99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1531

 

Introduced 2/6/2015, by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Illinois Parentage Act of 2015. Provides methods for the establishment of a parent-child relationship. Authorizes genetic testing. Provides for temporary relief and proceedings to adjudicate parentage. Establishes procedures regarding parentage of a child of assisted reproduction. Provides for child support establishment and enforcement. Repeals the Illinois Parentage Act and the Illinois Parentage Act of 1984. Amends numerous Acts to make conforming changes.


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A BILL FOR

 

HB1531LRB099 04250 HEP 25224 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. GENERAL PROVISIONS

 
5    Section 101. Short title. This Act may be cited as the
6Illinois Parentage Act of 2015.
 
7    Section 102. Public policy. Illinois recognizes the right
8of every child to the physical, mental, emotional, and
9financial support of his or her parents. The parent-child
10relationship, including support obligations, extends equally
11to every child and to his or her parent or to each of his or her
122 parents, regardless of the legal relationship of the parents,
13and regardless of whether a parent is a minor.
 
14    Section 103. Definitions. In this Act:
15    (a) "Acknowledged father" means a man who has established a
16father-child relationship under Article 3.
17    (b) "Adjudicated father" means a man who has been
18adjudicated by a court of competent jurisdiction, or as
19authorized under Article X of the Illinois Public Aid Code, to
20be the father of a child.
21    (c) "Alleged father" means a man who alleges himself to be,

 

 

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1or is alleged to be, the biological father or a possible
2biological father of a child, but whose paternity has not been
3established. The term does not include:
4        (1) a presumed parent or acknowledged father;
5        (2) a man whose parental rights have been terminated or
6    declared not to exist; or
7        (3) a male donor.
8    (d) "Assisted reproduction" means any method of causing
9pregnancy other than sexual intercourse. The term includes but
10is not limited to:
11        (1) intrauterine insemination;
12        (2) donation of eggs;
13        (3) donation of embryos;
14        (4) in-vitro fertilization and transfer of embryos;
15        (5) intracytoplasmic sperm injection; and
16        (6) artificial insemination.
17    (e) "Child" means an individual of any age whose parentage
18may be established under this Act.
19    (f) "Combined paternity index" means the likelihood of
20paternity calculated by computing the ratio between:
21        (1) the likelihood that the tested man is the father,
22    based on the genetic markers of the tested man, mother, and
23    child, conditioned on the hypothesis that the tested man is
24    the father of the child; and
25        (2) the likelihood that the tested man is not the
26    father, based on the genetic markers of the tested man,

 

 

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1    mother, and child, conditioned on the hypothesis that the
2    tested man is not the father of the child and that the
3    father is of the same ethnic or racial group as the tested
4    man.
5    (g) "Commence" means to file the initial pleading seeking
6an adjudication of parentage in the circuit court of this
7State.
8    (h) "Determination of parentage" means the establishment
9of the parent-child relationship by the signing of a voluntary
10acknowledgment under Article 3 of this Act or adjudication by
11the court or as authorized under Article X of the Illinois
12Public Aid Code.
13    (i) "Donor" means an individual who contributes a gamete or
14gametes used for assisted reproduction, whether or not for
15consideration. The term does not include:
16        (1) an intended parent who provides sperm, or an
17    intended parent who provides eggs, to be used for assisted
18    reproduction by the intended parent or parents;
19        (2) a woman who gives birth to a child by means of
20    assisted reproduction, except as otherwise provided in the
21    Gestational Surrogacy Act or a valid gestational surrogacy
22    contract; or
23        (3) a parent under Article 7 of this Act, or an
24    intended parent under the Gestational Surrogacy Act or a
25    valid gestational surrogacy contract.
26    (j) "Ethnic or racial group" means, for purposes of genetic

 

 

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1testing, a recognized group that an individual identifies as
2all or part of the individual's ancestry or that is so
3identified by other information.
4    (k) "Gamete" means either a sperm or an egg.
5    (l) "Genetic testing" means an analysis of genetic markers
6to exclude or identify a man as the father or a woman as the
7mother of a child as provided in Article 4 of this Act.
8    (m) "Gestational mother" means an adult woman who gives
9birth to a child pursuant to the terms of a valid gestational
10surrogacy contract.
11    (n) "Parent" means an individual who has established a
12parent-child relationship under Section 201 of this Act.
13    (o) "Parent-child relationship" means the legal
14relationship between a child and a parent of the child.
15    (p) "Presumed parent" means an individual who, by operation
16of law under Section 204 of this Act, is recognized as the
17parent of a child until that status is rebutted or confirmed in
18a judicial or administrative proceeding.
19    (q) "Probability of paternity" means the measure, for the
20ethnic or racial group to which the alleged father belongs, of
21the probability that the man in question is the father of the
22child, compared with a random, unrelated man of the same ethnic
23or racial group, expressed as a percentage incorporating the
24combined paternity index and a prior probability.
25    (r) "Record" means information that is inscribed on a
26tangible medium or that is stored in an electronic or other

 

 

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1medium and is retrievable in perceivable form.
2    (s) "Signatory" means an individual who authenticates a
3record and is bound by its terms.
4    (t) "State" means a state of the United States, the
5District of Columbia, Puerto Rico, the United States Virgin
6Islands, or any territory or insular possession subject to the
7jurisdiction of the United States.
8    (u) "Substantially similar legal relationship" means a
9relationship recognized in this State under Section 60 of the
10Religious Freedom Protection and Civil Union Act.
11    (v) "Support-enforcement agency" means a public official
12or agency authorized to seek:
13        (1) enforcement of support orders or laws relating to
14    the duty of support;
15        (2) establishment or modification of child support;
16        (3) determination of parentage; or
17        (4) location of child-support obligors and their
18    income and assets.
 
19    Section 104. Scope of Act; choice of law; other legal
20rights and duties preserved.
21    (a) This Act applies to determination of parentage in this
22State.
23    (b) The court shall apply the law of this State to
24adjudicate the parent-child relationship. The applicable law
25does not depend on:

 

 

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1        (1) the place of birth of the child; or
2        (2) the past or present residence of the child.
3    (c) This Act does not create, enlarge, abrogate, or
4diminish parental rights or duties under other laws of this
5State, including the common law.
 
6    Section 105. Authority to establish parentage. The circuit
7courts are authorized to establish parentage under this Act.
8The Department of Healthcare and Family Services may make
9administrative determinations of paternity and nonpaternity in
10accordance with Section 10-17.7 of the Illinois Public Aid
11Code. Such administrative determinations shall have the full
12force and effect of court judgments entered under this Act.
 
13    Section 106. Protection of participants. Proceedings under
14this Act are subject to other law of this State governing the
15health, safety, privacy, and liberty of a child or other
16individual who could be jeopardized by disclosure of
17identifying information, including address, telephone number,
18place of employment, social security number, and the child's
19day-care facility and school.
 
20    Section 107. Applicability. Insofar as practicable, the
21provisions of this Act applicable to the father and child
22relationship shall apply to the mother and child relationship
23including, but not limited to, the obligation to support.
 

 

 

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1
ARTICLE 2. PARENT-CHILD RELATIONSHIP

 
2    Section 201. Establishment of parent-child relationship.
3    (a) The parent-child relationship is established between a
4woman and a child by:
5        (1) the woman having given birth to the child, except
6    as otherwise provided in a valid gestational surrogacy
7    contract;
8        (2) an adjudication of the woman's parentage;
9        (3) adoption of the child by the woman;
10        (4) the woman having consented to assisted
11    reproduction by a woman under Article 7 of this Act which
12    resulted in the birth of the child;
13        (5) a valid gestational surrogacy contract under the
14    Gestational Surrogacy Act or other law; or
15        (6) an unrebutted presumption of the woman's parentage
16    of the child under Section 204 of this Act.
17    (b) The parent-child relationship is established between a
18man and a child by:
19        (1) an unrebutted presumption of the man's parentage of
20    the child under Section 204 of this Act;
21        (2) an effective voluntary acknowledgment of paternity
22    by the man under Article 3 of this Act, unless the
23    acknowledgment has been rescinded or successfully
24    challenged;

 

 

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1        (3) an adjudication of the man's parentage;
2        (4) adoption of the child by the man;
3        (5) the man having consented to assisted reproduction
4    by a woman under Article 7 of this Act which resulted in
5    the birth of the child; or
6        (6) a valid gestational surrogacy contract under the
7    Gestational Surrogacy Act or other law.
8    (c) Insofar as practicable, the provisions of this Act
9applicable to parent-child relationships shall apply equally
10to men and women as parents, including, but not limited to, the
11obligation to support.
 
12    Section 202. Parents' legal relationship. Every child has
13equal rights under the law regardless of the parents' legal
14relationship.
 
15    Section 203. Consequences of establishment of parentage. A
16parent-child relationship established under this Act applies
17for all purposes, except as otherwise specifically provided by
18other law of this State.
 
19    Section 204. Presumption of parentage.
20    (a) A person is presumed to be the parent of a child if:
21        (1) the person and the mother of the child have entered
22    into a marriage, civil union, or substantially similar
23    legal relationship, and the child is born to the mother

 

 

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1    during the marriage, civil union, or substantially similar
2    legal relationship, except as provided by a valid
3    gestational surrogacy contract, Article 7 of this Act, or
4    other law;
5        (2) the person and the mother of the child were in a
6    marriage, civil union, or substantially similar legal
7    relationship and the child is born to the mother within 300
8    days after the marriage, civil union, or substantially
9    similar legal relationship is terminated by death,
10    declaration of invalidity of marriage, judgment for
11    dissolution of marriage, civil union, or substantially
12    similar legal relationship, or after a judgment for legal
13    separation, except as provided by a valid gestational
14    surrogacy contract, Article 7 of this Act, or other law;
15        (3) before the birth of the child, the person and the
16    mother of the child entered into a marriage, civil union,
17    or substantially similar legal relationship in apparent
18    compliance with law, even if the attempted marriage, civil
19    union, or substantially similar legal relationship is or
20    could be declared invalid, and the child is born during the
21    invalid marriage, civil union, or substantially similar
22    legal relationship or within 300 days after its termination
23    by death, declaration of invalidity of marriage, judgment
24    for dissolution of marriage, civil union, or substantially
25    similar legal relationship, or after a judgment for legal
26    separation, except as provided by a valid gestational

 

 

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1    surrogacy contract, Article 7 of this Act, or other law; or
2        (4) after the child's birth, the person and the child's
3    mother have entered into a marriage, civil union, or
4    substantially similar legal relationship, even if the
5    marriage, civil union, or substantially similar legal
6    relationship is or could be declared invalid, and the
7    person is named, with the person's written consent, as the
8    child's parent on the child's birth certificate.
9    (b) If 2 or more conflicting presumptions arise under this
10Section, the presumption which on the facts is founded on the
11weightier considerations of policy and logic, especially the
12policy of promoting the child's best interests, controls.
 
13    Section 205. Proceedings to declare the non-existence of
14the parent-child relationship.
15    (a) An action to declare the non-existence of the
16parent-child relationship may be brought by the child, the
17birth mother, or a person presumed to be a parent under Section
18204 of this Act. Actions brought by the child, the birth
19mother, or a presumed parent shall be brought by verified
20complaint, which shall be designated a petition. After a
21presumption under Section 204 of this Act has been rebutted,
22parentage of the child by another man or woman may be
23established in the same action, if he or she has been made a
24party.
25    (b) An action to declare the non-existence of the

 

 

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1parent-child relationship brought under subsection (a) of this
2Section shall be barred if brought later than 2 years after the
3petitioner knew or should have known of the relevant facts. The
42-year period for bringing an action to declare the
5non-existence of the parent-child relationship shall not
6extend beyond the date on which the child reaches the age of 18
7years. Failure to bring an action within 2 years shall not bar
8any party from asserting a defense in any action to declare the
9existence of the parent-child relationship.
10    (c) An action to declare the non-existence of the
11parent-child relationship may be brought subsequent to an
12adjudication of parentage in any judgment by the man
13adjudicated to be the parent pursuant to a presumption in
14paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
15of deoxyribonucleic acid (DNA) testing, it is discovered that
16the man adjudicated to be the parent is not the father of the
17child. Actions brought by the adjudicated father shall be
18brought by verified petition. If, as a result of the
19deoxyribonucleic acid (DNA) testing that is admissible under
20Section 614 of this Act, the petitioner is determined not to be
21the father of the child, the adjudication of paternity and any
22orders regarding custody, parenting time, and future payments
23of support may be vacated.
24    (d) An action to declare the non-existence of the
25parent-child relationship brought under subsection (c) of this
26Section shall be barred if brought more than 2 years after the

 

 

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1petitioner obtains actual knowledge of relevant facts. The
22-year period shall not apply to periods of time where the
3birth mother or the child refuses to submit to deoxyribonucleic
4acid (DNA) testing. The 2-year period for bringing an action to
5declare the non-existence of the parent-child relationship
6shall not extend beyond the date on which the child reaches the
7age of 18 years.
 
8    Section 206. Presumption; burden of proof. A person
9challenging a presumption under Section 204 of this Act may
10rebut the presumption with clear and convincing evidence.
 
11
ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT

 
12    Section 301. Voluntary acknowledgment. A parent-child
13relationship may be established voluntarily by the signing and
14witnessing of a voluntary acknowledgment in accordance with
15Section 12 of the Vital Records Act and Section 10-17.7 of the
16Illinois Public Aid Code. The voluntary acknowledgment shall
17contain the last four digits of the social security numbers of
18the persons signing the voluntary acknowledgment; however,
19failure to include the social security numbers of the persons
20signing a voluntary acknowledgment does not invalidate the
21voluntary acknowledgment.
 
22    Section 302. Execution of voluntary acknowledgment.

 

 

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1    (a) A voluntary acknowledgment described in Section 301 of
2this Act must:
3        (1) be in a record;
4        (2) be signed, or otherwise authenticated, under
5    penalty of perjury by the mother and by the man seeking to
6    establish his parentage;
7        (3) state that the child whose parentage is being
8    acknowledged:
9            (A) does not have a presumed parent, or has a
10        presumed parent whose full name is stated; and
11            (B) does not have another acknowledged or
12        adjudicated parent;
13        (4) be witnessed; and
14        (5) state that the signatories understand that the
15    acknowledgment is the equivalent of a judicial
16    adjudication of parentage of the child and that a challenge
17    to the acknowledgment is permitted only under limited
18    circumstances and is barred after 2 years.
19    (b) An acknowledgment is void if it:
20        (1) states that another person is a presumed parent,
21    unless a denial signed or otherwise authenticated by the
22    presumed parent is filed with the Department of Healthcare
23    and Family Services, as provided by law;
24        (2) states that another person is an acknowledged or
25    adjudicated parent; or
26        (3) falsely denies the existence of a presumed,

 

 

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1    acknowledged, or adjudicated parent of the child.
2    (c) A presumed father may sign or otherwise authenticate an
3acknowledgment.
 
4    Section 303. Denial of parentage. A presumed parent may
5sign a denial of parentage. The denial is valid only if:
6    (a) a voluntary acknowledgment described in Section 301 of
7this Act signed, or otherwise authenticated, by a man is filed
8pursuant to Section 305 of this Act;
9    (b) the denial is in a record, and is signed, or otherwise
10authenticated, under penalty of perjury; and
11    (c) the presumed parent has not previously:
12        (1) acknowledged his parentage, unless the previous
13    acknowledgment has been rescinded under Section 307 of this
14    Act or successfully challenged under Section 308 of this
15    Act; or
16        (2) been adjudicated to be the parent of the child.
 
17    Section 304. Rules for acknowledgment and denial of
18parentage.
19    (a) An acknowledgment as described in Section 301 of this
20Act and a denial may be contained in a single document or may
21be signed in counterparts, and may be filed separately or
22simultaneously. If the acknowledgment and denial are both
23necessary, neither is valid until both are filed.
24    (b) An acknowledgment or a denial may be signed before the

 

 

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1birth of the child.
2    (c) Subject to subsection (a), an acknowledgment or denial
3takes effect on the birth of the child or the filing of the
4document with the Department of Healthcare and Family Services,
5as provided by law, whichever occurs later.
6    (d) An acknowledgment or denial signed by a minor is valid
7if it is otherwise in compliance with this Act.
 
8    Section 305. Effect of acknowledgment or denial of
9parentage.
10    (a) Except as otherwise provided in Sections 307 and 308 of
11this Act, a valid acknowledgment filed with the Department of
12Healthcare and Family Services, as provided by law, is
13equivalent to an adjudication of the parentage of a child and
14confers upon the acknowledged father all of the rights and
15duties of a parent.
16    (b) Notwithstanding any other provision of this Act,
17parentage established in accordance with Section 301 of this
18Act has the full force and effect of a judgment entered under
19this Act and serves as a basis for seeking a child support
20order without any further proceedings to establish parentage.
21    (c) Except as otherwise provided in Sections 307 and 308 of
22this Act, a valid denial by a presumed parent filed with the
23Department of Healthcare and Family Services, as provided by
24law, in conjunction with a voluntary acknowledgment, is
25equivalent to an adjudication of the nonparentage of the

 

 

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1presumed parent and discharges the presumed parent from all
2rights and duties of a parent.
 
3    Section 306. No filing fee. The Department of Healthcare
4and Family Services, as provided by law, may not charge a fee
5for filing a voluntary acknowledgment or denial.
 
6    Section 307. Proceeding for rescission. A signatory may
7rescind a voluntary acknowledgment or denial by filing a signed
8and witnessed rescission with the Department of Healthcare and
9Family Services as provided in Section 12 of the Vital Records
10Act, before the earlier of:
11    (a) 60 days after the effective date of the acknowledgment
12or denial, as provided in Section 304 of this Act; or
13    (b) the date of a judicial or administrative proceeding
14relating to the child (including a proceeding to establish a
15support order) in which the signatory is a party.
 
16    Section 308. Challenge after expiration of period for
17rescission. After the period for rescission under Section 307
18of this Act has expired, a signatory of a voluntary
19acknowledgment or denial may commence a proceeding to challenge
20the acknowledgment or denial only as provided in Section 309 of
21this Act.
 
22    Section 309. Procedure for challenge.

 

 

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1    (a) A voluntary acknowledgment and any related denial may
2be challenged only on the basis of fraud, duress, or material
3mistake of fact by filing a verified petition under this
4Section within 2 years after the effective date of the
5acknowledgment or denial, as provided in Section 304 of this
6Act. Time during which the person challenging the
7acknowledgment or denial is under legal disability or duress or
8the ground for relief is fraudulently concealed shall be
9excluded in computing the period of 2 years.
10    (b) The verified complaint, which shall be designated a
11petition, shall be filed in the county where a proceeding
12relating to the child was brought, such as a support proceeding
13or, if none exists, in the county where the child resides.
14Every signatory to the voluntary acknowledgment and any related
15denial must be made a party to a proceeding to challenge the
16acknowledgment or denial. The party challenging the
17acknowledgment or denial shall have the burden of proof. The
18burden of proof to challenge a voluntary acknowledgment is
19clear and convincing evidence.
20    (c) For the purpose of a challenge to an acknowledgment or
21denial, a signatory submits to personal jurisdiction of this
22State by signing the acknowledgment and any related denial,
23effective upon the filing of the acknowledgment and any related
24denial with the Department of Healthcare and Family Services,
25as provided in Section 12 of the Vital Records Act.
26    (d) Except for good cause shown, during the pendency of a

 

 

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1proceeding to challenge an acknowledgment or denial, the court
2may not suspend the legal responsibilities of a signatory
3arising from the acknowledgment, including the duty to pay
4child support.
5    (e) At the conclusion of a proceeding to challenge an
6acknowledgment or denial, the court shall order the Department
7of Public Health to amend the birth record of the child, if
8appropriate. A copy of an order entered at the conclusion of a
9proceeding to challenge shall be provided to the Department of
10Healthcare and Family Services.
 
11    Section 310. Ratification barred. A court or
12administrative agency conducting a judicial or administrative
13proceeding is not required or permitted to ratify an
14unchallenged acknowledgment described in Section 301 of this
15Act.
 
16    Section 311. Full faith and credit. A court of this State
17shall give full faith and credit to a valid acknowledgment or
18denial of parentage effective in another state if the
19acknowledgment or denial has been signed and is otherwise in
20compliance with the law of the other state.
 
21    Section 312. Forms for acknowledgment and denial of
22parentage.
23    (a) To facilitate compliance with this Article, the

 

 

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1Department of Healthcare and Family Services shall prescribe
2forms for the acknowledgment and the denial of parentage and
3for the rescission of acknowledgment or denial consistent with
4Section 307 of this Act.
5    (b) A voluntary acknowledgment or denial of parentage is
6not affected by a later modification of the prescribed form.
 
7    Section 313. Release of information. The Department of
8Healthcare and Family Services may release information
9relating to the acknowledgment described in Section 301 of this
10Act, or the related denial, to a signatory of the
11acknowledgment or denial; to the child's guardian, the
12emancipated child, or the legal representatives of those
13individuals; to appropriate federal agencies; and to courts and
14appropriate agencies of this State or another state.
 
15    Section 314. Adoption of rules. The Department of Public
16Health and the Department of Healthcare and Family Services may
17adopt rules to implement this Article.
 
18
ARTICLE 4. GENETIC TESTING

 
19    Section 401. Proceeding authorized. As soon as
20practicable, a court or an administrative hearing officer in an
21Expedited Child Support System may, and upon the request of a
22party except as provided in Section 610 of this Act, or of the

 

 

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1child, shall order or direct the mother, child, and alleged
2father to submit to deoxyribonucleic acid (DNA) testing to
3determine inherited characteristics. If any party refuses to
4submit to genetic testing, the court may resolve the question
5of paternity against that party or enforce its order if the
6rights of others and the interests of justice so require.
 
7    Section 402. Requirements for genetic testing.
8    (a) The genetic testing shall be conducted by an expert
9qualified as an examiner of blood or tissue types and appointed
10by the court. The expert shall determine the genetic testing
11procedures. However, any interested party, for good cause
12shown, in advance of the scheduled genetic testing, may request
13a hearing to object to the qualifications of the expert or the
14genetic testing procedures. The expert appointed by the court
15shall testify at the pre-test hearing at the expense of the
16party requesting the hearing, except for an indigent party as
17provided in Section 405 of this Act. An expert not appointed by
18the court shall testify at the pre-test hearing at the expense
19of the party retaining the expert. Inquiry into an expert's
20qualifications at the pre-test hearing shall not affect either
21party's right to have the expert qualified at trial.
22    (b) Genetic testing must be of a type reasonably relied
23upon by experts in the field of genetic testing and performed
24in a testing laboratory accredited by the American Association
25of Blood Banks or a successor to its functions.

 

 

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1    (c) A specimen used in genetic testing may consist of one
2or more samples, or a combination of samples, of blood, buccal
3cells, bone, hair, or other body tissue or fluid.
4    (d) The testing laboratory shall determine the databases
5from which to select frequencies for use in calculation of the
6probability of paternity based on the ethnic or racial group of
7an individual or individuals. If there is disagreement as to
8the testing laboratory's choice, the following rules apply:
9        (1) The individual objecting may require the testing
10    laboratory, within 30 days after receipt of the report of
11    the genetic testing, to recalculate the probability of
12    paternity using an ethnic or racial group different from
13    that used by the laboratory.
14        (2) The individual objecting to the testing
15    laboratory's initial choice shall:
16            (A) if the frequencies are not available to the
17        testing laboratory for the ethnic or racial group
18        requested, provide the requested frequencies compiled
19        in a manner recognized by accrediting bodies; or
20            (B) engage another testing laboratory to perform
21        the calculations.
22    (e) If, after recalculation using a different ethnic or
23racial group, genetic testing does not reputably identify a man
24as the father of a child, an individual who has been tested may
25be required to submit to additional genetic testing.
 

 

 

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1    Section 403. Genetic test results.
2    (a) The expert shall prepare a written report of the
3genetic test results. If the genetic test results show that the
4alleged father is not excluded, the report shall contain
5statistics based upon the statistical formula of combined
6paternity index (CPI) and the probability of paternity as
7determined by the probability of exclusion (Random Man Not
8Excluded = RMNE). The expert may be called by the court as a
9witness to testify to his or her findings and, if called, shall
10be subject to cross-examination by the parties. If the genetic
11test results show that the alleged father is not excluded, any
12party may demand that other experts, qualified as examiners of
13blood or tissue types, perform independent genetic testing
14under order of court, including, but not limited to, blood
15types or other testing of genetic markers. The results of the
16genetic testing may be offered into evidence. The number and
17qualifications of the experts shall be determined by the court.
18    (b) Documentation of the chain of custody of the blood or
19tissue samples, accompanied by an affidavit or certification in
20accordance with Section 1-109 of the Code of Civil Procedure,
21is competent evidence to establish the chain of custody.
22    (c) The report of the genetic test results prepared by the
23appointed expert shall be made by affidavit or by certification
24as provided in Section 1-109 of the Code of Civil Procedure and
25shall be mailed to all parties. A proof of service shall be
26filed with the court. The verified report shall be admitted

 

 

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1into evidence at trial without foundation testimony or other
2proof of authenticity or accuracy, unless a written motion
3challenging the admissibility of the report is filed by either
4party within 28 days of receipt of the report, in which case
5expert testimony shall be required. A party may not file such a
6motion challenging the admissibility of the report later than
728 days before commencement of trial. Before trial, the court
8shall determine whether the motion is sufficient to deny
9admission of the report by verification. Failure to make that
10timely motion constitutes a waiver of the right to object to
11admission by verification and shall not be grounds for a
12continuance of the hearing to establish paternity.
 
13    Section 404. Effect of genetic testing. Genetic testing
14taken under this Article shall have the following effect:
15    (a) If the court finds that the conclusion of the expert or
16experts, as disclosed by the evidence based upon the genetic
17testing, is that the alleged father is not the parent of the
18child, the question of paternity shall be resolved accordingly.
19    (b) If the experts disagree in their findings or
20conclusions, the question shall be weighed with other competent
21evidence of paternity.
22    (c) If the genetic testing results indicate that the
23alleged father is not excluded and that the combined paternity
24index is at least 1,000 to 1, and there is at least a 99.9%
25probability of paternity, the alleged father is presumed to be

 

 

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1the father, and this evidence shall be admitted.
2    (d) A man identified under subsection (c) of this Section
3as the father of the child may rebut the genetic testing
4results by other genetic testing satisfying the requirements of
5this Article which:
6        (1) excludes the man as a genetic father of the child;
7    or
8        (2) identifies another man as the possible father of
9    the child.
10    (e) Except as otherwise provided in this Article, if more
11than one man is identified by genetic testing as the possible
12father of the child, the court shall order them to submit to
13further genetic testing to identify the genetic father.
 
14    Section 405. Cost of genetic testing. The expense of the
15genetic testing shall be paid by the party who requests the
16genetic testing, except that the court may apportion the costs
17between the parties, upon request. When the genetic testing is
18requested by the party seeking to establish paternity and that
19party is found to be indigent by the court, the expense shall
20be paid by the public agency providing representation; except
21that where a public agency is not providing representation, the
22expense shall be paid by the county in which the action is
23brought. When the genetic testing is ordered by the court on
24its own motion or is requested by the alleged or presumed
25father and that father is found to be indigent by the court,

 

 

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1the expense shall be paid by the county in which the action is
2brought. Any part of the expense may be taxed as costs in the
3action, except that no costs may be taxed against a public
4agency that has not requested the genetic testing.
 
5    Section 406. Compensation of expert. The compensation of
6each expert witness appointed by the court shall be paid as
7provided in Section 405 of this Act. Any part of the payment
8may be taxed as costs in the action, except that no costs may
9be taxed against a public agency that has not requested the
10services of the expert witness.
 
11    Section 407. Independent genetic testing. Nothing in this
12Article shall prevent a party from obtaining genetic testing of
13his or her own blood or tissue independent of those ordered by
14the court or from presenting expert testimony interpreting
15those tests or any other blood tests ordered under this
16Article. Reports of all the independent tests, accompanied by
17affidavit or certification pursuant to Section 1-109 of the
18Code of Civil Procedure, and notice of any expert witnesses to
19be called to testify to the results of those tests shall be
20submitted to all parties at least 30 days before any hearing
21set to determine the issue of parentage.
 
22    Section 408. Additional persons to be tested.
23    (a) Subject to subsection (b), if a genetic-testing

 

 

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1specimen is not available from a man who may be the father of a
2child, for good cause and under circumstances the court
3considers to be just, the court may order the following
4individuals to submit specimens for genetic testing:
5        (1) the parents of the man;
6        (2) brothers and sisters of the man;
7        (3) other children of the man and their mothers; and
8        (4) other relatives of the man necessary to complete
9    genetic testing.
10    (b) Issuance of an order under this Section requires a
11finding that a need for genetic testing outweighs the
12legitimate interests of the individual sought to be tested, and
13in no event shall an order be issued until the individual is
14joined as a party and given notice as required under the Code
15of Civil Procedure.
 
16
ARTICLE 5. TEMPORARY RELIEF

 
17    Section 501. Temporary orders.
18    (a) On a motion by a party and a showing of clear and
19convincing evidence of parentage, the court shall issue a
20temporary order for support of a child if the order is
21appropriate and the individual ordered to pay support is:
22        (1) a presumed parent of the child;
23        (2) petitioning to have parentage adjudicated;
24        (3) identified as the father through genetic testing

 

 

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1    under Article 4 of this Act;
2        (4) an alleged father who has declined to submit to
3    genetic testing;
4        (5) shown by clear and convincing evidence to be the
5    child's father;
6        (6) the mother of the child; or
7        (7) anyone else determined to be the child's parent.
8    In determining the amount of a temporary child support
9award, the court shall use the guidelines and standards set
10forth in Sections 505 and 505.2 of the Illinois Marriage and
11Dissolution of Marriage Act.
12    (b) A temporary order may include provisions for custody
13and parenting time as provided by the Illinois Marriage and
14Dissolution of Marriage Act.
15    (c) Temporary orders issued under this Section shall not
16have prejudicial effect with respect to final support, custody,
17or parenting time orders.
 
18    Section 502. Injunctive relief.
19    (a) In any action brought under this Act for the initial
20determination of parentage, custody or parenting time of a
21child, or for modification of a prior custody or parenting time
22order, the court, upon application of a party, may enjoin a
23party having physical possession or custody of a child from
24temporarily removing the child from this State pending the
25adjudication of the issues of parentage, custody, and parenting

 

 

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1time. When deciding whether to enjoin removal of a child, or to
2order a party to return the child to this State, the court
3shall consider factors including, but not limited to:
4        (1) the extent of previous involvement with the child
5    by the party seeking to enjoin removal or to have the
6    absent party return the child to this State;
7        (2) the likelihood that parentage will be established;
8    and
9        (3) the impact on the financial, physical, and
10    emotional health of the party being enjoined from removing
11    the child or the party being ordered to return the child to
12    this State.
13    (b) A temporary restraining order or preliminary
14injunction under this Act shall be governed by the relevant
15provisions of Part 1 of Article XI of the Code of Civil
16Procedure.
17    (c) Notwithstanding the provisions of subsection (a) of
18this Section, the court may decline to enjoin a domestic
19violence victim having physical possession or custody of a
20child from temporarily or permanently removing the child from
21this State pending the adjudication of issues of custody or
22parenting time. In determining whether a person is a domestic
23violence victim, the court shall consider the following
24factors:
25        (1) a sworn statement by the person that the person has
26    good reason to believe that he or she is the victim of

 

 

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1    domestic violence or stalking;
2        (2) a sworn statement that the person fears for his or
3    her safety or the safety of his or her children;
4        (3) evidence from police, court, or other government
5    agency records or files;
6        (4) documentation from a domestic violence program if
7    the person is alleged to be a victim of domestic violence;
8        (5) documentation from a legal, clerical, medical, or
9    other professional from whom the person has sought
10    assistance in dealing with the alleged domestic violence;
11    and
12        (6) any other evidence that supports the sworn
13    statements, such as a statement from any other individual
14    with knowledge of the circumstances that provides the basis
15    for the claim, or physical evidence of the domestic
16    violence.
 
17
ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE

 
18    Section 601. Proceeding authorized. A civil proceeding may
19be maintained to adjudicate the parentage of a child. The
20proceeding is governed by the Code of Civil Procedure and
21Illinois Supreme Court Rules. Administrative proceedings
22adjudicating paternity shall be governed by Section 10-17.7 of
23the Illinois Public Aid Code.
 

 

 

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1    Section 602. Standing. A complaint to adjudicate parentage
2shall be verified, shall be designated a petition, and shall
3name the person or persons alleged to be the parent of the
4child. Subject to Article 3 and Sections 607, 608, and 609 of
5this Act, a proceeding to adjudicate parentage may be
6maintained by:
7    (a) the child;
8    (b) the mother of the child;
9    (c) a pregnant woman;
10    (d) a man presumed or alleging himself to be the parent of
11the child;
12    (e) a woman presumed or alleging herself to be the parent
13of the child;
14    (f) the support-enforcement agency or other governmental
15agency authorized by other law;
16    (g) any person or public agency that has custody of, is
17providing financial support to, or has provided financial
18support to the child;
19    (h) the Department of Healthcare and Family Services if it
20is providing, or has provided, financial support to the child
21or if it is assisting with child support collections services;
22    (i) an authorized adoption agency or licensed
23child-placing agency;
24    (j) a representative authorized by law to act for an
25individual who would otherwise be entitled to maintain a
26proceeding but who is deceased, incapacitated, or a minor;

 

 

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1    (k) an intended parent pursuant to the terms of a valid
2gestational surrogacy contract; or
3    (l) an individual who has consented or has allegedly
4consented to assisted reproduction pursuant to Article 7 of
5this Act.
 
6    Section 603. Subject matter and personal jurisdiction.
7    (a) The circuit courts of this State shall have
8jurisdiction of an action brought under this Act. In a civil
9action not brought under this Act, the provisions of this Act
10shall apply if parentage is at issue. The court may join any
11action under this Act with any other civil action in which this
12Act is applicable.
13    (b) An individual may not be adjudicated to be a parent
14unless the court has personal jurisdiction over the individual.
15    (c) A court of this State having jurisdiction to adjudicate
16parentage may exercise personal jurisdiction over a
17nonresident individual, or the guardian or conservator of the
18individual, if the conditions prescribed in Section 201 of the
19Uniform Interstate Family Support Act are fulfilled.
20    (d) Lack of jurisdiction over one individual does not
21preclude the court from making an adjudication of parentage
22binding on another individual over whom the court has personal
23jurisdiction.
 
24    Section 604. Venue.

 

 

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1    (a) Venue for a proceeding to adjudicate parentage is any
2county of this State in which a party resides, or if the
3presumed or alleged father is deceased, in which a proceeding
4for probate or administration of the presumed or alleged
5father's estate has been commenced, or could be commenced.
6    (b) A child custody proceeding is commenced in the county
7where the child resides.
 
8    Section 605. Notice to presumed parent.
9    (a) In any action brought under Article 3 or Article 6 of
10this Act where the individual signing the petition for an order
11establishing the existence of the parent-child relationship by
12consent or the individual alleged to be the parent in a
13petition is different from an individual who is presumed to be
14parent of the child under Article 2 of this Act, a notice shall
15be served on the presumed parent in the same manner as
16summonses are served in other civil proceedings or, in lieu of
17personal service, service may be made as follows:
18        (1) The person requesting notice shall pay to the clerk
19    of the circuit court a mailing fee of $1.50 and furnish to
20    the clerk of the circuit court an original and one copy of
21    a notice together with an affidavit setting forth the
22    presumed parent's last known address. The original notice
23    shall be retained by the clerk of the circuit court.
24        (2) The clerk of the circuit court shall promptly mail
25    to the presumed parent, at the address appearing in the

 

 

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1    affidavit, the copy of the notice by certified mail, return
2    receipt requested. The envelope and return receipt shall
3    bear the return address of the clerk of the circuit court.
4    The receipt for certified mail shall state the name and
5    address of the addressee and the date of mailing and shall
6    be attached to the original notice.
7        (3) The return receipt, when returned to the clerk of
8    the circuit court, shall be attached to the original notice
9    and shall constitute proof of service.
10        (4) The clerk of the circuit court shall note the fact
11    of service in a permanent record.
12    (b) The notice shall read as follows:
13    "IN THE MATTER OF NOTICE TO .......... PRESUMED PARENT.
14    You have been identified as the presumed parent of
15......... , born on ......... The birth parent of the child is
16.........
17    An action is being brought to establish the parent-child
18relationship between the named child and a parent named by the
19person filing this action, .........
20    As the presumed parent, you have certain legal rights with
21respect to the named child, including the right to notice of
22the filing of proceedings instituted for the establishment of
23parentage of the named child and, if named as a parent in a
24petition to establish parentage, the right to submit to, along
25with the birth parent and child, deoxyribonucleic acid (DNA)
26tests to determine inherited characteristics, subject to

 

 

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1Section 610 of the Illinois Parentage Act of 2015. If you wish
2to assert your rights with respect to the child named in this
3notice, you must file with the Clerk of this Circuit Court of
4......... County, Illinois, whose address is ........ , within
530 days after the date of receipt of this notice, a declaration
6of parentage stating that you are, in fact, the parent of the
7named child and that you intend to assert your legal rights
8with respect to the child, or that you request to be notified
9of any further proceedings with respect to the parentage of the
10child.
11    If you do not file a declaration of parentage or a request
12for notice, then whatever legal rights you have with respect to
13the named child, including the right to notice of any future
14proceedings for the establishment of parentage of the child,
15may be terminated without any further notice to you. When your
16legal rights with respect to the named child are terminated,
17you will not be entitled to notice of any future proceedings.".
18    (c) The notice to a presumed parent under this Section in
19any action brought by a public agency shall be prepared and
20mailed by the public agency, and the mailing fee to the clerk
21of the circuit court shall be waived.
 
22    Section 606. Summons. The summons that is served on a
23respondent shall include the return date on or by which the
24respondent must appear and shall contain the following
25information, in a prominent place and in conspicuous language,

 

 

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1in addition to the information required to be provided under
2the laws of this State: "If you do not appear as instructed in
3this summons, you may be required to support the child named in
4this petition until the child is at least 18 years old. You may
5also have to pay the pregnancy and delivery costs of the
6mother.".
 
7    Section 607. No limitation; child having no presumed,
8acknowledged, or adjudicated parent. A proceeding to
9adjudicate the parentage of a child having no presumed,
10acknowledged, or adjudicated parent may be commenced at any
11time, even after:
12    (a) the child becomes an adult, but only if the child
13initiates the proceeding; or
14    (b) an earlier proceeding to adjudicate parentage has been
15dismissed based on the application of a statute of limitations
16then in effect.
 
17    Section 608. Limitation; child having presumed parent.
18    (a) An alleged father, as that term is defined in Section
19103 of this Act, must commence an action to establish a
20parent-child relationship for a child having a presumed parent
21not later than 2 years after the petitioner knew or should have
22known of the relevant facts. The time the petitioner is under
23legal disability or duress or the ground for relief is
24fraudulently concealed shall be excluded in computing the

 

 

HB1531- 36 -LRB099 04250 HEP 25224 b

1period of 2 years.
2    (b) A proceeding seeking to declare the non-existence of
3the parent-child relationship between a child and the child's
4presumed father may be maintained at any time by a person
5described in paragraphs (1) through (4) of subsection (a) of
6Section 204 of this Act if the court determines that the
7presumed father and the mother of the child neither cohabited
8nor engaged in sexual intercourse with each other during the
9probable time of conception.
 
10    Section 609. Limitation; child having acknowledged or
11adjudicated parent.
12    (a) If a child has an acknowledged parent, a signatory to
13the acknowledgment described in Section 301 of this Act or
14related denial may commence a proceeding seeking to challenge
15the acknowledgment or denial or challenge the paternity of the
16child only within the time allowed under Section 309 of this
17Act.
18    (b) If a child has an acknowledged parent or an adjudicated
19parent, an individual, other than the child, who is neither a
20signatory to the acknowledgment nor a party to the adjudication
21and who seeks an adjudication of parentage of the child must
22commence a proceeding not later than 2 years after the
23effective date of the acknowledgment or adjudication.
24    (c) A proceeding under this Section is subject to the
25application of the principles of estoppel established in

 

 

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1Section 610 of this Act.
 
2    Section 610. Authority to deny motion for genetic testing.
3    (a) In a proceeding to adjudicate the parentage of a child
4having a presumed, acknowledged, or adjudicated parent, the
5court may deny a motion by a parent, presumed parent,
6acknowledged parent, adjudicated parent, or alleged parent
7seeking an order for genetic testing of the parents and child
8if the court determines that:
9        (1) the conduct of the parent, acknowledged parent,
10    adjudicated parent, or the presumed parent estops that
11    party from denying parentage;
12        (2) it would be inequitable to disprove the
13    parent-child relationship between the child and the
14    presumed, acknowledged, or adjudicated parent; and
15        (3) it is in the child's best interests to deny genetic
16    testing, taking into account the following factors:
17            (A) the length of time between the current
18        proceeding to adjudicate parentage and the time that
19        the presumed, acknowledged, or adjudicated parent was
20        placed on notice that he or she might not be the
21        biological parent;
22            (B) the length of time during which the presumed,
23        acknowledged, or adjudicated parent has assumed the
24        role of parent of the child;
25            (C) the facts surrounding the presumed,

 

 

HB1531- 38 -LRB099 04250 HEP 25224 b

1        acknowledged, or adjudicated parent's discovery of his
2        or her possible nonparentage;
3            (D) the nature of the relationship between the
4        child and the presumed, acknowledged, or adjudicated
5        parent;
6            (E) the age of the child;
7            (F) the harm that may result to the child if the
8        presumed, acknowledged, or adjudicated parentage is
9        successfully disproved;
10            (G) the nature of the relationship between the
11        child and any alleged parent;
12            (H) the extent to which the passage of time reduces
13        the chances of establishing the parentage of another
14        person and a child support obligation in favor of the
15        child;
16            (I) other factors that may affect the equities
17        arising from the disruption of the parent-child
18        relationship between the child and the presumed,
19        acknowledged, or adjudicated parent or the chance of
20        other harm to the child; and
21            (J) any other factors the court determines to be
22        equitable.
23    (b) In a proceeding involving the application of this
24Section, a minor or incapacitated child must be represented by
25a guardian ad litem, child's representative, or attorney for
26the child.

 

 

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1    (c) If the court denies a motion seeking an order for
2genetic testing, it shall issue an order adjudicating the
3presumed parent to be the parent of the child.
 
4    Section 611. Joinder of proceedings.
5    (a) Except as otherwise provided in subsection (b), a
6proceeding to adjudicate parentage may be joined with a
7proceeding for adoption, termination of parental rights, child
8custody or parenting time, child support, dissolution of
9marriage or civil union, declaration of invalidity of marriage
10or civil union, legal separation, probate or administration of
11an estate, or other appropriate proceeding.
12    (b) A respondent may not join a proceeding described in
13subsection (a) with a proceeding to adjudicate parentage
14brought under the Uniform Interstate Family Support Act.
 
15    Section 612. Proceeding before birth. A proceeding to
16establish parentage may be commenced before the birth of the
17child, but may not be concluded until after the birth of the
18child. The following actions may be taken before the birth of
19the child:
20    (a) service of process;
21    (b) the taking of depositions to perpetuate testimony; and
22    (c) except as prohibited by Article 4 of this Act,
23collection of specimens for genetic testing.
 

 

 

HB1531- 40 -LRB099 04250 HEP 25224 b

1    Section 613. Child as party; representation.
2    (a) A minor child is a permissible party, but is not a
3necessary party to a proceeding under this Article.
4    (b) The court shall appoint a guardian ad litem, child's
5representative, or attorney for the child to represent a minor
6or incapacitated child if the child is a party or the court
7finds that the interests of the child are not adequately
8represented.
 
9    Section 614. Admissibility of results of genetic testing;
10expenses.
11    (a) If a child has a presumed, acknowledged, or adjudicated
12parent, the results of genetic testing are inadmissible to
13adjudicate parentage unless performed:
14        (1) with the consent of both the mother and the
15    presumed, acknowledged, or adjudicated parent; or
16        (2) pursuant to an order of the court under Section 402
17    of this Act.
18    (b) Copies of bills for genetic testing and for prenatal
19and postnatal health care for the mother and child which are
20furnished to the adverse party not less than 10 days before the
21date of a hearing are admissible to establish:
22        (1) the amount of the charges billed; and
23        (2) that the charges were reasonable, necessary, and
24    customary.
25    (c) Certified copies of the bills for costs incurred for

 

 

HB1531- 41 -LRB099 04250 HEP 25224 b

1pregnancy and childbirth shall be admitted into evidence at
2judicial or administrative proceedings without foundation
3testimony or other proof of authenticity or accuracy.
 
4    Section 615. Consequences of declining genetic testing.
5    (a) An order for genetic testing is enforceable through a
6proceeding for adjudication of contempt.
7    (b) If an individual whose parentage is being determined
8declines to submit to genetic testing ordered by the court or
9administrative agency, the court or administrative agency may
10adjudicate parentage contrary to the position of that
11individual.
12    (c) Genetic testing of the mother of a child is not a
13condition precedent to genetically testing the child and a man
14whose paternity is being determined. If the mother is
15unavailable or declines to submit to genetic testing, the court
16or administrative agency may order the genetic testing of the
17child and every man whose paternity is being adjudicated.
 
18    Section 616. Admission of parentage authorized.
19    (a) A respondent in a proceeding to adjudicate parentage
20may admit to the parentage of a child by filing a pleading to
21that effect or by admitting parentage under penalty of perjury
22when making an appearance or during a hearing.
23    (b) If the court finds that the admission of parentage
24satisfies the requirements of this Section and finds that there

 

 

HB1531- 42 -LRB099 04250 HEP 25224 b

1is no reason to question the admission, the court shall enter
2an order adjudicating the child to be the child of the person
3admitting parentage.
 
4    Section 617. Rules for adjudication of parentage. The court
5shall apply the following rules to adjudicate the parentage of
6a child:
7    (a) The parentage of a child having an adjudicated parent
8may be disproved only by admissible results of genetic testing,
9or other means, excluding that person as the parent of the
10child or identifying another person as the parent of the child.
11    (b) Unless the results of the genetic testing or other
12evidence are admitted to rebut other results of genetic
13testing, a person identified as the parent of a child under
14Section 404 of this Act may be adjudicated the parent of the
15child.
16    (c) If the court finds that genetic testing under Section
17404 neither identifies nor excludes a person as the parent of a
18child, the court may not dismiss the proceeding. In that event,
19the results of genetic testing and other evidence are
20admissible to adjudicate the issue of parentage.
21    (d) Unless the results of genetic testing are admitted to
22rebut other results of genetic testing, a person excluded as
23the parent of a child by genetic testing may be adjudicated not
24to be the parent of the child.
 

 

 

HB1531- 43 -LRB099 04250 HEP 25224 b

1    Section 618. Pre-trial proceedings. As soon as practicable
2after an action to declare the existence or non-existence of
3the parent-child relationship has been brought, and the parties
4are at issue, the court may conduct a pre-trial conference.
 
5    Section 619. Jury prohibited. Trial by jury is not
6available under this Act.
 
7    Section 620. Order on default. The court may issue an order
8adjudicating the parentage of a person who is in default after
9service of process.
 
10    Section 621. Binding effect of determination of parentage.
11    (a) Except as otherwise provided in subsection (b) of this
12Section, a determination of parentage is binding on:
13        (1) all signatories to an acknowledgment or denial as
14    provided in Article 3 of this Act; and
15        (2) all parties to an adjudication by a court acting
16    under circumstances that satisfy the jurisdictional
17    requirements of Section 201 of the Uniform Interstate
18    Family Support Act.
19    (b) A child is not bound by a determination of parentage
20under this Act unless:
21        (1) the determination was based on an unrescinded
22    acknowledgment as provided in Article 3 of this Act and the
23    acknowledgment is consistent with the results of genetic

 

 

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1    testing;
2        (2) the adjudication of parentage was based on a
3    finding consistent with the results of genetic testing and
4    the consistency is declared in the determination or is
5    otherwise shown;
6        (3) the child was a party or was represented in the
7    proceeding determining parentage by a guardian ad litem,
8    child's representative or attorney for the child.
9        (4) the child was no longer a minor at the time the
10    proceeding was initiated and was the moving party resulting
11    in the parentage determination.
12    (c) In a proceeding for dissolution of marriage, civil
13union, or substantially similar legal relationship,
14declaration of invalidity of marriage, civil union, or
15substantially similar legal relationship, or legal separation,
16the court is deemed to have made an adjudication of the
17parentage of a child if the court acts under circumstances that
18satisfy the jurisdictional requirements of Section 201 of the
19Uniform Interstate Family Support Act, and the final order:
20        (1) expressly identifies a child as a "child of the
21    marriage, civil union, or substantially similar legal
22    relationship", "issue of the marriage, civil union, or
23    substantially similar legal relationship", or uses similar
24    words indicating that a party to the marriage, civil union,
25    or substantially similar legal relationship is the parent
26    of the child; or

 

 

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1        (2) provides for support of the child by the parties to
2    the marriage, civil union, or substantially similar legal
3    relationship, unless parentage is specifically disclaimed
4    in the order.
5    (d) Except as otherwise provided in subsection (b) of this
6Section, a determination of parentage may be a defense in a
7subsequent proceeding seeking to adjudicate parentage by an
8individual who was not a party to the earlier proceeding.
9    (e) A party to an adjudication of parentage may challenge
10the adjudication only under the laws of this State relating to
11appeal, vacation of judgments, or other judicial review.
 
12    Section 622. Custody or visitation prohibited to men who
13father through sexual assault or sexual abuse.
14    (a) This Section applies to a person who has been found to
15be the father of a child under this Act and who:
16        (1) has been convicted of or who has pled guilty or
17    nolo contendere to a violation of Section 11-1.20 (criminal
18    sexual assault), Section 11-1.30 (aggravated criminal
19    sexual assault), Section 11-1.40 (predatory criminal
20    sexual assault of a child), Section 11-1.50 (criminal
21    sexual abuse), Section 11-1.60 (aggravated criminal sexual
22    abuse), Section 11-11 (sexual relations within families),
23    Section 12-13 (criminal sexual assault), Section 12-14
24    (aggravated criminal sexual assault), Section 12-14.1
25    (predatory criminal sexual assault of a child), Section

 

 

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1    12-15 (criminal sexual abuse), or Section 12-16
2    (aggravated criminal sexual abuse) of the Criminal Code of
3    1961 or the Criminal Code of 2012, or a similar statute in
4    another jurisdiction, for his conduct in fathering that
5    child; or
6        (2) at a fact-finding hearing, is found by clear and
7    convincing evidence to have committed an act of
8    non-consensual sexual penetration for his conduct in
9    fathering that child.
10    (b) A person described in subsection (a) shall not be
11entitled to custody of or visitation with that child without
12the consent of the child's mother or guardian. If the person
13described in subsection (a) is also the guardian of the child,
14he does not have the authority to consent to visitation or
15custody under this Section. If the mother of the child is a
16minor, and the person described in subsection (a) is also the
17father or guardian of the mother, then he does not have the
18authority to consent to custody or visits.
19    (c) Notwithstanding any other provision of this Act,
20nothing in this Section shall be construed to relieve the
21father described in subsection (a) of any support and
22maintenance obligations to the child under this Act. The
23child's mother or guardian may decline support and maintenance
24obligations from the father.
25    (d) Notwithstanding any other provision of law, the father
26described in subsection (a) of this Section is not entitled to

 

 

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1any inheritance or other rights from the child without the
2consent of the child's mother or guardian.
3    (e) Notwithstanding any provision of the Illinois Marriage
4and Dissolution of Marriage Act, the parent, grandparent,
5great-grandparent, or sibling of the person described in
6subsection (a) of this Section does not have standing to bring
7an action requesting custody or visitation with the child
8without the consent of the child's mother or guardian.
9    (f) A petition under this Section may be filed by the
10child's mother or guardian either as an affirmative petition in
11circuit court or as an affirmative defense in any proceeding
12filed by the person described in subsection (a) of this Section
13regarding the child.
 
14
ARTICLE 7. CHILD OF ASSISTED REPRODUCTION

 
15    Section 701. Scope of Article. This Article does not apply
16to the birth of a child conceived by means of sexual
17intercourse or as a result of a valid gestational surrogacy
18contract under the Gestational Surrogacy Act or other law.
 
19    Section 702. Parental status of donor. Except as provided
20in this Act, a donor is not a parent of a child conceived by
21means of assisted reproduction.
 
22    Section 703. Parentage of a child of assisted reproduction.

 

 

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1A person who provides gametes for, or consents to, assisted
2reproduction by a woman as provided in Section 704 of this Act
3with the intent to be the parent of her child is a parent of the
4resulting child.
 
5    Section 704. Consent to assisted reproduction.
6    (a) Consent by an individual who intends to be a parent of
7a child born to a woman must be in a writing signed by the woman
8and the individual consenting to be the parent. A writing
9includes a certificate of birth naming both intended parents or
10a written ratification of a prior oral agreement to assisted
11reproduction.
12    (b) Failure to establish the consent required by subsection
13(a) of this Section, before or after the birth of the child,
14does not preclude a presumption under Section 204 of this Act.
15    (c) In order to be valid, both parties signing a consent
16under this Section must be at least 18 years of age at the time
17the writing is executed.
18    (d) A consent may not be entered that would result in the
19birth of a child created by sperm and eggs of parties who are
20blood relatives of the first degree.
 
21    Section 705. Effect of petition or withdrawal of consent.
22    (a) If a petition for legal separation or for the
23dissolution or declaration of invalidity of a marriage, civil
24union, or substantially similar legal relationship is filed and

 

 

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1properly served or notice is given of the filing of the
2petition to the other party before implantation of existing
3gametes or an embryo or embryos, then consent to assisted
4reproduction shall be treated as being withdrawn unless the
5party and the woman, after the filing of the petition or the
6giving of notice of the filing of the petition to the other
7party, sign a new writing consenting to the assisted
8reproduction or ratify, in writing, a prior written consent.
9    (b) Consent to assisted reproduction may be withdrawn by an
10individual in a writing given with proper notice to the other
11party at any time before implantation of the gametes or an
12embryo or embryos. An individual who withdraws consent under
13this Section is not a parent of any resulting child.
 
14    Section 706. Parental status of deceased individual. If an
15individual does not consent in a writing to be a parent by
16assisted reproduction after death and dies before the
17implantation of gametes or an embryo or embryos, the deceased
18individual is not a parent of the resulting child.
 
19    Section 707. Burden of proof. A consent executed under
20Section 704 of this Act or a withdrawal of consent under
21Section 705 of this Act must be proven by clear and convincing
22evidence.
 
23
ARTICLE 8. SUPPORT AND JUDGMENT

 

 

 

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1    Section 801. Child support orders.
2    (a) Notwithstanding any other law to the contrary, pending
3the outcome of a judicial determination of parentage, the court
4shall issue an order for child support upon motion by a party
5and a showing of clear and convincing evidence of parentage. In
6determining the amount of the child support award, the court
7shall use the guidelines and standards set forth in Sections
8505 and 505.2 of the Illinois Marriage and Dissolution of
9Marriage Act.
10    (b) Any new or existing support order entered by the court
11under this Section shall be deemed to be a series of judgments
12against the person obligated to pay support thereunder, each
13judgment to be in the amount of each payment or installment of
14support and each judgment to be deemed entered as of the date
15the corresponding payment or installment becomes due under the
16terms of the support order. Each judgment shall have the full
17force, effect, and attributes of any other judgment of this
18State, including the ability to be enforced. A judgment under
19this Section is subject to modification or termination only in
20accordance with Section 510 of the Illinois Marriage and
21Dissolution of Marriage Act. Notwithstanding any other state or
22local law to the contrary, a lien arises by operation of law
23against the real and personal property of the noncustodial
24parent for each installment of overdue support owed by the
25noncustodial parent.

 

 

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1    (c) An order for support, when entered or modified, shall
2include a provision requiring the non-custodial parent to
3notify the court and, in cases in which a party is receiving
4child support enforcement services under Article X of the
5Illinois Public Aid Code, the Department of Healthcare and
6Family Services, within 7 days: (i) of the name and address of
7any new employer of the non-custodial parent; (ii) whether the
8non-custodial parent has access to health insurance coverage
9through the employer or other group coverage and, if so, of the
10policy name and number and the names of adults and initials of
11minors covered under the policy; and (iii) of any new
12residential or mailing address or telephone number of the
13non-custodial parent. In any subsequent action to enforce a
14support order, upon a sufficient showing that a diligent effort
15has been made to ascertain the location of the non-custodial
16parent, service of process or provision of notice necessary in
17the case may be made at the last known address of the
18non-custodial parent in any manner expressly provided by this
19Act or the Code of Civil Procedure, and shall be sufficient for
20purposes of due process.
21    (d) An order for support shall include a date on which the
22current support obligation terminates. The termination date
23shall be no earlier than the date on which the child covered by
24the order will attain the age of 18. However, if the child will
25not graduate from high school until after attaining the age of
2618, then the termination date shall be no earlier than the

 

 

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1earlier of the date on which the child's high school graduation
2will occur or the date on which the child will attain the age
3of 19. The order for support shall state that the termination
4date does not apply to any arrearage that may remain unpaid on
5that date. Nothing in this subsection shall be construed to
6prevent the court from modifying the order or terminating the
7order in the event the child is otherwise emancipated.
8    (e) If there is an unpaid arrearage or delinquency (as
9those terms are defined in the Income Withholding for Support
10Act) equal to at least one month's support obligation on the
11termination date stated in the order for support or, if there
12is no termination date stated in the order, on the date the
13child attains the age of majority or is otherwise emancipated,
14the periodic amount required to be paid for current support of
15that child immediately prior to that date shall automatically
16continue to be an obligation, not as current support but as
17periodic payment toward satisfaction of the unpaid arrearage or
18delinquency. The periodic payment shall be in addition to any
19periodic payment previously required for satisfaction of the
20arrearage or delinquency. The total periodic amount to be paid
21toward satisfaction of the arrearage or delinquency may be
22enforced and collected by any method provided by law for the
23enforcement and collection of child support including, but not
24limited to, income withholding under the Income Withholding for
25Support Act. Each order for support entered or modified must
26contain a statement notifying the parties of the requirements

 

 

HB1531- 53 -LRB099 04250 HEP 25224 b

1of this subsection. Failure to include the statement in the
2order for support does not affect the validity of the order or
3the operation of the provisions of this subsection with regard
4to the order. This subsection shall not be construed to prevent
5or affect the establishment or modification of an order for the
6support of a minor child or the establishment or modification
7of an order for the support of a non-minor child or educational
8expenses under Section 513 of the Illinois Marriage and
9Dissolution of Marriage Act.
10    (f) An order entered under this Section shall include a
11provision requiring the obligor to report to the obligee and to
12the clerk of the circuit court within 7 days each time the
13obligor obtains new employment, and each time the obligor's
14employment is terminated for any reason. The report shall be in
15writing and shall, in the case of new employment, include the
16name and address of the new employer. Failure to report new
17employment or the termination of current employment, if coupled
18with nonpayment of support for a period in excess of 60 days,
19is indirect criminal contempt. For an obligor arrested for
20failure to report new employment, bond shall be set in the
21amount of the child support that should have been paid during
22the period of unreported employment. An order entered under
23this Section shall also include a provision requiring the
24obligor and obligee parents to advise each other of a change in
25residence within 5 days of the change except when the court
26finds that the physical, mental, or emotional health of a party

 

 

HB1531- 54 -LRB099 04250 HEP 25224 b

1or that of a minor child, or both, would be seriously
2endangered by disclosure of the party's address.
 
3    Section 802. Judgment.
4    (a) The court shall issue an order adjudicating whether a
5person alleged or claiming to be the parent is the parent of
6the child. An order adjudicating parentage must identify the
7child by initials and year of birth.
8    The court may assess filing fees, reasonable attorney's
9fees, fees for genetic testing, other costs, necessary travel
10expenses, and other reasonable expenses incurred in a
11proceeding under this Act. The court may award attorney's fees,
12which may be paid directly to the attorney, who may enforce the
13order in the attorney's own name. The court may not assess
14fees, costs, or expenses against the support-enforcement
15agency of this State or another state, except as provided by
16other law.
17    The judgment shall contain or explicitly reserve
18provisions concerning any duty and amount of child support and
19may contain provisions concerning the custody and guardianship
20of the child, parenting time privileges with the child, and the
21furnishing of bond or other security for the payment of the
22judgment, which the court shall determine in accordance with
23the relevant factors set forth in the Illinois Marriage and
24Dissolution of Marriage Act and any other applicable law of
25this State, to guide the court in a finding in the best

 

 

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1interests of the child. In determining custody, joint custody,
2removal, parenting time, parenting time interference, support
3for a non-minor disabled child, educational expenses for a
4non-minor child, and related post-judgment issues, the court
5shall apply the relevant standards of the Illinois Marriage and
6Dissolution of Marriage Act. Specifically, in determining the
7amount of a child support award, the court shall use the
8guidelines and standards set forth in subsection (a) of Section
9505 and in Section 505.2 of the Illinois Marriage and
10Dissolution of Marriage Act. The court shall order all child
11support payments, determined in accordance with such
12guidelines, to commence with the date summons is served. The
13level of current periodic support payments shall not be reduced
14because of payments set for the period prior to the date of
15entry of the support order.
16    (b) In an action brought within 2 years after a child's
17birth, the judgment or order may direct either parent to pay
18the reasonable expenses incurred by either parent or the
19Department of Healthcare and Family Services related to the
20mother's pregnancy and the delivery of the child.
21    (c) If a judgment of parentage contains no explicit award
22of custody, the establishment of a child support obligation or
23of parenting time rights in one parent shall be considered a
24judgment granting custody to the other parent. If the parentage
25judgment contains no such provisions, custody shall be presumed
26to be with the mother; however, the presumption shall not apply

 

 

HB1531- 56 -LRB099 04250 HEP 25224 b

1if the father has had physical custody for at least 6 months
2prior to the date that the mother seeks to enforce custodial
3rights.
4    (d) The court, if necessary to protect and promote the best
5interests of the child, may set aside a portion of the
6separately held estates of the parties in a separate fund or
7trust for the support, education, physical and mental health,
8and general welfare of a minor or mentally or physically
9disabled child of the parties.
10    (e) The court may order child support payments to be made
11for a period prior to the commencement of the action. In
12determining whether and to what extent the payments shall be
13made for the prior period, the court shall consider all
14relevant facts, including but not limited to:
15        (1) The factors for determining the amount of support
16    specified in the Illinois Marriage and Dissolution of
17    Marriage Act.
18        (2) The father's prior knowledge of the fact and
19    circumstances of the child's birth.
20        (3) The father's prior willingness or refusal to help
21    raise or support the child.
22        (4) The extent to which the mother or the public agency
23    bringing the action previously informed the father of the
24    child's needs or attempted to seek or require his help in
25    raising or supporting the child.
26        (5) The reasons the mother or the public agency did not

 

 

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1    file the action earlier.
2        (6) The extent to which the father would be prejudiced
3    by the delay in bringing the action.
4    For purposes of determining the amount of child support to
5be paid for the period before the date the order for current
6child support is entered, there is a rebuttable presumption
7that the father's net income for the prior period was the same
8as his net income at the time the order for current child
9support is entered.
10    If (i) the non-custodial parent was properly served with a
11request for discovery of financial information relating to the
12non-custodial parent's ability to provide child support; (ii)
13the non-custodial parent failed to comply with the request,
14despite having been ordered to do so by the court; and (iii)
15the non-custodial parent is not present at the hearing to
16determine support despite having received proper notice, then
17any relevant financial information concerning the
18non-custodial parent's ability to provide child support that
19was obtained pursuant to subpoena and proper notice shall be
20admitted into evidence without the need to establish any
21further foundation for its admission.
22    (f) A new or existing support order entered by the court
23under this Section shall be deemed to be a series of judgments
24against the person obligated to pay support thereunder, each
25judgment to be in the amount of each payment or installment of
26support and each judgment to be deemed entered as of the date

 

 

HB1531- 58 -LRB099 04250 HEP 25224 b

1the corresponding payment or installment becomes due under the
2terms of the support order. Each judgment shall have the full
3force, effect, and attributes of any other judgment of this
4State, including the ability to be enforced. A judgment under
5this Section is subject to modification or termination only in
6accordance with Section 510 of the Illinois Marriage and
7Dissolution of Marriage Act. Notwithstanding any State or local
8law to the contrary, a lien arises by operation of law against
9the real and personal property of the noncustodial parent for
10each installment of overdue support owed by the noncustodial
11parent.
12    (g) If the judgment or order of the court is at variance
13with the child's birth certificate, the court shall order that
14a new birth certificate be issued under the Vital Records Act.
15    (h) On the request of both parents, the court shall order a
16change in the child's name.
17    (i) After hearing evidence, the court may stay payment of
18support during the period of the father's minority or period of
19disability.
20    (j) If, upon a showing of proper service, the father fails
21to appear in court or otherwise appear as provided by law, the
22court may proceed to hear the cause upon testimony of the
23mother or other parties taken in open court and shall enter a
24judgment by default. The court may reserve any order as to the
25amount of child support until the father has received notice,
26by regular mail, of a hearing on the matter.

 

 

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1    (k) An order for support, when entered or modified, shall
2include a provision requiring the non-custodial parent to
3notify the court and, in cases in which a party is receiving
4child support enforcement services under Article X of the
5Illinois Public Aid Code, the Department of Healthcare and
6Family Services, within 7 days: (i) of the name and address of
7any new employer of the non-custodial parent; (ii) whether the
8non-custodial parent has access to health insurance coverage
9through the employer or other group coverage and, if so, of the
10policy name and number and the names of adults and initials of
11minors covered under the policy; and (iii) of any new
12residential or mailing address or telephone number of the
13non-custodial parent. In a subsequent action to enforce a
14support order, upon a sufficient showing that a diligent effort
15has been made to ascertain the location of the non-custodial
16parent, service of process or provision of notice necessary in
17the case may be made at the last known address of the
18non-custodial parent in any manner expressly provided by this
19Act or the Code of Civil Procedure, and shall be sufficient for
20purposes of due process.
21    (l) An order for support shall include a date on which the
22current support obligation terminates. The termination date
23shall be no earlier than the date on which the child covered by
24the order will attain the age of 18. However, if the child will
25not graduate from high school until after attaining the age of
2618, then the termination date shall be no earlier than the

 

 

HB1531- 60 -LRB099 04250 HEP 25224 b

1earlier of the date on which the child's high school graduation
2will occur or the date on which the child will attain the age
3of 19. The order for support shall state that the termination
4date does not apply to any arrearage that may remain unpaid on
5that date. Nothing in this subsection shall be construed to
6prevent the court from modifying the order or terminating the
7order in the event the child is otherwise emancipated.
8    (m) If there is an unpaid arrearage or delinquency (as
9those terms are defined in the Income Withholding for Support
10Act) equal to at least one month's support obligation on the
11termination date stated in the order for support or, if there
12is no termination date stated in the order, on the date the
13child attains the age of majority or is otherwise emancipated,
14the periodic amount required to be paid for current support of
15that child immediately prior to that date shall automatically
16continue to be an obligation, not as current support but as
17periodic payment toward satisfaction of the unpaid arrearage or
18delinquency. The periodic payment shall be in addition to any
19periodic payment previously required for satisfaction of the
20arrearage or delinquency. The total periodic amount to be paid
21toward satisfaction of the arrearage or delinquency may be
22enforced and collected by any method provided by law for
23enforcement and collection of child support, including but not
24limited to income withholding under the Income Withholding for
25Support Act. Each order for support entered or modified must
26contain a statement notifying the parties of the requirements

 

 

HB1531- 61 -LRB099 04250 HEP 25224 b

1of this subsection. Failure to include the statement in the
2order for support does not affect the validity of the order or
3the operation of the provisions of this subsection with regard
4to the order. This subsection shall not be construed to prevent
5or affect the establishment or modification of an order for
6support of a minor child or the establishment or modification
7of an order for support of a non-minor child or educational
8expenses under Section 513 of the Illinois Marriage and
9Dissolution of Marriage Act.
10    (n) An order entered under this Section shall include a
11provision requiring the obligor to report to the obligee and to
12the clerk of court within 7 days each time the obligor obtains
13new employment, and each time the obligor's employment is
14terminated for any reason. The report shall be in writing and
15shall, in the case of new employment, include the name and
16address of the new employer. Failure to report new employment
17or the termination of current employment, if coupled with
18nonpayment of support for a period in excess of 60 days, is
19indirect criminal contempt. For an obligor arrested for failure
20to report new employment bond shall be set in the amount of the
21child support that should have been paid during the period of
22unreported employment. An order entered under this Section
23shall also include a provision requiring the obligor and
24obligee parents to advise each other of a change in residence
25within 5 days of the change except when the court finds that
26the physical, mental, or emotional health of a party or that of

 

 

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1a minor child, or both, would be seriously endangered by
2disclosure of the party's address.
 
3    Section 803. Information to State Case Registry.
4    (a) In this Section:
5    "Order for support", "obligor", "obligee", and "business
6day" are defined as set forth in the Income Withholding for
7Support Act.
8    "State Case Registry" means the State Case Registry
9established under Section 10-27 of the Illinois Public Aid
10Code.
11    (b) Each order for support entered or modified by the
12circuit court under this Act shall require that the obligor and
13obligee file with the clerk of the circuit court (i) the
14information required by this Section (and any other information
15required under Title IV, Part D of the Social Security Act or
16by the federal Department of Health and Human Services) at the
17time of entry or modification of the order for support; and
18(ii) updated information within 5 business days of any change.
19Failure of the obligor or obligee to file or update the
20required information shall be punishable as in cases of
21contempt. The failure shall not prevent the court from entering
22or modifying the order for support, however.
23    (c) The obligor shall file the following information: the
24obligor's name, year of birth, mailing address, and the last 4
25digits of the obligor's social security number. If either the

 

 

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1obligor or the obligee receives child support enforcement
2services from the Department of Healthcare and Family Services
3under Article X of the Illinois Public Aid Code, the obligor
4shall also file the following information: the obligor's
5telephone number, the last 4 digits of the obligor's driver's
6license number, residential address (if different from the
7obligor's mailing address), and the name, address, and
8telephone number of the obligor's employer or employers.
9    (d) The obligee shall file the following information:
10        (1) The name of the obligee and the initials of the
11    child or children covered by the order for support.
12        (2) The years of birth of the obligee and the child or
13    children covered by the order for support.
14        (3) The last 4 digits of the social security numbers of
15    the obligee and the child or children covered by the order
16    for support.
17        (4) The obligee's mailing address.
18    (e) In cases in which the obligee receives child support
19enforcement services from the Department of Healthcare and
20Family Services under Article X of the Illinois Public Aid
21Code, the order for support shall (i) require that the obligee
22file the information required under subsection (d) with the
23Department of Healthcare and Family Services for inclusion in
24the State Case Registry, rather than file the information with
25the clerk, and (ii) require that the obligee include the
26following additional information:

 

 

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1        (1) The obligee's telephone and the last 4 digits of
2    the obligee's driver's license number.
3        (2) The obligee's residential address, if different
4    from the obligee's mailing address.
5        (3) The name, address, and telephone number of the
6    obligee's employer or employers.
7    The order for support shall also require that the obligee
8update the information filed with the Department of Healthcare
9and Family Services within 5 business days of any change.
10    (f) The clerk of the circuit court shall provide the
11information filed under this Section, together with the court
12docket number and county in which the order for support was
13entered, to the State Case Registry within 5 business days
14after receipt of the information.
15    (g) In a case in which a party is receiving child support
16enforcement services under Article X of the Illinois Public Aid
17Code, the clerk of the circuit court shall provide the
18following additional information to the State Case Registry
19within 5 business days after entry or modification of an order
20for support or request from the Department of Healthcare and
21Family Services:
22        (1) the amount of monthly or other periodic support
23    owed under the order for support and other amounts,
24    including arrearage, interest, or late payment penalties
25    and fees, due or overdue under the order; and
26        (2) any amounts that have been received by the clerk,

 

 

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1    and the distribution of those amounts by the clerk.
2    (h) Information filed by the obligor and obligee under this
3Section that is not specifically required to be included in the
4body of an order for support under other laws is not a public
5record and shall be treated as confidential and subject to
6disclosure only in accordance with the provisions of this
7Section, Section 10-27 of the Illinois Public Aid Code, and
8Title IV, Part D of the Social Security Act.
 
9    Section 804. Information to locate putative fathers and
10noncustodial parents.
11    (a) Upon request by a public office, employers, labor
12unions, and telephone companies shall provide location
13information concerning putative fathers and noncustodial
14parents for the purpose of establishing the parentage of a
15child or establishing, enforcing, or modifying a child support
16obligation. As used in this Section, the term "public office"
17is defined as set forth in the Income Withholding for Support
18Act, and "location information" means information about (i) the
19physical whereabouts of a putative father or noncustodial
20parent; (ii) the employer of the putative father or
21noncustodial parent; or (iii) the salary, wages, and other
22compensation paid and the health insurance coverage provided to
23the putative father or noncustodial parent by the employer of
24the putative father or noncustodial parent or by a labor union
25of which the putative father or noncustodial parent is a

 

 

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1member. An employer, labor union, or telephone company shall
2respond to the request of the public office within 15 days
3after receiving the request. An employer, labor union, or
4telephone company that willfully fails to fully respond within
5the 15-day period shall be subject to a penalty of $100 for
6each day that the response is not provided to the public office
7after the 15-day period has expired. The penalty may be
8collected in a civil action, which may be brought against the
9employer, labor union, or telephone company in favor of the
10public office.
11    (b) Upon being served with a subpoena (including an
12administrative subpoena as authorized by law), a utility
13company or cable television company must provide location
14information to a public office for the purpose of establishing
15the parentage of a child or establishing, enforcing, or
16modifying a child support obligation.
17    (c) Notwithstanding the provisions of any other State or
18local law to the contrary, an employer, labor union, telephone
19company, utility company, or cable television company shall not
20be liable to any person for disclosure of location information
21under the requirements of this Section, except for willful and
22wanton misconduct.
 
23    Section 805. Enforcement of judgment or order.
24    (a) If the existence of the parent-child relationship is
25declared, or if parentage or a duty of support has been

 

 

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1established under this Act or under prior law or under the law
2of any other jurisdiction, the judgment rendered thereunder may
3be enforced in the same or in other proceedings by any party or
4any person or agency that has furnished or may furnish
5financial assistance or services to the child. The Income
6Withholding for Support Act and Sections 802 and 808 of this
7Act shall also be applicable with respect to the entry,
8modification, and enforcement of a support judgment entered
9under the Paternity Act, approved July 5, 1957 and repealed
10July 1, 1985.
11    (b) Failure to comply with an order of the court shall be
12punishable as contempt as in other cases of failure to comply
13under the Illinois Marriage and Dissolution of Marriage Act. In
14addition to other penalties provided by law, the court may,
15after finding the party guilty of contempt, take the following
16action:
17        (1) Order that the party be placed on probation with
18    such conditions of probation as the court deems advisable.
19        (2) Order that the party be sentenced to periodic
20    imprisonment for a period not to exceed 6 months. However,
21    the court may permit the party to be released for periods
22    of time during the day or night to work, conduct business,
23    or engage in other self-employed occupation. The court may
24    further order any part of all the earnings of a party
25    during a sentence of periodic imprisonment to be paid to
26    the clerk of the circuit court or to the person or parent

 

 

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1    having custody of the minor child for the support of the
2    child until further order of the court.
3        (3) Pierce the ownership veil of a person, persons, or
4    business entity to discover assets of a non-custodial
5    parent held in the name of that person, those persons, or
6    that business entity, if there is a unity of interest and
7    ownership sufficient to render no financial separation
8    between the non-custodial parent and that person, those
9    persons, or the business entity. The following
10    circumstances are sufficient for a court to order discovery
11    of the assets of a person, persons, or business entity and
12    to compel the application of any discovered assets toward
13    payment of the judgment for support:
14            (A) the non-custodial parent and the person,
15        persons, or business entity maintain records together.
16            (B) the non-custodial parent and the person,
17        persons, or business entity fail to maintain an
18        arm's-length relationship between themselves with
19        regard to any assets.
20            (C) the non-custodial parent transfers assets to
21        the person, persons, or business entity with the intent
22        to perpetrate a fraud on the custodial parent. With
23        respect to assets which are real property, no order
24        entered under this subdivision (3) shall affect the
25        rights of bona fide purchasers, mortgagees, judgment
26        creditors, or other lien holders who acquire their

 

 

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1        interests in the property prior to the time a notice of
2        lis pendens under the Code of Civil Procedure or a copy
3        of the order is placed of record in the office of the
4        recorder of deeds for the county in which the real
5        property is located.
6        (4) Order that, in cases where the party is 90 days or
7    more delinquent in payment of support or has been
8    adjudicated in arrears in an amount equal to 90 days
9    obligation or more, the party's Illinois driving
10    privileges be suspended until the court determines that the
11    party is in compliance with the judgment or duty of
12    support. The court may also order that the parent be issued
13    a family financial responsibility driving permit that
14    would allow limited driving privileges for employment and
15    medical purposes in accordance with Section 7-702.1 of the
16    Illinois Vehicle Code. The clerk of the circuit court shall
17    certify the order suspending the driving privileges of the
18    parent or granting the issuance of a family financial
19    responsibility driving permit to the Secretary of State on
20    forms prescribed by the Secretary. Upon receipt of the
21    authenticated documents, the Secretary of State shall
22    suspend the party's driving privileges until further order
23    of the court and shall, if ordered by the court and subject
24    to the provisions of Section 7-702.1 of the Illinois
25    Vehicle Code, issue a family financial responsibility
26    driving permit to the parent.

 

 

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1    In addition to the penalties or punishment that may be
2imposed under this Section, a person whose conduct constitutes
3a violation of Section 15 of the Non-Support Punishment Act may
4be prosecuted under that Act, and a person convicted under that
5Act may be sentenced in accordance with that Act. The sentence
6may include, but need not be limited to, a requirement that the
7person perform community service under Section 50 of that Act
8or participate in a work alternative program under Section 50
9of that Act. A person may not be required to participate in a
10work alternative program under Section 50 of the Non-Support
11Punishment Act if the person is currently participating in a
12work program under Section 806 of this Act.
13    (c) In a post-judgment proceeding to enforce or modify the
14judgment, the parties shall continue to be designated as in the
15original proceeding.
 
16    Section 806. Unemployment of person owing duty of support.
17    (a) Whenever it is determined in a proceeding to establish
18or enforce a child support obligation that the person owing a
19duty of support is unemployed, the court may order the person
20to seek employment and report periodically to the court with a
21diary, listing, or other memorandum of his or her efforts to
22seek employment in accordance with the order. Additionally, the
23court may order the unemployed person to report to the
24Department of Employment Security for job search services and
25to participate in job training or work programs. When the duty

 

 

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1of support is owed to a child receiving child support
2enforcement services under Article X of the Illinois Public Aid
3Code, the court may order the unemployed person to report to
4the Department of Healthcare and Family Services for
5participation in job search, training, or work programs
6established under Section 9-6 and Article IXA of that Code.
7    (b) Whenever it is determined that a person owes past-due
8support for a child, and the child is receiving assistance
9under the Illinois Public Aid Code, the court shall, at the
10request of the Department of Healthcare and Family Services,
11order the following:
12        (1) that the person pay the past-due support in
13    accordance with a payment plan approved by the court; or
14        (2) if the person owing past-due support is unemployed,
15    is subject to a payment plan, and is not incapacitated,
16    that the person participate in job search, training, or
17    work programs established under Section 9-6 and Article IXA
18    of the Illinois Public Aid Code as the court deems
19    appropriate.
 
20    Section 807. Order of protection; status. Whenever relief
21is sought under this Act, the court, before granting relief,
22shall determine whether an order of protection has previously
23been entered in the instant proceeding or any other proceeding
24in which any party, or a child of any party, or both, if
25relevant, has been designated as either a respondent or a

 

 

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1protected person.
 
2    Section 808. Modification of judgment. The court has
3continuing jurisdiction to modify an order for support,
4custody, parenting time, or removal included in a judgment
5entered under this Act. Any custody, parenting time, or removal
6judgment modification shall be in accordance with the relevant
7factors specified in the Illinois Marriage and Dissolution of
8Marriage Act. Any support judgment is subject to modification
9or termination only in accordance with Section 510 of the
10Illinois Marriage and Dissolution of Marriage Act.
 
11    Section 809. Right to counsel.
12    (a) Any party may be represented by counsel at all
13proceedings under this Act. Except as otherwise provided in
14this Act, the court may order, in accordance with the relevant
15factors specified in Section 508 of the Illinois Marriage and
16Dissolution of Marriage Act, reasonable fees of counsel,
17experts, and other costs of the action, pre-trial proceedings,
18post-judgment proceedings to enforce or modify the judgment,
19and the appeal or the defense of an appeal of the judgment to
20be paid by the parties. The court may not order payment by the
21Department of Healthcare and Family Services in cases in which
22the Department is providing child support enforcement services
23under Article X of the Illinois Public Aid Code.
24    (b) In any proceedings involving the support, custody,

 

 

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1parenting time, education, parentage, property interest, or
2general welfare of a minor or dependent child, the court may,
3on its own motion or that of any party, appoint an attorney to
4serve in one of the capacities specified in Section 506 of the
5Illinois Marriage and Dissolution of Marriage Act.
 
6    Section 810. Withholding of income to secure payment of
7support. Orders for support entered under this Act are subject
8to the Income Withholding for Support Act.
 
9    Section 811. Information concerning obligors.
10    (a) In this Section:
11    "Arrearage", "delinquency", "obligor", and "order for
12support" have the meanings attributed to those terms in the
13Income Withholding for Support Act.
14    "Consumer reporting agency" has the meaning attributed to
15that term in Section 603(f) of the Fair Credit Reporting Act,
1615 U.S.C. 1681a(f).
17    (b) Whenever a court of competent jurisdiction finds that
18an obligor either owes an arrearage of more than $10,000 or is
19delinquent in payment of an amount equal to at least 3 months'
20support obligation pursuant to an order for support, the court
21shall direct the clerk of the circuit court to make information
22concerning the obligor available to consumer reporting
23agencies.
24    (c) Whenever a court of competent jurisdiction finds that

 

 

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1an obligor either owes an arrearage of more than $10,000 or is
2delinquent in payment of an amount equal to at least 3 months'
3support obligation pursuant to an order for support, the court
4shall direct the clerk of the circuit court to cause the
5obligor's name and address to be published in a newspaper of
6general circulation in the area in which the obligor resides.
7The clerk of the circuit court shall cause the obligor's name
8and address to be published only after sending to the obligor
9at the obligor's last known address, by certified mail, return
10receipt requested, a notice of intent to publish the
11information. This subsection (c) applies only if the obligor
12resides in the county in which the clerk of the circuit court
13holds office.
 
14    Section 812. Interest on support obligations. A support
15obligation, or any portion of a support obligation, which
16becomes due and remains unpaid as of the end of each month,
17excluding the child support that was due for that month to the
18extent that it was not paid in that month, shall accrue simple
19interest as set forth in Section 12-109 of the Code of Civil
20Procedure. An order for support shall contain a statement that
21a support obligation required under the order, or any portion
22of a support obligation required under the order, that becomes
23due and remains unpaid as of the end of each month, excluding
24the child support that was due for that month to the extent
25that it was not paid in that month, shall accrue simple

 

 

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1interest as set forth in Section 12-109 of the Code of Civil
2Procedure. Failure to include the statement in the order for
3support does not affect the validity of the order or the
4accrual of interest as provided in this Section.
 
5    Section 813. Support payments; receiving and disbursing
6agents.
7    (a) In an action filed in a county with less than 3,000,000
8inhabitants in which an order for child support is entered, and
9in supplementary proceedings to enforce or vary the terms of
10the order arising out of an action filed in such a county, the
11court, except in actions or supplementary proceedings in which
12the pregnancy and delivery expenses of the mother or the child
13support payments are for a recipient of aid under the Illinois
14Public Aid Code, shall direct that child support payments be
15made to the clerk of the circuit court, unless in the
16discretion of the court exceptional circumstances warrant
17otherwise. In cases where payment is to be made to persons
18other than the clerk of the circuit court, the judgment or
19order of support shall set forth the facts of the exceptional
20circumstances.
21    (b) In an action filed in a county of 3,000,000 or more
22inhabitants in which an order for child support is entered, and
23in supplementary proceedings to enforce or vary the terms of
24the order arising out of an action filed in such a county, the
25court, except in actions or supplementary proceedings in which

 

 

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1the pregnancy and delivery expenses of the mother or the child
2support payments are for a recipient of aid under the Illinois
3Public Aid Code, shall direct that child support payments be
4made either to the clerk of the circuit court or to the Court
5Service Division of the Department of Human Services local
6office or offices or its successor or to the Department of
7Healthcare and Family Services, unless in the discretion of the
8court exceptional circumstances warrant otherwise. In cases
9where payment is to be made to persons other than the clerk of
10the circuit court, the Court Service Division of the Department
11of Human Services local office or offices or its successor, or
12the Department of Healthcare and Family Services, the judgment
13or order of support shall set forth the facts of the
14exceptional circumstances.
15    (c) When the action or supplementary proceeding is on
16behalf of a mother for pregnancy and delivery expenses or for
17child support, or both, and the mother, child, or both, are
18recipients of aid under the Illinois Public Aid Code, the court
19shall order that the payments be made directly to (1) the
20Department of Healthcare and Family Services, if the mother or
21child, or both, are recipients under Article IV or V of the
22Illinois Public Aid Code; or (2) the local governmental unit
23responsible for the support of the mother or child, or both, if
24they are recipients under Article VI of the Illinois Public Aid
25Code. In accordance with federal law and regulations, the
26Department of Healthcare and Family Services may continue to

 

 

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1collect current maintenance payments or child support
2payments, or both, after those persons cease to receive public
3assistance and until termination of services under Article X of
4the Illinois Public Aid Code. The Department of Healthcare and
5Family Services shall pay the net amount collected to those
6persons after deducting any costs incurred in making the
7collection or any collection fee from the amount of any
8recovery made. The Department of Healthcare and Family Services
9or the local governmental unit, as the case may be, may direct
10that payments be made directly to the mother of the child, or
11to some other person or agency on the child's behalf, upon the
12removal of the mother and child from the public aid rolls or
13upon termination of services under Article X of the Illinois
14Public Aid Code; upon such direction, the Department of
15Healthcare and Family Services or the local governmental unit
16shall give notice of the action to the court in writing or by
17electronic transmission.
18    (d) All clerks of the circuit court and the Court Service
19Division of the Department of Human Services local office or
20offices or its successor and the Department of Healthcare and
21Family Services, receiving child support payments under
22subsection (a) or (b) shall disburse the payments to the person
23or persons entitled to the payments under the terms of the
24order. The entity disbursing the payments shall establish and
25maintain clear and current records of all moneys received and
26disbursed and of defaults and delinquencies in required

 

 

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1payments. The court, by order or rule, shall make provision for
2the carrying out of these duties. Payments under this Section
3to the Department of Healthcare and Family Services made
4pursuant to the Child Support Enforcement Program established
5by Title IV-D of the Social Security Act shall be paid into the
6Child Support Enforcement Trust Fund. All payments under this
7Section to the Illinois Department of Human Services shall be
8deposited in the DHS Recoveries Trust Fund. Disbursement from
9these funds shall be as provided in the Illinois Public Aid
10Code. Payments received by a local governmental unit shall be
11deposited in that unit's General Assistance Fund.
12    (e) The moneys received by persons or agencies designated
13by the court shall be disbursed by them in accordance with the
14order. However, the court, on petition of the State's Attorney,
15may enter new orders designating the clerk of the circuit court
16or the Department of Healthcare and Family Services as the
17person or agency authorized to receive and disburse child
18support payments and, in the case of a recipient of public aid,
19the court, on petition of the Attorney General or State's
20Attorney, shall direct subsequent payments to be paid to the
21Department of Healthcare and Family Services or to the
22appropriate local governmental unit, as provided in subsection
23(c) of this Section. Payments of child support by principals or
24sureties on bonds or proceeds of any sale for the enforcement
25of a judgment shall be made to the clerk of the circuit court,
26the Department of Healthcare and Family Services, or the

 

 

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1appropriate local governmental unit, as required by this
2Section.
3    (f) For those cases in which child support is payable to
4the clerk of the circuit court for transmittal to the
5Department of Healthcare and Family Services by order of court
6or upon notification by the Department of Healthcare and Family
7Services, the clerk of the circuit court shall transmit all
8payments, within 4 working days of receipt, to insure that
9funds are available for immediate distribution by the
10Department of Healthcare and Family Services to the person or
11entity entitled to them in accordance with the Child Support
12Enforcement Program under Title IV-D of the Social Security
13Act. The clerk of the circuit court shall notify the Department
14of Healthcare and Family Services of the date of receipt and
15the amount of the funds at the time of transmittal. If the
16clerk of the circuit court has entered into an agreement of
17cooperation with the Department of Healthcare and Family
18Services to record the terms of child support orders and
19payments made thereunder directly into the Department's
20automated data processing system, the clerk of the circuit
21court shall account for, transmit and otherwise distribute
22child support payments in accordance with the agreement in lieu
23of the requirements contained in this Section.
24    (g) To the extent the provisions of this Section are
25inconsistent with the requirements pertaining to the State
26Disbursement Unit under Section 815 of this Act and Section

 

 

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110-26 of the Illinois Public Aid Code, the requirements
2pertaining to the State Disbursement Unit shall apply.
 
3    Section 814. Notice of child support enforcement services.
4The Department of Healthcare and Family Services may provide
5notice at any time to the parties to an action filed under this
6Act that child support enforcement services are being provided
7by the Department under Article X of the Illinois Public Aid
8Code. After notice is provided, the Department of Healthcare
9and Family Services shall be entitled, as if it were a party,
10to notice of any further proceedings brought in the case. The
11Department of Healthcare and Family Services shall provide the
12clerk of the circuit court with copies of the notices sent to
13the parties. The clerk of the circuit court shall file the
14copies in the court file.
 
15    Section 815. Payment of support to State Disbursement Unit.
16    (a) As used in this Section, "order for support",
17"obligor", "obligee", and "payor" have the meanings ascribed to
18them in the Income Withholding for Support Act, except that
19"order for support" does not mean an order for spousal
20maintenance under which there is no child support obligation.
21    (b) Notwithstanding any other provision of this Act to the
22contrary, each order for support entered or modified on or
23after October 1, 1999 shall require that support payments be
24made to the State Disbursement Unit established under Section

 

 

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110-26 of the Illinois Public Aid Code if:
2        (1) a party to the order is receiving child support
3    enforcement services under Article X of the Illinois Public
4    Aid Code; or
5        (2) no party to the order is receiving child support
6    enforcement services, but the support payments are made
7    through income withholding.
8    (c) Support payments shall be made to the State
9Disbursement Unit if:
10        (1) the order for support was entered before October 1,
11    1999, and a party to the order is receiving child support
12    enforcement services under Article X of the Illinois Public
13    Aid Code; or
14        (2) no party to the order is receiving child support
15    enforcement services, and the support payments are being
16    made through income withholding.
17    (d) If no party to the order is receiving child support
18enforcement services under Article X of the Illinois Public Aid
19Code and the support payments are not made through income
20withholding, then support payments shall be made as directed by
21the order for support.
22    (e) At any time, and notwithstanding the existence of an
23order directing payments to be made elsewhere, the Department
24of Healthcare and Family Services may provide notice to the
25obligor and, where applicable, to the obligor's payor:
26        (1) to make support payments to the State Disbursement

 

 

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1    Unit if:
2            (A) a party to the order for support is receiving
3        child support enforcement services under Article X of
4        the Illinois Public Aid Code; or
5            (B) no party to the order for support is receiving
6        child support enforcement services under Article X of
7        the Illinois Public Aid Code, but the support payments
8        are made through income withholding; or
9        (2) to make support payments to the State Disbursement
10    Unit of another state upon request of another state's Title
11    IV-D child support enforcement agency, in accordance with
12    the requirements of Title IV, Part D of the Social Security
13    Act and regulations promulgated under that Part D.
14    The Department of Healthcare and Family Services shall
15provide a copy of the notice sent under this subsection to the
16obligee and to the clerk of the circuit court.
17    (f) The clerk of the circuit court shall provide written
18notice to the obligor to make payments directly to the clerk of
19the circuit court if no party to the order is receiving child
20support enforcement services under Article X of the Illinois
21Public Aid Code, the support payments are not made through
22income withholding, and the order for support requires support
23payments to be made directly to the clerk of the circuit court.
24The clerk of the circuit court shall provide a copy of the
25notice to the obligee.
26    (g) If the State Disbursement Unit receives a support

 

 

HB1531- 83 -LRB099 04250 HEP 25224 b

1payment that was not appropriately made to the Unit under this
2Section, the Unit shall immediately return the payment to the
3sender, including, if possible, instructions detailing where
4to send the support payments.
5    (h) The notices under subsections (e) and (f) may be sent
6by ordinary mail, certified mail with return receipt requested,
7facsimile transmission, other electronic process, or any
8method provided by law for service of a summons.
 
9    Section 816. Notice to the clerk of circuit court of
10payment received by Department of Healthcare and Family
11Services. For those cases in which support is payable to the
12clerk of the circuit court for transmittal to the Department of
13Healthcare and Family Services by order of court, and the
14Department of Healthcare and Family Services collects support
15by assignment, offset, withhold, deduction, or other process
16permitted by law, the Department of Healthcare and Family
17Services shall notify the clerk of the circuit court of the
18date and amount of the collection. Upon notification, the clerk
19of the circuit court shall record the collection on the payment
20record for the case.
 
21
ARTICLE 9. MISCELLANEOUS PROVISIONS

 
22    Section 901. Burden of proof. Absent a burden of proof
23specifically set forth in this Act, the burden of proof shall

 

 

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1be by a preponderance of the evidence.
 
2    Section 902. Severability clause. If any provision of this
3Act or its application to an individual or circumstance is held
4invalid, the invalidity does not affect other provisions or
5applications of this Act which can be given effect without the
6invalid provision or application, and to this end the
7provisions of this Act are severable.
 
8    Section 903. Transitional provision. A proceeding to
9adjudicate parentage which was commenced before the effective
10date of this Act is governed by the law in effect at the time
11the proceeding was commenced.
 
12    Section 904. Savings provision. The repeal of the Illinois
13Parentage Act of 1984 and the Illinois Parentage Act shall not
14affect rights or liabilities under those Act which have been
15determined, settled, or adjudicated prior to the effective date
16of this Act or which are the subject of proceedings pending on
17the effective date of this Act. This Act shall not be construed
18to bar an action which would have been barred because the
19action had not been filed within a time limitation under the
20Illinois Parentage Act of 1984 and the Illinois Parentage Act,
21or which could not have been maintained under those Acts, as
22long as the action is not barred by a limitations period set
23forth in this Act.
 

 

 

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1    Section 905. Other states' establishments of parentage.
2Establishments of parentage made under the laws of other states
3shall be given full faith and credit in this State regardless
4of whether parentage was established through voluntary
5acknowledgment or through judicial or administrative
6processes.
 
7    Section 951. The Department of Employment Security Law of
8the Civil Administrative Code of Illinois is amended by
9changing Section 1005-130 as follows:
 
10    (20 ILCS 1005/1005-130)  (was 20 ILCS 1005/43a.14)
11    Sec. 1005-130. Exchange of information for child support
12enforcement.
13    (a) The Department has the power to exchange with the
14Department of Healthcare and Family Services information that
15may be necessary for the enforcement of child support orders
16entered pursuant to the Illinois Public Aid Code, the Illinois
17Marriage and Dissolution of Marriage Act, the Non-Support of
18Spouse and Children Act, the Non-Support Punishment Act, the
19Revised Uniform Reciprocal Enforcement of Support Act, the
20Uniform Interstate Family Support Act, or the Illinois
21Parentage Act of 1984, or the Illinois Parentage Act of 2015.
22    (b) Notwithstanding any provisions in the Civil
23Administrative Code of Illinois to the contrary, the Department

 

 

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1of Employment Security shall not be liable to any person for
2any disclosure of information to the Department of Healthcare
3and Family Services (formerly Illinois Department of Public
4Aid) under subsection (a) or for any other action taken in good
5faith to comply with the requirements of subsection (a).
6(Source: P.A. 95-331, eff. 8-21-07.)
 
7    Section 952. The Department of Professional Regulation Law
8of the Civil Administrative Code of Illinois is amended by
9changing Section 2105-15 as follows:
 
10    (20 ILCS 2105/2105-15)
11    Sec. 2105-15. General powers and duties.
12    (a) The Department has, subject to the provisions of the
13Civil Administrative Code of Illinois, the following powers and
14duties:
15        (1) To authorize examinations in English to ascertain
16    the qualifications and fitness of applicants to exercise
17    the profession, trade, or occupation for which the
18    examination is held.
19        (2) To prescribe rules and regulations for a fair and
20    wholly impartial method of examination of candidates to
21    exercise the respective professions, trades, or
22    occupations.
23        (3) To pass upon the qualifications of applicants for
24    licenses, certificates, and authorities, whether by

 

 

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1    examination, by reciprocity, or by endorsement.
2        (4) To prescribe rules and regulations defining, for
3    the respective professions, trades, and occupations, what
4    shall constitute a school, college, or university, or
5    department of a university, or other institution,
6    reputable and in good standing, and to determine the
7    reputability and good standing of a school, college, or
8    university, or department of a university, or other
9    institution, reputable and in good standing, by reference
10    to a compliance with those rules and regulations; provided,
11    that no school, college, or university, or department of a
12    university, or other institution that refuses admittance
13    to applicants solely on account of race, color, creed, sex,
14    or national origin shall be considered reputable and in
15    good standing.
16        (5) To conduct hearings on proceedings to revoke,
17    suspend, refuse to renew, place on probationary status, or
18    take other disciplinary action as authorized in any
19    licensing Act administered by the Department with regard to
20    licenses, certificates, or authorities of persons
21    exercising the respective professions, trades, or
22    occupations and to revoke, suspend, refuse to renew, place
23    on probationary status, or take other disciplinary action
24    as authorized in any licensing Act administered by the
25    Department with regard to those licenses, certificates, or
26    authorities. The Department shall issue a monthly

 

 

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1    disciplinary report. The Department shall deny any license
2    or renewal authorized by the Civil Administrative Code of
3    Illinois to any person who has defaulted on an educational
4    loan or scholarship provided by or guaranteed by the
5    Illinois Student Assistance Commission or any governmental
6    agency of this State; however, the Department may issue a
7    license or renewal if the aforementioned persons have
8    established a satisfactory repayment record as determined
9    by the Illinois Student Assistance Commission or other
10    appropriate governmental agency of this State.
11    Additionally, beginning June 1, 1996, any license issued by
12    the Department may be suspended or revoked if the
13    Department, after the opportunity for a hearing under the
14    appropriate licensing Act, finds that the licensee has
15    failed to make satisfactory repayment to the Illinois
16    Student Assistance Commission for a delinquent or
17    defaulted loan. For the purposes of this Section,
18    "satisfactory repayment record" shall be defined by rule.
19    The Department shall refuse to issue or renew a license to,
20    or shall suspend or revoke a license of, any person who,
21    after receiving notice, fails to comply with a subpoena or
22    warrant relating to a paternity or child support
23    proceeding. However, the Department may issue a license or
24    renewal upon compliance with the subpoena or warrant.
25        The Department, without further process or hearings,
26    shall revoke, suspend, or deny any license or renewal

 

 

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1    authorized by the Civil Administrative Code of Illinois to
2    a person who is certified by the Department of Healthcare
3    and Family Services (formerly Illinois Department of
4    Public Aid) as being more than 30 days delinquent in
5    complying with a child support order or who is certified by
6    a court as being in violation of the Non-Support Punishment
7    Act for more than 60 days. The Department may, however,
8    issue a license or renewal if the person has established a
9    satisfactory repayment record as determined by the
10    Department of Healthcare and Family Services (formerly
11    Illinois Department of Public Aid) or if the person is
12    determined by the court to be in compliance with the
13    Non-Support Punishment Act. The Department may implement
14    this paragraph as added by Public Act 89-6 through the use
15    of emergency rules in accordance with Section 5-45 of the
16    Illinois Administrative Procedure Act. For purposes of the
17    Illinois Administrative Procedure Act, the adoption of
18    rules to implement this paragraph shall be considered an
19    emergency and necessary for the public interest, safety,
20    and welfare.
21        (6) To transfer jurisdiction of any realty under the
22    control of the Department to any other department of the
23    State Government or to acquire or accept federal lands when
24    the transfer, acquisition, or acceptance is advantageous
25    to the State and is approved in writing by the Governor.
26        (7) To formulate rules and regulations necessary for

 

 

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1    the enforcement of any Act administered by the Department.
2        (8) To exchange with the Department of Healthcare and
3    Family Services information that may be necessary for the
4    enforcement of child support orders entered pursuant to the
5    Illinois Public Aid Code, the Illinois Marriage and
6    Dissolution of Marriage Act, the Non-Support of Spouse and
7    Children Act, the Non-Support Punishment Act, the Revised
8    Uniform Reciprocal Enforcement of Support Act, the Uniform
9    Interstate Family Support Act, or the Illinois Parentage
10    Act of 1984, or the Illinois Parentage Act of 2015.
11    Notwithstanding any provisions in this Code to the
12    contrary, the Department of Professional Regulation shall
13    not be liable under any federal or State law to any person
14    for any disclosure of information to the Department of
15    Healthcare and Family Services (formerly Illinois
16    Department of Public Aid) under this paragraph (8) or for
17    any other action taken in good faith to comply with the
18    requirements of this paragraph (8).
19        (8.5) To accept continuing education credit for
20    mandated reporter training on how to recognize and report
21    child abuse offered by the Department of Children and
22    Family Services and completed by any person who holds a
23    professional license issued by the Department and who is a
24    mandated reporter under the Abused and Neglected Child
25    Reporting Act. The Department shall adopt any rules
26    necessary to implement this paragraph.

 

 

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1        (9) To perform other duties prescribed by law.
2    (a-5) Except in cases involving default on an educational
3loan or scholarship provided by or guaranteed by the Illinois
4Student Assistance Commission or any governmental agency of
5this State or in cases involving delinquency in complying with
6a child support order or violation of the Non-Support
7Punishment Act, no person or entity whose license, certificate,
8or authority has been revoked as authorized in any licensing
9Act administered by the Department may apply for restoration of
10that license, certification, or authority until 3 years after
11the effective date of the revocation.
12    (b) The Department may, when a fee is payable to the
13Department for a wall certificate of registration provided by
14the Department of Central Management Services, require that
15portion of the payment for printing and distribution costs be
16made directly or through the Department to the Department of
17Central Management Services for deposit into the Paper and
18Printing Revolving Fund. The remainder shall be deposited into
19the General Revenue Fund.
20    (c) For the purpose of securing and preparing evidence, and
21for the purchase of controlled substances, professional
22services, and equipment necessary for enforcement activities,
23recoupment of investigative costs, and other activities
24directed at suppressing the misuse and abuse of controlled
25substances, including those activities set forth in Sections
26504 and 508 of the Illinois Controlled Substances Act, the

 

 

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1Director and agents appointed and authorized by the Director
2may expend sums from the Professional Regulation Evidence Fund
3that the Director deems necessary from the amounts appropriated
4for that purpose. Those sums may be advanced to the agent when
5the Director deems that procedure to be in the public interest.
6Sums for the purchase of controlled substances, professional
7services, and equipment necessary for enforcement activities
8and other activities as set forth in this Section shall be
9advanced to the agent who is to make the purchase from the
10Professional Regulation Evidence Fund on vouchers signed by the
11Director. The Director and those agents are authorized to
12maintain one or more commercial checking accounts with any
13State banking corporation or corporations organized under or
14subject to the Illinois Banking Act for the deposit and
15withdrawal of moneys to be used for the purposes set forth in
16this Section; provided, that no check may be written nor any
17withdrawal made from any such account except upon the written
18signatures of 2 persons designated by the Director to write
19those checks and make those withdrawals. Vouchers for those
20expenditures must be signed by the Director. All such
21expenditures shall be audited by the Director, and the audit
22shall be submitted to the Department of Central Management
23Services for approval.
24    (d) Whenever the Department is authorized or required by
25law to consider some aspect of criminal history record
26information for the purpose of carrying out its statutory

 

 

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1powers and responsibilities, then, upon request and payment of
2fees in conformance with the requirements of Section 2605-400
3of the Department of State Police Law (20 ILCS 2605/2605-400),
4the Department of State Police is authorized to furnish,
5pursuant to positive identification, the information contained
6in State files that is necessary to fulfill the request.
7    (e) The provisions of this Section do not apply to private
8business and vocational schools as defined by Section 15 of the
9Private Business and Vocational Schools Act of 2012.
10    (f) Beginning July 1, 1995, this Section does not apply to
11those professions, trades, and occupations licensed under the
12Real Estate License Act of 2000, nor does it apply to any
13permits, certificates, or other authorizations to do business
14provided for in the Land Sales Registration Act of 1989 or the
15Illinois Real Estate Time-Share Act.
16    (g) Notwithstanding anything that may appear in any
17individual licensing statute or administrative rule, the
18Department shall deny any license application or renewal
19authorized under any licensing Act administered by the
20Department to any person who has failed to file a return, or to
21pay the tax, penalty, or interest shown in a filed return, or
22to pay any final assessment of tax, penalty, or interest, as
23required by any tax Act administered by the Illinois Department
24of Revenue, until such time as the requirement of any such tax
25Act are satisfied; however, the Department may issue a license
26or renewal if the person has established a satisfactory

 

 

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1repayment record as determined by the Illinois Department of
2Revenue. For the purpose of this Section, "satisfactory
3repayment record" shall be defined by rule.
4    In addition, a complaint filed with the Department by the
5Illinois Department of Revenue that includes a certification,
6signed by its Director or designee, attesting to the amount of
7the unpaid tax liability or the years for which a return was
8not filed, or both, is prima facie evidence of the licensee's
9failure to comply with the tax laws administered by the
10Illinois Department of Revenue. Upon receipt of that
11certification, the Department shall, without a hearing,
12immediately suspend all licenses held by the licensee.
13Enforcement of the Department's order shall be stayed for 60
14days. The Department shall provide notice of the suspension to
15the licensee by mailing a copy of the Department's order by
16certified and regular mail to the licensee's last known address
17as registered with the Department. The notice shall advise the
18licensee that the suspension shall be effective 60 days after
19the issuance of the Department's order unless the Department
20receives, from the licensee, a request for a hearing before the
21Department to dispute the matters contained in the order.
22    Any suspension imposed under this subsection (g) shall be
23terminated by the Department upon notification from the
24Illinois Department of Revenue that the licensee is in
25compliance with all tax laws administered by the Illinois
26Department of Revenue.

 

 

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1    The Department shall promulgate rules for the
2administration of this subsection (g).
3    (h) The Department may grant the title "Retired", to be
4used immediately adjacent to the title of a profession
5regulated by the Department, to eligible retirees. The use of
6the title "Retired" shall not constitute representation of
7current licensure, registration, or certification. Any person
8without an active license, registration, or certificate in a
9profession that requires licensure, registration, or
10certification shall not be permitted to practice that
11profession.
12    (i) Within 180 days after December 23, 2009 (the effective
13date of Public Act 96-852), the Department shall promulgate
14rules which permit a person with a criminal record, who seeks a
15license or certificate in an occupation for which a criminal
16record is not expressly a per se bar, to apply to the
17Department for a non-binding, advisory opinion to be provided
18by the Board or body with the authority to issue the license or
19certificate as to whether his or her criminal record would bar
20the individual from the licensure or certification sought,
21should the individual meet all other licensure requirements
22including, but not limited to, the successful completion of the
23relevant examinations.
24(Source: P.A. 97-650, eff. 2-1-12; 98-756, eff. 7-16-14;
2598-850, eff. 1-1-15.)
 

 

 

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1    Section 953. The Department of Revenue Law of the Civil
2Administrative Code of Illinois is amended by changing Section
32505-65 as follows:
 
4    (20 ILCS 2505/2505-65)  (was 20 ILCS 2505/39b12)
5    Sec. 2505-65. Exchange of information.
6    (a) The Department has the power to exchange with any
7state, with any local subdivisions of any state, or with the
8federal government, except when specifically prohibited by
9law, any information that may be necessary to efficient tax
10administration and that may be acquired as a result of the
11administration of the laws set forth in the Sections following
12Section 95-10 and preceding Section 2505-60.
13    (b) The Department has the power to exchange with the
14Department of Healthcare and Family Services information that
15may be necessary for the enforcement of child support orders
16entered pursuant to the Illinois Public Aid Code, the Illinois
17Marriage and Dissolution of Marriage Act, the Non-Support of
18Spouse and Children Act, the Non-Support Punishment Act, the
19Revised Uniform Reciprocal Enforcement of Support Act, the
20Uniform Interstate Family Support Act, or the Illinois
21Parentage Act of 1984, or the Illinois Parentage Act of 2015.
22Notwithstanding any provisions in this Code to the contrary,
23the Department of Revenue shall not be liable to any person for
24any disclosure of information to the Department of Healthcare
25and Family Services (formerly Illinois Department of Public

 

 

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1Aid) under this subsection (b) or for any other action taken in
2good faith to comply with the requirements of this subsection
3(b).
4(Source: P.A. 95-331, eff. 8-21-07.)
 
5    Section 954. The Counties Code is amended by changing
6Section 3-5036.5 as follows:
 
7    (55 ILCS 5/3-5036.5)
8    Sec. 3-5036.5. Exchange of information for child support
9enforcement.
10    (a) The Recorder shall exchange with the Department of
11Healthcare and Family Services information that may be
12necessary for the enforcement of child support orders entered
13pursuant to the Illinois Public Aid Code, the Illinois Marriage
14and Dissolution of Marriage Act, the Non-Support of Spouse and
15Children Act, the Non-Support Punishment Act, the Revised
16Uniform Reciprocal Enforcement of Support Act, the Uniform
17Interstate Family Support Act, or the Illinois Parentage Act of
181984, or the Illinois Parentage Act of 2015.
19    (b) Notwithstanding any provisions in this Code to the
20contrary, the Recorder shall not be liable to any person for
21any disclosure of information to the Department of Healthcare
22and Family Services (formerly Illinois Department of Public
23Aid) under subsection (a) or for any other action taken in good
24faith to comply with the requirements of subsection (a).

 

 

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1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    Section 955. The Collection Agency Act is amended by
3changing Section 2.04 as follows:
 
4    (225 ILCS 425/2.04)  (from Ch. 111, par. 2005.1)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 2.04. Child support indebtedness.
7    (a) Persons, associations, partnerships, corporations, or
8other legal entities engaged in the business of collecting
9child support indebtedness owing under a court order as
10provided under the Illinois Public Aid Code, the Illinois
11Marriage and Dissolution of Marriage Act, the Non-Support of
12Spouse and Children Act, the Non-Support Punishment Act, the
13Illinois Parentage Act of 1984, the Illinois Parentage Act of
142015, or similar laws of other states are not restricted (i) in
15the frequency of contact with an obligor who is in arrears,
16whether by phone, mail, or other means, (ii) from contacting
17the employer of an obligor who is in arrears, (iii) from
18publishing or threatening to publish a list of obligors in
19arrears, (iv) from disclosing or threatening to disclose an
20arrearage that the obligor disputes, but for which a verified
21notice of delinquency has been served under the Income
22Withholding for Support Act (or any of its predecessors,
23Section 10-16.2 of the Illinois Public Aid Code, Section 706.1
24of the Illinois Marriage and Dissolution of Marriage Act,

 

 

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1Section 4.1 of the Non-Support of Spouse and Children Act,
2Section 26.1 of the Revised Uniform Reciprocal Enforcement of
3Support Act, or Section 20 of the Illinois Parentage Act of
41984), or (v) from engaging in conduct that would not cause a
5reasonable person mental or physical illness. For purposes of
6this subsection, "obligor" means an individual who owes a duty
7to make periodic payments, under a court order, for the support
8of a child. "Arrearage" means the total amount of an obligor's
9unpaid child support obligations.
10    (a-5) A collection agency may not impose a fee or charge,
11including costs, for any child support payments collected
12through the efforts of a federal, State, or local government
13agency, including but not limited to child support collected
14from federal or State tax refunds, unemployment benefits, or
15Social Security benefits.
16    No collection agency that collects child support payments
17shall (i) impose a charge or fee, including costs, for
18collection of a current child support payment, (ii) fail to
19apply collections to current support as specified in the order
20for support before applying collection to arrears or other
21amounts, or (iii) designate a current child support payment as
22arrears or other amount owed. In all circumstances, the
23collection agency shall turn over to the obligee all support
24collected in a month up to the amount of current support
25required to be paid for that month.
26    As to any fees or charges, including costs, retained by the

 

 

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1collection agency, that agency shall provide documentation to
2the obligee demonstrating that the child support payments
3resulted from the actions of the agency.
4    After collection of the total amount or arrearage,
5including statutory interest, due as of the date of execution
6of the collection contract, no further fees may be charged.
7    (a-10) The Department of Professional Regulation shall
8determine a fee rate of not less than 25% but not greater than
935%, based upon presentation by the licensees as to costs to
10provide the service and a fair rate of return. This rate shall
11be established by administrative rule.
12    Without prejudice to the determination by the Department of
13the appropriate rate through administrative rule, a collection
14agency shall impose a fee of not more than 29% of the amount of
15child support actually collected by the collection agency
16subject to the provisions of subsection (a-5). This interim
17rate is based upon the March 2002 General Account Office report
18"Child Support Enforcement", GAO-02-349. This rate shall apply
19until a fee rate is established by administrative rule.
20    (b) The Department shall adopt rules necessary to
21administer and enforce the provisions of this Section.
22(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)
 
23    Section 956. The Illinois Public Aid Code is amended by
24changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19,
2510-25, 10-25.5, 10-27, and 12-4.7c as follows:
 

 

 

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1    (305 ILCS 5/10-3.1)  (from Ch. 23, par. 10-3.1)
2    Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
3Department shall establish within its administrative staff a
4Child and Spouse Support Unit to search for and locate absent
5parents and spouses liable for the support of persons resident
6in this State and to exercise the support enforcement powers
7and responsibilities assigned the Department by this Article.
8The unit shall cooperate with all law enforcement officials in
9this State and with the authorities of other States in locating
10persons responsible for the support of persons resident in
11other States and shall invite the cooperation of these
12authorities in the performance of its duties.
13    In addition to other duties assigned the Child and Spouse
14Support Unit by this Article, the Unit may refer to the
15Attorney General or units of local government with the approval
16of the Attorney General, any actions under Sections 10-10 and
1710-15 for judicial enforcement of the support liability. The
18Child and Spouse Support Unit shall act for the Department in
19referring to the Attorney General support matters requiring
20judicial enforcement under other laws. If requested by the
21Attorney General to so act, as provided in Section 12-16,
22attorneys of the Unit may assist the Attorney General or
23themselves institute actions on in behalf of the Illinois
24Department under the Revised Uniform Reciprocal Enforcement of
25Support Act; under the Illinois Parentage Act of 1984 or under

 

 

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1the Illinois Parentage Act of 2015; under the Non-Support of
2Spouse and Children Act; under the Non-Support Punishment Act;
3or under any other law, State or Federal, providing for support
4of a spouse or dependent child.
5    The Illinois Department shall also have the authority to
6enter into agreements with local governmental units or
7individuals, with the approval of the Attorney General, for the
8collection of moneys owing because of the failure of a parent
9to make child support payments for any child receiving services
10under this Article. Such agreements may be on a contingent fee
11basis, but such contingent fee shall not exceed 25% of the
12total amount collected.
13    An attorney who provides representation pursuant to this
14Section shall represent the Illinois Department exclusively.
15Regardless of the designation of the plaintiff in an action
16brought pursuant to this Section, an attorney-client
17relationship does not exist for purposes of that action between
18that attorney and (i) an applicant for or recipient of child
19support enforcement services or (ii) any other party to the
20action other than the Illinois Department. Nothing in this
21Section shall be construed to modify any power or duty
22(including a duty to maintain confidentiality) of the Child and
23Spouse Support Unit or the Illinois Department otherwise
24provided by law.
25    The Illinois Department may also enter into agreements with
26local governmental units for the Child and Spouse Support Unit

 

 

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1to exercise the investigative and enforcement powers
2designated in this Article, including the issuance of
3administrative orders under Section 10-11, in locating
4responsible relatives and obtaining support for persons
5applying for or receiving aid under Article VI. Payments for
6defrayment of administrative costs and support payments
7obtained shall be deposited into the DHS Recoveries Trust Fund.
8Support payments shall be paid over to the General Assistance
9Fund of the local governmental unit at such time or times as
10the agreement may specify.
11    With respect to those cases in which it has support
12enforcement powers and responsibilities under this Article,
13the Illinois Department may provide by rule for periodic or
14other review of each administrative and court order for support
15to determine whether a modification of the order should be
16sought. The Illinois Department shall provide for and conduct
17such review in accordance with any applicable federal law and
18regulation.
19    As part of its process for review of orders for support,
20the Illinois Department, through written notice, may require
21the responsible relative to disclose his or her Social Security
22Number and past and present information concerning the
23relative's address, employment, gross wages, deductions from
24gross wages, net wages, bonuses, commissions, number of
25dependent exemptions claimed, individual and dependent health
26insurance coverage, and any other information necessary to

 

 

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1determine the relative's ability to provide support in a case
2receiving child support enforcement services under this
3Article X.
4    The Illinois Department may send a written request for the
5same information to the relative's employer. The employer shall
6respond to the request for information within 15 days after the
7date the employer receives the request. If the employer
8willfully fails to fully respond within the 15-day period, the
9employer shall pay a penalty of $100 for each day that the
10response is not provided to the Illinois Department after the
1115-day period has expired. The penalty may be collected in a
12civil action which may be brought against the employer in favor
13of the Illinois Department.
14    A written request for information sent to an employer
15pursuant to this Section shall consist of (i) a citation of
16this Section as the statutory authority for the request and for
17the employer's obligation to provide the requested
18information, (ii) a returnable form setting forth the
19employer's name and address and listing the name of the
20employee with respect to whom information is requested, and
21(iii) a citation of this Section as the statutory authority
22authorizing the employer to withhold a fee of up to $20 from
23the wages or income to be paid to each responsible relative for
24providing the information to the Illinois Department within the
2515-day period. If the employer is withholding support payments
26from the responsible relative's income pursuant to an order for

 

 

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1withholding, the employer may withhold the fee provided for in
2this Section only after withholding support as required under
3the order. Any amounts withheld from the responsible relative's
4income for payment of support and the fee provided for in this
5Section shall not be in excess of the amounts permitted under
6the federal Consumer Credit Protection Act.
7    In a case receiving child support enforcement services, the
8Illinois Department may request and obtain information from a
9particular employer under this Section no more than once in any
1012-month period, unless the information is necessary to conduct
11a review of a court or administrative order for support at the
12request of the person receiving child support enforcement
13services.
14    The Illinois Department shall establish and maintain an
15administrative unit to receive and transmit to the Child and
16Spouse Support Unit information supplied by persons applying
17for or receiving child support enforcement services under
18Section 10-1. In addition, the Illinois Department shall
19address and respond to any alleged deficiencies that persons
20receiving or applying for services from the Child and Spouse
21Support Unit may identify concerning the Child and Spouse
22Support Unit's provision of child support enforcement
23services. Within 60 days after an action or failure to act by
24the Child and Spouse Support Unit that affects his or her case,
25a recipient of or applicant for child support enforcement
26services under Article X of this Code may request an

 

 

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1explanation of the Unit's handling of the case. At the
2requestor's option, the explanation may be provided either
3orally in an interview, in writing, or both. If the Illinois
4Department fails to respond to the request for an explanation
5or fails to respond in a manner satisfactory to the applicant
6or recipient within 30 days from the date of the request for an
7explanation, the applicant or recipient may request a
8conference for further review of the matter by the Office of
9the Administrator of the Child and Spouse Support Unit. A
10request for a conference may be submitted at any time within 60
11days after the explanation has been provided by the Child and
12Spouse Support Unit or within 60 days after the time for
13providing the explanation has expired.
14    The applicant or recipient may request a conference
15concerning any decision denying or terminating child support
16enforcement services under Article X of this Code, and the
17applicant or recipient may also request a conference concerning
18the Unit's failure to provide services or the provision of
19services in an amount or manner that is considered inadequate.
20For purposes of this Section, the Child and Spouse Support Unit
21includes all local governmental units or individuals with whom
22the Illinois Department has contracted under Section 10-3.1.
23    Upon receipt of a timely request for a conference, the
24Office of the Administrator shall review the case. The
25applicant or recipient requesting the conference shall be
26entitled, at his or her option, to appear in person or to

 

 

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1participate in the conference by telephone. The applicant or
2recipient requesting the conference shall be entitled to be
3represented and to be afforded a reasonable opportunity to
4review the Illinois Department's file before or at the
5conference. At the conference, the applicant or recipient
6requesting the conference shall be afforded an opportunity to
7present all relevant matters in support of his or her claim.
8Conferences shall be without cost to the applicant or recipient
9requesting the conference and shall be conducted by a
10representative of the Child or Spouse Support Unit who did not
11participate in the action or inaction being reviewed.
12    The Office of the Administrator shall conduct a conference
13and inform all interested parties, in writing, of the results
14of the conference within 60 days from the date of filing of the
15request for a conference.
16    In addition to its other powers and responsibilities
17established by this Article, the Child and Spouse Support Unit
18shall conduct an annual assessment of each institution's
19program for institution based paternity establishment under
20Section 12 of the Vital Records Act.
21(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16,
22eff. 6-28-01; 92-590, eff. 7-1-02.)
 
23    (305 ILCS 5/10-16.7)
24    Sec. 10-16.7. Child support enforcement debit
25authorization.

 

 

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1    (a) For purposes of this Section:
2    "Financial institution" and "account" are defined as set
3forth in Section 10-24.
4    "Payor" is defined as set forth in Section 15 of the Income
5Withholding for Support Act.
6    "Order for support" means any order for periodic payment of
7funds to the State Disbursement Unit for the support of a child
8or, where applicable, for support of a child and a parent with
9whom the child resides, that is entered or modified under this
10Code or under the Illinois Marriage and Dissolution of Marriage
11Act, the Non-Support of Spouse and Children Act, the
12Non-Support Punishment Act, or the Illinois Parentage Act of
131984, or the Illinois Parentage Act of 2015, or that is entered
14or registered for modification or enforcement under the Uniform
15Interstate Family Support Act.
16    "Obligor" means an individual who owes a duty to make
17payments under an order for support in a case in which child
18support enforcement services are being provided under this
19Article X.
20    (b) The Department of Public Aid (now Healthcare and Family
21Services) shall adopt a child support enforcement debit
22authorization form that, upon being signed by an obligor,
23authorizes a financial institution holding an account on the
24obligor's behalf to debit the obligor's account periodically in
25an amount equal to the amount of child support that the obligor
26is required to pay periodically and transfer that amount to the

 

 

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1State Disbursement Unit. The form shall include instructions to
2the financial institution concerning the debiting of accounts
3held on behalf of obligors and the transfer of the debited
4amounts to the State Disbursement Unit. In adopting the form,
5the Department may consult with the Office of Banks and Real
6Estate and the Department of Financial Institutions. The
7Department must adopt the form within 6 months after the
8effective date of this amendatory Act of the 93rd General
9Assembly. Promptly after adopting the form, the Department must
10notify each financial institution conducting business in this
11State that the form has been adopted and is ready for use.
12    (c) An obligor who does not have a payor may sign a child
13support debit authorization form adopted by the Department
14under this Section. The obligor may sign a form in relation to
15any or all of the financial institutions holding an account on
16the obligor's behalf. Promptly after an obligor signs a child
17support debit authorization form, the Department shall send the
18original signed form to the appropriate financial institution.
19Subject to subsection (e), upon receiving the form, the
20financial institution shall debit the account and transfer the
21debited amounts to the State Disbursement Unit according to the
22instructions in the form. A financial institution that complies
23with a child support debit authorization form signed by an
24obligor and issued under this Section shall not be subject to
25civil liability with respect to any individual or any agency.
26    (d) The signing and issuance of a child support debit

 

 

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1authorization form under this Section does not relieve the
2obligor from responsibility for compliance with any
3requirement under the order for support.
4    (e) A financial institution is obligated to debit the
5account of an obligor pursuant to this Section only if or to
6the extent:
7        (1) the financial institution reasonably believes the
8    debit authorization form is a true and authentic original
9    document;     
10        (2) there are finally collected funds in the account;
11    and
12        (3) the account is not subject to offsetting claims of
13    the financial institution, whether due at the time of
14    receipt of the debit authorization form or thereafter to
15    become due and whether liquidated or unliquidated.
16    To the extent the account of the obligor is pledged or held
17by the financial institution as security for a loan or other
18obligation, or that the financial institution has any other
19claim or lien against the account, the financial institution is
20entitled to retain the account.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (305 ILCS 5/10-17)  (from Ch. 23, par. 10-17)
23    Sec. 10-17. Other Actions and Remedies for Support. The
24procedures, actions and remedies provided in this Article shall
25in no way be exclusive, but shall be available in addition to

 

 

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1other actions and remedies of support, including, but not by
2way of limitation, the remedies provided in (a) the Illinois
3Parentage Act of 2015 "Paternity Act", approved July 5, 1957,
4as amended; (b) the "Non-Support of Spouse and Children Act",
5approved June 24, 1915, as amended; (b-5) the Non-Support
6Punishment Act; and (c) the "Revised Uniform Reciprocal
7Enforcement of Support Act", approved August 28, 1969, as
8amended.
9(Source: P.A. 91-613, eff. 10-1-99.)
 
10    (305 ILCS 5/10-17.7)
11    Sec. 10-17.7. Administrative determination of paternity.
12The Illinois Department may provide by rule for the
13administrative determination of paternity by the Child and
14Spouse Support Unit in cases involving applicants for or
15recipients of financial aid under Article IV of this Act and
16other persons who are given access to the child support
17enforcement services of this Article as provided in Section
1810-1, including persons similarly situated and receiving
19similar services in other states. The rules shall extend to
20cases in which the mother and alleged father voluntarily
21acknowledge paternity in the form required by the Illinois
22Department or agree to be bound by the results of genetic
23testing or in which the alleged father has failed to respond to
24a notification of support obligation issued under Section 10-4
25and to cases of contested paternity. The Illinois Department's

 

 

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1form for voluntary acknowledgement of paternity shall be the
2same form prepared by the Illinois Department for use under the
3requirements of Section 12 of the Vital Records Act. Any
4presumption provided for under the Illinois Parentage Act of
51984 or under the Illinois Parentage Act of 2015 on and after
6the effective date of that Act shall apply to cases in which
7paternity is determined under the rules of the Illinois
8Department. The rules shall provide for notice and an
9opportunity to be heard by the responsible relative and the
10person receiving child support enforcement services under this
11Article if paternity is not voluntarily acknowledged, and any
12final administrative decision rendered by the Illinois
13Department shall be reviewed only under and in accordance with
14the Administrative Review Law. Determinations of paternity
15made by the Illinois Department under the rules authorized by
16this Section shall have the full force and effect of a court
17judgment of paternity entered under the Illinois Parentage Act
18of 1984 or under the Illinois Parentage Act of 2015.
19    In determining paternity in contested cases, the Illinois
20Department shall conduct the evidentiary hearing in accordance
21with Article 4 of the Illinois Parentage Act of 2015 Section 11
22of the Parentage Act of 1984, except that references in that
23Article Section to "the court" shall be deemed to mean the
24Illinois Department's hearing officer in cases in which
25paternity is determined administratively by the Illinois
26Department.

 

 

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1    Notwithstanding any other provision of this Article, a
2default determination of paternity may be made if service of
3the notice under Section 10-4 was made by publication under the
4rules for administrative paternity determination authorized by
5this Section. The rules as they pertain to service by
6publication shall (i) be based on the provisions of Section
72-206 and 2-207 of the Code of Civil Procedure, (ii) provide
8for service by publication in cases in which the whereabouts of
9the alleged father are unknown after diligent location efforts
10by the Child and Spouse Support Unit, and (iii) provide for
11publication of a notice of default paternity determination in
12the same manner that the notice under Section 10-4 was
13published.
14    The Illinois Department may implement this Section through
15the use of emergency rules in accordance with Section 5-45 of
16the Illinois Administrative Procedure Act. For purposes of the
17Illinois Administrative Procedure Act, the adoption of rules to
18implement this Section shall be considered an emergency and
19necessary for the public interest, safety, and welfare.
20(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
 
21    (305 ILCS 5/10-19)  (from Ch. 23, par. 10-19)
22    Sec. 10-19. Support Payments Ordered Under Other Laws;
23where deposited. The Illinois Department and local
24governmental units are authorized to receive payments directed
25by court order for the support of recipients, as provided in

 

 

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1the following Acts:
2    1. "Non-Support of Spouse and Children Act", approved June
324, 1915, as amended,
4    1.5. The Non-Support Punishment Act,
5    2. "Illinois Marriage and Dissolution of Marriage Act", as
6now or hereafter amended,
7    3. The Illinois Parentage Act, as amended,
8    3.5. The Illinois Parentage Act of 2015,
9    4. "Revised Uniform Reciprocal Enforcement of Support
10Act", approved August 28, 1969, as amended,
11    5. The Juvenile Court Act or the Juvenile Court Act of
121987, as amended,
13    6. The "Unified Code of Corrections", approved July 26,
141972, as amended,
15    7. Part 7 of Article XII of the Code of Civil Procedure, as
16amended,
17    8. Part 8 of Article XII of the Code of Civil Procedure, as
18amended, and
19    9. Other laws which may provide by judicial order for
20direct payment of support moneys.
21    Payments under this Section to the Illinois Department
22pursuant to the Child Support Enforcement Program established
23by Title IV-D of the Social Security Act shall be paid into the
24Child Support Enforcement Trust Fund. All payments under this
25Section to the Illinois Department of Human Services shall be
26deposited in the DHS Recoveries Trust Fund. Disbursements from

 

 

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1these funds shall be as provided in Sections 12-9.1 and 12-10.2
2of this Code. Payments received by a local governmental unit
3shall be deposited in that unit's General Assistance Fund.
4    To the extent the provisions of this Section are
5inconsistent with the requirements pertaining to the State
6Disbursement Unit under Sections 10-10.4 and 10-26 of this
7Code, the requirements pertaining to the State Disbursement
8Unit shall apply.
9(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
10eff. 10-1-99; 92-16, eff. 6-28-01.)
 
11    (305 ILCS 5/10-25)
12    Sec. 10-25. Administrative liens and levies on real
13property for past-due child support.
14    (a) Notwithstanding any other State or local law to the
15contrary, the State shall have a lien on all legal and
16equitable interests of responsible relatives in their real
17property in the amount of past-due child support owing pursuant
18to an order for child support entered under Sections 10-10 and
1910-11 of this Code, or under the Illinois Marriage and
20Dissolution of Marriage Act, the Non-Support of Spouse and
21Children Act, the Non-Support Punishment Act, the Uniform
22Interstate Family Support Act, or the Illinois Parentage Act of
231984, or the Illinois Parentage Act of 2015.
24    (b) The Illinois Department shall provide by rule for
25notice to and an opportunity to be heard by each responsible

 

 

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1relative affected, and any final administrative decision
2rendered by the Illinois Department shall be reviewed only
3under and in accordance with the Administrative Review Law.
4    (c) When enforcing a lien under subsection (a) of this
5Section, the Illinois Department shall have the authority to
6execute notices of administrative liens and levies, which shall
7contain the name and address of the responsible relative, a
8legal description of the real property to be levied, the fact
9that a lien is being claimed for past-due child support, and
10such other information as the Illinois Department may by rule
11prescribe. The Illinois Department shall record the notice of
12lien with the recorder or registrar of titles of the county or
13counties in which the real estate is located.
14    (d) The State's lien under subsection (a) shall be
15enforceable upon the recording or filing of a notice of lien
16with the recorder or registrar of titles of the county or
17counties in which the real estate is located. The lien shall be
18prior to any lien thereafter recorded or filed and shall be
19notice to a subsequent purchaser, assignor, or encumbrancer of
20the existence and nature of the lien. The lien shall be
21inferior to the lien of general taxes, special assessment, and
22special taxes heretofore or hereafter levied by any political
23subdivision or municipal corporation of the State.
24    In the event that title to the land to be affected by the
25notice of lien is registered under the Registered Titles
26(Torrens) Act, the notice shall be filed in the office of the

 

 

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1registrar of titles as a memorial or charge upon each folium of
2the register of titles affected by the notice; but the State
3shall not have a preference over the rights of any bona fide
4purchaser, mortgagee, judgment creditor, or other lien holders
5registered prior to the registration of the notice.
6    (e) The recorder or registrar of titles of each county
7shall procure a file labeled "Child Support Lien Notices" and
8an index book labeled "Child Support Lien Notices". When notice
9of any lien is presented to the recorder or registrar of titles
10for filing, the recorder or registrar of titles shall file it
11in numerical order in the file and shall enter it
12alphabetically in the index. The entry shall show the name and
13last known address of the person named in the notice, the
14serial number of the notice, the date and hour of filing, and
15the amount of child support due at the time when the lien is
16filed.
17    (f) The Illinois Department shall not be required to
18furnish bond or make a deposit for or pay any costs or fees of
19any court or officer thereof in any legal proceeding involving
20the lien.
21    (g) To protect the lien of the State for past-due child
22support, the Illinois Department may, from funds that are
23available for that purpose, pay or provide for the payment of
24necessary or essential repairs, purchase tax certificates, pay
25balances due on land contracts, or pay or cause to be satisfied
26any prior liens on the property to which the lien hereunder

 

 

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1applies.
2    (h) A lien on real property under this Section shall be
3released pursuant to Section 12-101 of the Code of Civil
4Procedure.
5    (i) The Illinois Department, acting in behalf of the State,
6may foreclose the lien in a judicial proceeding to the same
7extent and in the same manner as in the enforcement of other
8liens. The process, practice, and procedure for the foreclosure
9shall be the same as provided in the Code of Civil Procedure.
10(Source: P.A. 97-186, eff. 7-22-11.)
 
11    (305 ILCS 5/10-25.5)
12    Sec. 10-25.5. Administrative liens and levies on personal
13property for past-due child support.
14    (a) Notwithstanding any other State or local law to the
15contrary, the State shall have a lien on all legal and
16equitable interests of responsible relatives in their personal
17property, including any account in a financial institution as
18defined in Section 10-24, or in the case of an insurance
19company or benefit association only in accounts as defined in
20Section 10-24, in the amount of past-due child support owing
21pursuant to an order for child support entered under Sections
2210-10 and 10-11 of this Code, or under the Illinois Marriage
23and Dissolution of Marriage Act, the Non-Support of Spouse and
24Children Act, the Non-Support Punishment Act, the Uniform
25Interstate Family Support Act, or the Illinois Parentage Act of

 

 

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11984, or the Illinois Parentage Act of 2015.
2    (b) The Illinois Department shall provide by rule for
3notice to and an opportunity to be heard by each responsible
4relative affected, and any final administrative decision
5rendered by the Illinois Department shall be reviewed only
6under and in accordance with the Administrative Review Law.
7    (c) When enforcing a lien under subsection (a) of this
8Section, the Illinois Department shall have the authority to
9execute notices of administrative liens and levies, which shall
10contain the name and address of the responsible relative, a
11description of the property to be levied, the fact that a lien
12is being claimed for past-due child support, and such other
13information as the Illinois Department may by rule prescribe.
14The Illinois Department may serve the notice of lien or levy
15upon any financial institution where the accounts as defined in
16Section 10-24 of the responsible relative may be held, for
17encumbrance or surrender of the accounts as defined in Section
1810-24 by the financial institution.
19    (d) The Illinois Department shall enforce its lien against
20the responsible relative's personal property, other than
21accounts as defined in Section 10-24 in financial institutions,
22and levy upon such personal property in the manner provided for
23enforcement of judgments contained in Article XII of the Code
24of Civil Procedure.
25    (e) The Illinois Department shall not be required to
26furnish bond or make a deposit for or pay any costs or fees of

 

 

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1any court or officer thereof in any legal proceeding involving
2the lien.
3    (f) To protect the lien of the State for past-due child
4support, the Illinois Department may, from funds that are
5available for that purpose, pay or provide for the payment of
6necessary or essential repairs, purchase tax certificates, or
7pay or cause to be satisfied any prior liens on the property to
8which the lien hereunder applies.
9    (g) A lien on personal property under this Section shall be
10released in the manner provided under Article XII of the Code
11of Civil Procedure. Notwithstanding the foregoing, a lien under
12this Section on accounts as defined in Section 10-24 shall
13expire upon the passage of 120 days from the date of issuance
14of the Notice of Lien or Levy by the Illinois Department.
15However, the lien shall remain in effect during the pendency of
16any appeal or protest.
17    (h) A lien created under this Section is subordinate to any
18prior lien of the financial institution or any prior lien
19holder or any prior right of set-off that the financial
20institution may have against the assets, or in the case of an
21insurance company or benefit association only in the accounts
22as defined in Section 10-24.
23    (i) A financial institution has no obligation under this
24Section to hold, encumber, or surrender the assets, or in the
25case of an insurance company or benefit association only the
26accounts as defined in Section 10-24, until the financial

 

 

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1institution has been properly served with a subpoena, summons,
2warrant, court or administrative order, or administrative lien
3and levy requiring that action.
4(Source: P.A. 97-186, eff. 7-22-11.)
 
5    (305 ILCS 5/10-27)
6    Sec. 10-27. State Case Registry.
7    (a) The Illinois Department shall establish an automated
8State Case Registry to contain records concerning child support
9orders for parties receiving child support enforcement
10services under this Article X, and for all child support orders
11entered or modified on or after October 1, 1998. The State Case
12Registry shall include (i) the information filed with the
13Illinois Department, or filed with the clerk of the circuit
14court and provided to the Illinois Department, under the
15provisions of Sections 10-10.5 and 10-11.2 of this Code,
16Section 505.3 of the Illinois Marriage and Dissolution of
17Marriage Act, Section 30 of the Non-Support Punishment Act, and
18Section 803 of the Illinois Parentage Act of 2015, and Section
1914.1 of the Illinois Parentage Act of 1984, and (ii) any other
20information required under Title IV, Part D of the Social
21Security Act or by the federal Department of Health and Human
22Services.
23    (b) (Blank).
24    (c) The Illinois Department shall maintain the following
25payment information on child support orders for parties

 

 

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1receiving child support enforcement services under this
2Article X:
3        (1) the amount of monthly or other periodic support
4    owed under the order and other amounts, including
5    arrearages, interest or late payment penalties, and fees,
6    due or overdue under the order;
7        (2) any amounts described in subdivision (1) of
8    subsection (d) that have been collected;
9        (3) the distribution of the collected amounts; and
10        (4) the amount of any lien imposed with respect to the
11    order pursuant to Section 10-25 or Section 10-25.5 of this
12    Code.
13    (d) The Illinois Department shall establish, update,
14maintain, and monitor case records in the Registry of parties
15receiving child support enforcement services under this
16Article X, on the bases of:
17        (1) information on administrative actions and
18    administrative and judicial proceedings and orders
19    relating to paternity and support;
20        (2) information obtained from comparison with federal,
21    State, and local sources of information;
22        (3) information on support collections and
23    distribution; and
24        (4) any other relevant information.
25    (e) The Illinois Department shall use the automated State
26Case Registry to share and compare information with, and

 

 

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1receive information from, other data bases and information
2comparison services in order to obtain (or provide) information
3necessary to enable the Illinois Department (or the federal
4Department of Health and Human Services or other State or
5federal agencies) to carry out the requirements of the child
6support enforcement program established under Title IV, Part D
7of the Social Security Act. Such information comparison
8activities shall include the following:
9        (1) Furnishing to the Federal Case Registry of Child
10    Support Orders (and updating as necessary, with
11    information including notice of expiration of orders) the
12    information specified by the federal Department of Health
13    and Human Services in regulations.
14        (2) Exchanging information with the Federal Parent
15    Locator Service for the purposes specified in Section 453
16    of the Social Security Act.
17        (3) Exchanging information with State agencies (of
18    this State and of other states) administering programs
19    funded under Title IV, Part A and Title XIX of the Social
20    Security Act and other programs designated by the federal
21    Department of Health and Human Services, as necessary to
22    perform responsibilities under Title IV, Part D of the
23    Social Security Act and under such other programs.
24        (4) Exchanging information with other agencies of this
25    State, agencies of other states, and interstate
26    information networks, as necessary and appropriate to

 

 

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1    carry out (or assist other states to carry out) the
2    purposes of Title IV, Part D of the Social Security Act.
3        (5) Disclosing information to any other entities as
4    required under Title IV, Part D of the Social Security Act.
5    (f) The Illinois Department shall adopt rules establishing
6safeguards, applicable to all confidential information
7included in the State Case Registry, that are designed to
8protect the privacy rights of persons concerning whom
9information is on record in the State Case Registry. Such
10safeguards shall include, but not be limited to the following:
11        (1) Prohibitions against the release of information on
12    the whereabouts of one party or the child to another party
13    against whom a protective order with respect to the former
14    party or the child has been entered.
15        (2) Prohibitions against the release of information on
16    the whereabouts of one party or the child to another party
17    if the Illinois Department has reasonable evidence of
18    domestic violence or child abuse (that is, allegations of
19    domestic violence or child abuse, unless the Illinois
20    Department has an independent, reasonable basis to find the
21    person making the allegation not credible) to the former
22    party or child by the party requesting information.
23        (3) Prohibitions against the release of information on
24    the whereabouts of one party or the child to another person
25    if the Illinois Department has reason to believe the
26    release of information to that person may result in

 

 

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1    physical or emotional harm to the party or child.
2(Source: P.A. 92-463, eff. 8-22-01.)
 
3    (305 ILCS 5/12-4.7c)
4    Sec. 12-4.7c. Exchange of information after July 1, 1997.
5    (a) The Department of Human Services shall exchange with
6the Department of Healthcare and Family Services information
7that may be necessary for the enforcement of child support
8orders entered pursuant to Sections 10-10 and 10-11 of this
9Code or pursuant to the Illinois Marriage and Dissolution of
10Marriage Act, the Non-Support of Spouse and Children Act, the
11Non-Support Punishment Act, the Revised Uniform Reciprocal
12Enforcement of Support Act, the Uniform Interstate Family
13Support Act, or the Illinois Parentage Act of 1984, or the
14Illinois Parentage Act of 2015.
15    (b) Notwithstanding any provisions in this Code to the
16contrary, the Department of Human Services shall not be liable
17to any person for any disclosure of information to the
18Department of Healthcare and Family Services (formerly
19Illinois Department of Public Aid) under subsection (a) or for
20any other action taken in good faith to comply with the
21requirements of subsection (a).
22(Source: P.A. 95-331, eff. 8-21-07.)
 
23    Section 957. The Genetic Information Privacy Act is amended
24by changing Sections 22 and 30 as follows:
 

 

 

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1    (410 ILCS 513/22)
2    Sec. 22. Tests to determine inherited characteristics in
3paternity proceedings. Nothing in this Act shall be construed
4to affect or restrict in any way the ordering of or use of
5results from deoxyribonucleic acid (DNA) testing or other tests
6to determine inherited characteristics by the court in a
7judicial proceeding under the Illinois Parentage Act of 1984 or
8under the Illinois Parentage Act of 2015 on and after the
9effective date of that Act or by the Department of Healthcare
10and Family Services in an administrative paternity proceeding
11under Article X of the Illinois Public Aid Code and rules
12promulgated under that Article.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    (410 ILCS 513/30)
15    Sec. 30. Disclosure of person tested and test results.
16    (a) No person may disclose or be compelled to disclose the
17identity of any person upon whom a genetic test is performed or
18the results of a genetic test in a manner that permits
19identification of the subject of the test, except to the
20following persons:
21        (1) The subject of the test or the subject's legally
22    authorized representative. This paragraph does not create
23    a duty or obligation under which a health care provider
24    must notify the subject's spouse or legal guardian of the

 

 

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1    test results, and no such duty or obligation shall be
2    implied. No civil liability or criminal sanction under this
3    Act shall be imposed for any disclosure or nondisclosure of
4    a test result to a spouse by a physician acting in good
5    faith under this paragraph. For the purpose of any
6    proceedings, civil or criminal, the good faith of any
7    physician acting under this paragraph shall be presumed.
8        (2) Any person designated in a specific written legally
9    effective authorization for release of the test results
10    executed by the subject of the test or the subject's
11    legally authorized representative.
12        (3) An authorized agent or employee of a health
13    facility or health care provider if the health facility or
14    health care provider itself is authorized to obtain the
15    test results, the agent or employee provides patient care,
16    and the agent or employee has a need to know the
17    information in order to conduct the tests or provide care
18    or treatment.
19        (4) A health facility, health care provider, or health
20    care professional that procures, processes, distributes,
21    or uses:
22            (A) a human body part from a deceased person with
23        respect to medical information regarding that person;
24        or
25            (B) semen provided prior to the effective date of
26        this Act for the purpose of artificial insemination.

 

 

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1        (5) Health facility staff committees for the purposes
2    of conducting program monitoring, program evaluation, or
3    service reviews.
4        (6) In the case of a minor under 18 years of age, the
5    health care provider, health care professional, or health
6    facility who ordered the test shall make a reasonable
7    effort to notify the minor's parent or legal guardian if,
8    in the professional judgment of the health care provider,
9    health care professional, or health facility, notification
10    would be in the best interest of the minor and the health
11    care provider, health care professional, or health
12    facility has first sought unsuccessfully to persuade the
13    minor to notify the parent or legal guardian or after a
14    reasonable time after the minor has agreed to notify the
15    parent or legal guardian, the health care provider, health
16    care professional, or health facility has reason to believe
17    that the minor has not made the notification. This
18    paragraph shall not create a duty or obligation under which
19    a health care provider, health care professional, or health
20    facility must notify the minor's parent or legal guardian
21    of the test results, nor shall a duty or obligation be
22    implied. No civil liability or criminal sanction under this
23    Act shall be imposed for any notification or
24    non-notification of a minor's test result by a health care
25    provider, health care professional, or health facility
26    acting in good faith under this paragraph. For the purpose

 

 

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1    of any proceeding, civil or criminal, the good faith of any
2    health care provider, health care professional, or health
3    facility acting under this paragraph shall be presumed.
4    (b) All information and records held by a State agency,
5local health authority, or health oversight agency pertaining
6to genetic information shall be strictly confidential and
7exempt from copying and inspection under the Freedom of
8Information Act. The information and records shall not be
9released or made public by the State agency, local health
10authority, or health oversight agency and shall not be
11admissible as evidence nor discoverable in any action of any
12kind in any court or before any tribunal, board, agency, or
13person and shall be treated in the same manner as the
14information and those records subject to the provisions of Part
1521 of Article VIII of the Code of Civil Procedure except under
16the following circumstances:
17            (A) when made with the written consent of all
18        persons to whom the information pertains;
19            (B) when authorized by Section 5-4-3 of the Unified
20        Code of Corrections;
21            (C) when made for the sole purpose of implementing
22        the Newborn Metabolic Screening Act and rules; or
23            (D) when made under the authorization of the
24        Illinois Parentage Act of 2015 1984.
25    Disclosure shall be limited to those who have a need to
26know the information, and no additional disclosures may be

 

 

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1made.
2    (c) Disclosure by an insurer in accordance with the
3requirements of the Article XL of the Illinois Insurance Code
4shall be deemed compliance with this Section.
5(Source: P.A. 98-1046, eff. 1-1-15.)
 
6    Section 958. The Vital Records Act is amended by changing
7Sections 12 and 24 as follows:
 
8    (410 ILCS 535/12)
9    Sec. 12. Live births; place of registration.
10    (1) Each live birth which occurs in this State shall be
11registered with the local or subregistrar of the district in
12which the birth occurred as provided in this Section, within 7
13days after the birth. When a birth occurs on a moving
14conveyance, the city, village, township, or road district in
15which the child is first removed from the conveyance shall be
16considered the place of birth and a birth certificate shall be
17filed in the registration district in which the place is
18located.
19    (2) When a birth occurs in an institution, the person in
20charge of the institution or his designated representative
21shall obtain and record all the personal and statistical
22particulars relative to the parents of the child that are
23required to properly complete the live birth certificate; shall
24secure the required personal signatures on the hospital

 

 

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1worksheet; shall prepare the certificate from this worksheet;
2and shall file the certificate with the local registrar. The
3institution shall retain the hospital worksheet permanently or
4as otherwise specified by rule. The physician in attendance
5shall verify or provide the date of birth and medical
6information required by the certificate, within 24 hours after
7the birth occurs.
8    (3) When a birth occurs outside an institution, the
9certificate shall be prepared and filed by one of the following
10in the indicated order of priority:
11        (a) The physician in attendance at or immediately after
12    the birth, or in the absence of such a person,
13        (b) Any other person in attendance at or immediately
14    after the birth, or in the absence of such a person,
15        (c) The father, the mother, or in the absence of the
16    father and the inability of the mother, the person in
17    charge of the premises where the birth occurred.
18    (4) Unless otherwise provided in this Act, if the mother
19was not married to the father of the child at either the time
20of conception or the time of birth, the name of the father
21shall be entered on the child's birth certificate only if the
22mother and the person to be named as the father have signed an
23acknowledgment of parentage in accordance with subsection (5).
24    Unless otherwise provided in this Act, if the mother was
25married at the time of conception or birth and the presumed
26father (that is, the mother's husband) is not the biological

 

 

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1father of the child, the name of the biological father shall be
2entered on the child's birth certificate only if, in accordance
3with subsection (5), (i) the mother and the person to be named
4as the father have signed an acknowledgment of parentage and
5(ii) the mother and presumed father have signed a denial of
6paternity.
7    (5) Upon the birth of a child to an unmarried woman, or
8upon the birth of a child to a woman who was married at the time
9of conception or birth and whose husband is not the biological
10father of the child, the institution at the time of birth and
11the local registrar or county clerk after the birth shall do
12the following:
13        (a) Provide (i) an opportunity for the child's mother
14    and father to sign an acknowledgment of parentage and (ii)
15    if the presumed father is not the biological father, an
16    opportunity for the mother and presumed father to sign a
17    denial of paternity. The signing and witnessing of the
18    acknowledgment of parentage or, if the presumed father of
19    the child is not the biological father, the acknowledgment
20    of parentage and denial of paternity conclusively
21    establishes a parent and child relationship in accordance
22    with Sections 5 and 6 of the Illinois Parentage Act of 1984
23    and with the Illinois Parentage Act of 2015 on and after
24    the effective date of that Act.
25        The Department of Healthcare and Family Services shall
26    furnish the acknowledgment of parentage and denial of

 

 

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1    paternity form to institutions, county clerks, and State
2    and local registrars' offices. The form shall include
3    instructions to send the original signed and witnessed
4    acknowledgment of parentage and denial of paternity to the
5    Department of Healthcare and Family Services. The
6    acknowledgement of paternity and denial of paternity form
7    shall also include a statement informing the mother, the
8    alleged father, and the presumed father, if any, that they
9    have the right to request deoxyribonucleic acid (DNA) tests
10    regarding the issue of the child's paternity and that by
11    signing the form, they expressly waive such tests. The
12    statement shall be set forth in bold-face capital letters
13    not less than 0.25 inches in height.
14        (b) Provide the following documents, furnished by the
15    Department of Healthcare and Family Services, to the
16    child's mother, biological father, and (if the person
17    presumed to be the child's father is not the biological
18    father) presumed father for their review at the time the
19    opportunity is provided to establish a parent and child
20    relationship:
21            (i) An explanation of the implications of,
22        alternatives to, legal consequences of, and the rights
23        and responsibilities that arise from signing an
24        acknowledgment of parentage and, if necessary, a
25        denial of paternity, including an explanation of the
26        parental rights and responsibilities of child support,

 

 

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1        visitation, custody, retroactive support, health
2        insurance coverage, and payment of birth expenses.
3            (ii) An explanation of the benefits of having a
4        child's parentage established and the availability of
5        parentage establishment and child support enforcement
6        services.
7            (iii) A request for an application for child
8        support enforcement services from the Department of
9        Healthcare and Family Services.
10            (iv) Instructions concerning the opportunity to
11        speak, either by telephone or in person, with staff of
12        the Department of Healthcare and Family Services who
13        are trained to clarify information and answer
14        questions about paternity establishment.
15            (v) Instructions for completing and signing the
16        acknowledgment of parentage and denial of paternity.
17        (c) Provide an oral explanation of the documents and
18    instructions set forth in subdivision (5)(b), including an
19    explanation of the implications of, alternatives to, legal
20    consequences of, and the rights and responsibilities that
21    arise from signing an acknowledgment of parentage and, if
22    necessary, a denial of paternity. The oral explanation may
23    be given in person or through the use of video or audio
24    equipment.
25    (6) The institution, State or local registrar, or county
26clerk shall provide an opportunity for the child's father or

 

 

HB1531- 135 -LRB099 04250 HEP 25224 b

1mother to sign a rescission of parentage. The signing and
2witnessing of the rescission of parentage voids the
3acknowledgment of parentage and nullifies the presumption of
4paternity if executed and filed with the Department of
5Healthcare and Family Services (formerly Illinois Department
6of Public Aid) within the time frame contained in Section 5 of
7the Illinois Parentage Act of 1984 or Section 307 of the
8Illinois Parentage Act of 2015 on and after the effective date
9of that Act. The Department of Healthcare and Family Services
10shall furnish the rescission of parentage form to institutions,
11county clerks, and State and local registrars' offices. The
12form shall include instructions to send the original signed and
13witnessed rescission of parentage to the Department of
14Healthcare and Family Services.
15    (7) An acknowledgment of paternity signed pursuant to
16Section 6 of the Illinois Parentage Act of 1984 or Section 302
17of the Illinois Parentage Act of 2015 on and after the
18effective date of that Act may be challenged in court only on
19the basis of fraud, duress, or material mistake of fact, with
20the burden of proof upon the challenging party. Pending outcome
21of a challenge to the acknowledgment of paternity, the legal
22responsibilities of the signatories shall remain in full force
23and effect, except upon order of the court upon a showing of
24good cause.
25    (8) When the process for acknowledgment of parentage as
26provided for under subsection (5) establishes the paternity of

 

 

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1a child whose certificate of birth is on file in another state,
2the Department of Healthcare and Family Services shall forward
3a copy of the acknowledgment of parentage, the denial of
4paternity, if applicable, and the rescission of parentage, if
5applicable, to the birth record agency of the state where the
6child's certificate of birth is on file.
7    (9) In the event the parent-child relationship has been
8established in accordance with subdivision (a)(1) of Section 6
9of the Parentage Act of 1984, the names of the biological
10mother and biological father so established shall be entered on
11the child's birth certificate, and the names of the surrogate
12mother and surrogate mother's husband, if any, shall not be on
13the birth certificate.
14(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
1596-474, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
16    (410 ILCS 535/24)  (from Ch. 111 1/2, par. 73-24)
17    Sec. 24. (1) To protect the integrity of vital records, to
18insure their proper use, and to insure the efficient and proper
19administration of the vital records system, access to vital
20records, and indexes thereof, including vital records in the
21custody of local registrars and county clerks originating prior
22to January 1, 1916, is limited to the custodian and his
23employees, and then only for administrative purposes, except
24that the indexes of those records in the custody of local
25registrars and county clerks, originating prior to January 1,

 

 

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11916, shall be made available to persons for the purpose of
2genealogical research. Original, photographic or
3microphotographic reproductions of original records of births
4100 years old and older and deaths 50 years old and older, and
5marriage records 75 years old and older on file in the State
6Office of Vital Records and in the custody of the county clerks
7may be made available for inspection in the Illinois State
8Archives reference area, Illinois Regional Archives
9Depositories, and other libraries approved by the Illinois
10State Registrar and the Director of the Illinois State
11Archives, provided that the photographic or microphotographic
12copies are made at no cost to the county or to the State of
13Illinois. It is unlawful for any custodian to permit inspection
14of, or to disclose information contained in, vital records, or
15to copy or permit to be copied, all or part of any such record
16except as authorized by this Act or regulations adopted
17pursuant thereto.
18    (2) The State Registrar of Vital Records, or his agent, and
19any municipal, county, multi-county, public health district,
20or regional health officer recognized by the Department may
21examine vital records for the purpose only of carrying out the
22public health programs and responsibilities under his
23jurisdiction.
24    (3) The State Registrar of Vital Records, may disclose, or
25authorize the disclosure of, data contained in the vital
26records when deemed essential for bona fide research purposes

 

 

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1which are not for private gain.
2    This amendatory Act of 1973 does not apply to any home rule
3unit.
4    (4) The State Registrar shall exchange with the Department
5of Healthcare and Family Services information that may be
6necessary for the establishment of paternity and the
7establishment, modification, and enforcement of child support
8orders entered pursuant to the Illinois Public Aid Code, the
9Illinois Marriage and Dissolution of Marriage Act, the
10Non-Support of Spouse and Children Act, the Non-Support
11Punishment Act, the Revised Uniform Reciprocal Enforcement of
12Support Act, the Uniform Interstate Family Support Act, or the
13Illinois Parentage Act of 1984, or the Illinois Parentage Act
14of 2015. Notwithstanding any provisions in this Act to the
15contrary, the State Registrar shall not be liable to any person
16for any disclosure of information to the Department of
17Healthcare and Family Services (formerly Illinois Department
18of Public Aid) under this subsection or for any other action
19taken in good faith to comply with the requirements of this
20subsection.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    Section 959. The Illinois Vehicle Code is amended by
23changing Sections 2-109.1 and 7-703 as follows:
 
24    (625 ILCS 5/2-109.1)

 

 

HB1531- 139 -LRB099 04250 HEP 25224 b

1    Sec. 2-109.1. Exchange of information.
2    (a) The Secretary of State shall exchange information with
3the Department of Healthcare and Family Services which may be
4necessary for the establishment of paternity and the
5establishment, modification, and enforcement of child support
6orders pursuant to the Illinois Public Aid Code, the Illinois
7Marriage and Dissolution of Marriage Act, the Non-Support of
8Spouse and Children Act, the Non-Support Punishment Act, the
9Revised Uniform Reciprocal Enforcement of Support Act, the
10Uniform Interstate Family Support Act, or the Illinois
11Parentage Act of 1984, or the Illinois Parentage Act of 2015.
12    (b) Notwithstanding any provisions in this Code to the
13contrary, the Secretary of State shall not be liable to any
14person for any disclosure of information to the Department of
15Healthcare and Family Services (formerly Illinois Department
16of Public Aid) under subsection (a) or for any other action
17taken in good faith to comply with the requirements of
18subsection (a).
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    (625 ILCS 5/7-703)
21    Sec. 7-703. Courts to report non-payment of court ordered
22support or orders concerning driving privileges.
23    (a) The clerk of the circuit court, as provided in
24subsection (b) of Section 505 of the Illinois Marriage and
25Dissolution of Marriage Act or as provided in Section 15 of the

 

 

HB1531- 140 -LRB099 04250 HEP 25224 b

1Illinois Parentage Act of 2015 1984, shall forward to the
2Secretary of State, on a form prescribed by the Secretary, an
3authenticated document certifying the court's order suspending
4the driving privileges of the obligor. For any such
5certification, the clerk of the court shall charge the obligor
6a fee of $5 as provided in the Clerks of Courts Act.
7    (b) If an obligor has been adjudicated in arrears in court
8ordered child support payments in an amount equal to 90 days
9obligation or more but has not been held in contempt of court,
10the circuit court may order that the obligor's driving
11privileges be suspended. If the circuit court orders that the
12obligor's driving privileges be suspended, it shall forward to
13the Secretary of State, on a form prescribed by the Secretary,
14an authenticated document certifying the court's order
15suspending the driving privileges of the obligor. The
16authenticated document shall be forwarded to the Secretary of
17State by the court no later than 45 days after entry of the
18order suspending the obligor's driving privileges.
19    (c) The clerk of the circuit court, as provided in
20subsection (c-1) of Section 607.1 of the Illinois Marriage and
21Dissolution of Marriage Act, shall forward to the Secretary of
22State, on a form prescribed by the Secretary, an authenticated
23document certifying the court's order suspending the driving
24privileges of the party. For any such certification, the clerk
25of the court shall charge the party a fee of $5 as provided in
26the Clerks of Courts Act.

 

 

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1    (d) If a party has been adjudicated to have engaged in
2visitation abuse, the circuit court may order that the party's
3driving privileges be suspended. If the circuit court orders
4that the party's driving privileges be suspended, it shall
5forward to the Secretary of State, on a form prescribed by the
6Secretary, an authenticated document certifying the court's
7order suspending the driving privileges of the party. The
8authenticated document shall be forwarded to the Secretary of
9State by the court no later than 45 days after entry of the
10order suspending the party's driving privileges.
11(Source: P.A. 97-1047, eff. 8-21-12.)
 
12    Section 960. The Clerks of Courts Act is amended by
13changing Section 27.1a as follows:
 
14    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
15    Sec. 27.1a. The fees of the clerks of the circuit court in
16all counties having a population of not more than 500,000
17inhabitants in the instances described in this Section shall be
18as provided in this Section. In those instances where a minimum
19and maximum fee is stated, the clerk of the circuit court must
20charge the minimum fee listed and may charge up to the maximum
21fee if the county board has by resolution increased the fee.
22The fees shall be paid in advance and shall be as follows:
23(a) Civil Cases.
24        The fee for filing a complaint, petition, or other

 

 

HB1531- 142 -LRB099 04250 HEP 25224 b

1    pleading initiating a civil action, with the following
2    exceptions, shall be a minimum of $40 and a maximum of
3    $160.
4            (A) When the amount of money or damages or the
5        value of personal property claimed does not exceed
6        $250, $10.
7            (B) When that amount exceeds $250 but does not
8        exceed $500, a minimum of $10 and a maximum of $20.
9            (C) When that amount exceeds $500 but does not
10        exceed $2500, a minimum of $25 and a maximum of $40.
11            (D) When that amount exceeds $2500 but does not
12        exceed $15,000, a minimum of $25 and a maximum of $75.
13            (E) For the exercise of eminent domain, a minimum
14        of $45 and a maximum of $150. For each additional lot
15        or tract of land or right or interest therein subject
16        to be condemned, the damages in respect to which shall
17        require separate assessment by a jury, a minimum of $45
18        and a maximum of $150.
19(a-1) Family.
20        For filing a petition under the Juvenile Court Act of
21    1987, $25.
22        For filing a petition for a marriage license, $10.
23        For performing a marriage in court, $10.
24        For filing a petition under the Illinois Parentage Act
25    of 2015 1984, $40.
26(b) Forcible Entry and Detainer.

 

 

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1        In each forcible entry and detainer case when the
2    plaintiff seeks possession only or unites with his or her
3    claim for possession of the property a claim for rent or
4    damages or both in the amount of $15,000 or less, a minimum
5    of $10 and a maximum of $50. When the plaintiff unites his
6    or her claim for possession with a claim for rent or
7    damages or both exceeding $15,000, a minimum of $40 and a
8    maximum of $160.
9(c) Counterclaim or Joining Third Party Defendant.
10        When any defendant files a counterclaim as part of his
11    or her answer or otherwise or joins another party as a
12    third party defendant, or both, the defendant shall pay a
13    fee for each counterclaim or third party action in an
14    amount equal to the fee he or she would have had to pay had
15    he or she brought a separate action for the relief sought
16    in the counterclaim or against the third party defendant,
17    less the amount of the appearance fee, if that has been
18    paid.
19(d) Confession of Judgment.
20        In a confession of judgment when the amount does not
21    exceed $1500, a minimum of $20 and a maximum of $50. When
22    the amount exceeds $1500, but does not exceed $15,000, a
23    minimum of $40 and a maximum of $115. When the amount
24    exceeds $15,000, a minimum of $40 and a maximum of $200.
25(e) Appearance.
26        The fee for filing an appearance in each civil case

 

 

HB1531- 144 -LRB099 04250 HEP 25224 b

1    shall be a minimum of $15 and a maximum of $60, except as
2    follows:
3            (A) When the plaintiff in a forcible entry and
4        detainer case seeks possession only, a minimum of $10
5        and a maximum of $50.
6            (B) When the amount in the case does not exceed
7        $1500, a minimum of $10 and a maximum of $30.
8            (C) When that amount exceeds $1500 but does not
9        exceed $15,000, a minimum of $15 and a maximum of $60.
10(f) Garnishment, Wage Deduction, and Citation.
11        In garnishment affidavit, wage deduction affidavit,
12    and citation petition when the amount does not exceed
13    $1,000, a minimum of $5 and a maximum of $15; when the
14    amount exceeds $1,000 but does not exceed $5,000, a minimum
15    of $5 and a maximum of $30; and when the amount exceeds
16    $5,000, a minimum of $5 and a maximum of $50.
17(g) Petition to Vacate or Modify.
18        (1) Petition to vacate or modify any final judgment or
19    order of court, except in forcible entry and detainer cases
20    and small claims cases or a petition to reopen an estate,
21    to modify, terminate, or enforce a judgment or order for
22    child or spousal support, or to modify, suspend, or
23    terminate an order for withholding, if filed before 30 days
24    after the entry of the judgment or order, a minimum of $20
25    and a maximum of $50.
26        (2) Petition to vacate or modify any final judgment or

 

 

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1    order of court, except a petition to modify, terminate, or
2    enforce a judgment or order for child or spousal support or
3    to modify, suspend, or terminate an order for withholding,
4    if filed later than 30 days after the entry of the judgment
5    or order, a minimum of $20 and a maximum of $75.
6        (3) Petition to vacate order of bond forfeiture, a
7    minimum of $10 and a maximum of $40.
8(h) Mailing.
9        When the clerk is required to mail, the fee will be a
10    minimum of $2 and a maximum of $10, plus the cost of
11    postage.
12(i) Certified Copies.
13        Each certified copy of a judgment after the first,
14    except in small claims and forcible entry and detainer
15    cases, a minimum of $2 and a maximum of $10.
16(j) Habeas Corpus.
17        For filing a petition for relief by habeas corpus, a
18    minimum of $60 and a maximum of $100.
19(k) Certification, Authentication, and Reproduction.
20        (1) Each certification or authentication for taking
21    the acknowledgment of a deed or other instrument in writing
22    with the seal of office, a minimum of $2 and a maximum of
23    $6.
24        (2) Court appeals when original documents are
25    forwarded, under 100 pages, plus delivery and costs, a
26    minimum of $20 and a maximum of $60.

 

 

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1        (3) Court appeals when original documents are
2    forwarded, over 100 pages, plus delivery and costs, a
3    minimum of $50 and a maximum of $150.
4        (4) Court appeals when original documents are
5    forwarded, over 200 pages, an additional fee of a minimum
6    of 20 cents and a maximum of 25 cents per page.
7        (5) For reproduction of any document contained in the
8    clerk's files:
9            (A) First page, a minimum of $1 and a maximum of
10        $2.
11            (B) Next 19 pages, 50 cents per page.
12            (C) All remaining pages, 25 cents per page.
13(l) Remands.
14        In any cases remanded to the Circuit Court from the
15    Supreme Court or the Appellate Court for a new trial, the
16    clerk shall file the remanding order and reinstate the case
17    with either its original number or a new number. The Clerk
18    shall not charge any new or additional fee for the
19    reinstatement. Upon reinstatement the Clerk shall advise
20    the parties of the reinstatement. A party shall have the
21    same right to a jury trial on remand and reinstatement as
22    he or she had before the appeal, and no additional or new
23    fee or charge shall be made for a jury trial after remand.
24(m) Record Search.
25        For each record search, within a division or municipal
26    district, the clerk shall be entitled to a search fee of a

 

 

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1    minimum of $4 and a maximum of $6 for each year searched.
2(n) Hard Copy.
3        For each page of hard copy print output, when case
4    records are maintained on an automated medium, the clerk
5    shall be entitled to a fee of a minimum of $4 and a maximum
6    of $6.
7(o) Index Inquiry and Other Records.
8        No fee shall be charged for a single
9    plaintiff/defendant index inquiry or single case record
10    inquiry when this request is made in person and the records
11    are maintained in a current automated medium, and when no
12    hard copy print output is requested. The fees to be charged
13    for management records, multiple case records, and
14    multiple journal records may be specified by the Chief
15    Judge pursuant to the guidelines for access and
16    dissemination of information approved by the Supreme
17    Court.
18(p) (Blank).
19(q) Alias Summons.
20        For each alias summons or citation issued by the clerk,
21    a minimum of $2 and a maximum of $5.
22(r) Other Fees.
23        Any fees not covered in this Section shall be set by
24    rule or administrative order of the Circuit Court with the
25    approval of the Administrative Office of the Illinois
26    Courts.

 

 

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1        The clerk of the circuit court may provide additional
2    services for which there is no fee specified by statute in
3    connection with the operation of the clerk's office as may
4    be requested by the public and agreed to by the clerk and
5    approved by the chief judge of the circuit court. Any
6    charges for additional services shall be as agreed to
7    between the clerk and the party making the request and
8    approved by the chief judge of the circuit court. Nothing
9    in this subsection shall be construed to require any clerk
10    to provide any service not otherwise required by law.
11(s) Jury Services.
12        The clerk shall be entitled to receive, in addition to
13    other fees allowed by law, the sum of a minimum of $62.50
14    and a maximum of $212.50, as a fee for the services of a
15    jury in every civil action not quasi-criminal in its nature
16    and not a proceeding for the exercise of the right of
17    eminent domain and in every other action wherein the right
18    of trial by jury is or may be given by law. The jury fee
19    shall be paid by the party demanding a jury at the time of
20    filing the jury demand. If the fee is not paid by either
21    party, no jury shall be called in the action or proceeding,
22    and the same shall be tried by the court without a jury.
23(t) Voluntary Assignment.
24        For filing each deed of voluntary assignment, a minimum
25    of $10 and a maximum of $20; for recording the same, a
26    minimum of 25 cents and a maximum of 50 cents for each 100

 

 

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1    words. Exceptions filed to claims presented to an assignee
2    of a debtor who has made a voluntary assignment for the
3    benefit of creditors shall be considered and treated, for
4    the purpose of taxing costs therein, as actions in which
5    the party or parties filing the exceptions shall be
6    considered as party or parties plaintiff, and the claimant
7    or claimants as party or parties defendant, and those
8    parties respectively shall pay to the clerk the same fees
9    as provided by this Section to be paid in other actions.
10(u) Expungement Petition.
11        The clerk shall be entitled to receive a fee of a
12    minimum of $15 and a maximum of $60 for each expungement
13    petition filed and an additional fee of a minimum of $2 and
14    a maximum of $4 for each certified copy of an order to
15    expunge arrest records.
16(v) Probate.
17        The clerk is entitled to receive the fees specified in
18    this subsection (v), which shall be paid in advance, except
19    that, for good cause shown, the court may suspend, reduce,
20    or release the costs payable under this subsection:
21        (1) For administration of the estate of a decedent
22    (whether testate or intestate) or of a missing person, a
23    minimum of $50 and a maximum of $150, plus the fees
24    specified in subsection (v)(3), except:
25            (A) When the value of the real and personal
26        property does not exceed $15,000, the fee shall be a

 

 

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1        minimum of $25 and a maximum of $40.
2            (B) When (i) proof of heirship alone is made, (ii)
3        a domestic or foreign will is admitted to probate
4        without administration (including proof of heirship),
5        or (iii) letters of office are issued for a particular
6        purpose without administration of the estate, the fee
7        shall be a minimum of $10 and a maximum of $40.
8            (C) For filing a petition to sell Real Estate, $50.
9        (2) For administration of the estate of a ward, a
10    minimum of $50 and a maximum of $75, plus the fees
11    specified in subsection (v)(3), except:
12            (A) When the value of the real and personal
13        property does not exceed $15,000, the fee shall be a
14        minimum of $25 and a maximum of $40.
15            (B) When (i) letters of office are issued to a
16        guardian of the person or persons, but not of the
17        estate or (ii) letters of office are issued in the
18        estate of a ward without administration of the estate,
19        including filing or joining in the filing of a tax
20        return or releasing a mortgage or consenting to the
21        marriage of the ward, the fee shall be a minimum of $10
22        and a maximum of $20.
23            (C) For filing a Petition to sell Real Estate, $50.
24        (3) In addition to the fees payable under subsection
25    (v)(1) or (v)(2) of this Section, the following fees are
26    payable:

 

 

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1            (A) For each account (other than one final account)
2        filed in the estate of a decedent, or ward, a minimum
3        of $10 and a maximum of $25.
4            (B) For filing a claim in an estate when the amount
5        claimed is $150 or more but less than $500, a minimum
6        of $10 and a maximum of $25; when the amount claimed is
7        $500 or more but less than $10,000, a minimum of $10
8        and a maximum of $40; when the amount claimed is
9        $10,000 or more, a minimum of $10 and a maximum of $60;
10        provided that the court in allowing a claim may add to
11        the amount allowed the filing fee paid by the claimant.
12            (C) For filing in an estate a claim, petition, or
13        supplemental proceeding based upon an action seeking
14        equitable relief including the construction or contest
15        of a will, enforcement of a contract to make a will,
16        and proceedings involving testamentary trusts or the
17        appointment of testamentary trustees, a minimum of $40
18        and a maximum of $60.
19            (D) For filing in an estate (i) the appearance of
20        any person for the purpose of consent or (ii) the
21        appearance of an executor, administrator,
22        administrator to collect, guardian, guardian ad litem,
23        or special administrator, no fee.
24            (E) Except as provided in subsection (v)(3)(D),
25        for filing the appearance of any person or persons, a
26        minimum of $10 and a maximum of $30.

 

 

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1            (F) For each jury demand, a minimum of $62.50 and a
2        maximum of $137.50.
3            (G) For disposition of the collection of a judgment
4        or settlement of an action or claim for wrongful death
5        of a decedent or of any cause of action of a ward, when
6        there is no other administration of the estate, a
7        minimum of $30 and a maximum of $50, less any amount
8        paid under subsection (v)(1)(B) or (v)(2)(B) except
9        that if the amount involved does not exceed $5,000, the
10        fee, including any amount paid under subsection
11        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
12        maximum of $20.
13            (H) For each certified copy of letters of office,
14        of court order or other certification, a minimum of $1
15        and a maximum of $2, plus a minimum of 50 cents and a
16        maximum of $1 per page in excess of 3 pages for the
17        document certified.
18            (I) For each exemplification, a minimum of $1 and a
19        maximum of $2, plus the fee for certification.
20        (4) The executor, administrator, guardian, petitioner,
21    or other interested person or his or her attorney shall pay
22    the cost of publication by the clerk directly to the
23    newspaper.
24        (5) The person on whose behalf a charge is incurred for
25    witness, court reporter, appraiser, or other miscellaneous
26    fee shall pay the same directly to the person entitled

 

 

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1    thereto.
2        (6) The executor, administrator, guardian, petitioner,
3    or other interested person or his or her attorney shall pay
4    to the clerk all postage charges incurred by the clerk in
5    mailing petitions, orders, notices, or other documents
6    pursuant to the provisions of the Probate Act of 1975.
7(w) Criminal and Quasi-Criminal Costs and Fees.
8        (1) The clerk shall be entitled to costs in all
9    criminal and quasi-criminal cases from each person
10    convicted or sentenced to supervision therein as follows:
11            (A) Felony complaints, a minimum of $40 and a
12        maximum of $100.
13            (B) Misdemeanor complaints, a minimum of $25 and a
14        maximum of $75.
15            (C) Business offense complaints, a minimum of $25
16        and a maximum of $75.
17            (D) Petty offense complaints, a minimum of $25 and
18        a maximum of $75.
19            (E) Minor traffic or ordinance violations, $10.
20            (F) When court appearance required, $15.
21            (G) Motions to vacate or amend final orders, a
22        minimum of $20 and a maximum of $40.
23            (H) Motions to vacate bond forfeiture orders, a
24        minimum of $20 and a maximum of $40.
25            (I) Motions to vacate ex parte judgments, whenever
26        filed, a minimum of $20 and a maximum of $40.

 

 

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1            (J) Motions to vacate judgment on forfeitures,
2        whenever filed, a minimum of $20 and a maximum of $40.
3            (K) Motions to vacate "failure to appear" or
4        "failure to comply" notices sent to the Secretary of
5        State, a minimum of $20 and a maximum of $40.
6        (2) In counties having a population of not more than
7    500,000 inhabitants, when the violation complaint is
8    issued by a municipal police department, the clerk shall be
9    entitled to costs from each person convicted therein as
10    follows:
11            (A) Minor traffic or ordinance violations, $10.
12            (B) When court appearance required, $15.
13        (3) In ordinance violation cases punishable by fine
14    only, the clerk of the circuit court shall be entitled to
15    receive, unless the fee is excused upon a finding by the
16    court that the defendant is indigent, in addition to other
17    fees or costs allowed or imposed by law, the sum of a
18    minimum of $62.50 and a maximum of $137.50 as a fee for the
19    services of a jury. The jury fee shall be paid by the
20    defendant at the time of filing his or her jury demand. If
21    the fee is not so paid by the defendant, no jury shall be
22    called, and the case shall be tried by the court without a
23    jury.
24(x) Transcripts of Judgment.
25        For the filing of a transcript of judgment, the clerk
26    shall be entitled to the same fee as if it were the

 

 

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1    commencement of a new suit.
2(y) Change of Venue.
3        (1) For the filing of a change of case on a change of
4    venue, the clerk shall be entitled to the same fee as if it
5    were the commencement of a new suit.
6        (2) The fee for the preparation and certification of a
7    record on a change of venue to another jurisdiction, when
8    original documents are forwarded, a minimum of $10 and a
9    maximum of $40.
10(z) Tax objection complaints.
11        For each tax objection complaint containing one or more
12    tax objections, regardless of the number of parcels
13    involved or the number of taxpayers joining on the
14    complaint, a minimum of $10 and a maximum of $50.
15(aa) Tax Deeds.
16        (1) Petition for tax deed, if only one parcel is
17    involved, a minimum of $45 and a maximum of $200.
18        (2) For each additional parcel, add a fee of a minimum
19    of $10 and a maximum of $60.
20(bb) Collections.
21        (1) For all collections made of others, except the
22    State and county and except in maintenance or child support
23    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
24    of the amount collected and turned over.
25        (2) Interest earned on any funds held by the clerk
26    shall be turned over to the county general fund as an

 

 

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1    earning of the office.
2        (3) For any check, draft, or other bank instrument
3    returned to the clerk for non-sufficient funds, account
4    closed, or payment stopped, $25.
5        (4) In child support and maintenance cases, the clerk,
6    if authorized by an ordinance of the county board, may
7    collect an annual fee of up to $36 from the person making
8    payment for maintaining child support records and the
9    processing of support orders to the State of Illinois KIDS
10    system and the recording of payments issued by the State
11    Disbursement Unit for the official record of the Court.
12    This fee shall be in addition to and separate from amounts
13    ordered to be paid as maintenance or child support and
14    shall be deposited into a Separate Maintenance and Child
15    Support Collection Fund, of which the clerk shall be the
16    custodian, ex-officio, to be used by the clerk to maintain
17    child support orders and record all payments issued by the
18    State Disbursement Unit for the official record of the
19    Court. The clerk may recover from the person making the
20    maintenance or child support payment any additional cost
21    incurred in the collection of this annual fee.
22        The clerk shall also be entitled to a fee of $5 for
23    certifications made to the Secretary of State as provided
24    in Section 7-703 of the Family Financial Responsibility Law
25    and these fees shall also be deposited into the Separate
26    Maintenance and Child Support Collection Fund.

 

 

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1(cc) Corrections of Numbers.
2        For correction of the case number, case title, or
3    attorney computer identification number, if required by
4    rule of court, on any document filed in the clerk's office,
5    to be charged against the party that filed the document, a
6    minimum of $10 and a maximum of $25.
7(dd) Exceptions.
8        (1) The fee requirements of this Section shall not
9    apply to police departments or other law enforcement
10    agencies. In this Section, "law enforcement agency" means
11    an agency of the State or a unit of local government which
12    is vested by law or ordinance with the duty to maintain
13    public order and to enforce criminal laws or ordinances.
14    "Law enforcement agency" also means the Attorney General or
15    any state's attorney.
16        (2) No fee provided herein shall be charged to any unit
17    of local government or school district.
18        (3) The fee requirements of this Section shall not
19    apply to any action instituted under subsection (b) of
20    Section 11-31-1 of the Illinois Municipal Code by a private
21    owner or tenant of real property within 1200 feet of a
22    dangerous or unsafe building seeking an order compelling
23    the owner or owners of the building to take any of the
24    actions authorized under that subsection.
25        (4) The fee requirements of this Section shall not
26    apply to the filing of any commitment petition or petition

 

 

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1    for an order authorizing the administration of
2    psychotropic medication or electroconvulsive therapy under
3    the Mental Health and Developmental Disabilities Code.
4(ee) Adoptions.
5        (1) For an adoption...............................$65
6        (2) Upon good cause shown, the court may waive the
7    adoption filing fee in a special needs adoption. The term
8    "special needs adoption" shall have the meaning ascribed to
9    it by the Illinois Department of Children and Family
10    Services.
11(ff) Adoption exemptions.
12        No fee other than that set forth in subsection (ee)
13    shall be charged to any person in connection with an
14    adoption proceeding nor may any fee be charged for
15    proceedings for the appointment of a confidential
16    intermediary under the Adoption Act.
17(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 
18    Section 961. The Juvenile Court Act of 1987 is amended by
19changing Sections 1-3 and 6-9 as follows:
 
20    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
21    Sec. 1-3. Definitions. Terms used in this Act, unless the
22context otherwise requires, have the following meanings
23ascribed to them:
24    (1) "Adjudicatory hearing" means a hearing to determine

 

 

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1whether the allegations of a petition under Section 2-13, 3-15
2or 4-12 that a minor under 18 years of age is abused, neglected
3or dependent, or requires authoritative intervention, or
4addicted, respectively, are supported by a preponderance of the
5evidence or whether the allegations of a petition under Section
65-520 that a minor is delinquent are proved beyond a reasonable
7doubt.
8    (2) "Adult" means a person 21 years of age or older.
9    (3) "Agency" means a public or private child care facility
10legally authorized or licensed by this State for placement or
11institutional care or for both placement and institutional
12care.
13    (4) "Association" means any organization, public or
14private, engaged in welfare functions which include services to
15or on behalf of children but does not include "agency" as
16herein defined.
17    (4.05) Whenever a "best interest" determination is
18required, the following factors shall be considered in the
19context of the child's age and developmental needs:
20        (a) the physical safety and welfare of the child,
21    including food, shelter, health, and clothing;
22        (b) the development of the child's identity;
23        (c) the child's background and ties, including
24    familial, cultural, and religious;
25        (d) the child's sense of attachments, including:
26            (i) where the child actually feels love,

 

 

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1        attachment, and a sense of being valued (as opposed to
2        where adults believe the child should feel such love,
3        attachment, and a sense of being valued);
4            (ii) the child's sense of security;
5            (iii) the child's sense of familiarity;
6            (iv) continuity of affection for the child;
7            (v) the least disruptive placement alternative for
8        the child;
9        (e) the child's wishes and long-term goals;
10        (f) the child's community ties, including church,
11    school, and friends;
12        (g) the child's need for permanence which includes the
13    child's need for stability and continuity of relationships
14    with parent figures and with siblings and other relatives;
15        (h) the uniqueness of every family and child;
16        (i) the risks attendant to entering and being in
17    substitute care; and
18        (j) the preferences of the persons available to care
19    for the child.
20    (4.1) "Chronic truant" shall have the definition ascribed
21to it in Section 26-2a of the School Code.
22    (5) "Court" means the circuit court in a session or
23division assigned to hear proceedings under this Act.
24    (6) "Dispositional hearing" means a hearing to determine
25whether a minor should be adjudged to be a ward of the court,
26and to determine what order of disposition should be made in

 

 

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1respect to a minor adjudged to be a ward of the court.
2    (7) "Emancipated minor" means any minor 16 years of age or
3over who has been completely or partially emancipated under the
4Emancipation of Minors Act or under this Act.
5    (7.05) "Foster parent" includes a relative caregiver
6selected by the Department of Children and Family Services to
7provide care for the minor.
8    (8) "Guardianship of the person" of a minor means the duty
9and authority to act in the best interests of the minor,
10subject to residual parental rights and responsibilities, to
11make important decisions in matters having a permanent effect
12on the life and development of the minor and to be concerned
13with his or her general welfare. It includes but is not
14necessarily limited to:
15        (a) the authority to consent to marriage, to enlistment
16    in the armed forces of the United States, or to a major
17    medical, psychiatric, and surgical treatment; to represent
18    the minor in legal actions; and to make other decisions of
19    substantial legal significance concerning the minor;
20        (b) the authority and duty of reasonable visitation,
21    except to the extent that these have been limited in the
22    best interests of the minor by court order;
23        (c) the rights and responsibilities of legal custody
24    except where legal custody has been vested in another
25    person or agency; and
26        (d) the power to consent to the adoption of the minor,

 

 

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1    but only if expressly conferred on the guardian in
2    accordance with Section 2-29, 3-30, or 4-27.
3    (9) "Legal custody" means the relationship created by an
4order of court in the best interests of the minor which imposes
5on the custodian the responsibility of physical possession of a
6minor and the duty to protect, train and discipline him and to
7provide him with food, shelter, education and ordinary medical
8care, except as these are limited by residual parental rights
9and responsibilities and the rights and responsibilities of the
10guardian of the person, if any.
11    (9.1) "Mentally capable adult relative" means a person 21
12years of age or older who is not suffering from a mental
13illness that prevents him or her from providing the care
14necessary to safeguard the physical safety and welfare of a
15minor who is left in that person's care by the parent or
16parents or other person responsible for the minor's welfare.
17    (10) "Minor" means a person under the age of 21 years
18subject to this Act.
19    (11) "Parent" means a the father or mother of a child and
20includes any adoptive parent. It also includes a person man (i)
21whose parentage paternity is presumed or has been established
22under the law of this or another jurisdiction or (ii) who has
23registered with the Putative Father Registry in accordance with
24Section 12.1 of the Adoption Act and whose paternity has not
25been ruled out under the law of this or another jurisdiction.
26It does not include a parent whose rights in respect to the

 

 

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1minor have been terminated in any manner provided by law. It
2does not include a person who has been or could be determined
3to be a parent under the Illinois Parentage Act of 1984 or the
4Illinois Parentage Act of 2015, or similar parentage law in any
5other state, if that person has been convicted of or pled nolo
6contendere to a crime that resulted in the conception of the
7child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13,
812-14, 12-14.1, subsection (a) or (b) (but not subsection (c))
9of Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e),
10or (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of
11the Criminal Code of 1961 or the Criminal Code of 2012, or
12similar statute in another jurisdiction unless upon motion of
13any party, other than the offender, to the juvenile court
14proceedings the court finds it is in the child's best interest
15to deem the offender a parent for purposes of the juvenile
16court proceedings.
17    (11.1) "Permanency goal" means a goal set by the court as
18defined in subdivision (2) of Section 2-28.
19    (11.2) "Permanency hearing" means a hearing to set the
20permanency goal and to review and determine (i) the
21appropriateness of the services contained in the plan and
22whether those services have been provided, (ii) whether
23reasonable efforts have been made by all the parties to the
24service plan to achieve the goal, and (iii) whether the plan
25and goal have been achieved.
26    (12) "Petition" means the petition provided for in Section

 

 

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12-13, 3-15, 4-12 or 5-520, including any supplemental petitions
2thereunder in Section 3-15, 4-12 or 5-520.
3    (12.1) "Physically capable adult relative" means a person
421 years of age or older who does not have a severe physical
5disability or medical condition, or is not suffering from
6alcoholism or drug addiction, that prevents him or her from
7providing the care necessary to safeguard the physical safety
8and welfare of a minor who is left in that person's care by the
9parent or parents or other person responsible for the minor's
10welfare.
11    (12.2) "Post Permanency Sibling Contact Agreement" has the
12meaning ascribed to the term in Section 7.4 of the Children and
13Family Services Act.
14    (13) "Residual parental rights and responsibilities" means
15those rights and responsibilities remaining with the parent
16after the transfer of legal custody or guardianship of the
17person, including, but not necessarily limited to, the right to
18reasonable visitation (which may be limited by the court in the
19best interests of the minor as provided in subsection (8)(b) of
20this Section), the right to consent to adoption, the right to
21determine the minor's religious affiliation, and the
22responsibility for his support.
23    (14) "Shelter" means the temporary care of a minor in
24physically unrestricting facilities pending court disposition
25or execution of court order for placement.
26    (14.1) "Sibling Contact Support Plan" has the meaning

 

 

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1ascribed to the term in Section 7.4 of the Children and Family
2Services Act.
3    (15) "Station adjustment" means the informal handling of an
4alleged offender by a juvenile police officer.
5    (16) "Ward of the court" means a minor who is so adjudged
6under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
7requisite jurisdictional facts, and thus is subject to the
8dispositional powers of the court under this Act.
9    (17) "Juvenile police officer" means a sworn police officer
10who has completed a Basic Recruit Training Course, has been
11assigned to the position of juvenile police officer by his or
12her chief law enforcement officer and has completed the
13necessary juvenile officers training as prescribed by the
14Illinois Law Enforcement Training Standards Board, or in the
15case of a State police officer, juvenile officer training
16approved by the Director of the Department of State Police.
17    (18) "Secure child care facility" means any child care
18facility licensed by the Department of Children and Family
19Services to provide secure living arrangements for children
20under 18 years of age who are subject to placement in
21facilities under the Children and Family Services Act and who
22are not subject to placement in facilities for whom standards
23are established by the Department of Corrections under Section
243-15-2 of the Unified Code of Corrections. "Secure child care
25facility" also means a facility that is designed and operated
26to ensure that all entrances and exits from the facility, a

 

 

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1building, or a distinct part of the building are under the
2exclusive control of the staff of the facility, whether or not
3the child has the freedom of movement within the perimeter of
4the facility, building, or distinct part of the building.
5(Source: P.A. 97-568, eff. 8-25-11; 97-1076, eff. 8-24-12;
697-1150, eff. 1-25-13; 98-249, eff. 1-1-14.)
 
7    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
8    Sec. 6-9. Enforcement of liability of parents and others.
9    (1) If parentage is at issue in any proceeding under this
10Act, other than cases involving those exceptions to the
11definition of parent set out in item (11) in Section 1-3, then
12the Illinois Parentage Act of 2015 1984 shall apply and the
13court shall enter orders consistent with that Act. If it
14appears at any hearing that a parent or any other person named
15in the petition, liable under the law for the support of the
16minor, is able to contribute to his or her support, the court
17shall enter an order requiring that parent or other person to
18pay the clerk of the court, or to the guardian or custodian
19appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
20reasonable sum from time to time for the care, support and
21necessary special care or treatment, of the minor. If the court
22determines at any hearing that a parent or any other person
23named in the petition, liable under the law for the support of
24the minor, is able to contribute to help defray the costs
25associated with the minor's detention in a county or regional

 

 

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1detention center, the court shall enter an order requiring that
2parent or other person to pay the clerk of the court a
3reasonable sum for the care and support of the minor. The court
4may require reasonable security for the payments. Upon failure
5to pay, the court may enforce obedience to the order by a
6proceeding as for contempt of court.
7    If it appears that the person liable for the support of the
8minor is able to contribute to legal fees for representation of
9the minor, the court shall enter an order requiring that person
10to pay a reasonable sum for the representation, to the attorney
11providing the representation or to the clerk of the court for
12deposit in the appropriate account or fund. The sum may be paid
13as the court directs, and the payment thereof secured and
14enforced as provided in this Section for support.
15    If it appears at the detention or shelter care hearing of a
16minor before the court under Section 5-501 that a parent or any
17other person liable for support of the minor is able to
18contribute to his or her support, that parent or other person
19shall be required to pay a fee for room and board at a rate not
20to exceed $10 per day established, with the concurrence of the
21chief judge of the judicial circuit, by the county board of the
22county in which the minor is detained unless the court
23determines that it is in the best interest and welfare of the
24minor to waive the fee. The concurrence of the chief judge
25shall be in the form of an administrative order. Each week, on
26a day designated by the clerk of the circuit court, that parent

 

 

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1or other person shall pay the clerk for the minor's room and
2board. All fees for room and board collected by the circuit
3court clerk shall be disbursed into the separate county fund
4under Section 6-7.
5    Upon application, the court shall waive liability for
6support or legal fees under this Section if the parent or other
7person establishes that he or she is indigent and unable to pay
8the incurred liability, and the court may reduce or waive
9liability if the parent or other person establishes
10circumstances showing that full payment of support or legal
11fees would result in financial hardship to the person or his or
12her family.
13    (2) When a person so ordered to pay for the care and
14support of a minor is employed for wages, salary or commission,
15the court may order him to make the support payments for which
16he is liable under this Act out of his wages, salary or
17commission and to assign so much thereof as will pay the
18support. The court may also order him to make discovery to the
19court as to his place of employment and the amounts earned by
20him. Upon his failure to obey the orders of court he may be
21punished as for contempt of court.
22    (3) If the minor is a recipient of public aid under the
23Illinois Public Aid Code, the court shall order that payments
24made by a parent or through assignment of his wages, salary or
25commission be made directly to (a) the Department of Healthcare
26and Family Services if the minor is a recipient of aid under

 

 

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1Article V of the Code, (b) the Department of Human Services if
2the minor is a recipient of aid under Article IV of the Code,
3or (c) the local governmental unit responsible for the support
4of the minor if he is a recipient under Articles VI or VII of
5the Code. The order shall permit the Department of Healthcare
6and Family Services, the Department of Human Services, or the
7local governmental unit, as the case may be, to direct that
8subsequent payments be made directly to the guardian or
9custodian of the minor, or to some other person or agency in
10the minor's behalf, upon removal of the minor from the public
11aid rolls; and upon such direction and removal of the minor
12from the public aid rolls, the Department of Healthcare and
13Family Services, Department of Human Services, or local
14governmental unit, as the case requires, shall give written
15notice of such action to the court. Payments received by the
16Department of Healthcare and Family Services, Department of
17Human Services, or local governmental unit are to be covered,
18respectively, into the General Revenue Fund of the State
19Treasury or General Assistance Fund of the governmental unit,
20as provided in Section 10-19 of the Illinois Public Aid Code.
21(Source: P.A. 97-568, eff. 8-25-11.)
 
22    Section 962. The Code of Criminal Procedure of 1963 is
23amended by changing Section 112A-14 as follows:
 
24    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)

 

 

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1    Sec. 112A-14. Order of protection; remedies.
2    (a) Issuance of order. If the court finds that petitioner
3has been abused by a family or household member, as defined in
4this Article, an order of protection prohibiting such abuse
5shall issue; provided that petitioner must also satisfy the
6requirements of one of the following Sections, as appropriate:
7Section 112A-17 on emergency orders, Section 112A-18 on interim
8orders, or Section 112A-19 on plenary orders. Petitioner shall
9not be denied an order of protection because petitioner or
10respondent is a minor. The court, when determining whether or
11not to issue an order of protection, shall not require physical
12manifestations of abuse on the person of the victim.
13Modification and extension of prior orders of protection shall
14be in accordance with this Article.
15    (b) Remedies and standards. The remedies to be included in
16an order of protection shall be determined in accordance with
17this Section and one of the following Sections, as appropriate:
18Section 112A-17 on emergency orders, Section 112A-18 on interim
19orders, and Section 112A-19 on plenary orders. The remedies
20listed in this subsection shall be in addition to other civil
21or criminal remedies available to petitioner.
22        (1) Prohibition of abuse. Prohibit respondent's
23    harassment, interference with personal liberty,
24    intimidation of a dependent, physical abuse or willful
25    deprivation, as defined in this Article, if such abuse has
26    occurred or otherwise appears likely to occur if not

 

 

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1    prohibited.
2        (2) Grant of exclusive possession of residence.
3    Prohibit respondent from entering or remaining in any
4    residence, household, or premises of the petitioner,
5    including one owned or leased by respondent, if petitioner
6    has a right to occupancy thereof. The grant of exclusive
7    possession of the residence, household, or premises shall
8    not affect title to real property, nor shall the court be
9    limited by the standard set forth in Section 701 of the
10    Illinois Marriage and Dissolution of Marriage Act.
11            (A) Right to occupancy. A party has a right to
12        occupancy of a residence or household if it is solely
13        or jointly owned or leased by that party, that party's
14        spouse, a person with a legal duty to support that
15        party or a minor child in that party's care, or by any
16        person or entity other than the opposing party that
17        authorizes that party's occupancy (e.g., a domestic
18        violence shelter). Standards set forth in subparagraph
19        (B) shall not preclude equitable relief.
20            (B) Presumption of hardships. If petitioner and
21        respondent each has the right to occupancy of a
22        residence or household, the court shall balance (i) the
23        hardships to respondent and any minor child or
24        dependent adult in respondent's care resulting from
25        entry of this remedy with (ii) the hardships to
26        petitioner and any minor child or dependent adult in

 

 

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1        petitioner's care resulting from continued exposure to
2        the risk of abuse (should petitioner remain at the
3        residence or household) or from loss of possession of
4        the residence or household (should petitioner leave to
5        avoid the risk of abuse). When determining the balance
6        of hardships, the court shall also take into account
7        the accessibility of the residence or household.
8        Hardships need not be balanced if respondent does not
9        have a right to occupancy.
10            The balance of hardships is presumed to favor
11        possession by petitioner unless the presumption is
12        rebutted by a preponderance of the evidence, showing
13        that the hardships to respondent substantially
14        outweigh the hardships to petitioner and any minor
15        child or dependent adult in petitioner's care. The
16        court, on the request of petitioner or on its own
17        motion, may order respondent to provide suitable,
18        accessible, alternate housing for petitioner instead
19        of excluding respondent from a mutual residence or
20        household.
21        (3) Stay away order and additional prohibitions. Order
22    respondent to stay away from petitioner or any other person
23    protected by the order of protection, or prohibit
24    respondent from entering or remaining present at
25    petitioner's school, place of employment, or other
26    specified places at times when petitioner is present, or

 

 

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1    both, if reasonable, given the balance of hardships.
2    Hardships need not be balanced for the court to enter a
3    stay away order or prohibit entry if respondent has no
4    right to enter the premises.
5        If an order of protection grants petitioner exclusive
6    possession of the residence, or prohibits respondent from
7    entering the residence, or orders respondent to stay away
8    from petitioner or other protected persons, then the court
9    may allow respondent access to the residence to remove
10    items of clothing and personal adornment used exclusively
11    by respondent, medications, and other items as the court
12    directs. The right to access shall be exercised on only one
13    occasion as the court directs and in the presence of an
14    agreed-upon adult third party or law enforcement officer.
15        (4) Counseling. Require or recommend the respondent to
16    undergo counseling for a specified duration with a social
17    worker, psychologist, clinical psychologist, psychiatrist,
18    family service agency, alcohol or substance abuse program,
19    mental health center guidance counselor, agency providing
20    services to elders, program designed for domestic violence
21    abusers or any other guidance service the court deems
22    appropriate. The court may order the respondent in any
23    intimate partner relationship to report to an Illinois
24    Department of Human Services protocol approved partner
25    abuse intervention program for an assessment and to follow
26    all recommended treatment.

 

 

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1        (5) Physical care and possession of the minor child. In
2    order to protect the minor child from abuse, neglect, or
3    unwarranted separation from the person who has been the
4    minor child's primary caretaker, or to otherwise protect
5    the well-being of the minor child, the court may do either
6    or both of the following: (i) grant petitioner physical
7    care or possession of the minor child, or both, or (ii)
8    order respondent to return a minor child to, or not remove
9    a minor child from, the physical care of a parent or person
10    in loco parentis.
11        If a court finds, after a hearing, that respondent has
12    committed abuse (as defined in Section 112A-3) of a minor
13    child, there shall be a rebuttable presumption that
14    awarding physical care to respondent would not be in the
15    minor child's best interest.
16        (6) Temporary legal custody. Award temporary legal
17    custody to petitioner in accordance with this Section, the
18    Illinois Marriage and Dissolution of Marriage Act, the
19    Illinois Parentage Act of 2015 1984, and this State's
20    Uniform Child-Custody Jurisdiction and Enforcement Act.
21        If a court finds, after a hearing, that respondent has
22    committed abuse (as defined in Section 112A-3) of a minor
23    child, there shall be a rebuttable presumption that
24    awarding temporary legal custody to respondent would not be
25    in the child's best interest.
26        (7) Visitation. Determine the visitation rights, if

 

 

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1    any, of respondent in any case in which the court awards
2    physical care or temporary legal custody of a minor child
3    to petitioner. The court shall restrict or deny
4    respondent's visitation with a minor child if the court
5    finds that respondent has done or is likely to do any of
6    the following: (i) abuse or endanger the minor child during
7    visitation; (ii) use the visitation as an opportunity to
8    abuse or harass petitioner or petitioner's family or
9    household members; (iii) improperly conceal or detain the
10    minor child; or (iv) otherwise act in a manner that is not
11    in the best interests of the minor child. The court shall
12    not be limited by the standards set forth in Section 607.1
13    of the Illinois Marriage and Dissolution of Marriage Act.
14    If the court grants visitation, the order shall specify
15    dates and times for the visitation to take place or other
16    specific parameters or conditions that are appropriate. No
17    order for visitation shall refer merely to the term
18    "reasonable visitation".
19        Petitioner may deny respondent access to the minor
20    child if, when respondent arrives for visitation,
21    respondent is under the influence of drugs or alcohol and
22    constitutes a threat to the safety and well-being of
23    petitioner or petitioner's minor children or is behaving in
24    a violent or abusive manner.
25        If necessary to protect any member of petitioner's
26    family or household from future abuse, respondent shall be

 

 

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1    prohibited from coming to petitioner's residence to meet
2    the minor child for visitation, and the parties shall
3    submit to the court their recommendations for reasonable
4    alternative arrangements for visitation. A person may be
5    approved to supervise visitation only after filing an
6    affidavit accepting that responsibility and acknowledging
7    accountability to the court.
8        (8) Removal or concealment of minor child. Prohibit
9    respondent from removing a minor child from the State or
10    concealing the child within the State.
11        (9) Order to appear. Order the respondent to appear in
12    court, alone or with a minor child, to prevent abuse,
13    neglect, removal or concealment of the child, to return the
14    child to the custody or care of the petitioner or to permit
15    any court-ordered interview or examination of the child or
16    the respondent.
17        (10) Possession of personal property. Grant petitioner
18    exclusive possession of personal property and, if
19    respondent has possession or control, direct respondent to
20    promptly make it available to petitioner, if:
21            (i) petitioner, but not respondent, owns the
22        property; or
23            (ii) the parties own the property jointly; sharing
24        it would risk abuse of petitioner by respondent or is
25        impracticable; and the balance of hardships favors
26        temporary possession by petitioner.

 

 

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1        If petitioner's sole claim to ownership of the property
2    is that it is marital property, the court may award
3    petitioner temporary possession thereof under the
4    standards of subparagraph (ii) of this paragraph only if a
5    proper proceeding has been filed under the Illinois
6    Marriage and Dissolution of Marriage Act, as now or
7    hereafter amended.
8        No order under this provision shall affect title to
9    property.
10        (11) Protection of property. Forbid the respondent
11    from taking, transferring, encumbering, concealing,
12    damaging or otherwise disposing of any real or personal
13    property, except as explicitly authorized by the court, if:
14            (i) petitioner, but not respondent, owns the
15        property; or
16            (ii) the parties own the property jointly, and the
17        balance of hardships favors granting this remedy.
18        If petitioner's sole claim to ownership of the property
19    is that it is marital property, the court may grant
20    petitioner relief under subparagraph (ii) of this
21    paragraph only if a proper proceeding has been filed under
22    the Illinois Marriage and Dissolution of Marriage Act, as
23    now or hereafter amended.
24        The court may further prohibit respondent from
25    improperly using the financial or other resources of an
26    aged member of the family or household for the profit or

 

 

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1    advantage of respondent or of any other person.
2        (11.5) Protection of animals. Grant the petitioner the
3    exclusive care, custody, or control of any animal owned,
4    possessed, leased, kept, or held by either the petitioner
5    or the respondent or a minor child residing in the
6    residence or household of either the petitioner or the
7    respondent and order the respondent to stay away from the
8    animal and forbid the respondent from taking,
9    transferring, encumbering, concealing, harming, or
10    otherwise disposing of the animal.
11        (12) Order for payment of support. Order respondent to
12    pay temporary support for the petitioner or any child in
13    the petitioner's care or custody, when the respondent has a
14    legal obligation to support that person, in accordance with
15    the Illinois Marriage and Dissolution of Marriage Act,
16    which shall govern, among other matters, the amount of
17    support, payment through the clerk and withholding of
18    income to secure payment. An order for child support may be
19    granted to a petitioner with lawful physical care or
20    custody of a child, or an order or agreement for physical
21    care or custody, prior to entry of an order for legal
22    custody. Such a support order shall expire upon entry of a
23    valid order granting legal custody to another, unless
24    otherwise provided in the custody order.
25        (13) Order for payment of losses. Order respondent to
26    pay petitioner for losses suffered as a direct result of

 

 

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1    the abuse. Such losses shall include, but not be limited
2    to, medical expenses, lost earnings or other support,
3    repair or replacement of property damaged or taken,
4    reasonable attorney's fees, court costs and moving or other
5    travel expenses, including additional reasonable expenses
6    for temporary shelter and restaurant meals.
7            (i) Losses affecting family needs. If a party is
8        entitled to seek maintenance, child support or
9        property distribution from the other party under the
10        Illinois Marriage and Dissolution of Marriage Act, as
11        now or hereafter amended, the court may order
12        respondent to reimburse petitioner's actual losses, to
13        the extent that such reimbursement would be
14        "appropriate temporary relief", as authorized by
15        subsection (a)(3) of Section 501 of that Act.
16            (ii) Recovery of expenses. In the case of an
17        improper concealment or removal of a minor child, the
18        court may order respondent to pay the reasonable
19        expenses incurred or to be incurred in the search for
20        and recovery of the minor child, including but not
21        limited to legal fees, court costs, private
22        investigator fees, and travel costs.
23        (14) Prohibition of entry. Prohibit the respondent
24    from entering or remaining in the residence or household
25    while the respondent is under the influence of alcohol or
26    drugs and constitutes a threat to the safety and well-being

 

 

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1    of the petitioner or the petitioner's children.
2        (14.5) Prohibition of firearm possession.
3            (A) A person who is subject to an existing order of
4        protection, interim order of protection, emergency
5        order of protection, or plenary order of protection,
6        issued under this Code may not lawfully possess weapons
7        under Section 8.2 of the Firearm Owners Identification
8        Card Act.
9            (B) Any firearms in the possession of the
10        respondent, except as provided in subparagraph (C) of
11        this paragraph (14.5), shall be ordered by the court to
12        be turned over to a person with a valid Firearm Owner's
13        Identification Card for safekeeping. The court shall
14        issue an order that the respondent's Firearm Owner's
15        Identification Card be turned over to the local law
16        enforcement agency, which in turn shall immediately
17        mail the card to the Department of State Police Firearm
18        Owner's Identification Card Office for safekeeping.
19        The period of safekeeping shall be for the duration of
20        the order of protection. The firearm or firearms and
21        Firearm Owner's Identification Card, if unexpired,
22        shall at the respondent's request be returned to the
23        respondent at expiration of the order of protection.
24            (C) If the respondent is a peace officer as defined
25        in Section 2-13 of the Criminal Code of 2012, the court
26        shall order that any firearms used by the respondent in

 

 

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1        the performance of his or her duties as a peace officer
2        be surrendered to the chief law enforcement executive
3        of the agency in which the respondent is employed, who
4        shall retain the firearms for safekeeping for the
5        duration of the order of protection.
6            (D) Upon expiration of the period of safekeeping,
7        if the firearms or Firearm Owner's Identification Card
8        cannot be returned to respondent because respondent
9        cannot be located, fails to respond to requests to
10        retrieve the firearms, or is not lawfully eligible to
11        possess a firearm, upon petition from the local law
12        enforcement agency, the court may order the local law
13        enforcement agency to destroy the firearms, use the
14        firearms for training purposes, or for any other
15        application as deemed appropriate by the local law
16        enforcement agency; or that the firearms be turned over
17        to a third party who is lawfully eligible to possess
18        firearms, and who does not reside with respondent.
19        (15) Prohibition of access to records. If an order of
20    protection prohibits respondent from having contact with
21    the minor child, or if petitioner's address is omitted
22    under subsection (b) of Section 112A-5, or if necessary to
23    prevent abuse or wrongful removal or concealment of a minor
24    child, the order shall deny respondent access to, and
25    prohibit respondent from inspecting, obtaining, or
26    attempting to inspect or obtain, school or any other

 

 

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1    records of the minor child who is in the care of
2    petitioner.
3        (16) Order for payment of shelter services. Order
4    respondent to reimburse a shelter providing temporary
5    housing and counseling services to the petitioner for the
6    cost of the services, as certified by the shelter and
7    deemed reasonable by the court.
8        (17) Order for injunctive relief. Enter injunctive
9    relief necessary or appropriate to prevent further abuse of
10    a family or household member or to effectuate one of the
11    granted remedies, if supported by the balance of hardships.
12    If the harm to be prevented by the injunction is abuse or
13    any other harm that one of the remedies listed in
14    paragraphs (1) through (16) of this subsection is designed
15    to prevent, no further evidence is necessary to establish
16    that the harm is an irreparable injury.
17    (c) Relevant factors; findings.
18        (1) In determining whether to grant a specific remedy,
19    other than payment of support, the court shall consider
20    relevant factors, including but not limited to the
21    following:
22            (i) the nature, frequency, severity, pattern and
23        consequences of the respondent's past abuse of the
24        petitioner or any family or household member,
25        including the concealment of his or her location in
26        order to evade service of process or notice, and the

 

 

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1        likelihood of danger of future abuse to petitioner or
2        any member of petitioner's or respondent's family or
3        household; and
4            (ii) the danger that any minor child will be abused
5        or neglected or improperly removed from the
6        jurisdiction, improperly concealed within the State or
7        improperly separated from the child's primary
8        caretaker.
9        (2) In comparing relative hardships resulting to the
10    parties from loss of possession of the family home, the
11    court shall consider relevant factors, including but not
12    limited to the following:
13            (i) availability, accessibility, cost, safety,
14        adequacy, location and other characteristics of
15        alternate housing for each party and any minor child or
16        dependent adult in the party's care;
17            (ii) the effect on the party's employment; and
18            (iii) the effect on the relationship of the party,
19        and any minor child or dependent adult in the party's
20        care, to family, school, church and community.
21        (3) Subject to the exceptions set forth in paragraph
22    (4) of this subsection, the court shall make its findings
23    in an official record or in writing, and shall at a minimum
24    set forth the following:
25            (i) That the court has considered the applicable
26        relevant factors described in paragraphs (1) and (2) of

 

 

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1        this subsection.
2            (ii) Whether the conduct or actions of respondent,
3        unless prohibited, will likely cause irreparable harm
4        or continued abuse.
5            (iii) Whether it is necessary to grant the
6        requested relief in order to protect petitioner or
7        other alleged abused persons.
8        (4) For purposes of issuing an ex parte emergency order
9    of protection, the court, as an alternative to or as a
10    supplement to making the findings described in paragraphs
11    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
12    the following procedure:
13        When a verified petition for an emergency order of
14    protection in accordance with the requirements of Sections
15    112A-5 and 112A-17 is presented to the court, the court
16    shall examine petitioner on oath or affirmation. An
17    emergency order of protection shall be issued by the court
18    if it appears from the contents of the petition and the
19    examination of petitioner that the averments are
20    sufficient to indicate abuse by respondent and to support
21    the granting of relief under the issuance of the emergency
22    order of protection.
23        (5) Never married parties. No rights or
24    responsibilities for a minor child born outside of marriage
25    attach to a putative father until a father and child
26    relationship has been established under the Illinois

 

 

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1    Parentage Act of 1984 or under the Illinois Parentage Act
2    of 2015 on and after the effective date of that Act. Absent
3    such an adjudication, no putative father shall be granted
4    temporary custody of the minor child, visitation with the
5    minor child, or physical care and possession of the minor
6    child, nor shall an order of payment for support of the
7    minor child be entered.
8    (d) Balance of hardships; findings. If the court finds that
9the balance of hardships does not support the granting of a
10remedy governed by paragraph (2), (3), (10), (11), or (16) of
11subsection (b) of this Section, which may require such
12balancing, the court's findings shall so indicate and shall
13include a finding as to whether granting the remedy will result
14in hardship to respondent that would substantially outweigh the
15hardship to petitioner from denial of the remedy. The findings
16shall be an official record or in writing.
17    (e) Denial of remedies. Denial of any remedy shall not be
18based, in whole or in part, on evidence that:
19        (1) Respondent has cause for any use of force, unless
20    that cause satisfies the standards for justifiable use of
21    force provided by Article 7 of the Criminal Code of 2012;
22        (2) Respondent was voluntarily intoxicated;
23        (3) Petitioner acted in self-defense or defense of
24    another, provided that, if petitioner utilized force, such
25    force was justifiable under Article 7 of the Criminal Code
26    of 2012;

 

 

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1        (4) Petitioner did not act in self-defense or defense
2    of another;
3        (5) Petitioner left the residence or household to avoid
4    further abuse by respondent;
5        (6) Petitioner did not leave the residence or household
6    to avoid further abuse by respondent;
7        (7) Conduct by any family or household member excused
8    the abuse by respondent, unless that same conduct would
9    have excused such abuse if the parties had not been family
10    or household members.
11(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13;
1297-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
13    Section 963. The Unified Code of Corrections is amended by
14changing Section 3-5-4 as follows:
 
15    (730 ILCS 5/3-5-4)
16    Sec. 3-5-4. Exchange of information for child support
17enforcement.
18    (a) The Department shall exchange with the Department of
19Healthcare and Family Services information that may be
20necessary for the enforcement of child support orders entered
21pursuant to the Illinois Public Aid Code, the Illinois Marriage
22and Dissolution of Marriage Act, the Non-Support of Spouse and
23Children Act, the Non-Support Punishment Act, the Revised
24Uniform Reciprocal Enforcement of Support Act, the Uniform

 

 

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1Interstate Family Support Act, or the Illinois Parentage Act of
21984, or the Illinois Parentage Act of 2015.
3    (b) Notwithstanding any provisions in this Code to the
4contrary, the Department shall not be liable to any person for
5any disclosure of information to the Department of Healthcare
6and Family Services (formerly Illinois Department of Public
7Aid) under subsection (a) or for any other action taken in good
8faith to comply with the requirements of subsection (a).
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    Section 964. The Code of Civil Procedure is amended by
11changing Sections 2-209, 2-1401, 12-112, and 12-819 as follows:
 
12    (735 ILCS 5/2-209)  (from Ch. 110, par. 2-209)
13    Sec. 2-209. Act submitting to jurisdiction - Process.
14    (a) Any person, whether or not a citizen or resident of
15this State, who in person or through an agent does any of the
16acts hereinafter enumerated, thereby submits such person, and,
17if an individual, his or her personal representative, to the
18jurisdiction of the courts of this State as to any cause of
19action arising from the doing of any of such acts:
20        (1) The transaction of any business within this State;
21        (2) The commission of a tortious act within this State;
22        (3) The ownership, use, or possession of any real
23    estate situated in this State;
24        (4) Contracting to insure any person, property or risk

 

 

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1    located within this State at the time of contracting;
2        (5) With respect to actions of dissolution of marriage,
3    declaration of invalidity of marriage and legal
4    separation, the maintenance in this State of a matrimonial
5    domicile at the time this cause of action arose or the
6    commission in this State of any act giving rise to the
7    cause of action;
8        (6) With respect to actions brought under the Illinois
9    Parentage Act of 1984, as now or hereafter amended, or
10    under the Illinois Parentage Act of 2015 on and after the
11    effective date of that Act, the performance of an act of
12    sexual intercourse within this State during the possible
13    period of conception;
14        (7) The making or performance of any contract or
15    promise substantially connected with this State;
16        (8) The performance of sexual intercourse within this
17    State which is claimed to have resulted in the conception
18    of a child who resides in this State;
19        (9) The failure to support a child, spouse or former
20    spouse who has continued to reside in this State since the
21    person either formerly resided with them in this State or
22    directed them to reside in this State;
23        (10) The acquisition of ownership, possession or
24    control of any asset or thing of value present within this
25    State when ownership, possession or control was acquired;
26        (11) The breach of any fiduciary duty within this

 

 

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1    State;
2        (12) The performance of duties as a director or officer
3    of a corporation organized under the laws of this State or
4    having its principal place of business within this State;
5        (13) The ownership of an interest in any trust
6    administered within this State; or
7        (14) The exercise of powers granted under the authority
8    of this State as a fiduciary.
9    (b) A court may exercise jurisdiction in any action arising
10within or without this State against any person who:
11        (1) Is a natural person present within this State when
12    served;
13        (2) Is a natural person domiciled or resident within
14    this State when the cause of action arose, the action was
15    commenced, or process was served;
16        (3) Is a corporation organized under the laws of this
17    State; or
18        (4) Is a natural person or corporation doing business
19    within this State.
20    (b-5) Foreign defamation judgment. The courts of this State
21shall have personal jurisdiction over any person who obtains a
22judgment in a defamation proceeding outside the United States
23against any person who is a resident of Illinois or, if not a
24natural person, has its principal place of business in
25Illinois, for the purposes of rendering declaratory relief with
26respect to that resident's liability for the judgment, or for

 

 

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1the purpose of determining whether said judgment should be
2deemed non-recognizable pursuant to this Code, to the fullest
3extent permitted by the United States Constitution, provided:
4        (1) the publication at issue was published in Illinois,
5    and
6        (2) that resident (i) has assets in Illinois which
7    might be used to satisfy the foreign defamation judgment,
8    or (ii) may have to take actions in Illinois to comply with
9    the foreign defamation judgment.
10    The provisions of this subsection (b-5) shall apply to
11persons who obtained judgments in defamation proceedings
12outside the United States prior to, on, or after the effective
13date of this amendatory Act of the 95th General Assembly.
14    (c) A court may also exercise jurisdiction on any other
15basis now or hereafter permitted by the Illinois Constitution
16and the Constitution of the United States.
17    (d) Service of process upon any person who is subject to
18the jurisdiction of the courts of this State, as provided in
19this Section, may be made by personally serving the summons
20upon the defendant outside this State, as provided in this Act,
21with the same force and effect as though summons had been
22personally served within this State.
23    (e) Service of process upon any person who resides or whose
24business address is outside the United States and who is
25subject to the jurisdiction of the courts of this State, as
26provided in this Section, in any action based upon product

 

 

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1liability may be made by serving a copy of the summons with a
2copy of the complaint attached upon the Secretary of State. The
3summons shall be accompanied by a $5 fee payable to the
4Secretary of State. The plaintiff shall forthwith mail a copy
5of the summons, upon which the date of service upon the
6Secretary is clearly shown, together with a copy of the
7complaint to the defendant at his or her last known place of
8residence or business address. Plaintiff shall file with the
9circuit clerk an affidavit of the plaintiff or his or her
10attorney stating the last known place of residence or the last
11known business address of the defendant and a certificate of
12mailing a copy of the summons and complaint to the defendant at
13such address as required by this subsection (e). The
14certificate of mailing shall be prima facie evidence that the
15plaintiff or his or her attorney mailed a copy of the summons
16and complaint to the defendant as required. Service of the
17summons shall be deemed to have been made upon the defendant on
18the date it is served upon the Secretary and shall have the
19same force and effect as though summons had been personally
20served upon the defendant within this State.
21    (f) Only causes of action arising from acts enumerated
22herein may be asserted against a defendant in an action in
23which jurisdiction over him or her is based upon subsection
24(a).
25    (g) Nothing herein contained limits or affects the right to
26serve any process in any other manner now or hereafter provided

 

 

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1by law.
2(Source: P.A. 95-865, eff. 8-19-08.)
 
3    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
4    Sec. 2-1401. Relief from judgments.
5    (a) Relief from final orders and judgments, after 30 days
6from the entry thereof, may be had upon petition as provided in
7this Section. Writs of error coram nobis and coram vobis, bills
8of review and bills in the nature of bills of review are
9abolished. All relief heretofore obtainable and the grounds for
10such relief heretofore available, whether by any of the
11foregoing remedies or otherwise, shall be available in every
12case, by proceedings hereunder, regardless of the nature of the
13order or judgment from which relief is sought or of the
14proceedings in which it was entered. Except as provided in
15Section 6 of the Illinois Parentage Act of 2015 1984, there
16shall be no distinction between actions and other proceedings,
17statutory or otherwise, as to availability of relief, grounds
18for relief or the relief obtainable.
19    (b) The petition must be filed in the same proceeding in
20which the order or judgment was entered but is not a
21continuation thereof. The petition must be supported by
22affidavit or other appropriate showing as to matters not of
23record. All parties to the petition shall be notified as
24provided by rule.
25    (c) Except as provided in Section 20b of the Adoption Act

 

 

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1and Section 2-32 of the Juvenile Court Act of 1987 or in a
2petition based upon Section 116-3 of the Code of Criminal
3Procedure of 1963, the petition must be filed not later than 2
4years after the entry of the order or judgment. Time during
5which the person seeking relief is under legal disability or
6duress or the ground for relief is fraudulently concealed shall
7be excluded in computing the period of 2 years.
8    (d) The filing of a petition under this Section does not
9affect the order or judgment, or suspend its operation.
10    (e) Unless lack of jurisdiction affirmatively appears from
11the record proper, the vacation or modification of an order or
12judgment pursuant to the provisions of this Section does not
13affect the right, title or interest in or to any real or
14personal property of any person, not a party to the original
15action, acquired for value after the entry of the order or
16judgment but before the filing of the petition, nor affect any
17right of any person not a party to the original action under
18any certificate of sale issued before the filing of the
19petition, pursuant to a sale based on the order or judgment.
20    (f) Nothing contained in this Section affects any existing
21right to relief from a void order or judgment, or to employ any
22existing method to procure that relief.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    (735 ILCS 5/12-112)  (from Ch. 110, par. 12-112)
25    Sec. 12-112. What liable to enforcement. All the lands,

 

 

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1tenements, real estate, goods and chattels (except such as is
2by law declared to be exempt) of every person against whom any
3judgment has been or shall be hereafter entered in any court,
4for any debt, damages, costs, or other sum of money, shall be
5liable to be sold upon such judgment. Any real property, any
6beneficial interest in a land trust, or any interest in real
7property held in a revocable inter vivos trust or revocable
8inter vivos trusts created for estate planning purposes, held
9in tenancy by the entirety shall not be liable to be sold upon
10judgment entered on or after October 1, 1990 against only one
11of the tenants, except if the property was transferred into
12tenancy by the entirety with the sole intent to avoid the
13payment of debts existing at the time of the transfer beyond
14the transferor's ability to pay those debts as they become due.
15However, any income from such property shall be subject to
16garnishment as provided in Part 7 of this Article XII, whether
17judgment has been entered against one or both of the tenants.
18    If the court authorizes the piercing of the ownership veil
19pursuant to Section 505 of the Illinois Marriage and
20Dissolution of Marriage Act or Section 805 15 of the Illinois
21Parentage Act of 2015 1984, any assets determined to be those
22of the non-custodial parent, although not held in name of the
23non-custodial parent, shall be subject to attachment or other
24provisional remedy in accordance with the procedure prescribed
25by this Code. The court may not authorize attachment of
26property or any other provisional remedy under this paragraph

 

 

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1unless it has obtained jurisdiction over the entity holding
2title to the property by proper service on that entity. With
3respect to assets which are real property, no order entered as
4described in this paragraph shall affect the rights of bona
5fide purchasers, mortgagees, judgment creditors, or other lien
6holders who acquire their interests in the property prior to
7the time a notice of lis pendens pursuant to this Code or a
8copy of the order is placed of record in the office of the
9recorder of deeds for the county in which the real property is
10located.
11    This amendatory Act of 1995 (P.A. 89-438) is declarative of
12existing law.
13    This amendatory Act of 1997 (P.A. 90-514) is intended as a
14clarification of existing law and not as a new enactment.
15(Source: P.A. 96-1145, eff. 1-1-11.)
 
16    (735 ILCS 5/12-819)  (from Ch. 110, par. 12-819)
17    Sec. 12-819. Limitations on part 8 of Article XII. The
18provisions of this Part 8 of Article XII of this Act do not
19apply to orders for withholding of income entered by the court
20under provisions of The Illinois Public Aid Code, the Illinois
21Marriage and Dissolution of Marriage Act, the Non-Support of
22Spouse and Children Act, the Non-Support Punishment Act, the
23Revised Uniform Reciprocal Enforcement of Support Act, the
24Illinois Parentage Act of 1984, and the Illinois Parentage Act
25of 2015 and the Paternity Act for support of a child or

 

 

HB1531- 196 -LRB099 04250 HEP 25224 b

1maintenance of a spouse.
2(Source: P.A. 91-613, eff. 10-1-99.)
 
3    Section 965. The Illinois Wage Assignment Act is amended by
4changing Section 11 as follows:
 
5    (740 ILCS 170/11)  (from Ch. 48, par. 39.12)
6    Sec. 11. The provisions of this Act do not apply to orders
7for withholding of income entered by the court under provisions
8of The Illinois Public Aid Code, the Illinois Marriage and
9Dissolution of Marriage Act, the Non-Support of Spouse and
10Children Act, the Non-Support Punishment Act, the Revised
11Uniform Reciprocal Enforcement of Support Act, the Illinois
12Parentage Act of 1984, and the Illinois Parentage Act of 2015
13and the Paternity Act for support of a child or maintenance of
14a spouse.
15(Source: P.A. 91-613, eff. 10-1-99.)
 
16    Section 966. The Illinois Marriage and Dissolution of
17Marriage Act is amended by changing Section 713 as follows:
 
18    (750 ILCS 5/713)  (from Ch. 40, par. 713)
19    Sec. 713. Attachment of the Body. As used in this Section,
20"obligor" has the same meaning ascribed to such term in the
21Income Withholding for Support Act.
22    (a) In any proceeding to enforce an order for support,

 

 

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1where the obligor has failed to appear in court pursuant to
2order of court and after due notice thereof, the court may
3enter an order for the attachment of the body of the obligor.
4Notices under this Section shall be served upon the obligor by
5any means authorized under subsection (a-5) of Section 505. The
6attachment order shall fix an amount of escrow which is equal
7to a minimum of 20% of the total child support arrearage
8alleged by the obligee in sworn testimony to be due and owing.
9The attachment order shall direct the Sheriff of any county in
10Illinois to take the obligor into custody and shall set the
11number of days following release from custody for a hearing to
12be held at which the obligor must appear, if he is released
13under subsection (b) of this Section.
14    (b) If the obligor is taken into custody, the Sheriff shall
15take the obligor before the court which entered the attachment
16order. However, the Sheriff may release the person after he or
17she has deposited the amount of escrow ordered by the court
18pursuant to local procedures for the posting of bond. The
19Sheriff shall advise the obligor of the hearing date at which
20the obligor is required to appear.
21    (c) Any escrow deposited pursuant to this Section shall be
22transmitted to the Clerk of the Circuit Court for the county in
23which the order for attachment of the body of the obligor was
24entered. Any Clerk who receives money deposited into escrow
25pursuant to this Section shall notify the obligee, public
26office or legal counsel whose name appears on the attachment

 

 

HB1531- 198 -LRB099 04250 HEP 25224 b

1order of the court date at which the obligor is required to
2appear and the amount deposited into escrow. The Clerk shall
3disburse such money to the obligee only under an order from the
4court that entered the attachment order pursuant to this
5Section.
6    (d) Whenever an obligor is taken before the court by the
7Sheriff, or appears in court after the court has ordered the
8attachment of his body, the court shall:
9        (1) hold a hearing on the complaint or petition that
10    gave rise to the attachment order. For purposes of
11    determining arrearages that are due and owing by the
12    obligor, the court shall accept the previous sworn
13    testimony of the obligee as true and the appearance of the
14    obligee shall not be required. The court shall require
15    sworn testimony of the obligor as to the last 4 digits of
16    his or her Social Security number, income, employment, bank
17    accounts, property and any other assets. If there is a
18    dispute as to the total amount of arrearages, the court
19    shall proceed as in any other case as to the undisputed
20    amounts; and
21        (2) order the Clerk of the Circuit Court to disburse to
22    the obligee or public office money held in escrow pursuant
23    to this Section if the court finds that the amount of
24    arrearages exceeds the amount of the escrow. Amounts
25    received by the obligee or public office shall be deducted
26    from the amount of the arrearages.

 

 

HB1531- 199 -LRB099 04250 HEP 25224 b

1    (e) If the obligor fails to appear in court after being
2notified of the court date by the Sheriff upon release from
3custody, the court shall order any monies deposited into escrow
4to be immediately released to the obligee or public office and
5shall proceed under subsection (a) of this Section by entering
6another order for the attachment of the body of the obligor.
7    (f) This Section shall apply to any order for support
8issued under the "Illinois Marriage and Dissolution of Marriage
9Act", approved September 22, 1977, as amended; the Illinois
10Parentage Act of 2015; the "Illinois Parentage Act of 1984",
11effective July 1, 1985, as amended; the "Revised Uniform
12Reciprocal Enforcement of Support Act", approved August 28,
131969, as amended; "The Illinois Public Aid Code", approved
14April 11, 1967, as amended; the Non-Support Punishment Act; and
15the "Non-support of Spouse and Children Act", approved June 8,
161953, as amended.
17    (g) Any escrow established pursuant to this Section for the
18purpose of providing support shall not be subject to fees
19collected by the Clerk of the Circuit Court for any other
20escrow.
21(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
2292-16, eff. 6-28-01.)
 
23    Section 967. The Non-Support Punishment Act is amended by
24changing Section 50 as follows:
 

 

 

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1    (750 ILCS 16/50)
2    Sec. 50. Community service; work alternative program.
3    (a) In addition to any other penalties imposed against an
4offender under this Act, the court may order the offender to
5perform community service for not less than 30 and not more
6than 120 hours per month, if community service is available in
7the jurisdiction and is funded and approved by the county board
8of the county where the offense was committed. In addition,
9whenever any person is placed on supervision for committing an
10offense under this Act, the supervision shall be conditioned on
11the performance of the community service.
12    (b) In addition to any other penalties imposed against an
13offender under this Act, the court may sentence the offender to
14service in a work alternative program administered by the
15sheriff. The conditions of the program are that the offender
16obtain or retain employment and participate in a work
17alternative program administered by the sheriff during
18non-working hours. A person may not be required to participate
19in a work alternative program under this subsection if the
20person is currently participating in a work program pursuant to
21another provision of this Act, Section 10-11.1 of the Illinois
22Public Aid Code, Section 505.1 of the Illinois Marriage and
23Dissolution of Marriage Act, or Section 806 15.1 of the
24Illinois Parentage Act of 2015 1984.
25    (c) In addition to any other penalties imposed against an
26offender under this Act, the court may order, in cases where

 

 

HB1531- 201 -LRB099 04250 HEP 25224 b

1the offender has been in violation of this Act for 90 days or
2more, that the offender's Illinois driving privileges be
3suspended until the court determines that the offender is in
4compliance with this Act.
5    The court may determine that the offender is in compliance
6with this Act if the offender has agreed (i) to pay all
7required amounts of support and maintenance as determined by
8the court or (ii) to the garnishment of his or her income for
9the purpose of paying those amounts.
10    The court may also order that the offender be issued a
11family financial responsibility driving permit that would
12allow limited driving privileges for employment and medical
13purposes in accordance with Section 7-702.1 of the Illinois
14Vehicle Code. The clerk of the circuit court shall certify the
15order suspending the driving privileges of the offender or
16granting the issuance of a family financial responsibility
17driving permit to the Secretary of State on forms prescribed by
18the Secretary. Upon receipt of the authenticated documents, the
19Secretary of State shall suspend the offender's driving
20privileges until further order of the court and shall, if
21ordered by the court, subject to the provisions of Section
227-702.1 of the Illinois Vehicle Code, issue a family financial
23responsibility driving permit to the offender.
24    (d) If the court determines that the offender has been in
25violation of this Act for more than 60 days, the court may
26determine whether the offender has applied for or been issued a

 

 

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1professional license by the Department of Professional
2Regulation or another licensing agency. If the court determines
3that the offender has applied for or been issued such a
4license, the court may certify to the Department of
5Professional Regulation or other licensing agency that the
6offender has been in violation of this Act for more than 60
7days so that the Department or other agency may take
8appropriate steps with respect to the license or application as
9provided in Section 10-65 of the Illinois Administrative
10Procedure Act and Section 2105-15 of the Department of
11Professional Regulation Law of the Civil Administrative Code of
12Illinois. The court may take the actions required under this
13subsection in addition to imposing any other penalty authorized
14under this Act.
15(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
 
16    Section 968. The Uniform Interstate Family Support Act is
17amended by changing Section 102 as follows:
 
18    (750 ILCS 22/102)  (was 750 ILCS 22/101)
19    Sec. 102. Definitions. In this Act:
20    "Child" means an individual, whether over or under the age
21of 18, who is or is alleged to be owed a duty of support by the
22individual's parent or who is or is alleged to be the
23beneficiary of a support order directed to the parent.
24    "Child-support order" means a support order for a child,

 

 

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1including a child who has attained the age of 18.
2    "Duty of support" means an obligation imposed or imposable
3by law to provide support for a child, spouse, or former spouse
4including an unsatisfied obligation to provide support.
5    "Home state" means the state in which a child lived with a
6parent or a person acting as parent for at least 6 consecutive
7months immediately preceding the time of filing of a petition
8or comparable pleading for support, and if a child is less than
96 months old, the state in which the child lived from birth
10with any of them. A period of temporary absence of any of them
11is counted as part of the 6-month or other period.
12    "Income" includes earnings or other periodic entitlements
13to money from any source and any other property subject to
14withholding for support under the law of this State.
15    "Income-withholding order" means an order or other legal
16process directed to an obligor's employer or other debtor, as
17defined by the Illinois Marriage and Dissolution of Marriage
18Act, the Non-Support of Spouse and Children Act, the
19Non-Support Punishment Act, the Illinois Public Aid Code, and
20the Illinois Parentage Act of 2015 1984, to withhold support
21from the income of the obligor.
22    "Initiating state" means a state from which a proceeding is
23forwarded or in which a proceeding is filed for forwarding to a
24responding state under this Act or a law or procedure
25substantially similar to this Act.
26    "Initiating tribunal" means the authorized tribunal in an

 

 

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1initiating state.
2    "Issuing state" means the state in which a tribunal issues
3a support order or renders a judgment determining parentage.
4    "Issuing tribunal" means the tribunal that issues a support
5order or renders a judgment determining parentage.
6    "Obligee" means:
7        (A) an individual to whom a duty of support is or is
8    alleged to be owed or in whose favor a support order has
9    been issued or a judgment determining parentage has been
10    rendered;
11        (B) a state or political subdivision to which the
12    rights under a duty of support or support order have been
13    assigned or which has independent claims based on financial
14    assistance provided to an individual obligee; or
15        (C) an individual seeking a judgment determining
16    parentage of the individual's child.
17    "Obligor" means an individual, or the estate of a decedent:
18            (i) who owes or is alleged to owe a duty of
19        support;
20            (ii) who is alleged but has not been adjudicated to
21        be a parent of a child; or
22            (iii) who is liable under a support order.
23    "Person means an individual, corporation, business trust,
24estate, trust, partnership, limited liability company,
25association, joint venture, government, governmental
26subdivision, agency, instrumentality, public corporation, or

 

 

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1any other legal or commercial entity.
2    "Record" means information that is inscribed on a tangible
3medium or that is stored in an electronic or other medium and
4is retrievable in perceivable form.
5    "Register" means to record a support order or judgment
6determining parentage in the appropriate Registry of Foreign
7Support Orders.
8    "Registering tribunal" means a tribunal in which a support
9order is registered.
10    "Responding state" means a state in which a proceeding is
11filed or to which a proceeding is forwarded for filing from an
12initiating state under this Act or a law or procedure
13substantially similar to this Act.
14    "Responding tribunal" means the authorized tribunal in a
15responding state.
16    "Spousal-support order" means a support order for a spouse
17or former spouse of the obligor.
18    "State" means a state of the United States, the District of
19Columbia, Puerto Rico, the United States Virgin Islands, or any
20territory or insular possession subject to the jurisdiction of
21the United States. The term includes:
22        (A) an Indian tribe; and
23        (B) a foreign country or political subdivision that:
24            (i) has been declared to be a foreign reciprocating
25        country or political subdivision under federal law;
26            (ii) has established a reciprocal arrangement for

 

 

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1        child support with this State as provided in Section
2        308; or
3            (iii) has enacted a law or established procedures
4        for issuance and enforcement of support orders which
5        are substantially similar to the procedures under this
6        Act.
7    "Support enforcement agency" means a public official or
8agency authorized to seek:
9        (A) enforcement of support orders or laws relating to
10    the duty of support;
11        (B) establishment or modification of child support;
12        (C) determination of parentage;
13        (D) to locate obligors or their assets; or
14        (E) determination of the controlling child support
15    order.
16    "Support order" means a judgment, decree, order, or
17directive, whether temporary, final, or subject to
18modification, issued by a tribunal for the benefit of a child,
19a spouse, or a former spouse, which provides for monetary
20support, health care, arrearages, or reimbursement, and may
21include related costs and fees, interest, income withholding,
22attorney's fees, and other relief.
23    "Tribunal" means a court, administrative agency, or
24quasi-judicial entity authorized to establish, enforce, or
25modify support orders or to determine parentage.
26(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised

 

 

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111-26-14.)
 
2    Section 969. The Expedited Child Support Act of 1990 is
3amended by changing Section 6 as follows:
 
4    (750 ILCS 25/6)  (from Ch. 40, par. 2706)
5    Sec. 6. Authority of hearing officers.
6    (a) With the exception of judicial functions exclusively
7retained by the court in Section 8 of this Act and in
8accordance with Supreme Court rules promulgated pursuant to
9this Act, Administrative Hearing Officers shall be authorized
10to:
11        (1) Accept voluntary agreements reached by the parties
12    setting the amount of child support to be paid and medical
13    support liability and recommend the entry of orders
14    incorporating such agreements.
15        (2) Accept voluntary acknowledgments of parentage and
16    recommend entry of an order establishing parentage based on
17    such acknowledgement. Prior to accepting such
18    acknowledgment, the Administrative Hearing Officer shall
19    advise the putative father of his rights and obligations in
20    accordance with Supreme Court rules promulgated pursuant
21    to this Act.
22        (3) Manage all stages of discovery, including setting
23    deadlines by which discovery must be completed; and
24    directing the parties to submit to appropriate tests

 

 

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1    pursuant to Section 11 of the Illinois Parentage Act of
2    2015 1984.
3        (4) Cause notices to be issued requiring the Obligor to
4    appear either before the Administrative Hearing Officer or
5    in court.
6        (5) Administer the oath or affirmation and take
7    testimony under oath or affirmation.
8        (6) Analyze the evidence and prepare written
9    recommendations based on such evidence, including but not
10    limited to: (i) proposed findings as to the amount of the
11    Obligor's income; (ii) proposed findings as to the amount
12    and nature of appropriate deductions from the Obligor's
13    income to determine the Obligor's net income; (iii)
14    proposed findings as to the existence of relevant factors
15    as set forth in subsection (a)(2) of Section 505 of the
16    Illinois Marriage and Dissolution of Marriage Act, which
17    justify setting child support payment levels above or below
18    the guidelines; (iv) recommended orders for temporary
19    child support; (v) recommended orders setting the amount of
20    current child support to be paid; (vi) proposed findings as
21    to the existence and amount of any arrearages; (vii)
22    recommended orders reducing any arrearages to judgement
23    and for the payment of amounts towards such arrearages;
24    (viii) proposed findings as to whether there has been a
25    substantial change of circumstances since the entry of the
26    last child support order, or other circumstances

 

 

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1    justifying a modification of the child support order; and
2    (ix) proposed findings as to whether the Obligor is
3    employed.
4        (7) With respect to any unemployed Obligor who is not
5    making child support payments or is otherwise unable to
6    provide support, recommend that the Obligor be ordered to
7    seek employment and report periodically of his or her
8    efforts in accordance with such order. Additionally, the
9    Administrative Hearing Officer may recommend that the
10    Obligor be ordered to report to the Department of
11    Employment Security for job search services or to make
12    application with the local Job Training Partnership Act
13    provider for participation in job search, training or work
14    programs and, where the duty of support is owed to a child
15    receiving child support enforcement services under Article
16    X of the Illinois Public Aid Code, the Administrative
17    Hearing Officer may recommend that the Obligor be ordered
18    to report to the Department of Healthcare and Family
19    Services for participation in the job search, training or
20    work programs established under Section 9-6 of the Illinois
21    Public Aid Code.
22        (8) Recommend the registration of any foreign support
23    judgments or orders as the judgments or orders of Illinois.
24    (b) In any case in which the Obligee is not participating
25in the IV-D program or has not applied to participate in the
26IV-D program, the Administrative Hearing Officer shall:

 

 

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1        (1) inform the Obligee of the existence of the IV-D
2    program and provide applications on request; and
3        (2) inform the Obligee and the Obligor of the option of
4    requesting payment to be made through the Clerk of the
5    Circuit Court.
6    If a request for payment through the Clerk is made, the
7Administrative Hearing Officer shall note this fact in the
8recommendations to the court.
9    (c) The Administrative Hearing Officer may make
10recommendations in addition to the proposed findings of fact
11and recommended order to which the parties have agreed.
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    Section 970. The Income Withholding for Support Act is
14amended by changing Section 15 as follows:
 
15    (750 ILCS 28/15)
16    Sec. 15. Definitions.
17    (a) "Order for support" means any order of the court which
18provides for periodic payment of funds for the support of a
19child or maintenance of a spouse, whether temporary or final,
20and includes any such order which provides for:
21        (1) modification or resumption of, or payment of
22    arrearage, including interest, accrued under, a previously
23    existing order;
24        (2) reimbursement of support;

 

 

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1        (3) payment or reimbursement of the expenses of
2    pregnancy and delivery (for orders for support entered
3    under the Illinois Parentage Act of 1984 or its predecessor
4    the Paternity Act or under the Illinois Parentage Act of
5    2015); or
6        (4) enrollment in a health insurance plan that is
7    available to the obligor through an employer or labor union
8    or trade union.
9    (b) "Arrearage" means the total amount of unpaid support
10obligations, including interest, as determined by the court and
11incorporated into an order for support.
12    (b-5) "Business day" means a day on which State offices are
13open for regular business.
14    (c) "Delinquency" means any payment, including a payment of
15interest, under an order for support which becomes due and
16remains unpaid after entry of the order for support.
17    (d) "Income" means any form of periodic payment to an
18individual, regardless of source, including, but not limited
19to: wages, salary, commission, compensation as an independent
20contractor, workers' compensation, disability, annuity,
21pension, and retirement benefits, lottery prize awards,
22insurance proceeds, vacation pay, bonuses, profit-sharing
23payments, severance pay, interest, and any other payments, made
24by any person, private entity, federal or state government, any
25unit of local government, school district or any entity created
26by Public Act; however, "income" excludes:

 

 

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1        (1) any amounts required by law to be withheld, other
2    than creditor claims, including, but not limited to,
3    federal, State and local taxes, Social Security and other
4    retirement and disability contributions;
5        (2) union dues;
6        (3) any amounts exempted by the federal Consumer Credit
7    Protection Act;
8        (4) public assistance payments; and
9        (5) unemployment insurance benefits except as provided
10    by law.
11    Any other State or local laws which limit or exempt income
12or the amount or percentage of income that can be withheld
13shall not apply.
14    (e) "Obligor" means the individual who owes a duty to make
15payments under an order for support.
16    (f) "Obligee" means the individual to whom a duty of
17support is owed or the individual's legal representative.
18    (g) "Payor" means any payor of income to an obligor.
19    (h) "Public office" means any elected official or any State
20or local agency which is or may become responsible by law for
21enforcement of, or which is or may become authorized to
22enforce, an order for support, including, but not limited to:
23the Attorney General, the Illinois Department of Healthcare and
24Family Services, the Illinois Department of Human Services, the
25Illinois Department of Children and Family Services, and the
26various State's Attorneys, Clerks of the Circuit Court and

 

 

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1supervisors of general assistance.
2    (i) "Premium" means the dollar amount for which the obligor
3is liable to his employer or labor union or trade union and
4which must be paid to enroll or maintain a child in a health
5insurance plan that is available to the obligor through an
6employer or labor union or trade union.
7    (j) "State Disbursement Unit" means the unit established to
8collect and disburse support payments in accordance with the
9provisions of Section 10-26 of the Illinois Public Aid Code.
10    (k) "Title IV-D Agency" means the agency of this State
11charged by law with the duty to administer the child support
12enforcement program established under Title IV, Part D of the
13Social Security Act and Article X of the Illinois Public Aid
14Code.
15    (l) "Title IV-D case" means a case in which an obligee or
16obligor is receiving child support enforcement services under
17Title IV, Part D of the Social Security Act and Article X of
18the Illinois Public Aid Code.
19    (m) "National Medical Support Notice" means the notice
20required for enforcement of orders for support providing for
21health insurance coverage of a child under Title IV, Part D of
22the Social Security Act, the Employee Retirement Income
23Security Act of 1974, and federal regulations promulgated under
24those Acts.
25    (n) "Employer" means a payor or labor union or trade union
26with an employee group health insurance plan and, for purposes

 

 

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1of the National Medical Support Notice, also includes but is
2not limited to:
3        (1) any State or local governmental agency with a group
4    health plan; and
5        (2) any payor with a group health plan or "church plan"
6    covered under the Employee Retirement Income Security Act
7    of 1974.
8(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685,
9eff. 10-23-07.)
 
10    Section 971. The Gestational Surrogacy Act is amended by
11changing Section 35 as follows:
 
12    (750 ILCS 47/35)
13    Sec. 35. Establishment of the parent-child relationship.
14    (a) For purposes of the Illinois Parentage Act of 2015
151984, a parent-child relationship shall be established prior to
16the birth of a child born through gestational surrogacy if, in
17addition to satisfying the requirements of Articles 2 and 3
18Sections 5 and 6 of the Illinois Parentage Act of 2015 1984,
19the attorneys representing both the gestational surrogate and
20the intended parent or parents certify that the parties entered
21into a gestational surrogacy contract intended to satisfy the
22requirements of Section 25 of this Act with respect to the
23child.
24    (b) The attorneys' certifications required by subsection

 

 

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1(a) of this Section shall be filed on forms prescribed by the
2Illinois Department of Public Health and in a manner consistent
3with the requirement of the Illinois Parentage Act of 2015
41984.
5(Source: P.A. 93-921, eff. 1-1-05.)
 
6    Section 972. The Adoption Act is amended by changing
7Sections 1, 8, 12a, and 18.06 as follows:
 
8    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
9    Sec. 1. Definitions. When used in this Act, unless the
10context otherwise requires:
11    A. "Child" means a person under legal age subject to
12adoption under this Act.
13    B. "Related child" means a child subject to adoption where
14either or both of the adopting parents stands in any of the
15following relationships to the child by blood, marriage,
16adoption, or civil union: parent, grand-parent,
17great-grandparent, brother, sister, step-parent,
18step-grandparent, step-brother, step-sister, uncle, aunt,
19great-uncle, great-aunt, first cousin, or second cousin. A
20person is related to the child as a first cousin or second
21cousin if they are both related to the same ancestor as either
22grandchild or great-grandchild. A child whose parent has
23executed a consent to adoption, a surrender, or a waiver
24pursuant to Section 10 of this Act or whose parent has signed a

 

 

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1denial of paternity pursuant to Section 12 of the Vital Records
2Act or Section 12a of this Act, or whose parent has had his or
3her parental rights terminated, is not a related child to that
4person, unless (1) the consent is determined to be void or is
5void pursuant to subsection O of Section 10 of this Act; or (2)
6the parent of the child executed a consent to adoption by a
7specified person or persons pursuant to subsection A-1 of
8Section 10 of this Act and a court of competent jurisdiction
9finds that such consent is void; or (3) the order terminating
10the parental rights of the parent is vacated by a court of
11competent jurisdiction.
12    C. "Agency" for the purpose of this Act means a public
13child welfare agency or a licensed child welfare agency.
14    D. "Unfit person" means any person whom the court shall
15find to be unfit to have a child, without regard to the
16likelihood that the child will be placed for adoption. The
17grounds of unfitness are any one or more of the following,
18except that a person shall not be considered an unfit person
19for the sole reason that the person has relinquished a child in
20accordance with the Abandoned Newborn Infant Protection Act:
21        (a) Abandonment of the child.
22        (a-1) Abandonment of a newborn infant in a hospital.
23        (a-2) Abandonment of a newborn infant in any setting
24    where the evidence suggests that the parent intended to
25    relinquish his or her parental rights.
26        (b) Failure to maintain a reasonable degree of

 

 

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1    interest, concern or responsibility as to the child's
2    welfare.