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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0102eng
750 ILCS 45/18 from Ch. 40, par. 2518
Amends the Illinois Parentage Act of 1984. Permits the
court to appoint the Public Defender to represent an indigent
defendant in the trial court in cases establishing the parent
and child relationship and an order for support (now the
court must appoint the Public Defender in these cases).
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1 AN ACT to amend the Illinois Parentage Act of 1984 by
2 changing Sections 9.1 and 18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Parentage Act of 1984 is amended
6 by changing Sections 9.1 and 18 as follows:
7 (750 ILCS 45/9.1) (from Ch. 40, par. 2509.1)
8 Sec. 9.1. Notice to Presumed Father. (a) In any action
9 brought under Section 6 or 7 of this Act where the man
10 signing the petition for an order establishing the existence
11 of the parent and child relationship by consent or the man
12 alleged to be the father in a complaint is different from a
13 man who is presumed to be father of the child under Section
14 5, a notice shall be served on the presumed father in the
15 same manner as summonses are served in other civil
16 proceedings or, in lieu of personal service, service may be
17 made as follows:
18 (1) The person requesting notice shall pay to the Clerk
19 of the Court a mailing fee of $1.50 and furnish to the Clerk
20 an original and one copy of a notice together with an
21 affidavit setting forth the presumed father's last known
22 address. The original notice shall be retained by the Clerk.
23 (2) The Clerk shall promptly mail to the presumed
24 father, at the address appearing in the affidavit, the copy
25 of the notice, certified mail, return receipt requested. The
26 envelope and return receipt shall bear the return address of
27 the Clerk. The receipt for certified mail shall state the
28 name and address of the addressee, and the date of mailing,
29 and shall be attached to the original notice.
30 (3) The return receipt, when returned to the Clerk,
31 shall be attached to the original notice, and shall
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1 constitute proof of service.
2 (4) The Clerk shall note the fact of service in a
3 permanent record.
4 (b) The notice shall read as follows:
5 IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER.
6 You have been identified as the presumed father of
7 ......... born on .........
8 The mother of the child is .........
9 An action is being brought to establish the parent and
10 child relationship between the named child and a man named by
11 the mother, .........
12 Under the law, you are presumed to be the father if (1)
13 you and the child's mother are or have been married to each
14 other, and the child was born or conceived during the
15 marriage; or if (2) upon the child's birth, you and the
16 child's mother married each other and you were named, with
17 your consent, as the child's father on the child's birth
18 certificate.
19 As the presumed father, you have certain legal rights
20 with respect to the named child, including the right to
21 notice of the filing of proceedings instituted for the
22 establishment of parentage of said child and if named as the
23 father in a petition to establish parentage, the right to
24 submit, along with the mother and child, to deoxyribonucleic
25 acid (DNA) tests to determine inherited characteristics. If
26 you wish to retain your rights with respect to said child,
27 you must file with the Clerk of this Circuit Court of
28 ......... County, Illinois whose address is ........,
29 Illinois, within 30 days after the date of receipt of this
30 notice, a declaration of parentage stating that you are, in
31 fact, the father of said child and that you intend to retain
32 your legal rights with respect to said child, or request to
33 be notified of any further proceedings with respect to the
34 parentage of said child.
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1 If you do not file such declaration of parentage, or a
2 request for notice, then whatever legal rights you have with
3 respect to the named child, including the right to notice of
4 any future proceedings for the establishment of parentage of
5 the child, may be terminated without any further notice to
6 you. When your legal rights with respect to the named child
7 are so terminated, you will not be entitled to notice of any
8 future proceedings.
9 (c) The notice to presumed fathers provided for in this
10 Section in any action brought by a public agency shall be
11 prepared and mailed by such public agency and the mailing fee
12 to the Clerk shall be waived.
13 (Source: P.A. 84-848.)
14 (750 ILCS 45/18) (from Ch. 40, par. 2518)
15 Sec. 18. Right to Counsel; Free Transcript on Appeal.
16 (a) Any party may be represented by counsel at all
17 proceedings under this Act. In the best interests of the
18 child, the court may appoint counsel to represent a child
19 whose parentage is at issue.
20 (b) Upon the request of a mother or child seeking to
21 establish the existence of a father and child relationship,
22 the State's Attorney shall represent the mother or child in
23 the trial court. If the child is an applicant for or a
24 recipient of assistance as defined in Section 2-6 of "The
25 Illinois Public Aid Code", approved April 11, 1967, as
26 amended, or has applied to the Illinois Department of Public
27 Aid for services under Article X of such Code, the Department
28 may file a complaint in the child's behalf under this Act.
29 The Department shall refer the complaint to the Public Aid
30 Claims Enforcement Division of the Office of the Attorney
31 General as provided in Section 12-16 of "The Illinois Public
32 Aid Code" for enforcement by the Attorney General. Legal
33 representation by the State's Attorney or the Attorney
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1 General shall be limited to the establishment and enforcement
2 of an order for support, and shall not extend to visitation,
3 custody, property or other matters. If visitation, custody,
4 property or other matters are raised by a party and
5 considered by the court in any proceeding under this Act, the
6 court shall provide a continuance sufficient to enable the
7 mother or child to obtain representation for such matters.
8 (c) The Court may shall appoint the Public Defender, or
9 if there is no Public Defender other counsel, to represent
10 any indigent defendant in the trial court, except that this
11 representation shall be limited to the establishment of a
12 parent and child relationship and an order for support, and
13 shall not extend to visitation, custody, property,
14 enforcement of an order for support, or other matters. If
15 visitation, custody, property or other matters are raised by
16 a party and considered by the court in any proceeding under
17 this Act, the court shall provide a continuance sufficient to
18 enable the defendant to obtain representation for such
19 matters.
20 (d) The court shall furnish on request of any indigent
21 party a transcript for purposes of appeal.
22 (Source: P.A. 86-522.)