305 ILCS 5/10-17.7
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article X - Determination And Enforcement Of Support Responsibility Of Relatives

Sec. 10-17.7. Administrative determination of paternity. The Illinois  Department may provide by rule for the administrative determination of  paternity by the Child and Spouse Support Unit in cases involving applicants  for or recipients of financial aid under Article IV of this Act and other  persons who are given access to the child support  enforcement services of this  Article as provided in Section 10-1, including persons similarly situated and  receiving similar services in other states.  The rules shall extend to cases in  which the mother and alleged father voluntarily acknowledge paternity in the  form required by the Illinois Department or agree  to be bound by the results of genetic testing or in which the alleged  father  has failed to respond to a notification of support obligation issued under  Section 10-4 and to cases of contested paternity. The Illinois  Department's form for voluntary acknowledgement of paternity shall be the same form prepared by the Illinois Department for use under the requirements of Section 12 of the Vital Records Act.  Any  presumption provided for under the Illinois Parentage Act of  1984 or under the Illinois Parentage Act of 2015 on and after the effective date of that Act shall apply to cases in which paternity is determined under the rules of  the Illinois Department.  The rules shall provide for notice and an opportunity  to be heard by the responsible relative and the person receiving child support enforcement services under this Article if paternity is  not  voluntarily acknowledged, and any final administrative  decision rendered by the Illinois Department shall be reviewed only under and  in accordance with the Administrative Review Law. Determinations of paternity  made by the Illinois Department under the rules authorized by this Section  shall  have the full force and effect of a court judgment of paternity entered under  the Illinois Parentage Act of 1984 or under the Illinois Parentage Act of 2015.In determining paternity in contested cases, the Illinois Department shall  conduct the evidentiary hearing in accordance with Article 4 of the Illinois Parentage Act of 2015, except that references in that Article to "the court" shall be  deemed to mean the Illinois Department's hearing officer in cases in which  paternity is determined administratively by the Illinois Department.Notwithstanding any other provision of this Article, a  default determination  of  paternity may be made if service of the notice under Section 10-4 was made by  publication under the rules for administrative paternity determination  authorized by this Section.  The rules as they pertain to service by  publication shall (i) be based on the provisions of Section 2-206 and 2-207 of  the Code of Civil Procedure, (ii) provide for service by publication in cases  in which  the whereabouts of the alleged father are unknown after diligent location  efforts by the Child and Spouse Support Unit, and (iii) provide for publication  of a notice of default paternity determination in the same manner that the  notice under Section 10-4 was published.The Illinois Department  may implement this Section through the use of emergency rules in accordance  with Section 5-45 of the Illinois Administrative Procedure Act.  For purposes  of the Illinois Administrative Procedure Act, the adoption of rules to  implement this Section shall be considered an emergency and necessary for  the public interest, safety, and welfare.  (Source: P.A. 99-85, eff. 1-1-16.)