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90_SB0102sam001
LRB9000808RCksam01
1 AMENDMENT TO SENATE BILL 102
2 AMENDMENT NO. . Amend Senate Bill 102, on page 1,
3 lines 2 and 6, by changing "Section 18" wherever it appears
4 to "Sections 9.1 and 18"; and
5 on page 1, by inserting between lines 6 and 7 the following:
6 "(750 ILCS 45/9.1) (from Ch. 40, par. 2509.1)
7 Sec. 9.1. Notice to Presumed Father. (a) In any action
8 brought under Section 6 or 7 of this Act where the man
9 signing the petition for an order establishing the existence
10 of the parent and child relationship by consent or the man
11 alleged to be the father in a complaint is different from a
12 man who is presumed to be father of the child under Section
13 5, a notice shall be served on the presumed father in the
14 same manner as summonses are served in other civil
15 proceedings or, in lieu of personal service, service may be
16 made as follows:
17 (1) The person requesting notice shall pay to the Clerk
18 of the Court a mailing fee of $1.50 and furnish to the Clerk
19 an original and one copy of a notice together with an
20 affidavit setting forth the presumed father's last known
21 address. The original notice shall be retained by the Clerk.
22 (2) The Clerk shall promptly mail to the presumed
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1 father, at the address appearing in the affidavit, the copy
2 of the notice, certified mail, return receipt requested. The
3 envelope and return receipt shall bear the return address of
4 the Clerk. The receipt for certified mail shall state the
5 name and address of the addressee, and the date of mailing,
6 and shall be attached to the original notice.
7 (3) The return receipt, when returned to the Clerk,
8 shall be attached to the original notice, and shall
9 constitute proof of service.
10 (4) The Clerk shall note the fact of service in a
11 permanent record.
12 (b) The notice shall read as follows:
13 IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER.
14 You have been identified as the presumed father of
15 ......... born on .........
16 The mother of the child is .........
17 An action is being brought to establish the parent and
18 child relationship between the named child and a man named by
19 the mother, .........
20 Under the law, you are presumed to be the father if (1)
21 you and the child's mother are or have been married to each
22 other, and the child was born or conceived during the
23 marriage; or if (2) upon the child's birth, you and the
24 child's mother married each other and you were named, with
25 your consent, as the child's father on the child's birth
26 certificate.
27 As the presumed father, you have certain legal rights
28 with respect to the named child, including the right to
29 notice of the filing of proceedings instituted for the
30 establishment of parentage of said child and if named as the
31 father in a petition to establish parentage, the right to
32 submit, along with the mother and child, to deoxyribonucleic
33 acid (DNA) tests to determine inherited characteristics. If
34 you wish to retain your rights with respect to said child,
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1 you must file with the Clerk of this Circuit Court of
2 ......... County, Illinois whose address is ........,
3 Illinois, within 30 days after the date of receipt of this
4 notice, a declaration of parentage stating that you are, in
5 fact, the father of said child and that you intend to retain
6 your legal rights with respect to said child, or request to
7 be notified of any further proceedings with respect to the
8 parentage of said child.
9 If you do not file such declaration of parentage, or a
10 request for notice, then whatever legal rights you have with
11 respect to the named child, including the right to notice of
12 any future proceedings for the establishment of parentage of
13 the child, may be terminated without any further notice to
14 you. When your legal rights with respect to the named child
15 are so terminated, you will not be entitled to notice of any
16 future proceedings.
17 (c) The notice to presumed fathers provided for in this
18 Section in any action brought by a public agency shall be
19 prepared and mailed by such public agency and the mailing fee
20 to the Clerk shall be waived.
21 (Source: P.A. 84-848.)"; and
22 on page 2, by replacing lines 3 through 6 with the following:
23 "(c) The Court may shall appoint the Public Defender, or
24 if there is no Public Defender other counsel, to".