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Public Act 096-0333 |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by | ||||
changing Section 10-17.7 as follows:
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(305 ILCS 5/10-17.7)
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Sec. 10-17.7. Administrative determination of paternity. | ||||
The Illinois
Department may provide by rule for the | ||||
administrative determination of
paternity by the Child and | ||||
Spouse Support Unit in cases involving applicants
for or | ||||
recipients of financial aid under Article IV of this Act and | ||||
other
persons who are given access to the child support
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enforcement services of this
Article as provided in Section | ||||
10-1, including persons similarly situated and
receiving | ||||
similar services in other states. The rules shall extend to | ||||
cases in
which the mother and alleged father voluntarily | ||||
acknowledge paternity in the
form required by the Illinois | ||||
Department or agree
to be bound by the results of genetic | ||||
testing or in which the alleged
father
has failed to respond to | ||||
a notification of support obligation issued under
Section 10-4 | ||||
and to cases of contested paternity. The Illinois
Department's | ||||
form for voluntary acknowledgement of paternity shall be the | ||||
same form prepared by the Illinois Department for use under the |
requirements of Section 12 of the Vital Records Act. Any
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presumption provided for under the Illinois Parentage Act of
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1984 shall apply to cases in which paternity is determined | ||
under the rules of
the Illinois Department. The rules shall | ||
provide for notice and an opportunity
to be heard by the | ||
responsible relative and the person receiving child support | ||
enforcement services under this Article if paternity is
not
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voluntarily acknowledged, and any final administrative
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decision rendered by the Illinois Department shall be reviewed | ||
only under and
in accordance with the Administrative Review | ||
Law. Determinations of paternity
made by the Illinois | ||
Department under the rules authorized by this Section
shall
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have the full force and effect of a court judgment of paternity | ||
entered under
the Illinois Parentage Act of 1984.
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In determining paternity in contested cases, the Illinois | ||
Department shall
conduct the evidentiary hearing in accordance | ||
with Section 11 of the Parentage
Act of 1984, except that | ||
references in that Section to "the court" shall be
deemed to | ||
mean the Illinois Department's hearing officer in cases in | ||
which
paternity is determined administratively by the Illinois | ||
Department.
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Notwithstanding any other provision of this Article, a
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default determination
of
paternity may be made if service of | ||
the notice under Section 10-4 was made by
publication under the | ||
rules for administrative paternity determination
authorized by | ||
this Section. The rules as they pertain to service by
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publication shall (i) be based on the provisions of Section | ||
2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide | ||
for service by publication in cases
in which
the whereabouts of | ||
the alleged father are unknown after diligent location
efforts | ||
by the Child and Spouse Support Unit, and (iii) provide for | ||
publication
of a notice of default paternity determination in | ||
the same manner that the
notice under Section 10-4 was | ||
published.
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The Illinois Department
may implement this Section through | ||
the use of emergency rules in accordance
with Section 5-45 of | ||
the Illinois Administrative Procedure Act. For purposes
of the | ||
Illinois Administrative Procedure Act, the adoption of rules to
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implement this Section shall be considered an emergency and | ||
necessary for
the public interest, safety, and welfare.
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(Source: P.A. 92-590, eff. 7-1-02.)
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Section 10. The Vital Records Act is amended by changing | ||
Section 12 as follows:
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(410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
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Sec. 12. Live births; place of registration.
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(1) Each live birth which occurs in this State shall be | ||
registered
with the local or subregistrar of the district in | ||
which the birth occurred
as provided in this Section, within 7 | ||
days after the birth. When a
birth occurs on a moving | ||
conveyance, the city, village, township, or road
district in |
which the child is first removed from the conveyance shall be
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considered the place of birth and a birth certificate shall be | ||
filed in the
registration district in which the place is | ||
located.
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(2) When a birth occurs in an institution, the person in | ||
charge of the
institution or his designated representative | ||
shall obtain and record all
the personal and statistical | ||
particulars relative to the parents of the
child that are | ||
required to properly complete the live birth certificate; shall
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secure the required
personal signatures on the hospital | ||
worksheet; shall prepare the certificate
from this worksheet; | ||
and shall file the certificate with the local
registrar. The | ||
institution shall retain the hospital worksheet permanently or
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as
otherwise specified by rule. The
physician in attendance | ||
shall verify or provide the date of birth and
medical | ||
information required by the certificate, within 24 hours after | ||
the
birth occurs.
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(3) When a birth occurs outside an institution, the | ||
certificate shall be
prepared and filed by one of the following | ||
in the indicated order of
priority:
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(a) The physician in attendance at or immediately after | ||
the birth, or in
the absence of such a person,
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(b) Any other person in attendance at or immediately | ||
after the birth, or
in the absence of such a person,
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(c) The father, the mother, or in the absence of the | ||
father and the
inability of the mother, the person in |
charge of the premises where the
birth occurred.
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(4) Unless otherwise provided in this Act, if the mother | ||
was not married
to the father of the child at either the time | ||
of conception or the time of
birth, the name of the father | ||
shall be entered on the child's
birth certificate only if the | ||
mother and the person to be named as the father
have signed an | ||
acknowledgment of parentage in accordance with subsection (5).
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Unless otherwise provided in this Act, if the mother was | ||
married at the time
of conception or birth and the presumed | ||
father (that is, the mother's husband)
is not the biological | ||
father of the child, the name of the
biological father shall be | ||
entered on the child's birth certificate only if, in
accordance | ||
with subsection (5), (i)
the mother and the person to be named | ||
as the father have signed an
acknowledgment of parentage and | ||
(ii) the mother and presumed father have signed
a denial of | ||
paternity.
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(5) Upon the birth of a child to an unmarried woman, or | ||
upon the birth of
a child to a woman who was married at the time | ||
of conception or birth and whose
husband is not the biological | ||
father of the child, the institution at the time
of birth and | ||
the local registrar or county clerk after the birth shall do | ||
the
following:
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(a) Provide (i) an opportunity for the child's mother | ||
and father to sign
an acknowledgment of parentage and (ii) | ||
if the presumed father is not the
biological father, an | ||
opportunity for the mother and presumed father to sign a
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denial of paternity. The signing and witnessing of the | ||
acknowledgment of
parentage or, if the presumed father of | ||
the child is not the biological father,
the acknowledgment | ||
of parentage and denial of paternity conclusively
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establishes a parent and child relationship in accordance | ||
with Sections 5 and 6
of the Illinois Parentage Act of | ||
1984.
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The Department of Healthcare and Family Services shall | ||
furnish
the acknowledgment of parentage and denial of | ||
paternity form to institutions,
county clerks, and State | ||
and local registrars' offices. The form shall
include
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instructions to send the
original signed and witnessed | ||
acknowledgment of parentage and denial of
paternity to the | ||
Department of Healthcare and Family Services. The | ||
acknowledgement of paternity and denial of paternity form | ||
shall also include a statement informing the mother, the | ||
alleged father, and the presumed father, if any, that they | ||
have the right to request deoxyribonucleic acid (DNA) tests | ||
regarding the issue of the child's paternity and that by | ||
signing the form, they expressly waive such tests. The | ||
statement shall be set forth in boldface capital letters | ||
not less than 0.25 inches in height.
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(b) Provide the following documents, furnished by the | ||
Department
of Healthcare and Family Services, to the | ||
child's mother, biological father, and (if the person
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presumed to be the child's father is not the biological |
father) presumed father
for their review at
the time the | ||
opportunity is provided to establish a parent and child
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relationship:
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(i) An explanation of the implications of, | ||
alternatives to, legal
consequences of, and the rights | ||
and responsibilities
that arise from signing an
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acknowledgment of parentage and, if necessary, a | ||
denial of
paternity, including an explanation of the | ||
parental rights and
responsibilities of child support, | ||
visitation, custody, retroactive support,
health | ||
insurance coverage, and payment of birth expenses.
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(ii) An explanation of the benefits of having a | ||
child's parentage
established and the availability of | ||
parentage establishment and child
support
enforcement | ||
services.
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(iii) A request for an application for child | ||
support enforcement
services from
the
Department of | ||
Healthcare and Family Services.
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(iv) Instructions concerning the opportunity to | ||
speak, either by
telephone or in person, with staff of
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the Department of Healthcare and Family Services who | ||
are trained to clarify information
and answer | ||
questions about paternity establishment.
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(v) Instructions for completing and signing the | ||
acknowledgment of
parentage and denial of paternity.
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(c) Provide an oral explanation of the documents and |
instructions set
forth in subdivision (5)(b), including an | ||
explanation of the implications of,
alternatives to, legal | ||
consequences of, and the rights and responsibilities
that | ||
arise from signing an acknowledgment of parentage and, if | ||
necessary, a
denial of paternity. The oral explanation may | ||
be given in person or through
the use of video or audio | ||
equipment.
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(6) The institution, State or local registrar, or county | ||
clerk shall provide
an
opportunity for the child's father or | ||
mother to sign a rescission of parentage.
The signing and | ||
witnessing of the rescission of parentage voids the
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acknowledgment of parentage and nullifies the presumption of | ||
paternity if
executed and filed with the Department of | ||
Healthcare and Family Services (formerly Illinois Department | ||
of Public Aid) within the
time frame contained in Section 5
of | ||
the Illinois Parentage Act of 1984.
The Department of | ||
Healthcare and Family Services shall furnish the rescission of | ||
parentage
form to institutions, county clerks, and State and | ||
local registrars' offices.
The form shall include instructions | ||
to send the original signed and witnessed
rescission of | ||
parentage to the Department of Healthcare and Family Services.
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(7) An acknowledgment of paternity signed pursuant to | ||
Section 6 of the
Illinois Parentage Act of 1984 may be | ||
challenged in court only on the basis of
fraud, duress, or | ||
material mistake of fact, with the burden of proof upon the
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challenging party. Pending outcome of a challenge to the |
acknowledgment of
paternity, the legal responsibilities of the | ||
signatories shall remain in full
force and effect, except upon | ||
order of the court upon a showing of good cause.
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(8) When the process for acknowledgment of parentage as | ||
provided for under
subsection (5) establishes the paternity of | ||
a child whose certificate of birth
is on file in
another state, | ||
the Department of Healthcare and Family Services shall forward | ||
a copy of
the
acknowledgment of parentage, the denial of | ||
paternity, if applicable, and the
rescission of parentage, if | ||
applicable, to the birth record agency of the state
where the | ||
child's certificate of birth is on file.
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(9) In the event the parent-child relationship has been | ||
established in
accordance with subdivision (a)(1) of Section 6 | ||
of the Parentage Act of 1984,
the names of the biological | ||
mother and biological father so established shall
be entered on | ||
the child's birth certificate, and the names of the surrogate
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mother and surrogate mother's husband, if any, shall not be on | ||
the birth
certificate.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 15. The Criminal Code of 1961 is amended by | ||
changing Section 10-5.5 as follows:
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(720 ILCS 5/10-5.5)
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Sec. 10-5.5. Unlawful visitation or parenting time | ||
interference.
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(a) As used in this Section,
the terms
"child", "detain", | ||
and "lawful custodian" shall have the meanings ascribed
to them | ||
in Section 10-5 of this Code.
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(b) Every person who, in violation of the visitation , | ||
parenting time, or custody time
provisions of a court order | ||
relating to child custody, detains
or conceals a child with the | ||
intent to deprive another person of his or her
rights
to | ||
visitation , parenting time, or custody time shall be guilty of | ||
unlawful
visitation or parenting time interference.
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(c) A person committing unlawful visitation or parenting | ||
time interference is
guilty of a petty offense. However, any | ||
person violating this Section after
2 prior convictions of | ||
unlawful visitation interference or unlawful visitation or | ||
parenting time interference is guilty
of a Class A misdemeanor.
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(d) Any law enforcement officer who has probable cause to | ||
believe that
a person has committed or is committing an act in | ||
violation of this Section
shall issue to that person a notice | ||
to appear.
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(e) The notice shall:
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(1) be in writing;
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(2) state the name of the person and his address, if | ||
known;
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(3) set forth the nature of the offense;
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(4) be signed by the officer issuing the notice; and
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(5) request the person to appear before a court at a | ||
certain time and
place.
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(f) Upon failure of the person to appear, a summons or | ||
warrant of arrest may
be issued.
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(g) It is an affirmative defense that:
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(1) a person or lawful custodian committed the act to | ||
protect the child
from imminent physical harm, provided | ||
that the defendant's belief that
there was physical harm
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imminent was reasonable and that the defendant's conduct in | ||
withholding
visitation rights , parenting time, or custody | ||
time was a reasonable response to the harm believed | ||
imminent;
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(2) the act was committed with the mutual consent of | ||
all parties having a
right to custody and visitation of the | ||
child or parenting time with the child ; or
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(3) the act was otherwise authorized by law.
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(h) A person convicted of unlawful visitation or parenting | ||
time interference shall not be
subject to a civil contempt | ||
citation for the same conduct for violating
visitation , | ||
parenting time, or custody time provisions of a
court order | ||
issued under the Illinois Marriage and Dissolution of Marriage
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Act.
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(Source: P.A. 88-96.)
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Section 20. Illinois Marriage and Dissolution of Marriage | ||
Act is amended by changing Section 607.1 as follows:
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(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
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Sec. 607.1. Enforcement of visitation orders; visitation | ||
abuse.
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(a) The circuit court shall provide an expedited procedure | ||
for
enforcement of court ordered visitation in cases of | ||
visitation abuse.
Visitation abuse occurs when a party has | ||
willfully and without
justification: (1) denied another party | ||
visitation as set forth by the
court; or (2) exercised his or | ||
her visitation rights in a manner
that is harmful to the child | ||
or child's custodian.
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(b) An Action may be commenced by filing a petition setting | ||
forth: (i)
the petitioner's name, residence address or mailing | ||
address, and telephone
number; (ii) respondent's name and place | ||
of residence, place of employment,
or mailing address; (iii) | ||
the nature of the visitation abuse, giving dates
and other | ||
relevant information; (iv) that a reasonable attempt was made | ||
to
resolve the dispute; and (v) the relief sought.
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Notice of the filing of the petitions shall be given as | ||
provided
in Section 511.
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(c) After hearing all of the evidence, the court may order | ||
one or more of
the following:
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(1) Modification of the visitation order to | ||
specifically outline periods
of visitation or restrict | ||
visitation as provided by law.
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(2) Supervised visitation with a third party or public | ||
agency.
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(3) Make up visitation of the same time period, such as |
weekend for
weekend, holiday for holiday.
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(4) Counseling or mediation, except in cases where | ||
there is
evidence of domestic violence, as defined in | ||
Section 1 of the Domestic
Violence Shelters Act, occurring | ||
between the parties.
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(5) Other appropriate relief deemed equitable.
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(d) Nothing contained in this Section shall be construed to | ||
limit the
court's contempt power, except as provided in | ||
subsection (g) of this
Section.
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(e) When the court issues an order holding a party in | ||
contempt of court
for violation of a visitation order, the | ||
clerk shall transmit a copy of
the contempt order to the | ||
sheriff of the county. The sheriff shall furnish
a copy of each | ||
contempt order to the Department of State Police on a daily
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basis in the form and manner required by the Department. The | ||
Department
shall maintain a complete record and index of the | ||
contempt orders and make
this data available to all local law | ||
enforcement agencies.
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(f) Attorney fees and costs shall be assessed against a | ||
party if the
court finds that the enforcement action is | ||
vexatious and constitutes
harassment.
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(g) A person convicted of unlawful visitation or parenting | ||
time interference under Section
10-5.5 of the Criminal Code of | ||
1961 shall not be subject to the provisions of
this Section and | ||
the court may not enter a contempt order for visitation abuse
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against any person for the same conduct for which the person |
was convicted of
unlawful visitation interference or subject
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that
person to the sanctions provided for in this Section.
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(Source: P.A. 87-895; 88-96.)
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Section 25. The Illinois Parentage Act of 1984 is amended | ||
by changing Section 11 as follows:
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(750 ILCS 45/11) (from Ch. 40, par. 2511)
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Sec. 11. Tests to determine inherited characteristics.
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(a) In any action brought under Section 7 to determine the | ||
existence of the father and child relationship or to declare | ||
the non-existence of the parent and child relationship, the | ||
court or Administrative Hearing Officer in an Expedited Child | ||
Support System shall, prior to the entry of a judgment in the | ||
case, advise the respondent who appears of the right to request | ||
an order that the parties and the child submit to | ||
deoxyribonucleic acid (DNA) tests to determine inherited | ||
characteristics. The advisement shall be noted in the record. | ||
As soon as practicable, the court or Administrative Hearing | ||
Officer
in an Expedited Child Support System may, and upon | ||
request of a party
shall, order or direct the mother, child and | ||
alleged father to
submit to deoxyribonucleic acid (DNA) tests | ||
to determine
inherited characteristics.
If any party refuses to | ||
submit to the tests, the court may
resolve the
question of | ||
paternity against that party or enforce its order if the rights
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of others and the interests of justice so require.
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(b) The tests shall be conducted by an expert qualified as | ||
an examiner of
blood or tissue types and appointed by
the | ||
court.
The expert shall determine the testing procedures. | ||
However, any
interested party, for good cause shown, in advance | ||
of the scheduled tests,
may request a hearing to object to the
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qualifications of the expert or the testing procedures. The
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expert appointed by the court shall testify at the
pre-test | ||
hearing at the expense of the party requesting the hearing, | ||
except
as provided in subsection (h) of this Section for an | ||
indigent party. An
expert not appointed by the court shall | ||
testify at the pre-test hearing at
the expense of the party | ||
retaining the expert. Inquiry into an
expert's qualifications | ||
at the pre-test hearing shall not affect either
parties' right | ||
to have the expert qualified at trial.
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(c) The expert shall prepare a written report of the test
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results. If the test results show that the alleged father is | ||
not excluded,
the report shall contain a combined paternity | ||
index relating to the probability
of paternity. The expert may | ||
be called by the court as a witness to
testify to his or her | ||
findings and, if called, shall be subject to
cross-examination | ||
by the parties. If the test results show that the alleged
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father is not excluded,
any party may demand that other | ||
experts,
qualified as examiners of blood or tissue types, | ||
perform independent tests
under order of court, including, but | ||
not limited to, blood types or other
tests of genetic markers | ||
such as those found by Human Leucocyte Antigen (HLA)
tests. The |
results of the tests may be offered into evidence. The
number | ||
and qualifications of the experts shall be determined by the | ||
court.
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(d) Documentation of the chain of custody of the blood or
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tissue samples, accompanied by an affidavit or certification in | ||
accordance
with Section 1-109 of the Code of Civil Procedure, | ||
is competent evidence to
establish the chain of custody.
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(e) The report of the test results prepared by the | ||
appointed expert shall be
made by affidavit or
by
certification | ||
as provided in Section 1-109 of the Code of Civil Procedure
and | ||
shall be mailed to all parties. A proof of service shall be
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filed with the court. The verified
report shall be admitted | ||
into evidence at trial without foundation testimony
or other | ||
proof of authenticity or accuracy, unless a written motion
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challenging the admissibility of the report is filed by either | ||
party
within 28 days of receipt of the report, in
which case | ||
expert testimony shall be required.
A party may
not file such a | ||
motion challenging the admissibility of the report later than
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28 days before commencement of trial. Before trial, the court
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shall determine whether the motion is sufficient to deny | ||
admission of the
report by verification. Failure to make
that | ||
timely motion constitutes a waiver of the right to object to
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admission by verification and shall not be
grounds for a | ||
continuance of the hearing to determine paternity.
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(f) Tests taken pursuant to this Section shall have the | ||
following effect:
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(1) If the court finds that the conclusion of the | ||
expert or
experts, as
disclosed by the evidence based upon | ||
the tests, is that the alleged father
is not the parent of | ||
the child, the question of paternity shall be resolved
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accordingly.
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(2) If the experts disagree in their findings or | ||
conclusions, the
question shall be weighed with other | ||
competent evidence of paternity.
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(3) If the tests show that the alleged father is
not | ||
excluded and that the combined paternity index is less than | ||
500 to 1,
this evidence shall be admitted by the court and | ||
shall be weighed with
other competent evidence of | ||
paternity.
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(4) If the tests show that the alleged father is not
| ||
excluded and that the combined paternity index is at least | ||
500 to 1, the
alleged
father is presumed to be the father, | ||
and this evidence shall be admitted.
This presumption may | ||
be rebutted by clear and convincing evidence.
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(g) Any presumption of parentage as set forth in Section 5 | ||
of this Act
is rebutted if the court finds that the conclusion | ||
of the expert or experts
excludes
paternity of the presumed | ||
father.
| ||
(h) The expense of the tests shall be paid by the party
who | ||
requests the tests. Where the tests are requested by the party
| ||
seeking to establish paternity and that party is found to be | ||
indigent by
the court, the expense shall be paid by the public |
agency providing
representation; except that where a public | ||
agency is not providing
representation, the expense shall be | ||
paid by the county in which the action
is brought. Where the | ||
tests are ordered by the court on its own motion or
are | ||
requested by the alleged or presumed father and that father is | ||
found to
be indigent by the court, the expense shall be paid by | ||
the county in which
the action is brought. Any part of the | ||
expense may be taxed as costs in the
action, except that no | ||
costs may be taxed against a public agency that has
not | ||
requested the tests.
| ||
(i) The compensation of each expert witness appointed by | ||
the court shall
be paid as provided in subsection (h) of this | ||
Section. Any part of
the payment may be taxed as costs in the | ||
action, except that
no costs may be taxed against a public | ||
agency that has not requested the
services of the expert | ||
witness.
| ||
(j) Nothing in this Section shall prevent any party from | ||
obtaining tests
of his or her own blood or tissue independent | ||
of those ordered by the court
or from
presenting expert | ||
testimony interpreting those tests or any other blood
tests | ||
ordered pursuant to this Section. Reports of all the
| ||
independent tests, accompanied by affidavit or certification | ||
pursuant to
Section 1-109 of the Code of Civil Procedure, and | ||
notice of any expert
witnesses to be called to testify to the | ||
results of those tests shall be
submitted to all parties at | ||
least 30 days before any hearing set to
determine the issue of |
parentage.
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(Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||
becoming law.
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