Rep. Kelly Burke

Filed: 2/14/2013

 

 


 

 


 
09800HB1243ham001LRB098 03015 HEP 40651 a

1
AMENDMENT TO HOUSE BILL 1243

2    AMENDMENT NO. ______. Amend House Bill 1243 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. GENERAL PROVISIONS

 
5    Section 101. Short title. This Act may be cited as the
6Illinois Parentage Act of 2013.
 
7    Section 102. Public policy. Illinois recognizes the right
8of every child to the physical, mental, emotional, and
9financial support of his or her parents. The parent-child
10relationship, including support obligations, extends equally
11to every child and to every parent, regardless of the legal
12relationship of the parents, and regardless of whether a parent
13is a minor.
 
14    Section 103. Definitions. In this Act:

 

 

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1    (a) "Acknowledged father" means a man who has established a
2father-child relationship under Article 3.
3    (b) "Adjudicated father" means a man who has been
4adjudicated by a court of competent jurisdiction, or as
5authorized under Article X of the Illinois Public Aid Code, to
6be the father of a child.
7    (c) "Alleged father" means a man who alleges himself to be,
8or is alleged to be, the biological father or a possible
9biological father of a child, but whose paternity has not been
10established. The term does not include:
11        (1) a presumed parent or acknowledged father;
12        (2) a man whose parental rights have been terminated or
13    declared not to exist; or
14        (3) a male donor.
15    (d) "Assisted reproduction" means a method of causing
16pregnancy other than sexual intercourse. The term includes:
17        (1) intrauterine insemination;
18        (2) donation of eggs;
19        (3) donation of embryos;
20        (4) in-vitro fertilization and transfer of embryos;
21    and
22        (5) intracytoplasmic sperm injection.
23    (e) "Child" means an individual of any age whose parentage
24may be established under this Act.
25    (f) "Combined paternity index" means the likelihood of
26paternity calculated by computing the ratio between:

 

 

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1        (1) the likelihood that the tested man is the father,
2    based on the genetic markers of the tested man, mother, and
3    child, conditioned on the hypothesis that the tested man is
4    the father of the child; and
5        (2) the likelihood that the tested man is not the
6    father, based on the genetic markers of the tested man,
7    mother, and child, conditioned on the hypothesis that the
8    tested man is not the father of the child and that the
9    father is of the same ethnic or racial group as the tested
10    man.
11    (g) "Commence" means to file the initial pleading seeking
12an adjudication of parentage in the circuit court of this
13State.
14    (h) "Determination of parentage" means the establishment
15of the parent-child relationship by the signing of a voluntary
16acknowledgment under Article 3 of this Act or adjudication by
17the court or as authorized under Article X of the Illinois
18Public Aid Code.
19    (i) "Donor" means an individual who contributes a gamete or
20gametes used for assisted reproduction, whether or not for
21consideration. The term does not include:
22        (1) an intended parent who provides sperm, or an
23    intended parent who provides eggs, to be used for assisted
24    reproduction by the intended parent or parents;
25        (2) a woman who gives birth to a child by means of
26    assisted reproduction, except as otherwise provided in the

 

 

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1    Gestational Surrogacy Act or a valid gestational surrogacy
2    contract; or
3        (3) a parent under Article 7 of this Act, or an
4    intended parent under the Gestational Surrogacy Act or a
5    valid gestational surrogacy contract.
6    (j) "Ethnic or racial group" means, for purposes of genetic
7testing, a recognized group that an individual identifies as
8all or part of the individual's ancestry or that is so
9identified by other information.
10    (k) "Gamete" means either a sperm or an egg.
11    (l) "Genetic testing" means an analysis of genetic markers
12to exclude or identify a man as the father or a woman as the
13mother of a child as provided in Article 4 of this Act.
14    (m) "Gestational mother" means an adult woman who gives
15birth to a child pursuant to the terms of a valid gestational
16surrogacy contract.
17    (n) "Man" means a male individual of any age.
18    (o) "Parent" means an individual who has established a
19parent-child relationship under Section 201 of this Act.
20    (p) "Parent-child relationship" means the legal
21relationship between a child and a parent of the child.
22    (q) "Presumed parent" means an individual who, by operation
23of law under Section 204 of this Act, is recognized as the
24parent of a child until that status is rebutted or confirmed in
25a judicial or administrative proceeding.
26    (r) "Probability of paternity" means the measure, for the

 

 

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1ethnic or racial group to which the alleged father belongs, of
2the probability that the man in question is the father of the
3child, compared with a random, unrelated man of the same ethnic
4or racial group, expressed as a percentage incorporating the
5combined paternity index and a prior probability.
6    (s) "Record" means information that is inscribed on a
7tangible medium or that is stored in an electronic or other
8medium and is retrievable in perceivable form.
9    (t) "Signatory" means an individual who authenticates a
10record and is bound by its terms.
11    (u) "State" means a state of the United States, the
12District of Columbia, Puerto Rico, the United States Virgin
13Islands, or any territory or insular possession subject to the
14jurisdiction of the United States.
15    (v) "Support-enforcement agency" means a public official
16or agency authorized to seek:
17        (1) enforcement of support orders or laws relating to
18    the duty of support;
19        (2) establishment or modification of child support;
20        (3) determination of parentage; or
21        (4) location of child-support obligors and their
22    income and assets.
 
23    Section 104. Scope of Act; choice of law.
24    (a) This Act applies to determination of parentage in this
25State.

 

 

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1    (b) The court shall apply the law of this State to
2adjudicate the parent-child relationship. The applicable law
3does not depend on:
4        (1) the place of birth of the child; or
5        (2) the past or present residence of the child.
6    (c) This Act does not create, enlarge, or diminish parental
7rights or duties under other law of this State.
 
8    Section 105. Authority to establish parentage. The circuit
9courts are authorized to establish parentage under this Act.
10The Department of Healthcare and Family Services may make
11administrative determinations of paternity and nonpaternity in
12accordance with Section 10-17.7 of the Illinois Public Aid
13Code. Such administrative determinations shall have the full
14force and effect of court judgments entered under this Act.
 
15    Section 106. Protection of participants. Proceedings under
16this Act are subject to other law of this State governing the
17health, safety, privacy, and liberty of a child or other
18individual who could be jeopardized by disclosure of
19identifying information, including address, telephone number,
20place of employment, social security number, and the child's
21day-care facility and school.
 
22
ARTICLE 2. PARENT-CHILD RELATIONSHIP

 

 

 

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1    Section 201. Establishment of parent-child relationship.
2    (a) The parent-child relationship is established between a
3woman and a child by:
4        (1) the woman having given birth to the child, except
5    as otherwise provided in a valid gestational surrogacy
6    contract;
7        (2) an adjudication of the woman's parentage;
8        (3) adoption of the child by the woman;
9        (4) the woman having consented to assisted
10    reproduction by a woman under Article 7 of this Act which
11    resulted in the birth of the child;
12        (5) a valid gestational surrogacy contract under the
13    Gestational Surrogacy Act or other law; or
14        (6) an unrebutted presumption of the woman's parentage
15    of the child under Section 204 of this Act.
16    (b) The parent-child relationship is established between a
17man and a child by:
18        (1) an unrebutted presumption of the man's parentage of
19    the child under Section 204 of this Act;
20        (2) an effective voluntary acknowledgment of paternity
21    by the man under Article 3 of this Act, unless the
22    acknowledgment has been rescinded or successfully
23    challenged;
24        (3) an adjudication of the man's parentage;
25        (4) adoption of the child by the man;
26        (5) the man having consented to assisted reproduction

 

 

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1    by a woman under Article 7 of this Act which resulted in
2    the birth of the child; or
3        (6) a valid gestational surrogacy contract under the
4    Gestational Surrogacy Act or other law.
5    (c) Insofar as practicable, the provisions of this Act
6applicable to parent-child relationships shall apply equally
7to men and women as parents, including, but not limited to, the
8obligation to support.
 
9    Section 202. Parents' legal relationship. Every child has
10equal rights under the law regardless of the parents' legal
11relationship.
 
12    Section 203. Consequences of establishment of parentage. A
13parent-child relationship established under this Act applies
14for all purposes, except as otherwise specifically provided by
15other law of this State.
 
16    Section 204. Presumption of parentage.
17    (a) A man is presumed to be the parent of a child if:
18        (1) he and the mother of the child have entered into a
19    state-recognized marriage, civil union, or domestic
20    partnership, and the child is born to the mother during the
21    state-recognized marriage, civil union, or domestic
22    partnership, except as provided by a valid gestational
23    surrogacy contract, Article 7 of this Act, or other law;

 

 

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1        (2) he and the mother of the child were in a
2    state-recognized marriage, civil union, or domestic
3    partnership and the child is born to the mother within 300
4    days after the state-recognized marriage, civil union, or
5    domestic partnership is terminated by death, declaration
6    of invalidity of marriage, judgment for dissolution of
7    marriage, civil union, or domestic partnership, or after a
8    judgment for legal separation, except as provided by a
9    valid gestational surrogacy contract, Article 7 of this
10    Act, or other law;
11        (3) before the birth of the child, he and the mother of
12    the child entered into a state-recognized marriage, civil
13    union, or domestic partnership in apparent compliance with
14    law, even if the attempted marriage, civil union, or
15    domestic partnership is or could be declared invalid, and
16    the child is born during the invalid marriage, civil union,
17    or domestic partnership or within 300 days after its
18    termination by death, declaration of invalidity of
19    marriage, judgment for dissolution of marriage, civil
20    union, or domestic partnership, or after a judgment for
21    legal separation, except as provided by a valid gestational
22    surrogacy contract, Article 7 of this Act, or other law;
23        (4) after the child's birth, he and the child's mother
24    have entered into a state-recognized marriage, civil
25    union, or domestic partnership, even if the marriage, civil
26    union, or domestic partnership is or could be declared

 

 

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1    invalid, and he is named, with his written consent, as the
2    child's father on the child's birth certificate; or
3        (5) for the first 2 years after the birth of the child,
4    he resided in a household with the child, openly held out
5    the child as his own during that time, the child had only
6    one parent under law at that time, and that parent
7    consented to the man's holding out the child as his own.
8    (b) A woman is presumed to be the parent of a child if:
9        (1) she and the birth mother of the child were in a
10    state-recognized marriage, civil union, or domestic
11    partnership at the time of the birth and the natural father
12    of the child has not commenced an action to establish his
13    parentage;
14        (2) she and the birth mother of the child have entered
15    into a state-recognized marriage, civil union, or domestic
16    partnership, and the child is born to the birth mother
17    during the state-recognized marriage, civil union, or
18    domestic partnership, except as provided by a valid
19    gestational surrogacy contract, Article 7 of this Act, or
20    other law;
21        (3) she and the birth mother of the child were in a
22    state-recognized marriage, civil union, or domestic
23    partnership and the child is born to the birth mother
24    within 300 days after the state-recognized marriage, civil
25    union, or domestic partnership is terminated by death,
26    declaration of invalidity of marriage, judgment for

 

 

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1    dissolution of marriage, civil union, or domestic
2    partnership, or after a judgment for legal separation,
3    except as provided by a valid gestational surrogacy
4    contract, Article 7 of this Act, or other law;
5        (4) before the birth of the child, she and the birth
6    mother of the child entered into a state-recognized
7    marriage, civil union, or domestic partnership in apparent
8    compliance with law, even if the attempted marriage, civil
9    union, or domestic partnership is or could be declared
10    invalid, and the child is born during the invalid marriage,
11    civil union, or domestic partnership or within 300 days
12    after its termination by death, declaration of invalidity
13    of marriage, judgment for dissolution of marriage, civil
14    union, or domestic partnership, or after a judgment for
15    legal separation, except as provided by a valid gestational
16    surrogacy contract, Article 7 of this Act, or other law;
17        (5) after the child's birth, she and the birth mother
18    have entered into a state-recognized marriage, civil
19    union, or domestic partnership, even if the marriage, civil
20    union, or domestic partnership is or could be declared
21    invalid, and she is named, with her written consent, as the
22    child's parent on the child's birth certificate; or
23        (6) for the first 2 years after the birth of the child,
24    she resided in a household with the child, openly held out
25    the child as her own during that time, the child had only
26    one parent under law at that time, and that parent

 

 

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1    consented to the woman's holding out the child as her own.
 
2    Section 205. Proceedings to declare the non-existence of
3the parent-child relationship.
4    (a) An action to declare the non-existence of the
5parent-child relationship may be brought by the child, the
6birth mother, or a man or woman presumed to be the parent under
7Section 204 of this Act. Actions brought by the child, the
8birth mother, or a presumed parent shall be brought by verified
9complaint, which shall be designated a petition. After a
10presumption under Section 204 of this Act has been rebutted,
11parentage of the child by another man or woman may be
12established in the same action, if he or she has been made a
13party.
14    (b) An action to declare the non-existence of the
15parent-child relationship brought under subsection (a) of this
16Section shall be barred if brought later than 2 years after the
17petitioner knew or should have known of the relevant facts. The
182-year period for bringing an action to declare the
19non-existence of the parent-child relationship shall not
20extend beyond the date on which the child reaches the age of 18
21years. Failure to bring an action within 2 years shall not bar
22any party from asserting a defense in any action to declare the
23existence of the parent-child relationship.
24    (c) An action to declare the non-existence of the
25parent-child relationship may be brought subsequent to an

 

 

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1adjudication of parentage in any judgment by the man
2adjudicated to be the parent pursuant to a presumption in
3paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
4of deoxyribonucleic acid (DNA) testing, it is discovered that
5the man adjudicated to be the father is not the natural father
6of the child. Actions brought by the adjudicated father shall
7be brought by verified petition. If, as a result of the
8deoxyribonucleic acid (DNA) testing, the petitioner is
9determined not to be the natural father of the child, the
10adjudication of paternity and any orders regarding custody,
11parenting time, and future payments of support may be vacated.
12    (d) An action to declare the non-existence of the
13parent-child relationship brought under subsection (c) of this
14Section shall be barred if brought more than 2 years after the
15petitioner obtains actual knowledge of relevant facts. The
162-year period shall not apply to periods of time where the
17birth mother or the child refuses to submit to deoxyribonucleic
18acid (DNA) testing. The 2-year period for bringing an action to
19declare the non-existence of the parent-child relationship
20shall not extend beyond the date on which the child reaches the
21age of 18 years.
 
22    Section 206. Presumption; burden of proof. A presumption
23under Section 204 of this Act may be rebutted only by clear and
24convincing evidence.
 

 

 

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1
ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT

 
2    Section 301. Voluntary acknowledgment. A parent-child
3relationship may be established voluntarily by the signing and
4witnessing of a voluntary acknowledgment in accordance with
5Section 12 of the Vital Records Act and Section 10-17.7 of the
6Illinois Public Aid Code. The voluntary acknowledgment shall
7contain the social security numbers of the persons signing the
8voluntary acknowledgment; however, failure to include the
9social security numbers of the persons signing a voluntary
10acknowledgment does not invalidate the voluntary
11acknowledgment.
 
12    Section 302. Execution of voluntary acknowledgment.
13    (a) A voluntary acknowledgment described in Section 301 of
14this Act must:
15        (1) be in a record;
16        (2) be signed, or otherwise authenticated, under
17    penalty of perjury by the mother and by the man seeking to
18    establish his paternity;
19        (3) state that the child whose paternity is being
20    acknowledged:
21            (A) does not have a presumed father, or has a
22        presumed father whose full name is stated; and
23            (B) does not have another acknowledged or
24        adjudicated father;

 

 

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1        (4) be witnessed; and
2        (5) state that the signatories understand that the
3    acknowledgment is the equivalent of a judicial
4    adjudication of parentage of the child and that a challenge
5    to the acknowledgment is permitted only under limited
6    circumstances and is barred after 2 years.
7    (b) An acknowledgment is void if it:
8        (1) states that another man is a presumed father,
9    unless a denial signed or otherwise authenticated by the
10    presumed father is filed with the Department of Healthcare
11    and Family Services, as provided by law;
12        (2) states that another man is an acknowledged or
13    adjudicated father; or
14        (3) falsely denies the existence of a presumed,
15    acknowledged, or adjudicated father of the child.
16    (c) A presumed father may sign or otherwise authenticate an
17acknowledgment.
 
18    Section 303. Denial of paternity. A presumed father may
19sign a denial of his paternity. The denial is valid only if:
20    (a) a voluntary acknowledgment described in Section 301 of
21this Act signed, or otherwise authenticated, by another man is
22filed pursuant to Section 305 of this Act;
23    (b) the denial is in a record, and is signed, or otherwise
24authenticated, under penalty of perjury; and
25    (c) the presumed father has not previously:

 

 

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1        (1) acknowledged his paternity, unless the previous
2    acknowledgment has been rescinded under Section 307 of this
3    Act or successfully challenged under Section 308 of this
4    Act; or
5        (2) been adjudicated to be the father of the child.
 
6    Section 304. Rules for acknowledgment and denial of
7parentage.
8    (a) An acknowledgment as described in Section 301 of this
9Act and a denial may be contained in a single document or may
10be signed in counterparts, and may be filed separately or
11simultaneously. If the acknowledgment and denial are both
12necessary, neither is valid until both are filed.
13    (b) An acknowledgment or a denial may be signed before the
14birth of the child.
15    (c) Subject to subsection (a), an acknowledgment or denial
16takes effect on the birth of the child or the filing of the
17document with the Department of Healthcare and Family Services,
18as provided by law, whichever occurs later.
19    (d) An acknowledgment or denial signed by a minor is valid
20if it is otherwise in compliance with this Act.
 
21    Section 305. Effect of acknowledgment or denial of
22parentage.
23    (a) Except as otherwise provided in Sections 307 and 308 of
24this Act, a valid acknowledgment filed with the Department of

 

 

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1Healthcare and Family Services, as provided by law, is
2equivalent to an adjudication of the paternity of a child and
3confers upon the acknowledged father all of the rights and
4duties of a parent.
5    (b) Notwithstanding any other provision of this Act,
6paternity established in accordance with Section 301 of this
7Act has the full force and effect of a judgment entered under
8this Act and serves as a basis for seeking a child support
9order without any further proceedings to establish paternity.
10    (c) Except as otherwise provided in Sections 307 and 308 of
11this Act, a valid denial by a presumed father filed with the
12Department of Healthcare and Family Services, as provided by
13law, in conjunction with a voluntary acknowledgment, is
14equivalent to an adjudication of the nonpaternity of the
15presumed father and discharges the presumed father from all
16rights and duties of a parent.
 
17    Section 306. No filing fee. The Department of Healthcare
18and Family Services, as provided by law, may not charge a fee
19for filing a voluntary acknowledgment or denial.
 
20    Section 307. Proceeding for rescission. A signatory may
21rescind a voluntary acknowledgment or denial by filing a signed
22and witnessed rescission with the Department of Healthcare and
23Family Services as provided in Section 12 of the Vital Records
24Act, before the earlier of:

 

 

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1    (a) 60 days after the effective date of the acknowledgment
2or denial, as provided in Section 304 of this Act; or
3    (b) the date of a judicial or administrative proceeding
4relating to the child (including a proceeding to establish a
5support order) in which the signatory is a party.
 
6    Section 308. Challenge after expiration of period for
7rescission. After the period for rescission under Section 307
8of this Act has expired, a signatory of a voluntary
9acknowledgment or denial may commence a proceeding to challenge
10the acknowledgment or denial only as provided in Section 309 of
11this Act.
 
12    Section 309. Procedure for challenge.
13    (a) A voluntary acknowledgment and any related denial may
14be challenged only on the basis of fraud, duress, or material
15mistake of fact by filing a verified petition under this
16Section within 2 years after the effective date of the
17acknowledgment or denial, as provided in Section 304 of this
18Act. Time during which the person challenging the
19acknowledgment or denial is under legal disability or duress or
20the ground for relief is fraudulently concealed shall be
21excluded in computing the period of 2 years.
22    (b) The verified complaint, which shall be designated a
23petition, shall be filed in the county where a proceeding
24relating to the child was brought, such as a support proceeding

 

 

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1or, if none exists, in the county where the child resides.
2Every signatory to the voluntary acknowledgment and any related
3denial must be made a party to a proceeding to challenge the
4acknowledgment or denial. The party challenging the
5acknowledgment or denial shall have the burden of proof.
6    (c) For the purpose of a challenge to an acknowledgment or
7denial, a signatory submits to personal jurisdiction of this
8State by signing the acknowledgment and any related denial,
9effective upon the filing of the acknowledgment and any related
10denial with the Department of Healthcare and Family Services,
11as provided in Section 12 of the Vital Records Act.
12    (d) Except for good cause shown, during the pendency of a
13proceeding to challenge an acknowledgment or denial, the court
14may not suspend the legal responsibilities of a signatory
15arising from the acknowledgment, including the duty to pay
16child support.
17    (e) At the conclusion of a proceeding to challenge an
18acknowledgment or denial, the court shall order the Department
19of Public Health to amend the birth record of the child, if
20appropriate. A copy of an order entered at the conclusion of a
21proceeding to challenge shall be provided to the Department of
22Healthcare and Family Services.
 
23    Section 310. Ratification barred. A court or
24administrative agency conducting a judicial or administrative
25proceeding is not required or permitted to ratify an

 

 

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1unchallenged acknowledgment described in Section 301 of this
2Act.
 
3    Section 311. Full faith and credit. A court of this State
4shall give full faith and credit to a valid acknowledgment or
5denial of parentage effective in another state if the
6acknowledgment or denial has been signed and is otherwise in
7compliance with the law of the other state.
 
8    Section 312. Forms for acknowledgment and denial of
9parentage.
10    (a) To facilitate compliance with this Article, the
11Department of Healthcare and Family Services shall prescribe
12forms for the acknowledgment and the denial of parentage and
13for the rescission of acknowledgment or denial consistent with
14Section 307 of this Act.
15    (b) A voluntary acknowledgment or denial of parentage is
16not affected by a later modification of the prescribed form.
 
17    Section 313. Release of information. The Department of
18Healthcare and Family Services may release information
19relating to the acknowledgment described in Section 301 of this
20Act, or the related denial, to a signatory of the
21acknowledgment or denial; to the child's guardian, the
22emancipated child, or the legal representatives of those
23individuals; to appropriate federal agencies; and to courts and

 

 

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1appropriate agencies of this State or another state.
 
2    Section 314. Adoption of rules. The Department of Public
3Health and the Department of Healthcare and Family Services may
4adopt rules to implement this Article.
 
5
ARTICLE 4. GENETIC TESTING

 
6    Section 401. Proceeding authorized. As soon as
7practicable, the court or administrative hearing officer in an
8Expedited Child Support System may, and upon the request of a
9party shall, order or direct the mother, child, and alleged
10father to submit to deoxyribonucleic acid (DNA) testing to
11determine inherited characteristics. If any party refuses to
12submit to genetic testing, the court may resolve the question
13of paternity against that party or enforce its order if the
14rights of others and the interests of justice so require.
 
15    Section 402. Requirements for genetic testing.
16    (a) The genetic testing shall be conducted by an expert
17qualified as an examiner of blood or tissue types and appointed
18by the court. The expert shall determine the genetic testing
19procedures. However, any interested party, for good cause
20shown, in advance of the scheduled genetic testing, may request
21a hearing to object to the qualifications of the expert or the
22genetic testing procedures. The expert appointed by the court

 

 

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1shall testify at the pre-test hearing at the expense of the
2party requesting the hearing, except for an indigent party as
3provided in Section 405 of this Act. An expert not appointed by
4the court shall testify at the pre-test hearing at the expense
5of the party retaining the expert. Inquiry into an expert's
6qualifications at the pre-test hearing shall not affect either
7party's right to have the expert qualified at trial.
8    (b) Genetic testing must be of a type reasonably relied
9upon by experts in the field of genetic testing and performed
10in a testing laboratory accredited by the American Association
11of Blood Banks or a successor to its functions.
12    (c) A specimen used in genetic testing may consist of one
13or more samples, or a combination of samples, of blood, buccal
14cells, bone, hair, or other body tissue or fluid.
15    (d) The testing laboratory shall determine the databases
16from which to select frequencies for use in calculation of the
17probability of paternity based on the ethnic or racial group of
18an individual or individuals. If there is disagreement as to
19the testing laboratory's choice, the following rules apply:
20        (1) The individual objecting may require the testing
21    laboratory, within 30 days after receipt of the report of
22    the genetic testing, to recalculate the probability of
23    paternity using an ethnic or racial group different from
24    that used by the laboratory.
25        (2) The individual objecting to the testing
26    laboratory's initial choice shall:

 

 

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

 

 

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1genetic testing may be offered into evidence. The number and
2qualifications of the experts shall be determined by the court.
3    (b) Documentation of the chain of custody of the blood or
4tissue samples, accompanied by an affidavit or certification in
5accordance with Section 1-109 of the Code of Civil Procedure,
6is competent evidence to establish the chain of custody.
7    (c) The report of the genetic test results prepared by the
8appointed expert shall be made by affidavit or by certification
9as provided in Section 1-109 of the Code of Civil Procedure and
10shall be mailed to all parties. A proof of service shall be
11filed with the court. The verified report shall be admitted
12into evidence at trial without foundation testimony or other
13proof of authenticity or accuracy, unless a written motion
14challenging the admissibility of the report is filed by either
15party within 28 days of receipt of the report, in which case
16expert testimony shall be required. A party may not file such a
17motion challenging the admissibility of the report later than
1828 days before commencement of trial. Before trial, the court
19shall determine whether the motion is sufficient to deny
20admission of the report by verification. Failure to make that
21timely motion constitutes a waiver of the right to object to
22admission by verification and shall not be grounds for a
23continuance of the hearing to establish paternity.
 
24    Section 404. Effect of genetic testing. Genetic testing
25taken under this Article shall have the following effect:

 

 

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1    (a) If the court finds that the conclusion of the expert or
2experts, as disclosed by the evidence based upon the genetic
3testing, is that the alleged father is not the parent of the
4child, the question of paternity shall be resolved accordingly.
5    (b) If the experts disagree in their findings or
6conclusions, the question shall be weighed with other competent
7evidence of paternity.
8    (c) If the genetic testing results indicate that the
9alleged father is not excluded and that the combined paternity
10index is at least 1,000 to 1, and there is at least a 99.9%
11probability of paternity, the alleged father is presumed to be
12the father, and this evidence shall be admitted.
13    (d) A man identified under subsection (c) of this Section
14as the father of the child may rebut the genetic testing
15results by other genetic testing satisfying the requirements of
16this Article which:
17        (1) excludes the man as a genetic father of the child;
18    or
19        (2) identifies another man as the possible father of
20    the child.
21    (e) Except as otherwise provided in this Article, if more
22than one man is identified by genetic testing as the possible
23father of the child, the court shall order them to submit to
24further genetic testing to identify the genetic father.
 
25    Section 405. Cost of genetic testing. The expense of the

 

 

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1genetic testing shall be paid by the party who requests the
2genetic testing, except that the court may apportion the costs
3between the parties, upon request. When the genetic testing is
4requested by the party seeking to establish paternity and that
5party is found to be indigent by the court, the expense shall
6be paid by the public agency providing representation; except
7that where a public agency is not providing representation, the
8expense shall be paid by the county in which the action is
9brought. When the genetic testing is ordered by the court on
10its own motion or is requested by the alleged or presumed
11father and that father is found to be indigent by the court,
12the expense shall be paid by the county in which the action is
13brought. Any part of the expense may be taxed as costs in the
14action, except that no costs may be taxed against a public
15agency that has not requested the genetic testing.
 
16    Section 406. Compensation of expert. The compensation of
17each expert witness appointed by the court shall be paid as
18provided in Section 405 of this Act. Any part of the payment
19may be taxed as costs in the action, except that no costs may
20be taxed against a public agency that has not requested the
21services of the expert witness.
 
22    Section 407. Independent genetic testing. Nothing in this
23Article shall prevent a party from obtaining genetic testing of
24his or her own blood or tissue independent of those ordered by

 

 

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

 

 

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1
ARTICLE 5. TEMPORARY RELIEF

 
2    Section 501. Temporary orders.
3    (a) On a motion by a party and a showing of clear and
4convincing evidence of parentage, the court shall issue a
5temporary order for support of a child if the order is
6appropriate and the individual ordered to pay support is:
7        (1) a presumed parent of the child;
8        (2) petitioning to have parentage adjudicated;
9        (3) identified as the father through genetic testing
10    under Article 4 of this Act;
11        (4) an alleged father who has declined to submit to
12    genetic testing;
13        (5) shown by clear and convincing evidence to be the
14    child's father;
15        (6) the mother of the child; or
16        (7) anyone else determined to be the child's parent.
17    In determining the amount of a temporary child support
18award, the court shall use the guidelines and standards set
19forth in Sections 505 and 505.2 of the Illinois Marriage and
20Dissolution of Marriage Act.
21    (b) A temporary order may include provisions for custody
22and parenting time as provided by the Illinois Marriage and
23Dissolution of Marriage Act.
24    (c) Temporary orders issued under this Section shall not

 

 

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

 

 

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

 

 

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

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

 

 

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

 

 

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1Uniform Interstate Family Support Act are fulfilled.
2    (d) Lack of jurisdiction over one individual does not
3preclude the court from making an adjudication of parentage
4binding on another individual over whom the court has personal
5jurisdiction.
 
6    Section 604. Venue.
7    (a) Venue for a proceeding to adjudicate parentage is any
8county of this State in which a party resides, or if the
9presumed or alleged father is deceased, in which a proceeding
10for probate or administration of the presumed or alleged
11father's estate has been commenced, or could be commenced.
12    (b) A child custody proceeding is commenced in the county
13where the child resides.
 
14    Section 605. Notice to presumed parent.
15    (a) In any action brought under Article 3 or Article 6 of
16this Act where the individual signing the petition for an order
17establishing the existence of the parent-child relationship by
18consent or the individual alleged to be the parent in a
19petition is different from an individual who is presumed to be
20parent of the child under Article 2 of this Act, a notice shall
21be served on the presumed parent in the same manner as
22summonses are served in other civil proceedings or, in lieu of
23personal service, service may be made as follows:
24        (1) The person requesting notice shall pay to the clerk

 

 

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1    of the circuit court a mailing fee of $1.50 and furnish to
2    the clerk of the circuit court an original and one copy of
3    a notice together with an affidavit setting forth the
4    presumed parent's last known address. The original notice
5    shall be retained by the clerk of the circuit court.
6        (2) The clerk of the circuit court shall promptly mail
7    to the presumed parent, at the address appearing in the
8    affidavit, the copy of the notice by certified mail, return
9    receipt requested. The envelope and return receipt shall
10    bear the return address of the clerk of the circuit court.
11    The receipt for certified mail shall state the name and
12    address of the addressee and the date of mailing and shall
13    be attached to the original notice.
14        (3) The return receipt, when returned to the clerk of
15    the circuit court, shall be attached to the original notice
16    and shall constitute proof of service.
17        (4) The clerk of the circuit court shall note the fact
18    of service in a permanent record.
19    (b) The notice shall read as follows:
20    "IN THE MATTER OF NOTICE TO .......... PRESUMED PARENT.
21    You have been identified as the presumed parent of
22......... , born on ......... The birth parent of the child is
23.........
24    An action is being brought to establish the parent-child
25relationship between the named child and a parent named by the
26person filing this action, .........

 

 

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1    As the presumed parent, you have certain legal rights with
2respect to the named child, including the right to notice of
3the filing of proceedings instituted for the establishment of
4parentage of the named child and, if named as a parent in a
5petition to establish parentage, the right to submit to, along
6with the birth parent and child, deoxyribonucleic acid (DNA)
7tests to determine inherited characteristics, subject to
8Section 610 of the Illinois Parentage Act of 2013. If you wish
9to assert your rights with respect to the child named in this
10notice, you must file with the Clerk of this Circuit Court of
11......... County, Illinois, whose address is ........ , within
1230 days after the date of receipt of this notice, a declaration
13of parentage stating that you are, in fact, the parent of the
14named child and that you intend to assert your legal rights
15with respect to the child, or that you request to be notified
16of any further proceedings with respect to the parentage of the
17child.
18    If you do not file a declaration of parentage or a request
19for notice, then whatever legal rights you have with respect to
20the named child, including the right to notice of any future
21proceedings for the establishment of parentage of the child,
22may be terminated without any further notice to you. When your
23legal rights with respect to the named child are terminated,
24you will not be entitled to notice of any future proceedings.".
25    (c) The notice to a presumed parent under this Section in
26any action brought by a public agency shall be prepared and

 

 

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1mailed by the public agency, and the mailing fee to the clerk
2of the circuit court shall be waived.
 
3    Section 606. Summons. The summons that is served on a
4respondent shall include the return date on or by which the
5respondent must appear and shall contain the following
6information, in a prominent place and in conspicuous language,
7in addition to the information required to be provided under
8the laws of this State: "If you do not appear as instructed in
9this summons, you may be required to support the child named in
10this petition until the child is at least 18 years old. You may
11also have to pay the pregnancy and delivery costs of the
12mother.".
 
13    Section 607. No limitation; child having no presumed,
14acknowledged, or adjudicated parent. A proceeding to
15adjudicate the parentage of a child having no presumed,
16acknowledged, or adjudicated parent may be commenced at any
17time, even after:
18    (a) the child becomes an adult, but only if the child
19initiates the proceeding; or
20    (b) an earlier proceeding to adjudicate parentage has been
21dismissed based on the application of a statute of limitations
22then in effect.
 
23    Section 608. Limitation; child having presumed parent.

 

 

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1    (a) Except as otherwise provided in subsection (b), a
2proceeding brought by a presumed parent, the mother, or another
3individual to adjudicate the parentage of a child having a
4presumed parent, must be commenced not later than 2 years after
5the birth of the child.
6    (b) A proceeding seeking to declare the non-existence of
7the parent-child relationship between a child and the child's
8presumed parent may be maintained at any time if the court
9determines that the presumed father and the mother of the child
10neither cohabited nor engaged in sexual intercourse with each
11other during the probable time of conception.
 
12    Section 609. Limitation; child having acknowledged or
13adjudicated parent.
14    (a) If a child has an acknowledged parent, a signatory to
15the acknowledgment described in Section 301 of this Act or
16related denial may commence a proceeding seeking to challenge
17the acknowledgment or denial or challenge the paternity of the
18child only within the time allowed under Section 309 of this
19Act.
20    (b) If a child has an acknowledged parent or an adjudicated
21parent, an individual, other than the child, who is neither a
22signatory to the acknowledgment nor a party to the adjudication
23and who seeks an adjudication of parentage of the child must
24commence a proceeding not later than 2 years after the
25effective date of the acknowledgment or adjudication.

 

 

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1    (c) A proceeding under this Section is subject to the
2application of the principles of estoppel established in
3Section 610 of this Act.
 
4    Section 610. Authority to deny motion for genetic testing.
5    (a) In a proceeding to adjudicate the parentage of a child
6having a presumed father, the court may deny a motion seeking
7an order for genetic testing of the mother, the child, and the
8presumed father if the court determines that:
9        (1) the conduct of the mother or the presumed father
10    estops that party from denying parentage; and
11        (2) it would be inequitable to disprove the
12    father-child relationship between the child and the
13    presumed father.
14    (b) In determining whether to deny a motion seeking an
15order for genetic testing, the court shall consider the best
16interest of the child, including the following factors:
17        (1) the length of time between the proceeding to
18    adjudicate parentage and the time that the presumed father
19    was placed on notice that he might not be the biological
20    father;
21        (2) the length of time during which the presumed father
22    has assumed the role of father of the child;
23        (3) the facts surrounding the presumed father's
24    discovery of his possible nonpaternity;
25        (4) the nature of the relationship between the child

 

 

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1    and the presumed father;
2        (5) the age of the child;
3        (6) the harm that may result to the child if the
4    presumed paternity is successfully disproved;
5        (7) the nature of the relationship between the child
6    and any alleged father;
7        (8) the extent to which the passage of time reduces the
8    chances of establishing the paternity of another man and a
9    child-support obligation in favor of the child;
10        (9) other factors that may affect the equities arising
11    from the disruption of the father-child relationship
12    between the child and the presumed father or the chance of
13    other harm to the child; and
14        (10) any other factor the court determines to be
15    equitable.
16    (c) In a proceeding involving the application of this
17Section, a minor or incapacitated child must be represented by
18a guardian ad litem.
19    (d) If the court denies a motion seeking an order for
20genetic testing, it shall issue an order adjudicating the
21presumed father to be the father of the child.
 
22    Section 611. Joinder of proceedings.
23    (a) Except as otherwise provided in subsection (b), a
24proceeding to adjudicate parentage may be joined with a
25proceeding for adoption, termination of parental rights, child

 

 

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1custody or parenting time, child support, dissolution of
2marriage or civil union, declaration of invalidity of marriage
3or civil union, legal separation, probate or administration of
4an estate, or other appropriate proceeding.
5    (b) A respondent may not join a proceeding described in
6subsection (a) with a proceeding to adjudicate parentage
7brought under the Uniform Interstate Family Support Act.
 
8    Section 612. Proceeding before birth. A proceeding to
9establish parentage may be commenced before the birth of the
10child, but may not be concluded until after the birth of the
11child. The following actions may be taken before the birth of
12the child:
13    (a) service of process;
14    (b) the taking of depositions to perpetuate testimony; and
15    (c) except as prohibited by Article 4 of this Act,
16collection of specimens for genetic testing.
 
17    Section 613. Child as party; representation.
18    (a) A minor child is a permissible party, but is not a
19necessary party to a proceeding under this Article.
20    (b) The court shall appoint a guardian ad litem to
21represent a minor or incapacitated child if the child is a
22party or the court finds that the interests of the child are
23not adequately represented.
 

 

 

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1    Section 614. Admissibility of results of genetic testing;
2expenses.
3    (a) If a child has a presumed, acknowledged, or adjudicated
4parent, the results of genetic testing are inadmissible to
5adjudicate parentage unless performed:
6        (1) with the consent of both the mother and the
7    presumed, acknowledged, or adjudicated parent; or
8        (2) pursuant to an order of the court under Section 402
9    of this Act.
10    (b) Copies of bills for genetic testing and for prenatal
11and postnatal health care for the mother and child which are
12furnished to the adverse party not less than 10 days before the
13date of a hearing are admissible to establish:
14        (1) the amount of the charges billed; and
15        (2) that the charges were reasonable, necessary, and
16    customary.
17    (c) Certified copies of the bills for costs incurred for
18pregnancy and childbirth shall be admitted into evidence at
19judicial or administrative proceedings without foundation
20testimony or other proof of authenticity or accuracy.
 
21    Section 615. Consequences of declining genetic testing.
22    (a) An order for genetic testing is enforceable through a
23proceeding for adjudication of contempt.
24    (b) If an individual whose paternity is being determined
25declines to submit to genetic testing ordered by the court or

 

 

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1administrative agency, the court or administrative agency may
2adjudicate parentage contrary to the position of that
3individual.
4    (c) Genetic testing of the mother of a child is not a
5condition precedent to genetically testing the child and a man
6whose paternity is being determined. If the mother is
7unavailable or declines to submit to genetic testing, the court
8or administrative agency may order the genetic testing of the
9child and every man whose paternity is being adjudicated.
 
10    Section 616. Admission of paternity authorized.
11    (a) A respondent in a proceeding to adjudicate parentage
12may admit to the paternity of a child by filing a pleading to
13that effect or by admitting paternity under penalty of perjury
14when making an appearance or during a hearing.
15    (b) If the court finds that the admission of paternity
16satisfies the requirements of this Section and finds that there
17is no reason to question the admission, the court shall enter
18an order adjudicating the child to be the child of the man
19admitting paternity.
 
20    Section 617. Rules for adjudication of paternity. The court
21shall apply the following rules to adjudicate the paternity of
22a child:
23    (a) The paternity of a child having an adjudicated father
24may be disproved only by admissible results of genetic testing,

 

 

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1or other means, excluding that man as the father of the child
2or identifying another man as the father of the child.
3    (b) Unless the results of the genetic testing or other
4evidence are admitted to rebut other results of genetic
5testing, a man identified as the father of a child under
6Section 404 of this Act must be adjudicated the father of the
7child.
8    (c) If the court finds that genetic testing under Section
9404 neither identifies nor excludes a man as the father of a
10child, the court may not dismiss the proceeding. In that event,
11the results of genetic testing and other evidence are
12admissible to adjudicate the issue of paternity.
13    (d) Unless the results of genetic testing are admitted to
14rebut other results of genetic testing, a man excluded as the
15father of a child by genetic testing must be adjudicated not to
16be the father of the child.
 
17    Section 618. Pre-trial proceedings. As soon as practicable
18after an action to declare the existence or non-existence of
19the father-child relationship has been brought, and the parties
20are at issue, the court may conduct a pre-trial conference.
 
21    Section 619. Jury prohibited. Trial by jury is not
22available under this Act.
 
23    Section 620. Order on default. The court may issue an order

 

 

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1adjudicating the parentage of a person who is in default after
2service of process.
 
3    Section 621. Binding effect of determination of parentage.
4    (a) Except as otherwise provided in subsection (b) of this
5Section, a determination of parentage is binding on:
6        (1) all signatories to an acknowledgment or denial as
7    provided in Article 3 of this Act; and
8        (2) all parties to an adjudication by a court acting
9    under circumstances that satisfy the jurisdictional
10    requirements of Section 201 of the Uniform Interstate
11    Family Support Act.
12    (b) A child is not bound by a determination of parentage
13under this Act unless:
14        (1) the determination was based on an unrescinded
15    acknowledgment as provided in Article 3 of this Act and the
16    acknowledgment is consistent with the results of genetic
17    testing;
18        (2) the adjudication of parentage was based on a
19    finding consistent with the results of genetic testing and
20    the consistency is declared in the determination or is
21    otherwise shown; or
22        (3) the child was a party or was represented in the
23    proceeding determining parentage by a guardian ad litem.
24    (c) In a proceeding for dissolution of marriage or civil
25union, declaration of invalidity of marriage or civil union, or

 

 

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1legal separation, the court is deemed to have made an
2adjudication of the parentage of a child if the court acts
3under circumstances that satisfy the jurisdictional
4requirements of Section 201 of the Uniform Interstate Family
5Support Act, and the final order:
6        (1) expressly identifies a child as a "child of the
7    marriage or civil union", "issue of the marriage or civil
8    union", or similar words indicating that the husband is the
9    father of the child or the party to the civil union is the
10    parent of the child; or
11        (2) provides for support of the child by the husband or
12    party to the civil union, unless parentage is specifically
13    disclaimed in the order.
14    (d) Except as otherwise provided in subsection (b) of this
15Section, a determination of parentage may be a defense in a
16subsequent proceeding seeking to adjudicate parentage by an
17individual who was not a party to the earlier proceeding.
18    (e) A party to an adjudication of parentage may challenge
19the adjudication only under the laws of this State relating to
20appeal, vacation of judgments, or other judicial review.
 
21
ARTICLE 7. CHILD OF ASSISTED REPRODUCTION

 
22    Section 701. Scope of Article. This Article does not apply
23to the birth of a child conceived by means of sexual
24intercourse or as a result of a valid gestational surrogacy

 

 

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1contract.
 
2    Section 702. Parental status of donor. Except as provided
3in this Act, a donor is not a parent of a child conceived by
4means of assisted reproduction. The donor of sperm provided for
5use in artificial insemination of a woman other than the
6donor's spouse or other party to a state-recognized civil union
7or domestic partnership shall be treated in law as if he were
8not a parent of a child conceived by artificial insemination. A
9woman who contributes an egg or eggs for the purpose of
10in-vitro fertilization or implantation in a woman other than
11herself or the other party to her state-recognized marriage,
12civil union, or domestic partnership shall be treated in law as
13if she were not a parent of a child conceived by assisted
14reproduction.
 
15    Section 703. Parentage of a child of assisted reproduction.
16A man who provides sperm for, or consents to, assisted
17reproduction (including artificial insemination) by a woman as
18provided in Section 704 with the intent to be the parent of her
19child, is a parent of the resulting child. A woman who provides
20an egg or eggs for, or consents to, assisted reproduction
21(including in-vitro fertilization and implantation) by a woman
22as provided in Section 704 with the intent to be the parent of
23her child, is a parent of the resulting child.
 

 

 

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1    Section 704. Consent to assisted reproduction.
2    (a) Consent by a husband or party to a state-recognized
3marriage, civil union, or domestic partnership who intends to
4be a parent of a child born to a female party to a
5state-recognized marriage, civil union, or domestic
6partnership by assisted reproduction must be in a record signed
7by both parties to the state-recognized marriage, civil union,
8or domestic partnership. This requirement does not apply to a
9donor, unless the donor intends to be the parent.
10    (b) Failure to sign a consent required by subsection (a) of
11this Section, before or after the birth of the child, does not
12preclude a presumption under Section 204 of this Act.
 
13    Section 705. Limitation of dispute of parentage.
14    (a) Any child born as the result of artificial insemination
15shall be considered at law in all respects the same as a
16naturally conceived child of the couple so requesting and
17consenting to the use of artificial insemination.
18    (b) If, under the supervision of a licensed physician and
19with the consent of the other spouse or other party to the
20civil union, a wife or party to the civil union is inseminated
21artificially with sperm donated by a donor, the other spouse or
22other party to the civil union shall be treated in law as if he
23or she is the natural parent of the child thereby conceived.
24The other spouse's or other party to the civil union's consent
25must be in writing executed and acknowledged by both spouses or

 

 

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1both parties to the civil union. The physician who is to
2perform the technique shall certify their signatures and the
3date of the insemination, and file the other spouse's or other
4party to the civil union's consent in the medical record where
5it shall be kept confidential and held by the patient's
6physician. However, the physician's failure to certify and file
7the consent shall not affect the legal relationship between the
8other spouse or other party to the civil union and the child.
9All records pertaining to the insemination, whether part of the
10permanent medical record held by the physician or not, are
11subject to inspection only upon an order of the court or for
12good cause shown.
13    (c) Except as otherwise provided in subsection (b) of this
14Section, a spouse or party to a civil union whose wife or other
15party to the civil union gives birth to a child by means of
16assisted reproduction may not challenge parentage of the child
17unless:
18        (1) within 2 years after learning of the birth of the
19    child, the spouse or party to the civil union commences a
20    proceeding to adjudicate parentage; and
21        (2) the court finds that the spouse or party to the
22    civil union did not consent to the assisted reproduction,
23    before or after birth of the child.
24    (d) A proceeding to adjudicate parentage may be maintained
25at any time if the court determines that:
26        (1) the spouse or party to the civil union did not

 

 

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1    provide sperm for, or before or after birth of the child
2    did not consent to, assisted reproduction by the wife or
3    other party to the civil union;
4        (2) the spouses or parties to the civil union have not
5    cohabitated since the probable time of assisted
6    reproduction; or
7        (3) the spouse or other party to the civil union never
8    openly held out the child as his or her own.
9    (e) The limitation provided in this Section applies to a
10marriage or civil union declared invalid after assisted
11reproduction.
 
12    Section 706. Effect of dissolution of marriage or civil
13union or withdrawal of consent.
14    (a) If a state-recognized marriage, civil union, or
15domestic partnership is dissolved or declared invalid, or a
16judgment for legal separation is entered, before implantation
17of existing eggs, sperm, embryo, or embryos, the former spouse
18or party is not a parent of the resulting child unless the
19former spouse or party consented and the judgment provides that
20if assisted reproduction were to occur after entry of such
21judgment, the former spouse or party would be a parent of the
22child.
23    (b) Consent to assisted reproduction may be withdrawn by an
24individual in a record upon giving proper notice to the other
25party and the clinic or physician who was to perform the

 

 

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1technique, by certified mail return receipt requested, at any
2time before implantation of the eggs, sperm, embryo, or
3embryos. An individual who withdraws consent under this Section
4is not a parent of the resulting child.
 
5    Section 707. Parental status of deceased individual. If an
6individual does not consent in a record to be a parent by
7assisted reproduction after death and dies before the
8implantation of eggs, sperm, embryo, or embryos, the deceased
9individual is not a parent of the resulting child.
 
10
ARTICLE 8. SUPPORT AND JUDGMENT

 
11    Section 801. Child support orders.
12    (a) Notwithstanding any other law to the contrary, pending
13the outcome of a judicial determination of parentage, the court
14shall issue an order for child support upon motion by a party
15and a showing of clear and convincing evidence of parentage. In
16determining the amount of the child support award, the court
17shall use the guidelines and standards set forth in Sections
18505 and 505.2 of the Illinois Marriage and Dissolution of
19Marriage Act.
20    (b) Any new or existing support order entered by the court
21under this Section shall be deemed to be a series of judgments
22against the person obligated to pay support thereunder, each
23judgment to be in the amount of each payment or installment of

 

 

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1support and each judgment to be deemed entered as of the date
2the corresponding payment or installment becomes due under the
3terms of the support order. Each judgment shall have the full
4force, effect, and attributes of any other judgment of this
5State, including the ability to be enforced. A judgment under
6this Section is subject to modification or termination only in
7accordance with Section 510 of the Illinois Marriage and
8Dissolution of Marriage Act. Notwithstanding any other state or
9local law to the contrary, a lien arises by operation of law
10against the real and personal property of the noncustodial
11parent for each installment of overdue support owed by the
12noncustodial parent.
13    (c) An order for support, when entered or modified, shall
14include a provision requiring the non-custodial parent to
15notify the court and, in cases in which a party is receiving
16child support enforcement services under Article X of the
17Illinois Public Aid Code, the Department of Healthcare and
18Family Services, within 7 days: (i) of the name and address of
19any new employer of the non-custodial parent; (ii) whether the
20non-custodial parent has access to health insurance coverage
21through the employer or other group coverage and, if so, of the
22policy name and number and the names of persons covered under
23the policy; and (iii) of any new residential or mailing address
24or telephone number of the non-custodial parent. In any
25subsequent action to enforce a support order, upon a sufficient
26showing that a diligent effort has been made to ascertain the

 

 

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1location of the non-custodial parent, service of process or
2provision of notice necessary in the case may be made at the
3last known address of the non-custodial parent in any manner
4expressly provided by this Act or the Code of Civil Procedure,
5and shall be sufficient for purposes of due process.
6    (d) An order for support shall include a date on which the
7current support obligation terminates. The termination date
8shall be no earlier than the date on which the child covered by
9the order will attain the age of 18. However, if the child will
10not graduate from high school until after attaining the age of
1118, then the termination date shall be no earlier than the
12earlier of the date on which the child's high school graduation
13will occur or the date on which the child will attain the age
14of 19. The order for support shall state that the termination
15date does not apply to any arrearage that may remain unpaid on
16that date. Nothing in this subsection shall be construed to
17prevent the court from modifying the order or terminating the
18order in the event the child is otherwise emancipated.
19    (e) If there is an unpaid arrearage or delinquency (as
20those terms are defined in the Income Withholding for Support
21Act) equal to at least one month's support obligation on the
22termination date stated in the order for support or, if there
23is no termination date stated in the order, on the date the
24child attains the age of majority or is otherwise emancipated,
25the periodic amount required to be paid for current support of
26that child immediately prior to that date shall automatically

 

 

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1continue to be an obligation, not as current support but as
2periodic payment toward satisfaction of the unpaid arrearage or
3delinquency. The periodic payment shall be in addition to any
4periodic payment previously required for satisfaction of the
5arrearage or delinquency. The total periodic amount to be paid
6toward satisfaction of the arrearage or delinquency may be
7enforced and collected by any method provided by law for the
8enforcement and collection of child support including, but not
9limited to, income withholding under the Income Withholding for
10Support Act. Each order for support entered or modified must
11contain a statement notifying the parties of the requirements
12of this subsection. Failure to include the statement in the
13order for support does not affect the validity of the order or
14the operation of the provisions of this subsection with regard
15to the order. This subsection shall not be construed to prevent
16or affect the establishment or modification of an order for the
17support of a minor child or the establishment or modification
18of an order for the support of a non-minor child or educational
19expenses under Section 513 of the Illinois Marriage and
20Dissolution of Marriage Act.
21    (f) An order entered under this Section shall include a
22provision requiring the obligor to report to the obligee and to
23the clerk of the circuit court within 7 days each time the
24obligor obtains new employment, and each time the obligor's
25employment is terminated for any reason. The report shall be in
26writing and shall, in the case of new employment, include the

 

 

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1name and address of the new employer. Failure to report new
2employment or the termination of current employment, if coupled
3with nonpayment of support for a period in excess of 60 days,
4is indirect criminal contempt. For an obligor arrested for
5failure to report new employment, bond shall be set in the
6amount of the child support that should have been paid during
7the period of unreported employment. An order entered under
8this Section shall also include a provision requiring the
9obligor and obligee parents to advise each other of a change in
10residence within 5 days of the change except when the court
11finds that the physical, mental, or emotional health of a party
12or that of a minor child, or both, would be seriously
13endangered by disclosure of the party's address.
 
14    Section 802. Judgment.
15    (a) The court shall issue an order adjudicating whether a
16person alleged or claiming to be the parent is the parent of
17the child. An order adjudicating parentage must identify the
18child by name and date of birth.
19    The court may assess filing fees, reasonable attorney's
20fees, fees for genetic testing, other costs, necessary travel
21expenses, and other reasonable expenses incurred in a
22proceeding under this Act. The court may award attorney's fees,
23which may be paid directly to the attorney, who may enforce the
24order in the attorney's own name. The court may not assess
25fees, costs, or expenses against the support-enforcement

 

 

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1agency of this State or another state, except as provided by
2other law.
3    The judgment shall contain or explicitly reserve
4provisions concerning any duty and amount of child support and
5may contain provisions concerning the custody and guardianship
6of the child, parenting time privileges with the child, and the
7furnishing of bond or other security for the payment of the
8judgment, which the court shall determine in accordance with
9the relevant factors set forth in the Illinois Marriage and
10Dissolution of Marriage Act and any other applicable law of
11this State, to guide the court in a finding in the best
12interests of the child. In determining custody, joint custody,
13removal, parenting time, parenting time interference, support
14for a non-minor disabled child, educational expenses for a
15non-minor child, and related post-judgment issues, the court
16shall apply the relevant standards of the Illinois Marriage and
17Dissolution of Marriage Act. Specifically, in determining the
18amount of a child support award, the court shall use the
19guidelines and standards set forth in subsection (a) of Section
20505 and in Section 505.2 of the Illinois Marriage and
21Dissolution of Marriage Act. The court shall order all child
22support payments, determined in accordance with such
23guidelines, to commence with the date summons is served. The
24level of current periodic support payments shall not be reduced
25because of payments set for the period prior to the date of
26entry of the support order.

 

 

09800HB1243ham001- 56 -LRB098 03015 HEP 40651 a

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

 

 

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1    specified in the Illinois Marriage and Dissolution of
2    Marriage Act.
3        (2) The father's prior knowledge of the fact and
4    circumstances of the child's birth.
5        (3) The father's prior willingness or refusal to help
6    raise or support the child.
7        (4) The extent to which the mother or the public agency
8    bringing the action previously informed the father of the
9    child's needs or attempted to seek or require his help in
10    raising or supporting the child.
11        (5) The reasons the mother or the public agency did not
12    file the action earlier.
13        (6) The extent to which the father would be prejudiced
14    by the delay in bringing the action.
15    For purposes of determining the amount of child support to
16be paid for the period before the date the order for current
17child support is entered, there is a rebuttable presumption
18that the father's net income for the prior period was the same
19as his net income at the time the order for current child
20support is entered.
21    If (i) the non-custodial parent was properly served with a
22request for discovery of financial information relating to the
23non-custodial parent's ability to provide child support; (ii)
24the non-custodial parent failed to comply with the request,
25despite having been ordered to do so by the court; and (iii)
26the non-custodial parent is not present at the hearing to

 

 

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1determine support despite having received proper notice, then
2any relevant financial information concerning the
3non-custodial parent's ability to provide child support that
4was obtained pursuant to subpoena and proper notice shall be
5admitted into evidence without the need to establish any
6further foundation for its admission.
7    (f) A new or existing support order entered by the court
8under this Section shall be deemed to be a series of judgments
9against the person obligated to pay support thereunder, each
10judgment to be in the amount of each payment or installment of
11support and each judgment to be deemed entered as of the date
12the corresponding payment or installment becomes due under the
13terms of the support order. Each judgment shall have the full
14force, effect, and attributes of any other judgment of this
15State, including the ability to be enforced. A judgment under
16this Section is subject to modification or termination only in
17accordance with Section 510 of the Illinois Marriage and
18Dissolution of Marriage Act. Notwithstanding any State or local
19law to the contrary, a lien arises by operation of law against
20the real and personal property of the noncustodial parent for
21each installment of overdue support owed by the noncustodial
22parent.
23    (g) If the judgment or order of the court is at variance
24with the child's birth certificate, the court shall order that
25a new birth certificate be issued under the Vital Records Act.
26    (h) On the request of both parents, the court shall order a

 

 

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1change in the child's name.
2    (i) After hearing evidence, the court may stay payment of
3support during the period of the father's minority or period of
4disability.
5    (j) If, upon a showing of proper service, the father fails
6to appear in court or otherwise appear as provided by law, the
7court may proceed to hear the cause upon testimony of the
8mother or other parties taken in open court and shall enter a
9judgment by default. The court may reserve any order as to the
10amount of child support until the father has received notice,
11by regular mail, of a hearing on the matter.
12    (k) An order for support, when entered or modified, shall
13include a provision requiring the non-custodial parent to
14notify the court and, in cases in which a party is receiving
15child support enforcement services under Article X of the
16Illinois Public Aid Code, the Department of Healthcare and
17Family Services, within 7 days: (i) of the name and address of
18any new employer of the non-custodial parent; (ii) whether the
19non-custodial parent has access to health insurance coverage
20through the employer or other group coverage and, if so, of the
21policy name and number and the names of persons covered under
22the policy; and (iii) of any new residential or mailing address
23or telephone number of the non-custodial parent. In a
24subsequent action to enforce a support order, upon a sufficient
25showing that a diligent effort has been made to ascertain the
26location of the non-custodial parent, service of process or

 

 

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1provision of notice necessary in the case may be made at the
2last known address of the non-custodial parent in any manner
3expressly provided by this Act or the Code of Civil Procedure,
4and shall be sufficient for purposes of due process.
5    (l) An order for support shall include a date on which the
6current support obligation terminates. The termination date
7shall be no earlier than the date on which the child covered by
8the order will attain the age of 18. However, if the child will
9not graduate from high school until after attaining the age of
1018, then the termination date shall be no earlier than the
11earlier of the date on which the child's high school graduation
12will occur or the date on which the child will attain the age
13of 19. The order for support shall state that the termination
14date does not apply to any arrearage that may remain unpaid on
15that date. Nothing in this subsection shall be construed to
16prevent the court from modifying the order or terminating the
17order in the event the child is otherwise emancipated.
18    (m) If there is an unpaid arrearage or delinquency (as
19those terms are defined in the Income Withholding for Support
20Act) equal to at least one month's support obligation on the
21termination date stated in the order for support or, if there
22is no termination date stated in the order, on the date the
23child attains the age of majority or is otherwise emancipated,
24the periodic amount required to be paid for current support of
25that child immediately prior to that date shall automatically
26continue to be an obligation, not as current support but as

 

 

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1periodic payment toward satisfaction of the unpaid arrearage or
2delinquency. The periodic payment shall be in addition to any
3periodic payment previously required for satisfaction of the
4arrearage or delinquency. The total periodic amount to be paid
5toward satisfaction of the arrearage or delinquency may be
6enforced and collected by any method provided by law for
7enforcement and collection of child support, including but not
8limited to income withholding under the Income Withholding for
9Support Act. Each order for support entered or modified must
10contain a statement notifying the parties of the requirements
11of this subsection. Failure to include the statement in the
12order for support does not affect the validity of the order or
13the operation of the provisions of this subsection with regard
14to the order. This subsection shall not be construed to prevent
15or affect the establishment or modification of an order for
16support of a minor child or the establishment or modification
17of an order for support of a non-minor child or educational
18expenses under Section 513 of the Illinois Marriage and
19Dissolution of Marriage Act.
20    (n) An order entered under this Section shall include a
21provision requiring the obligor to report to the obligee and to
22the clerk of court within 7 days each time the obligor obtains
23new employment, and each time the obligor's employment is
24terminated for any reason. The report shall be in writing and
25shall, in the case of new employment, include the name and
26address of the new employer. Failure to report new employment

 

 

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1or the termination of current employment, if coupled with
2nonpayment of support for a period in excess of 60 days, is
3indirect criminal contempt. For an obligor arrested for failure
4to report new employment bond shall be set in the amount of the
5child support that should have been paid during the period of
6unreported employment. An order entered under this Section
7shall also include a provision requiring the obligor and
8obligee parents to advise each other of a change in residence
9within 5 days of the change except when the court finds that
10the physical, mental, or emotional health of a party or that of
11a minor child, or both, would be seriously endangered by
12disclosure of the party's address.
 
13    Section 803. Information to State Case Registry.
14    (a) In this Section:
15    "Order for support", "obligor", "obligee", and "business
16day" are defined as set forth in the Income Withholding for
17Support Act.
18    "State Case Registry" means the State Case Registry
19established under Section 10-27 of the Illinois Public Aid
20Code.
21    (b) Each order for support entered or modified by the
22circuit court under this Act shall require that the obligor and
23obligee file with the clerk of the circuit court (i) the
24information required by this Section (and any other information
25required under Title IV, Part D of the Social Security Act or

 

 

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1by the federal Department of Health and Human Services) at the
2time of entry or modification of the order for support; and
3(ii) updated information within 5 business days of any change.
4Failure of the obligor or obligee to file or update the
5required information shall be punishable as in cases of
6contempt. The failure shall not prevent the court from entering
7or modifying the order for support, however.
8    (c) The obligor shall file the following information: the
9obligor's name, date of birth, social security number, and
10mailing address. If either the obligor or the obligee receives
11child support enforcement services from the Department of
12Healthcare and Family Services under Article X of the Illinois
13Public Aid Code, the obligor shall also file the following
14information: the obligor's telephone number, driver's license
15number, residential address (if different from the obligor's
16mailing address), and the name, address, and telephone number
17of the obligor's employer or employers.
18    (d) The obligee shall file the following information:
19        (1) The names of the obligee and the child or children
20    covered by the order for support.
21        (2) The dates of birth of the obligee and the child or
22    children covered by the order for support.
23        (3) The social security numbers of the obligee and the
24    child or children covered by the order for support.
25        (4) The obligee's mailing address.
26    (e) In cases in which the obligee receives child support

 

 

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1enforcement services from the Department of Healthcare and
2Family Services under Article X of the Illinois Public Aid
3Code, the order for support shall (i) require that the obligee
4file the information required under subsection (d) with the
5Department of Healthcare and Family Services for inclusion in
6the State Case Registry, rather than file the information with
7the clerk, and (ii) require that the obligee include the
8following additional information:
9        (1) The obligee's telephone and driver's license
10    numbers.
11        (2) The obligee's residential address, if different
12    from the obligee's mailing address.
13        (3) The name, address, and telephone number of the
14    obligee's employer or employers.
15    The order for support shall also require that the obligee
16update the information filed with the Department of Healthcare
17and Family Services within 5 business days of any change.
18    (f) The clerk of the circuit court shall provide the
19information filed under this Section, together with the court
20docket number and county in which the order for support was
21entered, to the State Case Registry within 5 business days
22after receipt of the information.
23    (g) In a case in which a party is receiving child support
24enforcement services under Article X of the Illinois Public Aid
25Code, the clerk of the circuit court shall provide the
26following additional information to the State Case Registry

 

 

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1within 5 business days after entry or modification of an order
2for support or request from the Department of Healthcare and
3Family Services:
4        (1) the amount of monthly or other periodic support
5    owed under the order for support and other amounts,
6    including arrearage, interest, or late payment penalties
7    and fees, due or overdue under the order; and
8        (2) any amounts that have been received by the clerk,
9    and the distribution of those amounts by the clerk.
10    (h) Information filed by the obligor and obligee under this
11Section that is not specifically required to be included in the
12body of an order for support under other laws is not a public
13record and shall be treated as confidential and subject to
14disclosure only in accordance with the provisions of this
15Section, Section 10-27 of the Illinois Public Aid Code, and
16Title IV, Part D of the Social Security Act.
 
17    Section 804. Information to locate putative fathers and
18noncustodial parents.
19    (a) Upon request by a public office, employers, labor
20unions, and telephone companies shall provide location
21information concerning putative fathers and noncustodial
22parents for the purpose of establishing the parentage of a
23child or establishing, enforcing, or modifying a child support
24obligation. As used in this Section, the term "public office"
25is defined as set forth in the Income Withholding for Support

 

 

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1Act, and "location information" means information about (i) the
2physical whereabouts of a putative father or noncustodial
3parent; (ii) the employer of the putative father or
4noncustodial parent; or (iii) the salary, wages, and other
5compensation paid and the health insurance coverage provided to
6the putative father or noncustodial parent by the employer of
7the putative father or noncustodial parent or by a labor union
8of which the putative father or noncustodial parent is a
9member. An employer, labor union, or telephone company shall
10respond to the request of the public office within 15 days
11after receiving the request. An employer, labor union, or
12telephone company that willfully fails to fully respond within
13the 15-day period shall be subject to a penalty of $100 for
14each day that the response is not provided to the public office
15after the 15-day period has expired. The penalty may be
16collected in a civil action, which may be brought against the
17employer, labor union, or telephone company in favor of the
18public office.
19    (b) Upon being served with a subpoena (including an
20administrative subpoena as authorized by law), a utility
21company or cable television company must provide location
22information to a public office for the purpose of establishing
23the parentage of a child or establishing, enforcing, or
24modifying a child support obligation.
25    (c) Notwithstanding the provisions of any other State or
26local law to the contrary, an employer, labor union, telephone

 

 

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1company, utility company, or cable television company shall not
2be liable to any person for disclosure of location information
3under the requirements of this Section, except for willful and
4wanton misconduct.
 
5    Section 805. Enforcement of judgment or order.
6    (a) If the existence of the parent-child relationship is
7declared, or if parentage or a duty of support has been
8established under this Act or under prior law or under the law
9of any other jurisdiction, the judgment rendered thereunder may
10be enforced in the same or in other proceedings by any party or
11any person or agency that has furnished or may furnish
12financial assistance or services to the child. The Income
13Withholding for Support Act and Sections 802 and 808 of this
14Act shall also be applicable with respect to the entry,
15modification, and enforcement of a support judgment entered
16under the Paternity Act, approved July 5, 1957 and repealed
17July 1, 1985.
18    (b) Failure to comply with an order of the court shall be
19punishable as contempt as in other cases of failure to comply
20under the Illinois Marriage and Dissolution of Marriage Act. In
21addition to other penalties provided by law, the court may,
22after finding the party guilty of contempt, take the following
23action:
24        (1) Order that the party be placed on probation with
25    such conditions of probation as the court deems advisable.

 

 

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1        (2) Order that the party be sentenced to periodic
2    imprisonment for a period not to exceed 6 months. However,
3    the court may permit the party to be released for periods
4    of time during the day or night to work, conduct business,
5    or engage in other self-employed occupation. The court may
6    further order any part of all the earnings of a party
7    during a sentence of periodic imprisonment to be paid to
8    the clerk of the circuit court or to the person or parent
9    having custody of the minor child for the support of the
10    child until further order of the court.
11        (3) Pierce the ownership veil of a person, persons, or
12    business entity to discover assets of a non-custodial
13    parent held in the name of that person, those persons, or
14    that business entity, if there is a unity of interest and
15    ownership sufficient to render no financial separation
16    between the non-custodial parent and that person, those
17    persons, or the business entity. The following
18    circumstances are sufficient for a court to order discovery
19    of the assets of a person, persons, or business entity and
20    to compel the application of any discovered assets toward
21    payment of the judgment for support:
22            (A) the non-custodial parent and the person,
23        persons, or business entity maintain records together.
24            (B) the non-custodial parent and the person,
25        persons, or business entity fail to maintain an arms
26        length relationship between themselves with regard to

 

 

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1        any assets.
2            (C) the non-custodial parent transfers assets to
3        the person, persons, or business entity with the intent
4        to perpetrate a fraud on the custodial parent. With
5        respect to assets which are real property, no order
6        entered under this subdivision (3) shall affect the
7        rights of bona fide purchasers, mortgagees, judgment
8        creditors, or other lien holders who acquire their
9        interests in the property prior to the time a notice of
10        lis pendens under the Code of Civil Procedure or a copy
11        of the order is placed of record in the office of the
12        recorder of deeds for the county in which the real
13        property is located.
14        (4) Order that, in cases where the party is 90 days or
15    more delinquent in payment of support or has been
16    adjudicated in arrears in an amount equal to 90 days
17    obligation or more, the party's Illinois driving
18    privileges be suspended until the court determines that the
19    party is in compliance with the judgment or duty of
20    support. The court may also order that the parent be issued
21    a family financial responsibility driving permit that
22    would allow limited driving privileges for employment and
23    medical purposes in accordance with Section 7-702.1 of the
24    Illinois Vehicle Code. The clerk of the circuit court shall
25    certify the order suspending the driving privileges of the
26    parent or granting the issuance of a family financial

 

 

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1    responsibility driving permit to the Secretary of State on
2    forms prescribed by the Secretary. Upon receipt of the
3    authenticated documents, the Secretary of State shall
4    suspend the party's driving privileges until further order
5    of the court and shall, if ordered by the court and subject
6    to the provisions of Section 7-702.1 of the Illinois
7    Vehicle Code, issue a family financial responsibility
8    driving permit to the parent.
9    In addition to the penalties or punishment that may be
10imposed under this Section, a person whose conduct constitutes
11a violation of Section 15 of the Non-Support Punishment Act may
12be prosecuted under that Act, and a person convicted under that
13Act may be sentenced in accordance with that Act. The sentence
14may include, but need not be limited to, a requirement that the
15person perform community service under Section 50 of that Act
16or participate in a work alternative program under Section 50
17of that Act. A person may not be required to participate in a
18work alternative program under Section 50 of the Non-Support
19Punishment Act if the person is currently participating in a
20work program under Section 806 of this Act.
21    (c) In a post-judgment proceeding to enforce or modify the
22judgment, the parties shall continue to be designated as in the
23original proceeding.
 
24    Section 806. Unemployment of person owing duty of support.
25    (a) Whenever it is determined in a proceeding to establish

 

 

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1or enforce a child support obligation that the person owing a
2duty of support is unemployed, the court may order the person
3to seek employment and report periodically to the court with a
4diary, listing, or other memorandum of his or her efforts to
5seek employment in accordance with the order. Additionally, the
6court may order the unemployed person to report to the
7Department of Employment Security for job search services and
8to participate in job training or work programs. When the duty
9of support is owed to a child receiving child support
10enforcement services under Article X of the Illinois Public Aid
11Code, the court may order the unemployed person to report to
12the Department of Healthcare and Family Services for
13participation in job search, training, or work programs
14established under Section 9-6 and Article IXA of that Code.
15    (b) Whenever it is determined that a person owes past-due
16support for a child, and the child is receiving assistance
17under the Illinois Public Aid Code, the court shall, at the
18request of the Department of Healthcare and Family Services,
19order the following:
20        (1) that the person pay the past-due support in
21    accordance with a payment plan approved by the court; or
22        (2) if the person owing past-due support is unemployed,
23    is subject to a payment plan, and is not incapacitated,
24    that the person participate in job search, training, or
25    work programs established under Section 9-6 and Article IXA
26    of the Illinois Public Aid Code as the court deems

 

 

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1    appropriate.
 
2    Section 807. Order of protection; status. Whenever relief
3is sought under this Act, the court, before granting relief,
4shall determine whether an order of protection has previously
5been entered in the instant proceeding or any other proceeding
6in which any party, or a child of any party, or both, if
7relevant, has been designated as either a respondent or a
8protected person.
 
9    Section 808. Modification of judgment. The court has
10continuing jurisdiction to modify an order for support,
11custody, parenting time, or removal included in a judgment
12entered under this Act. Any custody, parenting time, or removal
13judgment modification shall be in accordance with the relevant
14factors specified in the Illinois Marriage and Dissolution of
15Marriage Act. Any support judgment is subject to modification
16or termination only in accordance with Section 510 of the
17Illinois Marriage and Dissolution of Marriage Act.
 
18    Section 809. Right to counsel.
19    (a) Any party may be represented by counsel at all
20proceedings under this Act. Except as otherwise provided in
21this Act, the court may order, in accordance with the relevant
22factors specified in Section 508 of the Illinois Marriage and
23Dissolution of Marriage Act, reasonable fees of counsel,

 

 

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1experts, and other costs of the action, pre-trial proceedings,
2post-judgment proceedings to enforce or modify the judgment,
3and the appeal or the defense of an appeal of the judgment to
4be paid by the parties. The court may not order payment by the
5Department of Healthcare and Family Services in cases in which
6the Department is providing child support enforcement services
7under Article X of the Illinois Public Aid Code.
8    (b) In any proceedings involving the support, custody,
9parenting time, education, parentage, property interest, or
10general welfare of a minor or dependent child, the court may,
11on its own motion or that of any party, appoint an attorney to
12serve in one of the capacities specified in Section 506 of the
13Illinois Marriage and Dissolution of Marriage Act.
 
14    Section 810. Withholding of income to secure payment of
15support. Orders for support entered under this Act are subject
16to the Income Withholding for Support Act.
 
17    Section 811. Information concerning obligors.
18    (a) In this Section:
19    "Arrearage", "delinquency", "obligor", and "order for
20support" have the meanings attributed to those terms in the
21Income Withholding for Support Act.
22    "Consumer reporting agency" has the meaning attributed to
23that term in Section 603(f) of the Fair Credit Reporting Act,
2415 U.S.C. 1681a(f).

 

 

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1    (b) Whenever a court of competent jurisdiction finds that
2an obligor either owes an arrearage of more than $10,000 or is
3delinquent in payment of an amount equal to at least 3 months'
4support obligation pursuant to an order for support, the court
5shall direct the clerk of the circuit court to make information
6concerning the obligor available to consumer reporting
7agencies.
8    (c) Whenever a court of competent jurisdiction finds that
9an obligor either owes an arrearage of more than $10,000 or is
10delinquent in payment of an amount equal to at least 3 months'
11support obligation pursuant to an order for support, the court
12shall direct the clerk of the circuit court to cause the
13obligor's name and address to be published in a newspaper of
14general circulation in the area in which the obligor resides.
15The clerk of the circuit court shall cause the obligor's name
16and address to be published only after sending to the obligor
17at the obligor's last known address, by certified mail, return
18receipt requested, a notice of intent to publish the
19information. This subsection (c) applies only if the obligor
20resides in the county in which the clerk of the circuit court
21holds office.
 
22    Section 812. Interest on support obligations. A support
23obligation, or any portion of a support obligation, which
24becomes due and remains unpaid as of the end of each month,
25excluding the child support that was due for that month to the

 

 

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1extent that it was not paid in that month, shall accrue simple
2interest as set forth in Section 12-109 of the Code of Civil
3Procedure. An order for support shall contain a statement that
4a support obligation required under the order, or any portion
5of a support obligation required under the order, that becomes
6due and remains unpaid as of the end of each month, excluding
7the child support that was due for that month to the extent
8that it was not paid in that month, shall accrue simple
9interest as set forth in Section 12-109 of the Code of Civil
10Procedure. Failure to include the statement in the order for
11support does not affect the validity of the order or the
12accrual of interest as provided in this Section.
 
13    Section 813. Support payments; receiving and disbursing
14agents.
15    (a) In an action filed in a county with less than 3,000,000
16inhabitants in which an order for child support is entered, and
17in supplementary proceedings to enforce or vary the terms of
18the order arising out of an action filed in such a county, the
19court, except in actions or supplementary proceedings in which
20the pregnancy and delivery expenses of the mother or the child
21support payments are for a recipient of aid under the Illinois
22Public Aid Code, shall direct that child support payments be
23made to the clerk of the circuit court, unless in the
24discretion of the court exceptional circumstances warrant
25otherwise. In cases where payment is to be made to persons

 

 

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1other than the clerk of the circuit court, the judgment or
2order of support shall set forth the facts of the exceptional
3circumstances.
4    (b) In an action filed in a county of 3,000,000 or more
5inhabitants in which an order for child support is entered, and
6in supplementary proceedings to enforce or vary the terms of
7the order arising out of an action filed in such a county, the
8court, except in actions or supplementary proceedings in which
9the pregnancy and delivery expenses of the mother or the child
10support payments are for a recipient of aid under the Illinois
11Public Aid Code, shall direct that child support payments be
12made either to the clerk of the circuit court or to the Court
13Service Division of the Department of Human Services local
14office or offices or its successor or to the Department of
15Healthcare and Family Services, unless in the discretion of the
16court exceptional circumstances warrant otherwise. In cases
17where payment is to be made to persons other than the clerk of
18the circuit court, the Court Service Division of the Department
19of Human Services local office or offices or its successor, or
20the Department of Healthcare and Family Services, the judgment
21or order of support shall set forth the facts of the
22exceptional circumstances.
23    (c) When the action or supplementary proceeding is on
24behalf of a mother for pregnancy and delivery expenses or for
25child support, or both, and the mother, child, or both, are
26recipients of aid under the Illinois Public Aid Code, the court

 

 

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1shall order that the payments be made directly to (1) the
2Department of Healthcare and Family Services, if the mother or
3child, or both, are recipients under Article IV or V of the
4Illinois Public Aid Code; or (2) the local governmental unit
5responsible for the support of the mother or child, or both, if
6they are recipients under Article VI of the Illinois Public Aid
7Code. In accordance with federal law and regulations, the
8Department of Healthcare and Family Services may continue to
9collect current maintenance payments or child support
10payments, or both, after those persons cease to receive public
11assistance and until termination of services under Article X of
12the Illinois Public Aid Code. The Department of Healthcare and
13Family Services shall pay the net amount collected to those
14persons after deducting any costs incurred in making the
15collection or any collection fee from the amount of any
16recovery made. The Department of Healthcare and Family Services
17or the local governmental unit, as the case may be, may direct
18that payments be made directly to the mother of the child, or
19to some other person or agency on the child's behalf, upon the
20removal of the mother and child from the public aid rolls or
21upon termination of services under Article X of the Illinois
22Public Aid Code; upon such direction, the Department of
23Healthcare and Family Services or the local governmental unit
24shall give notice of the action to the court in writing or by
25electronic transmission.
26    (d) All clerks of the circuit court and the Court Service

 

 

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1Division of the Department of Human Services local office or
2offices or its successor and the Department of Healthcare and
3Family Services, receiving child support payments under
4subsection (a) or (b) shall disburse the payments to the person
5or persons entitled to the payments under the terms of the
6order. The entity disbursing the payments shall establish and
7maintain clear and current records of all moneys received and
8disbursed and of defaults and delinquencies in required
9payments. The court, by order or rule, shall make provision for
10the carrying out of these duties. Payments under this Section
11to the Department of Healthcare and Family Services made
12pursuant to the Child Support Enforcement Program established
13by Title IV-D of the Social Security Act shall be paid into the
14Child Support Enforcement Trust Fund. All payments under this
15Section to the Illinois Department of Human Services shall be
16deposited in the DHS Recoveries Trust Fund. Disbursement from
17these funds shall be as provided in the Illinois Public Aid
18Code. Payments received by a local governmental unit shall be
19deposited in that unit's General Assistance Fund.
20    (e) The moneys received by persons or agencies designated
21by the court shall be disbursed by them in accordance with the
22order. However, the court, on petition of the State's Attorney,
23may enter new orders designating the clerk of the circuit court
24or the Department of Healthcare and Family Services as the
25person or agency authorized to receive and disburse child
26support payments and, in the case of a recipient of public aid,

 

 

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1the court, on petition of the Attorney General or State's
2Attorney, shall direct subsequent payments to be paid to the
3Department of Healthcare and Family Services or to the
4appropriate local governmental unit, as provided in subsection
5(c) of this Section. Payments of child support by principals or
6sureties on bonds or proceeds of any sale for the enforcement
7of a judgment shall be made to the clerk of the circuit court,
8the Department of Healthcare and Family Services, or the
9appropriate local governmental unit, as required by this
10Section.
11    (f) For those cases in which child support is payable to
12the clerk of the circuit court for transmittal to the
13Department of Healthcare and Family Services by order of court
14or upon notification by the Department of Healthcare and Family
15Services, the clerk of the circuit court shall transmit all
16payments, within 4 working days of receipt, to insure that
17funds are available for immediate distribution by the
18Department of Healthcare and Family Services to the person or
19entity entitled to them in accordance with the Child Support
20Enforcement Program under Title IV-D of the Social Security
21Act. The clerk of the circuit court shall notify the Department
22of Healthcare and Family Services of the date of receipt and
23the amount of the funds at the time of transmittal. If the
24clerk of the circuit court has entered into an agreement of
25cooperation with the Department of Healthcare and Family
26Services to record the terms of child support orders and

 

 

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1payments made thereunder directly into the Department's
2automated data processing system, the clerk of the circuit
3court shall account for, transmit and otherwise distribute
4child support payments in accordance with the agreement in lieu
5of the requirements contained in this Section.
6    (g) To the extent the provisions of this Section are
7inconsistent with the requirements pertaining to the State
8Disbursement Unit under Section 815 of this Act and Section
910-26 of the Illinois Public Aid Code, the requirements
10pertaining to the State Disbursement Unit shall apply.
 
11    Section 814. Notice of child support enforcement services.
12The Department of Healthcare and Family Services may provide
13notice at any time to the parties to an action filed under this
14Act that child support enforcement services are being provided
15by the Department under Article X of the Illinois Public Aid
16Code. After notice is provided, the Department of Healthcare
17and Family Services shall be entitled, as if it were a party,
18to notice of any further proceedings brought in the case. The
19Department of Healthcare and Family Services shall provide the
20clerk of the circuit court with copies of the notices sent to
21the parties. The clerk of the circuit court shall file the
22copies in the court file.
 
23    Section 815. Payment of support to State Disbursement Unit.
24    (a) As used in this Section, "order for support",

 

 

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1"obligor", "obligee", and "payor" have the meanings ascribed to
2them in the Income Withholding for Support Act, except that
3"order for support" does not mean an order for spousal
4maintenance under which there is no child support obligation.
5    (b) Notwithstanding any other provision of this Act to the
6contrary, each order for support entered or modified on or
7after October 1, 1999 shall require that support payments be
8made to the State Disbursement Unit established under Section
910-26 of the Illinois Public Aid Code if:
10        (1) a party to the order is receiving child support
11    enforcement services under Article X of the Illinois Public
12    Aid Code; or
13        (2) no party to the order is receiving child support
14    enforcement services, but the support payments are made
15    through income withholding.
16    (c) Support payments shall be made to the State
17Disbursement Unit if:
18        (1) the order for support was entered before October 1,
19    1999, and a party to the order is receiving child support
20    enforcement services under Article X of the Illinois Public
21    Aid Code; or
22        (2) no party to the order is receiving child support
23    enforcement services, and the support payments are being
24    made through income withholding.
25    (d) If no party to the order is receiving child support
26enforcement services under Article X of the Illinois Public Aid

 

 

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1Code and the support payments are not made through income
2withholding, then support payments shall be made as directed by
3the order for support.
4    (e) At any time, and notwithstanding the existence of an
5order directing payments to be made elsewhere, the Department
6of Healthcare and Family Services may provide notice to the
7obligor and, where applicable, to the obligor's payor:
8        (1) to make support payments to the State Disbursement
9    Unit if:
10            (A) a party to the order for support is receiving
11        child support enforcement services under Article X of
12        the Illinois Public Aid Code; or
13            (B) no party to the order for support is receiving
14        child support enforcement services under Article X of
15        the Illinois Public Aid Code, but the support payments
16        are made through income withholding; or
17        (2) to make support payments to the State Disbursement
18    Unit of another state upon request of another state's Title
19    IV-D child support enforcement agency, in accordance with
20    the requirements of Title IV, Part D of the Social Security
21    Act and regulations promulgated under that Part D.
22    The Department of Healthcare and Family Services shall
23provide a copy of the notice sent under this subsection to the
24obligee and to the clerk of the circuit court.
25    (f) The clerk of the circuit court shall provide written
26notice to the obligor to make payments directly to the clerk of

 

 

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1the circuit court if no party to the order is receiving child
2support enforcement services under Article X of the Illinois
3Public Aid Code, the support payments are not made through
4income withholding, and the order for support requires support
5payments to be made directly to the clerk of the circuit court.
6The clerk of the circuit court shall provide a copy of the
7notice to the obligee.
8    (g) If the State Disbursement Unit receives a support
9payment that was not appropriately made to the Unit under this
10Section, the Unit shall immediately return the payment to the
11sender, including, if possible, instructions detailing where
12to send the support payments.
13    (h) The notices under subsections (e) and (f) may be sent
14by ordinary mail, certified mail with return receipt requested,
15facsimile transmission, other electronic process, or any
16method provided by law for service of a summons.
 
17    Section 816. Notice to the clerk of circuit court of
18payment received by Department of Healthcare and Family
19Services. For those cases in which support is payable to the
20clerk of the circuit court for transmittal to the Department of
21Healthcare and Family Services by order of court, and the
22Department of Healthcare and Family Services collects support
23by assignment, offset, withhold, deduction, or other process
24permitted by law, the Department of Healthcare and Family
25Services shall notify the clerk of the circuit court of the

 

 

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1date and amount of the collection. Upon notification, the clerk
2of the circuit court shall record the collection on the payment
3record for the case.
 
4
ARTICLE 9. MISCELLANEOUS PROVISIONS

 
5    Section 901. Burden of proof. Absent a burden of proof
6specifically set forth in this Act, the burden of proof shall
7be by a preponderance of the evidence.
 
8    Section 902. Severability clause. If any provision of this
9Act or its application to an individual or circumstance is held
10invalid, the invalidity does not affect other provisions or
11applications of this Act which can be given effect without the
12invalid provision or application, and to this end the
13provisions of this Act are severable.
 
14    Section 903. Transitional provision. A proceeding to
15adjudicate parentage which was commenced before the effective
16date of this Act is governed by the law in effect at the time
17the proceeding was commenced.
 
18    Section 904. Savings provision. The repeal of the Illinois
19Parentage Act of 1984 and the Illinois Parentage Act shall not
20affect rights or liabilities under those Act which have been
21determined, settled, or adjudicated prior to the effective date

 

 

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1of this Act or which are the subject of proceedings pending on
2the effective date of this Act. This Act shall not be construed
3to bar an action which would have been barred because the
4action had not been filed within a time limitation under the
5Illinois Parentage Act of 1984 and the Illinois Parentage Act,
6or which could not have been maintained under those Acts, as
7long as the action is not barred by a limitations period set
8forth in this Act.
 
9    Section 905. Other states' establishments of parentage.
10Establishments of parentage made under the laws of other states
11shall be given full faith and credit in this State regardless
12of whether parentage was established through voluntary
13acknowledgment or through judicial or administrative
14processes.
 
15    Section 951. The Department of Employment Security Law of
16the Civil Administrative Code of Illinois is amended by
17changing Section 1005-130 as follows:
 
18    (20 ILCS 1005/1005-130)  (was 20 ILCS 1005/43a.14)
19    Sec. 1005-130. Exchange of information for child support
20enforcement.
21    (a) The Department has the power to exchange with the
22Department of Healthcare and Family Services information that
23may be necessary for the enforcement of child support orders

 

 

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1entered pursuant to the Illinois Public Aid Code, the Illinois
2Marriage and Dissolution of Marriage Act, the Non-Support of
3Spouse and Children Act, the Non-Support Punishment Act, the
4Revised Uniform Reciprocal Enforcement of Support Act, the
5Uniform Interstate Family Support Act, or the Illinois
6Parentage Act of 1984, or the Illinois Parentage Act of 2013.
7    (b) Notwithstanding any provisions in the Civil
8Administrative Code of Illinois to the contrary, the Department
9of Employment Security shall not be liable to any person for
10any disclosure of information to the Department of Healthcare
11and Family Services (formerly Illinois Department of Public
12Aid) under subsection (a) or for any other action taken in good
13faith to comply with the requirements of subsection (a).
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    Section 952. The Department of Professional Regulation Law
16of the Civil Administrative Code of Illinois is amended by
17changing Section 2105-15 as follows:
 
18    (20 ILCS 2105/2105-15)
19    Sec. 2105-15. General powers and duties.
20    (a) The Department has, subject to the provisions of the
21Civil Administrative Code of Illinois, the following powers and
22duties:
23        (1) To authorize examinations in English to ascertain
24    the qualifications and fitness of applicants to exercise

 

 

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

 

 

09800HB1243ham001- 88 -LRB098 03015 HEP 40651 a

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

 

 

09800HB1243ham001- 89 -LRB098 03015 HEP 40651 a

1    The Department shall refuse to issue or renew a license to,
2    or shall suspend or revoke a license of, any person who,
3    after receiving notice, fails to comply with a subpoena or
4    warrant relating to a paternity or child support
5    proceeding. However, the Department may issue a license or
6    renewal upon compliance with the subpoena or warrant.
7        The Department, without further process or hearings,
8    shall revoke, suspend, or deny any license or renewal
9    authorized by the Civil Administrative Code of Illinois to
10    a person who is certified by the Department of Healthcare
11    and Family Services (formerly Illinois Department of
12    Public Aid) as being more than 30 days delinquent in
13    complying with a child support order or who is certified by
14    a court as being in violation of the Non-Support Punishment
15    Act for more than 60 days. The Department may, however,
16    issue a license or renewal if the person has established a
17    satisfactory repayment record as determined by the
18    Department of Healthcare and Family Services (formerly
19    Illinois Department of Public Aid) or if the person is
20    determined by the court to be in compliance with the
21    Non-Support Punishment Act. The Department may implement
22    this paragraph as added by Public Act 89-6 through the use
23    of emergency rules in accordance with Section 5-45 of the
24    Illinois Administrative Procedure Act. For purposes of the
25    Illinois Administrative Procedure Act, the adoption of
26    rules to implement this paragraph shall be considered an

 

 

09800HB1243ham001- 90 -LRB098 03015 HEP 40651 a

1    emergency and necessary for the public interest, safety,
2    and welfare.
3        (6) To transfer jurisdiction of any realty under the
4    control of the Department to any other department of the
5    State Government or to acquire or accept federal lands when
6    the transfer, acquisition, or acceptance is advantageous
7    to the State and is approved in writing by the Governor.
8        (7) To formulate rules and regulations necessary for
9    the enforcement of any Act administered by the Department.
10        (8) To exchange with the Department of Healthcare and
11    Family Services information that may be necessary for the
12    enforcement of child support orders entered pursuant to the
13    Illinois Public Aid Code, the Illinois Marriage and
14    Dissolution of Marriage Act, the Non-Support of Spouse and
15    Children Act, the Non-Support Punishment Act, the Revised
16    Uniform Reciprocal Enforcement of Support Act, the Uniform
17    Interstate Family Support Act, or the Illinois Parentage
18    Act of 1984, or the Illinois Parentage Act of 2013.
19    Notwithstanding any provisions in this Code to the
20    contrary, the Department of Professional Regulation shall
21    not be liable under any federal or State law to any person
22    for any disclosure of information to the Department of
23    Healthcare and Family Services (formerly Illinois
24    Department of Public Aid) under this paragraph (8) or for
25    any other action taken in good faith to comply with the
26    requirements of this paragraph (8).

 

 

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1        (9) To perform other duties prescribed by law.
2    (a-5) Except in cases involving default on an educational
3loan or scholarship provided by or guaranteed by the Illinois
4Student Assistance Commission or any governmental agency of
5this State or in cases involving delinquency in complying with
6a child support order or violation of the Non-Support
7Punishment Act, no person or entity whose license, certificate,
8or authority has been revoked as authorized in any licensing
9Act administered by the Department may apply for restoration of
10that license, certification, or authority until 3 years after
11the effective date of the revocation.
12    (b) The Department may, when a fee is payable to the
13Department for a wall certificate of registration provided by
14the Department of Central Management Services, require that
15portion of the payment for printing and distribution costs be
16made directly or through the Department to the Department of
17Central Management Services for deposit into the Paper and
18Printing Revolving Fund. The remainder shall be deposited into
19the General Revenue Fund.
20    (c) For the purpose of securing and preparing evidence, and
21for the purchase of controlled substances, professional
22services, and equipment necessary for enforcement activities,
23recoupment of investigative costs, and other activities
24directed at suppressing the misuse and abuse of controlled
25substances, including those activities set forth in Sections
26504 and 508 of the Illinois Controlled Substances Act, the

 

 

09800HB1243ham001- 92 -LRB098 03015 HEP 40651 a

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

 

 

09800HB1243ham001- 93 -LRB098 03015 HEP 40651 a

1powers and responsibilities, then, upon request and payment of
2fees in conformance with the requirements of Section 2605-400
3of the Department of State Police Law (20 ILCS 2605/2605-400),
4the Department of State Police is authorized to furnish,
5pursuant to positive identification, the information contained
6in State files that is necessary to fulfill the request.
7    (e) The provisions of this Section do not apply to private
8business and vocational schools as defined by Section 15 of the
9Private Business and Vocational Schools Act of 2012.
10    (f) Beginning July 1, 1995, this Section does not apply to
11those professions, trades, and occupations licensed under the
12Real Estate License Act of 2000, nor does it apply to any
13permits, certificates, or other authorizations to do business
14provided for in the Land Sales Registration Act of 1989 or the
15Illinois Real Estate Time-Share Act.
16    (g) Notwithstanding anything that may appear in any
17individual licensing statute or administrative rule, the
18Department shall deny any license application or renewal
19authorized under any licensing Act administered by the
20Department to any person who has failed to file a return, or to
21pay the tax, penalty, or interest shown in a filed return, or
22to pay any final assessment of tax, penalty, or interest, as
23required by any tax Act administered by the Illinois Department
24of Revenue, until such time as the requirement of any such tax
25Act are satisfied; however, the Department may issue a license
26or renewal if the person has established a satisfactory

 

 

09800HB1243ham001- 94 -LRB098 03015 HEP 40651 a

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

 

 

09800HB1243ham001- 95 -LRB098 03015 HEP 40651 a

1    The Department shall promulgate rules for the
2administration of this subsection (g).
3    (h) The Department may grant the title "Retired", to be
4used immediately adjacent to the title of a profession
5regulated by the Department, to eligible retirees. The use of
6the title "Retired" shall not constitute representation of
7current licensure, registration, or certification. Any person
8without an active license, registration, or certificate in a
9profession that requires licensure, registration, or
10certification shall not be permitted to practice that
11profession.
12    (i) Within 180 days after December 23, 2009 (the effective
13date of Public Act 96-852), the Department shall promulgate
14rules which permit a person with a criminal record, who seeks a
15license or certificate in an occupation for which a criminal
16record is not expressly a per se bar, to apply to the
17Department for a non-binding, advisory opinion to be provided
18by the Board or body with the authority to issue the license or
19certificate as to whether his or her criminal record would bar
20the individual from the licensure or certification sought,
21should the individual meet all other licensure requirements
22including, but not limited to, the successful completion of the
23relevant examinations.
24(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
2596-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
 

 

 

09800HB1243ham001- 96 -LRB098 03015 HEP 40651 a

1    Section 953. The Department of Revenue Law of the Civil
2Administrative Code of Illinois is amended by changing Section
32505-65 as follows:
 
4    (20 ILCS 2505/2505-65)  (was 20 ILCS 2505/39b12)
5    Sec. 2505-65. Exchange of information.
6    (a) The Department has the power to exchange with any
7state, with any local subdivisions of any state, or with the
8federal government, except when specifically prohibited by
9law, any information that may be necessary to efficient tax
10administration and that may be acquired as a result of the
11administration of the laws set forth in the Sections following
12Section 95-10 and preceding Section 2505-60.
13    (b) The Department has the power to exchange with the
14Department of Healthcare and Family Services information that
15may be necessary for the enforcement of child support orders
16entered pursuant to the Illinois Public Aid Code, the Illinois
17Marriage and Dissolution of Marriage Act, the Non-Support of
18Spouse and Children Act, the Non-Support Punishment Act, the
19Revised Uniform Reciprocal Enforcement of Support Act, the
20Uniform Interstate Family Support Act, or the Illinois
21Parentage Act of 1984, or the Illinois Parentage Act of 2013.
22Notwithstanding any provisions in this Code to the contrary,
23the Department of Revenue shall not be liable to any person for
24any disclosure of information to the Department of Healthcare
25and Family Services (formerly Illinois Department of Public

 

 

09800HB1243ham001- 97 -LRB098 03015 HEP 40651 a

1Aid) under this subsection (b) or for any other action taken in
2good faith to comply with the requirements of this subsection
3(b).
4(Source: P.A. 95-331, eff. 8-21-07.)
 
5    Section 954. The Counties Code is amended by changing
6Section 3-5036.5 as follows:
 
7    (55 ILCS 5/3-5036.5)
8    Sec. 3-5036.5. Exchange of information for child support
9enforcement.
10    (a) The Recorder shall exchange with the Department of
11Healthcare and Family Services information that may be
12necessary for the enforcement of child support orders entered
13pursuant to the Illinois Public Aid Code, the Illinois Marriage
14and Dissolution of Marriage Act, the Non-Support of Spouse and
15Children Act, the Non-Support Punishment Act, the Revised
16Uniform Reciprocal Enforcement of Support Act, the Uniform
17Interstate Family Support Act, or the Illinois Parentage Act of
181984, or the Illinois Parentage Act of 2013.
19    (b) Notwithstanding any provisions in this Code to the
20contrary, the Recorder shall not be liable to any person for
21any disclosure of information to the Department of Healthcare
22and Family Services (formerly Illinois Department of Public
23Aid) under subsection (a) or for any other action taken in good
24faith to comply with the requirements of subsection (a).

 

 

09800HB1243ham001- 98 -LRB098 03015 HEP 40651 a

1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    Section 955. The Collection Agency Act is amended by
3changing Section 2.04 as follows:
 
4    (225 ILCS 425/2.04)  (from Ch. 111, par. 2005.1)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 2.04. Child support indebtedness.
7    (a) Persons, associations, partnerships, corporations, or
8other legal entities engaged in the business of collecting
9child support indebtedness owing under a court order as
10provided under the Illinois Public Aid Code, the Illinois
11Marriage and Dissolution of Marriage Act, the Non-Support of
12Spouse and Children Act, the Non-Support Punishment Act, the
13Illinois Parentage Act of 1984, the Illinois Parentage Act of
142013, or similar laws of other states are not restricted (i) in
15the frequency of contact with an obligor who is in arrears,
16whether by phone, mail, or other means, (ii) from contacting
17the employer of an obligor who is in arrears, (iii) from
18publishing or threatening to publish a list of obligors in
19arrears, (iv) from disclosing or threatening to disclose an
20arrearage that the obligor disputes, but for which a verified
21notice of delinquency has been served under the Income
22Withholding for Support Act (or any of its predecessors,
23Section 10-16.2 of the Illinois Public Aid Code, Section 706.1
24of the Illinois Marriage and Dissolution of Marriage Act,

 

 

09800HB1243ham001- 99 -LRB098 03015 HEP 40651 a

1Section 4.1 of the Non-Support of Spouse and Children Act,
2Section 26.1 of the Revised Uniform Reciprocal Enforcement of
3Support Act, or Section 20 of the Illinois Parentage Act of
41984), or (v) from engaging in conduct that would not cause a
5reasonable person mental or physical illness. For purposes of
6this subsection, "obligor" means an individual who owes a duty
7to make periodic payments, under a court order, for the support
8of a child. "Arrearage" means the total amount of an obligor's
9unpaid child support obligations.
10    (a-5) A collection agency may not impose a fee or charge,
11including costs, for any child support payments collected
12through the efforts of a federal, State, or local government
13agency, including but not limited to child support collected
14from federal or State tax refunds, unemployment benefits, or
15Social Security benefits.
16    No collection agency that collects child support payments
17shall (i) impose a charge or fee, including costs, for
18collection of a current child support payment, (ii) fail to
19apply collections to current support as specified in the order
20for support before applying collection to arrears or other
21amounts, or (iii) designate a current child support payment as
22arrears or other amount owed. In all circumstances, the
23collection agency shall turn over to the obligee all support
24collected in a month up to the amount of current support
25required to be paid for that month.
26    As to any fees or charges, including costs, retained by the

 

 

09800HB1243ham001- 100 -LRB098 03015 HEP 40651 a

1collection agency, that agency shall provide documentation to
2the obligee demonstrating that the child support payments
3resulted from the actions of the agency.
4    After collection of the total amount or arrearage,
5including statutory interest, due as of the date of execution
6of the collection contract, no further fees may be charged.
7    (a-10) The Department of Professional Regulation shall
8determine a fee rate of not less than 25% but not greater than
935%, based upon presentation by the licensees as to costs to
10provide the service and a fair rate of return. This rate shall
11be established by administrative rule.
12    Without prejudice to the determination by the Department of
13the appropriate rate through administrative rule, a collection
14agency shall impose a fee of not more than 29% of the amount of
15child support actually collected by the collection agency
16subject to the provisions of subsection (a-5). This interim
17rate is based upon the March 2002 General Account Office report
18"Child Support Enforcement", GAO-02-349. This rate shall apply
19until a fee rate is established by administrative rule.
20    (b) The Department shall adopt rules necessary to
21administer and enforce the provisions of this Section.
22(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)
 
23    Section 956. The Illinois Public Aid Code is amended by
24changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19,
2510-25, 10-25.5, 10-27, and 12-4.7c as follows:
 

 

 

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1    (305 ILCS 5/10-3.1)  (from Ch. 23, par. 10-3.1)
2    Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
3Department shall establish within its administrative staff a
4Child and Spouse Support Unit to search for and locate absent
5parents and spouses liable for the support of persons resident
6in this State and to exercise the support enforcement powers
7and responsibilities assigned the Department by this Article.
8The unit shall cooperate with all law enforcement officials in
9this State and with the authorities of other States in locating
10persons responsible for the support of persons resident in
11other States and shall invite the cooperation of these
12authorities in the performance of its duties.
13    In addition to other duties assigned the Child and Spouse
14Support Unit by this Article, the Unit may refer to the
15Attorney General or units of local government with the approval
16of the Attorney General, any actions under Sections 10-10 and
1710-15 for judicial enforcement of the support liability. The
18Child and Spouse Support Unit shall act for the Department in
19referring to the Attorney General support matters requiring
20judicial enforcement under other laws. If requested by the
21Attorney General to so act, as provided in Section 12-16,
22attorneys of the Unit may assist the Attorney General or
23themselves institute actions on in behalf of the Illinois
24Department under the Revised Uniform Reciprocal Enforcement of
25Support Act; under the Illinois Parentage Act of 1984 or under

 

 

09800HB1243ham001- 102 -LRB098 03015 HEP 40651 a

1the Illinois Parentage Act of 2013; under the Non-Support of
2Spouse and Children Act; under the Non-Support Punishment Act;
3or under any other law, State or Federal, providing for support
4of a spouse or dependent child.
5    The Illinois Department shall also have the authority to
6enter into agreements with local governmental units or
7individuals, with the approval of the Attorney General, for the
8collection of moneys owing because of the failure of a parent
9to make child support payments for any child receiving services
10under this Article. Such agreements may be on a contingent fee
11basis, but such contingent fee shall not exceed 25% of the
12total amount collected.
13    An attorney who provides representation pursuant to this
14Section shall represent the Illinois Department exclusively.
15Regardless of the designation of the plaintiff in an action
16brought pursuant to this Section, an attorney-client
17relationship does not exist for purposes of that action between
18that attorney and (i) an applicant for or recipient of child
19support enforcement services or (ii) any other party to the
20action other than the Illinois Department. Nothing in this
21Section shall be construed to modify any power or duty
22(including a duty to maintain confidentiality) of the Child and
23Spouse Support Unit or the Illinois Department otherwise
24provided by law.
25    The Illinois Department may also enter into agreements with
26local governmental units for the Child and Spouse Support Unit

 

 

09800HB1243ham001- 103 -LRB098 03015 HEP 40651 a

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

 

 

09800HB1243ham001- 104 -LRB098 03015 HEP 40651 a

1determine the relative's ability to provide support in a case
2receiving child support enforcement services under this
3Article X.
4    The Illinois Department may send a written request for the
5same information to the relative's employer. The employer shall
6respond to the request for information within 15 days after the
7date the employer receives the request. If the employer
8willfully fails to fully respond within the 15-day period, the
9employer shall pay a penalty of $100 for each day that the
10response is not provided to the Illinois Department after the
1115-day period has expired. The penalty may be collected in a
12civil action which may be brought against the employer in favor
13of the Illinois Department.
14    A written request for information sent to an employer
15pursuant to this Section shall consist of (i) a citation of
16this Section as the statutory authority for the request and for
17the employer's obligation to provide the requested
18information, (ii) a returnable form setting forth the
19employer's name and address and listing the name of the
20employee with respect to whom information is requested, and
21(iii) a citation of this Section as the statutory authority
22authorizing the employer to withhold a fee of up to $20 from
23the wages or income to be paid to each responsible relative for
24providing the information to the Illinois Department within the
2515-day period. If the employer is withholding support payments
26from the responsible relative's income pursuant to an order for

 

 

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1withholding, the employer may withhold the fee provided for in
2this Section only after withholding support as required under
3the order. Any amounts withheld from the responsible relative's
4income for payment of support and the fee provided for in this
5Section shall not be in excess of the amounts permitted under
6the federal Consumer Credit Protection Act.
7    In a case receiving child support enforcement services, the
8Illinois Department may request and obtain information from a
9particular employer under this Section no more than once in any
1012-month period, unless the information is necessary to conduct
11a review of a court or administrative order for support at the
12request of the person receiving child support enforcement
13services.
14    The Illinois Department shall establish and maintain an
15administrative unit to receive and transmit to the Child and
16Spouse Support Unit information supplied by persons applying
17for or receiving child support enforcement services under
18Section 10-1. In addition, the Illinois Department shall
19address and respond to any alleged deficiencies that persons
20receiving or applying for services from the Child and Spouse
21Support Unit may identify concerning the Child and Spouse
22Support Unit's provision of child support enforcement
23services. Within 60 days after an action or failure to act by
24the Child and Spouse Support Unit that affects his or her case,
25a recipient of or applicant for child support enforcement
26services under Article X of this Code may request an

 

 

09800HB1243ham001- 106 -LRB098 03015 HEP 40651 a

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

 

 

09800HB1243ham001- 107 -LRB098 03015 HEP 40651 a

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

 

 

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1    (a) For purposes of this Section:
2    "Financial institution" and "account" are defined as set
3forth in Section 10-24.
4    "Payor" is defined as set forth in Section 15 of the Income
5Withholding for Support Act.
6    "Order for support" means any order for periodic payment of
7funds to the State Disbursement Unit for the support of a child
8or, where applicable, for support of a child and a parent with
9whom the child resides, that is entered or modified under this
10Code or under the Illinois Marriage and Dissolution of Marriage
11Act, the Non-Support of Spouse and Children Act, the
12Non-Support Punishment Act, or the Illinois Parentage Act of
131984, or the Illinois Parentage Act of 2013, or that is entered
14or registered for modification or enforcement under the Uniform
15Interstate Family Support Act.
16    "Obligor" means an individual who owes a duty to make
17payments under an order for support in a case in which child
18support enforcement services are being provided under this
19Article X.
20    (b) The Department of Public Aid (now Healthcare and Family
21Services) shall adopt a child support enforcement debit
22authorization form that, upon being signed by an obligor,
23authorizes a financial institution holding an account on the
24obligor's behalf to debit the obligor's account periodically in
25an amount equal to the amount of child support that the obligor
26is required to pay periodically and transfer that amount to the

 

 

09800HB1243ham001- 109 -LRB098 03015 HEP 40651 a

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

 

 

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1authorization form under this Section does not relieve the
2obligor from responsibility for compliance with any
3requirement under the order for support.
4    (e) A financial institution is obligated to debit the
5account of an obligor pursuant to this Section only if or to
6the extent:
7        (1) the financial institution reasonably believes the
8    debit authorization form is a true and authentic original
9    document;     
10        (2) there are finally collected funds in the account;
11    and
12        (3) the account is not subject to offsetting claims of
13    the financial institution, whether due at the time of
14    receipt of the debit authorization form or thereafter to
15    become due and whether liquidated or unliquidated.
16    To the extent the account of the obligor is pledged or held
17by the financial institution as security for a loan or other
18obligation, or that the financial institution has any other
19claim or lien against the account, the financial institution is
20entitled to retain the account.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (305 ILCS 5/10-17)  (from Ch. 23, par. 10-17)
23    Sec. 10-17. Other Actions and Remedies for Support. The
24procedures, actions and remedies provided in this Article shall
25in no way be exclusive, but shall be available in addition to

 

 

09800HB1243ham001- 111 -LRB098 03015 HEP 40651 a

1other actions and remedies of support, including, but not by
2way of limitation, the remedies provided in (a) the Illinois
3Parentage Act of 2013 "Paternity Act", approved July 5, 1957,
4as amended; (b) the "Non-Support of Spouse and Children Act",
5approved June 24, 1915, as amended; (b-5) the Non-Support
6Punishment Act; and (c) the "Revised Uniform Reciprocal
7Enforcement of Support Act", approved August 28, 1969, as
8amended.
9(Source: P.A. 91-613, eff. 10-1-99.)
 
10    (305 ILCS 5/10-17.7)
11    Sec. 10-17.7. Administrative determination of paternity.
12The Illinois Department may provide by rule for the
13administrative determination of paternity by the Child and
14Spouse Support Unit in cases involving applicants for or
15recipients of financial aid under Article IV of this Act and
16other persons who are given access to the child support
17enforcement services of this Article as provided in Section
1810-1, including persons similarly situated and receiving
19similar services in other states. The rules shall extend to
20cases in which the mother and alleged father voluntarily
21acknowledge paternity in the form required by the Illinois
22Department or agree to be bound by the results of genetic
23testing or in which the alleged father has failed to respond to
24a notification of support obligation issued under Section 10-4
25and to cases of contested paternity. The Illinois Department's

 

 

09800HB1243ham001- 112 -LRB098 03015 HEP 40651 a

1form for voluntary acknowledgement of paternity shall be the
2same form prepared by the Illinois Department for use under the
3requirements of Section 12 of the Vital Records Act. Any
4presumption provided for under the Illinois Parentage Act of
51984 or under the Illinois Parentage Act of 2013 on and after
6the effective date of that Act shall apply to cases in which
7paternity is determined under the rules of the Illinois
8Department. The rules shall provide for notice and an
9opportunity to be heard by the responsible relative and the
10person receiving child support enforcement services under this
11Article if paternity is not voluntarily acknowledged, and any
12final administrative decision rendered by the Illinois
13Department shall be reviewed only under and in accordance with
14the Administrative Review Law. Determinations of paternity
15made by the Illinois Department under the rules authorized by
16this Section shall have the full force and effect of a court
17judgment of paternity entered under the Illinois Parentage Act
18of 1984 or under the Illinois Parentage Act of 2013.
19    In determining paternity in contested cases, the Illinois
20Department shall conduct the evidentiary hearing in accordance
21with Article 4 of the Illinois Parentage Act of 2013 Section 11
22of the Parentage Act of 1984, except that references in that
23Article Section to "the court" shall be deemed to mean the
24Illinois Department's hearing officer in cases in which
25paternity is determined administratively by the Illinois
26Department.

 

 

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1    Notwithstanding any other provision of this Article, a
2default determination of paternity may be made if service of
3the notice under Section 10-4 was made by publication under the
4rules for administrative paternity determination authorized by
5this Section. The rules as they pertain to service by
6publication shall (i) be based on the provisions of Section
72-206 and 2-207 of the Code of Civil Procedure, (ii) provide
8for service by publication in cases in which the whereabouts of
9the alleged father are unknown after diligent location efforts
10by the Child and Spouse Support Unit, and (iii) provide for
11publication of a notice of default paternity determination in
12the same manner that the notice under Section 10-4 was
13published.
14    The Illinois Department may implement this Section through
15the use of emergency rules in accordance with Section 5-45 of
16the Illinois Administrative Procedure Act. For purposes of the
17Illinois Administrative Procedure Act, the adoption of rules to
18implement this Section shall be considered an emergency and
19necessary for the public interest, safety, and welfare.
20(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
 
21    (305 ILCS 5/10-19)  (from Ch. 23, par. 10-19)
22    Sec. 10-19. Support Payments Ordered Under Other Laws;
23where deposited. The Illinois Department and local
24governmental units are authorized to receive payments directed
25by court order for the support of recipients, as provided in

 

 

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1the following Acts:
2    1. "Non-Support of Spouse and Children Act", approved June
324, 1915, as amended,
4    1.5. The Non-Support Punishment Act,
5    2. "Illinois Marriage and Dissolution of Marriage Act", as
6now or hereafter amended,
7    3. The Illinois Parentage Act, as amended,
8    3.5. The Illinois Parentage Act of 2013,
9    4. "Revised Uniform Reciprocal Enforcement of Support
10Act", approved August 28, 1969, as amended,
11    5. The Juvenile Court Act or the Juvenile Court Act of
121987, as amended,
13    6. The "Unified Code of Corrections", approved July 26,
141972, as amended,
15    7. Part 7 of Article XII of the Code of Civil Procedure, as
16amended,
17    8. Part 8 of Article XII of the Code of Civil Procedure, as
18amended, and
19    9. Other laws which may provide by judicial order for
20direct payment of support moneys.
21    Payments under this Section to the Illinois Department
22pursuant to the Child Support Enforcement Program established
23by Title IV-D of the Social Security Act shall be paid into the
24Child Support Enforcement Trust Fund. All payments under this
25Section to the Illinois Department of Human Services shall be
26deposited in the DHS Recoveries Trust Fund. Disbursements from

 

 

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1these funds shall be as provided in Sections 12-9.1 and 12-10.2
2of this Code. Payments received by a local governmental unit
3shall be deposited in that unit's General Assistance Fund.
4    To the extent the provisions of this Section are
5inconsistent with the requirements pertaining to the State
6Disbursement Unit under Sections 10-10.4 and 10-26 of this
7Code, the requirements pertaining to the State Disbursement
8Unit shall apply.
9(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
10eff. 10-1-99; 92-16, eff. 6-28-01.)
 
11    (305 ILCS 5/10-25)
12    Sec. 10-25. Administrative liens and levies on real
13property for past-due child support.
14    (a) Notwithstanding any other State or local law to the
15contrary, the State shall have a lien on all legal and
16equitable interests of responsible relatives in their real
17property in the amount of past-due child support owing pursuant
18to an order for child support entered under Sections 10-10 and
1910-11 of this Code, or under the Illinois Marriage and
20Dissolution of Marriage Act, the Non-Support of Spouse and
21Children Act, the Non-Support Punishment Act, the Uniform
22Interstate Family Support Act, or the Illinois Parentage Act of
231984, or the Illinois Parentage Act of 2013.
24    (b) The Illinois Department shall provide by rule for
25notice to and an opportunity to be heard by each responsible

 

 

09800HB1243ham001- 116 -LRB098 03015 HEP 40651 a

1relative affected, and any final administrative decision
2rendered by the Illinois Department shall be reviewed only
3under and in accordance with the Administrative Review Law.
4    (c) When enforcing a lien under subsection (a) of this
5Section, the Illinois Department shall have the authority to
6execute notices of administrative liens and levies, which shall
7contain the name and address of the responsible relative, a
8legal description of the real property to be levied, the fact
9that a lien is being claimed for past-due child support, and
10such other information as the Illinois Department may by rule
11prescribe. The Illinois Department shall record the notice of
12lien with the recorder or registrar of titles of the county or
13counties in which the real estate is located.
14    (d) The State's lien under subsection (a) shall be
15enforceable upon the recording or filing of a notice of lien
16with the recorder or registrar of titles of the county or
17counties in which the real estate is located. The lien shall be
18prior to any lien thereafter recorded or filed and shall be
19notice to a subsequent purchaser, assignor, or encumbrancer of
20the existence and nature of the lien. The lien shall be
21inferior to the lien of general taxes, special assessment, and
22special taxes heretofore or hereafter levied by any political
23subdivision or municipal corporation of the State.
24    In the event that title to the land to be affected by the
25notice of lien is registered under the Registered Titles
26(Torrens) Act, the notice shall be filed in the office of the

 

 

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1registrar of titles as a memorial or charge upon each folium of
2the register of titles affected by the notice; but the State
3shall not have a preference over the rights of any bona fide
4purchaser, mortgagee, judgment creditor, or other lien holders
5registered prior to the registration of the notice.
6    (e) The recorder or registrar of titles of each county
7shall procure a file labeled "Child Support Lien Notices" and
8an index book labeled "Child Support Lien Notices". When notice
9of any lien is presented to the recorder or registrar of titles
10for filing, the recorder or registrar of titles shall file it
11in numerical order in the file and shall enter it
12alphabetically in the index. The entry shall show the name and
13last known address of the person named in the notice, the
14serial number of the notice, the date and hour of filing, and
15the amount of child support due at the time when the lien is
16filed.
17    (f) The Illinois Department shall not be required to
18furnish bond or make a deposit for or pay any costs or fees of
19any court or officer thereof in any legal proceeding involving
20the lien.
21    (g) To protect the lien of the State for past-due child
22support, the Illinois Department may, from funds that are
23available for that purpose, pay or provide for the payment of
24necessary or essential repairs, purchase tax certificates, pay
25balances due on land contracts, or pay or cause to be satisfied
26any prior liens on the property to which the lien hereunder

 

 

09800HB1243ham001- 118 -LRB098 03015 HEP 40651 a

1applies.
2    (h) A lien on real property under this Section shall be
3released pursuant to Section 12-101 of the Code of Civil
4Procedure.
5    (i) The Illinois Department, acting in behalf of the State,
6may foreclose the lien in a judicial proceeding to the same
7extent and in the same manner as in the enforcement of other
8liens. The process, practice, and procedure for the foreclosure
9shall be the same as provided in the Code of Civil Procedure.
10(Source: P.A. 97-186, eff. 7-22-11.)
 
11    (305 ILCS 5/10-25.5)
12    Sec. 10-25.5. Administrative liens and levies on personal
13property for past-due child support.
14    (a) Notwithstanding any other State or local law to the
15contrary, the State shall have a lien on all legal and
16equitable interests of responsible relatives in their personal
17property, including any account in a financial institution as
18defined in Section 10-24, or in the case of an insurance
19company or benefit association only in accounts as defined in
20Section 10-24, in the amount of past-due child support owing
21pursuant to an order for child support entered under Sections
2210-10 and 10-11 of this Code, or under the Illinois Marriage
23and Dissolution of Marriage Act, the Non-Support of Spouse and
24Children Act, the Non-Support Punishment Act, the Uniform
25Interstate Family Support Act, or the Illinois Parentage Act of

 

 

09800HB1243ham001- 119 -LRB098 03015 HEP 40651 a

11984, or the Illinois Parentage Act of 2013.
2    (b) The Illinois Department shall provide by rule for
3notice to and an opportunity to be heard by each responsible
4relative affected, and any final administrative decision
5rendered by the Illinois Department shall be reviewed only
6under and in accordance with the Administrative Review Law.
7    (c) When enforcing a lien under subsection (a) of this
8Section, the Illinois Department shall have the authority to
9execute notices of administrative liens and levies, which shall
10contain the name and address of the responsible relative, a
11description of the property to be levied, the fact that a lien
12is being claimed for past-due child support, and such other
13information as the Illinois Department may by rule prescribe.
14The Illinois Department may serve the notice of lien or levy
15upon any financial institution where the accounts as defined in
16Section 10-24 of the responsible relative may be held, for
17encumbrance or surrender of the accounts as defined in Section
1810-24 by the financial institution.
19    (d) The Illinois Department shall enforce its lien against
20the responsible relative's personal property, other than
21accounts as defined in Section 10-24 in financial institutions,
22and levy upon such personal property in the manner provided for
23enforcement of judgments contained in Article XII of the Code
24of Civil Procedure.
25    (e) The Illinois Department shall not be required to
26furnish bond or make a deposit for or pay any costs or fees of

 

 

09800HB1243ham001- 120 -LRB098 03015 HEP 40651 a

1any court or officer thereof in any legal proceeding involving
2the lien.
3    (f) To protect the lien of the State for past-due child
4support, the Illinois Department may, from funds that are
5available for that purpose, pay or provide for the payment of
6necessary or essential repairs, purchase tax certificates, or
7pay or cause to be satisfied any prior liens on the property to
8which the lien hereunder applies.
9    (g) A lien on personal property under this Section shall be
10released in the manner provided under Article XII of the Code
11of Civil Procedure. Notwithstanding the foregoing, a lien under
12this Section on accounts as defined in Section 10-24 shall
13expire upon the passage of 120 days from the date of issuance
14of the Notice of Lien or Levy by the Illinois Department.
15However, the lien shall remain in effect during the pendency of
16any appeal or protest.
17    (h) A lien created under this Section is subordinate to any
18prior lien of the financial institution or any prior lien
19holder or any prior right of set-off that the financial
20institution may have against the assets, or in the case of an
21insurance company or benefit association only in the accounts
22as defined in Section 10-24.
23    (i) A financial institution has no obligation under this
24Section to hold, encumber, or surrender the assets, or in the
25case of an insurance company or benefit association only the
26accounts as defined in Section 10-24, until the financial

 

 

09800HB1243ham001- 121 -LRB098 03015 HEP 40651 a

1institution has been properly served with a subpoena, summons,
2warrant, court or administrative order, or administrative lien
3and levy requiring that action.
4(Source: P.A. 97-186, eff. 7-22-11.)
 
5    (305 ILCS 5/10-27)
6    Sec. 10-27. State Case Registry.
7    (a) The Illinois Department shall establish an automated
8State Case Registry to contain records concerning child support
9orders for parties receiving child support enforcement
10services under this Article X, and for all child support orders
11entered or modified on or after October 1, 1998. The State Case
12Registry shall include (i) the information filed with the
13Illinois Department, or filed with the clerk of the circuit
14court and provided to the Illinois Department, under the
15provisions of Sections 10-10.5 and 10-11.2 of this Code,
16Section 505.3 of the Illinois Marriage and Dissolution of
17Marriage Act, Section 30 of the Non-Support Punishment Act, and
18Section 803 of the Illinois Parentage Act of 2013, and Section
1914.1 of the Illinois Parentage Act of 1984, and (ii) any other
20information required under Title IV, Part D of the Social
21Security Act or by the federal Department of Health and Human
22Services.
23    (b) (Blank).
24    (c) The Illinois Department shall maintain the following
25payment information on child support orders for parties

 

 

09800HB1243ham001- 122 -LRB098 03015 HEP 40651 a

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

 

 

09800HB1243ham001- 123 -LRB098 03015 HEP 40651 a

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

 

 

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1    carry out (or assist other states to carry out) the
2    purposes of Title IV, Part D of the Social Security Act.
3        (5) Disclosing information to any other entities as
4    required under Title IV, Part D of the Social Security Act.
5    (f) The Illinois Department shall adopt rules establishing
6safeguards, applicable to all confidential information
7included in the State Case Registry, that are designed to
8protect the privacy rights of persons concerning whom
9information is on record in the State Case Registry. Such
10safeguards shall include, but not be limited to the following:
11        (1) Prohibitions against the release of information on
12    the whereabouts of one party or the child to another party
13    against whom a protective order with respect to the former
14    party or the child has been entered.
15        (2) Prohibitions against the release of information on
16    the whereabouts of one party or the child to another party
17    if the Illinois Department has reasonable evidence of
18    domestic violence or child abuse (that is, allegations of
19    domestic violence or child abuse, unless the Illinois
20    Department has an independent, reasonable basis to find the
21    person making the allegation not credible) to the former
22    party or child by the party requesting information.
23        (3) Prohibitions against the release of information on
24    the whereabouts of one party or the child to another person
25    if the Illinois Department has reason to believe the
26    release of information to that person may result in

 

 

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1    physical or emotional harm to the party or child.
2(Source: P.A. 92-463, eff. 8-22-01.)
 
3    (305 ILCS 5/12-4.7c)
4    Sec. 12-4.7c. Exchange of information after July 1, 1997.
5    (a) The Department of Human Services shall exchange with
6the Department of Healthcare and Family Services information
7that may be necessary for the enforcement of child support
8orders entered pursuant to Sections 10-10 and 10-11 of this
9Code or pursuant to the Illinois Marriage and Dissolution of
10Marriage Act, the Non-Support of Spouse and Children Act, the
11Non-Support Punishment Act, the Revised Uniform Reciprocal
12Enforcement of Support Act, the Uniform Interstate Family
13Support Act, or the Illinois Parentage Act of 1984, or the
14Illinois Parentage Act of 2013.
15    (b) Notwithstanding any provisions in this Code to the
16contrary, the Department of Human Services shall not be liable
17to any person for any disclosure of information to the
18Department of Healthcare and Family Services (formerly
19Illinois Department of Public Aid) under subsection (a) or for
20any other action taken in good faith to comply with the
21requirements of subsection (a).
22(Source: P.A. 95-331, eff. 8-21-07.)
 
23    Section 957. The Genetic Information Privacy Act is amended
24by changing Sections 22 and 30 as follows:
 

 

 

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1    (410 ILCS 513/22)
2    Sec. 22. Tests to determine inherited characteristics in
3paternity proceedings. Nothing in this Act shall be construed
4to affect or restrict in any way the ordering of or use of
5results from deoxyribonucleic acid (DNA) testing or other tests
6to determine inherited characteristics by the court in a
7judicial proceeding under the Illinois Parentage Act of 1984 or
8under the Illinois Parentage Act of 2013 on and after the
9effective date of that Act or by the Department of Healthcare
10and Family Services in an administrative paternity proceeding
11under Article X of the Illinois Public Aid Code and rules
12promulgated under that Article.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    (410 ILCS 513/30)
15    Sec. 30. Disclosure of person tested and test results.
16    (a) No person may disclose or be compelled to disclose the
17identity of any person upon whom a genetic test is performed or
18the results of a genetic test in a manner that permits
19identification of the subject of the test, except to the
20following persons:
21        (1) The subject of the test or the subject's legally
22    authorized representative. This paragraph does not create
23    a duty or obligation under which a health care provider
24    must notify the subject's spouse or legal guardian of the

 

 

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1    test results, and no such duty or obligation shall be
2    implied. No civil liability or criminal sanction under this
3    Act shall be imposed for any disclosure or nondisclosure of
4    a test result to a spouse by a physician acting in good
5    faith under this paragraph. For the purpose of any
6    proceedings, civil or criminal, the good faith of any
7    physician acting under this paragraph shall be presumed.
8        (2) Any person designated in a specific written legally
9    effective release of the test results executed by the
10    subject of the test or the subject's legally authorized
11    representative.
12        (3) An authorized agent or employee of a health
13    facility or health care provider if the health facility or
14    health care provider itself is authorized to obtain the
15    test results, the agent or employee provides patient care,
16    and the agent or employee has a need to know the
17    information in order to conduct the tests or provide care
18    or treatment.
19        (4) A health facility or health care provider that
20    procures, processes, distributes, or uses:
21            (A) a human body part from a deceased person with
22        respect to medical information regarding that person;
23        or
24            (B) semen provided prior to the effective date of
25        this Act for the purpose of artificial insemination.
26        (5) Health facility staff committees for the purposes

 

 

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1    of conducting program monitoring, program evaluation, or
2    service reviews.
3        (6) In the case of a minor under 18 years of age, the
4    health care provider who ordered the test shall make a
5    reasonable effort to notify the minor's parent or legal
6    guardian if, in the professional judgment of the health
7    care provider, notification would be in the best interest
8    of the minor and the health care provider has first sought
9    unsuccessfully to persuade the minor to notify the parent
10    or legal guardian or after a reasonable time after the
11    minor has agreed to notify the parent or legal guardian,
12    the health care provider has reason to believe that the
13    minor has not made the notification. This paragraph shall
14    not create a duty or obligation under which a health care
15    provider must notify the minor's parent or legal guardian
16    of the test results, nor shall a duty or obligation be
17    implied. No civil liability or criminal sanction under this
18    Act shall be imposed for any notification or
19    non-notification of a minor's test result by a health care
20    provider acting in good faith under this paragraph. For the
21    purpose of any proceeding, civil or criminal, the good
22    faith of any health care provider acting under this
23    paragraph shall be presumed.
24        (7) All information and records held by a State agency
25    or local health authority pertaining to genetic
26    information shall be strictly confidential and exempt from

 

 

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1    copying and inspection under the Freedom of Information
2    Act. The information and records shall not be released or
3    made public by the State agency or local health authority
4    and shall not be admissible as evidence nor discoverable in
5    any action of any kind in any court or before any tribunal,
6    board, agency, or person and shall be treated in the same
7    manner as the information and those records subject to the
8    provisions of Part 21 of Article VIII of the Code of Civil
9    Procedure except under the following circumstances:
10            (A) when made with the written consent of all
11        persons to whom the information pertains;
12            (B) when authorized by Section 5-4-3 of the Unified
13        Code of Corrections;
14            (C) when made for the sole purpose of implementing
15        the Newborn Metabolic Screening Act and rules; or
16            (D) when made under the authorization of the
17        Illinois Parentage Act of 2013 1984.
18    Disclosure shall be limited to those who have a need to
19know the information, and no additional disclosures may be
20made.
21    (b) Disclosure by an insurer in accordance with the
22requirements of the Article XL of the Illinois Insurance Code
23shall be deemed compliance with this Section.
24(Source: P.A. 96-328, eff. 8-11-09.)
 
25    Section 958. The Vital Records Act is amended by changing

 

 

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1Sections 12 and 24 as follows:
 
2    (410 ILCS 535/12)
3    Sec. 12. Live births; place of registration.
4    (1) Each live birth which occurs in this State shall be
5registered with the local or subregistrar of the district in
6which the birth occurred as provided in this Section, within 7
7days after the birth. When a birth occurs on a moving
8conveyance, the city, village, township, or road district in
9which the child is first removed from the conveyance shall be
10considered the place of birth and a birth certificate shall be
11filed in the registration district in which the place is
12located.
13    (2) When a birth occurs in an institution, the person in
14charge of the institution or his designated representative
15shall obtain and record all the personal and statistical
16particulars relative to the parents of the child that are
17required to properly complete the live birth certificate; shall
18secure the required personal signatures on the hospital
19worksheet; shall prepare the certificate from this worksheet;
20and shall file the certificate with the local registrar. The
21institution shall retain the hospital worksheet permanently or
22as otherwise specified by rule. The physician in attendance
23shall verify or provide the date of birth and medical
24information required by the certificate, within 24 hours after
25the birth occurs.

 

 

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

 

 

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1upon the birth of a child to a woman who was married at the time
2of conception or birth and whose husband is not the biological
3father of the child, the institution at the time of birth and
4the local registrar or county clerk after the birth shall do
5the following:
6        (a) Provide (i) an opportunity for the child's mother
7    and father to sign an acknowledgment of parentage and (ii)
8    if the presumed father is not the biological father, an
9    opportunity for the mother and presumed father to sign a
10    denial of paternity. The signing and witnessing of the
11    acknowledgment of parentage or, if the presumed father of
12    the child is not the biological father, the acknowledgment
13    of parentage and denial of paternity conclusively
14    establishes a parent and child relationship in accordance
15    with Sections 5 and 6 of the Illinois Parentage Act of 1984
16    and with the Illinois Parentage Act of 2013 on and after
17    the effective date of that Act.
18        The Department of Healthcare and Family Services shall
19    furnish the acknowledgment of parentage and denial of
20    paternity form to institutions, county clerks, and State
21    and local registrars' offices. The form shall include
22    instructions to send the original signed and witnessed
23    acknowledgment of parentage and denial of paternity to the
24    Department of Healthcare and Family Services. The
25    acknowledgement of paternity and denial of paternity form
26    shall also include a statement informing the mother, the

 

 

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1    alleged father, and the presumed father, if any, that they
2    have the right to request deoxyribonucleic acid (DNA) tests
3    regarding the issue of the child's paternity and that by
4    signing the form, they expressly waive such tests. The
5    statement shall be set forth in bold-face capital letters
6    not less than 0.25 inches in height.
7        (b) Provide the following documents, furnished by the
8    Department of Healthcare and Family Services, to the
9    child's mother, biological father, and (if the person
10    presumed to be the child's father is not the biological
11    father) presumed father for their review at the time the
12    opportunity is provided to establish a parent and child
13    relationship:
14            (i) An explanation of the implications of,
15        alternatives to, legal consequences of, and the rights
16        and responsibilities that arise from signing an
17        acknowledgment of parentage and, if necessary, a
18        denial of paternity, including an explanation of the
19        parental rights and responsibilities of child support,
20        visitation, custody, retroactive support, health
21        insurance coverage, and payment of birth expenses.
22            (ii) An explanation of the benefits of having a
23        child's parentage established and the availability of
24        parentage establishment and child support enforcement
25        services.
26            (iii) A request for an application for child

 

 

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

 

 

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1Illinois Parentage Act of 2013 on and after the effective date
2of that Act. The Department of Healthcare and Family Services
3shall furnish the rescission of parentage form to institutions,
4county clerks, and State and local registrars' offices. The
5form shall include instructions to send the original signed and
6witnessed rescission of parentage to the Department of
7Healthcare and Family Services.
8    (7) An acknowledgment of paternity signed pursuant to
9Section 6 of the Illinois Parentage Act of 1984 or Section 302
10of the Illinois Parentage Act of 2013 on and after the
11effective date of that Act may be challenged in court only on
12the basis of fraud, duress, or material mistake of fact, with
13the burden of proof upon the challenging party. Pending outcome
14of a challenge to the acknowledgment of paternity, the legal
15responsibilities of the signatories shall remain in full force
16and effect, except upon order of the court upon a showing of
17good cause.
18    (8) When the process for acknowledgment of parentage as
19provided for under subsection (5) establishes the paternity of
20a child whose certificate of birth is on file in another state,
21the Department of Healthcare and Family Services shall forward
22a copy of the acknowledgment of parentage, the denial of
23paternity, if applicable, and the rescission of parentage, if
24applicable, to the birth record agency of the state where the
25child's certificate of birth is on file.
26    (9) In the event the parent-child relationship has been

 

 

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1established in accordance with subdivision (a)(1) of Section 6
2of the Parentage Act of 1984, the names of the biological
3mother and biological father so established shall be entered on
4the child's birth certificate, and the names of the surrogate
5mother and surrogate mother's husband, if any, shall not be on
6the birth certificate.
7(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
896-474, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
9    (410 ILCS 535/24)  (from Ch. 111 1/2, par. 73-24)
10    Sec. 24. (1) To protect the integrity of vital records, to
11insure their proper use, and to insure the efficient and proper
12administration of the vital records system, access to vital
13records, and indexes thereof, including vital records in the
14custody of local registrars and county clerks originating prior
15to January 1, 1916, is limited to the custodian and his
16employees, and then only for administrative purposes, except
17that the indexes of those records in the custody of local
18registrars and county clerks, originating prior to January 1,
191916, shall be made available to persons for the purpose of
20genealogical research. Original, photographic or
21microphotographic reproductions of original records of births
22100 years old and older and deaths 50 years old and older, and
23marriage records 75 years old and older on file in the State
24Office of Vital Records and in the custody of the county clerks
25may be made available for inspection in the Illinois State

 

 

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1Archives reference area, Illinois Regional Archives
2Depositories, and other libraries approved by the Illinois
3State Registrar and the Director of the Illinois State
4Archives, provided that the photographic or microphotographic
5copies are made at no cost to the county or to the State of
6Illinois. It is unlawful for any custodian to permit inspection
7of, or to disclose information contained in, vital records, or
8to copy or permit to be copied, all or part of any such record
9except as authorized by this Act or regulations adopted
10pursuant thereto.
11    (2) The State Registrar of Vital Records, or his agent, and
12any municipal, county, multi-county, public health district,
13or regional health officer recognized by the Department may
14examine vital records for the purpose only of carrying out the
15public health programs and responsibilities under his
16jurisdiction.
17    (3) The State Registrar of Vital Records, may disclose, or
18authorize the disclosure of, data contained in the vital
19records when deemed essential for bona fide research purposes
20which are not for private gain.
21    This amendatory Act of 1973 does not apply to any home rule
22unit.
23    (4) The State Registrar shall exchange with the Department
24of Healthcare and Family Services information that may be
25necessary for the establishment of paternity and the
26establishment, modification, and enforcement of child support

 

 

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1orders entered pursuant to the Illinois Public Aid Code, the
2Illinois Marriage and Dissolution of Marriage Act, the
3Non-Support of Spouse and Children Act, the Non-Support
4Punishment Act, the Revised Uniform Reciprocal Enforcement of
5Support Act, the Uniform Interstate Family Support Act, or the
6Illinois Parentage Act of 1984, or the Illinois Parentage Act
7of 2013. Notwithstanding any provisions in this Act to the
8contrary, the State Registrar shall not be liable to any person
9for any disclosure of information to the Department of
10Healthcare and Family Services (formerly Illinois Department
11of Public Aid) under this subsection or for any other action
12taken in good faith to comply with the requirements of this
13subsection.
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    Section 959. The Illinois Vehicle Code is amended by
16changing Sections 2-109.1 and 7-703 as follows:
 
17    (625 ILCS 5/2-109.1)
18    Sec. 2-109.1. Exchange of information.
19    (a) The Secretary of State shall exchange information with
20the Department of Healthcare and Family Services which may be
21necessary for the establishment of paternity and the
22establishment, modification, and enforcement of child support
23orders pursuant to the Illinois Public Aid Code, the Illinois
24Marriage and Dissolution of Marriage Act, the Non-Support of

 

 

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1Spouse and Children Act, the Non-Support Punishment Act, the
2Revised Uniform Reciprocal Enforcement of Support Act, the
3Uniform Interstate Family Support Act, or the Illinois
4Parentage Act of 1984, or the Illinois Parentage Act of 2013.
5    (b) Notwithstanding any provisions in this Code to the
6contrary, the Secretary of State shall not be liable to any
7person for any disclosure of information to the Department of
8Healthcare and Family Services (formerly Illinois Department
9of Public Aid) under subsection (a) or for any other action
10taken in good faith to comply with the requirements of
11subsection (a).
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    (625 ILCS 5/7-703)
14    Sec. 7-703. Courts to report non-payment of court ordered
15support or orders concerning driving privileges.
16    (a) The clerk of the circuit court, as provided in
17subsection (b) of Section 505 of the Illinois Marriage and
18Dissolution of Marriage Act or as provided in Section 15 of the
19Illinois Parentage Act of 2013 1984, shall forward to the
20Secretary of State, on a form prescribed by the Secretary, an
21authenticated document certifying the court's order suspending
22the driving privileges of the obligor. For any such
23certification, the clerk of the court shall charge the obligor
24a fee of $5 as provided in the Clerks of Courts Act.
25    (b) If an obligor has been adjudicated in arrears in court

 

 

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1ordered child support payments in an amount equal to 90 days
2obligation or more but has not been held in contempt of court,
3the circuit court may order that the obligor's driving
4privileges be suspended. If the circuit court orders that the
5obligor's driving privileges be suspended, it shall forward to
6the Secretary of State, on a form prescribed by the Secretary,
7an authenticated document certifying the court's order
8suspending the driving privileges of the obligor. The
9authenticated document shall be forwarded to the Secretary of
10State by the court no later than 45 days after entry of the
11order suspending the obligor's driving privileges.
12    (c) The clerk of the circuit court, as provided in
13subsection (c-1) of Section 607.1 of the Illinois Marriage and
14Dissolution of Marriage Act, shall forward to the Secretary of
15State, on a form prescribed by the Secretary, an authenticated
16document certifying the court's order suspending the driving
17privileges of the party. For any such certification, the clerk
18of the court shall charge the party a fee of $5 as provided in
19the Clerks of Courts Act.
20    (d) If a party has been adjudicated to have engaged in
21visitation abuse, the circuit court may order that the party's
22driving privileges be suspended. If the circuit court orders
23that the party's driving privileges be suspended, it shall
24forward to the Secretary of State, on a form prescribed by the
25Secretary, an authenticated document certifying the court's
26order suspending the driving privileges of the party. The

 

 

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1authenticated document shall be forwarded to the Secretary of
2State by the court no later than 45 days after entry of the
3order suspending the party's driving privileges.
4(Source: P.A. 97-1047, eff. 8-21-12.)
 
5    Section 960. The Clerks of Courts Act is amended by
6changing Section 27.1a as follows:
 
7    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
8    Sec. 27.1a. The fees of the clerks of the circuit court in
9all counties having a population of not more than 500,000
10inhabitants in the instances described in this Section shall be
11as provided in this Section. In those instances where a minimum
12and maximum fee is stated, the clerk of the circuit court must
13charge the minimum fee listed and may charge up to the maximum
14fee if the county board has by resolution increased the fee.
15The fees shall be paid in advance and shall be as follows:
16(a) Civil Cases.
17        The fee for filing a complaint, petition, or other
18    pleading initiating a civil action, with the following
19    exceptions, shall be a minimum of $40 and a maximum of
20    $160.
21            (A) When the amount of money or damages or the
22        value of personal property claimed does not exceed
23        $250, $10.
24            (B) When that amount exceeds $250 but does not

 

 

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1        exceed $500, a minimum of $10 and a maximum of $20.
2            (C) When that amount exceeds $500 but does not
3        exceed $2500, a minimum of $25 and a maximum of $40.
4            (D) When that amount exceeds $2500 but does not
5        exceed $15,000, a minimum of $25 and a maximum of $75.
6            (E) For the exercise of eminent domain, a minimum
7        of $45 and a maximum of $150. For each additional lot
8        or tract of land or right or interest therein subject
9        to be condemned, the damages in respect to which shall
10        require separate assessment by a jury, a minimum of $45
11        and a maximum of $150.
12(a-1) Family.
13        For filing a petition under the Juvenile Court Act of
14    1987, $25.
15        For filing a petition for a marriage license, $10.
16        For performing a marriage in court, $10.
17        For filing a petition under the Illinois Parentage Act
18    of 2013 1984, $40.
19(b) Forcible Entry and Detainer.
20        In each forcible entry and detainer case when the
21    plaintiff seeks possession only or unites with his or her
22    claim for possession of the property a claim for rent or
23    damages or both in the amount of $15,000 or less, a minimum
24    of $10 and a maximum of $50. When the plaintiff unites his
25    or her claim for possession with a claim for rent or
26    damages or both exceeding $15,000, a minimum of $40 and a

 

 

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1    maximum of $160.
2(c) Counterclaim or Joining Third Party Defendant.
3        When any defendant files a counterclaim as part of his
4    or her answer or otherwise or joins another party as a
5    third party defendant, or both, the defendant shall pay a
6    fee for each counterclaim or third party action in an
7    amount equal to the fee he or she would have had to pay had
8    he or she brought a separate action for the relief sought
9    in the counterclaim or against the third party defendant,
10    less the amount of the appearance fee, if that has been
11    paid.
12(d) Confession of Judgment.
13        In a confession of judgment when the amount does not
14    exceed $1500, a minimum of $20 and a maximum of $50. When
15    the amount exceeds $1500, but does not exceed $15,000, a
16    minimum of $40 and a maximum of $115. When the amount
17    exceeds $15,000, a minimum of $40 and a maximum of $200.
18(e) Appearance.
19        The fee for filing an appearance in each civil case
20    shall be a minimum of $15 and a maximum of $60, except as
21    follows:
22            (A) When the plaintiff in a forcible entry and
23        detainer case seeks possession only, a minimum of $10
24        and a maximum of $50.
25            (B) When the amount in the case does not exceed
26        $1500, a minimum of $10 and a maximum of $30.

 

 

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1            (C) When that amount exceeds $1500 but does not
2        exceed $15,000, a minimum of $15 and a maximum of $60.
3(f) Garnishment, Wage Deduction, and Citation.
4        In garnishment affidavit, wage deduction affidavit,
5    and citation petition when the amount does not exceed
6    $1,000, a minimum of $5 and a maximum of $15; when the
7    amount exceeds $1,000 but does not exceed $5,000, a minimum
8    of $5 and a maximum of $30; and when the amount exceeds
9    $5,000, a minimum of $5 and a maximum of $50.
10(g) Petition to Vacate or Modify.
11        (1) Petition to vacate or modify any final judgment or
12    order of court, except in forcible entry and detainer cases
13    and small claims cases or a petition to reopen an estate,
14    to modify, terminate, or enforce a judgment or order for
15    child or spousal support, or to modify, suspend, or
16    terminate an order for withholding, if filed before 30 days
17    after the entry of the judgment or order, a minimum of $20
18    and a maximum of $50.
19        (2) Petition to vacate or modify any final judgment or
20    order of court, except a petition to modify, terminate, or
21    enforce a judgment or order for child or spousal support or
22    to modify, suspend, or terminate an order for withholding,
23    if filed later than 30 days after the entry of the judgment
24    or order, a minimum of $20 and a maximum of $75.
25        (3) Petition to vacate order of bond forfeiture, a
26    minimum of $10 and a maximum of $40.

 

 

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1(h) Mailing.
2        When the clerk is required to mail, the fee will be a
3    minimum of $2 and a maximum of $10, plus the cost of
4    postage.
5(i) Certified Copies.
6        Each certified copy of a judgment after the first,
7    except in small claims and forcible entry and detainer
8    cases, a minimum of $2 and a maximum of $10.
9(j) Habeas Corpus.
10        For filing a petition for relief by habeas corpus, a
11    minimum of $60 and a maximum of $100.
12(k) Certification, Authentication, and Reproduction.
13        (1) Each certification or authentication for taking
14    the acknowledgment of a deed or other instrument in writing
15    with the seal of office, a minimum of $2 and a maximum of
16    $6.
17        (2) Court appeals when original documents are
18    forwarded, under 100 pages, plus delivery and costs, a
19    minimum of $20 and a maximum of $60.
20        (3) Court appeals when original documents are
21    forwarded, over 100 pages, plus delivery and costs, a
22    minimum of $50 and a maximum of $150.
23        (4) Court appeals when original documents are
24    forwarded, over 200 pages, an additional fee of a minimum
25    of 20 cents and a maximum of 25 cents per page.
26        (5) For reproduction of any document contained in the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (C) For filing a petition to sell Real Estate, $50.
2        (2) For administration of the estate of a ward, a
3    minimum of $50 and a maximum of $75, plus the fees
4    specified in subsection (v)(3), except:
5            (A) When the value of the real and personal
6        property does not exceed $15,000, the fee shall be a
7        minimum of $25 and a maximum of $40.
8            (B) When (i) letters of office are issued to a
9        guardian of the person or persons, but not of the
10        estate or (ii) letters of office are issued in the
11        estate of a ward without administration of the estate,
12        including filing or joining in the filing of a tax
13        return or releasing a mortgage or consenting to the
14        marriage of the ward, the fee shall be a minimum of $10
15        and a maximum of $20.
16            (C) For filing a Petition to sell Real Estate, $50.
17        (3) In addition to the fees payable under subsection
18    (v)(1) or (v)(2) of this Section, the following fees are
19    payable:
20            (A) For each account (other than one final account)
21        filed in the estate of a decedent, or ward, a minimum
22        of $10 and a maximum of $25.
23            (B) For filing a claim in an estate when the amount
24        claimed is $150 or more but less than $500, a minimum
25        of $10 and a maximum of $25; when the amount claimed is
26        $500 or more but less than $10,000, a minimum of $10

 

 

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1        and a maximum of $40; when the amount claimed is
2        $10,000 or more, a minimum of $10 and a maximum of $60;
3        provided that the court in allowing a claim may add to
4        the amount allowed the filing fee paid by the claimant.
5            (C) For filing in an estate a claim, petition, or
6        supplemental proceeding based upon an action seeking
7        equitable relief including the construction or contest
8        of a will, enforcement of a contract to make a will,
9        and proceedings involving testamentary trusts or the
10        appointment of testamentary trustees, a minimum of $40
11        and a maximum of $60.
12            (D) For filing in an estate (i) the appearance of
13        any person for the purpose of consent or (ii) the
14        appearance of an executor, administrator,
15        administrator to collect, guardian, guardian ad litem,
16        or special administrator, no fee.
17            (E) Except as provided in subsection (v)(3)(D),
18        for filing the appearance of any person or persons, a
19        minimum of $10 and a maximum of $30.
20            (F) For each jury demand, a minimum of $62.50 and a
21        maximum of $137.50.
22            (G) For disposition of the collection of a judgment
23        or settlement of an action or claim for wrongful death
24        of a decedent or of any cause of action of a ward, when
25        there is no other administration of the estate, a
26        minimum of $30 and a maximum of $50, less any amount

 

 

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1        paid under subsection (v)(1)(B) or (v)(2)(B) except
2        that if the amount involved does not exceed $5,000, the
3        fee, including any amount paid under subsection
4        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
5        maximum of $20.
6            (H) For each certified copy of letters of office,
7        of court order or other certification, a minimum of $1
8        and a maximum of $2, plus a minimum of 50 cents and a
9        maximum of $1 per page in excess of 3 pages for the
10        document certified.
11            (I) For each exemplification, a minimum of $1 and a
12        maximum of $2, plus the fee for certification.
13        (4) The executor, administrator, guardian, petitioner,
14    or other interested person or his or her attorney shall pay
15    the cost of publication by the clerk directly to the
16    newspaper.
17        (5) The person on whose behalf a charge is incurred for
18    witness, court reporter, appraiser, or other miscellaneous
19    fee shall pay the same directly to the person entitled
20    thereto.
21        (6) The executor, administrator, guardian, petitioner,
22    or other interested person or his or her attorney shall pay
23    to the clerk all postage charges incurred by the clerk in
24    mailing petitions, orders, notices, or other documents
25    pursuant to the provisions of the Probate Act of 1975.
26(w) Criminal and Quasi-Criminal Costs and Fees.

 

 

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1        (1) The clerk shall be entitled to costs in all
2    criminal and quasi-criminal cases from each person
3    convicted or sentenced to supervision therein as follows:
4            (A) Felony complaints, a minimum of $40 and a
5        maximum of $100.
6            (B) Misdemeanor complaints, a minimum of $25 and a
7        maximum of $75.
8            (C) Business offense complaints, a minimum of $25
9        and a maximum of $75.
10            (D) Petty offense complaints, a minimum of $25 and
11        a maximum of $75.
12            (E) Minor traffic or ordinance violations, $10.
13            (F) When court appearance required, $15.
14            (G) Motions to vacate or amend final orders, a
15        minimum of $20 and a maximum of $40.
16            (H) Motions to vacate bond forfeiture orders, a
17        minimum of $20 and a maximum of $40.
18            (I) Motions to vacate ex parte judgments, whenever
19        filed, a minimum of $20 and a maximum of $40.
20            (J) Motions to vacate judgment on forfeitures,
21        whenever filed, a minimum of $20 and a maximum of $40.
22            (K) Motions to vacate "failure to appear" or
23        "failure to comply" notices sent to the Secretary of
24        State, a minimum of $20 and a maximum of $40.
25        (2) In counties having a population of not more than
26    500,000 inhabitants, when the violation complaint is

 

 

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

 

 

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1    original documents are forwarded, a minimum of $10 and a
2    maximum of $40.
3(z) Tax objection complaints.
4        For each tax objection complaint containing one or more
5    tax objections, regardless of the number of parcels
6    involved or the number of taxpayers joining on the
7    complaint, a minimum of $10 and a maximum of $50.
8(aa) Tax Deeds.
9        (1) Petition for tax deed, if only one parcel is
10    involved, a minimum of $45 and a maximum of $200.
11        (2) For each additional parcel, add a fee of a minimum
12    of $10 and a maximum of $60.
13(bb) Collections.
14        (1) For all collections made of others, except the
15    State and county and except in maintenance or child support
16    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
17    of the amount collected and turned over.
18        (2) Interest earned on any funds held by the clerk
19    shall be turned over to the county general fund as an
20    earning of the office.
21        (3) For any check, draft, or other bank instrument
22    returned to the clerk for non-sufficient funds, account
23    closed, or payment stopped, $25.
24        (4) In child support and maintenance cases, the clerk,
25    if authorized by an ordinance of the county board, may
26    collect an annual fee of up to $36 from the person making

 

 

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

 

 

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1        (1) The fee requirements of this Section shall not
2    apply to police departments or other law enforcement
3    agencies. In this Section, "law enforcement agency" means
4    an agency of the State or a unit of local government which
5    is vested by law or ordinance with the duty to maintain
6    public order and to enforce criminal laws or ordinances.
7    "Law enforcement agency" also means the Attorney General or
8    any state's attorney.
9        (2) No fee provided herein shall be charged to any unit
10    of local government or school district.
11        (3) The fee requirements of this Section shall not
12    apply to any action instituted under subsection (b) of
13    Section 11-31-1 of the Illinois Municipal Code by a private
14    owner or tenant of real property within 1200 feet of a
15    dangerous or unsafe building seeking an order compelling
16    the owner or owners of the building to take any of the
17    actions authorized under that subsection.
18        (4) The fee requirements of this Section shall not
19    apply to the filing of any commitment petition or petition
20    for an order authorizing the administration of
21    psychotropic medication or electroconvulsive therapy under
22    the Mental Health and Developmental Disabilities Code.
23(ee) Adoptions.
24        (1) For an adoption...............................$65
25        (2) Upon good cause shown, the court may waive the
26    adoption filing fee in a special needs adoption. The term

 

 

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1    "special needs adoption" shall have the meaning ascribed to
2    it by the Illinois Department of Children and Family
3    Services.
4(ff) Adoption exemptions.
5        No fee other than that set forth in subsection (ee)
6    shall be charged to any person in connection with an
7    adoption proceeding nor may any fee be charged for
8    proceedings for the appointment of a confidential
9    intermediary under the Adoption Act.
10(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 
11    Section 961. The Juvenile Court Act of 1987 is amended by
12changing Sections 1-3 and 6-9 as follows:
 
13    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
14    Sec. 1-3. Definitions. Terms used in this Act, unless the
15context otherwise requires, have the following meanings
16ascribed to them:
17    (1) "Adjudicatory hearing" means a hearing to determine
18whether the allegations of a petition under Section 2-13, 3-15
19or 4-12 that a minor under 18 years of age is abused, neglected
20or dependent, or requires authoritative intervention, or
21addicted, respectively, are supported by a preponderance of the
22evidence or whether the allegations of a petition under Section
235-520 that a minor is delinquent are proved beyond a reasonable
24doubt.

 

 

09800HB1243ham001- 159 -LRB098 03015 HEP 40651 a

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

 

 

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

 

 

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

 

 

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1    (9.1) "Mentally capable adult relative" means a person 21
2years of age or older who is not suffering from a mental
3illness that prevents him or her from providing the care
4necessary to safeguard the physical safety and welfare of a
5minor who is left in that person's care by the parent or
6parents or other person responsible for the minor's welfare.
7    (10) "Minor" means a person under the age of 21 years
8subject to this Act.
9    (11) "Parent" means the father or mother of a child and
10includes any adoptive parent. It also includes a man (i) whose
11paternity is presumed or has been established under the law of
12this or another jurisdiction or (ii) who has registered with
13the Putative Father Registry in accordance with Section 12.1 of
14the Adoption Act and whose paternity has not been ruled out
15under the law of this or another jurisdiction. It does not
16include a parent whose rights in respect to the minor have been
17terminated in any manner provided by law. It does not include a
18person who has been or could be determined to be a parent under
19the Illinois Parentage Act of 1984 or the Illinois Parentage
20Act of 2013, or similar parentage law in any other state, if
21that person has been convicted of or pled nolo contendere to a
22crime that resulted in the conception of the child under
23Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
2412-14.1, subsection (a) or (b) (but not subsection (c)) of
25Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
26(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012, or similar
2statute in another jurisdiction unless upon motion of any
3party, other than the offender, to the juvenile court
4proceedings the court finds it is in the child's best interest
5to deem the offender a parent for purposes of the juvenile
6court proceedings.
7    (11.1) "Permanency goal" means a goal set by the court as
8defined in subdivision (2) of Section 2-28.
9    (11.2) "Permanency hearing" means a hearing to set the
10permanency goal and to review and determine (i) the
11appropriateness of the services contained in the plan and
12whether those services have been provided, (ii) whether
13reasonable efforts have been made by all the parties to the
14service plan to achieve the goal, and (iii) whether the plan
15and goal have been achieved.
16    (12) "Petition" means the petition provided for in Section
172-13, 3-15, 4-12 or 5-520, including any supplemental petitions
18thereunder in Section 3-15, 4-12 or 5-520.
19    (12.1) "Physically capable adult relative" means a person
2021 years of age or older who does not have a severe physical
21disability or medical condition, or is not suffering from
22alcoholism or drug addiction, that prevents him or her from
23providing the care necessary to safeguard the physical safety
24and welfare of a minor who is left in that person's care by the
25parent or parents or other person responsible for the minor's
26welfare.

 

 

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1    (12.2) "Post Permanency Sibling Contact Agreement" has the
2meaning ascribed to the term in Section 7.4 of the Children and
3Family Services Act.
4    (13) "Residual parental rights and responsibilities" means
5those rights and responsibilities remaining with the parent
6after the transfer of legal custody or guardianship of the
7person, including, but not necessarily limited to, the right to
8reasonable visitation (which may be limited by the court in the
9best interests of the minor as provided in subsection (8)(b) of
10this Section), the right to consent to adoption, the right to
11determine the minor's religious affiliation, and the
12responsibility for his support.
13    (14) "Shelter" means the temporary care of a minor in
14physically unrestricting facilities pending court disposition
15or execution of court order for placement.
16    (14.1) "Sibling Contact Support Plan" has the meaning
17ascribed to the term in Section 7.4 of the Children and Family
18Services Act.
19    (15) "Station adjustment" means the informal handling of an
20alleged offender by a juvenile police officer.
21    (16) "Ward of the court" means a minor who is so adjudged
22under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
23requisite jurisdictional facts, and thus is subject to the
24dispositional powers of the court under this Act.
25    (17) "Juvenile police officer" means a sworn police officer
26who has completed a Basic Recruit Training Course, has been

 

 

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1assigned to the position of juvenile police officer by his or
2her chief law enforcement officer and has completed the
3necessary juvenile officers training as prescribed by the
4Illinois Law Enforcement Training Standards Board, or in the
5case of a State police officer, juvenile officer training
6approved by the Director of the Department of State Police.
7    (18) "Secure child care facility" means any child care
8facility licensed by the Department of Children and Family
9Services to provide secure living arrangements for children
10under 18 years of age who are subject to placement in
11facilities under the Children and Family Services Act and who
12are not subject to placement in facilities for whom standards
13are established by the Department of Corrections under Section
143-15-2 of the Unified Code of Corrections. "Secure child care
15facility" also means a facility that is designed and operated
16to ensure that all entrances and exits from the facility, a
17building, or a distinct part of the building are under the
18exclusive control of the staff of the facility, whether or not
19the child has the freedom of movement within the perimeter of
20the facility, building, or distinct part of the building.
21(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11;
2297-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
 
23    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
24    Sec. 6-9. Enforcement of liability of parents and others.
25    (1) If parentage is at issue in any proceeding under this

 

 

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1Act, other than cases involving those exceptions to the
2definition of parent set out in item (11) in Section 1-3, then
3the Illinois Parentage Act of 2013 1984 shall apply and the
4court shall enter orders consistent with that Act. If it
5appears at any hearing that a parent or any other person named
6in the petition, liable under the law for the support of the
7minor, is able to contribute to his or her support, the court
8shall enter an order requiring that parent or other person to
9pay the clerk of the court, or to the guardian or custodian
10appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
11reasonable sum from time to time for the care, support and
12necessary special care or treatment, of the minor. If the court
13determines at any hearing that a parent or any other person
14named in the petition, liable under the law for the support of
15the minor, is able to contribute to help defray the costs
16associated with the minor's detention in a county or regional
17detention center, the court shall enter an order requiring that
18parent or other person to pay the clerk of the court a
19reasonable sum for the care and support of the minor. The court
20may require reasonable security for the payments. Upon failure
21to pay, the court may enforce obedience to the order by a
22proceeding as for contempt of court.
23    If it appears that the person liable for the support of the
24minor is able to contribute to legal fees for representation of
25the minor, the court shall enter an order requiring that person
26to pay a reasonable sum for the representation, to the attorney

 

 

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1providing the representation or to the clerk of the court for
2deposit in the appropriate account or fund. The sum may be paid
3as the court directs, and the payment thereof secured and
4enforced as provided in this Section for support.
5    If it appears at the detention or shelter care hearing of a
6minor before the court under Section 5-501 that a parent or any
7other person liable for support of the minor is able to
8contribute to his or her support, that parent or other person
9shall be required to pay a fee for room and board at a rate not
10to exceed $10 per day established, with the concurrence of the
11chief judge of the judicial circuit, by the county board of the
12county in which the minor is detained unless the court
13determines that it is in the best interest and welfare of the
14minor to waive the fee. The concurrence of the chief judge
15shall be in the form of an administrative order. Each week, on
16a day designated by the clerk of the circuit court, that parent
17or other person shall pay the clerk for the minor's room and
18board. All fees for room and board collected by the circuit
19court clerk shall be disbursed into the separate county fund
20under Section 6-7.
21    Upon application, the court shall waive liability for
22support or legal fees under this Section if the parent or other
23person establishes that he or she is indigent and unable to pay
24the incurred liability, and the court may reduce or waive
25liability if the parent or other person establishes
26circumstances showing that full payment of support or legal

 

 

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

 

 

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

 

 

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1not to issue an order of protection, shall not require physical
2manifestations of abuse on the person of the victim.
3Modification and extension of prior orders of protection shall
4be in accordance with this Article.
5    (b) Remedies and standards. The remedies to be included in
6an order of protection shall be determined in accordance with
7this Section and one of the following Sections, as appropriate:
8Section 112A-17 on emergency orders, Section 112A-18 on interim
9orders, and Section 112A-19 on plenary orders. The remedies
10listed in this subsection shall be in addition to other civil
11or criminal remedies available to petitioner.
12        (1) Prohibition of abuse. Prohibit respondent's
13    harassment, interference with personal liberty,
14    intimidation of a dependent, physical abuse or willful
15    deprivation, as defined in this Article, if such abuse 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, household, or premises of the petitioner,
21    including one owned or leased by respondent, if petitioner
22    has a right to occupancy thereof. The grant of exclusive
23    possession of the residence, household, or premises shall
24    not affect title to real property, nor shall the court be
25    limited by the standard set forth in Section 701 of the
26    Illinois Marriage and Dissolution of Marriage Act.

 

 

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

 

 

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1        possession by petitioner unless the presumption is
2        rebutted by a preponderance of the evidence, showing
3        that the hardships to respondent substantially
4        outweigh the hardships to petitioner and any minor
5        child or dependent adult in petitioner's care. The
6        court, on the request of petitioner or on its own
7        motion, may order respondent to provide suitable,
8        accessible, alternate housing for petitioner instead
9        of excluding respondent from a mutual residence or
10        household.
11        (3) Stay away order and additional prohibitions. Order
12    respondent to stay away from petitioner or any other person
13    protected by the order of protection, or prohibit
14    respondent from entering or remaining present at
15    petitioner's school, place of employment, or other
16    specified places at times when petitioner is present, or
17    both, if reasonable, given the balance of hardships.
18    Hardships need not be balanced for the court to enter a
19    stay away order or prohibit entry if respondent has no
20    right to enter the premises.
21        If an order of protection grants petitioner exclusive
22    possession of the residence, or prohibits respondent from
23    entering the residence, or orders respondent to stay away
24    from petitioner or other protected persons, then the court
25    may allow respondent access to the residence to remove
26    items of clothing and personal adornment used exclusively

 

 

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1    by respondent, medications, and other items as the court
2    directs. The right to access shall be exercised on only one
3    occasion as the court directs and in the presence of an
4    agreed-upon adult third party or law enforcement officer.
5        (4) Counseling. Require or recommend the respondent to
6    undergo counseling for a specified duration with a social
7    worker, psychologist, clinical psychologist, psychiatrist,
8    family service agency, alcohol or substance abuse program,
9    mental health center guidance counselor, agency providing
10    services to elders, program designed for domestic violence
11    abusers or any other guidance service the court deems
12    appropriate. The court may order the respondent in any
13    intimate partner relationship to report to an Illinois
14    Department of Human Services protocol approved partner
15    abuse intervention program for an assessment and to follow
16    all recommended treatment.
17        (5) Physical care and possession of the minor child. In
18    order to protect the minor child from abuse, neglect, or
19    unwarranted separation from the person who has been the
20    minor child's primary caretaker, or to otherwise protect
21    the well-being of the minor child, the court may do either
22    or both of the following: (i) grant petitioner physical
23    care or possession of the minor child, or both, or (ii)
24    order respondent to return a minor child to, or not remove
25    a minor child from, the physical care of a parent or person
26    in loco parentis.

 

 

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1        If a court finds, after a hearing, that respondent has
2    committed abuse (as defined in Section 112A-3) of a minor
3    child, there shall be a rebuttable presumption that
4    awarding physical care to respondent would not be in the
5    minor child's best interest.
6        (6) Temporary legal custody. Award temporary legal
7    custody to petitioner in accordance with this Section, the
8    Illinois Marriage and Dissolution of Marriage Act, the
9    Illinois Parentage Act of 2013 1984, and this State's
10    Uniform Child-Custody Jurisdiction and Enforcement Act.
11        If a court finds, after a hearing, that respondent has
12    committed abuse (as defined in Section 112A-3) of a minor
13    child, there shall be a rebuttable presumption that
14    awarding temporary legal custody to respondent would not be
15    in the child's best interest.
16        (7) Visitation. Determine the visitation rights, if
17    any, of respondent in any case in which the court awards
18    physical care or temporary legal custody of a minor child
19    to petitioner. The court shall restrict or deny
20    respondent's visitation with a minor child if the court
21    finds that respondent has done or is likely to do any of
22    the following: (i) abuse or endanger the minor child during
23    visitation; (ii) use the visitation as an opportunity to
24    abuse or harass petitioner or petitioner's family or
25    household members; (iii) improperly conceal or detain the
26    minor child; or (iv) otherwise act in a manner that is not

 

 

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1    in the best interests of the minor child. The court shall
2    not be limited by the standards set forth in Section 607.1
3    of the Illinois Marriage and Dissolution of Marriage Act.
4    If the court grants visitation, the order shall specify
5    dates and times for the visitation to take place or other
6    specific parameters or conditions that are appropriate. No
7    order for visitation shall refer merely to the term
8    "reasonable visitation".
9        Petitioner may deny respondent access to the minor
10    child if, when respondent arrives for visitation,
11    respondent is under the influence of drugs or alcohol and
12    constitutes a threat to the safety and well-being of
13    petitioner or petitioner's minor children or is behaving in
14    a violent or abusive manner.
15        If necessary to protect any member of petitioner's
16    family or household from future abuse, respondent shall be
17    prohibited from coming to petitioner's residence to meet
18    the minor child for visitation, and the parties shall
19    submit to the court their recommendations for reasonable
20    alternative arrangements for visitation. A person may be
21    approved to supervise visitation only after filing an
22    affidavit accepting that responsibility and acknowledging
23    accountability to the court.
24        (8) Removal or concealment of minor child. Prohibit
25    respondent from removing a minor child from the State or
26    concealing the child within the State.

 

 

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1        (9) Order to appear. Order the respondent to appear in
2    court, alone or with a minor child, to prevent abuse,
3    neglect, removal or concealment of the child, to return the
4    child to the custody or care of the petitioner or to permit
5    any court-ordered interview or examination of the child or
6    the respondent.
7        (10) Possession of personal property. Grant petitioner
8    exclusive possession of personal property and, if
9    respondent has possession or control, direct respondent to
10    promptly make it available to petitioner, if:
11            (i) petitioner, but not respondent, owns the
12        property; or
13            (ii) the parties own the property jointly; sharing
14        it would risk abuse of petitioner by respondent or is
15        impracticable; and the balance of hardships favors
16        temporary possession by petitioner.
17        If petitioner's sole claim to ownership of the property
18    is that it is marital property, the court may award
19    petitioner temporary possession thereof under the
20    standards of subparagraph (ii) of this paragraph only if a
21    proper proceeding has been filed under the Illinois
22    Marriage and Dissolution of Marriage Act, as now or
23    hereafter amended.
24        No order under this provision shall affect title to
25    property.
26        (11) Protection of property. Forbid the respondent

 

 

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1    from taking, transferring, encumbering, concealing,
2    damaging or otherwise disposing of any real or personal
3    property, except as explicitly authorized by the court, if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the parties own the property jointly, and the
7        balance of hardships favors granting this remedy.
8        If petitioner's sole claim to ownership of the property
9    is that it is marital property, the court may grant
10    petitioner relief under subparagraph (ii) of this
11    paragraph only if a proper proceeding has been filed under
12    the Illinois Marriage and Dissolution of Marriage Act, as
13    now or hereafter amended.
14        The court may further prohibit respondent from
15    improperly using the financial or other resources of an
16    aged member of the family or household for the profit or
17    advantage of respondent or of any other person.
18        (11.5) Protection of animals. Grant the petitioner the
19    exclusive care, custody, or control of any animal owned,
20    possessed, leased, kept, or held by either the petitioner
21    or the respondent or a minor child residing in the
22    residence or household of either the petitioner or the
23    respondent and order the respondent to stay away from the
24    animal and forbid the respondent from taking,
25    transferring, encumbering, concealing, harming, or
26    otherwise disposing of the animal.

 

 

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

 

 

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1        now or hereafter amended, the court may order
2        respondent to reimburse petitioner's actual losses, to
3        the extent that such reimbursement would be
4        "appropriate temporary relief", as authorized by
5        subsection (a)(3) of Section 501 of that Act.
6            (ii) Recovery of expenses. In the case of an
7        improper concealment or removal of a minor child, the
8        court may order respondent to pay the reasonable
9        expenses incurred or to be incurred in the search for
10        and recovery of the minor child, including but not
11        limited to legal fees, court costs, private
12        investigator fees, and travel costs.
13        (14) Prohibition of entry. Prohibit the respondent
14    from entering or remaining in the residence or household
15    while the respondent is under the influence of alcohol or
16    drugs and constitutes a threat to the safety and well-being
17    of the petitioner or the petitioner's children.
18        (14.5) Prohibition of firearm possession.
19            (a) Prohibit a respondent against whom an order of
20        protection was issued from possessing any firearms
21        during the duration of the order if the order:
22                (1) was issued after a hearing of which such
23            person received actual notice, and at which such
24            person had an opportunity to participate;
25                (2) restrains such person from harassing,
26            stalking, or threatening an intimate partner of

 

 

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1            such person or child of such intimate partner or
2            person, or engaging in other conduct that would
3            place an intimate partner in reasonable fear of
4            bodily injury to the partner or child; and
5                (3)(i) includes a finding that such person
6            represents a credible threat to the physical
7            safety of such intimate partner or child; or (ii)
8            by its terms explicitly prohibits the use,
9            attempted use, or threatened use of physical force
10            against such intimate partner or child that would
11            reasonably be expected to cause bodily injury.
12        Any firearms in the possession of the respondent,
13        except as provided in subsection (b), shall be ordered
14        by the court to be turned over to the local law
15        enforcement agency for safekeeping. The court shall
16        issue an order that the respondent's Firearm Owner's
17        Identification Card be turned over to the local law
18        enforcement agency, which in turn shall immediately
19        mail the card to the Department of State Police Firearm
20        Owner's Identification Card Office for safekeeping.
21        The period of safekeeping shall be for the duration of
22        the order of protection. The firearm or firearms and
23        Firearm Owner's Identification Card, if unexpired,
24        shall at the respondent's request be returned to the
25        respondent at expiration of the order of protection.
26            (b) If the respondent is a peace officer as defined

 

 

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1        in Section 2-13 of the Criminal Code of 2012, the court
2        shall order that any firearms used by the respondent in
3        the performance of his or her duties as a peace officer
4        be surrendered to the chief law enforcement executive
5        of the agency in which the respondent is employed, who
6        shall retain the firearms for safekeeping for the
7        duration of the order of protection.
8            (c) Upon expiration of the period of safekeeping,
9        if the firearms or Firearm Owner's Identification Card
10        cannot be returned to respondent because respondent
11        cannot be located, fails to respond to requests to
12        retrieve the firearms, or is not lawfully eligible to
13        possess a firearm, upon petition from the local law
14        enforcement agency, the court may order the local law
15        enforcement agency to destroy the firearms, use the
16        firearms for training purposes, or for any other
17        application as deemed appropriate by the local law
18        enforcement agency; or that the firearms be turned over
19        to a third party who is lawfully eligible to possess
20        firearms, and who does not reside with respondent.
21        (15) Prohibition of access to records. If an order of
22    protection prohibits respondent from having contact with
23    the minor child, or if petitioner's address is omitted
24    under subsection (b) of Section 112A-5, or if necessary to
25    prevent abuse or wrongful removal or concealment of a minor
26    child, the order shall deny respondent access to, and

 

 

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1    prohibit respondent from inspecting, obtaining, or
2    attempting to inspect or obtain, school or any other
3    records of the minor child who is in the care of
4    petitioner.
5        (16) Order for payment of shelter services. Order
6    respondent to reimburse a shelter providing temporary
7    housing and counseling services to the petitioner for the
8    cost of the services, as certified by the shelter and
9    deemed reasonable by the court.
10        (17) Order for injunctive relief. Enter injunctive
11    relief necessary or appropriate to prevent further abuse of
12    a family or household member or to effectuate one of the
13    granted remedies, if supported by the balance of hardships.
14    If the harm to be prevented by the injunction is abuse or
15    any other harm that one of the remedies listed in
16    paragraphs (1) through (16) of this subsection is designed
17    to prevent, no further evidence is necessary to establish
18    that the harm is an irreparable injury.
19    (c) Relevant factors; findings.
20        (1) In determining whether to grant a specific remedy,
21    other than payment of support, the court shall consider
22    relevant factors, including but not limited to the
23    following:
24            (i) the nature, frequency, severity, pattern and
25        consequences of the respondent's past abuse of the
26        petitioner or any family or household member,

 

 

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1        including the concealment of his or her location in
2        order to evade service of process or notice, and the
3        likelihood of danger of future abuse to petitioner or
4        any member of petitioner's or respondent's family or
5        household; and
6            (ii) the danger that any minor child will be abused
7        or neglected or improperly removed from the
8        jurisdiction, improperly concealed within the State or
9        improperly separated from the child's primary
10        caretaker.
11        (2) In comparing relative hardships resulting to the
12    parties from loss of possession of the family home, the
13    court shall consider relevant factors, including but not
14    limited to the following:
15            (i) availability, accessibility, cost, safety,
16        adequacy, location and other characteristics of
17        alternate housing for each party and any minor child or
18        dependent adult in the party's care;
19            (ii) the effect on the party's employment; and
20            (iii) the effect on the relationship of the party,
21        and any minor child or dependent adult in the party's
22        care, to family, school, church and community.
23        (3) Subject to the exceptions set forth in paragraph
24    (4) of this subsection, the court shall make its findings
25    in an official record or in writing, and shall at a minimum
26    set forth the following:

 

 

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1            (i) That the court has considered the applicable
2        relevant factors described in paragraphs (1) and (2) of
3        this subsection.
4            (ii) Whether the conduct or actions of respondent,
5        unless prohibited, will likely cause irreparable harm
6        or continued abuse.
7            (iii) Whether it is necessary to grant the
8        requested relief in order to protect petitioner or
9        other alleged abused persons.
10        (4) For purposes of issuing an ex parte emergency order
11    of protection, the court, as an alternative to or as a
12    supplement to making the findings described in paragraphs
13    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
14    the following procedure:
15        When a verified petition for an emergency order of
16    protection in accordance with the requirements of Sections
17    112A-5 and 112A-17 is presented to the court, the court
18    shall examine petitioner on oath or affirmation. An
19    emergency order of protection shall be issued by the court
20    if it appears from the contents of the petition and the
21    examination of petitioner that the averments are
22    sufficient to indicate abuse by respondent and to support
23    the granting of relief under the issuance of the emergency
24    order of protection.
25        (5) Never married parties. No rights or
26    responsibilities for a minor child born outside of marriage

 

 

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1    attach to a putative father until a father and child
2    relationship has been established under the Illinois
3    Parentage Act of 1984 or under the Illinois Parentage Act
4    of 2013 on and after the effective date of that Act. Absent
5    such an adjudication, no putative father shall be granted
6    temporary custody of the minor child, visitation with the
7    minor child, or physical care and possession of the minor
8    child, nor shall an order of payment for support of the
9    minor child be entered.
10    (d) Balance of hardships; findings. If the court finds that
11the balance of hardships does not support the granting of a
12remedy governed by paragraph (2), (3), (10), (11), or (16) of
13subsection (b) of this Section, which may require such
14balancing, the court's findings shall so indicate and shall
15include a finding as to whether granting the remedy will result
16in hardship to respondent that would substantially outweigh the
17hardship to petitioner from denial of the remedy. The findings
18shall be an official record or in writing.
19    (e) Denial of remedies. Denial of any remedy shall not be
20based, in whole or in part, on evidence that:
21        (1) Respondent has cause for any use of force, unless
22    that cause satisfies the standards for justifiable use of
23    force provided by Article 7 of the Criminal Code of 2012;
24        (2) Respondent was voluntarily intoxicated;
25        (3) Petitioner acted in self-defense or defense of
26    another, provided that, if petitioner utilized force, such

 

 

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1    force was justifiable under Article 7 of the Criminal Code
2    of 2012;
3        (4) Petitioner did not act in self-defense or defense
4    of another;
5        (5) Petitioner left the residence or household to avoid
6    further abuse by respondent;
7        (6) Petitioner did not leave the residence or household
8    to avoid further abuse by respondent;
9        (7) Conduct by any family or household member excused
10    the abuse by respondent, unless that same conduct would
11    have excused such abuse if the parties had not been family
12    or household members.
13(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
1497-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff.
151-25-13.)
 
16    Section 963. The Unified Code of Corrections is amended by
17changing Section 3-5-4 as follows:
 
18    (730 ILCS 5/3-5-4)
19    Sec. 3-5-4. Exchange of information for child support
20enforcement.
21    (a) The Department shall exchange with the Department of
22Healthcare and Family Services information that may be
23necessary for the enforcement of child support orders entered
24pursuant to the Illinois Public Aid Code, the Illinois Marriage

 

 

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1and Dissolution of Marriage Act, the Non-Support of Spouse and
2Children Act, the Non-Support Punishment Act, the Revised
3Uniform Reciprocal Enforcement of Support Act, the Uniform
4Interstate Family Support Act, or the Illinois Parentage Act of
51984, or the Illinois Parentage Act of 2013.
6    (b) Notwithstanding any provisions in this Code to the
7contrary, the Department shall not be liable to any person for
8any disclosure of information to the Department of Healthcare
9and Family Services (formerly Illinois Department of Public
10Aid) under subsection (a) or for any other action taken in good
11faith to comply with the requirements of subsection (a).
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    Section 964. The Code of Civil Procedure is amended by
14changing Sections 2-209, 2-1401, 12-112, and 12-819 as follows:
 
15    (735 ILCS 5/2-209)  (from Ch. 110, par. 2-209)
16    Sec. 2-209. Act submitting to jurisdiction - Process.
17    (a) Any person, whether or not a citizen or resident of
18this State, who in person or through an agent does any of the
19acts hereinafter enumerated, thereby submits such person, and,
20if an individual, his or her personal representative, to the
21jurisdiction of the courts of this State as to any cause of
22action arising from the doing of any of such acts:
23        (1) The transaction of any business within this State;
24        (2) The commission of a tortious act within this State;

 

 

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1        (3) The ownership, use, or possession of any real
2    estate situated in this State;
3        (4) Contracting to insure any person, property or risk
4    located within this State at the time of contracting;
5        (5) With respect to actions of dissolution of marriage,
6    declaration of invalidity of marriage and legal
7    separation, the maintenance in this State of a matrimonial
8    domicile at the time this cause of action arose or the
9    commission in this State of any act giving rise to the
10    cause of action;
11        (6) With respect to actions brought under the Illinois
12    Parentage Act of 1984, as now or hereafter amended, or
13    under the Illinois Parentage Act of 2013 on and after the
14    effective date of that Act, the performance of an act of
15    sexual intercourse within this State during the possible
16    period of conception;
17        (7) The making or performance of any contract or
18    promise substantially connected with this State;
19        (8) The performance of sexual intercourse within this
20    State which is claimed to have resulted in the conception
21    of a child who resides in this State;
22        (9) The failure to support a child, spouse or former
23    spouse who has continued to reside in this State since the
24    person either formerly resided with them in this State or
25    directed them to reside in this State;
26        (10) The acquisition of ownership, possession or

 

 

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1    control of any asset or thing of value present within this
2    State when ownership, possession or control was acquired;
3        (11) The breach of any fiduciary duty within this
4    State;
5        (12) The performance of duties as a director or officer
6    of a corporation organized under the laws of this State or
7    having its principal place of business within this State;
8        (13) The ownership of an interest in any trust
9    administered within this State; or
10        (14) The exercise of powers granted under the authority
11    of this State as a fiduciary.
12    (b) A court may exercise jurisdiction in any action arising
13within or without this State against any person who:
14        (1) Is a natural person present within this State when
15    served;
16        (2) Is a natural person domiciled or resident within
17    this State when the cause of action arose, the action was
18    commenced, or process was served;
19        (3) Is a corporation organized under the laws of this
20    State; or
21        (4) Is a natural person or corporation doing business
22    within this State.
23    (b-5) Foreign defamation judgment. The courts of this State
24shall have personal jurisdiction over any person who obtains a
25judgment in a defamation proceeding outside the United States
26against any person who is a resident of Illinois or, if not a

 

 

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1natural person, has its principal place of business in
2Illinois, for the purposes of rendering declaratory relief with
3respect to that resident's liability for the judgment, or for
4the purpose of determining whether said judgment should be
5deemed non-recognizable pursuant to this Code, to the fullest
6extent permitted by the United States Constitution, provided:
7        (1) the publication at issue was published in Illinois,
8    and
9        (2) that resident (i) has assets in Illinois which
10    might be used to satisfy the foreign defamation judgment,
11    or (ii) may have to take actions in Illinois to comply with
12    the foreign defamation judgment.
13    The provisions of this subsection (b-5) shall apply to
14persons who obtained judgments in defamation proceedings
15outside the United States prior to, on, or after the effective
16date of this amendatory Act of the 95th General Assembly.
17    (c) A court may also exercise jurisdiction on any other
18basis now or hereafter permitted by the Illinois Constitution
19and the Constitution of the United States.
20    (d) Service of process upon any person who is subject to
21the jurisdiction of the courts of this State, as provided in
22this Section, may be made by personally serving the summons
23upon the defendant outside this State, as provided in this Act,
24with the same force and effect as though summons had been
25personally served within this State.
26    (e) Service of process upon any person who resides or whose

 

 

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1business address is outside the United States and who is
2subject to the jurisdiction of the courts of this State, as
3provided in this Section, in any action based upon product
4liability may be made by serving a copy of the summons with a
5copy of the complaint attached upon the Secretary of State. The
6summons shall be accompanied by a $5 fee payable to the
7Secretary of State. The plaintiff shall forthwith mail a copy
8of the summons, upon which the date of service upon the
9Secretary is clearly shown, together with a copy of the
10complaint to the defendant at his or her last known place of
11residence or business address. Plaintiff shall file with the
12circuit clerk an affidavit of the plaintiff or his or her
13attorney stating the last known place of residence or the last
14known business address of the defendant and a certificate of
15mailing a copy of the summons and complaint to the defendant at
16such address as required by this subsection (e). The
17certificate of mailing shall be prima facie evidence that the
18plaintiff or his or her attorney mailed a copy of the summons
19and complaint to the defendant as required. Service of the
20summons shall be deemed to have been made upon the defendant on
21the date it is served upon the Secretary and shall have the
22same force and effect as though summons had been personally
23served upon the defendant within this State.
24    (f) Only causes of action arising from acts enumerated
25herein may be asserted against a defendant in an action in
26which jurisdiction over him or her is based upon subsection

 

 

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1(a).
2    (g) Nothing herein contained limits or affects the right to
3serve any process in any other manner now or hereafter provided
4by law.
5(Source: P.A. 95-865, eff. 8-19-08.)
 
6    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
7    Sec. 2-1401. Relief from judgments.
8    (a) Relief from final orders and judgments, after 30 days
9from the entry thereof, may be had upon petition as provided in
10this Section. Writs of error coram nobis and coram vobis, bills
11of review and bills in the nature of bills of review are
12abolished. All relief heretofore obtainable and the grounds for
13such relief heretofore available, whether by any of the
14foregoing remedies or otherwise, shall be available in every
15case, by proceedings hereunder, regardless of the nature of the
16order or judgment from which relief is sought or of the
17proceedings in which it was entered. Except as provided in
18Section 6 of the Illinois Parentage Act of 2013 1984, there
19shall be no distinction between actions and other proceedings,
20statutory or otherwise, as to availability of relief, grounds
21for relief or the relief obtainable.
22    (b) The petition must be filed in the same proceeding in
23which the order or judgment was entered but is not a
24continuation thereof. The petition must be supported by
25affidavit or other appropriate showing as to matters not of

 

 

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1record. All parties to the petition shall be notified as
2provided by rule.
3    (c) Except as provided in Section 20b of the Adoption Act
4and Section 2-32 of the Juvenile Court Act of 1987 or in a
5petition based upon Section 116-3 of the Code of Criminal
6Procedure of 1963, the petition must be filed not later than 2
7years after the entry of the order or judgment. Time during
8which the person seeking relief is under legal disability or
9duress or the ground for relief is fraudulently concealed shall
10be excluded in computing the period of 2 years.
11    (d) The filing of a petition under this Section does not
12affect the order or judgment, or suspend its operation.
13    (e) Unless lack of jurisdiction affirmatively appears from
14the record proper, the vacation or modification of an order or
15judgment pursuant to the provisions of this Section does not
16affect the right, title or interest in or to any real or
17personal property of any person, not a party to the original
18action, acquired for value after the entry of the order or
19judgment but before the filing of the petition, nor affect any
20right of any person not a party to the original action under
21any certificate of sale issued before the filing of the
22petition, pursuant to a sale based on the order or judgment.
23    (f) Nothing contained in this Section affects any existing
24right to relief from a void order or judgment, or to employ any
25existing method to procure that relief.
26(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

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1    (735 ILCS 5/12-112)  (from Ch. 110, par. 12-112)
2    Sec. 12-112. What liable to enforcement. All the lands,
3tenements, real estate, goods and chattels (except such as is
4by law declared to be exempt) of every person against whom any
5judgment has been or shall be hereafter entered in any court,
6for any debt, damages, costs, or other sum of money, shall be
7liable to be sold upon such judgment. Any real property, any
8beneficial interest in a land trust, or any interest in real
9property held in a revocable inter vivos trust or revocable
10inter vivos trusts created for estate planning purposes, held
11in tenancy by the entirety shall not be liable to be sold upon
12judgment entered on or after October 1, 1990 against only one
13of the tenants, except if the property was transferred into
14tenancy by the entirety with the sole intent to avoid the
15payment of debts existing at the time of the transfer beyond
16the transferor's ability to pay those debts as they become due.
17However, any income from such property shall be subject to
18garnishment as provided in Part 7 of this Article XII, whether
19judgment has been entered against one or both of the tenants.
20    If the court authorizes the piercing of the ownership veil
21pursuant to Section 505 of the Illinois Marriage and
22Dissolution of Marriage Act or Section 805 15 of the Illinois
23Parentage Act of 2013 1984, any assets determined to be those
24of the non-custodial parent, although not held in name of the
25non-custodial parent, shall be subject to attachment or other

 

 

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1provisional remedy in accordance with the procedure prescribed
2by this Code. The court may not authorize attachment of
3property or any other provisional remedy under this paragraph
4unless it has obtained jurisdiction over the entity holding
5title to the property by proper service on that entity. With
6respect to assets which are real property, no order entered as
7described in this paragraph shall affect the rights of bona
8fide purchasers, mortgagees, judgment creditors, or other lien
9holders who acquire their interests in the property prior to
10the time a notice of lis pendens pursuant to this Code or a
11copy of the order is placed of record in the office of the
12recorder of deeds for the county in which the real property is
13located.
14    This amendatory Act of 1995 (P.A. 89-438) is declarative of
15existing law.
16    This amendatory Act of 1997 (P.A. 90-514) is intended as a
17clarification of existing law and not as a new enactment.
18(Source: P.A. 96-1145, eff. 1-1-11.)
 
19    (735 ILCS 5/12-819)  (from Ch. 110, par. 12-819)
20    Sec. 12-819. Limitations on part 8 of Article XII. The
21provisions of this Part 8 of Article XII of this Act do not
22apply to orders for withholding of income entered by the court
23under provisions of The Illinois Public Aid Code, the Illinois
24Marriage and Dissolution of Marriage Act, the Non-Support of
25Spouse and Children Act, the Non-Support Punishment Act, the

 

 

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1Revised Uniform Reciprocal Enforcement of Support Act, the
2Illinois Parentage Act of 1984, and the Illinois Parentage Act
3of 2013 and the Paternity Act for support of a child or
4maintenance of a spouse.
5(Source: P.A. 91-613, eff. 10-1-99.)
 
6    Section 965. The Illinois Wage Assignment Act is amended by
7changing Section 11 as follows:
 
8    (740 ILCS 170/11)  (from Ch. 48, par. 39.12)
9    Sec. 11. The provisions of this Act do not apply to orders
10for withholding of income entered by the court under provisions
11of The Illinois Public Aid Code, the Illinois Marriage and
12Dissolution of Marriage Act, the Non-Support of Spouse and
13Children Act, the Non-Support Punishment Act, the Revised
14Uniform Reciprocal Enforcement of Support Act, the Illinois
15Parentage Act of 1984, and the Illinois Parentage Act of 2013
16and the Paternity Act for support of a child or maintenance of
17a spouse.
18(Source: P.A. 91-613, eff. 10-1-99.)
 
19    Section 966. The Illinois Marriage and Dissolution of
20Marriage Act is amended by changing Section 713 as follows:
 
21    (750 ILCS 5/713)  (from Ch. 40, par. 713)
22    Sec. 713. Attachment of the Body. As used in this Section,

 

 

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1"obligor" has the same meaning ascribed to such term in the
2Income Withholding for Support Act.
3    (a) In any proceeding to enforce an order for support,
4where the obligor has failed to appear in court pursuant to
5order of court and after due notice thereof, the court may
6enter an order for the attachment of the body of the obligor.
7Notices under this Section shall be served upon the obligor by
8any means authorized under subsection (a-5) of Section 505. The
9attachment order shall fix an amount of escrow which is equal
10to a minimum of 20% of the total child support arrearage
11alleged by the obligee in sworn testimony to be due and owing.
12The attachment order shall direct the Sheriff of any county in
13Illinois to take the obligor into custody and shall set the
14number of days following release from custody for a hearing to
15be held at which the obligor must appear, if he is released
16under subsection (b) of this Section.
17    (b) If the obligor is taken into custody, the Sheriff shall
18take the obligor before the court which entered the attachment
19order. However, the Sheriff may release the person after he or
20she has deposited the amount of escrow ordered by the court
21pursuant to local procedures for the posting of bond. The
22Sheriff shall advise the obligor of the hearing date at which
23the obligor is required to appear.
24    (c) Any escrow deposited pursuant to this Section shall be
25transmitted to the Clerk of the Circuit Court for the county in
26which the order for attachment of the body of the obligor was

 

 

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1entered. Any Clerk who receives money deposited into escrow
2pursuant to this Section shall notify the obligee, public
3office or legal counsel whose name appears on the attachment
4order of the court date at which the obligor is required to
5appear and the amount deposited into escrow. The Clerk shall
6disburse such money to the obligee only under an order from the
7court that entered the attachment order pursuant to this
8Section.
9    (d) Whenever an obligor is taken before the court by the
10Sheriff, or appears in court after the court has ordered the
11attachment of his body, the court shall:
12        (1) hold a hearing on the complaint or petition that
13    gave rise to the attachment order. For purposes of
14    determining arrearages that are due and owing by the
15    obligor, the court shall accept the previous sworn
16    testimony of the obligee as true and the appearance of the
17    obligee shall not be required. The court shall require
18    sworn testimony of the obligor as to his or her Social
19    Security number, income, employment, bank accounts,
20    property and any other assets. If there is a dispute as to
21    the total amount of arrearages, the court shall proceed as
22    in any other case as to the undisputed amounts; and
23        (2) order the Clerk of the Circuit Court to disburse to
24    the obligee or public office money held in escrow pursuant
25    to this Section if the court finds that the amount of
26    arrearages exceeds the amount of the escrow. Amounts

 

 

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1    received by the obligee or public office shall be deducted
2    from the amount of the arrearages.
3    (e) If the obligor fails to appear in court after being
4notified of the court date by the Sheriff upon release from
5custody, the court shall order any monies deposited into escrow
6to be immediately released to the obligee or public office and
7shall proceed under subsection (a) of this Section by entering
8another order for the attachment of the body of the obligor.
9    (f) This Section shall apply to any order for support
10issued under the "Illinois Marriage and Dissolution of Marriage
11Act", approved September 22, 1977, as amended; the Illinois
12Parentage Act of 2013; the "Illinois Parentage Act of 1984",
13effective July 1, 1985, as amended; the "Revised Uniform
14Reciprocal Enforcement of Support Act", approved August 28,
151969, as amended; "The Illinois Public Aid Code", approved
16April 11, 1967, as amended; the Non-Support Punishment Act; and
17the "Non-support of Spouse and Children Act", approved June 8,
181953, as amended.
19    (g) Any escrow established pursuant to this Section for the
20purpose of providing support shall not be subject to fees
21collected by the Clerk of the Circuit Court for any other
22escrow.
23(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
2492-16, eff. 6-28-01.)
 
25    Section 967. The Non-Support Punishment Act is amended by

 

 

09800HB1243ham001- 200 -LRB098 03015 HEP 40651 a

1changing Section 50 as follows:
 
2    (750 ILCS 16/50)
3    Sec. 50. Community service; work alternative program.
4    (a) In addition to any other penalties imposed against an
5offender under this Act, the court may order the offender to
6perform community service for not less than 30 and not more
7than 120 hours per month, if community service is available in
8the jurisdiction and is funded and approved by the county board
9of the county where the offense was committed. In addition,
10whenever any person is placed on supervision for committing an
11offense under this Act, the supervision shall be conditioned on
12the performance of the community service.
13    (b) In addition to any other penalties imposed against an
14offender under this Act, the court may sentence the offender to
15service in a work alternative program administered by the
16sheriff. The conditions of the program are that the offender
17obtain or retain employment and participate in a work
18alternative program administered by the sheriff during
19non-working hours. A person may not be required to participate
20in a work alternative program under this subsection if the
21person is currently participating in a work program pursuant to
22another provision of this Act, Section 10-11.1 of the Illinois
23Public Aid Code, Section 505.1 of the Illinois Marriage and
24Dissolution of Marriage Act, or Section 806 15.1 of the
25Illinois Parentage Act of 2013 1984.

 

 

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1    (c) In addition to any other penalties imposed against an
2offender under this Act, the court may order, in cases where
3the offender has been in violation of this Act for 90 days or
4more, that the offender's Illinois driving privileges be
5suspended until the court determines that the offender is in
6compliance with this Act.
7    The court may determine that the offender is in compliance
8with this Act if the offender has agreed (i) to pay all
9required amounts of support and maintenance as determined by
10the court or (ii) to the garnishment of his or her income for
11the purpose of paying those amounts.
12    The court may also order that the offender be issued a
13family financial responsibility driving permit that would
14allow limited driving privileges for employment and medical
15purposes in accordance with Section 7-702.1 of the Illinois
16Vehicle Code. The clerk of the circuit court shall certify the
17order suspending the driving privileges of the offender or
18granting the issuance of a family financial responsibility
19driving permit to the Secretary of State on forms prescribed by
20the Secretary. Upon receipt of the authenticated documents, the
21Secretary of State shall suspend the offender's driving
22privileges until further order of the court and shall, if
23ordered by the court, subject to the provisions of Section
247-702.1 of the Illinois Vehicle Code, issue a family financial
25responsibility driving permit to the offender.
26    (d) If the court determines that the offender has been in

 

 

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1violation of this Act for more than 60 days, the court may
2determine whether the offender has applied for or been issued a
3professional license by the Department of Professional
4Regulation or another licensing agency. If the court determines
5that the offender has applied for or been issued such a
6license, the court may certify to the Department of
7Professional Regulation or other licensing agency that the
8offender has been in violation of this Act for more than 60
9days so that the Department or other agency may take
10appropriate steps with respect to the license or application as
11provided in Section 10-65 of the Illinois Administrative
12Procedure Act and Section 2105-15 of the Department of
13Professional Regulation Law of the Civil Administrative Code of
14Illinois. The court may take the actions required under this
15subsection in addition to imposing any other penalty authorized
16under this Act.
17(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
 
18    Section 968. The Uniform Interstate Family Support Act is
19amended by changing Section 102 as follows:
 
20    (750 ILCS 22/102)  (was 750 ILCS 22/101)
21    Sec. 102. Definitions. In this Act:
22    "Child" means an individual, whether over or under the age
23of 18, who is or is alleged to be owed a duty of support by the
24individual's parent or who is or is alleged to be the

 

 

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1beneficiary of a support order directed to the parent.
2    "Child-support order" means a support order for a child,
3including a child who has attained the age of 18.
4    "Duty of support" means an obligation imposed or imposable
5by law to provide support for a child, spouse, or former spouse
6including an unsatisfied obligation to provide support.
7    "Home state" means the state in which a child lived with a
8parent or a person acting as parent for at least 6 consecutive
9months immediately preceding the time of filing of a petition
10or comparable pleading for support, and if a child is less than
116 months old, the state in which the child lived from birth
12with any of them. A period of temporary absence of any of them
13is counted as part of the 6-month or other period.
14    "Income" includes earnings or other periodic entitlements
15to money from any source and any other property subject to
16withholding for support under the law of this State.
17    "Income-withholding order" means an order or other legal
18process directed to an obligor's employer or other debtor, as
19defined by the Illinois Marriage and Dissolution of Marriage
20Act, the Non-Support of Spouse and Children Act, the
21Non-Support Punishment Act the Illinois Public Aid Code, and
22the Illinois Parentage Act of 2013 1984, to withhold support
23from the income of the obligor.
24    "Initiating state" means a state from which a proceeding is
25forwarded or in which a proceeding is filed for forwarding to a
26responding state under this Act or a law or procedure

 

 

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1substantially similar to this Act.
2    "Initiating tribunal" means the authorized tribunal in an
3initiating state.
4    "Issuing state" means the state in which a tribunal issues
5a support order or renders a judgment determining parentage.
6    "Issuing tribunal" means the tribunal that issues a support
7order or renders a judgment determining parentage.
8    "Obligee" means:
9        (A) an individual to whom a duty of support is or is
10    alleged to be owed or in whose favor a support order has
11    been issued or a judgment determining parentage has been
12    rendered;
13        (B) a state or political subdivision to which the
14    rights under a duty of support or support order have been
15    assigned or which has independent claims based on financial
16    assistance provided to an individual obligee; or
17        (C) an individual seeking a judgment determining
18    parentage of the individual's child.
19    "Obligor" means an individual, or the estate of a decedent:
20            (i) who owes or is alleged to owe a duty of
21        support;
22            (ii) who is alleged but has not been adjudicated to
23        be a parent of a child; or
24            (iii) who is liable under a support order.
25    "Person means an individual, corporation, business trust,
26estate, trust, partnership, limited liability company,

 

 

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1association, joint venture, government, governmental
2subdivision, agency, instrumentality, public corporation, or
3any other legal or commercial entity.
4    "Record" means information that is inscribed on a tangible
5medium or that is stored in an electronic or other medium and
6is retrievable in perceivable form.
7    "Register" means to record a support order or judgment
8determining parentage in the appropriate Registry of Foreign
9Support Orders.
10    "Registering tribunal" means a tribunal in which a support
11order is registered.
12    "Responding state" means a state in which a proceeding is
13filed or to which a proceeding is forwarded for filing from an
14initiating state under this Act or a law or procedure
15substantially similar to this Act.
16    "Responding tribunal" means the authorized tribunal in a
17responding state.
18    "Spousal-support order" means a support order for a spouse
19or former spouse of the obligor.
20    "State" means a state of the United States, the District of
21Columbia, Puerto Rico, the United States Virgin Islands, or any
22territory or insular possession subject to the jurisdiction of
23the United States. The term includes:
24        (A) an Indian tribe; and
25        (B) a foreign country or political subdivision that:
26            (i) has been declared to be a foreign reciprocating

 

 

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1        country or political subdivision under federal law;
2            (ii) has established a reciprocal arrangement for
3        child support with this State as provided in Section
4        308; or
5            (iii) has enacted a law or established procedures
6        for issuance and enforcement of support orders which
7        are substantially similar to the procedures under this
8        Act.
9    "Support enforcement agency" means a public official or
10agency authorized to seek:
11        (A) enforcement of support orders or laws relating to
12    the duty of support;
13        (B) establishment or modification of child support;
14        (C) determination of parentage;
15        (D) to locate obligors or their assets; or
16        (E) determination of the controlling child support
17    order.
18    "Support order" means a judgment, decree, order, or
19directive, whether temporary, final, or subject to
20modification, issued by a tribunal for the benefit of a child,
21a spouse, or a former spouse, which provides for monetary
22support, health care, arrearages, or reimbursement, and may
23include related costs and fees, interest, income withholding,
24attorney's fees, and other relief.
25    "Tribunal" means a court, administrative agency, or
26quasi-judicial entity authorized to establish, enforce, or

 

 

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1modify support orders or to determine parentage.
2(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04.)
 
3    Section 969. The Expedited Child Support Act of 1990 is
4amended by changing Section 6 as follows:
 
5    (750 ILCS 25/6)  (from Ch. 40, par. 2706)
6    Sec. 6. Authority of hearing officers.
7    (a) With the exception of judicial functions exclusively
8retained by the court in Section 8 of this Act and in
9accordance with Supreme Court rules promulgated pursuant to
10this Act, Administrative Hearing Officers shall be authorized
11to:
12        (1) Accept voluntary agreements reached by the parties
13    setting the amount of child support to be paid and medical
14    support liability and recommend the entry of orders
15    incorporating such agreements.
16        (2) Accept voluntary acknowledgments of parentage and
17    recommend entry of an order establishing parentage based on
18    such acknowledgement. Prior to accepting such
19    acknowledgment, the Administrative Hearing Officer shall
20    advise the putative father of his rights and obligations in
21    accordance with Supreme Court rules promulgated pursuant
22    to this Act.
23        (3) Manage all stages of discovery, including setting
24    deadlines by which discovery must be completed; and

 

 

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1    directing the parties to submit to appropriate tests
2    pursuant to Section 11 of the Illinois Parentage Act of
3    2013 1984.
4        (4) Cause notices to be issued requiring the Obligor to
5    appear either before the Administrative Hearing Officer or
6    in court.
7        (5) Administer the oath or affirmation and take
8    testimony under oath or affirmation.
9        (6) Analyze the evidence and prepare written
10    recommendations based on such evidence, including but not
11    limited to: (i) proposed findings as to the amount of the
12    Obligor's income; (ii) proposed findings as to the amount
13    and nature of appropriate deductions from the Obligor's
14    income to determine the Obligor's net income; (iii)
15    proposed findings as to the existence of relevant factors
16    as set forth in subsection (a)(2) of Section 505 of the
17    Illinois Marriage and Dissolution of Marriage Act, which
18    justify setting child support payment levels above or below
19    the guidelines; (iv) recommended orders for temporary
20    child support; (v) recommended orders setting the amount of
21    current child support to be paid; (vi) proposed findings as
22    to the existence and amount of any arrearages; (vii)
23    recommended orders reducing any arrearages to judgement
24    and for the payment of amounts towards such arrearages;
25    (viii) proposed findings as to whether there has been a
26    substantial change of circumstances since the entry of the

 

 

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1    last child support order, or other circumstances
2    justifying a modification of the child support order; and
3    (ix) proposed findings as to whether the Obligor is
4    employed.
5        (7) With respect to any unemployed Obligor who is not
6    making child support payments or is otherwise unable to
7    provide support, recommend that the Obligor be ordered to
8    seek employment and report periodically of his or her
9    efforts in accordance with such order. Additionally, the
10    Administrative Hearing Officer may recommend that the
11    Obligor be ordered to report to the Department of
12    Employment Security for job search services or to make
13    application with the local Job Training Partnership Act
14    provider for participation in job search, training or work
15    programs and, where the duty of support is owed to a child
16    receiving child support enforcement services under Article
17    X of the Illinois Public Aid Code, the Administrative
18    Hearing Officer may recommend that the Obligor be ordered
19    to report to the Department of Healthcare and Family
20    Services for participation in the job search, training or
21    work programs established under Section 9-6 of the Illinois
22    Public Aid Code.
23        (8) Recommend the registration of any foreign support
24    judgments or orders as the judgments or orders of Illinois.
25    (b) In any case in which the Obligee is not participating
26in the IV-D program or has not applied to participate in the

 

 

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1IV-D program, the Administrative Hearing Officer shall:
2        (1) inform the Obligee of the existence of the IV-D
3    program and provide applications on request; and
4        (2) inform the Obligee and the Obligor of the option of
5    requesting payment to be made through the Clerk of the
6    Circuit Court.
7    If a request for payment through the Clerk is made, the
8Administrative Hearing Officer shall note this fact in the
9recommendations to the court.
10    (c) The Administrative Hearing Officer may make
11recommendations in addition to the proposed findings of fact
12and recommended order to which the parties have agreed.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    Section 970. The Income Withholding for Support Act is
15amended by changing Section 15 as follows:
 
16    (750 ILCS 28/15)
17    Sec. 15. Definitions.
18    (a) "Order for support" means any order of the court which
19provides for periodic payment of funds for the support of a
20child or maintenance of a spouse, whether temporary or final,
21and includes any such order which provides for:
22        (1) modification or resumption of, or payment of
23    arrearage, including interest, accrued under, a previously
24    existing order;

 

 

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1        (2) reimbursement of support;
2        (3) payment or reimbursement of the expenses of
3    pregnancy and delivery (for orders for support entered
4    under the Illinois Parentage Act of 1984 or its predecessor
5    the Paternity Act or under the Illinois Parentage Act of
6    2013); or
7        (4) enrollment in a health insurance plan that is
8    available to the obligor through an employer or labor union
9    or trade union.
10    (b) "Arrearage" means the total amount of unpaid support
11obligations, including interest, as determined by the court and
12incorporated into an order for support.
13    (b-5) "Business day" means a day on which State offices are
14open for regular business.
15    (c) "Delinquency" means any payment, including a payment of
16interest, under an order for support which becomes due and
17remains unpaid after entry of the order for support.
18    (d) "Income" means any form of periodic payment to an
19individual, regardless of source, including, but not limited
20to: wages, salary, commission, compensation as an independent
21contractor, workers' compensation, disability, annuity,
22pension, and retirement benefits, lottery prize awards,
23insurance proceeds, vacation pay, bonuses, profit-sharing
24payments, severance pay, interest, and any other payments, made
25by any person, private entity, federal or state government, any
26unit of local government, school district or any entity created

 

 

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1by Public Act; however, "income" excludes:
2        (1) any amounts required by law to be withheld, other
3    than creditor claims, including, but not limited to,
4    federal, State and local taxes, Social Security and other
5    retirement and disability contributions;
6        (2) union dues;
7        (3) any amounts exempted by the federal Consumer Credit
8    Protection Act;
9        (4) public assistance payments; and
10        (5) unemployment insurance benefits except as provided
11    by law.
12    Any other State or local laws which limit or exempt income
13or the amount or percentage of income that can be withheld
14shall not apply.
15    (e) "Obligor" means the individual who owes a duty to make
16payments under an order for support.
17    (f) "Obligee" means the individual to whom a duty of
18support is owed or the individual's legal representative.
19    (g) "Payor" means any payor of income to an obligor.
20    (h) "Public office" means any elected official or any State
21or local agency which is or may become responsible by law for
22enforcement of, or which is or may become authorized to
23enforce, an order for support, including, but not limited to:
24the Attorney General, the Illinois Department of Healthcare and
25Family Services, the Illinois Department of Human Services, the
26Illinois Department of Children and Family Services, and the

 

 

09800HB1243ham001- 213 -LRB098 03015 HEP 40651 a

1various State's Attorneys, Clerks of the Circuit Court and
2supervisors of general assistance.
3    (i) "Premium" means the dollar amount for which the obligor
4is liable to his employer or labor union or trade union and
5which must be paid to enroll or maintain a child in a health
6insurance plan that is available to the obligor through an
7employer or labor union or trade union.
8    (j) "State Disbursement Unit" means the unit established to
9collect and disburse support payments in accordance with the
10provisions of Section 10-26 of the Illinois Public Aid Code.
11    (k) "Title IV-D Agency" means the agency of this State
12charged by law with the duty to administer the child support
13enforcement program established under Title IV, Part D of the
14Social Security Act and Article X of the Illinois Public Aid
15Code.
16    (l) "Title IV-D case" means a case in which an obligee or
17obligor is receiving child support enforcement services under
18Title IV, Part D of the Social Security Act and Article X of
19the Illinois Public Aid Code.
20    (m) "National Medical Support Notice" means the notice
21required for enforcement of orders for support providing for
22health insurance coverage of a child under Title IV, Part D of
23the Social Security Act, the Employee Retirement Income
24Security Act of 1974, and federal regulations promulgated under
25those Acts.
26    (n) "Employer" means a payor or labor union or trade union

 

 

09800HB1243ham001- 214 -LRB098 03015 HEP 40651 a

1with an employee group health insurance plan and, for purposes
2of the National Medical Support Notice, also includes but is
3not limited to:
4        (1) any State or local governmental agency with a group
5    health plan; and
6        (2) any payor with a group health plan or "church plan"
7    covered under the Employee Retirement Income Security Act
8    of 1974.
9(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685,
10eff. 10-23-07.)
 
11    Section 971. The Gestational Surrogacy Act is amended by
12changing Section 35 as follows:
 
13    (750 ILCS 47/35)
14    Sec. 35. Establishment of the parent-child relationship.
15    (a) For purposes of the Illinois Parentage Act of 2013
161984, a parent-child relationship shall be established prior to
17the birth of a child born through gestational surrogacy if, in
18addition to satisfying the requirements of Articles 2 and 3
19Sections 5 and 6 of the Illinois Parentage Act of 2013 1984,
20the attorneys representing both the gestational surrogate and
21the intended parent or parents certify that the parties entered
22into a gestational surrogacy contract intended to satisfy the
23requirements of Section 25 of this Act with respect to the
24child.

 

 

09800HB1243ham001- 215 -LRB098 03015 HEP 40651 a

1    (b) The attorneys' certifications required by subsection
2(a) of this Section shall be filed on forms prescribed by the
3Illinois Department of Public Health and in a manner consistent
4with the requirement of the Illinois Parentage Act of 2013
51984.
6(Source: P.A. 93-921, eff. 1-1-05.)
 
7    Section 972. The Adoption Act is amended by changing
8Sections 1, 8, 12a, and 18.06 as follows:
 
9    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
10    Sec. 1. Definitions. When used in this Act, unless the
11context otherwise requires:
12    A. "Child" means a person under legal age subject to
13adoption under this Act.
14    B. "Related child" means a child subject to adoption where
15either or both of the adopting parents stands in any of the
16following relationships to the child by blood or marriage:
17parent, grand-parent, brother, sister, step-parent,
18step-grandparent, step-brother, step-sister, uncle, aunt,
19great-uncle, great-aunt, or cousin of first degree. A child
20whose parent has executed a final irrevocable consent to
21adoption or a final irrevocable surrender for purposes of
22adoption, or whose parent has had his or her parental rights
23terminated, is not a related child to that person, unless the
24consent is determined to be void or is void pursuant to

 

 

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1subsection O of Section 10.
2    C. "Agency" for the purpose of this Act means a public
3child welfare agency or a licensed child welfare agency.
4    D. "Unfit person" means any person whom the court shall
5find to be unfit to have a child, without regard to the
6likelihood that the child will be placed for adoption. The
7grounds of unfitness are any one or more of the following,
8except that a person shall not be considered an unfit person
9for the sole reason that the person has relinquished a child in
10accordance with the Abandoned Newborn Infant Protection Act:
11        (a) Abandonment of the child.
12        (a-1) Abandonment of a newborn infant in a hospital.
13        (a-2) Abandonment of a newborn infant in any setting
14    where the evidence suggests that the parent intended to
15    relinquish his or her parental rights.
16        (b) Failure to maintain a reasonable degree of
17    interest, concern or responsibility as to the child's
18    welfare.
19        (c) Desertion of the child for more than 3 months next
20    preceding the commencement of the Adoption proceeding.
21        (d) Substantial neglect of the child if continuous or
22    repeated.
23        (d-1) Substantial neglect, if continuous or repeated,
24    of any child residing in the household which resulted in
25    the death of that child.
26        (e) Extreme or repeated cruelty to the child.

 

 

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1        (f) There is a rebuttable presumption, which can be
2    overcome only by clear and convincing evidence, that a
3    parent is unfit if:
4            (1) Two or more findings of physical abuse have
5        been entered regarding any children under Section 2-21
6        of the Juvenile Court Act of 1987, the most recent of
7        which was determined by the juvenile court hearing the
8        matter to be supported by clear and convincing
9        evidence; or
10            (2) The parent has been convicted or found not
11        guilty by reason of insanity and the conviction or
12        finding resulted from the death of any child by
13        physical abuse; or
14            (3) There is a finding of physical child abuse
15        resulting from the death of any child under Section
16        2-21 of the Juvenile Court Act of 1987.
17            No conviction or finding of delinquency pursuant
18        to Article 5 of the Juvenile Court Act of 1987 shall be
19        considered a criminal conviction for the purpose of
20        applying any presumption under this item (f).
21        (g) Failure to protect the child from conditions within
22    his environment injurious to the child's welfare.
23        (h) Other neglect of, or misconduct toward the child;
24    provided that in making a finding of unfitness the court
25    hearing the adoption proceeding shall not be bound by any
26    previous finding, order or judgment affecting or

 

 

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1    determining the rights of the parents toward the child
2    sought to be adopted in any other proceeding except such
3    proceedings terminating parental rights as shall be had
4    under either this Act, the Juvenile Court Act or the
5    Juvenile Court Act of 1987.
6        (i) Depravity. Conviction of any one of the following
7    crimes shall create a presumption that a parent is depraved
8    which can be overcome only by clear and convincing
9    evidence: (1) first degree murder in violation of paragraph
10    1 or 2 of subsection (a) of Section 9-1 of the Criminal
11    Code of 1961 or the Criminal Code of 2012 or conviction of
12    second degree murder in violation of subsection (a) of
13    Section 9-2 of the Criminal Code of 1961 or the Criminal
14    Code of 2012 of a parent of the child to be adopted; (2)
15    first degree murder or second degree murder of any child in
16    violation of the Criminal Code of 1961 or the Criminal Code
17    of 2012; (3) attempt or conspiracy to commit first degree
18    murder or second degree murder of any child in violation of
19    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
20    solicitation to commit murder of any child, solicitation to
21    commit murder of any child for hire, or solicitation to
22    commit second degree murder of any child in violation of
23    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
24    predatory criminal sexual assault of a child in violation
25    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
26    or the Criminal Code of 2012; (6) heinous battery of any

 

 

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1    child in violation of the Criminal Code of 1961; or (7)
2    aggravated battery of any child in violation of the
3    Criminal Code of 1961 or the Criminal Code of 2012.
4        There is a rebuttable presumption that a parent is
5    depraved if the parent has been criminally convicted of at
6    least 3 felonies under the laws of this State or any other
7    state, or under federal law, or the criminal laws of any
8    United States territory; and at least one of these
9    convictions took place within 5 years of the filing of the
10    petition or motion seeking termination of parental rights.
11        There is a rebuttable presumption that a parent is
12    depraved if that parent has been criminally convicted of
13    either first or second degree murder of any person as
14    defined in the Criminal Code of 1961 or the Criminal Code
15    of 2012 within 10 years of the filing date of the petition
16    or motion to terminate parental rights.
17        No conviction or finding of delinquency pursuant to
18    Article 5 of the Juvenile Court Act of 1987 shall be
19    considered a criminal conviction for the purpose of
20    applying any presumption under this item (i).
21        (j) Open and notorious adultery or fornication.
22        (j-1) (Blank).
23        (k) Habitual drunkenness or addiction to drugs, other
24    than those prescribed by a physician, for at least one year
25    immediately prior to the commencement of the unfitness
26    proceeding.

 

 

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1        There is a rebuttable presumption that a parent is
2    unfit under this subsection with respect to any child to
3    which that parent gives birth where there is a confirmed
4    test result that at birth the child's blood, urine, or
5    meconium contained any amount of a controlled substance as
6    defined in subsection (f) of Section 102 of the Illinois
7    Controlled Substances Act or metabolites of such
8    substances, the presence of which in the newborn infant was
9    not the result of medical treatment administered to the
10    mother or the newborn infant; and the biological mother of
11    this child is the biological mother of at least one other
12    child who was adjudicated a neglected minor under
13    subsection (c) of Section 2-3 of the Juvenile Court Act of
14    1987.
15        (l) Failure to demonstrate a reasonable degree of
16    interest, concern or responsibility as to the welfare of a
17    new born child during the first 30 days after its birth.
18        (m) Failure by a parent (i) to make reasonable efforts
19    to correct the conditions that were the basis for the
20    removal of the child from the parent, or (ii) to make
21    reasonable progress toward the return of the child to the
22    parent within 9 months after an adjudication of neglected
23    or abused minor under Section 2-3 of the Juvenile Court Act
24    of 1987 or dependent minor under Section 2-4 of that Act,
25    or (iii) to make reasonable progress toward the return of
26    the child to the parent during any 9-month period after the

 

 

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1    end of the initial 9-month period following the
2    adjudication of neglected or abused minor under Section 2-3
3    of the Juvenile Court Act of 1987 or dependent minor under
4    Section 2-4 of that Act. If a service plan has been
5    established as required under Section 8.2 of the Abused and
6    Neglected Child Reporting Act to correct the conditions
7    that were the basis for the removal of the child from the
8    parent and if those services were available, then, for
9    purposes of this Act, "failure to make reasonable progress
10    toward the return of the child to the parent" includes (I)
11    the parent's failure to substantially fulfill his or her
12    obligations under the service plan and correct the
13    conditions that brought the child into care within 9 months
14    after the adjudication under Section 2-3 or 2-4 of the
15    Juvenile Court Act of 1987 and (II) the parent's failure to
16    substantially fulfill his or her obligations under the
17    service plan and correct the conditions that brought the
18    child into care during any 9-month period after the end of
19    the initial 9-month period following the adjudication
20    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
21    Notwithstanding any other provision, when a petition or
22    motion seeks to terminate parental rights on the basis of
23    item (iii) of this subsection (m), the petitioner shall
24    file with the court and serve on the parties a pleading
25    that specifies the 9-month period or periods relied on. The
26    pleading shall be filed and served on the parties no later

 

 

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1    than 3 weeks before the date set by the court for closure
2    of discovery, and the allegations in the pleading shall be
3    treated as incorporated into the petition or motion.
4    Failure of a respondent to file a written denial of the
5    allegations in the pleading shall not be treated as an
6    admission that the allegations are true.
7        (m-1) Pursuant to the Juvenile Court Act of 1987, a
8    child has been in foster care for 15 months out of any 22
9    month period which begins on or after the effective date of
10    this amendatory Act of 1998 unless the child's parent can
11    prove by a preponderance of the evidence that it is more
12    likely than not that it will be in the best interests of
13    the child to be returned to the parent within 6 months of
14    the date on which a petition for termination of parental
15    rights is filed under the Juvenile Court Act of 1987. The
16    15 month time limit is tolled during any period for which
17    there is a court finding that the appointed custodian or
18    guardian failed to make reasonable efforts to reunify the
19    child with his or her family, provided that (i) the finding
20    of no reasonable efforts is made within 60 days of the
21    period when reasonable efforts were not made or (ii) the
22    parent filed a motion requesting a finding of no reasonable
23    efforts within 60 days of the period when reasonable
24    efforts were not made. For purposes of this subdivision
25    (m-1), the date of entering foster care is the earlier of:
26    (i) the date of a judicial finding at an adjudicatory

 

 

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1    hearing that the child is an abused, neglected, or
2    dependent minor; or (ii) 60 days after the date on which
3    the child is removed from his or her parent, guardian, or
4    legal custodian.
5        (n) Evidence of intent to forgo his or her parental
6    rights, whether or not the child is a ward of the court,
7    (1) as manifested by his or her failure for a period of 12
8    months: (i) to visit the child, (ii) to communicate with
9    the child or agency, although able to do so and not
10    prevented from doing so by an agency or by court order, or
11    (iii) to maintain contact with or plan for the future of
12    the child, although physically able to do so, or (2) as
13    manifested by the father's failure, where he and the mother
14    of the child were unmarried to each other at the time of
15    the child's birth, (i) to commence legal proceedings to
16    establish his paternity under the Illinois Parentage Act of
17    1984, the Illinois Parentage Act of 2013, or the law of the
18    jurisdiction of the child's birth within 30 days of being
19    informed, pursuant to Section 12a of this Act, that he is
20    the father or the likely father of the child or, after
21    being so informed where the child is not yet born, within
22    30 days of the child's birth, or (ii) to make a good faith
23    effort to pay a reasonable amount of the expenses related
24    to the birth of the child and to provide a reasonable
25    amount for the financial support of the child, the court to
26    consider in its determination all relevant circumstances,

 

 

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1    including the financial condition of both parents;
2    provided that the ground for termination provided in this
3    subparagraph (n)(2)(ii) shall only be available where the
4    petition is brought by the mother or the husband of the
5    mother.
6        Contact or communication by a parent with his or her
7    child that does not demonstrate affection and concern does
8    not constitute reasonable contact and planning under
9    subdivision (n). In the absence of evidence to the
10    contrary, the ability to visit, communicate, maintain
11    contact, pay expenses and plan for the future shall be
12    presumed. The subjective intent of the parent, whether
13    expressed or otherwise, unsupported by evidence of the
14    foregoing parental acts manifesting that intent, shall not
15    preclude a determination that the parent has intended to
16    forgo his or her parental rights. In making this
17    determination, the court may consider but shall not require
18    a showing of diligent efforts by an authorized agency to
19    encourage the parent to perform the acts specified in
20    subdivision (n).
21        It shall be an affirmative defense to any allegation
22    under paragraph (2) of this subsection that the father's
23    failure was due to circumstances beyond his control or to
24    impediments created by the mother or any other person
25    having legal custody. Proof of that fact need only be by a
26    preponderance of the evidence.

 

 

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1        (o) Repeated or continuous failure by the parents,
2    although physically and financially able, to provide the
3    child with adequate food, clothing, or shelter.
4        (p) Inability to discharge parental responsibilities
5    supported by competent evidence from a psychiatrist,
6    licensed clinical social worker, or clinical psychologist
7    of mental impairment, mental illness or an intellectual
8    disability as defined in Section 1-116 of the Mental Health
9    and Developmental Disabilities Code, or developmental
10    disability as defined in Section 1-106 of that Code, and
11    there is sufficient justification to believe that the
12    inability to discharge parental responsibilities shall
13    extend beyond a reasonable time period. However, this
14    subdivision (p) shall not be construed so as to permit a
15    licensed clinical social worker to conduct any medical
16    diagnosis to determine mental illness or mental
17    impairment.
18        (q) (Blank).
19        (r) The child is in the temporary custody or
20    guardianship of the Department of Children and Family
21    Services, the parent is incarcerated as a result of
22    criminal conviction at the time the petition or motion for
23    termination of parental rights is filed, prior to
24    incarceration the parent had little or no contact with the
25    child or provided little or no support for the child, and
26    the parent's incarceration will prevent the parent from

 

 

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1    discharging his or her parental responsibilities for the
2    child for a period in excess of 2 years after the filing of
3    the petition or motion for termination of parental rights.
4        (s) The child is in the temporary custody or
5    guardianship of the Department of Children and Family
6    Services, the parent is incarcerated at the time the
7    petition or motion for termination of parental rights is
8    filed, the parent has been repeatedly incarcerated as a
9    result of criminal convictions, and the parent's repeated
10    incarceration has prevented the parent from discharging
11    his or her parental responsibilities for the child.
12        (t) A finding that at birth the child's blood, urine,
13    or meconium contained any amount of a controlled substance
14    as defined in subsection (f) of Section 102 of the Illinois
15    Controlled Substances Act, or a metabolite of a controlled
16    substance, with the exception of controlled substances or
17    metabolites of such substances, the presence of which in
18    the newborn infant was the result of medical treatment
19    administered to the mother or the newborn infant, and that
20    the biological mother of this child is the biological
21    mother of at least one other child who was adjudicated a
22    neglected minor under subsection (c) of Section 2-3 of the
23    Juvenile Court Act of 1987, after which the biological
24    mother had the opportunity to enroll in and participate in
25    a clinically appropriate substance abuse counseling,
26    treatment, and rehabilitation program.

 

 

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1    E. "Parent" means the father or mother of a lawful child of
2the parties or child born out of wedlock. For the purpose of
3this Act, a person who has executed a final and irrevocable
4consent to adoption or a final and irrevocable surrender for
5purposes of adoption, or whose parental rights have been
6terminated by a court, is not a parent of the child who was the
7subject of the consent or surrender, unless the consent is void
8pursuant to subsection O of Section 10.
9    F. A person is available for adoption when the person is:
10        (a) a child who has been surrendered for adoption to an
11    agency and to whose adoption the agency has thereafter
12    consented;
13        (b) a child to whose adoption a person authorized by
14    law, other than his parents, has consented, or to whose
15    adoption no consent is required pursuant to Section 8 of
16    this Act;
17        (c) a child who is in the custody of persons who intend
18    to adopt him through placement made by his parents;
19        (c-1) a child for whom a parent has signed a specific
20    consent pursuant to subsection O of Section 10;
21        (d) an adult who meets the conditions set forth in
22    Section 3 of this Act; or
23        (e) a child who has been relinquished as defined in
24    Section 10 of the Abandoned Newborn Infant Protection Act.
25    A person who would otherwise be available for adoption
26shall not be deemed unavailable for adoption solely by reason

 

 

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1of his or her death.
2    G. The singular includes the plural and the plural includes
3the singular and the "male" includes the "female", as the
4context of this Act may require.
5    H. "Adoption disruption" occurs when an adoptive placement
6does not prove successful and it becomes necessary for the
7child to be removed from placement before the adoption is
8finalized.
9    I. "Foreign placing agency" is an agency or individual
10operating in a country or territory outside the United States
11that is authorized by its country to place children for
12adoption either directly with families in the United States or
13through United States based international agencies.
14    J. "Immediate relatives" means the biological parents, the
15parents of the biological parents and siblings of the
16biological parents.
17    K. "Intercountry adoption" is a process by which a child
18from a country other than the United States is adopted.
19    L. "Intercountry Adoption Coordinator" is a staff person of
20the Department of Children and Family Services appointed by the
21Director to coordinate the provision of services by the public
22and private sector to prospective parents of foreign-born
23children.
24    M. "Interstate Compact on the Placement of Children" is a
25law enacted by most states for the purpose of establishing
26uniform procedures for handling the interstate placement of

 

 

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1children in foster homes, adoptive homes, or other child care
2facilities.
3    N. "Non-Compact state" means a state that has not enacted
4the Interstate Compact on the Placement of Children.
5    O. "Preadoption requirements" are any conditions
6established by the laws or regulations of the Federal
7Government or of each state that must be met prior to the
8placement of a child in an adoptive home.
9    P. "Abused child" means a child whose parent or immediate
10family member, or any person responsible for the child's
11welfare, or any individual residing in the same home as the
12child, or a paramour of the child's parent:
13        (a) inflicts, causes to be inflicted, or allows to be
14    inflicted upon the child physical injury, by other than
15    accidental means, that causes death, disfigurement,
16    impairment of physical or emotional health, or loss or
17    impairment of any bodily function;
18        (b) creates a substantial risk of physical injury to
19    the child by other than accidental means which would be
20    likely to cause death, disfigurement, impairment of
21    physical or emotional health, or loss or impairment of any
22    bodily function;
23        (c) commits or allows to be committed any sex offense
24    against the child, as sex offenses are defined in the
25    Criminal Code of 2012 and extending those definitions of
26    sex offenses to include children under 18 years of age;

 

 

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1        (d) commits or allows to be committed an act or acts of
2    torture upon the child; or
3        (e) inflicts excessive corporal punishment.
4    Q. "Neglected child" means any child whose parent or other
5person responsible for the child's welfare withholds or denies
6nourishment or medically indicated treatment including food or
7care denied solely on the basis of the present or anticipated
8mental or physical impairment as determined by a physician
9acting alone or in consultation with other physicians or
10otherwise does not provide the proper or necessary support,
11education as required by law, or medical or other remedial care
12recognized under State law as necessary for a child's
13well-being, or other care necessary for his or her well-being,
14including adequate food, clothing and shelter; or who is
15abandoned by his or her parents or other person responsible for
16the child's welfare.
17    A child shall not be considered neglected or abused for the
18sole reason that the child's parent or other person responsible
19for his or her welfare depends upon spiritual means through
20prayer alone for the treatment or cure of disease or remedial
21care as provided under Section 4 of the Abused and Neglected
22Child Reporting Act. A child shall not be considered neglected
23or abused for the sole reason that the child's parent or other
24person responsible for the child's welfare failed to vaccinate,
25delayed vaccination, or refused vaccination for the child due
26to a waiver on religious or medical grounds as permitted by

 

 

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1law.
2    R. "Putative father" means a man who may be a child's
3father, but who (1) is not married to the child's mother on or
4before the date that the child was or is to be born and (2) has
5not established paternity of the child in a court proceeding
6before the filing of a petition for the adoption of the child.
7The term includes a male who is less than 18 years of age.
8"Putative father" does not mean a man who is the child's father
9as a result of criminal sexual abuse or assault as defined
10under Article 11 of the Criminal Code of 2012.
11    S. "Standby adoption" means an adoption in which a parent
12consents to custody and termination of parental rights to
13become effective upon the occurrence of a future event, which
14is either the death of the parent or the request of the parent
15for the entry of a final judgment of adoption.
16    T. (Blank).
17(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
1897-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
19    (750 ILCS 50/8)  (from Ch. 40, par. 1510)
20    Sec. 8. Consents to adoption and surrenders for purposes of
21adoption.
22    (a) Except as hereinafter provided in this Section consents
23or surrenders shall be required in all cases, unless the person
24whose consent or surrender would otherwise be required shall be
25found by the court:

 

 

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1        (1) to be an unfit person as defined in Section 1 of
2    this Act, by clear and convincing evidence; or
3        (2) not to be the biological or adoptive father of the
4    child; or
5        (3) to have waived his parental rights to the child
6    under Section 12a or 12.1 or subsection S of Section 10 of
7    this Act; or
8        (4) to be the parent of an adult sought to be adopted;
9    or
10        (5) to be the father of the child as a result of
11    criminal sexual abuse or assault as defined under Article
12    11 of the Criminal Code of 2012; or
13        (6) to be the father of a child who:
14            (i) is a family member of the mother of the child,
15        and the mother is under the age of 18 at the time of
16        the child's conception; for purposes of this
17        subsection, a "family member" is a parent,
18        step-parent, grandparent, step-grandparent, sibling,
19        or cousin of the first degree, whether by whole blood,
20        half-blood, or adoption, as well as a person age 18 or
21        over at the time of the child's conception who has
22        resided in the household with the mother continuously
23        for at least one year; or
24            (ii) is at least 5 years older than the child's
25        mother, and the mother was under the age of 17 at the
26        time of the child's conception, unless the mother and

 

 

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1        father voluntarily acknowledge the father's paternity
2        of the child by marrying or by establishing the
3        father's paternity by consent of the parties pursuant
4        to the Illinois Parentage Act of 2013 1984 or pursuant
5        to a substantially similar statute in another state.
6        A criminal conviction of any offense pursuant to
7    Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
8    11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
9    19-6, or Article 12 of the Criminal Code of 1961 or the
10    Criminal Code of 2012 is not required.
11    (b) Where consents are required in the case of an adoption
12of a minor child, the consents of the following persons shall
13be sufficient:
14        (1) (A) The mother of the minor child; and
15            (B) The father of the minor child, if the father:
16                (i) was married to the mother on the date of
17            birth of the child or within 300 days before the
18            birth of the child, except for a husband or former
19            husband who has been found by a court of competent
20            jurisdiction not to be the biological father of the
21            child; or
22                (ii) is the father of the child under a
23            judgment for adoption, an order of parentage, or an
24            acknowledgment of parentage or paternity pursuant
25            to subsection (a) of Section 5 of the Illinois
26            Parentage Act of 1984 or pursuant to Article 3 of

 

 

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1            the Illinois Parentage Act of 2013; or
2                (iii) in the case of a child placed with the
3            adopting parents less than 6 months after birth,
4            openly lived with the child, the child's
5            biological mother, or both, and held himself out to
6            be the child's biological father during the first
7            30 days following the birth of the child; or
8                (iv) in the case of a child placed with the
9            adopting parents less than 6 months after birth,
10            made a good faith effort to pay a reasonable amount
11            of the expenses related to the birth of the child
12            and to provide a reasonable amount for the
13            financial support of the child before the
14            expiration of 30 days following the birth of the
15            child, provided that the court may consider in its
16            determination all relevant circumstances,
17            including the financial condition of both
18            biological parents; or
19                (v) in the case of a child placed with the
20            adopting parents more than 6 months after birth,
21            has maintained substantial and continuous or
22            repeated contact with the child as manifested by:
23            (I) the payment by the father toward the support of
24            the child of a fair and reasonable sum, according
25            to the father's means, and either (II) the father's
26            visiting the child at least monthly when

 

 

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1            physically and financially able to do so and not
2            prevented from doing so by the person or authorized
3            agency having lawful custody of the child, or (III)
4            the father's regular communication with the child
5            or with the person or agency having the care or
6            custody of the child, when physically and
7            financially unable to visit the child or prevented
8            from doing so by the person or authorized agency
9            having lawful custody of the child. The subjective
10            intent of the father, whether expressed or
11            otherwise unsupported by evidence of acts
12            specified in this sub-paragraph as manifesting
13            such intent, shall not preclude a determination
14            that the father failed to maintain substantial and
15            continuous or repeated contact with the child; or
16                (vi) in the case of a child placed with the
17            adopting parents more than six months after birth,
18            openly lived with the child for a period of six
19            months within the one year period immediately
20            preceding the placement of the child for adoption
21            and openly held himself out to be the father of the
22            child; or
23                (vii) has timely registered with Putative
24            Father Registry, as provided in Section 12.1 of
25            this Act, and prior to the expiration of 30 days
26            from the date of such registration, commenced

 

 

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1            legal proceedings to establish paternity under the
2            Illinois Parentage Act of 1984, under the Illinois
3            Parentage Act of 2013, or under the law of the
4            jurisdiction of the child's birth; or
5        (2) The legal guardian of the person of the child, if
6    there is no surviving parent; or
7        (3) An agency, if the child has been surrendered for
8    adoption to such agency; or
9        (4) Any person or agency having legal custody of a
10    child by court order if the parental rights of the parents
11    have been judicially terminated, and the court having
12    jurisdiction of the guardianship of the child has
13    authorized the consent to the adoption; or
14        (5) The execution and verification of the petition by
15    any petitioner who is also a parent of the child sought to
16    be adopted shall be sufficient evidence of such parent's
17    consent to the adoption.
18    (c) Where surrenders to an agency are required in the case
19of a placement for adoption of a minor child by an agency, the
20surrenders of the following persons shall be sufficient:
21        (1) (A) The mother of the minor child; and
22            (B) The father of the minor child, if the father:
23                (i) was married to the mother on the date of
24            birth of the child or within 300 days before the
25            birth of the child, except for a husband or former
26            husband who has been found by a court of competent

 

 

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1            jurisdiction not to be the biological father of the
2            child; or
3                (ii) is the father of the child under a
4            judgment for adoption, an order of parentage, or an
5            acknowledgment of parentage or paternity pursuant
6            to subsection (a) of Section 5 of the Illinois
7            Parentage Act of 1984 or pursuant to Article 3 of
8            the Illinois Parentage Act of 2013; or
9                (iii) in the case of a child placed with the
10            adopting parents less than 6 months after birth,
11            openly lived with the child, the child's
12            biological mother, or both, and held himself out to
13            be the child's biological father during the first
14            30 days following the birth of a child; or
15                (iv) in the case of a child placed with the
16            adopting parents less than 6 months after birth,
17            made a good faith effort to pay a reasonable amount
18            of the expenses related to the birth of the child
19            and to provide a reasonable amount for the
20            financial support of the child before the
21            expiration of 30 days following the birth of the
22            child, provided that the court may consider in its
23            determination all relevant circumstances,
24            including the financial condition of both
25            biological parents; or
26                (v) in the case of a child placed with the

 

 

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

 

 

09800HB1243ham001- 239 -LRB098 03015 HEP 40651 a

1            preceding the placement of the child for adoption
2            and openly held himself out to be the father of the
3            child; or
4                (vii) has timely registered with the Putative
5            Father Registry, as provided in Section 12.1 of
6            this Act, and prior to the expiration of 30 days
7            from the date of such registration, commenced
8            legal proceedings to establish paternity under the
9            Illinois Parentage Act of 1984, under the Illinois
10            Parentage Act of 2013, or under the law of the
11            jurisdiction of the child's birth.
12    (d) In making a determination under subparagraphs (b)(1)
13and (c)(1), no showing shall be required of diligent efforts by
14a person or agency to encourage the father to perform the acts
15specified therein.
16    (e) In the case of the adoption of an adult, only the
17consent of such adult shall be required.
18(Source: P.A. 97-493, eff. 8-22-11; 97-1150, eff. 1-25-13.)
 
19    (750 ILCS 50/12a)  (from Ch. 40, par. 1515)
20    Sec. 12a. Notice to putative father.
21    1. Upon the written request to any Clerk of any Circuit
22Court, and upon the payment of a filing fee of $10.00, by any
23interested party, including persons intending to adopt a child,
24a child welfare agency with whom the mother has placed or has
25given written notice of her intention to place a child for

 

 

09800HB1243ham001- 240 -LRB098 03015 HEP 40651 a

1adoption, the mother of a child, or any attorney representing
2an interested party, a notice, the declaration of paternity and
3the disclaimer of paternity may be served on a putative father
4in the same manner as Summons is served in other civil
5proceedings, or, in lieu of personal service, service may be
6made as follows:
7        (a) The person requesting notice shall pay to the Clerk
8    of the Court a mailing fee of $2 plus the cost of U. S.
9    postage for certified or registered mail and furnish to the
10    Clerk an original and one copy of a notice, the declaration
11    of paternity and the disclaimer of paternity together with
12    an Affidavit setting forth the putative father's last known
13    address. The original notice, the declaration of paternity
14    and the disclaimer of paternity shall be retained by the
15    Clerk.
16        (b) The Clerk shall forthwith mail to the putative
17    father, at the address appearing in the Affidavit, the copy
18    of the notice, the declaration of paternity and the
19    disclaimer of paternity, by certified mail, return receipt
20    requested; the envelope and return receipt shall bear the
21    return address of the Clerk. The receipt for certified mail
22    shall state the name and address of the addressee, and the
23    date of mailing, and shall be attached to the original
24    notice.
25        (c) The return receipt, when returned to the Clerk,
26    shall be attached to the original notice, the declaration

 

 

09800HB1243ham001- 241 -LRB098 03015 HEP 40651 a

1    of paternity and the disclaimer of paternity, and shall
2    constitute proof of service.
3        (d) The Clerk shall note the fact of service in a
4    permanent record.
5    2. The notice shall be signed by the Clerk, and may be
6served on the putative father at any time after conception, and
7shall read as follows:
8    "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
9    You have been identified as the father of a child born or
10expected to be born on or about (insert date).
11    The mother of the child is.....
12    The mother has indicated that she intends to place the
13child for adoption.
14    As the alleged father of the child, you have certain legal
15rights with respect to the child, including the right to notice
16of the filing of proceedings instituted for the adoption of the
17child. If you wish to retain your rights with respect to the
18child, you must file with the Clerk of this Circuit Court of
19.... County, Illinois, whose address is ...., Illinois, within
2030 days after the date of receipt of this notice, the
21declaration of paternity enclosed herewith stating that you
22are, in fact, the father of the child and that you intend to
23retain your legal rights with respect to the child, or request
24to be notified of any further proceedings with respect to
25custody or adoption of the child.
26    If you do not file such a declaration of paternity, or a

 

 

09800HB1243ham001- 242 -LRB098 03015 HEP 40651 a

1request for notice, then whatever legal rights you have with
2respect to the child, including the right to notice of any
3future proceedings for the adoption of the child, may be
4terminated without any further notice to you. When your legal
5rights with respect to the child are so terminated, you will
6not be entitled to notice of any proceeding instituted for the
7adoption of the child.
8    If you are not the father of the child, you may file with
9the Clerk of this Court the disclaimer of paternity enclosed
10herewith which will be noted in the Clerk's file and you will
11receive no further notice with respect to the child."
12    The declaration of paternity shall be substantially as
13follows:
14
"IN THE CIRCUIT COURT OF THE
15
.......... JUDICIAL CIRCUIT, ILLINOIS
16
.......... County
 
17             )  
18             )  
19             )  No.              )  
20             )
21
DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
22I, ........., state as follows:
23    (1) That I am ......... years of age; and I reside at
24......... in the County of ........., State of .........
25    (2) That I have been advised that ........ is the mother of
26a ...male child named ........ born or expected to be born on

 

 

09800HB1243ham001- 243 -LRB098 03015 HEP 40651 a

1or about ......... and that such mother has stated that I am
2the father of this child.
3    (3) I declare that I am the father of this child.
4    (4) I understand that the mother of this child wishes to
5consent to the adoption of this child. I do not consent to the
6adoption of this child, and I understand that I must return
7this initial declaration of parentage form to the Clerk of the
8Circuit Court of ....... County, located at ........., within
930 days of receipt of this notice.
10    (5) I further understand that I am also obligated to
11establish my paternity pursuant to the Illinois Parentage Act
12of 2013 1984 within 30 days of my receiving this notice or, if
13the child is not yet born, within 30 days after the birth of
14the child. This proceeding is separate and distinct from the
15above mailing of initial declaration of paternity; in this
16second notice, I must state that I am, in fact, the father of
17said child, and that I intend to retain my legal rights with
18respect to said child, and request to be notified of any
19further proceedings with respect to custody or adoption of the
20child.
21    (6) I hereby enter my appearance in the above entitled
22cause.
23
OATH
24    I have been duly sworn and I say under oath that I have
25read and understand this Declaration of Paternity With Entry of
26Appearance. The facts that it contains are true and correct to

 

 

09800HB1243ham001- 244 -LRB098 03015 HEP 40651 a

1the best of my knowledge, and I understand that by signing this
2document I admit my paternity. I have signed this document as
3my free and voluntary act.
4
...........
5
(signature)
6Dated (insert date).
7Signed and sworn before me on (insert date).
8
................
9
(notary public)".

 
10
11    The disclaimer of paternity shall be substantially as
12follows:
13
"IN THE CIRCUIT COURT OF THE
14
.......... JUDICIAL CIRCUIT, ILLINOIS
15
.......... County
 
16             )  
17             )  
18             )  No.              )  
19             )
20
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
21
AND CONSENT TO ADOPTION
22I, .........., state as follows:
23    (1) That I am ..... years of age; and I reside at
24.......... in the County of .........., State of ...........
25    (2) That I have been advised that .......... is the mother

 

 

09800HB1243ham001- 245 -LRB098 03015 HEP 40651 a

1of a .....male child named ..... born or expected to be born on
2or about ..... and that such mother has stated that I am the
3father of this child.
4    (3) I deny that I am the father of this child.
5    (4) I further understand that the mother of this child
6wishes to consent to the adoption of the child. I hereby
7consent to the adoption of this child, and waive any rights,
8remedies and defenses that I may now or in the future have as a
9result of the mother's allegation of the paternity of this
10child. This consent is being given in order to facilitate the
11adoption of the child and so that the court may terminate what
12rights I may have to the child as a result of being named the
13father by the mother. This consent is not in any manner an
14admission of paternity.
15    (5) I hereby enter my appearance in the above entitled
16cause and waive service of summons and other pleading.
17
OATH
18    I have been duly sworn and I say under oath that I have
19read and understood this Denial of Paternity With Entry of
20Appearance and Consent to Adoption. The facts it contains are
21true and correct to the best of my knowledge, and I understand
22that by signing this document I have not admitted paternity. I
23have signed this document as my free and voluntary act in order
24to facilitate the adoption of the child.
25
...........
26
(signature)

 

 

09800HB1243ham001- 246 -LRB098 03015 HEP 40651 a

1Dated (insert date).
2Signed and sworn before me on (insert date).
3
.................
4
(notary public)".

 
5
6    The names of adoptive parents shall not be included in the
7notice.
8    3. If the putative father files a disclaimer of paternity,
9he shall be deemed not to be the father of the child with
10respect to any adoption or other proceeding held to terminate
11the rights of parents as respects such child.
12    4. In the event the putative father does not file a
13declaration of paternity of the child or request for notice
14within 30 days of service of the above notice, he need not be
15made a party to or given notice of any proceeding brought for
16the adoption of the child. An Order or judgment may be entered
17in such proceeding terminating all of his rights with respect
18to the child without further notice to him.
19    5. If the putative father files a declaration of paternity
20or a request for notice in accordance with subsection 2, with
21respect to the child, he shall be given notice in event any
22proceeding is brought for the adoption of the child.
23    6. The Clerk shall maintain separate numbered files and
24records of requests and proofs of service and all other
25documents filed pursuant to this article. All such records

 

 

09800HB1243ham001- 247 -LRB098 03015 HEP 40651 a

1shall be impounded.
2(Source: P.A. 91-357, eff. 7-29-99.)
 
3    (750 ILCS 50/18.06)
4    Sec. 18.06. Definitions. When used in Sections 18.05
5through Section 18.6, for the purposes of the Registry:
6    "Adopted person" means a person who was adopted pursuant to
7the laws in effect at the time of the adoption.
8    "Adoptive parent" means a person who has become a parent
9through the legal process of adoption.
10    "Adult child" means the biological child 21 years of age or
11over of a deceased adopted or surrendered person.
12    "Adult Adopted or Surrendered Person" means an adopted or
13surrendered person 21 years of age or over.
14    "Agency" means a public child welfare agency or a licensed
15child welfare agency.
16    "Birth aunt" means the adult full or half sister of a
17deceased birth parent.
18    "Birth father" means the biological father of an adopted or
19surrendered person who is named on the original certificate of
20live birth or on a consent or surrender document, or a
21biological father whose paternity has been established by a
22judgment or order of the court, pursuant to the Illinois
23Parentage Act of 1984 or the Illinois Parentage Act of 2013.
24    "Birth mother" means the biological mother of an adopted or
25surrendered person.

 

 

09800HB1243ham001- 248 -LRB098 03015 HEP 40651 a

1    "Birth parent" means a birth mother or birth father of an
2adopted or surrendered person.
3    "Birth Parent Preference Form" means the form prepared by
4the Department of Public Health pursuant to Section 18.2
5completed by a birth parent registrant and filed with the
6Registry that indicates the birth parent's preferences
7regarding contact and, if applicable, the release of his or her
8identifying information on the non-certified copy of the
9original birth certificate released to an adult adopted or
10surrendered person or to the surviving adult child or surviving
11spouse of a deceased adopted or surrendered person who has
12filed a Request for a Non-Certified Copy of an Original Birth
13Certificate.
14    "Birth relative" means a birth mother, birth father, birth
15sibling, birth aunt, or birth uncle.
16    "Birth sibling" means the adult full or half sibling of an
17adopted or surrendered person.
18    "Birth uncle" means the adult full or half brother of a
19deceased birth parent.
20    "Confidential intermediary" means an individual certified
21by the Department of Children and Family Services pursuant to
22Section 18.3a(e).
23    "Denial of Information Exchange" means an affidavit
24completed by a registrant with the Illinois Adoption Registry
25and Medical Information Exchange denying the release of
26identifying information which has been filed with the Registry.

 

 

09800HB1243ham001- 249 -LRB098 03015 HEP 40651 a

1    "Information Exchange Authorization" means an affidavit
2completed by a registrant with the Illinois Adoption Registry
3and Medical Information Exchange authorizing the release of
4identifying information which has been filed with the Registry.
5    "Medical Information Exchange Questionnaire" means the
6medical history questionnaire completed by a registrant of the
7Illinois Adoption Registry and Medical Information Exchange.
8    "Non-certified Copy of the Original Birth Certificate"
9means a non-certified copy of the original certificate of live
10birth of an adult adopted or surrendered person who was born in
11Illinois.
12    "Proof of death" means a death certificate.
13    "Registrant" or "Registered Party" means a birth parent,
14birth sibling, birth aunt, birth uncle, adopted or surrendered
15person 21 years of age or over, adoptive parent or legal
16guardian of an adopted or surrendered person under the age of
1721, or adoptive parent, surviving spouse, or adult child of a
18deceased adopted or surrendered person who has filed an
19Illinois Adoption Registry Application or Registration
20Identification Form with the Registry.
21    "Registry" means the Illinois Adoption Registry and
22Medical Information Exchange.
23    "Request for a Non-Certified Copy of an Original Birth
24Certificate" means an affidavit completed by an adult adopted
25or surrendered person or by the surviving adult child or
26surviving spouse of a deceased adopted or surrendered person

 

 

09800HB1243ham001- 250 -LRB098 03015 HEP 40651 a

1and filed with the Registry requesting a non-certified copy of
2an adult adopted or surrendered person's original certificate
3of live birth in Illinois.
4    "Surrendered person" means a person whose parents' rights
5have been surrendered or terminated but who has not been
6adopted.
7    "Surviving spouse" means the wife or husband, 21 years of
8age or older, of a deceased adopted or surrendered person who
9would be 21 years of age or older if still alive and who has one
10or more surviving biological children who are under the age of
1121.
12    "18.3 Statement" means a statement regarding the
13disclosure of identifying information signed by a birth parent
14under Section 18.3 of this Act as it existed immediately prior
15to the effective date of this amendatory Act of the 96th
16General Assembly.
17(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
 
18    Section 973. The Illinois Domestic Violence Act of 1986 is
19amended by changing Sections 202 and 214 as follows:
 
20    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
21    Sec. 202. Commencement of action; filing fees; dismissal.
22    (a) How to commence action. Actions for orders of
23protection are commenced:
24        (1) Independently: By filing a petition for an order of

 

 

09800HB1243ham001- 251 -LRB098 03015 HEP 40651 a

1    protection in any civil court, unless specific courts are
2    designated by local rule or order.
3        (2) In conjunction with another civil proceeding: By
4    filing a petition for an order of protection under the same
5    case number as another civil proceeding involving the
6    parties, including but not limited to: (i) any proceeding
7    under the Illinois Marriage and Dissolution of Marriage
8    Act, Illinois Parentage Act of 2013 1984, Nonsupport of
9    Spouse and Children Act, Revised Uniform Reciprocal
10    Enforcement of Support Act or an action for nonsupport
11    brought under Article 10 of the Illinois Public Aid Code,
12    provided that a petitioner and the respondent are a party
13    to or the subject of that proceeding or (ii) a guardianship
14    proceeding under the Probate Act of 1975, or a proceeding
15    for involuntary commitment under the Mental Health and
16    Developmental Disabilities Code, or any proceeding, other
17    than a delinquency petition, under the Juvenile Court Act
18    of 1987, provided that a petitioner or the respondent is a
19    party to or the subject of such proceeding.
20        (3) In conjunction with a delinquency petition or a
21    criminal prosecution: By filing a petition for an order of
22    protection, under the same case number as the delinquency
23    petition or criminal prosecution, to be granted during
24    pre-trial release of a defendant, with any dispositional
25    order issued under Section 5-710 of the Juvenile Court Act
26    of 1987 or as a condition of release, supervision,

 

 

09800HB1243ham001- 252 -LRB098 03015 HEP 40651 a

1    conditional discharge, probation, periodic imprisonment,
2    parole or mandatory supervised release, or in conjunction
3    with imprisonment or a bond forfeiture warrant; provided
4    that:
5            (i) the violation is alleged in an information,
6        complaint, indictment or delinquency petition on file,
7        and the alleged offender and victim are family or
8        household members or persons protected by this Act; and
9            (ii) the petition, which is filed by the State's
10        Attorney, names a victim of the alleged crime as a
11        petitioner.
12    (b) Filing, certification, and service fees. No fee shall
13be charged by the clerk for filing, amending, vacating,
14certifying, or photocopying petitions or orders; or for issuing
15alias summons; or for any related filing service. No fee shall
16be charged by the sheriff for service by the sheriff of a
17petition, rule, motion, or order in an action commenced under
18this Section.
19    (c) Dismissal and consolidation. Withdrawal or dismissal
20of any petition for an order of protection prior to
21adjudication where the petitioner is represented by the State
22shall operate as a dismissal without prejudice. No action for
23an order of protection shall be dismissed because the
24respondent is being prosecuted for a crime against the
25petitioner. An independent action may be consolidated with
26another civil proceeding, as provided by paragraph (2) of

 

 

09800HB1243ham001- 253 -LRB098 03015 HEP 40651 a

1subsection (a) of this Section. For any action commenced under
2paragraph (2) or (3) of subsection (a) of this Section,
3dismissal of the conjoined case (or a finding of not guilty)
4shall not require dismissal of the action for the order of
5protection; instead, it may be treated as an independent action
6and, if necessary and appropriate, transferred to a different
7court or division. Dismissal of any conjoined case shall not
8affect the validity of any previously issued order of
9protection, and thereafter subsections (b)(1) and (b)(2) of
10Section 220 shall be inapplicable to such order.
11    (d) Pro se petitions. The court shall provide, through the
12office of the clerk of the court, simplified forms and clerical
13assistance to help with the writing and filing of a petition
14under this Section by any person not represented by counsel. In
15addition, that assistance may be provided by the state's
16attorney.
17(Source: P.A. 93-458, eff. 1-1-04.)
 
18    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
19    Sec. 214. Order of protection; remedies.
20    (a) Issuance of order. If the court finds that petitioner
21has been abused by a family or household member or that
22petitioner is a high-risk adult who has been abused, neglected,
23or exploited, as defined in this Act, an order of protection
24prohibiting the abuse, neglect, or exploitation shall issue;
25provided that petitioner must also satisfy the requirements of

 

 

09800HB1243ham001- 254 -LRB098 03015 HEP 40651 a

1one of the following Sections, as appropriate: Section 217 on
2emergency orders, Section 218 on interim orders, or Section 219
3on plenary orders. Petitioner shall not be denied an order of
4protection because petitioner or respondent is a minor. The
5court, when determining whether or not to issue an order of
6protection, shall not require physical manifestations of abuse
7on the person of the victim. Modification and extension of
8prior orders of protection shall be in accordance with this
9Act.
10    (b) Remedies and standards. The remedies to be included in
11an order of protection shall be determined in accordance with
12this Section and one of the following Sections, as appropriate:
13Section 217 on emergency orders, Section 218 on interim orders,
14and Section 219 on plenary orders. The remedies listed in this
15subsection shall be in addition to other civil or criminal
16remedies available to petitioner.
17        (1) Prohibition of abuse, neglect, or exploitation.
18    Prohibit respondent's harassment, interference with
19    personal liberty, intimidation of a dependent, physical
20    abuse, or willful deprivation, neglect or exploitation, as
21    defined in this Act, or stalking of the petitioner, as
22    defined in Section 12-7.3 of the Criminal Code of 2012, if
23    such abuse, neglect, exploitation, or stalking has
24    occurred or otherwise appears likely to occur if not
25    prohibited.
26        (2) Grant of exclusive possession of residence.

 

 

09800HB1243ham001- 255 -LRB098 03015 HEP 40651 a

1    Prohibit respondent from entering or remaining in any
2    residence, household, or premises of the petitioner,
3    including one owned or leased by respondent, if petitioner
4    has a right to occupancy thereof. The grant of exclusive
5    possession of the residence, household, or premises shall
6    not affect title to real property, nor shall the court be
7    limited by the standard set forth in Section 701 of the
8    Illinois Marriage and Dissolution of Marriage Act.
9            (A) Right to occupancy. A party has a right to
10        occupancy of a residence or household if it is solely
11        or jointly owned or leased by that party, that party's
12        spouse, a person with a legal duty to support that
13        party or a minor child in that party's care, or by any
14        person or entity other than the opposing party that
15        authorizes that party's occupancy (e.g., a domestic
16        violence shelter). Standards set forth in subparagraph
17        (B) shall not preclude equitable relief.
18            (B) Presumption of hardships. If petitioner and
19        respondent each has the right to occupancy of a
20        residence or household, the court shall balance (i) the
21        hardships to respondent and any minor child or
22        dependent adult in respondent's care resulting from
23        entry of this remedy with (ii) the hardships to
24        petitioner and any minor child or dependent adult in
25        petitioner's care resulting from continued exposure to
26        the risk of abuse (should petitioner remain at the

 

 

09800HB1243ham001- 256 -LRB098 03015 HEP 40651 a

1        residence or household) or from loss of possession of
2        the residence or household (should petitioner leave to
3        avoid the risk of abuse). When determining the balance
4        of hardships, the court shall also take into account
5        the accessibility of the residence or household.
6        Hardships need not be balanced if respondent does not
7        have a right to occupancy.
8            The balance of hardships is presumed to favor
9        possession by petitioner unless the presumption is
10        rebutted by a preponderance of the evidence, showing
11        that the hardships to respondent substantially
12        outweigh the hardships to petitioner and any minor
13        child or dependent adult in petitioner's care. The
14        court, on the request of petitioner or on its own
15        motion, may order respondent to provide suitable,
16        accessible, alternate housing for petitioner instead
17        of excluding respondent from a mutual residence or
18        household.
19        (3) Stay away order and additional prohibitions. Order
20    respondent to stay away from petitioner or any other person
21    protected by the order of protection, or prohibit
22    respondent from entering or remaining present at
23    petitioner's school, place of employment, or other
24    specified places at times when petitioner is present, or
25    both, if reasonable, given the balance of hardships.
26    Hardships need not be balanced for the court to enter a

 

 

09800HB1243ham001- 257 -LRB098 03015 HEP 40651 a

1    stay away order or prohibit entry if respondent has no
2    right to enter the premises.
3            (A) If an order of protection grants petitioner
4        exclusive possession of the residence, or prohibits
5        respondent from entering the residence, or orders
6        respondent to stay away from petitioner or other
7        protected persons, then the court may allow respondent
8        access to the residence to remove items of clothing and
9        personal adornment used exclusively by respondent,
10        medications, and other items as the court directs. The
11        right to access shall be exercised on only one occasion
12        as the court directs and in the presence of an
13        agreed-upon adult third party or law enforcement
14        officer.
15            (B) When the petitioner and the respondent attend
16        the same public, private, or non-public elementary,
17        middle, or high school, the court when issuing an order
18        of protection and providing relief shall consider the
19        severity of the act, any continuing physical danger or
20        emotional distress to the petitioner, the educational
21        rights guaranteed to the petitioner and respondent
22        under federal and State law, the availability of a
23        transfer of the respondent to another school, a change
24        of placement or a change of program of the respondent,
25        the expense, difficulty, and educational disruption
26        that would be caused by a transfer of the respondent to

 

 

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1        another school, and any other relevant facts of the
2        case. The court may order that the respondent not
3        attend the public, private, or non-public elementary,
4        middle, or high school attended by the petitioner,
5        order that the respondent accept a change of placement
6        or change of program, as determined by the school
7        district or private or non-public school, or place
8        restrictions on the respondent's movements within the
9        school attended by the petitioner. The respondent
10        bears the burden of proving by a preponderance of the
11        evidence that a transfer, change of placement, or
12        change of program of the respondent is not available.
13        The respondent also bears the burden of production with
14        respect to the expense, difficulty, and educational
15        disruption that would be caused by a transfer of the
16        respondent to another school. A transfer, change of
17        placement, or change of program is not unavailable to
18        the respondent solely on the ground that the respondent
19        does not agree with the school district's or private or
20        non-public school's transfer, change of placement, or
21        change of program or solely on the ground that the
22        respondent fails or refuses to consent or otherwise
23        does not take an action required to effectuate a
24        transfer, change of placement, or change of program.
25        When a court orders a respondent to stay away from the
26        public, private, or non-public school attended by the

 

 

09800HB1243ham001- 259 -LRB098 03015 HEP 40651 a

1        petitioner and the respondent requests a transfer to
2        another attendance center within the respondent's
3        school district or private or non-public school, the
4        school district or private or non-public school shall
5        have sole discretion to determine the attendance
6        center to which the respondent is transferred. In the
7        event the court order results in a transfer of the
8        minor respondent to another attendance center, a
9        change in the respondent's placement, or a change of
10        the respondent's program, the parents, guardian, or
11        legal custodian of the respondent is responsible for
12        transportation and other costs associated with the
13        transfer or change.
14            (C) The court may order the parents, guardian, or
15        legal custodian of a minor respondent to take certain
16        actions or to refrain from taking certain actions to
17        ensure that the respondent complies with the order. In
18        the event the court orders a transfer of the respondent
19        to another school, the parents, guardian, or legal
20        custodian of the respondent is responsible for
21        transportation and other costs associated with the
22        change of school by the respondent.
23        (4) Counseling. Require or recommend the respondent to
24    undergo counseling for a specified duration with a social
25    worker, psychologist, clinical psychologist, psychiatrist,
26    family service agency, alcohol or substance abuse program,

 

 

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1    mental health center guidance counselor, agency providing
2    services to elders, program designed for domestic violence
3    abusers or any other guidance service the court deems
4    appropriate. The Court may order the respondent in any
5    intimate partner relationship to report to an Illinois
6    Department of Human Services protocol approved partner
7    abuse intervention program for an assessment and to follow
8    all recommended treatment.
9        (5) Physical care and possession of the minor child. In
10    order to protect the minor child from abuse, neglect, or
11    unwarranted separation from the person who has been the
12    minor child's primary caretaker, or to otherwise protect
13    the well-being of the minor child, the court may do either
14    or both of the following: (i) grant petitioner physical
15    care or possession of the minor child, or both, or (ii)
16    order respondent to return a minor child to, or not remove
17    a minor child from, the physical care of a parent or person
18    in loco parentis.
19        If a court finds, after a hearing, that respondent has
20    committed abuse (as defined in Section 103) of a minor
21    child, there shall be a rebuttable presumption that
22    awarding physical care to respondent would not be in the
23    minor child's best interest.
24        (6) Temporary legal custody. Award temporary legal
25    custody to petitioner in accordance with this Section, the
26    Illinois Marriage and Dissolution of Marriage Act, the

 

 

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1    Illinois Parentage Act of 2013 1984, and this State's
2    Uniform Child-Custody Jurisdiction and Enforcement Act.
3        If a court finds, after a hearing, that respondent has
4    committed abuse (as defined in Section 103) of a minor
5    child, there shall be a rebuttable presumption that
6    awarding temporary legal custody to respondent would not be
7    in the child's best interest.
8        (7) Visitation. Determine the visitation rights, if
9    any, of respondent in any case in which the court awards
10    physical care or temporary legal custody of a minor child
11    to petitioner. The court shall restrict or deny
12    respondent's visitation with a minor child if the court
13    finds that respondent has done or is likely to do any of
14    the following: (i) abuse or endanger the minor child during
15    visitation; (ii) use the visitation as an opportunity to
16    abuse or harass petitioner or petitioner's family or
17    household members; (iii) improperly conceal or detain the
18    minor child; or (iv) otherwise act in a manner that is not
19    in the best interests of the minor child. The court shall
20    not be limited by the standards set forth in Section 607.1
21    of the Illinois Marriage and Dissolution of Marriage Act.
22    If the court grants visitation, the order shall specify
23    dates and times for the visitation to take place or other
24    specific parameters or conditions that are appropriate. No
25    order for visitation shall refer merely to the term
26    "reasonable visitation".

 

 

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1        Petitioner may deny respondent access to the minor
2    child if, when respondent arrives for visitation,
3    respondent is under the influence of drugs or alcohol and
4    constitutes a threat to the safety and well-being of
5    petitioner or petitioner's minor children or is behaving in
6    a violent or abusive manner.
7        If necessary to protect any member of petitioner's
8    family or household from future abuse, respondent shall be
9    prohibited from coming to petitioner's residence to meet
10    the minor child for visitation, and the parties shall
11    submit to the court their recommendations for reasonable
12    alternative arrangements for visitation. A person may be
13    approved to supervise visitation only after filing an
14    affidavit accepting that responsibility and acknowledging
15    accountability to the court.
16        (8) Removal or concealment of minor child. Prohibit
17    respondent from removing a minor child from the State or
18    concealing the child within the State.
19        (9) Order to appear. Order the respondent to appear in
20    court, alone or with a minor child, to prevent abuse,
21    neglect, removal or concealment of the child, to return the
22    child to the custody or care of the petitioner or to permit
23    any court-ordered interview or examination of the child or
24    the respondent.
25        (10) Possession of personal property. Grant petitioner
26    exclusive possession of personal property and, if

 

 

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

 

 

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1    is that it is marital property, the court may grant
2    petitioner relief under subparagraph (ii) of this
3    paragraph only if a proper proceeding has been filed under
4    the Illinois Marriage and Dissolution of Marriage Act, as
5    now or hereafter amended.
6        The court may further prohibit respondent from
7    improperly using the financial or other resources of an
8    aged member of the family or household for the profit or
9    advantage of respondent or of any other person.
10        (11.5) Protection of animals. Grant the petitioner the
11    exclusive care, custody, or control of any animal owned,
12    possessed, leased, kept, or held by either the petitioner
13    or the respondent or a minor child residing in the
14    residence or household of either the petitioner or the
15    respondent and order the respondent to stay away from the
16    animal and forbid the respondent from taking,
17    transferring, encumbering, concealing, harming, or
18    otherwise disposing of the animal.
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

 

 

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

 

 

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

 

 

09800HB1243ham001- 267 -LRB098 03015 HEP 40651 a

1            by its terms explicitly prohibits the use,
2            attempted use, or threatened use of physical force
3            against such intimate partner or child that would
4            reasonably be expected to cause bodily injury.
5        Any Firearm Owner's Identification Card in the
6        possession of the respondent, except as provided in
7        subsection (b), shall be ordered by the court to be
8        turned over to the local law enforcement agency. The
9        local law enforcement agency shall immediately mail
10        the card to the Department of State Police Firearm
11        Owner's Identification Card Office for safekeeping.
12        The court shall issue a warrant for seizure of any
13        firearm in the possession of the respondent, to be kept
14        by the local law enforcement agency for safekeeping,
15        except as provided in subsection (b). The period of
16        safekeeping shall be for the duration of the order of
17        protection. The firearm or firearms and Firearm
18        Owner's Identification Card, if unexpired, shall at
19        the respondent's request, be returned to the
20        respondent at the end of the order of protection. It is
21        the respondent's responsibility to notify the
22        Department of State Police Firearm Owner's
23        Identification Card Office.
24            (b) If the respondent is a peace officer as defined
25        in Section 2-13 of the Criminal Code of 2012, the court
26        shall order that any firearms used by the respondent in

 

 

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1        the performance of his or her duties as a peace officer
2        be surrendered to the chief law enforcement executive
3        of the agency in which the respondent is employed, who
4        shall retain the firearms for safekeeping for the
5        duration of the order of protection.
6            (c) Upon expiration of the period of safekeeping,
7        if the firearms or Firearm Owner's Identification Card
8        cannot be returned to respondent because respondent
9        cannot be located, fails to respond to requests to
10        retrieve the firearms, or is not lawfully eligible to
11        possess a firearm, upon petition from the local law
12        enforcement agency, the court may order the local law
13        enforcement agency to destroy the firearms, use the
14        firearms for training purposes, or for any other
15        application as deemed appropriate by the local law
16        enforcement agency; or that the firearms be turned over
17        to a third party who is lawfully eligible to possess
18        firearms, and who does not reside with respondent.
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

 

 

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1    records of the minor child who is in the care of
2    petitioner.
3        (16) Order for payment of shelter services. Order
4    respondent to reimburse a shelter providing temporary
5    housing and counseling services to the petitioner for the
6    cost of the services, as certified by the shelter and
7    deemed reasonable by the court.
8        (17) Order for injunctive relief. Enter injunctive
9    relief necessary or appropriate to prevent further abuse of
10    a family or household member or further abuse, neglect, or
11    exploitation of a high-risk adult with disabilities or to
12    effectuate one of the granted remedies, if supported by the
13    balance of hardships. If the harm to be prevented by the
14    injunction is abuse or any other harm that one of the
15    remedies listed in paragraphs (1) through (16) of this
16    subsection is designed to prevent, no further evidence is
17    necessary that the harm is an irreparable injury.
18    (c) Relevant factors; findings.
19        (1) In determining whether to grant a specific remedy,
20    other than payment of support, the court shall consider
21    relevant factors, including but not limited to the
22    following:
23            (i) the nature, frequency, severity, pattern and
24        consequences of the respondent's past abuse, neglect
25        or exploitation of the petitioner or any family or
26        household member, including the concealment of his or

 

 

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1        her location in order to evade service of process or
2        notice, and the likelihood of danger of future abuse,
3        neglect, or exploitation to petitioner or any member of
4        petitioner's or respondent's family or household; and
5            (ii) the danger that any minor child will be abused
6        or neglected or improperly removed from the
7        jurisdiction, improperly concealed within the State or
8        improperly separated from the child's primary
9        caretaker.
10        (2) In comparing relative hardships resulting to the
11    parties from loss of possession of the family home, the
12    court shall consider relevant factors, including but not
13    limited to the following:
14            (i) availability, accessibility, cost, safety,
15        adequacy, location and other characteristics of
16        alternate housing for each party and any minor child or
17        dependent adult in the party's care;
18            (ii) the effect on the party's employment; and
19            (iii) the effect on the relationship of the party,
20        and any minor child or dependent adult in the party's
21        care, to family, school, church and community.
22        (3) Subject to the exceptions set forth in paragraph
23    (4) of this subsection, the court shall make its findings
24    in an official record or in writing, and shall at a minimum
25    set forth the following:
26            (i) That the court has considered the applicable

 

 

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1        relevant factors described in paragraphs (1) and (2) of
2        this subsection.
3            (ii) Whether the conduct or actions of respondent,
4        unless prohibited, will likely cause irreparable harm
5        or continued abuse.
6            (iii) Whether it is necessary to grant the
7        requested relief in order to protect petitioner or
8        other alleged abused persons.
9        (4) For purposes of issuing an ex parte emergency order
10    of protection, the court, as an alternative to or as a
11    supplement to making the findings described in paragraphs
12    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
13    the following procedure:
14        When a verified petition for an emergency order of
15    protection in accordance with the requirements of Sections
16    203 and 217 is presented to the court, the court shall
17    examine petitioner on oath or affirmation. An emergency
18    order of protection shall be issued by the court if it
19    appears from the contents of the petition and the
20    examination of petitioner that the averments are
21    sufficient to indicate abuse by respondent and to support
22    the granting of relief under the issuance of the emergency
23    order of protection.
24        (5) Never married parties. No rights or
25    responsibilities for a minor child born outside of marriage
26    attach to a putative father until a father and child

 

 

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1    relationship has been established under the Illinois
2    Parentage Act of 1984, the Illinois Parentage Act of 2013,
3    the Illinois Public Aid Code, Section 12 of the Vital
4    Records Act, the Juvenile Court Act of 1987, the Probate
5    Act of 1985, the Revised Uniform Reciprocal Enforcement of
6    Support Act, the Uniform Interstate Family Support Act, the
7    Expedited Child Support Act of 1990, any judicial,
8    administrative, or other act of another state or territory,
9    any other Illinois statute, or by any foreign nation
10    establishing the father and child relationship, any other
11    proceeding substantially in conformity with the Personal
12    Responsibility and Work Opportunity Reconciliation Act of
13    1996 (Pub. L. 104-193), or where both parties appeared in
14    open court or at an administrative hearing acknowledging
15    under oath or admitting by affirmation the existence of a
16    father and child relationship. Absent such an
17    adjudication, finding, or acknowledgement, no putative
18    father shall be granted temporary custody of the minor
19    child, visitation with the minor child, or physical care
20    and possession of the minor child, nor shall an order of
21    payment for support of the minor child be entered.
22    (d) Balance of hardships; findings. If the court finds that
23the balance of hardships does not support the granting of a
24remedy governed by paragraph (2), (3), (10), (11), or (16) of
25subsection (b) of this Section, which may require such
26balancing, the court's findings shall so indicate and shall

 

 

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1include a finding as to whether granting the remedy will result
2in hardship to respondent that would substantially outweigh the
3hardship to petitioner from denial of the remedy. The findings
4shall be an official record or in writing.
5    (e) Denial of remedies. Denial of any remedy shall not be
6based, in whole or in part, on evidence that:
7        (1) Respondent has cause for any use of force, unless
8    that cause satisfies the standards for justifiable use of
9    force provided by Article 7 of the Criminal Code of 2012;
10        (2) Respondent was voluntarily intoxicated;
11        (3) Petitioner acted in self-defense or defense of
12    another, provided that, if petitioner utilized force, such
13    force was justifiable under Article 7 of the Criminal Code
14    of 2012;
15        (4) Petitioner did not act in self-defense or defense
16    of another;
17        (5) Petitioner left the residence or household to avoid
18    further abuse, neglect, or exploitation by respondent;
19        (6) Petitioner did not leave the residence or household
20    to avoid further abuse, neglect, or exploitation by
21    respondent;
22        (7) Conduct by any family or household member excused
23    the abuse, neglect, or exploitation by respondent, unless
24    that same conduct would have excused such abuse, neglect,
25    or exploitation if the parties had not been family or
26    household members.

 

 

09800HB1243ham001- 274 -LRB098 03015 HEP 40651 a

1(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
297-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;
397-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
4    Section 974. The Business Corporation Act of 1983 is
5amended by changing Section 1.25 as follows:
 
6    (805 ILCS 5/1.25)  (from Ch. 32, par. 1.25)
7    Sec. 1.25. List of corporations; exchange of information.
8    (a) The Secretary of State shall publish each year a list
9of corporations filing an annual report for the preceding year
10in accordance with the provisions of this Act, which report
11shall state the name of the corporation and the respective
12names and addresses of the president, secretary, and registered
13agent thereof and the address of the registered office in this
14State of each such corporation. The Secretary of State shall
15furnish without charge a copy of such report to each recorder
16of this State, and to each member of the General Assembly and
17to each State agency or department requesting the same. The
18Secretary of State shall, upon receipt of a written request and
19a fee as determined by the Secretary, furnish such report to
20anyone else.
21    (b) (1) The Secretary of State shall publish daily a list
22of all newly formed corporations, business and not for profit,
23chartered by him on that day issued after receipt of the
24application. The daily list shall contain the same information

 

 

09800HB1243ham001- 275 -LRB098 03015 HEP 40651 a

1as to each corporation as is provided for the corporation list
2published under subsection (a) of this Section. The daily list
3may be obtained at the Secretary's office by any person,
4newspaper, State department or agency, or local government for
5a reasonable charge to be determined by the Secretary.
6Inspection of the daily list may be made at the Secretary's
7office during normal business hours without charge by any
8person, newspaper, State department or agency, or local
9government.
10    (2) The Secretary shall compile the daily list mentioned in
11paragraph (1) of subsection (b) of this Section monthly, or
12more often at the Secretary's discretion. The compilation shall
13be immediately mailed free of charge to all local governments
14requesting in writing receipt of such publication, or shall be
15automatically mailed by the Secretary without charge to local
16governments as determined by the Secretary. The Secretary shall
17mail a copy of the compilations free of charge to all State
18departments or agencies making a written request. A request for
19a compilation of the daily list once made by a local government
20or State department or agency need not be renewed. However, the
21Secretary may request from time to time whether the local
22governments or State departments or agencies desire to continue
23receiving the compilation.
24    (3) The compilations of the daily list mentioned in
25paragraph (2) of subsection (b) of this Section shall be mailed
26to newspapers, or any other person not included as a recipient

 

 

09800HB1243ham001- 276 -LRB098 03015 HEP 40651 a

1in paragraph (2) of subsection (b) of this Section, upon
2receipt of a written application signed by the applicant and
3accompanied by the payment of a fee as determined by the
4Secretary.
5    (c) If a domestic or foreign corporation has filed with the
6Secretary of State an annual report for the preceding year or
7has been newly formed or is otherwise and in any manner
8registered with the Secretary of State, the Secretary of State
9shall exchange with the Department of Healthcare and Family
10Services any information concerning that corporation that may
11be necessary for the enforcement of child support orders
12entered pursuant to the Illinois Public Aid Code, the Illinois
13Marriage and Dissolution of Marriage Act, the Non-Support of
14Spouse and Children Act, the Non-Support Punishment Act, the
15Revised Uniform Reciprocal Enforcement of Support Act, the
16Uniform Interstate Family Support Act, or the Illinois
17Parentage Act of 1984, or the Illinois Parentage Act of 2013.
18    Notwithstanding any provisions in this Act to the contrary,
19the Secretary of State shall not be liable to any person for
20any disclosure of information to the Department of Healthcare
21and Family Services (formerly Illinois Department of Public
22Aid) under this subsection or for any other action taken in
23good faith to comply with the requirements of this subsection.
24(Source: P.A. 95-331, eff. 8-21-07.)
 
25    Section 975. The Limited Liability Company Act is amended

 

 

09800HB1243ham001- 277 -LRB098 03015 HEP 40651 a

1by changing Section 50-5 as follows:
 
2    (805 ILCS 180/50-5)
3    Sec. 50-5. List of limited liability companies; exchange of
4information.
5    (a) The Secretary of State may publish a list or lists of
6limited liability companies and foreign limited liability
7companies, as often, in the format, and for the fees as the
8Secretary of State may in his or her discretion provide by
9rule. The Secretary of State may disseminate information
10concerning limited liability companies and foreign limited
11liability companies by computer network in the format and for
12the fees as may be determined by rule.
13    (b) Upon written request, any list published under
14subsection (a) shall be free to each member of the General
15Assembly, to each State agency or department, and to each
16recorder in this State. An appropriate fee established by rule
17to cover the cost of producing the list shall be charged to all
18others.
19    (c) If a domestic or foreign limited liability company has
20filed with the Secretary of State an annual report for the
21preceding year or has been newly formed or is otherwise and in
22any manner registered with the Secretary of State, the
23Secretary of State shall exchange with the Department of
24Healthcare and Family Services any information concerning that
25limited liability company that may be necessary for the

 

 

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1enforcement of child support orders entered pursuant to the
2Illinois Public Aid Code, the Illinois Marriage and Dissolution
3of Marriage Act, the Non-Support of Spouse and Children Act,
4the Non-Support Punishment Act, the Revised Uniform Reciprocal
5Enforcement of Support Act, the Uniform Interstate Family
6Support Act, or the Illinois Parentage Act of 1984, or the
7Illinois Parentage Act of 2013.
8    Notwithstanding any provisions in this Act to the contrary,
9the Secretary of State shall not be liable to any person for
10any disclosure of information to the Department of Healthcare
11and Family Services (formerly Illinois Department of Public
12Aid) under this subsection or for any other action taken in
13good faith to comply with the requirements of this subsection.
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    (750 ILCS 40/Act rep.)
16    Section 976. The Illinois Parentage Act is repealed.
 
17    (750 ILCS 45/Act rep.)
18    Section 977. The Illinois Parentage Act of 1984 is
19repealed.".