(750 ILCS 25/4)
(from Ch. 40, par. 2704)
Establishment of the Expedited Child Support System.
(a) Creation of Expedited Child Support System.
(1) Beginning July 1, 1991, an Expedited Child
Support System may be established in accordance with this Act in one or more counties for actions to establish parentage and to establish, modify, and enforce child support obligations. The System shall be available to all participants in the IV-D program, and may be made available to all persons, regardless of participation in the IV-D program, in accordance with subsection (d) of this Section.
(2) Implementation. To implement this System, the
Chief Judge of any Circuit shall develop and submit to the Supreme Court a Plan for the creation of a System.
(3) The Plan. The Plan shall indicate whether the
System is to be available to non-participants in the IV-D program; designate the number of Administrative Hearing Officers to be employed; describe the facilities to be made available for Expedited Child Support Hearings, including days and hours of availability; describe the procedure for presentation to a judge of contested pre-hearing motions that require a court order; describe the procedure for transmittal of recommendations to a judge; describe the procedure for action on recommendations by a judge; describe the procedure for transfer of matters from a judge to an Administrative Hearing Officer; and describe the procedure for referral of matters from an Administrative Hearing Officer to a judge. The Plan shall otherwise be in accordance with the provisions of this Act, with Supreme Court rules promulgated pursuant to this Act, and with the standards, policies and rules of the IV-D program to the extent federal reimbursement is sought. At the option of the Chief Judge, the Plan may create a circuit-wide System or may create a separate System for each county within the circuit. The Chief Judges of 2 or more contiguous judicial circuits may jointly submit a Plan that creates a single System for those judicial circuits.
(4) Supreme Court Review and Approval. The Supreme
Court shall review and approve or modify any submitted Plan to assure that it is consistent with the standards, policies and rules of the Supreme Court, the provisions and policies of this Act, and with the standards, policies and rules of the IV-D program to the extent federal reimbursement is sought, but shall not require Department or county approval.
(5) Implementation. The System shall be administered
by the Supreme Court. The Supreme Court may delegate, to the Chief Judge of each Judicial Circuit, the day-to-day administration of the System in the county or counties in such circuit in a manner consistent with the standards, policies, and rules established by the Supreme Court. Day-to-day administration includes, but is not limited to, engagement and termination of services, and periodic evaluation and assessment of work performed by all Administrative Hearing Officers.
(6) Hearing officers. At a minimum, Administrative
Hearing Officers must be licensed to practice law in Illinois and shall otherwise meet the qualifications established by the Supreme Court in rules promulgated pursuant to this Act.
(A) The Supreme Court may promulgate rules for
the collection and reporting of data with respect to compliance with the Federal time frames for all counties within the State. The reports shall be submitted at such intervals as the Supreme Court may prescribe and shall otherwise be in accordance with rules promulgated by the Supreme Court pursuant to this Act.
(B) Beginning in 1992, the Supreme Court shall
file with the General Assembly a report no later than April 1, of each year, describing the implementation status of this Act, which shall include, but not be limited to, an assessment of the System's effectiveness in all implementing counties, data reported pursuant to subparagraph (A) of this paragraph, and recommendations regarding continuation of the System in the implementing counties and expansion of the System into other counties.
(b) Demonstration Program. The Department may establish a demonstration
program in one or more counties selected by the Department for the use of
the Expedited Child Support System in IV-D cases beginning July 1, 1991, or
as soon thereafter as practicable. The program shall remain operative
until June 30, 1994; provided, that if funds become unavailable the program
shall terminate. The portion of the administrative expenses for such
program attributable to use by the IV-D program which is not funded by the
federal government shall be paid out of funds in the Child Support
Enforcement Trust Fund as established in Section 12-10.2 of the Illinois Public Aid Code.
The Supreme Court shall notify the Chief Judge of each judicial circuit
of the Department's intent to establish a demonstration program in one or
more counties. Any Chief Judge may submit a demonstration Plan to the
Supreme Court for its review; approval or modification pursuant to
subsection (a) of this Section; and for potential submission to the
Department. The demonstration Plan, in addition to the elements described
in subsection (a) of this Section, shall include a projected budget for the
operation of the System and may provide for participation in the System by
parties who are not participants in the IV-D program provided that the
portion of administrative expenses attributable to use by non-participants
in the IV-D program has been appropriated by the respective county and the
conditions of subsection (d) of this Section shall apply. The Department
may select, after reviewing the submitted Plans, one or more counties to
participate in a demonstration program and shall notify the Supreme Court
of its decision.
The Department shall file, no later than April 1, 1993, an interim report
assessing the effectiveness of the program in the demonstration county or
counties, including specific data on the disposition of child support cases
covered by this Act. The Department shall file no later than April 1,
1994, a final report updating the assessment and data provided in the
interim report, making recommendations regarding continuation of the program
in the participating county or counties and making recommendations
regarding implementation in non-participating counties.
(c) Non-Demonstration Counties. Upon Supreme Court approval of a
submitted Plan, any non-demonstration county, circuit or multi-circuit area
may implement an Expedited Child Support System, provided that funding has
been appropriated by the respective County Board or Boards for
administrative expenses incurred in the establishment and maintenance of
the non-IV-D portion of the System and the IV-D portion that is not subject
to federal reimbursement and that a plan for cost sharing has been filed
with and approved by the Department. The Chief Judge of each implementing
circuit shall maintain records of the number of IV-D and non-IV-D cases
pending and disposed of in the System. The administrative expenses that
are subject to federal reimbursement shall be documented and recorded in
such a fashion as to insure eligibility for federal reimbursement under the
IV-D program. The Supreme Court shall co-operate with the Department in
providing information necessary to obtain reimbursement from the federal
government pursuant to the IV-D program.
(d) Use of the Expedited Child Support System when neither party is a
IV-D participant. Any Plan submitted by the Chief Judge of a Judicial
Circuit may provide, but may not require, that the Expedited Child Support
System be available, on a case by case basis, when neither party is a
participant in the IV-D program, provided that funding for administrative
expenses relating to non-IV-D participants has been appropriated by the
respective County Board or Boards and that a plan for cost sharing has been
filed with and approved by the Department. Provided that, the petitioner
may elect to file an action under this Act before the Administrative
Hearing Officer; in such a case, the other party, notwithstanding any other
provision of this Act, on or before the hearing date, may elect to have the
case transferred for judicial hearing.
(Source: P.A. 86-1401.)