Full Text of SB1867 098th General Assembly
SB1867eng 98TH 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 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 | | Section 10. The Illinois Parentage Act of 1984 is amended | 16 | | by changing Sections 4.1 and 8 as follows:
| 17 | | (750 ILCS 45/4.1)
| 18 | | Sec. 4.1. Administrative paternity determinations. | 19 | | (a) Notwithstanding any
other provision of this Act, the
| 20 | | Department of Healthcare and Family Services may make
| 21 | | administrative determinations of paternity and nonpaternity in | 22 | | accordance with
Section 10-17.7 of the Illinois Public Aid | 23 | | Code. These determinations of
paternity or nonpaternity shall | 24 | | have the full force and effect of judgments
entered under this |
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| 1 | | Act.
| 2 | | (b) An administrative determination of paternity that is | 3 | | not based on a voluntary acknowledgment of paternity made in | 4 | | accordance with
Section 10-17.7 of the Illinois Public Aid Code | 5 | | may be
challenged in court on the basis of fraud, duress, or | 6 | | material mistake of
fact, with the burden of proof upon the | 7 | | challenging party. Pending outcome of
the challenge to the | 8 | | administrative determination of paternity, the legal | 9 | | responsibilities of
the parties shall remain in full force and | 10 | | effect, except upon order of the
court upon a showing of good | 11 | | cause. A party challenging an administrative determination of | 12 | | paternity made in accordance with Section 10-17.7 of the | 13 | | Illinois Public Aid Code must consent to and submit to | 14 | | deoxyribonucleic acid (DNA) testing, in accordance with | 15 | | Department of Healthcare and Family Services rules, in order to | 16 | | challenge paternity. | 17 | | (c) For purposes of subsection (b), evidence that, based on | 18 | | deoxyribonucleic acid (DNA) testing, the man who has been found | 19 | | to be the father of a child under an administrative | 20 | | determination of paternity is not the natural father of the | 21 | | child constitutes a material mistake of fact. | 22 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 23 | | (750 ILCS 45/8) (from Ch. 40, par. 2508)
| 24 | | Sec. 8. Statute of limitations.
| 25 | | (a) (1) An action brought by or on behalf of a child, an |
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| 1 | | action brought by
a party alleging that he or she is the | 2 | | child's natural parent,
or an action brought
by the | 3 | | Department of Healthcare and Family Services (formerly
| 4 | | Illinois Department of Public Aid), if it is
providing or | 5 | | has provided financial support to the child or if it is | 6 | | assisting
with child support collection services, shall be | 7 | | barred if
brought later than 2 years after the child | 8 | | reaches the age of majority;
however, if the action on | 9 | | behalf of the child is brought by a public agency,
other | 10 | | than the Department of Healthcare and Family Services | 11 | | (formerly Illinois Department of Public Aid) if it is | 12 | | providing or has
provided financial support to the child or | 13 | | if it is assisting with child
support collection services, | 14 | | it
shall be barred 2 years after the agency has ceased to | 15 | | provide assistance to
the child.
| 16 | | (2) Failure
to bring an action within 2 years shall not | 17 | | bar any party from asserting a
defense in any action to | 18 | | declare the non-existence of the parent and child
| 19 | | relationship.
| 20 | | (3) An action to declare the non-existence of the | 21 | | parent and child
relationship brought under subsection (b) | 22 | | of Section 7 of this Act shall be
barred if
brought later | 23 | | than 2 years after the
petitioner obtains knowledge of | 24 | | relevant facts.
The 2-year period for bringing an action to
| 25 | | declare the nonexistence of the parent and child | 26 | | relationship shall not extend
beyond the date on which the |
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| 1 | | child reaches the age of 18 years.
Failure to bring an | 2 | | action
within 2 years shall not bar any party from | 3 | | asserting a defense in any
action to declare the existence | 4 | | of the parent and child relationship.
| 5 | | (4) An action to declare the non-existence of the | 6 | | parent and child
relationship brought under subsection | 7 | | (b-5) of Section 7 of this Act shall be
barred if
brought | 8 | | more than 6 months after the effective date of this | 9 | | amendatory Act of
1998 or more than 2 years after the | 10 | | petitioner obtains actual knowledge of
relevant
facts, | 11 | | whichever is later. The 2-year period shall not apply to | 12 | | periods of
time where the natural
mother or the child | 13 | | refuses to submit to deoxyribonucleic acid (DNA) tests.
The | 14 | | 2-year period for bringing an action to
declare the | 15 | | nonexistence of the parent and child relationship shall not | 16 | | extend
beyond the date on which the child reaches the age | 17 | | of 18 years.
Failure to bring an action
within 2 years | 18 | | shall not bar any party from asserting a defense in any
| 19 | | action to declare the existence of the parent and child | 20 | | relationship.
| 21 | | (5) An action under subsection (b) of Section 4.1 of | 22 | | this Act to challenge an administrative determination of | 23 | | paternity shall be
barred if
brought more than 6 months | 24 | | after the effective date of this amendatory Act of the 98th | 25 | | General Assembly or more than 2 years after the petitioner | 26 | | obtains actual knowledge of
relevant
facts, whichever is |
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| 1 | | later. The 2-year period shall not apply to periods of
time | 2 | | where the natural
mother or the child refuses to submit to | 3 | | deoxyribonucleic acid (DNA) tests. The 2-year period for | 4 | | bringing an action under subsection (b) of Section 4.1 of | 5 | | this Act to challenge an administrative determination of | 6 | | paternity shall not extend
beyond the date on which the | 7 | | child reaches the age of 18 years. Failure to bring an | 8 | | action
within 2 years shall not bar any party from | 9 | | asserting a defense in any
action to declare the existence | 10 | | of the parent and child relationship. | 11 | | (b) The time during which any party is not subject to | 12 | | service of process
or is otherwise not subject to the | 13 | | jurisdiction of the courts of this State
shall toll the | 14 | | aforementioned periods.
| 15 | | (c) This Act does not affect the time within which any | 16 | | rights under
the Probate Act of 1975 may be asserted beyond the | 17 | | time
provided by law relating to distribution and closing of | 18 | | decedent's estates
or to the determination of heirship, or | 19 | | otherwise.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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