Full Text of HB2461 99th General Assembly
HB2461 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2461 Introduced 2/17/2015, by Rep. Adam Brown SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/10-14.1 | | 750 ILCS 45/4.1 | | 750 ILCS 45/8 | from Ch. 40, par. 2508 |
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Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that an administrative determination of paternity that is not based on a voluntary acknowledgment of paternity made in accordance with the Illinois Public Aid Code may be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party and that, pending outcome of the challenge to the administrative determination of paternity, the legal responsibilities of the parties shall remain in full force and effect, except upon order of the court upon a showing of good cause. Provides that evidence that, based on DNA testing, the man who has been found to be the father of a child under an administrative determination of paternity is not the natural father of the child constitutes a material mistake of fact. Provides that such an action is barred if brought more than 6 months after the effective date of the amendatory Act or more than 2 years after the petitioner obtains actual knowledge of relevant facts, whichever is later, and that the 2-year period for bringing an action shall not extend beyond the date on which the child reaches the age of 18 years. Effective immediately.
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| | A BILL FOR |
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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 99th | 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 | | when 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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