HB4872 93RD GENERAL ASSEMBLY

LRB093 19011 LCB 44746 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4872

Introduced 02/04/04, by Eileen Lyons, Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

New Act

Creates the Unified Child Support Services Act. Provides that, on July 1, 2006, the Department of Public Aid shall delegate to the State's Attorney in each Illinois county with a population of 900,000 or more the responsibility for managing a Unified Child Support Services Program pursuant to an approved Plan for Unified Child Support Services and an intergovernmental agreement entered into between that county's State's Attorney and the Department. Requires the State's Attorney of each such county to submit a plan for a program by July 1, 2005 and each July 1 thereafter. Provides that, by July 1, 2007 or any July 1 thereafter, a State's Attorney in a county with a population of less than 900,000 may elect to submit a plan to the Department to manage a program. Provides that any State's Attorney who submits a plan must commit to manage a unified child support services program for at least 3 years. Sets out components that a unified child support services program must contain. Requires the Department to establish performance standards for State's Attorneys operating a program. Requires the Department to submit an annual report on the operations of the programs to the General Assembly.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to child support.

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

Section 1. This Act may be cited as the Unified Child Support Services Act.

Section 5. Definitions. In this Act:

"Child support services" mean any services provided with respect to parentage establishment, support establishment, medical support establishment, support modification, or support enforcement.

"Child support specialist" means a paralegal, attorney, or other staff member with specialized training in child support services.

"Current child support case" means a case that is pending in the IV-D Child Support Program for which any action is being taken by a Unified Child Support Services Program.

"Department" means the Illinois Department of Public Aid.

"IV-D Child Support Program" means the child support enforcement program established pursuant to Title IV, Part D of the federal Social Security Act and Article X of the Illinois Public Aid Code.

"KIDS" means the Key Information Delivery System that includes a statewide database of all cases in the IV-D Child Support Program.

"Medicaid" means the medical assistance program under Article V of the Illinois Public Aid Code.

"Obligor" and "obligee" mean those terms as defined in the Income Withholding for Support Act.

"Plan" means a plan for a Unified Child Support Services Program.

"Program" means the Unified Child Support Services Program in a county or group of counties.

"State Disbursement Unit" means the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code.

"State's Attorney" means the duly elected State's Attorney of an Illinois county or 2 or more State's Attorneys who have formed a consortium for purposes of managing a Unified Child Support Services Program within a specific region of the State.

"Temporary Assistance for Needy Families" means the Temporary Assistance for Needy Families (TANF) program under Article IV of the Illinois Public Aid Code.

Section 10. Plan for Unified Child Support Services.

(a) On July 1, 2006, the Department shall delegate to the State's Attorney in each Illinois county with a population of 900,000 or more the responsibility for managing a Unified Child Support Services Program pursuant to an approved Plan for Unified Child Support Services and an intergovernmental agreement entered into between that county's State's Attorney and the Department.

(b) By July 1, 2005, and by July 1 of each subsequent year, each State's Attorney of a county with a population of 900,000 or more shall submit to the Department a Plan that includes all of the components set forth in Section 15 of this Act and that includes a projected budget of the necessary and reasonable costs for operation of the Plan. Upon approval by the State's Attorney and the Department, however, the Plan may provide for phasing in the Program with different implementation dates.

(c) The Department shall approve or reject each Plan, subject to the approval of the Illinois Attorney General, by December 1 of the year in which it is submitted. If the Department rejects a Plan, then (i) the Department must set forth specific reasons that the Plan fails to satisfy the specific goals and requirements of this Act or other State or federal requirements; (ii) the Department and the State's Attorney must set forth specific reasons that a budget for the necessary and reasonable costs for operation of the Plan could not be agreed upon; and (iii) the Department must present a report to the General Assembly setting forth the specific reasons specified in items (i) and (ii). If the Department rejects the Plan, the Chairperson or the minority spokesperson of the House or Senate committees that deal with child support issues may require the Department to appear before the committee to explain the reasons for the rejection.

(d) By July 1, 2007 or any July 1 thereafter, a State's Attorney in any county with a population less than 900,000 may elect to submit a Plan to the Department to manage a Program, and all of the provisions of this Act shall apply to an approved Plan. The Department may approve a maximum of 3 such Plans per year.

(e) Any State's Attorney who submits a Plan pursuant to this Act shall commit to manage the Program for a period of no less than 3 years.

Section 15. Components of a Unified Child Support Services Program.

(a) Any intergovernmental agreement incorporating an approved Plan under this Act must provide that the State's Attorney shall create and manage a Program offering child support services in all IV-D cases pending in the county as of the approval date of the Plan and all new cases in the Department's IV-D Child Support Program, based upon the jurisdiction of the case and in accordance with all relevant laws or Department policies.

(b) The child support services offered by each Program and incorporated in the State's Attorney's Plan must comply with the Department's approved Title IV, Part D State Plan and, except as provided in Section 35, must include, but need not be limited to, the following:

(1) Accepting applications for child support services from private parties or referrals from any State agency that submits information to KIDS, and providing for the conducting of initial interviews with applicants by telephone or other electronic means.

(2) Maintaining flexible office hours, including evening or weekend hours for in-person or telephone appointments, or any other appropriate means in order to meet customer service demands.

(3) Providing for a staffing plan that includes assigning cases to a child support specialist who is responsible for coordinating child support services for the case, receiving new and updated information about the case and forwarding that information to all relevant persons and agencies, responding to parents' inquiries and requests in a timely manner, and making appropriate referrals as specified in paragraph (12) of this subsection.

(4) Assessing each case for child support services by determining the status of the case and the necessary steps appropriate for the case, including establishing and following standards for determining whether to use judicial or administrative processes for child support services, and establishing and following standards for seeking cooperation from the parties before invoking other enforcement mechanisms.

(5) Taking all necessary steps identified in paragraph (4) of this subsection as appropriate for the case, whether by use of judicial or administrative processes, and making appropriate referrals to the Department to follow agency processes for which it is responsible under Section 35 of this Act.

(6) Offering genetic testing to determine parentage at the site of the unified child support services operations or near the county courthouse or administrative hearing office where proceedings to establish parentage are conducted.

(7) Identifying cases that have moved into non-compliance with obligations set forth in an order involving a child support case and taking steps necessary to bring the case into compliance, including investigating sources of income and the location and type of assets of child support obligors who are in arrears in the payment of support.

(8) Providing for periodic or other review of administrative and court orders for support consistent with federal guidelines to determine whether a modification of the order should be sought.

(9) Taking responsibility for using KIDS, for entering data with respect to a current child support case into KIDS and editing that data, and for having conflicting or incorrect data reconciled with respect to a current child support case, whether by staff of a State's Attorney, the Department staff, the State Disbursement Unit staff, or staff of a Clerk of the Circuit Court.

(10) Reporting cooperation or the circumstances for lack of cooperation with child support services by recipients of public aid under Temporary Assistance for Needy Families or Medicaid.

(11) Conducting account reviews and redeterminations with respect to a current child support case in accordance with Department policies and federal guidelines.

(12) Establishing referral procedures and making appropriate referrals for programs such as voluntary mediation on custody and visitation, domestic violence, employment and training, child care, and governmental benefits such as Temporary Assistance for Needy Families and Medicaid.

(13) Establishing and maintaining an administrative process for parentage establishment, support establishment, and support modification that affords due process of law to alleged fathers and custodial and non-custodial parents; and furnishing copies of all such administrative orders to the clerk of the circuit court and the Department.

(14) Providing all information on the Program's operation needed by the Department to satisfy the Department's reporting requirements to the State and federal governments on a timely basis.

(15) Responding to requests for Administrative Accountability Analyses under Article X of the Illinois Public Aid Code, for State's Attorney cases as of the effective date of this Act, and reporting final determinations to the Department.

(16) Marketing the Program within the county in which it is operating so that potential applicants learn about child support services offered.

(17) Appointing a local, unpaid child support advisory board, with the State's Attorney operating the Program as the chair, that meets at least quarterly.

(18) Establishing procedures for referral to the Illinois Attorney General of designated child support cases brought by non-custodial parents.

(19) Conducting all operations in accordance with any applicable State or federal laws and regulations and the Plan.

Section 20. Subcontracts. A Plan submitted by a State's Attorney for approval to manage a Program must include those subcontracts and intergovernmental agreements necessary for the provision of any components of child support services under the Plan. The Plan must also include a copy of each signed subcontract or intergovernmental agreement or other evidence of the proposed subcontractor or other local governmental entity's intent to perform the services covered by the subcontract or intergovernmental agreement. The subcontract or intergovernmental agreement may be approved by the Department only if the subcontractor or other intergovernmental entity's services are fully integrated into the Program and the subcontractor or other intergovernmental entity's services enhance the efficiency, accessibility, and effectiveness of child support services.

Section 25. Performance standards.

(a) In consultation with the Department's statewide Child Support Advisory Committee, the Department shall establish the following by rule:

(1) Measures of performance for all State's Attorneys operating a program and contractors and local governmental entities providing child support services in the IV-D Child Support Program with respect to parentage establishment, support order establishment, current support collections, arrearage collections, cost-effectiveness, or any other measures used by the federal government or as set forth by the Department.

(2) Procedures for apportioning any projected incentive funding between any eligible contractors or local governmental entities.

(b) Once each year, the Department shall estimate the total State and federal incentive funding that will be available for distribution under this subsection during the following year. Any State's Attorney operating a program and a contractor or local governmental entity providing child support services in the IV-D Child Support Program are eligible to earn incentive payments, based on the score received for performance standards required under this Section and the amount available for that year under this subsection.

(c) Once each year, the Department shall apply the performance standards to all State's Attorneys operating a program and contractors and local governmental entities providing child support services in the IV-D Child Support Program, and shall publish a report of such performance levels and corresponding scores used in calculating the incentive payment amount.

Section 30. Annual report to General Assembly. The Department shall submit to the General Assembly an annual report on the operation of Programs during the preceding State fiscal year. The annual report must include, but need not be limited to, the following:

(1) The report of performance levels and corresponding scores used in calculating the incentive payment amounts under Section 20.

(2) A narrative description of each Program operating in the State, including (i) the manner in which a State's Attorney complied or failed to comply with each assurance included in the applicable Plan and (ii) the Program's annual budget and staffing.

Section 35. IV-D Child Support Program responsibilities.

(a) The Department has the authority and responsibility for administering the IV-D Child Support Program in compliance with Title IV, Part D of the federal Social Security Act.

(b) The Department may enter into agreements with contractors or local governmental entities to manage any services provided by the IV-D Child Support Program in counties in which the State's Attorney is not operating a Program. All contractors or local governmental entities entering into agreements with the Department must meet the applicable performance standards set forth in Section 25.

(c) In any county in which a program is operating, the Department may enter into an intergovernmental agreement, with the Clerk of the Circuit Court to be responsible for filing, recording, and making available for retrieval all administrative orders of parentage and administrative orders setting, modifying, or terminating child support obligations.

(d) With respect to those counties in which a State's Attorney is operating a Program, the Department must, at a minimum, fulfill its responsibilities under Title IV, Part D of the federal Social Security Act and Article X of the Illinois Public Aid Code in connection with the following:

(1) Operation of a statewide toll free telephone number that refers parties to the appropriate contact as established by a Plan.

(2) Management and supervision of the State Disbursement Unit.

(3) Management and supervision of KIDS and the State Case Registry established under Section 10-27 of the Illinois Public Aid Code. A State's Attorney operating a Program, however, must be able to enter data directly into KIDS with respect to any current child support cases for which the State's Attorney is responsible and must be able to edit that data when necessary.

(4) Federal income tax refund intercepts.

(5) State income tax refund and other payment intercepts.

(6) Sending notices required by law to parents, except as otherwise provided in a Plan.

(7) Submitting past due support information to licensing agencies.

(8) Notifying the Illinois Department of Public Health of parentage establishments and acknowledgments.

(9) Maintaining the Central Case Registry with respect to interstate cases, and taking any necessary actions that are not otherwise specified in a Plan.

(10) Submittal of past-due support information to the Illinois Department of Revenue.

(11) Requests for data matches with financial institutions.

(12) Account reviews and redeterminations for any child support cases in which administrative processes are utilized by the Department under this Section.

(13) Reports to the federal government.

(14) All other duties required under Title IV, Part D of the federal Social Security Act that are not otherwise included in a Plan.

(e) To the extent that the provisions of this Act are inconsistent with the responsibilities or requirements imposed on the IV-D Child Support Program under Article X of the Illinois Public Aid Code, the provisions of this Act shall control, unless doing so violates Title IV, Part D of the federal Social Security Act.