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91_HB2673
LRB9104515SMdv
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 10-65 as follows:
6 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
7 Sec. 10-65. Licenses.
8 (a) When any licensing is required by law to be preceded
9 by notice and an opportunity for a hearing, the provisions of
10 this Act concerning contested cases shall apply.
11 (b) When a licensee has made timely and sufficient
12 application for the renewal of a license or a new license
13 with reference to any activity of a continuing nature, the
14 existing license shall continue in full force and effect
15 until the final agency decision on the application has been
16 made unless a later date is fixed by order of a reviewing
17 court.
18 (c) An application for the renewal of a license or a new
19 license shall include the applicant's social security number.
20 Each agency shall require the licensee to certify on the
21 application form, under penalty of perjury, that he or she is
22 not more than 30 days delinquent in complying with a child
23 support order. Every application shall state that failure to
24 so certify shall result in disciplinary action, and that
25 making a false statement may subject the licensee to contempt
26 of court. The agency shall notify each applicant or licensee
27 who acknowledges a delinquency or who, contrary to his or her
28 certification, is found to be delinquent or who after
29 receiving notice, fails to comply with a subpoena or warrant
30 relating to a paternity or a child support proceeding, that
31 the agency intends to take disciplinary action. Accordingly,
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1 the agency shall provide written notice of the facts or
2 conduct upon which the agency will rely to support its
3 proposed action and the applicant or licensee shall be given
4 an opportunity for a hearing in accordance with the
5 provisions of the Act concerning contested cases. Any
6 delinquency in complying with a child support order can be
7 remedied by arranging for payment of past due and current
8 support. Any failure to comply with a subpoena or warrant
9 relating to a paternity or child support proceeding can be
10 remedied by complying with the subpoena or warrant. Upon a
11 final finding of delinquency or failure to comply with a
12 subpoena or warrant, the agency shall suspend, revoke, or
13 refuse to issue or renew the license. In cases in which the
14 Department of Public Aid (before the effective date of this
15 amendatory Act of the 91st General Assembly) or the Attorney
16 General (on and after that date) has previously determined
17 that an applicant or a licensee is more than 30 days
18 delinquent in the payment of child support and has
19 subsequently certified the delinquency to the licensing
20 agency, the licensing agency shall refuse to issue or renew
21 or shall revoke or suspend that person's license based solely
22 upon the certification of delinquency made by the Department
23 of Public Aid or the Attorney General. Further process,
24 hearings, or redetermination of the delinquency by the
25 licensing agency shall not be required. The licensing
26 agency may issue or renew a license if the licensee has
27 arranged for payment of past and current child support
28 obligations in a manner satisfactory to the Department of
29 Public Aid (before the effective date of this amendatory Act
30 of the 91st General Assembly) or the Attorney General (on and
31 after that date). The licensing agency may impose
32 conditions, restrictions, or disciplinary action upon that
33 license.
34 (d) Except as provided in subsection (c), no agency
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1 shall revoke, suspend, annul, withdraw, amend materially, or
2 refuse to renew any valid license without first giving
3 written notice to the licensee of the facts or conduct upon
4 which the agency will rely to support its proposed action and
5 an opportunity for a hearing in accordance with the
6 provisions of this Act concerning contested cases. At the
7 hearing, the licensee shall have the right to show compliance
8 with all lawful requirements for the retention, continuation,
9 or renewal of the license. If, however, the agency finds
10 that the public interest, safety, or welfare imperatively
11 requires emergency action, and if the agency incorporates a
12 finding to that effect in its order, summary suspension of a
13 license may be ordered pending proceedings for revocation or
14 other action. Those proceedings shall be promptly instituted
15 and determined.
16 (e) Any application for renewal of a license that
17 contains required and relevant information, data, material,
18 or circumstances that were not contained in an application
19 for the existing license shall be subject to the provisions
20 of subsection (a).
21 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)
22 Section 10. The Intergovernmental Cooperation Act is
23 amended by changing Section 3 as follows:
24 (5 ILCS 220/3) (from Ch. 127, par. 743)
25 Sec. 3. Intergovernmental agreements. Any power or
26 powers, privileges or authority exercised or which may be
27 exercised by a public agency of this State may be exercised
28 and enjoyed jointly with any other public agency of this
29 State and jointly with any public agency of any other state
30 or of the United States to the extent that laws of such other
31 state or of the United States do not prohibit joint exercise
32 or enjoyment. This includes, but is not limited to, (i)
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1 arrangements between the Illinois Student Assistance
2 Commission and agencies in other states which issue
3 professional licenses and (ii) agreements between the
4 Illinois Department of Public Aid (before the effective date
5 of this amendatory Act of the 91st General Assembly) or the
6 Attorney General (on and after that date) and public agencies
7 for the establishment and enforcement of child support orders
8 and for the exchange of information that may be necessary for
9 the enforcement of those child support orders.
10 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)
11 Section 15. The Attorney General Act is amended by
12 adding Sections 7.1 through 7.295 as follows:
13 (15 ILCS 205/7.1 new)
14 Sec. 7.1. Transfer of powers from Department of Public
15 Aid.
16 (a) On the effective date of this amendatory Act of the
17 91st General Assembly, all the rights, powers, and duties
18 vested by law in the Illinois Department of Public Aid or the
19 Department's Child and Spouse Support Unit under Article X of
20 the Illinois Public Aid Code are transferred to the Attorney
21 General. Wherever, in any other Act, there is a reference to
22 the Illinois Department of Public Aid or the Department's
23 Child and Spouse Support Unit or to an officer, employee, or
24 agent of that Department or Unit concerning rights, powers,
25 and duties vested or performed under the authority of Article
26 X of the Illinois Public Aid Code, that reference, beginning
27 on the effective date of this amendatory Act of the 91st
28 General Assembly, means the Attorney General, the Child and
29 Spouse Support Unit established under Section 7.20 of this
30 Act, or an officer, employee, or agent of the Attorney
31 General or the Child and Spouse Support Unit established
32 under Section 7.20.
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1 (b) All books, records, property, pending business, and
2 funds pertaining to the rights, powers, and duties
3 transferred under this Section and in the custody of the
4 Illinois Department of Public Aid or the Department's Child
5 and Spouse Support Unit on the effective date of this
6 amendatory Act of the 91st General Assembly shall be
7 delivered and transferred to the Attorney General on that
8 date.
9 (c) Beginning on the effective date of this amendatory
10 Act of the 91st General Assembly, the rights, powers, and
11 duties transferred by this Section to the Attorney General
12 shall be vested in and shall be exercised by the Attorney
13 General subject to the provisions of this Section through
14 Section 7.295. Each act done in the exercise of those
15 rights, powers, and duties shall have the same legal effect
16 as if done by the Illinois Department of Public Aid or that
17 Department's Child and Spouse Support Unit.
18 (d) Beginning on the effective date of this amendatory
19 Act of the 91st General Assembly, every person and other
20 legal entity shall be subject to the same obligations and
21 duties, and civil and criminal penalties arising from those
22 obligations and duties, and shall have the same rights
23 arising from the exercise of rights, powers, and duties by
24 the Attorney General or an officer, employee, or agent of the
25 Attorney General, as if those rights, powers, and duties have
26 been exercised by the Illinois Department of Public Aid, that
27 Department's Child and Spouse Support Unit, or an officer,
28 employee, or agent of that Department or Unit.
29 (e) Whenever reports or notices are now required to be
30 made or given or papers or documents furnished or served by
31 any person to or upon the Illinois Department of Public Aid
32 or that Department's Child and Spouse Support Unit under
33 Article X of the Illinois Public Aid Code, those reports or
34 notices shall, on and after the effective date of this
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1 amendatory Act of the 91st General Assembly, be made, given,
2 furnished, or served in the same manner to or upon the
3 Attorney General.
4 (f) The provisions of this Section through Section 7.295
5 do not affect any act done, ratified, or cancelled, or any
6 right occurring or established, or any action or proceeding
7 had or commenced in an administrative, civil, or criminal
8 cause before the effective date of this amendatory Act of the
9 91st General Assembly by the Illinois Department of Public
10 Aid or that Department's Child and Spouse Support Unit under
11 Article X of the Illinois Public Aid Code, and those actions
12 or proceedings may be prosecuted and continued by the
13 Attorney General.
14 (g) No by-law, rule, or regulation adopted by the
15 Illinois Department of Public Aid as an exercise of a right,
16 power, or duty that has been transferred to the Attorney
17 General under this Section through Section 7.295 shall be
18 affected by those Sections. On the effective date of this
19 amendatory Act of the 91st General Assembly, those by-laws,
20 rules, and regulations shall become the by-laws, rules, and
21 regulations of the Attorney General.
22 (h) If waivers of any federal law or regulation are
23 necessary to enable the Attorney General to implement any
24 provisions of this amendatory Act of the 91st General
25 Assembly, the Attorney General, promptly after the effective
26 date of this amendatory Act of the 91st General Assembly,
27 shall apply for those waivers, and implementation of those
28 provisions is conditioned on the Attorney General's receipt
29 of those waivers.
30 (i) Personnel employed by the Illinois Department of
31 Public Aid to perform functions that are transferred by this
32 amendatory Act of the 91st General Assembly to the Attorney
33 General shall, upon the effective date of this amendatory Act
34 of the 91st General Assembly, become employees of the Office
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1 of the Attorney General. All transferred employees who are
2 members of collective bargaining units shall retain their
3 seniority, continuous service, salary, and accrued benefits.
4 During the pendency of the existing collective bargaining
5 agreement, the rights provided for under that agreement and
6 memoranda and supplements to that agreement, including, but
7 not limited to, the right of employees in the Child and
8 Spouse Support Unit to positions in other State agencies and
9 the right of employees in other State agencies covered by the
10 agreement to positions in the Child and Spouse Support Unit,
11 shall not be abridged.
12 The Office of the Attorney General shall continue to
13 honor all collective bargaining agreements in effect at the
14 time of the transfer and to recognize all collective
15 bargaining representatives for the employees who perform or
16 will perform functions transferred by this amendatory Act of
17 the 91st General Assembly. For all purposes with respect to
18 the management of the existing agreement and the negotiation
19 and management of any successor agreements, the Attorney
20 General shall be deemed to be the employer of employees who
21 perform or will perform functions transferred by this
22 amendatory Act of the 91st General Assembly; provided that
23 the Illinois Department of Central Management Services shall
24 be a party to any grievance or arbitration proceeding held
25 pursuant to the provisions of the collective bargaining
26 agreement which involves the movement of employees from the
27 Office of the Attorney General to an agency under the
28 jurisdiction of the Governor covered by the agreement.
29 (j) Personnel employed by the Department of Public Aid
30 to perform functions that are not clearly classifiable as
31 being related to the determination and enforcement of support
32 responsibility of relatives under Article X of the Illinois
33 Public Aid Code or who are employed to perform complex
34 functions that are transferred only in part to the Attorney
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1 General under this amendatory Act of the 91st General
2 Assembly shall be assigned to the appropriate Department by
3 the Director of Public Aid and the Attorney General, in
4 consultation with the Director of Central Management
5 Services.
6 (k) The rights of State employees, the State, and its
7 agencies under applicable retirement plans are not affected
8 by this amendatory Act of the 91st General Assembly.
9 (15 ILCS 205/7.5 new)
10 Sec. 7.5. Public policy; persons eligible for services;
11 fees. It is the intent of the Illinois Public Aid Code that
12 the financial aid and social welfare services provided under
13 that Code supplement rather than supplant the primary and
14 continuing obligation of the family unit for self-support to
15 the fullest extent permitted by the resources available to
16 it. This primary and continuing obligation applies whether
17 the family unit of parents and children or of husband and
18 wife remains intact and resides in a common household or
19 whether the unit has been broken by absence of one or more
20 members of the unit. The obligation of the family unit is
21 particularly applicable when a member is in necessitous
22 circumstances and lacks the means of a livelihood compatible
23 with health and well-being.
24 It is the purpose of Sections 7.1 through 7.295 to
25 provide for locating an absent parent or spouse, for
26 determining his financial circumstances, and for enforcing
27 his legal obligation of support, if he is able to furnish
28 support, in whole or in part. The Attorney General shall
29 give priority to establishing, enforcing and collecting the
30 current support obligation, and then to past due support owed
31 to the family unit, except with respect to collections
32 effected through the intercept programs provided for in
33 Sections 7.1 through 7.295.
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1 The child and spouse support services provided under
2 Sections 7.1 through 7.295 shall be furnished dependents of
3 an absent parent or spouse who are applicants for or
4 recipients of financial aid under the Illinois Public Aid
5 Code. It is not, however, a condition of eligibility for
6 financial aid under that Code that there be no responsible
7 relatives who are reasonably able to provide support. Nor,
8 except as provided in Section 4-1.7 of that Code and Section
9 7.50 of this Act, shall the existence of such relatives or
10 their payment of support contributions disqualify a needy
11 person for financial aid.
12 By accepting financial aid under the Illinois Public Aid
13 Code, a spouse or a parent or other person having custody of
14 a child shall be deemed to have made assignment to the State
15 of Illinois (for aid under Articles III, IV, V, and VII of
16 that Code) or to a local governmental unit (for aid under
17 Article VI of that Code) of all rights, title, and interest
18 in any support obligation up to the amount of financial aid
19 provided by that department or local governmental unit. The
20 rights to support assigned to the State of Illinois or local
21 governmental unit shall constitute an obligation owed the
22 State or local governmental unit by the person who is
23 responsible for providing the support, and shall be
24 collectible under all applicable processes.
25 The Attorney General shall also furnish the child and
26 spouse support services established under Sections 7.1
27 through 7.295 in behalf of spouses and dependent children who
28 are not applicants for or recipients of financial aid under
29 the Illinois Public Aid Code in accordance with the
30 requirements of Title IV, Part D of the Social Security Act.
31 The Attorney General may establish a schedule of reasonable
32 fees, to be paid for the services provided and may deduct a
33 collection fee, not to exceed 10% of the amount collected,
34 from such collection. The Attorney General shall cause to be
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1 published and distributed publications reasonably calculated
2 to inform the public that individuals who are not recipients
3 of or applicants for public aid under the Illinois Public Aid
4 Code are eligible for the child and spouse support services
5 under Sections 7.1 through 7.295. Such publications shall
6 set forth an explanation, in plain language, that the child
7 and spouse support services program is independent of any
8 public aid program under the Code and that the receiving of
9 child and spouse support service in no way implies that the
10 person receiving such service is receiving public aid.
11 (15 ILCS 205/7.10 new)
12 Sec. 7.10. Extent of liability. A husband is liable for
13 the support of his wife and a wife for the support of her
14 husband. The parents are severally liable for the support of
15 any child under the age of 18, except that a parent is not
16 liable for a child of any age if the child has married and is
17 not living with the parent or parents. The term "child"
18 includes a child born out of wedlock or legally adopted
19 child.
20 In addition to the primary obligation of support imposed
21 upon responsible relatives, such relatives, if individually
22 or together in any combination they have sufficient income or
23 other resources to support a needy person, in whole or in
24 part, shall be liable for any financial aid extended under
25 the Illinois Public Aid Code to a person for whose support
26 they are responsible, including amounts expended for funeral
27 and burial costs.
28 (15 ILCS 205/7.15 new)
29 Sec. 7.15. Standard for determining ability to support.
30 The Attorney General shall establish a standard by which
31 shall be measured the ability of responsible relatives to
32 provide support, and shall implement the standard by rules
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1 governing its application. The standard and the rules shall
2 take into account the buying and consumption patterns of
3 self-supporting persons of modest income, present or future
4 contingencies having direct bearing on maintenance of the
5 relative's self-support status and fulfillment of his
6 obligations to his immediate family, and any unusual or
7 exceptional circumstances including estrangement or other
8 personal or social factors, that have a bearing on family
9 relationships and the relative's ability to meet his support
10 obligations. The standard shall be recomputed periodically
11 to reflect changes in the cost of living and other pertinent
12 factors.
13 In addition to the standard, the Attorney General may
14 establish guidelines to be used exclusively to measure the
15 ability of responsible relatives to provide support on behalf
16 of applicants for or recipients of financial aid under
17 Article IV of the Illinois Public Aid Code and other persons
18 who are given access to the child and spouse support services
19 of Sections 7.1 through 7.295 of this Act as provided in
20 Section 7.5. In such case, the Attorney General shall base
21 the guidelines upon the applicable provisions of Sections
22 504, 505 and 505.2 of the Illinois Marriage and Dissolution
23 of Marriage Act and shall implement such guidelines by rules
24 governing their application.
25 The term "administration enforcement unit", when used in
26 Sections 7.5 through 7.295, means local governmental units or
27 the Child and Spouse Support Unit established under Section
28 7.20 when exercising the powers designated in Sections 7.1
29 through 7.295. The administrative enforcement unit shall
30 apply the standard or guidelines, rules and procedures
31 provided for by this Section and Sections 7.30 through 7.50
32 in determining the ability of responsible relatives to
33 provide support for applicants for or recipients of financial
34 aid under the Illinois Public Aid Code, except that the
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1 administrative enforcement unit may apply such standard or
2 guidelines, rules and procedures at its discretion with
3 respect to those applicants for or recipients of financial
4 aid under Article IV of that Code and other persons who are
5 given access to the child and spouse support services of
6 Sections 7.1 through 7.295 of this Act as provided by Section
7 7.5.
8 (15 ILCS 205/7.20 new)
9 Sec. 7.20. Child and Spouse Support Unit. The Attorney
10 General shall establish within his or her administrative
11 staff a Child and Spouse Support Unit to search for and
12 locate absent parents and spouses liable for the support of
13 persons resident in this State and to exercise the support
14 enforcement powers and responsibilities assigned the Attorney
15 General by Sections 7.1 through 7.295. The Unit shall
16 cooperate with all law enforcement officials in this State
17 and with the authorities of other states in locating persons
18 responsible for the support of persons resident in other
19 states and shall invite the cooperation of these authorities
20 in the performance of its duties.
21 In addition to other duties assigned the Child and Spouse
22 Support Unit by Sections 7.1 through 7.295, the Unit may
23 refer to units of local government any actions under Sections
24 7.60 and 7.155 for judicial enforcement of the support
25 liability.
26 The Attorney General may enter into agreements with local
27 governmental units or individuals for the collection of
28 moneys owing because of the failure of a parent to make child
29 support payments for any child receiving services under
30 Sections 7.1 through 7.295. Such agreements may be on a
31 contingent fee basis, but such contingent fee shall not
32 exceed 25% of the total amount collected.
33 An attorney who provides representation pursuant to this
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1 Section shall represent the Attorney General exclusively.
2 Regardless of the designation of the plaintiff in an action
3 brought pursuant to this Section, an attorney-client
4 relationship does not exist for purposes of that action
5 between that attorney and (i) an applicant for or recipient
6 of child and spouse support services or (ii) any other party
7 to the action other than the Attorney General. Nothing in
8 this Section shall be construed to modify any power or duty
9 (including a duty to maintain confidentiality) of the Child
10 and Spouse Support Unit or the Attorney General otherwise
11 provided by law.
12 The Attorney General may enter into agreements with local
13 governmental units for the Child and Spouse Support Unit to
14 exercise the investigative and enforcement powers designated
15 in Sections 7.1 through 7.295, including the issuance of
16 administrative orders under Section 7.80, in locating
17 responsible relatives and obtaining support for persons
18 applying for or receiving aid under Article VI of the
19 Illinois Public Aid Code. Payments for defrayment of
20 administrative costs and support payments obtained shall be
21 deposited into the Public Assistance Recoveries Trust Fund.
22 Support payments shall be paid over to the General Assistance
23 Fund of the local governmental unit at such time or times as
24 the agreement may specify.
25 With respect to those cases in which it has support
26 enforcement powers and responsibilities under Sections 7.1
27 through 7.295, the Attorney General may provide by rule for
28 periodic or other review of each administrative and court
29 order for support to determine whether a modification of the
30 order should be sought. The Attorney General shall provide
31 for and conduct such review in accordance with any applicable
32 federal law and regulation.
33 As part of its process for review of orders for support,
34 the Attorney General, through written notice, may require the
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1 responsible relative to disclose his or her Social Security
2 Number and past and present information concerning the
3 relative's address, employment, gross wages, deductions from
4 gross wages, net wages, bonuses, commissions, number of
5 dependent exemptions claimed, individual and dependent health
6 insurance coverage, and any other information necessary to
7 determine the relative's ability to provide support in a case
8 receiving child and spouse support services under Sections
9 7.1 through 7.295.
10 The Attorney General may send a written request for the
11 same information to the relative's employer. The employer
12 shall respond to the request for information within 15 days
13 after the date the employer receives the request. If the
14 employer willfully fails to fully respond within the 15-day
15 period, the employer shall pay a penalty of $100 for each day
16 that the response is not provided to the Attorney General
17 after the 15-day period has expired. The penalty may be
18 collected in a civil action which may be brought against the
19 employer in favor of the Attorney General.
20 A written request for information sent to an employer
21 pursuant to this Section shall consist of (i) a citation of
22 this Section as the statutory authority for the request and
23 for the employer's obligation to provide the requested
24 information, (ii) a returnable form setting forth the
25 employer's name and address and listing the name of the
26 employee with respect to whom information is requested, and
27 (iii) a citation of this Section as the statutory authority
28 authorizing the employer to withhold a fee of up to $20 from
29 the wages or income to be paid to each responsible relative
30 for providing the information to the Attorney General within
31 the 15-day period. If the employer is withholding support
32 payments from the responsible relative's income pursuant to
33 an order for withholding, the employer may withhold the fee
34 provided for in this Section only after withholding support
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1 as required under the order. Any amounts withheld from the
2 responsible relative's income for payment of support and the
3 fee provided for in this Section shall not be in excess of
4 the amounts permitted under the federal Consumer Credit
5 Protection Act.
6 In a case receiving child and spouse support services,
7 the Attorney General may request and obtain information from
8 a particular employer under this Section no more than once in
9 any 12-month period, unless the information is necessary to
10 conduct a review of a court or administrative order for
11 support at the request of the person receiving child and
12 spouse support services.
13 The Attorney General shall establish and maintain an
14 administrative unit to receive and transmit to the Child and
15 Spouse Support Unit information supplied by persons applying
16 for or receiving child and spouse support services under
17 Section 7.5.
18 In addition to its other powers and responsibilities
19 established by Sections 7.1 through 7.295, the Child and
20 Spouse Support Unit shall conduct an annual assessment of
21 each institution's program for institution based paternity
22 establishment under Section 12 of the Vital Records Act.
23 (15 ILCS 205/7.25 new)
24 Sec. 7.25. Parent locator service. The Attorney General
25 through the Child and Spouse Support Unit shall enter into
26 agreements with the Secretary of Health and Human Services or
27 his designee under which the services of the federal Parent
28 Locator Service established by the Social Security Act are
29 made available to this State and the Attorney General for the
30 purpose of locating an absent parent or child when the child
31 has been abducted or otherwise improperly removed or retained
32 from the physical custody of a parent or other person
33 entitled to custody of the child, or in connection with the
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1 making or enforcing of a child custody determination in
2 custody proceedings instituted under the Uniform Child
3 Custody Jurisdiction Act, or otherwise in accordance with
4 law. The Attorney General shall provide general information
5 to the public about the availability and use of the Parent
6 Locator Service in relation to child abduction and custody
7 determination proceedings, shall promptly respond to
8 inquiries made by those parties specified by federal
9 regulations upon receipt of information as to the location of
10 an absent parent or child from the federal Parent Locator
11 Service, and shall maintain accurate records as to the number
12 of such inquiries received and processed by the Attorney
13 General.
14 (15 ILCS 205/7.27 new)
15 Sec. 7.27. Locating support obligor and others;
16 penalties.
17 (a) The Child and Spouse Support Unit may request and
18 receive from employers, labor unions, telephone companies,
19 and utility companies location information concerning
20 putative fathers and noncustodial parents for the purpose of
21 establishing a child's paternity or establishing, enforcing,
22 or modifying a child support obligation. In this Section,
23 "location information" means information about (i) the
24 physical whereabouts of a putative father or noncustodial
25 parent, (ii) the putative father or noncustodial parent's
26 employer, or (iii) the salary, wages, and other compensation
27 paid and the health insurance coverage provided to the
28 putative father or noncustodial parent by the employer of the
29 putative father or noncustodial parent or by a labor union of
30 which the putative father or noncustodial parent is a member.
31 The employer of a putative father or noncustodial parent
32 or the labor union of which the putative father or
33 noncustodial parent is a member shall respond to the request
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1 of the Child and Spouse Support Unit within 15 days after the
2 employer or labor union receives the request. Any employer
3 or labor union that willfully fails to fully respond within
4 the 15-day period shall be subject to a penalty of $100 for
5 each day that the response is not provided to the Attorney
6 General after the 15-day period has expired. The penalty may
7 be collected in a civil action, which may be brought against
8 the employer or labor union in favor of the Attorney General.
9 (b) Pursuant to an administrative subpoena as authorized
10 under Sections 7.1 through 7.295, the Child and Spouse
11 Support Unit may request and receive from utility companies
12 and cable television companies location information
13 concerning individuals who owe or are owed support or against
14 whom or with respect to whom a support obligation is sought.
15 (15 ILCS 205/7.28 new)
16 Sec. 7.28. Obtaining location information.
17 (a) The Attorney General shall enter into agreements
18 with the Department of State Police and the Secretary of
19 State to obtain location information on persons for the
20 purpose of establishing paternity and establishing,
21 modifying, and enforcing child support obligations.
22 (b) Upon request, the Attorney General shall provide
23 information obtained pursuant to this Section to federal
24 agencies and other states' agencies conducting child support
25 enforcement activities under Title IV, Part D of the Social
26 Security Act.
27 (15 ILCS 205/7.30 new)
28 Sec. 7.30. Notification of support obligation. The
29 administrative enforcement unit within the authorized area of
30 its operation shall notify each responsible relative of an
31 applicant or recipient, or responsible relatives of other
32 persons given access to the support services of Sections 7.1
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1 through 7.295, of his legal obligation to support and shall
2 request such information concerning his financial status as
3 may be necessary to determine whether he is financially able
4 to provide such support, in whole or in part. In cases
5 involving a child born out of wedlock, the notification shall
6 include a statement that the responsible relative has been
7 named as the biological father of the child identified in the
8 notification.
9 In the case of applicants, the notification shall be sent
10 as soon as practical after the filing of the application. In
11 the case of recipients, the notice shall be sent at such time
12 as may be established by rule of the Attorney General.
13 The notice shall be accompanied by the forms or
14 questionnaires provided in Section 7.35. It shall inform the
15 relative that he may be liable for reimbursement of any
16 support furnished from public aid funds prior to
17 determination of the relative's financial circumstances, as
18 well as for future support. In the alternative, when support
19 is sought on behalf of applicants for or recipients of
20 financial aid under Article IV of the Illinois Public Aid
21 Code and other persons who are given access to the child and
22 spouse support services of Section 7.1 through 7.295 as
23 provided in Section 7.5, the notice shall inform the relative
24 that the relative may be required to pay support for a period
25 before the date an administrative support order is entered,
26 as well as future support.
27 Neither the mailing nor receipt of such notice shall be
28 deemed a jurisdictional requirement for the subsequent
29 exercise of the investigative procedures undertaken by an
30 administrative enforcement unit or the entry of any order or
31 determination of paternity or support or reimbursement by the
32 administrative enforcement unit; except that notice shall be
33 served by certified mail addressed to the responsible
34 relative at his or her last known address, return receipt
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1 requested, or by any method provided by law for service of
2 summons, in cases where a determination of paternity or
3 support by default is sought on behalf of applicants for or
4 recipients of financial aid under Article IV of the Illinois
5 Public Aid Code and other persons who are given access to the
6 child and spouse support services of Sections 7.1 through
7 7.295 as provided in Section 7.5.
8 (15 ILCS 205/7.35 new)
9 Sec. 7.35. Declarations by responsible relatives;
10 penalty.
11 Information requested of responsible relatives shall be
12 submitted on forms or questionnaires prescribed by the
13 Attorney General or local governmental units, as the case may
14 be, and shall contain a written declaration to be signed by
15 the relative in substantially the following form:
16 "I declare under penalties of perjury that I have
17 examined this form (or questionnaire) and all accompanying
18 statements or documents pertaining to my income, resources,
19 or any other matter having bearing upon my status and ability
20 to provide support, and to the best of my knowledge and
21 belief the information supplied is true, correct, and
22 complete."
23 A person who makes and subscribes a form or questionnaire
24 which contains, as hereinabove provided, a written
25 declaration that it is made under the penalties of perjury,
26 knowing it to be false, incorrect or incomplete, in respect
27 to any material statement or representation bearing upon his
28 status as a responsible relative, or upon his income,
29 resources, or other matter concerning his ability to provide
30 support, shall be subject to the penalties for perjury
31 provided for in Section 32-2 of the Criminal Code of 1961.
32 (15 ILCS 205/7.40 new)
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1 Sec. 7.40. Investigation and determination. The
2 administrative enforcement unit shall review the forms or
3 questionnaires returned by each responsible relative and
4 supplement the information provided therein, where required,
5 by such additional consultations with the responsible
6 relative and such other investigations as may be necessary,
7 including genetic testing if paternity is an issue, and,
8 applying the standard or guidelines and regulations
9 established by the Attorney General, shall determine whether
10 and the extent to which, the responsible relative
11 individually or together in any combination, are reasonably
12 able to provide support. If the child was born out of
13 wedlock and the case is subject to the voluntary
14 acknowledgment of paternity or the administrative
15 determination of paternity under rules established under
16 Section 7.210, the Child and Spouse Support Unit of the
17 Attorney General shall determine the child support obligation
18 under subsection (b) of Section 7.45 upon establishing the
19 child's paternity. If the child's paternity was established
20 by judicial or administrative process in any other state, the
21 Attorney General may use administrative processes contained
22 in Sections 7.1 through 7.295 to establish a child support
23 order.
24 In aid of its investigative authority, the Child and
25 Spouse Support Unit may use the subpoena power as set forth
26 in Sections 7.1 through 7.295.
27 The Attorney General, by rule, may authorize the
28 administrative enforcement units to conduct periodic or other
29 reinvestigations and redeterminations of the financial
30 ability of responsible relatives. Any redeterminations shall
31 have the effect of altering, amending, or modifying previous
32 determinations and administrative orders entered pursuant to
33 Sections 7.45 and 7.80. However, any redetermination which
34 establishes liability for support or reimbursement, or which
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1 modifies the support or reimbursement liability specified in
2 a prior order, shall be subject to the provisions of Section
3 7.90 and the administrative and judicial review procedures
4 herein provided for original orders.
5 (15 ILCS 205/7.45 new)
6 Sec. 7.45. Notice of support due.
7 (a) When an administrative enforcement unit has
8 determined that a responsible relative is financially able to
9 contribute to the support of an applicant or recipient, the
10 responsible relative shall be notified by mailing him a copy
11 of the determination by United States registered or certified
12 mail, advising him of his legal obligation to make support
13 payments for such period or periods of time, definite in
14 duration or indefinite, as the circumstances require. The
15 notice shall direct payment as provided in Section 7.50.
16 Where applicable, the determination and notice may include a
17 demand for reimbursement for emergency aid granted an
18 applicant or recipient during the period between the
19 application and determination of the relative's obligation
20 for support and for aid granted during any subsequent period
21 the responsible relative was financially able to provide
22 support but failed or refused to do so.
23 (b) In the alternative, when support is sought on behalf
24 of applicants for or recipients of financial aid under
25 Article IV of the Illinois Public Aid Code and other persons
26 who are given access to the child and spouse support services
27 of Sections 7.1 through 7.295 as provided in Section 7.5, the
28 administrative enforcement unit shall not be required to send
29 the notice and may enter an administrative order immediately
30 under the provisions of Section 7.80. The order shall be
31 based upon the determination made under the provisions of
32 Section 7.40 or, in instances of default, upon the needs of
33 the persons for whom support is sought. In addition to
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1 requiring payment of future support, the administrative order
2 may require payment of support for a period before the date
3 the order is entered. The amount of support to be paid for
4 the prior period shall be determined under the guidelines
5 established by the Attorney General pursuant to Section 7.15.
6 The order shall direct payment as provided in Section 7.60.
7 (15 ILCS 205/7.50 new)
8 Sec. 7.50. Support payments. The notice to responsible
9 relatives issued pursuant to Section 7.45 shall direct
10 payment (i) to the Attorney General in cases of applicants
11 and recipients under Articles III, IV, V and VII of the
12 Illinois Public Aid Code, (ii) except as provided in Section
13 7.20, to the local governmental unit in the case of
14 applicants and recipients under Article VI of the Illinois
15 Public Aid Code, and (iii) to the Attorney General in cases
16 of non-applicants and non-recipients given access to the
17 child and spouse support services of Sections 7.1 through
18 7.295, as provided by Section 7.5. However, if the support
19 payments by responsible relatives are sufficient to meet
20 needs of a recipient in full, including current and
21 anticipated medical needs, and the Attorney General or the
22 local governmental unit, as the case may be, has reasonable
23 grounds to believe that such needs will continue to be
24 provided in full by the responsible relatives, the relatives
25 may be directed to make subsequent support payments to the
26 needy person or to some person or agency in his behalf and
27 the recipient shall be removed from the public aid rolls. In
28 such instance the recipient also shall be notified by
29 registered or certified mail of the action taken. If a
30 recipient removed from the public aid rolls requests the
31 Attorney General to continue to collect the support payments
32 in his behalf, the Attorney General, at his option, may do so
33 and pay amounts so collected to the person. The Attorney
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1 General may provide for deducting any costs incurred by him
2 in making the collection from the amount of any recovery made
3 and pay only the net amount to the person.
4 Payments under this Section to the Illinois Department of
5 Public Aid or the Attorney General pursuant to the Child
6 Support Enforcement Program established by Title IV-D of the
7 Social Security Act shall be paid into the Child Support
8 Enforcement Trust Fund. All other payments under this Section
9 to the Illinois Department of Public Aid shall be deposited
10 in the Public Assistance Recoveries Trust Fund. Disbursements
11 from these funds shall be as provided in Sections 12-9 and
12 12-10.2 of the Illinois Public Aid Code. Payments received by
13 a local governmental unit shall be deposited in that unit's
14 General Assistance Fund.
15 (15 ILCS 205/7.52 new)
16 Sec. 7.52. Temporary order for child support.
17 Notwithstanding any other law to the contrary, pending the
18 outcome of an administrative determination of parentage, the
19 Attorney General shall issue a temporary order for child
20 support, upon motion by a party and a showing of clear and
21 convincing evidence of paternity based on genetic test
22 results or other evidence. In determining the amount of the
23 temporary child support award, the Attorney General shall use
24 the guidelines and standards set forth in subsection (a) of
25 Section 505 and in Section 505.2 of the Illinois Marriage and
26 Dissolution of Marriage Act.
27 Any new or existing support order entered by the Attorney
28 General under this Section shall be deemed to be a series of
29 judgments against the person obligated to pay support
30 thereunder, each such judgment to be in the amount of each
31 payment or installment of support and each judgment to be
32 deemed entered as of the date the corresponding payment or
33 installment becomes due under the terms of the support order.
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1 Each such judgment shall have the full force, effect, and
2 attributes of any other judgment of this State, including the
3 ability to be enforced. Any such judgment is subject to
4 modification or termination only in accordance with Section
5 510 of the Illinois Marriage and Dissolution of Marriage Act.
6 A lien arises by operation of law against the real and
7 personal property of the noncustodial parent for each
8 installment of overdue support owed by the noncustodial
9 parent.
10 All orders for support entered or modified in a case in
11 which a party is receiving child and spouse support services
12 under Sections 7.1 through 7.295 shall include a provision
13 requiring the non-custodial parent to notify the Attorney
14 General, within 7 days, (i) of the name, address, and
15 telephone number of any new employer of the non-custodial
16 parent, (ii) whether the non-custodial parent has access to
17 health insurance coverage through the employer or other group
18 coverage, and, if so, the policy name and number and the
19 names of persons covered under the policy, and (iii) of any
20 new residential or mailing address or telephone number of the
21 non-custodial parent.
22 In any subsequent action to enforce a support order, upon
23 sufficient showing that diligent effort has been made to
24 ascertain the location of the non-custodial parent, service
25 of process or provision of notice necessary in that action
26 may be made at the last known address of the non-custodial
27 parent, in any manner expressly provided by the Code of Civil
28 Procedure or this Act, which service shall be sufficient for
29 purposes of due process.
30 An order for support shall include a date on which the
31 current support obligation terminates. The termination date
32 shall be no earlier than the date on which the child covered
33 by the order will attain the age of majority or is otherwise
34 emancipated. The order for support shall state that the
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1 termination date does not apply to any arrearage that may
2 remain unpaid on that date. Nothing in this paragraph shall
3 be construed to prevent the Attorney General from modifying
4 the order.
5 (15 ILCS 205/7.55 new)
6 Sec. 7.55. Alternative actions to enforce support. If a
7 responsible relative fails or refuses to furnish support, or
8 contributes less than the amount indicated by the
9 determination, the administrative enforcement unit shall take
10 action to enforce support in accordance with Section 7.60 or
11 Section 7.80.
12 (15 ILCS 205/7.60 new)
13 Sec. 7.60. Court enforcement. Except where the Attorney
14 General, by agreement, acts for the local governmental unit,
15 as provided in Section 7.20, local governmental units shall
16 refer to the State's Attorney or to the proper legal
17 representative of the governmental unit, for judicial
18 enforcement as herein provided, instances of non-support or
19 insufficient support when the dependents are applicants or
20 recipients under Article VI of the Illinois Public Aid Code.
21 The Child and Spouse Support Unit established by Section 7.20
22 may institute in behalf of the Illinois Department of Public
23 Aid any actions under this Section for judicial enforcement
24 of the support liability when the dependents are applicants
25 or recipients under Articles III, IV, V or VII of the
26 Illinois Public Aid Code. The Unit may institute in behalf of
27 the Attorney General any actions under this Section for
28 judicial enforcement of the support liability when the
29 dependents are applicants or recipients in a local
30 governmental unit when the Attorney General, by agreement,
31 acts for the unit. The Unit may institute in behalf of the
32 dependents any actions under this Section for judicial
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1 enforcement of the support liability when the dependents are
2 non-applicants or non-recipients who are receiving support
3 enforcement services under Sections 7.1 through 7.295, as
4 provided in Section 7.5. Where the Child and Spouse Support
5 Unit has exercised its option and discretion not to apply the
6 provisions of Sections 7.15 through 7.50, the failure by the
7 Unit to apply such provisions shall not be a bar to bringing
8 an action under this Section.
9 Action shall be brought in the circuit court to obtain
10 support, or for the recovery of aid granted during the period
11 such support was not provided, or both for the obtainment of
12 support and the recovery of the aid provided. Actions for
13 the recovery of aid may be taken separately or they may be
14 consolidated with actions to obtain support. Such actions
15 may be brought in the name of the person or persons requiring
16 support, or may be brought in the name of the Illinois
17 Department of Public Aid or the local governmental unit, as
18 the case requires, in behalf of such persons.
19 The court may enter such orders for the payment of moneys
20 for the support of the person as may be just and equitable
21 and may direct payment thereof for such period or periods of
22 time as the circumstances require, including support for a
23 period before the date the order for support is entered. The
24 order may be entered against any or all of the defendant
25 responsible relatives and may be based upon the proportionate
26 ability of each to contribute to the person's support.
27 The Court shall determine the amount of child support
28 (including child support for a period before the date the
29 order for support is entered) by using the guidelines and
30 standards set forth in subsection (a) of Section 505 and in
31 Section 505.2 of the Illinois Marriage and Dissolution of
32 Marriage Act. For purposes of determining the amount of
33 child support to be paid for a period before the date the
34 order for child support is entered, there is a rebuttable
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1 presumption that the responsible relative's net income for
2 that period was the same as his or her net income at the time
3 the order is entered.
4 The Court shall determine the amount of maintenance using
5 the standards set forth in Section 504 of the Illinois
6 Marriage and Dissolution of Marriage Act.
7 Any new or existing support order entered by the court
8 under this Section shall be deemed to be a series of
9 judgments against the person obligated to pay support
10 thereunder, each such judgment to be in the amount of each
11 payment or installment of support and each such judgment to
12 be deemed entered as of the date the corresponding payment or
13 installment becomes due under the terms of the support order.
14 Each such judgment shall have the full force, effect and
15 attributes of any other judgment of this State, including the
16 ability to be enforced. Any such judgment is subject to
17 modification or termination only in accordance with Section
18 510 of the Illinois Marriage and Dissolution of Marriage Act.
19 A lien arises by operation of law against the real and
20 personal property of the noncustodial parent for each
21 installment of overdue support owed by the noncustodial
22 parent.
23 When an order is entered for the support of a minor, the
24 court may provide therein for reasonable visitation of the
25 minor by the person or persons who provided support pursuant
26 to the order. Whoever willfully refuses to comply with such
27 visitation order or willfully interferes with its enforcement
28 may be declared in contempt of court and punished therefor.
29 Except where the local governmental unit has entered into
30 an agreement with the Attorney General for the Child and
31 Spouse Support Unit to act for it, as provided in Section
32 7.20, support orders entered by the court in cases involving
33 applicants or recipients under Article VI of the Illinois
34 Public Aid Code shall provide that payments thereunder be
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1 made directly to the local governmental unit. Orders for the
2 support of all other applicants or recipients under that Code
3 shall provide that payments thereunder be made directly to
4 the Attorney General. In accordance with federal law and
5 regulations, the Attorney General may continue to collect
6 current maintenance payments or child support payments, or
7 both, after those persons cease to receive public assistance
8 and until termination of services under Sections 7.1 through
9 7.295. The Attorney General shall pay the net amount
10 collected to those persons after deducting any costs incurred
11 in making the collection or any collection fee from the
12 amount of any recovery made. In both cases the order shall
13 permit the local governmental unit or the Attorney General,
14 as the case may be, to direct the responsible relative or
15 relatives to make support payments directly to the needy
16 person, or to some person or agency in his behalf, upon
17 removal of the person from the public aid rolls or upon
18 termination of services under Sections 7.1 through 7.295.
19 If the notice of support due issued pursuant to Section
20 7.45 directs that support payments be made directly to the
21 needy person, or to some person or agency in his behalf, and
22 the recipient is removed from the public aid rolls, court
23 action may be taken against the responsible relative
24 hereunder if he fails to furnish support in accordance with
25 the terms of such notice.
26 Actions may also be brought under this Section in behalf
27 of any person who is in need of support from responsible
28 relatives, as defined in Section 2-11 of the Illinois Public
29 Aid Code who is not an applicant for or recipient of
30 financial aid under that Code. In such instances, the
31 State's Attorney of the county in which such person resides
32 shall bring action against the responsible relatives
33 hereunder. If the Attorney General, as authorized by Section
34 7.5, extends the support services provided by this Article to
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1 spouses and dependent children who are not applicants or
2 recipients under the Illinois Public Aid Code, the Child and
3 Spouse Support Unit established by Section 7.20 shall bring
4 action against the responsible relatives hereunder and any
5 support orders entered by the court in such cases shall
6 provide that payments thereunder be made directly to the
7 Attorney General.
8 Whenever it is determined in a proceeding to establish or
9 enforce a child support or maintenance obligation that the
10 person owing a duty of support is unemployed, the court may
11 order the person to seek employment and report periodically
12 to the court with a diary, listing or other memorandum of his
13 or her efforts in accordance with such order. Additionally,
14 the court may order the unemployed person to report to the
15 Department of Employment Security for job search services or
16 to make application with the local Jobs Training Partnership
17 Act provider for participation in job search, training or
18 work programs and where the duty of support is owed to a
19 child receiving support services under Sections 7.1 through
20 7.295, the court may order the unemployed person to report to
21 the Department of Human Services for participation in job
22 search, training or work programs established under Section
23 9-6 and Article IXA of the Illinois Public Aid Code.
24 Whenever it is determined that a person owes past-due
25 support for a child receiving assistance under the Illinois
26 Public Aid Code, the court shall order at the request of the
27 Attorney General:
28 (1) that the person pay the past-due support in
29 accordance with a plan approved by the court; or
30 (2) if the person owing past-due support is
31 unemployed, is subject to such a plan, and is not
32 incapacitated, that the person participate in such job
33 search, training, or work programs established under
34 Section 9-6 and Article IXA of the Illinois Public Aid
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1 Code as the court deems appropriate.
2 A determination under this Section shall not be
3 administratively reviewable by the procedures specified in
4 Sections 7.90 and 7.95 through 7.145. Any determination under
5 those Sections, if made the basis of court action under this
6 Section, shall not affect the de novo judicial determination
7 required under this Section.
8 All orders for support, when entered or modified, shall
9 include a provision requiring the non-custodial parent to
10 notify the court and, in cases in which a party is receiving
11 child and spouse support services under Sections 7.1 through
12 7.295, the Attorney General, within 7 days, (i) of the name,
13 address, and telephone number of any new employer of the
14 non-custodial parent, (ii) whether the non-custodial parent
15 has access to health insurance coverage through the employer
16 or other group coverage and, if so, the policy name and
17 number and the names of persons covered under the policy, and
18 (iii) of any new residential or mailing address or telephone
19 number of the non-custodial parent. In any subsequent action
20 to enforce a support order, upon a sufficient showing that a
21 diligent effort has been made to ascertain the location of
22 the non-custodial parent, service of process or provision of
23 notice necessary in the case may be made at the last known
24 address of the non-custodial parent in any manner expressly
25 provided by the Code of Civil Procedure or Sections 7.1
26 through 7.295, which service shall be sufficient for purposes
27 of due process.
28 An order for support shall include a date on which the
29 current support obligation terminates. The termination date
30 shall be no earlier than the date on which the child covered
31 by the order will attain the age of majority or is otherwise
32 emancipated. The order for support shall state that the
33 termination date does not apply to any arrearage that may
34 remain unpaid on that date. Nothing in this paragraph shall
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1 be construed to prevent the court from modifying the order.
2 Upon notification in writing or by electronic
3 transmission from the Attorney General to the clerk of the
4 court that a person who is receiving support payments under
5 this Section is receiving services under the Child Support
6 Enforcement Program established by Title IV-D of the Social
7 Security Act, any support payments subsequently received by
8 the clerk of the court shall be transmitted in accordance
9 with the instructions of the Attorney General until the
10 Attorney General gives notice to the clerk of the court to
11 cease the transmittal. After providing the notification
12 authorized under this paragraph, the Attorney General shall
13 be entitled as a party to notice of any further proceedings
14 in the case. The clerk of the court shall file a copy of the
15 Attorney General's notification in the court file. The
16 clerk's failure to file a copy of the notification in the
17 court file shall not, however, affect the Attorney General's
18 right to receive notice of further proceedings.
19 Payments under this Section to the Illinois Department of
20 Public Aid or the Attorney General pursuant to the Child
21 Support Enforcement Program established by Title IV-D of the
22 Social Security Act shall be paid into the Child Support
23 Enforcement Trust Fund. All other payments under this Section
24 to the Illinois Department of Public Aid shall be deposited
25 in the Public Assistance Recoveries Trust Fund. Disbursements
26 from these funds shall be as provided in Sections 12-9 and
27 12-10.2 of the Illinois Public Aid Code. Payments received
28 by a local governmental unit shall be deposited in that
29 unit's General Assistance Fund.
30 (15 ILCS 205/7.65 new)
31 Sec. 7.65. Collection fee. In all cases instituted by
32 the Attorney General on behalf of a child or spouse, other
33 than one receiving a grant of financial aid under Article IV
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1 of the Illinois Public Aid Code, on whose behalf an
2 application has been made and approved for support services
3 as provided by Section 7.5, the court shall impose a
4 collection fee on the individual who owes a child or spouse
5 support obligation in an amount equal to 10% of the amount so
6 owed as long as such collection is required by federal law,
7 which fee shall be in addition to the support obligation.
8 The imposition of such fee shall be in accordance with
9 provisions of Title IV, Part D, of the Social Security Act
10 and regulations duly promulgated thereunder. The fee shall
11 be payable to the clerk of the circuit court for transmittal
12 to the Attorney General and shall continue until support
13 services are terminated by the Attorney General.
14 (15 ILCS 205/7.70 new)
15 Sec. 7.70. Notice to circuit clerk of payment received.
16 For those cases in which support is payable to the clerk of
17 the circuit court for transmittal to the Attorney General or
18 the Illinois Department of Public Aid by order of court, and
19 the Attorney General collects support by assignment, offset,
20 withholding, deduction or other process permitted by law, the
21 Attorney General shall notify the clerk of the date and
22 amount of such collection. Upon notification, the clerk shall
23 record the collection on the payment record for the case.
24 (15 ILCS 205/7.75 new)
25 Sec. 7.75. Transmittal of payments by circuit clerk.
26 For those cases in which child support is payable to the
27 clerk of the circuit court for transmittal to the Attorney
28 General or the Illinois Department of Public Aid by order of
29 court, the clerk shall transmit all such payments, within 4
30 working days of receipt, to ensure that funds are available
31 for immediate distribution by the Attorney General or the
32 Department to the person or entity entitled thereto in
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1 accordance with standards of the Child Support Enforcement
2 Program established under Title IV-D of the Social Security
3 Act. The clerk shall notify the Attorney General or the
4 Department of the date of receipt and amount thereof at the
5 time of transmittal. Where the clerk has entered into an
6 agreement of cooperation with the Illinois Department of
7 Public Aid or the Attorney General to record the terms of
8 child support orders and payments made thereunder directly
9 into the IV-D Agency's automated data processing system, the
10 clerk shall account for, transmit and otherwise distribute
11 child support payments in accordance with such agreement in
12 lieu of the requirements contained herein.
13 (15 ILCS 205/7.80 new)
14 Sec. 7.80. Administrative orders. In lieu of actions for
15 court enforcement of support under Section 7.60, the Child
16 and Spouse Support Unit of the Attorney General, in
17 accordance with the rules of the Attorney General, may issue
18 an administrative order requiring the responsible relative to
19 comply with the terms of the determination and notice of
20 support due, determined and issued under Sections 7.40 and
21 7.45. The Unit may also enter an administrative order under
22 subsection (b) of Section 7.45. The administrative order
23 shall be served upon the responsible relative by United
24 States registered or certified mail. In cases in which the
25 responsible relative appeared at the office of the Child and
26 Spouse Support Unit in response to the notice of support
27 obligation issued under Section 7.30, however, or in cases of
28 default in which the notice was served on the responsible
29 relative by certified mail, return receipt requested, or by a
30 private person as authorized under Section 7.30, or by any
31 method provided by law for service of summons, the
32 administrative determination of paternity or administrative
33 support order may be sent to the responsible relative by
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1 ordinary mail addressed to the responsible relative's last
2 known address.
3 If a responsible relative or a person receiving child and
4 spouse support services under Sections 7.1 through 7.295
5 fails to petition the Attorney General for release from or
6 modification of the administrative order, as provided in
7 Section 7.90 or Section 7.97, the order shall become final
8 and there shall be no further administrative or judicial
9 remedy. Likewise a decision by the Attorney General as a
10 result of an administrative hearing, as provided in Sections
11 7.95 through 7.145, shall become final and enforceable if not
12 judicially reviewed under the Administrative Review Law, as
13 provided in Section 7.150.
14 Any new or existing support order entered by the Attorney
15 General under this Section shall be deemed to be a series of
16 judgments against the person obligated to pay support
17 thereunder, each such judgment to be in the amount of each
18 payment or installment of support and each such judgment to
19 be deemed entered as of the date the corresponding payment or
20 installment becomes due under the terms of the support order.
21 Each such judgment shall have the full force, effect and
22 attributes of any other judgment of this State, including the
23 ability to be enforced. Any such judgment is subject to
24 modification or termination only in accordance with Section
25 510 of the Illinois Marriage and Dissolution of Marriage Act.
26 A lien arises by operation of law against the real and
27 personal property of the noncustodial parent for each
28 installment of overdue support owed by the noncustodial
29 parent.
30 (15 ILCS 205/7.85 new)
31 Sec. 7.85. Unemployed responsible relatives.
32 (a) Whenever it is determined in a proceeding under
33 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
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1 relative is unemployed, and support is sought on behalf of
2 applicants for or recipients of financial aid under Article
3 IV of the Illinois Public Aid Code or other persons who are
4 given access to the child and spouse support services of that
5 Article as provided in Section 7.5 of this Act, the
6 administrative enforcement unit may order the responsible
7 relative to report to the Department of Human Services for
8 participation in job search, training or work programs
9 established under Section 9-6 and Article IXA of the Illinois
10 Public Aid Code or to the Illinois Department of Employment
11 Security for job search services or to make application with
12 the local Jobs Training Partnership Act provider for
13 participation in job search, training or work programs.
14 (b) Whenever it is determined that a responsible
15 relative owes past-due support for a child under an
16 administrative support order entered under subsection (b) of
17 Section 7.45 or under Section 7.80 or 7.180 and the child is
18 receiving assistance under the Illinois Public Aid Code, the
19 administrative enforcement unit shall order the following:
20 (1) that the responsible relative pay the past-due
21 support in accordance with a plan approved by the
22 administrative enforcement unit; or
23 (2) if the responsible relative owing past-due
24 support is unemployed, is subject to such a plan, and is
25 not incapacitated, that the responsible relative
26 participate in job search, training, or work programs
27 established under Section 9-6 and Article IXA of the
28 Illinois Public Aid Code.
29 (15 ILCS 205/7.90 new)
30 Sec. 7.90. Petition by responsible relative for release
31 from or modification of administrative support order or
32 administrative determination of paternity.
33 (a) Any responsible relative aggrieved by an
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1 administrative order entered under Section 7.80 or 7.85 or an
2 administrative determination of paternity entered under
3 Section 7.210 who has been duly notified of such order or
4 determination, may within 30 days from the date of mailing of
5 such order or determination, petition the Attorney General
6 for a release from or modification of the order or
7 determination. The day immediately subsequent to the mailing
8 of the order or determination shall be considered as the
9 first day, and the day such petition is received by the
10 Attorney General shall be considered as the last day in
11 computing the 30 day appeal period.
12 The Attorney General shall, upon receipt of a petition
13 within the 30 day appeal period, provide for a hearing to be
14 held thereon.
15 (b) Notwithstanding the 30-day appeal period set forth
16 in subsection (a), a man against whom a default
17 administrative determination of paternity has been entered
18 may have the determination vacated if, within 30 days after
19 being served with the determination, he appears in person at
20 the office to which he was given notice to appear for an
21 interview and files a written request for relief from the
22 determination. The Attorney General shall then proceed with
23 the establishment of paternity. A man may obtain relief
24 under this subsection from an administrative determination
25 of paternity only once in any proceeding to establish
26 paternity.
27 (15 ILCS 205/7.95 new)
28 Sec. 7.95. Hearing on petition. The Attorney General, or
29 any officer or employee thereof designated in writing by the
30 Attorney General, shall conduct hearings and investigations
31 in connection with petitions filed pursuant to Section 7.90
32 or Section 7.97. Responsible relatives and persons receiving
33 child and spouse support services under Sections 7.1 through
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1 7.295 shall be entitled to appear in person, to be
2 represented by counsel at the hearing and to present all
3 relevant matter in support of their petitions. The provisions
4 of Sections 7.100 through 7.145 shall govern the hearing.
5 The hearing shall be de novo and the Attorney General's
6 determination of liability or non-liability shall be
7 independent of the determination of the administrative
8 enforcement unit.
9 (15 ILCS 205/7.97 new)
10 Sec. 7.97. Petition by person receiving child and spouse
11 support services for release from or modification of
12 administrative support order or administrative determination
13 of paternity. Any person receiving child and spouse support
14 services under Sections 7.1 through 7.295 who is aggrieved by
15 an administrative order entered under Section 7.80 or 7.85 or
16 an administrative determination of paternity entered under
17 Section 7.210 who has been duly notified of the order or
18 determination may, within 30 days after the date of mailing
19 of the order or determination, petition the Attorney General
20 for release from or modification of the order or
21 determination. The day immediately subsequent to the mailing
22 of the order or determination shall be considered as the
23 first day and the day the petition is received by the
24 Attorney General shall be considered as the last day in
25 computing the 30-day appeal period. Upon receiving a petition
26 within the 30-day appeal period, the Attorney General shall
27 provide for a hearing to be held on the petition.
28 (15 ILCS 205/7.100 new)
29 Sec. 7.100. Examination of records. The Attorney
30 General, or any properly designated officer or employee
31 thereof, may examine any books, papers, records or memoranda
32 bearing upon the determination of ability to support and the
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1 order for support and upon any matter pertinent to the
2 relative's petition and may compel the attendance and
3 testimony of any person or persons, including the petitioning
4 responsible relative, having knowledge of matters germane to
5 the determination order, or the petition.
6 (15 ILCS 205/7.105 new)
7 Sec. 7.105. Hearings not subject to technical rules of
8 evidence or procedure. In the conduct of any hearing or
9 investigation, neither the Attorney General nor a person duly
10 authorized to conduct such hearing or investigation, shall be
11 bound by the technical rules of evidence, common law or
12 statutory, or by technical or formal rules of procedure, but
13 shall conduct the hearing or make the investigation in such
14 manner as seems best calculated to conform to substantial
15 justice and the spirit of the Illinois Public Aid Code and
16 Sections 7.1 through 7.295 of this Act. No informality in any
17 proceedings, or in the manner of taking testimony, shall
18 invalidate any order or decision made by the Attorney General
19 pursuant to such hearing or investigation.
20 (15 ILCS 205/7.110 new)
21 Sec. 7.110. Authority to administer oaths. The Attorney
22 General, or any person duly authorized to conduct such
23 hearing or investigation, shall have power to administer
24 oaths. Every person who, having taken an oath or made
25 affirmation before the Attorney General, or any duly
26 authorized officer or employee thereof, shall wilfully swear
27 or affirm falsely, shall be guilty of perjury, and upon
28 conviction shall be punished accordingly.
29 (15 ILCS 205/7.115 new)
30 Sec. 7.115. Proof of records. The books, papers, records
31 and memoranda of the Illinois Department of Public Aid, the
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1 Illinois Department of Human Services, and the Attorney
2 General or of the administrative enforcement unit, or parts
3 thereof, may be proved in any hearing, investigation, or
4 legal proceeding by a photostatic or other copy thereof under
5 the certificate of their respective Directors, and the
6 Attorney General or their designees. Such certified copy
7 shall, without further proof, be admitted into evidence in
8 the hearing before the Attorney General or in any other legal
9 proceeding.
10 (15 ILCS 205/7.120 new)
11 Sec. 7.120. Proof of necessitous circumstances. Proof in
12 any hearing before the Attorney General that a person is an
13 applicant for or recipient of assistance under the Illinois
14 Public Aid Code shall be prima facie proof that he is a
15 "person who is in necessitous circumstances by reason of
16 infirmity, unemployment, or other cause depriving him of the
17 means of a livelihood compatible with health and well-being",
18 within the meaning of the Illinois Public Aid Code.
19 (15 ILCS 205/7.125 new)
20 Sec. 7.125. Subpoenas.
21 (a) The Attorney General, or any officer or employee
22 thereof designated in writing by the Attorney General, shall
23 at his own instance, or on the written request of any other
24 party to the proceeding, issue subpoenas requiring the
25 attendance of and the giving of testimony by witnesses, and
26 subpoenas duces tecum requiring the production of books,
27 papers, records or memoranda. The subpoenas and subpoenas
28 duces tecum may be served by any person of full age. Any
29 subpoena may be served in the same manner as a subpoena
30 issued out of a circuit court, and may also be served by
31 United States registered or certified mail, addressed to the
32 person concerned at his last known address, and proof of such
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1 mailing shall be sufficient for the purposes of Sections 7.1
2 through 7.295.
3 (b) Subpoenas duces tecum issued in other states shall
4 be afforded full faith and credit in this State. Every such
5 subpoena shall have the full force, effect, and attributes
6 of a subpoena issued in this State, including the ability to
7 be enforced.
8 (15 ILCS 205/7.130 new)
9 Sec. 7.130. Witness fees. The fees of witnesses for
10 attendance and travel shall be the same as the fees of
11 witnesses before the circuit court of this State; such fees
12 to be paid when the witness is excused from further
13 attendance. When the witness is subpoenaed at the instance of
14 the Attorney General or any employee thereof, the fees shall
15 be paid in the same manner as other expenses of the Attorney
16 General. If the witness is subpoenaed at the instance of any
17 other party to the proceeding, the Attorney General may
18 require that the cost of service of the subpoena or subpoena
19 duces tecum and the fee of the witness be borne by the party
20 at whose instance the witness is summoned. In such case, the
21 Attorney General may require a deposit to cover the cost of
22 such service and witness fees.
23 (15 ILCS 205/7.135 new)
24 Sec. 7.135. Compelling attendance of witness and
25 production of records. The circuit court, of the county
26 wherein the investigation or administrative hearing is held,
27 upon the application of the Attorney General or any duly
28 authorized officer or employee thereof, or upon the
29 application of any other party to the proceeding, may, in its
30 discretion, compel the attendance of witnesses, the
31 production of books, papers, records or memorandum and the
32 giving of testimony before the Attorney General or any duly
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1 authorized officer or employee thereof conducting an
2 investigation or holding a hearing authorized by Sections 7.1
3 through 7.295, by an attachment for contempt, or otherwise,
4 in the same manner as production of evidence may be compelled
5 before the court.
6 (15 ILCS 205/7.140 new)
7 Sec. 7.140. Penalty for non-compliance with subpoena.
8 Any person who is served with a subpoena or subpoena duces
9 tecum, issued by the Attorney General or any duly authorized
10 officer or employee thereof, to appear and testify or to
11 produce books and papers, in the course of an investigation
12 or hearing authorized by law, and who refuses or neglects to
13 appear, or to testify, or to produce books and papers
14 relevant to such investigation or hearing, as commanded in
15 such subpoena, shall be guilty of a Class B misdemeanor.
16 (15 ILCS 205/7.145 new)
17 Sec. 7.145. Depositions. The Attorney General or any
18 duly authorized officer or employee thereof, or any other
19 party in an investigation or hearing before the Attorney
20 General, may cause the depositions of witnesses within or
21 without the State to be taken in the manner prescribed by law
22 for like depositions in civil actions in courts of this
23 State, and to that end compel the attendance of witnesses and
24 the production of books, papers, records or memoranda.
25 (15 ILCS 205/7.150 new)
26 Sec. 7.150. Review of Attorney General decision on
27 petition for hearing. Any responsible relative or person
28 receiving child and spouse support services under Sections
29 7.1 through 7.295 affected by a final administrative decision
30 of the Attorney General in a hearing, conducted pursuant to
31 Sections 7.95 through 7.145 in which such relative or person
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1 receiving services was a party, may have the decision
2 reviewed only under and in accordance with the Administrative
3 Review Law. The provisions of the Administrative Review Law,
4 and the rules adopted pursuant thereto, shall apply to and
5 govern all proceedings for the judicial review of such final
6 administrative decisions of the Attorney General. The term
7 "administrative decision" is defined as in Section 3-101 of
8 the Code of Civil Procedure.
9 Appeals from all final orders and judgments entered by a
10 court upon review of the Attorney General's order in any case
11 may be taken by either party to the proceeding and shall be
12 governed by the rules applicable to appeals in civil cases.
13 The remedy herein provided for appeal shall be exclusive,
14 and no court shall have jurisdiction to review the subject
15 matter of any order made by the Attorney General except as
16 herein provided.
17 (15 ILCS 205/7.152 new)
18 Sec. 7.152. Relief from administrative orders.
19 Notwithstanding the 30-day appeal period provided in Sections
20 7.90 and 7.97 and the limitation on review of final
21 administrative decisions contained in Section 7.150, a
22 responsible relative or a person receiving child and spouse
23 support services under Sections 7.1 through 7.295 who is
24 aggrieved by an administrative order entered under Section
25 7.80 or 7.85 or an administrative determination of paternity
26 entered under Section 7.210 and who did not petition within
27 the 30-day appeal period may petition the Attorney General
28 for relief from the administrative order or determination on
29 the same grounds as are provided for relief from judgments
30 under Section 2-1401 of the Code of Civil Procedure. The
31 petition must be filed not later than 2 years after the entry
32 of the order or determination by the Attorney General. The
33 day immediately subsequent to the mailing of the order or
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1 determination shall be considered as the first day and the
2 day the petition is received by the Attorney General shall be
3 considered as the last day in computing the 2-year period.
4 Any period during which the person seeking relief is under a
5 legal disability or duress or during which the grounds for
6 relief are fraudulently concealed shall be excluded in
7 computing the period of 2 years.
8 Upon receiving a petition within the 2-year period, the
9 Attorney General shall provide for a hearing to be held on
10 the petition.
11 (15 ILCS 205/7.155 new)
12 Sec. 7.155. Enforcement of administrative order. If a
13 responsible relative refuses, neglects, or fails to comply
14 with a final administrative support or reimbursement order of
15 the Attorney General entered by the Child and Spouse Support
16 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
17 to Section 7.180, the Child and Spouse Support Unit may file
18 suit against the responsible relative or relatives to secure
19 compliance with the administrative order.
20 Suits shall be instituted in the name of the People of
21 the State of Illinois on the relation of the Attorney General
22 of the State of Illinois and the spouse or dependent children
23 for whom the support order has been issued.
24 The court shall order the payment of the support
25 obligation, or orders for reimbursement of moneys for support
26 provided, directly to the Attorney General but the order
27 shall permit the Attorney General to direct the responsible
28 relative or relatives to make payments of support directly to
29 the spouse or dependent children, or to some person or agency
30 in his or their behalf, as provided in Section 7.50 or 7.60,
31 as applicable.
32 Whenever it is determined in a proceeding to enforce an
33 administrative order that the responsible relative is
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1 unemployed, and support is sought on behalf of applicants for
2 or recipients of financial aid under Article IV of the
3 Illinois Public Aid Code or other persons who are given
4 access to the child and spouse support services of Sections
5 7.1 through 7.295 as provided in Section 7.5, the court may
6 order the responsible relative to seek employment and report
7 periodically to the court with a diary, listing or other
8 memorandum of his or her efforts in accordance with such
9 order. In addition, the court may order the unemployed
10 responsible relative to report to the Department of Human
11 Services for participation in job search, training or work
12 programs established under Section 9-6 and Article IXA of the
13 Illinois Public Aid Code or to the Illinois Department of
14 Employment Security for job search services or to make
15 application with the local Jobs Training Partnership Act
16 provider for participation in job search, training or work
17 programs.
18 (15 ILCS 205/7.160 new)
19 Sec. 7.160. Judicial enforcement of court and
20 administrative support orders. Court orders entered in
21 proceedings under Section 7.60 and court orders for
22 enforcement of an administrative order under Section 7.155
23 and for the payment of money may be enforced by attachment as
24 for contempt against the persons of the defendants, and in
25 addition, as other judgments for the payment of money, and
26 costs may be adjudged against the defendants and apportioned
27 among them; but if the complaint is dismissed, costs shall be
28 borne by the Attorney General or the local governmental unit,
29 as the case may be. If a responsible relative is directed by
30 the Attorney General, or the local governmental unit, under
31 the conditions stated in Section 7.50, to make support
32 payments directly to the person, or to some person or agency
33 in his behalf, the court order entered against him under this
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1 Section or Section 7.60 may be enforced as herein provided if
2 he thereafter fails to furnish support in accordance with its
3 terms. The State of Illinois shall not be required to make a
4 deposit for or pay any costs or fees of any court or officer
5 thereof in any proceeding instituted under this Section.
6 The provisions of the Civil Practice Law, and all
7 amendments and modifications thereof, shall apply to and
8 govern all actions instituted under this Section and Section
9 7.60. In such actions proof that a person is an applicant for
10 or recipient of public aid under any Article of the Illinois
11 Public Aid Code shall be prima facie proof that he is a
12 person in necessitous circumstances by reason of infirmity,
13 unemployment or other cause depriving him of the means of a
14 livelihood compatible with health and well-being.
15 Payments under this Section to the Illinois Department of
16 Public Aid or the Attorney General pursuant to the Child
17 Support Enforcement Program established by Title IV-D of the
18 Social Security Act shall be paid into the Child Support
19 Enforcement Trust Fund. All other payments under this Section
20 to the Illinois Department of Public Aid shall be deposited
21 in the Public Assistance Recoveries Trust Fund. Disbursements
22 from these funds shall be as provided in Sections 12-9 and
23 12-10.2 of the Illinois Public Aid Code. Payments received by
24 a local governmental unit shall be deposited in that unit's
25 General Assistance Fund.
26 In addition to the penalties or punishment that may be
27 imposed under this Section, any person whose conduct
28 constitutes a violation of Section 1 of the Non-Support of
29 Spouse and Children Act may be prosecuted under that Section,
30 and a person convicted under that Section may be sentenced in
31 accordance with that Section. The sentence may include but
32 need not be limited to a requirement that the person perform
33 community service under subsection (b) of that Section or
34 participate in a work alternative program under subsection
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1 (c) of that Section. A person may not be required to
2 participate in a work alternative program under subsection
3 (c) of that Section if the person is currently participating
4 in a work program pursuant to Section 7.85 of this Act.
5 (15 ILCS 205/7.165 new)
6 Sec. 7.165. Withholding of income to secure payment of
7 support. Orders for support entered under Sections 7.1
8 through 7.295 of this Act are subject to the Income
9 Withholding for Support Act.
10 (15 ILCS 205/7.170 new)
11 Sec. 7.170. Posting security, bond or guarantee to
12 secure payment. The court may require the responsible
13 relative to post security or bond or give some other
14 guarantee of a character and amount sufficient to assure
15 payment of any amount of support due.
16 (15 ILCS 205/7.172 new)
17 Sec. 7.172. Information concerning obligors.
18 (a) In this Section:
19 "Arrearage", "delinquency", "obligor", and "order for
20 support" have the meanings attributed to those terms in
21 Section 7.165 of this Act.
22 "Consumer reporting agency" has the meaning attributed to
23 that term in Section 603(f) of the Fair Credit Reporting Act,
24 15 U.S.C. 1681a(f).
25 (b) Whenever a court of competent jurisdiction finds
26 that an obligor either owes an arrearage of more than $10,000
27 or is delinquent in payment of an amount equal to at least 3
28 months' support obligation pursuant to an order for support,
29 the court shall direct the clerk of the court to make
30 information concerning the obligor available to consumer
31 reporting agencies.
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1 (c) Whenever a court of competent jurisdiction finds
2 that an obligor either owes an arrearage of more than $10,000
3 or is delinquent in payment of an amount equal to at least 3
4 months' support obligation pursuant to an order for support,
5 the court shall direct the clerk of the court to cause the
6 obligor's name and address to be published in a newspaper of
7 general circulation in the area in which the obligor resides.
8 The clerk shall cause the obligor's name and address to be
9 published only after sending to the obligor at the obligor's
10 last known address, by certified mail, return receipt
11 requested, a notice of intent to publish the information.
12 This subsection (c) applies only if the obligor resides in
13 the county in which the clerk of the court holds office.
14 (15 ILCS 205/7.175 new)
15 Sec. 7.175. Other actions and remedies for support. The
16 procedures, actions and remedies provided in Sections 7.1
17 through 7.295 shall in no way be exclusive, but shall be
18 available in addition to other actions and remedies of
19 support, including, but not by way of limitation, the
20 remedies provided in the Paternity Act, the Non-Support of
21 Spouse and Children Act, and the Revised Uniform Reciprocal
22 Enforcement of Support Act.
23 (15 ILCS 205/7.180 new)
24 Sec. 7.180. Administrative order by registration. The
25 Attorney General may provide by rule for the administrative
26 registration of a support order entered by a court or
27 administrative body of another state. The purpose of
28 registration shall be to enforce or modify the order in
29 accordance with the provisions of the Uniform Interstate
30 Family Support Act. Upon registration, such support order
31 shall become an administrative order of the Child and Spouse
32 Support Unit by operation of law. The rule shall provide for
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1 notice to and an opportunity to be heard by the responsible
2 relative and custodial parent affected and any final
3 administrative decision rendered by the Attorney General
4 shall be reviewed only under and in accordance with the
5 Administrative Review Law.
6 Any new or existing support order registered by the
7 Attorney General under this Section shall be deemed to be a
8 series of judgments against the person obligated to pay
9 support thereunder, each such judgment to be in the amount of
10 each payment or installment of support and each such judgment
11 to be deemed entered as of the date the corresponding payment
12 or installment becomes due under the terms of the support
13 order. Each such judgment shall be enforceable in the same
14 manner as any other judgment in this State. A lien arises by
15 operation of law against the real and personal property of
16 the noncustodial parent for each installment of overdue
17 support owed by the noncustodial parent.
18 (15 ILCS 205/7.185 new)
19 Sec. 7.185. Income withholding by administrative order.
20 The Attorney General may provide by rule for entry of an
21 administrative support order containing income withholding
22 provisions and for service and enforcement of an income
23 withholding notice, by the Child and Spouse Support Unit
24 based upon and in the same manner as prescribed by the Income
25 Withholding for Support Act. The penalties provided in the
26 Income Withholding for Support Act shall apply hereto and
27 shall be enforced by filing an action under that Act. The
28 rule shall provide for notice to and an opportunity to be
29 heard by the responsible relative affected and any final
30 administrative decision rendered by the Attorney General
31 shall be reviewed only under and in accordance with the
32 Administrative Review Law.
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1 (15 ILCS 205/7.190 new)
2 Sec. 7.190. Federal income tax refund intercept. The
3 Attorney General may provide by rule for certification to the
4 Department of Health and Human Services of past due support
5 owed by responsible relatives under a support order entered
6 by a court or administrative body of this or any other State
7 on behalf of resident or non-resident persons. The purpose
8 of certification shall be to intercept federal income tax
9 refunds due such relatives in order to satisfy such past due
10 support in whole or in part.
11 The rule shall provide for notice to and an opportunity
12 to be heard by the responsible relative affected and any
13 final administrative decision rendered by the Attorney
14 General shall be reviewed only under and in accordance with
15 the Administrative Review Law. Certification shall be
16 accomplished in accordance with Title IV, Part D of the
17 federal Social Security Act and rules and regulations
18 promulgated thereunder.
19 (15 ILCS 205/7.195 new)
20 Sec. 7.195. Security, bond or guarantee to secure
21 payment. The Attorney General may provide by rule for the
22 requiring of, or for the requesting of the court to require,
23 a responsible relative to post security or bond or give some
24 other guarantee of a character and amount sufficient to
25 assure payment of any amount due under a support order
26 entered by a court or administrative body of this or any
27 other State on behalf of resident or non-resident persons.
28 The rule shall provide for notice to and an opportunity to be
29 heard by each responsible relative affected and any final
30 administrative decision rendered by the Attorney General
31 shall be reviewed only under and in accordance with the
32 Administrative Review Law.
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1 (15 ILCS 205/7.200 new)
2 Sec. 7.200. State income tax refund and other payment
3 intercept. The Attorney General may provide by rule for
4 certification to the Comptroller of past due support owed by
5 responsible relatives under a support order entered by a
6 court or administrative body of this or any other State on
7 behalf of resident or non-resident persons. The purpose of
8 certification shall be to intercept state income tax refunds
9 and other payments due such relatives in order to satisfy
10 such past due support, in whole or in part, whether or not
11 such support is owed to the State. The rule shall provide
12 (i) for notice to and an opportunity to be heard by the
13 responsible relative and any joint payee affected, (ii) that
14 any final administrative decision rendered by the Attorney
15 General shall be reviewed only under and in accordance with
16 the Administrative Review Law, (iii) for distribution of
17 intercepted moneys in accordance with the federal Personal
18 Responsibility and Work Opportunity Reconciliation Act of
19 1996, and (iv) for provision of the responsible relative's
20 social security number (or numbers if the responsible
21 relative has more than one such number) and home address to
22 the Illinois Department of Public Aid and to the Attorney
23 General. In any case where a state income tax refund is
24 intercepted wrongfully or erroneously, the Attorney General
25 shall pay to such relative and any joint payee affected the
26 amount of the refund plus interest, if any, on such amount at
27 the rate of 9% per annum (or at such adjusted rate as is
28 established under Section 6621(b) of the Internal Revenue
29 Code). Interest shall be calculated from the date the
30 Attorney General receives the refund or from 60 days
31 following the date the Attorney General receives a request to
32 be heard, whichever is later, until the date of payment to
33 such relative and joint payee.
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1 (15 ILCS 205/7.205 new)
2 Sec. 7.205. Past due support information to licensing
3 agencies. The Attorney General may provide by rule for
4 certification to any State licensing agency of past due
5 support owed by responsible relatives under a support order
6 entered by a court or administrative body of this or any
7 other State on behalf of resident or non-resident persons.
8 The rule shall provide for notice to and an opportunity to be
9 heard by each responsible relative affected and any final
10 administrative decision rendered by the Attorney General
11 shall be reviewed only under and in accordance with the
12 Administrative Review Law.
13 (15 ILCS 205/7.210 new)
14 Sec. 7.210. Administrative determination of paternity.
15 The Attorney General may provide by rule for the
16 administrative determination of paternity by the Child and
17 Spouse Support Unit in cases involving applicants for or
18 recipients of financial aid under Article IV of the Illinois
19 Public Aid Code and other persons who are given access to the
20 child and spouse support services of this Article as provided
21 in Section 7.5, including persons similarly situated and
22 receiving similar services in other states. The rules shall
23 extend to cases in which the mother and alleged father
24 voluntarily acknowledge paternity in the form required by the
25 Attorney General, or agree to be bound by the results of
26 genetic testing, or in which the alleged father has failed to
27 respond to a notification of support obligation issued under
28 Section 7.30, and to cases of contested paternity. Any
29 presumption provided for under the Illinois Parentage Act of
30 1984 shall apply to cases in which paternity is determined
31 under the rules of the Attorney General. The rules shall
32 provide for notice and an opportunity to be heard by the
33 responsible relative and the person receiving child and
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1 spouse support services under Sections 2.1 through 2.295 if
2 paternity is not voluntarily acknowledged, and any final
3 administrative decision rendered by the Attorney General
4 shall be reviewed only under and in accordance with the
5 Administrative Review Law. Determinations of paternity made
6 by the Attorney General under the rules authorized by this
7 Section shall have the full force and effect of a court
8 judgment of paternity entered under the Illinois Parentage
9 Act of 1984.
10 In determining paternity in contested cases, the Attorney
11 General shall conduct the evidentiary hearing in accordance
12 with Section 11 of the Parentage Act of 1984, except that
13 references in that Section to "the court" shall be deemed to
14 mean the Attorney General's hearing officer in cases in which
15 paternity is determined administratively by the Attorney
16 General.
17 The Attorney General shall provide by rule for procedures
18 for genetic testing in accordance with any applicable federal
19 laws.
20 Notwithstanding any other provision of Sections 7.1
21 through 7.295, a default determination of paternity may be
22 made if service of the notice under Section 7.30 was made by
23 publication under the rules for administrative paternity
24 determination authorized by this Section. The rules as they
25 pertain to service by publication shall (i) be based on the
26 provisions of Section 2-206 and 2-207 of the Code of Civil
27 Procedure, (ii) provide for service by publication in cases
28 in which the whereabouts of the alleged father are unknown
29 after diligent location efforts by the Child and Spouse
30 Support Unit, and (iii) provide for publication of a notice
31 of default paternity determination in the same manner that
32 the notice under Section 7.30 was published.
33 The Attorney General may implement this Section through
34 the use of emergency rules in accordance with Section 5-45 of
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1 the Illinois Administrative Procedure Act. For purposes of
2 the Illinois Administrative Procedure Act, the adoption of
3 rules to implement this Section shall be considered an
4 emergency and necessary for the public interest, safety, and
5 welfare.
6 (15 ILCS 205/7.215 new)
7 Sec. 7.215. New birth certificate. The Attorney General
8 shall notify the Department of Public Health of a final
9 determination of parentage and a voluntary acknowledgment of
10 paternity made under the rules authorized by Section 7.210,
11 and the Department of Public Health shall issue a new
12 certificate of birth pursuant to Section 17 of the Vital
13 Records Act.
14 (15 ILCS 205/7.220 new)
15 Sec. 7.220. Past due support information to State
16 Department of Revenue.
17 (a) The Attorney General may provide by rule for
18 certification to the Illinois Department of Revenue of past
19 due support owed by responsible relatives under a support
20 order entered by a court or administrative body of this or
21 any other State on behalf of resident or non-resident
22 persons. The rule shall provide for notice to and an
23 opportunity to be heard by each responsible relative
24 affected. Any final administrative decision rendered by the
25 Attorney General shall be reviewed only under and in
26 accordance with the Administrative Review Law. A responsible
27 relative may avoid certification to the Illinois Department
28 of Revenue by establishing a satisfactory repayment record as
29 determined by the Attorney General.
30 (b) A certified past due support amount shall be final.
31 The certified amount shall be payable to the Illinois
32 Department of Revenue upon written notification of the
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1 certification to the responsible relative by the Illinois
2 Department of Revenue.
3 (c) In the event a responsible relative overpays
4 pursuant to collection under this Section and the applicable
5 Sections of the Illinois Income Tax Act, the overpayment
6 shall be a credit against future support obligations. If the
7 current support obligation of the responsible relative has
8 terminated under operation of law or court order, any moneys
9 overpaid but still in the possession of the Attorney General
10 shall be promptly returned to the responsible relative.
11 (d) Except as otherwise provided in this Article, any
12 child support delinquency certified to the Illinois
13 Department of Revenue shall be treated as a child support
14 delinquency for all other purposes, and any collection action
15 by the State's Attorney or the Illinois Department of Revenue
16 with respect to any delinquency certified under Sections 7.1
17 through 7.295 shall have the same priority against
18 attachment, execution, assignment, or other collection action
19 as is provided by any other provision of State law.
20 (e) Any child support delinquency collected by the
21 Illinois Department of Revenue, including those amounts that
22 result in overpayment of a child support delinquency, shall
23 be deposited in, or transferred to, the Child Support
24 Enforcement Trust Fund.
25 (15 ILCS 205/7.221 new)
26 Sec. 7.221. Requests to other states for administrative
27 enforcement. The Attorney General may provide by rule for the
28 procedures to be followed in the administrative enforcement
29 of interstate cases. The rule may provide for responses to
30 requests made by other states to enforce support orders in
31 accordance with any applicable federal laws and regulations,
32 for certification to other states' child support enforcement
33 agencies of past due support owed by responsible relatives
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1 under a support order entered by a court or administrative
2 body of this or any other state on behalf of resident or
3 nonresident persons (including certification of the amount of
4 support in arrears and of compliance with all procedural due
5 process requirements), and for maintenance of records
6 relating to interstate cases. The purpose of certification
7 shall be to request the other states' assistance in
8 administrative enforcement of the support orders. The rule
9 shall provide for notice to and an opportunity to be heard by
10 the responsible relative affected, and any final
11 administrative decision rendered by the Attorney General
12 shall be reviewed only under and in accordance with the
13 Administrative Review Law.
14 (15 ILCS 205/7.223 new)
15 Sec. 7.223. Grandparents' support obligation. If the
16 noncustodial parent of a child is an unemancipated minor,
17 then to the extent that the minor parent has insufficient
18 financial resources to fulfill his or her support
19 responsibilities to the child, the parents of that minor
20 parent are jointly and severally responsible for any child
21 support for the child of that minor parent if that child is a
22 recipient of assistance under the State's plan for aid and
23 services to needy families with children.
24 (15 ILCS 205/7.225 new)
25 Sec. 7.225. Recoveries; deductibility of direct
26 relatives' support payment. In any actions for the recovery
27 of the financial aid, including actions for the enforcement
28 of estate and lien claims, amounts contributed by responsible
29 relatives either voluntarily or by court or administrative
30 order and paid to the Illinois Department of Public Aid or to
31 a local governmental unit shall be deducted from the claim of
32 the State or the governmental unit.
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1 (15 ILCS 205/7.230 new)
2 Sec. 7.230. Support payments ordered under other laws.
3 The Attorney General, Illinois Department of Public Aid, and
4 local governmental units are authorized to receive payments
5 directed by court order for the support of recipients, as
6 provided in the following Acts:
7 (1) The Non-Support of Spouse and Children Act.
8 (2) The Illinois Marriage and Dissolution of
9 Marriage Act.
10 (3) The Illinois Parentage Act.
11 (4) The Revised Uniform Reciprocal Enforcement of
12 Support Act.
13 (5) The Juvenile Court Act or the Juvenile Court
14 Act of 1987.
15 (6) The Unified Code of Corrections.
16 (7) Part 7 of Article XII of the Code of Civil
17 Procedure.
18 (8) Part 8 of Article XII of the Code of Civil
19 Procedure.
20 (9) Other laws which may provide by judicial order
21 for direct payment of support moneys.
22 Payments under this Section to the Illinois Department of
23 Public Aid or the Attorney General pursuant to the Child
24 Support Enforcement Program established by Title IV-D of the
25 Social Security Act shall be paid into the Child Support
26 Enforcement Trust Fund. All other payments under this Section
27 to the Illinois Department of Public Aid shall be deposited
28 in the Public Assistance Recoveries Trust Fund. Disbursements
29 from these funds shall be as provided in Sections 12-9 and
30 12-10.2 of the Illinois Public Aid Code. Payments received by
31 a local governmental unit shall be deposited in that unit's
32 General Assistance Fund.
33 (15 ILCS 205/7.235 new)
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1 Sec. 7.235. Amnesty program. The Attorney General may
2 provide by rule for the establishment of a child support
3 enforcement amnesty program for responsible relatives who owe
4 support under Sections 7.1 through 7.295, to the extent
5 permitted by federal law and regulation. The rule shall
6 provide for the suspending of specified enforcement actions,
7 the duration of the suspension period or periods, the action
8 the responsible relative must take to avoid future
9 enforcement action, and the announcement of the program.
10 (15 ILCS 205/7.240 new)
11 Sec. 7.240. Collection of past-due child support charge.
12 The Attorney General may collect, on behalf of the Illinois
13 Department of Public Aid, any one-time charge imposed on the
14 amount of past-due child support in accordance with Section
15 10-21 of the Illinois Public Aid Code, subsection (c) of
16 Section 505 of the Illinois Marriage and Dissolution of
17 Marriage Act, Section 3 of the Non-Support of Spouse and
18 Children Act, Section 24 of the Revised Uniform Reciprocal
19 Enforcement of Support Act, and subsection (g) of Section 14
20 of the Illinois Parentage Act of 1984.
21 (15 ILCS 205/7.250 new)
22 Sec. 7.250. Employer obligations. If a parent is
23 required by a court or administrative order for support to
24 provide coverage for a child's health care expenses and if
25 that coverage is available to the parent through an employer
26 who does business in this State, the employer must do all of
27 the following upon receipt of a copy of the order of support
28 or order for withholding:
29 (1) The employer shall, upon the parent's request,
30 permit the parent to include in that coverage a child who
31 is otherwise eligible for that coverage, without regard
32 to any enrollment season restrictions that might
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1 otherwise be applicable as to the time period within
2 which the child may be added to that coverage.
3 (2) If the parent has health care coverage through
4 the employer but fails to apply for coverage of the
5 child, the employer shall include the child in the
6 parent's coverage upon application by the child's other
7 parent or the Attorney General.
8 (3) The employer may not eliminate any child from
9 the parent's health care coverage unless the employee is
10 no longer employed by the employer and no longer covered
11 under the employer's group health plan or unless the
12 employer is provided with satisfactory written evidence
13 of either of the following:
14 (A) The court or administrative order is no
15 longer in effect.
16 (B) The child is or will be included in a
17 comparable health care plan obtained by the parent
18 under such order that is currently in effect or will
19 take effect no later than the date the prior
20 coverage is terminated.
21 The employer may eliminate a child from a parent's
22 health care coverage if the employer has eliminated
23 dependent health care coverage for all of its employees.
24 (15 ILCS 205/7.255 new)
25 Sec. 7.255. Definitions. In this Section through
26 Section 7.285:
27 "Account" means a demand deposit account, checking or
28 negotiable withdrawal order account, savings account, time
29 deposit account, or money market mutual fund account.
30 "Financial institution" includes:
31 (1) a depository institution, which is any bank or
32 saving association;
33 (2) an insured depository institution, which is any
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1 bank or saving institution the deposits of which are
2 insured pursuant to the Federal Deposit Insurance Act, or
3 any uninsured branch or agency of a foreign bank or a
4 commercial lending company owned or controlled by a
5 foreign bank;
6 (3) a federal depository institution, which is any
7 national bank, any federal savings association, or any
8 federal branch;
9 (4) a state depository institution, which is any
10 state bank, any state savings association, or any insured
11 branch which is not a federal branch;
12 (5) a federal credit union, which is a cooperative
13 association organized in accordance with the provisions
14 of the Federal Credit Union Act;
15 (6) a state chartered credit union which is
16 organized and operated according to the laws of this or
17 any other state, which laws provide for the organization
18 of credit unions similar in principle and objectives to
19 federal credit unions; and
20 (7) any benefit association, insurance company,
21 safe deposit company, money market mutual fund, or
22 similar entity authorized to do business in this State.
23 "Financial record" has the meaning given to that term in
24 Section 1101 of the federal Right to Financial Privacy Act of
25 1978 (12 U.S.C. 3401).
26 (15 ILCS 205/7.260 new)
27 Sec. 7.260. Financial institutions data matches.
28 (a) The Attorney General may design and implement a data
29 match system pursuant to which the Attorney General shall
30 enter into agreements with financial institutions doing
31 business in this State for the purpose of identifying
32 accounts as defined in Section 7.255 of responsible relatives
33 who owe past-due child support.
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1 (b) Every agreement entered into with a financial
2 institution under this Section shall provide, at the option
3 of the financial institution, either (i) that the financial
4 institution shall compare data concerning account holders,
5 owners, or customers who maintain one or more accounts as
6 defined in Section 7.255 at the financial institution with
7 data concerning individuals identified by the Attorney
8 General as responsible relatives who owe past-due child
9 support and for each of whom the Attorney General shall
10 provide the name, record address, and social security number
11 or tax identification number, or (ii) that the financial
12 institution shall provide the social security number or tax
13 identification number of the account holders, owners, or
14 customers who maintain one or more accounts as defined in
15 Section 7.255 at the financial institution to the Attorney
16 General, who shall compare that data with data concerning
17 individuals identified as responsible relatives who owe
18 past-due child support.
19 (c) Every agreement shall provide that the Attorney
20 General shall pay to the financial institution providing or
21 comparing the data a reasonable fee not to exceed the
22 institution's actual cost of providing the data or performing
23 the comparison.
24 (d) If the financial institution or Attorney General
25 determines that the name and either social security number or
26 tax identification number of an individual identified by the
27 Attorney General under subsection (b) match the name and
28 either social security number or tax identification number of
29 the account holder, owner, or customer who maintains one or
30 more accounts as defined in Section 7.255 at the financial
31 institution, then the financial institution shall report the
32 individual's name and either social security number or tax
33 identification number to the Attorney General, for each
34 calendar quarter in which the individual is identified by the
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1 Attorney General as a responsible relative who owes past-due
2 child support.
3 (15 ILCS 205/7.265 new)
4 Sec. 7.265. Types of accounts to be reported. The
5 reporting requirements of Section 7.260 regarding accounts as
6 defined in Section 7.255 apply to individual accounts, joint
7 accounts, and sole proprietorship accounts. In the case of a
8 joint account, the account holder or owner shall be deemed to
9 be the primary account holder or owner established by the
10 financial institution in accordance with federal 1099
11 reporting requirements.
12 (15 ILCS 205/7.270 new)
13 Sec. 7.270. Accommodation of financial institutions.
14 The Attorney General shall make a reasonable effort to
15 accommodate those financial institutions on which the
16 requirements of Sections 7.1 through 7.295 would impose a
17 hardship. In the case of a non-automated financial
18 institution, a paper copy including either social security
19 numbers or tax identification numbers is an acceptable
20 format. In order to allow for data processing
21 implementation, no agreement shall become effective earlier
22 than 90 days after its execution.
23 (15 ILCS 205/7.275 new)
24 Sec. 7.275. Financial institution's charges on account.
25 (a) If the Attorney General requests a financial
26 institution to hold or encumber assets in an account as
27 defined in Section 7.255, the financial institution at which
28 the account as defined in Section 7.255 is maintained may
29 charge and collect its normally scheduled account activity
30 fees to maintain the account during the period of time the
31 account assets are held or encumbered.
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1 (b) If the Attorney General takes any action to enforce
2 a lien or levy imposed on an account, as defined in Section
3 7.255, under Section 7.295, the financial institution at
4 which the account is maintained may charge to the account a
5 fee of up to $50 and shall deduct the amount of the fee from
6 the account before remitting any moneys from the account to
7 the Attorney General.
8 (15 ILCS 205/7.280 new)
9 Sec. 7.280. Confidentiality. All information provided
10 by a financial institution under Sections 7.255 through 7.285
11 is confidential and may be used only for the purpose of
12 enforcing payment of child support. The Attorney General
13 shall adopt rules to safeguard any confidential information
14 received from a financial institution.
15 (15 ILCS 205/7.285 new)
16 Sec. 7.285. Financial institution's freedom from
17 liability. A financial institution that provides information
18 under Sections 7.255 through 7.285 shall not be liable to any
19 account holder, owner, or other person in any civil,
20 criminal, or administrative action for any of the following:
21 (1) Disclosing the required information to the
22 Attorney General, any other provisions of the law not
23 withstanding.
24 (2) Holding, encumbering, or surrendering any of an
25 individual's accounts as defined in Section 7.255 in
26 response to a lien or order to withhold and deliver
27 issued by:
28 (A) the Attorney General under Sections 7.290
29 and 7.295; or
30 (B) a person or entity acting on behalf of the
31 Attorney General.
32 (3) Any other action taken or omission made in good
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1 faith to comply with Sections 7.255 through 7.285,
2 including individual or mechanical errors, provided that
3 the action or omission does not constitute gross
4 negligence or willful misconduct.
5 (15 ILCS 205/7.290 new)
6 Sec. 7.290. Administrative liens and levies on real
7 property for past-due child support.
8 (a) The State shall have a lien on all legal and
9 equitable interests of responsible relatives in their real
10 property in the amount of past-due child support owing
11 pursuant to an order for child support entered under Sections
12 7.60 and 7.80 of this Act or Sections 10-10 and 10-11 of the
13 Illinois Public Aid Code or under the Illinois Marriage and
14 Dissolution of Marriage Act, the Non-Support of Spouse and
15 Children Act, the Uniform Interstate Family Support Act, or
16 the Illinois Parentage Act of 1984.
17 (b) The Attorney General shall provide by rule for
18 notice to and an opportunity to be heard by each responsible
19 relative affected, and any final administrative decision
20 rendered by the Attorney General shall be reviewed only under
21 and in accordance with the Administrative Review Law.
22 (c) When enforcing a lien under subsection (a) of this
23 Section, the Attorney General shall have the authority to
24 execute notices of administrative liens and levies, which
25 shall contain the name and address of the responsible
26 relative, a legal description of the real property to be
27 levied, the fact that a lien is being claimed for past-due
28 child support, and such other information as the Attorney
29 General may by rule prescribe. The Attorney General shall
30 record the notice of lien with the recorder or registrar of
31 titles of the county or counties in which the real estate is
32 located.
33 (d) The State's lien under subsection (a) shall be
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1 enforceable upon the recording or filing of a notice of lien
2 with the recorder or registrar of titles of the county or
3 counties in which the real estate is located. The lien shall
4 be prior to any lien thereafter recorded or filed and shall
5 be notice to a subsequent purchaser, assignor, or
6 encumbrancer of the existence and nature of the lien. The
7 lien shall be inferior to the lien of general taxes, special
8 assessment, and special taxes heretofore or hereafter levied
9 by any political subdivision or municipal corporation of the
10 State.
11 In the event that title to the land to be affected by the
12 notice of lien is registered under the Registered Titles
13 (Torrens) Act, the notice shall be filed in the office of the
14 registrar of titles as a memorial or charge upon each folium
15 of the register of titles affected by the notice; but the
16 State shall not have a preference over the rights of any bona
17 fide purchaser, mortgagee, judgment creditor, or other lien
18 holders registered prior to the registration of the notice.
19 (e) The recorder or registrar of titles of each county
20 shall procure a file labeled "Child Support Lien Notices" and
21 an index book labeled "Child Support Lien Notices". When
22 notice of any lien is presented to the recorder or registrar
23 of titles for filing, the recorder or registrar of titles
24 shall file it in numerical order in the file and shall enter
25 it alphabetically in the index. The entry shall show the
26 name and last known address of the person named in the
27 notice, the serial number of the notice, the date and hour of
28 filing, and the amount of child support due at the time when
29 the lien is filed.
30 (f) The Attorney General shall not be required to
31 furnish bond or make a deposit for or pay any costs or fees
32 of any court or officer thereof in any legal proceeding
33 involving the lien.
34 (g) To protect the lien of the State for past-due child
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1 support, the Attorney General may, from funds that are
2 available for that purpose, pay or provide for the payment of
3 necessary or essential repairs, purchase tax certificates,
4 pay balances due on land contracts, or pay or cause to be
5 satisfied any prior liens on the property to which the lien
6 hereunder applies.
7 (h) A lien on real property under this Section shall be
8 released pursuant to Section 12-101 of the Code of Civil
9 Procedure.
10 (i) The Attorney General, acting in behalf of the State,
11 may foreclose the lien in a judicial proceeding to the same
12 extent and in the same manner as in the enforcement of other
13 liens. The process, practice, and procedure for the
14 foreclosure shall be the same as provided in the Code of
15 Civil Procedure.
16 (15 ILCS 205/7.292 new)
17 Sec. 7.292. State case registry.
18 (a) The Attorney General shall establish an automated
19 State Case Registry to contain records concerning child
20 support orders for parties receiving child and spouse support
21 services under Sections 7.1 through 7.295, and for all child
22 support orders entered or modified on or after October 1,
23 1998, and pursuant to Sections 7.60 and 7.80, and pursuant to
24 the Illinois Marriage and Dissolution of Marriage Act, the
25 Non-Support of Spouse and Children Act, the Uniform
26 Interstate Family Support Act, or the Illinois Parentage Act
27 of 1984.
28 (b) The Attorney General shall maintain the following
29 information in the Registry for all cases described in
30 subsection (a):
31 (1) the names of the custodial and non-custodial
32 parents, and of the child or children covered by the
33 order;
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1 (2) the dates of birth of the custodial and
2 non-custodial parents, and of the child or children
3 covered by the order;
4 (3) the social security numbers of the custodial
5 and non-custodial parents and, if available, of the child
6 or children covered by the order;
7 (4) the residential and mailing addresses for the
8 custodial and non-custodial parents;
9 (5) the telephone numbers for the custodial and
10 non-custodial parents;
11 (6) the driver's license numbers for the custodial
12 and non-custodial parents;
13 (7) the name, address, and telephone number of each
14 parent's employer or employers;
15 (8) the case identification number;
16 (9) the court docket number, if applicable; and
17 (10) any other information that may be required
18 under Title IV, Part D of the Social Security Act or
19 regulations promulgated thereunder.
20 (c) The Attorney General shall maintain the following
21 payment information on child support orders for parties
22 receiving child and spouse support services under Sections
23 7.1 through 7.295.
24 (1) the amount of monthly or other periodic support
25 owed under the order and other amounts, including
26 arrearages, interest or late payment penalties, and fees,
27 due or overdue under the order;
28 (2) any amounts described in subdivision (1) of
29 subsection (d) that have been collected;
30 (3) the distribution of the collected amounts; and
31 (4) the amount of any lien imposed with respect to
32 the order pursuant to Section 7.290 or Section 7.295 of
33 this Code.
34 (d) The Attorney General shall establish, update,
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1 maintain, and monitor case records in the Registry of parties
2 receiving child and spouse support services under Sections
3 7.1 through 7.295 on the bases of:
4 (1) information on administrative actions and
5 administrative and judicial proceedings and orders
6 relating to paternity and support;
7 (2) information obtained from comparison with
8 federal, State, and local sources of information;
9 (3) information on support collections and
10 distribution; and
11 (4) any other relevant information.
12 (e) The Attorney General shall use the automated State
13 Case Registry to share and compare information with, and
14 receive information from, other data bases and information
15 comparison services in order to obtain (or provide)
16 information necessary to enable the Attorney General (or the
17 federal Department of Health and Human Services or other
18 State or federal agencies) to carry out the requirements of
19 the child support enforcement program established under Title
20 IV, Part D of the Social Security Act. Such information
21 comparison activities shall include the following:
22 (1) Furnishing to the Federal Case Registry of
23 Child Support Orders (and updating as necessary, with
24 information including notice of expiration of orders) the
25 information specified by the federal Department of Health
26 and Human Services in regulations.
27 (2) Exchanging information with the Federal Parent
28 Locator Service for the purposes specified in Section 453
29 of the Social Security Act.
30 (3) Exchanging information with State agencies (of
31 this State and of other states) administering programs
32 funded under Title IV, Part A and Title XIX of the Social
33 Security Act and other programs designated by the federal
34 Department of Health and Human Services, as necessary to
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1 perform responsibilities under Title IV, Part D of the
2 Social Security Act and under such other programs.
3 (4) Exchanging information with other agencies of
4 this State, agencies of other states, and interstate
5 information networks, as necessary and appropriate to
6 carry out (or assist other states to carry out) the
7 purposes of Title IV, Part D of the Social Security Act.
8 (f) The Attorney General shall adopt rules establishing
9 safeguards, applicable to all confidential information
10 included in the State Case Registry, that are designed to
11 protect the privacy rights of persons concerning whom
12 information is on record in the State Case Registry. Such
13 safeguards shall include, but not be limited to the
14 following:
15 (1) Prohibitions against the release of information
16 on the whereabouts of one party or the child to another
17 party against whom a protective order with respect to the
18 former party or the child has been entered.
19 (2) Prohibitions against the release of information
20 on the whereabouts of one party or the child to another
21 party if the Attorney General has reasonable evidence of
22 domestic violence or child abuse (that is, allegations of
23 domestic violence or child abuse, unless the Attorney
24 General has an independent, reasonable basis to find the
25 person making the allegation not credible) to the former
26 party or child by the party requesting information.
27 (3) Prohibitions against the release of information
28 on the whereabouts of one party or the child to another
29 person if the Attorney General has reason to believe the
30 release of information to that person may result in
31 physical or emotional harm to the party or child.
32 (15 ILCS 205/7.295 new)
33 Sec. 7.295. Administrative liens and levies on personal
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1 property for past-due child support.
2 (a) The State shall have a lien on all legal and
3 equitable interests of responsible relatives in their
4 personal property, including any account in a financial
5 institution as defined in Section 7.255, or in the case of an
6 insurance company or benefit association only in accounts as
7 defined in Section 7.255, in the amount of past-due child
8 support owing pursuant to an order for child support entered
9 under Sections 7.60 and 7.80 of this Act or Sections 10-10
10 and 10-11 of the Illinois Public Aid Code or under the
11 Illinois Marriage and Dissolution of Marriage Act, the
12 Non-Support of Spouse and Children Act, the Uniform
13 Interstate Family Support Act, or the Illinois Parentage Act
14 of 1984.
15 (b) The Attorney General shall provide by rule for
16 notice to and an opportunity to be heard by each responsible
17 relative affected, and any final administrative decision
18 rendered by the Attorney General shall be reviewed only under
19 and in accordance with the Administrative Review Law.
20 (c) When enforcing a lien under subsection (a) of this
21 Section, the Attorney General shall have the authority to
22 execute notices of administrative liens and levies, which
23 shall contain the name and address of the responsible
24 relative, a description of the property to be levied, the
25 fact that a lien is being claimed for past-due child support,
26 and such other information as the Attorney General may by
27 rule prescribe. The Attorney General may serve the notice of
28 lien or levy upon any financial institution where the
29 accounts as defined in Section 7.255 of the responsible
30 relative may be held, for encumbrance or surrender of the
31 accounts as defined in Section 7.255 by the financial
32 institution.
33 (d) The Attorney General shall enforce its lien against
34 the responsible relative's personal property, other than
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1 accounts as defined in Section 7.255 in financial
2 institutions, and levy upon such personal property in the
3 manner provided for enforcement of judgments contained in
4 Article XII of the Code of Civil Procedure.
5 (e) The Attorney General shall not be required to
6 furnish bond or make a deposit for or pay any costs or fees
7 of any court or officer thereof in any legal proceeding
8 involving the lien.
9 (f) To protect the lien of the State for past-due child
10 support, the Attorney General may, from funds that are
11 available for that purpose, pay or provide for the payment of
12 necessary or essential repairs, purchase tax certificates, or
13 pay or cause to be satisfied any prior liens on the property
14 to which the lien hereunder applies.
15 (g) A lien on personal property under this Section shall
16 be released in the manner provided under Article XII of the
17 Code of Civil Procedure. Notwithstanding the foregoing, a
18 lien under this Section on accounts as defined in Section
19 7.255 shall expire upon the passage of 120 days from the date
20 of issuance of the Notice of Lien or Levy by the Attorney
21 General. However, the lien shall remain in effect during the
22 pendency of any appeal or protest.
23 (h) A lien created under this Section is subordinate to
24 any prior lien of the financial institution or any prior lien
25 holder or any prior right of set-off that the financial
26 institution may have against the assets, or in the case of an
27 insurance company or benefit association only in the accounts
28 as defined in Section 7.255.
29 (i) A financial institution has no obligation under this
30 Section to hold, encumber, or surrender the assets, or in the
31 case of an insurance company or benefit association only the
32 accounts as defined in Section 7.255, until the financial
33 institution has been properly served with a subpoena,
34 summons, warrant, court or administrative order, or
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1 administrative lien and levy requiring that action.
2 Section 17. The New Hire Reporting Act is amended by
3 changing Section 35 as follows:
4 (20 ILCS 1020/35)
5 Sec. 35. Attorney General's Department of Public Aid
6 duties. The Attorney General Department of Public Aid shall
7 establish a community advisory committee for oversight of the
8 implementation process, toll-free telephone lines for
9 employers with child support questions, an expedited hearing
10 process for non-custodial parents who contest an employer's
11 execution of an order for withholding and brochures and
12 public service announcements that inform the general public
13 about the New Hire Directory and how to utilize it, within
14 the federal and State confidentiality laws, in pursuit of
15 child support.
16 (Source: P.A. 90-425, eff. 8-15-97.)
17 Section 18. The Illinois Lottery Law is amended by
18 changing Section 13 as follows:
19 (20 ILCS 1605/13) (from Ch. 120, par. 1163)
20 Sec. 13. No prize, nor any portion of a prize, nor any
21 right of any person to a prize awarded shall be assignable.
22 Any prize, or portion thereof remaining unpaid at the death
23 of a prize winner, may be paid to the estate of such deceased
24 prize winner, or to the trustee under a revocable living
25 trust established by the deceased prize winner as settlor,
26 provided that a copy of such a trust has been filed with the
27 Department along with a notarized letter of direction from
28 the settlor and no written notice of revocation has been
29 received by the Department prior to the settlor's death.
30 Following such a settlor's death and prior to any payment to
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1 such a successor trustee, the Director shall obtain from the
2 trustee and each trust beneficiary a written agreement to
3 indemnify and hold the Department harmless with respect to
4 any claims that may be asserted against the Department
5 arising from payment to or through the trust.
6 Notwithstanding any other provision of this Section, any
7 person pursuant to an appropriate judicial order may be paid
8 the prize to which a winner is entitled, and all or part of
9 any prize otherwise payable by State warrant under this
10 Section shall be withheld upon certification to the State
11 Comptroller from the Attorney General Illinois Department of
12 Public Aid as provided in Section 7.200 10-17.5 of the
13 Attorney General Act Illinois Public Aid Code. The Director
14 shall be discharged of all further liability upon payment of
15 a prize pursuant to this Section.
16 (Source: P.A. 85-1224.)
17 Section 20. The Civil Administrative Code of Illinois is
18 amended by changing Section 60 as follows:
19 (20 ILCS 2105/60) (from Ch. 127, par. 60)
20 Sec. 60. Powers and duties. The Department of
21 Professional Regulation shall have, subject to the provisions
22 of this Act, the following powers and duties:
23 1. To authorize examinations in English to ascertain the
24 qualifications and fitness of applicants to exercise the
25 profession, trade, or occupation for which the examination is
26 held.
27 2. To prescribe rules and regulations for a fair and
28 wholly impartial method of examination of candidates to
29 exercise the respective professions, trades, or occupations.
30 3. To pass upon the qualifications of applicants for
31 licenses, certificates, and authorities, whether by
32 examination, by reciprocity, or by endorsement.
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1 4. To prescribe rules and regulations defining, for the
2 respective professions, trades, and occupations, what shall
3 constitute a school, college, or university, or department of
4 a university, or other institutions, reputable and in good
5 standing and to determine the reputability and good standing
6 of a school, college, or university, or department of a
7 university, or other institution, reputable and in good
8 standing by reference to a compliance with such rules and
9 regulations: provided, that no school, college, or
10 university, or department of a university or other
11 institution that refuses admittance to applicants solely on
12 account of race, color, creed, sex, or national origin shall
13 be considered reputable and in good standing.
14 5. To conduct hearings on proceedings to revoke,
15 suspend, refuse to renew, place on probationary status, or
16 take other disciplinary action as may be authorized in any
17 licensing Act administered by the Department with regard to
18 licenses, certificates, or authorities of persons exercising
19 the respective professions, trades, or occupations, and to
20 revoke, suspend, refuse to renew, place on probationary
21 status, or take other disciplinary action as may be
22 authorized in any licensing Act administered by the
23 Department with regard to such licenses, certificates, or
24 authorities. The Department shall issue a monthly
25 disciplinary report. The Department shall deny any license
26 or renewal authorized by this Act to any person who has
27 defaulted on an educational loan or scholarship provided by
28 or guaranteed by the Illinois Student Assistance Commission
29 or any governmental agency of this State; however, the
30 Department may issue a license or renewal if the
31 aforementioned persons have established a satisfactory
32 repayment record as determined by the Illinois Student
33 Assistance Commission or other appropriate governmental
34 agency of this State. Additionally, beginning June 1, 1996,
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1 any license issued by the Department may be suspended or
2 revoked if the Department, after the opportunity for a
3 hearing under the appropriate licensing Act, finds that the
4 licensee has failed to make satisfactory repayment to the
5 Illinois Student Assistance Commission for a delinquent or
6 defaulted loan. For the purposes of this Section,
7 "satisfactory repayment record" shall be defined by rule. The
8 Department shall refuse to issue or renew a license to, or
9 shall suspend or revoke a license of, any person who, after
10 receiving notice, fails to comply with a subpoena or warrant
11 relating to a paternity or child support proceeding.
12 However, the Department may issue a license or renewal upon
13 compliance with the subpoena or warrant.
14 The Department, without further process or hearings,
15 shall revoke, suspend, or deny any license or renewal
16 authorized by this Act to a person who is certified by the
17 Illinois Department of Public Aid (before the effective date
18 of this amendatory Act of the 91st General Assembly) or the
19 Attorney General (on and after that date) as being more than
20 30 days delinquent in complying with a child support order;
21 the Department may, however, issue a license or renewal if
22 the person has established a satisfactory repayment record as
23 determined by the Illinois Department of Public Aid (before
24 the effective date of this amendatory Act of the 91st General
25 Assembly) or the Attorney General (on and after that date).
26 The Department may implement this paragraph as added by
27 Public Act 89-6 through the use of emergency rules in
28 accordance with Section 5-45 of the Illinois Administrative
29 Procedure Act. For purposes of the Illinois Administrative
30 Procedure Act, the adoption of rules to implement this
31 paragraph shall be considered an emergency and necessary for
32 the public interest, safety, and welfare.
33 6. To transfer jurisdiction of any realty under the
34 control of the Department to any other Department of the
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1 State Government, or to acquire or accept Federal lands, when
2 such transfer, acquisition or acceptance is advantageous to
3 the State and is approved in writing by the Governor.
4 7. To formulate rules and regulations as may be
5 necessary for the enforcement of any act administered by the
6 Department.
7 8. To exchange with the Illinois Department of Public
8 Aid (before the effective date of this amendatory Act of the
9 91st General Assembly) or the Attorney General (on and after
10 that date) information that may be necessary for the
11 enforcement of child support orders entered pursuant to the
12 Attorney General Act, the Illinois Public Aid Code, the
13 Illinois Marriage and Dissolution of Marriage Act, the
14 Non-Support of Spouse and Children Act, the Revised Uniform
15 Reciprocal Enforcement of Support Act, the Uniform Interstate
16 Family Support Act, or the Illinois Parentage Act of 1984.
17 Notwithstanding any provisions in this Code to the contrary,
18 the Department of Professional Regulation shall not be liable
19 under any federal or State law to any person for any
20 disclosure of information to the Illinois Department of
21 Public Aid or the Attorney General under this paragraph 8 or
22 for any other action taken in good faith to comply with the
23 requirements of this paragraph 8.
24 9. To require an applicant for any new license or for
25 the renewal of a license to provide his or her social
26 security number on the license application form.
27 10. 9. To perform such other duties as may be
28 prescribed by law.
29 The Department may, when a fee is payable to the
30 Department for a wall certificate of registration provided by
31 the Department of Central Management Services, require that
32 portion of the payment for printing and distribution costs be
33 made directly or through the Department, to the Department of
34 Central Management Services for deposit in the Paper and
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1 Printing Revolving Fund, the remainder shall be deposited in
2 the General Revenue Fund.
3 For the purpose of securing and preparing evidence, and
4 for the purchase of controlled substances, professional
5 services, and equipment necessary for enforcement activities,
6 recoupment of investigative costs and other activities
7 directed at suppressing the misuse and abuse of controlled
8 substances, including those activities set forth in Sections
9 504 and 508 of the Illinois Controlled Substances Act, the
10 Director and agents appointed and authorized by the Director
11 may expend such sums from the Professional Regulation
12 Evidence Fund as the Director deems necessary from the
13 amounts appropriated for that purpose and such sums may be
14 advanced to the agent when the Director deems such procedure
15 to be in the public interest. Sums for the purchase of
16 controlled substances, professional services, and equipment
17 necessary for enforcement activities and other activities as
18 set forth in this Section shall be advanced to the agent who
19 is to make such purchase from the Professional Regulation
20 Evidence Fund on vouchers signed by the Director. The
21 Director and such agents are authorized to maintain one or
22 more commercial checking accounts with any State banking
23 corporation or corporations organized under or subject to the
24 Illinois Banking Act for the deposit and withdrawal of moneys
25 to be used for the purposes set forth in this Section;
26 provided, that no check may be written nor any withdrawal
27 made from any such account except upon the written signatures
28 of 2 persons designated by the Director to write such checks
29 and make such withdrawals. Vouchers for such expenditures
30 must be signed by the Director and all such expenditures
31 shall be audited by the Director and the audit shall be
32 submitted to the Department of Central Management Services
33 for approval.
34 Whenever the Department is authorized or required by law
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1 to consider some aspect of criminal history record
2 information for the purpose of carrying out its statutory
3 powers and responsibilities, then, upon request and payment
4 of fees in conformance with the requirements of subsection 22
5 of Section 55a of the Civil Administrative Code of Illinois,
6 the Department of State Police is authorized to furnish,
7 pursuant to positive identification, such information
8 contained in State files as is necessary to fulfill the
9 request.
10 The provisions of this Section do not apply to private
11 business and vocational schools as defined by Section 1 of
12 the Private Business and Vocational Schools Act.
13 Beginning July 1, 1995, this Section does not apply to
14 those professions, trades, and occupations licensed under the
15 Real Estate License Act of 1983 nor does it apply to any
16 permits, certificates, or other authorizations to do business
17 provided for in the Land Sales Registration Act of 1989 or
18 the Illinois Real Estate Time-Share Act.
19 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
20 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
21 eff. 7-1-97.)
22 Section 22. The Civil Administrative Code of Illinois is
23 amended by changing Section 39b52 as follows:
24 (20 ILCS 2505/39b52)
25 Sec. 39b52. Collection of past due support. Upon
26 certification of past due child support amounts from the
27 Department of Public Aid (before the effective date of this
28 amendatory Act of the 91st General Assembly) or the Attorney
29 General (on and after that date), the Department of Revenue
30 may collect the delinquency in any manner authorized for the
31 collection of any tax administered by the Department of
32 Revenue. The Department of Revenue shall notify the
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1 Department of Public Aid (before the effective date of this
2 amendatory Act of the 91st General Assembly) or the Attorney
3 General (on and after that date) when the delinquency or any
4 portion of the delinquency has been collected under this
5 Section. Any child support delinquency collected by the
6 Department of Revenue, including those amounts that result in
7 overpayment of a child support delinquency, shall be
8 deposited in, or transferred to, the Child Support
9 Enforcement Trust Fund. The Department of Revenue may
10 implement this Section through the use of emergency rules in
11 accordance with Section 5-45 of the Illinois Administrative
12 Procedure Act. For purposes of the Illinois Administrative
13 Procedure Act, the adoption of rules to implement this
14 Section shall be considered an emergency and necessary for
15 the public interest, safety, and welfare.
16 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
17 Section 23. The Civil Administrative Code of Illinois is
18 amended by changing Section 55a as follows:
19 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
20 (Text of Section before amendment by P.A. 90-590)
21 Sec. 55a. Powers and duties.
22 (A) The Department of State Police shall have the
23 following powers and duties, and those set forth in Sections
24 55a-1 through 55c:
25 1. To exercise the rights, powers and duties which have
26 been vested in the Department of Public Safety by the State
27 Police Act.
28 2. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the State
30 Police Radio Act.
31 3. To exercise the rights, powers and duties which have
32 been vested in the Department of Public Safety by the
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1 Criminal Identification Act.
2 4. To (a) investigate the origins, activities, personnel
3 and incidents of crime and the ways and means to redress the
4 victims of crimes, and study the impact, if any, of
5 legislation relative to the effusion of crime and growing
6 crime rates, and enforce the criminal laws of this State
7 related thereto, (b) enforce all laws regulating the
8 production, sale, prescribing, manufacturing, administering,
9 transporting, having in possession, dispensing, delivering,
10 distributing, or use of controlled substances and cannabis,
11 (c) employ skilled experts, scientists, technicians,
12 investigators or otherwise specially qualified persons to aid
13 in preventing or detecting crime, apprehending criminals, or
14 preparing and presenting evidence of violations of the
15 criminal laws of the State, (d) cooperate with the police of
16 cities, villages and incorporated towns, and with the police
17 officers of any county, in enforcing the laws of the State
18 and in making arrests and recovering property, (e) apprehend
19 and deliver up any person charged in this State or any other
20 State of the United States with treason, felony, or other
21 crime, who has fled from justice and is found in this State,
22 and (f) conduct such other investigations as may be provided
23 by law. Persons exercising these powers within the Department
24 are conservators of the peace and as such have all the powers
25 possessed by policemen in cities and sheriffs, except that
26 they may exercise such powers anywhere in the State in
27 cooperation with and after contact with the local law
28 enforcement officials. Such persons may use false or
29 fictitious names in the performance of their duties under
30 this paragraph, upon approval of the Director, and shall not
31 be subject to prosecution under the criminal laws for such
32 use.
33 5. To: (a) be a central repository and custodian of
34 criminal statistics for the State, (b) be a central
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1 repository for criminal history record information, (c)
2 procure and file for record such information as is necessary
3 and helpful to plan programs of crime prevention, law
4 enforcement and criminal justice, (d) procure and file for
5 record such copies of fingerprints, as may be required by
6 law, (e) establish general and field crime laboratories, (f)
7 register and file for record such information as may be
8 required by law for the issuance of firearm owner's
9 identification cards, (g) employ polygraph operators,
10 laboratory technicians and other specially qualified persons
11 to aid in the identification of criminal activity, and (h)
12 undertake such other identification, information, laboratory,
13 statistical or registration activities as may be required by
14 law.
15 6. To (a) acquire and operate one or more radio
16 broadcasting stations in the State to be used for police
17 purposes, (b) operate a statewide communications network to
18 gather and disseminate information for law enforcement
19 agencies, (c) operate an electronic data processing and
20 computer center for the storage and retrieval of data
21 pertaining to criminal activity, and (d) undertake such other
22 communication activities as may be required by law.
23 7. To provide, as may be required by law, assistance to
24 local law enforcement agencies through (a) training,
25 management and consultant services for local law enforcement
26 agencies, and (b) the pursuit of research and the publication
27 of studies pertaining to local law enforcement activities.
28 8. To exercise the rights, powers and duties which have
29 been vested in the Department of State Police and the
30 Director of the Department of State Police by the Narcotic
31 Control Division Abolition Act.
32 9. To exercise the rights, powers and duties which have
33 been vested in the Department of Public Safety by the
34 Illinois Vehicle Code.
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1 10. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the Firearm
3 Owners Identification Card Act.
4 11. To enforce and administer such other laws in
5 relation to law enforcement as may be vested in the
6 Department.
7 12. To transfer jurisdiction of any realty title to
8 which is held by the State of Illinois under the control of
9 the Department to any other department of the State
10 government or to the State Employees Housing Commission, or
11 to acquire or accept Federal land, when such transfer,
12 acquisition or acceptance is advantageous to the State and is
13 approved in writing by the Governor.
14 13. With the written approval of the Governor, to enter
15 into agreements with other departments created by this Act,
16 for the furlough of inmates of the penitentiary to such other
17 departments for their use in research programs being
18 conducted by them.
19 For the purpose of participating in such research
20 projects, the Department may extend the limits of any
21 inmate's place of confinement, when there is reasonable cause
22 to believe that the inmate will honor his or her trust by
23 authorizing the inmate, under prescribed conditions, to leave
24 the confines of the place unaccompanied by a custodial agent
25 of the Department. The Department shall make rules governing
26 the transfer of the inmate to the requesting other department
27 having the approved research project, and the return of such
28 inmate to the unextended confines of the penitentiary. Such
29 transfer shall be made only with the consent of the inmate.
30 The willful failure of a prisoner to remain within the
31 extended limits of his or her confinement or to return within
32 the time or manner prescribed to the place of confinement
33 designated by the Department in granting such extension shall
34 be deemed an escape from custody of the Department and
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1 punishable as provided in Section 3-6-4 of the Unified Code
2 of Corrections.
3 14. To provide investigative services, with all of the
4 powers possessed by policemen in cities and sheriffs, in and
5 around all race tracks subject to the Horse Racing Act of
6 1975.
7 15. To expend such sums as the Director deems necessary
8 from Contractual Services appropriations for the Division of
9 Criminal Investigation for the purchase of evidence and for
10 the employment of persons to obtain evidence. Such sums shall
11 be advanced to agents authorized by the Director to expend
12 funds, on vouchers signed by the Director.
13 16. To assist victims and witnesses in gang crime
14 prosecutions through the administration of funds appropriated
15 from the Gang Violence Victims and Witnesses Fund to the
16 Department. Such funds shall be appropriated to the
17 Department and shall only be used to assist victims and
18 witnesses in gang crime prosecutions and such assistance may
19 include any of the following:
20 (a) temporary living costs;
21 (b) moving expenses;
22 (c) closing costs on the sale of private residence;
23 (d) first month's rent;
24 (e) security deposits;
25 (f) apartment location assistance;
26 (g) other expenses which the Department considers
27 appropriate; and
28 (h) compensation for any loss of or injury to real
29 or personal property resulting from a gang crime to a
30 maximum of $5,000, subject to the following provisions:
31 (1) in the case of loss of property, the
32 amount of compensation shall be measured by the
33 replacement cost of similar or like property which
34 has been incurred by and which is substantiated by
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1 the property owner,
2 (2) in the case of injury to property, the
3 amount of compensation shall be measured by the cost
4 of repair incurred and which can be substantiated by
5 the property owner,
6 (3) compensation under this provision is a
7 secondary source of compensation and shall be
8 reduced by any amount the property owner receives
9 from any other source as compensation for the loss
10 or injury, including, but not limited to, personal
11 insurance coverage,
12 (4) no compensation may be awarded if the
13 property owner was an offender or an accomplice of
14 the offender, or if the award would unjustly benefit
15 the offender or offenders, or an accomplice of the
16 offender or offenders.
17 No victim or witness may receive such assistance if he or
18 she is not a part of or fails to fully cooperate in the
19 prosecution of gang crime members by law enforcement
20 authorities.
21 The Department shall promulgate any rules necessary for
22 the implementation of this amendatory Act of 1985.
23 17. To conduct arson investigations.
24 18. To develop a separate statewide statistical police
25 contact record keeping system for the study of juvenile
26 delinquency. The records of this police contact system shall
27 be limited to statistical information. No individually
28 identifiable information shall be maintained in the police
29 contact statistical record system.
30 19. To develop a separate statewide central adjudicatory
31 and dispositional records system for persons under 19 years
32 of age who have been adjudicated delinquent minors and to
33 make information available to local registered participating
34 police youth officers so that police youth officers will be
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1 able to obtain rapid access to the juvenile's background from
2 other jurisdictions to the end that the police youth officers
3 can make appropriate dispositions which will best serve the
4 interest of the child and the community. Information
5 maintained in the adjudicatory and dispositional record
6 system shall be limited to the incidents or offenses for
7 which the minor was adjudicated delinquent by a court, and a
8 copy of the court's dispositional order. All individually
9 identifiable records in the adjudicatory and dispositional
10 records system shall be destroyed when the person reaches 19
11 years of age.
12 20. To develop rules which guarantee the confidentiality
13 of such individually identifiable adjudicatory and
14 dispositional records except when used for the following:
15 (a) by authorized juvenile court personnel or the
16 State's Attorney in connection with proceedings under the
17 Juvenile Court Act of 1987; or
18 (b) inquiries from registered police youth
19 officers.
20 For the purposes of this Act "police youth officer" means
21 a member of a duly organized State, county or municipal
22 police force who is assigned by his or her Superintendent,
23 Sheriff or chief of police, as the case may be, to specialize
24 in youth problems.
25 21. To develop administrative rules and administrative
26 hearing procedures which allow a minor, his or her attorney,
27 and his or her parents or guardian access to individually
28 identifiable adjudicatory and dispositional records for the
29 purpose of determining or challenging the accuracy of the
30 records. Final administrative decisions shall be subject to
31 the provisions of the Administrative Review Law.
32 22. To charge, collect, and receive fees or moneys
33 equivalent to the cost of providing Department of State
34 Police personnel, equipment, and services to local
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1 governmental agencies when explicitly requested by a local
2 governmental agency and pursuant to an intergovernmental
3 agreement as provided by this Section, other State agencies,
4 and federal agencies, including but not limited to fees or
5 moneys equivalent to the cost of providing dispatching
6 services, radio and radar repair, and training to local
7 governmental agencies on such terms and conditions as in the
8 judgment of the Director are in the best interest of the
9 State; and to establish, charge, collect and receive fees or
10 moneys based on the cost of providing responses to requests
11 for criminal history record information pursuant to positive
12 identification and any Illinois or federal law authorizing
13 access to some aspect of such information and to prescribe
14 the form and manner for requesting and furnishing such
15 information to the requestor on such terms and conditions as
16 in the judgment of the Director are in the best interest of
17 the State, provided fees for requesting and furnishing
18 criminal history record information may be waived for
19 requests in the due administration of the criminal laws. The
20 Department may also charge, collect and receive fees or
21 moneys equivalent to the cost of providing electronic data
22 processing lines or related telecommunication services to
23 local governments, but only when such services can be
24 provided by the Department at a cost less than that
25 experienced by said local governments through other means.
26 All services provided by the Department shall be conducted
27 pursuant to contracts in accordance with the
28 Intergovernmental Cooperation Act, and all telecommunication
29 services shall be provided pursuant to the provisions of
30 Section 67.18 of this Code.
31 All fees received by the Department of State Police under
32 this Act or the Illinois Uniform Conviction Information Act
33 shall be deposited in a special fund in the State Treasury to
34 be known as the State Police Services Fund. The money
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1 deposited in the State Police Services Fund shall be
2 appropriated to the Department of State Police for expenses
3 of the Department of State Police.
4 Upon the completion of any audit of the Department of
5 State Police as prescribed by the Illinois State Auditing
6 Act, which audit includes an audit of the State Police
7 Services Fund, the Department of State Police shall make the
8 audit open to inspection by any interested person.
9 23. To exercise the powers and perform the duties which
10 have been vested in the Department of State Police by the
11 Intergovernmental Missing Child Recovery Act of 1984, and to
12 establish reasonable rules and regulations necessitated
13 thereby.
14 24. (a) To establish and maintain a statewide Law
15 Enforcement Agencies Data System (LEADS) for the purpose of
16 providing electronic access by authorized entities to
17 criminal justice data repositories and effecting an immediate
18 law enforcement response to reports of missing persons,
19 including lost, missing or runaway minors. The Department
20 shall implement an automatic data exchange system to compile,
21 to maintain and to make available to other law enforcement
22 agencies for immediate dissemination data which can assist
23 appropriate agencies in recovering missing persons and
24 provide access by authorized entities to various data
25 repositories available through LEADS for criminal justice and
26 related purposes. To assist the Department in this effort,
27 funds may be appropriated from the LEADS Maintenance Fund.
28 (b) In exercising its duties under this subsection, the
29 Department shall:
30 (1) provide a uniform reporting format for the
31 entry of pertinent information regarding the report of a
32 missing person into LEADS;
33 (2) develop and implement a policy whereby a
34 statewide or regional alert would be used in situations
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1 relating to the disappearances of individuals, based on
2 criteria and in a format established by the Department.
3 Such a format shall include, but not be limited to, the
4 age of the missing person and the suspected circumstance
5 of the disappearance;
6 (3) notify all law enforcement agencies that
7 reports of missing persons shall be entered as soon as
8 the minimum level of data specified by the Department is
9 available to the reporting agency, and that no waiting
10 period for the entry of such data exists;
11 (4) compile and retain information regarding lost,
12 abducted, missing or runaway minors in a separate data
13 file, in a manner that allows such information to be used
14 by law enforcement and other agencies deemed appropriate
15 by the Director, for investigative purposes. Such
16 information shall include the disposition of all reported
17 lost, abducted, missing or runaway minor cases;
18 (5) compile and maintain an historic data
19 repository relating to lost, abducted, missing or runaway
20 minors and other missing persons in order to develop and
21 improve techniques utilized by law enforcement agencies
22 when responding to reports of missing persons; and
23 (6) create a quality control program regarding
24 confirmation of missing person data, timeliness of
25 entries of missing person reports into LEADS and
26 performance audits of all entering agencies.
27 25. On request of a school board or regional
28 superintendent of schools, to conduct an inquiry pursuant to
29 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
30 an applicant for employment in a school district has been
31 convicted of any criminal or drug offenses enumerated in
32 Section 10-21.9 or 34-18.5 of the School Code. The
33 Department shall furnish such conviction information to the
34 President of the school board of the school district which
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1 has requested the information, or if the information was
2 requested by the regional superintendent to that regional
3 superintendent.
4 26. To promulgate rules and regulations necessary for
5 the administration and enforcement of its powers and duties,
6 wherever granted and imposed, pursuant to the Illinois
7 Administrative Procedure Act.
8 27. To (a) promulgate rules pertaining to the
9 certification, revocation of certification and training of
10 law enforcement officers as electronic criminal surveillance
11 officers, (b) provide training and technical assistance to
12 State's Attorneys and local law enforcement agencies
13 pertaining to the interception of private oral
14 communications, (c) promulgate rules necessary for the
15 administration of Article 108B of the Code of Criminal
16 Procedure of 1963, including but not limited to standards for
17 recording and minimization of electronic criminal
18 surveillance intercepts, documentation required to be
19 maintained during an intercept, procedures in relation to
20 evidence developed by an intercept, and (d) charge a
21 reasonable fee to each law enforcement agency that sends
22 officers to receive training as electronic criminal
23 surveillance officers.
24 28. Upon the request of any private organization which
25 devotes a major portion of its time to the provision of
26 recreational, social, educational or child safety services to
27 children, to conduct, pursuant to positive identification,
28 criminal background investigations of all of that
29 organization's current employees, current volunteers,
30 prospective employees or prospective volunteers charged with
31 the care and custody of children during the provision of the
32 organization's services, and to report to the requesting
33 organization any record of convictions maintained in the
34 Department's files about such persons. The Department shall
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1 charge an application fee, based on actual costs, for the
2 dissemination of conviction information pursuant to this
3 subsection. The Department is empowered to establish this
4 fee and shall prescribe the form and manner for requesting
5 and furnishing conviction information pursuant to this
6 subsection. Information received by the organization from the
7 Department concerning an individual shall be provided to such
8 individual. Any such information obtained by the
9 organization shall be confidential and may not be transmitted
10 outside the organization and may not be transmitted to anyone
11 within the organization except as needed for the purpose of
12 evaluating the individual. Only information and standards
13 which bear a reasonable and rational relation to the
14 performance of child care shall be used by the organization.
15 Any employee of the Department or any member, employee or
16 volunteer of the organization receiving confidential
17 information under this subsection who gives or causes to be
18 given any confidential information concerning any criminal
19 convictions of an individual shall be guilty of a Class A
20 misdemeanor unless release of such information is authorized
21 by this subsection.
22 29. Upon the request of the Department of Children and
23 Family Services, to investigate reports of child abuse or
24 neglect.
25 30. To obtain registration of a fictitious vital record
26 pursuant to Section 15.1 of the Vital Records Act.
27 31. To collect and disseminate information relating to
28 "hate crimes" as defined under Section 12-7.1 of the Criminal
29 Code of 1961 contingent upon the availability of State or
30 Federal funds to revise and upgrade the Illinois Uniform
31 Crime Reporting System. All law enforcement agencies shall
32 report monthly to the Department of State Police concerning
33 such offenses in such form and in such manner as may be
34 prescribed by rules and regulations adopted by the Department
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1 of State Police. Such information shall be compiled by the
2 Department and be disseminated upon request to any local law
3 enforcement agency, unit of local government, or state
4 agency. Dissemination of such information shall be subject
5 to all confidentiality requirements otherwise imposed by law.
6 The Department of State Police shall provide training for
7 State Police officers in identifying, responding to, and
8 reporting all hate crimes. The Illinois Local Governmental
9 Law Enforcement Officer's Training Standards Board shall
10 develop and certify a course of such training to be made
11 available to local law enforcement officers.
12 32. Upon the request of a private carrier company that
13 provides transportation under Section 28b of the Metropolitan
14 Transit Authority Act, to ascertain if an applicant for a
15 driver position has been convicted of any criminal or drug
16 offense enumerated in Section 28b of the Metropolitan Transit
17 Authority Act. The Department shall furnish the conviction
18 information to the private carrier company that requested the
19 information.
20 33. To apply for grants or contracts, receive, expend,
21 allocate, or disburse funds and moneys made available by
22 public or private entities, including, but not limited to,
23 contracts, bequests, grants, or receiving equipment from
24 corporations, foundations, or public or private institutions
25 of higher learning. All funds received by the Department
26 from these sources shall be deposited into the appropriate
27 fund in the State Treasury to be appropriated to the
28 Department for purposes as indicated by the grantor or
29 contractor or, in the case of funds or moneys bequeathed or
30 granted for no specific purpose, for any purpose as deemed
31 appropriate by the Director in administering the
32 responsibilities of the Department.
33 34. Upon the request of the Department of Children and
34 Family Services, the Department of State Police shall provide
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1 properly designated employees of the Department of Children
2 and Family Services with criminal history record information
3 as defined in the Illinois Uniform Conviction Information Act
4 and information maintained in the adjudicatory and
5 dispositional record system as defined in subdivision (A)19
6 of this Section if the Department of Children and Family
7 Services determines the information is necessary to perform
8 its duties under the Abused and Neglected Child Reporting
9 Act, the Child Care Act of 1969, and the Children and Family
10 Services Act. The request shall be in the form and manner
11 specified by the Department of State Police.
12 35. The Attorney General Illinois Department of Public
13 Aid is an authorized entity under this Section for the
14 purpose of obtaining access to various data repositories
15 available through LEADS, to facilitate the location of
16 individuals for establishing paternity, and establishing,
17 modifying, and enforcing child support obligations, pursuant
18 to Sections 7.1 through 7.295 of the Attorney General Act the
19 Illinois Public Aid Code and Title IV, Part D of the Social
20 Security Act. The Department shall enter into an agreement
21 with the Attorney General Illinois Department of Public Aid
22 consistent with these purposes.
23 36. Upon request of the Department of Human Services, to
24 conduct an assessment and evaluation of sexually violent
25 persons as mandated by the Sexually Violent Persons
26 Commitment Act, the Department shall furnish criminal history
27 information maintained on the requested person. The request
28 shall be in the form and manner specified by the Department.
29 (B) The Department of State Police may establish and
30 maintain, within the Department of State Police, a Statewide
31 Organized Criminal Gang Database (SWORD) for the purpose of
32 tracking organized criminal gangs and their memberships.
33 Information in the database may include, but not be limited
34 to, the name, last known address, birth date, physical
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1 descriptions (such as scars, marks, or tattoos), officer
2 safety information, organized gang affiliation, and entering
3 agency identifier. The Department may develop, in
4 consultation with the Criminal Justice Information Authority,
5 and in a form and manner prescribed by the Department, an
6 automated data exchange system to compile, to maintain, and
7 to make this information electronically available to
8 prosecutors and to other law enforcement agencies. The
9 information may be used by authorized agencies to combat the
10 operations of organized criminal gangs statewide.
11 (C) The Department of State Police may ascertain the
12 number of bilingual police officers and other personnel
13 needed to provide services in a language other than English
14 and may establish, under applicable personnel rules and
15 Department guidelines or through a collective bargaining
16 agreement, a bilingual pay supplement program.
17 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
18 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
19 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
20 (Text of Section after amendment by P.A. 90-590)
21 Sec. 55a. Powers and duties.
22 (A) The Department of State Police shall have the
23 following powers and duties, and those set forth in Sections
24 55a-1 through 55c:
25 1. To exercise the rights, powers and duties which have
26 been vested in the Department of Public Safety by the State
27 Police Act.
28 2. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the State
30 Police Radio Act.
31 3. To exercise the rights, powers and duties which have
32 been vested in the Department of Public Safety by the
33 Criminal Identification Act.
34 4. To (a) investigate the origins, activities, personnel
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1 and incidents of crime and the ways and means to redress the
2 victims of crimes, and study the impact, if any, of
3 legislation relative to the effusion of crime and growing
4 crime rates, and enforce the criminal laws of this State
5 related thereto, (b) enforce all laws regulating the
6 production, sale, prescribing, manufacturing, administering,
7 transporting, having in possession, dispensing, delivering,
8 distributing, or use of controlled substances and cannabis,
9 (c) employ skilled experts, scientists, technicians,
10 investigators or otherwise specially qualified persons to aid
11 in preventing or detecting crime, apprehending criminals, or
12 preparing and presenting evidence of violations of the
13 criminal laws of the State, (d) cooperate with the police of
14 cities, villages and incorporated towns, and with the police
15 officers of any county, in enforcing the laws of the State
16 and in making arrests and recovering property, (e) apprehend
17 and deliver up any person charged in this State or any other
18 State of the United States with treason, felony, or other
19 crime, who has fled from justice and is found in this State,
20 and (f) conduct such other investigations as may be provided
21 by law. Persons exercising these powers within the Department
22 are conservators of the peace and as such have all the powers
23 possessed by policemen in cities and sheriffs, except that
24 they may exercise such powers anywhere in the State in
25 cooperation with and after contact with the local law
26 enforcement officials. Such persons may use false or
27 fictitious names in the performance of their duties under
28 this paragraph, upon approval of the Director, and shall not
29 be subject to prosecution under the criminal laws for such
30 use.
31 5. To: (a) be a central repository and custodian of
32 criminal statistics for the State, (b) be a central
33 repository for criminal history record information, (c)
34 procure and file for record such information as is necessary
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1 and helpful to plan programs of crime prevention, law
2 enforcement and criminal justice, (d) procure and file for
3 record such copies of fingerprints, as may be required by
4 law, (e) establish general and field crime laboratories, (f)
5 register and file for record such information as may be
6 required by law for the issuance of firearm owner's
7 identification cards, (g) employ polygraph operators,
8 laboratory technicians and other specially qualified persons
9 to aid in the identification of criminal activity, and (h)
10 undertake such other identification, information, laboratory,
11 statistical or registration activities as may be required by
12 law.
13 6. To (a) acquire and operate one or more radio
14 broadcasting stations in the State to be used for police
15 purposes, (b) operate a statewide communications network to
16 gather and disseminate information for law enforcement
17 agencies, (c) operate an electronic data processing and
18 computer center for the storage and retrieval of data
19 pertaining to criminal activity, and (d) undertake such other
20 communication activities as may be required by law.
21 7. To provide, as may be required by law, assistance to
22 local law enforcement agencies through (a) training,
23 management and consultant services for local law enforcement
24 agencies, and (b) the pursuit of research and the publication
25 of studies pertaining to local law enforcement activities.
26 8. To exercise the rights, powers and duties which have
27 been vested in the Department of State Police and the
28 Director of the Department of State Police by the Narcotic
29 Control Division Abolition Act.
30 9. To exercise the rights, powers and duties which have
31 been vested in the Department of Public Safety by the
32 Illinois Vehicle Code.
33 10. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the Firearm
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1 Owners Identification Card Act.
2 11. To enforce and administer such other laws in
3 relation to law enforcement as may be vested in the
4 Department.
5 12. To transfer jurisdiction of any realty title to
6 which is held by the State of Illinois under the control of
7 the Department to any other department of the State
8 government or to the State Employees Housing Commission, or
9 to acquire or accept Federal land, when such transfer,
10 acquisition or acceptance is advantageous to the State and is
11 approved in writing by the Governor.
12 13. With the written approval of the Governor, to enter
13 into agreements with other departments created by this Act,
14 for the furlough of inmates of the penitentiary to such other
15 departments for their use in research programs being
16 conducted by them.
17 For the purpose of participating in such research
18 projects, the Department may extend the limits of any
19 inmate's place of confinement, when there is reasonable cause
20 to believe that the inmate will honor his or her trust by
21 authorizing the inmate, under prescribed conditions, to leave
22 the confines of the place unaccompanied by a custodial agent
23 of the Department. The Department shall make rules governing
24 the transfer of the inmate to the requesting other department
25 having the approved research project, and the return of such
26 inmate to the unextended confines of the penitentiary. Such
27 transfer shall be made only with the consent of the inmate.
28 The willful failure of a prisoner to remain within the
29 extended limits of his or her confinement or to return within
30 the time or manner prescribed to the place of confinement
31 designated by the Department in granting such extension shall
32 be deemed an escape from custody of the Department and
33 punishable as provided in Section 3-6-4 of the Unified Code
34 of Corrections.
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1 14. To provide investigative services, with all of the
2 powers possessed by policemen in cities and sheriffs, in and
3 around all race tracks subject to the Horse Racing Act of
4 1975.
5 15. To expend such sums as the Director deems necessary
6 from Contractual Services appropriations for the Division of
7 Criminal Investigation for the purchase of evidence and for
8 the employment of persons to obtain evidence. Such sums shall
9 be advanced to agents authorized by the Director to expend
10 funds, on vouchers signed by the Director.
11 16. To assist victims and witnesses in gang crime
12 prosecutions through the administration of funds appropriated
13 from the Gang Violence Victims and Witnesses Fund to the
14 Department. Such funds shall be appropriated to the
15 Department and shall only be used to assist victims and
16 witnesses in gang crime prosecutions and such assistance may
17 include any of the following:
18 (a) temporary living costs;
19 (b) moving expenses;
20 (c) closing costs on the sale of private residence;
21 (d) first month's rent;
22 (e) security deposits;
23 (f) apartment location assistance;
24 (g) other expenses which the Department considers
25 appropriate; and
26 (h) compensation for any loss of or injury to real
27 or personal property resulting from a gang crime to a
28 maximum of $5,000, subject to the following provisions:
29 (1) in the case of loss of property, the
30 amount of compensation shall be measured by the
31 replacement cost of similar or like property which
32 has been incurred by and which is substantiated by
33 the property owner,
34 (2) in the case of injury to property, the
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1 amount of compensation shall be measured by the cost
2 of repair incurred and which can be substantiated by
3 the property owner,
4 (3) compensation under this provision is a
5 secondary source of compensation and shall be
6 reduced by any amount the property owner receives
7 from any other source as compensation for the loss
8 or injury, including, but not limited to, personal
9 insurance coverage,
10 (4) no compensation may be awarded if the
11 property owner was an offender or an accomplice of
12 the offender, or if the award would unjustly benefit
13 the offender or offenders, or an accomplice of the
14 offender or offenders.
15 No victim or witness may receive such assistance if he or
16 she is not a part of or fails to fully cooperate in the
17 prosecution of gang crime members by law enforcement
18 authorities.
19 The Department shall promulgate any rules necessary for
20 the implementation of this amendatory Act of 1985.
21 17. To conduct arson investigations.
22 18. To develop a separate statewide statistical police
23 contact record keeping system for the study of juvenile
24 delinquency. The records of this police contact system shall
25 be limited to statistical information. No individually
26 identifiable information shall be maintained in the police
27 contact statistical record system.
28 19. To develop a separate statewide central juvenile
29 records system for persons arrested prior to the age of 17
30 under Section 5-401 of the Juvenile Court Act of 1987 or
31 adjudicated delinquent minors and to make information
32 available to local law enforcement officers so that law
33 enforcement officers will be able to obtain rapid access to
34 the background of the minor from other jurisdictions to the
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1 end that the juvenile police officers can make appropriate
2 decisions which will best serve the interest of the child and
3 the community. The Department shall submit a quarterly
4 report to the General Assembly and Governor which shall
5 contain the number of juvenile records that the Department
6 has received in that quarter and, a list, by category, of
7 offenses that minors were arrested for or convicted of by
8 age, race and gender.
9 20. To develop rules which guarantee the confidentiality
10 of such individually identifiable juvenile records except to
11 juvenile authorities who request information concerning the
12 minor and who certify in writing that the information will
13 not be disclosed to any other party except as provided under
14 law or order of court. For purposes of this Section,
15 "juvenile authorities" means: (i) a judge of the circuit
16 court and members of the staff of the court designated by the
17 judge; (ii) parties to the proceedings under the Juvenile
18 Court Act of 1987 and their attorneys; (iii) probation
19 officers and court appointed advocates for the juvenile
20 authorized by the judge hearing the case; (iv) any individual
21 or, public or of private agency having custody of the child
22 pursuant to court order; (v) any individual or, public or
23 private agency providing education, medical or mental health
24 service to the child when the requested information is needed
25 to determine the appropriate service or treatment for the
26 minor; (vi) any potential placement provider when such
27 release is authorized by the court for the limited purpose of
28 determining the appropriateness of the potential placement;
29 (vii) law enforcement officers and prosecutors; (viii) adult
30 and juvenile prisoner review boards; (ix) authorized military
31 personnel; (x) individuals authorized by court; (xi) the
32 Illinois General Assembly or any committee or commission
33 thereof.
34 21. To develop administrative rules and administrative
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1 hearing procedures which allow a minor, his or her attorney,
2 and his or her parents or guardian access to individually
3 identifiable juvenile records for the purpose of determining
4 or challenging the accuracy of the records. Final
5 administrative decisions shall be subject to the provisions
6 of the Administrative Review Law.
7 22. To charge, collect, and receive fees or moneys
8 equivalent to the cost of providing Department of State
9 Police personnel, equipment, and services to local
10 governmental agencies when explicitly requested by a local
11 governmental agency and pursuant to an intergovernmental
12 agreement as provided by this Section, other State agencies,
13 and federal agencies, including but not limited to fees or
14 moneys equivalent to the cost of providing dispatching
15 services, radio and radar repair, and training to local
16 governmental agencies on such terms and conditions as in the
17 judgment of the Director are in the best interest of the
18 State; and to establish, charge, collect and receive fees or
19 moneys based on the cost of providing responses to requests
20 for criminal history record information pursuant to positive
21 identification and any Illinois or federal law authorizing
22 access to some aspect of such information and to prescribe
23 the form and manner for requesting and furnishing such
24 information to the requestor on such terms and conditions as
25 in the judgment of the Director are in the best interest of
26 the State, provided fees for requesting and furnishing
27 criminal history record information may be waived for
28 requests in the due administration of the criminal laws. The
29 Department may also charge, collect and receive fees or
30 moneys equivalent to the cost of providing electronic data
31 processing lines or related telecommunication services to
32 local governments, but only when such services can be
33 provided by the Department at a cost less than that
34 experienced by said local governments through other means.
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1 All services provided by the Department shall be conducted
2 pursuant to contracts in accordance with the
3 Intergovernmental Cooperation Act, and all telecommunication
4 services shall be provided pursuant to the provisions of
5 Section 67.18 of this Code.
6 All fees received by the Department of State Police under
7 this Act or the Illinois Uniform Conviction Information Act
8 shall be deposited in a special fund in the State Treasury to
9 be known as the State Police Services Fund. The money
10 deposited in the State Police Services Fund shall be
11 appropriated to the Department of State Police for expenses
12 of the Department of State Police.
13 Upon the completion of any audit of the Department of
14 State Police as prescribed by the Illinois State Auditing
15 Act, which audit includes an audit of the State Police
16 Services Fund, the Department of State Police shall make the
17 audit open to inspection by any interested person.
18 23. To exercise the powers and perform the duties which
19 have been vested in the Department of State Police by the
20 Intergovernmental Missing Child Recovery Act of 1984, and to
21 establish reasonable rules and regulations necessitated
22 thereby.
23 24. (a) To establish and maintain a statewide Law
24 Enforcement Agencies Data System (LEADS) for the purpose of
25 providing electronic access by authorized entities to
26 criminal justice data repositories and effecting an immediate
27 law enforcement response to reports of missing persons,
28 including lost, missing or runaway minors. The Department
29 shall implement an automatic data exchange system to compile,
30 to maintain and to make available to other law enforcement
31 agencies for immediate dissemination data which can assist
32 appropriate agencies in recovering missing persons and
33 provide access by authorized entities to various data
34 repositories available through LEADS for criminal justice and
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1 related purposes. To assist the Department in this effort,
2 funds may be appropriated from the LEADS Maintenance Fund.
3 (b) In exercising its duties under this subsection, the
4 Department shall:
5 (1) provide a uniform reporting format for the
6 entry of pertinent information regarding the report of a
7 missing person into LEADS;
8 (2) develop and implement a policy whereby a
9 statewide or regional alert would be used in situations
10 relating to the disappearances of individuals, based on
11 criteria and in a format established by the Department.
12 Such a format shall include, but not be limited to, the
13 age of the missing person and the suspected circumstance
14 of the disappearance;
15 (3) notify all law enforcement agencies that
16 reports of missing persons shall be entered as soon as
17 the minimum level of data specified by the Department is
18 available to the reporting agency, and that no waiting
19 period for the entry of such data exists;
20 (4) compile and retain information regarding lost,
21 abducted, missing or runaway minors in a separate data
22 file, in a manner that allows such information to be used
23 by law enforcement and other agencies deemed appropriate
24 by the Director, for investigative purposes. Such
25 information shall include the disposition of all reported
26 lost, abducted, missing or runaway minor cases;
27 (5) compile and maintain an historic data
28 repository relating to lost, abducted, missing or runaway
29 minors and other missing persons in order to develop and
30 improve techniques utilized by law enforcement agencies
31 when responding to reports of missing persons; and
32 (6) create a quality control program regarding
33 confirmation of missing person data, timeliness of
34 entries of missing person reports into LEADS and
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1 performance audits of all entering agencies.
2 25. On request of a school board or regional
3 superintendent of schools, to conduct an inquiry pursuant to
4 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
5 an applicant for employment in a school district has been
6 convicted of any criminal or drug offenses enumerated in
7 Section 10-21.9 or 34-18.5 of the School Code. The
8 Department shall furnish such conviction information to the
9 President of the school board of the school district which
10 has requested the information, or if the information was
11 requested by the regional superintendent to that regional
12 superintendent.
13 26. To promulgate rules and regulations necessary for
14 the administration and enforcement of its powers and duties,
15 wherever granted and imposed, pursuant to the Illinois
16 Administrative Procedure Act.
17 27. To (a) promulgate rules pertaining to the
18 certification, revocation of certification and training of
19 law enforcement officers as electronic criminal surveillance
20 officers, (b) provide training and technical assistance to
21 State's Attorneys and local law enforcement agencies
22 pertaining to the interception of private oral
23 communications, (c) promulgate rules necessary for the
24 administration of Article 108B of the Code of Criminal
25 Procedure of 1963, including but not limited to standards for
26 recording and minimization of electronic criminal
27 surveillance intercepts, documentation required to be
28 maintained during an intercept, procedures in relation to
29 evidence developed by an intercept, and (d) charge a
30 reasonable fee to each law enforcement agency that sends
31 officers to receive training as electronic criminal
32 surveillance officers.
33 28. Upon the request of any private organization which
34 devotes a major portion of its time to the provision of
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1 recreational, social, educational or child safety services to
2 children, to conduct, pursuant to positive identification,
3 criminal background investigations of all of that
4 organization's current employees, current volunteers,
5 prospective employees or prospective volunteers charged with
6 the care and custody of children during the provision of the
7 organization's services, and to report to the requesting
8 organization any record of convictions maintained in the
9 Department's files about such persons. The Department shall
10 charge an application fee, based on actual costs, for the
11 dissemination of conviction information pursuant to this
12 subsection. The Department is empowered to establish this
13 fee and shall prescribe the form and manner for requesting
14 and furnishing conviction information pursuant to this
15 subsection. Information received by the organization from the
16 Department concerning an individual shall be provided to such
17 individual. Any such information obtained by the
18 organization shall be confidential and may not be transmitted
19 outside the organization and may not be transmitted to anyone
20 within the organization except as needed for the purpose of
21 evaluating the individual. Only information and standards
22 which bear a reasonable and rational relation to the
23 performance of child care shall be used by the organization.
24 Any employee of the Department or any member, employee or
25 volunteer of the organization receiving confidential
26 information under this subsection who gives or causes to be
27 given any confidential information concerning any criminal
28 convictions of an individual shall be guilty of a Class A
29 misdemeanor unless release of such information is authorized
30 by this subsection.
31 29. Upon the request of the Department of Children and
32 Family Services, to investigate reports of child abuse or
33 neglect.
34 30. To obtain registration of a fictitious vital record
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1 pursuant to Section 15.1 of the Vital Records Act.
2 31. To collect and disseminate information relating to
3 "hate crimes" as defined under Section 12-7.1 of the Criminal
4 Code of 1961 contingent upon the availability of State or
5 Federal funds to revise and upgrade the Illinois Uniform
6 Crime Reporting System. All law enforcement agencies shall
7 report monthly to the Department of State Police concerning
8 such offenses in such form and in such manner as may be
9 prescribed by rules and regulations adopted by the Department
10 of State Police. Such information shall be compiled by the
11 Department and be disseminated upon request to any local law
12 enforcement agency, unit of local government, or state
13 agency. Dissemination of such information shall be subject
14 to all confidentiality requirements otherwise imposed by law.
15 The Department of State Police shall provide training for
16 State Police officers in identifying, responding to, and
17 reporting all hate crimes. The Illinois Law Enforcement
18 Training Standards Board shall develop and certify a course
19 of such training to be made available to local law
20 enforcement officers.
21 32. Upon the request of a private carrier company that
22 provides transportation under Section 28b of the Metropolitan
23 Transit Authority Act, to ascertain if an applicant for a
24 driver position has been convicted of any criminal or drug
25 offense enumerated in Section 28b of the Metropolitan Transit
26 Authority Act. The Department shall furnish the conviction
27 information to the private carrier company that requested the
28 information.
29 33. To apply for grants or contracts, receive, expend,
30 allocate, or disburse funds and moneys made available by
31 public or private entities, including, but not limited to,
32 contracts, bequests, grants, or receiving equipment from
33 corporations, foundations, or public or private institutions
34 of higher learning. All funds received by the Department
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1 from these sources shall be deposited into the appropriate
2 fund in the State Treasury to be appropriated to the
3 Department for purposes as indicated by the grantor or
4 contractor or, in the case of funds or moneys bequeathed or
5 granted for no specific purpose, for any purpose as deemed
6 appropriate by the Director in administering the
7 responsibilities of the Department.
8 34. Upon the request of the Department of Children and
9 Family Services, the Department of State Police shall provide
10 properly designated employees of the Department of Children
11 and Family Services with criminal history record information
12 as defined in the Illinois Uniform Conviction Information Act
13 and information maintained in the Statewide Central Juvenile
14 record system as defined in subdivision (A)19 of this Section
15 if the Department of Children and Family Services determines
16 the information is necessary to perform its duties under the
17 Abused and Neglected Child Reporting Act, the Child Care Act
18 of 1969, and the Children and Family Services Act. The
19 request shall be in the form and manner specified by the
20 Department of State Police.
21 35. The Attorney General Illinois Department of Public
22 Aid is an authorized entity under this Section for the
23 purpose of exchanging information, in the form and manner
24 required by the Department of State Police, obtaining access
25 to various data repositories available through LEADS, to
26 facilitate the location of individuals for establishing
27 paternity, and establishing, modifying, and enforcing child
28 support obligations, pursuant to Sections 7.1 through 7.295
29 of the Attorney General Act the Illinois Public Aid Code and
30 Title IV, Part Section D of the Social Security Act. The
31 Department shall enter into an agreement with the Illinois
32 Department of Public Aid consistent with these purposes.
33 36. Upon request of the Department of Human Services, to
34 conduct an assessment and evaluation of sexually violent
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1 persons as mandated by the Sexually Violent Persons
2 Commitment Act, the Department shall furnish criminal history
3 information maintained on the requested person. The request
4 shall be in the form and manner specified by the Department.
5 (B) The Department of State Police may establish and
6 maintain, within the Department of State Police, a Statewide
7 Organized Criminal Gang Database (SWORD) for the purpose of
8 tracking organized criminal gangs and their memberships.
9 Information in the database may include, but not be limited
10 to, the name, last known address, birth date, physical
11 descriptions (such as scars, marks, or tattoos), officer
12 safety information, organized gang affiliation, and entering
13 agency identifier. The Department may develop, in
14 consultation with the Criminal Justice Information Authority,
15 and in a form and manner prescribed by the Department, an
16 automated data exchange system to compile, to maintain, and
17 to make this information electronically available to
18 prosecutors and to other law enforcement agencies. The
19 information may be used by authorized agencies to combat the
20 operations of organized criminal gangs statewide.
21 (C) The Department of State Police may ascertain the
22 number of bilingual police officers and other personnel
23 needed to provide services in a language other than English
24 and may establish, under applicable personnel rules and
25 Department guidelines or through a collective bargaining
26 agreement, a bilingual pay supplement program.
27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
30 1-21-99.)
31 Section 24. The Illinois Banking Act is amended by
32 changing Section 48.4 as follows:
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1 (205 ILCS 5/48.4)
2 Sec. 48.4. Administrative liens for past-due child
3 support. Any bank governed by this Act shall encumber or
4 surrender accounts or assets held by the bank on behalf of
5 any responsible relative who is subject to a child support
6 lien, upon notice of the lien or levy of the Illinois
7 Department of Public Aid or its successor agency pursuant to
8 Section 10-25.5 of the Illinois Public Aid Code or Section
9 7.290 fo the Attorney General Act, or upon notice of
10 interstate lien from any other state's agency responsible for
11 implementing the child support enforcement program set forth
12 in Title IV, Part D of the Social Security Act.
13 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
14 Section 25. The Illinois Savings and Loan Act of 1985 is
15 amended by changing Section 1-6d as follows:
16 (205 ILCS 105/1-6d)
17 Sec. 1-6d. Administrative liens for past-due child
18 support. Any association governed by this Act shall encumber
19 or surrender accounts or assets held by the association on
20 behalf of any responsible relative who is subject to a child
21 support lien, upon notice of the lien or levy of the Illinois
22 Department of Public Aid or its successor agency pursuant to
23 Section 10-25.5 of the Illinois Public Aid Code or Section
24 7.290 of the Attorney General Act, or upon notice of
25 interstate lien from any other state's agency responsible for
26 implementing the child support enforcement program set forth
27 in Title IV, Part D of the Social Security Act.
28 (Source: P.A. 90-18, eff. 7-1-97.)
29 Section 26. The Savings Bank Act is amended by changing
30 Section 7007 as follows:
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1 (205 ILCS 205/7007)
2 Sec. 7007. Administrative liens for past-due child
3 support. Any savings bank governed by this Act shall
4 encumber or surrender accounts or assets held by the savings
5 bank on behalf of any responsible relative who is subject to
6 a child support lien, upon notice of the lien or levy of the
7 Illinois Department of Public Aid or its successor agency
8 pursuant to Section 10-25.5 of the Illinois Public Aid Code
9 or Section 7.290 of the Attorney General Act, or upon notice
10 of interstate lien from any other state's agency responsible
11 for implementing the child support enforcement program set
12 forth in Title IV, Part D of the Social Security Act.
13 (Source: P.A. 90-18, eff. 7-1-97.)
14 Section 27. The Illinois Credit Union Act is amended by
15 changing Section 43.1 as follows:
16 (205 ILCS 305/43.1)
17 Sec. 43.1. Administrative liens for past-due child
18 support. Any credit union governed by this Act shall
19 encumber or surrender accounts or assets held by the credit
20 union on behalf of any responsible relative who is subject to
21 a child support lien, upon notice of the lien or levy of the
22 Illinois Department of Public Aid or its successor agency
23 pursuant to Section 10-25.5 of the Illinois Public Aid Code
24 or Section 7.290 of the Attorney General Act, or upon notice
25 of interstate lien from any other state's agency responsible
26 for implementing the child support enforcement program set
27 forth in Title IV, Part D of the Social Security Act.
28 (Source: P.A. 90-18, eff. 7-1-97.)
29 Section 28. The Foreign Banking Office Act is amended by
30 changing Section 20 as follows:
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1 (205 ILCS 645/20)
2 Sec. 20. Administrative liens for past-due child
3 support. Any foreign banking corporation governed by this
4 Act shall encumber or surrender accounts or assets held by
5 the foreign banking corporation on behalf of any responsible
6 relative who is subject to a child support lien, upon notice
7 of the lien or levy of the Illinois Department of Public Aid
8 or its successor agency pursuant to Section 10-25.5 of the
9 Illinois Public Aid Code or Section 7.290 of the Attorney
10 General Act, or upon notice of interstate lien from any other
11 state's agency responsible for implementing the child support
12 enforcement program set forth in Title IV, Part D of the
13 Social Security Act.
14 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
15 Section 29. The Illinois Insurance Code is amended by
16 changing Sections 238, 238.1, 299.1a, 299.1b, and 337.1 as
17 follows:
18 (215 ILCS 5/238) (from Ch. 73, par. 850)
19 Sec. 238. Exemption.
20 (a) All proceeds payable because of the death of the
21 insured and the aggregate net cash value of any or all life
22 and endowment policies and annuity contracts payable to a
23 wife or husband of the insured, or to a child, parent or
24 other person dependent upon the insured, whether the power to
25 change the beneficiary is reserved to the insured or not, and
26 whether the insured or his estate is a contingent beneficiary
27 or not, shall be exempt from execution, attachment,
28 garnishment or other process, for the debts or liabilities of
29 the insured incurred subsequent to the effective date of this
30 Code, except as to premiums paid in fraud of creditors within
31 the period limited by law for the recovery thereof.
32 (b) Any insurance company doing business in this State
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1 and governed by this Code shall encumber or surrender
2 accounts as defined in Section 10-24 of the Illinois Public
3 Aid Code or Section 7.255 of the Attorney General Act held by
4 the insurance company owned by any responsible relative who
5 is subject to a child support lien, upon notice of the lien
6 or levy by the Illinois Department of Public Aid or its
7 successor agency pursuant to Section 10-25.5 of the Illinois
8 Public Aid Code or Section 7.290 of the Attorney General Act,
9 or upon notice of interstate lien from any other state's
10 agency responsible for implementing the child support
11 enforcement program set forth in Title IV, Part D of the
12 Social Security Act.
13 This Section does not prohibit the furnishing of
14 information in accordance with the federal Personal
15 Responsibility and Work Opportunity Reconciliation Act of
16 1996. Any insurance company governed by this Code shall
17 enter into an agreement for data exchanges with the
18 Department of Public Aid or the Attorney General provided the
19 Department of Public Aid or the Attorney General pays to the
20 insurance company a reasonable fee not to exceed its actual
21 cost incurred. An insurance company providing information in
22 accordance with this item shall not be liable to any owner of
23 an account as defined in Section 10-24 of the Illinois Public
24 Aid Code or Section 7.255 of the Attorney General Act or
25 other person for any disclosure of information to the
26 Department of Public Aid or Attorney General, for encumbering
27 or surrendering any accounts as defined in Section 10-24 of
28 the Illinois Public Aid Code or Section 7.255 of the Attorney
29 General Act held by the insurance company in response to a
30 lien or order to withhold and deliver issued by a State
31 agency, or for any other action taken pursuant to this item,
32 including individual or mechanical errors, provided the
33 action does not constitute gross negligence or willful
34 misconduct. An insurance company shall have no obligation to
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1 hold, encumber, or surrender any accounts as defined in
2 Section 10-24 of the Illinois Public Aid Code or Section
3 7.255 of the Attorney general Act until it has been served
4 with a subpoena, summons, warrant, court or administrative
5 order, lien, or levy requiring that action.
6 (Source: P.A. 90-18, eff. 7-1-97.)
7 (215 ILCS 5/238.1)
8 Sec. 238.1. Data exchanges; administrative liens.
9 (a) Any insurance company doing business in the State
10 and governed by this Code shall enter into an agreement for
11 data exchanges with the Illinois Department of Public Aid or
12 the Attorney General for the purpose of locating accounts as
13 defined in Section 10-24 of the Illinois Public Aid Code or
14 Section 7.255 of the Attorney General Act of responsible
15 relatives to satisfy past-due child support owed by
16 responsible relatives under an order for support entered by a
17 court or administrative body of this or any other State on
18 behalf of resident or non-resident persons.
19 (b) Notwithstanding any provisions in this Code to the
20 contrary, an insurance company shall not be liable to any
21 person:
22 (1) for any disclosure of information to the
23 Illinois Department of Public Aid or Attorney General
24 under subsection (a);
25 (2) for encumbering or surrendering any accounts as
26 defined in Section 10-24 of the Illinois Public Aid Code
27 or Section 7.255 of the Attorney general Act held by such
28 insurance company in response to a notice of lien or levy
29 issued by the Illinois Department of Public Aid or
30 Attorney General, or by any other state's child support
31 enforcement agency, as provided for in Section 238 of
32 this Code; or
33 (3) for any other action taken in good faith to
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1 comply with the requirements of subsection (a).
2 (Source: P.A. 90-18, eff. 7-1-97.)
3 (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
4 Sec. 299.1a. Benefits not Attachable.
5 (a) No money or other charity, relief or aid to be paid,
6 provided or rendered by any society shall be liable to
7 attachment, garnishment or other process or to be seized,
8 taken, appropriated or applied by any legal or equitable
9 process or operation of law to pay any debt or liability of a
10 member or beneficiary, or any other person who may have a
11 right thereunder, either before or after payment by the
12 society.
13 (b) Any benefit association doing business in this State
14 and governed by this Article XVII shall encumber or surrender
15 accounts as defined in Section 10-24 of the Illinois Public
16 Aid Code or Section 7.255 of the Attorney General Act held by
17 the benefit association owned by any responsible relative who
18 is subject to a child support lien, upon notice of the lien
19 or levy by the Illinois Department of Public Aid or its
20 successor agency pursuant to Section 10-25.5 of the Illinois
21 Public Aid Code or Section 7.290 of the Attorney General Act,
22 or upon notice of interstate lien from any other state's
23 agency responsible for implementing the child support
24 enforcement program set forth in Title IV, Part D of the
25 Social Security Act.
26 This Section shall not prohibit the furnishing of
27 information in accordance with the federal Personal
28 Responsibility and Work Opportunity Reconciliation Act of
29 1996. Any benefit association governed by this Article XVII
30 shall enter into an agreement for data exchanges with the
31 Department of Public Aid or Attorney General provided the
32 Department of Public Aid or Attorney General pays to the
33 benefit association a reasonable fee not to exceed its actual
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1 cost incurred. A benefit association providing information
2 in accordance with this item shall not be liable to any
3 account holder or other person for any disclosure of
4 information to a State agency, for encumbering or
5 surrendering any accounts as defined in Section 10-24 of the
6 Illinois Public Aid Code or Section 7.255 of the Attorney
7 General Act held by the benefit association in response to a
8 lien or order to withhold and deliver issued by a State
9 agency, or for any other action taken pursuant to this item,
10 including individual or mechanical errors, provided the
11 action does not constitute gross negligence or willful
12 misconduct. A benefit association shall have no obligation to
13 hold, encumber, or surrender accounts until it has been
14 served with a subpoena, summons, warrant, court or
15 administrative order, lien, or levy requiring that action.
16 (Source: P.A. 90-18, eff. 7-1-97.)
17 (215 ILCS 5/299.1b)
18 Sec. 299.1b. Data exchanges; administrative liens.
19 (a) Any benefit association doing business in the State
20 and governed by this Code shall enter into an agreement for
21 data exchanges with the Illinois Department of Public Aid or
22 Attorney General for the purpose of locating accounts as
23 defined in Section 10-24 of the Illinois Public Aid Code or
24 Section 7.255 of the Attorney General Act of responsible
25 relatives to satisfy past-due child support owed by
26 responsible relatives under an order for support entered by a
27 court or administrative body of this or any other State on
28 behalf of resident or non-resident persons.
29 (b) Notwithstanding any provisions in this Code to the
30 contrary, a benefit association shall not be liable to any
31 person:
32 (1) for any disclosure of information to the
33 Illinois Department of Public Aid or Attorney General
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1 under subsection (a);
2 (2) for encumbering or surrendering any accounts as
3 defined in Section 10-24 of the Illinois Public Aid Code
4 or Section 7.255 of the Attorney General Act held by such
5 benefit association in response to a notice of lien or
6 levy issued by the Illinois Department of Public Aid or
7 Attorney General, or by any other state's child support
8 enforcement agency, as provided for in Section 299.1a of
9 this Code; or
10 (3) for any other action taken in good faith to
11 comply with the requirements of subsection (a).
12 (Source: P.A. 90-18, eff. 7-1-97.)
13 (215 ILCS 5/337.1)
14 Sec. 337.1. Data exchanges; administrative liens.
15 (a) Any benefit association governed by this Article
16 XVIII shall encumber or surrender accounts as defined in
17 Section 10-24 of the Illinois Public Aid Code or Section
18 7.255 of the Attorney General Act held by the benefit
19 association on behalf of any responsible relative who is
20 subject to a child support lien, upon notice of the lien or
21 levy by the Illinois Department of Public Aid or its
22 successor agency pursuant to Section 10-25.5 of the Illinois
23 Public Aid Code or Section 7.290 of the Attorney General Act,
24 or upon notice of interstate lien from any other state's
25 agency responsible for implementing the child support
26 enforcement program set forth in Title IV, Part D of the
27 Social Security Act.
28 (b) This Section shall not prohibit the furnishing of
29 information in accordance with the federal Personal
30 Responsibility and Work Opportunity Reconciliation Act of
31 1996. Any benefit association governed by this Article XVIII
32 shall enter into an agreement for data exchanges with the
33 Department of Public Aid or Attorney General provided the
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1 Department of Public Aid or Attorney General pays to the
2 benefit association a reasonable fee not to exceed its actual
3 cost incurred. A benefit association providing information
4 in accordance with this item shall not be liable to any owner
5 of an account as defined in Section 10-24 of the Illinois
6 Public Aid Code or Section 7.255 of the Attorney General Act
7 or other person for any disclosure of information to the
8 Department of Public Aid or Attorney General, for encumbering
9 or surrendering any accounts held by the benefit association
10 in response to a lien or order to withhold and deliver issued
11 by the Department of Public Aid or Attorney General, or for
12 any other action taken pursuant to this item, including
13 individual or mechanical errors, provided the action does not
14 constitute gross negligence or willful misconduct. A benefit
15 association shall have no obligation to hold, encumber, or
16 surrender the accounts or portions thereof as defined in
17 Section 10-24 of the Illinois Public Aid Code or Section
18 7.255 of the Attorney General Act until it has been served
19 with a subpoena, summons, warrant, court or administrative
20 order, lien, or levy.
21 (Source: P.A. 90-18, eff. 7-1-97.)
22 Section 30. The Collection Agency Act is amended by
23 changing Section 2.04 as follows:
24 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
25 Sec. 2.04. Child support indebtedness.
26 (a) Persons, associations, partnerships, or corporations
27 engaged in the business of collecting child support
28 indebtedness owing under a court order as provided under the
29 Attorney General Act, Illinois Public Aid Code, the Illinois
30 Marriage and Dissolution of Marriage Act, the Non-Support of
31 Spouse and Children Act, the Illinois Parentage Act of 1984,
32 or similar laws of other states are not restricted (i) in the
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1 frequency of contact with an obligor who is in arrears,
2 whether by phone, mail, or other means, (ii) from contacting
3 the employer of an obligor who is in arrears, (iii) from
4 publishing or threatening to publish a list of obligors in
5 arrears, (iv) from disclosing or threatening to disclose an
6 arrearage that the obligor disputes, but for which a verified
7 notice of delinquency has been served under the Income
8 Withholding for Support Act (or any of its predecessors,
9 Section 10-16.2 of the Illinois Public Aid Code, Section
10 706.1 of the Illinois Marriage and Dissolution of Marriage
11 Act, Section 4.1 of the Non-Support of Spouse and Children
12 Act, Section 26.1 of the Revised Uniform Reciprocal
13 Enforcement of Support Act, or Section 20 of the Illinois
14 Parentage Act of 1984), or (v) from engaging in conduct that
15 would not cause a reasonable person mental or physical
16 illness. For purposes of this subsection, "obligor" means an
17 individual who owes a duty to make periodic payments, under a
18 court order, for the support of a child. "Arrearage" means
19 the total amount of an obligor's unpaid child support
20 obligations.
21 (b) The Department shall adopt rules necessary to
22 administer and enforce the provisions of this Section.
23 (Source: P.A. 90-673, eff. 1-1-99.)
24 Section 32. The Illinois Public Aid Code is amended by
25 adding Section 10-1.5 and changing Sections 10-21, 12-4.7c,
26 12-4.31, 12-10.2, and 12-16 as follows:
27 (305 ILCS 5/10-1.5 new)
28 Sec. 10-1.5. Transfer of powers to Attorney General.
29 (a) On the effective date of this amendatory Act of the
30 91st General Assembly, all the rights, powers, and duties
31 vested by law in the Illinois Department or the Illinois
32 Department's Child and Spouse Support Unit under this Article
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1 X are transferred to the Attorney General as provided in
2 Sections 7.1 through 7.295 of the Attorney General Act.
3 (b) The Illinois Department shall provide to the
4 Attorney General all information in the Illinois Department's
5 possession concerning recipients that is necessary to enable
6 the Attorney General to perform the duties prescribed in
7 Sections 7.1 through 7.295 of the Attorney General Act.
8 (305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
9 Sec. 10-21. The Illinois Department may provide by rule
10 for the imposition of a one-time charge of 20% of the amount
11 of past-due child support owed on July 1, 1988, by
12 responsible relatives of persons receiving support services
13 under this Article X, which has accrued under a support order
14 entered by a court or administrative body of this or any
15 other State, on behalf of resident or non-resident persons.
16 The rule shall provide for notice to, and an opportunity to
17 be heard by, the responsible relative affected and any final
18 administrative decision rendered by the Department shall be
19 reviewed only under and in accordance with the Administrative
20 Review Law. No action to impose the charge shall be
21 commenced after June 30, 1993. Action under this Section
22 shall be subject to the limitations of Section 10-20 of this
23 Code.
24 On and after the effective date of this amendatory Act of
25 the 91st General Assembly, the Attorney General may collect,
26 on behalf of the Illinois Department, any charge imposed in
27 accordance with this Section. Nothing in this amendatory Act
28 of the 91st General Assembly shall be construed to affect the
29 validity of any charge imposed in accordance with this
30 Section.
31 (Source: P.A. 85-114.)
32 (305 ILCS 5/12-4.7c)
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1 Sec. 12-4.7c. Exchange of information after July 1, 1997.
2 (a) The Department of Human Services shall exchange with
3 the Illinois Department of Public Aid (before the effective
4 date of this amendatory Act of the 91st General Assembly) or
5 the Attorney General (on and after that date) information
6 that may be necessary for the enforcement of child support
7 orders entered pursuant to Sections 10-10 and 10-11 of this
8 Code or Sections 7.60 and 7.80 of the Attorney General Act or
9 pursuant to the Illinois Marriage and Dissolution of Marriage
10 Act, the Non-Support of Spouse and Children Act, the Revised
11 Uniform Reciprocal Enforcement of Support Act, the Uniform
12 Interstate Family Support Act, or the Illinois Parentage Act
13 of 1984.
14 (b) Notwithstanding any provisions in this Code to the
15 contrary, the Department of Human Services shall not be
16 liable to any person for any disclosure of information to the
17 Illinois Department of Public Aid or the Attorney General
18 under subsection (a) or for any other action taken in good
19 faith to comply with the requirements of subsection (a).
20 (Source: P.A. 90-18, eff. 7-1-97.)
21 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
22 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
23 to be held by the State Treasurer as ex-officio custodian
24 outside the State Treasury, pursuant to the Child Support
25 Enforcement Program established by Title IV-D of the Social
26 Security Act, shall consist of (1) all support payments
27 received by the Attorney General Illinois Department under
28 Sections 7.50, 7.60, 7.160, and 7.230 of the Attorney General
29 Act 10-8, 10-10, 10-16 and 10-19 that are required by such
30 Sections to be paid into the Child Support Enforcement Trust
31 Fund, and (2) all federal grants received by the Attorney
32 General Illinois Department funded by Title IV-D of the
33 Social Security Act, except those federal funds received
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1 under the Title IV-D program as reimbursement for
2 expenditures from the General Revenue Fund, and (3) incentive
3 payments received by the Attorney General Illinois Department
4 Department of an assigned child support obligation in behalf
7 of such other states or their political subdivisions pursuant
8 to the provisions of Title IV-D of the Social Security Act,
9 and (4) incentive payments retained by the Attorney General
10 Illinois Department from the amounts which otherwise would be
11 paid to the Federal government to reimburse the Federal
12 government's share of the support collection for the Attorney
13 General's Department's enforcement and collection of an
14 assigned support obligation on behalf of the State of
15 Illinois pursuant to the provisions of Title IV-D of the
16 Social Security Act, and (5) all fees charged by the Attorney
17 General Department for child support enforcement services, as
18 authorized under Title IV-D of the Social Security Act and
19 Section 7.5 of the Attorney General Act 10-1 of this Code,
20 and any other fees, costs, fines, recoveries, or penalties
21 provided for by State or federal law and received by the
22 Attorney General Department under the Child Support
23 Enforcement Program established by Title IV-D of the Social
24 Security Act, and (6) all amounts appropriated by the General
25 Assembly for deposit into the Fund.
26 Disbursements from this Fund shall be only for the
27 following purposes: (1) for the reimbursement of funds
28 received by the Attorney General Illinois Department through
29 error or mistake, and (2) for payments to non-recipients,
30 current recipients and former recipients of financial aid of
31 support payments received on their behalf under Sections 7.1
32 through 7.295 of the Attorney General Act Article X of this
33 Code, pursuant to the provisions of Title IV-D of the Social
34 Security Act and rules promulgated by the Department, and (3)
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1 for payment of any administrative expenses, including payment
2 to the Health Insurance Reserve Fund for group insurance
3 costs at the rate certified by the Department of Central
4 Management Services, except those required to be paid from
5 the General Revenue Fund, including personal and contractual
6 services, incurred in performing the Title IV-D activities
7 authorized by Sections 7.1 through 7.295 of the Attorney
8 General Act Article X of this Code, and (4) for the
9 reimbursement of the Public Assistance Emergency Revolving
10 Fund for expenditures made from that Fund for payments to
11 former recipients of public aid for child support made to the
12 Attorney General Illinois Department when the former public
13 aid recipient is legally entitled to all or part of the child
14 support payments, pursuant to the provisions of Title IV-D of
15 the Social Security Act, and (5) for the payment of incentive
16 amounts owed to other states or political subdivisions of
17 other states that enforce and collect an assigned support
18 obligation on behalf of the State of Illinois pursuant to the
19 provisions of Title IV-D of the Social Security Act, and (6)
20 for the payment of incentive amounts owed to political
21 subdivisions of the State of Illinois that enforce and
22 collect an assigned support obligation on behalf of the State
23 pursuant to the provisions of Title IV-D of the Social
24 Security Act, and (7) for payments of any amounts which are
25 reimbursable to the Federal government which are required to
26 be paid by State warrant by either the State or Federal
27 government. Disbursements from this Fund shall be by warrants
28 drawn by the State Comptroller on receipt of vouchers duly
29 executed and certified by the Attorney General Illinois
30 Department or any other State agency that receives an
31 appropriation from the Fund.
32 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
33 90-18, eff. 7-1-97; 90-587, eff. 6-4-98.)
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1 (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
2 Sec. 12-16. Public Aid Claims Enforcement Division of
3 Office of Attorney General. The Public Aid Claims
4 Enforcement Division in the Office of the Attorney General,
5 established pursuant to the 1949 Code, shall institute in
6 behalf of the State all court actions referred to it by the
7 Illinois Department of Public Aid, or the Department of Human
8 Services (as successor to the Illinois Department of Public
9 Aid) and the Attorney General under this Code and other laws
10 for the recovery of financial aid provided under the public
11 aid programs, the enforcement of obligations of support, and
12 the enforcement of other claims, penalties and obligations.
13 The Division shall be staffed with attorneys appointed by
14 the Attorney General as Special Assistant Attorneys' General
15 whose special duty it shall be to execute the aforesaid
16 duties. The Assistant Attorneys' General shall be assigned
17 exclusively to such duties. They may engage only in such
18 political activities as are not prohibited by the Hatch
19 Political Activity Act, Title 5, U. S. C. A., Sections
20 118i et seq.
21 The Attorney General may request the appropriate State's
22 Attorney of a county or staff of the Child and Spouse Support
23 Unit established under Section 10-3.1 of this Code to
24 institute any such action in behalf of the State or to assist
25 the Attorney General in the prosecution of actions instituted
26 by his Office.
27 (Source: P.A. 89-507, eff. 7-1-97.)
28 (305 ILCS 5/10-1 rep.)
29 (305 ILCS 5/10-2 rep.)
30 (305 ILCS 5/10-3 rep.)
31 (305 ILCS 5/10-3.1 rep.)
32 (305 ILCS 5/10-3.2 rep.)
33 (305 ILCS 5/10-3.3 rep.)
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1 (305 ILCS 5/10-3.4 rep.)
2 (305 ILCS 5/10-4 rep.)
3 (305 ILCS 5/10-5 rep.)
4 (305 ILCS 5/10-6 rep.)
5 (305 ILCS 5/10-7 rep.)
6 (305 ILCS 5/10-8 rep.)
7 (305 ILCS 5/10-8.1 rep.)
8 (305 ILCS 5/10-9 rep.)
9 (305 ILCS 5/10-10 rep.)
10 (305 ILCS 5/10-10.1 rep.)
11 (305 ILCS 5/10-10.2 rep.)
12 (305 ILCS 5/10-10.3 rep.)
13 (305 ILCS 5/10-11 rep.)
14 (305 ILCS 5/10-11.1 rep.)
15 (305 ILCS 5/10-12 rep.)
16 (305 ILCS 5/10-12.1 rep.)
17 (305 ILCS 5/10-13 rep.)
18 (305 ILCS 5/10-13.1 rep.)
19 (305 ILCS 5/10-13.2 rep.)
20 (305 ILCS 5/10-13.3 rep.)
21 (305 ILCS 5/10-13.4 rep.)
22 (305 ILCS 5/10-13.5 rep.)
23 (305 ILCS 5/10-13.6 rep.)
24 (305 ILCS 5/10-13.7 rep.)
25 (305 ILCS 5/10-13.8 rep.)
26 (305 ILCS 5/10-13.9 rep.)
27 (305 ILCS 5/10-13.10 rep.)
28 (305 ILCS 5/10-14 rep.)
29 (305 ILCS 5/10-14.1 rep.)
30 (305 ILCS 5/10-15 rep.)
31 (305 ILCS 5/10-16 rep.)
32 (305 ILCS 5/10-16.2 rep.)
33 (305 ILCS 5/10-16.3 rep.)
34 (305 ILCS 5/10-16.4 rep.)
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1 (305 ILCS 5/10-17 rep.)
2 (305 ILCS 5/10-17.1 rep.)
3 (305 ILCS 5/10-17.2 rep.)
4 (305 ILCS 5/10-17.3 rep.)
5 (305 ILCS 5/10-17.4 rep.)
6 (305 ILCS 5/10-17.5 rep.)
7 (305 ILCS 5/10-17.6 rep.)
8 (305 ILCS 5/10-17.7 rep.)
9 (305 ILCS 5/10-17.8 rep.)
10 (305 ILCS 5/10-17.9 rep.)
11 (305 ILCS 5/10-17.11 rep.)
12 (305 ILCS 5/10-18 rep.)
13 (305 ILCS 5/10-19 rep.)
14 (305 ILCS 5/10-20 rep.)
15 (305 ILCS 5/10-22 rep.)
16 (305 ILCS 5/10-23 rep.)
17 (305 ILCS 5/10-24 rep.)
18 (305 ILCS 5/10-24.5 rep.)
19 (305 ILCS 5/10-24.30 rep.)
20 (305 ILCS 5/10-24.35 rep.)
21 (305 ILCS 5/10-24.40 rep.)
22 (305 ILCS 5/10-24.45 rep.)
23 (305 ILCS 5/10-24.50 rep.)
24 (305 ILCS 5/10-25 rep.)
25 (305 ILCS 5/10-25.5 rep.)
26 (305 ILCS 5/10-27 rep.)
27 (305 ILCS 5/12-4.3 rep.)
28 Section 35. The Illinois Public Aid Code is amended by
29 repealing Sections 10-1 through 10-20, Sections 10-22 through
30 10-25.5, and Section 12-4.3.
31 Section 40. The Vital Records Act is amended by changing
32 Sections 12, 17, and 22 as follows:
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1 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
2 Sec. 12. Live births; place of registration.
3 (1) Each live birth which occurs in this State shall be
4 registered with the local or subregistrar of the district in
5 which the birth occurred as provided in this Section, within
6 7 days after the birth. When a birth occurs on a moving
7 conveyance, the city, village, township, or road district in
8 which the child is first removed from the conveyance shall be
9 considered the place of birth and a birth certificate shall
10 be filed in the registration district in which the place is
11 located.
12 (2) When a birth occurs in an institution, the person in
13 charge of the institution or his designated representative
14 shall obtain and record all the personal and statistical
15 particulars relative to the parents of the child that are
16 required to properly complete the live birth certificate;
17 shall secure the required personal signatures on the hospital
18 worksheet; shall prepare the certificate from this worksheet;
19 and shall file the certificate with the local registrar. The
20 institution shall retain the hospital worksheet permanently
21 or as otherwise specified by rule. The physician in
22 attendance shall verify or provide the date of birth and
23 medical information required by the certificate, within 24
24 hours after the birth occurs.
25 (3) When a birth occurs outside an institution, the
26 certificate shall be prepared and filed by one of the
27 following in the indicated order of priority:
28 (a) The physician in attendance at or immediately
29 after the birth, or in the absence of such a person,
30 (b) Any other person in attendance at or
31 immediately after the birth, or in the absence of such a
32 person,
33 (c) The father, the mother, or in the absence of
34 the father and the inability of the mother, the person in
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1 charge of the premises where the birth occurred.
2 (4) Unless otherwise provided in this Act, if the mother
3 was not married to the father of the child at either the time
4 of conception or the time of birth, the name of the father
5 shall be entered on the child's birth certificate only if the
6 mother and the person to be named as the father have signed
7 an acknowledgment of parentage in accordance with subsection
8 (5).
9 Unless otherwise provided in this Act, if the mother was
10 married at the time of conception or birth and the presumed
11 father (that is, the mother's husband) is not the biological
12 father of the child, the name of the biological father shall
13 be entered on the child's birth certificate only if, in
14 accordance with subsection (5), (i) the mother and the person
15 to be named as the father have signed an acknowledgment of
16 parentage and (ii) the mother and presumed father have signed
17 a denial of paternity.
18 (5) Upon the birth of a child to an unmarried woman, or
19 upon the birth of a child to a woman who was married at the
20 time of conception or birth and whose husband is not the
21 biological father of the child, the institution immediately
22 before or after the at the time of birth and the local
23 registrar or county clerk after the birth shall do the
24 following:
25 (a) Provide (i) an opportunity for the child's
26 mother and father to sign an acknowledgment of parentage
27 and (ii) if the presumed father is not the biological
28 father, an opportunity for the mother and presumed father
29 to sign a denial of paternity. The signing and
30 witnessing of the acknowledgment of parentage or, if the
31 presumed father of the child is not the biological
32 father, the acknowledgment of parentage and denial of
33 paternity conclusively establishes a parent and child
34 relationship in accordance with Sections 5 and 6 of the
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1 Illinois Parentage Act of 1984.
2 The Office of the Attorney General Illinois
3 Department of Public Aid shall furnish the acknowledgment
4 of parentage and denial of paternity form to
5 institutions, county clerks, and State and local
6 registrars' offices. The form shall include instructions
7 to send the original signed and witnessed acknowledgment
8 of parentage and denial of paternity to the Office of the
9 Attorney General Illinois Department of Public Aid.
10 (b) Provide the following documents, furnished by
11 the Office of the Attorney General Illinois Department of
12 Public Aid, to the child's mother, biological father, and
13 (if the person presumed to be the child's father is not
14 the biological father) presumed father for their review
15 at the time the opportunity is provided to establish a
16 parent and child relationship:
17 (i) An explanation of the implications of,
18 alternatives to, legal consequences of, and the
19 rights and responsibilities that arise from signing
20 an acknowledgment of parentage and, if necessary, a
21 denial of paternity, including an explanation of the
22 parental rights and responsibilities of child
23 support, visitation, custody, retroactive support,
24 health insurance coverage, and payment of birth
25 expenses.
26 (ii) An explanation of the benefits of having
27 a child's parentage established and the availability
28 of parentage establishment and support enforcement
29 services.
30 (iii) A request for an application for child
31 support services from the Office of the Attorney
32 General Illinois Department of Public Aid.
33 (iv) Instructions concerning the opportunity
34 to speak, either by telephone or in person, with
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1 staff of the Office of the Attorney General Illinois
2 Department of Public Aid who are trained to clarify
3 information and answer questions about paternity
4 establishment.
5 (v) Instructions for completing and signing
6 the acknowledgment of parentage and denial of
7 paternity.
8 (c) Provide an oral explanation of the documents
9 and instructions set forth in subdivision (5)(b),
10 including an explanation of the implications of,
11 alternatives to, legal consequences of, and the rights
12 and responsibilities that arise from signing an
13 acknowledgment of parentage and, if necessary, a denial
14 of paternity. The oral explanation may be given in
15 person or through the use of video or audio equipment.
16 (6) The institution, State or local registrar, or county
17 clerk shall provide an opportunity for the child's father or
18 mother to sign a rescission of parentage. The signing and
19 witnessing of the rescission of parentage voids the
20 acknowledgment of parentage and nullifies the presumption of
21 paternity if executed and filed with the Office of the
22 Attorney General Illinois Department of Public Aid within the
23 time frame contained in Section 5 of the Illinois Parentage
24 Act of 1984. The Office of the Attorney General Illinois
25 Department of Public Aid shall furnish the rescission of
26 parentage form to institutions, county clerks, and State and
27 local registrars' offices. The form shall include
28 instructions to send the original signed and witnessed
29 rescission of parentage to the Office of the Attorney General
30 Illinois Department of Public Aid.
31 (7) An acknowledgment of paternity signed pursuant to
32 Section 6 of the Illinois Parentage Act of 1984 may be
33 challenged in court only on the basis of fraud, duress, or
34 material mistake of fact, with the burden of proof upon the
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1 challenging party. Pending outcome of a challenge to the
2 acknowledgment of paternity, the legal responsibilities of
3 the signatories shall remain in full force and effect, except
4 upon order of the court upon a showing of good cause.
5 (8) When the process for acknowledgment of parentage as
6 provided for under subsection (5) establishes the paternity
7 of a child whose certificate of birth is on file in another
8 state, the Attorney General Illinois Department of Public Aid
9 obligors receiving notice from the Secretary of
13 State that the suspension of driving privileges has been
14 terminated based upon receipt of notification from the
15 circuit clerk of the obligor's obligors compliance with a
16 court order of support or a subpoena or warrant, the obligor
17 shall pay a $30 reinstatement fee to the Secretary of State
18 as set forth in Section 6-118 of this Code. The fee shall be
19 deposited into the Family Responsibility Fund. In accordance
20 with subsection (e) of Section 6-115 of this Code, the
21 Secretary of State may decline to process a renewal of a
22 driver's license of a person who has not paid this fee.
23 (Source: P.A. 89-92, eff. 7-1-96.)
24 (625 ILCS 5/7-708)
25 Sec. 7-708. Rules. The Secretary of State, using the
26 authority to license motor vehicle operators, may adopt such
27 rules as may be necessary to establish standards, policies,
28 and procedures for the suspension of driver's licenses for
29 non-compliance with a court order of support or with a
30 subpoena or warrant in a paternity or child support
31 proceeding.
32 (Source: P.A. 89-92, eff. 7-1-96.)
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1 Section 45. The Attorney Act is amended by changing
2 Section 1 as follows:
3 (705 ILCS 205/1) (from Ch. 13, par. 1)
4 Sec. 1. No person shall be permitted to practice as an
5 attorney or counselor at law within this State without having
6 previously obtained a license for that purpose from the
7 Supreme Court of this State.
8 No person shall receive any compensation directly or
9 indirectly for any legal services other than a regularly
10 licensed attorney.
11 A license, as provided for herein, constitutes the person
12 receiving the same an attorney and counselor at law,
13 according to the law and customs thereof, for and during his
14 good behavior in the practice and authorizes him to demand
15 and receive fees for any services which he may render as an
16 attorney and counselor at law in this State. No person shall
17 be granted a license or renewal authorized by this Act who
18 has defaulted on an educational loan guaranteed by the
19 Illinois Student Assistance Commission; however, a license or
20 renewal may be issued to the aforementioned persons who have
21 established a satisfactory repayment record as determined by
22 the Illinois Student Assistance Commission. No person shall
23 be granted a license or renewal authorized by this Act who is
24 more than 30 days delinquent in complying with a child
25 support order; a license or renewal may be issued, however,
26 if the person has established a satisfactory repayment record
27 as determined (i) by the Illinois Department of Public Aid
28 for cases being enforced under Article X of the Illinois
29 Public Aid Code or by the Attorney General for cases being
30 enforced under Sections 7.1 through 7.295 of the Attorney
31 General Act or (ii) in all other cases by order of court or
32 by written agreement between the custodial parent and
33 non-custodial parent. No person shall be refused a license
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1 under this Act on account of sex.
2 Any person practicing, charging or receiving fees for
3 legal services within this State, either directly or
4 indirectly, without being licensed to practice as herein
5 required, is guilty of contempt of court and shall be
6 punished accordingly, upon complaint being filed in any
7 Circuit Court of this State. Such proceedings shall be
8 conducted in the Courts of the respective counties where the
9 alleged contempt has been committed in the same manner as in
10 cases of indirect contempt and with the right of review by
11 the parties thereto.
12 The provisions of this Act shall be in addition to other
13 remedies permitted by law and shall not be construed to
14 deprive courts of this State of their inherent right to
15 punish for contempt or to restrain the unauthorized practice
16 of law.
17 Nothing in this Act shall be construed to prohibit
18 representation of a party by a person who is not an attorney
19 in a proceeding before the Illinois State Labor Relations
20 Board or the Illinois Local Labor Relations Board under the
21 Illinois Public Labor Relations Act, as now or hereafter
22 amended, the Illinois Educational Labor Relations Board under
23 the Illinois Educational Labor Relations Act, as now or
24 hereafter amended, the State Civil Service Commission, the
25 local Civil Service Commissions, or the University Civil
26 Service Merit Board, to the extent allowed pursuant to rules
27 and regulations promulgated by those Boards and Commissions.
28 (Source: P.A. 89-6, eff. 3-6-95.)
29 Section 47. The Juvenile Court Act of 1987 is amended by
30 changing Section 6-9 as follows:
31 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
32 Sec. 6-9. Enforcement of liability of parents and
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1 others.
2 (1) If parentage is at issue in any proceeding under
3 this Act, the Illinois Parentage Act of 1984 shall apply and
4 the court shall enter orders consistent with that Act. If it
5 appears at any hearing that a parent or any other person
6 named in the petition, liable under the law for the support
7 of the minor, is able to contribute to his or her support,
8 the court shall enter an order requiring that parent or other
9 person to pay the clerk of the court, or to the guardian or
10 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740,
11 a reasonable sum from time to time for the care, support and
12 necessary special care or treatment, of the minor. If the
13 court determines at any hearing that a parent or any other
14 person named in the petition, liable under the law for the
15 support of the minor, is able to contribute to help defray
16 the costs associated with the minor's detention in a county
17 or regional detention center, the court shall enter an order
18 requiring that parent or other person to pay the clerk of the
19 court a reasonable sum for the care and support of the minor.
20 The court may require reasonable security for the payments.
21 Upon failure to pay, the court may enforce obedience to the
22 order by a proceeding as for contempt of court.
23 If it appears that the person liable for the support of
24 the minor is able to contribute to legal fees for
25 representation of the minor, the court shall enter an order
26 requiring that person to pay a reasonable sum for the
27 representation, to the attorney providing the representation
28 or to the clerk of the court for deposit in the appropriate
29 account or fund. The sum may be paid as the court directs,
30 and the payment thereof secured and enforced as provided in
31 this Section for support.
32 If it appears at the detention or shelter care hearing of
33 a minor before the court under Section 5-501 5-10 that a
34 parent or any other person liable for support of the minor is
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1 able to contribute to his or her support, that parent or
2 other person shall be required to pay a fee for room and
3 board at a rate not to exceed $10 per day established, with
4 the concurrence of the chief judge of the judicial circuit,
5 by the county board of the county in which the minor is
6 detained unless the court determines that it is in the best
7 interest and welfare of the minor to waive the fee. The
8 concurrence of the chief judge shall be in the form of an
9 administrative order. Each week, on a day designated by the
10 clerk of the circuit court, that parent or other person shall
11 pay the clerk for the minor's room and board. All fees for
12 room and board collected by the circuit court clerk shall be
13 disbursed into the separate county fund under Section 6-7.
14 Upon application, the court shall waive liability for
15 support or legal fees under this Section if the parent or
16 other person establishes that he or she is indigent and
17 unable to pay the incurred liability, and the court may
18 reduce or waive liability if the parent or other person
19 establishes circumstances showing that full payment of
20 support or legal fees would result in financial hardship to
21 the person or his or her family.
22 (2) When a person so ordered to pay for the care and
23 support of a minor is employed for wages, salary or
24 commission, the court may order him to make the support
25 payments for which he is liable under this Act out of his
26 wages, salary or commission and to assign so much thereof as
27 will pay the support. The court may also order him to make
28 discovery to the court as to his place of employment and the
29 amounts earned by him. Upon his failure to obey the orders of
30 court he may be punished as for contempt of court.
31 (3) If the minor is a recipient of public aid under the
32 Illinois Public Aid Code, the court shall order that payments
33 made by a parent or through assignment of his wages, salary
34 or commission be made directly to (a) the Illinois Department
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1 of Public Aid if the minor is a recipient of aid under
2 Article V of the Code, (b) the Department of Human Services
3 if the minor is a recipient of aid under Article IV of the
4 Code, or (c) the local governmental unit responsible for the
5 support of the minor if he is a recipient under Articles VI
6 or VII of the Code. The order shall permit the Illinois
7 Department of Public Aid, the Department of Human Services,
8 or the local governmental unit, as the case may be, to direct
9 that subsequent payments be made directly to the guardian or
10 custodian of the minor, or to some other person or agency in
11 the minor's behalf, upon removal of the minor from the public
12 aid rolls; and upon such direction and removal of the minor
13 from the public aid rolls, the Illinois Department of Public
14 Aid, Department of Human Services, or local governmental
15 unit, as the case requires, shall give written notice of such
16 action to the court. Payments received by the Illinois
17 Department of Public Aid, Department of Human Services, or
18 local governmental unit are to be covered, respectively, into
19 the General Revenue Fund of the State Treasury or General
20 Assistance Fund of the governmental unit, as provided in
21 Section 7.230 of the Attorney General Act 10-19 of the
22 Illinois Public Aid Code.
23 (Source: P.A. 89-507, eff. 7-1-97; 90-157, eff. 1-1-98;
24 90-483, eff. 1-1-98; 90-590, eff. 1-1-99; 90-655, eff.
25 7-30-98; revised 9-16-98.)
26 Section 48. The Unified Code of Corrections is amended
27 by changing Section 5-7-6 as follows:
28 (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
29 Sec. 5-7-6. Duty of Clerk of Court or the Department of
30 Corrections Correction; collection and disposition of
31 compensation.
32 (a) Every gainfully employed offender shall be
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1 responsible for managing his or her earnings. The clerk of
2 the circuit court shall have only those responsibilities
3 regarding an offender's earnings as are set forth in this
4 Section.
5 Every offender, including offenders who are sentenced to
6 periodic imprisonment for weekends only, gainfully employed
7 shall pay a fee for room and board at a rate established,
8 with the concurrence of the chief judge of the judicial
9 circuit, by the county board of the county in which the
10 offender is incarcerated. The concurrence of the chief judge
11 shall be in the form of an administrative order. In
12 establishing the fee for room and board consideration may be
13 given to all costs incidental to the incarceration of
14 offenders. If an offender is necessarily absent from the
15 institution at mealtime he or she shall, without additional
16 charge, be furnished with a meal to carry to work. Each
17 week, on a day designated by the clerk of the circuit court,
18 every offender shall pay the clerk the fees for the
19 offender's room and board. Failure to pay the clerk on the
20 day designated shall result in the termination of the
21 offender's release. All fees for room and board collected by
22 the circuit court clerk shall be disbursed into the county's
23 General Corporate Fund.
24 By order of the court, all or a portion of the earnings
25 of employed offenders shall be turned over to the clerk to be
26 distributed for the following purposes, in the order stated:
27 (1) the room and board of the offender;
28 (2) necessary travel expenses to and from work and
29 other incidental expenses of the offender, when those
30 expenses are incurred by the administrator of the
31 offender's imprisonment;
32 (3) support of the offender's dependents, if any.
33 (b) If the offender has one or more dependents who are
34 recipients of financial assistance pursuant to the Illinois
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1 Public Aid Code, or who are residents of a State hospital,
2 State school or foster care facility provided by the State,
3 the court shall order the offender to turn over all or a
4 portion of his earnings to the clerk who shall, after making
5 the deductions provided for under paragraph (a), distribute
6 those earnings to the appropriate agency as reimbursement for
7 the cost of care of such dependents. The order shall permit
8 the Department of Human Services (acting as successor to the
9 Illinois Department of Public Aid under the Department of
10 Human Services Act) or the local governmental unit, as the
11 case may be, to request the clerk that subsequent payments be
12 made directly to the dependents, or to some agency or person
13 in their behalf, upon removal of the dependents from the
14 public aid rolls; and upon such direction and removal of the
15 recipients from the public aid rolls, the Department of Human
16 Services or the local governmental unit, as the case
17 requires, shall give written notice of such action to the
18 court. Payments received by the Department of Human Services
19 or by governmental units in behalf of recipients of public
20 aid shall be deposited into the General Revenue Fund of the
21 State Treasury or General Assistance Fund of the governmental
22 unit, under Section 7.230 of the Attorney General Act 10-19
23 of the Illinois Public Aid Code.
24 (c) The clerk of the circuit court shall keep individual
25 accounts of all money collected by him as required by this
26 Article. He shall deposit all moneys as trustee in a
27 depository designated by the county board and shall make
28 payments required by the court's order from such trustee
29 account. Such accounts shall be subject to audit in the same
30 manner as accounts of the county are audited.
31 (d) If an institution or the Department of Corrections
32 certifies to the court that it can administer this Section
33 with respect to persons committed to it under this Article,
34 the clerk of the court shall be relieved of its duties under
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1 this Section and they shall be assumed by such institution or
2 the Department.
3 (Source: P.A. 89-507, eff. 7-1-97; 89-532, eff. 7-19-96;
4 90-14, eff. 7-1-97; revised 10-31-98.)
5 Section 50. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 505, 505.1,
7 505.2, 507, 510, 516, 705, 709, 710, and 712 as follows:
8 (750 ILCS 5/505) (from Ch. 40, par. 505)
9 Sec. 505. Child support; contempt; penalties.
10 (a) In a proceeding for dissolution of marriage, legal
11 separation, declaration of invalidity of marriage, a
12 proceeding for child support following dissolution of the
13 marriage by a court which lacked personal jurisdiction over
14 the absent spouse, a proceeding for modification of a
15 previous order for child support under Section 510 of this
16 Act, or any proceeding authorized under Section 501 or 601 of
17 this Act, the court may order either or both parents owing a
18 duty of support to a child of the marriage to pay an amount
19 reasonable and necessary for his support, without regard to
20 marital misconduct. The duty of support owed to a minor
21 child includes the obligation to provide for the reasonable
22 and necessary physical, mental and emotional health needs of
23 the child.
24 (1) The Court shall determine the minimum amount of
25 support by using the following guidelines:
26 Number of Children Percent of Supporting Party's
27 Net Income
28 1 20%
29 2 25%
30 3 32%
31 4 40%
32 5 45%
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1 6 or more 50%
2 (2) The above guidelines shall be applied in each
3 case unless the court makes a finding that application of
4 the guidelines would be inappropriate, after considering
5 the best interests of the child in light of evidence
6 including but not limited to one or more of the following
7 relevant factors:
8 (a) the financial resources and needs of the
9 child;
10 (b) the financial resources and needs of the
11 custodial parent;
12 (c) the standard of living the child would
13 have enjoyed had the marriage not been dissolved;
14 (d) the physical and emotional condition of
15 the child, and his educational needs; and
16 (e) the financial resources and needs of the
17 non-custodial parent.
18 If the court deviates from the guidelines, the
19 court's finding shall state the amount of support that
20 would have been required under the guidelines, if
21 determinable. The court shall include the reason or
22 reasons for the variance from the guidelines.
23 (3) "Net income" is defined as the total of all
24 income from all sources, minus the following deductions:
25 (a) Federal income tax (properly calculated
26 withholding or estimated payments);
27 (b) State income tax (properly calculated
28 withholding or estimated payments);
29 (c) Social Security (FICA payments);
30 (d) Mandatory retirement contributions
31 required by law or as a condition of employment;
32 (e) Union dues;
33 (f) Dependent and individual
34 health/hospitalization insurance premiums;
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1 (g) Prior obligations of support or
2 maintenance actually paid pursuant to a court order;
3 (h) Expenditures for repayment of debts that
4 represent reasonable and necessary expenses for the
5 production of income, medical expenditures necessary
6 to preserve life or health, reasonable expenditures
7 for the benefit of the child and the other parent,
8 exclusive of gifts. The court shall reduce net
9 income in determining the minimum amount of support
10 to be ordered only for the period that such payments
11 are due and shall enter an order containing
12 provisions for its self-executing modification upon
13 termination of such payment period.
14 (4) In cases where the court order provides for
15 health/hospitalization insurance coverage pursuant to
16 Section 505.2 of this Act, the premiums for that
17 insurance, or that portion of the premiums for which the
18 supporting party is responsible in the case of insurance
19 provided through an employer's health insurance plan
20 where the employer pays a portion of the premiums, shall
21 be subtracted from net income in determining the minimum
22 amount of support to be ordered.
23 (4.5) In a proceeding for child support following
24 dissolution of the marriage by a court that lacked
25 personal jurisdiction over the absent spouse, and in
26 which the court is requiring payment of support for the
27 period before the date an order for current support is
28 entered, there is a rebuttable presumption that the
29 supporting party's net income for the prior period was
30 the same as his or her net income at the time the order
31 for current support is entered.
32 (5) If the net income cannot be determined because
33 of default or any other reason, the court shall order
34 support in an amount considered reasonable in the
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1 particular case. The final order in all cases shall
2 state the support level in dollar amounts.
3 (b) Failure of either parent to comply with an order to
4 pay support or a subpoena or warrant in a paternity or child
5 support proceeding shall be punishable as in other cases of
6 contempt. In addition to other penalties provided by law the
7 Court may, after finding the parent guilty of contempt, order
8 that the parent be:
9 (1) placed on probation with such conditions of
10 probation as the Court deems advisable;
11 (2) sentenced to periodic imprisonment for a period
12 not to exceed 6 months; provided, however, that the Court
13 may permit the parent to be released for periods of time
14 during the day or night to:
15 (A) work; or
16 (B) conduct a business or other self-employed
17 occupation.
18 The Court may further order any part or all of the
19 earnings of a parent during a sentence of periodic
20 imprisonment paid to the Clerk of the Circuit Court or to the
21 parent having custody or to the guardian having custody of
22 the minor children of the sentenced parent for the support of
23 said minor children until further order of the Court.
24 If there is a unity of interest and ownership sufficient
25 to render no financial separation between a non-custodial
26 parent and another person or persons or business entity, the
27 court may pierce the ownership veil of the person, persons,
28 or business entity to discover assets of the non-custodial
29 parent held in the name of that person, those persons, or
30 that business entity. The following circumstances are
31 sufficient to authorize a court to order discovery of the
32 assets of a person, persons, or business entity and to compel
33 the application of any discovered assets toward payment on
34 the judgment for support:
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1 (1) the non-custodial parent and the person,
2 persons, or business entity maintain records together.
3 (2) the non-custodial parent and the person,
4 persons, or business entity fail to maintain an arms
5 length relationship between themselves with regard to any
6 assets.
7 (3) the non-custodial parent transfers assets to
8 the person, persons, or business entity with the intent
9 to perpetrate a fraud on the custodial parent.
10 With respect to assets which are real property, no order
11 entered under this paragraph shall affect the rights of bona
12 fide purchasers, mortgagees, judgment creditors, or other
13 lien holders who acquire their interests in the property
14 prior to the time a notice of lis pendens pursuant to the
15 Code of Civil Procedure or a copy of the order is placed of
16 record in the office of the recorder of deeds for the county
17 in which the real property is located.
18 The court may also order in cases where the parent is 90
19 days or more delinquent in payment of support or has been
20 adjudicated in arrears in an amount equal to 90 days
21 obligation or more, or has failed to comply with a subpoena
22 or warrant in a paternity or child support proceeding that
23 the parent's Illinois driving privileges be suspended until
24 the court determines that the parent is in compliance with
25 the order of support or subpoena or warrant. The court may
26 also order that the parent be issued a family financial
27 responsibility driving permit that would allow limited
28 driving privileges for employment and medical purposes in
29 accordance with Section 7-702.1 of the Illinois Vehicle Code.
30 The clerk of the circuit court shall certify the order
31 suspending the driving privileges of the parent or granting
32 the issuance of a family financial responsibility driving
33 permit to the Secretary of State on forms prescribed by the
34 Secretary. Upon receipt of the authenticated documents, the
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1 Secretary of State shall suspend the parent's driving
2 privileges until further order of the court and shall, if
3 ordered by the court, subject to the provisions of Section
4 7-702.1 of the Illinois Vehicle Code, issue a family
5 financial responsibility driving permit to the parent.
6 In addition to the penalties or punishment that may be
7 imposed under this Section, any person whose conduct
8 constitutes a violation of Section 1 of the Non-Support of
9 Spouse and Children Act may be prosecuted under that Section,
10 and a person convicted under that Section may be sentenced in
11 accordance with that Section. The sentence may include but
12 need not be limited to a requirement that the person perform
13 community service under subsection (b) of that Section or
14 participate in a work alternative program under subsection
15 (c) of that Section. A person may not be required to
16 participate in a work alternative program under subsection
17 (c) of that Section if the person is currently participating
18 in a work program pursuant to Section 505.1 of this Act.
19 (c) A one-time charge of 20% is imposable upon the
20 amount of past-due child support owed on July 1, 1988 which
21 has accrued under a support order entered by the court. The
22 charge shall be imposed in accordance with the provisions of
23 Section 10-21 of the Illinois Public Aid Code and shall be
24 enforced by the court upon petition. On and after the
25 effective date of this amendatory Act of the 91st General
26 Assembly, the Attorney General may collect, on behalf of the
27 Illinois Department of Public Aid, any charge imposed in
28 accordance with this subsection. Nothing in this amendatory
29 Act of the 91st General Assembly shall be construed to affect
30 the validity of any charge imposed in accordance with this
31 subsection.
32 (d) Any new or existing support order entered by the
33 court under this Section shall be deemed to be a series of
34 judgments against the person obligated to pay support
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1 thereunder, each such judgment to be in the amount of each
2 payment or installment of support and each such judgment to
3 be deemed entered as of the date the corresponding payment or
4 installment becomes due under the terms of the support order.
5 Each such judgment shall have the full force, effect and
6 attributes of any other judgment of this State, including the
7 ability to be enforced. A lien arises by operation of law
8 against the real and personal property of the noncustodial
9 parent for each installment of overdue support owed by the
10 noncustodial parent.
11 (e) When child support is to be paid through the clerk
12 of the court in a county of 1,000,000 inhabitants or less,
13 the order shall direct the obligor to pay to the clerk, in
14 addition to the child support payments, all fees imposed by
15 the county board under paragraph (3) of subsection (u) of
16 Section 27.1 of the Clerks of Courts Act. Unless paid in
17 cash or pursuant to an order for withholding, the payment of
18 the fee shall be by a separate instrument from the support
19 payment and shall be made to the order of the Clerk.
20 (f) All orders for support, when entered or modified,
21 shall include a provision requiring the obligor to notify the
22 court and, in cases in which a party is receiving child and
23 spouse services under Article X of the Illinois Public Aid
24 Code or under Section 7.1 through 7.295 of the Attorney
25 General Act, the Illinois Department of Public Aid (before
26 the effective date of this amendatory Act of the 91st General
27 Assembly) or the Attorney General (on and after that date),
28 within 7 days, (i) of the name and address of any new
29 employer of the obligor, (ii) whether the obligor has access
30 to health insurance coverage through the employer or other
31 group coverage and, if so, the policy name and number and the
32 names of persons covered under the policy, and (iii) of any
33 new residential or mailing address or telephone number of the
34 non-custodial parent. In any subsequent action to enforce a
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1 support order, upon a sufficient showing that a diligent
2 effort has been made to ascertain the location of the
3 non-custodial parent, service of process or provision of
4 notice necessary in the case may be made at the last known
5 address of the non-custodial parent in any manner expressly
6 provided by the Code of Civil Procedure or this Act, which
7 service shall be sufficient for purposes of due process.
8 (g) An order for support shall include a date on which
9 the current support obligation terminates. The termination
10 date shall be no earlier than the date on which the child
11 covered by the order will attain the age of majority or is
12 otherwise emancipated. The order for support shall state that
13 the termination date does not apply to any arrearage that may
14 remain unpaid on that date. Nothing in this subsection shall
15 be construed to prevent the court from modifying the order.
16 (h) An order entered under this Section shall include a
17 provision requiring the obligor to report to the obligee and
18 to the clerk of court within 10 days each time the obligor
19 obtains new employment, and each time the obligor's
20 employment is terminated for any reason. The report shall be
21 in writing and shall, in the case of new employment, include
22 the name and address of the new employer. Failure to report
23 new employment or the termination of current employment, if
24 coupled with nonpayment of support for a period in excess of
25 60 days, is indirect criminal contempt. For any obligor
26 arrested for failure to report new employment bond shall be
27 set in the amount of the child support that should have been
28 paid during the period of unreported employment. An order
29 entered under this Section shall also include a provision
30 requiring the obligor and obligee parents to advise each
31 other of a change in residence within 5 days of the change
32 except when the court finds that the physical, mental, or
33 emotional health of a party or that of a minor child, or
34 both, would be seriously endangered by disclosure of the
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1 party's address.
2 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
3 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
4 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
5 8-11-98.)
6 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
7 Sec. 505.1. (a) Whenever it is determined in a
8 proceeding to establish or enforce a child support or
9 maintenance obligation that the person owing a duty of
10 support is unemployed, the court may order the person to seek
11 employment and report periodically to the court with a diary,
12 listing or other memorandum of his or her efforts in
13 accordance with such order. Additionally, the court may order
14 the unemployed person to report to the Department of
15 Employment Security for job search services or to make
16 application with the local Job Jobs Training Partnership Act
17 provider for participation in job search, training or work
18 programs and where the duty of support is owed to a child
19 receiving support services under Article X of the Illinois
20 Public Aid Code or Sections 7.1 through 7.295 of the Attorney
21 General Act, as amended, the court may order the unemployed
22 person to report to the Illinois Department of Human Services
23 Public Aid for participation in job search, training or work
24 programs established under Section 9-6 and Article IXA of the
25 Illinois Public Aid that Code.
26 (b) Whenever it is determined that a person owes
27 past-due support for a child or for a child and the parent
28 with whom the child is living, and the child is receiving
29 assistance under the Illinois Public Aid Code, the court
30 shall order at the request of the Illinois Department of
31 Public Aid (before the effective date of this amendatory Act
32 of the 91st General Assembly) or the Attorney General (on and
33 after that date):
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1 (1) that the person pay the past-due support in
2 accordance with a plan approved by the court; or
3 (2) if the person owing past-due support is
4 unemployed, is subject to such a plan, and is not
5 incapacitated, that the person participate in such job
6 search, training, or work programs established under
7 Section 9-6 and Article IXA of the Illinois Public Aid
8 Code as the court deems appropriate.
9 (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
10 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
11 Sec. 505.2. Health insurance.
12 (a) Definitions. As used in this Section:
13 (1) "Obligee" means the individual to whom the duty
14 of support is owed or the individual's legal
15 representative.
16 (2) "Obligor" means the individual who owes a duty
17 of support pursuant to an order for support.
18 (3) "Public office" means any elected official or
19 any State or local agency which is or may become
20 responsible by law for enforcement of, or which is or may
21 become authorized to enforce, an order for support,
22 including, but not limited to: the Attorney General, the
23 Illinois Department of Public Aid, the Illinois
24 Department of Human Services, the Illinois Department of
25 Children and Family Services, and the various State's
26 Attorneys, Clerks of the Circuit Court and supervisors of
27 general assistance.
28 (b) Order.
29 (1) Whenever the court establishes, modifies or
30 enforces an order for child support or for child support
31 and maintenance the court shall include in the order a
32 provision for the health care coverage of the child which
33 shall, upon request of the obligee or Public Office,
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1 require that any child covered by the order be named as a
2 beneficiary of any health insurance plan that is
3 available to the obligor through an employer or labor
4 union or trade union. If the court finds that such a
5 plan is not available to the obligor, or that the plan is
6 not accessible to the obligee, the court may, upon
7 request of the obligee or Public Office, order the
8 obligor to name the child covered by the order as a
9 beneficiary of any health insurance plan that is
10 available to the obligor on a group basis, or as a
11 beneficiary of an independent health insurance plan to be
12 obtained by the obligor, after considering the following
13 factors:
14 (A) the medical needs of the child;
15 (B) the availability of a plan to meet those
16 needs; and
17 (C) the cost of such a plan to the obligor.
18 (2) If the employer or labor union or trade union
19 offers more than one plan, the order shall require the
20 obligor to name the child as a beneficiary of the plan in
21 which the obligor is enrolled.
22 (2.5) If the obligor changes employment and the new
23 employer provides a health insurance plan, the Public
24 Office shall transfer notice of the order to the new
25 employer. The notice shall operate to enroll the child
26 in the health insurance plan that is available to the
27 obligor unless the obligor contests the notice.
28 (3) Nothing in this Section shall be construed to
29 limit the authority of the court to establish or modify a
30 support order to provide for payment of expenses,
31 including deductibles, copayments and any other health
32 expenses, which are in addition to expenses covered by an
33 insurance plan of which a child is ordered to be named a
34 beneficiary pursuant to this Section.
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1 (c) Implementation and enforcement.
2 (1) When the court order requires that a minor
3 child be named as a beneficiary of a health insurance
4 plan, other than a health insurance plan available
5 through an employer or labor union or trade union, the
6 obligor shall provide written proof to the obligee or
7 Public Office that the required insurance has been
8 obtained, or that application for insurability has been
9 made, within 30 days of receiving notice of the court
10 order. Unless the obligor was present in court when the
11 order was issued, notice of the order shall be given
12 pursuant to Illinois Supreme Court Rules. If an obligor
13 fails to provide the required proof, he may be held in
14 contempt of court.
15 (2) When the court requires that a minor child be
16 named as a beneficiary of a health insurance plan
17 available through an employer or labor union or trade
18 union, the court's order shall be implemented in
19 accordance with Section 706.1, as now or hereafter
20 amended.
21 (d) Failure to maintain insurance. The dollar amount of
22 the premiums for court-ordered health insurance, or that
23 portion of the premiums for which the obligor is responsible
24 in the case of insurance provided under a group health
25 insurance plan through an employer or labor union or trade
26 union where the employer or labor union or trade union pays a
27 portion of the premiums, shall be considered an additional
28 child support obligation owed by the obligor. Whenever the
29 obligor fails to provide or maintain health insurance
30 pursuant to an order for support, the obligor shall be liable
31 to the obligee for the dollar amount of the premiums which
32 were not paid, and shall also be liable for all medical
33 expenses incurred by the minor child which would have been
34 paid or reimbursed by the health insurance which the obligor
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1 was ordered to provide or maintain. In addition, the obligee
2 may petition the court to modify the order based solely on
3 the obligor's failure to pay the premiums for court-ordered
4 health insurance.
5 (e) Authorization for payment. The signature of the
6 obligee is a valid authorization to the insurer to process a
7 claim for payment under the insurance plan to the provider of
8 the health care services or to the obligee.
9 (f) Disclosure of information. The obligor's employer
10 or labor union or trade union shall disclose to the obligee
11 or Public Office, upon request, information concerning any
12 dependent coverage plans which would be made available to a
13 new employee or labor union member or trade union member.
14 The employer or labor union or trade union shall disclose
15 such information whether or not a court order for medical
16 support has been entered.
17 (g) Employer obligations. If a parent is required by an
18 order for support to provide coverage for a child's health
19 care expenses and if that coverage is available to the parent
20 through an employer who does business in this State, the
21 employer must do all of the following upon receipt of a copy
22 of the order of support or order for withholding:
23 (1) The employer shall, upon the parent's request,
24 permit the parent to include in that coverage a child who
25 is otherwise eligible for that coverage, without regard
26 to any enrollment season restrictions that might
27 otherwise be applicable as to the time period within
28 which the child may be added to that coverage.
29 (2) If the parent has health care coverage through
30 the employer but fails to apply for coverage of the
31 child, the employer shall include the child in the
32 parent's coverage upon application by the child's other
33 parent or the Illinois Department of Public Aid.
34 (3) The employer may not eliminate any child from
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1 the parent's health care coverage unless the employee is
2 no longer employed by the employer and no longer covered
3 under the employer's group health plan or unless the
4 employer is provided with satisfactory written evidence
5 of either of the following:
6 (A) The order for support is no longer in
7 effect.
8 (B) The child is or will be included in a
9 comparable health care plan obtained by the parent
10 under such order that is currently in effect or will
11 take effect no later than the date the prior
12 coverage is terminated.
13 The employer may eliminate a child from a parent's
14 health care plan obtained by the parent under such order
15 if the employer has eliminated dependent health care
16 coverage for all of its employees.
17 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
18 89-626, eff. 8-9-96; 90-18, eff. 7-1-97.)
19 (750 ILCS 5/507) (from Ch. 40, par. 507)
20 Sec. 507. Payment of maintenance or support to court.
21 (a) In actions instituted under this Act, the court
22 shall order that maintenance and support payments be made to
23 the clerk of court as trustee for remittance to the person
24 entitled to receive the payments. However, the court in its
25 discretion may direct otherwise where circumstances so
26 warrant. in accordance with the Income Withholding for
27 Support
28 Upon notification in writing or by electronic
29 transmission from the Illinois Department of Public Aid
30 (before the effective date of this amendatory Act of the 91st
31 General Assembly) or the Attorney General (on and after that
32 date) to the clerk of the court that a person who is
33 receiving support payments under this Section is receiving
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1 services under the Child Support Enforcement Program
2 established by Title IV-D of the Social Security Act, any
3 support payments subsequently received by the clerk of the
4 court shall be transmitted in accordance with the
5 instructions of the Illinois Department of Public Aid or the
6 Attorney General until the Department or the Attorney General
7 gives notice to the clerk of the court to cease the
8 transmittal. After providing the notification authorized
9 under this paragraph, the Illinois Department of Public Aid
10 (before the effective date of this amendatory Act of the 91st
11 General Assembly) or the Attorney General (on and after that
12 date) shall be entitled as a party to notice of any further
13 proceedings in the case. The clerk of the court shall file a
14 copy of the Illinois Department of Public Aid's or Attorney
15 General's notification in the court file. The failure of the
16 clerk to file a copy of the notification in the court file
17 shall not, however, affect the Illinois Department of Public
18 Aid's or Attorney General's right to receive notice of
19 further proceedings.
20 (b) The clerk of court shall maintain records listing
21 the amount of payments, the date payments are required to be
22 made and the names and addresses of the parties affected by
23 the order. For those cases in which support is payable to the
24 clerk of the circuit court for transmittal to the Illinois
25 Department of Public Aid by order of the court or upon
26 notification of the Illinois Department of Public Aid or the
27 Attorney General, and the Illinois Department of Public Aid
28 or the Attorney General collects support by assignment,
29 offset, withholding, deduction or other process permitted by
30 law, the Illinois Department or the Attorney General, as the
31 case may be, shall notify the clerk of the date and amount of
32 such collection. Upon notification, the clerk shall record
33 the collection on the payment record for the case.
34 (c) The parties affected by the order shall inform the
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1 clerk of court of any change of address or of other condition
2 that may affect the administration of the order.
3 (d) The provisions of this Section shall not apply to
4 cases that come under the provisions of Sections 709 through
5 712.
6 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
7 90-790, eff. 8-14-98; revised 9-14-98.)
8 (750 ILCS 5/510) (from Ch. 40, par. 510)
9 Sec. 510. Modification and termination of provisions for
10 maintenance, support, educational expenses, and property
11 disposition.
12 (a) Except as otherwise provided in paragraph (f) of
13 Section 502 and in subsection (d), clause (3) of Section
14 505.2, the provisions of any judgment respecting maintenance
15 or support may be modified only as to installments accruing
16 subsequent to due notice by the moving party of the filing of
17 the motion for modification and, with respect to maintenance,
18 only upon a showing of a substantial change in circumstances.
19 An order for child support may be modified as follows:
20 (1) upon a showing of a substantial change in
21 circumstances; and
22 (2) without the necessity of showing a substantial
23 change in circumstances, as follows:
24 (A) upon a showing of an inconsistency of at
25 least 20%, but no less than $10 per month, between
26 the amount of the existing order and the amount of
27 child support that results from application of the
28 guidelines specified in Section 505 of this Act
29 unless the inconsistency is due to the fact that the
30 amount of the existing order resulted from a
31 deviation from the guideline amount and there has
32 not been a change in the circumstances that resulted
33 in that deviation; or
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1 (B) Upon a showing of a need to provide for
2 the health care needs of the child under the order
3 through health insurance or other means. In no
4 event shall the eligibility for or receipt of
5 medical assistance be considered to meet the need to
6 provide for the child's health care needs.
7 The provisions of subparagraph (a)(2)(A) shall apply only
8 in cases in which a party is receiving child and spouse
9 support services from the Illinois Department of Public Aid
10 under Article X of the Illinois Public Aid Code or from the
11 Attorney General under Sections 7.1 through 7.295 of the
12 Attorney General Act, and only when at least 36 months have
13 elapsed since the order for child support was entered or last
14 modified.
15 (b) The provisions as to property disposition may not be
16 revoked or modified, unless the court finds the existence of
17 conditions that justify the reopening of a judgment under the
18 laws of this State.
19 (c) Unless otherwise agreed by the parties in a written
20 agreement set forth in the judgment or otherwise approved by
21 the court, the obligation to pay future maintenance is
22 terminated upon the death of either party, or the remarriage
23 of the party receiving maintenance, or if the party receiving
24 maintenance cohabits with another person on a resident,
25 continuing conjugal basis.
26 (d) Unless otherwise agreed in writing or expressly
27 provided in a judgment, provisions for the support of a child
28 are terminated by emancipation of the child, except as
29 otherwise provided herein, but not by the death of a parent
30 obligated to support or educate the child. An existing
31 obligation to pay for support or educational expenses, or
32 both, is not terminated by the death of a parent. When a
33 parent obligated to pay support or educational expenses, or
34 both, dies, the amount of support or educational expenses, or
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1 both, may be enforced, modified, revoked or commuted to a
2 lump sum payment, as equity may require, and that
3 determination may be provided for at the time of the
4 dissolution of the marriage or thereafter.
5 (e) The right to petition for support or educational
6 expenses, or both, under Sections 505 and 513 is not
7 extinguished by the death of a parent. Upon a petition filed
8 before or after a parent's death, the court may award sums of
9 money out of the decedent's estate for the child's support or
10 educational expenses, or both, as equity may require. The
11 time within which a claim may be filed against the estate of
12 a decedent under Sections 505 and 513 and subsection (d) and
13 this subsection shall be governed by the provisions of the
14 Probate Act of 1975, as a barrable, noncontingent claim.
15 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
16 (750 ILCS 5/516) (from Ch. 40, par. 516)
17 Sec. 516. Public Aid Collection fee.
18 (a) In all cases instituted before the effective date of
19 this amendatory Act of the 91st General Assembly by the
20 Illinois Department of Public Aid on behalf of a child or
21 spouse, other than one receiving a grant of financial aid
22 under Article IV of The Illinois Public Aid Code, on whose
23 behalf an application has been made and approved for support
24 services as provided by Section 10-1 of that Code, the court
25 shall impose a collection fee on the individual who owes a
26 child or spouse support obligation in an amount equal to 10%
27 of the amount so owed as long as such collection is required
28 by federal law, which fee shall be in addition to the support
29 obligation. The imposition of such fee shall be in
30 accordance with provisions of Title IV, Part D, of the Social
31 Security Act and regulations duly promulgated thereunder.
32 The fee shall be payable to the clerk of the circuit court
33 for transmittal to the Illinois Department of Public Aid and
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1 shall continue until support services are terminated by that
2 Department, except as otherwise provided in this subsection.
3 If a collection fee is imposed under this subsection and
4 if, on or after the effective date of this amendatory Act of
5 the 91st General Assembly, the child or spouse receives
6 support services under Section 7.5 of the Attorney General
7 Act, the fee shall be payable to the clerk of the circuit
8 court for transmittal to the Attorney General and shall
9 continue until support services are terminated by the
10 Attorney General. Nothing in this amendatory Act of the 91st
11 General Assembly shall be construed to affect the validity of
12 any collection fee imposed in accordance with the first
13 paragraph of this subsection.
14 (b) In all cases instituted on or after the effective
15 date of this amendatory Act of the 91st General Assembly by
16 the Attorney General on behalf of a child or spouse, other
17 than one receiving a grant of financial aid under Article IV
18 of the Illinois Public Aid Code, on whose behalf an
19 application has been made and approved for support services
20 as provided by Section 7.5 of the Attorney General Act, the
21 court shall impose a collection fee on the individual who
22 owes a child or spouse support obligation in an amount equal
23 to 10% of the amount so owed as long as such collection is
24 required by federal law, which fee shall be in addition to
25 the support obligation. The imposition of such fee shall be
26 in accordance with provisions of Title IV, Part D, of the
27 Social Security Act and regulations duly promulgated
28 thereunder. The fee shall be payable to the clerk of the
29 circuit court for transmittal to the Attorney General and
30 shall continue until support services are terminated by the
31 Attorney General.
32 (Source: P.A. 82-979.)
33 (750 ILCS 5/705) (from Ch. 40, par. 705)
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1 Sec. 705. Support payments; receiving and disbursing
2 agents.
3 (1) The provisions of this Section shall apply, except
4 as provided in Sections 709 through 712.
5 (2) In a dissolution of marriage action filed in a
6 county of less than 3 million population in which an order or
7 judgment for child support is entered, and in supplementary
8 proceedings in any such county to enforce or vary the terms
9 of such order or judgment arising out of an action for
10 dissolution of marriage filed in such county, the court,
11 except as it otherwise orders, under subsection (4) of this
12 Section, may direct that child support payments be made to
13 the clerk of the court.
14 (3) In a dissolution of marriage action filed in any
15 county of 3 million or more population in which an order or
16 judgment for child support is entered, and in supplementary
17 proceedings in any such county to enforce or vary the terms
18 of such order or judgment arising out of an action for
19 dissolution of marriage filed in such county, the court,
20 except as it otherwise orders under subsection (4) of this
21 Section, may direct that child support payments be made
22 either to the clerk of the court or to the Court Service
23 Division of the County Department of Public Aid. After the
24 effective date of this Act, the court, except as it otherwise
25 orders under subsection (4) of this Section, may direct that
26 child support payments be made either to the clerk of the
27 court, Attorney General, or to the Illinois Department of
28 Public Aid.
29 (4) In a dissolution of marriage action or supplementary
30 proceedings involving maintenance or child support payments,
31 or both, to persons who are recipients of aid under the
32 Illinois Public Aid Code, the court shall direct that such
33 payments be made to (a) the Attorney General Illinois
34 Department of Public Aid if the persons are recipients under
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1 Articles III, IV, or V of the Code, or (b) the local
2 governmental unit responsible for their support if they are
3 recipients under Articles VI or VII of the Code. In
4 accordance with federal law and regulations, the Illinois
5 Department of Public Aid or the Attorney General may continue
6 to collect current maintenance payments or child support
7 payments, or both, after those persons cease to receive
8 public assistance and until termination of services under
9 Article X of the Illinois Public Aid Code or under Sections
10 7.1 through 7.295 of the Attorney General Act. The Illinois
11 Department of Public Aid or the Attorney General shall pay
12 the net amount collected to those persons after deducting any
13 costs incurred in making the collection or any collection fee
14 from the amount of any recovery made. The order shall permit
15 the Illinois Department of Public Aid, or the Attorney
16 General, or the local governmental unit, as the case may be,
17 to direct that payments be made directly to the former
18 spouse, the children, or both, or to some person or agency in
19 their behalf, upon removal of the former spouse or children
20 from the public aid rolls or upon termination of services
21 under Article X of the Illinois Public Aid Code or under
22 Sections 7.1 through 7.295 of the Attorney General Act; and
23 upon such direction, the Illinois Department, Attorney
24 General, or local governmental unit, as the case requires,
25 shall give notice of such action to the court in writing or
26 by electronic transmission.
27 (5) All clerks of the court and the Court Service
28 Division of a County Department of Public Aid and, after the
29 effective date of this Act, all clerks, the Attorney General,
30 of the court and the Illinois Department of Public Aid,
31 receiving child support payments under subsections (2) and
32 (3) of this Section shall disburse the payments to the person
33 or persons entitled thereto under the terms of the order or
34 judgment. They shall establish and maintain current records
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1 of all moneys received and disbursed and of defaults and
2 delinquencies in required payments. The court, by order or
3 rule, shall make provision for the carrying out of these
4 duties.
5 in effect in accordance with the Income Withholding for
6 Support
7 Upon notification in writing or by electronic
8 transmission from the Illinois Department of Public Aid
9 (before the effective date of this amendatory Act of the 91st
10 General Assembly) or the Attorney General (on and after that
11 date) to the clerk of the court that a person who is
12 receiving support payments under this Section is receiving
13 services under the Child Support Enforcement Program
14 established by Title IV-D of the Social Security Act, any
15 support payments subsequently received by the clerk of the
16 court shall be transmitted in accordance with the
17 instructions of the Illinois Department of Public Aid or the
18 Attorney General until the Department or the Attorney General
19 gives notice to the clerk of the court to cease the
20 transmittal. After providing the notification authorized
21 under this paragraph, the Illinois Department of Public Aid
22 (before the effective date of this amendatory Act of the 91st
23 General Assembly) or the Attorney General (on and after that
24 date) shall be entitled as a party to notice of any further
25 proceedings in the case. The clerk of the court shall file a
26 copy of the Illinois Department of Public Aid's or Attorney
27 General's notification in the court file. The failure of the
28 clerk to file a copy of the notification in the court file
29 shall not, however, affect the Illinois Department of Public
30 Aid's or Attorney General's right to receive notice of
31 further proceedings.
32 Payments under this Section to the Illinois Department of
33 Public Aid or the Attorney General pursuant to the Child
34 Support Enforcement Program established by Title IV-D of the
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1 Social Security Act shall be paid into the Child Support
2 Enforcement Trust Fund. All other payments under this Section
3 to the Illinois Department of Public Aid shall be deposited
4 in the Public Assistance Recoveries Trust Fund. Disbursements
5 from these funds shall be as provided in the Illinois Public
6 Aid Code. Payments received by a local governmental unit
7 shall be deposited in that unit's General Assistance Fund.
8 Any order of court directing payment of child support to a
9 clerk of court or the Court Service Division of a County
10 Department of Public Aid, which order has been entered on or
11 after August 14, 1961, and prior to the effective date of
12 this Act, may be amended by the court in line with this Act;
13 and orders involving payments of maintenance or child support
14 to recipients of public aid may in like manner be amended to
15 conform to this Act.
16 (6) No filing fee or costs will be required in any
17 action brought at the request of the Illinois Department of
18 Public Aid or the Attorney General in any proceeding under
19 this Act. However, any such fees or costs may be assessed by
20 the court against the respondent in the court's order of
21 support or any modification thereof in a proceeding under
22 this Act.
23 (7) For those cases in which child support is payable to
24 the clerk of the circuit court for transmittal to the
25 Illinois Department of Public Aid or the Attorney General by
26 order of court or upon notification by the Illinois
27 Department of Public Aid or the Attorney General, the clerk
28 shall transmit all such payments, within 4 working days of
29 receipt, to ensure insure that funds are available for
30 immediate distribution by the Department or the Attorney
31 General to the person or entity entitled thereto in
32 accordance with standards of the Child Support Enforcement
33 Program established under Title IV-D of the Social Security
34 Act. The clerk shall notify the Department or the Attorney
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1 General of the date of receipt and amount thereof at the time
2 of transmittal. Where the clerk has entered into an
3 agreement of cooperation with the Department or the Attorney
4 General to record the terms of child support orders and
5 payments made thereunder directly into the IV-D Agency's
6 Department's automated data processing system, the clerk
7 shall account for, transmit and otherwise distribute child
8 support payments in accordance with such agreement in lieu of
9 the requirements contained herein.
10 In any action filed in a county with a population of
11 1,000,000 or less, the court shall assess against the
12 respondent in any order of maintenance or child support any
13 sum up to $36 annually authorized by ordinance of the county
14 board to be collected by the clerk of the court as costs for
15 administering the collection and disbursement of maintenance
16 and child support payments. Such sum shall be in addition to
17 and separate from amounts ordered to be paid as maintenance
18 or child support.
19 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
20 90-790, eff. 8-14-98; revised 9-14-98.)
21 (750 ILCS 5/709) (from Ch. 40, par. 709)
22 Sec. 709. Mandatory child support payments to clerk.
23 (a) As of January 1, 1982, child support orders entered
24 in any county covered by this subsection shall be made
25 pursuant to the provisions of Sections 709 through 712 of
26 this Act. For purposes of these Sections, the term "child
27 support payment" or "payment" shall include any payment
28 ordered to be made solely for the purpose of the support of a
29 child or children or any payment ordered for general support
30 which includes any amount for support of any child or
31 children.
32 The provisions of Sections 709 through 712 shall be
33 applicable to any county with a population of 2 million or
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1 more and to any other county which notifies the Supreme Court
2 of its desire to be included within the coverage of these
3 Sections and is certified pursuant to Supreme Court Rules.
4 The effective date of inclusion, however, shall be
5 subject to approval of the application for reimbursement of
6 the costs of the support program by the Department of Public
7 Aid (before the effective date of this amendatory Act of the
8 91st General Assembly) or the Attorney General (on and after
9 that date) as provided in Section 712.
10 (b) In any proceeding for a dissolution of marriage,
11 legal separation, or declaration of invalidity of marriage,
12 or in any supplementary proceedings in which a judgment or
13 modification thereof for the payment of child support is
14 entered on or after January 1, 1982, in any county covered by
15 Sections 709 through 712, and the person entitled to payment
16 is receiving a grant of financial aid under Article IV of the
17 Illinois Public Aid Code or has applied and qualified for
18 support services under Section 10-1 of that Code or under
19 Section 7.5 of the Attorney General Act, the court shall
20 direct: (1) that such payments be made to the clerk of the
21 court and (2) that the parties affected shall each thereafter
22 notify the clerk of any change of address or change in other
23 conditions that may affect the administration of the order,
24 including the fact that a party who was previously not on
25 public aid has become a recipient of public aid, within 10
26 days of such change. All notices sent to the obligor's last
27 known address on file with the clerk shall be deemed
28 sufficient to proceed with enforcement pursuant to the
29 provisions of Sections 709 through 712.
30 In all other cases, the court may direct that payments be
31 made to the clerk of the court.
32 (c) Except as provided in subsection (d) of this
33 Section, the clerk shall disburse the payments to the person
34 or persons entitled thereto under the terms of the order or
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1 judgment.
2 (d) The court shall determine, prior to the entry of the
3 support order, if the party who is to receive the support is
4 presently receiving public aid or has a current application
5 for public aid pending and shall enter the finding on the
6 record.
7 If the person entitled to payment is a recipient of aid
8 under the Illinois Public Aid Code, the clerk, upon being
9 informed of this fact by finding of the court, by
10 notification by the party entitled to payment, by the
11 Illinois Department of Public Aid, the Attorney General, or
12 by the local governmental unit, shall make all payments to:
13 (1) the Attorney General Illinois Department of Public Aid if
14 the person is a recipient under Article III, IV, or V of the
15 Code or (2) the local governmental unit responsible for his
16 or her support if the person is a recipient under Article VI
17 or VII of the Code. In accordance with federal law and
18 regulations, the Illinois Department of Public Aid may
19 continue to collect current maintenance payments or child
20 support payments, or both, after those persons cease to
21 receive public assistance and until termination of services
22 under Article X of the Illinois Public Aid Code or under
23 Sections 7.1 through 7.295 of the Attorney General Act. The
24 Illinois Department of Public Aid or the Attorney General
25 shall pay the net amount collected to those persons after
26 deducting any costs incurred in making the collection or any
27 collection fee from the amount of any recovery made. Upon
28 termination of public aid payments to such a recipient or
29 termination of services under Article X of the Illinois
30 Public Aid Code or under Sections 7.1 through 7.295 of the
31 Attorney General Act, the Illinois Department of Public Aid,
32 the Attorney General, or the appropriate local governmental
33 unit shall notify the clerk in writing or by electronic
34 transmission that all subsequent payments are to be sent
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1 directly to the person entitled thereto.
2 Upon notification in writing or by electronic
3 transmission from the Illinois Department of Public Aid
4 (before the effective date of this amendatory Act of the 91st
5 General Assembly) or the Attorney General (on and after that
6 date) to the clerk of the court that a person who is
7 receiving support payments under this Section is receiving
8 services under the Child Support Enforcement Program
9 established by Title IV-D of the Social Security Act, any
10 support payments subsequently received by the clerk of the
11 court shall be transmitted in accordance with the
12 instructions of the Illinois Department of Public Aid or the
13 Attorney General until the Department or the Attorney General
14 gives notice to the clerk of the court to cease the
15 transmittal. After providing the notification authorized
16 under this paragraph, the Illinois Department of Public Aid
17 (before the effective date of this amendatory Act of the 91st
18 General Assembly) or the Attorney General (on and after that
19 date) shall be entitled as a party to notice of any further
20 proceedings in the case. The clerk of the court shall file a
21 copy of the Illinois Department of Public Aid's or Attorney
22 General's notification in the court file. The failure of the
23 clerk to file a copy of the notification in the court file
24 shall not, however, affect the Illinois Department of Public
25 Aid's or Attorney General's right to receive notice of
26 further proceedings.
27 Payments under this Section to the Illinois Department of
28 Public Aid or the Attorney General pursuant to the Child
29 Support Enforcement Program established by Title IV-D of the
30 Social Security Act shall be paid into the Child Support
31 Enforcement Trust Fund. All other payments under this Section
32 to the Illinois Department of Public Aid shall be deposited
33 in the Public Assistance Recoveries Trust Fund. Disbursements
34 from these funds shall be as provided in the Illinois Public
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1 Aid Code. Payments received by a local governmental unit
2 shall be deposited in that unit's General Assistance Fund.
3 (e) Any order or judgment may be amended by the court,
4 upon its own motion or upon the motion of either party, to
5 conform with the provisions of Sections 709 through 712,
6 either as to the requirement of making payments to the clerk
7 or, where payments are already being made to the clerk, as to
8 the statutory fees provided for under Section 711.
9 (f) The clerk may invest in any interest bearing account
10 or in any securities, monies collected for the benefit of a
11 payee, where such payee cannot be found; however, the
12 investment may be only for the period until the clerk is able
13 to locate and present the payee with such monies. The clerk
14 may invest in any interest bearing account, or in any
15 securities, monies collected for the benefit of any other
16 payee; however, this does not alter the clerk's obligation to
17 make payments to the payee in a timely manner. Any interest
18 or capital gains accrued shall be for the benefit of the
19 county and shall be paid into the special fund established in
20 subsection (b) of Section 711.
21 (g) The clerk shall establish and maintain a payment
22 record of all monies received and disbursed and such record
23 shall constitute prima facie evidence of such payment and
24 non-payment, as the case may be.
25 (h) For those cases in which child support is payable to
26 the clerk of the circuit court for transmittal to the
27 Illinois Department of Public Aid or the Attorney General by
28 order of court or upon notification by the Illinois
29 Department of Public Aid or the Attorney General, the clerk
30 shall transmit all such payments, within 4 working days of
31 receipt, to ensure insure that funds are available for
32 immediate distribution by the Department to the person or
33 entity entitled thereto in accordance with standards of the
34 Child Support Enforcement Program established under Title
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1 IV-D of the Social Security Act. The clerk shall notify the
2 Department of the date of receipt and amount thereof at the
3 time of transmittal. Where the clerk has entered into an
4 agreement of cooperation with the Department to record the
5 terms of child support orders and payments made thereunder
6 directly into the Department's automated data processing
7 system, the clerk shall account for, transmit and otherwise
8 distribute child support payments in accordance with such
9 agreement in lieu of the requirements contained herein.
10 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
11 (750 ILCS 5/710) (from Ch. 40, par. 710)
12 Sec. 710. Enforcement; Penalties.
13 (a) In counties certified as included under the
14 provisions of Sections 709 through 712 and whose application
15 for reimbursement is approved, there shall be instituted a
16 child support enforcement program to be conducted by the
17 clerk of the circuit court and the state's attorney of the
18 county. The program is to be limited to enforcement of child
19 support orders entered pursuant to this Act.
20 The child support enforcement program is to be conducted
21 only on behalf of dependent children included in a grant of
22 financial aid under Article IV of The Illinois Public Aid
23 Code and parties who apply and qualify for support services
24 pursuant to Section 10-1 of such Code or Section 7.5 of the
25 Attorney General Act.
26 Nothing in this Section shall be construed to prohibit
27 the establishment of a child support enforcement program by
28 the clerk of the circuit court in cooperation with the
29 State's Attorney of the county.
30 (b) In the event of a delinquency in payment, as
31 determined from the record maintained by the clerk in a
32 county covered by the child support enforcement program, such
33 clerk shall notify both the party obligated to make the
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1 payment, hereinafter called the payor, and the recipient of
2 such payment, hereinafter called the payee, of such
3 delinquency and that if the amount then due and owing is not
4 remitted in the time period required by circuit court rules,
5 the matter will be referred to the state's attorney for
6 enforcement proceedings. Upon failure of the payor to remit
7 as required, the clerk shall refer the matter to the state's
8 attorney, except as provided by rule of the circuit court.
9 (c) Upon referral from the clerk, the state's attorney
10 shall promptly initiate enforcement proceedings against the
11 payor. Legal representation by the state's attorney shall be
12 limited to child support and shall not extend to visitation,
13 custody, property or other matters; however, if the payor
14 properly files pleadings raising such matters during the
15 course of the child support hearing and the court finds that
16 it has jurisdiction of such matters, the payee shall be
17 granted the opportunity to obtain a continuance in order to
18 secure representation for those other matters, and the court
19 shall not delay entry of an appropriate support order pending
20 the disposition of such other matters.
21 If the state's attorney does not commence enforcement
22 proceedings within 30 days, the clerk shall inform the court
23 which, upon its own motion, shall appoint counsel for
24 purposes of enforcement. The fees and expenses of such
25 counsel shall be paid by the payor and shall not be paid by
26 the State.
27 Nothing in this Section shall be construed to prevent a
28 payee from instituting independent enforcement proceedings or
29 limit the remedies available to payee in such proceedings.
30 However, absent the exercise under this provision of a
31 private right of enforcement, enforcement shall be as
32 otherwise provided in this Section.
33 (d) At the time any support order is entered, the payee
34 shall be informed of the procedure used for enforcement and
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1 shall be given the address and telephone number both of the
2 clerk and of the Child and Spouse Support Unit as provided in
3 Section 712.
4 The payee shall be informed that, if no action is taken
5 within 2 months of any complaint to the clerk, payee may
6 contact the Unit to seek assistance in obtaining enforcement.
7 (e) Upon a finding that payor is in default and that
8 such non-payment is for a period of two months and that such
9 non-payment is without good cause, the court shall order the
10 payor to pay a sum equal to 2% of the arrearage as a penalty
11 along with his payment.
12 The court may further assess against the payor any fees
13 and expenses incurred in the enforcement of any order or the
14 reasonable value thereof and may impose any penalty otherwise
15 available to it in a case of contempt.
16 All penalties, fees and expenses assessed against the
17 payor pursuant to this subsection are to cover the expenses
18 of enforcement, are to be paid to the clerk and are to be
19 placed by him in the special fund provided for in Section
20 711.
21 (f) Any person not covered by the child support
22 enforcement program may institute private and independent
23 proceedings to enforce payment of support.
24 (Source: P.A. 88-284.)
25 (750 ILCS 5/712) (from Ch. 40, par. 712)
26 Sec. 712. (a) The Supreme Court may make Rules
27 concerning the certification of counties for inclusion in the
28 child support enforcement program and the application of the
29 procedures created by Sections 709 through 712 in the various
30 counties.
31 The Supreme Court shall inform each circuit court and
32 clerk of the court of the availability of the program to
33 reimburse counties desiring to participate in the program of
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1 enforcement of child support payments.
2 The Supreme Court shall also distribute to each circuit
3 court and clerk of the court any materials prepared by the
4 Child and Spouse Support Unit comparing child support
5 enforcement in counties included and not included in this
6 program.
7 (b) Before the effective date of this amendatory Act of
8 the 91st General Assembly, the Illinois Department of Public
9 Aid, through the Child and Spouse Support Unit provided for
10 by Section 10-3.1 of The Illinois Public Aid Code, shall have
11 general supervision of the child support programs created by
12 Sections 709 through 712 and shall have the powers and duties
13 provided in this Section, including the following:
14 (1) to make advance payments to any county included in
15 the program for expenses in preparing programs to enforce
16 payment of child support to the clerk from appropriations
17 made for such purposes by the General Assembly;
18 (2) to make payments to each covered county to pay for
19 its reasonable expenses actually necessary to maintain a
20 continuing program not paid for by fees, penalties, or other
21 monies; provided that, with respect to that portion of the
22 program on behalf of dependent children included in a grant
23 of financial aid under Article IV of The Illinois Public Aid
24 Code the Unit shall pay only such expenses as is its current
25 practice or as it may deem appropriate; provided further that
26 the Unit shall only pay expenses of the entire program
27 subject to the availability of federal monies to pay the
28 majority of expenses of the entire child support enforcement
29 program; provided further that the Unit or Department may set
30 standards relating to enforcement which have to be met by any
31 county seeking to enter a contract with the Department for
32 reimbursement of expenses of the entire enforcement program
33 prior to an application for reimbursement being approved and
34 the contract granted; and provided further that such
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1 standards may relate to, but are not limited to the following
2 factors: maintenance of the payment record, the definition of
3 delinquency; the period of time in which a delinquency must
4 be determined, the payor notified, the remittance received,
5 the referral to the state's attorney made, and the payment
6 remitted by the clerk to the payee or other party entitled to
7 the payment; the conditions under which referral will not be
8 made to the state's attorney; and the definitions and
9 procedures for other matters necessary for the conduct and
10 operation of the program;
11 (3) to monitor the various local programs for
12 enforcement of child support payments to the clerk;
13 (4) to act to encourage enforcement whenever local
14 enforcement procedures are inadequate;
15 (5) to receive monies from any source for assistance in
16 enforcement of child support; and
17 (6) to assist any county desirous of assistance in
18 establishing and maintaining a child support enforcement
19 program.
20 (b-5) On and after the effective date of this amendatory
21 Act of the 91st General Assembly, the Attorney General,
22 through the Child and Spouse Support Unit provided for by
23 Section 7.20 of the Attorney General Act, shall have general
24 supervision of the child support programs created by Sections
25 709 through 712 and shall have the powers and duties provided
26 in this Section, including those assigned to the Illinois
27 Department of Public Aid and its Child and Spouse Support
28 Unit under subsection (b).
29 (c) Any county may apply for financial assistance to the
30 Unit to initiate or maintain a program of child support
31 enforcement. Every county which desires such assistance
32 shall apply according to procedures established by the Unit.
33 In its application, it shall state the following: financial
34 needs, personnel requirements, anticipated caseloads, any
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1 amounts collected or anticipated in fees or penalties, and
2 any other information required by the Unit.
3 (d) In the case that any advance money is given to any
4 county under this Section to initiate an enforcement system,
5 the county shall reimburse the state within 2 years from the
6 date such monies are given to it. The Unit may establish an
7 appropriate schedule of reimbursement for any county.
8 (e) In the event of the unavailability of federal monies
9 to pay for the greater part of the costs to a county of the
10 child support enforcement program under Sections 709 through
11 712 and the resulting cessation of state participation, the
12 operation of the child support enforcement program under
13 Sections 709 through 712 shall terminate. The date and the
14 method of termination shall be determined by Supreme Court
15 Rule.
16 (Source: P.A. 84-1395.)
17 Section 55. The Non-Support of Spouse and Children Act
18 is amended by changing Sections 2.1, 3, 4, 11, and 12 as
19 follows:
20 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
21 Sec. 2.1. Support payments; receiving and disbursing
22 agents.
23 (1) In actions instituted under this Act on and after
24 August 14, 1961, involving a minor child or children, the
25 Court, except in actions instituted on or after August 26,
26 1969, in which the support payments are in behalf of a
27 recipient of aid under the Illinois Public Aid Code, shall
28 direct that moneys ordered to be paid for support under
29 Sections 3 and 4 of this Act shall be paid to the clerk of
30 the court in counties of less than 3 million population, and
31 in counties of 3 million or more population, to the clerk or
32 probation officer of the court or to the Court Service
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1 Division of the County Department of Public Aid. After the
2 effective date of this amendatory Act of 1975, the court
3 shall direct that such support moneys be paid to the clerk or
4 probation officer or the Illinois Department of Public Aid.
5 However, the court in its discretion may direct otherwise
6 where exceptional circumstances so warrant. If payment is to
7 be made to persons other than the clerk or probation officer,
8 the Attorney General the Court Service Division of the County
9 Department of Public Aid, or the Illinois Department of
10 Public Aid, the judgment or order of support shall set forth
11 the facts of the exceptional circumstances.
12 (2) In actions instituted after August 26, 1969, where
13 the support payments are in behalf of spouses, children, or
14 both, who are recipients of aid under the Illinois Public Aid
15 Code, the court shall order the payments to be made directly
16 to (1) the Attorney General Illinois Department of Public Aid
17 in accordance with the Income Withholding for Support
21 Upon notification in writing or by electronic
22 transmission from the Illinois Department of Public Aid
23 (before the effective date of this amendatory Act of the 91st
24 General Assembly) or the Attorney General (on and after that
25 date) to the clerk of the court that a person who is
26 receiving support payments under this Section is receiving
27 services under the Child Support Enforcement Program
28 established by Title IV-D of the Social Security Act, any
29 support payments subsequently received by the clerk of the
30 court shall be transmitted in accordance with the
31 instructions of the Illinois Department of Public Aid or the
32 Attorney General until the Department or the Attorney General
33 gives notice to the clerk of the court to cease the
34 transmittal. After providing the notification authorized
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1 under this paragraph, the Illinois Department of Public Aid
2 (before the effective date of this amendatory Act of the 91st
3 General Assembly) or the Attorney General (on and after that
4 date) shall be entitled as a party to notice of any further
5 proceedings in the case. The clerk of the court shall file a
6 copy of the Illinois Department of Public Aid's or Attorney
7 General's notification in the court file. The failure of the
8 clerk to file a copy of the notification in the court file
9 shall not, however, affect the Illinois Department of Public
10 Aid's or Attorney General's right to receive notice of
11 further proceedings.
12 (4) Payments under this Section to the Illinois
13 Department of Public Aid or the Attorney General pursuant to
14 the Child Support Enforcement Program established by Title
15 IV-D of the Social Security Act shall be paid into the Child
16 Support Enforcement Trust Fund. All other payments under this
17 Section to the Illinois Department of Public Aid shall be
18 deposited in the Public Assistance Recoveries Trust Fund.
19 Disbursements from these funds shall be as provided in the
20 Illinois Public Aid Code. Payments received by a local
21 governmental unit shall be deposited in that unit's General
22 Assistance Fund.
23 (5) Orders and assignments entered or executed prior to
24 the Act approved August 14, 1961 shall not be affected
25 thereby. Employers served with wage assignments executed
26 prior to that date shall comply with the terms thereof.
27 However, the Court, on petition of the state's attorney, or
28 of the Illinois Department of Public Aid or local
29 governmental unit in respect to recipients of public aid, may
30 order the execution of new assignments and enter new orders
31 designating the clerk, probation officer, or the Illinois
32 Department of Public Aid or appropriate local governmental
33 unit in respect to payments in behalf of recipients of public
34 aid, as the person or agency authorized to receive and
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1 disburse the salary or wages assigned. On like petition the
2 Court may enter new orders designating such officers,
3 agencies or governmental units to receive and disburse the
4 payments ordered under Section 4.
5 (6) For those cases in which child support is payable to
6 the clerk of the circuit court for transmittal to the
7 Illinois Department of Public Aid or the Attorney General by
8 order of court or upon notification by the Illinois
9 Department of Public Aid or the Attorney General, the clerk
10 shall transmit all such payments, within 4 working days of
11 receipt, to ensure insure that funds are available for
12 immediate distribution by the Department or the Attorney
13 General to the person or entity entitled thereto in
14 accordance with standards of the Child Support Enforcement
15 Program established under Title IV-D of the Social Security
16 Act. The clerk shall notify the Department or the Attorney
17 General of the date of receipt and amount thereof at the time
18 of transmittal. Where the clerk has entered into an
19 agreement of cooperation with the Department or the Attorney
20 General to record the terms of child support orders and
21 payments made thereunder directly into the IV-D Agency's
22 Department's automated data processing system, the clerk
23 shall account for, transmit and otherwise distribute child
24 support payments in accordance with such agreement in lieu of
25 the requirements contained herein.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
27 90-790, eff. 8-14-98; revised 9-14-98.)
28 (750 ILCS 15/3) (from Ch. 40, par. 1106)
29 Sec. 3. At any time before the trial, upon motion of the
30 State's Attorney, or of the Attorney General if the action
31 has been instituted by his office, and upon notice to the
32 defendant, or at the time of arraignment or as a condition of
33 the postponement of arraignment, the court at any time may
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1 enter such temporary order as may seem just, providing for
2 the support or maintenance of the spouse or child or children
3 of the defendant, or both, pendente lite.
4 The Court shall determine the amount of child support by
5 using the guidelines and standards set forth in subsection
6 (a) of Section 505 and in Section 505.2 of the Illinois
7 Marriage and Dissolution of Marriage Act.
8 An order entered under this Section shall include a
9 provision requiring the obligor to report to the obligee and
10 to the clerk of court within 10 days each time the obligor
11 obtains new employment, and each time the obligor's
12 employment is terminated for any reason. The report shall be
13 in writing and shall, in the case of new employment, include
14 the name and address of the new employer. Failure to report
15 new employment or the termination of current employment, if
16 coupled with nonpayment of support for a period in excess of
17 60 days, is indirect criminal contempt. For any obligor
18 arrested for failure to report new employment bond shall be
19 set in the amount of the child support that should have been
20 paid during the period of unreported employment. An order
21 entered under this Section shall also include a provision
22 requiring the obligor and obligee parents to advise each
23 other of a change in residence within 5 days of the change
24 except when the court finds that the physical, mental, or
25 emotional health of a party or that of a minor child, or
26 both, would be seriously endangered by disclosure of the
27 party's address.
28 The Court shall determine the amount of maintenance using
29 the standards set forth in Section 504 of the Illinois
30 Marriage and Dissolution of Marriage Act.
31 The court may for violation of any order under this
32 Section punish the offender as for a contempt of court, but
33 no pendente lite order shall remain in force for a longer
34 term than 4 months, or after the discharge of any panel of
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1 jurors summoned for service thereafter in such court,
2 whichever is the sooner.
3 Any new or existing support order entered by the court
4 under this Section shall be deemed to be a series of
5 judgments against the person obligated to pay support
6 thereunder, each such judgment to be in the amount of each
7 payment or installment of support and each such judgment to
8 be deemed entered as of the date the corresponding payment or
9 installment becomes due under the terms of the support order.
10 Each such judgment shall have the full force, effect and
11 attributes of any other judgment of this State, including the
12 ability to be enforced. Any such judgment is subject to
13 modification or termination only in accordance with Section
14 510 of the Illinois Marriage and Dissolution of Marriage Act.
15 A lien arises by operation of law against the real and
16 personal property of the noncustodial parent for each
17 installment of overdue support owed by the noncustodial
18 parent.
19 A one-time interest charge of 20% is imposable upon the
20 amount of past-due child support owed on July 1, 1988 which
21 has accrued under a support order entered by the court. The
22 charge shall be imposed in accordance with the provisions of
23 Section 10-21 of the Illinois Public Aid Code and shall be
24 enforced by the court upon petition. On and after the
25 effective date of this amendatory Act of the 91st General
26 Assembly, the Attorney General may collect, on behalf of the
27 Illinois Department of Public Aid, any charge imposed in
28 accordance with this paragraph. Nothing in this amendatory
29 Act of the 91st General Assembly shall be construed to affect
30 the validity of any charge imposed in accordance with this
31 paragraph.
32 All orders for support, when entered or modified, shall
33 include a provision requiring the non-custodial parent to
34 notify the court and, in cases in which a party is receiving
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1 child and spouse support services under Article X of the
2 Illinois Public Aid Code or under Sections 7.1 through 7.295
3 of the Attorney General Act, the Illinois Department of
4 Public Aid (before the effective date of this amendatory Act
5 of the 91st General Assembly) or the Attorney General (on and
6 after that date), within 7 days, (i) of the name and address
7 of any new employer of the non-custodial parent, (ii) whether
8 the non-custodial parent has access to health insurance
9 coverage through the employer or other group coverage and, if
10 so, the policy name and number and the names of persons
11 covered under the policy, and (iii) of any new residential or
12 mailing address or telephone number of the non-custodial
13 parent. In any subsequent action to enforce a support order,
14 upon a sufficient showing that a diligent effort has been
15 made to ascertain the location of the non-custodial parent,
16 service of process or provision of notice necessary in the
17 case may be made at the last known address of the
18 non-custodial parent in any manner expressly provided by the
19 Code of Civil Procedure or this Act, which service shall be
20 sufficient for purposes of due process.
21 An order for support shall include a date on which the
22 current support obligation terminates. The termination date
23 shall be no earlier than the date on which the child covered
24 by the order will attain the age of majority or is otherwise
25 emancipated. The order for support shall state that the
26 termination date does not apply to any arrearage that may
27 remain unpaid on that date. Nothing in this paragraph shall
28 be construed to prevent the court from modifying the order.
29 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
30 90-655, eff. 7-30-98.)
31 (750 ILCS 15/4) (from Ch. 40, par. 1107)
32 Sec. 4. Whenever a fine is imposed it may be directed by
33 the court to be paid, in whole or in part, to the spouse, or
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1 if the support of a minor child or children is involved, to
2 the clerk, probation officer, the Court Service Division of
3 the County Department of Public Aid in counties of 3 million
4 or more population or to the Illinois Department of Public
5 Aid, the Attorney General, or a local governmental unit if a
6 recipient of public aid is involved, in accordance with
7 Section 2.1, as the case requires, to be disbursed by such
8 officers, agency or governmental unit under the terms of the
9 order. However, before the trial with the consent of the
10 defendant, or at the trial on entry of a plea of guilty, or
11 after conviction, instead of imposing the penalty provided in
12 this Act, or in addition thereto, the court in its
13 discretion, having regard to the circumstances and the
14 financial ability or earning capacity of the defendant, may
15 make an order, subject to change by the court from time to
16 time as circumstances may require, directing the defendant to
17 pay a certain sum periodically for a term not exceeding 3
18 years to the spouse or, if the support of a minor child or
19 children is involved, to the clerk, probation officer, the
20 Court Service Division of the County Department of Public Aid
21 in counties of 3 million or more population or to the
22 Illinois Department of Public Aid, the Attorney General, or a
23 local governmental unit if a recipient of public aid is
24 involved in accordance with Section 2.1, as the case
25 requires, to be disbursed by such officers, agency or
26 governmental unit under the terms of the order.
27 The Court shall determine the amount of child support by
28 using the standards set forth in subsection (a) of Section
29 505 and in Section 505.2 of the Illinois Marriage and
30 Dissolution of Marriage Act.
31 An order entered under this Section shall include a
32 provision requiring the obligor to report to the obligee and
33 to the clerk of court within 10 days each time the obligor
34 obtains new employment, and each time the obligor's
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1 employment is terminated for any reason. The report shall be
2 in writing and shall, in the case of new employment, include
3 the name and address of the new employer. Failure to report
4 new employment or the termination of current employment, if
5 coupled with nonpayment of support for a period in excess of
6 60 days, is indirect criminal contempt. For any obligor
7 arrested for failure to report new employment bond shall be
8 set in the amount of the child support that should have been
9 paid during the period of unreported employment. An order
10 entered under this Section shall also include a provision
11 requiring the obligor and obligee parents to advise each
12 other of a change in residence within 5 days of the change
13 except when the court finds that the physical, mental, or
14 emotional health of a party or that of a minor child, or
15 both, would be seriously endangered by disclosure of the
16 party's address.
17 The Court shall determine the amount of maintenance using
18 the standards set forth in Section 504 of the Illinois
19 Marriage and Dissolution of Marriage Act.
20 The court may also relieve the defendant from custody on
21 probation for the period fixed in the order or judgment upon
22 his or her entering into a recognizance, with or without
23 surety, in such sum as the court orders and approves. The
24 condition of the recognizance shall be such that if the
25 defendant makes his or her personal appearance in court
26 whenever ordered to do so by the court, during such period as
27 may be so fixed, and further complies with the terms of the
28 order of support, or of any subsequent modification thereof,
29 then the recognizance shall be void; otherwise in full force
30 and effect.
31 Any new or existing support order entered by the court
32 under this Section shall be deemed to be a series of
33 judgments against the person obligated to pay support
34 thereunder, each such judgment to be in the amount of each
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1 payment or installment of support and each such judgment to
2 be deemed entered as of the date the corresponding payment or
3 installment becomes due under the terms of the support order.
4 Each such judgment shall have the full force, effect and
5 attributes of any other judgment of this State, including the
6 ability to be enforced. Any such judgment is subject to
7 modification or termination only in accordance with Section
8 510 of the Illinois Marriage and Dissolution of Marriage Act.
9 A one-time charge of 20% is imposable upon the amount of
10 past-due child support owed on July 1, 1988 which has accrued
11 under a support order entered by the court. The charge shall
12 be imposed in accordance with the provisions of Section 10-21
13 of the Illinois Public Aid Code and shall be enforced by the
14 court upon petition. On and after the effective date of this
15 amendatory Act of the 91st General Assembly, the Attorney
16 General may collect, on behalf of the Illinois Department of
17 Public Aid, any charge imposed in accordance with this
18 paragraph. Nothing in this amendatory Act of the 91st
19 General Assembly shall be construed to affect the validity of
20 any charge imposed in accordance with this paragraph.
21 An order for support entered or modified in a case in
22 which a party is receiving child and spouse support services
23 under Article X of the Illinois Public Aid Code or under
24 Sections 7.1 through 7.295 of the Attorney General Act shall
25 include a provision requiring the non-custodial parent to
26 notify the Illinois Department of Public Aid (before the
27 effective date of this amendatory Act of the 91st General
28 Assembly) or the Attorney General (on and after that date),
29 within 7 days, of the name and address of any new employer of
30 the non-custodial parent, whether the non-custodial parent
31 has access to health insurance coverage through the employer
32 or other group coverage, and, if so, the policy name and
33 number and the names of persons covered under the policy.
34 An order for support shall include a date on which the
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1 current support obligation terminates. The termination date
2 shall be no earlier than the date on which the child covered
3 by the order will attain the age of majority or is otherwise
4 emancipated. The order for support shall state that the
5 termination date does not apply to any arrearage that may
6 remain unpaid on that date. Nothing in this paragraph shall
7 be construed to prevent the court from modifying the order.
8 (Source: P.A. 90-539, eff. 6-1-98.)
9 (750 ILCS 15/11) (from Ch. 40, par. 1114)
10 Sec. 11. (a) In all cases instituted before the
11 effective date of this amendatory Act of the 91st General
12 Assembly by the Illinois Department of Public Aid on behalf
13 of a child or spouse, other than one receiving a grant of
14 financial aid under Article IV of The Illinois Public Aid
15 Code, on whose behalf an application has been made and
16 approved for support services as provided by Section 10-1 of
17 that Code, the court shall impose a collection fee on the
18 individual who owes a child or spouse support obligation in
19 an amount equal to 10% of the amount so owed as long as such
20 collection is required by federal law, which fee shall be in
21 addition to the support obligation. The imposition of such
22 fee shall be in accordance with provisions of Title IV, Part
23 D, of the Social Security Act and regulations duly
24 promulgated thereunder. The fee shall be payable to the
25 clerk of the circuit court for transmittal to the Illinois
26 Department of Public Aid and shall continue until support
27 services are terminated by that Department, except as
28 otherwise provided in this subsection.
29 If a collection fee is imposed under this subsection and
30 if, on or after the effective date of this amendatory Act of
31 the 91st General Assembly, the child or spouse receives
32 support services under Section 7.5 of the Attorney General
33 Act, the fee shall be payable to the clerk of the circuit
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1 court for transmittal to the Attorney General and shall
2 continue until support services are terminated by the
3 Attorney General. Nothing in this amendatory Act of the 91st
4 General Assembly shall be construed to affect the validity of
5 any collection fee imposed in accordance with the first
6 paragraph of this subsection.
7 (b) In all cases instituted on or after the effective
8 date of this amendatory Act of the 91st General Assembly by
9 the Attorney General on behalf of a child or spouse, other
10 than one receiving a grant of financial aid under Article IV
11 of the Illinois Public Aid Code, on whose behalf an
12 application has been made and approved for support services
13 as provided by Section 7.5 of the Attorney General Act, the
14 court shall impose a collection fee on the individual who
15 owes a child or spouse support obligation in an amount equal
16 to 10% of the amount so owed as long as such collection is
17 required by federal law, which fee shall be in addition to
18 the support obligation. The imposition of such fee shall be
19 in accordance with provisions of Title IV, Part D, of the
20 Social Security Act and regulations duly promulgated
21 thereunder. The fee shall be payable to the clerk of the
22 circuit court for transmittal to the Attorney General and
23 shall continue until support services are terminated by the
24 Attorney General.
25 (Source: P.A. 82-979.)
26 (750 ILCS 15/12) (from Ch. 40, par. 1115)
27 Sec. 12. (a) Whenever it is determined in a proceeding
28 to establish or enforce a child support or maintenance
29 obligation that the person owing a duty of support is
30 unemployed, the court may order the person to seek employment
31 and report periodically to the court with a diary, listing or
32 other memorandum of his or her efforts in accordance with
33 such order. Additionally, the court may order the unemployed
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1 person to report to the Department of Employment Security for
2 job search services or to make application with the local Job
3 Jobs Training Partnership Act provider for participation in
4 job search, training or work programs and where the duty of
5 support is owed to a child receiving support services under
6 Article X of the Illinois Public Aid Code or under Sections
7 7.1 through 7.295 of the Attorney General Act, as amended,
8 the court may order the unemployed person to report to the
9 Illinois Department of Human Services Public Aid for
10 participation in job search, training or work programs
11 established under Section 9-6 and Article IXA of the Illinois
12 Public Aid that Code.
13 (b) Whenever it is determined that a person owes
14 past-due support for a child and the parent with whom the
15 child is living, and the child is receiving assistance under
16 the Illinois Public Aid Code, the court shall order the
17 following at the request of the Illinois Department of Public
18 Aid (before the effective date of this amendatory Act of the
19 91st General Assembly) or the Attorney General (on and after
20 that date):
21 (1) that the person pay the past-due support in
22 accordance with a plan approved by the court; or
23 (2) if the person owing past-due support is
24 unemployed, is subject to such a plan, and is not
25 incapacitated, that the person participate in such job
26 search, training, or work programs established under
27 Section 9-6 and Article IXA of the Illinois Public Aid
28 Code as the court deems appropriate.
29 (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
30 Section 65. The Uniform Interstate Family Support Act is
31 amended by changing Sections 101, 102, and 310 as follows:
32 (750 ILCS 22/101)
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1 Sec. 101. Definitions. In this Act:
2 "Child" means an individual, whether over or under the
3 age of 18, who is or is alleged to be owed a duty of support
4 by the individual's parent or who is or is alleged to be the
5 beneficiary of a support order directed to the parent.
6 "Child-support order" means a support order for a child,
7 including a child who has attained the age of 18.
8 "Duty of support" means an obligation imposed or
9 imposable by law to provide support for a child, spouse, or
10 former spouse including an unsatisfied obligation to provide
11 support.
12 "Home state" means the state in which a child lived with
13 a parent or a person acting as parent for at least 6
14 consecutive months immediately preceding the time of filing
15 of a petition or comparable pleading for support, and if a
16 child is less than 6 months old, the state in which the child
17 lived from birth with any of them. A period of temporary
18 absence of any of them is counted as part of the 6-month or
19 other period.
20 "Income" includes earnings or other periodic entitlements
21 to money from any source and any other property subject to
22 withholding for support under the law of this State.
23 "Income-withholding order" means an order or other legal
24 process directed to an obligor's employer or other debtor, as
25 defined by the Attorney General Act, the Illinois Marriage
26 and Dissolution of Marriage Act, the Non-Support of Spouse
27 and Children Act, the Illinois Public Aid Code, and the
28 Illinois Parentage Act of 1984, to withhold support from the
29 income of the obligor.
30 "Initiating state" means a state from which a proceeding
31 is forwarded or in which a proceeding is filed for forwarding
32 to a responding state under this Act or a law or procedure
33 substantially similar to this Act.
34 "Initiating tribunal" means the authorized tribunal in an
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1 initiating state.
2 "Issuing state" means the state in which a tribunal
3 issues a support order or renders a judgment determining
4 parentage.
5 "Issuing tribunal" means the tribunal that issues a
6 support order or renders a judgment determining parentage.
7 "Obligee" means:
8 (i) an individual to whom a duty of support is or
9 is alleged to be owed or in whose favor a support order
10 has been issued or a judgment determining parentage has
11 been rendered;
12 (ii) a state or political subdivision to which the
13 rights under a duty of support or support order have been
14 assigned or which has independent claims based on
15 financial assistance provided to an individual obligee;
16 or
17 (iii) an individual seeking a judgment determining
18 parentage of the individual's child.
19 "Obligor" means an individual, or the estate of a
20 decedent: (i) who owes or is alleged to owe a duty of
21 support; (ii) who is alleged but has not been adjudicated to
22 be a parent of a child; or (iii) who is liable under a
23 support order.
24 "Register" means to record a support order or judgment
25 determining parentage in the appropriate Registry of Foreign
26 Support Orders.
27 "Registering tribunal" means a tribunal in which a
28 support order is registered.
29 "Responding state" means a state in which a proceeding is
30 filed or to which a proceeding is forwarded for filing from
31 an initiating state under this Act or a law or procedure
32 substantially similar to this Act.
33 "Responding tribunal" means the authorized tribunal in a
34 responding state.
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1 "Spousal-support order" means a support order for a
2 spouse or former spouse of the obligor.
3 "State" means a state of the United States, the District
4 of Columbia, Puerto Rico, the United States Virgin Islands,
5 or any territory or insular possession subject to the
6 jurisdiction of the United States. The term includes:
7 (i) an Indian tribe; and
8 (ii) a foreign jurisdiction that has enacted a law
9 or established procedures for issuance and enforcement of
10 support orders which are substantially similar to the
11 procedures under this Act, the Uniform Reciprocal
12 Enforcement of Support Act, or the Revised Uniform
13 Reciprocal Enforcement of Support Act.
14 "Support enforcement agency" means a public official or
15 agency authorized to seek:
16 (1) enforcement of support orders or laws relating to
17 the duty of support;
18 (2) establishment or modification of child support;
19 (3) determination of parentage; or
20 (4) to locate obligors or their assets.
21 "Support order" means a judgment, decree, or order,
22 whether temporary, final, or subject to modification, for the
23 benefit of a child, a spouse, or a former spouse, which
24 provides for monetary support, health care, arrearages, or
25 reimbursement, and may include related costs and fees,
26 interest, income withholding, attorney's fees, and other
27 relief.
28 "Tribunal" means a court, administrative agency, or
29 quasi-judicial entity authorized to establish, enforce, or
30 modify support orders or to determine parentage.
31 (Source: P.A. 90-240, eff. 7-28-97.)
32 (750 ILCS 22/102)
33 Sec. 102. Tribunal of State. The circuit court is a
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1 tribunal of this State. The Illinois Department of Public Aid
2 is an initiating tribunal. The Illinois Department of Public
3 Aid is also a responding tribunal of this State to the extent
4 that it can administratively establish paternity and
5 establish, modify, and enforce an administrative
6 child-support order under authority of Article X of the
7 Illinois Public Aid Code. The Attorney General is an
8 initiating tribunal. The Attorney General is also a
9 responding tribunal of this State to the extent that it can
10 administratively establish paternity and establish, modify,
11 and enforce an administrative child support order under the
12 authority of the Attorney General Act.
13 (Source: P.A. 90-240, eff. 7-28-97.)
14 (750 ILCS 22/310)
15 Sec. 310. Duties of the state information agency
16 Illinois Department of Public Aid.
17 (a) Before the effective date of this amendatory Act of
18 the 91st General Assembly, the Illinois Department of Public
19 Aid is the state information agency under this Act. On and
20 after the effective date of this amendatory Act of the 91st
21 General Assembly, the Attorney General is the state
22 information agency under this Act.
23 (b) The state information agency shall:
24 (1) compile and maintain a current list, including
25 addresses, of the tribunals in this State which have
26 jurisdiction under this Act and any support enforcement
27 agencies in this State and transmit a copy to the state
28 information agency of every other state;
29 (2) maintain a register of tribunals and support
30 enforcement agencies received from other states;
31 (3) forward to the appropriate tribunal in the
32 place in this State in which the individual obligee or
33 the obligor resides, or in which the obligor's property
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1 is believed to be located, all documents concerning a
2 proceeding under this Act received from an initiating
3 tribunal or the state information agency of the
4 initiating state; and
5 (4) obtain information concerning the location of
6 the obligor and the obligor's property within this State
7 not exempt from execution, by such means as postal
8 verification and federal or state locator services,
9 examination of telephone directories, requests for the
10 obligor's address from employers, and examination of
11 governmental records, including, to the extent not
12 prohibited by other law, those relating to real property,
13 vital statistics, law enforcement, taxation, motor
14 vehicles, driver's licenses, and social security.
15 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
16 by P.A. 88-691.)
17 Section 70. The Expedited Child Support Act of 1990 is
18 amended by changing Section 5 as follows:
19 (750 ILCS 25/5) (from Ch. 40, par. 2705)
20 Sec. 5. Actions subject to Expedited Child Support
21 Hearings.
22 (a) The Chief Judge of each Judicial Circuit that
23 establishes a System shall delegate to the Administrative
24 Hearing Officer the authority to hear the following actions:
25 (1) Petitions for child support and for medical
26 support, pursuant to Section 505.2 of the Illinois
27 Marriage and Dissolution of Marriage Act, for
28 post-judgment dissolution of marriage and post-judgment
29 parentage actions where child support or medical support
30 was reserved or could not be ordered at the time of entry
31 of the judgment because the court lacked personal
32 jurisdiction over the obligor.
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1 (2) Petitions for modification of child support and
2 medical support in post-judgment dissolution of marriage
3 and post-judgment parentage actions.
4 (3) Parentage actions, including the establishment
5 of child support orders after parentage has been
6 acknowledged.
7 (4) Actions for the enforcement of any existing
8 order for child support or medical support in
9 post-judgment dissolution of marriage and post-judgment
10 parentage actions.
11 (5) Actions for the establishment of child support
12 and medical support orders involving parties who are
13 married and living separately, pursuant to Section 402 of
14 the Marriage and Dissolution of Marriage Act.
15 (6) Temporary orders for support in any action in
16 which the custodial parent is a participant in the IV-D
17 program.
18 (7) Any other child support matter provided for in
19 the Plan for the creation of the System approved by the
20 Illinois Supreme Court.
21 (8) Actions brought pursuant to Article X of the
22 Illinois Public Aid Code.
23 (9) Actions brought pursuant to Sections 7.1
24 through 7.295 of the Attorney General Act.
25 (b) Notwithstanding the provisions of subsection (a) of
26 this Section, if the custodial parent is not a participant in
27 the IV-D program and maintenance is in issue, the case shall
28 be presented directly to the court.
29 (c) Except as provided in subsection (b), the Plan may
30 provide that the System be available in pre-judgment
31 proceedings for dissolution of marriage, declaration of
32 invalidity of marriage and legal separation.
33 (Source: P.A. 86-1401.)
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1 Section 72. The Income Withholding for Support Act is
2 amended by changing Section 35 and 45 as follows:
3 (750 ILCS 28/35)
4 Sec. 35. Duties of payor.
5 (a) It shall be the duty of any payor who has been
6 served with an income withholding notice to deduct and pay
7 over income as provided in this Section. The payor shall
8 deduct the amount designated in the income withholding
9 notice, as supplemented by any notice provided pursuant to
10 subsection (f) of Section 45, beginning no later than the
11 next payment of income which is payable or creditable to the
12 obligor that occurs 14 days following the date the income
13 withholding notice was mailed, sent by facsimile or other
14 electronic means, or placed for personal delivery to or
15 service on the payor. The payor may combine all amounts
16 withheld for the benefit of an obligee or public office into
17 a single payment and transmit the payment with a listing of
18 obligors from whom withholding has been effected. The payor
19 shall pay the amount withheld to the obligee or public office
20 within 7 business days after the date the amount would (but
21 for the duty to withhold income) have been paid or credited
22 to the obligor. If the payor knowingly fails to pay any
23 amount withheld to the obligee or public office within 7
24 business days after the date the amount would have been paid
25 or credited to the obligor, the payor shall pay a penalty of
26 $100 for each day that the withheld amount is not paid to the
27 obligee or public office after the period of 7 business days
28 has expired. The failure of a payor, on more than one
29 occasion, to pay amounts withheld to the obligee or public
30 office within 7 business days after the date the amount would
31 have been paid or credited to the obligor creates a
32 presumption that the payor knowingly failed to pay over the
33 amounts. This penalty, along with any amount required to be
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1 withheld and paid, may be collected in a civil action which
2 may be brought against the payor in favor of the obligee or
3 public office. A finding of a payor's nonperformance within
4 the time required under this Act must be documented by a
5 certified mail return receipt showing the date the income
6 withholding notice was served on the payor. For purposes of
7 this Act, a withheld amount shall be considered paid by a
8 payor on the date it is mailed by the payor, or on the date
9 an electronic funds transfer of the amount has been initiated
10 by the payor, or on the date delivery of the amount has been
11 initiated by the payor. For each deduction, the payor shall
12 provide the obligee or public office, at the time of
13 transmittal, with the date the amount would (but for the duty
14 to withhold income) have been paid or credited to the
15 obligor. The payor shall not be required to vary the normal
16 pay and disbursement cycles in order to comply with this
17 paragraph.
18 Upon receipt of an income withholding notice requiring
19 that a minor child be named as a beneficiary of a health
20 insurance plan available through an employer or labor union
21 or trade union, the employer or labor union or trade union
22 shall immediately enroll the minor child as a beneficiary in
23 the health insurance plan designated by the income
24 withholding notice. The employer shall withhold any required
25 premiums and pay over any amounts so withheld and any
26 additional amounts the employer pays to the insurance carrier
27 in a timely manner. The employer or labor union or trade
28 union shall mail to the obligee, within 15 days of enrollment
29 or upon request, notice of the date of coverage, information
30 on the dependent coverage plan, and all forms necessary to
31 obtain reimbursement for covered health expenses, such as
32 would be made available to a new employee. When an order for
33 dependent coverage is in effect and the insurance coverage is
34 terminated or changed for any reason, the employer or labor
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1 union or trade union shall notify the obligee within 10 days
2 of the termination or change date along with notice of
3 conversion privileges.
4 For withholding of income, the payor shall be entitled to
5 receive a fee not to exceed $5 per month to be taken from the
6 income to be paid to the obligor.
7 (b) Whenever the obligor is no longer receiving income
8 from the payor, the payor shall return a copy of the income
9 withholding notice to the obligee or public office and shall
10 provide information for the purpose of enforcing this Act.
11 (c) Withholding of income under this Act shall be made
12 without regard to any prior or subsequent garnishments,
13 attachments, wage assignments, or any other claims of
14 creditors. Withholding of income under this Act shall not be
15 in excess of the maximum amounts permitted under the federal
16 Consumer Credit Protection Act. If the payor has been served
17 with more than one income withholding notice pertaining to
18 the same obligor, the payor shall allocate income available
19 for withholding on a proportionate share basis, giving
20 priority to current support payments. If there is any income
21 available for withholding after withholding for all current
22 support obligations, the payor shall allocate the income to
23 past due support payments ordered in cases in which cash
24 assistance under the Illinois Public Aid Code is not being
25 provided to the obligee and then to past due support payments
26 ordered in cases in which cash assistance under the Illinois
27 Public Aid Code is being provided to the obligee, both on a
28 proportionate share basis. A payor who complies with an
29 income withholding notice that is regular on its face shall
30 not be subject to civil liability with respect to any
31 individual, any agency, or any creditor of the obligor for
32 conduct in compliance with the notice.
33 (d) No payor shall discharge, discipline, refuse to hire
34 or otherwise penalize any obligor because of the duty to
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1 withhold income.
2 (Source: P.A. 90-673, eff. 1-1-99.)
3 (750 ILCS 28/45)
4 Sec. 45. Additional duties.
5 (a) An obligee who is receiving income withholding
6 payments under this Act shall notify the payor, if the
7 obligee receives the payments directly from the payor, or the
8 public office or the Clerk of the Circuit Court, as
9 appropriate, of any change of address within 7 days of such
10 change.
11 (b) An obligee who is a recipient of public aid shall
12 send a copy of any income withholding notice served by the
13 obligee to the Attorney General Division of Child Support
14 Enforcement of the Illinois Department of Public Aid.
15 (c) Each obligor shall notify the obligee, the public
16 office, and the Clerk of the Circuit Court of any change of
17 address within 7 days.
18 (d) An obligor whose income is being withheld or who has
19 been served with a notice of delinquency pursuant to this Act
20 shall notify the obligee, the public office, and the Clerk of
21 the Circuit Court of any new payor, within 7 days.
22 (e) When the Attorney General Illinois Department of
23 Public Aid is no longer authorized to receive payments for
24 the obligee, it shall, within 7 days, notify the payor or,
25 where appropriate, the Clerk of the Circuit Court, to
26 redirect income withholding payments to the obligee.
27 (f) The obligee or public office shall provide notice to
28 the payor and Clerk of the Circuit Court of any other support
29 payment made, including but not limited to, a set-off under
30 federal and State law or partial payment of the delinquency
31 or arrearage, or both.
32 (g) Any public office and Clerk of the Circuit Court
33 which collects, disburses or receives payments pursuant to
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1 income withholding notices shall maintain complete, accurate,
2 and clear records of all payments and their disbursements.
3 Certified copies of payment records maintained by a public
4 office or Clerk of the Circuit Court shall, without further
5 proof, be admitted into evidence in any legal proceedings
6 under this Act.
7 (h) The Illinois Department of Public Aid (before the
8 effective date of this amendatory Act of the 91st General
9 Assembly) or the Attorney General (on and after that date)
10 shall design suggested legal forms for proceeding under this
11 Act and shall make available to the courts such forms and
12 informational materials which describe the procedures and
13 remedies set forth herein for distribution to all parties in
14 support actions.
15 (i) At the time of transmitting each support payment,
16 the Clerk of the Circuit Court shall provide the obligee or
17 public office, as appropriate, with any information furnished
18 by the payor as to the date the amount would (but for the
19 duty to withhold income) have been paid or credited to the
20 obligor.
21 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
22 eff. 8-14-98; revised 9-14-98.)
23 Section 75. The Illinois Parentage Act of 1984 is
24 amended by changing Sections 4.1, 5, 6, 8, 11, 13, 13.1, 14,
25 15.1, 21, 22, and 23 as follows:
26 (750 ILCS 45/4.1)
27 Sec. 4.1. Administrative paternity determinations.
28 Notwithstanding any other provision of this Act, before the
29 effective date of this amendatory Act of the 91st General
30 Assembly, the Illinois Department of Public Aid may make
31 administrative determinations of paternity and nonpaternity
32 in accordance with Section 10-17.7 of the Illinois Public Aid
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1 Code. On and after that date, the Attorney General may make
2 those determinations in accordance with Section 7.210 of the
3 Attorney General Act. These determinations of paternity or
4 nonpaternity shall have the full force and effect of
5 judgments entered under this Act.
6 (Source: P.A. 88-687, eff. 1-24-95.)
7 (750 ILCS 45/5) (from Ch. 40, par. 2505)
8 Sec. 5. Presumption of Paternity.
9 (a) A man is presumed to be the natural father of a
10 child if:
11 (1) he and the child's natural mother are or have
12 been married to each other, even though the marriage is
13 or could be declared invalid, and the child is born or
14 conceived during such marriage;
15 (2) after the child's birth, he and the child's
16 natural mother have married each other, even though the
17 marriage is or could be declared invalid, and he is
18 named, with his written consent, as the child's father on
19 the child's birth certificate;
20 (3) he and the child's natural mother have signed
21 an acknowledgment of paternity before the effective date
22 of this amendatory Act of the 91st General Assembly in
23 accordance with rules adopted by the Illinois Department
24 of Public Aid under Section 10-17.7 of the Illinois
25 Public Aid Code or have signed such an acknowledgment on
26 or after that date in accordance with rules adopted by
27 the Attorney General under Section 7.210 of the Attorney
28 General Act; or
29 (4) he and the child's natural mother have signed
30 an acknowledgment of parentage or, if the natural father
31 is someone other than one presumed to be the father under
32 this Section, an acknowledgment of parentage and denial
33 of paternity in accordance with Section 12 of the Vital
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1 Records Act.
2 (b) A presumption under subdivision (a)(1) or (a)(2) of
3 this Section may be rebutted only by clear and convincing
4 evidence. A presumption under subdivision (a)(3) or (a)(4)
5 is conclusive, unless the acknowledgment of parentage is
6 rescinded under the process provided in Section 12 of the
7 Vital Records Act, upon the earlier of:
8 (1) 60 days after the date the acknowledgment of
9 parentage is signed, or
10 (2) the date of an administrative or judicial
11 proceeding relating to the child (including a proceeding
12 to establish a support order) in which the signatory is a
13 party;
14 except that if a minor has signed the acknowledgment of
15 paternity or acknowledgment of parentage and denial of
16 paternity, the presumption becomes conclusive 6 months after
17 the minor reaches majority or is otherwise emancipated.
18 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
19 (750 ILCS 45/6) (from Ch. 40, par. 2506)
20 Sec. 6. Establishment of Parent and Child Relationship
21 by Consent of the Parties.
22 (a) A parent and child relationship may be established
23 voluntarily by the signing and witnessing of a voluntary
24 acknowledgment of parentage in accordance with Section 12 of
25 the Vital Records Act or Section 10-17.7 of the Illinois
26 Public Aid Code or Section 7.210 of the Attorney General Act.
27 The voluntary acknowledgment of parentage shall contain the
28 social security numbers of the persons signing the voluntary
29 acknowledgment of parentage; however, failure to include the
30 social security numbers of the persons signing a voluntary
31 acknowledgment of parentage does not invalidate the voluntary
32 acknowledgment of parentage.
33 (b) Notwithstanding any other provisions of this Act,
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1 paternity established in accordance with subsection (a) has
2 the full force and effect of a judgment entered under this
3 Act and serves as a basis for seeking a child support order
4 without any further proceedings to establish paternity.
5 (c) A judicial or administrative proceeding to ratify
6 paternity established in accordance with subsection (a) is
7 neither required nor permitted.
8 (d) A signed acknowledgment of paternity entered under
9 this Act may be challenged in court only on the basis of
10 fraud, duress, or material mistake of fact, with the burden
11 of proof upon the challenging party. Pending outcome of the
12 challenge to the acknowledgment of paternity, the legal
13 responsibilities of the signatories shall remain in full
14 force and effect, except upon order of the court upon a
15 showing of good cause.
16 (e) Once a parent and child relationship is established
17 in accordance with subsection (a), an order for support may
18 be established pursuant to a petition to establish an order
19 for support by consent filed with the clerk of the circuit
20 court. A copy of the properly completed acknowledgment of
21 parentage form shall be attached to the petition. The
22 petition shall ask that the circuit court enter an order for
23 support. The petition may ask that an order for visitation,
24 custody, or guardianship be entered. The filing and
25 appearance fees provided under the Clerks of Courts Act shall
26 be waived for all cases in which an acknowledgment of
27 parentage form has been properly completed by the parties and
28 in which a petition to establish an order for support by
29 consent has been filed with the clerk of the circuit court.
30 This subsection shall not be construed to prohibit filing any
31 petition for child support, visitation, or custody under this
32 Act, the Illinois Marriage and Dissolution of Marriage Act,
33 or the Non-Support of Spouse and Children Act. This
34 subsection shall also not be construed to prevent the
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1 establishment of an administrative support order in cases
2 involving persons receiving child support enforcement
3 services under Article X of the Illinois Public Aid Code or
4 under Sections 7.1 through 7.295 of the Attorney General Act.
5 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
6 (750 ILCS 45/8) (from Ch. 40, par. 2508)
7 Sec. 8. Statute of limitations.
8 (a) (1) An action brought by or on behalf of a child, an
9 action brought by a party alleging that he or she is the
10 child's natural parent, or an action brought by the
11 Illinois Department of Public Aid, if it is providing or
12 has provided financial support to the child or if it is
13 assisting with child support collection services, shall
14 be barred if brought later than 2 years after the child
15 reaches the age of majority; however, if the action on
16 behalf of the child is brought by a public agency, other
17 than the Illinois Department of Public Aid if it is
18 providing or has provided financial support to the child
19 or if it is assisting with child support collection
20 services, it shall be barred 2 years after the agency has
21 ceased to provide assistance to the child. This Section
22 also applies to any child for whom paternity has not yet
23 been established and any child for whom a paternity
24 action was previously dismissed under a statute of
25 limitations.
26 (2) Failure to bring an action within 2 years shall
27 not bar any party from asserting a defense in any action
28 to declare the non-existence of the parent and child
29 relationship.
30 (3) An action to declare the non-existence of the
31 parent and child relationship brought under subsection
32 (b) of Section 7 of this Act shall be barred if brought
33 later than 2 years after the petitioner obtains knowledge
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1 of relevant facts. The 2-year period for bringing an
2 action to declare the nonexistence of the parent and
3 child relationship shall not extend beyond the date on
4 which the child reaches the age of 18 years. Failure to
5 bring an action within 2 years shall not bar any party
6 from asserting a defense in any action to declare the
7 existence of the parent and child relationship.
8 (4) An action to declare the non-existence of the
9 parent and child relationship brought under subsection
10 (b-5) of Section 7 of this Act shall be barred if brought
11 more than 6 months after the effective date of this
12 amendatory Act of 1998 or more than 2 years after the
13 petitioner obtains actual knowledge of relevant facts,
14 whichever is later. The 2-year period shall not apply to
15 periods of time where the natural mother or the child
16 refuses to submit to deoxyribonucleic acid (DNA) tests.
17 The 2-year period for bringing an action to declare the
18 nonexistence of the parent and child relationship shall
19 not extend beyond the date on which the child reaches the
20 age of 18 years. Failure to bring an action within 2
21 years shall not bar any party from asserting a defense in
22 any action to declare the existence of the parent and
23 child relationship.
24 (b) The time during which any party is not subject to
25 service of process or is otherwise not subject to the
26 jurisdiction of the courts of this State shall toll the
27 aforementioned periods.
28 (c) This Act does not affect the time within which any
29 rights under the Probate Act of 1975 may be asserted beyond
30 the time provided by law relating to distribution and closing
31 of decedent's estates or to the determination of heirship, or
32 otherwise.
33 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97;
34 90-715, eff. 8-7-98.)
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1 (750 ILCS 45/11) (from Ch. 40, par. 2511)
2 Sec. 11. Tests to determine inherited characteristics.
3 (a) As soon as practicable, the court or Administrative
4 Hearing Officer in an Expedited Child Support System may, and
5 upon request of a party shall, order or direct the mother,
6 child and alleged father to submit to deoxyribonucleic acid
7 (DNA) tests to determine inherited characteristics. If any
8 party refuses to submit to the tests, the court may resolve
9 the question of paternity against that party or enforce its
10 order if the rights of others and the interests of justice so
11 require.
12 (b) The tests shall be conducted by an expert qualified
13 as an examiner of blood or tissue types and appointed by the
14 court. The expert shall determine the testing procedures.
15 However, any interested party, for good cause shown, in
16 advance of the scheduled tests, may request a hearing to
17 object to the qualifications of the expert or the testing
18 procedures. The expert appointed by the court shall testify
19 at the pre-test hearing at the expense of the party
20 requesting the hearing, except as provided in subsection (h)
21 of this Section for an indigent party. An expert not
22 appointed by the court shall testify at the pre-test hearing
23 at the expense of the party retaining the expert. Inquiry
24 into an expert's qualifications at the pre-test hearing shall
25 not affect either parties' right to have the expert qualified
26 at trial.
27 For tests conducted at the request of the Attorney
28 General, the Attorney General shall identify and use
29 laboratories that perform, at a reasonable cost, legally and
30 medically acceptable genetic tests that tend to identify the
31 father or exclude the alleged father. The Attorney General
32 shall employ competitive procedures for identifying and using
33 the laboratories. The Attorney General shall make the list of
34 those laboratories available to court and law enforcement
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1 officials and, upon request, to the public.
2 (c) The expert shall prepare a written report of the
3 test results. If the test results show that the alleged
4 father is not excluded, the report shall contain a combined
5 paternity index relating to the probability of paternity.
6 The expert may be called by the court as a witness to testify
7 to his or her findings and, if called, shall be subject to
8 cross-examination by the parties. If the test results show
9 that the alleged father is not excluded, any party may
10 demand that other experts, qualified as examiners of blood or
11 tissue types, perform independent tests under order of court,
12 including, but not limited to, blood types or other tests of
13 genetic markers such as those found by Human Leucocyte
14 Antigen (HLA) tests. The results of the tests may be offered
15 into evidence. The number and qualifications of the experts
16 shall be determined by the court.
17 (d) Documentation of the chain of custody of the blood
18 or tissue samples, accompanied by an affidavit or
19 certification in accordance with Section 1-109 of the Code of
20 Civil Procedure, is competent evidence to establish the chain
21 of custody.
22 (e) The report of the test results prepared by the
23 appointed expert shall be made by affidavit or by
24 certification as provided in Section 1-109 of the Code of
25 Civil Procedure and shall be mailed to all parties. A proof
26 of service shall be filed with the court. The verified
27 report shall be admitted into evidence at trial without
28 foundation testimony or other proof of authenticity or
29 accuracy, unless a written motion challenging the
30 admissibility of the report is filed by either party within
31 28 days of receipt of the report, in which case expert
32 testimony shall be required. A party may not file such a
33 motion challenging the admissibility of the report later than
34 28 days before commencement of trial. Before trial, the court
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1 shall determine whether the motion is sufficient to deny
2 admission of the report by verification. Failure to make
3 that timely motion constitutes a waiver of the right to
4 object to admission by verification and shall not be grounds
5 for a continuance of the hearing to determine paternity.
6 (f) Tests taken pursuant to this Section shall have the
7 following effect:
8 (1) If the court finds that the conclusion of the
9 expert or experts, as disclosed by the evidence based
10 upon the tests, is that the alleged father is not the
11 parent of the child, the question of paternity shall be
12 resolved accordingly.
13 (2) If the experts disagree in their findings or
14 conclusions, the question shall be weighed with other
15 competent evidence of paternity.
16 (3) If the tests show that the alleged father is
17 not excluded and that the combined paternity index is
18 less than 500 to 1, this evidence shall be admitted by
19 the court and shall be weighed with other competent
20 evidence of paternity.
21 (4) If the tests show that the alleged father is
22 not excluded and that the combined paternity index is at
23 least 500 to 1, the alleged father is presumed to be the
24 father, and this evidence shall be admitted. This
25 presumption may be rebutted by clear and convincing
26 evidence.
27 (g) Any presumption of parentage as set forth in Section
28 5 of this Act is rebutted if the court finds that the
29 conclusion of the expert or experts excludes paternity of the
30 presumed father.
31 (h) The expense of the tests shall be paid by the party
32 who requests the tests. Where the tests are requested by the
33 party seeking to establish paternity and that party is found
34 to be indigent by the court, the expense shall be paid by the
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1 public agency providing representation; except that where a
2 public agency is not providing representation, the expense
3 shall be paid by the county in which the action is brought.
4 Where the tests are ordered by the court on its own motion or
5 are requested by the alleged or presumed father and that
6 father is found to be indigent by the court, the expense
7 shall be paid by the county in which the action is brought.
8 Any part of the expense may be taxed as costs in the action,
9 except that no costs may be taxed against a public agency
10 that has not requested the tests.
11 (i) The compensation of each expert witness appointed by
12 the court shall be paid as provided in subsection (h) of this
13 Section. Any part of the payment may be taxed as costs in
14 the action, except that no costs may be taxed against a
15 public agency that has not requested the services of the
16 expert witness.
17 (j) Nothing in this Section shall prevent any party from
18 obtaining tests of his or her own blood or tissue independent
19 of those ordered by the court or from presenting expert
20 testimony interpreting those tests or any other blood tests
21 ordered pursuant to this Section. Reports of all the
22 independent tests, accompanied by affidavit or certification
23 pursuant to Section 1-109 of the Code of Civil Procedure, and
24 notice of any expert witnesses to be called to testify to the
25 results of those tests shall be submitted to all parties at
26 least 30 days before any hearing set to determine the issue
27 of parentage.
28 (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
29 (750 ILCS 45/13) (from Ch. 40, par. 2513)
30 Sec. 13. Civil Action.
31 (a) An action under this Act is a civil action governed
32 by the provisions of the "Code of Civil Procedure", approved
33 August 19, 1981, as amended, and the Supreme Court rules
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1 applicable thereto, except where otherwise specified in this
2 Act.
3 (b) Trial by jury is not available under this Act.
4 (c) Certified copies of the bills for costs incurred for
5 pregnancy, and childbirth, and genetic testing shall be
6 admitted into evidence at judicial or administrative
7 proceedings without requiring third-party foundation
8 testimony and shall constitute prima facie evidence of
9 amounts incurred for those services or for testing on behalf
10 of the child or other proof of authenticity or accuracy.
11 (Source: P.A. 90-18, eff. 7-1-97.)
12 (750 ILCS 45/13.1)
13 Sec. 13.1. Temporary order for child support.
14 Notwithstanding any other law to the contrary, pending the
15 outcome of a judicial determination of parentage, the court
16 shall issue a temporary order for child support, upon motion
17 by a party and a showing of clear and convincing evidence of
18 paternity based on genetic test results or other evidence.
19 In determining the amount of the temporary child support
20 award, the court shall use the guidelines and standards set
21 forth in subsection (a) of Section 505 and in Section 505.2
22 of the Illinois Marriage and Dissolution of Marriage Act.
23 Any new or existing support order entered by the court
24 under this Section shall be deemed to be a series of
25 judgments against the person obligated to pay support
26 thereunder, each such judgment to be in the amount of each
27 payment or installment of support and each judgment to be
28 deemed entered as of the date the corresponding payment or
29 installment becomes due under the terms of the support order.
30 Each such judgment shall have the full force, effect, and
31 attributes of any other judgment of this State, including the
32 ability to be enforced. Any such judgment is subject to
33 modification or termination only in accordance with Section
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1 510 of the Illinois Marriage and Dissolution of Marriage Act.
2 A lien arises by operation of law against the real and
3 personal property of the noncustodial parent for each
4 installment of overdue support owed by the noncustodial
5 parent.
6 All orders for support, when entered or modified, shall
7 include a provision requiring the non-custodial parent to
8 notify the court, and in cases in which a party is receiving
9 child and spouse support services under Article X of the
10 Illinois Public Aid Code or under Sections 7.1 through 7.295
11 of the Attorney General Act, the Illinois Department of
12 Public Aid (before the effective date of this amendatory Act
13 of the 91st General Assembly) or the Attorney General (on and
14 after that date), within 7 days, (i) of the name, address,
15 and telephone number of any new employer of the non-custodial
16 parent, (ii) whether the non-custodial parent has access to
17 health insurance coverage through the employer or other group
18 coverage, and, if so, the policy name and number and the
19 names of persons covered under the policy, and (iii) of any
20 new residential or mailing address or telephone number of the
21 non-custodial parent.
22 In any subsequent action to enforce a support order, upon
23 sufficient showing that diligent effort has been made to
24 ascertain the location of the non-custodial parent, service
25 of process or provision of notice necessary in that action
26 may be made at the last known address of the non-custodial
27 parent, in any manner expressly provided by the Code of Civil
28 Procedure or in this Act, which service shall be sufficient
29 for purposes of due process.
30 An order for support shall include a date on which the
31 current support obligation terminates. The termination date
32 shall be no earlier than the date on which the child covered
33 by the order will attain the age of majority or is otherwise
34 emancipated. The order for support shall state that the
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1 termination date does not apply to any arrearage that may
2 remain unpaid on that date. Nothing in this paragraph shall
3 be construed to prevent the court from modifying the order.
4 (Source: P.A. 90-18, eff. 7-1-97.)
5 (750 ILCS 45/14) (from Ch. 40, par. 2514)
6 Sec. 14. Judgment.
7 (a) (1) The judgment shall contain or explicitly reserve
8 provisions concerning any duty and amount of child support
9 and may contain provisions concerning the custody and
10 guardianship of the child, visitation privileges with the
11 child, the furnishing of bond or other security for the
12 payment of the judgment, which the court shall determine in
13 accordance with the relevant factors set forth in the
14 Illinois Marriage and Dissolution of Marriage Act and any
15 other applicable law of Illinois, to guide the court in a
16 finding in the best interests of the child. In determining
17 custody, joint custody, or visitation, the court shall apply
18 the relevant standards of the Illinois Marriage and
19 Dissolution of Marriage Act. Specifically, in determining the
20 amount of any child support award, the court shall use the
21 guidelines and standards set forth in subsection (a) of
22 Section 505 and in Section 505.2 of the Illinois Marriage and
23 Dissolution of Marriage Act. For purposes of Section 505 of
24 the Illinois Marriage and Dissolution of Marriage Act, "net
25 income" of the non-custodial parent shall include any
26 benefits available to that person under the Illinois Public
27 Aid Code or from other federal, State or local
28 government-funded programs. The court shall, in any event
29 and regardless of the amount of the non-custodial parent's
30 net income, in its judgment order the non-custodial parent to
31 pay child support to the custodial parent in a minimum amount
32 of not less than $10 per month. In an action brought within 2
33 years after a child's birth, the judgment or order may direct
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1 either parent to pay the reasonable expenses incurred by
2 either parent related to the mother's pregnancy and the
3 delivery of the child. The judgment or order shall contain
4 the father's social security number, which the father shall
5 disclose to the court; however, failure to include the
6 father's social security number on the judgment or order does
7 not invalidate the judgment or order.
8 (2) If a judgment of parentage contains no explicit
9 award of custody, the establishment of a support obligation
10 or of visitation rights in one parent shall be considered a
11 judgment granting custody to the other parent. If the
12 parentage judgment contains no such provisions, custody shall
13 be presumed to be with the mother; however, the presumption
14 shall not apply if the father has had physical custody for at
15 least 6 months prior to the date that the mother seeks to
16 enforce custodial rights.
17 (b) The court shall order all child support payments,
18 determined in accordance with such guidelines, to commence
19 with the date summons is served. The level of current
20 periodic support payments shall not be reduced because of
21 payments set for the period prior to the date of entry of the
22 support order. The Court may order any child support
23 payments to be made for a period prior to the commencement of
24 the action. In determining whether and the extent to which
25 the payments shall be made for any prior period, the court
26 shall consider all relevant facts, including the factors for
27 determining the amount of support specified in the Illinois
28 Marriage and Dissolution of Marriage Act and other equitable
29 factors including but not limited to:
30 (1) The father's prior knowledge of the fact and
31 circumstances of the child's birth.
32 (2) The father's prior willingness or refusal to
33 help raise or support the child.
34 (3) The extent to which the mother or the public
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1 agency bringing the action previously informed the father
2 of the child's needs or attempted to seek or require his
3 help in raising or supporting the child.
4 (4) The reasons the mother or the public agency did
5 not file the action earlier.
6 (5) The extent to which the father would be
7 prejudiced by the delay in bringing the action.
8 For purposes of determining the amount of child support
9 to be paid for any period before the date the order for
10 current child support is entered, there is a rebuttable
11 presumption that the father's net income for the prior period
12 was the same as his net income at the time the order for
13 current child support is entered.
14 (c) Any new or existing support order entered by the
15 court under this Section shall be deemed to be a series of
16 judgments against the person obligated to pay support
17 thereunder, each judgment to be in the amount of each payment
18 or installment of support and each such judgment to be deemed
19 entered as of the date the corresponding payment or
20 installment becomes due under the terms of the support order.
21 Each judgment shall have the full force, effect and
22 attributes of any other judgment of this State, including the
23 ability to be enforced. A lien arises by operation of law
24 against the real and personal property of the noncustodial
25 parent for each installment of overdue support owed by the
26 noncustodial parent.
27 (d) If the judgment or order of the court is at variance
28 with the child's birth certificate, the court shall order
29 that a new birth certificate be issued under the Vital
30 Records Act.
31 (e) On request of the mother and the father, the court
32 shall order a change in the child's name. After hearing
33 evidence the court may stay payment of support during the
34 period of the father's minority or period of disability.
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1 (f) If, upon a showing of proper service, the father
2 fails to appear in court, or otherwise appear as provided by
3 law, the court may proceed to hear the cause upon testimony
4 of the mother or other parties taken in open court and shall
5 enter a judgment by default. The court may reserve any order
6 as to the amount of child support until the father has
7 received notice, by regular mail, of a hearing on the matter.
8 (g) A one-time charge of 20% is imposable upon the
9 amount of past-due child support owed on July 1, 1988 which
10 has accrued under a support order entered by the court. The
11 charge shall be imposed in accordance with the provisions of
12 Section 10-21 of the Illinois Public Aid Code and shall be
13 enforced by the court upon petition. On and after the
14 effective date of this amendatory Act of the 91st General
15 Assembly, the Attorney General may collect, on behalf of the
16 Illinois Department of Public Aid, any charge imposed in
17 accordance with this subsection. Nothing in this amendatory
18 Act of the 91st General Assembly shall be construed to affect
19 the validity of any charge imposed in accordance with this
20 subsection.
21 (h) All orders for support, when entered or modified,
22 shall include a provision requiring the non-custodial parent
23 to notify the court and, in cases in which party is receiving
24 child and spouse support services under Article X of the
25 Illinois Public Aid Code or under Sections 7.1 through 7.295
26 of the Attorney General Act, the Illinois Department of
27 Public Aid (before the effective date of this amendatory Act
28 of the 91st General Assembly) or the Attorney General (on and
29 after that date), within 7 days, (i) of the name and address
30 of any new employer of the non-custodial parent, (ii) whether
31 the non-custodial parent has access to health insurance
32 coverage through the employer or other group coverage and, if
33 so, the policy name and number and the names of persons
34 covered under the policy, and (iii) of any new residential or
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1 mailing address or telephone number of the non-custodial
2 parent. In any subsequent action to enforce a support order,
3 upon a sufficient showing that a diligent effort has been
4 made to ascertain the location of the non-custodial parent,
5 service of process or provision of notice necessary in the
6 case may be made at the last known address of the
7 non-custodial parent in any manner expressly provided by the
8 Code of Civil Procedure or this Act, which service shall be
9 sufficient for purposes of due process.
10 (i) An order for support shall include a date on which
11 the current support obligation terminates. The termination
12 date shall be no earlier than the date on which the child
13 covered by the order will attain the age of majority or is
14 otherwise emancipated. The order for support shall state
15 that the termination date does not apply to any arrearage
16 that may remain unpaid on that date. Nothing in this
17 subsection shall be construed to prevent the court from
18 modifying the order.
19 (j) An order entered under this Section shall include a
20 provision requiring the obligor to report to the obligee and
21 to the clerk of court within 10 days each time the obligor
22 obtains new employment, and each time the obligor's
23 employment is terminated for any reason. The report shall be
24 in writing and shall, in the case of new employment, include
25 the name and address of the new employer. Failure to report
26 new employment or the termination of current employment, if
27 coupled with nonpayment of support for a period in excess of
28 60 days, is indirect criminal contempt. For any obligor
29 arrested for failure to report new employment bond shall be
30 set in the amount of the child support that should have been
31 paid during the period of unreported employment. An order
32 entered under this Section shall also include a provision
33 requiring the obligor and obligee parents to advise each
34 other of a change in residence within 5 days of the change
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1 except when the court finds that the physical, mental, or
2 emotional health of a party or that of a minor child, or
3 both, would be seriously endangered by disclosure of the
4 party's address.
5 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
6 90-655, eff. 7-30-98.)
7 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
8 Sec. 15.1. (a) Whenever it is determined in a proceeding
9 to establish or enforce a child support obligation that the
10 person owing a duty of support is unemployed, the court may
11 order the person to seek employment and report periodically
12 to the court with a diary, listing or other memorandum of his
13 or her efforts in accordance with such order. Additionally,
14 the court may order the unemployed person to report to the
15 Department of Employment Security for job search services or
16 to make application with the local Job Jobs Training
17 Partnership Act provider for participation in job search,
18 training or work programs and where the duty of support is
19 owed to a child receiving support services under Article X of
20 the Illinois Public Aid Code or under Sections 7.1 through
21 7.295 of the Attorney General Act, as amended, the court may
22 order the unemployed person to report to the Illinois
23 Department of Human Services Public Aid for participation in
24 job search, training or work programs established under
25 Section 9-6 and Article IXA of the Illinois Public Aid Code
26 that Code.
27 (b) Whenever it is determined that a person owes
28 past-due support for a child, and the child is receiving
29 assistance under the Illinois Public Aid Code, the court
30 shall order the following at the request of the Illinois
31 Department of Public Aid (before the effective date of this
32 amendatory Act of the 91st General Assembly) or the Attorney
33 General (on and after that date):
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1 (1) that the person pay the past-due support in
2 accordance with a plan approved by the court; or
3 (2) if the person owing past-due support is
4 unemployed, is subject to such a plan, and is not
5 incapacitated, that the person participate in such job
6 search, training, or work programs established under
7 Section 9-6 and Article IXA of the Illinois Public Aid
8 Code as the court deems appropriate.
9 (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
10 (750 ILCS 45/21) (from Ch. 40, par. 2521)
11 Sec. 21. Support payments; receiving and disbursing
12 agents.
13 (1) In an action filed in a county counties of less than
14 3 million population in which an order for child support is
15 entered, and in supplementary proceedings in such a county
16 counties to enforce or vary the terms of such order arising
17 out of an action filed in such a county counties, the court,
18 except in actions or supplementary proceedings in which the
19 pregnancy and delivery expenses of the mother or the child
20 support payments are for a recipient of aid under the
21 Illinois Public Aid Code, shall direct that child support
22 payments be made to the clerk of the court unless in the
23 discretion of the court exceptional circumstances warrant
24 otherwise. In cases where payment is to be made to persons
25 other than the clerk of the court the judgment or order of
26 support shall set forth the facts of the exceptional
27 circumstances.
28 (2) In an action filed in a county counties of 3 million
29 or more population in which an order for child support is
30 entered, and in supplementary proceedings in such a county
31 counties to enforce or vary the terms of such order arising
32 out of an action filed date in such a county counties, the
33 court, except in actions or supplementary proceedings in
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1 which the pregnancy and delivery expenses of the mother or
2 the child support payments are for a recipient of aid under
3 the Illinois Public Aid Code, shall direct that child support
4 payments be made either to the clerk of the court or to the
5 Court Service Division of the County Department of Public
6 Aid, or to the clerk of the court, the Attorney General, or
7 to the Illinois Department of Public Aid, unless in the
8 discretion of the court exceptional circumstances warrant
9 otherwise. In such cases where payment is to be made to
10 persons other than the clerk of the court, the Court Service
11 Division of the County Department of Public Aid, or the
12 Illinois Department of Public Aid, the judgment or order of
13 support shall set forth the facts of the exceptional
14 circumstances.
15 (3) Where the action or supplementary proceeding is in
16 behalf of a mother for pregnancy and delivery expenses or for
17 child support, or both, and the mother, child, or both, are
18 recipients of aid under the Illinois Public Aid Code, the
19 court shall order that the payments be made directly to (a)
20 the Attorney General Illinois Department of Public Aid if the
21 mother or child, or both, are recipients under Articles IV or
22 V of the Code, or (b) the local governmental unit responsible
23 for the support of the mother or child, or both, if they are
24 recipients under Articles VI or VII of the Code. In
25 accordance with federal law and regulations, the Attorney
26 General or Illinois Department of Public Aid may continue to
27 collect current maintenance payments or child support
28 payments, or both, after those persons cease to receive
29 public assistance and until termination of services under
30 Article X of the Illinois Public Aid Code or under Sections
31 7.1 through 7.295 of the Attorney General Act. The Attorney
32 General or Illinois Department of Public Aid shall pay the
33 net amount collected to those persons after deducting any
34 costs incurred in making the collection or any collection fee
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1 from the amount of any recovery made. The Illinois Department
2 of Public Aid, the Attorney General, or the local
3 governmental unit, as the case may be, may direct that
4 payments be made directly to the mother of the child, or to
5 some other person or agency in the child's behalf, upon the
6 removal of the mother and child from the public aid rolls or
7 upon termination of services under Article X of the Illinois
8 Public Aid Code or under Sections 7.1 through 7.295 of the
9 Attorney General Act; and upon such direction, the Illinois
10 Department, the Attorney General, or the local governmental
11 unit, as the case requires, shall give notice of such action
12 to the court in writing or by electronic transmission.
13 (4) All clerks of the court, and the Court Service
14 Division of a County Department of Public Aid, and the
15 Illinois Department of Public Aid, and the Attorney General
16 receiving child support payments under paragraphs (1) or (2)
17 shall disburse the same to the person or persons entitled
18 thereto under the terms of the order. They shall establish
19 and maintain clear and current records of all moneys received
20 and disbursed and of defaults and delinquencies in required
21 payments. The court, by order or rule, shall make provision
22 for the carrying out of these duties.
23 in accordance with the Income Withholding for Support
24 Upon notification in writing or by electronic
25 transmission from the Illinois Department of Public Aid
26 (before the effective date of this amendatory Act of the 91st
27 General Assembly) or the Attorney General (on and after that
28 date) to the clerk of the court that a person who is
29 receiving support payments under this Section is receiving
30 services under the Child Support Enforcement Program
31 established by Title IV-D of the Social Security Act, any
32 support payments subsequently received by the clerk of the
33 court shall be transmitted in accordance with the
34 instructions of the Illinois Department of Public Aid or
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1 Attorney General until the Department or Attorney General
2 gives notice to the clerk of the court to cease the
3 transmittal. After providing the notification authorized
4 under this paragraph, the Illinois Department of Public Aid
5 (before the effective date of this amendatory Act of the 91st
6 General Assembly) or the Attorney General (on and after that
7 date) shall be entitled as a party to notice of any further
8 proceedings in the case. The clerk of the court shall file a
9 copy of the Illinois Department of Public Aid's or Attorney
10 General's notification in the court file. The failure of the
11 clerk to file a copy of the notification in the court file
12 shall not, however, affect the Illinois Department of Public
13 Aid's or Attorney General's right to receive notice of
14 further proceedings.
15 Payments under this Section to the Illinois Department of
16 Public Aid or the Attorney General pursuant to the Child
17 Support Enforcement Program established by Title IV-D of the
18 Social Security Act shall be paid into the Child Support
19 Enforcement Trust Fund. All other payments under this
20 Section to the Illinois Department of Public Aid shall be
21 deposited in the Public Assistance Recoveries Trust Fund.
22 Disbursement from these funds shall be as provided in the
23 Illinois Public Aid Code. Payments received by a local
24 governmental unit shall be deposited in that unit's General
25 Assistance Fund.
26 (5) The moneys received by persons or agencies
27 designated by the court shall be disbursed by them in
28 accordance with the order. However, the court, on petition
29 of the state's attorney or the Attorney General, may enter
30 new orders designating the clerk of the court, the Attorney
31 General, or the Illinois Department of Public Aid, as the
32 person or agency authorized to receive and disburse child
33 support payments and, in the case of recipients of public
34 aid, the court, on petition of the Attorney General or
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1 State's Attorney, shall direct subsequent payments to be paid
2 to the Illinois Department of Public Aid, the Attorney
3 General, or to the appropriate local governmental unit, as
4 provided in paragraph (3). Payments of child support by
5 principals or sureties on bonds, or proceeds of any sale for
6 the enforcement of a judgment shall be made to the clerk of
7 the court, the Illinois Department of Public Aid, the
8 Attorney General, or the appropriate local governmental unit,
9 as the respective provisions of this Section require.
10 (6) For those cases in which child support is payable to
11 the clerk of the circuit court for transmittal to the
12 Illinois Department of Public Aid or the Attorney General by
13 order of court or upon notification by the Illinois
14 Department of Public Aid or the Attorney General, the clerk
15 shall transmit all such payments, within 4 working days of
16 receipt, to ensure insure that funds are available for
17 immediate distribution by the Department or the Attorney
18 General to the person or entity entitled thereto in
19 accordance with standards of the Child Support Enforcement
20 Program established under Title IV-D of the Social Security
21 Act. The clerk shall notify the Department or the Attorney
22 General of the date of receipt and amount thereof at the time
23 of transmittal. Where the clerk has entered into an
24 agreement of cooperation with the Department or the Attorney
25 General to record the terms of child support orders and
26 payments made thereunder directly into the IV-D Agency's
27 Department's automated data processing system, the clerk
28 shall account for, transmit and otherwise distribute child
29 support payments in accordance with such agreement in lieu of
30 the requirements contained herein.
31 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
32 90-790, eff. 8-14-98; revised 11-5-98.)
33 (750 ILCS 45/22) (from Ch. 40, par. 2522)
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1 Sec. 22. (a) In all cases instituted before the
2 effective date of this amendatory Act of the 91st General
3 Assembly by the Illinois Department of Public Aid on behalf
4 of a child or spouse, other than one receiving a grant of
5 financial aid under Article IV of The Illinois Public Aid
6 Code, on whose behalf an application has been made and
7 approved for support services as provided by Section 10-1 of
8 that Code, the court shall impose a collection fee on the
9 individual who owes a child or spouse support obligation in
10 an amount equal to 10% of the amount so owed as long as such
11 collection is required by federal law, which fee shall be in
12 addition to the support obligation. The imposition of such
13 fee shall be in accordance with provisions of Title IV, Part
14 D, of the Social Security Act and regulations duly
15 promulgated thereunder. The fee shall be payable to the
16 clerk of the circuit court for transmittal to the Illinois
17 Department of Public Aid and shall continue until support
18 services are terminated by that Department, except as
19 otherwise provided in this subsection.
20 If a collection fee is imposed under this subsection and
21 if, on or after the effective date of this amendatory Act of
22 the 91st General Assembly, the child or spouse receives
23 support services under Section 7.5 of the Attorney General
24 Act, the fee shall be payable to the clerk of the circuit
25 court for transmittal to the Attorney General and shall
26 continue until support services are terminated by the
27 Attorney General. Nothing in this amendatory Act of the 91st
28 General Assembly shall be construed to affect the validity of
29 any collection fee imposed in accordance with the first
30 paragraph of this subsection.
31 (b) In all cases instituted on or after the effective
32 date of this amendatory Act of the 91st General Assembly by
33 the Attorney General on behalf of a child or spouse, other
34 than one receiving a grant of financial aid under Article IV
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1 of the Illinois Public Aid Code, on whose behalf an
2 application has been made and approved for support services
3 as provided by Section 7.5 of the Attorney General Act, the
4 court shall impose a collection fee on the individual who
5 owes a child or spouse support obligation in an amount equal
6 to 10% of the amount so owed as long as such collection is
7 required by federal law, which fee shall be in addition to
8 the support obligation. The imposition of such fee shall be
9 in accordance with provisions of Title IV, Part D, of the
10 Social Security Act and regulations duly promulgated
11 thereunder. The fee shall be payable to the clerk of the
12 circuit court for transmittal to the Attorney General and
13 shall continue until support services are terminated by the
14 Attorney General.
15 (Source: P.A. 83-1372.)
16 (750 ILCS 45/23) (from Ch. 40, par. 2523)
17 Sec. 23. Notice to Clerk of Circuit Court of Payment
18 Received by Illinois Department of Public Aid or Attorney
19 General for Recording. For those cases in which support is
20 payable to the clerk of the circuit court for transmittal to
21 the Illinois Department of Public Aid by order of court, and
22 the Illinois Department of Public Aid or the Attorney General
23 collects support by assignment offset, withhold, deduction
24 or other process permitted by law, the Illinois Department of
25 Public Aid or the Attorney General shall notify the clerk of
26 the date and amount of such collection. Upon notification,
27 the clerk shall record the collection on the payment record
28 for the case.
29 (Source: P.A. 83-1372.)
30 Section 77. The Illinois Domestic Violence Act of 1986
31 is amended by changing Section 214 as follows:
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1 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
2 Sec. 214. Order of protection; remedies.
3 (a) Issuance of order. If the court finds that
4 petitioner has been abused by a family or household member or
5 that petitioner is a high-risk adult who has been abused,
6 neglected, or exploited, as defined in this Act, an order of
7 protection prohibiting the abuse, neglect, or exploitation
8 shall issue; provided that petitioner must also satisfy the
9 requirements of one of the following Sections, as
10 appropriate: Section 217 on emergency orders, Section 218 on
11 interim orders, or Section 219 on plenary orders. Petitioner
12 shall not be denied an order of protection because petitioner
13 or respondent is a minor. The court, when determining whether
14 or not to issue an order of protection, shall not require
15 physical manifestations of abuse on the person of the victim.
16 Modification and extension of prior orders of protection
17 shall be in accordance with this Act.
18 (b) Remedies and standards. The remedies to be included
19 in an order of protection shall be determined in accordance
20 with this Section and one of the following Sections, as
21 appropriate: Section 217 on emergency orders, Section 218 on
22 interim orders, and Section 219 on plenary orders. The
23 remedies listed in this subsection shall be in addition to
24 other civil or criminal remedies available to petitioner.
25 (1) Prohibition of abuse, neglect, or exploitation.
26 Prohibit respondent's harassment, interference with
27 personal liberty, intimidation of a dependent, physical
28 abuse, or willful deprivation, neglect or exploitation,
29 as defined in this Act, or stalking of the petitioner, as
30 defined in Section 12-7.3 of the Criminal Code of 1961,
31 if such abuse, neglect, exploitation, or stalking has
32 occurred or otherwise appears likely to occur if not
33 prohibited.
34 (2) Grant of exclusive possession of residence.
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1 Prohibit respondent from entering or remaining in any
2 residence or household of the petitioner, including one
3 owned or leased by respondent, if petitioner has a right
4 to occupancy thereof. The grant of exclusive possession
5 of the residence shall not affect title to real property,
6 nor shall the court be limited by the standard set forth
7 in Section 701 of the Illinois Marriage and Dissolution
8 of Marriage Act.
9 (A) Right to occupancy. A party has a right
10 to occupancy of a residence or household if it is
11 solely or jointly owned or leased by that party,
12 that party's spouse, a person with a legal duty to
13 support that party or a minor child in that party's
14 care, or by any person or entity other than the
15 opposing party that authorizes that party's
16 occupancy (e.g., a domestic violence shelter).
17 Standards set forth in subparagraph (B) shall not
18 preclude equitable relief.
19 (B) Presumption of hardships. If petitioner
20 and respondent each has the right to occupancy of a
21 residence or household, the court shall balance (i)
22 the hardships to respondent and any minor child or
23 dependent adult in respondent's care resulting from
24 entry of this remedy with (ii) the hardships to
25 petitioner and any minor child or dependent adult in
26 petitioner's care resulting from continued exposure
27 to the risk of abuse (should petitioner remain at
28 the residence or household) or from loss of
29 possession of the residence or household (should
30 petitioner leave to avoid the risk of abuse). When
31 determining the balance of hardships, the court
32 shall also take into account the accessibility of
33 the residence or household. Hardships need not be
34 balanced if respondent does not have a right to
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1 occupancy.
2 The balance of hardships is presumed to favor
3 possession by petitioner unless the presumption is
4 rebutted by a preponderance of the evidence, showing
5 that the hardships to respondent substantially
6 outweigh the hardships to petitioner and any minor
7 child or dependent adult in petitioner's care. The
8 court, on the request of petitioner or on its own
9 motion, may order respondent to provide suitable,
10 accessible, alternate housing for petitioner instead
11 of excluding respondent from a mutual residence or
12 household.
13 (3) Stay away order and additional prohibitions.
14 Order respondent to stay away from petitioner or any
15 other person protected by the order of protection, or
16 prohibit respondent from entering or remaining present at
17 petitioner's school, place of employment, or other
18 specified places at times when petitioner is present, or
19 both, if reasonable, given the balance of hardships.
20 Hardships need not be balanced for the court to enter a
21 stay away order or prohibit entry if respondent has no
22 right to enter the premises.
23 If an order of protection grants petitioner
24 exclusive possession of the residence, or prohibits
25 respondent from entering the residence, or orders
26 respondent to stay away from petitioner or other
27 protected persons, then the court may allow respondent
28 access to the residence to remove items of clothing and
29 personal adornment used exclusively by respondent,
30 medications, and other items as the court directs. The
31 right to access shall be exercised on only one occasion
32 as the court directs and in the presence of an
33 agreed-upon adult third party or law enforcement officer.
34 (4) Counseling. Require or recommend the
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1 respondent to undergo counseling for a specified duration
2 with a social worker, psychologist, clinical
3 psychologist, psychiatrist, family service agency,
4 alcohol or substance abuse program, mental health center
5 guidance counselor, agency providing services to elders,
6 program designed for domestic violence abusers or any
7 other guidance service the court deems appropriate.
8 (5) Physical care and possession of the minor
9 child. In order to protect the minor child from abuse,
10 neglect, or unwarranted separation from the person who
11 has been the minor child's primary caretaker, or to
12 otherwise protect the well-being of the minor child, the
13 court may do either or both of the following: (i) grant
14 petitioner physical care or possession of the minor
15 child, or both, or (ii) order respondent to return a
16 minor child to, or not remove a minor child from, the
17 physical care of a parent or person in loco parentis.
18 If a court finds, after a hearing, that respondent
19 has committed abuse (as defined in Section 103) of a
20 minor child, there shall be a rebuttable presumption that
21 awarding physical care to respondent would not be in the
22 minor child's best interest.
23 (6) Temporary legal custody. Award temporary legal
24 custody to petitioner in accordance with this Section,
25 the Illinois Marriage and Dissolution of Marriage Act,
26 the Illinois Parentage Act of 1984, and this State's
27 Uniform Child Custody Jurisdiction Act.
28 If a court finds, after a hearing, that respondent
29 has committed abuse (as defined in Section 103) of a
30 minor child, there shall be a rebuttable presumption that
31 awarding temporary legal custody to respondent would not
32 be in the child's best interest.
33 (7) Visitation. Determine the visitation rights,
34 if any, of respondent in any case in which the court
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1 awards physical care or temporary legal custody of a
2 minor child to petitioner. The court shall restrict or
3 deny respondent's visitation with a minor child if the
4 court finds that respondent has done or is likely to do
5 any of the following: (i) abuse or endanger the minor
6 child during visitation; (ii) use the visitation as an
7 opportunity to abuse or harass petitioner or petitioner's
8 family or household members; (iii) improperly conceal or
9 detain the minor child; or (iv) otherwise act in a manner
10 that is not in the best interests of the minor child.
11 The court shall not be limited by the standards set forth
12 in Section 607.1 of the Illinois Marriage and Dissolution
13 of Marriage Act. If the court grants visitation, the
14 order shall specify dates and times for the visitation to
15 take place or other specific parameters or conditions
16 that are appropriate. No order for visitation shall
17 refer merely to the term "reasonable visitation".
18 Petitioner may deny respondent access to the minor
19 child if, when respondent arrives for visitation,
20 respondent is under the influence of drugs or alcohol and
21 constitutes a threat to the safety and well-being of
22 petitioner or petitioner's minor children or is behaving
23 in a violent or abusive manner.
24 If necessary to protect any member of petitioner's
25 family or household from future abuse, respondent shall
26 be prohibited from coming to petitioner's residence to
27 meet the minor child for visitation, and the parties
28 shall submit to the court their recommendations for
29 reasonable alternative arrangements for visitation. A
30 person may be approved to supervise visitation only after
31 filing an affidavit accepting that responsibility and
32 acknowledging accountability to the court.
33 (8) Removal or concealment of minor child. Prohibit
34 respondent from removing a minor child from the State or
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1 concealing the child within the State.
2 (9) Order to appear. Order the respondent to
3 appear in court, alone or with a minor child, to prevent
4 abuse, neglect, removal or concealment of the child, to
5 return the child to the custody or care of the petitioner
6 or to permit any court-ordered interview or examination
7 of the child or the respondent.
8 (10) Possession of personal property. Grant
9 petitioner exclusive possession of personal property and,
10 if respondent has possession or control, direct
11 respondent to promptly make it available to petitioner,
12 if:
13 (i) petitioner, but not respondent, owns the
14 property; or
15 (ii) the parties own the property jointly;
16 sharing it would risk abuse of petitioner by
17 respondent or is impracticable; and the balance of
18 hardships favors temporary possession by petitioner.
19 If petitioner's sole claim to ownership of the
20 property is that it is marital property, the court may
21 award petitioner temporary possession thereof under the
22 standards of subparagraph (ii) of this paragraph only if
23 a proper proceeding has been filed under the Illinois
24 Marriage and Dissolution of Marriage Act, as now or
25 hereafter amended.
26 No order under this provision shall affect title to
27 property.
28 (11) Protection of property. Forbid the respondent
29 from taking, transferring, encumbering, concealing,
30 damaging or otherwise disposing of any real or personal
31 property, except as explicitly authorized by the court,
32 if:
33 (i) petitioner, but not respondent, owns the
34 property; or
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1 (ii) the parties own the property jointly, and
2 the balance of hardships favors granting this
3 remedy.
4 If petitioner's sole claim to ownership of the
5 property is that it is marital property, the court may
6 grant petitioner relief under subparagraph (ii) of this
7 paragraph only if a proper proceeding has been filed
8 under the Illinois Marriage and Dissolution of Marriage
9 Act, as now or hereafter amended.
10 The court may further prohibit respondent from
11 improperly using the financial or other resources of an
12 aged member of the family or household for the profit or
13 advantage of respondent or of any other person.
14 (12) Order for payment of support. Order
15 respondent to pay temporary support for the petitioner or
16 any child in the petitioner's care or custody, when the
17 respondent has a legal obligation to support that person,
18 in accordance with the Illinois Marriage and Dissolution
19 of Marriage Act, which shall govern, among other matters,
20 the amount of support, payment through the clerk and
21 withholding of income to secure payment. An order for
22 child support may be granted to a petitioner with lawful
23 physical care or custody of a child, or an order or
24 agreement for physical care or custody, prior to entry of
25 an order for legal custody. Such a support order shall
26 expire upon entry of a valid order granting legal custody
27 to another, unless otherwise provided in the custody
28 order.
29 (13) Order for payment of losses. Order respondent
30 to pay petitioner for losses suffered as a direct result
31 of the abuse, neglect, or exploitation. Such losses
32 shall include, but not be limited to, medical expenses,
33 lost earnings or other support, repair or replacement of
34 property damaged or taken, reasonable attorney's fees,
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1 court costs and moving or other travel expenses,
2 including additional reasonable expenses for temporary
3 shelter and restaurant meals.
4 (i) Losses affecting family needs. If a party
5 is entitled to seek maintenance, child support or
6 property distribution from the other party under the
7 Illinois Marriage and Dissolution of Marriage Act,
8 as now or hereafter amended, the court may order
9 respondent to reimburse petitioner's actual losses,
10 to the extent that such reimbursement would be
11 "appropriate temporary relief", as authorized by
12 subsection (a)(3) of Section 501 of that Act.
13 (ii) Recovery of expenses. In the case of an
14 improper concealment or removal of a minor child,
15 the court may order respondent to pay the reasonable
16 expenses incurred or to be incurred in the search
17 for and recovery of the minor child, including but
18 not limited to legal fees, court costs, private
19 investigator fees, and travel costs.
20 (14) Prohibition of entry. Prohibit the respondent
21 from entering or remaining in the residence or household
22 while the respondent is under the influence of alcohol or
23 drugs and constitutes a threat to the safety and
24 well-being of the petitioner or the petitioner's
25 children.
26 (14.5) Prohibition of firearm possession.
27 (a) When a complaint is made under a request
28 for an order of protection, that the respondent has
29 threatened or is likely to use firearms illegally
30 against the petitioner, and the respondent is
31 present in court, or has failed to appear after
32 receiving actual notice, the court shall examine on
33 oath the petitioner, and any witnesses who may be
34 produced. If the court is satisfied that there is
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1 any danger of the illegal use of firearms, it shall
2 issue an order that any firearms in the possession
3 of the respondent, except as provided in subsection
4 (b), be turned over to the local law enforcement
5 agency for safekeeping. If the respondent has
6 failed to appear, the court shall issue a warrant
7 for seizure of any firearm in the possession of the
8 respondent. The period of safekeeping shall be for a
9 stated period of time not to exceed 2 years. The
10 firearm or firearms shall be returned to the
11 respondent at the end of the stated period or at
12 expiration of the order of protection, whichever is
13 sooner.
14 (b) If the respondent is a peace officer as
15 defined in Section 2-13 of the Criminal Code of
16 1961, the court shall order that any firearms used
17 by the respondent in the performance of his or her
18 duties as a peace officer be surrendered to the
19 chief law enforcement executive of the agency in
20 which the respondent is employed, who shall retain
21 the firearms for safekeeping for the stated period
22 not to exceed 2 years as set forth in the court
23 order.
24 (15) Prohibition of access to records. If an order
25 of protection prohibits respondent from having contact
26 with the minor child, or if petitioner's address is
27 omitted under subsection (b) of Section 203, or if
28 necessary to prevent abuse or wrongful removal or
29 concealment of a minor child, the order shall deny
30 respondent access to, and prohibit respondent from
31 inspecting, obtaining, or attempting to inspect or
32 obtain, school or any other records of the minor child
33 who is in the care of petitioner.
34 (16) Order for payment of shelter services. Order
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1 respondent to reimburse a shelter providing temporary
2 housing and counseling services to the petitioner for the
3 cost of the services, as certified by the shelter and
4 deemed reasonable by the court.
5 (17) Order for injunctive relief. Enter injunctive
6 relief necessary or appropriate to prevent further abuse
7 of a family or household member or further abuse,
8 neglect, or exploitation of a high-risk adult with
9 disabilities or to effectuate one of the granted
10 remedies, if supported by the balance of hardships. If
11 the harm to be prevented by the injunction is abuse or
12 any other harm that one of the remedies listed in
13 paragraphs (1) through (16) of this subsection is
14 designed to prevent, no further evidence is necessary
15 that the harm is an irreparable injury.
16 (c) Relevant factors; findings.
17 (1) In determining whether to grant a specific
18 remedy, other than payment of support, the court shall
19 consider relevant factors, including but not limited to
20 the following:
21 (i) the nature, frequency, severity, pattern
22 and consequences of the respondent's past abuse,
23 neglect or exploitation of the petitioner or any
24 family or household member, including the
25 concealment of his or her location in order to evade
26 service of process or notice, and the likelihood of
27 danger of future abuse, neglect, or exploitation to
28 petitioner or any member of petitioner's or
29 respondent's family or household; and
30 (ii) the danger that any minor child will be
31 abused or neglected or improperly removed from the
32 jurisdiction, improperly concealed within the State
33 or improperly separated from the child's primary
34 caretaker.
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1 (2) In comparing relative hardships resulting to
2 the parties from loss of possession of the family home,
3 the court shall consider relevant factors, including but
4 not limited to the following:
5 (i) availability, accessibility, cost, safety,
6 adequacy, location and other characteristics of
7 alternate housing for each party and any minor child
8 or dependent adult in the party's care;
9 (ii) the effect on the party's employment; and
10 (iii) the effect on the relationship of the
11 party, and any minor child or dependent adult in the
12 party's care, to family, school, church and
13 community.
14 (3) Subject to the exceptions set forth in
15 paragraph (4) of this subsection, the court shall make
16 its findings in an official record or in writing, and
17 shall at a minimum set forth the following:
18 (i) That the court has considered the
19 applicable relevant factors described in paragraphs
20 (1) and (2) of this subsection.
21 (ii) Whether the conduct or actions of
22 respondent, unless prohibited, will likely cause
23 irreparable harm or continued abuse.
24 (iii) Whether it is necessary to grant the
25 requested relief in order to protect petitioner or
26 other alleged abused persons.
27 (4) For purposes of issuing an ex parte emergency
28 order of protection, the court, as an alternative to or
29 as a supplement to making the findings described in
30 paragraphs (c)(3)(i) through (c)(3)(iii) of this
31 subsection, may use the following procedure:
32 When a verified petition for an emergency order of
33 protection in accordance with the requirements of
34 Sections 203 and 217 is presented to the court, the court
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1 shall examine petitioner on oath or affirmation. An
2 emergency order of protection shall be issued by the
3 court if it appears from the contents of the petition and
4 the examination of petitioner that the averments are
5 sufficient to indicate abuse by respondent and to support
6 the granting of relief under the issuance of the
7 emergency order of protection.
8 (5) Never married parties. No rights or
9 responsibilities for a minor child born outside of
10 marriage attach to a putative father until a father and
11 child relationship has been established under the
12 Attorney General Act, the Illinois Parentage Act of 1984,
13 the Illinois Public Aid Code, Section 12 of the Vital
14 Records Act, the Juvenile Court Act of 1987, the Probate
15 Act of 1985, the Revised Uniform Reciprocal Enforcement
16 of Support Act, the Uniform Interstate Family Support
17 Act, the Expedited Child Support Act of 1990, any
18 judicial, administrative, or other act of another state
19 or territory, any other Illinois statute, or by any
20 foreign nation establishing the father and child
21 relationship, any other proceeding substantially in
22 conformity with the Personal Responsibility and Work
23 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
24 or where both parties appeared in open court or at an
25 administrative hearing acknowledging under oath or
26 admitting by affirmation the existence of a father and
27 child relationship. Absent such an adjudication, finding,
28 or acknowledgement, no putative father shall be granted
29 temporary custody of the minor child, visitation with the
30 minor child, or physical care and possession of the minor
31 child, nor shall an order of payment for support of the
32 minor child be entered.
33 (d) Balance of hardships; findings. If the court finds
34 that the balance of hardships does not support the granting
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1 of a remedy governed by paragraph (2), (3), (10), (11), or
2 (16) of subsection (b) of this Section, which may require
3 such balancing, the court's findings shall so indicate and
4 shall include a finding as to whether granting the remedy
5 will result in hardship to respondent that would
6 substantially outweigh the hardship to petitioner from denial
7 of the remedy. The findings shall be an official record or in
8 writing.
9 (e) Denial of remedies. Denial of any remedy shall not
10 be based, in whole or in part, on evidence that:
11 (1) Respondent has cause for any use of force,
12 unless that cause satisfies the standards for justifiable
13 use of force provided by Article VII of the Criminal Code
14 of 1961;
15 (2) Respondent was voluntarily intoxicated;
16 (3) Petitioner acted in self-defense or defense of
17 another, provided that, if petitioner utilized force,
18 such force was justifiable under Article VII of the
19 Criminal Code of 1961;
20 (4) Petitioner did not act in self-defense or
21 defense of another;
22 (5) Petitioner left the residence or household to
23 avoid further abuse, neglect, or exploitation by
24 respondent;
25 (6) Petitioner did not leave the residence or
26 household to avoid further abuse, neglect, or
27 exploitation by respondent;
28 (7) Conduct by any family or household member
29 excused the abuse, neglect, or exploitation by
30 respondent, unless that same conduct would have excused
31 such abuse, neglect, or exploitation if the parties had
32 not been family or household members.
33 (Source: P.A. 89-367, eff. 1-1-96; 90-118, eff. 1-1-98.)
-244- LRB9104515SMdv
1 Section 80. The Unemployment Insurance Act is amended by
2 changing Section 1300 as follows:
3 (820 ILCS 405/1300) (from Ch. 48, par. 540)
4 Sec. 1300. Waiver or transfer of benefit rights -
5 Partial exemption.
6 (A) Except as otherwise provided herein any agreement by
7 an individual to waive, release or commute his rights under
8 this Act shall be void.
9 (B) Benefits due under this Act shall not be assigned,
10 pledged, encumbered, released or commuted and shall be exempt
11 from all claims of creditors and from levy, execution and
12 attachment or other remedy for recovery or collection of a
13 debt. However, nothing in this Section shall prohibit a
14 specified or agreed upon deduction from benefits by an
15 individual, or a court or administrative order for
16 withholding of income, for payment of past due child support
17 from being enforced and collected by the Attorney General
18 Department of Public Aid on behalf of persons receiving a
19 grant of financial aid under Article IV of The Illinois
20 Public Aid Code, persons for whom an application has been
21 made and approved for support services under Section 7.5 of
22 the Attorney General Act 10-1 of such Code, or persons
23 similarly situated and receiving like support services in
24 other states. It is provided that:
25 (1) The aforementioned deduction of benefits and
26 order for withholding of income apply only if appropriate
27 arrangements have been made for reimbursement to the
28 Director by the Attorney General Department of Public Aid
29 Department
8 of Public Aid on behalf of the individual.
9 (4) Any amount deducted and withheld under
10 subsection (3) shall for all purposes be treated as if it
11 were paid to the individual as benefits and paid by such
12 individual to the Attorney General Department of Public
13 Aid in satisfaction of the individual's child support
14 obligations.
15 (5) For the purpose of this Section, child support
16 is defined as those obligations which are being enforced
17 pursuant to a plan described in Title IV, Part D, Section
18 454 of the Social Security Act and approved by the
19 Secretary of Health and Human Services.
20 (6) The deduction of benefits and order for
21 withholding of income for child support shall be governed
22 by Titles III and IV of the Social Security Act and all
23 regulations duly promulgated thereunder.
24 (C) Nothing in this Section prohibits an individual from
25 voluntarily electing to have federal income tax deducted and
26 withheld from his or her unemployment insurance benefit
27 payments.
28 (1) The Director shall, at the time that an
29 individual files his or her claim for benefits that
30 establishes his or her benefit year, inform the
31 individual that:
32 (a) unemployment insurance is subject to
33 federal, State, and local income taxes;
34 (b) requirements exist pertaining to estimated
-246- LRB9104515SMdv
1 tax payments;
2 (c) the individual may elect to have federal
3 income tax deducted and withheld from his or her
4 payments of unemployment insurance in the amount
5 specified in the federal Internal Revenue Code; and
6 (d) the individual is permitted to change a
7 previously elected withholding status.
8 (2) Amounts deducted and withheld from unemployment
9 insurance shall remain in the unemployment fund until
10 transferred to the federal taxing authority as a payment
11 of income tax.
12 (3) The Director shall follow all procedures
13 specified by the United States Department of Labor and
14 the federal Internal Revenue Service pertaining to the
15 deducting and withholding of income tax.
16 (4) Amounts shall be deducted and withheld in
17 accordance with the priorities established in rules
18 promulgated by the Director.
19 (D) Nothing in this Section prohibits an individual from
20 voluntarily electing to have State of Illinois income tax
21 deducted and withheld from his or her unemployment insurance
22 benefit payments if such deduction and withholding is
23 provided for pursuant to rules promulgated by the Director.
24 (1) If pursuant to rules promulgated by the
25 Director, an individual may voluntarily elect to have
26 State of Illinois income tax deducted and withheld from
27 his or her unemployment insurance benefit payments, the
28 Director shall, at the time that an individual files his
29 or her claim for benefits that establishes his or her
30 benefit year, in addition to providing the notice
31 required under subsection C, inform the individual that:
32 (a) the individual may elect to have State of
33 Illinois income tax deducted and withheld from his
34 or her payments of unemployment insurance in the
-247- LRB9104515SMdv
1 amount specified pursuant to rules promulgated by
2 the Director; and
3 (b) the individual is permitted to change a
4 previously elected withholding status.
5 (2) Amounts deducted and withheld from unemployment
6 insurance shall remain in the unemployment fund until
7 transferred to the Department of Revenue as a payment of
8 State of Illinois income tax.
9 (3) Amounts shall be deducted and withheld in
10 accordance with the priorities established in rules
11 promulgated by the Director.
12 (E) Nothing in this Section prohibits the deduction and
13 withholding of an uncollected overissuance of food stamp
14 coupons from unemployment insurance benefits pursuant to this
15 subsection (E).
16 (1) At the time that an individual files a claim
17 for benefits that establishes his or her benefit year,
18 that individual must disclose whether or not he or she
19 owes an uncollected overissuance (as defined in Section
20 13(c)(1) of the federal Food Stamp Act of 1977) of food
21 stamp coupons. The Director shall notify the State food
22 stamp agency enforcing such obligation of any individual
23 who discloses that he or she owes an uncollected
24 overissuance of food stamp coupons and who meets the
25 monetary eligibility requirements of subsection E of
26 Section 500.
27 (2) The Director shall deduct and withhold from any
28 unemployment insurance benefits payable to an individual
29 who owes an uncollected overissuance of food stamp
30 coupons:
31 (a) the amount specified by the individual to
32 the Director to be deducted and withheld under this
33 subsection (E);
34 (b) the amount (if any) determined pursuant to
-248- LRB9104515SMdv
1 an agreement submitted to the State food stamp
2 agency under Section 13(c)(3)(A) of the federal Food
3 Stamp Act of 1977; or
4 (c) any amount otherwise required to be
5 deducted and withheld from unemployment insurance
6 benefits pursuant to Section 13(c)(3)(B) of the
7 federal Food Stamp Act of 1977.
8 (3) Any amount deducted and withheld pursuant to
9 this subsection (E) shall be paid by the Director to the
10 State food stamp agency.
11 (4) Any amount deducted and withheld pursuant to
12 this subsection (E) shall for all purposes be treated as
13 if it were paid to the individual as unemployment
14 insurance benefits and paid by the individual to the
15 State food stamp agency as repayment of the individual's
16 uncollected overissuance of food stamp coupons.
17 (5) For purposes of this subsection (E),
18 "unemployment insurance benefits" means any compensation
19 payable under this Act including amounts payable by the
20 Director pursuant to an agreement under any federal law
21 providing for compensation, assistance, or allowances
22 with respect to unemployment.
23 (6) This subsection (E) applies only if
24 arrangements have been made for reimbursement by the
25 State food stamp agency for the administrative costs
26 incurred by the Director under this subsection (E) which
27 are attributable to the repayment of uncollected
28 overissuances of food stamp coupons to the State food
29 stamp agency.
30 (Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97;
31 90-554, eff. 12-12-97.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
-249- LRB9104515SMdv
1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect on
7 July 1, 1999.
-250- LRB9104515SMdv
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/10-65 from Ch. 127, par. 1010-65
4 5 ILCS 220/3 from Ch. 127, par. 743
5 15 ILCS 205/7.1 new
6 15 ILCS 205/7.5 new
7 15 ILCS 205/7.10 new
8 15 ILCS 205/7.15 new
9 15 ILCS 205/7.20 new
10 15 ILCS 205/7.25 new
11 15 ILCS 205/7.27 new
12 15 ILCS 205/7.28 new
13 15 ILCS 205/7.30 new
14 15 ILCS 205/7.35 new
15 15 ILCS 205/7.40 new
16 15 ILCS 205/7.45 new
17 15 ILCS 205/7.50 new
18 15 ILCS 205/7.52 new
19 15 ILCS 205/7.55 new
20 15 ILCS 205/7.60 new
21 15 ILCS 205/7.65 new
22 15 ILCS 205/7.70 new
23 15 ILCS 205/7.75 new
24 15 ILCS 205/7.80 new
25 15 ILCS 205/7.85 new
26 15 ILCS 205/7.90 new
27 15 ILCS 205/7.95 new
28 15 ILCS 205/7.97 new
29 15 ILCS 205/7.100 new
30 15 ILCS 205/7.105 new
31 15 ILCS 205/7.110 new
32 15 ILCS 205/7.115 new
33 15 ILCS 205/7.120 new
34 15 ILCS 205/7.125 new
-251- LRB9104515SMdv
1 15 ILCS 205/7.130 new
2 15 ILCS 205/7.135 new
3 15 ILCS 205/7.140 new
4 15 ILCS 205/7.145 new
5 15 ILCS 205/7.150 new
6 15 ILCS 205/7.152 new
7 15 ILCS 205/7.155 new
8 15 ILCS 205/7.160 new
9 15 ILCS 205/7.165 new
10 15 ILCS 205/7.170 new
11 15 ILCS 205/7.172 new
12 15 ILCS 205/7.175 new
13 15 ILCS 205/7.180 new
14 15 ILCS 205/7.185 new
15 15 ILCS 205/7.190 new
16 15 ILCS 205/7.195 new
17 15 ILCS 205/7.200 new
18 15 ILCS 205/7.205 new
19 15 ILCS 205/7.210 new
20 15 ILCS 205/7.215 new
21 15 ILCS 205/7.220 new
22 15 ILCS 205/7.221 new
23 15 ILCS 205/7.223 new
24 15 ILCS 205/7.225 new
25 15 ILCS 205/7.230 new
26 15 ILCS 205/7.235 new
27 15 ILCS 205/7.240 new
28 15 ILCS 205/7.250 new
29 15 ILCS 205/7.255 new
30 15 ILCS 205/7.260 new
31 15 ILCS 205/7.265 new
32 15 ILCS 205/7.270 new
33 15 ILCS 205/7.275 new
34 15 ILCS 205/7.280 new
-252- LRB9104515SMdv
1 15 ILCS 205/7.285 new
2 15 ILCS 205/7.290 new
3 15 ILCS 205/7.292 new
4 15 ILCS 205/7.295 new
5 20 ILCS 1020/35
6 20 ILCS 1605/13 from Ch. 120, par. 1163
7 20 ILCS 2105/60 from Ch. 127, par. 60
8 20 ILCS 2505/39b52
9 20 ILCS 2605/55a from Ch. 127, par. 55a
10 205 ILCS 5/48.4
11 205 ILCS 105/1-6d
12 205 ILCS 205/7007
13 205 ILCS 305/43.1
14 205 ILCS 645/20
15 215 ILCS 5/238 from Ch. 73, par. 850
16 215 ILCS 5/238.1
17 215 ILCS 5/299.1a from Ch. 73, par. 911.1a
18 215 ILCS 5/299.1b
19 215 ILCS 5/337.1
20 225 ILCS 425/2.04 from Ch. 111, par. 2005.1
21 305 ILCS 5/10-1.5 new
22 305 ILCS 5/10-21 from Ch. 23, par. 10-21
23 305 ILCS 5/12-4.7c
24 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
25 305 ILCS 5/12-16 from Ch. 23, par. 12-16
26 305 ILCS 5/10-1 rep.
27 305 ILCS 5/10-2 rep.
28 305 ILCS 5/10-3 rep.
29 305 ILCS 5/10-3.1 rep.
30 305 ILCS 5/10-3.2 rep.
31 305 ILCS 5/10-3.3 rep.
32 305 ILCS 5/10-3.4 rep.
33 305 ILCS 5/10-4 rep.
34 305 ILCS 5/10-5 rep.
-253- LRB9104515SMdv
1 305 ILCS 5/10-6 rep.
2 305 ILCS 5/10-7 rep.
3 305 ILCS 5/10-8 rep.
4 305 ILCS 5/10-8.1 rep.
5 305 ILCS 5/10-9 rep.
6 305 ILCS 5/10-10 rep.
7 305 ILCS 5/10-10.1 rep.
8 305 ILCS 5/10-10.2 rep.
9 305 ILCS 5/10-10.3 rep.
10 305 ILCS 5/10-11 rep.
11 305 ILCS 5/10-11.1 rep.
12 305 ILCS 5/10-12 rep.
13 305 ILCS 5/10-12.1 rep.
14 305 ILCS 5/10-13 rep.
15 305 ILCS 5/10-13.1 rep.
16 305 ILCS 5/10-13.2 rep.
17 305 ILCS 5/10-13.3 rep.
18 305 ILCS 5/10-13.4 rep.
19 305 ILCS 5/10-13.5 rep.
20 305 ILCS 5/10-13.6 rep.
21 305 ILCS 5/10-13.7 rep.
22 305 ILCS 5/10-13.8 rep.
23 305 ILCS 5/10-13.9 rep.
24 305 ILCS 5/10-13.10 rep.
25 305 ILCS 5/10-14 rep.
26 305 ILCS 5/10-14.1 rep.
27 305 ILCS 5/10-15 rep.
28 305 ILCS 5/10-16 rep.
29 305 ILCS 5/10-16.2 rep.
30 305 ILCS 5/10-16.3 rep.
31 305 ILCS 5/10-16.4 rep.
32 305 ILCS 5/10-17 rep.
33 305 ILCS 5/10-17.1 rep.
34 305 ILCS 5/10-17.2 rep.
-254- LRB9104515SMdv
1 305 ILCS 5/10-17.3 rep.
2 305 ILCS 5/10-17.4 rep.
3 305 ILCS 5/10-17.5 rep.
4 305 ILCS 5/10-17.6 rep.
5 305 ILCS 5/10-17.7 rep.
6 305 ILCS 5/10-17.8 rep.
7 305 ILCS 5/10-17.9 rep.
8 305 ILCS 5/10-17.11 rep.
9 305 ILCS 5/10-18 rep.
10 305 ILCS 5/10-19 rep.
11 305 ILCS 5/10-20 rep.
12 305 ILCS 5/10-22 rep.
13 305 ILCS 5/10-23 rep.
14 305 ILCS 5/10-24 rep.
15 305 ILCS 5/10-24.5 rep.
16 305 ILCS 5/10-24.30 rep.
17 305 ILCS 5/10-24.35 rep.
18 305 ILCS 5/10-24.40 rep.
19 305 ILCS 5/10-24.45 rep.
20 305 ILCS 5/10-24.50 rep.
21 305 ILCS 5/10-25 rep.
22 305 ILCS 5/10-25.5 rep.
23 305 ILCS 5/10-27 rep.
24 305 ILCS 5/12-4.3 rep.
25 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
26 410 ILCS 535/17 from Ch. 111 1/2, par. 73-17
27 410 ILCS 535/22 from Ch. 111 1/2, par. 73-22
28 515 ILCS 5/20-105 from Ch. 56, par. 20-105
29 520 ILCS 5/3.36 from Ch. 61, par. 3.36
30 625 ILCS 5/7-701
31 625 ILCS 5/7-702
32 625 ILCS 5/7-702.1
33 625 ILCS 5/7-703
34 625 ILCS 5/7-704
-255- LRB9104515SMdv
1 625 ILCS 5/7-705
2 625 ILCS 5/7-706
3 625 ILCS 5/7-707
4 625 ILCS 5/7-708
5 705 ILCS 205/1 from Ch. 13, par. 1
6 705 ILCS 405/6-9 from Ch. 37, par. 806-9
7 730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
8 750 ILCS 5/505 from Ch. 40, par. 505
9 750 ILCS 5/505.1 from Ch. 40, par. 505.1
10 750 ILCS 5/505.2 from Ch. 40, par. 505.2
11 750 ILCS 5/507 from Ch. 40, par. 507
12 750 ILCS 5/510 from Ch. 40, par. 510
13 750 ILCS 5/516 from Ch. 40, par. 516
14 750 ILCS 5/705 from Ch. 40, par. 705
15 750 ILCS 5/709 from Ch. 40, par. 709
16 750 ILCS 5/710 from Ch. 40, par. 710
17 750 ILCS 5/712 from Ch. 40, par. 712
18 750 ILCS 15/2.1 from Ch. 40, par. 1105
19 750 ILCS 15/3 from Ch. 40, par. 1106
20 750 ILCS 15/4 from Ch. 40, par. 1107
21 750 ILCS 15/11 from Ch. 40, par. 1114
22 750 ILCS 15/12 from Ch. 40, par. 1115
23 750 ILCS 22/101
24 750 ILCS 22/102
25 750 ILCS 22/310
26 750 ILCS 25/5 from Ch. 40, par. 2705
27 750 ILCS 28/35
28 750 ILCS 28/45
29 750 ILCS 45/4.1
30 750 ILCS 45/5 from Ch. 40, par. 2505
31 750 ILCS 45/6 from Ch. 40, par. 2506
32 750 ILCS 45/8 from Ch. 40, par. 2508
33 750 ILCS 45/11 from Ch. 40, par. 2511
34 750 ILCS 45/13 from Ch. 40, par. 2513
-256- LRB9104515SMdv
1 750 ILCS 45/13.1
2 750 ILCS 45/14 from Ch. 40, par. 2514
3 750 ILCS 45/15.1 from Ch. 40, par. 2515.1
4 750 ILCS 45/21 from Ch. 40, par. 2521
5 750 ILCS 45/22 from Ch. 40, par. 2522
6 750 ILCS 45/23 from Ch. 40, par. 2523
7 750 ILCS 60/214 from Ch. 40, par. 2312-14
8 820 ILCS 405/1300 from Ch. 48, par. 540