Illinois General Assembly - Full Text of SB1867
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Full Text of SB1867  98th General Assembly

SB1867sam002 98TH GENERAL ASSEMBLY

Sen. Chapin Rose

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1867

2    AMENDMENT NO. ______. Amend Senate Bill 1867, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Public Aid Code is amended by
6changing Section 10-14.1 as follows:
 
7    (305 ILCS 5/10-14.1)
8    Sec. 10-14.1. Relief from administrative orders.
9    (a) Subject to subsection (b), notwithstanding
10Notwithstanding the 30-day appeal period provided in Sections
1110-12 and 10-12.1 and the limitation on review of final
12administrative decisions contained in Section 10-14, a
13responsible relative or a person receiving child support
14enforcement services under this Article who is aggrieved by an
15administrative order entered under Section 10-11 or 10-11.1 or
16an administrative determination of paternity entered under

 

 

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1Section 10-17.7 and who did not petition within the 30-day
2appeal period may petition the Illinois Department for relief
3from the administrative order or determination on the same
4grounds as are provided for relief from judgments under Section
52-1401 of the Code of Civil Procedure. The petition must be
6filed not later than 2 years after the entry of the order or
7determination by the Illinois Department. The day immediately
8subsequent to the mailing of the order or determination shall
9be considered as the first day and the day the petition is
10received by the Illinois Department shall be considered as the
11last day in computing the 2-year period. Any period during
12which the person seeking relief is under a legal disability or
13duress or during which the grounds for relief are fraudulently
14concealed shall be excluded in computing the period of 2 years.
15    Upon receiving a petition within the 2-year period, the
16Illinois Department shall provide for a hearing to be held on
17the petition.
18    (b) Nothing in this Section shall be construed to prohibit
19an action under subsection (b) of Section 4.1 of the Illinois
20Parentage Act of 1984 to challenge an administrative
21determination of paternity entered under Section 10-17.7.
22(Source: P.A. 92-590, eff. 7-1-02.)
 
23    Section 10. The Illinois Parentage Act of 1984 is amended
24by changing Sections 4.1 and 8 as follows:
 

 

 

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1    (750 ILCS 45/4.1)
2    Sec. 4.1. Administrative paternity determinations.
3    (a) Notwithstanding any other provision of this Act, the
4Department of Healthcare and Family Services may make
5administrative determinations of paternity and nonpaternity in
6accordance with Section 10-17.7 of the Illinois Public Aid
7Code. These determinations of paternity or nonpaternity shall
8have the full force and effect of judgments entered under this
9Act.
10    (b) An administrative determination of paternity that is
11not based on a voluntary acknowledgment of paternity made in
12accordance with Section 10-17.7 of the Illinois Public Aid Code
13may be challenged in court on the basis of fraud, duress, or
14material mistake of fact, with the burden of proof upon the
15challenging party. Pending outcome of the challenge to the
16administrative determination of paternity, the legal
17responsibilities of the parties shall remain in full force and
18effect, except upon order of the court upon a showing of good
19cause. A party challenging an administrative determination of
20paternity made in accordance with Section 10-17.7 of the
21Illinois Public Aid Code must consent to and submit to
22deoxyribonucleic acid (DNA) testing, in accordance with
23Department of Healthcare and Family Services rules, in order to
24challenge paternity.
25    (c) For purposes of subsection (b), evidence that, based on
26deoxyribonucleic acid (DNA) testing, the man who has been found

 

 

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1to be the father of a child under an administrative
2determination of paternity is not the natural father of the
3child constitutes a material mistake of fact.
4(Source: P.A. 95-331, eff. 8-21-07.)
 
5    (750 ILCS 45/8)  (from Ch. 40, par. 2508)
6    Sec. 8. Statute of limitations.
7    (a) (1) An action brought by or on behalf of a child, an
8    action brought by a party alleging that he or she is the
9    child's natural parent, or an action brought by the
10    Department of Healthcare and Family Services (formerly
11    Illinois Department of Public Aid), if it is providing or
12    has provided financial support to the child or if it is
13    assisting with child support collection services, shall be
14    barred if brought later than 2 years after the child
15    reaches the age of majority; however, if the action on
16    behalf of the child is brought by a public agency, other
17    than the Department of Healthcare and Family Services
18    (formerly Illinois Department of Public Aid) if it is
19    providing or has provided financial support to the child or
20    if it is assisting with child support collection services,
21    it shall be barred 2 years after the agency has ceased to
22    provide assistance to the child.
23        (2) Failure to bring an action within 2 years shall not
24    bar any party from asserting a defense in any action to
25    declare the non-existence of the parent and child

 

 

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1    relationship.
2        (3) An action to declare the non-existence of the
3    parent and child relationship brought under subsection (b)
4    of Section 7 of this Act shall be barred if brought later
5    than 2 years after the petitioner obtains knowledge of
6    relevant facts. The 2-year period for bringing an action to
7    declare the nonexistence of the parent and child
8    relationship shall not extend beyond the date on which the
9    child reaches the age of 18 years. Failure to bring an
10    action within 2 years shall not bar any party from
11    asserting a defense in any action to declare the existence
12    of the parent and child relationship.
13        (4) An action to declare the non-existence of the
14    parent and child relationship brought under subsection
15    (b-5) of Section 7 of this Act shall be barred if brought
16    more than 6 months after the effective date of this
17    amendatory Act of 1998 or more than 2 years after the
18    petitioner obtains actual knowledge of relevant facts,
19    whichever is later. The 2-year period shall not apply to
20    periods of time where the natural mother or the child
21    refuses to submit to deoxyribonucleic acid (DNA) tests. The
22    2-year period for bringing an action to declare the
23    nonexistence of the parent and child relationship shall not
24    extend beyond the date on which the child reaches the age
25    of 18 years. Failure to bring an action within 2 years
26    shall not bar any party from asserting a defense in any

 

 

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1    action to declare the existence of the parent and child
2    relationship.
3        (5) An action under subsection (b) of Section 4.1 of
4    this Act to challenge an administrative determination of
5    paternity shall be barred if brought more than 6 months
6    after the effective date of this amendatory Act of the 98th
7    General Assembly or more than 2 years after the petitioner
8    obtains actual knowledge of relevant facts, whichever is
9    later. The 2-year period shall not apply to periods of time
10    where the natural mother or the child refuses to submit to
11    deoxyribonucleic acid (DNA) tests. The 2-year period for
12    bringing an action under subsection (b) of Section 4.1 of
13    this Act to challenge an administrative determination of
14    paternity shall not extend beyond the date on which the
15    child reaches the age of 18 years. Failure to bring an
16    action within 2 years shall not bar any party from
17    asserting a defense in any action to declare the existence
18    of the parent and child relationship.
19    (b) The time during which any party is not subject to
20service of process or is otherwise not subject to the
21jurisdiction of the courts of this State shall toll the
22aforementioned periods.
23    (c) This Act does not affect the time within which any
24rights under the Probate Act of 1975 may be asserted beyond the
25time provided by law relating to distribution and closing of
26decedent's estates or to the determination of heirship, or

 

 

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1otherwise.
2(Source: P.A. 95-331, eff. 8-21-07.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".