Full Text of HB1485 99th General Assembly
HB1485eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 10-14.1 and 10-15.1 as follows:
| 6 | | (305 ILCS 5/10-14.1)
| 7 | | Sec. 10-14.1. Relief from administrative orders. | 8 | | (a) Subject to subsection (b), notwithstanding | 9 | | Notwithstanding the
30-day appeal period provided in Sections | 10 | | 10-12 and 10-12.1 and the limitation
on review of final | 11 | | administrative decisions contained in Section 10-14, a
| 12 | | responsible relative or a person receiving child support
| 13 | | enforcement services
under this Article who is aggrieved by an | 14 | | administrative order entered under
Section 10-11 or 10-11.1 or | 15 | | an administrative determination of paternity
entered under | 16 | | Section 10-17.7 and who did not petition within the 30-day | 17 | | appeal
period may petition the Illinois Department for relief | 18 | | from the administrative
order or determination on the same | 19 | | grounds as are provided for relief from
judgments
under Section | 20 | | 2-1401 of the Code of Civil Procedure. The petition must be
| 21 | | filed not later than 2 years after the entry of the order or | 22 | | determination by
the Illinois Department. The day immediately | 23 | | subsequent to the mailing of the
order or determination shall |
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| 1 | | be considered as the first day and the day the
petition is | 2 | | received by the Illinois Department shall be considered as the | 3 | | last
day in computing the 2-year period. Any
period during | 4 | | which the person seeking relief is under a legal disability or
| 5 | | duress or during which the grounds for relief are fraudulently | 6 | | concealed shall
be
excluded in computing the period of 2 years.
| 7 | | Upon receiving a petition within the 2-year period, the | 8 | | Illinois Department
shall provide for a hearing to be held on | 9 | | the petition.
| 10 | | (b) Nothing in this Section shall be construed to prohibit | 11 | | an action under subsection (b) of Section 4.1 of the Illinois | 12 | | Parentage Act of 1984 to challenge an administrative | 13 | | determination of paternity entered under Section 10-17.7. | 14 | | (Source: P.A. 92-590, eff. 7-1-02.)
| 15 | | (305 ILCS 5/10-15.1) | 16 | | Sec. 10-15.1. Judicial registration of administrative
| 17 | | support orders and administrative paternity orders . | 18 | | (a) A final administrative support order or a final | 19 | | administrative paternity order, excluding a voluntary | 20 | | acknowledgement or denial of paternity that is governed by | 21 | | other provisions of this Code, the Illinois Parentage Act of | 22 | | 1984, and the Vital Records Act, established by the
Illinois | 23 | | Department under this Article X may be registered in
the | 24 | | appropriate circuit court of this State by the Department
or by | 25 | | a party to the order by filing: |
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| 1 | | (1) Two copies, including one certified copy of the
| 2 | | order to be registered, any modification of the | 3 | | administrative
support order, any voluntary acknowledgment | 4 | | of paternity
pertaining to the child covered by the order, | 5 | | and the documents
showing service of the notice of support | 6 | | obligation that commenced
the procedure for establishment | 7 | | of the administrative support
order or the administrative | 8 | | paternity order pursuant to Section 10-4 of this Code. | 9 | | (2) A sworn statement by the person requesting
| 10 | | registration or a certified copy of the Department payment
| 11 | | record showing the amount of any past due support accrued
| 12 | | under the administrative support order. | 13 | | (3) The name of the obligor and, if known, the
| 14 | | obligor's address and social security number. | 15 | | (4) The name of the obligee and the obligee's address,
| 16 | | unless the obligee alleges in an affidavit or pleading
| 17 | | under oath that the health, safety, or liberty of the
| 18 | | obligee or child would be jeopardized by disclosure of
| 19 | | specific identifying information, in which case that
| 20 | | information must be sealed and may not be disclosed to the
| 21 | | other party or public. After a hearing in which the court
| 22 | | takes into consideration the health, safety, or liberty of
| 23 | | the party or child, the court may order disclosure of
| 24 | | information that the court determines to be in the interest
| 25 | | of justice. | 26 | | (b) The filing of an administrative support order or an |
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| 1 | | administrative paternity order under
subsection (a) | 2 | | constitutes registration with the circuit
court. | 3 | | (c) (Blank). | 4 | | (c-5) Every notice of registration must be accompanied by a | 5 | | copy of the registered administrative support order or the | 6 | | registered administrative paternity order and the documents | 7 | | and relevant information accompanying the order pursuant to | 8 | | subsection (a). | 9 | | (d) (Blank). | 10 | | (d-5) The registering party shall serve notice of the | 11 | | registration on the other party by first class mail, unless the | 12 | | administrative support order or the administrative paternity | 13 | | order was entered by default or the registering party is also | 14 | | seeking an affirmative remedy. The registering party shall | 15 | | serve notice on the Department in all cases by first class | 16 | | mail. | 17 | | (1) If the administrative support order or the | 18 | | administrative paternity order was entered by default | 19 | | against the obligor, the obligor must be served with the | 20 | | registration by any method provided by law for service of | 21 | | summons. | 22 | | (2) If a petition or comparable pleading seeking an | 23 | | affirmative remedy is filed with the registration, the | 24 | | non-moving party must be served with the registration and | 25 | | the affirmative pleading by any method provided by law for | 26 | | service of summons. |
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| 1 | | (e) A notice of registration of an administrative support
| 2 | | order or an administrative paternity order must provide the | 3 | | following information: | 4 | | (1) That a registered administrative order is
| 5 | | enforceable in the same manner as an order for support or | 6 | | an order for paternity
issued by the circuit court. | 7 | | (2) That a hearing to contest enforcement of the
| 8 | | registered administrative support order or the registered | 9 | | administrative paternity order must be requested
within 30 | 10 | | days after the date of service of the notice. | 11 | | (3) That failure to contest, in a timely manner, the
| 12 | | enforcement of the registered administrative
support order | 13 | | or the registered administrative paternity order shall | 14 | | result in confirmation of the order and
enforcement of the | 15 | | order and the alleged arrearages and
precludes further | 16 | | contest of that order with respect to any
matter that could | 17 | | have been asserted. | 18 | | (4) The amount of any alleged arrearages. | 19 | | (f) A nonregistering party seeking to contest enforcement
| 20 | | of a registered administrative support order or a registered | 21 | | administrative paternity order shall request
a hearing within | 22 | | 30 days after the date of service
of notice of the | 23 | | registration. The nonregistering party may
seek to vacate the | 24 | | registration, to assert any defense to an
allegation of | 25 | | noncompliance with the registered administrative
support order | 26 | | or the registered administrative paternity order , or to contest |
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| 1 | | the remedies being sought or the
amount of any alleged | 2 | | arrearages. | 3 | | (g) If the nonregistering party fails to contest the
| 4 | | enforcement of the registered administrative
support order or | 5 | | the registered administrative paternity order in a timely | 6 | | manner, the order shall be confirmed
by operation of law. | 7 | | (h) If a nonregistering party requests a hearing to contest
| 8 | | the enforcement of the registered administrative
support order | 9 | | or the registered administrative paternity order , the circuit | 10 | | court shall schedule the matter for
hearing and give notice to | 11 | | the parties and the Illinois
Department of the date, time, and | 12 | | place of the hearing. | 13 | | (i) A party contesting the enforcement of a registered | 14 | | administrative support order or a registered administrative | 15 | | paternity order or seeking to vacate
the registration has the | 16 | | burden of proving one or more of the
following defenses: | 17 | | (1) The Illinois Department lacked personal
| 18 | | jurisdiction over the contesting party. | 19 | | (2) The administrative support order or the | 20 | | administrative paternity order was obtained by
fraud. | 21 | | (3) The administrative support order or the | 22 | | administrative paternity order has been vacated,
| 23 | | suspended, or modified by a later order. | 24 | | (4) The Illinois Department has stayed the
| 25 | | administrative support order or the administrative | 26 | | paternity order pending appeal. |
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| 1 | | (5) There is a defense under the law to the remedy | 2 | | sought. | 3 | | (6) Full or partial payment has been made. | 4 | | (j) If a party presents evidence establishing a full or
| 5 | | partial payment defense under subsection (i), the court may
| 6 | | stay enforcement of the registered order, continue the
| 7 | | proceeding to permit production of additional relevant
| 8 | | evidence, and issue other appropriate orders. An uncontested
| 9 | | portion of the registered administrative support order or the | 10 | | registered administrative paternity order may be
enforced by | 11 | | all remedies available under State law. | 12 | | (k) If a contesting party does not establish a defense
| 13 | | under subsection (i) to the enforcement of the
administrative | 14 | | support order or the administrative paternity order , the court | 15 | | shall issue an order
confirming the administrative support | 16 | | order or the administrative paternity order . Confirmation of
| 17 | | the registered administrative support order or the | 18 | | administrative paternity order , whether by operation of law or | 19 | | after notice and hearing, precludes further
contest of the | 20 | | order with respect to any matter that could have
been asserted | 21 | | at the time of registration. Upon confirmation,
the registered | 22 | | administrative support order or the administrative paternity | 23 | | order shall be treated in
the same manner as a support order or | 24 | | a paternity order entered by the circuit court,
including the | 25 | | ability of the court to entertain a petition to
modify the | 26 | | administrative support order due to a substantial
change in |
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| 1 | | circumstances or a petition to modify the administrative | 2 | | paternity order due to clear and convincing evidence regarding | 3 | | paternity , or petitions for visitation or custody
of the child | 4 | | or children covered by the administrative support
order or the | 5 | | administrative paternity order . Nothing in this Section shall | 6 | | be construed to alter the
effect of a final administrative | 7 | | support order or a final administrative paternity order , or the | 8 | | restriction
of judicial review of such a final order to the | 9 | | provisions of the
Administrative Review Law, as provided in | 10 | | Sections Section 10-11 and 10-17.7 of this Code.
| 11 | | (Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.) | 12 | | Section 10. The Illinois Parentage Act of 1984 is amended | 13 | | by changing Sections 4.1 and 8 as follows:
| 14 | | (750 ILCS 45/4.1)
| 15 | | Sec. 4.1. Administrative paternity determinations. | 16 | | (a) Notwithstanding any
other provision of this Act, the
| 17 | | Department of Healthcare and Family Services may make
| 18 | | administrative determinations of paternity and nonpaternity in | 19 | | accordance with
Section 10-17.7 of the Illinois Public Aid | 20 | | Code. These determinations of
paternity or nonpaternity shall | 21 | | have the full force and effect of judgments
entered under this | 22 | | Act.
| 23 | | (b) An administrative determination of paternity that is | 24 | | not based on a voluntary acknowledgment of paternity made in |
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| 1 | | accordance with
Section 10-17.7 of the Illinois Public Aid Code | 2 | | may be
challenged in court on the basis of fraud, duress, or | 3 | | material mistake of
fact, with the burden of proof upon the | 4 | | challenging party. Pending outcome of
the challenge to the | 5 | | administrative determination of paternity, the legal | 6 | | responsibilities of
the parties shall remain in full force and | 7 | | effect, except upon order of the
court upon a showing of good | 8 | | cause. A party challenging an administrative determination of | 9 | | paternity made in accordance with Section 10-17.7 of the | 10 | | Illinois Public Aid Code must consent to and submit to | 11 | | deoxyribonucleic acid (DNA) testing, in accordance with | 12 | | Department of Healthcare and Family Services rules, in order to | 13 | | challenge paternity. | 14 | | (c) For purposes of subsection (b), evidence that, based on | 15 | | deoxyribonucleic acid (DNA) testing, the man who has been found | 16 | | to be the father of a child under an administrative | 17 | | determination of paternity is not the natural father of the | 18 | | child constitutes a material mistake of fact. | 19 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 20 | | (750 ILCS 45/8) (from Ch. 40, par. 2508)
| 21 | | Sec. 8. Statute of limitations.
| 22 | | (a) (1) An action brought by or on behalf of a child, an | 23 | | action brought by
a party alleging that he or she is the | 24 | | child's natural parent,
or an action brought
by the | 25 | | Department of Healthcare and Family Services (formerly
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| 1 | | Illinois Department of Public Aid), if it is
providing or | 2 | | has provided financial support to the child or if it is | 3 | | assisting
with child support collection services, shall be | 4 | | barred if
brought later than 2 years after the child | 5 | | reaches the age of majority;
however, if the action on | 6 | | behalf of the child is brought by a public agency,
other | 7 | | than the Department of Healthcare and Family Services | 8 | | (formerly Illinois Department of Public Aid) if it is | 9 | | providing or has
provided financial support to the child or | 10 | | if it is assisting with child
support collection services, | 11 | | it
shall be barred 2 years after the agency has ceased to | 12 | | provide assistance to
the child.
| 13 | | (2) Failure
to bring an action within 2 years shall not | 14 | | bar any party from asserting a
defense in any action to | 15 | | declare the non-existence of the parent and child
| 16 | | relationship.
| 17 | | (3) An action to declare the non-existence of the | 18 | | parent and child
relationship brought under subsection (b) | 19 | | of Section 7 of this Act shall be
barred if
brought later | 20 | | than 2 years after the
petitioner obtains knowledge of | 21 | | relevant facts.
The 2-year period for bringing an action to
| 22 | | declare the nonexistence of the parent and child | 23 | | relationship shall not extend
beyond the date on which the | 24 | | child reaches the age of 18 years.
Failure to bring an | 25 | | action
within 2 years shall not bar any party from | 26 | | asserting a defense in any
action to declare the existence |
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| 1 | | of the parent and child relationship.
| 2 | | (4) An action to declare the non-existence of the | 3 | | parent and child
relationship brought under subsection | 4 | | (b-5) of Section 7 of this Act shall be
barred if
brought | 5 | | more than 6 months after the effective date of this | 6 | | amendatory Act of
1998 or more than 2 years after the | 7 | | petitioner obtains actual knowledge of
relevant
facts, | 8 | | whichever is later. The 2-year period shall not apply to | 9 | | periods of
time where the natural
mother or the child | 10 | | refuses to submit to deoxyribonucleic acid (DNA) tests.
The | 11 | | 2-year period for bringing an action to
declare the | 12 | | nonexistence of the parent and child relationship shall not | 13 | | extend
beyond the date on which the child reaches the age | 14 | | of 18 years.
Failure to bring an action
within 2 years | 15 | | shall not bar any party from asserting a defense in any
| 16 | | action to declare the existence of the parent and child | 17 | | relationship.
| 18 | | (5) An action under subsection (b) of Section 4.1 of | 19 | | this Act to challenge an administrative determination of | 20 | | paternity is
barred if
brought more than 6 months after the | 21 | | effective date of this amendatory Act of the 99th General | 22 | | Assembly or more than 2 years after the petitioner obtains | 23 | | actual knowledge of
relevant
facts, whichever is later. The | 24 | | 2-year period does not apply to periods of
time when the | 25 | | natural
mother or the child refuses to submit to | 26 | | deoxyribonucleic acid (DNA) tests. The 2-year period for |
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| 1 | | bringing an action under subsection (b) of Section 4.1 of | 2 | | this Act to challenge an administrative determination of | 3 | | paternity shall not extend
beyond the date on which the | 4 | | child reaches the age of 18 years. Failure to bring an | 5 | | action
within 2 years does not bar any party from asserting | 6 | | a defense in any
action to declare the existence of the | 7 | | parent and child relationship. | 8 | | (b) The time during which any party is not subject to | 9 | | service of process
or is otherwise not subject to the | 10 | | jurisdiction of the courts of this State
shall toll the | 11 | | aforementioned periods.
| 12 | | (c) This Act does not affect the time within which any | 13 | | rights under
the Probate Act of 1975 may be asserted beyond the | 14 | | time
provided by law relating to distribution and closing of | 15 | | decedent's estates
or to the determination of heirship, or | 16 | | otherwise.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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