HB1531 EngrossedLRB099 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; or
5        (2) a man whose parental rights have been terminated or
6    declared not to exist.
7    (d) (Reserved).
8    (e) "Child" means an individual of any age whose parentage
9may be established under this Act.
10    (f) "Combined paternity index" means the likelihood of
11paternity calculated by computing the ratio between:
12        (1) the likelihood that the tested man is the father,
13    based on the genetic markers of the tested man, mother, and
14    child, conditioned on the hypothesis that the tested man is
15    the father of the child; and
16        (2) the likelihood that the tested man is not the
17    father, based on the genetic markers of the tested man,
18    mother, and child, conditioned on the hypothesis that the
19    tested man is not the father of the child and that the
20    father is of the same ethnic or racial group as the tested
21    man.
22    (g) "Commence" means to file the initial pleading seeking
23an adjudication of parentage in the circuit court of this
24State.
25    (h) "Determination of parentage" means the establishment
26of the parent-child relationship by the signing of a voluntary

 

 

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1acknowledgment under Article 3 of this Act or adjudication by
2the court or as authorized under Article X of the Illinois
3Public Aid Code.
4    (i) (Reserved).
5    (j) "Ethnic or racial group" means, for purposes of genetic
6testing, a recognized group that an individual identifies as
7all or part of the individual's ancestry or that is so
8identified by other information.
9    (k) "Gamete" means either a sperm or an egg.
10    (l) "Genetic testing" means an analysis of genetic markers
11to exclude or identify a man as the father or a woman as the
12mother of a child as provided in Article 4 of this Act.
13    (m) "Gestational mother" means an adult woman who gives
14birth to a child pursuant to the terms of a valid gestational
15surrogacy contract.
16    (n) "Parent" means an individual who has established a
17parent-child relationship under Section 201 of this Act.
18    (o) "Parent-child relationship" means the legal
19relationship between a child and a parent of the child.
20    (p) "Presumed parent" means an individual who, by operation
21of law under Section 204 of this Act, is recognized as the
22parent of a child until that status is rebutted or confirmed in
23a judicial or administrative proceeding.
24    (q) "Probability of paternity" means the measure, for the
25ethnic or racial group to which the alleged father belongs, of
26the probability that the man in question is the father of the

 

 

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1child, compared with a random, unrelated man of the same ethnic
2or racial group, expressed as a percentage incorporating the
3combined paternity index and a prior probability.
4    (r) "Record" means information that is inscribed on a
5tangible medium or that is stored in an electronic or other
6medium and is retrievable in perceivable form.
7    (s) "Signatory" means an individual who authenticates a
8record and is bound by its terms.
9    (t) "State" means a state of the United States, the
10District of Columbia, Puerto Rico, the United States Virgin
11Islands, or any territory or insular possession subject to the
12jurisdiction of the United States.
13    (u) "Substantially similar legal relationship" means a
14relationship recognized in this State under Section 60 of the
15Illinois Religious Freedom Protection and Civil Union Act.
16    (v) "Support-enforcement agency" means a public official
17or agency authorized to seek:
18        (1) enforcement of support orders or laws relating to
19    the duty of support;
20        (2) establishment or modification of child support;
21        (3) determination of parentage; or
22        (4) location of child-support obligors and their
23    income and assets.
 
24    Section 104. Scope of Act; choice of law; other legal
25rights and duties preserved.

 

 

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1    (a) This Act applies to determination of parentage in this
2State.
3    (b) The court shall apply the law of this State to
4adjudicate the parent-child relationship. The applicable law
5does not depend on:
6        (1) the place of birth of the child; or
7        (2) the past or present residence of the child.
8    (c) This Act does not create, enlarge, abrogate, or
9diminish parental rights or duties under other laws of this
10State, including the common law.
 
11    Section 105. Authority to establish parentage. The circuit
12courts are authorized to establish parentage under this Act.
13The Department of Healthcare and Family Services may make
14administrative determinations of paternity and nonpaternity in
15accordance with Section 10-17.7 of the Illinois Public Aid
16Code. Such administrative determinations shall have the full
17force and effect of court judgments entered under this Act.
 
18    Section 106. Protection of participants. Proceedings under
19this Act are subject to other law of this State governing the
20health, safety, privacy, and liberty of a child or other
21individual who could be jeopardized by disclosure of
22identifying information, including address, telephone number,
23place of employment, social security number, and the child's
24day-care facility and school.
 

 

 

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1    Section 107. Applicability. Insofar as practicable, the
2provisions of this Act applicable to the father and child
3relationship shall apply to the mother and child relationship
4including, but not limited to, the obligation to support.
 
5
ARTICLE 2. PARENT-CHILD RELATIONSHIP

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

 

 

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

 

 

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

 

 

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1    mother have entered into a marriage, civil union, or
2    substantially similar legal relationship, even if the
3    marriage, civil union, or substantially similar legal
4    relationship is or could be declared invalid, and the
5    person is named, with the person's written consent, as the
6    child's parent on the child's birth certificate.
7    (b) If 2 or more conflicting presumptions arise under this
8Section, the presumption which on the facts is founded on the
9weightier considerations of policy and logic, especially the
10policy of promoting the child's best interests, controls.
 
11    Section 205. Proceedings to declare the non-existence of
12the parent-child relationship.
13    (a) An action to declare the non-existence of the
14parent-child relationship may be brought by the child, the
15birth mother, or a person presumed to be a parent under Section
16204 of this Act. Actions brought by the child, the birth
17mother, or a presumed parent shall be brought by verified
18complaint, which shall be designated a petition. After a
19presumption under Section 204 of this Act has been rebutted,
20parentage of the child by another man or woman may be
21established in the same action, if he or she has been made a
22party.
23    (b) An action to declare the non-existence of the
24parent-child relationship brought under subsection (a) of this
25Section shall be barred if brought later than 2 years after the

 

 

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

 

 

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

 
10    Section 301. Voluntary acknowledgment. A parent-child
11relationship may be established voluntarily by the signing and
12witnessing of a voluntary acknowledgment in accordance with
13Section 12 of the Vital Records Act and Section 10-17.7 of the
14Illinois Public Aid Code. The voluntary acknowledgment shall
15contain the last four digits of the social security numbers of
16the persons signing the voluntary acknowledgment; however,
17failure to include the social security numbers of the persons
18signing a voluntary acknowledgment does not invalidate the
19voluntary acknowledgment.
 
20    Section 302. Execution of voluntary acknowledgment.
21    (a) A voluntary acknowledgment described in Section 301 of
22this Act must:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1mistake of fact by filing a verified petition under this
2Section within 2 years after the effective date of the
3acknowledgment or denial, as provided in Section 304 of this
4Act. Time during which the person challenging the
5acknowledgment or denial is under legal disability or duress or
6the ground for relief is fraudulently concealed shall be
7excluded in computing the period of 2 years.
8    (b) The verified complaint, which shall be designated a
9petition, shall be filed in the county where a proceeding
10relating to the child was brought, such as a support proceeding
11or, if none exists, in the county where the child resides.
12Every signatory to the voluntary acknowledgment and any related
13denial must be made a party to a proceeding to challenge the
14acknowledgment or denial. The party challenging the
15acknowledgment or denial shall have the burden of proof. The
16burden of proof to challenge a voluntary acknowledgment is
17clear and convincing evidence.
18    (c) For the purpose of a challenge to an acknowledgment or
19denial, a signatory submits to personal jurisdiction of this
20State by signing the acknowledgment and any related denial,
21effective upon the filing of the acknowledgment and any related
22denial with the Department of Healthcare and Family Services,
23as provided in Section 12 of the Vital Records Act.
24    (d) Except for good cause shown, during the pendency of a
25proceeding to challenge an acknowledgment or denial, the court
26may not suspend the legal responsibilities of a signatory

 

 

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

 

 

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

 
17    Section 401. Proceeding authorized. As soon as
18practicable, a court or an administrative hearing officer in an
19Expedited Child Support System may, and upon the request of a
20party except as provided in Section 610 of this Act, or of the
21child, shall order or direct the mother, child, and alleged
22father to submit to deoxyribonucleic acid (DNA) testing to

 

 

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

 

 

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1cells, bone, hair, or other body tissue or fluid.
2    (d) The testing laboratory shall determine the databases
3from which to select frequencies for use in calculation of the
4probability of paternity based on the ethnic or racial group of
5an individual or individuals. If there is disagreement as to
6the testing laboratory's choice, the following rules apply:
7        (1) The individual objecting may require the testing
8    laboratory, within 30 days after receipt of the report of
9    the genetic testing, to recalculate the probability of
10    paternity using an ethnic or racial group different from
11    that used by the laboratory.
12        (2) The individual objecting to the testing
13    laboratory's initial choice shall:
14            (A) if the frequencies are not available to the
15        testing laboratory for the ethnic or racial group
16        requested, provide the requested frequencies compiled
17        in a manner recognized by accrediting bodies; or
18            (B) engage another testing laboratory to perform
19        the calculations.
20    (e) If, after recalculation using a different ethnic or
21racial group, genetic testing does not reputably identify a man
22as the father of a child, an individual who has been tested may
23be required to submit to additional genetic testing.
 
24    Section 403. Genetic test results.
25    (a) The expert shall prepare a written report of the

 

 

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1genetic test results. If the genetic test results show that the
2alleged father is not excluded, the report shall contain
3statistics based upon the statistical formula of combined
4paternity index (CPI) and the probability of paternity as
5determined by the probability of exclusion (Random Man Not
6Excluded = RMNE). The expert may be called by the court as a
7witness to testify to his or her findings and, if called, shall
8be subject to cross-examination by the parties. If the genetic
9test results show that the alleged father is not excluded, any
10party may demand that other experts, qualified as examiners of
11blood or tissue types, perform independent genetic testing
12under order of court, including, but not limited to, blood
13types or other testing of genetic markers. The results of the
14genetic testing may be offered into evidence. The number and
15qualifications of the experts shall be determined by the court.
16    (b) Documentation of the chain of custody of the blood or
17tissue samples, accompanied by an affidavit or certification in
18accordance with Section 1-109 of the Code of Civil Procedure,
19is competent evidence to establish the chain of custody.
20    (c) The report of the genetic test results prepared by the
21appointed expert shall be made by affidavit or by certification
22as provided in Section 1-109 of the Code of Civil Procedure and
23shall be mailed to all parties. A proof of service shall be
24filed with the court. The verified report shall be admitted
25into evidence at trial without foundation testimony or other
26proof of authenticity or accuracy, unless a written motion

 

 

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1challenging the admissibility of the report is filed by either
2party within 28 days of receipt of the report, in which case
3expert testimony shall be required. A party may not file such a
4motion challenging the admissibility of the report later than
528 days before commencement of trial. Before trial, the court
6shall determine whether the motion is sufficient to deny
7admission of the report by verification. Failure to make that
8timely motion constitutes a waiver of the right to object to
9admission by verification and shall not be grounds for a
10continuance of the hearing to establish paternity.
 
11    Section 404. Effect of genetic testing. Genetic testing
12taken under this Article shall have the following effect:
13    (a) If the court finds that the conclusion of the expert or
14experts, as disclosed by the evidence based upon the genetic
15testing, is that the alleged father is not the parent of the
16child, the question of paternity shall be resolved accordingly.
17    (b) If the experts disagree in their findings or
18conclusions, the question shall be weighed with other competent
19evidence of paternity.
20    (c) If the genetic testing results indicate that the
21alleged father is not excluded and that the combined paternity
22index is at least 1,000 to 1, and there is at least a 99.9%
23probability of paternity, the alleged father is presumed to be
24the father, and this evidence shall be admitted.
25    (d) A man identified under subsection (c) of this Section

 

 

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

 

 

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

 

 

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1considers to be just, the court may order the following
2individuals to submit specimens for genetic testing:
3        (1) the parents of the man;
4        (2) brothers and sisters of the man;
5        (3) other children of the man and their mothers; and
6        (4) other relatives of the man necessary to complete
7    genetic testing.
8    (b) Issuance of an order under this Section requires a
9finding that a need for genetic testing outweighs the
10legitimate interests of the individual sought to be tested, and
11in no event shall an order be issued until the individual is
12joined as a party and given notice as required under the Code
13of Civil Procedure.
 
14
ARTICLE 5. TEMPORARY RELIEF

 
15    Section 501. Temporary orders.
16    (a) On a motion by a party and a showing of clear and
17convincing evidence of parentage, the court shall issue a
18temporary order for support of a child if the order is
19appropriate and the individual ordered to pay support is:
20        (1) a presumed parent of the child;
21        (2) petitioning to have parentage adjudicated;
22        (3) identified as the father through genetic testing
23    under Article 4 of this Act;
24        (4) an alleged father who has declined to submit to

 

 

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

 

 

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

 

 

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

 
16    Section 601. Proceeding authorized. A civil proceeding may
17be maintained to adjudicate the parentage of a child. The
18proceeding is governed by the Code of Civil Procedure and
19Illinois Supreme Court Rules. Administrative proceedings
20adjudicating paternity shall be governed by Section 10-17.7 of
21the Illinois Public Aid Code.
 
22    Section 602. Standing. A complaint to adjudicate parentage
23shall be verified, shall be designated a petition, and shall

 

 

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

 

 

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1    Section 603. Subject matter and personal jurisdiction.
2    (a) The circuit courts of this State shall have
3jurisdiction of an action brought under this Act. In a civil
4action not brought under this Act, the provisions of this Act
5shall apply if parentage is at issue. The court may join any
6action under this Act with any other civil action in which this
7Act is applicable.
8    (b) An individual may not be adjudicated to be a parent
9unless the court has personal jurisdiction over the individual.
10    (c) A court of this State having jurisdiction to adjudicate
11parentage may exercise personal jurisdiction over a
12nonresident individual, or the guardian or conservator of the
13individual, if the conditions prescribed in Section 201 of the
14Uniform Interstate Family Support Act are fulfilled.
15    (d) Lack of jurisdiction over one individual does not
16preclude the court from making an adjudication of parentage
17binding on another individual over whom the court has personal
18jurisdiction.
 
19    Section 604. Venue.
20    (a) Venue for a proceeding to adjudicate parentage is any
21county of this State in which a party resides, or if the
22presumed or alleged father is deceased, in which a proceeding
23for probate or administration of the presumed or alleged
24father's estate has been commenced, or could be commenced.

 

 

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

 

 

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1    be attached to the original notice.
2        (3) The return receipt, when returned to the clerk of
3    the circuit court, shall be attached to the original notice
4    and shall constitute proof of service.
5        (4) The clerk of the circuit court shall note the fact
6    of service in a permanent record.
7    (b) The notice shall read as follows:
8    "IN THE MATTER OF NOTICE TO .......... PRESUMED PARENT.
9    You have been identified as the presumed parent of
10......... , born on ......... The birth parent of the child is
11.........
12    An action is being brought to establish the parent-child
13relationship between the named child and a parent named by the
14person filing this action, .........
15    As the presumed parent, you have certain legal rights with
16respect to the named child, including the right to notice of
17the filing of proceedings instituted for the establishment of
18parentage of the named child and, if named as a parent in a
19petition to establish parentage, the right to submit to, along
20with the birth parent and child, deoxyribonucleic acid (DNA)
21tests to determine inherited characteristics, subject to
22Section 610 of the Illinois Parentage Act of 2015. If you wish
23to assert your rights with respect to the child named in this
24notice, you must file with the Clerk of this Circuit Court of
25......... County, Illinois, whose address is ........ , within
2630 days after the date of receipt of this notice, a declaration

 

 

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1of parentage stating that you are, in fact, the parent of the
2named child and that you intend to assert your legal rights
3with respect to the child, or that you request to be notified
4of any further proceedings with respect to the parentage of the
5child.
6    If you do not file a declaration of parentage or a request
7for notice, then whatever legal rights you have with respect to
8the named child, including the right to notice of any future
9proceedings for the establishment of parentage of the child,
10may be terminated without any further notice to you. When your
11legal rights with respect to the named child are terminated,
12you will not be entitled to notice of any future proceedings.".
13    (c) The notice to a presumed parent under this Section in
14any action brought by a public agency shall be prepared and
15mailed by the public agency, and the mailing fee to the clerk
16of the circuit court shall be waived.
 
17    Section 606. Summons. The summons that is served on a
18respondent shall include the return date on or by which the
19respondent must appear and shall contain the following
20information, in a prominent place and in conspicuous language,
21in addition to the information required to be provided under
22the laws of this State: "If you do not appear as instructed in
23this summons, you may be required to support the child named in
24this petition until the child is at least 18 years old. You may
25also have to pay the pregnancy and delivery costs of the

 

 

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1mother.".
 
2    Section 607. No limitation; child having no presumed,
3acknowledged, or adjudicated parent. A proceeding to
4adjudicate the parentage of a child having no presumed,
5acknowledged, or adjudicated parent may be commenced at any
6time, even after:
7    (a) the child becomes an adult, but only if the child
8initiates the proceeding; or
9    (b) an earlier proceeding to adjudicate parentage has been
10dismissed based on the application of a statute of limitations
11then in effect.
 
12    Section 608. Limitation; child having presumed parent.
13    (a) An alleged father, as that term is defined in Section
14103 of this Act, must commence an action to establish a
15parent-child relationship for a child having a presumed parent
16not later than 2 years after the petitioner knew or should have
17known of the relevant facts. The time the petitioner is under
18legal disability or duress or the ground for relief is
19fraudulently concealed shall be excluded in computing the
20period of 2 years.
21    (b) A proceeding seeking to declare the non-existence of
22the parent-child relationship between a child and the child's
23presumed father may be maintained at any time by a person
24described in paragraphs (1) through (4) of subsection (a) of

 

 

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1Section 204 of this Act if the court determines that the
2presumed father and the mother of the child neither cohabited
3nor engaged in sexual intercourse with each other during the
4probable time of conception.
5    (c) An adjudication under this Section shall serve as a
6rebuttal or confirmation of a presumed parent as defined in
7subsection (p) of Section 103.
 
8    Section 609. Limitation; child having acknowledged or
9adjudicated parent.
10    (a) If a child has an acknowledged parent, a signatory to
11the acknowledgment described in Section 301 of this Act or
12related denial may commence a proceeding seeking to challenge
13the acknowledgment or denial or challenge the paternity of the
14child only within the time allowed under Section 309 of this
15Act.
16    (b) If a child has an acknowledged parent or an adjudicated
17parent, an individual, other than the child, who is neither a
18signatory to the acknowledgment nor a party to the adjudication
19and who seeks an adjudication of parentage of the child must
20commence a proceeding not later than 2 years after the
21effective date of the acknowledgment or adjudication.
22    (c) A proceeding under this Section is subject to the
23application of the principles of estoppel established in
24Section 610 of this Act.
 

 

 

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

 

 

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

 

 

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1presumed parent to be the parent of the child.
 
2    Section 611. Joinder of proceedings.
3    (a) Except as otherwise provided in subsection (b), a
4proceeding to adjudicate parentage may be joined with a
5proceeding for adoption, termination of parental rights, child
6custody or parenting time, child support, dissolution of
7marriage or civil union, declaration of invalidity of marriage
8or civil union, legal separation, probate or administration of
9an estate, or other appropriate proceeding.
10    (b) A respondent may not join a proceeding described in
11subsection (a) with a proceeding to adjudicate parentage
12brought under the Uniform Interstate Family Support Act.
 
13    Section 612. Proceeding before birth. A proceeding to
14establish parentage may be commenced before the birth of the
15child, but may not be concluded until after the birth of the
16child. The following actions may be taken before the birth of
17the child:
18    (a) service of process;
19    (b) the taking of depositions to perpetuate testimony; and
20    (c) except as prohibited by Article 4 of this Act,
21collection of specimens for genetic testing.
 
22    Section 613. Child as party; representation.
23    (a) A minor child is a permissible party, but is not a

 

 

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1necessary party to a proceeding under this Article.
2    (b) The court shall appoint a guardian ad litem, child's
3representative, or attorney for the child to represent a minor
4or incapacitated child if the child is a party or the court
5finds that the interests of the child are not adequately
6represented.
 
7    Section 614. Admissibility of results of genetic testing;
8expenses.
9    (a) If a child has a presumed, acknowledged, or adjudicated
10parent, the results of genetic testing are inadmissible to
11adjudicate parentage unless performed:
12        (1) with the consent of both the mother and the
13    presumed, acknowledged, or adjudicated parent; or
14        (2) pursuant to an order of the court under Section 402
15    of this Act.
16    (b) Copies of bills for genetic testing and for prenatal
17and postnatal health care for the mother and child which are
18furnished to the adverse party not less than 10 days before the
19date of a hearing are admissible to establish:
20        (1) the amount of the charges billed; and
21        (2) that the charges were reasonable, necessary, and
22    customary.
23    (c) Certified copies of the bills for costs incurred for
24pregnancy and childbirth shall be admitted into evidence at
25judicial or administrative proceedings without foundation

 

 

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1testimony or other proof of authenticity or accuracy.
 
2    Section 615. Consequences of declining genetic testing.
3    (a) An order for genetic testing is enforceable through a
4proceeding for adjudication of contempt.
5    (b) If an individual whose parentage is being determined
6declines to submit to genetic testing ordered by the court or
7administrative agency, the court or administrative agency may
8adjudicate parentage contrary to the position of that
9individual.
10    (c) Genetic testing of the mother of a child is not a
11condition precedent to genetically testing the child and a man
12whose paternity is being determined. If the mother is
13unavailable or declines to submit to genetic testing, the court
14or administrative agency may order the genetic testing of the
15child and every man whose paternity is being adjudicated.
 
16    Section 616. Admission of parentage authorized.
17    (a) A respondent in a proceeding to adjudicate parentage
18may admit to the parentage of a child by filing a pleading to
19that effect or by admitting parentage under penalty of perjury
20when making an appearance or during a hearing.
21    (b) If the court finds that the admission of parentage
22satisfies the requirements of this Section and finds that there
23is no reason to question the admission, the court shall enter
24an order adjudicating the child to be the child of the person

 

 

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1admitting parentage.
 
2    Section 617. Rules for adjudication of parentage. The court
3shall apply the following rules to adjudicate the parentage of
4a child:
5    (a) The parentage of a child having an adjudicated parent
6may be disproved only by admissible results of genetic testing,
7or other means, excluding that person as the parent of the
8child or identifying another person as the parent of the child.
9    (b) Unless the results of the genetic testing or other
10evidence are admitted to rebut other results of genetic
11testing, a person identified as the parent of a child under
12Section 404 of this Act may be adjudicated the parent of the
13child.
14    (c) If the court finds that genetic testing under Section
15404 neither identifies nor excludes a person as the parent of a
16child, the court may not dismiss the proceeding. In that event,
17the results of genetic testing and other evidence are
18admissible to adjudicate the issue of parentage.
19    (d) Unless the results of genetic testing are admitted to
20rebut other results of genetic testing, a person excluded as
21the parent of a child by genetic testing may be adjudicated not
22to be the parent of the child.
 
23    Section 618. Pre-trial proceedings. As soon as practicable
24after an action to declare the existence or non-existence of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 
13
ARTICLE 8. SUPPORT AND JUDGMENT

 
14    Section 801. Child support orders.
15    (a) Notwithstanding any other law to the contrary, pending
16the outcome of a judicial determination of parentage, the court
17shall issue an order for child support upon motion by a party
18and a showing of clear and convincing evidence of parentage. In
19determining the amount of the child support award, the court
20shall use the guidelines and standards set forth in Sections
21505 and 505.2 of the Illinois Marriage and Dissolution of
22Marriage Act.
23    (b) Any new or existing support order entered by the court

 

 

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1under this Section shall be deemed to be a series of judgments
2against the person obligated to pay support thereunder, each
3judgment to be in the amount of each payment or installment of
4support and each judgment to be deemed entered as of the date
5the corresponding payment or installment becomes due under the
6terms of the support order. Each judgment shall have the full
7force, effect, and attributes of any other judgment of this
8State, including the ability to be enforced. A judgment under
9this Section is subject to modification or termination only in
10accordance with Section 510 of the Illinois Marriage and
11Dissolution of Marriage Act. Notwithstanding any other state or
12local law to the contrary, a lien arises by operation of law
13against the real and personal property of the noncustodial
14parent for each installment of overdue support owed by the
15noncustodial parent.
16    (c) An order for support, when entered or modified, shall
17include a provision requiring the non-custodial parent to
18notify the court and, in cases in which a party is receiving
19child support enforcement services under Article X of the
20Illinois Public Aid Code, the Department of Healthcare and
21Family Services, within 7 days: (i) of the name and address of
22any new employer of the non-custodial parent; (ii) whether the
23non-custodial parent has access to health insurance coverage
24through the employer or other group coverage and, if so, of the
25policy name and number and the names of adults and initials of
26minors covered under the policy; and (iii) of any new

 

 

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1residential or mailing address or telephone number of the
2non-custodial parent. In any subsequent action to enforce a
3support order, upon a sufficient showing that a diligent effort
4has been made to ascertain the location of the non-custodial
5parent, service of process or provision of notice necessary in
6the case may be made at the last known address of the
7non-custodial parent in any manner expressly provided by this
8Act or the Code of Civil Procedure, and shall be sufficient for
9purposes of due process.
10    (d) An order for support shall include a date on which the
11current support obligation terminates. The termination date
12shall be no earlier than the date on which the child covered by
13the order will attain the age of 18. However, if the child will
14not graduate from high school until after attaining the age of
1518, then the termination date shall be no earlier than the
16earlier of the date on which the child's high school graduation
17will occur or the date on which the child will attain the age
18of 19. The order for support shall state that the termination
19date does not apply to any arrearage that may remain unpaid on
20that date. Nothing in this subsection shall be construed to
21prevent the court from modifying the order or terminating the
22order in the event the child is otherwise emancipated.
23    (e) If there is an unpaid arrearage or delinquency (as
24those terms are defined in the Income Withholding for Support
25Act) equal to at least one month's support obligation on the
26termination date stated in the order for support or, if there

 

 

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1is no termination date stated in the order, on the date the
2child attains the age of majority or is otherwise emancipated,
3the periodic amount required to be paid for current support of
4that child immediately prior to that date shall automatically
5continue to be an obligation, not as current support but as
6periodic payment toward satisfaction of the unpaid arrearage or
7delinquency. The periodic payment shall be in addition to any
8periodic payment previously required for satisfaction of the
9arrearage or delinquency. The total periodic amount to be paid
10toward satisfaction of the arrearage or delinquency may be
11enforced and collected by any method provided by law for the
12enforcement and collection of child support including, but not
13limited to, income withholding under the Income Withholding for
14Support Act. Each order for support entered or modified must
15contain a statement notifying the parties of the requirements
16of this subsection. Failure to include the statement in the
17order for support does not affect the validity of the order or
18the operation of the provisions of this subsection with regard
19to the order. This subsection shall not be construed to prevent
20or affect the establishment or modification of an order for the
21support of a minor child or the establishment or modification
22of an order for the support of a non-minor child or educational
23expenses under Section 513 of the Illinois Marriage and
24Dissolution of Marriage Act.
25    (f) An order entered under this Section shall include a
26provision requiring the obligor to report to the obligee and to

 

 

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1the clerk of the circuit court within 7 days each time the
2obligor obtains new employment, and each time the obligor's
3employment is terminated for any reason. The report shall be in
4writing and shall, in the case of new employment, include the
5name and address of the new employer. Failure to report new
6employment or the termination of current employment, if coupled
7with nonpayment of support for a period in excess of 60 days,
8is indirect criminal contempt. For an obligor arrested for
9failure to report new employment, bond shall be set in the
10amount of the child support that should have been paid during
11the period of unreported employment. An order entered under
12this Section shall also include a provision requiring the
13obligor and obligee parents to advise each other of a change in
14residence within 5 days of the change except when the court
15finds that the physical, mental, or emotional health of a party
16or that of a minor child, or both, would be seriously
17endangered by disclosure of the party's address.
 
18    Section 802. Judgment.
19    (a) The court shall issue an order adjudicating whether a
20person alleged or claiming to be the parent is the parent of
21the child. An order adjudicating parentage must identify the
22child by initials and year of birth.
23    The court may assess filing fees, reasonable attorney's
24fees, fees for genetic testing, other costs, necessary travel
25expenses, and other reasonable expenses incurred in a

 

 

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1proceeding under this Act. The court may award attorney's fees,
2which may be paid directly to the attorney, who may enforce the
3order in the attorney's own name. The court may not assess
4fees, costs, or expenses against the support-enforcement
5agency of this State or another state, except as provided by
6other law.
7    The judgment shall contain or explicitly reserve
8provisions concerning any duty and amount of child support and
9may contain provisions concerning the custody and guardianship
10of the child, parenting time privileges with the child, and the
11furnishing of bond or other security for the payment of the
12judgment, which the court shall determine in accordance with
13the relevant factors set forth in the Illinois Marriage and
14Dissolution of Marriage Act and any other applicable law of
15this State, to guide the court in a finding in the best
16interests of the child. In determining custody, joint custody,
17removal, parenting time, parenting time interference, support
18for a non-minor disabled child, educational expenses for a
19non-minor child, and related post-judgment issues, the court
20shall apply the relevant standards of the Illinois Marriage and
21Dissolution of Marriage Act. Specifically, in determining the
22amount of a child support award, the court shall use the
23guidelines and standards set forth in subsection (a) of Section
24505 and in Section 505.2 of the Illinois Marriage and
25Dissolution of Marriage Act. The court shall order all child
26support payments, determined in accordance with such

 

 

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1guidelines, to commence with the date summons is served. The
2level of current periodic support payments shall not be reduced
3because of payments set for the period prior to the date of
4entry of the support order.
5    (b) In an action brought within 2 years after a child's
6birth, the judgment or order may direct either parent to pay
7the reasonable expenses incurred by either parent or the
8Department of Healthcare and Family Services related to the
9mother's pregnancy and the delivery of the child.
10    (c) If a judgment of parentage contains no explicit award
11of custody, the establishment of a child support obligation or
12of parenting time rights in one parent shall be considered a
13judgment granting custody to the other parent. If the parentage
14judgment contains no such provisions, custody shall be presumed
15to be with the mother; however, the presumption shall not apply
16if the father has had physical custody for at least 6 months
17prior to the date that the mother seeks to enforce custodial
18rights.
19    (d) The court, if necessary to protect and promote the best
20interests of the child, may set aside a portion of the
21separately held estates of the parties in a separate fund or
22trust for the support, education, physical and mental health,
23and general welfare of a minor or mentally or physically
24disabled child of the parties.
25    (e) The court may order child support payments to be made
26for a period prior to the commencement of the action. In

 

 

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1determining whether and to what extent the payments shall be
2made for the prior period, the court shall consider all
3relevant facts, including but not limited to:
4        (1) The factors for determining the amount of support
5    specified in the Illinois Marriage and Dissolution of
6    Marriage Act.
7        (2) The father's prior knowledge of the fact and
8    circumstances of the child's birth.
9        (3) The father's prior willingness or refusal to help
10    raise or support the child.
11        (4) The extent to which the mother or the public agency
12    bringing the action previously informed the father of the
13    child's needs or attempted to seek or require his help in
14    raising or supporting the child.
15        (5) The reasons the mother or the public agency did not
16    file the action earlier.
17        (6) The extent to which the father would be prejudiced
18    by the delay in bringing the action.
19    For purposes of determining the amount of child support to
20be paid for the period before the date the order for current
21child support is entered, there is a rebuttable presumption
22that the father's net income for the prior period was the same
23as his net income at the time the order for current child
24support is entered.
25    If (i) the non-custodial parent was properly served with a
26request for discovery of financial information relating to the

 

 

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1non-custodial parent's ability to provide child support; (ii)
2the non-custodial parent failed to comply with the request,
3despite having been ordered to do so by the court; and (iii)
4the non-custodial parent is not present at the hearing to
5determine support despite having received proper notice, then
6any relevant financial information concerning the
7non-custodial parent's ability to provide child support that
8was obtained pursuant to subpoena and proper notice shall be
9admitted into evidence without the need to establish any
10further foundation for its admission.
11    (f) A new or existing support order entered by the court
12under this Section shall be deemed to be a series of judgments
13against the person obligated to pay support thereunder, each
14judgment to be in the amount of each payment or installment of
15support and each judgment to be deemed entered as of the date
16the corresponding payment or installment becomes due under the
17terms of the support order. Each judgment shall have the full
18force, effect, and attributes of any other judgment of this
19State, including the ability to be enforced. A judgment under
20this Section is subject to modification or termination only in
21accordance with Section 510 of the Illinois Marriage and
22Dissolution of Marriage Act. Notwithstanding any State or local
23law to the contrary, a lien arises by operation of law against
24the real and personal property of the noncustodial parent for
25each installment of overdue support owed by the noncustodial
26parent.

 

 

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1    (g) If the judgment or order of the court is at variance
2with the child's birth certificate, the court shall order that
3a new birth certificate be issued under the Vital Records Act.
4    (h) On the request of both parents, the court shall order a
5change in the child's name.
6    (i) After hearing evidence, the court may stay payment of
7support during the period of the father's minority or period of
8disability.
9    (j) If, upon a showing of proper service, the father fails
10to appear in court or otherwise appear as provided by law, the
11court may proceed to hear the cause upon testimony of the
12mother or other parties taken in open court and shall enter a
13judgment by default. The court may reserve any order as to the
14amount of child support until the father has received notice,
15by regular mail, of a hearing on the matter.
16    (k) An order for support, when entered or modified, shall
17include a provision requiring the non-custodial parent to
18notify the court and, in cases in which a party is receiving
19child support enforcement services under Article X of the
20Illinois Public Aid Code, the Department of Healthcare and
21Family Services, within 7 days: (i) of the name and address of
22any new employer of the non-custodial parent; (ii) whether the
23non-custodial parent has access to health insurance coverage
24through the employer or other group coverage and, if so, of the
25policy name and number and the names of adults and initials of
26minors covered under the policy; and (iii) of any new

 

 

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1residential or mailing address or telephone number of the
2non-custodial parent. In a subsequent action to enforce a
3support order, upon a sufficient showing that a diligent effort
4has been made to ascertain the location of the non-custodial
5parent, service of process or provision of notice necessary in
6the case may be made at the last known address of the
7non-custodial parent in any manner expressly provided by this
8Act or the Code of Civil Procedure, and shall be sufficient for
9purposes of due process.
10    (l) An order for support shall include a date on which the
11current support obligation terminates. The termination date
12shall be no earlier than the date on which the child covered by
13the order will attain the age of 18. However, if the child will
14not graduate from high school until after attaining the age of
1518, then the termination date shall be no earlier than the
16earlier of the date on which the child's high school graduation
17will occur or the date on which the child will attain the age
18of 19. The order for support shall state that the termination
19date does not apply to any arrearage that may remain unpaid on
20that date. Nothing in this subsection shall be construed to
21prevent the court from modifying the order or terminating the
22order in the event the child is otherwise emancipated.
23    (m) If there is an unpaid arrearage or delinquency (as
24those terms are defined in the Income Withholding for Support
25Act) equal to at least one month's support obligation on the
26termination date stated in the order for support or, if there

 

 

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1is no termination date stated in the order, on the date the
2child attains the age of majority or is otherwise emancipated,
3the periodic amount required to be paid for current support of
4that child immediately prior to that date shall automatically
5continue to be an obligation, not as current support but as
6periodic payment toward satisfaction of the unpaid arrearage or
7delinquency. The periodic payment shall be in addition to any
8periodic payment previously required for satisfaction of the
9arrearage or delinquency. The total periodic amount to be paid
10toward satisfaction of the arrearage or delinquency may be
11enforced and collected by any method provided by law for
12enforcement and collection of child support, including but not
13limited to income withholding under the Income Withholding for
14Support Act. Each order for support entered or modified must
15contain a statement notifying the parties of the requirements
16of this subsection. Failure to include the statement in the
17order for support does not affect the validity of the order or
18the operation of the provisions of this subsection with regard
19to the order. This subsection shall not be construed to prevent
20or affect the establishment or modification of an order for
21support of a minor child or the establishment or modification
22of an order for support of a non-minor child or educational
23expenses under Section 513 of the Illinois Marriage and
24Dissolution of Marriage Act.
25    (n) An order entered under this Section shall include a
26provision requiring the obligor to report to the obligee and to

 

 

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1the clerk of court within 7 days each time the obligor obtains
2new employment, and each time the obligor's employment is
3terminated for any reason. The report shall be in writing and
4shall, in the case of new employment, include the name and
5address of the new employer. Failure to report new employment
6or the termination of current employment, if coupled with
7nonpayment of support for a period in excess of 60 days, is
8indirect criminal contempt. For an obligor arrested for failure
9to report new employment, bond shall be set in the amount of
10the child support that should have been paid during the period
11of unreported employment. An order entered under this Section
12shall also include a provision requiring the obligor and
13obligee parents to advise each other of a change in residence
14within 5 days of the change except when the court finds that
15the physical, mental, or emotional health of a party or that of
16a minor child, or both, would be seriously endangered by
17disclosure of the party's address.
 
18    Section 803. Information to State Case Registry.
19    (a) In this Section:
20    "Order for support", "obligor", "obligee", and "business
21day" are defined as set forth in the Income Withholding for
22Support Act.
23    "State Case Registry" means the State Case Registry
24established under Section 10-27 of the Illinois Public Aid
25Code.

 

 

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1    (b) Each order for support entered or modified by the
2circuit court under this Act shall require that the obligor and
3obligee file with the clerk of the circuit court (i) the
4information required by this Section (and any other information
5required under Title IV, Part D of the Social Security Act or
6by the federal Department of Health and Human Services) at the
7time of entry or modification of the order for support; and
8(ii) updated information within 5 business days of any change.
9Failure of the obligor or obligee to file or update the
10required information shall be punishable as in cases of
11contempt. The failure shall not prevent the court from entering
12or modifying the order for support, however.
13    (c) The obligor shall file the following information: the
14obligor's name, year of birth, mailing address, and the last 4
15digits of the obligor's social security number. If either the
16obligor or the obligee receives child support enforcement
17services from the Department of Healthcare and Family Services
18under Article X of the Illinois Public Aid Code, the obligor
19shall also file the following information: the obligor's
20telephone number, the last 4 digits of the obligor's driver's
21license number, residential address (if different from the
22obligor's mailing address), and the name, address, and
23telephone number of the obligor's employer or employers.
24    (d) The obligee shall file the following information:
25        (1) The name of the obligee and the initials of the
26    child or children covered by the order for support.

 

 

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

 

 

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1docket number and county in which the order for support was
2entered, to the State Case Registry within 5 business days
3after receipt of the information.
4    (g) In a case in which a party is receiving child support
5enforcement services under Article X of the Illinois Public Aid
6Code, the clerk of the circuit court shall provide the
7following additional information to the State Case Registry
8within 5 business days after entry or modification of an order
9for support or request from the Department of Healthcare and
10Family Services:
11        (1) the amount of monthly or other periodic support
12    owed under the order for support and other amounts,
13    including arrearage, interest, or late payment penalties
14    and fees, due or overdue under the order; and
15        (2) any amounts that have been received by the clerk,
16    and the distribution of those amounts by the clerk.
17    (h) Information filed by the obligor and obligee under this
18Section that is not specifically required to be included in the
19body of an order for support under other laws is not a public
20record and shall be treated as confidential and subject to
21disclosure only in accordance with the provisions of this
22Section, Section 10-27 of the Illinois Public Aid Code, and
23Title IV, Part D of the Social Security Act.
 
24    Section 804. Information to locate putative fathers and
25noncustodial parents.

 

 

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1    (a) Upon request by a public office, employers, labor
2unions, and telephone companies shall provide location
3information concerning putative fathers and noncustodial
4parents for the purpose of establishing the parentage of a
5child or establishing, enforcing, or modifying a child support
6obligation. As used in this Section, the term "public office"
7is defined as set forth in the Income Withholding for Support
8Act, and "location information" means information about (i) the
9physical whereabouts of a putative father or noncustodial
10parent; (ii) the employer of the putative father or
11noncustodial parent; or (iii) the salary, wages, and other
12compensation paid and the health insurance coverage provided to
13the putative father or noncustodial parent by the employer of
14the putative father or noncustodial parent or by a labor union
15of which the putative father or noncustodial parent is a
16member. An employer, labor union, or telephone company shall
17respond to the request of the public office within 15 days
18after receiving the request. An employer, labor union, or
19telephone company that willfully fails to fully respond within
20the 15-day period shall be subject to a penalty of $100 for
21each day that the response is not provided to the public office
22after the 15-day period has expired. The penalty may be
23collected in a civil action, which may be brought against the
24employer, labor union, or telephone company in favor of the
25public office.
26    (b) Upon being served with a subpoena (including an

 

 

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1administrative subpoena as authorized by law), a utility
2company or cable television company must provide location
3information to a public office for the purpose of establishing
4the parentage of a child or establishing, enforcing, or
5modifying a child support obligation.
6    (c) Notwithstanding the provisions of any other State or
7local law to the contrary, an employer, labor union, telephone
8company, utility company, or cable television company shall not
9be liable to any person for disclosure of location information
10under the requirements of this Section, except for willful and
11wanton misconduct.
 
12    Section 805. Enforcement of judgment or order.
13    (a) If the existence of the parent-child relationship is
14declared, or if parentage or a duty of support has been
15established under this Act or under prior law or under the law
16of any other jurisdiction, the judgment rendered thereunder may
17be enforced in the same or in other proceedings by any party or
18any person or agency that has furnished or may furnish
19financial assistance or services to the child. The Income
20Withholding for Support Act and Sections 802 and 808 of this
21Act shall also be applicable with respect to the entry,
22modification, and enforcement of a support judgment entered
23under the Paternity Act, approved July 5, 1957 and repealed
24July 1, 1985.
25    (b) Failure to comply with an order of the court shall be

 

 

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1punishable as contempt as in other cases of failure to comply
2under the Illinois Marriage and Dissolution of Marriage Act. In
3addition to other penalties provided by law, the court may,
4after finding the party guilty of contempt, take the following
5action:
6        (1) Order that the party be placed on probation with
7    such conditions of probation as the court deems advisable.
8        (2) Order that the party be sentenced to periodic
9    imprisonment for a period not to exceed 6 months. However,
10    the court may permit the party to be released for periods
11    of time during the day or night to work, conduct business,
12    or engage in other self-employed occupation. The court may
13    further order any part of all the earnings of a party
14    during a sentence of periodic imprisonment to be paid to
15    the clerk of the circuit court or to the person or parent
16    having custody of the minor child for the support of the
17    child until further order of the court.
18        (3) Pierce the ownership veil of a person, persons, or
19    business entity to discover assets of a non-custodial
20    parent held in the name of that person, those persons, or
21    that business entity, if there is a unity of interest and
22    ownership sufficient to render no financial separation
23    between the non-custodial parent and that person, those
24    persons, or the business entity. The following
25    circumstances are sufficient for a court to order discovery
26    of the assets of a person, persons, or business entity and

 

 

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1    to compel the application of any discovered assets toward
2    payment of the judgment for support:
3            (A) the non-custodial parent and the person,
4        persons, or business entity maintain records together.
5            (B) the non-custodial parent and the person,
6        persons, or business entity fail to maintain an
7        arm's-length relationship between themselves with
8        regard to any assets.
9            (C) the non-custodial parent transfers assets to
10        the person, persons, or business entity with the intent
11        to perpetrate a fraud on the custodial parent. With
12        respect to assets which are real property, no order
13        entered under this subdivision (3) shall affect the
14        rights of bona fide purchasers, mortgagees, judgment
15        creditors, or other lien holders who acquire their
16        interests in the property prior to the time a notice of
17        lis pendens under the Code of Civil Procedure or a copy
18        of the order is placed of record in the office of the
19        recorder of deeds for the county in which the real
20        property is located.
21        (4) Order that, in cases where the party is 90 days or
22    more delinquent in payment of support or has been
23    adjudicated in arrears in an amount equal to 90 days
24    obligation or more, the party's Illinois driving
25    privileges be suspended until the court determines that the
26    party is in compliance with the judgment or duty of

 

 

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1    support. The court may also order that the parent be issued
2    a family financial responsibility driving permit that
3    would allow limited driving privileges for employment and
4    medical purposes in accordance with Section 7-702.1 of the
5    Illinois Vehicle Code. The clerk of the circuit court shall
6    certify the order suspending the driving privileges of the
7    parent or granting the issuance of a family financial
8    responsibility driving permit to the Secretary of State on
9    forms prescribed by the Secretary. Upon receipt of the
10    authenticated documents, the Secretary of State shall
11    suspend the party's driving privileges until further order
12    of the court and shall, if ordered by the court and subject
13    to the provisions of Section 7-702.1 of the Illinois
14    Vehicle Code, issue a family financial responsibility
15    driving permit to the parent.
16    In addition to the penalties or punishment that may be
17imposed under this Section, a person whose conduct constitutes
18a violation of Section 15 of the Non-Support Punishment Act may
19be prosecuted under that Act, and a person convicted under that
20Act may be sentenced in accordance with that Act. The sentence
21may include, but need not be limited to, a requirement that the
22person perform community service under Section 50 of that Act
23or participate in a work alternative program under Section 50
24of that Act. A person may not be required to participate in a
25work alternative program under Section 50 of the Non-Support
26Punishment Act if the person is currently participating in a

 

 

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1work program under Section 806 of this Act.
2    (c) In a post-judgment proceeding to enforce or modify the
3judgment, the parties shall continue to be designated as in the
4original proceeding.
 
5    Section 806. Unemployment of person owing duty of support.
6    (a) Whenever it is determined in a proceeding to establish
7or enforce a child support obligation that the person owing a
8duty of support is unemployed, the court may order the person
9to seek employment and report periodically to the court with a
10diary, listing, or other memorandum of his or her efforts to
11seek employment in accordance with the order. Additionally, the
12court may order the unemployed person to report to the
13Department of Employment Security for job search services and
14to participate in job training or work programs. When the duty
15of support is owed to a child receiving child support
16enforcement services under Article X of the Illinois Public Aid
17Code, the court may order the unemployed person to report to
18the Department of Healthcare and Family Services for
19participation in job search, training, or work programs
20established under Section 9-6 and Article IXA of that Code.
21    (b) Whenever it is determined that a person owes past-due
22support for a child, and the child is receiving assistance
23under the Illinois Public Aid Code, the court shall, at the
24request of the Department of Healthcare and Family Services,
25order the following:

 

 

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1        (1) that the person pay the past-due support in
2    accordance with a payment plan approved by the court; or
3        (2) if the person owing past-due support is unemployed,
4    is subject to a payment plan, and is not incapacitated,
5    that the person participate in job search, training, or
6    work programs established under Section 9-6 and Article IXA
7    of the Illinois Public Aid Code as the court deems
8    appropriate.
 
9    Section 807. Order of protection; status. Whenever relief
10is sought under this Act, the court, before granting relief,
11shall determine whether an order of protection has previously
12been entered in the instant proceeding or any other proceeding
13in which any party, or a child of any party, or both, if
14relevant, has been designated as either a respondent or a
15protected person.
 
16    Section 808. Modification of judgment. The court has
17continuing jurisdiction to modify an order for support,
18custody, parenting time, or removal included in a judgment
19entered under this Act. Any custody, parenting time, or removal
20judgment modification shall be in accordance with the relevant
21factors specified in the Illinois Marriage and Dissolution of
22Marriage Act. Any support judgment is subject to modification
23or termination only in accordance with Section 510 of the
24Illinois Marriage and Dissolution of Marriage Act.
 

 

 

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1    Section 809. Right to counsel.
2    (a) Any party may be represented by counsel at all
3proceedings under this Act. Except as otherwise provided in
4this Act, the court may order, in accordance with the relevant
5factors specified in Section 508 of the Illinois Marriage and
6Dissolution of Marriage Act, reasonable fees of counsel,
7experts, and other costs of the action, pre-trial proceedings,
8post-judgment proceedings to enforce or modify the judgment,
9and the appeal or the defense of an appeal of the judgment to
10be paid by the parties. The court may not order payment by the
11Department of Healthcare and Family Services in cases in which
12the Department is providing child support enforcement services
13under Article X of the Illinois Public Aid Code.
14    (b) In any proceedings involving the support, custody,
15parenting time, education, parentage, property interest, or
16general welfare of a minor or dependent child, the court may,
17on its own motion or that of any party, appoint an attorney to
18serve in one of the capacities specified in Section 506 of the
19Illinois Marriage and Dissolution of Marriage Act.
 
20    Section 810. Withholding of income to secure payment of
21support. Orders for support entered under this Act are subject
22to the Income Withholding for Support Act.
 
23    Section 811. Information concerning obligors.

 

 

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1    (a) In this Section:
2    "Arrearage", "delinquency", "obligor", and "order for
3support" have the meanings attributed to those terms in the
4Income Withholding for Support Act.
5    "Consumer reporting agency" has the meaning attributed to
6that term in Section 603(f) of the Fair Credit Reporting Act,
715 U.S.C. 1681a(f).
8    (b) Whenever a court of competent jurisdiction finds that
9an obligor either owes an arrearage of more than $10,000 or is
10delinquent in payment of an amount equal to at least 3 months'
11support obligation pursuant to an order for support, the court
12shall direct the clerk of the circuit court to make information
13concerning the obligor available to consumer reporting
14agencies.
15    (c) Whenever a court of competent jurisdiction finds that
16an obligor either owes an arrearage of more than $10,000 or is
17delinquent in payment of an amount equal to at least 3 months'
18support obligation pursuant to an order for support, the court
19shall direct the clerk of the circuit court to cause the
20obligor's name and address to be published in a newspaper of
21general circulation in the area in which the obligor resides.
22The clerk of the circuit court shall cause the obligor's name
23and address to be published only after sending to the obligor
24at the obligor's last known address, by certified mail, return
25receipt requested, a notice of intent to publish the
26information. This subsection (c) applies only if the obligor

 

 

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1resides in the county in which the clerk of the circuit court
2holds office.
 
3    Section 812. Interest on support obligations. A support
4obligation, or any portion of a support obligation, which
5becomes due and remains unpaid as of the end of each month,
6excluding the child support that was due for that month to the
7extent that it was not paid in that month, shall accrue simple
8interest as set forth in Section 12-109 of the Code of Civil
9Procedure. An order for support shall contain a statement that
10a support obligation required under the order, or any portion
11of a support obligation required under the order, that becomes
12due and remains unpaid as of the end of each month, excluding
13the child support that was due for that month to the extent
14that it was not paid in that month, shall accrue simple
15interest as set forth in Section 12-109 of the Code of Civil
16Procedure. Failure to include the statement in the order for
17support does not affect the validity of the order or the
18accrual of interest as provided in this Section.
 
19    Section 813. Support payments; receiving and disbursing
20agents.
21    (a) In an action filed in a county with less than 3,000,000
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

 

 

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1court, except in actions or supplementary proceedings in which
2the pregnancy and delivery expenses of the mother or the child
3support payments are for a recipient of aid under the Illinois
4Public Aid Code, shall direct that child support payments be
5made to the clerk of the circuit court, unless in the
6discretion of the court exceptional circumstances warrant
7otherwise. In cases where payment is to be made to persons
8other than the clerk of the circuit court, the judgment or
9order of support shall set forth the facts of the exceptional
10circumstances.
11    (b) In an action filed in a county of 3,000,000 or more
12inhabitants in which an order for child support is entered, and
13in supplementary proceedings to enforce or vary the terms of
14the order arising out of an action filed in such a county, the
15court, except in actions or supplementary proceedings in which
16the pregnancy and delivery expenses of the mother or the child
17support payments are for a recipient of aid under the Illinois
18Public Aid Code, shall direct that child support payments be
19made either to the clerk of the circuit court or to the Court
20Service Division of the Department of Human Services local
21office or offices or its successor or to the Department of
22Healthcare and Family Services, unless in the discretion of the
23court exceptional circumstances warrant otherwise. In cases
24where payment is to be made to persons other than the clerk of
25the circuit court, the Court Service Division of the Department
26of Human Services local office or offices or its successor, or

 

 

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1the Department of Healthcare and Family Services, the judgment
2or order of support shall set forth the facts of the
3exceptional circumstances.
4    (c) When the action or supplementary proceeding is on
5behalf of a mother for pregnancy and delivery expenses or for
6child support, or both, and the mother, child, or both, are
7recipients of aid under the Illinois Public Aid Code, the court
8shall order that the payments be made directly to (1) the
9Department of Healthcare and Family Services, if the mother or
10child, or both, are recipients under Article IV or V of the
11Illinois Public Aid Code; or (2) the local governmental unit
12responsible for the support of the mother or child, or both, if
13they are recipients under Article VI of the Illinois Public Aid
14Code. In accordance with federal law and regulations, the
15Department of Healthcare and Family Services may continue to
16collect current maintenance payments or child support
17payments, or both, after those persons cease to receive public
18assistance and until termination of services under Article X of
19the Illinois Public Aid Code. The Department of Healthcare and
20Family Services shall pay the net amount collected to those
21persons after deducting any costs incurred in making the
22collection or any collection fee from the amount of any
23recovery made. The Department of Healthcare and Family Services
24or the local governmental unit, as the case may be, may direct
25that payments be made directly to the mother of the child, or
26to some other person or agency on the child's behalf, upon the

 

 

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1removal of the mother and child from the public aid rolls or
2upon termination of services under Article X of the Illinois
3Public Aid Code; upon such direction, the Department of
4Healthcare and Family Services or the local governmental unit
5shall give notice of the action to the court in writing or by
6electronic transmission.
7    (d) All clerks of the circuit court and the Court Service
8Division of the Department of Human Services local office or
9offices or its successor and the Department of Healthcare and
10Family Services, receiving child support payments under
11subsection (a) or (b) shall disburse the payments to the person
12or persons entitled to the payments under the terms of the
13order. The entity disbursing the payments shall establish and
14maintain clear and current records of all moneys received and
15disbursed and of defaults and delinquencies in required
16payments. The court, by order or rule, shall make provision for
17the carrying out of these duties. Payments under this Section
18to the Department of Healthcare and Family Services made
19pursuant to the Child Support Enforcement Program established
20by Title IV-D of the Social Security Act shall be paid into the
21Child Support Enforcement Trust Fund. All payments under this
22Section to the Illinois Department of Human Services shall be
23deposited in the DHS Recoveries Trust Fund. Disbursement from
24these funds shall be as provided in the Illinois Public Aid
25Code. Payments received by a local governmental unit shall be
26deposited in that unit's General Assistance Fund.

 

 

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1    (e) The moneys received by persons or agencies designated
2by the court shall be disbursed by them in accordance with the
3order. However, the court, on petition of the State's Attorney,
4may enter new orders designating the clerk of the circuit court
5or the Department of Healthcare and Family Services as the
6person or agency authorized to receive and disburse child
7support payments and, in the case of a recipient of public aid,
8the court, on petition of the Attorney General or State's
9Attorney, shall direct subsequent payments to be paid to the
10Department of Healthcare and Family Services or to the
11appropriate local governmental unit, as provided in subsection
12(c) of this Section. Payments of child support by principals or
13sureties on bonds or proceeds of any sale for the enforcement
14of a judgment shall be made to the clerk of the circuit court,
15the Department of Healthcare and Family Services, or the
16appropriate local governmental unit, as required by this
17Section.
18    (f) For those cases in which child support is payable to
19the clerk of the circuit court for transmittal to the
20Department of Healthcare and Family Services by order of court
21or upon notification by the Department of Healthcare and Family
22Services, the clerk of the circuit court shall transmit all
23payments, within 4 working days of receipt, to insure that
24funds are available for immediate distribution by the
25Department of Healthcare and Family Services to the person or
26entity entitled to them in accordance with the Child Support

 

 

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1Enforcement Program under Title IV-D of the Social Security
2Act. The clerk of the circuit court shall notify the Department
3of Healthcare and Family Services of the date of receipt and
4the amount of the funds at the time of transmittal. If the
5clerk of the circuit court has entered into an agreement of
6cooperation with the Department of Healthcare and Family
7Services to record the terms of child support orders and
8payments made thereunder directly into the Department's
9automated data processing system, the clerk of the circuit
10court shall account for, transmit and otherwise distribute
11child support payments in accordance with the agreement in lieu
12of the requirements contained in this Section.
13    (g) To the extent the provisions of this Section are
14inconsistent with the requirements pertaining to the State
15Disbursement Unit under Section 815 of this Act and Section
1610-26 of the Illinois Public Aid Code, the requirements
17pertaining to the State Disbursement Unit shall apply.
 
18    Section 814. Notice of child support enforcement services.
19The Department of Healthcare and Family Services may provide
20notice at any time to the parties to an action filed under this
21Act that child support enforcement services are being provided
22by the Department under Article X of the Illinois Public Aid
23Code. After notice is provided, the Department of Healthcare
24and Family Services shall be entitled, as if it were a party,
25to notice of any further proceedings brought in the case. The

 

 

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1Department of Healthcare and Family Services shall provide the
2clerk of the circuit court with copies of the notices sent to
3the parties. The clerk of the circuit court shall file the
4copies in the court file.
 
5    Section 815. Payment of support to State Disbursement Unit.
6    (a) As used in this Section, "order for support",
7"obligor", "obligee", and "payor" have the meanings ascribed to
8them in the Income Withholding for Support Act, except that
9"order for support" does not mean an order for spousal
10maintenance under which there is no child support obligation.
11    (b) Notwithstanding any other provision of this Act to the
12contrary, each order for support entered or modified on or
13after October 1, 1999 shall require that support payments be
14made to the State Disbursement Unit established under Section
1510-26 of the Illinois Public Aid Code if:
16        (1) a party to the order is receiving child support
17    enforcement services under Article X of the Illinois Public
18    Aid Code; or
19        (2) no party to the order is receiving child support
20    enforcement services, but the support payments are made
21    through income withholding.
22    (c) Support payments shall be made to the State
23Disbursement Unit if:
24        (1) the order for support was entered before October 1,
25    1999, and a party to the order is receiving child support

 

 

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

 

 

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1    the requirements of Title IV, Part D of the Social Security
2    Act and regulations promulgated under that Part D.
3    The Department of Healthcare and Family Services shall
4provide a copy of the notice sent under this subsection to the
5obligee and to the clerk of the circuit court.
6    (f) The clerk of the circuit court shall provide written
7notice to the obligor to make payments directly to the clerk of
8the circuit court if no party to the order is receiving child
9support enforcement services under Article X of the Illinois
10Public Aid Code, the support payments are not made through
11income withholding, and the order for support requires support
12payments to be made directly to the clerk of the circuit court.
13The clerk of the circuit court shall provide a copy of the
14notice to the obligee.
15    (g) If the State Disbursement Unit receives a support
16payment that was not appropriately made to the Unit under this
17Section, the Unit shall immediately return the payment to the
18sender, including, if possible, instructions detailing where
19to send the support payments.
20    (h) The notices under subsections (e) and (f) may be sent
21by ordinary mail, certified mail with return receipt requested,
22facsimile transmission, other electronic process, or any
23method provided by law for service of a summons.
 
24    Section 816. Notice to the clerk of the circuit court of
25payment received by Department of Healthcare and Family

 

 

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1Services. For those cases in which support is payable to the
2clerk of the circuit court for transmittal to the Department of
3Healthcare and Family Services by order of court, and the
4Department of Healthcare and Family Services collects support
5by assignment, offset, withhold, deduction, or other process
6permitted by law, the Department of Healthcare and Family
7Services shall notify the clerk of the circuit court of the
8date and amount of the collection. Upon notification, the clerk
9of the circuit court shall record the collection on the payment
10record for the case.
 
11
ARTICLE 9. MISCELLANEOUS PROVISIONS

 
12    Section 901. Burden of proof. Absent a burden of proof
13specifically set forth in this Act, the burden of proof shall
14be by a preponderance of the evidence.
 
15    Section 902. Severability clause. If any provision of this
16Act or its application to an individual or circumstance is held
17invalid, the invalidity does not affect other provisions or
18applications of this Act which can be given effect without the
19invalid provision or application, and to this end the
20provisions of this Act are severable.
 
21    Section 903. Transitional provision. A proceeding to
22adjudicate parentage which was commenced before the effective

 

 

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1date of this Act is governed by the law in effect at the time
2the proceeding was commenced.
 
3    Section 904. Savings provision. The repeal of the Illinois
4Parentage Act of 1984 and the Illinois Parentage Act shall not
5affect rights or liabilities under those Acts which have been
6determined, settled, or adjudicated prior to the effective date
7of this Act or which are the subject of proceedings pending on
8the effective date of this Act. This Act shall not be construed
9to bar an action which would have been barred because the
10action had not been filed within a time limitation under the
11Illinois Parentage Act of 1984 and the Illinois Parentage Act,
12or which could not have been maintained under those Acts, as
13long as the action is not barred by a limitations period set
14forth in this Act.
 
15    Section 905. Other states' establishments of parentage.
16Establishments of parentage made under the laws of other states
17shall be given full faith and credit in this State regardless
18of whether parentage was established through voluntary
19acknowledgment or through judicial or administrative
20processes.
 
21    Section 951. The Department of Employment Security Law of
22the Civil Administrative Code of Illinois is amended by
23changing Section 1005-130 as follows:
 

 

 

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1    (20 ILCS 1005/1005-130)  (was 20 ILCS 1005/43a.14)
2    Sec. 1005-130. Exchange of information for child support
3enforcement.
4    (a) The Department has the power to exchange with the
5Department of Healthcare and Family Services information that
6may be necessary for the enforcement of child support orders
7entered pursuant to the Illinois Public Aid Code, the Illinois
8Marriage and Dissolution of Marriage Act, the Non-Support of
9Spouse and Children Act, the Non-Support Punishment Act, the
10Revised Uniform Reciprocal Enforcement of Support Act, the
11Uniform Interstate Family Support Act, or the Illinois
12Parentage Act of 1984, or the Illinois Parentage Act of 2015.
13    (b) Notwithstanding any provisions in the Civil
14Administrative Code of Illinois to the contrary, the Department
15of Employment Security shall not be liable to any person for
16any disclosure of information to the Department of Healthcare
17and Family Services (formerly Illinois Department of Public
18Aid) under subsection (a) or for any other action taken in good
19faith to comply with the requirements of subsection (a).
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    Section 952. The Department of Professional Regulation Law
22of the Civil Administrative Code of Illinois is amended by
23changing Section 2105-15 as follows:
 

 

 

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1    (20 ILCS 2105/2105-15)
2    Sec. 2105-15. General powers and duties.
3    (a) The Department has, subject to the provisions of the
4Civil Administrative Code of Illinois, the following powers and
5duties:
6        (1) To authorize examinations in English to ascertain
7    the qualifications and fitness of applicants to exercise
8    the profession, trade, or occupation for which the
9    examination is held.
10        (2) To prescribe rules and regulations for a fair and
11    wholly impartial method of examination of candidates to
12    exercise the respective professions, trades, or
13    occupations.
14        (3) To pass upon the qualifications of applicants for
15    licenses, certificates, and authorities, whether by
16    examination, by reciprocity, or by endorsement.
17        (4) To prescribe rules and regulations defining, for
18    the respective professions, trades, and occupations, what
19    shall constitute a school, college, or university, or
20    department of a university, or other institution,
21    reputable and in good standing, and to determine the
22    reputability and good standing of a school, college, or
23    university, or department of a university, or other
24    institution, reputable and in good standing, by reference
25    to a compliance with those rules and regulations; provided,
26    that no school, college, or university, or department of a

 

 

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1    university, or other institution that refuses admittance
2    to applicants solely on account of race, color, creed, sex,
3    or national origin shall be considered reputable and in
4    good standing.
5        (5) To conduct hearings on proceedings to revoke,
6    suspend, refuse to renew, place on probationary status, or
7    take other disciplinary action as authorized in any
8    licensing Act administered by the Department with regard to
9    licenses, certificates, or authorities of persons
10    exercising the respective professions, trades, or
11    occupations and to revoke, suspend, refuse to renew, place
12    on probationary status, or take other disciplinary action
13    as authorized in any licensing Act administered by the
14    Department with regard to those licenses, certificates, or
15    authorities. The Department shall issue a monthly
16    disciplinary report. The Department shall deny any license
17    or renewal authorized by the Civil Administrative Code of
18    Illinois to any person who has defaulted on an educational
19    loan or scholarship provided by or guaranteed by the
20    Illinois Student Assistance Commission or any governmental
21    agency of this State; however, the Department may issue a
22    license or renewal if the aforementioned persons have
23    established a satisfactory repayment record as determined
24    by the Illinois Student Assistance Commission or other
25    appropriate governmental agency of this State.
26    Additionally, beginning June 1, 1996, any license issued by

 

 

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1    the Department may be suspended or revoked if the
2    Department, after the opportunity for a hearing under the
3    appropriate licensing Act, finds that the licensee has
4    failed to make satisfactory repayment to the Illinois
5    Student Assistance Commission for a delinquent or
6    defaulted loan. For the purposes of this Section,
7    "satisfactory repayment record" shall be defined by rule.
8    The Department shall refuse to issue or renew a license to,
9    or shall suspend or revoke a license of, any person who,
10    after receiving notice, fails to comply with a subpoena or
11    warrant relating to a paternity or child support
12    proceeding. However, the Department may issue a license or
13    renewal upon compliance with the subpoena or warrant.
14        The Department, without further process or hearings,
15    shall revoke, suspend, or deny any license or renewal
16    authorized by the Civil Administrative Code of Illinois to
17    a person who is certified by the Department of Healthcare
18    and Family Services (formerly Illinois Department of
19    Public Aid) as being more than 30 days delinquent in
20    complying with a child support order or who is certified by
21    a court as being in violation of the Non-Support Punishment
22    Act for more than 60 days. The Department may, however,
23    issue a license or renewal if the person has established a
24    satisfactory repayment record as determined by the
25    Department of Healthcare and Family Services (formerly
26    Illinois Department of Public Aid) or if the person is

 

 

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1    determined by the court to be in compliance with the
2    Non-Support Punishment Act. The Department may implement
3    this paragraph as added by Public Act 89-6 through the use
4    of emergency rules in accordance with Section 5-45 of the
5    Illinois Administrative Procedure Act. For purposes of the
6    Illinois Administrative Procedure Act, the adoption of
7    rules to implement this paragraph shall be considered an
8    emergency and necessary for the public interest, safety,
9    and welfare.
10        (6) To transfer jurisdiction of any realty under the
11    control of the Department to any other department of the
12    State Government or to acquire or accept federal lands when
13    the transfer, acquisition, or acceptance is advantageous
14    to the State and is approved in writing by the Governor.
15        (7) To formulate rules and regulations necessary for
16    the enforcement of any Act administered by the Department.
17        (8) To exchange with the Department of Healthcare and
18    Family Services information that may be necessary for the
19    enforcement of child support orders entered pursuant to the
20    Illinois Public Aid Code, the Illinois Marriage and
21    Dissolution of Marriage Act, the Non-Support of Spouse and
22    Children Act, the Non-Support Punishment Act, the Revised
23    Uniform Reciprocal Enforcement of Support Act, the Uniform
24    Interstate Family Support Act, or the Illinois Parentage
25    Act of 1984, or the Illinois Parentage Act of 2015.
26    Notwithstanding any provisions in this Code to the

 

 

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1    contrary, the Department of Professional Regulation shall
2    not be liable under any federal or State law to any person
3    for any disclosure of information to the Department of
4    Healthcare and Family Services (formerly Illinois
5    Department of Public Aid) under this paragraph (8) or for
6    any other action taken in good faith to comply with the
7    requirements of this paragraph (8).
8        (8.5) To accept continuing education credit for
9    mandated reporter training on how to recognize and report
10    child abuse offered by the Department of Children and
11    Family Services and completed by any person who holds a
12    professional license issued by the Department and who is a
13    mandated reporter under the Abused and Neglected Child
14    Reporting Act. The Department shall adopt any rules
15    necessary to implement this paragraph.
16        (9) To perform other duties prescribed by law.
17    (a-5) Except in cases involving default on an educational
18loan or scholarship provided by or guaranteed by the Illinois
19Student Assistance Commission or any governmental agency of
20this State or in cases involving delinquency in complying with
21a child support order or violation of the Non-Support
22Punishment Act, no person or entity whose license, certificate,
23or authority has been revoked as authorized in any licensing
24Act administered by the Department may apply for restoration of
25that license, certification, or authority until 3 years after
26the effective date of the revocation.

 

 

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1    (b) The Department may, when a fee is payable to the
2Department for a wall certificate of registration provided by
3the Department of Central Management Services, require that
4portion of the payment for printing and distribution costs be
5made directly or through the Department to the Department of
6Central Management Services for deposit into the Paper and
7Printing Revolving Fund. The remainder shall be deposited into
8the General Revenue Fund.
9    (c) For the purpose of securing and preparing evidence, and
10for the purchase of controlled substances, professional
11services, and equipment necessary for enforcement activities,
12recoupment of investigative costs, and other activities
13directed at suppressing the misuse and abuse of controlled
14substances, including those activities set forth in Sections
15504 and 508 of the Illinois Controlled Substances Act, the
16Director and agents appointed and authorized by the Director
17may expend sums from the Professional Regulation Evidence Fund
18that the Director deems necessary from the amounts appropriated
19for that purpose. Those sums may be advanced to the agent when
20the Director deems that procedure to be in the public interest.
21Sums for the purchase of controlled substances, professional
22services, and equipment necessary for enforcement activities
23and other activities as set forth in this Section shall be
24advanced to the agent who is to make the purchase from the
25Professional Regulation Evidence Fund on vouchers signed by the
26Director. The Director and those agents are authorized to

 

 

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1maintain one or more commercial checking accounts with any
2State banking corporation or corporations organized under or
3subject to the Illinois Banking Act for the deposit and
4withdrawal of moneys to be used for the purposes set forth in
5this Section; provided, that no check may be written nor any
6withdrawal made from any such account except upon the written
7signatures of 2 persons designated by the Director to write
8those checks and make those withdrawals. Vouchers for those
9expenditures must be signed by the Director. All such
10expenditures shall be audited by the Director, and the audit
11shall be submitted to the Department of Central Management
12Services for approval.
13    (d) Whenever the Department is authorized or required by
14law to consider some aspect of criminal history record
15information for the purpose of carrying out its statutory
16powers and responsibilities, then, upon request and payment of
17fees in conformance with the requirements of Section 2605-400
18of the Department of State Police Law (20 ILCS 2605/2605-400),
19the Department of State Police is authorized to furnish,
20pursuant to positive identification, the information contained
21in State files that is necessary to fulfill the request.
22    (e) The provisions of this Section do not apply to private
23business and vocational schools as defined by Section 15 of the
24Private Business and Vocational Schools Act of 2012.
25    (f) Beginning July 1, 1995, this Section does not apply to
26those professions, trades, and occupations licensed under the

 

 

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1Real Estate License Act of 2000, nor does it apply to any
2permits, certificates, or other authorizations to do business
3provided for in the Land Sales Registration Act of 1989 or the
4Illinois Real Estate Time-Share Act.
5    (g) Notwithstanding anything that may appear in any
6individual licensing statute or administrative rule, the
7Department shall deny any license application or renewal
8authorized under any licensing Act administered by the
9Department to any person who has failed to file a return, or to
10pay the tax, penalty, or interest shown in a filed return, or
11to pay any final assessment of tax, penalty, or interest, as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirement of any such tax
14Act are satisfied; however, the Department may issue a license
15or renewal if the person has established a satisfactory
16repayment record as determined by the Illinois Department of
17Revenue. For the purpose of this Section, "satisfactory
18repayment record" shall be defined by rule.
19    In addition, a complaint filed with the Department by the
20Illinois Department of Revenue that includes a certification,
21signed by its Director or designee, attesting to the amount of
22the unpaid tax liability or the years for which a return was
23not filed, or both, is prima facie evidence of the licensee's
24failure to comply with the tax laws administered by the
25Illinois Department of Revenue. Upon receipt of that
26certification, the Department shall, without a hearing,

 

 

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1immediately suspend all licenses held by the licensee.
2Enforcement of the Department's order shall be stayed for 60
3days. The Department shall provide notice of the suspension to
4the licensee by mailing a copy of the Department's order by
5certified and regular mail to the licensee's last known address
6as registered with the Department. The notice shall advise the
7licensee that the suspension shall be effective 60 days after
8the issuance of the Department's order unless the Department
9receives, from the licensee, a request for a hearing before the
10Department to dispute the matters contained in the order.
11    Any suspension imposed under this subsection (g) shall be
12terminated by the Department upon notification from the
13Illinois Department of Revenue that the licensee is in
14compliance with all tax laws administered by the Illinois
15Department of Revenue.
16    The Department shall promulgate rules for the
17administration of this subsection (g).
18    (h) The Department may grant the title "Retired", to be
19used immediately adjacent to the title of a profession
20regulated by the Department, to eligible retirees. The use of
21the title "Retired" shall not constitute representation of
22current licensure, registration, or certification. Any person
23without an active license, registration, or certificate in a
24profession that requires licensure, registration, or
25certification shall not be permitted to practice that
26profession.

 

 

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1    (i) Within 180 days after December 23, 2009 (the effective
2date of Public Act 96-852), the Department shall promulgate
3rules which permit a person with a criminal record, who seeks a
4license or certificate in an occupation for which a criminal
5record is not expressly a per se bar, to apply to the
6Department for a non-binding, advisory opinion to be provided
7by the Board or body with the authority to issue the license or
8certificate as to whether his or her criminal record would bar
9the individual from the licensure or certification sought,
10should the individual meet all other licensure requirements
11including, but not limited to, the successful completion of the
12relevant examinations.
13(Source: P.A. 97-650, eff. 2-1-12; 98-756, eff. 7-16-14;
1498-850, eff. 1-1-15.)
 
15    Section 953. The Department of Revenue Law of the Civil
16Administrative Code of Illinois is amended by changing Section
172505-65 as follows:
 
18    (20 ILCS 2505/2505-65)  (was 20 ILCS 2505/39b12)
19    Sec. 2505-65. Exchange of information.
20    (a) The Department has the power to exchange with any
21state, with any local subdivisions of any state, or with the
22federal government, except when specifically prohibited by
23law, any information that may be necessary to efficient tax
24administration and that may be acquired as a result of the

 

 

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1administration of the laws set forth in the Sections following
2Section 95-10 and preceding Section 2505-60.
3    (b) The Department has the power to exchange with the
4Department of Healthcare and Family Services information that
5may be necessary for the enforcement of child support orders
6entered 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.
12Notwithstanding any provisions in this Code to the contrary,
13the Department of Revenue shall not be liable to any person for
14any disclosure of information to the Department of Healthcare
15and Family Services (formerly Illinois Department of Public
16Aid) under this subsection (b) or for any other action taken in
17good faith to comply with the requirements of this subsection
18(b).
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    Section 954. The Counties Code is amended by changing
21Section 3-5036.5 as follows:
 
22    (55 ILCS 5/3-5036.5)
23    Sec. 3-5036.5. Exchange of information for child support
24enforcement.

 

 

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1    (a) The Recorder shall exchange with the Department of
2Healthcare and Family Services information that may be
3necessary for the enforcement of child support orders entered
4pursuant to the Illinois Public Aid Code, the Illinois Marriage
5and Dissolution of Marriage Act, the Non-Support of Spouse and
6Children Act, the Non-Support Punishment Act, the Revised
7Uniform Reciprocal Enforcement of Support Act, the Uniform
8Interstate Family Support Act, or the Illinois Parentage Act of
91984, or the Illinois Parentage Act of 2015.
10    (b) Notwithstanding any provisions in this Code to the
11contrary, the Recorder shall not be liable to any person for
12any disclosure of information to the Department of Healthcare
13and Family Services (formerly Illinois Department of Public
14Aid) under subsection (a) or for any other action taken in good
15faith to comply with the requirements of subsection (a).
16(Source: P.A. 95-331, eff. 8-21-07.)
 
17    Section 955. The Collection Agency Act is amended by
18changing Section 2.04 as follows:
 
19    (225 ILCS 425/2.04)  (from Ch. 111, par. 2005.1)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 2.04. Child support indebtedness.
22    (a) Persons, associations, partnerships, corporations, or
23other legal entities engaged in the business of collecting
24child support indebtedness owing under a court order as

 

 

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1provided under the Illinois Public Aid Code, the Illinois
2Marriage and Dissolution of Marriage Act, the Non-Support of
3Spouse and Children Act, the Non-Support Punishment Act, the
4Illinois Parentage Act of 1984, the Illinois Parentage Act of
52015, or similar laws of other states are not restricted (i) in
6the frequency of contact with an obligor who is in arrears,
7whether by phone, mail, or other means, (ii) from contacting
8the employer of an obligor who is in arrears, (iii) from
9publishing or threatening to publish a list of obligors in
10arrears, (iv) from disclosing or threatening to disclose an
11arrearage that the obligor disputes, but for which a verified
12notice of delinquency has been served under the Income
13Withholding for Support Act (or any of its predecessors,
14Section 10-16.2 of the Illinois Public Aid Code, Section 706.1
15of the Illinois Marriage and Dissolution of Marriage Act,
16Section 4.1 of the Non-Support of Spouse and Children Act,
17Section 26.1 of the Revised Uniform Reciprocal Enforcement of
18Support Act, or Section 20 of the Illinois Parentage Act of
191984), or (v) from engaging in conduct that would not cause a
20reasonable person mental or physical illness. For purposes of
21this subsection, "obligor" means an individual who owes a duty
22to make periodic payments, under a court order, for the support
23of a child. "Arrearage" means the total amount of an obligor's
24unpaid child support obligations.
25    (a-5) A collection agency may not impose a fee or charge,
26including costs, for any child support payments collected

 

 

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1through the efforts of a federal, State, or local government
2agency, including but not limited to child support collected
3from federal or State tax refunds, unemployment benefits, or
4Social Security benefits.
5    No collection agency that collects child support payments
6shall (i) impose a charge or fee, including costs, for
7collection of a current child support payment, (ii) fail to
8apply collections to current support as specified in the order
9for support before applying collection to arrears or other
10amounts, or (iii) designate a current child support payment as
11arrears or other amount owed. In all circumstances, the
12collection agency shall turn over to the obligee all support
13collected in a month up to the amount of current support
14required to be paid for that month.
15    As to any fees or charges, including costs, retained by the
16collection agency, that agency shall provide documentation to
17the obligee demonstrating that the child support payments
18resulted from the actions of the agency.
19    After collection of the total amount or arrearage,
20including statutory interest, due as of the date of execution
21of the collection contract, no further fees may be charged.
22    (a-10) The Department of Professional Regulation shall
23determine a fee rate of not less than 25% but not greater than
2435%, based upon presentation by the licensees as to costs to
25provide the service and a fair rate of return. This rate shall
26be established by administrative rule.

 

 

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1    Without prejudice to the determination by the Department of
2the appropriate rate through administrative rule, a collection
3agency shall impose a fee of not more than 29% of the amount of
4child support actually collected by the collection agency
5subject to the provisions of subsection (a-5). This interim
6rate is based upon the March 2002 General Account Office report
7"Child Support Enforcement", GAO-02-349. This rate shall apply
8until a fee rate is established by administrative rule.
9    (b) The Department shall adopt rules necessary to
10administer and enforce the provisions of this Section.
11(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)
 
12    Section 956. The Illinois Public Aid Code is amended by
13changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19,
1410-25, 10-25.5, 10-27, and 12-4.7c as follows:
 
15    (305 ILCS 5/10-3.1)  (from Ch. 23, par. 10-3.1)
16    Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
17Department shall establish within its administrative staff a
18Child and Spouse Support Unit to search for and locate absent
19parents and spouses liable for the support of persons resident
20in this State and to exercise the support enforcement powers
21and responsibilities assigned the Department by this Article.
22The unit shall cooperate with all law enforcement officials in
23this State and with the authorities of other States in locating
24persons responsible for the support of persons resident in

 

 

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1other States and shall invite the cooperation of these
2authorities in the performance of its duties.
3    In addition to other duties assigned the Child and Spouse
4Support Unit by this Article, the Unit may refer to the
5Attorney General or units of local government with the approval
6of the Attorney General, any actions under Sections 10-10 and
710-15 for judicial enforcement of the support liability. The
8Child and Spouse Support Unit shall act for the Department in
9referring to the Attorney General support matters requiring
10judicial enforcement under other laws. If requested by the
11Attorney General to so act, as provided in Section 12-16,
12attorneys of the Unit may assist the Attorney General or
13themselves institute actions on in behalf of the Illinois
14Department under the Revised Uniform Reciprocal Enforcement of
15Support Act; under the Illinois Parentage Act of 1984 or under
16the Illinois Parentage Act of 2015; under the Non-Support of
17Spouse and Children Act; under the Non-Support Punishment Act;
18or under any other law, State or Federal, providing for support
19of a spouse or dependent child.
20    The Illinois Department shall also have the authority to
21enter into agreements with local governmental units or
22individuals, with the approval of the Attorney General, for the
23collection of moneys owing because of the failure of a parent
24to make child support payments for any child receiving services
25under this Article. Such agreements may be on a contingent fee
26basis, but such contingent fee shall not exceed 25% of the

 

 

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1total amount collected.
2    An attorney who provides representation pursuant to this
3Section shall represent the Illinois Department exclusively.
4Regardless of the designation of the plaintiff in an action
5brought pursuant to this Section, an attorney-client
6relationship does not exist for purposes of that action between
7that attorney and (i) an applicant for or recipient of child
8support enforcement services or (ii) any other party to the
9action other than the Illinois Department. Nothing in this
10Section shall be construed to modify any power or duty
11(including a duty to maintain confidentiality) of the Child and
12Spouse Support Unit or the Illinois Department otherwise
13provided by law.
14    The Illinois Department may also enter into agreements with
15local governmental units for the Child and Spouse Support Unit
16to exercise the investigative and enforcement powers
17designated in this Article, including the issuance of
18administrative orders under Section 10-11, in locating
19responsible relatives and obtaining support for persons
20applying for or receiving aid under Article VI. Payments for
21defrayment of administrative costs and support payments
22obtained shall be deposited into the DHS Recoveries Trust Fund.
23Support payments shall be paid over to the General Assistance
24Fund of the local governmental unit at such time or times as
25the agreement may specify.
26    With respect to those cases in which it has support

 

 

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1enforcement powers and responsibilities under this Article,
2the Illinois Department may provide by rule for periodic or
3other review of each administrative and court order for support
4to determine whether a modification of the order should be
5sought. The Illinois Department shall provide for and conduct
6such review in accordance with any applicable federal law and
7regulation.
8    As part of its process for review of orders for support,
9the Illinois Department, through written notice, may require
10the responsible relative to disclose his or her Social Security
11Number and past and present information concerning the
12relative's address, employment, gross wages, deductions from
13gross wages, net wages, bonuses, commissions, number of
14dependent exemptions claimed, individual and dependent health
15insurance coverage, and any other information necessary to
16determine the relative's ability to provide support in a case
17receiving child support enforcement services under this
18Article X.
19    The Illinois Department may send a written request for the
20same information to the relative's employer. The employer shall
21respond to the request for information within 15 days after the
22date the employer receives the request. If the employer
23willfully fails to fully respond within the 15-day period, the
24employer shall pay a penalty of $100 for each day that the
25response is not provided to the Illinois Department after the
2615-day period has expired. The penalty may be collected in a

 

 

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1civil action which may be brought against the employer in favor
2of the Illinois Department.
3    A written request for information sent to an employer
4pursuant to this Section shall consist of (i) a citation of
5this Section as the statutory authority for the request and for
6the employer's obligation to provide the requested
7information, (ii) a returnable form setting forth the
8employer's name and address and listing the name of the
9employee with respect to whom information is requested, and
10(iii) a citation of this Section as the statutory authority
11authorizing the employer to withhold a fee of up to $20 from
12the wages or income to be paid to each responsible relative for
13providing the information to the Illinois Department within the
1415-day period. If the employer is withholding support payments
15from the responsible relative's income pursuant to an order for
16withholding, the employer may withhold the fee provided for in
17this Section only after withholding support as required under
18the order. Any amounts withheld from the responsible relative's
19income for payment of support and the fee provided for in this
20Section shall not be in excess of the amounts permitted under
21the federal Consumer Credit Protection Act.
22    In a case receiving child support enforcement services, the
23Illinois Department may request and obtain information from a
24particular employer under this Section no more than once in any
2512-month period, unless the information is necessary to conduct
26a review of a court or administrative order for support at the

 

 

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1request of the person receiving child support enforcement
2services.
3    The Illinois Department shall establish and maintain an
4administrative unit to receive and transmit to the Child and
5Spouse Support Unit information supplied by persons applying
6for or receiving child support enforcement services under
7Section 10-1. In addition, the Illinois Department shall
8address and respond to any alleged deficiencies that persons
9receiving or applying for services from the Child and Spouse
10Support Unit may identify concerning the Child and Spouse
11Support Unit's provision of child support enforcement
12services. Within 60 days after an action or failure to act by
13the Child and Spouse Support Unit that affects his or her case,
14a recipient of or applicant for child support enforcement
15services under Article X of this Code may request an
16explanation of the Unit's handling of the case. At the
17requestor's option, the explanation may be provided either
18orally in an interview, in writing, or both. If the Illinois
19Department fails to respond to the request for an explanation
20or fails to respond in a manner satisfactory to the applicant
21or recipient within 30 days from the date of the request for an
22explanation, the applicant or recipient may request a
23conference for further review of the matter by the Office of
24the Administrator of the Child and Spouse Support Unit. A
25request for a conference may be submitted at any time within 60
26days after the explanation has been provided by the Child and

 

 

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1Spouse Support Unit or within 60 days after the time for
2providing the explanation has expired.
3    The applicant or recipient may request a conference
4concerning any decision denying or terminating child support
5enforcement services under Article X of this Code, and the
6applicant or recipient may also request a conference concerning
7the Unit's failure to provide services or the provision of
8services in an amount or manner that is considered inadequate.
9For purposes of this Section, the Child and Spouse Support Unit
10includes all local governmental units or individuals with whom
11the Illinois Department has contracted under Section 10-3.1.
12    Upon receipt of a timely request for a conference, the
13Office of the Administrator shall review the case. The
14applicant or recipient requesting the conference shall be
15entitled, at his or her option, to appear in person or to
16participate in the conference by telephone. The applicant or
17recipient requesting the conference shall be entitled to be
18represented and to be afforded a reasonable opportunity to
19review the Illinois Department's file before or at the
20conference. At the conference, the applicant or recipient
21requesting the conference shall be afforded an opportunity to
22present all relevant matters in support of his or her claim.
23Conferences shall be without cost to the applicant or recipient
24requesting the conference and shall be conducted by a
25representative of the Child or Spouse Support Unit who did not
26participate in the action or inaction being reviewed.

 

 

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1    The Office of the Administrator shall conduct a conference
2and inform all interested parties, in writing, of the results
3of the conference within 60 days from the date of filing of the
4request for a conference.
5    In addition to its other powers and responsibilities
6established by this Article, the Child and Spouse Support Unit
7shall conduct an annual assessment of each institution's
8program for institution based paternity establishment under
9Section 12 of the Vital Records Act.
10(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16,
11eff. 6-28-01; 92-590, eff. 7-1-02.)
 
12    (305 ILCS 5/10-16.7)
13    Sec. 10-16.7. Child support enforcement debit
14authorization.
15    (a) For purposes of this Section:
16    "Financial institution" and "account" are defined as set
17forth in Section 10-24.
18    "Payor" is defined as set forth in Section 15 of the Income
19Withholding for Support Act.
20    "Order for support" means any order for periodic payment of
21funds to the State Disbursement Unit for the support of a child
22or, where applicable, for support of a child and a parent with
23whom the child resides, that is entered or modified under this
24Code or under the Illinois Marriage and Dissolution of Marriage
25Act, the Non-Support of Spouse and Children Act, the

 

 

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1Non-Support Punishment Act, or the Illinois Parentage Act of
21984, or the Illinois Parentage Act of 2015, or that is entered
3or registered for modification or enforcement under the Uniform
4Interstate Family Support Act.
5    "Obligor" means an individual who owes a duty to make
6payments under an order for support in a case in which child
7support enforcement services are being provided under this
8Article X.
9    (b) The Department of Public Aid (now Healthcare and Family
10Services) shall adopt a child support enforcement debit
11authorization form that, upon being signed by an obligor,
12authorizes a financial institution holding an account on the
13obligor's behalf to debit the obligor's account periodically in
14an amount equal to the amount of child support that the obligor
15is required to pay periodically and transfer that amount to the
16State Disbursement Unit. The form shall include instructions to
17the financial institution concerning the debiting of accounts
18held on behalf of obligors and the transfer of the debited
19amounts to the State Disbursement Unit. In adopting the form,
20the Department may consult with the Office of Banks and Real
21Estate and the Department of Financial Institutions. The
22Department must adopt the form within 6 months after the
23effective date of this amendatory Act of the 93rd General
24Assembly. Promptly after adopting the form, the Department must
25notify each financial institution conducting business in this
26State that the form has been adopted and is ready for use.

 

 

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1    (c) An obligor who does not have a payor may sign a child
2support debit authorization form adopted by the Department
3under this Section. The obligor may sign a form in relation to
4any or all of the financial institutions holding an account on
5the obligor's behalf. Promptly after an obligor signs a child
6support debit authorization form, the Department shall send the
7original signed form to the appropriate financial institution.
8Subject to subsection (e), upon receiving the form, the
9financial institution shall debit the account and transfer the
10debited amounts to the State Disbursement Unit according to the
11instructions in the form. A financial institution that complies
12with a child support debit authorization form signed by an
13obligor and issued under this Section shall not be subject to
14civil liability with respect to any individual or any agency.
15    (d) The signing and issuance of a child support debit
16authorization form under this Section does not relieve the
17obligor from responsibility for compliance with any
18requirement under the order for support.
19    (e) A financial institution is obligated to debit the
20account of an obligor pursuant to this Section only if or to
21the extent:
22        (1) the financial institution reasonably believes the
23    debit authorization form is a true and authentic original
24    document;     
25        (2) there are finally collected funds in the account;
26    and

 

 

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1        (3) the account is not subject to offsetting claims of
2    the financial institution, whether due at the time of
3    receipt of the debit authorization form or thereafter to
4    become due and whether liquidated or unliquidated.
5    To the extent the account of the obligor is pledged or held
6by the financial institution as security for a loan or other
7obligation, or that the financial institution has any other
8claim or lien against the account, the financial institution is
9entitled to retain the account.
10(Source: P.A. 95-331, eff. 8-21-07.)
 
11    (305 ILCS 5/10-17)  (from Ch. 23, par. 10-17)
12    Sec. 10-17. Other Actions and Remedies for Support. The
13procedures, actions and remedies provided in this Article shall
14in no way be exclusive, but shall be available in addition to
15other actions and remedies of support, including, but not by
16way of limitation, the remedies provided in (a) the Illinois
17Parentage Act of 2015 "Paternity Act", approved July 5, 1957,
18as amended; (b) the "Non-Support of Spouse and Children Act",
19approved June 24, 1915, as amended; (b-5) the Non-Support
20Punishment Act; and (c) the "Revised Uniform Reciprocal
21Enforcement of Support Act", approved August 28, 1969, as
22amended.
23(Source: P.A. 91-613, eff. 10-1-99.)
 
24    (305 ILCS 5/10-17.7)

 

 

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1    Sec. 10-17.7. Administrative determination of paternity.
2The Illinois Department may provide by rule for the
3administrative determination of paternity by the Child and
4Spouse Support Unit in cases involving applicants for or
5recipients of financial aid under Article IV of this Act and
6other persons who are given access to the child support
7enforcement services of this Article as provided in Section
810-1, including persons similarly situated and receiving
9similar services in other states. The rules shall extend to
10cases in which the mother and alleged father voluntarily
11acknowledge paternity in the form required by the Illinois
12Department or agree to be bound by the results of genetic
13testing or in which the alleged father has failed to respond to
14a notification of support obligation issued under Section 10-4
15and to cases of contested paternity. The Illinois Department's
16form for voluntary acknowledgement of paternity shall be the
17same form prepared by the Illinois Department for use under the
18requirements of Section 12 of the Vital Records Act. Any
19presumption provided for under the Illinois Parentage Act of
201984 or under the Illinois Parentage Act of 2015 on and after
21the effective date of that Act shall apply to cases in which
22paternity is determined under the rules of the Illinois
23Department. The rules shall provide for notice and an
24opportunity to be heard by the responsible relative and the
25person receiving child support enforcement services under this
26Article if paternity is not voluntarily acknowledged, and any

 

 

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1final administrative decision rendered by the Illinois
2Department shall be reviewed only under and in accordance with
3the Administrative Review Law. Determinations of paternity
4made by the Illinois Department under the rules authorized by
5this Section shall have the full force and effect of a court
6judgment of paternity entered under the Illinois Parentage Act
7of 1984 or under the Illinois Parentage Act of 2015.
8    In determining paternity in contested cases, the Illinois
9Department shall conduct the evidentiary hearing in accordance
10with Article 4 of the Illinois Parentage Act of 2015 Section 11
11of the Parentage Act of 1984, except that references in that
12Article Section to "the court" shall be deemed to mean the
13Illinois Department's hearing officer in cases in which
14paternity is determined administratively by the Illinois
15Department.
16    Notwithstanding any other provision of this Article, a
17default determination of paternity may be made if service of
18the notice under Section 10-4 was made by publication under the
19rules for administrative paternity determination authorized by
20this Section. The rules as they pertain to service by
21publication shall (i) be based on the provisions of Section
222-206 and 2-207 of the Code of Civil Procedure, (ii) provide
23for service by publication in cases in which the whereabouts of
24the alleged father are unknown after diligent location efforts
25by the Child and Spouse Support Unit, and (iii) provide for
26publication of a notice of default paternity determination in

 

 

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1the same manner that the notice under Section 10-4 was
2published.
3    The Illinois Department may implement this Section through
4the use of emergency rules in accordance with Section 5-45 of
5the Illinois Administrative Procedure Act. For purposes of the
6Illinois Administrative Procedure Act, the adoption of rules to
7implement this Section shall be considered an emergency and
8necessary for the public interest, safety, and welfare.
9(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
 
10    (305 ILCS 5/10-19)  (from Ch. 23, par. 10-19)
11    Sec. 10-19. Support Payments Ordered Under Other Laws;
12where deposited. The Illinois Department and local
13governmental units are authorized to receive payments directed
14by court order for the support of recipients, as provided in
15the following Acts:
16    1. "Non-Support of Spouse and Children Act", approved June
1724, 1915, as amended,
18    1.5. The Non-Support Punishment Act,
19    2. "Illinois Marriage and Dissolution of Marriage Act", as
20now or hereafter amended,
21    3. The Illinois Parentage Act, as amended,
22    3.5. The Illinois Parentage Act of 2015,
23    4. "Revised Uniform Reciprocal Enforcement of Support
24Act", approved August 28, 1969, as amended,
25    5. The Juvenile Court Act or the Juvenile Court Act of

 

 

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11987, as amended,
2    6. The "Unified Code of Corrections", approved July 26,
31972, as amended,
4    7. Part 7 of Article XII of the Code of Civil Procedure, as
5amended,
6    8. Part 8 of Article XII of the Code of Civil Procedure, as
7amended, and
8    9. Other laws which may provide by judicial order for
9direct payment of support moneys.
10    Payments under this Section to the Illinois Department
11pursuant to the Child Support Enforcement Program established
12by Title IV-D of the Social Security Act shall be paid into the
13Child Support Enforcement Trust Fund. All payments under this
14Section to the Illinois Department of Human Services shall be
15deposited in the DHS Recoveries Trust Fund. Disbursements from
16these funds shall be as provided in Sections 12-9.1 and 12-10.2
17of this Code. Payments received by a local governmental unit
18shall be deposited in that unit's General Assistance Fund.
19    To the extent the provisions of this Section are
20inconsistent with the requirements pertaining to the State
21Disbursement Unit under Sections 10-10.4 and 10-26 of this
22Code, the requirements pertaining to the State Disbursement
23Unit shall apply.
24(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
25eff. 10-1-99; 92-16, eff. 6-28-01.)
 

 

 

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1    (305 ILCS 5/10-25)
2    Sec. 10-25. Administrative liens and levies on real
3property for past-due child support.
4    (a) Notwithstanding any other State or local law to the
5contrary, the State shall have a lien on all legal and
6equitable interests of responsible relatives in their real
7property in the amount of past-due child support owing pursuant
8to an order for child support entered under Sections 10-10 and
910-11 of this Code, or under the Illinois Marriage and
10Dissolution of Marriage Act, the Non-Support of Spouse and
11Children Act, the Non-Support Punishment Act, the Uniform
12Interstate Family Support Act, or the Illinois Parentage Act of
131984, or the Illinois Parentage Act of 2015.
14    (b) The Illinois Department shall provide by rule for
15notice to and an opportunity to be heard by each responsible
16relative affected, and any final administrative decision
17rendered by the Illinois Department shall be reviewed only
18under and in accordance with the Administrative Review Law.
19    (c) When enforcing a lien under subsection (a) of this
20Section, the Illinois Department shall have the authority to
21execute notices of administrative liens and levies, which shall
22contain the name and address of the responsible relative, a
23legal description of the real property to be levied, the fact
24that a lien is being claimed for past-due child support, and
25such other information as the Illinois Department may by rule
26prescribe. The Illinois Department shall record the notice of

 

 

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1lien with the recorder or registrar of titles of the county or
2counties in which the real estate is located.
3    (d) The State's lien under subsection (a) shall be
4enforceable upon the recording or filing of a notice of lien
5with the recorder or registrar of titles of the county or
6counties in which the real estate is located. The lien shall be
7prior to any lien thereafter recorded or filed and shall be
8notice to a subsequent purchaser, assignor, or encumbrancer of
9the existence and nature of the lien. The lien shall be
10inferior to the lien of general taxes, special assessment, and
11special taxes heretofore or hereafter levied by any political
12subdivision or municipal corporation of the State.
13    In the event that title to the land to be affected by the
14notice of lien is registered under the Registered Titles
15(Torrens) Act, the notice shall be filed in the office of the
16registrar of titles as a memorial or charge upon each folium of
17the register of titles affected by the notice; but the State
18shall not have a preference over the rights of any bona fide
19purchaser, mortgagee, judgment creditor, or other lien holders
20registered prior to the registration of the notice.
21    (e) The recorder or registrar of titles of each county
22shall procure a file labeled "Child Support Lien Notices" and
23an index book labeled "Child Support Lien Notices". When notice
24of any lien is presented to the recorder or registrar of titles
25for filing, the recorder or registrar of titles shall file it
26in numerical order in the file and shall enter it

 

 

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1alphabetically in the index. The entry shall show the name and
2last known address of the person named in the notice, the
3serial number of the notice, the date and hour of filing, and
4the amount of child support due at the time when the lien is
5filed.
6    (f) The Illinois Department shall not be required to
7furnish bond or make a deposit for or pay any costs or fees of
8any court or officer thereof in any legal proceeding involving
9the lien.
10    (g) To protect the lien of the State for past-due child
11support, the Illinois Department may, from funds that are
12available for that purpose, pay or provide for the payment of
13necessary or essential repairs, purchase tax certificates, pay
14balances due on land contracts, or pay or cause to be satisfied
15any prior liens on the property to which the lien hereunder
16applies.
17    (h) A lien on real property under this Section shall be
18released pursuant to Section 12-101 of the Code of Civil
19Procedure.
20    (i) The Illinois Department, acting in behalf of the State,
21may foreclose the lien in a judicial proceeding to the same
22extent and in the same manner as in the enforcement of other
23liens. The process, practice, and procedure for the foreclosure
24shall be the same as provided in the Code of Civil Procedure.
25(Source: P.A. 97-186, eff. 7-22-11.)
 

 

 

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1    (305 ILCS 5/10-25.5)
2    Sec. 10-25.5. Administrative liens and levies on personal
3property for past-due child support.
4    (a) Notwithstanding any other State or local law to the
5contrary, the State shall have a lien on all legal and
6equitable interests of responsible relatives in their personal
7property, including any account in a financial institution as
8defined in Section 10-24, or in the case of an insurance
9company or benefit association only in accounts as defined in
10Section 10-24, in the amount of past-due child support owing
11pursuant to an order for child support entered under Sections
1210-10 and 10-11 of this Code, or under the Illinois Marriage
13and Dissolution of Marriage Act, the Non-Support of Spouse and
14Children Act, the Non-Support Punishment Act, the Uniform
15Interstate Family Support Act, or the Illinois Parentage Act of
161984, or the Illinois Parentage Act of 2015.
17    (b) The Illinois Department shall provide by rule for
18notice to and an opportunity to be heard by each responsible
19relative affected, and any final administrative decision
20rendered by the Illinois Department shall be reviewed only
21under and in accordance with the Administrative Review Law.
22    (c) When enforcing a lien under subsection (a) of this
23Section, the Illinois Department shall have the authority to
24execute notices of administrative liens and levies, which shall
25contain the name and address of the responsible relative, a
26description of the property to be levied, the fact that a lien

 

 

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1is being claimed for past-due child support, and such other
2information as the Illinois Department may by rule prescribe.
3The Illinois Department may serve the notice of lien or levy
4upon any financial institution where the accounts as defined in
5Section 10-24 of the responsible relative may be held, for
6encumbrance or surrender of the accounts as defined in Section
710-24 by the financial institution.
8    (d) The Illinois Department shall enforce its lien against
9the responsible relative's personal property, other than
10accounts as defined in Section 10-24 in financial institutions,
11and levy upon such personal property in the manner provided for
12enforcement of judgments contained in Article XII of the Code
13of Civil Procedure.
14    (e) The Illinois Department shall not be required to
15furnish bond or make a deposit for or pay any costs or fees of
16any court or officer thereof in any legal proceeding involving
17the lien.
18    (f) To protect the lien of the State for past-due child
19support, the Illinois Department may, from funds that are
20available for that purpose, pay or provide for the payment of
21necessary or essential repairs, purchase tax certificates, or
22pay or cause to be satisfied any prior liens on the property to
23which the lien hereunder applies.
24    (g) A lien on personal property under this Section shall be
25released in the manner provided under Article XII of the Code
26of Civil Procedure. Notwithstanding the foregoing, a lien under

 

 

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1this Section on accounts as defined in Section 10-24 shall
2expire upon the passage of 120 days from the date of issuance
3of the Notice of Lien or Levy by the Illinois Department.
4However, the lien shall remain in effect during the pendency of
5any appeal or protest.
6    (h) A lien created under this Section is subordinate to any
7prior lien of the financial institution or any prior lien
8holder or any prior right of set-off that the financial
9institution may have against the assets, or in the case of an
10insurance company or benefit association only in the accounts
11as defined in Section 10-24.
12    (i) A financial institution has no obligation under this
13Section to hold, encumber, or surrender the assets, or in the
14case of an insurance company or benefit association only the
15accounts as defined in Section 10-24, until the financial
16institution has been properly served with a subpoena, summons,
17warrant, court or administrative order, or administrative lien
18and levy requiring that action.
19(Source: P.A. 97-186, eff. 7-22-11.)
 
20    (305 ILCS 5/10-27)
21    Sec. 10-27. State Case Registry.
22    (a) The Illinois Department shall establish an automated
23State Case Registry to contain records concerning child support
24orders for parties receiving child support enforcement
25services under this Article X, and for all child support orders

 

 

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1entered or modified on or after October 1, 1998. The State Case
2Registry shall include (i) the information filed with the
3Illinois Department, or filed with the clerk of the circuit
4court and provided to the Illinois Department, under the
5provisions of Sections 10-10.5 and 10-11.2 of this Code,
6Section 505.3 of the Illinois Marriage and Dissolution of
7Marriage Act, Section 30 of the Non-Support Punishment Act, and
8Section 803 of the Illinois Parentage Act of 2015, and Section
914.1 of the Illinois Parentage Act of 1984, and (ii) any other
10information required under Title IV, Part D of the Social
11Security Act or by the federal Department of Health and Human
12Services.
13    (b) (Blank).
14    (c) The Illinois Department shall maintain the following
15payment information on child support orders for parties
16receiving child support enforcement services under this
17Article X:
18        (1) the amount of monthly or other periodic support
19    owed under the order and other amounts, including
20    arrearages, interest or late payment penalties, and fees,
21    due or overdue under the order;
22        (2) any amounts described in subdivision (1) of
23    subsection (d) that have been collected;
24        (3) the distribution of the collected amounts; and
25        (4) the amount of any lien imposed with respect to the
26    order pursuant to Section 10-25 or Section 10-25.5 of this

 

 

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1    Code.
2    (d) The Illinois Department shall establish, update,
3maintain, and monitor case records in the Registry of parties
4receiving child support enforcement services under this
5Article X, on the bases of:
6        (1) information on administrative actions and
7    administrative and judicial proceedings and orders
8    relating to paternity and support;
9        (2) information obtained from comparison with federal,
10    State, and local sources of information;
11        (3) information on support collections and
12    distribution; and
13        (4) any other relevant information.
14    (e) The Illinois Department shall use the automated State
15Case Registry to share and compare information with, and
16receive information from, other data bases and information
17comparison services in order to obtain (or provide) information
18necessary to enable the Illinois Department (or the federal
19Department of Health and Human Services or other State or
20federal agencies) to carry out the requirements of the child
21support enforcement program established under Title IV, Part D
22of the Social Security Act. Such information comparison
23activities shall include the following:
24        (1) Furnishing to the Federal Case Registry of Child
25    Support Orders (and updating as necessary, with
26    information including notice of expiration of orders) the

 

 

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1    information specified by the federal Department of Health
2    and Human Services in regulations.
3        (2) Exchanging information with the Federal Parent
4    Locator Service for the purposes specified in Section 453
5    of the Social Security Act.
6        (3) Exchanging information with State agencies (of
7    this State and of other states) administering programs
8    funded under Title IV, Part A and Title XIX of the Social
9    Security Act and other programs designated by the federal
10    Department of Health and Human Services, as necessary to
11    perform responsibilities under Title IV, Part D of the
12    Social Security Act and under such other programs.
13        (4) Exchanging information with other agencies of this
14    State, agencies of other states, and interstate
15    information networks, as necessary and appropriate to
16    carry out (or assist other states to carry out) the
17    purposes of Title IV, Part D of the Social Security Act.
18        (5) Disclosing information to any other entities as
19    required under Title IV, Part D of the Social Security Act.
20    (f) The Illinois Department shall adopt rules establishing
21safeguards, applicable to all confidential information
22included in the State Case Registry, that are designed to
23protect the privacy rights of persons concerning whom
24information is on record in the State Case Registry. Such
25safeguards shall include, but not be limited to the following:
26        (1) Prohibitions against the release of information on

 

 

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1    the whereabouts of one party or the child to another party
2    against whom a protective order with respect to the former
3    party or the child has been entered.
4        (2) Prohibitions against the release of information on
5    the whereabouts of one party or the child to another party
6    if the Illinois Department has reasonable evidence of
7    domestic violence or child abuse (that is, allegations of
8    domestic violence or child abuse, unless the Illinois
9    Department has an independent, reasonable basis to find the
10    person making the allegation not credible) to the former
11    party or child by the party requesting information.
12        (3) Prohibitions against the release of information on
13    the whereabouts of one party or the child to another person
14    if the Illinois Department has reason to believe the
15    release of information to that person may result in
16    physical or emotional harm to the party or child.
17(Source: P.A. 92-463, eff. 8-22-01.)
 
18    (305 ILCS 5/12-4.7c)
19    Sec. 12-4.7c. Exchange of information after July 1, 1997.
20    (a) The Department of Human Services shall exchange with
21the Department of Healthcare and Family Services information
22that may be necessary for the enforcement of child support
23orders entered pursuant to Sections 10-10 and 10-11 of this
24Code or pursuant to the Illinois Marriage and Dissolution of
25Marriage Act, the Non-Support of Spouse and Children Act, the

 

 

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1Non-Support Punishment Act, the Revised Uniform Reciprocal
2Enforcement of Support Act, the Uniform Interstate Family
3Support Act, or the Illinois Parentage Act of 1984, or the
4Illinois Parentage Act of 2015.
5    (b) Notwithstanding any provisions in this Code to the
6contrary, the Department of Human Services shall not be liable
7to any person for any disclosure of information to the
8Department of Healthcare and Family Services (formerly
9Illinois Department of Public Aid) under subsection (a) or for
10any other action taken in good faith to comply with the
11requirements of subsection (a).
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    Section 957. The Genetic Information Privacy Act is amended
14by changing Sections 22 and 30 as follows:
 
15    (410 ILCS 513/22)
16    Sec. 22. Tests to determine inherited characteristics in
17paternity proceedings. Nothing in this Act shall be construed
18to affect or restrict in any way the ordering of or use of
19results from deoxyribonucleic acid (DNA) testing or other tests
20to determine inherited characteristics by the court in a
21judicial proceeding under the Illinois Parentage Act of 1984 or
22under the Illinois Parentage Act of 2015 on and after the
23effective date of that Act or by the Department of Healthcare
24and Family Services in an administrative paternity proceeding

 

 

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1under Article X of the Illinois Public Aid Code and rules
2promulgated under that Article.
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    (410 ILCS 513/30)
5    Sec. 30. Disclosure of person tested and test results.
6    (a) No person may disclose or be compelled to disclose the
7identity of any person upon whom a genetic test is performed or
8the results of a genetic test in a manner that permits
9identification of the subject of the test, except to the
10following persons:
11        (1) The subject of the test or the subject's legally
12    authorized representative. This paragraph does not create
13    a duty or obligation under which a health care provider
14    must notify the subject's spouse or legal guardian of the
15    test results, and no such duty or obligation shall be
16    implied. No civil liability or criminal sanction under this
17    Act shall be imposed for any disclosure or nondisclosure of
18    a test result to a spouse by a physician acting in good
19    faith under this paragraph. For the purpose of any
20    proceedings, civil or criminal, the good faith of any
21    physician acting under this paragraph shall be presumed.
22        (2) Any person designated in a specific written legally
23    effective authorization for release of the test results
24    executed by the subject of the test or the subject's
25    legally authorized representative.

 

 

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1        (3) An authorized agent or employee of a health
2    facility or health care provider if the health facility or
3    health care provider itself is authorized to obtain the
4    test results, the agent or employee provides patient care,
5    and the agent or employee has a need to know the
6    information in order to conduct the tests or provide care
7    or treatment.
8        (4) A health facility, health care provider, or health
9    care professional that procures, processes, distributes,
10    or uses:
11            (A) a human body part from a deceased person with
12        respect to medical information regarding that person;
13        or
14            (B) semen provided prior to the effective date of
15        this Act for the purpose of artificial insemination.
16        (5) Health facility staff committees for the purposes
17    of conducting program monitoring, program evaluation, or
18    service reviews.
19        (6) In the case of a minor under 18 years of age, the
20    health care provider, health care professional, or health
21    facility who ordered the test shall make a reasonable
22    effort to notify the minor's parent or legal guardian if,
23    in the professional judgment of the health care provider,
24    health care professional, or health facility, notification
25    would be in the best interest of the minor and the health
26    care provider, health care professional, or health

 

 

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1    facility has first sought unsuccessfully to persuade the
2    minor to notify the parent or legal guardian or after a
3    reasonable time after the minor has agreed to notify the
4    parent or legal guardian, the health care provider, health
5    care professional, or health facility has reason to believe
6    that the minor has not made the notification. This
7    paragraph shall not create a duty or obligation under which
8    a health care provider, health care professional, or health
9    facility must notify the minor's parent or legal guardian
10    of the test results, nor shall a duty or obligation be
11    implied. No civil liability or criminal sanction under this
12    Act shall be imposed for any notification or
13    non-notification of a minor's test result by a health care
14    provider, health care professional, or health facility
15    acting in good faith under this paragraph. For the purpose
16    of any proceeding, civil or criminal, the good faith of any
17    health care provider, health care professional, or health
18    facility acting under this paragraph shall be presumed.
19    (b) All information and records held by a State agency,
20local health authority, or health oversight agency pertaining
21to genetic information shall be strictly confidential and
22exempt from copying and inspection under the Freedom of
23Information Act. The information and records shall not be
24released or made public by the State agency, local health
25authority, or health oversight agency and shall not be
26admissible as evidence nor discoverable in any action of any

 

 

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1kind in any court or before any tribunal, board, agency, or
2person and shall be treated in the same manner as the
3information and those records subject to the provisions of Part
421 of Article VIII of the Code of Civil Procedure except under
5the following circumstances:
6            (A) when made with the written consent of all
7        persons to whom the information pertains;
8            (B) when authorized by Section 5-4-3 of the Unified
9        Code of Corrections;
10            (C) when made for the sole purpose of implementing
11        the Newborn Metabolic Screening Act and rules; or
12            (D) when made under the authorization of the
13        Illinois Parentage Act of 2015 1984.
14    Disclosure shall be limited to those who have a need to
15know the information, and no additional disclosures may be
16made.
17    (c) Disclosure by an insurer in accordance with the
18requirements of the Article XL of the Illinois Insurance Code
19shall be deemed compliance with this Section.
20(Source: P.A. 98-1046, eff. 1-1-15.)
 
21    Section 958. The Vital Records Act is amended by changing
22Sections 12 and 24 as follows:
 
23    (410 ILCS 535/12)
24    Sec. 12. Live births; place of registration.

 

 

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1    (1) Each live birth which occurs in this State shall be
2registered with the local or subregistrar of the district in
3which the birth occurred as provided in this Section, within 7
4days after the birth. When a birth occurs on a moving
5conveyance, the city, village, township, or road district in
6which the child is first removed from the conveyance shall be
7considered the place of birth and a birth certificate shall be
8filed in the registration district in which the place is
9located.
10    (2) When a birth occurs in an institution, the person in
11charge of the institution or his designated representative
12shall obtain and record all the personal and statistical
13particulars relative to the parents of the child that are
14required to properly complete the live birth certificate; shall
15secure the required personal signatures on the hospital
16worksheet; shall prepare the certificate from this worksheet;
17and shall file the certificate with the local registrar. The
18institution shall retain the hospital worksheet permanently or
19as otherwise specified by rule. The physician in attendance
20shall verify or provide the date of birth and medical
21information required by the certificate, within 24 hours after
22the birth occurs.
23    (3) When a birth occurs outside an institution, the
24certificate shall be prepared and filed by one of the following
25in the indicated order of priority:
26        (a) The physician in attendance at or immediately after

 

 

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1    the birth, or in the absence of such a person,
2        (b) Any other person in attendance at or immediately
3    after the birth, or in the absence of such a person,
4        (c) The father, the mother, or in the absence of the
5    father and the inability of the mother, the person in
6    charge of the premises where the birth occurred.
7    (4) Unless otherwise provided in this Act, if the mother
8was not married to the father of the child at either the time
9of conception or the time of birth, the name of the father
10shall be entered on the child's birth certificate only if the
11mother and the person to be named as the father have signed an
12acknowledgment of parentage in accordance with subsection (5).
13    Unless otherwise provided in this Act, if the mother was
14married at the time of conception or birth and the presumed
15father (that is, the mother's husband) is not the biological
16father of the child, the name of the biological father shall be
17entered on the child's birth certificate only if, in accordance
18with subsection (5), (i) the mother and the person to be named
19as the father have signed an acknowledgment of parentage and
20(ii) the mother and presumed father have signed a denial of
21paternity.
22    (5) Upon the birth of a child to an unmarried woman, or
23upon the birth of a child to a woman who was married at the time
24of conception or birth and whose husband is not the biological
25father of the child, the institution at the time of birth and
26the local registrar or county clerk after the birth shall do

 

 

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1the following:
2        (a) Provide (i) an opportunity for the child's mother
3    and father to sign an acknowledgment of parentage and (ii)
4    if the presumed father is not the biological father, an
5    opportunity for the mother and presumed father to sign a
6    denial of paternity. The signing and witnessing of the
7    acknowledgment of parentage or, if the presumed father of
8    the child is not the biological father, the acknowledgment
9    of parentage and denial of paternity conclusively
10    establishes a parent and child relationship in accordance
11    with Sections 5 and 6 of the Illinois Parentage Act of 1984
12    and with the Illinois Parentage Act of 2015 on and after
13    the effective date of that Act.
14        The Department of Healthcare and Family Services shall
15    furnish the acknowledgment of parentage and denial of
16    paternity form to institutions, county clerks, and State
17    and local registrars' offices. The form shall include
18    instructions to send the original signed and witnessed
19    acknowledgment of parentage and denial of paternity to the
20    Department of Healthcare and Family Services. The
21    acknowledgement of paternity and denial of paternity form
22    shall also include a statement informing the mother, the
23    alleged father, and the presumed father, if any, that they
24    have the right to request deoxyribonucleic acid (DNA) tests
25    regarding the issue of the child's paternity and that by
26    signing the form, they expressly waive such tests. The

 

 

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1    statement shall be set forth in bold-face capital letters
2    not less than 0.25 inches in height.
3        (b) Provide the following documents, furnished by the
4    Department of Healthcare and Family Services, to the
5    child's mother, biological father, and (if the person
6    presumed to be the child's father is not the biological
7    father) presumed father for their review at the time the
8    opportunity is provided to establish a parent and child
9    relationship:
10            (i) An explanation of the implications of,
11        alternatives to, legal consequences of, and the rights
12        and responsibilities that arise from signing an
13        acknowledgment of parentage and, if necessary, a
14        denial of paternity, including an explanation of the
15        parental rights and responsibilities of child support,
16        visitation, custody, retroactive support, health
17        insurance coverage, and payment of birth expenses.
18            (ii) An explanation of the benefits of having a
19        child's parentage established and the availability of
20        parentage establishment and child support enforcement
21        services.
22            (iii) A request for an application for child
23        support enforcement services from the Department of
24        Healthcare and Family Services.
25            (iv) Instructions concerning the opportunity to
26        speak, either by telephone or in person, with staff of

 

 

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1        the Department of Healthcare and Family Services who
2        are trained to clarify information and answer
3        questions about paternity establishment.
4            (v) Instructions for completing and signing the
5        acknowledgment of parentage and denial of paternity.
6        (c) Provide an oral explanation of the documents and
7    instructions set forth in subdivision (5)(b), including an
8    explanation of the implications of, alternatives to, legal
9    consequences of, and the rights and responsibilities that
10    arise from signing an acknowledgment of parentage and, if
11    necessary, a denial of paternity. The oral explanation may
12    be given in person or through the use of video or audio
13    equipment.
14    (6) The institution, State or local registrar, or county
15clerk shall provide an opportunity for the child's father or
16mother to sign a rescission of parentage. The signing and
17witnessing of the rescission of parentage voids the
18acknowledgment of parentage and nullifies the presumption of
19paternity if executed and filed with the Department of
20Healthcare and Family Services (formerly Illinois Department
21of Public Aid) within the time frame contained in Section 5 of
22the Illinois Parentage Act of 1984 or Section 307 of the
23Illinois Parentage Act of 2015 on and after the effective date
24of that Act. The Department of Healthcare and Family Services
25shall furnish the rescission of parentage form to institutions,
26county clerks, and State and local registrars' offices. The

 

 

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1form shall include instructions to send the original signed and
2witnessed rescission of parentage to the Department of
3Healthcare and Family Services.
4    (7) An acknowledgment of paternity signed pursuant to
5Section 6 of the Illinois Parentage Act of 1984 or Section 302
6of the Illinois Parentage Act of 2015 on and after the
7effective date of that Act may be challenged in court only on
8the basis of fraud, duress, or material mistake of fact, with
9the burden of proof upon the challenging party. Pending outcome
10of a challenge to the acknowledgment of paternity, the legal
11responsibilities of the signatories shall remain in full force
12and effect, except upon order of the court upon a showing of
13good cause.
14    (8) When the process for acknowledgment of parentage as
15provided for under subsection (5) establishes the paternity of
16a child whose certificate of birth is on file in another state,
17the Department of Healthcare and Family Services shall forward
18a copy of the acknowledgment of parentage, the denial of
19paternity, if applicable, and the rescission of parentage, if
20applicable, to the birth record agency of the state where the
21child's certificate of birth is on file.
22    (9) In the event the parent-child relationship has been
23established in accordance with subdivision (a)(1) of Section 6
24of the Parentage Act of 1984, the names of the biological
25mother and biological father so established shall be entered on
26the child's birth certificate, and the names of the surrogate

 

 

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1mother and surrogate mother's husband, if any, shall not be on
2the birth certificate.
3(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
496-474, eff. 8-14-09; 96-1000, eff. 7-2-10.)
 
5    (410 ILCS 535/24)  (from Ch. 111 1/2, par. 73-24)
6    Sec. 24. (1) To protect the integrity of vital records, to
7insure their proper use, and to insure the efficient and proper
8administration of the vital records system, access to vital
9records, and indexes thereof, including vital records in the
10custody of local registrars and county clerks originating prior
11to January 1, 1916, is limited to the custodian and his
12employees, and then only for administrative purposes, except
13that the indexes of those records in the custody of local
14registrars and county clerks, originating prior to January 1,
151916, shall be made available to persons for the purpose of
16genealogical research. Original, photographic or
17microphotographic reproductions of original records of births
18100 years old and older and deaths 50 years old and older, and
19marriage records 75 years old and older on file in the State
20Office of Vital Records and in the custody of the county clerks
21may be made available for inspection in the Illinois State
22Archives reference area, Illinois Regional Archives
23Depositories, and other libraries approved by the Illinois
24State Registrar and the Director of the Illinois State
25Archives, provided that the photographic or microphotographic

 

 

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1copies are made at no cost to the county or to the State of
2Illinois. It is unlawful for any custodian to permit inspection
3of, or to disclose information contained in, vital records, or
4to copy or permit to be copied, all or part of any such record
5except as authorized by this Act or regulations adopted
6pursuant thereto.
7    (2) The State Registrar of Vital Records, or his agent, and
8any municipal, county, multi-county, public health district,
9or regional health officer recognized by the Department may
10examine vital records for the purpose only of carrying out the
11public health programs and responsibilities under his
12jurisdiction.
13    (3) The State Registrar of Vital Records, may disclose, or
14authorize the disclosure of, data contained in the vital
15records when deemed essential for bona fide research purposes
16which are not for private gain.
17    This amendatory Act of 1973 does not apply to any home rule
18unit.
19    (4) The State Registrar shall exchange with the Department
20of Healthcare and Family Services information that may be
21necessary for the establishment of paternity and the
22establishment, modification, and enforcement of child support
23orders entered pursuant to the Illinois Public Aid Code, the
24Illinois Marriage and Dissolution of Marriage Act, the
25Non-Support of Spouse and Children Act, the Non-Support
26Punishment Act, the Revised Uniform Reciprocal Enforcement of

 

 

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

 

 

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1    (b) Notwithstanding any provisions in this Code to the
2contrary, the Secretary of State shall not be liable to any
3person for any disclosure of information to the Department of
4Healthcare and Family Services (formerly Illinois Department
5of Public Aid) under subsection (a) or for any other action
6taken in good faith to comply with the requirements of
7subsection (a).
8(Source: P.A. 95-331, eff. 8-21-07.)
 
9    (625 ILCS 5/7-703)
10    Sec. 7-703. Courts to report non-payment of court ordered
11support or orders concerning driving privileges.
12    (a) The clerk of the circuit court, as provided in
13subsection (b) of Section 505 of the Illinois Marriage and
14Dissolution of Marriage Act or as provided in Section 15 of the
15Illinois Parentage Act of 2015 1984, shall forward to the
16Secretary of State, on a form prescribed by the Secretary, an
17authenticated document certifying the court's order suspending
18the driving privileges of the obligor. For any such
19certification, the clerk of the court shall charge the obligor
20a fee of $5 as provided in the Clerks of Courts Act.
21    (b) If an obligor has been adjudicated in arrears in court
22ordered child support payments in an amount equal to 90 days
23obligation or more but has not been held in contempt of court,
24the circuit court may order that the obligor's driving
25privileges be suspended. If the circuit court orders that the

 

 

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1obligor's driving privileges be suspended, it shall forward to
2the Secretary of State, on a form prescribed by the Secretary,
3an authenticated document certifying the court's order
4suspending the driving privileges of the obligor. The
5authenticated document shall be forwarded to the Secretary of
6State by the court no later than 45 days after entry of the
7order suspending the obligor's driving privileges.
8    (c) The clerk of the circuit court, as provided in
9subsection (c-1) of Section 607.1 of the Illinois Marriage and
10Dissolution of Marriage Act, shall forward to the Secretary of
11State, on a form prescribed by the Secretary, an authenticated
12document certifying the court's order suspending the driving
13privileges of the party. For any such certification, the clerk
14of the court shall charge the party a fee of $5 as provided in
15the Clerks of Courts Act.
16    (d) If a party has been adjudicated to have engaged in
17visitation abuse, the circuit court may order that the party's
18driving privileges be suspended. If the circuit court orders
19that the party's driving privileges be suspended, it shall
20forward to the Secretary of State, on a form prescribed by the
21Secretary, an authenticated document certifying the court's
22order suspending the driving privileges of the party. The
23authenticated document shall be forwarded to the Secretary of
24State by the court no later than 45 days after entry of the
25order suspending the party's driving privileges.
26(Source: P.A. 97-1047, eff. 8-21-12.)
 

 

 

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1    Section 960. The Clerks of Courts Act is amended by
2changing Section 27.1a as follows:
 
3    (705 ILCS 105/27.1a)  (from Ch. 25, par. 27.1a)
4    Sec. 27.1a. The fees of the clerks of the circuit court in
5all counties having a population of not more than 500,000
6inhabitants in the instances described in this Section shall be
7as provided in this Section. In those instances where a minimum
8and maximum fee is stated, the clerk of the circuit court must
9charge the minimum fee listed and may charge up to the maximum
10fee if the county board has by resolution increased the fee.
11The fees shall be paid in advance and shall be as follows:
12(a) Civil Cases.
13        The fee for filing a complaint, petition, or other
14    pleading initiating a civil action, with the following
15    exceptions, shall be a minimum of $40 and a maximum of
16    $160.
17            (A) When the amount of money or damages or the
18        value of personal property claimed does not exceed
19        $250, $10.
20            (B) When that amount exceeds $250 but does not
21        exceed $500, a minimum of $10 and a maximum of $20.
22            (C) When that amount exceeds $500 but does not
23        exceed $2500, a minimum of $25 and a maximum of $40.
24            (D) When that amount exceeds $2500 but does not

 

 

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1        exceed $15,000, a minimum of $25 and a maximum of $75.
2            (E) For the exercise of eminent domain, a minimum
3        of $45 and a maximum of $150. For each additional lot
4        or tract of land or right or interest therein subject
5        to be condemned, the damages in respect to which shall
6        require separate assessment by a jury, a minimum of $45
7        and a maximum of $150.
8(a-1) Family.
9        For filing a petition under the Juvenile Court Act of
10    1987, $25.
11        For filing a petition for a marriage license, $10.
12        For performing a marriage in court, $10.
13        For filing a petition under the Illinois Parentage Act
14    of 2015 1984, $40.
15(b) Forcible Entry and Detainer.
16        In each forcible entry and detainer case when the
17    plaintiff seeks possession only or unites with his or her
18    claim for possession of the property a claim for rent or
19    damages or both in the amount of $15,000 or less, a minimum
20    of $10 and a maximum of $50. When the plaintiff unites his
21    or her claim for possession with a claim for rent or
22    damages or both exceeding $15,000, a minimum of $40 and a
23    maximum of $160.
24(c) Counterclaim or Joining Third Party Defendant.
25        When any defendant files a counterclaim as part of his
26    or her answer or otherwise or joins another party as a

 

 

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1    third party defendant, or both, the defendant shall pay a
2    fee for each counterclaim or third party action in an
3    amount equal to the fee he or she would have had to pay had
4    he or she brought a separate action for the relief sought
5    in the counterclaim or against the third party defendant,
6    less the amount of the appearance fee, if that has been
7    paid.
8(d) Confession of Judgment.
9        In a confession of judgment when the amount does not
10    exceed $1500, a minimum of $20 and a maximum of $50. When
11    the amount exceeds $1500, but does not exceed $15,000, a
12    minimum of $40 and a maximum of $115. When the amount
13    exceeds $15,000, a minimum of $40 and a maximum of $200.
14(e) Appearance.
15        The fee for filing an appearance in each civil case
16    shall be a minimum of $15 and a maximum of $60, except as
17    follows:
18            (A) When the plaintiff in a forcible entry and
19        detainer case seeks possession only, a minimum of $10
20        and a maximum of $50.
21            (B) When the amount in the case does not exceed
22        $1500, a minimum of $10 and a maximum of $30.
23            (C) When that amount exceeds $1500 but does not
24        exceed $15,000, a minimum of $15 and a maximum of $60.
25(f) Garnishment, Wage Deduction, and Citation.
26        In garnishment affidavit, wage deduction affidavit,

 

 

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1    and citation petition when the amount does not exceed
2    $1,000, a minimum of $5 and a maximum of $15; when the
3    amount exceeds $1,000 but does not exceed $5,000, a minimum
4    of $5 and a maximum of $30; and when the amount exceeds
5    $5,000, a minimum of $5 and a maximum of $50.
6(g) Petition to Vacate or Modify.
7        (1) Petition to vacate or modify any final judgment or
8    order of court, except in forcible entry and detainer cases
9    and small claims cases or a petition to reopen an estate,
10    to modify, terminate, or enforce a judgment or order for
11    child or spousal support, or to modify, suspend, or
12    terminate an order for withholding, if filed before 30 days
13    after the entry of the judgment or order, a minimum of $20
14    and a maximum of $50.
15        (2) Petition to vacate or modify any final judgment or
16    order of court, except a petition to modify, terminate, or
17    enforce a judgment or order for child or spousal support or
18    to modify, suspend, or terminate an order for withholding,
19    if filed later than 30 days after the entry of the judgment
20    or order, a minimum of $20 and a maximum of $75.
21        (3) Petition to vacate order of bond forfeiture, a
22    minimum of $10 and a maximum of $40.
23(h) Mailing.
24        When the clerk is required to mail, the fee will be a
25    minimum of $2 and a maximum of $10, plus the cost of
26    postage.

 

 

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1(i) Certified Copies.
2        Each certified copy of a judgment after the first,
3    except in small claims and forcible entry and detainer
4    cases, a minimum of $2 and a maximum of $10.
5(j) Habeas Corpus.
6        For filing a petition for relief by habeas corpus, a
7    minimum of $60 and a maximum of $100.
8(k) Certification, Authentication, and Reproduction.
9        (1) Each certification or authentication for taking
10    the acknowledgment of a deed or other instrument in writing
11    with the seal of office, a minimum of $2 and a maximum of
12    $6.
13        (2) Court appeals when original documents are
14    forwarded, under 100 pages, plus delivery and costs, a
15    minimum of $20 and a maximum of $60.
16        (3) Court appeals when original documents are
17    forwarded, over 100 pages, plus delivery and costs, a
18    minimum of $50 and a maximum of $150.
19        (4) Court appeals when original documents are
20    forwarded, over 200 pages, an additional fee of a minimum
21    of 20 cents and a maximum of 25 cents per page.
22        (5) For reproduction of any document contained in the
23    clerk's files:
24            (A) First page, a minimum of $1 and a maximum of
25        $2.
26            (B) Next 19 pages, 50 cents per page.

 

 

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1            (C) All remaining pages, 25 cents per page.
2(l) Remands.
3        In any cases remanded to the Circuit Court from the
4    Supreme Court or the Appellate Court for a new trial, the
5    clerk shall file the remanding order and reinstate the case
6    with either its original number or a new number. The Clerk
7    shall not charge any new or additional fee for the
8    reinstatement. Upon reinstatement the Clerk shall advise
9    the parties of the reinstatement. A party shall have the
10    same right to a jury trial on remand and reinstatement as
11    he or she had before the appeal, and no additional or new
12    fee or charge shall be made for a jury trial after remand.
13(m) Record Search.
14        For each record search, within a division or municipal
15    district, the clerk shall be entitled to a search fee of a
16    minimum of $4 and a maximum of $6 for each year searched.
17(n) Hard Copy.
18        For each page of hard copy print output, when case
19    records are maintained on an automated medium, the clerk
20    shall be entitled to a fee of a minimum of $4 and a maximum
21    of $6.
22(o) Index Inquiry and Other Records.
23        No fee shall be charged for a single
24    plaintiff/defendant index inquiry or single case record
25    inquiry when this request is made in person and the records
26    are maintained in a current automated medium, and when no

 

 

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1    hard copy print output is requested. The fees to be charged
2    for management records, multiple case records, and
3    multiple journal records may be specified by the Chief
4    Judge pursuant to the guidelines for access and
5    dissemination of information approved by the Supreme
6    Court.
7(p) (Blank).
8(q) Alias Summons.
9        For each alias summons or citation issued by the clerk,
10    a minimum of $2 and a maximum of $5.
11(r) Other Fees.
12        Any fees not covered in this Section shall be set by
13    rule or administrative order of the Circuit Court with the
14    approval of the Administrative Office of the Illinois
15    Courts.
16        The clerk of the circuit court may provide additional
17    services for which there is no fee specified by statute in
18    connection with the operation of the clerk's office as may
19    be requested by the public and agreed to by the clerk and
20    approved by the chief judge of the circuit court. Any
21    charges for additional services shall be as agreed to
22    between the clerk and the party making the request and
23    approved by the chief judge of the circuit court. Nothing
24    in this subsection shall be construed to require any clerk
25    to provide any service not otherwise required by law.
26(s) Jury Services.

 

 

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1        The clerk shall be entitled to receive, in addition to
2    other fees allowed by law, the sum of a minimum of $62.50
3    and a maximum of $212.50, as a fee for the services of a
4    jury in every civil action not quasi-criminal in its nature
5    and not a proceeding for the exercise of the right of
6    eminent domain and in every other action wherein the right
7    of trial by jury is or may be given by law. The jury fee
8    shall be paid by the party demanding a jury at the time of
9    filing the jury demand. If the fee is not paid by either
10    party, no jury shall be called in the action or proceeding,
11    and the same shall be tried by the court without a jury.
12(t) Voluntary Assignment.
13        For filing each deed of voluntary assignment, a minimum
14    of $10 and a maximum of $20; for recording the same, a
15    minimum of 25 cents and a maximum of 50 cents for each 100
16    words. Exceptions filed to claims presented to an assignee
17    of a debtor who has made a voluntary assignment for the
18    benefit of creditors shall be considered and treated, for
19    the purpose of taxing costs therein, as actions in which
20    the party or parties filing the exceptions shall be
21    considered as party or parties plaintiff, and the claimant
22    or claimants as party or parties defendant, and those
23    parties respectively shall pay to the clerk the same fees
24    as provided by this Section to be paid in other actions.
25(u) Expungement Petition.
26        The clerk shall be entitled to receive a fee of a

 

 

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1    minimum of $15 and a maximum of $60 for each expungement
2    petition filed and an additional fee of a minimum of $2 and
3    a maximum of $4 for each certified copy of an order to
4    expunge arrest records.
5(v) Probate.
6        The clerk is entitled to receive the fees specified in
7    this subsection (v), which shall be paid in advance, except
8    that, for good cause shown, the court may suspend, reduce,
9    or release the costs payable under this subsection:
10        (1) For administration of the estate of a decedent
11    (whether testate or intestate) or of a missing person, a
12    minimum of $50 and a maximum of $150, plus the fees
13    specified in subsection (v)(3), except:
14            (A) When the value of the real and personal
15        property does not exceed $15,000, the fee shall be a
16        minimum of $25 and a maximum of $40.
17            (B) When (i) proof of heirship alone is made, (ii)
18        a domestic or foreign will is admitted to probate
19        without administration (including proof of heirship),
20        or (iii) letters of office are issued for a particular
21        purpose without administration of the estate, the fee
22        shall be a minimum of $10 and a maximum of $40.
23            (C) For filing a petition to sell Real Estate, $50.
24        (2) For administration of the estate of a ward, a
25    minimum of $50 and a maximum of $75, plus the fees
26    specified in subsection (v)(3), except:

 

 

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1            (A) When the value of the real and personal
2        property does not exceed $15,000, the fee shall be a
3        minimum of $25 and a maximum of $40.
4            (B) When (i) letters of office are issued to a
5        guardian of the person or persons, but not of the
6        estate or (ii) letters of office are issued in the
7        estate of a ward without administration of the estate,
8        including filing or joining in the filing of a tax
9        return or releasing a mortgage or consenting to the
10        marriage of the ward, the fee shall be a minimum of $10
11        and a maximum of $20.
12            (C) For filing a Petition to sell Real Estate, $50.
13        (3) In addition to the fees payable under subsection
14    (v)(1) or (v)(2) of this Section, the following fees are
15    payable:
16            (A) For each account (other than one final account)
17        filed in the estate of a decedent, or ward, a minimum
18        of $10 and a maximum of $25.
19            (B) For filing a claim in an estate when the amount
20        claimed is $150 or more but less than $500, a minimum
21        of $10 and a maximum of $25; when the amount claimed is
22        $500 or more but less than $10,000, a minimum of $10
23        and a maximum of $40; when the amount claimed is
24        $10,000 or more, a minimum of $10 and a maximum of $60;
25        provided that the court in allowing a claim may add to
26        the amount allowed the filing fee paid by the claimant.

 

 

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1            (C) For filing in an estate a claim, petition, or
2        supplemental proceeding based upon an action seeking
3        equitable relief including the construction or contest
4        of a will, enforcement of a contract to make a will,
5        and proceedings involving testamentary trusts or the
6        appointment of testamentary trustees, a minimum of $40
7        and a maximum of $60.
8            (D) For filing in an estate (i) the appearance of
9        any person for the purpose of consent or (ii) the
10        appearance of an executor, administrator,
11        administrator to collect, guardian, guardian ad litem,
12        or special administrator, no fee.
13            (E) Except as provided in subsection (v)(3)(D),
14        for filing the appearance of any person or persons, a
15        minimum of $10 and a maximum of $30.
16            (F) For each jury demand, a minimum of $62.50 and a
17        maximum of $137.50.
18            (G) For disposition of the collection of a judgment
19        or settlement of an action or claim for wrongful death
20        of a decedent or of any cause of action of a ward, when
21        there is no other administration of the estate, a
22        minimum of $30 and a maximum of $50, less any amount
23        paid under subsection (v)(1)(B) or (v)(2)(B) except
24        that if the amount involved does not exceed $5,000, the
25        fee, including any amount paid under subsection
26        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a

 

 

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1        maximum of $20.
2            (H) For each certified copy of letters of office,
3        of court order or other certification, a minimum of $1
4        and a maximum of $2, plus a minimum of 50 cents and a
5        maximum of $1 per page in excess of 3 pages for the
6        document certified.
7            (I) For each exemplification, a minimum of $1 and a
8        maximum of $2, plus the fee for certification.
9        (4) The executor, administrator, guardian, petitioner,
10    or other interested person or his or her attorney shall pay
11    the cost of publication by the clerk directly to the
12    newspaper.
13        (5) The person on whose behalf a charge is incurred for
14    witness, court reporter, appraiser, or other miscellaneous
15    fee shall pay the same directly to the person entitled
16    thereto.
17        (6) The executor, administrator, guardian, petitioner,
18    or other interested person or his or her attorney shall pay
19    to the clerk all postage charges incurred by the clerk in
20    mailing petitions, orders, notices, or other documents
21    pursuant to the provisions of the Probate Act of 1975.
22(w) Criminal and Quasi-Criminal Costs and Fees.
23        (1) The clerk shall be entitled to costs in all
24    criminal and quasi-criminal cases from each person
25    convicted or sentenced to supervision therein as follows:
26            (A) Felony complaints, a minimum of $40 and a

 

 

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1        maximum of $100.
2            (B) Misdemeanor complaints, a minimum of $25 and a
3        maximum of $75.
4            (C) Business offense complaints, a minimum of $25
5        and a maximum of $75.
6            (D) Petty offense complaints, a minimum of $25 and
7        a maximum of $75.
8            (E) Minor traffic or ordinance violations, $10.
9            (F) When court appearance required, $15.
10            (G) Motions to vacate or amend final orders, a
11        minimum of $20 and a maximum of $40.
12            (H) Motions to vacate bond forfeiture orders, a
13        minimum of $20 and a maximum of $40.
14            (I) Motions to vacate ex parte judgments, whenever
15        filed, a minimum of $20 and a maximum of $40.
16            (J) Motions to vacate judgment on forfeitures,
17        whenever filed, a minimum of $20 and a maximum of $40.
18            (K) Motions to vacate "failure to appear" or
19        "failure to comply" notices sent to the Secretary of
20        State, a minimum of $20 and a maximum of $40.
21        (2) In counties having a population of not more than
22    500,000 inhabitants, when the violation complaint is
23    issued by a municipal police department, the clerk shall be
24    entitled to costs from each person convicted therein as
25    follows:
26            (A) Minor traffic or ordinance violations, $10.

 

 

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1            (B) When court appearance required, $15.
2        (3) In ordinance violation cases punishable by fine
3    only, the clerk of the circuit court shall be entitled to
4    receive, unless the fee is excused upon a finding by the
5    court that the defendant is indigent, in addition to other
6    fees or costs allowed or imposed by law, the sum of a
7    minimum of $62.50 and a maximum of $137.50 as a fee for the
8    services of a jury. The jury fee shall be paid by the
9    defendant at the time of filing his or her jury demand. If
10    the fee is not so paid by the defendant, no jury shall be
11    called, and the case shall be tried by the court without a
12    jury.
13(x) Transcripts of Judgment.
14        For the filing of a transcript of judgment, the clerk
15    shall be entitled to the same fee as if it were the
16    commencement of a new suit.
17(y) Change of Venue.
18        (1) For the filing of a change of case on a change of
19    venue, the clerk shall be entitled to the same fee as if it
20    were the commencement of a new suit.
21        (2) The fee for the preparation and certification of a
22    record on a change of venue to another jurisdiction, when
23    original documents are forwarded, a minimum of $10 and a
24    maximum of $40.
25(z) Tax objection complaints.
26        For each tax objection complaint containing one or more

 

 

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1    tax objections, regardless of the number of parcels
2    involved or the number of taxpayers joining on the
3    complaint, a minimum of $10 and a maximum of $50.
4(aa) Tax Deeds.
5        (1) Petition for tax deed, if only one parcel is
6    involved, a minimum of $45 and a maximum of $200.
7        (2) For each additional parcel, add a fee of a minimum
8    of $10 and a maximum of $60.
9(bb) Collections.
10        (1) For all collections made of others, except the
11    State and county and except in maintenance or child support
12    cases, a sum equal to a minimum of 2% and a maximum of 2.5%
13    of the amount collected and turned over.
14        (2) Interest earned on any funds held by the clerk
15    shall be turned over to the county general fund as an
16    earning of the office.
17        (3) For any check, draft, or other bank instrument
18    returned to the clerk for non-sufficient funds, account
19    closed, or payment stopped, $25.
20        (4) In child support and maintenance cases, the clerk,
21    if authorized by an ordinance of the county board, may
22    collect an annual fee of up to $36 from the person making
23    payment for maintaining child support records and the
24    processing of support orders to the State of Illinois KIDS
25    system and the recording of payments issued by the State
26    Disbursement Unit for the official record of the Court.

 

 

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1    This fee shall be in addition to and separate from amounts
2    ordered to be paid as maintenance or child support and
3    shall be deposited into a Separate Maintenance and Child
4    Support Collection Fund, of which the clerk shall be the
5    custodian, ex-officio, to be used by the clerk to maintain
6    child support orders and record all payments issued by the
7    State Disbursement Unit for the official record of the
8    Court. The clerk may recover from the person making the
9    maintenance or child support payment any additional cost
10    incurred in the collection of this annual fee.
11        The clerk shall also be entitled to a fee of $5 for
12    certifications made to the Secretary of State as provided
13    in Section 7-703 of the Family Financial Responsibility Law
14    and these fees shall also be deposited into the Separate
15    Maintenance and Child Support Collection Fund.
16(cc) Corrections of Numbers.
17        For correction of the case number, case title, or
18    attorney computer identification number, if required by
19    rule of court, on any document filed in the clerk's office,
20    to be charged against the party that filed the document, a
21    minimum of $10 and a maximum of $25.
22(dd) Exceptions.
23        (1) The fee requirements of this Section shall not
24    apply to police departments or other law enforcement
25    agencies. In this Section, "law enforcement agency" means
26    an agency of the State or a unit of local government which

 

 

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1    is vested by law or ordinance with the duty to maintain
2    public order and to enforce criminal laws or ordinances.
3    "Law enforcement agency" also means the Attorney General or
4    any state's attorney.
5        (2) No fee provided herein shall be charged to any unit
6    of local government or school district.
7        (3) The fee requirements of this Section shall not
8    apply to any action instituted under subsection (b) of
9    Section 11-31-1 of the Illinois Municipal Code by a private
10    owner or tenant of real property within 1200 feet of a
11    dangerous or unsafe building seeking an order compelling
12    the owner or owners of the building to take any of the
13    actions authorized under that subsection.
14        (4) The fee requirements of this Section shall not
15    apply to the filing of any commitment petition or petition
16    for an order authorizing the administration of
17    psychotropic medication or electroconvulsive therapy under
18    the Mental Health and Developmental Disabilities Code.
19(ee) Adoptions.
20        (1) For an adoption...............................$65
21        (2) Upon good cause shown, the court may waive the
22    adoption filing fee in a special needs adoption. The term
23    "special needs adoption" shall have the meaning ascribed to
24    it by the Illinois Department of Children and Family
25    Services.
26(ff) Adoption exemptions.

 

 

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1        No fee other than that set forth in subsection (ee)
2    shall be charged to any person in connection with an
3    adoption proceeding nor may any fee be charged for
4    proceedings for the appointment of a confidential
5    intermediary under the Adoption Act.
6(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
 
7    Section 961. The Juvenile Court Act of 1987 is amended by
8changing Sections 1-3 and 6-9 as follows:
 
9    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
10    Sec. 1-3. Definitions. Terms used in this Act, unless the
11context otherwise requires, have the following meanings
12ascribed to them:
13    (1) "Adjudicatory hearing" means a hearing to determine
14whether the allegations of a petition under Section 2-13, 3-15
15or 4-12 that a minor under 18 years of age is abused, neglected
16or dependent, or requires authoritative intervention, or
17addicted, respectively, are supported by a preponderance of the
18evidence or whether the allegations of a petition under Section
195-520 that a minor is delinquent are proved beyond a reasonable
20doubt.
21    (2) "Adult" means a person 21 years of age or older.
22    (3) "Agency" means a public or private child care facility
23legally authorized or licensed by this State for placement or
24institutional care or for both placement and institutional

 

 

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1care.
2    (4) "Association" means any organization, public or
3private, engaged in welfare functions which include services to
4or on behalf of children but does not include "agency" as
5herein defined.
6    (4.05) Whenever a "best interest" determination is
7required, the following factors shall be considered in the
8context of the child's age and developmental needs:
9        (a) the physical safety and welfare of the child,
10    including food, shelter, health, and clothing;
11        (b) the development of the child's identity;
12        (c) the child's background and ties, including
13    familial, cultural, and religious;
14        (d) the child's sense of attachments, including:
15            (i) where the child actually feels love,
16        attachment, and a sense of being valued (as opposed to
17        where adults believe the child should feel such love,
18        attachment, and a sense of being valued);
19            (ii) the child's sense of security;
20            (iii) the child's sense of familiarity;
21            (iv) continuity of affection for the child;
22            (v) the least disruptive placement alternative for
23        the child;
24        (e) the child's wishes and long-term goals;
25        (f) the child's community ties, including church,
26    school, and friends;

 

 

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1        (g) the child's need for permanence which includes the
2    child's need for stability and continuity of relationships
3    with parent figures and with siblings and other relatives;
4        (h) the uniqueness of every family and child;
5        (i) the risks attendant to entering and being in
6    substitute care; and
7        (j) the preferences of the persons available to care
8    for the child.
9    (4.1) "Chronic truant" shall have the definition ascribed
10to it in Section 26-2a of the School Code.
11    (5) "Court" means the circuit court in a session or
12division assigned to hear proceedings under this Act.
13    (6) "Dispositional hearing" means a hearing to determine
14whether a minor should be adjudged to be a ward of the court,
15and to determine what order of disposition should be made in
16respect to a minor adjudged to be a ward of the court.
17    (7) "Emancipated minor" means any minor 16 years of age or
18over who has been completely or partially emancipated under the
19Emancipation of Minors Act or under this Act.
20    (7.05) "Foster parent" includes a relative caregiver
21selected by the Department of Children and Family Services to
22provide care for the minor.
23    (8) "Guardianship of the person" of a minor means the duty
24and authority to act in the best interests of the minor,
25subject to residual parental rights and responsibilities, to
26make important decisions in matters having a permanent effect

 

 

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1on the life and development of the minor and to be concerned
2with his or her general welfare. It includes but is not
3necessarily limited to:
4        (a) the authority to consent to marriage, to enlistment
5    in the armed forces of the United States, or to a major
6    medical, psychiatric, and surgical treatment; to represent
7    the minor in legal actions; and to make other decisions of
8    substantial legal significance concerning the minor;
9        (b) the authority and duty of reasonable visitation,
10    except to the extent that these have been limited in the
11    best interests of the minor by court order;
12        (c) the rights and responsibilities of legal custody
13    except where legal custody has been vested in another
14    person or agency; and
15        (d) the power to consent to the adoption of the minor,
16    but only if expressly conferred on the guardian in
17    accordance with Section 2-29, 3-30, or 4-27.
18    (9) "Legal custody" means the relationship created by an
19order of court in the best interests of the minor which imposes
20on the custodian the responsibility of physical possession of a
21minor and the duty to protect, train and discipline him and to
22provide him with food, shelter, education and ordinary medical
23care, except as these are limited by residual parental rights
24and responsibilities and the rights and responsibilities of the
25guardian of the person, if any.
26    (9.1) "Mentally capable adult relative" means a person 21

 

 

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1years of age or older who is not suffering from a mental
2illness that prevents him or her from providing the care
3necessary to safeguard the physical safety and welfare of a
4minor who is left in that person's care by the parent or
5parents or other person responsible for the minor's welfare.
6    (10) "Minor" means a person under the age of 21 years
7subject to this Act.
8    (11) "Parent" means a the father or mother of a child and
9includes any adoptive parent. It also includes a person man (i)
10whose parentage paternity is presumed or has been established
11under the law of this or another jurisdiction or (ii) who has
12registered with the Putative Father Registry in accordance with
13Section 12.1 of the Adoption Act and whose paternity has not
14been ruled out under the law of this or another jurisdiction.
15It does not include a parent whose rights in respect to the
16minor have been terminated in any manner provided by law. It
17does not include a person who has been or could be determined
18to be a parent under the Illinois Parentage Act of 1984 or the
19Illinois Parentage Act of 2015, or similar parentage law in any
20other state, if that person has been convicted of or pled nolo
21contendere to a crime that resulted in the conception of the
22child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13,
2312-14, 12-14.1, subsection (a) or (b) (but not subsection (c))
24of Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e),
25or (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of
26the Criminal Code of 1961 or the Criminal Code of 2012, or

 

 

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1similar statute in another jurisdiction unless upon motion of
2any party, other than the offender, to the juvenile court
3proceedings the court finds it is in the child's best interest
4to deem the offender a parent for purposes of the juvenile
5court proceedings.
6    (11.1) "Permanency goal" means a goal set by the court as
7defined in subdivision (2) of Section 2-28.
8    (11.2) "Permanency hearing" means a hearing to set the
9permanency goal and to review and determine (i) the
10appropriateness of the services contained in the plan and
11whether those services have been provided, (ii) whether
12reasonable efforts have been made by all the parties to the
13service plan to achieve the goal, and (iii) whether the plan
14and goal have been achieved.
15    (12) "Petition" means the petition provided for in Section
162-13, 3-15, 4-12 or 5-520, including any supplemental petitions
17thereunder in Section 3-15, 4-12 or 5-520.
18    (12.1) "Physically capable adult relative" means a person
1921 years of age or older who does not have a severe physical
20disability or medical condition, or is not suffering from
21alcoholism or drug addiction, that prevents him or her from
22providing the care necessary to safeguard the physical safety
23and welfare of a minor who is left in that person's care by the
24parent or parents or other person responsible for the minor's
25welfare.
26    (12.2) "Post Permanency Sibling Contact Agreement" has the

 

 

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1meaning ascribed to the term in Section 7.4 of the Children and
2Family Services Act.
3    (13) "Residual parental rights and responsibilities" means
4those rights and responsibilities remaining with the parent
5after the transfer of legal custody or guardianship of the
6person, including, but not necessarily limited to, the right to
7reasonable visitation (which may be limited by the court in the
8best interests of the minor as provided in subsection (8)(b) of
9this Section), the right to consent to adoption, the right to
10determine the minor's religious affiliation, and the
11responsibility for his support.
12    (14) "Shelter" means the temporary care of a minor in
13physically unrestricting facilities pending court disposition
14or execution of court order for placement.
15    (14.1) "Sibling Contact Support Plan" has the meaning
16ascribed to the term in Section 7.4 of the Children and Family
17Services Act.
18    (15) "Station adjustment" means the informal handling of an
19alleged offender by a juvenile police officer.
20    (16) "Ward of the court" means a minor who is so adjudged
21under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
22requisite jurisdictional facts, and thus is subject to the
23dispositional powers of the court under this Act.
24    (17) "Juvenile police officer" means a sworn police officer
25who has completed a Basic Recruit Training Course, has been
26assigned to the position of juvenile police officer by his or

 

 

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1her chief law enforcement officer and has completed the
2necessary juvenile officers training as prescribed by the
3Illinois Law Enforcement Training Standards Board, or in the
4case of a State police officer, juvenile officer training
5approved by the Director of the Department of State Police.
6    (18) "Secure child care facility" means any child care
7facility licensed by the Department of Children and Family
8Services to provide secure living arrangements for children
9under 18 years of age who are subject to placement in
10facilities under the Children and Family Services Act and who
11are not subject to placement in facilities for whom standards
12are established by the Department of Corrections under Section
133-15-2 of the Unified Code of Corrections. "Secure child care
14facility" also means a facility that is designed and operated
15to ensure that all entrances and exits from the facility, a
16building, or a distinct part of the building are under the
17exclusive control of the staff of the facility, whether or not
18the child has the freedom of movement within the perimeter of
19the facility, building, or distinct part of the building.
20(Source: P.A. 97-568, eff. 8-25-11; 97-1076, eff. 8-24-12;
2197-1150, eff. 1-25-13; 98-249, eff. 1-1-14.)
 
22    (705 ILCS 405/6-9)  (from Ch. 37, par. 806-9)
23    Sec. 6-9. Enforcement of liability of parents and others.
24    (1) If parentage is at issue in any proceeding under this
25Act, other than cases involving those exceptions to the

 

 

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1definition of parent set out in item (11) in Section 1-3, then
2the Illinois Parentage Act of 2015 1984 shall apply and the
3court shall enter orders consistent with that Act. If it
4appears at any hearing that a parent or any other person named
5in the petition, liable under the law for the support of the
6minor, is able to contribute to his or her support, the court
7shall enter an order requiring that parent or other person to
8pay the clerk of the court, or to the guardian or custodian
9appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
10reasonable sum from time to time for the care, support and
11necessary special care or treatment, of the minor. If the court
12determines at any hearing that a parent or any other person
13named in the petition, liable under the law for the support of
14the minor, is able to contribute to help defray the costs
15associated with the minor's detention in a county or regional
16detention center, the court shall enter an order requiring that
17parent or other person to pay the clerk of the court a
18reasonable sum for the care and support of the minor. The court
19may require reasonable security for the payments. Upon failure
20to pay, the court may enforce obedience to the order by a
21proceeding as for contempt of court.
22    If it appears that the person liable for the support of the
23minor is able to contribute to legal fees for representation of
24the minor, the court shall enter an order requiring that person
25to pay a reasonable sum for the representation, to the attorney
26providing the representation or to the clerk of the court for

 

 

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1deposit in the appropriate account or fund. The sum may be paid
2as the court directs, and the payment thereof secured and
3enforced as provided in this Section for support.
4    If it appears at the detention or shelter care hearing of a
5minor before the court under Section 5-501 that a parent or any
6other person liable for support of the minor is able to
7contribute to his or her support, that parent or other person
8shall be required to pay a fee for room and board at a rate not
9to exceed $10 per day established, with the concurrence of the
10chief judge of the judicial circuit, by the county board of the
11county in which the minor is detained unless the court
12determines that it is in the best interest and welfare of the
13minor to waive the fee. The concurrence of the chief judge
14shall be in the form of an administrative order. Each week, on
15a day designated by the clerk of the circuit court, that parent
16or other person shall pay the clerk for the minor's room and
17board. All fees for room and board collected by the circuit
18court clerk shall be disbursed into the separate county fund
19under Section 6-7.
20    Upon application, the court shall waive liability for
21support or legal fees under this Section if the parent or other
22person establishes that he or she is indigent and unable to pay
23the incurred liability, and the court may reduce or waive
24liability if the parent or other person establishes
25circumstances showing that full payment of support or legal
26fees would result in financial hardship to the person or his or

 

 

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1her family.
2    (2) When a person so ordered to pay for the care and
3support of a minor is employed for wages, salary or commission,
4the court may order him to make the support payments for which
5he is liable under this Act out of his wages, salary or
6commission and to assign so much thereof as will pay the
7support. The court may also order him to make discovery to the
8court as to his place of employment and the amounts earned by
9him. Upon his failure to obey the orders of court he may be
10punished as for contempt of court.
11    (3) If the minor is a recipient of public aid under the
12Illinois Public Aid Code, the court shall order that payments
13made by a parent or through assignment of his wages, salary or
14commission be made directly to (a) the Department of Healthcare
15and Family Services if the minor is a recipient of aid under
16Article V of the Code, (b) the Department of Human Services if
17the minor is a recipient of aid under Article IV of the Code,
18or (c) the local governmental unit responsible for the support
19of the minor if he is a recipient under Articles VI or VII of
20the Code. The order shall permit the Department of Healthcare
21and Family Services, the Department of Human Services, or the
22local governmental unit, as the case may be, to direct that
23subsequent payments be made directly to the guardian or
24custodian of the minor, or to some other person or agency in
25the minor's behalf, upon removal of the minor from the public
26aid rolls; and upon such direction and removal of the minor

 

 

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1from the public aid rolls, the Department of Healthcare and
2Family Services, Department of Human Services, or local
3governmental unit, as the case requires, shall give written
4notice of such action to the court. Payments received by the
5Department of Healthcare and Family Services, Department of
6Human Services, or local governmental unit are to be covered,
7respectively, into the General Revenue Fund of the State
8Treasury or General Assistance Fund of the governmental unit,
9as provided in Section 10-19 of the Illinois Public Aid Code.
10(Source: P.A. 97-568, eff. 8-25-11.)
 
11    Section 962. The Code of Criminal Procedure of 1963 is
12amended by changing Section 112A-14 as follows:
 
13    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
14    Sec. 112A-14. Order of protection; remedies.
15    (a) Issuance of order. If the court finds that petitioner
16has been abused by a family or household member, as defined in
17this Article, an order of protection prohibiting such abuse
18shall issue; provided that petitioner must also satisfy the
19requirements of one of the following Sections, as appropriate:
20Section 112A-17 on emergency orders, Section 112A-18 on interim
21orders, or Section 112A-19 on plenary orders. Petitioner shall
22not be denied an order of protection because petitioner or
23respondent is a minor. The court, when determining whether or
24not to issue an order of protection, shall not require physical

 

 

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1manifestations of abuse on the person of the victim.
2Modification and extension of prior orders of protection shall
3be in accordance with this Article.
4    (b) Remedies and standards. The remedies to be included in
5an order of protection shall be determined in accordance with
6this Section and one of the following Sections, as appropriate:
7Section 112A-17 on emergency orders, Section 112A-18 on interim
8orders, and Section 112A-19 on plenary orders. The remedies
9listed in this subsection shall be in addition to other civil
10or criminal remedies available to petitioner.
11        (1) Prohibition of abuse. Prohibit respondent's
12    harassment, interference with personal liberty,
13    intimidation of a dependent, physical abuse or willful
14    deprivation, as defined in this Article, if such abuse has
15    occurred or otherwise appears likely to occur if not
16    prohibited.
17        (2) Grant of exclusive possession of residence.
18    Prohibit respondent from entering or remaining in any
19    residence, household, or premises of the petitioner,
20    including one owned or leased by respondent, if petitioner
21    has a right to occupancy thereof. The grant of exclusive
22    possession of the residence, household, or premises shall
23    not affect title to real property, nor shall the court be
24    limited by the standard set forth in Section 701 of the
25    Illinois Marriage and Dissolution of Marriage Act.
26            (A) Right to occupancy. A party has a right to

 

 

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1        occupancy of a residence or household if it is solely
2        or jointly owned or leased by that party, that party's
3        spouse, a person with a legal duty to support that
4        party or a minor child in that party's care, or by any
5        person or entity other than the opposing party that
6        authorizes that party's occupancy (e.g., a domestic
7        violence shelter). Standards set forth in subparagraph
8        (B) shall not preclude equitable relief.
9            (B) Presumption of hardships. If petitioner and
10        respondent each has the right to occupancy of a
11        residence or household, the court shall balance (i) the
12        hardships to respondent and any minor child or
13        dependent adult in respondent's care resulting from
14        entry of this remedy with (ii) the hardships to
15        petitioner and any minor child or dependent adult in
16        petitioner's care resulting from continued exposure to
17        the risk of abuse (should petitioner remain at the
18        residence or household) or from loss of possession of
19        the residence or household (should petitioner leave to
20        avoid the risk of abuse). When determining the balance
21        of hardships, the court shall also take into account
22        the accessibility of the residence or household.
23        Hardships need not be balanced if respondent does not
24        have a right to occupancy.
25            The balance of hardships is presumed to favor
26        possession by petitioner unless the presumption is

 

 

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1        rebutted by a preponderance of the evidence, showing
2        that the hardships to respondent substantially
3        outweigh the hardships to petitioner and any minor
4        child or dependent adult in petitioner's care. The
5        court, on the request of petitioner or on its own
6        motion, may order respondent to provide suitable,
7        accessible, alternate housing for petitioner instead
8        of excluding respondent from a mutual residence or
9        household.
10        (3) Stay away order and additional prohibitions. Order
11    respondent to stay away from petitioner or any other person
12    protected by the order of protection, or prohibit
13    respondent from entering or remaining present at
14    petitioner's school, place of employment, or other
15    specified places at times when petitioner is present, or
16    both, if reasonable, given the balance of hardships.
17    Hardships need not be balanced for the court to enter a
18    stay away order or prohibit entry if respondent has no
19    right to enter the premises.
20        If an order of protection grants petitioner exclusive
21    possession of the residence, or prohibits respondent from
22    entering the residence, or orders respondent to stay away
23    from petitioner or other protected persons, then the court
24    may allow respondent access to the residence to remove
25    items of clothing and personal adornment used exclusively
26    by respondent, medications, and other items as the court

 

 

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1    directs. The right to access shall be exercised on only one
2    occasion as the court directs and in the presence of an
3    agreed-upon adult third party or law enforcement officer.
4        (4) Counseling. Require or recommend the respondent to
5    undergo counseling for a specified duration with a social
6    worker, psychologist, clinical psychologist, psychiatrist,
7    family service agency, alcohol or substance abuse program,
8    mental health center guidance counselor, agency providing
9    services to elders, program designed for domestic violence
10    abusers or any other guidance service the court deems
11    appropriate. The court may order the respondent in any
12    intimate partner relationship to report to an Illinois
13    Department of Human Services protocol approved partner
14    abuse intervention program for an assessment and to follow
15    all recommended treatment.
16        (5) Physical care and possession of the minor child. In
17    order to protect the minor child from abuse, neglect, or
18    unwarranted separation from the person who has been the
19    minor child's primary caretaker, or to otherwise protect
20    the well-being of the minor child, the court may do either
21    or both of the following: (i) grant petitioner physical
22    care or possession of the minor child, or both, or (ii)
23    order respondent to return a minor child to, or not remove
24    a minor child from, the physical care of a parent or person
25    in loco parentis.
26        If a court finds, after a hearing, that respondent has

 

 

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1    committed abuse (as defined in Section 112A-3) of a minor
2    child, there shall be a rebuttable presumption that
3    awarding physical care to respondent would not be in the
4    minor child's best interest.
5        (6) Temporary legal custody. Award temporary legal
6    custody to petitioner in accordance with this Section, the
7    Illinois Marriage and Dissolution of Marriage Act, the
8    Illinois Parentage Act of 2015 1984, and this State's
9    Uniform Child-Custody Jurisdiction and Enforcement Act.
10        If a court finds, after a hearing, that respondent has
11    committed abuse (as defined in Section 112A-3) of a minor
12    child, there shall be a rebuttable presumption that
13    awarding temporary legal custody to respondent would not be
14    in the child's best interest.
15        (7) Visitation. Determine the visitation rights, if
16    any, of respondent in any case in which the court awards
17    physical care or temporary legal custody of a minor child
18    to petitioner. The court shall restrict or deny
19    respondent's visitation with a minor child if the court
20    finds that respondent has done or is likely to do any of
21    the following: (i) abuse or endanger the minor child during
22    visitation; (ii) use the visitation as an opportunity to
23    abuse or harass petitioner or petitioner's family or
24    household members; (iii) improperly conceal or detain the
25    minor child; or (iv) otherwise act in a manner that is not
26    in the best interests of the minor child. The court shall

 

 

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1    not be limited by the standards set forth in Section 607.1
2    of the Illinois Marriage and Dissolution of Marriage Act.
3    If the court grants visitation, the order shall specify
4    dates and times for the visitation to take place or other
5    specific parameters or conditions that are appropriate. No
6    order for visitation shall refer merely to the term
7    "reasonable visitation".
8        Petitioner may deny respondent access to the minor
9    child if, when respondent arrives for visitation,
10    respondent is under the influence of drugs or alcohol and
11    constitutes a threat to the safety and well-being of
12    petitioner or petitioner's minor children or is behaving in
13    a violent or abusive manner.
14        If necessary to protect any member of petitioner's
15    family or household from future abuse, respondent shall be
16    prohibited from coming to petitioner's residence to meet
17    the minor child for visitation, and the parties shall
18    submit to the court their recommendations for reasonable
19    alternative arrangements for visitation. A person may be
20    approved to supervise visitation only after filing an
21    affidavit accepting that responsibility and acknowledging
22    accountability to the court.
23        (8) Removal or concealment of minor child. Prohibit
24    respondent from removing a minor child from the State or
25    concealing the child within the State.
26        (9) Order to appear. Order the respondent to appear in

 

 

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1    court, alone or with a minor child, to prevent abuse,
2    neglect, removal or concealment of the child, to return the
3    child to the custody or care of the petitioner or to permit
4    any court-ordered interview or examination of the child or
5    the respondent.
6        (10) Possession of personal property. Grant petitioner
7    exclusive possession of personal property and, if
8    respondent has possession or control, direct respondent to
9    promptly make it available to petitioner, if:
10            (i) petitioner, but not respondent, owns the
11        property; or
12            (ii) the parties own the property jointly; sharing
13        it would risk abuse of petitioner by respondent or is
14        impracticable; and the balance of hardships favors
15        temporary possession by petitioner.
16        If petitioner's sole claim to ownership of the property
17    is that it is marital property, the court may award
18    petitioner temporary possession thereof under the
19    standards of subparagraph (ii) of this paragraph only if a
20    proper proceeding has been filed under the Illinois
21    Marriage and Dissolution of Marriage Act, as now or
22    hereafter amended.
23        No order under this provision shall affect title to
24    property.
25        (11) Protection of property. Forbid the respondent
26    from taking, transferring, encumbering, concealing,

 

 

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1    damaging or otherwise disposing of any real or personal
2    property, except as explicitly authorized by the court, if:
3            (i) petitioner, but not respondent, owns the
4        property; or
5            (ii) the parties own the property jointly, and the
6        balance of hardships favors granting this remedy.
7        If petitioner's sole claim to ownership of the property
8    is that it is marital property, the court may grant
9    petitioner relief under subparagraph (ii) of this
10    paragraph only if a proper proceeding has been filed under
11    the Illinois Marriage and Dissolution of Marriage Act, as
12    now or hereafter amended.
13        The court may further prohibit respondent from
14    improperly using the financial or other resources of an
15    aged member of the family or household for the profit or
16    advantage of respondent or of any other person.
17        (11.5) Protection of animals. Grant the petitioner the
18    exclusive care, custody, or control of any animal owned,
19    possessed, leased, kept, or held by either the petitioner
20    or the respondent or a minor child residing in the
21    residence or household of either the petitioner or the
22    respondent and order the respondent to stay away from the
23    animal and forbid the respondent from taking,
24    transferring, encumbering, concealing, harming, or
25    otherwise disposing of the animal.
26        (12) Order for payment of support. Order respondent to

 

 

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1    pay temporary support for the petitioner or any child in
2    the petitioner's care or custody, when the respondent has a
3    legal obligation to support that person, in accordance with
4    the Illinois Marriage and Dissolution of Marriage Act,
5    which shall govern, among other matters, the amount of
6    support, payment through the clerk and withholding of
7    income to secure payment. An order for child support may be
8    granted to a petitioner with lawful physical care or
9    custody of a child, or an order or agreement for physical
10    care or custody, prior to entry of an order for legal
11    custody. Such a support order shall expire upon entry of a
12    valid order granting legal custody to another, unless
13    otherwise provided in the custody order.
14        (13) Order for payment of losses. Order respondent to
15    pay petitioner for losses suffered as a direct result of
16    the abuse. Such losses shall include, but not be limited
17    to, medical expenses, lost earnings or other support,
18    repair or replacement of property damaged or taken,
19    reasonable attorney's fees, court costs and moving or other
20    travel expenses, including additional reasonable expenses
21    for temporary shelter and restaurant meals.
22            (i) Losses affecting family needs. If a party is
23        entitled to seek maintenance, child support or
24        property distribution from the other party under the
25        Illinois Marriage and Dissolution of Marriage Act, as
26        now or hereafter amended, the court may order

 

 

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1        respondent to reimburse petitioner's actual losses, to
2        the extent that such reimbursement would be
3        "appropriate temporary relief", as authorized by
4        subsection (a)(3) of Section 501 of that Act.
5            (ii) Recovery of expenses. In the case of an
6        improper concealment or removal of a minor child, the
7        court may order respondent to pay the reasonable
8        expenses incurred or to be incurred in the search for
9        and recovery of the minor child, including but not
10        limited to legal fees, court costs, private
11        investigator fees, and travel costs.
12        (14) Prohibition of entry. Prohibit the respondent
13    from entering or remaining in the residence or household
14    while the respondent is under the influence of alcohol or
15    drugs and constitutes a threat to the safety and well-being
16    of the petitioner or the petitioner's children.
17        (14.5) Prohibition of firearm possession.
18            (A) A person who is subject to an existing order of
19        protection, interim order of protection, emergency
20        order of protection, or plenary order of protection,
21        issued under this Code may not lawfully possess weapons
22        under Section 8.2 of the Firearm Owners Identification
23        Card Act.
24            (B) Any firearms in the possession of the
25        respondent, except as provided in subparagraph (C) of
26        this paragraph (14.5), shall be ordered by the court to

 

 

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1        be turned over to a person with a valid Firearm Owner's
2        Identification Card for safekeeping. The court shall
3        issue an order that the respondent's Firearm Owner's
4        Identification Card be turned over to the local law
5        enforcement agency, which in turn shall immediately
6        mail the card to the Department of State Police Firearm
7        Owner's Identification Card Office for safekeeping.
8        The period of safekeeping shall be for the duration of
9        the order of protection. The firearm or firearms and
10        Firearm Owner's Identification Card, if unexpired,
11        shall at the respondent's request be returned to the
12        respondent at expiration of the order of protection.
13            (C) If the respondent is a peace officer as defined
14        in Section 2-13 of the Criminal Code of 2012, the court
15        shall order that any firearms used by the respondent in
16        the performance of his or her duties as a peace officer
17        be surrendered to the chief law enforcement executive
18        of the agency in which the respondent is employed, who
19        shall retain the firearms for safekeeping for the
20        duration of the order of protection.
21            (D) Upon expiration of the period of safekeeping,
22        if the firearms or Firearm Owner's Identification Card
23        cannot be returned to respondent because respondent
24        cannot be located, fails to respond to requests to
25        retrieve the firearms, or is not lawfully eligible to
26        possess a firearm, upon petition from the local law

 

 

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1        enforcement agency, the court may order the local law
2        enforcement agency to destroy the firearms, use the
3        firearms for training purposes, or for any other
4        application as deemed appropriate by the local law
5        enforcement agency; or that the firearms be turned over
6        to a third party who is lawfully eligible to possess
7        firearms, and who does not reside with respondent.
8        (15) Prohibition of access to records. If an order of
9    protection prohibits respondent from having contact with
10    the minor child, or if petitioner's address is omitted
11    under subsection (b) of Section 112A-5, or if necessary to
12    prevent abuse or wrongful removal or concealment of a minor
13    child, the order shall deny respondent access to, and
14    prohibit respondent from inspecting, obtaining, or
15    attempting to inspect or obtain, school or any other
16    records of the minor child who is in the care of
17    petitioner.
18        (16) Order for payment of shelter services. Order
19    respondent to reimburse a shelter providing temporary
20    housing and counseling services to the petitioner for the
21    cost of the services, as certified by the shelter and
22    deemed reasonable by the court.
23        (17) Order for injunctive relief. Enter injunctive
24    relief necessary or appropriate to prevent further abuse of
25    a family or household member or to effectuate one of the
26    granted remedies, if supported by the balance of hardships.

 

 

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1    If the harm to be prevented by the injunction is abuse or
2    any other harm that one of the remedies listed in
3    paragraphs (1) through (16) of this subsection is designed
4    to prevent, no further evidence is necessary to establish
5    that the harm is an irreparable injury.
6    (c) Relevant factors; findings.
7        (1) In determining whether to grant a specific remedy,
8    other than payment of support, the court shall consider
9    relevant factors, including but not limited to the
10    following:
11            (i) the nature, frequency, severity, pattern and
12        consequences of the respondent's past abuse of the
13        petitioner or any family or household member,
14        including the concealment of his or her location in
15        order to evade service of process or notice, and the
16        likelihood of danger of future abuse to petitioner or
17        any member of petitioner's or respondent's family or
18        household; and
19            (ii) the danger that any minor child will be abused
20        or neglected or improperly removed from the
21        jurisdiction, improperly concealed within the State or
22        improperly separated from the child's primary
23        caretaker.
24        (2) In comparing relative hardships resulting to the
25    parties from loss of possession of the family home, the
26    court shall consider relevant factors, including but not

 

 

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1    limited to the following:
2            (i) availability, accessibility, cost, safety,
3        adequacy, location and other characteristics of
4        alternate housing for each party and any minor child or
5        dependent adult in the party's care;
6            (ii) the effect on the party's employment; and
7            (iii) the effect on the relationship of the party,
8        and any minor child or dependent adult in the party's
9        care, to family, school, church and community.
10        (3) Subject to the exceptions set forth in paragraph
11    (4) of this subsection, the court shall make its findings
12    in an official record or in writing, and shall at a minimum
13    set forth the following:
14            (i) That the court has considered the applicable
15        relevant factors described in paragraphs (1) and (2) of
16        this subsection.
17            (ii) Whether the conduct or actions of respondent,
18        unless prohibited, will likely cause irreparable harm
19        or continued abuse.
20            (iii) Whether it is necessary to grant the
21        requested relief in order to protect petitioner or
22        other alleged abused persons.
23        (4) For purposes of issuing an ex parte emergency order
24    of protection, the court, as an alternative to or as a
25    supplement to making the findings described in paragraphs
26    (c)(3)(i) through (c)(3)(iii) of this subsection, may use

 

 

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1    the following procedure:
2        When a verified petition for an emergency order of
3    protection in accordance with the requirements of Sections
4    112A-5 and 112A-17 is presented to the court, the court
5    shall examine petitioner on oath or affirmation. An
6    emergency order of protection shall be issued by the court
7    if it appears from the contents of the petition and the
8    examination of petitioner that the averments are
9    sufficient to indicate abuse by respondent and to support
10    the granting of relief under the issuance of the emergency
11    order of protection.
12        (5) Never married parties. No rights or
13    responsibilities for a minor child born outside of marriage
14    attach to a putative father until a father and child
15    relationship has been established under the Illinois
16    Parentage Act of 1984 or under the Illinois Parentage Act
17    of 2015 on and after the effective date of that Act. Absent
18    such an adjudication, no putative father shall be granted
19    temporary custody of the minor child, visitation with the
20    minor child, or physical care and possession of the minor
21    child, nor shall an order of payment for support of the
22    minor child be entered.
23    (d) Balance of hardships; findings. If the court finds that
24the balance of hardships does not support the granting of a
25remedy governed by paragraph (2), (3), (10), (11), or (16) of
26subsection (b) of this Section, which may require such

 

 

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1balancing, the court's findings shall so indicate and shall
2include a finding as to whether granting the remedy will result
3in hardship to respondent that would substantially outweigh the
4hardship to petitioner from denial of the remedy. The findings
5shall be an official record or in writing.
6    (e) Denial of remedies. Denial of any remedy shall not be
7based, in whole or in part, on evidence that:
8        (1) Respondent has cause for any use of force, unless
9    that cause satisfies the standards for justifiable use of
10    force provided by Article 7 of the Criminal Code of 2012;
11        (2) Respondent was voluntarily intoxicated;
12        (3) Petitioner acted in self-defense or defense of
13    another, provided that, if petitioner utilized force, such
14    force was justifiable under Article 7 of the Criminal Code
15    of 2012;
16        (4) Petitioner did not act in self-defense or defense
17    of another;
18        (5) Petitioner left the residence or household to avoid
19    further abuse by respondent;
20        (6) Petitioner did not leave the residence or household
21    to avoid further abuse by respondent;
22        (7) Conduct by any family or household member excused
23    the abuse by respondent, unless that same conduct would
24    have excused such abuse if the parties had not been family
25    or household members.
26(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13;

 

 

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197-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
2    Section 963. The Unified Code of Corrections is amended by
3changing Section 3-5-4 as follows:
 
4    (730 ILCS 5/3-5-4)
5    Sec. 3-5-4. Exchange of information for child support
6enforcement.
7    (a) The Department shall exchange with the Department of
8Healthcare and Family Services information that may be
9necessary for the enforcement of child support orders entered
10pursuant to the Illinois Public Aid Code, the Illinois Marriage
11and Dissolution of Marriage Act, the Non-Support of Spouse and
12Children Act, the Non-Support Punishment Act, the Revised
13Uniform Reciprocal Enforcement of Support Act, the Uniform
14Interstate Family Support Act, or the Illinois Parentage Act of
151984, or the Illinois Parentage Act of 2015.
16    (b) Notwithstanding any provisions in this Code to the
17contrary, the Department shall not be liable to any person for
18any disclosure of information to the Department of Healthcare
19and Family Services (formerly Illinois Department of Public
20Aid) under subsection (a) or for any other action taken in good
21faith to comply with the requirements of subsection (a).
22(Source: P.A. 95-331, eff. 8-21-07.)
 
23    Section 964. The Code of Civil Procedure is amended by

 

 

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1changing Sections 2-209, 2-1401, 12-112, and 12-819 as follows:
 
2    (735 ILCS 5/2-209)  (from Ch. 110, par. 2-209)
3    Sec. 2-209. Act submitting to jurisdiction - Process.
4    (a) Any person, whether or not a citizen or resident of
5this State, who in person or through an agent does any of the
6acts hereinafter enumerated, thereby submits such person, and,
7if an individual, his or her personal representative, to the
8jurisdiction of the courts of this State as to any cause of
9action arising from the doing of any of such acts:
10        (1) The transaction of any business within this State;
11        (2) The commission of a tortious act within this State;
12        (3) The ownership, use, or possession of any real
13    estate situated in this State;
14        (4) Contracting to insure any person, property or risk
15    located within this State at the time of contracting;
16        (5) With respect to actions of dissolution of marriage,
17    declaration of invalidity of marriage and legal
18    separation, the maintenance in this State of a matrimonial
19    domicile at the time this cause of action arose or the
20    commission in this State of any act giving rise to the
21    cause of action;
22        (6) With respect to actions brought under the Illinois
23    Parentage Act of 1984, as now or hereafter amended, or
24    under the Illinois Parentage Act of 2015 on and after the
25    effective date of that Act, the performance of an act of

 

 

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1    sexual intercourse within this State during the possible
2    period of conception;
3        (7) The making or performance of any contract or
4    promise substantially connected with this State;
5        (8) The performance of sexual intercourse within this
6    State which is claimed to have resulted in the conception
7    of a child who resides in this State;
8        (9) The failure to support a child, spouse or former
9    spouse who has continued to reside in this State since the
10    person either formerly resided with them in this State or
11    directed them to reside in this State;
12        (10) The acquisition of ownership, possession or
13    control of any asset or thing of value present within this
14    State when ownership, possession or control was acquired;
15        (11) The breach of any fiduciary duty within this
16    State;
17        (12) The performance of duties as a director or officer
18    of a corporation organized under the laws of this State or
19    having its principal place of business within this State;
20        (13) The ownership of an interest in any trust
21    administered within this State; or
22        (14) The exercise of powers granted under the authority
23    of this State as a fiduciary.
24    (b) A court may exercise jurisdiction in any action arising
25within or without this State against any person who:
26        (1) Is a natural person present within this State when

 

 

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1    served;
2        (2) Is a natural person domiciled or resident within
3    this State when the cause of action arose, the action was
4    commenced, or process was served;
5        (3) Is a corporation organized under the laws of this
6    State; or
7        (4) Is a natural person or corporation doing business
8    within this State.
9    (b-5) Foreign defamation judgment. The courts of this State
10shall have personal jurisdiction over any person who obtains a
11judgment in a defamation proceeding outside the United States
12against any person who is a resident of Illinois or, if not a
13natural person, has its principal place of business in
14Illinois, for the purposes of rendering declaratory relief with
15respect to that resident's liability for the judgment, or for
16the purpose of determining whether said judgment should be
17deemed non-recognizable pursuant to this Code, to the fullest
18extent permitted by the United States Constitution, provided:
19        (1) the publication at issue was published in Illinois,
20    and
21        (2) that resident (i) has assets in Illinois which
22    might be used to satisfy the foreign defamation judgment,
23    or (ii) may have to take actions in Illinois to comply with
24    the foreign defamation judgment.
25    The provisions of this subsection (b-5) shall apply to
26persons who obtained judgments in defamation proceedings

 

 

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1outside the United States prior to, on, or after the effective
2date of this amendatory Act of the 95th General Assembly.
3    (c) A court may also exercise jurisdiction on any other
4basis now or hereafter permitted by the Illinois Constitution
5and the Constitution of the United States.
6    (d) Service of process upon any person who is subject to
7the jurisdiction of the courts of this State, as provided in
8this Section, may be made by personally serving the summons
9upon the defendant outside this State, as provided in this Act,
10with the same force and effect as though summons had been
11personally served within this State.
12    (e) Service of process upon any person who resides or whose
13business address is outside the United States and who is
14subject to the jurisdiction of the courts of this State, as
15provided in this Section, in any action based upon product
16liability may be made by serving a copy of the summons with a
17copy of the complaint attached upon the Secretary of State. The
18summons shall be accompanied by a $5 fee payable to the
19Secretary of State. The plaintiff shall forthwith mail a copy
20of the summons, upon which the date of service upon the
21Secretary is clearly shown, together with a copy of the
22complaint to the defendant at his or her last known place of
23residence or business address. Plaintiff shall file with the
24circuit clerk an affidavit of the plaintiff or his or her
25attorney stating the last known place of residence or the last
26known business address of the defendant and a certificate of

 

 

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1mailing a copy of the summons and complaint to the defendant at
2such address as required by this subsection (e). The
3certificate of mailing shall be prima facie evidence that the
4plaintiff or his or her attorney mailed a copy of the summons
5and complaint to the defendant as required. Service of the
6summons shall be deemed to have been made upon the defendant on
7the date it is served upon the Secretary and shall have the
8same force and effect as though summons had been personally
9served upon the defendant within this State.
10    (f) Only causes of action arising from acts enumerated
11herein may be asserted against a defendant in an action in
12which jurisdiction over him or her is based upon subsection
13(a).
14    (g) Nothing herein contained limits or affects the right to
15serve any process in any other manner now or hereafter provided
16by law.
17(Source: P.A. 95-865, eff. 8-19-08.)
 
18    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
19    Sec. 2-1401. Relief from judgments.
20    (a) Relief from final orders and judgments, after 30 days
21from the entry thereof, may be had upon petition as provided in
22this Section. Writs of error coram nobis and coram vobis, bills
23of review and bills in the nature of bills of review are
24abolished. All relief heretofore obtainable and the grounds for
25such relief heretofore available, whether by any of the

 

 

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1foregoing remedies or otherwise, shall be available in every
2case, by proceedings hereunder, regardless of the nature of the
3order or judgment from which relief is sought or of the
4proceedings in which it was entered. Except as provided in
5Section 6 of the Illinois Parentage Act of 2015 1984, there
6shall be no distinction between actions and other proceedings,
7statutory or otherwise, as to availability of relief, grounds
8for relief or the relief obtainable.
9    (b) The petition must be filed in the same proceeding in
10which the order or judgment was entered but is not a
11continuation thereof. The petition must be supported by
12affidavit or other appropriate showing as to matters not of
13record. All parties to the petition shall be notified as
14provided by rule.
15    (c) Except as provided in Section 20b of the Adoption Act
16and Section 2-32 of the Juvenile Court Act of 1987 or in a
17petition based upon Section 116-3 of the Code of Criminal
18Procedure of 1963, the petition must be filed not later than 2
19years after the entry of the order or judgment. Time during
20which the person seeking relief is under legal disability or
21duress or the ground for relief is fraudulently concealed shall
22be excluded in computing the period of 2 years.
23    (d) The filing of a petition under this Section does not
24affect the order or judgment, or suspend its operation.
25    (e) Unless lack of jurisdiction affirmatively appears from
26the record proper, the vacation or modification of an order or

 

 

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1judgment pursuant to the provisions of this Section does not
2affect the right, title or interest in or to any real or
3personal property of any person, not a party to the original
4action, acquired for value after the entry of the order or
5judgment but before the filing of the petition, nor affect any
6right of any person not a party to the original action under
7any certificate of sale issued before the filing of the
8petition, pursuant to a sale based on the order or judgment.
9    (f) Nothing contained in this Section affects any existing
10right to relief from a void order or judgment, or to employ any
11existing method to procure that relief.
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    (735 ILCS 5/12-112)  (from Ch. 110, par. 12-112)
14    Sec. 12-112. What liable to enforcement. All the lands,
15tenements, real estate, goods and chattels (except such as is
16by law declared to be exempt) of every person against whom any
17judgment has been or shall be hereafter entered in any court,
18for any debt, damages, costs, or other sum of money, shall be
19liable to be sold upon such judgment. Any real property, any
20beneficial interest in a land trust, or any interest in real
21property held in a revocable inter vivos trust or revocable
22inter vivos trusts created for estate planning purposes, held
23in tenancy by the entirety shall not be liable to be sold upon
24judgment entered on or after October 1, 1990 against only one
25of the tenants, except if the property was transferred into

 

 

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1tenancy by the entirety with the sole intent to avoid the
2payment of debts existing at the time of the transfer beyond
3the transferor's ability to pay those debts as they become due.
4However, any income from such property shall be subject to
5garnishment as provided in Part 7 of this Article XII, whether
6judgment has been entered against one or both of the tenants.
7    If the court authorizes the piercing of the ownership veil
8pursuant to Section 505 of the Illinois Marriage and
9Dissolution of Marriage Act or Section 805 15 of the Illinois
10Parentage Act of 2015 1984, any assets determined to be those
11of the non-custodial parent, although not held in name of the
12non-custodial parent, shall be subject to attachment or other
13provisional remedy in accordance with the procedure prescribed
14by this Code. The court may not authorize attachment of
15property or any other provisional remedy under this paragraph
16unless it has obtained jurisdiction over the entity holding
17title to the property by proper service on that entity. With
18respect to assets which are real property, no order entered as
19described in this paragraph shall affect the rights of bona
20fide purchasers, mortgagees, judgment creditors, or other lien
21holders who acquire their interests in the property prior to
22the time a notice of lis pendens pursuant to this Code or a
23copy of the order is placed of record in the office of the
24recorder of deeds for the county in which the real property is
25located.
26    This amendatory Act of 1995 (P.A. 89-438) is declarative of

 

 

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1existing law.
2    This amendatory Act of 1997 (P.A. 90-514) is intended as a
3clarification of existing law and not as a new enactment.
4(Source: P.A. 96-1145, eff. 1-1-11.)
 
5    (735 ILCS 5/12-819)  (from Ch. 110, par. 12-819)
6    Sec. 12-819. Limitations on part 8 of Article XII. The
7provisions of this Part 8 of Article XII of this Act do not
8apply to orders for withholding of income entered by the court
9under provisions of The Illinois Public Aid Code, the Illinois
10Marriage and Dissolution of Marriage Act, the Non-Support of
11Spouse and Children Act, the Non-Support Punishment Act, the
12Revised Uniform Reciprocal Enforcement of Support Act, the
13Illinois Parentage Act of 1984, and the Illinois Parentage Act
14of 2015 and the Paternity Act for support of a child or
15maintenance of a spouse.
16(Source: P.A. 91-613, eff. 10-1-99.)
 
17    Section 965. The Illinois Wage Assignment Act is amended by
18changing Section 11 as follows:
 
19    (740 ILCS 170/11)  (from Ch. 48, par. 39.12)
20    Sec. 11. The provisions of this Act do not apply to orders
21for withholding of income entered by the court under provisions
22of The Illinois Public Aid Code, the Illinois Marriage and
23Dissolution of Marriage Act, the Non-Support of Spouse and

 

 

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1Children Act, the Non-Support Punishment Act, the Revised
2Uniform Reciprocal Enforcement of Support Act, the Illinois
3Parentage Act of 1984, and the Illinois Parentage Act of 2015
4and the Paternity Act for support of a child or maintenance of
5a spouse.
6(Source: P.A. 91-613, eff. 10-1-99.)
 
7    Section 966. The Illinois Marriage and Dissolution of
8Marriage Act is amended by changing Section 713 as follows:
 
9    (750 ILCS 5/713)  (from Ch. 40, par. 713)
10    Sec. 713. Attachment of the Body. As used in this Section,
11"obligor" has the same meaning ascribed to such term in the
12Income Withholding for Support Act.
13    (a) In any proceeding to enforce an order for support,
14where the obligor has failed to appear in court pursuant to
15order of court and after due notice thereof, the court may
16enter an order for the attachment of the body of the obligor.
17Notices under this Section shall be served upon the obligor by
18any means authorized under subsection (a-5) of Section 505. The
19attachment order shall fix an amount of escrow which is equal
20to a minimum of 20% of the total child support arrearage
21alleged by the obligee in sworn testimony to be due and owing.
22The attachment order shall direct the Sheriff of any county in
23Illinois to take the obligor into custody and shall set the
24number of days following release from custody for a hearing to

 

 

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1be held at which the obligor must appear, if he is released
2under subsection (b) of this Section.
3    (b) If the obligor is taken into custody, the Sheriff shall
4take the obligor before the court which entered the attachment
5order. However, the Sheriff may release the person after he or
6she has deposited the amount of escrow ordered by the court
7pursuant to local procedures for the posting of bond. The
8Sheriff shall advise the obligor of the hearing date at which
9the obligor is required to appear.
10    (c) Any escrow deposited pursuant to this Section shall be
11transmitted to the Clerk of the Circuit Court for the county in
12which the order for attachment of the body of the obligor was
13entered. Any Clerk who receives money deposited into escrow
14pursuant to this Section shall notify the obligee, public
15office or legal counsel whose name appears on the attachment
16order of the court date at which the obligor is required to
17appear and the amount deposited into escrow. The Clerk shall
18disburse such money to the obligee only under an order from the
19court that entered the attachment order pursuant to this
20Section.
21    (d) Whenever an obligor is taken before the court by the
22Sheriff, or appears in court after the court has ordered the
23attachment of his body, the court shall:
24        (1) hold a hearing on the complaint or petition that
25    gave rise to the attachment order. For purposes of
26    determining arrearages that are due and owing by the

 

 

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1    obligor, the court shall accept the previous sworn
2    testimony of the obligee as true and the appearance of the
3    obligee shall not be required. The court shall require
4    sworn testimony of the obligor as to the last 4 digits of
5    his or her Social Security number, income, employment, bank
6    accounts, property and any other assets. If there is a
7    dispute as to the total amount of arrearages, the court
8    shall proceed as in any other case as to the undisputed
9    amounts; and
10        (2) order the Clerk of the Circuit Court to disburse to
11    the obligee or public office money held in escrow pursuant
12    to this Section if the court finds that the amount of
13    arrearages exceeds the amount of the escrow. Amounts
14    received by the obligee or public office shall be deducted
15    from the amount of the arrearages.
16    (e) If the obligor fails to appear in court after being
17notified of the court date by the Sheriff upon release from
18custody, the court shall order any monies deposited into escrow
19to be immediately released to the obligee or public office and
20shall proceed under subsection (a) of this Section by entering
21another order for the attachment of the body of the obligor.
22    (f) This Section shall apply to any order for support
23issued under the "Illinois Marriage and Dissolution of Marriage
24Act", approved September 22, 1977, as amended; the Illinois
25Parentage Act of 2015; the "Illinois Parentage Act of 1984",
26effective July 1, 1985, as amended; the "Revised Uniform

 

 

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1Reciprocal Enforcement of Support Act", approved August 28,
21969, as amended; "The Illinois Public Aid Code", approved
3April 11, 1967, as amended; the Non-Support Punishment Act; and
4the "Non-support of Spouse and Children Act", approved June 8,
51953, as amended.
6    (g) Any escrow established pursuant to this Section for the
7purpose of providing support shall not be subject to fees
8collected by the Clerk of the Circuit Court for any other
9escrow.
10(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
1192-16, eff. 6-28-01.)
 
12    Section 967. The Non-Support Punishment Act is amended by
13changing Section 50 as follows:
 
14    (750 ILCS 16/50)
15    Sec. 50. Community service; work alternative program.
16    (a) In addition to any other penalties imposed against an
17offender under this Act, the court may order the offender to
18perform community service for not less than 30 and not more
19than 120 hours per month, if community service is available in
20the jurisdiction and is funded and approved by the county board
21of the county where the offense was committed. In addition,
22whenever any person is placed on supervision for committing an
23offense under this Act, the supervision shall be conditioned on
24the performance of the community service.

 

 

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1    (b) In addition to any other penalties imposed against an
2offender under this Act, the court may sentence the offender to
3service in a work alternative program administered by the
4sheriff. The conditions of the program are that the offender
5obtain or retain employment and participate in a work
6alternative program administered by the sheriff during
7non-working hours. A person may not be required to participate
8in a work alternative program under this subsection if the
9person is currently participating in a work program pursuant to
10another provision of this Act, Section 10-11.1 of the Illinois
11Public Aid Code, Section 505.1 of the Illinois Marriage and
12Dissolution of Marriage Act, or Section 806 15.1 of the
13Illinois Parentage Act of 2015 1984.
14    (c) In addition to any other penalties imposed against an
15offender under this Act, the court may order, in cases where
16the offender has been in violation of this Act for 90 days or
17more, that the offender's Illinois driving privileges be
18suspended until the court determines that the offender is in
19compliance with this Act.
20    The court may determine that the offender is in compliance
21with this Act if the offender has agreed (i) to pay all
22required amounts of support and maintenance as determined by
23the court or (ii) to the garnishment of his or her income for
24the purpose of paying those amounts.
25    The court may also order that the offender be issued a
26family financial responsibility driving permit that would

 

 

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1allow limited driving privileges for employment and medical
2purposes in accordance with Section 7-702.1 of the Illinois
3Vehicle Code. The clerk of the circuit court shall certify the
4order suspending the driving privileges of the offender or
5granting the issuance of a family financial responsibility
6driving permit to the Secretary of State on forms prescribed by
7the Secretary. Upon receipt of the authenticated documents, the
8Secretary of State shall suspend the offender's driving
9privileges until further order of the court and shall, if
10ordered by the court, subject to the provisions of Section
117-702.1 of the Illinois Vehicle Code, issue a family financial
12responsibility driving permit to the offender.
13    (d) If the court determines that the offender has been in
14violation of this Act for more than 60 days, the court may
15determine whether the offender has applied for or been issued a
16professional license by the Department of Professional
17Regulation or another licensing agency. If the court determines
18that the offender has applied for or been issued such a
19license, the court may certify to the Department of
20Professional Regulation or other licensing agency that the
21offender has been in violation of this Act for more than 60
22days so that the Department or other agency may take
23appropriate steps with respect to the license or application as
24provided in Section 10-65 of the Illinois Administrative
25Procedure Act and Section 2105-15 of the Department of
26Professional Regulation Law of the Civil Administrative Code of

 

 

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1Illinois. The court may take the actions required under this
2subsection in addition to imposing any other penalty authorized
3under this Act.
4(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
 
5    Section 968. The Uniform Interstate Family Support Act is
6amended by changing Section 102 as follows:
 
7    (750 ILCS 22/102)  (was 750 ILCS 22/101)
8    Sec. 102. Definitions. In this Act:
9    "Child" means an individual, whether over or under the age
10of 18, who is or is alleged to be owed a duty of support by the
11individual's parent or who is or is alleged to be the
12beneficiary of a support order directed to the parent.
13    "Child-support order" means a support order for a child,
14including a child who has attained the age of 18.
15    "Duty of support" means an obligation imposed or imposable
16by law to provide support for a child, spouse, or former spouse
17including an unsatisfied obligation to provide support.
18    "Home state" means the state in which a child lived with a
19parent or a person acting as parent for at least 6 consecutive
20months immediately preceding the time of filing of a petition
21or comparable pleading for support, and if a child is less than
226 months old, the state in which the child lived from birth
23with any of them. A period of temporary absence of any of them
24is counted as part of the 6-month or other period.

 

 

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1    "Income" includes earnings or other periodic entitlements
2to money from any source and any other property subject to
3withholding for support under the law of this State.
4    "Income-withholding order" means an order or other legal
5process directed to an obligor's employer or other debtor, as
6defined by the Illinois Marriage and Dissolution of Marriage
7Act, the Non-Support of Spouse and Children Act, the
8Non-Support Punishment Act, the Illinois Public Aid Code, and
9the Illinois Parentage Act of 2015 1984, to withhold support
10from the income of the obligor.
11    "Initiating state" means a state from which a proceeding is
12forwarded or in which a proceeding is filed for forwarding to a
13responding state under this Act or a law or procedure
14substantially similar to this Act.
15    "Initiating tribunal" means the authorized tribunal in an
16initiating state.
17    "Issuing state" means the state in which a tribunal issues
18a support order or renders a judgment determining parentage.
19    "Issuing tribunal" means the tribunal that issues a support
20order or renders a judgment determining parentage.
21    "Obligee" means:
22        (A) an individual to whom a duty of support is or is
23    alleged to be owed or in whose favor a support order has
24    been issued or a judgment determining parentage has been
25    rendered;
26        (B) a state or political subdivision to which the

 

 

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1    rights under a duty of support or support order have been
2    assigned or which has independent claims based on financial
3    assistance provided to an individual obligee; or
4        (C) an individual seeking a judgment determining
5    parentage of the individual's child.
6    "Obligor" means an individual, or the estate of a decedent:
7            (i) who owes or is alleged to owe a duty of
8        support;
9            (ii) who is alleged but has not been adjudicated to
10        be a parent of a child; or
11            (iii) who is liable under a support order.
12    "Person means an individual, corporation, business trust,
13estate, trust, partnership, limited liability company,
14association, joint venture, government, governmental
15subdivision, agency, instrumentality, public corporation, or
16any other legal or commercial entity.
17    "Record" means information that is inscribed on a tangible
18medium or that is stored in an electronic or other medium and
19is retrievable in perceivable form.
20    "Register" means to record a support order or judgment
21determining parentage in the appropriate Registry of Foreign
22Support Orders.
23    "Registering tribunal" means a tribunal in which a support
24order is registered.
25    "Responding state" means a state in which a proceeding is
26filed or to which a proceeding is forwarded for filing from an

 

 

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1initiating state under this Act or a law or procedure
2substantially similar to this Act.
3    "Responding tribunal" means the authorized tribunal in a
4responding state.
5    "Spousal-support order" means a support order for a spouse
6or former spouse of the obligor.
7    "State" means a state of the United States, the District of
8Columbia, Puerto Rico, the United States Virgin Islands, or any
9territory or insular possession subject to the jurisdiction of
10the United States. The term includes:
11        (A) an Indian tribe; and
12        (B) a foreign country or political subdivision that:
13            (i) has been declared to be a foreign reciprocating
14        country or political subdivision under federal law;
15            (ii) has established a reciprocal arrangement for
16        child support with this State as provided in Section
17        308; or
18            (iii) has enacted a law or established procedures
19        for issuance and enforcement of support orders which
20        are substantially similar to the procedures under this
21        Act.
22    "Support enforcement agency" means a public official or
23agency authorized to seek:
24        (A) enforcement of support orders or laws relating to
25    the duty of support;
26        (B) establishment or modification of child support;

 

 

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1        (C) determination of parentage;
2        (D) to locate obligors or their assets; or
3        (E) determination of the controlling child support
4    order.
5    "Support order" means a judgment, decree, order, or
6directive, whether temporary, final, or subject to
7modification, issued by a tribunal for the benefit of a child,
8a spouse, or a former spouse, which provides for monetary
9support, health care, arrearages, or reimbursement, and may
10include related costs and fees, interest, income withholding,
11attorney's fees, and other relief.
12    "Tribunal" means a court, administrative agency, or
13quasi-judicial entity authorized to establish, enforce, or
14modify support orders or to determine parentage.
15(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised
1611-26-14.)
 
17    Section 969. The Expedited Child Support Act of 1990 is
18amended by changing Section 6 as follows:
 
19    (750 ILCS 25/6)  (from Ch. 40, par. 2706)
20    Sec. 6. Authority of hearing officers.
21    (a) With the exception of judicial functions exclusively
22retained by the court in Section 8 of this Act and in
23accordance with Supreme Court rules promulgated pursuant to
24this Act, Administrative Hearing Officers shall be authorized

 

 

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1to:
2        (1) Accept voluntary agreements reached by the parties
3    setting the amount of child support to be paid and medical
4    support liability and recommend the entry of orders
5    incorporating such agreements.
6        (2) Accept voluntary acknowledgments of parentage and
7    recommend entry of an order establishing parentage based on
8    such acknowledgement. Prior to accepting such
9    acknowledgment, the Administrative Hearing Officer shall
10    advise the putative father of his rights and obligations in
11    accordance with Supreme Court rules promulgated pursuant
12    to this Act.
13        (3) Manage all stages of discovery, including setting
14    deadlines by which discovery must be completed; and
15    directing the parties to submit to appropriate tests
16    pursuant to Section 11 of the Illinois Parentage Act of
17    2015 1984.
18        (4) Cause notices to be issued requiring the Obligor to
19    appear either before the Administrative Hearing Officer or
20    in court.
21        (5) Administer the oath or affirmation and take
22    testimony under oath or affirmation.
23        (6) Analyze the evidence and prepare written
24    recommendations based on such evidence, including but not
25    limited to: (i) proposed findings as to the amount of the
26    Obligor's income; (ii) proposed findings as to the amount

 

 

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1    and nature of appropriate deductions from the Obligor's
2    income to determine the Obligor's net income; (iii)
3    proposed findings as to the existence of relevant factors
4    as set forth in subsection (a)(2) of Section 505 of the
5    Illinois Marriage and Dissolution of Marriage Act, which
6    justify setting child support payment levels above or below
7    the guidelines; (iv) recommended orders for temporary
8    child support; (v) recommended orders setting the amount of
9    current child support to be paid; (vi) proposed findings as
10    to the existence and amount of any arrearages; (vii)
11    recommended orders reducing any arrearages to judgement
12    and for the payment of amounts towards such arrearages;
13    (viii) proposed findings as to whether there has been a
14    substantial change of circumstances since the entry of the
15    last child support order, or other circumstances
16    justifying a modification of the child support order; and
17    (ix) proposed findings as to whether the Obligor is
18    employed.
19        (7) With respect to any unemployed Obligor who is not
20    making child support payments or is otherwise unable to
21    provide support, recommend that the Obligor be ordered to
22    seek employment and report periodically of his or her
23    efforts in accordance with such order. Additionally, the
24    Administrative Hearing Officer may recommend that the
25    Obligor be ordered to report to the Department of
26    Employment Security for job search services or to make

 

 

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1    application with the local Job Training Partnership Act
2    provider for participation in job search, training or work
3    programs and, where the duty of support is owed to a child
4    receiving child support enforcement services under Article
5    X of the Illinois Public Aid Code, the Administrative
6    Hearing Officer may recommend that the Obligor be ordered
7    to report to the Department of Healthcare and Family
8    Services for participation in the job search, training or
9    work programs established under Section 9-6 of the Illinois
10    Public Aid Code.
11        (8) Recommend the registration of any foreign support
12    judgments or orders as the judgments or orders of Illinois.
13    (b) In any case in which the Obligee is not participating
14in the IV-D program or has not applied to participate in the
15IV-D program, the Administrative Hearing Officer shall:
16        (1) inform the Obligee of the existence of the IV-D
17    program and provide applications on request; and
18        (2) inform the Obligee and the Obligor of the option of
19    requesting payment to be made through the Clerk of the
20    Circuit Court.
21    If a request for payment through the Clerk is made, the
22Administrative Hearing Officer shall note this fact in the
23recommendations to the court.
24    (c) The Administrative Hearing Officer may make
25recommendations in addition to the proposed findings of fact
26and recommended order to which the parties have agreed.

 

 

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1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    Section 970. The Income Withholding for Support Act is
3amended by changing Section 15 as follows:
 
4    (750 ILCS 28/15)
5    Sec. 15. Definitions.
6    (a) "Order for support" means any order of the court which
7provides for periodic payment of funds for the support of a
8child or maintenance of a spouse, whether temporary or final,
9and includes any such order which provides for:
10        (1) modification or resumption of, or payment of
11    arrearage, including interest, accrued under, a previously
12    existing order;
13        (2) reimbursement of support;
14        (3) payment or reimbursement of the expenses of
15    pregnancy and delivery (for orders for support entered
16    under the Illinois Parentage Act of 1984 or its predecessor
17    the Paternity Act or under the Illinois Parentage Act of
18    2015); or
19        (4) enrollment in a health insurance plan that is
20    available to the obligor through an employer or labor union
21    or trade union.
22    (b) "Arrearage" means the total amount of unpaid support
23obligations, including interest, as determined by the court and
24incorporated into an order for support.

 

 

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1    (b-5) "Business day" means a day on which State offices are
2open for regular business.
3    (c) "Delinquency" means any payment, including a payment of
4interest, under an order for support which becomes due and
5remains unpaid after entry of the order for support.
6    (d) "Income" means any form of periodic payment to an
7individual, regardless of source, including, but not limited
8to: wages, salary, commission, compensation as an independent
9contractor, workers' compensation, disability, annuity,
10pension, and retirement benefits, lottery prize awards,
11insurance proceeds, vacation pay, bonuses, profit-sharing
12payments, severance pay, interest, and any other payments, made
13by any person, private entity, federal or state government, any
14unit of local government, school district or any entity created
15by Public Act; however, "income" excludes:
16        (1) any amounts required by law to be withheld, other
17    than creditor claims, including, but not limited to,
18    federal, State and local taxes, Social Security and other
19    retirement and disability contributions;
20        (2) union dues;
21        (3) any amounts exempted by the federal Consumer Credit
22    Protection Act;
23        (4) public assistance payments; and
24        (5) unemployment insurance benefits except as provided
25    by law.
26    Any other State or local laws which limit or exempt income

 

 

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1or the amount or percentage of income that can be withheld
2shall not apply.
3    (e) "Obligor" means the individual who owes a duty to make
4payments under an order for support.
5    (f) "Obligee" means the individual to whom a duty of
6support is owed or the individual's legal representative.
7    (g) "Payor" means any payor of income to an obligor.
8    (h) "Public office" means any elected official or any State
9or local agency which is or may become responsible by law for
10enforcement of, or which is or may become authorized to
11enforce, an order for support, including, but not limited to:
12the Attorney General, the Illinois Department of Healthcare and
13Family Services, the Illinois Department of Human Services, the
14Illinois Department of Children and Family Services, and the
15various State's Attorneys, Clerks of the Circuit Court and
16supervisors of general assistance.
17    (i) "Premium" means the dollar amount for which the obligor
18is liable to his employer or labor union or trade union and
19which must be paid to enroll or maintain a child in a health
20insurance plan that is available to the obligor through an
21employer or labor union or trade union.
22    (j) "State Disbursement Unit" means the unit established to
23collect and disburse support payments in accordance with the
24provisions of Section 10-26 of the Illinois Public Aid Code.
25    (k) "Title IV-D Agency" means the agency of this State
26charged by law with the duty to administer the child support

 

 

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1enforcement program established under Title IV, Part D of the
2Social Security Act and Article X of the Illinois Public Aid
3Code.
4    (l) "Title IV-D case" means a case in which an obligee or
5obligor is receiving child support enforcement services under
6Title IV, Part D of the Social Security Act and Article X of
7the Illinois Public Aid Code.
8    (m) "National Medical Support Notice" means the notice
9required for enforcement of orders for support providing for
10health insurance coverage of a child under Title IV, Part D of
11the Social Security Act, the Employee Retirement Income
12Security Act of 1974, and federal regulations promulgated under
13those Acts.
14    (n) "Employer" means a payor or labor union or trade union
15with an employee group health insurance plan and, for purposes
16of the National Medical Support Notice, also includes but is
17not limited to:
18        (1) any State or local governmental agency with a group
19    health plan; and
20        (2) any payor with a group health plan or "church plan"
21    covered under the Employee Retirement Income Security Act
22    of 1974.
23(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685,
24eff. 10-23-07.)
 
25    Section 971. The Gestational Surrogacy Act is amended by

 

 

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1changing Section 35 as follows:
 
2    (750 ILCS 47/35)
3    Sec. 35. Establishment of the parent-child relationship.
4    (a) For purposes of the Illinois Parentage Act of 2015
51984, a parent-child relationship shall be established prior to
6the birth of a child born through gestational surrogacy if, in
7addition to satisfying the requirements of Articles 2 and 3
8Sections 5 and 6 of the Illinois Parentage Act of 2015 1984,
9the attorneys representing both the gestational surrogate and
10the intended parent or parents certify that the parties entered
11into a gestational surrogacy contract intended to satisfy the
12requirements of Section 25 of this Act with respect to the
13child.
14    (b) The attorneys' certifications required by subsection
15(a) of this Section shall be filed on forms prescribed by the
16Illinois Department of Public Health and in a manner consistent
17with the requirement of the Illinois Parentage Act of 2015
181984.
19(Source: P.A. 93-921, eff. 1-1-05.)
 
20    Section 972. The Adoption Act is amended by changing
21Sections 1, 8, 12a, and 18.06 as follows:
 
22    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
23    Sec. 1. Definitions. When used in this Act, unless the

 

 

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1context otherwise requires:
2    A. "Child" means a person under legal age subject to
3adoption under this Act.
4    B. "Related child" means a child subject to adoption where
5either or both of the adopting parents stands in any of the
6following relationships to the child by blood, marriage,
7adoption, or civil union: parent, grand-parent,
8great-grandparent, brother, sister, step-parent,
9step-grandparent, step-brother, step-sister, uncle, aunt,
10great-uncle, great-aunt, first cousin, or second cousin. A
11person is related to the child as a first cousin or second
12cousin if they are both related to the same ancestor as either
13grandchild or great-grandchild. A child whose parent has
14executed a consent to adoption, a surrender, or a waiver
15pursuant to Section 10 of this Act or whose parent has signed a
16denial of paternity pursuant to Section 12 of the Vital Records
17Act or Section 12a of this Act, or whose parent has had his or
18her parental rights terminated, is not a related child to that
19person, unless (1) the consent is determined to be void or is
20void pursuant to subsection O of Section 10 of this Act; or (2)
21the parent of the child executed a consent to adoption by a
22specified person or persons pursuant to subsection A-1 of
23Section 10 of this Act and a court of competent jurisdiction
24finds that such consent is void; or (3) the order terminating
25the parental rights of the parent is vacated by a court of
26competent jurisdiction.

 

 

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1    C. "Agency" for the purpose of this Act means a public
2child welfare agency or a licensed child welfare agency.
3    D. "Unfit person" means any person whom the court shall
4find to be unfit to have a child, without regard to the
5likelihood that the child will be placed for adoption. The
6grounds of unfitness are any one or more of the following,
7except that a person shall not be considered an unfit person
8for the sole reason that the person has relinquished a child in
9accordance with the Abandoned Newborn Infant Protection Act:
10        (a) Abandonment of the child.
11        (a-1) Abandonment of a newborn infant in a hospital.
12        (a-2) Abandonment of a newborn infant in any setting
13    where the evidence suggests that the parent intended to
14    relinquish his or her parental rights.
15        (b) Failure to maintain a reasonable degree of
16    interest, concern or responsibility as to the child's
17    welfare.
18        (c) Desertion of the child for more than 3 months next
19    preceding the commencement of the Adoption proceeding.
20        (d) Substantial neglect of the child if continuous or
21    repeated.
22        (d-1) Substantial neglect, if continuous or repeated,
23    of any child residing in the household which resulted in
24    the death of that child.
25        (e) Extreme or repeated cruelty to the child.
26        (f) There is a rebuttable presumption, which can be

 

 

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1    overcome only by clear and convincing evidence, that a
2    parent is unfit if:
3            (1) Two or more findings of physical abuse have
4        been entered regarding any children under Section 2-21
5        of the Juvenile Court Act of 1987, the most recent of
6        which was determined by the juvenile court hearing the
7        matter to be supported by clear and convincing
8        evidence; or
9            (2) The parent has been convicted or found not
10        guilty by reason of insanity and the conviction or
11        finding resulted from the death of any child by
12        physical abuse; or
13            (3) There is a finding of physical child abuse
14        resulting from the death of any child under Section
15        2-21 of the Juvenile Court Act of 1987.
16            No conviction or finding of delinquency pursuant
17        to Article V of the Juvenile Court Act of 1987 shall be
18        considered a criminal conviction for the purpose of
19        applying any presumption under this item (f).
20        (g) Failure to protect the child from conditions within
21    his environment injurious to the child's welfare.
22        (h) Other neglect of, or misconduct toward the child;
23    provided that in making a finding of unfitness the court
24    hearing the adoption proceeding shall not be bound by any
25    previous finding, order or judgment affecting or
26    determining the rights of the parents toward the child

 

 

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1    sought to be adopted in any other proceeding except such
2    proceedings terminating parental rights as shall be had
3    under either this Act, the Juvenile Court Act or the
4    Juvenile Court Act of 1987.
5        (i) Depravity. Conviction of any one of the following
6    crimes shall create a presumption that a parent is depraved
7    which can be overcome only by clear and convincing
8    evidence: (1) first degree murder in violation of paragraph
9    1 or 2 of subsection (a) of Section 9-1 of the Criminal
10    Code of 1961 or the Criminal Code of 2012 or conviction of
11    second degree murder in violation of subsection (a) of
12    Section 9-2 of the Criminal Code of 1961 or the Criminal
13    Code of 2012 of a parent of the child to be adopted; (2)
14    first degree murder or second degree murder of any child in
15    violation of the Criminal Code of 1961 or the Criminal Code
16    of 2012; (3) attempt or conspiracy to commit first degree
17    murder or second degree murder of any child in violation of
18    the Criminal Code of 1961 or the Criminal Code of 2012; (4)
19    solicitation to commit murder of any child, solicitation to
20    commit murder of any child for hire, or solicitation to
21    commit second degree murder of any child in violation of
22    the Criminal Code of 1961 or the Criminal Code of 2012; (5)
23    predatory criminal sexual assault of a child in violation
24    of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
25    or the Criminal Code of 2012; (6) heinous battery of any
26    child in violation of the Criminal Code of 1961; or (7)

 

 

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1    aggravated battery of any child in violation of the
2    Criminal Code of 1961 or the Criminal Code of 2012.
3        There is a rebuttable presumption that a parent is
4    depraved if the parent has been criminally convicted of at
5    least 3 felonies under the laws of this State or any other
6    state, or under federal law, or the criminal laws of any
7    United States territory; and at least one of these
8    convictions took place within 5 years of the filing of the
9    petition or motion seeking termination of parental rights.
10        There is a rebuttable presumption that a parent is
11    depraved if that parent has been criminally convicted of
12    either first or second degree murder of any person as
13    defined in the Criminal Code of 1961 or the Criminal Code
14    of 2012 within 10 years of the filing date of the petition
15    or motion to terminate parental rights.
16