98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1243

 

Introduced , by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Illinois Parentage Act of 2013. Provides methods for the establishment of a parent-child relationship. Authorizes genetic testing. Provides for temporary relief and proceedings to adjudicate parentage. Establishes procedures regarding parentage of a child of assisted reproduction. Provides for child support establishment and enforcement. Repeals the Illinois Parentage Act and the Illinois Parentage Act of 1984. Amends numerous Acts to make conforming changes.


LRB098 03015 HEP 33030 b

 

 

A BILL FOR

 

HB1243LRB098 03015 HEP 33030 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. GENERAL PROVISIONS

 
5    Section 101. Short title. This Act may be cited as the
6Illinois Parentage Act of 2013.
 
7    Section 102. Public policy. Illinois recognizes the right
8of every child to the physical, mental, emotional, and
9financial support of his or her parents. The parent-child
10relationship, including support obligations, extends equally
11to every child and to every parent, regardless of the legal
12relationship of the parents, and regardless of whether a parent
13is a minor.
 
14    Section 103. Definitions. In this Act:
15    (a) "Acknowledged father" means a man who has established a
16father and child relationship under Article 3.
17    (b) "Adjudicated father" means a man who has been
18adjudicated by a court of competent jurisdiction, or as
19authorized under Article X of the Illinois Public Aid Code, to
20be the father of a child.
21    (c) "Alleged father" means a man who alleges himself to be,

 

 

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1or is alleged to be, the biological father or a possible
2biological father of a child, but whose paternity has not been
3established. The term does not include:
4        (1) a presumed parent or acknowledged father;
5        (2) a man whose parental rights have been terminated or
6    declared not to exist; or
7        (3) a male donor.
8    (d) "Assisted reproduction" means a method of causing
9pregnancy other than sexual intercourse. The term includes:
10        (1) intrauterine insemination;
11        (2) donation of eggs;
12        (3) donation of embryos;
13        (4) in-vitro fertilization and transfer of embryos;
14    and
15        (5) intracytoplasmic sperm injection.
16    (e) "Child" means an individual of any age whose parentage
17may be established under this Act.
18    (f) "Combined paternity index" means the likelihood of
19paternity calculated by computing the ratio between:
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
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.
4    (g) "Commence" means to file the initial pleading seeking
5an adjudication of parentage in the circuit court of this
6State.
7    (h) "Determination of parentage" means the establishment
8of the parent-child relationship by the signing of a Voluntary
9Acknowledgment of Paternity under Article 3 of this Act or
10adjudication by the court or as authorized under Article X of
11the Illinois Public Aid Code.
12    (i) "Donor" means an individual who contributes a gamete or
13gametes used for assisted reproduction, whether or not for
14consideration. The term does not include:
15        (1) a husband who provides sperm, or a wife who
16    provides eggs, to be used for assisted reproduction by the
17    wife;
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
21        (3) a parent under Article 7 of this Act, or an
22    intended parent under the Gestational Surrogacy Act.
23    (j) "Ethnic or racial group" means, for purposes of genetic
24testing, a recognized group that an individual identifies as
25all or part of the individual's ancestry or that is so
26identified by other information.

 

 

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1    (k) "Gamete" means either a sperm or an egg.
2    (l) "Genetic testing" means an analysis of genetic markers
3to exclude or identify a man as the father or a woman as the
4mother of a child as provided in Article 4 of this Act.
5    (m) "Gestational mother" means an adult woman who gives
6birth to a child under a gestational agreement.
7    (n) "Man" means a male individual of any age.
8    (o) "Parent" means an individual who has established a
9parent-child relationship under Section 201 of this Act.
10    (p) "Parent-child relationship" means the legal
11relationship between a child and a parent of the child.
12    (q) "Presumed parent" means an individual who, by operation
13of law under Section 204 of this Act, is recognized as the
14parent of a child until that status is rebutted or confirmed in
15a judicial or administrative proceeding.
16    (r) "Probability of paternity" means the measure, for the
17ethnic or racial group to which the alleged father belongs, of
18the probability that the man in question is the father of the
19child, compared with a random, unrelated man of the same ethnic
20or racial group, expressed as a percentage incorporating the
21combined paternity index and a prior probability.
22    (s) "Record" means information that is inscribed on a
23tangible medium or that is stored in an electronic or other
24medium and is retrievable in perceivable form.
25    (t) "Signatory" means an individual who authenticates a
26record and is bound by its terms.

 

 

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1    (u) "State" means a state of the United States, the
2District of Columbia, Puerto Rico, the United States Virgin
3Islands, or any territory or insular possession subject to the
4jurisdiction of the United States.
5    (v) "Support-enforcement agency" means a public official
6or agency authorized to seek:
7        (1) enforcement of support orders or laws relating to
8    the duty of support;
9        (2) establishment or modification of child support;
10        (3) determination of parentage; or
11        (4) location of child-support obligors and their
12    income and assets.
 
13    Section 104. Scope of Act; choice of law.
14    (a) This Act applies to determination of parentage in this
15State.
16    (b) The court shall apply the law of this State to
17adjudicate the parent-child relationship. The applicable law
18does not depend on:
19        (1) the place of birth of the child; or
20        (2) the past or present residence of the child.
21    (c) This Act does not create, enlarge, or diminish parental
22rights or duties under other law of this State.
 
23    Section 105. Authority to establish parentage. The circuit
24courts are authorized to establish parentage under this Act.

 

 

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1The Department of Healthcare and Family Services may make
2administrative determinations of paternity and nonpaternity in
3accordance with Section 10-17.7 of the Illinois Public Aid
4Code. Such administrative determinations shall have the full
5force and effect of court judgments entered under this Act.
 
6    Section 106. Protection of participants. Proceedings under
7this Act are subject to other law of this State governing the
8health, safety, privacy, and liberty of a child or other
9individual who could be jeopardized by disclosure of
10identifying information, including address, telephone number,
11place of employment, social security number, and the child's
12day-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
16woman and a child by:
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
5man and a child by:
6        (1) an unrebutted presumption of the man's parentage of
7    the child under Section 204 of this Act;
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;
12        (3) an adjudication of the man's parentage;
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
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
23applicable to parent-child relationships shall apply equally
24to men and women as parents, including, but not limited to, the
25obligation to support.
 

 

 

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1    Section 202. Parents' legal relationship. Every child has
2equal rights under the law regardless of the parents' legal
3relationship.
 
4    Section 203. Consequences of establishment of parentage. A
5parent-child relationship established under this Act applies
6for all purposes, except as otherwise specifically provided by
7other law of this State.
 
8    Section 204. Presumption of parentage.
9    (a) A man is presumed to be the parent of a child if:
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;
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
20and the natural mother of the child were in a state-recognized
21civil union or marriage at the time of the birth and the
22natural father of the child has not commenced an action to
23establish his parentage.
 
24    Section 205. Proceedings to declare the non-existence of
25the parent-child relationship.

 

 

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1    (a) An action to declare the non-existence of the
2parent-child relationship may be brought by the child, the
3natural mother, or a man or woman presumed to be the parent
4under Section 204 of this Act. Actions brought by the child,
5the natural mother, or a presumed parent shall be brought by
6verified complaint, which shall be designated a petition. After
7the presumption under Section 204 of this Act that a man or
8woman is the parent has been rebutted, parentage of the child
9by another man or woman may be established in the same action,
10if he or she has been made a party.
11    (b) An action to declare the non-existence of the
12parent-child relationship brought under subsection (a) of this
13Section shall be barred if brought later than 2 years after the
14petitioner obtains knowledge of the relevant facts. The 2-year
15period for bringing an action to declare the non-existence of
16the parent-child relationship shall not extend beyond the date
17on which the child reaches the age of 18 years. Failure to
18bring an action within 2 years shall not bar any party from
19asserting a defense in any action to declare the existence of
20the parent-child relationship.
21    (c) An action to declare the non-existence of the
22parent-child relationship may be brought subsequent to an
23adjudication of parentage in any judgment by the man
24adjudicated to be the parent pursuant to a presumption in
25paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
26of deoxyribonucleic acid (DNA) testing, it is discovered that

 

 

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1the man adjudicated to be the father is not the natural father
2of the child. Actions brought by the adjudicated father shall
3be brought by verified petition. If, as a result of the
4deoxyribonucleic acid (DNA) testing, the petitioner is
5determined not to be the natural father of the child, the
6adjudication of paternity and any orders regarding custody,
7parenting time, and future payments of support may be vacated.
8    (d) An action to declare the non-existence of the
9parent-child relationship brought under subsection (c) of this
10Section shall be barred if brought more than 2 years after the
11petitioner obtains actual knowledge of relevant facts. The
122-year period shall not apply to periods of time where the
13natural mother or the child refuses to submit to
14deoxyribonucleic acid (DNA) testing. The 2-year period for
15bringing an action to declare the non-existence of the
16parent-child relationship shall not extend beyond the date on
17which the child reaches the age of 18 years.
 
18
ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

 
19    Section 301. Voluntary Acknowledgment of Paternity. A
20parent-child relationship may be established voluntarily by
21the signing and witnessing of a Voluntary Acknowledgment of
22Paternity in accordance with Section 12 of the Vital Records
23Act and Section 10-17.7 of the Illinois Public Aid Code. The
24Voluntary Acknowledgment of Paternity shall contain the social

 

 

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1security numbers of the persons signing the Voluntary
2Acknowledgment of Paternity; however, failure to include the
3social security numbers of the persons signing a Voluntary
4Acknowledgment of Paternity does not invalidate the Voluntary
5Acknowledgment of Paternity.
 
6    Section 302. Execution of Voluntary Acknowledgment of
7Paternity.
8    (a) A Voluntary Acknowledgment of Paternity must:
9        (1) be in a record;
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;
13        (3) state that the child whose paternity is being
14    acknowledged:
15            (A) does not have a presumed father, or has a
16        presumed father whose full name is stated; and
17            (B) does not have another acknowledged or
18        adjudicated father;
19        (4) be witnessed; and
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.
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;
6        (2) states that another man is an acknowledged or
7    adjudicated father; or
8        (3) falsely denies the existence of a presumed,
9    acknowledged, or adjudicated father of the child.
10    (c) A presumed father may sign or otherwise authenticate an
11acknowledgment of paternity.
 
12    Section 303. Denial of paternity. A presumed father may
13sign a denial of his paternity. The denial is valid only if:
14    (a) a Voluntary Acknowledgment of Paternity signed, or
15otherwise authenticated, by another man is filed pursuant to
16Section 305 of this Act;
17    (b) the denial is in a record, and is signed, or otherwise
18authenticated, under penalty of perjury; and
19    (c) the presumed father has not previously:
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
24        (2) been adjudicated to be the father of the child.
 

 

 

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1    Section 304. Rules for acknowledgment and denial of
2paternity.
3    (a) An acknowledgment of paternity and a denial of
4paternity may be contained in a single document or may be
5signed in counterparts, and may be filed separately or
6simultaneously. If the acknowledgement and denial are both
7necessary, neither is valid until both are filed.
8    (b) An acknowledgment of paternity or a denial of paternity
9may be signed before the birth of the child.
10    (c) Subject to subsection (a), an acknowledgment of
11paternity or denial of paternity takes effect on the birth of
12the child or the filing of the document with the Department of
13Healthcare and Family Services, as provided by law, whichever
14occurs later.
15    (d) An acknowledgment of paternity or denial of paternity
16signed by a minor is valid if it is otherwise in compliance
17with this Act.
 
18    Section 305. Effect of acknowledgment or denial of
19paternity.
20    (a) Except as otherwise provided in Sections 307 and 308 of
21this Act, a valid acknowledgment of paternity filed with the
22Department of Healthcare and Family Services, as provided by
23law, is equivalent to an adjudication of the paternity of a
24child and confers upon the acknowledged father all of the
25rights and duties of a parent.

 

 

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1    (b) Notwithstanding any other provision of this Act,
2paternity established in accordance with Section 301 of this
3Act has the full force and effect of a judgment entered under
4this Act and serves as a basis for seeking a child support
5order without any further proceedings to establish paternity.
6    (c) A judicial or administrative proceeding to ratify
7paternity established in accordance with Section 301 of this
8Act is neither required nor permitted.
9    (d) Except as otherwise provided in Sections 307 and 308 of
10this Act, a valid denial of paternity by a presumed father
11filed with the Department of Healthcare and Family Services, as
12provided by law, in conjunction with a Voluntary Acknowledgment
13of Paternity, is equivalent to an adjudication of the
14nonpaternity of the presumed father and discharges the presumed
15father from all rights and duties of a parent.
 
16    Section 306. No filing fee. The Department of Healthcare
17and Family Services, as provided by law, may not charge a fee
18for filing a Voluntary Acknowledgment of Paternity or denial of
19paternity.
 
20    Section 307. Proceeding for rescission. A signatory may
21rescind a Voluntary Acknowledgment of Paternity or denial of
22paternity by filing a signed and witnessed rescission with the
23Department of Healthcare and Family Services as provided in
24Section 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
2or denial, as provided in Section 304 of this Act; or
3    (b) the date of a judicial or administrative proceeding
4relating to the child (including a proceeding to establish a
5support order) in which the signatory is a party.
 
6    Section 308. Challenge after expiration of period for
7rescission. After the period for rescission under Section 307
8of this Act has expired, a signatory of a Voluntary
9Acknowledgment of Paternity or denial of paternity may commence
10a proceeding to challenge the acknowledgment or denial only as
11provided in Section 309 of this Act.
 
12    Section 309. Procedure for challenge.
13    (a) An acknowledgment of paternity and any related denial
14of paternity may be challenged only on the basis of fraud,
15duress, or material mistake of fact by filing a verified
16petition under this Section within 4 years after the effective
17date of the acknowledgment or denial, as provided in Section
18304 of this Act. Time during which the person challenging the
19acknowledgment or denial is under legal disability or duress or
20the ground for relief is fraudulently concealed shall be
21excluded in computing the period of 4 years.
22    (b) The verified complaint, which shall be designated a
23petition, shall be filed in the county where a proceeding
24relating to the child was brought, such as a support proceeding

 

 

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1or, if none exists, in the county where the child resides.
2Every signatory to the acknowledgment of paternity and any
3related denial of paternity must be made a party to a
4proceeding to challenge the acknowledgment or denial. The party
5challenging the acknowledgment or denial shall have the burden
6of proof.
7    (c) For the purpose of a challenge to an acknowledgment of
8paternity or denial of paternity, a signatory submits to
9personal jurisdiction of this State by signing the
10acknowledgment and any related denial, effective upon the
11filing of the acknowledgment and any related denial with the
12Department of Healthcare and Family Services, as provided in
13Section 12 of the Vital Records Act.
14    (d) Except for good cause shown, during the pendency of a
15proceeding to challenge an acknowledgment of paternity or
16denial of paternity, the court may not suspend the legal
17responsibilities of a signatory arising from the
18acknowledgment, including the duty to pay child support.
19    (e) At the conclusion of a proceeding to challenge an
20acknowledgment of paternity or denial of paternity, the court
21shall order the Department of Public Health to amend the birth
22record of the child, if appropriate. A copy of an order entered
23at the conclusion of a proceeding to challenge shall be
24provided to the Department of Healthcare and Family Services.
 
25    Section 310. Ratification barred. A court or

 

 

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1administrative agency conducting a judicial or administrative
2proceeding is not required or permitted to ratify an
3unchallenged acknowledgment of paternity.
 
4    Section 311. Full faith and credit. A court of this State
5shall give full faith and credit to an acknowledgment of
6paternity or denial of paternity effective in another state if
7the acknowledgment or denial has been signed and is otherwise
8in compliance with the law of the other state.
 
9    Section 312. Forms for acknowledgment and denial of
10paternity.
11    (a) To facilitate compliance with this Article, the
12Department of Healthcare and Family Services shall prescribe
13forms for the acknowledgment of paternity and the denial of
14paternity and for the rescission of acknowledgement or denial
15consistent with Section 307 of this Act.
16    (b) A Voluntary Acknowledgment of Paternity or denial of
17paternity is not affected by a later modification of the
18prescribed form.
 
19    Section 313. Release of information. The Department of
20Healthcare and Family Services may release information
21relating to the acknowledgment of paternity or denial of
22paternity to a signatory of the acknowledgment or denial; to
23the child's guardian, the emancipated child, or the legal

 

 

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1representatives of those individuals; to appropriate federal
2agencies; and to courts and appropriate agencies of this State
3or another state.
 
4    Section 314. Adoption of rules. The Department of Public
5Health and the Department of Healthcare and Family Services may
6adopt rules to implement this Article.
 
7
ARTICLE 4. GENETIC TESTING

 
8    Section 401. Proceeding authorized. As soon as
9practicable, the court or administrative hearing officer in an
10Expedited Child Support System may, and upon the request of a
11party shall, order or direct the mother, child, and alleged
12father to submit to deoxyribonucleic acid (DNA) testing to
13determine inherited characteristics. If any party refuses to
14submit to genetic testing, the court may resolve the question
15of paternity against that party or enforce its order if the
16rights 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
19qualified as an examiner of blood or tissue types and appointed
20by the court. The expert shall determine the genetic testing
21procedures. However, any interested party, for good cause
22shown, in advance of the scheduled genetic testing, may request

 

 

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1a hearing to object to the qualifications of the expert or the
2genetic testing procedures. The expert appointed by the court
3shall testify at the pre-test hearing at the expense of the
4party requesting the hearing, except for an indigent party as
5provided in Section 405 of this Act. An expert not appointed by
6the court shall testify at the pre-test hearing at the expense
7of the party retaining the expert. Inquiry into an expert's
8qualifications at the pre-test hearing shall not affect either
9party's right to have the expert qualified at trial.
10    (b) Genetic testing must be of a type reasonably relied
11upon by experts in the field of genetic testing and performed
12in a testing laboratory accredited by the American Association
13of Blood Banks or a successor to its functions.
14    (c) A specimen used in genetic testing may consist of one
15or more samples, or a combination of samples, of blood, buccal
16cells, bone, hair, or other body tissue or fluid.
17    (d) The testing laboratory shall determine the databases
18from which to select frequencies for use in calculation of the
19probability of paternity based on the ethnic or racial group of
20an individual or individuals. If there is disagreement as to
21the 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.

 

 

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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
10racial group, genetic testing does not reputably identify a man
11as the father of a child, an individual who has been tested may
12be required to submit to additional genetic testing.
 
13    Section 403. Genetic test results.
14    (a) The expert shall prepare a written report of the
15genetic test results. If the genetic test results show that the
16alleged father is not excluded, the report shall contain
17statistics based upon the statistical formula of combined
18paternity index (CPI) and the probability of paternity as
19determined by the probability of exclusion (Random Man Not
20Excluded = RMNE). The expert may be called by the court as a
21witness to testify to his or her findings and, if called, shall
22be subject to cross-examination by the parties. If the genetic
23test results show that the alleged father is not excluded, any
24party may demand that other experts, qualified as examiners of
25blood or tissue types, perform independent genetic testing

 

 

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1under order of court, including, but not limited to, blood
2types or other testing of genetic markers. The results of the
3genetic testing may be offered into evidence. The number and
4qualifications of the experts shall be determined by the court.
5    (b) Documentation of the chain of custody of the blood or
6tissue samples, accompanied by an affidavit or certification in
7accordance with Section 1-109 of the Code of Civil Procedure,
8is competent evidence to establish the chain of custody.
9    (c) The report of the genetic test results prepared by the
10appointed expert shall be made by affidavit or by certification
11as provided in Section 1-109 of the Code of Civil Procedure and
12shall be mailed to all parties. A proof of service shall be
13filed with the court. The verified report shall be admitted
14into evidence at trial without foundation testimony or other
15proof of authenticity or accuracy, unless a written motion
16challenging the admissibility of the report is filed by either
17party within 28 days of receipt of the report, in which case
18expert testimony shall be required. A party may not file such a
19motion challenging the admissibility of the report later than
2028 days before commencement of trial. Before trial, the court
21shall determine whether the motion is sufficient to deny
22admission of the report by verification. Failure to make that
23timely motion constitutes a waiver of the right to object to
24admission by verification and shall not be grounds for a
25continuance of the hearing to establish paternity.
 

 

 

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1    Section 404. Effect of genetic testing. Genetic testing
2taken pursuant to this Section shall have the following effect:
3    (a) If the court finds that the conclusion of the expert or
4experts, as disclosed by the evidence based upon the genetic
5testing, is that the alleged father is not the parent of the
6child, the question of paternity shall be resolved accordingly.
7    (b) If the experts disagree in their findings or
8conclusions, the question shall be weighed with other competent
9evidence of paternity.
10    (c) If the genetic testing results indicate that the
11alleged father is not excluded and that the combined paternity
12index is at least 1,000 to 1, and there is at least a 99.9%
13probability of paternity, the alleged father is presumed to be
14the father, and this evidence shall be admitted.
15    (d) A man identified under subsection (c) of this Section
16as the father of the child may rebut the genetic testing
17results by other genetic testing satisfying the requirements of
18this 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
24than one man is identified by genetic testing as the possible
25father of the child, the court shall order them to submit to
26further genetic testing to identify the genetic father.
 

 

 

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1    Section 405. Cost of genetic testing. The expense of the
2genetic testing shall be paid by the party who requests the
3genetic testing, except that the court may apportion the costs
4between the parties, upon request. When the genetic testing is
5requested by the party seeking to establish paternity and that
6party is found to be indigent by the court, the expense shall
7be paid by the public agency providing representation; except
8that where a public agency is not providing representation, the
9expense shall be paid by the county in which the action is
10brought. When the genetic testing is ordered by the court on
11its own motion or is requested by the alleged or presumed
12father and that father is found to be indigent by the court,
13the expense shall be paid by the county in which the action is
14brought. Any part of the expense may be taxed as costs in the
15action, except that no costs may be taxed against a public
16agency that has not requested the genetic testing.
 
17    Section 406. Compensation of expert. The compensation of
18each expert witness appointed by the court shall be paid as
19provided in Section 405 of this Act. Any part of the payment
20may be taxed as costs in the action, except that no costs may
21be taxed against a public agency that has not requested the
22services of the expert witness.
 
23    Section 407. Independent genetic testing. Nothing in this

 

 

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1Section shall prevent a party from obtaining genetic testing of
2his or her own blood or tissue independent of those ordered by
3the court or from presenting expert testimony interpreting
4those tests or any other blood tests ordered under this
5Section. Reports of all the independent tests, accompanied by
6affidavit or certification pursuant to Section 1-109 of the
7Code of Civil Procedure, and notice of any expert witnesses to
8be called to testify to the results of those tests shall be
9submitted to all parties at least 30 days before any hearing
10set to determine the issue of parentage.
 
11    Section 408. Additional persons to be tested.
12    (a) Subject to subsection (b), if a genetic-testing
13specimen is not available from a man who may be the father of a
14child, for good cause and under circumstances the court
15considers to be just, the court may order the following
16individuals 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
23finding that a need for genetic testing outweighs the
24legitimate interests of the individual sought to be tested, and
25in no event shall an order be issued until the individual is

 

 

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1joined as a party and given notice as required under the Code
2of 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
6convincing evidence of parentage, the court shall issue a
7temporary order for support of a child if the order is
8appropriate 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
19award, the court shall use the guidelines and standards set
20forth in Sections 505 and 505.2 of the Illinois Marriage and
21Dissolution of Marriage Act.
22    (b) A temporary order may include provisions for custody
23and parenting time as provided by the Illinois Marriage and
24Dissolution of Marriage Act.

 

 

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1    (c) Temporary orders issued under this Section shall not
2have prejudicial effect with respect to final support, custody,
3or parenting time orders.
 
4    Section 502. Injunctive relief.
5    (a) In any action brought under this Act for the initial
6determination of parentage, custody or parenting time of a
7child, or for modification of a prior custody or parenting time
8order, the court, upon application of a party, may enjoin a
9party having physical possession or custody of a child from
10temporarily removing the child from this State pending the
11adjudication of the issues of parentage, custody, and parenting
12time. When deciding whether to enjoin removal of a child, or to
13order a party to return the child to this State, the court
14shall 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
25injunction under this Act shall be governed by the relevant

 

 

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1provisions of Part 1 of Article XI of the Code of Civil
2Procedure.
3    (c) Notwithstanding the provisions of subsection (a) of
4this Section, the court may decline to enjoin a domestic
5violence victim having physical possession or custody of a
6child from temporarily or permanently removing the child from
7this State pending the adjudication of issues of custody or
8parenting time. In determining whether a person is a domestic
9violence victim, the court shall consider the following
10factors:
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

 

 

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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
6be maintained to adjudicate the parentage of a child. The
7proceeding is governed by the Code of Civil Procedure and
8Illinois Supreme Court Rules. Administrative proceedings
9adjudicating paternity shall be governed by Section 10-17.7 of
10the Illinois Public Aid Code.
 
11    Section 602. Standing. A complaint to adjudicate parentage
12shall be verified, shall be designated a petition, and shall
13name the person or persons alleged to be the parent of the
14child. Subject to Article 3 and Sections 607, 608, and 609 of
15this Act, a proceeding to adjudicate parentage may be
16maintained 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
21the child;
22    (e) the support-enforcement agency or other governmental
23agency authorized by other law;

 

 

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1    (f) any person or public agency that has custody of, is
2providing financial support to, or has provided financial
3support to the child;
4    (g) the Department of Healthcare and Family Services if it
5is providing, or has provided, financial support to the child
6or if it is assisting with child support collections services;
7    (h) an authorized adoption agency or licensed
8child-placing agency;
9    (i) a representative authorized by law to act for an
10individual who would otherwise be entitled to maintain a
11proceeding 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
15jurisdiction of an action brought under this Act. In a civil
16action not brought under this Act, the provisions of this Act
17shall apply if parentage is at issue. The court may join any
18action under this Act with any other civil action in which this
19Act is applicable.
20    (b) An individual may not be adjudicated to be a parent
21unless the court has personal jurisdiction over the individual.
22    (c) A court of this State having jurisdiction to adjudicate
23parentage may exercise personal jurisdiction over a
24nonresident individual, or the guardian or conservator of the
25individual, if the conditions prescribed in Section 201 of the

 

 

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1Uniform Interstate Family Support Act are fulfilled.
2    (d) Lack of jurisdiction over one individual does not
3preclude the court from making an adjudication of parentage
4binding on another individual over whom the court has personal
5jurisdiction.
 
6    Section 604. Venue.
7    (a) Venue for a proceeding to adjudicate parentage is any
8county of this State in which a party resides, or if the
9presumed or alleged father is deceased, in which a proceeding
10for probate or administration of the presumed or alleged
11father's estate has been commenced, or could be commenced.
12    (b) A child custody proceeding is commenced in the county
13where the child resides.
 
14    Section 605. Notice to presumed father.
15    (a) In any action brought under Article 3 or Article 6 of
16this Act where the man signing the petition for an order
17establishing the existence of the parent-child relationship by
18consent or the man alleged to be the father in a petition is
19different from a man who is presumed to be father of the child
20under Article 2 of this Act, a notice shall be served on the
21presumed father in the same manner as summonses are served in
22other civil proceedings or, in lieu of personal service,
23service may be made as follows:
24        (1) The person requesting notice shall pay to the clerk

 

 

HB1243- 32 -LRB098 03015 HEP 33030 b

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
25relationship between the named child and a man named by the
26mother, .........

 

 

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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
23respect to the named child, including the right to notice of
24the filing of proceedings instituted for the establishment of
25parentage of the named child and, if named as the father in a
26petition to establish parentage, the right to submit to, along

 

 

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1with the mother and child, deoxyribonucleic acid (DNA) tests to
2determine inherited characteristics. If you wish to assert your
3rights with respect to the child named in this notice, you must
4file with the Clerk of this Circuit Court of ......... County,
5Illinois, whose address is ........ , within 30 days after the
6date of receipt of this notice, a declaration of parentage
7stating that you are, in fact, the father of the named child
8and that you intend to assert your legal rights with respect to
9the child, or that you request to be notified of any further
10proceedings with respect to the parentage of the child.
11    If you do not file a declaration of parentage or a request
12for notice, then whatever legal rights you have with respect to
13the named child, including the right to notice of any future
14proceedings for the establishment of parentage of the child,
15may be terminated without any further notice to you. When your
16legal rights with respect to the named child are terminated,
17you will not be entitled to notice of any future proceedings.".
18    (c) The notice to presumed fathers under this Section in
19any action brought by a public agency shall be prepared and
20mailed by the public agency, and the mailing fee to the clerk
21of the circuit court shall be waived.
 
22    Section 606. Summons. The summons that is served on a
23respondent shall include the return date on or by which the
24respondent must appear and shall contain the following
25information, in a prominent place and in conspicuous language,

 

 

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1in addition to the information required to be provided under
2the laws of this State: "If you do not appear as instructed in
3this summons, you may be required to support the child named in
4this petition until the child is at least 18 years old. You may
5also have to pay the pregnancy and delivery costs of the
6mother.".
 
7    Section 607. No limitation; child having no presumed,
8acknowledged, or adjudicated parent. A proceeding to
9adjudicate the parentage of a child having no presumed,
10acknowledged, or adjudicated parent may be commenced at any
11time, even after:
12    (a) the child becomes an adult, but only if the child
13initiates the proceeding; or
14    (b) an earlier proceeding to adjudicate parentage has been
15dismissed based on the application of a statute of limitations
16then in effect.
 
17    Section 608. Limitation; child having presumed parent.
18    (a) Except as otherwise provided in subsection (b), a
19proceeding brought by a presumed father, the mother, or another
20individual to adjudicate the parentage of a child having a
21presumed father, must be commenced not later than 2 years after
22the birth of the child.
23    (b) A proceeding seeking to declare the non-existence of
24the parent-child relationship between a child and the child's

 

 

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1presumed father may be maintained at any time if the court
2determines that the presumed father and the mother of the child
3neither cohabited nor engaged in sexual intercourse with each
4other during the probable time of conception.
 
5    Section 609. Limitation; child having acknowledged or
6adjudicated parent.
7    (a) If a child has an acknowledged father, a signatory to
8the acknowledgment of paternity or denial of paternity may
9commence a proceeding seeking to challenge the acknowledgement
10or denial or challenge the paternity of the child only within
11the time allowed under Section 309 of this Act.
12    (b) If a child has an acknowledged father or an adjudicated
13father, an individual, other than the child, who is neither a
14signatory to the acknowledgment of paternity nor a party to the
15adjudication and who seeks an adjudication of parentage of the
16child must commence a proceeding not later than 2 years after
17the effective date of the acknowledgment or adjudication.
18    (c) A proceeding under this Section is subject to the
19application of the principles of estoppel established in
20Section 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
23having a presumed father, the court may deny a motion seeking
24an order for genetic testing of the mother, the child, and the

 

 

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1presumed 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
8order for genetic testing, the court shall consider the best
9interest 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

 

 

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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
9Section, a minor or incapacitated child must be represented by
10a guardian ad litem.
11    (d) If the court denies a motion seeking an order for
12genetic testing, it shall issue an order adjudicating the
13presumed father to be the father of the child.
 
14    Section 611. Joinder of proceedings.
15    (a) Except as otherwise provided in subsection (b), a
16proceeding to adjudicate parentage may be joined with a
17proceeding for adoption, termination of parental rights, child
18custody or parenting time, child support, dissolution of
19marriage or civil union, declaration of invalidity of marriage
20or civil union, legal separation, probate or administration of
21an estate, or other appropriate proceeding.
22    (b) A respondent may not join a proceeding described in
23subsection (a) with a proceeding to adjudicate parentage
24brought under the Uniform Interstate Family Support Act.
 

 

 

HB1243- 39 -LRB098 03015 HEP 33030 b

1    Section 612. Proceeding before birth. A proceeding to
2establish parentage may be commenced before the birth of the
3child, but may not be concluded until after the birth of the
4child. The following actions may be taken before the birth of
5the 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,
9collection 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
12necessary party to a proceeding under this Article.
13    (b) The court shall appoint a guardian ad litem to
14represent a minor or incapacitated child if the child is a
15party or the court finds that the interests of the child are
16not adequately represented.
 
17    Section 614. Admissibility of results of genetic testing;
18expenses.
19    (a) If a child has a presumed, acknowledged, or adjudicated
20father, the results of genetic testing are inadmissible to
21adjudicate 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

 

 

HB1243- 40 -LRB098 03015 HEP 33030 b

1    of this Act.
2    (b) Copies of bills for genetic testing and for prenatal
3and postnatal health care for the mother and child which are
4furnished to the adverse party not less than 10 days before the
5date 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
10pregnancy and childbirth shall be admitted into evidence at
11judicial or administrative proceedings without foundation
12testimony 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
15proceeding for adjudication of contempt.
16    (b) If an individual whose paternity is being determined
17declines to submit to genetic testing ordered by the court or
18administrative agency, the court or administrative agency may
19adjudicate parentage contrary to the position of that
20individual.
21    (c) Genetic testing of the mother of a child is not a
22condition precedent to genetically testing the child and a man
23whose paternity is being determined. If the mother is
24unavailable or declines to submit to genetic testing, the court
25or administrative agency may order the genetic testing of the

 

 

HB1243- 41 -LRB098 03015 HEP 33030 b

1child 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
4may admit to the paternity of a child by filing a pleading to
5that effect or by admitting paternity under penalty of perjury
6when making an appearance or during a hearing.
7    (b) If the court finds that the admission of paternity
8satisfies the requirements of this Section and finds that there
9is no reason to question the admission, the court shall enter
10an order adjudicating the child to be the child of the man
11admitting paternity.
 
12    Section 617. Rules for adjudication of paternity. The court
13shall apply the following rules to adjudicate the paternity of
14a child:
15    (a) The paternity of a child having an adjudicated father
16may be disproved only by admissible results of genetic testing,
17or other means, excluding that man as the father of the child
18or identifying another man as the father of the child.
19    (b) Unless the results of the genetic testing or other
20evidence are admitted to rebut other results of genetic
21testing, a man identified as the father of a child under
22Section 404 of this Act must be adjudicated the father of the
23child.
24    (c) If the court finds under Section 404 of this Act that a

 

 

HB1243- 42 -LRB098 03015 HEP 33030 b

1man is neither identified nor excluded as the father of a
2child, the court may not dismiss the proceeding. In that event,
3the results of the genetic testing and other evidence are
4admissible to adjudicate the issue of paternity.
5    (d) Unless the results of genetic testing are admitted to
6rebut other results of genetic testing, a man excluded as the
7father of a child by genetic testing must be adjudicated not to
8be the father of the child.
 
9    Section 618. Pre-trial proceedings. As soon as practicable
10after an action to declare the existence or non-existence of
11the father and child relationship has been brought, and the
12parties are at issue, the court may conduct a pre-trial
13conference.
 
14    Section 619. Jury prohibited. Trial by jury is not
15available under this Act.
 
16    Section 620. Order on default. The court may issue an order
17adjudicating the parentage of a person who is in default after
18service of process.
 
19    Section 621. Binding effect of determination of parentage.
20    (a) Except as otherwise provided in subsection (b) of this
21Section, a determination of parentage is binding on:
22        (1) all signatories to an acknowledgement or denial of

 

 

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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
7under 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
18union, declaration of invalidity of marriage or civil union, or
19legal separation, the court is deemed to have made an
20adjudication of the parentage of a child if the court acts
21under circumstances that satisfy the jurisdictional
22requirements of Section 201 of the Uniform Interstate Family
23Support 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

 

 

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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
7Section, a determination of parentage may be a defense in a
8subsequent proceeding seeking to adjudicate parentage by an
9individual who was not a party to the earlier proceeding.
10    (e) A party to an adjudication of parentage may challenge
11the adjudication only under the laws of this State relating to
12appeal, 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
15to the birth of a child conceived by means of sexual
16intercourse or as a result of a gestational agreement as
17provided in the Gestational Surrogacy Act.
 
18    Section 702. Parental status of donor. A donor is not a
19parent of a child conceived by means of assisted reproduction.
20The donor of sperm provided to a licensed physician for use in
21artificial insemination of a woman other than the donor's
22spouse or other party to his civil union shall be treated in
23law as if he were not a parent of a child conceived by

 

 

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1artificial insemination. A woman who contributes an egg or eggs
2for the purpose of in-vitro fertilization or implantation in a
3woman other than herself or the other party to her civil union
4shall be treated in law as if she were not a parent of a child
5conceived by assisted reproduction.
 
6    Section 703. Parentage of a child of assisted reproduction.
7A man who provides sperm for, or consents to, assisted
8reproduction (including artificial insemination) by a woman as
9provided in Section 704 with the intent to be the parent of her
10child, is a parent of the resulting child. A woman who provides
11an egg or eggs for, or consents to, assisted reproduction
12(including in-vitro fertilization and implantation) by a woman
13as provided in Section 704 with the intent to be the parent of
14her 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
17intends to be a parent of a child born to the spouse or other
18party to a civil union by assisted reproduction must be in a
19record signed by both spouses or both parties to the civil
20union. This requirement does not apply to a donor, unless the
21donor intends to be the parent.
22    (b) Failure to sign a consent required by subsection (a) of
23this Section, before or after the birth of the child, does not
24preclude a finding of parentage, if the married couple or

 

 

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1parties to a civil union, for the first 2 years of the child's
2life, resided in a household with the child and openly held out
3the 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
6shall be considered at law in all respects the same as a
7naturally conceived child of the couple so requesting and
8consenting to the use of artificial insemination.
9    (b) If, under the supervision of a licensed physician and
10with the consent of the other spouse or other party to the
11civil union, a wife or party to the civil union is inseminated
12artificially with sperm donated by a donor, the other spouse or
13other party to the civil union shall be treated in law as if he
14or she is the natural parent of the child thereby conceived.
15The other spouse's or other party to the civil union's consent
16must be in writing executed and acknowledged by both spouses or
17both parties to the civil union. The physician who is to
18perform the technique shall certify their signatures and the
19date of the insemination, and file the other spouse's or other
20party to the civil union's consent in the medical record where
21it shall be kept confidential and held by the patient's
22physician. However, the physician's failure to certify and file
23the consent shall not affect the legal relationship between the
24other spouse or other party to the civil union and the child.
25All records pertaining to the insemination, whether part of the

 

 

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1permanent medical record held by the physician or not, are
2subject to inspection only upon an order of the court or for
3good cause shown.
4    (c) Except as otherwise provided in subsection (b) of this
5Section, a spouse or party to a civil union whose wife or other
6party to the civil union gives birth to a child by means of
7assisted reproduction may not challenge parentage of the child
8unless:
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
16at 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

 

 

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1marriage or civil union declared invalid after assisted
2reproduction.
 
3    Section 706. Effect of dissolution of marriage or civil
4union or withdrawal of consent.
5    (a) If a marriage or civil union is dissolved or declared
6invalid, or a judgment for legal separation is entered, before
7implantation of existing eggs, sperm, embryo, or embryos, the
8former spouse or party is not a parent of the resulting child
9unless the former spouse or party consented and the judgment
10provides that if assisted reproduction were to occur after
11entry of such judgment, the former spouse or party would be a
12parent of the child.
13    (b) Consent to assisted reproduction may be withdrawn by an
14individual in a record upon giving proper notice to the other
15party and the clinic or physician who was to perform the
16technique, by certified mail return receipt requested, at any
17time before implantation of the eggs, sperm, embryo, or
18embryos. An individual who withdraws consent under this Section
19is not a parent of the resulting child.
 
20    Section 707. Parental status of deceased individual. If an
21individual does not consent in a record to be a parent by
22assisted reproduction after death and dies before the
23implantation of eggs, sperm, embryo, or embryos, the deceased
24individual is not a parent of the resulting child.
 

 

 

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1
ARTICLE 8. SUPPORT AND JUDGMENT

 
2    Section 801. Temporary child support orders.
3    (a) Notwithstanding any other law to the contrary, pending
4the outcome of a judicial determination of parentage, the court
5shall issue a temporary order for child support upon motion by
6a party and a showing of clear and convincing evidence of
7parentage. In determining the amount of the temporary child
8support award, the court shall use the guidelines and standards
9set forth in subsection (a) of Section 505 and in Section 505.2
10of the Illinois Marriage and Dissolution of Marriage Act.
11    (b) Any new or existing support order entered by the court
12under this Section shall be deemed to be a series of judgments
13against the person obligated to pay support thereunder, each
14judgment to be in the amount of each payment or installment of
15support and each judgment to be deemed entered as of the date
16the corresponding payment or installment becomes due under the
17terms of the support order. Each judgment shall have the full
18force, effect, and attributes of any other judgment of this
19State, including the ability to be enforced. A judgment under
20this Section is subject to modification or termination only in
21accordance with Section 510 of the Illinois Marriage and
22Dissolution of Marriage Act. Notwithstanding any other state or
23local law to the contrary, a lien arises by operation of law
24against the real and personal property of the noncustodial

 

 

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1parent for each installment of overdue support owed by the
2noncustodial parent.
3    (c) An order for support, when entered or modified, shall
4include a provision requiring the non-custodial parent to
5notify the court and, in cases in which a party is receiving
6child support enforcement services under Article X of the
7Illinois Public Aid Code, the Department of Healthcare and
8Family Services, within 7 days: (i) of the name and address of
9any new employer of the non-custodial parent; (ii) whether the
10non-custodial parent has access to health insurance coverage
11through the employer or other group coverage and, if so, of the
12policy name and number and the names of persons covered under
13the policy; and (iii) of any new residential or mailing address
14or telephone number of the non-custodial parent. In any
15subsequent action to enforce a support order, upon a sufficient
16showing that a diligent effort has been made to ascertain the
17location of the non-custodial parent, service of process or
18provision of notice necessary in the case may be made at the
19last known address of the non-custodial parent in any manner
20expressly provided by this Act or the Code of Civil Procedure,
21and shall be sufficient for purposes of due process.
22    (d) An order for support shall include a date on which the
23current support obligation terminates. The termination date
24shall be no earlier than the date on which the child covered by
25the order will attain the age of 18. However, if the child will
26not graduate from high school until after attaining the age of

 

 

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118, then the termination date shall be no earlier than the
2earlier of the date on which the child's high school graduation
3will occur or the date on which the child will attain the age
4of 19. The order for support shall state that the termination
5date does not apply to any arrearage that may remain unpaid on
6that date. Nothing in this subsection shall be construed to
7prevent the court from modifying the order or terminating the
8order in the event the child is otherwise emancipated.
9    (e) If there is an unpaid arrearage or delinquency (as
10those terms are defined in the Income Withholding for Support
11Act) equal to at least one month's support obligation on the
12termination date stated in the order for support or, if there
13is no termination date stated in the order, on the date the
14child attains the age of majority or is otherwise emancipated,
15the periodic amount required to be paid for current support of
16that child immediately prior to that date shall automatically
17continue to be an obligation, not as current support but as
18periodic payment toward satisfaction of the unpaid arrearage or
19delinquency. The periodic payment shall be in addition to any
20periodic payment previously required for satisfaction of the
21arrearage or delinquency. The total periodic amount to be paid
22toward satisfaction of the arrearage or delinquency may be
23enforced and collected by any method provided by law for the
24enforcement and collection of child support including, but not
25limited to, income withholding under the Income Withholding for
26Support Act. Each order for support entered or modified on or

 

 

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1after January 1, 2006 must contain a statement notifying the
2parties of the requirements of this subsection. Failure to
3include the statement in the order for support does not affect
4the validity of the order or the operation of the provisions of
5this subsection with regard to the order. This subsection shall
6not be construed to prevent or affect the establishment or
7modification of an order for the support of a minor child or
8the establishment or modification of an order for the support
9of a non-minor child or educational expenses under Section 513
10of the Illinois Marriage and Dissolution of Marriage Act.
11    (f) An order entered under this Section shall include a
12provision requiring the obligor to report to the obligee and to
13the clerk of the circuit court within 10 days each time the
14obligor obtains new employment, and each time the obligor's
15employment is terminated for any reason. The report shall be in
16writing and shall, in the case of new employment, include the
17name and address of the new employer. Failure to report new
18employment or the termination of current employment, if coupled
19with nonpayment of support for a period in excess of 60 days,
20is indirect criminal contempt. For an obligor arrested for
21failure to report new employment, bond shall be set in the
22amount of the child support that should have been paid during
23the period of unreported employment. An order entered under
24this Section shall also include a provision requiring the
25obligor and obligee parents to advise each other of a change in
26residence within 5 days of the change except when the court

 

 

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1finds that the physical, mental, or emotional health of a party
2or that of a minor child, or both, would be seriously
3endangered by disclosure of the party's address.
 
4    Section 802. Judgment.
5    (a) The court shall issue an order adjudicating whether a
6man alleged or claiming to be the father is the parent of the
7child. An order adjudicating parentage must identify the child
8by name and date of birth.
9    The court may assess filing fees, reasonable attorney's
10fees, fees for genetic testing, other costs, necessary travel
11expenses, and other reasonable expenses incurred in a
12proceeding under this Act. The court may award attorney's fees,
13which may be paid directly to the attorney, who may enforce the
14order in the attorney's own name. The court may not assess
15fees, costs, or expenses against the support-enforcement
16agency of this State or another state, except as provided by
17other law.
18    The judgment shall contain or explicitly reserve
19provisions concerning any duty and amount of child support and
20may contain provisions concerning the custody and guardianship
21of the child, parenting time privileges with the child, and the
22furnishing of bond or other security for the payment of the
23judgment, which the court shall determine in accordance with
24the relevant factors set forth in the Illinois Marriage and
25Dissolution of Marriage Act and any other applicable law of

 

 

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1this State, to guide the court in a finding in the best
2interests of the child. In determining custody, joint custody,
3removal, parenting time, parenting time interference, support
4for a non-minor disabled child, educational expenses for a
5non-minor child, and related post-judgment issues, the court
6shall apply the relevant standards of the Illinois Marriage and
7Dissolution of Marriage Act. Specifically, in determining the
8amount of a child support award, the court shall use the
9guidelines and standards set forth in subsection (a) of Section
10505 and in Section 505.2 of the Illinois Marriage and
11Dissolution of Marriage Act.
12    (b) In an action brought within 2 years after a child's
13birth, the judgment or order may direct either parent to pay
14the reasonable expenses incurred by either parent or the
15Department of Healthcare and Family Services related to the
16mother's pregnancy and the delivery of the child.
17    (c) If a judgment of parentage contains no explicit award
18of custody, the establishment of a child support obligation or
19of parenting time rights in one parent shall be considered a
20judgment granting custody to the other parent. If the parentage
21judgment contains no such provisions, custody shall be presumed
22to be with the mother; however, the presumption shall not apply
23if the father has had physical custody for at least 6 months
24prior to the date that the mother seeks to enforce custodial
25rights.
26    (d) The court, if necessary to protect and promote the best

 

 

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1interests of the child, may set aside a portion of the
2separately held estates of the parties in a separate fund or
3trust for the support, education, physical and mental health,
4and general welfare of a minor or mentally or physically
5disabled child of the parties.
6    (e) The court shall order all child support payments,
7determined in accordance with such guidelines, to commence with
8the date summons is served. The level of current periodic
9support payments shall not be reduced because of payments set
10for the period prior to the date of entry of the support order.
11The court may order child support payments to be made for a
12period prior to the commencement of the action. In determining
13whether and to what extent the payments shall be made for the
14prior period, the court shall consider all relevant facts,
15including 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.

 

 

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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
6be paid for the period before the date the order for current
7child support is entered, there is a rebuttable presumption
8that the father's net income for the prior period was the same
9as his net income at the time the order for current child
10support is entered.
11    If (i) the non-custodial parent was properly served with a
12request for discovery of financial information relating to the
13non-custodial parent's ability to provide child support; (ii)
14the non-custodial parent failed to comply with the request,
15despite having been ordered to do so by the court; and (iii)
16the non-custodial parent is not present at the hearing to
17determine support despite having received proper notice, then
18any relevant financial information concerning the
19non-custodial parent's ability to provide child support that
20was obtained pursuant to subpoena and proper notice shall be
21admitted into evidence without the need to establish any
22further foundation for its admission.
23    (f) A new or existing support order entered by the court
24under this Section shall be deemed to be a series of judgments
25against the person obligated to pay support thereunder, each
26judgment to be in the amount of each payment or installment of

 

 

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1support and each judgment to be deemed entered as of the date
2the corresponding payment or installment becomes due under the
3terms of the support order. Each judgment shall have the full
4force, effect, and attributes of any other judgment of this
5State, including the ability to be enforced. A judgment under
6this Section is subject to modification or termination only in
7accordance with Section 510 of the Illinois Marriage and
8Dissolution of Marriage Act. Notwithstanding any State or local
9law to the contrary, a lien arises by operation of law against
10the real and personal property of the noncustodial parent for
11each installment of overdue support owed by the noncustodial
12parent.
13    (g) If the judgment or order of the court is at variance
14with the child's birth certificate, the court shall order that
15a new birth certificate be issued under the Vital Records Act.
16    (h) Upon the request of the mother and the father, the
17court shall order a change in the child's name.
18    (i) After hearing evidence, the court may stay payment of
19support during the period of the father's minority or period of
20disability.
21    (j) If, upon a showing of proper service, the father fails
22to appear in court or otherwise appear as provided by law, the
23court may proceed to hear the cause upon testimony of the
24mother or other parties taken in open court and shall enter a
25judgment by default. The court may reserve any order as to the
26amount of child support until the father has received notice,

 

 

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1by regular mail, of a hearing on the matter.
2    (k) An order for support, when entered or modified, shall
3include a provision requiring the non-custodial parent to
4notify the court and, in cases in which a party is receiving
5child support enforcement services under Article X of the
6Illinois Public Aid Code, the Department of Healthcare and
7Family Services, within 7 days: (i) of the name and address of
8any new employer of the non-custodial parent; (ii) whether the
9non-custodial parent has access to health insurance coverage
10through the employer or other group coverage and, if so, of the
11policy name and number and the names of persons covered under
12the policy; and (iii) of any new residential or mailing address
13or telephone number of the non-custodial parent. In a
14subsequent action to enforce a support order, upon a sufficient
15showing that a diligent effort has been made to ascertain the
16location of the non-custodial parent, service of process or
17provision of notice necessary in the case may be made at the
18last known address of the non-custodial parent in any manner
19expressly provided by this Act or the Code of Civil Procedure,
20and shall be sufficient for purposes of due process.
21    (l) An order for support shall include a date on which the
22current support obligation terminates. The termination date
23shall be no earlier than the date on which the child covered by
24the order will attain the age of 18. However, if the child will
25not graduate from high school until after attaining the age of
2618, then the termination date shall be no earlier than the

 

 

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1earlier of the date on which the child's high school graduation
2will occur or the date on which the child will attain the age
3of 19. The order for support shall state that the termination
4date does not apply to any arrearage that may remain unpaid on
5that date. Nothing in this subsection shall be construed to
6prevent the court from modifying the order or terminating the
7order in the event the child is otherwise emancipated.
8    (m) If there is an unpaid arrearage or delinquency (as
9those terms are defined in the Income Withholding for Support
10Act) equal to at least one month's support obligation on the
11termination date stated in the order for support or, if there
12is no termination date stated in the order, on the date the
13child attains the age of majority or is otherwise emancipated,
14the periodic amount required to be paid for current support of
15that child immediately prior to that date shall automatically
16continue to be an obligation, not as current support but as
17periodic payment toward satisfaction of the unpaid arrearage or
18delinquency. The periodic payment shall be in addition to any
19periodic payment previously required for satisfaction of the
20arrearage or delinquency. The total periodic amount to be paid
21toward satisfaction of the arrearage or delinquency may be
22enforced and collected by any method provided by law for
23enforcement and collection of child support, including but not
24limited to income withholding under the Income Withholding for
25Support Act. Each order for support entered or modified on or
26after January 1, 2005 must contain a statement notifying the

 

 

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1parties of the requirements of this subsection. Failure to
2include the statement in the order for support does not affect
3the validity of the order or the operation of the provisions of
4this subsection with regard to the order. This subsection shall
5not be construed to prevent or affect the establishment or
6modification of an order for support of a minor child or the
7establishment or modification of an order for support of a
8non-minor child or educational expenses under Section 513 of
9the Illinois Marriage and Dissolution of Marriage Act.
10    (n) An order entered under this Section shall include a
11provision requiring the obligor to report to the obligee and to
12the clerk of court within 10 days each time the obligor obtains
13new employment, and each time the obligor's employment is
14terminated for any reason. The report shall be in writing and
15shall, in the case of new employment, include the name and
16address of the new employer. Failure to report new employment
17or the termination of current employment, if coupled with
18nonpayment of support for a period in excess of 60 days, is
19indirect criminal contempt. For an obligor arrested for failure
20to report new employment bond shall be set in the amount of the
21child support that should have been paid during the period of
22unreported employment. An order entered under this Section
23shall also include a provision requiring the obligor and
24obligee parents to advise each other of a change in residence
25within 5 days of the change except when the court finds that
26the physical, mental, or emotional health of a party or that of

 

 

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1a minor child, or both, would be seriously endangered by
2disclosure 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
6day" are defined as set forth in the Income Withholding for
7Support Act.
8    "State Case Registry" means the State Case Registry
9established under Section 10-27 of the Illinois Public Aid
10Code.
11    (b) Each order for support entered or modified by the
12circuit court under this Act shall require that the obligor and
13obligee file with the clerk of the circuit court (i) the
14information required by this Section (and any other information
15required under Title IV, Part D of the Social Security Act or
16by the federal Department of Health and Human Services) at the
17time of entry or modification of the order for support; and
18(ii) updated information within 5 business days of any change.
19Failure of the obligor or obligee to file or update the
20required information shall be punishable as in cases of
21contempt. The failure shall not prevent the court from entering
22or modifying the order for support, however.
23    (c) The obligor shall file the following information: the
24obligor's name, date of birth, social security number, and
25mailing address. If either the obligor or the obligee receives

 

 

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1child support enforcement services from the Department of
2Healthcare and Family Services under Article X of the Illinois
3Public Aid Code, the obligor shall also file the following
4information: the obligor's telephone number, driver's license
5number, residential address (if different from the obligor's
6mailing address), and the name, address, and telephone number
7of 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
17enforcement services from the Department of Healthcare and
18Family Services under Article X of the Illinois Public Aid
19Code, the order for support shall (i) require that the obligee
20file the information required under subsection (d) with the
21Department of Healthcare and Family Services for inclusion in
22the State Case Registry, rather than file the information with
23the clerk, and (ii) require that the obligee include the
24following additional information:
25        (1) The obligee's telephone and driver's license
26    numbers.

 

 

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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
6update the information filed with the Department of Healthcare
7and Family Services within 5 business days of any change.
8    (f) The clerk of the circuit court shall provide the
9information filed under this Section, together with the court
10docket number and county in which the order for support was
11entered, to the State Case Registry within 5 business days
12after receipt of the information.
13    (g) In a case in which a party is receiving child support
14enforcement services under Article X of the Illinois Public Aid
15Code, the clerk of the circuit court shall provide the
16following additional information to the State Case Registry
17within 5 business days after entry or modification of an order
18for support or request from the Department of Healthcare and
19Family 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

 

 

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1Section that is not specifically required to be included in the
2body of an order for support under other laws is not a public
3record and shall be treated as confidential and subject to
4disclosure only in accordance with the provisions of this
5Section, Section 10-27 of the Illinois Public Aid Code, and
6Title IV, Part D of the Social Security Act.
 
7    Section 804. Information to locate putative fathers and
8noncustodial parents.
9    (a) Upon request by a public office, employers, labor
10unions, and telephone companies shall provide location
11information concerning putative fathers and noncustodial
12parents for the purpose of establishing the parentage of a
13child or establishing, enforcing, or modifying a child support
14obligation. As used in this Section, the term "public office"
15is defined as set forth in the Income Withholding for Support
16Act, and "location information" means information about (i) the
17physical whereabouts of a putative father or noncustodial
18parent; (ii) the employer of the putative father or
19noncustodial parent; or (iii) the salary, wages, and other
20compensation paid and the health insurance coverage provided to
21the putative father or noncustodial parent by the employer of
22the putative father or noncustodial parent or by a labor union
23of which the putative father or noncustodial parent is a
24member. An employer, labor union, or telephone company shall
25respond to the request of the public office within 15 days

 

 

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1after receiving the request. An employer, labor union, or
2telephone company that willfully fails to fully respond within
3the 15-day period shall be subject to a penalty of $100 for
4each day that the response is not provided to the public office
5after the 15-day period has expired. The penalty may be
6collected in a civil action, which may be brought against the
7employer, labor union, or telephone company in favor of the
8public office.
9    (b) Upon being served with a subpoena (including an
10administrative subpoena as authorized by law), a utility
11company or cable television company must provide location
12information to a public office for the purpose of establishing
13the parentage of a child or establishing, enforcing, or
14modifying a child support obligation.
15    (c) Notwithstanding the provisions of any other State or
16local law to the contrary, an employer, labor union, telephone
17company, utility company, or cable television company shall not
18be liable to any person for disclosure of location information
19under the requirements of this Section, except for willful and
20wanton misconduct.
 
21    Section 805. Enforcement of judgment or order.
22    (a) If the existence of the parent-child relationship is
23declared, or if parentage or a duty of support has been
24established under this Act or under prior law or under the law
25of any other jurisdiction, the judgment rendered thereunder may

 

 

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1be enforced in the same or in other proceedings by any party or
2any person or agency that has furnished or may furnish
3financial assistance or services to the child. The Income
4Withholding for Support Act and Sections 802 and 808 of this
5Act shall also be applicable with respect to the entry,
6modification, and enforcement of a support judgment entered
7under the Paternity Act, approved July 5, 1957 and repealed
8July 1, 1985.
9    (b) Failure to comply with an order of the court shall be
10punishable as contempt as in other cases of failure to comply
11under the Illinois Marriage and Dissolution of Marriage Act. In
12addition to other penalties provided by law, the court may,
13after finding the party guilty of contempt, take the following
14action:
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.

 

 

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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

 

 

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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
26imposed under this Section, a person whose conduct constitutes

 

 

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1a violation of Section 15 of the Non-Support Punishment Act may
2be prosecuted under that Act, and a person convicted under that
3Act may be sentenced in accordance with that Act. The sentence
4may include, but need not be limited to, a requirement that the
5person perform community service under Section 50 of that Act
6or participate in a work alternative program under Section 50
7of that Act. A person may not be required to participate in a
8work alternative program under Section 50 of the Non-Support
9Punishment Act if the person is currently participating in a
10work program under Section 806 of this Act.
11    (c) In a post-judgment proceeding to enforce or modify the
12judgment, the parties shall continue to be designated as in the
13original proceeding.
 
14    Section 806. Unemployment of person owing duty of support.
15    (a) Whenever it is determined in a proceeding to establish
16or enforce a child support obligation that the person owing a
17duty of support is unemployed, the court may order the person
18to seek employment and report periodically to the court with a
19diary, listing, or other memorandum of his or her efforts to
20seek employment in accordance with the order. Additionally, the
21court may order the unemployed person to report to the
22Department of Employment Security for job search services and
23to participate in job training or work programs. When the duty
24of support is owed to a child receiving child support
25enforcement services under Article X of the Illinois Public Aid

 

 

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1Code, the court may order the unemployed person to report to
2the Department of Healthcare and Family Services for
3participation in job search, training, or work programs
4established under Section 9-6 and Article IXA of that Code.
5    (b) Whenever it is determined that a person owes past-due
6support for a child, and the child is receiving assistance
7under the Illinois Public Aid Code, the court shall, at the
8request of the Department of Healthcare and Family Services,
9order 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
19is sought under this Act, the court, before granting relief,
20shall determine whether an order of protection has previously
21been entered in the instant proceeding or any other proceeding
22in which any party, or a child of any party, or both, if
23relevant, has been designated as either a respondent or a
24protected person.
 

 

 

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1    Section 808. Modification of judgment. The court has
2continuing jurisdiction to modify an order for support,
3custody, parenting time, or removal included in a judgment
4entered under this Act. Any custody, parenting time, or removal
5judgment modification shall be in accordance with the relevant
6factors specified in the Illinois Marriage and Dissolution of
7Marriage Act. Any support judgment is subject to modification
8or termination only in accordance with Section 510 of the
9Illinois Marriage and Dissolution of Marriage Act.
 
10    Section 809. Right to counsel.
11    (a) Any party may be represented by counsel at all
12proceedings under this Act. Except as otherwise provided in
13this Act, the court may order, in accordance with the relevant
14factors specified in Section 508 of the Illinois Marriage and
15Dissolution of Marriage Act, reasonable fees of counsel,
16experts, and other costs of the action, pre-trial proceedings,
17post-judgment proceedings to enforce or modify the judgment,
18and the appeal or the defense of an appeal of the judgment to
19be paid by the parties. The court may not order payment by the
20Department of Healthcare and Family Services in cases in which
21the Department is providing child support enforcement services
22under Article X of the Illinois Public Aid Code.
23    (b) In any proceedings involving the support, custody,
24parenting time, education, parentage, property interest, or
25general welfare of a minor or dependent child, the court may,

 

 

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1on its own motion or that of any party, appoint an attorney to
2serve in one of the capacities specified in Section 506 of the
3Illinois Marriage and Dissolution of Marriage Act.
 
4    Section 810. Withholding of income to secure payment of
5support. Orders for support entered under this Act are subject
6to the Income Withholding for Support Act.
 
7    Section 811. Information concerning obligors.
8    (a) In this Section:
9    "Arrearage", "delinquency", "obligor", and "order for
10support" have the meanings attributed to those terms in the
11Income Withholding for Support Act.
12    "Consumer reporting agency" has the meaning attributed to
13that term in Section 603(f) of the Fair Credit Reporting Act,
1415 U.S.C. 1681a(f).
15    (b) Whenever a court of competent jurisdiction finds that
16an obligor either owes an arrearage of more than $10,000 or is
17delinquent in payment of an amount equal to at least 3 months'
18support obligation pursuant to an order for support, the court
19shall direct the clerk of the circuit court to make information
20concerning the obligor available to consumer reporting
21agencies.
22    (c) Whenever a court of competent jurisdiction finds that
23an obligor either owes an arrearage of more than $10,000 or is
24delinquent in payment of an amount equal to at least 3 months'

 

 

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1support obligation pursuant to an order for support, the court
2shall direct the clerk of the circuit court to cause the
3obligor's name and address to be published in a newspaper of
4general circulation in the area in which the obligor resides.
5The clerk of the circuit court shall cause the obligor's name
6and address to be published only after sending to the obligor
7at the obligor's last known address, by certified mail, return
8receipt requested, a notice of intent to publish the
9information. This subsection (c) applies only if the obligor
10resides in the county in which the clerk of the circuit court
11holds office.
 
12    Section 812. Interest on support obligations. A support
13obligation, or any portion of a support obligation, which
14becomes due and remains unpaid as of the end of each month,
15excluding the child support that was due for that month to the
16extent that it was not paid in that month, shall accrue simple
17interest as set forth in Section 12-109 of the Code of Civil
18Procedure. An order for support shall contain a statement that
19a support obligation required under the order, or any portion
20of a support obligation required under the order, that becomes
21due and remains unpaid as of the end of each month, excluding
22the child support that was due for that month to the extent
23that it was not paid in that month, shall accrue simple
24interest as set forth in Section 12-109 of the Code of Civil
25Procedure. Failure to include the statement in the order for

 

 

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1support does not affect the validity of the order or the
2accrual of interest as provided in this Section.
 
3    Section 813. Support payments; receiving and disbursing
4agents.
5    (a) In an action filed in a county with less than 3,000,000
6inhabitants in which an order for child support is entered, and
7in supplementary proceedings to enforce or vary the terms of
8the order arising out of an action filed in such a county, the
9court, except in actions or supplementary proceedings in which
10the pregnancy and delivery expenses of the mother or the child
11support payments are for a recipient of aid under the Illinois
12Public Aid Code, shall direct that child support payments be
13made to the clerk of the circuit court, unless in the
14discretion of the court exceptional circumstances warrant
15otherwise. In cases where payment is to be made to persons
16other than the clerk of the circuit court, the judgment or
17order of support shall set forth the facts of the exceptional
18circumstances.
19    (b) In an action filed in a county of 3,000,000 or more
20inhabitants in which an order for child support is entered, and
21in supplementary proceedings to enforce or vary the terms of
22the order arising out of an action filed in such a county, the
23court, except in actions or supplementary proceedings in which
24the pregnancy and delivery expenses of the mother or the child
25support payments are for a recipient of aid under the Illinois

 

 

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1Public Aid Code, shall direct that child support payments be
2made either to the clerk of the circuit court or to the Court
3Service Division of the Department of Human Services local
4office or offices or its successor or to the Department of
5Healthcare and Family Services, unless in the discretion of the
6court exceptional circumstances warrant otherwise. In cases
7where payment is to be made to persons other than the clerk of
8the circuit court, the Court Service Division of the Department
9of Human Services local office or offices or its successor, or
10the Department of Healthcare and Family Services, the judgment
11or order of support shall set forth the facts of the
12exceptional circumstances.
13    (c) When the action or supplementary proceeding is on
14behalf of a mother for pregnancy and delivery expenses or for
15child support, or both, and the mother, child, or both, are
16recipients of aid under the Illinois Public Aid Code, the court
17shall order that the payments be made directly to (1) the
18Department of Healthcare and Family Services, if the mother or
19child, or both, are recipients under Article IV or V of the
20Illinois Public Aid Code; or (2) the local governmental unit
21responsible for the support of the mother or child, or both, if
22they are recipients under Article VI or VII of the Illinois
23Public Aid Code. In accordance with federal law and
24regulations, the Department of Healthcare and Family Services
25may continue to collect current maintenance payments or child
26support payments, or both, after those persons cease to receive

 

 

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1public assistance and until termination of services under
2Article X of the Illinois Public Aid Code. The Department of
3Healthcare and Family Services shall pay the net amount
4collected to those persons after deducting any costs incurred
5in making the collection or any collection fee from the amount
6of any recovery made. The Department of Healthcare and Family
7Services or the local governmental unit, as the case may be,
8may direct that payments be made directly to the mother of the
9child, or to some other person or agency on the child's behalf,
10upon the removal of the mother and child from the public aid
11rolls or upon termination of services under Article X of the
12Illinois Public Aid Code; upon such direction, the Department
13of Healthcare and Family Services or the local governmental
14unit shall give notice of the action to the court in writing or
15by electronic transmission.
16    (d) All clerks of the circuit court and the Court Service
17Division of the Department of Human Services local office or
18offices or its successor and the Department of Healthcare and
19Family Services, receiving child support payments under
20subsection (a) or (b) shall disburse the payments to the person
21or persons entitled to the payments under the terms of the
22order. The entity disbursing the payments shall establish and
23maintain clear and current records of all moneys received and
24disbursed and of defaults and delinquencies in required
25payments. The court, by order or rule, shall make provision for
26the carrying out of these duties. Payments under this Section

 

 

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1to the Department of Healthcare and Family Services made
2pursuant to the Child Support Enforcement Program established
3by Title IV-D of the Social Security Act shall be paid into the
4Child Support Enforcement Trust Fund. All payments under this
5Section to the Illinois Department of Human Services shall be
6deposited in the DHS Recoveries Trust Fund. Disbursement from
7these funds shall be as provided in the Illinois Public Aid
8Code. Payments received by a local governmental unit shall be
9deposited in that unit's General Assistance Fund.
10    (e) The moneys received by persons or agencies designated
11by the court shall be disbursed by them in accordance with the
12order. However, the court, on petition of the State's Attorney,
13may enter new orders designating the clerk of the circuit court
14or the Department of Healthcare and Family Services as the
15person or agency authorized to receive and disburse child
16support payments and, in the case of a recipient of public aid,
17the court, on petition of the Attorney General or State's
18Attorney, shall direct subsequent payments to be paid to the
19Department of Healthcare and Family Services or to the
20appropriate local governmental unit, as provided in subsection
21(c) of this Section. Payments of child support by principals or
22sureties on bonds or proceeds of any sale for the enforcement
23of a judgment shall be made to the clerk of the circuit court,
24the Department of Healthcare and Family Services, or the
25appropriate local governmental unit, as required by this
26Section.

 

 

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1    (f) For those cases in which child support is payable to
2the clerk of the circuit court for transmittal to the
3Department of Healthcare and Family Services by order of court
4or upon notification by the Department of Healthcare and Family
5Services, the clerk of the circuit court shall transmit all
6payments, within 4 working days of receipt, to insure that
7funds are available for immediate distribution by the
8Department of Healthcare and Family Services to the person or
9entity entitled to them in accordance with the Child Support
10Enforcement Program under Title IV-D of the Social Security
11Act. The clerk of the circuit court shall notify the Department
12of Healthcare and Family Services of the date of receipt and
13the amount of the funds at the time of transmittal. If the
14clerk of the circuit court has entered into an agreement of
15cooperation with the Department of Healthcare and Family
16Services to record the terms of child support orders and
17payments made thereunder directly into the Department's
18automated data processing system, the clerk of the circuit
19court shall account for, transmit and otherwise distribute
20child support payments in accordance with the agreement in lieu
21of the requirements contained in this Section.
22    (g) To the extent the provisions of this Section are
23inconsistent with the requirements pertaining to the State
24Disbursement Unit under Section 815 of this Act and Section
2510-26 of the Illinois Public Aid Code, the requirements
26pertaining to the State Disbursement Unit shall apply.
 

 

 

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1    Section 814. Notice of child support enforcement services.
2The Department of Healthcare and Family Services may provide
3notice at any time to the parties to an action filed under this
4Act that child support enforcement services are being provided
5by the Department under Article X of the Illinois Public Aid
6Code. After notice is provided, the Department of Healthcare
7and Family Services shall be entitled, as if it were a party,
8to notice of any further proceedings brought in the case. The
9Department of Healthcare and Family Services shall provide the
10clerk of the circuit court with copies of the notices sent to
11the parties. The clerk of the circuit court shall file the
12copies 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
16them in the Income Withholding for Support Act, except that
17"order for support" does not mean an order for spousal
18maintenance under which there is no child support obligation.
19    (b) Notwithstanding any other provision of this Act to the
20contrary, each order for support entered or modified on or
21after October 1, 1999 shall require that support payments be
22made to the State Disbursement Unit established under Section
2310-26 of the Illinois Public Aid Code if:
24        (1) a party to the order is receiving child support

 

 

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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
7Disbursement 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
16enforcement services under Article X of the Illinois Public Aid
17Code and the support payments are not made through income
18withholding, then support payments shall be made as directed by
19the order for support.
20    (e) At any time, and notwithstanding the existence of an
21order directing payments to be made elsewhere, the Department
22of Healthcare and Family Services may provide notice to the
23obligor 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

 

 

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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
13provide a copy of the notice sent under this subsection to the
14obligee and to the clerk of the circuit court.
15    (f) The clerk of the circuit court shall provide written
16notice to the obligor to make payments directly to the clerk of
17the circuit court if no party to the order is receiving child
18support enforcement services under Article X of the Illinois
19Public Aid Code, the support payments are not made through
20income withholding, and the order for support requires support
21payments to be made directly to the clerk of the circuit court.
22The clerk of the circuit court shall provide a copy of the
23notice to the obligee.
24    (g) If the State Disbursement Unit receives a support
25payment that was not appropriately made to the Unit under this
26Section, the Unit shall immediately return the payment to the

 

 

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1sender, including, if possible, instructions detailing where
2to send the support payments.
3    (h) The notices under subsections (e) and (f) may be sent
4by ordinary mail, certified mail with return receipt requested,
5facsimile transmission, other electronic process, or any
6method provided by law for service of a summons.
 
7    Section 816. Collection fee. In all cases instituted by the
8Department of Healthcare and Family Services on behalf of a
9child or spouse, other than one receiving a grant of financial
10aid under Article IV of the Illinois Public Aid Code, on whose
11behalf an application has been made and approved for child
12support enforcement services as provided by Section 10-1 of
13that Code, the court shall impose on the individual who owes a
14support obligation a collection fee, in addition to the support
15obligation, in an amount equal to 10% of the amount owed as
16long as the collection is required by federal law. The
17imposition of the fee shall be in accordance with Title IV,
18Part D, of the Social Security Act and the regulations duly
19promulgated thereunder. The fee shall be payable to the clerk
20of the circuit court for transmittal to the Department of
21Healthcare and Family Services and shall continue until support
22services are terminated by that Department.
 
23    Section 817. Notice to the clerk of circuit court of
24payment received by Department of Healthcare and Family

 

 

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1Services. For those cases in which support is payable to the
2clerk of the circuit court for transmittal to the Department of
3Healthcare and Family Services by order of court, and the
4Department of Healthcare and Family Services collects support
5by assignment, offset, withhold, deduction, or other process
6permitted by law, the Department of Healthcare and Family
7Services shall notify the clerk of the circuit court of the
8date and amount of the collection. Upon notification, the clerk
9of the circuit court shall record the collection on the payment
10record for the case.
 
11    Section 818. Administrative determinations of paternity.
12Notwithstanding any other provision of this Act, the Department
13of Healthcare and Family Services may make administrative
14determinations of paternity and nonpaternity in accordance
15with Article X of the Illinois Public Aid Code. These
16determinations of paternity or nonpaternity shall have the full
17force and effect of judgments entered under this Act.
 
18
ARTICLE 9. MISCELLANEOUS PROVISIONS

 
19    Section 901. Burden of proof. Absent a burden of proof
20specifically set forth in this Act, the burden of proof shall
21be by a preponderance of the evidence.
 
22    Section 902. Severability clause. If any provision of this

 

 

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1Act or its application to an individual or circumstance is held
2invalid, the invalidity does not affect other provisions or
3applications of this Act which can be given effect without the
4invalid provision or application, and to this end the
5provisions of this Act are severable.
 
6    Section 903. Transitional provision. A proceeding to
7adjudicate parentage which was commenced before the effective
8date of this Act is governed by the law in effect at the time
9the proceeding was commenced.
 
10    Section 904. Savings provision. The repeal of the Illinois
11Parentage Act of 1984 and the Illinois Parentage Act shall not
12affect rights or liabilities under those Act which have been
13determined, settled, or adjudicated prior to the effective date
14of this Act or which are the subject of proceedings pending on
15the effective date of this Act. This Act shall not be construed
16to bar an action which would have been barred because the
17action had not been filed within a time limitation under the
18Illinois Parentage Act of 1984 and the Illinois Parentage Act,
19or which could not have been maintained under those Acts, as
20long as the action is not barred by a limitations period set
21forth in this Act.
 
22    Section 905. Other states' establishments of parentage.
23Establishments of parentage made under the laws of other states

 

 

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1shall be given full faith and credit in this State regardless
2of whether parentage was established through voluntary
3acknowledgment, tests to determine inherited characteristics,
4or judicial or administrative processes.
 
5    Section 951. The Department of Employment Security Law of
6the Civil Administrative Code of Illinois is amended by
7changing 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
10enforcement.
11    (a) The Department has the power to exchange with the
12Department of Healthcare and Family Services information that
13may be necessary for the enforcement of child support orders
14entered pursuant to the Illinois Public Aid Code, the Illinois
15Marriage and Dissolution of Marriage Act, the Non-Support of
16Spouse and Children Act, the Non-Support Punishment Act, the
17Revised Uniform Reciprocal Enforcement of Support Act, the
18Uniform Interstate Family Support Act, or the Illinois
19Parentage Act of 1984, or the Illinois Parentage Act of 2013.
20    (b) Notwithstanding any provisions in the Civil
21Administrative Code of Illinois to the contrary, the Department
22of Employment Security shall not be liable to any person for
23any disclosure of information to the Department of Healthcare
24and Family Services (formerly Illinois Department of Public

 

 

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1Aid) under subsection (a) or for any other action taken in good
2faith 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
5of the Civil Administrative Code of Illinois is amended by
6changing 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
10Civil Administrative Code of Illinois, the following powers and
11duties:
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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
18loan or scholarship provided by or guaranteed by the Illinois
19Student Assistance Commission or any governmental agency of
20this State or in cases involving delinquency in complying with
21a child support order or violation of the Non-Support
22Punishment Act, no person or entity whose license, certificate,
23or authority has been revoked as authorized in any licensing
24Act administered by the Department may apply for restoration of
25that license, certification, or authority until 3 years after
26the effective date of the revocation.

 

 

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1    (b) The Department may, when a fee is payable to the
2Department for a wall certificate of registration provided by
3the Department of Central Management Services, require that
4portion of the payment for printing and distribution costs be
5made directly or through the Department to the Department of
6Central Management Services for deposit into the Paper and
7Printing Revolving Fund. The remainder shall be deposited into
8the General Revenue Fund.
9    (c) For the purpose of securing and preparing evidence, and
10for the purchase of controlled substances, professional
11services, and equipment necessary for enforcement activities,
12recoupment of investigative costs, and other activities
13directed at suppressing the misuse and abuse of controlled
14substances, including those activities set forth in Sections
15504 and 508 of the Illinois Controlled Substances Act, the
16Director and agents appointed and authorized by the Director
17may expend sums from the Professional Regulation Evidence Fund
18that the Director deems necessary from the amounts appropriated
19for that purpose. Those sums may be advanced to the agent when
20the Director deems that procedure to be in the public interest.
21Sums for the purchase of controlled substances, professional
22services, and equipment necessary for enforcement activities
23and other activities as set forth in this Section shall be
24advanced to the agent who is to make the purchase from the
25Professional Regulation Evidence Fund on vouchers signed by the
26Director. The Director and those agents are authorized to

 

 

HB1243- 92 -LRB098 03015 HEP 33030 b

1maintain one or more commercial checking accounts with any
2State banking corporation or corporations organized under or
3subject to the Illinois Banking Act for the deposit and
4withdrawal of moneys to be used for the purposes set forth in
5this Section; provided, that no check may be written nor any
6withdrawal made from any such account except upon the written
7signatures of 2 persons designated by the Director to write
8those checks and make those withdrawals. Vouchers for those
9expenditures must be signed by the Director. All such
10expenditures shall be audited by the Director, and the audit
11shall be submitted to the Department of Central Management
12Services for approval.
13    (d) Whenever the Department is authorized or required by
14law to consider some aspect of criminal history record
15information for the purpose of carrying out its statutory
16powers and responsibilities, then, upon request and payment of
17fees in conformance with the requirements of Section 2605-400
18of the Department of State Police Law (20 ILCS 2605/2605-400),
19the Department of State Police is authorized to furnish,
20pursuant to positive identification, the information contained
21in State files that is necessary to fulfill the request.
22    (e) The provisions of this Section do not apply to private
23business and vocational schools as defined by Section 15 of the
24Private Business and Vocational Schools Act of 2012.
25    (f) Beginning July 1, 1995, this Section does not apply to
26those professions, trades, and occupations licensed under the

 

 

HB1243- 93 -LRB098 03015 HEP 33030 b

1Real Estate License Act of 2000, nor does it apply to any
2permits, certificates, or other authorizations to do business
3provided for in the Land Sales Registration Act of 1989 or the
4Illinois Real Estate Time-Share Act.
5    (g) Notwithstanding anything that may appear in any
6individual licensing statute or administrative rule, the
7Department shall deny any license application or renewal
8authorized under any licensing Act administered by the
9Department to any person who has failed to file a return, or to
10pay the tax, penalty, or interest shown in a filed return, or
11to pay any final assessment of tax, penalty, or interest, as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirement of any such tax
14Act are satisfied; however, the Department may issue a license
15or renewal if the person has established a satisfactory
16repayment record as determined by the Illinois Department of
17Revenue. For the purpose of this Section, "satisfactory
18repayment record" shall be defined by rule.
19    In addition, a complaint filed with the Department by the
20Illinois Department of Revenue that includes a certification,
21signed by its Director or designee, attesting to the amount of
22the unpaid tax liability or the years for which a return was
23not filed, or both, is prima facia evidence of the licensee's
24failure to comply with the tax laws administered by the
25Illinois Department of Revenue. Upon receipt of that
26certification, the Department shall, without a hearing,

 

 

HB1243- 94 -LRB098 03015 HEP 33030 b

1immediately suspend all licenses held by the licensee.
2Enforcement of the Department's order shall be stayed for 60
3days. The Department shall provide notice of the suspension to
4the licensee by mailing a copy of the Department's order by
5certified and regular mail to the licensee's last known address
6as registered with the Department. The notice shall advise the
7licensee that the suspension shall be effective 60 days after
8the issuance of the Department's order unless the Department
9receives, from the licensee, a request for a hearing before the
10Department to dispute the matters contained in the order.
11    Any suspension imposed under this subsection (g) shall be
12terminated by the Department upon notification from the
13Illinois Department of Revenue that the licensee is in
14compliance with all tax laws administered by the Illinois
15Department of Revenue.
16    The Department shall promulgate rules for the
17administration of this subsection (g).
18    (h) The Department may grant the title "Retired", to be
19used immediately adjacent to the title of a profession
20regulated by the Department, to eligible retirees. The use of
21the title "Retired" shall not constitute representation of
22current licensure, registration, or certification. Any person
23without an active license, registration, or certificate in a
24profession that requires licensure, registration, or
25certification shall not be permitted to practice that
26profession.

 

 

HB1243- 95 -LRB098 03015 HEP 33030 b

1    (i) Within 180 days after December 23, 2009 (the effective
2date of Public Act 96-852), the Department shall promulgate
3rules which permit a person with a criminal record, who seeks a
4license or certificate in an occupation for which a criminal
5record is not expressly a per se bar, to apply to the
6Department for a non-binding, advisory opinion to be provided
7by the Board or body with the authority to issue the license or
8certificate as to whether his or her criminal record would bar
9the individual from the licensure or certification sought,
10should the individual meet all other licensure requirements
11including, but not limited to, the successful completion of the
12relevant examinations.
13(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
1496-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
 
15    Section 953. The Department of Revenue Law of the Civil
16Administrative Code of Illinois is amended by changing Section
172505-65 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
21state, with any local subdivisions of any state, or with the
22federal government, except when specifically prohibited by
23law, any information that may be necessary to efficient tax
24administration and that may be acquired as a result of the

 

 

HB1243- 96 -LRB098 03015 HEP 33030 b

1administration of the laws set forth in the Sections following
2Section 95-10 and preceding Section 2505-60.
3    (b) The Department has the power to exchange with the
4Department of Healthcare and Family Services information that
5may be necessary for the enforcement of child support orders
6entered pursuant to the Illinois Public Aid Code, the Illinois
7Marriage and Dissolution of Marriage Act, the Non-Support of
8Spouse and Children Act, the Non-Support Punishment Act, the
9Revised Uniform Reciprocal Enforcement of Support Act, the
10Uniform Interstate Family Support Act, or the Illinois
11Parentage Act of 1984, or the Illinois Parentage Act of 2013.
12Notwithstanding any provisions in this Code to the contrary,
13the Department of Revenue shall not be liable to any person for
14any disclosure of information to the Department of Healthcare
15and Family Services (formerly Illinois Department of Public
16Aid) under this subsection (b) or for any other action taken in
17good 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
21Section 3-5036.5 as follows:
 
22    (55 ILCS 5/3-5036.5)
23    Sec. 3-5036.5. Exchange of information for child support
24enforcement.

 

 

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1    (a) The Recorder shall exchange with the Department of
2Healthcare and Family Services information that may be
3necessary for the enforcement of child support orders entered
4pursuant to the Illinois Public Aid Code, the Illinois Marriage
5and Dissolution of Marriage Act, the Non-Support of Spouse and
6Children Act, the Non-Support Punishment Act, the Revised
7Uniform Reciprocal Enforcement of Support Act, the Uniform
8Interstate Family Support Act, or the Illinois Parentage Act of
91984, or the Illinois Parentage Act of 2013.
10    (b) Notwithstanding any provisions in this Code to the
11contrary, the Recorder shall not be liable to any person for
12any disclosure of information to the Department of Healthcare
13and Family Services (formerly Illinois Department of Public
14Aid) under subsection (a) or for any other action taken in good
15faith 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
18changing 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
23other legal entities engaged in the business of collecting
24child support indebtedness owing under a court order as

 

 

HB1243- 98 -LRB098 03015 HEP 33030 b

1provided under the Illinois Public Aid Code, the Illinois
2Marriage and Dissolution of Marriage Act, the Non-Support of
3Spouse and Children Act, the Non-Support Punishment Act, the
4Illinois Parentage Act of 1984, the Illinois Parentage Act of
52013, or similar laws of other states are not restricted (i) in
6the frequency of contact with an obligor who is in arrears,
7whether by phone, mail, or other means, (ii) from contacting
8the employer of an obligor who is in arrears, (iii) from
9publishing or threatening to publish a list of obligors in
10arrears, (iv) from disclosing or threatening to disclose an
11arrearage that the obligor disputes, but for which a verified
12notice of delinquency has been served under the Income
13Withholding for Support Act (or any of its predecessors,
14Section 10-16.2 of the Illinois Public Aid Code, Section 706.1
15of the Illinois Marriage and Dissolution of Marriage Act,
16Section 4.1 of the Non-Support of Spouse and Children Act,
17Section 26.1 of the Revised Uniform Reciprocal Enforcement of
18Support Act, or Section 20 of the Illinois Parentage Act of
191984), or (v) from engaging in conduct that would not cause a
20reasonable person mental or physical illness. For purposes of
21this subsection, "obligor" means an individual who owes a duty
22to make periodic payments, under a court order, for the support
23of a child. "Arrearage" means the total amount of an obligor's
24unpaid child support obligations.
25    (a-5) A collection agency may not impose a fee or charge,
26including costs, for any child support payments collected

 

 

HB1243- 99 -LRB098 03015 HEP 33030 b

1through the efforts of a federal, State, or local government
2agency, including but not limited to child support collected
3from federal or State tax refunds, unemployment benefits, or
4Social Security benefits.
5    No collection agency that collects child support payments
6shall (i) impose a charge or fee, including costs, for
7collection of a current child support payment, (ii) fail to
8apply collections to current support as specified in the order
9for support before applying collection to arrears or other
10amounts, or (iii) designate a current child support payment as
11arrears or other amount owed. In all circumstances, the
12collection agency shall turn over to the obligee all support
13collected in a month up to the amount of current support
14required to be paid for that month.
15    As to any fees or charges, including costs, retained by the
16collection agency, that agency shall provide documentation to
17the obligee demonstrating that the child support payments
18resulted from the actions of the agency.
19    After collection of the total amount or arrearage,
20including statutory interest, due as of the date of execution
21of the collection contract, no further fees may be charged.
22    (a-10) The Department of Professional Regulation shall
23determine a fee rate of not less than 25% but not greater than
2435%, based upon presentation by the licensees as to costs to
25provide the service and a fair rate of return. This rate shall
26be established by administrative rule.

 

 

HB1243- 100 -LRB098 03015 HEP 33030 b

1    Without prejudice to the determination by the Department of
2the appropriate rate through administrative rule, a collection
3agency shall impose a fee of not more than 29% of the amount of
4child support actually collected by the collection agency
5subject to the provisions of subsection (a-5). This interim
6rate is based upon the March 2002 General Account Office report
7"Child Support Enforcement", GAO-02-349. This rate shall apply
8until a fee rate is established by administrative rule.
9    (b) The Department shall adopt rules necessary to
10administer 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
13changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19,
1410-25, 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
17Department shall establish within its administrative staff a
18Child and Spouse Support Unit to search for and locate absent
19parents and spouses liable for the support of persons resident
20in this State and to exercise the support enforcement powers
21and responsibilities assigned the Department by this Article.
22The unit shall cooperate with all law enforcement officials in
23this State and with the authorities of other States in locating
24persons responsible for the support of persons resident in

 

 

HB1243- 101 -LRB098 03015 HEP 33030 b

1other States and shall invite the cooperation of these
2authorities in the performance of its duties.
3    In addition to other duties assigned the Child and Spouse
4Support Unit by this Article, the Unit may refer to the
5Attorney General or units of local government with the approval
6of the Attorney General, any actions under Sections 10-10 and
710-15 for judicial enforcement of the support liability. The
8Child and Spouse Support Unit shall act for the Department in
9referring to the Attorney General support matters requiring
10judicial enforcement under other laws. If requested by the
11Attorney General to so act, as provided in Section 12-16,
12attorneys of the Unit may assist the Attorney General or
13themselves institute actions on in behalf of the Illinois
14Department under the Revised Uniform Reciprocal Enforcement of
15Support Act; under the Illinois Parentage Act of 1984 or under
16the Illinois Parentage Act of 2013; under the Non-Support of
17Spouse and Children Act; under the Non-Support Punishment Act;
18or under any other law, State or Federal, providing for support
19of a spouse or dependent child.
20    The Illinois Department shall also have the authority to
21enter into agreements with local governmental units or
22individuals, with the approval of the Attorney General, for the
23collection of moneys owing because of the failure of a parent
24to make child support payments for any child receiving services
25under this Article. Such agreements may be on a contingent fee
26basis, but such contingent fee shall not exceed 25% of the

 

 

HB1243- 102 -LRB098 03015 HEP 33030 b

1total amount collected.
2    An attorney who provides representation pursuant to this
3Section shall represent the Illinois Department exclusively.
4Regardless of the designation of the plaintiff in an action
5brought pursuant to this Section, an attorney-client
6relationship does not exist for purposes of that action between
7that attorney and (i) an applicant for or recipient of child
8support enforcement services or (ii) any other party to the
9action other than the Illinois Department. Nothing in this
10Section shall be construed to modify any power or duty
11(including a duty to maintain confidentiality) of the Child and
12Spouse Support Unit or the Illinois Department otherwise
13provided by law.
14    The Illinois Department may also enter into agreements with
15local governmental units for the Child and Spouse Support Unit
16to exercise the investigative and enforcement powers
17designated in this Article, including the issuance of
18administrative orders under Section 10-11, in locating
19responsible relatives and obtaining support for persons
20applying for or receiving aid under Article VI. Payments for
21defrayment of administrative costs and support payments
22obtained shall be deposited into the DHS Recoveries Trust Fund.
23Support payments shall be paid over to the General Assistance
24Fund of the local governmental unit at such time or times as
25the agreement may specify.
26    With respect to those cases in which it has support

 

 

HB1243- 103 -LRB098 03015 HEP 33030 b

1enforcement powers and responsibilities under this Article,
2the Illinois Department may provide by rule for periodic or
3other review of each administrative and court order for support
4to determine whether a modification of the order should be
5sought. The Illinois Department shall provide for and conduct
6such review in accordance with any applicable federal law and
7regulation.
8    As part of its process for review of orders for support,
9the Illinois Department, through written notice, may require
10the responsible relative to disclose his or her Social Security
11Number and past and present information concerning the
12relative's address, employment, gross wages, deductions from
13gross wages, net wages, bonuses, commissions, number of
14dependent exemptions claimed, individual and dependent health
15insurance coverage, and any other information necessary to
16determine the relative's ability to provide support in a case
17receiving child support enforcement services under this
18Article X.
19    The Illinois Department may send a written request for the
20same information to the relative's employer. The employer shall
21respond to the request for information within 15 days after the
22date the employer receives the request. If the employer
23willfully fails to fully respond within the 15-day period, the
24employer shall pay a penalty of $100 for each day that the
25response is not provided to the Illinois Department after the
2615-day period has expired. The penalty may be collected in a

 

 

HB1243- 104 -LRB098 03015 HEP 33030 b

1civil action which may be brought against the employer in favor
2of the Illinois Department.
3    A written request for information sent to an employer
4pursuant to this Section shall consist of (i) a citation of
5this Section as the statutory authority for the request and for
6the employer's obligation to provide the requested
7information, (ii) a returnable form setting forth the
8employer's name and address and listing the name of the
9employee with respect to whom information is requested, and
10(iii) a citation of this Section as the statutory authority
11authorizing the employer to withhold a fee of up to $20 from
12the wages or income to be paid to each responsible relative for
13providing the information to the Illinois Department within the
1415-day period. If the employer is withholding support payments
15from the responsible relative's income pursuant to an order for
16withholding, the employer may withhold the fee provided for in
17this Section only after withholding support as required under
18the order. Any amounts withheld from the responsible relative's
19income for payment of support and the fee provided for in this
20Section shall not be in excess of the amounts permitted under
21the federal Consumer Credit Protection Act.
22    In a case receiving child support enforcement services, the
23Illinois Department may request and obtain information from a
24particular employer under this Section no more than once in any
2512-month period, unless the information is necessary to conduct
26a review of a court or administrative order for support at the

 

 

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1request of the person receiving child support enforcement
2services.
3    The Illinois Department shall establish and maintain an
4administrative unit to receive and transmit to the Child and
5Spouse Support Unit information supplied by persons applying
6for or receiving child support enforcement services under
7Section 10-1. In addition, the Illinois Department shall
8address and respond to any alleged deficiencies that persons
9receiving or applying for services from the Child and Spouse
10Support Unit may identify concerning the Child and Spouse
11Support Unit's provision of child support enforcement
12services. Within 60 days after an action or failure to act by
13the Child and Spouse Support Unit that affects his or her case,
14a recipient of or applicant for child support enforcement
15services under Article X of this Code may request an
16explanation of the Unit's handling of the case. At the
17requestor's option, the explanation may be provided either
18orally in an interview, in writing, or both. If the Illinois
19Department fails to respond to the request for an explanation
20or fails to respond in a manner satisfactory to the applicant
21or recipient within 30 days from the date of the request for an
22explanation, the applicant or recipient may request a
23conference for further review of the matter by the Office of
24the Administrator of the Child and Spouse Support Unit. A
25request for a conference may be submitted at any time within 60
26days after the explanation has been provided by the Child and

 

 

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1Spouse Support Unit or within 60 days after the time for
2providing the explanation has expired.
3    The applicant or recipient may request a conference
4concerning any decision denying or terminating child support
5enforcement services under Article X of this Code, and the
6applicant or recipient may also request a conference concerning
7the Unit's failure to provide services or the provision of
8services in an amount or manner that is considered inadequate.
9For purposes of this Section, the Child and Spouse Support Unit
10includes all local governmental units or individuals with whom
11the Illinois Department has contracted under Section 10-3.1.
12    Upon receipt of a timely request for a conference, the
13Office of the Administrator shall review the case. The
14applicant or recipient requesting the conference shall be
15entitled, at his or her option, to appear in person or to
16participate in the conference by telephone. The applicant or
17recipient requesting the conference shall be entitled to be
18represented and to be afforded a reasonable opportunity to
19review the Illinois Department's file before or at the
20conference. At the conference, the applicant or recipient
21requesting the conference shall be afforded an opportunity to
22present all relevant matters in support of his or her claim.
23Conferences shall be without cost to the applicant or recipient
24requesting the conference and shall be conducted by a
25representative of the Child or Spouse Support Unit who did not
26participate in the action or inaction being reviewed.

 

 

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1    The Office of the Administrator shall conduct a conference
2and inform all interested parties, in writing, of the results
3of the conference within 60 days from the date of filing of the
4request for a conference.
5    In addition to its other powers and responsibilities
6established by this Article, the Child and Spouse Support Unit
7shall conduct an annual assessment of each institution's
8program for institution based paternity establishment under
9Section 12 of the Vital Records Act.
10(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16,
11eff. 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
14authorization.
15    (a) For purposes of this Section:
16    "Financial institution" and "account" are defined as set
17forth in Section 10-24.
18    "Payor" is defined as set forth in Section 15 of the Income
19Withholding for Support Act.
20    "Order for support" means any order for periodic payment of
21funds to the State Disbursement Unit for the support of a child
22or, where applicable, for support of a child and a parent with
23whom the child resides, that is entered or modified under this
24Code or under the Illinois Marriage and Dissolution of Marriage
25Act, the Non-Support of Spouse and Children Act, the

 

 

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1Non-Support Punishment Act, or the Illinois Parentage Act of
21984, or the Illinois Parentage Act of 2013, or that is entered
3or registered for modification or enforcement under the Uniform
4Interstate Family Support Act.
5    "Obligor" means an individual who owes a duty to make
6payments under an order for support in a case in which child
7support enforcement services are being provided under this
8Article X.
9    (b) The Department of Public Aid (now Healthcare and Family
10Services) shall adopt a child support enforcement debit
11authorization form that, upon being signed by an obligor,
12authorizes a financial institution holding an account on the
13obligor's behalf to debit the obligor's account periodically in
14an amount equal to the amount of child support that the obligor
15is required to pay periodically and transfer that amount to the
16State Disbursement Unit. The form shall include instructions to
17the financial institution concerning the debiting of accounts
18held on behalf of obligors and the transfer of the debited
19amounts to the State Disbursement Unit. In adopting the form,
20the Department may consult with the Office of Banks and Real
21Estate and the Department of Financial Institutions. The
22Department must adopt the form within 6 months after the
23effective date of this amendatory Act of the 93rd General
24Assembly. Promptly after adopting the form, the Department must
25notify each financial institution conducting business in this
26State that the form has been adopted and is ready for use.

 

 

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1    (c) An obligor who does not have a payor may sign a child
2support debit authorization form adopted by the Department
3under this Section. The obligor may sign a form in relation to
4any or all of the financial institutions holding an account on
5the obligor's behalf. Promptly after an obligor signs a child
6support debit authorization form, the Department shall send the
7original signed form to the appropriate financial institution.
8Subject to subsection (e), upon receiving the form, the
9financial institution shall debit the account and transfer the
10debited amounts to the State Disbursement Unit according to the
11instructions in the form. A financial institution that complies
12with a child support debit authorization form signed by an
13obligor and issued under this Section shall not be subject to
14civil liability with respect to any individual or any agency.
15    (d) The signing and issuance of a child support debit
16authorization form under this Section does not relieve the
17obligor from responsibility for compliance with any
18requirement under the order for support.
19    (e) A financial institution is obligated to debit the
20account of an obligor pursuant to this Section only if or to
21the 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

 

 

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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
6by the financial institution as security for a loan or other
7obligation, or that the financial institution has any other
8claim or lien against the account, the financial institution is
9entitled 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
13procedures, actions and remedies provided in this Article shall
14in no way be exclusive, but shall be available in addition to
15other actions and remedies of support, including, but not by
16way of limitation, the remedies provided in (a) the Illinois
17Parentage Act of 2013 "Paternity Act", approved July 5, 1957,
18as amended; (b) the "Non-Support of Spouse and Children Act",
19approved June 24, 1915, as amended; (b-5) the Non-Support
20Punishment Act; and (c) the "Revised Uniform Reciprocal
21Enforcement of Support Act", approved August 28, 1969, as
22amended.
23(Source: P.A. 91-613, eff. 10-1-99.)
 
24    (305 ILCS 5/10-17.7)

 

 

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1    Sec. 10-17.7. Administrative determination of paternity.
2The Illinois Department may provide by rule for the
3administrative determination of paternity by the Child and
4Spouse Support Unit in cases involving applicants for or
5recipients of financial aid under Article IV of this Act and
6other persons who are given access to the child support
7enforcement services of this Article as provided in Section
810-1, including persons similarly situated and receiving
9similar services in other states. The rules shall extend to
10cases in which the mother and alleged father voluntarily
11acknowledge paternity in the form required by the Illinois
12Department or agree to be bound by the results of genetic
13testing or in which the alleged father has failed to respond to
14a notification of support obligation issued under Section 10-4
15and to cases of contested paternity. The Illinois Department's
16form for voluntary acknowledgement of paternity shall be the
17same form prepared by the Illinois Department for use under the
18requirements of Section 12 of the Vital Records Act. Any
19presumption provided for under the Illinois Parentage Act of
201984 or under the Illinois Parentage Act of 2013 on and after
21the effective date of that Act shall apply to cases in which
22paternity is determined under the rules of the Illinois
23Department. The rules shall provide for notice and an
24opportunity to be heard by the responsible relative and the
25person receiving child support enforcement services under this
26Article if paternity is not voluntarily acknowledged, and any

 

 

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1final administrative decision rendered by the Illinois
2Department shall be reviewed only under and in accordance with
3the Administrative Review Law. Determinations of paternity
4made by the Illinois Department under the rules authorized by
5this Section shall have the full force and effect of a court
6judgment of paternity entered under the Illinois Parentage Act
7of 1984 or under the Illinois Parentage Act of 2013.
8    In determining paternity in contested cases, the Illinois
9Department shall conduct the evidentiary hearing in accordance
10with Article 4 of the Illinois Parentage Act of 2013 Section 11
11of the Parentage Act of 1984, except that references in that
12Article Section to "the court" shall be deemed to mean the
13Illinois Department's hearing officer in cases in which
14paternity is determined administratively by the Illinois
15Department.
16    Notwithstanding any other provision of this Article, a
17default determination of paternity may be made if service of
18the notice under Section 10-4 was made by publication under the
19rules for administrative paternity determination authorized by
20this Section. The rules as they pertain to service by
21publication shall (i) be based on the provisions of Section
222-206 and 2-207 of the Code of Civil Procedure, (ii) provide
23for service by publication in cases in which the whereabouts of
24the alleged father are unknown after diligent location efforts
25by the Child and Spouse Support Unit, and (iii) provide for
26publication of a notice of default paternity determination in

 

 

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1the same manner that the notice under Section 10-4 was
2published.
3    The Illinois Department may implement this Section through
4the use of emergency rules in accordance with Section 5-45 of
5the Illinois Administrative Procedure Act. For purposes of the
6Illinois Administrative Procedure Act, the adoption of rules to
7implement this Section shall be considered an emergency and
8necessary 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;
12where deposited. The Illinois Department and local
13governmental units are authorized to receive payments directed
14by court order for the support of recipients, as provided in
15the following Acts:
16    1. "Non-Support of Spouse and Children Act", approved June
1724, 1915, as amended,
18    1.5. The Non-Support Punishment Act,
19    2. "Illinois Marriage and Dissolution of Marriage Act", as
20now 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
24Act", approved August 28, 1969, as amended,
25    5. The Juvenile Court Act or the Juvenile Court Act of

 

 

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11987, as amended,
2    6. The "Unified Code of Corrections", approved July 26,
31972, as amended,
4    7. Part 7 of Article XII of the Code of Civil Procedure, as
5amended,
6    8. Part 8 of Article XII of the Code of Civil Procedure, as
7amended, and
8    9. Other laws which may provide by judicial order for
9direct payment of support moneys.
10    Payments under this Section to the Illinois Department
11pursuant to the Child Support Enforcement Program established
12by Title IV-D of the Social Security Act shall be paid into the
13Child Support Enforcement Trust Fund. All payments under this
14Section to the Illinois Department of Human Services shall be
15deposited in the DHS Recoveries Trust Fund. Disbursements from
16these funds shall be as provided in Sections 12-9.1 and 12-10.2
17of this Code. Payments received by a local governmental unit
18shall be deposited in that unit's General Assistance Fund.
19    To the extent the provisions of this Section are
20inconsistent with the requirements pertaining to the State
21Disbursement Unit under Sections 10-10.4 and 10-26 of this
22Code, the requirements pertaining to the State Disbursement
23Unit shall apply.
24(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
25eff. 10-1-99; 92-16, eff. 6-28-01.)
 

 

 

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1    (305 ILCS 5/10-25)
2    Sec. 10-25. Administrative liens and levies on real
3property for past-due child support.
4    (a) Notwithstanding any other State or local law to the
5contrary, the State shall have a lien on all legal and
6equitable interests of responsible relatives in their real
7property in the amount of past-due child support owing pursuant
8to an order for child support entered under Sections 10-10 and
910-11 of this Code, or under the Illinois Marriage and
10Dissolution of Marriage Act, the Non-Support of Spouse and
11Children Act, the Non-Support Punishment Act, the Uniform
12Interstate Family Support Act, or the Illinois Parentage Act of
131984, or the Illinois Parentage Act of 2013.
14    (b) The Illinois Department shall provide by rule for
15notice to and an opportunity to be heard by each responsible
16relative affected, and any final administrative decision
17rendered by the Illinois Department shall be reviewed only
18under and in accordance with the Administrative Review Law.
19    (c) When enforcing a lien under subsection (a) of this
20Section, the Illinois Department shall have the authority to
21execute notices of administrative liens and levies, which shall
22contain the name and address of the responsible relative, a
23legal description of the real property to be levied, the fact
24that a lien is being claimed for past-due child support, and
25such other information as the Illinois Department may by rule
26prescribe. The Illinois Department shall record the notice of

 

 

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1lien with the recorder or registrar of titles of the county or
2counties in which the real estate is located.
3    (d) The State's lien under subsection (a) shall be
4enforceable upon the recording or filing of a notice of lien
5with the recorder or registrar of titles of the county or
6counties in which the real estate is located. The lien shall be
7prior to any lien thereafter recorded or filed and shall be
8notice to a subsequent purchaser, assignor, or encumbrancer of
9the existence and nature of the lien. The lien shall be
10inferior to the lien of general taxes, special assessment, and
11special taxes heretofore or hereafter levied by any political
12subdivision or municipal corporation of the State.
13    In the event that title to the land to be affected by the
14notice of lien is registered under the Registered Titles
15(Torrens) Act, the notice shall be filed in the office of the
16registrar of titles as a memorial or charge upon each folium of
17the register of titles affected by the notice; but the State
18shall not have a preference over the rights of any bona fide
19purchaser, mortgagee, judgment creditor, or other lien holders
20registered prior to the registration of the notice.
21    (e) The recorder or registrar of titles of each county
22shall procure a file labeled "Child Support Lien Notices" and
23an index book labeled "Child Support Lien Notices". When notice
24of any lien is presented to the recorder or registrar of titles
25for filing, the recorder or registrar of titles shall file it
26in numerical order in the file and shall enter it

 

 

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1alphabetically in the index. The entry shall show the name and
2last known address of the person named in the notice, the
3serial number of the notice, the date and hour of filing, and
4the amount of child support due at the time when the lien is
5filed.
6    (f) The Illinois Department shall not be required to
7furnish bond or make a deposit for or pay any costs or fees of
8any court or officer thereof in any legal proceeding involving
9the lien.
10    (g) To protect the lien of the State for past-due child
11support, the Illinois Department may, from funds that are
12available for that purpose, pay or provide for the payment of
13necessary or essential repairs, purchase tax certificates, pay
14balances due on land contracts, or pay or cause to be satisfied
15any prior liens on the property to which the lien hereunder
16applies.
17    (h) A lien on real property under this Section shall be
18released pursuant to Section 12-101 of the Code of Civil
19Procedure.
20    (i) The Illinois Department, acting in behalf of the State,
21may foreclose the lien in a judicial proceeding to the same
22extent and in the same manner as in the enforcement of other
23liens. The process, practice, and procedure for the foreclosure
24shall be the same as provided in the Code of Civil Procedure.
25(Source: P.A. 97-186, eff. 7-22-11.)
 

 

 

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1    (305 ILCS 5/10-25.5)
2    Sec. 10-25.5. Administrative liens and levies on personal
3property for past-due child support.
4    (a) Notwithstanding any other State or local law to the
5contrary, the State shall have a lien on all legal and
6equitable interests of responsible relatives in their personal
7property, including any account in a financial institution as
8defined in Section 10-24, or in the case of an insurance
9company or benefit association only in accounts as defined in
10Section 10-24, in the amount of past-due child support owing
11pursuant to an order for child support entered under Sections
1210-10 and 10-11 of this Code, or under the Illinois Marriage
13and Dissolution of Marriage Act, the Non-Support of Spouse and
14Children Act, the Non-Support Punishment Act, the Uniform
15Interstate Family Support Act, or the Illinois Parentage Act of
161984, or the Illinois Parentage Act of 2013.
17    (b) The Illinois Department shall provide by rule for
18notice to and an opportunity to be heard by each responsible
19relative affected, and any final administrative decision
20rendered by the Illinois Department shall be reviewed only
21under and in accordance with the Administrative Review Law.
22    (c) When enforcing a lien under subsection (a) of this
23Section, the Illinois Department shall have the authority to
24execute notices of administrative liens and levies, which shall
25contain the name and address of the responsible relative, a
26description of the property to be levied, the fact that a lien

 

 

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1is being claimed for past-due child support, and such other
2information as the Illinois Department may by rule prescribe.
3The Illinois Department may serve the notice of lien or levy
4upon any financial institution where the accounts as defined in
5Section 10-24 of the responsible relative may be held, for
6encumbrance or surrender of the accounts as defined in Section
710-24 by the financial institution.
8    (d) The Illinois Department shall enforce its lien against
9the responsible relative's personal property, other than
10accounts as defined in Section 10-24 in financial institutions,
11and levy upon such personal property in the manner provided for
12enforcement of judgments contained in Article XII of the Code
13of Civil Procedure.
14    (e) The Illinois Department shall not be required to
15furnish bond or make a deposit for or pay any costs or fees of
16any court or officer thereof in any legal proceeding involving
17the lien.
18    (f) To protect the lien of the State for past-due child
19support, the Illinois Department may, from funds that are
20available for that purpose, pay or provide for the payment of
21necessary or essential repairs, purchase tax certificates, or
22pay or cause to be satisfied any prior liens on the property to
23which the lien hereunder applies.
24    (g) A lien on personal property under this Section shall be
25released in the manner provided under Article XII of the Code
26of Civil Procedure. Notwithstanding the foregoing, a lien under

 

 

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1this Section on accounts as defined in Section 10-24 shall
2expire upon the passage of 120 days from the date of issuance
3of the Notice of Lien or Levy by the Illinois Department.
4However, the lien shall remain in effect during the pendency of
5any appeal or protest.
6    (h) A lien created under this Section is subordinate to any
7prior lien of the financial institution or any prior lien
8holder or any prior right of set-off that the financial
9institution may have against the assets, or in the case of an
10insurance company or benefit association only in the accounts
11as defined in Section 10-24.
12    (i) A financial institution has no obligation under this
13Section to hold, encumber, or surrender the assets, or in the
14case of an insurance company or benefit association only the
15accounts as defined in Section 10-24, until the financial
16institution has been properly served with a subpoena, summons,
17warrant, court or administrative order, or administrative lien
18and 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
23State Case Registry to contain records concerning child support
24orders for parties receiving child support enforcement
25services under this Article X, and for all child support orders

 

 

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1entered or modified on or after October 1, 1998. The State Case
2Registry shall include (i) the information filed with the
3Illinois Department, or filed with the clerk of the circuit
4court and provided to the Illinois Department, under the
5provisions of Sections 10-10.5 and 10-11.2 of this Code,
6Section 505.3 of the Illinois Marriage and Dissolution of
7Marriage Act, Section 30 of the Non-Support Punishment Act, and
8Section 803 of the Illinois Parentage Act of 2013, and Section
914.1 of the Illinois Parentage Act of 1984, and (ii) any other
10information required under Title IV, Part D of the Social
11Security Act or by the federal Department of Health and Human
12Services.
13    (b) (Blank).
14    (c) The Illinois Department shall maintain the following
15payment information on child support orders for parties
16receiving child support enforcement services under this
17Article 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

 

 

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1    Code.
2    (d) The Illinois Department shall establish, update,
3maintain, and monitor case records in the Registry of parties
4receiving child support enforcement services under this
5Article 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
15Case Registry to share and compare information with, and
16receive information from, other data bases and information
17comparison services in order to obtain (or provide) information
18necessary to enable the Illinois Department (or the federal
19Department of Health and Human Services or other State or
20federal agencies) to carry out the requirements of the child
21support enforcement program established under Title IV, Part D
22of the Social Security Act. Such information comparison
23activities 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

 

 

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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
21safeguards, applicable to all confidential information
22included in the State Case Registry, that are designed to
23protect the privacy rights of persons concerning whom
24information is on record in the State Case Registry. Such
25safeguards shall include, but not be limited to the following:
26        (1) Prohibitions against the release of information on

 

 

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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
21the Department of Healthcare and Family Services information
22that may be necessary for the enforcement of child support
23orders entered pursuant to Sections 10-10 and 10-11 of this
24Code or pursuant to the Illinois Marriage and Dissolution of
25Marriage Act, the Non-Support of Spouse and Children Act, the

 

 

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1Non-Support Punishment Act, the Revised Uniform Reciprocal
2Enforcement of Support Act, the Uniform Interstate Family
3Support Act, or the Illinois Parentage Act of 1984, or the
4Illinois Parentage Act of 2013.
5    (b) Notwithstanding any provisions in this Code to the
6contrary, the Department of Human Services shall not be liable
7to any person for any disclosure of information to the
8Department of Healthcare and Family Services (formerly
9Illinois Department of Public Aid) under subsection (a) or for
10any other action taken in good faith to comply with the
11requirements of subsection (a).
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    Section 957. The Genetic Information Privacy Act is amended
14by changing Sections 22 and 30 as follows:
 
15    (410 ILCS 513/22)
16    Sec. 22. Tests to determine inherited characteristics in
17paternity proceedings. Nothing in this Act shall be construed
18to affect or restrict in any way the ordering of or use of
19results from deoxyribonucleic acid (DNA) testing or other tests
20to determine inherited characteristics by the court in a
21judicial proceeding under the Illinois Parentage Act of 1984 or
22under the Illinois Parentage Act of 2013 on and after the
23effective date of that Act or by the Department of Healthcare
24and Family Services in an administrative paternity proceeding

 

 

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1under Article X of the Illinois Public Aid Code and rules
2promulgated 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
7identity of any person upon whom a genetic test is performed or
8the results of a genetic test in a manner that permits
9identification of the subject of the test, except to the
10following 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.

 

 

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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,

 

 

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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;

 

 

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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
8know the information, and no additional disclosures may be
9made.
10    (b) Disclosure by an insurer in accordance with the
11requirements of the Article XL of the Illinois Insurance Code
12shall 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
15Sections 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
19registered with the local or subregistrar of the district in
20which the birth occurred as provided in this Section, within 7
21days after the birth. When a birth occurs on a moving
22conveyance, the city, village, township, or road district in
23which the child is first removed from the conveyance shall be
24considered the place of birth and a birth certificate shall be

 

 

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1filed in the registration district in which the place is
2located.
3    (2) When a birth occurs in an institution, the person in
4charge of the institution or his designated representative
5shall obtain and record all the personal and statistical
6particulars relative to the parents of the child that are
7required to properly complete the live birth certificate; shall
8secure the required personal signatures on the hospital
9worksheet; shall prepare the certificate from this worksheet;
10and shall file the certificate with the local registrar. The
11institution shall retain the hospital worksheet permanently or
12as otherwise specified by rule. The physician in attendance
13shall verify or provide the date of birth and medical
14information required by the certificate, within 24 hours after
15the birth occurs.
16    (3) When a birth occurs outside an institution, the
17certificate shall be prepared and filed by one of the following
18in 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

 

 

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1was not married to the father of the child at either the time
2of conception or the time of birth, the name of the father
3shall be entered on the child's birth certificate only if the
4mother and the person to be named as the father have signed an
5acknowledgment of parentage in accordance with subsection (5).
6    Unless otherwise provided in this Act, if the mother was
7married at the time of conception or birth and the presumed
8father (that is, the mother's husband) is not the biological
9father of the child, the name of the biological father shall be
10entered on the child's birth certificate only if, in accordance
11with subsection (5), (i) the mother and the person to be named
12as the father have signed an acknowledgment of parentage and
13(ii) the mother and presumed father have signed a denial of
14paternity.
15    (5) Upon the birth of a child to an unmarried woman, or
16upon the birth of a child to a woman who was married at the time
17of conception or birth and whose husband is not the biological
18father of the child, the institution at the time of birth and
19the local registrar or county clerk after the birth shall do
20the 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

 

 

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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

 

 

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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

 

 

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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
8clerk shall provide an opportunity for the child's father or
9mother to sign a rescission of parentage. The signing and
10witnessing of the rescission of parentage voids the
11acknowledgment of parentage and nullifies the presumption of
12paternity if executed and filed with the Department of
13Healthcare and Family Services (formerly Illinois Department
14of Public Aid) within the time frame contained in Section 5 of
15the Illinois Parentage Act of 1984 or Section 307 of the
16Illinois Parentage Act of 2013 on and after the effective date
17of that Act. The Department of Healthcare and Family Services
18shall furnish the rescission of parentage form to institutions,
19county clerks, and State and local registrars' offices. The
20form shall include instructions to send the original signed and
21witnessed rescission of parentage to the Department of
22Healthcare and Family Services.
23    (7) An acknowledgment of paternity signed pursuant to
24Section 6 of the Illinois Parentage Act of 1984 or Section 302
25of the Illinois Parentage Act of 2013 on and after the
26effective date of that Act may be challenged in court only on

 

 

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1the basis of fraud, duress, or material mistake of fact, with
2the burden of proof upon the challenging party. Pending outcome
3of a challenge to the acknowledgment of paternity, the legal
4responsibilities of the signatories shall remain in full force
5and effect, except upon order of the court upon a showing of
6good cause.
7    (8) When the process for acknowledgment of parentage as
8provided for under subsection (5) establishes the paternity of
9a child whose certificate of birth is on file in another state,
10the Department of Healthcare and Family Services shall forward
11a copy of the acknowledgment of parentage, the denial of
12paternity, if applicable, and the rescission of parentage, if
13applicable, to the birth record agency of the state where the
14child's certificate of birth is on file.
15    (9) In the event the parent-child relationship has been
16established in accordance with subdivision (a)(1) of Section 6
17of the Parentage Act of 1984, the names of the biological
18mother and biological father so established shall be entered on
19the child's birth certificate, and the names of the surrogate
20mother and surrogate mother's husband, if any, shall not be on
21the birth certificate.
22(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
2396-474, 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

 

 

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1insure their proper use, and to insure the efficient and proper
2administration of the vital records system, access to vital
3records, and indexes thereof, including vital records in the
4custody of local registrars and county clerks originating prior
5to January 1, 1916, is limited to the custodian and his
6employees, and then only for administrative purposes, except
7that the indexes of those records in the custody of local
8registrars and county clerks, originating prior to January 1,
91916, shall be made available to persons for the purpose of
10genealogical research. Original, photographic or
11microphotographic reproductions of original records of births
12100 years old and older and deaths 50 years old and older, and
13marriage records 75 years old and older on file in the State
14Office of Vital Records and in the custody of the county clerks
15may be made available for inspection in the Illinois State
16Archives reference area, Illinois Regional Archives
17Depositories, and other libraries approved by the Illinois
18State Registrar and the Director of the Illinois State
19Archives, provided that the photographic or microphotographic
20copies are made at no cost to the county or to the State of
21Illinois. It is unlawful for any custodian to permit inspection
22of, or to disclose information contained in, vital records, or
23to copy or permit to be copied, all or part of any such record
24except as authorized by this Act or regulations adopted
25pursuant thereto.
26    (2) The State Registrar of Vital Records, or his agent, and

 

 

HB1243- 137 -LRB098 03015 HEP 33030 b

1any municipal, county, multi-county, public health district,
2or regional health officer recognized by the Department may
3examine vital records for the purpose only of carrying out the
4public health programs and responsibilities under his
5jurisdiction.
6    (3) The State Registrar of Vital Records, may disclose, or
7authorize the disclosure of, data contained in the vital
8records when deemed essential for bona fide research purposes
9which are not for private gain.
10    This amendatory Act of 1973 does not apply to any home rule
11unit.
12    (4) The State Registrar shall exchange with the Department
13of Healthcare and Family Services information that may be
14necessary for the establishment of paternity and the
15establishment, modification, and enforcement of child support
16orders entered pursuant to the Illinois Public Aid Code, the
17Illinois Marriage and Dissolution of Marriage Act, the
18Non-Support of Spouse and Children Act, the Non-Support
19Punishment Act, the Revised Uniform Reciprocal Enforcement of
20Support Act, the Uniform Interstate Family Support Act, or the
21Illinois Parentage Act of 1984, or the Illinois Parentage Act
22of 2013. Notwithstanding any provisions in this Act to the
23contrary, the State Registrar shall not be liable to any person
24for any disclosure of information to the Department of
25Healthcare and Family Services (formerly Illinois Department
26of Public Aid) under this subsection or for any other action

 

 

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1taken in good faith to comply with the requirements of this
2subsection.
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    Section 959. The Illinois Vehicle Code is amended by
5changing 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
9the Department of Healthcare and Family Services which may be
10necessary for the establishment of paternity and the
11establishment, modification, and enforcement of child support
12orders pursuant to the Illinois Public Aid Code, the Illinois
13Marriage and Dissolution of Marriage Act, the Non-Support of
14Spouse and Children Act, the Non-Support Punishment Act, the
15Revised Uniform Reciprocal Enforcement of Support Act, the
16Uniform Interstate Family Support Act, or the Illinois
17Parentage Act of 1984, or the Illinois Parentage Act of 2013.
18    (b) Notwithstanding any provisions in this Code to the
19contrary, the Secretary of State shall not be liable to any
20person for any disclosure of information to the Department of
21Healthcare and Family Services (formerly Illinois Department
22of Public Aid) under subsection (a) or for any other action
23taken in good faith to comply with the requirements of
24subsection (a).

 

 

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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
4support or orders concerning driving privileges.
5    (a) The clerk of the circuit court, as provided in
6subsection (b) of Section 505 of the Illinois Marriage and
7Dissolution of Marriage Act or as provided in Section 15 of the
8Illinois Parentage Act of 2013 1984, shall forward to the
9Secretary of State, on a form prescribed by the Secretary, an
10authenticated document certifying the court's order suspending
11the driving privileges of the obligor. For any such
12certification, the clerk of the court shall charge the obligor
13a fee of $5 as provided in the Clerks of Courts Act.
14    (b) If an obligor has been adjudicated in arrears in court
15ordered child support payments in an amount equal to 90 days
16obligation or more but has not been held in contempt of court,
17the circuit court may order that the obligor's driving
18privileges be suspended. If the circuit court orders that the
19obligor's driving privileges be suspended, it shall forward to
20the Secretary of State, on a form prescribed by the Secretary,
21an authenticated document certifying the court's order
22suspending the driving privileges of the obligor. The
23authenticated document shall be forwarded to the Secretary of
24State by the court no later than 45 days after entry of the
25order suspending the obligor's driving privileges.

 

 

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1    (c) The clerk of the circuit court, as provided in
2subsection (c-1) of Section 607.1 of the Illinois Marriage and
3Dissolution of Marriage Act, shall forward to the Secretary of
4State, on a form prescribed by the Secretary, an authenticated
5document certifying the court's order suspending the driving
6privileges of the party. For any such certification, the clerk
7of the court shall charge the party a fee of $5 as provided in
8the Clerks of Courts Act.
9    (d) If a party has been adjudicated to have engaged in
10visitation abuse, the circuit court may order that the party's
11driving privileges be suspended. If the circuit court orders
12that the party's driving privileges be suspended, it shall
13forward to the Secretary of State, on a form prescribed by the
14Secretary, an authenticated document certifying the court's
15order suspending the driving privileges of the party. The
16authenticated document shall be forwarded to the Secretary of
17State by the court no later than 45 days after entry of the
18order 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
21changing 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
24all counties having a population of not more than 500,000

 

 

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1inhabitants in the instances described in this Section shall be
2as provided in this Section. In those instances where a minimum
3and maximum fee is stated, the clerk of the circuit court must
4charge the minimum fee listed and may charge up to the maximum
5fee if the county board has by resolution increased the fee.
6The 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.

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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).

 

 

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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

 

 

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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

 

 

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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,

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.)
 

 

 

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1    Section 961. The Juvenile Court Act of 1987 is amended by
2changing 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
5context otherwise requires, have the following meanings
6ascribed to them:
7    (1) "Adjudicatory hearing" means a hearing to determine
8whether the allegations of a petition under Section 2-13, 3-15
9or 4-12 that a minor under 18 years of age is abused, neglected
10or dependent, or requires authoritative intervention, or
11addicted, respectively, are supported by a preponderance of the
12evidence or whether the allegations of a petition under Section
135-520 that a minor is delinquent are proved beyond a reasonable
14doubt.
15    (2) "Adult" means a person 21 years of age or older.
16    (3) "Agency" means a public or private child care facility
17legally authorized or licensed by this State for placement or
18institutional care or for both placement and institutional
19care.
20    (4) "Association" means any organization, public or
21private, engaged in welfare functions which include services to
22or on behalf of children but does not include "agency" as
23herein defined.
24    (4.05) Whenever a "best interest" determination is
25required, the following factors shall be considered in the

 

 

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1context 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

 

 

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1    for the child.
2    (4.1) "Chronic truant" shall have the definition ascribed
3to it in Section 26-2a of the School Code.
4    (5) "Court" means the circuit court in a session or
5division assigned to hear proceedings under this Act.
6    (6) "Dispositional hearing" means a hearing to determine
7whether a minor should be adjudged to be a ward of the court,
8and to determine what order of disposition should be made in
9respect to a minor adjudged to be a ward of the court.
10    (7) "Emancipated minor" means any minor 16 years of age or
11over who has been completely or partially emancipated under the
12Emancipation of Minors Act or under this Act.
13    (8) "Guardianship of the person" of a minor means the duty
14and authority to act in the best interests of the minor,
15subject to residual parental rights and responsibilities, to
16make important decisions in matters having a permanent effect
17on the life and development of the minor and to be concerned
18with his or her general welfare. It includes but is not
19necessarily 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

 

 

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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
9order of court in the best interests of the minor which imposes
10on the custodian the responsibility of physical possession of a
11minor and the duty to protect, train and discipline him and to
12provide him with food, shelter, education and ordinary medical
13care, except as these are limited by residual parental rights
14and responsibilities and the rights and responsibilities of the
15guardian of the person, if any.
16    (9.1) "Mentally capable adult relative" means a person 21
17years of age or older who is not suffering from a mental
18illness that prevents him or her from providing the care
19necessary to safeguard the physical safety and welfare of a
20minor who is left in that person's care by the parent or
21parents or other person responsible for the minor's welfare.
22    (10) "Minor" means a person under the age of 21 years
23subject to this Act.
24    (11) "Parent" means the father or mother of a child and
25includes any adoptive parent. It also includes a man (i) whose
26paternity is presumed or has been established under the law of

 

 

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1this or another jurisdiction or (ii) who has registered with
2the Putative Father Registry in accordance with Section 12.1 of
3the Adoption Act and whose paternity has not been ruled out
4under the law of this or another jurisdiction. It does not
5include a parent whose rights in respect to the minor have been
6terminated in any manner provided by law. It does not include a
7person who has been or could be determined to be a parent under
8the Illinois Parentage Act of 1984 or the Illinois Parentage
9Act of 2013, or similar parentage law in any other state, if
10that person has been convicted of or pled nolo contendere to a
11crime that resulted in the conception of the child under
12Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
1312-14.1, subsection (a) or (b) (but not subsection (c)) of
14Section 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
16Criminal Code of 1961 or similar statute in another
17jurisdiction unless upon motion of any party, other than the
18offender, to the juvenile court proceedings the court finds it
19is in the child's best interest to deem the offender a parent
20for purposes of the juvenile court proceedings.
21    (11.1) "Permanency goal" means a goal set by the court as
22defined in subdivision (2) of Section 2-28.
23    (11.2) "Permanency hearing" means a hearing to set the
24permanency goal and to review and determine (i) the
25appropriateness of the services contained in the plan and
26whether those services have been provided, (ii) whether

 

 

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1reasonable efforts have been made by all the parties to the
2service plan to achieve the goal, and (iii) whether the plan
3and goal have been achieved.
4    (12) "Petition" means the petition provided for in Section
52-13, 3-15, 4-12 or 5-520, including any supplemental petitions
6thereunder in Section 3-15, 4-12 or 5-520.
7    (12.1) "Physically capable adult relative" means a person
821 years of age or older who does not have a severe physical
9disability or medical condition, or is not suffering from
10alcoholism or drug addiction, that prevents him or her from
11providing the care necessary to safeguard the physical safety
12and welfare of a minor who is left in that person's care by the
13parent or parents or other person responsible for the minor's
14welfare.
15    (12.2) "Post Permanency Sibling Contact Agreement" has the
16meaning ascribed to the term in Section 7.4 of the Children and
17Family Services Act.
18    (13) "Residual parental rights and responsibilities" means
19those rights and responsibilities remaining with the parent
20after the transfer of legal custody or guardianship of the
21person, including, but not necessarily limited to, the right to
22reasonable visitation (which may be limited by the court in the
23best interests of the minor as provided in subsection (8)(b) of
24this Section), the right to consent to adoption, the right to
25determine the minor's religious affiliation, and the
26responsibility for his support.

 

 

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1    (14) "Shelter" means the temporary care of a minor in
2physically unrestricting facilities pending court disposition
3or execution of court order for placement.
4    (14.1) "Sibling Contact Support Plan" has the meaning
5ascribed to the term in Section 7.4 of the Children and Family
6Services Act.
7    (15) "Station adjustment" means the informal handling of an
8alleged offender by a juvenile police officer.
9    (16) "Ward of the court" means a minor who is so adjudged
10under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
11requisite jurisdictional facts, and thus is subject to the
12dispositional powers of the court under this Act.
13    (17) "Juvenile police officer" means a sworn police officer
14who has completed a Basic Recruit Training Course, has been
15assigned to the position of juvenile police officer by his or
16her chief law enforcement officer and has completed the
17necessary juvenile officers training as prescribed by the
18Illinois Law Enforcement Training Standards Board, or in the
19case of a State police officer, juvenile officer training
20approved by the Director of the Department of State Police.
21    (18) "Secure child care facility" means any child care
22facility licensed by the Department of Children and Family
23Services to provide secure living arrangements for children
24under 18 years of age who are subject to placement in
25facilities under the Children and Family Services Act and who
26are not subject to placement in facilities for whom standards

 

 

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1are established by the Department of Corrections under Section
23-15-2 of the Unified Code of Corrections. "Secure child care
3facility" also means a facility that is designed and operated
4to ensure that all entrances and exits from the facility, a
5building, or a distinct part of the building are under the
6exclusive control of the staff of the facility, whether or not
7the child has the freedom of movement within the perimeter of
8the facility, building, or distinct part of the building.
9(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11;
1097-1076, 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
14Act, other than cases involving those exceptions to the
15definition of parent set out in item (11) in Section 1-3, then
16the Illinois Parentage Act of 2013 1984 shall apply and the
17court shall enter orders consistent with that Act. If it
18appears at any hearing that a parent or any other person named
19in the petition, liable under the law for the support of the
20minor, is able to contribute to his or her support, the court
21shall enter an order requiring that parent or other person to
22pay the clerk of the court, or to the guardian or custodian
23appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
24reasonable sum from time to time for the care, support and
25necessary special care or treatment, of the minor. If the court

 

 

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1determines at any hearing that a parent or any other person
2named in the petition, liable under the law for the support of
3the minor, is able to contribute to help defray the costs
4associated with the minor's detention in a county or regional
5detention center, the court shall enter an order requiring that
6parent or other person to pay the clerk of the court a
7reasonable sum for the care and support of the minor. The court
8may require reasonable security for the payments. Upon failure
9to pay, the court may enforce obedience to the order by a
10proceeding as for contempt of court.
11    If it appears that the person liable for the support of the
12minor is able to contribute to legal fees for representation of
13the minor, the court shall enter an order requiring that person
14to pay a reasonable sum for the representation, to the attorney
15providing the representation or to the clerk of the court for
16deposit in the appropriate account or fund. The sum may be paid
17as the court directs, and the payment thereof secured and
18enforced as provided in this Section for support.
19    If it appears at the detention or shelter care hearing of a
20minor before the court under Section 5-501 that a parent or any
21other person liable for support of the minor is able to
22contribute to his or her support, that parent or other person
23shall be required to pay a fee for room and board at a rate not
24to exceed $10 per day established, with the concurrence of the
25chief judge of the judicial circuit, by the county board of the
26county in which the minor is detained unless the court

 

 

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1determines that it is in the best interest and welfare of the
2minor to waive the fee. The concurrence of the chief judge
3shall be in the form of an administrative order. Each week, on
4a day designated by the clerk of the circuit court, that parent
5or other person shall pay the clerk for the minor's room and
6board. All fees for room and board collected by the circuit
7court clerk shall be disbursed into the separate county fund
8under Section 6-7.
9    Upon application, the court shall waive liability for
10support or legal fees under this Section if the parent or other
11person establishes that he or she is indigent and unable to pay
12the incurred liability, and the court may reduce or waive
13liability if the parent or other person establishes
14circumstances showing that full payment of support or legal
15fees would result in financial hardship to the person or his or
16her family.
17    (2) When a person so ordered to pay for the care and
18support of a minor is employed for wages, salary or commission,
19the court may order him to make the support payments for which
20he is liable under this Act out of his wages, salary or
21commission and to assign so much thereof as will pay the
22support. The court may also order him to make discovery to the
23court as to his place of employment and the amounts earned by
24him. Upon his failure to obey the orders of court he may be
25punished as for contempt of court.
26    (3) If the minor is a recipient of public aid under the

 

 

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1Illinois Public Aid Code, the court shall order that payments
2made by a parent or through assignment of his wages, salary or
3commission be made directly to (a) the Department of Healthcare
4and Family Services if the minor is a recipient of aid under
5Article V of the Code, (b) the Department of Human Services if
6the minor is a recipient of aid under Article IV of the Code,
7or (c) the local governmental unit responsible for the support
8of the minor if he is a recipient under Articles VI or VII of
9the Code. The order shall permit the Department of Healthcare
10and Family Services, the Department of Human Services, or the
11local governmental unit, as the case may be, to direct that
12subsequent payments be made directly to the guardian or
13custodian of the minor, or to some other person or agency in
14the minor's behalf, upon removal of the minor from the public
15aid rolls; and upon such direction and removal of the minor
16from the public aid rolls, the Department of Healthcare and
17Family Services, Department of Human Services, or local
18governmental unit, as the case requires, shall give written
19notice of such action to the court. Payments received by the
20Department of Healthcare and Family Services, Department of
21Human Services, or local governmental unit are to be covered,
22respectively, into the General Revenue Fund of the State
23Treasury or General Assistance Fund of the governmental unit,
24as provided in Section 10-19 of the Illinois Public Aid Code.
25(Source: P.A. 97-568, eff. 8-25-11.)
 

 

 

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1    Section 962. The Code of Criminal Procedure of 1963 is
2amended 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
6has been abused by a family or household member, as defined in
7this Article, an order of protection prohibiting such abuse
8shall issue; provided that petitioner must also satisfy the
9requirements of one of the following Sections, as appropriate:
10Section 112A-17 on emergency orders, Section 112A-18 on interim
11orders, or Section 112A-19 on plenary orders. Petitioner shall
12not be denied an order of protection because petitioner or
13respondent is a minor. The court, when determining whether or
14not to issue an order of protection, shall not require physical
15manifestations of abuse on the person of the victim.
16Modification and extension of prior orders of protection shall
17be in accordance with this Article.
18    (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as appropriate:
21Section 112A-17 on emergency orders, Section 112A-18 on interim
22orders, and Section 112A-19 on plenary orders. The remedies
23listed in this subsection shall be in addition to other civil
24or criminal remedies available to petitioner.
25        (1) Prohibition of abuse. Prohibit respondent's

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
25the balance of hardships does not support the granting of a
26remedy governed by paragraph (2), (3), (10), (11), or (16) of

 

 

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1subsection (b) of this Section, which may require such
2balancing, the court's findings shall so indicate and shall
3include a finding as to whether granting the remedy will result
4in hardship to respondent that would substantially outweigh the
5hardship to petitioner from denial of the remedy. The findings
6shall be an official record or in writing.
7    (e) Denial of remedies. Denial of any remedy shall not be
8based, 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.

 

 

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1(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
297-158, eff. 1-1-12; 97-1131, eff. 1-1-13.)
 
3    Section 963. The Unified Code of Corrections is amended by
4changing Section 3-5-4 as follows:
 
5    (730 ILCS 5/3-5-4)
6    Sec. 3-5-4. Exchange of information for child support
7enforcement.
8    (a) The Department shall exchange with the Department of
9Healthcare and Family Services information that may be
10necessary for the enforcement of child support orders entered
11pursuant to the Illinois Public Aid Code, the Illinois Marriage
12and Dissolution of Marriage Act, the Non-Support of Spouse and
13Children Act, the Non-Support Punishment Act, the Revised
14Uniform Reciprocal Enforcement of Support Act, the Uniform
15Interstate Family Support Act, or the Illinois Parentage Act of
161984, or the Illinois Parentage Act of 2013.
17    (b) Notwithstanding any provisions in this Code to the
18contrary, the Department shall not be liable to any person for
19any disclosure of information to the Department of Healthcare
20and Family Services (formerly Illinois Department of Public
21Aid) under subsection (a) or for any other action taken in good
22faith to comply with the requirements of subsection (a).
23(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1    Section 964. The Code of Civil Procedure is amended by
2changing 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
6this State, who in person or through an agent does any of the
7acts hereinafter enumerated, thereby submits such person, and,
8if an individual, his or her personal representative, to the
9jurisdiction of the courts of this State as to any cause of
10action 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

 

 

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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
26within or without this State against any person who:

 

 

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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
11shall have personal jurisdiction over any person who obtains a
12judgment in a defamation proceeding outside the United States
13against any person who is a resident of Illinois or, if not a
14natural person, has its principal place of business in
15Illinois, for the purposes of rendering declaratory relief with
16respect to that resident's liability for the judgment, or for
17the purpose of determining whether said judgment should be
18deemed non-recognizable pursuant to this Code, to the fullest
19extent 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

 

 

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1persons who obtained judgments in defamation proceedings
2outside the United States prior to, on, or after the effective
3date of this amendatory Act of the 95th General Assembly.
4    (c) A court may also exercise jurisdiction on any other
5basis now or hereafter permitted by the Illinois Constitution
6and the Constitution of the United States.
7    (d) Service of process upon any person who is subject to
8the jurisdiction of the courts of this State, as provided in
9this Section, may be made by personally serving the summons
10upon the defendant outside this State, as provided in this Act,
11with the same force and effect as though summons had been
12personally served within this State.
13    (e) Service of process upon any person who resides or whose
14business address is outside the United States and who is
15subject to the jurisdiction of the courts of this State, as
16provided in this Section, in any action based upon product
17liability may be made by serving a copy of the summons with a
18copy of the complaint attached upon the Secretary of State. The
19summons shall be accompanied by a $5 fee payable to the
20Secretary of State. The plaintiff shall forthwith mail a copy
21of the summons, upon which the date of service upon the
22Secretary is clearly shown, together with a copy of the
23complaint to the defendant at his or her last known place of
24residence or business address. Plaintiff shall file with the
25circuit clerk an affidavit of the plaintiff or his or her
26attorney stating the last known place of residence or the last

 

 

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1known business address of the defendant and a certificate of
2mailing a copy of the summons and complaint to the defendant at
3such address as required by this subsection (e). The
4certificate of mailing shall be prima facie evidence that the
5plaintiff or his or her attorney mailed a copy of the summons
6and complaint to the defendant as required. Service of the
7summons shall be deemed to have been made upon the defendant on
8the date it is served upon the Secretary and shall have the
9same force and effect as though summons had been personally
10served upon the defendant within this State.
11    (f) Only causes of action arising from acts enumerated
12herein may be asserted against a defendant in an action in
13which jurisdiction over him or her is based upon subsection
14(a).
15    (g) Nothing herein contained limits or affects the right to
16serve any process in any other manner now or hereafter provided
17by 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
22from the entry thereof, may be had upon petition as provided in
23this Section. Writs of error coram nobis and coram vobis, bills
24of review and bills in the nature of bills of review are
25abolished. All relief heretofore obtainable and the grounds for

 

 

HB1243- 192 -LRB098 03015 HEP 33030 b

1such relief heretofore available, whether by any of the
2foregoing remedies or otherwise, shall be available in every
3case, by proceedings hereunder, regardless of the nature of the
4order or judgment from which relief is sought or of the
5proceedings in which it was entered. Except as provided in
6Section 6 of the Illinois Parentage Act of 2013 1984, there
7shall be no distinction between actions and other proceedings,
8statutory or otherwise, as to availability of relief, grounds
9for relief or the relief obtainable.
10    (b) The petition must be filed in the same proceeding in
11which the order or judgment was entered but is not a
12continuation thereof. The petition must be supported by
13affidavit or other appropriate showing as to matters not of
14record. All parties to the petition shall be notified as
15provided by rule.
16    (c) Except as provided in Section 20b of the Adoption Act
17and Section 2-32 of the Juvenile Court Act of 1987 or in a
18petition based upon Section 116-3 of the Code of Criminal
19Procedure of 1963, the petition must be filed not later than 2
20years after the entry of the order or judgment. Time during
21which the person seeking relief is under legal disability or
22duress or the ground for relief is fraudulently concealed shall
23be excluded in computing the period of 2 years.
24    (d) The filing of a petition under this Section does not
25affect the order or judgment, or suspend its operation.
26    (e) Unless lack of jurisdiction affirmatively appears from

 

 

HB1243- 193 -LRB098 03015 HEP 33030 b

1the record proper, the vacation or modification of an order or
2judgment pursuant to the provisions of this Section does not
3affect the right, title or interest in or to any real or
4personal property of any person, not a party to the original
5action, acquired for value after the entry of the order or
6judgment but before the filing of the petition, nor affect any
7right of any person not a party to the original action under
8any certificate of sale issued before the filing of the
9petition, pursuant to a sale based on the order or judgment.
10    (f) Nothing contained in this Section affects any existing
11right to relief from a void order or judgment, or to employ any
12existing 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,
16tenements, real estate, goods and chattels (except such as is
17by law declared to be exempt) of every person against whom any
18judgment has been or shall be hereafter entered in any court,
19for any debt, damages, costs, or other sum of money, shall be
20liable to be sold upon such judgment. Any real property, any
21beneficial interest in a land trust, or any interest in real
22property held in a revocable inter vivos trust or revocable
23inter vivos trusts created for estate planning purposes, held
24in tenancy by the entirety shall not be liable to be sold upon
25judgment entered on or after October 1, 1990 against only one

 

 

HB1243- 194 -LRB098 03015 HEP 33030 b

1of the tenants, except if the property was transferred into
2tenancy by the entirety with the sole intent to avoid the
3payment of debts existing at the time of the transfer beyond
4the transferor's ability to pay those debts as they become due.
5However, any income from such property shall be subject to
6garnishment as provided in Part 7 of this Article XII, whether
7judgment has been entered against one or both of the tenants.
8    If the court authorizes the piercing of the ownership veil
9pursuant to Section 505 of the Illinois Marriage and
10Dissolution of Marriage Act or Section 805 15 of the Illinois
11Parentage Act of 2013 1984, any assets determined to be those
12of the non-custodial parent, although not held in name of the
13non-custodial parent, shall be subject to attachment or other
14provisional remedy in accordance with the procedure prescribed
15by this Code. The court may not authorize attachment of
16property or any other provisional remedy under this paragraph
17unless it has obtained jurisdiction over the entity holding
18title to the property by proper service on that entity. With
19respect to assets which are real property, no order entered as
20described in this paragraph shall affect the rights of bona
21fide purchasers, mortgagees, judgment creditors, or other lien
22holders who acquire their interests in the property prior to
23the time a notice of lis pendens pursuant to this Code or a
24copy of the order is placed of record in the office of the
25recorder of deeds for the county in which the real property is
26located.

 

 

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1    This amendatory Act of 1995 (P.A. 89-438) is declarative of
2existing law.
3    This amendatory Act of 1997 (P.A. 90-514) is intended as a
4clarification 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
8provisions of this Part 8 of Article XII of this Act do not
9apply to orders for withholding of income entered by the court
10under provisions of The Illinois Public Aid Code, the Illinois
11Marriage and Dissolution of Marriage Act, the Non-Support of
12Spouse and Children Act, the Non-Support Punishment Act, the
13Revised Uniform Reciprocal Enforcement of Support Act, the
14Illinois Parentage Act of 1984, and the Illinois Parentage Act
15of 2013 and the Paternity Act for support of a child or
16maintenance of a spouse.
17(Source: P.A. 91-613, eff. 10-1-99.)
 
18    Section 965. The Illinois Wage Assignment Act is amended by
19changing 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
22for withholding of income entered by the court under provisions
23of The Illinois Public Aid Code, the Illinois Marriage and

 

 

HB1243- 196 -LRB098 03015 HEP 33030 b

1Dissolution of Marriage Act, the Non-Support of Spouse and
2Children Act, the Non-Support Punishment Act, the Revised
3Uniform Reciprocal Enforcement of Support Act, the Illinois
4Parentage Act of 1984, and the Illinois Parentage Act of 2013
5and the Paternity Act for support of a child or maintenance of
6a spouse.
7(Source: P.A. 91-613, eff. 10-1-99.)
 
8    Section 966. The Illinois Marriage and Dissolution of
9Marriage 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
13Income Withholding for Support Act.
14    (a) In any proceeding to enforce an order for support,
15where the obligor has failed to appear in court pursuant to
16order of court and after due notice thereof, the court may
17enter an order for the attachment of the body of the obligor.
18Notices under this Section shall be served upon the obligor by
19any means authorized under subsection (a-5) of Section 505. The
20attachment order shall fix an amount of escrow which is equal
21to a minimum of 20% of the total child support arrearage
22alleged by the obligee in sworn testimony to be due and owing.
23The attachment order shall direct the Sheriff of any county in
24Illinois to take the obligor into custody and shall set the

 

 

HB1243- 197 -LRB098 03015 HEP 33030 b

1number of days following release from custody for a hearing to
2be held at which the obligor must appear, if he is released
3under subsection (b) of this Section.
4    (b) If the obligor is taken into custody, the Sheriff shall
5take the obligor before the court which entered the attachment
6order. However, the Sheriff may release the person after he or
7she has deposited the amount of escrow ordered by the court
8pursuant to local procedures for the posting of bond. The
9Sheriff shall advise the obligor of the hearing date at which
10the obligor is required to appear.
11    (c) Any escrow deposited pursuant to this Section shall be
12transmitted to the Clerk of the Circuit Court for the county in
13which the order for attachment of the body of the obligor was
14entered. Any Clerk who receives money deposited into escrow
15pursuant to this Section shall notify the obligee, public
16office or legal counsel whose name appears on the attachment
17order of the court date at which the obligor is required to
18appear and the amount deposited into escrow. The Clerk shall
19disburse such money to the obligee only under an order from the
20court that entered the attachment order pursuant to this
21Section.
22    (d) Whenever an obligor is taken before the court by the
23Sheriff, or appears in court after the court has ordered the
24attachment 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

 

 

HB1243- 198 -LRB098 03015 HEP 33030 b

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
17notified of the court date by the Sheriff upon release from
18custody, the court shall order any monies deposited into escrow
19to be immediately released to the obligee or public office and
20shall proceed under subsection (a) of this Section by entering
21another order for the attachment of the body of the obligor.
22    (f) This Section shall apply to any order for support
23issued under the "Illinois Marriage and Dissolution of Marriage
24Act", approved September 22, 1977, as amended; the Illinois
25Parentage Act of 2013; the "Illinois Parentage Act of 1984",
26effective July 1, 1985, as amended; the "Revised Uniform

 

 

HB1243- 199 -LRB098 03015 HEP 33030 b

1Reciprocal Enforcement of Support Act", approved August 28,
21969, as amended; "The Illinois Public Aid Code", approved
3April 11, 1967, as amended; the Non-Support Punishment Act; and
4the "Non-support of Spouse and Children Act", approved June 8,
51953, as amended.
6    (g) Any escrow established pursuant to this Section for the
7purpose of providing support shall not be subject to fees
8collected by the Clerk of the Circuit Court for any other
9escrow.
10(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
1192-16, eff. 6-28-01.)
 
12    Section 967. The Non-Support Punishment Act is amended by
13changing 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
17offender under this Act, the court may order the offender to
18perform community service for not less than 30 and not more
19than 120 hours per month, if community service is available in
20the jurisdiction and is funded and approved by the county board
21of the county where the offense was committed. In addition,
22whenever any person is placed on supervision for committing an
23offense under this Act, the supervision shall be conditioned on
24the performance of the community service.

 

 

HB1243- 200 -LRB098 03015 HEP 33030 b

1    (b) In addition to any other penalties imposed against an
2offender under this Act, the court may sentence the offender to
3service in a work alternative program administered by the
4sheriff. The conditions of the program are that the offender
5obtain or retain employment and participate in a work
6alternative program administered by the sheriff during
7non-working hours. A person may not be required to participate
8in a work alternative program under this subsection if the
9person is currently participating in a work program pursuant to
10another provision of this Act, Section 10-11.1 of the Illinois
11Public Aid Code, Section 505.1 of the Illinois Marriage and
12Dissolution of Marriage Act, or Section 806 15.1 of the
13Illinois Parentage Act of 2013 1984.
14    (c) In addition to any other penalties imposed against an
15offender under this Act, the court may order, in cases where
16the offender has been in violation of this Act for 90 days or
17more, that the offender's Illinois driving privileges be
18suspended until the court determines that the offender is in
19compliance with this Act.
20    The court may determine that the offender is in compliance
21with this Act if the offender has agreed (i) to pay all
22required amounts of support and maintenance as determined by
23the court or (ii) to the garnishment of his or her income for
24the purpose of paying those amounts.
25    The court may also order that the offender be issued a
26family financial responsibility driving permit that would

 

 

HB1243- 201 -LRB098 03015 HEP 33030 b

1allow limited driving privileges for employment and medical
2purposes in accordance with Section 7-702.1 of the Illinois
3Vehicle Code. The clerk of the circuit court shall certify the
4order suspending the driving privileges of the offender or
5granting the issuance of a family financial responsibility
6driving permit to the Secretary of State on forms prescribed by
7the Secretary. Upon receipt of the authenticated documents, the
8Secretary of State shall suspend the offender's driving
9privileges until further order of the court and shall, if
10ordered by the court, subject to the provisions of Section
117-702.1 of the Illinois Vehicle Code, issue a family financial
12responsibility driving permit to the offender.
13    (d) If the court determines that the offender has been in
14violation of this Act for more than 60 days, the court may
15determine whether the offender has applied for or been issued a
16professional license by the Department of Professional
17Regulation or another licensing agency. If the court determines
18that the offender has applied for or been issued such a
19license, the court may certify to the Department of
20Professional Regulation or other licensing agency that the
21offender has been in violation of this Act for more than 60
22days so that the Department or other agency may take
23appropriate steps with respect to the license or application as
24provided in Section 10-65 of the Illinois Administrative
25Procedure Act and Section 2105-15 of the Department of
26Professional Regulation Law of the Civil Administrative Code of

 

 

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1Illinois. The court may take the actions required under this
2subsection in addition to imposing any other penalty authorized
3under 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
6amended 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
10of 18, who is or is alleged to be owed a duty of support by the
11individual's parent or who is or is alleged to be the
12beneficiary of a support order directed to the parent.
13    "Child-support order" means a support order for a child,
14including a child who has attained the age of 18.
15    "Duty of support" means an obligation imposed or imposable
16by law to provide support for a child, spouse, or former spouse
17including an unsatisfied obligation to provide support.
18    "Home state" means the state in which a child lived with a
19parent or a person acting as parent for at least 6 consecutive
20months immediately preceding the time of filing of a petition
21or comparable pleading for support, and if a child is less than
226 months old, the state in which the child lived from birth
23with any of them. A period of temporary absence of any of them
24is counted as part of the 6-month or other period.

 

 

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1    "Income" includes earnings or other periodic entitlements
2to money from any source and any other property subject to
3withholding for support under the law of this State.
4    "Income-withholding order" means an order or other legal
5process directed to an obligor's employer or other debtor, as
6defined by the Illinois Marriage and Dissolution of Marriage
7Act, the Non-Support of Spouse and Children Act, the
8Non-Support Punishment Act the Illinois Public Aid Code, and
9the Illinois Parentage Act of 2013 1984, to withhold support
10from the income of the obligor.
11    "Initiating state" means a state from which a proceeding is
12forwarded or in which a proceeding is filed for forwarding to a
13responding state under this Act or a law or procedure
14substantially similar to this Act.
15    "Initiating tribunal" means the authorized tribunal in an
16initiating state.
17    "Issuing state" means the state in which a tribunal issues
18a support order or renders a judgment determining parentage.
19    "Issuing tribunal" means the tribunal that issues a support
20order 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

 

 

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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,
13estate, trust, partnership, limited liability company,
14association, joint venture, government, governmental
15subdivision, agency, instrumentality, public corporation, or
16any other legal or commercial entity.
17    "Record" means information that is inscribed on a tangible
18medium or that is stored in an electronic or other medium and
19is retrievable in perceivable form.
20    "Register" means to record a support order or judgment
21determining parentage in the appropriate Registry of Foreign
22Support Orders.
23    "Registering tribunal" means a tribunal in which a support
24order is registered.
25    "Responding state" means a state in which a proceeding is
26filed or to which a proceeding is forwarded for filing from an

 

 

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1initiating state under this Act or a law or procedure
2substantially similar to this Act.
3    "Responding tribunal" means the authorized tribunal in a
4responding state.
5    "Spousal-support order" means a support order for a spouse
6or former spouse of the obligor.
7    "State" means a state of the United States, the District of
8Columbia, Puerto Rico, the United States Virgin Islands, or any
9territory or insular possession subject to the jurisdiction of
10the 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
23agency 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;

 

 

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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
6directive, whether temporary, final, or subject to
7modification, issued by a tribunal for the benefit of a child,
8a spouse, or a former spouse, which provides for monetary
9support, health care, arrearages, or reimbursement, and may
10include related costs and fees, interest, income withholding,
11attorney's fees, and other relief.
12    "Tribunal" means a court, administrative agency, or
13quasi-judicial entity authorized to establish, enforce, or
14modify 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
17amended 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
21retained by the court in Section 8 of this Act and in
22accordance with Supreme Court rules promulgated pursuant to
23this Act, Administrative Hearing Officers shall be authorized
24to:

 

 

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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

 

 

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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

 

 

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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
13in the IV-D program or has not applied to participate in the
14IV-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
21Administrative Hearing Officer shall note this fact in the
22recommendations to the court.
23    (c) The Administrative Hearing Officer may make
24recommendations in addition to the proposed findings of fact
25and recommended order to which the parties have agreed.
26(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1    Section 970. The Income Withholding for Support Act is
2amended 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
6provides for periodic payment of funds for the support of a
7child or maintenance of a spouse, whether temporary or final,
8and 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
22obligations, including interest, as determined by the court and
23incorporated into an order for support.
24    (b-5) "Business day" means a day on which State offices are

 

 

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1open for regular business.
2    (c) "Delinquency" means any payment, including a payment of
3interest, under an order for support which becomes due and
4remains unpaid after entry of the order for support.
5    (d) "Income" means any form of periodic payment to an
6individual, regardless of source, including, but not limited
7to: wages, salary, commission, compensation as an independent
8contractor, workers' compensation, disability, annuity,
9pension, and retirement benefits, lottery prize awards,
10insurance proceeds, vacation pay, bonuses, profit-sharing
11payments, severance pay, interest, and any other payments, made
12by any person, private entity, federal or state government, any
13unit of local government, school district or any entity created
14by 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
26or the amount or percentage of income that can be withheld

 

 

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1shall not apply.
2    (e) "Obligor" means the individual who owes a duty to make
3payments under an order for support.
4    (f) "Obligee" means the individual to whom a duty of
5support 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
8or local agency which is or may become responsible by law for
9enforcement of, or which is or may become authorized to
10enforce, an order for support, including, but not limited to:
11the Attorney General, the Illinois Department of Healthcare and
12Family Services, the Illinois Department of Human Services, the
13Illinois Department of Children and Family Services, and the
14various State's Attorneys, Clerks of the Circuit Court and
15supervisors of general assistance.
16    (i) "Premium" means the dollar amount for which the obligor
17is liable to his employer or labor union or trade union and
18which must be paid to enroll or maintain a child in a health
19insurance plan that is available to the obligor through an
20employer or labor union or trade union.
21    (j) "State Disbursement Unit" means the unit established to
22collect and disburse support payments in accordance with the
23provisions of Section 10-26 of the Illinois Public Aid Code.
24    (k) "Title IV-D Agency" means the agency of this State
25charged by law with the duty to administer the child support
26enforcement program established under Title IV, Part D of the

 

 

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1Social Security Act and Article X of the Illinois Public Aid
2Code.
3    (l) "Title IV-D case" means a case in which an obligee or
4obligor is receiving child support enforcement services under
5Title IV, Part D of the Social Security Act and Article X of
6the Illinois Public Aid Code.
7    (m) "National Medical Support Notice" means the notice
8required for enforcement of orders for support providing for
9health insurance coverage of a child under Title IV, Part D of
10the Social Security Act, the Employee Retirement Income
11Security Act of 1974, and federal regulations promulgated under
12those Acts.
13    (n) "Employer" means a payor or labor union or trade union
14with an employee group health insurance plan and, for purposes
15of the National Medical Support Notice, also includes but is
16not 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,
23eff. 10-23-07.)
 
24    Section 971. The Gestational Surrogacy Act is amended by
25changing Section 35 as follows:
 

 

 

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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
41984, a parent-child relationship shall be established prior to
5the birth of a child born through gestational surrogacy if, in
6addition to satisfying the requirements of Articles 2 and 3
7Sections 5 and 6 of the Illinois Parentage Act of 2013 1984,
8the attorneys representing both the gestational surrogate and
9the intended parent or parents certify that the parties entered
10into a gestational surrogacy contract intended to satisfy the
11requirements of Section 25 of this Act with respect to the
12child.
13    (b) The attorneys' certifications required by subsection
14(a) of this Section shall be filed on forms prescribed by the
15Illinois Department of Public Health and in a manner consistent
16with the requirement of the Illinois Parentage Act of 2013
171984.
18(Source: P.A. 93-921, eff. 1-1-05.)
 
19    Section 972. The Adoption Act is amended by changing
20Sections 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
23context otherwise requires:

 

 

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1    A. "Child" means a person under legal age subject to
2adoption under this Act.
3    B. "Related child" means a child subject to adoption where
4either or both of the adopting parents stands in any of the
5following relationships to the child by blood or marriage:
6parent, grand-parent, brother, sister, step-parent,
7step-grandparent, step-brother, step-sister, uncle, aunt,
8great-uncle, great-aunt, or cousin of first degree. A child
9whose parent has executed a final irrevocable consent to
10adoption or a final irrevocable surrender for purposes of
11adoption, or whose parent has had his or her parental rights
12terminated, is not a related child to that person, unless the
13consent is determined to be void or is void pursuant to
14subsection O of Section 10.
15    C. "Agency" for the purpose of this Act means a public
16child welfare agency or a licensed child welfare agency.
17    D. "Unfit person" means any person whom the court shall
18find to be unfit to have a child, without regard to the
19likelihood that the child will be placed for adoption. The
20grounds of unfitness are any one or more of the following,
21except that a person shall not be considered an unfit person
22for the sole reason that the person has relinquished a child in
23accordance 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

 

 

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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

 

 

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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)

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
12the parties or child born out of wedlock. For the purpose of
13this Act, a person who has executed a final and irrevocable
14consent to adoption or a final and irrevocable surrender for
15purposes of adoption, or whose parental rights have been
16terminated by a court, is not a parent of the child who was the
17subject of the consent or surrender, unless the consent is void
18pursuant 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;

 

 

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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
10shall not be deemed unavailable for adoption solely by reason
11of his or her death.
12    G. The singular includes the plural and the plural includes
13the singular and the "male" includes the "female", as the
14context of this Act may require.
15    H. "Adoption disruption" occurs when an adoptive placement
16does not prove successful and it becomes necessary for the
17child to be removed from placement before the adoption is
18finalized.
19    I. "Foreign placing agency" is an agency or individual
20operating in a country or territory outside the United States
21that is authorized by its country to place children for
22adoption either directly with families in the United States or
23through United States based international agencies.
24    J. "Immediate relatives" means the biological parents, the
25parents of the biological parents and siblings of the
26biological parents.

 

 

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1    K. "Intercountry adoption" is a process by which a child
2from a country other than the United States is adopted.
3    L. "Intercountry Adoption Coordinator" is a staff person of
4the Department of Children and Family Services appointed by the
5Director to coordinate the provision of services by the public
6and private sector to prospective parents of foreign-born
7children.
8    M. "Interstate Compact on the Placement of Children" is a
9law enacted by most states for the purpose of establishing
10uniform procedures for handling the interstate placement of
11children in foster homes, adoptive homes, or other child care
12facilities.
13    N. "Non-Compact state" means a state that has not enacted
14the Interstate Compact on the Placement of Children.
15    O. "Preadoption requirements" are any conditions
16established by the laws or regulations of the Federal
17Government or of each state that must be met prior to the
18placement of a child in an adoptive home.
19    P. "Abused child" means a child whose parent or immediate
20family member, or any person responsible for the child's
21welfare, or any individual residing in the same home as the
22child, 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

 

 

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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
15person responsible for the child's welfare withholds or denies
16nourishment or medically indicated treatment including food or
17care denied solely on the basis of the present or anticipated
18mental or physical impairment as determined by a physician
19acting alone or in consultation with other physicians or
20otherwise does not provide the proper or necessary support,
21education as required by law, or medical or other remedial care
22recognized under State law as necessary for a child's
23well-being, or other care necessary for his or her well-being,
24including adequate food, clothing and shelter; or who is
25abandoned by his or her parents or other person responsible for
26the child's welfare.

 

 

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1    A child shall not be considered neglected or abused for the
2sole reason that the child's parent or other person responsible
3for his or her welfare depends upon spiritual means through
4prayer alone for the treatment or cure of disease or remedial
5care as provided under Section 4 of the Abused and Neglected
6Child Reporting Act. A child shall not be considered neglected
7or abused for the sole reason that the child's parent or other
8person responsible for the child's welfare failed to vaccinate,
9delayed vaccination, or refused vaccination for the child due
10to a waiver on religious or medical grounds as permitted by
11law.
12    R. "Putative father" means a man who may be a child's
13father, but who (1) is not married to the child's mother on or
14before the date that the child was or is to be born and (2) has
15not established paternity of the child in a court proceeding
16before the filing of a petition for the adoption of the child.
17The 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
19as a result of criminal sexual abuse or assault as defined
20under Article 12 of the Criminal Code of 1961.
21    S. "Standby adoption" means an adoption in which a parent
22consents to custody and termination of parental rights to
23become effective upon the occurrence of a future event, which
24is either the death of the parent or the request of the parent
25for the entry of a final judgment of adoption.
26    T. (Blank).

 

 

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1(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
297-1109, 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
5adoption.
6    (a) Except as hereinafter provided in this Section consents
7or surrenders shall be required in all cases, unless the person
8whose consent or surrender would otherwise be required shall be
9found 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

 

 

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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
19of a minor child, the consents of the following persons shall
20be 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

 

 

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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

 

 

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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

 

 

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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
26of a placement for adoption of a minor child by an agency, the

 

 

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1surrenders 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

 

 

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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

 

 

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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)
20and (c)(1), no showing shall be required of diligent efforts by
21a person or agency to encourage the father to perform the acts
22specified therein.
23    (e) In the case of the adoption of an adult, only the
24consent of such adult shall be required.
25(Source: P.A. 97-493, eff. 8-22-11.)
 

 

 

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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
4Court, and upon the payment of a filing fee of $10.00, by any
5interested party, including persons intending to adopt a child,
6a child welfare agency with whom the mother has placed or has
7given written notice of her intention to place a child for
8adoption, the mother of a child, or any attorney representing
9an interested party, a notice, the declaration of paternity and
10the disclaimer of paternity may be served on a putative father
11in the same manner as Summons is served in other civil
12proceedings, or, in lieu of personal service, service may be
13made 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

 

 

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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
13served on the putative father at any time after conception, and
14shall 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
17expected 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
20child for adoption.
21    As the alleged father of the child, you have certain legal
22rights with respect to the child, including the right to notice
23of the filing of proceedings instituted for the adoption of the
24child. If you wish to retain your rights with respect to the
25child, you must file with the Clerk of this Circuit Court of
26.... County, Illinois, whose address is ...., Illinois, within

 

 

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130 days after the date of receipt of this notice, the
2declaration of paternity enclosed herewith stating that you
3are, in fact, the father of the child and that you intend to
4retain your legal rights with respect to the child, or request
5to be notified of any further proceedings with respect to
6custody or adoption of the child.
7    If you do not file such a declaration of paternity, or a
8request for notice, then whatever legal rights you have with
9respect to the child, including the right to notice of any
10future proceedings for the adoption of the child, may be
11terminated without any further notice to you. When your legal
12rights with respect to the child are so terminated, you will
13not be entitled to notice of any proceeding instituted for the
14adoption of the child.
15    If you are not the father of the child, you may file with
16the Clerk of this Court the disclaimer of paternity enclosed
17herewith which will be noted in the Clerk's file and you will
18receive no further notice with respect to the child."
19    The declaration of paternity shall be substantially as
20follows:
21
"IN THE CIRCUIT COURT OF THE
22
.......... JUDICIAL CIRCUIT, ILLINOIS
23
.......... County
 
24             )  
25             )  
26             )  No.              )  

 

 

HB1243- 242 -LRB098 03015 HEP 33030 b

1             )
2
DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
3I, ........., 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
7a ...male child named ........ born or expected to be born on
8or about ......... and that such mother has stated that I am
9the 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
12consent to the adoption of this child. I do not consent to the
13adoption of this child, and I understand that I must return
14this initial declaration of parentage form to the Clerk of the
15Circuit Court of ....... County, located at ........., within
1630 days of receipt of this notice.
17    (5) I further understand that I am also obligated to
18establish my paternity pursuant to the Illinois Parentage Act
19of 2013 1984 within 30 days of my receiving this notice or, if
20the child is not yet born, within 30 days after the birth of
21the child. This proceeding is separate and distinct from the
22above mailing of initial declaration of paternity; in this
23second notice, I must state that I am, in fact, the father of
24said child, and that I intend to retain my legal rights with
25respect to said child, and request to be notified of any
26further proceedings with respect to custody or adoption of the

 

 

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1child.
2    (6) I hereby enter my appearance in the above entitled
3cause.
4
OATH
5    I have been duly sworn and I say under oath that I have
6read and understand this Declaration of Paternity With Entry of
7Appearance. The facts that it contains are true and correct to
8the best of my knowledge, and I understand that by signing this
9document I admit my paternity. I have signed this document as
10my free and voluntary act.
11
...........
12
(signature)
13Dated (insert date).
14Signed and sworn before me on (insert date).
15
................
16
(notary public)".

 
17
18    The disclaimer of paternity shall be substantially as
19follows:
20
"IN THE CIRCUIT COURT OF THE
21
.......... JUDICIAL CIRCUIT, ILLINOIS
22
.......... County
 
23             )  
24             )  
25             )  No.              )  

 

 

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1             )
2
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
3
AND CONSENT TO ADOPTION
4I, .........., 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
8of a .....male child named ..... born or expected to be born on
9or about ..... and that such mother has stated that I am the
10father 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
13wishes to consent to the adoption of the child. I hereby
14consent to the adoption of this child, and waive any rights,
15remedies and defenses that I may now or in the future have as a
16result of the mother's allegation of the paternity of this
17child. This consent is being given in order to facilitate the
18adoption of the child and so that the court may terminate what
19rights I may have to the child as a result of being named the
20father by the mother. This consent is not in any manner an
21admission of paternity.
22    (5) I hereby enter my appearance in the above entitled
23cause and waive service of summons and other pleading.
24
OATH
25    I have been duly sworn and I say under oath that I have
26read and understood this Denial of Paternity With Entry of

 

 

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1Appearance and Consent to Adoption. The facts it contains are
2true and correct to the best of my knowledge, and I understand
3that by signing this document I have not admitted paternity. I
4have signed this document as my free and voluntary act in order
5to facilitate the adoption of the child.
6
...........
7
(signature)
8Dated (insert date).
9Signed and sworn before me on (insert date).
10
.................
11
(notary public)".

 
12
13    The names of adoptive parents shall not be included in the
14notice.
15    3. If the putative father files a disclaimer of paternity,
16he shall be deemed not to be the father of the child with
17respect to any adoption or other proceeding held to terminate
18the rights of parents as respects such child.
19    4. In the event the putative father does not file a
20declaration of paternity of the child or request for notice
21within 30 days of service of the above notice, he need not be
22made a party to or given notice of any proceeding brought for
23the adoption of the child. An Order or judgment may be entered
24in such proceeding terminating all of his rights with respect
25to the child without further notice to him.

 

 

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1    5. If the putative father files a declaration of paternity
2or a request for notice in accordance with subsection 2, with
3respect to the child, he shall be given notice in event any
4proceeding is brought for the adoption of the child.
5    6. The Clerk shall maintain separate numbered files and
6records of requests and proofs of service and all other
7documents filed pursuant to this article. All such records
8shall 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
12through Section 18.6, for the purposes of the Registry:
13    "Adopted person" means a person who was adopted pursuant to
14the laws in effect at the time of the adoption.
15    "Adoptive parent" means a person who has become a parent
16through the legal process of adoption.
17    "Adult child" means the biological child 21 years of age or
18over of a deceased adopted or surrendered person.
19    "Adult Adopted or Surrendered Person" means an adopted or
20surrendered person 21 years of age or over.
21    "Agency" means a public child welfare agency or a licensed
22child welfare agency.
23    "Birth aunt" means the adult full or half sister of a
24deceased birth parent.
25    "Birth father" means the biological father of an adopted or

 

 

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1surrendered person who is named on the original certificate of
2live birth or on a consent or surrender document, or a
3biological father whose paternity has been established by a
4judgment or order of the court, pursuant to the Illinois
5Parentage Act of 1984 or the Illinois Parentage Act of 2013.
6    "Birth mother" means the biological mother of an adopted or
7surrendered person.
8    "Birth parent" means a birth mother or birth father of an
9adopted or surrendered person.
10    "Birth Parent Preference Form" means the form prepared by
11the Department of Public Health pursuant to Section 18.2
12completed by a birth parent registrant and filed with the
13Registry that indicates the birth parent's preferences
14regarding contact and, if applicable, the release of his or her
15identifying information on the non-certified copy of the
16original birth certificate released to an adult adopted or
17surrendered person or to the surviving adult child or surviving
18spouse of a deceased adopted or surrendered person who has
19filed a Request for a Non-Certified Copy of an Original Birth
20Certificate.
21    "Birth relative" means a birth mother, birth father, birth
22sibling, birth aunt, or birth uncle.
23    "Birth sibling" means the adult full or half sibling of an
24adopted or surrendered person.
25    "Birth uncle" means the adult full or half brother of a
26deceased birth parent.

 

 

HB1243- 248 -LRB098 03015 HEP 33030 b

1    "Confidential intermediary" means an individual certified
2by the Department of Children and Family Services pursuant to
3Section 18.3a(e).
4    "Denial of Information Exchange" means an affidavit
5completed by a registrant with the Illinois Adoption Registry
6and Medical Information Exchange denying the release of
7identifying information which has been filed with the Registry.
8    "Information Exchange Authorization" means an affidavit
9completed by a registrant with the Illinois Adoption Registry
10and Medical Information Exchange authorizing the release of
11identifying information which has been filed with the Registry.
12    "Medical Information Exchange Questionnaire" means the
13medical history questionnaire completed by a registrant of the
14Illinois Adoption Registry and Medical Information Exchange.
15    "Non-certified Copy of the Original Birth Certificate"
16means a non-certified copy of the original certificate of live
17birth of an adult adopted or surrendered person who was born in
18Illinois.
19    "Proof of death" means a death certificate.
20    "Registrant" or "Registered Party" means a birth parent,
21birth sibling, birth aunt, birth uncle, adopted or surrendered
22person 21 years of age or over, adoptive parent or legal
23guardian of an adopted or surrendered person under the age of
2421, or adoptive parent, surviving spouse, or adult child of a
25deceased adopted or surrendered person who has filed an
26Illinois Adoption Registry Application or Registration

 

 

HB1243- 249 -LRB098 03015 HEP 33030 b

1Identification Form with the Registry.
2    "Registry" means the Illinois Adoption Registry and
3Medical Information Exchange.
4    "Request for a Non-Certified Copy of an Original Birth
5Certificate" means an affidavit completed by an adult adopted
6or surrendered person or by the surviving adult child or
7surviving spouse of a deceased adopted or surrendered person
8and filed with the Registry requesting a non-certified copy of
9an adult adopted or surrendered person's original certificate
10of live birth in Illinois.
11    "Surrendered person" means a person whose parents' rights
12have been surrendered or terminated but who has not been
13adopted.
14    "Surviving spouse" means the wife or husband, 21 years of
15age or older, of a deceased adopted or surrendered person who
16would be 21 years of age or older if still alive and who has one
17or more surviving biological children who are under the age of
1821.
19    "18.3 Statement" means a statement regarding the
20disclosure of identifying information signed by a birth parent
21under Section 18.3 of this Act as it existed immediately prior
22to the effective date of this amendatory Act of the 96th
23General 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

 

 

HB1243- 250 -LRB098 03015 HEP 33030 b

1amended 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
5protection 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.

 

 

HB1243- 251 -LRB098 03015 HEP 33030 b

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
20be charged by the clerk for filing, amending, vacating,
21certifying, or photocopying petitions or orders; or for issuing
22alias summons; or for any related filing service. No fee shall
23be charged by the sheriff for service by the sheriff of a
24petition, rule, motion, or order in an action commenced under
25this Section.
26    (c) Dismissal and consolidation. Withdrawal or dismissal

 

 

HB1243- 252 -LRB098 03015 HEP 33030 b

1of any petition for an order of protection prior to
2adjudication where the petitioner is represented by the State
3shall operate as a dismissal without prejudice. No action for
4an order of protection shall be dismissed because the
5respondent is being prosecuted for a crime against the
6petitioner. An independent action may be consolidated with
7another civil proceeding, as provided by paragraph (2) of
8subsection (a) of this Section. For any action commenced under
9paragraph (2) or (3) of subsection (a) of this Section,
10dismissal of the conjoined case (or a finding of not guilty)
11shall not require dismissal of the action for the order of
12protection; instead, it may be treated as an independent action
13and, if necessary and appropriate, transferred to a different
14court or division. Dismissal of any conjoined case shall not
15affect the validity of any previously issued order of
16protection, and thereafter subsections (b)(1) and (b)(2) of
17Section 220 shall be inapplicable to such order.
18    (d) Pro se petitions. The court shall provide, through the
19office of the clerk of the court, simplified forms and clerical
20assistance to help with the writing and filing of a petition
21under this Section by any person not represented by counsel. In
22addition, that assistance may be provided by the state's
23attorney.
24(Source: P.A. 93-458, eff. 1-1-04.)
 
25    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)

 

 

HB1243- 253 -LRB098 03015 HEP 33030 b

1    Sec. 214. Order of protection; remedies.
2    (a) Issuance of order. If the court finds that petitioner
3has been abused by a family or household member or that
4petitioner is a high-risk adult who has been abused, neglected,
5or exploited, as defined in this Act, an order of protection
6prohibiting the abuse, neglect, or exploitation shall issue;
7provided that petitioner must also satisfy the requirements of
8one of the following Sections, as appropriate: Section 217 on
9emergency orders, Section 218 on interim orders, or Section 219
10on plenary orders. Petitioner shall not be denied an order of
11protection because petitioner or respondent is a minor. The
12court, when determining whether or not to issue an order of
13protection, shall not require physical manifestations of abuse
14on the person of the victim. Modification and extension of
15prior orders of protection shall be in accordance with this
16Act.
17    (b) Remedies and standards. The remedies to be included in
18an order of protection shall be determined in accordance with
19this Section and one of the following Sections, as appropriate:
20Section 217 on emergency orders, Section 218 on interim orders,
21and Section 219 on plenary orders. The remedies listed in this
22subsection shall be in addition to other civil or criminal
23remedies 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

 

 

HB1243- 254 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 255 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 256 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 257 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 258 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 259 -LRB098 03015 HEP 33030 b

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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

HB1243- 269 -LRB098 03015 HEP 33030 b

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,

 

 

HB1243- 270 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 271 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 272 -LRB098 03015 HEP 33030 b

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
4the balance of hardships does not support the granting of a
5remedy governed by paragraph (2), (3), (10), (11), or (16) of
6subsection (b) of this Section, which may require such
7balancing, the court's findings shall so indicate and shall
8include a finding as to whether granting the remedy will result
9in hardship to respondent that would substantially outweigh the
10hardship to petitioner from denial of the remedy. The findings
11shall be an official record or in writing.
12    (e) Denial of remedies. Denial of any remedy shall not be
13based, 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

 

 

HB1243- 273 -LRB098 03015 HEP 33030 b

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;
997-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;
1097-1131, eff. 1-1-13.)
 
11    Section 974. The Business Corporation Act of 1983 is
12amended 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
16of corporations filing an annual report for the preceding year
17in accordance with the provisions of this Act, which report
18shall state the name of the corporation and the respective
19names and addresses of the president, secretary, and registered
20agent thereof and the address of the registered office in this
21State of each such corporation. The Secretary of State shall
22furnish without charge a copy of such report to each recorder
23of this State, and to each member of the General Assembly and
24to each State agency or department requesting the same. The

 

 

HB1243- 274 -LRB098 03015 HEP 33030 b

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

 

 

HB1243- 275 -LRB098 03015 HEP 33030 b

1or State department or agency need not be renewed. However, the
2Secretary may request from time to time whether the local
3governments or State departments or agencies desire to continue
4receiving the compilation.
5    (3) The compilations of the daily list mentioned in
6paragraph (2) of subsection (b) of this Section shall be mailed
7to newspapers, or any other person not included as a recipient
8in paragraph (2) of subsection (b) of this Section, upon
9receipt of a written application signed by the applicant and
10accompanied by the payment of a fee as determined by the
11Secretary.
12    (c) If a domestic or foreign corporation has filed with the
13Secretary of State an annual report for the preceding year or
14has been newly formed or is otherwise and in any manner
15registered with the Secretary of State, the Secretary of State
16shall exchange with the Department of Healthcare and Family
17Services any information concerning that corporation that may
18be necessary for the enforcement of child support orders
19entered pursuant to the Illinois Public Aid Code, the Illinois
20Marriage and Dissolution of Marriage Act, the Non-Support of
21Spouse and Children Act, the Non-Support Punishment Act, the
22Revised Uniform Reciprocal Enforcement of Support Act, the
23Uniform Interstate Family Support Act, or the Illinois
24Parentage Act of 1984, or the Illinois Parentage Act of 2013.
25    Notwithstanding any provisions in this Act to the contrary,
26the Secretary of State shall not be liable to any person for

 

 

HB1243- 276 -LRB098 03015 HEP 33030 b

1any disclosure of information to the Department of Healthcare
2and Family Services (formerly Illinois Department of Public
3Aid) under this subsection or for any other action taken in
4good 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
7by changing Section 50-5 as follows:
 
8    (805 ILCS 180/50-5)
9    Sec. 50-5. List of limited liability companies; exchange of
10information.
11    (a) The Secretary of State may publish a list or lists of
12limited liability companies and foreign limited liability
13companies, as often, in the format, and for the fees as the
14Secretary of State may in his or her discretion provide by
15rule. The Secretary of State may disseminate information
16concerning limited liability companies and foreign limited
17liability companies by computer network in the format and for
18the fees as may be determined by rule.
19    (b) Upon written request, any list published under
20subsection (a) shall be free to each member of the General
21Assembly, to each State agency or department, and to each
22recorder in this State. An appropriate fee established by rule
23to cover the cost of producing the list shall be charged to all
24others.

 

 

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1    (c) If a domestic or foreign limited liability company has
2filed with the Secretary of State an annual report for the
3preceding year or has been newly formed or is otherwise and in
4any manner registered with the Secretary of State, the
5Secretary of State shall exchange with the Department of
6Healthcare and Family Services any information concerning that
7limited liability company that may be necessary for the
8enforcement of child support orders entered pursuant to the
9Illinois Public Aid Code, the Illinois Marriage and Dissolution
10of Marriage Act, the Non-Support of Spouse and Children Act,
11the Non-Support Punishment Act, the Revised Uniform Reciprocal
12Enforcement of Support Act, the Uniform Interstate Family
13Support Act, or the Illinois Parentage Act of 1984, or the
14Illinois Parentage Act of 2013.
15    Notwithstanding any provisions in this Act to the contrary,
16the Secretary of State shall not be liable to any person for
17any disclosure of information to the Department of Healthcare
18and Family Services (formerly Illinois Department of Public
19Aid) under this subsection or for any other action taken in
20good 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
2repealed.

 

 

HB1243- 279 -LRB098 03015 HEP 33030 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    20 ILCS 1005/1005-130was 20 ILCS 1005/43a.14
5    20 ILCS 2105/2105-15
6    20 ILCS 2505/2505-65was 20 ILCS 2505/39b12
7    55 ILCS 5/3-5036.5
8    225 ILCS 425/2.04from Ch. 111, par. 2005.1
9    305 ILCS 5/10-3.1from Ch. 23, par. 10-3.1
10    305 ILCS 5/10-16.7
11    305 ILCS 5/10-17from Ch. 23, par. 10-17
12    305 ILCS 5/10-17.7
13    305 ILCS 5/10-19from Ch. 23, par. 10-19
14    305 ILCS 5/10-25
15    305 ILCS 5/10-25.5
16    305 ILCS 5/10-27
17    305 ILCS 5/12-4.7c
18    410 ILCS 513/22
19    410 ILCS 513/30
20    410 ILCS 535/12
21    410 ILCS 535/24from Ch. 111 1/2, par. 73-24
22    625 ILCS 5/2-109.1
23    625 ILCS 5/7-703
24    705 ILCS 105/27.1afrom Ch. 25, par. 27.1a
25    705 ILCS 405/1-3from Ch. 37, par. 801-3

 

 

HB1243- 280 -LRB098 03015 HEP 33030 b

1    705 ILCS 405/6-9from Ch. 37, par. 806-9
2    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
3    730 ILCS 5/3-5-4
4    735 ILCS 5/2-209from Ch. 110, par. 2-209
5    735 ILCS 5/2-1401from Ch. 110, par. 2-1401
6    735 ILCS 5/12-112from Ch. 110, par. 12-112
7    735 ILCS 5/12-819from Ch. 110, par. 12-819
8    740 ILCS 170/11from Ch. 48, par. 39.12
9    750 ILCS 5/713from Ch. 40, par. 713
10    750 ILCS 16/50
11    750 ILCS 22/102was 750 ILCS 22/101
12    750 ILCS 25/6from Ch. 40, par. 2706
13    750 ILCS 28/15
14    750 ILCS 47/35
15    750 ILCS 50/1from Ch. 40, par. 1501
16    750 ILCS 50/8from Ch. 40, par. 1510
17    750 ILCS 50/12afrom Ch. 40, par. 1515
18    750 ILCS 50/18.06
19    750 ILCS 60/202from Ch. 40, par. 2312-2
20    750 ILCS 60/214from Ch. 40, par. 2312-14
21    805 ILCS 5/1.25from Ch. 32, par. 1.25
22    805 ILCS 180/50-5
23    750 ILCS 40/Act rep.
24    750 ILCS 45/Act rep.