97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6191

 

Introduced , by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Illinois Parentage Act of 2012. Provides methods for the establishment of a parent-child relationship. Authorizes genetic testing. Provides for temporary relief and proceedings to adjudicate parentage. Establishes procedures regarding parentage of a child of assisted reproduction. Provides for child support establishment and enforcement. Repeals the Illinois Parentage Act and the Illinois Parentage Act of 1984. Amends numerous Acts to make conforming changes.


LRB097 13524 JLS 69734 b

 

 

A BILL FOR

 

HB6191LRB097 13524 JLS 69734 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. GENERAL PROVISIONS

 
5    Section 101. Short title. This Act may be cited as the
6Illinois Parentage Act of 2012.
 
7    Section 102. Public policy. Illinois recognizes the right
8of every child to the physical, mental, emotional, and
9financial support of his or her parents. The parent-child
10relationship, including support obligations, extends equally
11to every child and to every parent, regardless of the legal
12relationship of the parents, and regardless of whether a parent
13is a minor.
 
14    Section 103. Definitions. In this Act:
15    (a) "Acknowledged father" means a man who has established a
16father-child relationship under Article 3.
17    (b) "Adjudicated father" means a man who has been
18adjudicated by a court of competent jurisdiction, or as
19authorized under Article X of the Illinois Public Aid Code, to
20be the father of a child.
21    (c) "Alleged father" means a man who alleges himself to be,

 

 

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1or is alleged to be, the biological father or a possible
2biological father of a child, but whose paternity has not been
3established. The term does not include:
4        (1) a presumed or acknowledged father;
5        (2) a man whose parental rights have been terminated or
6    declared not to exist; or
7        (3) a male donor.
8    (d) "Assisted reproduction" means a method of causing
9pregnancy other than sexual intercourse. The term includes:
10        (1) intrauterine insemination;
11        (2) donation of eggs;
12        (3) donation of embryos;
13        (4) in-vitro fertilization and transfer of embryos;
14    and
15        (5) intracytoplasmic sperm injection.
16    (e) "Child" means an individual of any age whose parentage
17may be established under this Act.
18    (f) "Combined paternity index" means the likelihood of
19paternity calculated by computing the ratio between:
20        (1) the likelihood that the tested man is the father,
21    based on the genetic markers of the tested man, mother, and
22    child, conditioned on the hypothesis that the tested man is
23    the father of the child; and
24        (2) the likelihood that the tested man is not the
25    father, based on the genetic markers of the tested man,
26    mother, and child, conditioned on the hypothesis that the

 

 

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1    tested man is not the father of the child and that the
2    father is of the same ethnic or racial group as the tested
3    man.
4    (g) "Commence" means to file the initial pleading seeking
5an adjudication of parentage in the circuit court of this
6State.
7    (h) "Determination of parentage" means the establishment
8of the parent-child relationship by the signing of a Voluntary
9Acknowledgment of Paternity under Article 3 or adjudication by
10the court or as authorized under Article X of the Illinois
11Public Aid Code.
12    (i) "Donor" means an individual who contributes a gamete or
13gametes used for assisted reproduction, whether or not for
14consideration. The term does not include:
15        (1) a husband who provides sperm, or a wife who
16    provides eggs, to be used for assisted reproduction by the
17    wife;
18        (2) a woman who gives birth to a child by means of
19    assisted reproduction, except as otherwise provided in the
20    Gestational Surrogacy Act; or
21        (3) a parent under Article 7, or an intended parent
22    under the Gestational Surrogacy Act.
23    (j) "Ethnic or racial group" means, for purposes of genetic
24testing, a recognized group that an individual identifies as
25all or part of the individual's ancestry or that is so
26identified by other information.

 

 

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1    (k) "Gamete" means either a sperm or an egg.
2    (l) "Genetic testing" means an analysis of genetic markers
3to exclude or identify a man as the father or a woman as the
4mother of a child as provided in Article 4 of this Act.
5    (m) "Gestational mother" means an adult woman who gives
6birth to a child under a gestational agreement.
7    (n) "Man" means a male individual of any age.
8    (o) "Parent" means an individual who has established a
9parent-child relationship under Section 201.
10    (p) "Parent-child relationship" means the legal
11relationship between a child and a parent of the child.
12    (q) "Presumed parent" means an individual who, by operation
13of law under Section 204, is recognized as the parent of a
14child until that status is rebutted or confirmed in a judicial
15or administrative proceeding.
16    (r) "Probability of paternity" means the measure, for the
17ethnic or racial group to which the alleged father belongs, of
18the probability that the man in question is the father of the
19child, compared with a random, unrelated man of the same ethnic
20or racial group, expressed as a percentage incorporating the
21combined paternity index and a prior probability.
22    (s) "Record" means information that is inscribed on a
23tangible medium or that is stored in an electronic or other
24medium and is retrievable in perceivable form.
25    (t) "Signatory" means an individual who authenticates a
26record and is bound by its terms.

 

 

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1    (u) "State" means a state of the United States, the
2District of Columbia, Puerto Rico, the United States Virgin
3Islands, or any territory or insular possession subject to the
4jurisdiction of the United States.
5    (v) "Support-enforcement agency" means a public official
6or agency authorized to seek:
7        (1) enforcement of support orders or laws relating to
8    the duty of support;
9        (2) establishment or modification of child support;
10        (3) determination of parentage; or
11        (4) location of child-support obligors and their
12    income and assets.
 
13    Section 104. Scope of Act; choice of law.
14    (a) This Act applies to determination of parentage in this
15State.
16    (b) The court shall apply the law of this State to
17adjudicate the parent-child relationship. The applicable law
18does not depend on:
19        (1) the place of birth of the child; or
20        (2) the past or present residence of the child.
21    (c) This Act does not create, enlarge, or diminish parental
22rights or duties under other law of this State.
 
23    Section 105. Authority to establish parentage. The circuit
24courts are authorized to establish parentage under this Act.

 

 

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1The Illinois Department of Healthcare and Family Services may
2make administrative determinations of paternity and
3nonpaternity in accordance with Section 10-17.7 of the Illinois
4Public Aid Code. Such administrative determinations shall have
5the full force and effect of court judgments entered under this
6Act.
 
7    Section 106. Protection of participants. Proceedings under
8this Act are subject to other law of this State governing the
9health, safety, privacy, and liberty of a child or other
10individual who could be jeopardized by disclosure of
11identifying information, including address, telephone number,
12place of employment, social security number, and the child's
13day-care facility and school.
 
14
ARTICLE 2. PARENT-CHILD RELATIONSHIP

 
15    Section 201. Establishment of parent-child relationship.
16    (a) The parent-child relationship is established between a
17woman and a child by:
18        (1) the woman's having given birth to the child, except
19    as otherwise provided in the Gestational Surrogacy Act;
20        (2) an adjudication of the woman's parentage;
21        (3) adoption of the child by the woman;
22        (4) a determination confirming the woman as a parent of
23    a child born to a gestational mother if a gestational

 

 

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1    agreement is valid under the Gestational Surrogacy Act or
2    is enforceable under other law; or
3        (5) an unrebutted presumption of the woman's parentage
4    of the child under Section 204.
5    (b) The parent-child relationship is established between a
6man and a child by:
7        (1) an unrebutted presumption of the man's parentage of
8    the child under Section 204;
9        (2) an effective Voluntary Acknowledgment of Paternity
10    by the man under Article 3, unless the acknowledgment has
11    been rescinded or successfully challenged;
12        (3) an adjudication of the man's parentage;
13        (4) adoption of the child by the man;
14        (5) the man's having consented to assisted
15    reproduction by a woman under Article 7 which resulted in
16    the birth of the child; or
17        (6) a determination confirming the man as a parent of a
18    child born to a gestational surrogate if there is a
19    gestational agreement valid under the Gestational
20    Surrogacy Act or there is a surrogacy agreement enforceable
21    under other law.
22    (c) Insofar as practicable, the provisions of this Act
23applicable to parent-child relationships shall apply equally
24to men and women as parents, including, but not limited to, the
25obligation to support.
 

 

 

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1    Section 202. Parents' legal relationship. Every child has
2equal rights under the law regardless of the parents' legal
3relationship.
 
4    Section 203. Consequences of establishment of parentage. A
5parent-child relationship established under this Act applies
6for all purposes, except as otherwise specifically provided by
7other law of this State.
 
8    Section 204. Presumption of parentage.
9    (a) A man is presumed to be the parent of a child if:
10        (1) he and the mother of the child are married to each
11    other or are in a state-recognized civil union and the
12    child is born to the mother during the marriage or civil
13    union, except as provided by the Gestational Surrogacy Act
14    or Article 7 of this Act;
15        (2) he and the mother of the child were married to each
16    other or were in a state-recognized civil union and the
17    child is born to the mother within 300 days after the
18    marriage or civil union is terminated by death, declaration
19    of invalidity of marriage or civil union, judgment for
20    dissolution of marriage or civil union, or after a judgment
21    for legal separation, except as provided by the Gestational
22    Surrogacy Act or Article 7 of this Act;
23        (3) before the birth of the child, he and the mother of
24    the child married each other or entered into a

 

 

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1    state-recognized civil union in apparent compliance with
2    law, even if the attempted marriage or civil union is or
3    could be declared invalid, and the child is born during the
4    invalid marriage or civil union or within 300 days after
5    its termination by death, declaration of invalidity of
6    marriage or civil union, judgment for dissolution of
7    marriage or civil union, or after a judgment for legal
8    separation, except as provided by the Gestational
9    Surrogacy Act or Article 7 of this Act;
10        (4) after the child's birth, he and the child's mother
11    have married each other or entered into a state-recognized
12    civil union, even though the marriage or civil union is or
13    could be declared invalid, and he is named, with his
14    written consent, as the child's father on the child's birth
15    certificate; or
16        (5) for the first 2 years of the child's life, he
17    resided in a household with the child and openly held out
18    the child as his own during that time.
19    (b) A woman is presumed to be the parent of a child if she
20and the natural mother of the child were in a state-recognized
21civil union or marriage at the time of the birth and the
22natural father of the child has not commenced an action to
23establish his parentage.
 
24    Section 205. Proceedings to declare the non-existence of
25the parent-child relationship.

 

 

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1    (a) An action to declare the non-existence of the
2parent-child relationship may be brought by the child, the
3natural mother, or a man or woman presumed to be the parent
4under Section 204 of this Act. Actions brought by the child,
5the natural mother, or a presumed parent shall be brought by
6verified complaint, which shall be designated a petition. After
7the presumption that a man or woman presumed to be the parent
8under Section 204 of this Act has been rebutted, parentage of
9the child by another man or woman may be established in the
10same action, if he or she has been made a party.
11    (b) An action to declare the non-existence of the
12parent-child relationship brought under subsection (a) of this
13Section shall be barred if brought later than 2 years after the
14petitioner obtains knowledge of the relevant facts. The 2-year
15period for bringing an action to declare the non-existence of
16the parent-child relationship shall not extend beyond the date
17on which the child reaches the age of 18 years. Failure to
18bring an action within 2 years shall not bar any party from
19asserting a defense in any action to declare the existence of
20the parent-child relationship.
21    (c) An action to declare the non-existence of the
22parent-child relationship may be brought subsequent to an
23adjudication of parentage in any judgment by the man
24adjudicated to be the parent pursuant to a presumption in
25paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
26of deoxyribonucleic acid (DNA) testing, it is discovered that

 

 

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1the man adjudicated to be the father is not the natural father
2of the child. Actions brought by the adjudicated father shall
3be brought by verified petition. If, as a result of the
4deoxyribonucleic acid (DNA) testing, the petitioner is
5determined not to be the natural father of the child, the
6adjudication of paternity and any orders regarding custody,
7parenting time, and future payments of support may be vacated.
8    (d) An action to declare the non-existence of the
9parent-child relationship brought under subsection (c) of this
10Section shall be barred if brought more than 2 years after the
11petitioner obtains actual knowledge of relevant facts. The
122-year period shall not apply to periods of time where the
13natural mother or the child refuses to submit to
14deoxyribonucleic acid (DNA) testing. The 2-year period for
15bringing an action to declare the non-existence of the
16parent-child relationship shall not extend beyond the date on
17which the child reaches the age of 18 years.
 
18
ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

 
19    Section 301. Voluntary Acknowledgment of Paternity. A
20parent-child relationship may be established voluntarily by
21the signing and witnessing of a Voluntary Acknowledgment of
22Paternity in accordance with Section 12 of the Vital Records
23Act and Section 10-17.7 of the Illinois Public Aid Code. The
24Voluntary Acknowledgment of Paternity shall contain the social

 

 

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1security numbers of the persons signing the Voluntary
2Acknowledgment of Paternity; however, failure to include the
3social security numbers of the persons signing a Voluntary
4Acknowledgment of Paternity does not invalidate the Voluntary
5Acknowledgment of Paternity.
 
6    Section 302. Execution of Voluntary Acknowledgment of
7Paternity.
8    (a) A Voluntary Acknowledgment of Paternity must:
9        (1) be in a record;
10        (2) be signed, or otherwise authenticated, under
11    penalty of perjury by the mother and by the man seeking to
12    establish his paternity;
13        (3) state that the child whose paternity is being
14    acknowledged:
15            (A) does not have a presumed father, or has a
16        presumed father whose full name is stated; and
17            (B) does not have another acknowledged or
18        adjudicated father;
19        (4) be witnessed; and
20        (5) state that the signatories understand that the
21    acknowledgment is the equivalent of a judicial
22    adjudication of paternity of the child and that a challenge
23    to the acknowledgment is permitted only under limited
24    circumstances and is barred after 4 years.
25    (b) An acknowledgment of paternity is void if it:

 

 

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1        (1) states that another man is a presumed father,
2    unless a denial of paternity signed or otherwise
3    authenticated by the presumed father is filed with the
4    Illinois Department of Healthcare and Family Services, as
5    provided by law;
6        (2) states that another man is an acknowledged or
7    adjudicated father; or
8        (3) falsely denies the existence of a presumed,
9    acknowledged, or adjudicated father of the child.
10    (c) A presumed father may sign or otherwise authenticate an
11acknowledgment of paternity.
 
12    Section 303. Denial of paternity. A presumed father may
13sign a denial of his paternity. The denial is valid only if:
14    (a) a Voluntary Acknowledgment of Paternity signed, or
15otherwise authenticated, by another man is filed pursuant to
16Section 305;
17    (b) the denial is in a record, and is signed, or otherwise
18authenticated, under penalty of perjury; and
19    (c) the presumed father has not previously:
20        (1) acknowledged his paternity, unless the previous
21    acknowledgment has been rescinded pursuant to Section 307
22    or successfully challenged pursuant to Section 308; or
23        (2) been adjudicated to be the father of the child.
 
24    Section 304. Rules for acknowledgment and denial of

 

 

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1paternity.
2    (a) An acknowledgment of paternity and a denial of
3paternity may be contained in a single document or may be
4signed in counterparts, and may be filed separately or
5simultaneously. If the acknowledgement and denial are both
6necessary, neither is valid until both are filed.
7    (b) An acknowledgment of paternity or a denial of paternity
8may be signed before the birth of the child.
9    (c) Subject to subsection (a), an acknowledgment of
10paternity or denial of paternity takes effect on the birth of
11the child or the filing of the document with the Illinois
12Department of Healthcare and Family Services, as provided by
13law, whichever occurs later.
14    (d) An acknowledgment of paternity or denial of paternity
15signed by a minor is valid if it is otherwise in compliance
16with this Act.
 
17    Section 305. Effect of acknowledgment or denial of
18paternity.
19    (a) Except as otherwise provided in Sections 307 and 308, a
20valid acknowledgment of paternity filed with the Illinois
21Department of Healthcare and Family Services, as provided by
22law, is equivalent to an adjudication of the paternity of a
23child and confers upon the acknowledged father all of the
24rights and duties of a parent.
25    (b) Notwithstanding any other provisions of this Act,

 

 

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1paternity established in accordance with Section 301 has the
2full force and effect of a judgment entered under this Act and
3serves as a basis for seeking a child support order without any
4further proceedings to establish paternity.
5    (c) A judicial or administrative proceeding to ratify
6paternity established in accordance with Section 301 is neither
7required nor permitted.
8    (d) Except as otherwise provided in Sections 307 and 308, a
9valid denial of paternity by a presumed father filed with the
10Illinois Department of Healthcare and Family Services, as
11provided by law, in conjunction with a Voluntary Acknowledgment
12of Paternity, is equivalent to an adjudication of the
13nonpaternity of the presumed father and discharges the presumed
14father from all rights and duties of a parent.
 
15    Section 306. No filing fee. The Illinois Department of
16Healthcare and Family Services, as provided by law, may not
17charge for filing a Voluntary Acknowledgment of Paternity or
18denial of paternity.
 
19    Section 307. Proceeding for rescission. A signatory may
20rescind a Voluntary Acknowledgment of Paternity or denial of
21paternity by filing a signed and witnessed rescission with the
22Illinois Department of Healthcare and Family Services as
23provided in Section 12 of the Vital Records Act, before the
24earlier of:

 

 

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1    (a) 60 days after the effective date of the acknowledgment
2or denial, as provided in Section 304; or
3    (b) the date of a judicial or administrative proceeding
4relating to the child (including a proceeding to establish a
5support order) in which the signatory is a party.
 
6    Section 308. Challenge after expiration of period for
7rescission. After the period for rescission under Section 307
8has expired, a signatory of a Voluntary Acknowledgment of
9Paternity or denial of paternity may commence a proceeding to
10challenge the acknowledgment or denial only as provided in
11Section 309.
 
12    Section 309. Procedure for challenge.
13    (a) An acknowledgment of paternity and any related denial
14of paternity may be challenged only on the basis of fraud,
15duress, or material mistake of fact by filing a verified
16petition pursuant to this Section within 4 years after the
17effective date of the acknowledgment or denial, as provided in
18Section 304. Time during which the person challenging the
19acknowledgment or denial is under legal disability or duress or
20the ground for relief is fraudulently concealed shall be
21excluded in computing the period of 4 years.
22    (b) The verified petition shall be filed in the county
23where a proceeding relating to the child was brought, such as a
24support proceeding or, if none exists, in the county where the

 

 

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1child resides. Every signatory to the acknowledgment of
2paternity and any related denial of paternity must be made a
3party to a proceeding to challenge the acknowledgment or
4denial. The party challenging the acknowledgment or denial
5shall have the burden of proof.
6    (c) For the purpose of a challenge to an acknowledgment of
7paternity or denial of paternity, a signatory submits to
8personal jurisdiction of this State by signing the
9acknowledgment and any related denial, effective upon the
10filing of the acknowledgment and any related denial with the
11Illinois Department of Healthcare and Family Services, as
12provided in Section 12 of the Vital Records Act.
13    (d) Except for good cause shown, during the pendency of a
14proceeding to challenge an acknowledgment of paternity or
15denial of paternity, the court may not suspend the legal
16responsibilities of a signatory arising from the
17acknowledgment, including the duty to pay child support.
18    (e) At the conclusion of a proceeding to challenge an
19acknowledgment of paternity or denial of paternity, the court
20shall order the Illinois Department of Public Health to amend
21the birth record of the child, if appropriate. A copy of an
22order entered at the conclusion of a proceeding to challenge
23shall be provided to the Illinois Department of Healthcare and
24Family Services.
 
25    Section 310. Ratification barred. A court or

 

 

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1administrative agency conducting a judicial or administrative
2proceeding is not required or permitted to ratify an
3unchallenged acknowledgment of paternity.
 
4    Section 311. Full faith and credit. A court of this State
5shall give full faith and credit to an acknowledgment of
6paternity or denial of paternity effective in another state if
7the acknowledgment or denial has been signed and is otherwise
8in compliance with the law of the other state.
 
9    Section 312. Forms for acknowledgment and denial of
10paternity.
11    (a) To facilitate compliance with this Article, the
12Illinois Department of Healthcare and Family Services shall
13prescribe forms for the acknowledgment of paternity and the
14denial of paternity and for the rescission of acknowledgement
15or denial consistent with Section 307.
16    (b) A Voluntary Acknowledgment of Paternity or denial of
17paternity is not affected by a later modification of the
18prescribed form.
 
19    Section 313. Release of information. The Illinois
20Department of Healthcare and Family Services may release
21information relating to the acknowledgment of paternity or
22denial of paternity to a signatory of the acknowledgment or
23denial; to the child's guardian, the emancipated child, or the

 

 

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1legal representatives of those individuals; to appropriate
2federal agencies; and to courts and appropriate agencies of
3this State or another state.
 
4    Section 314. Adoption of rules. The Illinois Department of
5Public Health and the Illinois Department of Healthcare and
6Family Services may adopt rules to implement this Article.
 
7
ARTICLE 4. GENETIC TESTING

 
8    Section 401. Proceeding authorized. As soon as
9practicable, the court or Administrative Hearing Officer in an
10Expedited Child Support System may, and upon request of a party
11shall, order or direct the mother, child, and alleged father to
12submit to deoxyribonucleic acid (DNA) testing to determine
13inherited characteristics. If any party refuses to submit to
14genetic testing, the court may resolve the question of
15paternity against that party or enforce its order if the rights
16of others and the interests of justice so require.
 
17    Section 402. Requirements for genetic testing.
18    (a) The genetic testing shall be conducted by an expert
19qualified as an examiner of blood or tissue types and appointed
20by the court. The expert shall determine the genetic testing
21procedures. However, any interested party, for good cause
22shown, in advance of the scheduled genetic testing, may request

 

 

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1a hearing to object to the qualifications of the expert or the
2genetic testing procedures. The expert appointed by the court
3shall testify at the pre-test hearing at the expense of the
4party requesting the hearing, except as provided in Section 504
5for an indigent party. An expert not appointed by the court
6shall testify at the pre-test hearing at the expense of the
7party retaining the expert. Inquiry into an expert's
8qualifications at the pre-test hearing shall not affect either
9party's right to have the expert qualified at trial.
10    (b) Genetic testing must be of a type reasonably relied
11upon by experts in the field of genetic testing and performed
12in a testing laboratory accredited by the American Association
13of Blood Banks, or a successor to its functions.
14    (c) A specimen used in genetic testing may consist of one
15or more samples, or a combination of samples, of blood, buccal
16cells, bone, hair, or other body tissue or fluid.
17    (d) The testing laboratory shall determine the databases
18from which to select frequencies for use in calculation of the
19probability of paternity based on the ethnic or racial group of
20an individual or individuals. If there is disagreement as to
21the testing laboratory's choice, the following rules apply:
22        (1) The individual objecting may require the testing
23    laboratory, within 30 days after receipt of the report of
24    the genetic testing, to recalculate the probability of
25    paternity using an ethnic or racial group different from
26    that used by the laboratory.

 

 

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1        (2) The individual objecting to the testing
2    laboratory's initial choice shall:
3            (A) if the frequencies are not available to the
4        testing laboratory for the ethnic or racial group
5        requested, provide the requested frequencies compiled
6        in a manner recognized by accrediting bodies; or
7            (B) engage another testing laboratory to perform
8        the calculations.
9    (e) If, after recalculation using a different ethnic or
10racial group, genetic testing does not reputably identify a man
11as the father of a child, an individual who has been tested may
12be required to submit to additional genetic testing.
 
13    Section 403. Genetic test results.
14    (a) The expert shall prepare a written report of the
15genetic test results. If the genetic test results show that the
16alleged father is not excluded, the report shall contain
17statistics based upon the statistical formula of combined
18paternity index (CPI) and the probability of paternity as
19determined by the probability of exclusion (Random Man Not
20Excluded = RMNE). The expert may be called by the court as a
21witness to testify to his or her findings and, if called, shall
22be subject to cross-examination by the parties. If the genetic
23test results show that the alleged father is not excluded, any
24party may demand that other experts, qualified as examiners of
25blood or tissue types, perform independent genetic testing

 

 

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1under order of court, including, but not limited to, blood
2types or other testing of genetic markers. The results of the
3genetic testing may be offered into evidence. The number and
4qualifications of the experts shall be determined by the court.
5    (b) Documentation of the chain of custody of the blood or
6tissue samples, accompanied by an affidavit or certification in
7accordance with Section 1-109 of the Code of Civil Procedure,
8is competent evidence to establish the chain of custody.
9    (c) The report of the genetic test results prepared by the
10appointed expert shall be made by affidavit or by certification
11as provided in Section 1-109 of the Code of Civil Procedure and
12shall be mailed to all parties. A proof of service shall be
13filed with the court. The verified report shall be admitted
14into evidence at trial without foundation testimony or other
15proof of authenticity or accuracy, unless a written motion
16challenging the admissibility of the report is filed by either
17party within 28 days of receipt of the report, in which case
18expert testimony shall be required. A party may not file such a
19motion challenging the admissibility of the report later than
2028 days before commencement of trial. Before trial, the court
21shall determine whether the motion is sufficient to deny
22admission of the report by verification. Failure to make that
23timely motion constitutes a waiver of the right to object to
24admission by verification and shall not be grounds for a
25continuance of the hearing to establish paternity.
 

 

 

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1    Section 404. Effect of genetic testing. Genetic testing
2taken pursuant to this Section shall have the following effect:
3    (a) If the court finds that the conclusion of the expert or
4experts, as disclosed by the evidence based upon the genetic
5testing, is that the alleged father is not the parent of the
6child, the question of paternity shall be resolved accordingly.
7    (b) If the experts disagree in their findings or
8conclusions, the question shall be weighed with other competent
9evidence of paternity.
10    (c) If the genetic testing results indicate that the
11alleged father is not excluded and that the combined paternity
12index is at least 1,000 to 1, and there is at least a 99.9%
13probability of paternity, the alleged father is presumed to be
14the father, and this evidence shall be admitted.
15    (d) A man identified under subsection (c) of this Section
16as the father of the child may rebut the genetic testing
17results by other genetic testing satisfying the requirements of
18this Article which:
19        (1) excludes the man as a genetic father of the child;
20    or
21        (2) identifies another man as the possible father of
22    the child.
23    (e) Except as otherwise provided in this Article 4, if more
24than one man is identified by genetic testing as the possible
25father of the child, the court shall order them to submit to
26further genetic testing to identify the genetic father.
 

 

 

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1    Section 405. Cost of genetic testing. The expense of the
2genetic testing shall be paid by the party who requests the
3genetic testing, except that the court may apportion the costs
4between the parties, upon request. When the genetic testing is
5requested by the party seeking to establish paternity and that
6party is found to be indigent by the court, the expense shall
7be paid by the public agency providing representation; except
8that where a public agency is not providing representation, the
9expense shall be paid by the county in which the action is
10brought. When the genetic testing is ordered by the court on
11its own motion or is requested by the alleged or presumed
12father and that father is found to be indigent by the court,
13the expense shall be paid by the county in which the action is
14brought. Any part of the expense may be taxed as costs in the
15action, except that no costs may be taxed against a public
16agency that has not requested the genetic testing.
 
17    Section 406. Compensation of expert. The compensation of
18each expert witness appointed by the court shall be paid as
19provided in Section 405. Any part of the payment may be taxed
20as costs in the action, except that no costs may be taxed
21against a public agency that has not requested the services of
22the expert witness.
 
23    Section 407. Independent genetic testing. Nothing in this

 

 

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1Section shall prevent any party from obtaining genetic testing
2of his or her own blood or tissue independent of those ordered
3by the court or from presenting expert testimony interpreting
4those tests or any other blood tests ordered pursuant to this
5Section. Reports of all the independent tests, accompanied by
6affidavit or certification pursuant to Section 1-109 of the
7Code of Civil Procedure, and notice of any expert witnesses to
8be called to testify to the results of those tests shall be
9submitted to all parties at least 30 days before any hearing
10set to determine the issue of parentage.
 
11    Section 408. Additional persons to be tested.
12    (a) Subject to subsection (b), if a genetic-testing
13specimen is not available from a man who may be the father of a
14child, for good cause and under circumstances the court
15considers to be just, the court may order the following
16individuals to submit specimens for genetic testing:
17        (1) the parents of the man;
18        (2) brothers and sisters of the man;
19        (3) other children of the man and their mothers; and
20        (4) other relatives of the man necessary to complete
21    genetic testing.
22    (b) Issuance of an order under this Section requires a
23finding that a need for genetic testing outweighs the
24legitimate interests of the individual sought to be tested and
25in no event shall such an order be issued until the individual

 

 

HB6191- 26 -LRB097 13524 JLS 69734 b

1is joined as a party and given notice as required under the
2Code of Civil Procedure.
 
3
ARTICLE 5. TEMPORARY RELIEF

 
4    Section 501. Temporary order.
5    (a) On motion by a party and a showing of clear and
6convincing evidence of parentage, the court shall issue a
7temporary order for support of a child if the order is
8appropriate and the individual ordered to pay support is:
9        (1) a presumed parent of the child;
10        (2) petitioning to have parentage adjudicated;
11        (3) identified as the father through genetic testing
12    under Article 4;
13        (4) an alleged father who has declined to submit to
14    genetic testing;
15        (5) shown by clear and convincing evidence to be the
16    child's father; or
17        (6) the mother of the child.
18    In determining the amount of a temporary child support
19award, the court shall use the guidelines and standards set
20forth in Sections 505 and 505.2 of the Illinois Marriage and
21Dissolution of Marriage Act.
22    (b) A temporary order may include provisions for custody
23and parenting time as provided by the Illinois Marriage and
24Dissolution of Marriage Act.

 

 

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1    (c) Temporary orders issued under this Section shall not
2have prejudicial effect with respect to final support, custody,
3or parenting time orders.
 
4    Section 502. Injunctive relief.
5    (a) In any action brought under this Act for the initial
6determination of parentage, custody or parenting time of a
7child or for modification of a prior custody or parenting time
8order, the court, upon application of any party, may enjoin a
9party having physical possession or custody of a child from
10temporarily removing the child from Illinois pending the
11adjudication of the issues of parentage, custody, and parenting
12time. When deciding whether to enjoin removal of a child, or to
13order a party to return the child to the State of Illinois, the
14court shall consider factors including, but not limited to:
15        (1) the extent of previous involvement with the child
16    by the party seeking to enjoin removal or to have the
17    absent party return the child to the State of Illinois;
18        (2) the likelihood that parentage will be established;
19    and
20        (3) the impact on the financial, physical, and
21    emotional health of the party being enjoined from removing
22    the child or the party being ordered to return the child to
23    the State of Illinois.
24    (b) A temporary restraining order or preliminary
25injunction under this Act shall be governed by the relevant

 

 

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1provisions of Part 1 of Article XI of the Code of Civil
2Procedure.
3    (c) Notwithstanding the provisions of subsection (a), the
4court may decline to enjoin a domestic violence victim having
5physical possession or custody of a child from temporarily or
6permanently removing the child from Illinois pending the
7adjudication of issues of custody or parenting time. In
8determining whether a person is a domestic violence victim, the
9court shall consider the following factors:
10            (1) a sworn statement by the person that the person
11    has good reason to believe that he or she is the victim of
12    domestic violence or stalking;
13            (2) a sworn statement that the person fears for his
14    or her safety or the safety of his or her children;
15            (3) evidence from police, court, or other
16    government agency records or files;
17            (4) documentation from a domestic violence program
18    if the person is alleged to be a victim of domestic
19    violence;
20            (5) documentation from a legal, clerical, medical,
21    or other professional from whom the person has sought
22    assistance in dealing with the alleged domestic violence;
23    and
24            (6) any other evidence that supports the sworn
25    statements, such as a statement from any other individual
26    with knowledge of the circumstances that provides the basis

 

 

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1    for the claim, or physical evidence of the act or acts of
2    domestic violence.
 
3
ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE

 
4    Section 601. Proceeding authorized. A civil proceeding may
5be maintained to adjudicate the parentage of a child. The
6proceeding is governed by the Code of Civil Procedure and the
7Illinois Supreme Court Rules. Administrative proceedings
8adjudicating paternity shall be governed by Section 10-17.7 of
9the Illinois Public Aid Code.
 
10    Section 602. Standing to maintain proceeding to establish
11parent-child relationship. A complaint to adjudicate parentage
12shall be verified, shall be designated a petition, and shall
13name the person or persons alleged to be the parent of the
14child. Subject to Article 3 and Sections 607, 608, and 609, a
15proceeding to adjudicate parentage may be maintained by:
16    (a) the child;
17    (b) the mother of the child;
18    (c) a pregnant woman;
19    (d) a man presumed or alleging himself to be the father of
20the child;
21    (e) the support-enforcement agency or other governmental
22agency authorized by other law;
23    (f) any person or public agency that has custody of, is

 

 

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1providing financial support to, or has provided financial
2support to the child;
3    (g) the Department of Healthcare and Family Services if it
4is providing, or has provided, financial support to the child
5or if it is assisting with child support collections services;
6    (h) an authorized adoption agency or licensed
7child-placing agency;
8    (i) a representative authorized by law to act for an
9individual who would otherwise be entitled to maintain a
10proceeding but who is deceased, incapacitated, or a minor; or
11    (j) an intended parent under the Gestational Surrogacy Act.
 
12    Section 603. Subject matter and personal jurisdiction.
13    (a) The circuit courts shall have jurisdiction of any
14action brought under this Act. In any civil action not brought
15under this Act, the provisions of this Act shall apply if
16parentage is at issue. The court may join any action under this
17Act with any other civil action where applicable.
18    (b) An individual may not be adjudicated to be a parent
19unless the court has personal jurisdiction over the individual.
20    (c) A court of this State having jurisdiction to adjudicate
21parentage may exercise personal jurisdiction over a
22nonresident individual, or the guardian or conservator of the
23individual, if the conditions prescribed in Section 201 of the
24Uniform Interstate Family Support Act are fulfilled.
25    (d) Lack of jurisdiction over one individual does not

 

 

HB6191- 31 -LRB097 13524 JLS 69734 b

1preclude the court from making an adjudication of parentage
2binding on another individual over whom the court has personal
3jurisdiction.
 
4    Section 604. Venue.
5    (a) Venue for a proceeding to adjudicate parentage is any
6county of this State in which any party resides, or if the
7father is deceased, in which a proceeding for probate or
8administration of the presumed or alleged father's estate has
9been commenced, or could be commenced.
10    (b) A child custody proceeding is commenced in the county
11where the child resides.
 
12    Section 605. Notice to presumed father.
13    (a) In any action brought under Article 3 or Article 6 of
14this Act where the man signing the petition for an order
15establishing the existence of the parent-child relationship by
16consent or the man alleged to be the father in a petition is
17different from a man who is presumed to be father of the child
18under Article 2, a notice shall be served on the presumed
19father in the same manner as summonses are served in other
20civil proceedings or, in lieu of personal service, service may
21be made as follows:
22        (1) The person requesting notice shall pay to the clerk
23    of the circuit court a mailing fee of $1.50 and furnish to
24    the clerk of the circuit court an original and one copy of

 

 

HB6191- 32 -LRB097 13524 JLS 69734 b

1    a notice together with an affidavit setting forth the
2    presumed father's last known address. The original notice
3    shall be retained by the clerk of the circuit court.
4        (2) The clerk of the circuit court shall promptly mail
5    to the presumed father, at the address appearing in the
6    affidavit, the copy of the notice by certified mail, return
7    receipt requested. The envelope and return receipt shall
8    bear the return address of the clerk of the circuit court.
9    The receipt for certified mail shall state the name and
10    address of the addressee and the date of mailing and shall
11    be attached to the original notice.
12        (3) The return receipt, when returned to the clerk of
13    the circuit court, shall be attached to the original notice
14    and shall constitute proof of service.
15        (4) The clerk of the circuit court shall note the fact
16    of service in a permanent record.
17    (b) The notice shall read as follows:
18    IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER.
19    You have been identified as the presumed father of
20......... , born on ......... The mother of the child is
21.........
22    An action is being brought to establish the parent-child
23relationship between the named child and a man named by the
24mother, .........
25    Under the law, you are presumed to be the father if:
26        (1) you and the mother of the child are married to each

 

 

HB6191- 33 -LRB097 13524 JLS 69734 b

1    other and the child is born during the marriage;
2        (2) you and the mother of the child were married to
3    each other and the child is born within 300 days after the
4    marriage is terminated by death, declaration of invalidity
5    of marriage, judgment for dissolution of marriage, or after
6    a judgment for legal separation;
7        (3) before the birth of the child, you and the mother
8    of the child married each other in apparent compliance with
9    law, even if the attempted marriage is or could be declared
10    invalid, and the child is born during the invalid marriage
11    or within 300 days after its termination by death,
12    declaration of invalidity of marriage, judgment for
13    dissolution of marriage, or after a judgment for legal
14    separation;
15        (4) after the child's birth, you and the child's mother
16    have married each other, even though the marriage is or
17    could be declared invalid, and you are named, with your
18    written consent, as the child's father on the child's birth
19    certificate.
20    As the presumed father, you have certain legal rights with
21respect to the named child, including the right to notice of
22the filing of proceedings instituted for the establishment of
23parentage of said child and if named as the father in a
24petition to establish parentage, the right to submit, along
25with the mother and child, to deoxyribonucleic acid (DNA) tests
26to determine inherited characteristics. If you wish to assert

 

 

HB6191- 34 -LRB097 13524 JLS 69734 b

1your rights with respect to said child, you must file with the
2Clerk of this Circuit Court of ......... County, Illinois whose
3address is ........ , Illinois, within 30 days after the date
4of receipt of this notice, a declaration of parentage stating
5that you are, in fact, the father of said child and that you
6intend to assert your legal rights with respect to said child,
7or request to be notified of any further proceedings with
8respect to the parentage of said child.
9    If you do not file such declaration of parentage, or a
10request for notice, then whatever legal rights you have with
11respect to the named child, including the right to notice of
12any future proceedings for the establishment of parentage of
13the child, may be terminated without any further notice to you.
14When your legal rights with respect to the named child are so
15terminated, you will not be entitled to notice of any future
16proceedings.
17    (c) The notice to presumed fathers provided for in this
18Section in any action brought by a public agency shall be
19prepared and mailed by such public agency and the mailing fee
20to the clerk of the circuit court shall be waived.
 
21    Section 606. Summons. The summons that is served on a
22respondent shall include the return date on or by which the
23respondent must appear and shall contain the following
24information, in a prominent place and in conspicuous language,
25in addition to the information required to be provided by the

 

 

HB6191- 35 -LRB097 13524 JLS 69734 b

1laws of this State: "If you do not appear as instructed in this
2summons, you may be required to support the child named in this
3petition until the child is at least 18 years old. You may also
4have to pay the pregnancy and delivery costs of the mother.".
 
5    Section 607. No limitation; child having no presumed,
6acknowledged, or adjudicated parent. A proceeding to
7adjudicate the parentage of a child having no presumed,
8acknowledged, or adjudicated parent may be commenced at any
9time, even after:
10    (a) the child becomes an adult, but only if the child
11initiates the proceeding; or
12    (b) an earlier proceeding to adjudicate parentage has been
13dismissed based on the application of a statute of limitations
14then in effect.
 
15    Section 608. Limitation; child having presumed parent.
16    (a) Except as otherwise provided in subsection (b), a
17proceeding brought by a presumed father, the mother, or another
18individual to adjudicate the parentage of a child having a
19presumed father, must be commenced not later than 2 years after
20the birth of the child.
21    (b) A proceeding seeking to declare the non-existence of
22the parent-child relationship between a child and the child's
23presumed father may be maintained at any time if the court
24determines that the presumed father and the mother of the child

 

 

HB6191- 36 -LRB097 13524 JLS 69734 b

1neither cohabited nor engaged in sexual intercourse with each
2other during the probable time of conception.
 
3    Section 609. Limitation; child having acknowledged or
4adjudicated parent.
5    (a) If a child has an acknowledged father, a signatory to
6the acknowledgment of paternity or denial of paternity may
7commence a proceeding seeking to challenge the acknowledgement
8or denial or challenge the paternity of the child only within
9the time allowed under Section 309.
10    (b) If a child has an acknowledged father or an adjudicated
11father, an individual, other than the child, who is neither a
12signatory to the acknowledgment of paternity nor a party to the
13adjudication and who seeks an adjudication of parentage of the
14child must commence a proceeding not later than 2 years after
15the effective date of the acknowledgment or adjudication.
16    (c) A proceeding under this Section is subject to the
17application of the principles of estoppel established in
18Section 610.
 
19    Section 610. Authority to deny motion for genetic testing.
20    (a) In a proceeding to adjudicate the parentage of a child
21having a presumed father, the court may deny a motion seeking
22an order for genetic testing of the mother, the child, and the
23presumed father if the court determines that:
24        (1) the conduct of the mother or the presumed father

 

 

HB6191- 37 -LRB097 13524 JLS 69734 b

1    estops that party from denying parentage; and
2        (2) it would be inequitable to disprove the
3    father-child relationship between the child and the
4    presumed father.
5    (b) In determining whether to deny a motion seeking an
6order for genetic testing under this Section, the court shall
7consider the best interest of the child, including the
8following factors:
9        (1) the length of time between the proceeding to
10    adjudicate parentage and the time that the presumed father
11    was placed on notice that he might not be the biological
12    father;
13        (2) the length of time during which the presumed father
14    has assumed the role of father of the child;
15        (3) the facts surrounding the presumed father's
16    discovery of his possible nonpaternity;
17        (4) the nature of the relationship between the child
18    and the presumed father;
19        (5) the age of the child;
20        (6) the harm that may result to the child if presumed
21    paternity is successfully disproved;
22        (7) the nature of the relationship between the child
23    and any alleged father;
24        (8) the extent to which the passage of time reduces the
25    chances of establishing the paternity of another man and a
26    child-support obligation in favor of the child;

 

 

HB6191- 38 -LRB097 13524 JLS 69734 b

1        (9) other factors that may affect the equities arising
2    from the disruption of the father-child relationship
3    between the child and the presumed father or the chance of
4    other harm to the child; and
5        (10) any other factor the court determines to be
6    equitable.
7    (c) In a proceeding involving the application of this
8Section, a minor or incapacitated child must be represented by
9a guardian ad litem.
10    (d) If the court denies a motion seeking an order for
11genetic testing, it shall issue an order adjudicating the
12presumed father to be the father of the child.
 
13    Section 611. Joinder of proceedings.
14    (a) Except as otherwise provided in subsection (b), a
15proceeding to adjudicate parentage may be joined with a
16proceeding for adoption, termination of parental rights, child
17custody or parenting time, child support, dissolution of
18marriage or civil union, declaration of invalidity of marriage
19or civil union, legal separation, probate or administration of
20an estate, or other appropriate proceeding.
21    (b) A respondent may not join a proceeding described in
22subsection (a) with a proceeding to adjudicate parentage
23brought under the Uniform Interstate Family Support Act.
 
24    Section 612. Proceeding before birth. A proceeding to

 

 

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1establish parentage may be commenced before the birth of the
2child, but may not be concluded until after the birth of the
3child. The following actions may be taken before the birth of
4the child:
5    (a) service of process;
6    (b) the taking of depositions to perpetuate testimony; and
7    (c) except as prohibited by Article 4, collection of
8specimens for genetic testing.
 
9    Section 613. Child as party; representation.
10    (a) A minor child is a permissible party, but is not a
11necessary party to a proceeding under this Article.
12    (b) The court shall appoint a guardian ad litem to
13represent a minor or incapacitated child if the child is a
14party or the court finds that the interests of the child are
15not adequately represented.
 
16    Section 614. Admissibility of results of genetic testing;
17expenses.
18    (a) If a child has a presumed, acknowledged, or adjudicated
19father, the results of genetic testing are inadmissible to
20adjudicate parentage unless performed:
21        (1) with the consent of both the mother and the
22    presumed, acknowledged, or adjudicated father; or
23        (2) pursuant to an order of the court under Section
24    502.

 

 

HB6191- 40 -LRB097 13524 JLS 69734 b

1    (b) Copies of bills for genetic testing and for prenatal
2and postnatal health care for the mother and child which are
3furnished to the adverse party not less than 10 days before the
4date of a hearing are admissible to establish:
5        (1) the amount of the charges billed; and
6        (2) that the charges were reasonable, necessary, and
7    customary.
8    (c) Certified copies of the bills for costs incurred for
9pregnancy and childbirth shall be admitted into evidence at
10judicial or administrative proceedings without foundation
11testimony or other proof of authenticity or accuracy.
 
12    Section 615. Consequences of declining genetic testing.
13    (a) An order for genetic testing is enforceable through a
14proceeding for adjudication of contempt.
15    (b) If an individual whose paternity is being determined
16declines to submit to genetic testing ordered by the court or
17administrative agency, the court or administrative agency for
18that reason may adjudicate parentage contrary to the position
19of that individual.
20    (c) Genetic testing of the mother of a child is not a
21condition precedent to genetically testing the child and a man
22whose paternity is being determined. If the mother is
23unavailable or declines to submit to genetic testing, the court
24or administrative agency may order the genetic testing of the
25child and every man whose paternity is being adjudicated.
 

 

 

HB6191- 41 -LRB097 13524 JLS 69734 b

1    Section 616. Admission of paternity authorized.
2    (a) A respondent in a proceeding to adjudicate parentage
3may admit to the paternity of a child by filing a pleading to
4that effect or by admitting paternity under penalty of perjury
5when making an appearance or during a hearing.
6    (b) If the court finds that the admission of paternity
7satisfies the requirements of this Section and finds that there
8is no reason to question the admission, the court shall enter
9an order adjudicating the child to be the child of the man
10admitting paternity.
 
11    Section 617. Rules for adjudication of paternity. The court
12shall apply the following rules to adjudicate the paternity of
13a child:
14    (a) The paternity of a child having an adjudicated father
15may be disproved only by admissible results of genetic testing,
16or other means, excluding that man as the father of the child
17or identifying another man as the father of the child.
18    (b) Unless the results of genetic testing, or other
19evidence, are admitted to rebut other results of genetic
20testing, a man identified as the father of a child under
21Section 404 must be adjudicated the father of the child.
22    (c) If the court finds that genetic testing under Section
23405 neither identifies nor excludes a man as the father of a
24child, the court may not dismiss the proceeding. In that event,

 

 

HB6191- 42 -LRB097 13524 JLS 69734 b

1the results of genetic testing, and other evidence, are
2admissible to adjudicate the issue of paternity.
3    (d) Unless the results of genetic testing are admitted to
4rebut other results of genetic testing, a man excluded as the
5father of a child by genetic testing must be adjudicated not to
6be the father of the child.
 
7    Section 618. Pre-trial proceedings. As soon as practicable
8after an action to declare the existence or non-existence of
9the father and child relationship has been brought, and the
10parties are at issue, the court may conduct a pre-trial
11conference.
 
12    Section 619. Jury prohibited. Trial by jury is not
13available under this Act.
 
14    Section 620. Order on default. The court may issue an order
15adjudicating the parentage of a person who is in default after
16service of process.
 
17    Section 621. Binding effect of determination of parentage.
18    (a) Except as otherwise provided in subsection (b), a
19determination of parentage is binding on:
20        (1) all signatories to an acknowledgement or denial of
21    paternity as provided in Article 3; and
22        (2) all parties to an adjudication by a court acting

 

 

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1    under circumstances that satisfy the jurisdictional
2    requirements of Section 201 of the Uniform Interstate
3    Family Support Act.
4    (b) A child is not bound by a determination of parentage
5under this Act unless:
6        (1) the determination was based on an unrescinded
7    acknowledgment of paternity and the acknowledgement is
8    consistent with the results of genetic testing;
9        (2) the adjudication of parentage was based on a
10    finding consistent with the results of genetic testing and
11    the consistency is declared in the determination or is
12    otherwise shown; or
13        (3) the child was a party or was represented in the
14    proceeding determining parentage by an guardian ad litem.
15    (c) In a proceeding for dissolution of marriage or civil
16union, declaration of invalidity of marriage or civil union, or
17legal separation, the court is deemed to have made an
18adjudication of the parentage of a child if the court acts
19under circumstances that satisfy the jurisdictional
20requirements of Section 201 of the Uniform Interstate Family
21Support Act, and the final order:
22        (1) expressly identifies a child as a "child of the
23    marriage or civil union", "issue of the marriage or civil
24    union", or similar words indicating that the husband is the
25    father of the child or the party to the civil union is the
26    parent of the child; or

 

 

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1        (2) provides for support of the child by the husband or
2    party to the civil union unless parentage is specifically
3    disclaimed in the order.
4    (d) Except as otherwise provided in subsection (b), a
5determination of parentage may be a defense in a subsequent
6proceeding seeking to adjudicate parentage by an individual who
7was not a party to the earlier proceeding.
8    (e) A party to an adjudication of parentage may challenge
9the adjudication only under law of this State relating to
10appeal, vacation of judgments, or other judicial review.
 
11
ARTICLE 7. CHILD OF ASSISTED REPRODUCTION

 
12    Section 701. Scope of Article. This Article does not apply
13to the birth of a child conceived by means of sexual
14intercourse or as a result of a gestational agreement as
15provided in the Gestational Surrogacy Act.
 
16    Section 702. Parental status of donor. A donor is not a
17parent of a child conceived by means of assisted reproduction.
18The donor of sperm provided to a licensed physician for use in
19artificial insemination of a woman other than the donor's wife
20or other party to his civil union shall be treated in law as if
21he were not a parent of a child conceived by artificial
22insemination. A woman who contributes an egg or eggs for the
23purpose of in-vitro fertilization or implantation in a woman

 

 

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1other than herself or the other party to her civil union shall
2be treated in law as if she were not a parent of a child
3conceived by assisted reproduction.
 
4    Section 703. Parentage of a child of assisted reproduction.
5A man who provides sperm for, or consents to, assisted
6reproduction (including artificial insemination) by a woman as
7provided in Section 704 with the intent to be the parent of her
8child, is a parent of the resulting child. A woman who provides
9an egg or eggs for, or consents to, assisted reproduction
10(including in-vitro fertilization and implantation) by a woman
11as provided in Section 704 with the intent to be the parent of
12her child, is a parent of the resulting child.
 
13    Section 704. Consent to assisted reproduction.
14    (a) Consent by a husband or party to a civil union who
15intends to be a parent of a child born to the wife or other
16party to a civil union by assisted reproduction must be in a
17record signed by the husband and wife or both parties to the
18civil union. This requirement does not apply to a donor, unless
19the donor intends to be the parent.
20    (b) Failure to sign a consent required by subsection (a),
21before or after the birth of the child, does not preclude a
22finding of parentage if the married couple or parties to a
23civil union, for the first 2 years of the child's life resided
24in a household with the child and openly held out the child as

 

 

HB6191- 46 -LRB097 13524 JLS 69734 b

1their own during that time.
 
2    Section 705. Limitation of dispute of parentage.
3    (a) Any child born as the result of artificial insemination
4shall be considered at law in all respects the same as a
5naturally conceived child of the couple so requesting and
6consenting to the use of artificial insemination.
7    (b) If, under the supervision of a licensed physician and
8with the consent of the husband or other party to the civil
9union, a wife or party to the civil union is inseminated
10artificially with sperm donated by a donor, the husband or
11other party to the civil union shall be treated in law as if he
12or she is the natural parent of the child thereby conceived.
13The husband's or other party to the civil union's consent must
14be in writing executed and acknowledged by the husband and wife
15or both parties to the civil union. The physician who is to
16perform the technique shall certify their signatures and the
17date of the insemination, and file the husband's or other party
18to the civil union's consent in the medical record where it
19shall be kept confidential and held by the patient's physician.
20However, the physician's failure to do so shall not affect the
21legal relationship between the husband or other party to the
22civil union and the child. All records pertaining to the
23insemination, whether part of the permanent medical record held
24by the physician or not, are subject to inspection only upon an
25order of the court or for good cause shown.

 

 

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1    (c) Except as otherwise provided in subsection (b), a
2husband or party to a civil union whose wife or other party to
3the civil union gives birth to a child by means of assisted
4reproduction may not challenge parentage of the child unless:
5        (1) within 2 years after learning of the birth of the
6    child, the husband or party to the civil union commences a
7    proceeding to adjudicate parentage; and
8        (2) the court finds that the husband or party to the
9    civil union did not consent to the assisted reproduction,
10    before or after birth of the child.
11    (d) A proceeding to adjudicate parentage may be maintained
12at any time if the court determines that:
13        (1) the husband or party to the civil union did not
14    provide sperm for, or before or after birth of the child
15    did not consent to, assisted reproduction by the wife or
16    other party to the civil union;
17        (2) the husband and wife or parties to the civil union
18    have not cohabitated since the probable time of assisted
19    reproduction; or
20        (3) the husband or other party to the civil union never
21    openly held out the child as his or her own.
22    (e) The limitation provided in this Section applies to a
23marriage or civil union declared invalid after assisted
24reproduction.
 
25    Section 706. Effect of dissolution of marriage or civil

 

 

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1union or withdrawal of consent.
2    (a) If a marriage or civil union is dissolved or declared
3invalid, or a judgement for legal separation is entered, before
4implantation of existing eggs, sperm, embryo or embryos, the
5former spouse or party is not a parent of the resulting child
6unless the former spouse or party consented and the judgement
7provides that if assisted reproduction were to occur after
8entry of such judgement, the former spouse or party would be a
9parent of the child.
10    (b) Consent to assisted reproduction may be withdrawn by an
11individual in a record upon giving proper notice to the other
12party and the clinic or physician who was to perform the
13technique, by certified mail return receipt requested, at any
14time before implantation placement of eggs, sperm, embryo or
15embryos. An individual who withdraws consent under this Section
16is not a parent of the resulting child.
 
17    Section 707. Parental status of deceased individual.
18Unless an individual consents in a record to be a parent by
19assisted reproduction after death, and dies before
20implantation of eggs, sperm, embryo or embryos, the deceased
21individual is not a parent of the resulting child.
 
22
ARTICLE 8. SUPPORT AND JUDGMENT

 
23    Section 801. Temporary child support orders.

 

 

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1    (a) Notwithstanding any other law to the contrary, pending
2the outcome of a judicial determination of parentage, the court
3shall issue a temporary order for child support, upon motion by
4a party and a showing of clear and convincing evidence of
5parentage. In determining the amount of the temporary child
6support award, the court shall use the guidelines and standards
7set forth in subsection (a) of Section 505 and in Section 505.2
8of the Illinois Marriage and Dissolution of Marriage Act.
9    (b) Any new or existing support order entered by the court
10under this Section shall be deemed to be a series of judgments
11against the person obligated to pay support thereunder, each
12such judgment to be in the amount of each payment or
13installment of support and each judgment to be deemed entered
14as of the date the corresponding payment or installment becomes
15due under the terms of the support order. Each such judgment
16shall have the full force, effect, and attributes of any other
17judgment of this State, including the ability to be enforced.
18Any such judgment is subject to modification or termination
19only in accordance with Section 510 of the Illinois Marriage
20and Dissolution of Marriage Act. Notwithstanding any other
21state or local law to the contrary, a lien arises by operation
22of law against the real and personal property of the
23noncustodial parent for each installment of overdue support
24owed by the noncustodial parent.
25    (c) All orders for support, when entered or modified, shall
26include a provision requiring the non-custodial parent to

 

 

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1notify the court and, in cases in which a party is receiving
2child support enforcement services under Article X of the
3Illinois Public Aid Code, the Illinois Department of Healthcare
4and Family Services, within 7 days (i) of the name and address
5of any new employer of the non-custodial parent, (ii) whether
6the non-custodial parent has access to health insurance
7coverage through the employer or other group coverage and, if
8so, of the policy name and number and the names of persons
9covered under the policy, and (iii) of any new residential or
10mailing address or telephone number of the non-custodial
11parent. In any subsequent action to enforce a support order,
12upon a sufficient showing that a diligent effort has been made
13to ascertain the location of the non-custodial parent, service
14of process or provision of notice necessary in the case may be
15made at the last known address of the non-custodial parent in
16any manner expressly provided by the Code of Civil Procedure or
17in this Act, which service shall be sufficient for purposes of
18due process.
19    (d) An order for support shall include a date on which the
20current support obligation terminates. The termination date
21shall be no earlier than the date on which the child covered by
22the order will attain the age of 18. However, if the child will
23not graduate from high school until after attaining the age of
2418, then the termination date shall be no earlier than the
25earlier of the date on which the child's high school graduation
26will occur or the date on which the child will attain the age

 

 

HB6191- 51 -LRB097 13524 JLS 69734 b

1of 19. The order for support shall state that the termination
2date does not apply to any arrearage that may remain unpaid on
3that date. Nothing in this subsection shall be construed to
4prevent the court from modifying the order or terminating the
5order in the event the child is otherwise emancipated.
6    (e) If there is an unpaid arrearage or delinquency (as
7those terms are defined in the Income Withholding for Support
8Act) equal to at least one month's support obligation on the
9termination date stated in the order for support or, if there
10is no termination date stated in the order, on the date the
11child attains the age of majority or is otherwise emancipated,
12the periodic amount required to be paid for current support of
13that child immediately prior to that date shall automatically
14continue to be an obligation, not as current support but as
15periodic payment toward satisfaction of the unpaid arrearage or
16delinquency. That periodic payment shall be in addition to any
17periodic payment previously required for satisfaction of the
18arrearage or delinquency. The total periodic amount to be paid
19toward satisfaction of the arrearage or delinquency may be
20enforced and collected by any method provided by law for the
21enforcement and collection of child support including, but not
22limited to, income withholding under the Income Withholding for
23Support Act. Each order for support entered or modified on or
24after January 1, 2006 must contain a statement notifying the
25parties of the requirements of this subsection. Failure to
26include the statement in the order for support does not affect

 

 

HB6191- 52 -LRB097 13524 JLS 69734 b

1the validity of the order or the operation of the provisions of
2this subsection with regard to the order. This subsection shall
3not be construed to prevent or affect the establishment or
4modification of an order for the support of a minor child or
5the establishment or modification of an order for the support
6of a non-minor child or educational expenses under Section 513
7of the Illinois Marriage and Dissolution of Marriage Act.
8    (f) An order entered under this Section shall include a
9provision requiring the obligor to report to the obligee and to
10the clerk of the circuit court within 10 days each time the
11obligor obtains new employment, and each time the obligor's
12employment is terminated for any reason. The report shall be in
13writing and shall, in the case of new employment, include the
14name and address of the new employer. Failure to report new
15employment or the termination of current employment, if coupled
16with nonpayment of support for a period in excess of 60 days,
17is indirect criminal contempt. For any obligor arrested for
18failure to report new employment, bond shall be set in the
19amount of the child support that should have been paid during
20the period of unreported employment. An order entered under
21this Section shall also include a provision requiring the
22obligor and obligee parents to advise each other of a change in
23residence within 5 days of the change except when the court
24finds that the physical, mental, or emotional health of a party
25or that of a minor child, or both, would be seriously
26endangered by disclosure of the party's address.
 

 

 

HB6191- 53 -LRB097 13524 JLS 69734 b

1    Section 802. Judgment.
2    (a) The court shall issue an order adjudicating whether a
3man alleged or claiming to be the father is the parent of the
4child. An order adjudicating parentage must identify the child
5by name and date of birth.
6    The court may assess filing fees, reasonable attorney's
7fees, fees for genetic testing, other costs, and necessary
8travel and other reasonable expenses incurred in a proceeding
9under this Act. The court may award attorney's fees, which may
10be paid directly to the attorney, who may enforce the order in
11the attorney's own name. The court may not assess fees, costs,
12or expenses against the support-enforcement agency of this
13State or another state, except as provided by other law.
14    The judgment shall contain or explicitly reserve
15provisions concerning any duty and amount of child support and
16may contain provisions concerning the custody and guardianship
17of the child, parenting time privileges with the child, the
18furnishing of bond or other security for the payment of the
19judgment, which the court shall determine in accordance with
20the relevant factors set forth in the Illinois Marriage and
21Dissolution of Marriage Act and any other applicable law of
22Illinois, to guide the court in a finding in the best interests
23of the child. In determining custody, joint custody, removal,
24parenting time, parenting time interference, support for a
25non-minor disabled child, educational expenses for a non-minor

 

 

HB6191- 54 -LRB097 13524 JLS 69734 b

1child, and related post-judgment issues, the court shall apply
2the relevant standards of the Illinois Marriage and Dissolution
3of Marriage Act. Specifically, in determining the amount of any
4child support award, the court shall use the guidelines and
5standards set forth in subsection (a) of Section 505 and in
6Section 505.2 of the Illinois Marriage and Dissolution of
7Marriage Act.
8    (b) In an action brought within 2 years after a child's
9birth, the judgment or order may direct either parent to pay
10the reasonable expenses incurred by either parent or the
11Department of Healthcare and Family Services related to the
12mother's pregnancy and the delivery of the child.
13    (c)If a judgment of parentage contains no explicit award of
14custody, the establishment of a child support obligation or of
15parenting time rights in one parent shall be considered a
16judgment granting custody to the other parent. If the parentage
17judgment contains no such provisions, custody shall be presumed
18to be with the mother; however, the presumption shall not apply
19if the father has had physical custody for at least 6 months
20prior to the date that the mother seeks to enforce custodial
21rights.
22    (d)The court, if necessary to protect and promote the best
23interests of the child, may set aside a portion of the
24separately held estates of the parties in a separate fund or
25trust for the support, education, physical and mental health,
26and general welfare of any minor, or mentally or physically

 

 

HB6191- 55 -LRB097 13524 JLS 69734 b

1disabled child of the parties.
2    (e) The court shall order all child support payments,
3determined in accordance with such guidelines, to commence with
4the date summons is served. The level of current periodic
5support payments shall not be reduced because of payments set
6for the period prior to the date of entry of the support order.
7The court may order any child support payments to be made for a
8period prior to the commencement of the action. In determining
9whether and the extent to which the payments shall be made for
10any prior period, the court shall consider all relevant facts,
11including the factors for determining the amount of support
12specified in the Illinois Marriage and Dissolution of Marriage
13Act and other equitable factors including but not limited to:
14        (1) The father's prior knowledge of the fact and
15    circumstances of the child's birth.
16        (2) The father's prior willingness or refusal to help
17    raise or support the child.
18        (3) The extent to which the mother or the public agency
19    bringing the action previously informed the father of the
20    child's needs or attempted to seek or require his help in
21    raising or supporting the child.
22        (4) The reasons the mother or the public agency did not
23    file the action earlier.
24        (5) The extent to which the father would be prejudiced
25    by the delay in bringing the action.
26    For purposes of determining the amount of child support to

 

 

HB6191- 56 -LRB097 13524 JLS 69734 b

1be paid for any period before the date the order for current
2child support is entered, there is a rebuttable presumption
3that the father's net income for the prior period was the same
4as his net income at the time the order for current child
5support is entered.
6    If (i) the non-custodial parent was properly served with a
7request for discovery of financial information relating to the
8non-custodial parent's ability to provide child support, (ii)
9the non-custodial parent failed to comply with the request,
10despite having been ordered to do so by the court, and (iii)
11the non-custodial parent is not present at the hearing to
12determine support despite having received proper notice, then
13any relevant financial information concerning the
14non-custodial parent's ability to provide child support that
15was obtained pursuant to subpoena and proper notice shall be
16admitted into evidence without the need to establish any
17further foundation for its admission.
18    (f) Any new or existing support order entered by the court
19under this Section shall be deemed to be a series of judgments
20against the person obligated to pay support thereunder, each
21judgment to be in the amount of each payment or installment of
22support and each such judgment to be deemed entered as of the
23date the corresponding payment or installment becomes due under
24the terms of the support order. Each judgment shall have the
25full force, effect, and attributes of any other judgment of
26this State, including the ability to be enforced. Any such

 

 

HB6191- 57 -LRB097 13524 JLS 69734 b

1judgment is subject to modification or termination only in
2accordance with Section 510 of the Illinois Marriage and
3Dissolution of Marriage Act. Notwithstanding any State or local
4law to the contrary, a lien arises by operation of law against
5the real and personal property of the noncustodial parent for
6each installment of overdue support owed by the noncustodial
7parent.
8    (g) If the judgment or order of the court is at variance
9with the child's birth certificate, the court shall order that
10a new birth certificate be issued under the Vital Records Act.
11    (h) On request of the mother and the father, the court
12shall order a change in the child's name.
13    (i) After hearing evidence the court may stay payment of
14support during the period of the father's minority or period of
15disability.
16    (j) If, upon a showing of proper service, the father fails
17to appear in court or otherwise appear as provided by law, the
18court may proceed to hear the cause upon testimony of the
19mother or other parties taken in open court and shall enter a
20judgment by default. The court may reserve any order as to the
21amount of child support until the father has received notice,
22by regular mail, of a hearing on the matter.
23    (k) All orders for support, when entered or modified, shall
24include a provision requiring the non-custodial parent to
25notify the court and, in cases in which party is receiving
26child support enforcement services under Article X of the

 

 

HB6191- 58 -LRB097 13524 JLS 69734 b

1Illinois Public Aid Code, the Illinois Department of Healthcare
2and Family Services, within 7 days, (i) of the name and address
3of any new employer of the non-custodial parent, (ii) whether
4the non-custodial parent has access to health insurance
5coverage through the employer or other group coverage and, if
6so, of the policy name and number and the names of persons
7covered under the policy, and (iii) of any new residential or
8mailing address or telephone number of the non-custodial
9parent. In any subsequent action to enforce a support order,
10upon a sufficient showing that a diligent effort has been made
11to ascertain the location of the non-custodial parent, service
12of process or provision of notice necessary in the case may be
13made at the last known address of the non-custodial parent in
14any manner expressly provided by the Code of Civil Procedure or
15this Act, which service shall be sufficient for purposes of due
16process.
17    (l) An order for support shall include a date on which the
18current support obligation terminates. The termination date
19shall be no earlier than the date on which the child covered by
20the order will attain the age of 18. However, if the child will
21not graduate from high school until after attaining the age of
2218, then the termination date shall be no earlier than the
23earlier of the date on which the child's high school graduation
24will occur or the date on which the child will attain the age
25of 19. The order for support shall state that the termination
26date does not apply to any arrearage that may remain unpaid on

 

 

HB6191- 59 -LRB097 13524 JLS 69734 b

1that date. Nothing in this subsection shall be construed to
2prevent the court from modifying the order or terminating the
3order in the event the child is otherwise emancipated.
4    (m) If there is an unpaid arrearage or delinquency (as
5those terms are defined in the Income Withholding for Support
6Act) equal to at least one month's support obligation on the
7termination date stated in the order for support or, if there
8is no termination date stated in the order, on the date the
9child attains the age of majority or is otherwise emancipated,
10the periodic amount required to be paid for current support of
11that child immediately prior to that date shall automatically
12continue to be an obligation, not as current support but as
13periodic payment toward satisfaction of the unpaid arrearage or
14delinquency. That periodic payment shall be in addition to any
15periodic payment previously required for satisfaction of the
16arrearage or delinquency. The total periodic amount to be paid
17toward satisfaction of the arrearage or delinquency may be
18enforced and collected by any method provided by law for
19enforcement and collection of child support, including but not
20limited to income withholding under the Income Withholding for
21Support Act. Each order for support entered or modified on or
22after January 1, 2005 must contain a statement notifying the
23parties of the requirements of this subsection. Failure to
24include the statement in the order for support does not affect
25the validity of the order or the operation of the provisions of
26this subsection with regard to the order. This subsection shall

 

 

HB6191- 60 -LRB097 13524 JLS 69734 b

1not be construed to prevent or affect the establishment or
2modification of an order for support of a minor child or the
3establishment or modification of an order for support of a
4non-minor child or educational expenses under Section 513 of
5the Illinois Marriage and Dissolution of Marriage Act.
6    (n) An order entered under this Section shall include a
7provision requiring the obligor to report to the obligee and to
8the clerk of court within 10 days each time the obligor obtains
9new employment, and each time the obligor's employment is
10terminated for any reason. The report shall be in writing and
11shall, in the case of new employment, include the name and
12address of the new employer. Failure to report new employment
13or the termination of current employment, if coupled with
14nonpayment of support for a period in excess of 60 days, is
15indirect criminal contempt. For any obligor arrested for
16failure to report new employment bond shall be set in the
17amount of the child support that should have been paid during
18the period of unreported employment. An order entered under
19this Section shall also include a provision requiring the
20obligor and obligee parents to advise each other of a change in
21residence within 5 days of the change except when the court
22finds that the physical, mental, or emotional health of a party
23or that of a minor child, or both, would be seriously
24endangered by disclosure of the party's address.
 
25    Section 803. Information to State Case Registry.

 

 

HB6191- 61 -LRB097 13524 JLS 69734 b

1    (a) In this Section:
2    "Order for support", "obligor", "obligee", and "business
3day" are defined as set forth in the Income Withholding for
4Support Act.
5    "State Case Registry" means the State Case Registry
6established under Section 10-27 of the Illinois Public Aid
7Code.
8    (b) Each order for support entered or modified by the
9circuit court under this Act shall require that the obligor and
10obligee (i) file with the clerk of the circuit court the
11information required by this Section (and any other information
12required under Title IV, Part D of the Social Security Act or
13by the federal Department of Health and Human Services) at the
14time of entry or modification of the order for support and (ii)
15file updated information with the clerk of the circuit court
16within 5 business days of any change. Failure of the obligor or
17obligee to file or update the required information shall be
18punishable as in cases of contempt. The failure shall not
19prevent the court from entering or modifying the order for
20support, however.
21    (c) The obligor shall file the following information: the
22obligor's name, date of birth, social security number, and
23mailing address. If either the obligor or the obligee receives
24child support enforcement services from the Illinois
25Department of Healthcare and Family Services under Article X of
26the Illinois Public Aid Code, the obligor shall also file the

 

 

HB6191- 62 -LRB097 13524 JLS 69734 b

1following information: the obligor's telephone number,
2driver's license number, and residential address (if different
3from the obligor's mailing address), and the name, address, and
4telephone number of the obligor's employer or employers.
5    (d) The obligee shall file the following information:
6        (1) The names of the obligee and the child or children
7    covered by the order for support.
8        (2) The dates of birth of the obligee and the child or
9    children covered by the order for support.
10        (3) The social security numbers of the obligee and the
11    child or children covered by the order for support.
12        (4) The obligee's mailing address.
13    (e) In cases in which the obligee receives child support
14enforcement services from the Illinois Department of
15Healthcare and Family Services under Article X of the Illinois
16Public Aid Code, the order for support shall (i) require that
17the obligee file the information required under subsection (d)
18with the Illinois Department of Healthcare and Family Services
19for inclusion in the State Case Registry, rather than file the
20information with the clerk, and (ii) require that the obligee
21include the following additional information:
22        (1) The obligee's telephone and driver's license
23    numbers.
24        (2) The obligee's residential address, if different
25    from the obligee's mailing address.
26        (3) The name, address, and telephone number of the

 

 

HB6191- 63 -LRB097 13524 JLS 69734 b

1    obligee's employer or employers.
2    The order for support shall also require that the obligee
3update the information filed with the Illinois Department of
4Healthcare and Family Services within 5 business days of any
5change.
6    (f) The clerk of the circuit court shall provide the
7information filed under this Section, together with the court
8docket number and county in which the order for support was
9entered, to the State Case Registry within 5 business days
10after receipt of the information.
11    (g) In a case in which a party is receiving child support
12enforcement services under Article X of the Illinois Public Aid
13Code, the clerk of the circuit court shall provide the
14following additional information to the State Case Registry
15within 5 business days after entry or modification of an order
16for support or request from the Illinois Department of
17Healthcare and Family Services:
18        (1) The amount of monthly or other periodic support
19    owed under the order for support and other amounts,
20    including arrearage, interest, or late payment penalties
21    and fees, due or overdue under the order.
22        (2) Any such amounts that have been received by the
23    clerk, and the distribution of those amounts by the clerk.
24    (h) Information filed by the obligor and obligee under this
25Section that is not specifically required to be included in the
26body of an order for support under other laws is not a public

 

 

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1record and shall be treated as confidential and subject to
2disclosure only in accordance with the provisions of this
3Section, Section 10-27 of the Illinois Public Aid Code, and
4Title IV, Part D of the Social Security Act.
 
5    Section 804. Information to locate putative fathers and
6noncustodial parents.
7    (a) Upon request by a public office, employers, labor
8unions, and telephone companies shall provide location
9information concerning putative fathers and noncustodial
10parents for the purpose of establishing the parentage of a
11child or establishing, enforcing, or modifying a child support
12obligation. The term "public office" is defined as set forth in
13the Income Withholding for Support Act. In this Section,
14"location information" means information about (i) the
15physical whereabouts of a putative father or noncustodial
16parent, (ii) the employer of the putative father or
17noncustodial parent, or (iii) the salary, wages, and other
18compensation paid and the health insurance coverage provided to
19the putative father or noncustodial parent by the employer of
20the putative father or noncustodial parent or by a labor union
21of which the putative father or noncustodial parent is a
22member. An employer, labor union, or telephone company shall
23respond to the request of the public office within 15 days
24after receiving the request. Any employer, labor union, or
25telephone company that willfully fails to fully respond within

 

 

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1the 15-day period shall be subject to a penalty of $100 for
2each day that the response is not provided to the public office
3after the 15-day period has expired. The penalty may be
4collected in a civil action, which may be brought against the
5employer, labor union, or telephone company in favor of the
6public office.
7    (b) Upon being served with a subpoena (including an
8administrative subpoena as authorized by law), a utility
9company or cable television company must provide location
10information to a public office for the purpose of establishing
11the parentage of a child or establishing, enforcing, or
12modifying a child support obligation.
13    (c) Notwithstanding the provisions of any other State or
14local law to the contrary, an employer, labor union, telephone
15company, utility company, or cable television company shall not
16be liable to any person for disclosure of location information
17under the requirements of this Section, except for willful and
18wanton misconduct.
 
19    Section 805. Enforcement of judgment or order.
20    (a) If existence of the parent-child relationship is
21declared, or parentage or duty of support has been established
22under this Act or under prior law or under the law of any other
23jurisdiction, the judgment rendered thereunder may be enforced
24in the same or other proceedings by any party or any person or
25agency that has furnished or may furnish financial assistance

 

 

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1or services to the child. The Income Withholding for Support
2Act and Sections 802 and 808 of this Act shall also be
3applicable with respect to entry, modification, and
4enforcement of any support judgment entered under provisions of
5the Paternity Act, approved July 5, 1957 and repealed July 1,
61985.
7    (b) Failure to comply with any order of the court shall be
8punishable as contempt as in other cases of failure to comply
9under the Illinois Marriage and Dissolution of Marriage Act. In
10addition to other penalties provided by law, the court may,
11after finding the party guilty of contempt, order that the
12party be:
13        (1) Placed on probation with such conditions of
14    probation as the court deems advisable.
15        (2) Sentenced to periodic imprisonment for a period not
16    to exceed 6 months. However, the court may permit the party
17    to be released for periods of time during the day or night
18    to work or conduct business or other self-employed
19    occupation. The court may further order any part of all the
20    earnings of a party during a sentence of periodic
21    imprisonment to be paid to the clerk of the circuit court
22    or to the person or parent having custody of the minor
23    child for the support of said child until further order of
24    the court.
25        (3) The court may also pierce the ownership veil of a
26    person, persons, or business entity to discover assets of a

 

 

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1    non-custodial parent held in the name of that person, those
2    persons, or that business entity if there is a unity of
3    interest and ownership sufficient to render no financial
4    separation between the non-custodial parent and that
5    person, those persons, or the business entity. The
6    following circumstances are sufficient for a court to order
7    discovery of the assets of a person, persons, or business
8    entity and to compel the application of any discovered
9    assets toward payment on the judgment for support:
10            (A) the non-custodial parent and the person,
11        persons, or business entity maintain records together.
12            (B) the non-custodial parent and the person,
13        persons, or business entity fail to maintain an arms
14        length relationship between themselves with regard to
15        any assets.
16            (C) the non-custodial parent transfers assets to
17        the person, persons, or business entity with the intent
18        to perpetrate a fraud on the custodial parent. With
19        respect to assets which are real property, no order
20        entered under this subdivision (3) shall affect the
21        rights of bona fide purchasers, mortgagees, judgment
22        creditors, or other lien holders who acquire their
23        interests in the property prior to the time a notice of
24        lis pendens pursuant to the Code of Civil Procedure or
25        a copy of the order is placed of record in the office
26        of the recorder of deeds for the county in which the

 

 

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1        real property is located.
2        (4) The court may also order that, in cases where the
3    party is 90 days or more delinquent in payment of support
4    or has been adjudicated in arrears in an amount equal to 90
5    days obligation or more, the party's Illinois driving
6    privileges be suspended until the court determines that the
7    party is in compliance with the judgment or duty of
8    support. The court may also order that the parent be issued
9    a family financial responsibility driving permit that
10    would allow limited driving privileges for employment and
11    medical purposes in accordance with Section 7-702.1 of the
12    Illinois Vehicle Code. The clerk of the circuit court shall
13    certify the order suspending the driving privileges of the
14    parent or granting the issuance of a family financial
15    responsibility driving permit to the Secretary of State on
16    forms prescribed by the Secretary. Upon receipt of the
17    authenticated documents, the Secretary of State shall
18    suspend the party's driving privileges until further order
19    of the court and shall, if ordered by the court, subject to
20    the provisions of Section 7-702.1 of the Illinois Vehicle
21    Code, issue a family financial responsibility driving
22    permit to the parent.
23    In addition to the penalties or punishment that may be
24imposed under this Section, any person whose conduct
25constitutes a violation of Section 15 of the Non-Support
26Punishment Act may be prosecuted under that Act, and a person

 

 

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1convicted under that Act may be sentenced in accordance with
2that Act. The sentence may include, but need not be limited to,
3a requirement that the person perform community service under
4Section 50 of that Act or participate in a work alternative
5program under Section 50 of that Act. A person may not be
6required to participate in a work alternative program under
7Section 50 of that Act if the person is currently participating
8in a work program pursuant to Section 806 of this Act.
9    (c) In any post-judgment proceeding to enforce or modify
10the judgment the parties shall continue to be designated as in
11the original proceeding.
 
12    Section 806. Unemployment of person owing duty of support.
13    (a) Whenever it is determined in a proceeding to establish
14or enforce a child support obligation that the person owing a
15duty of support is unemployed, the court may order the person
16to seek employment and report periodically to the court with a
17diary, listing, or other memorandum of his or her efforts in
18accordance with such order. Additionally, the court may order
19the unemployed person to report to the Department of Employment
20Security for job search services and to participate in job
21training or work programs. When the duty of support is owed to
22a child receiving child support enforcement services under
23Article X of the Illinois Public Aid Code, the court may order
24the unemployed person to report to the Illinois Department of
25Healthcare and Family Services for participation in job search,

 

 

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1training, or work programs established under Section 9-6 and
2Article IXA of that Code.
3    (b) Whenever it is determined that a person owes past-due
4support for a child, and the child is receiving assistance
5under the Illinois Public Aid Code, the court shall order the
6following at the request of the Illinois Department of
7Healthcare and Family Services:
8        (1) that the person pay the past-due support in
9    accordance with a plan approved by the court; or
10        (2) if the person owing past-due support is unemployed,
11    is subject to such a plan, and is not incapacitated, that
12    the person participate in such job search, training, or
13    work programs established under Section 9-6 and Article IXA
14    of the Illinois Public Aid Code as the court deems
15    appropriate.
 
16    Section 807. Order of protection; status. Whenever relief
17is sought under this Act, the court, before granting relief,
18shall determine whether any order of protection has previously
19been entered in the instant proceeding or any other proceeding
20in which any party, or a child of any party, or both, if
21relevant, has been designated as either a respondent or a
22protected person.
 
23    Section 808. Modification of judgment. The court has
24continuing jurisdiction to modify an order for support,

 

 

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1custody, parenting time, or removal included in a judgment
2entered under this Act. Any custody, parenting time, or removal
3judgment modification shall be in accordance with the relevant
4factors specified in the Illinois Marriage and Dissolution of
5Marriage Act. Any support judgment is subject to modification
6or termination only in accordance with Section 510 of the
7Illinois Marriage and Dissolution of Marriage Act.
 
8    Section 809. Right to counsel.
9    (a) Any party may be represented by counsel at all
10proceedings under this Act. Except as otherwise provided in
11this Act, the court may order reasonable fees of counsel,
12experts, and other costs of the action, pre-trial proceedings,
13post-judgment proceedings to enforce or modify the judgment,
14and the appeal or the defense of an appeal of the judgment to
15be paid by the parties in accordance with the relevant factors
16specified in Section 508 of the Illinois Marriage and
17Dissolution of Marriage Act. The court may not order payment by
18the Department of Healthcare and Family Services in cases in
19which the Department is providing child support enforcement
20services under Article X of the Illinois Public Aid Code.
21    (b) In any proceedings involving the support, custody,
22parenting time, education, parentage, property interest, or
23general welfare of a minor or dependent child, the court may,
24on its own motion or that of any party, appoint an attorney to
25serve in one of the capacities specified in Section 506 of the

 

 

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1Illinois Marriage and Dissolution of Marriage Act.
 
2    Section 810. Withholding of income to secure payment of
3support. Orders for support entered under this Act are subject
4to the Income Withholding for Support Act.
 
5    Section 811. Information concerning obligors.
6    (a) In this Section:
7    "Arrearage", "delinquency", "obligor", and "order for
8support" have the meanings attributed to those terms in the
9Income Withholding for Support Act.
10    "Consumer reporting agency" has the meaning attributed to
11that term in Section 603(f) of the Fair Credit Reporting Act,
1215 U.S.C. 1681a(f).
13    (b) Whenever a court of competent jurisdiction finds that
14an obligor either owes an arrearage of more than $10,000 or is
15delinquent in payment of an amount equal to at least 3 months'
16support obligation pursuant to an order for support, the court
17shall direct the clerk of the circuit court to make information
18concerning the obligor available to consumer reporting
19agencies.
20    (c) Whenever a court of competent jurisdiction finds that
21an obligor either owes an arrearage of more than $10,000 or is
22delinquent in payment of an amount equal to at least 3 months'
23support obligation pursuant to an order for support, the court
24shall direct the clerk of the circuit court to cause the

 

 

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1obligor's name and address to be published in a newspaper of
2general circulation in the area in which the obligor resides.
3The clerk of the circuit court shall cause the obligor's name
4and address to be published only after sending to the obligor
5at the obligor's last known address, by certified mail, return
6receipt requested, a notice of intent to publish the
7information. This subsection (c) applies only if the obligor
8resides in the county in which the clerk of the circuit court
9holds office.
 
10    Section 812. Interest on support obligations. A support
11obligation, or any portion of a support obligation, which
12becomes due and remains unpaid as of the end of each month,
13excluding the child support that was due for that month to the
14extent that it was not paid in that month, shall accrue simple
15interest as set forth in Section 12-109 of the Code of Civil
16Procedure. An order for support shall contain a statement that
17a support obligation required under the order, or any portion
18of a support obligation required under the order, that becomes
19due and remains unpaid as of the end of each month, excluding
20the child support that was due for that month to the extent
21that it was not paid in that month, shall accrue simple
22interest as set forth in Section 12-109 of the Code of Civil
23Procedure. Failure to include the statement in the order for
24support does not affect the validity of the order or the
25accrual of interest as provided in this Section.
 

 

 

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1    Section 813. Support payments; receiving and disbursing
2agents.
3    (a) In an action filed in a county of less than 3,000,000
4population in which an order for child support is entered, and
5in supplementary proceedings in such a county to enforce or
6vary the terms of such order arising out of an action filed in
7such a county, the court, except in actions or supplementary
8proceedings in which the pregnancy and delivery expenses of the
9mother or the child support payments are for a recipient of aid
10under the Illinois Public Aid Code, shall direct that child
11support payments be made to the clerk of the circuit court
12unless in the discretion of the court exceptional circumstances
13warrant otherwise. In cases where payment is to be made to
14persons other than the clerk of the circuit court, the judgment
15or order of support shall set forth the facts of the
16exceptional circumstances.
17    (b) In an action filed in a county of 3,000,000 or more
18population in which an order for child support is entered, and
19in supplementary proceedings in such a county to enforce or
20vary the terms of such order arising out of an action filed in
21such a county, the court, except in actions or supplementary
22proceedings in which the pregnancy and delivery expenses of the
23mother or the child support payments are for a recipient of aid
24under the Illinois Public Aid Code, shall direct that child
25support payments be made either to the clerk of the circuit

 

 

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1court or to the Court Service Division of the County Department
2of Public Aid or its successor, or to the clerk of the circuit
3court or to the Illinois Department of Healthcare and Family
4Services, unless in the discretion of the court exceptional
5circumstances warrant otherwise. In cases where payment is to
6be made to persons other than the clerk of the circuit court,
7the Court Service Division of the County Department of Public
8Aid or its successor, or the Illinois Department of Healthcare
9and Family Services, the judgment or order of support shall set
10forth the facts of the exceptional circumstances.
11    (c) Where the action or supplementary proceeding is in
12behalf of a mother for pregnancy and delivery expenses or for
13child support, or both, and the mother, child, or both, are
14recipients of aid under the Illinois Public Aid Code, the court
15shall order that the payments be made directly to (1) the
16Illinois Department of Healthcare and Family Services if the
17mother or child, or both, are recipients under Article IV or V
18of the Code or (2) the local governmental unit responsible for
19the support of the mother or child, or both, if they are
20recipients under Article VI or VII of the Code. In accordance
21with federal law and regulations, the Illinois Department of
22Healthcare and Family Services may continue to collect current
23maintenance payments or child support payments, or both, after
24those persons cease to receive public assistance and until
25termination of services under Article X of the Illinois Public
26Aid Code. The Illinois Department of Healthcare and Family

 

 

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1Services shall pay the net amount collected to those persons
2after deducting any costs incurred in making the collection or
3any collection fee from the amount of any recovery made. The
4Illinois Department of Healthcare and Family Services or the
5local governmental unit, as the case may be, may direct that
6payments be made directly to the mother of the child, or to
7some other person or agency in the child's behalf, upon the
8removal of the mother and child from the public aid rolls or
9upon termination of services under Article X of the Illinois
10Public Aid Code; and upon such direction, the Illinois
11Department or the local governmental unit, as the case
12requires, shall give notice of such action to the court in
13writing or by electronic transmission.
14    (d) All clerks of the circuit court and the Court Service
15Division of the Department of Human Services local office or
16offices or its successor and the Illinois Department of
17Healthcare and Family Services, receiving child support
18payments under subsection (a) or (b) shall disburse the same to
19the person or persons entitled thereto under the terms of the
20order. They shall establish and maintain clear and current
21records of all moneys received and disbursed and of defaults
22and delinquencies in required payments. The court, by order or
23rule, shall make provision for the carrying out of these
24duties. Payments under this Section to the Illinois Department
25of Healthcare and Family Services pursuant to the Child Support
26Enforcement Program established by Title IV-D of the Social

 

 

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1Security Act shall be paid into the Child Support Enforcement
2Trust Fund. All payments under this Section to the Illinois
3Department of Human Services shall be deposited in the DHS
4Recoveries Trust Fund. Disbursement from these funds shall be
5as provided in the Illinois Public Aid Code. Payments received
6by a local governmental unit shall be deposited in that unit's
7General Assistance Fund.
8    (e) The moneys received by persons or agencies designated
9by the court shall be disbursed by them in accordance with the
10order. However, the court, on petition of the State's Attorney,
11may enter new orders designating the clerk of the circuit court
12or the Illinois Department of Healthcare and Family Services as
13the person or agency authorized to receive and disburse child
14support payments and, in the case of recipients of public aid,
15the court, on petition of the Attorney General or State's
16Attorney, shall direct subsequent payments to be paid to the
17Illinois Department of Healthcare and Family Services or to the
18appropriate local governmental unit, as provided in subsection
19(c). Payments of child support by principals or sureties on
20bonds or proceeds of any sale for the enforcement of a judgment
21shall be made to the clerk of the circuit court, the Illinois
22Department of Healthcare and Family Services, or the
23appropriate local governmental unit, as the respective
24provisions of this Section require.
25    (f) For those cases in which child support is payable to
26the clerk of the circuit court for transmittal to the Illinois

 

 

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1Department of Healthcare and Family Services by order of court
2or upon notification by the Illinois Department of Healthcare
3and Family Services, the clerk of the circuit court shall
4transmit all such payments, within 4 working days of receipt,
5to insure that funds are available for immediate distribution
6by the Department to the person or entity entitled thereto in
7accordance with standards of the Child Support Enforcement
8Program established under Title IV-D of the Social Security
9Act. The clerk of the circuit court shall notify the Department
10of the date of receipt and amount thereof at the time of
11transmittal. Where the clerk of the circuit court has entered
12into an agreement of cooperation with the Department to record
13the terms of child support orders and payments made thereunder
14directly into the Department's automated data processing
15system, the clerk of the circuit court shall account for,
16transmit and otherwise distribute child support payments in
17accordance with such agreement in lieu of the requirements
18contained herein.
19    (g) To the extent the provisions of this Section are
20inconsistent with the requirements pertaining to the State
21Disbursement Unit under Section 815 of this Act and Section
2210-26 of the Illinois Public Aid Code, the requirements
23pertaining to the State Disbursement Unit shall apply.
 
24    Section 814. Notice of child support enforcement services.
25The Illinois Department of Healthcare and Family Services may

 

 

HB6191- 79 -LRB097 13524 JLS 69734 b

1provide notice at any time to the parties to an action filed
2under this Act that child support enforcement services are
3being provided by the Illinois Department under Article X of
4the Illinois Public Aid Code. After notice is provided pursuant
5to this Section, the Illinois Department shall be entitled, as
6if it were a party, to notice of any further proceedings
7brought in the case. The Illinois Department shall provide the
8clerk of the circuit court with copies of the notices sent to
9the parties. The clerk of the circuit court shall file the
10copies in the court file.
 
11    Section 815. Payment of support to State Disbursement Unit.
12    (a) As used in this Section, "order for support",
13"obligor", "obligee", and "payor" mean those terms as defined
14in the Income Withholding for Support Act, except that "order
15for support" does not mean orders providing for spousal
16maintenance under which there is no child support obligation.
17    (b) Notwithstanding any other provision of this Act to the
18contrary, each order for support entered or modified on or
19after October 1, 1999 shall require that support payments be
20made to the State Disbursement Unit established under Section
2110-26 of the Illinois Public Aid Code if:
22        (1) a party to the order is receiving child support
23    enforcement services under Article X of the Illinois Public
24    Aid Code; or
25        (2) no party to the order is receiving child support

 

 

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1    enforcement services, but the support payments are made
2    through income withholding.
3    (c) Support payments shall be made to the State
4Disbursement Unit if:
5        (1) the order for support was entered before October 1,
6    1999, and a party to the order is receiving child support
7    enforcement services under Article X of the Illinois Public
8    Aid Code; or
9        (2) no party to the order is receiving child support
10    enforcement services, and the support payments are being
11    made through income withholding.
12    (d) If no party to the order is receiving child support
13enforcement services under Article X of the Illinois Public Aid
14Code and the support payments are not made through income
15withholding, then support payments shall be made as directed by
16the order for support.
17    (e) At any time, and notwithstanding the existence of an
18order directing payments to be made elsewhere, the Illinois
19Department of Healthcare and Family Services may provide notice
20to the obligor and, where applicable, to the obligor's payor:
21        (1) to make support payments to the State Disbursement
22    Unit if:
23            (A) a party to the order for support is receiving
24        child support enforcement services under Article X of
25        the Illinois Public Aid Code; or
26            (B) no party to the order for support is receiving

 

 

HB6191- 81 -LRB097 13524 JLS 69734 b

1        child support enforcement services under Article X of
2        the Illinois Public Aid Code, but the support payments
3        are made through income withholding; or
4        (2) to make support payments to the State Disbursement
5    Unit of another state upon request of another state's Title
6    IV-D child support enforcement agency, in accordance with
7    the requirements of Title IV, Part D of the Social Security
8    Act and regulations promulgated under that Part D.
9    The Illinois Department of Healthcare and Family Services
10shall provide a copy of the notice to the obligee and to the
11clerk of the circuit court.
12    (f) The clerk of the circuit court shall provide written
13notice to the obligor to make payments directly to the clerk of
14the circuit court if no party to the order is receiving child
15support enforcement services under Article X of the Illinois
16Public Aid Code, the support payments are not made through
17income withholding, and the order for support requires support
18payments to be made directly to the clerk of the circuit court.
19The clerk of the circuit court shall provide a copy of the
20notice to the obligee.
21    (g) If the State Disbursement Unit receives a support
22payment that was not appropriately made to the Unit under this
23Section, the Unit shall immediately return the payment to the
24sender, including, if possible, instructions detailing where
25to send the support payments.
26    (h) The notices under subsections (e) and (f) may be sent

 

 

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1by ordinary mail, certified mail, return receipt requested,
2facsimile transmission, or other electronic process, or may be
3served upon the obligor or payor using any method provided by
4law for service of a summons.
 
5    Section 816. Collection fee. In all cases instituted by the
6Illinois Department of Healthcare and Family Services on behalf
7of a child or spouse, other than one receiving a grant of
8financial aid under Article IV of the Illinois Public Aid Code,
9on whose behalf an application has been made and approved for
10child support enforcement services as provided by Section 10-1
11of that Code, the court shall impose a collection fee on the
12individual who owes a child or spouse support obligation in an
13amount equal to 10% of the amount so owed as long as such
14collection is required by federal law, which fee shall be in
15addition to the support obligation. The imposition of such fee
16shall be in accordance with the provisions of Title IV, Part D,
17of the Social Security Act and the regulations duly promulgated
18thereunder. The fee shall be payable to the clerk of the
19circuit court for transmittal to the Illinois Department of
20Healthcare and Family Services and shall continue until support
21services are terminated by that Department.
 
22    Section 817. Notice to the clerk of circuit court of
23payment received by Illinois Department of Healthcare and
24Family Services for recording. For those cases in which support

 

 

HB6191- 83 -LRB097 13524 JLS 69734 b

1is payable to the clerk of the circuit court for transmittal to
2the Illinois Department of Healthcare and Family Services by
3order of court, and the Illinois Department of Healthcare and
4Family Services collects support by assignment, offset,
5withhold, deduction, or other process permitted by law, the
6Illinois Department of Healthcare and Family Services shall
7notify the clerk of the circuit court of the date and amount of
8such collection. Upon notification, the clerk of the circuit
9court shall record the collection on the payment record for the
10case.
 
11    Section 818. Administrative determinations of paternity.
12Notwithstanding any other provision of this Act, the Illinois
13Department of Healthcare and Family Services may make
14administrative determinations of paternity and nonpaternity in
15accordance with Article X of the Illinois Public Aid Code.
16These determinations of paternity or nonpaternity shall have
17the full force and effect of judgments entered under this Act.
 
18
ARTICLE 9. MISCELLANEOUS PROVISIONS

 
19    Section 901. Burden of proof. Absent a burden of proof
20specifically set forth in this Act, the burden of proof shall
21be by a preponderance of the evidence.
 
22    Section 902. Severability clause. If any provision of this

 

 

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1Act or its application to an individual or circumstance is held
2invalid, the invalidity does not affect other provisions or
3applications of this Act which can be given effect without the
4invalid provision or application, and to this end the
5provisions of this Act are severable.
 
6    (750 ILCS 40/Act rep.)
7    (750 ILCS 45/Act rep.)
8    Section 903. Repeal. The following Acts are repealed:
9    (1) The Illinois Parentage Act.
10    (2) The Illinois Parentage Act of 1984.
 
11    Section 904. Transitional provision. A proceeding to
12adjudicate parentage which was commenced before the effective
13date of this Act is governed by the law in effect at the time
14the proceeding was commenced.
 
15    Section 905. Savings provision. The repeal of the Illinois
16Parentage Act of 1984 and the Illinois Parentage Act shall not
17affect rights or liabilities which have accrued thereunder and
18which have been determined, settled, or adjudicated prior to
19the effective date of this Act or which are the subject of
20proceedings pending thereunder on such effective date.
21Provided further, this Act shall not be construed to bar an
22action which would have been barred because the action had not
23been filed within the then applicable time limitation, or which

 

 

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1could not have been maintained under the Illinois Parentage Act
2of 1984 and the Illinois Parentage Act as long as the
3limitations periods set forth in this Act are complied with.
 
4    Section 906. Other states' establishments of parentage.
5Establishments of parentage made under the laws of other states
6shall be given full faith and credit in this State regardless
7of whether parentage was established through voluntary
8acknowledgment, tests to determine inherited characteristics,
9or judicial or administrative processes.
 
10    Section 951. The Department of Employment Security Law of
11the Civil Administrative Code of Illinois is amended by
12changing Section 1005-130 as follows:
 
13    (20 ILCS 1005/1005-130)  (was 20 ILCS 1005/43a.14)
14    Sec. 1005-130. Exchange of information for child support
15enforcement.
16    (a) The Department has the power to exchange with the
17Department of Healthcare and Family Services information that
18may be necessary for the enforcement of child support orders
19entered pursuant to the Illinois Public Aid Code, the Illinois
20Marriage and Dissolution of Marriage Act, the Non-Support of
21Spouse and Children Act, the Non-Support Punishment Act, the
22Revised Uniform Reciprocal Enforcement of Support Act, the
23Uniform Interstate Family Support Act, or the Illinois

 

 

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1Parentage Act of 1984, or the Illinois Parentage Act of 2012.
2    (b) Notwithstanding any provisions in the Civil
3Administrative Code of Illinois to the contrary, the Department
4of Employment Security shall not be liable to any person for
5any disclosure of information to the Department of Healthcare
6and Family Services (formerly Illinois Department of Public
7Aid) under subsection (a) or for any other action taken in good
8faith to comply with the requirements of subsection (a).
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    Section 952. The Department of Professional Regulation Law
11of the Civil Administrative Code of Illinois is amended by
12changing Section 2105-15 as follows:
 
13    (20 ILCS 2105/2105-15)
14    Sec. 2105-15. General powers and duties.
15    (a) The Department has, subject to the provisions of the
16Civil Administrative Code of Illinois, the following powers and
17duties:
18        (1) To authorize examinations in English to ascertain
19    the qualifications and fitness of applicants to exercise
20    the profession, trade, or occupation for which the
21    examination is held.
22        (2) To prescribe rules and regulations for a fair and
23    wholly impartial method of examination of candidates to
24    exercise the respective professions, trades, or

 

 

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1    occupations.
2        (3) To pass upon the qualifications of applicants for
3    licenses, certificates, and authorities, whether by
4    examination, by reciprocity, or by endorsement.
5        (4) To prescribe rules and regulations defining, for
6    the respective professions, trades, and occupations, what
7    shall constitute a school, college, or university, or
8    department of a university, or other institution,
9    reputable and in good standing, and to determine the
10    reputability and good standing of a school, college, or
11    university, or department of a university, or other
12    institution, reputable and in good standing, by reference
13    to a compliance with those rules and regulations; provided,
14    that no school, college, or university, or department of a
15    university, or other institution that refuses admittance
16    to applicants solely on account of race, color, creed, sex,
17    or national origin shall be considered reputable and in
18    good standing.
19        (5) To conduct hearings on proceedings to revoke,
20    suspend, refuse to renew, place on probationary status, or
21    take other disciplinary action as authorized in any
22    licensing Act administered by the Department with regard to
23    licenses, certificates, or authorities of persons
24    exercising the respective professions, trades, or
25    occupations and to revoke, suspend, refuse to renew, place
26    on probationary status, or take other disciplinary action

 

 

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1    as authorized in any licensing Act administered by the
2    Department with regard to those licenses, certificates, or
3    authorities. The Department shall issue a monthly
4    disciplinary report. The Department shall deny any license
5    or renewal authorized by the Civil Administrative Code of
6    Illinois to any person who has defaulted on an educational
7    loan or scholarship provided by or guaranteed by the
8    Illinois Student Assistance Commission or any governmental
9    agency of this State; however, the Department may issue a
10    license or renewal if the aforementioned persons have
11    established a satisfactory repayment record as determined
12    by the Illinois Student Assistance Commission or other
13    appropriate governmental agency of this State.
14    Additionally, beginning June 1, 1996, any license issued by
15    the Department may be suspended or revoked if the
16    Department, after the opportunity for a hearing under the
17    appropriate licensing Act, finds that the licensee has
18    failed to make satisfactory repayment to the Illinois
19    Student Assistance Commission for a delinquent or
20    defaulted loan. For the purposes of this Section,
21    "satisfactory repayment record" shall be defined by rule.
22    The Department shall refuse to issue or renew a license to,
23    or shall suspend or revoke a license of, any person who,
24    after receiving notice, fails to comply with a subpoena or
25    warrant relating to a paternity or child support
26    proceeding. However, the Department may issue a license or

 

 

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1    renewal upon compliance with the subpoena or warrant.
2        The Department, without further process or hearings,
3    shall revoke, suspend, or deny any license or renewal
4    authorized by the Civil Administrative Code of Illinois to
5    a person who is certified by the Department of Healthcare
6    and Family Services (formerly Illinois Department of
7    Public Aid) as being more than 30 days delinquent in
8    complying with a child support order or who is certified by
9    a court as being in violation of the Non-Support Punishment
10    Act for more than 60 days. The Department may, however,
11    issue a license or renewal if the person has established a
12    satisfactory repayment record as determined by the
13    Department of Healthcare and Family Services (formerly
14    Illinois Department of Public Aid) or if the person is
15    determined by the court to be in compliance with the
16    Non-Support Punishment Act. The Department may implement
17    this paragraph as added by Public Act 89-6 through the use
18    of emergency rules in accordance with Section 5-45 of the
19    Illinois Administrative Procedure Act. For purposes of the
20    Illinois Administrative Procedure Act, the adoption of
21    rules to implement this paragraph shall be considered an
22    emergency and necessary for the public interest, safety,
23    and welfare.
24        (6) To transfer jurisdiction of any realty under the
25    control of the Department to any other department of the
26    State Government or to acquire or accept federal lands when

 

 

HB6191- 90 -LRB097 13524 JLS 69734 b

1    the transfer, acquisition, or acceptance is advantageous
2    to the State and is approved in writing by the Governor.
3        (7) To formulate rules and regulations necessary for
4    the enforcement of any Act administered by the Department.
5        (8) To exchange with the Department of Healthcare and
6    Family Services information that may be necessary for the
7    enforcement of child support orders entered pursuant to the
8    Illinois Public Aid Code, the Illinois Marriage and
9    Dissolution of Marriage Act, the Non-Support of Spouse and
10    Children Act, the Non-Support Punishment Act, the Revised
11    Uniform Reciprocal Enforcement of Support Act, the Uniform
12    Interstate Family Support Act, or the Illinois Parentage
13    Act of 1984 , or the Illinois Parentage Act of 2012.
14    Notwithstanding any provisions in this Code to the
15    contrary, the Department of Professional Regulation shall
16    not be liable under any federal or State law to any person
17    for any disclosure of information to the Department of
18    Healthcare and Family Services (formerly Illinois
19    Department of Public Aid) under this paragraph (8) or for
20    any other action taken in good faith to comply with the
21    requirements of this paragraph (8).
22        (9) To perform other duties prescribed by law.
23    (a-5) Except in cases involving default on an educational
24loan or scholarship provided by or guaranteed by the Illinois
25Student Assistance Commission or any governmental agency of
26this State or in cases involving delinquency in complying with

 

 

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1a child support order or violation of the Non-Support
2Punishment Act, no person or entity whose license, certificate,
3or authority has been revoked as authorized in any licensing
4Act administered by the Department may apply for restoration of
5that license, certification, or authority until 3 years after
6the effective date of the revocation.
7    (b) The Department may, when a fee is payable to the
8Department for a wall certificate of registration provided by
9the Department of Central Management Services, require that
10portion of the payment for printing and distribution costs be
11made directly or through the Department to the Department of
12Central Management Services for deposit into the Paper and
13Printing Revolving Fund. The remainder shall be deposited into
14the General Revenue Fund.
15    (c) For the purpose of securing and preparing evidence, and
16for the purchase of controlled substances, professional
17services, and equipment necessary for enforcement activities,
18recoupment of investigative costs, and other activities
19directed at suppressing the misuse and abuse of controlled
20substances, including those activities set forth in Sections
21504 and 508 of the Illinois Controlled Substances Act, the
22Director and agents appointed and authorized by the Director
23may expend sums from the Professional Regulation Evidence Fund
24that the Director deems necessary from the amounts appropriated
25for that purpose. Those sums may be advanced to the agent when
26the Director deems that procedure to be in the public interest.

 

 

HB6191- 92 -LRB097 13524 JLS 69734 b

1Sums for the purchase of controlled substances, professional
2services, and equipment necessary for enforcement activities
3and other activities as set forth in this Section shall be
4advanced to the agent who is to make the purchase from the
5Professional Regulation Evidence Fund on vouchers signed by the
6Director. The Director and those agents are authorized to
7maintain one or more commercial checking accounts with any
8State banking corporation or corporations organized under or
9subject to the Illinois Banking Act for the deposit and
10withdrawal of moneys to be used for the purposes set forth in
11this Section; provided, that no check may be written nor any
12withdrawal made from any such account except upon the written
13signatures of 2 persons designated by the Director to write
14those checks and make those withdrawals. Vouchers for those
15expenditures must be signed by the Director. All such
16expenditures shall be audited by the Director, and the audit
17shall be submitted to the Department of Central Management
18Services for approval.
19    (d) Whenever the Department is authorized or required by
20law to consider some aspect of criminal history record
21information for the purpose of carrying out its statutory
22powers and responsibilities, then, upon request and payment of
23fees in conformance with the requirements of Section 2605-400
24of the Department of State Police Law (20 ILCS 2605/2605-400),
25the Department of State Police is authorized to furnish,
26pursuant to positive identification, the information contained

 

 

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1in State files that is necessary to fulfill the request.
2    (e) The provisions of this Section do not apply to private
3business and vocational schools as defined by Section 15 of the
4Private Business and Vocational Schools Act of 2012.
5    (f) Beginning July 1, 1995, this Section does not apply to
6those professions, trades, and occupations licensed under the
7Real Estate License Act of 2000, nor does it apply to any
8permits, certificates, or other authorizations to do business
9provided for in the Land Sales Registration Act of 1989 or the
10Illinois Real Estate Time-Share Act.
11    (g) Notwithstanding anything that may appear in any
12individual licensing statute or administrative rule, the
13Department shall deny any license application or renewal
14authorized under any licensing Act administered by the
15Department to any person who has failed to file a return, or to
16pay the tax, penalty, or interest shown in a filed return, or
17to pay any final assessment of tax, penalty, or interest, as
18required by any tax Act administered by the Illinois Department
19of Revenue, until such time as the requirement of any such tax
20Act are satisfied; however, the Department may issue a license
21or renewal if the person has established a satisfactory
22repayment record as determined by the Illinois Department of
23Revenue. For the purpose of this Section, "satisfactory
24repayment record" shall be defined by rule.
25    In addition, a complaint filed with the Department by the
26Illinois Department of Revenue that includes a certification,

 

 

HB6191- 94 -LRB097 13524 JLS 69734 b

1signed by its Director or designee, attesting to the amount of
2the unpaid tax liability or the years for which a return was
3not filed, or both, is prima facia evidence of the licensee's
4failure to comply with the tax laws administered by the
5Illinois Department of Revenue. Upon receipt of that
6certification, the Department shall, without a hearing,
7immediately suspend all licenses held by the licensee.
8Enforcement of the Department's order shall be stayed for 60
9days. The Department shall provide notice of the suspension to
10the licensee by mailing a copy of the Department's order by
11certified and regular mail to the licensee's last known address
12as registered with the Department. The notice shall advise the
13licensee that the suspension shall be effective 60 days after
14the issuance of the Department's order unless the Department
15receives, from the licensee, a request for a hearing before the
16Department to dispute the matters contained in the order.
17    Any suspension imposed under this subsection (g) shall be
18terminated by the Department upon notification from the
19Illinois Department of Revenue that the licensee is in
20compliance with all tax laws administered by the Illinois
21Department of Revenue.
22    The Department shall promulgate rules for the
23administration of this subsection (g).
24    (h) The Department may grant the title "Retired", to be
25used immediately adjacent to the title of a profession
26regulated by the Department, to eligible retirees. The use of

 

 

HB6191- 95 -LRB097 13524 JLS 69734 b

1the title "Retired" shall not constitute representation of
2current licensure, registration, or certification. Any person
3without an active license, registration, or certificate in a
4profession that requires licensure, registration, or
5certification shall not be permitted to practice that
6profession.
7    (i) Within 180 days after December 23, 2009 (the effective
8date of Public Act 96-852), the Department shall promulgate
9rules which permit a person with a criminal record, who seeks a
10license or certificate in an occupation for which a criminal
11record is not expressly a per se bar, to apply to the
12Department for a non-binding, advisory opinion to be provided
13by the Board or body with the authority to issue the license or
14certificate as to whether his or her criminal record would bar
15the individual from the licensure or certification sought,
16should the individual meet all other licensure requirements
17including, but not limited to, the successful completion of the
18relevant examinations.
19(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
2096-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
 
21    Section 953. The Department of Revenue Law of the Civil
22Administrative Code of Illinois is amended by changing Section
232505-65 as follows:
 
24    (20 ILCS 2505/2505-65)  (was 20 ILCS 2505/39b12)

 

 

HB6191- 96 -LRB097 13524 JLS 69734 b

1    Sec. 2505-65. Exchange of information.
2    (a) The Department has the power to exchange with any
3state, with any local subdivisions of any state, or with the
4federal government, except when specifically prohibited by
5law, any information that may be necessary to efficient tax
6administration and that may be acquired as a result of the
7administration of the laws set forth in the Sections following
8Section 95-10 and preceding Section 2505-60.
9    (b) The Department has the power to exchange with the
10Department of Healthcare and Family Services information that
11may be necessary for the enforcement of child support orders
12entered pursuant to the Illinois Public Aid Code, the Illinois
13Marriage and Dissolution of Marriage Act, the Non-Support of
14Spouse and Children Act, the Non-Support Punishment Act, the
15Revised Uniform Reciprocal Enforcement of Support Act, the
16Uniform Interstate Family Support Act, or the Illinois
17Parentage Act of 1984, or the Illinois Parentage Act of 2012.
18Notwithstanding any provisions in this Code to the contrary,
19the Department of Revenue shall not be liable to any person for
20any disclosure of information to the Department of Healthcare
21and Family Services (formerly Illinois Department of Public
22Aid) under this subsection (b) or for any other action taken in
23good faith to comply with the requirements of this subsection
24(b).
25(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

HB6191- 97 -LRB097 13524 JLS 69734 b

1    Section 954. The Counties Code is amended by changing
2Section 3-5036.5 as follows:
 
3    (55 ILCS 5/3-5036.5)
4    Sec. 3-5036.5. Exchange of information for child support
5enforcement.
6    (a) The Recorder shall exchange with the Department of
7Healthcare and Family Services information that may be
8necessary for the enforcement of child support orders entered
9pursuant to the Illinois Public Aid Code, the Illinois Marriage
10and Dissolution of Marriage Act, the Non-Support of Spouse and
11Children Act, the Non-Support Punishment Act, the Revised
12Uniform Reciprocal Enforcement of Support Act, the Uniform
13Interstate Family Support Act, or the Illinois Parentage Act of
141984, or the Illinois Parentage Act of 2012.
15    (b) Notwithstanding any provisions in this Code to the
16contrary, the Recorder shall not be liable to any person for
17any disclosure of information to the Department of Healthcare
18and Family Services (formerly Illinois Department of Public
19Aid) under subsection (a) or for any other action taken in good
20faith to comply with the requirements of subsection (a).
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    Section 955. The Collection Agency Act is amended by
23changing Section 2.04 as follows:
 

 

 

HB6191- 98 -LRB097 13524 JLS 69734 b

1    (225 ILCS 425/2.04)  (from Ch. 111, par. 2005.1)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 2.04. Child support indebtedness.
4    (a) Persons, associations, partnerships, corporations, or
5other legal entities engaged in the business of collecting
6child support indebtedness owing under a court order as
7provided under the Illinois Public Aid Code, the Illinois
8Marriage and Dissolution of Marriage Act, the Non-Support of
9Spouse and Children Act, the Non-Support Punishment Act, the
10Illinois Parentage Act of 1984, the Illinois Parentage Act of
112012, or similar laws of other states are not restricted (i) in
12the frequency of contact with an obligor who is in arrears,
13whether by phone, mail, or other means, (ii) from contacting
14the employer of an obligor who is in arrears, (iii) from
15publishing or threatening to publish a list of obligors in
16arrears, (iv) from disclosing or threatening to disclose an
17arrearage that the obligor disputes, but for which a verified
18notice of delinquency has been served under the Income
19Withholding for Support Act (or any of its predecessors,
20Section 10-16.2 of the Illinois Public Aid Code, Section 706.1
21of the Illinois Marriage and Dissolution of Marriage Act,
22Section 4.1 of the Non-Support of Spouse and Children Act,
23Section 26.1 of the Revised Uniform Reciprocal Enforcement of
24Support Act, or Section 20 of the Illinois Parentage Act of
251984), or (v) from engaging in conduct that would not cause a
26reasonable person mental or physical illness. For purposes of

 

 

HB6191- 99 -LRB097 13524 JLS 69734 b

1this subsection, "obligor" means an individual who owes a duty
2to make periodic payments, under a court order, for the support
3of a child. "Arrearage" means the total amount of an obligor's
4unpaid child support obligations.
5    (a-5) A collection agency may not impose a fee or charge,
6including costs, for any child support payments collected
7through the efforts of a federal, State, or local government
8agency, including but not limited to child support collected
9from federal or State tax refunds, unemployment benefits, or
10Social Security benefits.
11    No collection agency that collects child support payments
12shall (i) impose a charge or fee, including costs, for
13collection of a current child support payment, (ii) fail to
14apply collections to current support as specified in the order
15for support before applying collection to arrears or other
16amounts, or (iii) designate a current child support payment as
17arrears or other amount owed. In all circumstances, the
18collection agency shall turn over to the obligee all support
19collected in a month up to the amount of current support
20required to be paid for that month.
21    As to any fees or charges, including costs, retained by the
22collection agency, that agency shall provide documentation to
23the obligee demonstrating that the child support payments
24resulted from the actions of the agency.
25    After collection of the total amount or arrearage,
26including statutory interest, due as of the date of execution

 

 

HB6191- 100 -LRB097 13524 JLS 69734 b

1of the collection contract, no further fees may be charged.
2    (a-10) The Department of Professional Regulation shall
3determine a fee rate of not less than 25% but not greater than
435%, based upon presentation by the licensees as to costs to
5provide the service and a fair rate of return. This rate shall
6be established by administrative rule.
7    Without prejudice to the determination by the Department of
8the appropriate rate through administrative rule, a collection
9agency shall impose a fee of not more than 29% of the amount of
10child support actually collected by the collection agency
11subject to the provisions of subsection (a-5). This interim
12rate is based upon the March 2002 General Account Office report
13"Child Support Enforcement", GAO-02-349. This rate shall apply
14until a fee rate is established by administrative rule.
15    (b) The Department shall adopt rules necessary to
16administer and enforce the provisions of this Section.
17(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)
 
18    Section 956. The Illinois Public Aid Code is amended by
19changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19,
2010-25, 10-25.5, 10-27, and 12-4.7c as follows:
 
21    (305 ILCS 5/10-3.1)  (from Ch. 23, par. 10-3.1)
22    Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
23Department shall establish within its administrative staff a
24Child and Spouse Support Unit to search for and locate absent

 

 

HB6191- 101 -LRB097 13524 JLS 69734 b

1parents and spouses liable for the support of persons resident
2in this State and to exercise the support enforcement powers
3and responsibilities assigned the Department by this Article.
4The unit shall cooperate with all law enforcement officials in
5this State and with the authorities of other States in locating
6persons responsible for the support of persons resident in
7other States and shall invite the cooperation of these
8authorities in the performance of its duties.
9    In addition to other duties assigned the Child and Spouse
10Support Unit by this Article, the Unit may refer to the
11Attorney General or units of local government with the approval
12of the Attorney General, any actions under Sections 10-10 and
1310-15 for judicial enforcement of the support liability. The
14Child and Spouse Support Unit shall act for the Department in
15referring to the Attorney General support matters requiring
16judicial enforcement under other laws. If requested by the
17Attorney General to so act, as provided in Section 12-16,
18attorneys of the Unit may assist the Attorney General or
19themselves institute actions on in behalf of the Illinois
20Department under the Revised Uniform Reciprocal Enforcement of
21Support Act; under the Illinois Parentage Act of 1984 or under
22the Illinois Parentage Act of 2012; under the Non-Support of
23Spouse and Children Act; under the Non-Support Punishment Act;
24or under any other law, State or Federal, providing for support
25of a spouse or dependent child.
26    The Illinois Department shall also have the authority to

 

 

HB6191- 102 -LRB097 13524 JLS 69734 b

1enter into agreements with local governmental units or
2individuals, with the approval of the Attorney General, for the
3collection of moneys owing because of the failure of a parent
4to make child support payments for any child receiving services
5under this Article. Such agreements may be on a contingent fee
6basis, but such contingent fee shall not exceed 25% of the
7total amount collected.
8    An attorney who provides representation pursuant to this
9Section shall represent the Illinois Department exclusively.
10Regardless of the designation of the plaintiff in an action
11brought pursuant to this Section, an attorney-client
12relationship does not exist for purposes of that action between
13that attorney and (i) an applicant for or recipient of child
14support enforcement services or (ii) any other party to the
15action other than the Illinois Department. Nothing in this
16Section shall be construed to modify any power or duty
17(including a duty to maintain confidentiality) of the Child and
18Spouse Support Unit or the Illinois Department otherwise
19provided by law.
20    The Illinois Department may also enter into agreements with
21local governmental units for the Child and Spouse Support Unit
22to exercise the investigative and enforcement powers
23designated in this Article, including the issuance of
24administrative orders under Section 10-11, in locating
25responsible relatives and obtaining support for persons
26applying for or receiving aid under Article VI. Payments for

 

 

HB6191- 103 -LRB097 13524 JLS 69734 b

1defrayment of administrative costs and support payments
2obtained shall be deposited into the DHS Recoveries Trust Fund.
3Support payments shall be paid over to the General Assistance
4Fund of the local governmental unit at such time or times as
5the agreement may specify.
6    With respect to those cases in which it has support
7enforcement powers and responsibilities under this Article,
8the Illinois Department may provide by rule for periodic or
9other review of each administrative and court order for support
10to determine whether a modification of the order should be
11sought. The Illinois Department shall provide for and conduct
12such review in accordance with any applicable federal law and
13regulation.
14    As part of its process for review of orders for support,
15the Illinois Department, through written notice, may require
16the responsible relative to disclose his or her Social Security
17Number and past and present information concerning the
18relative's address, employment, gross wages, deductions from
19gross wages, net wages, bonuses, commissions, number of
20dependent exemptions claimed, individual and dependent health
21insurance coverage, and any other information necessary to
22determine the relative's ability to provide support in a case
23receiving child support enforcement services under this
24Article X.
25    The Illinois Department may send a written request for the
26same information to the relative's employer. The employer shall

 

 

HB6191- 104 -LRB097 13524 JLS 69734 b

1respond to the request for information within 15 days after the
2date the employer receives the request. If the employer
3willfully fails to fully respond within the 15-day period, the
4employer shall pay a penalty of $100 for each day that the
5response is not provided to the Illinois Department after the
615-day period has expired. The penalty may be collected in a
7civil action which may be brought against the employer in favor
8of the Illinois Department.
9    A written request for information sent to an employer
10pursuant to this Section shall consist of (i) a citation of
11this Section as the statutory authority for the request and for
12the employer's obligation to provide the requested
13information, (ii) a returnable form setting forth the
14employer's name and address and listing the name of the
15employee with respect to whom information is requested, and
16(iii) a citation of this Section as the statutory authority
17authorizing the employer to withhold a fee of up to $20 from
18the wages or income to be paid to each responsible relative for
19providing the information to the Illinois Department within the
2015-day period. If the employer is withholding support payments
21from the responsible relative's income pursuant to an order for
22withholding, the employer may withhold the fee provided for in
23this Section only after withholding support as required under
24the order. Any amounts withheld from the responsible relative's
25income for payment of support and the fee provided for in this
26Section shall not be in excess of the amounts permitted under

 

 

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1the federal Consumer Credit Protection Act.
2    In a case receiving child support enforcement services, the
3Illinois Department may request and obtain information from a
4particular employer under this Section no more than once in any
512-month period, unless the information is necessary to conduct
6a review of a court or administrative order for support at the
7request of the person receiving child support enforcement
8services.
9    The Illinois Department shall establish and maintain an
10administrative unit to receive and transmit to the Child and
11Spouse Support Unit information supplied by persons applying
12for or receiving child support enforcement services under
13Section 10-1. In addition, the Illinois Department shall
14address and respond to any alleged deficiencies that persons
15receiving or applying for services from the Child and Spouse
16Support Unit may identify concerning the Child and Spouse
17Support Unit's provision of child support enforcement
18services. Within 60 days after an action or failure to act by
19the Child and Spouse Support Unit that affects his or her case,
20a recipient of or applicant for child support enforcement
21services under Article X of this Code may request an
22explanation of the Unit's handling of the case. At the
23requestor's option, the explanation may be provided either
24orally in an interview, in writing, or both. If the Illinois
25Department fails to respond to the request for an explanation
26or fails to respond in a manner satisfactory to the applicant

 

 

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1or recipient within 30 days from the date of the request for an
2explanation, the applicant or recipient may request a
3conference for further review of the matter by the Office of
4the Administrator of the Child and Spouse Support Unit. A
5request for a conference may be submitted at any time within 60
6days after the explanation has been provided by the Child and
7Spouse Support Unit or within 60 days after the time for
8providing the explanation has expired.
9    The applicant or recipient may request a conference
10concerning any decision denying or terminating child support
11enforcement services under Article X of this Code, and the
12applicant or recipient may also request a conference concerning
13the Unit's failure to provide services or the provision of
14services in an amount or manner that is considered inadequate.
15For purposes of this Section, the Child and Spouse Support Unit
16includes all local governmental units or individuals with whom
17the Illinois Department has contracted under Section 10-3.1.
18    Upon receipt of a timely request for a conference, the
19Office of the Administrator shall review the case. The
20applicant or recipient requesting the conference shall be
21entitled, at his or her option, to appear in person or to
22participate in the conference by telephone. The applicant or
23recipient requesting the conference shall be entitled to be
24represented and to be afforded a reasonable opportunity to
25review the Illinois Department's file before or at the
26conference. At the conference, the applicant or recipient

 

 

HB6191- 107 -LRB097 13524 JLS 69734 b

1requesting the conference shall be afforded an opportunity to
2present all relevant matters in support of his or her claim.
3Conferences shall be without cost to the applicant or recipient
4requesting the conference and shall be conducted by a
5representative of the Child or Spouse Support Unit who did not
6participate in the action or inaction being reviewed.
7    The Office of the Administrator shall conduct a conference
8and inform all interested parties, in writing, of the results
9of the conference within 60 days from the date of filing of the
10request for a conference.
11    In addition to its other powers and responsibilities
12established by this Article, the Child and Spouse Support Unit
13shall conduct an annual assessment of each institution's
14program for institution based paternity establishment under
15Section 12 of the Vital Records Act.
16(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16,
17eff. 6-28-01; 92-590, eff. 7-1-02.)
 
18    (305 ILCS 5/10-16.7)
19    Sec. 10-16.7. Child support enforcement debit
20authorization.
21    (a) For purposes of this Section:
22    "Financial institution" and "account" are defined as set
23forth in Section 10-24.
24    "Payor" is defined as set forth in Section 15 of the Income
25Withholding for Support Act.

 

 

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1    "Order for support" means any order for periodic payment of
2funds to the State Disbursement Unit for the support of a child
3or, where applicable, for support of a child and a parent with
4whom the child resides, that is entered or modified under this
5Code or under the Illinois Marriage and Dissolution of Marriage
6Act, the Non-Support of Spouse and Children Act, the
7Non-Support Punishment Act, or the Illinois Parentage Act of
81984, or the Illinois Parentage Act of 2012, or that is entered
9or registered for modification or enforcement under the Uniform
10Interstate Family Support Act.
11    "Obligor" means an individual who owes a duty to make
12payments under an order for support in a case in which child
13support enforcement services are being provided under this
14Article X.
15    (b) The Department of Public Aid (now Healthcare and Family
16Services) shall adopt a child support enforcement debit
17authorization form that, upon being signed by an obligor,
18authorizes a financial institution holding an account on the
19obligor's behalf to debit the obligor's account periodically in
20an amount equal to the amount of child support that the obligor
21is required to pay periodically and transfer that amount to the
22State Disbursement Unit. The form shall include instructions to
23the financial institution concerning the debiting of accounts
24held on behalf of obligors and the transfer of the debited
25amounts to the State Disbursement Unit. In adopting the form,
26the Department may consult with the Office of Banks and Real

 

 

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1Estate and the Department of Financial Institutions. The
2Department must adopt the form within 6 months after the
3effective date of this amendatory Act of the 93rd General
4Assembly. Promptly after adopting the form, the Department must
5notify each financial institution conducting business in this
6State that the form has been adopted and is ready for use.
7    (c) An obligor who does not have a payor may sign a child
8support debit authorization form adopted by the Department
9under this Section. The obligor may sign a form in relation to
10any or all of the financial institutions holding an account on
11the obligor's behalf. Promptly after an obligor signs a child
12support debit authorization form, the Department shall send the
13original signed form to the appropriate financial institution.
14Subject to subsection (e), upon receiving the form, the
15financial institution shall debit the account and transfer the
16debited amounts to the State Disbursement Unit according to the
17instructions in the form. A financial institution that complies
18with a child support debit authorization form signed by an
19obligor and issued under this Section shall not be subject to
20civil liability with respect to any individual or any agency.
21    (d) The signing and issuance of a child support debit
22authorization form under this Section does not relieve the
23obligor from responsibility for compliance with any
24requirement under the order for support.
25    (e) A financial institution is obligated to debit the
26account of an obligor pursuant to this Section only if or to

 

 

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1the extent:
2        (1) the financial institution reasonably believes the
3    debit authorization form is a true and authentic original
4    document;     
5        (2) there are finally collected funds in the account;
6    and
7        (3) the account is not subject to offsetting claims of
8    the financial institution, whether due at the time of
9    receipt of the debit authorization form or thereafter to
10    become due and whether liquidated or unliquidated.
11    To the extent the account of the obligor is pledged or held
12by the financial institution as security for a loan or other
13obligation, or that the financial institution has any other
14claim or lien against the account, the financial institution is
15entitled to retain the account.
16(Source: P.A. 95-331, eff. 8-21-07.)
 
17    (305 ILCS 5/10-17)  (from Ch. 23, par. 10-17)
18    Sec. 10-17. Other Actions and Remedies for Support. The
19procedures, actions and remedies provided in this Article shall
20in no way be exclusive, but shall be available in addition to
21other actions and remedies of support, including, but not by
22way of limitation, the remedies provided in (a) the Illinois
23Parentage Act of 2012 "Paternity Act", approved July 5, 1957,
24as amended; (b) the "Non-Support of Spouse and Children Act",
25approved June 24, 1915, as amended; (b-5) the Non-Support

 

 

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1Punishment Act; and (c) the "Revised Uniform Reciprocal
2Enforcement of Support Act", approved August 28, 1969, as
3amended.
4(Source: P.A. 91-613, eff. 10-1-99.)
 
5    (305 ILCS 5/10-17.7)
6    Sec. 10-17.7. Administrative determination of paternity.
7The Illinois Department may provide by rule for the
8administrative determination of paternity by the Child and
9Spouse Support Unit in cases involving applicants for or
10recipients of financial aid under Article IV of this Act and
11other persons who are given access to the child support
12enforcement services of this Article as provided in Section
1310-1, including persons similarly situated and receiving
14similar services in other states. The rules shall extend to
15cases in which the mother and alleged father voluntarily
16acknowledge paternity in the form required by the Illinois
17Department or agree to be bound by the results of genetic
18testing or in which the alleged father has failed to respond to
19a notification of support obligation issued under Section 10-4
20and to cases of contested paternity. The Illinois Department's
21form for voluntary acknowledgement of paternity shall be the
22same form prepared by the Illinois Department for use under the
23requirements of Section 12 of the Vital Records Act. Any
24presumption provided for under the Illinois Parentage Act of
251984 or under the Illinois Parentage Act of 2012 on and after

 

 

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1the effective date of that Act shall apply to cases in which
2paternity is determined under the rules of the Illinois
3Department. The rules shall provide for notice and an
4opportunity to be heard by the responsible relative and the
5person receiving child support enforcement services under this
6Article if paternity is not voluntarily acknowledged, and any
7final administrative decision rendered by the Illinois
8Department shall be reviewed only under and in accordance with
9the Administrative Review Law. Determinations of paternity
10made by the Illinois Department under the rules authorized by
11this Section shall have the full force and effect of a court
12judgment of paternity entered under the Illinois Parentage Act
13of 1984 or under the Illinois Parentage Act of 2012.
14    In determining paternity in contested cases, the Illinois
15Department shall conduct the evidentiary hearing in accordance
16with Article 4 of the Illinois Parentage Act of 2012 Section 11
17of the Parentage Act of 1984, except that references in that
18Article Section to "the court" shall be deemed to mean the
19Illinois Department's hearing officer in cases in which
20paternity is determined administratively by the Illinois
21Department.
22    Notwithstanding any other provision of this Article, a
23default determination of paternity may be made if service of
24the notice under Section 10-4 was made by publication under the
25rules for administrative paternity determination authorized by
26this Section. The rules as they pertain to service by

 

 

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1publication shall (i) be based on the provisions of Section
22-206 and 2-207 of the Code of Civil Procedure, (ii) provide
3for service by publication in cases in which the whereabouts of
4the alleged father are unknown after diligent location efforts
5by the Child and Spouse Support Unit, and (iii) provide for
6publication of a notice of default paternity determination in
7the same manner that the notice under Section 10-4 was
8published.
9    The Illinois Department may implement this Section through
10the use of emergency rules in accordance with Section 5-45 of
11the Illinois Administrative Procedure Act. For purposes of the
12Illinois Administrative Procedure Act, the adoption of rules to
13implement this Section shall be considered an emergency and
14necessary for the public interest, safety, and welfare.
15(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
 
16    (305 ILCS 5/10-19)  (from Ch. 23, par. 10-19)
17    Sec. 10-19. Support Payments Ordered Under Other Laws;
18where deposited. The Illinois Department and local
19governmental units are authorized to receive payments directed
20by court order for the support of recipients, as provided in
21the following Acts:
22    1. "Non-Support of Spouse and Children Act", approved June
2324, 1915, as amended,
24    1.5. The Non-Support Punishment Act,
25    2. "Illinois Marriage and Dissolution of Marriage Act", as

 

 

HB6191- 114 -LRB097 13524 JLS 69734 b

1now or hereafter amended,
2    3. The Illinois Parentage Act, as amended,
3    3.5. The Illinois Parentage Act of 2012,
4    4. "Revised Uniform Reciprocal Enforcement of Support
5Act", approved August 28, 1969, as amended,
6    5. The Juvenile Court Act or the Juvenile Court Act of
71987, as amended,
8    6. The "Unified Code of Corrections", approved July 26,
91972, as amended,
10    7. Part 7 of Article XII of the Code of Civil Procedure, as
11amended,
12    8. Part 8 of Article XII of the Code of Civil Procedure, as
13amended, and
14    9. Other laws which may provide by judicial order for
15direct payment of support moneys.
16    Payments under this Section to the Illinois Department
17pursuant to the Child Support Enforcement Program established
18by Title IV-D of the Social Security Act shall be paid into the
19Child Support Enforcement Trust Fund. All payments under this
20Section to the Illinois Department of Human Services shall be
21deposited in the DHS Recoveries Trust Fund. Disbursements from
22these funds shall be as provided in Sections 12-9.1 and 12-10.2
23of this Code. Payments received by a local governmental unit
24shall be deposited in that unit's General Assistance Fund.
25    To the extent the provisions of this Section are
26inconsistent with the requirements pertaining to the State

 

 

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1Disbursement Unit under Sections 10-10.4 and 10-26 of this
2Code, the requirements pertaining to the State Disbursement
3Unit shall apply.
4(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
5eff. 10-1-99; 92-16, eff. 6-28-01.)
 
6    (305 ILCS 5/10-25)
7    Sec. 10-25. Administrative liens and levies on real
8property for past-due child support.
9    (a) Notwithstanding any other State or local law to the
10contrary, the State shall have a lien on all legal and
11equitable interests of responsible relatives in their real
12property in the amount of past-due child support owing pursuant
13to an order for child support entered under Sections 10-10 and
1410-11 of this Code, or under the Illinois Marriage and
15Dissolution of Marriage Act, the Non-Support of Spouse and
16Children Act, the Non-Support Punishment Act, the Uniform
17Interstate Family Support Act, or the Illinois Parentage Act of
181984, or the Illinois Parentage Act of 2012.
19    (b) The Illinois Department shall provide by rule for
20notice to and an opportunity to be heard by each responsible
21relative affected, and any final administrative decision
22rendered by the Illinois Department shall be reviewed only
23under and in accordance with the Administrative Review Law.
24    (c) When enforcing a lien under subsection (a) of this
25Section, the Illinois Department shall have the authority to

 

 

HB6191- 116 -LRB097 13524 JLS 69734 b

1execute notices of administrative liens and levies, which shall
2contain the name and address of the responsible relative, a
3legal description of the real property to be levied, the fact
4that a lien is being claimed for past-due child support, and
5such other information as the Illinois Department may by rule
6prescribe. The Illinois Department shall record the notice of
7lien with the recorder or registrar of titles of the county or
8counties in which the real estate is located.
9    (d) The State's lien under subsection (a) shall be
10enforceable upon the recording or filing of a notice of lien
11with the recorder or registrar of titles of the county or
12counties in which the real estate is located. The lien shall be
13prior to any lien thereafter recorded or filed and shall be
14notice to a subsequent purchaser, assignor, or encumbrancer of
15the existence and nature of the lien. The lien shall be
16inferior to the lien of general taxes, special assessment, and
17special taxes heretofore or hereafter levied by any political
18subdivision or municipal corporation of the State.
19    In the event that title to the land to be affected by the
20notice of lien is registered under the Registered Titles
21(Torrens) Act, the notice shall be filed in the office of the
22registrar of titles as a memorial or charge upon each folium of
23the register of titles affected by the notice; but the State
24shall not have a preference over the rights of any bona fide
25purchaser, mortgagee, judgment creditor, or other lien holders
26registered prior to the registration of the notice.

 

 

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1    (e) The recorder or registrar of titles of each county
2shall procure a file labeled "Child Support Lien Notices" and
3an index book labeled "Child Support Lien Notices". When notice
4of any lien is presented to the recorder or registrar of titles
5for filing, the recorder or registrar of titles shall file it
6in numerical order in the file and shall enter it
7alphabetically in the index. The entry shall show the name and
8last known address of the person named in the notice, the
9serial number of the notice, the date and hour of filing, and
10the amount of child support due at the time when the lien is
11filed.
12    (f) The Illinois Department shall not be required to
13furnish bond or make a deposit for or pay any costs or fees of
14any court or officer thereof in any legal proceeding involving
15the lien.
16    (g) To protect the lien of the State for past-due child
17support, the Illinois Department may, from funds that are
18available for that purpose, pay or provide for the payment of
19necessary or essential repairs, purchase tax certificates, pay
20balances due on land contracts, or pay or cause to be satisfied
21any prior liens on the property to which the lien hereunder
22applies.
23    (h) A lien on real property under this Section shall be
24released pursuant to Section 12-101 of the Code of Civil
25Procedure.
26    (i) The Illinois Department, acting in behalf of the State,

 

 

HB6191- 118 -LRB097 13524 JLS 69734 b

1may foreclose the lien in a judicial proceeding to the same
2extent and in the same manner as in the enforcement of other
3liens. The process, practice, and procedure for the foreclosure
4shall be the same as provided in the Code of Civil Procedure.
5(Source: P.A. 97-186, eff. 7-22-11.)
 
6    (305 ILCS 5/10-25.5)
7    Sec. 10-25.5. Administrative liens and levies on personal
8property for past-due child support.
9    (a) Notwithstanding any other State or local law to the
10contrary, the State shall have a lien on all legal and
11equitable interests of responsible relatives in their personal
12property, including any account in a financial institution as
13defined in Section 10-24, or in the case of an insurance
14company or benefit association only in accounts as defined in
15Section 10-24, in the amount of past-due child support owing
16pursuant to an order for child support entered under Sections
1710-10 and 10-11 of this Code, or under the Illinois Marriage
18and Dissolution of Marriage Act, the Non-Support of Spouse and
19Children Act, the Non-Support Punishment Act, the Uniform
20Interstate Family Support Act, or the Illinois Parentage Act of
211984, or the Illinois Parentage Act of 2012.
22    (b) The Illinois Department shall provide by rule for
23notice to and an opportunity to be heard by each responsible
24relative affected, and any final administrative decision
25rendered by the Illinois Department shall be reviewed only

 

 

HB6191- 119 -LRB097 13524 JLS 69734 b

1under and in accordance with the Administrative Review Law.
2    (c) When enforcing a lien under subsection (a) of this
3Section, the Illinois Department shall have the authority to
4execute notices of administrative liens and levies, which shall
5contain the name and address of the responsible relative, a
6description of the property to be levied, the fact that a lien
7is being claimed for past-due child support, and such other
8information as the Illinois Department may by rule prescribe.
9The Illinois Department may serve the notice of lien or levy
10upon any financial institution where the accounts as defined in
11Section 10-24 of the responsible relative may be held, for
12encumbrance or surrender of the accounts as defined in Section
1310-24 by the financial institution.
14    (d) The Illinois Department shall enforce its lien against
15the responsible relative's personal property, other than
16accounts as defined in Section 10-24 in financial institutions,
17and levy upon such personal property in the manner provided for
18enforcement of judgments contained in Article XII of the Code
19of Civil Procedure.
20    (e) The Illinois Department shall not be required to
21furnish bond or make a deposit for or pay any costs or fees of
22any court or officer thereof in any legal proceeding involving
23the lien.
24    (f) To protect the lien of the State for past-due child
25support, the Illinois Department may, from funds that are
26available for that purpose, pay or provide for the payment of

 

 

HB6191- 120 -LRB097 13524 JLS 69734 b

1necessary or essential repairs, purchase tax certificates, or
2pay or cause to be satisfied any prior liens on the property to
3which the lien hereunder applies.
4    (g) A lien on personal property under this Section shall be
5released in the manner provided under Article XII of the Code
6of Civil Procedure. Notwithstanding the foregoing, a lien under
7this Section on accounts as defined in Section 10-24 shall
8expire upon the passage of 120 days from the date of issuance
9of the Notice of Lien or Levy by the Illinois Department.
10However, the lien shall remain in effect during the pendency of
11any appeal or protest.
12    (h) A lien created under this Section is subordinate to any
13prior lien of the financial institution or any prior lien
14holder or any prior right of set-off that the financial
15institution may have against the assets, or in the case of an
16insurance company or benefit association only in the accounts
17as defined in Section 10-24.
18    (i) A financial institution has no obligation under this
19Section to hold, encumber, or surrender the assets, or in the
20case of an insurance company or benefit association only the
21accounts as defined in Section 10-24, until the financial
22institution has been properly served with a subpoena, summons,
23warrant, court or administrative order, or administrative lien
24and levy requiring that action.
25(Source: P.A. 97-186, eff. 7-22-11.)
 

 

 

HB6191- 121 -LRB097 13524 JLS 69734 b

1    (305 ILCS 5/10-27)
2    Sec. 10-27. State Case Registry.
3    (a) The Illinois Department shall establish an automated
4State Case Registry to contain records concerning child support
5orders for parties receiving child support enforcement
6services under this Article X, and for all child support orders
7entered or modified on or after October 1, 1998. The State Case
8Registry shall include (i) the information filed with the
9Illinois Department, or filed with the clerk of the circuit
10court and provided to the Illinois Department, under the
11provisions of Sections 10-10.5 and 10-11.2 of this Code,
12Section 505.3 of the Illinois Marriage and Dissolution of
13Marriage Act, Section 30 of the Non-Support Punishment Act, and
14Section 803 of the Illinois Parentage Act of 2012, and Section
1514.1 of the Illinois Parentage Act of 1984, and (ii) any other
16information required under Title IV, Part D of the Social
17Security Act or by the federal Department of Health and Human
18Services.
19    (b) (Blank).
20    (c) The Illinois Department shall maintain the following
21payment information on child support orders for parties
22receiving child support enforcement services under this
23Article X:
24        (1) the amount of monthly or other periodic support
25    owed under the order and other amounts, including
26    arrearages, interest or late payment penalties, and fees,

 

 

HB6191- 122 -LRB097 13524 JLS 69734 b

1    due or overdue under the order;
2        (2) any amounts described in subdivision (1) of
3    subsection (d) that have been collected;
4        (3) the distribution of the collected amounts; and
5        (4) the amount of any lien imposed with respect to the
6    order pursuant to Section 10-25 or Section 10-25.5 of this
7    Code.
8    (d) The Illinois Department shall establish, update,
9maintain, and monitor case records in the Registry of parties
10receiving child support enforcement services under this
11Article X, on the bases of:
12        (1) information on administrative actions and
13    administrative and judicial proceedings and orders
14    relating to paternity and support;
15        (2) information obtained from comparison with federal,
16    State, and local sources of information;
17        (3) information on support collections and
18    distribution; and
19        (4) any other relevant information.
20    (e) The Illinois Department shall use the automated State
21Case Registry to share and compare information with, and
22receive information from, other data bases and information
23comparison services in order to obtain (or provide) information
24necessary to enable the Illinois Department (or the federal
25Department of Health and Human Services or other State or
26federal agencies) to carry out the requirements of the child

 

 

HB6191- 123 -LRB097 13524 JLS 69734 b

1support enforcement program established under Title IV, Part D
2of the Social Security Act. Such information comparison
3activities shall include the following:
4        (1) Furnishing to the Federal Case Registry of Child
5    Support Orders (and updating as necessary, with
6    information including notice of expiration of orders) the
7    information specified by the federal Department of Health
8    and Human Services in regulations.
9        (2) Exchanging information with the Federal Parent
10    Locator Service for the purposes specified in Section 453
11    of the Social Security Act.
12        (3) Exchanging information with State agencies (of
13    this State and of other states) administering programs
14    funded under Title IV, Part A and Title XIX of the Social
15    Security Act and other programs designated by the federal
16    Department of Health and Human Services, as necessary to
17    perform responsibilities under Title IV, Part D of the
18    Social Security Act and under such other programs.
19        (4) Exchanging information with other agencies of this
20    State, agencies of other states, and interstate
21    information networks, as necessary and appropriate to
22    carry out (or assist other states to carry out) the
23    purposes of Title IV, Part D of the Social Security Act.
24        (5) Disclosing information to any other entities as
25    required under Title IV, Part D of the Social Security Act.
26    (f) The Illinois Department shall adopt rules establishing

 

 

HB6191- 124 -LRB097 13524 JLS 69734 b

1safeguards, applicable to all confidential information
2included in the State Case Registry, that are designed to
3protect the privacy rights of persons concerning whom
4information is on record in the State Case Registry. Such
5safeguards shall include, but not be limited to the following:
6        (1) Prohibitions against the release of information on
7    the whereabouts of one party or the child to another party
8    against whom a protective order with respect to the former
9    party or the child has been entered.
10        (2) Prohibitions against the release of information on
11    the whereabouts of one party or the child to another party
12    if the Illinois Department has reasonable evidence of
13    domestic violence or child abuse (that is, allegations of
14    domestic violence or child abuse, unless the Illinois
15    Department has an independent, reasonable basis to find the
16    person making the allegation not credible) to the former
17    party or child by the party requesting information.
18        (3) Prohibitions against the release of information on
19    the whereabouts of one party or the child to another person
20    if the Illinois Department has reason to believe the
21    release of information to that person may result in
22    physical or emotional harm to the party or child.
23(Source: P.A. 92-463, eff. 8-22-01.)
 
24    (305 ILCS 5/12-4.7c)
25    Sec. 12-4.7c. Exchange of information after July 1, 1997.

 

 

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1    (a) The Department of Human Services shall exchange with
2the Department of Healthcare and Family Services information
3that may be necessary for the enforcement of child support
4orders entered pursuant to Sections 10-10 and 10-11 of this
5Code or pursuant to the Illinois Marriage and Dissolution of
6Marriage Act, the Non-Support of Spouse and Children Act, the
7Non-Support Punishment Act, the Revised Uniform Reciprocal
8Enforcement of Support Act, the Uniform Interstate Family
9Support Act, or the Illinois Parentage Act of 1984, or the
10Illinois Parentage Act of 2012.
11    (b) Notwithstanding any provisions in this Code to the
12contrary, the Department of Human Services shall not be liable
13to any person for any disclosure of information to the
14Department of Healthcare and Family Services (formerly
15Illinois Department of Public Aid) under subsection (a) or for
16any other action taken in good faith to comply with the
17requirements of subsection (a).
18(Source: P.A. 95-331, eff. 8-21-07.)
 
19    Section 957. The Genetic Information Privacy Act is amended
20by changing Sections 22 and 30 as follows:
 
21    (410 ILCS 513/22)
22    Sec. 22. Tests to determine inherited characteristics in
23paternity proceedings. Nothing in this Act shall be construed
24to affect or restrict in any way the ordering of or use of

 

 

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1results from deoxyribonucleic acid (DNA) testing or other tests
2to determine inherited characteristics by the court in a
3judicial proceeding under the Illinois Parentage Act of 1984 or
4under the Illinois Parentage Act of 2012 on and after the
5effective date of that Act or by the Department of Healthcare
6and Family Services in an administrative paternity proceeding
7under Article X of the Illinois Public Aid Code and rules
8promulgated under that Article.
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    (410 ILCS 513/30)
11    Sec. 30. Disclosure of person tested and test results.
12    (a) No person may disclose or be compelled to disclose the
13identity of any person upon whom a genetic test is performed or
14the results of a genetic test in a manner that permits
15identification of the subject of the test, except to the
16following persons:
17        (1) The subject of the test or the subject's legally
18    authorized representative. This paragraph does not create
19    a duty or obligation under which a health care provider
20    must notify the subject's spouse or legal guardian of the
21    test results, and no such duty or obligation shall be
22    implied. No civil liability or criminal sanction under this
23    Act shall be imposed for any disclosure or nondisclosure of
24    a test result to a spouse by a physician acting in good
25    faith under this paragraph. For the purpose of any

 

 

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1    proceedings, civil or criminal, the good faith of any
2    physician acting under this paragraph shall be presumed.
3        (2) Any person designated in a specific written legally
4    effective release of the test results executed by the
5    subject of the test or the subject's legally authorized
6    representative.
7        (3) An authorized agent or employee of a health
8    facility or health care provider if the health facility or
9    health care provider itself is authorized to obtain the
10    test results, the agent or employee provides patient care,
11    and the agent or employee has a need to know the
12    information in order to conduct the tests or provide care
13    or treatment.
14        (4) A health facility or health care provider that
15    procures, processes, distributes, or uses:
16            (A) a human body part from a deceased person with
17        respect to medical information regarding that person;
18        or
19            (B) semen provided prior to the effective date of
20        this Act for the purpose of artificial insemination.
21        (5) Health facility staff committees for the purposes
22    of conducting program monitoring, program evaluation, or
23    service reviews.
24        (6) In the case of a minor under 18 years of age, the
25    health care provider who ordered the test shall make a
26    reasonable effort to notify the minor's parent or legal

 

 

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1    guardian if, in the professional judgment of the health
2    care provider, notification would be in the best interest
3    of the minor and the health care provider has first sought
4    unsuccessfully to persuade the minor to notify the parent
5    or legal guardian or after a reasonable time after the
6    minor has agreed to notify the parent or legal guardian,
7    the health care provider has reason to believe that the
8    minor has not made the notification. This paragraph shall
9    not create a duty or obligation under which a health care
10    provider must notify the minor's parent or legal guardian
11    of the test results, nor shall a duty or obligation be
12    implied. No civil liability or criminal sanction under this
13    Act shall be imposed for any notification or
14    non-notification of a minor's test result by a health care
15    provider acting in good faith under this paragraph. For the
16    purpose of any proceeding, civil or criminal, the good
17    faith of any health care provider acting under this
18    paragraph shall be presumed.
19        (7) All information and records held by a State agency
20    or local health authority pertaining to genetic
21    information shall be strictly confidential and exempt from
22    copying and inspection under the Freedom of Information
23    Act. The information and records shall not be released or
24    made public by the State agency or local health authority
25    and shall not be admissible as evidence nor discoverable in
26    any action of any kind in any court or before any tribunal,

 

 

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1    board, agency, or person and shall be treated in the same
2    manner as the information and those records subject to the
3    provisions of Part 21 of Article VIII of the Code of Civil
4    Procedure except under the following circumstances:
5            (A) when made with the written consent of all
6        persons to whom the information pertains;
7            (B) when authorized by Section 5-4-3 of the Unified
8        Code of Corrections;
9            (C) when made for the sole purpose of implementing
10        the Newborn Metabolic Screening Act and rules; or
11            (D) when made under the authorization of the
12        Illinois Parentage Act of 2012 1984.
13    Disclosure shall be limited to those who have a need to
14know the information, and no additional disclosures may be
15made.
16    (b) Disclosure by an insurer in accordance with the
17requirements of the Article XL of the Illinois Insurance Code
18shall be deemed compliance with this Section.
19(Source: P.A. 96-328, eff. 8-11-09.)
 
20    Section 958. The Vital Records Act is amended by changing
21Sections 12 and 24 as follows:
 
22    (410 ILCS 535/12)
23    Sec. 12. Live births; place of registration.
24    (1) Each live birth which occurs in this State shall be

 

 

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1registered with the local or subregistrar of the district in
2which the birth occurred as provided in this Section, within 7
3days after the birth. When a birth occurs on a moving
4conveyance, the city, village, township, or road district in
5which the child is first removed from the conveyance shall be
6considered the place of birth and a birth certificate shall be
7filed in the registration district in which the place is
8located.
9    (2) When a birth occurs in an institution, the person in
10charge of the institution or his designated representative
11shall obtain and record all the personal and statistical
12particulars relative to the parents of the child that are
13required to properly complete the live birth certificate; shall
14secure the required personal signatures on the hospital
15worksheet; shall prepare the certificate from this worksheet;
16and shall file the certificate with the local registrar. The
17institution shall retain the hospital worksheet permanently or
18as otherwise specified by rule. The physician in attendance
19shall verify or provide the date of birth and medical
20information required by the certificate, within 24 hours after
21the birth occurs.
22    (3) When a birth occurs outside an institution, the
23certificate shall be prepared and filed by one of the following
24in the indicated order of priority:
25        (a) The physician in attendance at or immediately after
26    the birth, or in the absence of such a person,

 

 

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1        (b) Any other person in attendance at or immediately
2    after the birth, or in the absence of such a person,
3        (c) The father, the mother, or in the absence of the
4    father and the inability of the mother, the person in
5    charge of the premises where the birth occurred.
6    (4) Unless otherwise provided in this Act, if the mother
7was not married to the father of the child at either the time
8of conception or the time of birth, the name of the father
9shall be entered on the child's birth certificate only if the
10mother and the person to be named as the father have signed an
11acknowledgment of parentage in accordance with subsection (5).
12    Unless otherwise provided in this Act, if the mother was
13married at the time of conception or birth and the presumed
14father (that is, the mother's husband) is not the biological
15father of the child, the name of the biological father shall be
16entered on the child's birth certificate only if, in accordance
17with subsection (5), (i) the mother and the person to be named
18as the father have signed an acknowledgment of parentage and
19(ii) the mother and presumed father have signed a denial of
20paternity.
21    (5) Upon the birth of a child to an unmarried woman, or
22upon the birth of a child to a woman who was married at the time
23of conception or birth and whose husband is not the biological
24father of the child, the institution at the time of birth and
25the local registrar or county clerk after the birth shall do
26the following:

 

 

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1        (a) Provide (i) an opportunity for the child's mother
2    and father to sign an acknowledgment of parentage and (ii)
3    if the presumed father is not the biological father, an
4    opportunity for the mother and presumed father to sign a
5    denial of paternity. The signing and witnessing of the
6    acknowledgment of parentage or, if the presumed father of
7    the child is not the biological father, the acknowledgment
8    of parentage and denial of paternity conclusively
9    establishes a parent and child relationship in accordance
10    with Sections 5 and 6 of the Illinois Parentage Act of 1984
11    and with the Illinois Parentage Act of 2012 on and after
12    the effective date of that Act.
13        The Department of Healthcare and Family Services shall
14    furnish the acknowledgment of parentage and denial of
15    paternity form to institutions, county clerks, and State
16    and local registrars' offices. The form shall include
17    instructions to send the original signed and witnessed
18    acknowledgment of parentage and denial of paternity to the
19    Department of Healthcare and Family Services. The
20    acknowledgement of paternity and denial of paternity form
21    shall also include a statement informing the mother, the
22    alleged father, and the presumed father, if any, that they
23    have the right to request deoxyribonucleic acid (DNA) tests
24    regarding the issue of the child's paternity and that by
25    signing the form, they expressly waive such tests. The
26    statement shall be set forth in bold-face capital letters

 

 

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1    not less than 0.25 inches in height.
2        (b) Provide the following documents, furnished by the
3    Department of Healthcare and Family Services, to the
4    child's mother, biological father, and (if the person
5    presumed to be the child's father is not the biological
6    father) presumed father for their review at the time the
7    opportunity is provided to establish a parent and child
8    relationship:
9            (i) An explanation of the implications of,
10        alternatives to, legal consequences of, and the rights
11        and responsibilities that arise from signing an
12        acknowledgment of parentage and, if necessary, a
13        denial of paternity, including an explanation of the
14        parental rights and responsibilities of child support,
15        visitation, custody, retroactive support, health
16        insurance coverage, and payment of birth expenses.
17            (ii) An explanation of the benefits of having a
18        child's parentage established and the availability of
19        parentage establishment and child support enforcement
20        services.
21            (iii) A request for an application for child
22        support enforcement services from the Department of
23        Healthcare and Family Services.
24            (iv) Instructions concerning the opportunity to
25        speak, either by telephone or in person, with staff of
26        the Department of Healthcare and Family Services who

 

 

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1        are trained to clarify information and answer
2        questions about paternity establishment.
3            (v) Instructions for completing and signing the
4        acknowledgment of parentage and denial of paternity.
5        (c) Provide an oral explanation of the documents and
6    instructions set forth in subdivision (5)(b), including an
7    explanation of the implications of, alternatives to, legal
8    consequences of, and the rights and responsibilities that
9    arise from signing an acknowledgment of parentage and, if
10    necessary, a denial of paternity. The oral explanation may
11    be given in person or through the use of video or audio
12    equipment.
13    (6) The institution, State or local registrar, or county
14clerk shall provide an opportunity for the child's father or
15mother to sign a rescission of parentage. The signing and
16witnessing of the rescission of parentage voids the
17acknowledgment of parentage and nullifies the presumption of
18paternity if executed and filed with the Department of
19Healthcare and Family Services (formerly Illinois Department
20of Public Aid) within the time frame contained in Section 5 of
21the Illinois Parentage Act of 1984 or Section 307 of the
22Illinois Parentage Act of 2012 on and after the effective date
23of that Act. The Department of Healthcare and Family Services
24shall furnish the rescission of parentage form to institutions,
25county clerks, and State and local registrars' offices. The
26form shall include instructions to send the original signed and

 

 

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1witnessed rescission of parentage to the Department of
2Healthcare and Family Services.
3    (7) An acknowledgment of paternity signed pursuant to
4Section 6 of the Illinois Parentage Act of 1984 or Section 302
5of the Illinois Parentage Act of 2012 on and after the
6effective date of that Act may be challenged in court only on
7the basis of fraud, duress, or material mistake of fact, with
8the burden of proof upon the challenging party. Pending outcome
9of a challenge to the acknowledgment of paternity, the legal
10responsibilities of the signatories shall remain in full force
11and effect, except upon order of the court upon a showing of
12good cause.
13    (8) When the process for acknowledgment of parentage as
14provided for under subsection (5) establishes the paternity of
15a child whose certificate of birth is on file in another state,
16the Department of Healthcare and Family Services shall forward
17a copy of the acknowledgment of parentage, the denial of
18paternity, if applicable, and the rescission of parentage, if
19applicable, to the birth record agency of the state where the
20child's certificate of birth is on file.
21    (9) In the event the parent-child relationship has been
22established in accordance with subdivision (a)(1) of Section 6
23of the Parentage Act of 1984, the names of the biological
24mother and biological father so established shall be entered on
25the child's birth certificate, and the names of the surrogate
26mother and surrogate mother's husband, if any, shall not be on

 

 

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1the birth certificate.
2(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
396-474, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
4    (410 ILCS 535/24)  (from Ch. 111 1/2, par. 73-24)
5    Sec. 24. (1) To protect the integrity of vital records, to
6insure their proper use, and to insure the efficient and proper
7administration of the vital records system, access to vital
8records, and indexes thereof, including vital records in the
9custody of local registrars and county clerks originating prior
10to January 1, 1916, is limited to the custodian and his
11employees, and then only for administrative purposes, except
12that the indexes of those records in the custody of local
13registrars and county clerks, originating prior to January 1,
141916, shall be made available to persons for the purpose of
15genealogical research. Original, photographic or
16microphotographic reproductions of original records of births
17100 years old and older and deaths 50 years old and older, and
18marriage records 75 years old and older on file in the State
19Office of Vital Records and in the custody of the county clerks
20may be made available for inspection in the Illinois State
21Archives reference area, Illinois Regional Archives
22Depositories, and other libraries approved by the Illinois
23State Registrar and the Director of the Illinois State
24Archives, provided that the photographic or microphotographic
25copies are made at no cost to the county or to the State of

 

 

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1Illinois. It is unlawful for any custodian to permit inspection
2of, or to disclose information contained in, vital records, or
3to copy or permit to be copied, all or part of any such record
4except as authorized by this Act or regulations adopted
5pursuant thereto.
6    (2) The State Registrar of Vital Records, or his agent, and
7any municipal, county, multi-county, public health district,
8or regional health officer recognized by the Department may
9examine vital records for the purpose only of carrying out the
10public health programs and responsibilities under his
11jurisdiction.
12    (3) The State Registrar of Vital Records, may disclose, or
13authorize the disclosure of, data contained in the vital
14records when deemed essential for bona fide research purposes
15which are not for private gain.
16    This amendatory Act of 1973 does not apply to any home rule
17unit.
18    (4) The State Registrar shall exchange with the Department
19of Healthcare and Family Services information that may be
20necessary for the establishment of paternity and the
21establishment, modification, and enforcement of child support
22orders entered pursuant to the Illinois Public Aid Code, the
23Illinois Marriage and Dissolution of Marriage Act, the
24Non-Support of Spouse and Children Act, the Non-Support
25Punishment Act, the Revised Uniform Reciprocal Enforcement of
26Support Act, the Uniform Interstate Family Support Act, or the

 

 

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1Illinois Parentage Act of 1984, or the Illinois Parentage Act
2of 2012. Notwithstanding any provisions in this Act to the
3contrary, the State Registrar shall not be liable to any person
4for any disclosure of information to the Department of
5Healthcare and Family Services (formerly Illinois Department
6of Public Aid) under this subsection or for any other action
7taken in good faith to comply with the requirements of this
8subsection.
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    Section 959. The Illinois Vehicle Code is amended by
11changing Sections 2-109.1 and 7-703 as follows:
 
12    (625 ILCS 5/2-109.1)
13    Sec. 2-109.1. Exchange of information.
14    (a) The Secretary of State shall exchange information with
15the Department of Healthcare and Family Services which may be
16necessary for the establishment of paternity and the
17establishment, modification, and enforcement of child support
18orders pursuant to the Illinois Public Aid Code, the Illinois
19Marriage and Dissolution of Marriage Act, the Non-Support of
20Spouse and Children Act, the Non-Support Punishment Act, the
21Revised Uniform Reciprocal Enforcement of Support Act, the
22Uniform Interstate Family Support Act, or the Illinois
23Parentage Act of 1984, or the Illinois Parentage Act of 2012.
24    (b) Notwithstanding any provisions in this Code to the

 

 

HB6191- 139 -LRB097 13524 JLS 69734 b

1contrary, the Secretary of State shall not be liable to any
2person for any disclosure of information to the Department of
3Healthcare and Family Services (formerly Illinois Department
4of Public Aid) under subsection (a) or for any other action
5taken in good faith to comply with the requirements of
6subsection (a).
7(Source: P.A. 95-331, eff. 8-21-07.)
 
8    (625 ILCS 5/7-703)
9    Sec. 7-703. Courts to report non-payment of court ordered
10support.
11    (a) The clerk of the circuit court, as provided in
12subsection (b) of Section 505 of the Illinois Marriage and
13Dissolution of Marriage Act or as provided in Section 805 15 of
14the Illinois Parentage Act of 2012 1984, shall forward to the
15Secretary of State, on a form prescribed by the Secretary, an
16authenticated document certifying the court's order suspending
17the driving privileges of the obligor. For any such
18certification, the clerk of the court shall charge the obligor
19a fee of $5 as provided in the Clerks of Courts Act.
20    (b) If an obligor has been adjudicated in arrears in court
21ordered child support payments in an amount equal to 90 days
22obligation or more but has not been held in contempt of court,
23the circuit court may order that the obligor's driving
24privileges be suspended. If the circuit court orders that the
25obligor's driving privileges be suspended, it shall forward to

 

 

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1the Secretary of State, on a form prescribed by the Secretary,
2an authenticated document certifying the court's order
3suspending the driving privileges of the obligor. The
4authenticated document shall be forwarded to the Secretary of
5State by the court no later than 45 days after entry of the
6order suspending the obligor's driving privileges.
7(Source: P.A. 91-613, eff. 7-1-00.)
 
8    Section 960. The Clerks of Courts Act is amended by
9changing Section 27.1a as follows:
 
10    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
11    Sec. 27.1a. The fees of the clerks of the circuit court in
12all counties having a population of not more than 500,000
13inhabitants in the instances described in this Section shall be
14as provided in this Section. In those instances where a minimum
15and maximum fee is stated, the clerk of the circuit court must
16charge the minimum fee listed and may charge up to the maximum
17fee if the county board has by resolution increased the fee.
18The fees shall be paid in advance and shall be as follows:
19(a) Civil Cases.
20        The fee for filing a complaint, petition, or other
21    pleading initiating a civil action, with the following
22    exceptions, shall be a minimum of $40 and a maximum of
23    $160.
24            (A) When the amount of money or damages or the

 

 

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1        value of personal property claimed does not exceed
2        $250, $10.
3            (B) When that amount exceeds $250 but does not
4        exceed $500, a minimum of $10 and a maximum of $20.
5            (C) When that amount exceeds $500 but does not
6        exceed $2500, a minimum of $25 and a maximum of $40.
7            (D) When that amount exceeds $2500 but does not
8        exceed $15,000, a minimum of $25 and a maximum of $75.
9            (E) For the exercise of eminent domain, a minimum
10        of $45 and a maximum of $150. For each additional lot
11        or tract of land or right or interest therein subject
12        to be condemned, the damages in respect to which shall
13        require separate assessment by a jury, a minimum of $45
14        and a maximum of $150.
15(a-1) Family.
16        For filing a petition under the Juvenile Court Act of
17    1987, $25.
18        For filing a petition for a marriage license, $10.
19        For performing a marriage in court, $10.
20        For filing a petition under the Illinois Parentage Act
21    of 2012 1984, $40.
22(b) Forcible Entry and Detainer.
23        In each forcible entry and detainer case when the
24    plaintiff seeks possession only or unites with his or her
25    claim for possession of the property a claim for rent or
26    damages or both in the amount of $15,000 or less, a minimum

 

 

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1    of $10 and a maximum of $50. When the plaintiff unites his
2    or her claim for possession with a claim for rent or
3    damages or both exceeding $15,000, a minimum of $40 and a
4    maximum of $160.
5(c) Counterclaim or Joining Third Party Defendant.
6        When any defendant files a counterclaim as part of his
7    or her answer or otherwise or joins another party as a
8    third party defendant, or both, the defendant shall pay a
9    fee for each counterclaim or third party action in an
10    amount equal to the fee he or she would have had to pay had
11    he or she brought a separate action for the relief sought
12    in the counterclaim or against the third party defendant,
13    less the amount of the appearance fee, if that has been
14    paid.
15(d) Confession of Judgment.
16        In a confession of judgment when the amount does not
17    exceed $1500, a minimum of $20 and a maximum of $50. When
18    the amount exceeds $1500, but does not exceed $15,000, a
19    minimum of $40 and a maximum of $115. When the amount
20    exceeds $15,000, a minimum of $40 and a maximum of $200.
21(e) Appearance.
22        The fee for filing an appearance in each civil case
23    shall be a minimum of $15 and a maximum of $60, except as
24    follows:
25            (A) When the plaintiff in a forcible entry and
26        detainer case seeks possession only, a minimum of $10

 

 

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1        and a maximum of $50.
2            (B) When the amount in the case does not exceed
3        $1500, a minimum of $10 and a maximum of $30.
4            (C) When that amount exceeds $1500 but does not
5        exceed $15,000, a minimum of $15 and a maximum of $60.
6(f) Garnishment, Wage Deduction, and Citation.
7        In garnishment affidavit, wage deduction affidavit,
8    and citation petition when the amount does not exceed
9    $1,000, a minimum of $5 and a maximum of $15; when the
10    amount exceeds $1,000 but does not exceed $5,000, a minimum
11    of $5 and a maximum of $30; and when the amount exceeds
12    $5,000, a minimum of $5 and a maximum of $50.
13(g) Petition to Vacate or Modify.
14        (1) Petition to vacate or modify any final judgment or
15    order of court, except in forcible entry and detainer cases
16    and small claims cases or a petition to reopen an estate,
17    to modify, terminate, or enforce a judgment or order for
18    child or spousal support, or to modify, suspend, or
19    terminate an order for withholding, if filed before 30 days
20    after the entry of the judgment or order, a minimum of $20
21    and a maximum of $50.
22        (2) Petition to vacate or modify any final judgment or
23    order of court, except a petition to modify, terminate, or
24    enforce a judgment or order for child or spousal support or
25    to modify, suspend, or terminate an order for withholding,
26    if filed later than 30 days after the entry of the judgment

 

 

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1    or order, a minimum of $20 and a maximum of $75.
2        (3) Petition to vacate order of bond forfeiture, a
3    minimum of $10 and a maximum of $40.
4(h) Mailing.
5        When the clerk is required to mail, the fee will be a
6    minimum of $2 and a maximum of $10, plus the cost of
7    postage.
8(i) Certified Copies.
9        Each certified copy of a judgment after the first,
10    except in small claims and forcible entry and detainer
11    cases, a minimum of $2 and a maximum of $10.
12(j) Habeas Corpus.
13        For filing a petition for relief by habeas corpus, a
14    minimum of $60 and a maximum of $100.
15(k) Certification, Authentication, and Reproduction.
16        (1) Each certification or authentication for taking
17    the acknowledgment of a deed or other instrument in writing
18    with the seal of office, a minimum of $2 and a maximum of
19    $6.
20        (2) Court appeals when original documents are
21    forwarded, under 100 pages, plus delivery and costs, a
22    minimum of $20 and a maximum of $60.
23        (3) Court appeals when original documents are
24    forwarded, over 100 pages, plus delivery and costs, a
25    minimum of $50 and a maximum of $150.
26        (4) Court appeals when original documents are

 

 

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1    forwarded, over 200 pages, an additional fee of a minimum
2    of 20 cents and a maximum of 25 cents per page.
3        (5) For reproduction of any document contained in the
4    clerk's files:
5            (A) First page, a minimum of $1 and a maximum of
6        $2.
7            (B) Next 19 pages, 50 cents per page.
8            (C) All remaining pages, 25 cents per page.
9(l) Remands.
10        In any cases remanded to the Circuit Court from the
11    Supreme Court or the Appellate Court for a new trial, the
12    clerk shall file the remanding order and reinstate the case
13    with either its original number or a new number. The Clerk
14    shall not charge any new or additional fee for the
15    reinstatement. Upon reinstatement the Clerk shall advise
16    the parties of the reinstatement. A party shall have the
17    same right to a jury trial on remand and reinstatement as
18    he or she had before the appeal, and no additional or new
19    fee or charge shall be made for a jury trial after remand.
20(m) Record Search.
21        For each record search, within a division or municipal
22    district, the clerk shall be entitled to a search fee of a
23    minimum of $4 and a maximum of $6 for each year searched.
24(n) Hard Copy.
25        For each page of hard copy print output, when case
26    records are maintained on an automated medium, the clerk

 

 

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1    shall be entitled to a fee of a minimum of $4 and a maximum
2    of $6.
3(o) Index Inquiry and Other Records.
4        No fee shall be charged for a single
5    plaintiff/defendant index inquiry or single case record
6    inquiry when this request is made in person and the records
7    are maintained in a current automated medium, and when no
8    hard copy print output is requested. The fees to be charged
9    for management records, multiple case records, and
10    multiple journal records may be specified by the Chief
11    Judge pursuant to the guidelines for access and
12    dissemination of information approved by the Supreme
13    Court.
14(p) (Blank).
15(q) Alias Summons.
16        For each alias summons or citation issued by the clerk,
17    a minimum of $2 and a maximum of $5.
18(r) Other Fees.
19        Any fees not covered in this Section shall be set by
20    rule or administrative order of the Circuit Court with the
21    approval of the Administrative Office of the Illinois
22    Courts.
23        The clerk of the circuit court may provide additional
24    services for which there is no fee specified by statute in
25    connection with the operation of the clerk's office as may
26    be requested by the public and agreed to by the clerk and

 

 

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1    approved by the chief judge of the circuit court. Any
2    charges for additional services shall be as agreed to
3    between the clerk and the party making the request and
4    approved by the chief judge of the circuit court. Nothing
5    in this subsection shall be construed to require any clerk
6    to provide any service not otherwise required by law.
7(s) Jury Services.
8        The clerk shall be entitled to receive, in addition to
9    other fees allowed by law, the sum of a minimum of $62.50
10    and a maximum of $212.50, as a fee for the services of a
11    jury in every civil action not quasi-criminal in its nature
12    and not a proceeding for the exercise of the right of
13    eminent domain and in every other action wherein the right
14    of trial by jury is or may be given by law. The jury fee
15    shall be paid by the party demanding a jury at the time of
16    filing the jury demand. If the fee is not paid by either
17    party, no jury shall be called in the action or proceeding,
18    and the same shall be tried by the court without a jury.
19(t) Voluntary Assignment.
20        For filing each deed of voluntary assignment, a minimum
21    of $10 and a maximum of $20; for recording the same, a
22    minimum of 25 cents and a maximum of 50 cents for each 100
23    words. Exceptions filed to claims presented to an assignee
24    of a debtor who has made a voluntary assignment for the
25    benefit of creditors shall be considered and treated, for
26    the purpose of taxing costs therein, as actions in which

 

 

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1    the party or parties filing the exceptions shall be
2    considered as party or parties plaintiff, and the claimant
3    or claimants as party or parties defendant, and those
4    parties respectively shall pay to the clerk the same fees
5    as provided by this Section to be paid in other actions.
6(u) Expungement Petition.
7        The clerk shall be entitled to receive a fee of a
8    minimum of $15 and a maximum of $60 for each expungement
9    petition filed and an additional fee of a minimum of $2 and
10    a maximum of $4 for each certified copy of an order to
11    expunge arrest records.
12(v) Probate.
13        The clerk is entitled to receive the fees specified in
14    this subsection (v), which shall be paid in advance, except
15    that, for good cause shown, the court may suspend, reduce,
16    or release the costs payable under this subsection:
17        (1) For administration of the estate of a decedent
18    (whether testate or intestate) or of a missing person, a
19    minimum of $50 and a maximum of $150, plus the fees
20    specified in subsection (v)(3), except:
21            (A) When the value of the real and personal
22        property does not exceed $15,000, the fee shall be a
23        minimum of $25 and a maximum of $40.
24            (B) When (i) proof of heirship alone is made, (ii)
25        a domestic or foreign will is admitted to probate
26        without administration (including proof of heirship),

 

 

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1        or (iii) letters of office are issued for a particular
2        purpose without administration of the estate, the fee
3        shall be a minimum of $10 and a maximum of $40.
4            (C) For filing a petition to sell Real Estate, $50.
5        (2) For administration of the estate of a ward, a
6    minimum of $50 and a maximum of $75, plus the fees
7    specified in subsection (v)(3), except:
8            (A) When the value of the real and personal
9        property does not exceed $15,000, the fee shall be a
10        minimum of $25 and a maximum of $40.
11            (B) When (i) letters of office are issued to a
12        guardian of the person or persons, but not of the
13        estate or (ii) letters of office are issued in the
14        estate of a ward without administration of the estate,
15        including filing or joining in the filing of a tax
16        return or releasing a mortgage or consenting to the
17        marriage of the ward, the fee shall be a minimum of $10
18        and a maximum of $20.
19            (C) For filing a Petition to sell Real Estate, $50.
20        (3) In addition to the fees payable under subsection
21    (v)(1) or (v)(2) of this Section, the following fees are
22    payable:
23            (A) For each account (other than one final account)
24        filed in the estate of a decedent, or ward, a minimum
25        of $10 and a maximum of $25.
26            (B) For filing a claim in an estate when the amount

 

 

HB6191- 150 -LRB097 13524 JLS 69734 b

1        claimed is $150 or more but less than $500, a minimum
2        of $10 and a maximum of $25; when the amount claimed is
3        $500 or more but less than $10,000, a minimum of $10
4        and a maximum of $40; when the amount claimed is
5        $10,000 or more, a minimum of $10 and a maximum of $60;
6        provided that the court in allowing a claim may add to
7        the amount allowed the filing fee paid by the claimant.
8            (C) For filing in an estate a claim, petition, or
9        supplemental proceeding based upon an action seeking
10        equitable relief including the construction or contest
11        of a will, enforcement of a contract to make a will,
12        and proceedings involving testamentary trusts or the
13        appointment of testamentary trustees, a minimum of $40
14        and a maximum of $60.
15            (D) For filing in an estate (i) the appearance of
16        any person for the purpose of consent or (ii) the
17        appearance of an executor, administrator,
18        administrator to collect, guardian, guardian ad litem,
19        or special administrator, no fee.
20            (E) Except as provided in subsection (v)(3)(D),
21        for filing the appearance of any person or persons, a
22        minimum of $10 and a maximum of $30.
23            (F) For each jury demand, a minimum of $62.50 and a
24        maximum of $137.50.
25            (G) For disposition of the collection of a judgment
26        or settlement of an action or claim for wrongful death

 

 

HB6191- 151 -LRB097 13524 JLS 69734 b

1        of a decedent or of any cause of action of a ward, when
2        there is no other administration of the estate, a
3        minimum of $30 and a maximum of $50, less any amount
4        paid under subsection (v)(1)(B) or (v)(2)(B) except
5        that if the amount involved does not exceed $5,000, the
6        fee, including any amount paid under subsection
7        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
8        maximum of $20.
9            (H) For each certified copy of letters of office,
10        of court order or other certification, a minimum of $1
11        and a maximum of $2, plus a minimum of 50 cents and a
12        maximum of $1 per page in excess of 3 pages for the
13        document certified.
14            (I) For each exemplification, a minimum of $1 and a
15        maximum of $2, plus the fee for certification.
16        (4) The executor, administrator, guardian, petitioner,
17    or other interested person or his or her attorney shall pay
18    the cost of publication by the clerk directly to the
19    newspaper.
20        (5) The person on whose behalf a charge is incurred for
21    witness, court reporter, appraiser, or other miscellaneous
22    fee shall pay the same directly to the person entitled
23    thereto.
24        (6) The executor, administrator, guardian, petitioner,
25    or other interested person or his or her attorney shall pay
26    to the clerk all postage charges incurred by the clerk in

 

 

HB6191- 152 -LRB097 13524 JLS 69734 b

1    mailing petitions, orders, notices, or other documents
2    pursuant to the provisions of the Probate Act of 1975.
3(w) Criminal and Quasi-Criminal Costs and Fees.
4        (1) The clerk shall be entitled to costs in all
5    criminal and quasi-criminal cases from each person
6    convicted or sentenced to supervision therein as follows:
7            (A) Felony complaints, a minimum of $40 and a
8        maximum of $100.
9            (B) Misdemeanor complaints, a minimum of $25 and a
10        maximum of $75.
11            (C) Business offense complaints, a minimum of $25
12        and a maximum of $75.
13            (D) Petty offense complaints, a minimum of $25 and
14        a maximum of $75.
15            (E) Minor traffic or ordinance violations, $10.
16            (F) When court appearance required, $15.
17            (G) Motions to vacate or amend final orders, a
18        minimum of $20 and a maximum of $40.
19            (H) Motions to vacate bond forfeiture orders, a
20        minimum of $20 and a maximum of $40.
21            (I) Motions to vacate ex parte judgments, whenever
22        filed, a minimum of $20 and a maximum of $40.
23            (J) Motions to vacate judgment on forfeitures,
24        whenever filed, a minimum of $20 and a maximum of $40.
25            (K) Motions to vacate "failure to appear" or
26        "failure to comply" notices sent to the Secretary of

 

 

HB6191- 153 -LRB097 13524 JLS 69734 b

1        State, a minimum of $20 and a maximum of $40.
2        (2) In counties having a population of not more than
3    500,000 inhabitants, when the violation complaint is
4    issued by a municipal police department, the clerk shall be
5    entitled to costs from each person convicted therein as
6    follows:
7            (A) Minor traffic or ordinance violations, $10.
8            (B) When court appearance required, $15.
9        (3) In ordinance violation cases punishable by fine
10    only, the clerk of the circuit court shall be entitled to
11    receive, unless the fee is excused upon a finding by the
12    court that the defendant is indigent, in addition to other
13    fees or costs allowed or imposed by law, the sum of a
14    minimum of $62.50 and a maximum of $137.50 as a fee for the
15    services of a jury. The jury fee shall be paid by the
16    defendant at the time of filing his or her jury demand. If
17    the fee is not so paid by the defendant, no jury shall be
18    called, and the case shall be tried by the court without a
19    jury.
20(x) Transcripts of Judgment.
21        For the filing of a transcript of judgment, the clerk
22    shall be entitled to the same fee as if it were the
23    commencement of a new suit.
24(y) Change of Venue.
25        (1) For the filing of a change of case on a change of
26    venue, the clerk shall be entitled to the same fee as if it

 

 

HB6191- 154 -LRB097 13524 JLS 69734 b

1    were the commencement of a new suit.
2        (2) The fee for the preparation and certification of a
3    record on a change of venue to another jurisdiction, when
4    original documents are forwarded, a minimum of $10 and a
5    maximum of $40.
6(z) Tax objection complaints.
7        For each tax objection complaint containing one or more
8    tax objections, regardless of the number of parcels
9    involved or the number of taxpayers joining on the
10    complaint, a minimum of $10 and a maximum of $50.
11(aa) Tax Deeds.
12        (1) Petition for tax deed, if only one parcel is
13    involved, a minimum of $45 and a maximum of $200.
14        (2) For each additional parcel, add a fee of a minimum
15    of $10 and a maximum of $60.
16(bb) Collections.
17        (1) For all collections made of others, except the
18    State and county and except in maintenance or child support
19    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
20    of the amount collected and turned over.
21        (2) Interest earned on any funds held by the clerk
22    shall be turned over to the county general fund as an
23    earning of the office.
24        (3) For any check, draft, or other bank instrument
25    returned to the clerk for non-sufficient funds, account
26    closed, or payment stopped, $25.

 

 

HB6191- 155 -LRB097 13524 JLS 69734 b

1        (4) In child support and maintenance cases, the clerk,
2    if authorized by an ordinance of the county board, may
3    collect an annual fee of up to $36 from the person making
4    payment for maintaining child support records and the
5    processing of support orders to the State of Illinois KIDS
6    system and the recording of payments issued by the State
7    Disbursement Unit for the official record of the Court.
8    This fee shall be in addition to and separate from amounts
9    ordered to be paid as maintenance or child support and
10    shall be deposited into a Separate Maintenance and Child
11    Support Collection Fund, of which the clerk shall be the
12    custodian, ex-officio, to be used by the clerk to maintain
13    child support orders and record all payments issued by the
14    State Disbursement Unit for the official record of the
15    Court. The clerk may recover from the person making the
16    maintenance or child support payment any additional cost
17    incurred in the collection of this annual fee.
18        The clerk shall also be entitled to a fee of $5 for
19    certifications made to the Secretary of State as provided
20    in Section 7-703 of the Family Financial Responsibility Law
21    and these fees shall also be deposited into the Separate
22    Maintenance and Child Support Collection Fund.
23(cc) Corrections of Numbers.
24        For correction of the case number, case title, or
25    attorney computer identification number, if required by
26    rule of court, on any document filed in the clerk's office,

 

 

HB6191- 156 -LRB097 13524 JLS 69734 b

1    to be charged against the party that filed the document, a
2    minimum of $10 and a maximum of $25.
3(dd) Exceptions.
4        (1) The fee requirements of this Section shall not
5    apply to police departments or other law enforcement
6    agencies. In this Section, "law enforcement agency" means
7    an agency of the State or a unit of local government which
8    is vested by law or ordinance with the duty to maintain
9    public order and to enforce criminal laws or ordinances.
10    "Law enforcement agency" also means the Attorney General or
11    any state's attorney.
12        (2) No fee provided herein shall be charged to any unit
13    of local government or school district.
14        (3) The fee requirements of this Section shall not
15    apply to any action instituted under subsection (b) of
16    Section 11-31-1 of the Illinois Municipal Code by a private
17    owner or tenant of real property within 1200 feet of a
18    dangerous or unsafe building seeking an order compelling
19    the owner or owners of the building to take any of the
20    actions authorized under that subsection.
21        (4) The fee requirements of this Section shall not
22    apply to the filing of any commitment petition or petition
23    for an order authorizing the administration of
24    psychotropic medication or electroconvulsive therapy under
25    the Mental Health and Developmental Disabilities Code.
26(ee) Adoptions.

 

 

HB6191- 157 -LRB097 13524 JLS 69734 b

1        (1) For an adoption...............................$65
2        (2) Upon good cause shown, the court may waive the
3    adoption filing fee in a special needs adoption. The term
4    "special needs adoption" shall have the meaning ascribed to
5    it by the Illinois Department of Children and Family
6    Services.
7(ff) Adoption exemptions.
8        No fee other than that set forth in subsection (ee)
9    shall be charged to any person in connection with an
10    adoption proceeding nor may any fee be charged for
11    proceedings for the appointment of a confidential
12    intermediary under the Adoption Act.
13(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 
14    Section 961. The Juvenile Court Act of 1987 is amended by
15changing Sections 1-3 and 6-9 as follows:
 
16    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
17    Sec. 1-3. Definitions. Terms used in this Act, unless the
18context otherwise requires, have the following meanings
19ascribed to them:
20    (1) "Adjudicatory hearing" means a hearing to determine
21whether the allegations of a petition under Section 2-13, 3-15
22or 4-12 that a minor under 18 years of age is abused, neglected
23or dependent, or requires authoritative intervention, or
24addicted, respectively, are supported by a preponderance of the

 

 

HB6191- 158 -LRB097 13524 JLS 69734 b

1evidence or whether the allegations of a petition under Section
25-520 that a minor is delinquent are proved beyond a reasonable
3doubt.
4    (2) "Adult" means a person 21 years of age or older.
5    (3) "Agency" means a public or private child care facility
6legally authorized or licensed by this State for placement or
7institutional care or for both placement and institutional
8care.
9    (4) "Association" means any organization, public or
10private, engaged in welfare functions which include services to
11or on behalf of children but does not include "agency" as
12herein defined.
13    (4.05) Whenever a "best interest" determination is
14required, the following factors shall be considered in the
15context of the child's age and developmental needs:
16        (a) the physical safety and welfare of the child,
17    including food, shelter, health, and clothing;
18        (b) the development of the child's identity;
19        (c) the child's background and ties, including
20    familial, cultural, and religious;
21        (d) the child's sense of attachments, including:
22            (i) where the child actually feels love,
23        attachment, and a sense of being valued (as opposed to
24        where adults believe the child should feel such love,
25        attachment, and a sense of being valued);
26            (ii) the child's sense of security;

 

 

HB6191- 159 -LRB097 13524 JLS 69734 b

1            (iii) the child's sense of familiarity;
2            (iv) continuity of affection for the child;
3            (v) the least disruptive placement alternative for
4        the child;
5        (e) the child's wishes and long-term goals;
6        (f) the child's community ties, including church,
7    school, and friends;
8        (g) the child's need for permanence which includes the
9    child's need for stability and continuity of relationships
10    with parent figures and with siblings and other relatives;
11        (h) the uniqueness of every family and child;
12        (i) the risks attendant to entering and being in
13    substitute care; and
14        (j) the preferences of the persons available to care
15    for the child.
16    (4.1) "Chronic truant" shall have the definition ascribed
17to it in Section 26-2a of the School Code.
18    (5) "Court" means the circuit court in a session or
19division assigned to hear proceedings under this Act.
20    (6) "Dispositional hearing" means a hearing to determine
21whether a minor should be adjudged to be a ward of the court,
22and to determine what order of disposition should be made in
23respect to a minor adjudged to be a ward of the court.
24    (7) "Emancipated minor" means any minor 16 years of age or
25over who has been completely or partially emancipated under the
26Emancipation of Minors Act or under this Act.

 

 

HB6191- 160 -LRB097 13524 JLS 69734 b

1    (8) "Guardianship of the person" of a minor means the duty
2and authority to act in the best interests of the minor,
3subject to residual parental rights and responsibilities, to
4make important decisions in matters having a permanent effect
5on the life and development of the minor and to be concerned
6with his or her general welfare. It includes but is not
7necessarily limited to:
8        (a) the authority to consent to marriage, to enlistment
9    in the armed forces of the United States, or to a major
10    medical, psychiatric, and surgical treatment; to represent
11    the minor in legal actions; and to make other decisions of
12    substantial legal significance concerning the minor;
13        (b) the authority and duty of reasonable visitation,
14    except to the extent that these have been limited in the
15    best interests of the minor by court order;
16        (c) the rights and responsibilities of legal custody
17    except where legal custody has been vested in another
18    person or agency; and
19        (d) the power to consent to the adoption of the minor,
20    but only if expressly conferred on the guardian in
21    accordance with Section 2-29, 3-30, or 4-27.
22    (9) "Legal custody" means the relationship created by an
23order of court in the best interests of the minor which imposes
24on the custodian the responsibility of physical possession of a
25minor and the duty to protect, train and discipline him and to
26provide him with food, shelter, education and ordinary medical

 

 

HB6191- 161 -LRB097 13524 JLS 69734 b

1care, except as these are limited by residual parental rights
2and responsibilities and the rights and responsibilities of the
3guardian of the person, if any.
4    (9.1) "Mentally capable adult relative" means a person 21
5years of age or older who is not suffering from a mental
6illness that prevents him or her from providing the care
7necessary to safeguard the physical safety and welfare of a
8minor who is left in that person's care by the parent or
9parents or other person responsible for the minor's welfare.
10    (10) "Minor" means a person under the age of 21 years
11subject to this Act.
12    (11) "Parent" means the father or mother of a child and
13includes any adoptive parent. It also includes a man (i) whose
14paternity is presumed or has been established under the law of
15this or another jurisdiction or (ii) who has registered with
16the Putative Father Registry in accordance with Section 12.1 of
17the Adoption Act and whose paternity has not been ruled out
18under the law of this or another jurisdiction. It does not
19include a parent whose rights in respect to the minor have been
20terminated in any manner provided by law. It does not include a
21person who has been or could be determined to be a parent under
22the Illinois Parentage Act of 1984 or the Illinois Parentage
23Act of 2012, or similar parentage law in any other state, if
24that person has been convicted of or pled nolo contendere to a
25crime that resulted in the conception of the child under
26Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,

 

 

HB6191- 162 -LRB097 13524 JLS 69734 b

112-14.1, subsection (a) or (b) (but not subsection (c)) of
2Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
3(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
4Criminal Code of 1961 or similar statute in another
5jurisdiction unless upon motion of any party, other than the
6offender, to the juvenile court proceedings the court finds it
7is in the child's best interest to deem the offender a parent
8for purposes of the juvenile court proceedings.
9    (11.1) "Permanency goal" means a goal set by the court as
10defined in subdivision (2) of Section 2-28.
11    (11.2) "Permanency hearing" means a hearing to set the
12permanency goal and to review and determine (i) the
13appropriateness of the services contained in the plan and
14whether those services have been provided, (ii) whether
15reasonable efforts have been made by all the parties to the
16service plan to achieve the goal, and (iii) whether the plan
17and goal have been achieved.
18    (12) "Petition" means the petition provided for in Section
192-13, 3-15, 4-12 or 5-520, including any supplemental petitions
20thereunder in Section 3-15, 4-12 or 5-520.
21    (12.1) "Physically capable adult relative" means a person
2221 years of age or older who does not have a severe physical
23disability or medical condition, or is not suffering from
24alcoholism or drug addiction, that prevents him or her from
25providing the care necessary to safeguard the physical safety
26and welfare of a minor who is left in that person's care by the

 

 

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1parent or parents or other person responsible for the minor's
2welfare.
3    (13) "Residual parental rights and responsibilities" means
4those rights and responsibilities remaining with the parent
5after the transfer of legal custody or guardianship of the
6person, including, but not necessarily limited to, the right to
7reasonable visitation (which may be limited by the court in the
8best interests of the minor as provided in subsection (8)(b) of
9this Section), the right to consent to adoption, the right to
10determine the minor's religious affiliation, and the
11responsibility for his support.
12    (14) "Shelter" means the temporary care of a minor in
13physically unrestricting facilities pending court disposition
14or execution of court order for placement.
15    (15) "Station adjustment" means the informal handling of an
16alleged offender by a juvenile police officer.
17    (16) "Ward of the court" means a minor who is so adjudged
18under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
19requisite jurisdictional facts, and thus is subject to the
20dispositional powers of the court under this Act.
21    (17) "Juvenile police officer" means a sworn police officer
22who has completed a Basic Recruit Training Course, has been
23assigned to the position of juvenile police officer by his or
24her chief law enforcement officer and has completed the
25necessary juvenile officers training as prescribed by the
26Illinois Law Enforcement Training Standards Board, or in the

 

 

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1case of a State police officer, juvenile officer training
2approved by the Director of the Department of State Police.
3    (18) "Secure child care facility" means any child care
4facility licensed by the Department of Children and Family
5Services to provide secure living arrangements for children
6under 18 years of age who are subject to placement in
7facilities under the Children and Family Services Act and who
8are not subject to placement in facilities for whom standards
9are established by the Department of Corrections under Section
103-15-2 of the Unified Code of Corrections. "Secure child care
11facility" also means a facility that is designed and operated
12to ensure that all entrances and exits from the facility, a
13building, or a distinct part of the building are under the
14exclusive control of the staff of the facility, whether or not
15the child has the freedom of movement within the perimeter of
16the facility, building, or distinct part of the building.
17(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11.)
 
18    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
19    Sec. 6-9. Enforcement of liability of parents and others.
20    (1) If parentage is at issue in any proceeding under this
21Act, other than cases involving those exceptions to the
22definition of parent set out in item (11) in Section 1-3, then
23the Illinois Parentage Act of 2012 1984 shall apply and the
24court shall enter orders consistent with that Act. If it
25appears at any hearing that a parent or any other person named

 

 

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1in the petition, liable under the law for the support of the
2minor, is able to contribute to his or her support, the court
3shall enter an order requiring that parent or other person to
4pay the clerk of the court, or to the guardian or custodian
5appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
6reasonable sum from time to time for the care, support and
7necessary special care or treatment, of the minor. If the court
8determines at any hearing that a parent or any other person
9named in the petition, liable under the law for the support of
10the minor, is able to contribute to help defray the costs
11associated with the minor's detention in a county or regional
12detention center, the court shall enter an order requiring that
13parent or other person to pay the clerk of the court a
14reasonable sum for the care and support of the minor. The court
15may require reasonable security for the payments. Upon failure
16to pay, the court may enforce obedience to the order by a
17proceeding as for contempt of court.
18    If it appears that the person liable for the support of the
19minor is able to contribute to legal fees for representation of
20the minor, the court shall enter an order requiring that person
21to pay a reasonable sum for the representation, to the attorney
22providing the representation or to the clerk of the court for
23deposit in the appropriate account or fund. The sum may be paid
24as the court directs, and the payment thereof secured and
25enforced as provided in this Section for support.
26    If it appears at the detention or shelter care hearing of a

 

 

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1minor before the court under Section 5-501 that a parent or any
2other person liable for support of the minor is able to
3contribute to his or her support, that parent or other person
4shall be required to pay a fee for room and board at a rate not
5to exceed $10 per day established, with the concurrence of the
6chief judge of the judicial circuit, by the county board of the
7county in which the minor is detained unless the court
8determines that it is in the best interest and welfare of the
9minor to waive the fee. The concurrence of the chief judge
10shall be in the form of an administrative order. Each week, on
11a day designated by the clerk of the circuit court, that parent
12or other person shall pay the clerk for the minor's room and
13board. All fees for room and board collected by the circuit
14court clerk shall be disbursed into the separate county fund
15under Section 6-7.
16    Upon application, the court shall waive liability for
17support or legal fees under this Section if the parent or other
18person establishes that he or she is indigent and unable to pay
19the incurred liability, and the court may reduce or waive
20liability if the parent or other person establishes
21circumstances showing that full payment of support or legal
22fees would result in financial hardship to the person or his or
23her family.
24    (2) When a person so ordered to pay for the care and
25support of a minor is employed for wages, salary or commission,
26the court may order him to make the support payments for which

 

 

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1he is liable under this Act out of his wages, salary or
2commission and to assign so much thereof as will pay the
3support. The court may also order him to make discovery to the
4court as to his place of employment and the amounts earned by
5him. Upon his failure to obey the orders of court he may be
6punished as for contempt of court.
7    (3) If the minor is a recipient of public aid under the
8Illinois Public Aid Code, the court shall order that payments
9made by a parent or through assignment of his wages, salary or
10commission be made directly to (a) the Department of Healthcare
11and Family Services if the minor is a recipient of aid under
12Article V of the Code, (b) the Department of Human Services if
13the minor is a recipient of aid under Article IV of the Code,
14or (c) the local governmental unit responsible for the support
15of the minor if he is a recipient under Articles VI or VII of
16the Code. The order shall permit the Department of Healthcare
17and Family Services, the Department of Human Services, or the
18local governmental unit, as the case may be, to direct that
19subsequent payments be made directly to the guardian or
20custodian of the minor, or to some other person or agency in
21the minor's behalf, upon removal of the minor from the public
22aid rolls; and upon such direction and removal of the minor
23from the public aid rolls, the Department of Healthcare and
24Family Services, Department of Human Services, or local
25governmental unit, as the case requires, shall give written
26notice of such action to the court. Payments received by the

 

 

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1Department of Healthcare and Family Services, Department of
2Human Services, or local governmental unit are to be covered,
3respectively, into the General Revenue Fund of the State
4Treasury or General Assistance Fund of the governmental unit,
5as provided in Section 10-19 of the Illinois Public Aid Code.
6(Source: P.A. 97-568, eff. 8-25-11.)
 
7    Section 962. The Code of Criminal Procedure of 1963 is
8amended by changing Section 112A-14 as follows:
 
9    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
10    Sec. 112A-14. Order of protection; remedies.
11    (a) Issuance of order. If the court finds that petitioner
12has been abused by a family or household member, as defined in
13this Article, an order of protection prohibiting such abuse
14shall issue; provided that petitioner must also satisfy the
15requirements of one of the following Sections, as appropriate:
16Section 112A-17 on emergency orders, Section 112A-18 on interim
17orders, or Section 112A-19 on plenary orders. Petitioner shall
18not be denied an order of protection because petitioner or
19respondent is a minor. The court, when determining whether or
20not to issue an order of protection, shall not require physical
21manifestations of abuse on the person of the victim.
22Modification and extension of prior orders of protection shall
23be in accordance with this Article.
24    (b) Remedies and standards. The remedies to be included in

 

 

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1an order of protection shall be determined in accordance with
2this Section and one of the following Sections, as appropriate:
3Section 112A-17 on emergency orders, Section 112A-18 on interim
4orders, and Section 112A-19 on plenary orders. The remedies
5listed in this subsection shall be in addition to other civil
6or criminal remedies available to petitioner.
7        (1) Prohibition of abuse. Prohibit respondent's
8    harassment, interference with personal liberty,
9    intimidation of a dependent, physical abuse or willful
10    deprivation, as defined in this Article, if such abuse has
11    occurred or otherwise appears likely to occur if not
12    prohibited.
13        (2) Grant of exclusive possession of residence.
14    Prohibit respondent from entering or remaining in any
15    residence, household, or premises of the petitioner,
16    including one owned or leased by respondent, if petitioner
17    has a right to occupancy thereof. The grant of exclusive
18    possession of the residence, household, or premises shall
19    not affect title to real property, nor shall the court be
20    limited by the standard set forth in Section 701 of the
21    Illinois Marriage and Dissolution of Marriage Act.
22            (A) Right to occupancy. A party has a right to
23        occupancy of a residence or household if it is solely
24        or jointly owned or leased by that party, that party's
25        spouse, a person with a legal duty to support that
26        party or a minor child in that party's care, or by any

 

 

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1        person or entity other than the opposing party that
2        authorizes that party's occupancy (e.g., a domestic
3        violence shelter). Standards set forth in subparagraph
4        (B) shall not preclude equitable relief.
5            (B) Presumption of hardships. If petitioner and
6        respondent each has the right to occupancy of a
7        residence or household, the court shall balance (i) the
8        hardships to respondent and any minor child or
9        dependent adult in respondent's care resulting from
10        entry of this remedy with (ii) the hardships to
11        petitioner and any minor child or dependent adult in
12        petitioner's care resulting from continued exposure to
13        the risk of abuse (should petitioner remain at the
14        residence or household) or from loss of possession of
15        the residence or household (should petitioner leave to
16        avoid the risk of abuse). When determining the balance
17        of hardships, the court shall also take into account
18        the accessibility of the residence or household.
19        Hardships need not be balanced if respondent does not
20        have a right to occupancy.
21            The balance of hardships is presumed to favor
22        possession by petitioner unless the presumption is
23        rebutted by a preponderance of the evidence, showing
24        that the hardships to respondent substantially
25        outweigh the hardships to petitioner and any minor
26        child or dependent adult in petitioner's care. The

 

 

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1        court, on the request of petitioner or on its own
2        motion, may order respondent to provide suitable,
3        accessible, alternate housing for petitioner instead
4        of excluding respondent from a mutual residence or
5        household.
6        (3) Stay away order and additional prohibitions. Order
7    respondent to stay away from petitioner or any other person
8    protected by the order of protection, or prohibit
9    respondent from entering or remaining present at
10    petitioner's school, place of employment, or other
11    specified places at times when petitioner is present, or
12    both, if reasonable, given the balance of hardships.
13    Hardships need not be balanced for the court to enter a
14    stay away order or prohibit entry if respondent has no
15    right to enter the premises.
16        If an order of protection grants petitioner exclusive
17    possession of the residence, or prohibits respondent from
18    entering the residence, or orders respondent to stay away
19    from petitioner or other protected persons, then the court
20    may allow respondent access to the residence to remove
21    items of clothing and personal adornment used exclusively
22    by respondent, medications, and other items as the court
23    directs. The right to access shall be exercised on only one
24    occasion as the court directs and in the presence of an
25    agreed-upon adult third party or law enforcement officer.
26        (4) Counseling. Require or recommend the respondent to

 

 

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1    undergo counseling for a specified duration with a social
2    worker, psychologist, clinical psychologist, psychiatrist,
3    family service agency, alcohol or substance abuse program,
4    mental health center guidance counselor, agency providing
5    services to elders, program designed for domestic violence
6    abusers or any other guidance service the court deems
7    appropriate. The court may order the respondent in any
8    intimate partner relationship to report to an Illinois
9    Department of Human Services protocol approved partner
10    abuse intervention program for an assessment and to follow
11    all recommended treatment.
12        (5) Physical care and possession of the minor child. In
13    order to protect the minor child from abuse, neglect, or
14    unwarranted separation from the person who has been the
15    minor child's primary caretaker, or to otherwise protect
16    the well-being of the minor child, the court may do either
17    or both of the following: (i) grant petitioner physical
18    care or possession of the minor child, or both, or (ii)
19    order respondent to return a minor child to, or not remove
20    a minor child from, the physical care of a parent or person
21    in loco parentis.
22        If a court finds, after a hearing, that respondent has
23    committed abuse (as defined in Section 112A-3) of a minor
24    child, there shall be a rebuttable presumption that
25    awarding physical care to respondent would not be in the
26    minor child's best interest.

 

 

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1        (6) Temporary legal custody. Award temporary legal
2    custody to petitioner in accordance with this Section, the
3    Illinois Marriage and Dissolution of Marriage Act, the
4    Illinois Parentage Act of 2012 1984, and this State's
5    Uniform Child-Custody Jurisdiction and Enforcement Act.
6        If a court finds, after a hearing, that respondent has
7    committed abuse (as defined in Section 112A-3) of a minor
8    child, there shall be a rebuttable presumption that
9    awarding temporary legal custody to respondent would not be
10    in the child's best interest.
11        (7) Visitation. Determine the visitation rights, if
12    any, of respondent in any case in which the court awards
13    physical care or temporary legal custody of a minor child
14    to petitioner. The court shall restrict or deny
15    respondent's visitation with a minor child if the court
16    finds that respondent has done or is likely to do any of
17    the following: (i) abuse or endanger the minor child during
18    visitation; (ii) use the visitation as an opportunity to
19    abuse or harass petitioner or petitioner's family or
20    household members; (iii) improperly conceal or detain the
21    minor child; or (iv) otherwise act in a manner that is not
22    in the best interests of the minor child. The court shall
23    not be limited by the standards set forth in Section 607.1
24    of the Illinois Marriage and Dissolution of Marriage Act.
25    If the court grants visitation, the order shall specify
26    dates and times for the visitation to take place or other

 

 

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1    specific parameters or conditions that are appropriate. No
2    order for visitation shall refer merely to the term
3    "reasonable visitation".
4        Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for visitation,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving in
9    a violent or abusive manner.
10        If necessary to protect any member of petitioner's
11    family or household from future abuse, respondent shall be
12    prohibited from coming to petitioner's residence to meet
13    the minor child for visitation, and the parties shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for visitation. A person may be
16    approved to supervise visitation only after filing an
17    affidavit accepting that responsibility and acknowledging
18    accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return the
25    child to the custody or care of the petitioner or to permit
26    any court-ordered interview or examination of the child or

 

 

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1    the respondent.
2        (10) Possession of personal property. Grant petitioner
3    exclusive possession of personal property and, if
4    respondent has possession or control, direct respondent to
5    promptly make it available to petitioner, if:
6            (i) petitioner, but not respondent, owns the
7        property; or
8            (ii) the parties own the property jointly; sharing
9        it would risk abuse of petitioner by respondent or is
10        impracticable; and the balance of hardships favors
11        temporary possession by petitioner.
12        If petitioner's sole claim to ownership of the property
13    is that it is marital property, the court may award
14    petitioner temporary possession thereof under the
15    standards of subparagraph (ii) of this paragraph only if a
16    proper proceeding has been filed under the Illinois
17    Marriage and Dissolution of Marriage Act, as now or
18    hereafter amended.
19        No order under this provision shall affect title to
20    property.
21        (11) Protection of property. Forbid the respondent
22    from taking, transferring, encumbering, concealing,
23    damaging or otherwise disposing of any real or personal
24    property, except as explicitly authorized by the court, if:
25            (i) petitioner, but not respondent, owns the
26        property; or

 

 

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1            (ii) the parties own the property jointly, and the
2        balance of hardships favors granting this remedy.
3        If petitioner's sole claim to ownership of the property
4    is that it is marital property, the court may grant
5    petitioner relief under subparagraph (ii) of this
6    paragraph only if a proper proceeding has been filed under
7    the Illinois Marriage and Dissolution of Marriage Act, as
8    now or hereafter amended.
9        The court may further prohibit respondent from
10    improperly using the financial or other resources of an
11    aged member of the family or household for the profit or
12    advantage of respondent or of any other person.
13        (11.5) Protection of animals. Grant the petitioner the
14    exclusive care, custody, or control of any animal owned,
15    possessed, leased, kept, or held by either the petitioner
16    or the respondent or a minor child residing in the
17    residence or household of either the petitioner or the
18    respondent and order the respondent to stay away from the
19    animal and forbid the respondent from taking,
20    transferring, encumbering, concealing, harming, or
21    otherwise disposing of the animal.
22        (12) Order for payment of support. Order respondent to
23    pay temporary support for the petitioner or any child in
24    the petitioner's care or custody, when the respondent has a
25    legal obligation to support that person, in accordance with
26    the Illinois Marriage and Dissolution of Marriage Act,

 

 

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1    which shall govern, among other matters, the amount of
2    support, payment through the clerk and withholding of
3    income to secure payment. An order for child support may be
4    granted to a petitioner with lawful physical care or
5    custody of a child, or an order or agreement for physical
6    care or custody, prior to entry of an order for legal
7    custody. Such a support order shall expire upon entry of a
8    valid order granting legal custody to another, unless
9    otherwise provided in the custody order.
10        (13) Order for payment of losses. Order respondent to
11    pay petitioner for losses suffered as a direct result of
12    the abuse. Such losses shall include, but not be limited
13    to, medical expenses, lost earnings or other support,
14    repair or replacement of property damaged or taken,
15    reasonable attorney's fees, court costs and moving or other
16    travel expenses, including additional reasonable expenses
17    for temporary shelter and restaurant meals.
18            (i) Losses affecting family needs. If a party is
19        entitled to seek maintenance, child support or
20        property distribution from the other party under the
21        Illinois Marriage and Dissolution of Marriage Act, as
22        now or hereafter amended, the court may order
23        respondent to reimburse petitioner's actual losses, to
24        the extent that such reimbursement would be
25        "appropriate temporary relief", as authorized by
26        subsection (a)(3) of Section 501 of that Act.

 

 

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1            (ii) Recovery of expenses. In the case of an
2        improper concealment or removal of a minor child, the
3        court may order respondent to pay the reasonable
4        expenses incurred or to be incurred in the search for
5        and recovery of the minor child, including but not
6        limited to legal fees, court costs, private
7        investigator fees, and travel costs.
8        (14) Prohibition of entry. Prohibit the respondent
9    from entering or remaining in the residence or household
10    while the respondent is under the influence of alcohol or
11    drugs and constitutes a threat to the safety and well-being
12    of the petitioner or the petitioner's children.
13        (14.5) Prohibition of firearm possession.
14            (a) Prohibit a respondent against whom an order of
15        protection was issued from possessing any firearms
16        during the duration of the order if the order:
17                (1) was issued after a hearing of which such
18            person received actual notice, and at which such
19            person had an opportunity to participate;
20                (2) restrains such person from harassing,
21            stalking, or threatening an intimate partner of
22            such person or child of such intimate partner or
23            person, or engaging in other conduct that would
24            place an intimate partner in reasonable fear of
25            bodily injury to the partner or child; and
26                (3)(i) includes a finding that such person

 

 

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1            represents a credible threat to the physical
2            safety of such intimate partner or child; or (ii)
3            by its terms explicitly prohibits the use,
4            attempted use, or threatened use of physical force
5            against such intimate partner or child that would
6            reasonably be expected to cause bodily injury.
7        Any firearms in the possession of the respondent,
8        except as provided in subsection (b), shall be ordered
9        by the court to be turned over to the local law
10        enforcement agency for safekeeping. The court shall
11        issue an order that the respondent's Firearm Owner's
12        Identification Card be turned over to the local law
13        enforcement agency for safekeeping. The period of
14        safekeeping shall be for the duration of the order of
15        protection. The firearm or firearms shall be returned
16        to the respondent at expiration of the order of
17        protection.
18            (b) If the respondent is a peace officer as defined
19        in Section 2-13 of the Criminal Code of 1961, the court
20        shall order that any firearms used by the respondent in
21        the performance of his or her duties as a peace officer
22        be surrendered to the chief law enforcement executive
23        of the agency in which the respondent is employed, who
24        shall retain the firearms for safekeeping for the
25        duration of the order of protection.
26            (c) Upon expiration of the period of safekeeping,

 

 

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1        if the firearms or Firearm Owner's Identification Card
2        cannot be returned to respondent because respondent
3        cannot be located, fails to respond to requests to
4        retrieve the firearms, or is not lawfully eligible to
5        possess a firearm, upon petition from the local law
6        enforcement agency, the court may order the local law
7        enforcement agency to destroy the firearms, use the
8        firearms for training purposes, or for any other
9        application as deemed appropriate by the local law
10        enforcement agency; or that the firearms be turned over
11        to a third party who is lawfully eligible to possess
12        firearms, and who does not reside with respondent.
13        (15) Prohibition of access to records. If an order of
14    protection prohibits respondent from having contact with
15    the minor child, or if petitioner's address is omitted
16    under subsection (b) of Section 112A-5, or if necessary to
17    prevent abuse or wrongful removal or concealment of a minor
18    child, the order shall deny respondent access to, and
19    prohibit respondent from inspecting, obtaining, or
20    attempting to inspect or obtain, school or any other
21    records of the minor child who is in the care of
22    petitioner.
23        (16) Order for payment of shelter services. Order
24    respondent to reimburse a shelter providing temporary
25    housing and counseling services to the petitioner for the
26    cost of the services, as certified by the shelter and

 

 

HB6191- 181 -LRB097 13524 JLS 69734 b

1    deemed reasonable by the court.
2        (17) Order for injunctive relief. Enter injunctive
3    relief necessary or appropriate to prevent further abuse of
4    a family or household member or to effectuate one of the
5    granted remedies, if supported by the balance of hardships.
6    If the harm to be prevented by the injunction is abuse or
7    any other harm that one of the remedies listed in
8    paragraphs (1) through (16) of this subsection is designed
9    to prevent, no further evidence is necessary to establish
10    that the harm is an irreparable injury.
11    (c) Relevant factors; findings.
12        (1) In determining whether to grant a specific remedy,
13    other than payment of support, the court shall consider
14    relevant factors, including but not limited to the
15    following:
16            (i) the nature, frequency, severity, pattern and
17        consequences of the respondent's past abuse of the
18        petitioner or any family or household member,
19        including the concealment of his or her location in
20        order to evade service of process or notice, and the
21        likelihood of danger of future abuse to petitioner or
22        any member of petitioner's or respondent's family or
23        household; and
24            (ii) the danger that any minor child will be abused
25        or neglected or improperly removed from the
26        jurisdiction, improperly concealed within the State or

 

 

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1        improperly separated from the child's primary
2        caretaker.
3        (2) In comparing relative hardships resulting to the
4    parties from loss of possession of the family home, the
5    court shall consider relevant factors, including but not
6    limited to the following:
7            (i) availability, accessibility, cost, safety,
8        adequacy, location and other characteristics of
9        alternate housing for each party and any minor child or
10        dependent adult in the party's care;
11            (ii) the effect on the party's employment; and
12            (iii) the effect on the relationship of the party,
13        and any minor child or dependent adult in the party's
14        care, to family, school, church and community.
15        (3) Subject to the exceptions set forth in paragraph
16    (4) of this subsection, the court shall make its findings
17    in an official record or in writing, and shall at a minimum
18    set forth the following:
19            (i) That the court has considered the applicable
20        relevant factors described in paragraphs (1) and (2) of
21        this subsection.
22            (ii) Whether the conduct or actions of respondent,
23        unless prohibited, will likely cause irreparable harm
24        or continued abuse.
25            (iii) Whether it is necessary to grant the
26        requested relief in order to protect petitioner or

 

 

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1        other alleged abused persons.
2        (4) For purposes of issuing an ex parte emergency order
3    of protection, the court, as an alternative to or as a
4    supplement to making the findings described in paragraphs
5    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
6    the following procedure:
7        When a verified petition for an emergency order of
8    protection in accordance with the requirements of Sections
9    112A-5 and 112A-17 is presented to the court, the court
10    shall examine petitioner on oath or affirmation. An
11    emergency order of protection shall be issued by the court
12    if it appears from the contents of the petition and the
13    examination of petitioner that the averments are
14    sufficient to indicate abuse by respondent and to support
15    the granting of relief under the issuance of the emergency
16    order of protection.
17        (5) Never married parties. No rights or
18    responsibilities for a minor child born outside of marriage
19    attach to a putative father until a father and child
20    relationship has been established under the Illinois
21    Parentage Act of 1984 or under the Illinois Parentage Act
22    of 2012 on and after the effective date of that Act. Absent
23    such an adjudication, no putative father shall be granted
24    temporary custody of the minor child, visitation with the
25    minor child, or physical care and possession of the minor
26    child, nor shall an order of payment for support of the

 

 

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1    minor child be entered.
2    (d) Balance of hardships; findings. If the court finds that
3the balance of hardships does not support the granting of a
4remedy governed by paragraph (2), (3), (10), (11), or (16) of
5subsection (b) of this Section, which may require such
6balancing, the court's findings shall so indicate and shall
7include a finding as to whether granting the remedy will result
8in hardship to respondent that would substantially outweigh the
9hardship to petitioner from denial of the remedy. The findings
10shall be an official record or in writing.
11    (e) Denial of remedies. Denial of any remedy shall not be
12based, in whole or in part, on evidence that:
13        (1) Respondent has cause for any use of force, unless
14    that cause satisfies the standards for justifiable use of
15    force provided by Article VII of the Criminal Code of 1961;
16        (2) Respondent was voluntarily intoxicated;
17        (3) Petitioner acted in self-defense or defense of
18    another, provided that, if petitioner utilized force, such
19    force was justifiable under Article VII of the Criminal
20    Code of 1961;
21        (4) Petitioner did not act in self-defense or defense
22    of another;
23        (5) Petitioner left the residence or household to avoid
24    further abuse by respondent;
25        (6) Petitioner did not leave the residence or household
26    to avoid further abuse by respondent;

 

 

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1        (7) Conduct by any family or household member excused
2    the abuse by respondent, unless that same conduct would
3    have excused such abuse if the parties had not been family
4    or household members.
5(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
697-158, eff. 1-1-12.)
 
7    Section 963. The Unified Code of Corrections is amended by
8changing Section 3-5-4 as follows:
 
9    (730 ILCS 5/3-5-4)
10    Sec. 3-5-4. Exchange of information for child support
11enforcement.
12    (a) The Department shall exchange with the Department of
13Healthcare and Family Services information that may be
14necessary for the enforcement of child support orders entered
15pursuant to the Illinois Public Aid Code, the Illinois Marriage
16and Dissolution of Marriage Act, the Non-Support of Spouse and
17Children Act, the Non-Support Punishment Act, the Revised
18Uniform Reciprocal Enforcement of Support Act, the Uniform
19Interstate Family Support Act, or the Illinois Parentage Act of
201984, or the Illinois Parentage Act of 2012.
21    (b) Notwithstanding any provisions in this Code to the
22contrary, the Department shall not be liable to any person for
23any disclosure of information to the Department of Healthcare
24and Family Services (formerly Illinois Department of Public

 

 

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1Aid) under subsection (a) or for any other action taken in good
2faith to comply with the requirements of subsection (a).
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    Section 964. The Code of Civil Procedure is amended by
5changing Sections 2-209, 2-1401, 12-112, and 12-819 as follows:
 
6    (735 ILCS 5/2-209)  (from Ch. 110, par. 2-209)
7    Sec. 2-209. Act submitting to jurisdiction - Process.
8    (a) Any person, whether or not a citizen or resident of
9this State, who in person or through an agent does any of the
10acts hereinafter enumerated, thereby submits such person, and,
11if an individual, his or her personal representative, to the
12jurisdiction of the courts of this State as to any cause of
13action arising from the doing of any of such acts:
14        (1) The transaction of any business within this State;
15        (2) The commission of a tortious act within this State;
16        (3) The ownership, use, or possession of any real
17    estate situated in this State;
18        (4) Contracting to insure any person, property or risk
19    located within this State at the time of contracting;
20        (5) With respect to actions of dissolution of marriage,
21    declaration of invalidity of marriage and legal
22    separation, the maintenance in this State of a matrimonial
23    domicile at the time this cause of action arose or the
24    commission in this State of any act giving rise to the

 

 

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1    cause of action;
2        (6) With respect to actions brought under the Illinois
3    Parentage Act of 1984, as now or hereafter amended, or
4    under the Illinois Parentage Act of 2012 on and after the
5    effective date of that Act, the performance of an act of
6    sexual intercourse within this State during the possible
7    period of conception;
8        (7) The making or performance of any contract or
9    promise substantially connected with this State;
10        (8) The performance of sexual intercourse within this
11    State which is claimed to have resulted in the conception
12    of a child who resides in this State;
13        (9) The failure to support a child, spouse or former
14    spouse who has continued to reside in this State since the
15    person either formerly resided with them in this State or
16    directed them to reside in this State;
17        (10) The acquisition of ownership, possession or
18    control of any asset or thing of value present within this
19    State when ownership, possession or control was acquired;
20        (11) The breach of any fiduciary duty within this
21    State;
22        (12) The performance of duties as a director or officer
23    of a corporation organized under the laws of this State or
24    having its principal place of business within this State;
25        (13) The ownership of an interest in any trust
26    administered within this State; or

 

 

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1        (14) The exercise of powers granted under the authority
2    of this State as a fiduciary.
3    (b) A court may exercise jurisdiction in any action arising
4within or without this State against any person who:
5        (1) Is a natural person present within this State when
6    served;
7        (2) Is a natural person domiciled or resident within
8    this State when the cause of action arose, the action was
9    commenced, or process was served;
10        (3) Is a corporation organized under the laws of this
11    State; or
12        (4) Is a natural person or corporation doing business
13    within this State.
14    (b-5) Foreign defamation judgment. The courts of this State
15shall have personal jurisdiction over any person who obtains a
16judgment in a defamation proceeding outside the United States
17against any person who is a resident of Illinois or, if not a
18natural person, has its principal place of business in
19Illinois, for the purposes of rendering declaratory relief with
20respect to that resident's liability for the judgment, or for
21the purpose of determining whether said judgment should be
22deemed non-recognizable pursuant to this Code, to the fullest
23extent permitted by the United States Constitution, provided:
24        (1) the publication at issue was published in Illinois,
25    and
26        (2) that resident (i) has assets in Illinois which

 

 

HB6191- 189 -LRB097 13524 JLS 69734 b

1    might be used to satisfy the foreign defamation judgment,
2    or (ii) may have to take actions in Illinois to comply with
3    the foreign defamation judgment.
4    The provisions of this subsection (b-5) shall apply to
5persons who obtained judgments in defamation proceedings
6outside the United States prior to, on, or after the effective
7date of this amendatory Act of the 95th General Assembly.
8    (c) A court may also exercise jurisdiction on any other
9basis now or hereafter permitted by the Illinois Constitution
10and the Constitution of the United States.
11    (d) Service of process upon any person who is subject to
12the jurisdiction of the courts of this State, as provided in
13this Section, may be made by personally serving the summons
14upon the defendant outside this State, as provided in this Act,
15with the same force and effect as though summons had been
16personally served within this State.
17    (e) Service of process upon any person who resides or whose
18business address is outside the United States and who is
19subject to the jurisdiction of the courts of this State, as
20provided in this Section, in any action based upon product
21liability may be made by serving a copy of the summons with a
22copy of the complaint attached upon the Secretary of State. The
23summons shall be accompanied by a $5 fee payable to the
24Secretary of State. The plaintiff shall forthwith mail a copy
25of the summons, upon which the date of service upon the
26Secretary is clearly shown, together with a copy of the

 

 

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1complaint to the defendant at his or her last known place of
2residence or business address. Plaintiff shall file with the
3circuit clerk an affidavit of the plaintiff or his or her
4attorney stating the last known place of residence or the last
5known business address of the defendant and a certificate of
6mailing a copy of the summons and complaint to the defendant at
7such address as required by this subsection (e). The
8certificate of mailing shall be prima facie evidence that the
9plaintiff or his or her attorney mailed a copy of the summons
10and complaint to the defendant as required. Service of the
11summons shall be deemed to have been made upon the defendant on
12the date it is served upon the Secretary and shall have the
13same force and effect as though summons had been personally
14served upon the defendant within this State.
15    (f) Only causes of action arising from acts enumerated
16herein may be asserted against a defendant in an action in
17which jurisdiction over him or her is based upon subsection
18(a).
19    (g) Nothing herein contained limits or affects the right to
20serve any process in any other manner now or hereafter provided
21by law.
22(Source: P.A. 95-865, eff. 8-19-08.)
 
23    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
24    Sec. 2-1401. Relief from judgments.
25    (a) Relief from final orders and judgments, after 30 days

 

 

HB6191- 191 -LRB097 13524 JLS 69734 b

1from the entry thereof, may be had upon petition as provided in
2this Section. Writs of error coram nobis and coram vobis, bills
3of review and bills in the nature of bills of review are
4abolished. All relief heretofore obtainable and the grounds for
5such relief heretofore available, whether by any of the
6foregoing remedies or otherwise, shall be available in every
7case, by proceedings hereunder, regardless of the nature of the
8order or judgment from which relief is sought or of the
9proceedings in which it was entered. Except as provided in
10Section 6 of the Illinois Parentage Act of 2012 1984, there
11shall be no distinction between actions and other proceedings,
12statutory or otherwise, as to availability of relief, grounds
13for relief or the relief obtainable.
14    (b) The petition must be filed in the same proceeding in
15which the order or judgment was entered but is not a
16continuation thereof. The petition must be supported by
17affidavit or other appropriate showing as to matters not of
18record. All parties to the petition shall be notified as
19provided by rule.
20    (c) Except as provided in Section 20b of the Adoption Act
21and Section 2-32 of the Juvenile Court Act of 1987 or in a
22petition based upon Section 116-3 of the Code of Criminal
23Procedure of 1963, the petition must be filed not later than 2
24years after the entry of the order or judgment. Time during
25which the person seeking relief is under legal disability or
26duress or the ground for relief is fraudulently concealed shall

 

 

HB6191- 192 -LRB097 13524 JLS 69734 b

1be excluded in computing the period of 2 years.
2    (d) The filing of a petition under this Section does not
3affect the order or judgment, or suspend its operation.
4    (e) Unless lack of jurisdiction affirmatively appears from
5the record proper, the vacation or modification of an order or
6judgment pursuant to the provisions of this Section does not
7affect the right, title or interest in or to any real or
8personal property of any person, not a party to the original
9action, acquired for value after the entry of the order or
10judgment but before the filing of the petition, nor affect any
11right of any person not a party to the original action under
12any certificate of sale issued before the filing of the
13petition, pursuant to a sale based on the order or judgment.
14    (f) Nothing contained in this Section affects any existing
15right to relief from a void order or judgment, or to employ any
16existing method to procure that relief.
17(Source: P.A. 95-331, eff. 8-21-07.)
 
18    (735 ILCS 5/12-112)  (from Ch. 110, par. 12-112)
19    Sec. 12-112. What liable to enforcement. All the lands,
20tenements, real estate, goods and chattels (except such as is
21by law declared to be exempt) of every person against whom any
22judgment has been or shall be hereafter entered in any court,
23for any debt, damages, costs, or other sum of money, shall be
24liable to be sold upon such judgment. Any real property, any
25beneficial interest in a land trust, or any interest in real

 

 

HB6191- 193 -LRB097 13524 JLS 69734 b

1property held in a revocable inter vivos trust or revocable
2inter vivos trusts created for estate planning purposes, held
3in tenancy by the entirety shall not be liable to be sold upon
4judgment entered on or after October 1, 1990 against only one
5of the tenants, except if the property was transferred into
6tenancy by the entirety with the sole intent to avoid the
7payment of debts existing at the time of the transfer beyond
8the transferor's ability to pay those debts as they become due.
9However, any income from such property shall be subject to
10garnishment as provided in Part 7 of this Article XII, whether
11judgment has been entered against one or both of the tenants.
12    If the court authorizes the piercing of the ownership veil
13pursuant to Section 505 of the Illinois Marriage and
14Dissolution of Marriage Act or Section 805 15 of the Illinois
15Parentage Act of 2012 1984, any assets determined to be those
16of the non-custodial parent, although not held in name of the
17non-custodial parent, shall be subject to attachment or other
18provisional remedy in accordance with the procedure prescribed
19by this Code. The court may not authorize attachment of
20property or any other provisional remedy under this paragraph
21unless it has obtained jurisdiction over the entity holding
22title to the property by proper service on that entity. With
23respect to assets which are real property, no order entered as
24described in this paragraph shall affect the rights of bona
25fide purchasers, mortgagees, judgment creditors, or other lien
26holders who acquire their interests in the property prior to

 

 

HB6191- 194 -LRB097 13524 JLS 69734 b

1the time a notice of lis pendens pursuant to this Code or a
2copy of the order is placed of record in the office of the
3recorder of deeds for the county in which the real property is
4located.
5    This amendatory Act of 1995 (P.A. 89-438) is declarative of
6existing law.
7    This amendatory Act of 1997 (P.A. 90-514) is intended as a
8clarification of existing law and not as a new enactment.
9(Source: P.A. 96-1145, eff. 1-1-11.)
 
10    (735 ILCS 5/12-819)  (from Ch. 110, par. 12-819)
11    Sec. 12-819. Limitations on part 8 of Article XII. The
12provisions of this Part 8 of Article XII of this Act do not
13apply to orders for withholding of income entered by the court
14under provisions of The Illinois Public Aid Code, the Illinois
15Marriage and Dissolution of Marriage Act, the Non-Support of
16Spouse and Children Act, the Non-Support Punishment Act, the
17Revised Uniform Reciprocal Enforcement of Support Act, the
18Illinois Parentage Act of 1984, and the Illinois Parentage Act
19of 2012, and the Paternity Act for support of a child or
20maintenance of a spouse.
21(Source: P.A. 91-613, eff. 10-1-99.)
 
22    Section 965. The Illinois Wage Assignment Act is amended by
23changing Section 11 as follows:
 

 

 

HB6191- 195 -LRB097 13524 JLS 69734 b

1    (740 ILCS 170/11)  (from Ch. 48, par. 39.12)
2    Sec. 11. The provisions of this Act do not apply to orders
3for withholding of income entered by the court under provisions
4of The Illinois Public Aid Code, the Illinois Marriage and
5Dissolution of Marriage Act, the Non-Support of Spouse and
6Children Act, the Non-Support Punishment Act, the Revised
7Uniform Reciprocal Enforcement of Support Act, the Illinois
8Parentage Act of 1984, and the Illinois Parentage Act of 2012
9and the Paternity Act for support of a child or maintenance of
10a spouse.
11(Source: P.A. 91-613, eff. 10-1-99.)
 
12    Section 966. The Illinois Marriage and Dissolution of
13Marriage Act is amended by changing Section 713 as follows:
 
14    (750 ILCS 5/713)  (from Ch. 40, par. 713)
15    Sec. 713. Attachment of the Body. As used in this Section,
16"obligor" has the same meaning ascribed to such term in the
17Income Withholding for Support Act.
18    (a) In any proceeding to enforce an order for support,
19where the obligor has failed to appear in court pursuant to
20order of court and after due notice thereof, the court may
21enter an order for the attachment of the body of the obligor.
22Notices under this Section shall be served upon the obligor by
23any means authorized under subsection (a-5) of Section 505. The
24attachment order shall fix an amount of escrow which is equal

 

 

HB6191- 196 -LRB097 13524 JLS 69734 b

1to a minimum of 20% of the total child support arrearage
2alleged by the obligee in sworn testimony to be due and owing.
3The attachment order shall direct the Sheriff of any county in
4Illinois to take the obligor into custody and shall set the
5number of days following release from custody for a hearing to
6be held at which the obligor must appear, if he is released
7under subsection (b) of this Section.
8    (b) If the obligor is taken into custody, the Sheriff shall
9take the obligor before the court which entered the attachment
10order. However, the Sheriff may release the person after he or
11she has deposited the amount of escrow ordered by the court
12pursuant to local procedures for the posting of bond. The
13Sheriff shall advise the obligor of the hearing date at which
14the obligor is required to appear.
15    (c) Any escrow deposited pursuant to this Section shall be
16transmitted to the Clerk of the Circuit Court for the county in
17which the order for attachment of the body of the obligor was
18entered. Any Clerk who receives money deposited into escrow
19pursuant to this Section shall notify the obligee, public
20office or legal counsel whose name appears on the attachment
21order of the court date at which the obligor is required to
22appear and the amount deposited into escrow. The Clerk shall
23disburse such money to the obligee only under an order from the
24court that entered the attachment order pursuant to this
25Section.
26    (d) Whenever an obligor is taken before the court by the

 

 

HB6191- 197 -LRB097 13524 JLS 69734 b

1Sheriff, or appears in court after the court has ordered the
2attachment of his body, the court shall:
3        (1) hold a hearing on the complaint or petition that
4    gave rise to the attachment order. For purposes of
5    determining arrearages that are due and owing by the
6    obligor, the court shall accept the previous sworn
7    testimony of the obligee as true and the appearance of the
8    obligee shall not be required. The court shall require
9    sworn testimony of the obligor as to his or her Social
10    Security number, income, employment, bank accounts,
11    property and any other assets. If there is a dispute as to
12    the total amount of arrearages, the court shall proceed as
13    in any other case as to the undisputed amounts; and
14        (2) order the Clerk of the Circuit Court to disburse to
15    the obligee or public office money held in escrow pursuant
16    to this Section if the court finds that the amount of
17    arrearages exceeds the amount of the escrow. Amounts
18    received by the obligee or public office shall be deducted
19    from the amount of the arrearages.
20    (e) If the obligor fails to appear in court after being
21notified of the court date by the Sheriff upon release from
22custody, the court shall order any monies deposited into escrow
23to be immediately released to the obligee or public office and
24shall proceed under subsection (a) of this Section by entering
25another order for the attachment of the body of the obligor.
26    (f) This Section shall apply to any order for support

 

 

HB6191- 198 -LRB097 13524 JLS 69734 b

1issued under the "Illinois Marriage and Dissolution of Marriage
2Act", approved September 22, 1977, as amended; the Illinois
3Parentage Act of 2012; the "Illinois Parentage Act of 1984",
4effective July 1, 1985, as amended; the "Revised Uniform
5Reciprocal Enforcement of Support Act", approved August 28,
61969, as amended; "The Illinois Public Aid Code", approved
7April 11, 1967, as amended; the Non-Support Punishment Act; and
8the "Non-support of Spouse and Children Act", approved June 8,
91953, as amended.
10    (g) Any escrow established pursuant to this Section for the
11purpose of providing support shall not be subject to fees
12collected by the Clerk of the Circuit Court for any other
13escrow.
14(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
1592-16, eff. 6-28-01.)
 
16    Section 967. The Non-Support Punishment Act is amended by
17changing Section 50 as follows:
 
18    (750 ILCS 16/50)
19    Sec. 50. Community service; work alternative program.
20    (a) In addition to any other penalties imposed against an
21offender under this Act, the court may order the offender to
22perform community service for not less than 30 and not more
23than 120 hours per month, if community service is available in
24the jurisdiction and is funded and approved by the county board

 

 

HB6191- 199 -LRB097 13524 JLS 69734 b

1of the county where the offense was committed. In addition,
2whenever any person is placed on supervision for committing an
3offense under this Act, the supervision shall be conditioned on
4the performance of the community service.
5    (b) In addition to any other penalties imposed against an
6offender under this Act, the court may sentence the offender to
7service in a work alternative program administered by the
8sheriff. The conditions of the program are that the offender
9obtain or retain employment and participate in a work
10alternative program administered by the sheriff during
11non-working hours. A person may not be required to participate
12in a work alternative program under this subsection if the
13person is currently participating in a work program pursuant to
14another provision of this Act, Section 10-11.1 of the Illinois
15Public Aid Code, Section 505.1 of the Illinois Marriage and
16Dissolution of Marriage Act, or Section 806 15.1 of the
17Illinois Parentage Act of 2012 1984.
18    (c) In addition to any other penalties imposed against an
19offender under this Act, the court may order, in cases where
20the offender has been in violation of this Act for 90 days or
21more, that the offender's Illinois driving privileges be
22suspended until the court determines that the offender is in
23compliance with this Act.
24    The court may determine that the offender is in compliance
25with this Act if the offender has agreed (i) to pay all
26required amounts of support and maintenance as determined by

 

 

HB6191- 200 -LRB097 13524 JLS 69734 b

1the court or (ii) to the garnishment of his or her income for
2the purpose of paying those amounts.
3    The court may also order that the offender be issued a
4family financial responsibility driving permit that would
5allow limited driving privileges for employment and medical
6purposes in accordance with Section 7-702.1 of the Illinois
7Vehicle Code. The clerk of the circuit court shall certify the
8order suspending the driving privileges of the offender or
9granting the issuance of a family financial responsibility
10driving permit to the Secretary of State on forms prescribed by
11the Secretary. Upon receipt of the authenticated documents, the
12Secretary of State shall suspend the offender's driving
13privileges until further order of the court and shall, if
14ordered by the court, subject to the provisions of Section
157-702.1 of the Illinois Vehicle Code, issue a family financial
16responsibility driving permit to the offender.
17    (d) If the court determines that the offender has been in
18violation of this Act for more than 60 days, the court may
19determine whether the offender has applied for or been issued a
20professional license by the Department of Professional
21Regulation or another licensing agency. If the court determines
22that the offender has applied for or been issued such a
23license, the court may certify to the Department of
24Professional Regulation or other licensing agency that the
25offender has been in violation of this Act for more than 60
26days so that the Department or other agency may take

 

 

HB6191- 201 -LRB097 13524 JLS 69734 b

1appropriate steps with respect to the license or application as
2provided in Section 10-65 of the Illinois Administrative
3Procedure Act and Section 2105-15 of the Department of
4Professional Regulation Law of the Civil Administrative Code of
5Illinois. The court may take the actions required under this
6subsection in addition to imposing any other penalty authorized
7under this Act.
8(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
 
9    Section 968. The Uniform Interstate Family Support Act is
10amended by changing Section 102 as follows:
 
11    (750 ILCS 22/102)  (was 750 ILCS 22/101)
12    Sec. 102. Definitions. In this Act:
13    "Child" means an individual, whether over or under the age
14of 18, who is or is alleged to be owed a duty of support by the
15individual's parent or who is or is alleged to be the
16beneficiary of a support order directed to the parent.
17    "Child-support order" means a support order for a child,
18including a child who has attained the age of 18.
19    "Duty of support" means an obligation imposed or imposable
20by law to provide support for a child, spouse, or former spouse
21including an unsatisfied obligation to provide support.
22    "Home state" means the state in which a child lived with a
23parent or a person acting as parent for at least 6 consecutive
24months immediately preceding the time of filing of a petition

 

 

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1or comparable pleading for support, and if a child is less than
26 months old, the state in which the child lived from birth
3with any of them. A period of temporary absence of any of them
4is counted as part of the 6-month or other period.
5    "Income" includes earnings or other periodic entitlements
6to money from any source and any other property subject to
7withholding for support under the law of this State.
8    "Income-withholding order" means an order or other legal
9process directed to an obligor's employer or other debtor, as
10defined by the Illinois Marriage and Dissolution of Marriage
11Act, the Non-Support of Spouse and Children Act, the
12Non-Support Punishment Act the Illinois Public Aid Code, and
13the Illinois Parentage Act of 2012 1984, to withhold support
14from the income of the obligor.
15    "Initiating state" means a state from which a proceeding is
16forwarded or in which a proceeding is filed for forwarding to a
17responding state under this Act or a law or procedure
18substantially similar to this Act.
19    "Initiating tribunal" means the authorized tribunal in an
20initiating state.
21    "Issuing state" means the state in which a tribunal issues
22a support order or renders a judgment determining parentage.
23    "Issuing tribunal" means the tribunal that issues a support
24order or renders a judgment determining parentage.
25    "Obligee" means:
26        (A) an individual to whom a duty of support is or is

 

 

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1    alleged to be owed or in whose favor a support order has
2    been issued or a judgment determining parentage has been
3    rendered;
4        (B) a state or political subdivision to which the
5    rights under a duty of support or support order have been
6    assigned or which has independent claims based on financial
7    assistance provided to an individual obligee; or
8        (C) an individual seeking a judgment determining
9    parentage of the individual's child.
10    "Obligor" means an individual, or the estate of a decedent:
11            (i) who owes or is alleged to owe a duty of
12        support;
13            (ii) who is alleged but has not been adjudicated to
14        be a parent of a child; or
15            (iii) who is liable under a support order.
16    "Person means an individual, corporation, business trust,
17estate, trust, partnership, limited liability company,
18association, joint venture, government, governmental
19subdivision, agency, instrumentality, public corporation, or
20any other legal or commercial entity.
21    "Record" means information that is inscribed on a tangible
22medium or that is stored in an electronic or other medium and
23is retrievable in perceivable form.
24    "Register" means to record a support order or judgment
25determining parentage in the appropriate Registry of Foreign
26Support Orders.

 

 

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1    "Registering tribunal" means a tribunal in which a support
2order is registered.
3    "Responding state" means a state in which a proceeding is
4filed or to which a proceeding is forwarded for filing from an
5initiating state under this Act or a law or procedure
6substantially similar to this Act.
7    "Responding tribunal" means the authorized tribunal in a
8responding state.
9    "Spousal-support order" means a support order for a spouse
10or former spouse of the obligor.
11    "State" means a state of the United States, the District of
12Columbia, Puerto Rico, the United States Virgin Islands, or any
13territory or insular possession subject to the jurisdiction of
14the United States. The term includes:
15        (A) an Indian tribe; and
16        (B) a foreign country or political subdivision that:
17            (i) has been declared to be a foreign reciprocating
18        country or political subdivision under federal law;
19            (ii) has established a reciprocal arrangement for
20        child support with this State as provided in Section
21        308; or
22            (iii) has enacted a law or established procedures
23        for issuance and enforcement of support orders which
24        are substantially similar to the procedures under this
25        Act.
26    "Support enforcement agency" means a public official or

 

 

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1agency authorized to seek:
2        (A) enforcement of support orders or laws relating to
3    the duty of support;
4        (B) establishment or modification of child support;
5        (C) determination of parentage;
6        (D) to locate obligors or their assets; or
7        (E) determination of the controlling child support
8    order.
9    "Support order" means a judgment, decree, order, or
10directive, whether temporary, final, or subject to
11modification, issued by a tribunal for the benefit of a child,
12a spouse, or a former spouse, which provides for monetary
13support, health care, arrearages, or reimbursement, and may
14include related costs and fees, interest, income withholding,
15attorney's fees, and other relief.
16    "Tribunal" means a court, administrative agency, or
17quasi-judicial entity authorized to establish, enforce, or
18modify support orders or to determine parentage.
19(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04.)
 
20    Section 969. The Expedited Child Support Act of 1990 is
21amended by changing Section 6 as follows:
 
22    (750 ILCS 25/6)  (from Ch. 40, par. 2706)
23    Sec. 6. Authority of hearing officers.
24    (a) With the exception of judicial functions exclusively

 

 

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1retained by the court in Section 8 of this Act and in
2accordance with Supreme Court rules promulgated pursuant to
3this Act, Administrative Hearing Officers shall be authorized
4to:
5        (1) Accept voluntary agreements reached by the parties
6    setting the amount of child support to be paid and medical
7    support liability and recommend the entry of orders
8    incorporating such agreements.
9        (2) Accept voluntary acknowledgments of parentage and
10    recommend entry of an order establishing parentage based on
11    such acknowledgement. Prior to accepting such
12    acknowledgment, the Administrative Hearing Officer shall
13    advise the putative father of his rights and obligations in
14    accordance with Supreme Court rules promulgated pursuant
15    to this Act.
16        (3) Manage all stages of discovery, including setting
17    deadlines by which discovery must be completed; and
18    directing the parties to submit to appropriate tests
19    pursuant to Section 11 of the Illinois Parentage Act of
20    2012 1984.
21        (4) Cause notices to be issued requiring the Obligor to
22    appear either before the Administrative Hearing Officer or
23    in court.
24        (5) Administer the oath or affirmation and take
25    testimony under oath or affirmation.
26        (6) Analyze the evidence and prepare written

 

 

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1    recommendations based on such evidence, including but not
2    limited to: (i) proposed findings as to the amount of the
3    Obligor's income; (ii) proposed findings as to the amount
4    and nature of appropriate deductions from the Obligor's
5    income to determine the Obligor's net income; (iii)
6    proposed findings as to the existence of relevant factors
7    as set forth in subsection (a)(2) of Section 505 of the
8    Illinois Marriage and Dissolution of Marriage Act, which
9    justify setting child support payment levels above or below
10    the guidelines; (iv) recommended orders for temporary
11    child support; (v) recommended orders setting the amount of
12    current child support to be paid; (vi) proposed findings as
13    to the existence and amount of any arrearages; (vii)
14    recommended orders reducing any arrearages to judgement
15    and for the payment of amounts towards such arrearages;
16    (viii) proposed findings as to whether there has been a
17    substantial change of circumstances since the entry of the
18    last child support order, or other circumstances
19    justifying a modification of the child support order; and
20    (ix) proposed findings as to whether the Obligor is
21    employed.
22        (7) With respect to any unemployed Obligor who is not
23    making child support payments or is otherwise unable to
24    provide support, recommend that the Obligor be ordered to
25    seek employment and report periodically of his or her
26    efforts in accordance with such order. Additionally, the

 

 

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1    Administrative Hearing Officer may recommend that the
2    Obligor be ordered to report to the Department of
3    Employment Security for job search services or to make
4    application with the local Job Training Partnership Act
5    provider for participation in job search, training or work
6    programs and, where the duty of support is owed to a child
7    receiving child support enforcement services under Article
8    X of the Illinois Public Aid Code, the Administrative
9    Hearing Officer may recommend that the Obligor be ordered
10    to report to the Department of Healthcare and Family
11    Services for participation in the job search, training or
12    work programs established under Section 9-6 of the Illinois
13    Public Aid Code.
14        (8) Recommend the registration of any foreign support
15    judgments or orders as the judgments or orders of Illinois.
16    (b) In any case in which the Obligee is not participating
17in the IV-D program or has not applied to participate in the
18IV-D program, the Administrative Hearing Officer shall:
19        (1) inform the Obligee of the existence of the IV-D
20    program and provide applications on request; and
21        (2) inform the Obligee and the Obligor of the option of
22    requesting payment to be made through the Clerk of the
23    Circuit Court.
24    If a request for payment through the Clerk is made, the
25Administrative Hearing Officer shall note this fact in the
26recommendations to the court.

 

 

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1    (c) The Administrative Hearing Officer may make
2recommendations in addition to the proposed findings of fact
3and recommended order to which the parties have agreed.
4(Source: P.A. 95-331, eff. 8-21-07.)
 
5    Section 970. The Income Withholding for Support Act is
6amended by changing Section 15 as follows:
 
7    (750 ILCS 28/15)
8    Sec. 15. Definitions.
9    (a) "Order for support" means any order of the court which
10provides for periodic payment of funds for the support of a
11child or maintenance of a spouse, whether temporary or final,
12and includes any such order which provides for:
13        (1) modification or resumption of, or payment of
14    arrearage, including interest, accrued under, a previously
15    existing order;
16        (2) reimbursement of support;
17        (3) payment or reimbursement of the expenses of
18    pregnancy and delivery (for orders for support entered
19    under the Illinois Parentage Act of 1984 or its predecessor
20    the Paternity Act or under the Illinois Parentage Act of
21    2012); or
22        (4) enrollment in a health insurance plan that is
23    available to the obligor through an employer or labor union
24    or trade union.

 

 

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1    (b) "Arrearage" means the total amount of unpaid support
2obligations, including interest, as determined by the court and
3incorporated into an order for support.
4    (b-5) "Business day" means a day on which State offices are
5open for regular business.
6    (c) "Delinquency" means any payment, including a payment of
7interest, under an order for support which becomes due and
8remains unpaid after entry of the order for support.
9    (d) "Income" means any form of periodic payment to an
10individual, regardless of source, including, but not limited
11to: wages, salary, commission, compensation as an independent
12contractor, workers' compensation, disability, annuity,
13pension, and retirement benefits, lottery prize awards,
14insurance proceeds, vacation pay, bonuses, profit-sharing
15payments, severance pay, interest, and any other payments, made
16by any person, private entity, federal or state government, any
17unit of local government, school district or any entity created
18by Public Act; however, "income" excludes:
19        (1) any amounts required by law to be withheld, other
20    than creditor claims, including, but not limited to,
21    federal, State and local taxes, Social Security and other
22    retirement and disability contributions;
23        (2) union dues;
24        (3) any amounts exempted by the federal Consumer Credit
25    Protection Act;
26        (4) public assistance payments; and

 

 

HB6191- 211 -LRB097 13524 JLS 69734 b

1        (5) unemployment insurance benefits except as provided
2    by law.
3    Any other State or local laws which limit or exempt income
4or the amount or percentage of income that can be withheld
5shall not apply.
6    (e) "Obligor" means the individual who owes a duty to make
7payments under an order for support.
8    (f) "Obligee" means the individual to whom a duty of
9support is owed or the individual's legal representative.
10    (g) "Payor" means any payor of income to an obligor.
11    (h) "Public office" means any elected official or any State
12or local agency which is or may become responsible by law for
13enforcement of, or which is or may become authorized to
14enforce, an order for support, including, but not limited to:
15the Attorney General, the Illinois Department of Healthcare and
16Family Services, the Illinois Department of Human Services, the
17Illinois Department of Children and Family Services, and the
18various State's Attorneys, Clerks of the Circuit Court and
19supervisors of general assistance.
20    (i) "Premium" means the dollar amount for which the obligor
21is liable to his employer or labor union or trade union and
22which must be paid to enroll or maintain a child in a health
23insurance plan that is available to the obligor through an
24employer or labor union or trade union.
25    (j) "State Disbursement Unit" means the unit established to
26collect and disburse support payments in accordance with the

 

 

HB6191- 212 -LRB097 13524 JLS 69734 b

1provisions of Section 10-26 of the Illinois Public Aid Code.
2    (k) "Title IV-D Agency" means the agency of this State
3charged by law with the duty to administer the child support
4enforcement program established under Title IV, Part D of the
5Social Security Act and Article X of the Illinois Public Aid
6Code.
7    (l) "Title IV-D case" means a case in which an obligee or
8obligor is receiving child support enforcement services under
9Title IV, Part D of the Social Security Act and Article X of
10the Illinois Public Aid Code.
11    (m) "National Medical Support Notice" means the notice
12required for enforcement of orders for support providing for
13health insurance coverage of a child under Title IV, Part D of
14the Social Security Act, the Employee Retirement Income
15Security Act of 1974, and federal regulations promulgated under
16those Acts.
17    (n) "Employer" means a payor or labor union or trade union
18with an employee group health insurance plan and, for purposes
19of the National Medical Support Notice, also includes but is
20not limited to:
21        (1) any State or local governmental agency with a group
22    health plan; and
23        (2) any payor with a group health plan or "church plan"
24    covered under the Employee Retirement Income Security Act
25    of 1974.
26(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685,

 

 

HB6191- 213 -LRB097 13524 JLS 69734 b

1eff. 10-23-07.)
 
2    Section 971. The Gestational Surrogacy Act is amended by
3changing Section 35 as follows:
 
4    (750 ILCS 47/35)
5    Sec. 35. Establishment of the parent-child relationship.
6    (a) For purposes of the Illinois Parentage Act of 2012
71984, a parent-child relationship shall be established prior to
8the birth of a child born through gestational surrogacy if, in
9addition to satisfying the requirements of Articles 2 and 3
10Sections 5 and 6 of the Illinois Parentage Act of 2012 1984,
11the attorneys representing both the gestational surrogate and
12the intended parent or parents certify that the parties entered
13into a gestational surrogacy contract intended to satisfy the
14requirements of Section 25 of this Act with respect to the
15child.
16    (b) The attorneys' certifications required by subsection
17(a) of this Section shall be filed on forms prescribed by the
18Illinois Department of Public Health and in a manner consistent
19with the requirement of the Illinois Parentage Act of 2012
201984.
21(Source: P.A. 93-921, eff. 1-1-05.)
 
22    Section 972. The Adoption Act is amended by changing
23Sections 1, 8, 12a, and 18.06 as follows:
 

 

 

HB6191- 214 -LRB097 13524 JLS 69734 b

1    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
2    Sec. 1. Definitions. When used in this Act, unless the
3context otherwise requires:
4    A. "Child" means a person under legal age subject to
5adoption under this Act.
6    B. "Related child" means a child subject to adoption where
7either or both of the adopting parents stands in any of the
8following relationships to the child by blood or marriage:
9parent, grand-parent, brother, sister, step-parent,
10step-grandparent, step-brother, step-sister, uncle, aunt,
11great-uncle, great-aunt, or cousin of first degree. A child
12whose parent has executed a final irrevocable consent to
13adoption or a final irrevocable surrender for purposes of
14adoption, or whose parent has had his or her parental rights
15terminated, is not a related child to that person, unless the
16consent is determined to be void or is void pursuant to
17subsection O of Section 10.
18    C. "Agency" for the purpose of this Act means a public
19child welfare agency or a licensed child welfare agency.
20    D. "Unfit person" means any person whom the court shall
21find to be unfit to have a child, without regard to the
22likelihood that the child will be placed for adoption. The
23grounds of unfitness are any one or more of the following,
24except that a person shall not be considered an unfit person
25for the sole reason that the person has relinquished a child in

 

 

HB6191- 215 -LRB097 13524 JLS 69734 b

1accordance with the Abandoned Newborn Infant Protection Act:
2        (a) Abandonment of the child.
3        (a-1) Abandonment of a newborn infant in a hospital.
4        (a-2) Abandonment of a newborn infant in any setting
5    where the evidence suggests that the parent intended to
6    relinquish his or her parental rights.
7        (b) Failure to maintain a reasonable degree of
8    interest, concern or responsibility as to the child's
9    welfare.
10        (c) Desertion of the child for more than 3 months next
11    preceding the commencement of the Adoption proceeding.
12        (d) Substantial neglect of the child if continuous or
13    repeated.
14        (d-1) Substantial neglect, if continuous or repeated,
15    of any child residing in the household which resulted in
16    the death of that child.
17        (e) Extreme or repeated cruelty to the child.
18        (f) There is a rebuttable presumption, which can be
19    overcome only by clear and convincing evidence, that a
20    parent is unfit if:
21            (1) Two or more findings of physical abuse have
22        been entered regarding any children under Section 2-21
23        of the Juvenile Court Act of 1987, the most recent of
24        which was determined by the juvenile court hearing the
25        matter to be supported by clear and convincing
26        evidence; or

 

 

HB6191- 216 -LRB097 13524 JLS 69734 b

1            (2) The parent has been convicted or found not
2        guilty by reason of insanity and the conviction or
3        finding resulted from the death of any child by
4        physical abuse; or
5            (3) There is a finding of physical child abuse
6        resulting from the death of any child under Section
7        2-21 of the Juvenile Court Act of 1987.
8            No conviction or finding of delinquency pursuant
9        to Article 5 of the Juvenile Court Act of 1987 shall be
10        considered a criminal conviction for the purpose of
11        applying any presumption under this item (f).
12        (g) Failure to protect the child from conditions within
13    his environment injurious to the child's welfare.
14        (h) Other neglect of, or misconduct toward the child;
15    provided that in making a finding of unfitness the court
16    hearing the adoption proceeding shall not be bound by any
17    previous finding, order or judgment affecting or
18    determining the rights of the parents toward the child
19    sought to be adopted in any other proceeding except such
20    proceedings terminating parental rights as shall be had
21    under either this Act, the Juvenile Court Act or the
22    Juvenile Court Act of 1987.
23        (i) Depravity. Conviction of any one of the following
24    crimes shall create a presumption that a parent is depraved
25    which can be overcome only by clear and convincing
26    evidence: (1) first degree murder in violation of paragraph

 

 

HB6191- 217 -LRB097 13524 JLS 69734 b

1    1 or 2 of subsection (a) of Section 9-1 of the Criminal
2    Code of 1961 or conviction of second degree murder in
3    violation of subsection (a) of Section 9-2 of the Criminal
4    Code of 1961 of a parent of the child to be adopted; (2)
5    first degree murder or second degree murder of any child in
6    violation of the Criminal Code of 1961; (3) attempt or
7    conspiracy to commit first degree murder or second degree
8    murder of any child in violation of the Criminal Code of
9    1961; (4) solicitation to commit murder of any child,
10    solicitation to commit murder of any child for hire, or
11    solicitation to commit second degree murder of any child in
12    violation of the Criminal Code of 1961; (5) predatory
13    criminal sexual assault of a child in violation of Section
14    11-1.40 or 12-14.1 of the Criminal Code of 1961; (6)
15    heinous battery of any child in violation of the Criminal
16    Code of 1961; or (7) aggravated battery of any child in
17    violation of the Criminal Code of 1961.
18        There is a rebuttable presumption that a parent is
19    depraved if the parent has been criminally convicted of at
20    least 3 felonies under the laws of this State or any other
21    state, or under federal law, or the criminal laws of any
22    United States territory; and at least one of these
23    convictions took place within 5 years of the filing of the
24    petition or motion seeking termination of parental rights.
25        There is a rebuttable presumption that a parent is
26    depraved if that parent has been criminally convicted of

 

 

HB6191- 218 -LRB097 13524 JLS 69734 b

1    either first or second degree murder of any person as
2    defined in the Criminal Code of 1961 within 10 years of the
3    filing date of the petition or motion to terminate parental
4    rights.
5        No conviction or finding of delinquency pursuant to
6    Article 5 of the Juvenile Court Act of 1987 shall be
7    considered a criminal conviction for the purpose of
8    applying any presumption under this item (i).
9        (j) Open and notorious adultery or fornication.
10        (j-1) (Blank).
11        (k) Habitual drunkenness or addiction to drugs, other
12    than those prescribed by a physician, for at least one year
13    immediately prior to the commencement of the unfitness
14    proceeding.
15        There is a rebuttable presumption that a parent is
16    unfit under this subsection with respect to any child to
17    which that parent gives birth where there is a confirmed
18    test result that at birth the child's blood, urine, or
19    meconium contained any amount of a controlled substance as
20    defined in subsection (f) of Section 102 of the Illinois
21    Controlled Substances Act or metabolites of such
22    substances, the presence of which in the newborn infant was
23    not the result of medical treatment administered to the
24    mother or the newborn infant; and the biological mother of
25    this child is the biological mother of at least one other
26    child who was adjudicated a neglected minor under

 

 

HB6191- 219 -LRB097 13524 JLS 69734 b

1    subsection (c) of Section 2-3 of the Juvenile Court Act of
2    1987.
3        (l) Failure to demonstrate a reasonable degree of
4    interest, concern or responsibility as to the welfare of a
5    new born child during the first 30 days after its birth.
6        (m) Failure by a parent (i) to make reasonable efforts
7    to correct the conditions that were the basis for the
8    removal of the child from the parent, or (ii) to make
9    reasonable progress toward the return of the child to the
10    parent within 9 months after an adjudication of neglected
11    or abused minor under Section 2-3 of the Juvenile Court Act
12    of 1987 or dependent minor under Section 2-4 of that Act,
13    or (iii) to make reasonable progress toward the return of
14    the child to the parent during any 9-month period after the
15    end of the initial 9-month period following the
16    adjudication of neglected or abused minor under Section 2-3
17    of the Juvenile Court Act of 1987 or dependent minor under
18    Section 2-4 of that Act. If a service plan has been
19    established as required under Section 8.2 of the Abused and
20    Neglected Child Reporting Act to correct the conditions
21    that were the basis for the removal of the child from the
22    parent and if those services were available, then, for
23    purposes of this Act, "failure to make reasonable progress
24    toward the return of the child to the parent" includes (I)
25    the parent's failure to substantially fulfill his or her
26    obligations under the service plan and correct the

 

 

HB6191- 220 -LRB097 13524 JLS 69734 b

1    conditions that brought the child into care within 9 months
2    after the adjudication under Section 2-3 or 2-4 of the
3    Juvenile Court Act of 1987 and (II) the parent's failure to
4    substantially fulfill his or her obligations under the
5    service plan and correct the conditions that brought the
6    child into care during any 9-month period after the end of
7    the initial 9-month period following the adjudication
8    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
9    Notwithstanding any other provision, when a petition or
10    motion seeks to terminate parental rights on the basis of
11    item (iii) of this subsection (m), the petitioner shall
12    file with the court and serve on the parties a pleading
13    that specifies the 9-month period or periods relied on. The
14    pleading shall be filed and served on the parties no later
15    than 3 weeks before the date set by the court for closure
16    of discovery, and the allegations in the pleading shall be
17    treated as incorporated into the petition or motion.
18    Failure of a respondent to file a written denial of the
19    allegations in the pleading shall not be treated as an
20    admission that the allegations are true.
21        (m-1) Pursuant to the Juvenile Court Act of 1987, a
22    child has been in foster care for 15 months out of any 22
23    month period which begins on or after the effective date of
24    this amendatory Act of 1998 unless the child's parent can
25    prove by a preponderance of the evidence that it is more
26    likely than not that it will be in the best interests of

 

 

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1    the child to be returned to the parent within 6 months of
2    the date on which a petition for termination of parental
3    rights is filed under the Juvenile Court Act of 1987. The
4    15 month time limit is tolled during any period for which
5    there is a court finding that the appointed custodian or
6    guardian failed to make reasonable efforts to reunify the
7    child with his or her family, provided that (i) the finding
8    of no reasonable efforts is made within 60 days of the
9    period when reasonable efforts were not made or (ii) the
10    parent filed a motion requesting a finding of no reasonable
11    efforts within 60 days of the period when reasonable
12    efforts were not made. For purposes of this subdivision
13    (m-1), the date of entering foster care is the earlier of:
14    (i) the date of a judicial finding at an adjudicatory
15    hearing that the child is an abused, neglected, or
16    dependent minor; or (ii) 60 days after the date on which
17    the child is removed from his or her parent, guardian, or
18    legal custodian.
19        (n) Evidence of intent to forgo his or her parental
20    rights, whether or not the child is a ward of the court,
21    (1) as manifested by his or her failure for a period of 12
22    months: (i) to visit the child, (ii) to communicate with
23    the child or agency, although able to do so and not
24    prevented from doing so by an agency or by court order, or
25    (iii) to maintain contact with or plan for the future of
26    the child, although physically able to do so, or (2) as

 

 

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1    manifested by the father's failure, where he and the mother
2    of the child were unmarried to each other at the time of
3    the child's birth, (i) to commence legal proceedings to
4    establish his paternity under the Illinois Parentage Act of
5    1984, the Illinois Parentage Act of 2012, or the law of the
6    jurisdiction of the child's birth within 30 days of being
7    informed, pursuant to Section 12a of this Act, that he is
8    the father or the likely father of the child or, after
9    being so informed where the child is not yet born, within
10    30 days of the child's birth, or (ii) to make a good faith
11    effort to pay a reasonable amount of the expenses related
12    to the birth of the child and to provide a reasonable
13    amount for the financial support of the child, the court to
14    consider in its determination all relevant circumstances,
15    including the financial condition of both parents;
16    provided that the ground for termination provided in this
17    subparagraph (n)(2)(ii) shall only be available where the
18    petition is brought by the mother or the husband of the
19    mother.
20        Contact or communication by a parent with his or her
21    child that does not demonstrate affection and concern does
22    not constitute reasonable contact and planning under
23    subdivision (n). In the absence of evidence to the
24    contrary, the ability to visit, communicate, maintain
25    contact, pay expenses and plan for the future shall be
26    presumed. The subjective intent of the parent, whether

 

 

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1    expressed or otherwise, unsupported by evidence of the
2    foregoing parental acts manifesting that intent, shall not
3    preclude a determination that the parent has intended to
4    forgo his or her parental rights. In making this
5    determination, the court may consider but shall not require
6    a showing of diligent efforts by an authorized agency to
7    encourage the parent to perform the acts specified in
8    subdivision (n).
9        It shall be an affirmative defense to any allegation
10    under paragraph (2) of this subsection that the father's
11    failure was due to circumstances beyond his control or to
12    impediments created by the mother or any other person
13    having legal custody. Proof of that fact need only be by a
14    preponderance of the evidence.
15        (o) Repeated or continuous failure by the parents,
16    although physically and financially able, to provide the
17    child with adequate food, clothing, or shelter.
18        (p) Inability to discharge parental responsibilities
19    supported by competent evidence from a psychiatrist,
20    licensed clinical social worker, or clinical psychologist
21    of mental impairment, mental illness or an intellectual
22    disability as defined in Section 1-116 of the Mental Health
23    and Developmental Disabilities Code, or developmental
24    disability as defined in Section 1-106 of that Code, and
25    there is sufficient justification to believe that the
26    inability to discharge parental responsibilities shall

 

 

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1    extend beyond a reasonable time period. However, this
2    subdivision (p) shall not be construed so as to permit a
3    licensed clinical social worker to conduct any medical
4    diagnosis to determine mental illness or mental
5    impairment.
6        (q) (Blank).
7        (r) The child is in the temporary custody or
8    guardianship of the Department of Children and Family
9    Services, the parent is incarcerated as a result of
10    criminal conviction at the time the petition or motion for
11    termination of parental rights is filed, prior to
12    incarceration the parent had little or no contact with the
13    child or provided little or no support for the child, and
14    the parent's incarceration will prevent the parent from
15    discharging his or her parental responsibilities for the
16    child for a period in excess of 2 years after the filing of
17    the petition or motion for termination of parental rights.
18        (s) The child is in the temporary custody or
19    guardianship of the Department of Children and Family
20    Services, the parent is incarcerated at the time the
21    petition or motion for termination of parental rights is
22    filed, the parent has been repeatedly incarcerated as a
23    result of criminal convictions, and the parent's repeated
24    incarceration has prevented the parent from discharging
25    his or her parental responsibilities for the child.
26        (t) A finding that at birth the child's blood, urine,

 

 

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1    or meconium contained any amount of a controlled substance
2    as defined in subsection (f) of Section 102 of the Illinois
3    Controlled Substances Act, or a metabolite of a controlled
4    substance, with the exception of controlled substances or
5    metabolites of such substances, the presence of which in
6    the newborn infant was the result of medical treatment
7    administered to the mother or the newborn infant, and that
8    the biological mother of this child is the biological
9    mother of at least one other child who was adjudicated a
10    neglected minor under subsection (c) of Section 2-3 of the
11    Juvenile Court Act of 1987, after which the biological
12    mother had the opportunity to enroll in and participate in
13    a clinically appropriate substance abuse counseling,
14    treatment, and rehabilitation program.
15    E. "Parent" means the father or mother of a lawful child of
16the parties or child born out of wedlock. For the purpose of
17this Act, a person who has executed a final and irrevocable
18consent to adoption or a final and irrevocable surrender for
19purposes of adoption, or whose parental rights have been
20terminated by a court, is not a parent of the child who was the
21subject of the consent or surrender, unless the consent is void
22pursuant to subsection O of Section 10.
23    F. A person is available for adoption when the person is:
24        (a) a child who has been surrendered for adoption to an
25    agency and to whose adoption the agency has thereafter
26    consented;

 

 

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

 

 

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1through United States based international agencies.
2    J. "Immediate relatives" means the biological parents, the
3parents of the biological parents and siblings of the
4biological parents.
5    K. "Intercountry adoption" is a process by which a child
6from a country other than the United States is adopted.
7    L. "Intercountry Adoption Coordinator" is a staff person of
8the Department of Children and Family Services appointed by the
9Director to coordinate the provision of services by the public
10and private sector to prospective parents of foreign-born
11children.
12    M. "Interstate Compact on the Placement of Children" is a
13law enacted by most states for the purpose of establishing
14uniform procedures for handling the interstate placement of
15children in foster homes, adoptive homes, or other child care
16facilities.
17    N. "Non-Compact state" means a state that has not enacted
18the Interstate Compact on the Placement of Children.
19    O. "Preadoption requirements" are any conditions
20established by the laws or regulations of the Federal
21Government or of each state that must be met prior to the
22placement of a child in an adoptive home.
23    P. "Abused child" means a child whose parent or immediate
24family member, or any person responsible for the child's
25welfare, or any individual residing in the same home as the
26child, or a paramour of the child's parent:

 

 

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1        (a) inflicts, causes to be inflicted, or allows to be
2    inflicted upon the child physical injury, by other than
3    accidental means, that causes death, disfigurement,
4    impairment of physical or emotional health, or loss or
5    impairment of any bodily function;
6        (b) creates a substantial risk of physical injury to
7    the child by other than accidental means which would be
8    likely to cause death, disfigurement, impairment of
9    physical or emotional health, or loss or impairment of any
10    bodily function;
11        (c) commits or allows to be committed any sex offense
12    against the child, as sex offenses are defined in the
13    Criminal Code of 1961 and extending those definitions of
14    sex offenses to include children under 18 years of age;
15        (d) commits or allows to be committed an act or acts of
16    torture upon the child; or
17        (e) inflicts excessive corporal punishment.
18    Q. "Neglected child" means any child whose parent or other
19person responsible for the child's welfare withholds or denies
20nourishment or medically indicated treatment including food or
21care denied solely on the basis of the present or anticipated
22mental or physical impairment as determined by a physician
23acting alone or in consultation with other physicians or
24otherwise does not provide the proper or necessary support,
25education as required by law, or medical or other remedial care
26recognized under State law as necessary for a child's

 

 

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1well-being, or other care necessary for his or her well-being,
2including adequate food, clothing and shelter; or who is
3abandoned by his or her parents or other person responsible for
4the child's welfare.
5    A child shall not be considered neglected or abused for the
6sole reason that the child's parent or other person responsible
7for his or her welfare depends upon spiritual means through
8prayer alone for the treatment or cure of disease or remedial
9care as provided under Section 4 of the Abused and Neglected
10Child Reporting Act. A child shall not be considered neglected
11or abused for the sole reason that the child's parent or other
12person responsible for the child's welfare failed to vaccinate,
13delayed vaccination, or refused vaccination for the child due
14to a waiver on religious or medical grounds as permitted by
15law.
16    R. "Putative father" means a man who may be a child's
17father, but who (1) is not married to the child's mother on or
18before the date that the child was or is to be born and (2) has
19not established paternity of the child in a court proceeding
20before the filing of a petition for the adoption of the child.
21The term includes a male who is less than 18 years of age.
22"Putative father" does not mean a man who is the child's father
23as a result of criminal sexual abuse or assault as defined
24under Article 12 of the Criminal Code of 1961.
25    S. "Standby adoption" means an adoption in which a parent
26consents to custody and termination of parental rights to

 

 

HB6191- 230 -LRB097 13524 JLS 69734 b

1become effective upon the occurrence of a future event, which
2is either the death of the parent or the request of the parent
3for the entry of a final judgment of adoption.
4    T. (Blank).
5(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
6revised 9-15-11.)
 
7    (750 ILCS 50/8)  (from Ch. 40, par. 1510)
8    Sec. 8. Consents to adoption and surrenders for purposes of
9adoption.
10    (a) Except as hereinafter provided in this Section consents
11or surrenders shall be required in all cases, unless the person
12whose consent or surrender would otherwise be required shall be
13found by the court:
14        (1) to be an unfit person as defined in Section 1 of
15    this Act, by clear and convincing evidence; or
16        (2) not to be the biological or adoptive father of the
17    child; or
18        (3) to have waived his parental rights to the child
19    under Section 12a or 12.1 or subsection S of Section 10 of
20    this Act; or
21        (4) to be the parent of an adult sought to be adopted;
22    or
23        (5) to be the father of the child as a result of
24    criminal sexual abuse or assault as defined under Article
25    12 of the Criminal Code of 1961; or

 

 

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1        (6) to be the father of a child who:
2            (i) is a family member of the mother of the child,
3        and the mother is under the age of 18 at the time of
4        the child's conception; for purposes of this
5        subsection, a "family member" is a parent,
6        step-parent, grandparent, step-grandparent, sibling,
7        or cousin of the first degree, whether by whole blood,
8        half-blood, or adoption, as well as a person age 18 or
9        over at the time of the child's conception who has
10        resided in the household with the mother continuously
11        for at least one year; or
12            (ii) is at least 5 years older than the child's
13        mother, and the mother was under the age of 17 at the
14        time of the child's conception, unless the mother and
15        father voluntarily acknowledge the father's paternity
16        of the child by marrying or by establishing the
17        father's paternity by consent of the parties pursuant
18        to the Illinois Parentage Act of 2012 1984 or pursuant
19        to a substantially similar statute in another state.
20        A criminal conviction of any offense pursuant to
21    Article 12 of the Criminal Code of 1961 is not required.
22    (b) Where consents are required in the case of an adoption
23of a minor child, the consents of the following persons shall
24be sufficient:
25        (1) (A) The mother of the minor child; and
26            (B) The father of the minor child, if the father:

 

 

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1                (i) was married to the mother on the date of
2            birth of the child or within 300 days before the
3            birth of the child, except for a husband or former
4            husband who has been found by a court of competent
5            jurisdiction not to be the biological father of the
6            child; or
7                (ii) is the father of the child under a
8            judgment for adoption, an order of parentage, or an
9            acknowledgment of parentage or paternity pursuant
10            to subsection (a) of Section 5 of the Illinois
11            Parentage Act of 1984 or pursuant to Article 3 of
12            the Illinois Parentage Act of 2012; or
13                (iii) in the case of a child placed with the
14            adopting parents less than 6 months after birth,
15            openly lived with the child, the child's
16            biological mother, or both, and held himself out to
17            be the child's biological father during the first
18            30 days following the birth of the child; or
19                (iv) in the case of a child placed with the
20            adopting parents less than 6 months after birth,
21            made a good faith effort to pay a reasonable amount
22            of the expenses related to the birth of the child
23            and to provide a reasonable amount for the
24            financial support of the child before the
25            expiration of 30 days following the birth of the
26            child, provided that the court may consider in its

 

 

HB6191- 233 -LRB097 13524 JLS 69734 b

1            determination all relevant circumstances,
2            including the financial condition of both
3            biological parents; or
4                (v) in the case of a child placed with the
5            adopting parents more than 6 months after birth,
6            has maintained substantial and continuous or
7            repeated contact with the child as manifested by:
8            (I) the payment by the father toward the support of
9            the child of a fair and reasonable sum, according
10            to the father's means, and either (II) the father's
11            visiting the child at least monthly when
12            physically and financially able to do so and not
13            prevented from doing so by the person or authorized
14            agency having lawful custody of the child, or (III)
15            the father's regular communication with the child
16            or with the person or agency having the care or
17            custody of the child, when physically and
18            financially unable to visit the child or prevented
19            from doing so by the person or authorized agency
20            having lawful custody of the child. The subjective
21            intent of the father, whether expressed or
22            otherwise unsupported by evidence of acts
23            specified in this sub-paragraph as manifesting
24            such intent, shall not preclude a determination
25            that the father failed to maintain substantial and
26            continuous or repeated contact with the child; or

 

 

HB6191- 234 -LRB097 13524 JLS 69734 b

1                (vi) in the case of a child placed with the
2            adopting parents more than six months after birth,
3            openly lived with the child for a period of six
4            months within the one year period immediately
5            preceding the placement of the child for adoption
6            and openly held himself out to be the father of the
7            child; or
8                (vii) has timely registered with Putative
9            Father Registry, as provided in Section 12.1 of
10            this Act, and prior to the expiration of 30 days
11            from the date of such registration, commenced
12            legal proceedings to establish paternity under the
13            Illinois Parentage Act of 1984, under the Illinois
14            Parentage Act of 2012, or under the law of the
15            jurisdiction of the child's birth; or
16        (2) The legal guardian of the person of the child, if
17    there is no surviving parent; or
18        (3) An agency, if the child has been surrendered for
19    adoption to such agency; or
20        (4) Any person or agency having legal custody of a
21    child by court order if the parental rights of the parents
22    have been judicially terminated, and the court having
23    jurisdiction of the guardianship of the child has
24    authorized the consent to the adoption; or
25        (5) The execution and verification of the petition by
26    any petitioner who is also a parent of the child sought to

 

 

HB6191- 235 -LRB097 13524 JLS 69734 b

1    be adopted shall be sufficient evidence of such parent's
2    consent to the adoption.
3    (c) Where surrenders to an agency are required in the case
4of a placement for adoption of a minor child by an agency, the
5surrenders of the following persons shall be sufficient:
6        (1) (A) The mother of the minor child; and
7            (B) The father of the minor child, if the father:
8                (i) was married to the mother on the date of
9            birth of the child or within 300 days before the
10            birth of the child, except for a husband or former
11            husband who has been found by a court of competent
12            jurisdiction not to be the biological father of the
13            child; or
14                (ii) is the father of the child under a
15            judgment for adoption, an order of parentage, or an
16            acknowledgment of parentage or paternity pursuant
17            to subsection (a) of Section 5 of the Illinois
18            Parentage Act of 1984 or pursuant to Article 3 of
19            the Illinois Parentage Act of 2012; or
20                (iii) in the case of a child placed with the
21            adopting parents less than 6 months after birth,
22            openly lived with the child, the child's
23            biological mother, or both, and held himself out to
24            be the child's biological father during the first
25            30 days following the birth of a child; or
26                (iv) in the case of a child placed with the

 

 

HB6191- 236 -LRB097 13524 JLS 69734 b

1            adopting parents less than 6 months after birth,
2            made a good faith effort to pay a reasonable amount
3            of the expenses related to the birth of the child
4            and to provide a reasonable amount for the
5            financial support of the child before the
6            expiration of 30 days following the birth of the
7            child, provided that the court may consider in its
8            determination all relevant circumstances,
9            including the financial condition of both
10            biological parents; or
11                (v) in the case of a child placed with the
12            adopting parents more than six months after birth,
13            has maintained substantial and continuous or
14            repeated contact with the child as manifested by:
15            (I) the payment by the father toward the support of
16            the child of a fair and reasonable sum, according
17            to the father's means, and either (II) the father's
18            visiting the child at least monthly when
19            physically and financially able to do so and not
20            prevented from doing so by the person or authorized
21            agency having lawful custody of the child or (III)
22            the father's regular communication with the child
23            or with the person or agency having the care or
24            custody of the child, when physically and
25            financially unable to visit the child or prevented
26            from doing so by the person or authorized agency

 

 

HB6191- 237 -LRB097 13524 JLS 69734 b

1            having lawful custody of the child. The subjective
2            intent of the father, whether expressed or
3            otherwise, unsupported by evidence of acts
4            specified in this sub-paragraph as manifesting
5            such intent, shall not preclude a determination
6            that the father failed to maintain substantial and
7            continuous or repeated contact with the child; or
8                (vi) in the case of a child placed with the
9            adopting parents more than six months after birth,
10            openly lived with the child for a period of six
11            months within the one year period immediately
12            preceding the placement of the child for adoption
13            and openly held himself out to be the father of the
14            child; or
15                (vii) has timely registered with the Putative
16            Father Registry, as provided in Section 12.1 of
17            this Act, and prior to the expiration of 30 days
18            from the date of such registration, commenced
19            legal proceedings to establish paternity under the
20            Illinois Parentage Act of 1984, under the Illinois
21            Parentage Act of 2012, or under the law of the
22            jurisdiction of the child's birth.
23    (d) In making a determination under subparagraphs (b)(1)
24and (c)(1), no showing shall be required of diligent efforts by
25a person or agency to encourage the father to perform the acts
26specified therein.

 

 

HB6191- 238 -LRB097 13524 JLS 69734 b

1    (e) In the case of the adoption of an adult, only the
2consent of such adult shall be required.
3(Source: P.A. 97-493, eff. 8-22-11.)
 
4    (750 ILCS 50/12a)  (from Ch. 40, par. 1515)
5    Sec. 12a. Notice to putative father.
6    1. Upon the written request to any Clerk of any Circuit
7Court, and upon the payment of a filing fee of $10.00, by any
8interested party, including persons intending to adopt a child,
9a child welfare agency with whom the mother has placed or has
10given written notice of her intention to place a child for
11adoption, the mother of a child, or any attorney representing
12an interested party, a notice, the declaration of paternity and
13the disclaimer of paternity may be served on a putative father
14in the same manner as Summons is served in other civil
15proceedings, or, in lieu of personal service, service may be
16made as follows:
17        (a) The person requesting notice shall pay to the Clerk
18    of the Court a mailing fee of $2 plus the cost of U. S.
19    postage for certified or registered mail and furnish to the
20    Clerk an original and one copy of a notice, the declaration
21    of paternity and the disclaimer of paternity together with
22    an Affidavit setting forth the putative father's last known
23    address. The original notice, the declaration of paternity
24    and the disclaimer of paternity shall be retained by the
25    Clerk.

 

 

HB6191- 239 -LRB097 13524 JLS 69734 b

1        (b) The Clerk shall forthwith mail to the putative
2    father, at the address appearing in the Affidavit, the copy
3    of the notice, the declaration of paternity and the
4    disclaimer of paternity, by certified mail, return receipt
5    requested; the envelope and return receipt shall bear the
6    return address of the Clerk. The receipt for certified mail
7    shall state the name and address of the addressee, and the
8    date of mailing, and shall be attached to the original
9    notice.
10        (c) The return receipt, when returned to the Clerk,
11    shall be attached to the original notice, the declaration
12    of paternity and the disclaimer of paternity, and shall
13    constitute proof of service.
14        (d) The Clerk shall note the fact of service in a
15    permanent record.
16    2. The notice shall be signed by the Clerk, and may be
17served on the putative father at any time after conception, and
18shall read as follows:
19    "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
20    You have been identified as the father of a child born or
21expected to be born on or about (insert date).
22    The mother of the child is.....
23    The mother has indicated that she intends to place the
24child for adoption.
25    As the alleged father of the child, you have certain legal
26rights with respect to the child, including the right to notice

 

 

HB6191- 240 -LRB097 13524 JLS 69734 b

1of the filing of proceedings instituted for the adoption of the
2child. If you wish to retain your rights with respect to the
3child, you must file with the Clerk of this Circuit Court of
4.... County, Illinois, whose address is ...., Illinois, within
530 days after the date of receipt of this notice, the
6declaration of paternity enclosed herewith stating that you
7are, in fact, the father of the child and that you intend to
8retain your legal rights with respect to the child, or request
9to be notified of any further proceedings with respect to
10custody or adoption of the child.
11    If you do not file such a declaration of paternity, or a
12request for notice, then whatever legal rights you have with
13respect to the child, including the right to notice of any
14future proceedings for the adoption of the child, may be
15terminated without any further notice to you. When your legal
16rights with respect to the child are so terminated, you will
17not be entitled to notice of any proceeding instituted for the
18adoption of the child.
19    If you are not the father of the child, you may file with
20the Clerk of this Court the disclaimer of paternity enclosed
21herewith which will be noted in the Clerk's file and you will
22receive no further notice with respect to the child."
23    The declaration of paternity shall be substantially as
24follows:
25
"IN THE CIRCUIT COURT OF THE
26
.......... JUDICIAL CIRCUIT, ILLINOIS

 

 

HB6191- 241 -LRB097 13524 JLS 69734 b

1
.......... County
 
2             )  
3             )  
4             )  No.              )  
5             )
6
DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
7I, ........., state as follows:
8    (1) That I am ......... years of age; and I reside at
9......... in the County of ........., State of .........
10    (2) That I have been advised that ........ is the mother of
11a ...male child named ........ born or expected to be born on
12or about ......... and that such mother has stated that I am
13the father of this child.
14    (3) I declare that I am the father of this child.
15    (4) I understand that the mother of this child wishes to
16consent to the adoption of this child. I do not consent to the
17adoption of this child, and I understand that I must return
18this initial declaration of parentage form to the Clerk of the
19Circuit Court of ....... County, located at ........., within
2030 days of receipt of this notice.
21    (5) I further understand that I am also obligated to
22establish my paternity pursuant to the Illinois Parentage Act
23of 2012 1984 within 30 days of my receiving this notice or, if
24the child is not yet born, within 30 days after the birth of
25the child. This proceeding is separate and distinct from the
26above mailing of initial declaration of paternity; in this

 

 

HB6191- 242 -LRB097 13524 JLS 69734 b

1second notice, I must state that I am, in fact, the father of
2said child, and that I intend to retain my legal rights with
3respect to said child, and request to be notified of any
4further proceedings with respect to custody or adoption of the
5child.
6    (6) I hereby enter my appearance in the above entitled
7cause.
8
OATH
9    I have been duly sworn and I say under oath that I have
10read and understand this Declaration of Paternity With Entry of
11Appearance. The facts that it contains are true and correct to
12the best of my knowledge, and I understand that by signing this
13document I admit my paternity. I have signed this document as
14my free and voluntary act.
15
...........
16
(signature)
17Dated (insert date).
18Signed and sworn before me on (insert date).
19
................
20
(notary public)".

 
21
22    The disclaimer of paternity shall be substantially as
23follows:
24
"IN THE CIRCUIT COURT OF THE
25
.......... JUDICIAL CIRCUIT, ILLINOIS

 

 

HB6191- 243 -LRB097 13524 JLS 69734 b

1
.......... County
 
2             )  
3             )  
4             )  No.              )  
5             )
6
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
7
AND CONSENT TO ADOPTION
8I, .........., state as follows:
9    (1) That I am ..... years of age; and I reside at
10.......... in the County of .........., State of ...........
11    (2) That I have been advised that .......... is the mother
12of a .....male child named ..... born or expected to be born on
13or about ..... and that such mother has stated that I am the
14father of this child.
15    (3) I deny that I am the father of this child.
16    (4) I further understand that the mother of this child
17wishes to consent to the adoption of the child. I hereby
18consent to the adoption of this child, and waive any rights,
19remedies and defenses that I may now or in the future have as a
20result of the mother's allegation of the paternity of this
21child. This consent is being given in order to facilitate the
22adoption of the child and so that the court may terminate what
23rights I may have to the child as a result of being named the
24father by the mother. This consent is not in any manner an
25admission of paternity.
26    (5) I hereby enter my appearance in the above entitled

 

 

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1cause and waive service of summons and other pleading.
2
OATH
3    I have been duly sworn and I say under oath that I have
4read and understood this Denial of Paternity With Entry of
5Appearance and Consent to Adoption. The facts it contains are
6true and correct to the best of my knowledge, and I understand
7that by signing this document I have not admitted paternity. I
8have signed this document as my free and voluntary act in order
9to facilitate the adoption of the child.
10
...........
11
(signature)
12Dated (insert date).
13Signed and sworn before me on (insert date).
14
.................
15
(notary public)".

 
16
17    The names of adoptive parents shall not be included in the
18notice.
19    3. If the putative father files a disclaimer of paternity,
20he shall be deemed not to be the father of the child with
21respect to any adoption or other proceeding held to terminate
22the rights of parents as respects such child.
23    4. In the event the putative father does not file a
24declaration of paternity of the child or request for notice
25within 30 days of service of the above notice, he need not be

 

 

HB6191- 245 -LRB097 13524 JLS 69734 b

1made a party to or given notice of any proceeding brought for
2the adoption of the child. An Order or judgment may be entered
3in such proceeding terminating all of his rights with respect
4to the child without further notice to him.
5    5. If the putative father files a declaration of paternity
6or a request for notice in accordance with subsection 2, with
7respect to the child, he shall be given notice in event any
8proceeding is brought for the adoption of the child.
9    6. The Clerk shall maintain separate numbered files and
10records of requests and proofs of service and all other
11documents filed pursuant to this article. All such records
12shall be impounded.
13(Source: P.A. 91-357, eff. 7-29-99.)
 
14    (750 ILCS 50/18.06)
15    Sec. 18.06. Definitions. When used in Sections 18.05
16through Section 18.6, for the purposes of the Registry:
17    "Adopted person" means a person who was adopted pursuant to
18the laws in effect at the time of the adoption.
19    "Adoptive parent" means a person who has become a parent
20through the legal process of adoption.
21    "Adult child" means the biological child 21 years of age or
22over of a deceased adopted or surrendered person.
23    "Adult Adopted or Surrendered Person" means an adopted or
24surrendered person 21 years of age or over.
25    "Agency" means a public child welfare agency or a licensed

 

 

HB6191- 246 -LRB097 13524 JLS 69734 b

1child welfare agency.
2    "Birth aunt" means the adult full or half sister of a
3deceased birth parent.
4    "Birth father" means the biological father of an adopted or
5surrendered person who is named on the original certificate of
6live birth or on a consent or surrender document, or a
7biological father whose paternity has been established by a
8judgment or order of the court, pursuant to the Illinois
9Parentage Act of 1984 or the Illinois Parentage Act of 2012.
10    "Birth mother" means the biological mother of an adopted or
11surrendered person.
12    "Birth parent" means a birth mother or birth father of an
13adopted or surrendered person.
14    "Birth Parent Preference Form" means the form prepared by
15the Department of Public Health pursuant to Section 18.2
16completed by a birth parent registrant and filed with the
17Registry that indicates the birth parent's preferences
18regarding contact and, if applicable, the release of his or her
19identifying information on the non-certified copy of the
20original birth certificate released to an adult adopted or
21surrendered person or to the surviving adult child or surviving
22spouse of a deceased adopted or surrendered person who has
23filed a Request for a Non-Certified Copy of an Original Birth
24Certificate.
25    "Birth relative" means a birth mother, birth father, birth
26sibling, birth aunt, or birth uncle.

 

 

HB6191- 247 -LRB097 13524 JLS 69734 b

1    "Birth sibling" means the adult full or half sibling of an
2adopted or surrendered person.
3    "Birth uncle" means the adult full or half brother of a
4deceased birth parent.
5    "Confidential intermediary" means an individual certified
6by the Department of Children and Family Services pursuant to
7Section 18.3a(e).
8    "Denial of Information Exchange" means an affidavit
9completed by a registrant with the Illinois Adoption Registry
10and Medical Information Exchange denying the release of
11identifying information which has been filed with the Registry.
12    "Information Exchange Authorization" means an affidavit
13completed by a registrant with the Illinois Adoption Registry
14and Medical Information Exchange authorizing the release of
15identifying information which has been filed with the Registry.
16    "Medical Information Exchange Questionnaire" means the
17medical history questionnaire completed by a registrant of the
18Illinois Adoption Registry and Medical Information Exchange.
19    "Non-certified Copy of the Original Birth Certificate"
20means a non-certified copy of the original certificate of live
21birth of an adult adopted or surrendered person who was born in
22Illinois.
23    "Proof of death" means a death certificate.
24    "Registrant" or "Registered Party" means a birth parent,
25birth sibling, birth aunt, birth uncle, adopted or surrendered
26person 21 years of age or over, adoptive parent or legal

 

 

HB6191- 248 -LRB097 13524 JLS 69734 b

1guardian of an adopted or surrendered person under the age of
221, or adoptive parent, surviving spouse, or adult child of a
3deceased adopted or surrendered person who has filed an
4Illinois Adoption Registry Application or Registration
5Identification Form with the Registry.
6    "Registry" means the Illinois Adoption Registry and
7Medical Information Exchange.
8    "Request for a Non-Certified Copy of an Original Birth
9Certificate" means an affidavit completed by an adult adopted
10or surrendered person or by the surviving adult child or
11surviving spouse of a deceased adopted or surrendered person
12and filed with the Registry requesting a non-certified copy of
13an adult adopted or surrendered person's original certificate
14of live birth in Illinois.
15    "Surrendered person" means a person whose parents' rights
16have been surrendered or terminated but who has not been
17adopted.
18    "Surviving spouse" means the wife or husband, 21 years of
19age or older, of a deceased adopted or surrendered person who
20would be 21 years of age or older if still alive and who has one
21or more surviving biological children who are under the age of
2221.
23    "18.3 Statement" means a statement regarding the
24disclosure of identifying information signed by a birth parent
25under Section 18.3 of this Act as it existed immediately prior
26to the effective date of this amendatory Act of the 96th

 

 

HB6191- 249 -LRB097 13524 JLS 69734 b

1General Assembly.
2(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
 
3    Section 973. The Illinois Domestic Violence Act of 1986 is
4amended by changing Sections 202 and 214 as follows:
 
5    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
6    Sec. 202. Commencement of action; filing fees; dismissal.
7    (a) How to commence action. Actions for orders of
8protection are commenced:
9        (1) Independently: By filing a petition for an order of
10    protection in any civil court, unless specific courts are
11    designated by local rule or order.
12        (2) In conjunction with another civil proceeding: By
13    filing a petition for an order of protection under the same
14    case number as another civil proceeding involving the
15    parties, including but not limited to: (i) any proceeding
16    under the Illinois Marriage and Dissolution of Marriage
17    Act, Illinois Parentage Act of 2012 1984, Nonsupport of
18    Spouse and Children Act, Revised Uniform Reciprocal
19    Enforcement of Support Act or an action for nonsupport
20    brought under Article 10 of the Illinois Public Aid Code,
21    provided that a petitioner and the respondent are a party
22    to or the subject of that proceeding or (ii) a guardianship
23    proceeding under the Probate Act of 1975, or a proceeding
24    for involuntary commitment under the Mental Health and

 

 

HB6191- 250 -LRB097 13524 JLS 69734 b

1    Developmental Disabilities Code, or any proceeding, other
2    than a delinquency petition, under the Juvenile Court Act
3    of 1987, provided that a petitioner or the respondent is a
4    party to or the subject of such proceeding.
5        (3) In conjunction with a delinquency petition or a
6    criminal prosecution: By filing a petition for an order of
7    protection, under the same case number as the delinquency
8    petition or criminal prosecution, to be granted during
9    pre-trial release of a defendant, with any dispositional
10    order issued under Section 5-710 of the Juvenile Court Act
11    of 1987 or as a condition of release, supervision,
12    conditional discharge, probation, periodic imprisonment,
13    parole or mandatory supervised release, or in conjunction
14    with imprisonment or a bond forfeiture warrant; provided
15    that:
16            (i) the violation is alleged in an information,
17        complaint, indictment or delinquency petition on file,
18        and the alleged offender and victim are family or
19        household members or persons protected by this Act; and
20            (ii) the petition, which is filed by the State's
21        Attorney, names a victim of the alleged crime as a
22        petitioner.
23    (b) Filing, certification, and service fees. No fee shall
24be charged by the clerk for filing, amending, vacating,
25certifying, or photocopying petitions or orders; or for issuing
26alias summons; or for any related filing service. No fee shall

 

 

HB6191- 251 -LRB097 13524 JLS 69734 b

1be charged by the sheriff for service by the sheriff of a
2petition, rule, motion, or order in an action commenced under
3this Section.
4    (c) Dismissal and consolidation. Withdrawal or dismissal
5of any petition for an order of protection prior to
6adjudication where the petitioner is represented by the State
7shall operate as a dismissal without prejudice. No action for
8an order of protection shall be dismissed because the
9respondent is being prosecuted for a crime against the
10petitioner. An independent action may be consolidated with
11another civil proceeding, as provided by paragraph (2) of
12subsection (a) of this Section. For any action commenced under
13paragraph (2) or (3) of subsection (a) of this Section,
14dismissal of the conjoined case (or a finding of not guilty)
15shall not require dismissal of the action for the order of
16protection; instead, it may be treated as an independent action
17and, if necessary and appropriate, transferred to a different
18court or division. Dismissal of any conjoined case shall not
19affect the validity of any previously issued order of
20protection, and thereafter subsections (b)(1) and (b)(2) of
21Section 220 shall be inapplicable to such order.
22    (d) Pro se petitions. The court shall provide, through the
23office of the clerk of the court, simplified forms and clerical
24assistance to help with the writing and filing of a petition
25under this Section by any person not represented by counsel. In
26addition, that assistance may be provided by the state's

 

 

HB6191- 252 -LRB097 13524 JLS 69734 b

1attorney.
2(Source: P.A. 93-458, eff. 1-1-04.)
 
3    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
4    Sec. 214. Order of protection; remedies.
5    (a) Issuance of order. If the court finds that petitioner
6has been abused by a family or household member or that
7petitioner is a high-risk adult who has been abused, neglected,
8or exploited, as defined in this Act, an order of protection
9prohibiting the abuse, neglect, or exploitation shall issue;
10provided that petitioner must also satisfy the requirements of
11one of the following Sections, as appropriate: Section 217 on
12emergency orders, Section 218 on interim orders, or Section 219
13on plenary orders. Petitioner shall not be denied an order of
14protection because petitioner or respondent is a minor. The
15court, when determining whether or not to issue an order of
16protection, shall not require physical manifestations of abuse
17on the person of the victim. Modification and extension of
18prior orders of protection shall be in accordance with this
19Act.
20    (b) Remedies and standards. The remedies to be included in
21an order of protection shall be determined in accordance with
22this Section and one of the following Sections, as appropriate:
23Section 217 on emergency orders, Section 218 on interim orders,
24and Section 219 on plenary orders. The remedies listed in this
25subsection shall be in addition to other civil or criminal

 

 

HB6191- 253 -LRB097 13524 JLS 69734 b

1remedies available to petitioner.
2        (1) Prohibition of abuse, neglect, or exploitation.
3    Prohibit respondent's harassment, interference with
4    personal liberty, intimidation of a dependent, physical
5    abuse, or willful deprivation, neglect or exploitation, as
6    defined in this Act, or stalking of the petitioner, as
7    defined in Section 12-7.3 of the Criminal Code of 1961, if
8    such abuse, neglect, exploitation, or stalking has
9    occurred or otherwise appears likely to occur if not
10    prohibited.
11        (2) Grant of exclusive possession of residence.
12    Prohibit respondent from entering or remaining in any
13    residence, household, or premises of the petitioner,
14    including one owned or leased by respondent, if petitioner
15    has a right to occupancy thereof. The grant of exclusive
16    possession of the residence, household, or premises shall
17    not affect title to real property, nor shall the court be
18    limited by the standard set forth in Section 701 of the
19    Illinois Marriage and Dissolution of Marriage Act.
20            (A) Right to occupancy. A party has a right to
21        occupancy of a residence or household if it is solely
22        or jointly owned or leased by that party, that party's
23        spouse, a person with a legal duty to support that
24        party or a minor child in that party's care, or by any
25        person or entity other than the opposing party that
26        authorizes that party's occupancy (e.g., a domestic

 

 

HB6191- 254 -LRB097 13524 JLS 69734 b

1        violence shelter). Standards set forth in subparagraph
2        (B) shall not preclude equitable relief.
3            (B) Presumption of hardships. If petitioner and
4        respondent each has the right to occupancy of a
5        residence or household, the court shall balance (i) the
6        hardships to respondent and any minor child or
7        dependent adult in respondent's care resulting from
8        entry of this remedy with (ii) the hardships to
9        petitioner and any minor child or dependent adult in
10        petitioner's care resulting from continued exposure to
11        the risk of abuse (should petitioner remain at the
12        residence or household) or from loss of possession of
13        the residence or household (should petitioner leave to
14        avoid the risk of abuse). When determining the balance
15        of hardships, the court shall also take into account
16        the accessibility of the residence or household.
17        Hardships need not be balanced if respondent does not
18        have a right to occupancy.
19            The balance of hardships is presumed to favor
20        possession by petitioner unless the presumption is
21        rebutted by a preponderance of the evidence, showing
22        that the hardships to respondent substantially
23        outweigh the hardships to petitioner and any minor
24        child or dependent adult in petitioner's care. The
25        court, on the request of petitioner or on its own
26        motion, may order respondent to provide suitable,

 

 

HB6191- 255 -LRB097 13524 JLS 69734 b

1        accessible, alternate housing for petitioner instead
2        of excluding respondent from a mutual residence or
3        household.
4        (3) Stay away order and additional prohibitions. Order
5    respondent to stay away from petitioner or any other person
6    protected by the order of protection, or prohibit
7    respondent from entering or remaining present at
8    petitioner's school, place of employment, or other
9    specified places at times when petitioner is present, or
10    both, if reasonable, given the balance of hardships.
11    Hardships need not be balanced for the court to enter a
12    stay away order or prohibit entry if respondent has no
13    right to enter the premises.
14            (A) If an order of protection grants petitioner
15        exclusive possession of the residence, or prohibits
16        respondent from entering the residence, or orders
17        respondent to stay away from petitioner or other
18        protected persons, then the court may allow respondent
19        access to the residence to remove items of clothing and
20        personal adornment used exclusively by respondent,
21        medications, and other items as the court directs. The
22        right to access shall be exercised on only one occasion
23        as the court directs and in the presence of an
24        agreed-upon adult third party or law enforcement
25        officer.
26            (B) When the petitioner and the respondent attend

 

 

HB6191- 256 -LRB097 13524 JLS 69734 b

1        the same public, private, or non-public elementary,
2        middle, or high school, the court when issuing an order
3        of protection and providing relief shall consider the
4        severity of the act, any continuing physical danger or
5        emotional distress to the petitioner, the educational
6        rights guaranteed to the petitioner and respondent
7        under federal and State law, the availability of a
8        transfer of the respondent to another school, a change
9        of placement or a change of program of the respondent,
10        the expense, difficulty, and educational disruption
11        that would be caused by a transfer of the respondent to
12        another school, and any other relevant facts of the
13        case. The court may order that the respondent not
14        attend the public, private, or non-public elementary,
15        middle, or high school attended by the petitioner,
16        order that the respondent accept a change of placement
17        or change of program, as determined by the school
18        district or private or non-public school, or place
19        restrictions on the respondent's movements within the
20        school attended by the petitioner. The respondent
21        bears the burden of proving by a preponderance of the
22        evidence that a transfer, change of placement, or
23        change of program of the respondent is not available.
24        The respondent also bears the burden of production with
25        respect to the expense, difficulty, and educational
26        disruption that would be caused by a transfer of the

 

 

HB6191- 257 -LRB097 13524 JLS 69734 b

1        respondent to another school. A transfer, change of
2        placement, or change of program is not unavailable to
3        the respondent solely on the ground that the respondent
4        does not agree with the school district's or private or
5        non-public school's transfer, change of placement, or
6        change of program or solely on the ground that the
7        respondent fails or refuses to consent or otherwise
8        does not take an action required to effectuate a
9        transfer, change of placement, or change of program.
10        When a court orders a respondent to stay away from the
11        public, private, or non-public school attended by the
12        petitioner and the respondent requests a transfer to
13        another attendance center within the respondent's
14        school district or private or non-public school, the
15        school district or private or non-public school shall
16        have sole discretion to determine the attendance
17        center to which the respondent is transferred. In the
18        event the court order results in a transfer of the
19        minor respondent to another attendance center, a
20        change in the respondent's placement, or a change of
21        the respondent's program, the parents, guardian, or
22        legal custodian of the respondent is responsible for
23        transportation and other costs associated with the
24        transfer or change.
25            (C) The court may order the parents, guardian, or
26        legal custodian of a minor respondent to take certain

 

 

HB6191- 258 -LRB097 13524 JLS 69734 b

1        actions or to refrain from taking certain actions to
2        ensure that the respondent complies with the order. The
3        court may order the parents, guardian, or legal
4        custodian of a minor respondent to take certain actions
5        or to refrain from taking certain actions to ensure
6        that the respondent complies with the order. In the
7        event the court orders a transfer of the respondent to
8        another school, the parents, guardian, or legal
9        custodian of the respondent is responsible for
10        transportation and other costs associated with the
11        change of school by the respondent.
12        (4) Counseling. Require or recommend the respondent to
13    undergo counseling for a specified duration with a social
14    worker, psychologist, clinical psychologist, psychiatrist,
15    family service agency, alcohol or substance abuse program,
16    mental health center guidance counselor, agency providing
17    services to elders, program designed for domestic violence
18    abusers or any other guidance service the court deems
19    appropriate. The Court may order the respondent in any
20    intimate partner relationship to report to an Illinois
21    Department of Human Services protocol approved partner
22    abuse intervention program for an assessment and to follow
23    all recommended treatment.
24        (5) Physical care and possession of the minor child. In
25    order to protect the minor child from abuse, neglect, or
26    unwarranted separation from the person who has been the

 

 

HB6191- 259 -LRB097 13524 JLS 69734 b

1    minor child's primary caretaker, or to otherwise protect
2    the well-being of the minor child, the court may do either
3    or both of the following: (i) grant petitioner physical
4    care or possession of the minor child, or both, or (ii)
5    order respondent to return a minor child to, or not remove
6    a minor child from, the physical care of a parent or person
7    in loco parentis.
8        If a court finds, after a hearing, that respondent has
9    committed abuse (as defined in Section 103) of a minor
10    child, there shall be a rebuttable presumption that
11    awarding physical care to respondent would not be in the
12    minor child's best interest.
13        (6) Temporary legal custody. Award temporary legal
14    custody to petitioner in accordance with this Section, the
15    Illinois Marriage and Dissolution of Marriage Act, the
16    Illinois Parentage Act of 2012 1984, and this State's
17    Uniform Child-Custody Jurisdiction and Enforcement Act.
18        If a court finds, after a hearing, that respondent has
19    committed abuse (as defined in Section 103) of a minor
20    child, there shall be a rebuttable presumption that
21    awarding temporary legal custody to respondent would not be
22    in the child's best interest.
23        (7) Visitation. Determine the visitation rights, if
24    any, of respondent in any case in which the court awards
25    physical care or temporary legal custody of a minor child
26    to petitioner. The court shall restrict or deny

 

 

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1    respondent's visitation with a minor child if the court
2    finds that respondent has done or is likely to do any of
3    the following: (i) abuse or endanger the minor child during
4    visitation; (ii) use the visitation as an opportunity to
5    abuse or harass petitioner or petitioner's family or
6    household members; (iii) improperly conceal or detain the
7    minor child; or (iv) otherwise act in a manner that is not
8    in the best interests of the minor child. The court shall
9    not be limited by the standards set forth in Section 607.1
10    of the Illinois Marriage and Dissolution of Marriage Act.
11    If the court grants visitation, the order shall specify
12    dates and times for the visitation to take place or other
13    specific parameters or conditions that are appropriate. No
14    order for visitation shall refer merely to the term
15    "reasonable visitation".
16        Petitioner may deny respondent access to the minor
17    child if, when respondent arrives for visitation,
18    respondent is under the influence of drugs or alcohol and
19    constitutes a threat to the safety and well-being of
20    petitioner or petitioner's minor children or is behaving in
21    a violent or abusive manner.
22        If necessary to protect any member of petitioner's
23    family or household from future abuse, respondent shall be
24    prohibited from coming to petitioner's residence to meet
25    the minor child for visitation, and the parties shall
26    submit to the court their recommendations for reasonable

 

 

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1    alternative arrangements for visitation. A person may be
2    approved to supervise visitation only after filing an
3    affidavit accepting that responsibility and acknowledging
4    accountability to the court.
5        (8) Removal or concealment of minor child. Prohibit
6    respondent from removing a minor child from the State or
7    concealing the child within the State.
8        (9) Order to appear. Order the respondent to appear in
9    court, alone or with a minor child, to prevent abuse,
10    neglect, removal or concealment of the child, to return the
11    child to the custody or care of the petitioner or to permit
12    any court-ordered interview or examination of the child or
13    the respondent.
14        (10) Possession of personal property. Grant petitioner
15    exclusive possession of personal property and, if
16    respondent has possession or control, direct respondent to
17    promptly make it available to petitioner, if:
18            (i) petitioner, but not respondent, owns the
19        property; or
20            (ii) the parties own the property jointly; sharing
21        it would risk abuse of petitioner by respondent or is
22        impracticable; and the balance of hardships favors
23        temporary possession by petitioner.
24        If petitioner's sole claim to ownership of the property
25    is that it is marital property, the court may award
26    petitioner temporary possession thereof under the

 

 

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1    standards of subparagraph (ii) of this paragraph only if a
2    proper proceeding has been filed under the Illinois
3    Marriage and Dissolution of Marriage Act, as now or
4    hereafter amended.
5        No order under this provision shall affect title to
6    property.
7        (11) Protection of property. Forbid the respondent
8    from taking, transferring, encumbering, concealing,
9    damaging or otherwise disposing of any real or personal
10    property, except as explicitly authorized by the court, if:
11            (i) petitioner, but not respondent, owns the
12        property; or
13            (ii) the parties own the property jointly, and the
14        balance of hardships favors granting this remedy.
15        If petitioner's sole claim to ownership of the property
16    is that it is marital property, the court may grant
17    petitioner relief under subparagraph (ii) of this
18    paragraph only if a proper proceeding has been filed under
19    the Illinois Marriage and Dissolution of Marriage Act, as
20    now or hereafter amended.
21        The court may further prohibit respondent from
22    improperly using the financial or other resources of an
23    aged member of the family or household for the profit or
24    advantage of respondent or of any other person.
25        (11.5) Protection of animals. Grant the petitioner the
26    exclusive care, custody, or control of any animal owned,

 

 

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1    possessed, leased, kept, or held by either the petitioner
2    or the respondent or a minor child residing in the
3    residence or household of either the petitioner or the
4    respondent and order the respondent to stay away from the
5    animal and forbid the respondent from taking,
6    transferring, encumbering, concealing, harming, or
7    otherwise disposing of the animal.
8        (12) Order for payment of support. Order respondent to
9    pay temporary support for the petitioner or any child in
10    the petitioner's care or custody, when the respondent has a
11    legal obligation to support that person, in accordance with
12    the Illinois Marriage and Dissolution of Marriage Act,
13    which shall govern, among other matters, the amount of
14    support, payment through the clerk and withholding of
15    income to secure payment. An order for child support may be
16    granted to a petitioner with lawful physical care or
17    custody of a child, or an order or agreement for physical
18    care or custody, prior to entry of an order for legal
19    custody. Such a support order shall expire upon entry of a
20    valid order granting legal custody to another, unless
21    otherwise provided in the custody order.
22        (13) Order for payment of losses. Order respondent to
23    pay petitioner for losses suffered as a direct result of
24    the abuse, neglect, or exploitation. Such losses shall
25    include, but not be limited to, medical expenses, lost
26    earnings or other support, repair or replacement of

 

 

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1    property damaged or taken, reasonable attorney's fees,
2    court costs and moving or other travel expenses, including
3    additional reasonable expenses for temporary shelter and
4    restaurant meals.
5            (i) Losses affecting family needs. If a party is
6        entitled to seek maintenance, child support or
7        property distribution from the other party under the
8        Illinois Marriage and Dissolution of Marriage Act, as
9        now or hereafter amended, the court may order
10        respondent to reimburse petitioner's actual losses, to
11        the extent that such reimbursement would be
12        "appropriate temporary relief", as authorized by
13        subsection (a)(3) of Section 501 of that Act.
14            (ii) Recovery of expenses. In the case of an
15        improper concealment or removal of a minor child, the
16        court may order respondent to pay the reasonable
17        expenses incurred or to be incurred in the search for
18        and recovery of the minor child, including but not
19        limited to legal fees, court costs, private
20        investigator fees, and travel costs.
21        (14) Prohibition of entry. Prohibit the respondent
22    from entering or remaining in the residence or household
23    while the respondent is under the influence of alcohol or
24    drugs and constitutes a threat to the safety and well-being
25    of the petitioner or the petitioner's children.
26        (14.5) Prohibition of firearm possession.

 

 

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1            (a) Prohibit a respondent against whom an order of
2        protection was issued from possessing any firearms
3        during the duration of the order if the order:
4                (1) was issued after a hearing of which such
5            person received actual notice, and at which such
6            person had an opportunity to participate;
7                (2) restrains such person from harassing,
8            stalking, or threatening an intimate partner of
9            such person or child of such intimate partner or
10            person, or engaging in other conduct that would
11            place an intimate partner in reasonable fear of
12            bodily injury to the partner or child; and
13                (3)(i) includes a finding that such person
14            represents a credible threat to the physical
15            safety of such intimate partner or child; or (ii)
16            by its terms explicitly prohibits the use,
17            attempted use, or threatened use of physical force
18            against such intimate partner or child that would
19            reasonably be expected to cause bodily injury.
20        Any Firearm Owner's Identification Card in the
21        possession of the respondent, except as provided in
22        subsection (b), shall be ordered by the court to be
23        turned over to the local law enforcement agency for
24        safekeeping. The court shall issue a warrant for
25        seizure of any firearm and Firearm Owner's
26        Identification Card in the possession of the

 

 

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1        respondent, to be kept by the local law enforcement
2        agency for safekeeping, except as provided in
3        subsection (b). The period of safekeeping shall be for
4        the duration of the order of protection. The firearm or
5        firearms and Firearm Owner's Identification Card shall
6        be returned to the respondent at the end of the order
7        of protection.
8            (b) If the respondent is a peace officer as defined
9        in Section 2-13 of the Criminal Code of 1961, the court
10        shall order that any firearms used by the respondent in
11        the performance of his or her duties as a peace officer
12        be surrendered to the chief law enforcement executive
13        of the agency in which the respondent is employed, who
14        shall retain the firearms for safekeeping for the
15        duration of the order of protection.
16            (c) Upon expiration of the period of safekeeping,
17        if the firearms or Firearm Owner's Identification Card
18        cannot be returned to respondent because respondent
19        cannot be located, fails to respond to requests to
20        retrieve the firearms, or is not lawfully eligible to
21        possess a firearm, upon petition from the local law
22        enforcement agency, the court may order the local law
23        enforcement agency to destroy the firearms, use the
24        firearms for training purposes, or for any other
25        application as deemed appropriate by the local law
26        enforcement agency; or that the firearms be turned over

 

 

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1        to a third party who is lawfully eligible to possess
2        firearms, and who does not reside with respondent.
3        (15) Prohibition of access to records. If an order of
4    protection prohibits respondent from having contact with
5    the minor child, or if petitioner's address is omitted
6    under subsection (b) of Section 203, or if necessary to
7    prevent abuse or wrongful removal or concealment of a minor
8    child, the order shall deny respondent access to, and
9    prohibit respondent from inspecting, obtaining, or
10    attempting to inspect or obtain, school or any other
11    records of the minor child who is in the care of
12    petitioner.
13        (16) Order for payment of shelter services. Order
14    respondent to reimburse a shelter providing temporary
15    housing and counseling services to the petitioner for the
16    cost of the services, as certified by the shelter and
17    deemed reasonable by the court.
18        (17) Order for injunctive relief. Enter injunctive
19    relief necessary or appropriate to prevent further abuse of
20    a family or household member or further abuse, neglect, or
21    exploitation of a high-risk adult with disabilities or to
22    effectuate one of the granted remedies, if supported by the
23    balance of hardships. If the harm to be prevented by the
24    injunction is abuse or any other harm that one of the
25    remedies listed in paragraphs (1) through (16) of this
26    subsection is designed to prevent, no further evidence is

 

 

HB6191- 268 -LRB097 13524 JLS 69734 b

1    necessary that the harm is an irreparable injury.
2    (c) Relevant factors; findings.
3        (1) In determining whether to grant a specific remedy,
4    other than payment of support, the court shall consider
5    relevant factors, including but not limited to the
6    following:
7            (i) the nature, frequency, severity, pattern and
8        consequences of the respondent's past abuse, neglect
9        or exploitation of the petitioner or any family or
10        household member, including the concealment of his or
11        her location in order to evade service of process or
12        notice, and the likelihood of danger of future abuse,
13        neglect, or exploitation to petitioner or any member of
14        petitioner's or respondent's family or household; and
15            (ii) the danger that any minor child will be abused
16        or neglected or improperly removed from the
17        jurisdiction, improperly concealed within the State or
18        improperly separated from the child's primary
19        caretaker.
20        (2) In comparing relative hardships resulting to the
21    parties from loss of possession of the family home, the
22    court shall consider relevant factors, including but not
23    limited to the following:
24            (i) availability, accessibility, cost, safety,
25        adequacy, location and other characteristics of
26        alternate housing for each party and any minor child or

 

 

HB6191- 269 -LRB097 13524 JLS 69734 b

1        dependent adult in the party's care;
2            (ii) the effect on the party's employment; and
3            (iii) the effect on the relationship of the party,
4        and any minor child or dependent adult in the party's
5        care, to family, school, church and community.
6        (3) Subject to the exceptions set forth in paragraph
7    (4) of this subsection, the court shall make its findings
8    in an official record or in writing, and shall at a minimum
9    set forth the following:
10            (i) That the court has considered the applicable
11        relevant factors described in paragraphs (1) and (2) of
12        this subsection.
13            (ii) Whether the conduct or actions of respondent,
14        unless prohibited, will likely cause irreparable harm
15        or continued abuse.
16            (iii) Whether it is necessary to grant the
17        requested relief in order to protect petitioner or
18        other alleged abused persons.
19        (4) For purposes of issuing an ex parte emergency order
20    of protection, the court, as an alternative to or as a
21    supplement to making the findings described in paragraphs
22    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
23    the following procedure:
24        When a verified petition for an emergency order of
25    protection in accordance with the requirements of Sections
26    203 and 217 is presented to the court, the court shall

 

 

HB6191- 270 -LRB097 13524 JLS 69734 b

1    examine petitioner on oath or affirmation. An emergency
2    order of protection shall be issued by the court if it
3    appears from the contents of the petition and the
4    examination of petitioner that the averments are
5    sufficient to indicate abuse by respondent and to support
6    the granting of relief under the issuance of the emergency
7    order of protection.
8        (5) Never married parties. No rights or
9    responsibilities for a minor child born outside of marriage
10    attach to a putative father until a father and child
11    relationship has been established under the Illinois
12    Parentage Act of 1984, the Illinois Parentage Act of 2012,
13    the Illinois Public Aid Code, Section 12 of the Vital
14    Records Act, the Juvenile Court Act of 1987, the Probate
15    Act of 1985, the Revised Uniform Reciprocal Enforcement of
16    Support Act, the Uniform Interstate Family Support Act, the
17    Expedited Child Support Act of 1990, any judicial,
18    administrative, or other act of another state or territory,
19    any other Illinois statute, or by any foreign nation
20    establishing the father and child relationship, any other
21    proceeding substantially in conformity with the Personal
22    Responsibility and Work Opportunity Reconciliation Act of
23    1996 (Pub. L. 104-193), or where both parties appeared in
24    open court or at an administrative hearing acknowledging
25    under oath or admitting by affirmation the existence of a
26    father and child relationship. Absent such an

 

 

HB6191- 271 -LRB097 13524 JLS 69734 b

1    adjudication, finding, or acknowledgement, no putative
2    father shall be granted temporary custody of the minor
3    child, visitation with the minor child, or physical care
4    and possession of the minor child, nor shall an order of
5    payment for support of the minor child be entered.
6    (d) Balance of hardships; findings. If the court finds that
7the balance of hardships does not support the granting of a
8remedy governed by paragraph (2), (3), (10), (11), or (16) of
9subsection (b) of this Section, which may require such
10balancing, the court's findings shall so indicate and shall
11include a finding as to whether granting the remedy will result
12in hardship to respondent that would substantially outweigh the
13hardship to petitioner from denial of the remedy. The findings
14shall be an official record or in writing.
15    (e) Denial of remedies. Denial of any remedy shall not be
16based, in whole or in part, on evidence that:
17        (1) Respondent has cause for any use of force, unless
18    that cause satisfies the standards for justifiable use of
19    force provided by Article VII of the Criminal Code of 1961;
20        (2) Respondent was voluntarily intoxicated;
21        (3) Petitioner acted in self-defense or defense of
22    another, provided that, if petitioner utilized force, such
23    force was justifiable under Article VII of the Criminal
24    Code of 1961;
25        (4) Petitioner did not act in self-defense or defense
26    of another;

 

 

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1        (5) Petitioner left the residence or household to avoid
2    further abuse, neglect, or exploitation by respondent;
3        (6) Petitioner did not leave the residence or household
4    to avoid further abuse, neglect, or exploitation by
5    respondent;
6        (7) Conduct by any family or household member excused
7    the abuse, neglect, or exploitation by respondent, unless
8    that same conduct would have excused such abuse, neglect,
9    or exploitation if the parties had not been family or
10    household members.
11(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
1297-158, eff. 1-1-12; 97-294, eff. 1-1-12; revised 10-4-11.)
 
13    Section 974. The Business Corporation Act of 1983 is
14amended by changing Section 1.25 as follows:
 
15    (805 ILCS 5/1.25)  (from Ch. 32, par. 1.25)
16    Sec. 1.25. List of corporations; exchange of information.
17    (a) The Secretary of State shall publish each year a list
18of corporations filing an annual report for the preceding year
19in accordance with the provisions of this Act, which report
20shall state the name of the corporation and the respective
21names and addresses of the president, secretary, and registered
22agent thereof and the address of the registered office in this
23State of each such corporation. The Secretary of State shall
24furnish without charge a copy of such report to each recorder

 

 

HB6191- 273 -LRB097 13524 JLS 69734 b

1of this State, and to each member of the General Assembly and
2to each State agency or department requesting the same. The
3Secretary of State shall, upon receipt of a written request and
4a fee as determined by the Secretary, furnish such report to
5anyone else.
6    (b) (1) The Secretary of State shall publish daily a list
7of all newly formed corporations, business and not for profit,
8chartered by him on that day issued after receipt of the
9application. The daily list shall contain the same information
10as to each corporation as is provided for the corporation list
11published under subsection (a) of this Section. The daily list
12may be obtained at the Secretary's office by any person,
13newspaper, State department or agency, or local government for
14a reasonable charge to be determined by the Secretary.
15Inspection of the daily list may be made at the Secretary's
16office during normal business hours without charge by any
17person, newspaper, State department or agency, or local
18government.
19    (2) The Secretary shall compile the daily list mentioned in
20paragraph (1) of subsection (b) of this Section monthly, or
21more often at the Secretary's discretion. The compilation shall
22be immediately mailed free of charge to all local governments
23requesting in writing receipt of such publication, or shall be
24automatically mailed by the Secretary without charge to local
25governments as determined by the Secretary. The Secretary shall
26mail a copy of the compilations free of charge to all State

 

 

HB6191- 274 -LRB097 13524 JLS 69734 b

1departments or agencies making a written request. A request for
2a compilation of the daily list once made by a local government
3or State department or agency need not be renewed. However, the
4Secretary may request from time to time whether the local
5governments or State departments or agencies desire to continue
6receiving the compilation.
7    (3) The compilations of the daily list mentioned in
8paragraph (2) of subsection (b) of this Section shall be mailed
9to newspapers, or any other person not included as a recipient
10in paragraph (2) of subsection (b) of this Section, upon
11receipt of a written application signed by the applicant and
12accompanied by the payment of a fee as determined by the
13Secretary.
14    (c) If a domestic or foreign corporation has filed with the
15Secretary of State an annual report for the preceding year or
16has been newly formed or is otherwise and in any manner
17registered with the Secretary of State, the Secretary of State
18shall exchange with the Department of Healthcare and Family
19Services any information concerning that corporation that may
20be necessary for the enforcement of child support orders
21entered pursuant to the Illinois Public Aid Code, the Illinois
22Marriage and Dissolution of Marriage Act, the Non-Support of
23Spouse and Children Act, the Non-Support Punishment Act, the
24Revised Uniform Reciprocal Enforcement of Support Act, the
25Uniform Interstate Family Support Act, or the Illinois
26Parentage Act of 1984, or the Illinois Parentage Act of 2012.

 

 

HB6191- 275 -LRB097 13524 JLS 69734 b

1    Notwithstanding any provisions in this Act to the contrary,
2the Secretary of State shall not be liable to any person for
3any disclosure of information to the Department of Healthcare
4and Family Services (formerly Illinois Department of Public
5Aid) under this subsection or for any other action taken in
6good faith to comply with the requirements of this subsection.
7(Source: P.A. 95-331, eff. 8-21-07.)
 
8    Section 975. The Limited Liability Company Act is amended
9by changing Section 50-5 as follows:
 
10    (805 ILCS 180/50-5)
11    Sec. 50-5. List of limited liability companies; exchange of
12information.
13    (a) The Secretary of State may publish a list or lists of
14limited liability companies and foreign limited liability
15companies, as often, in the format, and for the fees as the
16Secretary of State may in his or her discretion provide by
17rule. The Secretary of State may disseminate information
18concerning limited liability companies and foreign limited
19liability companies by computer network in the format and for
20the fees as may be determined by rule.
21    (b) Upon written request, any list published under
22subsection (a) shall be free to each member of the General
23Assembly, to each State agency or department, and to each
24recorder in this State. An appropriate fee established by rule

 

 

HB6191- 276 -LRB097 13524 JLS 69734 b

1to cover the cost of producing the list shall be charged to all
2others.
3    (c) If a domestic or foreign limited liability company has
4filed with the Secretary of State an annual report for the
5preceding year or has been newly formed or is otherwise and in
6any manner registered with the Secretary of State, the
7Secretary of State shall exchange with the Department of
8Healthcare and Family Services any information concerning that
9limited liability company that may be necessary for the
10enforcement of child support orders entered pursuant to the
11Illinois Public Aid Code, the Illinois Marriage and Dissolution
12of Marriage Act, the Non-Support of Spouse and Children Act,
13the Non-Support Punishment Act, the Revised Uniform Reciprocal
14Enforcement of Support Act, the Uniform Interstate Family
15Support Act, or the Illinois Parentage Act of 1984, or the
16Illinois Parentage Act of 2012.
17    Notwithstanding any provisions in this Act to the contrary,
18the Secretary of State shall not be liable to any person for
19any disclosure of information to the Department of Healthcare
20and Family Services (formerly Illinois Department of Public
21Aid) under this subsection or for any other action taken in
22good faith to comply with the requirements of this subsection.
23(Source: P.A. 95-331, eff. 8-21-07.)

 

 

HB6191- 277 -LRB097 13524 JLS 69734 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    750 ILCS 40/Act rep.
5    750 ILCS 45/Act rep.
6    20 ILCS 1005/1005-130was 20 ILCS 1005/43a.14
7    20 ILCS 2105/2105-15
8    20 ILCS 2505/2505-65was 20 ILCS 2505/39b12
9    55 ILCS 5/3-5036.5
10    225 ILCS 425/2.04from Ch. 111, par. 2005.1
11    305 ILCS 5/10-3.1from Ch. 23, par. 10-3.1
12    305 ILCS 5/10-16.7
13    305 ILCS 5/10-17from Ch. 23, par. 10-17
14    305 ILCS 5/10-17.7
15    305 ILCS 5/10-19from Ch. 23, par. 10-19
16    305 ILCS 5/10-25
17    305 ILCS 5/10-25.5
18    305 ILCS 5/10-27
19    305 ILCS 5/12-4.7c
20    410 ILCS 513/22
21    410 ILCS 513/30
22    410 ILCS 535/12
23    410 ILCS 535/24from Ch. 111 1/2, par. 73-24
24    625 ILCS 5/2-109.1
25    625 ILCS 5/7-703

 

 

HB6191- 278 -LRB097 13524 JLS 69734 b

1    705 ILCS 105/27.1afrom Ch. 25, par. 27.1a
2    705 ILCS 405/1-3from Ch. 37, par. 801-3
3    705 ILCS 405/6-9from Ch. 37, par. 806-9
4    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
5    730 ILCS 5/3-5-4
6    735 ILCS 5/2-209from Ch. 110, par. 2-209
7    735 ILCS 5/2-1401from Ch. 110, par. 2-1401
8    735 ILCS 5/12-112from Ch. 110, par. 12-112
9    735 ILCS 5/12-819from Ch. 110, par. 12-819
10    740 ILCS 170/11from Ch. 48, par. 39.12
11    750 ILCS 5/713from Ch. 40, par. 713
12    750 ILCS 16/50
13    750 ILCS 22/102was 750 ILCS 22/101
14    750 ILCS 25/6from Ch. 40, par. 2706
15    750 ILCS 28/15
16    750 ILCS 47/35
17    750 ILCS 50/1from Ch. 40, par. 1501
18    750 ILCS 50/8from Ch. 40, par. 1510
19    750 ILCS 50/12afrom Ch. 40, par. 1515
20    750 ILCS 50/18.06
21    750 ILCS 60/202from Ch. 40, par. 2312-2
22    750 ILCS 60/214from Ch. 40, par. 2312-14
23    805 ILCS 5/1.25from Ch. 32, par. 1.25
24    805 ILCS 180/50-5