HB4380 EngrossedLRB098 14743 HEP 49634 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 1-104.2 and 15-129 as follows:
 
6    (40 ILCS 5/1-104.2)  (from Ch. 108 1/2, par. 1-104.2)
7    Sec. 1-104.2. Beginning January 1, 1986, nonmarital
8children not conceived in lawful wedlock shall be entitled to
9the same benefits as other children, and no child's or
10survivor's benefit shall be disallowed because of the fact that
11the child was a nonmarital child born out of wedlock; however,
12in cases where the father is the employee parent, paternity
13must first be established. Paternity may be established by any
14one of the following means: (1) acknowledgment by the father,
15or (2) adjudication before or after the death of the father, or
16(3) any other means acceptable to the board of trustees of the
17pension fund or retirement system.
18(Source: P.A. 94-229, eff. 1-1-06.)
 
19    (40 ILCS 5/15-129)  (from Ch. 108 1/2, par. 15-129)
20    Sec. 15-129. Child.
21    "Child": The child of a participant or an annuitant,
22including a nonmarital child born out of wedlock, a stepchild

 

 

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1who has been such for not less than 1 year immediately
2preceding the death of the participant or annuitant, and an
3adopted child.
4(Source: P.A. 94-229, eff. 1-1-06; 95-279, eff. 1-1-08.)
 
5    Section 10. The School Code is amended by changing Section
627-9.1 as follows:
 
7    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
8    Sec. 27-9.1. Sex Education.
9    (a) In this Section:
10    "Adapt" means to modify an evidence-based program model for
11use with a particular demographic, ethnic, linguistic, or
12cultural group.
13    "Age appropriate" means suitable to particular ages or age
14groups of children and adolescents, based on the developing
15cognitive, emotional, and behavioral capacity typical for the
16age or age group.
17    "Evidence-based program" means a program for which
18systematic, empirical research or evaluation has provided
19evidence of effectiveness.
20    "Medically accurate" means verified or supported by the
21weight of research conducted in compliance with accepted
22scientific methods and published in peer-reviewed journals, if
23applicable, or comprising information recognized as accurate,
24objective, and complete.

 

 

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1    (a-5) No pupil shall be required to take or participate in
2any class or course in comprehensive sex education if his
3parent or guardian submits written objection thereto, and
4refusal to take or participate in such course or program shall
5not be reason for suspension or expulsion of such pupil. Each
6class or course in comprehensive sex education offered in any
7of grades 6 through 12 shall include instruction on both
8abstinence and contraception for the prevention of pregnancy
9and sexually transmitted diseases, including HIV/AIDS. Nothing
10in this Section prohibits instruction in sanitation, hygiene or
11traditional courses in biology.
12    (b) All public school classes that teach sex education and
13discuss sexual intercourse in grades 6 through 12 shall
14emphasize that abstinence from sexual intercourse is a
15responsible and positive decision and is the only protection
16that is 100% effective against unwanted teenage pregnancy,
17sexually transmitted diseases, and acquired immune deficiency
18syndrome (AIDS) when transmitted sexually.
19    (c) All classes that teach sex education and discuss sexual
20intercourse in grades 6 through 12 shall satisfy the following
21criteria:
22        (1) Course material and instruction shall be
23    developmentally and age appropriate, medically accurate,
24    and complete.
25        (1.5) Course material and instruction shall replicate
26    evidence-based programs or substantially incorporate

 

 

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1    elements of evidence-based programs.
2        (2) Course material and instruction shall teach honor
3    and respect for monogamous heterosexual marriage.
4        (3) Course material and instruction shall place
5    substantial emphasis on both abstinence, including
6    abstinence until marriage, and contraception for the
7    prevention of pregnancy and sexually transmitted diseases
8    among youth and shall stress that abstinence is the ensured
9    method of avoiding unintended pregnancy, sexually
10    transmitted diseases, and HIV/AIDS.
11        (4) Course material and instruction shall include a
12    discussion of the possible emotional and psychological
13    consequences of preadolescent and adolescent sexual
14    intercourse and the consequences of unwanted adolescent
15    pregnancy.
16        (5) Course material and instruction shall stress that
17    sexually transmitted diseases are serious possible hazards
18    of sexual intercourse. Pupils shall be provided with
19    statistics based on the latest medical information citing
20    the failure and success rates of condoms in preventing AIDS
21    and other sexually transmitted diseases.
22        (6) Course material and instruction shall advise
23    pupils of the laws pertaining to their financial
24    responsibility to marital and nonmarital children born in
25    and out of wedlock.
26        (7) Course material and instruction shall advise

 

 

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1    pupils of the circumstances under which it is unlawful for
2    males to have sexual relations with females under the age
3    of 18 to whom they are not married pursuant to Article 11
4    of the Criminal Code of 2012.
5        (8) Course material and instruction shall teach pupils
6    to not make unwanted physical and verbal sexual advances
7    and how to say no to unwanted sexual advances. Pupils shall
8    be taught that it is wrong to take advantage of or to
9    exploit another person. The material and instruction shall
10    also encourage youth to resist negative peer pressure.
11        (9) (Blank).
12        (10) Course material and instruction shall teach
13    pupils about the dangers associated with drug and alcohol
14    consumption during pregnancy.
15    (d) An opportunity shall be afforded to individuals,
16including parents or guardians, to examine the instructional
17materials to be used in such class or course.
18    (e) The State Board of Education shall make available
19resource materials, with the cooperation and input of the
20agency that administers grant programs consistent with
21criteria (1) and (1.5) of subsection (c) of this Section, for
22educating children regarding sex education and may take into
23consideration the curriculum on this subject developed by other
24states, as well as any other curricular materials suggested by
25education experts and other groups that work on sex education
26issues. Materials may include without limitation model sex

 

 

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1education curriculums and sexual health education programs.
2The State Board of Education shall make these resource
3materials available on its Internet website. School districts
4that do not currently provide sex education are not required to
5teach sex education. If a sex education class or course is
6offered in any of grades 6 through 12, the school district may
7choose and adapt the developmentally and age-appropriate,
8medically accurate, evidence-based, and complete sex education
9curriculum that meets the specific needs of its community.
10(Source: P.A. 97-1150, eff. 1-25-13; 98-441, eff. 1-1-14.)
 
11    Section 15. The Illinois Insurance Code is amended by
12changing Section 356i as follows:
 
13    (215 ILCS 5/356i)  (from Ch. 73, par. 968i)
14    Sec. 356i. Medical assistance; coverage of child.
15    (a) In this Section, "Medicaid" means medical assistance
16authorized under Section 1902 of the Social Security Act.
17    (b) An individual or group policy of accident and health
18insurance that is delivered or issued for delivery to any
19person in this State or renewed or amended may not contain any
20provision which limits or excludes payments of hospital or
21medical benefits coverage to or on behalf of the insured
22because the insured or any covered dependent is eligible for or
23receiving Medicaid benefits in this or any other state.
24    (c) To the extent that payment for covered expenses has

 

 

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1been made under Article V, VI, or VII of the Illinois Public
2Aid Code for health care services provided to an individual, if
3a third party has a legal liability to make payments for those
4health care services, the State is considered to have acquired
5the rights of the individual to payment.
6    (d) If a child is covered under an accident and health
7insurance policy issued to the child's noncustodial parent, the
8issuer of the policy shall do all of the following:
9        (1) Provide necessary information to the child's
10    custodial parent to enable the child to obtain benefits
11    under that coverage.
12        (2) Permit the child's custodial parent (or the
13    provider, with the custodial parent's approval) to submit
14    claims for payment for covered services without the
15    approval of the noncustodial parent.
16        (3) Make payments on claims submitted in accordance
17    with paragraph (2) directly to the custodial parent, the
18    provider of health care services, or the state Medicaid
19    agency.
20    (e) An insurer may not deny enrollment of a child under the
21accident and health insurance coverage of the child's parent on
22any of the following grounds:
23        (1) The child was a nonmarital child born out of
24    wedlock.
25        (2) The child is not claimed as a dependent on the
26    parent's federal income tax return.

 

 

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1        (3) The child does not reside with the parent or in the
2    insurer's service area.
3    (f) If a parent is required by a court or administrative
4order to provide accident and health insurance coverage for a
5child and the parent is insured under a plan that offers
6coverage for eligible dependents, the insurer, upon receiving a
7copy of the order, shall:
8        (1) Upon application, permit the parent to add to the
9    parent's coverage such a child who is otherwise eligible
10    for that coverage, without regard to any enrollment season
11    restrictions.
12        (2) Add the child to the parent's coverage upon
13    application of the child's other parent, the state agency
14    administering the Medicaid program, or the state agency
15    administering a program for enforcing child support and
16    establishing paternity under 42 U.S.C. 651 through 669 (or
17    another child support enforcement program), if the parent
18    is covered but fails to apply for coverage for the child.
19    (g) An insurer may not impose, on a state agency that has
20been assigned the rights of a covered individual who receives
21Medicaid benefits, requirements that are different from
22requirements applicable to an assignee of any other individual
23covered under the same insurance policy.
24    (h) Nothing in subsections (e) and (f) prevents an insurer
25from denying any such application if the child is not eligible
26for coverage according to the insurer's medical underwriting

 

 

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1standards.
2    (i) The insurer may not eliminate coverage of such a child
3unless the insurer is provided satisfactory written evidence of
4either of the following:
5        (1) The court or administrative order is no longer in
6    effect.
7        (2) The child is or will be covered under a comparable
8    health care plan obtained by the parent under such order
9    and that coverage is currently in effect or will take
10    effect not later than the date the prior coverage is
11    terminated.
12(Source: P.A. 89-183, eff. 1-1-96.)
 
13    Section 20. The Health Maintenance Organization Act is
14amended by changing Section 4-2 as follows:
 
15    (215 ILCS 125/4-2)  (from Ch. 111 1/2, par. 1408.2)
16    Sec. 4-2. Medical assistance; coverage of child.
17    (a) In this Section, "Medicaid" means medical assistance
18authorized under Section 1902 of the Social Security Act.
19    (b) A contract or evidence of coverage delivered, issued
20for delivery, renewed, or amended by a Health Maintenance
21Organization may not contain any provision which limits or
22excludes payments of health care services to or on behalf of
23the enrollee because the enrollee or any covered dependent is
24eligible for or is receiving Medicaid benefits in this or any

 

 

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1other state.
2    (c) To the extent that payment for covered expenses has
3been made under Article V, VI, or VII of the Illinois Public
4Aid Code for health care services provided to an individual, if
5a third party has a legal liability to make payments for those
6health care services, the State is considered to have acquired
7the rights of the individual to payment.
8    (d) If a child is covered under a health care plan of a
9Health Maintenance Organization in which the child's
10noncustodial parent is an enrollee, the Health Maintenance
11Organization shall:
12        (1) Provide necessary information to the child's
13    custodial parent to enable the child to obtain benefits
14    under that health care plan.
15        (2) Permit the child's custodial parent (or the
16    provider, with the custodial parent's approval) to submit
17    claims for payment for covered services without the
18    approval of the noncustodial parent.
19        (3) Make payments on claims submitted in accordance
20    with paragraph (2) directly to the custodial parent, the
21    provider of health care services, or the state Medicaid
22    agency.
23    (e) A Health Maintenance Organization may not deny
24enrollment of a child under the health care plan in which the
25child's parent is an enrollee on any of the following grounds:
26        (1) The child was a nonmarital child born out of

 

 

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1    wedlock.
2        (2) The child is not claimed as a dependent on the
3    parent's federal income tax return.
4        (3) The child does not reside with the parent or in the
5    service area covered by the health care plan.
6    (f) If a parent is required by a court or administrative
7order to provide coverage for a child under a health care plan
8in which the parent is enrolled, and that offers coverage for
9eligible dependents, the Health Maintenance Organization, upon
10receiving a copy of the order, shall:
11        (1) Upon application, permit the parent to enroll in
12    the health care plan a child who is otherwise eligible for
13    that coverage, without regard to any enrollment season
14    restrictions that might otherwise be applicable as to the
15    time period within which a person may enroll in the plan.
16        (2) Enroll the child in the health care plan upon
17    application of the child's other parent, the state agency
18    administering the Medicaid program, or the state agency
19    administering a program for enforcing child support and
20    establishing paternity under 42 U.S.C. 651 through 669 (or
21    another child support enforcement program), if the parent
22    is enrolled in the health care plan but fails to apply for
23    enrollment of the child.
24    (g) A Health Maintenance Organization may not impose, on a
25state agency that has been assigned the rights of an enrollee
26in a health care plan who receives Medicaid benefits,

 

 

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1requirements that are different from requirements applicable
2to an assignee of any other enrollee in that health care plan.
3    (h) Nothing in subsections (e) and (f) prevents a Health
4Maintenance Organization from denying any such application if
5the child is not eligible for coverage according to the Health
6Maintenance Organization's medical underwriting standards.
7    (i) The Health Maintenance Organization may not disenroll
8(or otherwise eliminate coverage of) the child from the health
9care plan unless the Health Maintenance Organization is
10provided satisfactory written evidence of either of the
11following:
12        (1) The court or administrative order is no longer in
13    effect.
14        (2) The child is or will be enrolled in a comparable
15    health care plan obtained by the parent under such order
16    and that enrollment is currently in effect or will take
17    effect not later than the date the prior coverage is
18    terminated.
19(Source: P.A. 89-183, eff. 1-1-96.)
 
20    Section 25. The Voluntary Health Services Plans Act is
21amended by changing Section 15.12 as follows:
 
22    (215 ILCS 165/15.12)  (from Ch. 32, par. 609.12)
23    Sec. 15.12. Medical assistance; coverage of child.
24    (a) In this Section, "Medicaid" means medical assistance

 

 

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1authorized under Section 1902 of the Social Security Act.
2    (b) A contract delivered, issued for delivery, renewed, or
3amended by a health services plan corporation may not contain
4any provision which limits or excludes payments of hospital or
5medical benefits coverage to or on behalf of the subscriber
6because the subscriber or any covered dependent is eligible for
7or receiving Medicaid benefits in this or any other state.
8    (c) To the extent that payment for covered expenses has
9been made under Article V, VI, or VII of the Illinois Public
10Aid Code for health care services provided to an individual, if
11a third party has a legal liability to make payments for those
12health care services, the State is considered to have acquired
13the rights of the individual to payment.
14    (d) If a child is covered under a voluntary health services
15plan in which the child's noncustodial parent is a beneficiary,
16the health services plan corporation shall:
17        (1) Provide necessary information to the child's
18    custodial parent to enable the child to obtain benefits
19    under that voluntary health services plan.
20        (2) Permit the child's custodial parent (or the
21    provider, with the custodial parent's approval) to submit
22    claims for payment for covered services without the
23    approval of the noncustodial parent.
24        (3) Make payments on claims submitted in accordance
25    with paragraph (2) directly to the custodial parent, the
26    provider of health care services, or the state Medicaid

 

 

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1    agency.
2    (e) A health services plan corporation may not deny
3enrollment of a child under a voluntary health services plan in
4which the child's parent is a beneficiary on any of the
5following grounds:
6        (1) The child was a nonmarital child born out of
7    wedlock.
8        (2) The child is not claimed as a dependent on the
9    parent's federal income tax return.
10        (3) The child does not reside with the parent or in the
11    area covered by the plan.
12    (f) If a parent is required by a court or administrative
13order to provide coverage for a child under a voluntary health
14services plan and has a plan which offers coverage for eligible
15dependents, the health services plan corporation, upon
16receiving a copy of the order, shall:
17        (1) Upon application, permit the parent to enroll, as a
18    subscriber to the plan, a child who is otherwise eligible
19    for that coverage, without regard to any enrollment season
20    restrictions that might otherwise be applicable as to the
21    time period within which a person may subscribe to the
22    plan.
23        (2) Enroll the child as a subscriber to the plan upon
24    application of the child's other parent, the state agency
25    administering the Medicaid program, or the state agency
26    administering a program for enforcing child support and

 

 

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1    establishing paternity under 42 U.S.C. 651 through 669 (or
2    another child support enforcement program), if the parent
3    is a beneficiary to the plan but fails to apply for
4    enrollment of the child.
5    (g) A health services plan corporation may not impose, on a
6state agency that has been assigned the rights of an individual
7who is a beneficiary to a voluntary health services plan who
8receives Medicaid benefits, requirements that are different
9from requirements applicable to an assignee of any other
10individual who is a beneficiary to that plan.
11    (h) Nothing in subsections (e) and (f) prevents a health
12services plan corporation from denying any such application if
13the child is not eligible for coverage according to the health
14services plan corporation's medical underwriting standards.
15    (i) The health services plan corporation may not disenroll
16(or otherwise eliminate coverage of) the child from the plan
17unless the corporation is provided satisfactory written
18evidence of either of the following:
19        (1) The court or administrative order is no longer in
20    effect.
21        (2) The child is or will be enrolled in a comparable
22    health care plan obtained by the parent under such order
23    and that enrollment is currently in effect or will take
24    effect not later than the date the prior coverage is
25    terminated.
26(Source: P.A. 89-183, eff. 1-1-96.)
 

 

 

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1    Section 30. The Illinois Public Aid Code is amended by
2changing Sections 10-2, 10-4, 10-6, and 11-9 as follows:
 
3    (305 ILCS 5/10-2)  (from Ch. 23, par. 10-2)
4    Sec. 10-2. Extent of Liability. A husband is liable for the
5support of his wife and a wife for the support of her husband.
6Unless the child is otherwise emancipated, the parents are
7severally liable for the support of any child under age 18, and
8for any child aged 18 who is attending high school, until that
9child graduates from high school, or attains the age of 19,
10whichever is earlier. The term "child" includes a nonmarital
11child born out of wedlock, or legally adopted child.
12    In addition to the primary obligation of support imposed
13upon responsible relatives, such relatives, if individually or
14together in any combination they have sufficient income or
15other resources to support a needy person, in whole or in part,
16shall be liable for any financial aid extended under this Code
17to a person for whose support they are responsible, including
18amounts expended for funeral and burial costs.
19(Source: P.A. 92-876, eff. 6-1-03.)
 
20    (305 ILCS 5/10-4)  (from Ch. 23, par. 10-4)
21    Sec. 10-4. Notification of Support Obligation. The
22administrative enforcement unit within the authorized area of
23its operation shall notify each responsible relative of an

 

 

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1applicant or recipient, or responsible relatives of other
2persons given access to the child support enforcement services
3of this Article, of his legal obligation to support and shall
4request such information concerning his financial status as may
5be necessary to determine whether he is financially able to
6provide such support, in whole or in part. In cases involving a
7nonmarital child born out of wedlock, the notification shall
8include a statement that the responsible relative has been
9named as the biological father of the child identified in the
10notification.
11    In the case of applicants, the notification shall be sent
12as soon as practical after the filing of the application. In
13the case of recipients, the notice shall be sent at such time
14as may be established by rule of the Illinois Department.
15    The notice shall be accompanied by the forms or
16questionnaires provided in Section 10-5. It shall inform the
17relative that he may be liable for reimbursement of any support
18furnished from public aid funds prior to determination of the
19relative's financial circumstances, as well as for future
20support. In the alternative, when support is sought on behalf
21of applicants for or recipients of financial aid under Article
22IV of this Code and other persons who are given access to the
23child support enforcement services of this Article as provided
24in Section 10-1, the notice shall inform the relative that the
25relative may be required to pay support for a period before the
26date an administrative support order is entered, as well as

 

 

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1future support.
2    Neither the mailing nor receipt of such notice shall be
3deemed a jurisdictional requirement for the subsequent
4exercise of the investigative procedures undertaken by an
5administrative enforcement unit or the entry of any order or
6determination of paternity or support or reimbursement by the
7administrative enforcement unit; except that notice shall be
8served by certified mail addressed to the responsible relative
9at his or her last known address, return receipt requested, or
10by a person who is licensed or registered as a private
11detective under the Private Detective, Private Alarm, Private
12Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a
13registered employee of a private detective agency certified
14under that Act, or in counties with a population of less than
152,000,000 by any method provided by law for service of summons,
16in cases where a determination of paternity or support by
17default is sought on behalf of applicants for or recipients of
18financial aid under Article IV of this Act and other persons
19who are given access to the child support enforcement services
20of this Article as provided in Section 10-1.
21(Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)
 
22    (305 ILCS 5/10-6)  (from Ch. 23, par. 10-6)
23    Sec. 10-6. Investigation and Determination. The
24administrative enforcement unit shall review the forms or
25questionnaires returned by each responsible relative and

 

 

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1supplement the information provided therein, where required,
2by such additional consultations with the responsible relative
3and such other investigations as may be necessary, including
4genetic testing if paternity is an issue and, applying the
5standard or guidelines and regulations established by the
6Illinois Department, shall determine whether and the extent to
7which, the responsible relative individually or together in any
8combination, are reasonably able to provide support. If the
9child is a nonmarital child was born out of wedlock and the
10case is subject to the voluntary acknowledgment of paternity or
11the administrative determination of paternity under rules
12established under Section 10-17.7, the Child and Spouse Support
13Unit of the Illinois Department shall determine the child
14support obligation under subsection (b) of Section 10-7 upon
15establishing the child's paternity. If the child's paternity
16was established by judicial or administrative process in any
17other state, the Illinois Department may use administrative
18processes contained in this Article X to establish a child
19support order.
20    In aid of its investigative authority, the Child and Spouse
21Support Unit of the Illinois Department may use the subpoena
22power as set forth in this Article.
23    The Illinois Department, by rule, may authorize the
24administrative enforcement units to conduct periodic or other
25reinvestigations and redeterminations of the financial ability
26of responsible relatives. Any redeterminations shall have the

 

 

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1effect of altering, amending, or modifying previous
2determinations and administrative orders entered pursuant to
3Sections 10-7 and 10-11. However, any redetermination which
4establishes liability for support or reimbursement, or which
5modifies the support or reimbursement liability specified in a
6prior order, shall be subject to the provisions of Section
710-12 and the administrative and judicial review procedures
8herein provided for original orders.
9(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
 
10    (305 ILCS 5/11-9)  (from Ch. 23, par. 11-9)
11    Sec. 11-9. Protection of records - Exceptions. For the
12protection of applicants and recipients, the Illinois
13Department, the county departments and local governmental
14units and their respective officers and employees are
15prohibited, except as hereinafter provided, from disclosing
16the contents of any records, files, papers and communications,
17except for purposes directly connected with the administration
18of public aid under this Code.
19    In any judicial proceeding, except a proceeding directly
20concerned with the administration of programs provided for in
21this Code, such records, files, papers and communications, and
22their contents shall be deemed privileged communications and
23shall be disclosed only upon the order of the court, where the
24court finds such to be necessary in the interest of justice.
25    The Illinois Department shall establish and enforce

 

 

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1reasonable rules and regulations governing the custody, use and
2preservation of the records, papers, files, and communications
3of the Illinois Department, the county departments and local
4governmental units receiving State or Federal funds or aid. The
5governing body of other local governmental units shall in like
6manner establish and enforce rules and regulations governing
7the same matters.
8    The contents of case files pertaining to recipients under
9Articles IV, V, and VI shall be made available without subpoena
10or formal notice to the officers of any court, to all law
11enforcing agencies, and to such other persons or agencies as
12from time to time may be authorized by any court. In
13particular, the contents of those case files shall be made
14available upon request to a law enforcement agency for the
15purpose of determining the current address of a recipient with
16respect to whom an arrest warrant is outstanding, and the
17current address of a recipient who was a victim of a felony or
18a witness to a felony shall be made available upon request to a
19State's Attorney of this State or a State's Attorney's
20investigator. Information shall also be disclosed to the
21Illinois State Scholarship Commission pursuant to an
22investigation or audit by the Illinois State Scholarship
23Commission of a delinquent student loan or monetary award.
24    This Section does not prevent the Illinois Department and
25local governmental units from reporting to appropriate law
26enforcement officials the desertion or abandonment by a parent

 

 

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1of a child, as a result of which financial aid has been
2necessitated under Articles IV, V, or VI, or reporting to
3appropriate law enforcement officials instances in which a
4mother under age 18 has a nonmarital child out of wedlock and
5is an applicant for or recipient of aid under any Article of
6this Code. The Illinois Department may provide by rule for the
7county departments and local governmental units to initiate
8proceedings under the Juvenile Court Act of 1987 to have
9children declared to be neglected when they deem such action
10necessary to protect the children from immoral influences
11present in their home or surroundings.
12    This Section does not preclude the full exercise of the
13powers of the Board of Public Aid Commissioners to inspect
14records and documents, as provided for all advisory boards
15pursuant to Section 5-505 of the Departments of State
16Government Law (20 ILCS 5/5-505).
17    This Section does not preclude exchanges of information
18among the Department of Healthcare and Family Services
19(formerly Illinois Department of Public Aid), the Department of
20Human Services (as successor to the Department of Public Aid),
21and the Illinois Department of Revenue for the purpose of
22verifying sources and amounts of income and for other purposes
23directly connected with the administration of this Code and of
24the Illinois Income Tax Act.
25    The provisions of this Section and of Section 11-11 as they
26apply to applicants and recipients of public aid under Article

 

 

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1V shall be operative only to the extent that they do not
2conflict with any Federal law or regulation governing Federal
3grants to this State for such programs.
4    The Department of Healthcare and Family Services and the
5Department of Human Services (as successor to the Illinois
6Department of Public Aid) shall enter into an inter-agency
7agreement with the Department of Children and Family Services
8to establish a procedure by which employees of the Department
9of Children and Family Services may have immediate access to
10records, files, papers, and communications (except medical,
11alcohol or drug assessment or treatment, mental health, or any
12other medical records) of the Illinois Department, county
13departments, and local governmental units receiving State or
14federal funds or aid, if the Department of Children and Family
15Services determines the information is necessary to perform its
16duties under the Abused and Neglected Child Reporting Act, the
17Child Care Act of 1969, and the Children and Family Services
18Act.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    Section 35. The Crime Victims Compensation Act is amended
21by changing Section 2 as follows:
 
22    (740 ILCS 45/2)  (from Ch. 70, par. 72)
23    Sec. 2. Definitions. As used in this Act, unless the
24context otherwise requires:

 

 

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1    (a) "Applicant" means any person who applies for
2compensation under this Act or any person the Court of Claims
3finds is entitled to compensation, including the guardian of a
4minor or of a person under legal disability. It includes any
5person who was a dependent of a deceased victim of a crime of
6violence for his or her support at the time of the death of
7that victim.
8    (b) "Court of Claims" means the Court of Claims created by
9the Court of Claims Act.
10    (c) "Crime of violence" means and includes any offense
11defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
1210-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1311-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
1412-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,
1512-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,
1612-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05
17except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)
18of Section 11-14.4, of the Criminal Code of 1961 or the
19Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery
20Protection Act, Section 125 of the Stalking No Contact Order
21Act, Section 219 of the Civil No Contact Order Act, driving
22under the influence as defined in Section 11-501 of the
23Illinois Vehicle Code, a violation of Section 11-401 of the
24Illinois Vehicle Code, provided the victim was a pedestrian or
25was operating a vehicle moved solely by human power or a
26mobility device at the time of contact, and a violation of

 

 

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1Section 11-204.1 of the Illinois Vehicle Code; so long as the
2offense did not occur during a civil riot, insurrection or
3rebellion. "Crime of violence" does not include any other
4offense or accident involving a motor vehicle except those
5vehicle offenses specifically provided for in this paragraph.
6"Crime of violence" does include all of the offenses
7specifically provided for in this paragraph that occur within
8this State but are subject to federal jurisdiction and crimes
9involving terrorism as defined in 18 U.S.C. 2331.
10    (d) "Victim" means (1) a person killed or injured in this
11State as a result of a crime of violence perpetrated or
12attempted against him or her, (2) the spouse or parent of a
13person killed or injured in this State as a result of a crime
14of violence perpetrated or attempted against the person, (3) a
15person killed or injured in this State while attempting to
16assist a person against whom a crime of violence is being
17perpetrated or attempted, if that attempt of assistance would
18be expected of a reasonable person under the circumstances, (4)
19a person killed or injured in this State while assisting a law
20enforcement official apprehend a person who has perpetrated a
21crime of violence or prevent the perpetration of any such crime
22if that assistance was in response to the express request of
23the law enforcement official, (5) a person who personally
24witnessed a violent crime, (5.1) solely for the purpose of
25compensating for pecuniary loss incurred for psychological
26treatment of a mental or emotional condition caused or

 

 

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1aggravated by the crime, any other person under the age of 18
2who is the brother, sister, half brother, half sister, child,
3or stepchild of a person killed or injured in this State as a
4result of a crime of violence, (6) an Illinois resident who is
5a victim of a "crime of violence" as defined in this Act
6except, if the crime occurred outside this State, the resident
7has the same rights under this Act as if the crime had occurred
8in this State upon a showing that the state, territory,
9country, or political subdivision of a country in which the
10crime occurred does not have a compensation of victims of
11crimes law for which that Illinois resident is eligible, (7) a
12deceased person whose body is dismembered or whose remains are
13desecrated as the result of a crime of violence, or (8) solely
14for the purpose of compensating for pecuniary loss incurred for
15psychological treatment of a mental or emotional condition
16caused or aggravated by the crime, any parent, spouse, or child
17under the age of 18 of a deceased person whose body is
18dismembered or whose remains are desecrated as the result of a
19crime of violence.
20    (e) "Dependent" means a relative of a deceased victim who
21was wholly or partially dependent upon the victim's income at
22the time of his or her death and shall include the child of a
23victim born after his or her death.
24    (f) "Relative" means a spouse, parent, grandparent,
25stepfather, stepmother, child, grandchild, brother,
26brother-in-law, sister, sister-in-law, half brother, half

 

 

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1sister, spouse's parent, nephew, niece, uncle or aunt.
2    (g) "Child" means an unmarried son or daughter who is under
318 years of age and includes a stepchild, an adopted child or a
4nonmarital child born out of wedlock.
5    (h) "Pecuniary loss" means, in the case of injury,
6appropriate medical expenses and hospital expenses including
7expenses of medical examinations, rehabilitation, medically
8required nursing care expenses, appropriate psychiatric care
9or psychiatric counseling expenses, expenses for care or
10counseling by a licensed clinical psychologist, licensed
11clinical social worker, licensed professional counselor, or
12licensed clinical professional counselor and expenses for
13treatment by Christian Science practitioners and nursing care
14appropriate thereto; transportation expenses to and from
15medical and counseling treatment facilities; prosthetic
16appliances, eyeglasses, and hearing aids necessary or damaged
17as a result of the crime; costs associated with trafficking
18tattoo removal by a person authorized or licensed to perform
19the specific removal procedure; replacement costs for clothing
20and bedding used as evidence; costs associated with temporary
21lodging or relocation necessary as a result of the crime,
22including, but not limited to, the first month's rent and
23security deposit of the dwelling that the claimant relocated to
24and other reasonable relocation expenses incurred as a result
25of the violent crime; locks or windows necessary or damaged as
26a result of the crime; the purchase, lease, or rental of

 

 

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1equipment necessary to create usability of and accessibility to
2the victim's real and personal property, or the real and
3personal property which is used by the victim, necessary as a
4result of the crime; the costs of appropriate crime scene
5clean-up; replacement services loss, to a maximum of $1,250 per
6month; dependents replacement services loss, to a maximum of
7$1,250 per month; loss of tuition paid to attend grammar school
8or high school when the victim had been enrolled as a student
9prior to the injury, or college or graduate school when the
10victim had been enrolled as a day or night student prior to the
11injury when the victim becomes unable to continue attendance at
12school as a result of the crime of violence perpetrated against
13him or her; loss of earnings, loss of future earnings because
14of disability resulting from the injury, and, in addition, in
15the case of death, expenses for funeral, burial, and travel and
16transport for survivors of homicide victims to secure bodies of
17deceased victims and to transport bodies for burial all of
18which may not exceed a maximum of $7,500 and loss of support of
19the dependents of the victim; in the case of dismemberment or
20desecration of a body, expenses for funeral and burial, all of
21which may not exceed a maximum of $7,500. Loss of future
22earnings shall be reduced by any income from substitute work
23actually performed by the victim or by income he or she would
24have earned in available appropriate substitute work he or she
25was capable of performing but unreasonably failed to undertake.
26Loss of earnings, loss of future earnings and loss of support

 

 

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1shall be determined on the basis of the victim's average net
2monthly earnings for the 6 months immediately preceding the
3date of the injury or on $1,250 per month, whichever is less
4or, in cases where the absences commenced more than 3 years
5from the date of the crime, on the basis of the net monthly
6earnings for the 6 months immediately preceding the date of the
7first absence, not to exceed $1,250 per month. If a divorced or
8legally separated applicant is claiming loss of support for a
9minor child of the deceased, the amount of support for each
10child shall be based either on the amount of support pursuant
11to the judgment prior to the date of the deceased victim's
12injury or death, or, if the subject of pending litigation filed
13by or on behalf of the divorced or legally separated applicant
14prior to the injury or death, on the result of that litigation.
15Real and personal property includes, but is not limited to,
16vehicles, houses, apartments, town houses, or condominiums.
17Pecuniary loss does not include pain and suffering or property
18loss or damage.
19    (i) "Replacement services loss" means expenses reasonably
20incurred in obtaining ordinary and necessary services in lieu
21of those the injured person would have performed, not for
22income, but for the benefit of himself or herself or his or her
23family, if he or she had not been injured.
24    (j) "Dependents replacement services loss" means loss
25reasonably incurred by dependents or private legal guardians of
26minor dependents after a victim's death in obtaining ordinary

 

 

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1and necessary services in lieu of those the victim would have
2performed, not for income, but for their benefit, if he or she
3had not been fatally injured.
4    (k) "Survivor" means immediate family including a parent,
5step-father, step-mother, child, brother, sister, or spouse.
6    (l) "Parent" means a natural parent, adopted parent,
7step-parent, or permanent legal guardian of another person.
8    (m) "Trafficking tattoo" is a tattoo which is applied to a
9victim in connection with the commission of a violation of
10Section 10-9 of the Criminal Code of 2012.
11(Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13;
1297-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)
 
13    Section 40. The Illinois Marriage and Dissolution of
14Marriage Act is amended by changing Sections 205 and 607 as
15follows:
 
16    (750 ILCS 5/205)  (from Ch. 40, par. 205)
17    Sec. 205. Exceptions.
18    (1) Irrespective of the results of laboratory tests and
19clinical examination relative to sexually transmitted
20diseases, the clerks of the respective counties shall issue a
21marriage license to parties to a proposed marriage (a) when a
22woman is pregnant at the time of such application, or (b) when
23a woman has, prior to the time of application, given birth to a
24nonmarital child born out of wedlock which is living at the

 

 

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1time of such application and the man making such application
2makes affidavit that he is the father of the nonmarital such
3child born out of wedlock. The county clerk shall, in lieu of
4the health certificate required hereunder, accept, as the case
5may be, either an affidavit on a form prescribed by the State
6Department of Public Health, signed by a physician duly
7licensed in this State, stating that the woman is pregnant, or
8a copy of the birth record of the nonmarital child born out of
9wedlock, if one is available in this State, or if such birth
10record is not available, an affidavit signed by the woman that
11she is the mother of such child.
12    (2) Any judge of the circuit court within the county in
13which the license is to be issued is authorized and empowered
14on joint application by both applicants for a marriage license
15to waive the requirements as to medical examination, laboratory
16tests, and certificates, except the requirements of paragraph
17(4) of subsection (a) of Section 212 of this Act which shall
18not be waived; and to authorize the county clerk to issue the
19license if all other requirements of law have been complied
20with and the judge is satisfied, by affidavit, or other proof,
21that the examination or tests are contrary to the tenets or
22practices of the religious creed of which the applicant is an
23adherent, and that the public health and welfare will not be
24injuriously affected thereby.
25(Source: P.A. 94-229, eff. 1-1-06.)
 

 

 

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1    (750 ILCS 5/607)  (from Ch. 40, par. 607)
2    Sec. 607. Visitation.
3    (a) A parent not granted custody of the child is entitled
4to reasonable visitation rights unless the court finds, after a
5hearing, that visitation would endanger seriously the child's
6physical, mental, moral or emotional health. If the custodian's
7street address is not identified, pursuant to Section 708, the
8court shall require the parties to identify reasonable
9alternative arrangements for visitation by a non-custodial
10parent, including but not limited to visitation of the minor
11child at the residence of another person or at a local public
12or private facility.
13        (1) "Visitation" means in-person time spent between a
14    child and the child's parent. In appropriate
15    circumstances, it may include electronic communication
16    under conditions and at times determined by the court.
17        (2) "Electronic communication" means time that a
18    parent spends with his or her child during which the child
19    is not in the parent's actual physical custody, but which
20    is facilitated by the use of communication tools such as
21    the telephone, electronic mail, instant messaging, video
22    conferencing or other wired or wireless technologies via
23    the Internet, or another medium of communication.
24    (a-3) Grandparents, great-grandparents, and siblings of a
25minor child, who is one year old or older, have standing to
26bring an action in circuit court by petition, requesting

 

 

HB4380 Engrossed- 33 -LRB098 14743 HEP 49634 b

1visitation in accordance with this Section. The term "sibling"
2in this Section means a brother, sister, stepbrother, or
3stepsister of the minor child. Grandparents,
4great-grandparents, and siblings also have standing to file a
5petition for visitation and any electronic communication
6rights in a pending dissolution proceeding or any other
7proceeding that involves custody or visitation issues,
8requesting visitation in accordance with this Section. A
9petition for visitation with a child by a person other than a
10parent must be filed in the county in which the child resides.
11Nothing in this subsection (a-3) and subsection (a-5) of this
12Section shall apply to a child in whose interests a petition is
13pending under Section 2-13 of the Juvenile Court Act of 1987 or
14a petition to adopt an unrelated child is pending under the
15Adoption Act.
16    (a-5)(1) Except as otherwise provided in this subsection
17(a-5), any grandparent, great-grandparent, or sibling may file
18a petition for visitation rights to a minor child if there is
19an unreasonable denial of visitation by a parent and at least
20one of the following conditions exists:
21        (A) (Blank);
22        (A-5) the child's other parent is deceased or has been
23    missing for at least 3 months. For the purposes of this
24    Section a parent is considered to be missing if the
25    parent's location has not been determined and the parent
26    has been reported as missing to a law enforcement agency;

 

 

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1        (A-10) a parent of the child is incompetent as a matter
2    of law;
3        (A-15) a parent has been incarcerated in jail or prison
4    during the 3 month period preceding the filing of the
5    petition;
6        (B) the child's mother and father are divorced or have
7    been legally separated from each other or there is pending
8    a dissolution proceeding involving a parent of the child or
9    another court proceeding involving custody or visitation
10    of the child (other than any adoption proceeding of an
11    unrelated child) and at least one parent does not object to
12    the grandparent, great-grandparent, or sibling having
13    visitation with the child. The visitation of the
14    grandparent, great-grandparent, or sibling must not
15    diminish the visitation of the parent who is not related to
16    the grandparent, great-grandparent, or sibling seeking
17    visitation;
18        (C) (Blank);
19        (D) the child is a nonmarital child born out of
20    wedlock, the parents are not living together, and the
21    petitioner is a maternal grandparent, great-grandparent,
22    or sibling of the nonmarital child born out of wedlock; or
23        (E) the child is a nonmarital child born out of
24    wedlock, the parents are not living together, the
25    petitioner is a paternal grandparent, great-grandparent,
26    or sibling, and the paternity has been established by a

 

 

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1    court of competent jurisdiction.
2    (2) Any visitation rights granted pursuant to this Section
3before the filing of a petition for adoption of a child shall
4automatically terminate by operation of law upon the entry of
5an order terminating parental rights or granting the adoption
6of the child, whichever is earlier. If the person or persons
7who adopted the child are related to the child, as defined by
8Section 1 of the Adoption Act, any person who was related to
9the child as grandparent, great-grandparent, or sibling prior
10to the adoption shall have standing to bring an action pursuant
11to this Section requesting visitation with the child.
12    (3) In making a determination under this subsection (a-5),
13there is a rebuttable presumption that a fit parent's actions
14and decisions regarding grandparent, great-grandparent, or
15sibling visitation are not harmful to the child's mental,
16physical, or emotional health. The burden is on the party
17filing a petition under this Section to prove that the parent's
18actions and decisions regarding visitation times are harmful to
19the child's mental, physical, or emotional health.
20    (4) In determining whether to grant visitation, the court
21shall consider the following:
22        (A) the preference of the child if the child is
23    determined to be of sufficient maturity to express a
24    preference;
25        (B) the mental and physical health of the child;
26        (C) the mental and physical health of the grandparent,

 

 

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1    great-grandparent, or sibling;
2        (D) the length and quality of the prior relationship
3    between the child and the grandparent, great-grandparent,
4    or sibling;
5        (E) the good faith of the party in filing the petition;
6        (F) the good faith of the person denying visitation;
7        (G) the quantity of the visitation time requested and
8    the potential adverse impact that visitation would have on
9    the child's customary activities;
10        (H) whether the child resided with the petitioner for
11    at least 6 consecutive months with or without the current
12    custodian present;
13        (I) whether the petitioner had frequent or regular
14    contact or visitation with the child for at least 12
15    consecutive months;
16        (J) any other fact that establishes that the loss of
17    the relationship between the petitioner and the child is
18    likely to harm the child's mental, physical, or emotional
19    health; and
20        (K) whether the grandparent, great-grandparent, or
21    sibling was a primary caretaker of the child for a period
22    of not less than 6 consecutive months.
23    (5) The court may order visitation rights for the
24grandparent, great-grandparent, or sibling that include
25reasonable access without requiring overnight or possessory
26visitation.

 

 

HB4380 Engrossed- 37 -LRB098 14743 HEP 49634 b

1    (a-7)(1) Unless by stipulation of the parties, no motion to
2modify a grandparent, great-grandparent, or sibling visitation
3order may be made earlier than 2 years after the date the order
4was filed, unless the court permits it to be made on the basis
5of affidavits that there is reason to believe the child's
6present environment may endanger seriously the child's mental,
7physical, or emotional health.
8    (2) The court shall not modify an order that grants
9visitation to a grandparent, great-grandparent, or sibling
10unless it finds by clear and convincing evidence, upon the
11basis of facts that have arisen since the prior visitation
12order or that were unknown to the court at the time of entry of
13the prior visitation, that a change has occurred in the
14circumstances of the child or his or her custodian, and that
15the modification is necessary to protect the mental, physical,
16or emotional health of the child. The court shall state in its
17decision specific findings of fact in support of its
18modification or termination of the grandparent,
19great-grandparent, or sibling visitation. A child's parent may
20always petition to modify visitation upon changed
21circumstances when necessary to promote the child's best
22interest.
23    (3) Attorney fees and costs shall be assessed against a
24party seeking modification of the visitation order if the court
25finds that the modification action is vexatious and constitutes
26harassment.

 

 

HB4380 Engrossed- 38 -LRB098 14743 HEP 49634 b

1    (4) Notice under this subsection (a-7) shall be given as
2provided in subsections (c) and (d) of Section 601.
3    (b) (1) (Blank.)
4    (1.5) The Court may grant reasonable visitation privileges
5to a stepparent upon petition to the court by the stepparent,
6with notice to the parties required to be notified under
7Section 601 of this Act, if the court determines that it is in
8the best interests and welfare of the child, and may issue any
9necessary orders to enforce those visitation privileges. A
10petition for visitation privileges may be filed under this
11paragraph (1.5) whether or not a petition pursuant to this Act
12has been previously filed or is currently pending if the
13following circumstances are met:
14        (A) the child is at least 12 years old;
15        (B) the child resided continuously with the parent and
16    stepparent for at least 5 years;
17        (C) the parent is deceased or is disabled and is unable
18    to care for the child;
19        (D) the child wishes to have reasonable visitation with
20    the stepparent; and
21        (E) the stepparent was providing for the care, control,
22    and welfare to the child prior to the initiation of the
23    petition for visitation.
24    (2)(A) A petition for visitation privileges shall not be
25filed pursuant to this subsection (b) by the parents or
26grandparents of a putative father if the paternity of the

 

 

HB4380 Engrossed- 39 -LRB098 14743 HEP 49634 b

1putative father has not been legally established.
2    (B) A petition for visitation privileges may not be filed
3under this subsection (b) if the child who is the subject of
4the grandparents' or great-grandparents' petition has been
5voluntarily surrendered by the parent or parents, except for a
6surrender to the Illinois Department of Children and Family
7Services or a foster care facility, or has been previously
8adopted by an individual or individuals who are not related to
9the biological parents of the child or is the subject of a
10pending adoption petition by an individual or individuals who
11are not related to the biological parents of the child.
12    (3) (Blank).
13    (c) The court may modify an order granting or denying
14visitation rights of a parent whenever modification would serve
15the best interest of the child; but the court shall not
16restrict a parent's visitation rights unless it finds that the
17visitation would endanger seriously the child's physical,
18mental, moral or emotional health.
19    (d) If any court has entered an order prohibiting a
20non-custodial parent of a child from any contact with a child
21or restricting the non-custodial parent's contact with the
22child, the following provisions shall apply:
23        (1) If an order has been entered granting visitation
24    privileges with the child to a grandparent or
25    great-grandparent who is related to the child through the
26    non-custodial parent, the visitation privileges of the

 

 

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1    grandparent or great-grandparent may be revoked if:
2            (i) a court has entered an order prohibiting the
3        non-custodial parent from any contact with the child,
4        and the grandparent or great-grandparent is found to
5        have used his or her visitation privileges to
6        facilitate contact between the child and the
7        non-custodial parent; or
8            (ii) a court has entered an order restricting the
9        non-custodial parent's contact with the child, and the
10        grandparent or great-grandparent is found to have used
11        his or her visitation privileges to facilitate contact
12        between the child and the non-custodial parent in a
13        manner that violates the terms of the order restricting
14        the non-custodial parent's contact with the child.
15        Nothing in this subdivision (1) limits the authority of
16    the court to enforce its orders in any manner permitted by
17    law.
18        (2) Any order granting visitation privileges with the
19    child to a grandparent or great-grandparent who is related
20    to the child through the non-custodial parent shall contain
21    the following provision:
22        "If the (grandparent or great-grandparent, whichever
23    is applicable) who has been granted visitation privileges
24    under this order uses the visitation privileges to
25    facilitate contact between the child and the child's
26    non-custodial parent, the visitation privileges granted

 

 

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1    under this order shall be permanently revoked."
2    (e) No parent, not granted custody of the child, or
3grandparent, or great-grandparent, or stepparent, or sibling
4of any minor child, convicted of any offense involving an
5illegal sex act perpetrated upon a victim less than 18 years of
6age including but not limited to offenses for violations of
7Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
8or Article 12 of the Criminal Code of 1961 or the Criminal Code
9of 2012, is entitled to visitation rights while incarcerated or
10while on parole, probation, conditional discharge, periodic
11imprisonment, or mandatory supervised release for that
12offense, and upon discharge from incarceration for a
13misdemeanor offense or upon discharge from parole, probation,
14conditional discharge, periodic imprisonment, or mandatory
15supervised release for a felony offense, visitation shall be
16denied until the person successfully completes a treatment
17program approved by the court.
18    (f) Unless the court determines, after considering all
19relevant factors, including but not limited to those set forth
20in Section 602(a), that it would be in the best interests of
21the child to allow visitation, the court shall not enter an
22order providing visitation rights and pursuant to a motion to
23modify visitation shall revoke visitation rights previously
24granted to any person who would otherwise be entitled to
25petition for visitation rights under this Section who has been
26convicted of first degree murder of the parent, grandparent,

 

 

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1great-grandparent, or sibling of the child who is the subject
2of the order. Until an order is entered pursuant to this
3subsection, no person shall visit, with the child present, a
4person who has been convicted of first degree murder of the
5parent, grandparent, great-grandparent, or sibling of the
6child without the consent of the child's parent, other than a
7parent convicted of first degree murder as set forth herein, or
8legal guardian.
9    (g) (Blank).
10    (h) Upon motion, the court may allow a parent who is
11deployed or who has orders to be deployed as a member of the
12United States Armed Forces to designate a person known to the
13child to exercise reasonable substitute visitation on behalf of
14the deployed parent, if the court determines that substitute
15visitation is in the best interest of the child. In determining
16whether substitute visitation is in the best interest of the
17child, the court shall consider all of the relevant factors
18listed in subsection (a) of Section 602 and apply those factors
19to the person designated as a substitute for the deployed
20parent for visitation purposes.
21(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12;
2297-1150, eff. 1-25-13.)
 
23    Section 45. The Emancipation of Minors Act is amended by
24changing Section 3-3 as follows:
 

 

 

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1    (750 ILCS 30/3-3)  (from Ch. 40, par. 2203-3)
2    Sec. 3-3. Parents. "Parent" means the father or mother of a
3lawful child of the parties or a nonmarital child born out of
4wedlock, and includes any adoptive parent. It does not include
5a parent whose rights in respect to the minor have been
6terminated in any manner provided by law.
7(Source: P.A. 94-229, eff. 1-1-06.)
 
8    Section 50. The Adoption Act is amended by changing
9Sections 1, 12.1, and 18 as follows:
 
10    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
11    Sec. 1. Definitions. When used in this Act, unless the
12context otherwise requires:
13    A. "Child" means a person under legal age subject to
14adoption under this Act.
15    B. "Related child" means a child subject to adoption where
16either or both of the adopting parents stands in any of the
17following relationships to the child by blood or marriage:
18parent, grand-parent, brother, sister, step-parent,
19step-grandparent, step-brother, step-sister, uncle, aunt,
20great-uncle, great-aunt, or cousin of first degree. A child
21whose parent has executed a final irrevocable consent to
22adoption or a final irrevocable surrender for purposes of
23adoption, or whose parent has had his or her parental rights
24terminated, is not a related child to that person, unless the

 

 

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1consent is determined to be void or is void pursuant to
2subsection O of Section 10.
3    C. "Agency" for the purpose of this Act means a public
4child welfare agency or a licensed child welfare agency.
5    D. "Unfit person" means any person whom the court shall
6find to be unfit to have a child, without regard to the
7likelihood that the child will be placed for adoption. The
8grounds of unfitness are any one or more of the following,
9except that a person shall not be considered an unfit person
10for the sole reason that the person has relinquished a child in
11accordance with the Abandoned Newborn Infant Protection Act:
12        (a) Abandonment of the child.
13        (a-1) Abandonment of a newborn infant in a hospital.
14        (a-2) Abandonment of a newborn infant in any setting
15    where the evidence suggests that the parent intended to
16    relinquish his or her parental rights.
17        (b) Failure to maintain a reasonable degree of
18    interest, concern or responsibility as to the child's
19    welfare.
20        (c) Desertion of the child for more than 3 months next
21    preceding the commencement of the Adoption proceeding.
22        (d) Substantial neglect of the child if continuous or
23    repeated.
24        (d-1) Substantial neglect, if continuous or repeated,
25    of any child residing in the household which resulted in
26    the death of that child.

 

 

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1        (e) Extreme or repeated cruelty to the child.
2        (f) There is a rebuttable presumption, which can be
3    overcome only by clear and convincing evidence, that a
4    parent is unfit if:
5            (1) Two or more findings of physical abuse have
6        been entered regarding any children under Section 2-21
7        of the Juvenile Court Act of 1987, the most recent of
8        which was determined by the juvenile court hearing the
9        matter to be supported by clear and convincing
10        evidence; or
11            (2) The parent has been convicted or found not
12        guilty by reason of insanity and the conviction or
13        finding resulted from the death of any child by
14        physical abuse; or
15            (3) There is a finding of physical child abuse
16        resulting from the death of any child under Section
17        2-21 of the Juvenile Court Act of 1987.
18            No conviction or finding of delinquency pursuant
19        to Article V 5 of the Juvenile Court Act of 1987 shall
20        be considered a criminal conviction for the purpose of
21        applying any presumption under this item (f).
22        (g) Failure to protect the child from conditions within
23    his environment injurious to the child's welfare.
24        (h) Other neglect of, or misconduct toward the child;
25    provided that in making a finding of unfitness the court
26    hearing the adoption proceeding shall not be bound by any

 

 

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1    previous finding, order or judgment affecting or
2    determining the rights of the parents toward the child
3    sought to be adopted in any other proceeding except such
4    proceedings terminating parental rights as shall be had
5    under either this Act, the Juvenile Court Act or the
6    Juvenile Court Act of 1987.
7        (i) Depravity. Conviction of any one of the following
8    crimes shall create a presumption that a parent is depraved
9    which can be overcome only by clear and convincing
10    evidence: (1) first degree murder in violation of paragraph
11    1 or 2 of subsection (a) of Section 9-1 of the Criminal
12    Code of 1961 or the Criminal Code of 2012 or conviction of
13    second degree murder in violation of subsection (a) of
14    Section 9-2 of the Criminal Code of 1961 or the Criminal
15    Code of 2012 of a parent of the child to be adopted; (2)
16    first degree murder or second degree murder of any child in
17    violation of the Criminal Code of 1961 or the Criminal Code
18    of 2012; (3) attempt or conspiracy to commit first degree
19    murder or second degree murder of any child in violation of
20    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
21    solicitation to commit murder of any child, solicitation to
22    commit murder of any child for hire, or solicitation to
23    commit second degree murder of any child in violation of
24    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
25    predatory criminal sexual assault of a child in violation
26    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961

 

 

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1    or the Criminal Code of 2012; (6) heinous battery of any
2    child in violation of the Criminal Code of 1961; or (7)
3    aggravated battery of any child in violation of the
4    Criminal Code of 1961 or the Criminal Code of 2012.
5        There is a rebuttable presumption that a parent is
6    depraved if the parent has been criminally convicted of at
7    least 3 felonies under the laws of this State or any other
8    state, or under federal law, or the criminal laws of any
9    United States territory; and at least one of these
10    convictions took place within 5 years of the filing of the
11    petition or motion seeking termination of parental rights.
12        There is a rebuttable presumption that a parent is
13    depraved if that parent has been criminally convicted of
14    either first or second degree murder of any person as
15    defined in the Criminal Code of 1961 or the Criminal Code
16    of 2012 within 10 years of the filing date of the petition
17    or motion to terminate parental rights.
18        No conviction or finding of delinquency pursuant to
19    Article 5 of the Juvenile Court Act of 1987 shall be
20    considered a criminal conviction for the purpose of
21    applying any presumption under this item (i).
22        (j) Open and notorious adultery or fornication.
23        (j-1) (Blank).
24        (k) Habitual drunkenness or addiction to drugs, other
25    than those prescribed by a physician, for at least one year
26    immediately prior to the commencement of the unfitness

 

 

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1    proceeding.
2        There is a rebuttable presumption that a parent is
3    unfit under this subsection with respect to any child to
4    which that parent gives birth where there is a confirmed
5    test result that at birth the child's blood, urine, or
6    meconium contained any amount of a controlled substance as
7    defined in subsection (f) of Section 102 of the Illinois
8    Controlled Substances Act or metabolites of such
9    substances, the presence of which in the newborn infant was
10    not the result of medical treatment administered to the
11    mother or the newborn infant; and the biological mother of
12    this child is the biological mother of at least one other
13    child who was adjudicated a neglected minor under
14    subsection (c) of Section 2-3 of the Juvenile Court Act of
15    1987.
16        (l) Failure to demonstrate a reasonable degree of
17    interest, concern or responsibility as to the welfare of a
18    new born child during the first 30 days after its birth.
19        (m) Failure by a parent (i) to make reasonable efforts
20    to correct the conditions that were the basis for the
21    removal of the child from the parent during any 9-month
22    period following the adjudication of neglected or abused
23    minor under Section 2-3 of the Juvenile Court Act of 1987
24    or dependent minor under Section 2-4 of that Act, or (ii)
25    to make reasonable progress toward the return of the child
26    to the parent during any 9-month period following the

 

 

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1    adjudication of neglected or abused minor under Section 2-3
2    of the Juvenile Court Act of 1987 or dependent minor under
3    Section 2-4 of that Act. If a service plan has been
4    established as required under Section 8.2 of the Abused and
5    Neglected Child Reporting Act to correct the conditions
6    that were the basis for the removal of the child from the
7    parent and if those services were available, then, for
8    purposes of this Act, "failure to make reasonable progress
9    toward the return of the child to the parent" includes the
10    parent's failure to substantially fulfill his or her
11    obligations under the service plan and correct the
12    conditions that brought the child into care during any
13    9-month period following the adjudication under Section
14    2-3 or 2-4 of the Juvenile Court Act of 1987.
15    Notwithstanding any other provision, when a petition or
16    motion seeks to terminate parental rights on the basis of
17    item (ii) of this subsection (m), the petitioner shall file
18    with the court and serve on the parties a pleading that
19    specifies the 9-month period or periods relied on. The
20    pleading shall be filed and served on the parties no later
21    than 3 weeks before the date set by the court for closure
22    of discovery, and the allegations in the pleading shall be
23    treated as incorporated into the petition or motion.
24    Failure of a respondent to file a written denial of the
25    allegations in the pleading shall not be treated as an
26    admission that the allegations are true.

 

 

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1        (m-1) Pursuant to the Juvenile Court Act of 1987, a
2    child has been in foster care for 15 months out of any 22
3    month period which begins on or after the effective date of
4    this amendatory Act of 1998 unless the child's parent can
5    prove by a preponderance of the evidence that it is more
6    likely than not that it will be in the best interests of
7    the child to be returned to the parent within 6 months of
8    the date on which a petition for termination of parental
9    rights is filed under the Juvenile Court Act of 1987. The
10    15 month time limit is tolled during any period for which
11    there is a court finding that the appointed custodian or
12    guardian failed to make reasonable efforts to reunify the
13    child with his or her family, provided that (i) the finding
14    of no reasonable efforts is made within 60 days of the
15    period when reasonable efforts were not made or (ii) the
16    parent filed a motion requesting a finding of no reasonable
17    efforts within 60 days of the period when reasonable
18    efforts were not made. For purposes of this subdivision
19    (m-1), the date of entering foster care is the earlier of:
20    (i) the date of a judicial finding at an adjudicatory
21    hearing that the child is an abused, neglected, or
22    dependent minor; or (ii) 60 days after the date on which
23    the child is removed from his or her parent, guardian, or
24    legal custodian.
25        (n) Evidence of intent to forgo his or her parental
26    rights, whether or not the child is a ward of the court,

 

 

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1    (1) as manifested by his or her failure for a period of 12
2    months: (i) to visit the child, (ii) to communicate with
3    the child or agency, although able to do so and not
4    prevented from doing so by an agency or by court order, or
5    (iii) to maintain contact with or plan for the future of
6    the child, although physically able to do so, or (2) as
7    manifested by the father's failure, where he and the mother
8    of the child were unmarried to each other at the time of
9    the child's birth, (i) to commence legal proceedings to
10    establish his paternity under the Illinois Parentage Act of
11    1984 or the law of the jurisdiction of the child's birth
12    within 30 days of being informed, pursuant to Section 12a
13    of this Act, that he is the father or the likely father of
14    the child or, after being so informed where the child is
15    not yet born, within 30 days of the child's birth, or (ii)
16    to make a good faith effort to pay a reasonable amount of
17    the expenses related to the birth of the child and to
18    provide a reasonable amount for the financial support of
19    the child, the court to consider in its determination all
20    relevant circumstances, including the financial condition
21    of both parents; provided that the ground for termination
22    provided in this subparagraph (n)(2)(ii) shall only be
23    available where the petition is brought by the mother or
24    the husband of the mother.
25        Contact or communication by a parent with his or her
26    child that does not demonstrate affection and concern does

 

 

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1    not constitute reasonable contact and planning under
2    subdivision (n). In the absence of evidence to the
3    contrary, the ability to visit, communicate, maintain
4    contact, pay expenses and plan for the future shall be
5    presumed. The subjective intent of the parent, whether
6    expressed or otherwise, unsupported by evidence of the
7    foregoing parental acts manifesting that intent, shall not
8    preclude a determination that the parent has intended to
9    forgo his or her parental rights. In making this
10    determination, the court may consider but shall not require
11    a showing of diligent efforts by an authorized agency to
12    encourage the parent to perform the acts specified in
13    subdivision (n).
14        It shall be an affirmative defense to any allegation
15    under paragraph (2) of this subsection that the father's
16    failure was due to circumstances beyond his control or to
17    impediments created by the mother or any other person
18    having legal custody. Proof of that fact need only be by a
19    preponderance of the evidence.
20        (o) Repeated or continuous failure by the parents,
21    although physically and financially able, to provide the
22    child with adequate food, clothing, or shelter.
23        (p) Inability to discharge parental responsibilities
24    supported by competent evidence from a psychiatrist,
25    licensed clinical social worker, or clinical psychologist
26    of mental impairment, mental illness or an intellectual

 

 

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1    disability as defined in Section 1-116 of the Mental Health
2    and Developmental Disabilities Code, or developmental
3    disability as defined in Section 1-106 of that Code, and
4    there is sufficient justification to believe that the
5    inability to discharge parental responsibilities shall
6    extend beyond a reasonable time period. However, this
7    subdivision (p) shall not be construed so as to permit a
8    licensed clinical social worker to conduct any medical
9    diagnosis to determine mental illness or mental
10    impairment.
11        (q) (Blank).
12        (r) The child is in the temporary custody or
13    guardianship of the Department of Children and Family
14    Services, the parent is incarcerated as a result of
15    criminal conviction at the time the petition or motion for
16    termination of parental rights is filed, prior to
17    incarceration the parent had little or no contact with the
18    child or provided little or no support for the child, and
19    the parent's incarceration will prevent the parent from
20    discharging his or her parental responsibilities for the
21    child for a period in excess of 2 years after the filing of
22    the petition or motion for termination of parental rights.
23        (s) The child is in the temporary custody or
24    guardianship of the Department of Children and Family
25    Services, the parent is incarcerated at the time the
26    petition or motion for termination of parental rights is

 

 

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1    filed, the parent has been repeatedly incarcerated as a
2    result of criminal convictions, and the parent's repeated
3    incarceration has prevented the parent from discharging
4    his or her parental responsibilities for the child.
5        (t) A finding that at birth the child's blood, urine,
6    or meconium contained any amount of a controlled substance
7    as defined in subsection (f) of Section 102 of the Illinois
8    Controlled Substances Act, or a metabolite of a controlled
9    substance, with the exception of controlled substances or
10    metabolites of such substances, the presence of which in
11    the newborn infant was the result of medical treatment
12    administered to the mother or the newborn infant, and that
13    the biological mother of this child is the biological
14    mother of at least one other child who was adjudicated a
15    neglected minor under subsection (c) of Section 2-3 of the
16    Juvenile Court Act of 1987, after which the biological
17    mother had the opportunity to enroll in and participate in
18    a clinically appropriate substance abuse counseling,
19    treatment, and rehabilitation program.
20    E. "Parent" means the father or mother of a lawful child of
21the parties or nonmarital child born out of wedlock. For the
22purpose of this Act, a person who has executed a final and
23irrevocable consent to adoption or a final and irrevocable
24surrender for purposes of adoption, or whose parental rights
25have been terminated by a court, is not a parent of the child
26who was the subject of the consent or surrender, unless the

 

 

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1consent is void pursuant to subsection O of Section 10.
2    F. A person is available for adoption when the person is:
3        (a) a child who has been surrendered for adoption to an
4    agency and to whose adoption the agency has thereafter
5    consented;
6        (b) a child to whose adoption a person authorized by
7    law, other than his parents, has consented, or to whose
8    adoption no consent is required pursuant to Section 8 of
9    this Act;
10        (c) a child who is in the custody of persons who intend
11    to adopt him through placement made by his parents;
12        (c-1) a child for whom a parent has signed a specific
13    consent pursuant to subsection O of Section 10;
14        (d) an adult who meets the conditions set forth in
15    Section 3 of this Act; or
16        (e) a child who has been relinquished as defined in
17    Section 10 of the Abandoned Newborn Infant Protection Act.
18    A person who would otherwise be available for adoption
19shall not be deemed unavailable for adoption solely by reason
20of his or her death.
21    G. The singular includes the plural and the plural includes
22the singular and the "male" includes the "female", as the
23context of this Act may require.
24    H. "Adoption disruption" occurs when an adoptive placement
25does not prove successful and it becomes necessary for the
26child to be removed from placement before the adoption is

 

 

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1finalized.
2    I. "Habitual residence" has the meaning ascribed to it in
3the federal Intercountry Adoption Act of 2000 and regulations
4promulgated thereunder.
5    J. "Immediate relatives" means the biological parents, the
6parents of the biological parents and siblings of the
7biological parents.
8    K. "Intercountry adoption" is a process by which a child
9from a country other than the United States is adopted by
10persons who are habitual residents of the United States, or the
11child is a habitual resident of the United States who is
12adopted by persons who are habitual residents of a country
13other than the United States.
14    L. "Intercountry Adoption Coordinator" means a staff
15person of the Department of Children and Family Services
16appointed by the Director to coordinate the provision of
17services related to an intercountry adoption.
18    M. "Interstate Compact on the Placement of Children" is a
19law enacted by all states and certain territories for the
20purpose of establishing uniform procedures for handling the
21interstate placement of children in foster homes, adoptive
22homes, or other child care facilities.
23    N. (Blank).
24    O. "Preadoption requirements" means any conditions or
25standards established by the laws or administrative rules of
26this State that must be met by a prospective adoptive parent

 

 

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1prior to the placement of a child in an adoptive home.
2    P. "Abused child" means a child whose parent or immediate
3family member, or any person responsible for the child's
4welfare, or any individual residing in the same home as the
5child, or a paramour of the child's parent:
6        (a) inflicts, causes to be inflicted, or allows to be
7    inflicted upon the child physical injury, by other than
8    accidental means, that causes death, disfigurement,
9    impairment of physical or emotional health, or loss or
10    impairment of any bodily function;
11        (b) creates a substantial risk of physical injury to
12    the child by other than accidental means which would be
13    likely to cause death, disfigurement, impairment of
14    physical or emotional health, or loss or impairment of any
15    bodily function;
16        (c) commits or allows to be committed any sex offense
17    against the child, as sex offenses are defined in the
18    Criminal Code of 2012 and extending those definitions of
19    sex offenses to include children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon the child; or
22        (e) inflicts excessive corporal punishment.
23    Q. "Neglected child" means any child whose parent or other
24person responsible for the child's welfare withholds or denies
25nourishment or medically indicated treatment including food or
26care denied solely on the basis of the present or anticipated

 

 

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1mental or physical impairment as determined by a physician
2acting alone or in consultation with other physicians or
3otherwise does not provide the proper or necessary support,
4education as required by law, or medical or other remedial care
5recognized under State law as necessary for a child's
6well-being, or other care necessary for his or her well-being,
7including adequate food, clothing and shelter; or who is
8abandoned by his or her parents or other person responsible for
9the child's welfare.
10    A child shall not be considered neglected or abused for the
11sole reason that the child's parent or other person responsible
12for his or her welfare depends upon spiritual means through
13prayer alone for the treatment or cure of disease or remedial
14care as provided under Section 4 of the Abused and Neglected
15Child Reporting Act. A child shall not be considered neglected
16or abused for the sole reason that the child's parent or other
17person responsible for the child's welfare failed to vaccinate,
18delayed vaccination, or refused vaccination for the child due
19to a waiver on religious or medical grounds as permitted by
20law.
21    R. "Putative father" means a man who may be a child's
22father, but who (1) is not married to the child's mother on or
23before the date that the child was or is to be born and (2) has
24not established paternity of the child in a court proceeding
25before the filing of a petition for the adoption of the child.
26The term includes a male who is less than 18 years of age.

 

 

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1"Putative father" does not mean a man who is the child's father
2as a result of criminal sexual abuse or assault as defined
3under Article 11 of the Criminal Code of 2012.
4    S. "Standby adoption" means an adoption in which a parent
5consents to custody and termination of parental rights to
6become effective upon the occurrence of a future event, which
7is either the death of the parent or the request of the parent
8for the entry of a final judgment of adoption.
9    T. (Blank).
10    U. "Interstate adoption" means the placement of a minor
11child with a prospective adoptive parent for the purpose of
12pursuing an adoption for that child that is subject to the
13provisions of the Interstate Compact on Placement of Children.
14    V. "Endorsement letter" means the letter issued by the
15Department of Children and Family Services to document that a
16prospective adoptive parent has met preadoption requirements
17and has been deemed suitable by the Department to adopt a child
18who is the subject of an intercountry adoption.
19    W. "Denial letter" means the letter issued by the
20Department of Children and Family Services to document that a
21prospective adoptive parent has not met preadoption
22requirements and has not been deemed suitable by the Department
23to adopt a child who is the subject of an intercountry
24adoption.
25(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
2697-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.

 

 

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11-1-14; revised 9-24-13.)
 
2    (750 ILCS 50/12.1)
3    Sec. 12.1. Putative Father Registry. The Department of
4Children and Family Services shall establish a Putative Father
5Registry for the purpose of determining the identity and
6location of a putative father of a minor child who is, or is
7expected to be, the subject of an adoption proceeding, in order
8to provide notice of such proceeding to the putative father.
9The Department of Children and Family Services shall establish
10rules and informational material necessary to implement the
11provisions of this Section. The Department shall have the
12authority to set reasonable fees for the use of the Registry.
13All such fees for the use of the Registry that are received by
14the Department or its agent shall be deposited into the fund
15authorized under subsection (b) of Section 25 of the Children
16and Family Services Act. The Department shall use the moneys in
17that fund for the purpose of maintaining the Registry.
18    (a) The Department shall maintain the following
19information in the Registry:
20        (1) With respect to the putative father:
21            (i) Name, including any other names by which the
22        putative father may be known and that he may provide to
23        the Registry;
24            (ii) Address at which he may be served with notice
25        of a petition under this Act, including any change of

 

 

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1        address;
2            (iii) Social Security Number;
3            (iv) Date of birth; and
4            (v) If applicable, a certified copy of an order by
5        a court of this State or of another state or territory
6        of the United States adjudicating the putative father
7        to be the father of the child.
8        (2) With respect to the mother of the child:
9            (i) Name, including all other names known to the
10        putative father by which the mother may be known;
11            (ii) If known to the putative father, her last
12        address;
13            (iii) Social Security Number; and
14            (iv) Date of birth.
15        (3) If known to the putative father, the name, gender,
16    place of birth, and date of birth or anticipated date of
17    birth of the child.
18        (4) The date that the Department received the putative
19    father's registration.
20        (5) Other information as the Department may by rule
21    determine necessary for the orderly administration of the
22    Registry.
23    (b) A putative father may register with the Department
24before the birth of the child but shall register no later than
2530 days after the birth of the child. All registrations shall
26be in writing and signed by the putative father. No fee shall

 

 

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1be charged for the initial registration. The Department shall
2have no independent obligation to gather the information to be
3maintained.
4    (c) An interested party, including persons intending to
5adopt a child, a child welfare agency with whom the mother has
6placed or has given written notice of her intention to place a
7child for adoption, the mother of the child, or an attorney
8representing an interested party may request that the
9Department search the Registry to determine whether a putative
10father is registered in relation to a child who is or may be
11the subject to an adoption petition.
12    (d) A search of the Registry may be proven by the
13production of a certified copy of the registration form, or by
14the certified statement of the administrator of the Registry
15that after a search, no registration of a putative father in
16relation to a child who is or may be the subject of an adoption
17petition could be located.
18    (e) Except as otherwise provided, information contained
19within the Registry is confidential and shall not be published
20or open to public inspection.
21    (f) A person who knowingly or intentionally registers false
22information under this Section commits a Class B misdemeanor. A
23person who knowingly or intentionally releases confidential
24information in violation of this Section commits a Class B
25misdemeanor.
26    (g) Except as provided in subsections (b) or (c) of Section

 

 

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18 of this Act, a putative father who fails to register with the
2Putative Father Registry as provided in this Section is barred
3from thereafter bringing or maintaining any action to assert
4any interest in the child, unless he proves by clear and
5convincing evidence that:
6        (1) it was not possible for him to register within the
7    period of time specified in subsection (b) of this Section;
8    and
9        (2) his failure to register was through no fault of his
10    own; and
11        (3) he registered within 10 days after it became
12    possible for him to file.
13    A lack of knowledge of the pregnancy or birth is not an
14acceptable reason for failure to register.
15    (h) Except as provided in subsection (b) or (c) of Section
168 of this Act, failure to timely register with the Putative
17Father Registry (i) shall be deemed to be a waiver and
18surrender of any right to notice of any hearing in any judicial
19proceeding for the adoption of the child, and the consent or
20surrender of that person to the adoption of the child is not
21required, and (ii) shall constitute an abandonment of the child
22and shall be prima facie evidence of sufficient grounds to
23support termination of such father's parental rights under this
24Act.
25    (i) In any adoption proceeding pertaining to a nonmarital
26child born out of wedlock, if there is no showing that a

 

 

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1putative father has executed a consent or surrender or waived
2his rights regarding the proposed adoption, certification as
3specified in subsection (d) shall be filed with the court prior
4to entry of a final judgment order of adoption.
5    (j) The Registry shall not be used to notify a putative
6father who is the father of a child as a result of criminal
7sexual abuse or assault as defined under Article 11 of the
8Criminal Code of 2012.
9(Source: P.A. 97-1150, eff. 1-25-13.)
 
10    (750 ILCS 50/18)  (from Ch. 40, par. 1522)
11    Sec. 18. Records confidential.
12    (a) The word "illegitimate", the words "born out of
13wedlock", the word "nonmarital", and words of similar import
14shall not be used in any adoption proceeding in any respect.
15    (b) The court call of adoption proceedings shall not
16identify any of the parties by name. The parties may be
17identified by initials or pseudonyms. The case shall be
18identified by its general number. The names of the lawyers
19representing the parties may appear on the court call, and the
20type of application that is being made to the court may also be
21identified.
22    (c) All adoption records maintained by each circuit clerk
23shall be impounded in accordance with the procedures provided
24by the Illinois Supreme Court's General Administrative Order on
25Recordkeeping and shall be opened for examination only upon

 

 

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1specific order of the court, which order shall name the person
2or persons who are to be permitted to examine the file.
3Certified copies of all papers and documents contained in any
4file so impounded shall be made only on like order. The
5guardian ad litem for a minor sought to be adopted shall have
6the right to inspect the court file without leave of court
7during the pendency of the proceeding. The attorney of record
8for the petitioners and other parties may inspect the file only
9with leave of court. The petitioners to the adoption, the
10attorney of record for the petitioners, and the guardian ad
11litem of the person who is the subject of the proceeding shall
12be entitled to receive certified copies of the order of
13adoption in the proceeding at any time within 30 days after the
14entry of the judgment of adoption without order of court. After
1530 days from the entry of the judgment of adoption, no copies
16may be obtained without prior order of court, but good cause is
17not necessary to be shown by one of the petitioners to the
18adoption.
19    (d) If an appeal is taken from an adoption proceeding, the
20papers filed in the court of review and the opinion of the
21reviewing court shall not identify the true names of the
22parties; instead, initials or pseudonyms shall be used to
23identify the parties.
24(Source: P.A. 86-493; 87-620.)
 
25    Section 55. The Probate Act of 1975 is amended by changing

 

 

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1Sections 2-2 and 5-3 as follows:
 
2    (755 ILCS 5/2-2)  (from Ch. 110 1/2, par. 2-2)
3    Sec. 2-2. Nonmarital children Children born out of wedlock.
4The intestate real and personal estate of a resident decedent
5who was a nonmarital child born out of wedlock at the time of
6death and the intestate real estate in this State of a
7nonresident decedent who was a nonmarital child born out of
8wedlock at the time of death, after all just claims against his
9estate are fully paid, descends and shall be distributed as
10provided in Section 2-1, subject to Section 2-6.5 of this Act,
11if both parents are eligible parents. As used in this Section,
12"eligible parent" means a parent of the decedent who, during
13the decedent's lifetime, acknowledged the decedent as the
14parent's child, established a parental relationship with the
15decedent, and supported the decedent as the parent's child.
16"Eligible parents" who are in arrears of in excess of one
17year's child support obligations shall not receive any property
18benefit or other interest of the decedent unless and until a
19court of competent jurisdiction makes a determination as to the
20effect on the deceased of the arrearage and allows a reduced
21benefit. In no event shall the reduction of the benefit or
22other interest be less than the amount of child support owed
23for the support of the decedent at the time of death. The
24court's considerations shall include but are not limited to the
25considerations in subsections (1) through (3) of Section 2-6.5

 

 

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1of this Act.
2    If neither parent is an eligible parent, the intestate real
3and personal estate of a resident decedent who was a nonmarital
4child born out of wedlock at the time of death and the
5intestate real estate in this State of a nonresident decedent
6who was a nonmarital child born out of wedlock at the time of
7death, after all just claims against his or her estate are
8fully paid, descends and shall be distributed as provided in
9Section 2-1, but the parents of the decedent shall be treated
10as having predeceased the decedent.
11    If only one parent is an eligible parent, the intestate
12real and personal estate of a resident decedent who was a
13nonmarital child born out of wedlock at the time of death and
14the intestate real estate in this State of a nonresident
15decedent who was a nonmarital child born out of wedlock at the
16time of death, after all just claims against his or her estate
17are fully paid, subject to Section 2-6.5 of this Act, descends
18and shall be distributed as follows:
19    (a) If there is a surviving spouse and also a descendant of
20the decedent: 1/2 of the entire estate to the surviving spouse
21and 1/2 to the decedent's descendants per stirpes.
22    (b) If there is no surviving spouse but a descendant of the
23decedent: the entire estate to the decedent's descendants per
24stirpes.
25    (c) If there is a surviving spouse but no descendant of the
26decedent: the entire estate to the surviving spouse.

 

 

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1    (d) If there is no surviving spouse or descendant but the
2eligible parent or a descendant of the eligible parent of the
3decedent: the entire estate to the eligible parent and the
4eligible parent's descendants, allowing 1/2 to the eligible
5parent and 1/2 to the eligible parent's descendants per
6stirpes.
7    (e) If there is no surviving spouse, descendant, eligible
8parent, or descendant of the eligible parent of the decedent,
9but a grandparent on the eligible parent's side of the family
10or descendant of such grandparent of the decedent: the entire
11estate to the decedent's grandparents on the eligible parent's
12side of the family in equal parts, or to the survivor of them,
13or if there is none surviving, to their descendants per
14stirpes.
15    (f) If there is no surviving spouse, descendant, eligible
16parent, descendant of the eligible parent, grandparent on the
17eligible parent's side of the family, or descendant of such
18grandparent of the decedent: the entire estate to the
19decedent's great-grandparents on the eligible parent's side of
20the family in equal parts or to the survivor of them, or if
21there is none surviving, to their descendants per stirpes.
22    (g) If there is no surviving spouse, descendant, eligible
23parent, descendant of the eligible parent, grandparent on the
24eligible parent's side of the family, descendant of such
25grandparent, great-grandparent on the eligible parent's side
26of the family, or descendant of such great-grandparent of the

 

 

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1decedent: the entire estate in equal parts to the nearest
2kindred of the eligible parent of the decedent in equal degree
3(computing by the rules of the civil law) and without
4representation.
5    (h) If there is no surviving spouse, descendant, or
6eligible parent of the decedent and no known kindred of the
7eligible parent of the decedent: the real estate escheats to
8the county in which it is located; the personal estate
9physically located within this State and the personal estate
10physically located or held outside this State which is the
11subject of ancillary administration within this State escheats
12to the county of which the decedent was a resident or, if the
13decedent was not a resident of this State, to the county in
14which it is located; all other personal property of the
15decedent of every class and character, wherever situate, or the
16proceeds thereof, shall escheat to this State and be delivered
17to the State Treasurer of this State pursuant to the Uniform
18Disposition of Unclaimed Property Act.
19    For purposes of inheritance, the changes made by this
20amendatory Act of 1998 apply to all decedents who die on or
21after the effective date of this amendatory Act of 1998. For
22the purpose of determining the property rights of any person
23under any instrument, the changes made by this amendatory Act
24of 1998 apply to all instruments executed on or after the
25effective date of this amendatory Act of 1998.
26    A nonmarital child born out of wedlock is heir of his

 

 

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1mother and of any maternal ancestor and of any person from whom
2his mother might have inherited, if living; and the descendants
3of a person who was a nonmarital child born out of wedlock
4shall represent such person and take by descent any estate
5which the parent would have taken, if living. If a decedent has
6acknowledged paternity of a nonmarital child born out of
7wedlock or if during his lifetime or after his death a decedent
8has been adjudged to be the father of a nonmarital child born
9out of wedlock, that person is heir of his father and of any
10paternal ancestor and of any person from whom his father might
11have inherited, if living; and the descendants of a person who
12was a nonmarital child born out of wedlock shall represent that
13person and take by descent any estate which the parent would
14have taken, if living. If during his lifetime the decedent was
15adjudged to be the father of a nonmarital child born out of
16wedlock by a court of competent jurisdiction, an authenticated
17copy of the judgment is sufficient proof of the paternity; but
18in all other cases paternity must be proved by clear and
19convincing evidence. A person who was a nonmarital child born
20out of wedlock whose parents intermarry and who is acknowledged
21by the father as the father's child is a lawful child of the
22father. After a nonmarital child born out of wedlock is
23adopted, that person's relationship to his or her adopting and
24natural parents shall be governed by Section 2-4 of this Act.
25For purposes of inheritance, the changes made by this
26amendatory Act of 1997 apply to all decedents who die on or

 

 

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1after January 1, 1998. For the purpose of determining the
2property rights of any person under any instrument, the changes
3made by this amendatory Act of 1997 apply to all instruments
4executed on or after January 1, 1998.
5(Source: P.A. 94-229, eff. 1-1-06.)
 
6    (755 ILCS 5/5-3)  (from Ch. 110 1/2, par. 5-3)
7    Sec. 5-3. Power to ascertain and declare heirship -
8evidence.) (a) The court may ascertain and declare the heirship
9of any decedent to be entered of record in the court at any
10time during the administration of the estate without further
11notice or, if there is no grant of administration, upon such
12notice and in such manner as the court directs.
13    (b) The ascertainment of heirship may be made from (1) an
14affidavit of any person stating the facts from which the
15heirship of the decedent can be ascertained, which affidavit
16shall be signed and sworn to or affirmed before any notary
17public or judge of any court of record in the United States or
18any of its possessions or territories and certified by the
19clerk thereof, or before any United States consul, vice-consul,
20consular agent, secretary of legation or commissioned officer
21in active service of the United States, within or without the
22United States, or (2) from evidence either in narrative form or
23by questions and answers which are reduced to writing and
24certified by the court declaring the heirship. The seal of
25office of any notary public, United States consul, vice-consul,

 

 

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1consular agent or secretary of legation and the designation of
2the name, rank and branch of service of any commissioned
3officer in active service of the armed forces of the United
4States shall be sufficient evidence of his identity and
5official character. The affidavit or transcript of evidence
6shall be filed by the clerk of the court declaring the heirship
7and remain as a part of the files in the cause.
8    (c) An order of the court declaring heirship is prima facie
9evidence of the heirship, but any other legal method of proving
10heirship may be resorted to by any party interested therein in
11any place or court where the question may arise.
12    (d) For purposes of this section the court may presume, in
13the absence of any evidence to the contrary, that the decedent
14and any person through whom heirship is traced was not the
15mother or father of any nonmarital child born out of wedlock
16and, if the decedent or the person was a male, that no
17nonmarital child born out of wedlock was filiated to or
18acknowledged or legitimated by the decedent or the person.
19(Source: P.A. 81-598.)
 
20    Section 60. The Line of Duty Compensation Act is amended by
21changing Section 3 as follows:
 
22    (820 ILCS 315/3)   (from Ch. 48, par. 283)
23    Sec. 3. Duty death benefit.
24    (a) If a claim therefor is made within one year of the date

 

 

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1of death of a law enforcement officer, civil defense worker,
2civil air patrol member, paramedic, fireman, chaplain, or State
3employee killed in the line of duty, or if a claim therefor is
4made within 2 years of the date of death of an Armed Forces
5member killed in the line of duty, compensation shall be paid
6to the person designated by the law enforcement officer, civil
7defense worker, civil air patrol member, paramedic, fireman,
8chaplain, State employee, or Armed Forces member. However, if
9the Armed Forces member was killed in the line of duty before
10October 18, 2004, the claim must be made within one year of
11October 18, 2004.
12    (b) The amount of compensation, except for an Armed Forces
13member, shall be $10,000 if the death in the line of duty
14occurred prior to January 1, 1974; $20,000 if such death
15occurred after December 31, 1973 and before July 1, 1983;
16$50,000 if such death occurred on or after July 1, 1983 and
17before January 1, 1996; $100,000 if the death occurred on or
18after January 1, 1996 and before May 18, 2001; $118,000 if the
19death occurred on or after May 18, 2001 and before July 1,
202002; and $259,038 if the death occurred on or after July 1,
212002 and before January 1, 2003. For an Armed Forces member
22killed in the line of duty (i) at any time before January 1,
232005, the compensation is $259,038 plus amounts equal to the
24increases for 2003 and 2004 determined under subsection (c) and
25(ii) on or after January 1, 2005, the compensation is the
26amount determined under item (i) plus the applicable increases

 

 

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1for 2005 and thereafter determined under subsection (c).
2    (c) Except as provided in subsection (b), for deaths
3occurring on or after January 1, 2003, the death compensation
4rate for death in the line of duty occurring in a particular
5calendar year shall be the death compensation rate for death
6occurring in the previous calendar year (or in the case of
7deaths occurring in 2003, the rate in effect on December 31,
82002) increased by a percentage thereof equal to the percentage
9increase, if any, in the index known as the Consumer Price
10Index for All Urban Consumers: U.S. city average, unadjusted,
11for all items, as published by the United States Department of
12Labor, Bureau of Labor Statistics, for the 12 months ending
13with the month of June of that previous calendar year.
14    (d) If no beneficiary is designated or if no designated
15beneficiary survives at the death of the law enforcement
16officer, civil defense worker, civil air patrol member,
17paramedic, fireman, chaplain, or State employee killed in the
18line of duty, the compensation shall be paid in accordance with
19a legally binding will left by the law enforcement officer,
20civil defense worker, civil air patrol member, paramedic,
21fireman, chaplain, or State employee. If the law enforcement
22officer, civil defense worker, civil air patrol member,
23paramedic, fireman, chaplain, or State employee did not leave a
24legally binding will, the compensation shall be paid as
25follows:
26        (1) when there is a surviving spouse, the entire sum

 

 

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1    shall be paid to the spouse;
2        (2) when there is no surviving spouse, but a surviving
3    descendant of the decedent, the entire sum shall be paid to
4    the decedent's descendants per stirpes;
5        (3) when there is neither a surviving spouse nor a
6    surviving descendant, the entire sum shall be paid to the
7    parents of the decedent in equal parts, allowing to the
8    surviving parent, if one is dead, the entire sum; and
9        (4) when there is no surviving spouse, descendant or
10    parent of the decedent, but there are surviving brothers or
11    sisters, or descendants of a brother or sister, who were
12    receiving their principal support from the decedent at his
13    death, the entire sum shall be paid, in equal parts, to the
14    dependent brothers or sisters or dependent descendant of a
15    brother or sister. Dependency shall be determined by the
16    Court of Claims based upon the investigation and report of
17    the Attorney General.
18The changes made to this subsection (d) by this amendatory Act
19of the 94th General Assembly apply to any pending case as long
20as compensation has not been paid to any party before the
21effective date of this amendatory Act of the 94th General
22Assembly.
23    (d-1) For purposes of subsection (d), in the case of a
24person killed in the line of duty who was a nonmarital child
25born out of wedlock and was not an adoptive child at the time
26of the person's death, a person shall be deemed to be a parent

 

 

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1of the person killed in the line of duty only if that person
2would be an eligible parent, as defined in Section 2-2 of the
3Probate Act of 1975, of the person killed in the line of duty.
4This subsection (d-1) applies to any pending claim if
5compensation was not paid to the claimant of the pending claim
6before the effective date of this amendatory Act of the 94th
7General Assembly.
8    (d-2) If no beneficiary is designated or if no designated
9beneficiary survives at the death of the Armed Forces member
10killed in the line of duty, the compensation shall be paid in
11entirety according to the designation made on the most recent
12version of the Armed Forces member's Servicemembers' Group Life
13Insurance Election and Certificate ("SGLI").
14    If no SGLI form exists at the time of the Armed Forces
15member's death, the compensation shall be paid in accordance
16with a legally binding will left by the Armed Forces member.
17    If no SGLI form exists for the Armed Forces member and the
18Armed Forces member did not leave a legally binding will, the
19compensation shall be paid to the persons and in the priority
20as set forth in paragraphs (1) through (4) of subsection (d) of
21this Section.
22    This subsection (d-2) applies to any pending case as long
23as compensation has not been paid to any party before the
24effective date of this amendatory Act of the 94th General
25Assembly.
26    (e) If there is no beneficiary designated or if no

 

 

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1designated beneficiary survives at the death of the law
2enforcement officer, civil defense worker, civil air patrol
3member, paramedic, fireman, chaplain, State employee, or Armed
4Forces member killed in the line of duty and there is no other
5person or entity to whom compensation is payable under this
6Section, no compensation shall be payable under this Act.
7    (f) No part of such compensation may be paid to any other
8person for any efforts in securing such compensation.
9    (g) This amendatory Act of the 93rd General Assembly
10applies to claims made on or after October 18, 2004 with
11respect to an Armed Forces member killed in the line of duty.
12    (h) In any case for which benefits have not been paid
13within 6 months of the claim being filed in accordance with
14this Section, which is pending as of the effective date of this
15amendatory Act of the 96th General Assembly, and in which there
16are 2 or more beneficiaries, at least one of whom would receive
17at least a portion of the total benefit regardless of the
18manner in which the Court of Claims resolves the claim, the
19Court shall direct the Comptroller to pay the minimum amount of
20money which the determinate beneficiary would receive together
21with all interest payment penalties which have accrued on that
22portion of the award being paid within 30 days of the effective
23date of this amendatory Act of the 96th General Assembly. For
24purposes of this subsection (h), "determinate beneficiary"
25means the beneficiary who would receive any portion of the
26total benefit claimed regardless of the manner in which the

 

 

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1Court of Claims adjudicates the claim.
2    (i) The Court of Claims shall ensure that all individuals
3who have filed an application to claim the duty death benefit
4for a deceased member of the Armed Forces pursuant to this
5Section or for a fireman pursuant to this Section, or their
6designated representative, shall have access, on a timely basis
7and in an efficient manner, to all information related to the
8court's consideration, processing, or adjudication of the
9claim, including, but not limited to, the following:
10        (1) a reliable estimate of when the Court of Claims
11    will adjudicate the claim, or if the Court cannot estimate
12    when it will adjudicate the claim, a full written
13    explanation of the reasons for this inability; and
14        (2) a reliable estimate, based upon consultation with
15    the Comptroller, of when the benefit will be paid to the
16    claimant.
17    (j) The Court of Claims shall send written notice to all
18claimants within 2 weeks of the initiation of a claim
19indicating whether or not the application is complete. For
20purposes of this subsection (j), an application is complete if
21a claimant has submitted to the Court of Claims all documents
22and information the Court requires for adjudicating and paying
23the benefit amount. For purposes of this subsection (j), a
24claim for the duty death benefit is initiated when a claimant
25submits any of the application materials required for
26adjudicating the claim to the Court of Claims. In the event a

 

 

HB4380 Engrossed- 79 -LRB098 14743 HEP 49634 b

1claimant's application is incomplete, the Court shall include
2in its written notice a list of the information or documents
3which the claimant must submit in order for the application to
4be complete. In no case may the Court of Claims deny a claim
5and subsequently re-adjudicate the same claim for the purpose
6of evading or reducing the interest penalty payment amount
7payable to any claimant.
8(Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10;
996-923, eff. 1-1-11.)