750 ILCS 24/ Unified Child Support Services Act.

(750 ILCS 24/1)

Sec. 1. This Act may be cited as the Unified Child Support Services Act.

(Source: P.A. 92‑876, eff. 6‑1‑03.)

(750 ILCS 24/5)

Sec. 5. Definitions. In this Act:

"Child support services" mean any services provided with respect to parentage establishment, support establishment, medical support establishment, support modification, or support enforcement.

"Child support specialist" means a paralegal, attorney, or other staff member with specialized training in child support services.

"Current child support case" means a case that is pending in the IV‑D Child Support Program for which any action is being taken by a Unified Child Support Services Program.

"Department" means the Department of Healthcare and Family Services.

"IV‑D Child Support Program" means the child support enforcement program established pursuant to Title IV, Part D of the federal Social Security Act and Article X of the Illinois Public Aid Code.

"KIDS" means the Key Information Delivery System that includes a statewide database of all cases in the IV‑D Child Support Program.

"Medicaid" means the medical assistance program under Article V of the Illinois Public Aid Code.

"Obligor" and "obligee" mean those terms as defined in the Income Withholding for Support Act.

"Plan" means a plan for a Unified Child Support Services Program.

"Program" means the Unified Child Support Services Program in a county or group of counties.

"State Disbursement Unit" means the State Disbursement Unit established under Section 10‑26 of the Illinois Public Aid Code.

"State's Attorney" means the duly elected State's Attorney of an Illinois county or 2 or more State's Attorneys who have formed a consortium for purposes of managing a Unified Child Support Services Program within a specific region of the State.

"Temporary Assistance for Needy Families" means the Temporary Assistance for Needy Families (TANF) program under Article IV of the Illinois Public Aid Code.

(Source: P.A. 95‑331, eff. 8‑21‑07.)

(750 ILCS 24/10)

Sec. 10. Plan for Unified Child Support Services.

(a) By July 1, 2003 and by July 1 of each subsequent year, a State's Attorney, in cooperation with the appropriate county officials, may submit to the Department a Plan for a Unified Child Support Services Program that includes all of the components set forth in Section 15 of this Act and that includes a projected budget of the necessary and reasonable direct and indirect costs for operation of the Program. The Plan may provide for phasing in the Program with different implementation dates.

(b) By December 1 of the year in which a Plan is submitted, the Department shall approve or reject the Plan. If the Plan is approved, the Department and the State's Attorney shall enter into an intergovernmental agreement incorporating the Plan, subject to the approval of the Attorney General and the appropriate county board. If the Plan is rejected, the Department must set forth (i) specific reasons that the Plan fails to satisfy the specific goals and requirements of this Act or other State or federal requirements and (ii) specific reasons that the necessary and reasonable costs for operation of the Plan could not be agreed upon.

(c) Any State's Attorney who submits a Plan pursuant to this Act shall commit to manage the Program for a period of no less than 3 years.

(d) If a Plan is rejected, or if for any reason an intergovernmental agreement is not signed, the prior agreement under this Act shall continue in effect until a new intergovernmental agreement is signed or the agreement is terminated.

(e) The Department may impose a restriction that no more than 3 State's Attorneys may begin operating a Program in a given year. The Department shall develop a procedure for fair and orderly consideration of Plans as they are submitted or as interest by a State's Attorney is otherwise demonstrated.

(f) In any county in which a Unified Child Support Services Program is operating, the Clerk of the Circuit Court may submit to the Department a plan for filing, recording, and making available for retrieval all administrative orders of parentage and administrative orders setting, modifying, or terminating child support obligations for all IV‑D cases pending in the county on the implementation date of the Program and all new cases in the IV‑D Child Support Program. The Department shall approve or reject the plan, according to the criteria set forth in subsection (b), and shall enter into the appropriate intergovernmental agreement incorporating the plan unless the Department can demonstrate that it has an alternative approach.

(Source: P.A. 92‑876, eff. 6‑1‑03.)

(750 ILCS 24/15)

Sec. 15. Components of a Unified Child Support Services Program.

(a) Any intergovernmental agreement incorporating an approved Plan under this Act must provide that the State's Attorney shall create and manage a Program offering child support services in all IV‑D cases pending in the county as of the approval date of the Plan and all new cases in the Department's IV‑D Child Support Program, based upon the jurisdiction of the case and in accordance with all relevant laws or Department policies.

(b) The child support services offered by each Program and incorporated in the State's Attorney's Plan must comply with the Department's approved Title IV, Part D State Plan and, except as provided in Section 35, must include, but need not be limited to, the following:

(1) Accepting applications for child support services from private parties or referrals from any State agency that submits information to KIDS, and providing for the conducting of initial interviews with applicants by telephone or other electronic means.

(2) Maintaining flexible office hours, including evening or weekend hours for in‑person or telephone appointments, or any other appropriate means in order to meet customer service demands.

(3) Providing for a staffing plan that includes assigning cases to a child support specialist who is responsible for coordinating child support services for the case, receiving new and updated information about the case and forwarding that information to all relevant persons and agencies, responding to parents' inquiries and requests in a timely manner, and making appropriate referrals as specified in paragraph (12) of this subsection.

(4) Assessing each case for child support services by determining the status of the case and the necessary steps appropriate for the case, including establishing and following standards for determining whether to use judicial or administrative processes for child support services, and establishing and following standards for seeking cooperation from the parties before invoking other enforcement mechanisms.

(5) Taking all necessary steps identified in paragraph (4) of this subsection as appropriate for the case, whether by use of judicial or administrative processes, and making appropriate referrals to the Department to follow agency processes for which it is responsible under Section 35 of this Act.

(6) Offering genetic testing to determine parentage at the site of the unified child support services operations or near the county courthouse or administrative hearing office where proceedings to establish parentage are conducted.

(7) Obtaining identified cases that have moved into non‑compliance with obligations set forth in an order involving a child support case and taking steps necessary to bring the case into compliance, including investigating sources of income and the location and type of assets of child support obligors who are in arrears in the payment of support.

(8) Obtaining information to provide for periodic or other review of administrative and court orders for support consistent with federal guidelines to determine whether a modification of the order should be sought.

(9) Taking responsibility for using KIDS, for entering data with respect to a current child support case into KIDS and editing that data, and for having conflicting or incorrect data reconciled with respect to a current child support case.

(10) Reporting cooperation or the circumstances for lack of cooperation with child support services by recipients of public aid under Temporary Assistance for Needy Families or Medicaid.

(11) Conducting account reviews and redeterminations with respect to a current child support case in accordance with Department policies and federal guidelines.

(12) Establishing referral procedures and making appropriate referrals for programs such as voluntary mediation on custody and visitation, domestic violence, employment and training, child care, and governmental benefits such as Temporary Assistance for Needy Families and Medicaid.

(13) Establishing and maintaining a separate, impartial, and independent administrative process for parentage establishment, support establishment, and support modification that affords due process of law to alleged fathers and custodial and non‑custodial parents; and furnishing copies of all such administrative orders to the clerk of the circuit court and the Department.

(14) Providing all information on the Program's operation needed by the Department to satisfy the Department's reporting requirements to the State and federal governments on a timely basis.

(15) Responding to requests for Administrative Accountability Analyses under Article X of the Illinois Public Aid Code, for State's Attorney cases as of the effective date of the approved Plan, and reporting final determinations to the Department.

(16) Marketing the Program within the county in which it is operating so that potential applicants learn about child support services offered.

(17) Appointing a local, unpaid child support advisory board, with the State's Attorney operating the Program as the chair, that meets at least quarterly.

(18) Establishing procedures for referral to the Illinois Attorney General of designated child support cases brought by non‑custodial parents.

(19) Conducting all operations in accordance with any applicable State or federal laws and regulations and the Plan.

(Source: P.A. 92‑876, eff. 6‑1‑03.)

(750 ILCS 24/20)

Sec. 20. Subcontracts. A Plan submitted by a State's Attorney for approval to manage a Program must include those subcontracts and intergovernmental agreements necessary for the provision of any components of child support services under the Plan. The Plan must also include a copy of each signed subcontract or intergovernmental agreement or other evidence of the proposed subcontractor or other local governmental entity's intent to perform the services covered by the subcontract or intergovernmental agreement. The subcontract or intergovernmental agreement may be approved by the Department only if the subcontractor or other intergovernmental entity's services are fully integrated into the Program and the subcontractor or other intergovernmental entity's services enhance the efficiency, accessibility, and effectiveness of child support services.

(Source: P.A. 92‑876, eff. 6‑1‑03.)

(750 ILCS 24/25)

Sec. 25. Performance standards.

(a) In consultation with the Department's statewide Child Support Advisory Committee and a designated representative of the Illinois State's Attorneys Association, the Department shall establish the following by rule:

(1) Measures of performance for all State's Attorneys operating a program and contractors and local governmental entities providing child support services in the IV‑D Child Support Program with respect to parentage establishment, support order establishment, current support collections, arrearage collections, cost‑effectiveness, or any other measures used by the federal government or as set forth by the Department.

(2) Procedures for apportioning any projected incentive funding between any eligible contractors or local governmental entities.

(b) Once each year, the Department shall estimate the total State and federal incentive funding that will be available for distribution under this subsection during the following year. Any State's Attorney operating a program and a contractor or local governmental entity providing child support services in the IV‑D Child Support Program are eligible to earn incentive payments, based on the score received for performance standards required under this Section and the amount available for that year under this subsection.

(c) Once each year, the Department shall apply the performance standards to all State's Attorneys operating a program and contractors and local governmental entities providing child support services in the IV‑D Child Support Program, and shall publish a report of such performance levels and corresponding scores used in calculating the incentive payment amount.

(Source: P.A. 92‑876, eff. 6‑1‑03.)

(750 ILCS 24/30)

Sec. 30. Annual report to General Assembly. The Department shall submit to the General Assembly an annual report on the operation of Programs during the preceding State fiscal year. The annual report must include, but need not be limited to, the following:

(1) The report of performance levels and corresponding scores used in calculating the incentive payment amounts under Section 20.

(2) A narrative description of each Program operating in the State, including (i) the manner in which a State's Attorney complied or failed to comply with each assurance included in the applicable Plan and (ii) the Program's annual budget and staffing.

(Source: P.A. 92‑876, eff. 6‑1‑03.)

(750 ILCS 24/35)

Sec. 35. IV‑D Child Support Program responsibilities.

(a) The Department has the authority and responsibility for administering the IV‑D Child Support Program in compliance with Title IV, Part D of the federal Social Security Act.

(b) The Department may enter into agreements with contractors or local governmental entities to manage any services provided by the IV‑D Child Support Program in counties in which the State's Attorney is not operating a Program. All contractors or local governmental entities entering into agreements with the Department must meet the applicable performance standards set forth in Section 25.

(c) In all counties, whether or not the State's Attorney in a county is operating a Program, the Department must, at a minimum, fulfill its responsibilities under Title IV, Part D of the federal Social Security Act and Article X of the Illinois Public Aid Code in connection with the following:

(1) Operation of a statewide toll free telephone number that refers parties to the appropriate contact as established by a Plan.

(2) Management and supervision of the State Disbursement Unit.

(3) Management and supervision of KIDS and the State Case Registry established under Section 10‑27 of the Illinois Public Aid Code, including the responsibility (i) for entering and editing data for activities being conducted by the Department with respect to a current child support case and (ii) for having conflicting or incorrect data reconciled with respect to those activities. A State's Attorney operating a Program, however, must be able to enter data directly into KIDS with respect to any current child support cases for which the State's Attorney is responsible and must be able to edit that data when necessary.

(4) Federal income tax refund intercepts.

(5) State income tax refund and other payment intercepts.

(6) Sending notices required by law to parents, except as otherwise provided in a Plan.

(7) Submitting past due support information to licensing agencies.

(8) Notifying the Illinois Department of Public Health of parentage establishments and acknowledgments.

(9) Maintaining the Central Case Registry with respect to interstate cases, and taking any necessary actions that are not otherwise specified in a Plan.

(10) Submittal of past‑due support information to the Illinois Department of Revenue.

(11) Requests for data matches with financial institutions.

(12) Account reviews and redeterminations for any child support cases in which administrative processes are utilized by the Department under this Section.

(13) Reports to the federal government.

(14) All other duties required under Title IV, Part D of the federal Social Security Act that are not otherwise included in a Plan.

(d) To the extent that the provisions of this Act are inconsistent with the responsibilities or requirements imposed on the IV‑D Child Support Program under Article X of the Illinois Public Aid Code, the provisions of this Act shall control, unless doing so violates Title IV, Part D of the federal Social Security Act.

(Source: P.A. 92‑876, eff. 6‑1‑03.)

(750 ILCS 24/905)

Sec. 905. (Amendatory provisions; text omitted).

(Source: P.A. 92‑876, eff. 6‑1‑03; text omitted.)

(750 ILCS 24/910)

Sec. 910. (Amendatory provisions; text omitted).

(Source: P.A. 92‑876, eff. 6‑1‑03; text omitted.)

(750 ILCS 24/915)

Sec. 915. (Amendatory provisions; text omitted).

(Source: P.A. 92‑876, eff. 6‑1‑03; text omitted.)

(750 ILCS 24/920)

Sec. 920. (Amendatory provisions; text omitted).

(Source: P.A. 92‑876, eff. 6‑1‑03; text omitted.)