HB1243 EngrossedLRB098 03015 HEP 33030 b

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

 
5    Section 101. Short title. This Act may be cited as the
6Illinois Parentage Act of 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:
15    (a) "Acknowledged father" means a man who has established a
16father-child relationship under Article 3.
17    (b) "Adjudicated father" means a man who has been
18adjudicated by a court of competent jurisdiction, or as
19authorized under Article X of the Illinois Public Aid Code, to
20be the father of a child.
21    (c) "Alleged father" means a man who alleges himself to be,

 

 

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

 

 

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

 

 

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

 

 

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1medium and is retrievable in perceivable form.
2    (s) "Signatory" means an individual who authenticates a
3record and is bound by its terms.
4    (t) "State" means a state of the United States, the
5District of Columbia, Puerto Rico, the United States Virgin
6Islands, or any territory or insular possession subject to the
7jurisdiction of the United States.
8    (u) "Substantially similar legal relationship" means a
9relationship recognized in this State under Section 60 of the
10Religious Freedom Protection and Civil Union Act.
11    (v) "Support-enforcement agency" means a public official
12or agency authorized to seek:
13        (1) enforcement of support orders or laws relating to
14    the duty of support;
15        (2) establishment or modification of child support;
16        (3) determination of parentage; or
17        (4) location of child-support obligors and their
18    income and assets.
 
19    Section 104. Scope of Act; choice of law; other legal
20rights and duties preserved.
21    (a) This Act applies to determination of parentage in this
22State.
23    (b) The court shall apply the law of this State to
24adjudicate the parent-child relationship. The applicable law
25does not depend on:

 

 

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1        (1) the place of birth of the child; or
2        (2) the past or present residence of the child.
3    (c) This Act does not create, enlarge, abrogate, or
4diminish parental rights or duties under other law of this
5State; including the common law.
 
6    Section 105. Authority to establish parentage. The circuit
7courts are authorized to establish parentage under this Act.
8The Department of Healthcare and Family Services may make
9administrative determinations of paternity and nonpaternity in
10accordance with Section 10-17.7 of the Illinois Public Aid
11Code. Such administrative determinations shall have the full
12force and effect of court judgments entered under this Act.
 
13    Section 106. Protection of participants. Proceedings under
14this Act are subject to other law of this State governing the
15health, safety, privacy, and liberty of a child or other
16individual who could be jeopardized by disclosure of
17identifying information, including address, telephone number,
18place of employment, social security number, and the child's
19day-care facility and school.
 
20    Section 107. Applicability. Insofar as practicable, the
21provisions of this Act applicable to the father and child
22relationship shall apply to the mother and child relationship
23including, but not limited to, the obligation to support.
 

 

 

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1
ARTICLE 2. PARENT-CHILD RELATIONSHIP

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

 

 

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

 

 

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

 

 

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1        (4) after the child's birth, he and the child's mother
2    have entered into a marriage, civil union, or substantially
3    similar legal relationship, even if the marriage, civil
4    union, or substantially similar legal relationship is or
5    could be declared invalid, and he is named, with his
6    written consent, as the child's father on the child's birth
7    certificate; or
8        (5) for the first 2 years after the birth of the child,
9    he resided in a household with the child, openly held out
10    the child as his own during that time, the child had only
11    one parent under law at that time, and that parent
12    consented to the man's holding out the child as his own.
13    (b) A woman is presumed to be the parent of a child if:
14        (1) she and the birth mother of the child have entered
15    into a marriage, civil union, or substantially similar
16    legal relationship, and the child is born to the birth
17    mother during the marriage, civil union, or substantially
18    similar legal relationship, except as provided by a valid
19    gestational surrogacy contract, Article 7 of this Act, or
20    other law;
21        (2) she and the birth mother of the child were in a
22    marriage, civil union, or substantially similar legal
23    relationship and the child is born to the birth mother
24    within 300 days after the marriage, civil union, or
25    substantially similar legal relationship is terminated by
26    death, declaration of invalidity of marriage, judgment for

 

 

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

 

 

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1    the child as her own during that time, the child had only
2    one parent under law at that time, and that parent
3    consented to the woman's holding out the child as her own.
4    (c) If 2 or more conflicting presumptions arise under this
5Section, the presumption which on the facts is founded on the
6weightier considerations of policy and logic, especially the
7policy of promoting the child's best interests, controls.
 
8    Section 205. Proceedings to declare the non-existence of
9the parent-child relationship.
10    (a) An action to declare the non-existence of the
11parent-child relationship may be brought by the child, the
12birth mother, or a man or woman presumed to be the parent under
13Section 204 of this Act. Actions brought by the child, the
14birth mother, or a presumed parent shall be brought by verified
15complaint, which shall be designated a petition. After a
16presumption under Section 204 of this Act has been rebutted,
17parentage of the child by another man or woman may be
18established in the same action, if he or she has been made a
19party.
20    (b) An action to declare the non-existence of the
21parent-child relationship brought under subsection (a) of this
22Section shall be barred if brought later than 2 years after the
23petitioner knew or should have known of the relevant facts. The
242-year period for bringing an action to declare the
25non-existence of the parent-child relationship shall not

 

 

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1extend beyond the date on which the child reaches the age of 18
2years. Failure to bring an action within 2 years shall not bar
3any party from asserting a defense in any action to declare the
4existence of the parent-child relationship.
5    (c) An action to declare the non-existence of the
6parent-child relationship may be brought subsequent to an
7adjudication of parentage in any judgment by the man
8adjudicated to be the parent pursuant to a presumption in
9paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
10of deoxyribonucleic acid (DNA) testing, it is discovered that
11the man adjudicated to be the parent is not the father of the
12child. Actions brought by the adjudicated father shall be
13brought by verified petition. If, as a result of the
14deoxyribonucleic acid (DNA) testing, the petitioner is
15determined not to be the father of the child, the adjudication
16of paternity and any orders regarding custody, parenting time,
17and future payments of support may be vacated.
18    (d) An action to declare the non-existence of the
19parent-child relationship brought under subsection (c) of this
20Section shall be barred if brought more than 2 years after the
21petitioner obtains actual knowledge of relevant facts. The
222-year period shall not apply to periods of time where the
23birth mother or the child refuses to submit to deoxyribonucleic
24acid (DNA) testing. The 2-year period for bringing an action to
25declare the non-existence of the parent-child relationship
26shall not extend beyond the date on which the child reaches the

 

 

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1age of 18 years.
 
2    Section 206. Presumption; burden of proof. A presumption
3under Section 204 of this Act may be rebutted only by clear and
4convincing evidence.
 
5
ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT

 
6    Section 301. Voluntary acknowledgment. A parent-child
7relationship may be established voluntarily by the signing and
8witnessing of a voluntary acknowledgment in accordance with
9Section 12 of the Vital Records Act and Section 10-17.7 of the
10Illinois Public Aid Code. The voluntary acknowledgment shall
11contain the social security numbers of the persons signing the
12voluntary acknowledgment; however, failure to include the
13social security numbers of the persons signing a voluntary
14acknowledgment does not invalidate the voluntary
15acknowledgment.
 
16    Section 302. Execution of voluntary acknowledgment.
17    (a) A voluntary acknowledgment described in Section 301 of
18this Act must:
19        (1) be in a record;
20        (2) be signed, or otherwise authenticated, under
21    penalty of perjury by the mother and by the man seeking to
22    establish his parentage;

 

 

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

 

 

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1    (a) a voluntary acknowledgment described in Section 301 of
2this Act signed, or otherwise authenticated, by another man is
3filed pursuant to Section 305 of this Act;
4    (b) the denial is in a record, and is signed, or otherwise
5authenticated, under penalty of perjury; and
6    (c) the presumed father has not previously:
7        (1) acknowledged his parentage, unless the previous
8    acknowledgment has been rescinded under Section 307 of this
9    Act or successfully challenged under Section 308 of this
10    Act; or
11        (2) been adjudicated to be the father of the child.
 
12    Section 304. Rules for acknowledgment and denial of
13parentage.
14    (a) An acknowledgment as described in Section 301 of this
15Act and a denial may be contained in a single document or may
16be signed in counterparts, and may be filed separately or
17simultaneously. If the acknowledgment and denial are both
18necessary, neither is valid until both are filed.
19    (b) An acknowledgment or a denial may be signed before the
20birth of the child.
21    (c) Subject to subsection (a), an acknowledgment or denial
22takes effect on the birth of the child or the filing of the
23document with the Department of Healthcare and Family Services,
24as provided by law, whichever occurs later.
25    (d) An acknowledgment or denial signed by a minor is valid

 

 

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1if it is otherwise in compliance with this Act.
 
2    Section 305. Effect of acknowledgment or denial of
3parentage.
4    (a) Except as otherwise provided in Sections 307 and 308 of
5this Act, a valid acknowledgment filed with the Department of
6Healthcare and Family Services, as provided by law, is
7equivalent to an adjudication of the parentage of a child and
8confers upon the acknowledged father all of the rights and
9duties of a parent.
10    (b) Notwithstanding any other provision of this Act,
11parentage established in accordance with Section 301 of this
12Act has the full force and effect of a judgment entered under
13this Act and serves as a basis for seeking a child support
14order without any further proceedings to establish parentage.
15    (c) Except as otherwise provided in Sections 307 and 308 of
16this Act, a valid denial by a presumed father filed with the
17Department of Healthcare and Family Services, as provided by
18law, in conjunction with a voluntary acknowledgment, is
19equivalent to an adjudication of the nonparentage of the
20presumed father and discharges the presumed father from all
21rights and duties of a parent.
 
22    Section 306. No filing fee. The Department of Healthcare
23and Family Services, as provided by law, may not charge a fee
24for filing a voluntary acknowledgment or denial.
 

 

 

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1    Section 307. Proceeding for rescission. A signatory may
2rescind a voluntary acknowledgment or denial by filing a signed
3and witnessed rescission with the Department of Healthcare and
4Family Services as provided in Section 12 of the Vital Records
5Act, before the earlier of:
6    (a) 60 days after the effective date of the acknowledgment
7or denial, as provided in Section 304 of this Act; or
8    (b) the date of a judicial or administrative proceeding
9relating to the child (including a proceeding to establish a
10support order) in which the signatory is a party.
 
11    Section 308. Challenge after expiration of period for
12rescission. After the period for rescission under Section 307
13of this Act has expired, a signatory of a voluntary
14acknowledgment or denial may commence a proceeding to challenge
15the acknowledgment or denial only as provided in Section 309 of
16this Act.
 
17    Section 309. Procedure for challenge.
18    (a) A voluntary acknowledgment and any related denial may
19be challenged only on the basis of fraud, duress, or material
20mistake of fact by filing a verified petition under this
21Section within 2 years after the effective date of the
22acknowledgment or denial, as provided in Section 304 of this
23Act. Time during which the person challenging the

 

 

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1acknowledgment or denial is under legal disability or duress or
2the ground for relief is fraudulently concealed shall be
3excluded in computing the period of 2 years.
4    (b) The verified complaint, which shall be designated a
5petition, shall be filed in the county where a proceeding
6relating to the child was brought, such as a support proceeding
7or, if none exists, in the county where the child resides.
8Every signatory to the voluntary acknowledgment and any related
9denial must be made a party to a proceeding to challenge the
10acknowledgment or denial. The party challenging the
11acknowledgment or denial shall have the burden of proof.
12    (c) For the purpose of a challenge to an acknowledgment or
13denial, a signatory submits to personal jurisdiction of this
14State by signing the acknowledgment and any related denial,
15effective upon the filing of the acknowledgment and any related
16denial with the Department of Healthcare and Family Services,
17as provided in Section 12 of the Vital Records Act.
18    (d) Except for good cause shown, during the pendency of a
19proceeding to challenge an acknowledgment or denial, the court
20may not suspend the legal responsibilities of a signatory
21arising from the acknowledgment, including the duty to pay
22child support.
23    (e) At the conclusion of a proceeding to challenge an
24acknowledgment or denial, the court shall order the Department
25of Public Health to amend the birth record of the child, if
26appropriate. A copy of an order entered at the conclusion of a

 

 

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1proceeding to challenge shall be provided to the Department of
2Healthcare and Family Services.
 
3    Section 310. Ratification barred. A court or
4administrative agency conducting a judicial or administrative
5proceeding is not required or permitted to ratify an
6unchallenged acknowledgment described in Section 301 of this
7Act.
 
8    Section 311. Full faith and credit. A court of this State
9shall give full faith and credit to a valid acknowledgment or
10denial of parentage effective in another state if the
11acknowledgment or denial has been signed and is otherwise in
12compliance with the law of the other state.
 
13    Section 312. Forms for acknowledgment and denial of
14parentage.
15    (a) To facilitate compliance with this Article, the
16Department of Healthcare and Family Services shall prescribe
17forms for the acknowledgment and the denial of parentage and
18for the rescission of acknowledgment or denial consistent with
19Section 307 of this Act.
20    (b) A voluntary acknowledgment or denial of parentage is
21not affected by a later modification of the prescribed form.
 
22    Section 313. Release of information. The Department of

 

 

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1Healthcare and Family Services may release information
2relating to the acknowledgment described in Section 301 of this
3Act, or the related denial, to a signatory of the
4acknowledgment or denial; to the child's guardian, the
5emancipated child, or the legal representatives of those
6individuals; to appropriate federal agencies; and to courts and
7appropriate agencies of this State or another state.
 
8    Section 314. Adoption of rules. The Department of Public
9Health and the Department of Healthcare and Family Services may
10adopt rules to implement this Article.
 
11
ARTICLE 4. GENETIC TESTING

 
12    Section 401. Proceeding authorized. As soon as
13practicable, the court or administrative hearing officer in an
14Expedited Child Support System may, and upon the request of a
15party shall, order or direct the mother, child, and alleged
16father to submit to deoxyribonucleic acid (DNA) testing to
17determine inherited characteristics. If any party refuses to
18submit to genetic testing, the court may resolve the question
19of paternity against that party or enforce its order if the
20rights of others and the interests of justice so require.
 
21    Section 402. Requirements for genetic testing.
22    (a) The genetic testing shall be conducted by an expert

 

 

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

 

 

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1    laboratory, within 30 days after receipt of the report of
2    the genetic testing, to recalculate the probability of
3    paternity using an ethnic or racial group different from
4    that used by the laboratory.
5        (2) The individual objecting to the testing
6    laboratory's initial choice shall:
7            (A) if the frequencies are not available to the
8        testing laboratory for the ethnic or racial group
9        requested, provide the requested frequencies compiled
10        in a manner recognized by accrediting bodies; or
11            (B) engage another testing laboratory to perform
12        the calculations.
13    (e) If, after recalculation using a different ethnic or
14racial group, genetic testing does not reputably identify a man
15as the father of a child, an individual who has been tested may
16be required to submit to additional genetic testing.
 
17    Section 403. Genetic test results.
18    (a) The expert shall prepare a written report of the
19genetic test results. If the genetic test results show that the
20alleged father is not excluded, the report shall contain
21statistics based upon the statistical formula of combined
22paternity index (CPI) and the probability of paternity as
23determined by the probability of exclusion (Random Man Not
24Excluded = RMNE). The expert may be called by the court as a
25witness to testify to his or her findings and, if called, shall

 

 

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1be subject to cross-examination by the parties. If the genetic
2test results show that the alleged father is not excluded, any
3party may demand that other experts, qualified as examiners of
4blood or tissue types, perform independent genetic testing
5under order of court, including, but not limited to, blood
6types or other testing of genetic markers. The results of the
7genetic testing may be offered into evidence. The number and
8qualifications of the experts shall be determined by the court.
9    (b) Documentation of the chain of custody of the blood or
10tissue samples, accompanied by an affidavit or certification in
11accordance with Section 1-109 of the Code of Civil Procedure,
12is competent evidence to establish the chain of custody.
13    (c) The report of the genetic test results prepared by the
14appointed expert shall be made by affidavit or by certification
15as provided in Section 1-109 of the Code of Civil Procedure and
16shall be mailed to all parties. A proof of service shall be
17filed with the court. The verified report shall be admitted
18into evidence at trial without foundation testimony or other
19proof of authenticity or accuracy, unless a written motion
20challenging the admissibility of the report is filed by either
21party within 28 days of receipt of the report, in which case
22expert testimony shall be required. A party may not file such a
23motion challenging the admissibility of the report later than
2428 days before commencement of trial. Before trial, the court
25shall determine whether the motion is sufficient to deny
26admission of the report by verification. Failure to make that

 

 

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

 

 

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1    (e) Except as otherwise provided in this Article, if more
2than one man is identified by genetic testing as the possible
3father of the child, the court shall order them to submit to
4further genetic testing to identify the genetic father.
 
5    Section 405. Cost of genetic testing. The expense of the
6genetic testing shall be paid by the party who requests the
7genetic testing, except that the court may apportion the costs
8between the parties, upon request. When the genetic testing is
9requested by the party seeking to establish paternity and that
10party is found to be indigent by the court, the expense shall
11be paid by the public agency providing representation; except
12that where a public agency is not providing representation, the
13expense shall be paid by the county in which the action is
14brought. When the genetic testing is ordered by the court on
15its own motion or is requested by the alleged or presumed
16father and that father is found to be indigent by the court,
17the expense shall be paid by the county in which the action is
18brought. Any part of the expense may be taxed as costs in the
19action, except that no costs may be taxed against a public
20agency that has not requested the genetic testing.
 
21    Section 406. Compensation of expert. The compensation of
22each expert witness appointed by the court shall be paid as
23provided in Section 405 of this Act. Any part of the payment
24may be taxed as costs in the action, except that no costs may

 

 

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1be taxed against a public agency that has not requested the
2services of the expert witness.
 
3    Section 407. Independent genetic testing. Nothing in this
4Article shall prevent a party from obtaining genetic testing of
5his or her own blood or tissue independent of those ordered by
6the court or from presenting expert testimony interpreting
7those tests or any other blood tests ordered under this
8Article. Reports of all the independent tests, accompanied by
9affidavit or certification pursuant to Section 1-109 of the
10Code of Civil Procedure, and notice of any expert witnesses to
11be called to testify to the results of those tests shall be
12submitted to all parties at least 30 days before any hearing
13set to determine the issue of parentage.
 
14    Section 408. Additional persons to be tested.
15    (a) Subject to subsection (b), if a genetic-testing
16specimen is not available from a man who may be the father of a
17child, for good cause and under circumstances the court
18considers to be just, the court may order the following
19individuals to submit specimens for genetic testing:
20        (1) the parents of the man;
21        (2) brothers and sisters of the man;
22        (3) other children of the man and their mothers; and
23        (4) other relatives of the man necessary to complete
24    genetic testing.

 

 

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1    (b) Issuance of an order under this Section requires a
2finding that a need for genetic testing outweighs the
3legitimate interests of the individual sought to be tested, and
4in no event shall an order be issued until the individual is
5joined as a party and given notice as required under the Code
6of Civil Procedure.
 
7
ARTICLE 5. TEMPORARY RELIEF

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

 

 

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1forth in Sections 505 and 505.2 of the Illinois Marriage and
2Dissolution of Marriage Act.
3    (b) A temporary order may include provisions for custody
4and parenting time as provided by the Illinois Marriage and
5Dissolution of Marriage Act.
6    (c) Temporary orders issued under this Section shall not
7have prejudicial effect with respect to final support, custody,
8or parenting time orders.
 
9    Section 502. Injunctive relief.
10    (a) In any action brought under this Act for the initial
11determination of parentage, custody or parenting time of a
12child, or for modification of a prior custody or parenting time
13order, the court, upon application of a party, may enjoin a
14party having physical possession or custody of a child from
15temporarily removing the child from this State pending the
16adjudication of the issues of parentage, custody, and parenting
17time. When deciding whether to enjoin removal of a child, or to
18order a party to return the child to this State, the court
19shall consider factors including, but not limited to:
20        (1) the extent of previous involvement with the child
21    by the party seeking to enjoin removal or to have the
22    absent party return the child to this State;
23        (2) the likelihood that parentage will be established;
24    and
25        (3) the impact on the financial, physical, and

 

 

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1    emotional health of the party being enjoined from removing
2    the child or the party being ordered to return the child to
3    this State.
4    (b) A temporary restraining order or preliminary
5injunction under this Act shall be governed by the relevant
6provisions of Part 1 of Article XI of the Code of Civil
7Procedure.
8    (c) Notwithstanding the provisions of subsection (a) of
9this Section, the court may decline to enjoin a domestic
10violence victim having physical possession or custody of a
11child from temporarily or permanently removing the child from
12this State pending the adjudication of issues of custody or
13parenting time. In determining whether a person is a domestic
14violence victim, the court shall consider the following
15factors:
16        (1) a sworn statement by the person that the person has
17    good reason to believe that he or she is the victim of
18    domestic violence or stalking;
19        (2) a sworn statement that the person fears for his or
20    her safety or the safety of his or her children;
21        (3) evidence from police, court, or other government
22    agency records or files;
23        (4) documentation from a domestic violence program if
24    the person is alleged to be a victim of domestic violence;
25        (5) documentation from a legal, clerical, medical, or
26    other professional from whom the person has sought

 

 

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1    assistance in dealing with the alleged domestic violence;
2    and
3        (6) any other evidence that supports the sworn
4    statements, such as a statement from any other individual
5    with knowledge of the circumstances that provides the basis
6    for the claim, or physical evidence of the domestic
7    violence.
 
8
ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE

 
9    Section 601. Proceeding authorized. A civil proceeding may
10be maintained to adjudicate the parentage of a child. The
11proceeding is governed by the Code of Civil Procedure and
12Illinois Supreme Court Rules. Administrative proceedings
13adjudicating paternity shall be governed by Section 10-17.7 of
14the Illinois Public Aid Code.
 
15    Section 602. Standing. A complaint to adjudicate parentage
16shall be verified, shall be designated a petition, and shall
17name the person or persons alleged to be the parent of the
18child. Subject to Article 3 and Sections 607, 608, and 609 of
19this Act, a proceeding to adjudicate parentage may be
20maintained by:
21    (a) the child;
22    (b) the mother of the child;
23    (c) a pregnant woman;

 

 

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1    (d) a man or woman presumed or alleging himself or herself
2to be the parent of the child;
3    (e) the support-enforcement agency or other governmental
4agency authorized by other law;
5    (f) any person or public agency that has custody of, is
6providing financial support to, or has provided financial
7support to the child;
8    (g) the Department of Healthcare and Family Services if it
9is providing, or has provided, financial support to the child
10or if it is assisting with child support collections services;
11    (h) an authorized adoption agency or licensed
12child-placing agency;
13    (i) a representative authorized by law to act for an
14individual who would otherwise be entitled to maintain a
15proceeding but who is deceased, incapacitated, or a minor;
16    (j) an intended parent pursuant to the terms of a valid
17gestational surrogacy contract; or
18    (k) an individual who has consented or has allegedly
19consented to assisted reproduction pursuant to Article 7 of
20this Act.
 
21    Section 603. Subject matter and personal jurisdiction.
22    (a) The circuit courts of this State shall have
23jurisdiction of an action brought under this Act. In a civil
24action not brought under this Act, the provisions of this Act
25shall apply if parentage is at issue. The court may join any

 

 

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1action under this Act with any other civil action in which this
2Act is applicable.
3    (b) An individual may not be adjudicated to be a parent
4unless the court has personal jurisdiction over the individual.
5    (c) A court of this State having jurisdiction to adjudicate
6parentage may exercise personal jurisdiction over a
7nonresident individual, or the guardian or conservator of the
8individual, if the conditions prescribed in Section 201 of the
9Uniform Interstate Family Support Act are fulfilled.
10    (d) Lack of jurisdiction over one individual does not
11preclude the court from making an adjudication of parentage
12binding on another individual over whom the court has personal
13jurisdiction.
 
14    Section 604. Venue.
15    (a) Venue for a proceeding to adjudicate parentage in any
16county of this State in which a party resides, or if the
17presumed or alleged father is deceased, in which a proceeding
18for probate or administration of the presumed or alleged
19father's estate has been commenced, or could be commenced.
20    (b) A child custody proceeding is commenced in the county
21where the child resides.
 
22    Section 605. Notice to presumed parent.
23    (a) In any action brought under Article 3 or Article 6 of
24this Act where the individual signing the petition for an order

 

 

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1establishing the existence of the parent-child relationship by
2consent or the individual alleged to be the parent in a
3petition is different from an individual who is presumed to be
4the parent of the child under Article 2 of this Act, a notice
5shall be served on the presumed parent in the same manner as
6summonses are served in other civil proceedings or, in lieu of
7personal service, service may be made as follows:
8        (1) The person requesting notice shall pay to the clerk
9    of the circuit court a mailing fee of $1.50 and furnish to
10    the clerk of the circuit court an original and one copy of
11    a notice together with an affidavit setting forth the
12    presumed parent's last known address. The original notice
13    shall be retained by the clerk of the circuit court.
14        (2) The clerk of the circuit court shall promptly mail
15    to the presumed parent, at the address appearing in the
16    affidavit, the copy of the notice by certified mail, return
17    receipt requested. The envelope and return receipt shall
18    bear the return address of the clerk of the circuit court.
19    The receipt for certified mail shall state the name and
20    address of the addressee and the date of mailing and shall
21    be attached to the original notice.
22        (3) The return receipt, when returned to the clerk of
23    the circuit court, shall be attached to the original notice
24    and shall constitute proof of service.
25        (4) The clerk of the circuit court shall note the fact
26    of service in a permanent record.

 

 

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1    (b) The notice shall read as follows:
2    "IN THE MATTER OF NOTICE TO .......... PRESUMED PARENT.
3    You have been identified as the presumed parent of
4........., born on ......... The birth parent of the child is
5.........
6    An action is being brought to establish the parent-child
7relationship between the named child and a parent named by the
8person filing this action, .........
9    As the presumed parent, you have certain legal rights with
10respect to the named child, including the right to notice of
11the filing of proceedings instituted for the establishment of
12parentage of the named child and, if named as a parent in a
13petition to establish parentage, the right to submit to, along
14with the birth parent and child, deoxyribonucleic acid (DNA)
15tests to determine inherited characteristics, subject to
16Section 610 of the Illinois Parentage Act of 2013. If you wish
17to assert your rights with respect to the child named in this
18notice, you must file with the Clerk of this Circuit Court of
19......... County, Illinois, whose address is ........, within
2030 days after the date of receipt of this notice, a declaration
21of parentage stating that you are, in fact, the parent of the
22named child and that you intend to assert your legal rights
23with respect to the child, or that you request to be notified
24of any further proceedings with respect to the parentage of the
25child.
26    If you do not file a declaration of parentage or a request

 

 

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1for notice, then whatever legal rights you have with respect to
2the named child, including the right to notice of any future
3proceedings for the establishment of parentage of the child,
4may be terminated without any further notice to you. When your
5legal rights with respect to the named child are terminated,
6you will not be entitled to notice of any future proceedings.".
7    (c) The notice to a presumed parent under this Section in
8any action brought by a public agency shall be prepared and
9mailed by the public agency, and the mailing fee to the clerk
10of the circuit court shall be waived.
 
11    Section 606. Summons. The summons that is served on a
12respondent shall include the return date on or by which the
13respondent must appear and shall contain the following
14information, in a prominent place and in conspicuous language,
15in addition to the information required to be provided under
16the laws of this State: "If you do not appear as instructed in
17this summons, you may be required to support the child named in
18this petition until the child is at least 18 years old. You may
19also have to pay the pregnancy and delivery costs of the
20mother.".
 
21    Section 607. No limitation; child having no presumed,
22acknowledged, or adjudicated parent. A proceeding to
23adjudicate the parentage of a child having no presumed,
24acknowledged, or adjudicated parent may be commenced at any

 

 

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1time, even after:
2    (a) the child becomes an adult, but only if the child
3initiates the proceeding; or
4    (b) an earlier proceeding to adjudicate parentage has been
5dismissed based on the application of a statute of limitations
6then in effect.
 
7    Section 608. Limitation; child having presumed parent.
8    (a) An alleged father, as that term is defined in Section
9103 of this Act, must commence an action to establish a
10parent-child relationship for a child having a presumed parent
11not later than 2 years after the petitioner knew or should have
12known of the relevant facts. The time the petitioner is under
13legal disability or duress or the ground for relief is
14fraudulently concealed shall be excluded in computing the
15period of 2 years.
16    (b) A proceeding seeking to declare the non-existence of
17the parent-child relationship between a child and the child's
18presumed father may be maintained at any time by a person
19described in paragraphs (1) through (4) of subsection (a) of
20Section 204 of this Act if the court determines that the
21presumed father and the mother of the child neither cohabited
22nor engaged in sexual intercourse with each other during the
23probable time of conception.
 
24    Section 609. Limitation; child having acknowledged or

 

 

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1adjudicated parent.
2    (a) If a child has an acknowledged parent, a signatory to
3the acknowledgment described in Section 301 of this Act or
4related denial may commence a proceeding seeking to challenge
5the acknowledgment or denial or challenge the paternity of the
6child only within the time allowed under Section 309 of this
7Act.
8    (b) If a child has an acknowledged parent or an adjudicated
9parent, an individual, other than the child, who is neither a
10signatory to the acknowledgment nor a party to the adjudication
11and who seeks an adjudication of parentage of the child must
12commence a proceeding not later than 2 years after the
13effective date of the acknowledgment or adjudication.
14    (c) A proceeding under this Section is subject to the
15application of the principles of estoppel established in
16Section 610 of this Act.
 
17    Section 610. Authority to deny motion for genetic testing.
18    (a) In a proceeding to adjudicate the parentage of a child
19having a presumed parent, the court may deny a motion seeking
20an order for genetic testing of the parents and child if the
21court determines that:
22        (1) the conduct of the parent or the presumed parent
23    estops that party from denying parentage; and
24        (2) it would be inequitable to disprove the
25    parent-child relationship between the child and the

 

 

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1    presumed parent.
2    (b) In determining whether to deny a motion seeking an
3order for genetic testing, the court shall consider the best
4interests of the child, including the following factors:
5        (1) the length of time between the proceeding to
6    adjudicate parentage and the time that the presumed parent
7    was placed on notice that he or she might not be the
8    biological parent;
9        (2) the length of time during which the presumed parent
10    has assumed the role of parent of the child;
11        (3) the facts surrounding the presumed parent's
12    discovery of his or her possible nonparentage;
13        (4) the nature of the relationship between the child
14    and the presumed parent;
15        (5) the age of the child;
16        (6) the harm that may result to the child if the
17    presumed parentage is successfully disproved;
18        (7) the nature of the relationship between the child
19    and any alleged parent;
20        (8) the extent to which the passage of time reduces the
21    chances of establishing the parentage of another person and
22    a child support obligation in favor of the child;
23        (9) other factors that may affect the equities arising
24    from the disruption of the parent-child relationship
25    between the child and the presumed parent or the chance of
26    other harm to the child; and

 

 

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

 

 

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1the child:
2    (a) service of process;
3    (b) the taking of depositions to perpetuate testimony; and
4    (c) except as prohibited by Article 4 of this Act,
5collection of specimens for genetic testing.
 
6    Section 613. Child as party; representation.
7    (a) A minor child is a permissible party, but is not a
8necessary party to a proceeding under this Article.
9    (b) The court shall appoint a guardian ad litem, child's
10representative, or attorney for the child to represent a minor
11or incapacitated child if the child is a party or the court
12finds that the interests of the child are not adequately
13represented.
 
14    Section 614. Admissibility of results of genetic testing;
15expenses.
16    (a) If a child has a presumed, acknowledged, or adjudicated
17parent, the results of genetic testing are inadmissible to
18adjudicate parentage unless performed:
19        (1) with the consent of both the mother and the
20    presumed, acknowledged, or adjudicated parent; or
21        (2) pursuant to an order of the court under Section 402
22    of this Act.
23    (b) Copies of bills for genetic testing and for prenatal
24and postnatal health care for the mother and child which are

 

 

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1furnished to the adverse party not less than 10 days before the
2date of a hearing are admissible to establish:
3        (1) the amount of the charges billed; and
4        (2) that the charges were reasonable, necessary, and
5    customary.
6    (c) Certified copies of the bills for costs incurred for
7pregnancy and childbirth shall be admitted into evidence at
8judicial or administrative proceedings without foundation
9testimony or other proof of authenticity or accuracy.
 
10    Section 615. Consequences of declining genetic testing.
11    (a) An order for genetic testing is enforceable through a
12proceeding for adjudication of contempt.
13    (b) If an individual whose parentage is being determined
14declines to submit to genetic testing ordered by the court or
15administrative agency, the court or administrative agency may
16adjudicate parentage contrary to the position of that
17individual.
18    (c) Genetic testing of the mother of a child is not a
19condition precedent to genetically testing the child and a man
20whose paternity is being determined. If the mother is
21unavailable or declines to submit to genetic testing, the court
22or administrative agency may order the genetic testing of the
23child and every man whose paternity is being adjudicated.
 
24    Section 616. Admission of parentage authorized.

 

 

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1    (a) A respondent in a proceeding to adjudicate parentage
2may admit to the parentage of a child by filing a pleading to
3that effect or by admitting parentage under penalty of perjury
4when making an appearance or during a hearing.
5    (b) If the court finds that the admission of parentage
6satisfies the requirements of this Section and finds that there
7is no reason to question the admission, the court shall enter
8an order adjudicating the child to be the child of the person
9admitting parentage.
 
10    Section 617. Rules for adjudication of parentage. The court
11shall apply the following rules to adjudicate the parentage of
12a child:
13    (a) The parentage of a child having an adjudicated parent
14may be disproved only by admissible results of genetic testing,
15or other means, excluding that person as the parent of the
16child or identifying another person as the parent of the child.
17    (b) Unless the results of the genetic testing or other
18evidence are admitted to rebut other results of genetic
19testing, a person identified as the parent of a child under
20Section 404 of this Act may be adjudicated the parent of the
21child.
22    (c) If the court finds that genetic testing under Section
23404 neither identifies nor excludes a person as the parent of a
24child, the court may not dismiss the proceeding. In that event,
25the results of genetic testing and other evidence are

 

 

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1admissible to adjudicate the issue of parentage.
2    (d) Unless the results of genetic testing are admitted to
3rebut other results of genetic testing, a person excluded as
4the parent of a child by genetic testing may be adjudicated not
5to be the parent of the child.
 
6    Section 618. Pre-trial proceedings. As soon as practicable
7after an action to declare the existence or non-existence of
8the parent-child relationship has been brought, and the parties
9are at issue, the court may conduct a pre-trial conference.
 
10    Section 619. Jury prohibited. Trial by jury is not
11available under this Act.
 
12    Section 620. Order on default. The court may issue an order
13adjudicating the parentage of a person who is in default after
14service of process.
 
15    Section 621. Binding effect of determination of parentage.
16    (a) Except as otherwise provided in subsection (b) of this
17Section, a determination of parentage is binding on:
18        (1) all signatories to an acknowledgment or denial as
19    provided in Article 3 of this Act; and
20        (2) all parties to an adjudication by a court acting
21    under circumstances that satisfy the jurisdictional
22    requirements of Section 201 of the Uniform Interstate

 

 

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

 

 

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1    words indicating that a party to the marriage, civil union,
2    or substantially similar legal relationship is the parent
3    of the child; or
4        (2) provides for support of the child by the parties to
5    the marriage, civil union, or substantially similar legal
6    relationship, unless parentage is specifically disclaimed
7    in the order.
8    (d) Except as otherwise provided in subsection (b) of this
9Section, a determination of parentage may be a defense in a
10subsequent proceeding seeking to adjudicate parentage by an
11individual who was not a party to the earlier proceeding.
12    (e) A party to an adjudication of parentage may challenge
13the adjudication only under the laws of this State relating to
14appeal, vacation of judgments, or other judicial review.
 
15
ARTICLE 7. CHILD OF ASSISTED REPRODUCTION

 
16    Section 701. Scope of Article. This Article does not apply
17to the birth of a child conceived by means of sexual
18intercourse or as a result of a valid gestational surrogacy
19contract under the Gestational Surrogacy Act or other law.
 
20    Section 702. Parental status of donor. Except as provided
21in this Act, a donor is not a parent of a child conceived by
22means of assisted reproduction.
 

 

 

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1    Section 703. Parentage of a child of assisted reproduction.
2A person who provides gametes for, or consents to, assisted
3reproduction by a woman as provided in Section 704 of this Act
4with the intent to be the parent of her child is a parent of the
5resulting child.
 
6    Section 704. Consent to assisted reproduction.
7    (a) Consent by an individual who intends to be a parent of
8a child born to a woman must be in a writing signed by the woman
9and the individual consenting to be the parent. A writing
10includes a certificate of birth naming both intended parents or
11a written ratification of a prior oral agreement to assisted
12reproduction.
13    (b) Failure to establish the consent required by subsection
14(a) of this Section, before or after the birth of the child,
15does not preclude a presumption under Section 204 of this Act.
16    (c) In order to be valid, both parties signing a consent
17under this Section must be at least 18 years of age at the time
18the writing is executed.
19    (d) A consent may not be entered that would result in the
20birth of a child created by sperm and eggs of parties who are
21blood relatives of the first degree.
 
22    Section 705. Effect of petition or withdrawal of consent.
23    (a) If a petition for legal separation or for the
24dissolution or declaration of invalidity of a marriage, civil

 

 

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1union, or substantially similar legal relationship is filed and
2properly served or notice is given of the filing of the
3petition to the other party before implantation of existing
4gametes or an embryo or embryos, then consent to assisted
5reproduction shall be treated as being withdrawn unless the
6party and the woman, after the filing of the petition or the
7giving of notice of the filing of the petition to the other
8party, sign a new writing consenting to the assisted
9reproduction or ratify, in writing, a prior written consent.
10    (b) Consent to assisted reproduction may be withdrawn by an
11individual in a writing given with proper notice to the other
12party at any time before implantation of the gametes or an
13embryo or embryos. An individual who withdraws consent under
14this Section is not a parent of any resulting child.
 
15    Section 706. Parental status of deceased individual. If an
16individual does not consent in a writing to be a parent by
17assisted reproduction after death and dies before the
18implantation of gametes or an embryo or embryos, the deceased
19individual is not a parent of the resulting child.
 
20    Section 707. Burden of proof. A consent executed under
21Section 704 of this Act or a withdrawal of consent under
22Section 705 of this Act must be proven by clear and convincing
23evidence.
 

 

 

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1
ARTICLE 8. SUPPORT AND JUDGMENT

 
2    Section 801. Child support orders.
3    (a) Notwithstanding any other law to the contrary, pending
4the outcome of a judicial determination of parentage, the court
5shall issue an order for child support upon motion by a party
6and a showing of clear and convincing evidence of parentage. In
7determining the amount of the child support award, the court
8shall use the guidelines and standards set forth in Sections
9505 and 505.2 of the Illinois Marriage and Dissolution of
10Marriage Act.
11    (b) Any new or existing support order entered by the court
12under this Section shall be deemed to be a series of judgments
13against the person obligated to pay support thereunder, each
14judgment to be in the amount of each payment or installment of
15support and each judgment to be deemed entered as of the date
16the corresponding payment or installment becomes due under the
17terms of the support order. Each judgment shall have the full
18force, effect, and attributes of any other judgment of this
19State, including the ability to be enforced. A judgment under
20this Section is subject to modification or termination only in
21accordance with Section 510 of the Illinois Marriage and
22Dissolution of Marriage Act. Notwithstanding any other state or
23local law to the contrary, a lien arises by operation of law
24against the real and personal property of the noncustodial
25parent for each installment of overdue support owed by the

 

 

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1noncustodial parent.
2    (c) An order for support, when entered or modified, shall
3include a provision requiring the non-custodial parent to
4notify the court and, in cases in which a party is receiving
5child support enforcement services under Article X of the
6Illinois Public Aid Code, the Department of Healthcare and
7Family Services, within 7 days: (i) of the name and address of
8any new employer of the non-custodial parent; (ii) whether the
9non-custodial parent has access to health insurance coverage
10through the employer or other group coverage and, if so, of the
11policy name and number and the names of persons covered under
12the policy; and (iii) of any new residential or mailing address
13or telephone number of the non-custodial parent. In any
14subsequent action to enforce a support order, upon a sufficient
15showing that a diligent effort has been made to ascertain the
16location of the non-custodial parent, service of process or
17provision of notice necessary in the case may be made at the
18last known address of the non-custodial parent in any manner
19expressly provided by this Act or the Code of Civil Procedure,
20and shall be sufficient for purposes of due process.
21    (d) An order for support shall include a date on which the
22current support obligation terminates. The termination date
23shall be no earlier than the date on which the child covered by
24the order will attain the age of 18. However, if the child will
25not graduate from high school until after attaining the age of
2618, then the termination date shall be no earlier than the

 

 

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

 

 

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

 

 

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

 

 

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1interests of the child. In determining custody, joint custody,
2removal, parenting time, parenting time interference, support
3for a non-minor disabled child, educational expenses for a
4non-minor child, and related post-judgment issues, the court
5shall apply the relevant standards of the Illinois Marriage and
6Dissolution of Marriage Act. Specifically, in determining the
7amount of a child support award, the court shall use the
8guidelines and standards set forth in subsection (a) of Section
9505 and in Section 505.2 of the Illinois Marriage and
10Dissolution of Marriage Act. The court shall order all child
11support payments, determined in accordance with such
12guidelines, to commence with the date summons is served. The
13level of current periodic support payments shall not be reduced
14because of payments set for the period prior to the date of
15entry of the support order.
16    (b) In an action brought within 2 years after a child's
17birth, the judgment or order may direct either parent to pay
18the reasonable expenses incurred by either parent or the
19Department of Healthcare and Family Services related to the
20mother's pregnancy and the delivery of the child.
21    (c) If a judgment of parentage contains no explicit award
22of custody, the establishment of a child support obligation or
23of parenting time rights in one parent shall be considered a
24judgment granting custody to the other parent. If the parentage
25judgment contains no such provisions, custody shall be presumed
26to be with the mother; however, the presumption shall not apply

 

 

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1if the father has had physical custody for at least 6 months
2prior to the date that the mother seeks to enforce custodial
3rights.
4    (d) The court, if necessary to protect and promote the best
5interests of the child, may set aside a portion of the
6separately held estates of the parties in a separate fund or
7trust for the support, education, physical and mental health,
8and general welfare of a minor or mentally or physically
9disabled child of the parties.
10    (e) The court may order child support payments to be made
11for a period prior to the commencement of the action. In
12determining whether and to what extent the payments shall be
13made for the prior period, the court shall consider all
14relevant facts, including but not limited to:
15        (1) The factors for determining the amount of support
16    specified in the Illinois Marriage and Dissolution of
17    Marriage Act.
18        (2) The father's prior knowledge of the fact and
19    circumstances of the child's birth.
20        (3) The father's prior willingness or refusal to help
21    raise or support the child.
22        (4) The extent to which the mother or the public agency
23    bringing the action previously informed the father of the
24    child's needs or attempted to seek or require his help in
25    raising or supporting the child.
26        (5) The reasons the mother or the public agency did not

 

 

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

 

 

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1the corresponding payment or installment becomes due under the
2terms of the support order. Each judgment shall have the full
3force, effect, and attributes of any other judgment of this
4State, including the ability to be enforced. A judgment under
5this Section is subject to modification or termination only in
6accordance with Section 510 of the Illinois Marriage and
7Dissolution of Marriage Act. Notwithstanding any State or local
8law to the contrary, a lien arises by operation of law against
9the real and personal property of the noncustodial parent for
10each installment of overdue support owed by the noncustodial
11parent.
12    (g) If the judgment or order of the court is at variance
13with the child's birth certificate, the court shall order that
14a new birth certificate be issued under the Vital Records Act.
15    (h) On the request of both parents, the court shall order a
16change in the child's name.
17    (i) After hearing evidence, the court may stay payment of
18support during the period of the father's minority or period of
19disability.
20    (j) If, upon a showing of proper service, the father fails
21to appear in court or otherwise appear as provided by law, the
22court may proceed to hear the cause upon testimony of the
23mother or other parties taken in open court and shall enter a
24judgment by default. The court may reserve any order as to the
25amount of child support until the father has received notice,
26by regular mail, of a hearing on the matter.

 

 

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1    (k) An order for support, when entered or modified, shall
2include a provision requiring the non-custodial parent to
3notify the court and, in cases in which a party is receiving
4child support enforcement services under Article X of the
5Illinois Public Aid Code, the Department of Healthcare and
6Family Services, within 7 days: (i) of the name and address of
7any new employer of the non-custodial parent; (ii) whether the
8non-custodial parent has access to health insurance coverage
9through the employer or other group coverage and, if so, of the
10policy name and number and the names of persons covered under
11the policy; and (iii) of any new residential or mailing address
12or telephone number of the non-custodial parent. In a
13subsequent action to enforce a support order, upon a sufficient
14showing that a diligent effort has been made to ascertain the
15location of the non-custodial parent, service of process or
16provision of notice necessary in the case may be made at the
17last known address of the non-custodial parent in any manner
18expressly provided by this Act or the Code of Civil Procedure,
19and shall be sufficient for purposes of due process.
20    (l) An order for support shall include a date on which the
21current support obligation terminates. The termination date
22shall be no earlier than the date on which the child covered by
23the order will attain the age of 18. However, if the child will
24not graduate from high school until after attaining the age of
2518, then the termination date shall be no earlier than the
26earlier of the date on which the child's high school graduation

 

 

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

 

 

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

 

 

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1disclosure of the party's address.
 
2    Section 803. Information to State Case Registry.
3    (a) In this Section:
4    "Order for support", "obligor", "obligee", and "business
5day" are defined as set forth in the Income Withholding for
6Support Act.
7    "State Case Registry" means the State Case Registry
8established under Section 10-27 of the Illinois Public Aid
9Code.
10    (b) Each order for support entered or modified by the
11circuit court under this Act shall require that the obligor and
12obligee file with the clerk of the circuit court (i) the
13information required by this Section (and any other information
14required under Title IV, Part D of the Social Security Act or
15by the federal Department of Health and Human Services) at the
16time of entry or modification of the order for support; and
17(ii) updated information within 5 business days of any change.
18Failure of the obligor or obligee to file or update the
19required information shall be punishable as in cases of
20contempt. The failure shall not prevent the court from entering
21or modifying the order for support, however.
22    (c) The obligor shall file the following information: the
23obligor's name, date of birth, social security number, and
24mailing address. If either the obligor or the obligee receives
25child support enforcement services from the Department of

 

 

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

 

 

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

 

 

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1body of an order for support under other laws is not a public
2record and shall be treated as confidential and subject to
3disclosure only in accordance with the provisions of this
4Section, Section 10-27 of the Illinois Public Aid Code, and
5Title IV, Part D of the Social Security Act.
 
6    Section 804. Information to locate putative fathers and
7noncustodial parents.
8    (a) Upon request by a public office, employers, labor
9unions, and telephone companies shall provide location
10information concerning putative fathers and noncustodial
11parents for the purpose of establishing the parentage of a
12child or establishing, enforcing, or modifying a child support
13obligation. As used in this Section, the term "public office"
14is defined as set forth in the Income Withholding for Support
15Act, and "location information" means information about (i) the
16physical whereabouts of a putative father or noncustodial
17parent; (ii) the employer of the putative father or
18noncustodial parent; or (iii) the salary, wages, and other
19compensation paid and the health insurance coverage provided to
20the putative father or noncustodial parent by the employer of
21the putative father or noncustodial parent or by a labor union
22of which the putative father or noncustodial parent is a
23member. An employer, labor union, or telephone company shall
24respond to the request of the public office within 15 days
25after receiving the request. An employer, labor union, or

 

 

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

 

 

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1any person or agency that has furnished or may furnish
2financial assistance or services to the child. The Income
3Withholding for Support Act and Sections 802 and 808 of this
4Act shall also be applicable with respect to the entry,
5modification, and enforcement of a support judgment entered
6under the Paternity Act, approved July 5, 1957 and repealed
7July 1, 1985.
8    (b) Failure to comply with an order of the court shall be
9punishable as contempt as in other cases of failure to comply
10under the Illinois Marriage and Dissolution of Marriage Act. In
11addition to other penalties provided by law, the court may,
12after finding the party guilty of contempt, take the following
13action:
14        (1) Order that the party be placed on probation with
15    such conditions of probation as the court deems advisable.
16        (2) Order that the party be sentenced to periodic
17    imprisonment for a period not to exceed 6 months. However,
18    the court may permit the party to be released for periods
19    of time during the day or night to work, conduct business,
20    or engage in other self-employed occupation. The court may
21    further order any part of all the earnings of a party
22    during a sentence of periodic imprisonment to be paid to
23    the clerk of the circuit court or to the person or parent
24    having custody of the minor child for the support of the
25    child until further order of the court.
26        (3) Pierce the ownership veil of a person, persons, or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1serve in one of the capacities specified in Section 506 of the
2Illinois Marriage and Dissolution of Marriage Act.
 
3    Section 810. Withholding of income to secure payment of
4support. Orders for support entered under this Act are subject
5to the Income Withholding for Support Act.
 
6    Section 811. Information concerning obligors.
7    (a) In this Section:
8    "Arrearage", "delinquency", "obligor", and "order for
9support" have the meanings attributed to those terms in the
10Income Withholding for Support Act.
11    "Consumer reporting agency" has the meaning attributed to
12that term in Section 603(f) of the Fair Credit Reporting Act,
1315 U.S.C. 1681a(f).
14    (b) Whenever a court of competent jurisdiction finds that
15an obligor either owes an arrearage of more than $10,000 or is
16delinquent in payment of an amount equal to at least 3 months'
17support obligation pursuant to an order for support, the court
18shall direct the clerk of the circuit court to make information
19concerning the obligor available to consumer reporting
20agencies.
21    (c) Whenever a court of competent jurisdiction finds that
22an obligor either owes an arrearage of more than $10,000 or is
23delinquent in payment of an amount equal to at least 3 months'
24support obligation pursuant to an order for support, the court

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the clerk of the circuit court for transmittal to the
2Department of Healthcare and Family Services by order of court
3or upon notification by the Department of Healthcare and Family
4Services, the clerk of the circuit court shall transmit all
5payments, within 4 working days of receipt, to insure that
6funds are available for immediate distribution by the
7Department of Healthcare and Family Services to the person or
8entity entitled to them in accordance with the Child Support
9Enforcement Program under Title IV-D of the Social Security
10Act. The clerk of the circuit court shall notify the Department
11of Healthcare and Family Services of the date of receipt and
12the amount of the funds at the time of transmittal. If the
13clerk of the circuit court has entered into an agreement of
14cooperation with the Department of Healthcare and Family
15Services to record the terms of child support orders and
16payments made thereunder directly into the Department's
17automated data processing system, the clerk of the circuit
18court shall account for, transmit and otherwise distribute
19child support payments in accordance with the agreement in lieu
20of the requirements contained in this Section.
21    (g) To the extent the provisions of this Section are
22inconsistent with the requirements pertaining to the State
23Disbursement Unit under Section 815 of this Act and Section
2410-26 of the Illinois Public Aid Code, the requirements
25pertaining to the State Disbursement Unit shall apply.
 

 

 

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1    Section 814. Notice of child support enforcement services.
2The Department of Healthcare and Family Services may provide
3notice at any time to the parties to an action filed under this
4Act that child support enforcement services are being provided
5by the Department under Article X of the Illinois Public Aid
6Code. After notice is provided, the Department of Healthcare
7and Family Services shall be entitled, as if it were a party,
8to notice of any further proceedings brought in the case. The
9Department of Healthcare and Family Services shall provide the
10clerk of the circuit court with copies of the notices sent to
11the parties. The clerk of the circuit court shall file the
12copies in the court file.
 
13    Section 815. Payment of support to State Disbursement Unit.
14    (a) As used in this Section, "order for support",
15"obligor", "obligee", and "payor" have the meanings ascribed to
16them in the Income Withholding for Support Act, except that
17"order for support" does not mean an order for spousal
18maintenance under which there is no child support obligation.
19    (b) Notwithstanding any other provision of this Act to the
20contrary, each order for support entered or modified on or
21after October 1, 1999 shall require that support payments be
22made to the State Disbursement Unit established under Section
2310-26 of the Illinois Public Aid Code if:
24        (1) a party to the order is receiving child support
25    enforcement services under Article X of the Illinois Public

 

 

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

 

 

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

 

 

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1to send the support payments.
2    (h) The notices under subsections (e) and (f) may be sent
3by ordinary mail, certified mail with return receipt requested,
4facsimile transmission, other electronic process, or any
5method provided by law for service of a summons.
 
6    Section 816. Notice to the clerk of circuit court of
7payment received by Department of Healthcare and Family
8Services. For those cases in which support is payable to the
9clerk of the circuit court for transmittal to the Department of
10Healthcare and Family Services by order of court, and the
11Department of Healthcare and Family Services collects support
12by assignment, offset, withhold, deduction, or other process
13permitted by law, the Department of Healthcare and Family
14Services shall notify the clerk of the circuit court of the
15date and amount of the collection. Upon notification, the clerk
16of the circuit court shall record the collection on the payment
17record for the case.
 
18
ARTICLE 9. MISCELLANEOUS PROVISIONS

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

 

 

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1Act or its application to an individual or circumstance is held
2invalid, the invalidity does not affect other provisions or
3applications of this Act which can be given effect without the
4invalid provision or application, and to this end the
5provisions of this Act are severable.
 
6    Section 903. Transitional provision. A proceeding to
7adjudicate parentage which was commenced before the effective
8date of this Act is governed by the law in effect at the time
9the proceeding was commenced.
 
10    Section 904. Savings provision. The repeal of the Illinois
11Parentage Act of 1984 and the Illinois Parentage Act shall not
12affect rights or liabilities under those Acts which have been
13determined, settled, or adjudicated prior to the effective date
14of this Act or which are the subject of proceedings pending on
15the effective date of this Act. This Act shall not be construed
16to bar an action which would have been barred because the
17action had not been filed within a time limitation under the
18Illinois Parentage Act of 1984 and the Illinois Parentage Act,
19or which could not have been maintained under those Acts, as
20long as the action is not barred by a limitations period set
21forth in this Act.
 
22    Section 905. Other states' establishments of parentage.
23Establishments of parentage made under the laws of other states

 

 

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1shall be given full faith and credit in this State regardless
2of whether parentage was established through voluntary
3acknowledgment or through judicial or administrative
4processes.
 
5    Section 951. The Department of Employment Security Law of
6the Civil Administrative Code of Illinois is amended by
7changing Section 1005-130 as follows:
 
8    (20 ILCS 1005/1005-130)  (was 20 ILCS 1005/43a.14)
9    Sec. 1005-130. Exchange of information for child support
10enforcement.
11    (a) The Department has the power to exchange with the
12Department of Healthcare and Family Services information that
13may be necessary for the enforcement of child support orders
14entered pursuant to the Illinois Public Aid Code, the Illinois
15Marriage and Dissolution of Marriage Act, the Non-Support of
16Spouse and Children Act, the Non-Support Punishment Act, the
17Revised Uniform Reciprocal Enforcement of Support Act, the
18Uniform Interstate Family Support Act, or the Illinois
19Parentage Act of 1984, or the Illinois Parentage Act of 2013.
20    (b) Notwithstanding any provisions in the Civil
21Administrative Code of Illinois to the contrary, the Department
22of Employment Security shall not be liable to any person for
23any disclosure of information to the Department of Healthcare
24and Family Services (formerly Illinois Department of Public

 

 

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1Aid) under subsection (a) or for any other action taken in good
2faith to comply with the requirements of subsection (a).
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    Section 952. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-15 as follows:
 
7    (20 ILCS 2105/2105-15)
8    Sec. 2105-15. General powers and duties.
9    (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers and
11duties:
12        (1) To authorize examinations in English to ascertain
13    the qualifications and fitness of applicants to exercise
14    the profession, trade, or occupation for which the
15    examination is held.
16        (2) To prescribe rules and regulations for a fair and
17    wholly impartial method of examination of candidates to
18    exercise the respective professions, trades, or
19    occupations.
20        (3) To pass upon the qualifications of applicants for
21    licenses, certificates, and authorities, whether by
22    examination, by reciprocity, or by endorsement.
23        (4) To prescribe rules and regulations defining, for
24    the respective professions, trades, and occupations, what

 

 

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1    shall constitute a school, college, or university, or
2    department of a university, or other institution,
3    reputable and in good standing, and to determine the
4    reputability and good standing of a school, college, or
5    university, or department of a university, or other
6    institution, reputable and in good standing, by reference
7    to a compliance with those rules and regulations; provided,
8    that no school, college, or university, or department of a
9    university, or other institution that refuses admittance
10    to applicants solely on account of race, color, creed, sex,
11    or national origin shall be considered reputable and in
12    good standing.
13        (5) To conduct hearings on proceedings to revoke,
14    suspend, refuse to renew, place on probationary status, or
15    take other disciplinary action as authorized in any
16    licensing Act administered by the Department with regard to
17    licenses, certificates, or authorities of persons
18    exercising the respective professions, trades, or
19    occupations and to revoke, suspend, refuse to renew, place
20    on probationary status, or take other disciplinary action
21    as authorized in any licensing Act administered by the
22    Department with regard to those licenses, certificates, or
23    authorities. The Department shall issue a monthly
24    disciplinary report. The Department shall deny any license
25    or renewal authorized by the Civil Administrative Code of
26    Illinois to any person who has defaulted on an educational

 

 

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1    loan or scholarship provided by or guaranteed by the
2    Illinois Student Assistance Commission or any governmental
3    agency of this State; however, the Department may issue a
4    license or renewal if the aforementioned persons have
5    established a satisfactory repayment record as determined
6    by the Illinois Student Assistance Commission or other
7    appropriate governmental agency of this State.
8    Additionally, beginning June 1, 1996, any license issued by
9    the Department may be suspended or revoked if the
10    Department, after the opportunity for a hearing under the
11    appropriate licensing Act, finds that the licensee has
12    failed to make satisfactory repayment to the Illinois
13    Student Assistance Commission for a delinquent or
14    defaulted loan. For the purposes of this Section,
15    "satisfactory repayment record" shall be defined by rule.
16    The Department shall refuse to issue or renew a license to,
17    or shall suspend or revoke a license of, any person who,
18    after receiving notice, fails to comply with a subpoena or
19    warrant relating to a paternity or child support
20    proceeding. However, the Department may issue a license or
21    renewal upon compliance with the subpoena or warrant.
22        The Department, without further process or hearings,
23    shall revoke, suspend, or deny any license or renewal
24    authorized by the Civil Administrative Code of Illinois to
25    a person who is certified by the Department of Healthcare
26    and Family Services (formerly Illinois Department of

 

 

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1    Public Aid) as being more than 30 days delinquent in
2    complying with a child support order or who is certified by
3    a court as being in violation of the Non-Support Punishment
4    Act for more than 60 days. The Department may, however,
5    issue a license or renewal if the person has established a
6    satisfactory repayment record as determined by the
7    Department of Healthcare and Family Services (formerly
8    Illinois Department of Public Aid) or if the person is
9    determined by the court to be in compliance with the
10    Non-Support Punishment Act. The Department may implement
11    this paragraph as added by Public Act 89-6 through the use
12    of emergency rules in accordance with Section 5-45 of the
13    Illinois Administrative Procedure Act. For purposes of the
14    Illinois Administrative Procedure Act, the adoption of
15    rules to implement this paragraph shall be considered an
16    emergency and necessary for the public interest, safety,
17    and welfare.
18        (6) To transfer jurisdiction of any realty under the
19    control of the Department to any other department of the
20    State Government or to acquire or accept federal lands when
21    the transfer, acquisition, or acceptance is advantageous
22    to the State and is approved in writing by the Governor.
23        (7) To formulate rules and regulations necessary for
24    the enforcement of any Act administered by the Department.
25        (8) To exchange with the Department of Healthcare and
26    Family Services information that may be necessary for the

 

 

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1    enforcement of child support orders entered pursuant to the
2    Illinois Public Aid Code, the Illinois Marriage and
3    Dissolution of Marriage Act, the Non-Support of Spouse and
4    Children Act, the Non-Support Punishment Act, the Revised
5    Uniform Reciprocal Enforcement of Support Act, the Uniform
6    Interstate Family Support Act, or the Illinois Parentage
7    Act of 1984, or the Illinois Parentage Act of 2013.
8    Notwithstanding any provisions in this Code to the
9    contrary, the Department of Professional Regulation shall
10    not be liable under any federal or State law to any person
11    for any disclosure of information to the Department of
12    Healthcare and Family Services (formerly Illinois
13    Department of Public Aid) under this paragraph (8) or for
14    any other action taken in good faith to comply with the
15    requirements of this paragraph (8).
16        (9) To perform other duties prescribed by law.
17    (a-5) Except in cases involving default on an educational
18loan or scholarship provided by or guaranteed by the Illinois
19Student Assistance Commission or any governmental agency of
20this State or in cases involving delinquency in complying with
21a child support order or violation of the Non-Support
22Punishment Act, no person or entity whose license, certificate,
23or authority has been revoked as authorized in any licensing
24Act administered by the Department may apply for restoration of
25that license, certification, or authority until 3 years after
26the effective date of the revocation.

 

 

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1    (b) The Department may, when a fee is payable to the
2Department for a wall certificate of registration provided by
3the Department of Central Management Services, require that
4portion of the payment for printing and distribution costs be
5made directly or through the Department to the Department of
6Central Management Services for deposit into the Paper and
7Printing Revolving Fund. The remainder shall be deposited into
8the General Revenue Fund.
9    (c) For the purpose of securing and preparing evidence, and
10for the purchase of controlled substances, professional
11services, and equipment necessary for enforcement activities,
12recoupment of investigative costs, and other activities
13directed at suppressing the misuse and abuse of controlled
14substances, including those activities set forth in Sections
15504 and 508 of the Illinois Controlled Substances Act, the
16Director and agents appointed and authorized by the Director
17may expend sums from the Professional Regulation Evidence Fund
18that the Director deems necessary from the amounts appropriated
19for that purpose. Those sums may be advanced to the agent when
20the Director deems that procedure to be in the public interest.
21Sums for the purchase of controlled substances, professional
22services, and equipment necessary for enforcement activities
23and other activities as set forth in this Section shall be
24advanced to the agent who is to make the purchase from the
25Professional Regulation Evidence Fund on vouchers signed by the
26Director. The Director and those agents are authorized to

 

 

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1maintain one or more commercial checking accounts with any
2State banking corporation or corporations organized under or
3subject to the Illinois Banking Act for the deposit and
4withdrawal of moneys to be used for the purposes set forth in
5this Section; provided, that no check may be written nor any
6withdrawal made from any such account except upon the written
7signatures of 2 persons designated by the Director to write
8those checks and make those withdrawals. Vouchers for those
9expenditures must be signed by the Director. All such
10expenditures shall be audited by the Director, and the audit
11shall be submitted to the Department of Central Management
12Services for approval.
13    (d) Whenever the Department is authorized or required by
14law to consider some aspect of criminal history record
15information for the purpose of carrying out its statutory
16powers and responsibilities, then, upon request and payment of
17fees in conformance with the requirements of Section 2605-400
18of the Department of State Police Law (20 ILCS 2605/2605-400),
19the Department of State Police is authorized to furnish,
20pursuant to positive identification, the information contained
21in State files that is necessary to fulfill the request.
22    (e) The provisions of this Section do not apply to private
23business and vocational schools as defined by Section 15 of the
24Private Business and Vocational Schools Act of 2012.
25    (f) Beginning July 1, 1995, this Section does not apply to
26those professions, trades, and occupations licensed under the

 

 

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1Real Estate License Act of 2000, nor does it apply to any
2permits, certificates, or other authorizations to do business
3provided for in the Land Sales Registration Act of 1989 or the
4Illinois Real Estate Time-Share Act.
5    (g) Notwithstanding anything that may appear in any
6individual licensing statute or administrative rule, the
7Department shall deny any license application or renewal
8authorized under any licensing Act administered by the
9Department to any person who has failed to file a return, or to
10pay the tax, penalty, or interest shown in a filed return, or
11to pay any final assessment of tax, penalty, or interest, as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirement of any such tax
14Act are satisfied; however, the Department may issue a license
15or renewal if the person has established a satisfactory
16repayment record as determined by the Illinois Department of
17Revenue. For the purpose of this Section, "satisfactory
18repayment record" shall be defined by rule.
19    In addition, a complaint filed with the Department by the
20Illinois Department of Revenue that includes a certification,
21signed by its Director or designee, attesting to the amount of
22the unpaid tax liability or the years for which a return was
23not filed, or both, is prima facia evidence of the licensee's
24failure to comply with the tax laws administered by the
25Illinois Department of Revenue. Upon receipt of that
26certification, the Department shall, without a hearing,

 

 

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1immediately suspend all licenses held by the licensee.
2Enforcement of the Department's order shall be stayed for 60
3days. The Department shall provide notice of the suspension to
4the licensee by mailing a copy of the Department's order by
5certified and regular mail to the licensee's last known address
6as registered with the Department. The notice shall advise the
7licensee that the suspension shall be effective 60 days after
8the issuance of the Department's order unless the Department
9receives, from the licensee, a request for a hearing before the
10Department to dispute the matters contained in the order.
11    Any suspension imposed under this subsection (g) shall be
12terminated by the Department upon notification from the
13Illinois Department of Revenue that the licensee is in
14compliance with all tax laws administered by the Illinois
15Department of Revenue.
16    The Department shall promulgate rules for the
17administration of this subsection (g).
18    (h) The Department may grant the title "Retired", to be
19used immediately adjacent to the title of a profession
20regulated by the Department, to eligible retirees. The use of
21the title "Retired" shall not constitute representation of
22current licensure, registration, or certification. Any person
23without an active license, registration, or certificate in a
24profession that requires licensure, registration, or
25certification shall not be permitted to practice that
26profession.

 

 

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1    (i) Within 180 days after December 23, 2009 (the effective
2date of Public Act 96-852), the Department shall promulgate
3rules which permit a person with a criminal record, who seeks a
4license or certificate in an occupation for which a criminal
5record is not expressly a per se bar, to apply to the
6Department for a non-binding, advisory opinion to be provided
7by the Board or body with the authority to issue the license or
8certificate as to whether his or her criminal record would bar
9the individual from the licensure or certification sought,
10should the individual meet all other licensure requirements
11including, but not limited to, the successful completion of the
12relevant examinations.
13(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
1496-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
 
15    Section 953. The Department of Revenue Law of the Civil
16Administrative Code of Illinois is amended by changing Section
172505-65 as follows:
 
18    (20 ILCS 2505/2505-65)  (was 20 ILCS 2505/39b12)
19    Sec. 2505-65. Exchange of information.
20    (a) The Department has the power to exchange with any
21state, with any local subdivisions of any state, or with the
22federal government, except when specifically prohibited by
23law, any information that may be necessary to efficient tax
24administration and that may be acquired as a result of the

 

 

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1administration of the laws set forth in the Sections following
2Section 95-10 and preceding Section 2505-60.
3    (b) The Department has the power to exchange with the
4Department of Healthcare and Family Services information that
5may be necessary for the enforcement of child support orders
6entered pursuant to the Illinois Public Aid Code, the Illinois
7Marriage and Dissolution of Marriage Act, the Non-Support of
8Spouse and Children Act, the Non-Support Punishment Act, the
9Revised Uniform Reciprocal Enforcement of Support Act, the
10Uniform Interstate Family Support Act, or the Illinois
11Parentage Act of 1984, or the Illinois Parentage Act of 2013.
12Notwithstanding any provisions in this Code to the contrary,
13the Department of Revenue shall not be liable to any person for
14any disclosure of information to the Department of Healthcare
15and Family Services (formerly Illinois Department of Public
16Aid) under this subsection (b) or for any other action taken in
17good faith to comply with the requirements of this subsection
18(b).
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    Section 954. The Counties Code is amended by changing
21Section 3-5036.5 as follows:
 
22    (55 ILCS 5/3-5036.5)
23    Sec. 3-5036.5. Exchange of information for child support
24enforcement.

 

 

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1    (a) The Recorder shall exchange with the Department of
2Healthcare and Family Services information that may be
3necessary for the enforcement of child support orders entered
4pursuant to the Illinois Public Aid Code, the Illinois Marriage
5and Dissolution of Marriage Act, the Non-Support of Spouse and
6Children Act, the Non-Support Punishment Act, the Revised
7Uniform Reciprocal Enforcement of Support Act, the Uniform
8Interstate Family Support Act, or the Illinois Parentage Act of
91984, or the Illinois Parentage Act of 2013.
10    (b) Notwithstanding any provisions in this Code to the
11contrary, the Recorder shall not be liable to any person for
12any disclosure of information to the Department of Healthcare
13and Family Services (formerly Illinois Department of Public
14Aid) under subsection (a) or for any other action taken in good
15faith to comply with the requirements of subsection (a).
16(Source: P.A. 95-331, eff. 8-21-07.)
 
17    Section 955. The Collection Agency Act is amended by
18changing Section 2.04 as follows:
 
19    (225 ILCS 425/2.04)  (from Ch. 111, par. 2005.1)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 2.04. Child support indebtedness.
22    (a) Persons, associations, partnerships, corporations, or
23other legal entities engaged in the business of collecting
24child support indebtedness owing under a court order as

 

 

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1provided under 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
4Illinois Parentage Act of 1984, the Illinois Parentage Act of
52013, or similar laws of other states are not restricted (i) in
6the frequency of contact with an obligor who is in arrears,
7whether by phone, mail, or other means, (ii) from contacting
8the employer of an obligor who is in arrears, (iii) from
9publishing or threatening to publish a list of obligors in
10arrears, (iv) from disclosing or threatening to disclose an
11arrearage that the obligor disputes, but for which a verified
12notice of delinquency has been served under the Income
13Withholding for Support Act (or any of its predecessors,
14Section 10-16.2 of the Illinois Public Aid Code, Section 706.1
15of the Illinois Marriage and Dissolution of Marriage Act,
16Section 4.1 of the Non-Support of Spouse and Children Act,
17Section 26.1 of the Revised Uniform Reciprocal Enforcement of
18Support Act, or Section 20 of the Illinois Parentage Act of
191984), or (v) from engaging in conduct that would not cause a
20reasonable person mental or physical illness. For purposes of
21this subsection, "obligor" means an individual who owes a duty
22to make periodic payments, under a court order, for the support
23of a child. "Arrearage" means the total amount of an obligor's
24unpaid child support obligations.
25    (a-5) A collection agency may not impose a fee or charge,
26including costs, for any child support payments collected

 

 

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1through the efforts of a federal, State, or local government
2agency, including but not limited to child support collected
3from federal or State tax refunds, unemployment benefits, or
4Social Security benefits.
5    No collection agency that collects child support payments
6shall (i) impose a charge or fee, including costs, for
7collection of a current child support payment, (ii) fail to
8apply collections to current support as specified in the order
9for support before applying collection to arrears or other
10amounts, or (iii) designate a current child support payment as
11arrears or other amount owed. In all circumstances, the
12collection agency shall turn over to the obligee all support
13collected in a month up to the amount of current support
14required to be paid for that month.
15    As to any fees or charges, including costs, retained by the
16collection agency, that agency shall provide documentation to
17the obligee demonstrating that the child support payments
18resulted from the actions of the agency.
19    After collection of the total amount or arrearage,
20including statutory interest, due as of the date of execution
21of the collection contract, no further fees may be charged.
22    (a-10) The Department of Professional Regulation shall
23determine a fee rate of not less than 25% but not greater than
2435%, based upon presentation by the licensees as to costs to
25provide the service and a fair rate of return. This rate shall
26be established by administrative rule.

 

 

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1    Without prejudice to the determination by the Department of
2the appropriate rate through administrative rule, a collection
3agency shall impose a fee of not more than 29% of the amount of
4child support actually collected by the collection agency
5subject to the provisions of subsection (a-5). This interim
6rate is based upon the March 2002 General Account Office report
7"Child Support Enforcement", GAO-02-349. This rate shall apply
8until a fee rate is established by administrative rule.
9    (b) The Department shall adopt rules necessary to
10administer and enforce the provisions of this Section.
11(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)
 
12    Section 956. The Illinois Public Aid Code is amended by
13changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19,
1410-25, 10-25.5, 10-27, and 12-4.7c as follows:
 
15    (305 ILCS 5/10-3.1)  (from Ch. 23, par. 10-3.1)
16    Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
17Department shall establish within its administrative staff a
18Child and Spouse Support Unit to search for and locate absent
19parents and spouses liable for the support of persons resident
20in this State and to exercise the support enforcement powers
21and responsibilities assigned the Department by this Article.
22The unit shall cooperate with all law enforcement officials in
23this State and with the authorities of other States in locating
24persons responsible for the support of persons resident in

 

 

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1other States and shall invite the cooperation of these
2authorities in the performance of its duties.
3    In addition to other duties assigned the Child and Spouse
4Support Unit by this Article, the Unit may refer to the
5Attorney General or units of local government with the approval
6of the Attorney General, any actions under Sections 10-10 and
710-15 for judicial enforcement of the support liability. The
8Child and Spouse Support Unit shall act for the Department in
9referring to the Attorney General support matters requiring
10judicial enforcement under other laws. If requested by the
11Attorney General to so act, as provided in Section 12-16,
12attorneys of the Unit may assist the Attorney General or
13themselves institute actions on in behalf of the Illinois
14Department under the Revised Uniform Reciprocal Enforcement of
15Support Act; under the Illinois Parentage Act of 1984 or under
16the Illinois Parentage Act of 2013; under the Non-Support of
17Spouse and Children Act; under the Non-Support Punishment Act;
18or under any other law, State or Federal, providing for support
19of a spouse or dependent child.
20    The Illinois Department shall also have the authority to
21enter into agreements with local governmental units or
22individuals, with the approval of the Attorney General, for the
23collection of moneys owing because of the failure of a parent
24to make child support payments for any child receiving services
25under this Article. Such agreements may be on a contingent fee
26basis, but such contingent fee shall not exceed 25% of the

 

 

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1total amount collected.
2    An attorney who provides representation pursuant to this
3Section shall represent the Illinois Department exclusively.
4Regardless of the designation of the plaintiff in an action
5brought pursuant to this Section, an attorney-client
6relationship does not exist for purposes of that action between
7that attorney and (i) an applicant for or recipient of child
8support enforcement services or (ii) any other party to the
9action other than the Illinois Department. Nothing in this
10Section shall be construed to modify any power or duty
11(including a duty to maintain confidentiality) of the Child and
12Spouse Support Unit or the Illinois Department otherwise
13provided by law.
14    The Illinois Department may also enter into agreements with
15local governmental units for the Child and Spouse Support Unit
16to exercise the investigative and enforcement powers
17designated in this Article, including the issuance of
18administrative orders under Section 10-11, in locating
19responsible relatives and obtaining support for persons
20applying for or receiving aid under Article VI. Payments for
21defrayment of administrative costs and support payments
22obtained shall be deposited into the DHS Recoveries Trust Fund.
23Support payments shall be paid over to the General Assistance
24Fund of the local governmental unit at such time or times as
25the agreement may specify.
26    With respect to those cases in which it has support

 

 

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1enforcement powers and responsibilities under this Article,
2the Illinois Department may provide by rule for periodic or
3other review of each administrative and court order for support
4to determine whether a modification of the order should be
5sought. The Illinois Department shall provide for and conduct
6such review in accordance with any applicable federal law and
7regulation.
8    As part of its process for review of orders for support,
9the Illinois Department, through written notice, may require
10the responsible relative to disclose his or her Social Security
11Number and past and present information concerning the
12relative's address, employment, gross wages, deductions from
13gross wages, net wages, bonuses, commissions, number of
14dependent exemptions claimed, individual and dependent health
15insurance coverage, and any other information necessary to
16determine the relative's ability to provide support in a case
17receiving child support enforcement services under this
18Article X.
19    The Illinois Department may send a written request for the
20same information to the relative's employer. The employer shall
21respond to the request for information within 15 days after the
22date the employer receives the request. If the employer
23willfully fails to fully respond within the 15-day period, the
24employer shall pay a penalty of $100 for each day that the
25response is not provided to the Illinois Department after the
2615-day period has expired. The penalty may be collected in a

 

 

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1civil action which may be brought against the employer in favor
2of the Illinois Department.
3    A written request for information sent to an employer
4pursuant to this Section shall consist of (i) a citation of
5this Section as the statutory authority for the request and for
6the employer's obligation to provide the requested
7information, (ii) a returnable form setting forth the
8employer's name and address and listing the name of the
9employee with respect to whom information is requested, and
10(iii) a citation of this Section as the statutory authority
11authorizing the employer to withhold a fee of up to $20 from
12the wages or income to be paid to each responsible relative for
13providing the information to the Illinois Department within the
1415-day period. If the employer is withholding support payments
15from the responsible relative's income pursuant to an order for
16withholding, the employer may withhold the fee provided for in
17this Section only after withholding support as required under
18the order. Any amounts withheld from the responsible relative's
19income for payment of support and the fee provided for in this
20Section shall not be in excess of the amounts permitted under
21the federal Consumer Credit Protection Act.
22    In a case receiving child support enforcement services, the
23Illinois Department may request and obtain information from a
24particular employer under this Section no more than once in any
2512-month period, unless the information is necessary to conduct
26a review of a court or administrative order for support at the

 

 

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1request of the person receiving child support enforcement
2services.
3    The Illinois Department shall establish and maintain an
4administrative unit to receive and transmit to the Child and
5Spouse Support Unit information supplied by persons applying
6for or receiving child support enforcement services under
7Section 10-1. In addition, the Illinois Department shall
8address and respond to any alleged deficiencies that persons
9receiving or applying for services from the Child and Spouse
10Support Unit may identify concerning the Child and Spouse
11Support Unit's provision of child support enforcement
12services. Within 60 days after an action or failure to act by
13the Child and Spouse Support Unit that affects his or her case,
14a recipient of or applicant for child support enforcement
15services under Article X of this Code may request an
16explanation of the Unit's handling of the case. At the
17requestor's option, the explanation may be provided either
18orally in an interview, in writing, or both. If the Illinois
19Department fails to respond to the request for an explanation
20or fails to respond in a manner satisfactory to the applicant
21or recipient within 30 days from the date of the request for an
22explanation, the applicant or recipient may request a
23conference for further review of the matter by the Office of
24the Administrator of the Child and Spouse Support Unit. A
25request for a conference may be submitted at any time within 60
26days after the explanation has been provided by the Child and

 

 

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1Spouse Support Unit or within 60 days after the time for
2providing the explanation has expired.
3    The applicant or recipient may request a conference
4concerning any decision denying or terminating child support
5enforcement services under Article X of this Code, and the
6applicant or recipient may also request a conference concerning
7the Unit's failure to provide services or the provision of
8services in an amount or manner that is considered inadequate.
9For purposes of this Section, the Child and Spouse Support Unit
10includes all local governmental units or individuals with whom
11the Illinois Department has contracted under Section 10-3.1.
12    Upon receipt of a timely request for a conference, the
13Office of the Administrator shall review the case. The
14applicant or recipient requesting the conference shall be
15entitled, at his or her option, to appear in person or to
16participate in the conference by telephone. The applicant or
17recipient requesting the conference shall be entitled to be
18represented and to be afforded a reasonable opportunity to
19review the Illinois Department's file before or at the
20conference. At the conference, the applicant or recipient
21requesting the conference shall be afforded an opportunity to
22present all relevant matters in support of his or her claim.
23Conferences shall be without cost to the applicant or recipient
24requesting the conference and shall be conducted by a
25representative of the Child or Spouse Support Unit who did not
26participate in the action or inaction being reviewed.

 

 

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1    The Office of the Administrator shall conduct a conference
2and inform all interested parties, in writing, of the results
3of the conference within 60 days from the date of filing of the
4request for a conference.
5    In addition to its other powers and responsibilities
6established by this Article, the Child and Spouse Support Unit
7shall conduct an annual assessment of each institution's
8program for institution based paternity establishment under
9Section 12 of the Vital Records Act.
10(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16,
11eff. 6-28-01; 92-590, eff. 7-1-02.)
 
12    (305 ILCS 5/10-16.7)
13    Sec. 10-16.7. Child support enforcement debit
14authorization.
15    (a) For purposes of this Section:
16    "Financial institution" and "account" are defined as set
17forth in Section 10-24.
18    "Payor" is defined as set forth in Section 15 of the Income
19Withholding for Support Act.
20    "Order for support" means any order for periodic payment of
21funds to the State Disbursement Unit for the support of a child
22or, where applicable, for support of a child and a parent with
23whom the child resides, that is entered or modified under this
24Code or under the Illinois Marriage and Dissolution of Marriage
25Act, the Non-Support of Spouse and Children Act, the

 

 

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1Non-Support Punishment Act, or the Illinois Parentage Act of
21984, or the Illinois Parentage Act of 2013, or that is entered
3or registered for modification or enforcement under the Uniform
4Interstate Family Support Act.
5    "Obligor" means an individual who owes a duty to make
6payments under an order for support in a case in which child
7support enforcement services are being provided under this
8Article X.
9    (b) The Department of Public Aid (now Healthcare and Family
10Services) shall adopt a child support enforcement debit
11authorization form that, upon being signed by an obligor,
12authorizes a financial institution holding an account on the
13obligor's behalf to debit the obligor's account periodically in
14an amount equal to the amount of child support that the obligor
15is required to pay periodically and transfer that amount to the
16State Disbursement Unit. The form shall include instructions to
17the financial institution concerning the debiting of accounts
18held on behalf of obligors and the transfer of the debited
19amounts to the State Disbursement Unit. In adopting the form,
20the Department may consult with the Office of Banks and Real
21Estate and the Department of Financial Institutions. The
22Department must adopt the form within 6 months after the
23effective date of this amendatory Act of the 93rd General
24Assembly. Promptly after adopting the form, the Department must
25notify each financial institution conducting business in this
26State that the form has been adopted and is ready for use.

 

 

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1    (c) An obligor who does not have a payor may sign a child
2support debit authorization form adopted by the Department
3under this Section. The obligor may sign a form in relation to
4any or all of the financial institutions holding an account on
5the obligor's behalf. Promptly after an obligor signs a child
6support debit authorization form, the Department shall send the
7original signed form to the appropriate financial institution.
8Subject to subsection (e), upon receiving the form, the
9financial institution shall debit the account and transfer the
10debited amounts to the State Disbursement Unit according to the
11instructions in the form. A financial institution that complies
12with a child support debit authorization form signed by an
13obligor and issued under this Section shall not be subject to
14civil liability with respect to any individual or any agency.
15    (d) The signing and issuance of a child support debit
16authorization form under this Section does not relieve the
17obligor from responsibility for compliance with any
18requirement under the order for support.
19    (e) A financial institution is obligated to debit the
20account of an obligor pursuant to this Section only if or to
21the extent:
22        (1) the financial institution reasonably believes the
23    debit authorization form is a true and authentic original
24    document;     
25        (2) there are finally collected funds in the account;
26    and

 

 

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1        (3) the account is not subject to offsetting claims of
2    the financial institution, whether due at the time of
3    receipt of the debit authorization form or thereafter to
4    become due and whether liquidated or unliquidated.
5    To the extent the account of the obligor is pledged or held
6by the financial institution as security for a loan or other
7obligation, or that the financial institution has any other
8claim or lien against the account, the financial institution is
9entitled to retain the account.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (305 ILCS 5/10-17)  (from Ch. 23, par. 10-17)
12    Sec. 10-17. Other Actions and Remedies for Support. The
13procedures, actions and remedies provided in this Article shall
14in no way be exclusive, but shall be available in addition to
15other actions and remedies of support, including, but not by
16way of limitation, the remedies provided in (a) the Illinois
17Parentage Act of 2013 "Paternity Act", approved July 5, 1957,
18as amended; (b) the "Non-Support of Spouse and Children Act",
19approved June 24, 1915, as amended; (b-5) the Non-Support
20Punishment Act; and (c) the "Revised Uniform Reciprocal
21Enforcement of Support Act", approved August 28, 1969, as
22amended.
23(Source: P.A. 91-613, eff. 10-1-99.)
 
24    (305 ILCS 5/10-17.7)

 

 

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1    Sec. 10-17.7. Administrative determination of paternity.
2The Illinois Department may provide by rule for the
3administrative determination of paternity by the Child and
4Spouse Support Unit in cases involving applicants for or
5recipients of financial aid under Article IV of this Act and
6other persons who are given access to the child support
7enforcement services of this Article as provided in Section
810-1, including persons similarly situated and receiving
9similar services in other states. The rules shall extend to
10cases in which the mother and alleged father voluntarily
11acknowledge paternity in the form required by the Illinois
12Department or agree to be bound by the results of genetic
13testing or in which the alleged father has failed to respond to
14a notification of support obligation issued under Section 10-4
15and to cases of contested paternity. The Illinois Department's
16form for voluntary acknowledgement of paternity shall be the
17same form prepared by the Illinois Department for use under the
18requirements of Section 12 of the Vital Records Act. Any
19presumption provided for under the Illinois Parentage Act of
201984 or under the Illinois Parentage Act of 2013 on and after
21the effective date of that Act shall apply to cases in which
22paternity is determined under the rules of the Illinois
23Department. The rules shall provide for notice and an
24opportunity to be heard by the responsible relative and the
25person receiving child support enforcement services under this
26Article if paternity is not voluntarily acknowledged, and any

 

 

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1final administrative decision rendered by the Illinois
2Department shall be reviewed only under and in accordance with
3the Administrative Review Law. Determinations of paternity
4made by the Illinois Department under the rules authorized by
5this Section shall have the full force and effect of a court
6judgment of paternity entered under the Illinois Parentage Act
7of 1984 or under the Illinois Parentage Act of 2013.
8    In determining paternity in contested cases, the Illinois
9Department shall conduct the evidentiary hearing in accordance
10with Article 4 of the Illinois Parentage Act of 2013 Section 11
11of the Parentage Act of 1984, except that references in that
12Article Section to "the court" shall be deemed to mean the
13Illinois Department's hearing officer in cases in which
14paternity is determined administratively by the Illinois
15Department.
16    Notwithstanding any other provision of this Article, a
17default determination of paternity may be made if service of
18the notice under Section 10-4 was made by publication under the
19rules for administrative paternity determination authorized by
20this Section. The rules as they pertain to service by
21publication shall (i) be based on the provisions of Section
222-206 and 2-207 of the Code of Civil Procedure, (ii) provide
23for service by publication in cases in which the whereabouts of
24the alleged father are unknown after diligent location efforts
25by the Child and Spouse Support Unit, and (iii) provide for
26publication of a notice of default paternity determination in

 

 

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1the same manner that the notice under Section 10-4 was
2published.
3    The Illinois Department may implement this Section through
4the use of emergency rules in accordance with Section 5-45 of
5the Illinois Administrative Procedure Act. For purposes of the
6Illinois Administrative Procedure Act, the adoption of rules to
7implement this Section shall be considered an emergency and
8necessary for the public interest, safety, and welfare.
9(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
 
10    (305 ILCS 5/10-19)  (from Ch. 23, par. 10-19)
11    Sec. 10-19. Support Payments Ordered Under Other Laws;
12where deposited. The Illinois Department and local
13governmental units are authorized to receive payments directed
14by court order for the support of recipients, as provided in
15the following Acts:
16    1. "Non-Support of Spouse and Children Act", approved June
1724, 1915, as amended,
18    1.5. The Non-Support Punishment Act,
19    2. "Illinois Marriage and Dissolution of Marriage Act", as
20now or hereafter amended,
21    3. The Illinois Parentage Act, as amended,
22    3.5. The Illinois Parentage Act of 2013,
23    4. "Revised Uniform Reciprocal Enforcement of Support
24Act", approved August 28, 1969, as amended,
25    5. The Juvenile Court Act or the Juvenile Court Act of

 

 

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11987, as amended,
2    6. The "Unified Code of Corrections", approved July 26,
31972, as amended,
4    7. Part 7 of Article XII of the Code of Civil Procedure, as
5amended,
6    8. Part 8 of Article XII of the Code of Civil Procedure, as
7amended, and
8    9. Other laws which may provide by judicial order for
9direct payment of support moneys.
10    Payments under this Section to the Illinois Department
11pursuant to the Child Support Enforcement Program established
12by Title IV-D of the Social Security Act shall be paid into the
13Child Support Enforcement Trust Fund. All payments under this
14Section to the Illinois Department of Human Services shall be
15deposited in the DHS Recoveries Trust Fund. Disbursements from
16these funds shall be as provided in Sections 12-9.1 and 12-10.2
17of this Code. Payments received by a local governmental unit
18shall be deposited in that unit's General Assistance Fund.
19    To the extent the provisions of this Section are
20inconsistent with the requirements pertaining to the State
21Disbursement Unit under Sections 10-10.4 and 10-26 of this
22Code, the requirements pertaining to the State Disbursement
23Unit shall apply.
24(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
25eff. 10-1-99; 92-16, eff. 6-28-01.)
 

 

 

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1    (305 ILCS 5/10-25)
2    Sec. 10-25. Administrative liens and levies on real
3property for past-due child support.
4    (a) Notwithstanding any other State or local law to the
5contrary, the State shall have a lien on all legal and
6equitable interests of responsible relatives in their real
7property in the amount of past-due child support owing pursuant
8to an order for child support entered under Sections 10-10 and
910-11 of this Code, or under the Illinois Marriage and
10Dissolution of Marriage Act, the Non-Support of Spouse and
11Children Act, the Non-Support Punishment Act, the Uniform
12Interstate Family Support Act, or the Illinois Parentage Act of
131984, or the Illinois Parentage Act of 2013.
14    (b) The Illinois Department shall provide by rule for
15notice to and an opportunity to be heard by each responsible
16relative affected, and any final administrative decision
17rendered by the Illinois Department shall be reviewed only
18under and in accordance with the Administrative Review Law.
19    (c) When enforcing a lien under subsection (a) of this
20Section, the Illinois Department shall have the authority to
21execute notices of administrative liens and levies, which shall
22contain the name and address of the responsible relative, a
23legal description of the real property to be levied, the fact
24that a lien is being claimed for past-due child support, and
25such other information as the Illinois Department may by rule
26prescribe. The Illinois Department shall record the notice of

 

 

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1lien with the recorder or registrar of titles of the county or
2counties in which the real estate is located.
3    (d) The State's lien under subsection (a) shall be
4enforceable upon the recording or filing of a notice of lien
5with the recorder or registrar of titles of the county or
6counties in which the real estate is located. The lien shall be
7prior to any lien thereafter recorded or filed and shall be
8notice to a subsequent purchaser, assignor, or encumbrancer of
9the existence and nature of the lien. The lien shall be
10inferior to the lien of general taxes, special assessment, and
11special taxes heretofore or hereafter levied by any political
12subdivision or municipal corporation of the State.
13    In the event that title to the land to be affected by the
14notice of lien is registered under the Registered Titles
15(Torrens) Act, the notice shall be filed in the office of the
16registrar of titles as a memorial or charge upon each folium of
17the register of titles affected by the notice; but the State
18shall not have a preference over the rights of any bona fide
19purchaser, mortgagee, judgment creditor, or other lien holders
20registered prior to the registration of the notice.
21    (e) The recorder or registrar of titles of each county
22shall procure a file labeled "Child Support Lien Notices" and
23an index book labeled "Child Support Lien Notices". When notice
24of any lien is presented to the recorder or registrar of titles
25for filing, the recorder or registrar of titles shall file it
26in numerical order in the file and shall enter it

 

 

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1alphabetically in the index. The entry shall show the name and
2last known address of the person named in the notice, the
3serial number of the notice, the date and hour of filing, and
4the amount of child support due at the time when the lien is
5filed.
6    (f) The Illinois Department shall not be required to
7furnish bond or make a deposit for or pay any costs or fees of
8any court or officer thereof in any legal proceeding involving
9the lien.
10    (g) To protect the lien of the State for past-due child
11support, the Illinois Department may, from funds that are
12available for that purpose, pay or provide for the payment of
13necessary or essential repairs, purchase tax certificates, pay
14balances due on land contracts, or pay or cause to be satisfied
15any prior liens on the property to which the lien hereunder
16applies.
17    (h) A lien on real property under this Section shall be
18released pursuant to Section 12-101 of the Code of Civil
19Procedure.
20    (i) The Illinois Department, acting in behalf of the State,
21may foreclose the lien in a judicial proceeding to the same
22extent and in the same manner as in the enforcement of other
23liens. The process, practice, and procedure for the foreclosure
24shall be the same as provided in the Code of Civil Procedure.
25(Source: P.A. 97-186, eff. 7-22-11.)
 

 

 

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1    (305 ILCS 5/10-25.5)
2    Sec. 10-25.5. Administrative liens and levies on personal
3property for past-due child support.
4    (a) Notwithstanding any other State or local law to the
5contrary, the State shall have a lien on all legal and
6equitable interests of responsible relatives in their personal
7property, including any account in a financial institution as
8defined in Section 10-24, or in the case of an insurance
9company or benefit association only in accounts as defined in
10Section 10-24, in the amount of past-due child support owing
11pursuant to an order for child support entered under Sections
1210-10 and 10-11 of this Code, or under the Illinois Marriage
13and Dissolution of Marriage Act, the Non-Support of Spouse and
14Children Act, the Non-Support Punishment Act, the Uniform
15Interstate Family Support Act, or the Illinois Parentage Act of
161984, or the Illinois Parentage Act of 2013.
17    (b) The Illinois Department shall provide by rule for
18notice to and an opportunity to be heard by each responsible
19relative affected, and any final administrative decision
20rendered by the Illinois Department shall be reviewed only
21under and in accordance with the Administrative Review Law.
22    (c) When enforcing a lien under subsection (a) of this
23Section, the Illinois Department shall have the authority to
24execute notices of administrative liens and levies, which shall
25contain the name and address of the responsible relative, a
26description of the property to be levied, the fact that a lien

 

 

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1is being claimed for past-due child support, and such other
2information as the Illinois Department may by rule prescribe.
3The Illinois Department may serve the notice of lien or levy
4upon any financial institution where the accounts as defined in
5Section 10-24 of the responsible relative may be held, for
6encumbrance or surrender of the accounts as defined in Section
710-24 by the financial institution.
8    (d) The Illinois Department shall enforce its lien against
9the responsible relative's personal property, other than
10accounts as defined in Section 10-24 in financial institutions,
11and levy upon such personal property in the manner provided for
12enforcement of judgments contained in Article XII of the Code
13of Civil Procedure.
14    (e) The Illinois Department shall not be required to
15furnish bond or make a deposit for or pay any costs or fees of
16any court or officer thereof in any legal proceeding involving
17the lien.
18    (f) To protect the lien of the State for past-due child
19support, the Illinois Department may, from funds that are
20available for that purpose, pay or provide for the payment of
21necessary or essential repairs, purchase tax certificates, or
22pay or cause to be satisfied any prior liens on the property to
23which the lien hereunder applies.
24    (g) A lien on personal property under this Section shall be
25released in the manner provided under Article XII of the Code
26of Civil Procedure. Notwithstanding the foregoing, a lien under

 

 

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1this Section on accounts as defined in Section 10-24 shall
2expire upon the passage of 120 days from the date of issuance
3of the Notice of Lien or Levy by the Illinois Department.
4However, the lien shall remain in effect during the pendency of
5any appeal or protest.
6    (h) A lien created under this Section is subordinate to any
7prior lien of the financial institution or any prior lien
8holder or any prior right of set-off that the financial
9institution may have against the assets, or in the case of an
10insurance company or benefit association only in the accounts
11as defined in Section 10-24.
12    (i) A financial institution has no obligation under this
13Section to hold, encumber, or surrender the assets, or in the
14case of an insurance company or benefit association only the
15accounts as defined in Section 10-24, until the financial
16institution has been properly served with a subpoena, summons,
17warrant, court or administrative order, or administrative lien
18and levy requiring that action.
19(Source: P.A. 97-186, eff. 7-22-11.)
 
20    (305 ILCS 5/10-27)
21    Sec. 10-27. State Case Registry.
22    (a) The Illinois Department shall establish an automated
23State Case Registry to contain records concerning child support
24orders for parties receiving child support enforcement
25services under this Article X, and for all child support orders

 

 

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1entered or modified on or after October 1, 1998. The State Case
2Registry shall include (i) the information filed with the
3Illinois Department, or filed with the clerk of the circuit
4court and provided to the Illinois Department, under the
5provisions of Sections 10-10.5 and 10-11.2 of this Code,
6Section 505.3 of the Illinois Marriage and Dissolution of
7Marriage Act, Section 30 of the Non-Support Punishment Act, and
8Section 803 of the Illinois Parentage Act of 2013, and Section
914.1 of the Illinois Parentage Act of 1984, and (ii) any other
10information required under Title IV, Part D of the Social
11Security Act or by the federal Department of Health and Human
12Services.
13    (b) (Blank).
14    (c) The Illinois Department shall maintain the following
15payment information on child support orders for parties
16receiving child support enforcement services under this
17Article X:
18        (1) the amount of monthly or other periodic support
19    owed under the order and other amounts, including
20    arrearages, interest or late payment penalties, and fees,
21    due or overdue under the order;
22        (2) any amounts described in subdivision (1) of
23    subsection (d) that have been collected;
24        (3) the distribution of the collected amounts; and
25        (4) the amount of any lien imposed with respect to the
26    order pursuant to Section 10-25 or Section 10-25.5 of this

 

 

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1    Code.
2    (d) The Illinois Department shall establish, update,
3maintain, and monitor case records in the Registry of parties
4receiving child support enforcement services under this
5Article X, on the bases of:
6        (1) information on administrative actions and
7    administrative and judicial proceedings and orders
8    relating to paternity and support;
9        (2) information obtained from comparison with federal,
10    State, and local sources of information;
11        (3) information on support collections and
12    distribution; and
13        (4) any other relevant information.
14    (e) The Illinois Department shall use the automated State
15Case Registry to share and compare information with, and
16receive information from, other data bases and information
17comparison services in order to obtain (or provide) information
18necessary to enable the Illinois Department (or the federal
19Department of Health and Human Services or other State or
20federal agencies) to carry out the requirements of the child
21support enforcement program established under Title IV, Part D
22of the Social Security Act. Such information comparison
23activities shall include the following:
24        (1) Furnishing to the Federal Case Registry of Child
25    Support Orders (and updating as necessary, with
26    information including notice of expiration of orders) the

 

 

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1    information specified by the federal Department of Health
2    and Human Services in regulations.
3        (2) Exchanging information with the Federal Parent
4    Locator Service for the purposes specified in Section 453
5    of the Social Security Act.
6        (3) Exchanging information with State agencies (of
7    this State and of other states) administering programs
8    funded under Title IV, Part A and Title XIX of the Social
9    Security Act and other programs designated by the federal
10    Department of Health and Human Services, as necessary to
11    perform responsibilities under Title IV, Part D of the
12    Social Security Act and under such other programs.
13        (4) Exchanging information with other agencies of this
14    State, agencies of other states, and interstate
15    information networks, as necessary and appropriate to
16    carry out (or assist other states to carry out) the
17    purposes of Title IV, Part D of the Social Security Act.
18        (5) Disclosing information to any other entities as
19    required under Title IV, Part D of the Social Security Act.
20    (f) The Illinois Department shall adopt rules establishing
21safeguards, applicable to all confidential information
22included in the State Case Registry, that are designed to
23protect the privacy rights of persons concerning whom
24information is on record in the State Case Registry. Such
25safeguards shall include, but not be limited to the following:
26        (1) Prohibitions against the release of information on

 

 

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1    the whereabouts of one party or the child to another party
2    against whom a protective order with respect to the former
3    party or the child has been entered.
4        (2) Prohibitions against the release of information on
5    the whereabouts of one party or the child to another party
6    if the Illinois Department has reasonable evidence of
7    domestic violence or child abuse (that is, allegations of
8    domestic violence or child abuse, unless the Illinois
9    Department has an independent, reasonable basis to find the
10    person making the allegation not credible) to the former
11    party or child by the party requesting information.
12        (3) Prohibitions against the release of information on
13    the whereabouts of one party or the child to another person
14    if the Illinois Department has reason to believe the
15    release of information to that person may result in
16    physical or emotional harm to the party or child.
17(Source: P.A. 92-463, eff. 8-22-01.)
 
18    (305 ILCS 5/12-4.7c)
19    Sec. 12-4.7c. Exchange of information after July 1, 1997.
20    (a) The Department of Human Services shall exchange with
21the Department of Healthcare and Family Services information
22that may be necessary for the enforcement of child support
23orders entered pursuant to Sections 10-10 and 10-11 of this
24Code or pursuant to the Illinois Marriage and Dissolution of
25Marriage Act, the Non-Support of Spouse and Children Act, the

 

 

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1Non-Support Punishment Act, the Revised Uniform Reciprocal
2Enforcement of Support Act, the Uniform Interstate Family
3Support Act, or the Illinois Parentage Act of 1984, or the
4Illinois Parentage Act of 2013.
5    (b) Notwithstanding any provisions in this Code to the
6contrary, the Department of Human Services shall not be liable
7to any person for any disclosure of information to the
8Department of Healthcare and Family Services (formerly
9Illinois Department of Public Aid) under subsection (a) or for
10any other action taken in good faith to comply with the
11requirements of subsection (a).
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    Section 957. The Genetic Information Privacy Act is amended
14by changing Sections 22 and 30 as follows:
 
15    (410 ILCS 513/22)
16    Sec. 22. Tests to determine inherited characteristics in
17paternity proceedings. Nothing in this Act shall be construed
18to affect or restrict in any way the ordering of or use of
19results from deoxyribonucleic acid (DNA) testing or other tests
20to determine inherited characteristics by the court in a
21judicial proceeding under the Illinois Parentage Act of 1984 or
22under the Illinois Parentage Act of 2013 on and after the
23effective date of that Act or by the Department of Healthcare
24and Family Services in an administrative paternity proceeding

 

 

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1under Article X of the Illinois Public Aid Code and rules
2promulgated under that Article.
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    (410 ILCS 513/30)
5    Sec. 30. Disclosure of person tested and test results.
6    (a) No person may disclose or be compelled to disclose the
7identity of any person upon whom a genetic test is performed or
8the results of a genetic test in a manner that permits
9identification of the subject of the test, except to the
10following persons:
11        (1) The subject of the test or the subject's legally
12    authorized representative. This paragraph does not create
13    a duty or obligation under which a health care provider
14    must notify the subject's spouse or legal guardian of the
15    test results, and no such duty or obligation shall be
16    implied. No civil liability or criminal sanction under this
17    Act shall be imposed for any disclosure or nondisclosure of
18    a test result to a spouse by a physician acting in good
19    faith under this paragraph. For the purpose of any
20    proceedings, civil or criminal, the good faith of any
21    physician acting under this paragraph shall be presumed.
22        (2) Any person designated in a specific written legally
23    effective release of the test results executed by the
24    subject of the test or the subject's legally authorized
25    representative.

 

 

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1        (3) An authorized agent or employee of a health
2    facility or health care provider if the health facility or
3    health care provider itself is authorized to obtain the
4    test results, the agent or employee provides patient care,
5    and the agent or employee has a need to know the
6    information in order to conduct the tests or provide care
7    or treatment.
8        (4) A health facility or health care provider that
9    procures, processes, distributes, or uses:
10            (A) a human body part from a deceased person with
11        respect to medical information regarding that person;
12        or
13            (B) semen provided prior to the effective date of
14        this Act for the purpose of artificial insemination.
15        (5) Health facility staff committees for the purposes
16    of conducting program monitoring, program evaluation, or
17    service reviews.
18        (6) In the case of a minor under 18 years of age, the
19    health care provider who ordered the test shall make a
20    reasonable effort to notify the minor's parent or legal
21    guardian if, in the professional judgment of the health
22    care provider, notification would be in the best interest
23    of the minor and the health care provider has first sought
24    unsuccessfully to persuade the minor to notify the parent
25    or legal guardian or after a reasonable time after the
26    minor has agreed to notify the parent or legal guardian,

 

 

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1    the health care provider has reason to believe that the
2    minor has not made the notification. This paragraph shall
3    not create a duty or obligation under which a health care
4    provider must notify the minor's parent or legal guardian
5    of the test results, nor shall a duty or obligation be
6    implied. No civil liability or criminal sanction under this
7    Act shall be imposed for any notification or
8    non-notification of a minor's test result by a health care
9    provider acting in good faith under this paragraph. For the
10    purpose of any proceeding, civil or criminal, the good
11    faith of any health care provider acting under this
12    paragraph shall be presumed.
13        (7) All information and records held by a State agency
14    or local health authority pertaining to genetic
15    information shall be strictly confidential and exempt from
16    copying and inspection under the Freedom of Information
17    Act. The information and records shall not be released or
18    made public by the State agency or local health authority
19    and shall not be admissible as evidence nor discoverable in
20    any action of any kind in any court or before any tribunal,
21    board, agency, or person and shall be treated in the same
22    manner as the information and those records subject to the
23    provisions of Part 21 of Article VIII of the Code of Civil
24    Procedure except under the following circumstances:
25            (A) when made with the written consent of all
26        persons to whom the information pertains;

 

 

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1            (B) when authorized by Section 5-4-3 of the Unified
2        Code of Corrections;
3            (C) when made for the sole purpose of implementing
4        the Newborn Metabolic Screening Act and rules; or
5            (D) when made under the authorization of the
6        Illinois Parentage Act of 2013 1984.
7    Disclosure shall be limited to those who have a need to
8know the information, and no additional disclosures may be
9made.
10    (b) Disclosure by an insurer in accordance with the
11requirements of the Article XL of the Illinois Insurance Code
12shall be deemed compliance with this Section.
13(Source: P.A. 96-328, eff. 8-11-09.)
 
14    Section 958. The Vital Records Act is amended by changing
15Sections 12 and 24 as follows:
 
16    (410 ILCS 535/12)
17    Sec. 12. Live births; place of registration.
18    (1) Each live birth which occurs in this State shall be
19registered with the local or subregistrar of the district in
20which the birth occurred as provided in this Section, within 7
21days after the birth. When a birth occurs on a moving
22conveyance, the city, village, township, or road district in
23which the child is first removed from the conveyance shall be
24considered the place of birth and a birth certificate shall be

 

 

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

 

 

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

 

 

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1    the child is not the biological father, the acknowledgment
2    of parentage and denial of paternity conclusively
3    establishes a parent and child relationship in accordance
4    with Sections 5 and 6 of the Illinois Parentage Act of 1984
5    and with the Illinois Parentage Act of 2013 on and after
6    the effective date of that Act.
7        The Department of Healthcare and Family Services shall
8    furnish the acknowledgment of parentage and denial of
9    paternity form to institutions, county clerks, and State
10    and local registrars' offices. The form shall include
11    instructions to send the original signed and witnessed
12    acknowledgment of parentage and denial of paternity to the
13    Department of Healthcare and Family Services. The
14    acknowledgement of paternity and denial of paternity form
15    shall also include a statement informing the mother, the
16    alleged father, and the presumed father, if any, that they
17    have the right to request deoxyribonucleic acid (DNA) tests
18    regarding the issue of the child's paternity and that by
19    signing the form, they expressly waive such tests. The
20    statement shall be set forth in bold-face capital letters
21    not less than 0.25 inches in height.
22        (b) Provide the following documents, furnished by the
23    Department of Healthcare and Family Services, to the
24    child's mother, biological father, and (if the person
25    presumed to be the child's father is not the biological
26    father) presumed father for their review at the time the

 

 

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1    opportunity is provided to establish a parent and child
2    relationship:
3            (i) An explanation of the implications of,
4        alternatives to, legal consequences of, and the rights
5        and responsibilities that arise from signing an
6        acknowledgment of parentage and, if necessary, a
7        denial of paternity, including an explanation of the
8        parental rights and responsibilities of child support,
9        visitation, custody, retroactive support, health
10        insurance coverage, and payment of birth expenses.
11            (ii) An explanation of the benefits of having a
12        child's parentage established and the availability of
13        parentage establishment and child support enforcement
14        services.
15            (iii) A request for an application for child
16        support enforcement services from the Department of
17        Healthcare and Family Services.
18            (iv) Instructions concerning the opportunity to
19        speak, either by telephone or in person, with staff of
20        the Department of Healthcare and Family Services who
21        are trained to clarify information and answer
22        questions about paternity establishment.
23            (v) Instructions for completing and signing the
24        acknowledgment of parentage and denial of paternity.
25        (c) Provide an oral explanation of the documents and
26    instructions set forth in subdivision (5)(b), including an

 

 

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1    explanation of the implications of, alternatives to, legal
2    consequences of, and the rights and responsibilities that
3    arise from signing an acknowledgment of parentage and, if
4    necessary, a denial of paternity. The oral explanation may
5    be given in person or through the use of video or audio
6    equipment.
7    (6) The institution, State or local registrar, or county
8clerk shall provide an opportunity for the child's father or
9mother to sign a rescission of parentage. The signing and
10witnessing of the rescission of parentage voids the
11acknowledgment of parentage and nullifies the presumption of
12paternity if executed and filed with the Department of
13Healthcare and Family Services (formerly Illinois Department
14of Public Aid) within the time frame contained in Section 5 of
15the Illinois Parentage Act of 1984 or Section 307 of the
16Illinois Parentage Act of 2013 on and after the effective date
17of that Act. The Department of Healthcare and Family Services
18shall furnish the rescission of parentage form to institutions,
19county clerks, and State and local registrars' offices. The
20form shall include instructions to send the original signed and
21witnessed rescission of parentage to the Department of
22Healthcare and Family Services.
23    (7) An acknowledgment of paternity signed pursuant to
24Section 6 of the Illinois Parentage Act of 1984 or Section 302
25of the Illinois Parentage Act of 2013 on and after the
26effective date of that Act may be challenged in court only on

 

 

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1the basis of fraud, duress, or material mistake of fact, with
2the burden of proof upon the challenging party. Pending outcome
3of a challenge to the acknowledgment of paternity, the legal
4responsibilities of the signatories shall remain in full force
5and effect, except upon order of the court upon a showing of
6good cause.
7    (8) When the process for acknowledgment of parentage as
8provided for under subsection (5) establishes the paternity of
9a child whose certificate of birth is on file in another state,
10the Department of Healthcare and Family Services shall forward
11a copy of the acknowledgment of parentage, the denial of
12paternity, if applicable, and the rescission of parentage, if
13applicable, to the birth record agency of the state where the
14child's certificate of birth is on file.
15    (9) In the event the parent-child relationship has been
16established in accordance with subdivision (a)(1) of Section 6
17of the Parentage Act of 1984, the names of the biological
18mother and biological father so established shall be entered on
19the child's birth certificate, and the names of the surrogate
20mother and surrogate mother's husband, if any, shall not be on
21the birth certificate.
22(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
2396-474, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
24    (410 ILCS 535/24)  (from Ch. 111 1/2, par. 73-24)
25    Sec. 24. (1) To protect the integrity of vital records, to

 

 

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1insure their proper use, and to insure the efficient and proper
2administration of the vital records system, access to vital
3records, and indexes thereof, including vital records in the
4custody of local registrars and county clerks originating prior
5to January 1, 1916, is limited to the custodian and his
6employees, and then only for administrative purposes, except
7that the indexes of those records in the custody of local
8registrars and county clerks, originating prior to January 1,
91916, shall be made available to persons for the purpose of
10genealogical research. Original, photographic or
11microphotographic reproductions of original records of births
12100 years old and older and deaths 50 years old and older, and
13marriage records 75 years old and older on file in the State
14Office of Vital Records and in the custody of the county clerks
15may be made available for inspection in the Illinois State
16Archives reference area, Illinois Regional Archives
17Depositories, and other libraries approved by the Illinois
18State Registrar and the Director of the Illinois State
19Archives, provided that the photographic or microphotographic
20copies are made at no cost to the county or to the State of
21Illinois. It is unlawful for any custodian to permit inspection
22of, or to disclose information contained in, vital records, or
23to copy or permit to be copied, all or part of any such record
24except as authorized by this Act or regulations adopted
25pursuant thereto.
26    (2) The State Registrar of Vital Records, or his agent, and

 

 

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1any municipal, county, multi-county, public health district,
2or regional health officer recognized by the Department may
3examine vital records for the purpose only of carrying out the
4public health programs and responsibilities under his
5jurisdiction.
6    (3) The State Registrar of Vital Records, may disclose, or
7authorize the disclosure of, data contained in the vital
8records when deemed essential for bona fide research purposes
9which are not for private gain.
10    This amendatory Act of 1973 does not apply to any home rule
11unit.
12    (4) The State Registrar shall exchange with the Department
13of Healthcare and Family Services information that may be
14necessary for the establishment of paternity and the
15establishment, modification, and enforcement of child support
16orders entered pursuant to the Illinois Public Aid Code, the
17Illinois Marriage and Dissolution of Marriage Act, the
18Non-Support of Spouse and Children Act, the Non-Support
19Punishment Act, the Revised Uniform Reciprocal Enforcement of
20Support Act, the Uniform Interstate Family Support Act, or the
21Illinois Parentage Act of 1984, or the Illinois Parentage Act
22of 2013. Notwithstanding any provisions in this Act to the
23contrary, the State Registrar shall not be liable to any person
24for any disclosure of information to the Department of
25Healthcare and Family Services (formerly Illinois Department
26of Public Aid) under this subsection or for any other action

 

 

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

 

 

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1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    (625 ILCS 5/7-703)
3    Sec. 7-703. Courts to report non-payment of court ordered
4support or orders concerning driving privileges.
5    (a) The clerk of the circuit court, as provided in
6subsection (b) of Section 505 of the Illinois Marriage and
7Dissolution of Marriage Act or as provided in Section 15 of the
8Illinois Parentage Act of 2013 1984, shall forward to the
9Secretary of State, on a form prescribed by the Secretary, an
10authenticated document certifying the court's order suspending
11the driving privileges of the obligor. For any such
12certification, the clerk of the court shall charge the obligor
13a fee of $5 as provided in the Clerks of Courts Act.
14    (b) If an obligor has been adjudicated in arrears in court
15ordered child support payments in an amount equal to 90 days
16obligation or more but has not been held in contempt of court,
17the circuit court may order that the obligor's driving
18privileges be suspended. If the circuit court orders that the
19obligor's driving privileges be suspended, it shall forward to
20the Secretary of State, on a form prescribed by the Secretary,
21an authenticated document certifying the court's order
22suspending the driving privileges of the obligor. The
23authenticated document shall be forwarded to the Secretary of
24State by the court no later than 45 days after entry of the
25order suspending the obligor's driving privileges.

 

 

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1    (c) The clerk of the circuit court, as provided in
2subsection (c-1) of Section 607.1 of the Illinois Marriage and
3Dissolution of Marriage Act, shall forward to the Secretary of
4State, on a form prescribed by the Secretary, an authenticated
5document certifying the court's order suspending the driving
6privileges of the party. For any such certification, the clerk
7of the court shall charge the party a fee of $5 as provided in
8the Clerks of Courts Act.
9    (d) If a party has been adjudicated to have engaged in
10visitation abuse, the circuit court may order that the party's
11driving privileges be suspended. If the circuit court orders
12that the party's driving privileges be suspended, it shall
13forward to the Secretary of State, on a form prescribed by the
14Secretary, an authenticated document certifying the court's
15order suspending the driving privileges of the party. The
16authenticated document shall be forwarded to the Secretary of
17State by the court no later than 45 days after entry of the
18order suspending the party's driving privileges.
19(Source: P.A. 97-1047, eff. 8-21-12.)
 
20    Section 960. The Clerks of Courts Act is amended by
21changing Section 27.1a as follows:
 
22    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
23    Sec. 27.1a. The fees of the clerks of the circuit court in
24all counties having a population of not more than 500,000

 

 

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1inhabitants in the instances described in this Section shall be
2as provided in this Section. In those instances where a minimum
3and maximum fee is stated, the clerk of the circuit court must
4charge the minimum fee listed and may charge up to the maximum
5fee if the county board has by resolution increased the fee.
6The fees shall be paid in advance and shall be as follows:
7(a) Civil Cases.
8        The fee for filing a complaint, petition, or other
9    pleading initiating a civil action, with the following
10    exceptions, shall be a minimum of $40 and a maximum of
11    $160.
12            (A) When the amount of money or damages or the
13        value of personal property claimed does not exceed
14        $250, $10.
15            (B) When that amount exceeds $250 but does not
16        exceed $500, a minimum of $10 and a maximum of $20.
17            (C) When that amount exceeds $500 but does not
18        exceed $2500, a minimum of $25 and a maximum of $40.
19            (D) When that amount exceeds $2500 but does not
20        exceed $15,000, a minimum of $25 and a maximum of $75.
21            (E) For the exercise of eminent domain, a minimum
22        of $45 and a maximum of $150. For each additional lot
23        or tract of land or right or interest therein subject
24        to be condemned, the damages in respect to which shall
25        require separate assessment by a jury, a minimum of $45
26        and a maximum of $150.

 

 

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1(a-1) Family.
2        For filing a petition under the Juvenile Court Act of
3    1987, $25.
4        For filing a petition for a marriage license, $10.
5        For performing a marriage in court, $10.
6        For filing a petition under the Illinois Parentage Act
7    of 2013 1984, $40.
8(b) Forcible Entry and Detainer.
9        In each forcible entry and detainer case when the
10    plaintiff seeks possession only or unites with his or her
11    claim for possession of the property a claim for rent or
12    damages or both in the amount of $15,000 or less, a minimum
13    of $10 and a maximum of $50. When the plaintiff unites his
14    or her claim for possession with a claim for rent or
15    damages or both exceeding $15,000, a minimum of $40 and a
16    maximum of $160.
17(c) Counterclaim or Joining Third Party Defendant.
18        When any defendant files a counterclaim as part of his
19    or her answer or otherwise or joins another party as a
20    third party defendant, or both, the defendant shall pay a
21    fee for each counterclaim or third party action in an
22    amount equal to the fee he or she would have had to pay had
23    he or she brought a separate action for the relief sought
24    in the counterclaim or against the third party defendant,
25    less the amount of the appearance fee, if that has been
26    paid.

 

 

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1(d) Confession of Judgment.
2        In a confession of judgment when the amount does not
3    exceed $1500, a minimum of $20 and a maximum of $50. When
4    the amount exceeds $1500, but does not exceed $15,000, a
5    minimum of $40 and a maximum of $115. When the amount
6    exceeds $15,000, a minimum of $40 and a maximum of $200.
7(e) Appearance.
8        The fee for filing an appearance in each civil case
9    shall be a minimum of $15 and a maximum of $60, except as
10    follows:
11            (A) When the plaintiff in a forcible entry and
12        detainer case seeks possession only, a minimum of $10
13        and a maximum of $50.
14            (B) When the amount in the case does not exceed
15        $1500, a minimum of $10 and a maximum of $30.
16            (C) When that amount exceeds $1500 but does not
17        exceed $15,000, a minimum of $15 and a maximum of $60.
18(f) Garnishment, Wage Deduction, and Citation.
19        In garnishment affidavit, wage deduction affidavit,
20    and citation petition when the amount does not exceed
21    $1,000, a minimum of $5 and a maximum of $15; when the
22    amount exceeds $1,000 but does not exceed $5,000, a minimum
23    of $5 and a maximum of $30; and when the amount exceeds
24    $5,000, a minimum of $5 and a maximum of $50.
25(g) Petition to Vacate or Modify.
26        (1) Petition to vacate or modify any final judgment or

 

 

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1    order of court, except in forcible entry and detainer cases
2    and small claims cases or a petition to reopen an estate,
3    to modify, terminate, or enforce a judgment or order for
4    child or spousal support, or to modify, suspend, or
5    terminate an order for withholding, if filed before 30 days
6    after the entry of the judgment or order, a minimum of $20
7    and a maximum of $50.
8        (2) Petition to vacate or modify any final judgment or
9    order of court, except a petition to modify, terminate, or
10    enforce a judgment or order for child or spousal support or
11    to modify, suspend, or terminate an order for withholding,
12    if filed later than 30 days after the entry of the judgment
13    or order, a minimum of $20 and a maximum of $75.
14        (3) Petition to vacate order of bond forfeiture, a
15    minimum of $10 and a maximum of $40.
16(h) Mailing.
17        When the clerk is required to mail, the fee will be a
18    minimum of $2 and a maximum of $10, plus the cost of
19    postage.
20(i) Certified Copies.
21        Each certified copy of a judgment after the first,
22    except in small claims and forcible entry and detainer
23    cases, a minimum of $2 and a maximum of $10.
24(j) Habeas Corpus.
25        For filing a petition for relief by habeas corpus, a
26    minimum of $60 and a maximum of $100.

 

 

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1(k) Certification, Authentication, and Reproduction.
2        (1) Each certification or authentication for taking
3    the acknowledgment of a deed or other instrument in writing
4    with the seal of office, a minimum of $2 and a maximum of
5    $6.
6        (2) Court appeals when original documents are
7    forwarded, under 100 pages, plus delivery and costs, a
8    minimum of $20 and a maximum of $60.
9        (3) Court appeals when original documents are
10    forwarded, over 100 pages, plus delivery and costs, a
11    minimum of $50 and a maximum of $150.
12        (4) Court appeals when original documents are
13    forwarded, over 200 pages, an additional fee of a minimum
14    of 20 cents and a maximum of 25 cents per page.
15        (5) For reproduction of any document contained in the
16    clerk's files:
17            (A) First page, a minimum of $1 and a maximum of
18        $2.
19            (B) Next 19 pages, 50 cents per page.
20            (C) All remaining pages, 25 cents per page.
21(l) Remands.
22        In any cases remanded to the Circuit Court from the
23    Supreme Court or the Appellate Court for a new trial, the
24    clerk shall file the remanding order and reinstate the case
25    with either its original number or a new number. The Clerk
26    shall not charge any new or additional fee for the

 

 

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1    reinstatement. Upon reinstatement the Clerk shall advise
2    the parties of the reinstatement. A party shall have the
3    same right to a jury trial on remand and reinstatement as
4    he or she had before the appeal, and no additional or new
5    fee or charge shall be made for a jury trial after remand.
6(m) Record Search.
7        For each record search, within a division or municipal
8    district, the clerk shall be entitled to a search fee of a
9    minimum of $4 and a maximum of $6 for each year searched.
10(n) Hard Copy.
11        For each page of hard copy print output, when case
12    records are maintained on an automated medium, the clerk
13    shall be entitled to a fee of a minimum of $4 and a maximum
14    of $6.
15(o) Index Inquiry and Other Records.
16        No fee shall be charged for a single
17    plaintiff/defendant index inquiry or single case record
18    inquiry when this request is made in person and the records
19    are maintained in a current automated medium, and when no
20    hard copy print output is requested. The fees to be charged
21    for management records, multiple case records, and
22    multiple journal records may be specified by the Chief
23    Judge pursuant to the guidelines for access and
24    dissemination of information approved by the Supreme
25    Court.
26(p) (Blank).

 

 

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1(q) Alias Summons.
2        For each alias summons or citation issued by the clerk,
3    a minimum of $2 and a maximum of $5.
4(r) Other Fees.
5        Any fees not covered in this Section shall be set by
6    rule or administrative order of the Circuit Court with the
7    approval of the Administrative Office of the Illinois
8    Courts.
9        The clerk of the circuit court may provide additional
10    services for which there is no fee specified by statute in
11    connection with the operation of the clerk's office as may
12    be requested by the public and agreed to by the clerk and
13    approved by the chief judge of the circuit court. Any
14    charges for additional services shall be as agreed to
15    between the clerk and the party making the request and
16    approved by the chief judge of the circuit court. Nothing
17    in this subsection shall be construed to require any clerk
18    to provide any service not otherwise required by law.
19(s) Jury Services.
20        The clerk shall be entitled to receive, in addition to
21    other fees allowed by law, the sum of a minimum of $62.50
22    and a maximum of $212.50, as a fee for the services of a
23    jury in every civil action not quasi-criminal in its nature
24    and not a proceeding for the exercise of the right of
25    eminent domain and in every other action wherein the right
26    of trial by jury is or may be given by law. The jury fee

 

 

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1    shall be paid by the party demanding a jury at the time of
2    filing the jury demand. If the fee is not paid by either
3    party, no jury shall be called in the action or proceeding,
4    and the same shall be tried by the court without a jury.
5(t) Voluntary Assignment.
6        For filing each deed of voluntary assignment, a minimum
7    of $10 and a maximum of $20; for recording the same, a
8    minimum of 25 cents and a maximum of 50 cents for each 100
9    words. Exceptions filed to claims presented to an assignee
10    of a debtor who has made a voluntary assignment for the
11    benefit of creditors shall be considered and treated, for
12    the purpose of taxing costs therein, as actions in which
13    the party or parties filing the exceptions shall be
14    considered as party or parties plaintiff, and the claimant
15    or claimants as party or parties defendant, and those
16    parties respectively shall pay to the clerk the same fees
17    as provided by this Section to be paid in other actions.
18(u) Expungement Petition.
19        The clerk shall be entitled to receive a fee of a
20    minimum of $15 and a maximum of $60 for each expungement
21    petition filed and an additional fee of a minimum of $2 and
22    a maximum of $4 for each certified copy of an order to
23    expunge arrest records.
24(v) Probate.
25        The clerk is entitled to receive the fees specified in
26    this subsection (v), which shall be paid in advance, except

 

 

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1    that, for good cause shown, the court may suspend, reduce,
2    or release the costs payable under this subsection:
3        (1) For administration of the estate of a decedent
4    (whether testate or intestate) or of a missing person, a
5    minimum of $50 and a maximum of $150, plus the fees
6    specified in subsection (v)(3), except:
7            (A) When the value of the real and personal
8        property does not exceed $15,000, the fee shall be a
9        minimum of $25 and a maximum of $40.
10            (B) When (i) proof of heirship alone is made, (ii)
11        a domestic or foreign will is admitted to probate
12        without administration (including proof of heirship),
13        or (iii) letters of office are issued for a particular
14        purpose without administration of the estate, the fee
15        shall be a minimum of $10 and a maximum of $40.
16            (C) For filing a petition to sell Real Estate, $50.
17        (2) For administration of the estate of a ward, a
18    minimum of $50 and a maximum of $75, plus the fees
19    specified in subsection (v)(3), except:
20            (A) When the value of the real and personal
21        property does not exceed $15,000, the fee shall be a
22        minimum of $25 and a maximum of $40.
23            (B) When (i) letters of office are issued to a
24        guardian of the person or persons, but not of the
25        estate or (ii) letters of office are issued in the
26        estate of a ward without administration of the estate,

 

 

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1        including filing or joining in the filing of a tax
2        return or releasing a mortgage or consenting to the
3        marriage of the ward, the fee shall be a minimum of $10
4        and a maximum of $20.
5            (C) For filing a Petition to sell Real Estate, $50.
6        (3) In addition to the fees payable under subsection
7    (v)(1) or (v)(2) of this Section, the following fees are
8    payable:
9            (A) For each account (other than one final account)
10        filed in the estate of a decedent, or ward, a minimum
11        of $10 and a maximum of $25.
12            (B) For filing a claim in an estate when the amount
13        claimed is $150 or more but less than $500, a minimum
14        of $10 and a maximum of $25; when the amount claimed is
15        $500 or more but less than $10,000, a minimum of $10
16        and a maximum of $40; when the amount claimed is
17        $10,000 or more, a minimum of $10 and a maximum of $60;
18        provided that the court in allowing a claim may add to
19        the amount allowed the filing fee paid by the claimant.
20            (C) For filing in an estate a claim, petition, or
21        supplemental proceeding based upon an action seeking
22        equitable relief including the construction or contest
23        of a will, enforcement of a contract to make a will,
24        and proceedings involving testamentary trusts or the
25        appointment of testamentary trustees, a minimum of $40
26        and a maximum of $60.

 

 

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1            (D) For filing in an estate (i) the appearance of
2        any person for the purpose of consent or (ii) the
3        appearance of an executor, administrator,
4        administrator to collect, guardian, guardian ad litem,
5        or special administrator, no fee.
6            (E) Except as provided in subsection (v)(3)(D),
7        for filing the appearance of any person or persons, a
8        minimum of $10 and a maximum of $30.
9            (F) For each jury demand, a minimum of $62.50 and a
10        maximum of $137.50.
11            (G) For disposition of the collection of a judgment
12        or settlement of an action or claim for wrongful death
13        of a decedent or of any cause of action of a ward, when
14        there is no other administration of the estate, a
15        minimum of $30 and a maximum of $50, less any amount
16        paid under subsection (v)(1)(B) or (v)(2)(B) except
17        that if the amount involved does not exceed $5,000, the
18        fee, including any amount paid under subsection
19        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
20        maximum of $20.
21            (H) For each certified copy of letters of office,
22        of court order or other certification, a minimum of $1
23        and a maximum of $2, plus a minimum of 50 cents and a
24        maximum of $1 per page in excess of 3 pages for the
25        document certified.
26            (I) For each exemplification, a minimum of $1 and a

 

 

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1        maximum of $2, plus the fee for certification.
2        (4) The executor, administrator, guardian, petitioner,
3    or other interested person or his or her attorney shall pay
4    the cost of publication by the clerk directly to the
5    newspaper.
6        (5) The person on whose behalf a charge is incurred for
7    witness, court reporter, appraiser, or other miscellaneous
8    fee shall pay the same directly to the person entitled
9    thereto.
10        (6) The executor, administrator, guardian, petitioner,
11    or other interested person or his or her attorney shall pay
12    to the clerk all postage charges incurred by the clerk in
13    mailing petitions, orders, notices, or other documents
14    pursuant to the provisions of the Probate Act of 1975.
15(w) Criminal and Quasi-Criminal Costs and Fees.
16        (1) The clerk shall be entitled to costs in all
17    criminal and quasi-criminal cases from each person
18    convicted or sentenced to supervision therein as follows:
19            (A) Felony complaints, a minimum of $40 and a
20        maximum of $100.
21            (B) Misdemeanor complaints, a minimum of $25 and a
22        maximum of $75.
23            (C) Business offense complaints, a minimum of $25
24        and a maximum of $75.
25            (D) Petty offense complaints, a minimum of $25 and
26        a maximum of $75.

 

 

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1            (E) Minor traffic or ordinance violations, $10.
2            (F) When court appearance required, $15.
3            (G) Motions to vacate or amend final orders, a
4        minimum of $20 and a maximum of $40.
5            (H) Motions to vacate bond forfeiture orders, a
6        minimum of $20 and a maximum of $40.
7            (I) Motions to vacate ex parte judgments, whenever
8        filed, a minimum of $20 and a maximum of $40.
9            (J) Motions to vacate judgment on forfeitures,
10        whenever filed, a minimum of $20 and a maximum of $40.
11            (K) Motions to vacate "failure to appear" or
12        "failure to comply" notices sent to the Secretary of
13        State, a minimum of $20 and a maximum of $40.
14        (2) In counties having a population of not more than
15    500,000 inhabitants, when the violation complaint is
16    issued by a municipal police department, the clerk shall be
17    entitled to costs from each person convicted therein as
18    follows:
19            (A) Minor traffic or ordinance violations, $10.
20            (B) When court appearance required, $15.
21        (3) In ordinance violation cases punishable by fine
22    only, the clerk of the circuit court shall be entitled to
23    receive, unless the fee is excused upon a finding by the
24    court that the defendant is indigent, in addition to other
25    fees or costs allowed or imposed by law, the sum of a
26    minimum of $62.50 and a maximum of $137.50 as a fee for the

 

 

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1    services of a jury. The jury fee shall be paid by the
2    defendant at the time of filing his or her jury demand. If
3    the fee is not so paid by the defendant, no jury shall be
4    called, and the case shall be tried by the court without a
5    jury.
6(x) Transcripts of Judgment.
7        For the filing of a transcript of judgment, the clerk
8    shall be entitled to the same fee as if it were the
9    commencement of a new suit.
10(y) Change of Venue.
11        (1) For the filing of a change of case on a change of
12    venue, the clerk shall be entitled to the same fee as if it
13    were the commencement of a new suit.
14        (2) The fee for the preparation and certification of a
15    record on a change of venue to another jurisdiction, when
16    original documents are forwarded, a minimum of $10 and a
17    maximum of $40.
18(z) Tax objection complaints.
19        For each tax objection complaint containing one or more
20    tax objections, regardless of the number of parcels
21    involved or the number of taxpayers joining on the
22    complaint, a minimum of $10 and a maximum of $50.
23(aa) Tax Deeds.
24        (1) Petition for tax deed, if only one parcel is
25    involved, a minimum of $45 and a maximum of $200.
26        (2) For each additional parcel, add a fee of a minimum

 

 

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1    of $10 and a maximum of $60.
2(bb) Collections.
3        (1) For all collections made of others, except the
4    State and county and except in maintenance or child support
5    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
6    of the amount collected and turned over.
7        (2) Interest earned on any funds held by the clerk
8    shall be turned over to the county general fund as an
9    earning of the office.
10        (3) For any check, draft, or other bank instrument
11    returned to the clerk for non-sufficient funds, account
12    closed, or payment stopped, $25.
13        (4) In child support and maintenance cases, the clerk,
14    if authorized by an ordinance of the county board, may
15    collect an annual fee of up to $36 from the person making
16    payment for maintaining child support records and the
17    processing of support orders to the State of Illinois KIDS
18    system and the recording of payments issued by the State
19    Disbursement Unit for the official record of the Court.
20    This fee shall be in addition to and separate from amounts
21    ordered to be paid as maintenance or child support and
22    shall be deposited into a Separate Maintenance and Child
23    Support Collection Fund, of which the clerk shall be the
24    custodian, ex-officio, to be used by the clerk to maintain
25    child support orders and record all payments issued by the
26    State Disbursement Unit for the official record of the

 

 

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1    Court. The clerk may recover from the person making the
2    maintenance or child support payment any additional cost
3    incurred in the collection of this annual fee.
4        The clerk shall also be entitled to a fee of $5 for
5    certifications made to the Secretary of State as provided
6    in Section 7-703 of the Family Financial Responsibility Law
7    and these fees shall also be deposited into the Separate
8    Maintenance and Child Support Collection Fund.
9(cc) Corrections of Numbers.
10        For correction of the case number, case title, or
11    attorney computer identification number, if required by
12    rule of court, on any document filed in the clerk's office,
13    to be charged against the party that filed the document, a
14    minimum of $10 and a maximum of $25.
15(dd) Exceptions.
16        (1) The fee requirements of this Section shall not
17    apply to police departments or other law enforcement
18    agencies. In this Section, "law enforcement agency" means
19    an agency of the State or a unit of local government which
20    is vested by law or ordinance with the duty to maintain
21    public order and to enforce criminal laws or ordinances.
22    "Law enforcement agency" also means the Attorney General or
23    any state's attorney.
24        (2) No fee provided herein shall be charged to any unit
25    of local government or school district.
26        (3) The fee requirements of this Section shall not

 

 

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1    apply to any action instituted under subsection (b) of
2    Section 11-31-1 of the Illinois Municipal Code by a private
3    owner or tenant of real property within 1200 feet of a
4    dangerous or unsafe building seeking an order compelling
5    the owner or owners of the building to take any of the
6    actions authorized under that subsection.
7        (4) The fee requirements of this Section shall not
8    apply to the filing of any commitment petition or petition
9    for an order authorizing the administration of
10    psychotropic medication or electroconvulsive therapy under
11    the Mental Health and Developmental Disabilities Code.
12(ee) Adoptions.
13        (1) For an adoption...............................$65
14        (2) Upon good cause shown, the court may waive the
15    adoption filing fee in a special needs adoption. The term
16    "special needs adoption" shall have the meaning ascribed to
17    it by the Illinois Department of Children and Family
18    Services.
19(ff) Adoption exemptions.
20        No fee other than that set forth in subsection (ee)
21    shall be charged to any person in connection with an
22    adoption proceeding nor may any fee be charged for
23    proceedings for the appointment of a confidential
24    intermediary under the Adoption Act.
25(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 

 

 

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1    Section 961. The Juvenile Court Act of 1987 is amended by
2changing Sections 1-3 and 6-9 as follows:
 
3    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
4    Sec. 1-3. Definitions. Terms used in this Act, unless the
5context otherwise requires, have the following meanings
6ascribed to them:
7    (1) "Adjudicatory hearing" means a hearing to determine
8whether the allegations of a petition under Section 2-13, 3-15
9or 4-12 that a minor under 18 years of age is abused, neglected
10or dependent, or requires authoritative intervention, or
11addicted, respectively, are supported by a preponderance of the
12evidence or whether the allegations of a petition under Section
135-520 that a minor is delinquent are proved beyond a reasonable
14doubt.
15    (2) "Adult" means a person 21 years of age or older.
16    (3) "Agency" means a public or private child care facility
17legally authorized or licensed by this State for placement or
18institutional care or for both placement and institutional
19care.
20    (4) "Association" means any organization, public or
21private, engaged in welfare functions which include services to
22or on behalf of children but does not include "agency" as
23herein defined.
24    (4.05) Whenever a "best interest" determination is
25required, the following factors shall be considered in the

 

 

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1context of the child's age and developmental needs:
2        (a) the physical safety and welfare of the child,
3    including food, shelter, health, and clothing;
4        (b) the development of the child's identity;
5        (c) the child's background and ties, including
6    familial, cultural, and religious;
7        (d) the child's sense of attachments, including:
8            (i) where the child actually feels love,
9        attachment, and a sense of being valued (as opposed to
10        where adults believe the child should feel such love,
11        attachment, and a sense of being valued);
12            (ii) the child's sense of security;
13            (iii) the child's sense of familiarity;
14            (iv) continuity of affection for the child;
15            (v) the least disruptive placement alternative for
16        the child;
17        (e) the child's wishes and long-term goals;
18        (f) the child's community ties, including church,
19    school, and friends;
20        (g) the child's need for permanence which includes the
21    child's need for stability and continuity of relationships
22    with parent figures and with siblings and other relatives;
23        (h) the uniqueness of every family and child;
24        (i) the risks attendant to entering and being in
25    substitute care; and
26        (j) the preferences of the persons available to care

 

 

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1    for the child.
2    (4.1) "Chronic truant" shall have the definition ascribed
3to it in Section 26-2a of the School Code.
4    (5) "Court" means the circuit court in a session or
5division assigned to hear proceedings under this Act.
6    (6) "Dispositional hearing" means a hearing to determine
7whether a minor should be adjudged to be a ward of the court,
8and to determine what order of disposition should be made in
9respect to a minor adjudged to be a ward of the court.
10    (7) "Emancipated minor" means any minor 16 years of age or
11over who has been completely or partially emancipated under the
12Emancipation of Minors Act or under this Act.
13    (8) "Guardianship of the person" of a minor means the duty
14and authority to act in the best interests of the minor,
15subject to residual parental rights and responsibilities, to
16make important decisions in matters having a permanent effect
17on the life and development of the minor and to be concerned
18with his or her general welfare. It includes but is not
19necessarily limited to:
20        (a) the authority to consent to marriage, to enlistment
21    in the armed forces of the United States, or to a major
22    medical, psychiatric, and surgical treatment; to represent
23    the minor in legal actions; and to make other decisions of
24    substantial legal significance concerning the minor;
25        (b) the authority and duty of reasonable visitation,
26    except to the extent that these have been limited in the

 

 

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1    best interests of the minor by court order;
2        (c) the rights and responsibilities of legal custody
3    except where legal custody has been vested in another
4    person or agency; and
5        (d) the power to consent to the adoption of the minor,
6    but only if expressly conferred on the guardian in
7    accordance with Section 2-29, 3-30, or 4-27.
8    (9) "Legal custody" means the relationship created by an
9order of court in the best interests of the minor which imposes
10on the custodian the responsibility of physical possession of a
11minor and the duty to protect, train and discipline him and to
12provide him with food, shelter, education and ordinary medical
13care, except as these are limited by residual parental rights
14and responsibilities and the rights and responsibilities of the
15guardian of the person, if any.
16    (9.1) "Mentally capable adult relative" means a person 21
17years of age or older who is not suffering from a mental
18illness that prevents him or her from providing the care
19necessary to safeguard the physical safety and welfare of a
20minor who is left in that person's care by the parent or
21parents or other person responsible for the minor's welfare.
22    (10) "Minor" means a person under the age of 21 years
23subject to this Act.
24    (11) "Parent" means the father or mother of a child and
25includes any adoptive parent. It also includes a man (i) whose
26paternity is presumed or has been established under the law of

 

 

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1this or another jurisdiction or (ii) who has registered with
2the Putative Father Registry in accordance with Section 12.1 of
3the Adoption Act and whose paternity has not been ruled out
4under the law of this or another jurisdiction. It does not
5include a parent whose rights in respect to the minor have been
6terminated in any manner provided by law. It does not include a
7person who has been or could be determined to be a parent under
8the Illinois Parentage Act of 1984 or the Illinois Parentage
9Act of 2013, or similar parentage law in any other state, if
10that person has been convicted of or pled nolo contendere to a
11crime that resulted in the conception of the child under
12Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
1312-14.1, subsection (a) or (b) (but not subsection (c)) of
14Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
15(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
16Criminal Code of 1961 or the Criminal Code of 2012, or similar
17statute in another jurisdiction unless upon motion of any
18party, other than the offender, to the juvenile court
19proceedings the court finds it is in the child's best interest
20to deem the offender a parent for purposes of the juvenile
21court proceedings.
22    (11.1) "Permanency goal" means a goal set by the court as
23defined in subdivision (2) of Section 2-28.
24    (11.2) "Permanency hearing" means a hearing to set the
25permanency goal and to review and determine (i) the
26appropriateness of the services contained in the plan and

 

 

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1whether those services have been provided, (ii) whether
2reasonable efforts have been made by all the parties to the
3service plan to achieve the goal, and (iii) whether the plan
4and goal have been achieved.
5    (12) "Petition" means the petition provided for in Section
62-13, 3-15, 4-12 or 5-520, including any supplemental petitions
7thereunder in Section 3-15, 4-12 or 5-520.
8    (12.1) "Physically capable adult relative" means a person
921 years of age or older who does not have a severe physical
10disability or medical condition, or is not suffering from
11alcoholism or drug addiction, that prevents him or her from
12providing the care necessary to safeguard the physical safety
13and welfare of a minor who is left in that person's care by the
14parent or parents or other person responsible for the minor's
15welfare.
16    (12.2) "Post Permanency Sibling Contact Agreement" has the
17meaning ascribed to the term in Section 7.4 of the Children and
18Family Services Act.
19    (13) "Residual parental rights and responsibilities" means
20those rights and responsibilities remaining with the parent
21after the transfer of legal custody or guardianship of the
22person, including, but not necessarily limited to, the right to
23reasonable visitation (which may be limited by the court in the
24best interests of the minor as provided in subsection (8)(b) of
25this Section), the right to consent to adoption, the right to
26determine the minor's religious affiliation, and the

 

 

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1responsibility for his support.
2    (14) "Shelter" means the temporary care of a minor in
3physically unrestricting facilities pending court disposition
4or execution of court order for placement.
5    (14.1) "Sibling Contact Support Plan" has the meaning
6ascribed to the term in Section 7.4 of the Children and Family
7Services Act.
8    (15) "Station adjustment" means the informal handling of an
9alleged offender by a juvenile police officer.
10    (16) "Ward of the court" means a minor who is so adjudged
11under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
12requisite jurisdictional facts, and thus is subject to the
13dispositional powers of the court under this Act.
14    (17) "Juvenile police officer" means a sworn police officer
15who has completed a Basic Recruit Training Course, has been
16assigned to the position of juvenile police officer by his or
17her chief law enforcement officer and has completed the
18necessary juvenile officers training as prescribed by the
19Illinois Law Enforcement Training Standards Board, or in the
20case of a State police officer, juvenile officer training
21approved by the Director of the Department of State Police.
22    (18) "Secure child care facility" means any child care
23facility licensed by the Department of Children and Family
24Services to provide secure living arrangements for children
25under 18 years of age who are subject to placement in
26facilities under the Children and Family Services Act and who

 

 

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1are not subject to placement in facilities for whom standards
2are established by the Department of Corrections under Section
33-15-2 of the Unified Code of Corrections. "Secure child care
4facility" also means a facility that is designed and operated
5to ensure that all entrances and exits from the facility, a
6building, or a distinct part of the building are under the
7exclusive control of the staff of the facility, whether or not
8the child has the freedom of movement within the perimeter of
9the facility, building, or distinct part of the building.
10(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11;
1197-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
 
12    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
13    Sec. 6-9. Enforcement of liability of parents and others.
14    (1) If parentage is at issue in any proceeding under this
15Act, other than cases involving those exceptions to the
16definition of parent set out in item (11) in Section 1-3, then
17the Illinois Parentage Act of 2013 1984 shall apply and the
18court shall enter orders consistent with that Act. If it
19appears at any hearing that a parent or any other person named
20in the petition, liable under the law for the support of the
21minor, is able to contribute to his or her support, the court
22shall enter an order requiring that parent or other person to
23pay the clerk of the court, or to the guardian or custodian
24appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
25reasonable sum from time to time for the care, support and

 

 

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1necessary special care or treatment, of the minor. If the court
2determines at any hearing that a parent or any other person
3named in the petition, liable under the law for the support of
4the minor, is able to contribute to help defray the costs
5associated with the minor's detention in a county or regional
6detention center, the court shall enter an order requiring that
7parent or other person to pay the clerk of the court a
8reasonable sum for the care and support of the minor. The court
9may require reasonable security for the payments. Upon failure
10to pay, the court may enforce obedience to the order by a
11proceeding as for contempt of court.
12    If it appears that the person liable for the support of the
13minor is able to contribute to legal fees for representation of
14the minor, the court shall enter an order requiring that person
15to pay a reasonable sum for the representation, to the attorney
16providing the representation or to the clerk of the court for
17deposit in the appropriate account or fund. The sum may be paid
18as the court directs, and the payment thereof secured and
19enforced as provided in this Section for support.
20    If it appears at the detention or shelter care hearing of a
21minor before the court under Section 5-501 that a parent or any
22other person liable for support of the minor is able to
23contribute to his or her support, that parent or other person
24shall be required to pay a fee for room and board at a rate not
25to exceed $10 per day established, with the concurrence of the
26chief judge of the judicial circuit, by the county board of the

 

 

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1county in which the minor is detained unless the court
2determines that it is in the best interest and welfare of the
3minor to waive the fee. The concurrence of the chief judge
4shall be in the form of an administrative order. Each week, on
5a day designated by the clerk of the circuit court, that parent
6or other person shall pay the clerk for the minor's room and
7board. All fees for room and board collected by the circuit
8court clerk shall be disbursed into the separate county fund
9under Section 6-7.
10    Upon application, the court shall waive liability for
11support or legal fees under this Section if the parent or other
12person establishes that he or she is indigent and unable to pay
13the incurred liability, and the court may reduce or waive
14liability if the parent or other person establishes
15circumstances showing that full payment of support or legal
16fees would result in financial hardship to the person or his or
17her family.
18    (2) When a person so ordered to pay for the care and
19support of a minor is employed for wages, salary or commission,
20the court may order him to make the support payments for which
21he is liable under this Act out of his wages, salary or
22commission and to assign so much thereof as will pay the
23support. The court may also order him to make discovery to the
24court as to his place of employment and the amounts earned by
25him. Upon his failure to obey the orders of court he may be
26punished as for contempt of court.

 

 

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1    (3) If the minor is a recipient of public aid under the
2Illinois Public Aid Code, the court shall order that payments
3made by a parent or through assignment of his wages, salary or
4commission be made directly to (a) the Department of Healthcare
5and Family Services if the minor is a recipient of aid under
6Article V of the Code, (b) the Department of Human Services if
7the minor is a recipient of aid under Article IV of the Code,
8or (c) the local governmental unit responsible for the support
9of the minor if he is a recipient under Articles VI or VII of
10the Code. The order shall permit the Department of Healthcare
11and Family Services, the Department of Human Services, or the
12local governmental unit, as the case may be, to direct that
13subsequent payments be made directly to the guardian or
14custodian of the minor, or to some other person or agency in
15the minor's behalf, upon removal of the minor from the public
16aid rolls; and upon such direction and removal of the minor
17from the public aid rolls, the Department of Healthcare and
18Family Services, Department of Human Services, or local
19governmental unit, as the case requires, shall give written
20notice of such action to the court. Payments received by the
21Department of Healthcare and Family Services, Department of
22Human Services, or local governmental unit are to be covered,
23respectively, into the General Revenue Fund of the State
24Treasury or General Assistance Fund of the governmental unit,
25as provided in Section 10-19 of the Illinois Public Aid Code.
26(Source: P.A. 97-568, eff. 8-25-11.)
 

 

 

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1    Section 962. The Code of Criminal Procedure of 1963 is
2amended by changing Section 112A-14 as follows:
 
3    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
4    Sec. 112A-14. Order of protection; remedies.
5    (a) Issuance of order. If the court finds that petitioner
6has been abused by a family or household member, as defined in
7this Article, an order of protection prohibiting such abuse
8shall issue; provided that petitioner must also satisfy the
9requirements of one of the following Sections, as appropriate:
10Section 112A-17 on emergency orders, Section 112A-18 on interim
11orders, or Section 112A-19 on plenary orders. Petitioner shall
12not be denied an order of protection because petitioner or
13respondent is a minor. The court, when determining whether or
14not to issue an order of protection, shall not require physical
15manifestations of abuse on the person of the victim.
16Modification and extension of prior orders of protection shall
17be in accordance with this Article.
18    (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as appropriate:
21Section 112A-17 on emergency orders, Section 112A-18 on interim
22orders, and Section 112A-19 on plenary orders. The remedies
23listed in this subsection shall be in addition to other civil
24or criminal remedies available to petitioner.

 

 

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

 

 

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

 

 

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1    respondent to stay away from petitioner or any other person
2    protected by the order of protection, or prohibit
3    respondent from entering or remaining present at
4    petitioner's school, place of employment, or other
5    specified places at times when petitioner is present, or
6    both, if reasonable, given the balance of hardships.
7    Hardships need not be balanced for the court to enter a
8    stay away order or prohibit entry if respondent has no
9    right to enter the premises.
10        If an order of protection grants petitioner exclusive
11    possession of the residence, or prohibits respondent from
12    entering the residence, or orders respondent to stay away
13    from petitioner or other protected persons, then the court
14    may allow respondent access to the residence to remove
15    items of clothing and personal adornment used exclusively
16    by respondent, medications, and other items as the court
17    directs. The right to access shall be exercised on only one
18    occasion as the court directs and in the presence of an
19    agreed-upon adult third party or law enforcement officer.
20        (4) Counseling. Require or recommend the respondent to
21    undergo counseling for a specified duration with a social
22    worker, psychologist, clinical psychologist, psychiatrist,
23    family service agency, alcohol or substance abuse program,
24    mental health center guidance counselor, agency providing
25    services to elders, program designed for domestic violence
26    abusers or any other guidance service the court deems

 

 

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1    appropriate. The court may order the respondent in any
2    intimate partner relationship to report to an Illinois
3    Department of Human Services protocol approved partner
4    abuse intervention program for an assessment and to follow
5    all recommended treatment.
6        (5) Physical care and possession of the minor child. In
7    order to protect the minor child from abuse, neglect, or
8    unwarranted separation from the person who has been the
9    minor child's primary caretaker, or to otherwise protect
10    the well-being of the minor child, the court may do either
11    or both of the following: (i) grant petitioner physical
12    care or possession of the minor child, or both, or (ii)
13    order respondent to return a minor child to, or not remove
14    a minor child from, the physical care of a parent or person
15    in loco parentis.
16        If a court finds, after a hearing, that respondent has
17    committed abuse (as defined in Section 112A-3) of a minor
18    child, there shall be a rebuttable presumption that
19    awarding physical care to respondent would not be in the
20    minor child's best interest.
21        (6) Temporary legal custody. Award temporary legal
22    custody to petitioner in accordance with this Section, the
23    Illinois Marriage and Dissolution of Marriage Act, the
24    Illinois Parentage Act of 2013 1984, and this State's
25    Uniform Child-Custody Jurisdiction and Enforcement Act.
26        If a court finds, after a hearing, that respondent has

 

 

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1    committed abuse (as defined in Section 112A-3) of a minor
2    child, there shall be a rebuttable presumption that
3    awarding temporary legal custody to respondent would not be
4    in the child's best interest.
5        (7) Visitation. Determine the visitation rights, if
6    any, of respondent in any case in which the court awards
7    physical care or temporary legal custody of a minor child
8    to petitioner. The court shall restrict or deny
9    respondent's visitation with a minor child if the court
10    finds that respondent has done or is likely to do any of
11    the following: (i) abuse or endanger the minor child during
12    visitation; (ii) use the visitation as an opportunity to
13    abuse or harass petitioner or petitioner's family or
14    household members; (iii) improperly conceal or detain the
15    minor child; or (iv) otherwise act in a manner that is not
16    in the best interests of the minor child. The court shall
17    not be limited by the standards set forth in Section 607.1
18    of the Illinois Marriage and Dissolution of Marriage Act.
19    If the court grants visitation, the order shall specify
20    dates and times for the visitation to take place or other
21    specific parameters or conditions that are appropriate. No
22    order for visitation shall refer merely to the term
23    "reasonable visitation".
24        Petitioner may deny respondent access to the minor
25    child if, when respondent arrives for visitation,
26    respondent is under the influence of drugs or alcohol and

 

 

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1    constitutes a threat to the safety and well-being of
2    petitioner or petitioner's minor children or is behaving in
3    a violent or abusive manner.
4        If necessary to protect any member of petitioner's
5    family or household from future abuse, respondent shall be
6    prohibited from coming to petitioner's residence to meet
7    the minor child for visitation, and the parties shall
8    submit to the court their recommendations for reasonable
9    alternative arrangements for visitation. A person may be
10    approved to supervise visitation only after filing an
11    affidavit accepting that responsibility and acknowledging
12    accountability to the court.
13        (8) Removal or concealment of minor child. Prohibit
14    respondent from removing a minor child from the State or
15    concealing the child within the State.
16        (9) Order to appear. Order the respondent to appear in
17    court, alone or with a minor child, to prevent abuse,
18    neglect, removal or concealment of the child, to return the
19    child to the custody or care of the petitioner or to permit
20    any court-ordered interview or examination of the child or
21    the respondent.
22        (10) Possession of personal property. Grant petitioner
23    exclusive possession of personal property and, if
24    respondent has possession or control, direct respondent to
25    promptly make it available to petitioner, if:
26            (i) petitioner, but not respondent, owns the

 

 

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

 

 

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1    the Illinois Marriage and Dissolution of Marriage Act, as
2    now or hereafter amended.
3        The court may further prohibit respondent from
4    improperly using the financial or other resources of an
5    aged member of the family or household for the profit or
6    advantage of respondent or of any other person.
7        (11.5) Protection of animals. Grant the petitioner the
8    exclusive care, custody, or control of any animal owned,
9    possessed, leased, kept, or held by either the petitioner
10    or the respondent or a minor child residing in the
11    residence or household of either the petitioner or the
12    respondent and order the respondent to stay away from the
13    animal and forbid the respondent from taking,
14    transferring, encumbering, concealing, harming, or
15    otherwise disposing of the animal.
16        (12) Order for payment of support. Order respondent to
17    pay temporary support for the petitioner or any child in
18    the petitioner's care or custody, when the respondent has a
19    legal obligation to support that person, in accordance with
20    the Illinois Marriage and Dissolution of Marriage Act,
21    which shall govern, among other matters, the amount of
22    support, payment through the clerk and withholding of
23    income to secure payment. An order for child support may be
24    granted to a petitioner with lawful physical care or
25    custody of a child, or an order or agreement for physical
26    care or custody, prior to entry of an order for legal

 

 

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

 

 

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1        investigator fees, and travel costs.
2        (14) Prohibition of entry. Prohibit the respondent
3    from entering or remaining in the residence or household
4    while the respondent is under the influence of alcohol or
5    drugs and constitutes a threat to the safety and well-being
6    of the petitioner or the petitioner's children.
7        (14.5) Prohibition of firearm possession.
8            (a) Prohibit a respondent against whom an order of
9        protection was issued from possessing any firearms
10        during the duration of the order if the order:
11                (1) was issued after a hearing of which such
12            person received actual notice, and at which such
13            person had an opportunity to participate;
14                (2) restrains such person from harassing,
15            stalking, or threatening an intimate partner of
16            such person or child of such intimate partner or
17            person, or engaging in other conduct that would
18            place an intimate partner in reasonable fear of
19            bodily injury to the partner or child; and
20                (3)(i) includes a finding that such person
21            represents a credible threat to the physical
22            safety of such intimate partner or child; or (ii)
23            by its terms explicitly prohibits the use,
24            attempted use, or threatened use of physical force
25            against such intimate partner or child that would
26            reasonably be expected to cause bodily injury.

 

 

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1        Any firearms in the possession of the respondent,
2        except as provided in subsection (b), shall be ordered
3        by the court to be turned over to the local law
4        enforcement agency for safekeeping. The court shall
5        issue an order that the respondent's Firearm Owner's
6        Identification Card be turned over to the local law
7        enforcement agency, which in turn shall immediately
8        mail the card to the Department of State Police Firearm
9        Owner's Identification Card Office for safekeeping.
10        The period of safekeeping shall be for the duration of
11        the order of protection. The firearm or firearms and
12        Firearm Owner's Identification Card, if unexpired,
13        shall at the respondent's request be returned to the
14        respondent at expiration of the order of protection.
15            (b) If the respondent is a peace officer as defined
16        in Section 2-13 of the Criminal Code of 2012, the court
17        shall order that any firearms used by the respondent in
18        the performance of his or her duties as a peace officer
19        be surrendered to the chief law enforcement executive
20        of the agency in which the respondent is employed, who
21        shall retain the firearms for safekeeping for the
22        duration of the order of protection.
23            (c) Upon expiration of the period of safekeeping,
24        if the firearms or Firearm Owner's Identification Card
25        cannot be returned to respondent because respondent
26        cannot be located, fails to respond to requests to

 

 

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

 

 

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

 

 

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

 

 

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1    supplement to making the findings described in paragraphs
2    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
3    the following procedure:
4        When a verified petition for an emergency order of
5    protection in accordance with the requirements of Sections
6    112A-5 and 112A-17 is presented to the court, the court
7    shall examine petitioner on oath or affirmation. An
8    emergency order of protection shall be issued by the court
9    if it appears from the contents of the petition and the
10    examination of petitioner that the averments are
11    sufficient to indicate abuse by respondent and to support
12    the granting of relief under the issuance of the emergency
13    order of protection.
14        (5) Never married parties. No rights or
15    responsibilities for a minor child born outside of marriage
16    attach to a putative father until a father and child
17    relationship has been established under the Illinois
18    Parentage Act of 1984 or under the Illinois Parentage Act
19    of 2013 on and after the effective date of that Act. Absent
20    such an adjudication, no putative father shall be granted
21    temporary custody of the minor child, visitation with the
22    minor child, or physical care and possession of the minor
23    child, nor shall an order of payment for support of the
24    minor child be entered.
25    (d) Balance of hardships; findings. If the court finds that
26the balance of hardships does not support the granting of a

 

 

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

 

 

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1    or household members.
2(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
397-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff.
41-25-13.)
 
5    Section 963. The Unified Code of Corrections is amended by
6changing Section 3-5-4 as follows:
 
7    (730 ILCS 5/3-5-4)
8    Sec. 3-5-4. Exchange of information for child support
9enforcement.
10    (a) The Department 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 Department 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).

 

 

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

 

 

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1    Parentage Act of 1984, as now or hereafter amended, or
2    under the Illinois Parentage Act of 2013 on and after the
3    effective date of that Act, the performance of an act of
4    sexual intercourse within this State during the possible
5    period of conception;
6        (7) The making or performance of any contract or
7    promise substantially connected with this State;
8        (8) The performance of sexual intercourse within this
9    State which is claimed to have resulted in the conception
10    of a child who resides in this State;
11        (9) The failure to support a child, spouse or former
12    spouse who has continued to reside in this State since the
13    person either formerly resided with them in this State or
14    directed them to reside in this State;
15        (10) The acquisition of ownership, possession or
16    control of any asset or thing of value present within this
17    State when ownership, possession or control was acquired;
18        (11) The breach of any fiduciary duty within this
19    State;
20        (12) The performance of duties as a director or officer
21    of a corporation organized under the laws of this State or
22    having its principal place of business within this State;
23        (13) The ownership of an interest in any trust
24    administered within this State; or
25        (14) The exercise of powers granted under the authority
26    of this State as a fiduciary.

 

 

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

 

 

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

 

 

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

 

 

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1of review and bills in the nature of bills of review are
2abolished. All relief heretofore obtainable and the grounds for
3such relief heretofore available, whether by any of the
4foregoing remedies or otherwise, shall be available in every
5case, by proceedings hereunder, regardless of the nature of the
6order or judgment from which relief is sought or of the
7proceedings in which it was entered. Except as provided in
8Section 6 of the Illinois Parentage Act of 2013 1984, there
9shall be no distinction between actions and other proceedings,
10statutory or otherwise, as to availability of relief, grounds
11for relief or the relief obtainable.
12    (b) The petition must be filed in the same proceeding in
13which the order or judgment was entered but is not a
14continuation thereof. The petition must be supported by
15affidavit or other appropriate showing as to matters not of
16record. All parties to the petition shall be notified as
17provided by rule.
18    (c) Except as provided in Section 20b of the Adoption Act
19and Section 2-32 of the Juvenile Court Act of 1987 or in a
20petition based upon Section 116-3 of the Code of Criminal
21Procedure of 1963, the petition must be filed not later than 2
22years after the entry of the order or judgment. Time during
23which the person seeking relief is under legal disability or
24duress or the ground for relief is fraudulently concealed shall
25be excluded in computing the period of 2 years.
26    (d) The filing of a petition under this Section does not

 

 

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

 

 

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1in tenancy by the entirety shall not be liable to be sold upon
2judgment entered on or after October 1, 1990 against only one
3of the tenants, except if the property was transferred into
4tenancy by the entirety with the sole intent to avoid the
5payment of debts existing at the time of the transfer beyond
6the transferor's ability to pay those debts as they become due.
7However, any income from such property shall be subject to
8garnishment as provided in Part 7 of this Article XII, whether
9judgment has been entered against one or both of the tenants.
10    If the court authorizes the piercing of the ownership veil
11pursuant to Section 505 of the Illinois Marriage and
12Dissolution of Marriage Act or Section 805 15 of the Illinois
13Parentage Act of 2013 1984, any assets determined to be those
14of the non-custodial parent, although not held in name of the
15non-custodial parent, shall be subject to attachment or other
16provisional remedy in accordance with the procedure prescribed
17by this Code. The court may not authorize attachment of
18property or any other provisional remedy under this paragraph
19unless it has obtained jurisdiction over the entity holding
20title to the property by proper service on that entity. With
21respect to assets which are real property, no order entered as
22described in this paragraph shall affect the rights of bona
23fide purchasers, mortgagees, judgment creditors, or other lien
24holders who acquire their interests in the property prior to
25the time a notice of lis pendens pursuant to this Code or a
26copy of the order is placed of record in the office of the

 

 

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1recorder of deeds for the county in which the real property is
2located.
3    This amendatory Act of 1995 (P.A. 89-438) is declarative of
4existing law.
5    This amendatory Act of 1997 (P.A. 90-514) is intended as a
6clarification of existing law and not as a new enactment.
7(Source: P.A. 96-1145, eff. 1-1-11.)
 
8    (735 ILCS 5/12-819)  (from Ch. 110, par. 12-819)
9    Sec. 12-819. Limitations on part 8 of Article XII. The
10provisions of this Part 8 of Article XII of this Act do not
11apply to orders for withholding of income entered by the court
12under provisions of 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
16Illinois Parentage Act of 1984, and the Illinois Parentage Act
17of 2013 and the Paternity Act for support of a child or
18maintenance of a spouse.
19(Source: P.A. 91-613, eff. 10-1-99.)
 
20    Section 965. The Illinois Wage Assignment Act is amended by
21changing Section 11 as follows:
 
22    (740 ILCS 170/11)  (from Ch. 48, par. 39.12)
23    Sec. 11. The provisions of this Act do not apply to orders

 

 

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1for withholding of income entered by the court under provisions
2of The Illinois Public Aid Code, the Illinois Marriage and
3Dissolution of Marriage Act, the Non-Support of Spouse and
4Children Act, the Non-Support Punishment Act, the Revised
5Uniform Reciprocal Enforcement of Support Act, the Illinois
6Parentage Act of 1984, and the Illinois Parentage Act of 2013
7and the Paternity Act for support of a child or maintenance of
8a spouse.
9(Source: P.A. 91-613, eff. 10-1-99.)
 
10    Section 966. The Illinois Marriage and Dissolution of
11Marriage Act is amended by changing Section 713 as follows:
 
12    (750 ILCS 5/713)  (from Ch. 40, par. 713)
13    Sec. 713. Attachment of the Body. As used in this Section,
14"obligor" has the same meaning ascribed to such term in the
15Income Withholding for Support Act.
16    (a) In any proceeding to enforce an order for support,
17where the obligor has failed to appear in court pursuant to
18order of court and after due notice thereof, the court may
19enter an order for the attachment of the body of the obligor.
20Notices under this Section shall be served upon the obligor by
21any means authorized under subsection (a-5) of Section 505. The
22attachment order shall fix an amount of escrow which is equal
23to a minimum of 20% of the total child support arrearage
24alleged by the obligee in sworn testimony to be due and owing.

 

 

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

 

 

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1        (1) hold a hearing on the complaint or petition that
2    gave rise to the attachment order. For purposes of
3    determining arrearages that are due and owing by the
4    obligor, the court shall accept the previous sworn
5    testimony of the obligee as true and the appearance of the
6    obligee shall not be required. The court shall require
7    sworn testimony of the obligor as to his or her Social
8    Security number, income, employment, bank accounts,
9    property and any other assets. If there is a dispute as to
10    the total amount of arrearages, the court shall proceed as
11    in any other case as to the undisputed amounts; and
12        (2) order the Clerk of the Circuit Court to disburse to
13    the obligee or public office money held in escrow pursuant
14    to this Section if the court finds that the amount of
15    arrearages exceeds the amount of the escrow. Amounts
16    received by the obligee or public office shall be deducted
17    from the amount of the arrearages.
18    (e) If the obligor fails to appear in court after being
19notified of the court date by the Sheriff upon release from
20custody, the court shall order any monies deposited into escrow
21to be immediately released to the obligee or public office and
22shall proceed under subsection (a) of this Section by entering
23another order for the attachment of the body of the obligor.
24    (f) This Section shall apply to any order for support
25issued under the "Illinois Marriage and Dissolution of Marriage
26Act", approved September 22, 1977, as amended; the Illinois

 

 

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1Parentage Act of 2013; the "Illinois Parentage Act of 1984",
2effective July 1, 1985, as amended; the "Revised Uniform
3Reciprocal Enforcement of Support Act", approved August 28,
41969, as amended; "The Illinois Public Aid Code", approved
5April 11, 1967, as amended; the Non-Support Punishment Act; and
6the "Non-support of Spouse and Children Act", approved June 8,
71953, as amended.
8    (g) Any escrow established pursuant to this Section for the
9purpose of providing support shall not be subject to fees
10collected by the Clerk of the Circuit Court for any other
11escrow.
12(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
1392-16, eff. 6-28-01.)
 
14    Section 967. The Non-Support Punishment Act is amended by
15changing Section 50 as follows:
 
16    (750 ILCS 16/50)
17    Sec. 50. Community service; work alternative program.
18    (a) In addition to any other penalties imposed against an
19offender under this Act, the court may order the offender to
20perform community service for not less than 30 and not more
21than 120 hours per month, if community service is available in
22the jurisdiction and is funded and approved by the county board
23of the county where the offense was committed. In addition,
24whenever any person is placed on supervision for committing an

 

 

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1offense under this Act, the supervision shall be conditioned on
2the performance of the community service.
3    (b) In addition to any other penalties imposed against an
4offender under this Act, the court may sentence the offender to
5service in a work alternative program administered by the
6sheriff. The conditions of the program are that the offender
7obtain or retain employment and participate in a work
8alternative program administered by the sheriff during
9non-working hours. A person may not be required to participate
10in a work alternative program under this subsection if the
11person is currently participating in a work program pursuant to
12another provision of this Act, Section 10-11.1 of the Illinois
13Public Aid Code, Section 505.1 of the Illinois Marriage and
14Dissolution of Marriage Act, or Section 806 15.1 of the
15Illinois Parentage Act of 2013 1984.
16    (c) In addition to any other penalties imposed against an
17offender under this Act, the court may order, in cases where
18the offender has been in violation of this Act for 90 days or
19more, that the offender's Illinois driving privileges be
20suspended until the court determines that the offender is in
21compliance with this Act.
22    The court may determine that the offender is in compliance
23with this Act if the offender has agreed (i) to pay all
24required amounts of support and maintenance as determined by
25the court or (ii) to the garnishment of his or her income for
26the purpose of paying those amounts.

 

 

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1    The court may also order that the offender be issued a
2family financial responsibility driving permit that would
3allow limited driving privileges for employment and medical
4purposes in accordance with Section 7-702.1 of the Illinois
5Vehicle Code. The clerk of the circuit court shall certify the
6order suspending the driving privileges of the offender or
7granting the issuance of a family financial responsibility
8driving permit to the Secretary of State on forms prescribed by
9the Secretary. Upon receipt of the authenticated documents, the
10Secretary of State shall suspend the offender's driving
11privileges until further order of the court and shall, if
12ordered by the court, subject to the provisions of Section
137-702.1 of the Illinois Vehicle Code, issue a family financial
14responsibility driving permit to the offender.
15    (d) If the court determines that the offender has been in
16violation of this Act for more than 60 days, the court may
17determine whether the offender has applied for or been issued a
18professional license by the Department of Professional
19Regulation or another licensing agency. If the court determines
20that the offender has applied for or been issued such a
21license, the court may certify to the Department of
22Professional Regulation or other licensing agency that the
23offender has been in violation of this Act for more than 60
24days so that the Department or other agency may take
25appropriate steps with respect to the license or application as
26provided in Section 10-65 of the Illinois Administrative

 

 

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

 

 

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1with any of them. A period of temporary absence of any of them
2is counted as part of the 6-month or other period.
3    "Income" includes earnings or other periodic entitlements
4to money from any source and any other property subject to
5withholding for support under the law of this State.
6    "Income-withholding order" means an order or other legal
7process directed to an obligor's employer or other debtor, as
8defined by the Illinois Marriage and Dissolution of Marriage
9Act, the Non-Support of Spouse and Children Act, the
10Non-Support Punishment Act the Illinois Public Aid Code, and
11the Illinois Parentage Act of 2013 1984, to withhold support
12from the income of the obligor.
13    "Initiating state" means a state from which a proceeding is
14forwarded or in which a proceeding is filed for forwarding to a
15responding state under this Act or a law or procedure
16substantially similar to this Act.
17    "Initiating tribunal" means the authorized tribunal in an
18initiating state.
19    "Issuing state" means the state in which a tribunal issues
20a support order or renders a judgment determining parentage.
21    "Issuing tribunal" means the tribunal that issues a support
22order or renders a judgment determining parentage.
23    "Obligee" means:
24        (A) an individual to whom a duty of support is or is
25    alleged to be owed or in whose favor a support order has
26    been issued or a judgment determining parentage has been

 

 

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

 

 

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

 

 

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

 

 

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1this Act, Administrative Hearing Officers shall be authorized
2to:
3        (1) Accept voluntary agreements reached by the parties
4    setting the amount of child support to be paid and medical
5    support liability and recommend the entry of orders
6    incorporating such agreements.
7        (2) Accept voluntary acknowledgments of parentage and
8    recommend entry of an order establishing parentage based on
9    such acknowledgement. Prior to accepting such
10    acknowledgment, the Administrative Hearing Officer shall
11    advise the putative father of his rights and obligations in
12    accordance with Supreme Court rules promulgated pursuant
13    to this Act.
14        (3) Manage all stages of discovery, including setting
15    deadlines by which discovery must be completed; and
16    directing the parties to submit to appropriate tests
17    pursuant to Section 11 of the Illinois Parentage Act of
18    2013 1984.
19        (4) Cause notices to be issued requiring the Obligor to
20    appear either before the Administrative Hearing Officer or
21    in court.
22        (5) Administer the oath or affirmation and take
23    testimony under oath or affirmation.
24        (6) Analyze the evidence and prepare written
25    recommendations based on such evidence, including but not
26    limited to: (i) proposed findings as to the amount of the

 

 

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

 

 

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

 

 

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1and recommended order to which the parties have agreed.
2(Source: P.A. 95-331, eff. 8-21-07.)
 
3    Section 970. The Income Withholding for Support Act is
4amended by changing Section 15 as follows:
 
5    (750 ILCS 28/15)
6    Sec. 15. Definitions.
7    (a) "Order for support" means any order of the court which
8provides for periodic payment of funds for the support of a
9child or maintenance of a spouse, whether temporary or final,
10and includes any such order which provides for:
11        (1) modification or resumption of, or payment of
12    arrearage, including interest, accrued under, a previously
13    existing order;
14        (2) reimbursement of support;
15        (3) payment or reimbursement of the expenses of
16    pregnancy and delivery (for orders for support entered
17    under the Illinois Parentage Act of 1984 or its predecessor
18    the Paternity Act or under the Illinois Parentage Act of
19    2013); or
20        (4) enrollment in a health insurance plan that is
21    available to the obligor through an employer or labor union
22    or trade union.
23    (b) "Arrearage" means the total amount of unpaid support
24obligations, including interest, as determined by the court and

 

 

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

 

 

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

 

 

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

 

 

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1    Section 971. The Gestational Surrogacy Act is amended by
2changing Section 35 as follows:
 
3    (750 ILCS 47/35)
4    Sec. 35. Establishment of the parent-child relationship.
5    (a) For purposes of the Illinois Parentage Act of 2013
61984, a parent-child relationship shall be established prior to
7the birth of a child born through gestational surrogacy if, in
8addition to satisfying the requirements of Articles 2 and 3
9Sections 5 and 6 of the Illinois Parentage Act of 2013 1984,
10the attorneys representing both the gestational surrogate and
11the intended parent or parents certify that the parties entered
12into a gestational surrogacy contract intended to satisfy the
13requirements of Section 25 of this Act with respect to the
14child.
15    (b) The attorneys' certifications required by subsection
16(a) of this Section shall be filed on forms prescribed by the
17Illinois Department of Public Health and in a manner consistent
18with the requirement of the Illinois Parentage Act of 2013
191984.
20(Source: P.A. 93-921, eff. 1-1-05.)
 
21    Section 972. The Adoption Act is amended by changing
22Sections 1, 8, 12a, and 18.06 as follows:
 
23    (750 ILCS 50/1)  (from Ch. 40, par. 1501)

 

 

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

 

 

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1        (a-1) Abandonment of a newborn infant in a hospital.
2        (a-2) Abandonment of a newborn infant in any setting
3    where the evidence suggests that the parent intended to
4    relinquish his or her parental rights.
5        (b) Failure to maintain a reasonable degree of
6    interest, concern or responsibility as to the child's
7    welfare.
8        (c) Desertion of the child for more than 3 months next
9    preceding the commencement of the Adoption proceeding.
10        (d) Substantial neglect of the child if continuous or
11    repeated.
12        (d-1) Substantial neglect, if continuous or repeated,
13    of any child residing in the household which resulted in
14    the death of that child.
15        (e) Extreme or repeated cruelty to the child.
16        (f) There is a rebuttable presumption, which can be
17    overcome only by clear and convincing evidence, that a
18    parent is unfit if:
19            (1) Two or more findings of physical abuse have
20        been entered regarding any children under Section 2-21
21        of the Juvenile Court Act of 1987, the most recent of
22        which was determined by the juvenile court hearing the
23        matter to be supported by clear and convincing
24        evidence; or
25            (2) The parent has been convicted or found not
26        guilty by reason of insanity and the conviction or

 

 

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1        finding resulted from the death of any child by
2        physical abuse; or
3            (3) There is a finding of physical child abuse
4        resulting from the death of any child under Section
5        2-21 of the Juvenile Court Act of 1987.
6            No conviction or finding of delinquency pursuant
7        to Article 5 of the Juvenile Court Act of 1987 shall be
8        considered a criminal conviction for the purpose of
9        applying any presumption under this item (f).
10        (g) Failure to protect the child from conditions within
11    his environment injurious to the child's welfare.
12        (h) Other neglect of, or misconduct toward the child;
13    provided that in making a finding of unfitness the court
14    hearing the adoption proceeding shall not be bound by any
15    previous finding, order or judgment affecting or
16    determining the rights of the parents toward the child
17    sought to be adopted in any other proceeding except such
18    proceedings terminating parental rights as shall be had
19    under either this Act, the Juvenile Court Act or the
20    Juvenile Court Act of 1987.
21        (i) Depravity. Conviction of any one of the following
22    crimes shall create a presumption that a parent is depraved
23    which can be overcome only by clear and convincing
24    evidence: (1) first degree murder in violation of paragraph
25    1 or 2 of subsection (a) of Section 9-1 of the Criminal
26    Code of 1961 or the Criminal Code of 2012 or conviction of

 

 

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1    second degree murder in violation of subsection (a) of
2    Section 9-2 of the Criminal Code of 1961 or the Criminal
3    Code of 2012 of a parent of the child to be adopted; (2)
4    first degree murder or second degree murder of any child in
5    violation of the Criminal Code of 1961 or the Criminal Code
6    of 2012; (3) attempt or conspiracy to commit first degree
7    murder or second degree murder of any child in violation of
8    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
9    solicitation to commit murder of any child, solicitation to
10    commit murder of any child for hire, or solicitation to
11    commit second degree murder of any child in violation of
12    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
13    predatory criminal sexual assault of a child in violation
14    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
15    or the Criminal Code of 2012; (6) heinous battery of any
16    child in violation of the Criminal Code of 1961; or (7)
17    aggravated battery of any child in violation of the
18    Criminal Code of 1961 or the Criminal Code of 2012.
19        There is a rebuttable presumption that a parent is
20    depraved if the parent has been criminally convicted of at
21    least 3 felonies under the laws of this State or any other
22    state, or under federal law, or the criminal laws of any
23    United States territory; and at least one of these
24    convictions took place within 5 years of the filing of the
25    petition or motion seeking termination of parental rights.
26        There is a rebuttable presumption that a parent is

 

 

HB1243 Engrossed- 218 -LRB098 03015 HEP 33030 b

1    depraved if that parent has been criminally convicted of
2    either first or second degree murder of any person as
3    defined in the Criminal Code of 1961 or the Criminal Code
4    of 2012 within 10 years of the filing date of the petition
5    or motion to terminate parental rights.
6        No conviction or finding of delinquency pursuant to
7    Article 5 of the Juvenile Court Act of 1987 shall be
8    considered a criminal conviction for the purpose of
9    applying any presumption under this item (i).
10        (j) Open and notorious adultery or fornication.
11        (j-1) (Blank).
12        (k) Habitual drunkenness or addiction to drugs, other
13    than those prescribed by a physician, for at least one year
14    immediately prior to the commencement of the unfitness
15    proceeding.
16        There is a rebuttable presumption that a parent is
17    unfit under this subsection with respect to any child to
18    which that parent gives birth where there is a confirmed
19    test result that at birth the child's blood, urine, or
20    meconium contained any amount of a controlled substance as
21    defined in subsection (f) of Section 102 of the Illinois
22    Controlled Substances Act or metabolites of such
23    substances, the presence of which in the newborn infant was
24    not the result of medical treatment administered to the
25    mother or the newborn infant; and the biological mother of
26    this child is the biological mother of at least one other

 

 

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

 

 

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

 

 

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

 

 

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1    the child, although physically able to do so, or (2) as
2    manifested by the father's failure, where he and the mother
3    of the child were unmarried to each other at the time of
4    the child's birth, (i) to commence legal proceedings to
5    establish his paternity under the Illinois Parentage Act of
6    1984, the Illinois Parentage Act of 2013, or the law of the
7    jurisdiction of the child's birth within 30 days of being
8    informed, pursuant to Section 12a of this Act, that he is
9    the father or the likely father of the child or, after
10    being so informed where the child is not yet born, within
11    30 days of the child's birth, or (ii) to make a good faith
12    effort to pay a reasonable amount of the expenses related
13    to the birth of the child and to provide a reasonable
14    amount for the financial support of the child, the court to
15    consider in its determination all relevant circumstances,
16    including the financial condition of both parents;
17    provided that the ground for termination provided in this
18    subparagraph (n)(2)(ii) shall only be available where the
19    petition is brought by the mother or the husband of the
20    mother.
21        Contact or communication by a parent with his or her
22    child that does not demonstrate affection and concern does
23    not constitute reasonable contact and planning under
24    subdivision (n). In the absence of evidence to the
25    contrary, the ability to visit, communicate, maintain
26    contact, pay expenses and plan for the future shall be

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1child, or a paramour of the child's parent:
2        (a) inflicts, causes to be inflicted, or allows to be
3    inflicted upon the child physical injury, by other than
4    accidental means, that causes death, disfigurement,
5    impairment of physical or emotional health, or loss or
6    impairment of any bodily function;
7        (b) creates a substantial risk of physical injury to
8    the child by other than accidental means which would be
9    likely to cause death, disfigurement, impairment of
10    physical or emotional health, or loss or impairment of any
11    bodily function;
12        (c) commits or allows to be committed any sex offense
13    against the child, as sex offenses are defined in the
14    Criminal Code of 2012 and extending those definitions of
15    sex offenses to include children under 18 years of age;
16        (d) commits or allows to be committed an act or acts of
17    torture upon the child; or
18        (e) inflicts excessive corporal punishment.
19    Q. "Neglected child" means any child whose parent or other
20person responsible for the child's welfare withholds or denies
21nourishment or medically indicated treatment including food or
22care denied solely on the basis of the present or anticipated
23mental or physical impairment as determined by a physician
24acting alone or in consultation with other physicians or
25otherwise does not provide the proper or necessary support,
26education as required by law, or medical or other remedial care

 

 

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1recognized under State law as necessary for a child's
2well-being, or other care necessary for his or her well-being,
3including adequate food, clothing and shelter; or who is
4abandoned by his or her parents or other person responsible for
5the child's welfare.
6    A child shall not be considered neglected or abused for the
7sole reason that the child's parent or other person responsible
8for his or her welfare depends upon spiritual means through
9prayer alone for the treatment or cure of disease or remedial
10care as provided under Section 4 of the Abused and Neglected
11Child Reporting Act. A child shall not be considered neglected
12or abused for the sole reason that the child's parent or other
13person responsible for the child's welfare failed to vaccinate,
14delayed vaccination, or refused vaccination for the child due
15to a waiver on religious or medical grounds as permitted by
16law.
17    R. "Putative father" means a man who may be a child's
18father, but who (1) is not married to the child's mother on or
19before the date that the child was or is to be born and (2) has
20not established paternity of the child in a court proceeding
21before the filing of a petition for the adoption of the child.
22The term includes a male who is less than 18 years of age.
23"Putative father" does not mean a man who is the child's father
24as a result of criminal sexual abuse or assault as defined
25under Article 11 of the Criminal Code of 2012.
26    S. "Standby adoption" means an adoption in which a parent

 

 

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1consents to custody and termination of parental rights to
2become effective upon the occurrence of a future event, which
3is either the death of the parent or the request of the parent
4for the entry of a final judgment of adoption.
5    T. (Blank).
6(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
797-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
8    (750 ILCS 50/8)  (from Ch. 40, par. 1510)
9    Sec. 8. Consents to adoption and surrenders for purposes of
10adoption.
11    (a) Except as hereinafter provided in this Section consents
12or surrenders shall be required in all cases, unless the person
13whose consent or surrender would otherwise be required shall be
14found by the court:
15        (1) to be an unfit person as defined in Section 1 of
16    this Act, by clear and convincing evidence; or
17        (2) not to be the biological or adoptive father of the
18    child; or
19        (3) to have waived his parental rights to the child
20    under Section 12a or 12.1 or subsection S of Section 10 of
21    this Act; or
22        (4) to be the parent of an adult sought to be adopted;
23    or
24        (5) to be the father of the child as a result of
25    criminal sexual abuse or assault as defined under Article

 

 

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1    11 of the Criminal Code of 2012; or
2        (6) to be the father of a child who:
3            (i) is a family member of the mother of the child,
4        and the mother is under the age of 18 at the time of
5        the child's conception; for purposes of this
6        subsection, a "family member" is a parent,
7        step-parent, grandparent, step-grandparent, sibling,
8        or cousin of the first degree, whether by whole blood,
9        half-blood, or adoption, as well as a person age 18 or
10        over at the time of the child's conception who has
11        resided in the household with the mother continuously
12        for at least one year; or
13            (ii) is at least 5 years older than the child's
14        mother, and the mother was under the age of 17 at the
15        time of the child's conception, unless the mother and
16        father voluntarily acknowledge the father's paternity
17        of the child by marrying or by establishing the
18        father's paternity by consent of the parties pursuant
19        to the Illinois Parentage Act of 2013 1984 or pursuant
20        to a substantially similar statute in another state.
21        A criminal conviction of any offense pursuant to
22    Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
23    11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
24    19-6, or Article 12 of the Criminal Code of 1961 or the
25    Criminal Code of 2012 is not required.
26    (b) Where consents are required in the case of an adoption

 

 

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1of a minor child, the consents of the following persons shall
2be sufficient:
3        (1) (A) The mother of the minor child; and
4            (B) The father of the minor child, if the father:
5                (i) was married to the mother on the date of
6            birth of the child or within 300 days before the
7            birth of the child, except for a husband or former
8            husband who has been found by a court of competent
9            jurisdiction not to be the biological father of the
10            child; or
11                (ii) is the father of the child under a
12            judgment for adoption, an order of parentage, or an
13            acknowledgment of parentage or paternity pursuant
14            to subsection (a) of Section 5 of the Illinois
15            Parentage Act of 1984 or pursuant to Article 3 of
16            the Illinois Parentage Act of 2013; or
17                (iii) in the case of a child placed with the
18            adopting parents less than 6 months after birth,
19            openly lived with the child, the child's
20            biological mother, or both, and held himself out to
21            be the child's biological father during the first
22            30 days following the birth of the child; or
23                (iv) in the case of a child placed with the
24            adopting parents less than 6 months after birth,
25            made a good faith effort to pay a reasonable amount
26            of the expenses related to the birth of the child

 

 

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

 

 

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1            specified in this sub-paragraph as manifesting
2            such intent, shall not preclude a determination
3            that the father failed to maintain substantial and
4            continuous or repeated contact with the child; or
5                (vi) in the case of a child placed with the
6            adopting parents more than six months after birth,
7            openly lived with the child for a period of six
8            months within the one year period immediately
9            preceding the placement of the child for adoption
10            and openly held himself out to be the father of the
11            child; or
12                (vii) has timely registered with Putative
13            Father Registry, as provided in Section 12.1 of
14            this Act, and prior to the expiration of 30 days
15            from the date of such registration, commenced
16            legal proceedings to establish paternity under the
17            Illinois Parentage Act of 1984, under the Illinois
18            Parentage Act of 2013, or under the law of the
19            jurisdiction of the child's birth; or
20        (2) The legal guardian of the person of the child, if
21    there is no surviving parent; or
22        (3) An agency, if the child has been surrendered for
23    adoption to such agency; or
24        (4) Any person or agency having legal custody of a
25    child by court order if the parental rights of the parents
26    have been judicially terminated, and the court having

 

 

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1    jurisdiction of the guardianship of the child has
2    authorized the consent to the adoption; or
3        (5) The execution and verification of the petition by
4    any petitioner who is also a parent of the child sought to
5    be adopted shall be sufficient evidence of such parent's
6    consent to the adoption.
7    (c) Where surrenders to an agency are required in the case
8of a placement for adoption of a minor child by an agency, the
9surrenders of the following persons shall be sufficient:
10        (1) (A) The mother of the minor child; and
11            (B) The father of the minor child, if the father:
12                (i) was married to the mother on the date of
13            birth of the child or within 300 days before the
14            birth of the child, except for a husband or former
15            husband who has been found by a court of competent
16            jurisdiction not to be the biological father of the
17            child; or
18                (ii) is the father of the child under a
19            judgment for adoption, an order of parentage, or an
20            acknowledgment of parentage or paternity pursuant
21            to subsection (a) of Section 5 of the Illinois
22            Parentage Act of 1984 or pursuant to Article 3 of
23            the Illinois Parentage Act of 2013; or
24                (iii) in the case of a child placed with the
25            adopting parents less than 6 months after birth,
26            openly lived with the child, the child's

 

 

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

 

 

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1            or with the person or agency having the care or
2            custody of the child, when physically and
3            financially unable to visit the child or prevented
4            from doing so by the person or authorized agency
5            having lawful custody of the child. The subjective
6            intent of the father, whether expressed or
7            otherwise, unsupported by evidence of acts
8            specified in this sub-paragraph as manifesting
9            such intent, shall not preclude a determination
10            that the father failed to maintain substantial and
11            continuous or repeated contact with the child; or
12                (vi) in the case of a child placed with the
13            adopting parents more than six months after birth,
14            openly lived with the child for a period of six
15            months within the one year period immediately
16            preceding the placement of the child for adoption
17            and openly held himself out to be the father of the
18            child; or
19                (vii) has timely registered with the Putative
20            Father Registry, as provided in Section 12.1 of
21            this Act, and prior to the expiration of 30 days
22            from the date of such registration, commenced
23            legal proceedings to establish paternity under the
24            Illinois Parentage Act of 1984, under the Illinois
25            Parentage Act of 2013, or under the law of the
26            jurisdiction of the child's birth.

 

 

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1    (d) In making a determination under subparagraphs (b)(1)
2and (c)(1), no showing shall be required of diligent efforts by
3a person or agency to encourage the father to perform the acts
4specified therein.
5    (e) In the case of the adoption of an adult, only the
6consent of such adult shall be required.
7(Source: P.A. 97-493, eff. 8-22-11; 97-1150, eff. 1-25-13.)
 
8    (750 ILCS 50/12a)  (from Ch. 40, par. 1515)
9    Sec. 12a. Notice to putative father.
10    1. Upon the written request to any Clerk of any Circuit
11Court, and upon the payment of a filing fee of $10.00, by any
12interested party, including persons intending to adopt a child,
13a child welfare agency with whom the mother has placed or has
14given written notice of her intention to place a child for
15adoption, the mother of a child, or any attorney representing
16an interested party, a notice, the declaration of paternity and
17the disclaimer of paternity may be served on a putative father
18in the same manner as Summons is served in other civil
19proceedings, or, in lieu of personal service, service may be
20made as follows:
21        (a) The person requesting notice shall pay to the Clerk
22    of the Court a mailing fee of $2 plus the cost of U. S.
23    postage for certified or registered mail and furnish to the
24    Clerk an original and one copy of a notice, the declaration
25    of paternity and the disclaimer of paternity together with

 

 

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

 

 

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1    The mother has indicated that she intends to place the
2child for adoption.
3    As the alleged father of the child, you have certain legal
4rights with respect to the child, including the right to notice
5of the filing of proceedings instituted for the adoption of the
6child. If you wish to retain your rights with respect to the
7child, you must file with the Clerk of this Circuit Court of
8.... County, Illinois, whose address is ...., Illinois, within
930 days after the date of receipt of this notice, the
10declaration of paternity enclosed herewith stating that you
11are, in fact, the father of the child and that you intend to
12retain your legal rights with respect to the child, or request
13to be notified of any further proceedings with respect to
14custody or adoption of the child.
15    If you do not file such a declaration of paternity, or a
16request for notice, then whatever legal rights you have with
17respect to the child, including the right to notice of any
18future proceedings for the adoption of the child, may be
19terminated without any further notice to you. When your legal
20rights with respect to the child are so terminated, you will
21not be entitled to notice of any proceeding instituted for the
22adoption of the child.
23    If you are not the father of the child, you may file with
24the Clerk of this Court the disclaimer of paternity enclosed
25herewith which will be noted in the Clerk's file and you will
26receive no further notice with respect to the child."

 

 

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1    The declaration of paternity shall be substantially as
2follows:
3
"IN THE CIRCUIT COURT OF THE
4
.......... JUDICIAL CIRCUIT, ILLINOIS
5
.......... County
 
6             )  
7             )  
8             )  No.              )  
9             )
10
DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
11I, ........., state as follows:
12    (1) That I am ......... years of age; and I reside at
13......... in the County of ........., State of .........
14    (2) That I have been advised that ........ is the mother of
15a ...male child named ........ born or expected to be born on
16or about ......... and that such mother has stated that I am
17the father of this child.
18    (3) I declare that I am the father of this child.
19    (4) I understand that the mother of this child wishes to
20consent to the adoption of this child. I do not consent to the
21adoption of this child, and I understand that I must return
22this initial declaration of parentage form to the Clerk of the
23Circuit Court of ....... County, located at ........., within
2430 days of receipt of this notice.
25    (5) I further understand that I am also obligated to
26establish my paternity pursuant to the Illinois Parentage Act

 

 

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1of 2013 1984 within 30 days of my receiving this notice or, if
2the child is not yet born, within 30 days after the birth of
3the child. This proceeding is separate and distinct from the
4above mailing of initial declaration of paternity; in this
5second notice, I must state that I am, in fact, the father of
6said child, and that I intend to retain my legal rights with
7respect to said child, and request to be notified of any
8further proceedings with respect to custody or adoption of the
9child.
10    (6) I hereby enter my appearance in the above entitled
11cause.
12
OATH
13    I have been duly sworn and I say under oath that I have
14read and understand this Declaration of Paternity With Entry of
15Appearance. The facts that it contains are true and correct to
16the best of my knowledge, and I understand that by signing this
17document I admit my paternity. I have signed this document as
18my free and voluntary act.
19
...........
20
(signature)
21Dated (insert date).
22Signed and sworn before me on (insert date).
23
................
24
(notary public)".

 
25

 

 

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1    The disclaimer of paternity shall be substantially as
2follows:
3
"IN THE CIRCUIT COURT OF THE
4
.......... JUDICIAL CIRCUIT, ILLINOIS
5
.......... County
 
6             )  
7             )  
8             )  No.              )  
9             )
10
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
11
AND CONSENT TO ADOPTION
12I, .........., state as follows:
13    (1) That I am ..... years of age; and I reside at
14.......... in the County of .........., State of ...........
15    (2) That I have been advised that .......... is the mother
16of a .....male child named ..... born or expected to be born on
17or about ..... and that such mother has stated that I am the
18father of this child.
19    (3) I deny that I am the father of this child.
20    (4) I further understand that the mother of this child
21wishes to consent to the adoption of the child. I hereby
22consent to the adoption of this child, and waive any rights,
23remedies and defenses that I may now or in the future have as a
24result of the mother's allegation of the paternity of this
25child. This consent is being given in order to facilitate the
26adoption of the child and so that the court may terminate what

 

 

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1rights I may have to the child as a result of being named the
2father by the mother. This consent is not in any manner an
3admission of paternity.
4    (5) I hereby enter my appearance in the above entitled
5cause and waive service of summons and other pleading.
6
OATH
7    I have been duly sworn and I say under oath that I have
8read and understood this Denial of Paternity With Entry of
9Appearance and Consent to Adoption. The facts it contains are
10true and correct to the best of my knowledge, and I understand
11that by signing this document I have not admitted paternity. I
12have signed this document as my free and voluntary act in order
13to facilitate the adoption of the child.
14
...........
15
(signature)
16Dated (insert date).
17Signed and sworn before me on (insert date).
18
.................
19
(notary public)".

 
20
21    The names of adoptive parents shall not be included in the
22notice.
23    3. If the putative father files a disclaimer of paternity,
24he shall be deemed not to be the father of the child with
25respect to any adoption or other proceeding held to terminate

 

 

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1the rights of parents as respects such child.
2    4. In the event the putative father does not file a
3declaration of paternity of the child or request for notice
4within 30 days of service of the above notice, he need not be
5made a party to or given notice of any proceeding brought for
6the adoption of the child. An Order or judgment may be entered
7in such proceeding terminating all of his rights with respect
8to the child without further notice to him.
9    5. If the putative father files a declaration of paternity
10or a request for notice in accordance with subsection 2, with
11respect to the child, he shall be given notice in event any
12proceeding is brought for the adoption of the child.
13    6. The Clerk shall maintain separate numbered files and
14records of requests and proofs of service and all other
15documents filed pursuant to this article. All such records
16shall be impounded.
17(Source: P.A. 91-357, eff. 7-29-99.)
 
18    (750 ILCS 50/18.06)
19    Sec. 18.06. Definitions. When used in Sections 18.05
20through Section 18.6, for the purposes of the Registry:
21    "Adopted person" means a person who was adopted pursuant to
22the laws in effect at the time of the adoption.
23    "Adoptive parent" means a person who has become a parent
24through the legal process of adoption.
25    "Adult child" means the biological child 21 years of age or

 

 

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1over of a deceased adopted or surrendered person.
2    "Adult Adopted or Surrendered Person" means an adopted or
3surrendered person 21 years of age or over.
4    "Agency" means a public child welfare agency or a licensed
5child welfare agency.
6    "Birth aunt" means the adult full or half sister of a
7deceased birth parent.
8    "Birth father" means the biological father of an adopted or
9surrendered person who is named on the original certificate of
10live birth or on a consent or surrender document, or a
11biological father whose paternity has been established by a
12judgment or order of the court, pursuant to the Illinois
13Parentage Act of 1984 or the Illinois Parentage Act of 2013.
14    "Birth mother" means the biological mother of an adopted or
15surrendered person.
16    "Birth parent" means a birth mother or birth father of an
17adopted or surrendered person.
18    "Birth Parent Preference Form" means the form prepared by
19the Department of Public Health pursuant to Section 18.2
20completed by a birth parent registrant and filed with the
21Registry that indicates the birth parent's preferences
22regarding contact and, if applicable, the release of his or her
23identifying information on the non-certified copy of the
24original birth certificate released to an adult adopted or
25surrendered person or to the surviving adult child or surviving
26spouse of a deceased adopted or surrendered person who has

 

 

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

 

 

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1    "Proof of death" means a death certificate.
2    "Registrant" or "Registered Party" means a birth parent,
3birth sibling, birth aunt, birth uncle, adopted or surrendered
4person 21 years of age or over, adoptive parent or legal
5guardian of an adopted or surrendered person under the age of
621, or adoptive parent, surviving spouse, or adult child of a
7deceased adopted or surrendered person who has filed an
8Illinois Adoption Registry Application or Registration
9Identification Form with the Registry.
10    "Registry" means the Illinois Adoption Registry and
11Medical Information Exchange.
12    "Request for a Non-Certified Copy of an Original Birth
13Certificate" means an affidavit completed by an adult adopted
14or surrendered person or by the surviving adult child or
15surviving spouse of a deceased adopted or surrendered person
16and filed with the Registry requesting a non-certified copy of
17an adult adopted or surrendered person's original certificate
18of live birth in Illinois.
19    "Surrendered person" means a person whose parents' rights
20have been surrendered or terminated but who has not been
21adopted.
22    "Surviving spouse" means the wife or husband, 21 years of
23age or older, of a deceased adopted or surrendered person who
24would be 21 years of age or older if still alive and who has one
25or more surviving biological children who are under the age of
2621.

 

 

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1    "18.3 Statement" means a statement regarding the
2disclosure of identifying information signed by a birth parent
3under Section 18.3 of this Act as it existed immediately prior
4to the effective date of this amendatory Act of the 96th
5General Assembly.
6(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
 
7    Section 973. The Illinois Domestic Violence Act of 1986 is
8amended by changing Sections 202 and 214 as follows:
 
9    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
10    Sec. 202. Commencement of action; filing fees; dismissal.
11    (a) How to commence action. Actions for orders of
12protection are commenced:
13        (1) Independently: By filing a petition for an order of
14    protection in any civil court, unless specific courts are
15    designated by local rule or order.
16        (2) In conjunction with another civil proceeding: By
17    filing a petition for an order of protection under the same
18    case number as another civil proceeding involving the
19    parties, including but not limited to: (i) any proceeding
20    under the Illinois Marriage and Dissolution of Marriage
21    Act, Illinois Parentage Act of 2013 1984, Nonsupport of
22    Spouse and Children Act, Revised Uniform Reciprocal
23    Enforcement of Support Act or an action for nonsupport
24    brought under Article 10 of the Illinois Public Aid Code,

 

 

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1    provided that a petitioner and the respondent are a party
2    to or the subject of that proceeding or (ii) a guardianship
3    proceeding under the Probate Act of 1975, or a proceeding
4    for involuntary commitment under the Mental Health and
5    Developmental Disabilities Code, or any proceeding, other
6    than a delinquency petition, under the Juvenile Court Act
7    of 1987, provided that a petitioner or the respondent is a
8    party to or the subject of such proceeding.
9        (3) In conjunction with a delinquency petition or a
10    criminal prosecution: By filing a petition for an order of
11    protection, under the same case number as the delinquency
12    petition or criminal prosecution, to be granted during
13    pre-trial release of a defendant, with any dispositional
14    order issued under Section 5-710 of the Juvenile Court Act
15    of 1987 or as a condition of release, supervision,
16    conditional discharge, probation, periodic imprisonment,
17    parole or mandatory supervised release, or in conjunction
18    with imprisonment or a bond forfeiture warrant; provided
19    that:
20            (i) the violation is alleged in an information,
21        complaint, indictment or delinquency petition on file,
22        and the alleged offender and victim are family or
23        household members or persons protected by this Act; and
24            (ii) the petition, which is filed by the State's
25        Attorney, names a victim of the alleged crime as a
26        petitioner.

 

 

HB1243 Engrossed- 251 -LRB098 03015 HEP 33030 b

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

 

 

HB1243 Engrossed- 252 -LRB098 03015 HEP 33030 b

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

 

 

HB1243 Engrossed- 253 -LRB098 03015 HEP 33030 b

1this Section and one of the following Sections, as appropriate:
2Section 217 on emergency orders, Section 218 on interim orders,
3and Section 219 on plenary orders. The remedies listed in this
4subsection shall be in addition to other civil or criminal
5remedies available to petitioner.
6        (1) Prohibition of abuse, neglect, or exploitation.
7    Prohibit respondent's harassment, interference with
8    personal liberty, intimidation of a dependent, physical
9    abuse, or willful deprivation, neglect or exploitation, as
10    defined in this Act, or stalking of the petitioner, as
11    defined in Section 12-7.3 of the Criminal Code of 2012, if
12    such abuse, neglect, exploitation, or stalking has
13    occurred or otherwise appears likely to occur if not
14    prohibited.
15        (2) Grant of exclusive possession of residence.
16    Prohibit respondent from entering or remaining in any
17    residence, household, or premises of the petitioner,
18    including one owned or leased by respondent, if petitioner
19    has a right to occupancy thereof. The grant of exclusive
20    possession of the residence, household, or premises shall
21    not affect title to real property, nor shall the court be
22    limited by the standard set forth in Section 701 of the
23    Illinois Marriage and Dissolution of Marriage Act.
24            (A) Right to occupancy. A party has a right to
25        occupancy of a residence or household if it is solely
26        or jointly owned or leased by that party, that party's

 

 

HB1243 Engrossed- 254 -LRB098 03015 HEP 33030 b

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

 

 

HB1243 Engrossed- 255 -LRB098 03015 HEP 33030 b

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

 

 

HB1243 Engrossed- 256 -LRB098 03015 HEP 33030 b

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

 

 

HB1243 Engrossed- 257 -LRB098 03015 HEP 33030 b

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

 

 

HB1243 Engrossed- 258 -LRB098 03015 HEP 33030 b

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

 

 

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1    minor child's primary caretaker, or to otherwise protect
2    the well-being of the minor child, the court may do either
3    or both of the following: (i) grant petitioner physical
4    care or possession of the minor child, or both, or (ii)
5    order respondent to return a minor child to, or not remove
6    a minor child from, the physical care of a parent or person
7    in loco parentis.
8        If a court finds, after a hearing, that respondent has
9    committed abuse (as defined in Section 103) of a minor
10    child, there shall be a rebuttable presumption that
11    awarding physical care to respondent would not be in the
12    minor child's best interest.
13        (6) Temporary legal custody. Award temporary legal
14    custody to petitioner in accordance with this Section, the
15    Illinois Marriage and Dissolution of Marriage Act, the
16    Illinois Parentage Act of 2013 1984, and this State's
17    Uniform Child-Custody Jurisdiction and Enforcement Act.
18        If a court finds, after a hearing, that respondent has
19    committed abuse (as defined in Section 103) of a minor
20    child, there shall be a rebuttable presumption that
21    awarding temporary legal custody to respondent would not be
22    in the child's best interest.
23        (7) Visitation. Determine the visitation rights, if
24    any, of respondent in any case in which the court awards
25    physical care or temporary legal custody of a minor child
26    to petitioner. The court shall restrict or deny

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        The court shall issue a warrant for seizure of any
2        firearm in the possession of the respondent, to be kept
3        by the local law enforcement agency for safekeeping,
4        except as provided in subsection (b). The period of
5        safekeeping shall be for the duration of the order of
6        protection. The firearm or firearms and Firearm
7        Owner's Identification Card, if unexpired, shall at
8        the respondent's request, be returned to the
9        respondent at the end of the order of protection. It is
10        the respondent's responsibility to notify the
11        Department of State Police Firearm Owner's
12        Identification Card Office.
13            (b) If the respondent is a peace officer as defined
14        in Section 2-13 of the Criminal Code of 2012, the court
15        shall order that any firearms used by the respondent in
16        the performance of his or her duties as a peace officer
17        be surrendered to the chief law enforcement executive
18        of the agency in which the respondent is employed, who
19        shall retain the firearms for safekeeping for the
20        duration of the order of protection.
21            (c) Upon expiration of the period of safekeeping,
22        if the firearms or Firearm Owner's Identification Card
23        cannot be returned to respondent because respondent
24        cannot be located, fails to respond to requests to
25        retrieve the firearms, or is not lawfully eligible to
26        possess a firearm, upon petition from the local law

 

 

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1        enforcement agency, the court may order the local law
2        enforcement agency to destroy the firearms, use the
3        firearms for training purposes, or for any other
4        application as deemed appropriate by the local law
5        enforcement agency; or that the firearms be turned over
6        to a third party who is lawfully eligible to possess
7        firearms, and who does not reside with respondent.
8        (15) Prohibition of access to records. If an order of
9    protection prohibits respondent from having contact with
10    the minor child, or if petitioner's address is omitted
11    under subsection (b) of Section 203, or if necessary to
12    prevent abuse or wrongful removal or concealment of a minor
13    child, the order shall deny respondent access to, and
14    prohibit respondent from inspecting, obtaining, or
15    attempting to inspect or obtain, school or any other
16    records of the minor child who is in the care of
17    petitioner.
18        (16) Order for payment of shelter services. Order
19    respondent to reimburse a shelter providing temporary
20    housing and counseling services to the petitioner for the
21    cost of the services, as certified by the shelter and
22    deemed reasonable by the court.
23        (17) Order for injunctive relief. Enter injunctive
24    relief necessary or appropriate to prevent further abuse of
25    a family or household member or further abuse, neglect, or
26    exploitation of a high-risk adult with disabilities or to

 

 

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

 

 

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

 

 

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1    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
2    the following procedure:
3        When a verified petition for an emergency order of
4    protection in accordance with the requirements of Sections
5    203 and 217 is presented to the court, the court shall
6    examine petitioner on oath or affirmation. An emergency
7    order of protection shall be issued by the court if it
8    appears from the contents of the petition and the
9    examination of petitioner that the averments are
10    sufficient to indicate abuse by respondent and to support
11    the granting of relief under the issuance of the emergency
12    order of protection.
13        (5) Never married parties. No rights or
14    responsibilities for a minor child born outside of marriage
15    attach to a putative father until a father and child
16    relationship has been established under the Illinois
17    Parentage Act of 1984, the Illinois Parentage Act of 2013,
18    the Illinois Public Aid Code, Section 12 of the Vital
19    Records Act, the Juvenile Court Act of 1987, the Probate
20    Act of 1985, the Revised Uniform Reciprocal Enforcement of
21    Support Act, the Uniform Interstate Family Support Act, the
22    Expedited Child Support Act of 1990, any judicial,
23    administrative, or other act of another state or territory,
24    any other Illinois statute, or by any foreign nation
25    establishing the father and child relationship, any other
26    proceeding substantially in conformity with the Personal

 

 

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1    Responsibility and Work Opportunity Reconciliation Act of
2    1996 (Pub. L. 104-193), or where both parties appeared in
3    open court or at an administrative hearing acknowledging
4    under oath or admitting by affirmation the existence of a
5    father and child relationship. Absent such an
6    adjudication, finding, or acknowledgement, no putative
7    father shall be granted temporary custody of the minor
8    child, visitation with the minor child, or physical care
9    and possession of the minor child, nor shall an order of
10    payment for support of the minor child be entered.
11    (d) Balance of hardships; findings. If the court finds that
12the balance of hardships does not support the granting of a
13remedy governed by paragraph (2), (3), (10), (11), or (16) of
14subsection (b) of this Section, which may require such
15balancing, the court's findings shall so indicate and shall
16include a finding as to whether granting the remedy will result
17in hardship to respondent that would substantially outweigh the
18hardship to petitioner from denial of the remedy. The findings
19shall be an official record or in writing.
20    (e) Denial of remedies. Denial of any remedy shall not be
21based, in whole or in part, on evidence that:
22        (1) Respondent has cause for any use of force, unless
23    that cause satisfies the standards for justifiable use of
24    force provided by Article 7 of the Criminal Code of 2012;
25        (2) Respondent was voluntarily intoxicated;
26        (3) Petitioner acted in self-defense or defense of

 

 

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1    another, provided that, if petitioner utilized force, such
2    force was justifiable under Article 7 of the Criminal Code
3    of 2012;
4        (4) Petitioner did not act in self-defense or defense
5    of another;
6        (5) Petitioner left the residence or household to avoid
7    further abuse, neglect, or exploitation by respondent;
8        (6) Petitioner did not leave the residence or household
9    to avoid further abuse, neglect, or exploitation by
10    respondent;
11        (7) Conduct by any family or household member excused
12    the abuse, neglect, or exploitation by respondent, unless
13    that same conduct would have excused such abuse, neglect,
14    or exploitation if the parties had not been family or
15    household members.
16(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
1797-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;
1897-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
19    Section 974. The Business Corporation Act of 1983 is
20amended by changing Section 1.25 as follows:
 
21    (805 ILCS 5/1.25)  (from Ch. 32, par. 1.25)
22    Sec. 1.25. List of corporations; exchange of information.
23    (a) The Secretary of State shall publish each year a list
24of corporations filing an annual report for the preceding year

 

 

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1in accordance with the provisions of this Act, which report
2shall state the name of the corporation and the respective
3names and addresses of the president, secretary, and registered
4agent thereof and the address of the registered office in this
5State of each such corporation. The Secretary of State shall
6furnish without charge a copy of such report to each recorder
7of this State, and to each member of the General Assembly and
8to each State agency or department requesting the same. The
9Secretary of State shall, upon receipt of a written request and
10a fee as determined by the Secretary, furnish such report to
11anyone else.
12    (b) (1) The Secretary of State shall publish daily a list
13of all newly formed corporations, business and not for profit,
14chartered by him on that day issued after receipt of the
15application. The daily list shall contain the same information
16as to each corporation as is provided for the corporation list
17published under subsection (a) of this Section. The daily list
18may be obtained at the Secretary's office by any person,
19newspaper, State department or agency, or local government for
20a reasonable charge to be determined by the Secretary.
21Inspection of the daily list may be made at the Secretary's
22office during normal business hours without charge by any
23person, newspaper, State department or agency, or local
24government.
25    (2) The Secretary shall compile the daily list mentioned in
26paragraph (1) of subsection (b) of this Section monthly, or

 

 

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1more often at the Secretary's discretion. The compilation shall
2be immediately mailed free of charge to all local governments
3requesting in writing receipt of such publication, or shall be
4automatically mailed by the Secretary without charge to local
5governments as determined by the Secretary. The Secretary shall
6mail a copy of the compilations free of charge to all State
7departments or agencies making a written request. A request for
8a compilation of the daily list once made by a local government
9or State department or agency need not be renewed. However, the
10Secretary may request from time to time whether the local
11governments or State departments or agencies desire to continue
12receiving the compilation.
13    (3) The compilations of the daily list mentioned in
14paragraph (2) of subsection (b) of this Section shall be mailed
15to newspapers, or any other person not included as a recipient
16in paragraph (2) of subsection (b) of this Section, upon
17receipt of a written application signed by the applicant and
18accompanied by the payment of a fee as determined by the
19Secretary.
20    (c) If a domestic or foreign corporation has filed with the
21Secretary of State an annual report for the preceding year or
22has been newly formed or is otherwise and in any manner
23registered with the Secretary of State, the Secretary of State
24shall exchange with the Department of Healthcare and Family
25Services any information concerning that corporation that may
26be 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    Notwithstanding any provisions in this Act to the contrary,
8the Secretary of State shall not be liable to any person for
9any disclosure of information to the Department of Healthcare
10and Family Services (formerly Illinois Department of Public
11Aid) under this subsection or for any other action taken in
12good faith to comply with the requirements of this subsection.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    Section 975. The Limited Liability Company Act is amended
15by changing Section 50-5 as follows:
 
16    (805 ILCS 180/50-5)
17    Sec. 50-5. List of limited liability companies; exchange of
18information.
19    (a) The Secretary of State may publish a list or lists of
20limited liability companies and foreign limited liability
21companies, as often, in the format, and for the fees as the
22Secretary of State may in his or her discretion provide by
23rule. The Secretary of State may disseminate information
24concerning limited liability companies and foreign limited

 

 

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1liability companies by computer network in the format and for
2the fees as may be determined by rule.
3    (b) Upon written request, any list published under
4subsection (a) shall be free to each member of the General
5Assembly, to each State agency or department, and to each
6recorder in this State. An appropriate fee established by rule
7to cover the cost of producing the list shall be charged to all
8others.
9    (c) If a domestic or foreign limited liability company has
10filed with the Secretary of State an annual report for the
11preceding year or has been newly formed or is otherwise and in
12any manner registered with the Secretary of State, the
13Secretary of State shall exchange with the Department of
14Healthcare and Family Services any information concerning that
15limited liability company that may be necessary for the
16enforcement of child support orders entered pursuant to the
17Illinois Public Aid Code, the Illinois Marriage and Dissolution
18of Marriage Act, the Non-Support of Spouse and Children Act,
19the Non-Support Punishment Act, the Revised Uniform Reciprocal
20Enforcement of Support Act, the Uniform Interstate Family
21Support Act, or the Illinois Parentage Act of 1984, or the
22Illinois Parentage Act of 2013.
23    Notwithstanding any provisions in this Act to the contrary,
24the Secretary of State shall not be liable to any person for
25any disclosure of information to the Department of Healthcare
26and Family Services (formerly Illinois Department of Public

 

 

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1Aid) under this subsection or for any other action taken in
2good faith to comply with the requirements of this subsection.
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    (750 ILCS 40/Act rep.)
5    Section 976. The Illinois Parentage Act is repealed.
 
6    (750 ILCS 45/Act rep.)
7    Section 977. The Illinois Parentage Act of 1984 is
8repealed.