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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0102
750 ILCS 45/18 from Ch. 40, par. 2518
Amends the Illinois Parentage Act of 1984. Permits the
court to appoint the Public Defender to represent an indigent
defendant in the trial court in cases establishing the parent
and child relationship and an order for support (now the
court must appoint the Public Defender in these cases).
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1 AN ACT to amend the Illinois Parentage Act of 1984 by
2 changing Section 18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Parentage Act of 1984 is amended
6 by changing Section 18 as follows:
7 (750 ILCS 45/18) (from Ch. 40, par. 2518)
8 Sec. 18. Right to Counsel; Free Transcript on Appeal.
9 (a) Any party may be represented by counsel at all
10 proceedings under this Act. In the best interests of the
11 child, the court may appoint counsel to represent a child
12 whose parentage is at issue.
13 (b) Upon the request of a mother or child seeking to
14 establish the existence of a father and child relationship,
15 the State's Attorney shall represent the mother or child in
16 the trial court. If the child is an applicant for or a
17 recipient of assistance as defined in Section 2-6 of "The
18 Illinois Public Aid Code", approved April 11, 1967, as
19 amended, or has applied to the Illinois Department of Public
20 Aid for services under Article X of such Code, the Department
21 may file a complaint in the child's behalf under this Act.
22 The Department shall refer the complaint to the Public Aid
23 Claims Enforcement Division of the Office of the Attorney
24 General as provided in Section 12-16 of "The Illinois Public
25 Aid Code" for enforcement by the Attorney General. Legal
26 representation by the State's Attorney or the Attorney
27 General shall be limited to the establishment and enforcement
28 of an order for support, and shall not extend to visitation,
29 custody, property or other matters. If visitation, custody,
30 property or other matters are raised by a party and
31 considered by the court in any proceeding under this Act, the
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1 court shall provide a continuance sufficient to enable the
2 mother or child to obtain representation for such matters.
3 (c) The Court may shall appoint the Public Defender with
4 the Public Defender's consent, or if there is no Public
5 Defender or if the Public Defender does not consent to the
6 appointment, the court may appoint other counsel, to
7 represent any indigent defendant in the trial court, except
8 that this representation shall be limited to the
9 establishment of a parent and child relationship and an order
10 for support, and shall not extend to visitation, custody,
11 property, enforcement of an order for support, or other
12 matters. If visitation, custody, property or other matters
13 are raised by a party and considered by the court in any
14 proceeding under this Act, the court shall provide a
15 continuance sufficient to enable the defendant to obtain
16 representation for such matters.
17 (d) The court shall furnish on request of any indigent
18 party a transcript for purposes of appeal.
19 (Source: P.A. 86-522.)