Public Act 096-0333
 
SB1628 Enrolled LRB096 10620 KTG 20792 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
changing Section 10-17.7 as follows:
 
    (305 ILCS 5/10-17.7)
    Sec. 10-17.7. Administrative determination of paternity.
The Illinois Department may provide by rule for the
administrative determination of paternity by the Child and
Spouse Support Unit in cases involving applicants for or
recipients of financial aid under Article IV of this Act and
other persons who are given access to the child support
enforcement services of this Article as provided in Section
10-1, including persons similarly situated and receiving
similar services in other states. The rules shall extend to
cases in which the mother and alleged father voluntarily
acknowledge paternity in the form required by the Illinois
Department or agree to be bound by the results of genetic
testing or in which the alleged father has failed to respond to
a notification of support obligation issued under Section 10-4
and to cases of contested paternity. The Illinois Department's
form for voluntary acknowledgement of paternity shall be the
same form prepared by the Illinois Department for use under the
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
parentage.
(Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    305 ILCS 5/10-17.7
    410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
    720 ILCS 5/10-5.5
    750 ILCS 5/607.1 from Ch. 40, par. 607.1
    750 ILCS 45/11 from Ch. 40, par. 2511