Bill Text: IL HB1485 | 2015-2016 | 99th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that an administrative determination of paternity that is not based on a voluntary acknowledgment of paternity made in accordance with the Illinois Public Aid Code may be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party and that, pending the outcome of the challenge to the administrative determination of paternity, the legal responsibilities of the parties shall remain in full force and effect, except upon order of the court upon a showing of good cause. Provides that DNA evidence that a man who has been found to be the father of a child under an administrative determination of paternity is not the natural father of the child constitutes a material mistake of fact. Provides that an action under the new provisions is barred if brought more than 6 months after the effective date of the amendatory Act or more than 2 years after the petitioner obtains actual knowledge of the relevant facts, whichever is later, and that the 2-year period for bringing an action shall not extend beyond the date on which the child reaches the age of 18 years. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-08-27 - Public Act . . . . . . . . . 99-0471 [HB1485 Detail]

Download: Illinois-2015-HB1485-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 10-14.1 and 10-15.1 as follows:
(305 ILCS 5/10-14.1)
Sec. 10-14.1. Relief from administrative orders.
(a) Subject to subsection (b), notwithstanding
Notwithstanding the 30-day appeal period provided in Sections
10-12 and 10-12.1 and the limitation on review of final
administrative decisions contained in Section 10-14, a
responsible relative or a person receiving child support
enforcement services under this Article who is aggrieved by an
administrative order entered under Section 10-11 or 10-11.1 or
an administrative determination of paternity entered under
Section 10-17.7 and who did not petition within the 30-day
appeal period may petition the Illinois Department for relief
from the administrative order or determination on the same
grounds as are provided for relief from judgments under Section
2-1401 of the Code of Civil Procedure. The petition must be
filed not later than 2 years after the entry of the order or
determination by the Illinois Department. The day immediately
subsequent to the mailing of the order or determination shall

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be considered as the first day and the day the petition is
received by the Illinois Department shall be considered as the
last day in computing the 2-year period. Any period during
which the person seeking relief is under a legal disability or
duress or during which the grounds for relief are fraudulently
concealed shall be excluded in computing the period of 2 years.
Upon receiving a petition within the 2-year period, the
Illinois Department shall provide for a hearing to be held on
the petition.
(b) Nothing in this Section shall be construed to prohibit
an action under subsection (b) of Section 4.1 of the Illinois
Parentage Act of 1984 to challenge an administrative
determination of paternity entered under Section 10-17.7.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-15.1)
Sec. 10-15.1. Judicial registration of administrative
support orders and administrative paternity orders.
(a) A final administrative support order or a final
administrative paternity order, excluding a voluntary
acknowledgement or denial of paternity that is governed by
other provisions of this Code, the Illinois Parentage Act of
1984, and the Vital Records Act, established by the Illinois
Department under this Article X may be registered in the
appropriate circuit court of this State by the Department or by
a party to the order by filing:

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(1) Two copies, including one certified copy of the
order to be registered, any modification of the
administrative support order, any voluntary acknowledgment
of paternity pertaining to the child covered by the order,
and the documents showing service of the notice of support
obligation that commenced the procedure for establishment
of the administrative support order or the administrative
paternity order pursuant to Section 10-4 of this Code.
(2) A sworn statement by the person requesting
registration or a certified copy of the Department payment
record showing the amount of any past due support accrued
under the administrative support order.
(3) The name of the obligor and, if known, the
obligor's address and social security number.
(4) The name of the obligee and the obligee's address,
unless the obligee alleges in an affidavit or pleading
under oath that the health, safety, or liberty of the
obligee or child would be jeopardized by disclosure of
specific identifying information, in which case that
information must be sealed and may not be disclosed to the
other party or public. After a hearing in which the court
takes into consideration the health, safety, or liberty of
the party or child, the court may order disclosure of
information that the court determines to be in the interest
of justice.
(b) The filing of an administrative support order or an

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administrative paternity order under subsection (a)
constitutes registration with the circuit court.
(c) (Blank).
(c-5) Every notice of registration must be accompanied by a
copy of the registered administrative support order or the
registered administrative paternity order and the documents
and relevant information accompanying the order pursuant to
subsection (a).
(d) (Blank).
(d-5) The registering party shall serve notice of the
registration on the other party by first class mail, unless the
administrative support order or the administrative paternity
order was entered by default or the registering party is also
seeking an affirmative remedy. The registering party shall
serve notice on the Department in all cases by first class
mail.
(1) If the administrative support order or the
administrative paternity order was entered by default
against the obligor, the obligor must be served with the
registration by any method provided by law for service of
summons.
(2) If a petition or comparable pleading seeking an
affirmative remedy is filed with the registration, the
non-moving party must be served with the registration and
the affirmative pleading by any method provided by law for
service of summons.

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(e) A notice of registration of an administrative support
order or an administrative paternity order must provide the
following information:
(1) That a registered administrative order is
enforceable in the same manner as an order for support or
an order for paternity issued by the circuit court.
(2) That a hearing to contest enforcement of the
registered administrative support order or the registered
administrative paternity order must be requested within 30
days after the date of service of the notice.
(3) That failure to contest, in a timely manner, the
enforcement of the registered administrative support order
or the registered administrative paternity order shall
result in confirmation of the order and enforcement of the
order and the alleged arrearages and precludes further
contest of that order with respect to any matter that could
have been asserted.
(4) The amount of any alleged arrearages.
(f) A nonregistering party seeking to contest enforcement
of a registered administrative support order or a registered
administrative paternity order shall request a hearing within
30 days after the date of service of notice of the
registration. The nonregistering party may seek to vacate the
registration, to assert any defense to an allegation of
noncompliance with the registered administrative support order
or the registered administrative paternity order, or to contest

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the remedies being sought or the amount of any alleged
arrearages.
(g) If the nonregistering party fails to contest the
enforcement of the registered administrative support order or
the registered administrative paternity order in a timely
manner, the order shall be confirmed by operation of law.
(h) If a nonregistering party requests a hearing to contest
the enforcement of the registered administrative support order
or the registered administrative paternity order, the circuit
court shall schedule the matter for hearing and give notice to
the parties and the Illinois Department of the date, time, and
place of the hearing.
(i) A party contesting the enforcement of a registered
administrative support order or a registered administrative
paternity order or seeking to vacate the registration has the
burden of proving one or more of the following defenses:
(1) The Illinois Department lacked personal
jurisdiction over the contesting party.
(2) The administrative support order or the
administrative paternity order was obtained by fraud.
(3) The administrative support order or the
administrative paternity order has been vacated,
suspended, or modified by a later order.
(4) The Illinois Department has stayed the
administrative support order or the administrative
paternity order pending appeal.

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(5) There is a defense under the law to the remedy
sought.
(6) Full or partial payment has been made.
(j) If a party presents evidence establishing a full or
partial payment defense under subsection (i), the court may
stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered administrative support order or the
registered administrative paternity order may be enforced by
all remedies available under State law.
(k) If a contesting party does not establish a defense
under subsection (i) to the enforcement of the administrative
support order or the administrative paternity order, the court
shall issue an order confirming the administrative support
order or the administrative paternity order. Confirmation of
the registered administrative support order or the
administrative paternity order, whether by operation of law or
after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted
at the time of registration. Upon confirmation, the registered
administrative support order or the administrative paternity
order shall be treated in the same manner as a support order or
a paternity order entered by the circuit court, including the
ability of the court to entertain a petition to modify the
administrative support order due to a substantial change in

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circumstances or a petition to modify the administrative
paternity order due to clear and convincing evidence regarding
paternity, or petitions for visitation or custody of the child
or children covered by the administrative support order or the
administrative paternity order. Nothing in this Section shall
be construed to alter the effect of a final administrative
support order or a final administrative paternity order, or the
restriction of judicial review of such a final order to the
provisions of the Administrative Review Law, as provided in
Sections Section 10-11 and 10-17.7 of this Code.
(Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)
Section 10. The Illinois Parentage Act of 1984 is amended
by changing Sections 4.1 and 8 as follows:
(750 ILCS 45/4.1)
Sec. 4.1. Administrative paternity determinations.
(a) Notwithstanding any other provision of this Act, the
Department of Healthcare and Family Services may make
administrative determinations of paternity and nonpaternity in
accordance with Section 10-17.7 of the Illinois Public Aid
Code. These determinations of paternity or nonpaternity shall
have the full force and effect of judgments entered under this
Act.
(b) An administrative determination of paternity that is
not based on a voluntary acknowledgment of paternity made in

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accordance with Section 10-17.7 of the Illinois Public Aid Code
may be challenged in court on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of the challenge to the
administrative determination of paternity, the legal
responsibilities of the parties shall remain in full force and
effect, except upon order of the court upon a showing of good
cause. A party challenging an administrative determination of
paternity made in accordance with Section 10-17.7 of the
Illinois Public Aid Code must consent to and submit to
deoxyribonucleic acid (DNA) testing, in accordance with
Department of Healthcare and Family Services rules, in order to
challenge paternity.
(c) For purposes of subsection (b), evidence that, based on
deoxyribonucleic acid (DNA) testing, the man who has been found
to be the father of a child under an administrative
determination of paternity is not the natural father of the
child constitutes a material mistake of fact.
(Source: P.A. 95-331, eff. 8-21-07.)
(750 ILCS 45/8) (from Ch. 40, par. 2508)
Sec. 8. Statute of limitations.
(a) (1) An action brought by or on behalf of a child, an
action brought by a party alleging that he or she is the
child's natural parent, or an action brought by the
Department of Healthcare and Family Services (formerly

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Illinois Department of Public Aid), if it is providing or
has provided financial support to the child or if it is
assisting with child support collection services, shall be
barred if brought later than 2 years after the child
reaches the age of majority; however, if the action on
behalf of the child is brought by a public agency, other
than the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) if it is
providing or has provided financial support to the child or
if it is assisting with child support collection services,
it shall be barred 2 years after the agency has ceased to
provide assistance to the child.
(2) Failure to bring an action within 2 years shall not
bar any party from asserting a defense in any action to
declare the non-existence of the parent and child
relationship.
(3) An action to declare the non-existence of the
parent and child relationship brought under subsection (b)
of Section 7 of this Act shall be barred if brought later
than 2 years after the petitioner obtains knowledge of
relevant facts. The 2-year period for bringing an action to
declare the nonexistence of the parent and child
relationship shall not extend beyond the date on which the
child reaches the age of 18 years. Failure to bring an
action within 2 years shall not bar any party from
asserting a defense in any action to declare the existence

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of the parent and child relationship.
(4) An action to declare the non-existence of the
parent and child relationship brought under subsection
(b-5) of Section 7 of this Act shall be barred if brought
more than 6 months after the effective date of this
amendatory Act of 1998 or more than 2 years after the
petitioner obtains actual knowledge of relevant facts,
whichever is later. The 2-year period shall not apply to
periods of time where the natural mother or the child
refuses to submit to deoxyribonucleic acid (DNA) tests. The
2-year period for bringing an action to declare the
nonexistence of the parent and child relationship shall not
extend beyond the date on which the child reaches the age
of 18 years. Failure to bring an action within 2 years
shall not bar any party from asserting a defense in any
action to declare the existence of the parent and child
relationship.
(5) An action under subsection (b) of Section 4.1 of
this Act to challenge an administrative determination of
paternity is barred if brought more than 6 months after the
effective date of this amendatory Act of the 99th General
Assembly or more than 2 years after the petitioner obtains
actual knowledge of relevant facts, whichever is later. The
2-year period does not apply to periods of time when the
natural mother or the child refuses to submit to
deoxyribonucleic acid (DNA) tests. The 2-year period for

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bringing an action under subsection (b) of Section 4.1 of
this Act to challenge an administrative determination of
paternity shall not extend beyond the date on which the
child reaches the age of 18 years. Failure to bring an
action within 2 years does not bar any party from asserting
a defense in any action to declare the existence of the
parent and child relationship.
(b) The time during which any party is not subject to
service of process or is otherwise not subject to the
jurisdiction of the courts of this State shall toll the
aforementioned periods.
(c) This Act does not affect the time within which any
rights under the Probate Act of 1975 may be asserted beyond the
time provided by law relating to distribution and closing of
decedent's estates or to the determination of heirship, or
otherwise.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.