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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3618
Introduced 2/24/2005, by Rep. Julie Hamos SYNOPSIS AS INTRODUCED: |
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Creates the Uniform Parentage Act (2000). Provides rules for establishing a parent-child relationship, including rules for acknowledging and denying paternity. Requires the Department of Children and Family Services to establish a registry of paternity, and requires that men who have timely registered be given notice of a proceeding for adoption or for termination of parental rights. Provides that the intentional, unauthorized release of information from the registry is a Class B misdemeanor. Provides rules for the genetic testing of a person to determine parentage, and makes the intentional, unauthorized release of an identifiable specimen a Class B misdemeanor. Provides rules for proceedings to adjudicate parentage, and authorizes the issuance of a temporary order for child support. Provides rules for determining the parentage of a child of assisted reproduction. Provides for the regulation of gestational agreements. Repeals the Illinois Parentage Act and the Illinois Parentage Act of 1984. Amends other Acts to make conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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| AN ACT concerning families.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| ARTICLE 1. GENERAL PROVISIONS |
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| Section 0.01. Short title. This Act may be cited as the |
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| Uniform Parentage Act (2000). |
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| Section 101. Short title. (See Section 0.01 for short |
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| title.) |
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| Section 102. Definitions. In this Act: |
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| (1) "Acknowledged father" means a man who has |
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| established a father-child relationship under Article 3.
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| (2) "Adjudicated father" means a man who has been |
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| adjudicated by a court of competent jurisdiction, or as |
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| authorized under Article X of the Illinois Public Aid Code, |
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| to be the father of a child.
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| (3) "Alleged father" means a man who alleges himself to |
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| be, or is alleged to be, the genetic father or a possible |
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| genetic father of a child, but whose paternity has not been |
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| determined. The term does not include:
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| (A) a presumed father;
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| (B) a man whose parental rights have been |
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| terminated or declared not to exist; or
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| (C) a male donor.
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| (4) "Assisted reproduction" means a method of causing |
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| pregnancy other than sexual intercourse. The term |
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| includes:
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| (A) intrauterine insemination;
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| (B) donation of eggs;
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| (C) donation of embryos;
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| (D) in-vitro fertilization and transfer of |
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| embryos; and
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| (E) intracytoplasmic sperm injection.
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| (5) "Child" means an individual of any age whose |
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| parentage may be determined under this Act.
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| (6) "Commence" means to file the initial pleading |
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| seeking an adjudication of parentage in the circuit court |
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| of this State.
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| (7) "Determination of parentage" means the |
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| establishment of the parent-child relationship by the |
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| signing of a valid acknowledgment of paternity under |
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| Article 3 or adjudication by the court or as authorized |
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| under Article X of the Illinois Public Aid Code.
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| (8) "Donor" means an individual who produces eggs or |
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| sperm used for assisted reproduction, whether or not for |
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| consideration. The term does not include:
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| (A) a husband who provides sperm, or a wife who |
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| provides eggs, to be used for assisted reproduction by |
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| the wife;
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| (B) a woman who gives birth to a child by means of |
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| assisted reproduction, except as otherwise provided in |
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| Article 8; or
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| (C) a parent under Article 7 or an intended parent |
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| under Article 8.
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| (9) "Ethnic or racial group" means, for purposes of |
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| genetic testing, a recognized group that an individual |
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| identifies as all or part of the individual's ancestry or |
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| that is so identified by other information.
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| (10) "Genetic testing" means an analysis of genetic |
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| markers to exclude or identify a man as the father or a |
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| woman as the mother of a child. The term includes an |
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| analysis of one or a combination of the following:
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| (A) deoxyribonucleic acid; and
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| (B) blood-group antigens, red-cell antigens, |
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| human-leukocyte antigens, serum enzymes, serum |
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| proteins, or red-cell enzymes.
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| (11) "Gestational mother" means an adult woman who |
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| gives birth to a child under a gestational agreement.
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| (12) "Man" means a male individual of any age.
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| (13) "Parent" means an individual who has established a |
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| parent-child relationship under Section 201.
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| (14) "Parent-child relationship" means the legal |
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| relationship between a child and a parent of the child. The |
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| term includes the mother-child relationship and the |
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| father-child relationship.
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| (15) "Paternity index" means the likelihood of |
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| paternity calculated by computing the ratio between:
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| (A) the likelihood that the tested man is the |
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| father, based on the genetic markers of the tested man, |
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| mother, and child, conditioned on the hypothesis that |
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| the tested man is the father of the child; and
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| (B) the likelihood that the tested man is not the |
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| father, based on the genetic markers of the tested man, |
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| mother, and child, conditioned on the hypothesis that |
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| the tested man is not the father of the child and that |
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| the father is of the same ethnic or racial group as the |
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| tested man.
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| (16) "Presumed father" means a man who, by operation of |
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| law under Section 204, is recognized as the father of a |
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| child until that status is rebutted or confirmed in a |
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| judicial proceeding.
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| (17) "Probability of paternity" means the measure, for |
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| the ethnic or racial group to which the alleged father |
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| belongs, of the probability that the man in question is the |
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| father of the child, compared with a random, unrelated man |
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| of the same ethnic or racial group, expressed as a |
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| percentage incorporating the paternity index and a prior |
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| probability.
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| (18) "Record" means information that is inscribed on a |
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| tangible medium or that is stored in an electronic or other |
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| medium and is retrievable in perceivable form.
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| (19) "Signatory" means an individual who authenticates |
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| a record and is bound by its terms.
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| (20) "State" means a State of the United States, the |
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| District of Columbia, Puerto Rico, the United States Virgin |
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| Islands, or any territory or insular possession subject to |
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| the jurisdiction of the United States.
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| (21) "Support-enforcement agency" means a public |
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| official or agency authorized to seek:
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| (A) enforcement of support orders or laws relating |
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| to the duty of support;
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| (B) establishment or modification of child |
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| support;
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| (C) determination of parentage; or
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| (D) location of child-support obligors and their |
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| income and assets.
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| Section 103. Scope of Act; choice of law. |
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| (a) This Act applies to determination of parentage in this |
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| State.
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| (b) The court shall apply the law of this State to |
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| adjudicate the parent-child relationship. The applicable law |
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| does not depend on:
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| (1) the place of birth of the child; or
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| (2) the past or present residence of the child.
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| (c) This Act does not create, enlarge, or diminish parental |
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| rights or duties under other law of this State.
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| (d) This Act does not authorize or prohibit an agreement |
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| between a woman and a man and another woman in which the woman |
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| relinquishes all rights as a parent of a child conceived by |
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| means of assisted reproduction, and which provides that the man |
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| and other woman become the parents of the child. If a birth |
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| results under such an agreement and the agreement is |
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| unenforceable under the law of this State, the parent-child |
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| relationship is determined as provided in Article 2.
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| Section 104. Court of this State. The circuit court is |
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| authorized to adjudicate parentage under this Act. |
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| Section 105. Protection of participants. Proceedings under |
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| this Act are subject to other law of this State governing the |
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| health, safety, privacy, and liberty of a child or other |
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| individual who could be jeopardized by disclosure of |
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| identifying information, including address, telephone number, |
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| place of employment, social security number, and the child's |
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| day-care facility and school. |
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| Section 106. Determination of maternity. Provisions of |
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| this Act relating to determination of paternity apply to |
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| determination of maternity. |
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| ARTICLE 2. PARENT-CHILD RELATIONSHIP |
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| Section 201. Establishment of parent-child relationship.
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| (a) The mother-child relationship is established between a |
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| woman and a child by:
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| (1) the woman's having given birth to the child, except |
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| as otherwise provided in Article 8;
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| (2) an adjudication of the woman's maternity;
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| (3) adoption of the child by the woman; or
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| (4) an adjudication confirming the woman as a parent of |
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| a child born to a gestational mother if the agreement was |
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| validated under Article 8 or is enforceable under other |
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| law.
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| (b) The father-child relationship is established between a |
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| man and a child by:
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| (1) an unrebutted presumption of the man's paternity of |
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| the child under Section 204;
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| (2) an effective acknowledgment of paternity by the man |
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| under Article 3, unless the acknowledgment has been |
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| rescinded or successfully challenged;
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| (3) an adjudication of the man's paternity;
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| (4) adoption of the child by the man; |
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| (5) the man's having consented to assisted |
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| reproduction by a woman under Article 7 which resulted in |
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LRB094 11316 DRJ 42141 b |
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| the birth of the child; or
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| (6) an adjudication confirming the man as a parent of a |
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| child born to a gestational mother if the agreement was |
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| validated under Article 8 or is enforceable under other |
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| law.
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| Section 202. No discrimination based on marital status. A |
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| child born to parents who are not married to each other has the |
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| same rights under the law as a child born to parents who are |
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| married to each other. |
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| Section 203. Consequences of establishment of parentage. |
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| Unless parental rights are terminated, a parent-child |
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| relationship established under this Act applies for all |
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| purposes, except as otherwise specifically provided by other |
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| law of this State. |
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| Section 204. Presumption of paternity.
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| (a) A man is presumed to be the father of a child if:
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| (1) he and the mother of the child are married to each |
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| other and the child is born during the marriage;
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| (2) he and the mother of the child were married to each |
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| other and the child is born within 300 days after the |
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| marriage is terminated by death, annulment, declaration of |
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| invalidity, judgment of dissolution, or divorce, or after a |
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| judgment of legal separation or decree of separation;
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| (3) before the birth of the child, he and the mother of |
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| the child married each other in apparent compliance with |
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| law, even if the attempted marriage is or could be declared |
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| invalid, and the child is born during the invalid marriage |
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| or within 300 days after its termination by death, |
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| annulment, declaration of invalidity, judgment of |
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| dissolution, or divorce, or after a judgment of legal |
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| separation or decree of separation;
or |
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| (4) after the birth of the child, he and the mother of |
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| the child married each other in apparent compliance with |
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LRB094 11316 DRJ 42141 b |
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| law, whether or not the marriage is or could be declared |
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| invalid, and he voluntarily asserted his paternity of the |
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| child, and:
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| (A) the assertion is in a record filed with the |
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| Illinois Department of Public Health or the Illinois |
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| Department of Public Aid as provided by other law of |
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| this State; |
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| (B) he agreed to be and is named as the child's |
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| father on the child's birth certificate; or
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| (C) he promised in a record to support the child as |
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| his own. |
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| (5) (Blank).
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| (b) A presumption of paternity established under this |
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| Section may be rebutted only by an adjudication under Article |
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| 6.
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| ARTICLE 3. VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY |
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| Section 301. Acknowledgment of paternity. The mother of a |
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| child and a man claiming to be the genetic father of the child |
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| may sign an acknowledgment of paternity with intent to |
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| establish the man's paternity. |
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| Section 302. Execution of acknowledgment of paternity.
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| (a) An acknowledgment of paternity must:
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| (1) be in a record;
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| (2) be signed, or otherwise authenticated, under |
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| penalty of perjury by the mother and by the man seeking to |
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| establish his paternity;
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| (3) state that the child whose paternity is being |
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| acknowledged:
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| (A) does not have a presumed father, or has a |
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| presumed father whose full name is stated; and
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| (B) does not have another acknowledged or |
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| adjudicated father;
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| (4) state whether there has been genetic testing and, |
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| if so, that the acknowledging man's claim of paternity is |
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| consistent with the results of the testing; and
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| (5) state that the signatories understand that the |
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| acknowledgment is the equivalent of a judicial |
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| adjudication of paternity of the child and that a challenge |
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| to the acknowledgment is permitted only under limited |
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| circumstances and is barred after two years.
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| (b) An acknowledgment of paternity is void if it:
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| (1) states that another man is a presumed father, |
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| unless a denial of paternity signed or otherwise |
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| authenticated by the presumed father is filed with the |
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| Illinois Department of Public or the Illinois Department of |
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| Public Aid, as provided by other law of this State;
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| (2) states that another man is an acknowledged or |
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| adjudicated father; or
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| (3) falsely denies the existence of a presumed, |
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| acknowledged, or adjudicated father of the child.
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| (c) A presumed father may sign or otherwise authenticate an |
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| acknowledgment of paternity.
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| Section 303. Denial of paternity. A presumed father may |
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| sign a denial of his paternity. The denial is valid only if:
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| (1) an acknowledgment of paternity signed, or |
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| otherwise authenticated, by another man is filed pursuant |
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| to Section 305;
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| (2) the denial is in a record, and is signed, or |
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| otherwise authenticated, under penalty of perjury; and
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| (3) the presumed father has not previously:
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| (A) acknowledged his paternity, unless the |
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| previous acknowledgment has been rescinded pursuant to |
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| Section 307 or successfully challenged pursuant to |
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| Section 308; or
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| (B) been adjudicated to be the father of the child.
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| Section 304. Rules for acknowledgment and denial of |
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| paternity.
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| (a) An acknowledgment of paternity and a denial of |
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| paternity may be contained in a single document or may be |
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| signed in counterparts, and may be filed separately or |
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| simultaneously. If the acknowledgement and denial are both |
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| necessary, neither is valid until both are filed.
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| (b) An acknowledgment of paternity or a denial of paternity |
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| may be signed before the birth of the child.
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| (c) Subject to subsection (a), an acknowledgment of |
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| paternity or denial of paternity takes effect on the birth of |
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| the child or the filing of the document with the Illinois |
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| Department of Public Health or the Illinois Department of |
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| Public Aid, as provided by other law of this State, whichever |
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| occurs later.
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| (d) An acknowledgment of paternity or denial of paternity |
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| signed by a minor is valid if it is otherwise in compliance |
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| with this Act.
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| Section 305. Effect of acknowledgment or denial of |
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| paternity.
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| (a) Except as otherwise provided in Sections 307 and 308, a |
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| valid acknowledgment of paternity filed with the Illinois |
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| Department of Public Health or the Illinois Department of |
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| Public Aid, as provided by other law of this State, is |
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| equivalent to an adjudication of paternity of a child and |
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| confers upon the acknowledged father all of the rights and |
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| duties of a parent.
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| (b) Except as otherwise provided in Sections 307 and 308, a |
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| valid denial of paternity by a presumed father filed with the |
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| Illinois Department of Public Health or the Illinois Department |
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| of Public Aid, as provided by other law of this State, in |
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| conjunction with a valid acknowledgment of paternity is |
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| equivalent to an adjudication of the nonpaternity of the |
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| presumed father and discharges the presumed father from all |
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| rights and duties of a parent.
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| Section 306. No filing fee. Neither the Illinois Department |
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LRB094 11316 DRJ 42141 b |
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| of Public Health nor the Illinois Department of Public Aid may |
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| charge for filing an acknowledgment of paternity or denial of |
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| paternity. |
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| Section 307. Proceeding for rescission. A signatory may |
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| rescind an acknowledgment of paternity or denial of paternity |
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| by commencing a proceeding to rescind before the earlier of:
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| (1) 60 days after the effective date of the |
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| acknowledgment or denial, as provided in Section 304; or
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| (2) the date of the first hearing, in a proceeding to |
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| which the signatory is a party, before a court to |
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| adjudicate an issue relating to the child, including a |
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| proceeding that establishes support.
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| Section 308. Challenge after expiration of period for |
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| rescission.
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| (a) After the period for rescission under Section 307 has |
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| expired, a signatory of an acknowledgment of paternity or |
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| denial of paternity may commence a proceeding to challenge the |
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| acknowledgment or denial only:
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| (1) on the basis of fraud, duress, or material mistake |
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| of fact; and
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| (2) within two years after the acknowledgment or denial |
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| is filed with the Illinois Department of Public Health or |
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| the Illinois Department of Public Aid, as provided by other |
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| law of this State.
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| (b) A party challenging an acknowledgment of paternity or |
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| denial of paternity has the burden of proof.
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| Section 309. Procedure for rescission or challenge.
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| (a) Every signatory to an acknowledgment of paternity and |
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| any related denial of paternity must be made a party to a |
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| proceeding to rescind or challenge the acknowledgment or |
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| denial.
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| (b) For the purpose of rescission of, or challenge to, an |
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| acknowledgment of paternity or denial of paternity, a signatory |
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| submits to personal jurisdiction of this State by signing the |
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| acknowledgment or denial, effective upon the filing of the |
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| document with the Illinois Department of Public Health or the |
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| Illinois Department of Public Aid, as provided by other law of |
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| this State.
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| (c) Except for good cause shown, during the pendency of a |
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| proceeding to rescind or challenge an acknowledgment of |
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| paternity or denial of paternity, the court may not suspend the |
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| legal responsibilities of a signatory arising from the |
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| acknowledgment, including the duty to pay child support.
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| (d) A proceeding to rescind or to challenge an |
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| acknowledgment of paternity or denial of paternity must be |
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| conducted in the same manner as a proceeding to adjudicate |
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| parentage under Article 6.
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| (e) At the conclusion of a proceeding to rescind or |
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| challenge an acknowledgment of paternity or denial of |
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| paternity, the court shall order the Illinois Department of |
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| Public Health to amend the birth record of the child, if |
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| appropriate.
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| Section 310. Ratification barred. A court or |
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| administrative proceeding is not required or permitted to |
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| ratify an unchallenged acknowledgment of paternity. |
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| Section 311. Full faith and credit. A court of this State |
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| shall give full faith and credit to an acknowledgment of |
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| paternity or denial of paternity effective in another state if |
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| the acknowledgment or denial has been signed and is otherwise |
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| in compliance with the law of the other state. |
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| Section 312. Forms for acknowledgment and denial of |
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| paternity. |
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| (a) To facilitate compliance with this Article, the |
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| Illinois Department of Public Health or the Illinois Department |
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| of Public Aid, as provided by other law of this State, shall |
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| prescribe forms for the acknowledgment of paternity and the |
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| denial of paternity.
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| (b) A valid acknowledgment of paternity or denial of |
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| paternity is not affected by a later modification of the |
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| prescribed form. |
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| Section 313. Release of information. The Illinois |
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| Department of Public Health and the Illinois Department of |
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| Public Aid may release information relating to the |
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| acknowledgment of paternity or denial of paternity to a |
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| signatory of the acknowledgment or denial and to courts and |
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| appropriate state or federal agencies of this or another state. |
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| Section 314. Adoption of rules. The Illinois Department of |
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| Public Health and the Illinois Department of Public Aid may |
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| adopt rules to implement this Article. |
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| ARTICLE 4. REGISTRY OF PATERNITY |
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| PART 1. GENERAL PROVISIONS |
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| Section 401. Establishment of registry. A registry of |
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| paternity is established in the Illinois Department of Children |
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| and Family Services. |
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| Section 402. Registration for notification.
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| (a) Except as otherwise provided in subsection (b) or |
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| Section 405, a man who desires to be notified of a proceeding |
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| for adoption of, or termination of parental rights regarding, a |
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| child that he may have fathered must register in the registry |
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| of paternity before the birth of the child or within 30 days |
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| after the birth. |
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| (b) A man is not required to register if:
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| (1) a father-child relationship between the man and the |
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| child has been established under this Act or other law; or
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| (2) the man commences a proceeding to adjudicate his |
30 |
| paternity before the court has terminated his parental |
|
|
|
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LRB094 11316 DRJ 42141 b |
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| rights.
|
2 |
| (c) A registrant shall promptly notify the registry in a |
3 |
| record of any change in the information registered. The |
4 |
| Illinois Department of Children and Family Services shall |
5 |
| incorporate all new information received into its records but |
6 |
| need not affirmatively seek to obtain current information for |
7 |
| incorporation in the registry.
|
8 |
| Section 403. Notice of proceeding. Notice of a proceeding |
9 |
| for the adoption of, or termination of parental rights |
10 |
| regarding, a child must be given to a registrant who has timely |
11 |
| registered. Notice must be given in a manner prescribed for |
12 |
| service of process in a civil action. |
13 |
| Section 404. Termination of parental rights: child under |
14 |
| under one year of age. The parental rights of a man who may be |
15 |
| the father of a child may be terminated without notice if:
|
16 |
| (1) the child has not attained one year of age at the |
17 |
| time of the termination of parental rights;
|
18 |
| (2) the man did not register timely with the Illinois |
19 |
| Department of Children and Family Services; and
|
20 |
| (3) the man is not exempt from registration under |
21 |
| Section 402.
|
22 |
| Section 405. Termination of parental rights: child at least |
23 |
| one year of age.
|
24 |
| (a) If a child has attained one year of age, notice of a |
25 |
| proceeding for adoption of, or termination of parental rights |
26 |
| regarding, the child must be given to every alleged father of |
27 |
| the child, whether or not he has registered with the Illinois |
28 |
| Department of Children and Family Services.
|
29 |
| (b) Notice must be given in a manner prescribed for service |
30 |
| of process in a civil action.
|
31 |
| PART 2. OPERATION OF REGISTRY |
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LRB094 11316 DRJ 42141 b |
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| Section 411. Required form. The Illinois Department of |
2 |
| Children and Family Services shall prepare a form for |
3 |
| registering with the agency. The form must require the |
4 |
| signature of the registrant. The form must state that the form |
5 |
| is signed under penalty of perjury. The form must also state |
6 |
| that:
|
7 |
| (1) a timely registration entitles the registrant to |
8 |
| notice of a proceeding for adoption of the child or |
9 |
| termination of the registrant's parental rights;
|
10 |
| (2) a timely registration does not commence a |
11 |
| proceeding to establish paternity;
|
12 |
| (3) the information disclosed on the form may be used |
13 |
| against the registrant to establish paternity;
|
14 |
| (4) services to assist in establishing paternity are |
15 |
| available to the registrant through the |
16 |
| support-enforcement agency;
|
17 |
| (5) the registrant should also register in another |
18 |
| state if conception or birth of the child occurred in the |
19 |
| other state;
|
20 |
| (6) information on registries of other states is |
21 |
| available from the Illinois Department of Children and |
22 |
| Family Services; and
|
23 |
| (7) procedures exist to rescind the registration of a |
24 |
| claim of paternity.
|
25 |
| Section 412. Furnishing of information; confidentiality. |
26 |
| (a) The Illinois Department of Children and Family |
27 |
| Services need not seek to locate the mother of a child who is |
28 |
| the subject of a registration, but the Department shall send a |
29 |
| copy of the notice of registration to a mother if she has |
30 |
| provided an address.
|
31 |
| (b) Information contained in the registry is confidential |
32 |
| and may be released on request only to:
|
33 |
| (1) a court or a person designated by the court;
|
34 |
| (2) the mother of the child who is the subject of the |
35 |
| registration;
|
|
|
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LRB094 11316 DRJ 42141 b |
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| (3) an agency authorized by other law to receive the |
2 |
| information;
|
3 |
| (4) a licensed child-placing agency;
|
4 |
| (5) a support-enforcement agency;
|
5 |
| (6) a party or the party's attorney of record in a |
6 |
| proceeding under this Act or in a proceeding for adoption |
7 |
| of, or for termination of parental rights regarding, a |
8 |
| child who is the subject of the registration; and
|
9 |
| (7) the registry of paternity in another state.
|
10 |
| Section 413. Penalty for releasing information. An |
11 |
| individual commits a Class B misdemeanor if the individual |
12 |
| intentionally releases information from the registry to |
13 |
| another individual or agency not authorized to receive the |
14 |
| information under Section 412. |
15 |
| Section 414. Rescission of registration. A registrant may |
16 |
| rescind his registration at any time by sending to the registry |
17 |
| a rescission in a record signed or otherwise authenticated by |
18 |
| him, and witnessed or notarized. |
19 |
| Section 415. Untimely registration. If a man registers more |
20 |
| than 30 days after the birth of the child, the Illinois |
21 |
| Department of Children and Family Services shall notify the |
22 |
| registrant that on its face his registration was not filed |
23 |
| timely. |
24 |
| Section 416. Fees for registry.
|
25 |
| (a) A fee may not be charged for filing a registration or a |
26 |
| rescission of registration.
|
27 |
| (b) Except as otherwise provided in subsection (c), the |
28 |
| Illinois Department of Children and Family Services may charge |
29 |
| a reasonable fee for making a search of the registry and for |
30 |
| furnishing a certificate.
|
31 |
| (c) A support-enforcement agency and other appropriate |
32 |
| agencies, if any, are not required to pay a fee authorized by |
|
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|
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LRB094 11316 DRJ 42141 b |
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| subsection (b).
|
2 |
| PART 3. SEARCH OF REGISTRIES |
3 |
| Section 421. Search of appropriate registry. |
4 |
| (a) If a father-child relationship has not been established |
5 |
| under this Act for a child under one year of age, a petitioner |
6 |
| for adoption of, or termination of parental rights regarding, |
7 |
| the child, must obtain a certificate of search of the registry |
8 |
| of paternity.
|
9 |
| (b) If a petitioner for adoption of, or termination of |
10 |
| parental rights regarding, a child has reason to believe that |
11 |
| the conception or birth of the child may have occurred in |
12 |
| another state, the petitioner must also obtain a certificate of |
13 |
| search from the registry of paternity, if any, in that state.
|
14 |
| Section 422. Certificate of search of registry. |
15 |
| (a) The Illinois Department of Children and Family Services |
16 |
| shall furnish to the requester a certificate of search of the |
17 |
| registry on request of an individual, court, or agency |
18 |
| identified in Section 412.
|
19 |
| (b) A certificate provided by the Illinois Department of |
20 |
| Children and Family Services must be signed on behalf of the |
21 |
| State that:
|
22 |
| (1) a search has been made of the registry; and
|
23 |
| (2) a registration containing the information required |
24 |
| to identify the registrant:
|
25 |
| (A) has been found and is attached to the |
26 |
| certificate of search; or
|
27 |
| (B) has not been found.
|
28 |
| (c) A petitioner must file the certificate of search with |
29 |
| the court before a proceeding for adoption of, or termination |
30 |
| of parental rights regarding, a child may be concluded.
|
31 |
| ARTICLE 5. GENETIC TESTING |
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LRB094 11316 DRJ 42141 b |
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| Section 501. Scope of Article. This Article governs genetic |
2 |
| testing of an individual to determine parentage, whether the |
3 |
| individual:
|
4 |
| (1) voluntarily submits to testing; or
|
5 |
| (2) is tested pursuant to an order of the court or a |
6 |
| support-enforcement agency.
|
7 |
| Section 502. Order for testing. |
8 |
| (a) Except as otherwise provided in this Article and |
9 |
| Article 6, the court shall order the child and other designated |
10 |
| individuals to submit to genetic testing if the request for |
11 |
| testing is supported by the sworn statement of a party to the |
12 |
| proceeding:
|
13 |
| (1) alleging paternity and stating facts establishing |
14 |
| a reasonable probability of the requisite sexual contact |
15 |
| between the individuals; or
|
16 |
| (2) denying paternity and stating facts establishing a |
17 |
| possibility that sexual contact between the individuals, |
18 |
| if any, did not result in the conception of the child.
|
19 |
| (b) A support-enforcement agency may order genetic testing |
20 |
| only if there is no presumed, acknowledged, or adjudicated |
21 |
| father.
|
22 |
| (c) If a request for genetic testing of a child is made |
23 |
| before birth, the court or support-enforcement agency may not |
24 |
| order in-utero testing.
|
25 |
| (d) If two or more men are subject to court-ordered genetic |
26 |
| testing, the testing may be ordered concurrently or |
27 |
| sequentially.
|
28 |
| Section 503. Requirements for genetic testing.
|
29 |
| (a) Genetic testing must be of a type reasonably relied |
30 |
| upon by experts in the field of genetic testing and performed |
31 |
| in a testing laboratory accredited by:
|
32 |
| (1) the American Association of Blood Banks, or a |
33 |
| successor to its functions;
|
34 |
| (2) the American Society for Histocompatibility and |
|
|
|
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LRB094 11316 DRJ 42141 b |
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| Immunogenetics, or a successor to its functions; or
|
2 |
| (3) an accrediting body designated by the federal |
3 |
| Secretary of Health and Human Services.
|
4 |
| (b) A specimen used in genetic testing may consist of one |
5 |
| or more samples, or a combination of samples, of blood, buccal |
6 |
| cells, bone, hair, or other body tissue or fluid. The specimen |
7 |
| used in the testing need not be of the same kind for each |
8 |
| individual undergoing genetic testing.
|
9 |
| (c) Based on the ethnic or racial group of an individual, |
10 |
| the testing laboratory shall determine the databases from which |
11 |
| to select frequencies for use in calculation of the probability |
12 |
| of paternity. If there is disagreement as to the testing |
13 |
| laboratory's choice, the following rules apply:
|
14 |
| (1) The individual objecting may require the testing |
15 |
| laboratory, within 30 days after receipt of the report of |
16 |
| the test, to recalculate the probability of paternity using |
17 |
| an ethnic or racial group different from that used by the |
18 |
| laboratory.
|
19 |
| (2) The individual objecting to the testing |
20 |
| laboratory's initial choice shall:
|
21 |
| (A) if the frequencies are not available to the |
22 |
| testing laboratory for the ethnic or racial group |
23 |
| requested, provide the requested frequencies compiled |
24 |
| in a manner recognized by accrediting bodies; or
|
25 |
| (B) engage another testing laboratory to perform |
26 |
| the calculations.
|
27 |
| (3) The testing laboratory may use its own statistical |
28 |
| estimate if there is a question regarding which ethnic or |
29 |
| racial group is appropriate. If available, the testing |
30 |
| laboratory shall calculate the frequencies using |
31 |
| statistics for any other ethnic or racial group requested.
|
32 |
| (d) If, after recalculation using a different ethnic or |
33 |
| racial group, genetic testing does not rebuttably identify a |
34 |
| man as the father of a child under Section 505, an individual |
35 |
| who has been tested may be required to submit to additional |
36 |
| genetic testing.
|
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LRB094 11316 DRJ 42141 b |
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| Section 504. Report of genetic testing.
|
2 |
| (a) A report of genetic testing must be in a record and |
3 |
| signed under penalty of perjury by a designee of the testing |
4 |
| laboratory. A report made under the requirements of this |
5 |
| Article is self-authenticating.
|
6 |
| (b) Documentation from the testing laboratory of the |
7 |
| following information is sufficient to establish a reliable |
8 |
| chain of custody that allows the results of genetic testing to |
9 |
| be admissible without testimony:
|
10 |
| (1) the names and photographs of the individuals whose |
11 |
| specimens have been taken;
|
12 |
| (2) the names of the individuals who collected the |
13 |
| specimens;
|
14 |
| (3) the places and dates the specimens were collected;
|
15 |
| (4) the names of the individuals who received the |
16 |
| specimens in the testing laboratory; and
|
17 |
| (5) the dates the specimens were received.
|
18 |
| Section 505. Genetic testing results; rebuttal.
|
19 |
| (a) Under this Act, a man is rebuttably identified as the |
20 |
| father of a child if the genetic testing complies with this |
21 |
| Article and the results disclose that:
|
22 |
| (1) the man has at least a 99 percent probability of |
23 |
| paternity, using a prior probability of 0.50, as calculated |
24 |
| by using the combined paternity index obtained in the |
25 |
| testing; and
|
26 |
| (2) a combined paternity index of at least 100 to 1.
|
27 |
| (b) A man identified under subsection (a) as the father of |
28 |
| the child may rebut the genetic testing results only by other |
29 |
| genetic testing satisfying the requirements of this Article |
30 |
| which:
|
31 |
| (1) excludes the man as a genetic father of the child; |
32 |
| or
|
33 |
| (2) identifies another man as the possible father of |
34 |
| the child.
|
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LRB094 11316 DRJ 42141 b |
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| (c) Except as otherwise provided in Section 510, if more |
2 |
| than one man is identified by genetic testing as the possible |
3 |
| father of the child, the court shall order them to submit to |
4 |
| further genetic testing to identify the genetic father.
|
5 |
| Section 506. Costs of genetic testing. |
6 |
| (a) Subject to assessment of costs under Article 6, the |
7 |
| cost of initial genetic testing must be advanced:
|
8 |
| (1) by a support-enforcement agency in a proceeding in |
9 |
| which the support-enforcement agency is providing |
10 |
| services;
|
11 |
| (2) by the individual who made the request;
|
12 |
| (3) as agreed by the parties; or |
13 |
| (4) as ordered by the court.
|
14 |
| (b) In cases in which the cost is advanced by the |
15 |
| support-enforcement agency, the agency may seek reimbursement |
16 |
| from a man who is rebuttably identified as the father.
|
17 |
| Section 507. Additional genetic testing. The court or the |
18 |
| support-enforcement agency shall order additional genetic |
19 |
| testing upon the request of a party who contests the result of |
20 |
| the original testing. If the previous genetic testing |
21 |
| identified a man as the father of the child under Section 505, |
22 |
| the court or agency may not order additional testing unless the |
23 |
| party provides advance payment for the testing. |
24 |
| Section 508. Genetic testing when specimens not available. |
25 |
| (a) Subject to subsection (b), if a genetic-testing |
26 |
| specimen is not available from a man who may be the father of a |
27 |
| child, for good cause and under circumstances the court |
28 |
| considers to be just, the court may order the following |
29 |
| individuals to submit specimens for genetic testing:
|
30 |
| (1) the parents of the man;
|
31 |
| (2) brothers and sisters of the man;
|
32 |
| (3) other children of the man and their mothers; and
|
33 |
| (4) other relatives of the man necessary to complete |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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| genetic testing.
|
2 |
| (b) Issuance of an order under this Section requires a |
3 |
| finding that a need for genetic testing outweighs the |
4 |
| legitimate interests of the individual sought to be tested.
|
5 |
| Section 509. Deceased individual. For good cause shown, the |
6 |
| court may order genetic testing of a deceased individual. |
7 |
| Section 510. Identical brothers. |
8 |
| (a) The court may order genetic testing of a brother of a |
9 |
| man identified as the father of a child if the man is commonly |
10 |
| believed to have an identical brother and evidence suggests |
11 |
| that the brother may be the genetic father of the child.
|
12 |
| (b) If each brother satisfies the requirements as the |
13 |
| identified father of the child under Section 505 without |
14 |
| consideration of another identical brother being identified as |
15 |
| the father of the child, the court may rely on nongenetic |
16 |
| evidence to adjudicate which brother is the father of the |
17 |
| child.
|
18 |
| Section 511. Confidentiality of genetic testing.
|
19 |
| (a) Release of the report of genetic testing for parentage |
20 |
| is controlled by the Genetic Information Privacy Act.
|
21 |
| (b) An individual who intentionally releases an |
22 |
| identifiable specimen of another individual for any purpose |
23 |
| other than that relevant to the proceeding regarding parentage |
24 |
| without a court order or the written permission of the |
25 |
| individual who furnished the specimen commits a Class B |
26 |
| misdemeanor.
|
27 |
| ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE |
28 |
| PART 1. NATURE OF PROCEEDING |
29 |
| Section 601. Proceeding authorized. A civil proceeding may |
30 |
| be maintained to adjudicate the parentage of a child. The |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| proceeding is governed by the Code of Civil Procedure.
|
2 |
| Section 602. Standing to maintain proceeding. Subject to |
3 |
| Article 3 and Sections 607 and 609, a proceeding to adjudicate |
4 |
| parentage may be maintained by:
|
5 |
| (1) the child;
|
6 |
| (2) the mother of the child;
|
7 |
| (3) a man whose paternity of the child is to be |
8 |
| adjudicated;
|
9 |
| (4) the support-enforcement agency or other |
10 |
| governmental agency authorized by other law;
|
11 |
| (5) an authorized adoption agency or licensed |
12 |
| child-placing agency;
|
13 |
| (6) a representative authorized by law to act for an |
14 |
| individual who would otherwise be entitled to maintain a |
15 |
| proceeding but who is deceased, incapacitated, or a minor; |
16 |
| or
|
17 |
| (7) an intended parent under Article 8. |
18 |
| Section 603. Parties to proceeding. The following |
19 |
| individuals must be joined as parties in a proceeding to |
20 |
| adjudicate parentage:
|
21 |
| (1) the mother of the child; and
|
22 |
| (2) a man whose paternity of the child is to be |
23 |
| adjudicated.
|
24 |
| Section 604. Personal jurisdiction. |
25 |
| (a) An individual may not be adjudicated to be a parent |
26 |
| unless the court has personal jurisdiction over the individual.
|
27 |
| (b) A court of this State having jurisdiction to adjudicate |
28 |
| parentage may exercise personal jurisdiction over a |
29 |
| nonresident individual, or the guardian or conservator of the |
30 |
| individual, if the conditions prescribed in Section 201 of the |
31 |
| Uniform Interstate Family Support Act are fulfilled.
|
32 |
| (c) Lack of jurisdiction over one individual does not |
33 |
| preclude the court from making an adjudication of parentage |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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| binding on another individual over whom the court has personal |
2 |
| jurisdiction.
|
3 |
| Section 605. Venue. Venue for a proceeding to adjudicate |
4 |
| parentage is in the county of this State in which:
|
5 |
| (1) the child resides or is found;
|
6 |
| (2) the respondent resides or is found if the child |
7 |
| does not reside in this State; or
|
8 |
| (3) a proceeding for probate or administration of the |
9 |
| presumed or alleged father's estate has been commenced.
|
10 |
| Section 606. No limitation: child having no presumed, |
11 |
| acknowledged, or adjudicated father. A proceeding to |
12 |
| adjudicate the parentage of a child having no presumed, |
13 |
| acknowledged, or adjudicated father may be commenced at any |
14 |
| time, even after:
|
15 |
| (1) the child becomes an adult, but only if the child |
16 |
| initiates the proceeding; or
|
17 |
| (2) an earlier proceeding to adjudicate paternity has |
18 |
| been dismissed based on the application of a statute of |
19 |
| limitation then in effect.
|
20 |
| Section 607. Limitation: child having presumed father. |
21 |
| (a) Except as otherwise provided in subsection (b), a |
22 |
| proceeding brought by a presumed father, the mother, or another |
23 |
| individual to adjudicate the parentage of a child having a |
24 |
| presumed father must be commenced not later than two years |
25 |
| after the birth of the child.
|
26 |
| (b) A proceeding seeking to disprove the father-child |
27 |
| relationship between a child and the child's presumed father |
28 |
| may be maintained at any time if the court determines that:
|
29 |
| (1) the presumed father and the mother of the child |
30 |
| neither cohabited nor engaged in sexual intercourse with |
31 |
| each other during the probable time of conception; and
|
32 |
| (2) the presumed father never openly held out the child |
33 |
| as his own.
|
|
|
|
HB3618 |
- 24 - |
LRB094 11316 DRJ 42141 b |
|
|
1 |
| Section 608. Authority to deny motion for genetic testing.
|
2 |
| (a) In a proceeding to adjudicate the parentage of a child |
3 |
| having a presumed father or to challenge the paternity of a |
4 |
| child having an acknowledged father, the court may deny a |
5 |
| motion seeking an order for genetic testing of the mother, the |
6 |
| child, and the presumed or acknowledged father if the court |
7 |
| determines that:
|
8 |
| (1) the conduct of the mother or the presumed or |
9 |
| acknowledged father stops that party from denying |
10 |
| parentage; and
|
11 |
| (2) it would be inequitable to disprove the |
12 |
| father-child relationship between the child and the |
13 |
| presumed or acknowledged father.
|
14 |
| (b) In determining whether to deny a motion seeking an |
15 |
| order for genetic testing under this Section, the court shall |
16 |
| consider the best interest of the child, including the |
17 |
| following factors:
|
18 |
| (1) the length of time between the proceeding to |
19 |
| adjudicate parentage and the time that the presumed or |
20 |
| acknowledged father was placed on notice that he might not |
21 |
| be the genetic father;
|
22 |
| (2) the length of time during which the presumed or |
23 |
| acknowledged father has assumed the role of father of the |
24 |
| child;
|
25 |
| (3) the facts surrounding the presumed or acknowledged |
26 |
| father's discovery of his possible nonpaternity;
|
27 |
| (4) the nature of the relationship between the child |
28 |
| and the presumed or acknowledged father;
|
29 |
| (5) the age of the child;
|
30 |
| (6) the harm that may result to the child if presumed |
31 |
| or acknowledged paternity is successfully disproved;
|
32 |
| (7) the nature of the relationship between the child |
33 |
| and any alleged father;
|
34 |
| (8) the extent to which the passage of time reduces the |
35 |
| chances of establishing the paternity of another man and a |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| child-support obligation in favor of the child; and
|
2 |
| (9) other factors that may affect the equities arising |
3 |
| from the disruption of the father-child relationship |
4 |
| between the child and the presumed or acknowledged father |
5 |
| or the chance of other harm to the child.
|
6 |
| (c) In a proceeding involving the application of this |
7 |
| Section, a minor or incapacitated child must be represented by |
8 |
| a guardian ad litem.
|
9 |
| (d) Denial of a motion seeking an order for genetic testing |
10 |
| must be based on clear and convincing evidence.
|
11 |
| (e) If the court denies a motion seeking an order for |
12 |
| genetic testing, it shall issue an order adjudicating the |
13 |
| presumed or acknowledged father to be the father of the child.
|
14 |
| Section 609. Limitation: child having acknowledged or |
15 |
| adjudicated father.
|
16 |
| (a) If a child has an acknowledged father, a signatory to |
17 |
| the acknowledgment of paternity or denial of paternity may |
18 |
| commence a proceeding seeking to rescind the acknowledgement or |
19 |
| denial or challenge the paternity of the child only within the |
20 |
| time allowed under Section 307 or 308.
|
21 |
| (b) If a child has an acknowledged father or an adjudicated |
22 |
| father, an individual, other than the child, who is neither a |
23 |
| signatory to the acknowledgment of paternity nor a party to the |
24 |
| adjudication and who seeks an adjudication of paternity of the |
25 |
| child must commence a proceeding not later than two years after |
26 |
| the effective date of the acknowledgment or adjudication.
|
27 |
| (c) A proceeding under this Section is subject to the |
28 |
| application of the principles of estoppel established in |
29 |
| Section 608.
|
30 |
| Section 610. Joinder of proceedings. |
31 |
| (a) Except as otherwise provided in subsection (b), a |
32 |
| proceeding to adjudicate parentage may be joined with a |
33 |
| proceeding for adoption, termination of parental rights, child |
34 |
| custody or visitation, child support, dissolution of marriage, |
|
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| divorce, annulment, legal separation or separate maintenance, |
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| probate or administration of an estate, or other appropriate |
3 |
| proceeding.
|
4 |
| (b) A respondent may not join a proceeding described in |
5 |
| subsection (a) with a proceeding to adjudicate parentage |
6 |
| brought under the Uniform Interstate Family Support Act.
|
7 |
| Section 611. Proceeding before birth. A proceeding to |
8 |
| determine parentage may be commenced before the birth of the |
9 |
| child, but may not be concluded until after the birth of the |
10 |
| child. The following actions may be taken before the birth of |
11 |
| the child:
|
12 |
| (1) service of process;
|
13 |
| (2) discovery; and
|
14 |
| (3) except as prohibited by Section 502, collection of |
15 |
| specimens for genetic testing.
|
16 |
| Section 612. Child as party; representation.
|
17 |
| (a) A minor child is a permissible party, but is not a |
18 |
| necessary party to a proceeding under this Article.
|
19 |
| (b) The court shall appoint a guardian ad litem to |
20 |
| represent a minor or incapacitated child if the child is a |
21 |
| party or the court finds that the interests of the child are |
22 |
| not adequately represented.
|
23 |
| PART 2. SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE |
24 |
| Section 621. Admissibility of results of genetic testing; |
25 |
| expenses. |
26 |
| (a) Except as otherwise provided in subsection (c), a |
27 |
| record of a genetic-testing expert is admissible as evidence of |
28 |
| the truth of the facts asserted in the report unless a party |
29 |
| objects to its admission within 14 days after its receipt by |
30 |
| the objecting party and cites specific grounds for exclusion. |
31 |
| The admissibility of the report is not affected by whether the |
32 |
| testing was performed:
|
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| (1) voluntarily or pursuant to an order of the court or |
2 |
| a support-enforcement agency; or
|
3 |
| (2) before or after the commencement of the proceeding.
|
4 |
| (b) A party objecting to the results of genetic testing may |
5 |
| call one or more genetic-testing experts to testify in person |
6 |
| or by telephone, videoconference, deposition, or another |
7 |
| method approved by the court. Unless otherwise ordered by the |
8 |
| court, the party offering the testimony bears the expense for |
9 |
| the expert testifying.
|
10 |
| (c) If a child has a presumed, acknowledged, or adjudicated |
11 |
| father, the results of genetic testing are inadmissible to |
12 |
| adjudicate parentage unless performed:
|
13 |
| (1) with the consent of both the mother and the |
14 |
| presumed, acknowledged, or adjudicated father; or
|
15 |
| (2) pursuant to an order of the court under Section |
16 |
| 502.
|
17 |
| (d) Copies of bills for genetic testing and for prenatal |
18 |
| and postnatal health care for the mother and child which are |
19 |
| furnished to the adverse party not less than 10 days before the |
20 |
| date of a hearing are admissible to establish:
|
21 |
| (1) the amount of the charges billed; and
|
22 |
| (2) that the charges were reasonable, necessary, and |
23 |
| customary.
|
24 |
| Section 622. Consequences of declining genetic testing.
|
25 |
| (a) An order for genetic testing is enforceable by |
26 |
| contempt.
|
27 |
| (b) If an individual whose paternity is being determined |
28 |
| declines to submit to genetic testing ordered by the court, the |
29 |
| court for that reason may adjudicate parentage contrary to the |
30 |
| position of that individual.
|
31 |
| (c) Genetic testing of the mother of a child is not a |
32 |
| condition precedent to testing the child and a man whose |
33 |
| paternity is being determined. If the mother is unavailable or |
34 |
| declines to submit to genetic testing, the court may order the |
35 |
| testing of the child and every man whose paternity is being |
|
|
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| adjudicated.
|
2 |
| Section 623. Admission of paternity authorized.
|
3 |
| (a) A respondent in a proceeding to adjudicate parentage |
4 |
| may admit to the paternity of a child by filing a pleading to |
5 |
| that effect or by admitting paternity under penalty of perjury |
6 |
| when making an appearance or during a hearing.
|
7 |
| (b) If the court finds that the admission of paternity |
8 |
| satisfies the requirements of this Section and finds that there |
9 |
| is no reason to question the admission, the court shall issue |
10 |
| an order adjudicating the child to be the child of the man |
11 |
| admitting paternity. |
12 |
| Section 624. Temporary order.
|
13 |
| (a) In a proceeding under this Article, the court shall |
14 |
| issue a temporary order for support of a child if the order is |
15 |
| appropriate and the individual ordered to pay support is:
|
16 |
| (1) a presumed father of the child;
|
17 |
| (2) petitioning to have his paternity adjudicated;
|
18 |
| (3) identified as the father through genetic testing |
19 |
| under Section 505;
|
20 |
| (4) an alleged father who has declined to submit to |
21 |
| genetic testing;
|
22 |
| (5) shown by clear and convincing evidence to be the |
23 |
| father of the child; or
|
24 |
| (6) the mother of the child.
|
25 |
| (b) A temporary order may include provisions for custody |
26 |
| and visitation as provided by other law of this State.
|
27 |
| PART 3. HEARINGS AND ADJUDICATION |
28 |
| Section 631. Rules for adjudication of paternity. The court |
29 |
| shall apply the following rules to adjudicate the paternity of |
30 |
| a child:
|
31 |
| (1) The paternity of a child having a presumed, |
32 |
| acknowledged, or adjudicated father may be disproved only |
|
|
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| by admissible results of genetic testing excluding that man |
2 |
| as the father of the child or identifying another man as |
3 |
| the father of the child.
|
4 |
| (2) Unless the results of genetic testing are admitted |
5 |
| to rebut other results of genetic testing, a man identified |
6 |
| as the father of a child under Section 505 must be |
7 |
| adjudicated the father of the child.
|
8 |
| (3) If the court finds that genetic testing under |
9 |
| Section 505 neither identifies nor excludes a man as the |
10 |
| father of a child, the court may not dismiss the |
11 |
| proceeding. In that event, the results of genetic testing, |
12 |
| and other evidence, are admissible to adjudicate the issue |
13 |
| of paternity.
|
14 |
| (4) Unless the results of genetic testing are admitted |
15 |
| to rebut other results of genetic testing, a man excluded |
16 |
| as the father of a child by genetic testing must be |
17 |
| adjudicated not to be the father of the child.
|
18 |
| Section 632. Jury prohibited. The court, without a jury, |
19 |
| shall adjudicate paternity of a child. |
20 |
| Section 633. Hearings; inspection of records.
|
21 |
| (a) On request of a party and for good cause shown, the |
22 |
| court may close a proceeding under this Article.
|
23 |
| (b) A final order in a proceeding under this Article is |
24 |
| available for public inspection. Other papers and records are |
25 |
| available only with the consent of the parties or on order of |
26 |
| the court for good cause.
|
27 |
| Section 634. Order of default. The court shall issue an |
28 |
| order adjudicating the paternity of a man who:
|
29 |
| (1) after service of process, is in default; and
|
30 |
| (2) is found by the court to be the father of a child.
|
31 |
| Section 635. Dismissal for want of prosecution. The court |
32 |
| may issue an order dismissing a proceeding commenced under this |
|
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| Act for want of prosecution only without prejudice. An order of |
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| dismissal for want of prosecution purportedly with prejudice is |
3 |
| void and has only the effect of a dismissal without prejudice. |
4 |
| Section 636. Order adjudicating parentage. |
5 |
| (a) The court shall issue an order adjudicating whether a |
6 |
| man alleged or claiming to be the father is the parent of the |
7 |
| child.
|
8 |
| (b) An order adjudicating parentage must identify the child |
9 |
| by name and date of birth.
|
10 |
| (c) Except as otherwise provided in subsection (d), the |
11 |
| court may assess filing fees, reasonable attorney's fees, fees |
12 |
| for genetic testing, other costs, and necessary travel and |
13 |
| other reasonable expenses incurred in a proceeding under this |
14 |
| Article. The court may award attorney's fees, which may be paid |
15 |
| directly to the attorney, who may enforce the order in the |
16 |
| attorney's own name.
|
17 |
| (d) The court may not assess fees, costs, or expenses |
18 |
| against the support-enforcement agency of this State or another |
19 |
| state, except as provided by other law.
|
20 |
| (e) On request of a party and for good cause shown, the |
21 |
| court may order that the name of the child be changed.
|
22 |
| (f) If the order of the court is at variance with the |
23 |
| child's birth certificate, the court shall order the Illinois |
24 |
| Department of Public Health to issue an amended birth |
25 |
| registration.
|
26 |
| Section 637. Binding effect of determination of parentage. |
27 |
| (a) Except as otherwise provided in subsection (b), a |
28 |
| determination of parentage is binding on:
|
29 |
| (1) all signatories to an acknowledgement or denial of |
30 |
| paternity as provided in Article 3; and
|
31 |
| (2) all parties to an adjudication by a court acting |
32 |
| under circumstances that satisfy the jurisdictional |
33 |
| requirements of Section 201 of the Uniform Interstate |
34 |
| Family Support Act.
|
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| (b) A child is not bound by a determination of parentage |
2 |
| under this Act unless:
|
3 |
| (1) the determination was based on an unrescinded |
4 |
| acknowledgment of paternity and the acknowledgement is |
5 |
| consistent with the results of genetic testing;
|
6 |
| (2) the adjudication of parentage was based on a |
7 |
| finding consistent with the results of genetic testing and |
8 |
| the consistency is declared in the determination or is |
9 |
| otherwise shown; or
|
10 |
| (3) the child was a party or was represented in the |
11 |
| proceeding determining parentage by a guardian ad litem.
|
12 |
| (c) In a proceeding to dissolve a marriage, the court is |
13 |
| deemed to have made an adjudication of the parentage of a child |
14 |
| if the court acts under circumstances that satisfy the |
15 |
| jurisdictional requirements of Section 201 of the Uniform |
16 |
| Interstate Family Support Act, and the final order:
|
17 |
| (1) expressly identifies a child as a "child of the |
18 |
| marriage," "issue of the marriage," or similar words |
19 |
| indicating that the husband is the father of the child; or
|
20 |
| (2) provides for support of the child by the husband |
21 |
| unless paternity is specifically disclaimed in the order.
|
22 |
| (d) Except as otherwise provided in subsection (b), a |
23 |
| determination of parentage may be a defense in a subsequent |
24 |
| proceeding seeking to adjudicate parentage by an individual who |
25 |
| was not a party to the earlier proceeding.
|
26 |
| (e) A party to an adjudication of paternity may challenge |
27 |
| the adjudication only under law of this State relating to |
28 |
| appeal, vacation of judgments, or other judicial review.
|
29 |
| ARTICLE 7. CHILD OF ASSISTED REPRODUCTION |
30 |
| Section 701. Scope of Article. This Article does not apply |
31 |
| to the birth of a child conceived by means of sexual |
32 |
| intercourse, or as the result of a gestational agreement as |
33 |
| provided in Article 8. |
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| Section 702. Parental status of donor. A donor is not a |
2 |
| parent of a child conceived by means of assisted reproduction. |
3 |
| Section 703. Paternity of child of assisted reproduction. A |
4 |
| man who provides sperm for, or consents to, assisted |
5 |
| reproduction by a woman as provided in Section 704 with the |
6 |
| intent to be the parent of her child, is a parent of the |
7 |
| resulting child. |
8 |
| Section 704. Consent to assisted reproduction.
|
9 |
| (a) Consent by a woman, and a man who intends to be a |
10 |
| parent of a child born to the woman by assisted reproduction |
11 |
| must be in a record signed by the woman and the man. This |
12 |
| requirement does not apply to a donor.
|
13 |
| (b) Failure of a man to sign a consent required by |
14 |
| subsection (a), before or after birth of the child, does not |
15 |
| preclude a finding of paternity if the woman and the man, |
16 |
| during the first two years of the child's life resided together |
17 |
| in the same household with the child and openly held out the |
18 |
| child as their own.
|
19 |
| Section 705. Limitation on husband's dispute of paternity.
|
20 |
| (a) Except as otherwise provided in subsection (b), the |
21 |
| husband of a wife who gives birth to a child by means of |
22 |
| assisted reproduction may not challenge his paternity of the |
23 |
| child unless:
|
24 |
| (1) within two years after learning of the birth of the |
25 |
| child he commences a proceeding to adjudicate his |
26 |
| paternity; and
|
27 |
| (2) the court finds that he did not consent to the |
28 |
| assisted reproduction, before or after birth of the child.
|
29 |
| (b) A proceeding to adjudicate paternity may be maintained |
30 |
| at any time if the court determines that:
|
31 |
| (1) the husband did not provide sperm for, or before or |
32 |
| after the birth of the child consent to, assisted |
33 |
| reproduction by his wife;
|
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| (2) the husband and the mother of the child have not |
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| cohabited since the probable time of assisted |
3 |
| reproduction; and
|
4 |
| (3) the husband never openly held out the child as his |
5 |
| own.
|
6 |
| (c) The limitation provided in this Section applies to a |
7 |
| marriage declared invalid after assisted reproduction.
|
8 |
| Section 706. Effect of dissolution of marriage or |
9 |
| withdrawal of consent. |
10 |
| (a) If a marriage is dissolved before placement of eggs, |
11 |
| sperm, or embryos, the former spouse is not a parent of the |
12 |
| resulting child unless the former spouse consented in a record |
13 |
| that if assisted reproduction were to occur after a divorce, |
14 |
| the former spouse would be a parent of the child.
|
15 |
| (b) The consent of a woman or a man to assisted |
16 |
| reproduction may be withdrawn by that individual in a record at |
17 |
| any time before placement of eggs, sperm, or embryos. An |
18 |
| individual who withdraws consent under this Section is not a |
19 |
| parent of the resulting child.
|
20 |
| Section 707. Parental status of deceased individual. If an |
21 |
| individual who consented in a record to be a parent by assisted |
22 |
| reproduction dies before placement of eggs, sperm, or embryos, |
23 |
| the deceased individual is not a parent of the resulting child |
24 |
| unless the deceased spouse consented in a record that if |
25 |
| assisted reproduction were to occur after death, the deceased |
26 |
| individual would be a parent of the child. |
27 |
| ARTICLE 8. GESTATIONAL AGREEMENT |
28 |
| Section 801. Gestational agreement authorized. |
29 |
| (a) A prospective gestational mother, her husband if she is |
30 |
| married, a donor or the donors, and the intended parents may |
31 |
| enter into a written agreement providing that:
|
32 |
| (1) the prospective gestational mother agrees to |
|
|
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LRB094 11316 DRJ 42141 b |
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| pregnancy by means of assisted reproduction;
|
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| (2) the prospective gestational mother, her husband if |
3 |
| she is married, and the donors relinquish all rights and |
4 |
| duties as the parents of a child conceived through assisted |
5 |
| reproduction; and
|
6 |
| (3) the intended parents become the parents of the |
7 |
| child.
|
8 |
| (b) The man and the woman who are the intended parents must |
9 |
| both be parties to the gestational agreement.
|
10 |
| (c) A gestational agreement is enforceable only if |
11 |
| validated as provided in Section 803.
|
12 |
| (d) A gestational agreement does not apply to the birth of |
13 |
| a child conceived by means of sexual intercourse.
|
14 |
| (e) A gestational agreement may provide for payment of |
15 |
| consideration.
|
16 |
| (f) A gestational agreement may not limit the right of the |
17 |
| gestational mother to make decisions to safeguard her health or |
18 |
| that of the embryos or fetus.
|
19 |
| Section 802. Requirements of petition.
|
20 |
| (a) The intended parents and the prospective gestational |
21 |
| mother may commence a proceeding in the circuit court to |
22 |
| validate a gestational agreement.
|
23 |
| (b) A proceeding to validate a gestational agreement may |
24 |
| not be maintained unless:
|
25 |
| (1) the mother or the intended parents have been |
26 |
| residents of this State for at least 90 days;
|
27 |
| (2) the prospective gestational mother's husband, if |
28 |
| she is married, is joined in the proceeding; and
|
29 |
| (3) a copy of the gestational agreement is attached to |
30 |
| the petition.
|
31 |
| Section 803. Hearing to validate gestational agreement.
|
32 |
| (a) If the requirements of subsection (b) are satisfied, a |
33 |
| court may issue an order validating the gestational agreement |
34 |
| and declaring that the intended parents will be the parents of |
|
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LRB094 11316 DRJ 42141 b |
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| a child born during the term of the of the agreement.
|
2 |
| (b) The court may issue an order under subsection (a) only |
3 |
| on finding that:
|
4 |
| (1) the residence requirements of Section 802 have been |
5 |
| satisfied and the parties have submitted to the |
6 |
| jurisdiction of the court under the jurisdictional |
7 |
| standards of this Act;
|
8 |
| (2) unless waived by the court, the Illinois Department |
9 |
| of Children and Family Services has made a home study of |
10 |
| the intended parents and the intended parents meet the |
11 |
| standards of suitability applicable to adoptive parents;
|
12 |
| (3) all parties have voluntarily entered into the |
13 |
| agreement and understand its terms;
|
14 |
| (4) adequate provision has been made for all reasonable |
15 |
| health-care expense associated with the gestational |
16 |
| agreement until the birth of the child, including |
17 |
| responsibility for those expenses if the agreement is |
18 |
| terminated; and
|
19 |
| (5) the consideration, if any, paid to the prospective |
20 |
| gestational mother is reasonable.
|
21 |
| Section 804. Inspection of records. The proceedings, |
22 |
| records, and identities of the individual parties to a |
23 |
| gestational agreement under this Article are subject to |
24 |
| inspection under the standards of confidentiality applicable |
25 |
| to adoptions as provided under other law of this State. |
26 |
| Section 805. Exclusive, continuing jurisdiction. Subject |
27 |
| to the jurisdictional standards of Section 201 of the Uniform |
28 |
| Child Custody Jurisdiction and Enforcement Act, the court |
29 |
| conducting a proceeding under this Article has exclusive, |
30 |
| continuing jurisdiction of all matters arising out of the |
31 |
| gestational agreement until a child born to the gestational |
32 |
| mother during the period governed by the agreement attains the |
33 |
| age of 180 days. |
|
|
|
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LRB094 11316 DRJ 42141 b |
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| Section 806. Termination of gestational agreement.
|
2 |
| (a) After issuance of an order under this Article, but |
3 |
| before the prospective gestational mother becomes pregnant by |
4 |
| means of assisted reproduction, the prospective gestational |
5 |
| mother, her husband, or either of the intended parents may |
6 |
| terminate the gestational agreement by giving written notice of |
7 |
| termination to all other parties.
|
8 |
| (b) The court for good cause shown may terminate the |
9 |
| gestational agreement.
|
10 |
| (c) An individual who terminates a gestational agreement |
11 |
| shall file notice of the termination with the court. On receipt |
12 |
| of the notice, the court shall vacate the order issued under |
13 |
| this Article. An individual who does not notify the court of |
14 |
| the termination of the agreement is subject to appropriate |
15 |
| sanctions.
|
16 |
| (d) Neither a prospective gestational mother nor her |
17 |
| husband, if any, is liable to the intended parents for |
18 |
| terminating a gestational agreement pursuant to this Section.
|
19 |
| Section 807. Parentage under validated gestational |
20 |
| agreement. |
21 |
| (a) Upon birth of a child to a gestational mother, the |
22 |
| intended parents shall file notice with the court that a child |
23 |
| has been born to the gestational mother within 300 days after |
24 |
| assisted reproduction. Thereupon, the court shall issue an |
25 |
| order:
|
26 |
| (1) confirming that the intended parents are the |
27 |
| parents of the child;
|
28 |
| (2) if necessary, ordering that the child be |
29 |
| surrendered to the intended parents; and
|
30 |
| (3) directing the Illinois Department of Public Health |
31 |
| to issue a birth certificate naming the intended parents as |
32 |
| parents of the child.
|
33 |
| (b) If the parentage of a child born to a gestational |
34 |
| mother is alleged not to be the result of assisted |
35 |
| reproduction, the court shall order genetic testing to |
|
|
|
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| determine the parentage of the child.
|
2 |
| (c) If the intended parents fail to file notice required |
3 |
| under subsection (a), the gestational mother or the appropriate |
4 |
| State agency may file notice with the court that a child has |
5 |
| been born to the gestational mother within 300 days after |
6 |
| assisted reproduction. Upon proof of a court order issued |
7 |
| pursuant to Section 803 validating the gestational agreement, |
8 |
| the court shall order the intended parents are the parents of |
9 |
| the child and are financially responsible for the child.
|
10 |
| Section 808. Gestational agreement: effect of subsequent |
11 |
| marriage. After the issuance of an order under this Article, |
12 |
| subsequent marriage of the gestational mother does not affect |
13 |
| the validity of a gestational agreement, her husband's consent |
14 |
| to the agreement is not required, and her husband is not a |
15 |
| presumed father of the resulting child. |
16 |
| Section 809. Effect of nonvalidated gestational agreement.
|
17 |
| (a) A gestational agreement, whether in a record or not, |
18 |
| that is not judicially validated is not enforceable.
|
19 |
| (b) If a birth results under a gestational agreement that |
20 |
| is not judicially validated as provided in this Article, the |
21 |
| parent-child relationship is determined as provided in Article |
22 |
| 2.
|
23 |
| (c) Individuals who are parties to a nonvalidated |
24 |
| gestational agreement as intended parents may be held liable |
25 |
| for support of the resulting child, even if the agreement is |
26 |
| otherwise unenforceable. The liability under this subsection |
27 |
| includes assessing all expenses and fees as provided in Section |
28 |
| 636.
|
29 |
| ARTICLE 9. MISCELLANEOUS PROVISIONS |
30 |
| Section 901. Uniformity of application and construction. |
31 |
| In applying and construing this Uniform Act, consideration must |
32 |
| be given to the need to promote uniformity of the law with |
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| respect to its subject matter among states that enact it. |
2 |
| Section 902. Severability clause. If any provision of this |
3 |
| Act or its application to an individual or circumstance is held |
4 |
| invalid, the invalidity does not affect other provisions or |
5 |
| applications of this Act which can be given effect without the |
6 |
| invalid provision or application, and to this end the |
7 |
| provisions of this Act are severable. |
8 |
| Section 903. Time of taking effect. (Blank). |
9 |
| (750 ILCS 40/Act rep.) |
10 |
| (750 ILCS 45/Act rep.) |
11 |
| (750 ILCS 50/12a rep.) |
12 |
| Section 904. Repeal. The following Acts and parts of Acts |
13 |
| are repealed: |
14 |
| (1) The Illinois Parentage Act. |
15 |
| (2) The Illinois Parentage Act of 1984. |
16 |
| (3) Section 12a of the Adoption Act. |
17 |
| Section 905. Transitional provision. A proceeding to |
18 |
| adjudicate parentage which was commenced before the effective |
19 |
| date of this Act is governed by the law in effect at the time |
20 |
| the proceeding was commenced.
|
21 |
| Section 905.1. The Department of Employment Security Law of |
22 |
| the
Civil Administrative Code of Illinois is amended by |
23 |
| changing Section 1005-130 as follows:
|
24 |
| (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
|
25 |
| Sec. 1005-130. Exchange of information for child support
|
26 |
| enforcement.
|
27 |
| (a) The Department has the power to exchange with the |
28 |
| Illinois
Department of Public Aid
information that may be |
29 |
| necessary for the enforcement of child support
orders entered |
30 |
| pursuant to the Illinois Public Aid Code, the Illinois Marriage
|
|
|
|
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| and
Dissolution of Marriage Act, the Non-Support of Spouse and |
2 |
| Children Act, the
Non-Support Punishment Act, the
Revised |
3 |
| Uniform Reciprocal Enforcement of Support Act, the
Uniform |
4 |
| Interstate Family Support Act, or the Illinois Parentage Act of |
5 |
| 1984 , or the Uniform Parentage Act (2000) .
|
6 |
| (b) Notwithstanding any provisions in the Civil |
7 |
| Administrative
Code of Illinois to the contrary, the
Department |
8 |
| of Employment Security shall not be liable
to any person for |
9 |
| any disclosure of information to the
Illinois Department of |
10 |
| Public Aid under subsection (a)
or for any other action taken |
11 |
| in good faith to comply with the requirements of
subsection |
12 |
| (a).
|
13 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99; 92-16, |
14 |
| eff.
6-28-01.)
|
15 |
| Section 905.2. The Department of Professional Regulation |
16 |
| Law of the
Civil Administrative Code of Illinois is amended by |
17 |
| changing Section 2105-15 as follows:
|
18 |
| (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
|
19 |
| Sec. 2105-15. General powers and duties.
|
20 |
| (a) The Department has, subject to the provisions of the |
21 |
| Civil
Administrative Code of Illinois, the following powers and |
22 |
| duties:
|
23 |
| (1) To authorize examinations in English to ascertain |
24 |
| the qualifications
and fitness of applicants to exercise |
25 |
| the profession, trade, or occupation for
which the |
26 |
| examination is held.
|
27 |
| (2) To prescribe rules and regulations for a fair and |
28 |
| wholly
impartial method of examination of candidates to |
29 |
| exercise the respective
professions, trades, or |
30 |
| occupations.
|
31 |
| (3) To pass upon the qualifications of applicants for |
32 |
| licenses,
certificates, and authorities, whether by |
33 |
| examination, by reciprocity, or by
endorsement.
|
34 |
| (4) To prescribe rules and regulations defining, for |
|
|
|
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| the
respective
professions, trades, and occupations, what |
2 |
| shall constitute a school,
college, or university, or |
3 |
| department of a university, or other
institution, |
4 |
| reputable and in good standing, and to determine the
|
5 |
| reputability and good standing of a school, college, or |
6 |
| university, or
department of a university, or other |
7 |
| institution, reputable and in good
standing, by reference |
8 |
| to a compliance with those rules and regulations;
provided, |
9 |
| that no school, college, or university, or department of a
|
10 |
| university, or other institution that refuses admittance |
11 |
| to applicants
solely on account of race, color, creed, sex, |
12 |
| or national origin shall be
considered reputable and in |
13 |
| good standing.
|
14 |
| (5) To conduct hearings on proceedings to revoke, |
15 |
| suspend, refuse to
renew, place on probationary status, or |
16 |
| take other disciplinary action
as authorized in any |
17 |
| licensing Act administered by the Department
with regard to |
18 |
| licenses, certificates, or authorities of persons
|
19 |
| exercising the respective professions, trades, or |
20 |
| occupations and to
revoke, suspend, refuse to renew, place |
21 |
| on probationary status, or take
other disciplinary action |
22 |
| as authorized in any licensing Act
administered by the |
23 |
| Department with regard to those licenses,
certificates, or |
24 |
| authorities. The Department shall issue a monthly
|
25 |
| disciplinary report. The Department shall deny any license |
26 |
| or
renewal authorized by the Civil Administrative Code of |
27 |
| Illinois to any person
who has defaulted on an
educational |
28 |
| loan or scholarship provided by or guaranteed by the |
29 |
| Illinois
Student Assistance Commission or any governmental |
30 |
| agency of this State;
however, the Department may issue a |
31 |
| license or renewal if the
aforementioned persons have |
32 |
| established a satisfactory repayment record as
determined |
33 |
| by the Illinois Student Assistance Commission or other |
34 |
| appropriate
governmental agency of this State. |
35 |
| Additionally, beginning June 1, 1996,
any license issued by |
36 |
| the Department may be suspended or revoked if the
|
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| Department, after the opportunity for a hearing under the |
2 |
| appropriate licensing
Act, finds that the licensee has |
3 |
| failed to make satisfactory repayment to the
Illinois |
4 |
| Student Assistance Commission for a delinquent or |
5 |
| defaulted loan.
For the purposes of this Section, |
6 |
| "satisfactory repayment record" shall be
defined by rule. |
7 |
| The Department shall refuse to issue or renew a license to,
|
8 |
| or shall suspend or revoke a license of, any person who, |
9 |
| after receiving
notice, fails to comply with a subpoena or |
10 |
| warrant relating to a paternity or
child support |
11 |
| proceeding. However, the Department may issue a license or
|
12 |
| renewal upon compliance with the subpoena or warrant.
|
13 |
| The Department, without further process or hearings, |
14 |
| shall revoke, suspend,
or deny any license or renewal |
15 |
| authorized by the Civil Administrative Code of
Illinois to |
16 |
| a person who is certified by the Illinois Department of |
17 |
| Public Aid
as being more than 30 days delinquent in |
18 |
| complying with a child support order
or who is certified by |
19 |
| a court as being in violation of the Non-Support
Punishment |
20 |
| Act for more than 60 days. The Department may, however, |
21 |
| issue a
license or renewal if the person has established a |
22 |
| satisfactory repayment
record as determined by the |
23 |
| Illinois Department of Public Aid or if the person
is |
24 |
| determined by the court to be in compliance with the |
25 |
| Non-Support Punishment
Act. The Department may implement |
26 |
| this paragraph as added by Public Act 89-6
through the use |
27 |
| of emergency rules in accordance with Section 5-45 of the
|
28 |
| Illinois Administrative Procedure Act. For purposes of the |
29 |
| Illinois
Administrative Procedure Act, the adoption of |
30 |
| rules to implement this
paragraph shall be considered an |
31 |
| emergency and necessary for the public
interest, safety, |
32 |
| and welfare.
|
33 |
| (6) To transfer jurisdiction of any realty under the |
34 |
| control of the
Department to any other department of the |
35 |
| State Government or to acquire
or accept federal lands when |
36 |
| the transfer, acquisition, or acceptance is
advantageous |
|
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| to the State and is approved in writing by the Governor.
|
2 |
| (7) To formulate rules and regulations necessary for |
3 |
| the enforcement of
any Act administered by the Department.
|
4 |
| (8) To exchange with the Illinois Department of Public |
5 |
| Aid information
that may be necessary for the enforcement |
6 |
| of child support orders entered
pursuant to the Illinois |
7 |
| Public Aid Code, the Illinois Marriage and Dissolution
of |
8 |
| Marriage Act, the Non-Support of Spouse and Children Act, |
9 |
| the Non-Support
Punishment Act, the Revised Uniform |
10 |
| Reciprocal Enforcement of Support Act, the
Uniform |
11 |
| Interstate Family Support Act, or the Illinois Parentage |
12 |
| Act of 1984 , or the Uniform Parentage Act (2000) .
|
13 |
| Notwithstanding any provisions in this Code to the |
14 |
| contrary, the Department of
Professional Regulation shall |
15 |
| not be liable under any federal or State law to
any person |
16 |
| for any disclosure of information to the Illinois |
17 |
| Department of
Public Aid under this paragraph (8) or for |
18 |
| any other action taken in good faith
to comply with the |
19 |
| requirements of this paragraph (8).
|
20 |
| (9) To perform other duties prescribed
by law.
|
21 |
| (b) The Department may, when a fee is payable to the |
22 |
| Department for a wall
certificate of registration provided by |
23 |
| the Department of Central Management
Services, require that |
24 |
| portion of the payment for printing and distribution
costs be |
25 |
| made directly or through the Department to the Department of |
26 |
| Central
Management Services for deposit into the Paper and |
27 |
| Printing Revolving Fund.
The remainder shall be deposited into |
28 |
| the General Revenue Fund.
|
29 |
| (c) For the purpose of securing and preparing evidence, and |
30 |
| for the purchase
of controlled substances, professional |
31 |
| services, and equipment necessary for
enforcement activities, |
32 |
| recoupment of investigative costs, and other activities
|
33 |
| directed at suppressing the misuse and abuse of controlled |
34 |
| substances,
including those activities set forth in Sections |
35 |
| 504 and 508 of the Illinois
Controlled Substances Act, the |
36 |
| Director and agents appointed and authorized by
the Director |
|
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| may expend sums from the Professional Regulation Evidence Fund
|
2 |
| that the Director deems necessary from the amounts appropriated |
3 |
| for that
purpose. Those sums may be advanced to the agent when |
4 |
| the Director deems that
procedure to be in the public interest. |
5 |
| Sums for the purchase of controlled
substances, professional |
6 |
| services, and equipment necessary for enforcement
activities |
7 |
| and other activities as set forth in this Section shall be |
8 |
| advanced
to the agent who is to make the purchase from the |
9 |
| Professional Regulation
Evidence Fund on vouchers signed by the |
10 |
| Director. The Director and those
agents are authorized to |
11 |
| maintain one or more commercial checking accounts with
any |
12 |
| State banking corporation or corporations organized under or |
13 |
| subject to the
Illinois Banking Act for the deposit and |
14 |
| withdrawal of moneys to be used for
the purposes set forth in |
15 |
| this Section; provided, that no check may be written
nor any |
16 |
| withdrawal made from any such account except upon the written
|
17 |
| signatures of 2 persons designated by the Director to write |
18 |
| those checks and
make those withdrawals. Vouchers for those |
19 |
| expenditures must be signed by the
Director. All such |
20 |
| expenditures shall be audited by the Director, and the
audit |
21 |
| shall be submitted to the Department of Central Management |
22 |
| Services for
approval.
|
23 |
| (d) Whenever the Department is authorized or required by |
24 |
| law to consider
some aspect of criminal history record |
25 |
| information for the purpose of carrying
out its statutory |
26 |
| powers and responsibilities, then, upon request and payment
of |
27 |
| fees in conformance with the requirements of Section 2605-400 |
28 |
| of the
Department of State Police Law (20 ILCS 2605/2605-400), |
29 |
| the Department of State
Police is authorized to furnish, |
30 |
| pursuant to positive identification, the
information contained |
31 |
| in State files that is necessary to fulfill the request.
|
32 |
| (e) The provisions of this Section do not apply to private |
33 |
| business and
vocational schools as defined by Section 1 of the |
34 |
| Private Business and
Vocational Schools Act.
|
35 |
| (f) Beginning July 1, 1995, this Section does not apply to |
36 |
| those
professions, trades, and occupations licensed under the |
|
|
|
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LRB094 11316 DRJ 42141 b |
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| Real Estate License
Act of 2000, nor does it apply to any |
2 |
| permits, certificates, or other
authorizations to do business |
3 |
| provided for in the Land Sales Registration Act
of 1989 or the |
4 |
| Illinois Real Estate Time-Share Act.
|
5 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
|
6 |
| 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
|
7 |
| Section 905.3. The Department of Revenue Law of the
Civil |
8 |
| Administrative Code of Illinois is amended by changing Section |
9 |
| 2505-65 as follows:
|
10 |
| (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
|
11 |
| Sec. 2505-65. Exchange of information.
|
12 |
| (a) The Department has the power to exchange with any |
13 |
| state, with
any local subdivisions of any state, or
with the |
14 |
| federal government, except when specifically prohibited by |
15 |
| law,
any information that may be necessary to efficient tax
|
16 |
| administration and
that may be acquired as a result of the |
17 |
| administration of the laws set forth in
the Sections following |
18 |
| Section 95-10 and
preceding
Section 2505-60.
|
19 |
| (b) The Department has the power to exchange with the |
20 |
| Illinois
Department of Public Aid
information that may be |
21 |
| necessary for the enforcement of child support
orders entered |
22 |
| pursuant to the Illinois Public Aid Code, the Illinois Marriage
|
23 |
| and
Dissolution of Marriage Act, the Non-Support of Spouse and |
24 |
| Children Act, the
Non-Support Punishment Act, the
Revised |
25 |
| Uniform Reciprocal Enforcement of Support Act, the
Uniform |
26 |
| Interstate Family Support Act, or the Illinois Parentage Act of |
27 |
| 1984 , or the Uniform Parentage Act (2000) .
Notwithstanding any |
28 |
| provisions in this Code to the contrary, the
Department of |
29 |
| Revenue shall not be liable to any person for any disclosure of
|
30 |
| information to the Illinois Department of Public Aid
under this |
31 |
| subsection (b) or for any other action taken in good faith to |
32 |
| comply
with the requirements of this subsection (b).
|
33 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99;
92-16, |
34 |
| eff. 6-28-01.)
|
|
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| Section 905.4. The Counties Code is amended by changing |
2 |
| Section 3-5036.5 as follows:
|
3 |
| (55 ILCS 5/3-5036.5)
|
4 |
| Sec. 3-5036.5. Exchange of information for child support |
5 |
| enforcement.
|
6 |
| (a) The Recorder shall exchange with the Illinois |
7 |
| Department of Public Aid
information that may be necessary for |
8 |
| the enforcement
of child support orders entered pursuant to the |
9 |
| Illinois Public Aid Code, the
Illinois Marriage and Dissolution |
10 |
| of Marriage Act, the Non-Support of Spouse
and
Children Act, |
11 |
| the Non-Support Punishment Act, the Revised Uniform
Reciprocal |
12 |
| Enforcement of Support Act, the
Uniform Interstate Family |
13 |
| Support Act, or the Illinois
Parentage Act of 1984 , or the |
14 |
| Uniform Parentage Act (2000) .
|
15 |
| (b) Notwithstanding any provisions in this Code to the |
16 |
| contrary, the
Recorder shall not be liable
to any person for |
17 |
| any disclosure of information to the
Illinois Department of |
18 |
| Public Aid under subsection (a)
or for any other action taken |
19 |
| in good faith to comply with the requirements of
subsection |
20 |
| (a).
|
21 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
22 |
| Section 905.5. The Collection Agency Act is amended by |
23 |
| changing Section 2.04 as follows:
|
24 |
| (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
|
25 |
| (Section scheduled to be repealed on January 1, 2006)
|
26 |
| Sec. 2.04. Child support indebtedness.
|
27 |
| (a) Persons, associations, partnerships, or corporations |
28 |
| engaged in the
business of collecting child support |
29 |
| indebtedness owing under a court order
as provided under the |
30 |
| Illinois Public Aid Code, the Illinois Marriage and
Dissolution |
31 |
| of Marriage Act, the Non-Support of Spouse and Children Act,
|
32 |
| the Non-Support Punishment Act, the Illinois Parentage Act of |
|
|
|
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LRB094 11316 DRJ 42141 b |
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| 1984, the Uniform Parentage Act (2000), or
similar laws of |
2 |
| other states
are not
restricted (i) in the frequency of contact |
3 |
| with an obligor who is in arrears,
whether by phone, mail, or |
4 |
| other means, (ii) from contacting the employer of an
obligor |
5 |
| who is in arrears, (iii) from publishing or threatening to |
6 |
| publish a
list of obligors in arrears, (iv) from disclosing or |
7 |
| threatening to disclose an
arrearage that the obligor disputes, |
8 |
| but for which a verified notice of
delinquency has been served |
9 |
| under the Income Withholding for Support Act (or
any of its |
10 |
| predecessors, Section 10-16.2 of the Illinois Public Aid
Code, |
11 |
| Section 706.1 of the Illinois Marriage and Dissolution of |
12 |
| Marriage Act,
Section 4.1 of the Non-Support of Spouse and |
13 |
| Children Act, Section 26.1 of the
Revised Uniform Reciprocal |
14 |
| Enforcement of Support Act, or Section 20 of the
Illinois |
15 |
| Parentage Act of 1984), or (v) from engaging in conduct that |
16 |
| would
not
cause a reasonable person mental or physical illness. |
17 |
| For purposes of this
subsection, "obligor" means an individual |
18 |
| who owes a duty to make periodic
payments, under a court order, |
19 |
| for the support of a child. "Arrearage" means
the total amount |
20 |
| of an obligor's unpaid child support obligations.
|
21 |
| (a-5) A collection agency may not impose a fee or charge, |
22 |
| including costs, for any child support payments collected |
23 |
| through the efforts of a federal, State, or local government |
24 |
| agency, including but not limited to child support collected |
25 |
| from federal or State tax refunds, unemployment benefits, or |
26 |
| Social Security benefits. |
27 |
| No collection agency that collects child support payments |
28 |
| shall (i) impose a charge or fee, including costs, for |
29 |
| collection of a current child support payment, (ii) fail to |
30 |
| apply collections to current support as specified in the order |
31 |
| for support before applying collection to arrears or other |
32 |
| amounts, or (iii) designate a current child support payment as |
33 |
| arrears or other amount owed. In all circumstances, the |
34 |
| collection agency shall turn over to the obligee all support |
35 |
| collected in a month up to the amount of current support |
36 |
| required to be paid for that month. |
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| As to any fees or charges, including costs, retained by the |
2 |
| collection agency, that agency shall provide documentation to |
3 |
| the obligee demonstrating that the child support payments |
4 |
| resulted from the actions of the agency. |
5 |
| After collection of the total amount or arrearage, |
6 |
| including statutory interest, due as of the date of execution |
7 |
| of the collection contract, no further fees may be charged. |
8 |
| (a-10) The Department of Professional Regulation shall |
9 |
| determine a fee rate of not less than 25% but not greater than |
10 |
| 35%, based upon presentation by the licensees as to costs to |
11 |
| provide the service and a fair rate of return. This rate shall |
12 |
| be established by administrative rule.
|
13 |
| Without prejudice to the determination by the Department of |
14 |
| the appropriate rate through administrative rule, a collection |
15 |
| agency shall impose a fee of not more than 29% of the amount of |
16 |
| child support actually collected by the collection agency |
17 |
| subject to the provisions of subsection (a-5). This interim |
18 |
| rate is based upon the March 2002 General Account Office report |
19 |
| "Child Support Enforcement", GAO-02-349. This rate shall apply |
20 |
| until a fee rate is established by administrative rule.
|
21 |
| (b) The Department shall adopt rules necessary to |
22 |
| administer and enforce
the provisions of this Section.
|
23 |
| (Source: P.A. 93-896, eff. 8-10-04.)
|
24 |
| Section 905.6. The Illinois Public Aid Code is amended by |
25 |
| changing Sections 10-3.1, 10-17.7, 10-19, 10-25, 10-25.5, and |
26 |
| 12-4.7c as follows:
|
27 |
| (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
|
28 |
| Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
|
29 |
| Department shall establish within its administrative staff a |
30 |
| Child and
Spouse Support Unit to search for and locate absent |
31 |
| parents and spouses
liable for the support of persons resident |
32 |
| in this State and to exercise
the support enforcement powers |
33 |
| and responsibilities assigned the
Department by this Article. |
34 |
| The unit shall cooperate with all law
enforcement officials in |
|
|
|
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LRB094 11316 DRJ 42141 b |
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1 |
| this State and with the authorities of other
States in locating |
2 |
| persons responsible for the support of persons
resident in |
3 |
| other States and shall invite the cooperation of these
|
4 |
| authorities in the performance of its duties.
|
5 |
| In addition to other duties assigned the Child and Spouse |
6 |
| Support Unit
by this Article, the Unit may refer to the |
7 |
| Attorney General or units of
local government with the approval |
8 |
| of the Attorney General, any actions
under Sections 10-10 and |
9 |
| 10-15 for judicial enforcement of the support
liability. The |
10 |
| Child and Spouse Support Unit shall act for the Department
in |
11 |
| referring to the Attorney General support matters requiring |
12 |
| judicial
enforcement under other laws. If requested by the |
13 |
| Attorney General to so
act, as provided in Section 12-16, |
14 |
| attorneys of the Unit may assist the
Attorney General or |
15 |
| themselves
institute actions in behalf of the Illinois |
16 |
| Department
under the Revised Uniform Reciprocal Enforcement of |
17 |
| Support
Act; under the Illinois Parentage Act of
1984 or under |
18 |
| the Uniform Parentage Act (2000) ; under
the Non-Support of |
19 |
| Spouse and Children Act; under the Non-Support Punishment
Act;
|
20 |
| or under any other law, State or
Federal, providing for support
|
21 |
| of a spouse or dependent child.
|
22 |
| The Illinois Department shall also have the authority to |
23 |
| enter into
agreements with local governmental units or |
24 |
| individuals, with the approval
of the Attorney General, for the |
25 |
| collection of moneys owing
because of the failure of a
parent |
26 |
| to make child support payments for any child receiving services
|
27 |
| under this Article. Such agreements may be on a contingent
fee |
28 |
| basis, but such contingent fee shall not exceed 25% of the |
29 |
| total amount
collected.
|
30 |
| An attorney who provides representation pursuant to this |
31 |
| Section shall
represent the
Illinois Department exclusively. |
32 |
| Regardless of
the designation of the plaintiff in an action |
33 |
| brought pursuant to this Section,
an attorney-client |
34 |
| relationship does not exist for purposes of that
action between |
35 |
| that attorney
and (i) an applicant for or recipient of child |
36 |
| support
enforcement services or
(ii) any other party to the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| action other than the Illinois Department. Nothing
in this |
2 |
| Section shall be construed to modify any power or duty |
3 |
| (including a
duty to maintain confidentiality) of the Child and |
4 |
| Spouse Support Unit or the
Illinois Department otherwise |
5 |
| provided by law.
|
6 |
| The Illinois Department may also enter into agreements with |
7 |
| local
governmental units for the Child and Spouse Support Unit |
8 |
| to exercise the
investigative and enforcement powers |
9 |
| designated in this Article,
including the issuance of |
10 |
| administrative orders under Section 10-11, in
locating |
11 |
| responsible relatives and obtaining support for persons
|
12 |
| applying for or receiving aid under Article VI.
Payments for
|
13 |
| defrayment of administrative costs and support payments |
14 |
| obtained shall
be deposited into the DHS Recoveries Trust Fund. |
15 |
| Support
payments shall be paid over to the General Assistance |
16 |
| Fund of the local
governmental unit at such time or times as |
17 |
| the agreement may specify.
|
18 |
| With respect to those cases in which it has support |
19 |
| enforcement powers
and responsibilities under this Article, |
20 |
| the Illinois Department may provide
by rule for periodic or |
21 |
| other review of each administrative and court order
for support |
22 |
| to determine whether a modification of the order should be
|
23 |
| sought. The Illinois Department shall provide for and conduct |
24 |
| such review
in accordance with any applicable federal law and |
25 |
| regulation.
|
26 |
| As part of its process for review of orders for support, |
27 |
| the Illinois
Department, through written notice, may require |
28 |
| the responsible relative to
disclose his or her Social Security |
29 |
| Number and past and present information
concerning the |
30 |
| relative's address, employment, gross wages, deductions from
|
31 |
| gross wages, net wages, bonuses, commissions, number of |
32 |
| dependent exemptions
claimed, individual and dependent health |
33 |
| insurance coverage, and any other
information necessary to |
34 |
| determine the relative's ability to provide support in
a case |
35 |
| receiving child support enforcement services under
this |
36 |
| Article X.
|
|
|
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| The Illinois Department may send a written request
for the |
2 |
| same information to the relative's employer. The employer shall
|
3 |
| respond to the request for information within 15 days after the |
4 |
| date the
employer receives the request. If the employer |
5 |
| willfully fails to fully
respond within the 15-day period, the |
6 |
| employer shall pay a penalty of $100 for
each day that the |
7 |
| response is not provided to the Illinois Department after the
|
8 |
| 15-day period has expired. The penalty may be collected in a |
9 |
| civil action
which may be brought against the employer in favor |
10 |
| of the Illinois Department.
|
11 |
| A written request for information sent to an employer |
12 |
| pursuant to this
Section shall consist of (i) a citation of |
13 |
| this Section as the statutory
authority for the request and for |
14 |
| the employer's obligation to provide the
requested |
15 |
| information, (ii) a returnable form setting forth the |
16 |
| employer's name
and address and listing the name of the |
17 |
| employee with respect to whom
information is requested, and |
18 |
| (iii) a citation of this Section as the statutory
authority |
19 |
| authorizing the employer to withhold a fee of up to $20 from |
20 |
| the
wages or income to be paid to each responsible relative for |
21 |
| providing the
information to the Illinois Department within the |
22 |
| 15-day period. If the
employer is
withholding support payments |
23 |
| from the responsible relative's income pursuant to
an order for |
24 |
| withholding, the employer may withhold the fee provided for in
|
25 |
| this Section only after withholding support as required under |
26 |
| the order. Any
amounts withheld from the responsible relative's |
27 |
| income for payment of support
and the fee provided for in this |
28 |
| Section shall not be in excess of the amounts
permitted under |
29 |
| the federal Consumer Credit Protection Act.
|
30 |
| In a case receiving child support enforcement services,
the |
31 |
| Illinois
Department may request and obtain information from a |
32 |
| particular employer under
this Section no more than once in any |
33 |
| 12-month period, unless the information
is necessary to conduct |
34 |
| a review of a court or
administrative order for support at the |
35 |
| request of the person receiving child support enforcement |
36 |
| services.
|
|
|
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| The Illinois Department shall establish and maintain an |
2 |
| administrative unit
to receive and transmit to the Child and |
3 |
| Spouse Support Unit information
supplied by persons applying |
4 |
| for or receiving child support
enforcement services
under |
5 |
| Section 10-1. In addition, the Illinois Department shall |
6 |
| address and
respond to any alleged deficiencies that persons |
7 |
| receiving or applying for
services from the Child and Spouse |
8 |
| Support Unit may identify concerning the
Child and Spouse |
9 |
| Support Unit's provision of child support
enforcement |
10 |
| services.
Within 60 days after an action or failure to act by |
11 |
| the Child and Spouse
Support Unit that affects his or her case, |
12 |
| a recipient of or applicant for
child support enforcement |
13 |
| services under Article X of this
Code may request an
|
14 |
| explanation of the Unit's handling of the case. At the |
15 |
| requestor's option, the
explanation may be provided either |
16 |
| orally in an interview, in writing, or both.
If the Illinois |
17 |
| Department fails to respond to the request for an explanation
|
18 |
| or fails to respond in a manner satisfactory to the applicant |
19 |
| or recipient
within 30 days from the date of the request for an |
20 |
| explanation, the
applicant or recipient may request a |
21 |
| conference for further review of the
matter by the Office of |
22 |
| the Administrator of the Child and Spouse Support Unit.
A |
23 |
| request for a conference may be submitted at any time within 60 |
24 |
| days after
the explanation has been provided by the Child and |
25 |
| Spouse Support Unit or
within 60 days after the time for |
26 |
| providing the explanation has expired.
|
27 |
| The applicant or recipient may request a conference |
28 |
| concerning any decision
denying or terminating child support |
29 |
| enforcement services
under Article X of this Code, and the |
30 |
| applicant or recipient may also request a
conference concerning |
31 |
| the
Unit's failure to provide services or the provision of |
32 |
| services in an amount or
manner that is considered inadequate. |
33 |
| For purposes of this Section, the Child
and Spouse Support Unit |
34 |
| includes all local governmental units or individuals
with whom |
35 |
| the Illinois Department has contracted
under Section
10-3.1.
|
36 |
| Upon receipt of a timely request for a conference, the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| Office of the
Administrator shall review the case. The |
2 |
| applicant or recipient requesting
the conference shall be |
3 |
| entitled, at his or her option, to appear in person or
to |
4 |
| participate in the conference by telephone. The applicant or |
5 |
| recipient
requesting the conference shall be entitled to be |
6 |
| represented and to be
afforded a reasonable opportunity to |
7 |
| review the Illinois Department's file
before or at the |
8 |
| conference. At the conference, the applicant or recipient
|
9 |
| requesting the conference shall be afforded an opportunity to |
10 |
| present all
relevant matters in support of his or her claim. |
11 |
| Conferences shall be without
cost to the applicant or recipient |
12 |
| requesting the conference and shall be
conducted by a |
13 |
| representative of the Child or Spouse Support Unit who did not
|
14 |
| participate in the action or inaction being reviewed.
|
15 |
| The Office of the Administrator shall conduct a conference |
16 |
| and inform all
interested parties, in
writing, of the results |
17 |
| of the conference within 60 days from the date of
filing of the |
18 |
| request for a conference.
|
19 |
| In addition to its other powers and responsibilities |
20 |
| established by this
Article, the Child and Spouse Support Unit |
21 |
| shall conduct an annual assessment
of each institution's |
22 |
| program for institution based paternity establishment
under |
23 |
| Section 12 of the Vital Records Act.
|
24 |
| (Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99;
92-16, |
25 |
| eff. 6-28-01; 92-590, eff. 7-1-02.)
|
26 |
| (305 ILCS 5/10-17.7)
|
27 |
| Sec. 10-17.7. Administrative determination of paternity. |
28 |
| The Illinois
Department may provide by rule for the |
29 |
| administrative determination of
paternity by the Child and |
30 |
| Spouse Support Unit in cases involving applicants
for or |
31 |
| recipients of financial aid under Article IV of this Act and |
32 |
| other
persons who are given access to the child support
|
33 |
| enforcement services of this
Article as provided in Section |
34 |
| 10-1, including persons similarly situated and
receiving |
35 |
| similar services in other states. The rules shall extend to |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| cases in
which the mother and alleged father voluntarily |
2 |
| acknowledge paternity in the
form required by the Illinois |
3 |
| Department or agree
to be bound by the results of genetic |
4 |
| testing or in which the alleged
father
has failed to respond to |
5 |
| a notification of support obligation issued under
Section 10-4 |
6 |
| and to cases of contested paternity. Any
presumption provided |
7 |
| for under the Illinois Parentage Act of
1984 or under the |
8 |
| Uniform Parentage Act (2000) shall apply to cases in which |
9 |
| paternity is determined under the rules of
the Illinois |
10 |
| Department. The rules shall provide for notice and an |
11 |
| opportunity
to be heard by the responsible relative and the |
12 |
| person receiving child support enforcement services under this |
13 |
| Article if paternity is
not
voluntarily acknowledged, and any |
14 |
| final administrative
decision rendered by the Illinois |
15 |
| Department shall be reviewed only under and
in accordance with |
16 |
| the Administrative Review Law. Determinations of paternity
|
17 |
| made by the Illinois Department under the rules authorized by |
18 |
| this Section
shall
have the full force and effect of a court |
19 |
| judgment of paternity entered under
the Illinois Parentage Act |
20 |
| of 1984 or under the Uniform Parentage Act (2000) .
|
21 |
| In determining paternity in contested cases, the Illinois |
22 |
| Department shall
conduct the evidentiary hearing in accordance |
23 |
| with Article 6 of the Uniform Parentage Act (2000)
Section 11 |
24 |
| of the Parentage
Act of 1984 , except that references in that |
25 |
| Article
Section to "the court" shall be
deemed to mean the |
26 |
| Illinois Department's hearing officer in cases in which
|
27 |
| paternity is determined administratively by the Illinois |
28 |
| Department.
|
29 |
| Notwithstanding any other provision of this Article, a
|
30 |
| default determination
of
paternity may be made if service of |
31 |
| the notice under Section 10-4 was made by
publication under the |
32 |
| rules for administrative paternity determination
authorized by |
33 |
| this Section. The rules as they pertain to service by
|
34 |
| publication shall (i) be based on the provisions of Section |
35 |
| 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide |
36 |
| for service by publication in cases
in which
the whereabouts of |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| the alleged father are unknown after diligent location
efforts |
2 |
| by the Child and Spouse Support Unit, and (iii) provide for |
3 |
| publication
of a notice of default paternity determination in |
4 |
| the same manner that the
notice under Section 10-4 was |
5 |
| published.
|
6 |
| The Illinois Department
may implement this Section through |
7 |
| the use of emergency rules in accordance
with Section 5-45 of |
8 |
| the Illinois Administrative Procedure Act. For purposes
of the |
9 |
| Illinois Administrative Procedure Act, the adoption of rules to
|
10 |
| implement this Section shall be considered an emergency and |
11 |
| necessary for
the public interest, safety, and welfare.
|
12 |
| (Source: P.A. 92-590, eff. 7-1-02.)
|
13 |
| (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
|
14 |
| Sec. 10-19. Support Payments Ordered Under Other Laws; |
15 |
| where
deposited. The Illinois Department and local |
16 |
| governmental units are
authorized to receive payments directed |
17 |
| by court order for the support
of recipients, as provided in |
18 |
| the following Acts:
|
19 |
| 1. "Non-Support of Spouse and Children Act", approved June |
20 |
| 24, 1915,
as amended,
|
21 |
| 1.5. The Non-Support Punishment Act,
|
22 |
| 2. "Illinois Marriage and Dissolution of Marriage Act", as |
23 |
| now or
hereafter amended,
|
24 |
| 3. The Illinois Parentage Act, as amended,
|
25 |
| 3.5. The Uniform Parentage Act (2000),
|
26 |
| 4. "Revised Uniform Reciprocal Enforcement of Support |
27 |
| Act", approved
August 28, 1969, as amended,
|
28 |
| 5. The Juvenile Court Act or the Juvenile Court Act of |
29 |
| 1987, as amended,
|
30 |
| 6. The "Unified Code of Corrections", approved July 26, |
31 |
| 1972, as
amended,
|
32 |
| 7. Part 7 of Article XII of the Code of Civil Procedure, as |
33 |
| amended,
|
34 |
| 8. Part 8 of Article XII of the Code of Civil Procedure, as |
35 |
| amended, and
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| 9. Other laws which may provide by judicial order for |
2 |
| direct
payment of support moneys.
|
3 |
| Payments under this Section to the Illinois Department |
4 |
| pursuant to the Child
Support Enforcement Program established |
5 |
| by Title IV-D of the Social Security
Act shall be paid into the |
6 |
| Child Support Enforcement Trust Fund. All
payments under this |
7 |
| Section to the Illinois Department of Human Services
shall be |
8 |
| deposited in the DHS Recoveries Trust Fund.
Disbursements from |
9 |
| these funds shall be as provided in Sections 12-9.1 and
12-10.2 |
10 |
| of this Code. Payments received by a local governmental
unit |
11 |
| shall be deposited in that unit's General Assistance Fund.
|
12 |
| To the extent the provisions of this Section are |
13 |
| inconsistent with the
requirements pertaining to the State |
14 |
| Disbursement Unit under Sections 10-10.4
and 10-26 of this |
15 |
| Code, the requirements pertaining to the State Disbursement
|
16 |
| Unit shall apply.
|
17 |
| (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613, |
18 |
| eff. 10-1-99;
92-16, eff. 6-28-01.)
|
19 |
| (305 ILCS 5/10-25)
|
20 |
| Sec. 10-25. Administrative liens and levies on real |
21 |
| property for
past-due child support.
|
22 |
| (a) The State shall have a lien on all legal and equitable |
23 |
| interests of
responsible relatives in their real property
in |
24 |
| the amount of past-due child support owing pursuant to an order
|
25 |
| for child support entered under Sections 10-10 and 10-11 of |
26 |
| this Code, or under
the Illinois Marriage and Dissolution of |
27 |
| Marriage Act, the Non-Support of
Spouse and Children Act, the |
28 |
| Non-Support Punishment Act, the Uniform
Interstate Family |
29 |
| Support Act, or the
Illinois Parentage Act of 1984 , or the |
30 |
| Uniform Parentage Act (2000) .
|
31 |
| (b) The Illinois Department shall provide by rule for |
32 |
| notice to and an
opportunity to be heard by each responsible |
33 |
| relative affected, and any final
administrative decision |
34 |
| rendered by the Illinois Department shall be reviewed
only |
35 |
| under
and in accordance with the Administrative Review Law.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (c) When enforcing a lien under subsection (a) of this |
2 |
| Section, the
Illinois Department shall have the authority to |
3 |
| execute notices of
administrative liens and levies, which shall |
4 |
| contain the name and address of
the responsible relative, a |
5 |
| legal description of the real property
to be levied, the fact |
6 |
| that a lien
is being claimed for past-due child support, and |
7 |
| such other information as the
Illinois Department may by rule |
8 |
| prescribe. The Illinois Department shall
record the notice of |
9 |
| lien with the recorder or registrar of titles of
the county or |
10 |
| counties in which the real estate is located.
|
11 |
| (d) The State's lien under subsection (a) shall be
|
12 |
| enforceable upon the recording or filing of a notice of lien |
13 |
| with the recorder
or registrar of titles of the county or |
14 |
| counties in which the real estate is
located. The lien shall be |
15 |
| prior to any lien thereafter recorded or filed and
shall be |
16 |
| notice to a subsequent purchaser, assignor, or encumbrancer of |
17 |
| the
existence and nature of the lien. The lien shall be |
18 |
| inferior to the lien of
general taxes, special assessment, and |
19 |
| special taxes heretofore or hereafter
levied by any political |
20 |
| subdivision or municipal corporation of the State.
|
21 |
| In the event that title to the land to be affected by the |
22 |
| notice of lien is
registered under the Registered Titles |
23 |
| (Torrens) Act, the notice shall be filed
in the office of the |
24 |
| registrar of titles as a memorial or charge upon each
folium of |
25 |
| the register of titles affected by the notice; but the State |
26 |
| shall
not have a preference over the rights of any bona fide |
27 |
| purchaser, mortgagee,
judgment creditor, or other lien holders |
28 |
| registered prior to the registration
of the notice.
|
29 |
| (e) The recorder or registrar of titles of each county |
30 |
| shall procure
a file labeled "Child Support Lien Notices" and |
31 |
| an index book labeled "Child
Support Lien Notices". When notice |
32 |
| of any lien is presented to the recorder or
registrar of titles |
33 |
| for filing,
the recorder or registrar of titles shall file it |
34 |
| in numerical order in the
file and shall enter it
|
35 |
| alphabetically in the index. The entry shall show the name and |
36 |
| last known
address of the person named in the notice, the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| serial number of the notice, the
date and hour of filing, and |
2 |
| the amount of child support due at the time when
the lien is |
3 |
| filed.
|
4 |
| (f) The Illinois Department shall not be required to |
5 |
| furnish bond or make a
deposit for or pay any costs or fees of |
6 |
| any court or officer thereof in any
legal proceeding involving |
7 |
| the lien.
|
8 |
| (g) To protect the lien of the State for past-due child |
9 |
| support, the
Illinois Department may, from funds that are |
10 |
| available for that purpose, pay
or provide for the payment of |
11 |
| necessary or essential repairs, purchase tax
certificates, pay |
12 |
| balances due on land contracts, or pay or cause to be
satisfied |
13 |
| any prior liens on the property to which the lien hereunder |
14 |
| applies.
|
15 |
| (h) A lien on real property under this Section shall be |
16 |
| released
pursuant
to Section 12-101 of the Code of Civil |
17 |
| Procedure.
|
18 |
| (i) The Illinois Department, acting in behalf of the
State, |
19 |
| may foreclose the lien in a judicial proceeding to the same |
20 |
| extent and
in the same manner as in the enforcement of other |
21 |
| liens. The process,
practice, and procedure for the foreclosure |
22 |
| shall be the same as provided in
the Code of Civil Procedure.
|
23 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
24 |
| (305 ILCS 5/10-25.5)
|
25 |
| Sec. 10-25.5. Administrative liens and levies on personal |
26 |
| property for
past-due child support.
|
27 |
| (a) The State shall have a lien on all legal and equitable |
28 |
| interests of
responsible relatives in their personal property, |
29 |
| including any account in a
financial institution as defined
in |
30 |
| Section 10-24, or in the case of an insurance company or |
31 |
| benefit association
only in accounts as defined in Section |
32 |
| 10-24, in the amount of past-due child
support owing pursuant |
33 |
| to an order
for child support entered under Sections 10-10 and |
34 |
| 10-11 of this Code, or under
the Illinois Marriage and |
35 |
| Dissolution of Marriage Act, the Non-Support of
Spouse and |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Children Act, the Non-Support Punishment Act, the Uniform
|
2 |
| Interstate Family Support Act, or the
Illinois Parentage Act of |
3 |
| 1984 , or the Uniform Parentage Act (2000) .
|
4 |
| (b) The Illinois Department shall provide by rule for |
5 |
| notice to and an
opportunity to be heard by each responsible |
6 |
| relative affected, and any final
administrative decision |
7 |
| rendered by the Illinois Department shall be reviewed
only |
8 |
| under
and in accordance with the Administrative Review Law.
|
9 |
| (c) When enforcing a lien under subsection (a) of this |
10 |
| Section, the
Illinois Department shall have the authority to |
11 |
| execute notices of
administrative liens and levies, which shall |
12 |
| contain the name and address of
the responsible relative, a |
13 |
| description of the property
to be levied, the fact that a lien
|
14 |
| is being claimed for past-due child support, and such other |
15 |
| information as the
Illinois Department may by rule prescribe. |
16 |
| The Illinois Department may
serve the notice of lien or levy |
17 |
| upon any financial institution where
the accounts as defined in |
18 |
| Section 10-24 of the responsible relative may be
held, for |
19 |
| encumbrance or surrender of the accounts as defined in Section |
20 |
| 10-24
by the financial institution.
|
21 |
| (d) The Illinois Department shall enforce its lien against |
22 |
| the responsible
relative's personal property, other than |
23 |
| accounts as defined in Section 10-24
in financial institutions,
|
24 |
| and
levy upon such personal property in the manner provided for |
25 |
| enforcement of
judgments contained in Article XII of the Code |
26 |
| of Civil Procedure.
|
27 |
| (e) The Illinois Department shall not be required to |
28 |
| furnish bond or make a
deposit for or pay any costs or fees of |
29 |
| any court or officer thereof in any
legal proceeding involving |
30 |
| the lien.
|
31 |
| (f) To protect the lien of the State for past-due child |
32 |
| support, the
Illinois Department may, from funds that are |
33 |
| available for that purpose, pay
or provide for the payment of |
34 |
| necessary or essential repairs, purchase tax
certificates, or |
35 |
| pay or cause to be
satisfied any prior liens on the property to |
36 |
| which the lien hereunder applies.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (g) A lien on personal property under this Section shall be |
2 |
| released
in the manner provided under Article XII
of the Code |
3 |
| of Civil Procedure.
Notwithstanding the foregoing, a lien under |
4 |
| this Section on accounts as defined
in Section 10-24 shall |
5 |
| expire upon the passage of 120 days from the date of
issuance |
6 |
| of the Notice of Lien or Levy by the Illinois Department. |
7 |
| However,
the lien
shall remain in effect during the pendency of |
8 |
| any appeal or protest.
|
9 |
| (h) A lien created under this Section is subordinate to any |
10 |
| prior lien of
the financial institution or any prior lien |
11 |
| holder or any prior right of
set-off that the financial |
12 |
| institution may have against the assets, or in the
case of an |
13 |
| insurance company or benefit association only in the accounts |
14 |
| as
defined in Section 10-24.
|
15 |
| (i) A financial institution has no obligation under this |
16 |
| Section to hold,
encumber, or surrender the assets, or in the |
17 |
| case of an insurance company or
benefit association only the |
18 |
| accounts as defined in Section 10-24, until the
financial
|
19 |
| institution has been properly served with a subpoena, summons, |
20 |
| warrant,
court or administrative order, or administrative lien |
21 |
| and levy requiring that
action.
|
22 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
23 |
| (305 ILCS 5/12-4.7c)
|
24 |
| Sec. 12-4.7c. Exchange of information after July 1, 1997.
|
25 |
| (a) The Department of Human Services shall exchange with |
26 |
| the
Illinois Department of Public Aid information
that may be |
27 |
| necessary for the enforcement of child support orders
entered |
28 |
| pursuant to Sections 10-10 and 10-11 of this Code or pursuant |
29 |
| to
the Illinois Marriage and Dissolution of Marriage Act, the |
30 |
| Non-Support
of Spouse and Children Act, the Non-Support |
31 |
| Punishment Act, the Revised
Uniform Reciprocal Enforcement of
|
32 |
| Support Act, the Uniform Interstate Family Support Act,
or the |
33 |
| Illinois Parentage Act of 1984 , or the Uniform Parentage Act |
34 |
| (2000) .
|
35 |
| (b) Notwithstanding any provisions in this Code to the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| contrary,
the Department of Human Services shall not be liable
|
2 |
| to any person for any disclosure of information to the
Illinois |
3 |
| Department of Public Aid under subsection (a)
or for any other
|
4 |
| action taken in good faith to comply with the requirements of |
5 |
| subsection
(a).
|
6 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
7 |
| Section 905.7. The Abandoned Newborn Infant Protection Act |
8 |
| is amended by changing Section 50 as follows: |
9 |
| (325 ILCS 2/50)
|
10 |
| (Section scheduled to be repealed on July 1, 2007)
|
11 |
| Sec. 50. Child-placing agency procedures.
|
12 |
| (a) The Department's
State Central Registry must maintain a |
13 |
| list of licensed child-placing
agencies willing to take legal |
14 |
| custody of newborn infants relinquished
in accordance with this |
15 |
| Act. The
child-placing agencies on the list must be contacted |
16 |
| by the
Department on a rotating basis upon notice from a |
17 |
| hospital
that a newborn infant has been
relinquished in |
18 |
| accordance with this Act.
|
19 |
| (b) Upon notice from the Department that a newborn infant |
20 |
| has
been relinquished in accordance with this Act, a |
21 |
| child-placing
agency must accept the newborn infant if the |
22 |
| agency has the accommodations to
do
so. The
child-placing |
23 |
| agency must seek an order for legal custody of the
infant upon |
24 |
| its acceptance of the infant.
|
25 |
| (c) Within 3 business days after assuming physical custody |
26 |
| of the infant,
the child-placing agency shall file a
petition
|
27 |
| in the division of the
circuit court in which petitions for |
28 |
| adoption would normally be
heard. The petition shall allege |
29 |
| that the newborn infant has been relinquished
in accordance |
30 |
| with this Act and shall state that the child-placing agency
|
31 |
| intends to place the infant in an adoptive home.
|
32 |
| (d) If no licensed child-placing agency is able to accept |
33 |
| the
relinquished newborn infant, then the Department must |
34 |
| assume
responsibility for the infant as soon as practicable.
|
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (e) A custody order issued under subsection (b) shall |
2 |
| remain in
effect until a final adoption order based on the |
3 |
| relinquished newborn
infant's best interests is issued in |
4 |
| accordance with this Act and the Adoption
Act.
|
5 |
| (f) When possible, the child-placing agency must place a
|
6 |
| relinquished newborn infant in a prospective adoptive home.
|
7 |
| (g) The Department or child-placing agency must initiate |
8 |
| proceedings to (i)
terminate the parental rights of the |
9 |
| relinquished newborn infant's
known or unknown parents, (ii) |
10 |
| appoint a guardian for the infant, and
(iii) obtain consent to |
11 |
| the infant's adoption in accordance with this
Act no sooner |
12 |
| than 60 days following the date of the initial
relinquishment |
13 |
| of the infant to the hospital, police station, fire station,
or
|
14 |
| emergency medical facility.
|
15 |
| (h) Before filing a petition for termination of parental
|
16 |
| rights, the Department or child-placing agency must do the |
17 |
| following:
|
18 |
| (1) Search its Putative Father Registry of Paternity |
19 |
| for the purpose of
determining the identity and location of |
20 |
| the putative father of
the relinquished newborn infant who |
21 |
| is, or is expected to be, the
subject of an adoption |
22 |
| proceeding, in order to provide notice of
the proceeding to |
23 |
| the putative father. At least one search of the
Registry |
24 |
| must be conducted, at least 30 days after the
relinquished |
25 |
| newborn infant's estimated date of birth; earlier
searches |
26 |
| may be conducted, however. Notice to any potential
putative |
27 |
| father discovered in a search of the Registry according
to |
28 |
| the estimated age of the relinquished newborn infant must |
29 |
| be
in accordance with Article 4 of the Uniform Parentage |
30 |
| Act (2000)
Section 12a of the Adoption Act .
|
31 |
| (2) Verify with law enforcement officials, using the |
32 |
| National Crime
Information Center,
that the relinquished |
33 |
| newborn infant is not a missing child.
|
34 |
| (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; |
35 |
| 93-820, eff. 7-27-04.)
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Section 905.8. The Genetic Information Privacy Act is |
2 |
| amended by changing Sections 22 and 30 as follows:
|
3 |
| (410 ILCS 513/22)
|
4 |
| Sec. 22. Tests to determine inherited characteristics in |
5 |
| paternity
proceedings. Nothing in this Act shall be construed |
6 |
| to affect or restrict in
any way the ordering of or use of |
7 |
| results from deoxyribonucleic acid (DNA)
testing or other tests |
8 |
| to determine inherited characteristics by the court in a
|
9 |
| judicial proceeding under the Illinois Parentage Act of 1984 or |
10 |
| under the Uniform Parentage Act (2000) or by the
Illinois |
11 |
| Department of Public Aid in an administrative paternity |
12 |
| proceeding
under Article X of the Illinois Public Aid Code and |
13 |
| rules promulgated under
that Article.
|
14 |
| (Source: P.A. 90-25, eff. 1-1-98.)
|
15 |
| (410 ILCS 513/30)
|
16 |
| Sec. 30. Disclosure of person tested and test results.
|
17 |
| (a) No person may disclose or be compelled to disclose the |
18 |
| identity of any
person upon whom a genetic test is performed or |
19 |
| the results of a genetic test
in a manner that permits |
20 |
| identification of the subject of the test, except to
the |
21 |
| following persons:
|
22 |
| (1) The subject of the test or the subject's legally |
23 |
| authorized
representative. This paragraph does not create |
24 |
| a duty or obligation under
which a health care provider |
25 |
| must notify the subject's spouse or legal guardian
of the |
26 |
| test results, and no such duty or obligation shall be |
27 |
| implied. No civil
liability or criminal sanction under this |
28 |
| Act shall
be imposed for any disclosure or nondisclosure of |
29 |
| a test result to a spouse by
a physician acting in good |
30 |
| faith under this paragraph. For the purpose of any
|
31 |
| proceedings, civil or criminal, the good faith of any |
32 |
| physician acting under
this paragraph shall be presumed.
|
33 |
| (2) Any person designated in a specific written legally |
34 |
| effective release
of the test results executed by the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| subject of the test or the subject's
legally
authorized |
2 |
| representative.
|
3 |
| (3) An authorized agent or employee of a health |
4 |
| facility or health care
provider if the health facility or |
5 |
| health care provider itself is authorized to
obtain the |
6 |
| test results, the agent or employee provides patient care, |
7 |
| and the
agent or employee has a need to know the |
8 |
| information in order to conduct the
tests or provide care |
9 |
| or treatment.
|
10 |
| (4) A health facility or health care provider that |
11 |
| procures, processes,
distributes, or uses:
|
12 |
| (A) a human body part from a deceased person with |
13 |
| respect to
medical information regarding that person; |
14 |
| or
|
15 |
| (B) semen provided prior to the effective date of |
16 |
| this Act for the
purpose of artificial insemination.
|
17 |
| (5) Health facility staff committees for the purposes |
18 |
| of conducting
program
monitoring, program evaluation, or |
19 |
| service reviews.
|
20 |
| (6) In the case of a minor under 18 years of age, the |
21 |
| health care provider
who ordered the test shall make a |
22 |
| reasonable effort to notify the minor's
parent or legal |
23 |
| guardian if, in the professional judgment of the health |
24 |
| care
provider, notification would be in the best interest |
25 |
| of the minor and the
health care provider has first sought |
26 |
| unsuccessfully to persuade the minor to
notify the parent |
27 |
| or legal guardian or after a reasonable time after the |
28 |
| minor
has agreed to notify the parent or legal guardian, |
29 |
| the health care provider has
reason to believe that the |
30 |
| minor has not made the notification. This paragraph
shall |
31 |
| not
create a duty or obligation under which a health care |
32 |
| provider must notify the
minor's parent or legal guardian |
33 |
| of the test results, nor shall a duty or
obligation be |
34 |
| implied. No civil liability or criminal sanction under this |
35 |
| Act
shall be imposed for any notification or |
36 |
| non-notification of a minor's test
result by a health care |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| provider acting in good faith under this paragraph.
For the |
2 |
| purpose of any proceeding, civil or criminal, the good |
3 |
| faith of any
health care provider acting under this |
4 |
| paragraph shall be presumed.
|
5 |
| (7) All information and records held by a State agency |
6 |
| or local health
authority pertaining to genetic |
7 |
| information shall be strictly confidential
and
exempt from |
8 |
| copying and inspection under the Freedom of Information |
9 |
| Act. The
information and records shall not be released or |
10 |
| made public by the State
agency or local health authority |
11 |
| and shall not be admissible as evidence nor
discoverable in |
12 |
| any action of any kind in any court or before any tribunal,
|
13 |
| board, agency, or person and shall be treated in the same |
14 |
| manner as the
information and those records subject to the |
15 |
| provisions of Part 21 of
Article VIII of
the Code
of Civil |
16 |
| Procedure except under the following circumstances:
|
17 |
| (A) when made with the written consent of all |
18 |
| persons to whom the
information pertains;
|
19 |
| (B) when authorized by Section 5-4-3 of the Unified |
20 |
| Code of Corrections;
|
21 |
| (C) when made for the sole purpose of implementing |
22 |
| the Phenylketonuria
Testing Act and rules; or
|
23 |
| (D) when made under the authorization of the |
24 |
| Uniform Parentage Act (2000)
Illinois Parentage Act of
|
25 |
| 1984 .
|
26 |
| Disclosure shall be limited to those who have a need to |
27 |
| know the information,
and no additional disclosures may be |
28 |
| made.
|
29 |
| (b) Disclosure by an insurer in accordance with the |
30 |
| requirements of the
Article XL of the Illinois Insurance Code |
31 |
| shall be deemed compliance with this
Section.
|
32 |
| (Source: P.A. 90-25, eff. 1-1-98.)
|
33 |
| Section 905.9. The Vital Records Act is amended by changing |
34 |
| Sections 12 and 24 as follows:
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
|
2 |
| Sec. 12. Live births; place of registration.
|
3 |
| (1) Each live birth which occurs in this State shall be |
4 |
| registered
with the local or subregistrar of the district in |
5 |
| which the birth occurred
as provided in this Section, within 7 |
6 |
| days after the birth. When a
birth occurs on a moving |
7 |
| conveyance, the city, village, township, or road
district in |
8 |
| which the child is first removed from the conveyance shall be
|
9 |
| considered the place of birth and a birth certificate shall be |
10 |
| filed in the
registration district in which the place is |
11 |
| located.
|
12 |
| (2) When a birth occurs in an institution, the person in |
13 |
| charge of the
institution or his designated representative |
14 |
| shall obtain and record all
the personal and statistical |
15 |
| particulars relative to the parents of the
child that are |
16 |
| required to properly complete the live birth certificate; shall
|
17 |
| secure the required
personal signatures on the hospital |
18 |
| worksheet; shall prepare the certificate
from this worksheet; |
19 |
| and shall file the certificate with the local
registrar. The |
20 |
| institution shall retain the hospital worksheet permanently or
|
21 |
| as
otherwise specified by rule. The
physician in attendance |
22 |
| shall verify or provide the date of birth and
medical |
23 |
| information required by the certificate, within 24 hours after |
24 |
| the
birth occurs.
|
25 |
| (3) When a birth occurs outside an institution, the |
26 |
| certificate shall be
prepared and filed by one of the following |
27 |
| in the indicated order of
priority:
|
28 |
| (a) The physician in attendance at or immediately after |
29 |
| the birth, or in
the absence of such a person,
|
30 |
| (b) Any other person in attendance at or immediately |
31 |
| after the birth, or
in the absence of such a person,
|
32 |
| (c) The father, the mother, or in the absence of the |
33 |
| father and the
inability of the mother, the person in |
34 |
| charge of the premises where the
birth occurred.
|
35 |
| (4) Unless otherwise provided in this Act, if the mother |
36 |
| was not married
to the father of the child at either the time |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| of conception or the time of
birth, the name of the father |
2 |
| shall be entered on the child's
birth certificate only if the |
3 |
| mother and the person to be named as the father
have signed an |
4 |
| acknowledgment of parentage in accordance with subsection (5).
|
5 |
| Unless otherwise provided in this Act, if the mother was |
6 |
| married at the time
of conception or birth and the presumed |
7 |
| father (that is, the mother's husband)
is not the biological |
8 |
| father of the child, the name of the
biological father shall be |
9 |
| entered on the child's birth certificate only if, in
accordance |
10 |
| with subsection (5), (i)
the mother and the person to be named |
11 |
| as the father have signed an
acknowledgment of parentage and |
12 |
| (ii) the mother and presumed father have signed
a denial of |
13 |
| paternity.
|
14 |
| (5) Upon the birth of a child to an unmarried woman, or |
15 |
| upon the birth of
a child to a woman who was married at the time |
16 |
| of conception or birth and whose
husband is not the biological |
17 |
| father of the child, the institution at the time
of birth and |
18 |
| the local registrar or county clerk after the birth shall do |
19 |
| the
following:
|
20 |
| (a) Provide (i) an opportunity for the child's mother |
21 |
| and father to sign
an acknowledgment of parentage and (ii) |
22 |
| if the presumed father is not the
biological father, an |
23 |
| opportunity for the mother and presumed father to sign a
|
24 |
| denial of paternity. The signing and witnessing of the |
25 |
| acknowledgment of
parentage or, if the presumed father of |
26 |
| the child is not the biological father,
the acknowledgment |
27 |
| of parentage and denial of paternity conclusively
|
28 |
| establishes a parent and child relationship in accordance |
29 |
| with the Uniform Parentage Act (2000)
Sections 5 and 6
of |
30 |
| the Illinois Parentage Act of 1984 .
|
31 |
| The Illinois Department of Public Aid shall furnish
the |
32 |
| acknowledgment of parentage and denial of paternity form to |
33 |
| institutions,
county clerks, and State and local |
34 |
| registrars' offices. The form shall
include
instructions |
35 |
| to send the
original signed and witnessed acknowledgment of |
36 |
| parentage and denial of
paternity to the Illinois |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Department of Public Aid.
|
2 |
| (b) Provide the following documents, furnished by the |
3 |
| Illinois Department
of Public Aid, to the child's mother, |
4 |
| biological father, and (if the person
presumed to be the |
5 |
| child's father is not the biological father) presumed |
6 |
| father
for their review at
the time the opportunity is |
7 |
| provided to establish a parent and child
relationship:
|
8 |
| (i) An explanation of the implications of, |
9 |
| alternatives to, legal
consequences of, and the rights |
10 |
| and responsibilities
that arise from signing an
|
11 |
| acknowledgment of parentage and, if necessary, a |
12 |
| denial of
paternity, including an explanation of the |
13 |
| parental rights and
responsibilities of child support, |
14 |
| visitation, custody, retroactive support,
health |
15 |
| insurance coverage, and payment of birth expenses.
|
16 |
| (ii) An explanation of the benefits of having a |
17 |
| child's parentage
established and the availability of |
18 |
| parentage establishment and child
support
enforcement |
19 |
| services.
|
20 |
| (iii) A request for an application for child |
21 |
| support enforcement
services from
the Illinois
|
22 |
| Department of Public Aid.
|
23 |
| (iv) Instructions concerning the opportunity to |
24 |
| speak, either by
telephone or in person, with staff of
|
25 |
| the Illinois Department of Public Aid who are trained |
26 |
| to clarify information
and answer questions about |
27 |
| paternity establishment.
|
28 |
| (v) Instructions for completing and signing the |
29 |
| acknowledgment of
parentage and denial of paternity.
|
30 |
| (c) Provide an oral explanation of the documents and |
31 |
| instructions set
forth in subdivision (5)(b), including an |
32 |
| explanation of the implications of,
alternatives to, legal |
33 |
| consequences of, and the rights and responsibilities
that |
34 |
| arise from signing an acknowledgment of parentage and, if |
35 |
| necessary, a
denial of paternity. The oral explanation may |
36 |
| be given in person or through
the use of video or audio |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| equipment.
|
2 |
| (6) The institution, State or local registrar, or county |
3 |
| clerk shall provide
an
opportunity for the child's father or |
4 |
| mother to sign a rescission of parentage.
The signing and |
5 |
| witnessing of the rescission of parentage voids the
|
6 |
| acknowledgment of parentage and nullifies the presumption of |
7 |
| paternity if
executed and filed with the Illinois Department of |
8 |
| Public Aid within the
time frame contained in Section 5
of the |
9 |
| Illinois Parentage Act of 1984 or Section 307 of the Uniform |
10 |
| Parentage Act (2000) .
The Illinois Department of Public Aid |
11 |
| shall furnish the rescission of parentage
form to institutions, |
12 |
| county clerks, and State and local registrars' offices.
The |
13 |
| form shall include instructions to send the original signed and |
14 |
| witnessed
rescission of parentage to the Illinois Department of |
15 |
| Public Aid.
|
16 |
| (7) An acknowledgment of paternity signed pursuant to |
17 |
| Section 6 of the
Illinois Parentage Act of 1984 or Section 302 |
18 |
| of the Uniform Parentage Act (2000) may be challenged in court |
19 |
| only on the basis of
fraud, duress, or material mistake of |
20 |
| fact, with the burden of proof upon the
challenging party. |
21 |
| Pending outcome of a challenge to the acknowledgment of
|
22 |
| paternity, the legal responsibilities of the signatories shall |
23 |
| remain in full
force and effect, except upon order of the court |
24 |
| upon a showing of good cause.
|
25 |
| (8) When the process for acknowledgment of parentage as |
26 |
| provided for under
subsection (5) establishes the paternity of |
27 |
| a child whose certificate of birth
is on file in
another state, |
28 |
| the Illinois Department of Public Aid shall forward a copy of
|
29 |
| the
acknowledgment of parentage, the denial of paternity, if |
30 |
| applicable, and the
rescission of parentage, if applicable, to |
31 |
| the birth record agency of the state
where the child's |
32 |
| certificate of birth is on file.
|
33 |
| (9) In the event the parent-child relationship has been |
34 |
| established in
accordance with subdivision (a)(1) of Section 6 |
35 |
| of the Parentage Act of 1984 or Article 8 of the Uniform |
36 |
| Parentage Act (2000) ,
the names of the biological mother and |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| biological father so established shall
be entered on the |
2 |
| child's birth certificate, and the names of the surrogate
|
3 |
| mother and surrogate mother's husband, if any, shall not be on |
4 |
| the birth
certificate.
|
5 |
| (Source: P.A. 91-308, eff. 7-29-99; 92-590, eff. 7-1-02.)
|
6 |
| (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
|
7 |
| Sec. 24. (1) To protect the integrity of vital records, to |
8 |
| insure their
proper use, and to insure the efficient and proper |
9 |
| administration of the
vital records system, access to vital |
10 |
| records, and indexes thereof,
including vital records in the |
11 |
| custody of local registrars and county
clerks originating prior |
12 |
| to January 1, 1916, is limited to the custodian
and his |
13 |
| employees, and then only for administrative purposes, except |
14 |
| that
the indexes of those records in the custody of local |
15 |
| registrars and county
clerks, originating prior to January 1, |
16 |
| 1916, shall be made available to
persons for the purpose of |
17 |
| genealogical research. Original, photographic or
|
18 |
| microphotographic reproductions of original records of births |
19 |
| 100 years old
and older and deaths 50 years old and older, and |
20 |
| marriage records 75 years
old and older on file in the State |
21 |
| Office of Vital Records and in the
custody of the county clerks |
22 |
| may be made available for inspection in the
Illinois State |
23 |
| Archives reference area, Illinois Regional Archives
|
24 |
| Depositories, and other libraries approved by the Illinois |
25 |
| State
Registrar and the Director of the Illinois State |
26 |
| Archives, provided that
the photographic or microphotographic |
27 |
| copies are made at no cost to the
county or to the State of |
28 |
| Illinois. It is unlawful for any custodian to
permit inspection |
29 |
| of, or to disclose information contained in, vital
records, or |
30 |
| to copy or permit to be copied, all or part of any such record
|
31 |
| except as authorized by this Act or regulations adopted |
32 |
| pursuant thereto.
|
33 |
| (2) The State Registrar of Vital Records, or his agent, and |
34 |
| any
municipal, county, multi-county, public health district, |
35 |
| or regional health
officer recognized by the Department may |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| examine vital records for the
purpose only of carrying out the |
2 |
| public health programs and
responsibilities under his |
3 |
| jurisdiction.
|
4 |
| (3) The State Registrar of Vital Records, may disclose, or |
5 |
| authorize the
disclosure of, data contained in the vital |
6 |
| records when deemed essential
for bona fide research purposes |
7 |
| which are not for private gain.
|
8 |
| This amendatory Act of 1973 does not apply to any home rule |
9 |
| unit.
|
10 |
| (4) The State Registrar shall exchange with the Illinois
|
11 |
| Department of Public Aid information that
may be necessary for |
12 |
| the establishment of paternity and the establishment,
|
13 |
| modification, and enforcement of child support orders
entered |
14 |
| pursuant to the Illinois Public Aid Code, the Illinois
Marriage |
15 |
| and Dissolution of Marriage Act, the Non-Support of
Spouse and |
16 |
| Children Act, the Non-Support Punishment Act, the Revised |
17 |
| Uniform Reciprocal Enforcement of Support
Act, the Uniform |
18 |
| Interstate Family Support
Act, or the Illinois Parentage Act of |
19 |
| 1984 , or the Uniform Parentage Act (2000) .
Notwithstanding any |
20 |
| provisions in this Act to the
contrary, the State Registrar |
21 |
| shall not be liable
to any person for any disclosure of |
22 |
| information to the
Illinois Department of Public Aid under this |
23 |
| subsection
or for any
other action taken in good faith to |
24 |
| comply with the requirements of this
subsection.
|
25 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
26 |
| Section 905.10. The Illinois Vehicle Code is amended by |
27 |
| changing Sections 2-109.1 and 7-703 as follows:
|
28 |
| (625 ILCS 5/2-109.1)
|
29 |
| Sec. 2-109.1. Exchange of information.
|
30 |
| (a) The Secretary of State shall exchange information with |
31 |
| the Illinois
Department of Public Aid which may be necessary |
32 |
| for
the establishment of
paternity and the establishment, |
33 |
| modification, and enforcement of child
support orders pursuant |
34 |
| to
the Illinois Public Aid Code, the Illinois
Marriage and |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Dissolution of Marriage Act, the Non-Support of
Spouse and |
2 |
| Children Act, the Non-Support Punishment Act, the Revised
|
3 |
| Uniform Reciprocal Enforcement of Support
Act, the Uniform |
4 |
| Interstate Family Support
Act, or the Illinois Parentage Act of |
5 |
| 1984 , or the Uniform Parentage Act (2000) .
|
6 |
| (b) Notwithstanding any provisions in this Code to the
|
7 |
| contrary, the Secretary of State shall not be liable
to any |
8 |
| person for any disclosure of information to the
Illinois |
9 |
| Department of Public Aid under subsection (a)
or for any
other |
10 |
| action taken in good faith to comply with the requirements of
|
11 |
| subsection (a).
|
12 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 7-1-00.)
|
13 |
| (625 ILCS 5/7-703)
|
14 |
| Sec. 7-703. Courts to report non-payment of court ordered |
15 |
| support.
|
16 |
| (a) The
clerk of the circuit court, as provided in |
17 |
| subsection (b) of Section 505 of the
Illinois Marriage and |
18 |
| Dissolution of Marriage Act or as provided in Section 15
of the |
19 |
| Illinois Parentage Act of 1984 , shall forward to the Secretary |
20 |
| of
State, on a form prescribed by the Secretary, an |
21 |
| authenticated document
certifying the court's order suspending |
22 |
| the driving privileges of the obligor.
For any such |
23 |
| certification, the clerk of the court shall charge the obligor |
24 |
| a
fee of $5 as provided in the Clerks of Courts Act.
|
25 |
| (b) If an obligor has been adjudicated in arrears in court |
26 |
| ordered child
support payments in an amount equal to 90 days |
27 |
| obligation or more but has not
been held in contempt of court, |
28 |
| the circuit court may order that the obligor's
driving |
29 |
| privileges be suspended. If the circuit court orders that the
|
30 |
| obligor's driving privileges be suspended, it shall forward to |
31 |
| the Secretary of
State, on a form prescribed by the Secretary, |
32 |
| an authenticated document
certifying the court's order |
33 |
| suspending the driving privileges of the obligor.
The |
34 |
| authenticated document shall
be forwarded to the Secretary of |
35 |
| State by the court no later than 45 days after
entry of the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| order suspending the obligor's driving privileges.
|
2 |
| (Source: P.A. 91-613, eff. 7-1-00.)
|
3 |
| Section 905.11. The Clerks of Courts Act is amended by |
4 |
| changing Section 27.1a as follows:
|
5 |
| (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
|
6 |
| Sec. 27.1a. The fees of the clerks of the circuit court in |
7 |
| all
counties having a population of not more than
500,000 |
8 |
| inhabitants in the instances described in this Section
shall be |
9 |
| as provided in this Section.
In those instances where a minimum |
10 |
| and maximum fee is stated, the clerk of
the circuit court must |
11 |
| charge the minimum fee listed and may charge up to the
maximum |
12 |
| fee if the county board has by resolution increased the fee.
|
13 |
| The fees shall be paid in advance and
shall be as follows:
|
14 |
| (a) Civil Cases.
|
15 |
| The fee for filing a complaint, petition, or other |
16 |
| pleading initiating
a civil action, with the following |
17 |
| exceptions, shall be a minimum of $40 and
a maximum of |
18 |
| $160.
|
19 |
| (A) When the amount of money or damages or the |
20 |
| value of personal
property claimed does not exceed |
21 |
| $250, $10.
|
22 |
| (B) When that amount exceeds $250 but does not |
23 |
| exceed $500, a minimum
of $10 and a maximum of $20.
|
24 |
| (C) When that amount exceeds $500 but does not |
25 |
| exceed $2500, a minimum
of $25 and a maximum of $40.
|
26 |
| (D) When that amount exceeds $2500 but does not |
27 |
| exceed $15,000, a
minimum of $25 and a maximum of $75.
|
28 |
| (E) For the exercise of eminent domain, a minimum |
29 |
| of $45 and
a maximum of $150. For each additional
lot |
30 |
| or tract of land or right or interest therein subject |
31 |
| to be condemned,
the damages in respect to which shall |
32 |
| require separate assessment by a
jury, a minimum of $45 |
33 |
| and a maximum of $150.
|
34 |
| (a-1) Family.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| For filing a petition under the Juvenile Court Act of |
2 |
| 1987, $25.
|
3 |
| For filing a petition for a marriage license, $10.
|
4 |
| For performing a marriage in court, $10.
|
5 |
| For filing a petition under the Uniform Parentage Act |
6 |
| (2000)
Illinois Parentage Act of 1984 , $40.
|
7 |
| (b) Forcible Entry and Detainer.
|
8 |
| In each forcible entry and detainer case when the |
9 |
| plaintiff seeks
possession only or unites with his or her |
10 |
| claim for possession of the property
a claim for rent or |
11 |
| damages or both in the amount of $15,000 or less, a
minimum |
12 |
| of $10 and a maximum of $50.
When the plaintiff unites his |
13 |
| or her claim for possession with a claim for
rent or |
14 |
| damages or both exceeding $15,000, a minimum of $40 and a |
15 |
| maximum of
$160.
|
16 |
| (c) Counterclaim or Joining Third Party Defendant.
|
17 |
| When any defendant files a counterclaim as part of his |
18 |
| or her
answer or otherwise or joins another party as a |
19 |
| third party defendant, or
both, the defendant shall pay a |
20 |
| fee for each counterclaim or third
party action in an |
21 |
| amount equal to the fee he or she would have had to pay
had |
22 |
| he or she brought a separate action for the relief sought |
23 |
| in the
counterclaim or against the third party defendant, |
24 |
| less the amount of the
appearance fee, if that has been |
25 |
| paid.
|
26 |
| (d) Confession of Judgment.
|
27 |
| In a confession of judgment when the amount does not |
28 |
| exceed $1500, a
minimum of $20 and a maximum of $50.
When |
29 |
| the amount exceeds $1500, but does not exceed $15,000, a
|
30 |
| minimum of $40 and a maximum of $115. When the
amount |
31 |
| exceeds $15,000, a minimum of $40 and a maximum of $200.
|
32 |
| (e) Appearance.
|
33 |
| The fee for filing an appearance in each civil case |
34 |
| shall be a minimum of
$15 and a maximum of $60,
except as |
35 |
| follows:
|
36 |
| (A) When the plaintiff in a forcible entry and |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| detainer case seeks
possession only, a minimum of $10 |
2 |
| and a maximum of $50.
|
3 |
| (B) When the amount in the case does not exceed |
4 |
| $1500, a minimum of
$10 and a maximum of $30.
|
5 |
| (C) When that amount exceeds $1500 but does not |
6 |
| exceed $15,000, a
minimum of $15 and a maximum of $60.
|
7 |
| (f) Garnishment, Wage Deduction, and Citation.
|
8 |
| In garnishment affidavit, wage deduction affidavit, |
9 |
| and citation
petition when the amount does not exceed |
10 |
| $1,000, a minimum of $5 and a
maximum
of $15; when the |
11 |
| amount
exceeds $1,000 but does not exceed $5,000, a minimum |
12 |
| of $5 and a maximum of
$30; and when the amount exceeds
|
13 |
| $5,000, a minimum of $5 and a maximum of $50.
|
14 |
| (g) Petition to Vacate or Modify.
|
15 |
| (1) Petition to vacate or modify any final judgment or |
16 |
| order of
court, except in forcible entry and detainer cases |
17 |
| and small claims cases
or a petition to reopen an estate, |
18 |
| to modify, terminate, or enforce a
judgment or order for |
19 |
| child or spousal support, or to modify, suspend, or
|
20 |
| terminate an order for withholding, if filed before 30 days |
21 |
| after the entry
of the judgment or order, a minimum of $20 |
22 |
| and a maximum of $50.
|
23 |
| (2) Petition to vacate or modify any final judgment or |
24 |
| order of court,
except a petition to modify, terminate, or |
25 |
| enforce a judgment or order for
child or spousal support or |
26 |
| to modify, suspend, or terminate an order for
withholding, |
27 |
| if filed later than 30 days after the entry of the judgment |
28 |
| or
order, a minimum of $20 and a maximum of $75.
|
29 |
| (3) Petition to vacate order of bond forfeiture, a |
30 |
| minimum of $10 and a
maximum of $40.
|
31 |
| (h) Mailing.
|
32 |
| When the clerk is required to mail, the fee will be a |
33 |
| minimum of $2 and a
maximum of $10,
plus the cost of |
34 |
| postage.
|
35 |
| (i) Certified Copies.
|
36 |
| Each certified copy of a judgment after the first, |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| except in small
claims and forcible entry and detainer |
2 |
| cases, a minimum of $2 and a maximum
of $10.
|
3 |
| (j) Habeas Corpus.
|
4 |
| For filing a petition for relief by habeas corpus, a |
5 |
| minimum of $60 and a
maximum of $100.
|
6 |
| (k) Certification, Authentication, and Reproduction.
|
7 |
| (1) Each certification or authentication for taking |
8 |
| the acknowledgment
of a deed or other instrument in writing |
9 |
| with the seal of office, a minimum
of $2 and a maximum of |
10 |
| $6.
|
11 |
| (2) Court appeals when original documents are |
12 |
| forwarded, under 100 pages,
plus delivery and costs, a |
13 |
| minimum of $20 and a maximum of $60.
|
14 |
| (3) Court appeals when original documents are |
15 |
| forwarded, over 100 pages,
plus delivery and costs, a |
16 |
| minimum of $50 and a maximum of $150.
|
17 |
| (4) Court appeals when original documents are |
18 |
| forwarded, over 200
pages, an additional fee of a minimum |
19 |
| of 20 cents and a maximum of 25 cents per page.
|
20 |
| (5) For reproduction of any document contained in the |
21 |
| clerk's files:
|
22 |
| (A) First page, a minimum of $1 and a maximum
of |
23 |
| $2.
|
24 |
| (B) Next 19 pages, 50 cents per page.
|
25 |
| (C) All remaining pages, 25 cents per page.
|
26 |
| (l) Remands.
|
27 |
| In any cases remanded to the Circuit Court from the |
28 |
| Supreme Court
or the Appellate Court for a new trial, the |
29 |
| clerk shall file the remanding
order and reinstate the case |
30 |
| with either its original number or a new number.
The Clerk |
31 |
| shall not charge any new or additional fee for the |
32 |
| reinstatement.
Upon reinstatement the Clerk shall advise |
33 |
| the parties of the reinstatement. A
party shall have the |
34 |
| same right to a jury trial on remand and reinstatement as
|
35 |
| he or she had before the appeal, and no additional or new |
36 |
| fee or charge shall
be made for a jury trial after remand.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (m) Record Search.
|
2 |
| For each record search, within a division or municipal |
3 |
| district, the
clerk shall be entitled to a search fee of a |
4 |
| minimum of $4 and a maximum of
$6 for each year searched.
|
5 |
| (n) Hard Copy.
|
6 |
| For each page of hard copy print output, when case |
7 |
| records are
maintained on an automated medium, the clerk |
8 |
| shall be entitled to a fee of a
minimum of $4 and a maximum |
9 |
| of $6.
|
10 |
| (o) Index Inquiry and Other Records.
|
11 |
| No fee shall be charged for a single |
12 |
| plaintiff/defendant index inquiry
or single case record |
13 |
| inquiry when this request is made in person and the
records |
14 |
| are maintained in a current automated medium, and when no |
15 |
| hard copy
print output is requested. The fees to be charged |
16 |
| for management records,
multiple case records, and |
17 |
| multiple journal records may be specified by the
Chief |
18 |
| Judge pursuant to the guidelines for access and |
19 |
| dissemination of
information approved by the Supreme |
20 |
| Court.
|
21 |
| (p) (Blank).
|
22 |
| a minimum of $25 and a maximum
of $50
|
23 |
| (q) Alias Summons.
|
24 |
| For each alias summons or citation issued by the clerk, |
25 |
| a minimum of $2
and a maximum of $5.
|
26 |
| (r) Other Fees.
|
27 |
| Any fees not covered in this Section shall be set by |
28 |
| rule or
administrative order of the Circuit Court with the |
29 |
| approval of the
Administrative Office of the Illinois |
30 |
| Courts.
|
31 |
| The clerk of the circuit court may provide additional |
32 |
| services for
which there is no fee specified by statute in |
33 |
| connection with the operation
of the clerk's office as may |
34 |
| be requested by the public and agreed to by
the clerk and |
35 |
| approved by the chief judge of the circuit court. Any
|
36 |
| charges for additional services shall be as agreed to
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| between the clerk and the party making the request and |
2 |
| approved by the
chief judge of the circuit court. Nothing |
3 |
| in this
subsection shall be construed to require any clerk |
4 |
| to provide any service
not otherwise required by law.
|
5 |
| (s) Jury Services.
|
6 |
| The clerk shall be entitled to receive, in addition to |
7 |
| other fees
allowed by law, the sum of a minimum of $62.50 |
8 |
| and a maximum of $212.50, as a fee for the services of a |
9 |
| jury in
every civil action not quasi-criminal in its nature |
10 |
| and not a proceeding
for the exercise of the right of |
11 |
| eminent domain and in every other action
wherein the right |
12 |
| of trial by jury is or may be given by law. The jury fee
|
13 |
| shall be paid by the party demanding a jury at the time of |
14 |
| filing the jury
demand. If the fee is not paid by either |
15 |
| party, no jury shall be called in
the action or proceeding, |
16 |
| and the same shall be tried by the court without
a jury.
|
17 |
| (t) Voluntary Assignment.
|
18 |
| For filing each deed of voluntary assignment, a minimum |
19 |
| of $10 and a
maximum of $20; for recording
the same, a |
20 |
| minimum of 25 cents and a maximum of 50 cents for each
100 |
21 |
| words. Exceptions filed to claims presented
to an assignee |
22 |
| of a debtor who has made a voluntary assignment for the
|
23 |
| benefit of creditors shall be considered and treated, for |
24 |
| the purpose of
taxing costs therein, as actions in which |
25 |
| the party or parties filing
the exceptions shall be |
26 |
| considered as party or parties plaintiff, and
the claimant |
27 |
| or claimants as party or parties defendant, and those
|
28 |
| parties respectively shall pay to the clerk the same fees
|
29 |
| as provided by this Section to be paid in other actions.
|
30 |
| (u) Expungement Petition.
|
31 |
| The clerk shall be entitled to receive a fee of a |
32 |
| minimum of $15 and a
maximum of $60 for each
expungement |
33 |
| petition filed and an additional fee of a minimum of $2 and |
34 |
| a
maximum of $4 for each certified
copy of an order to |
35 |
| expunge arrest records.
|
36 |
| (v) Probate.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| The clerk is entitled to receive the fees
specified in |
2 |
| this subsection (v), which shall be paid in advance,
except |
3 |
| that, for good cause shown, the court may suspend, reduce, |
4 |
| or
release the costs payable under this subsection:
|
5 |
| (1) For administration of the estate of a decedent |
6 |
| (whether testate
or intestate) or of a missing person, a |
7 |
| minimum of $50 and a maximum of
$150, plus the fees |
8 |
| specified in
subsection (v)(3), except:
|
9 |
| (A) When the value of the real and personal |
10 |
| property does not exceed
$15,000, the fee shall be a |
11 |
| minimum of $25 and a maximum of $40.
|
12 |
| (B) When (i) proof of heirship alone is made, (ii) |
13 |
| a domestic or
foreign will is admitted to probate |
14 |
| without administration (including
proof of heirship), |
15 |
| or (iii) letters of office are issued for a particular
|
16 |
| purpose without administration of the estate, the fee |
17 |
| shall be a minimum of
$10 and a maximum of $40.
|
18 |
| (C) For filing a petition to sell Real Estate, $50.
|
19 |
| (2) For administration of the estate of a ward, a |
20 |
| minimum of $50 and a
maximum of $75,
plus the fees |
21 |
| specified in subsection (v)(3), except:
|
22 |
| (A) When the value of the real and personal |
23 |
| property does not exceed
$15,000, the fee shall be a |
24 |
| minimum of $25 and a maximum of $40.
|
25 |
| (B) When (i) letters of office are issued to a |
26 |
| guardian of the person
or persons,
but not of the |
27 |
| estate or (ii) letters of office are issued in the |
28 |
| estate of
a ward without administration of the estate, |
29 |
| including filing or joining in
the filing of a tax |
30 |
| return or releasing a mortgage or consenting to the
|
31 |
| marriage of the ward, the fee shall be a minimum of $10 |
32 |
| and a maximum of
$20.
|
33 |
| (C) For filing a Petition to sell Real Estate, $50.
|
34 |
| (3) In addition to the fees payable under subsection |
35 |
| (v)(1) or (v)(2)
of this Section, the following fees are |
36 |
| payable:
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (A) For each account (other than one final account) |
2 |
| filed in the
estate of a decedent, or ward, a minimum |
3 |
| of $10 and a maximum of $25.
|
4 |
| (B) For filing a claim in an estate when the amount |
5 |
| claimed is $150
or more but less than $500, a minimum |
6 |
| of $10 and a maximum of $25;
when the amount claimed is |
7 |
| $500 or more
but less than $10,000, a minimum of $10 |
8 |
| and a maximum of $40; when
the amount claimed is |
9 |
| $10,000 or more, a minimum of $10 and a maximum of
$60; |
10 |
| provided that the court in allowing a claim may add to |
11 |
| the
amount
allowed the filing fee paid by the claimant.
|
12 |
| (C) For filing in an estate a claim, petition, or |
13 |
| supplemental
proceeding based upon an action seeking |
14 |
| equitable relief including the
construction or contest |
15 |
| of a will, enforcement of a contract to make a
will, |
16 |
| and proceedings involving testamentary trusts or the |
17 |
| appointment of
testamentary trustees, a minimum of $40 |
18 |
| and a maximum of $60.
|
19 |
| (D) For filing in an estate (i) the appearance of |
20 |
| any person for the
purpose of consent or (ii) the |
21 |
| appearance of an executor, administrator,
|
22 |
| administrator to collect, guardian, guardian ad litem, |
23 |
| or special
administrator, no fee.
|
24 |
| (E) Except as provided in subsection (v)(3)(D), |
25 |
| for filing the
appearance of any person or persons, a |
26 |
| minimum of $10 and a maximum of $30.
|
27 |
| (F) For each jury demand, a minimum of $62.50 and a |
28 |
| maximum of
$137.50.
|
29 |
| (G) For disposition of the collection of a judgment |
30 |
| or settlement of
an action or claim for wrongful death |
31 |
| of a decedent or of any cause of
action of a ward, when |
32 |
| there is no other administration of the estate, a
|
33 |
| minimum of $30 and a maximum of $50,
less any amount |
34 |
| paid under subsection (v)(1)(B) or (v)(2)(B) except |
35 |
| that if
the amount involved does not exceed $5,000, the |
36 |
| fee, including any amount
paid under subsection |
|
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
|
2 |
| maximum of $20.
|
3 |
| (H) For each certified copy of letters of office, |
4 |
| of court order or
other certification, a minimum of $1 |
5 |
| and a maximum of $2, plus a
minimum of 50 cents and a |
6 |
| maximum of $1 per page in excess of 3 pages
for the
|
7 |
| document certified.
|
8 |
| (I) For each exemplification, a minimum of $1 and a |
9 |
| maximum of $2, plus the fee for certification.
|
10 |
| (4) The executor, administrator, guardian, petitioner,
|
11 |
| or other interested person or his or her attorney shall pay |
12 |
| the cost of
publication by the clerk directly to the |
13 |
| newspaper.
|
14 |
| (5) The person on whose behalf a charge is incurred for |
15 |
| witness,
court reporter, appraiser, or other miscellaneous |
16 |
| fee shall pay the same
directly to the person entitled |
17 |
| thereto.
|
18 |
| (6) The executor, administrator, guardian, petitioner, |
19 |
| or other
interested person or his or her attorney shall pay |
20 |
| to the clerk all postage
charges incurred by the clerk in |
21 |
| mailing petitions, orders, notices, or
other documents |
22 |
| pursuant to the provisions of the Probate Act of 1975.
|
23 |
| (w) Criminal and Quasi-Criminal Costs and Fees.
|
24 |
| (1) The clerk shall be entitled to costs in all |
25 |
| criminal
and quasi-criminal cases from each person |
26 |
| convicted or sentenced to
supervision therein as follows:
|
27 |
| (A) Felony complaints, a minimum of $40 and a |
28 |
| maximum of $100.
|
29 |
| (B) Misdemeanor complaints, a minimum of $25 and a |
30 |
| maximum of $75.
|
31 |
| (C) Business offense complaints, a minimum of $25 |
32 |
| and a maximum of
$75.
|
33 |
| (D) Petty offense complaints, a minimum of $25 and |
34 |
| a maximum of $75.
|
35 |
| (E) Minor traffic or ordinance violations, $10.
|
36 |
| (F) When court appearance required, $15.
|
|
|
|
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LRB094 11316 DRJ 42141 b |
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| (G) Motions to vacate or amend final orders, a |
2 |
| minimum of $20 and a
maximum of $40.
|
3 |
| (H) Motions to vacate bond forfeiture orders, a |
4 |
| minimum of $20 and
a maximum of $40.
|
5 |
| (I) Motions to vacate ex parte judgments, whenever |
6 |
| filed, a minimum of
$20 and a maximum of $40.
|
7 |
| (J) Motions to vacate judgment on forfeitures, |
8 |
| whenever filed, a
minimum of $20 and a maximum of $40.
|
9 |
| (K) Motions to vacate "failure to appear" or |
10 |
| "failure to comply"
notices sent to the Secretary of |
11 |
| State, a minimum of $20 and a maximum of
$40.
|
12 |
| (2) In counties having a population of not
more
than |
13 |
| 500,000 inhabitants, when the violation complaint is
|
14 |
| issued by a
municipal police department, the clerk shall be |
15 |
| entitled to costs from each
person convicted therein as |
16 |
| follows:
|
17 |
| (A) Minor traffic or ordinance violations, $10.
|
18 |
| (B) When court appearance required, $15.
|
19 |
| (3) In ordinance violation cases punishable by fine |
20 |
| only, the clerk
of the circuit court shall be entitled to |
21 |
| receive, unless the fee is
excused upon a finding by the |
22 |
| court that the defendant is indigent, in
addition to other |
23 |
| fees or costs allowed or imposed by law, the sum of a
|
24 |
| minimum of $62.50 and a maximum of $137.50
as a fee for the |
25 |
| services of a jury. The jury fee shall be paid by the
|
26 |
| defendant at the time of filing his or her jury demand. If |
27 |
| the fee is not
so paid by the defendant, no jury shall be |
28 |
| called, and the case shall be
tried by the court without a |
29 |
| jury.
|
30 |
| (x) Transcripts of Judgment.
|
31 |
| For the filing of a transcript of judgment, the clerk |
32 |
| shall be entitled
to the same fee as if it were the |
33 |
| commencement of a new suit.
|
34 |
| (y) Change of Venue.
|
35 |
| (1) For the filing of a change of case on a change of |
36 |
| venue, the clerk
shall be entitled to the same fee as if it |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| 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.
|
27 |
| (4) In child support and maintenance cases, the clerk, |
28 |
| if authorized by an
ordinance of the county board, may |
29 |
| collect an annual fee of up to $36 from
the person making |
30 |
| payment for maintaining child support records and the
|
31 |
| processing of support orders to the State of Illinois KIDS |
32 |
| system and the
recording of payments issued by the State |
33 |
| Disbursement Unit for the official
record of the Court. |
34 |
| This fee shall be in addition
to and separate from amounts |
35 |
| ordered to be paid as maintenance or child
support and |
36 |
| shall be deposited into a Separate Maintenance and Child |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| Support
Collection Fund, of which the clerk shall be the |
2 |
| custodian, ex-officio, to
be used by the clerk to maintain |
3 |
| child support orders and record all payments
issued by the |
4 |
| State Disbursement Unit for the official record of the |
5 |
| Court.
The clerk may recover from the person making the |
6 |
| maintenance or child support
payment any additional cost |
7 |
| incurred in the collection of this annual
fee.
|
8 |
| The clerk shall also be entitled to a fee of $5 for |
9 |
| certifications made
to the Secretary of State as provided |
10 |
| in Section 7-703 of the Family
Financial Responsibility Law |
11 |
| and these fees shall also be deposited into the
Separate |
12 |
| Maintenance and Child Support Collection Fund.
|
13 |
| (cc) Corrections of Numbers.
|
14 |
| For correction of the case number, case
title, or |
15 |
| attorney computer identification number, if required by |
16 |
| rule of
court, on any document filed in the clerk's office, |
17 |
| to be charged against
the party that filed the document, a |
18 |
| minimum of $10 and a maximum of $25.
|
19 |
| (dd) Exceptions.
|
20 |
| (1) The fee requirements of this Section shall not |
21 |
| apply to police
departments or other law enforcement |
22 |
| agencies. In this Section, "law
enforcement agency" means |
23 |
| an agency of the State or a unit of local
government which |
24 |
| is vested by law or ordinance with the duty to maintain
|
25 |
| public order and to enforce criminal laws or ordinances. |
26 |
| "Law enforcement
agency" also means the Attorney General or |
27 |
| any state's attorney.
|
28 |
| (2) No fee provided herein shall be charged to any unit |
29 |
| of local
government or school district.
|
30 |
| (3) The fee requirements of this Section shall not |
31 |
| apply to any action
instituted under subsection (b) of |
32 |
| Section 11-31-1 of the Illinois Municipal
Code by a private |
33 |
| owner or tenant of real property within 1200 feet of a
|
34 |
| dangerous or unsafe building seeking an order compelling |
35 |
| the owner or owners of
the building to take any of the |
36 |
| actions authorized under that subsection.
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| (4) The fee requirements of this Section shall not |
2 |
| apply to the filing of
any
commitment petition or petition |
3 |
| for an order authorizing the administration of
authorized
|
4 |
| involuntary treatment in the form of medication under the |
5 |
| Mental Health and
Developmental Disabilities Code.
|
6 |
| (ee) Adoptions.
|
7 |
| (1) For an adoption ...................................$65
|
8 |
| (2) Upon good cause shown, the court may waive the |
9 |
| adoption filing fee in
a special needs adoption. The term |
10 |
| "special needs adoption" shall have the
meaning ascribed to |
11 |
| it by the Illinois Department of Children and Family
|
12 |
| Services.
|
13 |
| (ff) Adoption exemptions.
|
14 |
| No fee other than that set forth in subsection (ee) |
15 |
| shall be charged to any
person in connection with an |
16 |
| adoption proceeding nor may any fee be charged for
|
17 |
| proceedings for the appointment of a confidential |
18 |
| intermediary under the
Adoption Act.
|
19 |
| (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, |
20 |
| eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; |
21 |
| revised 9-5-03.)
|
22 |
| Section 905.12. The Juvenile Court Act of 1987 is amended |
23 |
| by changing Sections 1-3 and 6-9 as follows:
|
24 |
| (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
|
25 |
| Sec. 1-3. Definitions. Terms used in this Act, unless the |
26 |
| context
otherwise requires, have the following meanings |
27 |
| ascribed to them:
|
28 |
| (1) "Adjudicatory hearing" means a hearing to
determine |
29 |
| whether the allegations of a petition under Section 2-13, 3-15 |
30 |
| or
4-12 that a minor under 18 years of age is abused, neglected |
31 |
| or dependent, or
requires authoritative intervention, or |
32 |
| addicted, respectively, are supported
by a preponderance of the |
33 |
| evidence or whether the allegations of a petition
under Section |
34 |
| 5-520 that a minor is delinquent are proved beyond a reasonable
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| doubt.
|
2 |
| (2) "Adult" means a person 21 years of age or older.
|
3 |
| (3) "Agency" means a public or private child care facility
|
4 |
| legally authorized or licensed by this State for placement or |
5 |
| institutional
care or for both placement and institutional |
6 |
| care.
|
7 |
| (4) "Association" means any organization, public or
|
8 |
| private, engaged in welfare functions which include services to |
9 |
| or on behalf of
children but does not include "agency" as |
10 |
| herein defined.
|
11 |
| (4.05) Whenever a "best interest" determination is
|
12 |
| required, the following factors shall be considered in the |
13 |
| context of the
child's age and developmental needs:
|
14 |
| (a) the physical safety and welfare of the child, including |
15 |
| food, shelter,
health, and clothing;
|
16 |
| (b) the development of the child's identity;
|
17 |
| (c) the child's background and ties, including familial,
|
18 |
| cultural, and religious;
|
19 |
| (d) the child's sense of attachments, including:
|
20 |
| (i) where the child actually feels love, attachment, |
21 |
| and a sense of
being valued (as opposed to where adults |
22 |
| believe the child should
feel such love, attachment, and a |
23 |
| sense of being valued);
|
24 |
| (ii) the child's sense of security;
|
25 |
| (iii) the child's sense of familiarity;
|
26 |
| (iv) continuity of affection for the child;
|
27 |
| (v) the least disruptive placement alternative for the |
28 |
| child;
|
29 |
| (e) the child's wishes and long-term goals;
|
30 |
| (f) the child's community ties, including church, school, |
31 |
| and friends;
|
32 |
| (g) the child's need for permanence which includes the |
33 |
| child's need for
stability and continuity of relationships with |
34 |
| parent figures and with siblings
and other relatives;
|
35 |
| (h) the uniqueness of every family and child;
|
36 |
| (i) the risks attendant to entering and being in substitute |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| care; and
|
2 |
| (j) the preferences of the persons available to care for |
3 |
| the child.
|
4 |
| (4.1) "Chronic truant" shall have the definition
ascribed |
5 |
| to it in Section 26-2a of the School Code.
|
6 |
| (5) "Court" means the circuit court in a session or |
7 |
| division
assigned to hear proceedings under this Act.
|
8 |
| (6) "Dispositional hearing" means a hearing to
determine |
9 |
| whether a minor should be adjudged to be a ward of the court, |
10 |
| and to
determine what order of disposition should be made in |
11 |
| respect to a minor
adjudged to be a ward of the court.
|
12 |
| (7) "Emancipated minor" means any minor 16 years of age or |
13 |
| over who has
been completely or partially emancipated under the |
14 |
| " Emancipation of
Mature Minors Act ", enacted by the |
15 |
| Eighty-First General Assembly, or
under this Act.
|
16 |
| (8) "Guardianship of the person" of a minor
means the duty |
17 |
| and authority to act in the best interests of the minor, |
18 |
| subject
to residual parental rights and responsibilities, to |
19 |
| make important decisions
in matters having a permanent effect |
20 |
| on the life and development of the minor
and to be concerned |
21 |
| with his or her general welfare. It includes but is not
|
22 |
| necessarily limited to:
|
23 |
| (a) the authority to consent to marriage, to enlistment |
24 |
| in the armed
forces of the United States, or to a major |
25 |
| medical, psychiatric, and
surgical treatment; to represent |
26 |
| the minor in legal actions; and to make
other decisions of |
27 |
| substantial legal significance concerning the minor;
|
28 |
| (b) the authority and duty of reasonable visitation, |
29 |
| except to the
extent that these have been limited in the |
30 |
| best interests of the minor by
court order;
|
31 |
| (c) the rights and responsibilities of legal custody |
32 |
| except where legal
custody has been vested in another |
33 |
| person or agency; and
|
34 |
| (d) the power to consent to the adoption of the minor, |
35 |
| but only if
expressly conferred on the guardian in |
36 |
| accordance with Section 2-29, 3-30, or
4-27.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (9) "Legal custody" means the relationship created by an
|
2 |
| order of court in the best interests of the minor which imposes |
3 |
| on the
custodian the responsibility of physical possession of a |
4 |
| minor and the duty to
protect, train and discipline him and to |
5 |
| provide him with food, shelter,
education and ordinary medical |
6 |
| care, except as these are limited by residual
parental rights |
7 |
| and responsibilities and the rights and responsibilities of the
|
8 |
| guardian of the person, if any.
|
9 |
| (10) "Minor" means a person under the age of 21 years |
10 |
| subject to
this Act.
|
11 |
| (11) "Parent" means the father or mother of a child and
|
12 |
| includes any adoptive parent. It also includes a man (i)
whose |
13 |
| paternity
is presumed or has been established under the law of |
14 |
| this or another
jurisdiction or (ii) who has registered with |
15 |
| the Putative Father Registry in
accordance with Section 12.1 of |
16 |
| the Adoption Act or with the Registry of Paternity under the |
17 |
| Uniform Parentage Act (2000) and whose paternity has not
been |
18 |
| ruled out under the law of this or another jurisdiction. It |
19 |
| does not
include a
parent whose rights in respect to the
minor |
20 |
| have been terminated in any manner provided by law.
|
21 |
| (11.1) "Permanency goal" means a goal set by the court as |
22 |
| defined in
subdivision (2) of Section 2-28.
|
23 |
| (11.2) "Permanency hearing" means a hearing to set the |
24 |
| permanency goal and
to review and determine (i) the |
25 |
| appropriateness of the services contained in
the plan and |
26 |
| whether those services have been provided, (ii) whether |
27 |
| reasonable
efforts have been made by all the parties to the |
28 |
| service plan to achieve the
goal, and (iii) whether the plan |
29 |
| and goal have been achieved.
|
30 |
| (12) "Petition" means the petition provided for in Section
|
31 |
| 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions |
32 |
| thereunder
in Section 3-15, 4-12 or 5-520.
|
33 |
| (13) "Residual parental
rights and responsibilities" means |
34 |
| those rights and responsibilities remaining
with the parent |
35 |
| after the transfer of legal custody or guardianship of the
|
36 |
| person, including, but not necessarily limited to, the right to |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| reasonable
visitation (which may be limited by the court in the |
2 |
| best interests of the
minor as provided in subsection (8)(b) of |
3 |
| this Section), the right to consent
to adoption, the right to |
4 |
| determine the minor's religious affiliation, and the
|
5 |
| responsibility for his support.
|
6 |
| (14) "Shelter" means the temporary care of a minor in
|
7 |
| physically unrestricting facilities pending court disposition |
8 |
| or execution of
court order for placement.
|
9 |
| (15) "Station adjustment" means the informal
handling of an |
10 |
| alleged offender by a juvenile police officer.
|
11 |
| (16) "Ward of the court" means a minor who is so
adjudged |
12 |
| under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
|
13 |
| requisite jurisdictional facts, and thus is subject to the |
14 |
| dispositional powers
of the court under this Act.
|
15 |
| (17) "Juvenile police officer" means a sworn
police officer |
16 |
| who has completed a Basic Recruit Training Course, has been
|
17 |
| assigned to the position of juvenile police officer by his or |
18 |
| her chief law
enforcement officer and has completed the |
19 |
| necessary juvenile officers training
as prescribed by the |
20 |
| Illinois Law Enforcement Training Standards Board, or in
the |
21 |
| case of a State police officer, juvenile officer
training |
22 |
| approved by the Director of the Department of State Police.
|
23 |
| (18) "Secure child care facility" means any child care |
24 |
| facility licensed
by the Department of Children and Family |
25 |
| Services to provide secure living
arrangements for children |
26 |
| under 18 years of age who are subject to placement in
|
27 |
| facilities under the Children and Family Services Act and who |
28 |
| are not subject
to placement in facilities for whom standards |
29 |
| are established by the Department
of Corrections under Section |
30 |
| 3-15-2 of the Unified Code of Corrections.
"Secure child care |
31 |
| facility" also means a
facility that is designed and operated |
32 |
| to ensure that all entrances and
exits
from the facility, a |
33 |
| building, or a distinct part of the building are under the
|
34 |
| exclusive control of the staff of the facility, whether or not |
35 |
| the child has
the freedom of movement within the perimeter of |
36 |
| the facility, building, or
distinct part of the building.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590, |
2 |
| eff. 1-1-99;
90-608, eff. 6-30-98; 90-655, eff. 7-30-98; |
3 |
| 91-357, eff. 7-29-99; revised
10-9-03.)
|
4 |
| (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
|
5 |
| Sec. 6-9. Enforcement of liability of parents and others.
|
6 |
| (1) If parentage is at issue in any proceeding under this |
7 |
| Act, the
Uniform Parentage Act (2000)
Illinois Parentage Act of |
8 |
| 1984 shall apply and the court shall enter orders
consistent |
9 |
| with that Act. If it appears at any hearing that a parent or
|
10 |
| any other person named in the petition, liable under the law |
11 |
| for the
support of the minor, is able to contribute to his or |
12 |
| her support, the court
shall enter an order requiring that |
13 |
| parent or other person to pay the clerk of
the court, or to the |
14 |
| guardian or custodian appointed under Sections 2-27,
3-28, 4-25 |
15 |
| or 5-740, a reasonable sum from time to time for the care,
|
16 |
| support and necessary special care or treatment, of the minor.
|
17 |
| If the court
determines at any hearing that a parent or any |
18 |
| other person named in the
petition, liable under the law for |
19 |
| the support of the minor, is able to
contribute to help defray |
20 |
| the costs associated with the minor's detention in a
county or |
21 |
| regional detention center, the court shall enter an order |
22 |
| requiring
that parent or other person to pay the clerk of the |
23 |
| court a reasonable sum for
the care and support of the minor.
|
24 |
| The court
may require reasonable security for the payments. |
25 |
| Upon failure to pay, the
court may enforce obedience to the |
26 |
| order by a proceeding as for contempt of
court.
|
27 |
| If it appears that the person liable for the support of the |
28 |
| minor is
able to contribute to legal fees for representation of |
29 |
| the minor, the court
shall enter an order requiring that person |
30 |
| to pay a reasonable sum for the
representation, to the attorney |
31 |
| providing the representation or to the
clerk of the court for |
32 |
| deposit in the appropriate account or fund. The sum
may be paid |
33 |
| as the court directs, and the payment thereof secured and
|
34 |
| enforced as provided in this Section for support.
|
35 |
| If it appears at the detention or shelter care hearing of a |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| minor before
the court under Section 5-501 that a parent or any |
2 |
| other person
liable for
support of the minor is able to |
3 |
| contribute to his or her support, that parent
or other person |
4 |
| shall be required to pay a fee for room and board at a rate not
|
5 |
| to exceed $10 per day established, with the concurrence of the |
6 |
| chief judge of
the judicial circuit, by the county board of the |
7 |
| county in which the minor is
detained unless the court |
8 |
| determines that it is in the best interest and
welfare of the |
9 |
| minor to waive the fee. The concurrence of the chief judge
|
10 |
| shall be in the form of an administrative order. Each week, on |
11 |
| a day
designated by the clerk of the circuit court, that parent |
12 |
| or other person shall
pay the clerk for the minor's room and |
13 |
| board. All fees for room and board
collected by the circuit |
14 |
| court clerk shall be disbursed into the separate
county fund |
15 |
| under Section 6-7.
|
16 |
| Upon application, the court shall waive liability for |
17 |
| support or legal fees
under this Section if the parent or other |
18 |
| person establishes that he or she is
indigent and unable to pay |
19 |
| the incurred liability, and the court may reduce or
waive |
20 |
| liability if the parent or other person establishes |
21 |
| circumstances showing
that full payment of support or legal |
22 |
| fees would result in financial hardship
to the person or his or |
23 |
| her family.
|
24 |
| (2) When a person so ordered to pay for the care and |
25 |
| support of a minor
is employed for wages, salary or commission, |
26 |
| the court may order him to
make the support payments for which |
27 |
| he is liable under this Act out of his
wages, salary or |
28 |
| commission and to assign so much thereof as will pay the
|
29 |
| support. The court may also order him to make discovery to the |
30 |
| court as to
his place of employment and the amounts earned by |
31 |
| him. Upon his failure to
obey the orders of court he may be |
32 |
| punished as for contempt of court.
|
33 |
| (3) If the minor is a recipient of public aid under the |
34 |
| Illinois Public
Aid Code, the court shall order that payments |
35 |
| made by a parent or through
assignment of his wages, salary or |
36 |
| commission be made directly to (a) the
Illinois Department of |
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| Public Aid if the minor is a recipient of aid under
Article V |
2 |
| of the Code, (b) the Department of Human Services if the
minor |
3 |
| is a recipient of aid under Article IV of the Code, or (c)
the |
4 |
| local governmental unit
responsible for the support of the |
5 |
| minor if he is a recipient under
Articles VI or VII of the |
6 |
| Code. The order shall permit the Illinois
Department of Public |
7 |
| Aid, the Department of Human Services, or the local
|
8 |
| governmental unit, as the case may
be, to direct that |
9 |
| subsequent payments be made directly to the guardian or
|
10 |
| custodian of the minor, or to some other person or agency in |
11 |
| the minor's
behalf, upon removal of the minor from the public |
12 |
| aid rolls; and upon such
direction and removal of the minor |
13 |
| from the public aid rolls, the Illinois
Department of Public |
14 |
| Aid, Department of Human Services, or local
governmental unit, |
15 |
| as the case requires, shall give
written notice of such action |
16 |
| to the court. Payments received by the
Illinois Department of |
17 |
| Public Aid, Department of Human Services, or local
governmental |
18 |
| unit are to be
covered, respectively, into the General Revenue |
19 |
| Fund of the State Treasury
or General Assistance Fund of the |
20 |
| governmental unit, as provided in Section
10-19 of the Illinois |
21 |
| Public Aid Code.
|
22 |
| (Source: P.A. 90-157, eff. 1-1-98; 90-483, eff.
1-1-98; 90-590, |
23 |
| eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
|
24 |
| Section 905.13. The Code of Criminal Procedure of 1963 is |
25 |
| amended by changing Section 112A-14 as follows:
|
26 |
| (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
27 |
| Sec. 112A-14. Order of protection; remedies.
|
28 |
| (a) Issuance of order. If the court finds that petitioner |
29 |
| has been
abused by a family or household member, as defined in |
30 |
| this Article, an
order of protection prohibiting such abuse |
31 |
| shall issue; provided that
petitioner must also satisfy the |
32 |
| requirements of one of the following
Sections, as appropriate: |
33 |
| Section 112A-17 on emergency orders, Section
112A-18 on interim |
34 |
| orders, or Section 112A-19 on
plenary orders.
Petitioner shall |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| not be denied an order of protection because petitioner or
|
2 |
| respondent is a minor. The court, when determining whether or |
3 |
| not to issue
an order of protection, shall not require physical |
4 |
| manifestations of abuse
on the person of the victim. |
5 |
| Modification and extension of prior orders of
protection shall |
6 |
| be in accordance with this Article.
|
7 |
| (b) Remedies and standards. The remedies to be included in |
8 |
| an order of
protection shall be determined in accordance with |
9 |
| this Section and one of
the following Sections, as appropriate: |
10 |
| Section 112A-17 on
emergency orders,
Section 112A-18 on interim |
11 |
| orders, and Section 112A-19 on
plenary orders.
The remedies |
12 |
| listed in this subsection shall be in addition to other civil
|
13 |
| or criminal remedies available to petitioner.
|
14 |
| (1) Prohibition of abuse. Prohibit respondent's |
15 |
| harassment,
interference with personal liberty, |
16 |
| intimidation of a dependent, physical
abuse or willful |
17 |
| deprivation, as defined in this Article, if such abuse has
|
18 |
| occurred or otherwise appears likely to occur if not |
19 |
| prohibited.
|
20 |
| (2) Grant of exclusive possession of residence. |
21 |
| Prohibit respondent
from entering or remaining in any |
22 |
| residence or household of the petitioner,
including one |
23 |
| owned or leased by respondent, if petitioner has a right
to |
24 |
| occupancy thereof. The grant of exclusive possession of the |
25 |
| residence
shall not affect title to real property, nor |
26 |
| shall the court be limited by
the standard set forth in |
27 |
| Section 701 of the Illinois Marriage and
Dissolution of |
28 |
| Marriage Act.
|
29 |
| (A) Right to occupancy. A party has a right to |
30 |
| occupancy of a
residence or household if it is
solely |
31 |
| or jointly owned or leased by that party, that party's |
32 |
| spouse, a
person with a legal duty to support that |
33 |
| party or a minor child in that
party's care, or by any |
34 |
| person or entity other than the opposing party that
|
35 |
| authorizes that party's occupancy (e.g., a domestic |
36 |
| violence shelter).
Standards set forth in subparagraph |
|
|
|
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LRB094 11316 DRJ 42141 b |
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|
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| (B) shall not preclude equitable relief.
|
2 |
| (B) Presumption of hardships. If petitioner and |
3 |
| respondent
each has the right to occupancy of a |
4 |
| residence or household, the court
shall balance (i) the |
5 |
| hardships to respondent and any minor child or
|
6 |
| dependent adult in respondent's care resulting from |
7 |
| entry of this remedy with (ii)
the hardships to |
8 |
| petitioner and any minor child or dependent adult in
|
9 |
| petitioner's care resulting from continued exposure to |
10 |
| the risk of abuse (should
petitioner remain at the |
11 |
| residence or household) or from loss of possession
of |
12 |
| the residence or household (should petitioner leave to |
13 |
| avoid the risk
of abuse). When determining the balance |
14 |
| of hardships, the court shall also
take into account |
15 |
| the accessibility of the residence or household.
|
16 |
| Hardships need not be balanced if respondent does not |
17 |
| have a right to occupancy.
|
18 |
| The balance of hardships is presumed to favor |
19 |
| possession by
petitioner unless the presumption is |
20 |
| rebutted by a preponderance of the
evidence, showing |
21 |
| that the hardships to respondent substantially |
22 |
| outweigh
the hardships to petitioner and any minor |
23 |
| child or dependent adult in petitioner's
care. The |
24 |
| court, on the request of petitioner or on its own |
25 |
| motion,
may order respondent to provide suitable, |
26 |
| accessible, alternate housing
for petitioner instead |
27 |
| of
excluding respondent from a mutual residence or |
28 |
| household.
|
29 |
| (3) Stay away order and additional prohibitions.
Order |
30 |
| respondent to stay away from petitioner or any other person
|
31 |
| protected by the order of protection, or prohibit |
32 |
| respondent from entering
or remaining present at |
33 |
| petitioner's school, place of employment, or other
|
34 |
| specified places at times when petitioner is present, or |
35 |
| both, if
reasonable, given
the balance of hardships. |
36 |
| Hardships need not be balanced for the court
to enter a |
|
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| stay away order or prohibit entry
if respondent has no |
2 |
| right to enter the premises.
|
3 |
| If an order of protection grants petitioner exclusive |
4 |
| possession
of the residence, or prohibits respondent from |
5 |
| entering the residence,
or orders respondent to stay away |
6 |
| from petitioner or other
protected persons, then the court |
7 |
| may allow respondent access to the
residence to remove |
8 |
| items of clothing and personal adornment
used exclusively |
9 |
| by respondent, medications, and other items as the court |
10 |
| directs.
The right to access shall be exercised on only one |
11 |
| occasion as the court directs
and in the presence of an |
12 |
| agreed-upon adult third party or law enforcement officer.
|
13 |
| (4) Counseling. Require or recommend the respondent to |
14 |
| undergo
counseling for a specified duration with a social |
15 |
| worker, psychologist,
clinical psychologist, psychiatrist, |
16 |
| family service agency, alcohol or
substance abuse program, |
17 |
| mental health center guidance counselor, agency
providing |
18 |
| services to elders, program designed for domestic violence
|
19 |
| abusers or any other guidance service the court deems |
20 |
| appropriate.
|
21 |
| (5) Physical care and possession of the minor child. In |
22 |
| order to protect
the minor child from abuse, neglect, or |
23 |
| unwarranted separation from the person
who has been the |
24 |
| minor child's primary caretaker, or to otherwise protect |
25 |
| the
well-being of the minor child, the court may do either |
26 |
| or both of the following:
(i) grant petitioner physical |
27 |
| care or possession of the minor child, or both, or
(ii) |
28 |
| order respondent to return a minor child to, or not remove |
29 |
| a minor child
from, the physical care of a parent or person |
30 |
| in loco parentis.
|
31 |
| If a court finds, after a hearing, that respondent has |
32 |
| committed abuse
(as defined in Section 112A-3) of a minor |
33 |
| child, there shall be a
rebuttable presumption that |
34 |
| awarding physical care to respondent would not
be in the |
35 |
| minor child's best interest.
|
36 |
| (6) Temporary legal custody.
Award temporary legal |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| custody to petitioner in accordance with this Section,
the |
2 |
| Illinois Marriage
and Dissolution of Marriage Act, the |
3 |
| Uniform Parentage Act (2000)
the Illinois Parentage Act of |
4 |
| 1984 ,
and this State's Uniform Child-Custody
Jurisdiction |
5 |
| 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
|
27 |
| specific parameters or conditions that are appropriate. No |
28 |
| order for
visitation shall refer merely to the term |
29 |
| "reasonable visitation".
|
30 |
| Petitioner may deny respondent access to the minor |
31 |
| child if, when
respondent arrives for visitation, |
32 |
| respondent is under the influence of drugs
or alcohol and |
33 |
| constitutes a threat to the safety and well-being of
|
34 |
| petitioner or petitioner's minor children or is behaving in |
35 |
| a violent or abusive manner.
|
36 |
| If necessary to protect any member of petitioner's |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| family or
household from future abuse, respondent shall be |
2 |
| prohibited from coming to
petitioner's residence to meet |
3 |
| the minor child for visitation, and the
parties shall |
4 |
| submit to the court their recommendations for reasonable
|
5 |
| alternative arrangements for visitation. A person may be |
6 |
| approved to
supervise visitation only after filing an |
7 |
| affidavit accepting
that responsibility and acknowledging |
8 |
| accountability to the court.
|
9 |
| (8) Removal or concealment of minor child.
Prohibit |
10 |
| respondent from
removing a minor child from the State or |
11 |
| concealing the child within the
State.
|
12 |
| (9) Order to appear. Order the respondent to
appear in |
13 |
| court, alone
or with a minor child, to prevent abuse, |
14 |
| neglect, removal or concealment of
the child, to return the |
15 |
| child to the custody or care of the petitioner or
to permit |
16 |
| any court-ordered interview or examination of the child or |
17 |
| the
respondent.
|
18 |
| (10) Possession of personal property. Grant petitioner |
19 |
| exclusive
possession of personal property and, if |
20 |
| respondent has possession or
control, direct respondent to |
21 |
| promptly make it available to petitioner, if:
|
22 |
| (i) petitioner, but not respondent, owns the |
23 |
| property; or
|
24 |
| (ii) the parties own the property jointly; sharing |
25 |
| it would risk
abuse of petitioner by respondent or is |
26 |
| impracticable; and the balance of
hardships favors |
27 |
| temporary possession by petitioner.
|
28 |
| If petitioner's sole claim to ownership of the property |
29 |
| is that it is
marital property, the court may award |
30 |
| petitioner temporary possession
thereof under the |
31 |
| standards of subparagraph (ii) of this paragraph only if
a |
32 |
| proper proceeding has been filed under the Illinois |
33 |
| Marriage and
Dissolution of Marriage Act, as now or |
34 |
| hereafter amended.
|
35 |
| No order under this provision shall affect title to |
36 |
| property.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| (11) Protection of property. Forbid the respondent |
2 |
| from taking,
transferring, encumbering, concealing, |
3 |
| damaging or otherwise disposing of
any real or personal |
4 |
| property, except as explicitly authorized by the
court, if:
|
5 |
| (i) petitioner, but not respondent, owns the |
6 |
| property; or
|
7 |
| (ii) the parties own the property jointly,
and the |
8 |
| balance of hardships favors granting this remedy.
|
9 |
| If petitioner's sole claim to ownership of the property |
10 |
| is that it is
marital property, the court may grant |
11 |
| petitioner relief under subparagraph
(ii) of this |
12 |
| paragraph only if a proper proceeding has been filed under |
13 |
| the
Illinois Marriage and Dissolution of Marriage Act, as |
14 |
| now or hereafter amended.
|
15 |
| The court may further prohibit respondent from |
16 |
| improperly using the
financial or other resources of an |
17 |
| aged member of the family or household
for the profit or |
18 |
| advantage of respondent or of any other person.
|
19 |
| (12) Order for payment of support. Order
respondent to |
20 |
| pay temporary
support for the petitioner or any child in |
21 |
| the petitioner's care or
custody, when the respondent has a |
22 |
| legal obligation to support that person,
in accordance with |
23 |
| the Illinois Marriage and Dissolution
of Marriage Act, |
24 |
| which shall govern, among other matters, the amount of
|
25 |
| support, payment through the clerk and withholding of |
26 |
| income to secure
payment. An order for child support may be |
27 |
| granted to a petitioner with
lawful physical care or |
28 |
| custody of a child, or an order or agreement for
physical |
29 |
| care or custody, prior to entry of an order for legal |
30 |
| custody.
Such a support order shall expire upon entry of a |
31 |
| valid order granting
legal custody to another, unless |
32 |
| otherwise provided in the custody order.
|
33 |
| (13) Order for payment of losses. Order
respondent to |
34 |
| pay petitioner
for losses suffered as a direct result of |
35 |
| the abuse. Such losses shall
include, but not be limited |
36 |
| to, medical expenses, lost earnings or other
support, |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| repair or replacement of property damaged or taken, |
2 |
| reasonable
attorney's fees, court costs and moving or other |
3 |
| travel expenses, including
additional reasonable expenses |
4 |
| for temporary shelter and 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. (a) When a |
27 |
| complaint is made
under a request for an order of |
28 |
| protection, that the respondent has threatened
or is likely |
29 |
| to use firearms illegally against the petitioner, and the
|
30 |
| respondent is present in court, or has failed to appear |
31 |
| after receiving actual
notice, the court shall examine on |
32 |
| oath the petitioner, and any witnesses who
may be produced. |
33 |
| If the court is satisfied that there is any danger of the
|
34 |
| illegal use of firearms, it shall include in the order of |
35 |
| protection the
requirement that any firearms in the
|
36 |
| possession of the respondent, except as provided in |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| subsection (b), be turned
over to the local law enforcement |
2 |
| agency
for safekeeping. If the respondent fails to appear, |
3 |
| or refuses or fails to
surrender his or her firearms, the |
4 |
| court shall
issue a warrant for seizure of any firearm in |
5 |
| the possession of the respondent.
The period of safekeeping |
6 |
| shall be for a stated period of time not to exceed 2
years. |
7 |
| The firearm or firearms shall be returned to the respondent |
8 |
| at the end
of the stated period or at expiration of the |
9 |
| order of protection, whichever is
sooner.
(b) If the |
10 |
| respondent is a peace officer as defined in Section 2-13 of |
11 |
| the
Criminal Code of 1961, the court shall order that any |
12 |
| firearms used by the
respondent in the performance of his |
13 |
| or her duties as a peace officer be
surrendered to the |
14 |
| chief law enforcement executive of the agency in which the
|
15 |
| respondent is employed, who shall retain the firearms for |
16 |
| safekeeping for the
stated period not to exceed 2 years as |
17 |
| set forth in the court order.
|
18 |
| (15) Prohibition of access to records. If an order of |
19 |
| protection
prohibits respondent from having contact with |
20 |
| the minor child,
or if petitioner's address is omitted |
21 |
| under subsection (b) of
Section 112A-5, or if necessary to |
22 |
| prevent abuse or wrongful removal or
concealment of a minor |
23 |
| child, the order shall deny respondent access to, and
|
24 |
| prohibit respondent from inspecting, obtaining, or |
25 |
| attempting to
inspect or obtain, school or any other |
26 |
| records of the minor child
who is in the care of |
27 |
| petitioner.
|
28 |
| (16) Order for payment of shelter services. Order |
29 |
| respondent to
reimburse a shelter providing temporary |
30 |
| housing and counseling services to
the petitioner for the |
31 |
| cost of the services, as certified by the shelter
and |
32 |
| deemed reasonable by the court.
|
33 |
| (17) Order for injunctive relief. Enter injunctive |
34 |
| relief necessary
or appropriate to prevent further abuse of |
35 |
| a family or household member or
to effectuate one of the |
36 |
| granted remedies, if supported by the balance of
hardships. |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| If the harm to be prevented by the injunction is abuse or |
2 |
| any
other harm that one of the remedies listed in |
3 |
| paragraphs (1) through (16)
of this subsection is designed |
4 |
| to prevent, no further evidence is necessary
to establish |
5 |
| that the harm is an irreparable injury.
|
6 |
| (c) Relevant factors; findings.
|
7 |
| (1) In determining whether to grant a
specific remedy, |
8 |
| other than payment of support, the
court shall consider |
9 |
| relevant factors, including but not limited to the
|
10 |
| following:
|
11 |
| (i) the nature, frequency, severity, pattern and |
12 |
| consequences of the
respondent's past abuse of the |
13 |
| petitioner or any family or household
member, |
14 |
| including the concealment of his or her location in |
15 |
| order to evade
service of process or notice, and the |
16 |
| likelihood of danger of future abuse to
petitioner or
|
17 |
| any member of petitioner's or respondent's family or |
18 |
| household; and
|
19 |
| (ii) the danger that any minor child will be abused |
20 |
| or neglected or
improperly removed from the |
21 |
| jurisdiction, improperly concealed within the
State or |
22 |
| improperly separated from the child's primary |
23 |
| caretaker.
|
24 |
| (2) In comparing relative hardships resulting to the |
25 |
| parties from loss
of possession of the family home, the |
26 |
| court shall consider relevant
factors, including but not |
27 |
| limited to the following:
|
28 |
| (i) availability, accessibility, cost, safety, |
29 |
| adequacy, location and other
characteristics of |
30 |
| alternate housing for each party and any minor child or
|
31 |
| dependent adult in the party's care;
|
32 |
| (ii) the effect on the party's employment; and
|
33 |
| (iii) the effect on the relationship of the party, |
34 |
| and any minor
child or dependent adult in the party's |
35 |
| care, to family, school, church
and community.
|
36 |
| (3) Subject to the exceptions set forth in paragraph |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (4) of this
subsection, the court shall make its findings |
2 |
| in an official record or in
writing, and shall at a minimum |
3 |
| set forth the following:
|
4 |
| (i) That the court has considered the applicable |
5 |
| relevant factors
described in paragraphs (1) and (2) of |
6 |
| this subsection.
|
7 |
| (ii) Whether the conduct or actions of respondent, |
8 |
| unless
prohibited, will likely cause irreparable harm |
9 |
| or continued abuse.
|
10 |
| (iii) Whether it is necessary to grant the |
11 |
| requested relief in order
to protect petitioner or |
12 |
| other alleged abused persons.
|
13 |
| (4) For purposes of issuing an ex parte emergency order |
14 |
| of protection,
the court, as an alternative to or as a |
15 |
| supplement to making the findings
described in paragraphs |
16 |
| (c)(3)(i) through (c)(3)(iii) of this subsection, may use
|
17 |
| the following procedure:
|
18 |
| When a verified petition for an emergency order of |
19 |
| protection in
accordance with the requirements of Sections |
20 |
| 112A-5 and 112A-17 is
presented to the court, the court |
21 |
| shall examine petitioner on oath or
affirmation. An |
22 |
| emergency order of protection shall be issued by the court
|
23 |
| if it appears from the contents of the petition and the |
24 |
| examination of
petitioner that the averments are |
25 |
| sufficient to indicate abuse by
respondent and to support |
26 |
| the granting of relief under the issuance of the
emergency |
27 |
| order of protection.
|
28 |
| (5) Never married parties. No rights or |
29 |
| responsibilities for a minor
child born outside of marriage |
30 |
| attach to a putative father until a father and
child |
31 |
| relationship has been established under the Illinois |
32 |
| Parentage Act of
1984 or under the Uniform Parentage Act |
33 |
| (2000) . Absent such an adjudication, no putative father |
34 |
| shall be granted
temporary custody of the minor child, |
35 |
| visitation with the minor child, or
physical care
and |
36 |
| possession of the minor child, nor shall
an order of |
|
|
|
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LRB094 11316 DRJ 42141 b |
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|
1 |
| payment for support of the minor child be entered.
|
2 |
| (d) Balance of hardships; findings. If the court finds that |
3 |
| the balance
of hardships does not support the granting of a |
4 |
| remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
5 |
| subsection (b) of this Section,
which may require such |
6 |
| balancing, the court's findings shall so
indicate and shall |
7 |
| include a finding as to whether granting the remedy will
result |
8 |
| in hardship to respondent that would substantially outweigh the |
9 |
| hardship
to petitioner
from denial of the remedy. The findings |
10 |
| shall be an official record or in
writing.
|
11 |
| (e) Denial of remedies. Denial of any remedy shall not be |
12 |
| based, 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;
|
27 |
| (7) Conduct by any family or household member excused |
28 |
| the abuse by
respondent, unless that same conduct would |
29 |
| have excused such abuse if the
parties had not been family |
30 |
| or household members.
|
31 |
| (Source: P.A. 93-108, eff. 1-1-04.)
|
32 |
| Section 905.14. The Unified Code of Corrections is amended |
33 |
| by changing Section 3-5-4 as follows:
|
34 |
| (730 ILCS 5/3-5-4)
|
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Sec. 3-5-4. Exchange of information for child support
|
2 |
| enforcement.
|
3 |
| (a) The Department shall exchange with the Illinois
|
4 |
| Department of Public Aid information that
may be necessary for |
5 |
| the enforcement of child support orders
entered pursuant to the |
6 |
| Illinois Public Aid Code, the Illinois
Marriage and Dissolution |
7 |
| of Marriage Act, the Non-Support of
Spouse and Children Act, |
8 |
| the Non-Support Punishment Act, the Revised
Uniform Reciprocal |
9 |
| Enforcement of Support
Act, the Uniform Interstate Family |
10 |
| Support
Act, or the Illinois Parentage Act of 1984 , or the |
11 |
| Uniform Parentage Act (2000) .
|
12 |
| (b) Notwithstanding any provisions in this Code to the
|
13 |
| contrary, the Department shall not be liable
to any person for |
14 |
| any disclosure of information to the
Illinois Department of |
15 |
| Public Aid under subsection (a)
or for any
other action taken |
16 |
| in good faith to comply with the requirements of
subsection |
17 |
| (a).
|
18 |
| (Source: P.A. 90-18, eff. 1-1-97; 91-613, eff. 10-1-99.)
|
19 |
| Section 905.15. The Code of Civil Procedure is amended by |
20 |
| changing Sections 2-209, 2-1401, and 12-112 as follows:
|
21 |
| (735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
|
22 |
| Sec. 2-209. Act submitting to jurisdiction - Process.
|
23 |
| (a) Any person,
whether or not a citizen or resident of |
24 |
| this State, who in person or
through an agent does any of the |
25 |
| acts hereinafter enumerated, thereby
submits such person, and, |
26 |
| if an individual, his or her personal
representative, to the |
27 |
| jurisdiction of the courts of this State as to any
cause of |
28 |
| action arising from the doing of any of such acts:
|
29 |
| (1) The transaction of any business within this State;
|
30 |
| (2) The commission of a tortious act within this State;
|
31 |
| (3) The ownership, use, or possession of any real |
32 |
| estate situated in
this State;
|
33 |
| (4) Contracting to insure any person, property or risk |
34 |
| located
within this State at the time of contracting;
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (5) With respect to actions of dissolution of marriage, |
2 |
| declaration
of invalidity of marriage and legal
|
3 |
| separation, the maintenance in this State of a matrimonial |
4 |
| domicile at the
time this cause of action arose or the |
5 |
| commission in this State of any act
giving rise to the |
6 |
| cause of action;
|
7 |
| (6) With respect to actions brought under the Illinois |
8 |
| Parentage Act
of 1984, as now or hereafter amended, or |
9 |
| under the Uniform Parentage Act (2000), the performance of |
10 |
| an act of sexual
intercourse within this State during the |
11 |
| possible period of conception;
|
12 |
| (7) The making or performance of any contract or |
13 |
| promise
substantially connected with this State;
|
14 |
| (8) The performance of sexual intercourse within this |
15 |
| State which is
claimed to have resulted in the conception |
16 |
| of a child who resides in this State;
|
17 |
| (9) The failure to support a child, spouse or former |
18 |
| spouse who has
continued to reside in this State since the |
19 |
| person either formerly resided
with them in this State or |
20 |
| directed them to reside in this State;
|
21 |
| (10) The acquisition of ownership, possession or |
22 |
| control of any asset
or thing of value present within this |
23 |
| State when ownership, possession or
control was acquired;
|
24 |
| (11) The breach of any fiduciary duty within this |
25 |
| State;
|
26 |
| (12) The performance of duties as a director or officer |
27 |
| of a
corporation organized under the laws of this State or |
28 |
| having its principal
place of business within this State;
|
29 |
| (13) The ownership of an interest in any trust |
30 |
| administered within this State; or
|
31 |
| (14) The exercise of powers granted under the authority |
32 |
| of this State as a fiduciary.
|
33 |
| (b) A court may exercise jurisdiction in any action arising |
34 |
| within or
without this State against any person who:
|
35 |
| (1) Is a natural person present within this State when |
36 |
| served;
|
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (2) Is a natural person domiciled or resident within |
2 |
| this State when
the cause of action arose, the action was |
3 |
| commenced, or process was served;
|
4 |
| (3) Is a corporation organized under the laws of this |
5 |
| State; or
|
6 |
| (4) Is a natural person or corporation doing business |
7 |
| within this State.
|
8 |
| (c) A court may also exercise jurisdiction on any other |
9 |
| basis now or
hereafter permitted by the Illinois Constitution |
10 |
| and the Constitution
of the United States.
|
11 |
| (d) Service of process upon any person who is subject to |
12 |
| the
jurisdiction of the courts of this State, as provided in |
13 |
| this Section,
may be made by personally serving the summons |
14 |
| upon the defendant outside
this State, as provided in this Act, |
15 |
| with the same force and effect as
though summons had been |
16 |
| personally served within this State.
|
17 |
| (e) Service of process upon any person who resides or whose |
18 |
| business
address is outside the United States and who is |
19 |
| subject to the jurisdiction
of the courts of this State, as |
20 |
| provided in this Section, in any action based
upon product |
21 |
| liability may be made by serving a copy of the summons with a |
22 |
| copy
of the complaint attached upon the Secretary of State. The |
23 |
| summons shall be
accompanied by a $5 fee payable to the |
24 |
| Secretary of State. The plaintiff
shall forthwith mail a copy |
25 |
| of the summons, upon which the date of service
upon the |
26 |
| Secretary is clearly shown, together with a copy of the |
27 |
| complaint
to the defendant at his or her last known place of |
28 |
| residence or business
address. Plaintiff shall file with the |
29 |
| circuit clerk an affidavit of the
plaintiff or his or her |
30 |
| attorney stating the last known place of residence
or the last |
31 |
| known business address of the defendant and a certificate of
|
32 |
| mailing a copy of the summons and complaint to the defendant at |
33 |
| such
address as required by this subsection (e). The |
34 |
| certificate of mailing
shall be prima facie evidence that the |
35 |
| plaintiff or his or her attorney
mailed a copy of the summons |
36 |
| and complaint to the defendant as required.
Service of the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| summons shall be deemed to have been made upon the defendant
on |
2 |
| the date it is served upon the Secretary and shall have the |
3 |
| same force
and effect as though summons had been personally |
4 |
| served upon the defendant
within this State.
|
5 |
| (f) Only causes of action arising from acts enumerated |
6 |
| herein may be
asserted against a defendant in an action in |
7 |
| which jurisdiction over him or
her is based upon subsection |
8 |
| (a).
|
9 |
| (g) Nothing herein contained limits or affects the right to
|
10 |
| serve any process in any other manner now or hereafter provided |
11 |
| by law.
|
12 |
| (Source: P.A. 86-840.)
|
13 |
| (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
|
14 |
| Sec. 2-1401. Relief from judgments.
|
15 |
| (a) Relief from final orders and judgments, after 30 days |
16 |
| from the
entry thereof, may be had upon petition as provided in |
17 |
| this Section.
Writs of error coram nobis and coram vobis, bills |
18 |
| of review and bills
in the nature of bills of review are |
19 |
| abolished. All relief heretofore
obtainable and the grounds for |
20 |
| such relief heretofore available,
whether by any of the |
21 |
| foregoing remedies or otherwise, shall be
available in every |
22 |
| case, by proceedings hereunder, regardless of the
nature of the |
23 |
| order or judgment from which relief is sought or of the
|
24 |
| proceedings in which it was entered. Except as provided in the |
25 |
| Uniform Parentage Act (2000)
Section 6
of the Illinois |
26 |
| Parentage Act of 1984 , there shall be no distinction
between |
27 |
| actions and other proceedings, statutory or otherwise, as to
|
28 |
| availability of relief, grounds for relief or the relief |
29 |
| obtainable.
|
30 |
| (b) The petition must be filed in the same proceeding in |
31 |
| which the
order or judgment was entered but is not a |
32 |
| continuation thereof. The
petition must be supported by |
33 |
| affidavit or other appropriate showing as
to matters not of |
34 |
| record. All parties to the petition shall be notified
as |
35 |
| provided by rule.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (c) Except as provided in Section 20b of the Adoption Act |
2 |
| and Section
2-32
3-32 of the Juvenile Court Act of 1987 or in a |
3 |
| petition based
upon Section 116-3 of the Code of Criminal |
4 |
| Procedure of 1963, the petition
must be filed not later than 2 |
5 |
| years after the entry of the order or judgment.
Time during |
6 |
| which the person seeking relief is under legal disability or
|
7 |
| duress or the ground for relief is fraudulently concealed shall |
8 |
| be excluded
in computing the period of 2 years.
|
9 |
| (d) The filing of a petition under this Section does not |
10 |
| affect the
order or judgment, or suspend its operation.
|
11 |
| (e) Unless lack of jurisdiction affirmatively appears from |
12 |
| the
record proper, the vacation or modification of an order or |
13 |
| judgment
pursuant to the provisions of this Section does not |
14 |
| affect the right,
title or interest in or to any real or |
15 |
| personal property of any person,
not a party to the original |
16 |
| action, acquired for value after the entry
of the order or |
17 |
| judgment but before the filing of the petition, nor
affect any |
18 |
| right of any person not a party to the original action under
|
19 |
| any certificate of sale issued before the filing of the |
20 |
| petition,
pursuant to a sale based on the order or judgment.
|
21 |
| (f) Nothing contained in this Section affects any existing |
22 |
| right to
relief from a void order or judgment, or to employ any |
23 |
| existing method
to procure that relief.
|
24 |
| (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141, |
25 |
| eff. 1-1-98;
90-655, eff. 7-30-98; revised 11-06-02.)
|
26 |
| (735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
|
27 |
| Sec. 12-112. What liable to enforcement. All the lands, |
28 |
| tenements, real
estate, goods and chattels (except such as is |
29 |
| by law declared to be exempt)
of every person against whom any |
30 |
| judgment has been or shall be hereafter
entered in any court, |
31 |
| for any debt, damages, costs, or other sum of money,
shall be |
32 |
| liable to be sold upon such judgment. Any real property, or any
|
33 |
| beneficial interest in a land trust, held in
tenancy by the |
34 |
| entirety shall not be liable to be sold upon judgment
entered |
35 |
| on or after October 1, 1990 against only one of the tenants, |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| except if
the property was transferred into tenancy by the |
2 |
| entirety with the sole intent
to avoid the payment of debts |
3 |
| existing at the time of the transfer beyond the
transferor's |
4 |
| ability to pay those debts as they become due.
However, any |
5 |
| income from such property shall be subject to garnishment as
|
6 |
| provided in Part 7 of this Article XII, whether judgment has |
7 |
| been entered
against one or both of the tenants.
|
8 |
| If the court authorizes the piercing of the ownership veil |
9 |
| pursuant to
Section 505 of the Illinois Marriage and |
10 |
| Dissolution of Marriage Act or Section
15 of the Illinois |
11 |
| Parentage Act of 1984 , any assets determined to be those of
the |
12 |
| non-custodial parent, although not held in name of the
|
13 |
| non-custodial parent, shall be subject to attachment or other |
14 |
| provisional
remedy in accordance with the procedure prescribed |
15 |
| by this Code. The court may
not authorize attachment of
|
16 |
| property or any other provisional remedy under this paragraph |
17 |
| unless it has
obtained jurisdiction over the entity holding |
18 |
| title to the property by proper
service on that entity. With |
19 |
| respect to assets which are real property, no
order entered as |
20 |
| described in this paragraph shall affect the rights of bona
|
21 |
| fide purchasers, mortgagees, judgment creditors, or other lien |
22 |
| holders who
acquire their interests in the property prior to |
23 |
| the time a notice of lis
pendens pursuant to this Code or a |
24 |
| copy of the order is placed of record in the
office of the |
25 |
| recorder of deeds for the county in which the real property is
|
26 |
| located.
|
27 |
| This amendatory Act of 1995 (P.A. 89-438) is declarative of |
28 |
| existing law.
|
29 |
| This amendatory Act of 1997 (P.A. 90-514) is intended as a |
30 |
| clarification
of existing law
and not as a new enactment.
|
31 |
| (Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95; |
32 |
| 90-476, eff.
1-1-98; 90-514, eff. 8-22-97; 90-655, eff. |
33 |
| 7-30-98.)
|
34 |
| Section 905.16. The Illinois Marriage and Dissolution of |
35 |
| Marriage Act is amended by changing Section 713 as follows:
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (750 ILCS 5/713) (from Ch. 40, par. 713)
|
2 |
| Sec. 713. Attachment of the Body. As used in this Section,
|
3 |
| "obligor" has the same meaning ascribed to such term in the |
4 |
| Income
Withholding for Support Act.
|
5 |
| (a) In any proceeding to enforce an order for support, |
6 |
| where the
obligor has failed to appear in court pursuant to |
7 |
| order of court and after
due notice thereof, the court may |
8 |
| enter an order for the attachment of the
body of the obligor. |
9 |
| Notices under this Section shall be served upon the
obligor
by |
10 |
| any means authorized under subsection (a-5) of Section 505. The |
11 |
| attachment
order shall fix an amount of escrow which is equal |
12 |
| to a minimum of 20% of
the total child support arrearage |
13 |
| alleged by the obligee in sworn testimony
to be due and owing. |
14 |
| The attachment order shall direct the Sheriff of any
county in |
15 |
| Illinois to take the obligor into custody and shall set the
|
16 |
| number of days following release from custody for a hearing to |
17 |
| be held at
which the obligor must appear, if he is released |
18 |
| under subsection (b) of this
Section.
|
19 |
| (b) If the obligor is taken into custody, the Sheriff shall |
20 |
| take the obligor
before the court which entered the attachment |
21 |
| order. However, the Sheriff may
release the person after he or |
22 |
| she has deposited the amount of escrow ordered
by the court |
23 |
| pursuant to local procedures for the posting of bond. The
|
24 |
| Sheriff shall advise the obligor of the hearing date at which |
25 |
| the obligor
is required to appear.
|
26 |
| (c) Any escrow deposited pursuant to this Section shall be |
27 |
| transmitted
to the Clerk of the Circuit Court for the county in |
28 |
| which the order for
attachment of the body of the obligor was |
29 |
| entered. Any Clerk who receives
money deposited into escrow |
30 |
| pursuant to this Section shall notify the
obligee, public |
31 |
| office or legal counsel whose name appears on the
attachment |
32 |
| order of the court date at which the obligor is required to
|
33 |
| appear and the amount deposited into escrow.
The Clerk shall |
34 |
| disburse
such money to the obligee only under an order from the |
35 |
| court that entered
the attachment order pursuant to this |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Section.
|
2 |
| (d) Whenever an obligor is taken before the court by the |
3 |
| Sheriff, or appears
in court after the court has ordered the |
4 |
| attachment of his body, the court
shall:
|
5 |
| (1) hold a hearing on the complaint or petition that |
6 |
| gave rise to the
attachment order. For purposes of |
7 |
| determining arrearages that are due and
owing by the |
8 |
| obligor, the court shall accept the previous sworn |
9 |
| testimony
of the obligee as true and the appearance of the |
10 |
| obligee shall not be required.
The court shall require |
11 |
| sworn testimony of the obligor as to his or her
Social |
12 |
| Security number, income, employment, bank accounts, |
13 |
| property and
any other assets. If there is a dispute as to |
14 |
| the total amount of arrearages,
the court shall proceed as |
15 |
| in any other case as to the undisputed amounts; and
|
16 |
| (2) order the Clerk of the Circuit Court to disburse to |
17 |
| the obligee or
public office money held in escrow pursuant |
18 |
| to this Section if the court
finds that the amount of |
19 |
| arrearages exceeds the amount of the escrow. Amounts
|
20 |
| received by the obligee or public office shall be deducted |
21 |
| from the amount
of the arrearages.
|
22 |
| (e) If the obligor fails to appear in court after being |
23 |
| notified of the
court date by the Sheriff upon release from |
24 |
| custody, the court shall order
any monies deposited into escrow |
25 |
| to be immediately released to the obligee
or public office and |
26 |
| shall proceed under subsection (a) of this Section
by entering |
27 |
| another order for the attachment of the body of the obligor.
|
28 |
| (f) This Section shall apply to any order for support |
29 |
| issued under the
"Illinois Marriage and Dissolution of Marriage |
30 |
| Act", approved September
22, 1977, as amended; the Uniform |
31 |
| Parentage Act (2000); the "Illinois Parentage Act of 1984", |
32 |
| effective July
1, 1985, as amended; the "Revised Uniform |
33 |
| Reciprocal Enforcement of Support
Act", approved August 28, |
34 |
| 1969, as amended; "The Illinois Public Aid Code",
approved |
35 |
| April 11, 1967, as amended; the Non-Support Punishment Act; and |
36 |
| the
"Non-support of Spouse and
Children Act", approved June 8, |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| 1953, as amended.
|
2 |
| (g) Any escrow established pursuant to this Section for the |
3 |
| purpose of
providing support shall not be subject to fees |
4 |
| collected by the Clerk of
the Circuit Court for any other |
5 |
| escrow.
|
6 |
| (Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99; |
7 |
| 92-16, eff.
6-28-01.)
|
8 |
| Section 905.17. The Expedited Child Support Act of 1990 is |
9 |
| amended by changing Section 6 as follows:
|
10 |
| (750 ILCS 25/6) (from Ch. 40, par. 2706)
|
11 |
| Sec. 6. Authority of hearing officers.
|
12 |
| (a) With the exception of
judicial functions exclusively |
13 |
| retained by the court in Section 8 of this
Act and in |
14 |
| accordance with Supreme Court rules promulgated pursuant to |
15 |
| this
Act, Administrative Hearing Officers shall be authorized |
16 |
| to:
|
17 |
| (1) Accept voluntary agreements reached by the parties |
18 |
| setting the amount
of child support to be paid and medical |
19 |
| support liability and recommend the
entry of orders |
20 |
| incorporating such agreements.
|
21 |
| (2) Accept voluntary acknowledgments of parentage and |
22 |
| recommend entry
of an order establishing parentage based on |
23 |
| such acknowledgement. Prior to
accepting such |
24 |
| acknowledgment, the Administrative Hearing Officer shall
|
25 |
| advise the putative father of his rights and obligations in |
26 |
| accordance with
Supreme Court rules promulgated pursuant |
27 |
| to this Act.
|
28 |
| (3) Manage all stages of discovery, including
setting |
29 |
| deadlines by which discovery must be completed; and |
30 |
| directing
the parties to submit to appropriate tests |
31 |
| pursuant to the Uniform Parentage Act (2000)
Section 11 of |
32 |
| the
Illinois Parentage Act of 1984 .
|
33 |
| (4) Cause notices to be issued requiring the Obligor to |
34 |
| appear either
before the Administrative Hearing Officer or |
|
|
|
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|
1 |
| in court.
|
2 |
| (5) Administer the oath or affirmation and take |
3 |
| testimony under oath
or affirmation.
|
4 |
| (6) Analyze the evidence and prepare written |
5 |
| recommendations based on
such evidence, including but not |
6 |
| limited to: (i) proposed findings as to
the amount of the |
7 |
| Obligor's income; (ii) proposed findings as to the amount
|
8 |
| and nature of appropriate deductions from the Obligor's |
9 |
| income to determine
the Obligor's net income; (iii) |
10 |
| proposed findings as to the existence of
relevant factors |
11 |
| as set forth in subsection (a)(2) of Section 505 of the
|
12 |
| Illinois Marriage and Dissolution of Marriage Act, which |
13 |
| justify setting
child support payment levels above or below |
14 |
| the guidelines; (iv)
recommended orders for temporary |
15 |
| child support; (v) recommended orders
setting the amount of |
16 |
| current child support to be paid; (vi) proposed
findings as |
17 |
| to the existence and amount of any arrearages; (vii)
|
18 |
| recommended orders reducing any arrearages to judgement |
19 |
| and for the payment
of amounts towards such arrearages; |
20 |
| (viii) proposed findings as to whether
there has been a |
21 |
| substantial change of circumstances since the entry of the
|
22 |
| last child support order, or other circumstances |
23 |
| justifying a modification
of the child support order; and |
24 |
| (ix) proposed findings as to whether the
Obligor is |
25 |
| employed.
|
26 |
| (7) With respect to any unemployed Obligor who is not |
27 |
| making child
support payments or is otherwise unable to |
28 |
| provide support, recommend that
the Obligor be ordered to |
29 |
| seek employment and report periodically of
his or her |
30 |
| efforts in accordance with such order. Additionally, the
|
31 |
| Administrative Hearing Officer may recommend that the |
32 |
| Obligor be ordered to
report to the Department of |
33 |
| Employment Security for job search services or
to make |
34 |
| application with the local Job Training Partnership Act
|
35 |
| provider for participation in job search, training or work |
36 |
| programs and, where
the duty of support is owed to a child |
|
|
|
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|
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| receiving child support
enforcement services under
Article |
2 |
| X of the Illinois Public Aid Code, the Administrative |
3 |
| Hearing
Officer may recommend that the Obligor be ordered |
4 |
| to report to the Illinois
Department of Public Aid for |
5 |
| participation in the job search, training or
work programs |
6 |
| established under Section 9-6 of the Public Aid Code.
|
7 |
| (8) Recommend the registration of any foreign support |
8 |
| judgments or orders
as the judgments or orders of Illinois.
|
9 |
| (b) In any case in which the Obligee is not participating |
10 |
| in the IV-D
program or has not applied to participate in the |
11 |
| IV-D program, the
Administrative Hearing Officer shall:
|
12 |
| (1) inform the Obligee of the existence of the IV-D |
13 |
| program and provide
applications on request; and
|
14 |
| (2) inform the Obligee and the Obligor of the option of |
15 |
| requesting
payment to be made through the Clerk of the |
16 |
| Circuit Court.
|
17 |
| If a request for payment through the Clerk is made, the |
18 |
| Administrative
Hearing Officer shall note this fact in the |
19 |
| recommendations to the court.
|
20 |
| (c) The Administrative Hearing Officer may make |
21 |
| recommendations in
addition to the proposed findings of fact |
22 |
| and recommended order to which
the parties have agreed.
|
23 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02.)
|
24 |
| Section 905.18. The Adoption Act is amended by changing |
25 |
| Sections 1, 7, 8, 12.1, and 18.06 as follows:
|
26 |
| (750 ILCS 50/1) (from Ch. 40, par. 1501)
|
27 |
| Sec. 1. Definitions. When used in this Act, unless the |
28 |
| context
otherwise requires:
|
29 |
| A. "Child" means a person under legal age subject to |
30 |
| adoption under
this Act.
|
31 |
| B. "Related child" means a child subject to adoption where |
32 |
| either or both of
the adopting parents stands in any of the |
33 |
| following relationships to the child
by blood or marriage: |
34 |
| parent, grand-parent, brother, sister, step-parent,
|
|
|
|
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|
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| step-grandparent, step-brother, step-sister, uncle, aunt, |
2 |
| great-uncle,
great-aunt, or cousin of first degree. A child |
3 |
| whose parent has executed
a final irrevocable consent to |
4 |
| adoption or a final irrevocable surrender
for purposes of |
5 |
| adoption, or whose parent has had his or her parental rights
|
6 |
| terminated, is not a related child to that person, unless the |
7 |
| consent is
determined to be void or is void pursuant to |
8 |
| subsection O of Section 10.
|
9 |
| C. "Agency" for the purpose of this Act means a public |
10 |
| child welfare agency
or a licensed child welfare agency.
|
11 |
| D. "Unfit person" means any person whom the court shall |
12 |
| find to be unfit
to have a child, without regard to the |
13 |
| likelihood that the child will be
placed for adoption. The |
14 |
| grounds of unfitness are any one or more
of the following, |
15 |
| except that a person shall not be considered an unfit
person |
16 |
| for the sole reason that the person has relinquished a child in
|
17 |
| accordance with the Abandoned Newborn Infant Protection Act:
|
18 |
| (a) Abandonment of the child.
|
19 |
| (a-1) Abandonment of a newborn infant in a hospital.
|
20 |
| (a-2) Abandonment of a newborn infant in any setting |
21 |
| where the evidence
suggests that the parent intended to |
22 |
| relinquish his or her parental rights.
|
23 |
| (b) Failure to maintain a reasonable degree of |
24 |
| interest, concern or
responsibility as to the child's |
25 |
| welfare.
|
26 |
| (c) Desertion of the child for more than 3 months next |
27 |
| preceding the
commencement of the Adoption proceeding.
|
28 |
| (d) Substantial neglect
of the
child if continuous or |
29 |
| repeated.
|
30 |
| (d-1) Substantial neglect, if continuous or repeated, |
31 |
| of any child
residing in the household which resulted in |
32 |
| the death of that child.
|
33 |
| (e) Extreme or repeated cruelty to the child.
|
34 |
| (f) Two or more findings of physical abuse to any |
35 |
| children under Section
4-8 of the Juvenile Court Act or |
36 |
| Section 2-21 of the Juvenile Court Act
of 1987, the most |
|
|
|
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|
|
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| recent of which was determined by the juvenile court
|
2 |
| hearing the matter to be supported by clear and convincing |
3 |
| evidence; a
criminal conviction or a finding of not guilty |
4 |
| by reason of insanity
resulting from the death of any child |
5 |
| by physical child
abuse; or a finding of physical child |
6 |
| abuse resulting from the death of any
child under Section |
7 |
| 4-8 of the Juvenile Court Act or Section 2-21 of the
|
8 |
| Juvenile Court Act of 1987.
|
9 |
| (g) Failure to protect the child from conditions within |
10 |
| his environment
injurious to the child's welfare.
|
11 |
| (h) Other neglect of, or misconduct toward the child; |
12 |
| provided that in
making a finding of unfitness the court |
13 |
| hearing the adoption proceeding
shall not be bound by any |
14 |
| previous finding, order or judgment affecting
or |
15 |
| determining the rights of the parents toward the child |
16 |
| sought to be adopted
in any other proceeding except such |
17 |
| proceedings terminating parental rights
as shall be had |
18 |
| under either this Act, the Juvenile Court Act or
the |
19 |
| Juvenile Court Act of 1987.
|
20 |
| (i) Depravity. Conviction of any one of the following
|
21 |
| crimes shall create a presumption that a parent is depraved |
22 |
| which can be
overcome only by clear and convincing |
23 |
| evidence:
(1) first degree murder in violation of paragraph |
24 |
| 1 or
2 of subsection (a) of Section 9-1 of the Criminal |
25 |
| Code of 1961 or conviction
of second degree murder in |
26 |
| violation of subsection (a) of Section 9-2 of the
Criminal |
27 |
| Code of 1961 of a parent of the child to be adopted; (2)
|
28 |
| first degree murder or second degree murder of any child in
|
29 |
| violation of the Criminal Code of 1961; (3)
attempt or |
30 |
| conspiracy to commit first degree murder or second degree |
31 |
| murder
of any child in violation of the Criminal Code of |
32 |
| 1961; (4)
solicitation to commit murder of any child, |
33 |
| solicitation to
commit murder of any child for hire, or |
34 |
| solicitation to commit second
degree murder of any child in |
35 |
| violation of the Criminal Code of 1961; or (5)
aggravated |
36 |
| criminal sexual assault in violation of
Section |
|
|
|
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|
1 |
| 12-14(b)(1) of the Criminal Code of 1961.
|
2 |
| There is a rebuttable presumption that a parent is |
3 |
| depraved if the parent
has been criminally convicted of at |
4 |
| least 3 felonies under the laws of this
State or any other |
5 |
| state, or under federal law, or the criminal laws of any
|
6 |
| United States territory; and at least one of these
|
7 |
| convictions took place within 5 years of the filing of the |
8 |
| petition or motion
seeking termination of parental rights.
|
9 |
| There is a rebuttable presumption that a parent is |
10 |
| depraved if that
parent
has
been criminally convicted of |
11 |
| either first or second degree murder of any person
as |
12 |
| defined in the Criminal Code of 1961 within 10 years of the |
13 |
| filing date of
the petition or motion to terminate parental |
14 |
| rights.
|
15 |
| (j) Open and notorious adultery or fornication.
|
16 |
| (j-1) (Blank).
|
17 |
| (k) Habitual drunkenness or addiction to drugs, other |
18 |
| than those
prescribed by a physician, for at least one year |
19 |
| immediately
prior to the commencement of the unfitness |
20 |
| proceeding.
|
21 |
| There is a rebuttable presumption that a parent is |
22 |
| unfit under this
subsection
with respect to any child to |
23 |
| which that parent gives birth where there is a
confirmed
|
24 |
| test result that at birth the child's blood, urine, or |
25 |
| meconium contained any
amount of a controlled substance as |
26 |
| defined in subsection (f) of Section 102 of
the Illinois |
27 |
| Controlled Substances Act or metabolites of such |
28 |
| substances, the
presence of which in the newborn infant was |
29 |
| not the result of medical treatment
administered to the |
30 |
| mother or the newborn infant; and the biological mother of
|
31 |
| this child is the biological mother of at least one other |
32 |
| child who was
adjudicated a neglected minor under |
33 |
| subsection (c) of Section 2-3 of the
Juvenile Court Act of |
34 |
| 1987.
|
35 |
| (l) Failure to demonstrate a reasonable degree of |
36 |
| interest, concern or
responsibility as to the welfare of a |
|
|
|
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LRB094 11316 DRJ 42141 b |
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|
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| new born child during the first 30
days after its birth.
|
2 |
| (m) Failure by a parent (i) to make reasonable efforts |
3 |
| to correct the
conditions that were the basis for the |
4 |
| removal of the child from the
parent, or (ii) to make |
5 |
| reasonable progress toward the return of the child
to
the |
6 |
| parent within 9 months after an adjudication of neglected |
7 |
| or abused
minor under Section 2-3 of the Juvenile Court Act |
8 |
| of 1987 or dependent
minor under Section 2-4 of that Act, |
9 |
| or (iii) to make reasonable progress
toward the return of |
10 |
| the
child to the parent during any 9-month period after the |
11 |
| end of the initial
9-month period following the |
12 |
| adjudication of
neglected or abused minor under Section 2-3 |
13 |
| of the Juvenile Court
Act of 1987 or dependent minor under |
14 |
| Section 2-4 of that Act.
If a service plan has been |
15 |
| established as
required under
Section 8.2 of the Abused and |
16 |
| Neglected Child Reporting Act to correct the
conditions |
17 |
| that were the basis for the removal of the child from the |
18 |
| parent
and if those services were available,
then, for |
19 |
| purposes of this Act, "failure to make reasonable progress |
20 |
| toward the
return of the child to the parent" includes (I) |
21 |
| the parent's failure to
substantially fulfill his or her |
22 |
| obligations under the
service plan and correct the |
23 |
| conditions that brought the child into care
within 9 months |
24 |
| after the adjudication under Section 2-3 or 2-4
of the |
25 |
| Juvenile Court Act of 1987
and (II) the parent's failure to |
26 |
| substantially fulfill his or her obligations
under
the |
27 |
| service plan and correct the conditions that brought the |
28 |
| child into care
during any 9-month period after the end of |
29 |
| the initial 9-month period
following the adjudication |
30 |
| under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
|
31 |
| (m-1) Pursuant to the Juvenile Court Act of 1987, a |
32 |
| child
has been in foster care for 15 months out of any 22 |
33 |
| month period which begins
on or after the effective date of |
34 |
| this amendatory Act of 1998 unless the
child's parent can |
35 |
| prove
by a preponderance of the evidence that it is more |
36 |
| likely than not that it will
be in the best interests of |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
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 |
27 |
| manifested by the father's failure, where he
and the mother |
28 |
| of the child were unmarried to each other at the time of |
29 |
| the
child's birth, (i) to commence legal proceedings to |
30 |
| establish his paternity
under the Illinois Parentage Act of |
31 |
| 1984 , the Uniform Parentage Act (2000), or the law of the |
32 |
| jurisdiction of
the child's birth within 30 days of being |
33 |
| informed , pursuant to Section 12a
of this Act, that he is |
34 |
| the father or the likely father of the child or,
after |
35 |
| being so informed where the child is not yet born, within |
36 |
| 30 days of
the child's birth, or (ii) to make a good faith |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| effort to pay a reasonable
amount of the expenses related |
2 |
| to the birth of the child and to provide a
reasonable |
3 |
| amount for the financial support of the child, the court to
|
4 |
| consider in its determination all relevant circumstances, |
5 |
| including the
financial condition of both parents; |
6 |
| provided that the ground for
termination provided in this |
7 |
| subparagraph (n)(2)(ii) shall only be
available where the |
8 |
| petition is brought by the mother or the husband of
the |
9 |
| mother.
|
10 |
| Contact or communication by a parent with his or her |
11 |
| child that does not
demonstrate affection and concern does |
12 |
| not constitute reasonable contact
and planning under |
13 |
| subdivision (n). In the absence of evidence to the
|
14 |
| contrary, the ability to visit, communicate, maintain |
15 |
| contact, pay
expenses and plan for the future shall be |
16 |
| presumed. The subjective intent
of the parent, whether |
17 |
| expressed or otherwise, unsupported by evidence of
the |
18 |
| foregoing parental acts manifesting that intent, shall not |
19 |
| preclude a
determination that the parent has intended to |
20 |
| forgo his or her
parental
rights. In making this |
21 |
| determination, the court may consider but shall not
require |
22 |
| a showing of diligent efforts by an authorized agency to |
23 |
| encourage
the parent to perform the acts specified in |
24 |
| subdivision (n).
|
25 |
| It shall be an affirmative defense to any allegation |
26 |
| under paragraph
(2) of this subsection that the father's |
27 |
| failure was due to circumstances
beyond his control or to |
28 |
| impediments created by the mother or any other
person |
29 |
| having legal custody. Proof of that fact need only be by a
|
30 |
| preponderance of the evidence.
|
31 |
| (o) Repeated or continuous failure by the parents, |
32 |
| although physically
and financially able, to provide the |
33 |
| child with adequate food, clothing,
or shelter.
|
34 |
| (p) Inability to discharge parental responsibilities |
35 |
| supported by
competent evidence from a psychiatrist, |
36 |
| licensed clinical social
worker, or clinical psychologist |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| of mental
impairment, mental illness or mental retardation |
2 |
| as defined in Section
1-116 of the Mental Health and |
3 |
| Developmental Disabilities Code, or
developmental |
4 |
| disability as defined in Section 1-106 of that Code, and
|
5 |
| there is sufficient justification to believe that the |
6 |
| inability to
discharge parental responsibilities shall |
7 |
| extend beyond a reasonable
time period. However, this |
8 |
| subdivision (p) shall not be construed so as to
permit a |
9 |
| licensed clinical social worker to conduct any medical |
10 |
| diagnosis to
determine mental illness or mental |
11 |
| impairment.
|
12 |
| (q) The parent has been criminally convicted of |
13 |
| aggravated battery,
heinous battery, or attempted murder |
14 |
| of any child.
|
15 |
| (r) The child is in the temporary custody or |
16 |
| guardianship of the
Department of Children and Family |
17 |
| Services, the parent is incarcerated as a
result of |
18 |
| criminal conviction at the time the petition or motion for
|
19 |
| termination of parental rights is filed, prior to |
20 |
| incarceration the parent had
little or no contact with the |
21 |
| child or provided little or no support for the
child, and |
22 |
| the parent's incarceration will prevent the parent from |
23 |
| discharging
his or her parental responsibilities for the |
24 |
| child for a period in excess of 2
years after the filing of |
25 |
| the petition or motion for termination of parental
rights.
|
26 |
| (s) The child is in the temporary custody or |
27 |
| guardianship of the
Department of Children and Family |
28 |
| Services, the parent is incarcerated at the
time the |
29 |
| petition or motion for termination of parental rights is |
30 |
| filed, the
parent has been repeatedly incarcerated as a |
31 |
| result of criminal convictions,
and the parent's repeated |
32 |
| incarceration has prevented the parent from
discharging |
33 |
| his or her parental responsibilities for the child.
|
34 |
| (t) A finding that at birth the child's blood,
urine, |
35 |
| or meconium contained any amount of a controlled substance |
36 |
| as
defined in subsection (f) of Section 102 of the Illinois |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Controlled Substances
Act, or a metabolite of a controlled |
2 |
| substance, with the exception of
controlled substances or |
3 |
| metabolites of such substances, the presence of which
in |
4 |
| the newborn infant was the result of medical treatment |
5 |
| administered to the
mother or the newborn infant, and that |
6 |
| the biological mother of this child is
the biological |
7 |
| mother of at least one other child who was adjudicated a
|
8 |
| neglected minor under subsection (c) of Section 2-3 of the |
9 |
| Juvenile Court Act
of 1987, after which the biological |
10 |
| mother had the opportunity to enroll in
and participate in |
11 |
| a clinically appropriate substance abuse
counseling, |
12 |
| treatment, and rehabilitation program.
|
13 |
| E. "Parent" means the father or mother of a legitimate or |
14 |
| illegitimate
child. For the purpose of this Act, a person who |
15 |
| has executed a final and
irrevocable consent to adoption or a |
16 |
| final and irrevocable surrender for
purposes of adoption, or |
17 |
| whose parental rights have been terminated by a
court, is not a |
18 |
| parent of the child who was the subject of the consent or
|
19 |
| surrender, unless the consent is void pursuant to subsection O |
20 |
| of Section 10.
|
21 |
| F. A person is available for adoption when the person is:
|
22 |
| (a) a child who has been surrendered for adoption to an |
23 |
| agency and to
whose adoption the agency has thereafter |
24 |
| consented;
|
25 |
| (b) a child to whose adoption a person authorized by |
26 |
| law, other than his
parents, has consented, or to whose |
27 |
| adoption no consent is required pursuant
to Section 8 of |
28 |
| this Act;
|
29 |
| (c) a child who is in the custody of persons who intend |
30 |
| to adopt him
through placement made by his parents;
|
31 |
| (c-1) a child for whom a parent has signed a specific |
32 |
| consent pursuant
to subsection O of Section 10;
|
33 |
| (d) an adult who meets the conditions set forth in |
34 |
| Section 3 of this
Act; or
|
35 |
| (e) a child who has been relinquished as defined in |
36 |
| Section 10 of the
Abandoned Newborn Infant Protection Act.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| A person who would otherwise be available for adoption |
2 |
| shall not be
deemed unavailable for adoption solely by reason |
3 |
| of his or her death.
|
4 |
| G. The singular includes the plural and the plural includes
|
5 |
| the singular and the "male" includes the "female", as the |
6 |
| context of this
Act may require.
|
7 |
| H. "Adoption disruption" occurs when an adoptive placement |
8 |
| does not
prove successful and it becomes necessary for the |
9 |
| child to be removed from
placement before the adoption is |
10 |
| finalized.
|
11 |
| I. "Foreign placing agency" is an agency or individual |
12 |
| operating in a
country or territory outside the United States |
13 |
| that is authorized by its
country to place children for |
14 |
| adoption either directly with families in the
United States or |
15 |
| through United States based international agencies.
|
16 |
| J. "Immediate relatives" means the biological parents, the |
17 |
| parents of
the biological parents and siblings of the |
18 |
| biological parents.
|
19 |
| K. "Intercountry adoption" is a process by which a child |
20 |
| from a country
other than the United States is adopted.
|
21 |
| L. "Intercountry Adoption Coordinator" is a staff person of |
22 |
| the
Department of Children and Family Services appointed by the |
23 |
| Director to
coordinate the provision of services by the public |
24 |
| and private sector to
prospective parents of foreign-born |
25 |
| children.
|
26 |
| M. "Interstate Compact on the Placement of Children" is a |
27 |
| law enacted by
most states for the purpose of establishing |
28 |
| uniform procedures for handling
the interstate placement of |
29 |
| children in foster homes, adoptive homes, or
other child care |
30 |
| facilities.
|
31 |
| N. "Non-Compact state" means a state that has not enacted |
32 |
| the
Interstate Compact on the Placement of Children.
|
33 |
| O. "Preadoption requirements" are any conditions |
34 |
| established by the laws
or regulations of the Federal |
35 |
| Government or of each state that must be met
prior to the |
36 |
| placement of a child in an adoptive home.
|
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| P. "Abused child" means a child whose parent or immediate |
2 |
| family member,
or any person responsible for the child's |
3 |
| welfare, or any individual
residing in the same home as the |
4 |
| child, or a paramour of the child's parent:
|
5 |
| (a) inflicts, causes to be inflicted, or allows to be |
6 |
| inflicted upon
the child physical injury, by other than |
7 |
| accidental means, that causes
death, disfigurement, |
8 |
| impairment of physical or emotional health, or loss
or |
9 |
| impairment of any bodily function;
|
10 |
| (b) creates a substantial risk of physical injury to |
11 |
| the child by
other than accidental means which would be |
12 |
| likely to cause death,
disfigurement, impairment of |
13 |
| physical or emotional health, or loss or
impairment of any |
14 |
| bodily function;
|
15 |
| (c) commits or allows to be committed any sex offense |
16 |
| against the child,
as sex offenses are defined in the |
17 |
| Criminal Code of 1961
and extending those definitions of |
18 |
| sex offenses to include children under
18 years of age;
|
19 |
| (d) commits or allows to be committed an act or acts of |
20 |
| torture upon
the child; or
|
21 |
| (e) inflicts excessive corporal punishment.
|
22 |
| Q. "Neglected child" means any child whose parent or other |
23 |
| person
responsible for the child's welfare withholds or denies |
24 |
| nourishment or
medically indicated treatment including food or |
25 |
| care denied solely on the
basis of the present or anticipated |
26 |
| mental or physical impairment as determined
by a physician |
27 |
| acting alone or in consultation with other physicians or
|
28 |
| otherwise does not provide the proper or necessary support, |
29 |
| education
as required by law, or medical or other remedial care |
30 |
| recognized under State
law as necessary for a child's |
31 |
| well-being, or other care necessary for his
or her well-being, |
32 |
| including adequate food, clothing and shelter; or who
is |
33 |
| abandoned by his or her parents or other person responsible for |
34 |
| the child's
welfare.
|
35 |
| A child shall not be considered neglected or abused for the
|
36 |
| sole reason that the child's parent or other person responsible |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| for his
or her welfare depends upon spiritual means through |
2 |
| prayer alone for the
treatment or cure of disease or remedial |
3 |
| care as provided under Section 4
of the Abused and Neglected |
4 |
| Child Reporting Act.
A child shall not be considered neglected |
5 |
| or abused for the sole reason that
the child's parent or other |
6 |
| person responsible for the child's welfare failed
to vaccinate, |
7 |
| delayed vaccination, or refused vaccination for the child
due |
8 |
| to a waiver on religious or medical grounds as permitted by |
9 |
| law.
|
10 |
| R. "Putative father" means a man who may be a child's |
11 |
| father, but who (1) is
not married to the child's mother on or |
12 |
| before the date that the child was or
is to be born and (2) has |
13 |
| not established paternity of the child in a court
proceeding |
14 |
| before the filing of a petition for the adoption of the child. |
15 |
| The
term includes a male who is less than 18 years of age. |
16 |
| "Putative father" does
not mean a man who is the child's father |
17 |
| as a result of criminal sexual abuse
or assault as defined |
18 |
| under Article 12 of the Criminal Code of 1961.
|
19 |
| S. "Standby adoption" means an adoption in which a parent
|
20 |
| consents to custody and termination of parental rights to |
21 |
| become
effective upon the occurrence of a future event, which |
22 |
| is either the death of
the
parent or the request of the parent
|
23 |
| for the entry of a final judgment of adoption.
|
24 |
| T. (Blank).
|
25 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; 92-408, |
26 |
| eff. 8-17-01; 92-432, eff. 8-17-01 ; 92-651, eff. 7-11-02; |
27 |
| 93-732, eff. 1-1-05.)
|
28 |
| (750 ILCS 50/7) (from Ch. 40, par. 1509)
|
29 |
| Sec. 7. Process.
|
30 |
| A. All persons named in the petition for adoption or |
31 |
| standby adoption,
other
than the
petitioners and any party who |
32 |
| has previously either denied being a parent
pursuant to Section |
33 |
| 12a of this Act or pursuant to the Uniform Parentage Act (2002)
|
34 |
| or whose rights have been terminated
pursuant to Section 12a of |
35 |
| this Act or pursuant to the Uniform Parentage Act of (2002) , |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| but including the person sought to be
adopted, shall be made |
2 |
| parties defendant by name, and if the name or names
of any such |
3 |
| persons are alleged in the petition to be unknown such persons
|
4 |
| shall be made parties defendant under the name and style of |
5 |
| "All whom it
may concern". In all such actions petitioner or |
6 |
| his attorney
shall file, at
the office of the clerk of the |
7 |
| court in which the action is pending, an
affidavit showing that |
8 |
| the defendant resides or has gone out of this State,
or on due |
9 |
| inquiry cannot be found, or is concealed within this State, so
|
10 |
| that process cannot be served upon him, and stating the place |
11 |
| of residence
of the defendant, if known, or that upon diligent |
12 |
| inquiry his place of
residence cannot be ascertained, the clerk |
13 |
| shall cause publication to be
made in some newspaper published |
14 |
| in the county in which the action is
pending. If there is no |
15 |
| newspaper published in that county, then the
publication shall |
16 |
| be in a newspaper published in an adjoining county in
this |
17 |
| State, having a circulation in the county in which such action |
18 |
| is
pending. In the event there is service on any of the parties |
19 |
| by
publication, the publication shall contain notice of |
20 |
| pendency of the
action, the name of the person to be adopted |
21 |
| and the name of the parties to
be served by publication, and |
22 |
| the date on or after which default may be
entered against such |
23 |
| parties. Neither the name of petitioners nor the name
of any |
24 |
| party who has either surrendered said child, has given their |
25 |
| consent
to the adoption of the child, or whose parental rights |
26 |
| have been terminated
by a court of competent jurisdiction shall |
27 |
| be included in the notice of
publication. The Clerk shall also, |
28 |
| within ten (10) days of the first
publication of the notice, |
29 |
| send a copy thereof by mail, addressed to each
defendant whose |
30 |
| place of residence is stated in such affidavit. The
certificate |
31 |
| of the Clerk that he sent the copies pursuant to this section
|
32 |
| is evidence that he has done so. Except as provided in this |
33 |
| section
pertaining to service by publication, all parties |
34 |
| defendant shall be
notified of the proceedings in the same |
35 |
| manner as is now or may hereafter
be required in other civil |
36 |
| cases or proceedings. Any party defendant who is
of age of 14 |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| years or upward may waive service of process by entering an
|
2 |
| appearance in writing. The form to be used for publication |
3 |
| shall be
substantially as follows:
"ADOPTION NOTICE - STATE OF |
4 |
| ILLINOIS, County of ...., ss. - Circuit Court
of .... County. |
5 |
| In the matter of the Petition for the Adoption of ...., a
|
6 |
| ..male child. Adoption No. .....
To-- .... (whom it may concern |
7 |
| or the named parent)
Take notice that a petition was filed in |
8 |
| the Circuit Court of .... County,
Illinois, for the adoption of |
9 |
| a child named ..... Now, therefore, unless
you ...., and all |
10 |
| whom it may concern, file your answer to the Petition in
the |
11 |
| action or otherwise file your appearance therein,
in the said |
12 |
| Circuit
Court of ...., County, Room ...., ...., in the City of |
13 |
| ...., Illinois, on
or before the .... day of ...., a default |
14 |
| may be entered against you at any
time after that day and a |
15 |
| judgment entered in accordance with the prayer of
said |
16 |
| Petition.
Dated, ...., Illinois, .... ...., Clerk.
(Name and |
17 |
| address of attorney for petitioners.)
|
18 |
| B. A minor defendant who has been served in accordance with |
19 |
| this Section
may be defaulted in the same manner as any other |
20 |
| defendant.
|
21 |
| C. Notwithstanding any inconsistent provision of this or |
22 |
| any other law,
and in addition to the notice requirements of |
23 |
| any law pertaining to persons
other than those specified in |
24 |
| this subsection, the persons entitled to notice
that a petition |
25 |
| has been filed under Section 5 of this Act shall include:
|
26 |
| (a) any person adjudicated by a court in this State to |
27 |
| be the father of
the child;
|
28 |
| (b) any person adjudicated by a court of another state |
29 |
| or territory of the
United States to be the father of the |
30 |
| child, when a certified copy of the court
order has been |
31 |
| filed with the Putative Father Registry under Section 12.1 |
32 |
| of
this Act or the Registry of Paternity under the Uniform |
33 |
| Parentage Act (2000) ;
|
34 |
| (c) any person who at the time of the filing of the |
35 |
| petition is registered
in the Putative Father Registry |
36 |
| under Section 12.1 of this Act or the Registry of Paternity |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| under the Uniform Parentage Act (2000) as the putative
|
2 |
| father of the child;
|
3 |
| (d) any person who is recorded on the child's birth |
4 |
| certificate as the
child's father;
|
5 |
| (e) any person who is openly living with the child or |
6 |
| the child's mother
at the time the proceeding is initiated |
7 |
| and who is holding himself out to be
the child's father;
|
8 |
| (f) any person who has been identified as the child's |
9 |
| father by the mother
in a written, sworn statement, |
10 |
| including an Affidavit of Identification as
specified |
11 |
| under Section 11 of this Act;
|
12 |
| (g) any person who was married to the child's mother on |
13 |
| the date of the
child's birth or within 300 days prior to |
14 |
| the child's birth.
|
15 |
| The sole purpose of notice under this Section shall be to |
16 |
| enable the person
receiving notice to appear in the adoption |
17 |
| proceedings to present evidence to
the court relevant to the |
18 |
| best interests of the child.
|
19 |
| (Source: P.A. 91-572, eff. 1-1-00.)
|
20 |
| (750 ILCS 50/8) (from Ch. 40, par. 1510)
|
21 |
| Sec. 8. Consents to adoption and surrenders for purposes of
|
22 |
| adoption.
|
23 |
| (a) Except as hereinafter provided in this
Section consents |
24 |
| or surrenders shall be required in all cases, unless the
person |
25 |
| whose
consent or surrender would otherwise be required shall be |
26 |
| found by the
court:
|
27 |
| (1) to be an unfit person
as defined in Section
1 of |
28 |
| this Act, by clear and convincing evidence; or
|
29 |
| (2) not to be the biological or adoptive father of the |
30 |
| child; or
|
31 |
| (3) to have waived his parental rights to the child |
32 |
| under Section 12a or
12.1 of
this Act or under Article 4 of |
33 |
| the Uniform Parentage Act (2000) ; or
|
34 |
| (4) to be the parent of an adult
sought to be adopted; |
35 |
| or
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| (5) to be
the father of the child as a result of |
2 |
| criminal sexual abuse or assault as
defined under Article |
3 |
| 12 of the Criminal Code of 1961; or
|
4 |
| (6) to have been indicated for child sexual abuse as |
5 |
| defined in the
Abused and Neglected Child Reporting Act |
6 |
| that involved sexual penetration of
the mother; or
|
7 |
| (7) to be at least 5 years older than the mother and |
8 |
| the mother was under
the age 17 at the time of conception |
9 |
| of the child to be adopted.
|
10 |
| (b) Where consents are required in the case of an adoption
|
11 |
| of a minor child, the consents of the following persons shall |
12 |
| be
sufficient:
|
13 |
| (1) (A) The mother of the minor child; and
|
14 |
| (B) The father of the minor child, if the father:
|
15 |
| (i) was married to the mother on the date of |
16 |
| birth of the child or
within
300 days before the |
17 |
| birth of the child, except for a husband or former
|
18 |
| husband who has been found by a court of competent |
19 |
| jurisdiction not to be the
biological father of the |
20 |
| child; or
|
21 |
| (ii) is the father of the child under a |
22 |
| judgment for adoption, an
order of parentage, or an |
23 |
| acknowledgment of parentage or paternity pursuant
|
24 |
| to subsection (a) of Section 5 of the Illinois |
25 |
| Parentage Act of 1984 or pursuant to Article 3 of |
26 |
| the Uniform Parentage Act (2000) ; or
|
27 |
| (iii) in the case of a child placed with the |
28 |
| adopting parents less
than
6 months after birth, |
29 |
| openly lived with the child, the child's |
30 |
| biological
mother, or
both,
and
held himself out to |
31 |
| be the child's biological father during the first |
32 |
| 30 days
following the birth of the child; or
|
33 |
| (iv) in the case of a child placed with the |
34 |
| adopting parents less than
6
months after birth, |
35 |
| made a good faith effort to pay a reasonable amount |
36 |
| of the
expenses
related to the birth of the child |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| and to provide a reasonable amount for the
|
2 |
| financial support of the child before the |
3 |
| expiration of 30 days following the
birth of the |
4 |
| child,
provided that the court may consider in its |
5 |
| determination all
relevant circumstances, |
6 |
| including the financial condition of both |
7 |
| biological
parents; or
|
8 |
| (v) in the case of a child placed with the |
9 |
| adopting parents
more
than 6 months after birth, |
10 |
| has maintained substantial and continuous or
|
11 |
| repeated contact with the child as manifested by:
|
12 |
| (I) the payment by the father
toward the support of |
13 |
| the child of a fair and reasonable sum, according |
14 |
| to the
father's means, and either (II) the father's |
15 |
| visiting the child at least
monthly
when |
16 |
| physically and financially able to do so and not |
17 |
| prevented from doing so
by the person or authorized |
18 |
| agency having lawful custody of the child, or (III)
|
19 |
| the father's regular communication with the child |
20 |
| or with the person or agency
having the care or |
21 |
| custody of the child, when physically and |
22 |
| financially unable
to visit the child or prevented |
23 |
| from doing so by the person or authorized
agency |
24 |
| having lawful custody of the child. The subjective |
25 |
| intent of the
father,
whether expressed or |
26 |
| otherwise unsupported by evidence of acts |
27 |
| specified in
this sub-paragraph as manifesting |
28 |
| such intent, shall not preclude a
determination |
29 |
| that the father failed to maintain substantial and |
30 |
| continuous or
repeated contact with the child; or
|
31 |
| (vi) in the case of a child placed with the |
32 |
| adopting parents more than
six
months after birth, |
33 |
| openly lived with the child for a period of six |
34 |
| months
within the one year period immediately |
35 |
| preceding the placement of the child for
adoption |
36 |
| and openly held himself out to be the father of the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| child; or
|
2 |
| (vii) has timely registered with Putative |
3 |
| Father Registry, as provided
in
Section 12.1 of |
4 |
| this Act,
or with the Registry of Paternity, as |
5 |
| provided in Article 4 of the Uniform Parentage Act |
6 |
| (2000), and prior to the expiration of 30 days from |
7 |
| the date
of such registration, commenced legal
|
8 |
| proceedings to establish paternity under the |
9 |
| Illinois Parentage Act of 1984 , under the Uniform |
10 |
| Parentage Act (2000),
or under the law of the |
11 |
| jurisdiction of the child's birth; or
|
12 |
| (2) The legal guardian of the person of the child, if |
13 |
| there
is no surviving parent; or
|
14 |
| (3) An agency, if the child has been surrendered for
|
15 |
| adoption to such agency; or
|
16 |
| (4) Any person or agency having legal custody of a |
17 |
| child by court order
if the parental rights of the parents |
18 |
| have been judicially terminated, and
the court having |
19 |
| jurisdiction of the guardianship of the child has |
20 |
| authorized
the consent to the adoption; or
|
21 |
| (5) The execution and
verification of the petition by |
22 |
| any petitioner who is
also a parent of the child sought to |
23 |
| be adopted shall be sufficient evidence
of such parent's |
24 |
| consent to the adoption.
|
25 |
| (c) Where surrenders to an agency are required in the case |
26 |
| of a placement
for adoption of a minor child by an agency, the |
27 |
| surrenders of the following
persons shall be sufficient:
|
28 |
| (1) (A) The mother of the minor child; and
|
29 |
| (B) The father of the minor child, if the father:
|
30 |
| (i) was married to the mother on the date of |
31 |
| birth of the child or
within 300 days before the |
32 |
| birth of the child, except for a husband or former
|
33 |
| husband who has been found by a court of competent |
34 |
| jurisdiction not to be the
biological father of the |
35 |
| child; or
|
36 |
| (ii) is the father of the child under a |
|
|
|
HB3618 |
- 131 - |
LRB094 11316 DRJ 42141 b |
|
|
1 |
| judgment for adoption, an
order of parentage, or an |
2 |
| acknowledgment of parentage or paternity pursuant
|
3 |
| to subsection (a) of Section 5 of the Illinois |
4 |
| Parentage Act of 1984 or pursuant to Article 3 of |
5 |
| the Uniform Parentage Act (2000) ; or
|
6 |
| (iii) in the case of a child placed with the |
7 |
| adopting parents less
than
6 months after birth, |
8 |
| openly lived with the child, the child's |
9 |
| biological
mother, or
both,
and
held himself out to |
10 |
| be the child's biological father during the first |
11 |
| 30 days
following the birth of a child; or
|
12 |
| (iv) in the case of a child placed with the |
13 |
| adopting parents less than
6
months after birth, |
14 |
| made a good faith effort to pay a reasonable amount |
15 |
| of the
expenses
related to the birth of the child |
16 |
| and to provide a reasonable amount for the
|
17 |
| financial support of the child before
the |
18 |
| expiration of 30 days following the birth of
the
|
19 |
| child,
provided that the court may consider in its |
20 |
| determination all relevant
circumstances, |
21 |
| including the financial condition of both |
22 |
| biological parents;
or
|
23 |
| (v) in the case of a child placed with the |
24 |
| adopting parents more than
six
months after birth, |
25 |
| has maintained substantial and continuous or |
26 |
| repeated
contact with the child as manifested by: |
27 |
| (I) the payment by the father toward
the support of |
28 |
| the child of a fair and reasonable sum, according |
29 |
| to the
father's means, and either (II) the father's |
30 |
| visiting the child at least
monthly when |
31 |
| physically and financially able to do so and not |
32 |
| prevented from
doing so by the person or authorized |
33 |
| agency having lawful custody of the child
or (III) |
34 |
| the father's regular communication with the child |
35 |
| or with the person
or agency having the care or |
36 |
| custody of the child, when physically and
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| financially unable to visit the child or prevented |
2 |
| from doing so by the person
or authorized agency |
3 |
| having lawful custody of the child. The subjective
|
4 |
| intent of the father, whether expressed or |
5 |
| otherwise, unsupported by evidence
of acts |
6 |
| specified in this sub-paragraph as manifesting |
7 |
| such intent, shall not
preclude a determination |
8 |
| that the father failed to maintain substantial and
|
9 |
| continuous or repeated contact with the child; or
|
10 |
| (vi) in the case of a child placed with the |
11 |
| adopting parents more than
six
months after birth, |
12 |
| openly lived with the child for a period of six |
13 |
| months
within the one year period immediately |
14 |
| preceding the placement of the child for
adoption |
15 |
| and openly held himself out to be the father of the |
16 |
| child; or
|
17 |
| (vii) has timely registered with the Putative |
18 |
| Father Registry, as
provided
in Section 12.1 of |
19 |
| this Act,
or with the Registry of Paternity, as |
20 |
| provided in Article 4 of the Uniform Parentage Act |
21 |
| (2000), and prior to the expiration of 30 days from |
22 |
| the date
of such
registration, commenced legal
|
23 |
| proceedings to establish paternity under the |
24 |
| Illinois Parentage Act of 1984, or
under the law of |
25 |
| the jurisdiction of the child's birth.
|
26 |
| (d) In making a determination under subparagraphs (b)(1) |
27 |
| and (c)(1), no
showing shall be required of diligent efforts by |
28 |
| a person or agency to
encourage the father to perform the acts |
29 |
| specified therein.
|
30 |
| (e) In the case of the adoption of an adult, only the |
31 |
| consent of
such adult shall be required.
|
32 |
| (Source: P.A. 93-510, eff. 1-1-04.)
|
33 |
| (750 ILCS 50/12.1)
|
34 |
| Sec. 12.1. Putative Father Registry ; Registry of |
35 |
| Paternity . On and after the effective date of this amendatory |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Act of the 94th General
Assembly, all information and records |
2 |
| in the Putative Father Registry are a
part of the Registry of |
3 |
| Paternity created under the Uniform Parentage Act
(2000), have |
4 |
| the same force and effect as other information and records in |
5 |
| the
Registry of Paternity, and are subject to the laws and |
6 |
| rules governing the
Registry of Paternity. The Department of |
7 |
| Children and Family Services shall
take all actions necessary |
8 |
| to transfer the information and records.
The Department of |
9 |
| Children and Family
Services shall establish a Putative Father |
10 |
| Registry for the purpose of
determining the
identity and |
11 |
| location of a putative father of a minor child who is, or is
|
12 |
| expected to be, the subject of an adoption proceeding, in order |
13 |
| to provide
notice of such proceeding to the putative father. |
14 |
| The Department of Children
and Family Services shall establish |
15 |
| rules and informational material necessary
to implement the |
16 |
| provisions of this Section. The Department shall have the
|
17 |
| authority to set reasonable fees for the use of the Registry.
|
18 |
| (a) The Department shall maintain the following |
19 |
| information in the Registry:
|
20 |
| (1) With respect to the putative father:
|
21 |
| (i) Name, including any other names by which the |
22 |
| putative father may be
known and that he may provide to |
23 |
| the Registry;
|
24 |
| (ii) Address at which he may be served with notice |
25 |
| of a petition under
this Act, including any change of |
26 |
| address;
|
27 |
| (iii) Social Security Number;
|
28 |
| (iv) Date of birth; and
|
29 |
| (v) If applicable, a certified copy of an order by |
30 |
| a court of this
State or of another
state or territory |
31 |
| of the United States adjudicating the putative father |
32 |
| to be
the father of the child.
|
33 |
| (2) With respect to the mother of the child:
|
34 |
| (i) Name, including all other names known to the |
35 |
| putative father by
which the mother may be known;
|
36 |
| (ii) If known to the putative father, her last |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| address;
|
2 |
| (iii) Social Security
Number; and
|
3 |
| (iv) Date of birth.
|
4 |
| (3) If known to the putative father, the name, gender, |
5 |
| place of birth, and
date of birth or anticipated date of |
6 |
| birth of the child.
|
7 |
| (4) The date that the Department received the putative |
8 |
| father's
registration.
|
9 |
| ( 5) Other information as the Department may by rule |
10 |
| determine
necessary for the orderly administration of the |
11 |
| Registry.
|
12 |
| (b) A putative father may register with the Department |
13 |
| before the birth of
the child but shall register no later than |
14 |
| 30 days after the birth of the
child.
All
registrations shall |
15 |
| be in writing and signed by the putative father. No fee
shall |
16 |
| be charged for the initial registration. The Department shall |
17 |
| have no
independent obligation to gather the information to be |
18 |
| maintained.
|
19 |
| (c) An interested party, including persons intending to |
20 |
| adopt a child, a
child welfare agency with whom the mother has |
21 |
| placed or has given written
notice of her intention to place a |
22 |
| child for adoption, the mother of the child,
or an attorney |
23 |
| representing an interested party may request that the
|
24 |
| Department search the Registry to determine whether a putative |
25 |
| father is
registered in relation to a child who is or may be |
26 |
| the subject to an adoption
petition.
|
27 |
| (d) A search of the Registry may be proven by the |
28 |
| production of a certified
copy of the registration form, or by |
29 |
| the certified statement of the
administrator of the Registry |
30 |
| that after a search, no registration of a
putative father in |
31 |
| relation to a child who is or may be the subject of an
adoption |
32 |
| petition could be located.
|
33 |
| (e) Except as otherwise provided, information contained |
34 |
| within the
Registry is confidential and shall not be published |
35 |
| or open to public
inspection.
|
36 |
| (f) A person who knowingly or intentionally registers false
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| information under this Section commits a Class B misdemeanor.
A |
2 |
| person who knowingly or intentionally releases confidential |
3 |
| information
in violation of this Section commits a Class B |
4 |
| misdemeanor.
|
5 |
| (g) Except as provided in subsections (b) or (c) of Section |
6 |
| 8 of this Act, a putative
father who
fails to register with the |
7 |
| Putative Father Registry as provided in this Section
is barred |
8 |
| from thereafter bringing or maintaining any action to assert |
9 |
| any
interest in the child, unless he proves by clear and |
10 |
| convincing evidence that:
|
11 |
| (1) it was not possible for him to register within the |
12 |
| period of time
specified in subsection (b) of this Section; |
13 |
| and
|
14 |
| (2) his failure to register was through no fault of his |
15 |
| own; and
|
16 |
| (3) he registered within 10 days after it became |
17 |
| possible for him to file.
|
18 |
| A lack of knowledge of the pregnancy or birth is not an |
19 |
| acceptable reason for
failure to register.
|
20 |
| (h) Except as provided in subsection (b) or (c) of Section |
21 |
| 8 of this Act, failure to timely
register with the Putative |
22 |
| Father Registry (i) shall be deemed to be a waiver
and |
23 |
| surrender of any right to notice of any hearing in any judicial |
24 |
| proceeding
for the adoption of the child, and the consent or |
25 |
| surrender of that
person to the adoption of
the
child is not |
26 |
| required, and (ii) shall constitute an abandonment of the child
|
27 |
| and shall be prima facie evidence of sufficient grounds to |
28 |
| support termination
of such
father's parental rights under this |
29 |
| Act.
|
30 |
| (i) In any adoption proceeding pertaining to a child born |
31 |
| out of wedlock, if
there is no showing that a putative father |
32 |
| has executed a consent or
surrender or waived his
rights |
33 |
| regarding the proposed adoption, certification as specified in
|
34 |
| subsection (d) shall be filed with the court prior to entry of |
35 |
| a final
judgment order of adoption.
|
36 |
| (j) The Registry shall not be used to notify a putative |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| father who is the
father of a child as a result of criminal |
2 |
| sexual abuse or assault as defined
under Article 12 of the |
3 |
| Criminal Code of 1961.
|
4 |
| (Source: P.A. 89-315, eff. 1-1-96; 90-15, eff. 6-13-97.)
|
5 |
| (750 ILCS 50/18.06)
|
6 |
| Sec. 18.06. Definitions. When used in Sections
18.05 |
7 |
| through Section 18.6, for the purposes of the Registry:
|
8 |
| "Adopted person" means a person who was adopted
pursuant to |
9 |
| the laws in effect at the time of the adoption.
|
10 |
| "Adoptive parent" means a person who has become a parent |
11 |
| through the legal
process of adoption.
|
12 |
| "Agency" means a public child welfare agency or a licensed |
13 |
| child welfare
agency.
|
14 |
| "Birth father" means the biological father of an adopted or |
15 |
| surrendered
person who is named on the original certificate of |
16 |
| live birth or on a consent
or surrender document, or a |
17 |
| biological father whose paternity has been
established by a |
18 |
| judgment or order of the court, pursuant to the Illinois
|
19 |
| Parentage Act of 1984 or the Uniform Parentage Act (2000) .
|
20 |
| "Birth mother" means the biological mother of an adopted or |
21 |
| surrendered
person.
|
22 |
| "Birth parent" means a birth mother or birth father of an |
23 |
| adopted or
surrendered person.
|
24 |
| "Birth sibling" means the adult full or half sibling
of an |
25 |
| adopted or
surrendered person.
|
26 |
| "Denial of Information Exchange" means an affidavit |
27 |
| completed by a
registrant with the Illinois Adoption Registry |
28 |
| and Medical Information Exchange
denying the release of |
29 |
| identifying information.
|
30 |
| "Information Exchange Authorization" means
an affidavit |
31 |
| completed by a registrant with the Illinois Adoption Registry |
32 |
| and
Medical Information Exchange authorizing the release of |
33 |
| identifying
information.
|
34 |
| "Medical Information Exchange Questionnaire" means the |
35 |
| medical
history
questionnaire completed by a registrant of the |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Illinois Adoption Registry and
Medical Information Exchange.
|
2 |
| "Proof of death" means a death certificate.
|
3 |
| "Registrant" or "Registered Party" means a birth parent, |
4 |
| birth sibling,
adopted or surrendered person over the age of |
5 |
| 21, or adoptive parent or legal
guardian of an adopted or |
6 |
| surrendered person under the age of 21 who has filed
an |
7 |
| Illinois Adoption Registry Application or Registration |
8 |
| Identification Form
with the Registry.
|
9 |
| "Surrendered person" means a person whose parents' rights |
10 |
| have been
surrendered or terminated but who has not been |
11 |
| adopted.
|
12 |
| (Source: P.A. 91-417, eff. 1-1-00.)
|
13 |
| Section 905.19. The Illinois Domestic Violence Act of 1986 |
14 |
| is amended by changing Sections 202 and 214 as follows:
|
15 |
| (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
|
16 |
| Sec. 202. Commencement of action; filing fees; dismissal.
|
17 |
| (a) How to commence action. Actions for orders of |
18 |
| protection are commenced:
|
19 |
| (1) Independently: By filing a petition for an order of |
20 |
| protection in
any civil court, unless specific courts are |
21 |
| designated by local rule or order.
|
22 |
| (2) In conjunction with another civil proceeding: By
|
23 |
| filing a petition for an order of protection under the same |
24 |
| case number
as another civil proceeding involving the |
25 |
| parties, including but not
limited to: (i) any proceeding |
26 |
| under the Illinois Marriage and Dissolution of
Marriage |
27 |
| Act, Uniform Parentage Act (2000)
Illinois Parentage Act of |
28 |
| 1984 , Nonsupport of Spouse and
Children Act, Revised |
29 |
| Uniform Reciprocal Enforcement of Support Act or an
action |
30 |
| for nonsupport brought under Article 10 of the
Illinois |
31 |
| Public Aid
Code, provided that a petitioner and
the |
32 |
| respondent are a party to or the subject of that proceeding |
33 |
| or (ii) a
guardianship proceeding under the Probate Act of
|
34 |
| 1975, or a proceeding for involuntary
commitment under the |
|
|
|
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Mental Health and Developmental Disabilities Code, or
any |
2 |
| proceeding, other than a delinquency petition, under the |
3 |
| Juvenile Court
Act of 1987, provided that a petitioner or |
4 |
| the
respondent is a party to or the subject of such |
5 |
| proceeding.
|
6 |
| (3) In conjunction with a delinquency petition or a
|
7 |
| criminal prosecution: By filing a petition
for an order of |
8 |
| protection, under the same case number as the delinquency
|
9 |
| petition or criminal prosecution, to be
granted during |
10 |
| pre-trial release of a defendant, with any dispositional |
11 |
| order
issued under Section 5-710 of the Juvenile Court Act |
12 |
| of 1987
or as a condition of release, supervision, |
13 |
| conditional discharge,
probation, periodic imprisonment, |
14 |
| parole or mandatory supervised release, or
in conjunction |
15 |
| with imprisonment or a bond forfeiture warrant; provided |
16 |
| that:
|
17 |
| (i) the violation is alleged in an information, |
18 |
| complaint, indictment
or delinquency petition on file, |
19 |
| and the alleged offender and victim are
family or |
20 |
| household members or persons protected by this Act; and
|
21 |
| (ii) the petition, which is filed by the State's |
22 |
| Attorney, names a
victim of the alleged crime as a |
23 |
| petitioner.
|
24 |
| (b) Filing, certification, and service fees. No fee shall |
25 |
| be charged
by the clerk for filing, amending, vacating, |
26 |
| certifying, or photocopying
petitions or orders; or for issuing |
27 |
| alias summons; or for any
related filing service. No
fee shall |
28 |
| be charged by the sheriff for service by the sheriff of a
|
29 |
| petition,
rule, motion, or order in an action commenced under |
30 |
| this Section.
|
31 |
| (c) Dismissal and consolidation. Withdrawal or dismissal |
32 |
| of any
petition for an order of protection prior to |
33 |
| adjudication where the
petitioner is represented by the State |
34 |
| shall operate as a dismissal without
prejudice. No action for |
35 |
| an order of protection shall be dismissed because
the |
36 |
| respondent is being prosecuted for a crime against the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| petitioner. An
independent action may be consolidated with |
2 |
| another civil proceeding, as
provided by paragraph (2) of |
3 |
| subsection (a) of this Section. For any
action commenced under |
4 |
| paragraph (2) or (3) of subsection (a) of this Section,
|
5 |
| dismissal of the conjoined case (or a finding of not guilty) |
6 |
| shall not
require dismissal of the action
for the order of |
7 |
| protection; instead, it may be treated as an
independent action |
8 |
| and, if necessary and appropriate, transferred to a
different |
9 |
| court or division. Dismissal of any conjoined case shall not |
10 |
| affect
the
validity of any previously issued order of |
11 |
| protection, and thereafter
subsections (b)(1) and (b)(2) of |
12 |
| Section 220 shall be inapplicable to
such order.
|
13 |
| (d) Pro se petitions. The court shall provide, through the |
14 |
| office of
the clerk of the court, simplified forms and clerical |
15 |
| assistance to help
with the writing and filing of a petition |
16 |
| under this Section by any person
not represented by counsel. In |
17 |
| addition, that assistance may be provided
by the state's |
18 |
| attorney.
|
19 |
| (Source: P.A. 93-458, eff. 1-1-04.)
|
20 |
| (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
21 |
| Sec. 214. Order of protection; remedies.
|
22 |
| (a) Issuance of order. If the court finds that petitioner |
23 |
| has been
abused by a family or household member or that |
24 |
| petitioner is a high-risk
adult who has been abused, neglected, |
25 |
| or exploited, as defined in this Act,
an order of protection |
26 |
| prohibiting the abuse, neglect, or exploitation
shall issue; |
27 |
| provided that petitioner must also satisfy the requirements of
|
28 |
| one of the following Sections, as appropriate: Section 217 on |
29 |
| emergency
orders, Section 218 on interim orders, or Section 219 |
30 |
| on plenary orders.
Petitioner shall not be denied an order of |
31 |
| protection because petitioner or
respondent is a minor. The |
32 |
| court, when determining whether or not to issue
an order of |
33 |
| protection, shall not require physical manifestations of abuse
|
34 |
| on the person of the victim. Modification and extension of |
35 |
| prior
orders of protection shall be in accordance with this |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| Act.
|
2 |
| (b) Remedies and standards. The remedies to be included in |
3 |
| an order of
protection shall be determined in accordance with |
4 |
| this Section and one of
the following Sections, as appropriate: |
5 |
| Section 217 on emergency orders,
Section 218 on interim orders, |
6 |
| and Section 219 on plenary orders. The
remedies listed in this |
7 |
| subsection shall be in addition to other civil or
criminal |
8 |
| remedies available to petitioner.
|
9 |
| (1) Prohibition of abuse, neglect, or exploitation. |
10 |
| Prohibit
respondent's harassment, interference with |
11 |
| personal liberty, intimidation
of a dependent, physical |
12 |
| abuse, or willful deprivation, neglect or
exploitation, as |
13 |
| defined in this Act, or stalking of the petitioner, as |
14 |
| defined
in Section 12-7.3 of the Criminal Code of 1961, if |
15 |
| such abuse, neglect,
exploitation, or stalking has |
16 |
| occurred or otherwise appears likely to occur if
not |
17 |
| prohibited.
|
18 |
| (2) Grant of exclusive possession of residence. |
19 |
| Prohibit respondent from
entering or remaining in any |
20 |
| residence or household of the petitioner,
including one |
21 |
| owned or leased by respondent, if petitioner has a right to
|
22 |
| occupancy thereof. The grant of exclusive possession of the |
23 |
| residence shall not
affect title to real property, nor |
24 |
| shall the court be limited by the standard
set forth in |
25 |
| Section 701 of the Illinois Marriage and Dissolution of |
26 |
| Marriage
Act.
|
27 |
| (A) Right to occupancy. A party has a right to |
28 |
| occupancy of a
residence or household if it is solely |
29 |
| or jointly owned or leased by that
party, that party's |
30 |
| spouse, a person with a legal duty to support that |
31 |
| party or
a minor child in that party's care, or by any |
32 |
| person or entity other than the
opposing party that |
33 |
| authorizes that party's occupancy (e.g., a domestic
|
34 |
| violence shelter). Standards set forth in subparagraph |
35 |
| (B) shall not preclude
equitable relief.
|
36 |
| (B) Presumption of hardships. If petitioner and |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| respondent
each has the right to occupancy of a |
2 |
| residence or household, the court
shall balance (i) the |
3 |
| hardships to respondent and any minor child or
|
4 |
| dependent adult in respondent's care resulting from |
5 |
| entry of this remedy with
(ii) the hardships to |
6 |
| petitioner and any minor child or dependent adult in
|
7 |
| petitioner's care resulting from continued exposure to |
8 |
| the risk of abuse
(should petitioner remain at the |
9 |
| residence or household) or from loss of
possession of |
10 |
| the residence or household (should petitioner leave to |
11 |
| avoid the
risk of abuse). When determining the balance |
12 |
| of hardships, the court shall
also take into account |
13 |
| the accessibility of the residence or household.
|
14 |
| Hardships need not be balanced if respondent does not |
15 |
| have a right to
occupancy.
|
16 |
| The balance of hardships is presumed to favor |
17 |
| possession by
petitioner unless the presumption is |
18 |
| rebutted by a preponderance of the
evidence, showing |
19 |
| that the hardships to respondent substantially |
20 |
| outweigh
the hardships to petitioner and any minor |
21 |
| child or dependent adult in
petitioner's care. The |
22 |
| court, on the request of petitioner or on its own
|
23 |
| motion, may order respondent to provide suitable, |
24 |
| accessible, alternate housing
for petitioner instead |
25 |
| of excluding respondent from a mutual residence or
|
26 |
| household.
|
27 |
| (3) Stay away order and additional prohibitions.
Order |
28 |
| respondent to stay away from petitioner or any other person
|
29 |
| protected by the order of protection, or prohibit |
30 |
| respondent from entering
or remaining present at |
31 |
| petitioner's school, place of employment, or other
|
32 |
| specified places at times when petitioner is present, or |
33 |
| both, if
reasonable, given the balance of hardships. |
34 |
| Hardships need not be balanced for
the court to enter a |
35 |
| stay away order or prohibit entry if respondent has no
|
36 |
| right to enter the premises.
|
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
|
|
1 |
| If an order of protection grants petitioner exclusive |
2 |
| possession
of the residence, or prohibits respondent from |
3 |
| entering the residence,
or orders respondent to stay away |
4 |
| from petitioner or other
protected persons, then the court |
5 |
| may allow respondent access to the
residence to remove |
6 |
| items of clothing and personal adornment
used exclusively |
7 |
| by respondent, medications, and other items as the court
|
8 |
| directs. The right to access shall be exercised on only one |
9 |
| occasion as the
court directs and in the presence of an |
10 |
| agreed-upon adult third party or law
enforcement officer.
|
11 |
| (4) Counseling. Require or recommend the respondent to |
12 |
| undergo
counseling for a specified duration with a social |
13 |
| worker, psychologist,
clinical psychologist, psychiatrist, |
14 |
| family service agency, alcohol or
substance abuse program, |
15 |
| mental health center guidance counselor, agency
providing |
16 |
| services to elders, program designed for domestic violence
|
17 |
| abusers or any other guidance service the court deems |
18 |
| appropriate.
|
19 |
| (5) Physical care and possession of the minor child. In |
20 |
| order to protect
the minor child from abuse, neglect, or |
21 |
| unwarranted separation from the person
who has been the |
22 |
| minor child's primary caretaker, or to otherwise protect |
23 |
| the
well-being of the minor child, the court may do either |
24 |
| or both of the
following: (i) grant petitioner physical |
25 |
| care or possession of the minor child,
or both, or (ii) |
26 |
| order respondent to return a minor child to, or not remove |
27 |
| a
minor child from, the physical care of a parent or person |
28 |
| in loco parentis.
|
29 |
| If a court finds, after a hearing, that respondent has |
30 |
| committed abuse
(as defined in Section 103) of a minor |
31 |
| child, there shall be a
rebuttable presumption that |
32 |
| awarding physical care to respondent would not
be in the |
33 |
| minor child's best interest.
|
34 |
| (6) Temporary legal custody. Award temporary legal |
35 |
| custody to petitioner
in accordance with this Section, the |
36 |
| Illinois Marriage and Dissolution of
Marriage Act, the |
|
|
|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| Uniform Parentage Act (2000)
the Illinois Parentage Act of |
2 |
| 1984 , and this State's Uniform
Child-Custody Jurisdiction |
3 |
| and Enforcement Act.
|
4 |
| If a court finds, after a hearing, that respondent has |
5 |
| committed abuse (as
defined in Section 103) of a minor |
6 |
| child, there shall be a rebuttable
presumption that |
7 |
| awarding temporary legal custody to respondent would not be |
8 |
| in
the child's best interest.
|
9 |
| (7) Visitation. Determine the visitation rights, if |
10 |
| any, of respondent in
any case in which the court awards |
11 |
| physical care or temporary legal custody of
a minor child |
12 |
| to petitioner. The court shall restrict or deny |
13 |
| respondent's
visitation with a minor child if the court |
14 |
| finds that respondent has done or is
likely to do any of |
15 |
| the following: (i) abuse or endanger the minor child during
|
16 |
| visitation; (ii) use the visitation as an opportunity to |
17 |
| abuse or harass
petitioner or petitioner's family or |
18 |
| household members; (iii) improperly
conceal or detain the |
19 |
| minor child; or (iv) otherwise act in a manner that is
not |
20 |
| in the best interests of the minor child. The court shall |
21 |
| not be limited
by the standards set forth in Section 607.1 |
22 |
| of the Illinois Marriage and
Dissolution of Marriage Act. |
23 |
| If the court grants visitation, the order shall
specify |
24 |
| dates and times for the visitation to take place or other |
25 |
| specific
parameters or conditions that are appropriate. No |
26 |
| order for visitation shall
refer merely to the term |
27 |
| "reasonable visitation".
|
28 |
| Petitioner may deny respondent access to the minor |
29 |
| child if, when
respondent arrives for visitation, |
30 |
| respondent is under the influence of drugs
or alcohol and |
31 |
| constitutes a threat to the safety and well-being of
|
32 |
| petitioner or petitioner's minor children or is behaving in |
33 |
| a violent or
abusive manner.
|
34 |
| If necessary to protect any member of petitioner's |
35 |
| family or
household from future abuse, respondent shall be |
36 |
| prohibited from coming to
petitioner's residence to meet |
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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| the minor child for visitation, and the
parties shall |
2 |
| submit to the court their recommendations for reasonable
|
3 |
| alternative arrangements for visitation. A person may be |
4 |
| approved to
supervise visitation only after filing an |
5 |
| affidavit accepting
that responsibility and acknowledging |
6 |
| accountability to the court.
|
7 |
| (8) Removal or concealment of minor child. Prohibit |
8 |
| respondent from
removing a minor child from the State or |
9 |
| concealing the child within the State.
|
10 |
| (9) Order to appear. Order the respondent to appear in |
11 |
| court, alone
or with a minor child, to prevent abuse, |
12 |
| neglect, removal or concealment of
the child, to return the |
13 |
| child to the custody or care of the petitioner or
to permit |
14 |
| any court-ordered interview or examination of the child or |
15 |
| the
respondent.
|
16 |
| (10) Possession of personal property. Grant petitioner |
17 |
| exclusive
possession of personal property and, if |
18 |
| respondent has possession or
control, direct respondent to |
19 |
| promptly make it available to petitioner, if:
|
20 |
| (i) petitioner, but not respondent, owns the |
21 |
| property; or
|
22 |
| (ii) the parties own the property jointly; sharing |
23 |
| it would risk
abuse of petitioner by respondent or is |
24 |
| impracticable; and the balance of
hardships favors |
25 |
| temporary possession by petitioner.
|
26 |
| If petitioner's sole claim to ownership of the property |
27 |
| is that it is
marital property, the court may award |
28 |
| petitioner temporary possession
thereof under the |
29 |
| standards of subparagraph (ii) of this paragraph only if
a |
30 |
| proper proceeding has been filed under the Illinois |
31 |
| Marriage and
Dissolution of Marriage Act, as now or |
32 |
| hereafter amended.
|
33 |
| No order under this provision shall affect title to |
34 |
| property.
|
35 |
| (11) Protection of property. Forbid the respondent |
36 |
| from taking,
transferring, encumbering, concealing, |
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| damaging or otherwise disposing of
any real or personal |
2 |
| property, except as explicitly authorized by the
court, if:
|
3 |
| (i) petitioner, but not respondent, owns the |
4 |
| property; or
|
5 |
| (ii) the parties own the property jointly,
and the |
6 |
| balance of hardships favors granting this remedy.
|
7 |
| If petitioner's sole claim to ownership of the property |
8 |
| is that it is
marital property, the court may grant |
9 |
| petitioner relief under subparagraph
(ii) of this |
10 |
| paragraph only if a proper proceeding has been filed under |
11 |
| the
Illinois Marriage and Dissolution of Marriage Act, as |
12 |
| now or hereafter amended.
|
13 |
| The court may further prohibit respondent from |
14 |
| improperly using the
financial or other resources of an |
15 |
| aged member of the family or household
for the profit or |
16 |
| advantage of respondent or of any other person.
|
17 |
| (12) Order for payment of support. Order respondent to |
18 |
| pay temporary
support for the petitioner or any child in |
19 |
| the petitioner's care or
custody, when the respondent has a |
20 |
| legal obligation to support that person,
in accordance with |
21 |
| the Illinois Marriage and Dissolution
of Marriage Act, |
22 |
| which shall govern, among other matters, the amount of
|
23 |
| support, payment through the clerk and withholding of |
24 |
| income to secure
payment. An order for child support may be |
25 |
| granted to a petitioner with
lawful physical care or |
26 |
| custody of a child, or an order or agreement for
physical |
27 |
| care or custody, prior to entry of an order for legal |
28 |
| custody.
Such a support order shall expire upon entry of a |
29 |
| valid order granting
legal custody to another, unless |
30 |
| otherwise provided in the custody order.
|
31 |
| (13) Order for payment of losses. Order respondent to |
32 |
| pay petitioner for
losses suffered as a direct result of |
33 |
| the abuse, neglect, or exploitation.
Such losses shall |
34 |
| include, but not be limited to, medical expenses, lost
|
35 |
| earnings or other support, repair or replacement of |
36 |
| property damaged or taken,
reasonable attorney's fees, |
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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| court costs and moving or other travel expenses,
including |
2 |
| additional reasonable expenses for temporary shelter and |
3 |
| restaurant
meals.
|
4 |
| (i) Losses affecting family needs. If a party is |
5 |
| entitled to seek
maintenance, child support or |
6 |
| property distribution from the other party
under the |
7 |
| Illinois Marriage and Dissolution of Marriage Act, as |
8 |
| now or
hereafter amended, the court may order |
9 |
| respondent to reimburse petitioner's
actual losses, to |
10 |
| the extent that such reimbursement would be |
11 |
| "appropriate
temporary relief", as authorized by |
12 |
| subsection (a)(3) of Section 501 of
that Act.
|
13 |
| (ii) Recovery of expenses. In the case of an |
14 |
| improper concealment
or removal of a minor child, the |
15 |
| court may order respondent to pay the
reasonable |
16 |
| expenses incurred or to be incurred in the search for |
17 |
| and recovery
of the minor child, including but not |
18 |
| limited to legal fees, court costs,
private |
19 |
| investigator fees, and travel costs.
|
20 |
| (14) Prohibition of entry. Prohibit the respondent |
21 |
| from entering or
remaining in the residence or household |
22 |
| while the respondent is under the
influence of alcohol or |
23 |
| drugs and constitutes a threat to the safety and
well-being |
24 |
| of the petitioner or the petitioner's children.
|
25 |
| (14.5) Prohibition of firearm possession.
|
26 |
| (a) When a complaint is made
under a request for an |
27 |
| order of protection, that the respondent has |
28 |
| threatened
or is likely to use firearms illegally |
29 |
| against the petitioner, and the
respondent is present |
30 |
| in court, or has failed to appear after receiving |
31 |
| actual
notice, the court shall examine on oath the |
32 |
| petitioner, and any witnesses who
may be produced. If |
33 |
| the court is satisfied that there is any danger of the
|
34 |
| illegal use of firearms, it shall issue an order that |
35 |
| any firearms in the
possession of the respondent, |
36 |
| except as provided in subsection (b), be turned
over to |
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| the local law enforcement agency
for safekeeping. If |
2 |
| the respondent has failed to appear, the court shall
|
3 |
| issue a warrant for seizure of any firearm in the |
4 |
| possession of the respondent.
The period of |
5 |
| safekeeping shall be for a stated period of time not to |
6 |
| exceed 2
years. The firearm or firearms shall be |
7 |
| returned to the respondent at the end
of the stated |
8 |
| period or at expiration of the order of protection, |
9 |
| whichever is
sooner.
|
10 |
| (b) If the respondent is a peace officer as defined |
11 |
| in Section 2-13 of
the
Criminal Code of 1961, the court |
12 |
| shall order that any firearms used by the
respondent in |
13 |
| the performance of his or her duties as a
peace officer |
14 |
| be surrendered to
the chief law enforcement executive |
15 |
| of the agency in which the respondent is
employed, who |
16 |
| shall retain the firearms for safekeeping for the |
17 |
| stated period
not to exceed 2 years as set forth in the |
18 |
| court order.
|
19 |
| (15) Prohibition of access to records. If an order of |
20 |
| protection
prohibits respondent from having contact with |
21 |
| the minor child,
or if petitioner's address is omitted |
22 |
| under subsection (b) of
Section 203, or if necessary to |
23 |
| prevent abuse or wrongful removal or
concealment of a minor |
24 |
| child, the order shall deny respondent access to, and
|
25 |
| prohibit respondent from inspecting, obtaining, or |
26 |
| attempting to
inspect or obtain, school or any other |
27 |
| records of the minor child
who is in the care of |
28 |
| petitioner.
|
29 |
| (16) Order for payment of shelter services. Order |
30 |
| respondent to
reimburse a shelter providing temporary |
31 |
| housing and counseling services to
the petitioner for the |
32 |
| cost of the services, as certified by the shelter
and |
33 |
| deemed reasonable by the court.
|
34 |
| (17) Order for injunctive relief. Enter injunctive |
35 |
| relief necessary
or appropriate to prevent further abuse of |
36 |
| a family or household member
or further abuse, neglect, or |
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| exploitation of a high-risk adult with
disabilities or to |
2 |
| effectuate one of the granted remedies, if supported by the
|
3 |
| balance of hardships. If the harm to be prevented by the |
4 |
| injunction is abuse
or any other harm that one of the |
5 |
| remedies listed in paragraphs (1) through
(16) of this |
6 |
| subsection is designed to prevent, no further evidence is
|
7 |
| necessary that the harm is an irreparable injury.
|
8 |
| (c) Relevant factors; findings.
|
9 |
| (1) In determining whether to grant a specific remedy, |
10 |
| other than
payment of support, the court shall consider
|
11 |
| relevant factors, including but not limited to the |
12 |
| following:
|
13 |
| (i) the nature, frequency, severity, pattern and |
14 |
| consequences of the
respondent's past abuse, neglect |
15 |
| or exploitation of the petitioner or
any family or |
16 |
| household member, including the concealment of his or |
17 |
| her
location in order to evade service of process or |
18 |
| notice, and the likelihood of
danger of future abuse, |
19 |
| neglect, or exploitation to petitioner or any member of
|
20 |
| petitioner's or respondent's family or household; and
|
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| (ii) the danger that any minor child will be abused |
22 |
| or neglected or
improperly removed from the |
23 |
| jurisdiction, improperly concealed within the
State or |
24 |
| improperly separated from the child's primary |
25 |
| caretaker.
|
26 |
| (2) In comparing relative hardships resulting to the |
27 |
| parties from loss
of possession of the family home, the |
28 |
| court shall consider relevant
factors, including but not |
29 |
| limited to the following:
|
30 |
| (i) availability, accessibility, cost, safety, |
31 |
| adequacy, location and
other characteristics of |
32 |
| alternate housing for each party and any minor child
or |
33 |
| dependent adult in the party's care;
|
34 |
| (ii) the effect on the party's employment; and
|
35 |
| (iii) the effect on the relationship of the party, |
36 |
| and any minor
child or dependent adult in the party's |
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| care, to family, school, church
and community.
|
2 |
| (3) Subject to the exceptions set forth in paragraph |
3 |
| (4) of this
subsection, the court shall make its findings |
4 |
| in an official record or in
writing, and shall at a minimum |
5 |
| set forth the following:
|
6 |
| (i) That the court has considered the applicable |
7 |
| relevant factors
described in paragraphs (1) and (2) of |
8 |
| this subsection.
|
9 |
| (ii) Whether the conduct or actions of respondent, |
10 |
| unless
prohibited, will likely cause irreparable harm |
11 |
| or continued abuse.
|
12 |
| (iii) Whether it is necessary to grant the |
13 |
| requested relief in order
to protect petitioner or |
14 |
| other alleged abused persons.
|
15 |
| (4) For purposes of issuing an ex parte emergency order |
16 |
| of protection,
the court, as an alternative to or as a |
17 |
| supplement to making the findings
described in paragraphs |
18 |
| (c)(3)(i) through (c)(3)(iii) of this subsection, may
use |
19 |
| the following procedure:
|
20 |
| When a verified petition for an emergency order of |
21 |
| protection in
accordance with the requirements of Sections |
22 |
| 203 and 217 is
presented to the court, the court shall |
23 |
| examine petitioner on oath or
affirmation. An emergency |
24 |
| order of protection shall be issued by the court
if it |
25 |
| appears from the contents of the petition and the |
26 |
| examination of
petitioner that the averments are |
27 |
| sufficient to indicate abuse by
respondent and to support |
28 |
| the granting of relief under the issuance of the
emergency |
29 |
| order of protection.
|
30 |
| (5) Never married parties. No rights or |
31 |
| responsibilities for a minor
child born outside of marriage |
32 |
| attach to a putative father until a father and
child |
33 |
| relationship has been established under the Illinois |
34 |
| Parentage Act of
1984, the Uniform Parentage Act (2000), |
35 |
| the Illinois Public Aid Code, Section 12 of the Vital |
36 |
| Records Act, the
Juvenile Court Act of 1987, the Probate |
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|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| Act of 1985, the Revised Uniform
Reciprocal Enforcement of |
2 |
| Support Act, the Uniform Interstate Family Support
Act, the |
3 |
| Expedited Child Support Act of 1990, any judicial, |
4 |
| administrative, or
other act of another state or territory, |
5 |
| any other Illinois statute, or by any
foreign nation |
6 |
| establishing the father and child relationship, any other
|
7 |
| proceeding substantially in conformity with the Personal |
8 |
| Responsibility and
Work Opportunity Reconciliation Act of |
9 |
| 1996 (Pub. L. 104-193), or where both
parties appeared in |
10 |
| open court or at an administrative hearing acknowledging
|
11 |
| under
oath or admitting by affirmation the existence of a |
12 |
| father and child
relationship.
Absent such an |
13 |
| adjudication, finding, or acknowledgement, no putative
|
14 |
| father shall be granted
temporary custody of the minor |
15 |
| child, visitation with the minor child, or
physical care |
16 |
| and possession of the minor child, nor shall an order of |
17 |
| payment
for support of the minor child be entered.
|
18 |
| (d) Balance of hardships; findings. If the court finds that |
19 |
| the balance
of hardships does not support the granting of a |
20 |
| remedy governed by
paragraph (2), (3), (10), (11), or (16) of |
21 |
| subsection (b) of this Section,
which may require such |
22 |
| balancing, the court's findings shall so
indicate and shall |
23 |
| include a finding as to whether granting the remedy will
result |
24 |
| in hardship to respondent that would substantially outweigh the |
25 |
| hardship
to petitioner from denial of the remedy. The findings |
26 |
| shall be an official
record or in writing.
|
27 |
| (e) Denial of remedies. Denial of any remedy shall not be |
28 |
| based, in
whole or in part, on evidence that:
|
29 |
| (1) Respondent has cause for any use of force, unless |
30 |
| that cause
satisfies the standards for justifiable use of |
31 |
| force provided by Article
VII of the Criminal Code of 1961;
|
32 |
| (2) Respondent was voluntarily intoxicated;
|
33 |
| (3) Petitioner acted in self-defense or defense of |
34 |
| another, provided
that, if petitioner utilized force, such |
35 |
| force was justifiable under
Article VII of the Criminal |
36 |
| Code of 1961;
|
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|
HB3618 |
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LRB094 11316 DRJ 42141 b |
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| (4) Petitioner did not act in self-defense or defense |
2 |
| of another;
|
3 |
| (5) Petitioner left the residence or household to avoid |
4 |
| further abuse,
neglect, or exploitation by respondent;
|
5 |
| (6) Petitioner did not leave the residence or household |
6 |
| to avoid further
abuse, neglect, or exploitation by |
7 |
| respondent;
|
8 |
| (7) Conduct by any family or household member excused |
9 |
| the abuse,
neglect, or exploitation by respondent, unless |
10 |
| that same conduct would have
excused such abuse, neglect, |
11 |
| or exploitation if the parties had not been
family or |
12 |
| household members.
|
13 |
| (Source: P.A. 93-108, eff. 1-1-04.)
|
14 |
| Section 905.20. The Business Corporation Act of 1983 is |
15 |
| amended by changing Section 1.25 as follows:
|
16 |
| (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
|
17 |
| Sec. 1.25. List of corporations; exchange of information.
|
18 |
| (a) The Secretary of State shall
publish each year a list |
19 |
| of corporations filing an annual report for the
preceding year |
20 |
| in accordance with the provisions of this Act, which report
|
21 |
| shall state the name of the corporation and the respective |
22 |
| names and addresses
of the president, secretary, and registered |
23 |
| agent thereof and the address
of the registered office in this |
24 |
| State of each such corporation. The Secretary
of State shall |
25 |
| furnish without charge a copy of such report to each
recorder |
26 |
| of this State, and to each member of the General Assembly
and |
27 |
| to each State agency or department requesting the same. The |
28 |
| Secretary
of State shall, upon receipt of a written request and |
29 |
| a fee as determined by
the
Secretary, furnish such report to |
30 |
| anyone else.
|
31 |
| (b) (1) The Secretary of State shall publish daily a list |
32 |
| of all newly
formed corporations, business and not for profit, |
33 |
| chartered by him on that
day issued after receipt of the |
34 |
| application. The daily list shall contain
the same information |
|
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
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| as to each corporation as is provided for the corporation
list |
2 |
| published under subsection (a) of this Section. The daily list |
3 |
| may be
obtained at the Secretary's office by any person, |
4 |
| newspaper, State department
or agency, or local government for |
5 |
| a reasonable charge to be determined
by the Secretary. |
6 |
| Inspection of the daily list may be made at the Secretary's
|
7 |
| office during normal business hours without charge by any |
8 |
| person, newspaper,
State department or agency, or local |
9 |
| government.
|
10 |
| (2) The Secretary shall compile the daily list mentioned in |
11 |
| paragraph
(1) of subsection (b) of this Section monthly, or |
12 |
| more often at the
Secretary's discretion.
The compilation shall |
13 |
| be immediately mailed free of charge to all local
governments |
14 |
| requesting in writing receipt of such publication, or shall
be |
15 |
| automatically mailed by the Secretary without charge to local |
16 |
| governments
as determined by the Secretary. The Secretary shall |
17 |
| mail a copy of the
compilations free of charge to all State |
18 |
| departments or agencies making
a written request. A request for |
19 |
| a compilation of the daily list once made
by a local government |
20 |
| or State department or agency need not be renewed.
However, the |
21 |
| Secretary may request from time to time whether the local
|
22 |
| governments
or State departments or agencies desire to continue |
23 |
| receiving the compilation.
|
24 |
| (3) The compilations of the daily list mentioned in |
25 |
| paragraph (2) of
subsection (b)
of this Section shall be mailed |
26 |
| to newspapers, or any other person not included
as a recipient |
27 |
| in paragraph (2) of subsection (b) of this Section, upon
|
28 |
| receipt of a written
application signed by the applicant and |
29 |
| accompanied by the payment of a
fee as determined by the |
30 |
| Secretary.
|
31 |
| (c) If a domestic or foreign corporation has filed with the
|
32 |
| Secretary of State an annual report for the preceding year or |
33 |
| has
been newly formed or is otherwise and in any manner |
34 |
| registered
with the Secretary of State, the Secretary of State |
35 |
| shall exchange
with the Illinois Department of Public Aid
any |
36 |
| information concerning that corporation that may be
necessary |
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HB3618 |
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LRB094 11316 DRJ 42141 b |
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|
1 |
| for the enforcement of child support orders entered
pursuant to |
2 |
| the Illinois Public Aid Code, the Illinois Marriage and
|
3 |
| Dissolution of Marriage Act, the Non-Support of Spouse and
|
4 |
| Children Act, the Non-Support Punishment Act, the Revised |
5 |
| Uniform Reciprocal Enforcement of Support Act, the
Uniform |
6 |
| Interstate Family Support Act, or the
Illinois Parentage Act of |
7 |
| 1984 , or the Uniform Parentage Act (2000) .
|
8 |
| Notwithstanding any provisions in this Act to the contrary,
|
9 |
| the Secretary of State shall not be liable
to any person for |
10 |
| any disclosure of information to the Illinois
Department of |
11 |
| Public Aid under this subsection or for
any other
action taken |
12 |
| in good faith to comply with the requirements of this
|
13 |
| subsection.
|
14 |
| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
|
15 |
| Section 905.21. The Limited Liability Company Act is |
16 |
| amended by changing Section 50-5 as follows:
|
17 |
| (805 ILCS 180/50-5)
|
18 |
| Sec. 50-5. List of limited liability companies; exchange of |
19 |
| information.
|
20 |
| (a) The Secretary of State may publish a list or lists
of |
21 |
| limited liability companies and foreign limited liability
|
22 |
| companies, as often, in the format, and for the fees as the
|
23 |
| Secretary of State may in his or her discretion provide by |
24 |
| rule.
The Secretary of State may disseminate information |
25 |
| concerning limited
liability companies and foreign limited |
26 |
| liability companies
by computer network in the format and for |
27 |
| the fees as may be
determined by rule.
|
28 |
| (b) Upon written request, any list published under |
29 |
| subsection (a) shall be
free to each member of the General |
30 |
| Assembly, to each State
agency or department, and to each |
31 |
| recorder in this State.
An appropriate fee established by rule |
32 |
| to cover the cost of producing the list
shall be charged to all |
33 |
| others.
|
34 |
| (c) If a domestic or foreign limited liability company has
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HB3618 |
- 154 - |
LRB094 11316 DRJ 42141 b |
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| filed with the Secretary of State an annual report for the |
2 |
| preceding
year or has been newly formed or is otherwise and in |
3 |
| any manner
registered with the Secretary of State, the |
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| Secretary of State shall
exchange with the Illinois Department |
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| of Public Aid
any information concerning that limited liability
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| company that may be necessary for the enforcement of child
|
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| support orders entered pursuant to the Illinois Public Aid |
8 |
| Code, the
Illinois Marriage and Dissolution of Marriage Act, |
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| the Non-Support of Spouse
and Children Act, the Non-Support |
10 |
| Punishment Act, the Revised Uniform Rec |