98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4333

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-14.1
750 ILCS 45/4.1
750 ILCS 45/8  from Ch. 40, par. 2508

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


LRB098 18262 HEP 53393 b

 

 

A BILL FOR

 

HB4333LRB098 18262 HEP 53393 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    Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-14.1 as follows:
 
6    (305 ILCS 5/10-14.1)
7    Sec. 10-14.1. Relief from administrative orders.
8    (a) Subject to subsection (b), notwithstanding
9Notwithstanding the 30-day appeal period provided in Sections
1010-12 and 10-12.1 and the limitation on review of final
11administrative decisions contained in Section 10-14, a
12responsible relative or a person receiving child support
13enforcement services under this Article who is aggrieved by an
14administrative order entered under Section 10-11 or 10-11.1 or
15an administrative determination of paternity entered under
16Section 10-17.7 and who did not petition within the 30-day
17appeal period may petition the Illinois Department for relief
18from the administrative order or determination on the same
19grounds as are provided for relief from judgments under Section
202-1401 of the Code of Civil Procedure. The petition must be
21filed not later than 2 years after the entry of the order or
22determination by the Illinois Department. The day immediately
23subsequent to the mailing of the order or determination shall

 

 

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1be considered as the first day and the day the petition is
2received by the Illinois Department shall be considered as the
3last day in computing the 2-year period. Any period during
4which the person seeking relief is under a legal disability or
5duress or during which the grounds for relief are fraudulently
6concealed shall be excluded in computing the period of 2 years.
7    Upon receiving a petition within the 2-year period, the
8Illinois Department shall provide for a hearing to be held on
9the petition.
10    (b) Nothing in this Section shall be construed to prohibit
11an action under subsection (b) of Section 4.1 of the Illinois
12Parentage Act of 1984 to challenge an administrative
13determination of paternity entered under Section 10-17.7.
14(Source: P.A. 92-590, eff. 7-1-02.)
 
15    Section 10. The Illinois Parentage Act of 1984 is amended
16by changing Sections 4.1 and 8 as follows:
 
17    (750 ILCS 45/4.1)
18    Sec. 4.1. Administrative paternity determinations.
19    (a) Notwithstanding any other provision of this Act, the
20Department of Healthcare and Family Services may make
21administrative determinations of paternity and nonpaternity in
22accordance with Section 10-17.7 of the Illinois Public Aid
23Code. These determinations of paternity or nonpaternity shall
24have the full force and effect of judgments entered under this

 

 

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1Act.
2    (b) An administrative determination of paternity that is
3not based on a voluntary acknowledgment of paternity made in
4accordance with Section 10-17.7 of the Illinois Public Aid Code
5may be challenged in court on the basis of fraud, duress, or
6material mistake of fact, with the burden of proof upon the
7challenging party. Pending outcome of the challenge to the
8administrative determination of paternity, the legal
9responsibilities of the parties shall remain in full force and
10effect, except upon order of the court upon a showing of good
11cause. A party challenging an administrative determination of
12paternity made in accordance with Section 10-17.7 of the
13Illinois Public Aid Code must consent to and submit to
14deoxyribonucleic acid (DNA) testing, in accordance with
15Department of Healthcare and Family Services rules, in order to
16challenge paternity.
17    (c) For purposes of subsection (b), evidence that, based on
18deoxyribonucleic acid (DNA) testing, the man who has been found
19to be the father of a child under an administrative
20determination of paternity is not the natural father of the
21child constitutes a material mistake of fact.
22(Source: P.A. 95-331, eff. 8-21-07.)
 
23    (750 ILCS 45/8)  (from Ch. 40, par. 2508)
24    Sec. 8. Statute of limitations.
25    (a) (1) An action brought by or on behalf of a child, an

 

 

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1    action brought by a party alleging that he or she is the
2    child's natural parent, or an action brought by the
3    Department of Healthcare and Family Services (formerly
4    Illinois Department of Public Aid), if it is providing or
5    has provided financial support to the child or if it is
6    assisting with child support collection services, shall be
7    barred if brought later than 2 years after the child
8    reaches the age of majority; however, if the action on
9    behalf of the child is brought by a public agency, other
10    than the Department of Healthcare and Family Services
11    (formerly Illinois Department of Public Aid) if it is
12    providing or has provided financial support to the child or
13    if it is assisting with child support collection services,
14    it shall be barred 2 years after the agency has ceased to
15    provide assistance to the child.
16        (2) Failure to bring an action within 2 years shall not
17    bar any party from asserting a defense in any action to
18    declare the non-existence of the parent and child
19    relationship.
20        (3) An action to declare the non-existence of the
21    parent and child relationship brought under subsection (b)
22    of Section 7 of this Act shall be barred if brought later
23    than 2 years after the petitioner obtains knowledge of
24    relevant facts. The 2-year period for bringing an action to
25    declare the nonexistence of the parent and child
26    relationship shall not extend beyond the date on which the

 

 

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1    child reaches the age of 18 years. Failure to bring an
2    action within 2 years shall not bar any party from
3    asserting a defense in any action to declare the existence
4    of the parent and child relationship.
5        (4) An action to declare the non-existence of the
6    parent and child relationship brought under subsection
7    (b-5) of Section 7 of this Act shall be barred if brought
8    more than 6 months after the effective date of this
9    amendatory Act of 1998 or more than 2 years after the
10    petitioner obtains actual knowledge of relevant facts,
11    whichever is later. The 2-year period shall not apply to
12    periods of time where the natural mother or the child
13    refuses to submit to deoxyribonucleic acid (DNA) tests. The
14    2-year period for bringing an action to declare the
15    nonexistence of the parent and child relationship shall not
16    extend beyond the date on which the child reaches the age
17    of 18 years. Failure to bring an action within 2 years
18    shall not bar any party from asserting a defense in any
19    action to declare the existence of the parent and child
20    relationship.
21        (5) An action under subsection (b) of Section 4.1 of
22    this Act to challenge an administrative determination of
23    paternity shall be barred if brought more than 6 months
24    after the effective date of this amendatory Act of the 98th
25    General Assembly or more than 2 years after the petitioner
26    obtains actual knowledge of relevant facts, whichever is

 

 

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1    later. The 2-year period shall not apply to periods of time
2    where the natural mother or the child refuses to submit to
3    deoxyribonucleic acid (DNA) tests. The 2-year period for
4    bringing an action under subsection (b) of Section 4.1 of
5    this Act to challenge an administrative determination of
6    paternity shall not extend beyond the date on which the
7    child reaches the age of 18 years. Failure to bring an
8    action within 2 years shall not bar any party from
9    asserting a defense in any action to declare the existence
10    of the parent and child relationship.
11    (b) The time during which any party is not subject to
12service of process or is otherwise not subject to the
13jurisdiction of the courts of this State shall toll the
14aforementioned periods.
15    (c) This Act does not affect the time within which any
16rights under the Probate Act of 1975 may be asserted beyond the
17time provided by law relating to distribution and closing of
18decedent's estates or to the determination of heirship, or
19otherwise.
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.