Full Text of HJR0168 099th General Assembly
HJ0168 99TH GENERAL ASSEMBLY |
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | WHEREAS, House Resolution 1101 (5/19/08), House Resolution | 3 | | 1428 (7/15/08), House Resolution 1517
(9/10/08), House | 4 | | Resolution 11 (2/11/90), and House Resolution 870 (2/11/10) | 5 | | formed the Illinois Family Law Study
Committee; and
| 6 | | WHEREAS, The Illinois Family Law Study Committee | 7 | | subcommittee on custody, aka
POD 1, produced a report on April | 8 | | 10, 2010, which stated in the pertinent section that | 9 | | "Secondarily,
the effect of the present system, in practice, | 10 | | has created "cottage industries" of GALs/child
| 11 | | representatives, custody evaluators, and others, who have | 12 | | increased litigation costs and are not
necessarily helpful in | 13 | | reducing conflicts between the parents"; and
| 14 | | WHEREAS, The House of Representatives, Judiciary I Civil | 15 | | Law Committee issued a
May 15, 2012 letter signed by all 11 | 16 | | committee members to members of the Illinois Supreme Court | 17 | | Attorney Registration and Disciplinary Commission, voicing | 18 | | concern about the lack of
attorney discipline "occurring in the | 19 | | area of child representatives and guardian ad litems
appointed | 20 | | under the Marriage and Dissolution of Marriage Act (750 ILCS | 21 | | 5/506) in various court
systems throughout the State; and | 22 | | WHEREAS, The Illinois family court system participates in, |
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| 1 | | and is otherwise subsidized by,
a Federal Program involving | 2 | | child support enforcement State and federal funding under, | 3 | | inter
alia, Social Security Act, Title IV-D (42 U.S.C. § 651 et | 4 | | seq), Title 45 Code of Federal
Regulations Illinois Public Aid | 5 | | Code (305 ILCS 5/10-1 et seq), Title 89 Illinois Administrative
| 6 | | Code; and | 7 | | WHEREAS, Illinois' participation in the aforesaid Title | 8 | | IV-D Federal Program requires
strict adherence to the State and | 9 | | federal laws and rules and regulations governing said program; | 10 | | and | 11 | | WHEREAS, The Illinois budget impasse resulted in the March | 12 | | 2016 resurrection of a 1992
federal lawsuit involving the | 13 | | aforesaid Title IV-D Federal Program, the executive agency of | 14 | | the
Governor responsible for the administration of said Federal | 15 | | Program, namely, the Illinois
Department of Healthcare and | 16 | | Family Services (HFS), and a certified class of Cook County
| 17 | | parents; 2016 court proceedings disclosed costly | 18 | | intergovernmental agreements
between HFS and circuit courts in | 19 | | 11 of the 102 counties of Illinois, among other issues of
| 20 | | fiscal and legal concern involving the administration of the | 21 | | Title IV-D Federal Program and
Illinois family court | 22 | | proceedings statewide; and | 23 | | WHEREAS, The April 10, 2010 report of the Illinois Family |
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| 1 | | Law Study Committee,
subcommittee on custody, among other | 2 | | authorities, indicate an unaddressed systemic problem in
the | 3 | | Illinois family court system which calls into question | 4 | | Illinois' adherence to the State and federal laws and rules and | 5 | | regulations governing Illinois' participation in the aforesaid | 6 | | Title IV-D
Federal Program; and
| 7 | | WHEREAS, A majority of members of the Senate and House of | 8 | | Representative of the
Illinois General Assembly are committed | 9 | | to the lawful participation of Illinois in the Title IV-D | 10 | | Federal Program; and
| 11 | | WHEREAS, The Illinois Legislature has not passed an annual | 12 | | state budget since May
of 2014; and
| 13 | | WHEREAS, A majority of members of the Senate and House of | 14 | | Representatives of the
Illinois General Assembly are committed | 15 | | to the passing of a balanced budget funding lawful
proceedings | 16 | | of the judicial branch of Illinois government; therefore, be it
| 17 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 18 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 19 | | SENATE CONCURRING HEREIN, that we urge the Governor to formally | 20 | | request the assistance of the U.S. Department of Justice, | 21 | | Office of the United States Attorneys, Civil Division, Federal | 22 | | Programs Branch pertinent
to the issues raised herein; and be |
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| 1 | | it further
| 2 | | RESOLVED, That a suitable copy of this resolution be | 3 | | presented to the Governor.
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