18 | Uniform Interstate Family Support Act, or the Illinois | ||||||
19 | Parentage Act of 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
20 | (b) Notwithstanding any provisions in the Civil | ||||||
21 | Administrative
Code of Illinois to the contrary, the
Department | ||||||
22 | of Employment Security shall not be liable
to any person for | ||||||
23 | any disclosure of information to the Department of Healthcare | ||||||
24 | and Family Services (formerly
Illinois Department of Public |
| |||||||
| |||||||
1 | Aid) under subsection (a)
or for any other action taken in good | ||||||
2 | faith to comply with the requirements of
subsection (a).
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | Section 952. The Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | changing Section 2105-15 as follows:
| ||||||
7 | (20 ILCS 2105/2105-15)
| ||||||
8 | Sec. 2105-15. General powers and duties.
| ||||||
9 | (a) The Department has, subject to the provisions of the | ||||||
10 | Civil
Administrative Code of Illinois, the following powers and | ||||||
11 | duties:
| ||||||
12 | (1) To authorize examinations in English to ascertain | ||||||
13 | the qualifications
and fitness of applicants to exercise | ||||||
14 | the profession, trade, or occupation for
which the | ||||||
15 | examination is held.
| ||||||
16 | (2) To prescribe rules and regulations for a fair and | ||||||
17 | wholly
impartial method of examination of candidates to | ||||||
18 | exercise the respective
professions, trades, or | ||||||
19 | occupations.
| ||||||
20 | (3) To pass upon the qualifications of applicants for | ||||||
21 | licenses,
certificates, and authorities, whether by | ||||||
22 | examination, by reciprocity, or by
endorsement.
| ||||||
23 | (4) To prescribe rules and regulations defining, for | ||||||
24 | the
respective
professions, trades, and occupations, what |
| |||||||
| |||||||
1 | shall constitute a school,
college, or university, or | ||||||
2 | department of a university, or other
institution, | ||||||
3 | reputable and in good standing, and to determine the
| ||||||
4 | reputability and good standing of a school, college, or | ||||||
5 | university, or
department of a university, or other | ||||||
6 | institution, reputable and in good
standing, by reference | ||||||
7 | to a compliance with those rules and regulations;
provided, | ||||||
8 | that no school, college, or university, or department of a
| ||||||
9 | university, or other institution that refuses admittance | ||||||
10 | to applicants
solely on account of race, color, creed, sex, | ||||||
11 | or national origin shall be
considered reputable and in | ||||||
12 | good standing.
| ||||||
13 | (5) To conduct hearings on proceedings to revoke, | ||||||
14 | suspend, refuse to
renew, place on probationary status, or | ||||||
15 | take other disciplinary action
as authorized in any | ||||||
16 | licensing Act administered by the Department
with regard to | ||||||
17 | licenses, certificates, or authorities of persons
| ||||||
18 | exercising the respective professions, trades, or | ||||||
19 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
20 | on probationary status, or take
other disciplinary action | ||||||
21 | as authorized in any licensing Act
administered by the | ||||||
22 | Department with regard to those licenses,
certificates, or | ||||||
23 | authorities. The Department shall issue a monthly
| ||||||
24 | disciplinary report. The Department shall deny any license | ||||||
25 | or
renewal authorized by the Civil Administrative Code of | ||||||
26 | Illinois to any person
who has defaulted on an
educational |
| |||||||
| |||||||
1 | loan or scholarship provided by or guaranteed by the | ||||||
2 | Illinois
Student Assistance Commission or any governmental | ||||||
3 | agency of this State;
however, the Department may issue a | ||||||
4 | license or renewal if the
aforementioned persons have | ||||||
5 | established a satisfactory repayment record as
determined | ||||||
6 | by the Illinois Student Assistance Commission or other | ||||||
7 | appropriate
governmental agency of this State. | ||||||
8 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
9 | the Department may be suspended or revoked if the
| ||||||
10 | Department, after the opportunity for a hearing under the | ||||||
11 | appropriate licensing
Act, finds that the licensee has | ||||||
12 | failed to make satisfactory repayment to the
Illinois | ||||||
13 | Student Assistance Commission for a delinquent or | ||||||
14 | defaulted loan.
For the purposes of this Section, | ||||||
15 | "satisfactory repayment record" shall be
defined by rule. | ||||||
16 | The Department shall refuse to issue or renew a license to,
| ||||||
17 | or shall suspend or revoke a license of, any person who, | ||||||
18 | after receiving
notice, fails to comply with a subpoena or | ||||||
19 | warrant relating to a paternity or
child support | ||||||
20 | proceeding. However, the Department may issue a license or
| ||||||
21 | renewal upon compliance with the subpoena or warrant.
| ||||||
22 | The Department, without further process or hearings, | ||||||
23 | shall revoke, suspend,
or deny any license or renewal | ||||||
24 | authorized by the Civil Administrative Code of
Illinois to | ||||||
25 | a person who is certified by the Department of Healthcare | ||||||
26 | and Family Services (formerly Illinois Department of |
| |||||||
| |||||||
1 | Public Aid)
as being more than 30 days delinquent in | ||||||
2 | complying with a child support order
or who is certified by | ||||||
3 | a court as being in violation of the Non-Support
Punishment | ||||||
4 | Act for more than 60 days. The Department may, however, | ||||||
5 | issue a
license or renewal if the person has established a | ||||||
6 | satisfactory repayment
record as determined by the | ||||||
7 | Department of Healthcare and Family Services (formerly
| ||||||
8 | Illinois Department of Public Aid) or if the person
is | ||||||
9 | determined by the court to be in compliance with the | ||||||
10 | Non-Support Punishment
Act. The Department may implement | ||||||
11 | this paragraph as added by Public Act 89-6
through the use | ||||||
12 | of emergency rules in accordance with Section 5-45 of the
| ||||||
13 | Illinois Administrative Procedure Act. For purposes of the | ||||||
14 | Illinois
Administrative Procedure Act, the adoption of | ||||||
15 | rules to implement this
paragraph shall be considered an | ||||||
16 | emergency and necessary for the public
interest, safety, | ||||||
17 | and welfare.
| ||||||
18 | (6) To transfer jurisdiction of any realty under the | ||||||
19 | control of the
Department to any other department of the | ||||||
20 | State Government or to acquire
or accept federal lands when | ||||||
21 | the transfer, acquisition, or acceptance is
advantageous | ||||||
22 | to the State and is approved in writing by the Governor.
| ||||||
23 | (7) To formulate rules and regulations necessary for | ||||||
24 | the enforcement of
any Act administered by the Department.
| ||||||
25 | (8) To exchange with the Department of Healthcare and | ||||||
26 | Family Services information
that may be necessary for the |
| |||||||
| |||||||
1 | enforcement of child support orders entered
pursuant to the | ||||||
2 | Illinois Public Aid Code, the Illinois Marriage and | ||||||
3 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
4 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
5 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
6 | Interstate Family Support Act, or the Illinois Parentage | ||||||
7 | Act of 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
8 | Notwithstanding any provisions in this Code to the | ||||||
9 | contrary, the Department of
Professional Regulation shall | ||||||
10 | not be liable under any federal or State law to
any person | ||||||
11 | for any disclosure of information to the Department of | ||||||
12 | Healthcare and Family Services (formerly Illinois | ||||||
13 | Department of
Public Aid)
under this paragraph (8) or for | ||||||
14 | any other action taken in good faith
to comply with the | ||||||
15 | requirements of this paragraph (8).
| ||||||
16 | (9) To perform other duties prescribed
by law.
| ||||||
17 | (a-5) Except in cases involving default on an educational | ||||||
18 | loan or scholarship provided by or guaranteed by the Illinois | ||||||
19 | Student Assistance Commission or any governmental agency of | ||||||
20 | this State or in cases involving delinquency in complying with | ||||||
21 | a child support order or violation of the Non-Support | ||||||
22 | Punishment Act, no person or entity whose license, certificate, | ||||||
23 | or authority has been revoked as authorized in any licensing | ||||||
24 | Act administered by the Department may apply for restoration of | ||||||
25 | that license, certification, or authority until 3 years after | ||||||
26 | the effective date of the revocation. |
| |||||||
| |||||||
1 | (b) The Department may, when a fee is payable to the | ||||||
2 | Department for a wall
certificate of registration provided by | ||||||
3 | the Department of Central Management
Services, require that | ||||||
4 | portion of the payment for printing and distribution
costs be | ||||||
5 | made directly or through the Department to the Department of | ||||||
6 | Central
Management Services for deposit into the Paper and | ||||||
7 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
8 | the General Revenue Fund.
| ||||||
9 | (c) For the purpose of securing and preparing evidence, and | ||||||
10 | for the purchase
of controlled substances, professional | ||||||
11 | services, and equipment necessary for
enforcement activities, | ||||||
12 | recoupment of investigative costs, and other activities
| ||||||
13 | directed at suppressing the misuse and abuse of controlled | ||||||
14 | substances,
including those activities set forth in Sections | ||||||
15 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
16 | Director and agents appointed and authorized by
the Director | ||||||
17 | may expend sums from the Professional Regulation Evidence Fund
| ||||||
18 | that the Director deems necessary from the amounts appropriated | ||||||
19 | for that
purpose. Those sums may be advanced to the agent when | ||||||
20 | the Director deems that
procedure to be in the public interest. | ||||||
21 | Sums for the purchase of controlled
substances, professional | ||||||
22 | services, and equipment necessary for enforcement
activities | ||||||
23 | and other activities as set forth in this Section shall be | ||||||
24 | advanced
to the agent who is to make the purchase from the | ||||||
25 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
26 | Director. The Director and those
agents are authorized to |
| |||||||
| |||||||
1 | maintain one or more commercial checking accounts with
any | ||||||
2 | State banking corporation or corporations organized under or | ||||||
3 | subject to the
Illinois Banking Act for the deposit and | ||||||
4 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
5 | this Section; provided, that no check may be written
nor any | ||||||
6 | withdrawal made from any such account except upon the written
| ||||||
7 | signatures of 2 persons designated by the Director to write | ||||||
8 | those checks and
make those withdrawals. Vouchers for those | ||||||
9 | expenditures must be signed by the
Director. All such | ||||||
10 | expenditures shall be audited by the Director, and the
audit | ||||||
11 | shall be submitted to the Department of Central Management | ||||||
12 | Services for
approval.
| ||||||
13 | (d) Whenever the Department is authorized or required by | ||||||
14 | law to consider
some aspect of criminal history record | ||||||
15 | information for the purpose of carrying
out its statutory | ||||||
16 | powers and responsibilities, then, upon request and payment
of | ||||||
17 | fees in conformance with the requirements of Section 2605-400 | ||||||
18 | of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||||||
19 | the Department of State
Police is authorized to furnish, | ||||||
20 | pursuant to positive identification, the
information contained | ||||||
21 | in State files that is necessary to fulfill the request.
| ||||||
22 | (e) The provisions of this Section do not apply to private | ||||||
23 | business and
vocational schools as defined by Section 15 of the | ||||||
24 | Private Business and
Vocational Schools Act of 2012.
| ||||||
25 | (f) Beginning July 1, 1995, this Section does not apply to | ||||||
26 | 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 | (g) Notwithstanding anything that may appear in any | ||||||
6 | individual licensing statute or administrative rule, the | ||||||
7 | Department shall deny any license application or renewal | ||||||
8 | authorized under any licensing Act administered by the | ||||||
9 | Department to any person who has failed to file a return, or to | ||||||
10 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
11 | to pay any final assessment of tax, penalty, or interest, as | ||||||
12 | required by any tax Act administered by the Illinois Department | ||||||
13 | of Revenue, until such time as the requirement of any such tax | ||||||
14 | Act are satisfied; however, the Department may issue a license | ||||||
15 | or renewal if the person has established a satisfactory | ||||||
16 | repayment record as determined by the Illinois Department of | ||||||
17 | Revenue. For the purpose of this Section, "satisfactory | ||||||
18 | repayment record" shall be defined by rule.
| ||||||
19 | In addition, a complaint filed with the Department by the | ||||||
20 | Illinois Department of Revenue that includes a certification, | ||||||
21 | signed by its Director or designee, attesting to the amount of | ||||||
22 | the unpaid tax liability or the years for which a return was | ||||||
23 | not filed, or both, is prima facia evidence of the licensee's | ||||||
24 | failure to comply with the tax laws administered by the | ||||||
25 | Illinois Department of Revenue. Upon receipt of that | ||||||
26 | certification, the Department shall, without a hearing, |
| |||||||
| |||||||
1 | immediately suspend all licenses held by the licensee. | ||||||
2 | Enforcement of the Department's order shall be stayed for 60 | ||||||
3 | days. The Department shall provide notice of the suspension to | ||||||
4 | the licensee by mailing a copy of the Department's order by | ||||||
5 | certified and regular mail to the licensee's last known address | ||||||
6 | as registered with the Department. The notice shall advise the | ||||||
7 | licensee that the suspension shall be effective 60 days after | ||||||
8 | the issuance of the Department's order unless the Department | ||||||
9 | receives, from the licensee, a request for a hearing before the | ||||||
10 | Department to dispute the matters contained in the order.
| ||||||
11 | Any suspension imposed under this subsection (g) shall be | ||||||
12 | terminated by the Department upon notification from the | ||||||
13 | Illinois Department of Revenue that the licensee is in | ||||||
14 | compliance with all tax laws administered by the Illinois | ||||||
15 | Department of Revenue.
| ||||||
16 | The Department shall promulgate rules for the | ||||||
17 | administration of this subsection (g).
| ||||||
18 | (h) The Department may grant the title "Retired", to be | ||||||
19 | used immediately adjacent to the title of a profession | ||||||
20 | regulated by the Department, to eligible retirees. The use of | ||||||
21 | the title "Retired" shall not constitute representation of | ||||||
22 | current licensure, registration, or certification. Any person | ||||||
23 | without an active license, registration, or certificate in a | ||||||
24 | profession that requires licensure, registration, or | ||||||
25 | certification shall not be permitted to practice that | ||||||
26 | profession. |
| |||||||
| |||||||
1 | (i) Within 180 days after December 23, 2009 (the effective | ||||||
2 | date of Public Act 96-852), the Department shall promulgate | ||||||
3 | rules which permit a person with a criminal record, who seeks a | ||||||
4 | license or certificate in an occupation for which a criminal | ||||||
5 | record is not expressly a per se bar, to apply to the | ||||||
6 | Department for a non-binding, advisory opinion to be provided | ||||||
7 | by the Board or body with the authority to issue the license or | ||||||
8 | certificate as to whether his or her criminal record would bar | ||||||
9 | the individual from the licensure or certification sought, | ||||||
10 | should the individual meet all other licensure requirements | ||||||
11 | including, but not limited to, the successful completion of the | ||||||
12 | relevant examinations. | ||||||
13 | (Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; | ||||||
14 | 96-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
| ||||||
15 | Section 953. The Department of Revenue Law of the
Civil | ||||||
16 | Administrative Code of Illinois is amended by changing Section | ||||||
17 | 2505-65 as follows:
| ||||||
18 | (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
| ||||||
19 | Sec. 2505-65. Exchange of information.
| ||||||
20 | (a) The Department has the power to exchange with any | ||||||
21 | state, with
any local subdivisions of any state, or
with the | ||||||
22 | federal government, except when specifically prohibited by | ||||||
23 | law,
any information that may be necessary to efficient tax
| ||||||
24 | administration and
that may be acquired as a result of the |
| |||||||
| |||||||
1 | administration of the laws set forth in
the Sections following | ||||||
2 | Section 95-10 and
preceding
Section 2505-60.
| ||||||
3 | (b) The Department has the power to exchange with the
| ||||||
4 | Department of Healthcare and Family Services
information that | ||||||
5 | may be necessary for the enforcement of child support
orders | ||||||
6 | entered pursuant to the Illinois Public Aid Code, the Illinois | ||||||
7 | Marriage
and
Dissolution of Marriage Act, the Non-Support of | ||||||
8 | Spouse and Children Act, the
Non-Support Punishment Act, the
| ||||||
9 | Revised Uniform Reciprocal Enforcement of Support Act, the
| ||||||
10 | Uniform Interstate Family Support Act, or the Illinois | ||||||
11 | Parentage Act of 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
12 | Notwithstanding any provisions in this Code to the contrary, | ||||||
13 | the
Department of Revenue shall not be liable to any person for | ||||||
14 | any disclosure of
information to the Department of Healthcare | ||||||
15 | and Family Services (formerly Illinois Department of Public | ||||||
16 | Aid)
under this subsection (b) or for any other action taken in | ||||||
17 | good faith to comply
with the requirements of this subsection | ||||||
18 | (b).
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
20 | Section 954. The Counties Code is amended by changing | ||||||
21 | Section 3-5036.5 as follows:
| ||||||
22 | (55 ILCS 5/3-5036.5)
| ||||||
23 | Sec. 3-5036.5. Exchange of information for child support | ||||||
24 | enforcement.
|
| |||||||
| |||||||
1 | (a) The Recorder shall exchange with the
Department of | ||||||
2 | Healthcare and Family Services
information that may be | ||||||
3 | necessary for the enforcement
of child support orders entered | ||||||
4 | pursuant to the Illinois Public Aid Code, the
Illinois Marriage | ||||||
5 | and Dissolution of Marriage Act, the Non-Support of Spouse
and
| ||||||
6 | Children Act, the Non-Support Punishment Act, the Revised | ||||||
7 | Uniform
Reciprocal Enforcement of Support Act, the
Uniform | ||||||
8 | Interstate Family Support Act, or the Illinois
Parentage Act of | ||||||
9 | 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
10 | (b) Notwithstanding any provisions in this Code to the | ||||||
11 | contrary, the
Recorder shall not be liable
to any person for | ||||||
12 | any disclosure of information to the Department of Healthcare | ||||||
13 | and Family Services (formerly
Illinois Department of Public | ||||||
14 | Aid) under subsection (a)
or for any other action taken in good | ||||||
15 | faith to comply with the requirements of
subsection (a).
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
17 | Section 955. The Collection Agency Act is amended by | ||||||
18 | changing Section 2.04 as follows:
| ||||||
19 | (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
21 | Sec. 2.04. Child support indebtedness.
| ||||||
22 | (a) Persons, associations, partnerships, corporations, or | ||||||
23 | other legal entities engaged in the
business of collecting | ||||||
24 | child support indebtedness owing under a court order
as |
| |||||||
| |||||||
1 | provided under the Illinois Public Aid Code, the Illinois | ||||||
2 | Marriage and
Dissolution of Marriage Act, the Non-Support of | ||||||
3 | Spouse and Children Act,
the Non-Support Punishment Act, the | ||||||
4 | Illinois Parentage Act of 1984, the Illinois Parentage Act of | ||||||
5 | 2013, or
similar laws of other states
are not
restricted (i) in | ||||||
6 | the frequency of contact with an obligor who is in arrears,
| ||||||
7 | whether by phone, mail, or other means, (ii) from contacting | ||||||
8 | the employer of an
obligor who is in arrears, (iii) from | ||||||
9 | publishing or threatening to publish a
list of obligors in | ||||||
10 | arrears, (iv) from disclosing or threatening to disclose an
| ||||||
11 | arrearage that the obligor disputes, but for which a verified | ||||||
12 | notice of
delinquency has been served under the Income | ||||||
13 | Withholding for Support Act (or
any of its predecessors, | ||||||
14 | Section 10-16.2 of the Illinois Public Aid
Code, Section 706.1 | ||||||
15 | of the Illinois Marriage and Dissolution of Marriage Act,
| ||||||
16 | Section 4.1 of the Non-Support of Spouse and Children Act, | ||||||
17 | Section 26.1 of the
Revised Uniform Reciprocal Enforcement of | ||||||
18 | Support Act, or Section 20 of the
Illinois Parentage Act of | ||||||
19 | 1984), or (v) from engaging in conduct that would
not
cause a | ||||||
20 | reasonable person mental or physical illness. For purposes of | ||||||
21 | this
subsection, "obligor" means an individual who owes a duty | ||||||
22 | to make periodic
payments, under a court order, for the support | ||||||
23 | of a child. "Arrearage" means
the total amount of an obligor's | ||||||
24 | unpaid child support obligations.
| ||||||
25 | (a-5) A collection agency may not impose a fee or charge, | ||||||
26 | including costs, for any child support payments collected |
| |||||||
| |||||||
1 | through the efforts of a federal, State, or local government | ||||||
2 | agency, including but not limited to child support collected | ||||||
3 | from federal or State tax refunds, unemployment benefits, or | ||||||
4 | Social Security benefits. | ||||||
5 | No collection agency that collects child support payments | ||||||
6 | shall (i) impose a charge or fee, including costs, for | ||||||
7 | collection of a current child support payment, (ii) fail to | ||||||
8 | apply collections to current support as specified in the order | ||||||
9 | for support before applying collection to arrears or other | ||||||
10 | amounts, or (iii) designate a current child support payment as | ||||||
11 | arrears or other amount owed. In all circumstances, the | ||||||
12 | collection agency shall turn over to the obligee all support | ||||||
13 | collected in a month up to the amount of current support | ||||||
14 | required to be paid for that month. | ||||||
15 | As to any fees or charges, including costs, retained by the | ||||||
16 | collection agency, that agency shall provide documentation to | ||||||
17 | the obligee demonstrating that the child support payments | ||||||
18 | resulted from the actions of the agency. | ||||||
19 | After collection of the total amount or arrearage, | ||||||
20 | including statutory interest, due as of the date of execution | ||||||
21 | of the collection contract, no further fees may be charged. | ||||||
22 | (a-10) The Department of Professional Regulation shall | ||||||
23 | determine a fee rate of not less than 25% but not greater than | ||||||
24 | 35%, based upon presentation by the licensees as to costs to | ||||||
25 | provide the service and a fair rate of return. This rate shall | ||||||
26 | be established by administrative rule.
|
| |||||||
| |||||||
1 | Without prejudice to the determination by the Department of | ||||||
2 | the appropriate rate through administrative rule, a collection | ||||||
3 | agency shall impose a fee of not more than 29% of the amount of | ||||||
4 | child support actually collected by the collection agency | ||||||
5 | subject to the provisions of subsection (a-5). This interim | ||||||
6 | rate is based upon the March 2002 General Account Office report | ||||||
7 | "Child Support Enforcement", GAO-02-349. This rate shall apply | ||||||
8 | until a fee rate is established by administrative rule.
| ||||||
9 | (b) The Department shall adopt rules necessary to | ||||||
10 | administer and enforce
the provisions of this Section.
| ||||||
11 | (Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)
| ||||||
12 | Section 956. The Illinois Public Aid Code is amended by | ||||||
13 | changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19, | ||||||
14 | 10-25, 10-25.5, 10-27, and 12-4.7c as follows:
| ||||||
15 | (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
| ||||||
16 | Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
| ||||||
17 | Department shall establish within its administrative staff a | ||||||
18 | Child and
Spouse Support Unit to search for and locate absent | ||||||
19 | parents and spouses
liable for the support of persons resident | ||||||
20 | in this State and to exercise
the support enforcement powers | ||||||
21 | and responsibilities assigned the
Department by this Article. | ||||||
22 | The unit shall cooperate with all law
enforcement officials in | ||||||
23 | this State and with the authorities of other
States in locating | ||||||
24 | persons responsible for the support of persons
resident in |
| |||||||
| |||||||
1 | other States and shall invite the cooperation of these
| ||||||
2 | authorities in the performance of its duties.
| ||||||
3 | In addition to other duties assigned the Child and Spouse | ||||||
4 | Support Unit
by this Article, the Unit may refer to the | ||||||
5 | Attorney General or units of
local government with the approval | ||||||
6 | of the Attorney General, any actions
under Sections 10-10 and | ||||||
7 | 10-15 for judicial enforcement of the support
liability. The | ||||||
8 | Child and Spouse Support Unit shall act for the Department
in | ||||||
9 | referring to the Attorney General support matters requiring | ||||||
10 | judicial
enforcement under other laws. If requested by the | ||||||
11 | Attorney General to so
act, as provided in Section 12-16, | ||||||
12 | attorneys of the Unit may assist the
Attorney General or | ||||||
13 | themselves
institute actions on in behalf of the Illinois | ||||||
14 | Department
under the Revised Uniform Reciprocal Enforcement of | ||||||
15 | Support
Act; under the Illinois Parentage Act of
1984 or under | ||||||
16 | the Illinois Parentage Act of 2013 ; under
the Non-Support of | ||||||
17 | Spouse and Children Act; under the Non-Support Punishment
Act;
| ||||||
18 | or under any other law, State or
Federal, providing for support
| ||||||
19 | of a spouse or dependent child.
| ||||||
20 | The Illinois Department shall also have the authority to | ||||||
21 | enter into
agreements with local governmental units or | ||||||
22 | individuals, with the approval
of the Attorney General, for the | ||||||
23 | collection of moneys owing
because of the failure of a
parent | ||||||
24 | to make child support payments for any child receiving services
| ||||||
25 | under this Article. Such agreements may be on a contingent
fee | ||||||
26 | basis, but such contingent fee shall not exceed 25% of the |
| |||||||
| |||||||
1 | total amount
collected.
| ||||||
2 | An attorney who provides representation pursuant to this | ||||||
3 | Section shall
represent the
Illinois Department exclusively. | ||||||
4 | Regardless of
the designation of the plaintiff in an action | ||||||
5 | brought pursuant to this Section,
an attorney-client | ||||||
6 | relationship does not exist for purposes of that
action between | ||||||
7 | that attorney
and (i) an applicant for or recipient of child | ||||||
8 | support
enforcement services or
(ii) any other party to the | ||||||
9 | action other than the Illinois Department. Nothing
in this | ||||||
10 | Section shall be construed to modify any power or duty | ||||||
11 | (including a
duty to maintain confidentiality) of the Child and | ||||||
12 | Spouse Support Unit or the
Illinois Department otherwise | ||||||
13 | provided by law.
| ||||||
14 | The Illinois Department may also enter into agreements with | ||||||
15 | local
governmental units for the Child and Spouse Support Unit | ||||||
16 | to exercise the
investigative and enforcement powers | ||||||
17 | designated in this Article,
including the issuance of | ||||||
18 | administrative orders under Section 10-11, in
locating | ||||||
19 | responsible relatives and obtaining support for persons
| ||||||
20 | applying for or receiving aid under Article VI.
Payments for
| ||||||
21 | defrayment of administrative costs and support payments | ||||||
22 | obtained shall
be deposited into the DHS Recoveries Trust Fund. | ||||||
23 | Support
payments shall be paid over to the General Assistance | ||||||
24 | Fund of the local
governmental unit at such time or times as | ||||||
25 | the agreement may specify.
| ||||||
26 | With respect to those cases in which it has support |
| |||||||
| |||||||
1 | enforcement powers
and responsibilities under this Article, | ||||||
2 | the Illinois Department may provide
by rule for periodic or | ||||||
3 | other review of each administrative and court order
for support | ||||||
4 | to determine whether a modification of the order should be
| ||||||
5 | sought. The Illinois Department shall provide for and conduct | ||||||
6 | such review
in accordance with any applicable federal law and | ||||||
7 | regulation.
| ||||||
8 | As part of its process for review of orders for support, | ||||||
9 | the Illinois
Department, through written notice, may require | ||||||
10 | the responsible relative to
disclose his or her Social Security | ||||||
11 | Number and past and present information
concerning the | ||||||
12 | relative's address, employment, gross wages, deductions from
| ||||||
13 | gross wages, net wages, bonuses, commissions, number of | ||||||
14 | dependent exemptions
claimed, individual and dependent health | ||||||
15 | insurance coverage, and any other
information necessary to | ||||||
16 | determine the relative's ability to provide support in
a case | ||||||
17 | receiving child support enforcement services under
this | ||||||
18 | Article X.
| ||||||
19 | The Illinois Department may send a written request
for the | ||||||
20 | same information to the relative's employer. The employer shall
| ||||||
21 | respond to the request for information within 15 days after the | ||||||
22 | date the
employer receives the request. If the employer | ||||||
23 | willfully fails to fully
respond within the 15-day period, the | ||||||
24 | employer shall pay a penalty of $100 for
each day that the | ||||||
25 | response is not provided to the Illinois Department after the
| ||||||
26 | 15-day period has expired. The penalty may be collected in a |
| |||||||
| |||||||
1 | civil action
which may be brought against the employer in favor | ||||||
2 | of the Illinois Department.
| ||||||
3 | A written request for information sent to an employer | ||||||
4 | pursuant to this
Section shall consist of (i) a citation of | ||||||
5 | this Section as the statutory
authority for the request and for | ||||||
6 | the employer's obligation to provide the
requested | ||||||
7 | information, (ii) a returnable form setting forth the | ||||||
8 | employer's name
and address and listing the name of the | ||||||
9 | employee with respect to whom
information is requested, and | ||||||
10 | (iii) a citation of this Section as the statutory
authority | ||||||
11 | authorizing the employer to withhold a fee of up to $20 from | ||||||
12 | the
wages or income to be paid to each responsible relative for | ||||||
13 | providing the
information to the Illinois Department within the | ||||||
14 | 15-day period. If the
employer is
withholding support payments | ||||||
15 | from the responsible relative's income pursuant to
an order for | ||||||
16 | withholding, the employer may withhold the fee provided for in
| ||||||
17 | this Section only after withholding support as required under | ||||||
18 | the order. Any
amounts withheld from the responsible relative's | ||||||
19 | income for payment of support
and the fee provided for in this | ||||||
20 | Section shall not be in excess of the amounts
permitted under | ||||||
21 | the federal Consumer Credit Protection Act.
| ||||||
22 | In a case receiving child support enforcement services,
the | ||||||
23 | Illinois
Department may request and obtain information from a | ||||||
24 | particular employer under
this Section no more than once in any | ||||||
25 | 12-month period, unless the information
is necessary to conduct | ||||||
26 | a review of a court or
administrative order for support at the |
| |||||||
| |||||||
1 | request of the person receiving child support enforcement | ||||||
2 | services.
| ||||||
3 | The Illinois Department shall establish and maintain an | ||||||
4 | administrative unit
to receive and transmit to the Child and | ||||||
5 | Spouse Support Unit information
supplied by persons applying | ||||||
6 | for or receiving child support
enforcement services
under | ||||||
7 | Section 10-1. In addition, the Illinois Department shall | ||||||
8 | address and
respond to any alleged deficiencies that persons | ||||||
9 | receiving or applying for
services from the Child and Spouse | ||||||
10 | Support Unit may identify concerning the
Child and Spouse | ||||||
11 | Support Unit's provision of child support
enforcement | ||||||
12 | services.
Within 60 days after an action or failure to act by | ||||||
13 | the Child and Spouse
Support Unit that affects his or her case, | ||||||
14 | a recipient of or applicant for
child support enforcement | ||||||
15 | services under Article X of this
Code may request an
| ||||||
16 | explanation of the Unit's handling of the case. At the | ||||||
17 | requestor's option, the
explanation may be provided either | ||||||
18 | orally in an interview, in writing, or both.
If the Illinois | ||||||
19 | Department fails to respond to the request for an explanation
| ||||||
20 | or fails to respond in a manner satisfactory to the applicant | ||||||
21 | or recipient
within 30 days from the date of the request for an | ||||||
22 | explanation, the
applicant or recipient may request a | ||||||
23 | conference for further review of the
matter by the Office of | ||||||
24 | the Administrator of the Child and Spouse Support Unit.
A | ||||||
25 | request for a conference may be submitted at any time within 60 | ||||||
26 | days after
the explanation has been provided by the Child and |
| |||||||
| |||||||
1 | Spouse Support Unit or
within 60 days after the time for | ||||||
2 | providing the explanation has expired.
| ||||||
3 | The applicant or recipient may request a conference | ||||||
4 | concerning any decision
denying or terminating child support | ||||||
5 | enforcement services
under Article X of this Code, and the | ||||||
6 | applicant or recipient may also request a
conference concerning | ||||||
7 | the
Unit's failure to provide services or the provision of | ||||||
8 | services in an amount or
manner that is considered inadequate. | ||||||
9 | For purposes of this Section, the Child
and Spouse Support Unit | ||||||
10 | includes all local governmental units or individuals
with whom | ||||||
11 | the Illinois Department has contracted
under Section
10-3.1.
| ||||||
12 | Upon receipt of a timely request for a conference, the | ||||||
13 | Office of the
Administrator shall review the case. The | ||||||
14 | applicant or recipient requesting
the conference shall be | ||||||
15 | entitled, at his or her option, to appear in person or
to | ||||||
16 | participate in the conference by telephone. The applicant or | ||||||
17 | recipient
requesting the conference shall be entitled to be | ||||||
18 | represented and to be
afforded a reasonable opportunity to | ||||||
19 | review the Illinois Department's file
before or at the | ||||||
20 | conference. At the conference, the applicant or recipient
| ||||||
21 | requesting the conference shall be afforded an opportunity to | ||||||
22 | present all
relevant matters in support of his or her claim. | ||||||
23 | Conferences shall be without
cost to the applicant or recipient | ||||||
24 | requesting the conference and shall be
conducted by a | ||||||
25 | representative of the Child or Spouse Support Unit who did not
| ||||||
26 | participate in the action or inaction being reviewed.
|
| |||||||
| |||||||
1 | The Office of the Administrator shall conduct a conference | ||||||
2 | and inform all
interested parties, in
writing, of the results | ||||||
3 | of the conference within 60 days from the date of
filing of the | ||||||
4 | request for a conference.
| ||||||
5 | In addition to its other powers and responsibilities | ||||||
6 | established by this
Article, the Child and Spouse Support Unit | ||||||
7 | shall conduct an annual assessment
of each institution's | ||||||
8 | program for institution based paternity establishment
under | ||||||
9 | Section 12 of the Vital Records Act.
| ||||||
10 | (Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99;
92-16, | ||||||
11 | eff. 6-28-01; 92-590, eff. 7-1-02.)
| ||||||
12 | (305 ILCS 5/10-16.7) | ||||||
13 | Sec. 10-16.7. Child support enforcement debit | ||||||
14 | authorization. | ||||||
15 | (a) For purposes of this Section: | ||||||
16 | "Financial institution" and "account" are defined as set | ||||||
17 | forth in Section 10-24.
| ||||||
18 | "Payor" is defined as set forth in Section 15 of the Income | ||||||
19 | Withholding for Support Act.
| ||||||
20 | "Order for support" means any order for periodic payment of | ||||||
21 | funds to the State Disbursement Unit for the support of a child | ||||||
22 | or, where applicable, for support of a child and a parent with | ||||||
23 | whom the child resides, that is entered or modified under this | ||||||
24 | Code or under the Illinois Marriage and Dissolution of Marriage | ||||||
25 | Act, the Non-Support of Spouse and Children Act, the |
| |||||||
| |||||||
1 | Non-Support Punishment Act, or the Illinois Parentage Act of | ||||||
2 | 1984, or the Illinois Parentage Act of 2013, or that is entered | ||||||
3 | or registered for modification or enforcement under the Uniform | ||||||
4 | Interstate Family Support Act.
| ||||||
5 | "Obligor" means an individual who owes a duty to make | ||||||
6 | payments under an order for support in a case in which child | ||||||
7 | support enforcement services are being provided under this | ||||||
8 | Article X. | ||||||
9 | (b) The Department of Public Aid (now Healthcare and Family | ||||||
10 | Services) shall adopt a child support enforcement debit | ||||||
11 | authorization form that, upon being signed by an obligor, | ||||||
12 | authorizes a financial institution holding an account on the | ||||||
13 | obligor's behalf to debit the obligor's account periodically in | ||||||
14 | an amount equal to the amount of child support that the obligor | ||||||
15 | is required to pay periodically and transfer that amount to the | ||||||
16 | State Disbursement Unit. The form shall include instructions to | ||||||
17 | the financial institution concerning the debiting of accounts | ||||||
18 | held on behalf of obligors and the transfer of the debited | ||||||
19 | amounts to the State Disbursement Unit. In adopting the form, | ||||||
20 | the Department may consult with the Office of Banks and Real | ||||||
21 | Estate and the Department of Financial Institutions. The | ||||||
22 | Department must adopt the form within 6 months after the | ||||||
23 | effective date of this amendatory Act of the 93rd General | ||||||
24 | Assembly. Promptly after adopting the form, the Department must | ||||||
25 | notify each financial institution conducting business in this | ||||||
26 | State that the form has been adopted and is ready for use. |
| |||||||
| |||||||
1 | (c) An obligor who does not have a payor may sign a child | ||||||
2 | support debit authorization form adopted by the Department | ||||||
3 | under this Section. The obligor may sign a form in relation to | ||||||
4 | any or all of the financial institutions holding an account on | ||||||
5 | the obligor's behalf. Promptly after an obligor signs a child | ||||||
6 | support debit authorization form, the Department shall send the | ||||||
7 | original signed form to the appropriate financial institution. | ||||||
8 | Subject to subsection (e), upon receiving the form, the | ||||||
9 | financial institution shall debit the account and transfer the | ||||||
10 | debited amounts to the State Disbursement Unit according to the | ||||||
11 | instructions in the form. A financial institution that complies | ||||||
12 | with a child support debit authorization form signed by an | ||||||
13 | obligor and issued under this Section shall not be subject to | ||||||
14 | civil liability with respect to any individual or any agency.
| ||||||
15 | (d) The signing and issuance of a child support debit | ||||||
16 | authorization form under this Section does not relieve the | ||||||
17 | obligor from responsibility for compliance with any | ||||||
18 | requirement under the order for support.
| ||||||
19 | (e) A financial institution is obligated to debit the | ||||||
20 | account of an obligor pursuant to this Section only if or to | ||||||
21 | the extent:
| ||||||
22 | (1) the financial institution reasonably believes the | ||||||
23 | debit authorization form is a true and authentic original | ||||||
24 | document;
| ||||||
25 | (2) there are finally collected funds in the account; | ||||||
26 | and
|
| |||||||
| |||||||
1 | (3) the account is not subject to offsetting claims of | ||||||
2 | the financial institution, whether due at the time of | ||||||
3 | receipt of the debit authorization form or thereafter to | ||||||
4 | become due and whether liquidated or unliquidated. | ||||||
5 | To the extent the account of the obligor is pledged or held | ||||||
6 | by the financial institution as security for a loan or other | ||||||
7 | obligation, or that the financial institution has any other | ||||||
8 | claim or lien against the account, the financial institution is | ||||||
9 | entitled to retain the account.
| ||||||
10 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
11 | (305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
| ||||||
12 | Sec. 10-17.
Other
Actions and Remedies for Support.
The | ||||||
13 | procedures, actions and remedies provided in this Article shall | ||||||
14 | in
no way be exclusive, but shall be available in addition to | ||||||
15 | other actions
and remedies of support, including, but not by | ||||||
16 | way of limitation, the
remedies provided in (a) the Illinois | ||||||
17 | Parentage Act of 2013 "Paternity Act", approved July 5, 1957, | ||||||
18 | as
amended ; (b) the "Non-Support of Spouse and Children Act", | ||||||
19 | approved June
24, 1915, as amended; (b-5) the Non-Support | ||||||
20 | Punishment Act; and (c) the
"Revised Uniform Reciprocal | ||||||
21 | Enforcement of
Support Act", approved August 28, 1969, as | ||||||
22 | amended.
| ||||||
23 | (Source: P.A. 91-613, eff. 10-1-99.)
| ||||||
24 | (305 ILCS 5/10-17.7)
|
| |||||||
| |||||||
1 | Sec. 10-17.7. Administrative determination of paternity. | ||||||
2 | The Illinois
Department may provide by rule for the | ||||||
3 | administrative determination of
paternity by the Child and | ||||||
4 | Spouse Support Unit in cases involving applicants
for or | ||||||
5 | recipients of financial aid under Article IV of this Act and | ||||||
6 | other
persons who are given access to the child support
| ||||||
7 | enforcement services of this
Article as provided in Section | ||||||
8 | 10-1, including persons similarly situated and
receiving | ||||||
9 | similar services in other states. The rules shall extend to | ||||||
10 | cases in
which the mother and alleged father voluntarily | ||||||
11 | acknowledge paternity in the
form required by the Illinois | ||||||
12 | Department or agree
to be bound by the results of genetic | ||||||
13 | testing or in which the alleged
father
has failed to respond to | ||||||
14 | a notification of support obligation issued under
Section 10-4 | ||||||
15 | and to cases of contested paternity. The Illinois
Department's | ||||||
16 | form for voluntary acknowledgement of paternity shall be the | ||||||
17 | same form prepared by the Illinois Department for use under the | ||||||
18 | requirements of Section 12 of the Vital Records Act. Any
| ||||||
19 | presumption provided for under the Illinois Parentage Act of
| ||||||
20 | 1984 or under the Illinois Parentage Act of 2013 on and after | ||||||
21 | the effective date of that Act shall apply to cases in which | ||||||
22 | paternity is determined under the rules of
the Illinois | ||||||
23 | Department. The rules shall provide for notice and an | ||||||
24 | opportunity
to be heard by the responsible relative and the | ||||||
25 | person receiving child support enforcement services under this | ||||||
26 | Article if paternity is
not
voluntarily acknowledged, and any |
| |||||||
| |||||||
1 | final administrative
decision rendered by the Illinois | ||||||
2 | Department shall be reviewed only under and
in accordance with | ||||||
3 | the Administrative Review Law. Determinations of paternity
| ||||||
4 | made by the Illinois Department under the rules authorized by | ||||||
5 | this Section
shall
have the full force and effect of a court | ||||||
6 | judgment of paternity entered under
the Illinois Parentage Act | ||||||
7 | of 1984 or under the Illinois Parentage Act of 2013 .
| ||||||
8 | In determining paternity in contested cases, the Illinois | ||||||
9 | Department shall
conduct the evidentiary hearing in accordance | ||||||
10 | with Article 4 of the Illinois Parentage Act of 2013 Section 11 | ||||||
11 | of the Parentage
Act of 1984 , except that references in that | ||||||
12 | Article Section to "the court" shall be
deemed to mean the | ||||||
13 | Illinois Department's hearing officer in cases in which
| ||||||
14 | paternity is determined administratively by the Illinois | ||||||
15 | Department.
| ||||||
16 | Notwithstanding any other provision of this Article, a
| ||||||
17 | default determination
of
paternity may be made if service of | ||||||
18 | the notice under Section 10-4 was made by
publication under the | ||||||
19 | rules for administrative paternity determination
authorized by | ||||||
20 | this Section. The rules as they pertain to service by
| ||||||
21 | publication shall (i) be based on the provisions of Section | ||||||
22 | 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide | ||||||
23 | for service by publication in cases
in which
the whereabouts of | ||||||
24 | the alleged father are unknown after diligent location
efforts | ||||||
25 | by the Child and Spouse Support Unit, and (iii) provide for | ||||||
26 | publication
of a notice of default paternity determination in |
| |||||||
| |||||||
1 | the same manner that the
notice under Section 10-4 was | ||||||
2 | published.
| ||||||
3 | The Illinois Department
may implement this Section through | ||||||
4 | the use of emergency rules in accordance
with Section 5-45 of | ||||||
5 | the Illinois Administrative Procedure Act. For purposes
of the | ||||||
6 | Illinois Administrative Procedure Act, the adoption of rules to
| ||||||
7 | implement this Section shall be considered an emergency and | ||||||
8 | necessary for
the public interest, safety, and welfare.
| ||||||
9 | (Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
| ||||||
10 | (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
| ||||||
11 | Sec. 10-19.
Support Payments Ordered Under Other Laws; | ||||||
12 | where
deposited. The Illinois Department and local | ||||||
13 | governmental units are
authorized to receive payments directed | ||||||
14 | by court order for the support
of recipients, as provided in | ||||||
15 | the following Acts:
| ||||||
16 | 1. "Non-Support of Spouse and Children Act", approved June | ||||||
17 | 24, 1915,
as amended,
| ||||||
18 | 1.5. The Non-Support Punishment Act,
| ||||||
19 | 2. "Illinois Marriage and Dissolution of Marriage Act", as | ||||||
20 | now or
hereafter amended,
| ||||||
21 | 3. The Illinois Parentage Act, as amended,
| ||||||
22 | 3.5. The Illinois Parentage Act of 2013, | ||||||
23 | 4. "Revised Uniform Reciprocal Enforcement of Support | ||||||
24 | Act", approved
August 28, 1969, as amended,
| ||||||
25 | 5. The Juvenile Court Act or the Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987, as amended,
| ||||||
2 | 6. The "Unified Code of Corrections", approved July 26, | ||||||
3 | 1972, as
amended,
| ||||||
4 | 7. Part 7 of Article XII of the Code of Civil Procedure, as | ||||||
5 | amended,
| ||||||
6 | 8. Part 8 of Article XII of the Code of Civil Procedure, as | ||||||
7 | amended, and
| ||||||
8 | 9. Other laws which may provide by judicial order for | ||||||
9 | direct
payment of support moneys.
| ||||||
10 | Payments under this Section to the Illinois Department | ||||||
11 | pursuant to the Child
Support Enforcement Program established | ||||||
12 | by Title IV-D of the Social Security
Act shall be paid into the | ||||||
13 | Child Support Enforcement Trust Fund. All
payments under this | ||||||
14 | Section to the Illinois Department of Human Services
shall be | ||||||
15 | deposited in the DHS Recoveries Trust Fund.
Disbursements from | ||||||
16 | these funds shall be as provided in Sections 12-9.1 and
12-10.2 | ||||||
17 | of this Code. Payments received by a local governmental
unit | ||||||
18 | shall be deposited in that unit's General Assistance Fund.
| ||||||
19 | To the extent the provisions of this Section are | ||||||
20 | inconsistent with the
requirements pertaining to the State | ||||||
21 | Disbursement Unit under Sections 10-10.4
and 10-26 of this | ||||||
22 | Code, the requirements pertaining to the State Disbursement
| ||||||
23 | Unit shall apply.
| ||||||
24 | (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613, | ||||||
25 | eff. 10-1-99;
92-16, eff. 6-28-01.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/10-25)
| ||||||
2 | Sec. 10-25.
Administrative liens and levies on real | ||||||
3 | property for
past-due child support.
| ||||||
4 | (a) Notwithstanding any other State or local law to the | ||||||
5 | contrary, the State shall have a lien on all legal and | ||||||
6 | equitable interests of
responsible relatives in their real | ||||||
7 | property
in the amount of past-due child support owing pursuant | ||||||
8 | to an order
for child support entered under Sections 10-10 and | ||||||
9 | 10-11 of this Code, or under
the Illinois Marriage and | ||||||
10 | Dissolution of Marriage Act, the Non-Support of
Spouse and | ||||||
11 | Children Act, the Non-Support Punishment Act, the Uniform
| ||||||
12 | Interstate Family Support Act, or the
Illinois Parentage Act of | ||||||
13 | 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
14 | (b) The Illinois Department shall provide by rule for | ||||||
15 | notice to and an
opportunity to be heard by each responsible | ||||||
16 | relative affected, and any final
administrative decision | ||||||
17 | rendered by the Illinois Department shall be reviewed
only | ||||||
18 | under
and in accordance with the Administrative Review Law.
| ||||||
19 | (c) When enforcing a lien under subsection (a) of this | ||||||
20 | Section, the
Illinois Department shall have the authority to | ||||||
21 | execute notices of
administrative liens and levies, which shall | ||||||
22 | contain the name and address of
the responsible relative, a | ||||||
23 | legal description of the real property
to be levied, the fact | ||||||
24 | that a lien
is being claimed for past-due child support, and | ||||||
25 | such other information as the
Illinois Department may by rule | ||||||
26 | prescribe. The Illinois Department shall
record the notice of |
| |||||||
| |||||||
1 | lien with the recorder or registrar of titles of
the county or | ||||||
2 | counties in which the real estate is located.
| ||||||
3 | (d) The State's lien under subsection (a) shall be
| ||||||
4 | enforceable upon the recording or filing of a notice of lien | ||||||
5 | with the recorder
or registrar of titles of the county or | ||||||
6 | counties in which the real estate is
located. The lien shall be | ||||||
7 | prior to any lien thereafter recorded or filed and
shall be | ||||||
8 | notice to a subsequent purchaser, assignor, or encumbrancer of | ||||||
9 | the
existence and nature of the lien. The lien shall be | ||||||
10 | inferior to the lien of
general taxes, special assessment, and | ||||||
11 | special taxes heretofore or hereafter
levied by any political | ||||||
12 | subdivision or municipal corporation of the State.
| ||||||
13 | In the event that title to the land to be affected by the | ||||||
14 | notice of lien is
registered under the Registered Titles | ||||||
15 | (Torrens) Act, the notice shall be filed
in the office of the | ||||||
16 | registrar of titles as a memorial or charge upon each
folium of | ||||||
17 | the register of titles affected by the notice; but the State | ||||||
18 | shall
not have a preference over the rights of any bona fide | ||||||
19 | purchaser, mortgagee,
judgment creditor, or other lien holders | ||||||
20 | registered prior to the registration
of the notice.
| ||||||
21 | (e) The recorder or registrar of titles of each county | ||||||
22 | shall procure
a file labeled "Child Support Lien Notices" and | ||||||
23 | an index book labeled "Child
Support Lien Notices". When notice | ||||||
24 | of any lien is presented to the recorder or
registrar of titles | ||||||
25 | for filing,
the recorder or registrar of titles shall file it | ||||||
26 | in numerical order in the
file and shall enter it
|
| |||||||
| |||||||
1 | alphabetically in the index. The entry shall show the name and | ||||||
2 | last known
address of the person named in the notice, the | ||||||
3 | serial number of the notice, the
date and hour of filing, and | ||||||
4 | the amount of child support due at the time when
the lien is | ||||||
5 | filed.
| ||||||
6 | (f) The Illinois Department shall not be required to | ||||||
7 | furnish bond or make a
deposit for or pay any costs or fees of | ||||||
8 | any court or officer thereof in any
legal proceeding involving | ||||||
9 | the lien.
| ||||||
10 | (g) To protect the lien of the State for past-due child | ||||||
11 | support, the
Illinois Department may, from funds that are | ||||||
12 | available for that purpose, pay
or provide for the payment of | ||||||
13 | necessary or essential repairs, purchase tax
certificates, pay | ||||||
14 | balances due on land contracts, or pay or cause to be
satisfied | ||||||
15 | any prior liens on the property to which the lien hereunder | ||||||
16 | applies.
| ||||||
17 | (h) A lien on real property under this Section shall be | ||||||
18 | released
pursuant
to Section 12-101 of the Code of Civil | ||||||
19 | Procedure.
| ||||||
20 | (i) The Illinois Department, acting in behalf of the
State, | ||||||
21 | may foreclose the lien in a judicial proceeding to the same | ||||||
22 | extent and
in the same manner as in the enforcement of other | ||||||
23 | liens. The process,
practice, and procedure for the foreclosure | ||||||
24 | shall be the same as provided in
the Code of Civil Procedure.
| ||||||
25 | (Source: P.A. 97-186, eff. 7-22-11.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/10-25.5)
| ||||||
2 | Sec. 10-25.5.
Administrative liens and levies on personal | ||||||
3 | property for
past-due child support.
| ||||||
4 | (a) Notwithstanding any other State or local law to the | ||||||
5 | contrary, the State shall have a lien on all legal and | ||||||
6 | equitable interests of
responsible relatives in their personal | ||||||
7 | property, including any account in a
financial institution as | ||||||
8 | defined
in Section 10-24, or in the case of an insurance | ||||||
9 | company or benefit association
only in accounts as defined in | ||||||
10 | Section 10-24, in the amount of past-due child
support owing | ||||||
11 | pursuant to an order
for child support entered under Sections | ||||||
12 | 10-10 and 10-11 of this Code, or under
the Illinois Marriage | ||||||
13 | and Dissolution of Marriage Act, the Non-Support of
Spouse and | ||||||
14 | Children Act, the Non-Support Punishment Act, the Uniform
| ||||||
15 | Interstate Family Support Act, or the
Illinois Parentage Act of | ||||||
16 | 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
17 | (b) The Illinois Department shall provide by rule for | ||||||
18 | notice to and an
opportunity to be heard by each responsible | ||||||
19 | relative affected, and any final
administrative decision | ||||||
20 | rendered by the Illinois Department shall be reviewed
only | ||||||
21 | under
and in accordance with the Administrative Review Law.
| ||||||
22 | (c) When enforcing a lien under subsection (a) of this | ||||||
23 | Section, the
Illinois Department shall have the authority to | ||||||
24 | execute notices of
administrative liens and levies, which shall | ||||||
25 | contain the name and address of
the responsible relative, a | ||||||
26 | description of the property
to be levied, the fact that a lien
|
| |||||||
| |||||||
1 | is being claimed for past-due child support, and such other | ||||||
2 | information as the
Illinois Department may by rule prescribe. | ||||||
3 | The Illinois Department may
serve the notice of lien or levy | ||||||
4 | upon any financial institution where
the accounts as defined in | ||||||
5 | Section 10-24 of the responsible relative may be
held, for | ||||||
6 | encumbrance or surrender of the accounts as defined in Section | ||||||
7 | 10-24
by the financial institution.
| ||||||
8 | (d) The Illinois Department shall enforce its lien against | ||||||
9 | the responsible
relative's personal property, other than | ||||||
10 | accounts as defined in Section 10-24
in financial institutions,
| ||||||
11 | and
levy upon such personal property in the manner provided for | ||||||
12 | enforcement of
judgments contained in Article XII of the Code | ||||||
13 | of Civil Procedure.
| ||||||
14 | (e) The Illinois Department shall not be required to | ||||||
15 | furnish bond or make a
deposit for or pay any costs or fees of | ||||||
16 | any court or officer thereof in any
legal proceeding involving | ||||||
17 | the lien.
| ||||||
18 | (f) To protect the lien of the State for past-due child | ||||||
19 | support, the
Illinois Department may, from funds that are | ||||||
20 | available for that purpose, pay
or provide for the payment of | ||||||
21 | necessary or essential repairs, purchase tax
certificates, or | ||||||
22 | pay or cause to be
satisfied any prior liens on the property to | ||||||
23 | which the lien hereunder applies.
| ||||||
24 | (g) A lien on personal property under this Section shall be | ||||||
25 | released
in the manner provided under Article XII
of the Code | ||||||
26 | of Civil Procedure.
Notwithstanding the foregoing, a lien under |
| |||||||
| |||||||
1 | this Section on accounts as defined
in Section 10-24 shall | ||||||
2 | expire upon the passage of 120 days from the date of
issuance | ||||||
3 | of the Notice of Lien or Levy by the Illinois Department. | ||||||
4 | However,
the lien
shall remain in effect during the pendency of | ||||||
5 | any appeal or protest.
| ||||||
6 | (h) A lien created under this Section is subordinate to any | ||||||
7 | prior lien of
the financial institution or any prior lien | ||||||
8 | holder or any prior right of
set-off that the financial | ||||||
9 | institution may have against the assets, or in the
case of an | ||||||
10 | insurance company or benefit association only in the accounts | ||||||
11 | as
defined in Section 10-24.
| ||||||
12 | (i) A financial institution has no obligation under this | ||||||
13 | Section to hold,
encumber, or surrender the assets, or in the | ||||||
14 | case of an insurance company or
benefit association only the | ||||||
15 | accounts as defined in Section 10-24, until the
financial
| ||||||
16 | institution has been properly served with a subpoena, summons, | ||||||
17 | warrant,
court or administrative order, or administrative lien | ||||||
18 | and levy requiring that
action.
| ||||||
19 | (Source: P.A. 97-186, eff. 7-22-11.)
| ||||||
20 | (305 ILCS 5/10-27)
| ||||||
21 | Sec. 10-27. State Case Registry.
| ||||||
22 | (a) The Illinois Department shall establish an automated | ||||||
23 | State Case
Registry to
contain records concerning child support | ||||||
24 | orders for parties receiving child
support enforcement | ||||||
25 | services under this Article X, and for all child support
orders |
| |||||||
| |||||||
1 | entered or modified on or after October 1, 1998. The State Case
| ||||||
2 | Registry shall include (i) the information filed with the | ||||||
3 | Illinois Department,
or filed with the clerk of the circuit | ||||||
4 | court and provided to the Illinois
Department, under the | ||||||
5 | provisions of Sections 10-10.5 and 10-11.2 of this Code,
| ||||||
6 | Section 505.3 of the Illinois Marriage and Dissolution of | ||||||
7 | Marriage Act, Section
30 of the Non-Support Punishment Act, and | ||||||
8 | Section 803 of the Illinois Parentage Act of 2013, and Section | ||||||
9 | 14.1 of the Illinois
Parentage Act of 1984, and (ii) any other | ||||||
10 | information required under Title IV,
Part D of the Social | ||||||
11 | Security Act or by the federal Department of Health and
Human | ||||||
12 | Services.
| ||||||
13 | (b) (Blank).
| ||||||
14 | (c) The Illinois Department shall maintain the following | ||||||
15 | payment information
on child support orders for parties | ||||||
16 | receiving child support
enforcement services
under
this | ||||||
17 | Article X:
| ||||||
18 | (1) the amount of monthly or other periodic support | ||||||
19 | owed under the order
and other amounts, including | ||||||
20 | arrearages, interest or late payment penalties,
and fees, | ||||||
21 | due or overdue under the order;
| ||||||
22 | (2) any amounts described in subdivision (1) of | ||||||
23 | subsection (d) that have
been
collected;
| ||||||
24 | (3) the distribution of the collected amounts; and
| ||||||
25 | (4) the amount of any lien imposed with respect to the | ||||||
26 | order pursuant to
Section 10-25 or Section 10-25.5 of this |
| |||||||
| |||||||
1 | Code.
| ||||||
2 | (d) The Illinois Department shall establish, update, | ||||||
3 | maintain, and monitor
case records in the Registry of parties | ||||||
4 | receiving child support
enforcement services under this | ||||||
5 | Article X, on the bases of:
| ||||||
6 | (1) information on administrative actions and | ||||||
7 | administrative and judicial
proceedings and orders | ||||||
8 | relating to paternity and support;
| ||||||
9 | (2) information obtained from comparison with federal, | ||||||
10 | State, and local
sources of information;
| ||||||
11 | (3) information on support collections and | ||||||
12 | distribution; and
| ||||||
13 | (4) any other relevant information.
| ||||||
14 | (e) The Illinois Department shall use the automated State | ||||||
15 | Case Registry to
share and compare information with, and | ||||||
16 | receive information from, other data
bases and information | ||||||
17 | comparison services in order to obtain (or provide)
information | ||||||
18 | necessary to enable the Illinois Department (or the federal
| ||||||
19 | Department of Health and Human Services or other State or | ||||||
20 | federal agencies) to
carry out the requirements of the child | ||||||
21 | support enforcement program established
under Title IV, Part D | ||||||
22 | of the Social Security Act. Such information comparison
| ||||||
23 | activities shall include the following:
| ||||||
24 | (1) Furnishing to the Federal Case Registry of Child | ||||||
25 | Support Orders (and
updating as necessary, with | ||||||
26 | information including notice of expiration of
orders) the |
| |||||||
| |||||||
1 | information specified by the federal Department of Health | ||||||
2 | and Human
Services in regulations.
| ||||||
3 | (2) Exchanging information with the Federal Parent | ||||||
4 | Locator Service for the
purposes specified in Section 453 | ||||||
5 | of the Social Security Act.
| ||||||
6 | (3) Exchanging information with State agencies (of | ||||||
7 | this State and of other
states) administering programs | ||||||
8 | funded under Title IV, Part A and Title XIX of
the Social | ||||||
9 | Security Act and other programs designated by the federal | ||||||
10 | Department
of Health and Human Services, as necessary to | ||||||
11 | perform responsibilities under
Title IV, Part D of the | ||||||
12 | Social Security Act and under such other programs.
| ||||||
13 | (4) Exchanging information with other agencies of this | ||||||
14 | State, agencies of
other states, and interstate | ||||||
15 | information networks, as necessary and appropriate
to | ||||||
16 | carry out (or assist other states to carry out) the | ||||||
17 | purposes of Title IV,
Part D of the Social Security Act.
| ||||||
18 | (5) Disclosing information to any other entities as | ||||||
19 | required under Title
IV, Part D of the Social Security Act.
| ||||||
20 | (f) The Illinois Department shall adopt rules establishing | ||||||
21 | safeguards,
applicable to all confidential information | ||||||
22 | included in the State Case Registry,
that are designed to | ||||||
23 | protect the privacy rights of persons concerning whom
| ||||||
24 | information is on record in the State Case Registry. Such | ||||||
25 | safeguards shall
include,
but not be limited to the following:
| ||||||
26 | (1) Prohibitions against the release of information on |
| |||||||
| |||||||
1 | the whereabouts of
one party or the child to another party | ||||||
2 | against whom a protective order with
respect to the former | ||||||
3 | party or the child has been entered.
| ||||||
4 | (2) Prohibitions against the release of information on | ||||||
5 | the whereabouts of
one party or the child to another party | ||||||
6 | if the Illinois Department has
reasonable evidence of | ||||||
7 | domestic violence or child abuse (that is, allegations
of
| ||||||
8 | domestic violence or child abuse, unless the Illinois | ||||||
9 | Department has an
independent, reasonable basis to find the | ||||||
10 | person making the allegation not
credible) to the former | ||||||
11 | party or child by the party requesting information.
| ||||||
12 | (3) Prohibitions against the release of information on | ||||||
13 | the whereabouts of
one party or the child to another person | ||||||
14 | if the Illinois Department has reason
to believe the | ||||||
15 | release of information to that person may result in | ||||||
16 | physical or
emotional harm to the party or child.
| ||||||
17 | (Source: P.A. 92-463, eff. 8-22-01.)
| ||||||
18 | (305 ILCS 5/12-4.7c)
| ||||||
19 | Sec. 12-4.7c. Exchange of information after July 1, 1997.
| ||||||
20 | (a) The Department of Human Services shall exchange with | ||||||
21 | the
Department of Healthcare and Family Services information
| ||||||
22 | that may be necessary for the enforcement of child support | ||||||
23 | orders
entered pursuant to Sections 10-10 and 10-11 of this | ||||||
24 | Code or pursuant to
the Illinois Marriage and Dissolution of | ||||||
25 | Marriage Act, the Non-Support
of Spouse and Children Act, the |
| |||||||
| |||||||
1 | Non-Support Punishment Act, the Revised
Uniform Reciprocal | ||||||
2 | Enforcement of
Support Act, the Uniform Interstate Family | ||||||
3 | Support Act,
or the Illinois Parentage Act of 1984 , or the | ||||||
4 | Illinois Parentage Act of 2013 .
| ||||||
5 | (b) Notwithstanding any provisions in this Code to the | ||||||
6 | contrary,
the Department of Human Services shall not be liable
| ||||||
7 | to any person for any disclosure of information to the
| ||||||
8 | Department of Healthcare and Family Services (formerly
| ||||||
9 | Illinois Department of Public Aid) under subsection (a)
or for | ||||||
10 | any other
action taken in good faith to comply with the | ||||||
11 | requirements of subsection
(a).
| ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
13 | Section 957. The Genetic Information Privacy Act is amended | ||||||
14 | by changing Sections 22 and 30 as follows:
| ||||||
15 | (410 ILCS 513/22)
| ||||||
16 | Sec. 22. Tests to determine inherited characteristics in | ||||||
17 | paternity
proceedings. Nothing in this Act shall be construed | ||||||
18 | to affect or restrict in
any way the ordering of or use of | ||||||
19 | results from deoxyribonucleic acid (DNA)
testing or other tests | ||||||
20 | to determine inherited characteristics by the court in a
| ||||||
21 | judicial proceeding under the Illinois Parentage Act of 1984 or | ||||||
22 | under the Illinois Parentage Act of 2013 on and after the | ||||||
23 | effective date of that Act or by the
Department of Healthcare | ||||||
24 | and Family Services in an administrative paternity proceeding
|
| |||||||
| |||||||
1 | under Article X of the Illinois Public Aid Code and rules | ||||||
2 | promulgated under
that Article.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | (410 ILCS 513/30)
| ||||||
5 | Sec. 30. Disclosure of person tested and test results.
| ||||||
6 | (a) No person may disclose or be compelled to disclose the | ||||||
7 | identity of any
person upon whom a genetic test is performed or | ||||||
8 | the results of a genetic test
in a manner that permits | ||||||
9 | identification of the subject of the test, except to
the | ||||||
10 | following persons:
| ||||||
11 | (1) The subject of the test or the subject's legally | ||||||
12 | authorized
representative. This paragraph does not create | ||||||
13 | a duty or obligation under
which a health care provider | ||||||
14 | must notify the subject's spouse or legal guardian
of the | ||||||
15 | test results, and no such duty or obligation shall be | ||||||
16 | implied. No civil
liability or criminal sanction under this | ||||||
17 | Act shall
be imposed for any disclosure or nondisclosure of | ||||||
18 | a test result to a spouse by
a physician acting in good | ||||||
19 | faith under this paragraph. For the purpose of any
| ||||||
20 | proceedings, civil or criminal, the good faith of any | ||||||
21 | physician acting under
this paragraph shall be presumed.
| ||||||
22 | (2) Any person designated in a specific written legally | ||||||
23 | effective release
of the test results executed by the | ||||||
24 | subject of the test or the subject's
legally
authorized | ||||||
25 | representative.
|
| |||||||
| |||||||
1 | (3) An authorized agent or employee of a health | ||||||
2 | facility or health care
provider if the health facility or | ||||||
3 | health care provider itself is authorized to
obtain the | ||||||
4 | test results, the agent or employee provides patient care, | ||||||
5 | and the
agent or employee has a need to know the | ||||||
6 | information in order to conduct the
tests or provide care | ||||||
7 | or treatment.
| ||||||
8 | (4) A health facility or health care provider that | ||||||
9 | procures, processes,
distributes, or uses:
| ||||||
10 | (A) a human body part from a deceased person with | ||||||
11 | respect to
medical information regarding that person; | ||||||
12 | or
| ||||||
13 | (B) semen provided prior to the effective date of | ||||||
14 | this Act for the
purpose of artificial insemination.
| ||||||
15 | (5) Health facility staff committees for the purposes | ||||||
16 | of conducting
program
monitoring, program evaluation, or | ||||||
17 | service reviews.
| ||||||
18 | (6) In the case of a minor under 18 years of age, the | ||||||
19 | health care provider
who ordered the test shall make a | ||||||
20 | reasonable effort to notify the minor's
parent or legal | ||||||
21 | guardian if, in the professional judgment of the health | ||||||
22 | care
provider, notification would be in the best interest | ||||||
23 | of the minor and the
health care provider has first sought | ||||||
24 | unsuccessfully to persuade the minor to
notify the parent | ||||||
25 | or legal guardian or after a reasonable time after the | ||||||
26 | minor
has agreed to notify the parent or legal guardian, |
| |||||||
| |||||||
1 | the health care provider has
reason to believe that the | ||||||
2 | minor has not made the notification. This paragraph
shall | ||||||
3 | not
create a duty or obligation under which a health care | ||||||
4 | provider must notify the
minor's parent or legal guardian | ||||||
5 | of the test results, nor shall a duty or
obligation be | ||||||
6 | implied. No civil liability or criminal sanction under this | ||||||
7 | Act
shall be imposed for any notification or | ||||||
8 | non-notification of a minor's test
result by a health care | ||||||
9 | provider acting in good faith under this paragraph.
For the | ||||||
10 | purpose of any proceeding, civil or criminal, the good | ||||||
11 | faith of any
health care provider acting under this | ||||||
12 | paragraph shall be presumed.
| ||||||
13 | (7) All information and records held by a State agency | ||||||
14 | or local health
authority pertaining to genetic | ||||||
15 | information shall be strictly confidential
and
exempt from | ||||||
16 | copying and inspection under the Freedom of Information | ||||||
17 | Act. The
information and records shall not be released or | ||||||
18 | made public by the State
agency or local health authority | ||||||
19 | and shall not be admissible as evidence nor
discoverable in | ||||||
20 | any action of any kind in any court or before any tribunal,
| ||||||
21 | board, agency, or person and shall be treated in the same | ||||||
22 | manner as the
information and those records subject to the | ||||||
23 | provisions of Part 21 of
Article VIII of
the Code
of Civil | ||||||
24 | Procedure except under the following circumstances:
| ||||||
25 | (A) when made with the written consent of all | ||||||
26 | persons to whom the
information pertains;
|
| |||||||
| |||||||
1 | (B) when authorized by Section 5-4-3 of the Unified | ||||||
2 | Code of Corrections;
| ||||||
3 | (C) when made for the sole purpose of implementing | ||||||
4 | the Newborn Metabolic Screening
Act and rules; or
| ||||||
5 | (D) when made under the authorization of the | ||||||
6 | Illinois Parentage Act of
2013 1984 .
| ||||||
7 | Disclosure shall be limited to those who have a need to | ||||||
8 | know the information,
and no additional disclosures may be | ||||||
9 | made.
| ||||||
10 | (b) Disclosure by an insurer in accordance with the | ||||||
11 | requirements of the
Article XL of the Illinois Insurance Code | ||||||
12 | shall be deemed compliance with this
Section.
| ||||||
13 | (Source: P.A. 96-328, eff. 8-11-09.)
| ||||||
14 | Section 958. The Vital Records Act is amended by changing | ||||||
15 | Sections 12 and 24 as follows:
| ||||||
16 | (410 ILCS 535/12)
| ||||||
17 | Sec. 12. Live births; place of registration.
| ||||||
18 | (1) Each live birth which occurs in this State shall be | ||||||
19 | registered
with the local or subregistrar of the district in | ||||||
20 | which the birth occurred
as provided in this Section, within 7 | ||||||
21 | days after the birth. When a
birth occurs on a moving | ||||||
22 | conveyance, the city, village, township, or road
district in | ||||||
23 | which the child is first removed from the conveyance shall be
| ||||||
24 | considered the place of birth and a birth certificate shall be |
| |||||||
| |||||||
1 | filed in the
registration district in which the place is | ||||||
2 | located.
| ||||||
3 | (2) When a birth occurs in an institution, the person in | ||||||
4 | charge of the
institution or his designated representative | ||||||
5 | shall obtain and record all
the personal and statistical | ||||||
6 | particulars relative to the parents of the
child that are | ||||||
7 | required to properly complete the live birth certificate; shall
| ||||||
8 | secure the required
personal signatures on the hospital | ||||||
9 | worksheet; shall prepare the certificate
from this worksheet; | ||||||
10 | and shall file the certificate with the local
registrar. The | ||||||
11 | institution shall retain the hospital worksheet permanently or
| ||||||
12 | as
otherwise specified by rule. The
physician in attendance | ||||||
13 | shall verify or provide the date of birth and
medical | ||||||
14 | information required by the certificate, within 24 hours after | ||||||
15 | the
birth occurs.
| ||||||
16 | (3) When a birth occurs outside an institution, the | ||||||
17 | certificate shall be
prepared and filed by one of the following | ||||||
18 | in the indicated order of
priority:
| ||||||
19 | (a) The physician in attendance at or immediately after | ||||||
20 | the birth, or in
the absence of such a person,
| ||||||
21 | (b) Any other person in attendance at or immediately | ||||||
22 | after the birth, or
in the absence of such a person,
| ||||||
23 | (c) The father, the mother, or in the absence of the | ||||||
24 | father and the
inability of the mother, the person in | ||||||
25 | charge of the premises where the
birth occurred.
| ||||||
26 | (4) Unless otherwise provided in this Act, if the mother |
| |||||||
| |||||||
1 | was not married
to the father of the child at either the time | ||||||
2 | of conception or the time of
birth, the name of the father | ||||||
3 | shall be entered on the child's
birth certificate only if the | ||||||
4 | mother and the person to be named as the father
have signed an | ||||||
5 | acknowledgment of parentage in accordance with subsection (5).
| ||||||
6 | Unless otherwise provided in this Act, if the mother was | ||||||
7 | married at the time
of conception or birth and the presumed | ||||||
8 | father (that is, the mother's husband)
is not the biological | ||||||
9 | father of the child, the name of the
biological father shall be | ||||||
10 | entered on the child's birth certificate only if, in
accordance | ||||||
11 | with subsection (5), (i)
the mother and the person to be named | ||||||
12 | as the father have signed an
acknowledgment of parentage and | ||||||
13 | (ii) the mother and presumed father have signed
a denial of | ||||||
14 | paternity.
| ||||||
15 | (5) Upon the birth of a child to an unmarried woman, or | ||||||
16 | upon the birth of
a child to a woman who was married at the time | ||||||
17 | of conception or birth and whose
husband is not the biological | ||||||
18 | father of the child, the institution at the time
of birth and | ||||||
19 | the local registrar or county clerk after the birth shall do | ||||||
20 | the
following:
| ||||||
21 | (a) Provide (i) an opportunity for the child's mother | ||||||
22 | and father to sign
an acknowledgment of parentage and (ii) | ||||||
23 | if the presumed father is not the
biological father, an | ||||||
24 | opportunity for the mother and presumed father to sign a
| ||||||
25 | denial of paternity. The signing and witnessing of the | ||||||
26 | acknowledgment of
parentage or, if the presumed father of |
| |||||||
| |||||||
1 | the child is not the biological father,
the acknowledgment | ||||||
2 | of parentage and denial of paternity conclusively
| ||||||
3 | establishes a parent and child relationship in accordance | ||||||
4 | with Sections 5 and 6
of the Illinois Parentage Act of 1984 | ||||||
5 | and with the Illinois Parentage Act of 2013 on and after | ||||||
6 | the effective date of that Act .
| ||||||
7 | The Department of Healthcare and Family Services shall | ||||||
8 | furnish
the acknowledgment of parentage and denial of | ||||||
9 | paternity form to institutions,
county clerks, and State | ||||||
10 | and local registrars' offices. The form shall
include
| ||||||
11 | instructions to send the
original signed and witnessed | ||||||
12 | acknowledgment of parentage and denial of
paternity to the | ||||||
13 | Department of Healthcare and Family Services. The | ||||||
14 | acknowledgement of paternity and denial of paternity form | ||||||
15 | shall also include a statement informing the mother, the | ||||||
16 | alleged father, and the presumed father, if any, that they | ||||||
17 | have the right to request deoxyribonucleic acid (DNA) tests | ||||||
18 | regarding the issue of the child's paternity and that by | ||||||
19 | signing the form, they expressly waive such tests. The | ||||||
20 | statement shall be set forth in bold-face capital letters | ||||||
21 | not less than 0.25 inches in height.
| ||||||
22 | (b) Provide the following documents, furnished by the | ||||||
23 | Department
of Healthcare and Family Services, to the | ||||||
24 | child's mother, biological father, and (if the person
| ||||||
25 | presumed to be the child's father is not the biological | ||||||
26 | father) presumed father
for their review at
the time the |
| |||||||
| |||||||
1 | opportunity is provided to establish a parent and child
| ||||||
2 | relationship:
| ||||||
3 | (i) An explanation of the implications of, | ||||||
4 | alternatives to, legal
consequences of, and the rights | ||||||
5 | and responsibilities
that arise from signing an
| ||||||
6 | acknowledgment of parentage and, if necessary, a | ||||||
7 | denial of
paternity, including an explanation of the | ||||||
8 | parental rights and
responsibilities of child support, | ||||||
9 | visitation, custody, retroactive support,
health | ||||||
10 | insurance coverage, and payment of birth expenses.
| ||||||
11 | (ii) An explanation of the benefits of having a | ||||||
12 | child's parentage
established and the availability of | ||||||
13 | parentage establishment and child
support
enforcement | ||||||
14 | services.
| ||||||
15 | (iii) A request for an application for child | ||||||
16 | support enforcement
services from
the
Department of | ||||||
17 | Healthcare and Family Services.
| ||||||
18 | (iv) Instructions concerning the opportunity to | ||||||
19 | speak, either by
telephone or in person, with staff of
| ||||||
20 | the Department of Healthcare and Family Services who | ||||||
21 | are trained to clarify information
and answer | ||||||
22 | questions about paternity establishment.
| ||||||
23 | (v) Instructions for completing and signing the | ||||||
24 | acknowledgment of
parentage and denial of paternity.
| ||||||
25 | (c) Provide an oral explanation of the documents and | ||||||
26 | instructions set
forth in subdivision (5)(b), including an |
| |||||||
| |||||||
1 | explanation of the implications of,
alternatives to, legal | ||||||
2 | consequences of, and the rights and responsibilities
that | ||||||
3 | arise from signing an acknowledgment of parentage and, if | ||||||
4 | necessary, a
denial of paternity. The oral explanation may | ||||||
5 | be given in person or through
the use of video or audio | ||||||
6 | equipment.
| ||||||
7 | (6) The institution, State or local registrar, or county | ||||||
8 | clerk shall provide
an
opportunity for the child's father or | ||||||
9 | mother to sign a rescission of parentage.
The signing and | ||||||
10 | witnessing of the rescission of parentage voids the
| ||||||
11 | acknowledgment of parentage and nullifies the presumption of | ||||||
12 | paternity if
executed and filed with the Department of | ||||||
13 | Healthcare and Family Services (formerly Illinois Department | ||||||
14 | of Public Aid) within the
time frame contained in Section 5
of | ||||||
15 | the Illinois Parentage Act of 1984 or Section 307 of the | ||||||
16 | Illinois Parentage Act of 2013 on and after the effective date | ||||||
17 | of that Act .
The Department of Healthcare and Family Services | ||||||
18 | shall furnish the rescission of parentage
form to institutions, | ||||||
19 | county clerks, and State and local registrars' offices.
The | ||||||
20 | form shall include instructions to send the original signed and | ||||||
21 | witnessed
rescission of parentage to the Department of | ||||||
22 | Healthcare and Family Services.
| ||||||
23 | (7) An acknowledgment of paternity signed pursuant to | ||||||
24 | Section 6 of the
Illinois Parentage Act of 1984 or Section 302 | ||||||
25 | of the Illinois Parentage Act of 2013 on and after the | ||||||
26 | effective date of that Act may be challenged in court only on |
| |||||||
| |||||||
1 | the basis of
fraud, duress, or material mistake of fact, with | ||||||
2 | the burden of proof upon the
challenging party. Pending outcome | ||||||
3 | of a challenge to the acknowledgment of
paternity, the legal | ||||||
4 | responsibilities of the signatories shall remain in full
force | ||||||
5 | and effect, except upon order of the court upon a showing of | ||||||
6 | good cause.
| ||||||
7 | (8) When the process for acknowledgment of parentage as | ||||||
8 | provided for under
subsection (5) establishes the paternity of | ||||||
9 | a child whose certificate of birth
is on file in
another state, | ||||||
10 | the Department of Healthcare and Family Services shall forward | ||||||
11 | a copy of
the
acknowledgment of parentage, the denial of | ||||||
12 | paternity, if applicable, and the
rescission of parentage, if | ||||||
13 | applicable, to the birth record agency of the state
where the | ||||||
14 | child's certificate of birth is on file.
| ||||||
15 | (9) In the event the parent-child relationship has been | ||||||
16 | established in
accordance with subdivision (a)(1) of Section 6 | ||||||
17 | of the Parentage Act of 1984,
the names of the biological | ||||||
18 | mother and biological father so established shall
be entered on | ||||||
19 | the child's birth certificate, and the names of the surrogate
| ||||||
20 | mother and surrogate mother's husband, if any, shall not be on | ||||||
21 | the birth
certificate.
| ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09; | ||||||
23 | 96-474, eff. 8-14-09; 96-1000, eff. 7-2-10.)
| ||||||
24 | (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
| ||||||
25 | Sec. 24. (1) To protect the integrity of vital records, to |
| |||||||
| |||||||
1 | insure their
proper use, and to insure the efficient and proper | ||||||
2 | administration of the
vital records system, access to vital | ||||||
3 | records, and indexes thereof,
including vital records in the | ||||||
4 | custody of local registrars and county
clerks originating prior | ||||||
5 | to January 1, 1916, is limited to the custodian
and his | ||||||
6 | employees, and then only for administrative purposes, except | ||||||
7 | that
the indexes of those records in the custody of local | ||||||
8 | registrars and county
clerks, originating prior to January 1, | ||||||
9 | 1916, shall be made available to
persons for the purpose of | ||||||
10 | genealogical research. Original, photographic or
| ||||||
11 | microphotographic reproductions of original records of births | ||||||
12 | 100 years old
and older and deaths 50 years old and older, and | ||||||
13 | marriage records 75 years
old and older on file in the State | ||||||
14 | Office of Vital Records and in the
custody of the county clerks | ||||||
15 | may be made available for inspection in the
Illinois State | ||||||
16 | Archives reference area, Illinois Regional Archives
| ||||||
17 | Depositories, and other libraries approved by the Illinois | ||||||
18 | State
Registrar and the Director of the Illinois State | ||||||
19 | Archives, provided that
the photographic or microphotographic | ||||||
20 | copies are made at no cost to the
county or to the State of | ||||||
21 | Illinois. It is unlawful for any custodian to
permit inspection | ||||||
22 | of, or to disclose information contained in, vital
records, or | ||||||
23 | to copy or permit to be copied, all or part of any such record
| ||||||
24 | except as authorized by this Act or regulations adopted | ||||||
25 | pursuant thereto.
| ||||||
26 | (2) The State Registrar of Vital Records, or his agent, and |
| |||||||
| |||||||
1 | any
municipal, county, multi-county, public health district, | ||||||
2 | or regional health
officer recognized by the Department may | ||||||
3 | examine vital records for the
purpose only of carrying out the | ||||||
4 | public health programs and
responsibilities under his | ||||||
5 | jurisdiction.
| ||||||
6 | (3) The State Registrar of Vital Records, may disclose, or | ||||||
7 | authorize the
disclosure of, data contained in the vital | ||||||
8 | records when deemed essential
for bona fide research purposes | ||||||
9 | which are not for private gain.
| ||||||
10 | This amendatory Act of 1973 does not apply to any home rule | ||||||
11 | unit.
| ||||||
12 | (4) The State Registrar shall exchange with the
Department | ||||||
13 | of Healthcare and Family Services
information that
may be | ||||||
14 | necessary for the establishment of paternity and the | ||||||
15 | establishment,
modification, and enforcement of child support | ||||||
16 | orders
entered pursuant to the Illinois Public Aid Code, the | ||||||
17 | Illinois
Marriage and Dissolution of Marriage Act, the | ||||||
18 | 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 Illinois Parentage Act | ||||||
22 | of 2013 .
Notwithstanding any provisions in this Act to the
| ||||||
23 | contrary, the State Registrar shall not be liable
to any person | ||||||
24 | for any disclosure of information to the
Department of | ||||||
25 | Healthcare and Family Services (formerly Illinois Department | ||||||
26 | of Public Aid)
under this subsection
or for any
other action |
| |||||||
| |||||||
1 | taken in good faith to comply with the requirements of this
| ||||||
2 | subsection.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | Section 959. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 2-109.1 and 7-703 as follows:
| ||||||
6 | (625 ILCS 5/2-109.1)
| ||||||
7 | Sec. 2-109.1. Exchange of information.
| ||||||
8 | (a) The Secretary of State shall exchange information with | ||||||
9 | the
Department of Healthcare and Family Services which may be | ||||||
10 | necessary for
the establishment of
paternity and the | ||||||
11 | establishment, modification, and enforcement of child
support | ||||||
12 | orders pursuant to
the Illinois Public Aid Code, the Illinois
| ||||||
13 | Marriage and Dissolution of Marriage Act, the Non-Support of
| ||||||
14 | Spouse and Children Act, the Non-Support Punishment Act, the | ||||||
15 | Revised
Uniform Reciprocal Enforcement of Support
Act, the | ||||||
16 | Uniform Interstate Family Support
Act, or the Illinois | ||||||
17 | Parentage Act of 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
18 | (b) Notwithstanding any provisions in this Code to the
| ||||||
19 | contrary, the Secretary of State shall not be liable
to any | ||||||
20 | person for any disclosure of information to the
Department of | ||||||
21 | Healthcare and Family Services (formerly Illinois Department | ||||||
22 | of Public Aid) under subsection (a)
or for any
other action | ||||||
23 | taken in good faith to comply with the requirements of
| ||||||
24 | subsection (a).
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
2 | (625 ILCS 5/7-703)
| ||||||
3 | Sec. 7-703. Courts to report non-payment of court ordered | ||||||
4 | support or orders concerning driving privileges.
| ||||||
5 | (a) The
clerk of the circuit court, as provided in | ||||||
6 | subsection (b) of Section 505 of the
Illinois Marriage and | ||||||
7 | Dissolution of Marriage Act or as provided in Section 15
of the | ||||||
8 | Illinois Parentage Act of 2013 1984 , shall forward to the | ||||||
9 | Secretary of
State, on a form prescribed by the Secretary, an | ||||||
10 | authenticated document
certifying the court's order suspending | ||||||
11 | the driving privileges of the obligor.
For any such | ||||||
12 | certification, the clerk of the court shall charge the obligor | ||||||
13 | a
fee of $5 as provided in the Clerks of Courts Act.
| ||||||
14 | (b) If an obligor has been adjudicated in arrears in court | ||||||
15 | ordered child
support payments in an amount equal to 90 days | ||||||
16 | obligation or more but has not
been held in contempt of court, | ||||||
17 | the circuit court may order that the obligor's
driving | ||||||
18 | privileges be suspended. If the circuit court orders that the
| ||||||
19 | obligor's driving privileges be suspended, it shall forward to | ||||||
20 | the Secretary of
State, on a form prescribed by the Secretary, | ||||||
21 | an authenticated document
certifying the court's order | ||||||
22 | suspending the driving privileges of the obligor.
The | ||||||
23 | authenticated document shall
be forwarded to the Secretary of | ||||||
24 | State by the court no later than 45 days after
entry of the | ||||||
25 | order suspending the obligor's driving privileges.
|
| |||||||
| |||||||
1 | (c) The clerk of the circuit court, as provided in | ||||||
2 | subsection (c-1) of Section 607.1 of the Illinois Marriage and | ||||||
3 | Dissolution of Marriage Act, shall forward to the Secretary of | ||||||
4 | State, on a form prescribed by the Secretary, an authenticated | ||||||
5 | document certifying the court's order suspending the driving | ||||||
6 | privileges of the party. For any such certification, the clerk | ||||||
7 | of the court shall charge the party a fee of $5 as provided in | ||||||
8 | the Clerks of Courts Act. | ||||||
9 | (d) If a party has been adjudicated to have engaged in | ||||||
10 | visitation abuse, the circuit court may order that the party's | ||||||
11 | driving privileges be suspended. If the circuit court orders | ||||||
12 | that the party's driving privileges be suspended, it shall | ||||||
13 | forward to the Secretary of State, on a form prescribed by the | ||||||
14 | Secretary, an authenticated document certifying the court's | ||||||
15 | order suspending the driving privileges of the party. The | ||||||
16 | authenticated document shall be forwarded to the Secretary of | ||||||
17 | State by the court no later than 45 days after entry of the | ||||||
18 | order suspending the party's driving privileges. | ||||||
19 | (Source: P.A. 97-1047, eff. 8-21-12.)
| ||||||
20 | Section 960. The Clerks of Courts Act is amended by | ||||||
21 | changing Section 27.1a as follows:
| ||||||
22 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| ||||||
23 | Sec. 27.1a. The fees of the clerks of the circuit court in | ||||||
24 | all
counties having a population of not more than
500,000 |
| |||||||
| |||||||
1 | inhabitants in the instances described in this Section
shall be | ||||||
2 | as provided in this Section.
In those instances where a minimum | ||||||
3 | and maximum fee is stated, the clerk of
the circuit court must | ||||||
4 | charge the minimum fee listed and may charge up to the
maximum | ||||||
5 | fee if the county board has by resolution increased the fee.
| ||||||
6 | The fees shall be paid in advance and
shall be as follows:
| ||||||
7 | (a) Civil Cases.
| ||||||
8 | The fee for filing a complaint, petition, or other | ||||||
9 | pleading initiating
a civil action, with the following | ||||||
10 | exceptions, shall be a minimum of $40 and
a maximum of | ||||||
11 | $160.
| ||||||
12 | (A) When the amount of money or damages or the | ||||||
13 | value of personal
property claimed does not exceed | ||||||
14 | $250, $10.
| ||||||
15 | (B) When that amount exceeds $250 but does not | ||||||
16 | exceed $500, a minimum
of $10 and a maximum of $20.
| ||||||
17 | (C) When that amount exceeds $500 but does not | ||||||
18 | exceed $2500, a minimum
of $25 and a maximum of $40.
| ||||||
19 | (D) When that amount exceeds $2500 but does not | ||||||
20 | exceed $15,000, a
minimum of $25 and a maximum of $75.
| ||||||
21 | (E) For the exercise of eminent domain, a minimum | ||||||
22 | of $45 and
a maximum of $150. For each additional
lot | ||||||
23 | or tract of land or right or interest therein subject | ||||||
24 | to be condemned,
the damages in respect to which shall | ||||||
25 | require separate assessment by a
jury, a minimum of $45 | ||||||
26 | and a maximum of $150.
|
| |||||||
| |||||||
1 | (a-1) Family.
| ||||||
2 | For filing a petition under the Juvenile Court Act of | ||||||
3 | 1987, $25.
| ||||||
4 | For filing a petition for a marriage license, $10.
| ||||||
5 | For performing a marriage in court, $10.
| ||||||
6 | For filing a petition under the Illinois Parentage Act | ||||||
7 | of 2013 1984 , $40.
| ||||||
8 | (b) Forcible Entry and Detainer.
| ||||||
9 | In each forcible entry and detainer case when the | ||||||
10 | plaintiff seeks
possession only or unites with his or her | ||||||
11 | claim for possession of the property
a claim for rent or | ||||||
12 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
13 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
14 | or her claim for possession with a claim for
rent or | ||||||
15 | damages or both exceeding $15,000, a minimum of $40 and a | ||||||
16 | maximum of
$160.
| ||||||
17 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
18 | When any defendant files a counterclaim as part of his | ||||||
19 | or her
answer or otherwise or joins another party as a | ||||||
20 | third party defendant, or
both, the defendant shall pay a | ||||||
21 | fee for each counterclaim or third
party action in an | ||||||
22 | amount equal to the fee he or she would have had to pay
had | ||||||
23 | he or she brought a separate action for the relief sought | ||||||
24 | in the
counterclaim or against the third party defendant, | ||||||
25 | less the amount of the
appearance fee, if that has been | ||||||
26 | paid.
|
| |||||||
| |||||||
1 | (d) Confession of Judgment.
| ||||||
2 | In a confession of judgment when the amount does not | ||||||
3 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
4 | the amount exceeds $1500, but does not exceed $15,000, a
| ||||||
5 | minimum of $40 and a maximum of $115. When the
amount | ||||||
6 | exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||||||
7 | (e) Appearance.
| ||||||
8 | The fee for filing an appearance in each civil case | ||||||
9 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
10 | follows:
| ||||||
11 | (A) When the plaintiff in a forcible entry and | ||||||
12 | detainer case seeks
possession only, a minimum of $10 | ||||||
13 | and a maximum of $50.
| ||||||
14 | (B) When the amount in the case does not exceed | ||||||
15 | $1500, a minimum of
$10 and a maximum of $30.
| ||||||
16 | (C) When that amount exceeds $1500 but does not | ||||||
17 | exceed $15,000, a
minimum of $15 and a maximum of $60.
| ||||||
18 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
19 | In garnishment affidavit, wage deduction affidavit, | ||||||
20 | and citation
petition when the amount does not exceed | ||||||
21 | $1,000, a minimum of $5 and a
maximum
of $15; when the | ||||||
22 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
23 | of $5 and a maximum of
$30; and when the amount exceeds
| ||||||
24 | $5,000, a minimum of $5 and a maximum of $50.
| ||||||
25 | (g) Petition to Vacate or Modify.
| ||||||
26 | (1) Petition to vacate or modify any final judgment or |
| |||||||
| |||||||
1 | order of
court, except in forcible entry and detainer cases | ||||||
2 | and small claims cases
or a petition to reopen an estate, | ||||||
3 | to modify, terminate, or enforce a
judgment or order for | ||||||
4 | child or spousal support, or to modify, suspend, or
| ||||||
5 | terminate an order for withholding, if filed before 30 days | ||||||
6 | after the entry
of the judgment or order, a minimum of $20 | ||||||
7 | and a maximum of $50.
| ||||||
8 | (2) Petition to vacate or modify any final judgment or | ||||||
9 | order of court,
except a petition to modify, terminate, or | ||||||
10 | enforce a judgment or order for
child or spousal support or | ||||||
11 | to modify, suspend, or terminate an order for
withholding, | ||||||
12 | if filed later than 30 days after the entry of the judgment | ||||||
13 | or
order, a minimum of $20 and a maximum of $75.
| ||||||
14 | (3) Petition to vacate order of bond forfeiture, a | ||||||
15 | minimum of $10 and a
maximum of $40.
| ||||||
16 | (h) Mailing.
| ||||||
17 | When the clerk is required to mail, the fee will be a | ||||||
18 | minimum of $2 and a
maximum of $10,
plus the cost of | ||||||
19 | postage.
| ||||||
20 | (i) Certified Copies.
| ||||||
21 | Each certified copy of a judgment after the first, | ||||||
22 | except in small
claims and forcible entry and detainer | ||||||
23 | cases, a minimum of $2 and a maximum
of $10.
| ||||||
24 | (j) Habeas Corpus.
| ||||||
25 | For filing a petition for relief by habeas corpus, a | ||||||
26 | minimum of $60 and a
maximum of $100.
|
| |||||||
| |||||||
1 | (k) Certification, Authentication, and Reproduction.
| ||||||
2 | (1) Each certification or authentication for taking | ||||||
3 | the acknowledgment
of a deed or other instrument in writing | ||||||
4 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
5 | $6.
| ||||||
6 | (2) Court appeals when original documents are | ||||||
7 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
8 | minimum of $20 and a maximum of $60.
| ||||||
9 | (3) Court appeals when original documents are | ||||||
10 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
11 | minimum of $50 and a maximum of $150.
| ||||||
12 | (4) Court appeals when original documents are | ||||||
13 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
14 | of 20 cents and a maximum of 25 cents per page.
| ||||||
15 | (5) For reproduction of any document contained in the | ||||||
16 | clerk's files:
| ||||||
17 | (A) First page, a minimum of $1 and a maximum
of | ||||||
18 | $2.
| ||||||
19 | (B) Next 19 pages, 50 cents per page.
| ||||||
20 | (C) All remaining pages, 25 cents per page.
| ||||||
21 | (l) Remands.
| ||||||
22 | In any cases remanded to the Circuit Court from the | ||||||
23 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
24 | clerk shall file the remanding
order and reinstate the case | ||||||
25 | with either its original number or a new number.
The Clerk | ||||||
26 | shall not charge any new or additional fee for the |
| |||||||
| |||||||
1 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
2 | the parties of the reinstatement. A
party shall have the | ||||||
3 | same right to a jury trial on remand and reinstatement as
| ||||||
4 | he or she had before the appeal, and no additional or new | ||||||
5 | fee or charge shall
be made for a jury trial after remand.
| ||||||
6 | (m) Record Search.
| ||||||
7 | For each record search, within a division or municipal | ||||||
8 | district, the
clerk shall be entitled to a search fee of a | ||||||
9 | minimum of $4 and a maximum of
$6 for each year searched.
| ||||||
10 | (n) Hard Copy.
| ||||||
11 | For each page of hard copy print output, when case | ||||||
12 | records are
maintained on an automated medium, the clerk | ||||||
13 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
14 | of $6.
| ||||||
15 | (o) Index Inquiry and Other Records.
| ||||||
16 | No fee shall be charged for a single | ||||||
17 | plaintiff/defendant index inquiry
or single case record | ||||||
18 | inquiry when this request is made in person and the
records | ||||||
19 | are maintained in a current automated medium, and when no | ||||||
20 | hard copy
print output is requested. The fees to be charged | ||||||
21 | for management records,
multiple case records, and | ||||||
22 | multiple journal records may be specified by the
Chief | ||||||
23 | Judge pursuant to the guidelines for access and | ||||||
24 | dissemination of
information approved by the Supreme | ||||||
25 | Court.
| ||||||
26 | (p) (Blank).
|
| |||||||
| |||||||
1 | (q) Alias Summons.
| ||||||
2 | For each alias summons or citation issued by the clerk, | ||||||
3 | a minimum of $2
and a maximum of $5.
| ||||||
4 | (r) Other Fees.
| ||||||
5 | Any fees not covered in this Section shall be set by | ||||||
6 | rule or
administrative order of the Circuit Court with the | ||||||
7 | approval of the
Administrative Office of the Illinois | ||||||
8 | Courts.
| ||||||
9 | The clerk of the circuit court may provide additional | ||||||
10 | services for
which there is no fee specified by statute in | ||||||
11 | connection with the operation
of the clerk's office as may | ||||||
12 | be requested by the public and agreed to by
the clerk and | ||||||
13 | approved by the chief judge of the circuit court. Any
| ||||||
14 | charges for additional services shall be as agreed to
| ||||||
15 | between the clerk and the party making the request and | ||||||
16 | approved by the
chief judge of the circuit court. Nothing | ||||||
17 | in this
subsection shall be construed to require any clerk | ||||||
18 | to provide any service
not otherwise required by law.
| ||||||
19 | (s) Jury Services.
| ||||||
20 | The clerk shall be entitled to receive, in addition to | ||||||
21 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
22 | and a maximum of $212.50, as a fee for the services of a | ||||||
23 | jury in
every civil action not quasi-criminal in its nature | ||||||
24 | and not a proceeding
for the exercise of the right of | ||||||
25 | eminent domain and in every other action
wherein the right | ||||||
26 | of trial by jury is or may be given by law. The jury fee
|
| |||||||
| |||||||
1 | shall be paid by the party demanding a jury at the time of | ||||||
2 | filing the jury
demand. If the fee is not paid by either | ||||||
3 | party, no jury shall be called in
the action or proceeding, | ||||||
4 | and the same shall be tried by the court without
a jury.
| ||||||
5 | (t) Voluntary Assignment.
| ||||||
6 | For filing each deed of voluntary assignment, a minimum | ||||||
7 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
8 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
9 | words. Exceptions filed to claims presented
to an assignee | ||||||
10 | of a debtor who has made a voluntary assignment for the
| ||||||
11 | benefit of creditors shall be considered and treated, for | ||||||
12 | the purpose of
taxing costs therein, as actions in which | ||||||
13 | the party or parties filing
the exceptions shall be | ||||||
14 | considered as party or parties plaintiff, and
the claimant | ||||||
15 | or claimants as party or parties defendant, and those
| ||||||
16 | parties respectively shall pay to the clerk the same fees
| ||||||
17 | as provided by this Section to be paid in other actions.
| ||||||
18 | (u) Expungement Petition.
| ||||||
19 | The clerk shall be entitled to receive a fee of a | ||||||
20 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
21 | petition filed and an additional fee of a minimum of $2 and | ||||||
22 | a
maximum of $4 for each certified
copy of an order to | ||||||
23 | expunge arrest records.
| ||||||
24 | (v) Probate.
| ||||||
25 | The clerk is entitled to receive the fees
specified in | ||||||
26 | this subsection (v), which shall be paid in advance,
except |
| |||||||
| |||||||
1 | that, for good cause shown, the court may suspend, reduce, | ||||||
2 | or
release the costs payable under this subsection:
| ||||||
3 | (1) For administration of the estate of a decedent | ||||||
4 | (whether testate
or intestate) or of a missing person, a | ||||||
5 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
6 | specified in
subsection (v)(3), except:
| ||||||
7 | (A) When the value of the real and personal | ||||||
8 | property does not exceed
$15,000, the fee shall be a | ||||||
9 | minimum of $25 and a maximum of $40.
| ||||||
10 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
11 | a domestic or
foreign will is admitted to probate | ||||||
12 | without administration (including
proof of heirship), | ||||||
13 | or (iii) letters of office are issued for a particular
| ||||||
14 | purpose without administration of the estate, the fee | ||||||
15 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
16 | (C) For filing a petition to sell Real Estate, $50.
| ||||||
17 | (2) For administration of the estate of a ward, a | ||||||
18 | minimum of $50 and a
maximum of $75,
plus the fees | ||||||
19 | specified in subsection (v)(3), except:
| ||||||
20 | (A) When the value of the real and personal | ||||||
21 | property does not exceed
$15,000, the fee shall be a | ||||||
22 | minimum of $25 and a maximum of $40.
| ||||||
23 | (B) When (i) letters of office are issued to a | ||||||
24 | guardian of the person
or persons,
but not of the | ||||||
25 | estate or (ii) letters of office are issued in the | ||||||
26 | estate of
a ward without administration of the estate, |
| |||||||
| |||||||
1 | including filing or joining in
the filing of a tax | ||||||
2 | return or releasing a mortgage or consenting to the
| ||||||
3 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
4 | and a maximum of
$20.
| ||||||
5 | (C) For filing a Petition to sell Real Estate, $50.
| ||||||
6 | (3) In addition to the fees payable under subsection | ||||||
7 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
8 | payable:
| ||||||
9 | (A) For each account (other than one final account) | ||||||
10 | filed in the
estate of a decedent, or ward, a minimum | ||||||
11 | of $10 and a maximum of $25.
| ||||||
12 | (B) For filing a claim in an estate when the amount | ||||||
13 | claimed is $150
or more but less than $500, a minimum | ||||||
14 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
15 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
16 | and a maximum of $40; when
the amount claimed is | ||||||
17 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
18 | provided that the court in allowing a claim may add to | ||||||
19 | the
amount
allowed the filing fee paid by the claimant.
| ||||||
20 | (C) For filing in an estate a claim, petition, or | ||||||
21 | supplemental
proceeding based upon an action seeking | ||||||
22 | equitable relief including the
construction or contest | ||||||
23 | of a will, enforcement of a contract to make a
will, | ||||||
24 | and proceedings involving testamentary trusts or the | ||||||
25 | appointment of
testamentary trustees, a minimum of $40 | ||||||
26 | and a maximum of $60.
|
| |||||||
| |||||||
1 | (D) For filing in an estate (i) the appearance of | ||||||
2 | any person for the
purpose of consent or (ii) the | ||||||
3 | appearance of an executor, administrator,
| ||||||
4 | administrator to collect, guardian, guardian ad litem, | ||||||
5 | or special
administrator, no fee.
| ||||||
6 | (E) Except as provided in subsection (v)(3)(D), | ||||||
7 | for filing the
appearance of any person or persons, a | ||||||
8 | minimum of $10 and a maximum of $30.
| ||||||
9 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
10 | maximum of
$137.50.
| ||||||
11 | (G) For disposition of the collection of a judgment | ||||||
12 | or settlement of
an action or claim for wrongful death | ||||||
13 | of a decedent or of any cause of
action of a ward, when | ||||||
14 | there is no other administration of the estate, a
| ||||||
15 | minimum of $30 and a maximum of $50,
less any amount | ||||||
16 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
17 | that if
the amount involved does not exceed $5,000, the | ||||||
18 | fee, including any amount
paid under subsection | ||||||
19 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| ||||||
20 | maximum of $20.
| ||||||
21 | (H) For each certified copy of letters of office, | ||||||
22 | of court order or
other certification, a minimum of $1 | ||||||
23 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
24 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
25 | document certified.
| ||||||
26 | (I) For each exemplification, a minimum of $1 and a |
| |||||||
| |||||||
1 | maximum of $2, plus the fee for certification.
| ||||||
2 | (4) The executor, administrator, guardian, petitioner,
| ||||||
3 | or other interested person or his or her attorney shall pay | ||||||
4 | the cost of
publication by the clerk directly to the | ||||||
5 | newspaper.
| ||||||
6 | (5) The person on whose behalf a charge is incurred for | ||||||
7 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
8 | fee shall pay the same
directly to the person entitled | ||||||
9 | thereto.
| ||||||
10 | (6) The executor, administrator, guardian, petitioner, | ||||||
11 | or other
interested person or his or her attorney shall pay | ||||||
12 | to the clerk all postage
charges incurred by the clerk in | ||||||
13 | mailing petitions, orders, notices, or
other documents | ||||||
14 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
15 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
16 | (1) The clerk shall be entitled to costs in all | ||||||
17 | criminal
and quasi-criminal cases from each person | ||||||
18 | convicted or sentenced to
supervision therein as follows:
| ||||||
19 | (A) Felony complaints, a minimum of $40 and a | ||||||
20 | maximum of $100.
| ||||||
21 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
22 | maximum of $75.
| ||||||
23 | (C) Business offense complaints, a minimum of $25 | ||||||
24 | and a maximum of
$75.
| ||||||
25 | (D) Petty offense complaints, a minimum of $25 and | ||||||
26 | a maximum of $75.
|
| |||||||
| |||||||
1 | (E) Minor traffic or ordinance violations, $10.
| ||||||
2 | (F) When court appearance required, $15.
| ||||||
3 | (G) Motions to vacate or amend final orders, a | ||||||
4 | minimum of $20 and a
maximum of $40.
| ||||||
5 | (H) Motions to vacate bond forfeiture orders, a | ||||||
6 | minimum of $20 and
a maximum of $40.
| ||||||
7 | (I) Motions to vacate ex parte judgments, whenever | ||||||
8 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
9 | (J) Motions to vacate judgment on forfeitures, | ||||||
10 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
11 | (K) Motions to vacate "failure to appear" or | ||||||
12 | "failure to comply"
notices sent to the Secretary of | ||||||
13 | State, a minimum of $20 and a maximum of
$40.
| ||||||
14 | (2) In counties having a population of not
more
than | ||||||
15 | 500,000 inhabitants, when the violation complaint is
| ||||||
16 | issued by a
municipal police department, the clerk shall be | ||||||
17 | entitled to costs from each
person convicted therein as | ||||||
18 | follows:
| ||||||
19 | (A) Minor traffic or ordinance violations, $10.
| ||||||
20 | (B) When court appearance required, $15.
| ||||||
21 | (3) In ordinance violation cases punishable by fine | ||||||
22 | only, the clerk
of the circuit court shall be entitled to | ||||||
23 | receive, unless the fee is
excused upon a finding by the | ||||||
24 | court that the defendant is indigent, in
addition to other | ||||||
25 | fees or costs allowed or imposed by law, the sum of a
| ||||||
26 | minimum of $62.50 and a maximum of $137.50
as a fee for the |
| |||||||
| |||||||
1 | services of a jury. The jury fee shall be paid by the
| ||||||
2 | defendant at the time of filing his or her jury demand. If | ||||||
3 | the fee is not
so paid by the defendant, no jury shall be | ||||||
4 | called, and the case shall be
tried by the court without a | ||||||
5 | jury.
| ||||||
6 | (x) Transcripts of Judgment.
| ||||||
7 | For the filing of a transcript of judgment, the clerk | ||||||
8 | shall be entitled
to the same fee as if it were the | ||||||
9 | commencement of a new suit.
| ||||||
10 | (y) Change of Venue.
| ||||||
11 | (1) For the filing of a change of case on a change of | ||||||
12 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
13 | were the commencement of a new suit.
| ||||||
14 | (2) The fee for the preparation and certification of a | ||||||
15 | record on a
change of venue to another jurisdiction, when | ||||||
16 | original documents are
forwarded, a minimum of $10 and a | ||||||
17 | maximum of $40.
| ||||||
18 | (z) Tax objection complaints.
| ||||||
19 | For each tax objection complaint containing one or more | ||||||
20 | tax
objections, regardless of the number of parcels | ||||||
21 | involved or the number of
taxpayers joining on the | ||||||
22 | complaint, a minimum of $10 and a maximum of $50.
| ||||||
23 | (aa) Tax Deeds.
| ||||||
24 | (1) Petition for tax deed, if only one parcel is | ||||||
25 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
26 | (2) For each additional parcel, add a fee of a minimum |
| |||||||
| |||||||
1 | of $10 and a
maximum of $60.
| ||||||
2 | (bb) Collections.
| ||||||
3 | (1) For all collections made of others, except the | ||||||
4 | State and county
and except in maintenance or child support | ||||||
5 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
6 | of
the amount collected and turned over.
| ||||||
7 | (2) Interest earned on any funds held by the clerk | ||||||
8 | shall be turned
over to the county general fund as an | ||||||
9 | earning of the office.
| ||||||
10 | (3) For any check, draft, or other bank instrument | ||||||
11 | returned to the
clerk for non-sufficient funds, account | ||||||
12 | closed, or
payment stopped, $25.
| ||||||
13 | (4) In child support and maintenance cases, the clerk, | ||||||
14 | if authorized by an
ordinance of the county board, may | ||||||
15 | collect an annual fee of up to $36 from
the person making | ||||||
16 | payment for maintaining child support records and the
| ||||||
17 | processing of support orders to the State of Illinois KIDS | ||||||
18 | system and the
recording of payments issued by the State | ||||||
19 | Disbursement Unit for the official
record of the Court. | ||||||
20 | This fee shall be in addition
to and separate from amounts | ||||||
21 | ordered to be paid as maintenance or child
support and | ||||||
22 | shall be deposited into a Separate Maintenance and Child | ||||||
23 | Support
Collection Fund, of which the clerk shall be the | ||||||
24 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
25 | child support orders and record all payments
issued by the | ||||||
26 | State Disbursement Unit for the official record of the |
| |||||||
| |||||||
1 | Court.
The clerk may recover from the person making the | ||||||
2 | maintenance or child support
payment any additional cost | ||||||
3 | incurred in the collection of this annual
fee.
| ||||||
4 | The clerk shall also be entitled to a fee of $5 for | ||||||
5 | certifications made
to the Secretary of State as provided | ||||||
6 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
7 | and these fees shall also be deposited into the
Separate | ||||||
8 | Maintenance and Child Support Collection Fund.
| ||||||
9 | (cc) Corrections of Numbers.
| ||||||
10 | For correction of the case number, case
title, or | ||||||
11 | attorney computer identification number, if required by | ||||||
12 | rule of
court, on any document filed in the clerk's office, | ||||||
13 | to be charged against
the party that filed the document, a | ||||||
14 | minimum of $10 and a maximum of $25.
| ||||||
15 | (dd) Exceptions.
| ||||||
16 | (1) The fee requirements of this Section shall not | ||||||
17 | apply to police
departments or other law enforcement | ||||||
18 | agencies. In this Section, "law
enforcement agency" means | ||||||
19 | an agency of the State or a unit of local
government which | ||||||
20 | is vested by law or ordinance with the duty to maintain
| ||||||
21 | public order and to enforce criminal laws or ordinances. | ||||||
22 | "Law enforcement
agency" also means the Attorney General or | ||||||
23 | any state's attorney.
| ||||||
24 | (2) No fee provided herein shall be charged to any unit | ||||||
25 | of local
government or school district.
| ||||||
26 | (3) The fee requirements of this Section shall not |
| |||||||
| |||||||
1 | apply to any action
instituted under subsection (b) of | ||||||
2 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
3 | owner or tenant of real property within 1200 feet of a
| ||||||
4 | dangerous or unsafe building seeking an order compelling | ||||||
5 | the owner or owners of
the building to take any of the | ||||||
6 | actions authorized under that subsection.
| ||||||
7 | (4) The fee requirements of this Section shall not | ||||||
8 | apply to the filing of
any
commitment petition or petition | ||||||
9 | for an order authorizing the administration of | ||||||
10 | psychotropic medication or electroconvulsive therapy
under | ||||||
11 | the Mental Health and
Developmental Disabilities Code.
| ||||||
12 | (ee) Adoptions.
| ||||||
13 | (1) For an adoption ...............................$65
| ||||||
14 | (2) Upon good cause shown, the court may waive the | ||||||
15 | adoption filing fee in
a special needs adoption. The term | ||||||
16 | "special needs adoption" shall have the
meaning ascribed to | ||||||
17 | it by the Illinois Department of Children and Family
| ||||||
18 | Services.
| ||||||
19 | (ff) Adoption exemptions.
| ||||||
20 | No fee other than that set forth in subsection (ee) | ||||||
21 | shall be charged to any
person in connection with an | ||||||
22 | adoption proceeding nor may any fee be charged for
| ||||||
23 | proceedings for the appointment of a confidential | ||||||
24 | intermediary under the
Adoption Act.
| ||||||
25 | (Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | Section 961. The Juvenile Court Act of 1987 is amended by | ||||||
2 | changing Sections 1-3 and 6-9 as follows:
| ||||||
3 | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| ||||||
4 | Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||||
5 | context
otherwise requires, have the following meanings | ||||||
6 | ascribed to them:
| ||||||
7 | (1) "Adjudicatory hearing" means a hearing to
determine | ||||||
8 | whether the allegations of a petition under Section 2-13, 3-15 | ||||||
9 | or
4-12 that a minor under 18 years of age is abused, neglected | ||||||
10 | or dependent, or
requires authoritative intervention, or | ||||||
11 | addicted, respectively, are supported
by a preponderance of the | ||||||
12 | evidence or whether the allegations of a petition
under Section | ||||||
13 | 5-520 that a minor is delinquent are proved beyond a reasonable
| ||||||
14 | doubt.
| ||||||
15 | (2) "Adult" means a person 21 years of age or older.
| ||||||
16 | (3) "Agency" means a public or private child care facility
| ||||||
17 | legally authorized or licensed by this State for placement or | ||||||
18 | institutional
care or for both placement and institutional | ||||||
19 | care.
| ||||||
20 | (4) "Association" means any organization, public or
| ||||||
21 | private, engaged in welfare functions which include services to | ||||||
22 | or on behalf of
children but does not include "agency" as | ||||||
23 | herein defined.
| ||||||
24 | (4.05) Whenever a "best interest" determination is
| ||||||
25 | required, the following factors shall be considered in the |
| |||||||
| |||||||
1 | context of the
child's age and developmental needs:
| ||||||
2 | (a) the physical safety and welfare of the child, | ||||||
3 | including food, shelter,
health, and clothing;
| ||||||
4 | (b) the development of the child's identity;
| ||||||
5 | (c) the child's background and ties, including | ||||||
6 | familial,
cultural, and religious;
| ||||||
7 | (d) the child's sense of attachments, including:
| ||||||
8 | (i) where the child actually feels love, | ||||||
9 | attachment, and a sense of
being valued (as opposed to | ||||||
10 | where adults believe the child should
feel such love, | ||||||
11 | attachment, and a sense of being valued);
| ||||||
12 | (ii) the child's sense of security;
| ||||||
13 | (iii) the child's sense of familiarity;
| ||||||
14 | (iv) continuity of affection for the child;
| ||||||
15 | (v) the least disruptive placement alternative for | ||||||
16 | the child;
| ||||||
17 | (e) the child's wishes and long-term goals;
| ||||||
18 | (f) the child's community ties, including church, | ||||||
19 | school, and friends;
| ||||||
20 | (g) the child's need for permanence which includes the | ||||||
21 | child's need for
stability and continuity of relationships | ||||||
22 | with parent figures and with siblings
and other relatives;
| ||||||
23 | (h) the uniqueness of every family and child;
| ||||||
24 | (i) the risks attendant to entering and being in | ||||||
25 | substitute care; and
| ||||||
26 | (j) the preferences of the persons available to care |
| |||||||
| |||||||
1 | for the child.
| ||||||
2 | (4.1) "Chronic truant" shall have the definition
ascribed | ||||||
3 | to it in Section 26-2a of the School Code.
| ||||||
4 | (5) "Court" means the circuit court in a session or | ||||||
5 | division
assigned to hear proceedings under this Act.
| ||||||
6 | (6) "Dispositional hearing" means a hearing to
determine | ||||||
7 | whether a minor should be adjudged to be a ward of the court, | ||||||
8 | and to
determine what order of disposition should be made in | ||||||
9 | respect to a minor
adjudged to be a ward of the court.
| ||||||
10 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
11 | over who has
been completely or partially emancipated under the | ||||||
12 | Emancipation of
Minors Act or
under this Act.
| ||||||
13 | (8) "Guardianship of the person" of a minor
means the duty | ||||||
14 | and authority to act in the best interests of the minor, | ||||||
15 | subject
to residual parental rights and responsibilities, to | ||||||
16 | make important decisions
in matters having a permanent effect | ||||||
17 | on the life and development of the minor
and to be concerned | ||||||
18 | with his or her general welfare. It includes but is not
| ||||||
19 | necessarily limited to:
| ||||||
20 | (a) the authority to consent to marriage, to enlistment | ||||||
21 | in the armed
forces of the United States, or to a major | ||||||
22 | medical, psychiatric, and
surgical treatment; to represent | ||||||
23 | the minor in legal actions; and to make
other decisions of | ||||||
24 | substantial legal significance concerning the minor;
| ||||||
25 | (b) the authority and duty of reasonable visitation, | ||||||
26 | except to the
extent that these have been limited in the |
| |||||||
| |||||||
1 | best interests of the minor by
court order;
| ||||||
2 | (c) the rights and responsibilities of legal custody | ||||||
3 | except where legal
custody has been vested in another | ||||||
4 | person or agency; and
| ||||||
5 | (d) the power to consent to the adoption of the minor, | ||||||
6 | but only if
expressly conferred on the guardian in | ||||||
7 | accordance with Section 2-29, 3-30, or
4-27.
| ||||||
8 | (9) "Legal custody" means the relationship created by an
| ||||||
9 | order of court in the best interests of the minor which imposes | ||||||
10 | on the
custodian the responsibility of physical possession of a | ||||||
11 | minor and the duty to
protect, train and discipline him and to | ||||||
12 | provide him with food, shelter,
education and ordinary medical | ||||||
13 | care, except as these are limited by residual
parental rights | ||||||
14 | and responsibilities and the rights and responsibilities of the
| ||||||
15 | guardian of the person, if any.
| ||||||
16 | (9.1) "Mentally capable adult relative" means a person 21 | ||||||
17 | years of age or older who is not suffering from a mental | ||||||
18 | illness that prevents him or her from providing the care | ||||||
19 | necessary to safeguard the physical safety and welfare of a | ||||||
20 | minor who is left in that person's care by the parent or | ||||||
21 | parents or other person responsible for the minor's welfare. | ||||||
22 | (10) "Minor" means a person under the age of 21 years | ||||||
23 | subject to
this Act.
| ||||||
24 | (11) "Parent" means the father or mother of a child and
| ||||||
25 | includes any adoptive parent. It also includes a man (i)
whose | ||||||
26 | paternity
is presumed or has been established under the law of |
| |||||||
| |||||||
1 | this or another
jurisdiction or (ii) who has registered with | ||||||
2 | the Putative Father Registry in
accordance with Section 12.1 of | ||||||
3 | the Adoption Act and whose paternity has not
been ruled out | ||||||
4 | under the law of this or another jurisdiction. It does not
| ||||||
5 | include a
parent whose rights in respect to the
minor have been | ||||||
6 | terminated in any manner provided by law. It does not include a | ||||||
7 | person who has been or could be determined to be a parent under | ||||||
8 | the Illinois Parentage Act of 1984 or the Illinois Parentage | ||||||
9 | Act of 2013 , or similar parentage law in any other state, if | ||||||
10 | that person has been convicted of or pled nolo contendere to a | ||||||
11 | crime that resulted in the conception of the child under | ||||||
12 | Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||||||
13 | 12-14.1, subsection (a) or (b) (but not subsection (c)) of | ||||||
14 | Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or | ||||||
15 | (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the | ||||||
16 | Criminal Code of 1961 or similar statute in another | ||||||
17 | jurisdiction unless upon motion of any party, other than the | ||||||
18 | offender, to the juvenile court proceedings the court finds it | ||||||
19 | is in the child's best interest to deem the offender a parent | ||||||
20 | for purposes of the juvenile court proceedings.
| ||||||
21 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
22 | defined in
subdivision (2) of Section 2-28.
| ||||||
23 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
24 | permanency goal and
to review and determine (i) the | ||||||
25 | appropriateness of the services contained in
the plan and | ||||||
26 | whether those services have been provided, (ii) whether |
| |||||||
| |||||||
1 | reasonable
efforts have been made by all the parties to the | ||||||
2 | service plan to achieve the
goal, and (iii) whether the plan | ||||||
3 | and goal have been achieved.
| ||||||
4 | (12) "Petition" means the petition provided for in Section
| ||||||
5 | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||||||
6 | thereunder
in Section 3-15, 4-12 or 5-520.
| ||||||
7 | (12.1) "Physically capable adult relative" means a person | ||||||
8 | 21 years of age or older who does not have a severe physical | ||||||
9 | disability or medical condition, or is not suffering from | ||||||
10 | alcoholism or drug addiction, that prevents him or her from | ||||||
11 | providing the care necessary to safeguard the physical safety | ||||||
12 | and welfare of a minor who is left in that person's care by the | ||||||
13 | parent or parents or other person responsible for the minor's | ||||||
14 | welfare. | ||||||
15 | (12.2) "Post Permanency Sibling Contact Agreement" has the | ||||||
16 | meaning ascribed to the term in Section 7.4 of the Children and | ||||||
17 | Family Services Act. | ||||||
18 | (13) "Residual parental
rights and responsibilities" means | ||||||
19 | those rights and responsibilities remaining
with the parent | ||||||
20 | after the transfer of legal custody or guardianship of the
| ||||||
21 | person, including, but not necessarily limited to, the right to | ||||||
22 | reasonable
visitation (which may be limited by the court in the | ||||||
23 | best interests of the
minor as provided in subsection (8)(b) of | ||||||
24 | this Section), the right to consent
to adoption, the right to | ||||||
25 | determine the minor's religious affiliation, and the
| ||||||
26 | responsibility for his support.
|
| |||||||
| |||||||
1 | (14) "Shelter" means the temporary care of a minor in
| ||||||
2 | physically unrestricting facilities pending court disposition | ||||||
3 | or execution of
court order for placement.
| ||||||
4 | (14.1) "Sibling Contact Support Plan" has the meaning | ||||||
5 | ascribed to the term in Section 7.4 of the Children and Family | ||||||
6 | Services Act. | ||||||
7 | (15) "Station adjustment" means the informal
handling of an | ||||||
8 | alleged offender by a juvenile police officer.
| ||||||
9 | (16) "Ward of the court" means a minor who is so
adjudged | ||||||
10 | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||||||
11 | requisite jurisdictional facts, and thus is subject to the | ||||||
12 | dispositional powers
of the court under this Act.
| ||||||
13 | (17) "Juvenile police officer" means a sworn
police officer | ||||||
14 | who has completed a Basic Recruit Training Course, has been
| ||||||
15 | assigned to the position of juvenile police officer by his or | ||||||
16 | her chief law
enforcement officer and has completed the | ||||||
17 | necessary juvenile officers training
as prescribed by the | ||||||
18 | Illinois Law Enforcement Training Standards Board, or in
the | ||||||
19 | case of a State police officer, juvenile officer
training | ||||||
20 | approved by the Director of the Department of State Police.
| ||||||
21 | (18) "Secure child care facility" means any child care | ||||||
22 | facility licensed
by the Department of Children and Family | ||||||
23 | Services to provide secure living
arrangements for children | ||||||
24 | under 18 years of age who are subject to placement in
| ||||||
25 | facilities under the Children and Family Services Act and who | ||||||
26 | are not subject
to placement in facilities for whom standards |
| |||||||
| |||||||
1 | are established by the Department
of Corrections under Section | ||||||
2 | 3-15-2 of the Unified Code of Corrections.
"Secure child care | ||||||
3 | facility" also means a
facility that is designed and operated | ||||||
4 | to ensure that all entrances and
exits
from the facility, a | ||||||
5 | building, or a distinct part of the building are under the
| ||||||
6 | exclusive control of the staff of the facility, whether or not | ||||||
7 | the child has
the freedom of movement within the perimeter of | ||||||
8 | the facility, building, or
distinct part of the building.
| ||||||
9 | (Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11; | ||||||
10 | 97-1076, eff. 8-24-12.)
| ||||||
11 | (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
| ||||||
12 | Sec. 6-9. Enforcement of liability of parents and others.
| ||||||
13 | (1) If parentage is at issue in any proceeding under this | ||||||
14 | Act, other than cases involving those exceptions to the | ||||||
15 | definition of parent set out in item (11) in Section 1-3, then | ||||||
16 | the
Illinois Parentage Act of 2013 1984 shall apply and the | ||||||
17 | court shall enter orders
consistent with that Act. If it | ||||||
18 | appears at any hearing that a parent or
any other person named | ||||||
19 | in the petition, liable under the law for the
support of the | ||||||
20 | minor, is able to contribute to his or her support, the court
| ||||||
21 | shall enter an order requiring that parent or other person to | ||||||
22 | pay the clerk of
the court, or to the guardian or custodian | ||||||
23 | appointed under Sections 2-27,
3-28, 4-25 or 5-740, a | ||||||
24 | reasonable sum from time to time for the care,
support and | ||||||
25 | necessary special care or treatment, of the minor.
If the court
|
| |||||||
| |||||||
1 | determines at any hearing that a parent or any other person | ||||||
2 | named in the
petition, liable under the law for the support of | ||||||
3 | the minor, is able to
contribute to help defray the costs | ||||||
4 | associated with the minor's detention in a
county or regional | ||||||
5 | detention center, the court shall enter an order requiring
that | ||||||
6 | parent or other person to pay the clerk of the court a | ||||||
7 | reasonable sum for
the care and support of the minor.
The court
| ||||||
8 | may require reasonable security for the payments. Upon failure | ||||||
9 | to pay, the
court may enforce obedience to the order by a | ||||||
10 | proceeding as for contempt of
court.
| ||||||
11 | If it appears that the person liable for the support of the | ||||||
12 | minor is
able to contribute to legal fees for representation of | ||||||
13 | the minor, the court
shall enter an order requiring that person | ||||||
14 | to pay a reasonable sum for the
representation, to the attorney | ||||||
15 | providing the representation or to the
clerk of the court for | ||||||
16 | deposit in the appropriate account or fund. The sum
may be paid | ||||||
17 | as the court directs, and the payment thereof secured and
| ||||||
18 | enforced as provided in this Section for support.
| ||||||
19 | If it appears at the detention or shelter care hearing of a | ||||||
20 | minor before
the court under Section 5-501 that a parent or any | ||||||
21 | other person
liable for
support of the minor is able to | ||||||
22 | contribute to his or her support, that parent
or other person | ||||||
23 | shall be required to pay a fee for room and board at a rate not
| ||||||
24 | to exceed $10 per day established, with the concurrence of the | ||||||
25 | chief judge of
the judicial circuit, by the county board of the | ||||||
26 | county in which the minor is
detained unless the court |
| |||||||
| |||||||
1 | determines that it is in the best interest and
welfare of the | ||||||
2 | minor to waive the fee. The concurrence of the chief judge
| ||||||
3 | shall be in the form of an administrative order. Each week, on | ||||||
4 | a day
designated by the clerk of the circuit court, that parent | ||||||
5 | or other person shall
pay the clerk for the minor's room and | ||||||
6 | board. All fees for room and board
collected by the circuit | ||||||
7 | court clerk shall be disbursed into the separate
county fund | ||||||
8 | under Section 6-7.
| ||||||
9 | Upon application, the court shall waive liability for | ||||||
10 | support or legal fees
under this Section if the parent or other | ||||||
11 | person establishes that he or she is
indigent and unable to pay | ||||||
12 | the incurred liability, and the court may reduce or
waive | ||||||
13 | liability if the parent or other person establishes | ||||||
14 | circumstances showing
that full payment of support or legal | ||||||
15 | fees would result in financial hardship
to the person or his or | ||||||
16 | her family.
| ||||||
17 | (2) When a person so ordered to pay for the care and | ||||||
18 | support of a minor
is employed for wages, salary or commission, | ||||||
19 | the court may order him to
make the support payments for which | ||||||
20 | he is liable under this Act out of his
wages, salary or | ||||||
21 | commission and to assign so much thereof as will pay the
| ||||||
22 | support. The court may also order him to make discovery to the | ||||||
23 | court as to
his place of employment and the amounts earned by | ||||||
24 | him. Upon his failure to
obey the orders of court he may be | ||||||
25 | punished as for contempt of court.
| ||||||
26 | (3) If the minor is a recipient of public aid under the |
| |||||||
| |||||||
1 | Illinois Public
Aid Code, the court shall order that payments | ||||||
2 | made by a parent or through
assignment of his wages, salary or | ||||||
3 | commission be made directly to (a) the
Department of Healthcare | ||||||
4 | and Family Services if the minor is a recipient of aid under
| ||||||
5 | Article V of the Code, (b) the Department of Human Services if | ||||||
6 | the
minor is a recipient of aid under Article IV of the Code, | ||||||
7 | or (c)
the local governmental unit
responsible for the support | ||||||
8 | of the minor if he is a recipient under
Articles VI or VII of | ||||||
9 | the Code. The order shall permit the
Department of Healthcare | ||||||
10 | and Family Services, the Department of Human Services, or the | ||||||
11 | local
governmental unit, as the case may
be, to direct that | ||||||
12 | subsequent payments be made directly to the guardian or
| ||||||
13 | custodian of the minor, or to some other person or agency in | ||||||
14 | the minor's
behalf, upon removal of the minor from the public | ||||||
15 | aid rolls; and upon such
direction and removal of the minor | ||||||
16 | from the public aid rolls, the
Department of Healthcare and | ||||||
17 | Family Services, Department of Human Services, or local
| ||||||
18 | governmental unit, as the case requires, shall give
written | ||||||
19 | notice of such action to the court. Payments received by the
| ||||||
20 | Department of Healthcare and Family Services, Department of | ||||||
21 | Human Services, or local
governmental unit are to be
covered, | ||||||
22 | respectively, into the General Revenue Fund of the State | ||||||
23 | Treasury
or General Assistance Fund of the governmental unit, | ||||||
24 | as provided in Section
10-19 of the Illinois Public Aid Code.
| ||||||
25 | (Source: P.A. 97-568, eff. 8-25-11.)
|
| |||||||
| |||||||
1 | Section 962. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing Section 112A-14 as follows:
| ||||||
3 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
4 | Sec. 112A-14. Order of protection; remedies.
| ||||||
5 | (a) Issuance of order. If the court finds that petitioner | ||||||
6 | has been
abused by a family or household member, as defined in | ||||||
7 | this Article, an
order of protection prohibiting such abuse | ||||||
8 | shall issue; provided that
petitioner must also satisfy the | ||||||
9 | requirements of one of the following
Sections, as appropriate: | ||||||
10 | Section 112A-17 on emergency orders, Section
112A-18 on interim | ||||||
11 | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||||||
12 | not be denied an order of protection because petitioner or
| ||||||
13 | respondent is a minor. The court, when determining whether or | ||||||
14 | not to issue
an order of protection, shall not require physical | ||||||
15 | manifestations of abuse
on the person of the victim. | ||||||
16 | Modification and extension of prior orders of
protection shall | ||||||
17 | be in accordance with this Article.
| ||||||
18 | (b) Remedies and standards. The remedies to be included in | ||||||
19 | an order of
protection shall be determined in accordance with | ||||||
20 | this Section and one of
the following Sections, as appropriate: | ||||||
21 | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||||||
22 | orders, and Section 112A-19 on
plenary orders.
The remedies | ||||||
23 | listed in this subsection shall be in addition to other civil
| ||||||
24 | or criminal remedies available to petitioner.
| ||||||
25 | (1) Prohibition of abuse. Prohibit respondent's |
| |||||||
| |||||||
1 | harassment,
interference with personal liberty, | ||||||
2 | intimidation of a dependent, physical
abuse or willful | ||||||
3 | deprivation, as defined in this Article, if such abuse has
| ||||||
4 | occurred or otherwise appears likely to occur if not | ||||||
5 | prohibited.
| ||||||
6 | (2) Grant of exclusive possession of residence. | ||||||
7 | Prohibit respondent
from entering or remaining in any | ||||||
8 | residence, household, or premises of the petitioner,
| ||||||
9 | including one owned or leased by respondent, if petitioner | ||||||
10 | has a right
to occupancy thereof. The grant of exclusive | ||||||
11 | possession of the residence, household, or premises
shall | ||||||
12 | not affect title to real property, nor shall the court be | ||||||
13 | limited by
the standard set forth in Section 701 of the | ||||||
14 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
15 | (A) Right to occupancy. A party has a right to | ||||||
16 | occupancy of a
residence or household if it is
solely | ||||||
17 | or jointly owned or leased by that party, that party's | ||||||
18 | spouse, a
person with a legal duty to support that | ||||||
19 | party or a minor child in that
party's care, or by any | ||||||
20 | person or entity other than the opposing party that
| ||||||
21 | authorizes that party's occupancy (e.g., a domestic | ||||||
22 | violence shelter).
Standards set forth in subparagraph | ||||||
23 | (B) shall not preclude equitable relief.
| ||||||
24 | (B) Presumption of hardships. If petitioner and | ||||||
25 | respondent
each has the right to occupancy of a | ||||||
26 | residence or household, the court
shall balance (i) the |
| |||||||
| |||||||
1 | hardships to respondent and any minor child or
| ||||||
2 | dependent adult in respondent's care resulting from | ||||||
3 | entry of this remedy with (ii)
the hardships to | ||||||
4 | petitioner and any minor child or dependent adult in
| ||||||
5 | petitioner's care resulting from continued exposure to | ||||||
6 | the risk of abuse (should
petitioner remain at the | ||||||
7 | residence or household) or from loss of possession
of | ||||||
8 | the residence or household (should petitioner leave to | ||||||
9 | avoid the risk
of abuse). When determining the balance | ||||||
10 | of hardships, the court shall also
take into account | ||||||
11 | the accessibility of the residence or household.
| ||||||
12 | Hardships need not be balanced if respondent does not | ||||||
13 | have a right to occupancy.
| ||||||
14 | The balance of hardships is presumed to favor | ||||||
15 | possession by
petitioner unless the presumption is | ||||||
16 | rebutted by a preponderance of the
evidence, showing | ||||||
17 | that the hardships to respondent substantially | ||||||
18 | outweigh
the hardships to petitioner and any minor | ||||||
19 | child or dependent adult in petitioner's
care. The | ||||||
20 | court, on the request of petitioner or on its own | ||||||
21 | motion,
may order respondent to provide suitable, | ||||||
22 | accessible, alternate housing
for petitioner instead | ||||||
23 | of
excluding respondent from a mutual residence or | ||||||
24 | household.
| ||||||
25 | (3) Stay away order and additional prohibitions.
Order | ||||||
26 | respondent to stay away from petitioner or any other person
|
| |||||||
| |||||||
1 | protected by the order of protection, or prohibit | ||||||
2 | respondent from entering
or remaining present at | ||||||
3 | petitioner's school, place of employment, or other
| ||||||
4 | specified places at times when petitioner is present, or | ||||||
5 | both, if
reasonable, given
the balance of hardships. | ||||||
6 | Hardships need not be balanced for the court
to enter a | ||||||
7 | stay away order or prohibit entry
if respondent has no | ||||||
8 | right to enter the premises.
| ||||||
9 | If an order of protection grants petitioner exclusive | ||||||
10 | possession
of the residence, or prohibits respondent from | ||||||
11 | entering the residence,
or orders respondent to stay away | ||||||
12 | from petitioner or other
protected persons, then the court | ||||||
13 | may allow respondent access to the
residence to remove | ||||||
14 | items of clothing and personal adornment
used exclusively | ||||||
15 | by respondent, medications, and other items as the court | ||||||
16 | directs.
The right to access shall be exercised on only one | ||||||
17 | occasion as the court directs
and in the presence of an | ||||||
18 | agreed-upon adult third party or law enforcement officer.
| ||||||
19 | (4) Counseling. Require or recommend the respondent to | ||||||
20 | undergo
counseling for a specified duration with a social | ||||||
21 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
22 | family service agency, alcohol or
substance abuse program, | ||||||
23 | mental health center guidance counselor, agency
providing | ||||||
24 | services to elders, program designed for domestic violence
| ||||||
25 | abusers or any other guidance service the court deems | ||||||
26 | appropriate. The court may order the respondent in any |
| |||||||
| |||||||
1 | intimate partner relationship to report to an Illinois | ||||||
2 | Department of Human Services protocol approved partner | ||||||
3 | abuse intervention program for an assessment and to follow | ||||||
4 | all recommended treatment.
| ||||||
5 | (5) Physical care and possession of the minor child. In | ||||||
6 | order to protect
the minor child from abuse, neglect, or | ||||||
7 | unwarranted separation from the person
who has been the | ||||||
8 | minor child's primary caretaker, or to otherwise protect | ||||||
9 | the
well-being of the minor child, the court may do either | ||||||
10 | or both of the following:
(i) grant petitioner physical | ||||||
11 | care or possession of the minor child, or both, or
(ii) | ||||||
12 | order respondent to return a minor child to, or not remove | ||||||
13 | a minor child
from, the physical care of a parent or person | ||||||
14 | in loco parentis.
| ||||||
15 | If a court finds, after a hearing, that respondent has | ||||||
16 | committed abuse
(as defined in Section 112A-3) of a minor | ||||||
17 | child, there shall be a
rebuttable presumption that | ||||||
18 | awarding physical care to respondent would not
be in the | ||||||
19 | minor child's best interest.
| ||||||
20 | (6) Temporary legal custody.
Award temporary legal | ||||||
21 | custody to petitioner in accordance with this Section,
the | ||||||
22 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
23 | Illinois Parentage Act of 2013 1984 ,
and this State's | ||||||
24 | Uniform Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
25 | If a court finds, after a hearing, that respondent
has | ||||||
26 | committed abuse (as defined in Section 112A-3) of a
minor |
| |||||||
| |||||||
1 | child, there shall be a rebuttable presumption that | ||||||
2 | awarding
temporary legal custody to respondent would not be | ||||||
3 | in the
child's best interest.
| ||||||
4 | (7) Visitation. Determine the
visitation rights, if | ||||||
5 | any, of respondent in any case in which the court
awards | ||||||
6 | physical care or temporary legal custody of a minor child | ||||||
7 | to
petitioner. The court shall restrict or deny | ||||||
8 | respondent's visitation with
a minor child if
the court | ||||||
9 | finds that respondent has done or is likely to do any of | ||||||
10 | the
following: (i) abuse or endanger the minor child during | ||||||
11 | visitation; (ii) use the
visitation as an opportunity to | ||||||
12 | abuse or harass petitioner or
petitioner's family or | ||||||
13 | household members; (iii) improperly conceal or
detain the | ||||||
14 | minor child; or (iv) otherwise act in a manner that is not | ||||||
15 | in
the best interests of the minor child. The court shall | ||||||
16 | not be limited by the
standards set forth in Section 607.1 | ||||||
17 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
18 | If the court grants visitation, the order
shall specify | ||||||
19 | dates and times for the visitation to take place or other
| ||||||
20 | specific parameters or conditions that are appropriate. No | ||||||
21 | order for
visitation shall refer merely to the term | ||||||
22 | "reasonable visitation".
| ||||||
23 | Petitioner may deny respondent access to the minor | ||||||
24 | child if, when
respondent arrives for visitation, | ||||||
25 | respondent is under the influence of drugs
or alcohol and | ||||||
26 | constitutes a threat to the safety and well-being of
|
| |||||||
| |||||||
1 | petitioner or petitioner's minor children or is behaving in | ||||||
2 | a violent or abusive manner.
| ||||||
3 | If necessary to protect any member of petitioner's | ||||||
4 | family or
household from future abuse, respondent shall be | ||||||
5 | prohibited from coming to
petitioner's residence to meet | ||||||
6 | the minor child for visitation, and the
parties shall | ||||||
7 | submit to the court their recommendations for reasonable
| ||||||
8 | alternative arrangements for visitation. A person may be | ||||||
9 | approved to
supervise visitation only after filing an | ||||||
10 | affidavit accepting
that responsibility and acknowledging | ||||||
11 | accountability to the court.
| ||||||
12 | (8) Removal or concealment of minor child.
Prohibit | ||||||
13 | respondent from
removing a minor child from the State or | ||||||
14 | concealing the child within the
State.
| ||||||
15 | (9) Order to appear. Order the respondent to
appear in | ||||||
16 | court, alone
or with a minor child, to prevent abuse, | ||||||
17 | neglect, removal or concealment of
the child, to return the | ||||||
18 | child to the custody or care of the petitioner or
to permit | ||||||
19 | any court-ordered interview or examination of the child or | ||||||
20 | the
respondent.
| ||||||
21 | (10) Possession of personal property. Grant petitioner | ||||||
22 | exclusive
possession of personal property and, if | ||||||
23 | respondent has possession or
control, direct respondent to | ||||||
24 | promptly make it available to petitioner, if:
| ||||||
25 | (i) petitioner, but not respondent, owns the | ||||||
26 | property; or
|
| |||||||
| |||||||
1 | (ii) the parties own the property jointly; sharing | ||||||
2 | it would risk
abuse of petitioner by respondent or is | ||||||
3 | impracticable; and the balance of
hardships favors | ||||||
4 | temporary possession by petitioner.
| ||||||
5 | If petitioner's sole claim to ownership of the property | ||||||
6 | is that it is
marital property, the court may award | ||||||
7 | petitioner temporary possession
thereof under the | ||||||
8 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
9 | proper proceeding has been filed under the Illinois | ||||||
10 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
11 | hereafter amended.
| ||||||
12 | No order under this provision shall affect title to | ||||||
13 | property.
| ||||||
14 | (11) Protection of property. Forbid the respondent | ||||||
15 | from taking,
transferring, encumbering, concealing, | ||||||
16 | damaging or otherwise disposing of
any real or personal | ||||||
17 | property, except as explicitly authorized by the
court, if:
| ||||||
18 | (i) petitioner, but not respondent, owns the | ||||||
19 | property; or
| ||||||
20 | (ii) the parties own the property jointly,
and the | ||||||
21 | balance of hardships favors granting this remedy.
| ||||||
22 | If petitioner's sole claim to ownership of the property | ||||||
23 | is that it is
marital property, the court may grant | ||||||
24 | petitioner relief under subparagraph
(ii) of this | ||||||
25 | paragraph only if a proper proceeding has been filed under | ||||||
26 | the
Illinois Marriage and Dissolution of Marriage Act, as |
| |||||||
| |||||||
1 | now or hereafter amended.
| ||||||
2 | The court may further prohibit respondent from | ||||||
3 | improperly using the
financial or other resources of an | ||||||
4 | aged member of the family or household
for the profit or | ||||||
5 | advantage of respondent or of any other person.
| ||||||
6 | (11.5) Protection of animals. Grant the petitioner the | ||||||
7 | exclusive care, custody, or control of any animal owned, | ||||||
8 | possessed, leased, kept, or held by either the petitioner | ||||||
9 | or the respondent or a minor child residing in the | ||||||
10 | residence or household of either the petitioner or the | ||||||
11 | respondent and order the respondent to stay away from the | ||||||
12 | animal and forbid the respondent from taking, | ||||||
13 | transferring, encumbering, concealing, harming, or | ||||||
14 | otherwise disposing of the animal.
| ||||||
15 | (12) Order for payment of support. Order
respondent to | ||||||
16 | pay temporary
support for the petitioner or any child in | ||||||
17 | the petitioner's care or
custody, when the respondent has a | ||||||
18 | legal obligation to support that person,
in accordance with | ||||||
19 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
20 | which shall govern, among other matters, the amount of
| ||||||
21 | support, payment through the clerk and withholding of | ||||||
22 | income to secure
payment. An order for child support may be | ||||||
23 | granted to a petitioner with
lawful physical care or | ||||||
24 | custody of a child, or an order or agreement for
physical | ||||||
25 | care or custody, prior to entry of an order for legal | ||||||
26 | custody.
Such a support order shall expire upon entry of a |
| |||||||
| |||||||
1 | valid order granting
legal custody to another, unless | ||||||
2 | otherwise provided in the custody order.
| ||||||
3 | (13) Order for payment of losses. Order
respondent to | ||||||
4 | pay petitioner
for losses suffered as a direct result of | ||||||
5 | the abuse. Such losses shall
include, but not be limited | ||||||
6 | to, medical expenses, lost earnings or other
support, | ||||||
7 | repair or replacement of property damaged or taken, | ||||||
8 | reasonable
attorney's fees, court costs and moving or other | ||||||
9 | travel expenses, including
additional reasonable expenses | ||||||
10 | for temporary shelter and restaurant meals.
| ||||||
11 | (i) Losses affecting family needs. If a party is | ||||||
12 | entitled to seek
maintenance, child support or | ||||||
13 | property distribution from the other party
under the | ||||||
14 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
15 | now or
hereafter amended, the court may order | ||||||
16 | respondent to reimburse petitioner's
actual losses, to | ||||||
17 | the extent that such reimbursement would be | ||||||
18 | "appropriate
temporary relief", as authorized by | ||||||
19 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
20 | (ii) Recovery of expenses. In the case of an | ||||||
21 | improper concealment
or removal of a minor child, the | ||||||
22 | court may order respondent to pay the reasonable
| ||||||
23 | expenses incurred or to be incurred in the search for | ||||||
24 | and recovery of the
minor child, including but not | ||||||
25 | limited to legal fees, court costs, private
| ||||||
26 | investigator fees, and travel costs.
|
| |||||||
| |||||||
1 | (14) Prohibition of entry. Prohibit the respondent | ||||||
2 | from entering or
remaining in the residence or household | ||||||
3 | while the respondent is under the
influence of alcohol or | ||||||
4 | drugs and constitutes a threat to the safety and
well-being | ||||||
5 | of the petitioner or the petitioner's children.
| ||||||
6 | (14.5) Prohibition of firearm possession. | ||||||
7 | (a) Prohibit a respondent against whom an order of | ||||||
8 | protection was issued from possessing any firearms | ||||||
9 | during the duration of the order if the order: | ||||||
10 | (1) was issued after a hearing of which such | ||||||
11 | person received
actual notice, and at which such | ||||||
12 | person had an opportunity to
participate; | ||||||
13 | (2) restrains such person from harassing, | ||||||
14 | stalking, or
threatening an intimate partner of | ||||||
15 | such person or child of such
intimate partner or | ||||||
16 | person, or engaging in other conduct that
would | ||||||
17 | place an intimate partner in reasonable fear of | ||||||
18 | bodily
injury to the partner or child; and | ||||||
19 | (3)(i) includes a finding that such person | ||||||
20 | represents a
credible threat to the physical | ||||||
21 | safety of such intimate partner
or child; or
(ii) | ||||||
22 | by its terms explicitly prohibits the use, | ||||||
23 | attempted
use, or threatened use of physical force | ||||||
24 | against such intimate
partner or child that would | ||||||
25 | reasonably be expected to cause
bodily injury. | ||||||
26 | Any firearms in the
possession of the respondent, |
| |||||||
| |||||||
1 | except as provided in subsection (b), shall be ordered | ||||||
2 | by the court to be turned
over to the local law | ||||||
3 | enforcement agency for safekeeping. The court shall | ||||||
4 | issue an order that the respondent's Firearm Owner's | ||||||
5 | Identification Card be turned over to the local law | ||||||
6 | enforcement agency, which in turn shall immediately | ||||||
7 | mail the card to the Department of State Police Firearm | ||||||
8 | Owner's Identification Card Office for safekeeping.
| ||||||
9 | The period of safekeeping shall be for the duration of | ||||||
10 | the order of protection. The firearm or firearms and | ||||||
11 | Firearm Owner's Identification Card, if unexpired, | ||||||
12 | shall at the respondent's request be returned to the | ||||||
13 | respondent at expiration of the order of protection.
| ||||||
14 | (b) If the respondent is a peace officer as defined | ||||||
15 | in Section 2-13 of
the
Criminal Code of 1961, the court | ||||||
16 | shall order that any firearms used by the
respondent in | ||||||
17 | the performance of his or her duties as a
peace officer | ||||||
18 | be surrendered to
the chief law enforcement executive | ||||||
19 | of the agency in which the respondent is
employed, who | ||||||
20 | shall retain the firearms for safekeeping for the | ||||||
21 | duration of the order of protection.
| ||||||
22 | (c) Upon expiration of the period of safekeeping, | ||||||
23 | if the firearms or Firearm Owner's Identification Card | ||||||
24 | cannot be returned to respondent because respondent | ||||||
25 | cannot be located, fails to respond to requests to | ||||||
26 | retrieve the firearms, or is not lawfully eligible to |
| |||||||
| |||||||
1 | possess a firearm, upon petition from the local law | ||||||
2 | enforcement agency, the court may order the local law | ||||||
3 | enforcement agency to destroy the firearms, use the | ||||||
4 | firearms for training purposes, or for any other | ||||||
5 | application as deemed appropriate by the local law | ||||||
6 | enforcement agency; or that the firearms be turned over | ||||||
7 | to a third party who is lawfully eligible to possess | ||||||
8 | firearms, and who does not reside with respondent.
| ||||||
9 | (15) Prohibition of access to records. If an order of | ||||||
10 | protection
prohibits respondent from having contact with | ||||||
11 | the minor child,
or if petitioner's address is omitted | ||||||
12 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
13 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
14 | child, the order shall deny respondent access to, and
| ||||||
15 | prohibit respondent from inspecting, obtaining, or | ||||||
16 | attempting to
inspect or obtain, school or any other | ||||||
17 | records of the minor child
who is in the care of | ||||||
18 | petitioner.
| ||||||
19 | (16) Order for payment of shelter services. Order | ||||||
20 | respondent to
reimburse a shelter providing temporary | ||||||
21 | housing and counseling services to
the petitioner for the | ||||||
22 | cost of the services, as certified by the shelter
and | ||||||
23 | deemed reasonable by the court.
| ||||||
24 | (17) Order for injunctive relief. Enter injunctive | ||||||
25 | relief necessary
or appropriate to prevent further abuse of | ||||||
26 | a family or household member or
to effectuate one of the |
| |||||||
| |||||||
1 | granted remedies, if supported by the balance of
hardships. | ||||||
2 | If the harm to be prevented by the injunction is abuse or | ||||||
3 | any
other harm that one of the remedies listed in | ||||||
4 | paragraphs (1) through (16)
of this subsection is designed | ||||||
5 | to prevent, no further evidence is necessary
to establish | ||||||
6 | that the harm is an irreparable injury.
| ||||||
7 | (c) Relevant factors; findings.
| ||||||
8 | (1) In determining whether to grant a
specific remedy, | ||||||
9 | other than payment of support, the
court shall consider | ||||||
10 | relevant factors, including but not limited to the
| ||||||
11 | following:
| ||||||
12 | (i) the nature, frequency, severity, pattern and | ||||||
13 | consequences of the
respondent's past abuse of the | ||||||
14 | petitioner or any family or household
member, | ||||||
15 | including the concealment of his or her location in | ||||||
16 | order to evade
service of process or notice, and the | ||||||
17 | likelihood of danger of future abuse to
petitioner or
| ||||||
18 | any member of petitioner's or respondent's family or | ||||||
19 | household; and
| ||||||
20 | (ii) the danger that any minor child will be abused | ||||||
21 | or neglected or
improperly removed from the | ||||||
22 | jurisdiction, improperly concealed within the
State or | ||||||
23 | improperly separated from the child's primary | ||||||
24 | caretaker.
| ||||||
25 | (2) In comparing relative hardships resulting to the | ||||||
26 | 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 |
| |||||||
| |||||||
1 | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||||||
2 | the following procedure:
| ||||||
3 | When a verified petition for an emergency order of | ||||||
4 | protection in
accordance with the requirements of Sections | ||||||
5 | 112A-5 and 112A-17 is
presented to the court, the court | ||||||
6 | shall examine petitioner on oath or
affirmation. An | ||||||
7 | emergency order of protection shall be issued by the court
| ||||||
8 | if it appears from the contents of the petition and the | ||||||
9 | examination of
petitioner that the averments are | ||||||
10 | sufficient to indicate abuse by
respondent and to support | ||||||
11 | the granting of relief under the issuance of the
emergency | ||||||
12 | order of protection.
| ||||||
13 | (5) Never married parties. No rights or | ||||||
14 | responsibilities for a minor
child born outside of marriage | ||||||
15 | attach to a putative father until a father and
child | ||||||
16 | relationship has been established under the Illinois | ||||||
17 | Parentage Act of
1984 or under the Illinois Parentage Act | ||||||
18 | of 2013 on and after the effective date of that Act . Absent | ||||||
19 | such an adjudication, no putative father shall be granted
| ||||||
20 | temporary custody of the minor child, visitation with the | ||||||
21 | minor child, or
physical care
and possession of the minor | ||||||
22 | child, nor shall
an order of payment for support of the | ||||||
23 | minor child be entered.
| ||||||
24 | (d) Balance of hardships; findings. If the court finds that | ||||||
25 | the balance
of hardships does not support the granting of a | ||||||
26 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
| |||||||
| |||||||
1 | subsection (b) of this Section,
which may require such | ||||||
2 | balancing, the court's findings shall so
indicate and shall | ||||||
3 | include a finding as to whether granting the remedy will
result | ||||||
4 | in hardship to respondent that would substantially outweigh the | ||||||
5 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
6 | shall be an official record or in
writing.
| ||||||
7 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
8 | based, in
whole or in part, on evidence that:
| ||||||
9 | (1) Respondent has cause for any use of force, unless | ||||||
10 | that cause
satisfies the standards for justifiable use of | ||||||
11 | force provided by Article
VII of the Criminal Code of 1961;
| ||||||
12 | (2) Respondent was voluntarily intoxicated;
| ||||||
13 | (3) Petitioner acted in self-defense or defense of | ||||||
14 | another, provided
that, if petitioner utilized force, such | ||||||
15 | force was justifiable under
Article VII of the Criminal | ||||||
16 | Code of 1961;
| ||||||
17 | (4) Petitioner did not act in self-defense or defense | ||||||
18 | of another;
| ||||||
19 | (5) Petitioner left the residence or household to avoid | ||||||
20 | further abuse
by respondent;
| ||||||
21 | (6) Petitioner did not leave the residence or household | ||||||
22 | to avoid further
abuse by respondent;
| ||||||
23 | (7) Conduct by any family or household member excused | ||||||
24 | the abuse by
respondent, unless that same conduct would | ||||||
25 | have excused such abuse if the
parties had not been family | ||||||
26 | or household members.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||||||
2 | 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13.)
| ||||||
3 | Section 963. The Unified Code of Corrections is amended by | ||||||
4 | changing Section 3-5-4 as follows:
| ||||||
5 | (730 ILCS 5/3-5-4)
| ||||||
6 | Sec. 3-5-4. Exchange of information for child support
| ||||||
7 | enforcement.
| ||||||
8 | (a) The Department shall exchange with the
Department of | ||||||
9 | Healthcare and Family Services
information that
may be | ||||||
10 | necessary for the enforcement of child support orders
entered | ||||||
11 | pursuant to the Illinois Public Aid Code, the Illinois
Marriage | ||||||
12 | and 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 Illinois Parentage Act of 2013 .
| ||||||
17 | (b) Notwithstanding any provisions in this Code to the
| ||||||
18 | contrary, the Department shall not be liable
to any person for | ||||||
19 | any disclosure of information to the Department of Healthcare | ||||||
20 | and Family Services (formerly
Illinois Department of Public | ||||||
21 | Aid) under subsection (a)
or for any
other action taken in good | ||||||
22 | faith to comply with the requirements of
subsection (a).
| ||||||
23 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | Section 964. The Code of Civil Procedure is amended by | ||||||
2 | changing Sections 2-209, 2-1401, 12-112, and 12-819 as follows:
| ||||||
3 | (735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
| ||||||
4 | Sec. 2-209. Act submitting to jurisdiction - Process.
| ||||||
5 | (a) Any person,
whether or not a citizen or resident of | ||||||
6 | this State, who in person or
through an agent does any of the | ||||||
7 | acts hereinafter enumerated, thereby
submits such person, and, | ||||||
8 | if an individual, his or her personal
representative, to the | ||||||
9 | jurisdiction of the courts of this State as to any
cause of | ||||||
10 | action arising from the doing of any of such acts:
| ||||||
11 | (1) The transaction of any business within this State;
| ||||||
12 | (2) The commission of a tortious act within this State;
| ||||||
13 | (3) The ownership, use, or possession of any real | ||||||
14 | estate situated in
this State;
| ||||||
15 | (4) Contracting to insure any person, property or risk | ||||||
16 | located
within this State at the time of contracting;
| ||||||
17 | (5) With respect to actions of dissolution of marriage, | ||||||
18 | declaration
of invalidity of marriage and legal
| ||||||
19 | separation, the maintenance in this State of a matrimonial | ||||||
20 | domicile at the
time this cause of action arose or the | ||||||
21 | commission in this State of any act
giving rise to the | ||||||
22 | cause of action;
| ||||||
23 | (6) With respect to actions brought under the Illinois | ||||||
24 | Parentage Act
of 1984, as now or hereafter amended, or | ||||||
25 | under the Illinois Parentage Act of 2013 on and after the |
| |||||||
| |||||||
1 | effective date of that Act, the performance of an act of | ||||||
2 | sexual
intercourse within this State during the possible | ||||||
3 | period of conception;
| ||||||
4 | (7) The making or performance of any contract or | ||||||
5 | promise
substantially connected with this State;
| ||||||
6 | (8) The performance of sexual intercourse within this | ||||||
7 | State which is
claimed to have resulted in the conception | ||||||
8 | of a child who resides in this State;
| ||||||
9 | (9) The failure to support a child, spouse or former | ||||||
10 | spouse who has
continued to reside in this State since the | ||||||
11 | person either formerly resided
with them in this State or | ||||||
12 | directed them to reside in this State;
| ||||||
13 | (10) The acquisition of ownership, possession or | ||||||
14 | control of any asset
or thing of value present within this | ||||||
15 | State when ownership, possession or
control was acquired;
| ||||||
16 | (11) The breach of any fiduciary duty within this | ||||||
17 | State;
| ||||||
18 | (12) The performance of duties as a director or officer | ||||||
19 | of a
corporation organized under the laws of this State or | ||||||
20 | having its principal
place of business within this State;
| ||||||
21 | (13) The ownership of an interest in any trust | ||||||
22 | administered within this State; or
| ||||||
23 | (14) The exercise of powers granted under the authority | ||||||
24 | of this State as a fiduciary.
| ||||||
25 | (b) A court may exercise jurisdiction in any action arising | ||||||
26 | within or
without this State against any person who:
|
| |||||||
| |||||||
1 | (1) Is a natural person present within this State when | ||||||
2 | served;
| ||||||
3 | (2) Is a natural person domiciled or resident within | ||||||
4 | this State when
the cause of action arose, the action was | ||||||
5 | commenced, or process was served;
| ||||||
6 | (3) Is a corporation organized under the laws of this | ||||||
7 | State; or
| ||||||
8 | (4) Is a natural person or corporation doing business | ||||||
9 | within this State.
| ||||||
10 | (b-5) Foreign defamation judgment. The courts of this State | ||||||
11 | shall have personal jurisdiction over any person who obtains a | ||||||
12 | judgment in a defamation proceeding outside the United States | ||||||
13 | against any person who is a resident of Illinois or, if not a | ||||||
14 | natural person, has its principal place of business in | ||||||
15 | Illinois, for the purposes of rendering declaratory relief with | ||||||
16 | respect to that resident's liability for the judgment, or for | ||||||
17 | the purpose of determining whether said judgment should be | ||||||
18 | deemed non-recognizable pursuant to this Code, to the fullest | ||||||
19 | extent permitted by the United States Constitution, provided: | ||||||
20 | (1) the publication at issue was published in
Illinois, | ||||||
21 | and | ||||||
22 | (2) that resident (i) has assets in Illinois which | ||||||
23 | might be used to satisfy the foreign defamation judgment, | ||||||
24 | or (ii) may have to take actions in Illinois to comply with | ||||||
25 | the foreign defamation judgment. | ||||||
26 | The provisions of this subsection (b-5) shall apply to |
| |||||||
| |||||||
1 | persons who obtained judgments in defamation proceedings | ||||||
2 | outside the United States prior to, on, or after the effective | ||||||
3 | date of this amendatory Act of the 95th General Assembly. | ||||||
4 | (c) A court may also exercise jurisdiction on any other | ||||||
5 | basis now or
hereafter permitted by the Illinois Constitution | ||||||
6 | and the Constitution
of the United States.
| ||||||
7 | (d) Service of process upon any person who is subject to | ||||||
8 | the
jurisdiction of the courts of this State, as provided in | ||||||
9 | this Section,
may be made by personally serving the summons | ||||||
10 | upon the defendant outside
this State, as provided in this Act, | ||||||
11 | with the same force and effect as
though summons had been | ||||||
12 | personally served within this State.
| ||||||
13 | (e) Service of process upon any person who resides or whose | ||||||
14 | business
address is outside the United States and who is | ||||||
15 | subject to the jurisdiction
of the courts of this State, as | ||||||
16 | provided in this Section, in any action based
upon product | ||||||
17 | liability may be made by serving a copy of the summons with a | ||||||
18 | copy
of the complaint attached upon the Secretary of State. The | ||||||
19 | summons shall be
accompanied by a $5 fee payable to the | ||||||
20 | Secretary of State. The plaintiff
shall forthwith mail a copy | ||||||
21 | of the summons, upon which the date of service
upon the | ||||||
22 | Secretary is clearly shown, together with a copy of the | ||||||
23 | complaint
to the defendant at his or her last known place of | ||||||
24 | residence or business
address. Plaintiff shall file with the | ||||||
25 | circuit clerk an affidavit of the
plaintiff or his or her | ||||||
26 | attorney stating the last known place of residence
or the last |
| |||||||
| |||||||
1 | known business address of the defendant and a certificate of
| ||||||
2 | mailing a copy of the summons and complaint to the defendant at | ||||||
3 | such
address as required by this subsection (e). The | ||||||
4 | certificate of mailing
shall be prima facie evidence that the | ||||||
5 | plaintiff or his or her attorney
mailed a copy of the summons | ||||||
6 | and complaint to the defendant as required.
Service of the | ||||||
7 | summons shall be deemed to have been made upon the defendant
on | ||||||
8 | the date it is served upon the Secretary and shall have the | ||||||
9 | same force
and effect as though summons had been personally | ||||||
10 | served upon the defendant
within this State.
| ||||||
11 | (f) Only causes of action arising from acts enumerated | ||||||
12 | herein may be
asserted against a defendant in an action in | ||||||
13 | which jurisdiction over him or
her is based upon subsection | ||||||
14 | (a).
| ||||||
15 | (g) Nothing herein contained limits or affects the right to
| ||||||
16 | serve any process in any other manner now or hereafter provided | ||||||
17 | by law.
| ||||||
18 | (Source: P.A. 95-865, eff. 8-19-08.)
| ||||||
19 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| ||||||
20 | Sec. 2-1401. Relief from judgments.
| ||||||
21 | (a) Relief from final orders and judgments, after 30 days | ||||||
22 | from the
entry thereof, may be had upon petition as provided in | ||||||
23 | this Section.
Writs of error coram nobis and coram vobis, bills | ||||||
24 | of review and bills
in the nature of bills of review are | ||||||
25 | abolished. All relief heretofore
obtainable and the grounds for |
| |||||||
| |||||||
1 | such relief heretofore available,
whether by any of the | ||||||
2 | foregoing remedies or otherwise, shall be
available in every | ||||||
3 | case, by proceedings hereunder, regardless of the
nature of the | ||||||
4 | order or judgment from which relief is sought or of the
| ||||||
5 | proceedings in which it was entered. Except as provided in | ||||||
6 | Section 6
of the Illinois Parentage Act of 2013 1984 , there | ||||||
7 | shall be no distinction
between actions and other proceedings, | ||||||
8 | statutory or otherwise, as to
availability of relief, grounds | ||||||
9 | for relief or the relief obtainable.
| ||||||
10 | (b) The petition must be filed in the same proceeding in | ||||||
11 | which the
order or judgment was entered but is not a | ||||||
12 | continuation thereof. The
petition must be supported by | ||||||
13 | affidavit or other appropriate showing as
to matters not of | ||||||
14 | record. All parties to the petition shall be notified
as | ||||||
15 | provided by rule.
| ||||||
16 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
17 | and Section
2-32 of the Juvenile Court Act of 1987 or in a | ||||||
18 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
19 | Procedure of 1963, the petition
must be filed not later than 2 | ||||||
20 | years after the entry of the order or judgment.
Time during | ||||||
21 | which the person seeking relief is under legal disability or
| ||||||
22 | duress or the ground for relief is fraudulently concealed shall | ||||||
23 | be excluded
in computing the period of 2 years.
| ||||||
24 | (d) The filing of a petition under this Section does not | ||||||
25 | affect the
order or judgment, or suspend its operation.
| ||||||
26 | (e) Unless lack of jurisdiction affirmatively appears from |
| |||||||
| |||||||
1 | the
record proper, the vacation or modification of an order or | ||||||
2 | judgment
pursuant to the provisions of this Section does not | ||||||
3 | affect the right,
title or interest in or to any real or | ||||||
4 | personal property of any person,
not a party to the original | ||||||
5 | action, acquired for value after the entry
of the order or | ||||||
6 | judgment but before the filing of the petition, nor
affect any | ||||||
7 | right of any person not a party to the original action under
| ||||||
8 | any certificate of sale issued before the filing of the | ||||||
9 | petition,
pursuant to a sale based on the order or judgment.
| ||||||
10 | (f) Nothing contained in this Section affects any existing | ||||||
11 | right to
relief from a void order or judgment, or to employ any | ||||||
12 | existing method
to procure that relief.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
14 | (735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
| ||||||
15 | Sec. 12-112. What liable to enforcement. All the lands, | ||||||
16 | tenements, real
estate, goods and chattels (except such as is | ||||||
17 | by law declared to be exempt)
of every person against whom any | ||||||
18 | judgment has been or shall be hereafter
entered in any court, | ||||||
19 | for any debt, damages, costs, or other sum of money,
shall be | ||||||
20 | liable to be sold upon such judgment. Any real property, any
| ||||||
21 | beneficial interest in a land trust, or any interest in real | ||||||
22 | property held in a revocable inter vivos trust or revocable | ||||||
23 | inter vivos trusts created for estate planning purposes, held | ||||||
24 | in
tenancy by the entirety shall not be liable to be sold upon | ||||||
25 | judgment
entered on or after October 1, 1990 against only one |
| |||||||
| |||||||
1 | of the tenants, except if
the property was transferred into | ||||||
2 | tenancy by the entirety with the sole intent
to avoid the | ||||||
3 | payment of debts existing at the time of the transfer beyond | ||||||
4 | the
transferor's ability to pay those debts as they become due.
| ||||||
5 | However, any income from such property shall be subject to | ||||||
6 | garnishment as
provided in Part 7 of this Article XII, whether | ||||||
7 | judgment has been entered
against one or both of the tenants.
| ||||||
8 | If the court authorizes the piercing of the ownership veil | ||||||
9 | pursuant to
Section 505 of the Illinois Marriage and | ||||||
10 | Dissolution of Marriage Act or Section
805 15 of the Illinois | ||||||
11 | Parentage Act of 2013 1984 , any assets determined to be those | ||||||
12 | of
the non-custodial parent, although not held in name of the
| ||||||
13 | non-custodial parent, shall be subject to attachment or other | ||||||
14 | provisional
remedy in accordance with the procedure prescribed | ||||||
15 | by this Code. The court may
not authorize attachment of
| ||||||
16 | property or any other provisional remedy under this paragraph | ||||||
17 | unless it has
obtained jurisdiction over the entity holding | ||||||
18 | title to the property by proper
service on that entity. With | ||||||
19 | respect to assets which are real property, no
order entered as | ||||||
20 | described in this paragraph shall affect the rights of bona
| ||||||
21 | fide purchasers, mortgagees, judgment creditors, or other lien | ||||||
22 | holders who
acquire their interests in the property prior to | ||||||
23 | the time a notice of lis
pendens pursuant to this Code or a | ||||||
24 | copy of the order is placed of record in the
office of the | ||||||
25 | recorder of deeds for the county in which the real property is
| ||||||
26 | located.
|
| |||||||
| |||||||
1 | This amendatory Act of 1995 (P.A. 89-438) is declarative of | ||||||
2 | existing law.
| ||||||
3 | This amendatory Act of 1997 (P.A. 90-514) is intended as a | ||||||
4 | clarification
of existing law
and not as a new enactment.
| ||||||
5 | (Source: P.A. 96-1145, eff. 1-1-11.)
| ||||||
6 | (735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
| ||||||
7 | Sec. 12-819. Limitations on part 8 of Article XII. The | ||||||
8 | provisions of
this Part 8 of Article XII of this Act
do not | ||||||
9 | apply to orders for withholding of income entered by the court | ||||||
10 | under
provisions of The Illinois Public Aid Code, the Illinois | ||||||
11 | Marriage and
Dissolution
of Marriage Act, the Non-Support of | ||||||
12 | Spouse and Children Act, the Non-Support
Punishment Act, the | ||||||
13 | Revised Uniform Reciprocal Enforcement of Support Act , the | ||||||
14 | Illinois Parentage Act of 1984, and the Illinois Parentage Act | ||||||
15 | of 2013 and
the Paternity Act for
support of a child or | ||||||
16 | maintenance of a spouse.
| ||||||
17 | (Source: P.A. 91-613, eff. 10-1-99.)
| ||||||
18 | Section 965. The Illinois Wage Assignment Act is amended by | ||||||
19 | changing Section 11 as follows:
| ||||||
20 | (740 ILCS 170/11) (from Ch. 48, par. 39.12)
| ||||||
21 | Sec. 11.
The provisions of this Act do not apply to orders | ||||||
22 | for withholding
of income entered by the court under provisions | ||||||
23 | of The Illinois Public Aid
Code, the Illinois Marriage and |
| |||||||
| |||||||
1 | 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 Illinois | ||||||
4 | Parentage Act of 1984, and the Illinois Parentage Act of 2013 | ||||||
5 | and the Paternity Act for support
of a child or maintenance of | ||||||
6 | a spouse.
| ||||||
7 | (Source: P.A. 91-613, eff. 10-1-99.)
| ||||||
8 | Section 966. The Illinois Marriage and Dissolution of | ||||||
9 | Marriage Act is amended by changing Section 713 as follows:
| ||||||
10 | (750 ILCS 5/713) (from Ch. 40, par. 713)
| ||||||
11 | Sec. 713. Attachment of the Body. As used in this Section,
| ||||||
12 | "obligor" has the same meaning ascribed to such term in the | ||||||
13 | Income
Withholding for Support Act.
| ||||||
14 | (a) In any proceeding to enforce an order for support, | ||||||
15 | where the
obligor has failed to appear in court pursuant to | ||||||
16 | order of court and after
due notice thereof, the court may | ||||||
17 | enter an order for the attachment of the
body of the obligor. | ||||||
18 | Notices under this Section shall be served upon the
obligor
by | ||||||
19 | any means authorized under subsection (a-5) of Section 505. The | ||||||
20 | attachment
order shall fix an amount of escrow which is equal | ||||||
21 | to a minimum of 20% of
the total child support arrearage | ||||||
22 | alleged by the obligee in sworn testimony
to be due and owing. | ||||||
23 | The attachment order shall direct the Sheriff of any
county in | ||||||
24 | Illinois to take the obligor into custody and shall set the
|
| |||||||
| |||||||
1 | number of days following release from custody for a hearing to | ||||||
2 | be held at
which the obligor must appear, if he is released | ||||||
3 | under subsection (b) of this
Section.
| ||||||
4 | (b) If the obligor is taken into custody, the Sheriff shall | ||||||
5 | take the obligor
before the court which entered the attachment | ||||||
6 | order. However, the Sheriff may
release the person after he or | ||||||
7 | she has deposited the amount of escrow ordered
by the court | ||||||
8 | pursuant to local procedures for the posting of bond. The
| ||||||
9 | Sheriff shall advise the obligor of the hearing date at which | ||||||
10 | the obligor
is required to appear.
| ||||||
11 | (c) Any escrow deposited pursuant to this Section shall be | ||||||
12 | transmitted
to the Clerk of the Circuit Court for the county in | ||||||
13 | which the order for
attachment of the body of the obligor was | ||||||
14 | entered. Any Clerk who receives
money deposited into escrow | ||||||
15 | pursuant to this Section shall notify the
obligee, public | ||||||
16 | office or legal counsel whose name appears on the
attachment | ||||||
17 | order of the court date at which the obligor is required to
| ||||||
18 | appear and the amount deposited into escrow.
The Clerk shall | ||||||
19 | disburse
such money to the obligee only under an order from the | ||||||
20 | court that entered
the attachment order pursuant to this | ||||||
21 | Section.
| ||||||
22 | (d) Whenever an obligor is taken before the court by the | ||||||
23 | Sheriff, or appears
in court after the court has ordered the | ||||||
24 | attachment of his body, the court
shall:
| ||||||
25 | (1) hold a hearing on the complaint or petition that | ||||||
26 | gave rise to the
attachment order. For purposes of |
| |||||||
| |||||||
1 | determining arrearages that are due and
owing by the | ||||||
2 | obligor, the court shall accept the previous sworn | ||||||
3 | testimony
of the obligee as true and the appearance of the | ||||||
4 | obligee shall not be required.
The court shall require | ||||||
5 | sworn testimony of the obligor as to his or her
Social | ||||||
6 | Security number, income, employment, bank accounts, | ||||||
7 | property and
any other assets. If there is a dispute as to | ||||||
8 | the total amount of arrearages,
the court shall proceed as | ||||||
9 | in any other case as to the undisputed amounts; and
| ||||||
10 | (2) order the Clerk of the Circuit Court to disburse to | ||||||
11 | the obligee or
public office money held in escrow pursuant | ||||||
12 | to this Section if the court
finds that the amount of | ||||||
13 | arrearages exceeds the amount of the escrow. Amounts
| ||||||
14 | received by the obligee or public office shall be deducted | ||||||
15 | from the amount
of the arrearages.
| ||||||
16 | (e) If the obligor fails to appear in court after being | ||||||
17 | notified of the
court date by the Sheriff upon release from | ||||||
18 | custody, the court shall order
any monies deposited into escrow | ||||||
19 | to be immediately released to the obligee
or public office and | ||||||
20 | shall proceed under subsection (a) of this Section
by entering | ||||||
21 | another order for the attachment of the body of the obligor.
| ||||||
22 | (f) This Section shall apply to any order for support | ||||||
23 | issued under the
"Illinois Marriage and Dissolution of Marriage | ||||||
24 | Act", approved September
22, 1977, as amended; the Illinois | ||||||
25 | Parentage Act of 2013; the "Illinois Parentage Act of 1984", | ||||||
26 | effective July
1, 1985, as amended; the "Revised Uniform |
| |||||||
| |||||||
1 | Reciprocal Enforcement of Support
Act", approved August 28, | ||||||
2 | 1969, as amended; "The Illinois Public Aid Code",
approved | ||||||
3 | April 11, 1967, as amended; the Non-Support Punishment Act; and | ||||||
4 | the
"Non-support of Spouse and
Children Act", approved June 8, | ||||||
5 | 1953, as amended.
| ||||||
6 | (g) Any escrow established pursuant to this Section for the | ||||||
7 | purpose of
providing support shall not be subject to fees | ||||||
8 | collected by the Clerk of
the Circuit Court for any other | ||||||
9 | escrow.
| ||||||
10 | (Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99; | ||||||
11 | 92-16, eff.
6-28-01.)
| ||||||
12 | Section 967. The Non-Support Punishment Act is amended by | ||||||
13 | changing Section 50 as follows:
| ||||||
14 | (750 ILCS 16/50)
| ||||||
15 | Sec. 50. Community service; work alternative program.
| ||||||
16 | (a) In addition to any other penalties imposed against an | ||||||
17 | offender under
this Act, the court may order the offender to | ||||||
18 | perform community service for
not less than 30 and not more | ||||||
19 | than 120 hours per month, if community service is
available in | ||||||
20 | the jurisdiction and is funded and approved by the county board
| ||||||
21 | of the county where the offense was committed. In addition, | ||||||
22 | whenever any
person is placed on supervision for committing an | ||||||
23 | offense under this Act, the
supervision shall be conditioned on | ||||||
24 | the performance of the community service.
|
| |||||||
| |||||||
1 | (b) In addition to any other penalties imposed against an | ||||||
2 | offender under
this Act, the court may sentence the offender to | ||||||
3 | service in a work alternative
program administered by the | ||||||
4 | sheriff. The conditions of the program are that
the offender | ||||||
5 | obtain or retain employment and participate in a work | ||||||
6 | alternative
program administered by the sheriff during | ||||||
7 | non-working hours. A person may not
be required to participate | ||||||
8 | in a work alternative program under this subsection
if the | ||||||
9 | person is currently participating in a work program pursuant to | ||||||
10 | another
provision of this Act, Section 10-11.1 of the Illinois | ||||||
11 | Public Aid Code, Section
505.1 of the Illinois Marriage and | ||||||
12 | Dissolution of Marriage Act, or Section
806 15.1 of the | ||||||
13 | Illinois Parentage Act of 2013 1984 .
| ||||||
14 | (c) In addition to any other penalties imposed against an | ||||||
15 | offender under
this Act, the court may order, in cases where | ||||||
16 | the offender has been in
violation of this Act for 90 days or | ||||||
17 | more, that the offender's Illinois
driving privileges be | ||||||
18 | suspended until the court determines that the offender
is in | ||||||
19 | compliance with this Act.
| ||||||
20 | The court may determine that the offender is in compliance | ||||||
21 | with this Act
if the offender has agreed (i) to pay all | ||||||
22 | required amounts of support and
maintenance as determined by | ||||||
23 | the court or (ii) to the garnishment of his or
her income for | ||||||
24 | the purpose of paying those
amounts.
| ||||||
25 | The court may also order that the offender be issued a | ||||||
26 | family
financial responsibility driving permit that would |
| |||||||
| |||||||
1 | allow limited
driving privileges for employment and medical | ||||||
2 | purposes in
accordance with Section 7-702.1 of the Illinois | ||||||
3 | Vehicle Code.
The clerk of the circuit court shall certify the | ||||||
4 | order suspending
the driving privileges of the offender or | ||||||
5 | granting the issuance of a
family financial responsibility | ||||||
6 | driving permit to the Secretary of State
on forms prescribed by | ||||||
7 | the Secretary. Upon receipt of the authenticated
documents, the | ||||||
8 | Secretary of State shall suspend the offender's driving
| ||||||
9 | privileges until further order of the court and shall, if | ||||||
10 | ordered by the
court, subject to the provisions of Section | ||||||
11 | 7-702.1 of the Illinois Vehicle
Code, issue a family financial | ||||||
12 | responsibility driving permit to the offender.
| ||||||
13 | (d) If the court determines that the offender has been in | ||||||
14 | violation of this
Act for more than 60 days, the court may | ||||||
15 | determine whether the offender has
applied for or been issued a | ||||||
16 | professional license by the Department of
Professional | ||||||
17 | Regulation or another licensing agency. If the court determines
| ||||||
18 | that the offender has applied for or been issued such a | ||||||
19 | license, the court may
certify to the Department of | ||||||
20 | Professional Regulation or other licensing agency
that the | ||||||
21 | offender has been in violation of this Act for more than 60 | ||||||
22 | days so
that the Department or other agency may take | ||||||
23 | appropriate steps with respect
to the license or application as | ||||||
24 | provided in Section 10-65 of the Illinois
Administrative | ||||||
25 | Procedure Act and Section 2105-15 of the Department of
| ||||||
26 | Professional Regulation Law of the Civil Administrative Code of
|
| |||||||
| |||||||
1 | Illinois. The court may take the actions required under this | ||||||
2 | subsection in
addition to imposing any other penalty authorized | ||||||
3 | under this Act.
| ||||||
4 | (Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
| ||||||
5 | Section 968. The Uniform Interstate Family Support Act is | ||||||
6 | amended by changing Section 102 as follows:
| ||||||
7 | (750 ILCS 22/102) (was 750 ILCS 22/101)
| ||||||
8 | Sec. 102. Definitions. In this Act:
| ||||||
9 | "Child" means an individual, whether over or under the
age | ||||||
10 | of 18, who is or is alleged to be owed a duty of support by the
| ||||||
11 | individual's parent or who is or is alleged to be the | ||||||
12 | beneficiary of a
support order directed to the parent.
| ||||||
13 | "Child-support order" means a support order for a child,
| ||||||
14 | including a child who has attained the age of 18.
| ||||||
15 | "Duty of support" means an obligation imposed or imposable
| ||||||
16 | by law to provide support for a child, spouse, or former
spouse | ||||||
17 | including an unsatisfied obligation to provide support.
| ||||||
18 | "Home state" means the state in which a child lived with a
| ||||||
19 | parent or a person acting as parent for at least 6 consecutive | ||||||
20 | months
immediately preceding the time of filing of a petition | ||||||
21 | or comparable
pleading for support, and if a child is less than | ||||||
22 | 6 months old, the state
in which the child lived from birth | ||||||
23 | with any of them. A period of
temporary absence of any of them | ||||||
24 | is counted as part of the 6-month or
other period.
|
| |||||||
| |||||||
1 | "Income" includes earnings or other periodic entitlements | ||||||
2 | to
money from any source and any other property subject to | ||||||
3 | withholding for
support under the law of this State.
| ||||||
4 | "Income-withholding order" means an order or other legal
| ||||||
5 | process directed to an obligor's employer or other debtor, as
| ||||||
6 | defined by the Illinois Marriage and Dissolution of Marriage | ||||||
7 | Act, the
Non-Support of Spouse and Children Act, the | ||||||
8 | Non-Support Punishment Act
the Illinois Public Aid Code, and | ||||||
9 | the Illinois Parentage Act of 2013 1984 , to
withhold support | ||||||
10 | from the income of the obligor.
| ||||||
11 | "Initiating state" means a state from which a proceeding is
| ||||||
12 | forwarded or in which a proceeding is filed for forwarding to a | ||||||
13 | responding
state under this Act or a law or procedure | ||||||
14 | substantially similar to this Act.
| ||||||
15 | "Initiating tribunal" means the authorized tribunal in an
| ||||||
16 | initiating state.
| ||||||
17 | "Issuing state" means the state in which a tribunal issues | ||||||
18 | a
support order or renders a judgment determining parentage.
| ||||||
19 | "Issuing tribunal" means the tribunal that issues a support
| ||||||
20 | order or renders a judgment determining parentage.
| ||||||
21 | "Obligee" means:
| ||||||
22 | (A) an individual to whom a duty of support is or is | ||||||
23 | alleged to
be owed or in whose favor a support order has | ||||||
24 | been issued or a judgment
determining parentage has been | ||||||
25 | rendered;
| ||||||
26 | (B) a state or political subdivision to which the |
| |||||||
| |||||||
1 | rights under a
duty of support or support order have been | ||||||
2 | assigned or which has
independent claims based on financial | ||||||
3 | assistance provided to an
individual obligee; or
| ||||||
4 | (C) an individual seeking a judgment determining | ||||||
5 | parentage of
the individual's child.
| ||||||
6 | "Obligor" means an individual, or the estate of a decedent:
| ||||||
7 | (i) who owes or is alleged to owe a duty of | ||||||
8 | support;
| ||||||
9 | (ii) who is alleged but has not been adjudicated to | ||||||
10 | be
a parent of a child; or
| ||||||
11 | (iii) who is liable under a support order.
| ||||||
12 | "Person means an individual, corporation, business trust, | ||||||
13 | estate, trust,
partnership, limited liability company, | ||||||
14 | association, joint venture, government,
governmental | ||||||
15 | subdivision, agency, instrumentality, public corporation, or | ||||||
16 | any
other legal or commercial entity.
| ||||||
17 | "Record" means information that is inscribed on a tangible | ||||||
18 | medium or that
is stored in an electronic or other medium and | ||||||
19 | is retrievable in perceivable
form.
| ||||||
20 | "Register" means to record a support order or judgment | ||||||
21 | determining parentage
in the appropriate Registry of Foreign | ||||||
22 | Support Orders.
| ||||||
23 | "Registering tribunal" means a tribunal in which a support
| ||||||
24 | order is registered.
| ||||||
25 | "Responding state" means a state in which a proceeding is | ||||||
26 | filed or to
which a proceeding is forwarded for filing from an |
| |||||||
| |||||||
1 | initiating state under
this Act or a law or procedure | ||||||
2 | substantially similar to this Act.
| ||||||
3 | "Responding tribunal" means the authorized tribunal in a | ||||||
4 | responding state.
| ||||||
5 | "Spousal-support order" means a support order for a spouse
| ||||||
6 | or former spouse of the obligor.
| ||||||
7 | "State" means a state of the United States, the District of | ||||||
8 | Columbia, Puerto
Rico, the United States Virgin Islands, or any | ||||||
9 | territory or insular possession
subject to the jurisdiction of | ||||||
10 | the United States. The term includes:
| ||||||
11 | (A) an Indian tribe; and
| ||||||
12 | (B) a foreign country or political subdivision that:
| ||||||
13 | (i) has been declared to be a foreign reciprocating | ||||||
14 | country or
political subdivision under federal law;
| ||||||
15 | (ii) has established a reciprocal arrangement for | ||||||
16 | child support with
this State as provided in Section | ||||||
17 | 308; or
| ||||||
18 | (iii) has enacted a law or established procedures | ||||||
19 | for issuance
and enforcement of support orders which | ||||||
20 | are substantially similar to the
procedures under this | ||||||
21 | Act.
| ||||||
22 | "Support enforcement agency" means a public official or
| ||||||
23 | agency authorized to seek:
| ||||||
24 | (A) enforcement of support orders or laws relating to | ||||||
25 | the duty
of support;
| ||||||
26 | (B) establishment or modification of child support;
|
| |||||||
| |||||||
1 | (C) determination of parentage;
| ||||||
2 | (D) to locate obligors or their assets; or
| ||||||
3 | (E) determination of the controlling child support | ||||||
4 | order.
| ||||||
5 | "Support order" means a judgment, decree, order, or | ||||||
6 | directive, whether
temporary, final, or subject to | ||||||
7 | modification, issued by a tribunal for the
benefit of a child, | ||||||
8 | a spouse, or a former spouse, which provides for monetary
| ||||||
9 | support, health care, arrearages, or reimbursement, and may | ||||||
10 | include related
costs and fees, interest, income withholding, | ||||||
11 | attorney's fees, and other
relief.
| ||||||
12 | "Tribunal" means a court, administrative agency, or
| ||||||
13 | quasi-judicial entity authorized to establish, enforce, or
| ||||||
14 | modify support orders or to determine parentage.
| ||||||
15 | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| ||||||
16 | Section 969. The Expedited Child Support Act of 1990 is | ||||||
17 | amended by changing Section 6 as follows:
| ||||||
18 | (750 ILCS 25/6) (from Ch. 40, par. 2706)
| ||||||
19 | Sec. 6. Authority of hearing officers.
| ||||||
20 | (a) With the exception of
judicial functions exclusively | ||||||
21 | retained by the court in Section 8 of this
Act and in | ||||||
22 | accordance with Supreme Court rules promulgated pursuant to | ||||||
23 | this
Act, Administrative Hearing Officers shall be authorized | ||||||
24 | to:
|
| |||||||
| |||||||
1 | (1) Accept voluntary agreements reached by the parties | ||||||
2 | setting the amount
of child support to be paid and medical | ||||||
3 | support liability and recommend the
entry of orders | ||||||
4 | incorporating such agreements.
| ||||||
5 | (2) Accept voluntary acknowledgments of parentage and | ||||||
6 | recommend entry
of an order establishing parentage based on | ||||||
7 | such acknowledgement. Prior to
accepting such | ||||||
8 | acknowledgment, the Administrative Hearing Officer shall
| ||||||
9 | advise the putative father of his rights and obligations in | ||||||
10 | accordance with
Supreme Court rules promulgated pursuant | ||||||
11 | to this Act.
| ||||||
12 | (3) Manage all stages of discovery, including
setting | ||||||
13 | deadlines by which discovery must be completed; and | ||||||
14 | directing
the parties to submit to appropriate tests | ||||||
15 | pursuant to Section 11 of the
Illinois Parentage Act of | ||||||
16 | 2013 1984 .
| ||||||
17 | (4) Cause notices to be issued requiring the Obligor to | ||||||
18 | appear either
before the Administrative Hearing Officer or | ||||||
19 | in court.
| ||||||
20 | (5) Administer the oath or affirmation and take | ||||||
21 | testimony under oath
or affirmation.
| ||||||
22 | (6) Analyze the evidence and prepare written | ||||||
23 | recommendations based on
such evidence, including but not | ||||||
24 | limited to: (i) proposed findings as to
the amount of the | ||||||
25 | Obligor's income; (ii) proposed findings as to the amount
| ||||||
26 | and nature of appropriate deductions from the Obligor's |
| |||||||
| |||||||
1 | income to determine
the Obligor's net income; (iii) | ||||||
2 | proposed findings as to the existence of
relevant factors | ||||||
3 | as set forth in subsection (a)(2) of Section 505 of the
| ||||||
4 | Illinois Marriage and Dissolution of Marriage Act, which | ||||||
5 | justify setting
child support payment levels above or below | ||||||
6 | the guidelines; (iv)
recommended orders for temporary | ||||||
7 | child support; (v) recommended orders
setting the amount of | ||||||
8 | current child support to be paid; (vi) proposed
findings as | ||||||
9 | to the existence and amount of any arrearages; (vii)
| ||||||
10 | recommended orders reducing any arrearages to judgement | ||||||
11 | and for the payment
of amounts towards such arrearages; | ||||||
12 | (viii) proposed findings as to whether
there has been a | ||||||
13 | substantial change of circumstances since the entry of the
| ||||||
14 | last child support order, or other circumstances | ||||||
15 | justifying a modification
of the child support order; and | ||||||
16 | (ix) proposed findings as to whether the
Obligor is | ||||||
17 | employed.
| ||||||
18 | (7) With respect to any unemployed Obligor who is not | ||||||
19 | making child
support payments or is otherwise unable to | ||||||
20 | provide support, recommend that
the Obligor be ordered to | ||||||
21 | seek employment and report periodically of
his or her | ||||||
22 | efforts in accordance with such order. Additionally, the
| ||||||
23 | Administrative Hearing Officer may recommend that the | ||||||
24 | Obligor be ordered to
report to the Department of | ||||||
25 | Employment Security for job search services or
to make | ||||||
26 | application with the local Job Training Partnership Act
|
| |||||||
| |||||||
1 | provider for participation in job search, training or work | ||||||
2 | programs and, where
the duty of support is owed to a child | ||||||
3 | receiving child support
enforcement services under
Article | ||||||
4 | X of the Illinois Public Aid Code, the Administrative | ||||||
5 | Hearing
Officer may recommend that the Obligor be ordered | ||||||
6 | to report to the
Department of Healthcare and Family | ||||||
7 | Services for participation in the job search, training or
| ||||||
8 | work programs established under Section 9-6 of the Illinois | ||||||
9 | Public Aid Code.
| ||||||
10 | (8) Recommend the registration of any foreign support | ||||||
11 | judgments or orders
as the judgments or orders of Illinois.
| ||||||
12 | (b) In any case in which the Obligee is not participating | ||||||
13 | in the IV-D
program or has not applied to participate in the | ||||||
14 | IV-D program, the
Administrative Hearing Officer shall:
| ||||||
15 | (1) inform the Obligee of the existence of the IV-D | ||||||
16 | program and provide
applications on request; and
| ||||||
17 | (2) inform the Obligee and the Obligor of the option of | ||||||
18 | requesting
payment to be made through the Clerk of the | ||||||
19 | Circuit Court.
| ||||||
20 | If a request for payment through the Clerk is made, the | ||||||
21 | Administrative
Hearing Officer shall note this fact in the | ||||||
22 | recommendations to the court.
| ||||||
23 | (c) The Administrative Hearing Officer may make | ||||||
24 | recommendations in
addition to the proposed findings of fact | ||||||
25 | and recommended order to which
the parties have agreed.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | Section 970. The Income Withholding for Support Act is | ||||||
2 | amended by changing Section 15 as follows:
| ||||||
3 | (750 ILCS 28/15)
| ||||||
4 | Sec. 15. Definitions.
| ||||||
5 | (a) "Order for support" means any order of the court
which | ||||||
6 | provides for periodic payment of funds for the support of a | ||||||
7 | child
or maintenance of a spouse, whether temporary or final, | ||||||
8 | and includes any
such order which provides for:
| ||||||
9 | (1) modification or resumption of, or payment of | ||||||
10 | arrearage, including interest, accrued under,
a previously | ||||||
11 | existing order;
| ||||||
12 | (2) reimbursement of support;
| ||||||
13 | (3) payment or reimbursement of the expenses of | ||||||
14 | pregnancy and delivery
(for orders for support entered | ||||||
15 | under the Illinois Parentage Act of 1984 or its
predecessor | ||||||
16 | the Paternity Act or under the Illinois Parentage Act of | ||||||
17 | 2013 ); or
| ||||||
18 | (4) enrollment in a health insurance plan that is | ||||||
19 | available to the
obligor through an employer or labor union | ||||||
20 | or trade union.
| ||||||
21 | (b) "Arrearage" means the total amount of unpaid support | ||||||
22 | obligations, including interest,
as determined by the court and | ||||||
23 | incorporated into an order for support.
| ||||||
24 | (b-5) "Business day" means a day on which State offices are |
| |||||||
| |||||||
1 | open for
regular business.
| ||||||
2 | (c) "Delinquency" means any payment, including a payment of | ||||||
3 | interest, under an order for support
which
becomes due and | ||||||
4 | remains unpaid after entry of the order for
support.
| ||||||
5 | (d) "Income" means any form of periodic payment to an | ||||||
6 | individual,
regardless of source, including, but not limited | ||||||
7 | to: wages, salary,
commission, compensation as an independent | ||||||
8 | contractor, workers'
compensation, disability, annuity, | ||||||
9 | pension, and retirement benefits,
lottery prize
awards, | ||||||
10 | insurance proceeds, vacation pay, bonuses, profit-sharing | ||||||
11 | payments, severance pay,
interest,
and any other payments, made | ||||||
12 | by any person, private entity, federal or
state government, any | ||||||
13 | unit of local government, school district or any
entity created | ||||||
14 | by Public Act; however, "income" excludes:
| ||||||
15 | (1) any amounts required by law to be withheld, other | ||||||
16 | than creditor
claims, including, but not limited to, | ||||||
17 | federal, State and local taxes,
Social Security and other | ||||||
18 | retirement and disability contributions;
| ||||||
19 | (2) union dues;
| ||||||
20 | (3) any amounts exempted by the federal Consumer Credit | ||||||
21 | Protection Act;
| ||||||
22 | (4) public assistance payments; and
| ||||||
23 | (5) unemployment insurance benefits except as provided | ||||||
24 | by law.
| ||||||
25 | Any other State or local laws which limit or exempt income | ||||||
26 | or the amount
or percentage of income that can be withheld |
| |||||||
| |||||||
1 | shall not apply.
| ||||||
2 | (e) "Obligor" means the individual who owes a duty to make | ||||||
3 | payments under an
order for support.
| ||||||
4 | (f) "Obligee" means the individual to whom a duty of | ||||||
5 | support is owed or
the individual's legal representative.
| ||||||
6 | (g) "Payor" means any payor of income to an obligor.
| ||||||
7 | (h) "Public office" means any elected official or any State | ||||||
8 | or local agency
which is or may become responsible by law for | ||||||
9 | enforcement of, or which
is or may become authorized to | ||||||
10 | enforce, an order for support, including,
but not limited to: | ||||||
11 | the Attorney General, the Illinois Department of Healthcare and | ||||||
12 | Family Services, the Illinois Department of Human Services,
the | ||||||
13 | Illinois Department of Children and Family Services, and the | ||||||
14 | various
State's Attorneys, Clerks of the Circuit Court and | ||||||
15 | supervisors of general
assistance.
| ||||||
16 | (i) "Premium" means the dollar amount for which the obligor | ||||||
17 | is liable
to his employer or labor union or trade union and | ||||||
18 | which must be paid to enroll
or maintain a child in a health | ||||||
19 | insurance plan that is available to the obligor
through an | ||||||
20 | employer or labor union or trade union.
| ||||||
21 | (j) "State Disbursement Unit" means the unit established to | ||||||
22 | collect and
disburse support payments in accordance with the | ||||||
23 | provisions of Section 10-26 of
the Illinois Public Aid Code.
| ||||||
24 | (k) "Title IV-D Agency" means the agency of this State | ||||||
25 | charged by law with
the duty to administer the child support | ||||||
26 | enforcement program established under
Title IV, Part D of the |
| |||||||
| |||||||
1 | Social Security Act and Article X of the Illinois
Public Aid | ||||||
2 | Code.
| ||||||
3 | (l) "Title IV-D case" means a case in which an obligee or | ||||||
4 | obligor is
receiving child support enforcement services under | ||||||
5 | Title IV, Part D of the
Social Security Act and Article X of | ||||||
6 | the Illinois Public Aid Code.
| ||||||
7 | (m) "National Medical Support Notice" means the notice | ||||||
8 | required for
enforcement of orders for support providing for | ||||||
9 | health insurance coverage of a
child under Title IV, Part D of | ||||||
10 | the Social Security Act, the Employee
Retirement Income | ||||||
11 | Security Act of 1974, and federal regulations promulgated
under | ||||||
12 | those Acts.
| ||||||
13 | (n) "Employer" means a payor or labor union or trade union | ||||||
14 | with an employee
group health insurance plan and, for purposes | ||||||
15 | of the National Medical Support
Notice, also includes but is | ||||||
16 | not limited to:
| ||||||
17 | (1) any State or local governmental agency with a group | ||||||
18 | health
plan; and
| ||||||
19 | (2) any payor with a group health plan or "church plan" | ||||||
20 | covered
under the Employee Retirement Income Security Act | ||||||
21 | of 1974.
| ||||||
22 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685, | ||||||
23 | eff. 10-23-07.)
| ||||||
24 | Section 971. The Gestational Surrogacy Act is amended by | ||||||
25 | changing Section 35 as follows: |
| |||||||
| |||||||
1 | (750 ILCS 47/35)
| ||||||
2 | Sec. 35. Establishment of the parent-child relationship. | ||||||
3 | (a) For purposes of the Illinois Parentage Act of 2013 | ||||||
4 | 1984 , a parent-child relationship shall be established prior to | ||||||
5 | the birth of a child born through gestational surrogacy if, in | ||||||
6 | addition to satisfying the requirements of Articles 2 and 3 | ||||||
7 | Sections 5 and 6 of the Illinois Parentage Act of 2013 1984 , | ||||||
8 | the attorneys representing both the gestational surrogate and | ||||||
9 | the intended parent or parents certify that the parties entered | ||||||
10 | into a gestational surrogacy contract intended to satisfy the | ||||||
11 | requirements of Section 25 of this Act with respect to the | ||||||
12 | child. | ||||||
13 | (b) The attorneys' certifications required by subsection | ||||||
14 | (a) of this Section shall be filed on forms prescribed by the | ||||||
15 | Illinois Department of Public Health and in a manner consistent | ||||||
16 | with the requirement of the Illinois Parentage Act of 2013 | ||||||
17 | 1984 .
| ||||||
18 | (Source: P.A. 93-921, eff. 1-1-05.) | ||||||
19 | Section 972. The Adoption Act is amended by changing | ||||||
20 | Sections 1, 8, 12a, and 18.06 as follows:
| ||||||
21 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
22 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
23 | context
otherwise requires:
|
| |||||||
| |||||||
1 | A. "Child" means a person under legal age subject to | ||||||
2 | adoption under
this Act.
| ||||||
3 | B. "Related child" means a child subject to adoption where | ||||||
4 | either or both of
the adopting parents stands in any of the | ||||||
5 | following relationships to the child
by blood or marriage: | ||||||
6 | parent, grand-parent, brother, sister, step-parent,
| ||||||
7 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
8 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
9 | whose parent has executed
a final irrevocable consent to | ||||||
10 | adoption or a final irrevocable surrender
for purposes of | ||||||
11 | adoption, or whose parent has had his or her parental rights
| ||||||
12 | terminated, is not a related child to that person, unless the | ||||||
13 | consent is
determined to be void or is void pursuant to | ||||||
14 | subsection O of Section 10.
| ||||||
15 | C. "Agency" for the purpose of this Act means a public | ||||||
16 | child welfare agency
or a licensed child welfare agency.
| ||||||
17 | D. "Unfit person" means any person whom the court shall | ||||||
18 | find to be unfit
to have a child, without regard to the | ||||||
19 | likelihood that the child will be
placed for adoption. The | ||||||
20 | grounds of unfitness are any one or more
of the following, | ||||||
21 | except that a person shall not be considered an unfit
person | ||||||
22 | for the sole reason that the person has relinquished a child in
| ||||||
23 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
24 | (a) Abandonment of the child.
| ||||||
25 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
26 | (a-2) Abandonment of a newborn infant in any setting |
| |||||||
| |||||||
1 | where the evidence
suggests that the parent intended to | ||||||
2 | relinquish his or her parental rights.
| ||||||
3 | (b) Failure to maintain a reasonable degree of | ||||||
4 | interest, concern or
responsibility as to the child's | ||||||
5 | welfare.
| ||||||
6 | (c) Desertion of the child for more than 3 months next | ||||||
7 | preceding the
commencement of the Adoption proceeding.
| ||||||
8 | (d) Substantial neglect
of the
child if continuous or | ||||||
9 | repeated.
| ||||||
10 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
11 | of any child
residing in the household which resulted in | ||||||
12 | the death of that child.
| ||||||
13 | (e) Extreme or repeated cruelty to the child.
| ||||||
14 | (f) There is a rebuttable presumption, which can be | ||||||
15 | overcome only by clear and convincing evidence, that a | ||||||
16 | parent is unfit if:
| ||||||
17 | (1) Two or more findings of physical abuse have | ||||||
18 | been entered regarding any children under Section 2-21 | ||||||
19 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
20 | which was determined by the juvenile court
hearing the | ||||||
21 | matter to be supported by clear and convincing | ||||||
22 | evidence; or | ||||||
23 | (2) The parent has been convicted or found not | ||||||
24 | guilty by reason of insanity and the conviction or | ||||||
25 | finding resulted from the death of any child by | ||||||
26 | physical abuse; or
|
| |||||||
| |||||||
1 | (3) There is a finding of physical child abuse | ||||||
2 | resulting from the death of any
child under Section | ||||||
3 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
4 | No conviction or finding of delinquency pursuant | ||||||
5 | to Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
6 | considered a criminal conviction for the purpose of | ||||||
7 | applying any presumption under this item (f).
| ||||||
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)
|
| |||||||
| |||||||
1 | first degree murder or second degree murder of any child in
| ||||||
2 | violation of the Criminal Code of 1961; (3)
attempt or | ||||||
3 | conspiracy to commit first degree murder or second degree | ||||||
4 | murder
of any child in violation of the Criminal Code of | ||||||
5 | 1961; (4)
solicitation to commit murder of any child, | ||||||
6 | solicitation to
commit murder of any child for hire, or | ||||||
7 | solicitation to commit second
degree murder of any child in | ||||||
8 | violation of the Criminal Code of 1961; (5)
predatory | ||||||
9 | criminal sexual assault of a child in violation of
Section | ||||||
10 | 11-1.40 or 12-14.1 of the Criminal Code of 1961; (6) | ||||||
11 | heinous battery of any child in violation of the Criminal | ||||||
12 | Code of 1961; or (7) aggravated battery of any child in | ||||||
13 | violation of the Criminal Code of 1961.
| ||||||
14 | There is a rebuttable presumption that a parent is | ||||||
15 | depraved if the parent
has been criminally convicted of at | ||||||
16 | least 3 felonies under the laws of this
State or any other | ||||||
17 | state, or under federal law, or the criminal laws of any
| ||||||
18 | United States territory; and at least
one of these
| ||||||
19 | convictions took place within 5 years of the filing of the | ||||||
20 | petition or motion
seeking termination of parental rights.
| ||||||
21 | There is a rebuttable presumption that a parent is | ||||||
22 | depraved if that
parent
has
been criminally convicted of | ||||||
23 | either first or second degree murder of any person
as | ||||||
24 | defined in the Criminal Code of 1961 within 10 years of the | ||||||
25 | filing date of
the petition or motion to terminate parental | ||||||
26 | rights. |
| |||||||
| |||||||
1 | No conviction or finding of delinquency pursuant to | ||||||
2 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
3 | considered a criminal conviction for the purpose of | ||||||
4 | applying any presumption under this item (i).
| ||||||
5 | (j) Open and notorious adultery or fornication.
| ||||||
6 | (j-1) (Blank).
| ||||||
7 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
8 | than those
prescribed by a physician, for at least one year | ||||||
9 | immediately
prior to the commencement of the unfitness | ||||||
10 | proceeding.
| ||||||
11 | There is a rebuttable presumption that a parent is | ||||||
12 | unfit under this
subsection
with respect to any child to | ||||||
13 | which that parent gives birth where there is a
confirmed
| ||||||
14 | test result that at birth the child's blood, urine, or | ||||||
15 | meconium contained any
amount of a controlled substance as | ||||||
16 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
17 | Controlled Substances Act or metabolites of such | ||||||
18 | substances, the
presence of which in the newborn infant was | ||||||
19 | not the result of medical treatment
administered to the | ||||||
20 | mother or the newborn infant; and the biological mother of
| ||||||
21 | this child is the biological mother of at least one other | ||||||
22 | child who was
adjudicated a neglected minor under | ||||||
23 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
24 | 1987.
| ||||||
25 | (l) Failure to demonstrate a reasonable degree of | ||||||
26 | interest, concern or
responsibility as to the welfare of a |
| |||||||
| |||||||
1 | new born child during the first 30
days after its birth.
| ||||||
2 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
3 | to correct the
conditions that were the basis for the | ||||||
4 | removal of the child from the
parent, or (ii) to make | ||||||
5 | reasonable progress toward the return of the child
to
the | ||||||
6 | parent within 9 months after an adjudication of neglected | ||||||
7 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
8 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
9 | or (iii) to make reasonable progress
toward the return of | ||||||
10 | the
child to the parent during any 9-month period after the | ||||||
11 | end of the initial
9-month period following the | ||||||
12 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
13 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
14 | Section 2-4 of that Act.
If a service plan has been | ||||||
15 | established as
required under
Section 8.2 of the Abused and | ||||||
16 | Neglected Child Reporting Act to correct the
conditions | ||||||
17 | that were the basis for the removal of the child from the | ||||||
18 | parent
and if those services were available,
then, for | ||||||
19 | purposes of this Act, "failure to make reasonable progress | ||||||
20 | toward the
return of the child to the parent" includes (I) | ||||||
21 | the parent's failure to
substantially fulfill his or her | ||||||
22 | obligations under the
service plan and correct the | ||||||
23 | conditions that brought the child into care
within 9 months | ||||||
24 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
25 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
26 | substantially fulfill his or her obligations
under
the |
| |||||||
| |||||||
1 | service plan and correct the conditions that brought the | ||||||
2 | child into care
during any 9-month period after the end of | ||||||
3 | the initial 9-month period
following the adjudication | ||||||
4 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
5 | Notwithstanding any other provision, when a petition or | ||||||
6 | motion seeks to terminate parental rights on the basis of | ||||||
7 | item (iii) of this subsection (m), the petitioner shall | ||||||
8 | file with the court and serve on the parties a pleading | ||||||
9 | that specifies the 9-month period or periods relied on. The | ||||||
10 | pleading shall be filed and served on the parties no later | ||||||
11 | than 3 weeks before the date set by the court for closure | ||||||
12 | of discovery, and the allegations in the pleading shall be | ||||||
13 | treated as incorporated into the petition or motion. | ||||||
14 | Failure of a respondent to file a written denial of the | ||||||
15 | allegations in the pleading shall not be treated as an | ||||||
16 | admission that the allegations are true.
| ||||||
17 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
18 | child
has been in foster care for 15 months out of any 22 | ||||||
19 | month period which begins
on or after the effective date of | ||||||
20 | this amendatory Act of 1998 unless the
child's parent can | ||||||
21 | prove
by a preponderance of the evidence that it is more | ||||||
22 | likely than not that it will
be in the best interests of | ||||||
23 | the child to be returned to the parent within 6
months of | ||||||
24 | the date on which a petition for termination of parental | ||||||
25 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
26 | 15 month time limit is tolled
during
any period for which |
| |||||||
| |||||||
1 | there is a court finding that the appointed custodian or
| ||||||
2 | guardian failed to make reasonable efforts to reunify the | ||||||
3 | child with his or her
family, provided that (i) the finding | ||||||
4 | of no reasonable efforts is made within
60 days of the | ||||||
5 | period when reasonable efforts were not made or (ii) the | ||||||
6 | parent
filed a motion requesting a finding of no reasonable | ||||||
7 | efforts within 60 days of
the period when reasonable | ||||||
8 | efforts were not made. For purposes of this
subdivision | ||||||
9 | (m-1), the date of entering foster care is the earlier of: | ||||||
10 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
11 | hearing that the child is an abused,
neglected, or | ||||||
12 | dependent minor; or (ii) 60 days after the date on which | ||||||
13 | the
child is removed from his or her parent, guardian, or | ||||||
14 | legal custodian.
| ||||||
15 | (n) Evidence of intent to forgo his or her parental | ||||||
16 | rights,
whether or
not the child is a ward of the court, | ||||||
17 | (1) as manifested
by his or her failure for a period of 12 | ||||||
18 | months: (i) to visit the child,
(ii) to communicate with | ||||||
19 | the child or agency, although able to do so and
not | ||||||
20 | prevented from doing so by an agency or by court order, or | ||||||
21 | (iii) to
maintain contact with or plan for the future of | ||||||
22 | the child, although physically
able to do so, or (2) as | ||||||
23 | manifested by the father's failure, where he
and the mother | ||||||
24 | of the child were unmarried to each other at the time of | ||||||
25 | the
child's birth, (i) to commence legal proceedings to | ||||||
26 | establish his paternity
under the Illinois Parentage Act of |
| |||||||
| |||||||
1 | 1984 , the Illinois Parentage Act of 2013, or the law of the | ||||||
2 | jurisdiction of
the child's birth within 30 days of being | ||||||
3 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
4 | the father or the likely father of the child or,
after | ||||||
5 | being so informed where the child is not yet born, within | ||||||
6 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
7 | effort to pay a reasonable
amount of the expenses related | ||||||
8 | to the birth of the child and to provide a
reasonable | ||||||
9 | amount for the financial support of the child, the court to
| ||||||
10 | consider in its determination all relevant circumstances, | ||||||
11 | including the
financial condition of both parents; | ||||||
12 | provided that the ground for
termination provided in this | ||||||
13 | subparagraph (n)(2)(ii) shall only be
available where the | ||||||
14 | petition is brought by the mother or the husband of
the | ||||||
15 | mother.
| ||||||
16 | Contact or communication by a parent with his or her | ||||||
17 | child that does not
demonstrate affection and concern does | ||||||
18 | not constitute reasonable contact
and planning under | ||||||
19 | subdivision (n). In the absence of evidence to the
| ||||||
20 | contrary, the ability to visit, communicate, maintain | ||||||
21 | contact, pay
expenses and plan for the future shall be | ||||||
22 | presumed. The subjective intent
of the parent, whether | ||||||
23 | expressed or otherwise, unsupported by evidence of
the | ||||||
24 | foregoing parental acts manifesting that intent, shall not | ||||||
25 | preclude a
determination that the parent has intended to | ||||||
26 | forgo his or her
parental
rights. In making this |
| |||||||
| |||||||
1 | determination, the court may consider but shall not
require | ||||||
2 | a showing of diligent efforts by an authorized agency to | ||||||
3 | encourage
the parent to perform the acts specified in | ||||||
4 | subdivision (n).
| ||||||
5 | It shall be an affirmative defense to any allegation | ||||||
6 | under paragraph
(2) of this subsection that the father's | ||||||
7 | failure was due to circumstances
beyond his control or to | ||||||
8 | impediments created by the mother or any other
person | ||||||
9 | having legal custody. Proof of that fact need only be by a
| ||||||
10 | preponderance of the evidence.
| ||||||
11 | (o) Repeated or continuous failure by the parents, | ||||||
12 | although physically
and financially able, to provide the | ||||||
13 | child with adequate food, clothing,
or shelter.
| ||||||
14 | (p) Inability to discharge parental responsibilities | ||||||
15 | supported by
competent evidence from a psychiatrist, | ||||||
16 | licensed clinical social
worker, or clinical psychologist | ||||||
17 | of mental
impairment, mental illness or an intellectual | ||||||
18 | disability as defined in Section
1-116 of the Mental Health | ||||||
19 | and Developmental Disabilities Code, or
developmental | ||||||
20 | disability as defined in Section 1-106 of that Code, and
| ||||||
21 | there is sufficient justification to believe that the | ||||||
22 | inability to
discharge parental responsibilities shall | ||||||
23 | extend beyond a reasonable
time period. However, this | ||||||
24 | subdivision (p) shall not be construed so as to
permit a | ||||||
25 | licensed clinical social worker to conduct any medical | ||||||
26 | diagnosis to
determine mental illness or mental |
| |||||||
| |||||||
1 | impairment.
| ||||||
2 | (q) (Blank).
| ||||||
3 | (r) The child is in the temporary custody or | ||||||
4 | guardianship of the
Department of Children and Family | ||||||
5 | Services, the parent is incarcerated as a
result of | ||||||
6 | criminal conviction at the time the petition or motion for
| ||||||
7 | termination of parental rights is filed, prior to | ||||||
8 | incarceration the parent had
little or no contact with the | ||||||
9 | child or provided little or no support for the
child, and | ||||||
10 | the parent's incarceration will prevent the parent from | ||||||
11 | discharging
his or her parental responsibilities for the | ||||||
12 | child for a period in excess of 2
years after the filing of | ||||||
13 | the petition or motion for termination of parental
rights.
| ||||||
14 | (s) The child is in the temporary custody or | ||||||
15 | guardianship of the
Department of Children and Family | ||||||
16 | Services, the parent is incarcerated at the
time the | ||||||
17 | petition or motion for termination of parental rights is | ||||||
18 | filed, the
parent has been repeatedly incarcerated as a | ||||||
19 | result of criminal convictions,
and the parent's repeated | ||||||
20 | incarceration has prevented the parent from
discharging | ||||||
21 | his or her parental responsibilities for the child.
| ||||||
22 | (t) A finding that at birth the child's blood,
urine, | ||||||
23 | or meconium contained any amount of a controlled substance | ||||||
24 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
25 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
26 | substance, with the exception of
controlled substances or |
| |||||||
| |||||||
1 | metabolites of such substances, the presence of which
in | ||||||
2 | the newborn infant was the result of medical treatment | ||||||
3 | administered to the
mother or the newborn infant, and that | ||||||
4 | the biological mother of this child is
the biological | ||||||
5 | mother of at least one other child who was adjudicated a
| ||||||
6 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
7 | Juvenile Court Act
of 1987, after which the biological | ||||||
8 | mother had the opportunity to enroll in
and participate in | ||||||
9 | a clinically appropriate substance abuse
counseling, | ||||||
10 | treatment, and rehabilitation program.
| ||||||
11 | E. "Parent" means the father or mother of a lawful child of | ||||||
12 | the parties or child born out of wedlock. For the purpose of | ||||||
13 | this Act, a person who has executed a final and
irrevocable | ||||||
14 | consent to adoption or a final and irrevocable surrender for
| ||||||
15 | purposes of adoption, or whose parental rights have been | ||||||
16 | terminated by a
court, is not a parent of the child who was the | ||||||
17 | subject of the consent or
surrender, unless the consent is void | ||||||
18 | pursuant to subsection O of Section 10.
| ||||||
19 | F. A person is available for adoption when the person is:
| ||||||
20 | (a) a child who has been surrendered for adoption to an | ||||||
21 | agency and to
whose adoption the agency has thereafter | ||||||
22 | consented;
| ||||||
23 | (b) a child to whose adoption a person authorized by | ||||||
24 | law, other than his
parents, has consented, or to whose | ||||||
25 | adoption no consent is required pursuant
to Section 8 of | ||||||
26 | this Act;
|
| |||||||
| |||||||
1 | (c) a child who is in the custody of persons who intend | ||||||
2 | to adopt him
through placement made by his parents;
| ||||||
3 | (c-1) a child for whom a parent has signed a specific | ||||||
4 | consent pursuant
to subsection O of Section 10;
| ||||||
5 | (d) an adult who meets the conditions set forth in | ||||||
6 | Section 3 of this
Act; or
| ||||||
7 | (e) a child who has been relinquished as defined in | ||||||
8 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
9 | A person who would otherwise be available for adoption | ||||||
10 | shall not be
deemed unavailable for adoption solely by reason | ||||||
11 | of his or her death.
| ||||||
12 | G. The singular includes the plural and the plural includes
| ||||||
13 | the singular and the "male" includes the "female", as the | ||||||
14 | context of this
Act may require.
| ||||||
15 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
16 | does not
prove successful and it becomes necessary for the | ||||||
17 | child to be removed from
placement before the adoption is | ||||||
18 | finalized.
| ||||||
19 | I. "Foreign placing agency" is an agency or individual | ||||||
20 | operating in a
country or territory outside the United States | ||||||
21 | that is authorized by its
country to place children for | ||||||
22 | adoption either directly with families in the
United States or | ||||||
23 | through United States based international agencies.
| ||||||
24 | J. "Immediate relatives" means the biological parents, the | ||||||
25 | parents of
the biological parents and siblings of the | ||||||
26 | biological parents.
|
| |||||||
| |||||||
1 | K. "Intercountry adoption" is a process by which a child | ||||||
2 | from a country
other than the United States is adopted.
| ||||||
3 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
4 | the
Department of Children and Family Services appointed by the | ||||||
5 | Director to
coordinate the provision of services by the public | ||||||
6 | and private sector to
prospective parents of foreign-born | ||||||
7 | children.
| ||||||
8 | M. "Interstate Compact on the Placement of Children" is a | ||||||
9 | law enacted by
most states for the purpose of establishing | ||||||
10 | uniform procedures for handling
the interstate placement of | ||||||
11 | children in foster homes, adoptive homes, or
other child care | ||||||
12 | facilities.
| ||||||
13 | N. "Non-Compact state" means a state that has not enacted | ||||||
14 | the
Interstate Compact on the Placement of Children.
| ||||||
15 | O. "Preadoption requirements" are any conditions | ||||||
16 | established by the laws
or regulations of the Federal | ||||||
17 | Government or of each state that must be met
prior to the | ||||||
18 | placement of a child in an adoptive home.
| ||||||
19 | P. "Abused child" means a child whose parent or immediate | ||||||
20 | family member,
or any person responsible for the child's | ||||||
21 | welfare, or any individual
residing in the same home as the | ||||||
22 | child, or a paramour of the child's parent:
| ||||||
23 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
24 | inflicted upon
the child physical injury, by other than | ||||||
25 | accidental means, that causes
death, disfigurement, | ||||||
26 | impairment of physical or emotional health, or loss
or |
| |||||||
| |||||||
1 | impairment of any bodily function;
| ||||||
2 | (b) creates a substantial risk of physical injury to | ||||||
3 | the child by
other than accidental means which would be | ||||||
4 | likely to cause death,
disfigurement, impairment of | ||||||
5 | physical or emotional health, or loss or
impairment of any | ||||||
6 | bodily function;
| ||||||
7 | (c) commits or allows to be committed any sex offense | ||||||
8 | against the child,
as sex offenses are defined in the | ||||||
9 | Criminal Code of 1961
and extending those definitions of | ||||||
10 | sex offenses to include children under
18 years of age;
| ||||||
11 | (d) commits or allows to be committed an act or acts of | ||||||
12 | torture upon
the child; or
| ||||||
13 | (e) inflicts excessive corporal punishment.
| ||||||
14 | Q. "Neglected child" means any child whose parent or other | ||||||
15 | person
responsible for the child's welfare withholds or denies | ||||||
16 | nourishment or
medically indicated treatment including food or | ||||||
17 | care denied solely on the
basis of the present or anticipated | ||||||
18 | mental or physical impairment as determined
by a physician | ||||||
19 | acting alone or in consultation with other physicians or
| ||||||
20 | otherwise does not provide the proper or necessary support, | ||||||
21 | education
as required by law, or medical or other remedial care | ||||||
22 | recognized under State
law as necessary for a child's | ||||||
23 | well-being, or other care necessary for his
or her well-being, | ||||||
24 | including adequate food, clothing and shelter; or who
is | ||||||
25 | abandoned by his or her parents or other person responsible for | ||||||
26 | the child's
welfare.
|
| |||||||
| |||||||
1 | A child shall not be considered neglected or abused for the
| ||||||
2 | sole reason that the child's parent or other person responsible | ||||||
3 | for his
or her welfare depends upon spiritual means through | ||||||
4 | prayer alone for the
treatment or cure of disease or remedial | ||||||
5 | care as provided under Section 4
of the Abused and Neglected | ||||||
6 | Child Reporting Act.
A child shall not be considered neglected | ||||||
7 | or abused for the sole reason that
the child's parent or other | ||||||
8 | person responsible for the child's welfare failed
to vaccinate, | ||||||
9 | delayed vaccination, or refused vaccination for the child
due | ||||||
10 | to a waiver on religious or medical grounds as permitted by | ||||||
11 | law.
| ||||||
12 | R. "Putative father" means a man who may be a child's | ||||||
13 | father, but who (1) is
not married to the child's mother on or | ||||||
14 | before the date that the child was or
is to be born and (2) has | ||||||
15 | not established paternity of the child in a court
proceeding | ||||||
16 | before the filing of a petition for the adoption of the child. | ||||||
17 | The
term includes a male who is less than 18 years of age. | ||||||
18 | "Putative father" does
not mean a man who is the child's father | ||||||
19 | as a result of criminal sexual abuse
or assault as defined | ||||||
20 | under Article 12 of the Criminal Code of 1961.
| ||||||
21 | S. "Standby adoption" means an adoption in which a parent
| ||||||
22 | consents to custody and termination of parental rights to | ||||||
23 | become
effective upon the occurrence of a future event, which | ||||||
24 | is either the death of
the
parent or the request of the parent
| ||||||
25 | for the entry of a final judgment of adoption.
| ||||||
26 | T. (Blank).
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | ||||||
2 | 97-1109, eff. 1-1-13.)
| ||||||
3 | (750 ILCS 50/8) (from Ch. 40, par. 1510)
| ||||||
4 | Sec. 8. Consents to adoption and surrenders for purposes of
| ||||||
5 | adoption.
| ||||||
6 | (a) Except as hereinafter provided in this
Section consents | ||||||
7 | or surrenders shall be required in all cases, unless the
person | ||||||
8 | whose
consent or surrender would otherwise be required shall be | ||||||
9 | found by the
court:
| ||||||
10 | (1) to be an unfit person
as defined in Section
1 of | ||||||
11 | this Act, by clear and convincing evidence; or
| ||||||
12 | (2) not to be the biological or adoptive father of the | ||||||
13 | child; or
| ||||||
14 | (3) to have waived his parental rights to the child | ||||||
15 | under Section 12a or
12.1 or subsection S of Section 10 of
| ||||||
16 | this Act; or
| ||||||
17 | (4) to be the parent of an adult
sought to be adopted; | ||||||
18 | or
| ||||||
19 | (5) to be
the father of the child as a result of | ||||||
20 | criminal sexual abuse or assault as
defined under Article | ||||||
21 | 12 of the Criminal Code of 1961; or
| ||||||
22 | (6) to be the father of a child who: | ||||||
23 | (i) is a family member of the mother of the child, | ||||||
24 | and the mother is under the age of 18 at the time of | ||||||
25 | the child's conception; for purposes of this |
| |||||||
| |||||||
1 | subsection, a "family member" is a parent, | ||||||
2 | step-parent, grandparent, step-grandparent, sibling, | ||||||
3 | or cousin of the first degree, whether by whole blood, | ||||||
4 | half-blood, or adoption, as well as a person age 18 or | ||||||
5 | over at the time of the child's conception who has | ||||||
6 | resided in the household with the mother continuously | ||||||
7 | for at least one year; or | ||||||
8 | (ii) is at least 5 years older than the child's | ||||||
9 | mother, and the mother was under the age of 17 at the | ||||||
10 | time of the child's conception, unless the mother and | ||||||
11 | father voluntarily acknowledge the father's paternity | ||||||
12 | of the child by marrying or by establishing the | ||||||
13 | father's paternity by consent of the parties pursuant | ||||||
14 | to the Illinois Parentage Act of 2013 1984 or pursuant | ||||||
15 | to a substantially similar statute in another state. | ||||||
16 | A criminal conviction of any offense pursuant to | ||||||
17 | Article 12 of the Criminal Code of 1961 is not required.
| ||||||
18 | (b) Where consents are required in the case of an adoption
| ||||||
19 | of a minor child, the consents of the following persons shall | ||||||
20 | be
sufficient:
| ||||||
21 | (1) (A) The mother of the minor child; and
| ||||||
22 | (B) The father of the minor child, if the father:
| ||||||
23 | (i) was married to the mother on the date of | ||||||
24 | birth of the child or
within
300 days before the | ||||||
25 | birth of the child, except for a husband or former
| ||||||
26 | husband who has been found by a court of competent |
| |||||||
| |||||||
1 | jurisdiction not to be the
biological father of the | ||||||
2 | child; or
| ||||||
3 | (ii) is the father of the child under a | ||||||
4 | judgment for adoption, an
order of parentage, or an | ||||||
5 | acknowledgment of parentage or paternity pursuant
| ||||||
6 | to subsection (a) of Section 5 of the Illinois | ||||||
7 | Parentage Act of 1984 or pursuant to Article 3 of | ||||||
8 | the Illinois Parentage Act of 2013 ; or
| ||||||
9 | (iii) in the case of a child placed with the | ||||||
10 | adopting parents less
than
6 months after birth, | ||||||
11 | openly lived with the child, the child's | ||||||
12 | biological
mother, or
both,
and
held himself out to | ||||||
13 | be the child's biological father during the first | ||||||
14 | 30 days
following the birth of the child; or
| ||||||
15 | (iv) in the case of a child placed with the | ||||||
16 | adopting parents less than
6
months after birth, | ||||||
17 | made a good faith effort to pay a reasonable amount | ||||||
18 | of the
expenses
related to the birth of the child | ||||||
19 | and to provide a reasonable amount for the
| ||||||
20 | financial support of the child before the | ||||||
21 | expiration of 30 days following the
birth of the | ||||||
22 | child,
provided that the court may consider in its | ||||||
23 | determination all
relevant circumstances, | ||||||
24 | including the financial condition of both | ||||||
25 | biological
parents; or
| ||||||
26 | (v) in the case of a child placed with the |
| |||||||
| |||||||
1 | adopting parents
more
than 6 months after birth, | ||||||
2 | has maintained substantial and continuous or
| ||||||
3 | repeated contact with the child as manifested by:
| ||||||
4 | (I) the payment by the father
toward the support of | ||||||
5 | the child of a fair and reasonable sum, according | ||||||
6 | to the
father's means, and either (II) the father's | ||||||
7 | visiting the child at least
monthly
when | ||||||
8 | physically and financially able to do so and not | ||||||
9 | prevented from doing so
by the person or authorized | ||||||
10 | agency having lawful custody of the child, or (III)
| ||||||
11 | the father's regular communication with the child | ||||||
12 | or with the person or agency
having the care or | ||||||
13 | custody of the child, when physically and | ||||||
14 | financially unable
to visit the child or prevented | ||||||
15 | from doing so by the person or authorized
agency | ||||||
16 | having lawful custody of the child. The subjective | ||||||
17 | intent of the
father,
whether expressed or | ||||||
18 | otherwise unsupported by evidence of acts | ||||||
19 | specified in
this sub-paragraph as manifesting | ||||||
20 | such intent, shall not preclude a
determination | ||||||
21 | that the father failed to maintain substantial and | ||||||
22 | continuous or
repeated contact with the child; or
| ||||||
23 | (vi) in the case of a child placed with the | ||||||
24 | adopting parents more than
six
months after birth, | ||||||
25 | openly lived with the child for a period of six | ||||||
26 | months
within the one year period immediately |
| |||||||
| |||||||
1 | preceding the placement of the child for
adoption | ||||||
2 | and openly held himself out to be the father of the | ||||||
3 | child; or
| ||||||
4 | (vii) has timely registered with Putative | ||||||
5 | Father Registry, as provided
in
Section 12.1 of | ||||||
6 | this Act,
and prior to the expiration of 30 days | ||||||
7 | from the date
of such registration, commenced | ||||||
8 | legal
proceedings to establish paternity under the | ||||||
9 | Illinois Parentage Act of 1984 , under the Illinois | ||||||
10 | Parentage Act of 2013,
or under the law of the | ||||||
11 | jurisdiction of the child's birth; or
| ||||||
12 | (2) The legal guardian of the person of the child, if | ||||||
13 | there
is no surviving parent; or
| ||||||
14 | (3) An agency, if the child has been surrendered for
| ||||||
15 | adoption to such agency; or
| ||||||
16 | (4) Any person or agency having legal custody of a | ||||||
17 | child by court order
if the parental rights of the parents | ||||||
18 | have been judicially terminated, and
the court having | ||||||
19 | jurisdiction of the guardianship of the child has | ||||||
20 | authorized
the consent to the adoption; or
| ||||||
21 | (5) The execution and
verification of the petition by | ||||||
22 | any petitioner who is
also a parent of the child sought to | ||||||
23 | be adopted shall be sufficient evidence
of such parent's | ||||||
24 | consent to the adoption.
| ||||||
25 | (c) Where surrenders to an agency are required in the case | ||||||
26 | of a placement
for adoption of a minor child by an agency, the |
| |||||||
| |||||||
1 | surrenders of the following
persons shall be sufficient:
| ||||||
2 | (1) (A) The mother of the minor child; and
| ||||||
3 | (B) The father of the minor child, if the father:
| ||||||
4 | (i) was married to the mother on the date of | ||||||
5 | birth of the child or
within 300 days before the | ||||||
6 | birth of the child, except for a husband or former
| ||||||
7 | husband who has been found by a court of competent | ||||||
8 | jurisdiction not to be the
biological father of the | ||||||
9 | child; or
| ||||||
10 | (ii) is the father of the child under a | ||||||
11 | judgment for adoption, an
order of parentage, or an | ||||||
12 | acknowledgment of parentage or paternity pursuant
| ||||||
13 | to subsection (a) of Section 5 of the Illinois | ||||||
14 | Parentage Act of 1984 or pursuant to Article 3 of | ||||||
15 | the Illinois Parentage Act of 2013 ; or
| ||||||
16 | (iii) in the case of a child placed with the | ||||||
17 | adopting parents less
than
6 months after birth, | ||||||
18 | openly lived with the child, the child's | ||||||
19 | biological
mother, or
both,
and
held himself out to | ||||||
20 | be the child's biological father during the first | ||||||
21 | 30 days
following the birth of a child; or
| ||||||
22 | (iv) in the case of a child placed with the | ||||||
23 | adopting parents less than
6
months after birth, | ||||||
24 | made a good faith effort to pay a reasonable amount | ||||||
25 | of the
expenses
related to the birth of the child | ||||||
26 | and to provide a reasonable amount for the
|
| |||||||
| |||||||
1 | financial support of the child before
the | ||||||
2 | expiration of 30 days following the birth of
the
| ||||||
3 | child,
provided that the court may consider in its | ||||||
4 | determination all relevant
circumstances, | ||||||
5 | including the financial condition of both | ||||||
6 | biological parents;
or
| ||||||
7 | (v) in the case of a child placed with the | ||||||
8 | adopting parents more than
six
months after birth, | ||||||
9 | has maintained substantial and continuous or | ||||||
10 | repeated
contact with the child as manifested by: | ||||||
11 | (I) the payment by the father toward
the support of | ||||||
12 | the child of a fair and reasonable sum, according | ||||||
13 | to the
father's means, and either (II) the father's | ||||||
14 | visiting the child at least
monthly when | ||||||
15 | physically and financially able to do so and not | ||||||
16 | prevented from
doing so by the person or authorized | ||||||
17 | agency having lawful custody of the child
or (III) | ||||||
18 | the father's regular communication with the child | ||||||
19 | or with the person
or agency having the care or | ||||||
20 | custody of the child, when physically and
| ||||||
21 | financially unable to visit the child or prevented | ||||||
22 | from doing so by the person
or authorized agency | ||||||
23 | having lawful custody of the child. The subjective
| ||||||
24 | intent of the father, whether expressed or | ||||||
25 | otherwise, unsupported by evidence
of acts | ||||||
26 | 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 the Putative | ||||||
12 | Father Registry, as
provided
in Section 12.1 of | ||||||
13 | this Act,
and prior to the expiration of 30 days | ||||||
14 | from the date
of such
registration, commenced | ||||||
15 | legal
proceedings to establish paternity under the | ||||||
16 | Illinois Parentage Act of 1984, under the Illinois | ||||||
17 | Parentage Act of 2013, or
under the law of the | ||||||
18 | jurisdiction of the child's birth.
| ||||||
19 | (d) In making a determination under subparagraphs (b)(1) | ||||||
20 | and (c)(1), no
showing shall be required of diligent efforts by | ||||||
21 | a person or agency to
encourage the father to perform the acts | ||||||
22 | specified therein.
| ||||||
23 | (e) In the case of the adoption of an adult, only the | ||||||
24 | consent of
such adult shall be required.
| ||||||
25 | (Source: P.A. 97-493, eff. 8-22-11.)
|
| |||||||
| |||||||
1 | (750 ILCS 50/12a) (from Ch. 40, par. 1515)
| ||||||
2 | Sec. 12a. Notice to putative father.
| ||||||
3 | 1. Upon the written request to any Clerk of any Circuit | ||||||
4 | Court, and
upon the payment of a filing fee of $10.00, by any | ||||||
5 | interested party,
including persons intending to adopt a child, | ||||||
6 | a child welfare agency
with whom the mother has placed or has | ||||||
7 | given written notice of her
intention to place a child for | ||||||
8 | adoption, the mother of a child, or any
attorney representing | ||||||
9 | an interested party, a notice, the declaration of
paternity and | ||||||
10 | the disclaimer of paternity may be served on a
putative father | ||||||
11 | in the same manner as Summons is served in other civil
| ||||||
12 | proceedings, or, in lieu of personal service, service may be | ||||||
13 | made as
follows:
| ||||||
14 | (a) The person requesting notice shall pay to the Clerk | ||||||
15 | of the Court
a mailing fee of $2 plus the cost of U. S. | ||||||
16 | postage for certified or
registered mail and furnish to the | ||||||
17 | Clerk an original and one copy
of a notice, the declaration | ||||||
18 | of paternity and the disclaimer of
paternity together with | ||||||
19 | an Affidavit setting forth the putative
father's last known | ||||||
20 | address. The original notice, the declaration of
paternity | ||||||
21 | and the disclaimer of paternity shall be retained by
the | ||||||
22 | Clerk.
| ||||||
23 | (b) The Clerk shall forthwith mail to the putative | ||||||
24 | father, at the
address appearing in the Affidavit, the copy | ||||||
25 | of the notice, the
declaration of paternity and the | ||||||
26 | disclaimer of paternity, by certified
mail, return receipt |
| |||||||
| |||||||
1 | requested; the envelope and return receipt shall
bear the | ||||||
2 | return address of the Clerk. The receipt for certified mail
| ||||||
3 | shall state the name and address of the addressee, and the | ||||||
4 | date of
mailing, and shall be attached to the original | ||||||
5 | notice.
| ||||||
6 | (c) The return receipt, when returned to the Clerk, | ||||||
7 | shall be
attached to the original notice, the declaration | ||||||
8 | of paternity and the
disclaimer of paternity, and shall | ||||||
9 | constitute proof of service.
| ||||||
10 | (d) The Clerk shall note the fact of service in a | ||||||
11 | permanent record.
| ||||||
12 | 2. The notice shall be signed by the Clerk, and may be | ||||||
13 | served on the
putative father at any time after conception, and | ||||||
14 | shall read as follows:
| ||||||
15 | "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
| ||||||
16 | You have been identified as the father of a child born or | ||||||
17 | expected to be born
on or about (insert date).
| ||||||
18 | The mother of the child is.....
| ||||||
19 | The mother has indicated that she intends to place the | ||||||
20 | child for
adoption.
| ||||||
21 | As the alleged father of the child, you have certain legal | ||||||
22 | rights
with respect to the child, including the right to notice | ||||||
23 | of the filing
of proceedings instituted for the adoption of the | ||||||
24 | child. If you wish to
retain your rights with respect to the | ||||||
25 | child, you must file with the
Clerk of this Circuit Court of | ||||||
26 | .... County, Illinois, whose address is
...., Illinois, within |
| |||||||
| |||||||
1 | 30 days after the date of receipt of this notice,
the | ||||||
2 | declaration of paternity enclosed herewith stating that
you | ||||||
3 | are, in fact, the father of
the child and that you intend to | ||||||
4 | retain your legal rights with respect
to the child, or request | ||||||
5 | to be notified of any further proceedings with
respect to | ||||||
6 | custody or adoption of the child.
| ||||||
7 | If you do not file such a declaration of paternity, or a | ||||||
8 | request for
notice, then whatever legal rights you have with | ||||||
9 | respect to the child,
including the right to notice of any | ||||||
10 | future proceedings for the adoption
of the child, may be | ||||||
11 | terminated without any further notice to you. When
your legal | ||||||
12 | rights with respect to the child are so terminated, you will
| ||||||
13 | not be entitled to notice of any proceeding instituted for the | ||||||
14 | adoption
of the child.
| ||||||
15 | If you are not the father of the child, you may file with | ||||||
16 | the Clerk of this
Court the disclaimer of paternity enclosed | ||||||
17 | herewith which will be noted in the
Clerk's file and you will | ||||||
18 | receive no further notice with respect to the child."
| ||||||
19 | The declaration of paternity shall be substantially as | ||||||
20 | follows:
| ||||||
21 | "IN THE CIRCUIT COURT OF THE
| ||||||
22 | .......... JUDICIAL CIRCUIT, ILLINOIS
| ||||||
23 | .......... County
| ||||||
24 | )
| ||||||
25 | )
| ||||||
26 | ) No. )
|
| |||||||
| |||||||
1 | )
| ||||||
2 | DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
| ||||||
3 | I, ........., state as follows:
| ||||||
4 | (1) That I am ......... years of age; and I reside at | ||||||
5 | ......... in the
County of ........., State of .........
| ||||||
6 | (2) That I have been advised that ........ is the mother of | ||||||
7 | a ...male child
named ........ born or expected to be born on | ||||||
8 | or about ......... and that such
mother has stated that I am | ||||||
9 | the father of this child.
| ||||||
10 | (3) I declare that I am the father of this child.
| ||||||
11 | (4) I understand that the mother of this child wishes to | ||||||
12 | consent to the
adoption of this child. I do not consent to the | ||||||
13 | adoption of this child,
and I understand that I must return | ||||||
14 | this initial declaration of parentage
form to the Clerk of the | ||||||
15 | Circuit Court of ....... County, located at
........., within | ||||||
16 | 30 days of receipt of this notice.
| ||||||
17 | (5) I further understand that I am also obligated to | ||||||
18 | establish my
paternity pursuant to the Illinois Parentage Act | ||||||
19 | of 2013 1984 within 30 days of my
receiving this notice or, if | ||||||
20 | the child is not yet born, within 30 days after
the birth of | ||||||
21 | the child. This proceeding is separate and distinct from the
| ||||||
22 | above mailing of initial declaration of paternity; in this | ||||||
23 | second notice, I
must state that I am, in fact, the father of | ||||||
24 | said child, and that I intend
to retain my legal rights with | ||||||
25 | respect to said child, and request to be
notified of any | ||||||
26 | further proceedings with respect to custody or adoption of
the |
| |||||||
| |||||||
1 | child.
| ||||||
2 | (6) I hereby enter my appearance in the above entitled | ||||||
3 | cause.
| ||||||
4 | OATH
| ||||||
5 | I have been duly sworn and I say under oath that I have | ||||||
6 | read and
understand this Declaration of Paternity With Entry of | ||||||
7 | Appearance. The
facts that it contains are true and correct to | ||||||
8 | the best of my knowledge, and
I understand that by signing this | ||||||
9 | document I admit my paternity. I have
signed this document as | ||||||
10 | my free and voluntary act.
| ||||||
11 | ...........
| ||||||
12 | (signature)
| ||||||
13 | Dated (insert date).
| ||||||
14 | Signed and sworn before me on (insert date).
| ||||||
15 | ................
| ||||||
16 | (notary public)".
| ||||||
17 | |||||||
18 | The disclaimer of paternity shall be substantially as | ||||||
19 | follows:
| ||||||
20 | "IN THE CIRCUIT COURT OF THE
| ||||||
21 | .......... JUDICIAL CIRCUIT, ILLINOIS
| ||||||
22 | .......... County
| ||||||
23 | )
| ||||||
24 | )
| ||||||
25 | ) No. )
|
| |||||||
| |||||||
1 | )
| ||||||
2 | DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
| ||||||
3 | AND CONSENT TO ADOPTION
| ||||||
4 | I, .........., state as follows:
| ||||||
5 | (1) That I am ..... years of age; and I reside at | ||||||
6 | .......... in the County
of .........., State of ...........
| ||||||
7 | (2) That I have been advised that .......... is the mother | ||||||
8 | of a .....male
child named ..... born or expected to be born on | ||||||
9 | or about ..... and
that such mother has stated that I am the | ||||||
10 | father of this child.
| ||||||
11 | (3) I deny that I am the father of this child.
| ||||||
12 | (4) I further understand that the mother of this child | ||||||
13 | wishes to consent
to the adoption of the child. I hereby | ||||||
14 | consent to the adoption of this child,
and waive any rights, | ||||||
15 | remedies and defenses that I may now or in the future
have as a | ||||||
16 | result of the mother's allegation of the paternity of this | ||||||
17 | child.
This consent is being given in order to facilitate the | ||||||
18 | adoption of the child
and so that the court may terminate what | ||||||
19 | rights I may have to the child
as a result of being named the | ||||||
20 | father by the mother. This consent is not
in any manner an | ||||||
21 | admission of paternity.
| ||||||
22 | (5) I hereby enter my appearance in the above entitled | ||||||
23 | cause and waive
service of summons and other pleading.
| ||||||
24 | OATH
| ||||||
25 | I have been duly sworn and I say under oath that I have | ||||||
26 | read and understood
this Denial of Paternity With Entry of |
| |||||||
| |||||||
1 | Appearance and Consent to Adoption.
The facts it contains are | ||||||
2 | true and correct to the best of my knowledge,
and I understand | ||||||
3 | that by signing this document I have not admitted paternity.
I | ||||||
4 | have signed this document as my free and voluntary act in order | ||||||
5 | to facilitate
the adoption of the child.
| ||||||
6 | ...........
| ||||||
7 | (signature)
| ||||||
8 | Dated (insert date).
| ||||||
9 | Signed and sworn before me on (insert date).
| ||||||
10 | .................
| ||||||
11 | (notary public)".
| ||||||
12 | |||||||
13 | The names of adoptive parents shall not be included in the | ||||||
14 | notice.
| ||||||
15 | 3. If the putative father files a disclaimer of paternity, | ||||||
16 | he shall
be deemed not to be the father of the child with | ||||||
17 | respect to any adoption
or other proceeding held to terminate | ||||||
18 | the rights of parents as respects
such child.
| ||||||
19 | 4. In the event the putative father does not file a | ||||||
20 | declaration of
paternity of the child or request for notice | ||||||
21 | within 30 days of service
of the above notice, he need not be | ||||||
22 | made a party to or given notice of
any proceeding brought for | ||||||
23 | the adoption of the child. An Order or judgment
may be entered | ||||||
24 | in such proceeding terminating all of his rights with
respect | ||||||
25 | to the child without further notice to him.
|
| |||||||
| |||||||
1 | 5. If the putative father files a declaration of paternity | ||||||
2 | or a
request for notice in accordance with subsection 2, with | ||||||
3 | respect to the
child, he shall be given notice in event any | ||||||
4 | proceeding is brought for
the adoption of the child.
| ||||||
5 | 6. The Clerk shall maintain separate numbered files and | ||||||
6 | records of
requests and proofs of service and all other | ||||||
7 | documents filed pursuant to
this article. All such records | ||||||
8 | shall be impounded.
| ||||||
9 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
10 | (750 ILCS 50/18.06)
| ||||||
11 | Sec. 18.06. Definitions. When used in Sections
18.05 | ||||||
12 | through Section 18.6, for the purposes of the Registry:
| ||||||
13 | "Adopted person" means a person who was adopted
pursuant to | ||||||
14 | the laws in effect at the time of the adoption.
| ||||||
15 | "Adoptive parent" means a person who has become a parent | ||||||
16 | through the legal
process of adoption.
| ||||||
17 | "Adult child" means the biological child 21 years of age or | ||||||
18 | over of a deceased adopted or surrendered person.
| ||||||
19 | "Adult Adopted or Surrendered Person" means an adopted or | ||||||
20 | surrendered person 21 years of age or over. | ||||||
21 | "Agency" means a public child welfare agency or a licensed | ||||||
22 | child welfare
agency.
| ||||||
23 | "Birth aunt" means the adult full or half sister of a | ||||||
24 | deceased birth parent.
| ||||||
25 | "Birth father" means the biological father of an adopted or |
| |||||||
| |||||||
1 | surrendered
person who is named on the original certificate of | ||||||
2 | live birth or on a consent
or surrender document, or a | ||||||
3 | biological father whose paternity has been
established by a | ||||||
4 | judgment or order of the court, pursuant to the Illinois
| ||||||
5 | Parentage Act of 1984 or the Illinois Parentage Act of 2013 .
| ||||||
6 | "Birth mother" means the biological mother of an adopted or | ||||||
7 | surrendered
person.
| ||||||
8 | "Birth parent" means a birth mother or birth father of an | ||||||
9 | adopted or
surrendered person.
| ||||||
10 | "Birth Parent Preference Form" means the form prepared by | ||||||
11 | the Department of Public Health pursuant to Section 18.2 | ||||||
12 | completed by a birth parent registrant and filed with the | ||||||
13 | Registry that indicates the birth parent's preferences | ||||||
14 | regarding contact and, if applicable, the release of his or her | ||||||
15 | identifying information on the non-certified copy of the | ||||||
16 | original birth certificate released to an adult adopted or | ||||||
17 | surrendered person or to the surviving adult child or surviving | ||||||
18 | spouse of a deceased adopted or surrendered person who has | ||||||
19 | filed a Request for a Non-Certified Copy of an Original Birth | ||||||
20 | Certificate. | ||||||
21 | "Birth relative" means a birth mother, birth father, birth | ||||||
22 | sibling, birth aunt, or birth uncle.
| ||||||
23 | "Birth sibling" means the adult full or half sibling
of an | ||||||
24 | adopted or
surrendered person.
| ||||||
25 | "Birth uncle" means the adult full or half brother of a | ||||||
26 | deceased birth parent.
|
| |||||||
| |||||||
1 | "Confidential intermediary" means an individual certified | ||||||
2 | by the Department of Children and Family Services pursuant to | ||||||
3 | Section 18.3a(e). | ||||||
4 | "Denial of Information Exchange" means an affidavit | ||||||
5 | completed by a
registrant with the Illinois Adoption Registry | ||||||
6 | and Medical Information Exchange
denying the release of | ||||||
7 | identifying information which has been filed with the Registry.
| ||||||
8 | "Information Exchange Authorization" means
an affidavit | ||||||
9 | completed by a registrant with the Illinois Adoption Registry | ||||||
10 | and
Medical Information Exchange authorizing the release of | ||||||
11 | identifying
information which has been filed with the Registry.
| ||||||
12 | "Medical Information Exchange Questionnaire" means the | ||||||
13 | medical
history
questionnaire completed by a registrant of the | ||||||
14 | Illinois Adoption Registry and
Medical Information Exchange.
| ||||||
15 | "Non-certified Copy of the Original Birth Certificate" | ||||||
16 | means a non-certified copy of the original certificate of live | ||||||
17 | birth of an adult adopted or surrendered person who was born in | ||||||
18 | Illinois. | ||||||
19 | "Proof of death" means a death certificate.
| ||||||
20 | "Registrant" or "Registered Party" means a birth parent, | ||||||
21 | birth sibling,
birth aunt, birth uncle, adopted or surrendered | ||||||
22 | person 21 years of age or over, adoptive parent or legal
| ||||||
23 | guardian of an adopted or surrendered person under the age of | ||||||
24 | 21, or adoptive parent, surviving spouse, or adult child of a | ||||||
25 | deceased adopted or surrendered person who has filed
an | ||||||
26 | Illinois Adoption Registry Application or Registration |
| |||||||
| |||||||
1 | Identification Form
with the Registry.
| ||||||
2 | "Registry" means the Illinois Adoption Registry and | ||||||
3 | Medical Information Exchange. | ||||||
4 | "Request for a Non-Certified Copy of an Original Birth | ||||||
5 | Certificate" means an affidavit completed by an adult adopted | ||||||
6 | or surrendered person or by the surviving adult child or | ||||||
7 | surviving spouse of a deceased adopted or surrendered person | ||||||
8 | and filed with the Registry requesting a non-certified copy of | ||||||
9 | an adult adopted or surrendered person's original certificate | ||||||
10 | of live birth in Illinois. | ||||||
11 | "Surrendered person" means a person whose parents' rights | ||||||
12 | have been
surrendered or terminated but who has not been | ||||||
13 | adopted.
| ||||||
14 | "Surviving spouse" means the wife or husband, 21 years of | ||||||
15 | age or older, of a deceased adopted or surrendered person who | ||||||
16 | would be 21 years of age or older if still alive and who has one | ||||||
17 | or more surviving biological children who are under the age of | ||||||
18 | 21.
| ||||||
19 | "18.3 Statement" means a statement regarding the | ||||||
20 | disclosure of identifying information signed by a birth parent | ||||||
21 | under Section 18.3 of this Act as it existed immediately prior | ||||||
22 | to the effective date of this amendatory Act of the 96th | ||||||
23 | General Assembly. | ||||||
24 | (Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
| ||||||
25 | Section 973. The Illinois Domestic Violence Act of 1986 is |
| |||||||
| |||||||
1 | amended by changing Sections 202 and 214 as follows:
| ||||||
2 | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| ||||||
3 | Sec. 202. Commencement of action; filing fees; dismissal.
| ||||||
4 | (a) How to commence action. Actions for orders of | ||||||
5 | protection are commenced:
| ||||||
6 | (1) Independently: By filing a petition for an order of | ||||||
7 | protection in
any civil court, unless specific courts are | ||||||
8 | designated by local rule or order.
| ||||||
9 | (2) In conjunction with another civil proceeding: By
| ||||||
10 | filing a petition for an order of protection under the same | ||||||
11 | case number
as another civil proceeding involving the | ||||||
12 | parties, including but not
limited to: (i) any proceeding | ||||||
13 | under the Illinois Marriage and Dissolution of
Marriage | ||||||
14 | Act, Illinois Parentage Act of 2013 1984 , Nonsupport of | ||||||
15 | Spouse and
Children Act, Revised Uniform Reciprocal | ||||||
16 | Enforcement of Support Act or an
action for nonsupport | ||||||
17 | brought under Article 10 of the
Illinois Public Aid
Code, | ||||||
18 | provided that a petitioner and
the respondent are a party | ||||||
19 | to or the subject of that proceeding or (ii) a
guardianship | ||||||
20 | proceeding under the Probate Act of
1975, or a proceeding | ||||||
21 | for involuntary
commitment under the Mental Health and | ||||||
22 | Developmental Disabilities Code, or
any proceeding, other | ||||||
23 | than a delinquency petition, under the Juvenile Court
Act | ||||||
24 | of 1987, provided that a petitioner or the
respondent is a | ||||||
25 | party to or the subject of such proceeding.
|
| |||||||
| |||||||
1 | (3) In conjunction with a delinquency petition or a
| ||||||
2 | criminal prosecution: By filing a petition
for an order of | ||||||
3 | protection, under the same case number as the delinquency
| ||||||
4 | petition or criminal prosecution, to be
granted during | ||||||
5 | pre-trial release of a defendant, with any dispositional | ||||||
6 | order
issued under Section 5-710 of the Juvenile Court Act | ||||||
7 | of 1987
or as a condition of release, supervision, | ||||||
8 | conditional discharge,
probation, periodic imprisonment, | ||||||
9 | parole or mandatory supervised release, or
in conjunction | ||||||
10 | with imprisonment or a bond forfeiture warrant; provided | ||||||
11 | that:
| ||||||
12 | (i) the violation is alleged in an information, | ||||||
13 | complaint, indictment
or delinquency petition on file, | ||||||
14 | and the alleged offender and victim are
family or | ||||||
15 | household members or persons protected by this Act; and
| ||||||
16 | (ii) the petition, which is filed by the State's | ||||||
17 | Attorney, names a
victim of the alleged crime as a | ||||||
18 | petitioner.
| ||||||
19 | (b) Filing, certification, and service fees. No fee shall | ||||||
20 | be charged
by the clerk for filing, amending, vacating, | ||||||
21 | certifying, or photocopying
petitions or orders; or for issuing | ||||||
22 | alias summons; or for any
related filing service. No
fee shall | ||||||
23 | be charged by the sheriff for service by the sheriff of a
| ||||||
24 | petition,
rule, motion, or order in an action commenced under | ||||||
25 | this Section.
| ||||||
26 | (c) Dismissal and consolidation. Withdrawal or dismissal |
| |||||||
| |||||||
1 | of any
petition for an order of protection prior to | ||||||
2 | adjudication where the
petitioner is represented by the State | ||||||
3 | shall operate as a dismissal without
prejudice. No action for | ||||||
4 | an order of protection shall be dismissed because
the | ||||||
5 | respondent is being prosecuted for a crime against the | ||||||
6 | petitioner. An
independent action may be consolidated with | ||||||
7 | another civil proceeding, as
provided by paragraph (2) of | ||||||
8 | subsection (a) of this Section. For any
action commenced under | ||||||
9 | paragraph (2) or (3) of subsection (a) of this Section,
| ||||||
10 | dismissal of the conjoined case (or a finding of not guilty) | ||||||
11 | shall not
require dismissal of the action
for the order of | ||||||
12 | protection; instead, it may be treated as an
independent action | ||||||
13 | and, if necessary and appropriate, transferred to a
different | ||||||
14 | court or division. Dismissal of any conjoined case shall not | ||||||
15 | affect
the
validity of any previously issued order of | ||||||
16 | protection, and thereafter
subsections (b)(1) and (b)(2) of | ||||||
17 | Section 220 shall be inapplicable to
such order.
| ||||||
18 | (d) Pro se petitions. The court shall provide, through the | ||||||
19 | office of
the clerk of the court, simplified forms and clerical | ||||||
20 | assistance to help
with the writing and filing of a petition | ||||||
21 | under this Section by any person
not represented by counsel. In | ||||||
22 | addition, that assistance may be provided
by the state's | ||||||
23 | attorney.
| ||||||
24 | (Source: P.A. 93-458, eff. 1-1-04.)
| ||||||
25 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
| |||||||
| |||||||
1 | Sec. 214. Order of protection; remedies.
| ||||||
2 | (a) Issuance of order. If the court finds that petitioner | ||||||
3 | has been
abused by a family or household member or that | ||||||
4 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
5 | or exploited, as defined in this Act,
an order of protection | ||||||
6 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
7 | provided that petitioner must also satisfy the requirements of
| ||||||
8 | one of the following Sections, as appropriate: Section 217 on | ||||||
9 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
10 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
11 | protection because petitioner or
respondent is a minor. The | ||||||
12 | court, when determining whether or not to issue
an order of | ||||||
13 | protection, shall not require physical manifestations of abuse
| ||||||
14 | on the person of the victim. Modification and extension of | ||||||
15 | prior
orders of protection shall be in accordance with this | ||||||
16 | Act.
| ||||||
17 | (b) Remedies and standards. The remedies to be included in | ||||||
18 | an order of
protection shall be determined in accordance with | ||||||
19 | this Section and one of
the following Sections, as appropriate: | ||||||
20 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
21 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
22 | subsection shall be in addition to other civil or
criminal | ||||||
23 | remedies available to petitioner.
| ||||||
24 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
25 | Prohibit
respondent's harassment, interference with | ||||||
26 | personal liberty, intimidation
of a dependent, physical |
| |||||||
| |||||||
1 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
2 | defined in this Act, or stalking of the petitioner, as | ||||||
3 | defined
in Section 12-7.3 of the Criminal Code of 1961, if | ||||||
4 | such abuse, neglect,
exploitation, or stalking has | ||||||
5 | occurred or otherwise appears likely to occur if
not | ||||||
6 | prohibited.
| ||||||
7 | (2) Grant of exclusive possession of residence. | ||||||
8 | Prohibit respondent from
entering or remaining in any | ||||||
9 | residence, household, or premises of the petitioner,
| ||||||
10 | including one owned or leased by respondent, if petitioner | ||||||
11 | has a right to
occupancy thereof. The grant of exclusive | ||||||
12 | possession of the residence, household, or premises shall | ||||||
13 | not
affect title to real property, nor shall the court be | ||||||
14 | limited by the standard
set forth in Section 701 of the | ||||||
15 | Illinois Marriage and Dissolution of Marriage
Act.
| ||||||
16 | (A) Right to occupancy. A party has a right to | ||||||
17 | occupancy of a
residence or household if it is solely | ||||||
18 | or jointly owned or leased by that
party, that party's | ||||||
19 | spouse, a person with a legal duty to support that | ||||||
20 | party or
a minor child in that party's care, or by any | ||||||
21 | person or entity other than the
opposing party that | ||||||
22 | authorizes that party's occupancy (e.g., a domestic
| ||||||
23 | violence shelter). Standards set forth in subparagraph | ||||||
24 | (B) shall not preclude
equitable relief.
| ||||||
25 | (B) Presumption of hardships. If petitioner and | ||||||
26 | respondent
each has the right to occupancy of a |
| |||||||
| |||||||
1 | residence or household, the court
shall balance (i) the | ||||||
2 | hardships to respondent and any minor child or
| ||||||
3 | dependent adult in respondent's care resulting from | ||||||
4 | entry of this remedy with
(ii) the hardships to | ||||||
5 | petitioner and any minor child or dependent adult in
| ||||||
6 | petitioner's care resulting from continued exposure to | ||||||
7 | the risk of abuse
(should petitioner remain at the | ||||||
8 | residence or household) or from loss of
possession of | ||||||
9 | the residence or household (should petitioner leave to | ||||||
10 | avoid the
risk of abuse). When determining the balance | ||||||
11 | of hardships, the court shall
also take into account | ||||||
12 | the accessibility of the residence or household.
| ||||||
13 | Hardships need not be balanced if respondent does not | ||||||
14 | have a right to
occupancy.
| ||||||
15 | The balance of hardships is presumed to favor | ||||||
16 | possession by
petitioner unless the presumption is | ||||||
17 | rebutted by a preponderance of the
evidence, showing | ||||||
18 | that the hardships to respondent substantially | ||||||
19 | outweigh
the hardships to petitioner and any minor | ||||||
20 | child or dependent adult in
petitioner's care. The | ||||||
21 | court, on the request of petitioner or on its own
| ||||||
22 | motion, may order respondent to provide suitable, | ||||||
23 | accessible, alternate housing
for petitioner instead | ||||||
24 | of excluding respondent from a mutual residence or
| ||||||
25 | household.
| ||||||
26 | (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 | (A) If an order of protection grants petitioner | ||||||
11 | exclusive possession
of the residence, or prohibits | ||||||
12 | respondent from entering the residence,
or orders | ||||||
13 | respondent to stay away from petitioner or other
| ||||||
14 | protected persons, then the court may allow respondent | ||||||
15 | access to the
residence to remove items of clothing and | ||||||
16 | personal adornment
used exclusively by respondent, | ||||||
17 | medications, and other items as the court
directs. The | ||||||
18 | right to access shall be exercised on only one occasion | ||||||
19 | as the
court directs and in the presence of an | ||||||
20 | agreed-upon adult third party or law
enforcement | ||||||
21 | officer.
| ||||||
22 | (B) When the petitioner and the respondent attend | ||||||
23 | the same public, private, or non-public elementary, | ||||||
24 | middle, or high school, the court when issuing an order | ||||||
25 | of protection and providing relief shall consider the | ||||||
26 | severity of the act, any continuing physical danger or |
| |||||||
| |||||||
1 | emotional distress to the petitioner, the educational | ||||||
2 | rights guaranteed to the petitioner and respondent | ||||||
3 | under federal and State law, the availability of a | ||||||
4 | transfer of the respondent to another school, a change | ||||||
5 | of placement or a change of program of the respondent, | ||||||
6 | the expense, difficulty, and educational disruption | ||||||
7 | that would be caused by a transfer of the respondent to | ||||||
8 | another school, and any other relevant facts of the | ||||||
9 | case. The court may order that the respondent not | ||||||
10 | attend the public, private, or non-public elementary, | ||||||
11 | middle, or high school attended by the petitioner, | ||||||
12 | order that the respondent accept a change of placement | ||||||
13 | or change of program, as determined by the school | ||||||
14 | district or private or non-public school, or place | ||||||
15 | restrictions on the respondent's movements within the | ||||||
16 | school attended by the petitioner.
The respondent | ||||||
17 | bears the burden of proving by a preponderance of the | ||||||
18 | evidence that a transfer, change of placement, or | ||||||
19 | change of program of the respondent is not available. | ||||||
20 | The respondent also bears the burden of production with | ||||||
21 | respect to the expense, difficulty, and educational | ||||||
22 | disruption that would be caused by a transfer of the | ||||||
23 | respondent to another school. A transfer, change of | ||||||
24 | placement, or change of program is not unavailable to | ||||||
25 | the respondent solely on the ground that the respondent | ||||||
26 | does not agree with the school district's or private or |
| |||||||
| |||||||
1 | non-public school's transfer, change of placement, or | ||||||
2 | change of program or solely on the ground that the | ||||||
3 | respondent fails or refuses to consent or otherwise | ||||||
4 | does not take an action required to effectuate a | ||||||
5 | transfer, change of placement, or change of program.
| ||||||
6 | When a court orders a respondent to stay away from the | ||||||
7 | public, private, or non-public school attended by the | ||||||
8 | petitioner and the respondent requests a transfer to | ||||||
9 | another attendance center within the respondent's | ||||||
10 | school district or private or non-public school, the | ||||||
11 | school district or private or non-public school shall | ||||||
12 | have sole discretion to determine the attendance | ||||||
13 | center to which the respondent is transferred.
In the | ||||||
14 | event the court order results in a transfer of the | ||||||
15 | minor respondent to another attendance center, a | ||||||
16 | change in the respondent's placement, or a change of | ||||||
17 | the respondent's program, the parents, guardian, or | ||||||
18 | legal custodian of the respondent is responsible for | ||||||
19 | transportation and other costs associated with the | ||||||
20 | transfer or change. | ||||||
21 | (C) The court may order the parents, guardian, or | ||||||
22 | legal custodian of a minor respondent to take certain | ||||||
23 | actions or to refrain from taking certain actions to | ||||||
24 | ensure that the respondent complies with the order. In | ||||||
25 | the event the court orders a transfer of the respondent | ||||||
26 | to another school, the parents, guardian, or legal |
| |||||||
| |||||||
1 | custodian of the respondent is responsible for | ||||||
2 | transportation and other costs associated with the | ||||||
3 | change of school by the respondent.
| ||||||
4 | (4) Counseling. Require or recommend the respondent to | ||||||
5 | undergo
counseling for a specified duration with a social | ||||||
6 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
7 | family service agency, alcohol or
substance abuse program, | ||||||
8 | mental health center guidance counselor, agency
providing | ||||||
9 | services to elders, program designed for domestic violence
| ||||||
10 | abusers or any other guidance service the court deems | ||||||
11 | appropriate. The Court may order the respondent in any | ||||||
12 | intimate partner relationship to report to an Illinois | ||||||
13 | Department of Human Services protocol approved partner | ||||||
14 | abuse intervention program for an assessment and to follow | ||||||
15 | all recommended treatment.
| ||||||
16 | (5) Physical care and possession of the minor child. In | ||||||
17 | order to protect
the minor child from abuse, neglect, or | ||||||
18 | unwarranted separation from the person
who has been the | ||||||
19 | minor child's primary caretaker, or to otherwise protect | ||||||
20 | the
well-being of the minor child, the court may do either | ||||||
21 | or both of the
following: (i) grant petitioner physical | ||||||
22 | care or possession of the minor child,
or both, or (ii) | ||||||
23 | order respondent to return a minor child to, or not remove | ||||||
24 | a
minor child from, the physical care of a parent or person | ||||||
25 | in loco parentis.
| ||||||
26 | If a court finds, after a hearing, that respondent has |
| |||||||
| |||||||
1 | committed abuse
(as defined in Section 103) of a minor | ||||||
2 | child, there shall be a
rebuttable presumption that | ||||||
3 | awarding physical care to respondent would not
be in the | ||||||
4 | minor child's best interest.
| ||||||
5 | (6) Temporary legal custody. Award temporary legal | ||||||
6 | custody to petitioner
in accordance with this Section, the | ||||||
7 | Illinois Marriage and Dissolution of
Marriage Act, the | ||||||
8 | Illinois Parentage Act of 2013 1984 , and this State's | ||||||
9 | Uniform
Child-Custody Jurisdiction and Enforcement Act.
| ||||||
10 | If a court finds, after a hearing, that respondent has | ||||||
11 | committed abuse (as
defined in Section 103) of a minor | ||||||
12 | child, there shall be a rebuttable
presumption that | ||||||
13 | awarding temporary legal custody to respondent would not be | ||||||
14 | in
the child's best interest.
| ||||||
15 | (7) Visitation. Determine the visitation rights, if | ||||||
16 | any, of respondent in
any case in which the court awards | ||||||
17 | physical care or temporary legal custody of
a minor child | ||||||
18 | to petitioner. The court shall restrict or deny | ||||||
19 | respondent's
visitation with a minor child if the court | ||||||
20 | finds that respondent has done or is
likely to do any of | ||||||
21 | the following: (i) abuse or endanger the minor child during
| ||||||
22 | visitation; (ii) use the visitation as an opportunity to | ||||||
23 | abuse or harass
petitioner or petitioner's family or | ||||||
24 | household members; (iii) improperly
conceal or detain the | ||||||
25 | minor child; or (iv) otherwise act in a manner that is
not | ||||||
26 | in the best interests of the minor child. The court shall |
| |||||||
| |||||||
1 | not be limited
by the standards set forth in Section 607.1 | ||||||
2 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
3 | If the court grants visitation, the order shall
specify | ||||||
4 | dates and times for the visitation to take place or other | ||||||
5 | specific
parameters or conditions that are appropriate. No | ||||||
6 | order for visitation shall
refer merely to the term | ||||||
7 | "reasonable visitation".
| ||||||
8 | Petitioner may deny respondent access to the minor | ||||||
9 | child if, when
respondent arrives for visitation, | ||||||
10 | respondent is under the influence of drugs
or alcohol and | ||||||
11 | constitutes a threat to the safety and well-being of
| ||||||
12 | petitioner or petitioner's minor children or is behaving in | ||||||
13 | a violent or
abusive manner.
| ||||||
14 | If necessary to protect any member of petitioner's | ||||||
15 | family or
household from future abuse, respondent shall be | ||||||
16 | prohibited from coming to
petitioner's residence to meet | ||||||
17 | the minor child for visitation, and the
parties shall | ||||||
18 | submit to the court their recommendations for reasonable
| ||||||
19 | alternative arrangements for visitation. A person may be | ||||||
20 | approved to
supervise visitation only after filing an | ||||||
21 | affidavit accepting
that responsibility and acknowledging | ||||||
22 | accountability to the court.
| ||||||
23 | (8) Removal or concealment of minor child. Prohibit | ||||||
24 | respondent from
removing a minor child from the State or | ||||||
25 | concealing the child within the State.
| ||||||
26 | (9) Order to appear. Order the respondent to appear in |
| |||||||
| |||||||
1 | court, alone
or with a minor child, to prevent abuse, | ||||||
2 | neglect, removal or concealment of
the child, to return the | ||||||
3 | child to the custody or care of the petitioner or
to permit | ||||||
4 | any court-ordered interview or examination of the child or | ||||||
5 | the
respondent.
| ||||||
6 | (10) Possession of personal property. Grant petitioner | ||||||
7 | exclusive
possession of personal property and, if | ||||||
8 | respondent has possession or
control, direct respondent to | ||||||
9 | promptly make it available to petitioner, if:
| ||||||
10 | (i) petitioner, but not respondent, owns the | ||||||
11 | property; or
| ||||||
12 | (ii) the parties own the property jointly; sharing | ||||||
13 | it would risk
abuse of petitioner by respondent or is | ||||||
14 | impracticable; and the balance of
hardships favors | ||||||
15 | temporary possession by petitioner.
| ||||||
16 | If petitioner's sole claim to ownership of the property | ||||||
17 | is that it is
marital property, the court may award | ||||||
18 | petitioner temporary possession
thereof under the | ||||||
19 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
20 | proper proceeding has been filed under the Illinois | ||||||
21 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
22 | hereafter amended.
| ||||||
23 | No order under this provision shall affect title to | ||||||
24 | property.
| ||||||
25 | (11) Protection of property. Forbid the respondent | ||||||
26 | from taking,
transferring, encumbering, concealing, |
| |||||||
| |||||||
1 | damaging or otherwise disposing of
any real or personal | ||||||
2 | property, except as explicitly authorized by the
court, if:
| ||||||
3 | (i) petitioner, but not respondent, owns the | ||||||
4 | property; or
| ||||||
5 | (ii) the parties own the property jointly,
and the | ||||||
6 | balance of hardships favors granting this remedy.
| ||||||
7 | If petitioner's sole claim to ownership of the property | ||||||
8 | is that it is
marital property, the court may grant | ||||||
9 | petitioner relief under subparagraph
(ii) of this | ||||||
10 | paragraph only if a proper proceeding has been filed under | ||||||
11 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
12 | now or hereafter amended.
| ||||||
13 | The court may further prohibit respondent from | ||||||
14 | improperly using the
financial or other resources of an | ||||||
15 | aged member of the family or household
for the profit or | ||||||
16 | advantage of respondent or of any other person.
| ||||||
17 | (11.5) Protection of animals. Grant the petitioner the | ||||||
18 | exclusive care, custody, or control of any animal owned, | ||||||
19 | possessed, leased, kept, or held by either the petitioner | ||||||
20 | or the respondent or a minor child residing in the | ||||||
21 | residence or household of either the petitioner or the | ||||||
22 | respondent and order the respondent to stay away from the | ||||||
23 | animal and forbid the respondent from taking, | ||||||
24 | transferring, encumbering, concealing, harming, or | ||||||
25 | otherwise disposing of the animal.
| ||||||
26 | (12) Order for payment of support. Order respondent to |
| |||||||
| |||||||
1 | pay temporary
support for the petitioner or any child in | ||||||
2 | the petitioner's care or
custody, when the respondent has a | ||||||
3 | legal obligation to support that person,
in accordance with | ||||||
4 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
5 | which shall govern, among other matters, the amount of
| ||||||
6 | support, payment through the clerk and withholding of | ||||||
7 | income to secure
payment. An order for child support may be | ||||||
8 | granted to a petitioner with
lawful physical care or | ||||||
9 | custody of a child, or an order or agreement for
physical | ||||||
10 | care or custody, prior to entry of an order for legal | ||||||
11 | custody.
Such a support order shall expire upon entry of a | ||||||
12 | valid order granting
legal custody to another, unless | ||||||
13 | otherwise provided in the custody order.
| ||||||
14 | (13) Order for payment of losses. Order respondent to | ||||||
15 | pay petitioner for
losses suffered as a direct result of | ||||||
16 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
17 | include, but not be limited to, medical expenses, lost
| ||||||
18 | earnings or other support, repair or replacement of | ||||||
19 | property damaged or taken,
reasonable attorney's fees, | ||||||
20 | court costs and moving or other travel expenses,
including | ||||||
21 | additional reasonable expenses for temporary shelter and | ||||||
22 | restaurant
meals.
| ||||||
23 | (i) Losses affecting family needs. If a party is | ||||||
24 | entitled to seek
maintenance, child support or | ||||||
25 | property distribution from the other party
under the | ||||||
26 | Illinois Marriage and Dissolution of Marriage Act, as |
| |||||||
| |||||||
1 | now or
hereafter amended, the court may order | ||||||
2 | respondent to reimburse petitioner's
actual losses, to | ||||||
3 | the extent that such reimbursement would be | ||||||
4 | "appropriate
temporary relief", as authorized by | ||||||
5 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
6 | (ii) Recovery of expenses. In the case of an | ||||||
7 | improper concealment
or removal of a minor child, the | ||||||
8 | court may order respondent to pay the
reasonable | ||||||
9 | expenses incurred or to be incurred in the search for | ||||||
10 | and recovery
of the minor child, including but not | ||||||
11 | limited to legal fees, court costs,
private | ||||||
12 | investigator fees, and travel costs.
| ||||||
13 | (14) Prohibition of entry. Prohibit the respondent | ||||||
14 | from entering or
remaining in the residence or household | ||||||
15 | while the respondent is under the
influence of alcohol or | ||||||
16 | drugs and constitutes a threat to the safety and
well-being | ||||||
17 | of the petitioner or the petitioner's children.
| ||||||
18 | (14.5) Prohibition of firearm possession.
| ||||||
19 | (a) Prohibit a respondent against whom an order of | ||||||
20 | protection was issued from possessing any firearms | ||||||
21 | during the duration of the order if the order: | ||||||
22 | (1) was issued after a hearing of which such | ||||||
23 | person received
actual notice, and at which such | ||||||
24 | person had an opportunity to
participate; | ||||||
25 | (2) restrains such person from harassing, | ||||||
26 | stalking, or
threatening an intimate partner of |
| |||||||
| |||||||
1 | such person or child of such
intimate partner or | ||||||
2 | person, or engaging in other conduct that
would | ||||||
3 | place an intimate partner in reasonable fear of | ||||||
4 | bodily
injury to the partner or child; and | ||||||
5 | (3)(i) includes a finding that such person | ||||||
6 | represents a
credible threat to the physical | ||||||
7 | safety of such intimate partner
or child; or
(ii) | ||||||
8 | by its terms explicitly prohibits the use, | ||||||
9 | attempted
use, or threatened use of physical force | ||||||
10 | against such intimate
partner or child that would | ||||||
11 | reasonably be expected to cause
bodily injury. | ||||||
12 | Any Firearm Owner's Identification Card in the
| ||||||
13 | possession of the respondent, except as provided in | ||||||
14 | subsection (b), shall be ordered by the court to be | ||||||
15 | turned
over to the local law enforcement agency. The | ||||||
16 | local law enforcement agency shall immediately mail | ||||||
17 | the card to the Department of State Police Firearm | ||||||
18 | Owner's Identification Card Office
for safekeeping. | ||||||
19 | The court shall
issue a warrant for seizure of any | ||||||
20 | firearm in the possession of the respondent, to be kept | ||||||
21 | by the local law enforcement agency for safekeeping, | ||||||
22 | except as provided in subsection (b).
The period of | ||||||
23 | safekeeping shall be for the duration of the order of | ||||||
24 | protection. The firearm or firearms and Firearm | ||||||
25 | Owner's Identification Card, if unexpired, shall at | ||||||
26 | the respondent's request, be returned to the |
| |||||||
| |||||||
1 | respondent at the end
of the order of protection. It is | ||||||
2 | the respondent's responsibility to notify the | ||||||
3 | Department of State Police Firearm Owner's | ||||||
4 | Identification Card Office.
| ||||||
5 | (b) If the respondent is a peace officer as defined | ||||||
6 | in Section 2-13 of
the
Criminal Code of 1961, the court | ||||||
7 | shall order that any firearms used by the
respondent in | ||||||
8 | the performance of his or her duties as a
peace officer | ||||||
9 | be surrendered to
the chief law enforcement executive | ||||||
10 | of the agency in which the respondent is
employed, who | ||||||
11 | shall retain the firearms for safekeeping for the | ||||||
12 | duration of the order of protection.
| ||||||
13 | (c) Upon expiration of the period of safekeeping, | ||||||
14 | if the firearms or Firearm Owner's Identification Card | ||||||
15 | cannot be returned to respondent because respondent | ||||||
16 | cannot be located, fails to respond to requests to | ||||||
17 | retrieve the firearms, or is not lawfully eligible to | ||||||
18 | possess a firearm, upon petition from the local law | ||||||
19 | enforcement agency, the court may order the local law | ||||||
20 | enforcement agency to destroy the firearms, use the | ||||||
21 | firearms for training purposes, or for any other | ||||||
22 | application as deemed appropriate by the local law | ||||||
23 | enforcement agency; or that the firearms be turned over | ||||||
24 | to a third party who is lawfully eligible to possess | ||||||
25 | firearms, and who does not reside with respondent.
| ||||||
26 | (15) Prohibition of access to records. If an order of |
| |||||||
| |||||||
1 | protection
prohibits respondent from having contact with | ||||||
2 | the minor child,
or if petitioner's address is omitted | ||||||
3 | under subsection (b) of
Section 203, or if necessary to | ||||||
4 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
5 | child, the order shall deny respondent access to, and
| ||||||
6 | prohibit respondent from inspecting, obtaining, or | ||||||
7 | attempting to
inspect or obtain, school or any other | ||||||
8 | records of the minor child
who is in the care of | ||||||
9 | petitioner.
| ||||||
10 | (16) Order for payment of shelter services. Order | ||||||
11 | respondent to
reimburse a shelter providing temporary | ||||||
12 | housing and counseling services to
the petitioner for the | ||||||
13 | cost of the services, as certified by the shelter
and | ||||||
14 | deemed reasonable by the court.
| ||||||
15 | (17) Order for injunctive relief. Enter injunctive | ||||||
16 | relief necessary
or appropriate to prevent further abuse of | ||||||
17 | a family or household member
or further abuse, neglect, or | ||||||
18 | exploitation of a high-risk adult with
disabilities or to | ||||||
19 | effectuate one of the granted remedies, if supported by the
| ||||||
20 | balance of hardships. If the harm to be prevented by the | ||||||
21 | injunction is abuse
or any other harm that one of the | ||||||
22 | remedies listed in paragraphs (1) through
(16) of this | ||||||
23 | subsection is designed to prevent, no further evidence is
| ||||||
24 | necessary that the harm is an irreparable injury.
| ||||||
25 | (c) Relevant factors; findings.
| ||||||
26 | (1) In determining whether to grant a specific remedy, |
| |||||||
| |||||||
1 | other than
payment of support, the court shall consider
| ||||||
2 | relevant factors, including but not limited to the | ||||||
3 | following:
| ||||||
4 | (i) the nature, frequency, severity, pattern and | ||||||
5 | consequences of the
respondent's past abuse, neglect | ||||||
6 | or exploitation of the petitioner or
any family or | ||||||
7 | household member, including the concealment of his or | ||||||
8 | her
location in order to evade service of process or | ||||||
9 | notice, and the likelihood of
danger of future abuse, | ||||||
10 | neglect, or exploitation to petitioner or any member of
| ||||||
11 | petitioner's or respondent's family or household; and
| ||||||
12 | (ii) the danger that any minor child will be abused | ||||||
13 | or neglected or
improperly removed from the | ||||||
14 | jurisdiction, improperly concealed within the
State or | ||||||
15 | improperly separated from the child's primary | ||||||
16 | caretaker.
| ||||||
17 | (2) In comparing relative hardships resulting to the | ||||||
18 | parties from loss
of possession of the family home, the | ||||||
19 | court shall consider relevant
factors, including but not | ||||||
20 | limited to the following:
| ||||||
21 | (i) availability, accessibility, cost, safety, | ||||||
22 | adequacy, location and
other characteristics of | ||||||
23 | alternate housing for each party and any minor child
or | ||||||
24 | dependent adult in the party's care;
| ||||||
25 | (ii) the effect on the party's employment; and
| ||||||
26 | (iii) the effect on the relationship of the party, |
| |||||||
| |||||||
1 | and any minor
child or dependent adult in the party's | ||||||
2 | care, to family, school, church
and community.
| ||||||
3 | (3) Subject to the exceptions set forth in paragraph | ||||||
4 | (4) of this
subsection, the court shall make its findings | ||||||
5 | in an official record or in
writing, and shall at a minimum | ||||||
6 | set forth the following:
| ||||||
7 | (i) That the court has considered the applicable | ||||||
8 | relevant factors
described in paragraphs (1) and (2) of | ||||||
9 | this subsection.
| ||||||
10 | (ii) Whether the conduct or actions of respondent, | ||||||
11 | unless
prohibited, will likely cause irreparable harm | ||||||
12 | or continued abuse.
| ||||||
13 | (iii) Whether it is necessary to grant the | ||||||
14 | requested relief in order
to protect petitioner or | ||||||
15 | other alleged abused persons.
| ||||||
16 | (4) For purposes of issuing an ex parte emergency order | ||||||
17 | of protection,
the court, as an alternative to or as a | ||||||
18 | supplement to making the findings
described in paragraphs | ||||||
19 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
20 | the following procedure:
| ||||||
21 | When a verified petition for an emergency order of | ||||||
22 | protection in
accordance with the requirements of Sections | ||||||
23 | 203 and 217 is
presented to the court, the court shall | ||||||
24 | examine petitioner on oath or
affirmation. An emergency | ||||||
25 | order of protection shall be issued by the court
if it | ||||||
26 | appears from the contents of the petition and the |
| |||||||
| |||||||
1 | examination of
petitioner that the averments are | ||||||
2 | sufficient to indicate abuse by
respondent and to support | ||||||
3 | the granting of relief under the issuance of the
emergency | ||||||
4 | order of protection.
| ||||||
5 | (5) Never married parties. No rights or | ||||||
6 | responsibilities for a minor
child born outside of marriage | ||||||
7 | attach to a putative father until a father and
child | ||||||
8 | relationship has been established under the Illinois | ||||||
9 | Parentage Act of
1984, the Illinois Parentage Act of 2013, | ||||||
10 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
11 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
12 | Act of 1985, the Revised Uniform
Reciprocal Enforcement of | ||||||
13 | Support Act, the Uniform Interstate Family Support
Act, the | ||||||
14 | Expedited Child Support Act of 1990, any judicial, | ||||||
15 | administrative, or
other act of another state or territory, | ||||||
16 | any other Illinois statute, or by any
foreign nation | ||||||
17 | establishing the father and child relationship, any other
| ||||||
18 | proceeding substantially in conformity with the Personal | ||||||
19 | Responsibility and
Work Opportunity Reconciliation Act of | ||||||
20 | 1996 (Pub. L. 104-193), or where both
parties appeared in | ||||||
21 | open court or at an administrative hearing acknowledging
| ||||||
22 | under
oath or admitting by affirmation the existence of a | ||||||
23 | father and child
relationship.
Absent such an | ||||||
24 | adjudication, finding, or acknowledgement, no putative
| ||||||
25 | father shall be granted
temporary custody of the minor | ||||||
26 | child, visitation with the minor child, or
physical care |
| |||||||
| |||||||
1 | and possession of the minor child, nor shall an order of | ||||||
2 | payment
for support of the minor child be entered.
| ||||||
3 | (d) Balance of hardships; findings. If the court finds that | ||||||
4 | the balance
of hardships does not support the granting of a | ||||||
5 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
6 | subsection (b) of this Section,
which may require such | ||||||
7 | balancing, the court's findings shall so
indicate and shall | ||||||
8 | include a finding as to whether granting the remedy will
result | ||||||
9 | in hardship to respondent that would substantially outweigh the | ||||||
10 | hardship
to petitioner from denial of the remedy. The findings | ||||||
11 | shall be an official
record or in writing.
| ||||||
12 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
13 | based, in
whole or in part, on evidence that:
| ||||||
14 | (1) Respondent has cause for any use of force, unless | ||||||
15 | that cause
satisfies the standards for justifiable use of | ||||||
16 | force provided by Article
VII of the Criminal Code of 1961;
| ||||||
17 | (2) Respondent was voluntarily intoxicated;
| ||||||
18 | (3) Petitioner acted in self-defense or defense of | ||||||
19 | another, provided
that, if petitioner utilized force, such | ||||||
20 | force was justifiable under
Article VII of the Criminal | ||||||
21 | Code of 1961;
| ||||||
22 | (4) Petitioner did not act in self-defense or defense | ||||||
23 | of another;
| ||||||
24 | (5) Petitioner left the residence or household to avoid | ||||||
25 | further abuse,
neglect, or exploitation by respondent;
| ||||||
26 | (6) Petitioner did not leave the residence or household |
| |||||||
| |||||||
1 | to avoid further
abuse, neglect, or exploitation by | ||||||
2 | respondent;
| ||||||
3 | (7) Conduct by any family or household member excused | ||||||
4 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
5 | that same conduct would have
excused such abuse, neglect, | ||||||
6 | or exploitation if the parties had not been
family or | ||||||
7 | household members.
| ||||||
8 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||||||
9 | 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
10 | 97-1131, eff. 1-1-13.)
| ||||||
11 | Section 974. The Business Corporation Act of 1983 is | ||||||
12 | amended by changing Section 1.25 as follows:
| ||||||
13 | (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
| ||||||
14 | Sec. 1.25. List of corporations; exchange of information.
| ||||||
15 | (a) The Secretary of State shall
publish each year a list | ||||||
16 | of corporations filing an annual report for the
preceding year | ||||||
17 | in accordance with the provisions of this Act, which report
| ||||||
18 | shall state the name of the corporation and the respective | ||||||
19 | names and addresses
of the president, secretary, and registered | ||||||
20 | agent thereof and the address
of the registered office in this | ||||||
21 | State of each such corporation. The Secretary
of State shall | ||||||
22 | furnish without charge a copy of such report to each
recorder | ||||||
23 | of this State, and to each member of the General Assembly
and | ||||||
24 | to each State agency or department requesting the same. The |
| |||||||
| |||||||
1 | Secretary
of State shall, upon receipt of a written request and | ||||||
2 | a fee as determined by
the
Secretary, furnish such report to | ||||||
3 | anyone else.
| ||||||
4 | (b) (1) The Secretary of State shall publish daily a list | ||||||
5 | of all newly
formed corporations, business and not for profit, | ||||||
6 | chartered by him on that
day issued after receipt of the | ||||||
7 | application. The daily list shall contain
the same information | ||||||
8 | as to each corporation as is provided for the corporation
list | ||||||
9 | published under subsection (a) of this Section. The daily list | ||||||
10 | may be
obtained at the Secretary's office by any person, | ||||||
11 | newspaper, State department
or agency, or local government for | ||||||
12 | a reasonable charge to be determined
by the Secretary. | ||||||
13 | Inspection of the daily list may be made at the Secretary's
| ||||||
14 | office during normal business hours without charge by any | ||||||
15 | person, newspaper,
State department or agency, or local | ||||||
16 | government.
| ||||||
17 | (2) The Secretary shall compile the daily list mentioned in | ||||||
18 | paragraph
(1) of subsection (b) of this Section monthly, or | ||||||
19 | more often at the
Secretary's discretion.
The compilation shall | ||||||
20 | be immediately mailed free of charge to all local
governments | ||||||
21 | requesting in writing receipt of such publication, or shall
be | ||||||
22 | automatically mailed by the Secretary without charge to local | ||||||
23 | governments
as determined by the Secretary. The Secretary shall | ||||||
24 | mail a copy of the
compilations free of charge to all State | ||||||
25 | departments or agencies making
a written request. A request for | ||||||
26 | a compilation of the daily list once made
by a local government |
| |||||||
| |||||||
1 | or State department or agency need not be renewed.
However, the | ||||||
2 | Secretary may request from time to time whether the local
| ||||||
3 | governments
or State departments or agencies desire to continue | ||||||
4 | receiving the compilation.
| ||||||
5 | (3) The compilations of the daily list mentioned in | ||||||
6 | paragraph (2) of
subsection (b)
of this Section shall be mailed | ||||||
7 | to newspapers, or any other person not included
as a recipient | ||||||
8 | in paragraph (2) of subsection (b) of this Section, upon
| ||||||
9 | receipt of a written
application signed by the applicant and | ||||||
10 | accompanied by the payment of a
fee as determined by the | ||||||
11 | Secretary.
| ||||||
12 | (c) If a domestic or foreign corporation has filed with the
| ||||||
13 | Secretary of State an annual report for the preceding year or | ||||||
14 | has
been newly formed or is otherwise and in any manner | ||||||
15 | registered
with the Secretary of State, the Secretary of State | ||||||
16 | shall exchange
with the Department of Healthcare and Family | ||||||
17 | Services
any information concerning that corporation that may | ||||||
18 | be
necessary for the enforcement of child support orders | ||||||
19 | entered
pursuant to the Illinois Public Aid Code, the Illinois | ||||||
20 | Marriage and
Dissolution of Marriage Act, the Non-Support of | ||||||
21 | Spouse and
Children Act, the Non-Support Punishment Act, the | ||||||
22 | Revised Uniform Reciprocal Enforcement of Support Act, the
| ||||||
23 | Uniform Interstate Family Support Act, or the
Illinois | ||||||
24 | Parentage Act of 1984 , or the Illinois Parentage Act of 2013 .
| ||||||
25 | Notwithstanding any provisions in this Act to the contrary,
| ||||||
26 | the Secretary of State shall not be liable
to any person for |
| |||||||
| |||||||
1 | any disclosure of information to the Department of Healthcare | ||||||
2 | and Family Services (formerly Illinois
Department of Public | ||||||
3 | Aid) under this subsection or for
any other
action taken in | ||||||
4 | good faith to comply with the requirements of this
subsection.
| ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
6 | Section 975. The Limited Liability Company Act is amended | ||||||
7 | by changing Section 50-5 as follows:
| ||||||
8 | (805 ILCS 180/50-5)
| ||||||
9 | Sec. 50-5. List of limited liability companies; exchange of | ||||||
10 | information.
| ||||||
11 | (a) The Secretary of State may publish a list or lists
of | ||||||
12 | limited liability companies and foreign limited liability
| ||||||
13 | companies, as often, in the format, and for the fees as the
| ||||||
14 | Secretary of State may in his or her discretion provide by | ||||||
15 | rule.
The Secretary of State may disseminate information | ||||||
16 | concerning limited
liability companies and foreign limited | ||||||
17 | liability companies
by computer network in the format and for | ||||||
18 | the fees as may be
determined by rule.
| ||||||
19 | (b) Upon written request, any list published under | ||||||
20 | subsection (a) shall be
free to each member of the General | ||||||
21 | Assembly, to each State
agency or department, and to each | ||||||
22 | recorder in this State.
An appropriate fee established by rule | ||||||
23 | to cover the cost of producing the list
shall be charged to all | ||||||
24 | others.
|
| |||||||
| |||||||
1 | (c) If a domestic or foreign limited liability company has
| ||||||
2 | filed with the Secretary of State an annual report for the | ||||||
3 | preceding
year or has been newly formed or is otherwise and in | ||||||
4 | any manner
registered with the Secretary of State, the | ||||||
5 | Secretary of State shall
exchange with the Department of | ||||||
6 | Healthcare and Family Services
any information concerning that | ||||||
7 | limited liability
company that may be necessary for the | ||||||
8 | 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 | Illinois Parentage Act of 2013 .
| ||||||
15 | Notwithstanding any provisions in this Act to the contrary,
| ||||||
16 | the Secretary of State shall not be liable
to any person for | ||||||
17 | any disclosure of information to the Department of Healthcare | ||||||
18 | and Family Services (formerly Illinois
Department of Public | ||||||
19 | Aid) under this subsection or for any other
action taken in | ||||||
20 | good faith to comply with the requirements of this
subsection.
| ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
22 | (750 ILCS 40/Act rep.) | ||||||
23 | Section 976. The Illinois Parentage Act is repealed. | ||||||
24 | (750 ILCS 45/Act rep.) |
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1 | Section 977. The Illinois Parentage Act of 1984 is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | repealed.
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