(305 ILCS 5/5-2.2) (from Ch. 23, par. 5-2.2)
Sec. 5-2.2.
Cooperation in establishing support obligation.
A
parent or other person having custody of the child or a spouse who fails or
refuses to comply with the requirements of Title XIX of the federal Social
Security Act, and the regulations duly promulgated thereunder, regarding
establishment and enforcement of the child or spousal support obligation
shall be ineligible for medical assistance and shall remain ineligible for
medical assistance for as long as the failure or refusal persists.
In addition to any other definition of failure or refusal to comply
with the requirements of Title XIX of the federal Social Security Act, in
the case of failure to attend court hearings, the parent or other person
can show cooperation by attending a court hearing or, if a court hearing
cannot be scheduled within 30 days following the court hearing that was
missed, by signing a statement that the parent or other person is now
willing to cooperate in the child support enforcement process and will
appear at any later scheduled court date. The parent or other person can
show cooperation by signing such a statement only once. If failure to
attend the court hearing or other failure to cooperate results in the case
being dismissed, such a statement may be signed after 2 months.
No denial or termination of medical assistance pursuant to this Section
shall commence during pregnancy of the parent or other person having
custody of the child or for 30 days after the termination of such pregnancy.
The termination of medical assistance may commence thereafter if the
Illinois Department determines that the failure or refusal to comply with
this Section persists. Postponement of denial or termination of medical
assistance during pregnancy under this paragraph shall be effective only to
the extent it does not conflict with federal law or regulation.
(Source: P.A. 85-1155.)
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