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90_SB1619
305 ILCS 5/4-1.7 from Ch. 23, par. 4-1.7
305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
Amends the Illinois Public Aid Code. Provides that the
Department of Human Services and the Department of Public Aid
shall implement at least 2 3-year pilot projects to test the
effects of passing certain amounts of child support collected
by the Department of Public Aid through to families receiving
cash assistance under Article IV. Provides that the child
support passed through to a family shall not affect the
family's eligibility for or the amount of assistance provided
under Article IV within certain limits. Provides that no
later than 6 months after the conclusion of the pilot
projects, the Departments shall report their findings and
recommendations for change, if any, to the General Assembly.
Requires the Department of Public Aid to pass through to
families receiving cash assistance under Article IV the first
$50 of child support collected by the Department without
affecting the families' eligibility for or the amount of
assistance under Article IV. Deletes provisions allowing
money to be transferred from the Child Support Enforcement
Trust Fund to the General Revenue Fund each year.
LRB9011428SMdv
LRB9011428SMdv
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Sections 4-1.7 and 12-10.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Sections 4-1.7 and 12-10.2 as follows:
7 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
8 Sec. 4-1.7. Enforcement of Parental Child Support
9 Obligation.) If the parent or parents of the child are
10 failing to meet or are delinquent in their legal obligation
11 to support the child, the parent or other person having
12 custody of the child or the Illinois Department of Public Aid
13 may request the law enforcement officer authorized or
14 directed by law to so act to file action for the enforcement
15 of such remedies as the law provides for the fulfillment of
16 the child support obligation.
17 If a parent has a judicial remedy against the other
18 parent to compel child support, or if, as the result of an
19 action initiated by or in behalf of one parent against the
20 other, a child support order has been entered in respect to
21 which there is noncompliance or delinquency, or where the
22 order so entered may be changed upon petition to the court to
23 provide additional support, the parent or other person having
24 custody of the child or the Illinois Department of Public Aid
25 may request the appropriate law enforcement officer to seek
26 enforcement of the remedy, or of the support order, or a
27 change therein to provide additional support. If the law
28 enforcement officer is not authorized by law to so act in
29 these instances, the parent, or if so authorized by law the
30 other person having custody of the child, or the Illinois
31 Department of Public Aid may initiate an action to enforce
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1 these remedies.
2 A parent or other person having custody of the child must
3 comply with the requirements of Title IV of the federal
4 Social Security Act, and the regulations duly promulgated
5 thereunder, and any rules promulgated by the Illinois
6 Department regarding enforcement of the child support
7 obligation. The Illinois Department of Public Aid and the
8 Department of Human Services may provide by rule for the
9 grant or continuation of aid to the person for a temporary
10 period if he or she accepts counseling or other services
11 designed to increase his or her motivation to seek
12 enforcement of the child support obligation.
13 In addition to any other definition of failure or refusal
14 to comply with the requirements of Title IV of the federal
15 Social Security Act, or Illinois Department rule, in the case
16 of failure to attend court hearings, the parent or other
17 person can show cooperation by attending a court hearing or,
18 if a court hearing cannot be scheduled within 14 days
19 following the court hearing that was missed, by signing a
20 statement that the parent or other person is now willing to
21 cooperate in the child support enforcement process and will
22 appear at any later scheduled court date. The parent or
23 other person can show cooperation by signing such a statement
24 only once. If failure to attend the court hearing or other
25 failure to cooperate results in the case being dismissed,
26 such a statement may be signed after 2 months.
27 No denial or termination of medical assistance pursuant
28 to this Section shall commence during pregnancy of the parent
29 or other person having custody of the child or for 30 days
30 after the termination of such pregnancy. The termination of
31 medical assistance may commence thereafter if the Illinois
32 Department of Public Aid determines that the failure or
33 refusal to comply with this Section persists. Postponement
34 of denial or termination of medical assistance during
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1 pregnancy under this paragraph shall be effective only to the
2 extent it does not conflict with federal law or regulation.
3 Any evidence a parent or other person having custody of
4 the child gives in order to comply with the requirements of
5 this Section shall not render him or her liable to
6 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
7 of 1961", approved July 28, 1961, as amended.
8 When so requested, the Illinois Department of Public Aid
9 and the Department of Human Services shall provide such
10 services and assistance as the law enforcement officer may
11 require in connection with the filing of any action
12 hereunder.
13 The Illinois Department of Public Aid and the Department
14 of Human Services, and as an expense of administration, may
15 also provide applicants for and recipients of aid with such
16 services and assistance, including assumption of the
17 reasonable costs of prosecuting any action or proceeding, as
18 may be necessary to enable them to enforce the child support
19 liability required hereunder.
20 Nothing in this Section shall be construed as a
21 requirement that an applicant or recipient file an action for
22 dissolution of marriage against his or her spouse.
23 The Department of Human Services and the Department of
24 Public Aid shall develop and implement by rule at least 2
25 pilot projects to test the effects, in terms of parental
26 cooperation with the child support program, collections of
27 child support, and non-custodial parents' involvement in the
28 lives of their children, of paying to families receiving cash
29 assistance under Article IV either (i) two-thirds of the
30 monthly child support collected on behalf of each member of
31 the assistance unit or (ii) the first $50 paid as monthly
32 support on each judicial or administrative child support
33 order on behalf of a member of the assistance unit, whichever
34 is greater. The child support passed through to a family
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1 pursuant to this paragraph shall not affect the family's
2 eligibility for assistance or decrease any amount otherwise
3 payable as assistance to the family under Article IV until a
4 family's non-exempt income and the child support passed
5 through to the family equal the federal poverty level, at
6 which point cash assistance to the family may be terminated.
7 The Departments shall conduct at least one of the pilot
8 projects in a county of 3,000,000 or more population and at
9 least one of the pilot projects in a county of fewer than
10 3,000,000 population. The pilots shall be conducted for a
11 period of not less than 3 years. No later than 6 months
12 after the conclusion of the pilot projects, the Departments
13 shall report their findings to the General Assembly and, to
14 the extent that the findings support recommendations for
15 changes in State law or policy, make such recommendations to
16 the General Assembly.
17 The Department of Public Aid shall pay to families
18 receiving cash assistance under Article IV the first $50 paid
19 as monthly support on each judicial or administrative child
20 support order on behalf of a member of the assistance unit,
21 and the Department of Human Services shall ensure that such
22 payments shall not affect the families' eligibility for
23 assistance under Article IV or decrease any amount otherwise
24 payable as assistance to such family under Article IV.
25 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97.)
26 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
27 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
28 to be held by the State Treasurer as ex-officio custodian
29 outside the State Treasury, pursuant to the Child Support
30 Enforcement Program established by Title IV-D of the Social
31 Security Act, shall consist of (1) all support payments
32 received by the Illinois Department under Sections 10-8,
33 10-10, 10-16 and 10-19 that are required by such Sections to
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1 be paid into the Child Support Enforcement Trust Fund, and
2 (2) all federal grants received by the Illinois Department
3 funded by Title IV-D of the Social Security Act, except those
4 federal funds received under the Title IV-D program as
5 reimbursement for expenditures from the General Revenue Fund,
6 and (3) incentive payments received by the Illinois
7 Department from other states or political subdivisions of
8 other states for the enforcement and collection by the
9 Department of an assigned child support obligation in behalf
10 of such other states or their political subdivisions pursuant
11 to the provisions of Title IV-D of the Social Security Act,
12 and (4) incentive payments retained by the Illinois
13 Department from the amounts which otherwise would be paid to
14 the Federal government to reimburse the Federal government's
15 share of the support collection for the Department's
16 enforcement and collection of an assigned support obligation
17 on behalf of the State of Illinois pursuant to the provisions
18 of Title IV-D of the Social Security Act, and (5) all fees
19 charged by the Department for child support enforcement
20 services, as authorized under Title IV-D of the Social
21 Security Act and Section 10-1 of this Code, and any other
22 fees, costs, fines, recoveries, or penalties provided for by
23 State or federal law and received by the Department under the
24 Child Support Enforcement Program established by Title IV-D
25 of the Social Security Act, and (6) all amounts appropriated
26 by the General Assembly for deposit into the Fund, and (7)
27 all interest earned on the moneys in the Child Support
28 Enforcement Trust Fund.
29 Disbursements from this Fund shall be only for the
30 following purposes: (1) for the reimbursement of funds
31 received by the Illinois Department through error or mistake,
32 and (2) for payments to non-recipients, current recipients
33 and former recipients of financial aid of support payments
34 received on their behalf under Article X of this Code,
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1 pursuant to the provisions of Title IV-D of the Social
2 Security Act and rules promulgated by the Department, and (3)
3 for payment of any administrative expenses, including payment
4 to the Health Insurance Reserve Fund for group insurance
5 costs at the rate certified by the Department of Central
6 Management Services, except those required to be paid from
7 the General Revenue Fund, including personal and contractual
8 services, incurred in performing the Title IV-D activities
9 authorized by Article X of this Code, and (4) for the
10 reimbursement of the Public Assistance Emergency Revolving
11 Fund for expenditures made from that Fund for payments to
12 former recipients of public aid for child support made to the
13 Illinois Department when the former public aid recipient is
14 legally entitled to all or part of the child support
15 payments, pursuant to the provisions of Title IV-D of the
16 Social Security Act, and (5) for the payment of incentive
17 amounts owed to other states or political subdivisions of
18 other states that enforce and collect an assigned support
19 obligation on behalf of the State of Illinois pursuant to the
20 provisions of Title IV-D of the Social Security Act, and (6)
21 for the payment of incentive amounts owed to political
22 subdivisions of the State of Illinois that enforce and
23 collect an assigned support obligation on behalf of the State
24 pursuant to the provisions of Title IV-D of the Social
25 Security Act, and (7) for payments of any amounts which are
26 reimbursable to the Federal government which are required to
27 be paid by State warrant by either the State or Federal
28 government. Disbursements from this Fund shall be by warrants
29 drawn by the State Comptroller on receipt of vouchers duly
30 executed and certified by the Illinois Department or any
31 other State agency that receives an appropriation from the
32 Fund.
33 The balance in this Fund on the first day of each
34 calendar quarter, after payment therefrom of any amounts
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1 reimbursable to the Federal government, and minus the amount
2 reasonably anticipated to be needed to make disbursements
3 during the quarter authorized by this Section, shall be
4 certified by the Director of the Illinois Department and
5 transferred by the State Comptroller to the General Revenue
6 Fund in the State Treasury within 30 days of the first day of
7 each calendar quarter.
8 The balance transferred to the General Revenue Fund for
9 any fiscal year shall be not less than ten percent of the
10 total support payments received, and retained pursuant to the
11 provisions of Title IV-D of the Social Security Act, on
12 behalf of persons receiving financial assistance under
13 Article IV of this Code which were required to be deposited
14 to this Fund during that fiscal year. The above described
15 payments received and retained shall include the State and
16 Federal share of such payments.
17 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
18 90-18, eff. 7-1-97.)