HB5865 98TH GENERAL ASSEMBLY

LRB098 17720 KTG 52835 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5865

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

305 ILCS 5/10-14.1
750 ILCS 45/4.1
750 ILCS 45/8	from Ch. 40, par. 2508

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

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 10-14.1 as follows:

(305 ILCS 5/10-14.1)

Sec. 10-14.1. Relief from administrative orders.

(a) Subject to subsection (b), notwithstanding Notwithstanding the 30-day appeal period provided in Sections 10-12 and 10-12.1 and the limitation on review of final administrative decisions contained in Section 10-14, a responsible relative or a person receiving child support enforcement services under this Article who is aggrieved by an administrative order entered under Section 10-11 or 10-11.1 or an administrative determination of paternity entered under Section 10-17.7 and who did not petition within the 30-day appeal period may petition the Illinois Department for relief from the administrative order or determination on the same grounds as are provided for relief from judgments under Section 2-1401 of the Code of Civil Procedure. The petition must be filed not later than 2 years after the entry of the order or determination by the Illinois Department. The day immediately subsequent to the mailing of the order or determination shall be considered as the first day and the day the petition is received by the Illinois Department shall be considered as the last day in computing the 2-year period. Any period during which the person seeking relief is under a legal disability or duress or during which the grounds for relief are fraudulently concealed shall be excluded in computing the period of 2 years.

Upon receiving a petition within the 2-year period, the Illinois Department shall provide for a hearing to be held on the petition.

(b) Nothing in this Section shall be construed to prohibit an action under subsection (b) of Section 4.1 of the Illinois Parentage Act of 1984 to challenge an administrative determination of paternity entered under Section 10-17.7.

(Source: P.A. 92-590, eff. 7-1-02.)

Section 10. The Illinois Parentage Act of 1984 is amended by changing Sections 4.1 and 8 as follows:

(750 ILCS 45/4.1)

Sec. 4.1. Administrative paternity determinations.

(a) Notwithstanding any other provision of this Act, the Department of Healthcare and Family Services may make administrative determinations of paternity and nonpaternity in accordance with Section 10-17.7 of the Illinois Public Aid Code. These determinations of paternity or nonpaternity shall have the full force and effect of judgments entered under this Act.

(b) An administrative determination of paternity that is not based on a voluntary acknowledgment of paternity made in accordance with Section 10-17.7 of the Illinois Public Aid Code may be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party. Pending the outcome of the challenge to the administrative determination of paternity, the legal responsibilities of the parties shall remain in full force and effect, except upon order of the court upon a showing of good cause. A party challenging an administrative determination of paternity made in accordance with Section 10-17.7 of the Illinois Public Aid Code must consent to and submit to deoxyribonucleic acid (DNA) testing, in accordance with Department of Healthcare and Family Services rules, in order to challenge an administrative determination of paternity.

(c) For purposes of subsection (b), evidence that, based on deoxyribonucleic acid (DNA) testing, the man who has been found to be the father of a child under an administrative determination of paternity is not the natural father of the child constitutes a material mistake of fact.

(Source: P.A. 95-331, eff. 8-21-07.)

(750 ILCS 45/8) (from Ch. 40, par. 2508)

Sec. 8. Statute of limitations.

(a) (1) An action brought by or on behalf of a child, an action brought by a party alleging that he or she is the child's natural parent, or an action brought by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid), if it is providing or has provided financial support to the child or if it is assisting with child support collection services, shall be barred if brought later than 2 years after the child reaches the age of majority; however, if the action on behalf of the child is brought by a public agency, other than the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) if it is providing or has provided financial support to the child or if it is assisting with child support collection services, it shall be barred 2 years after the agency has ceased to provide assistance to the child.

(2) Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the non-existence of the parent and child relationship.

(3) An action to declare the non-existence of the parent and child relationship brought under subsection (b) of Section 7 of this Act shall be barred if brought later than 2 years after the petitioner obtains knowledge of relevant facts. The 2-year period for bringing an action to declare the nonexistence of the parent and child relationship shall not extend beyond the date on which the child reaches the age of 18 years. Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent and child relationship.

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

(5) An action under subsection (b) of Section 4.1 of this Act to challenge an administrative determination of paternity shall be barred if brought more than 6 months after the effective date of this amendatory Act of the 98th General Assembly or more than 2 years after the petitioner obtains actual knowledge of relevant facts, whichever is later. The 2-year period shall not apply to periods of time during which the natural mother or the child refuses to submit to deoxyribonucleic acid (DNA) tests. The 2-year period for bringing an action under subsection (b) of Section 4.1 of this Act to challenge an administrative determination of paternity shall not extend beyond the date on which the child reaches the age of 18 years. Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent and child relationship.

(b) The time during which any party is not subject to service of process or is otherwise not subject to the jurisdiction of the courts of this State shall toll the aforementioned periods.

(c) This Act does not affect the time within which any rights under the Probate Act of 1975 may be asserted beyond the time provided by law relating to distribution and closing of decedent's estates or to the determination of heirship, or otherwise.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 99. Effective date. This Act takes effect upon becoming law.