HB4447ham002 99TH GENERAL ASSEMBLY

Rep. Kelly M. Burke

Filed: 3/2/2016

09900HB4447ham002 LRB099 16017 HEP 45775 a

AMENDMENT TO HOUSE BILL 4447

AMENDMENT NO. ______. Amend House Bill 4447 on page 1, line 5, by changing "304," to "303, 304, 305, 307, 308, 309, 310, 311, 312, 313,"; and

on page 1, line 6, by changing "and 809" to "809, 903, and 904"; and

on page 11, by replacing lines 7 through 13 with the following:

"(5) state that the signatories understand that the voluntary acknowledgment is the equivalent of a judicial adjudication of parentage of the child and that: (i) a challenge by a signatory to the voluntary acknowledgment may be permitted only upon a showing of fraud, duress, or material mistake of fact; and (ii) a challenge to the voluntary acknowledgment is barred after 2 years unless that period is tolled pursuant to the law a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 2 years."; and

on page 11, line 23, by changing "an" to "a voluntary an"; and

on page 11, by inserting immediately below line 25 the following:

"(750 ILCS 46/303)

Sec. 303. Denial of parentage. A presumed parent may sign a denial of parentage. The denial is valid only if:

(a) a voluntary acknowledgment described in Section 301 of this Act signed, or otherwise authenticated, by a man is filed pursuant to Section 305 of this Act;

(b) the denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and

(c) the presumed parent has not previously:

(1) acknowledged his parentage, unless the previous voluntary acknowledgment has been rescinded under Section 307 of this Act or successfully challenged under Section 308 of this Act; or

(2) been adjudicated to be the parent of the child.

(Source: P.A. 99-85, eff. 1-1-16.)"; and

on page 12, line 2, after "for", by inserting "voluntary"; and

on page 12, line 3, by changing "An" to "A voluntary An"; and

on page 12, line 4, after "denial", by inserting "of parentage"; and

on page 12, line 6, after "the", by inserting "voluntary"; and

on page 12, line 8, by changing "An" to "A voluntary An"; and

on page 12, line 14, by changing "An" to "A voluntary An"; and

on page 12, by inserting immediately below line 16 the following:

"(750 ILCS 46/305)

Sec. 305. Effect of voluntary acknowledgment or denial of parentage.

(a) Except as otherwise provided in Sections 307 and 308 of this Act, a valid voluntary acknowledgment filed with the Department of Healthcare and Family Services, as provided by law, is equivalent to an adjudication of the parentage of a child and confers upon the acknowledged father all of the rights and duties of a parent.

(b) Notwithstanding any other provision of this Act, parentage established in accordance with Section 301 of this Act has the full force and effect of a judgment entered under this Act and serves as a basis for seeking a child support order without any further proceedings to establish parentage.

(c) Except as otherwise provided in Sections 307 and 308 of this Act, a valid denial by a presumed parent filed with the Department of Healthcare and Family Services, as provided by law, in conjunction with a voluntary acknowledgment, is equivalent to an adjudication of the nonparentage of the presumed parent and discharges the presumed parent from all rights and duties of a parent.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/307)

Sec. 307. Proceeding for rescission. A signatory may rescind a voluntary acknowledgment or denial by filing a signed and witnessed rescission with the Department of Healthcare and Family Services as provided in Section 12 of the Vital Records Act, before the earlier of:

(a) 60 days after the effective date of the voluntary acknowledgment or denial, as provided in Section 304 of this Act; or

(b) the date of a judicial or administrative proceeding relating to the child (including a proceeding to establish a support order) in which the signatory is a party.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/308)

Sec. 308. Challenge after expiration of period for rescission. After the period for rescission under Section 307 of this Act has expired, a signatory of a voluntary acknowledgment or denial may commence a proceeding to challenge the voluntary acknowledgment or denial only as provided in Section 309 of this Act.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/309)

Sec. 309. Procedure for challenge.

(a) A voluntary acknowledgment and any related denial may be challenged only on the basis of fraud, duress, or material mistake of fact by filing a verified petition under this Section within 2 years after the effective date of the voluntary acknowledgment or denial, as provided in Section 304 of this Act. Time during which the person challenging the voluntary acknowledgment or denial is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years.

(b) The verified complaint, which shall be designated a petition, shall be filed in the county where a proceeding relating to the child was brought, such as a support proceeding or, if none exists, in the county where the child resides. Every signatory to the voluntary acknowledgment and any related denial must be made a party to a proceeding to challenge the voluntary acknowledgment or denial. The party challenging the voluntary acknowledgment or denial shall have the burden of proof. The burden of proof to challenge a voluntary acknowledgment is clear and convincing evidence.

(c) For the purpose of a challenge to a voluntary an acknowledgment or denial, a signatory submits to personal jurisdiction of this State by signing the voluntary acknowledgment and any related denial, effective upon the filing of the voluntary acknowledgment and any related denial with the Department of Healthcare and Family Services, as provided in Section 12 of the Vital Records Act.

(d) Except for good cause shown, during the pendency of a proceeding to challenge a voluntary an acknowledgment or denial, the court may not suspend the legal responsibilities of a signatory arising from the voluntary acknowledgment, including the duty to pay child support.

(e) At the conclusion of a proceeding to challenge a voluntary an acknowledgment or denial, the court shall order the Department of Public Health to amend the birth record of the child, if appropriate. A copy of an order entered at the conclusion of a proceeding to challenge shall be provided to the Department of Healthcare and Family Services.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/310)

Sec. 310. Ratification barred. A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged voluntary acknowledgment described in Section 301 of this Act.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/311)

Sec. 311. Full faith and credit. A court of this State shall give full faith and credit to a valid voluntary acknowledgment or denial of parentage effective in another state if the voluntary acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/312)

Sec. 312. Forms for voluntary acknowledgment and denial of parentage.

(a) To facilitate compliance with this Article, the Department of Healthcare and Family Services shall prescribe forms for the voluntary acknowledgment and the denial of parentage and for the rescission of the voluntary acknowledgment or denial of parentage consistent with Section 307 of this Act.

(b) A voluntary acknowledgment, or denial, or rescission of voluntary acknowledgment or denial of parentage, regardless of which version of the prescribed form is used, is not affected by a later modification of the prescribed form.

(c) Any voluntary acknowledgment, denial, or rescission of voluntary acknowledgement or denial of parentage that was completed before January 1, 2016 is valid if it met all criteria for validity at the time it was signed.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/313)

Sec. 313. Release of information. The Department of Healthcare and Family Services may release information relating to the voluntary acknowledgment described in Section 301 of this Act, or the related denial, to a signatory of the voluntary acknowledgment or denial; to the child's guardian, the emancipated child, or the legal representatives of those individuals; to appropriate federal agencies; and to courts and appropriate agencies of this State or another state.

(Source: P.A. 99-85, eff. 1-1-16.)"; and

on page 12, line 21, after "child", by inserting ", including a non-minor child with a disability,"; and

on page 13, line 10, by changing "505 and 505.2" to "505, and 505.2, and 513.5"; and

on page 16, by replacing lines 21 through 23 with the following:

"(g) any person or public agency that has physical possession of or has custody of or has been allocated parental responsibilities for custody of, is providing financial"; and

on page 18, line 6, by changing "child representative" to "the child"; and

on page 19, line 24, after "child."; by inserting "It shall be presumed to be equitable and in the best interests of the child to grant a motion by the child seeking an order for genetic testing. The presumption may be overcome by clear and convincing evidence that extraordinary circumstances exist making the genetic testing contrary to the child's best interests. The court's order denying a child's request for genetic testing must state the basis upon which the presumption was overcome."; and

on page 24, by replacing lines 21 through 26 with the following:

"(c) In the absence of an explicit order or judgment for the allocation of parental responsibilities If a judgment of parentage contains no explicit award of custody, the establishment of a child support obligation or the allocation of parenting time to rights in one parent shall be construed as an order or judgment allocating all parental responsibilities considered a judgment granting custody to the other parent. If the parentage order or judgment contains no such provisions, all parental responsibilities custody shall be presumed to be allocated to with the mother; however, the presumption shall not apply if the child has resided primarily with the other parent father has had physical custody for at least 6 months prior to the date that the mother seeks to enforce the order or judgment of parentage custodial rights."; and

on page 25, by deleting lines 1 through 6; and

on page 25, line 21, by changing "father's prior knowledge" to "father's prior knowledge of the person obligated to pay support"; and

on page 25, line 26, by changing "father" to "person obligated to pay support father"; and

on page 26, line 1, by changing "his help" to "the his help of the person obligated to pay support"; and

on page 26, line 5, by changing "father" to "person obligated to pay support father"; and

on page 26, line 10, by changing "father's net income" to "father's net income of the person obligated to pay support"; and

on page 26, line 11, by changing "his net income" to "the his net income of the person obligated to pay support"; and

on page 26, line 13, by changing "non-custodial parent" to "person obligated to pay support non-custodial parent"; and

on page 26, line 15, by changing "non-custodial parent's ability to pay child support" to "non custodial parent's ability to pay child support of the person obligated to pay support"; and

on page 26, line 16, by changing "non-custodial parent" to "person obligated to pay support non-custodial parent"; and

on page 26, line 18, by changing "non-custodial parent" to "person obligated to pay support non-custodial parent"; and

on page 26, line 21, by changing "non-custodial parent's ability to pay child support" to "non custodial parent's ability to pay child support of the person obligated to pay support"; and

on page 35, line 21, by changing "physical possession" to "custody"; and

on page 39, by inserting immediately below line 22 the following:

"(750 ILCS 46/903)

Sec. 903. Transitional provision. A proceeding to adjudicate parentage which was commenced before the effective date of this Act is governed by the law in effect at the time the proceeding was commenced, except that this Act applies to all pending actions and proceedings commenced before January 1, 2016 with respect to issues on which a judgment has not been entered.

(Source: P.A. 99-85, eff. 1-1-16.)

(750 ILCS 46/904)

Sec. 904. Savings provision. The repeal of the Illinois Parentage Act of 1984 and the Illinois Parentage Act shall not affect rights or liabilities under that Act those Acts which have been determined, settled, or adjudicated prior to the effective date of this Act or which are the subject of proceedings pending on the effective date of this Act. This Act shall not be construed to bar an action which would have been barred because the action had not been filed within a time limitation under the Illinois Parentage Act of 1984 and the Illinois Parentage Act, or which could not have been maintained under that Act those Acts, as long as the action is not barred by a limitations period set forth in this Act.

(Source: P.A. 99-85, eff. 1-1-16.)".