Text of IL HB 6191 (2012)

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6191 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED: See Index Creates the Illinois Parentage Act of 2012. Provides methods for the establishment of a parent-child relationship. Authorizes genetic testing. Provides for temporary relief and proceedings to adjudicate parentage. Establishes procedures regarding parentage of a child of assisted reproduction. Provides for child support establishment and enforcement. Repeals the Illinois Parentage Act and the Illinois Parentage Act of 1984. Amends numerous Acts to make conforming changes. LRB097 13524 JLS 69734 b A BILL FOR HB6191LRB097 13524 JLS 69734 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4ARTICLE 1. GENERAL PROVISIONS 5 Section 101. Short title. This Act may be cited as the 6Illinois Parentage Act of 2012. 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 every parent, regardless of the legal 12relationship of the parents, and regardless of whether a parent 13is 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, HB6191- 2 -LRB097 13524 JLS 69734 b 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 or acknowledged father; 5 (2) a man whose parental rights have been terminated or 6 declared not to exist; or 7 (3) a male donor. 8 (d) "Assisted reproduction" means a method of causing 9pregnancy other than sexual intercourse. The term includes: 10 (1) intrauterine insemination; 11 (2) donation of eggs; 12 (3) donation of embryos; 13 (4) in-vitro fertilization and transfer of embryos; 14 and 15 (5) intracytoplasmic sperm injection. 16 (e) "Child" means an individual of any age whose parentage 17may be established under this Act. 18 (f) "Combined paternity index" means the likelihood of 19paternity calculated by computing the ratio between: 20 (1) the likelihood that the tested man is the father, 21 based on the genetic markers of the tested man, mother, and 22 child, conditioned on the hypothesis that the tested man is 23 the father of the child; and 24 (2) the likelihood that the tested man is not the 25 father, based on the genetic markers of the tested man, 26 mother, and child, conditioned on the hypothesis that the HB6191- 3 -LRB097 13524 JLS 69734 b 1 tested man is not the father of the child and that the 2 father is of the same ethnic or racial group as the tested 3 man. 4 (g) "Commence" means to file the initial pleading seeking 5an adjudication of parentage in the circuit court of this 6State. 7 (h) "Determination of parentage" means the establishment 8of the parent-child relationship by the signing of a Voluntary 9Acknowledgment of Paternity under Article 3 or adjudication by 10the court or as authorized under Article X of the Illinois 11Public Aid Code. 12 (i) "Donor" means an individual who contributes a gamete or 13gametes used for assisted reproduction, whether or not for 14consideration. The term does not include: 15 (1) a husband who provides sperm, or a wife who 16 provides eggs, to be used for assisted reproduction by the 17 wife; 18 (2) a woman who gives birth to a child by means of 19 assisted reproduction, except as otherwise provided in the 20 Gestational Surrogacy Act; or 21 (3) a parent under Article 7, or an intended parent 22 under the Gestational Surrogacy Act. 23 (j) "Ethnic or racial group" means, for purposes of genetic 24testing, a recognized group that an individual identifies as 25all or part of the individual's ancestry or that is so 26identified by other information. HB6191- 4 -LRB097 13524 JLS 69734 b 1 (k) "Gamete" means either a sperm or an egg. 2 (l) "Genetic testing" means an analysis of genetic markers 3to exclude or identify a man as the father or a woman as the 4mother of a child as provided in Article 4 of this Act. 5 (m) "Gestational mother" means an adult woman who gives 6birth to a child under a gestational agreement. 7 (n) "Man" means a male individual of any age. 8 (o) "Parent" means an individual who has established a 9parent-child relationship under Section 201. 10 (p) "Parent-child relationship" means the legal 11relationship between a child and a parent of the child. 12 (q) "Presumed parent" means an individual who, by operation 13of law under Section 204, is recognized as the parent of a 14child until that status is rebutted or confirmed in a judicial 15or administrative proceeding. 16 (r) "Probability of paternity" means the measure, for the 17ethnic or racial group to which the alleged father belongs, of 18the probability that the man in question is the father of the 19child, compared with a random, unrelated man of the same ethnic 20or racial group, expressed as a percentage incorporating the 21combined paternity index and a prior probability. 22 (s) "Record" means information that is inscribed on a 23tangible medium or that is stored in an electronic or other 24medium and is retrievable in perceivable form. 25 (t) "Signatory" means an individual who authenticates a 26record and is bound by its terms. HB6191- 5 -LRB097 13524 JLS 69734 b 1 (u) "State" means a state of the United States, the 2District of Columbia, Puerto Rico, the United States Virgin 3Islands, or any territory or insular possession subject to the 4jurisdiction of the United States. 5 (v) "Support-enforcement agency" means a public official 6or agency authorized to seek: 7 (1) enforcement of support orders or laws relating to 8 the duty of support; 9 (2) establishment or modification of child support; 10 (3) determination of parentage; or 11 (4) location of child-support obligors and their 12 income and assets. 13 Section 104. Scope of Act; choice of law. 14 (a) This Act applies to determination of parentage in this 15State. 16 (b) The court shall apply the law of this State to 17adjudicate the parent-child relationship. The applicable law 18does not depend on: 19 (1) the place of birth of the child; or 20 (2) the past or present residence of the child. 21 (c) This Act does not create, enlarge, or diminish parental 22rights or duties under other law of this State. 23 Section 105. Authority to establish parentage. The circuit 24courts are authorized to establish parentage under this Act. HB6191- 6 -LRB097 13524 JLS 69734 b 1The Illinois Department of Healthcare and Family Services may 2make administrative determinations of paternity and 3nonpaternity in accordance with Section 10-17.7 of the Illinois 4Public Aid Code. Such administrative determinations shall have 5the full force and effect of court judgments entered under this 6Act. 7 Section 106. Protection of participants. Proceedings under 8this Act are subject to other law of this State governing the 9health, safety, privacy, and liberty of a child or other 10individual who could be jeopardized by disclosure of 11identifying information, including address, telephone number, 12place of employment, social security number, and the child's 13day-care facility and school. 14ARTICLE 2. PARENT-CHILD RELATIONSHIP 15 Section 201. Establishment of parent-child relationship. 16 (a) The parent-child relationship is established between a 17woman and a child by: 18 (1) the woman's having given birth to the child, except 19 as otherwise provided in the Gestational Surrogacy Act; 20 (2) an adjudication of the woman's parentage; 21 (3) adoption of the child by the woman; 22 (4) a determination confirming the woman as a parent of 23 a child born to a gestational mother if a gestational HB6191- 7 -LRB097 13524 JLS 69734 b 1 agreement is valid under the Gestational Surrogacy Act or 2 is enforceable under other law; or 3 (5) an unrebutted presumption of the woman's parentage 4 of the child under Section 204. 5 (b) The parent-child relationship is established between a 6man and a child by: 7 (1) an unrebutted presumption of the man's parentage of 8 the child under Section 204; 9 (2) an effective Voluntary Acknowledgment of Paternity 10 by the man under Article 3, unless the acknowledgment has 11 been rescinded or successfully challenged; 12 (3) an adjudication of the man's parentage; 13 (4) adoption of the child by the man; 14 (5) the man's having consented to assisted 15 reproduction by a woman under Article 7 which resulted in 16 the birth of the child; or 17 (6) a determination confirming the man as a parent of a 18 child born to a gestational surrogate if there is a 19 gestational agreement valid under the Gestational 20 Surrogacy Act or there is a surrogacy agreement enforceable 21 under other law. 22 (c) Insofar as practicable, the provisions of this Act 23applicable to parent-child relationships shall apply equally 24to men and women as parents, including, but not limited to, the 25obligation to support. HB6191- 8 -LRB097 13524 JLS 69734 b 1 Section 202. Parents' legal relationship. Every child has 2equal rights under the law regardless of the parents' legal 3relationship. 4 Section 203. Consequences of establishment of parentage. A 5parent-child relationship established under this Act applies 6for all purposes, except as otherwise specifically provided by 7other law of this State. 8 Section 204. Presumption of parentage. 9 (a) A man is presumed to be the parent of a child if: 10 (1) he and the mother of the child are married to each 11 other or are in a state-recognized civil union and the 12 child is born to the mother during the marriage or civil 13 union, except as provided by the Gestational Surrogacy Act 14 or Article 7 of this Act; 15 (2) he and the mother of the child were married to each 16 other or were in a state-recognized civil union and the 17 child is born to the mother within 300 days after the 18 marriage or civil union is terminated by death, declaration 19 of invalidity of marriage or civil union, judgment for 20 dissolution of marriage or civil union, or after a judgment 21 for legal separation, except as provided by the Gestational 22 Surrogacy Act or Article 7 of this Act; 23 (3) before the birth of the child, he and the mother of 24 the child married each other or entered into a HB6191- 9 -LRB097 13524 JLS 69734 b 1 state-recognized civil union in apparent compliance with 2 law, even if the attempted marriage or civil union is or 3 could be declared invalid, and the child is born during the 4 invalid marriage or civil union or within 300 days after 5 its termination by death, declaration of invalidity of 6 marriage or civil union, judgment for dissolution of 7 marriage or civil union, or after a judgment for legal 8 separation, except as provided by the Gestational 9 Surrogacy Act or Article 7 of this Act; 10 (4) after the child's birth, he and the child's mother 11 have married each other or entered into a state-recognized 12 civil union, even though the marriage or civil union is or 13 could be declared invalid, and he is named, with his 14 written consent, as the child's father on the child's birth 15 certificate; or 16 (5) for the first 2 years of the child's life, he 17 resided in a household with the child and openly held out 18 the child as his own during that time. 19 (b) A woman is presumed to be the parent of a child if she 20and the natural mother of the child were in a state-recognized 21civil union or marriage at the time of the birth and the 22natural father of the child has not commenced an action to 23establish his parentage. 24 Section 205. Proceedings to declare the non-existence of 25the parent-child relationship. HB6191- 10 -LRB097 13524 JLS 69734 b 1 (a) An action to declare the non-existence of the 2parent-child relationship may be brought by the child, the 3natural mother, or a man or woman presumed to be the parent 4under Section 204 of this Act. Actions brought by the child, 5the natural mother, or a presumed parent shall be brought by 6verified complaint, which shall be designated a petition. After 7the presumption that a man or woman presumed to be the parent 8under Section 204 of this Act has been rebutted, parentage of 9the child by another man or woman may be established in the 10same action, if he or she has been made a party. 11 (b) An action to declare the non-existence of the 12parent-child relationship brought under subsection (a) of this 13Section shall be barred if brought later than 2 years after the 14petitioner obtains knowledge of the relevant facts. The 2-year 15period for bringing an action to declare the non-existence of 16the parent-child relationship shall not extend beyond the date 17on which the child reaches the age of 18 years. Failure to 18bring an action within 2 years shall not bar any party from 19asserting a defense in any action to declare the existence of 20the parent-child relationship. 21 (c) An action to declare the non-existence of the 22parent-child relationship may be brought subsequent to an 23adjudication of parentage in any judgment by the man 24adjudicated to be the parent pursuant to a presumption in 25paragraphs (a)(1) through (a)(4) of Section 204 if, as a result 26of deoxyribonucleic acid (DNA) testing, it is discovered that HB6191- 11 -LRB097 13524 JLS 69734 b 1the man adjudicated to be the father is not the natural father 2of the child. Actions brought by the adjudicated father shall 3be brought by verified petition. If, as a result of the 4deoxyribonucleic acid (DNA) testing, the petitioner is 5determined not to be the natural father of the child, the 6adjudication of paternity and any orders regarding custody, 7parenting time, and future payments of support may be vacated. 8 (d) An action to declare the non-existence of the 9parent-child relationship brought under subsection (c) of this 10Section shall be barred if brought more than 2 years after the 11petitioner obtains actual knowledge of relevant facts. The 122-year period shall not apply to periods of time where the 13natural mother or the child refuses to submit to 14deoxyribonucleic acid (DNA) testing. The 2-year period for 15bringing an action to declare the non-existence of the 16parent-child relationship shall not extend beyond the date on 17which the child reaches the age of 18 years. 18ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY 19 Section 301. Voluntary Acknowledgment of Paternity. A 20parent-child relationship may be established voluntarily by 21the signing and witnessing of a Voluntary Acknowledgment of 22Paternity in accordance with Section 12 of the Vital Records 23Act and Section 10-17.7 of the Illinois Public Aid Code. The 24Voluntary Acknowledgment of Paternity shall contain the social HB6191- 12 -LRB097 13524 JLS 69734 b 1security numbers of the persons signing the Voluntary 2Acknowledgment of Paternity; however, failure to include the 3social security numbers of the persons signing a Voluntary 4Acknowledgment of Paternity does not invalidate the Voluntary 5Acknowledgment of Paternity. 6 Section 302. Execution of Voluntary Acknowledgment of 7Paternity. 8 (a) A Voluntary Acknowledgment of Paternity must: 9 (1) be in a record; 10 (2) be signed, or otherwise authenticated, under 11 penalty of perjury by the mother and by the man seeking to 12 establish his paternity; 13 (3) state that the child whose paternity is being 14 acknowledged: 15 (A) does not have a presumed father, or has a 16 presumed father whose full name is stated; and 17 (B) does not have another acknowledged or 18 adjudicated father; 19 (4) be witnessed; and 20 (5) state that the signatories understand that the 21 acknowledgment is the equivalent of a judicial 22 adjudication of paternity of the child and that a challenge 23 to the acknowledgment is permitted only under limited 24 circumstances and is barred after 4 years. 25 (b) An acknowledgment of paternity is void if it: HB6191- 13 -LRB097 13524 JLS 69734 b 1 (1) states that another man is a presumed father, 2 unless a denial of paternity signed or otherwise 3 authenticated by the presumed father is filed with the 4 Illinois Department of Healthcare and Family Services, as 5 provided by law; 6 (2) states that another man is an acknowledged or 7 adjudicated father; or 8 (3) falsely denies the existence of a presumed, 9 acknowledged, or adjudicated father of the child. 10 (c) A presumed father may sign or otherwise authenticate an 11acknowledgment of paternity. 12 Section 303. Denial of paternity. A presumed father may 13sign a denial of his paternity. The denial is valid only if: 14 (a) a Voluntary Acknowledgment of Paternity signed, or 15otherwise authenticated, by another man is filed pursuant to 16Section 305; 17 (b) the denial is in a record, and is signed, or otherwise 18authenticated, under penalty of perjury; and 19 (c) the presumed father has not previously: 20 (1) acknowledged his paternity, unless the previous 21 acknowledgment has been rescinded pursuant to Section 307 22 or successfully challenged pursuant to Section 308; or 23 (2) been adjudicated to be the father of the child. 24 Section 304. Rules for acknowledgment and denial of HB6191- 14 -LRB097 13524 JLS 69734 b 1paternity. 2 (a) An acknowledgment of paternity and a denial of 3paternity may be contained in a single document or may be 4signed in counterparts, and may be filed separately or 5simultaneously. If the acknowledgement and denial are both 6necessary, neither is valid until both are filed. 7 (b) An acknowledgment of paternity or a denial of paternity 8may be signed before the birth of the child. 9 (c) Subject to subsection (a), an acknowledgment of 10paternity or denial of paternity takes effect on the birth of 11the child or the filing of the document with the Illinois 12Department of Healthcare and Family Services, as provided by 13law, whichever occurs later. 14 (d) An acknowledgment of paternity or denial of paternity 15signed by a minor is valid if it is otherwise in compliance 16with this Act. 17 Section 305. Effect of acknowledgment or denial of 18paternity. 19 (a) Except as otherwise provided in Sections 307 and 308, a 20valid acknowledgment of paternity filed with the Illinois 21Department of Healthcare and Family Services, as provided by 22law, is equivalent to an adjudication of the paternity of a 23child and confers upon the acknowledged father all of the 24rights and duties of a parent. 25 (b) Notwithstanding any other provisions of this Act, HB6191- 15 -LRB097 13524 JLS 69734 b 1paternity established in accordance with Section 301 has the 2full force and effect of a judgment entered under this Act and 3serves as a basis for seeking a child support order without any 4further proceedings to establish paternity. 5 (c) A judicial or administrative proceeding to ratify 6paternity established in accordance with Section 301 is neither 7required nor permitted. 8 (d) Except as otherwise provided in Sections 307 and 308, a 9valid denial of paternity by a presumed father filed with the 10Illinois Department of Healthcare and Family Services, as 11provided by law, in conjunction with a Voluntary Acknowledgment 12of Paternity, is equivalent to an adjudication of the 13nonpaternity of the presumed father and discharges the presumed 14father from all rights and duties of a parent. 15 Section 306. No filing fee. The Illinois Department of 16Healthcare and Family Services, as provided by law, may not 17charge for filing a Voluntary Acknowledgment of Paternity or 18denial of paternity. 19 Section 307. Proceeding for rescission. A signatory may 20rescind a Voluntary Acknowledgment of Paternity or denial of 21paternity by filing a signed and witnessed rescission with the 22Illinois Department of Healthcare and Family Services as 23provided in Section 12 of the Vital Records Act, before the 24earlier of: HB6191- 16 -LRB097 13524 JLS 69734 b 1 (a) 60 days after the effective date of the acknowledgment 2or denial, as provided in Section 304; or 3 (b) the date of a judicial or administrative proceeding 4relating to the child (including a proceeding to establish a 5support order) in which the signatory is a party. 6 Section 308. Challenge after expiration of period for 7rescission. After the period for rescission under Section 307 8has expired, a signatory of a Voluntary Acknowledgment of 9Paternity or denial of paternity may commence a proceeding to 10challenge the acknowledgment or denial only as provided in 11Section 309. 12 Section 309. Procedure for challenge. 13 (a) An acknowledgment of paternity and any related denial 14of paternity may be challenged only on the basis of fraud, 15duress, or material mistake of fact by filing a verified 16petition pursuant to this Section within 4 years after the 17effective date of the acknowledgment or denial, as provided in 18Section 304. Time during which the person challenging the 19acknowledgment or denial is under legal disability or duress or 20the ground for relief is fraudulently concealed shall be 21excluded in computing the period of 4 years. 22 (b) The verified petition shall be filed in the county 23where a proceeding relating to the child was brought, such as a 24support proceeding or, if none exists, in the county where the HB6191- 17 -LRB097 13524 JLS 69734 b 1child resides. Every signatory to the acknowledgment of 2paternity and any related denial of paternity must be made a 3party to a proceeding to challenge the acknowledgment or 4denial. The party challenging the acknowledgment or denial 5shall have the burden of proof. 6 (c) For the purpose of a challenge to an acknowledgment of 7paternity or denial of paternity, a signatory submits to 8personal jurisdiction of this State by signing the 9acknowledgment and any related denial, effective upon the 10filing of the acknowledgment and any related denial with the 11Illinois Department of Healthcare and Family Services, as 12provided in Section 12 of the Vital Records Act. 13 (d) Except for good cause shown, during the pendency of a 14proceeding to challenge an acknowledgment of paternity or 15denial of paternity, the court may not suspend the legal 16responsibilities of a signatory arising from the 17acknowledgment, including the duty to pay child support. 18 (e) At the conclusion of a proceeding to challenge an 19acknowledgment of paternity or denial of paternity, the court 20shall order the Illinois Department of Public Health to amend 21the birth record of the child, if appropriate. A copy of an 22order entered at the conclusion of a proceeding to challenge 23shall be provided to the Illinois Department of Healthcare and 24Family Services. 25 Section 310. Ratification barred. A court or HB6191- 18 -LRB097 13524 JLS 69734 b 1administrative agency conducting a judicial or administrative 2proceeding is not required or permitted to ratify an 3unchallenged acknowledgment of paternity. 4 Section 311. Full faith and credit. A court of this State 5shall give full faith and credit to an acknowledgment of 6paternity or denial of paternity effective in another state if 7the acknowledgment or denial has been signed and is otherwise 8in compliance with the law of the other state. 9 Section 312. Forms for acknowledgment and denial of 10paternity. 11 (a) To facilitate compliance with this Article, the 12Illinois Department of Healthcare and Family Services shall 13prescribe forms for the acknowledgment of paternity and the 14denial of paternity and for the rescission of acknowledgement 15or denial consistent with Section 307. 16 (b) A Voluntary Acknowledgment of Paternity or denial of 17paternity is not affected by a later modification of the 18prescribed form. 19 Section 313. Release of information. The Illinois 20Department of Healthcare and Family Services may release 21information relating to the acknowledgment of paternity or 22denial of paternity to a signatory of the acknowledgment or 23denial; to the child's guardian, the emancipated child, or the HB6191- 19 -LRB097 13524 JLS 69734 b 1legal representatives of those individuals; to appropriate 2federal agencies; and to courts and appropriate agencies of 3this State or another state. 4 Section 314. Adoption of rules. The Illinois Department of 5Public Health and the Illinois Department of Healthcare and 6Family Services may adopt rules to implement this Article. 7ARTICLE 4. GENETIC TESTING 8 Section 401. Proceeding authorized. As soon as 9practicable, the court or Administrative Hearing Officer in an 10Expedited Child Support System may, and upon request of a party 11shall, order or direct the mother, child, and alleged father to 12submit to deoxyribonucleic acid (DNA) testing to determine 13inherited characteristics. If any party refuses to submit to 14genetic testing, the court may resolve the question of 15paternity against that party or enforce its order if the rights 16of others and the interests of justice so require. 17 Section 402. Requirements for genetic testing. 18 (a) The genetic testing shall be conducted by an expert 19qualified as an examiner of blood or tissue types and appointed 20by the court. The expert shall determine the genetic testing 21procedures. However, any interested party, for good cause 22shown, in advance of the scheduled genetic testing, may request HB6191- 20 -LRB097 13524 JLS 69734 b 1a hearing to object to the qualifications of the expert or the 2genetic testing procedures. The expert appointed by the court 3shall testify at the pre-test hearing at the expense of the 4party requesting the hearing, except as provided in Section 504 5for an indigent party. An expert not appointed by the court 6shall testify at the pre-test hearing at the expense of the 7party retaining the expert. Inquiry into an expert's 8qualifications at the pre-test hearing shall not affect either 9party's right to have the expert qualified at trial. 10 (b) Genetic testing must be of a type reasonably relied 11upon by experts in the field of genetic testing and performed 12in a testing laboratory accredited by the American Association 13of Blood Banks, or a successor to its functions. 14 (c) A specimen used in genetic testing may consist of one 15or more samples, or a combination of samples, of blood, buccal 16cells, bone, hair, or other body tissue or fluid. 17 (d) The testing laboratory shall determine the databases 18from which to select frequencies for use in calculation of the 19probability of paternity based on the ethnic or racial group of 20an individual or individuals. If there is disagreement as to 21the testing laboratory's choice, the following rules apply: 22 (1) The individual objecting may require the testing 23 laboratory, within 30 days after receipt of the report of 24 the genetic testing, to recalculate the probability of 25 paternity using an ethnic or racial group different from 26 that used by the laboratory. HB6191- 21 -LRB097 13524 JLS 69734 b 1 (2) The individual objecting to the testing 2 laboratory's initial choice shall: 3 (A) if the frequencies are not available to the 4 testing laboratory for the ethnic or racial group 5 requested, provide the requested frequencies compiled 6 in a manner recognized by accrediting bodies; or 7 (B) engage another testing laboratory to perform 8 the calculations. 9 (e) If, after recalculation using a different ethnic or 10racial group, genetic testing does not reputably identify a man 11as the father of a child, an individual who has been tested may 12be required to submit to additional genetic testing. 13 Section 403. Genetic test results. 14 (a) The expert shall prepare a written report of the 15genetic test results. If the genetic test results show that the 16alleged father is not excluded, the report shall contain 17statistics based upon the statistical formula of combined 18paternity index (CPI) and the probability of paternity as 19determined by the probability of exclusion (Random Man Not 20Excluded = RMNE). The expert may be called by the court as a 21witness to testify to his or her findings and, if called, shall 22be subject to cross-examination by the parties. If the genetic 23test results show that the alleged father is not excluded, any 24party may demand that other experts, qualified as examiners of 25blood or tissue types, perform independent genetic testing HB6191- 22 -LRB097 13524 JLS 69734 b 1under order of court, including, but not limited to, blood 2types or other testing of genetic markers. The results of the 3genetic testing may be offered into evidence. The number and 4qualifications of the experts shall be determined by the court. 5 (b) Documentation of the chain of custody of the blood or 6tissue samples, accompanied by an affidavit or certification in 7accordance with Section 1-109 of the Code of Civil Procedure, 8is competent evidence to establish the chain of custody. 9 (c) The report of the genetic test results prepared by the 10appointed expert shall be made by affidavit or by certification 11as provided in Section 1-109 of the Code of Civil Procedure and 12shall be mailed to all parties. A proof of service shall be 13filed with the court. The verified report shall be admitted 14into evidence at trial without foundation testimony or other 15proof of authenticity or accuracy, unless a written motion 16challenging the admissibility of the report is filed by either 17party within 28 days of receipt of the report, in which case 18expert testimony shall be required. A party may not file such a 19motion challenging the admissibility of the report later than 2028 days before commencement of trial. Before trial, the court 21shall determine whether the motion is sufficient to deny 22admission of the report by verification. Failure to make that 23timely motion constitutes a waiver of the right to object to 24admission by verification and shall not be grounds for a 25continuance of the hearing to establish paternity. HB6191- 23 -LRB097 13524 JLS 69734 b 1 Section 404. Effect of genetic testing. Genetic testing 2taken pursuant to this Section shall have the following effect: 3 (a) If the court finds that the conclusion of the expert or 4experts, as disclosed by the evidence based upon the genetic 5testing, is that the alleged father is not the parent of the 6child, the question of paternity shall be resolved accordingly. 7 (b) If the experts disagree in their findings or 8conclusions, the question shall be weighed with other competent 9evidence of paternity. 10 (c) If the genetic testing results indicate that the 11alleged father is not excluded and that the combined paternity 12index is at least 1,000 to 1, and there is at least a 99.9% 13probability of paternity, the alleged father is presumed to be 14the father, and this evidence shall be admitted. 15 (d) A man identified under subsection (c) of this Section 16as the father of the child may rebut the genetic testing 17results by other genetic testing satisfying the requirements of 18this Article which: 19 (1) excludes the man as a genetic father of the child; 20 or 21 (2) identifies another man as the possible father of 22 the child. 23 (e) Except as otherwise provided in this Article 4, if more 24than one man is identified by genetic testing as the possible 25father of the child, the court shall order them to submit to 26further genetic testing to identify the genetic father. HB6191- 24 -LRB097 13524 JLS 69734 b 1 Section 405. Cost of genetic testing. The expense of the 2genetic testing shall be paid by the party who requests the 3genetic testing, except that the court may apportion the costs 4between the parties, upon request. When the genetic testing is 5requested by the party seeking to establish paternity and that 6party is found to be indigent by the court, the expense shall 7be paid by the public agency providing representation; except 8that where a public agency is not providing representation, the 9expense shall be paid by the county in which the action is 10brought. When the genetic testing is ordered by the court on 11its own motion or is requested by the alleged or presumed 12father and that father is found to be indigent by the court, 13the expense shall be paid by the county in which the action is 14brought. Any part of the expense may be taxed as costs in the 15action, except that no costs may be taxed against a public 16agency that has not requested the genetic testing. 17 Section 406. Compensation of expert. The compensation of 18each expert witness appointed by the court shall be paid as 19provided in Section 405. Any part of the payment may be taxed 20as costs in the action, except that no costs may be taxed 21against a public agency that has not requested the services of 22the expert witness. 23 Section 407. Independent genetic testing. Nothing in this HB6191- 25 -LRB097 13524 JLS 69734 b 1Section shall prevent any party from obtaining genetic testing 2of his or her own blood or tissue independent of those ordered 3by the court or from presenting expert testimony interpreting 4those tests or any other blood tests ordered pursuant to this 5Section. Reports of all the independent tests, accompanied by 6affidavit or certification pursuant to Section 1-109 of the 7Code of Civil Procedure, and notice of any expert witnesses to 8be called to testify to the results of those tests shall be 9submitted to all parties at least 30 days before any hearing 10set to determine the issue of parentage. 11 Section 408. Additional persons to be tested. 12 (a) Subject to subsection (b), if a genetic-testing 13specimen is not available from a man who may be the father of a 14child, for good cause and under circumstances the court 15considers to be just, the court may order the following 16individuals to submit specimens for genetic testing: 17 (1) the parents of the man; 18 (2) brothers and sisters of the man; 19 (3) other children of the man and their mothers; and 20 (4) other relatives of the man necessary to complete 21 genetic testing. 22 (b) Issuance of an order under this Section requires a 23finding that a need for genetic testing outweighs the 24legitimate interests of the individual sought to be tested and 25in no event shall such an order be issued until the individual HB6191- 26 -LRB097 13524 JLS 69734 b 1is joined as a party and given notice as required under the 2Code of Civil Procedure. 3ARTICLE 5. TEMPORARY RELIEF 4 Section 501. Temporary order. 5 (a) On motion by a party and a showing of clear and 6convincing evidence of parentage, the court shall issue a 7temporary order for support of a child if the order is 8appropriate and the individual ordered to pay support is: 9 (1) a presumed parent of the child; 10 (2) petitioning to have parentage adjudicated; 11 (3) identified as the father through genetic testing 12 under Article 4; 13 (4) an alleged father who has declined to submit to 14 genetic testing; 15 (5) shown by clear and convincing evidence to be the 16 child's father; or 17 (6) the mother of the child. 18 In determining the amount of a temporary child support 19award, the court shall use the guidelines and standards set 20forth in Sections 505 and 505.2 of the Illinois Marriage and 21Dissolution of Marriage Act. 22 (b) A temporary order may include provisions for custody 23and parenting time as provided by the Illinois Marriage and 24Dissolution of Marriage Act. HB6191- 27 -LRB097 13524 JLS 69734 b 1 (c) Temporary orders issued under this Section shall not 2have prejudicial effect with respect to final support, custody, 3or parenting time orders. 4 Section 502. Injunctive relief. 5 (a) In any action brought under this Act for the initial 6determination of parentage, custody or parenting time of a 7child or for modification of a prior custody or parenting time 8order, the court, upon application of any party, may enjoin a 9party having physical possession or custody of a child from 10temporarily removing the child from Illinois pending the 11adjudication of the issues of parentage, custody, and parenting 12time. When deciding whether to enjoin removal of a child, or to 13order a party to return the child to the State of Illinois, the 14court shall consider factors including, but not limited to: 15 (1) the extent of previous involvement with the child 16 by the party seeking to enjoin removal or to have the 17 absent party return the child to the State of Illinois; 18 (2) the likelihood that parentage will be established; 19 and 20 (3) the impact on the financial, physical, and 21 emotional health of the party being enjoined from removing 22 the child or the party being ordered to return the child to 23 the State of Illinois. 24 (b) A temporary restraining order or preliminary 25injunction under this Act shall be governed by the relevant HB6191- 28 -LRB097 13524 JLS 69734 b 1provisions of Part 1 of Article XI of the Code of Civil 2Procedure. 3 (c) Notwithstanding the provisions of subsection (a), the 4court may decline to enjoin a domestic violence victim having 5physical possession or custody of a child from temporarily or 6permanently removing the child from Illinois pending the 7adjudication of issues of custody or parenting time. In 8determining whether a person is a domestic violence victim, the 9court shall consider the following factors: 10 (1) a sworn statement by the person that the person 11 has good reason to believe that he or she is the victim of 12 domestic violence or stalking; 13 (2) a sworn statement that the person fears for his 14 or her safety or the safety of his or her children; 15 (3) evidence from police, court, or other 16 government agency records or files; 17 (4) documentation from a domestic violence program 18 if the person is alleged to be a victim of domestic 19 violence; 20 (5) documentation from a legal, clerical, medical, 21 or other professional from whom the person has sought 22 assistance in dealing with the alleged domestic violence; 23 and 24 (6) any other evidence that supports the sworn 25 statements, such as a statement from any other individual 26 with knowledge of the circumstances that provides the basis HB6191- 29 -LRB097 13524 JLS 69734 b 1 for the claim, or physical evidence of the act or acts of 2 domestic violence. 3ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE 4 Section 601. Proceeding authorized. A civil proceeding may 5be maintained to adjudicate the parentage of a child. The 6proceeding is governed by the Code of Civil Procedure and the 7Illinois Supreme Court Rules. Administrative proceedings 8adjudicating paternity shall be governed by Section 10-17.7 of 9the Illinois Public Aid Code. 10 Section 602. Standing to maintain proceeding to establish 11parent-child relationship. A complaint to adjudicate parentage 12shall be verified, shall be designated a petition, and shall 13name the person or persons alleged to be the parent of the 14child. Subject to Article 3 and Sections 607, 608, and 609, a 15proceeding to adjudicate parentage may be maintained by: 16 (a) the child; 17 (b) the mother of the child; 18 (c) a pregnant woman; 19 (d) a man presumed or alleging himself to be the father of 20the child; 21 (e) the support-enforcement agency or other governmental 22agency authorized by other law; 23 (f) any person or public agency that has custody of, is HB6191- 30 -LRB097 13524 JLS 69734 b 1providing financial support to, or has provided financial 2support to the child; 3 (g) the Department of Healthcare and Family Services if it 4is providing, or has provided, financial support to the child 5or if it is assisting with child support collections services; 6 (h) an authorized adoption agency or licensed 7child-placing agency; 8 (i) a representative authorized by law to act for an 9individual who would otherwise be entitled to maintain a 10proceeding but who is deceased, incapacitated, or a minor; or 11 (j) an intended parent under the Gestational Surrogacy Act. 12 Section 603. Subject matter and personal jurisdiction. 13 (a) The circuit courts shall have jurisdiction of any 14action brought under this Act. In any civil action not brought 15under this Act, the provisions of this Act shall apply if 16parentage is at issue. The court may join any action under this 17Act with any other civil action where applicable. 18 (b) An individual may not be adjudicated to be a parent 19unless the court has personal jurisdiction over the individual. 20 (c) A court of this State having jurisdiction to adjudicate 21parentage may exercise personal jurisdiction over a 22nonresident individual, or the guardian or conservator of the 23individual, if the conditions prescribed in Section 201 of the 24Uniform Interstate Family Support Act are fulfilled. 25 (d) Lack of jurisdiction over one individual does not HB6191- 31 -LRB097 13524 JLS 69734 b 1preclude the court from making an adjudication of parentage 2binding on another individual over whom the court has personal 3jurisdiction. 4 Section 604. Venue. 5 (a) Venue for a proceeding to adjudicate parentage is any 6county of this State in which any party resides, or if the 7father is deceased, in which a proceeding for probate or 8administration of the presumed or alleged father's estate has 9been commenced, or could be commenced. 10 (b) A child custody proceeding is commenced in the county 11where the child resides. 12 Section 605. Notice to presumed father. 13 (a) In any action brought under Article 3 or Article 6 of 14this Act where the man signing the petition for an order 15establishing the existence of the parent-child relationship by 16consent or the man alleged to be the father in a petition is 17different from a man who is presumed to be father of the child 18under Article 2, a notice shall be served on the presumed 19father in the same manner as summonses are served in other 20civil proceedings or, in lieu of personal service, service may 21be made as follows: 22 (1) The person requesting notice shall pay to the clerk 23 of the circuit court a mailing fee of $1.50 and furnish to 24 the clerk of the circuit court an original and one copy of HB6191- 32 -LRB097 13524 JLS 69734 b 1 a notice together with an affidavit setting forth the 2 presumed father's last known address. The original notice 3 shall be retained by the clerk of the circuit court. 4 (2) The clerk of the circuit court shall promptly mail 5 to the presumed father, at the address appearing in the 6 affidavit, the copy of the notice by certified mail, return 7 receipt requested. The envelope and return receipt shall 8 bear the return address of the clerk of the circuit court. 9 The receipt for certified mail shall state the name and 10 address of the addressee and the date of mailing and shall 11 be attached to the original notice. 12 (3) The return receipt, when returned to the clerk of 13 the circuit court, shall be attached to the original notice 14 and shall constitute proof of service. 15 (4) The clerk of the circuit court shall note the fact 16 of service in a permanent record. 17 (b) The notice shall read as follows: 18 IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER. 19 You have been identified as the presumed father of 20......... , born on ......... The mother of the child is 21......... 22 An action is being brought to establish the parent-child 23relationship between the named child and a man named by the 24mother, ......... 25 Under the law, you are presumed to be the father if: 26 (1) you and the mother of the child are married to each HB6191- 33 -LRB097 13524 JLS 69734 b 1 other and the child is born during the marriage; 2 (2) you and the mother of the child were married to 3 each other and the child is born within 300 days after the 4 marriage is terminated by death, declaration of invalidity 5 of marriage, judgment for dissolution of marriage, or after 6 a judgment for legal separation; 7 (3) before the birth of the child, you and the mother 8 of the child married each other in apparent compliance with 9 law, even if the attempted marriage is or could be declared 10 invalid, and the child is born during the invalid marriage 11 or within 300 days after its termination by death, 12 declaration of invalidity of marriage, judgment for 13 dissolution of marriage, or after a judgment for legal 14 separation; 15 (4) after the child's birth, you and the child's mother 16 have married each other, even though the marriage is or 17 could be declared invalid, and you are named, with your 18 written consent, as the child's father on the child's birth 19 certificate. 20 As the presumed father, you have certain legal rights with 21respect to the named child, including the right to notice of 22the filing of proceedings instituted for the establishment of 23parentage of said child and if named as the father in a 24petition to establish parentage, the right to submit, along 25with the mother and child, to deoxyribonucleic acid (DNA) tests 26to determine inherited characteristics. If you wish to assert HB6191- 34 -LRB097 13524 JLS 69734 b 1your rights with respect to said child, you must file with the 2Clerk of this Circuit Court of ......... County, Illinois whose 3address is ........ , Illinois, within 30 days after the date 4of receipt of this notice, a declaration of parentage stating 5that you are, in fact, the father of said child and that you 6intend to assert your legal rights with respect to said child, 7or request to be notified of any further proceedings with 8respect to the parentage of said child. 9 If you do not file such declaration of parentage, or a 10request for notice, then whatever legal rights you have with 11respect to the named child, including the right to notice of 12any future proceedings for the establishment of parentage of 13the child, may be terminated without any further notice to you. 14When your legal rights with respect to the named child are so 15terminated, you will not be entitled to notice of any future 16proceedings. 17 (c) The notice to presumed fathers provided for in this 18Section in any action brought by a public agency shall be 19prepared and mailed by such public agency and the mailing fee 20to the clerk of the circuit court shall be waived. 21 Section 606. Summons. The summons that is served on a 22respondent shall include the return date on or by which the 23respondent must appear and shall contain the following 24information, in a prominent place and in conspicuous language, 25in addition to the information required to be provided by the HB6191- 35 -LRB097 13524 JLS 69734 b 1laws of this State: "If you do not appear as instructed in this 2summons, you may be required to support the child named in this 3petition until the child is at least 18 years old. You may also 4have to pay the pregnancy and delivery costs of the mother.". 5 Section 607. No limitation; child having no presumed, 6acknowledged, or adjudicated parent. A proceeding to 7adjudicate the parentage of a child having no presumed, 8acknowledged, or adjudicated parent may be commenced at any 9time, even after: 10 (a) the child becomes an adult, but only if the child 11initiates the proceeding; or 12 (b) an earlier proceeding to adjudicate parentage has been 13dismissed based on the application of a statute of limitations 14then in effect. 15 Section 608. Limitation; child having presumed parent. 16 (a) Except as otherwise provided in subsection (b), a 17proceeding brought by a presumed father, the mother, or another 18individual to adjudicate the parentage of a child having a 19presumed father, must be commenced not later than 2 years after 20the birth of the child. 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 if the court 24determines that the presumed father and the mother of the child HB6191- 36 -LRB097 13524 JLS 69734 b 1neither cohabited nor engaged in sexual intercourse with each 2other during the probable time of conception. 3 Section 609. Limitation; child having acknowledged or 4adjudicated parent. 5 (a) If a child has an acknowledged father, a signatory to 6the acknowledgment of paternity or denial of paternity may 7commence a proceeding seeking to challenge the acknowledgement 8or denial or challenge the paternity of the child only within 9the time allowed under Section 309. 10 (b) If a child has an acknowledged father or an adjudicated 11father, an individual, other than the child, who is neither a 12signatory to the acknowledgment of paternity nor a party to the 13adjudication and who seeks an adjudication of parentage of the 14child must commence a proceeding not later than 2 years after 15the effective date of the acknowledgment or adjudication. 16 (c) A proceeding under this Section is subject to the 17application of the principles of estoppel established in 18Section 610. 19 Section 610. Authority to deny motion for genetic testing. 20 (a) In a proceeding to adjudicate the parentage of a child 21having a presumed father, the court may deny a motion seeking 22an order for genetic testing of the mother, the child, and the 23presumed father if the court determines that: 24 (1) the conduct of the mother or the presumed father HB6191- 37 -LRB097 13524 JLS 69734 b 1 estops that party from denying parentage; and 2 (2) it would be inequitable to disprove the 3 father-child relationship between the child and the 4 presumed father. 5 (b) In determining whether to deny a motion seeking an 6order for genetic testing under this Section, the court shall 7consider the best interest of the child, including the 8following factors: 9 (1) the length of time between the proceeding to 10 adjudicate parentage and the time that the presumed father 11 was placed on notice that he might not be the biological 12 father; 13 (2) the length of time during which the presumed father 14 has assumed the role of father of the child; 15 (3) the facts surrounding the presumed father's 16 discovery of his possible nonpaternity; 17 (4) the nature of the relationship between the child 18 and the presumed father; 19 (5) the age of the child; 20 (6) the harm that may result to the child if presumed 21 paternity is successfully disproved; 22 (7) the nature of the relationship between the child 23 and any alleged father; 24 (8) the extent to which the passage of time reduces the 25 chances of establishing the paternity of another man and a 26 child-support obligation in favor of the child; HB6191- 38 -LRB097 13524 JLS 69734 b 1 (9) other factors that may affect the equities arising 2 from the disruption of the father-child relationship 3 between the child and the presumed father or the chance of 4 other harm to the child; and 5 (10) any other factor the court determines to be 6 equitable. 7 (c) In a proceeding involving the application of this 8Section, a minor or incapacitated child must be represented by 9a guardian ad litem. 10 (d) If the court denies a motion seeking an order for 11genetic testing, it shall issue an order adjudicating the 12presumed father to be the father of the child. 13 Section 611. Joinder of proceedings. 14 (a) Except as otherwise provided in subsection (b), a 15proceeding to adjudicate parentage may be joined with a 16proceeding for adoption, termination of parental rights, child 17custody or parenting time, child support, dissolution of 18marriage or civil union, declaration of invalidity of marriage 19or civil union, legal separation, probate or administration of 20an estate, or other appropriate proceeding. 21 (b) A respondent may not join a proceeding described in 22subsection (a) with a proceeding to adjudicate parentage 23brought under the Uniform Interstate Family Support Act. 24 Section 612. Proceeding before birth. A proceeding to HB6191- 39 -LRB097 13524 JLS 69734 b 1establish parentage may be commenced before the birth of the 2child, but may not be concluded until after the birth of the 3child. The following actions may be taken before the birth of 4the child: 5 (a) service of process; 6 (b) the taking of depositions to perpetuate testimony; and 7 (c) except as prohibited by Article 4, collection of 8specimens for genetic testing. 9 Section 613. Child as party; representation. 10 (a) A minor child is a permissible party, but is not a 11necessary party to a proceeding under this Article. 12 (b) The court shall appoint a guardian ad litem to 13represent a minor or incapacitated child if the child is a 14party or the court finds that the interests of the child are 15not adequately represented. 16 Section 614. Admissibility of results of genetic testing; 17expenses. 18 (a) If a child has a presumed, acknowledged, or adjudicated 19father, the results of genetic testing are inadmissible to 20adjudicate parentage unless performed: 21 (1) with the consent of both the mother and the 22 presumed, acknowledged, or adjudicated father; or 23 (2) pursuant to an order of the court under Section 24 502. HB6191- 40 -LRB097 13524 JLS 69734 b 1 (b) Copies of bills for genetic testing and for prenatal 2and postnatal health care for the mother and child which are 3furnished to the adverse party not less than 10 days before the 4date of a hearing are admissible to establish: 5 (1) the amount of the charges billed; and 6 (2) that the charges were reasonable, necessary, and 7 customary. 8 (c) Certified copies of the bills for costs incurred for 9pregnancy and childbirth shall be admitted into evidence at 10judicial or administrative proceedings without foundation 11testimony or other proof of authenticity or accuracy. 12 Section 615. Consequences of declining genetic testing. 13 (a) An order for genetic testing is enforceable through a 14proceeding for adjudication of contempt. 15 (b) If an individual whose paternity is being determined 16declines to submit to genetic testing ordered by the court or 17administrative agency, the court or administrative agency for 18that reason may adjudicate parentage contrary to the position 19of that individual. 20 (c) Genetic testing of the mother of a child is not a 21condition precedent to genetically testing the child and a man 22whose paternity is being determined. If the mother is 23unavailable or declines to submit to genetic testing, the court 24or administrative agency may order the genetic testing of the 25child and every man whose paternity is being adjudicated. HB6191- 41 -LRB097 13524 JLS 69734 b 1 Section 616. Admission of paternity authorized. 2 (a) A respondent in a proceeding to adjudicate parentage 3may admit to the paternity of a child by filing a pleading to 4that effect or by admitting paternity under penalty of perjury 5when making an appearance or during a hearing. 6 (b) If the court finds that the admission of paternity 7satisfies the requirements of this Section and finds that there 8is no reason to question the admission, the court shall enter 9an order adjudicating the child to be the child of the man 10admitting paternity. 11 Section 617. Rules for adjudication of paternity. The court 12shall apply the following rules to adjudicate the paternity of 13a child: 14 (a) The paternity of a child having an adjudicated father 15may be disproved only by admissible results of genetic testing, 16or other means, excluding that man as the father of the child 17or identifying another man as the father of the child. 18 (b) Unless the results of genetic testing, or other 19evidence, are admitted to rebut other results of genetic 20testing, a man identified as the father of a child under 21Section 404 must be adjudicated the father of the child. 22 (c) If the court finds that genetic testing under Section 23405 neither identifies nor excludes a man as the father of a 24child, the court may not dismiss the proceeding. In that event, HB6191- 42 -LRB097 13524 JLS 69734 b 1the results of genetic testing, and other evidence, are 2admissible to adjudicate the issue of paternity. 3 (d) Unless the results of genetic testing are admitted to 4rebut other results of genetic testing, a man excluded as the 5father of a child by genetic testing must be adjudicated not to 6be the father of the child. 7 Section 618. Pre-trial proceedings. As soon as practicable 8after an action to declare the existence or non-existence of 9the father and child relationship has been brought, and the 10parties are at issue, the court may conduct a pre-trial 11conference. 12 Section 619. Jury prohibited. Trial by jury is not 13available under this Act. 14 Section 620. Order on default. The court may issue an order 15adjudicating the parentage of a person who is in default after 16service of process. 17 Section 621. Binding effect of determination of parentage. 18 (a) Except as otherwise provided in subsection (b), a 19determination of parentage is binding on: 20 (1) all signatories to an acknowledgement or denial of 21 paternity as provided in Article 3; and 22 (2) all parties to an adjudication by a court acting HB6191- 43 -LRB097 13524 JLS 69734 b 1 under circumstances that satisfy the jurisdictional 2 requirements of Section 201 of the Uniform Interstate 3 Family Support Act. 4 (b) A child is not bound by a determination of parentage 5under this Act unless: 6 (1) the determination was based on an unrescinded 7 acknowledgment of paternity and the acknowledgement is 8 consistent with the results of genetic testing; 9 (2) the adjudication of parentage was based on a 10 finding consistent with the results of genetic testing and 11 the consistency is declared in the determination or is 12 otherwise shown; or 13 (3) the child was a party or was represented in the 14 proceeding determining parentage by an guardian ad litem. 15 (c) In a proceeding for dissolution of marriage or civil 16union, declaration of invalidity of marriage or civil union, or 17legal separation, the court is deemed to have made an 18adjudication of the parentage of a child if the court acts 19under circumstances that satisfy the jurisdictional 20requirements of Section 201 of the Uniform Interstate Family 21Support Act, and the final order: 22 (1) expressly identifies a child as a "child of the 23 marriage or civil union", "issue of the marriage or civil 24 union", or similar words indicating that the husband is the 25 father of the child or the party to the civil union is the 26 parent of the child; or HB6191- 44 -LRB097 13524 JLS 69734 b 1 (2) provides for support of the child by the husband or 2 party to the civil union unless parentage is specifically 3 disclaimed in the order. 4 (d) Except as otherwise provided in subsection (b), a 5determination of parentage may be a defense in a subsequent 6proceeding seeking to adjudicate parentage by an individual who 7was not a party to the earlier proceeding. 8 (e) A party to an adjudication of parentage may challenge 9the adjudication only under law of this State relating to 10appeal, vacation of judgments, or other judicial review. 11ARTICLE 7. CHILD OF ASSISTED REPRODUCTION 12 Section 701. Scope of Article. This Article does not apply 13to the birth of a child conceived by means of sexual 14intercourse or as a result of a gestational agreement as 15provided in the Gestational Surrogacy Act. 16 Section 702. Parental status of donor. A donor is not a 17parent of a child conceived by means of assisted reproduction. 18The donor of sperm provided to a licensed physician for use in 19artificial insemination of a woman other than the donor's wife 20or other party to his civil union shall be treated in law as if 21he were not a parent of a child conceived by artificial 22insemination. A woman who contributes an egg or eggs for the 23purpose of in-vitro fertilization or implantation in a woman HB6191- 45 -LRB097 13524 JLS 69734 b 1other than herself or the other party to her civil union shall 2be treated in law as if she were not a parent of a child 3conceived by assisted reproduction. 4 Section 703. Parentage of a child of assisted reproduction. 5A man who provides sperm for, or consents to, assisted 6reproduction (including artificial insemination) by a woman as 7provided in Section 704 with the intent to be the parent of her 8child, is a parent of the resulting child. A woman who provides 9an egg or eggs for, or consents to, assisted reproduction 10(including in-vitro fertilization and implantation) by a woman 11as provided in Section 704 with the intent to be the parent of 12her child, is a parent of the resulting child. 13 Section 704. Consent to assisted reproduction. 14 (a) Consent by a husband or party to a civil union who 15intends to be a parent of a child born to the wife or other 16party to a civil union by assisted reproduction must be in a 17record signed by the husband and wife or both parties to the 18civil union. This requirement does not apply to a donor, unless 19the donor intends to be the parent. 20 (b) Failure to sign a consent required by subsection (a), 21before or after the birth of the child, does not preclude a 22finding of parentage if the married couple or parties to a 23civil union, for the first 2 years of the child's life resided 24in a household with the child and openly held out the child as HB6191- 46 -LRB097 13524 JLS 69734 b 1their own during that time. 2 Section 705. Limitation of dispute of parentage. 3 (a) Any child born as the result of artificial insemination 4shall be considered at law in all respects the same as a 5naturally conceived child of the couple so requesting and 6consenting to the use of artificial insemination. 7 (b) If, under the supervision of a licensed physician and 8with the consent of the husband or other party to the civil 9union, a wife or party to the civil union is inseminated 10artificially with sperm donated by a donor, the husband or 11other party to the civil union shall be treated in law as if he 12or she is the natural parent of the child thereby conceived. 13The husband's or other party to the civil union's consent must 14be in writing executed and acknowledged by the husband and wife 15or both parties to the civil union. The physician who is to 16perform the technique shall certify their signatures and the 17date of the insemination, and file the husband's or other party 18to the civil union's consent in the medical record where it 19shall be kept confidential and held by the patient's physician. 20However, the physician's failure to do so shall not affect the 21legal relationship between the husband or other party to the 22civil union and the child. All records pertaining to the 23insemination, whether part of the permanent medical record held 24by the physician or not, are subject to inspection only upon an 25order of the court or for good cause shown. HB6191- 47 -LRB097 13524 JLS 69734 b 1 (c) Except as otherwise provided in subsection (b), a 2husband or party to a civil union whose wife or other party to 3the civil union gives birth to a child by means of assisted 4reproduction may not challenge parentage of the child unless: 5 (1) within 2 years after learning of the birth of the 6 child, the husband or party to the civil union commences a 7 proceeding to adjudicate parentage; and 8 (2) the court finds that the husband or party to the 9 civil union did not consent to the assisted reproduction, 10 before or after birth of the child. 11 (d) A proceeding to adjudicate parentage may be maintained 12at any time if the court determines that: 13 (1) the husband or party to the civil union did not 14 provide sperm for, or before or after birth of the child 15 did not consent to, assisted reproduction by the wife or 16 other party to the civil union; 17 (2) the husband and wife or parties to the civil union 18 have not cohabitated since the probable time of assisted 19 reproduction; or 20 (3) the husband or other party to the civil union never 21 openly held out the child as his or her own. 22 (e) The limitation provided in this Section applies to a 23marriage or civil union declared invalid after assisted 24reproduction. 25 Section 706. Effect of dissolution of marriage or civil HB6191- 48 -LRB097 13524 JLS 69734 b 1union or withdrawal of consent. 2 (a) If a marriage or civil union is dissolved or declared 3invalid, or a judgement for legal separation is entered, before 4implantation of existing eggs, sperm, embryo or embryos, the 5former spouse or party is not a parent of the resulting child 6unless the former spouse or party consented and the judgement 7provides that if assisted reproduction were to occur after 8entry of such judgement, the former spouse or party would be a 9parent of the child. 10 (b) Consent to assisted reproduction may be withdrawn by an 11individual in a record upon giving proper notice to the other 12party and the clinic or physician who was to perform the 13technique, by certified mail return receipt requested, at any 14time before implantation placement of eggs, sperm, embryo or 15embryos. An individual who withdraws consent under this Section 16is not a parent of the resulting child. 17 Section 707. Parental status of deceased individual. 18Unless an individual consents in a record to be a parent by 19assisted reproduction after death, and dies before 20implantation of eggs, sperm, embryo or embryos, the deceased 21individual is not a parent of the resulting child. 22ARTICLE 8. SUPPORT AND JUDGMENT 23 Section 801. Temporary child support orders. HB6191- 49 -LRB097 13524 JLS 69734 b 1 (a) Notwithstanding any other law to the contrary, pending 2the outcome of a judicial determination of parentage, the court 3shall issue a temporary order for child support, upon motion by 4a party and a showing of clear and convincing evidence of 5parentage. In determining the amount of the temporary child 6support award, the court shall use the guidelines and standards 7set forth in subsection (a) of Section 505 and in Section 505.2 8of the Illinois Marriage and Dissolution of Marriage Act. 9 (b) Any new or existing support order entered by the court 10under this Section shall be deemed to be a series of judgments 11against the person obligated to pay support thereunder, each 12such judgment to be in the amount of each payment or 13installment of support and each judgment to be deemed entered 14as of the date the corresponding payment or installment becomes 15due under the terms of the support order. Each such judgment 16shall have the full force, effect, and attributes of any other 17judgment of this State, including the ability to be enforced. 18Any such judgment is subject to modification or termination 19only in accordance with Section 510 of the Illinois Marriage 20and Dissolution of Marriage Act. Notwithstanding any other 21state or local law to the contrary, a lien arises by operation 22of law against the real and personal property of the 23noncustodial parent for each installment of overdue support 24owed by the noncustodial parent. 25 (c) All orders for support, when entered or modified, shall 26include a provision requiring the non-custodial parent to HB6191- 50 -LRB097 13524 JLS 69734 b 1notify the court and, in cases in which a party is receiving 2child support enforcement services under Article X of the 3Illinois Public Aid Code, the Illinois Department of Healthcare 4and Family Services, within 7 days (i) of the name and address 5of any new employer of the non-custodial parent, (ii) whether 6the non-custodial parent has access to health insurance 7coverage through the employer or other group coverage and, if 8so, of the policy name and number and the names of persons 9covered under the policy, and (iii) of any new residential or 10mailing address or telephone number of the non-custodial 11parent. In any subsequent action to enforce a support order, 12upon a sufficient showing that a diligent effort has been made 13to ascertain the location of the non-custodial parent, service 14of process or provision of notice necessary in the case may be 15made at the last known address of the non-custodial parent in 16any manner expressly provided by the Code of Civil Procedure or 17in this Act, which service shall be sufficient for purposes of 18due process. 19 (d) An order for support shall include a date on which the 20current support obligation terminates. The termination date 21shall be no earlier than the date on which the child covered by 22the order will attain the age of 18. However, if the child will 23not graduate from high school until after attaining the age of 2418, then the termination date shall be no earlier than the 25earlier of the date on which the child's high school graduation 26will occur or the date on which the child will attain the age HB6191- 51 -LRB097 13524 JLS 69734 b 1of 19. The order for support shall state that the termination 2date does not apply to any arrearage that may remain unpaid on 3that date. Nothing in this subsection shall be construed to 4prevent the court from modifying the order or terminating the 5order in the event the child is otherwise emancipated. 6 (e) If there is an unpaid arrearage or delinquency (as 7those terms are defined in the Income Withholding for Support 8Act) equal to at least one month's support obligation on the 9termination date stated in the order for support or, if there 10is no termination date stated in the order, on the date the 11child attains the age of majority or is otherwise emancipated, 12the periodic amount required to be paid for current support of 13that child immediately prior to that date shall automatically 14continue to be an obligation, not as current support but as 15periodic payment toward satisfaction of the unpaid arrearage or 16delinquency. That periodic payment shall be in addition to any 17periodic payment previously required for satisfaction of the 18arrearage or delinquency. The total periodic amount to be paid 19toward satisfaction of the arrearage or delinquency may be 20enforced and collected by any method provided by law for the 21enforcement and collection of child support including, but not 22limited to, income withholding under the Income Withholding for 23Support Act. Each order for support entered or modified on or 24after January 1, 2006 must contain a statement notifying the 25parties of the requirements of this subsection. Failure to 26include the statement in the order for support does not affect HB6191- 52 -LRB097 13524 JLS 69734 b 1the validity of the order or the operation of the provisions of 2this subsection with regard to the order. This subsection shall 3not be construed to prevent or affect the establishment or 4modification of an order for the support of a minor child or 5the establishment or modification of an order for the support 6of a non-minor child or educational expenses under Section 513 7of the Illinois Marriage and Dissolution of Marriage Act. 8 (f) An order entered under this Section shall include a 9provision requiring the obligor to report to the obligee and to 10the clerk of the circuit court within 10 days each time the 11obligor obtains new employment, and each time the obligor's 12employment is terminated for any reason. The report shall be in 13writing and shall, in the case of new employment, include the 14name and address of the new employer. Failure to report new 15employment or the termination of current employment, if coupled 16with nonpayment of support for a period in excess of 60 days, 17is indirect criminal contempt. For any obligor arrested for 18failure to report new employment, bond shall be set in the 19amount of the child support that should have been paid during 20the period of unreported employment. An order entered under 21this Section shall also include a provision requiring the 22obligor and obligee parents to advise each other of a change in 23residence within 5 days of the change except when the court 24finds that the physical, mental, or emotional health of a party 25or that of a minor child, or both, would be seriously 26endangered by disclosure of the party's address. HB6191- 53 -LRB097 13524 JLS 69734 b 1 Section 802. Judgment. 2 (a) The court shall issue an order adjudicating whether a 3man alleged or claiming to be the father is the parent of the 4child. An order adjudicating parentage must identify the child 5by name and date of birth. 6 The court may assess filing fees, reasonable attorney's 7fees, fees for genetic testing, other costs, and necessary 8travel and other reasonable expenses incurred in a proceeding 9under this Act. The court may award attorney's fees, which may 10be paid directly to the attorney, who may enforce the order in 11the attorney's own name. The court may not assess fees, costs, 12or expenses against the support-enforcement agency of this 13State or another state, except as provided by other law. 14 The judgment shall contain or explicitly reserve 15provisions concerning any duty and amount of child support and 16may contain provisions concerning the custody and guardianship 17of the child, parenting time privileges with the child, the 18furnishing of bond or other security for the payment of the 19judgment, which the court shall determine in accordance with 20the relevant factors set forth in the Illinois Marriage and 21Dissolution of Marriage Act and any other applicable law of 22Illinois, to guide the court in a finding in the best interests 23of the child. In determining custody, joint custody, removal, 24parenting time, parenting time interference, support for a 25non-minor disabled child, educational expenses for a non-minor HB6191- 54 -LRB097 13524 JLS 69734 b 1child, and related post-judgment issues, the court shall apply 2the relevant standards of the Illinois Marriage and Dissolution 3of Marriage Act. Specifically, in determining the amount of any 4child support award, the court shall use the guidelines and 5standards set forth in subsection (a) of Section 505 and in 6Section 505.2 of the Illinois Marriage and Dissolution of 7Marriage Act. 8 (b) In an action brought within 2 years after a child's 9birth, the judgment or order may direct either parent to pay 10the reasonable expenses incurred by either parent or the 11Department of Healthcare and Family Services related to the 12mother's pregnancy and the delivery of the child. 13 (c)If a judgment of parentage contains no explicit award of 14custody, the establishment of a child support obligation or of 15parenting time rights in one parent shall be considered a 16judgment granting custody to the other parent. If the parentage 17judgment contains no such provisions, custody shall be presumed 18to be with the mother; however, the presumption shall not apply 19if the father has had physical custody for at least 6 months 20prior to the date that the mother seeks to enforce custodial 21rights. 22 (d)The court, if necessary to protect and promote the best 23interests of the child, may set aside a portion of the 24separately held estates of the parties in a separate fund or 25trust for the support, education, physical and mental health, 26and general welfare of any minor, or mentally or physically HB6191- 55 -LRB097 13524 JLS 69734 b 1disabled child of the parties. 2 (e) The court shall order all child support payments, 3determined in accordance with such guidelines, to commence with 4the date summons is served. The level of current periodic 5support payments shall not be reduced because of payments set 6for the period prior to the date of entry of the support order. 7The court may order any child support payments to be made for a 8period prior to the commencement of the action. In determining 9whether and the extent to which the payments shall be made for 10any prior period, the court shall consider all relevant facts, 11including the factors for determining the amount of support 12specified in the Illinois Marriage and Dissolution of Marriage 13Act and other equitable factors including but not limited to: 14 (1) The father's prior knowledge of the fact and 15 circumstances of the child's birth. 16 (2) The father's prior willingness or refusal to help 17 raise or support the child. 18 (3) The extent to which the mother or the public agency 19 bringing the action previously informed the father of the 20 child's needs or attempted to seek or require his help in 21 raising or supporting the child. 22 (4) The reasons the mother or the public agency did not 23 file the action earlier. 24 (5) The extent to which the father would be prejudiced 25 by the delay in bringing the action. 26 For purposes of determining the amount of child support to HB6191- 56 -LRB097 13524 JLS 69734 b 1be paid for any period before the date the order for current 2child support is entered, there is a rebuttable presumption 3that the father's net income for the prior period was the same 4as his net income at the time the order for current child 5support is entered. 6 If (i) the non-custodial parent was properly served with a 7request for discovery of financial information relating to the 8non-custodial parent's ability to provide child support, (ii) 9the non-custodial parent failed to comply with the request, 10despite having been ordered to do so by the court, and (iii) 11the non-custodial parent is not present at the hearing to 12determine support despite having received proper notice, then 13any relevant financial information concerning the 14non-custodial parent's ability to provide child support that 15was obtained pursuant to subpoena and proper notice shall be 16admitted into evidence without the need to establish any 17further foundation for its admission. 18 (f) Any new or existing support order entered by the court 19under this Section shall be deemed to be a series of judgments 20against the person obligated to pay support thereunder, each 21judgment to be in the amount of each payment or installment of 22support and each such judgment to be deemed entered as of the 23date the corresponding payment or installment becomes due under 24the terms of the support order. Each judgment shall have the 25full force, effect, and attributes of any other judgment of 26this State, including the ability to be enforced. Any such HB6191- 57 -LRB097 13524 JLS 69734 b 1judgment is subject to modification or termination only in 2accordance with Section 510 of the Illinois Marriage and 3Dissolution of Marriage Act. Notwithstanding any State or local 4law to the contrary, a lien arises by operation of law against 5the real and personal property of the noncustodial parent for 6each installment of overdue support owed by the noncustodial 7parent. 8 (g) If the judgment or order of the court is at variance 9with the child's birth certificate, the court shall order that 10a new birth certificate be issued under the Vital Records Act. 11 (h) On request of the mother and the father, the court 12shall order a change in the child's name. 13 (i) After hearing evidence the court may stay payment of 14support during the period of the father's minority or period of 15disability. 16 (j) If, upon a showing of proper service, the father fails 17to appear in court or otherwise appear as provided by law, the 18court may proceed to hear the cause upon testimony of the 19mother or other parties taken in open court and shall enter a 20judgment by default. The court may reserve any order as to the 21amount of child support until the father has received notice, 22by regular mail, of a hearing on the matter. 23 (k) All orders for support, when entered or modified, shall 24include a provision requiring the non-custodial parent to 25notify the court and, in cases in which party is receiving 26child support enforcement services under Article X of the HB6191- 58 -LRB097 13524 JLS 69734 b 1Illinois Public Aid Code, the Illinois Department of Healthcare 2and Family Services, within 7 days, (i) of the name and address 3of any new employer of the non-custodial parent, (ii) whether 4the non-custodial parent has access to health insurance 5coverage through the employer or other group coverage and, if 6so, of the policy name and number and the names of persons 7covered under the policy, and (iii) of any new residential or 8mailing address or telephone number of the non-custodial 9parent. In any subsequent action to enforce a support order, 10upon a sufficient showing that a diligent effort has been made 11to ascertain the location of the non-custodial parent, service 12of process or provision of notice necessary in the case may be 13made at the last known address of the non-custodial parent in 14any manner expressly provided by the Code of Civil Procedure or 15this Act, which service shall be sufficient for purposes of due 16process. 17 (l) An order for support shall include a date on which the 18current support obligation terminates. The termination date 19shall be no earlier than the date on which the child covered by 20the order will attain the age of 18. However, if the child will 21not graduate from high school until after attaining the age of 2218, then the termination date shall be no earlier than the 23earlier of the date on which the child's high school graduation 24will occur or the date on which the child will attain the age 25of 19. The order for support shall state that the termination 26date does not apply to any arrearage that may remain unpaid on HB6191- 59 -LRB097 13524 JLS 69734 b 1that date. Nothing in this subsection shall be construed to 2prevent the court from modifying the order or terminating the 3order in the event the child is otherwise emancipated. 4 (m) If there is an unpaid arrearage or delinquency (as 5those terms are defined in the Income Withholding for Support 6Act) equal to at least one month's support obligation on the 7termination date stated in the order for support or, if there 8is no termination date stated in the order, on the date the 9child attains the age of majority or is otherwise emancipated, 10the periodic amount required to be paid for current support of 11that child immediately prior to that date shall automatically 12continue to be an obligation, not as current support but as 13periodic payment toward satisfaction of the unpaid arrearage or 14delinquency. That periodic payment shall be in addition to any 15periodic payment previously required for satisfaction of the 16arrearage or delinquency. The total periodic amount to be paid 17toward satisfaction of the arrearage or delinquency may be 18enforced and collected by any method provided by law for 19enforcement and collection of child support, including but not 20limited to income withholding under the Income Withholding for 21Support Act. Each order for support entered or modified on or 22after January 1, 2005 must contain a statement notifying the 23parties of the requirements of this subsection. Failure to 24include the statement in the order for support does not affect 25the validity of the order or the operation of the provisions of 26this subsection with regard to the order. This subsection shall HB6191- 60 -LRB097 13524 JLS 69734 b 1not be construed to prevent or affect the establishment or 2modification of an order for support of a minor child or the 3establishment or modification of an order for support of a 4non-minor child or educational expenses under Section 513 of 5the Illinois Marriage and Dissolution of Marriage Act. 6 (n) An order entered under this Section shall include a 7provision requiring the obligor to report to the obligee and to 8the clerk of court within 10 days each time the obligor obtains 9new employment, and each time the obligor's employment is 10terminated for any reason. The report shall be in writing and 11shall, in the case of new employment, include the name and 12address of the new employer. Failure to report new employment 13or the termination of current employment, if coupled with 14nonpayment of support for a period in excess of 60 days, is 15indirect criminal contempt. For any obligor arrested for 16failure to report new employment bond shall be set in the 17amount of the child support that should have been paid during 18the period of unreported employment. An order entered under 19this Section shall also include a provision requiring the 20obligor and obligee parents to advise each other of a change in 21residence within 5 days of the change except when the court 22finds that the physical, mental, or emotional health of a party 23or that of a minor child, or both, would be seriously 24endangered by disclosure of the party's address. 25 Section 803. Information to State Case Registry. HB6191- 61 -LRB097 13524 JLS 69734 b 1 (a) In this Section: 2 "Order for support", "obligor", "obligee", and "business 3day" are defined as set forth in the Income Withholding for 4Support Act. 5 "State Case Registry" means the State Case Registry 6established under Section 10-27 of the Illinois Public Aid 7Code. 8 (b) Each order for support entered or modified by the 9circuit court under this Act shall require that the obligor and 10obligee (i) file with the clerk of the circuit court the 11information required by this Section (and any other information 12required under Title IV, Part D of the Social Security Act or 13by the federal Department of Health and Human Services) at the 14time of entry or modification of the order for support and (ii) 15file updated information with the clerk of the circuit court 16within 5 business days of any change. Failure of the obligor or 17obligee to file or update the required information shall be 18punishable as in cases of contempt. The failure shall not 19prevent the court from entering or modifying the order for 20support, however. 21 (c) The obligor shall file the following information: the 22obligor's name, date of birth, social security number, and 23mailing address. If either the obligor or the obligee receives 24child support enforcement services from the Illinois 25Department of Healthcare and Family Services under Article X of 26the Illinois Public Aid Code, the obligor shall also file the HB6191- 62 -LRB097 13524 JLS 69734 b 1following information: the obligor's telephone number, 2driver's license number, and residential address (if different 3from the obligor's mailing address), and the name, address, and 4telephone number of the obligor's employer or employers. 5 (d) The obligee shall file the following information: 6 (1) The names of the obligee and the child or children 7 covered by the order for support. 8 (2) The dates of birth of the obligee and the child or 9 children covered by the order for support. 10 (3) The social security numbers of the obligee and the 11 child or children covered by the order for support. 12 (4) The obligee's mailing address. 13 (e) In cases in which the obligee receives child support 14enforcement services from the Illinois Department of 15Healthcare and Family Services under Article X of the Illinois 16Public Aid Code, the order for support shall (i) require that 17the obligee file the information required under subsection (d) 18with the Illinois Department of Healthcare and Family Services 19for inclusion in the State Case Registry, rather than file the 20information with the clerk, and (ii) require that the obligee 21include the following additional information: 22 (1) The obligee's telephone and driver's license 23 numbers. 24 (2) The obligee's residential address, if different 25 from the obligee's mailing address. 26 (3) The name, address, and telephone number of the HB6191- 63 -LRB097 13524 JLS 69734 b 1 obligee's employer or employers. 2 The order for support shall also require that the obligee 3update the information filed with the Illinois Department of 4Healthcare and Family Services within 5 business days of any 5change. 6 (f) The clerk of the circuit court shall provide the 7information filed under this Section, together with the court 8docket number and county in which the order for support was 9entered, to the State Case Registry within 5 business days 10after receipt of the information. 11 (g) In a case in which a party is receiving child support 12enforcement services under Article X of the Illinois Public Aid 13Code, the clerk of the circuit court shall provide the 14following additional information to the State Case Registry 15within 5 business days after entry or modification of an order 16for support or request from the Illinois Department of 17Healthcare and Family Services: 18 (1) The amount of monthly or other periodic support 19 owed under the order for support and other amounts, 20 including arrearage, interest, or late payment penalties 21 and fees, due or overdue under the order. 22 (2) Any such amounts that have been received by the 23 clerk, and the distribution of those amounts by the clerk. 24 (h) Information filed by the obligor and obligee under this 25Section that is not specifically required to be included in the 26body of an order for support under other laws is not a public HB6191- 64 -LRB097 13524 JLS 69734 b 1record and shall be treated as confidential and subject to 2disclosure only in accordance with the provisions of this 3Section, Section 10-27 of the Illinois Public Aid Code, and 4Title IV, Part D of the Social Security Act. 5 Section 804. Information to locate putative fathers and 6noncustodial parents. 7 (a) Upon request by a public office, employers, labor 8unions, and telephone companies shall provide location 9information concerning putative fathers and noncustodial 10parents for the purpose of establishing the parentage of a 11child or establishing, enforcing, or modifying a child support 12obligation. The term "public office" is defined as set forth in 13the Income Withholding for Support Act. In this Section, 14"location information" means information about (i) the 15physical whereabouts of a putative father or noncustodial 16parent, (ii) the employer of the putative father or 17noncustodial parent, or (iii) the salary, wages, and other 18compensation paid and the health insurance coverage provided to 19the putative father or noncustodial parent by the employer of 20the putative father or noncustodial parent or by a labor union 21of which the putative father or noncustodial parent is a 22member. An employer, labor union, or telephone company shall 23respond to the request of the public office within 15 days 24after receiving the request. Any employer, labor union, or 25telephone company that willfully fails to fully respond within HB6191- 65 -LRB097 13524 JLS 69734 b 1the 15-day period shall be subject to a penalty of $100 for 2each day that the response is not provided to the public office 3after the 15-day period has expired. The penalty may be 4collected in a civil action, which may be brought against the 5employer, labor union, or telephone company in favor of the 6public office. 7 (b) Upon being served with a subpoena (including an 8administrative subpoena as authorized by law), a utility 9company or cable television company must provide location 10information to a public office for the purpose of establishing 11the parentage of a child or establishing, enforcing, or 12modifying a child support obligation. 13 (c) Notwithstanding the provisions of any other State or 14local law to the contrary, an employer, labor union, telephone 15company, utility company, or cable television company shall not 16be liable to any person for disclosure of location information 17under the requirements of this Section, except for willful and 18wanton misconduct. 19 Section 805. Enforcement of judgment or order. 20 (a) If existence of the parent-child relationship is 21declared, or parentage or duty of support has been established 22under this Act or under prior law or under the law of any other 23jurisdiction, the judgment rendered thereunder may be enforced 24in the same or other proceedings by any party or any person or 25agency that has furnished or may furnish financial assistance HB6191- 66 -LRB097 13524 JLS 69734 b 1or services to the child. The Income Withholding for Support 2Act and Sections 802 and 808 of this Act shall also be 3applicable with respect to entry, modification, and 4enforcement of any support judgment entered under provisions of 5the Paternity Act, approved July 5, 1957 and repealed July 1, 61985. 7 (b) Failure to comply with any order of the court shall be 8punishable as contempt as in other cases of failure to comply 9under the Illinois Marriage and Dissolution of Marriage Act. In 10addition to other penalties provided by law, the court may, 11after finding the party guilty of contempt, order that the 12party be: 13 (1) Placed on probation with such conditions of 14 probation as the court deems advisable. 15 (2) Sentenced to periodic imprisonment for a period not 16 to exceed 6 months. However, the court may permit the party 17 to be released for periods of time during the day or night 18 to work or conduct business or other self-employed 19 occupation. The court may further order any part of all the 20 earnings of a party during a sentence of periodic 21 imprisonment to be paid to the clerk of the circuit court 22 or to the person or parent having custody of the minor 23 child for the support of said child until further order of 24 the court. 25 (3) The court may also pierce the ownership veil of a 26 person, persons, or business entity to discover assets of a HB6191- 67 -LRB097 13524 JLS 69734 b 1 non-custodial parent held in the name of that person, those 2 persons, or that business entity if there is a unity of 3 interest and ownership sufficient to render no financial 4 separation between the non-custodial parent and that 5 person, those persons, or the business entity. The 6 following circumstances are sufficient for a court to order 7 discovery of the assets of a person, persons, or business 8 entity and to compel the application of any discovered 9 assets toward payment on the judgment for support: 10 (A) the non-custodial parent and the person, 11 persons, or business entity maintain records together. 12 (B) the non-custodial parent and the person, 13 persons, or business entity fail to maintain an arms 14 length relationship between themselves with regard to 15 any assets. 16 (C) the non-custodial parent transfers assets to 17 the person, persons, or business entity with the intent 18 to perpetrate a fraud on the custodial parent. With 19 respect to assets which are real property, no order 20 entered under this subdivision (3) shall affect the 21 rights of bona fide purchasers, mortgagees, judgment 22 creditors, or other lien holders who acquire their 23 interests in the property prior to the time a notice of 24 lis pendens pursuant to the Code of Civil Procedure or 25 a copy of the order is placed of record in the office 26 of the recorder of deeds for the county in which the HB6191- 68 -LRB097 13524 JLS 69734 b 1 real property is located. 2 (4) The court may also order that, in cases where the 3 party is 90 days or more delinquent in payment of support 4 or has been adjudicated in arrears in an amount equal to 90 5 days obligation or more, the party's Illinois driving 6 privileges be suspended until the court determines that the 7 party is in compliance with the judgment or duty of 8 support. The court may also order that the parent be issued 9 a family financial responsibility driving permit that 10 would allow limited driving privileges for employment and 11 medical purposes in accordance with Section 7-702.1 of the 12 Illinois Vehicle Code. The clerk of the circuit court shall 13 certify the order suspending the driving privileges of the 14 parent or granting the issuance of a family financial 15 responsibility driving permit to the Secretary of State on 16 forms prescribed by the Secretary. Upon receipt of the 17 authenticated documents, the Secretary of State shall 18 suspend the party's driving privileges until further order 19 of the court and shall, if ordered by the court, subject to 20 the provisions of Section 7-702.1 of the Illinois Vehicle 21 Code, issue a family financial responsibility driving 22 permit to the parent. 23 In addition to the penalties or punishment that may be 24imposed under this Section, any person whose conduct 25constitutes a violation of Section 15 of the Non-Support 26Punishment Act may be prosecuted under that Act, and a person HB6191- 69 -LRB097 13524 JLS 69734 b 1convicted under that Act may be sentenced in accordance with 2that Act. The sentence may include, but need not be limited to, 3a requirement that the person perform community service under 4Section 50 of that Act or participate in a work alternative 5program under Section 50 of that Act. A person may not be 6required to participate in a work alternative program under 7Section 50 of that Act if the person is currently participating 8in a work program pursuant to Section 806 of this Act. 9 (c) In any post-judgment proceeding to enforce or modify 10the judgment the parties shall continue to be designated as in 11the original proceeding. 12 Section 806. Unemployment of person owing duty of support. 13 (a) Whenever it is determined in a proceeding to establish 14or enforce a child support obligation that the person owing a 15duty of support is unemployed, the court may order the person 16to seek employment and report periodically to the court with a 17diary, listing, or other memorandum of his or her efforts in 18accordance with such order. Additionally, the court may order 19the unemployed person to report to the Department of Employment 20Security for job search services and to participate in job 21training or work programs. When the duty of support is owed to 22a child receiving child support enforcement services under 23Article X of the Illinois Public Aid Code, the court may order 24the unemployed person to report to the Illinois Department of 25Healthcare and Family Services for participation in job search, HB6191- 70 -LRB097 13524 JLS 69734 b 1training, or work programs established under Section 9-6 and 2Article IXA of that Code. 3 (b) Whenever it is determined that a person owes past-due 4support for a child, and the child is receiving assistance 5under the Illinois Public Aid Code, the court shall order the 6following at the request of the Illinois Department of 7Healthcare and Family Services: 8 (1) that the person pay the past-due support in 9 accordance with a plan approved by the court; or 10 (2) if the person owing past-due support is unemployed, 11 is subject to such a plan, and is not incapacitated, that 12 the person participate in such job search, training, or 13 work programs established under Section 9-6 and Article IXA 14 of the Illinois Public Aid Code as the court deems 15 appropriate. 16 Section 807. Order of protection; status. Whenever relief 17is sought under this Act, the court, before granting relief, 18shall determine whether any order of protection has previously 19been entered in the instant proceeding or any other proceeding 20in which any party, or a child of any party, or both, if 21relevant, has been designated as either a respondent or a 22protected person. 23 Section 808. Modification of judgment. The court has 24continuing jurisdiction to modify an order for support, HB6191- 71 -LRB097 13524 JLS 69734 b 1custody, parenting time, or removal included in a judgment 2entered under this Act. Any custody, parenting time, or removal 3judgment modification shall be in accordance with the relevant 4factors specified in the Illinois Marriage and Dissolution of 5Marriage Act. Any support judgment is subject to modification 6or termination only in accordance with Section 510 of the 7Illinois Marriage and Dissolution of Marriage Act. 8 Section 809. Right to counsel. 9 (a) Any party may be represented by counsel at all 10proceedings under this Act. Except as otherwise provided in 11this Act, the court may order reasonable fees of counsel, 12experts, and other costs of the action, pre-trial proceedings, 13post-judgment proceedings to enforce or modify the judgment, 14and the appeal or the defense of an appeal of the judgment to 15be paid by the parties in accordance with the relevant factors 16specified in Section 508 of the Illinois Marriage and 17Dissolution of Marriage Act. The court may not order payment by 18the Department of Healthcare and Family Services in cases in 19which the Department is providing child support enforcement 20services under Article X of the Illinois Public Aid Code. 21 (b) In any proceedings involving the support, custody, 22parenting time, education, parentage, property interest, or 23general welfare of a minor or dependent child, the court may, 24on its own motion or that of any party, appoint an attorney to 25serve in one of the capacities specified in Section 506 of the HB6191- 72 -LRB097 13524 JLS 69734 b 1Illinois Marriage and Dissolution of Marriage Act. 2 Section 810. Withholding of income to secure payment of 3support. Orders for support entered under this Act are subject 4to the Income Withholding for Support Act. 5 Section 811. Information concerning obligors. 6 (a) In this Section: 7 "Arrearage", "delinquency", "obligor", and "order for 8support" have the meanings attributed to those terms in the 9Income Withholding for Support Act. 10 "Consumer reporting agency" has the meaning attributed to 11that term in Section 603(f) of the Fair Credit Reporting Act, 1215 U.S.C. 1681a(f). 13 (b) Whenever a court of competent jurisdiction finds that 14an obligor either owes an arrearage of more than $10,000 or is 15delinquent in payment of an amount equal to at least 3 months' 16support obligation pursuant to an order for support, the court 17shall direct the clerk of the circuit court to make information 18concerning the obligor available to consumer reporting 19agencies. 20 (c) Whenever a court of competent jurisdiction finds that 21an obligor either owes an arrearage of more than $10,000 or is 22delinquent in payment of an amount equal to at least 3 months' 23support obligation pursuant to an order for support, the court 24shall direct the clerk of the circuit court to cause the HB6191- 73 -LRB097 13524 JLS 69734 b 1obligor's name and address to be published in a newspaper of 2general circulation in the area in which the obligor resides. 3The clerk of the circuit court shall cause the obligor's name 4and address to be published only after sending to the obligor 5at the obligor's last known address, by certified mail, return 6receipt requested, a notice of intent to publish the 7information. This subsection (c) applies only if the obligor 8resides in the county in which the clerk of the circuit court 9holds office. 10 Section 812. Interest on support obligations. A support 11obligation, or any portion of a support obligation, which 12becomes due and remains unpaid as of the end of each month, 13excluding the child support that was due for that month to the 14extent that it was not paid in that month, shall accrue simple 15interest as set forth in Section 12-109 of the Code of Civil 16Procedure. An order for support shall contain a statement that 17a support obligation required under the order, or any portion 18of a support obligation required under the order, that becomes 19due and remains unpaid as of the end of each month, excluding 20the child support that was due for that month to the extent 21that it was not paid in that month, shall accrue simple 22interest as set forth in Section 12-109 of the Code of Civil 23Procedure. Failure to include the statement in the order for 24support does not affect the validity of the order or the 25accrual of interest as provided in this Section. HB6191- 74 -LRB097 13524 JLS 69734 b 1 Section 813. Support payments; receiving and disbursing 2agents. 3 (a) In an action filed in a county of less than 3,000,000 4population in which an order for child support is entered, and 5in supplementary proceedings in such a county to enforce or 6vary the terms of such order arising out of an action filed in 7such a county, the court, except in actions or supplementary 8proceedings in which the pregnancy and delivery expenses of the 9mother or the child support payments are for a recipient of aid 10under the Illinois Public Aid Code, shall direct that child 11support payments be made to the clerk of the circuit court 12unless in the discretion of the court exceptional circumstances 13warrant otherwise. In cases where payment is to be made to 14persons other than the clerk of the circuit court, the judgment 15or order of support shall set forth the facts of the 16exceptional circumstances. 17 (b) In an action filed in a county of 3,000,000 or more 18population in which an order for child support is entered, and 19in supplementary proceedings in such a county to enforce or 20vary the terms of such order arising out of an action filed in 21such a county, the court, except in actions or supplementary 22proceedings in which the pregnancy and delivery expenses of the 23mother or the child support payments are for a recipient of aid 24under the Illinois Public Aid Code, shall direct that child 25support payments be made either to the clerk of the circuit HB6191- 75 -LRB097 13524 JLS 69734 b 1court or to the Court Service Division of the County Department 2of Public Aid or its successor, or to the clerk of the circuit 3court or to the Illinois Department of Healthcare and Family 4Services, unless in the discretion of the court exceptional 5circumstances warrant otherwise. In cases where payment is to 6be made to persons other than the clerk of the circuit court, 7the Court Service Division of the County Department of Public 8Aid or its successor, or the Illinois Department of Healthcare 9and Family Services, the judgment or order of support shall set 10forth the facts of the exceptional circumstances. 11 (c) Where the action or supplementary proceeding is in 12behalf of a mother for pregnancy and delivery expenses or for 13child support, or both, and the mother, child, or both, are 14recipients of aid under the Illinois Public Aid Code, the court 15shall order that the payments be made directly to (1) the 16Illinois Department of Healthcare and Family Services if the 17mother or child, or both, are recipients under Article IV or V 18of the Code or (2) the local governmental unit responsible for 19the support of the mother or child, or both, if they are 20recipients under Article VI or VII of the Code. In accordance 21with federal law and regulations, the Illinois Department of 22Healthcare and Family Services may continue to collect current 23maintenance payments or child support payments, or both, after 24those persons cease to receive public assistance and until 25termination of services under Article X of the Illinois Public 26Aid Code. The Illinois Department of Healthcare and Family HB6191- 76 -LRB097 13524 JLS 69734 b 1Services shall pay the net amount collected to those persons 2after deducting any costs incurred in making the collection or 3any collection fee from the amount of any recovery made. The 4Illinois Department of Healthcare and Family Services or the 5local governmental unit, as the case may be, may direct that 6payments be made directly to the mother of the child, or to 7some other person or agency in the child's behalf, upon the 8removal of the mother and child from the public aid rolls or 9upon termination of services under Article X of the Illinois 10Public Aid Code; and upon such direction, the Illinois 11Department or the local governmental unit, as the case 12requires, shall give notice of such action to the court in 13writing or by electronic transmission. 14 (d) All clerks of the circuit court and the Court Service 15Division of the Department of Human Services local office or 16offices or its successor and the Illinois Department of 17Healthcare and Family Services, receiving child support 18payments under subsection (a) or (b) shall disburse the same to 19the person or persons entitled thereto under the terms of the 20order. They shall establish and maintain clear and current 21records of all moneys received and disbursed and of defaults 22and delinquencies in required payments. The court, by order or 23rule, shall make provision for the carrying out of these 24duties. Payments under this Section to the Illinois Department 25of Healthcare and Family Services pursuant to the Child Support 26Enforcement Program established by Title IV-D of the Social HB6191- 77 -LRB097 13524 JLS 69734 b 1Security Act shall be paid into the Child Support Enforcement 2Trust Fund. All payments under this Section to the Illinois 3Department of Human Services shall be deposited in the DHS 4Recoveries Trust Fund. Disbursement from these funds shall be 5as provided in the Illinois Public Aid Code. Payments received 6by a local governmental unit shall be deposited in that unit's 7General Assistance Fund. 8 (e) The moneys received by persons or agencies designated 9by the court shall be disbursed by them in accordance with the 10order. However, the court, on petition of the State's Attorney, 11may enter new orders designating the clerk of the circuit court 12or the Illinois Department of Healthcare and Family Services as 13the person or agency authorized to receive and disburse child 14support payments and, in the case of recipients of public aid, 15the court, on petition of the Attorney General or State's 16Attorney, shall direct subsequent payments to be paid to the 17Illinois Department of Healthcare and Family Services or to the 18appropriate local governmental unit, as provided in subsection 19(c). Payments of child support by principals or sureties on 20bonds or proceeds of any sale for the enforcement of a judgment 21shall be made to the clerk of the circuit court, the Illinois 22Department of Healthcare and Family Services, or the 23appropriate local governmental unit, as the respective 24provisions of this Section require. 25 (f) For those cases in which child support is payable to 26the clerk of the circuit court for transmittal to the Illinois HB6191- 78 -LRB097 13524 JLS 69734 b 1Department of Healthcare and Family Services by order of court 2or upon notification by the Illinois Department of Healthcare 3and Family Services, the clerk of the circuit court shall 4transmit all such payments, within 4 working days of receipt, 5to insure that funds are available for immediate distribution 6by the Department to the person or entity entitled thereto in 7accordance with standards of the Child Support Enforcement 8Program established under Title IV-D of the Social Security 9Act. The clerk of the circuit court shall notify the Department 10of the date of receipt and amount thereof at the time of 11transmittal. Where the clerk of the circuit court has entered 12into an agreement of cooperation with the Department to record 13the terms of child support orders and payments made thereunder 14directly into the Department's automated data processing 15system, the clerk of the circuit court shall account for, 16transmit and otherwise distribute child support payments in 17accordance with such agreement in lieu of the requirements 18contained herein. 19 (g) To the extent the provisions of this Section are 20inconsistent with the requirements pertaining to the State 21Disbursement Unit under Section 815 of this Act and Section 2210-26 of the Illinois Public Aid Code, the requirements 23pertaining to the State Disbursement Unit shall apply. 24 Section 814. Notice of child support enforcement services. 25The Illinois Department of Healthcare and Family Services may HB6191- 79 -LRB097 13524 JLS 69734 b 1provide notice at any time to the parties to an action filed 2under this Act that child support enforcement services are 3being provided by the Illinois Department under Article X of 4the Illinois Public Aid Code. After notice is provided pursuant 5to this Section, the Illinois Department shall be entitled, as 6if it were a party, to notice of any further proceedings 7brought in the case. The Illinois Department shall provide the 8clerk of the circuit court with copies of the notices sent to 9the parties. The clerk of the circuit court shall file the 10copies in the court file. 11 Section 815. Payment of support to State Disbursement Unit. 12 (a) As used in this Section, "order for support", 13"obligor", "obligee", and "payor" mean those terms as defined 14in the Income Withholding for Support Act, except that "order 15for support" does not mean orders providing for spousal 16maintenance under which there is no child support obligation. 17 (b) Notwithstanding any other provision of this Act to the 18contrary, each order for support entered or modified on or 19after October 1, 1999 shall require that support payments be 20made to the State Disbursement Unit established under Section 2110-26 of the Illinois Public Aid Code if: 22 (1) a party to the order is receiving child support 23 enforcement services under Article X of the Illinois Public 24 Aid Code; or 25 (2) no party to the order is receiving child support HB6191- 80 -LRB097 13524 JLS 69734 b 1 enforcement services, but the support payments are made 2 through income withholding. 3 (c) Support payments shall be made to the State 4Disbursement Unit if: 5 (1) the order for support was entered before October 1, 6 1999, and a party to the order is receiving child support 7 enforcement services under Article X of the Illinois Public 8 Aid Code; or 9 (2) no party to the order is receiving child support 10 enforcement services, and the support payments are being 11 made through income withholding. 12 (d) If no party to the order is receiving child support 13enforcement services under Article X of the Illinois Public Aid 14Code and the support payments are not made through income 15withholding, then support payments shall be made as directed by 16the order for support. 17 (e) At any time, and notwithstanding the existence of an 18order directing payments to be made elsewhere, the Illinois 19Department of Healthcare and Family Services may provide notice 20to the obligor and, where applicable, to the obligor's payor: 21 (1) to make support payments to the State Disbursement 22 Unit if: 23 (A) a party to the order for support is receiving 24 child support enforcement services under Article X of 25 the Illinois Public Aid Code; or 26 (B) no party to the order for support is receiving HB6191- 81 -LRB097 13524 JLS 69734 b 1 child support enforcement services under Article X of 2 the Illinois Public Aid Code, but the support payments 3 are made through income withholding; or 4 (2) to make support payments to the State Disbursement 5 Unit of another state upon request of another state's Title 6 IV-D child support enforcement agency, in accordance with 7 the requirements of Title IV, Part D of the Social Security 8 Act and regulations promulgated under that Part D. 9 The Illinois Department of Healthcare and Family Services 10shall provide a copy of the notice to the obligee and to the 11clerk of the circuit court. 12 (f) The clerk of the circuit court shall provide written 13notice to the obligor to make payments directly to the clerk of 14the circuit court if no party to the order is receiving child 15support enforcement services under Article X of the Illinois 16Public Aid Code, the support payments are not made through 17income withholding, and the order for support requires support 18payments to be made directly to the clerk of the circuit court. 19The clerk of the circuit court shall provide a copy of the 20notice to the obligee. 21 (g) If the State Disbursement Unit receives a support 22payment that was not appropriately made to the Unit under this 23Section, the Unit shall immediately return the payment to the 24sender, including, if possible, instructions detailing where 25to send the support payments. 26 (h) The notices under subsections (e) and (f) may be sent HB6191- 82 -LRB097 13524 JLS 69734 b 1by ordinary mail, certified mail, return receipt requested, 2facsimile transmission, or other electronic process, or may be 3served upon the obligor or payor using any method provided by 4law for service of a summons. 5 Section 816. Collection fee. In all cases instituted by the 6Illinois Department of Healthcare and Family Services on behalf 7of a child or spouse, other than one receiving a grant of 8financial aid under Article IV of the Illinois Public Aid Code, 9on whose behalf an application has been made and approved for 10child support enforcement services as provided by Section 10-1 11of that Code, the court shall impose a collection fee on the 12individual who owes a child or spouse support obligation in an 13amount equal to 10% of the amount so owed as long as such 14collection is required by federal law, which fee shall be in 15addition to the support obligation. The imposition of such fee 16shall be in accordance with the provisions of Title IV, Part D, 17of the Social Security Act and the regulations duly promulgated 18thereunder. The fee shall be payable to the clerk of the 19circuit court for transmittal to the Illinois Department of 20Healthcare and Family Services and shall continue until support 21services are terminated by that Department. 22 Section 817. Notice to the clerk of circuit court of 23payment received by Illinois Department of Healthcare and 24Family Services for recording. For those cases in which support HB6191- 83 -LRB097 13524 JLS 69734 b 1is payable to the clerk of the circuit court for transmittal to 2the Illinois Department of Healthcare and Family Services by 3order of court, and the Illinois Department of Healthcare and 4Family Services collects support by assignment, offset, 5withhold, deduction, or other process permitted by law, the 6Illinois Department of Healthcare and Family Services shall 7notify the clerk of the circuit court of the date and amount of 8such collection. Upon notification, the clerk of the circuit 9court shall record the collection on the payment record for the 10case. 11 Section 818. Administrative determinations of paternity. 12Notwithstanding any other provision of this Act, the Illinois 13Department of Healthcare and Family Services may make 14administrative determinations of paternity and nonpaternity in 15accordance with Article X of the Illinois Public Aid Code. 16These determinations of paternity or nonpaternity shall have 17the full force and effect of judgments entered under this Act. 18ARTICLE 9. MISCELLANEOUS PROVISIONS 19 Section 901. Burden of proof. Absent a burden of proof 20specifically set forth in this Act, the burden of proof shall 21be by a preponderance of the evidence. 22 Section 902. Severability clause. If any provision of this HB6191- 84 -LRB097 13524 JLS 69734 b 1Act or its application to an individual or circumstance is held 2invalid, the invalidity does not affect other provisions or 3applications of this Act which can be given effect without the 4invalid provision or application, and to this end the 5provisions of this Act are severable. 6 (750 ILCS 40/Act rep.) 7 (750 ILCS 45/Act rep.) 8 Section 903. Repeal. The following Acts are repealed: 9 (1) The Illinois Parentage Act. 10 (2) The Illinois Parentage Act of 1984. 11 Section 904. Transitional provision. A proceeding to 12adjudicate parentage which was commenced before the effective 13date of this Act is governed by the law in effect at the time 14the proceeding was commenced. 15 Section 905. Savings provision. The repeal of the Illinois 16Parentage Act of 1984 and the Illinois Parentage Act shall not 17affect rights or liabilities which have accrued thereunder and 18which have been determined, settled, or adjudicated prior to 19the effective date of this Act or which are the subject of 20proceedings pending thereunder on such effective date. 21Provided further, this Act shall not be construed to bar an 22action which would have been barred because the action had not 23been filed within the then applicable time limitation, or which HB6191- 85 -LRB097 13524 JLS 69734 b 1could not have been maintained under the Illinois Parentage Act 2of 1984 and the Illinois Parentage Act as long as the 3limitations periods set forth in this Act are complied with. 4 Section 906. Other states' establishments of parentage. 5Establishments of parentage made under the laws of other states 6shall be given full faith and credit in this State regardless 7of whether parentage was established through voluntary 8acknowledgment, tests to determine inherited characteristics, 9or judicial or administrative processes. 10 Section 951. The Department of Employment Security Law of 11the Civil Administrative Code of Illinois is amended by 12changing Section 1005-130 as follows: 13 (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14) 14 Sec. 1005-130. Exchange of information for child support 15enforcement. 16 (a) The Department has the power to exchange with the 17Department of Healthcare and Family Services information that 18may be necessary for the enforcement of child support orders 19entered 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 HB6191- 86 -LRB097 13524 JLS 69734 b 1Parentage Act of 1984, or the Illinois Parentage Act of 2012. 2 (b) Notwithstanding any provisions in the Civil 3Administrative Code of Illinois to the contrary, the Department 4of Employment Security shall not be liable to any person for 5any disclosure of information to the Department of Healthcare 6and Family Services (formerly Illinois Department of Public 7Aid) under subsection (a) or for any other action taken in good 8faith to comply with the requirements of subsection (a). 9(Source: P.A. 95-331, eff. 8-21-07.) 10 Section 952. The Department of Professional Regulation Law 11of the Civil Administrative Code of Illinois is amended by 12changing Section 2105-15 as follows: 13 (20 ILCS 2105/2105-15) 14 Sec. 2105-15. General powers and duties. 15 (a) The Department has, subject to the provisions of the 16Civil Administrative Code of Illinois, the following powers and 17duties: 18 (1) To authorize examinations in English to ascertain 19 the qualifications and fitness of applicants to exercise 20 the profession, trade, or occupation for which the 21 examination is held. 22 (2) To prescribe rules and regulations for a fair and 23 wholly impartial method of examination of candidates to 24 exercise the respective professions, trades, or HB6191- 87 -LRB097 13524 JLS 69734 b 1 occupations. 2 (3) To pass upon the qualifications of applicants for 3 licenses, certificates, and authorities, whether by 4 examination, by reciprocity, or by endorsement. 5 (4) To prescribe rules and regulations defining, for 6 the respective professions, trades, and occupations, what 7 shall constitute a school, college, or university, or 8 department of a university, or other institution, 9 reputable and in good standing, and to determine the 10 reputability and good standing of a school, college, or 11 university, or department of a university, or other 12 institution, reputable and in good standing, by reference 13 to a compliance with those rules and regulations; provided, 14 that no school, college, or university, or department of a 15 university, or other institution that refuses admittance 16 to applicants solely on account of race, color, creed, sex, 17 or national origin shall be considered reputable and in 18 good standing. 19 (5) To conduct hearings on proceedings to revoke, 20 suspend, refuse to renew, place on probationary status, or 21 take other disciplinary action as authorized in any 22 licensing Act administered by the Department with regard to 23 licenses, certificates, or authorities of persons 24 exercising the respective professions, trades, or 25 occupations and to revoke, suspend, refuse to renew, place 26 on probationary status, or take other disciplinary action HB6191- 88 -LRB097 13524 JLS 69734 b 1 as authorized in any licensing Act administered by the 2 Department with regard to those licenses, certificates, or 3 authorities. The Department shall issue a monthly 4 disciplinary report. The Department shall deny any license 5 or renewal authorized by the Civil Administrative Code of 6 Illinois to any person who has defaulted on an educational 7 loan or scholarship provided by or guaranteed by the 8 Illinois Student Assistance Commission or any governmental 9 agency of this State; however, the Department may issue a 10 license or renewal if the aforementioned persons have 11 established a satisfactory repayment record as determined 12 by the Illinois Student Assistance Commission or other 13 appropriate governmental agency of this State. 14 Additionally, beginning June 1, 1996, any license issued by 15 the Department may be suspended or revoked if the 16 Department, after the opportunity for a hearing under the 17 appropriate licensing Act, finds that the licensee has 18 failed to make satisfactory repayment to the Illinois 19 Student Assistance Commission for a delinquent or 20 defaulted loan. For the purposes of this Section, 21 "satisfactory repayment record" shall be defined by rule. 22 The Department shall refuse to issue or renew a license to, 23 or shall suspend or revoke a license of, any person who, 24 after receiving notice, fails to comply with a subpoena or 25 warrant relating to a paternity or child support 26 proceeding. However, the Department may issue a license or HB6191- 89 -LRB097 13524 JLS 69734 b 1 renewal upon compliance with the subpoena or warrant. 2 The Department, without further process or hearings, 3 shall revoke, suspend, or deny any license or renewal 4 authorized by the Civil Administrative Code of Illinois to 5 a person who is certified by the Department of Healthcare 6 and Family Services (formerly Illinois Department of 7 Public Aid) as being more than 30 days delinquent in 8 complying with a child support order or who is certified by 9 a court as being in violation of the Non-Support Punishment 10 Act for more than 60 days. The Department may, however, 11 issue a license or renewal if the person has established a 12 satisfactory repayment record as determined by the 13 Department of Healthcare and Family Services (formerly 14 Illinois Department of Public Aid) or if the person is 15 determined by the court to be in compliance with the 16 Non-Support Punishment Act. The Department may implement 17 this paragraph as added by Public Act 89-6 through the use 18 of emergency rules in accordance with Section 5-45 of the 19 Illinois Administrative Procedure Act. For purposes of the 20 Illinois Administrative Procedure Act, the adoption of 21 rules to implement this paragraph shall be considered an 22 emergency and necessary for the public interest, safety, 23 and welfare. 24 (6) To transfer jurisdiction of any realty under the 25 control of the Department to any other department of the 26 State Government or to acquire or accept federal lands when HB6191- 90 -LRB097 13524 JLS 69734 b 1 the transfer, acquisition, or acceptance is advantageous 2 to the State and is approved in writing by the Governor. 3 (7) To formulate rules and regulations necessary for 4 the enforcement of any Act administered by the Department. 5 (8) To exchange with the Department of Healthcare and 6 Family Services information that may be necessary for the 7 enforcement of child support orders entered pursuant to the 8 Illinois Public Aid Code, the Illinois Marriage and 9 Dissolution of Marriage Act, the Non-Support of Spouse and 10 Children Act, the Non-Support Punishment Act, the Revised 11 Uniform Reciprocal Enforcement of Support Act, the Uniform 12 Interstate Family Support Act, or the Illinois Parentage 13 Act of 1984 , or the Illinois Parentage Act of 2012. 14 Notwithstanding any provisions in this Code to the 15 contrary, the Department of Professional Regulation shall 16 not be liable under any federal or State law to any person 17 for any disclosure of information to the Department of 18 Healthcare and Family Services (formerly Illinois 19 Department of Public Aid) under this paragraph (8) or for 20 any other action taken in good faith to comply with the 21 requirements of this paragraph (8). 22 (9) To perform other duties prescribed by law. 23 (a-5) Except in cases involving default on an educational 24loan or scholarship provided by or guaranteed by the Illinois 25Student Assistance Commission or any governmental agency of 26this State or in cases involving delinquency in complying with HB6191- 91 -LRB097 13524 JLS 69734 b 1a child support order or violation of the Non-Support 2Punishment Act, no person or entity whose license, certificate, 3or authority has been revoked as authorized in any licensing 4Act administered by the Department may apply for restoration of 5that license, certification, or authority until 3 years after 6the effective date of the revocation. 7 (b) The Department may, when a fee is payable to the 8Department for a wall certificate of registration provided by 9the Department of Central Management Services, require that 10portion of the payment for printing and distribution costs be 11made directly or through the Department to the Department of 12Central Management Services for deposit into the Paper and 13Printing Revolving Fund. The remainder shall be deposited into 14the General Revenue Fund. 15 (c) For the purpose of securing and preparing evidence, and 16for the purchase of controlled substances, professional 17services, and equipment necessary for enforcement activities, 18recoupment of investigative costs, and other activities 19directed at suppressing the misuse and abuse of controlled 20substances, including those activities set forth in Sections 21504 and 508 of the Illinois Controlled Substances Act, the 22Director and agents appointed and authorized by the Director 23may expend sums from the Professional Regulation Evidence Fund 24that the Director deems necessary from the amounts appropriated 25for that purpose. Those sums may be advanced to the agent when 26the Director deems that procedure to be in the public interest. HB6191- 92 -LRB097 13524 JLS 69734 b 1Sums for the purchase of controlled substances, professional 2services, and equipment necessary for enforcement activities 3and other activities as set forth in this Section shall be 4advanced to the agent who is to make the purchase from the 5Professional Regulation Evidence Fund on vouchers signed by the 6Director. The Director and those agents are authorized to 7maintain one or more commercial checking accounts with any 8State banking corporation or corporations organized under or 9subject to the Illinois Banking Act for the deposit and 10withdrawal of moneys to be used for the purposes set forth in 11this Section; provided, that no check may be written nor any 12withdrawal made from any such account except upon the written 13signatures of 2 persons designated by the Director to write 14those checks and make those withdrawals. Vouchers for those 15expenditures must be signed by the Director. All such 16expenditures shall be audited by the Director, and the audit 17shall be submitted to the Department of Central Management 18Services for approval. 19 (d) Whenever the Department is authorized or required by 20law to consider some aspect of criminal history record 21information for the purpose of carrying out its statutory 22powers and responsibilities, then, upon request and payment of 23fees in conformance with the requirements of Section 2605-400 24of the Department of State Police Law (20 ILCS 2605/2605-400), 25the Department of State Police is authorized to furnish, 26pursuant to positive identification, the information contained HB6191- 93 -LRB097 13524 JLS 69734 b 1in State files that is necessary to fulfill the request. 2 (e) The provisions of this Section do not apply to private 3business and vocational schools as defined by Section 15 of the 4Private Business and Vocational Schools Act of 2012. 5 (f) Beginning July 1, 1995, this Section does not apply to 6those professions, trades, and occupations licensed under the 7Real Estate License Act of 2000, nor does it apply to any 8permits, certificates, or other authorizations to do business 9provided for in the Land Sales Registration Act of 1989 or the 10Illinois Real Estate Time-Share Act. 11 (g) Notwithstanding anything that may appear in any 12individual licensing statute or administrative rule, the 13Department shall deny any license application or renewal 14authorized under any licensing Act administered by the 15Department to any person who has failed to file a return, or to 16pay the tax, penalty, or interest shown in a filed return, or 17to pay any final assessment of tax, penalty, or interest, as 18required by any tax Act administered by the Illinois Department 19of Revenue, until such time as the requirement of any such tax 20Act are satisfied; however, the Department may issue a license 21or renewal if the person has established a satisfactory 22repayment record as determined by the Illinois Department of 23Revenue. For the purpose of this Section, "satisfactory 24repayment record" shall be defined by rule. 25 In addition, a complaint filed with the Department by the 26Illinois Department of Revenue that includes a certification, HB6191- 94 -LRB097 13524 JLS 69734 b 1signed by its Director or designee, attesting to the amount of 2the unpaid tax liability or the years for which a return was 3not filed, or both, is prima facia evidence of the licensee's 4failure to comply with the tax laws administered by the 5Illinois Department of Revenue. Upon receipt of that 6certification, the Department shall, without a hearing, 7immediately suspend all licenses held by the licensee. 8Enforcement of the Department's order shall be stayed for 60 9days. The Department shall provide notice of the suspension to 10the licensee by mailing a copy of the Department's order by 11certified and regular mail to the licensee's last known address 12as registered with the Department. The notice shall advise the 13licensee that the suspension shall be effective 60 days after 14the issuance of the Department's order unless the Department 15receives, from the licensee, a request for a hearing before the 16Department to dispute the matters contained in the order. 17 Any suspension imposed under this subsection (g) shall be 18terminated by the Department upon notification from the 19Illinois Department of Revenue that the licensee is in 20compliance with all tax laws administered by the Illinois 21Department of Revenue. 22 The Department shall promulgate rules for the 23administration of this subsection (g). 24 (h) The Department may grant the title "Retired", to be 25used immediately adjacent to the title of a profession 26regulated by the Department, to eligible retirees. The use of HB6191- 95 -LRB097 13524 JLS 69734 b 1the title "Retired" shall not constitute representation of 2current licensure, registration, or certification. Any person 3without an active license, registration, or certificate in a 4profession that requires licensure, registration, or 5certification shall not be permitted to practice that 6profession. 7 (i) Within 180 days after December 23, 2009 (the effective 8date of Public Act 96-852), the Department shall promulgate 9rules which permit a person with a criminal record, who seeks a 10license or certificate in an occupation for which a criminal 11record is not expressly a per se bar, to apply to the 12Department for a non-binding, advisory opinion to be provided 13by the Board or body with the authority to issue the license or 14certificate as to whether his or her criminal record would bar 15the individual from the licensure or certification sought, 16should the individual meet all other licensure requirements 17including, but not limited to, the successful completion of the 18relevant examinations. 19(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; 2096-1000, eff. 7-2-10; 97-650, eff. 2-1-12.) 21 Section 953. The Department of Revenue Law of the Civil 22Administrative Code of Illinois is amended by changing Section 232505-65 as follows: 24 (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12) HB6191- 96 -LRB097 13524 JLS 69734 b 1 Sec. 2505-65. Exchange of information. 2 (a) The Department has the power to exchange with any 3state, with any local subdivisions of any state, or with the 4federal government, except when specifically prohibited by 5law, any information that may be necessary to efficient tax 6administration and that may be acquired as a result of the 7administration of the laws set forth in the Sections following 8Section 95-10 and preceding Section 2505-60. 9 (b) The Department has the power to exchange with the 10Department of Healthcare and Family Services information that 11may be necessary for the enforcement of child support orders 12entered pursuant to the Illinois Public Aid Code, the Illinois 13Marriage and Dissolution of Marriage Act, the Non-Support of 14Spouse and Children Act, the Non-Support Punishment Act, the 15Revised Uniform Reciprocal Enforcement of Support Act, the 16Uniform Interstate Family Support Act, or the Illinois 17Parentage Act of 1984, or the Illinois Parentage Act of 2012. 18Notwithstanding any provisions in this Code to the contrary, 19the Department of Revenue shall not be liable to any person for 20any disclosure of information to the Department of Healthcare 21and Family Services (formerly Illinois Department of Public 22Aid) under this subsection (b) or for any other action taken in 23good faith to comply with the requirements of this subsection 24(b). 25(Source: P.A. 95-331, eff. 8-21-07.) HB6191- 97 -LRB097 13524 JLS 69734 b 1 Section 954. The Counties Code is amended by changing 2Section 3-5036.5 as follows: 3 (55 ILCS 5/3-5036.5) 4 Sec. 3-5036.5. Exchange of information for child support 5enforcement. 6 (a) The Recorder shall exchange with the Department of 7Healthcare and Family Services information that may be 8necessary for the enforcement of child support orders entered 9pursuant to the Illinois Public Aid Code, the Illinois Marriage 10and Dissolution of Marriage Act, the Non-Support of Spouse and 11Children Act, the Non-Support Punishment Act, the Revised 12Uniform Reciprocal Enforcement of Support Act, the Uniform 13Interstate Family Support Act, or the Illinois Parentage Act of 141984, or the Illinois Parentage Act of 2012. 15 (b) Notwithstanding any provisions in this Code to the 16contrary, the Recorder shall not be liable to any person for 17any disclosure of information to the Department of Healthcare 18and Family Services (formerly Illinois Department of Public 19Aid) under subsection (a) or for any other action taken in good 20faith to comply with the requirements of subsection (a). 21(Source: P.A. 95-331, eff. 8-21-07.) 22 Section 955. The Collection Agency Act is amended by 23changing Section 2.04 as follows: HB6191- 98 -LRB097 13524 JLS 69734 b 1 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1) 2 (Section scheduled to be repealed on January 1, 2016) 3 Sec. 2.04. Child support indebtedness. 4 (a) Persons, associations, partnerships, corporations, or 5other legal entities engaged in the business of collecting 6child support indebtedness owing under a court order as 7provided under 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 10Illinois Parentage Act of 1984, the Illinois Parentage Act of 112012, or similar laws of other states are not restricted (i) in 12the frequency of contact with an obligor who is in arrears, 13whether by phone, mail, or other means, (ii) from contacting 14the employer of an obligor who is in arrears, (iii) from 15publishing or threatening to publish a list of obligors in 16arrears, (iv) from disclosing or threatening to disclose an 17arrearage that the obligor disputes, but for which a verified 18notice of delinquency has been served under the Income 19Withholding for Support Act (or any of its predecessors, 20Section 10-16.2 of the Illinois Public Aid Code, Section 706.1 21of the Illinois Marriage and Dissolution of Marriage Act, 22Section 4.1 of the Non-Support of Spouse and Children Act, 23Section 26.1 of the Revised Uniform Reciprocal Enforcement of 24Support Act, or Section 20 of the Illinois Parentage Act of 251984), or (v) from engaging in conduct that would not cause a 26reasonable person mental or physical illness. For purposes of HB6191- 99 -LRB097 13524 JLS 69734 b 1this subsection, "obligor" means an individual who owes a duty 2to make periodic payments, under a court order, for the support 3of a child. "Arrearage" means the total amount of an obligor's 4unpaid child support obligations. 5 (a-5) A collection agency may not impose a fee or charge, 6including costs, for any child support payments collected 7through the efforts of a federal, State, or local government 8agency, including but not limited to child support collected 9from federal or State tax refunds, unemployment benefits, or 10Social Security benefits. 11 No collection agency that collects child support payments 12shall (i) impose a charge or fee, including costs, for 13collection of a current child support payment, (ii) fail to 14apply collections to current support as specified in the order 15for support before applying collection to arrears or other 16amounts, or (iii) designate a current child support payment as 17arrears or other amount owed. In all circumstances, the 18collection agency shall turn over to the obligee all support 19collected in a month up to the amount of current support 20required to be paid for that month. 21 As to any fees or charges, including costs, retained by the 22collection agency, that agency shall provide documentation to 23the obligee demonstrating that the child support payments 24resulted from the actions of the agency. 25 After collection of the total amount or arrearage, 26including statutory interest, due as of the date of execution HB6191- 100 -LRB097 13524 JLS 69734 b 1of the collection contract, no further fees may be charged. 2 (a-10) The Department of Professional Regulation shall 3determine a fee rate of not less than 25% but not greater than 435%, based upon presentation by the licensees as to costs to 5provide the service and a fair rate of return. This rate shall 6be established by administrative rule. 7 Without prejudice to the determination by the Department of 8the appropriate rate through administrative rule, a collection 9agency shall impose a fee of not more than 29% of the amount of 10child support actually collected by the collection agency 11subject to the provisions of subsection (a-5). This interim 12rate is based upon the March 2002 General Account Office report 13"Child Support Enforcement", GAO-02-349. This rate shall apply 14until a fee rate is established by administrative rule. 15 (b) The Department shall adopt rules necessary to 16administer and enforce the provisions of this Section. 17(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.) 18 Section 956. The Illinois Public Aid Code is amended by 19changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19, 2010-25, 10-25.5, 10-27, and 12-4.7c as follows: 21 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1) 22 Sec. 10-3.1. Child and Spouse Support Unit. The Illinois 23Department shall establish within its administrative staff a 24Child and Spouse Support Unit to search for and locate absent HB6191- 101 -LRB097 13524 JLS 69734 b 1parents and spouses liable for the support of persons resident 2in this State and to exercise the support enforcement powers 3and responsibilities assigned the Department by this Article. 4The unit shall cooperate with all law enforcement officials in 5this State and with the authorities of other States in locating 6persons responsible for the support of persons resident in 7other States and shall invite the cooperation of these 8authorities in the performance of its duties. 9 In addition to other duties assigned the Child and Spouse 10Support Unit by this Article, the Unit may refer to the 11Attorney General or units of local government with the approval 12of the Attorney General, any actions under Sections 10-10 and 1310-15 for judicial enforcement of the support liability. The 14Child and Spouse Support Unit shall act for the Department in 15referring to the Attorney General support matters requiring 16judicial enforcement under other laws. If requested by the 17Attorney General to so act, as provided in Section 12-16, 18attorneys of the Unit may assist the Attorney General or 19themselves institute actions on in behalf of the Illinois 20Department under the Revised Uniform Reciprocal Enforcement of 21Support Act; under the Illinois Parentage Act of 1984 or under 22the Illinois Parentage Act of 2012; under the Non-Support of 23Spouse and Children Act; under the Non-Support Punishment Act; 24or under any other law, State or Federal, providing for support 25of a spouse or dependent child. 26 The Illinois Department shall also have the authority to HB6191- 102 -LRB097 13524 JLS 69734 b 1enter into agreements with local governmental units or 2individuals, with the approval of the Attorney General, for the 3collection of moneys owing because of the failure of a parent 4to make child support payments for any child receiving services 5under this Article. Such agreements may be on a contingent fee 6basis, but such contingent fee shall not exceed 25% of the 7total amount collected. 8 An attorney who provides representation pursuant to this 9Section shall represent the Illinois Department exclusively. 10Regardless of the designation of the plaintiff in an action 11brought pursuant to this Section, an attorney-client 12relationship does not exist for purposes of that action between 13that attorney and (i) an applicant for or recipient of child 14support enforcement services or (ii) any other party to the 15action other than the Illinois Department. Nothing in this 16Section shall be construed to modify any power or duty 17(including a duty to maintain confidentiality) of the Child and 18Spouse Support Unit or the Illinois Department otherwise 19provided by law. 20 The Illinois Department may also enter into agreements with 21local governmental units for the Child and Spouse Support Unit 22to exercise the investigative and enforcement powers 23designated in this Article, including the issuance of 24administrative orders under Section 10-11, in locating 25responsible relatives and obtaining support for persons 26applying for or receiving aid under Article VI. Payments for HB6191- 103 -LRB097 13524 JLS 69734 b 1defrayment of administrative costs and support payments 2obtained shall be deposited into the DHS Recoveries Trust Fund. 3Support payments shall be paid over to the General Assistance 4Fund of the local governmental unit at such time or times as 5the agreement may specify. 6 With respect to those cases in which it has support 7enforcement powers and responsibilities under this Article, 8the Illinois Department may provide by rule for periodic or 9other review of each administrative and court order for support 10to determine whether a modification of the order should be 11sought. The Illinois Department shall provide for and conduct 12such review in accordance with any applicable federal law and 13regulation. 14 As part of its process for review of orders for support, 15the Illinois Department, through written notice, may require 16the responsible relative to disclose his or her Social Security 17Number and past and present information concerning the 18relative's address, employment, gross wages, deductions from 19gross wages, net wages, bonuses, commissions, number of 20dependent exemptions claimed, individual and dependent health 21insurance coverage, and any other information necessary to 22determine the relative's ability to provide support in a case 23receiving child support enforcement services under this 24Article X. 25 The Illinois Department may send a written request for the 26same information to the relative's employer. The employer shall HB6191- 104 -LRB097 13524 JLS 69734 b 1respond to the request for information within 15 days after the 2date the employer receives the request. If the employer 3willfully fails to fully respond within the 15-day period, the 4employer shall pay a penalty of $100 for each day that the 5response is not provided to the Illinois Department after the 615-day period has expired. The penalty may be collected in a 7civil action which may be brought against the employer in favor 8of the Illinois Department. 9 A written request for information sent to an employer 10pursuant to this Section shall consist of (i) a citation of 11this Section as the statutory authority for the request and for 12the employer's obligation to provide the requested 13information, (ii) a returnable form setting forth the 14employer's name and address and listing the name of the 15employee with respect to whom information is requested, and 16(iii) a citation of this Section as the statutory authority 17authorizing the employer to withhold a fee of up to $20 from 18the wages or income to be paid to each responsible relative for 19providing the information to the Illinois Department within the 2015-day period. If the employer is withholding support payments 21from the responsible relative's income pursuant to an order for 22withholding, the employer may withhold the fee provided for in 23this Section only after withholding support as required under 24the order. Any amounts withheld from the responsible relative's 25income for payment of support and the fee provided for in this 26Section shall not be in excess of the amounts permitted under HB6191- 105 -LRB097 13524 JLS 69734 b 1the federal Consumer Credit Protection Act. 2 In a case receiving child support enforcement services, the 3Illinois Department may request and obtain information from a 4particular employer under this Section no more than once in any 512-month period, unless the information is necessary to conduct 6a review of a court or administrative order for support at the 7request of the person receiving child support enforcement 8services. 9 The Illinois Department shall establish and maintain an 10administrative unit to receive and transmit to the Child and 11Spouse Support Unit information supplied by persons applying 12for or receiving child support enforcement services under 13Section 10-1. In addition, the Illinois Department shall 14address and respond to any alleged deficiencies that persons 15receiving or applying for services from the Child and Spouse 16Support Unit may identify concerning the Child and Spouse 17Support Unit's provision of child support enforcement 18services. Within 60 days after an action or failure to act by 19the Child and Spouse Support Unit that affects his or her case, 20a recipient of or applicant for child support enforcement 21services under Article X of this Code may request an 22explanation of the Unit's handling of the case. At the 23requestor's option, the explanation may be provided either 24orally in an interview, in writing, or both. If the Illinois 25Department fails to respond to the request for an explanation 26or fails to respond in a manner satisfactory to the applicant HB6191- 106 -LRB097 13524 JLS 69734 b 1or recipient within 30 days from the date of the request for an 2explanation, the applicant or recipient may request a 3conference for further review of the matter by the Office of 4the Administrator of the Child and Spouse Support Unit. A 5request for a conference may be submitted at any time within 60 6days after the explanation has been provided by the Child and 7Spouse Support Unit or within 60 days after the time for 8providing the explanation has expired. 9 The applicant or recipient may request a conference 10concerning any decision denying or terminating child support 11enforcement services under Article X of this Code, and the 12applicant or recipient may also request a conference concerning 13the Unit's failure to provide services or the provision of 14services in an amount or manner that is considered inadequate. 15For purposes of this Section, the Child and Spouse Support Unit 16includes all local governmental units or individuals with whom 17the Illinois Department has contracted under Section 10-3.1. 18 Upon receipt of a timely request for a conference, the 19Office of the Administrator shall review the case. The 20applicant or recipient requesting the conference shall be 21entitled, at his or her option, to appear in person or to 22participate in the conference by telephone. The applicant or 23recipient requesting the conference shall be entitled to be 24represented and to be afforded a reasonable opportunity to 25review the Illinois Department's file before or at the 26conference. At the conference, the applicant or recipient HB6191- 107 -LRB097 13524 JLS 69734 b 1requesting the conference shall be afforded an opportunity to 2present all relevant matters in support of his or her claim. 3Conferences shall be without cost to the applicant or recipient 4requesting the conference and shall be conducted by a 5representative of the Child or Spouse Support Unit who did not 6participate in the action or inaction being reviewed. 7 The Office of the Administrator shall conduct a conference 8and inform all interested parties, in writing, of the results 9of the conference within 60 days from the date of filing of the 10request for a conference. 11 In addition to its other powers and responsibilities 12established by this Article, the Child and Spouse Support Unit 13shall conduct an annual assessment of each institution's 14program for institution based paternity establishment under 15Section 12 of the Vital Records Act. 16(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16, 17eff. 6-28-01; 92-590, eff. 7-1-02.) 18 (305 ILCS 5/10-16.7) 19 Sec. 10-16.7. Child support enforcement debit 20authorization. 21 (a) For purposes of this Section: 22 "Financial institution" and "account" are defined as set 23forth in Section 10-24. 24 "Payor" is defined as set forth in Section 15 of the Income 25Withholding for Support Act. HB6191- 108 -LRB097 13524 JLS 69734 b 1 "Order for support" means any order for periodic payment of 2funds to the State Disbursement Unit for the support of a child 3or, where applicable, for support of a child and a parent with 4whom the child resides, that is entered or modified under this 5Code or under the Illinois Marriage and Dissolution of Marriage 6Act, the Non-Support of Spouse and Children Act, the 7Non-Support Punishment Act, or the Illinois Parentage Act of 81984, or the Illinois Parentage Act of 2012, or that is entered 9or registered for modification or enforcement under the Uniform 10Interstate Family Support Act. 11 "Obligor" means an individual who owes a duty to make 12payments under an order for support in a case in which child 13support enforcement services are being provided under this 14Article X. 15 (b) The Department of Public Aid (now Healthcare and Family 16Services) shall adopt a child support enforcement debit 17authorization form that, upon being signed by an obligor, 18authorizes a financial institution holding an account on the 19obligor's behalf to debit the obligor's account periodically in 20an amount equal to the amount of child support that the obligor 21is required to pay periodically and transfer that amount to the 22State Disbursement Unit. The form shall include instructions to 23the financial institution concerning the debiting of accounts 24held on behalf of obligors and the transfer of the debited 25amounts to the State Disbursement Unit. In adopting the form, 26the Department may consult with the Office of Banks and Real HB6191- 109 -LRB097 13524 JLS 69734 b 1Estate and the Department of Financial Institutions. The 2Department must adopt the form within 6 months after the 3effective date of this amendatory Act of the 93rd General 4Assembly. Promptly after adopting the form, the Department must 5notify each financial institution conducting business in this 6State that the form has been adopted and is ready for use. 7 (c) An obligor who does not have a payor may sign a child 8support debit authorization form adopted by the Department 9under this Section. The obligor may sign a form in relation to 10any or all of the financial institutions holding an account on 11the obligor's behalf. Promptly after an obligor signs a child 12support debit authorization form, the Department shall send the 13original signed form to the appropriate financial institution. 14Subject to subsection (e), upon receiving the form, the 15financial institution shall debit the account and transfer the 16debited amounts to the State Disbursement Unit according to the 17instructions in the form. A financial institution that complies 18with a child support debit authorization form signed by an 19obligor and issued under this Section shall not be subject to 20civil liability with respect to any individual or any agency. 21 (d) The signing and issuance of a child support debit 22authorization form under this Section does not relieve the 23obligor from responsibility for compliance with any 24requirement under the order for support. 25 (e) A financial institution is obligated to debit the 26account of an obligor pursuant to this Section only if or to HB6191- 110 -LRB097 13524 JLS 69734 b 1the extent: 2 (1) the financial institution reasonably believes the 3 debit authorization form is a true and authentic original 4 document; 5 (2) there are finally collected funds in the account; 6 and 7 (3) the account is not subject to offsetting claims of 8 the financial institution, whether due at the time of 9 receipt of the debit authorization form or thereafter to 10 become due and whether liquidated or unliquidated. 11 To the extent the account of the obligor is pledged or held 12by the financial institution as security for a loan or other 13obligation, or that the financial institution has any other 14claim or lien against the account, the financial institution is 15entitled to retain the account. 16(Source: P.A. 95-331, eff. 8-21-07.) 17 (305 ILCS 5/10-17) (from Ch. 23, par. 10-17) 18 Sec. 10-17. Other Actions and Remedies for Support. The 19procedures, actions and remedies provided in this Article shall 20in no way be exclusive, but shall be available in addition to 21other actions and remedies of support, including, but not by 22way of limitation, the remedies provided in (a) the Illinois 23Parentage Act of 2012 "Paternity Act", approved July 5, 1957, 24as amended; (b) the "Non-Support of Spouse and Children Act", 25approved June 24, 1915, as amended; (b-5) the Non-Support HB6191- 111 -LRB097 13524 JLS 69734 b 1Punishment Act; and (c) the "Revised Uniform Reciprocal 2Enforcement of Support Act", approved August 28, 1969, as 3amended. 4(Source: P.A. 91-613, eff. 10-1-99.) 5 (305 ILCS 5/10-17.7) 6 Sec. 10-17.7. Administrative determination of paternity. 7The Illinois Department may provide by rule for the 8administrative determination of paternity by the Child and 9Spouse Support Unit in cases involving applicants for or 10recipients of financial aid under Article IV of this Act and 11other persons who are given access to the child support 12enforcement services of this Article as provided in Section 1310-1, including persons similarly situated and receiving 14similar services in other states. The rules shall extend to 15cases in which the mother and alleged father voluntarily 16acknowledge paternity in the form required by the Illinois 17Department or agree to be bound by the results of genetic 18testing or in which the alleged father has failed to respond to 19a notification of support obligation issued under Section 10-4 20and to cases of contested paternity. The Illinois Department's 21form for voluntary acknowledgement of paternity shall be the 22same form prepared by the Illinois Department for use under the 23requirements of Section 12 of the Vital Records Act. Any 24presumption provided for under the Illinois Parentage Act of 251984 or under the Illinois Parentage Act of 2012 on and after HB6191- 112 -LRB097 13524 JLS 69734 b 1the effective date of that Act shall apply to cases in which 2paternity is determined under the rules of the Illinois 3Department. The rules shall provide for notice and an 4opportunity to be heard by the responsible relative and the 5person receiving child support enforcement services under this 6Article if paternity is not voluntarily acknowledged, and any 7final administrative decision rendered by the Illinois 8Department shall be reviewed only under and in accordance with 9the Administrative Review Law. Determinations of paternity 10made by the Illinois Department under the rules authorized by 11this Section shall have the full force and effect of a court 12judgment of paternity entered under the Illinois Parentage Act 13of 1984 or under the Illinois Parentage Act of 2012. 14 In determining paternity in contested cases, the Illinois 15Department shall conduct the evidentiary hearing in accordance 16with Article 4 of the Illinois Parentage Act of 2012 Section 11 17of the Parentage Act of 1984, except that references in that 18Article Section to "the court" shall be deemed to mean the 19Illinois Department's hearing officer in cases in which 20paternity is determined administratively by the Illinois 21Department. 22 Notwithstanding any other provision of this Article, a 23default determination of paternity may be made if service of 24the notice under Section 10-4 was made by publication under the 25rules for administrative paternity determination authorized by 26this Section. The rules as they pertain to service by HB6191- 113 -LRB097 13524 JLS 69734 b 1publication shall (i) be based on the provisions of Section 22-206 and 2-207 of the Code of Civil Procedure, (ii) provide 3for service by publication in cases in which the whereabouts of 4the alleged father are unknown after diligent location efforts 5by the Child and Spouse Support Unit, and (iii) provide for 6publication of a notice of default paternity determination in 7the same manner that the notice under Section 10-4 was 8published. 9 The Illinois Department may implement this Section through 10the use of emergency rules in accordance with Section 5-45 of 11the Illinois Administrative Procedure Act. For purposes of the 12Illinois Administrative Procedure Act, the adoption of rules to 13implement this Section shall be considered an emergency and 14necessary for the public interest, safety, and welfare. 15(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.) 16 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19) 17 Sec. 10-19. Support Payments Ordered Under Other Laws; 18where deposited. The Illinois Department and local 19governmental units are authorized to receive payments directed 20by court order for the support of recipients, as provided in 21the following Acts: 22 1. "Non-Support of Spouse and Children Act", approved June 2324, 1915, as amended, 24 1.5. The Non-Support Punishment Act, 25 2. "Illinois Marriage and Dissolution of Marriage Act", as HB6191- 114 -LRB097 13524 JLS 69734 b 1now or hereafter amended, 2 3. The Illinois Parentage Act, as amended, 3 3.5. The Illinois Parentage Act of 2012, 4 4. "Revised Uniform Reciprocal Enforcement of Support 5Act", approved August 28, 1969, as amended, 6 5. The Juvenile Court Act or the Juvenile Court Act of 71987, as amended, 8 6. The "Unified Code of Corrections", approved July 26, 91972, as amended, 10 7. Part 7 of Article XII of the Code of Civil Procedure, as 11amended, 12 8. Part 8 of Article XII of the Code of Civil Procedure, as 13amended, and 14 9. Other laws which may provide by judicial order for 15direct payment of support moneys. 16 Payments under this Section to the Illinois Department 17pursuant to the Child Support Enforcement Program established 18by Title IV-D of the Social Security Act shall be paid into the 19Child Support Enforcement Trust Fund. All payments under this 20Section to the Illinois Department of Human Services shall be 21deposited in the DHS Recoveries Trust Fund. Disbursements from 22these funds shall be as provided in Sections 12-9.1 and 12-10.2 23of this Code. Payments received by a local governmental unit 24shall be deposited in that unit's General Assistance Fund. 25 To the extent the provisions of this Section are 26inconsistent with the requirements pertaining to the State HB6191- 115 -LRB097 13524 JLS 69734 b 1Disbursement Unit under Sections 10-10.4 and 10-26 of this 2Code, the requirements pertaining to the State Disbursement 3Unit shall apply. 4(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613, 5eff. 10-1-99; 92-16, eff. 6-28-01.) 6 (305 ILCS 5/10-25) 7 Sec. 10-25. Administrative liens and levies on real 8property for past-due child support. 9 (a) Notwithstanding any other State or local law to the 10contrary, the State shall have a lien on all legal and 11equitable interests of responsible relatives in their real 12property in the amount of past-due child support owing pursuant 13to an order for child support entered under Sections 10-10 and 1410-11 of this Code, or under the Illinois Marriage and 15Dissolution of Marriage Act, the Non-Support of Spouse and 16Children Act, the Non-Support Punishment Act, the Uniform 17Interstate Family Support Act, or the Illinois Parentage Act of 181984, or the Illinois Parentage Act of 2012. 19 (b) The Illinois Department shall provide by rule for 20notice to and an opportunity to be heard by each responsible 21relative affected, and any final administrative decision 22rendered by the Illinois Department shall be reviewed only 23under and in accordance with the Administrative Review Law. 24 (c) When enforcing a lien under subsection (a) of this 25Section, the Illinois Department shall have the authority to HB6191- 116 -LRB097 13524 JLS 69734 b 1execute notices of administrative liens and levies, which shall 2contain the name and address of the responsible relative, a 3legal description of the real property to be levied, the fact 4that a lien is being claimed for past-due child support, and 5such other information as the Illinois Department may by rule 6prescribe. The Illinois Department shall record the notice of 7lien with the recorder or registrar of titles of the county or 8counties in which the real estate is located. 9 (d) The State's lien under subsection (a) shall be 10enforceable upon the recording or filing of a notice of lien 11with the recorder or registrar of titles of the county or 12counties in which the real estate is located. The lien shall be 13prior to any lien thereafter recorded or filed and shall be 14notice to a subsequent purchaser, assignor, or encumbrancer of 15the existence and nature of the lien. The lien shall be 16inferior to the lien of general taxes, special assessment, and 17special taxes heretofore or hereafter levied by any political 18subdivision or municipal corporation of the State. 19 In the event that title to the land to be affected by the 20notice of lien is registered under the Registered Titles 21(Torrens) Act, the notice shall be filed in the office of the 22registrar of titles as a memorial or charge upon each folium of 23the register of titles affected by the notice; but the State 24shall not have a preference over the rights of any bona fide 25purchaser, mortgagee, judgment creditor, or other lien holders 26registered prior to the registration of the notice. HB6191- 117 -LRB097 13524 JLS 69734 b 1 (e) The recorder or registrar of titles of each county 2shall procure a file labeled "Child Support Lien Notices" and 3an index book labeled "Child Support Lien Notices". When notice 4of any lien is presented to the recorder or registrar of titles 5for filing, the recorder or registrar of titles shall file it 6in numerical order in the file and shall enter it 7alphabetically in the index. The entry shall show the name and 8last known address of the person named in the notice, the 9serial number of the notice, the date and hour of filing, and 10the amount of child support due at the time when the lien is 11filed. 12 (f) The Illinois Department shall not be required to 13furnish bond or make a deposit for or pay any costs or fees of 14any court or officer thereof in any legal proceeding involving 15the lien. 16 (g) To protect the lien of the State for past-due child 17support, the Illinois Department may, from funds that are 18available for that purpose, pay or provide for the payment of 19necessary or essential repairs, purchase tax certificates, pay 20balances due on land contracts, or pay or cause to be satisfied 21any prior liens on the property to which the lien hereunder 22applies. 23 (h) A lien on real property under this Section shall be 24released pursuant to Section 12-101 of the Code of Civil 25Procedure. 26 (i) The Illinois Department, acting in behalf of the State, HB6191- 118 -LRB097 13524 JLS 69734 b 1may foreclose the lien in a judicial proceeding to the same 2extent and in the same manner as in the enforcement of other 3liens. The process, practice, and procedure for the foreclosure 4shall be the same as provided in the Code of Civil Procedure. 5(Source: P.A. 97-186, eff. 7-22-11.) 6 (305 ILCS 5/10-25.5) 7 Sec. 10-25.5. Administrative liens and levies on personal 8property for past-due child support. 9 (a) Notwithstanding any other State or local law to the 10contrary, the State shall have a lien on all legal and 11equitable interests of responsible relatives in their personal 12property, including any account in a financial institution as 13defined in Section 10-24, or in the case of an insurance 14company or benefit association only in accounts as defined in 15Section 10-24, in the amount of past-due child support owing 16pursuant to an order for child support entered under Sections 1710-10 and 10-11 of this Code, or under the Illinois Marriage 18and Dissolution of Marriage Act, the Non-Support of Spouse and 19Children Act, the Non-Support Punishment Act, the Uniform 20Interstate Family Support Act, or the Illinois Parentage Act of 211984, or the Illinois Parentage Act of 2012. 22 (b) The Illinois Department shall provide by rule for 23notice to and an opportunity to be heard by each responsible 24relative affected, and any final administrative decision 25rendered by the Illinois Department shall be reviewed only HB6191- 119 -LRB097 13524 JLS 69734 b 1under and in accordance with the Administrative Review Law. 2 (c) When enforcing a lien under subsection (a) of this 3Section, the Illinois Department shall have the authority to 4execute notices of administrative liens and levies, which shall 5contain the name and address of the responsible relative, a 6description of the property to be levied, the fact that a lien 7is being claimed for past-due child support, and such other 8information as the Illinois Department may by rule prescribe. 9The Illinois Department may serve the notice of lien or levy 10upon any financial institution where the accounts as defined in 11Section 10-24 of the responsible relative may be held, for 12encumbrance or surrender of the accounts as defined in Section 1310-24 by the financial institution. 14 (d) The Illinois Department shall enforce its lien against 15the responsible relative's personal property, other than 16accounts as defined in Section 10-24 in financial institutions, 17and levy upon such personal property in the manner provided for 18enforcement of judgments contained in Article XII of the Code 19of Civil Procedure. 20 (e) The Illinois Department shall not be required to 21furnish bond or make a deposit for or pay any costs or fees of 22any court or officer thereof in any legal proceeding involving 23the lien. 24 (f) To protect the lien of the State for past-due child 25support, the Illinois Department may, from funds that are 26available for that purpose, pay or provide for the payment of HB6191- 120 -LRB097 13524 JLS 69734 b 1necessary or essential repairs, purchase tax certificates, or 2pay or cause to be satisfied any prior liens on the property to 3which the lien hereunder applies. 4 (g) A lien on personal property under this Section shall be 5released in the manner provided under Article XII of the Code 6of Civil Procedure. Notwithstanding the foregoing, a lien under 7this Section on accounts as defined in Section 10-24 shall 8expire upon the passage of 120 days from the date of issuance 9of the Notice of Lien or Levy by the Illinois Department. 10However, the lien shall remain in effect during the pendency of 11any appeal or protest. 12 (h) A lien created under this Section is subordinate to any 13prior lien of the financial institution or any prior lien 14holder or any prior right of set-off that the financial 15institution may have against the assets, or in the case of an 16insurance company or benefit association only in the accounts 17as defined in Section 10-24. 18 (i) A financial institution has no obligation under this 19Section to hold, encumber, or surrender the assets, or in the 20case of an insurance company or benefit association only the 21accounts as defined in Section 10-24, until the financial 22institution has been properly served with a subpoena, summons, 23warrant, court or administrative order, or administrative lien 24and levy requiring that action. 25(Source: P.A. 97-186, eff. 7-22-11.) HB6191- 121 -LRB097 13524 JLS 69734 b 1 (305 ILCS 5/10-27) 2 Sec. 10-27. State Case Registry. 3 (a) The Illinois Department shall establish an automated 4State Case Registry to contain records concerning child support 5orders for parties receiving child support enforcement 6services under this Article X, and for all child support orders 7entered or modified on or after October 1, 1998. The State Case 8Registry shall include (i) the information filed with the 9Illinois Department, or filed with the clerk of the circuit 10court and provided to the Illinois Department, under the 11provisions of Sections 10-10.5 and 10-11.2 of this Code, 12Section 505.3 of the Illinois Marriage and Dissolution of 13Marriage Act, Section 30 of the Non-Support Punishment Act, and 14Section 803 of the Illinois Parentage Act of 2012, and Section 1514.1 of the Illinois Parentage Act of 1984, and (ii) any other 16information required under Title IV, Part D of the Social 17Security Act or by the federal Department of Health and Human 18Services. 19 (b) (Blank). 20 (c) The Illinois Department shall maintain the following 21payment information on child support orders for parties 22receiving child support enforcement services under this 23Article X: 24 (1) the amount of monthly or other periodic support 25 owed under the order and other amounts, including 26 arrearages, interest or late payment penalties, and fees, HB6191- 122 -LRB097 13524 JLS 69734 b 1 due or overdue under the order; 2 (2) any amounts described in subdivision (1) of 3 subsection (d) that have been collected; 4 (3) the distribution of the collected amounts; and 5 (4) the amount of any lien imposed with respect to the 6 order pursuant to Section 10-25 or Section 10-25.5 of this 7 Code. 8 (d) The Illinois Department shall establish, update, 9maintain, and monitor case records in the Registry of parties 10receiving child support enforcement services under this 11Article X, on the bases of: 12 (1) information on administrative actions and 13 administrative and judicial proceedings and orders 14 relating to paternity and support; 15 (2) information obtained from comparison with federal, 16 State, and local sources of information; 17 (3) information on support collections and 18 distribution; and 19 (4) any other relevant information. 20 (e) The Illinois Department shall use the automated State 21Case Registry to share and compare information with, and 22receive information from, other data bases and information 23comparison services in order to obtain (or provide) information 24necessary to enable the Illinois Department (or the federal 25Department of Health and Human Services or other State or 26federal agencies) to carry out the requirements of the child HB6191- 123 -LRB097 13524 JLS 69734 b 1support enforcement program established under Title IV, Part D 2of the Social Security Act. Such information comparison 3activities shall include the following: 4 (1) Furnishing to the Federal Case Registry of Child 5 Support Orders (and updating as necessary, with 6 information including notice of expiration of orders) the 7 information specified by the federal Department of Health 8 and Human Services in regulations. 9 (2) Exchanging information with the Federal Parent 10 Locator Service for the purposes specified in Section 453 11 of the Social Security Act. 12 (3) Exchanging information with State agencies (of 13 this State and of other states) administering programs 14 funded under Title IV, Part A and Title XIX of the Social 15 Security Act and other programs designated by the federal 16 Department of Health and Human Services, as necessary to 17 perform responsibilities under Title IV, Part D of the 18 Social Security Act and under such other programs. 19 (4) Exchanging information with other agencies of this 20 State, agencies of other states, and interstate 21 information networks, as necessary and appropriate to 22 carry out (or assist other states to carry out) the 23 purposes of Title IV, Part D of the Social Security Act. 24 (5) Disclosing information to any other entities as 25 required under Title IV, Part D of the Social Security Act. 26 (f) The Illinois Department shall adopt rules establishing HB6191- 124 -LRB097 13524 JLS 69734 b 1safeguards, applicable to all confidential information 2included in the State Case Registry, that are designed to 3protect the privacy rights of persons concerning whom 4information is on record in the State Case Registry. Such 5safeguards shall include, but not be limited to the following: 6 (1) Prohibitions against the release of information on 7 the whereabouts of one party or the child to another party 8 against whom a protective order with respect to the former 9 party or the child has been entered. 10 (2) Prohibitions against the release of information on 11 the whereabouts of one party or the child to another party 12 if the Illinois Department has reasonable evidence of 13 domestic violence or child abuse (that is, allegations of 14 domestic violence or child abuse, unless the Illinois 15 Department has an independent, reasonable basis to find the 16 person making the allegation not credible) to the former 17 party or child by the party requesting information. 18 (3) Prohibitions against the release of information on 19 the whereabouts of one party or the child to another person 20 if the Illinois Department has reason to believe the 21 release of information to that person may result in 22 physical or emotional harm to the party or child. 23(Source: P.A. 92-463, eff. 8-22-01.) 24 (305 ILCS 5/12-4.7c) 25 Sec. 12-4.7c. Exchange of information after July 1, 1997. HB6191- 125 -LRB097 13524 JLS 69734 b 1 (a) The Department of Human Services shall exchange with 2the Department of Healthcare and Family Services information 3that may be necessary for the enforcement of child support 4orders entered pursuant to Sections 10-10 and 10-11 of this 5Code or pursuant to the Illinois Marriage and Dissolution of 6Marriage Act, the Non-Support of Spouse and Children Act, the 7Non-Support Punishment Act, the Revised Uniform Reciprocal 8Enforcement of Support Act, the Uniform Interstate Family 9Support Act, or the Illinois Parentage Act of 1984, or the 10Illinois Parentage Act of 2012. 11 (b) Notwithstanding any provisions in this Code to the 12contrary, the Department of Human Services shall not be liable 13to any person for any disclosure of information to the 14Department of Healthcare and Family Services (formerly 15Illinois Department of Public Aid) under subsection (a) or for 16any other action taken in good faith to comply with the 17requirements of subsection (a). 18(Source: P.A. 95-331, eff. 8-21-07.) 19 Section 957. The Genetic Information Privacy Act is amended 20by changing Sections 22 and 30 as follows: 21 (410 ILCS 513/22) 22 Sec. 22. Tests to determine inherited characteristics in 23paternity proceedings. Nothing in this Act shall be construed 24to affect or restrict in any way the ordering of or use of HB6191- 126 -LRB097 13524 JLS 69734 b 1results from deoxyribonucleic acid (DNA) testing or other tests 2to determine inherited characteristics by the court in a 3judicial proceeding under the Illinois Parentage Act of 1984 or 4under the Illinois Parentage Act of 2012 on and after the 5effective date of that Act or by the Department of Healthcare 6and Family Services in an administrative paternity proceeding 7under Article X of the Illinois Public Aid Code and rules 8promulgated under that Article. 9(Source: P.A. 95-331, eff. 8-21-07.) 10 (410 ILCS 513/30) 11 Sec. 30. Disclosure of person tested and test results. 12 (a) No person may disclose or be compelled to disclose the 13identity of any person upon whom a genetic test is performed or 14the results of a genetic test in a manner that permits 15identification of the subject of the test, except to the 16following persons: 17 (1) The subject of the test or the subject's legally 18 authorized representative. This paragraph does not create 19 a duty or obligation under which a health care provider 20 must notify the subject's spouse or legal guardian of the 21 test results, and no such duty or obligation shall be 22 implied. No civil liability or criminal sanction under this 23 Act shall be imposed for any disclosure or nondisclosure of 24 a test result to a spouse by a physician acting in good 25 faith under this paragraph. For the purpose of any HB6191- 127 -LRB097 13524 JLS 69734 b 1 proceedings, civil or criminal, the good faith of any 2 physician acting under this paragraph shall be presumed. 3 (2) Any person designated in a specific written legally 4 effective release of the test results executed by the 5 subject of the test or the subject's legally authorized 6 representative. 7 (3) An authorized agent or employee of a health 8 facility or health care provider if the health facility or 9 health care provider itself is authorized to obtain the 10 test results, the agent or employee provides patient care, 11 and the agent or employee has a need to know the 12 information in order to conduct the tests or provide care 13 or treatment. 14 (4) A health facility or health care provider that 15 procures, processes, distributes, or uses: 16 (A) a human body part from a deceased person with 17 respect to medical information regarding that person; 18 or 19 (B) semen provided prior to the effective date of 20 this Act for the purpose of artificial insemination. 21 (5) Health facility staff committees for the purposes 22 of conducting program monitoring, program evaluation, or 23 service reviews. 24 (6) In the case of a minor under 18 years of age, the 25 health care provider who ordered the test shall make a 26 reasonable effort to notify the minor's parent or legal HB6191- 128 -LRB097 13524 JLS 69734 b 1 guardian if, in the professional judgment of the health 2 care provider, notification would be in the best interest 3 of the minor and the health care provider has first sought 4 unsuccessfully to persuade the minor to notify the parent 5 or legal guardian or after a reasonable time after the 6 minor has agreed to notify the parent or legal guardian, 7 the health care provider has reason to believe that the 8 minor has not made the notification. This paragraph shall 9 not create a duty or obligation under which a health care 10 provider must notify the minor's parent or legal guardian 11 of the test results, nor shall a duty or obligation be 12 implied. No civil liability or criminal sanction under this 13 Act shall be imposed for any notification or 14 non-notification of a minor's test result by a health care 15 provider acting in good faith under this paragraph. For the 16 purpose of any proceeding, civil or criminal, the good 17 faith of any health care provider acting under this 18 paragraph shall be presumed. 19 (7) All information and records held by a State agency 20 or local health authority pertaining to genetic 21 information shall be strictly confidential and exempt from 22 copying and inspection under the Freedom of Information 23 Act. The information and records shall not be released or 24 made public by the State agency or local health authority 25 and shall not be admissible as evidence nor discoverable in 26 any action of any kind in any court or before any tribunal, HB6191- 129 -LRB097 13524 JLS 69734 b 1 board, agency, or person and shall be treated in the same 2 manner as the information and those records subject to the 3 provisions of Part 21 of Article VIII of the Code of Civil 4 Procedure except under the following circumstances: 5 (A) when made with the written consent of all 6 persons to whom the information pertains; 7 (B) when authorized by Section 5-4-3 of the Unified 8 Code of Corrections; 9 (C) when made for the sole purpose of implementing 10 the Newborn Metabolic Screening Act and rules; or 11 (D) when made under the authorization of the 12 Illinois Parentage Act of 2012 1984. 13 Disclosure shall be limited to those who have a need to 14know the information, and no additional disclosures may be 15made. 16 (b) Disclosure by an insurer in accordance with the 17requirements of the Article XL of the Illinois Insurance Code 18shall be deemed compliance with this Section. 19(Source: P.A. 96-328, eff. 8-11-09.) 20 Section 958. The Vital Records Act is amended by changing 21Sections 12 and 24 as follows: 22 (410 ILCS 535/12) 23 Sec. 12. Live births; place of registration. 24 (1) Each live birth which occurs in this State shall be HB6191- 130 -LRB097 13524 JLS 69734 b 1registered with the local or subregistrar of the district in 2which the birth occurred as provided in this Section, within 7 3days after the birth. When a birth occurs on a moving 4conveyance, the city, village, township, or road district in 5which the child is first removed from the conveyance shall be 6considered the place of birth and a birth certificate shall be 7filed in the registration district in which the place is 8located. 9 (2) When a birth occurs in an institution, the person in 10charge of the institution or his designated representative 11shall obtain and record all the personal and statistical 12particulars relative to the parents of the child that are 13required to properly complete the live birth certificate; shall 14secure the required personal signatures on the hospital 15worksheet; shall prepare the certificate from this worksheet; 16and shall file the certificate with the local registrar. The 17institution shall retain the hospital worksheet permanently or 18as otherwise specified by rule. The physician in attendance 19shall verify or provide the date of birth and medical 20information required by the certificate, within 24 hours after 21the birth occurs. 22 (3) When a birth occurs outside an institution, the 23certificate shall be prepared and filed by one of the following 24in the indicated order of priority: 25 (a) The physician in attendance at or immediately after 26 the birth, or in the absence of such a person, HB6191- 131 -LRB097 13524 JLS 69734 b 1 (b) Any other person in attendance at or immediately 2 after the birth, or in the absence of such a person, 3 (c) The father, the mother, or in the absence of the 4 father and the inability of the mother, the person in 5 charge of the premises where the birth occurred. 6 (4) Unless otherwise provided in this Act, if the mother 7was not married to the father of the child at either the time 8of conception or the time of birth, the name of the father 9shall be entered on the child's birth certificate only if the 10mother and the person to be named as the father have signed an 11acknowledgment of parentage in accordance with subsection (5). 12 Unless otherwise provided in this Act, if the mother was 13married at the time of conception or birth and the presumed 14father (that is, the mother's husband) is not the biological 15father of the child, the name of the biological father shall be 16entered on the child's birth certificate only if, in accordance 17with subsection (5), (i) the mother and the person to be named 18as the father have signed an acknowledgment of parentage and 19(ii) the mother and presumed father have signed a denial of 20paternity. 21 (5) Upon the birth of a child to an unmarried woman, or 22upon the birth of a child to a woman who was married at the time 23of conception or birth and whose husband is not the biological 24father of the child, the institution at the time of birth and 25the local registrar or county clerk after the birth shall do 26the following: HB6191- 132 -LRB097 13524 JLS 69734 b 1 (a) Provide (i) an opportunity for the child's mother 2 and father to sign an acknowledgment of parentage and (ii) 3 if the presumed father is not the biological father, an 4 opportunity for the mother and presumed father to sign a 5 denial of paternity. The signing and witnessing of the 6 acknowledgment of parentage or, if the presumed father of 7 the child is not the biological father, the acknowledgment 8 of parentage and denial of paternity conclusively 9 establishes a parent and child relationship in accordance 10 with Sections 5 and 6 of the Illinois Parentage Act of 1984 11 and with the Illinois Parentage Act of 2012 on and after 12 the effective date of that Act. 13 The Department of Healthcare and Family Services shall 14 furnish the acknowledgment of parentage and denial of 15 paternity form to institutions, county clerks, and State 16 and local registrars' offices. The form shall include 17 instructions to send the original signed and witnessed 18 acknowledgment of parentage and denial of paternity to the 19 Department of Healthcare and Family Services. The 20 acknowledgement of paternity and denial of paternity form 21 shall also include a statement informing the mother, the 22 alleged father, and the presumed father, if any, that they 23 have the right to request deoxyribonucleic acid (DNA) tests 24 regarding the issue of the child's paternity and that by 25 signing the form, they expressly waive such tests. The 26 statement shall be set forth in bold-face capital letters HB6191- 133 -LRB097 13524 JLS 69734 b 1 not less than 0.25 inches in height. 2 (b) Provide the following documents, furnished by the 3 Department of Healthcare and Family Services, to the 4 child's mother, biological father, and (if the person 5 presumed to be the child's father is not the biological 6 father) presumed father for their review at the time the 7 opportunity is provided to establish a parent and child 8 relationship: 9 (i) An explanation of the implications of, 10 alternatives to, legal consequences of, and the rights 11 and responsibilities that arise from signing an 12 acknowledgment of parentage and, if necessary, a 13 denial of paternity, including an explanation of the 14 parental rights and responsibilities of child support, 15 visitation, custody, retroactive support, health 16 insurance coverage, and payment of birth expenses. 17 (ii) An explanation of the benefits of having a 18 child's parentage established and the availability of 19 parentage establishment and child support enforcement 20 services. 21 (iii) A request for an application for child 22 support enforcement services from the Department of 23 Healthcare and Family Services. 24 (iv) Instructions concerning the opportunity to 25 speak, either by telephone or in person, with staff of 26 the Department of Healthcare and Family Services who HB6191- 134 -LRB097 13524 JLS 69734 b 1 are trained to clarify information and answer 2 questions about paternity establishment. 3 (v) Instructions for completing and signing the 4 acknowledgment of parentage and denial of paternity. 5 (c) Provide an oral explanation of the documents and 6 instructions set forth in subdivision (5)(b), including an 7 explanation of the implications of, alternatives to, legal 8 consequences of, and the rights and responsibilities that 9 arise from signing an acknowledgment of parentage and, if 10 necessary, a denial of paternity. The oral explanation may 11 be given in person or through the use of video or audio 12 equipment. 13 (6) The institution, State or local registrar, or county 14clerk shall provide an opportunity for the child's father or 15mother to sign a rescission of parentage. The signing and 16witnessing of the rescission of parentage voids the 17acknowledgment of parentage and nullifies the presumption of 18paternity if executed and filed with the Department of 19Healthcare and Family Services (formerly Illinois Department 20of Public Aid) within the time frame contained in Section 5 of 21the Illinois Parentage Act of 1984 or Section 307 of the 22Illinois Parentage Act of 2012 on and after the effective date 23of that Act. The Department of Healthcare and Family Services 24shall furnish the rescission of parentage form to institutions, 25county clerks, and State and local registrars' offices. The 26form shall include instructions to send the original signed and HB6191- 135 -LRB097 13524 JLS 69734 b 1witnessed rescission of parentage to the Department of 2Healthcare and Family Services. 3 (7) An acknowledgment of paternity signed pursuant to 4Section 6 of the Illinois Parentage Act of 1984 or Section 302 5of the Illinois Parentage Act of 2012 on and after the 6effective date of that Act may be challenged in court only on 7the basis of fraud, duress, or material mistake of fact, with 8the burden of proof upon the challenging party. Pending outcome 9of a challenge to the acknowledgment of paternity, the legal 10responsibilities of the signatories shall remain in full force 11and effect, except upon order of the court upon a showing of 12good cause. 13 (8) When the process for acknowledgment of parentage as 14provided for under subsection (5) establishes the paternity of 15a child whose certificate of birth is on file in another state, 16the Department of Healthcare and Family Services shall forward 17a copy of the acknowledgment of parentage, the denial of 18paternity, if applicable, and the rescission of parentage, if 19applicable, to the birth record agency of the state where the 20child's certificate of birth is on file. 21 (9) In the event the parent-child relationship has been 22established in accordance with subdivision (a)(1) of Section 6 23of the Parentage Act of 1984, the names of the biological 24mother and biological father so established shall be entered on 25the child's birth certificate, and the names of the surrogate 26mother and surrogate mother's husband, if any, shall not be on HB6191- 136 -LRB097 13524 JLS 69734 b 1the birth certificate. 2(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09; 396-474, eff. 8-14-09; 96-1000, eff. 7-2-10.) 4 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24) 5 Sec. 24. (1) To protect the integrity of vital records, to 6insure their proper use, and to insure the efficient and proper 7administration of the vital records system, access to vital 8records, and indexes thereof, including vital records in the 9custody of local registrars and county clerks originating prior 10to January 1, 1916, is limited to the custodian and his 11employees, and then only for administrative purposes, except 12that the indexes of those records in the custody of local 13registrars and county clerks, originating prior to January 1, 141916, shall be made available to persons for the purpose of 15genealogical research. Original, photographic or 16microphotographic reproductions of original records of births 17100 years old and older and deaths 50 years old and older, and 18marriage records 75 years old and older on file in the State 19Office of Vital Records and in the custody of the county clerks 20may be made available for inspection in the Illinois State 21Archives reference area, Illinois Regional Archives 22Depositories, and other libraries approved by the Illinois 23State Registrar and the Director of the Illinois State 24Archives, provided that the photographic or microphotographic 25copies are made at no cost to the county or to the State of HB6191- 137 -LRB097 13524 JLS 69734 b 1Illinois. It is unlawful for any custodian to permit inspection 2of, or to disclose information contained in, vital records, or 3to copy or permit to be copied, all or part of any such record 4except as authorized by this Act or regulations adopted 5pursuant thereto. 6 (2) The State Registrar of Vital Records, or his agent, and 7any municipal, county, multi-county, public health district, 8or regional health officer recognized by the Department may 9examine vital records for the purpose only of carrying out the 10public health programs and responsibilities under his 11jurisdiction. 12 (3) The State Registrar of Vital Records, may disclose, or 13authorize the disclosure of, data contained in the vital 14records when deemed essential for bona fide research purposes 15which are not for private gain. 16 This amendatory Act of 1973 does not apply to any home rule 17unit. 18 (4) The State Registrar shall exchange with the Department 19of Healthcare and Family Services information that may be 20necessary for the establishment of paternity and the 21establishment, modification, and enforcement of child support 22orders entered pursuant to the Illinois Public Aid Code, the 23Illinois Marriage and Dissolution of Marriage Act, the 24Non-Support of Spouse and Children Act, the Non-Support 25Punishment Act, the Revised Uniform Reciprocal Enforcement of 26Support Act, the Uniform Interstate Family Support Act, or the HB6191- 138 -LRB097 13524 JLS 69734 b 1Illinois Parentage Act of 1984, or the Illinois Parentage Act 2of 2012. Notwithstanding any provisions in this Act to the 3contrary, the State Registrar shall not be liable to any person 4for any disclosure of information to the Department of 5Healthcare and Family Services (formerly Illinois Department 6of Public Aid) under this subsection or for any other action 7taken in good faith to comply with the requirements of this 8subsection. 9(Source: P.A. 95-331, eff. 8-21-07.) 10 Section 959. The Illinois Vehicle Code is amended by 11changing Sections 2-109.1 and 7-703 as follows: 12 (625 ILCS 5/2-109.1) 13 Sec. 2-109.1. Exchange of information. 14 (a) The Secretary of State shall exchange information with 15the Department of Healthcare and Family Services which may be 16necessary for the establishment of paternity and the 17establishment, modification, and enforcement of child support 18orders pursuant to the Illinois Public Aid Code, the Illinois 19Marriage and Dissolution of Marriage Act, the Non-Support of 20Spouse and Children Act, the Non-Support Punishment Act, the 21Revised Uniform Reciprocal Enforcement of Support Act, the 22Uniform Interstate Family Support Act, or the Illinois 23Parentage Act of 1984, or the Illinois Parentage Act of 2012. 24 (b) Notwithstanding any provisions in this Code to the HB6191- 139 -LRB097 13524 JLS 69734 b 1contrary, the Secretary of State shall not be liable to any 2person for any disclosure of information to the Department of 3Healthcare and Family Services (formerly Illinois Department 4of Public Aid) under subsection (a) or for any other action 5taken in good faith to comply with the requirements of 6subsection (a). 7(Source: P.A. 95-331, eff. 8-21-07.) 8 (625 ILCS 5/7-703) 9 Sec. 7-703. Courts to report non-payment of court ordered 10support. 11 (a) The clerk of the circuit court, as provided in 12subsection (b) of Section 505 of the Illinois Marriage and 13Dissolution of Marriage Act or as provided in Section 805 15 of 14the Illinois Parentage Act of 2012 1984, shall forward to the 15Secretary of State, on a form prescribed by the Secretary, an 16authenticated document certifying the court's order suspending 17the driving privileges of the obligor. For any such 18certification, the clerk of the court shall charge the obligor 19a fee of $5 as provided in the Clerks of Courts Act. 20 (b) If an obligor has been adjudicated in arrears in court 21ordered child support payments in an amount equal to 90 days 22obligation or more but has not been held in contempt of court, 23the circuit court may order that the obligor's driving 24privileges be suspended. If the circuit court orders that the 25obligor's driving privileges be suspended, it shall forward to HB6191- 140 -LRB097 13524 JLS 69734 b 1the Secretary of State, on a form prescribed by the Secretary, 2an authenticated document certifying the court's order 3suspending the driving privileges of the obligor. The 4authenticated document shall be forwarded to the Secretary of 5State by the court no later than 45 days after entry of the 6order suspending the obligor's driving privileges. 7(Source: P.A. 91-613, eff. 7-1-00.) 8 Section 960. The Clerks of Courts Act is amended by 9changing Section 27.1a as follows: 10 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) 11 Sec. 27.1a. The fees of the clerks of the circuit court in 12all counties having a population of not more than 500,000 13inhabitants in the instances described in this Section shall be 14as provided in this Section. In those instances where a minimum 15and maximum fee is stated, the clerk of the circuit court must 16charge the minimum fee listed and may charge up to the maximum 17fee if the county board has by resolution increased the fee. 18The fees shall be paid in advance and shall be as follows: 19(a) Civil Cases. 20 The fee for filing a complaint, petition, or other 21 pleading initiating a civil action, with the following 22 exceptions, shall be a minimum of $40 and a maximum of 23 $160. 24 (A) When the amount of money or damages or the HB6191- 141 -LRB097 13524 JLS 69734 b 1 value of personal property claimed does not exceed 2 $250, $10. 3 (B) When that amount exceeds $250 but does not 4 exceed $500, a minimum of $10 and a maximum of $20. 5 (C) When that amount exceeds $500 but does not 6 exceed $2500, a minimum of $25 and a maximum of $40. 7 (D) When that amount exceeds $2500 but does not 8 exceed $15,000, a minimum of $25 and a maximum of $75. 9 (E) For the exercise of eminent domain, a minimum 10 of $45 and a maximum of $150. For each additional lot 11 or tract of land or right or interest therein subject 12 to be condemned, the damages in respect to which shall 13 require separate assessment by a jury, a minimum of $45 14 and a maximum of $150. 15(a-1) Family. 16 For filing a petition under the Juvenile Court Act of 17 1987, $25. 18 For filing a petition for a marriage license, $10. 19 For performing a marriage in court, $10. 20 For filing a petition under the Illinois Parentage Act 21 of 2012 1984, $40. 22(b) Forcible Entry and Detainer. 23 In each forcible entry and detainer case when the 24 plaintiff seeks possession only or unites with his or her 25 claim for possession of the property a claim for rent or 26 damages or both in the amount of $15,000 or less, a minimum HB6191- 142 -LRB097 13524 JLS 69734 b 1 of $10 and a maximum of $50. When the plaintiff unites his 2 or her claim for possession with a claim for rent or 3 damages or both exceeding $15,000, a minimum of $40 and a 4 maximum of $160. 5(c) Counterclaim or Joining Third Party Defendant. 6 When any defendant files a counterclaim as part of his 7 or her answer or otherwise or joins another party as a 8 third party defendant, or both, the defendant shall pay a 9 fee for each counterclaim or third party action in an 10 amount equal to the fee he or she would have had to pay had 11 he or she brought a separate action for the relief sought 12 in the counterclaim or against the third party defendant, 13 less the amount of the appearance fee, if that has been 14 paid. 15(d) Confession of Judgment. 16 In a confession of judgment when the amount does not 17 exceed $1500, a minimum of $20 and a maximum of $50. When 18 the amount exceeds $1500, but does not exceed $15,000, a 19 minimum of $40 and a maximum of $115. When the amount 20 exceeds $15,000, a minimum of $40 and a maximum of $200. 21(e) Appearance. 22 The fee for filing an appearance in each civil case 23 shall be a minimum of $15 and a maximum of $60, except as 24 follows: 25 (A) When the plaintiff in a forcible entry and 26 detainer case seeks possession only, a minimum of $10 HB6191- 143 -LRB097 13524 JLS 69734 b 1 and a maximum of $50. 2 (B) When the amount in the case does not exceed 3 $1500, a minimum of $10 and a maximum of $30. 4 (C) When that amount exceeds $1500 but does not 5 exceed $15,000, a minimum of $15 and a maximum of $60. 6(f) Garnishment, Wage Deduction, and Citation. 7 In garnishment affidavit, wage deduction affidavit, 8 and citation petition when the amount does not exceed 9 $1,000, a minimum of $5 and a maximum of $15; when the 10 amount exceeds $1,000 but does not exceed $5,000, a minimum 11 of $5 and a maximum of $30; and when the amount exceeds 12 $5,000, a minimum of $5 and a maximum of $50. 13(g) Petition to Vacate or Modify. 14 (1) Petition to vacate or modify any final judgment or 15 order of court, except in forcible entry and detainer cases 16 and small claims cases or a petition to reopen an estate, 17 to modify, terminate, or enforce a judgment or order for 18 child or spousal support, or to modify, suspend, or 19 terminate an order for withholding, if filed before 30 days 20 after the entry of the judgment or order, a minimum of $20 21 and a maximum of $50. 22 (2) Petition to vacate or modify any final judgment or 23 order of court, except a petition to modify, terminate, or 24 enforce a judgment or order for child or spousal support or 25 to modify, suspend, or terminate an order for withholding, 26 if filed later than 30 days after the entry of the judgment HB6191- 144 -LRB097 13524 JLS 69734 b 1 or order, a minimum of $20 and a maximum of $75. 2 (3) Petition to vacate order of bond forfeiture, a 3 minimum of $10 and a maximum of $40. 4(h) Mailing. 5 When the clerk is required to mail, the fee will be a 6 minimum of $2 and a maximum of $10, plus the cost of 7 postage. 8(i) Certified Copies. 9 Each certified copy of a judgment after the first, 10 except in small claims and forcible entry and detainer 11 cases, a minimum of $2 and a maximum of $10. 12(j) Habeas Corpus. 13 For filing a petition for relief by habeas corpus, a 14 minimum of $60 and a maximum of $100. 15(k) Certification, Authentication, and Reproduction. 16 (1) Each certification or authentication for taking 17 the acknowledgment of a deed or other instrument in writing 18 with the seal of office, a minimum of $2 and a maximum of 19 $6. 20 (2) Court appeals when original documents are 21 forwarded, under 100 pages, plus delivery and costs, a 22 minimum of $20 and a maximum of $60. 23 (3) Court appeals when original documents are 24 forwarded, over 100 pages, plus delivery and costs, a 25 minimum of $50 and a maximum of $150. 26 (4) Court appeals when original documents are HB6191- 145 -LRB097 13524 JLS 69734 b 1 forwarded, over 200 pages, an additional fee of a minimum 2 of 20 cents and a maximum of 25 cents per page. 3 (5) For reproduction of any document contained in the 4 clerk's files: 5 (A) First page, a minimum of $1 and a maximum of 6 $2. 7 (B) Next 19 pages, 50 cents per page. 8 (C) All remaining pages, 25 cents per page. 9(l) Remands. 10 In any cases remanded to the Circuit Court from the 11 Supreme Court or the Appellate Court for a new trial, the 12 clerk shall file the remanding order and reinstate the case 13 with either its original number or a new number. The Clerk 14 shall not charge any new or additional fee for the 15 reinstatement. Upon reinstatement the Clerk shall advise 16 the parties of the reinstatement. A party shall have the 17 same right to a jury trial on remand and reinstatement as 18 he or she had before the appeal, and no additional or new 19 fee or charge shall be made for a jury trial after remand. 20(m) Record Search. 21 For each record search, within a division or municipal 22 district, the clerk shall be entitled to a search fee of a 23 minimum of $4 and a maximum of $6 for each year searched. 24(n) Hard Copy. 25 For each page of hard copy print output, when case 26 records are maintained on an automated medium, the clerk HB6191- 146 -LRB097 13524 JLS 69734 b 1 shall be entitled to a fee of a minimum of $4 and a maximum 2 of $6. 3(o) Index Inquiry and Other Records. 4 No fee shall be charged for a single 5 plaintiff/defendant index inquiry or single case record 6 inquiry when this request is made in person and the records 7 are maintained in a current automated medium, and when no 8 hard copy print output is requested. The fees to be charged 9 for management records, multiple case records, and 10 multiple journal records may be specified by the Chief 11 Judge pursuant to the guidelines for access and 12 dissemination of information approved by the Supreme 13 Court. 14(p) (Blank). 15(q) Alias Summons. 16 For each alias summons or citation issued by the clerk, 17 a minimum of $2 and a maximum of $5. 18(r) Other Fees. 19 Any fees not covered in this Section shall be set by 20 rule or administrative order of the Circuit Court with the 21 approval of the Administrative Office of the Illinois 22 Courts. 23 The clerk of the circuit court may provide additional 24 services for which there is no fee specified by statute in 25 connection with the operation of the clerk's office as may 26 be requested by the public and agreed to by the clerk and HB6191- 147 -LRB097 13524 JLS 69734 b 1 approved by the chief judge of the circuit court. Any 2 charges for additional services shall be as agreed to 3 between the clerk and the party making the request and 4 approved by the chief judge of the circuit court. Nothing 5 in this subsection shall be construed to require any clerk 6 to provide any service not otherwise required by law. 7(s) Jury Services. 8 The clerk shall be entitled to receive, in addition to 9 other fees allowed by law, the sum of a minimum of $62.50 10 and a maximum of $212.50, as a fee for the services of a 11 jury in every civil action not quasi-criminal in its nature 12 and not a proceeding for the exercise of the right of 13 eminent domain and in every other action wherein the right 14 of trial by jury is or may be given by law. The jury fee 15 shall be paid by the party demanding a jury at the time of 16 filing the jury demand. If the fee is not paid by either 17 party, no jury shall be called in the action or proceeding, 18 and the same shall be tried by the court without a jury. 19(t) Voluntary Assignment. 20 For filing each deed of voluntary assignment, a minimum 21 of $10 and a maximum of $20; for recording the same, a 22 minimum of 25 cents and a maximum of 50 cents for each 100 23 words. Exceptions filed to claims presented to an assignee 24 of a debtor who has made a voluntary assignment for the 25 benefit of creditors shall be considered and treated, for 26 the purpose of taxing costs therein, as actions in which HB6191- 148 -LRB097 13524 JLS 69734 b 1 the party or parties filing the exceptions shall be 2 considered as party or parties plaintiff, and the claimant 3 or claimants as party or parties defendant, and those 4 parties respectively shall pay to the clerk the same fees 5 as provided by this Section to be paid in other actions. 6(u) Expungement Petition. 7 The clerk shall be entitled to receive a fee of a 8 minimum of $15 and a maximum of $60 for each expungement 9 petition filed and an additional fee of a minimum of $2 and 10 a maximum of $4 for each certified copy of an order to 11 expunge arrest records. 12(v) Probate. 13 The clerk is entitled to receive the fees specified in 14 this subsection (v), which shall be paid in advance, except 15 that, for good cause shown, the court may suspend, reduce, 16 or release the costs payable under this subsection: 17 (1) For administration of the estate of a decedent 18 (whether testate or intestate) or of a missing person, a 19 minimum of $50 and a maximum of $150, plus the fees 20 specified in subsection (v)(3), except: 21 (A) When the value of the real and personal 22 property does not exceed $15,000, the fee shall be a 23 minimum of $25 and a maximum of $40. 24 (B) When (i) proof of heirship alone is made, (ii) 25 a domestic or foreign will is admitted to probate 26 without administration (including proof of heirship), HB6191- 149 -LRB097 13524 JLS 69734 b 1 or (iii) letters of office are issued for a particular 2 purpose without administration of the estate, the fee 3 shall be a minimum of $10 and a maximum of $40. 4 (C) For filing a petition to sell Real Estate, $50. 5 (2) For administration of the estate of a ward, a 6 minimum of $50 and a maximum of $75, plus the fees 7 specified in subsection (v)(3), except: 8 (A) When the value of the real and personal 9 property does not exceed $15,000, the fee shall be a 10 minimum of $25 and a maximum of $40. 11 (B) When (i) letters of office are issued to a 12 guardian of the person or persons, but not of the 13 estate or (ii) letters of office are issued in the 14 estate of a ward without administration of the estate, 15 including filing or joining in the filing of a tax 16 return or releasing a mortgage or consenting to the 17 marriage of the ward, the fee shall be a minimum of $10 18 and a maximum of $20. 19 (C) For filing a Petition to sell Real Estate, $50. 20 (3) In addition to the fees payable under subsection 21 (v)(1) or (v)(2) of this Section, the following fees are 22 payable: 23 (A) For each account (other than one final account) 24 filed in the estate of a decedent, or ward, a minimum 25 of $10 and a maximum of $25. 26 (B) For filing a claim in an estate when the amount HB6191- 150 -LRB097 13524 JLS 69734 b 1 claimed is $150 or more but less than $500, a minimum 2 of $10 and a maximum of $25; when the amount claimed is 3 $500 or more but less than $10,000, a minimum of $10 4 and a maximum of $40; when the amount claimed is 5 $10,000 or more, a minimum of $10 and a maximum of $60; 6 provided that the court in allowing a claim may add to 7 the amount allowed the filing fee paid by the claimant. 8 (C) For filing in an estate a claim, petition, or 9 supplemental proceeding based upon an action seeking 10 equitable relief including the construction or contest 11 of a will, enforcement of a contract to make a will, 12 and proceedings involving testamentary trusts or the 13 appointment of testamentary trustees, a minimum of $40 14 and a maximum of $60. 15 (D) For filing in an estate (i) the appearance of 16 any person for the purpose of consent or (ii) the 17 appearance of an executor, administrator, 18 administrator to collect, guardian, guardian ad litem, 19 or special administrator, no fee. 20 (E) Except as provided in subsection (v)(3)(D), 21 for filing the appearance of any person or persons, a 22 minimum of $10 and a maximum of $30. 23 (F) For each jury demand, a minimum of $62.50 and a 24 maximum of $137.50. 25 (G) For disposition of the collection of a judgment 26 or settlement of an action or claim for wrongful death HB6191- 151 -LRB097 13524 JLS 69734 b 1 of a decedent or of any cause of action of a ward, when 2 there is no other administration of the estate, a 3 minimum of $30 and a maximum of $50, less any amount 4 paid under subsection (v)(1)(B) or (v)(2)(B) except 5 that if the amount involved does not exceed $5,000, the 6 fee, including any amount paid under subsection 7 (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a 8 maximum of $20. 9 (H) For each certified copy of letters of office, 10 of court order or other certification, a minimum of $1 11 and a maximum of $2, plus a minimum of 50 cents and a 12 maximum of $1 per page in excess of 3 pages for the 13 document certified. 14 (I) For each exemplification, a minimum of $1 and a 15 maximum of $2, plus the fee for certification. 16 (4) The executor, administrator, guardian, petitioner, 17 or other interested person or his or her attorney shall pay 18 the cost of publication by the clerk directly to the 19 newspaper. 20 (5) The person on whose behalf a charge is incurred for 21 witness, court reporter, appraiser, or other miscellaneous 22 fee shall pay the same directly to the person entitled 23 thereto. 24 (6) The executor, administrator, guardian, petitioner, 25 or other interested person or his or her attorney shall pay 26 to the clerk all postage charges incurred by the clerk in HB6191- 152 -LRB097 13524 JLS 69734 b 1 mailing petitions, orders, notices, or other documents 2 pursuant to the provisions of the Probate Act of 1975. 3(w) Criminal and Quasi-Criminal Costs and Fees. 4 (1) The clerk shall be entitled to costs in all 5 criminal and quasi-criminal cases from each person 6 convicted or sentenced to supervision therein as follows: 7 (A) Felony complaints, a minimum of $40 and a 8 maximum of $100. 9 (B) Misdemeanor complaints, a minimum of $25 and a 10 maximum of $75. 11 (C) Business offense complaints, a minimum of $25 12 and a maximum of $75. 13 (D) Petty offense complaints, a minimum of $25 and 14 a maximum of $75. 15 (E) Minor traffic or ordinance violations, $10. 16 (F) When court appearance required, $15. 17 (G) Motions to vacate or amend final orders, a 18 minimum of $20 and a maximum of $40. 19 (H) Motions to vacate bond forfeiture orders, a 20 minimum of $20 and a maximum of $40. 21 (I) Motions to vacate ex parte judgments, whenever 22 filed, a minimum of $20 and a maximum of $40. 23 (J) Motions to vacate judgment on forfeitures, 24 whenever filed, a minimum of $20 and a maximum of $40. 25 (K) Motions to vacate "failure to appear" or 26 "failure to comply" notices sent to the Secretary of HB6191- 153 -LRB097 13524 JLS 69734 b 1 State, a minimum of $20 and a maximum of $40. 2 (2) In counties having a population of not more than 3 500,000 inhabitants, when the violation complaint is 4 issued by a municipal police department, the clerk shall be 5 entitled to costs from each person convicted therein as 6 follows: 7 (A) Minor traffic or ordinance violations, $10. 8 (B) When court appearance required, $15. 9 (3) In ordinance violation cases punishable by fine 10 only, the clerk of the circuit court shall be entitled to 11 receive, unless the fee is excused upon a finding by the 12 court that the defendant is indigent, in addition to other 13 fees or costs allowed or imposed by law, the sum of a 14 minimum of $62.50 and a maximum of $137.50 as a fee for the 15 services of a jury. The jury fee shall be paid by the 16 defendant at the time of filing his or her jury demand. If 17 the fee is not so paid by the defendant, no jury shall be 18 called, and the case shall be tried by the court without a 19 jury. 20(x) Transcripts of Judgment. 21 For the filing of a transcript of judgment, the clerk 22 shall be entitled to the same fee as if it were the 23 commencement of a new suit. 24(y) Change of Venue. 25 (1) For the filing of a change of case on a change of 26 venue, the clerk shall be entitled to the same fee as if it HB6191- 154 -LRB097 13524 JLS 69734 b 1 were the commencement of a new suit. 2 (2) The fee for the preparation and certification of a 3 record on a change of venue to another jurisdiction, when 4 original documents are forwarded, a minimum of $10 and a 5 maximum of $40. 6(z) Tax objection complaints. 7 For each tax objection complaint containing one or more 8 tax objections, regardless of the number of parcels 9 involved or the number of taxpayers joining on the 10 complaint, a minimum of $10 and a maximum of $50. 11(aa) Tax Deeds. 12 (1) Petition for tax deed, if only one parcel is 13 involved, a minimum of $45 and a maximum of $200. 14 (2) For each additional parcel, add a fee of a minimum 15 of $10 and a maximum of $60. 16(bb) Collections. 17 (1) For all collections made of others, except the 18 State and county and except in maintenance or child support 19 cases, a sum equal to a minimum of 2% and a maximum of 2.5% 20 of the amount collected and turned over. 21 (2) Interest earned on any funds held by the clerk 22 shall be turned over to the county general fund as an 23 earning of the office. 24 (3) For any check, draft, or other bank instrument 25 returned to the clerk for non-sufficient funds, account 26 closed, or payment stopped, $25. HB6191- 155 -LRB097 13524 JLS 69734 b 1 (4) In child support and maintenance cases, the clerk, 2 if authorized by an ordinance of the county board, may 3 collect an annual fee of up to $36 from the person making 4 payment for maintaining child support records and the 5 processing of support orders to the State of Illinois KIDS 6 system and the recording of payments issued by the State 7 Disbursement Unit for the official record of the Court. 8 This fee shall be in addition to and separate from amounts 9 ordered to be paid as maintenance or child support and 10 shall be deposited into a Separate Maintenance and Child 11 Support Collection Fund, of which the clerk shall be the 12 custodian, ex-officio, to be used by the clerk to maintain 13 child support orders and record all payments issued by the 14 State Disbursement Unit for the official record of the 15 Court. The clerk may recover from the person making the 16 maintenance or child support payment any additional cost 17 incurred in the collection of this annual fee. 18 The clerk shall also be entitled to a fee of $5 for 19 certifications made to the Secretary of State as provided 20 in Section 7-703 of the Family Financial Responsibility Law 21 and these fees shall also be deposited into the Separate 22 Maintenance and Child Support Collection Fund. 23(cc) Corrections of Numbers. 24 For correction of the case number, case title, or 25 attorney computer identification number, if required by 26 rule of court, on any document filed in the clerk's office, HB6191- 156 -LRB097 13524 JLS 69734 b 1 to be charged against the party that filed the document, a 2 minimum of $10 and a maximum of $25. 3(dd) Exceptions. 4 (1) The fee requirements of this Section shall not 5 apply to police departments or other law enforcement 6 agencies. In this Section, "law enforcement agency" means 7 an agency of the State or a unit of local government which 8 is vested by law or ordinance with the duty to maintain 9 public order and to enforce criminal laws or ordinances. 10 "Law enforcement agency" also means the Attorney General or 11 any state's attorney. 12 (2) No fee provided herein shall be charged to any unit 13 of local government or school district. 14 (3) The fee requirements of this Section shall not 15 apply to any action instituted under subsection (b) of 16 Section 11-31-1 of the Illinois Municipal Code by a private 17 owner or tenant of real property within 1200 feet of a 18 dangerous or unsafe building seeking an order compelling 19 the owner or owners of the building to take any of the 20 actions authorized under that subsection. 21 (4) The fee requirements of this Section shall not 22 apply to the filing of any commitment petition or petition 23 for an order authorizing the administration of 24 psychotropic medication or electroconvulsive therapy under 25 the Mental Health and Developmental Disabilities Code. 26(ee) Adoptions. HB6191- 157 -LRB097 13524 JLS 69734 b 1 (1) For an adoption...............................$65 2 (2) Upon good cause shown, the court may waive the 3 adoption filing fee in a special needs adoption. The term 4 "special needs adoption" shall have the meaning ascribed to 5 it by the Illinois Department of Children and Family 6 Services. 7(ff) Adoption exemptions. 8 No fee other than that set forth in subsection (ee) 9 shall be charged to any person in connection with an 10 adoption proceeding nor may any fee be charged for 11 proceedings for the appointment of a confidential 12 intermediary under the Adoption Act. 13(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.) 14 Section 961. The Juvenile Court Act of 1987 is amended by 15changing Sections 1-3 and 6-9 as follows: 16 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3) 17 Sec. 1-3. Definitions. Terms used in this Act, unless the 18context otherwise requires, have the following meanings 19ascribed to them: 20 (1) "Adjudicatory hearing" means a hearing to determine 21whether the allegations of a petition under Section 2-13, 3-15 22or 4-12 that a minor under 18 years of age is abused, neglected 23or dependent, or requires authoritative intervention, or 24addicted, respectively, are supported by a preponderance of the HB6191- 158 -LRB097 13524 JLS 69734 b 1evidence or whether the allegations of a petition under Section 25-520 that a minor is delinquent are proved beyond a reasonable 3doubt. 4 (2) "Adult" means a person 21 years of age or older. 5 (3) "Agency" means a public or private child care facility 6legally authorized or licensed by this State for placement or 7institutional care or for both placement and institutional 8care. 9 (4) "Association" means any organization, public or 10private, engaged in welfare functions which include services to 11or on behalf of children but does not include "agency" as 12herein defined. 13 (4.05) Whenever a "best interest" determination is 14required, the following factors shall be considered in the 15context of the child's age and developmental needs: 16 (a) the physical safety and welfare of the child, 17 including food, shelter, health, and clothing; 18 (b) the development of the child's identity; 19 (c) the child's background and ties, including 20 familial, cultural, and religious; 21 (d) the child's sense of attachments, including: 22 (i) where the child actually feels love, 23 attachment, and a sense of being valued (as opposed to 24 where adults believe the child should feel such love, 25 attachment, and a sense of being valued); 26 (ii) the child's sense of security; HB6191- 159 -LRB097 13524 JLS 69734 b 1 (iii) the child's sense of familiarity; 2 (iv) continuity of affection for the child; 3 (v) the least disruptive placement alternative for 4 the child; 5 (e) the child's wishes and long-term goals; 6 (f) the child's community ties, including church, 7 school, and friends; 8 (g) the child's need for permanence which includes the 9 child's need for stability and continuity of relationships 10 with parent figures and with siblings and other relatives; 11 (h) the uniqueness of every family and child; 12 (i) the risks attendant to entering and being in 13 substitute care; and 14 (j) the preferences of the persons available to care 15 for the child. 16 (4.1) "Chronic truant" shall have the definition ascribed 17to it in Section 26-2a of the School Code. 18 (5) "Court" means the circuit court in a session or 19division assigned to hear proceedings under this Act. 20 (6) "Dispositional hearing" means a hearing to determine 21whether a minor should be adjudged to be a ward of the court, 22and to determine what order of disposition should be made in 23respect to a minor adjudged to be a ward of the court. 24 (7) "Emancipated minor" means any minor 16 years of age or 25over who has been completely or partially emancipated under the 26Emancipation of Minors Act or under this Act. HB6191- 160 -LRB097 13524 JLS 69734 b 1 (8) "Guardianship of the person" of a minor means the duty 2and authority to act in the best interests of the minor, 3subject to residual parental rights and responsibilities, to 4make important decisions in matters having a permanent effect 5on the life and development of the minor and to be concerned 6with his or her general welfare. It includes but is not 7necessarily limited to: 8 (a) the authority to consent to marriage, to enlistment 9 in the armed forces of the United States, or to a major 10 medical, psychiatric, and surgical treatment; to represent 11 the minor in legal actions; and to make other decisions of 12 substantial legal significance concerning the minor; 13 (b) the authority and duty of reasonable visitation, 14 except to the extent that these have been limited in the 15 best interests of the minor by court order; 16 (c) the rights and responsibilities of legal custody 17 except where legal custody has been vested in another 18 person or agency; and 19 (d) the power to consent to the adoption of the minor, 20 but only if expressly conferred on the guardian in 21 accordance with Section 2-29, 3-30, or 4-27. 22 (9) "Legal custody" means the relationship created by an 23order of court in the best interests of the minor which imposes 24on the custodian the responsibility of physical possession of a 25minor and the duty to protect, train and discipline him and to 26provide him with food, shelter, education and ordinary medical HB6191- 161 -LRB097 13524 JLS 69734 b 1care, except as these are limited by residual parental rights 2and responsibilities and the rights and responsibilities of the 3guardian of the person, if any. 4 (9.1) "Mentally capable adult relative" means a person 21 5years of age or older who is not suffering from a mental 6illness that prevents him or her from providing the care 7necessary to safeguard the physical safety and welfare of a 8minor who is left in that person's care by the parent or 9parents or other person responsible for the minor's welfare. 10 (10) "Minor" means a person under the age of 21 years 11subject to this Act. 12 (11) "Parent" means the father or mother of a child and 13includes any adoptive parent. It also includes a man (i) whose 14paternity is presumed or has been established under the law of 15this or another jurisdiction or (ii) who has registered with 16the Putative Father Registry in accordance with Section 12.1 of 17the Adoption Act and whose paternity has not been ruled out 18under the law of this or another jurisdiction. It does not 19include a parent whose rights in respect to the minor have been 20terminated in any manner provided by law. It does not include a 21person who has been or could be determined to be a parent under 22the Illinois Parentage Act of 1984 or the Illinois Parentage 23Act of 2012, or similar parentage law in any other state, if 24that person has been convicted of or pled nolo contendere to a 25crime that resulted in the conception of the child under 26Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, HB6191- 162 -LRB097 13524 JLS 69734 b 112-14.1, subsection (a) or (b) (but not subsection (c)) of 2Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or 3(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the 4Criminal Code of 1961 or similar statute in another 5jurisdiction unless upon motion of any party, other than the 6offender, to the juvenile court proceedings the court finds it 7is in the child's best interest to deem the offender a parent 8for purposes of the juvenile court proceedings. 9 (11.1) "Permanency goal" means a goal set by the court as 10defined in subdivision (2) of Section 2-28. 11 (11.2) "Permanency hearing" means a hearing to set the 12permanency goal and to review and determine (i) the 13appropriateness of the services contained in the plan and 14whether those services have been provided, (ii) whether 15reasonable efforts have been made by all the parties to the 16service plan to achieve the goal, and (iii) whether the plan 17and goal have been achieved. 18 (12) "Petition" means the petition provided for in Section 192-13, 3-15, 4-12 or 5-520, including any supplemental petitions 20thereunder in Section 3-15, 4-12 or 5-520. 21 (12.1) "Physically capable adult relative" means a person 2221 years of age or older who does not have a severe physical 23disability or medical condition, or is not suffering from 24alcoholism or drug addiction, that prevents him or her from 25providing the care necessary to safeguard the physical safety 26and welfare of a minor who is left in that person's care by the HB6191- 163 -LRB097 13524 JLS 69734 b 1parent or parents or other person responsible for the minor's 2welfare. 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 (15) "Station adjustment" means the informal handling of an 16alleged offender by a juvenile police officer. 17 (16) "Ward of the court" means a minor who is so adjudged 18under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the 19requisite jurisdictional facts, and thus is subject to the 20dispositional powers of the court under this Act. 21 (17) "Juvenile police officer" means a sworn police officer 22who has completed a Basic Recruit Training Course, has been 23assigned to the position of juvenile police officer by his or 24her chief law enforcement officer and has completed the 25necessary juvenile officers training as prescribed by the 26Illinois Law Enforcement Training Standards Board, or in the HB6191- 164 -LRB097 13524 JLS 69734 b 1case of a State police officer, juvenile officer training 2approved by the Director of the Department of State Police. 3 (18) "Secure child care facility" means any child care 4facility licensed by the Department of Children and Family 5Services to provide secure living arrangements for children 6under 18 years of age who are subject to placement in 7facilities under the Children and Family Services Act and who 8are not subject to placement in facilities for whom standards 9are established by the Department of Corrections under Section 103-15-2 of the Unified Code of Corrections. "Secure child care 11facility" also means a facility that is designed and operated 12to ensure that all entrances and exits from the facility, a 13building, or a distinct part of the building are under the 14exclusive control of the staff of the facility, whether or not 15the child has the freedom of movement within the perimeter of 16the facility, building, or distinct part of the building. 17(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11.) 18 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9) 19 Sec. 6-9. Enforcement of liability of parents and others. 20 (1) If parentage is at issue in any proceeding under this 21Act, other than cases involving those exceptions to the 22definition of parent set out in item (11) in Section 1-3, then 23the Illinois Parentage Act of 2012 1984 shall apply and the 24court shall enter orders consistent with that Act. If it 25appears at any hearing that a parent or any other person named HB6191- 165 -LRB097 13524 JLS 69734 b 1in the petition, liable under the law for the support of the 2minor, is able to contribute to his or her support, the court 3shall enter an order requiring that parent or other person to 4pay the clerk of the court, or to the guardian or custodian 5appointed under Sections 2-27, 3-28, 4-25 or 5-740, a 6reasonable sum from time to time for the care, support and 7necessary special care or treatment, of the minor. If the court 8determines at any hearing that a parent or any other person 9named in the petition, liable under the law for the support of 10the minor, is able to contribute to help defray the costs 11associated with the minor's detention in a county or regional 12detention center, the court shall enter an order requiring that 13parent or other person to pay the clerk of the court a 14reasonable sum for the care and support of the minor. The court 15may require reasonable security for the payments. Upon failure 16to pay, the court may enforce obedience to the order by a 17proceeding as for contempt of court. 18 If it appears that the person liable for the support of the 19minor is able to contribute to legal fees for representation of 20the minor, the court shall enter an order requiring that person 21to pay a reasonable sum for the representation, to the attorney 22providing the representation or to the clerk of the court for 23deposit in the appropriate account or fund. The sum may be paid 24as the court directs, and the payment thereof secured and 25enforced as provided in this Section for support. 26 If it appears at the detention or shelter care hearing of a HB6191- 166 -LRB097 13524 JLS 69734 b 1minor before the court under Section 5-501 that a parent or any 2other person liable for support of the minor is able to 3contribute to his or her support, that parent or other person 4shall be required to pay a fee for room and board at a rate not 5to exceed $10 per day established, with the concurrence of the 6chief judge of the judicial circuit, by the county board of the 7county in which the minor is detained unless the court 8determines that it is in the best interest and welfare of the 9minor to waive the fee. The concurrence of the chief judge 10shall be in the form of an administrative order. Each week, on 11a day designated by the clerk of the circuit court, that parent 12or other person shall pay the clerk for the minor's room and 13board. All fees for room and board collected by the circuit 14court clerk shall be disbursed into the separate county fund 15under Section 6-7. 16 Upon application, the court shall waive liability for 17support or legal fees under this Section if the parent or other 18person establishes that he or she is indigent and unable to pay 19the incurred liability, and the court may reduce or waive 20liability if the parent or other person establishes 21circumstances showing that full payment of support or legal 22fees would result in financial hardship to the person or his or 23her family. 24 (2) When a person so ordered to pay for the care and 25support of a minor is employed for wages, salary or commission, 26the court may order him to make the support payments for which HB6191- 167 -LRB097 13524 JLS 69734 b 1he is liable under this Act out of his wages, salary or 2commission and to assign so much thereof as will pay the 3support. The court may also order him to make discovery to the 4court as to his place of employment and the amounts earned by 5him. Upon his failure to obey the orders of court he may be 6punished as for contempt of court. 7 (3) If the minor is a recipient of public aid under the 8Illinois Public Aid Code, the court shall order that payments 9made by a parent or through assignment of his wages, salary or 10commission be made directly to (a) the Department of Healthcare 11and Family Services if the minor is a recipient of aid under 12Article V of the Code, (b) the Department of Human Services if 13the minor is a recipient of aid under Article IV of the Code, 14or (c) the local governmental unit responsible for the support 15of the minor if he is a recipient under Articles VI or VII of 16the Code. The order shall permit the Department of Healthcare 17and Family Services, the Department of Human Services, or the 18local governmental unit, as the case may be, to direct that 19subsequent payments be made directly to the guardian or 20custodian of the minor, or to some other person or agency in 21the minor's behalf, upon removal of the minor from the public 22aid rolls; and upon such direction and removal of the minor 23from the public aid rolls, the Department of Healthcare and 24Family Services, Department of Human Services, or local 25governmental unit, as the case requires, shall give written 26notice of such action to the court. Payments received by the HB6191- 168 -LRB097 13524 JLS 69734 b 1Department of Healthcare and Family Services, Department of 2Human Services, or local governmental unit are to be covered, 3respectively, into the General Revenue Fund of the State 4Treasury or General Assistance Fund of the governmental unit, 5as provided in Section 10-19 of the Illinois Public Aid Code. 6(Source: P.A. 97-568, eff. 8-25-11.) 7 Section 962. The Code of Criminal Procedure of 1963 is 8amended by changing Section 112A-14 as follows: 9 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14) 10 Sec. 112A-14. Order of protection; remedies. 11 (a) Issuance of order. If the court finds that petitioner 12has been abused by a family or household member, as defined in 13this Article, an order of protection prohibiting such abuse 14shall issue; provided that petitioner must also satisfy the 15requirements of one of the following Sections, as appropriate: 16Section 112A-17 on emergency orders, Section 112A-18 on interim 17orders, or Section 112A-19 on plenary orders. Petitioner shall 18not be denied an order of protection because petitioner or 19respondent is a minor. The court, when determining whether or 20not to issue an order of protection, shall not require physical 21manifestations of abuse on the person of the victim. 22Modification and extension of prior orders of protection shall 23be in accordance with this Article. 24 (b) Remedies and standards. The remedies to be included in HB6191- 169 -LRB097 13524 JLS 69734 b 1an order of protection shall be determined in accordance with 2this Section and one of the following Sections, as appropriate: 3Section 112A-17 on emergency orders, Section 112A-18 on interim 4orders, and Section 112A-19 on plenary orders. The remedies 5listed in this subsection shall be in addition to other civil 6or criminal remedies available to petitioner. 7 (1) Prohibition of abuse. Prohibit respondent's 8 harassment, interference with personal liberty, 9 intimidation of a dependent, physical abuse or willful 10 deprivation, as defined in this Article, if such abuse has 11 occurred or otherwise appears likely to occur if not 12 prohibited. 13 (2) Grant of exclusive possession of residence. 14 Prohibit respondent from entering or remaining in any 15 residence, household, or premises of the petitioner, 16 including one owned or leased by respondent, if petitioner 17 has a right to occupancy thereof. The grant of exclusive 18 possession of the residence, household, or premises shall 19 not affect title to real property, nor shall the court be 20 limited by the standard set forth in Section 701 of the 21 Illinois Marriage and Dissolution of Marriage Act. 22 (A) Right to occupancy. A party has a right to 23 occupancy of a residence or household if it is solely 24 or jointly owned or leased by that party, that party's 25 spouse, a person with a legal duty to support that 26 party or a minor child in that party's care, or by any HB6191- 170 -LRB097 13524 JLS 69734 b 1 person or entity other than the opposing party that 2 authorizes that party's occupancy (e.g., a domestic 3 violence shelter). Standards set forth in subparagraph 4 (B) shall not preclude equitable relief. 5 (B) Presumption of hardships. If petitioner and 6 respondent each has the right to occupancy of a 7 residence or household, the court shall balance (i) the 8 hardships to respondent and any minor child or 9 dependent adult in respondent's care resulting from 10 entry of this remedy with (ii) the hardships to 11 petitioner and any minor child or dependent adult in 12 petitioner's care resulting from continued exposure to 13 the risk of abuse (should petitioner remain at the 14 residence or household) or from loss of possession of 15 the residence or household (should petitioner leave to 16 avoid the risk of abuse). When determining the balance 17 of hardships, the court shall also take into account 18 the accessibility of the residence or household. 19 Hardships need not be balanced if respondent does not 20 have a right to occupancy. 21 The balance of hardships is presumed to favor 22 possession by petitioner unless the presumption is 23 rebutted by a preponderance of the evidence, showing 24 that the hardships to respondent substantially 25 outweigh the hardships to petitioner and any minor 26 child or dependent adult in petitioner's care. The HB6191- 171 -LRB097 13524 JLS 69734 b 1 court, on the request of petitioner or on its own 2 motion, may order respondent to provide suitable, 3 accessible, alternate housing for petitioner instead 4 of excluding respondent from a mutual residence or 5 household. 6 (3) Stay away order and additional prohibitions. Order 7 respondent to stay away from petitioner or any other person 8 protected by the order of protection, or prohibit 9 respondent from entering or remaining present at 10 petitioner's school, place of employment, or other 11 specified places at times when petitioner is present, or 12 both, if reasonable, given the balance of hardships. 13 Hardships need not be balanced for the court to enter a 14 stay away order or prohibit entry if respondent has no 15 right to enter the premises. 16 If an order of protection grants petitioner exclusive 17 possession of the residence, or prohibits respondent from 18 entering the residence, or orders respondent to stay away 19 from petitioner or other protected persons, then the court 20 may allow respondent access to the residence to remove 21 items of clothing and personal adornment used exclusively 22 by respondent, medications, and other items as the court 23 directs. The right to access shall be exercised on only one 24 occasion as the court directs and in the presence of an 25 agreed-upon adult third party or law enforcement officer. 26 (4) Counseling. Require or recommend the respondent to HB6191- 172 -LRB097 13524 JLS 69734 b 1 undergo counseling for a specified duration with a social 2 worker, psychologist, clinical psychologist, psychiatrist, 3 family service agency, alcohol or substance abuse program, 4 mental health center guidance counselor, agency providing 5 services to elders, program designed for domestic violence 6 abusers or any other guidance service the court deems 7 appropriate. The court may order the respondent in any 8 intimate partner relationship to report to an Illinois 9 Department of Human Services protocol approved partner 10 abuse intervention program for an assessment and to follow 11 all recommended treatment. 12 (5) Physical care and possession of the minor child. In 13 order to protect the minor child from abuse, neglect, or 14 unwarranted separation from the person who has been the 15 minor child's primary caretaker, or to otherwise protect 16 the well-being of the minor child, the court may do either 17 or both of the following: (i) grant petitioner physical 18 care or possession of the minor child, or both, or (ii) 19 order respondent to return a minor child to, or not remove 20 a minor child from, the physical care of a parent or person 21 in loco parentis. 22 If a court finds, after a hearing, that respondent has 23 committed abuse (as defined in Section 112A-3) of a minor 24 child, there shall be a rebuttable presumption that 25 awarding physical care to respondent would not be in the 26 minor child's best interest. HB6191- 173 -LRB097 13524 JLS 69734 b 1 (6) Temporary legal custody. Award temporary legal 2 custody to petitioner in accordance with this Section, the 3 Illinois Marriage and Dissolution of Marriage Act, the 4 Illinois Parentage Act of 2012 1984, and this State's 5 Uniform Child-Custody Jurisdiction and Enforcement Act. 6 If a court finds, after a hearing, that respondent has 7 committed abuse (as defined in Section 112A-3) of a minor 8 child, there shall be a rebuttable presumption that 9 awarding temporary legal custody to respondent would not be 10 in the child's best interest. 11 (7) Visitation. Determine the visitation rights, if 12 any, of respondent in any case in which the court awards 13 physical care or temporary legal custody of a minor child 14 to petitioner. The court shall restrict or deny 15 respondent's visitation with a minor child if the court 16 finds that respondent has done or is likely to do any of 17 the following: (i) abuse or endanger the minor child during 18 visitation; (ii) use the visitation as an opportunity to 19 abuse or harass petitioner or petitioner's family or 20 household members; (iii) improperly conceal or detain the 21 minor child; or (iv) otherwise act in a manner that is not 22 in the best interests of the minor child. The court shall 23 not be limited by the standards set forth in Section 607.1 24 of the Illinois Marriage and Dissolution of Marriage Act. 25 If the court grants visitation, the order shall specify 26 dates and times for the visitation to take place or other HB6191- 174 -LRB097 13524 JLS 69734 b 1 specific parameters or conditions that are appropriate. No 2 order for visitation shall refer merely to the term 3 "reasonable visitation". 4 Petitioner may deny respondent access to the minor 5 child if, when respondent arrives for visitation, 6 respondent is under the influence of drugs or alcohol and 7 constitutes a threat to the safety and well-being of 8 petitioner or petitioner's minor children or is behaving in 9 a violent or abusive manner. 10 If necessary to protect any member of petitioner's 11 family or household from future abuse, respondent shall be 12 prohibited from coming to petitioner's residence to meet 13 the minor child for visitation, and the parties shall 14 submit to the court their recommendations for reasonable 15 alternative arrangements for visitation. A person may be 16 approved to supervise visitation only after filing an 17 affidavit accepting that responsibility and acknowledging 18 accountability to the court. 19 (8) Removal or concealment of minor child. Prohibit 20 respondent from removing a minor child from the State or 21 concealing the child within the State. 22 (9) Order to appear. Order the respondent to appear in 23 court, alone or with a minor child, to prevent abuse, 24 neglect, removal or concealment of the child, to return the 25 child to the custody or care of the petitioner or to permit 26 any court-ordered interview or examination of the child or HB6191- 175 -LRB097 13524 JLS 69734 b 1 the respondent. 2 (10) Possession of personal property. Grant petitioner 3 exclusive possession of personal property and, if 4 respondent has possession or control, direct respondent to 5 promptly make it available to petitioner, if: 6 (i) petitioner, but not respondent, owns the 7 property; or 8 (ii) the parties own the property jointly; sharing 9 it would risk abuse of petitioner by respondent or is 10 impracticable; and the balance of hardships favors 11 temporary possession by petitioner. 12 If petitioner's sole claim to ownership of the property 13 is that it is marital property, the court may award 14 petitioner temporary possession thereof under the 15 standards of subparagraph (ii) of this paragraph only if a 16 proper proceeding has been filed under the Illinois 17 Marriage and Dissolution of Marriage Act, as now or 18 hereafter amended. 19 No order under this provision shall affect title to 20 property. 21 (11) Protection of property. Forbid the respondent 22 from taking, transferring, encumbering, concealing, 23 damaging or otherwise disposing of any real or personal 24 property, except as explicitly authorized by the court, if: 25 (i) petitioner, but not respondent, owns the 26 property; or HB6191- 176 -LRB097 13524 JLS 69734 b 1 (ii) the parties own the property jointly, and the 2 balance of hardships favors granting this remedy. 3 If petitioner's sole claim to ownership of the property 4 is that it is marital property, the court may grant 5 petitioner relief under subparagraph (ii) of this 6 paragraph only if a proper proceeding has been filed under 7 the Illinois Marriage and Dissolution of Marriage Act, as 8 now or hereafter amended. 9 The court may further prohibit respondent from 10 improperly using the financial or other resources of an 11 aged member of the family or household for the profit or 12 advantage of respondent or of any other person. 13 (11.5) Protection of animals. Grant the petitioner the 14 exclusive care, custody, or control of any animal owned, 15 possessed, leased, kept, or held by either the petitioner 16 or the respondent or a minor child residing in the 17 residence or household of either the petitioner or the 18 respondent and order the respondent to stay away from the 19 animal and forbid the respondent from taking, 20 transferring, encumbering, concealing, harming, or 21 otherwise disposing of the animal. 22 (12) Order for payment of support. Order respondent to 23 pay temporary support for the petitioner or any child in 24 the petitioner's care or custody, when the respondent has a 25 legal obligation to support that person, in accordance with 26 the Illinois Marriage and Dissolution of Marriage Act, HB6191- 177 -LRB097 13524 JLS 69734 b 1 which shall govern, among other matters, the amount of 2 support, payment through the clerk and withholding of 3 income to secure payment. An order for child support may be 4 granted to a petitioner with lawful physical care or 5 custody of a child, or an order or agreement for physical 6 care or custody, prior to entry of an order for legal 7 custody. Such a support order shall expire upon entry of a 8 valid order granting legal custody to another, unless 9 otherwise provided in the custody order. 10 (13) Order for payment of losses. Order respondent to 11 pay petitioner for losses suffered as a direct result of 12 the abuse. Such losses shall include, but not be limited 13 to, medical expenses, lost earnings or other support, 14 repair or replacement of property damaged or taken, 15 reasonable attorney's fees, court costs and moving or other 16 travel expenses, including additional reasonable expenses 17 for temporary shelter and restaurant meals. 18 (i) Losses affecting family needs. If a party is 19 entitled to seek maintenance, child support or 20 property distribution from the other party under the 21 Illinois Marriage and Dissolution of Marriage Act, as 22 now or hereafter amended, the court may order 23 respondent to reimburse petitioner's actual losses, to 24 the extent that such reimbursement would be 25 "appropriate temporary relief", as authorized by 26 subsection (a)(3) of Section 501 of that Act. HB6191- 178 -LRB097 13524 JLS 69734 b 1 (ii) Recovery of expenses. In the case of an 2 improper concealment or removal of a minor child, the 3 court may order respondent to pay the reasonable 4 expenses incurred or to be incurred in the search for 5 and recovery of the minor child, including but not 6 limited to legal fees, court costs, private 7 investigator fees, and travel costs. 8 (14) Prohibition of entry. Prohibit the respondent 9 from entering or remaining in the residence or household 10 while the respondent is under the influence of alcohol or 11 drugs and constitutes a threat to the safety and well-being 12 of the petitioner or the petitioner's children. 13 (14.5) Prohibition of firearm possession. 14 (a) Prohibit a respondent against whom an order of 15 protection was issued from possessing any firearms 16 during the duration of the order if the order: 17 (1) was issued after a hearing of which such 18 person received actual notice, and at which such 19 person had an opportunity to participate; 20 (2) restrains such person from harassing, 21 stalking, or threatening an intimate partner of 22 such person or child of such intimate partner or 23 person, or engaging in other conduct that would 24 place an intimate partner in reasonable fear of 25 bodily injury to the partner or child; and 26 (3)(i) includes a finding that such person HB6191- 179 -LRB097 13524 JLS 69734 b 1 represents a credible threat to the physical 2 safety of such intimate partner or child; or (ii) 3 by its terms explicitly prohibits the use, 4 attempted use, or threatened use of physical force 5 against such intimate partner or child that would 6 reasonably be expected to cause bodily injury. 7 Any firearms in the possession of the respondent, 8 except as provided in subsection (b), shall be ordered 9 by the court to be turned over to the local law 10 enforcement agency for safekeeping. The court shall 11 issue an order that the respondent's Firearm Owner's 12 Identification Card be turned over to the local law 13 enforcement agency for safekeeping. The period of 14 safekeeping shall be for the duration of the order of 15 protection. The firearm or firearms shall be returned 16 to the respondent at expiration of the order of 17 protection. 18 (b) If the respondent is a peace officer as defined 19 in Section 2-13 of the Criminal Code of 1961, the court 20 shall order that any firearms used by the respondent in 21 the performance of his or her duties as a peace officer 22 be surrendered to the chief law enforcement executive 23 of the agency in which the respondent is employed, who 24 shall retain the firearms for safekeeping for the 25 duration of the order of protection. 26 (c) Upon expiration of the period of safekeeping, HB6191- 180 -LRB097 13524 JLS 69734 b 1 if the firearms or Firearm Owner's Identification Card 2 cannot be returned to respondent because respondent 3 cannot be located, fails to respond to requests to 4 retrieve the firearms, or is not lawfully eligible to 5 possess a firearm, upon petition from the local law 6 enforcement agency, the court may order the local law 7 enforcement agency to destroy the firearms, use the 8 firearms for training purposes, or for any other 9 application as deemed appropriate by the local law 10 enforcement agency; or that the firearms be turned over 11 to a third party who is lawfully eligible to possess 12 firearms, and who does not reside with respondent. 13 (15) Prohibition of access to records. If an order of 14 protection prohibits respondent from having contact with 15 the minor child, or if petitioner's address is omitted 16 under subsection (b) of Section 112A-5, or if necessary to 17 prevent abuse or wrongful removal or concealment of a minor 18 child, the order shall deny respondent access to, and 19 prohibit respondent from inspecting, obtaining, or 20 attempting to inspect or obtain, school or any other 21 records of the minor child who is in the care of 22 petitioner. 23 (16) Order for payment of shelter services. Order 24 respondent to reimburse a shelter providing temporary 25 housing and counseling services to the petitioner for the 26 cost of the services, as certified by the shelter and HB6191- 181 -LRB097 13524 JLS 69734 b 1 deemed reasonable by the court. 2 (17) Order for injunctive relief. Enter injunctive 3 relief necessary or appropriate to prevent further abuse of 4 a family or household member or to effectuate one of the 5 granted remedies, if supported by the balance of hardships. 6 If the harm to be prevented by the injunction is abuse or 7 any other harm that one of the remedies listed in 8 paragraphs (1) through (16) of this subsection is designed 9 to prevent, no further evidence is necessary to establish 10 that the harm is an irreparable injury. 11 (c) Relevant factors; findings. 12 (1) In determining whether to grant a specific remedy, 13 other than payment of support, the court shall consider 14 relevant factors, including but not limited to the 15 following: 16 (i) the nature, frequency, severity, pattern and 17 consequences of the respondent's past abuse of the 18 petitioner or any family or household member, 19 including the concealment of his or her location in 20 order to evade service of process or notice, and the 21 likelihood of danger of future abuse to petitioner or 22 any member of petitioner's or respondent's family or 23 household; and 24 (ii) the danger that any minor child will be abused 25 or neglected or improperly removed from the 26 jurisdiction, improperly concealed within the State or HB6191- 182 -LRB097 13524 JLS 69734 b 1 improperly separated from the child's primary 2 caretaker. 3 (2) In comparing relative hardships resulting to the 4 parties from loss of possession of the family home, the 5 court shall consider relevant factors, including but not 6 limited to the following: 7 (i) availability, accessibility, cost, safety, 8 adequacy, location and other characteristics of 9 alternate housing for each party and any minor child or 10 dependent adult in the party's care; 11 (ii) the effect on the party's employment; and 12 (iii) the effect on the relationship of the party, 13 and any minor child or dependent adult in the party's 14 care, to family, school, church and community. 15 (3) Subject to the exceptions set forth in paragraph 16 (4) of this subsection, the court shall make its findings 17 in an official record or in writing, and shall at a minimum 18 set forth the following: 19 (i) That the court has considered the applicable 20 relevant factors described in paragraphs (1) and (2) of 21 this subsection. 22 (ii) Whether the conduct or actions of respondent, 23 unless prohibited, will likely cause irreparable harm 24 or continued abuse. 25 (iii) Whether it is necessary to grant the 26 requested relief in order to protect petitioner or HB6191- 183 -LRB097 13524 JLS 69734 b 1 other alleged abused persons. 2 (4) For purposes of issuing an ex parte emergency order 3 of protection, the court, as an alternative to or as a 4 supplement to making the findings described in paragraphs 5 (c)(3)(i) through (c)(3)(iii) of this subsection, may use 6 the following procedure: 7 When a verified petition for an emergency order of 8 protection in accordance with the requirements of Sections 9 112A-5 and 112A-17 is presented to the court, the court 10 shall examine petitioner on oath or affirmation. An 11 emergency order of protection shall be issued by the court 12 if it appears from the contents of the petition and the 13 examination of petitioner that the averments are 14 sufficient to indicate abuse by respondent and to support 15 the granting of relief under the issuance of the emergency 16 order of protection. 17 (5) Never married parties. No rights or 18 responsibilities for a minor child born outside of marriage 19 attach to a putative father until a father and child 20 relationship has been established under the Illinois 21 Parentage Act of 1984 or under the Illinois Parentage Act 22 of 2012 on and after the effective date of that Act. Absent 23 such an adjudication, no putative father shall be granted 24 temporary custody of the minor child, visitation with the 25 minor child, or physical care and possession of the minor 26 child, nor shall an order of payment for support of the HB6191- 184 -LRB097 13524 JLS 69734 b 1 minor child be entered. 2 (d) Balance of hardships; findings. If the court finds that 3the balance of hardships does not support the granting of a 4remedy governed by paragraph (2), (3), (10), (11), or (16) of 5subsection (b) of this Section, which may require such 6balancing, the court's findings shall so indicate and shall 7include a finding as to whether granting the remedy will result 8in hardship to respondent that would substantially outweigh the 9hardship to petitioner from denial of the remedy. The findings 10shall be an official record or in writing. 11 (e) Denial of remedies. Denial of any remedy shall not be 12based, in whole or in part, on evidence that: 13 (1) Respondent has cause for any use of force, unless 14 that cause satisfies the standards for justifiable use of 15 force provided by Article VII of the Criminal Code of 1961; 16 (2) Respondent was voluntarily intoxicated; 17 (3) Petitioner acted in self-defense or defense of 18 another, provided that, if petitioner utilized force, such 19 force was justifiable under Article VII of the Criminal 20 Code of 1961; 21 (4) Petitioner did not act in self-defense or defense 22 of another; 23 (5) Petitioner left the residence or household to avoid 24 further abuse by respondent; 25 (6) Petitioner did not leave the residence or household 26 to avoid further abuse by respondent; HB6191- 185 -LRB097 13524 JLS 69734 b 1 (7) Conduct by any family or household member excused 2 the abuse by respondent, unless that same conduct would 3 have excused such abuse if the parties had not been family 4 or household members. 5(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; 697-158, eff. 1-1-12.) 7 Section 963. The Unified Code of Corrections is amended by 8changing Section 3-5-4 as follows: 9 (730 ILCS 5/3-5-4) 10 Sec. 3-5-4. Exchange of information for child support 11enforcement. 12 (a) The Department shall exchange with the Department of 13Healthcare and Family Services information that may be 14necessary for the enforcement of child support orders entered 15pursuant to the Illinois Public Aid Code, the Illinois Marriage 16and Dissolution of Marriage Act, the Non-Support of Spouse and 17Children Act, the Non-Support Punishment Act, the Revised 18Uniform Reciprocal Enforcement of Support Act, the Uniform 19Interstate Family Support Act, or the Illinois Parentage Act of 201984, or the Illinois Parentage Act of 2012. 21 (b) Notwithstanding any provisions in this Code to the 22contrary, the Department shall not be liable to any person for 23any disclosure of information to the Department of Healthcare 24and Family Services (formerly Illinois Department of Public HB6191- 186 -LRB097 13524 JLS 69734 b 1Aid) under subsection (a) or for any other action taken in good 2faith to comply with the requirements of subsection (a). 3(Source: P.A. 95-331, eff. 8-21-07.) 4 Section 964. The Code of Civil Procedure is amended by 5changing Sections 2-209, 2-1401, 12-112, and 12-819 as follows: 6 (735 ILCS 5/2-209) (from Ch. 110, par. 2-209) 7 Sec. 2-209. Act submitting to jurisdiction - Process. 8 (a) Any person, whether or not a citizen or resident of 9this State, who in person or through an agent does any of the 10acts hereinafter enumerated, thereby submits such person, and, 11if an individual, his or her personal representative, to the 12jurisdiction of the courts of this State as to any cause of 13action arising from the doing of any of such acts: 14 (1) The transaction of any business within this State; 15 (2) The commission of a tortious act within this State; 16 (3) The ownership, use, or possession of any real 17 estate situated in this State; 18 (4) Contracting to insure any person, property or risk 19 located within this State at the time of contracting; 20 (5) With respect to actions of dissolution of marriage, 21 declaration of invalidity of marriage and legal 22 separation, the maintenance in this State of a matrimonial 23 domicile at the time this cause of action arose or the 24 commission in this State of any act giving rise to the HB6191- 187 -LRB097 13524 JLS 69734 b 1 cause of action; 2 (6) With respect to actions brought under the Illinois 3 Parentage Act of 1984, as now or hereafter amended, or 4 under the Illinois Parentage Act of 2012 on and after the 5 effective date of that Act, the performance of an act of 6 sexual intercourse within this State during the possible 7 period of conception; 8 (7) The making or performance of any contract or 9 promise substantially connected with this State; 10 (8) The performance of sexual intercourse within this 11 State which is claimed to have resulted in the conception 12 of a child who resides in this State; 13 (9) The failure to support a child, spouse or former 14 spouse who has continued to reside in this State since the 15 person either formerly resided with them in this State or 16 directed them to reside in this State; 17 (10) The acquisition of ownership, possession or 18 control of any asset or thing of value present within this 19 State when ownership, possession or control was acquired; 20 (11) The breach of any fiduciary duty within this 21 State; 22 (12) The performance of duties as a director or officer 23 of a corporation organized under the laws of this State or 24 having its principal place of business within this State; 25 (13) The ownership of an interest in any trust 26 administered within this State; or HB6191- 188 -LRB097 13524 JLS 69734 b 1 (14) The exercise of powers granted under the authority 2 of this State as a fiduciary. 3 (b) A court may exercise jurisdiction in any action arising 4within or without this State against any person who: 5 (1) Is a natural person present within this State when 6 served; 7 (2) Is a natural person domiciled or resident within 8 this State when the cause of action arose, the action was 9 commenced, or process was served; 10 (3) Is a corporation organized under the laws of this 11 State; or 12 (4) Is a natural person or corporation doing business 13 within this State. 14 (b-5) Foreign defamation judgment. The courts of this State 15shall have personal jurisdiction over any person who obtains a 16judgment in a defamation proceeding outside the United States 17against any person who is a resident of Illinois or, if not a 18natural person, has its principal place of business in 19Illinois, for the purposes of rendering declaratory relief with 20respect to that resident's liability for the judgment, or for 21the purpose of determining whether said judgment should be 22deemed non-recognizable pursuant to this Code, to the fullest 23extent permitted by the United States Constitution, provided: 24 (1) the publication at issue was published in Illinois, 25 and 26 (2) that resident (i) has assets in Illinois which HB6191- 189 -LRB097 13524 JLS 69734 b 1 might be used to satisfy the foreign defamation judgment, 2 or (ii) may have to take actions in Illinois to comply with 3 the foreign defamation judgment. 4 The provisions of this subsection (b-5) shall apply to 5persons who obtained judgments in defamation proceedings 6outside the United States prior to, on, or after the effective 7date of this amendatory Act of the 95th General Assembly. 8 (c) A court may also exercise jurisdiction on any other 9basis now or hereafter permitted by the Illinois Constitution 10and the Constitution of the United States. 11 (d) Service of process upon any person who is subject to 12the jurisdiction of the courts of this State, as provided in 13this Section, may be made by personally serving the summons 14upon the defendant outside this State, as provided in this Act, 15with the same force and effect as though summons had been 16personally served within this State. 17 (e) Service of process upon any person who resides or whose 18business address is outside the United States and who is 19subject to the jurisdiction of the courts of this State, as 20provided in this Section, in any action based upon product 21liability may be made by serving a copy of the summons with a 22copy of the complaint attached upon the Secretary of State. The 23summons shall be accompanied by a $5 fee payable to the 24Secretary of State. The plaintiff shall forthwith mail a copy 25of the summons, upon which the date of service upon the 26Secretary is clearly shown, together with a copy of the HB6191- 190 -LRB097 13524 JLS 69734 b 1complaint to the defendant at his or her last known place of 2residence or business address. Plaintiff shall file with the 3circuit clerk an affidavit of the plaintiff or his or her 4attorney stating the last known place of residence or the last 5known business address of the defendant and a certificate of 6mailing a copy of the summons and complaint to the defendant at 7such address as required by this subsection (e). The 8certificate of mailing shall be prima facie evidence that the 9plaintiff or his or her attorney mailed a copy of the summons 10and complaint to the defendant as required. Service of the 11summons shall be deemed to have been made upon the defendant on 12the date it is served upon the Secretary and shall have the 13same force and effect as though summons had been personally 14served upon the defendant within this State. 15 (f) Only causes of action arising from acts enumerated 16herein may be asserted against a defendant in an action in 17which jurisdiction over him or her is based upon subsection 18(a). 19 (g) Nothing herein contained limits or affects the right to 20serve any process in any other manner now or hereafter provided 21by law. 22(Source: P.A. 95-865, eff. 8-19-08.) 23 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401) 24 Sec. 2-1401. Relief from judgments. 25 (a) Relief from final orders and judgments, after 30 days HB6191- 191 -LRB097 13524 JLS 69734 b 1from the entry thereof, may be had upon petition as provided in 2this Section. Writs of error coram nobis and coram vobis, bills 3of review and bills in the nature of bills of review are 4abolished. All relief heretofore obtainable and the grounds for 5such relief heretofore available, whether by any of the 6foregoing remedies or otherwise, shall be available in every 7case, by proceedings hereunder, regardless of the nature of the 8order or judgment from which relief is sought or of the 9proceedings in which it was entered. Except as provided in 10Section 6 of the Illinois Parentage Act of 2012 1984, there 11shall be no distinction between actions and other proceedings, 12statutory or otherwise, as to availability of relief, grounds 13for relief or the relief obtainable. 14 (b) The petition must be filed in the same proceeding in 15which the order or judgment was entered but is not a 16continuation thereof. The petition must be supported by 17affidavit or other appropriate showing as to matters not of 18record. All parties to the petition shall be notified as 19provided by rule. 20 (c) Except as provided in Section 20b of the Adoption Act 21and Section 2-32 of the Juvenile Court Act of 1987 or in a 22petition based upon Section 116-3 of the Code of Criminal 23Procedure of 1963, the petition must be filed not later than 2 24years after the entry of the order or judgment. Time during 25which the person seeking relief is under legal disability or 26duress or the ground for relief is fraudulently concealed shall HB6191- 192 -LRB097 13524 JLS 69734 b 1be excluded in computing the period of 2 years. 2 (d) The filing of a petition under this Section does not 3affect the order or judgment, or suspend its operation. 4 (e) Unless lack of jurisdiction affirmatively appears from 5the record proper, the vacation or modification of an order or 6judgment pursuant to the provisions of this Section does not 7affect the right, title or interest in or to any real or 8personal property of any person, not a party to the original 9action, acquired for value after the entry of the order or 10judgment but before the filing of the petition, nor affect any 11right of any person not a party to the original action under 12any certificate of sale issued before the filing of the 13petition, pursuant to a sale based on the order or judgment. 14 (f) Nothing contained in this Section affects any existing 15right to relief from a void order or judgment, or to employ any 16existing method to procure that relief. 17(Source: P.A. 95-331, eff. 8-21-07.) 18 (735 ILCS 5/12-112) (from Ch. 110, par. 12-112) 19 Sec. 12-112. What liable to enforcement. All the lands, 20tenements, real estate, goods and chattels (except such as is 21by law declared to be exempt) of every person against whom any 22judgment has been or shall be hereafter entered in any court, 23for any debt, damages, costs, or other sum of money, shall be 24liable to be sold upon such judgment. Any real property, any 25beneficial interest in a land trust, or any interest in real HB6191- 193 -LRB097 13524 JLS 69734 b 1property held in a revocable inter vivos trust or revocable 2inter vivos trusts created for estate planning purposes, held 3in tenancy by the entirety shall not be liable to be sold upon 4judgment entered on or after October 1, 1990 against only one 5of the tenants, except if the property was transferred into 6tenancy by the entirety with the sole intent to avoid the 7payment of debts existing at the time of the transfer beyond 8the transferor's ability to pay those debts as they become due. 9However, any income from such property shall be subject to 10garnishment as provided in Part 7 of this Article XII, whether 11judgment has been entered against one or both of the tenants. 12 If the court authorizes the piercing of the ownership veil 13pursuant to Section 505 of the Illinois Marriage and 14Dissolution of Marriage Act or Section 805 15 of the Illinois 15Parentage Act of 2012 1984, any assets determined to be those 16of the non-custodial parent, although not held in name of the 17non-custodial parent, shall be subject to attachment or other 18provisional remedy in accordance with the procedure prescribed 19by this Code. The court may not authorize attachment of 20property or any other provisional remedy under this paragraph 21unless it has obtained jurisdiction over the entity holding 22title to the property by proper service on that entity. With 23respect to assets which are real property, no order entered as 24described in this paragraph shall affect the rights of bona 25fide purchasers, mortgagees, judgment creditors, or other lien 26holders who acquire their interests in the property prior to HB6191- 194 -LRB097 13524 JLS 69734 b 1the time a notice of lis pendens pursuant to this Code or a 2copy of the order is placed of record in the office of the 3recorder of deeds for the county in which the real property is 4located. 5 This amendatory Act of 1995 (P.A. 89-438) is declarative of 6existing law. 7 This amendatory Act of 1997 (P.A. 90-514) is intended as a 8clarification of existing law and not as a new enactment. 9(Source: P.A. 96-1145, eff. 1-1-11.) 10 (735 ILCS 5/12-819) (from Ch. 110, par. 12-819) 11 Sec. 12-819. Limitations on part 8 of Article XII. The 12provisions of this Part 8 of Article XII of this Act do not 13apply to orders for withholding of income entered by the court 14under provisions of The Illinois Public Aid Code, the Illinois 15Marriage and Dissolution of Marriage Act, the Non-Support of 16Spouse and Children Act, the Non-Support Punishment Act, the 17Revised Uniform Reciprocal Enforcement of Support Act, the 18Illinois Parentage Act of 1984, and the Illinois Parentage Act 19of 2012, and the Paternity Act for support of a child or 20maintenance of a spouse. 21(Source: P.A. 91-613, eff. 10-1-99.) 22 Section 965. The Illinois Wage Assignment Act is amended by 23changing Section 11 as follows: HB6191- 195 -LRB097 13524 JLS 69734 b 1 (740 ILCS 170/11) (from Ch. 48, par. 39.12) 2 Sec. 11. The provisions of this Act do not apply to orders 3for withholding of income entered by the court under provisions 4of The Illinois Public Aid Code, the Illinois Marriage and 5Dissolution 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 Illinois 8Parentage Act of 1984, and the Illinois Parentage Act of 2012 9and the Paternity Act for support of a child or maintenance of 10a spouse. 11(Source: P.A. 91-613, eff. 10-1-99.) 12 Section 966. The Illinois Marriage and Dissolution of 13Marriage Act is amended by changing Section 713 as follows: 14 (750 ILCS 5/713) (from Ch. 40, par. 713) 15 Sec. 713. Attachment of the Body. As used in this Section, 16"obligor" has the same meaning ascribed to such term in the 17Income Withholding for Support Act. 18 (a) In any proceeding to enforce an order for support, 19where the obligor has failed to appear in court pursuant to 20order of court and after due notice thereof, the court may 21enter an order for the attachment of the body of the obligor. 22Notices under this Section shall be served upon the obligor by 23any means authorized under subsection (a-5) of Section 505. The 24attachment order shall fix an amount of escrow which is equal HB6191- 196 -LRB097 13524 JLS 69734 b 1to a minimum of 20% of the total child support arrearage 2alleged by the obligee in sworn testimony to be due and owing. 3The attachment order shall direct the Sheriff of any county in 4Illinois to take the obligor into custody and shall set the 5number of days following release from custody for a hearing to 6be held at which the obligor must appear, if he is released 7under subsection (b) of this Section. 8 (b) If the obligor is taken into custody, the Sheriff shall 9take the obligor before the court which entered the attachment 10order. However, the Sheriff may release the person after he or 11she has deposited the amount of escrow ordered by the court 12pursuant to local procedures for the posting of bond. The 13Sheriff shall advise the obligor of the hearing date at which 14the obligor is required to appear. 15 (c) Any escrow deposited pursuant to this Section shall be 16transmitted to the Clerk of the Circuit Court for the county in 17which the order for attachment of the body of the obligor was 18entered. Any Clerk who receives money deposited into escrow 19pursuant to this Section shall notify the obligee, public 20office or legal counsel whose name appears on the attachment 21order of the court date at which the obligor is required to 22appear and the amount deposited into escrow. The Clerk shall 23disburse such money to the obligee only under an order from the 24court that entered the attachment order pursuant to this 25Section. 26 (d) Whenever an obligor is taken before the court by the HB6191- 197 -LRB097 13524 JLS 69734 b 1Sheriff, or appears in court after the court has ordered the 2attachment of his body, the court shall: 3 (1) hold a hearing on the complaint or petition that 4 gave rise to the attachment order. For purposes of 5 determining arrearages that are due and owing by the 6 obligor, the court shall accept the previous sworn 7 testimony of the obligee as true and the appearance of the 8 obligee shall not be required. The court shall require 9 sworn testimony of the obligor as to his or her Social 10 Security number, income, employment, bank accounts, 11 property and any other assets. If there is a dispute as to 12 the total amount of arrearages, the court shall proceed as 13 in any other case as to the undisputed amounts; and 14 (2) order the Clerk of the Circuit Court to disburse to 15 the obligee or public office money held in escrow pursuant 16 to this Section if the court finds that the amount of 17 arrearages exceeds the amount of the escrow. Amounts 18 received by the obligee or public office shall be deducted 19 from the amount of the arrearages. 20 (e) If the obligor fails to appear in court after being 21notified of the court date by the Sheriff upon release from 22custody, the court shall order any monies deposited into escrow 23to be immediately released to the obligee or public office and 24shall proceed under subsection (a) of this Section by entering 25another order for the attachment of the body of the obligor. 26 (f) This Section shall apply to any order for support HB6191- 198 -LRB097 13524 JLS 69734 b 1issued under the "Illinois Marriage and Dissolution of Marriage 2Act", approved September 22, 1977, as amended; the Illinois 3Parentage Act of 2012; the "Illinois Parentage Act of 1984", 4effective July 1, 1985, as amended; the "Revised Uniform 5Reciprocal Enforcement of Support Act", approved August 28, 61969, as amended; "The Illinois Public Aid Code", approved 7April 11, 1967, as amended; the Non-Support Punishment Act; and 8the "Non-support of Spouse and Children Act", approved June 8, 91953, as amended. 10 (g) Any escrow established pursuant to this Section for the 11purpose of providing support shall not be subject to fees 12collected by the Clerk of the Circuit Court for any other 13escrow. 14(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99; 1592-16, eff. 6-28-01.) 16 Section 967. The Non-Support Punishment Act is amended by 17changing Section 50 as follows: 18 (750 ILCS 16/50) 19 Sec. 50. Community service; work alternative program. 20 (a) In addition to any other penalties imposed against an 21offender under this Act, the court may order the offender to 22perform community service for not less than 30 and not more 23than 120 hours per month, if community service is available in 24the jurisdiction and is funded and approved by the county board HB6191- 199 -LRB097 13524 JLS 69734 b 1of the county where the offense was committed. In addition, 2whenever any person is placed on supervision for committing an 3offense under this Act, the supervision shall be conditioned on 4the performance of the community service. 5 (b) In addition to any other penalties imposed against an 6offender under this Act, the court may sentence the offender to 7service in a work alternative program administered by the 8sheriff. The conditions of the program are that the offender 9obtain or retain employment and participate in a work 10alternative program administered by the sheriff during 11non-working hours. A person may not be required to participate 12in a work alternative program under this subsection if the 13person is currently participating in a work program pursuant to 14another provision of this Act, Section 10-11.1 of the Illinois 15Public Aid Code, Section 505.1 of the Illinois Marriage and 16Dissolution of Marriage Act, or Section 806 15.1 of the 17Illinois Parentage Act of 2012 1984. 18 (c) In addition to any other penalties imposed against an 19offender under this Act, the court may order, in cases where 20the offender has been in violation of this Act for 90 days or 21more, that the offender's Illinois driving privileges be 22suspended until the court determines that the offender is in 23compliance with this Act. 24 The court may determine that the offender is in compliance 25with this Act if the offender has agreed (i) to pay all 26required amounts of support and maintenance as determined by HB6191- 200 -LRB097 13524 JLS 69734 b 1the court or (ii) to the garnishment of his or her income for 2the purpose of paying those amounts. 3 The court may also order that the offender be issued a 4family financial responsibility driving permit that would 5allow limited driving privileges for employment and medical 6purposes in accordance with Section 7-702.1 of the Illinois 7Vehicle Code. The clerk of the circuit court shall certify the 8order suspending the driving privileges of the offender or 9granting the issuance of a family financial responsibility 10driving permit to the Secretary of State on forms prescribed by 11the Secretary. Upon receipt of the authenticated documents, the 12Secretary of State shall suspend the offender's driving 13privileges until further order of the court and shall, if 14ordered by the court, subject to the provisions of Section 157-702.1 of the Illinois Vehicle Code, issue a family financial 16responsibility driving permit to the offender. 17 (d) If the court determines that the offender has been in 18violation of this Act for more than 60 days, the court may 19determine whether the offender has applied for or been issued a 20professional license by the Department of Professional 21Regulation or another licensing agency. If the court determines 22that the offender has applied for or been issued such a 23license, the court may certify to the Department of 24Professional Regulation or other licensing agency that the 25offender has been in violation of this Act for more than 60 26days so that the Department or other agency may take HB6191- 201 -LRB097 13524 JLS 69734 b 1appropriate steps with respect to the license or application as 2provided in Section 10-65 of the Illinois Administrative 3Procedure Act and Section 2105-15 of the Department of 4Professional Regulation Law of the Civil Administrative Code of 5Illinois. The court may take the actions required under this 6subsection in addition to imposing any other penalty authorized 7under this Act. 8(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.) 9 Section 968. The Uniform Interstate Family Support Act is 10amended by changing Section 102 as follows: 11 (750 ILCS 22/102) (was 750 ILCS 22/101) 12 Sec. 102. Definitions. In this Act: 13 "Child" means an individual, whether over or under the age 14of 18, who is or is alleged to be owed a duty of support by the 15individual's parent or who is or is alleged to be the 16beneficiary of a support order directed to the parent. 17 "Child-support order" means a support order for a child, 18including a child who has attained the age of 18. 19 "Duty of support" means an obligation imposed or imposable 20by law to provide support for a child, spouse, or former spouse 21including an unsatisfied obligation to provide support. 22 "Home state" means the state in which a child lived with a 23parent or a person acting as parent for at least 6 consecutive 24months immediately preceding the time of filing of a petition HB6191- 202 -LRB097 13524 JLS 69734 b 1or comparable pleading for support, and if a child is less than 26 months old, the state in which the child lived from birth 3with any of them. A period of temporary absence of any of them 4is counted as part of the 6-month or other period. 5 "Income" includes earnings or other periodic entitlements 6to money from any source and any other property subject to 7withholding for support under the law of this State. 8 "Income-withholding order" means an order or other legal 9process directed to an obligor's employer or other debtor, as 10defined by the Illinois Marriage and Dissolution of Marriage 11Act, the Non-Support of Spouse and Children Act, the 12Non-Support Punishment Act the Illinois Public Aid Code, and 13the Illinois Parentage Act of 2012 1984, to withhold support 14from the income of the obligor. 15 "Initiating state" means a state from which a proceeding is 16forwarded or in which a proceeding is filed for forwarding to a 17responding state under this Act or a law or procedure 18substantially similar to this Act. 19 "Initiating tribunal" means the authorized tribunal in an 20initiating state. 21 "Issuing state" means the state in which a tribunal issues 22a support order or renders a judgment determining parentage. 23 "Issuing tribunal" means the tribunal that issues a support 24order or renders a judgment determining parentage. 25 "Obligee" means: 26 (A) an individual to whom a duty of support is or is HB6191- 203 -LRB097 13524 JLS 69734 b 1 alleged to be owed or in whose favor a support order has 2 been issued or a judgment determining parentage has been 3 rendered; 4 (B) a state or political subdivision to which the 5 rights under a duty of support or support order have been 6 assigned or which has independent claims based on financial 7 assistance provided to an individual obligee; or 8 (C) an individual seeking a judgment determining 9 parentage of the individual's child. 10 "Obligor" means an individual, or the estate of a decedent: 11 (i) who owes or is alleged to owe a duty of 12 support; 13 (ii) who is alleged but has not been adjudicated to 14 be a parent of a child; or 15 (iii) who is liable under a support order. 16 "Person means an individual, corporation, business trust, 17estate, trust, partnership, limited liability company, 18association, joint venture, government, governmental 19subdivision, agency, instrumentality, public corporation, or 20any other legal or commercial entity. 21 "Record" means information that is inscribed on a tangible 22medium or that is stored in an electronic or other medium and 23is retrievable in perceivable form. 24 "Register" means to record a support order or judgment 25determining parentage in the appropriate Registry of Foreign 26Support Orders. HB6191- 204 -LRB097 13524 JLS 69734 b 1 "Registering tribunal" means a tribunal in which a support 2order is registered. 3 "Responding state" means a state in which a proceeding is 4filed or to which a proceeding is forwarded for filing from an 5initiating state under this Act or a law or procedure 6substantially similar to this Act. 7 "Responding tribunal" means the authorized tribunal in a 8responding state. 9 "Spousal-support order" means a support order for a spouse 10or former spouse of the obligor. 11 "State" means a state of the United States, the District of 12Columbia, Puerto Rico, the United States Virgin Islands, or any 13territory or insular possession subject to the jurisdiction of 14the United States. The term includes: 15 (A) an Indian tribe; and 16 (B) a foreign country or political subdivision that: 17 (i) has been declared to be a foreign reciprocating 18 country or political subdivision under federal law; 19 (ii) has established a reciprocal arrangement for 20 child support with this State as provided in Section 21 308; or 22 (iii) has enacted a law or established procedures 23 for issuance and enforcement of support orders which 24 are substantially similar to the procedures under this 25 Act. 26 "Support enforcement agency" means a public official or HB6191- 205 -LRB097 13524 JLS 69734 b 1agency authorized to seek: 2 (A) enforcement of support orders or laws relating to 3 the duty of support; 4 (B) establishment or modification of child support; 5 (C) determination of parentage; 6 (D) to locate obligors or their assets; or 7 (E) determination of the controlling child support 8 order. 9 "Support order" means a judgment, decree, order, or 10directive, whether temporary, final, or subject to 11modification, issued by a tribunal for the benefit of a child, 12a spouse, or a former spouse, which provides for monetary 13support, health care, arrearages, or reimbursement, and may 14include related costs and fees, interest, income withholding, 15attorney's fees, and other relief. 16 "Tribunal" means a court, administrative agency, or 17quasi-judicial entity authorized to establish, enforce, or 18modify support orders or to determine parentage. 19(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04.) 20 Section 969. The Expedited Child Support Act of 1990 is 21amended by changing Section 6 as follows: 22 (750 ILCS 25/6) (from Ch. 40, par. 2706) 23 Sec. 6. Authority of hearing officers. 24 (a) With the exception of judicial functions exclusively HB6191- 206 -LRB097 13524 JLS 69734 b 1retained by the court in Section 8 of this Act and in 2accordance with Supreme Court rules promulgated pursuant to 3this Act, Administrative Hearing Officers shall be authorized 4to: 5 (1) Accept voluntary agreements reached by the parties 6 setting the amount of child support to be paid and medical 7 support liability and recommend the entry of orders 8 incorporating such agreements. 9 (2) Accept voluntary acknowledgments of parentage and 10 recommend entry of an order establishing parentage based on 11 such acknowledgement. Prior to accepting such 12 acknowledgment, the Administrative Hearing Officer shall 13 advise the putative father of his rights and obligations in 14 accordance with Supreme Court rules promulgated pursuant 15 to this Act. 16 (3) Manage all stages of discovery, including setting 17 deadlines by which discovery must be completed; and 18 directing the parties to submit to appropriate tests 19 pursuant to Section 11 of the Illinois Parentage Act of 20 2012 1984. 21 (4) Cause notices to be issued requiring the Obligor to 22 appear either before the Administrative Hearing Officer or 23 in court. 24 (5) Administer the oath or affirmation and take 25 testimony under oath or affirmation. 26 (6) Analyze the evidence and prepare written HB6191- 207 -LRB097 13524 JLS 69734 b 1 recommendations based on such evidence, including but not 2 limited to: (i) proposed findings as to the amount of the 3 Obligor's income; (ii) proposed findings as to the amount 4 and nature of appropriate deductions from the Obligor's 5 income to determine the Obligor's net income; (iii) 6 proposed findings as to the existence of relevant factors 7 as set forth in subsection (a)(2) of Section 505 of the 8 Illinois Marriage and Dissolution of Marriage Act, which 9 justify setting child support payment levels above or below 10 the guidelines; (iv) recommended orders for temporary 11 child support; (v) recommended orders setting the amount of 12 current child support to be paid; (vi) proposed findings as 13 to the existence and amount of any arrearages; (vii) 14 recommended orders reducing any arrearages to judgement 15 and for the payment of amounts towards such arrearages; 16 (viii) proposed findings as to whether there has been a 17 substantial change of circumstances since the entry of the 18 last child support order, or other circumstances 19 justifying a modification of the child support order; and 20 (ix) proposed findings as to whether the Obligor is 21 employed. 22 (7) With respect to any unemployed Obligor who is not 23 making child support payments or is otherwise unable to 24 provide support, recommend that the Obligor be ordered to 25 seek employment and report periodically of his or her 26 efforts in accordance with such order. Additionally, the HB6191- 208 -LRB097 13524 JLS 69734 b 1 Administrative Hearing Officer may recommend that the 2 Obligor be ordered to report to the Department of 3 Employment Security for job search services or to make 4 application with the local Job Training Partnership Act 5 provider for participation in job search, training or work 6 programs and, where the duty of support is owed to a child 7 receiving child support enforcement services under Article 8 X of the Illinois Public Aid Code, the Administrative 9 Hearing Officer may recommend that the Obligor be ordered 10 to report to the Department of Healthcare and Family 11 Services for participation in the job search, training or 12 work programs established under Section 9-6 of the Illinois 13 Public Aid Code. 14 (8) Recommend the registration of any foreign support 15 judgments or orders as the judgments or orders of Illinois. 16 (b) In any case in which the Obligee is not participating 17in the IV-D program or has not applied to participate in the 18IV-D program, the Administrative Hearing Officer shall: 19 (1) inform the Obligee of the existence of the IV-D 20 program and provide applications on request; and 21 (2) inform the Obligee and the Obligor of the option of 22 requesting payment to be made through the Clerk of the 23 Circuit Court. 24 If a request for payment through the Clerk is made, the 25Administrative Hearing Officer shall note this fact in the 26recommendations to the court. HB6191- 209 -LRB097 13524 JLS 69734 b 1 (c) The Administrative Hearing Officer may make 2recommendations in addition to the proposed findings of fact 3and recommended order to which the parties have agreed. 4(Source: P.A. 95-331, eff. 8-21-07.) 5 Section 970. The Income Withholding for Support Act is 6amended by changing Section 15 as follows: 7 (750 ILCS 28/15) 8 Sec. 15. Definitions. 9 (a) "Order for support" means any order of the court which 10provides for periodic payment of funds for the support of a 11child or maintenance of a spouse, whether temporary or final, 12and includes any such order which provides for: 13 (1) modification or resumption of, or payment of 14 arrearage, including interest, accrued under, a previously 15 existing order; 16 (2) reimbursement of support; 17 (3) payment or reimbursement of the expenses of 18 pregnancy and delivery (for orders for support entered 19 under the Illinois Parentage Act of 1984 or its predecessor 20 the Paternity Act or under the Illinois Parentage Act of 21 2012); or 22 (4) enrollment in a health insurance plan that is 23 available to the obligor through an employer or labor union 24 or trade union. HB6191- 210 -LRB097 13524 JLS 69734 b 1 (b) "Arrearage" means the total amount of unpaid support 2obligations, including interest, as determined by the court and 3incorporated into an order for support. 4 (b-5) "Business day" means a day on which State offices are 5open for regular business. 6 (c) "Delinquency" means any payment, including a payment of 7interest, under an order for support which becomes due and 8remains unpaid after entry of the order for support. 9 (d) "Income" means any form of periodic payment to an 10individual, regardless of source, including, but not limited 11to: wages, salary, commission, compensation as an independent 12contractor, workers' compensation, disability, annuity, 13pension, and retirement benefits, lottery prize awards, 14insurance proceeds, vacation pay, bonuses, profit-sharing 15payments, severance pay, interest, and any other payments, made 16by any person, private entity, federal or state government, any 17unit of local government, school district or any entity created 18by Public Act; however, "income" excludes: 19 (1) any amounts required by law to be withheld, other 20 than creditor claims, including, but not limited to, 21 federal, State and local taxes, Social Security and other 22 retirement and disability contributions; 23 (2) union dues; 24 (3) any amounts exempted by the federal Consumer Credit 25 Protection Act; 26 (4) public assistance payments; and HB6191- 211 -LRB097 13524 JLS 69734 b 1 (5) unemployment insurance benefits except as provided 2 by law. 3 Any other State or local laws which limit or exempt income 4or the amount or percentage of income that can be withheld 5shall not apply. 6 (e) "Obligor" means the individual who owes a duty to make 7payments under an order for support. 8 (f) "Obligee" means the individual to whom a duty of 9support is owed or the individual's legal representative. 10 (g) "Payor" means any payor of income to an obligor. 11 (h) "Public office" means any elected official or any State 12or local agency which is or may become responsible by law for 13enforcement of, or which is or may become authorized to 14enforce, an order for support, including, but not limited to: 15the Attorney General, the Illinois Department of Healthcare and 16Family Services, the Illinois Department of Human Services, the 17Illinois Department of Children and Family Services, and the 18various State's Attorneys, Clerks of the Circuit Court and 19supervisors of general assistance. 20 (i) "Premium" means the dollar amount for which the obligor 21is liable to his employer or labor union or trade union and 22which must be paid to enroll or maintain a child in a health 23insurance plan that is available to the obligor through an 24employer or labor union or trade union. 25 (j) "State Disbursement Unit" means the unit established to 26collect and disburse support payments in accordance with the HB6191- 212 -LRB097 13524 JLS 69734 b 1provisions of Section 10-26 of the Illinois Public Aid Code. 2 (k) "Title IV-D Agency" means the agency of this State 3charged by law with the duty to administer the child support 4enforcement program established under Title IV, Part D of the 5Social Security Act and Article X of the Illinois Public Aid 6Code. 7 (l) "Title IV-D case" means a case in which an obligee or 8obligor is receiving child support enforcement services under 9Title IV, Part D of the Social Security Act and Article X of 10the Illinois Public Aid Code. 11 (m) "National Medical Support Notice" means the notice 12required for enforcement of orders for support providing for 13health insurance coverage of a child under Title IV, Part D of 14the Social Security Act, the Employee Retirement Income 15Security Act of 1974, and federal regulations promulgated under 16those Acts. 17 (n) "Employer" means a payor or labor union or trade union 18with an employee group health insurance plan and, for purposes 19of the National Medical Support Notice, also includes but is 20not limited to: 21 (1) any State or local governmental agency with a group 22 health plan; and 23 (2) any payor with a group health plan or "church plan" 24 covered under the Employee Retirement Income Security Act 25 of 1974. 26(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685, HB6191- 213 -LRB097 13524 JLS 69734 b 1eff. 10-23-07.) 2 Section 971. The Gestational Surrogacy Act is amended by 3changing Section 35 as follows: 4 (750 ILCS 47/35) 5 Sec. 35. Establishment of the parent-child relationship. 6 (a) For purposes of the Illinois Parentage Act of 2012 71984, a parent-child relationship shall be established prior to 8the birth of a child born through gestational surrogacy if, in 9addition to satisfying the requirements of Articles 2 and 3 10Sections 5 and 6 of the Illinois Parentage Act of 2012 1984, 11the attorneys representing both the gestational surrogate and 12the intended parent or parents certify that the parties entered 13into a gestational surrogacy contract intended to satisfy the 14requirements of Section 25 of this Act with respect to the 15child. 16 (b) The attorneys' certifications required by subsection 17(a) of this Section shall be filed on forms prescribed by the 18Illinois Department of Public Health and in a manner consistent 19with the requirement of the Illinois Parentage Act of 2012 201984. 21(Source: P.A. 93-921, eff. 1-1-05.) 22 Section 972. The Adoption Act is amended by changing 23Sections 1, 8, 12a, and 18.06 as follows: HB6191- 214 -LRB097 13524 JLS 69734 b 1 (750 ILCS 50/1) (from Ch. 40, par. 1501) 2 Sec. 1. Definitions. When used in this Act, unless the 3context otherwise requires: 4 A. "Child" means a person under legal age subject to 5adoption under this Act. 6 B. "Related child" means a child subject to adoption where 7either or both of the adopting parents stands in any of the 8following relationships to the child by blood or marriage: 9parent, grand-parent, brother, sister, step-parent, 10step-grandparent, step-brother, step-sister, uncle, aunt, 11great-uncle, great-aunt, or cousin of first degree. A child 12whose parent has executed a final irrevocable consent to 13adoption or a final irrevocable surrender for purposes of 14adoption, or whose parent has had his or her parental rights 15terminated, is not a related child to that person, unless the 16consent is determined to be void or is void pursuant to 17subsection O of Section 10. 18 C. "Agency" for the purpose of this Act means a public 19child welfare agency or a licensed child welfare agency. 20 D. "Unfit person" means any person whom the court shall 21find to be unfit to have a child, without regard to the 22likelihood that the child will be placed for adoption. The 23grounds of unfitness are any one or more of the following, 24except that a person shall not be considered an unfit person 25for the sole reason that the person has relinquished a child in HB6191- 215 -LRB097 13524 JLS 69734 b 1accordance with the Abandoned Newborn Infant Protection Act: 2 (a) Abandonment of the child. 3 (a-1) Abandonment of a newborn infant in a hospital. 4 (a-2) Abandonment of a newborn infant in any setting 5 where the evidence suggests that the parent intended to 6 relinquish his or her parental rights. 7 (b) Failure to maintain a reasonable degree of 8 interest, concern or responsibility as to the child's 9 welfare. 10 (c) Desertion of the child for more than 3 months next 11 preceding the commencement of the Adoption proceeding. 12 (d) Substantial neglect of the child if continuous or 13 repeated. 14 (d-1) Substantial neglect, if continuous or repeated, 15 of any child residing in the household which resulted in 16 the death of that child. 17 (e) Extreme or repeated cruelty to the child. 18 (f) There is a rebuttable presumption, which can be 19 overcome only by clear and convincing evidence, that a 20 parent is unfit if: 21 (1) Two or more findings of physical abuse have 22 been entered regarding any children under Section 2-21 23 of the Juvenile Court Act of 1987, the most recent of 24 which was determined by the juvenile court hearing the 25 matter to be supported by clear and convincing 26 evidence; or HB6191- 216 -LRB097 13524 JLS 69734 b 1 (2) The parent has been convicted or found not 2 guilty by reason of insanity and the conviction or 3 finding resulted from the death of any child by 4 physical abuse; or 5 (3) There is a finding of physical child abuse 6 resulting from the death of any child under Section 7 2-21 of the Juvenile Court Act of 1987. 8 No conviction or finding of delinquency pursuant 9 to Article 5 of the Juvenile Court Act of 1987 shall be 10 considered a criminal conviction for the purpose of 11 applying any presumption under this item (f). 12 (g) Failure to protect the child from conditions within 13 his environment injurious to the child's welfare. 14 (h) Other neglect of, or misconduct toward the child; 15 provided that in making a finding of unfitness the court 16 hearing the adoption proceeding shall not be bound by any 17 previous finding, order or judgment affecting or 18 determining the rights of the parents toward the child 19 sought to be adopted in any other proceeding except such 20 proceedings terminating parental rights as shall be had 21 under either this Act, the Juvenile Court Act or the 22 Juvenile Court Act of 1987. 23 (i) Depravity. Conviction of any one of the following 24 crimes shall create a presumption that a parent is depraved 25 which can be overcome only by clear and convincing 26 evidence: (1) first degree murder in violation of paragraph HB6191- 217 -LRB097 13524 JLS 69734 b 1 1 or 2 of subsection (a) of Section 9-1 of the Criminal 2 Code of 1961 or conviction of second degree murder in 3 violation of subsection (a) of Section 9-2 of the Criminal 4 Code of 1961 of a parent of the child to be adopted; (2) 5 first degree murder or second degree murder of any child in 6 violation of the Criminal Code of 1961; (3) attempt or 7 conspiracy to commit first degree murder or second degree 8 murder of any child in violation of the Criminal Code of 9 1961; (4) solicitation to commit murder of any child, 10 solicitation to commit murder of any child for hire, or 11 solicitation to commit second degree murder of any child in 12 violation of the Criminal Code of 1961; (5) predatory 13 criminal sexual assault of a child in violation of Section 14 11-1.40 or 12-14.1 of the Criminal Code of 1961; (6) 15 heinous battery of any child in violation of the Criminal 16 Code of 1961; or (7) aggravated battery of any child in 17 violation of the Criminal Code of 1961. 18 There is a rebuttable presumption that a parent is 19 depraved if the parent has been criminally convicted of at 20 least 3 felonies under the laws of this State or any other 21 state, or under federal law, or the criminal laws of any 22 United States territory; and at least one of these 23 convictions took place within 5 years of the filing of the 24 petition or motion seeking termination of parental rights. 25 There is a rebuttable presumption that a parent is 26 depraved if that parent has been criminally convicted of HB6191- 218 -LRB097 13524 JLS 69734 b 1 either first or second degree murder of any person as 2 defined in the Criminal Code of 1961 within 10 years of the 3 filing date of the petition or motion to terminate parental 4 rights. 5 No conviction or finding of delinquency pursuant to 6 Article 5 of the Juvenile Court Act of 1987 shall be 7 considered a criminal conviction for the purpose of 8 applying any presumption under this item (i). 9 (j) Open and notorious adultery or fornication. 10 (j-1) (Blank). 11 (k) Habitual drunkenness or addiction to drugs, other 12 than those prescribed by a physician, for at least one year 13 immediately prior to the commencement of the unfitness 14 proceeding. 15 There is a rebuttable presumption that a parent is 16 unfit under this subsection with respect to any child to 17 which that parent gives birth where there is a confirmed 18 test result that at birth the child's blood, urine, or 19 meconium contained any amount of a controlled substance as 20 defined in subsection (f) of Section 102 of the Illinois 21 Controlled Substances Act or metabolites of such 22 substances, the presence of which in the newborn infant was 23 not the result of medical treatment administered to the 24 mother or the newborn infant; and the biological mother of 25 this child is the biological mother of at least one other 26 child who was adjudicated a neglected minor under HB6191- 219 -LRB097 13524 JLS 69734 b 1 subsection (c) of Section 2-3 of the Juvenile Court Act of 2 1987. 3 (l) Failure to demonstrate a reasonable degree of 4 interest, concern or responsibility as to the welfare of a 5 new born child during the first 30 days after its birth. 6 (m) Failure by a parent (i) to make reasonable efforts 7 to correct the conditions that were the basis for the 8 removal of the child from the parent, or (ii) to make 9 reasonable progress toward the return of the child to the 10 parent within 9 months after an adjudication of neglected 11 or abused minor under Section 2-3 of the Juvenile Court Act 12 of 1987 or dependent minor under Section 2-4 of that Act, 13 or (iii) to make reasonable progress toward the return of 14 the child to the parent during any 9-month period after the 15 end of the initial 9-month period following the 16 adjudication of neglected or abused minor under Section 2-3 17 of the Juvenile Court Act of 1987 or dependent minor under 18 Section 2-4 of that Act. If a service plan has been 19 established as required under Section 8.2 of the Abused and 20 Neglected Child Reporting Act to correct the conditions 21 that were the basis for the removal of the child from the 22 parent and if those services were available, then, for 23 purposes of this Act, "failure to make reasonable progress 24 toward the return of the child to the parent" includes (I) 25 the parent's failure to substantially fulfill his or her 26 obligations under the service plan and correct the HB6191- 220 -LRB097 13524 JLS 69734 b 1 conditions that brought the child into care within 9 months 2 after the adjudication under Section 2-3 or 2-4 of the 3 Juvenile Court Act of 1987 and (II) the parent's failure to 4 substantially fulfill his or her obligations under the 5 service plan and correct the conditions that brought the 6 child into care during any 9-month period after the end of 7 the initial 9-month period following the adjudication 8 under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. 9 Notwithstanding any other provision, when a petition or 10 motion seeks to terminate parental rights on the basis of 11 item (iii) of this subsection (m), the petitioner shall 12 file with the court and serve on the parties a pleading 13 that specifies the 9-month period or periods relied on. The 14 pleading shall be filed and served on the parties no later 15 than 3 weeks before the date set by the court for closure 16 of discovery, and the allegations in the pleading shall be 17 treated as incorporated into the petition or motion. 18 Failure of a respondent to file a written denial of the 19 allegations in the pleading shall not be treated as an 20 admission that the allegations are true. 21 (m-1) Pursuant to the Juvenile Court Act of 1987, a 22 child has been in foster care for 15 months out of any 22 23 month period which begins on or after the effective date of 24 this amendatory Act of 1998 unless the child's parent can 25 prove by a preponderance of the evidence that it is more 26 likely than not that it will be in the best interests of HB6191- 221 -LRB097 13524 JLS 69734 b 1 the child to be returned to the parent within 6 months of 2 the date on which a petition for termination of parental 3 rights is filed under the Juvenile Court Act of 1987. The 4 15 month time limit is tolled during any period for which 5 there is a court finding that the appointed custodian or 6 guardian failed to make reasonable efforts to reunify the 7 child with his or her family, provided that (i) the finding 8 of no reasonable efforts is made within 60 days of the 9 period when reasonable efforts were not made or (ii) the 10 parent filed a motion requesting a finding of no reasonable 11 efforts within 60 days of the period when reasonable 12 efforts were not made. For purposes of this subdivision 13 (m-1), the date of entering foster care is the earlier of: 14 (i) the date of a judicial finding at an adjudicatory 15 hearing that the child is an abused, neglected, or 16 dependent minor; or (ii) 60 days after the date on which 17 the child is removed from his or her parent, guardian, or 18 legal custodian. 19 (n) Evidence of intent to forgo his or her parental 20 rights, whether or not the child is a ward of the court, 21 (1) as manifested by his or her failure for a period of 12 22 months: (i) to visit the child, (ii) to communicate with 23 the child or agency, although able to do so and not 24 prevented from doing so by an agency or by court order, or 25 (iii) to maintain contact with or plan for the future of 26 the child, although physically able to do so, or (2) as HB6191- 222 -LRB097 13524 JLS 69734 b 1 manifested by the father's failure, where he and the mother 2 of the child were unmarried to each other at the time of 3 the child's birth, (i) to commence legal proceedings to 4 establish his paternity under the Illinois Parentage Act of 5 1984, the Illinois Parentage Act of 2012, or the law of the 6 jurisdiction of the child's birth within 30 days of being 7 informed, pursuant to Section 12a of this Act, that he is 8 the father or the likely father of the child or, after 9 being so informed where the child is not yet born, within 10 30 days of the child's birth, or (ii) to make a good faith 11 effort to pay a reasonable amount of the expenses related 12 to the birth of the child and to provide a reasonable 13 amount for the financial support of the child, the court to 14 consider in its determination all relevant circumstances, 15 including the financial condition of both parents; 16 provided that the ground for termination provided in this 17 subparagraph (n)(2)(ii) shall only be available where the 18 petition is brought by the mother or the husband of the 19 mother. 20 Contact or communication by a parent with his or her 21 child that does not demonstrate affection and concern does 22 not constitute reasonable contact and planning under 23 subdivision (n). In the absence of evidence to the 24 contrary, the ability to visit, communicate, maintain 25 contact, pay expenses and plan for the future shall be 26 presumed. The subjective intent of the parent, whether HB6191- 223 -LRB097 13524 JLS 69734 b 1 expressed or otherwise, unsupported by evidence of the 2 foregoing parental acts manifesting that intent, shall not 3 preclude a determination that the parent has intended to 4 forgo his or her parental rights. In making this 5 determination, the court may consider but shall not require 6 a showing of diligent efforts by an authorized agency to 7 encourage the parent to perform the acts specified in 8 subdivision (n). 9 It shall be an affirmative defense to any allegation 10 under paragraph (2) of this subsection that the father's 11 failure was due to circumstances beyond his control or to 12 impediments created by the mother or any other person 13 having legal custody. Proof of that fact need only be by a 14 preponderance of the evidence. 15 (o) Repeated or continuous failure by the parents, 16 although physically and financially able, to provide the 17 child with adequate food, clothing, or shelter. 18 (p) Inability to discharge parental responsibilities 19 supported by competent evidence from a psychiatrist, 20 licensed clinical social worker, or clinical psychologist 21 of mental impairment, mental illness or an intellectual 22 disability as defined in Section 1-116 of the Mental Health 23 and Developmental Disabilities Code, or developmental 24 disability as defined in Section 1-106 of that Code, and 25 there is sufficient justification to believe that the 26 inability to discharge parental responsibilities shall HB6191- 224 -LRB097 13524 JLS 69734 b 1 extend beyond a reasonable time period. However, this 2 subdivision (p) shall not be construed so as to permit a 3 licensed clinical social worker to conduct any medical 4 diagnosis to determine mental illness or mental 5 impairment. 6 (q) (Blank). 7 (r) The child is in the temporary custody or 8 guardianship of the Department of Children and Family 9 Services, the parent is incarcerated as a result of 10 criminal conviction at the time the petition or motion for 11 termination of parental rights is filed, prior to 12 incarceration the parent had little or no contact with the 13 child or provided little or no support for the child, and 14 the parent's incarceration will prevent the parent from 15 discharging his or her parental responsibilities for the 16 child for a period in excess of 2 years after the filing of 17 the petition or motion for termination of parental rights. 18 (s) The child is in the temporary custody or 19 guardianship of the Department of Children and Family 20 Services, the parent is incarcerated at the time the 21 petition or motion for termination of parental rights is 22 filed, the parent has been repeatedly incarcerated as a 23 result of criminal convictions, and the parent's repeated 24 incarceration has prevented the parent from discharging 25 his or her parental responsibilities for the child. 26 (t) A finding that at birth the child's blood, urine, HB6191- 225 -LRB097 13524 JLS 69734 b 1 or meconium contained any amount of a controlled substance 2 as defined in subsection (f) of Section 102 of the Illinois 3 Controlled Substances Act, or a metabolite of a controlled 4 substance, with the exception of controlled substances or 5 metabolites of such substances, the presence of which in 6 the newborn infant was the result of medical treatment 7 administered to the mother or the newborn infant, and that 8 the biological mother of this child is the biological 9 mother of at least one other child who was adjudicated a 10 neglected minor under subsection (c) of Section 2-3 of the 11 Juvenile Court Act of 1987, after which the biological 12 mother had the opportunity to enroll in and participate in 13 a clinically appropriate substance abuse counseling, 14 treatment, and rehabilitation program. 15 E. "Parent" means the father or mother of a lawful child of 16the parties or child born out of wedlock. For the purpose of 17this Act, a person who has executed a final and irrevocable 18consent to adoption or a final and irrevocable surrender for 19purposes of adoption, or whose parental rights have been 20terminated by a court, is not a parent of the child who was the 21subject of the consent or surrender, unless the consent is void 22pursuant to subsection O of Section 10. 23 F. A person is available for adoption when the person is: 24 (a) a child who has been surrendered for adoption to an 25 agency and to whose adoption the agency has thereafter 26 consented; HB6191- 226 -LRB097 13524 JLS 69734 b 1 (b) a child to whose adoption a person authorized by 2 law, other than his parents, has consented, or to whose 3 adoption no consent is required pursuant to Section 8 of 4 this Act; 5 (c) a child who is in the custody of persons who intend 6 to adopt him through placement made by his parents; 7 (c-1) a child for whom a parent has signed a specific 8 consent pursuant to subsection O of Section 10; 9 (d) an adult who meets the conditions set forth in 10 Section 3 of this Act; or 11 (e) a child who has been relinquished as defined in 12 Section 10 of the Abandoned Newborn Infant Protection Act. 13 A person who would otherwise be available for adoption 14shall not be deemed unavailable for adoption solely by reason 15of his or her death. 16 G. The singular includes the plural and the plural includes 17the singular and the "male" includes the "female", as the 18context of this Act may require. 19 H. "Adoption disruption" occurs when an adoptive placement 20does not prove successful and it becomes necessary for the 21child to be removed from placement before the adoption is 22finalized. 23 I. "Foreign placing agency" is an agency or individual 24operating in a country or territory outside the United States 25that is authorized by its country to place children for 26adoption either directly with families in the United States or HB6191- 227 -LRB097 13524 JLS 69734 b 1through United States based international agencies. 2 J. "Immediate relatives" means the biological parents, the 3parents of the biological parents and siblings of the 4biological parents. 5 K. "Intercountry adoption" is a process by which a child 6from a country other than the United States is adopted. 7 L. "Intercountry Adoption Coordinator" is a staff person of 8the Department of Children and Family Services appointed by the 9Director to coordinate the provision of services by the public 10and private sector to prospective parents of foreign-born 11children. 12 M. "Interstate Compact on the Placement of Children" is a 13law enacted by most states for the purpose of establishing 14uniform procedures for handling the interstate placement of 15children in foster homes, adoptive homes, or other child care 16facilities. 17 N. "Non-Compact state" means a state that has not enacted 18the Interstate Compact on the Placement of Children. 19 O. "Preadoption requirements" are any conditions 20established by the laws or regulations of the Federal 21Government or of each state that must be met prior to the 22placement of a child in an adoptive home. 23 P. "Abused child" means a child whose parent or immediate 24family member, or any person responsible for the child's 25welfare, or any individual residing in the same home as the 26child, or a paramour of the child's parent: HB6191- 228 -LRB097 13524 JLS 69734 b 1 (a) inflicts, causes to be inflicted, or allows to be 2 inflicted upon the child physical injury, by other than 3 accidental means, that causes death, disfigurement, 4 impairment of physical or emotional health, or loss or 5 impairment of any bodily function; 6 (b) creates a substantial risk of physical injury to 7 the child by other than accidental means which would be 8 likely to cause death, disfigurement, impairment of 9 physical or emotional health, or loss or impairment of any 10 bodily function; 11 (c) commits or allows to be committed any sex offense 12 against the child, as sex offenses are defined in the 13 Criminal Code of 1961 and extending those definitions of 14 sex offenses to include children under 18 years of age; 15 (d) commits or allows to be committed an act or acts of 16 torture upon the child; or 17 (e) inflicts excessive corporal punishment. 18 Q. "Neglected child" means any child whose parent or other 19person responsible for the child's welfare withholds or denies 20nourishment or medically indicated treatment including food or 21care denied solely on the basis of the present or anticipated 22mental or physical impairment as determined by a physician 23acting alone or in consultation with other physicians or 24otherwise does not provide the proper or necessary support, 25education as required by law, or medical or other remedial care 26recognized under State law as necessary for a child's HB6191- 229 -LRB097 13524 JLS 69734 b 1well-being, or other care necessary for his or her well-being, 2including adequate food, clothing and shelter; or who is 3abandoned by his or her parents or other person responsible for 4the child's welfare. 5 A child shall not be considered neglected or abused for the 6sole reason that the child's parent or other person responsible 7for his or her welfare depends upon spiritual means through 8prayer alone for the treatment or cure of disease or remedial 9care as provided under Section 4 of the Abused and Neglected 10Child Reporting Act. A child shall not be considered neglected 11or abused for the sole reason that the child's parent or other 12person responsible for the child's welfare failed to vaccinate, 13delayed vaccination, or refused vaccination for the child due 14to a waiver on religious or medical grounds as permitted by 15law. 16 R. "Putative father" means a man who may be a child's 17father, but who (1) is not married to the child's mother on or 18before the date that the child was or is to be born and (2) has 19not established paternity of the child in a court proceeding 20before the filing of a petition for the adoption of the child. 21The term includes a male who is less than 18 years of age. 22"Putative father" does not mean a man who is the child's father 23as a result of criminal sexual abuse or assault as defined 24under Article 12 of the Criminal Code of 1961. 25 S. "Standby adoption" means an adoption in which a parent 26consents to custody and termination of parental rights to HB6191- 230 -LRB097 13524 JLS 69734 b 1become effective upon the occurrence of a future event, which 2is either the death of the parent or the request of the parent 3for the entry of a final judgment of adoption. 4 T. (Blank). 5(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; 6revised 9-15-11.) 7 (750 ILCS 50/8) (from Ch. 40, par. 1510) 8 Sec. 8. Consents to adoption and surrenders for purposes of 9adoption. 10 (a) Except as hereinafter provided in this Section consents 11or surrenders shall be required in all cases, unless the person 12whose consent or surrender would otherwise be required shall be 13found by the court: 14 (1) to be an unfit person as defined in Section 1 of 15 this Act, by clear and convincing evidence; or 16 (2) not to be the biological or adoptive father of the 17 child; or 18 (3) to have waived his parental rights to the child 19 under Section 12a or 12.1 or subsection S of Section 10 of 20 this Act; or 21 (4) to be the parent of an adult sought to be adopted; 22 or 23 (5) to be the father of the child as a result of 24 criminal sexual abuse or assault as defined under Article 25 12 of the Criminal Code of 1961; or HB6191- 231 -LRB097 13524 JLS 69734 b 1 (6) to be the father of a child who: 2 (i) is a family member of the mother of the child, 3 and the mother is under the age of 18 at the time of 4 the child's conception; for purposes of this 5 subsection, a "family member" is a parent, 6 step-parent, grandparent, step-grandparent, sibling, 7 or cousin of the first degree, whether by whole blood, 8 half-blood, or adoption, as well as a person age 18 or 9 over at the time of the child's conception who has 10 resided in the household with the mother continuously 11 for at least one year; or 12 (ii) is at least 5 years older than the child's 13 mother, and the mother was under the age of 17 at the 14 time of the child's conception, unless the mother and 15 father voluntarily acknowledge the father's paternity 16 of the child by marrying or by establishing the 17 father's paternity by consent of the parties pursuant 18 to the Illinois Parentage Act of 2012 1984 or pursuant 19 to a substantially similar statute in another state. 20 A criminal conviction of any offense pursuant to 21 Article 12 of the Criminal Code of 1961 is not required. 22 (b) Where consents are required in the case of an adoption 23of a minor child, the consents of the following persons shall 24be sufficient: 25 (1) (A) The mother of the minor child; and 26 (B) The father of the minor child, if the father: HB6191- 232 -LRB097 13524 JLS 69734 b 1 (i) was married to the mother on the date of 2 birth of the child or within 300 days before the 3 birth of the child, except for a husband or former 4 husband who has been found by a court of competent 5 jurisdiction not to be the biological father of the 6 child; or 7 (ii) is the father of the child under a 8 judgment for adoption, an order of parentage, or an 9 acknowledgment of parentage or paternity pursuant 10 to subsection (a) of Section 5 of the Illinois 11 Parentage Act of 1984 or pursuant to Article 3 of 12 the Illinois Parentage Act of 2012; or 13 (iii) in the case of a child placed with the 14 adopting parents less than 6 months after birth, 15 openly lived with the child, the child's 16 biological mother, or both, and held himself out to 17 be the child's biological father during the first 18 30 days following the birth of the child; or 19 (iv) in the case of a child placed with the 20 adopting parents less than 6 months after birth, 21 made a good faith effort to pay a reasonable amount 22 of the expenses related to the birth of the child 23 and to provide a reasonable amount for the 24 financial support of the child before the 25 expiration of 30 days following the birth of the 26 child, provided that the court may consider in its HB6191- 233 -LRB097 13524 JLS 69734 b 1 determination all relevant circumstances, 2 including the financial condition of both 3 biological parents; or 4 (v) in the case of a child placed with the 5 adopting parents more than 6 months after birth, 6 has maintained substantial and continuous or 7 repeated contact with the child as manifested by: 8 (I) the payment by the father toward the support of 9 the child of a fair and reasonable sum, according 10 to the father's means, and either (II) the father's 11 visiting the child at least monthly when 12 physically and financially able to do so and not 13 prevented from doing so by the person or authorized 14 agency having lawful custody of the child, or (III) 15 the father's regular communication with the child 16 or with the person or agency having the care or 17 custody of the child, when physically and 18 financially unable to visit the child or prevented 19 from doing so by the person or authorized agency 20 having lawful custody of the child. The subjective 21 intent of the father, whether expressed or 22 otherwise unsupported by evidence of acts 23 specified in this sub-paragraph as manifesting 24 such intent, shall not preclude a determination 25 that the father failed to maintain substantial and 26 continuous or repeated contact with the child; or HB6191- 234 -LRB097 13524 JLS 69734 b 1 (vi) in the case of a child placed with the 2 adopting parents more than six months after birth, 3 openly lived with the child for a period of six 4 months within the one year period immediately 5 preceding the placement of the child for adoption 6 and openly held himself out to be the father of the 7 child; or 8 (vii) has timely registered with Putative 9 Father Registry, as provided in Section 12.1 of 10 this Act, and prior to the expiration of 30 days 11 from the date of such registration, commenced 12 legal proceedings to establish paternity under the 13 Illinois Parentage Act of 1984, under the Illinois 14 Parentage Act of 2012, or under the law of the 15 jurisdiction of the child's birth; or 16 (2) The legal guardian of the person of the child, if 17 there is no surviving parent; or 18 (3) An agency, if the child has been surrendered for 19 adoption to such agency; or 20 (4) Any person or agency having legal custody of a 21 child by court order if the parental rights of the parents 22 have been judicially terminated, and the court having 23 jurisdiction of the guardianship of the child has 24 authorized the consent to the adoption; or 25 (5) The execution and verification of the petition by 26 any petitioner who is also a parent of the child sought to HB6191- 235 -LRB097 13524 JLS 69734 b 1 be adopted shall be sufficient evidence of such parent's 2 consent to the adoption. 3 (c) Where surrenders to an agency are required in the case 4of a placement for adoption of a minor child by an agency, the 5surrenders of the following persons shall be sufficient: 6 (1) (A) The mother of the minor child; and 7 (B) The father of the minor child, if the father: 8 (i) was married to the mother on the date of 9 birth of the child or within 300 days before the 10 birth of the child, except for a husband or former 11 husband who has been found by a court of competent 12 jurisdiction not to be the biological father of the 13 child; or 14 (ii) is the father of the child under a 15 judgment for adoption, an order of parentage, or an 16 acknowledgment of parentage or paternity pursuant 17 to subsection (a) of Section 5 of the Illinois 18 Parentage Act of 1984 or pursuant to Article 3 of 19 the Illinois Parentage Act of 2012; or 20 (iii) in the case of a child placed with the 21 adopting parents less than 6 months after birth, 22 openly lived with the child, the child's 23 biological mother, or both, and held himself out to 24 be the child's biological father during the first 25 30 days following the birth of a child; or 26 (iv) in the case of a child placed with the HB6191- 236 -LRB097 13524 JLS 69734 b 1 adopting parents less than 6 months after birth, 2 made a good faith effort to pay a reasonable amount 3 of the expenses related to the birth of the child 4 and to provide a reasonable amount for the 5 financial support of the child before the 6 expiration of 30 days following the birth of the 7 child, provided that the court may consider in its 8 determination all relevant circumstances, 9 including the financial condition of both 10 biological parents; or 11 (v) in the case of a child placed with the 12 adopting parents more than six months after birth, 13 has maintained substantial and continuous or 14 repeated contact with the child as manifested by: 15 (I) the payment by the father toward the support of 16 the child of a fair and reasonable sum, according 17 to the father's means, and either (II) the father's 18 visiting the child at least monthly when 19 physically and financially able to do so and not 20 prevented from doing so by the person or authorized 21 agency having lawful custody of the child or (III) 22 the father's regular communication with the child 23 or with the person or agency having the care or 24 custody of the child, when physically and 25 financially unable to visit the child or prevented 26 from doing so by the person or authorized agency HB6191- 237 -LRB097 13524 JLS 69734 b 1 having lawful custody of the child. The subjective 2 intent of the father, whether expressed or 3 otherwise, unsupported by evidence of acts 4 specified in this sub-paragraph as manifesting 5 such intent, shall not preclude a determination 6 that the father failed to maintain substantial and 7 continuous or repeated contact with the child; or 8 (vi) in the case of a child placed with the 9 adopting parents more than six months after birth, 10 openly lived with the child for a period of six 11 months within the one year period immediately 12 preceding the placement of the child for adoption 13 and openly held himself out to be the father of the 14 child; or 15 (vii) has timely registered with the Putative 16 Father Registry, as provided in Section 12.1 of 17 this Act, and prior to the expiration of 30 days 18 from the date of such registration, commenced 19 legal proceedings to establish paternity under the 20 Illinois Parentage Act of 1984, under the Illinois 21 Parentage Act of 2012, or under the law of the 22 jurisdiction of the child's birth. 23 (d) In making a determination under subparagraphs (b)(1) 24and (c)(1), no showing shall be required of diligent efforts by 25a person or agency to encourage the father to perform the acts 26specified therein. HB6191- 238 -LRB097 13524 JLS 69734 b 1 (e) In the case of the adoption of an adult, only the 2consent of such adult shall be required. 3(Source: P.A. 97-493, eff. 8-22-11.) 4 (750 ILCS 50/12a) (from Ch. 40, par. 1515) 5 Sec. 12a. Notice to putative father. 6 1. Upon the written request to any Clerk of any Circuit 7Court, and upon the payment of a filing fee of $10.00, by any 8interested party, including persons intending to adopt a child, 9a child welfare agency with whom the mother has placed or has 10given written notice of her intention to place a child for 11adoption, the mother of a child, or any attorney representing 12an interested party, a notice, the declaration of paternity and 13the disclaimer of paternity may be served on a putative father 14in the same manner as Summons is served in other civil 15proceedings, or, in lieu of personal service, service may be 16made as follows: 17 (a) The person requesting notice shall pay to the Clerk 18 of the Court a mailing fee of $2 plus the cost of U. S. 19 postage for certified or registered mail and furnish to the 20 Clerk an original and one copy of a notice, the declaration 21 of paternity and the disclaimer of paternity together with 22 an Affidavit setting forth the putative father's last known 23 address. The original notice, the declaration of paternity 24 and the disclaimer of paternity shall be retained by the 25 Clerk. HB6191- 239 -LRB097 13524 JLS 69734 b 1 (b) The Clerk shall forthwith mail to the putative 2 father, at the address appearing in the Affidavit, the copy 3 of the notice, the declaration of paternity and the 4 disclaimer of paternity, by certified mail, return receipt 5 requested; the envelope and return receipt shall bear the 6 return address of the Clerk. The receipt for certified mail 7 shall state the name and address of the addressee, and the 8 date of mailing, and shall be attached to the original 9 notice. 10 (c) The return receipt, when returned to the Clerk, 11 shall be attached to the original notice, the declaration 12 of paternity and the disclaimer of paternity, and shall 13 constitute proof of service. 14 (d) The Clerk shall note the fact of service in a 15 permanent record. 16 2. The notice shall be signed by the Clerk, and may be 17served on the putative father at any time after conception, and 18shall read as follows: 19 "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER. 20 You have been identified as the father of a child born or 21expected to be born on or about (insert date). 22 The mother of the child is..... 23 The mother has indicated that she intends to place the 24child for adoption. 25 As the alleged father of the child, you have certain legal 26rights with respect to the child, including the right to notice HB6191- 240 -LRB097 13524 JLS 69734 b 1of the filing of proceedings instituted for the adoption of the 2child. If you wish to retain your rights with respect to the 3child, you must file with the Clerk of this Circuit Court of 4.... County, Illinois, whose address is ...., Illinois, within 530 days after the date of receipt of this notice, the 6declaration of paternity enclosed herewith stating that you 7are, in fact, the father of the child and that you intend to 8retain your legal rights with respect to the child, or request 9to be notified of any further proceedings with respect to 10custody or adoption of the child. 11 If you do not file such a declaration of paternity, or a 12request for notice, then whatever legal rights you have with 13respect to the child, including the right to notice of any 14future proceedings for the adoption of the child, may be 15terminated without any further notice to you. When your legal 16rights with respect to the child are so terminated, you will 17not be entitled to notice of any proceeding instituted for the 18adoption of the child. 19 If you are not the father of the child, you may file with 20the Clerk of this Court the disclaimer of paternity enclosed 21herewith which will be noted in the Clerk's file and you will 22receive no further notice with respect to the child." 23 The declaration of paternity shall be substantially as 24follows: 25"IN THE CIRCUIT COURT OF THE 26.......... JUDICIAL CIRCUIT, ILLINOIS HB6191- 241 -LRB097 13524 JLS 69734 b 1.......... County 2 ) 3 ) 4 ) No. ) 5 ) 6DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE 7I, ........., state as follows: 8 (1) That I am ......... years of age; and I reside at 9......... in the County of ........., State of ......... 10 (2) That I have been advised that ........ is the mother of 11a ...male child named ........ born or expected to be born on 12or about ......... and that such mother has stated that I am 13the father of this child. 14 (3) I declare that I am the father of this child. 15 (4) I understand that the mother of this child wishes to 16consent to the adoption of this child. I do not consent to the 17adoption of this child, and I understand that I must return 18this initial declaration of parentage form to the Clerk of the 19Circuit Court of ....... County, located at ........., within 2030 days of receipt of this notice. 21 (5) I further understand that I am also obligated to 22establish my paternity pursuant to the Illinois Parentage Act 23of 2012 1984 within 30 days of my receiving this notice or, if 24the child is not yet born, within 30 days after the birth of 25the child. This proceeding is separate and distinct from the 26above mailing of initial declaration of paternity; in this HB6191- 242 -LRB097 13524 JLS 69734 b 1second notice, I must state that I am, in fact, the father of 2said child, and that I intend to retain my legal rights with 3respect to said child, and request to be notified of any 4further proceedings with respect to custody or adoption of the 5child. 6 (6) I hereby enter my appearance in the above entitled 7cause. 8OATH 9 I have been duly sworn and I say under oath that I have 10read and understand this Declaration of Paternity With Entry of 11Appearance. The facts that it contains are true and correct to 12the best of my knowledge, and I understand that by signing this 13document I admit my paternity. I have signed this document as 14my free and voluntary act. 15 ........... 16 (signature) 17Dated (insert date). 18Signed and sworn before me on (insert date). 19 ................ 20 (notary public)". 21 22 The disclaimer of paternity shall be substantially as 23follows: 24"IN THE CIRCUIT COURT OF THE 25.......... JUDICIAL CIRCUIT, ILLINOIS HB6191- 243 -LRB097 13524 JLS 69734 b 1.......... County 2 ) 3 ) 4 ) No. ) 5 ) 6DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE 7AND CONSENT TO ADOPTION 8I, .........., state as follows: 9 (1) That I am ..... years of age; and I reside at 10.......... in the County of .........., State of ........... 11 (2) That I have been advised that .......... is the mother 12of a .....male child named ..... born or expected to be born on 13or about ..... and that such mother has stated that I am the 14father of this child. 15 (3) I deny that I am the father of this child. 16 (4) I further understand that the mother of this child 17wishes to consent to the adoption of the child. I hereby 18consent to the adoption of this child, and waive any rights, 19remedies and defenses that I may now or in the future have as a 20result of the mother's allegation of the paternity of this 21child. This consent is being given in order to facilitate the 22adoption of the child and so that the court may terminate what 23rights I may have to the child as a result of being named the 24father by the mother. This consent is not in any manner an 25admission of paternity. 26 (5) I hereby enter my appearance in the above entitled HB6191- 244 -LRB097 13524 JLS 69734 b 1cause and waive service of summons and other pleading. 2OATH 3 I have been duly sworn and I say under oath that I have 4read and understood this Denial of Paternity With Entry of 5Appearance and Consent to Adoption. The facts it contains are 6true and correct to the best of my knowledge, and I understand 7that by signing this document I have not admitted paternity. I 8have signed this document as my free and voluntary act in order 9to facilitate the adoption of the child. 10 ........... 11 (signature) 12Dated (insert date). 13Signed and sworn before me on (insert date). 14 ................. 15 (notary public)". 16 17 The names of adoptive parents shall not be included in the 18notice. 19 3. If the putative father files a disclaimer of paternity, 20he shall be deemed not to be the father of the child with 21respect to any adoption or other proceeding held to terminate 22the rights of parents as respects such child. 23 4. In the event the putative father does not file a 24declaration of paternity of the child or request for notice 25within 30 days of service of the above notice, he need not be HB6191- 245 -LRB097 13524 JLS 69734 b 1made a party to or given notice of any proceeding brought for 2the adoption of the child. An Order or judgment may be entered 3in such proceeding terminating all of his rights with respect 4to the child without further notice to him. 5 5. If the putative father files a declaration of paternity 6or a request for notice in accordance with subsection 2, with 7respect to the child, he shall be given notice in event any 8proceeding is brought for the adoption of the child. 9 6. The Clerk shall maintain separate numbered files and 10records of requests and proofs of service and all other 11documents filed pursuant to this article. All such records 12shall be impounded. 13(Source: P.A. 91-357, eff. 7-29-99.) 14 (750 ILCS 50/18.06) 15 Sec. 18.06. Definitions. When used in Sections 18.05 16through Section 18.6, for the purposes of the Registry: 17 "Adopted person" means a person who was adopted pursuant to 18the laws in effect at the time of the adoption. 19 "Adoptive parent" means a person who has become a parent 20through the legal process of adoption. 21 "Adult child" means the biological child 21 years of age or 22over of a deceased adopted or surrendered person. 23 "Adult Adopted or Surrendered Person" means an adopted or 24surrendered person 21 years of age or over. 25 "Agency" means a public child welfare agency or a licensed HB6191- 246 -LRB097 13524 JLS 69734 b 1child welfare agency. 2 "Birth aunt" means the adult full or half sister of a 3deceased birth parent. 4 "Birth father" means the biological father of an adopted or 5surrendered person who is named on the original certificate of 6live birth or on a consent or surrender document, or a 7biological father whose paternity has been established by a 8judgment or order of the court, pursuant to the Illinois 9Parentage Act of 1984 or the Illinois Parentage Act of 2012. 10 "Birth mother" means the biological mother of an adopted or 11surrendered person. 12 "Birth parent" means a birth mother or birth father of an 13adopted or surrendered person. 14 "Birth Parent Preference Form" means the form prepared by 15the Department of Public Health pursuant to Section 18.2 16completed by a birth parent registrant and filed with the 17Registry that indicates the birth parent's preferences 18regarding contact and, if applicable, the release of his or her 19identifying information on the non-certified copy of the 20original birth certificate released to an adult adopted or 21surrendered person or to the surviving adult child or surviving 22spouse of a deceased adopted or surrendered person who has 23filed a Request for a Non-Certified Copy of an Original Birth 24Certificate. 25 "Birth relative" means a birth mother, birth father, birth 26sibling, birth aunt, or birth uncle. HB6191- 247 -LRB097 13524 JLS 69734 b 1 "Birth sibling" means the adult full or half sibling of an 2adopted or surrendered person. 3 "Birth uncle" means the adult full or half brother of a 4deceased birth parent. 5 "Confidential intermediary" means an individual certified 6by the Department of Children and Family Services pursuant to 7Section 18.3a(e). 8 "Denial of Information Exchange" means an affidavit 9completed by a registrant with the Illinois Adoption Registry 10and Medical Information Exchange denying the release of 11identifying information which has been filed with the Registry. 12 "Information Exchange Authorization" means an affidavit 13completed by a registrant with the Illinois Adoption Registry 14and Medical Information Exchange authorizing the release of 15identifying information which has been filed with the Registry. 16 "Medical Information Exchange Questionnaire" means the 17medical history questionnaire completed by a registrant of the 18Illinois Adoption Registry and Medical Information Exchange. 19 "Non-certified Copy of the Original Birth Certificate" 20means a non-certified copy of the original certificate of live 21birth of an adult adopted or surrendered person who was born in 22Illinois. 23 "Proof of death" means a death certificate. 24 "Registrant" or "Registered Party" means a birth parent, 25birth sibling, birth aunt, birth uncle, adopted or surrendered 26person 21 years of age or over, adoptive parent or legal HB6191- 248 -LRB097 13524 JLS 69734 b 1guardian of an adopted or surrendered person under the age of 221, or adoptive parent, surviving spouse, or adult child of a 3deceased adopted or surrendered person who has filed an 4Illinois Adoption Registry Application or Registration 5Identification Form with the Registry. 6 "Registry" means the Illinois Adoption Registry and 7Medical Information Exchange. 8 "Request for a Non-Certified Copy of an Original Birth 9Certificate" means an affidavit completed by an adult adopted 10or surrendered person or by the surviving adult child or 11surviving spouse of a deceased adopted or surrendered person 12and filed with the Registry requesting a non-certified copy of 13an adult adopted or surrendered person's original certificate 14of live birth in Illinois. 15 "Surrendered person" means a person whose parents' rights 16have been surrendered or terminated but who has not been 17adopted. 18 "Surviving spouse" means the wife or husband, 21 years of 19age or older, of a deceased adopted or surrendered person who 20would be 21 years of age or older if still alive and who has one 21or more surviving biological children who are under the age of 2221. 23 "18.3 Statement" means a statement regarding the 24disclosure of identifying information signed by a birth parent 25under Section 18.3 of this Act as it existed immediately prior 26to the effective date of this amendatory Act of the 96th HB6191- 249 -LRB097 13524 JLS 69734 b 1General Assembly. 2(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.) 3 Section 973. The Illinois Domestic Violence Act of 1986 is 4amended by changing Sections 202 and 214 as follows: 5 (750 ILCS 60/202) (from Ch. 40, par. 2312-2) 6 Sec. 202. Commencement of action; filing fees; dismissal. 7 (a) How to commence action. Actions for orders of 8protection are commenced: 9 (1) Independently: By filing a petition for an order of 10 protection in any civil court, unless specific courts are 11 designated by local rule or order. 12 (2) In conjunction with another civil proceeding: By 13 filing a petition for an order of protection under the same 14 case number as another civil proceeding involving the 15 parties, including but not limited to: (i) any proceeding 16 under the Illinois Marriage and Dissolution of Marriage 17 Act, Illinois Parentage Act of 2012 1984, Nonsupport of 18 Spouse and Children Act, Revised Uniform Reciprocal 19 Enforcement of Support Act or an action for nonsupport 20 brought under Article 10 of the Illinois Public Aid Code, 21 provided that a petitioner and the respondent are a party 22 to or the subject of that proceeding or (ii) a guardianship 23 proceeding under the Probate Act of 1975, or a proceeding 24 for involuntary commitment under the Mental Health and HB6191- 250 -LRB097 13524 JLS 69734 b 1 Developmental Disabilities Code, or any proceeding, other 2 than a delinquency petition, under the Juvenile Court Act 3 of 1987, provided that a petitioner or the respondent is a 4 party to or the subject of such proceeding. 5 (3) In conjunction with a delinquency petition or a 6 criminal prosecution: By filing a petition for an order of 7 protection, under the same case number as the delinquency 8 petition or criminal prosecution, to be granted during 9 pre-trial release of a defendant, with any dispositional 10 order issued under Section 5-710 of the Juvenile Court Act 11 of 1987 or as a condition of release, supervision, 12 conditional discharge, probation, periodic imprisonment, 13 parole or mandatory supervised release, or in conjunction 14 with imprisonment or a bond forfeiture warrant; provided 15 that: 16 (i) the violation is alleged in an information, 17 complaint, indictment or delinquency petition on file, 18 and the alleged offender and victim are family or 19 household members or persons protected by this Act; and 20 (ii) the petition, which is filed by the State's 21 Attorney, names a victim of the alleged crime as a 22 petitioner. 23 (b) Filing, certification, and service fees. No fee shall 24be charged by the clerk for filing, amending, vacating, 25certifying, or photocopying petitions or orders; or for issuing 26alias summons; or for any related filing service. No fee shall HB6191- 251 -LRB097 13524 JLS 69734 b 1be charged by the sheriff for service by the sheriff of a 2petition, rule, motion, or order in an action commenced under 3this Section. 4 (c) Dismissal and consolidation. Withdrawal or dismissal 5of any petition for an order of protection prior to 6adjudication where the petitioner is represented by the State 7shall operate as a dismissal without prejudice. No action for 8an order of protection shall be dismissed because the 9respondent is being prosecuted for a crime against the 10petitioner. An independent action may be consolidated with 11another civil proceeding, as provided by paragraph (2) of 12subsection (a) of this Section. For any action commenced under 13paragraph (2) or (3) of subsection (a) of this Section, 14dismissal of the conjoined case (or a finding of not guilty) 15shall not require dismissal of the action for the order of 16protection; instead, it may be treated as an independent action 17and, if necessary and appropriate, transferred to a different 18court or division. Dismissal of any conjoined case shall not 19affect the validity of any previously issued order of 20protection, and thereafter subsections (b)(1) and (b)(2) of 21Section 220 shall be inapplicable to such order. 22 (d) Pro se petitions. The court shall provide, through the 23office of the clerk of the court, simplified forms and clerical 24assistance to help with the writing and filing of a petition 25under this Section by any person not represented by counsel. In 26addition, that assistance may be provided by the state's HB6191- 252 -LRB097 13524 JLS 69734 b 1attorney. 2(Source: P.A. 93-458, eff. 1-1-04.) 3 (750 ILCS 60/214) (from Ch. 40, par. 2312-14) 4 Sec. 214. Order of protection; remedies. 5 (a) Issuance of order. If the court finds that petitioner 6has been abused by a family or household member or that 7petitioner is a high-risk adult who has been abused, neglected, 8or exploited, as defined in this Act, an order of protection 9prohibiting the abuse, neglect, or exploitation shall issue; 10provided that petitioner must also satisfy the requirements of 11one of the following Sections, as appropriate: Section 217 on 12emergency orders, Section 218 on interim orders, or Section 219 13on plenary orders. Petitioner shall not be denied an order of 14protection because petitioner or respondent is a minor. The 15court, when determining whether or not to issue an order of 16protection, shall not require physical manifestations of abuse 17on the person of the victim. Modification and extension of 18prior orders of protection shall be in accordance with this 19Act. 20 (b) Remedies and standards. The remedies to be included in 21an order of protection shall be determined in accordance with 22this Section and one of the following Sections, as appropriate: 23Section 217 on emergency orders, Section 218 on interim orders, 24and Section 219 on plenary orders. The remedies listed in this 25subsection shall be in addition to other civil or criminal HB6191- 253 -LRB097 13524 JLS 69734 b 1remedies available to petitioner. 2 (1) Prohibition of abuse, neglect, or exploitation. 3 Prohibit respondent's harassment, interference with 4 personal liberty, intimidation of a dependent, physical 5 abuse, or willful deprivation, neglect or exploitation, as 6 defined in this Act, or stalking of the petitioner, as 7 defined in Section 12-7.3 of the Criminal Code of 1961, if 8 such abuse, neglect, exploitation, or stalking has 9 occurred or otherwise appears likely to occur if not 10 prohibited. 11 (2) Grant of exclusive possession of residence. 12 Prohibit respondent from entering or remaining in any 13 residence, household, or premises of the petitioner, 14 including one owned or leased by respondent, if petitioner 15 has a right to occupancy thereof. The grant of exclusive 16 possession of the residence, household, or premises shall 17 not affect title to real property, nor shall the court be 18 limited by the standard set forth in Section 701 of the 19 Illinois Marriage and Dissolution of Marriage Act. 20 (A) Right to occupancy. A party has a right to 21 occupancy of a residence or household if it is solely 22 or jointly owned or leased by that party, that party's 23 spouse, a person with a legal duty to support that 24 party or a minor child in that party's care, or by any 25 person or entity other than the opposing party that 26 authorizes that party's occupancy (e.g., a domestic HB6191- 254 -LRB097 13524 JLS 69734 b 1 violence shelter). Standards set forth in subparagraph 2 (B) shall not preclude equitable relief. 3 (B) Presumption of hardships. If petitioner and 4 respondent each has the right to occupancy of a 5 residence or household, the court shall balance (i) the 6 hardships to respondent and any minor child or 7 dependent adult in respondent's care resulting from 8 entry of this remedy with (ii) the hardships to 9 petitioner and any minor child or dependent adult in 10 petitioner's care resulting from continued exposure to 11 the risk of abuse (should petitioner remain at the 12 residence or household) or from loss of possession of 13 the residence or household (should petitioner leave to 14 avoid the risk of abuse). When determining the balance 15 of hardships, the court shall also take into account 16 the accessibility of the residence or household. 17 Hardships need not be balanced if respondent does not 18 have a right to occupancy. 19 The balance of hardships is presumed to favor 20 possession by petitioner unless the presumption is 21 rebutted by a preponderance of the evidence, showing 22 that the hardships to respondent substantially 23 outweigh the hardships to petitioner and any minor 24 child or dependent adult in petitioner's care. The 25 court, on the request of petitioner or on its own 26 motion, may order respondent to provide suitable, HB6191- 255 -LRB097 13524 JLS 69734 b 1 accessible, alternate housing for petitioner instead 2 of excluding respondent from a mutual residence or 3 household. 4 (3) Stay away order and additional prohibitions. Order 5 respondent to stay away from petitioner or any other person 6 protected by the order of protection, or prohibit 7 respondent from entering or remaining present at 8 petitioner's school, place of employment, or other 9 specified places at times when petitioner is present, or 10 both, if reasonable, given the balance of hardships. 11 Hardships need not be balanced for the court to enter a 12 stay away order or prohibit entry if respondent has no 13 right to enter the premises. 14 (A) If an order of protection grants petitioner 15 exclusive possession of the residence, or prohibits 16 respondent from entering the residence, or orders 17 respondent to stay away from petitioner or other 18 protected persons, then the court may allow respondent 19 access to the residence to remove items of clothing and 20 personal adornment used exclusively by respondent, 21 medications, and other items as the court directs. The 22 right to access shall be exercised on only one occasion 23 as the court directs and in the presence of an 24 agreed-upon adult third party or law enforcement 25 officer. 26 (B) When the petitioner and the respondent attend HB6191- 256 -LRB097 13524 JLS 69734 b 1 the same public, private, or non-public elementary, 2 middle, or high school, the court when issuing an order 3 of protection and providing relief shall consider the 4 severity of the act, any continuing physical danger or 5 emotional distress to the petitioner, the educational 6 rights guaranteed to the petitioner and respondent 7 under federal and State law, the availability of a 8 transfer of the respondent to another school, a change 9 of placement or a change of program of the respondent, 10 the expense, difficulty, and educational disruption 11 that would be caused by a transfer of the respondent to 12 another school, and any other relevant facts of the 13 case. The court may order that the respondent not 14 attend the public, private, or non-public elementary, 15 middle, or high school attended by the petitioner, 16 order that the respondent accept a change of placement 17 or change of program, as determined by the school 18 district or private or non-public school, or place 19 restrictions on the respondent's movements within the 20 school attended by the petitioner. The respondent 21 bears the burden of proving by a preponderance of the 22 evidence that a transfer, change of placement, or 23 change of program of the respondent is not available. 24 The respondent also bears the burden of production with 25 respect to the expense, difficulty, and educational 26 disruption that would be caused by a transfer of the HB6191- 257 -LRB097 13524 JLS 69734 b 1 respondent to another school. A transfer, change of 2 placement, or change of program is not unavailable to 3 the respondent solely on the ground that the respondent 4 does not agree with the school district's or private or 5 non-public school's transfer, change of placement, or 6 change of program or solely on the ground that the 7 respondent fails or refuses to consent or otherwise 8 does not take an action required to effectuate a 9 transfer, change of placement, or change of program. 10 When a court orders a respondent to stay away from the 11 public, private, or non-public school attended by the 12 petitioner and the respondent requests a transfer to 13 another attendance center within the respondent's 14 school district or private or non-public school, the 15 school district or private or non-public school shall 16 have sole discretion to determine the attendance 17 center to which the respondent is transferred. In the 18 event the court order results in a transfer of the 19 minor respondent to another attendance center, a 20 change in the respondent's placement, or a change of 21 the respondent's program, the parents, guardian, or 22 legal custodian of the respondent is responsible for 23 transportation and other costs associated with the 24 transfer or change. 25 (C) The court may order the parents, guardian, or 26 legal custodian of a minor respondent to take certain HB6191- 258 -LRB097 13524 JLS 69734 b 1 actions or to refrain from taking certain actions to 2 ensure that the respondent complies with the order. The 3 court may order the parents, guardian, or legal 4 custodian of a minor respondent to take certain actions 5 or to refrain from taking certain actions to ensure 6 that the respondent complies with the order. In the 7 event the court orders a transfer of the respondent to 8 another school, the parents, guardian, or legal 9 custodian of the respondent is responsible for 10 transportation and other costs associated with the 11 change of school by the respondent. 12 (4) Counseling. Require or recommend the respondent to 13 undergo counseling for a specified duration with a social 14 worker, psychologist, clinical psychologist, psychiatrist, 15 family service agency, alcohol or substance abuse program, 16 mental health center guidance counselor, agency providing 17 services to elders, program designed for domestic violence 18 abusers or any other guidance service the court deems 19 appropriate. The Court may order the respondent in any 20 intimate partner relationship to report to an Illinois 21 Department of Human Services protocol approved partner 22 abuse intervention program for an assessment and to follow 23 all recommended treatment. 24 (5) Physical care and possession of the minor child. In 25 order to protect the minor child from abuse, neglect, or 26 unwarranted separation from the person who has been the HB6191- 259 -LRB097 13524 JLS 69734 b 1 minor child's primary caretaker, or to otherwise protect 2 the well-being of the minor child, the court may do either 3 or both of the following: (i) grant petitioner physical 4 care or possession of the minor child, or both, or (ii) 5 order respondent to return a minor child to, or not remove 6 a minor child from, the physical care of a parent or person 7 in loco parentis. 8 If a court finds, after a hearing, that respondent has 9 committed abuse (as defined in Section 103) of a minor 10 child, there shall be a rebuttable presumption that 11 awarding physical care to respondent would not be in the 12 minor child's best interest. 13 (6) Temporary legal custody. Award temporary legal 14 custody to petitioner in accordance with this Section, the 15 Illinois Marriage and Dissolution of Marriage Act, the 16 Illinois Parentage Act of 2012 1984, and this State's 17 Uniform Child-Custody Jurisdiction and Enforcement Act. 18 If a court finds, after a hearing, that respondent has 19 committed abuse (as defined in Section 103) of a minor 20 child, there shall be a rebuttable presumption that 21 awarding temporary legal custody to respondent would not be 22 in the child's best interest. 23 (7) Visitation. Determine the visitation rights, if 24 any, of respondent in any case in which the court awards 25 physical care or temporary legal custody of a minor child 26 to petitioner. The court shall restrict or deny HB6191- 260 -LRB097 13524 JLS 69734 b 1 respondent's visitation with a minor child if the court 2 finds that respondent has done or is likely to do any of 3 the following: (i) abuse or endanger the minor child during 4 visitation; (ii) use the visitation as an opportunity to 5 abuse or harass petitioner or petitioner's family or 6 household members; (iii) improperly conceal or detain the 7 minor child; or (iv) otherwise act in a manner that is not 8 in the best interests of the minor child. The court shall 9 not be limited by the standards set forth in Section 607.1 10 of the Illinois Marriage and Dissolution of Marriage Act. 11 If the court grants visitation, the order shall specify 12 dates and times for the visitation to take place or other 13 specific parameters or conditions that are appropriate. No 14 order for visitation shall refer merely to the term 15 "reasonable visitation". 16 Petitioner may deny respondent access to the minor 17 child if, when respondent arrives for visitation, 18 respondent is under the influence of drugs or alcohol and 19 constitutes a threat to the safety and well-being of 20 petitioner or petitioner's minor children or is behaving in 21 a violent or abusive manner. 22 If necessary to protect any member of petitioner's 23 family or household from future abuse, respondent shall be 24 prohibited from coming to petitioner's residence to meet 25 the minor child for visitation, and the parties shall 26 submit to the court their recommendations for reasonable HB6191- 261 -LRB097 13524 JLS 69734 b 1 alternative arrangements for visitation. A person may be 2 approved to supervise visitation only after filing an 3 affidavit accepting that responsibility and acknowledging 4 accountability to the court. 5 (8) Removal or concealment of minor child. Prohibit 6 respondent from removing a minor child from the State or 7 concealing the child within the State. 8 (9) Order to appear. Order the respondent to appear in 9 court, alone or with a minor child, to prevent abuse, 10 neglect, removal or concealment of the child, to return the 11 child to the custody or care of the petitioner or to permit 12 any court-ordered interview or examination of the child or 13 the respondent. 14 (10) Possession of personal property. Grant petitioner 15 exclusive possession of personal property and, if 16 respondent has possession or control, direct respondent to 17 promptly make it available to petitioner, if: 18 (i) petitioner, but not respondent, owns the 19 property; or 20 (ii) the parties own the property jointly; sharing 21 it would risk abuse of petitioner by respondent or is 22 impracticable; and the balance of hardships favors 23 temporary possession by petitioner. 24 If petitioner's sole claim to ownership of the property 25 is that it is marital property, the court may award 26 petitioner temporary possession thereof under the HB6191- 262 -LRB097 13524 JLS 69734 b 1 standards of subparagraph (ii) of this paragraph only if a 2 proper proceeding has been filed under the Illinois 3 Marriage and Dissolution of Marriage Act, as now or 4 hereafter amended. 5 No order under this provision shall affect title to 6 property. 7 (11) Protection of property. Forbid the respondent 8 from taking, transferring, encumbering, concealing, 9 damaging or otherwise disposing of any real or personal 10 property, except as explicitly authorized by the court, if: 11 (i) petitioner, but not respondent, owns the 12 property; or 13 (ii) the parties own the property jointly, and the 14 balance of hardships favors granting this remedy. 15 If petitioner's sole claim to ownership of the property 16 is that it is marital property, the court may grant 17 petitioner relief under subparagraph (ii) of this 18 paragraph only if a proper proceeding has been filed under 19 the Illinois Marriage and Dissolution of Marriage Act, as 20 now or hereafter amended. 21 The court may further prohibit respondent from 22 improperly using the financial or other resources of an 23 aged member of the family or household for the profit or 24 advantage of respondent or of any other person. 25 (11.5) Protection of animals. Grant the petitioner the 26 exclusive care, custody, or control of any animal owned, HB6191- 263 -LRB097 13524 JLS 69734 b 1 possessed, leased, kept, or held by either the petitioner 2 or the respondent or a minor child residing in the 3 residence or household of either the petitioner or the 4 respondent and order the respondent to stay away from the 5 animal and forbid the respondent from taking, 6 transferring, encumbering, concealing, harming, or 7 otherwise disposing of the animal. 8 (12) Order for payment of support. Order respondent to 9 pay temporary support for the petitioner or any child in 10 the petitioner's care or custody, when the respondent has a 11 legal obligation to support that person, in accordance with 12 the Illinois Marriage and Dissolution of Marriage Act, 13 which shall govern, among other matters, the amount of 14 support, payment through the clerk and withholding of 15 income to secure payment. An order for child support may be 16 granted to a petitioner with lawful physical care or 17 custody of a child, or an order or agreement for physical 18 care or custody, prior to entry of an order for legal 19 custody. Such a support order shall expire upon entry of a 20 valid order granting legal custody to another, unless 21 otherwise provided in the custody order. 22 (13) Order for payment of losses. Order respondent to 23 pay petitioner for losses suffered as a direct result of 24 the abuse, neglect, or exploitation. Such losses shall 25 include, but not be limited to, medical expenses, lost 26 earnings or other support, repair or replacement of HB6191- 264 -LRB097 13524 JLS 69734 b 1 property damaged or taken, reasonable attorney's fees, 2 court costs and moving or other travel expenses, including 3 additional reasonable expenses for temporary shelter and 4 restaurant meals. 5 (i) Losses affecting family needs. If a party is 6 entitled to seek maintenance, child support or 7 property distribution from the other party under the 8 Illinois Marriage and Dissolution of Marriage Act, as 9 now or hereafter amended, the court may order 10 respondent to reimburse petitioner's actual losses, to 11 the extent that such reimbursement would be 12 "appropriate temporary relief", as authorized by 13 subsection (a)(3) of Section 501 of that Act. 14 (ii) Recovery of expenses. In the case of an 15 improper concealment or removal of a minor child, the 16 court may order respondent to pay the reasonable 17 expenses incurred or to be incurred in the search for 18 and recovery of the minor child, including but not 19 limited to legal fees, court costs, private 20 investigator fees, and travel costs. 21 (14) Prohibition of entry. Prohibit the respondent 22 from entering or remaining in the residence or household 23 while the respondent is under the influence of alcohol or 24 drugs and constitutes a threat to the safety and well-being 25 of the petitioner or the petitioner's children. 26 (14.5) Prohibition of firearm possession. HB6191- 265 -LRB097 13524 JLS 69734 b 1 (a) Prohibit a respondent against whom an order of 2 protection was issued from possessing any firearms 3 during the duration of the order if the order: 4 (1) was issued after a hearing of which such 5 person received actual notice, and at which such 6 person had an opportunity to participate; 7 (2) restrains such person from harassing, 8 stalking, or threatening an intimate partner of 9 such person or child of such intimate partner or 10 person, or engaging in other conduct that would 11 place an intimate partner in reasonable fear of 12 bodily injury to the partner or child; and 13 (3)(i) includes a finding that such person 14 represents a credible threat to the physical 15 safety of such intimate partner or child; or (ii) 16 by its terms explicitly prohibits the use, 17 attempted use, or threatened use of physical force 18 against such intimate partner or child that would 19 reasonably be expected to cause bodily injury. 20 Any Firearm Owner's Identification Card in the 21 possession of the respondent, except as provided in 22 subsection (b), shall be ordered by the court to be 23 turned over to the local law enforcement agency for 24 safekeeping. The court shall issue a warrant for 25 seizure of any firearm and Firearm Owner's 26 Identification Card in the possession of the HB6191- 266 -LRB097 13524 JLS 69734 b 1 respondent, to be kept by the local law enforcement 2 agency for safekeeping, except as provided in 3 subsection (b). The period of safekeeping shall be for 4 the duration of the order of protection. The firearm or 5 firearms and Firearm Owner's Identification Card shall 6 be returned to the respondent at the end of the order 7 of protection. 8 (b) If the respondent is a peace officer as defined 9 in Section 2-13 of the Criminal Code of 1961, the court 10 shall order that any firearms used by the respondent in 11 the performance of his or her duties as a peace officer 12 be surrendered to the chief law enforcement executive 13 of the agency in which the respondent is employed, who 14 shall retain the firearms for safekeeping for the 15 duration of the order of protection. 16 (c) Upon expiration of the period of safekeeping, 17 if the firearms or Firearm Owner's Identification Card 18 cannot be returned to respondent because respondent 19 cannot be located, fails to respond to requests to 20 retrieve the firearms, or is not lawfully eligible to 21 possess a firearm, upon petition from the local law 22 enforcement agency, the court may order the local law 23 enforcement agency to destroy the firearms, use the 24 firearms for training purposes, or for any other 25 application as deemed appropriate by the local law 26 enforcement agency; or that the firearms be turned over HB6191- 267 -LRB097 13524 JLS 69734 b 1 to a third party who is lawfully eligible to possess 2 firearms, and who does not reside with respondent. 3 (15) Prohibition of access to records. If an order of 4 protection prohibits respondent from having contact with 5 the minor child, or if petitioner's address is omitted 6 under subsection (b) of Section 203, or if necessary to 7 prevent abuse or wrongful removal or concealment of a minor 8 child, the order shall deny respondent access to, and 9 prohibit respondent from inspecting, obtaining, or 10 attempting to inspect or obtain, school or any other 11 records of the minor child who is in the care of 12 petitioner. 13 (16) Order for payment of shelter services. Order 14 respondent to reimburse a shelter providing temporary 15 housing and counseling services to the petitioner for the 16 cost of the services, as certified by the shelter and 17 deemed reasonable by the court. 18 (17) Order for injunctive relief. Enter injunctive 19 relief necessary or appropriate to prevent further abuse of 20 a family or household member or further abuse, neglect, or 21 exploitation of a high-risk adult with disabilities or to 22 effectuate one of the granted remedies, if supported by the 23 balance of hardships. If the harm to be prevented by the 24 injunction is abuse or any other harm that one of the 25 remedies listed in paragraphs (1) through (16) of this 26 subsection is designed to prevent, no further evidence is HB6191- 268 -LRB097 13524 JLS 69734 b 1 necessary that the harm is an irreparable injury. 2 (c) Relevant factors; findings. 3 (1) In determining whether to grant a specific remedy, 4 other than payment of support, the court shall consider 5 relevant factors, including but not limited to the 6 following: 7 (i) the nature, frequency, severity, pattern and 8 consequences of the respondent's past abuse, neglect 9 or exploitation of the petitioner or any family or 10 household member, including the concealment of his or 11 her location in order to evade service of process or 12 notice, and the likelihood of danger of future abuse, 13 neglect, or exploitation to petitioner or any member of 14 petitioner's or respondent's family or household; and 15 (ii) the danger that any minor child will be abused 16 or neglected or improperly removed from the 17 jurisdiction, improperly concealed within the State or 18 improperly separated from the child's primary 19 caretaker. 20 (2) In comparing relative hardships resulting to the 21 parties from loss of possession of the family home, the 22 court shall consider relevant factors, including but not 23 limited to the following: 24 (i) availability, accessibility, cost, safety, 25 adequacy, location and other characteristics of 26 alternate housing for each party and any minor child or HB6191- 269 -LRB097 13524 JLS 69734 b 1 dependent adult in the party's care; 2 (ii) the effect on the party's employment; and 3 (iii) the effect on the relationship of the party, 4 and any minor child or dependent adult in the party's 5 care, to family, school, church and community. 6 (3) Subject to the exceptions set forth in paragraph 7 (4) of this subsection, the court shall make its findings 8 in an official record or in writing, and shall at a minimum 9 set forth the following: 10 (i) That the court has considered the applicable 11 relevant factors described in paragraphs (1) and (2) of 12 this subsection. 13 (ii) Whether the conduct or actions of respondent, 14 unless prohibited, will likely cause irreparable harm 15 or continued abuse. 16 (iii) Whether it is necessary to grant the 17 requested relief in order to protect petitioner or 18 other alleged abused persons. 19 (4) For purposes of issuing an ex parte emergency order 20 of protection, the court, as an alternative to or as a 21 supplement to making the findings described in paragraphs 22 (c)(3)(i) through (c)(3)(iii) of this subsection, may use 23 the following procedure: 24 When a verified petition for an emergency order of 25 protection in accordance with the requirements of Sections 26 203 and 217 is presented to the court, the court shall HB6191- 270 -LRB097 13524 JLS 69734 b 1 examine petitioner on oath or affirmation. An emergency 2 order of protection shall be issued by the court if it 3 appears from the contents of the petition and the 4 examination of petitioner that the averments are 5 sufficient to indicate abuse by respondent and to support 6 the granting of relief under the issuance of the emergency 7 order of protection. 8 (5) Never married parties. No rights or 9 responsibilities for a minor child born outside of marriage 10 attach to a putative father until a father and child 11 relationship has been established under the Illinois 12 Parentage Act of 1984, the Illinois Parentage Act of 2012, 13 the Illinois Public Aid Code, Section 12 of the Vital 14 Records Act, the Juvenile Court Act of 1987, the Probate 15 Act of 1985, the Revised Uniform Reciprocal Enforcement of 16 Support Act, the Uniform Interstate Family Support Act, the 17 Expedited Child Support Act of 1990, any judicial, 18 administrative, or other act of another state or territory, 19 any other Illinois statute, or by any foreign nation 20 establishing the father and child relationship, any other 21 proceeding substantially in conformity with the Personal 22 Responsibility and Work Opportunity Reconciliation Act of 23 1996 (Pub. L. 104-193), or where both parties appeared in 24 open court or at an administrative hearing acknowledging 25 under oath or admitting by affirmation the existence of a 26 father and child relationship. Absent such an HB6191- 271 -LRB097 13524 JLS 69734 b 1 adjudication, finding, or acknowledgement, no putative 2 father shall be granted temporary custody of the minor 3 child, visitation with the minor child, or physical care 4 and possession of the minor child, nor shall an order of 5 payment for support of the minor child be entered. 6 (d) Balance of hardships; findings. If the court finds that 7the balance of hardships does not support the granting of a 8remedy governed by paragraph (2), (3), (10), (11), or (16) of 9subsection (b) of this Section, which may require such 10balancing, the court's findings shall so indicate and shall 11include a finding as to whether granting the remedy will result 12in hardship to respondent that would substantially outweigh the 13hardship to petitioner from denial of the remedy. The findings 14shall be an official record or in writing. 15 (e) Denial of remedies. Denial of any remedy shall not be 16based, in whole or in part, on evidence that: 17 (1) Respondent has cause for any use of force, unless 18 that cause satisfies the standards for justifiable use of 19 force provided by Article VII of the Criminal Code of 1961; 20 (2) Respondent was voluntarily intoxicated; 21 (3) Petitioner acted in self-defense or defense of 22 another, provided that, if petitioner utilized force, such 23 force was justifiable under Article VII of the Criminal 24 Code of 1961; 25 (4) Petitioner did not act in self-defense or defense 26 of another; HB6191- 272 -LRB097 13524 JLS 69734 b 1 (5) Petitioner left the residence or household to avoid 2 further abuse, neglect, or exploitation by respondent; 3 (6) Petitioner did not leave the residence or household 4 to avoid further abuse, neglect, or exploitation by 5 respondent; 6 (7) Conduct by any family or household member excused 7 the abuse, neglect, or exploitation by respondent, unless 8 that same conduct would have excused such abuse, neglect, 9 or exploitation if the parties had not been family or 10 household members. 11(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; 1297-158, eff. 1-1-12; 97-294, eff. 1-1-12; revised 10-4-11.) 13 Section 974. The Business Corporation Act of 1983 is 14amended by changing Section 1.25 as follows: 15 (805 ILCS 5/1.25) (from Ch. 32, par. 1.25) 16 Sec. 1.25. List of corporations; exchange of information. 17 (a) The Secretary of State shall publish each year a list 18of corporations filing an annual report for the preceding year 19in accordance with the provisions of this Act, which report 20shall state the name of the corporation and the respective 21names and addresses of the president, secretary, and registered 22agent thereof and the address of the registered office in this 23State of each such corporation. The Secretary of State shall 24furnish without charge a copy of such report to each recorder HB6191- 273 -LRB097 13524 JLS 69734 b 1of this State, and to each member of the General Assembly and 2to each State agency or department requesting the same. The 3Secretary of State shall, upon receipt of a written request and 4a fee as determined by the Secretary, furnish such report to 5anyone else. 6 (b) (1) The Secretary of State shall publish daily a list 7of all newly formed corporations, business and not for profit, 8chartered by him on that day issued after receipt of the 9application. The daily list shall contain the same information 10as to each corporation as is provided for the corporation list 11published under subsection (a) of this Section. The daily list 12may be obtained at the Secretary's office by any person, 13newspaper, State department or agency, or local government for 14a reasonable charge to be determined by the Secretary. 15Inspection of the daily list may be made at the Secretary's 16office during normal business hours without charge by any 17person, newspaper, State department or agency, or local 18government. 19 (2) The Secretary shall compile the daily list mentioned in 20paragraph (1) of subsection (b) of this Section monthly, or 21more often at the Secretary's discretion. The compilation shall 22be immediately mailed free of charge to all local governments 23requesting in writing receipt of such publication, or shall be 24automatically mailed by the Secretary without charge to local 25governments as determined by the Secretary. The Secretary shall 26mail a copy of the compilations free of charge to all State HB6191- 274 -LRB097 13524 JLS 69734 b 1departments or agencies making a written request. A request for 2a compilation of the daily list once made by a local government 3or State department or agency need not be renewed. However, the 4Secretary may request from time to time whether the local 5governments or State departments or agencies desire to continue 6receiving the compilation. 7 (3) The compilations of the daily list mentioned in 8paragraph (2) of subsection (b) of this Section shall be mailed 9to newspapers, or any other person not included as a recipient 10in paragraph (2) of subsection (b) of this Section, upon 11receipt of a written application signed by the applicant and 12accompanied by the payment of a fee as determined by the 13Secretary. 14 (c) If a domestic or foreign corporation has filed with the 15Secretary of State an annual report for the preceding year or 16has been newly formed or is otherwise and in any manner 17registered with the Secretary of State, the Secretary of State 18shall exchange with the Department of Healthcare and Family 19Services any information concerning that corporation that may 20be necessary for the enforcement of child support orders 21entered pursuant to the Illinois Public Aid Code, the Illinois 22Marriage and Dissolution of Marriage Act, the Non-Support of 23Spouse and Children Act, the Non-Support Punishment Act, the 24Revised Uniform Reciprocal Enforcement of Support Act, the 25Uniform Interstate Family Support Act, or the Illinois 26Parentage Act of 1984, or the Illinois Parentage Act of 2012. HB6191- 275 -LRB097 13524 JLS 69734 b 1 Notwithstanding any provisions in this Act to the contrary, 2the Secretary of State shall not be liable to any person for 3any disclosure of information to the Department of Healthcare 4and Family Services (formerly Illinois Department of Public 5Aid) under this subsection or for any other action taken in 6good faith to comply with the requirements of this subsection. 7(Source: P.A. 95-331, eff. 8-21-07.) 8 Section 975. The Limited Liability Company Act is amended 9by changing Section 50-5 as follows: 10 (805 ILCS 180/50-5) 11 Sec. 50-5. List of limited liability companies; exchange of 12information. 13 (a) The Secretary of State may publish a list or lists of 14limited liability companies and foreign limited liability 15companies, as often, in the format, and for the fees as the 16Secretary of State may in his or her discretion provide by 17rule. The Secretary of State may disseminate information 18concerning limited liability companies and foreign limited 19liability companies by computer network in the format and for 20the fees as may be determined by rule. 21 (b) Upon written request, any list published under 22subsection (a) shall be free to each member of the General 23Assembly, to each State agency or department, and to each 24recorder in this State. An appropriate fee established by rule HB6191- 276 -LRB097 13524 JLS 69734 b 1to cover the cost of producing the list shall be charged to all 2others. 3 (c) If a domestic or foreign limited liability company has 4filed with the Secretary of State an annual report for the 5preceding year or has been newly formed or is otherwise and in 6any manner registered with the Secretary of State, the 7Secretary of State shall exchange with the Department of 8Healthcare and Family Services any information concerning that 9limited liability company that may be necessary for the 10enforcement of child support orders entered pursuant to the 11Illinois Public Aid Code, the Illinois Marriage and Dissolution 12of Marriage Act, the Non-Support of Spouse and Children Act, 13the Non-Support Punishment Act, the Revised Uniform Reciprocal 14Enforcement of Support Act, the Uniform Interstate Family 15Support Act, or the Illinois Parentage Act of 1984, or the 16Illinois Parentage Act of 2012. 17 Notwithstanding any provisions in this Act to the contrary, 18the Secretary of State shall not be liable to any person for 19any disclosure of information to the Department of Healthcare 20and Family Services (formerly Illinois Department of Public 21Aid) under this subsection or for any other action taken in 22good faith to comply with the requirements of this subsection. 23(Source: P.A. 95-331, eff. 8-21-07.) HB6191- 277 -LRB097 13524 JLS 69734 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 750 ILCS 40/Act rep. 5 750 ILCS 45/Act rep. 6 20 ILCS 1005/1005-130was 20 ILCS 1005/43a.14 7 20 ILCS 2105/2105-15 8 20 ILCS 2505/2505-65was 20 ILCS 2505/39b12 9 55 ILCS 5/3-5036.5 10 225 ILCS 425/2.04from Ch. 111, par. 2005.1 11 305 ILCS 5/10-3.1from Ch. 23, par. 10-3.1 12 305 ILCS 5/10-16.7 13 305 ILCS 5/10-17from Ch. 23, par. 10-17 14 305 ILCS 5/10-17.7 15 305 ILCS 5/10-19from Ch. 23, par. 10-19 16 305 ILCS 5/10-25 17 305 ILCS 5/10-25.5 18 305 ILCS 5/10-27 19 305 ILCS 5/12-4.7c 20 410 ILCS 513/22 21 410 ILCS 513/30 22 410 ILCS 535/12 23 410 ILCS 535/24from Ch. 111 1/2, par. 73-24 24 625 ILCS 5/2-109.1 25 625 ILCS 5/7-703 HB6191- 278 -LRB097 13524 JLS 69734 b