Bill Text: IL HB6191 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6191 Detail]

Download: Illinois-2011-HB6191-Introduced.html

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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.
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A BILL FOR
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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:
ARTICLE 1. GENERAL PROVISIONS
Section 101. Short title. This Act may be cited as the
Illinois Parentage Act of 2012.
Section 102. Public policy. Illinois recognizes the right
of every child to the physical, mental, emotional, and
financial support of his or her parents. The parent-child
relationship, including support obligations, extends equally
to every child and to every parent, regardless of the legal
relationship of the parents, and regardless of whether a parent
is a minor.
Section 103. Definitions. In this Act:
(a) "Acknowledged father" means a man who has established a
father-child relationship under Article 3.
(b) "Adjudicated father" means a man who has been
adjudicated by a court of competent jurisdiction, or as
authorized under Article X of the Illinois Public Aid Code, to
be the father of a child.
(c) "Alleged father" means a man who alleges himself to be,

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

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tested man is not the father of the child and that the
father is of the same ethnic or racial group as the tested
man.
(g) "Commence" means to file the initial pleading seeking
an adjudication of parentage in the circuit court of this
State.
(h) "Determination of parentage" means the establishment
of the parent-child relationship by the signing of a Voluntary
Acknowledgment of Paternity under Article 3 or adjudication by
the court or as authorized under Article X of the Illinois
Public Aid Code.
(i) "Donor" means an individual who contributes a gamete or
gametes used for assisted reproduction, whether or not for
consideration. The term does not include:
(1) a husband who provides sperm, or a wife who
provides eggs, to be used for assisted reproduction by the
wife;
(2) a woman who gives birth to a child by means of
assisted reproduction, except as otherwise provided in the
Gestational Surrogacy Act; or
(3) a parent under Article 7, or an intended parent
under the Gestational Surrogacy Act.
(j) "Ethnic or racial group" means, for purposes of genetic
testing, a recognized group that an individual identifies as
all or part of the individual's ancestry or that is so
identified by other information.

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(k) "Gamete" means either a sperm or an egg.
(l) "Genetic testing" means an analysis of genetic markers
to exclude or identify a man as the father or a woman as the
mother of a child as provided in Article 4 of this Act.
(m) "Gestational mother" means an adult woman who gives
birth to a child under a gestational agreement.
(n) "Man" means a male individual of any age.
(o) "Parent" means an individual who has established a
parent-child relationship under Section 201.
(p) "Parent-child relationship" means the legal
relationship between a child and a parent of the child.
(q) "Presumed parent" means an individual who, by operation
of law under Section 204, is recognized as the parent of a
child until that status is rebutted or confirmed in a judicial
or administrative proceeding.
(r) "Probability of paternity" means the measure, for the
ethnic or racial group to which the alleged father belongs, of
the probability that the man in question is the father of the
child, compared with a random, unrelated man of the same ethnic
or racial group, expressed as a percentage incorporating the
combined paternity index and a prior probability.
(s) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(t) "Signatory" means an individual who authenticates a
record and is bound by its terms.

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(u) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(v) "Support-enforcement agency" means a public official
or agency authorized to seek:
(1) enforcement of support orders or laws relating to
the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) location of child-support obligors and their
income and assets.
Section 104. Scope of Act; choice of law.
(a) This Act applies to determination of parentage in this
State.
(b) The court shall apply the law of this State to
adjudicate the parent-child relationship. The applicable law
does not depend on:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
(c) This Act does not create, enlarge, or diminish parental
rights or duties under other law of this State.
Section 105. Authority to establish parentage. The circuit
courts are authorized to establish parentage under this Act.

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The Illinois 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. Such administrative determinations shall have
the full force and effect of court judgments entered under this
Act.
Section 106. Protection of participants. Proceedings under
this Act are subject to other law of this State governing the
health, safety, privacy, and liberty of a child or other
individual who could be jeopardized by disclosure of
identifying information, including address, telephone number,
place of employment, social security number, and the child's
day-care facility and school.
ARTICLE 2. PARENT-CHILD RELATIONSHIP
Section 201. Establishment of parent-child relationship.
(a) The parent-child relationship is established between a
woman and a child by:
(1) the woman's having given birth to the child, except
as otherwise provided in the Gestational Surrogacy Act;
(2) an adjudication of the woman's parentage;
(3) adoption of the child by the woman;
(4) a determination confirming the woman as a parent of
a child born to a gestational mother if a gestational

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agreement is valid under the Gestational Surrogacy Act or
is enforceable under other law; or
(5) an unrebutted presumption of the woman's parentage
of the child under Section 204.
(b) The parent-child relationship is established between a
man and a child by:
(1) an unrebutted presumption of the man's parentage of
the child under Section 204;
(2) an effective Voluntary Acknowledgment of Paternity
by the man under Article 3, unless the acknowledgment has
been rescinded or successfully challenged;
(3) an adjudication of the man's parentage;
(4) adoption of the child by the man;
(5) the man's having consented to assisted
reproduction by a woman under Article 7 which resulted in
the birth of the child; or
(6) a determination confirming the man as a parent of a
child born to a gestational surrogate if there is a
gestational agreement valid under the Gestational
Surrogacy Act or there is a surrogacy agreement enforceable
under other law.
(c) Insofar as practicable, the provisions of this Act
applicable to parent-child relationships shall apply equally
to men and women as parents, including, but not limited to, the
obligation to support.

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Section 202. Parents' legal relationship. Every child has
equal rights under the law regardless of the parents' legal
relationship.
Section 203. Consequences of establishment of parentage. A
parent-child relationship established under this Act applies
for all purposes, except as otherwise specifically provided by
other law of this State.
Section 204. Presumption of parentage.
(a) A man is presumed to be the parent of a child if:
(1) he and the mother of the child are married to each
other or are in a state-recognized civil union and the
child is born to the mother during the marriage or civil
union, except as provided by the Gestational Surrogacy Act
or Article 7 of this Act;
(2) he and the mother of the child were married to each
other or were in a state-recognized civil union and the
child is born to the mother within 300 days after the
marriage or civil union is terminated by death, declaration
of invalidity of marriage or civil union, judgment for
dissolution of marriage or civil union, or after a judgment
for legal separation, except as provided by the Gestational
Surrogacy Act or Article 7 of this Act;
(3) before the birth of the child, he and the mother of
the child married each other or entered into a

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state-recognized civil union in apparent compliance with
law, even if the attempted marriage or civil union is or
could be declared invalid, and the child is born during the
invalid marriage or civil union or within 300 days after
its termination by death, declaration of invalidity of
marriage or civil union, judgment for dissolution of
marriage or civil union, or after a judgment for legal
separation, except as provided by the Gestational
Surrogacy Act or Article 7 of this Act;
(4) after the child's birth, he and the child's mother
have married each other or entered into a state-recognized
civil union, even though the marriage or civil union is or
could be declared invalid, and he is named, with his
written consent, as the child's father on the child's birth
certificate; or
(5) for the first 2 years of the child's life, he
resided in a household with the child and openly held out
the child as his own during that time.
(b) A woman is presumed to be the parent of a child if she
and the natural mother of the child were in a state-recognized
civil union or marriage at the time of the birth and the
natural father of the child has not commenced an action to
establish his parentage.
Section 205. Proceedings to declare the non-existence of
the parent-child relationship.

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(a) An action to declare the non-existence of the
parent-child relationship may be brought by the child, the
natural mother, or a man or woman presumed to be the parent
under Section 204 of this Act. Actions brought by the child,
the natural mother, or a presumed parent shall be brought by
verified complaint, which shall be designated a petition. After
the presumption that a man or woman presumed to be the parent
under Section 204 of this Act has been rebutted, parentage of
the child by another man or woman may be established in the
same action, if he or she has been made a party.
(b) An action to declare the non-existence of the
parent-child relationship brought under subsection (a) of this
Section shall be barred if brought later than 2 years after the
petitioner obtains knowledge of the relevant facts. The 2-year
period for bringing an action to declare the non-existence of
the parent-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-child relationship.
(c) An action to declare the non-existence of the
parent-child relationship may be brought subsequent to an
adjudication of parentage in any judgment by the man
adjudicated to be the parent pursuant to a presumption in
paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
of deoxyribonucleic acid (DNA) testing, it is discovered that

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the man adjudicated to be the father is not the natural father
of the child. Actions brought by the adjudicated father shall
be brought by verified petition. If, as a result of the
deoxyribonucleic acid (DNA) testing, the petitioner is
determined not to be the natural father of the child, the
adjudication of paternity and any orders regarding custody,
parenting time, and future payments of support may be vacated.
(d) An action to declare the non-existence of the
parent-child relationship brought under subsection (c) of this
Section shall be barred if brought more than 2 years after the
petitioner obtains actual knowledge of relevant facts. 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) testing. The 2-year period for
bringing an action to declare the non-existence of the
parent-child relationship shall not extend beyond the date on
which the child reaches the age of 18 years.
ARTICLE 3. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
Section 301. Voluntary Acknowledgment of Paternity. A
parent-child relationship may be established voluntarily by
the signing and witnessing of a Voluntary Acknowledgment of
Paternity in accordance with Section 12 of the Vital Records
Act and Section 10-17.7 of the Illinois Public Aid Code. The
Voluntary Acknowledgment of Paternity shall contain the social

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security numbers of the persons signing the Voluntary
Acknowledgment of Paternity; however, failure to include the
social security numbers of the persons signing a Voluntary
Acknowledgment of Paternity does not invalidate the Voluntary
Acknowledgment of Paternity.
Section 302. Execution of Voluntary Acknowledgment of
Paternity.
(a) A Voluntary Acknowledgment of Paternity must:
(1) be in a record;
(2) be signed, or otherwise authenticated, under
penalty of perjury by the mother and by the man seeking to
establish his paternity;
(3) state that the child whose paternity is being
acknowledged:
(A) does not have a presumed father, or has a
presumed father whose full name is stated; and
(B) does not have another acknowledged or
adjudicated father;
(4) be witnessed; and
(5) state that the signatories understand that the
acknowledgment is the equivalent of a judicial
adjudication of paternity of the child and that a challenge
to the acknowledgment is permitted only under limited
circumstances and is barred after 4 years.
(b) An acknowledgment of paternity is void if it:

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(1) states that another man is a presumed father,
unless a denial of paternity signed or otherwise
authenticated by the presumed father is filed with the
Illinois Department of Healthcare and Family Services, as
provided by law;
(2) states that another man is an acknowledged or
adjudicated father; or
(3) falsely denies the existence of a presumed,
acknowledged, or adjudicated father of the child.
(c) A presumed father may sign or otherwise authenticate an
acknowledgment of paternity.
Section 303. Denial of paternity. A presumed father may
sign a denial of his paternity. The denial is valid only if:
(a) a Voluntary Acknowledgment of Paternity signed, or
otherwise authenticated, by another man is filed pursuant to
Section 305;
(b) the denial is in a record, and is signed, or otherwise
authenticated, under penalty of perjury; and
(c) the presumed father has not previously:
(1) acknowledged his paternity, unless the previous
acknowledgment has been rescinded pursuant to Section 307
or successfully challenged pursuant to Section 308; or
(2) been adjudicated to be the father of the child.
Section 304. Rules for acknowledgment and denial of

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paternity.
(a) An acknowledgment of paternity and a denial of
paternity may be contained in a single document or may be
signed in counterparts, and may be filed separately or
simultaneously. If the acknowledgement and denial are both
necessary, neither is valid until both are filed.
(b) An acknowledgment of paternity or a denial of paternity
may be signed before the birth of the child.
(c) Subject to subsection (a), an acknowledgment of
paternity or denial of paternity takes effect on the birth of
the child or the filing of the document with the Illinois
Department of Healthcare and Family Services, as provided by
law, whichever occurs later.
(d) An acknowledgment of paternity or denial of paternity
signed by a minor is valid if it is otherwise in compliance
with this Act.
Section 305. Effect of acknowledgment or denial of
paternity.
(a) Except as otherwise provided in Sections 307 and 308, a
valid acknowledgment of paternity filed with the Illinois
Department of Healthcare and Family Services, as provided by
law, is equivalent to an adjudication of the paternity of a
child and confers upon the acknowledged father all of the
rights and duties of a parent.
(b) Notwithstanding any other provisions of this Act,

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paternity established in accordance with Section 301 has the
full force and effect of a judgment entered under this Act and
serves as a basis for seeking a child support order without any
further proceedings to establish paternity.
(c) A judicial or administrative proceeding to ratify
paternity established in accordance with Section 301 is neither
required nor permitted.
(d) Except as otherwise provided in Sections 307 and 308, a
valid denial of paternity by a presumed father filed with the
Illinois Department of Healthcare and Family Services, as
provided by law, in conjunction with a Voluntary Acknowledgment
of Paternity, is equivalent to an adjudication of the
nonpaternity of the presumed father and discharges the presumed
father from all rights and duties of a parent.
Section 306. No filing fee. The Illinois Department of
Healthcare and Family Services, as provided by law, may not
charge for filing a Voluntary Acknowledgment of Paternity or
denial of paternity.
Section 307. Proceeding for rescission. A signatory may
rescind a Voluntary Acknowledgment of Paternity or denial of
paternity by filing a signed and witnessed rescission with the
Illinois Department of Healthcare and Family Services as
provided in Section 12 of the Vital Records Act, before the
earlier of:

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(a) 60 days after the effective date of the acknowledgment
or denial, as provided in Section 304; or
(b) the date of a judicial or administrative proceeding
relating to the child (including a proceeding to establish a
support order) in which the signatory is a party.
Section 308. Challenge after expiration of period for
rescission. After the period for rescission under Section 307
has expired, a signatory of a Voluntary Acknowledgment of
Paternity or denial of paternity may commence a proceeding to
challenge the acknowledgment or denial only as provided in
Section 309.
Section 309. Procedure for challenge.
(a) An acknowledgment of paternity and any related denial
of paternity may be challenged only on the basis of fraud,
duress, or material mistake of fact by filing a verified
petition pursuant to this Section within 4 years after the
effective date of the acknowledgment or denial, as provided in
Section 304. Time during which the person challenging the
acknowledgment or denial is under legal disability or duress or
the ground for relief is fraudulently concealed shall be
excluded in computing the period of 4 years.
(b) The verified petition shall be filed in the county
where a proceeding relating to the child was brought, such as a
support proceeding or, if none exists, in the county where the

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child resides. Every signatory to the acknowledgment of
paternity and any related denial of paternity must be made a
party to a proceeding to challenge the acknowledgment or
denial. The party challenging the acknowledgment or denial
shall have the burden of proof.
(c) For the purpose of a challenge to an acknowledgment of
paternity or denial of paternity, a signatory submits to
personal jurisdiction of this State by signing the
acknowledgment and any related denial, effective upon the
filing of the acknowledgment and any related denial with the
Illinois Department of Healthcare and Family Services, as
provided in Section 12 of the Vital Records Act.
(d) Except for good cause shown, during the pendency of a
proceeding to challenge an acknowledgment of paternity or
denial of paternity, the court may not suspend the legal
responsibilities of a signatory arising from the
acknowledgment, including the duty to pay child support.
(e) At the conclusion of a proceeding to challenge an
acknowledgment of paternity or denial of paternity, the court
shall order the Illinois Department of Public Health to amend
the birth record of the child, if appropriate. A copy of an
order entered at the conclusion of a proceeding to challenge
shall be provided to the Illinois Department of Healthcare and
Family Services.
Section 310. Ratification barred. A court or

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administrative agency conducting a judicial or administrative
proceeding is not required or permitted to ratify an
unchallenged acknowledgment of paternity.
Section 311. Full faith and credit. A court of this State
shall give full faith and credit to an acknowledgment of
paternity or denial of paternity effective in another state if
the acknowledgment or denial has been signed and is otherwise
in compliance with the law of the other state.
Section 312. Forms for acknowledgment and denial of
paternity.
(a) To facilitate compliance with this Article, the
Illinois Department of Healthcare and Family Services shall
prescribe forms for the acknowledgment of paternity and the
denial of paternity and for the rescission of acknowledgement
or denial consistent with Section 307.
(b) A Voluntary Acknowledgment of Paternity or denial of
paternity is not affected by a later modification of the
prescribed form.
Section 313. Release of information. The Illinois
Department of Healthcare and Family Services may release
information relating to the acknowledgment of paternity or
denial of paternity to a signatory of the acknowledgment or
denial; to the child's guardian, the emancipated child, or the

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legal representatives of those individuals; to appropriate
federal agencies; and to courts and appropriate agencies of
this State or another state.
Section 314. Adoption of rules. The Illinois Department of
Public Health and the Illinois Department of Healthcare and
Family Services may adopt rules to implement this Article.
ARTICLE 4. GENETIC TESTING
Section 401. Proceeding authorized. As soon as
practicable, the court or Administrative Hearing Officer in an
Expedited Child Support System may, and upon request of a party
shall, order or direct the mother, child, and alleged father to
submit to deoxyribonucleic acid (DNA) testing to determine
inherited characteristics. If any party refuses to submit to
genetic testing, the court may resolve the question of
paternity against that party or enforce its order if the rights
of others and the interests of justice so require.
Section 402. Requirements for genetic testing.
(a) The genetic testing shall be conducted by an expert
qualified as an examiner of blood or tissue types and appointed
by the court. The expert shall determine the genetic testing
procedures. However, any interested party, for good cause
shown, in advance of the scheduled genetic testing, may request

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a hearing to object to the qualifications of the expert or the
genetic testing procedures. The expert appointed by the court
shall testify at the pre-test hearing at the expense of the
party requesting the hearing, except as provided in Section 504
for an indigent party. An expert not appointed by the court
shall testify at the pre-test hearing at the expense of the
party retaining the expert. Inquiry into an expert's
qualifications at the pre-test hearing shall not affect either
party's right to have the expert qualified at trial.
(b) Genetic testing must be of a type reasonably relied
upon by experts in the field of genetic testing and performed
in a testing laboratory accredited by the American Association
of Blood Banks, or a successor to its functions.
(c) A specimen used in genetic testing may consist of one
or more samples, or a combination of samples, of blood, buccal
cells, bone, hair, or other body tissue or fluid.
(d) The testing laboratory shall determine the databases
from which to select frequencies for use in calculation of the
probability of paternity based on the ethnic or racial group of
an individual or individuals. If there is disagreement as to
the testing laboratory's choice, the following rules apply:
(1) The individual objecting may require the testing
laboratory, within 30 days after receipt of the report of
the genetic testing, to recalculate the probability of
paternity using an ethnic or racial group different from
that used by the laboratory.

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(2) The individual objecting to the testing
laboratory's initial choice shall:
(A) if the frequencies are not available to the
testing laboratory for the ethnic or racial group
requested, provide the requested frequencies compiled
in a manner recognized by accrediting bodies; or
(B) engage another testing laboratory to perform
the calculations.
(e) If, after recalculation using a different ethnic or
racial group, genetic testing does not reputably identify a man
as the father of a child, an individual who has been tested may
be required to submit to additional genetic testing.
Section 403. Genetic test results.
(a) The expert shall prepare a written report of the
genetic test results. If the genetic test results show that the
alleged father is not excluded, the report shall contain
statistics based upon the statistical formula of combined
paternity index (CPI) and the probability of paternity as
determined by the probability of exclusion (Random Man Not
Excluded = RMNE). The expert may be called by the court as a
witness to testify to his or her findings and, if called, shall
be subject to cross-examination by the parties. If the genetic
test results show that the alleged father is not excluded, any
party may demand that other experts, qualified as examiners of
blood or tissue types, perform independent genetic testing

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under order of court, including, but not limited to, blood
types or other testing of genetic markers. The results of the
genetic testing may be offered into evidence. The number and
qualifications of the experts shall be determined by the court.
(b) Documentation of the chain of custody of the blood or
tissue samples, accompanied by an affidavit or certification in
accordance with Section 1-109 of the Code of Civil Procedure,
is competent evidence to establish the chain of custody.
(c) The report of the genetic test results prepared by the
appointed expert shall be made by affidavit or by certification
as provided in Section 1-109 of the Code of Civil Procedure and
shall be mailed to all parties. A proof of service shall be
filed with the court. The verified report shall be admitted
into evidence at trial without foundation testimony or other
proof of authenticity or accuracy, unless a written motion
challenging the admissibility of the report is filed by either
party within 28 days of receipt of the report, in which case
expert testimony shall be required. A party may not file such a
motion challenging the admissibility of the report later than
28 days before commencement of trial. Before trial, the court
shall determine whether the motion is sufficient to deny
admission of the report by verification. Failure to make that
timely motion constitutes a waiver of the right to object to
admission by verification and shall not be grounds for a
continuance of the hearing to establish paternity.

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Section 404. Effect of genetic testing. Genetic testing
taken pursuant to this Section shall have the following effect:
(a) If the court finds that the conclusion of the expert or
experts, as disclosed by the evidence based upon the genetic
testing, is that the alleged father is not the parent of the
child, the question of paternity shall be resolved accordingly.
(b) If the experts disagree in their findings or
conclusions, the question shall be weighed with other competent
evidence of paternity.
(c) If the genetic testing results indicate that the
alleged father is not excluded and that the combined paternity
index is at least 1,000 to 1, and there is at least a 99.9%
probability of paternity, the alleged father is presumed to be
the father, and this evidence shall be admitted.
(d) A man identified under subsection (c) of this Section
as the father of the child may rebut the genetic testing
results by other genetic testing satisfying the requirements of
this Article which:
(1) excludes the man as a genetic father of the child;
or
(2) identifies another man as the possible father of
the child.
(e) Except as otherwise provided in this Article 4, if more
than one man is identified by genetic testing as the possible
father of the child, the court shall order them to submit to
further genetic testing to identify the genetic father.

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Section 405. Cost of genetic testing. The expense of the
genetic testing shall be paid by the party who requests the
genetic testing, except that the court may apportion the costs
between the parties, upon request. When the genetic testing is
requested by the party seeking to establish paternity and that
party is found to be indigent by the court, the expense shall
be paid by the public agency providing representation; except
that where a public agency is not providing representation, the
expense shall be paid by the county in which the action is
brought. When the genetic testing is ordered by the court on
its own motion or is requested by the alleged or presumed
father and that father is found to be indigent by the court,
the expense shall be paid by the county in which the action is
brought. Any part of the expense may be taxed as costs in the
action, except that no costs may be taxed against a public
agency that has not requested the genetic testing.
Section 406. Compensation of expert. The compensation of
each expert witness appointed by the court shall be paid as
provided in Section 405. Any part of the payment may be taxed
as costs in the action, except that no costs may be taxed
against a public agency that has not requested the services of
the expert witness.
Section 407. Independent genetic testing. Nothing in this

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Section shall prevent any party from obtaining genetic testing
of his or her own blood or tissue independent of those ordered
by the court or from presenting expert testimony interpreting
those tests or any other blood tests ordered pursuant to this
Section. Reports of all the independent tests, accompanied by
affidavit or certification pursuant to Section 1-109 of the
Code of Civil Procedure, and notice of any expert witnesses to
be called to testify to the results of those tests shall be
submitted to all parties at least 30 days before any hearing
set to determine the issue of parentage.
Section 408. Additional persons to be tested.
(a) Subject to subsection (b), if a genetic-testing
specimen is not available from a man who may be the father of a
child, for good cause and under circumstances the court
considers to be just, the court may order the following
individuals to submit specimens for genetic testing:
(1) the parents of the man;
(2) brothers and sisters of the man;
(3) other children of the man and their mothers; and
(4) other relatives of the man necessary to complete
genetic testing.
(b) Issuance of an order under this Section requires a
finding that a need for genetic testing outweighs the
legitimate interests of the individual sought to be tested and
in no event shall such an order be issued until the individual

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is joined as a party and given notice as required under the
Code of Civil Procedure.
ARTICLE 5. TEMPORARY RELIEF
Section 501. Temporary order.
(a) On motion by a party and a showing of clear and
convincing evidence of parentage, the court shall issue a
temporary order for support of a child if the order is
appropriate and the individual ordered to pay support is:
(1) a presumed parent of the child;
(2) petitioning to have parentage adjudicated;
(3) identified as the father through genetic testing
under Article 4;
(4) an alleged father who has declined to submit to
genetic testing;
(5) shown by clear and convincing evidence to be the
child's father; or
(6) the mother of the child.
In determining the amount of a temporary child support
award, the court shall use the guidelines and standards set
forth in Sections 505 and 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
(b) A temporary order may include provisions for custody
and parenting time as provided by the Illinois Marriage and
Dissolution of Marriage Act.

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(c) Temporary orders issued under this Section shall not
have prejudicial effect with respect to final support, custody,
or parenting time orders.
Section 502. Injunctive relief.
(a) In any action brought under this Act for the initial
determination of parentage, custody or parenting time of a
child or for modification of a prior custody or parenting time
order, the court, upon application of any party, may enjoin a
party having physical possession or custody of a child from
temporarily removing the child from Illinois pending the
adjudication of the issues of parentage, custody, and parenting
time. When deciding whether to enjoin removal of a child, or to
order a party to return the child to the State of Illinois, the
court shall consider factors including, but not limited to:
(1) the extent of previous involvement with the child
by the party seeking to enjoin removal or to have the
absent party return the child to the State of Illinois;
(2) the likelihood that parentage will be established;
and
(3) the impact on the financial, physical, and
emotional health of the party being enjoined from removing
the child or the party being ordered to return the child to
the State of Illinois.
(b) A temporary restraining order or preliminary
injunction under this Act shall be governed by the relevant

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provisions of Part 1 of Article XI of the Code of Civil
Procedure.
(c) Notwithstanding the provisions of subsection (a), the
court may decline to enjoin a domestic violence victim having
physical possession or custody of a child from temporarily or
permanently removing the child from Illinois pending the
adjudication of issues of custody or parenting time. In
determining whether a person is a domestic violence victim, the
court shall consider the following factors:
(1) a sworn statement by the person that the person
has good reason to believe that he or she is the victim of
domestic violence or stalking;
(2) a sworn statement that the person fears for his
or her safety or the safety of his or her children;
(3) evidence from police, court, or other
government agency records or files;
(4) documentation from a domestic violence program
if the person is alleged to be a victim of domestic
violence;
(5) documentation from a legal, clerical, medical,
or other professional from whom the person has sought
assistance in dealing with the alleged domestic violence;
and
(6) any other evidence that supports the sworn
statements, such as a statement from any other individual
with knowledge of the circumstances that provides the basis

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for the claim, or physical evidence of the act or acts of
domestic violence.
ARTICLE 6. PROCEEDING TO ADJUDICATE PARENTAGE
Section 601. Proceeding authorized. A civil proceeding may
be maintained to adjudicate the parentage of a child. The
proceeding is governed by the Code of Civil Procedure and the
Illinois Supreme Court Rules. Administrative proceedings
adjudicating paternity shall be governed by Section 10-17.7 of
the Illinois Public Aid Code.
Section 602. Standing to maintain proceeding to establish
parent-child relationship. A complaint to adjudicate parentage
shall be verified, shall be designated a petition, and shall
name the person or persons alleged to be the parent of the
child. Subject to Article 3 and Sections 607, 608, and 609, a
proceeding to adjudicate parentage may be maintained by:
(a) the child;
(b) the mother of the child;
(c) a pregnant woman;
(d) a man presumed or alleging himself to be the father of
the child;
(e) the support-enforcement agency or other governmental
agency authorized by other law;
(f) any person or public agency that has custody of, is

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providing financial support to, or has provided financial
support to the child;
(g) the Department of Healthcare and Family Services if it
is providing, or has provided, financial support to the child
or if it is assisting with child support collections services;
(h) an authorized adoption agency or licensed
child-placing agency;
(i) a representative authorized by law to act for an
individual who would otherwise be entitled to maintain a
proceeding but who is deceased, incapacitated, or a minor; or
(j) an intended parent under the Gestational Surrogacy Act.
Section 603. Subject matter and personal jurisdiction.
(a) The circuit courts shall have jurisdiction of any
action brought under this Act. In any civil action not brought
under this Act, the provisions of this Act shall apply if
parentage is at issue. The court may join any action under this
Act with any other civil action where applicable.
(b) An individual may not be adjudicated to be a parent
unless the court has personal jurisdiction over the individual.
(c) A court of this State having jurisdiction to adjudicate
parentage may exercise personal jurisdiction over a
nonresident individual, or the guardian or conservator of the
individual, if the conditions prescribed in Section 201 of the
Uniform Interstate Family Support Act are fulfilled.
(d) Lack of jurisdiction over one individual does not

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preclude the court from making an adjudication of parentage
binding on another individual over whom the court has personal
jurisdiction.
Section 604. Venue.
(a) Venue for a proceeding to adjudicate parentage is any
county of this State in which any party resides, or if the
father is deceased, in which a proceeding for probate or
administration of the presumed or alleged father's estate has
been commenced, or could be commenced.
(b) A child custody proceeding is commenced in the county
where the child resides.
Section 605. Notice to presumed father.
(a) In any action brought under Article 3 or Article 6 of
this Act where the man signing the petition for an order
establishing the existence of the parent-child relationship by
consent or the man alleged to be the father in a petition is
different from a man who is presumed to be father of the child
under Article 2, a notice shall be served on the presumed
father in the same manner as summonses are served in other
civil proceedings or, in lieu of personal service, service may
be made as follows:
(1) The person requesting notice shall pay to the clerk
of the circuit court a mailing fee of $1.50 and furnish to
the clerk of the circuit court an original and one copy of

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a notice together with an affidavit setting forth the
presumed father's last known address. The original notice
shall be retained by the clerk of the circuit court.
(2) The clerk of the circuit court shall promptly mail
to the presumed father, at the address appearing in the
affidavit, the copy of the notice by certified mail, return
receipt requested. The envelope and return receipt shall
bear the return address of the clerk of the circuit court.
The receipt for certified mail shall state the name and
address of the addressee and the date of mailing and shall
be attached to the original notice.
(3) The return receipt, when returned to the clerk of
the circuit court, shall be attached to the original notice
and shall constitute proof of service.
(4) The clerk of the circuit court shall note the fact
of service in a permanent record.
(b) The notice shall read as follows:
IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER.
You have been identified as the presumed father of
......... , born on ......... The mother of the child is
.........
An action is being brought to establish the parent-child
relationship between the named child and a man named by the
mother, .........
Under the law, you are presumed to be the father if:
(1) you and the mother of the child are married to each

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other and the child is born during the marriage;
(2) you and the mother of the child were married to
each other and the child is born within 300 days after the
marriage is terminated by death, declaration of invalidity
of marriage, judgment for dissolution of marriage, or after
a judgment for legal separation;
(3) before the birth of the child, you and the mother
of the child married each other in apparent compliance with
law, even if the attempted marriage is or could be declared
invalid, and the child is born during the invalid marriage
or within 300 days after its termination by death,
declaration of invalidity of marriage, judgment for
dissolution of marriage, or after a judgment for legal
separation;
(4) after the child's birth, you and the child's mother
have married each other, even though the marriage is or
could be declared invalid, and you are named, with your
written consent, as the child's father on the child's birth
certificate.
As the presumed father, you have certain legal rights with
respect to the named child, including the right to notice of
the filing of proceedings instituted for the establishment of
parentage of said child and if named as the father in a
petition to establish parentage, the right to submit, along
with the mother and child, to deoxyribonucleic acid (DNA) tests
to determine inherited characteristics. If you wish to assert

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your rights with respect to said child, you must file with the
Clerk of this Circuit Court of ......... County, Illinois whose
address is ........ , Illinois, within 30 days after the date
of receipt of this notice, a declaration of parentage stating
that you are, in fact, the father of said child and that you
intend to assert your legal rights with respect to said child,
or request to be notified of any further proceedings with
respect to the parentage of said child.
If you do not file such declaration of parentage, or a
request for notice, then whatever legal rights you have with
respect to the named child, including the right to notice of
any future proceedings for the establishment of parentage of
the child, may be terminated without any further notice to you.
When your legal rights with respect to the named child are so
terminated, you will not be entitled to notice of any future
proceedings.
(c) The notice to presumed fathers provided for in this
Section in any action brought by a public agency shall be
prepared and mailed by such public agency and the mailing fee
to the clerk of the circuit court shall be waived.
Section 606. Summons. The summons that is served on a
respondent shall include the return date on or by which the
respondent must appear and shall contain the following
information, in a prominent place and in conspicuous language,
in addition to the information required to be provided by the

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laws of this State: "If you do not appear as instructed in this
summons, you may be required to support the child named in this
petition until the child is at least 18 years old. You may also
have to pay the pregnancy and delivery costs of the mother.".
Section 607. No limitation; child having no presumed,
acknowledged, or adjudicated parent. A proceeding to
adjudicate the parentage of a child having no presumed,
acknowledged, or adjudicated parent may be commenced at any
time, even after:
(a) the child becomes an adult, but only if the child
initiates the proceeding; or
(b) an earlier proceeding to adjudicate parentage has been
dismissed based on the application of a statute of limitations
then in effect.
Section 608. Limitation; child having presumed parent.
(a) Except as otherwise provided in subsection (b), a
proceeding brought by a presumed father, the mother, or another
individual to adjudicate the parentage of a child having a
presumed father, must be commenced not later than 2 years after
the birth of the child.
(b) A proceeding seeking to declare the non-existence of
the parent-child relationship between a child and the child's
presumed father may be maintained at any time if the court
determines that the presumed father and the mother of the child

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neither cohabited nor engaged in sexual intercourse with each
other during the probable time of conception.
Section 609. Limitation; child having acknowledged or
adjudicated parent.
(a) If a child has an acknowledged father, a signatory to
the acknowledgment of paternity or denial of paternity may
commence a proceeding seeking to challenge the acknowledgement
or denial or challenge the paternity of the child only within
the time allowed under Section 309.
(b) If a child has an acknowledged father or an adjudicated
father, an individual, other than the child, who is neither a
signatory to the acknowledgment of paternity nor a party to the
adjudication and who seeks an adjudication of parentage of the
child must commence a proceeding not later than 2 years after
the effective date of the acknowledgment or adjudication.
(c) A proceeding under this Section is subject to the
application of the principles of estoppel established in
Section 610.
Section 610. Authority to deny motion for genetic testing.
(a) In a proceeding to adjudicate the parentage of a child
having a presumed father, the court may deny a motion seeking
an order for genetic testing of the mother, the child, and the
presumed father if the court determines that:
(1) the conduct of the mother or the presumed father

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estops that party from denying parentage; and
(2) it would be inequitable to disprove the
father-child relationship between the child and the
presumed father.
(b) In determining whether to deny a motion seeking an
order for genetic testing under this Section, the court shall
consider the best interest of the child, including the
following factors:
(1) the length of time between the proceeding to
adjudicate parentage and the time that the presumed father
was placed on notice that he might not be the biological
father;
(2) the length of time during which the presumed father
has assumed the role of father of the child;
(3) the facts surrounding the presumed father's
discovery of his possible nonpaternity;
(4) the nature of the relationship between the child
and the presumed father;
(5) the age of the child;
(6) the harm that may result to the child if presumed
paternity is successfully disproved;
(7) the nature of the relationship between the child
and any alleged father;
(8) the extent to which the passage of time reduces the
chances of establishing the paternity of another man and a
child-support obligation in favor of the child;

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(9) other factors that may affect the equities arising
from the disruption of the father-child relationship
between the child and the presumed father or the chance of
other harm to the child; and
(10) any other factor the court determines to be
equitable.
(c) In a proceeding involving the application of this
Section, a minor or incapacitated child must be represented by
a guardian ad litem.
(d) If the court denies a motion seeking an order for
genetic testing, it shall issue an order adjudicating the
presumed father to be the father of the child.
Section 611. Joinder of proceedings.
(a) Except as otherwise provided in subsection (b), a
proceeding to adjudicate parentage may be joined with a
proceeding for adoption, termination of parental rights, child
custody or parenting time, child support, dissolution of
marriage or civil union, declaration of invalidity of marriage
or civil union, legal separation, probate or administration of
an estate, or other appropriate proceeding.
(b) A respondent may not join a proceeding described in
subsection (a) with a proceeding to adjudicate parentage
brought under the Uniform Interstate Family Support Act.
Section 612. Proceeding before birth. A proceeding to

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establish parentage may be commenced before the birth of the
child, but may not be concluded until after the birth of the
child. The following actions may be taken before the birth of
the child:
(a) service of process;
(b) the taking of depositions to perpetuate testimony; and
(c) except as prohibited by Article 4, collection of
specimens for genetic testing.
Section 613. Child as party; representation.
(a) A minor child is a permissible party, but is not a
necessary party to a proceeding under this Article.
(b) The court shall appoint a guardian ad litem to
represent a minor or incapacitated child if the child is a
party or the court finds that the interests of the child are
not adequately represented.
Section 614. Admissibility of results of genetic testing;
expenses.
(a) If a child has a presumed, acknowledged, or adjudicated
father, the results of genetic testing are inadmissible to
adjudicate parentage unless performed:
(1) with the consent of both the mother and the
presumed, acknowledged, or adjudicated father; or
(2) pursuant to an order of the court under Section
502.

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(b) Copies of bills for genetic testing and for prenatal
and postnatal health care for the mother and child which are
furnished to the adverse party not less than 10 days before the
date of a hearing are admissible to establish:
(1) the amount of the charges billed; and
(2) that the charges were reasonable, necessary, and
customary.
(c) Certified copies of the bills for costs incurred for
pregnancy and childbirth shall be admitted into evidence at
judicial or administrative proceedings without foundation
testimony or other proof of authenticity or accuracy.
Section 615. Consequences of declining genetic testing.
(a) An order for genetic testing is enforceable through a
proceeding for adjudication of contempt.
(b) If an individual whose paternity is being determined
declines to submit to genetic testing ordered by the court or
administrative agency, the court or administrative agency for
that reason may adjudicate parentage contrary to the position
of that individual.
(c) Genetic testing of the mother of a child is not a
condition precedent to genetically testing the child and a man
whose paternity is being determined. If the mother is
unavailable or declines to submit to genetic testing, the court
or administrative agency may order the genetic testing of the
child and every man whose paternity is being adjudicated.

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Section 616. Admission of paternity authorized.
(a) A respondent in a proceeding to adjudicate parentage
may admit to the paternity of a child by filing a pleading to
that effect or by admitting paternity under penalty of perjury
when making an appearance or during a hearing.
(b) If the court finds that the admission of paternity
satisfies the requirements of this Section and finds that there
is no reason to question the admission, the court shall enter
an order adjudicating the child to be the child of the man
admitting paternity.
Section 617. Rules for adjudication of paternity. The court
shall apply the following rules to adjudicate the paternity of
a child:
(a) The paternity of a child having an adjudicated father
may be disproved only by admissible results of genetic testing,
or other means, excluding that man as the father of the child
or identifying another man as the father of the child.
(b) Unless the results of genetic testing, or other
evidence, are admitted to rebut other results of genetic
testing, a man identified as the father of a child under
Section 404 must be adjudicated the father of the child.
(c) If the court finds that genetic testing under Section
405 neither identifies nor excludes a man as the father of a
child, the court may not dismiss the proceeding. In that event,

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the results of genetic testing, and other evidence, are
admissible to adjudicate the issue of paternity.
(d) Unless the results of genetic testing are admitted to
rebut other results of genetic testing, a man excluded as the
father of a child by genetic testing must be adjudicated not to
be the father of the child.
Section 618. Pre-trial proceedings. As soon as practicable
after an action to declare the existence or non-existence of
the father and child relationship has been brought, and the
parties are at issue, the court may conduct a pre-trial
conference.
Section 619. Jury prohibited. Trial by jury is not
available under this Act.
Section 620. Order on default. The court may issue an order
adjudicating the parentage of a person who is in default after
service of process.
Section 621. Binding effect of determination of parentage.
(a) Except as otherwise provided in subsection (b), a
determination of parentage is binding on:
(1) all signatories to an acknowledgement or denial of
paternity as provided in Article 3; and
(2) all parties to an adjudication by a court acting

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under circumstances that satisfy the jurisdictional
requirements of Section 201 of the Uniform Interstate
Family Support Act.
(b) A child is not bound by a determination of parentage
under this Act unless:
(1) the determination was based on an unrescinded
acknowledgment of paternity and the acknowledgement is
consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a
finding consistent with the results of genetic testing and
the consistency is declared in the determination or is
otherwise shown; or
(3) the child was a party or was represented in the
proceeding determining parentage by an guardian ad litem.
(c) In a proceeding for dissolution of marriage or civil
union, declaration of invalidity of marriage or civil union, or
legal separation, the court is deemed to have made an
adjudication of the parentage of a child if the court acts
under circumstances that satisfy the jurisdictional
requirements of Section 201 of the Uniform Interstate Family
Support Act, and the final order:
(1) expressly identifies a child as a "child of the
marriage or civil union", "issue of the marriage or civil
union", or similar words indicating that the husband is the
father of the child or the party to the civil union is the
parent of the child; or

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(2) provides for support of the child by the husband or
party to the civil union unless parentage is specifically
disclaimed in the order.
(d) Except as otherwise provided in subsection (b), a
determination of parentage may be a defense in a subsequent
proceeding seeking to adjudicate parentage by an individual who
was not a party to the earlier proceeding.
(e) A party to an adjudication of parentage may challenge
the adjudication only under law of this State relating to
appeal, vacation of judgments, or other judicial review.
ARTICLE 7. CHILD OF ASSISTED REPRODUCTION
Section 701. Scope of Article. This Article does not apply
to the birth of a child conceived by means of sexual
intercourse or as a result of a gestational agreement as
provided in the Gestational Surrogacy Act.
Section 702. Parental status of donor. A donor is not a
parent of a child conceived by means of assisted reproduction.
The donor of sperm provided to a licensed physician for use in
artificial insemination of a woman other than the donor's wife
or other party to his civil union shall be treated in law as if
he were not a parent of a child conceived by artificial
insemination. A woman who contributes an egg or eggs for the
purpose of in-vitro fertilization or implantation in a woman

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other than herself or the other party to her civil union shall
be treated in law as if she were not a parent of a child
conceived by assisted reproduction.
Section 703. Parentage of a child of assisted reproduction.
A man who provides sperm for, or consents to, assisted
reproduction (including artificial insemination) by a woman as
provided in Section 704 with the intent to be the parent of her
child, is a parent of the resulting child. A woman who provides
an egg or eggs for, or consents to, assisted reproduction
(including in-vitro fertilization and implantation) by a woman
as provided in Section 704 with the intent to be the parent of
her child, is a parent of the resulting child.
Section 704. Consent to assisted reproduction.
(a) Consent by a husband or party to a civil union who
intends to be a parent of a child born to the wife or other
party to a civil union by assisted reproduction must be in a
record signed by the husband and wife or both parties to the
civil union. This requirement does not apply to a donor, unless
the donor intends to be the parent.
(b) Failure to sign a consent required by subsection (a),
before or after the birth of the child, does not preclude a
finding of parentage if the married couple or parties to a
civil union, for the first 2 years of the child's life resided
in a household with the child and openly held out the child as

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their own during that time.
Section 705. Limitation of dispute of parentage.
(a) Any child born as the result of artificial insemination
shall be considered at law in all respects the same as a
naturally conceived child of the couple so requesting and
consenting to the use of artificial insemination.
(b) If, under the supervision of a licensed physician and
with the consent of the husband or other party to the civil
union, a wife or party to the civil union is inseminated
artificially with sperm donated by a donor, the husband or
other party to the civil union shall be treated in law as if he
or she is the natural parent of the child thereby conceived.
The husband's or other party to the civil union's consent must
be in writing executed and acknowledged by the husband and wife
or both parties to the civil union. The physician who is to
perform the technique shall certify their signatures and the
date of the insemination, and file the husband's or other party
to the civil union's consent in the medical record where it
shall be kept confidential and held by the patient's physician.
However, the physician's failure to do so shall not affect the
legal relationship between the husband or other party to the
civil union and the child. All records pertaining to the
insemination, whether part of the permanent medical record held
by the physician or not, are subject to inspection only upon an
order of the court or for good cause shown.

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(c) Except as otherwise provided in subsection (b), a
husband or party to a civil union whose wife or other party to
the civil union gives birth to a child by means of assisted
reproduction may not challenge parentage of the child unless:
(1) within 2 years after learning of the birth of the
child, the husband or party to the civil union commences a
proceeding to adjudicate parentage; and
(2) the court finds that the husband or party to the
civil union did not consent to the assisted reproduction,
before or after birth of the child.
(d) A proceeding to adjudicate parentage may be maintained
at any time if the court determines that:
(1) the husband or party to the civil union did not
provide sperm for, or before or after birth of the child
did not consent to, assisted reproduction by the wife or
other party to the civil union;
(2) the husband and wife or parties to the civil union
have not cohabitated since the probable time of assisted
reproduction; or
(3) the husband or other party to the civil union never
openly held out the child as his or her own.
(e) The limitation provided in this Section applies to a
marriage or civil union declared invalid after assisted
reproduction.
Section 706. Effect of dissolution of marriage or civil

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union or withdrawal of consent.
(a) If a marriage or civil union is dissolved or declared
invalid, or a judgement for legal separation is entered, before
implantation of existing eggs, sperm, embryo or embryos, the
former spouse or party is not a parent of the resulting child
unless the former spouse or party consented and the judgement
provides that if assisted reproduction were to occur after
entry of such judgement, the former spouse or party would be a
parent of the child.
(b) Consent to assisted reproduction may be withdrawn by an
individual in a record upon giving proper notice to the other
party and the clinic or physician who was to perform the
technique, by certified mail return receipt requested, at any
time before implantation placement of eggs, sperm, embryo or
embryos. An individual who withdraws consent under this Section
is not a parent of the resulting child.
Section 707. Parental status of deceased individual.
Unless an individual consents in a record to be a parent by
assisted reproduction after death, and dies before
implantation of eggs, sperm, embryo or embryos, the deceased
individual is not a parent of the resulting child.
ARTICLE 8. SUPPORT AND JUDGMENT
Section 801. Temporary child support orders.

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(a) Notwithstanding any other law to the contrary, pending
the outcome of a judicial determination of parentage, the court
shall issue a temporary order for child support, upon motion by
a party and a showing of clear and convincing evidence of
parentage. In determining the amount of the temporary child
support award, the court shall use the guidelines and standards
set forth in subsection (a) of Section 505 and in Section 505.2
of the Illinois Marriage and Dissolution of Marriage Act.
(b) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each judgment to be deemed entered
as of the date the corresponding payment or installment becomes
due under the terms of the support order. Each such judgment
shall have the full force, effect, and attributes of any other
judgment of this State, including the ability to be enforced.
Any such judgment is subject to modification or termination
only in accordance with Section 510 of the Illinois Marriage
and Dissolution of Marriage Act. Notwithstanding any other
state or local law to the contrary, a lien arises by operation
of law against the real and personal property of the
noncustodial parent for each installment of overdue support
owed by the noncustodial parent.
(c) All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to

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notify the court and, in cases in which a party is receiving
child support enforcement services under Article X of the
Illinois Public Aid Code, the Illinois Department of Healthcare
and Family Services, within 7 days (i) of the name and address
of any new employer of the non-custodial parent, (ii) whether
the non-custodial parent has access to health insurance
coverage through the employer or other group coverage and, if
so, of the policy name and number and the names of persons
covered under the policy, and (iii) of any new residential or
mailing address or telephone number of the non-custodial
parent. In any subsequent action to enforce a support order,
upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in the case may be
made at the last known address of the non-custodial parent in
any manner expressly provided by the Code of Civil Procedure or
in this Act, which service shall be sufficient for purposes of
due process.
(d) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age

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of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(e) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for the
enforcement and collection of child support including, but not
limited to, income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after January 1, 2006 must contain a statement notifying the
parties of the requirements of this subsection. Failure to
include the statement in the order for support does not affect

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the validity of the order or the operation of the provisions of
this subsection with regard to the order. This subsection shall
not be construed to prevent or affect the establishment or
modification of an order for the support of a minor child or
the establishment or modification of an order for the support
of a non-minor child or educational expenses under Section 513
of the Illinois Marriage and Dissolution of Marriage Act.
(f) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of the circuit court within 10 days each time the
obligor obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be in
writing and shall, in the case of new employment, include the
name and address of the new employer. Failure to report new
employment or the termination of current employment, if coupled
with nonpayment of support for a period in excess of 60 days,
is indirect criminal contempt. For any obligor arrested for
failure to report new employment, bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring the
obligor and obligee parents to advise each other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a minor child, or both, would be seriously
endangered by disclosure of the party's address.

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Section 802. Judgment.
(a) The court shall issue an order adjudicating whether a
man alleged or claiming to be the father is the parent of the
child. An order adjudicating parentage must identify the child
by name and date of birth.
The court may assess filing fees, reasonable attorney's
fees, fees for genetic testing, other costs, and necessary
travel and other reasonable expenses incurred in a proceeding
under this Act. The court may award attorney's fees, which may
be paid directly to the attorney, who may enforce the order in
the attorney's own name. The court may not assess fees, costs,
or expenses against the support-enforcement agency of this
State or another state, except as provided by other law.
The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support and
may contain provisions concerning the custody and guardianship
of the child, parenting time privileges with the child, the
furnishing of bond or other security for the payment of the
judgment, which the court shall determine in accordance with
the relevant factors set forth in the Illinois Marriage and
Dissolution of Marriage Act and any other applicable law of
Illinois, to guide the court in a finding in the best interests
of the child. In determining custody, joint custody, removal,
parenting time, parenting time interference, support for a
non-minor disabled child, educational expenses for a non-minor

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child, and related post-judgment issues, the court shall apply
the relevant standards of the Illinois Marriage and Dissolution
of Marriage Act. Specifically, in determining the amount of any
child support award, the court shall use the guidelines and
standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act.
(b) In an action brought within 2 years after a child's
birth, the judgment or order may direct either parent to pay
the reasonable expenses incurred by either parent or the
Department of Healthcare and Family Services related to the
mother's pregnancy and the delivery of the child.
(c)If a judgment of parentage contains no explicit award of
custody, the establishment of a child support obligation or of
parenting time rights in one parent shall be considered a
judgment granting custody to the other parent. If the parentage
judgment contains no such provisions, custody shall be presumed
to be with the mother; however, the presumption shall not apply
if the father has had physical custody for at least 6 months
prior to the date that the mother seeks to enforce custodial
rights.
(d)The court, if necessary to protect and promote the best
interests of the child, may set aside a portion of the
separately held estates of the parties in a separate fund or
trust for the support, education, physical and mental health,
and general welfare of any minor, or mentally or physically

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disabled child of the parties.
(e) The court shall order all child support payments,
determined in accordance with such guidelines, to commence with
the date summons is served. The level of current periodic
support payments shall not be reduced because of payments set
for the period prior to the date of entry of the support order.
The court may order any child support payments to be made for a
period prior to the commencement of the action. In determining
whether and the extent to which the payments shall be made for
any prior period, the court shall consider all relevant facts,
including the factors for determining the amount of support
specified in the Illinois Marriage and Dissolution of Marriage
Act and other equitable factors including but not limited to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to help
raise or support the child.
(3) The extent to which the mother or the public agency
bringing the action previously informed the father of the
child's needs or attempted to seek or require his help in
raising or supporting the child.
(4) The reasons the mother or the public agency did not
file the action earlier.
(5) The extent to which the father would be prejudiced
by the delay in bringing the action.
For purposes of determining the amount of child support to

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be paid for any period before the date the order for current
child support is entered, there is a rebuttable presumption
that the father's net income for the prior period was the same
as his net income at the time the order for current child
support is entered.
If (i) the non-custodial parent was properly served with a
request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii)
the non-custodial parent failed to comply with the request,
despite having been ordered to do so by the court, and (iii)
the non-custodial parent is not present at the hearing to
determine support despite having received proper notice, then
any relevant financial information concerning the
non-custodial parent's ability to provide child support that
was obtained pursuant to subpoena and proper notice shall be
admitted into evidence without the need to establish any
further foundation for its admission.
(f) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
judgment to be in the amount of each payment or installment of
support and each such judgment to be deemed entered as of the
date the corresponding payment or installment becomes due under
the terms of the support order. Each judgment shall have the
full force, effect, and attributes of any other judgment of
this State, including the ability to be enforced. Any such

HB6191 - 57 - LRB097 13524 JLS 69734 b
judgment is subject to modification or termination only in
accordance with Section 510 of the Illinois Marriage and
Dissolution of Marriage Act. Notwithstanding any State or local
law to the contrary, a lien arises by operation of law against
the real and personal property of the noncustodial parent for
each installment of overdue support owed by the noncustodial
parent.
(g) If the judgment or order of the court is at variance
with the child's birth certificate, the court shall order that
a new birth certificate be issued under the Vital Records Act.
(h) On request of the mother and the father, the court
shall order a change in the child's name.
(i) After hearing evidence the court may stay payment of
support during the period of the father's minority or period of
disability.
(j) If, upon a showing of proper service, the father fails
to appear in court or otherwise appear as provided by law, the
court may proceed to hear the cause upon testimony of the
mother or other parties taken in open court and shall enter a
judgment by default. The court may reserve any order as to the
amount of child support until the father has received notice,
by regular mail, of a hearing on the matter.
(k) All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which party is receiving
child support enforcement services under Article X of the

HB6191 - 58 - LRB097 13524 JLS 69734 b
Illinois Public Aid Code, the Illinois Department of Healthcare
and Family Services, within 7 days, (i) of the name and address
of any new employer of the non-custodial parent, (ii) whether
the non-custodial parent has access to health insurance
coverage through the employer or other group coverage and, if
so, of the policy name and number and the names of persons
covered under the policy, and (iii) of any new residential or
mailing address or telephone number of the non-custodial
parent. In any subsequent action to enforce a support order,
upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in the case may be
made at the last known address of the non-custodial parent in
any manner expressly provided by the Code of Civil Procedure or
this Act, which service shall be sufficient for purposes of due
process.
(l) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on

HB6191 - 59 - LRB097 13524 JLS 69734 b
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(m) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after January 1, 2005 must contain a statement notifying the
parties of the requirements of this subsection. Failure to
include the statement in the order for support does not affect
the validity of the order or the operation of the provisions of
this subsection with regard to the order. This subsection shall

HB6191 - 60 - LRB097 13524 JLS 69734 b
not be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
the Illinois Marriage and Dissolution of Marriage Act.
(n) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of court within 10 days each time the obligor obtains
new employment, and each time the obligor's employment is
terminated for any reason. The report shall be in writing and
shall, in the case of new employment, include the name and
address of the new employer. Failure to report new employment
or the termination of current employment, if coupled with
nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For any obligor arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring the
obligor and obligee parents to advise each other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a minor child, or both, would be seriously
endangered by disclosure of the party's address.
Section 803. Information to State Case Registry.

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(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code.
(b) Each order for support entered or modified by the
circuit court under this Act shall require that the obligor and
obligee (i) file with the clerk of the circuit court the
information required by this Section (and any other information
required under Title IV, Part D of the Social Security Act or
by the federal Department of Health and Human Services) at the
time of entry or modification of the order for support and (ii)
file updated information with the clerk of the circuit court
within 5 business days of any change. Failure of the obligor or
obligee to file or update the required information shall be
punishable as in cases of contempt. The failure shall not
prevent the court from entering or modifying the order for
support, however.
(c) The obligor shall file the following information: the
obligor's name, date of birth, social security number, and
mailing address. If either the obligor or the obligee receives
child support enforcement services from the Illinois
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code, the obligor shall also file the

HB6191 - 62 - LRB097 13524 JLS 69734 b
following information: the obligor's telephone number,
driver's license number, and residential address (if different
from the obligor's mailing address), and the name, address, and
telephone number of the obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or children
covered by the order for support.
(2) The dates of birth of the obligee and the child or
children covered by the order for support.
(3) The social security numbers of the obligee and the
child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Illinois Department of
Healthcare and Family Services under Article X of the Illinois
Public Aid Code, the order for support shall (i) require that
the obligee file the information required under subsection (d)
with the Illinois Department of Healthcare and Family Services
for inclusion in the State Case Registry, rather than file the
information with the clerk, and (ii) require that the obligee
include the following additional information:
(1) The obligee's telephone and driver's license
numbers.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the

HB6191 - 63 - LRB097 13524 JLS 69734 b
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Illinois Department of
Healthcare and Family Services within 5 business days of any
change.
(f) The clerk of the circuit court shall provide the
information filed under this Section, together with the court
docket number and county in which the order for support was
entered, to the State Case Registry within 5 business days
after receipt of the information.
(g) In a case in which a party is receiving child support
enforcement services under Article X of the Illinois Public Aid
Code, the clerk of the circuit court shall provide the
following additional information to the State Case Registry
within 5 business days after entry or modification of an order
for support or request from the Illinois Department of
Healthcare and Family Services:
(1) The amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order.
(2) Any such amounts that have been received by the
clerk, and the distribution of those amounts by the clerk.
(h) Information filed by the obligor and obligee under this
Section that is not specifically required to be included in the
body of an order for support under other laws is not a public

HB6191 - 64 - LRB097 13524 JLS 69734 b
record and shall be treated as confidential and subject to
disclosure only in accordance with the provisions of this
Section, Section 10-27 of the Illinois Public Aid Code, and
Title IV, Part D of the Social Security Act.
Section 804. Information to locate putative fathers and
noncustodial parents.
(a) Upon request by a public office, employers, labor
unions, and telephone companies shall provide location
information concerning putative fathers and noncustodial
parents for the purpose of establishing the parentage of a
child or establishing, enforcing, or modifying a child support
obligation. The term "public office" is defined as set forth in
the Income Withholding for Support Act. In this Section,
"location information" means information about (i) the
physical whereabouts of a putative father or noncustodial
parent, (ii) the employer of the putative father or
noncustodial parent, or (iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to
the putative father or noncustodial parent by the employer of
the putative father or noncustodial parent or by a labor union
of which the putative father or noncustodial parent is a
member. An employer, labor union, or telephone company shall
respond to the request of the public office within 15 days
after receiving the request. Any employer, labor union, or
telephone company that willfully fails to fully respond within

HB6191 - 65 - LRB097 13524 JLS 69734 b
the 15-day period shall be subject to a penalty of $100 for
each day that the response is not provided to the public office
after the 15-day period has expired. The penalty may be
collected in a civil action, which may be brought against the
employer, labor union, or telephone company in favor of the
public office.
(b) Upon being served with a subpoena (including an
administrative subpoena as authorized by law), a utility
company or cable television company must provide location
information to a public office for the purpose of establishing
the parentage of a child or establishing, enforcing, or
modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or
local law to the contrary, an employer, labor union, telephone
company, utility company, or cable television company shall not
be liable to any person for disclosure of location information
under the requirements of this Section, except for willful and
wanton misconduct.
Section 805. Enforcement of judgment or order.
(a) If existence of the parent-child relationship is
declared, or parentage or duty of support has been established
under this Act or under prior law or under the law of any other
jurisdiction, the judgment rendered thereunder may be enforced
in the same or other proceedings by any party or any person or
agency that has furnished or may furnish financial assistance

HB6191 - 66 - LRB097 13524 JLS 69734 b
or services to the child. The Income Withholding for Support
Act and Sections 802 and 808 of this Act shall also be
applicable with respect to entry, modification, and
enforcement of any support judgment entered under provisions of
the Paternity Act, approved July 5, 1957 and repealed July 1,
1985.
(b) Failure to comply with any order of the court shall be
punishable as contempt as in other cases of failure to comply
under the Illinois Marriage and Dissolution of Marriage Act. In
addition to other penalties provided by law, the court may,
after finding the party guilty of contempt, order that the
party be:
(1) Placed on probation with such conditions of
probation as the court deems advisable.
(2) Sentenced to periodic imprisonment for a period not
to exceed 6 months. However, the court may permit the party
to be released for periods of time during the day or night
to work or conduct business or other self-employed
occupation. The court may further order any part of all the
earnings of a party during a sentence of periodic
imprisonment to be paid to the clerk of the circuit court
or to the person or parent having custody of the minor
child for the support of said child until further order of
the court.
(3) The court may also pierce the ownership veil of a
person, persons, or business entity to discover assets of a

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non-custodial parent held in the name of that person, those
persons, or that business entity if there is a unity of
interest and ownership sufficient to render no financial
separation between the non-custodial parent and that
person, those persons, or the business entity. The
following circumstances are sufficient for a court to order
discovery of the assets of a person, persons, or business
entity and to compel the application of any discovered
assets toward payment on the judgment for support:
(A) the non-custodial parent and the person,
persons, or business entity maintain records together.
(B) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms
length relationship between themselves with regard to
any assets.
(C) the non-custodial parent transfers assets to
the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent. With
respect to assets which are real property, no order
entered under this subdivision (3) shall affect the
rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their
interests in the property prior to the time a notice of
lis pendens pursuant to the Code of Civil Procedure or
a copy of the order is placed of record in the office
of the recorder of deeds for the county in which the

HB6191 - 68 - LRB097 13524 JLS 69734 b
real property is located.
(4) The court may also order that, in cases where the
party is 90 days or more delinquent in payment of support
or has been adjudicated in arrears in an amount equal to 90
days obligation or more, the party's Illinois driving
privileges be suspended until the court determines that the
party is in compliance with the judgment or duty of
support. The court may also order that the parent be issued
a family financial responsibility driving permit that
would allow limited driving privileges for employment and
medical purposes in accordance with Section 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit court shall
certify the order suspending the driving privileges of the
parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall
suspend the party's driving privileges until further order
of the court and shall, if ordered by the court, subject to
the provisions of Section 7-702.1 of the Illinois Vehicle
Code, issue a family financial responsibility driving
permit to the parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person

HB6191 - 69 - LRB097 13524 JLS 69734 b
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include, but need not be limited to,
a requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 806 of this Act.
(c) In any post-judgment proceeding to enforce or modify
the judgment the parties shall continue to be designated as in
the original proceeding.
Section 806. Unemployment of person owing duty of support.
(a) Whenever it is determined in a proceeding to establish
or enforce a child support obligation that the person owing a
duty of support is unemployed, the court may order the person
to seek employment and report periodically to the court with a
diary, listing, or other memorandum of his or her efforts in
accordance with such order. Additionally, the court may order
the unemployed person to report to the Department of Employment
Security for job search services and to participate in job
training or work programs. When the duty of support is owed to
a child receiving child support enforcement services under
Article X of the Illinois Public Aid Code, the court may order
the unemployed person to report to the Illinois Department of
Healthcare and Family Services for participation in job search,

HB6191 - 70 - LRB097 13524 JLS 69734 b
training, or work programs established under Section 9-6 and
Article IXA of that Code.
(b) Whenever it is determined that a person owes past-due
support for a child, and the child is receiving assistance
under the Illinois Public Aid Code, the court shall order the
following at the request of the Illinois Department of
Healthcare and Family Services:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is unemployed,
is subject to such a plan, and is not incapacitated, that
the person participate in such job search, training, or
work programs established under Section 9-6 and Article IXA
of the Illinois Public Aid Code as the court deems
appropriate.
Section 807. Order of protection; status. Whenever relief
is sought under this Act, the court, before granting relief,
shall determine whether any order of protection has previously
been entered in the instant proceeding or any other proceeding
in which any party, or a child of any party, or both, if
relevant, has been designated as either a respondent or a
protected person.
Section 808. Modification of judgment. The court has
continuing jurisdiction to modify an order for support,

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custody, parenting time, or removal included in a judgment
entered under this Act. Any custody, parenting time, or removal
judgment modification shall be in accordance with the relevant
factors specified in the Illinois Marriage and Dissolution of
Marriage Act. Any support judgment is subject to modification
or termination only in accordance with Section 510 of the
Illinois Marriage and Dissolution of Marriage Act.
Section 809. Right to counsel.
(a) Any party may be represented by counsel at all
proceedings under this Act. Except as otherwise provided in
this Act, the court may order reasonable fees of counsel,
experts, and other costs of the action, pre-trial proceedings,
post-judgment proceedings to enforce or modify the judgment,
and the appeal or the defense of an appeal of the judgment to
be paid by the parties in accordance with the relevant factors
specified in Section 508 of the Illinois Marriage and
Dissolution of Marriage Act. The court may not order payment by
the Department of Healthcare and Family Services in cases in
which the Department is providing child support enforcement
services under Article X of the Illinois Public Aid Code.
(b) In any proceedings involving the support, custody,
parenting time, education, parentage, property interest, or
general welfare of a minor or dependent child, the court may,
on its own motion or that of any party, appoint an attorney to
serve in one of the capacities specified in Section 506 of the

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Illinois Marriage and Dissolution of Marriage Act.
Section 810. Withholding of income to secure payment of
support. Orders for support entered under this Act are subject
to the Income Withholding for Support Act.
Section 811. Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for
support" have the meanings attributed to those terms in the
Income Withholding for Support Act.
"Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds that
an obligor either owes an arrearage of more than $10,000 or is
delinquent in payment of an amount equal to at least 3 months'
support obligation pursuant to an order for support, the court
shall direct the clerk of the circuit court to make information
concerning the obligor available to consumer reporting
agencies.
(c) Whenever a court of competent jurisdiction finds that
an obligor either owes an arrearage of more than $10,000 or is
delinquent in payment of an amount equal to at least 3 months'
support obligation pursuant to an order for support, the court
shall direct the clerk of the circuit court to cause the

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obligor's name and address to be published in a newspaper of
general circulation in the area in which the obligor resides.
The clerk of the circuit court shall cause the obligor's name
and address to be published only after sending to the obligor
at the obligor's last known address, by certified mail, return
receipt requested, a notice of intent to publish the
information. This subsection (c) applies only if the obligor
resides in the county in which the clerk of the circuit court
holds office.
Section 812. Interest on support obligations. A support
obligation, or any portion of a support obligation, which
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. An order for support shall contain a statement that
a support obligation required under the order, or any portion
of a support obligation required under the order, that becomes
due and remains unpaid as of the end of each month, excluding
the child support that was due for that month to the extent
that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.

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Section 813. Support payments; receiving and disbursing
agents.
(a) In an action filed in a county of less than 3,000,000
population in which an order for child support is entered, and
in supplementary proceedings in such a county to enforce or
vary the terms of such order arising out of an action filed in
such a county, the court, except in actions or supplementary
proceedings in which the pregnancy and delivery expenses of the
mother or the child support payments are for a recipient of aid
under the Illinois Public Aid Code, shall direct that child
support payments be made to the clerk of the circuit court
unless in the discretion of the court exceptional circumstances
warrant otherwise. In cases where payment is to be made to
persons other than the clerk of the circuit court, the judgment
or order of support shall set forth the facts of the
exceptional circumstances.
(b) In an action filed in a county of 3,000,000 or more
population in which an order for child support is entered, and
in supplementary proceedings in such a county to enforce or
vary the terms of such order arising out of an action filed in
such a county, the court, except in actions or supplementary
proceedings in which the pregnancy and delivery expenses of the
mother or the child support payments are for a recipient of aid
under the Illinois Public Aid Code, shall direct that child
support payments be made either to the clerk of the circuit

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court or to the Court Service Division of the County Department
of Public Aid or its successor, or to the clerk of the circuit
court or to the Illinois Department of Healthcare and Family
Services, unless in the discretion of the court exceptional
circumstances warrant otherwise. In cases where payment is to
be made to persons other than the clerk of the circuit court,
the Court Service Division of the County Department of Public
Aid or its successor, or the Illinois Department of Healthcare
and Family Services, the judgment or order of support shall set
forth the facts of the exceptional circumstances.
(c) Where the action or supplementary proceeding is in
behalf of a mother for pregnancy and delivery expenses or for
child support, or both, and the mother, child, or both, are
recipients of aid under the Illinois Public Aid Code, the court
shall order that the payments be made directly to (1) the
Illinois Department of Healthcare and Family Services if the
mother or child, or both, are recipients under Article IV or V
of the Code or (2) the local governmental unit responsible for
the support of the mother or child, or both, if they are
recipients under Article VI or VII of the Code. In accordance
with federal law and regulations, the Illinois Department of
Healthcare and Family Services may continue to collect current
maintenance payments or child support payments, or both, after
those persons cease to receive public assistance and until
termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department of Healthcare and Family

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Services shall pay the net amount collected to those persons
after deducting any costs incurred in making the collection or
any collection fee from the amount of any recovery made. The
Illinois Department of Healthcare and Family Services or the
local governmental unit, as the case may be, may direct that
payments be made directly to the mother of the child, or to
some other person or agency in the child's behalf, upon the
removal of the mother and child from the public aid rolls or
upon termination of services under Article X of the Illinois
Public Aid Code; and upon such direction, the Illinois
Department or the local governmental unit, as the case
requires, shall give notice of such action to the court in
writing or by electronic transmission.
(d) All clerks of the circuit court and the Court Service
Division of the Department of Human Services local office or
offices or its successor and the Illinois Department of
Healthcare and Family Services, receiving child support
payments under subsection (a) or (b) shall disburse the same to
the person or persons entitled thereto under the terms of the
order. They shall establish and maintain clear and current
records of all moneys received and disbursed and of defaults
and delinquencies in required payments. The court, by order or
rule, shall make provision for the carrying out of these
duties. Payments under this Section to the Illinois Department
of Healthcare and Family Services pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social

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Security Act shall be paid into the Child Support Enforcement
Trust Fund. All payments under this Section to the Illinois
Department of Human Services shall be deposited in the DHS
Recoveries Trust Fund. Disbursement from these funds shall be
as provided in the Illinois Public Aid Code. Payments received
by a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(e) The moneys received by persons or agencies designated
by the court shall be disbursed by them in accordance with the
order. However, the court, on petition of the State's Attorney,
may enter new orders designating the clerk of the circuit court
or the Illinois Department of Healthcare and Family Services as
the person or agency authorized to receive and disburse child
support payments and, in the case of recipients of public aid,
the court, on petition of the Attorney General or State's
Attorney, shall direct subsequent payments to be paid to the
Illinois Department of Healthcare and Family Services or to the
appropriate local governmental unit, as provided in subsection
(c). Payments of child support by principals or sureties on
bonds or proceeds of any sale for the enforcement of a judgment
shall be made to the clerk of the circuit court, the Illinois
Department of Healthcare and Family Services, or the
appropriate local governmental unit, as the respective
provisions of this Section require.
(f) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the Illinois

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Department of Healthcare and Family Services by order of court
or upon notification by the Illinois Department of Healthcare
and Family Services, the clerk of the circuit court shall
transmit all such payments, within 4 working days of receipt,
to insure that funds are available for immediate distribution
by the Department to the person or entity entitled thereto in
accordance with standards of the Child Support Enforcement
Program established under Title IV-D of the Social Security
Act. The clerk of the circuit court shall notify the Department
of the date of receipt and amount thereof at the time of
transmittal. Where the clerk of the circuit court has entered
into an agreement of cooperation with the Department to record
the terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk of the circuit court shall account for,
transmit and otherwise distribute child support payments in
accordance with such agreement in lieu of the requirements
contained herein.
(g) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 815 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
Section 814. Notice of child support enforcement services.
The Illinois Department of Healthcare and Family Services may

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provide notice at any time to the parties to an action filed
under this Act that child support enforcement services are
being provided by the Illinois Department under Article X of
the Illinois Public Aid Code. After notice is provided pursuant
to this Section, the Illinois Department shall be entitled, as
if it were a party, to notice of any further proceedings
brought in the case. The Illinois Department shall provide the
clerk of the circuit court with copies of the notices sent to
the parties. The clerk of the circuit court shall file the
copies in the court file.
Section 815. Payment of support to State Disbursement Unit.
(a) As used in this Section, "order for support",
"obligor", "obligee", and "payor" mean those terms as defined
in the Income Withholding for Support Act, except that "order
for support" does not mean orders providing for spousal
maintenance under which there is no child support obligation.
(b) Notwithstanding any other provision of this Act to the
contrary, each order for support entered or modified on or
after October 1, 1999 shall require that support payments be
made to the State Disbursement Unit established under Section
10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child support
enforcement services under Article X of the Illinois Public
Aid Code; or
(2) no party to the order is receiving child support

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enforcement services, but the support payments are made
through income withholding.
(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before October 1,
1999, and a party to the order is receiving child support
enforcement services under Article X of the Illinois Public
Aid Code; or
(2) no party to the order is receiving child support
enforcement services, and the support payments are being
made through income withholding.
(d) If no party to the order is receiving child support
enforcement services under Article X of the Illinois Public Aid
Code and the support payments are not made through income
withholding, then support payments shall be made as directed by
the order for support.
(e) At any time, and notwithstanding the existence of an
order directing payments to be made elsewhere, the Illinois
Department of Healthcare and Family Services may provide notice
to the obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State Disbursement
Unit if:
(A) a party to the order for support is receiving
child support enforcement services under Article X of
the Illinois Public Aid Code; or
(B) no party to the order for support is receiving

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child support enforcement services under Article X of
the Illinois Public Aid Code, but the support payments
are made through income withholding; or
(2) to make support payments to the State Disbursement
Unit of another state upon request of another state's Title
IV-D child support enforcement agency, in accordance with
the requirements of Title IV, Part D of the Social Security
Act and regulations promulgated under that Part D.
The Illinois Department of Healthcare and Family Services
shall provide a copy of the notice to the obligee and to the
clerk of the circuit court.
(f) The clerk of the circuit court shall provide written
notice to the obligor to make payments directly to the clerk of
the circuit court if no party to the order is receiving child
support enforcement services under Article X of the Illinois
Public Aid Code, the support payments are not made through
income withholding, and the order for support requires support
payments to be made directly to the clerk of the circuit court.
The clerk of the circuit court shall provide a copy of the
notice to the obligee.
(g) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under this
Section, the Unit shall immediately return the payment to the
sender, including, if possible, instructions detailing where
to send the support payments.
(h) The notices under subsections (e) and (f) may be sent

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by ordinary mail, certified mail, return receipt requested,
facsimile transmission, or other electronic process, or may be
served upon the obligor or payor using any method provided by
law for service of a summons.
Section 816. Collection fee. In all cases instituted by the
Illinois Department of Healthcare and Family Services on behalf
of a child or spouse, other than one receiving a grant of
financial aid under Article IV of the Illinois Public Aid Code,
on whose behalf an application has been made and approved for
child support enforcement services as provided by Section 10-1
of that Code, the court shall impose a collection fee on the
individual who owes a child or spouse support obligation in an
amount equal to 10% of the amount so owed as long as such
collection is required by federal law, which fee shall be in
addition to the support obligation. The imposition of such fee
shall be in accordance with the provisions of Title IV, Part D,
of the Social Security Act and the regulations duly promulgated
thereunder. The fee shall be payable to the clerk of the
circuit court for transmittal to the Illinois Department of
Healthcare and Family Services and shall continue until support
services are terminated by that Department.
Section 817. Notice to the clerk of circuit court of
payment received by Illinois Department of Healthcare and
Family Services for recording. For those cases in which support

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is payable to the clerk of the circuit court for transmittal to
the Illinois Department of Healthcare and Family Services by
order of court, and the Illinois Department of Healthcare and
Family Services collects support by assignment, offset,
withhold, deduction, or other process permitted by law, the
Illinois Department of Healthcare and Family Services shall
notify the clerk of the circuit court of the date and amount of
such collection. Upon notification, the clerk of the circuit
court shall record the collection on the payment record for the
case.
Section 818. Administrative determinations of paternity.
Notwithstanding any other provision of this Act, the Illinois
Department of Healthcare and Family Services may make
administrative determinations of paternity and nonpaternity in
accordance with Article X 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.
ARTICLE 9. MISCELLANEOUS PROVISIONS
Section 901. Burden of proof. Absent a burden of proof
specifically set forth in this Act, the burden of proof shall
be by a preponderance of the evidence.
Section 902. Severability clause. If any provision of this

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Act or its application to an individual or circumstance is held
invalid, the invalidity does not affect other provisions or
applications of this Act which can be given effect without the
invalid provision or application, and to this end the
provisions of this Act are severable.
(750 ILCS 40/Act rep.)
(750 ILCS 45/Act rep.)
Section 903. Repeal. The following Acts are repealed:
(1) The Illinois Parentage Act.
(2) The Illinois Parentage Act of 1984.
Section 904. Transitional provision. A proceeding to
adjudicate parentage which was commenced before the effective
date of this Act is governed by the law in effect at the time
the proceeding was commenced.
Section 905. Savings provision. The repeal of the Illinois
Parentage Act of 1984 and the Illinois Parentage Act shall not
affect rights or liabilities which have accrued thereunder and
which have been determined, settled, or adjudicated prior to
the effective date of this Act or which are the subject of
proceedings pending thereunder on such effective date.
Provided further, this Act shall not be construed to bar an
action which would have been barred because the action had not
been filed within the then applicable time limitation, or which

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could not have been maintained under the Illinois Parentage Act
of 1984 and the Illinois Parentage Act as long as the
limitations periods set forth in this Act are complied with.
Section 906. Other states' establishments of parentage.
Establishments of parentage made under the laws of other states
shall be given full faith and credit in this State regardless
of whether parentage was established through voluntary
acknowledgment, tests to determine inherited characteristics,
or judicial or administrative processes.
Section 951. The Department of Employment Security Law of
the Civil Administrative Code of Illinois is amended by
changing Section 1005-130 as follows:
(20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
Sec. 1005-130. Exchange of information for child support
enforcement.
(a) The Department has the power to exchange with the
Department of Healthcare and Family Services information that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois

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Parentage Act of 1984, or the Illinois Parentage Act of 2012.
(b) Notwithstanding any provisions in the Civil
Administrative Code of Illinois to the contrary, the Department
of Employment Security shall not be liable to any person for
any disclosure of information to the Department of Healthcare
and Family Services (formerly Illinois Department of Public
Aid) under subsection (a) or for any other action taken in good
faith to comply with the requirements of subsection (a).
(Source: P.A. 95-331, eff. 8-21-07.)
Section 952. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or

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occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
or national origin shall be considered reputable and in
good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action

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as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any license
or renewal authorized by the Civil Administrative Code of
Illinois to any person who has defaulted on an educational
loan or scholarship provided by or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State; however, the Department may issue a
license or renewal if the aforementioned persons have
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license to,
or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or
warrant relating to a paternity or child support
proceeding. However, the Department may issue a license or

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renewal upon compliance with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when

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the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage
Act of 1984 , or the Illinois Parentage Act of 2012.
Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall
not be liable under any federal or State law to any person
for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with

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a child support order or violation of the Non-Support
Punishment Act, no person or entity whose license, certificate,
or authority has been revoked as authorized in any licensing
Act administered by the Department may apply for restoration of
that license, certification, or authority until 3 years after
the effective date of the revocation.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.

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Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained

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in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
(f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,

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signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facia evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department shall promulgate rules for the
administration of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of

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the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
profession.
(i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
96-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
Section 953. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing Section
2505-65 as follows:
(20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)

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Sec. 2505-65. Exchange of information.
(a) The Department has the power to exchange with any
state, with any local subdivisions of any state, or with the
federal government, except when specifically prohibited by
law, any information that may be necessary to efficient tax
administration and that may be acquired as a result of the
administration of the laws set forth in the Sections following
Section 95-10 and preceding Section 2505-60.
(b) The Department has the power to exchange with the
Department of Healthcare and Family Services information that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984, or the Illinois Parentage Act of 2012.
Notwithstanding any provisions in this Code to the contrary,
the Department of Revenue shall not be liable to any person for
any disclosure of information to the Department of Healthcare
and Family Services (formerly Illinois Department of Public
Aid) under this subsection (b) or for any other action taken in
good faith to comply with the requirements of this subsection
(b).
(Source: P.A. 95-331, eff. 8-21-07.)

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Section 954. The Counties Code is amended by changing
Section 3-5036.5 as follows:
(55 ILCS 5/3-5036.5)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The Recorder shall exchange with the Department of
Healthcare and Family Services information that may be
necessary for the enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois Marriage
and Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2012.
(b) Notwithstanding any provisions in this Code to the
contrary, the Recorder shall not be liable to any person for
any disclosure of information to the Department of Healthcare
and Family Services (formerly Illinois Department of Public
Aid) under subsection (a) or for any other action taken in good
faith to comply with the requirements of subsection (a).
(Source: P.A. 95-331, eff. 8-21-07.)
Section 955. The Collection Agency Act is amended by
changing Section 2.04 as follows:

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(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.04. Child support indebtedness.
(a) Persons, associations, partnerships, corporations, or
other legal entities engaged in the business of collecting
child support indebtedness owing under a court order as
provided under the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Illinois Parentage Act of 1984, the Illinois Parentage Act of
2012, or similar laws of other states are not restricted (i) in
the frequency of contact with an obligor who is in arrears,
whether by phone, mail, or other means, (ii) from contacting
the employer of an obligor who is in arrears, (iii) from
publishing or threatening to publish a list of obligors in
arrears, (iv) from disclosing or threatening to disclose an
arrearage that the obligor disputes, but for which a verified
notice of delinquency has been served under the Income
Withholding for Support Act (or any of its predecessors,
Section 10-16.2 of the Illinois Public Aid Code, Section 706.1
of the Illinois Marriage and Dissolution of Marriage Act,
Section 4.1 of the Non-Support of Spouse and Children Act,
Section 26.1 of the Revised Uniform Reciprocal Enforcement of
Support Act, or Section 20 of the Illinois Parentage Act of
1984), or (v) from engaging in conduct that would not cause a
reasonable person mental or physical illness. For purposes of

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this subsection, "obligor" means an individual who owes a duty
to make periodic payments, under a court order, for the support
of a child. "Arrearage" means the total amount of an obligor's
unpaid child support obligations.
(a-5) A collection agency may not impose a fee or charge,
including costs, for any child support payments collected
through the efforts of a federal, State, or local government
agency, including but not limited to child support collected
from federal or State tax refunds, unemployment benefits, or
Social Security benefits.
No collection agency that collects child support payments
shall (i) impose a charge or fee, including costs, for
collection of a current child support payment, (ii) fail to
apply collections to current support as specified in the order
for support before applying collection to arrears or other
amounts, or (iii) designate a current child support payment as
arrears or other amount owed. In all circumstances, the
collection agency shall turn over to the obligee all support
collected in a month up to the amount of current support
required to be paid for that month.
As to any fees or charges, including costs, retained by the
collection agency, that agency shall provide documentation to
the obligee demonstrating that the child support payments
resulted from the actions of the agency.
After collection of the total amount or arrearage,
including statutory interest, due as of the date of execution

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of the collection contract, no further fees may be charged.
(a-10) The Department of Professional Regulation shall
determine a fee rate of not less than 25% but not greater than
35%, based upon presentation by the licensees as to costs to
provide the service and a fair rate of return. This rate shall
be established by administrative rule.
Without prejudice to the determination by the Department of
the appropriate rate through administrative rule, a collection
agency shall impose a fee of not more than 29% of the amount of
child support actually collected by the collection agency
subject to the provisions of subsection (a-5). This interim
rate is based upon the March 2002 General Account Office report
"Child Support Enforcement", GAO-02-349. This rate shall apply
until a fee rate is established by administrative rule.
(b) The Department shall adopt rules necessary to
administer and enforce the provisions of this Section.
(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)
Section 956. The Illinois Public Aid Code is amended by
changing Sections 10-3.1, 10-16.7, 10-17, 10-17.7, 10-19,
10-25, 10-25.5, 10-27, and 12-4.7c as follows:
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
Department shall establish within its administrative staff a
Child and Spouse Support Unit to search for and locate absent

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parents and spouses liable for the support of persons resident
in this State and to exercise the support enforcement powers
and responsibilities assigned the Department by this Article.
The unit shall cooperate with all law enforcement officials in
this State and with the authorities of other States in locating
persons responsible for the support of persons resident in
other States and shall invite the cooperation of these
authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse
Support Unit by this Article, the Unit may refer to the
Attorney General or units of local government with the approval
of the Attorney General, any actions under Sections 10-10 and
10-15 for judicial enforcement of the support liability. The
Child and Spouse Support Unit shall act for the Department in
referring to the Attorney General support matters requiring
judicial enforcement under other laws. If requested by the
Attorney General to so act, as provided in Section 12-16,
attorneys of the Unit may assist the Attorney General or
themselves institute actions on in behalf of the Illinois
Department under the Revised Uniform Reciprocal Enforcement of
Support Act; under the Illinois Parentage Act of 1984 or under
the Illinois Parentage Act of 2012; under the Non-Support of
Spouse and Children Act; under the Non-Support Punishment Act;
or under any other law, State or Federal, providing for support
of a spouse or dependent child.
The Illinois Department shall also have the authority to

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enter into agreements with local governmental units or
individuals, with the approval of the Attorney General, for the
collection of moneys owing because of the failure of a parent
to make child support payments for any child receiving services
under this Article. Such agreements may be on a contingent fee
basis, but such contingent fee shall not exceed 25% of the
total amount collected.
An attorney who provides representation pursuant to this
Section shall represent the Illinois Department exclusively.
Regardless of the designation of the plaintiff in an action
brought pursuant to this Section, an attorney-client
relationship does not exist for purposes of that action between
that attorney and (i) an applicant for or recipient of child
support enforcement services or (ii) any other party to the
action other than the Illinois Department. Nothing in this
Section shall be construed to modify any power or duty
(including a duty to maintain confidentiality) of the Child and
Spouse Support Unit or the Illinois Department otherwise
provided by law.
The Illinois Department may also enter into agreements with
local governmental units for the Child and Spouse Support Unit
to exercise the investigative and enforcement powers
designated in this Article, including the issuance of
administrative orders under Section 10-11, in locating
responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for

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defrayment of administrative costs and support payments
obtained shall be deposited into the DHS Recoveries Trust Fund.
Support payments shall be paid over to the General Assistance
Fund of the local governmental unit at such time or times as
the agreement may specify.
With respect to those cases in which it has support
enforcement powers and responsibilities under this Article,
the Illinois Department may provide by rule for periodic or
other review of each administrative and court order for support
to determine whether a modification of the order should be
sought. The Illinois Department shall provide for and conduct
such review in accordance with any applicable federal law and
regulation.
As part of its process for review of orders for support,
the Illinois Department, through written notice, may require
the responsible relative to disclose his or her Social Security
Number and past and present information concerning the
relative's address, employment, gross wages, deductions from
gross wages, net wages, bonuses, commissions, number of
dependent exemptions claimed, individual and dependent health
insurance coverage, and any other information necessary to
determine the relative's ability to provide support in a case
receiving child support enforcement services under this
Article X.
The Illinois Department may send a written request for the
same information to the relative's employer. The employer shall

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respond to the request for information within 15 days after the
date the employer receives the request. If the employer
willfully fails to fully respond within the 15-day period, the
employer shall pay a penalty of $100 for each day that the
response is not provided to the Illinois Department after the
15-day period has expired. The penalty may be collected in a
civil action which may be brought against the employer in favor
of the Illinois Department.
A written request for information sent to an employer
pursuant to this Section shall consist of (i) a citation of
this Section as the statutory authority for the request and for
the employer's obligation to provide the requested
information, (ii) a returnable form setting forth the
employer's name and address and listing the name of the
employee with respect to whom information is requested, and
(iii) a citation of this Section as the statutory authority
authorizing the employer to withhold a fee of up to $20 from
the wages or income to be paid to each responsible relative for
providing the information to the Illinois Department within the
15-day period. If the employer is withholding support payments
from the responsible relative's income pursuant to an order for
withholding, the employer may withhold the fee provided for in
this Section only after withholding support as required under
the order. Any amounts withheld from the responsible relative's
income for payment of support and the fee provided for in this
Section shall not be in excess of the amounts permitted under

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the federal Consumer Credit Protection Act.
In a case receiving child support enforcement services, the
Illinois Department may request and obtain information from a
particular employer under this Section no more than once in any
12-month period, unless the information is necessary to conduct
a review of a court or administrative order for support at the
request of the person receiving child support enforcement
services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and
Spouse Support Unit information supplied by persons applying
for or receiving child support enforcement services under
Section 10-1. In addition, the Illinois Department shall
address and respond to any alleged deficiencies that persons
receiving or applying for services from the Child and Spouse
Support Unit may identify concerning the Child and Spouse
Support Unit's provision of child support enforcement
services. Within 60 days after an action or failure to act by
the Child and Spouse Support Unit that affects his or her case,
a recipient of or applicant for child support enforcement
services under Article X of this Code may request an
explanation of the Unit's handling of the case. At the
requestor's option, the explanation may be provided either
orally in an interview, in writing, or both. If the Illinois
Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant

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or recipient within 30 days from the date of the request for an
explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of
the Administrator of the Child and Spouse Support Unit. A
request for a conference may be submitted at any time within 60
days after the explanation has been provided by the Child and
Spouse Support Unit or within 60 days after the time for
providing the explanation has expired.
The applicant or recipient may request a conference
concerning any decision denying or terminating child support
enforcement services under Article X of this Code, and the
applicant or recipient may also request a conference concerning
the Unit's failure to provide services or the provision of
services in an amount or manner that is considered inadequate.
For purposes of this Section, the Child and Spouse Support Unit
includes all local governmental units or individuals with whom
the Illinois Department has contracted under Section 10-3.1.
Upon receipt of a timely request for a conference, the
Office of the Administrator shall review the case. The
applicant or recipient requesting the conference shall be
entitled, at his or her option, to appear in person or to
participate in the conference by telephone. The applicant or
recipient requesting the conference shall be entitled to be
represented and to be afforded a reasonable opportunity to
review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient

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requesting the conference shall be afforded an opportunity to
present all relevant matters in support of his or her claim.
Conferences shall be without cost to the applicant or recipient
requesting the conference and shall be conducted by a
representative of the Child or Spouse Support Unit who did not
participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a conference
and inform all interested parties, in writing, of the results
of the conference within 60 days from the date of filing of the
request for a conference.
In addition to its other powers and responsibilities
established by this Article, the Child and Spouse Support Unit
shall conduct an annual assessment of each institution's
program for institution based paternity establishment under
Section 12 of the Vital Records Act.
(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 92-16,
eff. 6-28-01; 92-590, eff. 7-1-02.)
(305 ILCS 5/10-16.7)
Sec. 10-16.7. Child support enforcement debit
authorization.
(a) For purposes of this Section:
"Financial institution" and "account" are defined as set
forth in Section 10-24.
"Payor" is defined as set forth in Section 15 of the Income
Withholding for Support Act.

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"Order for support" means any order for periodic payment of
funds to the State Disbursement Unit for the support of a child
or, where applicable, for support of a child and a parent with
whom the child resides, that is entered or modified under this
Code or under the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, or the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2012, or that is entered
or registered for modification or enforcement under the Uniform
Interstate Family Support Act.
"Obligor" means an individual who owes a duty to make
payments under an order for support in a case in which child
support enforcement services are being provided under this
Article X.
(b) The Department of Public Aid (now Healthcare and Family
Services) shall adopt a child support enforcement debit
authorization form that, upon being signed by an obligor,
authorizes a financial institution holding an account on the
obligor's behalf to debit the obligor's account periodically in
an amount equal to the amount of child support that the obligor
is required to pay periodically and transfer that amount to the
State Disbursement Unit. The form shall include instructions to
the financial institution concerning the debiting of accounts
held on behalf of obligors and the transfer of the debited
amounts to the State Disbursement Unit. In adopting the form,
the Department may consult with the Office of Banks and Real

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Estate and the Department of Financial Institutions. The
Department must adopt the form within 6 months after the
effective date of this amendatory Act of the 93rd General
Assembly. Promptly after adopting the form, the Department must
notify each financial institution conducting business in this
State that the form has been adopted and is ready for use.
(c) An obligor who does not have a payor may sign a child
support debit authorization form adopted by the Department
under this Section. The obligor may sign a form in relation to
any or all of the financial institutions holding an account on
the obligor's behalf. Promptly after an obligor signs a child
support debit authorization form, the Department shall send the
original signed form to the appropriate financial institution.
Subject to subsection (e), upon receiving the form, the
financial institution shall debit the account and transfer the
debited amounts to the State Disbursement Unit according to the
instructions in the form. A financial institution that complies
with a child support debit authorization form signed by an
obligor and issued under this Section shall not be subject to
civil liability with respect to any individual or any agency.
(d) The signing and issuance of a child support debit
authorization form under this Section does not relieve the
obligor from responsibility for compliance with any
requirement under the order for support.
(e) A financial institution is obligated to debit the
account of an obligor pursuant to this Section only if or to

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the extent:
(1) the financial institution reasonably believes the
debit authorization form is a true and authentic original
document;
(2) there are finally collected funds in the account;
and
(3) the account is not subject to offsetting claims of
the financial institution, whether due at the time of
receipt of the debit authorization form or thereafter to
become due and whether liquidated or unliquidated.
To the extent the account of the obligor is pledged or held
by the financial institution as security for a loan or other
obligation, or that the financial institution has any other
claim or lien against the account, the financial institution is
entitled to retain the account.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other Actions and Remedies for Support. The
procedures, actions and remedies provided in this Article shall
in no way be exclusive, but shall be available in addition to
other actions and remedies of support, including, but not by
way of limitation, the remedies provided in (a) the Illinois
Parentage Act of 2012 "Paternity Act", approved July 5, 1957,
as amended; (b) the "Non-Support of Spouse and Children Act",
approved June 24, 1915, as amended; (b-5) the Non-Support

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Punishment Act; and (c) the "Revised Uniform Reciprocal
Enforcement of Support Act", approved August 28, 1969, as
amended.
(Source: P.A. 91-613, eff. 10-1-99.)
(305 ILCS 5/10-17.7)
Sec. 10-17.7. Administrative determination of paternity.
The Illinois Department may provide by rule for the
administrative determination of paternity by the Child and
Spouse Support Unit in cases involving applicants for or
recipients of financial aid under Article IV of this Act and
other persons who are given access to the child support
enforcement services of this Article as provided in Section
10-1, including persons similarly situated and receiving
similar services in other states. The rules shall extend to
cases in which the mother and alleged father voluntarily
acknowledge paternity in the form required by the Illinois
Department or agree to be bound by the results of genetic
testing or in which the alleged father has failed to respond to
a notification of support obligation issued under Section 10-4
and to cases of contested paternity. The Illinois Department's
form for voluntary acknowledgement of paternity shall be the
same form prepared by the Illinois Department for use under the
requirements of Section 12 of the Vital Records Act. Any
presumption provided for under the Illinois Parentage Act of
1984 or under the Illinois Parentage Act of 2012 on and after

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the effective date of that Act shall apply to cases in which
paternity is determined under the rules of the Illinois
Department. The rules shall provide for notice and an
opportunity to be heard by the responsible relative and the
person receiving child support enforcement services under this
Article if paternity is not voluntarily acknowledged, and any
final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with
the Administrative Review Law. Determinations of paternity
made by the Illinois Department under the rules authorized by
this Section shall have the full force and effect of a court
judgment of paternity entered under the Illinois Parentage Act
of 1984 or under the Illinois Parentage Act of 2012.
In determining paternity in contested cases, the Illinois
Department shall conduct the evidentiary hearing in accordance
with Article 4 of the Illinois Parentage Act of 2012 Section 11
of the Parentage Act of 1984, except that references in that
Article Section to "the court" shall be deemed to mean the
Illinois Department's hearing officer in cases in which
paternity is determined administratively by the Illinois
Department.
Notwithstanding any other provision of this Article, a
default determination of paternity may be made if service of
the notice under Section 10-4 was made by publication under the
rules for administrative paternity determination authorized by
this Section. The rules as they pertain to service by

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publication shall (i) be based on the provisions of Section
2-206 and 2-207 of the Code of Civil Procedure, (ii) provide
for service by publication in cases in which the whereabouts of
the alleged father are unknown after diligent location efforts
by the Child and Spouse Support Unit, and (iii) provide for
publication of a notice of default paternity determination in
the same manner that the notice under Section 10-4 was
published.
The Illinois Department may implement this Section through
the use of emergency rules in accordance with Section 5-45 of
the Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of rules to
implement this Section shall be considered an emergency and
necessary for the public interest, safety, and welfare.
(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. Support Payments Ordered Under Other Laws;
where deposited. The Illinois Department and local
governmental units are authorized to receive payments directed
by court order for the support of recipients, as provided in
the following Acts:
1. "Non-Support of Spouse and Children Act", approved June
24, 1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage Act", as

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now or hereafter amended,
3. The Illinois Parentage Act, as amended,
3.5. The Illinois Parentage Act of 2012,
4. "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of
1987, as amended,
6. The "Unified Code of Corrections", approved July 26,
1972, as amended,
7. Part 7 of Article XII of the Code of Civil Procedure, as
amended,
8. Part 8 of Article XII of the Code of Civil Procedure, as
amended, and
9. Other laws which may provide by judicial order for
direct payment of support moneys.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into the
Child Support Enforcement Trust Fund. All payments under this
Section to the Illinois Department of Human Services shall be
deposited in the DHS Recoveries Trust Fund. Disbursements from
these funds shall be as provided in Sections 12-9.1 and 12-10.2
of this Code. Payments received by a local governmental unit
shall be deposited in that unit's General Assistance Fund.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State

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Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-613,
eff. 10-1-99; 92-16, eff. 6-28-01.)
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real
property for past-due child support.
(a) Notwithstanding any other State or local law to the
contrary, the State shall have a lien on all legal and
equitable interests of responsible relatives in their real
property in the amount of past-due child support owing pursuant
to an order for child support entered under Sections 10-10 and
10-11 of this Code, or under the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2012.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to

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execute notices of administrative liens and levies, which shall
contain the name and address of the responsible relative, a
legal description of the real property to be levied, the fact
that a lien is being claimed for past-due child support, and
such other information as the Illinois Department may by rule
prescribe. The Illinois Department shall record the notice of
lien with the recorder or registrar of titles of the county or
counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be
enforceable upon the recording or filing of a notice of lien
with the recorder or registrar of titles of the county or
counties in which the real estate is located. The lien shall be
prior to any lien thereafter recorded or filed and shall be
notice to a subsequent purchaser, assignor, or encumbrancer of
the existence and nature of the lien. The lien shall be
inferior to the lien of general taxes, special assessment, and
special taxes heretofore or hereafter levied by any political
subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the
notice of lien is registered under the Registered Titles
(Torrens) Act, the notice shall be filed in the office of the
registrar of titles as a memorial or charge upon each folium of
the register of titles affected by the notice; but the State
shall not have a preference over the rights of any bona fide
purchaser, mortgagee, judgment creditor, or other lien holders
registered prior to the registration of the notice.

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(e) The recorder or registrar of titles of each county
shall procure a file labeled "Child Support Lien Notices" and
an index book labeled "Child Support Lien Notices". When notice
of any lien is presented to the recorder or registrar of titles
for filing, the recorder or registrar of titles shall file it
in numerical order in the file and shall enter it
alphabetically in the index. The entry shall show the name and
last known address of the person named in the notice, the
serial number of the notice, the date and hour of filing, and
the amount of child support due at the time when the lien is
filed.
(f) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees of
any court or officer thereof in any legal proceeding involving
the lien.
(g) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of
necessary or essential repairs, purchase tax certificates, pay
balances due on land contracts, or pay or cause to be satisfied
any prior liens on the property to which the lien hereunder
applies.
(h) A lien on real property under this Section shall be
released pursuant to Section 12-101 of the Code of Civil
Procedure.
(i) The Illinois Department, acting in behalf of the State,

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may foreclose the lien in a judicial proceeding to the same
extent and in the same manner as in the enforcement of other
liens. The process, practice, and procedure for the foreclosure
shall be the same as provided in the Code of Civil Procedure.
(Source: P.A. 97-186, eff. 7-22-11.)
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on personal
property for past-due child support.
(a) Notwithstanding any other State or local law to the
contrary, the State shall have a lien on all legal and
equitable interests of responsible relatives in their personal
property, including any account in a financial institution as
defined in Section 10-24, or in the case of an insurance
company or benefit association only in accounts as defined in
Section 10-24, in the amount of past-due child support owing
pursuant to an order for child support entered under Sections
10-10 and 10-11 of this Code, or under the Illinois Marriage
and Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2012.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only

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under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which shall
contain the name and address of the responsible relative, a
description of the property to be levied, the fact that a lien
is being claimed for past-due child support, and such other
information as the Illinois Department may by rule prescribe.
The Illinois Department may serve the notice of lien or levy
upon any financial institution where the accounts as defined in
Section 10-24 of the responsible relative may be held, for
encumbrance or surrender of the accounts as defined in Section
10-24 by the financial institution.
(d) The Illinois Department shall enforce its lien against
the responsible relative's personal property, other than
accounts as defined in Section 10-24 in financial institutions,
and levy upon such personal property in the manner provided for
enforcement of judgments contained in Article XII of the Code
of Civil Procedure.
(e) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees of
any court or officer thereof in any legal proceeding involving
the lien.
(f) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of

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necessary or essential repairs, purchase tax certificates, or
pay or cause to be satisfied any prior liens on the property to
which the lien hereunder applies.
(g) A lien on personal property under this Section shall be
released in the manner provided under Article XII of the Code
of Civil Procedure. Notwithstanding the foregoing, a lien under
this Section on accounts as defined in Section 10-24 shall
expire upon the passage of 120 days from the date of issuance
of the Notice of Lien or Levy by the Illinois Department.
However, the lien shall remain in effect during the pendency of
any appeal or protest.
(h) A lien created under this Section is subordinate to any
prior lien of the financial institution or any prior lien
holder or any prior right of set-off that the financial
institution may have against the assets, or in the case of an
insurance company or benefit association only in the accounts
as defined in Section 10-24.
(i) A financial institution has no obligation under this
Section to hold, encumber, or surrender the assets, or in the
case of an insurance company or benefit association only the
accounts as defined in Section 10-24, until the financial
institution has been properly served with a subpoena, summons,
warrant, court or administrative order, or administrative lien
and levy requiring that action.
(Source: P.A. 97-186, eff. 7-22-11.)

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(305 ILCS 5/10-27)
Sec. 10-27. State Case Registry.
(a) The Illinois Department shall establish an automated
State Case Registry to contain records concerning child support
orders for parties receiving child support enforcement
services under this Article X, and for all child support orders
entered or modified on or after October 1, 1998. The State Case
Registry shall include (i) the information filed with the
Illinois Department, or filed with the clerk of the circuit
court and provided to the Illinois Department, under the
provisions of Sections 10-10.5 and 10-11.2 of this Code,
Section 505.3 of the Illinois Marriage and Dissolution of
Marriage Act, Section 30 of the Non-Support Punishment Act, and
Section 803 of the Illinois Parentage Act of 2012, and Section
14.1 of the Illinois Parentage Act of 1984, and (ii) any other
information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human
Services.
(b) (Blank).
(c) The Illinois Department shall maintain the following
payment information on child support orders for parties
receiving child support enforcement services under this
Article X:
(1) the amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest or late payment penalties, and fees,

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due or overdue under the order;
(2) any amounts described in subdivision (1) of
subsection (d) that have been collected;
(3) the distribution of the collected amounts; and
(4) the amount of any lien imposed with respect to the
order pursuant to Section 10-25 or Section 10-25.5 of this
Code.
(d) The Illinois Department shall establish, update,
maintain, and monitor case records in the Registry of parties
receiving child support enforcement services under this
Article X, on the bases of:
(1) information on administrative actions and
administrative and judicial proceedings and orders
relating to paternity and support;
(2) information obtained from comparison with federal,
State, and local sources of information;
(3) information on support collections and
distribution; and
(4) any other relevant information.
(e) The Illinois Department shall use the automated State
Case Registry to share and compare information with, and
receive information from, other data bases and information
comparison services in order to obtain (or provide) information
necessary to enable the Illinois Department (or the federal
Department of Health and Human Services or other State or
federal agencies) to carry out the requirements of the child

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support enforcement program established under Title IV, Part D
of the Social Security Act. Such information comparison
activities shall include the following:
(1) Furnishing to the Federal Case Registry of Child
Support Orders (and updating as necessary, with
information including notice of expiration of orders) the
information specified by the federal Department of Health
and Human Services in regulations.
(2) Exchanging information with the Federal Parent
Locator Service for the purposes specified in Section 453
of the Social Security Act.
(3) Exchanging information with State agencies (of
this State and of other states) administering programs
funded under Title IV, Part A and Title XIX of the Social
Security Act and other programs designated by the federal
Department of Health and Human Services, as necessary to
perform responsibilities under Title IV, Part D of the
Social Security Act and under such other programs.
(4) Exchanging information with other agencies of this
State, agencies of other states, and interstate
information networks, as necessary and appropriate to
carry out (or assist other states to carry out) the
purposes of Title IV, Part D of the Social Security Act.
(5) Disclosing information to any other entities as
required under Title IV, Part D of the Social Security Act.
(f) The Illinois Department shall adopt rules establishing

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safeguards, applicable to all confidential information
included in the State Case Registry, that are designed to
protect the privacy rights of persons concerning whom
information is on record in the State Case Registry. Such
safeguards shall include, but not be limited to the following:
(1) Prohibitions against the release of information on
the whereabouts of one party or the child to another party
against whom a protective order with respect to the former
party or the child has been entered.
(2) Prohibitions against the release of information on
the whereabouts of one party or the child to another party
if the Illinois Department has reasonable evidence of
domestic violence or child abuse (that is, allegations of
domestic violence or child abuse, unless the Illinois
Department has an independent, reasonable basis to find the
person making the allegation not credible) to the former
party or child by the party requesting information.
(3) Prohibitions against the release of information on
the whereabouts of one party or the child to another person
if the Illinois Department has reason to believe the
release of information to that person may result in
physical or emotional harm to the party or child.
(Source: P.A. 92-463, eff. 8-22-01.)
(305 ILCS 5/12-4.7c)
Sec. 12-4.7c. Exchange of information after July 1, 1997.

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(a) The Department of Human Services shall exchange with
the Department of Healthcare and Family Services information
that may be necessary for the enforcement of child support
orders entered pursuant to Sections 10-10 and 10-11 of this
Code or pursuant to the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984, or the
Illinois Parentage Act of 2012.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department of Human Services shall not be liable
to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) under subsection (a) or for
any other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 95-331, eff. 8-21-07.)
Section 957. The Genetic Information Privacy Act is amended
by changing Sections 22 and 30 as follows:
(410 ILCS 513/22)
Sec. 22. Tests to determine inherited characteristics in
paternity proceedings. Nothing in this Act shall be construed
to affect or restrict in any way the ordering of or use of

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results from deoxyribonucleic acid (DNA) testing or other tests
to determine inherited characteristics by the court in a
judicial proceeding under the Illinois Parentage Act of 1984 or
under the Illinois Parentage Act of 2012 on and after the
effective date of that Act or by the Department of Healthcare
and Family Services in an administrative paternity proceeding
under Article X of the Illinois Public Aid Code and rules
promulgated under that Article.
(Source: P.A. 95-331, eff. 8-21-07.)
(410 ILCS 513/30)
Sec. 30. Disclosure of person tested and test results.
(a) No person may disclose or be compelled to disclose the
identity of any person upon whom a genetic test is performed or
the results of a genetic test in a manner that permits
identification of the subject of the test, except to the
following persons:
(1) The subject of the test or the subject's legally
authorized representative. This paragraph does not create
a duty or obligation under which a health care provider
must notify the subject's spouse or legal guardian of the
test results, and no such duty or obligation shall be
implied. No civil liability or criminal sanction under this
Act shall be imposed for any disclosure or nondisclosure of
a test result to a spouse by a physician acting in good
faith under this paragraph. For the purpose of any

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proceedings, civil or criminal, the good faith of any
physician acting under this paragraph shall be presumed.
(2) Any person designated in a specific written legally
effective release of the test results executed by the
subject of the test or the subject's legally authorized
representative.
(3) An authorized agent or employee of a health
facility or health care provider if the health facility or
health care provider itself is authorized to obtain the
test results, the agent or employee provides patient care,
and the agent or employee has a need to know the
information in order to conduct the tests or provide care
or treatment.
(4) A health facility or health care provider that
procures, processes, distributes, or uses:
(A) a human body part from a deceased person with
respect to medical information regarding that person;
or
(B) semen provided prior to the effective date of
this Act for the purpose of artificial insemination.
(5) Health facility staff committees for the purposes
of conducting program monitoring, program evaluation, or
service reviews.
(6) In the case of a minor under 18 years of age, the
health care provider who ordered the test shall make a
reasonable effort to notify the minor's parent or legal

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guardian if, in the professional judgment of the health
care provider, notification would be in the best interest
of the minor and the health care provider has first sought
unsuccessfully to persuade the minor to notify the parent
or legal guardian or after a reasonable time after the
minor has agreed to notify the parent or legal guardian,
the health care provider has reason to believe that the
minor has not made the notification. This paragraph shall
not create a duty or obligation under which a health care
provider must notify the minor's parent or legal guardian
of the test results, nor shall a duty or obligation be
implied. No civil liability or criminal sanction under this
Act shall be imposed for any notification or
non-notification of a minor's test result by a health care
provider acting in good faith under this paragraph. For the
purpose of any proceeding, civil or criminal, the good
faith of any health care provider acting under this
paragraph shall be presumed.
(7) All information and records held by a State agency
or local health authority pertaining to genetic
information shall be strictly confidential and exempt from
copying and inspection under the Freedom of Information
Act. The information and records shall not be released or
made public by the State agency or local health authority
and shall not be admissible as evidence nor discoverable in
any action of any kind in any court or before any tribunal,

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board, agency, or person and shall be treated in the same
manner as the information and those records subject to the
provisions of Part 21 of Article VIII of the Code of Civil
Procedure except under the following circumstances:
(A) when made with the written consent of all
persons to whom the information pertains;
(B) when authorized by Section 5-4-3 of the Unified
Code of Corrections;
(C) when made for the sole purpose of implementing
the Newborn Metabolic Screening Act and rules; or
(D) when made under the authorization of the
Illinois Parentage Act of 2012 1984.
Disclosure shall be limited to those who have a need to
know the information, and no additional disclosures may be
made.
(b) Disclosure by an insurer in accordance with the
requirements of the Article XL of the Illinois Insurance Code
shall be deemed compliance with this Section.
(Source: P.A. 96-328, eff. 8-11-09.)
Section 958. The Vital Records Act is amended by changing
Sections 12 and 24 as follows:
(410 ILCS 535/12)
Sec. 12. Live births; place of registration.
(1) Each live birth which occurs in this State shall be

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

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(b) Any other person in attendance at or immediately
after the birth, or in the absence of such a person,
(c) The father, the mother, or in the absence of the
father and the inability of the mother, the person in
charge of the premises where the birth occurred.
(4) Unless otherwise provided in this Act, if the mother
was not married to the father of the child at either the time
of conception or the time of birth, the name of the father
shall be entered on the child's birth certificate only if the
mother and the person to be named as the father have signed an
acknowledgment of parentage in accordance with subsection (5).
Unless otherwise provided in this Act, if the mother was
married at the time of conception or birth and the presumed
father (that is, the mother's husband) is not the biological
father of the child, the name of the biological father shall be
entered on the child's birth certificate only if, in accordance
with subsection (5), (i) the mother and the person to be named
as the father have signed an acknowledgment of parentage and
(ii) the mother and presumed father have signed a denial of
paternity.
(5) Upon the birth of a child to an unmarried woman, or
upon the birth of a child to a woman who was married at the time
of conception or birth and whose husband is not the biological
father of the child, the institution at the time of birth and
the local registrar or county clerk after the birth shall do
the following:

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(a) Provide (i) an opportunity for the child's mother
and father to sign an acknowledgment of parentage and (ii)
if the presumed father is not the biological father, an
opportunity for the mother and presumed father to sign a
denial of paternity. The signing and witnessing of the
acknowledgment of parentage or, if the presumed father of
the child is not the biological father, the acknowledgment
of parentage and denial of paternity conclusively
establishes a parent and child relationship in accordance
with Sections 5 and 6 of the Illinois Parentage Act of 1984
and with the Illinois Parentage Act of 2012 on and after
the effective date of that Act.
The Department of Healthcare and Family Services shall
furnish the acknowledgment of parentage and denial of
paternity form to institutions, county clerks, and State
and local registrars' offices. The form shall include
instructions to send the original signed and witnessed
acknowledgment of parentage and denial of paternity to the
Department of Healthcare and Family Services. The
acknowledgement of paternity and denial of paternity form
shall also include a statement informing the mother, the
alleged father, and the presumed father, if any, that they
have the right to request deoxyribonucleic acid (DNA) tests
regarding the issue of the child's paternity and that by
signing the form, they expressly waive such tests. The
statement shall be set forth in bold-face capital letters

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not less than 0.25 inches in height.
(b) Provide the following documents, furnished by the
Department of Healthcare and Family Services, to the
child's mother, biological father, and (if the person
presumed to be the child's father is not the biological
father) presumed father for their review at the time the
opportunity is provided to establish a parent and child
relationship:
(i) An explanation of the implications of,
alternatives to, legal consequences of, and the rights
and responsibilities that arise from signing an
acknowledgment of parentage and, if necessary, a
denial of paternity, including an explanation of the
parental rights and responsibilities of child support,
visitation, custody, retroactive support, health
insurance coverage, and payment of birth expenses.
(ii) An explanation of the benefits of having a
child's parentage established and the availability of
parentage establishment and child support enforcement
services.
(iii) A request for an application for child
support enforcement services from the Department of
Healthcare and Family Services.
(iv) Instructions concerning the opportunity to
speak, either by telephone or in person, with staff of
the Department of Healthcare and Family Services who

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are trained to clarify information and answer
questions about paternity establishment.
(v) Instructions for completing and signing the
acknowledgment of parentage and denial of paternity.
(c) Provide an oral explanation of the documents and
instructions set forth in subdivision (5)(b), including an
explanation of the implications of, alternatives to, legal
consequences of, and the rights and responsibilities that
arise from signing an acknowledgment of parentage and, if
necessary, a denial of paternity. The oral explanation may
be given in person or through the use of video or audio
equipment.
(6) The institution, State or local registrar, or county
clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and
witnessing of the rescission of parentage voids the
acknowledgment of parentage and nullifies the presumption of
paternity if executed and filed with the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid) within the time frame contained in Section 5 of
the Illinois Parentage Act of 1984 or Section 307 of the
Illinois Parentage Act of 2012 on and after the effective date
of that Act. The Department of Healthcare and Family Services
shall furnish the rescission of parentage form to institutions,
county clerks, and State and local registrars' offices. The
form shall include instructions to send the original signed and

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witnessed rescission of parentage to the Department of
Healthcare and Family Services.
(7) An acknowledgment of paternity signed pursuant to
Section 6 of the Illinois Parentage Act of 1984 or Section 302
of the Illinois Parentage Act of 2012 on and after the
effective date of that Act may be challenged in court only on
the basis of fraud, duress, or material mistake of fact, with
the burden of proof upon the challenging party. Pending outcome
of a challenge to the acknowledgment of paternity, the legal
responsibilities of the signatories shall remain in full force
and effect, except upon order of the court upon a showing of
good cause.
(8) When the process for acknowledgment of parentage as
provided for under subsection (5) establishes the paternity of
a child whose certificate of birth is on file in another state,
the Department of Healthcare and Family Services shall forward
a copy of the acknowledgment of parentage, the denial of
paternity, if applicable, and the rescission of parentage, if
applicable, to the birth record agency of the state where the
child's certificate of birth is on file.
(9) In the event the parent-child relationship has been
established in accordance with subdivision (a)(1) of Section 6
of the Parentage Act of 1984, the names of the biological
mother and biological father so established shall be entered on
the child's birth certificate, and the names of the surrogate
mother and surrogate mother's husband, if any, shall not be on

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the birth certificate.
(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
96-474, eff. 8-14-09; 96-1000, eff. 7-2-10.)
(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
Sec. 24. (1) To protect the integrity of vital records, to
insure their proper use, and to insure the efficient and proper
administration of the vital records system, access to vital
records, and indexes thereof, including vital records in the
custody of local registrars and county clerks originating prior
to January 1, 1916, is limited to the custodian and his
employees, and then only for administrative purposes, except
that the indexes of those records in the custody of local
registrars and county clerks, originating prior to January 1,
1916, shall be made available to persons for the purpose of
genealogical research. Original, photographic or
microphotographic reproductions of original records of births
100 years old and older and deaths 50 years old and older, and
marriage records 75 years old and older on file in the State
Office of Vital Records and in the custody of the county clerks
may be made available for inspection in the Illinois State
Archives reference area, Illinois Regional Archives
Depositories, and other libraries approved by the Illinois
State Registrar and the Director of the Illinois State
Archives, provided that the photographic or microphotographic
copies are made at no cost to the county or to the State of

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Illinois. It is unlawful for any custodian to permit inspection
of, or to disclose information contained in, vital records, or
to copy or permit to be copied, all or part of any such record
except as authorized by this Act or regulations adopted
pursuant thereto.
(2) The State Registrar of Vital Records, or his agent, and
any municipal, county, multi-county, public health district,
or regional health officer recognized by the Department may
examine vital records for the purpose only of carrying out the
public health programs and responsibilities under his
jurisdiction.
(3) The State Registrar of Vital Records, may disclose, or
authorize the disclosure of, data contained in the vital
records when deemed essential for bona fide research purposes
which are not for private gain.
This amendatory Act of 1973 does not apply to any home rule
unit.
(4) The State Registrar shall exchange with the Department
of Healthcare and Family Services information that may be
necessary for the establishment of paternity and the
establishment, modification, and enforcement of child support
orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act, or the

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Illinois Parentage Act of 1984, or the Illinois Parentage Act
of 2012. Notwithstanding any provisions in this Act to the
contrary, the State Registrar shall not be liable to any person
for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid) under this subsection or for any other action
taken in good faith to comply with the requirements of this
subsection.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 959. The Illinois Vehicle Code is amended by
changing Sections 2-109.1 and 7-703 as follows:
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with
the Department of Healthcare and Family Services which may be
necessary for the establishment of paternity and the
establishment, modification, and enforcement of child support
orders pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984, or the Illinois Parentage Act of 2012.
(b) Notwithstanding any provisions in this Code to the

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contrary, the Secretary of State shall not be liable to any
person for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid) under subsection (a) or for any other action
taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 95-331, eff. 8-21-07.)
(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court ordered
support.
(a) The clerk of the circuit court, as provided in
subsection (b) of Section 505 of the Illinois Marriage and
Dissolution of Marriage Act or as provided in Section 805 15 of
the Illinois Parentage Act of 2012 1984, shall forward to the
Secretary of State, on a form prescribed by the Secretary, an
authenticated document certifying the court's order suspending
the driving privileges of the obligor. For any such
certification, the clerk of the court shall charge the obligor
a fee of $5 as provided in the Clerks of Courts Act.
(b) If an obligor has been adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days
obligation or more but has not been held in contempt of court,
the circuit court may order that the obligor's driving
privileges be suspended. If the circuit court orders that the
obligor's driving privileges be suspended, it shall forward to

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the Secretary of State, on a form prescribed by the Secretary,
an authenticated document certifying the court's order
suspending the driving privileges of the obligor. The
authenticated document shall be forwarded to the Secretary of
State by the court no later than 45 days after entry of the
order suspending the obligor's driving privileges.
(Source: P.A. 91-613, eff. 7-1-00.)
Section 960. The Clerks of Courts Act is amended by
changing Section 27.1a as follows:
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court in
all counties having a population of not more than 500,000
inhabitants in the instances described in this Section shall be
as provided in this Section. In those instances where a minimum
and maximum fee is stated, the clerk of the circuit court must
charge the minimum fee listed and may charge up to the maximum
fee if the county board has by resolution increased the fee.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $40 and a maximum of
$160.
(A) When the amount of money or damages or the

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value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, a minimum of $10 and a maximum of $20.
(C) When that amount exceeds $500 but does not
exceed $2500, a minimum of $25 and a maximum of $40.
(D) When that amount exceeds $2500 but does not
exceed $15,000, a minimum of $25 and a maximum of $75.
(E) For the exercise of eminent domain, a minimum
of $45 and a maximum of $150. For each additional lot
or tract of land or right or interest therein subject
to be condemned, the damages in respect to which shall
require separate assessment by a jury, a minimum of $45
and a maximum of $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act of
1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage Act
of 2012 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, a minimum

HB6191 - 142 - LRB097 13524 JLS 69734 b
of $10 and a maximum of $50. When the plaintiff unites his
or her claim for possession with a claim for rent or
damages or both exceeding $15,000, a minimum of $40 and a
maximum of $160.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his
or her answer or otherwise or joins another party as a
third party defendant, or both, the defendant shall pay a
fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay had
he or she brought a separate action for the relief sought
in the counterclaim or against the third party defendant,
less the amount of the appearance fee, if that has been
paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $20 and a maximum of $50. When
the amount exceeds $1500, but does not exceed $15,000, a
minimum of $40 and a maximum of $115. When the amount
exceeds $15,000, a minimum of $40 and a maximum of $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $15 and a maximum of $60, except as
follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of $10

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and a maximum of $50.
(B) When the amount in the case does not exceed
$1500, a minimum of $10 and a maximum of $30.
(C) When that amount exceeds $1500 but does not
exceed $15,000, a minimum of $15 and a maximum of $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $5 and a maximum of $15; when the
amount exceeds $1,000 but does not exceed $5,000, a minimum
of $5 and a maximum of $30; and when the amount exceeds
$5,000, a minimum of $5 and a maximum of $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases
and small claims cases or a petition to reopen an estate,
to modify, terminate, or enforce a judgment or order for
child or spousal support, or to modify, suspend, or
terminate an order for withholding, if filed before 30 days
after the entry of the judgment or order, a minimum of $20
and a maximum of $50.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or
to modify, suspend, or terminate an order for withholding,
if filed later than 30 days after the entry of the judgment

HB6191 - 144 - LRB097 13524 JLS 69734 b
or order, a minimum of $20 and a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a
minimum of $10 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be a
minimum of $2 and a maximum of $10, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, a minimum of $2 and a maximum of $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $60 and a maximum of $100.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing
with the seal of office, a minimum of $2 and a maximum of
$6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $20 and a maximum of $60.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $50 and a maximum of $150.
(4) Court appeals when original documents are

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forwarded, over 200 pages, an additional fee of a minimum
of 20 cents and a maximum of 25 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, a minimum of $1 and a maximum of
$2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the case
with either its original number or a new number. The Clerk
shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of a
minimum of $4 and a maximum of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk

HB6191 - 146 - LRB097 13524 JLS 69734 b
shall be entitled to a fee of a minimum of $4 and a maximum
of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the records
are maintained in a current automated medium, and when no
hard copy print output is requested. The fees to be charged
for management records, multiple case records, and
multiple journal records may be specified by the Chief
Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the clerk,
a minimum of $2 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the
approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may
be requested by the public and agreed to by the clerk and

HB6191 - 147 - LRB097 13524 JLS 69734 b
approved by the chief judge of the circuit court. Any
charges for additional services shall be as agreed to
between the clerk and the party making the request and
approved by the chief judge of the circuit court. Nothing
in this subsection shall be construed to require any clerk
to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to
other fees allowed by law, the sum of a minimum of $62.50
and a maximum of $212.50, as a fee for the services of a
jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of
eminent domain and in every other action wherein the right
of trial by jury is or may be given by law. The jury fee
shall be paid by the party demanding a jury at the time of
filing the jury demand. If the fee is not paid by either
party, no jury shall be called in the action or proceeding,
and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a minimum
of $10 and a maximum of $20; for recording the same, a
minimum of 25 cents and a maximum of 50 cents for each 100
words. Exceptions filed to claims presented to an assignee
of a debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which

HB6191 - 148 - LRB097 13524 JLS 69734 b
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the claimant
or claimants as party or parties defendant, and those
parties respectively shall pay to the clerk the same fees
as provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $15 and a maximum of $60 for each expungement
petition filed and an additional fee of a minimum of $2 and
a maximum of $4 for each certified copy of an order to
expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce,
or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $50 and a maximum of $150, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) proof of heirship alone is made, (ii)
a domestic or foreign will is admitted to probate
without administration (including proof of heirship),

HB6191 - 149 - LRB097 13524 JLS 69734 b
or (iii) letters of office are issued for a particular
purpose without administration of the estate, the fee
shall be a minimum of $10 and a maximum of $40.
(C) For filing a petition to sell Real Estate, $50.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the estate,
including filing or joining in the filing of a tax
return or releasing a mortgage or consenting to the
marriage of the ward, the fee shall be a minimum of $10
and a maximum of $20.
(C) For filing a Petition to sell Real Estate, $50.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are
payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, a minimum
of $10 and a maximum of $25.
(B) For filing a claim in an estate when the amount

HB6191 - 150 - LRB097 13524 JLS 69734 b
claimed is $150 or more but less than $500, a minimum
of $10 and a maximum of $25; when the amount claimed is
$500 or more but less than $10,000, a minimum of $10
and a maximum of $40; when the amount claimed is
$10,000 or more, a minimum of $10 and a maximum of $60;
provided that the court in allowing a claim may add to
the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest
of a will, enforcement of a contract to make a will,
and proceedings involving testamentary trusts or the
appointment of testamentary trustees, a minimum of $40
and a maximum of $60.
(D) For filing in an estate (i) the appearance of
any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem,
or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a
minimum of $10 and a maximum of $30.
(F) For each jury demand, a minimum of $62.50 and a
maximum of $137.50.
(G) For disposition of the collection of a judgment
or settlement of an action or claim for wrongful death

HB6191 - 151 - LRB097 13524 JLS 69734 b
of a decedent or of any cause of action of a ward, when
there is no other administration of the estate, a
minimum of $30 and a maximum of $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000, the
fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
maximum of $20.
(H) For each certified copy of letters of office,
of court order or other certification, a minimum of $1
and a maximum of $2, plus a minimum of 50 cents and a
maximum of $1 per page in excess of 3 pages for the
document certified.
(I) For each exemplification, a minimum of $1 and a
maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fee shall pay the same directly to the person entitled
thereto.
(6) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
to the clerk all postage charges incurred by the clerk in

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mailing petitions, orders, notices, or other documents
pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $40 and a
maximum of $100.
(B) Misdemeanor complaints, a minimum of $25 and a
maximum of $75.
(C) Business offense complaints, a minimum of $25
and a maximum of $75.
(D) Petty offense complaints, a minimum of $25 and
a maximum of $75.
(E) Minor traffic or ordinance violations, $10.
(F) When court appearance required, $15.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders, a
minimum of $20 and a maximum of $40.
(I) Motions to vacate ex parte judgments, whenever
filed, a minimum of $20 and a maximum of $40.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of $40.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of

HB6191 - 153 - LRB097 13524 JLS 69734 b
State, a minimum of $20 and a maximum of $40.
(2) In counties having a population of not more than
500,000 inhabitants, when the violation complaint is
issued by a municipal police department, the clerk shall be
entitled to costs from each person convicted therein as
follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to other
fees or costs allowed or imposed by law, the sum of a
minimum of $62.50 and a maximum of $137.50 as a fee for the
services of a jury. The jury fee shall be paid by the
defendant at the time of filing his or her jury demand. If
the fee is not so paid by the defendant, no jury shall be
called, and the case shall be tried by the court without a
jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk
shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it

HB6191 - 154 - LRB097 13524 JLS 69734 b
were the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, a minimum of $10 and a
maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or more
tax objections, regardless of the number of parcels
involved or the number of taxpayers joining on the
complaint, a minimum of $10 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $45 and a maximum of $200.
(2) For each additional parcel, add a fee of a minimum
of $10 and a maximum of $60.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, a sum equal to a minimum of 2% and a maximum of 2.5%
of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.

HB6191 - 155 - LRB097 13524 JLS 69734 b
(4) In child support and maintenance cases, the clerk,
if authorized by an ordinance of the county board, may
collect an annual fee of up to $36 from the person making
payment for maintaining child support records and the
processing of support orders to the State of Illinois KIDS
system and the recording of payments issued by the State
Disbursement Unit for the official record of the Court.
This fee shall be in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex-officio, to be used by the clerk to maintain
child support orders and record all payments issued by the
State Disbursement Unit for the official record of the
Court. The clerk may recover from the person making the
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility Law
and these fees shall also be deposited into the Separate
Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's office,

HB6191 - 156 - LRB097 13524 JLS 69734 b
to be charged against the party that filed the document, a
minimum of $10 and a maximum of $25.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency" means
an agency of the State or a unit of local government which
is vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General or
any state's attorney.
(2) No fee provided herein shall be charged to any unit
of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a private
owner or tenant of real property within 1200 feet of a
dangerous or unsafe building seeking an order compelling
the owner or owners of the building to take any of the
actions authorized under that subsection.
(4) The fee requirements of this Section shall not
apply to the filing of any commitment petition or petition
for an order authorizing the administration of
psychotropic medication or electroconvulsive therapy under
the Mental Health and Developmental Disabilities Code.
(ee) Adoptions.

HB6191 - 157 - LRB097 13524 JLS 69734 b
(1) For an adoption...............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term
"special needs adoption" shall have the meaning ascribed to
it by the Illinois Department of Children and Family
Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding nor may any fee be charged for
proceedings for the appointment of a confidential
intermediary under the Adoption Act.
(Source: P.A. 95-172, eff. 8-14-07; 95-331, eff. 8-21-07.)
Section 961. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3 and 6-9 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13, 3-15
or 4-12 that a minor under 18 years of age is abused, neglected
or dependent, or requires authoritative intervention, or
addicted, respectively, are supported by a preponderance of the

HB6191 - 158 - LRB097 13524 JLS 69734 b
evidence or whether the allegations of a petition under Section
5-520 that a minor is delinquent are proved beyond a reasonable
doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
(4) "Association" means any organization, public or
private, engaged in welfare functions which include services to
or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;

HB6191 - 159 - LRB097 13524 JLS 69734 b
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under the
Emancipation of Minors Act or under this Act.

HB6191 - 160 - LRB097 13524 JLS 69734 b
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to enlistment
in the armed forces of the United States, or to a major
medical, psychiatric, and surgical treatment; to represent
the minor in legal actions; and to make other decisions of
substantial legal significance concerning the minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of a
minor and the duty to protect, train and discipline him and to
provide him with food, shelter, education and ordinary medical

HB6191 - 161 - LRB097 13524 JLS 69734 b
care, except as these are limited by residual parental rights
and responsibilities and the rights and responsibilities of the
guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents him or her from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means the father or mother of a child and
includes any adoptive parent. It also includes a man (i) whose
paternity is presumed or has been established under the law of
this or another jurisdiction or (ii) who has registered with
the Putative Father Registry in accordance with Section 12.1 of
the Adoption Act and whose paternity has not been ruled out
under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2012, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,

HB6191 - 162 - LRB097 13524 JLS 69734 b
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or similar statute in another
jurisdiction unless upon motion of any party, other than the
offender, to the juvenile court proceedings the court finds it
is in the child's best interest to deem the offender a parent
for purposes of the juvenile court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
thereunder in Section 3-15, 4-12 or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents him or her from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the

HB6191 - 163 - LRB097 13524 JLS 69734 b
parent or parents or other person responsible for the minor's
welfare.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in the
best interests of the minor as provided in subsection (8)(b) of
this Section), the right to consent to adoption, the right to
determine the minor's religious affiliation, and the
responsibility for his support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(15) "Station adjustment" means the informal handling of an
alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the

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case of a State police officer, juvenile officer training
approved by the Director of the Department of State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11.)
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
Sec. 6-9. Enforcement of liability of parents and others.
(1) If parentage is at issue in any proceeding under this
Act, other than cases involving those exceptions to the
definition of parent set out in item (11) in Section 1-3, then
the Illinois Parentage Act of 2012 1984 shall apply and the
court shall enter orders consistent with that Act. If it
appears at any hearing that a parent or any other person named

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in the petition, liable under the law for the support of the
minor, is able to contribute to his or her support, the court
shall enter an order requiring that parent or other person to
pay the clerk of the court, or to the guardian or custodian
appointed under Sections 2-27, 3-28, 4-25 or 5-740, a
reasonable sum from time to time for the care, support and
necessary special care or treatment, of the minor. If the court
determines at any hearing that a parent or any other person
named in the petition, liable under the law for the support of
the minor, is able to contribute to help defray the costs
associated with the minor's detention in a county or regional
detention center, the court shall enter an order requiring that
parent or other person to pay the clerk of the court a
reasonable sum for the care and support of the minor. The court
may require reasonable security for the payments. Upon failure
to pay, the court may enforce obedience to the order by a
proceeding as for contempt of court.
If it appears that the person liable for the support of the
minor is able to contribute to legal fees for representation of
the minor, the court shall enter an order requiring that person
to pay a reasonable sum for the representation, to the attorney
providing the representation or to the clerk of the court for
deposit in the appropriate account or fund. The sum may be paid
as the court directs, and the payment thereof secured and
enforced as provided in this Section for support.
If it appears at the detention or shelter care hearing of a

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minor before the court under Section 5-501 that a parent or any
other person liable for support of the minor is able to
contribute to his or her support, that parent or other person
shall be required to pay a fee for room and board at a rate not
to exceed $10 per day established, with the concurrence of the
chief judge of the judicial circuit, by the county board of the
county in which the minor is detained unless the court
determines that it is in the best interest and welfare of the
minor to waive the fee. The concurrence of the chief judge
shall be in the form of an administrative order. Each week, on
a day designated by the clerk of the circuit court, that parent
or other person shall pay the clerk for the minor's room and
board. All fees for room and board collected by the circuit
court clerk shall be disbursed into the separate county fund
under Section 6-7.
Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or other
person establishes that he or she is indigent and unable to pay
the incurred liability, and the court may reduce or waive
liability if the parent or other person establishes
circumstances showing that full payment of support or legal
fees would result in financial hardship to the person or his or
her family.
(2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or commission,
the court may order him to make the support payments for which

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he is liable under this Act out of his wages, salary or
commission and to assign so much thereof as will pay the
support. The court may also order him to make discovery to the
court as to his place of employment and the amounts earned by
him. Upon his failure to obey the orders of court he may be
punished as for contempt of court.
(3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary or
commission be made directly to (a) the Department of Healthcare
and Family Services if the minor is a recipient of aid under
Article V of the Code, (b) the Department of Human Services if
the minor is a recipient of aid under Article IV of the Code,
or (c) the local governmental unit responsible for the support
of the minor if he is a recipient under Articles VI or VII of
the Code. The order shall permit the Department of Healthcare
and Family Services, the Department of Human Services, or the
local governmental unit, as the case may be, to direct that
subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in
the minor's behalf, upon removal of the minor from the public
aid rolls; and upon such direction and removal of the minor
from the public aid rolls, the Department of Healthcare and
Family Services, Department of Human Services, or local
governmental unit, as the case requires, shall give written
notice of such action to the court. Payments received by the

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Department of Healthcare and Family Services, Department of
Human Services, or local governmental unit are to be covered,
respectively, into the General Revenue Fund of the State
Treasury or General Assistance Fund of the governmental unit,
as provided in Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 97-568, eff. 8-25-11.)
Section 962. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-14 as follows:
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member, as defined in
this Article, an order of protection prohibiting such abuse
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as appropriate:
Section 112A-17 on emergency orders, Section 112A-18 on interim
orders, or Section 112A-19 on plenary orders. Petitioner shall
not be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or
not to issue an order of protection, shall not require physical
manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall
be in accordance with this Article.
(b) Remedies and standards. The remedies to be included in

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an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 112A-17 on emergency orders, Section 112A-18 on interim
orders, and Section 112A-19 on plenary orders. The remedies
listed in this subsection shall be in addition to other civil
or criminal remedies available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the
Illinois Marriage and Dissolution of Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any

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person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The

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court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
If an order of protection grants petitioner exclusive
possession of the residence, or prohibits respondent from
entering the residence, or orders respondent to stay away
from petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used exclusively
by respondent, medications, and other items as the court
directs. The right to access shall be exercised on only one
occasion as the court directs and in the presence of an
agreed-upon adult third party or law enforcement officer.
(4) Counseling. Require or recommend the respondent to

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undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program,
mental health center guidance counselor, agency providing
services to elders, program designed for domestic violence
abusers or any other guidance service the court deems
appropriate. The court may order the respondent in any
intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner
abuse intervention program for an assessment and to follow
all recommended treatment.
(5) Physical care and possession of the minor child. In
order to protect the minor child from abuse, neglect, or
unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 112A-3) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.

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(6) Temporary legal custody. Award temporary legal
custody to petitioner in accordance with this Section, the
Illinois Marriage and Dissolution of Marriage Act, the
Illinois Parentage Act of 2012 1984, and this State's
Uniform Child-Custody Jurisdiction and Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 112A-3) of a minor
child, there shall be a rebuttable presumption that
awarding temporary legal custody to respondent would not be
in the child's best interest.
(7) Visitation. Determine the visitation rights, if
any, of respondent in any case in which the court awards
physical care or temporary legal custody of a minor child
to petitioner. The court shall restrict or deny
respondent's visitation with a minor child if the court
finds that respondent has done or is likely to do any of
the following: (i) abuse or endanger the minor child during
visitation; (ii) use the visitation as an opportunity to
abuse or harass petitioner or petitioner's family or
household members; (iii) improperly conceal or detain the
minor child; or (iv) otherwise act in a manner that is not
in the best interests of the minor child. The court shall
not be limited by the standards set forth in Section 607.1
of the Illinois Marriage and Dissolution of Marriage Act.
If the court grants visitation, the order shall specify
dates and times for the visitation to take place or other

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specific parameters or conditions that are appropriate. No
order for visitation shall refer merely to the term
"reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving in
a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for visitation, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for visitation. A person may be
approved to supervise visitation only after filing an
affidavit accepting that responsibility and acknowledging
accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner or to permit
any court-ordered interview or examination of the child or

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the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or

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(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or custody, when the respondent has a
legal obligation to support that person, in accordance with
the Illinois Marriage and Dissolution of Marriage Act,

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which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of
income to secure payment. An order for child support may be
granted to a petitioner with lawful physical care or
custody of a child, or an order or agreement for physical
care or custody, prior to entry of an order for legal
custody. Such a support order shall expire upon entry of a
valid order granting legal custody to another, unless
otherwise provided in the custody order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs and moving or other
travel expenses, including additional reasonable expenses
for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.

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(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person

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represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any firearms in the possession of the respondent,
except as provided in subsection (b), shall be ordered
by the court to be turned over to the local law
enforcement agency for safekeeping. The court shall
issue an order that the respondent's Firearm Owner's
Identification Card be turned over to the local law
enforcement agency for safekeeping. The period of
safekeeping shall be for the duration of the order of
protection. The firearm or firearms shall be returned
to the respondent at expiration of the order of
protection.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 1961, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the order of protection.
(c) Upon expiration of the period of safekeeping,

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if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over
to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 112A-5, or if necessary to
prevent abuse or wrongful removal or concealment of a minor
child, the order shall deny respondent access to, and
prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and

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deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of
a family or household member or to effectuate one of the
granted remedies, if supported by the balance of hardships.
If the harm to be prevented by the injunction is abuse or
any other harm that one of the remedies listed in
paragraphs (1) through (16) of this subsection is designed
to prevent, no further evidence is necessary to establish
that the harm is an irreparable injury.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be abused
or neglected or improperly removed from the
jurisdiction, improperly concealed within the State or

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improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or

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other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order
of protection, the court, as an alternative to or as a
supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
112A-5 and 112A-17 is presented to the court, the court
shall examine petitioner on oath or affirmation. An
emergency order of protection shall be issued by the court
if it appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984 or under the Illinois Parentage Act
of 2012 on and after the effective date of that Act. Absent
such an adjudication, no putative father shall be granted
temporary custody of the minor child, visitation with the
minor child, or physical care and possession of the minor
child, nor shall an order of payment for support of the

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minor child be entered.
(d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article VII of the Criminal Code of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article VII of the Criminal
Code of 1961;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to avoid
further abuse by respondent;
(6) Petitioner did not leave the residence or household
to avoid further abuse by respondent;

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(7) Conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
97-158, eff. 1-1-12.)
Section 963. The Unified Code of Corrections is amended by
changing Section 3-5-4 as follows:
(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the Department of
Healthcare and Family Services information that may be
necessary for the enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois Marriage
and Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act of
1984, or the Illinois Parentage Act of 2012.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department shall not be liable to any person for
any disclosure of information to the Department of Healthcare
and Family Services (formerly Illinois Department of Public

HB6191 - 186 - LRB097 13524 JLS 69734 b
Aid) under subsection (a) or for any other action taken in good
faith to comply with the requirements of subsection (a).
(Source: P.A. 95-331, eff. 8-21-07.)
Section 964. The Code of Civil Procedure is amended by
changing Sections 2-209, 2-1401, 12-112, and 12-819 as follows:
(735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
Sec. 2-209. Act submitting to jurisdiction - Process.
(a) Any person, whether or not a citizen or resident of
this State, who in person or through an agent does any of the
acts hereinafter enumerated, thereby submits such person, and,
if an individual, his or her personal representative, to the
jurisdiction of the courts of this State as to any cause of
action arising from the doing of any of such acts:
(1) The transaction of any business within this State;
(2) The commission of a tortious act within this State;
(3) The ownership, use, or possession of any real
estate situated in this State;
(4) Contracting to insure any person, property or risk
located within this State at the time of contracting;
(5) With respect to actions of dissolution of marriage,
declaration of invalidity of marriage and legal
separation, the maintenance in this State of a matrimonial
domicile at the time this cause of action arose or the
commission in this State of any act giving rise to the

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cause of action;
(6) With respect to actions brought under the Illinois
Parentage Act of 1984, as now or hereafter amended, or
under the Illinois Parentage Act of 2012 on and after the
effective date of that Act, the performance of an act of
sexual intercourse within this State during the possible
period of conception;
(7) The making or performance of any contract or
promise substantially connected with this State;
(8) The performance of sexual intercourse within this
State which is claimed to have resulted in the conception
of a child who resides in this State;
(9) The failure to support a child, spouse or former
spouse who has continued to reside in this State since the
person either formerly resided with them in this State or
directed them to reside in this State;
(10) The acquisition of ownership, possession or
control of any asset or thing of value present within this
State when ownership, possession or control was acquired;
(11) The breach of any fiduciary duty within this
State;
(12) The performance of duties as a director or officer
of a corporation organized under the laws of this State or
having its principal place of business within this State;
(13) The ownership of an interest in any trust
administered within this State; or

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(14) The exercise of powers granted under the authority
of this State as a fiduciary.
(b) A court may exercise jurisdiction in any action arising
within or without this State against any person who:
(1) Is a natural person present within this State when
served;
(2) Is a natural person domiciled or resident within
this State when the cause of action arose, the action was
commenced, or process was served;
(3) Is a corporation organized under the laws of this
State; or
(4) Is a natural person or corporation doing business
within this State.
(b-5) Foreign defamation judgment. The courts of this State
shall have personal jurisdiction over any person who obtains a
judgment in a defamation proceeding outside the United States
against any person who is a resident of Illinois or, if not a
natural person, has its principal place of business in
Illinois, for the purposes of rendering declaratory relief with
respect to that resident's liability for the judgment, or for
the purpose of determining whether said judgment should be
deemed non-recognizable pursuant to this Code, to the fullest
extent permitted by the United States Constitution, provided:
(1) the publication at issue was published in Illinois,
and
(2) that resident (i) has assets in Illinois which

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might be used to satisfy the foreign defamation judgment,
or (ii) may have to take actions in Illinois to comply with
the foreign defamation judgment.
The provisions of this subsection (b-5) shall apply to
persons who obtained judgments in defamation proceedings
outside the United States prior to, on, or after the effective
date of this amendatory Act of the 95th General Assembly.
(c) A court may also exercise jurisdiction on any other
basis now or hereafter permitted by the Illinois Constitution
and the Constitution of the United States.
(d) Service of process upon any person who is subject to
the jurisdiction of the courts of this State, as provided in
this Section, may be made by personally serving the summons
upon the defendant outside this State, as provided in this Act,
with the same force and effect as though summons had been
personally served within this State.
(e) Service of process upon any person who resides or whose
business address is outside the United States and who is
subject to the jurisdiction of the courts of this State, as
provided in this Section, in any action based upon product
liability may be made by serving a copy of the summons with a
copy of the complaint attached upon the Secretary of State. The
summons shall be accompanied by a $5 fee payable to the
Secretary of State. The plaintiff shall forthwith mail a copy
of the summons, upon which the date of service upon the
Secretary is clearly shown, together with a copy of the

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complaint to the defendant at his or her last known place of
residence or business address. Plaintiff shall file with the
circuit clerk an affidavit of the plaintiff or his or her
attorney stating the last known place of residence or the last
known business address of the defendant and a certificate of
mailing a copy of the summons and complaint to the defendant at
such address as required by this subsection (e). The
certificate of mailing shall be prima facie evidence that the
plaintiff or his or her attorney mailed a copy of the summons
and complaint to the defendant as required. Service of the
summons shall be deemed to have been made upon the defendant on
the date it is served upon the Secretary and shall have the
same force and effect as though summons had been personally
served upon the defendant within this State.
(f) Only causes of action arising from acts enumerated
herein may be asserted against a defendant in an action in
which jurisdiction over him or her is based upon subsection
(a).
(g) Nothing herein contained limits or affects the right to
serve any process in any other manner now or hereafter provided
by law.
(Source: P.A. 95-865, eff. 8-19-08.)
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments.
(a) Relief from final orders and judgments, after 30 days

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from the entry thereof, may be had upon petition as provided in
this Section. Writs of error coram nobis and coram vobis, bills
of review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds for
such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of the
order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in
Section 6 of the Illinois Parentage Act of 2012 1984, there
shall be no distinction between actions and other proceedings,
statutory or otherwise, as to availability of relief, grounds
for relief or the relief obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. All parties to the petition shall be notified as
provided by rule.
(c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987 or in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963, the petition must be filed not later than 2
years after the entry of the order or judgment. Time during
which the person seeking relief is under legal disability or
duress or the ground for relief is fraudulently concealed shall

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be excluded in computing the period of 2 years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment pursuant to the provisions of this Section does not
affect the right, title or interest in or to any real or
personal property of any person, not a party to the original
action, acquired for value after the entry of the order or
judgment but before the filing of the petition, nor affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
(f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(Source: P.A. 95-331, eff. 8-21-07.)
(735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
Sec. 12-112. What liable to enforcement. All the lands,
tenements, real estate, goods and chattels (except such as is
by law declared to be exempt) of every person against whom any
judgment has been or shall be hereafter entered in any court,
for any debt, damages, costs, or other sum of money, shall be
liable to be sold upon such judgment. Any real property, any
beneficial interest in a land trust, or any interest in real

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property held in a revocable inter vivos trust or revocable
inter vivos trusts created for estate planning purposes, held
in tenancy by the entirety shall not be liable to be sold upon
judgment entered on or after October 1, 1990 against only one
of the tenants, except if the property was transferred into
tenancy by the entirety with the sole intent to avoid the
payment of debts existing at the time of the transfer beyond
the transferor's ability to pay those debts as they become due.
However, any income from such property shall be subject to
garnishment as provided in Part 7 of this Article XII, whether
judgment has been entered against one or both of the tenants.
If the court authorizes the piercing of the ownership veil
pursuant to Section 505 of the Illinois Marriage and
Dissolution of Marriage Act or Section 805 15 of the Illinois
Parentage Act of 2012 1984, any assets determined to be those
of the non-custodial parent, although not held in name of the
non-custodial parent, shall be subject to attachment or other
provisional remedy in accordance with the procedure prescribed
by this Code. The court may not authorize attachment of
property or any other provisional remedy under this paragraph
unless it has obtained jurisdiction over the entity holding
title to the property by proper service on that entity. With
respect to assets which are real property, no order entered as
described in this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to

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the time a notice of lis pendens pursuant to this Code or a
copy of the order is placed of record in the office of the
recorder of deeds for the county in which the real property is
located.
This amendatory Act of 1995 (P.A. 89-438) is declarative of
existing law.
This amendatory Act of 1997 (P.A. 90-514) is intended as a
clarification of existing law and not as a new enactment.
(Source: P.A. 96-1145, eff. 1-1-11.)
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on part 8 of Article XII. The
provisions of this Part 8 of Article XII of this Act do not
apply to orders for withholding of income entered by the court
under provisions of The Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Illinois Parentage Act of 1984, and the Illinois Parentage Act
of 2012, and the Paternity Act for support of a child or
maintenance of a spouse.
(Source: P.A. 91-613, eff. 10-1-99.)
Section 965. The Illinois Wage Assignment Act is amended by
changing Section 11 as follows:

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(740 ILCS 170/11) (from Ch. 48, par. 39.12)
Sec. 11. The provisions of this Act do not apply to orders
for withholding of income entered by the court under provisions
of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Illinois
Parentage Act of 1984, and the Illinois Parentage Act of 2012
and the Paternity Act for support of a child or maintenance of
a spouse.
(Source: P.A. 91-613, eff. 10-1-99.)
Section 966. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 713 as follows:
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this Section,
"obligor" has the same meaning ascribed to such term in the
Income Withholding for Support Act.
(a) In any proceeding to enforce an order for support,
where the obligor has failed to appear in court pursuant to
order of court and after due notice thereof, the court may
enter an order for the attachment of the body of the obligor.
Notices under this Section shall be served upon the obligor by
any means authorized under subsection (a-5) of Section 505. The
attachment order shall fix an amount of escrow which is equal

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to a minimum of 20% of the total child support arrearage
alleged by the obligee in sworn testimony to be due and owing.
The attachment order shall direct the Sheriff of any county in
Illinois to take the obligor into custody and shall set the
number of days following release from custody for a hearing to
be held at which the obligor must appear, if he is released
under subsection (b) of this Section.
(b) If the obligor is taken into custody, the Sheriff shall
take the obligor before the court which entered the attachment
order. However, the Sheriff may release the person after he or
she has deposited the amount of escrow ordered by the court
pursuant to local procedures for the posting of bond. The
Sheriff shall advise the obligor of the hearing date at which
the obligor is required to appear.
(c) Any escrow deposited pursuant to this Section shall be
transmitted to the Clerk of the Circuit Court for the county in
which the order for attachment of the body of the obligor was
entered. Any Clerk who receives money deposited into escrow
pursuant to this Section shall notify the obligee, public
office or legal counsel whose name appears on the attachment
order of the court date at which the obligor is required to
appear and the amount deposited into escrow. The Clerk shall
disburse such money to the obligee only under an order from the
court that entered the attachment order pursuant to this
Section.
(d) Whenever an obligor is taken before the court by the

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Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition that
gave rise to the attachment order. For purposes of
determining arrearages that are due and owing by the
obligor, the court shall accept the previous sworn
testimony of the obligee as true and the appearance of the
obligee shall not be required. The court shall require
sworn testimony of the obligor as to his or her Social
Security number, income, employment, bank accounts,
property and any other assets. If there is a dispute as to
the total amount of arrearages, the court shall proceed as
in any other case as to the undisputed amounts; and
(2) order the Clerk of the Circuit Court to disburse to
the obligee or public office money held in escrow pursuant
to this Section if the court finds that the amount of
arrearages exceeds the amount of the escrow. Amounts
received by the obligee or public office shall be deducted
from the amount of the arrearages.
(e) If the obligor fails to appear in court after being
notified of the court date by the Sheriff upon release from
custody, the court shall order any monies deposited into escrow
to be immediately released to the obligee or public office and
shall proceed under subsection (a) of this Section by entering
another order for the attachment of the body of the obligor.
(f) This Section shall apply to any order for support

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issued under the "Illinois Marriage and Dissolution of Marriage
Act", approved September 22, 1977, as amended; the Illinois
Parentage Act of 2012; the "Illinois Parentage Act of 1984",
effective July 1, 1985, as amended; the "Revised Uniform
Reciprocal Enforcement of Support Act", approved August 28,
1969, as amended; "The Illinois Public Aid Code", approved
April 11, 1967, as amended; the Non-Support Punishment Act; and
the "Non-support of Spouse and Children Act", approved June 8,
1953, as amended.
(g) Any escrow established pursuant to this Section for the
purpose of providing support shall not be subject to fees
collected by the Clerk of the Circuit Court for any other
escrow.
(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99;
92-16, eff. 6-28-01.)
Section 967. The Non-Support Punishment Act is amended by
changing Section 50 as follows:
(750 ILCS 16/50)
Sec. 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to
perform community service for not less than 30 and not more
than 120 hours per month, if community service is available in
the jurisdiction and is funded and approved by the county board

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of the county where the offense was committed. In addition,
whenever any person is placed on supervision for committing an
offense under this Act, the supervision shall be conditioned on
the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender to
service in a work alternative program administered by the
sheriff. The conditions of the program are that the offender
obtain or retain employment and participate in a work
alternative program administered by the sheriff during
non-working hours. A person may not be required to participate
in a work alternative program under this subsection if the
person is currently participating in a work program pursuant to
another provision of this Act, Section 10-11.1 of the Illinois
Public Aid Code, Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 806 15.1 of the
Illinois Parentage Act of 2012 1984.
(c) In addition to any other penalties imposed against an
offender under this Act, the court may order, in cases where
the offender has been in violation of this Act for 90 days or
more, that the offender's Illinois driving privileges be
suspended until the court determines that the offender is in
compliance with this Act.
The court may determine that the offender is in compliance
with this Act if the offender has agreed (i) to pay all
required amounts of support and maintenance as determined by

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the court or (ii) to the garnishment of his or her income for
the purpose of paying those amounts.
The court may also order that the offender be issued a
family financial responsibility driving permit that would
allow limited driving privileges for employment and medical
purposes in accordance with Section 7-702.1 of the Illinois
Vehicle Code. The clerk of the circuit court shall certify the
order suspending the driving privileges of the offender or
granting the issuance of a family financial responsibility
driving permit to the Secretary of State on forms prescribed by
the Secretary. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the offender's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section
7-702.1 of the Illinois Vehicle Code, issue a family financial
responsibility driving permit to the offender.
(d) If the court determines that the offender has been in
violation of this Act for more than 60 days, the court may
determine whether the offender has applied for or been issued a
professional license by the Department of Professional
Regulation or another licensing agency. If the court determines
that the offender has applied for or been issued such a
license, the court may certify to the Department of
Professional Regulation or other licensing agency that the
offender has been in violation of this Act for more than 60
days so that the Department or other agency may take

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appropriate steps with respect to the license or application as
provided in Section 10-65 of the Illinois Administrative
Procedure Act and Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois. The court may take the actions required under this
subsection in addition to imposing any other penalty authorized
under this Act.
(Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)
Section 968. The Uniform Interstate Family Support Act is
amended by changing Section 102 as follows:
(750 ILCS 22/102) (was 750 ILCS 22/101)
Sec. 102. Definitions. In this Act:
"Child" means an individual, whether over or under the age
of 18, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or imposable
by law to provide support for a child, spouse, or former spouse
including an unsatisfied obligation to provide support.
"Home state" means the state in which a child lived with a
parent or a person acting as parent for at least 6 consecutive
months immediately preceding the time of filing of a petition

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or comparable pleading for support, and if a child is less than
6 months old, the state in which the child lived from birth
with any of them. A period of temporary absence of any of them
is counted as part of the 6-month or other period.
"Income" includes earnings or other periodic entitlements
to money from any source and any other property subject to
withholding for support under the law of this State.
"Income-withholding order" means an order or other legal
process directed to an obligor's employer or other debtor, as
defined by the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act the Illinois Public Aid Code, and
the Illinois Parentage Act of 2012 1984, to withhold support
from the income of the obligor.
"Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a
responding state under this Act or a law or procedure
substantially similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal issues
a support order or renders a judgment determining parentage.
"Issuing tribunal" means the tribunal that issues a support
order or renders a judgment determining parentage.
"Obligee" means:
(A) an individual to whom a duty of support is or is

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alleged to be owed or in whose favor a support order has
been issued or a judgment determining parentage has been
rendered;
(B) a state or political subdivision to which the
rights under a duty of support or support order have been
assigned or which has independent claims based on financial
assistance provided to an individual obligee; or
(C) an individual seeking a judgment determining
parentage of the individual's child.
"Obligor" means an individual, or the estate of a decedent:
(i) who owes or is alleged to owe a duty of
support;
(ii) who is alleged but has not been adjudicated to
be a parent of a child; or
(iii) who is liable under a support order.
"Person means an individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, government, governmental
subdivision, agency, instrumentality, public corporation, or
any other legal or commercial entity.
"Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and
is retrievable in perceivable form.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign
Support Orders.

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"Registering tribunal" means a tribunal in which a support
order is registered.
"Responding state" means a state in which a proceeding is
filed or to which a proceeding is forwarded for filing from an
initiating state under this Act or a law or procedure
substantially similar to this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a spouse
or former spouse of the obligor.
"State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of
the United States. The term includes:
(A) an Indian tribe; and
(B) a foreign country or political subdivision that:
(i) has been declared to be a foreign reciprocating
country or political subdivision under federal law;
(ii) has established a reciprocal arrangement for
child support with this State as provided in Section
308; or
(iii) has enacted a law or established procedures
for issuance and enforcement of support orders which
are substantially similar to the procedures under this
Act.
"Support enforcement agency" means a public official or

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agency authorized to seek:
(A) enforcement of support orders or laws relating to
the duty of support;
(B) establishment or modification of child support;
(C) determination of parentage;
(D) to locate obligors or their assets; or
(E) determination of the controlling child support
order.
"Support order" means a judgment, decree, order, or
directive, whether temporary, final, or subject to
modification, issued by a tribunal for the benefit of a child,
a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may
include related costs and fees, interest, income withholding,
attorney's fees, and other relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04.)
Section 969. The Expedited Child Support Act of 1990 is
amended by changing Section 6 as follows:
(750 ILCS 25/6) (from Ch. 40, par. 2706)
Sec. 6. Authority of hearing officers.
(a) With the exception of judicial functions exclusively

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retained by the court in Section 8 of this Act and in
accordance with Supreme Court rules promulgated pursuant to
this Act, Administrative Hearing Officers shall be authorized
to:
(1) Accept voluntary agreements reached by the parties
setting the amount of child support to be paid and medical
support liability and recommend the entry of orders
incorporating such agreements.
(2) Accept voluntary acknowledgments of parentage and
recommend entry of an order establishing parentage based on
such acknowledgement. Prior to accepting such
acknowledgment, the Administrative Hearing Officer shall
advise the putative father of his rights and obligations in
accordance with Supreme Court rules promulgated pursuant
to this Act.
(3) Manage all stages of discovery, including setting
deadlines by which discovery must be completed; and
directing the parties to submit to appropriate tests
pursuant to Section 11 of the Illinois Parentage Act of
2012 1984.
(4) Cause notices to be issued requiring the Obligor to
appear either before the Administrative Hearing Officer or
in court.
(5) Administer the oath or affirmation and take
testimony under oath or affirmation.
(6) Analyze the evidence and prepare written

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recommendations based on such evidence, including but not
limited to: (i) proposed findings as to the amount of the
Obligor's income; (ii) proposed findings as to the amount
and nature of appropriate deductions from the Obligor's
income to determine the Obligor's net income; (iii)
proposed findings as to the existence of relevant factors
as set forth in subsection (a)(2) of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act, which
justify setting child support payment levels above or below
the guidelines; (iv) recommended orders for temporary
child support; (v) recommended orders setting the amount of
current child support to be paid; (vi) proposed findings as
to the existence and amount of any arrearages; (vii)
recommended orders reducing any arrearages to judgement
and for the payment of amounts towards such arrearages;
(viii) proposed findings as to whether there has been a
substantial change of circumstances since the entry of the
last child support order, or other circumstances
justifying a modification of the child support order; and
(ix) proposed findings as to whether the Obligor is
employed.
(7) With respect to any unemployed Obligor who is not
making child support payments or is otherwise unable to
provide support, recommend that the Obligor be ordered to
seek employment and report periodically of his or her
efforts in accordance with such order. Additionally, the

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Administrative Hearing Officer may recommend that the
Obligor be ordered to report to the Department of
Employment Security for job search services or to make
application with the local Job Training Partnership Act
provider for participation in job search, training or work
programs and, where the duty of support is owed to a child
receiving child support enforcement services under Article
X of the Illinois Public Aid Code, the Administrative
Hearing Officer may recommend that the Obligor be ordered
to report to the Department of Healthcare and Family
Services for participation in the job search, training or
work programs established under Section 9-6 of the Illinois
Public Aid Code.
(8) Recommend the registration of any foreign support
judgments or orders as the judgments or orders of Illinois.
(b) In any case in which the Obligee is not participating
in the IV-D program or has not applied to participate in the
IV-D program, the Administrative Hearing Officer shall:
(1) inform the Obligee of the existence of the IV-D
program and provide applications on request; and
(2) inform the Obligee and the Obligor of the option of
requesting payment to be made through the Clerk of the
Circuit Court.
If a request for payment through the Clerk is made, the
Administrative Hearing Officer shall note this fact in the
recommendations to the court.

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(c) The Administrative Hearing Officer may make
recommendations in addition to the proposed findings of fact
and recommended order to which the parties have agreed.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 970. The Income Withholding for Support Act is
amended by changing Section 15 as follows:
(750 ILCS 28/15)
Sec. 15. Definitions.
(a) "Order for support" means any order of the court which
provides for periodic payment of funds for the support of a
child or maintenance of a spouse, whether temporary or final,
and includes any such order which provides for:
(1) modification or resumption of, or payment of
arrearage, including interest, accrued under, a previously
existing order;
(2) reimbursement of support;
(3) payment or reimbursement of the expenses of
pregnancy and delivery (for orders for support entered
under the Illinois Parentage Act of 1984 or its predecessor
the Paternity Act or under the Illinois Parentage Act of
2012); or
(4) enrollment in a health insurance plan that is
available to the obligor through an employer or labor union
or trade union.

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(b) "Arrearage" means the total amount of unpaid support
obligations, including interest, as determined by the court and
incorporated into an order for support.
(b-5) "Business day" means a day on which State offices are
open for regular business.
(c) "Delinquency" means any payment, including a payment of
interest, under an order for support which becomes due and
remains unpaid after entry of the order for support.
(d) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, severance pay, interest, and any other payments, made
by any person, private entity, federal or state government, any
unit of local government, school district or any entity created
by Public Act; however, "income" excludes:
(1) any amounts required by law to be withheld, other
than creditor claims, including, but not limited to,
federal, State and local taxes, Social Security and other
retirement and disability contributions;
(2) union dues;
(3) any amounts exempted by the federal Consumer Credit
Protection Act;
(4) public assistance payments; and

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(5) unemployment insurance benefits except as provided
by law.
Any other State or local laws which limit or exempt income
or the amount or percentage of income that can be withheld
shall not apply.
(e) "Obligor" means the individual who owes a duty to make
payments under an order for support.
(f) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(g) "Payor" means any payor of income to an obligor.
(h) "Public office" means any elected official or any State
or local agency which is or may become responsible by law for
enforcement of, or which is or may become authorized to
enforce, an order for support, including, but not limited to:
the Attorney General, the Illinois Department of Healthcare and
Family Services, the Illinois Department of Human Services, the
Illinois Department of Children and Family Services, and the
various State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(i) "Premium" means the dollar amount for which the obligor
is liable to his employer or labor union or trade union and
which must be paid to enroll or maintain a child in a health
insurance plan that is available to the obligor through an
employer or labor union or trade union.
(j) "State Disbursement Unit" means the unit established to
collect and disburse support payments in accordance with the

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provisions of Section 10-26 of the Illinois Public Aid Code.
(k) "Title IV-D Agency" means the agency of this State
charged by law with the duty to administer the child support
enforcement program established under Title IV, Part D of the
Social Security Act and Article X of the Illinois Public Aid
Code.
(l) "Title IV-D case" means a case in which an obligee or
obligor is receiving child support enforcement services under
Title IV, Part D of the Social Security Act and Article X of
the Illinois Public Aid Code.
(m) "National Medical Support Notice" means the notice
required for enforcement of orders for support providing for
health insurance coverage of a child under Title IV, Part D of
the Social Security Act, the Employee Retirement Income
Security Act of 1974, and federal regulations promulgated under
those Acts.
(n) "Employer" means a payor or labor union or trade union
with an employee group health insurance plan and, for purposes
of the National Medical Support Notice, also includes but is
not limited to:
(1) any State or local governmental agency with a group
health plan; and
(2) any payor with a group health plan or "church plan"
covered under the Employee Retirement Income Security Act
of 1974.
(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07; 95-685,

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eff. 10-23-07.)
Section 971. The Gestational Surrogacy Act is amended by
changing Section 35 as follows:
(750 ILCS 47/35)
Sec. 35. Establishment of the parent-child relationship.
(a) For purposes of the Illinois Parentage Act of 2012
1984, a parent-child relationship shall be established prior to
the birth of a child born through gestational surrogacy if, in
addition to satisfying the requirements of Articles 2 and 3
Sections 5 and 6 of the Illinois Parentage Act of 2012 1984,
the attorneys representing both the gestational surrogate and
the intended parent or parents certify that the parties entered
into a gestational surrogacy contract intended to satisfy the
requirements of Section 25 of this Act with respect to the
child.
(b) The attorneys' certifications required by subsection
(a) of this Section shall be filed on forms prescribed by the
Illinois Department of Public Health and in a manner consistent
with the requirement of the Illinois Parentage Act of 2012
1984.
(Source: P.A. 93-921, eff. 1-1-05.)
Section 972. The Adoption Act is amended by changing
Sections 1, 8, 12a, and 18.06 as follows:

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(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood or marriage:
parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in

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accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to
relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months next
preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.
(d-1) Substantial neglect, if continuous or repeated,
of any child residing in the household which resulted in
the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
overcome only by clear and convincing evidence, that a
parent is unfit if:
(1) Two or more findings of physical abuse have
been entered regarding any children under Section 2-21
of the Juvenile Court Act of 1987, the most recent of
which was determined by the juvenile court hearing the
matter to be supported by clear and convincing
evidence; or

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(2) The parent has been convicted or found not
guilty by reason of insanity and the conviction or
finding resulted from the death of any child by
physical abuse; or
(3) There is a finding of physical child abuse
resulting from the death of any child under Section
2-21 of the Juvenile Court Act of 1987.
No conviction or finding of delinquency pursuant
to Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (f).
(g) Failure to protect the child from conditions within
his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is depraved
which can be overcome only by clear and convincing
evidence: (1) first degree murder in violation of paragraph

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1 or 2 of subsection (a) of Section 9-1 of the Criminal
Code of 1961 or conviction of second degree murder in
violation of subsection (a) of Section 9-2 of the Criminal
Code of 1961 of a parent of the child to be adopted; (2)
first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961; (3) attempt or
conspiracy to commit first degree murder or second degree
murder of any child in violation of the Criminal Code of
1961; (4) solicitation to commit murder of any child,
solicitation to commit murder of any child for hire, or
solicitation to commit second degree murder of any child in
violation of the Criminal Code of 1961; (5) predatory
criminal sexual assault of a child in violation of Section
11-1.40 or 12-14.1 of the Criminal Code of 1961; (6)
heinous battery of any child in violation of the Criminal
Code of 1961; or (7) aggravated battery of any child in
violation of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of

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either first or second degree murder of any person as
defined in the Criminal Code of 1961 within 10 years of the
filing date of the petition or motion to terminate parental
rights.
No conviction or finding of delinquency pursuant to
Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one year
immediately prior to the commencement of the unfitness
proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant was
not the result of medical treatment administered to the
mother or the newborn infant; and the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under

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subsection (c) of Section 2-3 of the Juvenile Court Act of
1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or (ii) to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court Act
of 1987 or dependent minor under Section 2-4 of that Act,
or (iii) to make reasonable progress toward the return of
the child to the parent during any 9-month period after the
end of the initial 9-month period following the
adjudication of neglected or abused minor under Section 2-3
of the Juvenile Court Act of 1987 or dependent minor under
Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused and
Neglected Child Reporting Act to correct the conditions
that were the basis for the removal of the child from the
parent and if those services were available, then, for
purposes of this Act, "failure to make reasonable progress
toward the return of the child to the parent" includes (I)
the parent's failure to substantially fulfill his or her
obligations under the service plan and correct the

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conditions that brought the child into care within 9 months
after the adjudication under Section 2-3 or 2-4 of the
Juvenile Court Act of 1987 and (II) the parent's failure to
substantially fulfill his or her obligations under the
service plan and correct the conditions that brought the
child into care during any 9-month period after the end of
the initial 9-month period following the adjudication
under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of
item (iii) of this subsection (m), the petitioner shall
file with the court and serve on the parties a pleading
that specifies the 9-month period or periods relied on. The
pleading shall be filed and served on the parties no later
than 3 weeks before the date set by the court for closure
of discovery, and the allegations in the pleading shall be
treated as incorporated into the petition or motion.
Failure of a respondent to file a written denial of the
allegations in the pleading shall not be treated as an
admission that the allegations are true.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date of
this amendatory Act of 1998 unless the child's parent can
prove by a preponderance of the evidence that it is more
likely than not that it will be in the best interests of

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the child to be returned to the parent within 6 months of
the date on which a petition for termination of parental
rights is filed under the Juvenile Court Act of 1987. The
15 month time limit is tolled during any period for which
there is a court finding that the appointed custodian or
guardian failed to make reasonable efforts to reunify the
child with his or her family, provided that (i) the finding
of no reasonable efforts is made within 60 days of the
period when reasonable efforts were not made or (ii) the
parent filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier of:
(i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not
prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as

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manifested by the father's failure, where he and the mother
of the child were unmarried to each other at the time of
the child's birth, (i) to commence legal proceedings to
establish his paternity under the Illinois Parentage Act of
1984, the Illinois Parentage Act of 2012, or the law of the
jurisdiction of the child's birth within 30 days of being
informed, pursuant to Section 12a of this Act, that he is
the father or the likely father of the child or, after
being so informed where the child is not yet born, within
30 days of the child's birth, or (ii) to make a good faith
effort to pay a reasonable amount of the expenses related
to the birth of the child and to provide a reasonable
amount for the financial support of the child, the court to
consider in its determination all relevant circumstances,
including the financial condition of both parents;
provided that the ground for termination provided in this
subparagraph (n)(2)(ii) shall only be available where the
petition is brought by the mother or the husband of the
mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether

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expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not require
a showing of diligent efforts by an authorized agency to
encourage the parent to perform the acts specified in
subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental Health
and Developmental Disabilities Code, or developmental
disability as defined in Section 1-106 of that Code, and
there is sufficient justification to believe that the
inability to discharge parental responsibilities shall

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extend beyond a reasonable time period. However, this
subdivision (p) shall not be construed so as to permit a
licensed clinical social worker to conduct any medical
diagnosis to determine mental illness or mental
impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to
incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,

HB6191 - 225 - LRB097 13524 JLS 69734 b
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of such substances, the presence of which in
the newborn infant was the result of medical treatment
administered to the mother or the newborn infant, and that
the biological mother of this child is the biological
mother of at least one other child who was adjudicated a
neglected minor under subsection (c) of Section 2-3 of the
Juvenile Court Act of 1987, after which the biological
mother had the opportunity to enroll in and participate in
a clinically appropriate substance abuse counseling,
treatment, and rehabilitation program.
E. "Parent" means the father or mother of a lawful child of
the parties or child born out of wedlock. For the purpose of
this Act, a person who has executed a final and irrevocable
consent to adoption or a final and irrevocable surrender for
purposes of adoption, or whose parental rights have been
terminated by a court, is not a parent of the child who was the
subject of the consent or surrender, unless the consent is void
pursuant to subsection O of Section 10.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to an
agency and to whose adoption the agency has thereafter
consented;

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(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural includes
the singular and the "male" includes the "female", as the
context of this Act may require.
H. "Adoption disruption" occurs when an adoptive placement
does not prove successful and it becomes necessary for the
child to be removed from placement before the adoption is
finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States or

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through United States based international agencies.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person of
the Department of Children and Family Services appointed by the
Director to coordinate the provision of services by the public
and private sector to prospective parents of foreign-born
children.
M. "Interstate Compact on the Placement of Children" is a
law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not enacted
the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:

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(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the
Criminal Code of 1961 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial care
recognized under State law as necessary for a child's

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well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for
the child's welfare.
A child shall not be considered neglected or abused for the
sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected
or abused for the sole reason that the child's parent or other
person responsible for the child's welfare failed to vaccinate,
delayed vaccination, or refused vaccination for the child due
to a waiver on religious or medical grounds as permitted by
law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 12 of the Criminal Code of 1961.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to

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become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
revised 9-15-11.)
(750 ILCS 50/8) (from Ch. 40, par. 1510)
Sec. 8. Consents to adoption and surrenders for purposes of
adoption.
(a) Except as hereinafter provided in this Section consents
or surrenders shall be required in all cases, unless the person
whose consent or surrender would otherwise be required shall be
found by the court:
(1) to be an unfit person as defined in Section 1 of
this Act, by clear and convincing evidence; or
(2) not to be the biological or adoptive father of the
child; or
(3) to have waived his parental rights to the child
under Section 12a or 12.1 or subsection S of Section 10 of
this Act; or
(4) to be the parent of an adult sought to be adopted;
or
(5) to be the father of the child as a result of
criminal sexual abuse or assault as defined under Article
12 of the Criminal Code of 1961; or

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(6) to be the father of a child who:
(i) is a family member of the mother of the child,
and the mother is under the age of 18 at the time of
the child's conception; for purposes of this
subsection, a "family member" is a parent,
step-parent, grandparent, step-grandparent, sibling,
or cousin of the first degree, whether by whole blood,
half-blood, or adoption, as well as a person age 18 or
over at the time of the child's conception who has
resided in the household with the mother continuously
for at least one year; or
(ii) is at least 5 years older than the child's
mother, and the mother was under the age of 17 at the
time of the child's conception, unless the mother and
father voluntarily acknowledge the father's paternity
of the child by marrying or by establishing the
father's paternity by consent of the parties pursuant
to the Illinois Parentage Act of 2012 1984 or pursuant
to a substantially similar statute in another state.
A criminal conviction of any offense pursuant to
Article 12 of the Criminal Code of 1961 is not required.
(b) Where consents are required in the case of an adoption
of a minor child, the consents of the following persons shall
be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:

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(i) was married to the mother on the date of
birth of the child or within 300 days before the
birth of the child, except for a husband or former
husband who has been found by a court of competent
jurisdiction not to be the biological father of the
child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an
acknowledgment of parentage or paternity pursuant
to subsection (a) of Section 5 of the Illinois
Parentage Act of 1984 or pursuant to Article 3 of
the Illinois Parentage Act of 2012; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth,
openly lived with the child, the child's
biological mother, or both, and held himself out to
be the child's biological father during the first
30 days following the birth of the child; or
(iv) in the case of a child placed with the
adopting parents less than 6 months after birth,
made a good faith effort to pay a reasonable amount
of the expenses related to the birth of the child
and to provide a reasonable amount for the
financial support of the child before the
expiration of 30 days following the birth of the
child, provided that the court may consider in its

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determination all relevant circumstances,
including the financial condition of both
biological parents; or
(v) in the case of a child placed with the
adopting parents more than 6 months after birth,
has maintained substantial and continuous or
repeated contact with the child as manifested by:
(I) the payment by the father toward the support of
the child of a fair and reasonable sum, according
to the father's means, and either (II) the father's
visiting the child at least monthly when
physically and financially able to do so and not
prevented from doing so by the person or authorized
agency having lawful custody of the child, or (III)
the father's regular communication with the child
or with the person or agency having the care or
custody of the child, when physically and
financially unable to visit the child or prevented
from doing so by the person or authorized agency
having lawful custody of the child. The subjective
intent of the father, whether expressed or
otherwise unsupported by evidence of acts
specified in this sub-paragraph as manifesting
such intent, shall not preclude a determination
that the father failed to maintain substantial and
continuous or repeated contact with the child; or

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(vi) in the case of a child placed with the
adopting parents more than six months after birth,
openly lived with the child for a period of six
months within the one year period immediately
preceding the placement of the child for adoption
and openly held himself out to be the father of the
child; or
(vii) has timely registered with Putative
Father Registry, as provided in Section 12.1 of
this Act, and prior to the expiration of 30 days
from the date of such registration, commenced
legal proceedings to establish paternity under the
Illinois Parentage Act of 1984, under the Illinois
Parentage Act of 2012, or under the law of the
jurisdiction of the child's birth; or
(2) The legal guardian of the person of the child, if
there is no surviving parent; or
(3) An agency, if the child has been surrendered for
adoption to such agency; or
(4) Any person or agency having legal custody of a
child by court order if the parental rights of the parents
have been judicially terminated, and the court having
jurisdiction of the guardianship of the child has
authorized the consent to the adoption; or
(5) The execution and verification of the petition by
any petitioner who is also a parent of the child sought to

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be adopted shall be sufficient evidence of such parent's
consent to the adoption.
(c) Where surrenders to an agency are required in the case
of a placement for adoption of a minor child by an agency, the
surrenders of the following persons shall be sufficient:
(1) (A) The mother of the minor child; and
(B) The father of the minor child, if the father:
(i) was married to the mother on the date of
birth of the child or within 300 days before the
birth of the child, except for a husband or former
husband who has been found by a court of competent
jurisdiction not to be the biological father of the
child; or
(ii) is the father of the child under a
judgment for adoption, an order of parentage, or an
acknowledgment of parentage or paternity pursuant
to subsection (a) of Section 5 of the Illinois
Parentage Act of 1984 or pursuant to Article 3 of
the Illinois Parentage Act of 2012; or
(iii) in the case of a child placed with the
adopting parents less than 6 months after birth,
openly lived with the child, the child's
biological mother, or both, and held himself out to
be the child's biological father during the first
30 days following the birth of a child; or
(iv) in the case of a child placed with the

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adopting parents less than 6 months after birth,
made a good faith effort to pay a reasonable amount
of the expenses related to the birth of the child
and to provide a reasonable amount for the
financial support of the child before the
expiration of 30 days following the birth of the
child, provided that the court may consider in its
determination all relevant circumstances,
including the financial condition of both
biological parents; or
(v) in the case of a child placed with the
adopting parents more than six months after birth,
has maintained substantial and continuous or
repeated contact with the child as manifested by:
(I) the payment by the father toward the support of
the child of a fair and reasonable sum, according
to the father's means, and either (II) the father's
visiting the child at least monthly when
physically and financially able to do so and not
prevented from doing so by the person or authorized
agency having lawful custody of the child or (III)
the father's regular communication with the child
or with the person or agency having the care or
custody of the child, when physically and
financially unable to visit the child or prevented
from doing so by the person or authorized agency

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having lawful custody of the child. The subjective
intent of the father, whether expressed or
otherwise, unsupported by evidence of acts
specified in this sub-paragraph as manifesting
such intent, shall not preclude a determination
that the father failed to maintain substantial and
continuous or repeated contact with the child; or
(vi) in the case of a child placed with the
adopting parents more than six months after birth,
openly lived with the child for a period of six
months within the one year period immediately
preceding the placement of the child for adoption
and openly held himself out to be the father of the
child; or
(vii) has timely registered with the Putative
Father Registry, as provided in Section 12.1 of
this Act, and prior to the expiration of 30 days
from the date of such registration, commenced
legal proceedings to establish paternity under the
Illinois Parentage Act of 1984, under the Illinois
Parentage Act of 2012, or under the law of the
jurisdiction of the child's birth.
(d) In making a determination under subparagraphs (b)(1)
and (c)(1), no showing shall be required of diligent efforts by
a person or agency to encourage the father to perform the acts
specified therein.

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(e) In the case of the adoption of an adult, only the
consent of such adult shall be required.
(Source: P.A. 97-493, eff. 8-22-11.)
(750 ILCS 50/12a) (from Ch. 40, par. 1515)
Sec. 12a. Notice to putative father.
1. Upon the written request to any Clerk of any Circuit
Court, and upon the payment of a filing fee of $10.00, by any
interested party, including persons intending to adopt a child,
a child welfare agency with whom the mother has placed or has
given written notice of her intention to place a child for
adoption, the mother of a child, or any attorney representing
an interested party, a notice, the declaration of paternity and
the disclaimer of paternity may be served on a putative father
in the same manner as Summons is served in other civil
proceedings, or, in lieu of personal service, service may be
made as follows:
(a) The person requesting notice shall pay to the Clerk
of the Court a mailing fee of $2 plus the cost of U. S.
postage for certified or registered mail and furnish to the
Clerk an original and one copy of a notice, the declaration
of paternity and the disclaimer of paternity together with
an Affidavit setting forth the putative father's last known
address. The original notice, the declaration of paternity
and the disclaimer of paternity shall be retained by the
Clerk.

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(b) The Clerk shall forthwith mail to the putative
father, at the address appearing in the Affidavit, the copy
of the notice, the declaration of paternity and the
disclaimer of paternity, by certified mail, return receipt
requested; the envelope and return receipt shall bear the
return address of the Clerk. The receipt for certified mail
shall state the name and address of the addressee, and the
date of mailing, and shall be attached to the original
notice.
(c) The return receipt, when returned to the Clerk,
shall be attached to the original notice, the declaration
of paternity and the disclaimer of paternity, and shall
constitute proof of service.
(d) The Clerk shall note the fact of service in a
permanent record.
2. The notice shall be signed by the Clerk, and may be
served on the putative father at any time after conception, and
shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or
expected to be born on or about (insert date).
The mother of the child is.....
The mother has indicated that she intends to place the
child for adoption.
As the alleged father of the child, you have certain legal
rights with respect to the child, including the right to notice

HB6191 - 240 - LRB097 13524 JLS 69734 b
of the filing of proceedings instituted for the adoption of the
child. If you wish to retain your rights with respect to the
child, you must file with the Clerk of this Circuit Court of
.... County, Illinois, whose address is ...., Illinois, within
30 days after the date of receipt of this notice, the
declaration of paternity enclosed herewith stating that you
are, in fact, the father of the child and that you intend to
retain your legal rights with respect to the child, or request
to be notified of any further proceedings with respect to
custody or adoption of the child.
If you do not file such a declaration of paternity, or a
request for notice, then whatever legal rights you have with
respect to the child, including the right to notice of any
future proceedings for the adoption of the child, may be
terminated without any further notice to you. When your legal
rights with respect to the child are so terminated, you will
not be entitled to notice of any proceeding instituted for the
adoption of the child.
If you are not the father of the child, you may file with
the Clerk of this Court the disclaimer of paternity enclosed
herewith which will be noted in the Clerk's file and you will
receive no further notice with respect to the child."
The declaration of paternity shall be substantially as
follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS

HB6191 - 241 - LRB097 13524 JLS 69734 b
.......... County
)
)
) No. )
)
DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
I, ........., state as follows:
(1) That I am ......... years of age; and I reside at
......... in the County of ........., State of .........
(2) That I have been advised that ........ is the mother of
a ...male child named ........ born or expected to be born on
or about ......... and that such mother has stated that I am
the father of this child.
(3) I declare that I am the father of this child.
(4) I understand that the mother of this child wishes to
consent to the adoption of this child. I do not consent to the
adoption of this child, and I understand that I must return
this initial declaration of parentage form to the Clerk of the
Circuit Court of ....... County, located at ........., within
30 days of receipt of this notice.
(5) I further understand that I am also obligated to
establish my paternity pursuant to the Illinois Parentage Act
of 2012 1984 within 30 days of my receiving this notice or, if
the child is not yet born, within 30 days after the birth of
the child. This proceeding is separate and distinct from the
above mailing of initial declaration of paternity; in this

HB6191 - 242 - LRB097 13524 JLS 69734 b
second notice, I must state that I am, in fact, the father of
said child, and that I intend to retain my legal rights with
respect to said child, and request to be notified of any
further proceedings with respect to custody or adoption of the
child.
(6) I hereby enter my appearance in the above entitled
cause.
OATH
I have been duly sworn and I say under oath that I have
read and understand this Declaration of Paternity With Entry of
Appearance. The facts that it contains are true and correct to
the best of my knowledge, and I understand that by signing this
document I admit my paternity. I have signed this document as
my free and voluntary act.
...........
(signature)
Dated (insert date).
Signed and sworn before me on (insert date).
................
(notary public)".
The disclaimer of paternity shall be substantially as
follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS

HB6191 - 243 - LRB097 13524 JLS 69734 b
.......... County
)
)
) No. )
)
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the mother
of a .....male child named ..... born or expected to be born on
or about ..... and that such mother has stated that I am the
father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies and defenses that I may now or in the future have as a
result of the mother's allegation of the paternity of this
child. This consent is being given in order to facilitate the
adoption of the child and so that the court may terminate what
rights I may have to the child as a result of being named the
father by the mother. This consent is not in any manner an
admission of paternity.
(5) I hereby enter my appearance in the above entitled

HB6191 - 244 - LRB097 13524 JLS 69734 b
cause and waive service of summons and other pleading.
OATH
I have been duly sworn and I say under oath that I have
read and understood this Denial of Paternity With Entry of
Appearance and Consent to Adoption. The facts it contains are
true and correct to the best of my knowledge, and I understand
that by signing this document I have not admitted paternity. I
have signed this document as my free and voluntary act in order
to facilitate the adoption of the child.
...........
(signature)
Dated (insert date).
Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity,
he shall be deemed not to be the father of the child with
respect to any adoption or other proceeding held to terminate
the rights of parents as respects such child.
4. In the event the putative father does not file a
declaration of paternity of the child or request for notice
within 30 days of service of the above notice, he need not be

HB6191 - 245 - LRB097 13524 JLS 69734 b
made a party to or given notice of any proceeding brought for
the adoption of the child. An Order or judgment may be entered
in such proceeding terminating all of his rights with respect
to the child without further notice to him.
5. If the putative father files a declaration of paternity
or a request for notice in accordance with subsection 2, with
respect to the child, he shall be given notice in event any
proceeding is brought for the adoption of the child.
6. The Clerk shall maintain separate numbered files and
records of requests and proofs of service and all other
documents filed pursuant to this article. All such records
shall be impounded.
(Source: P.A. 91-357, eff. 7-29-99.)
(750 ILCS 50/18.06)
Sec. 18.06. Definitions. When used in Sections 18.05
through Section 18.6, for the purposes of the Registry:
"Adopted person" means a person who was adopted pursuant to
the laws in effect at the time of the adoption.
"Adoptive parent" means a person who has become a parent
through the legal process of adoption.
"Adult child" means the biological child 21 years of age or
over of a deceased adopted or surrendered person.
"Adult Adopted or Surrendered Person" means an adopted or
surrendered person 21 years of age or over.
"Agency" means a public child welfare agency or a licensed

HB6191 - 246 - LRB097 13524 JLS 69734 b
child welfare agency.
"Birth aunt" means the adult full or half sister of a
deceased birth parent.
"Birth father" means the biological father of an adopted or
surrendered person who is named on the original certificate of
live birth or on a consent or surrender document, or a
biological father whose paternity has been established by a
judgment or order of the court, pursuant to the Illinois
Parentage Act of 1984 or the Illinois Parentage Act of 2012.
"Birth mother" means the biological mother of an adopted or
surrendered person.
"Birth parent" means a birth mother or birth father of an
adopted or surrendered person.
"Birth Parent Preference Form" means the form prepared by
the Department of Public Health pursuant to Section 18.2
completed by a birth parent registrant and filed with the
Registry that indicates the birth parent's preferences
regarding contact and, if applicable, the release of his or her
identifying information on the non-certified copy of the
original birth certificate released to an adult adopted or
surrendered person or to the surviving adult child or surviving
spouse of a deceased adopted or surrendered person who has
filed a Request for a Non-Certified Copy of an Original Birth
Certificate.
"Birth relative" means a birth mother, birth father, birth
sibling, birth aunt, or birth uncle.

HB6191 - 247 - LRB097 13524 JLS 69734 b
"Birth sibling" means the adult full or half sibling of an
adopted or surrendered person.
"Birth uncle" means the adult full or half brother of a
deceased birth parent.
"Confidential intermediary" means an individual certified
by the Department of Children and Family Services pursuant to
Section 18.3a(e).
"Denial of Information Exchange" means an affidavit
completed by a registrant with the Illinois Adoption Registry
and Medical Information Exchange denying the release of
identifying information which has been filed with the Registry.
"Information Exchange Authorization" means an affidavit
completed by a registrant with the Illinois Adoption Registry
and Medical Information Exchange authorizing the release of
identifying information which has been filed with the Registry.
"Medical Information Exchange Questionnaire" means the
medical history questionnaire completed by a registrant of the
Illinois Adoption Registry and Medical Information Exchange.
"Non-certified Copy of the Original Birth Certificate"
means a non-certified copy of the original certificate of live
birth of an adult adopted or surrendered person who was born in
Illinois.
"Proof of death" means a death certificate.
"Registrant" or "Registered Party" means a birth parent,
birth sibling, birth aunt, birth uncle, adopted or surrendered
person 21 years of age or over, adoptive parent or legal

HB6191 - 248 - LRB097 13524 JLS 69734 b
guardian of an adopted or surrendered person under the age of
21, or adoptive parent, surviving spouse, or adult child of a
deceased adopted or surrendered person who has filed an
Illinois Adoption Registry Application or Registration
Identification Form with the Registry.
"Registry" means the Illinois Adoption Registry and
Medical Information Exchange.
"Request for a Non-Certified Copy of an Original Birth
Certificate" means an affidavit completed by an adult adopted
or surrendered person or by the surviving adult child or
surviving spouse of a deceased adopted or surrendered person
and filed with the Registry requesting a non-certified copy of
an adult adopted or surrendered person's original certificate
of live birth in Illinois.
"Surrendered person" means a person whose parents' rights
have been surrendered or terminated but who has not been
adopted.
"Surviving spouse" means the wife or husband, 21 years of
age or older, of a deceased adopted or surrendered person who
would be 21 years of age or older if still alive and who has one
or more surviving biological children who are under the age of
21.
"18.3 Statement" means a statement regarding the
disclosure of identifying information signed by a birth parent
under Section 18.3 of this Act as it existed immediately prior
to the effective date of this amendatory Act of the 96th

HB6191 - 249 - LRB097 13524 JLS 69734 b
General Assembly.
(Source: P.A. 96-895, eff. 5-21-10; 97-110, eff. 7-14-11.)
Section 973. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 202 and 214 as follows:
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees; dismissal.
(a) How to commence action. Actions for orders of
protection are commenced:
(1) Independently: By filing a petition for an order of
protection in any civil court, unless specific courts are
designated by local rule or order.
(2) In conjunction with another civil proceeding: By
filing a petition for an order of protection under the same
case number as another civil proceeding involving the
parties, including but not limited to: (i) any proceeding
under the Illinois Marriage and Dissolution of Marriage
Act, Illinois Parentage Act of 2012 1984, Nonsupport of
Spouse and Children Act, Revised Uniform Reciprocal
Enforcement of Support Act or an action for nonsupport
brought under Article 10 of the Illinois Public Aid Code,
provided that a petitioner and the respondent are a party
to or the subject of that proceeding or (ii) a guardianship
proceeding under the Probate Act of 1975, or a proceeding
for involuntary commitment under the Mental Health and

HB6191 - 250 - LRB097 13524 JLS 69734 b
Developmental Disabilities Code, or any proceeding, other
than a delinquency petition, under the Juvenile Court Act
of 1987, provided that a petitioner or the respondent is a
party to or the subject of such proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution: By filing a petition for an order of
protection, under the same case number as the delinquency
petition or criminal prosecution, to be granted during
pre-trial release of a defendant, with any dispositional
order issued under Section 5-710 of the Juvenile Court Act
of 1987 or as a condition of release, supervision,
conditional discharge, probation, periodic imprisonment,
parole or mandatory supervised release, or in conjunction
with imprisonment or a bond forfeiture warrant; provided
that:
(i) the violation is alleged in an information,
complaint, indictment or delinquency petition on file,
and the alleged offender and victim are family or
household members or persons protected by this Act; and
(ii) the petition, which is filed by the State's
Attorney, names a victim of the alleged crime as a
petitioner.
(b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for issuing
alias summons; or for any related filing service. No fee shall

HB6191 - 251 - LRB097 13524 JLS 69734 b
be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent action
and, if necessary and appropriate, transferred to a different
court or division. Dismissal of any conjoined case shall not
affect the validity of any previously issued order of
protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and clerical
assistance to help with the writing and filing of a petition
under this Section by any person not represented by counsel. In
addition, that assistance may be provided by the state's

HB6191 - 252 - LRB097 13524 JLS 69734 b
attorney.
(Source: P.A. 93-458, eff. 1-1-04.)
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused, neglected,
or exploited, as defined in this Act, an order of protection
prohibiting the abuse, neglect, or exploitation shall issue;
provided that petitioner must also satisfy the requirements of
one of the following Sections, as appropriate: Section 217 on
emergency orders, Section 218 on interim orders, or Section 219
on plenary orders. Petitioner shall not be denied an order of
protection because petitioner or respondent is a minor. The
court, when determining whether or not to issue an order of
protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of
prior orders of protection shall be in accordance with this
Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim orders,
and Section 219 on plenary orders. The remedies listed in this
subsection shall be in addition to other civil or criminal

HB6191 - 253 - LRB097 13524 JLS 69734 b
remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 1961, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the
Illinois Marriage and Dissolution of Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic

HB6191 - 254 - LRB097 13524 JLS 69734 b
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,

HB6191 - 255 - LRB097 13524 JLS 69734 b
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend

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the same public, private, or non-public elementary,
middle, or high school, the court when issuing an order
of protection and providing relief shall consider the
severity of the act, any continuing physical danger or
emotional distress to the petitioner, the educational
rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a
transfer of the respondent to another school, a change
of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption
that would be caused by a transfer of the respondent to
another school, and any other relevant facts of the
case. The court may order that the respondent not
attend the public, private, or non-public elementary,
middle, or high school attended by the petitioner,
order that the respondent accept a change of placement
or change of program, as determined by the school
district or private or non-public school, or place
restrictions on the respondent's movements within the
school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the
evidence that a transfer, change of placement, or
change of program of the respondent is not available.
The respondent also bears the burden of production with
respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the

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respondent to another school. A transfer, change of
placement, or change of program is not unavailable to
the respondent solely on the ground that the respondent
does not agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain

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actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. The
court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions
or to refrain from taking certain actions to ensure
that the respondent complies with the order. In the
event the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program,
mental health center guidance counselor, agency providing
services to elders, program designed for domestic violence
abusers or any other guidance service the court deems
appropriate. The Court may order the respondent in any
intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner
abuse intervention program for an assessment and to follow
all recommended treatment.
(5) Physical care and possession of the minor child. In
order to protect the minor child from abuse, neglect, or
unwarranted separation from the person who has been the

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minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary legal custody. Award temporary legal
custody to petitioner in accordance with this Section, the
Illinois Marriage and Dissolution of Marriage Act, the
Illinois Parentage Act of 2012 1984, and this State's
Uniform Child-Custody Jurisdiction and Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary legal custody to respondent would not be
in the child's best interest.
(7) Visitation. Determine the visitation rights, if
any, of respondent in any case in which the court awards
physical care or temporary legal custody of a minor child
to petitioner. The court shall restrict or deny

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respondent's visitation with a minor child if the court
finds that respondent has done or is likely to do any of
the following: (i) abuse or endanger the minor child during
visitation; (ii) use the visitation as an opportunity to
abuse or harass petitioner or petitioner's family or
household members; (iii) improperly conceal or detain the
minor child; or (iv) otherwise act in a manner that is not
in the best interests of the minor child. The court shall
not be limited by the standards set forth in Section 607.1
of the Illinois Marriage and Dissolution of Marriage Act.
If the court grants visitation, the order shall specify
dates and times for the visitation to take place or other
specific parameters or conditions that are appropriate. No
order for visitation shall refer merely to the term
"reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving in
a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for visitation, and the parties shall
submit to the court their recommendations for reasonable

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alternative arrangements for visitation. A person may be
approved to supervise visitation only after filing an
affidavit accepting that responsibility and acknowledging
accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner or to permit
any court-ordered interview or examination of the child or
the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the

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standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,

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possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or custody, when the respondent has a
legal obligation to support that person, in accordance with
the Illinois Marriage and Dissolution of Marriage Act,
which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of
income to secure payment. An order for child support may be
granted to a petitioner with lawful physical care or
custody of a child, or an order or agreement for physical
care or custody, prior to entry of an order for legal
custody. Such a support order shall expire upon entry of a
valid order granting legal custody to another, unless
otherwise provided in the custody order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of

HB6191 - 264 - LRB097 13524 JLS 69734 b
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.

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(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency for
safekeeping. The court shall issue a warrant for
seizure of any firearm and Firearm Owner's
Identification Card in the possession of the

HB6191 - 266 - LRB097 13524 JLS 69734 b
respondent, to be kept by the local law enforcement
agency for safekeeping, except as provided in
subsection (b). The period of safekeeping shall be for
the duration of the order of protection. The firearm or
firearms and Firearm Owner's Identification Card shall
be returned to the respondent at the end of the order
of protection.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 1961, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the order of protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over

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to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a minor
child, the order shall deny respondent access to, and
prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of
a family or household member or further abuse, neglect, or
exploitation of a high-risk adult with disabilities or to
effectuate one of the granted remedies, if supported by the
balance of hardships. If the harm to be prevented by the
injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is

HB6191 - 268 - LRB097 13524 JLS 69734 b
necessary that the harm is an irreparable injury.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member of
petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be abused
or neglected or improperly removed from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child or

HB6191 - 269 - LRB097 13524 JLS 69734 b
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order
of protection, the court, as an alternative to or as a
supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall

HB6191 - 270 - LRB097 13524 JLS 69734 b
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2012,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1985, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act, the
Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or territory,
any other Illinois statute, or by any foreign nation
establishing the father and child relationship, any other
proceeding substantially in conformity with the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Pub. L. 104-193), or where both parties appeared in
open court or at an administrative hearing acknowledging
under oath or admitting by affirmation the existence of a
father and child relationship. Absent such an

HB6191 - 271 - LRB097 13524 JLS 69734 b
adjudication, finding, or acknowledgement, no putative
father shall be granted temporary custody of the minor
child, visitation with the minor child, or physical care
and possession of the minor child, nor shall an order of
payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article VII of the Criminal Code of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article VII of the Criminal
Code of 1961;
(4) Petitioner did not act in self-defense or defense
of another;

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(5) Petitioner left the residence or household to avoid
further abuse, neglect, or exploitation by respondent;
(6) Petitioner did not leave the residence or household
to avoid further abuse, neglect, or exploitation by
respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
97-158, eff. 1-1-12; 97-294, eff. 1-1-12; revised 10-4-11.)
Section 974. The Business Corporation Act of 1983 is
amended by changing Section 1.25 as follows:
(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
Sec. 1.25. List of corporations; exchange of information.
(a) The Secretary of State shall publish each year a list
of corporations filing an annual report for the preceding year
in accordance with the provisions of this Act, which report
shall state the name of the corporation and the respective
names and addresses of the president, secretary, and registered
agent thereof and the address of the registered office in this
State of each such corporation. The Secretary of State shall
furnish without charge a copy of such report to each recorder

HB6191 - 273 - LRB097 13524 JLS 69734 b
of this State, and to each member of the General Assembly and
to each State agency or department requesting the same. The
Secretary of State shall, upon receipt of a written request and
a fee as determined by the Secretary, furnish such report to
anyone else.
(b) (1) The Secretary of State shall publish daily a list
of all newly formed corporations, business and not for profit,
chartered by him on that day issued after receipt of the
application. The daily list shall contain the same information
as to each corporation as is provided for the corporation list
published under subsection (a) of this Section. The daily list
may be obtained at the Secretary's office by any person,
newspaper, State department or agency, or local government for
a reasonable charge to be determined by the Secretary.
Inspection of the daily list may be made at the Secretary's
office during normal business hours without charge by any
person, newspaper, State department or agency, or local
government.
(2) The Secretary shall compile the daily list mentioned in
paragraph (1) of subsection (b) of this Section monthly, or
more often at the Secretary's discretion. The compilation shall
be immediately mailed free of charge to all local governments
requesting in writing receipt of such publication, or shall be
automatically mailed by the Secretary without charge to local
governments as determined by the Secretary. The Secretary shall
mail a copy of the compilations free of charge to all State

HB6191 - 274 - LRB097 13524 JLS 69734 b
departments or agencies making a written request. A request for
a compilation of the daily list once made by a local government
or State department or agency need not be renewed. However, the
Secretary may request from time to time whether the local
governments or State departments or agencies desire to continue
receiving the compilation.
(3) The compilations of the daily list mentioned in
paragraph (2) of subsection (b) of this Section shall be mailed
to newspapers, or any other person not included as a recipient
in paragraph (2) of subsection (b) of this Section, upon
receipt of a written application signed by the applicant and
accompanied by the payment of a fee as determined by the
Secretary.
(c) If a domestic or foreign corporation has filed with the
Secretary of State an annual report for the preceding year or
has been newly formed or is otherwise and in any manner
registered with the Secretary of State, the Secretary of State
shall exchange with the Department of Healthcare and Family
Services any information concerning that corporation that may
be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984, or the Illinois Parentage Act of 2012.

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Notwithstanding any provisions in this Act to the contrary,
the Secretary of State shall not be liable to any person for
any disclosure of information to the Department of Healthcare
and Family Services (formerly Illinois Department of Public
Aid) under this subsection or for any other action taken in
good faith to comply with the requirements of this subsection.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 975. The Limited Liability Company Act is amended
by changing Section 50-5 as follows:
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange of
information.
(a) The Secretary of State may publish a list or lists of
limited liability companies and foreign limited liability
companies, as often, in the format, and for the fees as the
Secretary of State may in his or her discretion provide by
rule. The Secretary of State may disseminate information
concerning limited liability companies and foreign limited
liability companies by computer network in the format and for
the fees as may be determined by rule.
(b) Upon written request, any list published under
subsection (a) shall be free to each member of the General
Assembly, to each State agency or department, and to each
recorder in this State. An appropriate fee established by rule

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to cover the cost of producing the list shall be charged to all
others.
(c) If a domestic or foreign limited liability company has
filed with the Secretary of State an annual report for the
preceding year or has been newly formed or is otherwise and in
any manner registered with the Secretary of State, the
Secretary of State shall exchange with the Department of
Healthcare and Family Services any information concerning that
limited liability company that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and Dissolution
of Marriage Act, the Non-Support of Spouse and Children Act,
the Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984, or the
Illinois Parentage Act of 2012.
Notwithstanding any provisions in this Act to the contrary,
the Secretary of State shall not be liable to any person for
any disclosure of information to the Department of Healthcare
and Family Services (formerly Illinois Department of Public
Aid) under this subsection or for any other action taken in
good faith to comply with the requirements of this subsection.
(Source: P.A. 95-331, eff. 8-21-07.)
HB6191 - 277 - LRB097 13524 JLS 69734 b
INDEX
Statutes amended in order of appearance
New Act
750 ILCS 40/Act rep.
750 ILCS 45/Act rep.
20 ILCS 1005/1005-130 was 20 ILCS 1005/43a.14
20 ILCS 2105/2105-15
20 ILCS 2505/2505-65 was 20 ILCS 2505/39b12
55 ILCS 5/3-5036.5
225 ILCS 425/2.04 from Ch. 111, par. 2005.1
305 ILCS 5/10-3.1 from Ch. 23, par. 10-3.1
305 ILCS 5/10-16.7
305 ILCS 5/10-17 from Ch. 23, par. 10-17
305 ILCS 5/10-17.7
305 ILCS 5/10-19 from Ch. 23, par. 10-19
305 ILCS 5/10-25
305 ILCS 5/10-25.5
305 ILCS 5/10-27
305 ILCS 5/12-4.7c
410 ILCS 513/22
410 ILCS 513/30
410 ILCS 535/12
410 ILCS 535/24 from Ch. 111 1/2, par. 73-24
625 ILCS 5/2-109.1
625 ILCS 5/7-703
HB6191 - 278 - LRB097 13524 JLS 69734 b