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1 | AN ACT in relation to child support.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. This Act may be cited as the Unified Child | ||||||||||||||||||||||||
5 | Support Services
Act .
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6 | Section 5. Definitions. In this Act:
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7 | "Child support services" mean any services provided with | ||||||||||||||||||||||||
8 | respect to parentage
establishment, support establishment, | ||||||||||||||||||||||||
9 | medical support establishment, support
modification, or | ||||||||||||||||||||||||
10 | support enforcement.
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11 | "Child support specialist" means a paralegal, attorney, or | ||||||||||||||||||||||||
12 | other staff
member with specialized training in child support | ||||||||||||||||||||||||
13 | services.
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14 | "Current child support case" means a case that is pending | ||||||||||||||||||||||||
15 | in the IV-D Child
Support Program for which any action is being | ||||||||||||||||||||||||
16 | taken by a Unified Child Support
Services Program.
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17 | "Department" means the Illinois Department of Public Aid.
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18 | "IV-D Child Support Program" means the child support | ||||||||||||||||||||||||
19 | enforcement program
established pursuant to Title IV, Part D of | ||||||||||||||||||||||||
20 | the federal Social Security Act and
Article X of the Illinois | ||||||||||||||||||||||||
21 | Public Aid Code.
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22 | "KIDS" means the Key Information Delivery System that | ||||||||||||||||||||||||
23 | includes a statewide
database of all cases in the IV-D Child | ||||||||||||||||||||||||
24 | Support Program.
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25 | "Medicaid" means the medical assistance program under | ||||||||||||||||||||||||
26 | Article V of the
Illinois Public Aid Code.
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27 | "Obligor" and "obligee" mean those terms as defined in the | ||||||||||||||||||||||||
28 | Income Withholding
for Support Act.
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29 | "Plan" means a plan for a Unified Child Support Services | ||||||||||||||||||||||||
30 | Program.
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31 | "Program" means the Unified Child Support Services Program | ||||||||||||||||||||||||
32 | in a county or
group of counties.
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1 | "State Disbursement Unit" means the State Disbursement | ||||||
2 | Unit established under
Section 10-26 of the Illinois Public Aid | ||||||
3 | Code.
| ||||||
4 | "State's Attorney" means the duly elected State's Attorney | ||||||
5 | of an Illinois
county or
2 or more State's Attorneys who have | ||||||
6 | formed a consortium for purposes of
managing a
Unified Child | ||||||
7 | Support Services Program within a specific region of the State.
| ||||||
8 | "Temporary Assistance for Needy Families" means the | ||||||
9 | Temporary Assistance for
Needy Families (TANF) program under | ||||||
10 | Article IV of the Illinois Public Aid Code.
| ||||||
11 | Section 10. Plan for Unified Child Support Services.
| ||||||
12 | (a) On July 1, 2006, the Department shall delegate to the | ||||||
13 | State's
Attorney in each Illinois county with a population of | ||||||
14 | 900,000 or more the
responsibility for managing a Unified Child | ||||||
15 | Support Services Program pursuant
to an approved Plan for | ||||||
16 | Unified Child Support Services and an intergovernmental
| ||||||
17 | agreement entered into between that county's State's Attorney | ||||||
18 | and the
Department.
| ||||||
19 | (b) By July 1, 2005, and by July 1 of each subsequent year, | ||||||
20 | each State's
Attorney of a county with a population of 900,000 | ||||||
21 | or more shall submit to
the Department a Plan that includes all | ||||||
22 | of the components set forth in Section
15 of this Act and that | ||||||
23 | includes a projected budget of the necessary and
reasonable | ||||||
24 | costs for operation of the Plan. Upon approval by the State's
| ||||||
25 | Attorney and the Department, however, the Plan may provide for | ||||||
26 | phasing in the
Program with different implementation dates.
| ||||||
27 | (c) The Department shall approve or reject each Plan, | ||||||
28 | subject to the approval of the Illinois Attorney General, by | ||||||
29 | December 1 of the year in which it is submitted. If the | ||||||
30 | Department rejects a Plan, then (i) the Department must set | ||||||
31 | forth specific reasons that the Plan fails to satisfy the | ||||||
32 | specific goals and requirements of this Act or other State or | ||||||
33 | federal requirements; (ii) the Department and the State's | ||||||
34 | Attorney must set forth specific reasons that a budget for the | ||||||
35 | necessary and reasonable costs for operation of the Plan could |
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1 | not be agreed upon; and (iii) the Department must present a | ||||||
2 | report to the General Assembly setting forth the specific | ||||||
3 | reasons specified in items (i) and (ii). If the Department | ||||||
4 | rejects the Plan, the Chairperson or the minority spokesperson | ||||||
5 | of the House or Senate committees that deal with child support | ||||||
6 | issues may require the Department to appear before the | ||||||
7 | committee to explain the reasons for the rejection. | ||||||
8 | (d) By July 1, 2007 or any July 1 thereafter, a State's | ||||||
9 | Attorney in any
county with a population less than 900,000 may | ||||||
10 | elect to submit a Plan to the
Department to manage a Program, | ||||||
11 | and all of the provisions of this Act shall
apply to an | ||||||
12 | approved Plan. The Department may approve a maximum of 3 such
| ||||||
13 | Plans per year.
| ||||||
14 | (e) Any State's Attorney who submits a Plan pursuant to | ||||||
15 | this Act shall
commit to manage the Program for a period of no | ||||||
16 | less than 3 years.
| ||||||
17 | Section 15. Components of a Unified Child Support Services | ||||||
18 | Program.
| ||||||
19 | (a) Any intergovernmental agreement incorporating an | ||||||
20 | approved Plan under
this Act must provide that the State's | ||||||
21 | Attorney shall create and manage a
Program offering child | ||||||
22 | support services in all IV-D cases pending in the county
as of | ||||||
23 | the approval date of the Plan and all new cases in the | ||||||
24 | Department's IV-D
Child Support Program, based upon the | ||||||
25 | jurisdiction of the case and in
accordance with all relevant | ||||||
26 | laws or Department policies.
| ||||||
27 | (b) The child support services offered by each Program and | ||||||
28 | incorporated in
the State's Attorney's Plan must comply with | ||||||
29 | the Department's approved Title
IV, Part D State Plan and, | ||||||
30 | except as provided in Section 35, must
include, but
need not be | ||||||
31 | limited to, the following:
| ||||||
32 | (1) Accepting applications for child support services | ||||||
33 | from private parties
or referrals from any State agency | ||||||
34 | that submits information to KIDS, and
providing for the | ||||||
35 | conducting of initial interviews with applicants by
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1 | telephone or other electronic means.
| ||||||
2 | (2) Maintaining flexible office hours, including | ||||||
3 | evening or weekend hours
for in-person or telephone | ||||||
4 | appointments, or any other appropriate means in
order to | ||||||
5 | meet customer service demands.
| ||||||
6 | (3) Providing for a staffing plan that includes | ||||||
7 | assigning cases to a child
support specialist who is | ||||||
8 | responsible for coordinating child support services
for | ||||||
9 | the case, receiving new and updated information about the | ||||||
10 | case and
forwarding that information to all relevant | ||||||
11 | persons and agencies, responding to
parents'
inquiries and | ||||||
12 | requests in a timely manner, and making appropriate | ||||||
13 | referrals as
specified in paragraph (12) of this | ||||||
14 | subsection.
| ||||||
15 | (4) Assessing each case for child support services by | ||||||
16 | determining the
status of the case and the necessary steps | ||||||
17 | appropriate for the case, including
establishing and | ||||||
18 | following standards for determining whether to use | ||||||
19 | judicial or
administrative processes for child support | ||||||
20 | services, and establishing and
following standards for | ||||||
21 | seeking cooperation from the parties before invoking
other | ||||||
22 | enforcement mechanisms.
| ||||||
23 | (5) Taking all necessary steps identified in paragraph | ||||||
24 | (4) of this
subsection as appropriate for the case, whether | ||||||
25 | by use of judicial or
administrative processes, and making | ||||||
26 | appropriate referrals to the Department to
follow agency | ||||||
27 | processes for which it is responsible under Section 35 of
| ||||||
28 | this Act.
| ||||||
29 | (6) Offering genetic testing to determine parentage at | ||||||
30 | the site of the
unified child support services operations | ||||||
31 | or near the county courthouse or
administrative hearing | ||||||
32 | office where proceedings to establish parentage are
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33 | conducted.
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34 | (7) Identifying cases that have moved into | ||||||
35 | non-compliance with
obligations set forth in an order | ||||||
36 | involving a child support case and taking
steps necessary |
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1 | to bring the case into compliance, including investigating
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2 | sources of income and the location and type of assets of | ||||||
3 | child support obligors
who are in arrears in the payment of | ||||||
4 | support.
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5 | (8) Providing for periodic or other review of | ||||||
6 | administrative and court
orders for support consistent | ||||||
7 | with federal guidelines to determine whether a
| ||||||
8 | modification of the order should be sought.
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9 | (9) Taking responsibility for using KIDS, for entering | ||||||
10 | data with
respect to a current child support case into KIDS | ||||||
11 | and editing that data, and
for having conflicting
or | ||||||
12 | incorrect data reconciled with respect to a current child | ||||||
13 | support case,
whether by staff of a State's Attorney, the | ||||||
14 | Department staff, the State
Disbursement
Unit
staff, or | ||||||
15 | staff of a Clerk of the Circuit Court.
| ||||||
16 | (10) Reporting cooperation or the circumstances for | ||||||
17 | lack of cooperation
with child support services by | ||||||
18 | recipients of public aid under Temporary
Assistance for | ||||||
19 | Needy Families or Medicaid.
| ||||||
20 | (11) Conducting account reviews and redeterminations | ||||||
21 | with respect to a
current child support case in accordance | ||||||
22 | with Department policies and federal
guidelines.
| ||||||
23 | (12) Establishing referral procedures and making | ||||||
24 | appropriate referrals for
programs such as voluntary | ||||||
25 | mediation on custody and visitation, domestic
violence, | ||||||
26 | employment and training, child care, and governmental | ||||||
27 | benefits such
as Temporary Assistance for Needy Families | ||||||
28 | and Medicaid.
| ||||||
29 | (13) Establishing and maintaining an administrative | ||||||
30 | process for parentage
establishment, support | ||||||
31 | establishment, and support modification that affords due
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32 | process of law to alleged fathers and custodial and | ||||||
33 | non-custodial parents; and
furnishing copies of all such | ||||||
34 | administrative orders to the clerk of the circuit
court and | ||||||
35 | the Department.
| ||||||
36 | (14) Providing all information on the Program's |
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1 | operation needed by the
Department to satisfy the | ||||||
2 | Department's reporting requirements to the State and
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3 | federal governments on a timely basis.
| ||||||
4 | (15) Responding to requests for Administrative | ||||||
5 | Accountability Analyses
under Article X of the Illinois | ||||||
6 | Public Aid Code, for State's Attorney cases as
of the | ||||||
7 | effective date of this Act, and reporting final
| ||||||
8 | determinations to the Department.
| ||||||
9 | (16) Marketing the Program within the county in which | ||||||
10 | it is operating so
that potential applicants learn about | ||||||
11 | child support services offered.
| ||||||
12 | (17) Appointing a local, unpaid child support advisory | ||||||
13 | board, with the
State's Attorney operating the Program as | ||||||
14 | the chair, that meets at least
quarterly.
| ||||||
15 | (18) Establishing procedures for referral to the | ||||||
16 | Illinois Attorney General
of designated child support | ||||||
17 | cases brought by non-custodial parents.
| ||||||
18 | (19) Conducting all operations in accordance with any | ||||||
19 | applicable State or
federal laws and regulations and the | ||||||
20 | Plan.
| ||||||
21 | Section 20. Subcontracts.
A Plan submitted by a State's | ||||||
22 | Attorney for approval to manage a Program
must include those | ||||||
23 | subcontracts and intergovernmental agreements necessary for
| ||||||
24 | the provision of any components of child support services under | ||||||
25 | the Plan. The
Plan must also include a copy of each signed | ||||||
26 | subcontract or intergovernmental
agreement or other evidence | ||||||
27 | of the proposed subcontractor or other local
governmental | ||||||
28 | entity's intent to perform the services covered by the | ||||||
29 | subcontract
or intergovernmental agreement. The subcontract or | ||||||
30 | intergovernmental agreement
may be approved by the Department | ||||||
31 | only if the subcontractor or other
intergovernmental entity's | ||||||
32 | services are fully integrated into the Program and
the | ||||||
33 | subcontractor or other intergovernmental entity's services | ||||||
34 | enhance the
efficiency, accessibility, and effectiveness of | ||||||
35 | child support services.
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1 | Section 25. Performance standards.
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2 | (a) In consultation with the Department's statewide Child | ||||||
3 | Support Advisory
Committee, the Department shall establish the | ||||||
4 | following by rule:
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5 | (1) Measures of performance for all State's Attorneys | ||||||
6 | operating a program
and contractors and local governmental
| ||||||
7 | entities providing child support services in the IV-D Child | ||||||
8 | Support Program
with respect to parentage establishment, | ||||||
9 | support order establishment, current
support collections, | ||||||
10 | arrearage collections, cost-effectiveness, or any other
| ||||||
11 | measures used by the federal government or as set forth by | ||||||
12 | the Department.
| ||||||
13 | (2) Procedures for apportioning any projected | ||||||
14 | incentive funding between
any eligible contractors or | ||||||
15 | local governmental entities.
| ||||||
16 | (b) Once each year, the Department shall estimate the total | ||||||
17 | State and
federal incentive funding that will be available for | ||||||
18 | distribution under
this subsection during the following year. | ||||||
19 | Any State's Attorney operating a
program and a contractor or | ||||||
20 | local governmental
entity providing child support services in | ||||||
21 | the IV-D Child Support Program are
eligible to earn incentive | ||||||
22 | payments, based on the score received for
performance standards | ||||||
23 | required under this Section and the amount available for
that | ||||||
24 | year under this subsection.
| ||||||
25 | (c) Once each year, the Department shall apply the | ||||||
26 | performance standards to
all State's Attorneys operating a | ||||||
27 | program and contractors and local
governmental entities | ||||||
28 | providing child support
services in the IV-D Child Support | ||||||
29 | Program, and shall publish a report of
such performance levels | ||||||
30 | and corresponding scores used in calculating the
incentive | ||||||
31 | payment amount.
| ||||||
32 | Section 30. Annual report to General Assembly.
The | ||||||
33 | Department shall submit to the General Assembly
an annual | ||||||
34 | report on the operation of Programs during the
preceding State |
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1 | fiscal year. The annual report must include, but need not be
| ||||||
2 | limited to, the following:
| ||||||
3 | (1) The report of performance levels and corresponding | ||||||
4 | scores
used in calculating the incentive payment amounts | ||||||
5 | under Section 20.
| ||||||
6 | (2) A narrative description of each Program operating | ||||||
7 | in the State,
including (i) the manner in which a State's | ||||||
8 | Attorney complied or failed to
comply
with each assurance | ||||||
9 | included in the applicable Plan and (ii) the Program's
| ||||||
10 | annual budget
and staffing.
| ||||||
11 | Section 35. IV-D Child Support Program responsibilities.
| ||||||
12 | (a) The Department has the authority and responsibility for | ||||||
13 | administering
the IV-D Child Support Program in compliance with | ||||||
14 | Title IV, Part D of the
federal Social Security Act.
| ||||||
15 | (b) The Department may enter into agreements with | ||||||
16 | contractors or local
governmental entities to manage any | ||||||
17 | services provided by the IV-D Child Support
Program in counties | ||||||
18 | in which the State's Attorney is not operating a Program.
All | ||||||
19 | contractors or local governmental entities entering into | ||||||
20 | agreements with
the Department must meet the applicable | ||||||
21 | performance standards set forth in
Section 25.
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22 | (c) In any county in which a program is operating, the | ||||||
23 | Department may enter
into an intergovernmental agreement, with | ||||||
24 | the Clerk of the Circuit Court to be
responsible for filing, | ||||||
25 | recording, and making available for retrieval all
| ||||||
26 | administrative orders of parentage and administrative orders | ||||||
27 | setting,
modifying, or terminating child support obligations.
| ||||||
28 | (d) With respect to those counties in which a State's | ||||||
29 | Attorney is operating
a Program, the Department must, at a | ||||||
30 | minimum, fulfill its responsibilities
under
Title IV, Part D of | ||||||
31 | the federal Social Security Act and Article X of the
Illinois | ||||||
32 | Public Aid Code in connection with the following:
| ||||||
33 | (1) Operation of a statewide toll free telephone number | ||||||
34 | that refers
parties
to the appropriate contact as | ||||||
35 | established by a Plan.
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| |||||||
1 | (2) Management and supervision of the State | ||||||
2 | Disbursement Unit.
| ||||||
3 | (3) Management and supervision of KIDS and the State | ||||||
4 | Case Registry
established under Section 10-27 of the | ||||||
5 | Illinois Public Aid Code. A
State's Attorney operating a | ||||||
6 | Program, however, must be able to enter data
directly into
| ||||||
7 | KIDS with respect to any current child support cases for | ||||||
8 | which the State's
Attorney is responsible and must be able | ||||||
9 | to edit that data when necessary.
| ||||||
10 | (4) Federal income tax refund intercepts.
| ||||||
11 | (5) State income tax refund and other payment | ||||||
12 | intercepts.
| ||||||
13 | (6) Sending notices required by law to parents, except | ||||||
14 | as otherwise
provided in a Plan.
| ||||||
15 | (7) Submitting past due support information to | ||||||
16 | licensing agencies.
| ||||||
17 | (8) Notifying the Illinois Department of Public Health | ||||||
18 | of parentage
establishments and acknowledgments.
| ||||||
19 | (9) Maintaining the Central Case Registry with respect | ||||||
20 | to interstate
cases,
and taking any necessary actions that | ||||||
21 | are not otherwise specified in a Plan.
| ||||||
22 | (10) Submittal of past-due support information to the | ||||||
23 | Illinois Department
of Revenue.
| ||||||
24 | (11) Requests for data matches with financial | ||||||
25 | institutions.
| ||||||
26 | (12) Account reviews and redeterminations for any | ||||||
27 | child support cases in
which administrative processes are | ||||||
28 | utilized by the Department under this
Section.
| ||||||
29 | (13) Reports to the federal government.
| ||||||
30 | (14) All other duties required under Title IV, Part D | ||||||
31 | of the federal
Social Security Act that are not otherwise | ||||||
32 | included in a Plan.
| ||||||
33 | (e) To the extent that the provisions of this Act are | ||||||
34 | inconsistent with the
responsibilities or requirements imposed | ||||||
35 | on the IV-D Child Support Program
under Article X of the | ||||||
36 | Illinois Public Aid Code, the provisions of
this
Act shall |
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1 | control, unless doing so violates Title IV, Part D of the
| ||||||
2 | federal Social Security Act.
|