103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0552

 

Introduced 1/12/2023, by Rep. Emanuel "Chris" Welch

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-1  from Ch. 23, par. 10-1

    Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning public policy with respect to the determination and enforcement of the support responsibility of relatives.


LRB103 04122 KTG 49128 b

 

 

A BILL FOR

 

HB0552LRB103 04122 KTG 49128 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-1 as follows:
 
6    (305 ILCS 5/10-1)  (from Ch. 23, par. 10-1)
7    Sec. 10-1. Declaration of public policy; persons eligible
8for child support enforcement services; fees for
9non-applicants and non-recipients. It is the the intent of
10this Code that the financial aid and social welfare services
11herein provided supplement rather than supplant the primary
12and continuing obligation of the family unit for self-support
13to the fullest extent permitted by the resources available to
14it. This primary and continuing obligation applies whether the
15family unit of parents and children or of husband and wife
16remains intact and resides in a common household or whether
17the unit has been broken by absence of one or more members of
18the unit. The obligation of the family unit is particularly
19applicable when a member is in necessitous circumstances and
20lacks the means of a livelihood compatible with health and
21well-being.
22    It is the purpose of this Article to provide for locating
23an absent parent or spouse, for determining his financial

 

 

HB0552- 2 -LRB103 04122 KTG 49128 b

1circumstances, and for enforcing his legal obligation of
2support, if he is able to furnish support, in whole or in part.
3The Department of Healthcare and Family Services shall give
4priority to establishing, enforcing, and collecting the
5current support obligation, and then to past due support owed
6to the family unit, except with respect to collections
7effected through the intercept programs provided for in this
8Article. The establishment or enforcement actions provided in
9this Article do not require a previous court order for
10custody/allocation of parental responsibilities.
11    The child support enforcement services provided hereunder
12shall be furnished dependents of an absent parent or spouse
13who are applicants for or recipients of financial aid under
14this Code. It is not, however, a condition of eligibility for
15financial aid that there be no responsible relatives who are
16reasonably able to provide support. Nor, except as provided in
17Sections 4-1.7 and 10-8, shall the existence of such relatives
18or their payment of support contributions disqualify a needy
19person for financial aid.
20    By accepting financial aid under this Code, a spouse or a
21parent or other person having physical or legal custody of a
22child shall be deemed to have made assignment to the Illinois
23Department for aid under Articles III, IV, V, and VII or to a
24local governmental unit for aid under Article VI of any and all
25rights, title, and interest in any support obligation,
26including statutory interest thereon, up to the amount of

 

 

HB0552- 3 -LRB103 04122 KTG 49128 b

1financial aid provided. The rights to support assigned to the
2Department of Healthcare and Family Services (formerly
3Illinois Department of Public Aid) or local governmental unit
4shall constitute an obligation owed the State or local
5governmental unit by the person who is responsible for
6providing the support, and shall be collectible under all
7applicable processes.
8    The Department of Healthcare and Family Services shall
9also furnish the child support enforcement services
10established under this Article in behalf of persons who are
11not applicants for or recipients of financial aid under this
12Code in accordance with the requirements of Title IV, Part D of
13the Social Security Act. The Department may establish a
14schedule of reasonable fees, to be paid for the services
15provided and may deduct a collection fee, not to exceed 10% of
16the amount collected, from such collection. The Department of
17Healthcare and Family Services shall cause to be published and
18distributed publications reasonably calculated to inform the
19public that individuals who are not recipients of or
20applicants for public aid under this Code are eligible for the
21child support enforcement services under this Article X. Such
22publications shall set forth an explanation, in plain
23language, that the child support enforcement services program
24is independent of any public aid program under the Code and
25that the receiving of child support enforcement services in no
26way implies that the person receiving such services is

 

 

HB0552- 4 -LRB103 04122 KTG 49128 b

1receiving public aid.
2(Source: P.A. 102-541, eff. 8-20-21; 102-813, eff. 5-13-22.)