Illinois General Assembly - Illinois Compiled Statutes

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750 ILCS 60/222

(750 ILCS 60/222) (from Ch. 40, par. 2312-22)

Sec. 222. Notice of orders.

(a) Entry and issuance.  Upon issuance of any order of protection, the
clerk shall immediately
(i) enter the order on the record and file it
in accordance with the circuit court procedures and (ii) provide a file stamped
copy of the order to respondent, if
present, and to petitioner.

(b) Filing with sheriff.  The clerk of the issuing judge shall, or
the petitioner may, on the same day that an order of protection is
issued, file a certified copy of that order with the sheriff or other law
enforcement officials charged with maintaining Illinois State Police
records or charged with serving the order upon respondent.
 If the respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Corrections or Illinois Department of Juvenile Justice or is on parole, aftercare release, or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Illinois State Police records shall notify the Department of Corrections or Department of Juvenile Justice within 48 hours of receipt of a copy of the order of protection from the clerk of the issuing judge or the petitioner. Such notice shall include the name of the respondent, the respondent's IDOC inmate number or IDJJ youth identification number, the respondent's date of birth, and the LEADS Record Index Number.

(c) Service by sheriff.  Unless respondent was present in court when the
order was issued, the sheriff, other law enforcement official or special
process server shall
promptly serve that order upon respondent and file proof of such service,
in the manner provided for service of process in civil proceedings.
Instead of serving the order upon the respondent, however, the sheriff, other
law enforcement official, special process server, or other persons defined in Section 222.10 may serve the respondent
with a short form notification as provided in Section 222.10.
If
process has not yet been served upon the respondent, it shall be served
with the order or short form notification if such service is made by the sheriff, other law enforcement official, or special process server.  A single fee may be charged for
service of an order
obtained in civil court, or for service of such an order together with
process, unless waived or deferred under Section 210.

(c-5) If the person against whom the order of protection is issued is
arrested and the written order is issued in accordance with subsection (c) of
Section 217
and received by the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law enforcement agent shall
promptly serve the order upon the respondent or arrestee before the
respondent or arrestee is released from custody.  In no event shall detention
of the respondent or arrestee be extended for hearing on the petition for order
of protection or receipt of the order issued under Section 217 of this Act.

(d) Extensions, modifications and revocations.  Any order extending,
modifying or revoking any order of protection shall be promptly recorded,
issued and served as provided in this Section.

(e) Notice to schools.  Upon the request of the petitioner, within 24
hours of the issuance of an order of
protection, the clerk of the issuing judge shall
send a certified copy of
the order of protection to the day-care facility,
pre-school or pre-kindergarten, or private school or the principal
office of the public school district or any college or university in which any child who
is a protected person under the order of protection or any child
of
the
petitioner is enrolled as requested by the petitioner at the mailing address provided by the petitioner.
If the child transfers enrollment to another day-care facility, pre-school,
pre-kindergarten,
private school, public school, college, or university, the petitioner may,
within 24 hours
of the transfer, send to the clerk written notice of the transfer, including
the name and
address of the institution to which the child is transferring.
 Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another day-care facility,
pre-school, pre-kindergarten, private school, public school, college, or
university, the clerk shall send a certified copy of the order to the institution to which the child
is
transferring.

(f) Disclosure by schools.  After receiving a certified copy of an order
of protection that prohibits a respondent's access to records, neither a
day-care facility, pre-school, pre-kindergarten, public
or private school, college, or university nor its employees shall allow a
respondent access to a
protected child's records or release information in those records to the
respondent.  The school shall file
the copy of the order of protection in the records of a child who
is a protected person under the order of protection.  When a child who is a
protected person under the order of protection transfers to another day-care
facility, pre-school, pre-kindergarten, public or private school, college, or
university, the institution from which the child is transferring may, at the
request of the petitioner, provide,
within 24 hours of the transfer, written notice of the order of protection,
along with a certified copy of the order, to the institution to which the child
is
transferring.

(g) Notice to health care facilities and health care practitioners. Upon the request of the petitioner, the clerk of the circuit court shall send a certified copy of the order of protection to any specified health care facility or health care practitioner requested by the petitioner at the mailing address provided by the petitioner.

(h) Disclosure by health care facilities and health care practitioners. After receiving a certified copy of an order of protection that prohibits a respondent's access to records, no health care facility or health care practitioner shall allow a respondent access to the records of any child who is a protected person under the order of protection, or release information in those records to the respondent, unless the order has expired or the respondent shows a certified copy of the court order vacating the corresponding order of protection that was sent to the health care facility or practitioner. Nothing in this Section shall be construed to require health care facilities or health care practitioners to alter procedures related to billing and payment. The health care facility or health care practitioner may file the copy of the order of protection in the records of a child who is a protected person under the order of protection, or may employ any other method to identify the records to which a respondent is prohibited access. No health care facility or health care practitioner shall be civilly or professionally liable for reliance on a copy of an order of protection, except for willful and wanton misconduct.

(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)