|
requirements of Section 12 of the Vital Records Act. Any
|
presumption provided for under the Illinois Parentage Act of
|
1984 shall apply to cases in which paternity is determined |
under the rules of
the Illinois Department. The rules shall |
provide for notice and an opportunity
to be heard by the |
responsible relative and the person receiving child support |
enforcement services under this Article if paternity is
not
|
voluntarily acknowledged, and any final administrative
|
decision rendered by the Illinois Department shall be reviewed |
only under and
in accordance with the Administrative Review |
Law. Determinations of paternity
made by the Illinois |
Department under the rules authorized by this Section
shall
|
have the full force and effect of a court judgment of paternity |
entered under
the Illinois Parentage Act of 1984.
|
In determining paternity in contested cases, the Illinois |
Department shall
conduct the evidentiary hearing in accordance |
with Section 11 of the Parentage
Act of 1984, except that |
references in that Section to "the court" shall be
deemed to |
mean the Illinois Department's hearing officer in cases in |
which
paternity is determined administratively by the Illinois |
Department.
|
Notwithstanding any other provision of this Article, a
|
default determination
of
paternity may be made if service of |
the notice under Section 10-4 was made by
publication under the |
rules for administrative paternity determination
authorized by |
this Section. The rules as they pertain to service by
|
|
publication shall (i) be based on the provisions of Section |
2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide |
for service by publication in cases
in which
the whereabouts of |
the alleged father are unknown after diligent location
efforts |
by the Child and Spouse Support Unit, and (iii) provide for |
publication
of a notice of default paternity determination in |
the same manner that the
notice under Section 10-4 was |
published.
|
The Illinois Department
may implement this Section through |
the use of emergency rules in accordance
with Section 5-45 of |
the Illinois Administrative Procedure Act. For purposes
of the |
Illinois Administrative Procedure Act, the adoption of rules to
|
implement this Section shall be considered an emergency and |
necessary for
the public interest, safety, and welfare.
|
(Source: P.A. 92-590, eff. 7-1-02.)
|
Section 10. The Vital Records Act is amended by changing |
Section 12 as follows:
|
(410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
|
Sec. 12. Live births; place of registration.
|
(1) Each live birth which occurs in this State shall be |
registered
with the local or subregistrar of the district in |
which the birth occurred
as provided in this Section, within 7 |
days after the birth. When a
birth occurs on a moving |
conveyance, the city, village, township, or road
district in |
|
which the child is first removed from the conveyance shall be
|
considered the place of birth and a birth certificate shall be |
filed in the
registration district in which the place is |
located.
|
(2) When a birth occurs in an institution, the person in |
charge of the
institution or his designated representative |
shall obtain and record all
the personal and statistical |
particulars relative to the parents of the
child that are |
required to properly complete the live birth certificate; shall
|
secure the required
personal signatures on the hospital |
worksheet; shall prepare the certificate
from this worksheet; |
and shall file the certificate with the local
registrar. The |
institution shall retain the hospital worksheet permanently or
|
as
otherwise specified by rule. The
physician in attendance |
shall verify or provide the date of birth and
medical |
information required by the certificate, within 24 hours after |
the
birth occurs.
|
(3) When a birth occurs outside an institution, the |
certificate shall be
prepared and filed by one of the following |
in the indicated order of
priority:
|
(a) The physician in attendance at or immediately after |
the birth, or in
the absence of such a person,
|
(b) Any other person in attendance at or immediately |
after the birth, or
in the absence of such a person,
|
(c) The father, the mother, or in the absence of the |
father and the
inability of the mother, the person in |
|
charge of the premises where the
birth occurred.
|
(4) Unless otherwise provided in this Act, if the mother |
was not married
to the father of the child at either the time |
of conception or the time of
birth, the name of the father |
shall be entered on the child's
birth certificate only if the |
mother and the person to be named as the father
have signed an |
acknowledgment of parentage in accordance with subsection (5).
|
Unless otherwise provided in this Act, if the mother was |
married at the time
of conception or birth and the presumed |
father (that is, the mother's husband)
is not the biological |
father of the child, the name of the
biological father shall be |
entered on the child's birth certificate only if, in
accordance |
with subsection (5), (i)
the mother and the person to be named |
as the father have signed an
acknowledgment of parentage and |
(ii) the mother and presumed father have signed
a denial of |
paternity.
|
(5) Upon the birth of a child to an unmarried woman, or |
upon the birth of
a child to a woman who was married at the time |
of conception or birth and whose
husband is not the biological |
father of the child, the institution at the time
of birth and |
the local registrar or county clerk after the birth shall do |
the
following:
|
(a) Provide (i) an opportunity for the child's mother |
and father to sign
an acknowledgment of parentage and (ii) |
if the presumed father is not the
biological father, an |
opportunity for the mother and presumed father to sign a
|
|
denial of paternity. The signing and witnessing of the |
acknowledgment of
parentage or, if the presumed father of |
the child is not the biological father,
the acknowledgment |
of parentage and denial of paternity conclusively
|
establishes a parent and child relationship in accordance |
with Sections 5 and 6
of the Illinois Parentage Act of |
1984.
|
The Department of Healthcare and Family Services shall |
furnish
the acknowledgment of parentage and denial of |
paternity form to institutions,
county clerks, and State |
and local registrars' offices. The form shall
include
|
instructions to send the
original signed and witnessed |
acknowledgment of parentage and denial of
paternity to the |
Department of Healthcare and Family Services. The |
acknowledgement of paternity and denial of paternity form |
shall also include a statement informing the mother, the |
alleged father, and the presumed father, if any, that they |
have the right to request deoxyribonucleic acid (DNA) tests |
regarding the issue of the child's paternity and that by |
signing the form, they expressly waive such tests. The |
statement shall be set forth in boldface capital letters |
not less than 0.25 inches in height.
|
(b) Provide the following documents, furnished by the |
Department
of Healthcare and Family Services, to the |
child's mother, biological father, and (if the person
|
presumed to be the child's father is not the biological |
|
father) presumed father
for their review at
the time the |
opportunity is provided to establish a parent and child
|
relationship:
|
(i) An explanation of the implications of, |
alternatives to, legal
consequences of, and the rights |
and responsibilities
that arise from signing an
|
acknowledgment of parentage and, if necessary, a |
denial of
paternity, including an explanation of the |
parental rights and
responsibilities of child support, |
visitation, custody, retroactive support,
health |
insurance coverage, and payment of birth expenses.
|
(ii) An explanation of the benefits of having a |
child's parentage
established and the availability of |
parentage establishment and child
support
enforcement |
services.
|
(iii) A request for an application for child |
support enforcement
services from
the
Department of |
Healthcare and Family Services.
|
(iv) Instructions concerning the opportunity to |
speak, either by
telephone or in person, with staff of
|
the Department of Healthcare and Family Services who |
are trained to clarify information
and answer |
questions about paternity establishment.
|
(v) Instructions for completing and signing the |
acknowledgment of
parentage and denial of paternity.
|
(c) Provide an oral explanation of the documents and |
|
instructions set
forth in subdivision (5)(b), including an |
explanation of the implications of,
alternatives to, legal |
consequences of, and the rights and responsibilities
that |
arise from signing an acknowledgment of parentage and, if |
necessary, a
denial of paternity. The oral explanation may |
be given in person or through
the use of video or audio |
equipment.
|
(6) The institution, State or local registrar, or county |
clerk shall provide
an
opportunity for the child's father or |
mother to sign a rescission of parentage.
The signing and |
witnessing of the rescission of parentage voids the
|
acknowledgment of parentage and nullifies the presumption of |
paternity if
executed and filed with the Department of |
Healthcare and Family Services (formerly Illinois Department |
of Public Aid) within the
time frame contained in Section 5
of |
the Illinois Parentage Act of 1984.
The Department of |
Healthcare and Family Services shall furnish the rescission of |
parentage
form to institutions, county clerks, and State and |
local registrars' offices.
The form shall include instructions |
to send the original signed and witnessed
rescission of |
parentage to the Department of Healthcare and Family Services.
|
(7) An acknowledgment of paternity signed pursuant to |
Section 6 of the
Illinois Parentage Act of 1984 may be |
challenged in court only on the basis of
fraud, duress, or |
material mistake of fact, with the burden of proof upon the
|
challenging party. Pending outcome of a challenge to the |
|
acknowledgment of
paternity, the legal responsibilities of the |
signatories shall remain in full
force and effect, except upon |
order of the court upon a showing of good cause.
|
(8) When the process for acknowledgment of parentage as |
provided for under
subsection (5) establishes the paternity of |
a child whose certificate of birth
is on file in
another state, |
the Department of Healthcare and Family Services shall forward |
a copy of
the
acknowledgment of parentage, the denial of |
paternity, if applicable, and the
rescission of parentage, if |
applicable, to the birth record agency of the state
where the |
child's certificate of birth is on file.
|
(9) In the event the parent-child relationship has been |
established in
accordance with subdivision (a)(1) of Section 6 |
of the Parentage Act of 1984,
the names of the biological |
mother and biological father so established shall
be entered on |
the child's birth certificate, and the names of the surrogate
|
mother and surrogate mother's husband, if any, shall not be on |
the birth
certificate.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 15. The Criminal Code of 1961 is amended by |
changing Section 10-5.5 as follows:
|
(720 ILCS 5/10-5.5)
|
Sec. 10-5.5. Unlawful visitation or parenting time |
interference.
|
|
(a) As used in this Section,
the terms
"child", "detain", |
and "lawful custodian" shall have the meanings ascribed
to them |
in Section 10-5 of this Code.
|
(b) Every person who, in violation of the visitation, |
parenting time, or custody time
provisions of a court order |
relating to child custody, detains
or conceals a child with the |
intent to deprive another person of his or her
rights
to |
visitation, parenting time, or custody time shall be guilty of |
unlawful
visitation or parenting time interference.
|
(c) A person committing unlawful visitation or parenting |
time interference is
guilty of a petty offense. However, any |
person violating this Section after
2 prior convictions of |
unlawful visitation interference or unlawful visitation or |
parenting time interference is guilty
of a Class A misdemeanor.
|
(d) Any law enforcement officer who has probable cause to |
believe that
a person has committed or is committing an act in |
violation of this Section
shall issue to that person a notice |
to appear.
|
(e) The notice shall:
|
(1) be in writing;
|
(2) state the name of the person and his address, if |
known;
|
(3) set forth the nature of the offense;
|
(4) be signed by the officer issuing the notice; and
|
(5) request the person to appear before a court at a |
certain time and
place.
|
|
(f) Upon failure of the person to appear, a summons or |
warrant of arrest may
be issued.
|
(g) It is an affirmative defense that:
|
(1) a person or lawful custodian committed the act to |
protect the child
from imminent physical harm, provided |
that the defendant's belief that
there was physical harm
|
imminent was reasonable and that the defendant's conduct in |
withholding
visitation rights, parenting time, or custody |
time was a reasonable response to the harm believed |
imminent;
|
(2) the act was committed with the mutual consent of |
all parties having a
right to custody and visitation of the |
child or parenting time with the child; or
|
(3) the act was otherwise authorized by law.
|
(h) A person convicted of unlawful visitation or parenting |
time interference shall not be
subject to a civil contempt |
citation for the same conduct for violating
visitation, |
parenting time, or custody time provisions of a
court order |
issued under the Illinois Marriage and Dissolution of Marriage
|
Act.
|
(Source: P.A. 88-96.)
|
Section 20. Illinois Marriage and Dissolution of Marriage |
Act is amended by changing Section 607.1 as follows:
|
(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
|
|
Sec. 607.1. Enforcement of visitation orders; visitation |
abuse.
|
(a) The circuit court shall provide an expedited procedure |
for
enforcement of court ordered visitation in cases of |
visitation abuse.
Visitation abuse occurs when a party has |
willfully and without
justification: (1) denied another party |
visitation as set forth by the
court; or (2) exercised his or |
her visitation rights in a manner
that is harmful to the child |
or child's custodian.
|
(b) An Action may be commenced by filing a petition setting |
forth: (i)
the petitioner's name, residence address or mailing |
address, and telephone
number; (ii) respondent's name and place |
of residence, place of employment,
or mailing address; (iii) |
the nature of the visitation abuse, giving dates
and other |
relevant information; (iv) that a reasonable attempt was made |
to
resolve the dispute; and (v) the relief sought.
|
Notice of the filing of the petitions shall be given as |
provided
in Section 511.
|
(c) After hearing all of the evidence, the court may order |
one or more of
the following:
|
(1) Modification of the visitation order to |
specifically outline periods
of visitation or restrict |
visitation as provided by law.
|
(2) Supervised visitation with a third party or public |
agency.
|
(3) Make up visitation of the same time period, such as |
|
weekend for
weekend, holiday for holiday.
|
(4) Counseling or mediation, except in cases where |
there is
evidence of domestic violence, as defined in |
Section 1 of the Domestic
Violence Shelters Act, occurring |
between the parties.
|
(5) Other appropriate relief deemed equitable.
|
(d) Nothing contained in this Section shall be construed to |
limit the
court's contempt power, except as provided in |
subsection (g) of this
Section.
|
(e) When the court issues an order holding a party in |
contempt of court
for violation of a visitation order, the |
clerk shall transmit a copy of
the contempt order to the |
sheriff of the county. The sheriff shall furnish
a copy of each |
contempt order to the Department of State Police on a daily
|
basis in the form and manner required by the Department. The |
Department
shall maintain a complete record and index of the |
contempt orders and make
this data available to all local law |
enforcement agencies.
|
(f) Attorney fees and costs shall be assessed against a |
party if the
court finds that the enforcement action is |
vexatious and constitutes
harassment.
|
(g) A person convicted of unlawful visitation or parenting |
time interference under Section
10-5.5 of the Criminal Code of |
1961 shall not be subject to the provisions of
this Section and |
the court may not enter a contempt order for visitation abuse
|
against any person for the same conduct for which the person |
|
was convicted of
unlawful visitation interference or subject
|
that
person to the sanctions provided for in this Section.
|
(Source: P.A. 87-895; 88-96.)
|
Section 25. The Illinois Parentage Act of 1984 is amended |
by changing Section 11 as follows:
|
(750 ILCS 45/11) (from Ch. 40, par. 2511)
|
Sec. 11. Tests to determine inherited characteristics.
|
(a) In any action brought under Section 7 to determine the |
existence of the father and child relationship or to declare |
the non-existence of the parent and child relationship, the |
court or Administrative Hearing Officer in an Expedited Child |
Support System shall, prior to the entry of a judgment in the |
case, advise the respondent who appears of the right to request |
an order that the parties and the child submit to |
deoxyribonucleic acid (DNA) tests to determine inherited |
characteristics. The advisement shall be noted in the record. |
As soon as practicable, the court or Administrative Hearing |
Officer
in an Expedited Child Support System may, and upon |
request of a party
shall, order or direct the mother, child and |
alleged father to
submit to deoxyribonucleic acid (DNA) tests |
to determine
inherited characteristics.
If any party refuses to |
submit to the tests, the court may
resolve the
question of |
paternity against that party or enforce its order if the rights
|
of others and the interests of justice so require.
|
|
(b) The tests shall be conducted by an expert qualified as |
an examiner of
blood or tissue types and appointed by
the |
court.
The expert shall determine the testing procedures. |
However, any
interested party, for good cause shown, in advance |
of the scheduled tests,
may request a hearing to object to the
|
qualifications of the expert or the testing procedures. The
|
expert appointed by the court shall testify at the
pre-test |
hearing at the expense of the party requesting the hearing, |
except
as provided in subsection (h) of this Section for an |
indigent party. An
expert not appointed by the court shall |
testify at the pre-test hearing at
the expense of the party |
retaining the expert. Inquiry into an
expert's qualifications |
at the pre-test hearing shall not affect either
parties' right |
to have the expert qualified at trial.
|
(c) The expert shall prepare a written report of the test
|
results. If the test results show that the alleged father is |
not excluded,
the report shall contain a combined paternity |
index relating to the probability
of paternity. The expert may |
be called by the court as a witness to
testify to his or her |
findings and, if called, shall be subject to
cross-examination |
by the parties. If the test results show that the alleged
|
father is not excluded,
any party may demand that other |
experts,
qualified as examiners of blood or tissue types, |
perform independent tests
under order of court, including, but |
not limited to, blood types or other
tests of genetic markers |
such as those found by Human Leucocyte Antigen (HLA)
tests. The |
|
results of the tests may be offered into evidence. The
number |
and qualifications of the experts shall be determined by the |
court.
|
(d) Documentation of the chain of custody of the blood or
|
tissue samples, accompanied by an affidavit or certification in |
accordance
with Section 1-109 of the Code of Civil Procedure, |
is competent evidence to
establish the chain of custody.
|
(e) The report of the test results prepared by the |
appointed expert shall be
made by affidavit or
by
certification |
as provided in Section 1-109 of the Code of Civil Procedure
and |
shall be mailed to all parties. A proof of service shall be
|
filed with the court. The verified
report shall be admitted |
into evidence at trial without foundation testimony
or other |
proof of authenticity or accuracy, unless a written motion
|
challenging the admissibility of the report is filed by either |
party
within 28 days of receipt of the report, in
which case |
expert testimony shall be required.
A party may
not file such a |
motion challenging the admissibility of the report later than
|
28 days before commencement of trial. Before trial, the court
|
shall determine whether the motion is sufficient to deny |
admission of the
report by verification. Failure to make
that |
timely motion constitutes a waiver of the right to object to
|
admission by verification and shall not be
grounds for a |
continuance of the hearing to determine paternity.
|
(f) Tests taken pursuant to this Section shall have the |
following effect:
|
|
(1) If the court finds that the conclusion of the |
expert or
experts, as
disclosed by the evidence based upon |
the tests, is that the alleged father
is not the parent of |
the child, the question of paternity shall be resolved
|
accordingly.
|
(2) If the experts disagree in their findings or |
conclusions, the
question shall be weighed with other |
competent evidence of paternity.
|
(3) If the tests show that the alleged father is
not |
excluded and that the combined paternity index is less than |
500 to 1,
this evidence shall be admitted by the court and |
shall be weighed with
other competent evidence of |
paternity.
|
(4) If the tests show that the alleged father is not
|
excluded and that the combined paternity index is at least |
500 to 1, the
alleged
father is presumed to be the father, |
and this evidence shall be admitted.
This presumption may |
be rebutted by clear and convincing evidence.
|
(g) Any presumption of parentage as set forth in Section 5 |
of this Act
is rebutted if the court finds that the conclusion |
of the expert or experts
excludes
paternity of the presumed |
father.
|
(h) The expense of the tests shall be paid by the party
who |
requests the tests. Where the tests are requested by the party
|
seeking to establish paternity and that party is found to be |
indigent by
the court, the expense shall be paid by the public |
|
agency providing
representation; except that where a public |
agency is not providing
representation, the expense shall be |
paid by the county in which the action
is brought. Where the |
tests are ordered by the court on its own motion or
are |
requested by the alleged or presumed father and that father is |
found to
be indigent by the court, the expense shall be paid by |
the county in which
the action is brought. Any part of the |
expense may be taxed as costs in the
action, except that no |
costs may be taxed against a public agency that has
not |
requested the tests.
|
(i) The compensation of each expert witness appointed by |
the court shall
be paid as provided in subsection (h) of this |
Section. Any part of
the payment may be taxed as costs in the |
action, except that
no costs may be taxed against a public |
agency that has not requested the
services of the expert |
witness.
|
(j) Nothing in this Section shall prevent any party from |
obtaining tests
of his or her own blood or tissue independent |
of those ordered by the court
or from
presenting expert |
testimony interpreting those tests or any other blood
tests |
ordered pursuant to this Section. Reports of all the
|
independent tests, accompanied by affidavit or certification |
pursuant to
Section 1-109 of the Code of Civil Procedure, and |
notice of any expert
witnesses to be called to testify to the |
results of those tests shall be
submitted to all parties at |
least 30 days before any hearing set to
determine the issue of |