(305 ILCS 5/8A-14)
Sec. 8A-14.
Bribery and graft in connection with health care.
(a) As used in this Section:
"Health care official" means any of the following:
(1) An administrator, officer, trustee, fiduciary, |
| custodian, counsel, agent, or employee of any health plan.
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(2) An officer, counsel, agent, or employee of an
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| organization that provides, proposes to provide, or contracts to provide services to any health plan.
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(3) An official, employee, or agent of a State or
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| federal agency having regulatory or administrative authority over any health plan.
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"Health plan" has the meaning attributed to that term in Section 8A-13.
(b) Any person, firm, corporation, association, agency, institution, or
other legal entity that
(1) directly or indirectly gives, offers, or promises
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| anything of value to a health care official, or offers or promises to a health care official to give anything of value to another person, with the intent
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(A) to influence or reward any act or decision of
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| any health care official exercising any authority in any State or federally funded or mandated health plan other than as specifically allowed by law, or
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(B) to influence the official to commit, aid in
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| the commission of, or conspire to allow any fraud in a State or federally funded or mandated health plan, or
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(C) to induce the official to engage in any
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| conduct in violation of the official's lawful duty, or
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(2) being a health care official, directly or
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| indirectly demands, solicits, receives, accepts, or agrees to accept anything of value personally or for any other person or entity, the giving of which would violate paragraph (1) of this subsection,
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is guilty of a violation of this Article and shall be punished as
provided in Section 8A-6.
(Source: P.A. 90-538, eff. 12-1-97.)
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(305 ILCS 5/8A-16)
Sec. 8A-16.
Unfair or deceptive marketing practices.
(a) As used in this Section, "health plan" has the meaning attributed to
that term in Section 8A-13.
(b) It is unlawful to knowingly and willfully engage in any unfair or
deceptive marketing practice
in connection with proposing, offering, selling, soliciting, or providing any
health care service or any health plan. Unfair or deceptive marketing
practices include the following:
(1) Making a false and misleading oral or written |
| statement, visual description, advertisement, or other representation of any kind that has the capacity, tendency, or effect of deceiving or misleading health care consumers with respect to any health care service, health plan, or health care provider.
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(2) Making a representation that a health care plan
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| or a health care provider offers any service, benefit, access to care, or choice that it does not in fact offer.
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(3) Making a representation that a health plan or
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| health care provider has any status, certification, qualification, sponsorship, affiliation, or licensure that it does not have.
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(4) A failure to state a material fact if the failure
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| deceives or tends to deceive.
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(5) Offering any kickback, bribe, reward, or benefit
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| to any person as an inducement to select or to refrain from selecting any health care service, health plan, or health care provider, unless the benefit offered is medically necessary health care or is permitted by the Illinois Department.
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(6) The use of health care consumer or other
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| information that is confidential or privileged or that cannot be disclosed to or obtained by the user without violating a State or federal confidentiality law, including:
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(A) medical records information; and
(B) information that identifies the health care
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| consumer or any member of his or her group as a recipient of any government sponsored or mandated welfare program.
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(7) The use of any device or artifice in advertising
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| a health plan or soliciting a health care consumer that misrepresents the solicitor's profession, status, affiliation, or mission.
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(c) Any person who commits a first violation of this Section is guilty of a
Class
A misdemeanor and is subject to a fine of not more than $5,000. Any person who
commits a second or subsequent violation of this Section is guilty of a Class 4
felony and is subject to a fine of not more than $25,000.
(Source: P.A. 90-538, eff. 12-1-97.)
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(305 ILCS 5/9-1) (from Ch. 23, par. 9-1)
Sec. 9-1. Declaration of Purpose. It is the purpose
of this Article to aid applicants for and
recipients of public aid under Articles III, IV, V, and VI, to
increase their capacities for self-support, self-care, and responsible
citizenship, and to assist them in maintaining and strengthening family
life. If authorized pursuant to Section 9-8, this Article may be
extended to former and potential recipients and to persons whose income
does not exceed the standard established to determine eligibility for
aid as a medically indigent person under Article V. The Department, with
the written consent of the Governor, may also:
(a) extend this Article to individuals and their |
| families with income closely related to national indices of poverty who have special needs resulting from institutionalization of a family member or conditions that may lead to institutionalization or who live in impoverished areas or in facilities developed to serve persons of low income;
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(b) establish, where indicated, schedules of payment
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| for service provided based on ability to pay;
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(c) provide for the coordinated delivery of the
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| services described in this Article and related services offered by other public or private agencies or institutions, and cooperate with the Illinois Department on Aging to enable it to properly execute and fulfill its duties pursuant to the provisions of Section 4.01 of the "Illinois Act on the Aging", as now or hereafter amended;
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(d) provide in-home care services, such as chore and
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| housekeeping services or homemaker services, to recipients of public aid under Articles IV and VI, the scope and eligibility criteria for such services to be determined by rule;
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(e) contract with other State agencies for the
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| purchase of social service under Title XX of the Social Security Act, such services to be provided pursuant to such other agencies' enabling legislation; and
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(f) cooperate with the Department of Healthcare and
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| Family Services to provide services to public aid recipients for the treatment and prevention of alcoholism and substance abuse.
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(Source: P.A. 95-331, eff. 8-21-07.)
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(305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
Sec. 9-6.
Job Search, Training and Work Programs.
The Illinois Department
and local governmental units shall initiate, promote and develop job search,
training and work programs which will provide employment for and contribute
to the training and experience of persons receiving aid under Articles III,
V, and VI.
The job search, training and work programs shall be designed to preserve and
improve the work habits and skills of recipients for whom jobs are not
otherwise immediately available and to provide training and experience for
recipients who lack the skills required for such employment opportunities as
are or may become available. The Illinois Department and local governmental
unit shall determine by rule those classes of recipients who shall be subject
to participation in such programs. If made subject to participation, every
applicant for or recipient of public aid who is determined to be "able to
engage in employment", as defined by the Department or local governmental unit
pursuant to rules and regulations, for whom unsubsidized jobs are not otherwise
immediately available shall be required to participate in any program
established under this Section.
The Illinois Department shall establish with the Director of Central
Management Services an outreach and training
program designed to encourage and assist recipients participating in job
search, training and work programs to participate in open competitive
examinations for trainee and other entry level positions to maximize
opportunities for placement on open competitive eligible listings and
referral to State agencies for employment consideration.
The Department shall provide payment for transportation, day-care and
Workers' Compensation costs which occur for recipients as a result of
participating in job search, training and work programs as described in
this Section. The Department may decline to initiate such programs in
areas where eligible recipients would be so few in number as to not
economically justify such programs; and in this event the Department shall
not require persons in such areas to participate in any job search,
training, or work programs whatsoever as a condition of their continued
receipt of, or application for, aid.
The programs may include, but shall not be limited to, service in child
care centers, in preschool programs as teacher aides and in public health
programs as home visitors and health aides; the
maintenance of or services required in connection with public offices,
buildings and grounds; state, county and municipal hospitals, forest
preserves, parks, playgrounds, streets and highways, and other
governmental maintenance or construction directed toward environmental
improvement; and similar facilities.
The Illinois Department or local governmental units may enter into agreements
with local taxing bodies and private not-for-profit organizations, agencies
and institutions to provide for the supervision and administration of job
search, work and training projects authorized by this Section. Such agreements
shall stipulate the requirements for utilization of recipients in such
projects. In addition to any other requirements dealing with the
administration of these programs, the Department shall assure, pursuant to
rules and regulations, that:
(a) Recipients may not displace regular employees.
(b) The maximum number of hours of mandatory work is |
| 8 hours per day and 40 hours per week, not to exceed 120 hours per month.
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(c) The maximum number of hours per month shall be
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| determined by dividing the recipient's benefits by the federal minimum wage, rounded to the lowest full hour. "Recipient's benefits" in this subsection includes: (i) both cash assistance and food stamps provided to the entire assistance unit or household by the Illinois Department where the job search, work and training program is administered by the Illinois Department and, where federal programs are involved, includes all such cash assistance and food stamps provided to the greatest extent allowed by federal law; or (ii) includes only cash assistance provided to the entire assistance unit by the local governmental unit where the job search, work and training program is administered by the local governmental unit.
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(d) The recipient shall be provided or compensated
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| for transportation to and from the work location.
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(e) Appropriate terms regarding recipient
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Local taxing bodies and private not-for-profit organizations, agencies
and institutions which utilize recipients in job search, work and training
projects authorized by this Section are urged to include such recipients in the
formulation of their employment policies.
Unless directly paid by an employing local taxing body or not-for-profit
agency, a recipient participating in a work project who meets all requirements
set forth by the Illinois Department shall receive credit towards his or
her monthly assistance benefits for work performed based upon the applicable
minimum wage rate. Where a recipient is paid directly by an employing agency,
the Illinois Department or local governmental unit shall provide for payment
to such employing entity the appropriate amount of assistance benefits to
which the recipient would otherwise be entitled under this Code.
The Illinois Department or its designee, including local governmental units,
may enter into agreements with the agencies or institutions providing work
under programs established hereunder for payment to each such employer
(hereinafter called "public service employer") of all or a portion of the
wages to be paid to persons for the work performed and other appropriate costs.
If the number of persons receiving aid under Article VI is insufficient
to justify the establishment of job search, training and work programs
on a local basis by a local governmental unit, or if for other good cause the
establishment of a local program is impractical or unwarranted, the local
governmental unit shall cooperate with other local governmental units, with
civic and non-profit community agencies, and with the Illinois Department in
developing a program or programs which will jointly serve the participating
governmental units and agencies.
A local governmental unit receiving State funds shall refer all
recipients able to engage in employment to such job search, training and work
programs as are established, whether within or without the governmental
unit, and as are accessible to persons receiving aid from the governmental
unit. The Illinois Department shall withhold allocation of state funds to
any governmental unit which fails or refuses to make such referrals.
Participants in job search, training and work programs shall be required
to maintain current registration for regular employment under Section 11-10
and to accept any bona fide offer of regular employment. They shall
likewise be required to accept education, work and training opportunities
available to them under other provisions of this Code or Federal law. The
Illinois Department or local governmental unit shall provide by rule for
periodic review of the circumstances of each participant to determine the
feasibility of his placement in regular employment or other work, education
and training opportunities.
Moneys made available for public aid purposes under Articles IV
and VI may be expended to pay public service employers all or a
portion of the wages of public service employees and other appropriate
costs, to provide necessary supervisory personnel and equipment, to
purchase Workers' Compensation Insurance or to pay Workers' Compensation
claims, and to provide transportation to and from work sites.
The Department shall provide through rules and regulations for sanctions
against applicants and recipients of aid under this Code who fail to cooperate
with the regulations and requirements established pursuant to this Section.
Such sanctions may include the loss of eligibility to receive aid under
Article VI of this Code for up to 3 months.
The Department, in cooperation with a local governmental unit, may maintain
a roster of persons who are required to participate in a local job search,
training and work program. In such cases, the roster shall be available
for inspection by employers for the selection of possible workers.
In addition to the programs authorized by this Section, the Illinois
Department is authorized to administer any job search, training or work
projects in conjunction with the Federal Food Stamp Program, either under
this Section or under other regulations required by the Federal government.
The Illinois Department may also administer pilot programs to provide job
search, training and work programs to unemployed parents of children
receiving child support enforcement services under Article X of this
Code.
(Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
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(305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
Sec. 9A-7. Good cause and pre-sanction process.
(a) The Department shall establish by rule what constitutes good cause
for failure to participate in education, training and employment programs,
failure to accept suitable employment or terminating employment or reducing
earnings.
The Department shall establish, by rule, a pre-sanction process to assist
in resolving disputes over proposed sanctions and in determining if good cause
exists.
Good cause shall include, but not be limited to:
(1) temporary illness for its duration;
(2) court required appearance or temporary |
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(3) (blank);
(4) death in the family;
(5) (blank);
(6) (blank);
(7) (blank);
(8) (blank);
(9) extreme inclement weather;
(10) (blank);
(11) lack of any support service even though the
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| necessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation;
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(12) if an individual is engaged in employment or
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| training or both that is consistent with the employment related goals of the program, if such employment and training is later approved by Department staff;
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(13) (blank);
(14) failure of Department staff to correctly forward
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| the information to other Department staff;
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(15) failure of the participant to cooperate because
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| of attendance at a test or a mandatory class or function at an educational program (including college), when an education or training program is officially approved by the Department;
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(16) failure of the participant due to his or her
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(17) failure of the participant because it is
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| determined that he or she should be in a different activity;
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(18) non-receipt by the participant of a notice
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| advising him or her of a participation requirement. If the non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;
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(19) (blank);
(20) non-comprehension of English, either written or
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(21) (blank);
(22) (blank);
(23) child care (or day care for an incapacitated
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| individual living in the same home as a dependent child) is necessary for the participation or employment and such care is not available for a child under age 13;
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(24) failure to participate in an activity due to a
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| scheduled job interview, medical appointment for the participant or a household member, or school appointment;
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(25) if an individual or family is experiencing
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| homelessness; an individual or family is experiencing homelessness if the individual or family: (i) lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason; (ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations; (iii) is living in an emergency or transitional shelter; (iv) resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (v) is living in a car, park, public space, abandoned building, substandard housing, bus, train station, or similar settings;
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(26) circumstances beyond the control of the
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| participant which prevent the participant from completing program requirements;
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(27) (blank);
(28) if an individual or family receives an eviction
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(29) if an individual's or family's utilities are
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(30) if an individual or family receives an utility
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(31) if an individual is exiting a publicly funded
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| institution or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution) without an option to move to a fixed, adequate night time residence.
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(b) (Blank).
(c)(1) The Department shall establish a reconciliation procedure to
assist in resolving disputes related to any aspect of participation,
including exemptions, good cause, sanctions or proposed sanctions,
supportive services, assessments, responsibility and service
plans,
assignment to activities, suitability of employment, or
refusals of offers
of employment.
Through the reconciliation process the Department shall have a mechanism to
identify good cause, ensure that the client is aware of the issue, and enable
the client to perform required activities without facing sanction.
(2) A participant may request reconciliation and
receive notice in
writing of a meeting. At least one face-to-face
meeting may be scheduled to
resolve misunderstandings or disagreements related to program participation
and situations which may lead to a potential sanction. The meeting will
address the underlying reason for the dispute and plan a resolution to
enable the individual to participate in TANF employment and work activity
requirements.
(2.5) If the individual fails to appear at the reconciliation meeting
without good cause, the reconciliation is unsuccessful and a sanction shall be
imposed.
(3) The reconciliation process shall continue after
it is determined that
the individual did not have good cause for non-cooperation. Any necessary
demonstration of cooperation on the part of the participant will be part of
the reconciliation process. Failure to demonstrate cooperation will result in immediate
sanction.
(4) For the first instance of non-cooperation, if the client reaches
agreement to cooperate, the client shall be allowed 30 days to demonstrate
cooperation before any sanction activity may be imposed. In any subsequent
instances of non-cooperation, the client shall be provided the opportunity to
show good cause or remedy the situation by immediately complying with the
requirement.
(5) The Department shall document in the case record the proceedings
of the reconciliation and provide the client in writing
with a reconciliation
agreement.
(6) If reconciliation resolves the dispute, no
sanction shall be imposed.
If the client fails to comply with the reconciliation agreement, the
Department shall then immediately impose the original sanction.
If the dispute cannot be resolved
during reconciliation, a sanction shall not be imposed
until the reconciliation process is complete.
(Source: P.A. 101-103, eff. 7-19-19.)
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(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
Sec. 9A-8. Operation of program.
(a) At the time of application or redetermination of eligibility under
Article IV, as determined by rule, the Illinois Department shall provide
information in writing and orally regarding the education, training and
employment program to all applicants and recipients. The information
required shall be established by rule and shall include, but need not be
limited to:
(1) education (including literacy training), |
| employment and training opportunities available, the criteria for approval of those opportunities, and the right to request changes in the personal responsibility and services plan to include those opportunities;
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(1.1) a complete list of all activities that are
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| approvable activities, and the circumstances under which they are approvable, including work activities, substance use disorder or mental health treatment, activities to escape and prevent domestic violence, caring for a medically impaired family member, and any other approvable activities, together with the right to and procedures for amending the responsibility and services plan to include these activities;
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(1.2) the rules concerning the lifetime limit on
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| eligibility, including the current status of the applicant or recipient in terms of the months of remaining eligibility, the criteria under which a month will not count towards the lifetime limit, and the criteria under which a recipient may receive benefits beyond the end of the lifetime limit;
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(2) supportive services including child care and the
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| rules regarding eligibility for and access to the child care assistance program, transportation, initial expenses of employment, job retention, books and fees, and any other supportive services;
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(3) the obligation of the Department to provide
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(4) the rights and responsibilities of participants,
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| including exemption, sanction, reconciliation, and good cause criteria and procedures, termination for non-cooperation and reinstatement rules and procedures, and appeal and grievance procedures; and
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(5) the types and locations of child care services.
(b) The Illinois
Department shall notify the recipient in writing of the opportunity to
volunteer to participate in the program.
(c) (Blank).
(d) As part of the personal plan for achieving employment and
self-sufficiency, the Department shall conduct an individualized assessment
of
the
participant's employability. No participant may be assigned to any
component of the education, training and employment activity
prior to such
assessment. The plan shall
include collection of
information
on the individual's background, proficiencies, skills deficiencies,
education level, work history, employment goals, interests, aptitudes, and
employment preferences, as well as factors affecting employability or
ability to meet participation requirements (e.g., health, physical or
mental limitations, child care, family circumstances, domestic violence, sexual violence,
substance use disorders, and special needs of any child of the individual). As part
of the plan,
individuals and Department staff shall work together to identify any
supportive service needs required to enable the client to participate and
meet the objectives of his or her employability plan. The
assessment may be conducted through various methods such as interviews,
testing, counseling, and self-assessment instruments. In the
assessment process, the Department shall offer to include standard
literacy testing
and a determination of
English language proficiency and shall provide it for those who accept the
offer.
Based on the assessment,
the
individual will be assigned to the appropriate activity. The
decision will be based on a determination of the individual's level of
preparation for employment as defined by rule.
(e) Recipients determined to be exempt may volunteer to participate
pursuant to Section 9A-4 and must be assessed.
(f) As part of the personal plan for achieving employment and
self-sufficiency under Section 4-1, an employability plan for recipients
shall be
developed in
consultation with the participant. The Department shall have final
responsibility for approving the employability plan. The employability
plan shall:
(1) contain an employment goal of the participant;
(2) describe the services to be provided by the
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| Department, including child care and other support services;
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(3) describe the activities, such as component
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| assignment, that will be undertaken by the participant to achieve the employment goal. The Department shall treat participation in high school and high school equivalency programs as a core activity and count participation in high school and high school equivalency programs toward the first 20 hours per week of participation. The Department shall approve participation in high school or high school equivalency programs upon written or oral request of the participant if he or she has not already earned a high school diploma or a State of Illinois High School Diploma. However, participation in high school or high school equivalency programs may be delayed as part of an applicant's or recipient's personal plan for achieving employment and self-sufficiency if it is determined that the benefit from participating in another activity, such as, but not limited to, treatment for a substance use disorder or an English proficiency program, would be greater to the applicant or recipient than participation in high school or a high school equivalency program. The availability of high school and high school equivalency programs may also delay enrollment in those programs. The Department shall treat such activities as a core activity as long as satisfactory progress is made, as determined by the high school or high school equivalency program. Proof of satisfactory progress shall be provided by the participant or the school at the end of each academic term; and
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(4) describe any other needs of the family that might
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| be met by the Department.
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(g) The employability plan shall take into account:
(1) available program resources;
(2) the participant's support service needs;
(3) the participant's skills level and aptitudes;
(4) local employment opportunities; and
(5) the preferences of the
participant.
(h) A reassessment shall be conducted to assess a participant's
progress and to review the employability plan on the following occasions:
(1) upon completion of an activity and before
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| assignment to an activity;
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(2) upon the request of the participant;
(3) if the individual is not cooperating with the
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| requirements of the program; and
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(4) if the individual has failed to make satisfactory
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| progress in an education or training program.
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Based on the reassessment, the Department may revise the employability
plan of the participant.
(Source: P.A. 102-1100, eff. 1-1-23 .)
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(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child care.
(a) The General Assembly recognizes that families with children need child
care in order to work. Child care is expensive and families with limited access to economic resources,
including those who are transitioning from welfare to work, often struggle to
pay the costs of day care. The
General Assembly understands the importance of helping working
families with limited access to economic resources become and remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs of child care.
It is also the preference of the General Assembly that all working
families with limited access to economic resources should be treated equally, regardless of their welfare status.
(b) To the extent resources permit, the Illinois Department shall provide
child care services to parents or other relatives as defined by rule who are
working or participating in employment or Department approved
education or training programs. At a minimum, the Illinois Department shall
cover the following categories of families:
(1) recipients of TANF under Article IV participating |
| in work and training activities as specified in the personal plan for employment and self-sufficiency;
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(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;
(5) working families with very low incomes as defined
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(6) families that are not recipients of TANF and that
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| need child care assistance to participate in education and training activities;
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(7) youth in care, as defined in Section 4d of the
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| Children and Family Services Act, who are parents, regardless of income or whether they are working or participating in Department-approved employment or education or training programs. Any family that receives child care assistance in accordance with this paragraph shall receive one additional 12-month child care eligibility period after the parenting youth in care's case with the Department of Children and Family Services is closed, regardless of income or whether the parenting youth in care is working or participating in Department-approved employment or education or training programs;
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(8) families receiving Extended Family Support
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| Program services from the Department of Children and Family Services, regardless of income or whether they are working or participating in Department-approved employment or education or training programs; and
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(9) families with children under the age of 5 who
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| have an open intact family services case with the Department of Children and Family Services. Any family that receives child care assistance in accordance with this paragraph shall remain eligible for child care assistance 6 months after the child's intact family services case is closed, regardless of whether the child's parents or other relatives as defined by rule are working or participating in Department approved employment or education or training programs. The Department of Human Services, in consultation with the Department of Children and Family Services, shall adopt rules to protect the privacy of families who are the subject of an open intact family services case when such families enroll in child care services. Additional rules shall be adopted to offer children who have an open intact family services case the opportunity to receive an Early Intervention screening and other services that their families may be eligible for as provided by the Department of Human Services.
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Beginning October 1, 2023, and every October 1 thereafter, the Department of Children and Family Services shall report to the General Assembly on the number of children who received child care via vouchers paid for by the Department of Children and Family Services during the preceding fiscal year. The report shall include the ages of children who received child care, the type of child care they received, and the number of months they received child care.
The Department shall specify by rule the conditions of eligibility, the
application process, and the types, amounts, and duration of services.
Eligibility for
child care benefits and the amount of child care provided may vary based on
family size, income,
and other factors as specified by rule.
The Department shall update the Child Care Assistance Program Eligibility Calculator posted on its website to include a question on whether a family is applying for child care assistance for the first time or is applying for a redetermination of eligibility.
A family's eligibility for child care services shall be redetermined no sooner than 12 months following the initial determination or most recent redetermination. During the 12-month periods, the family shall remain eligible for child care services regardless of (i) a change in family income, unless family income exceeds 85% of State median income, or (ii) a temporary change in the ongoing status of the parents or other relatives, as defined by rule, as working or attending a job training or educational program.
In determining income eligibility for child care benefits, the Department
annually, at the beginning of each fiscal year, shall
establish, by rule, one income threshold for each family size, in relation to
percentage of State median income for a family of that size, that makes
families with incomes below the specified threshold eligible for assistance
and families with incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the specified threshold must be no less than 50% of the
then-current State median income for each family size. Beginning in fiscal year 2008, the specified threshold must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in fiscal year 2019, the specified threshold for working families with very low incomes as defined by rule must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2022 through State fiscal year 2023, the specified
income threshold shall be no less than 200% of the
then-current federal poverty level for each family size. Beginning in State fiscal year 2024, the specified income threshold shall be no less than 225% of the then-current federal poverty level for each family size.
In determining eligibility for
assistance, the Department shall not give preference to any category of
recipients
or give preference to individuals based on their receipt of benefits under this
Code.
Nothing in this Section shall be
construed as conferring entitlement status to eligible families.
The Illinois
Department is authorized to lower income eligibility ceilings, raise parent
co-payments, create waiting lists, or take such other actions during a fiscal
year as are necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child care benefits.
These changes may be accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the limitation on the number
of emergency rules that may be adopted in a 24-month period shall not apply.
The Illinois Department may contract with other State agencies or child care
organizations for the administration of child care services.
(c) Payment shall be made for child care that otherwise meets the
requirements of this Section and applicable standards of State and local
law and regulation, including any requirements the Illinois Department
promulgates by rule in addition to the licensure
requirements
promulgated by the Department of Children and Family Services and Fire
Prevention and Safety requirements promulgated by the Office of the State
Fire Marshal, and is provided in any of the following:
(1) a child care center which is licensed or exempt
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| from licensure pursuant to Section 2.09 of the Child Care Act of 1969;
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(2) a licensed child care home or home exempt from
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(3) a licensed group child care home;
(4) other types of child care, including child care
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| provided by relatives or persons living in the same home as the child, as determined by the Illinois Department by rule.
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(c-5)
Solely for the purposes of coverage under the Illinois Public Labor Relations Act, child and day care home providers, including licensed and license exempt, participating in the Department's child care assistance program shall be considered to be public employees and the State of Illinois shall be considered to be their employer as of January 1, 2006 (the effective date of Public Act 94-320), but not before. The State shall engage in collective bargaining with an exclusive representative of child and day care home providers participating in the child care assistance program concerning their terms and conditions of employment that are within the State's control. Nothing in this subsection shall be understood to limit the right of families receiving services defined in this Section to select child and day care home providers or supervise them within the limits of this Section. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.
In according child and day care home providers and their selected representative rights under the Illinois Public Labor Relations Act, the State intends that the State action exemption to application of federal and State antitrust laws be fully available to the extent that their activities are authorized by Public Act 94-320.
(d) The Illinois Department shall establish, by rule, a co-payment scale that provides for cost sharing by families that receive
child care services, including parents whose only income is from
assistance under this Code. The co-payment shall be based on family income and family size and may be based on other factors as appropriate. Co-payments may be waived for families whose incomes are at or below the federal poverty level.
(d-5) The Illinois Department, in consultation with its Child Care and Development Advisory Council, shall develop a plan to revise the child care assistance program's co-payment scale. The plan shall be completed no later than February 1, 2008, and shall include:
(1) findings as to the percentage of income that the
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| average American family spends on child care and the relative amounts that low-income families and the average American family spend on other necessities of life;
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(2) recommendations for revising the child care
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| co-payment scale to assure that families receiving child care services from the Department are paying no more than they can reasonably afford;
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(3) recommendations for revising the child care
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| co-payment scale to provide at-risk children with complete access to Preschool for All and Head Start; and
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(4) recommendations for changes in child care program
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| policies that affect the affordability of child care.
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(e) (Blank).
(f) The Illinois Department shall, by rule, set rates to be paid for the
various types of child care. Child care may be provided through one of the
following methods:
(1) arranging the child care through eligible
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| providers by use of purchase of service contracts or vouchers;
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(2) arranging with other agencies and community
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| volunteer groups for non-reimbursed child care;
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(3) (blank); or
(4) adopting such other arrangements as the
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| Department determines appropriate.
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(f-1) Within 30 days after June 4, 2018 (the effective date of Public Act 100-587), the Department of Human Services shall establish rates for child care providers that are no less than the rates in effect on January 1, 2018 increased by 4.26%.
(f-5) (Blank).
(g) Families eligible for assistance under this Section shall be given the
following options:
(1) receiving a child care certificate issued by the
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| Department or a subcontractor of the Department that may be used by the parents as payment for child care and development services only; or
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(2) if space is available, enrolling the child with a
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| child care provider that has a purchase of service contract with the Department or a subcontractor of the Department for the provision of child care and development services. The Department may identify particular priority populations for whom they may request special consideration by a provider with purchase of service contracts, provided that the providers shall be permitted to maintain a balance of clients in terms of household incomes and families and children with special needs, as defined by rule.
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(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
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(305 ILCS 5/9A-13)
Sec. 9A-13.
Work activity; anti-displacement provisions.
(a) As used in this Section "work activity" means any workfare, earnfare,
pay-after-performance, work-off-the-grant, work experience, or other activity
under Section 9A-9 or any other Section of this
Code in which a
recipient of public assistance performs work for any employer as a condition of
receiving the public assistance, and the employer does not pay wages for the
work; or as any grant diversion, wage supplementation, or similar program in
which the public assistance grant is provided to the employer as a subsidy for
the wages of any recipient in its workforce.
(b) An employer may not utilize a work activity participant if such
utilization would result in:
(1) the displacement or partial displacement of |
| current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or
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(2) the filling of a position that would otherwise be
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| a promotional opportunity for current employees; or
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(3) the filling of a position created by or causing
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| termination, layoff, a hiring freeze, or a reduction in the workforce; or
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(4) the placement of a participant in any established
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(5) the performance of work by a participant if there
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| is a strike, lockout, or other labor dispute in which the employer is engaged.
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(c) An employer who wishes to utilize work activity participants shall,
at least 15 days prior to utilizing such participants, notify the
labor organization of the name, work location, and the duties to be performed
by the participant.
(d) The Department of Human Services shall establish a grievance procedure
for employees and labor organizations to utilize in the event of any alleged
violation of this Section. Notwithstanding the above, a labor organization
may utilize the established grievance or arbitration procedure in its
collective bargaining agreement to contest violations of this Section.
(Source: P.A. 92-111, eff. 1-1-02.)
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(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
Department shall establish within its administrative staff a Child and
Spouse Support Unit to search for and locate absent parents and spouses
liable for the support of persons resident in this State and to exercise
the support enforcement powers and responsibilities assigned the
Department by this Article. The unit shall cooperate with all law
enforcement officials in this State and with the authorities of other
States in locating persons responsible for the support of persons
resident in other States and shall invite the cooperation of these
authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse Support Unit
by this Article, the Unit may refer to the Attorney General or units of
local government with the approval of the Attorney General, any actions
under Sections 10-10 and 10-15 for judicial enforcement of the support
liability. The Child and Spouse Support Unit shall act for the Department
in referring to the Attorney General support matters requiring judicial
enforcement under other laws. If requested by the Attorney General to so
act, as provided in Section 12-16, attorneys of the Unit may assist the
Attorney General or themselves
institute actions on behalf of the Illinois Department
under the Revised Uniform Reciprocal Enforcement of Support
Act; under the Illinois Parentage Act of
1984 or under the Illinois Parentage Act of 2015; under
the Non-Support of Spouse and Children Act; under the Non-Support Punishment
Act;
or under any other law, State or
Federal, providing for support
of a spouse or dependent child.
The Illinois Department shall also have the authority to enter into
agreements with local governmental units or individuals, with the approval
of the Attorney General, for the collection of moneys owing
because of the failure of a
parent to make child support payments for any child receiving services
under this Article. Such agreements may be on a contingent
fee basis, but such contingent fee shall not exceed 25% of the total amount
collected.
An attorney who provides representation pursuant to this Section shall
represent the
Illinois Department exclusively. Regardless of
the designation of the plaintiff in an action brought pursuant to this Section,
an attorney-client relationship does not exist for purposes of that
action between that attorney
and (i) an applicant for or recipient of child support
enforcement services or
(ii) any other party to the action other than the Illinois Department. Nothing
in this Section shall be construed to modify any power or duty (including a
duty to maintain confidentiality) of the Child and Spouse Support Unit or the
Illinois Department otherwise provided by law.
The Illinois Department may also enter into agreements with local
governmental units for the Child and Spouse Support Unit to exercise the
investigative and enforcement powers designated in this Article,
including the issuance of administrative orders under Section 10-11, in
locating responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI.
Payments for
defrayment of administrative costs and support payments obtained shall
be deposited into the DHS Recoveries Trust Fund. Support
payments shall be paid over to the General Assistance Fund of the local
governmental unit at such time or times as the agreement may specify.
With respect to those cases in which it has support enforcement powers
and responsibilities under this Article, the Illinois Department may provide
by rule for periodic or other review of each administrative and court order
for support to determine whether a modification of the order should be
sought. The Illinois Department shall provide for and conduct such review
in accordance with any applicable federal law and regulation.
As part of its process for review of orders for support, the Illinois
Department, through written notice, may require the responsible relative to
disclose his or her Social Security Number and past and present information
concerning the relative's address, employment, gross wages, deductions from
gross wages, net wages, bonuses, commissions, number of dependent exemptions
claimed, individual and dependent health insurance coverage, and any other
information necessary to determine the relative's ability to provide support in
a case receiving child support enforcement services under
this Article X.
The Illinois Department may send a written request
for the same information to the relative's employer. The employer shall
respond to the request for information within 15 days after the date the
employer receives the request. If the employer willfully fails to fully
respond within the 15-day period, the employer shall pay a penalty of $100 for
each day that the response is not provided to the Illinois Department after the
15-day period has expired. The penalty may be collected in a civil action
which may be brought against the employer in favor of the Illinois Department.
A written request for information sent to an employer pursuant to this
Section shall consist of (i) a citation of this Section as the statutory
authority for the request and for the employer's obligation to provide the
requested information, (ii) a returnable form setting forth the employer's name
and address and listing the name of the employee with respect to whom
information is requested, and (iii) a citation of this Section as the statutory
authority authorizing the employer to withhold a fee of up to $20 from the
wages or income to be paid to each responsible relative for providing the
information to the Illinois Department within the 15-day period. If the
employer is
withholding support payments from the responsible relative's income pursuant to
an order for withholding, the employer may withhold the fee provided for in
this Section only after withholding support as required under the order. Any
amounts withheld from the responsible relative's income for payment of support
and the fee provided for in this Section shall not be in excess of the amounts
permitted under the federal Consumer Credit Protection Act.
In a case receiving child support enforcement services,
the Illinois
Department may request and obtain information from a particular employer under
this Section no more than once in any 12-month period, unless the information
is necessary to conduct a review of a court or
administrative order for support at the request of the person receiving child support enforcement services.
The Illinois Department shall establish and maintain an administrative unit
to receive and transmit to the Child and Spouse Support Unit information
supplied by persons applying for or receiving child support
enforcement services
under Section 10-1. In addition, the Illinois Department shall address and
respond to any alleged deficiencies that persons receiving or applying for
services from the Child and Spouse Support Unit may identify concerning the
Child and Spouse Support Unit's provision of child support
enforcement services.
Within 60 days after an action or failure to act by the Child and Spouse
Support Unit that affects his or her case, a recipient of or applicant for
child support enforcement services under Article X of this
Code may request an
explanation of the Unit's handling of the case. At the requestor's option, the
explanation may be provided either orally in an interview, in writing, or both.
If the Illinois Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant or recipient
within 30 days from the date of the request for an explanation, the
applicant or recipient may request a conference for further review of the
matter by the Office of the Administrator of the Child and Spouse Support Unit.
A request for a conference may be submitted at any time within 60 days after
the explanation has been provided by the Child and Spouse Support Unit or
within 60 days after the time for providing the explanation has expired.
The applicant or recipient may request a conference concerning any decision
denying or terminating child support enforcement services
under Article X of this Code, and the applicant or recipient may also request a
conference concerning the
Unit's failure to provide services or the provision of services in an amount or
manner that is considered inadequate. For purposes of this Section, the Child
and Spouse Support Unit includes all local governmental units or individuals
with whom the Illinois Department has contracted
under Section
10-3.1.
Upon receipt of a timely request for a conference, the Office of the
Administrator shall review the case. The applicant or recipient requesting
the conference shall be entitled, at his or her option, to appear in person or
to participate in the conference by telephone. The applicant or recipient
requesting the conference shall be entitled to be represented and to be
afforded a reasonable opportunity to review the Illinois Department's file
before or at the conference. At the conference, the applicant or recipient
requesting the conference shall be afforded an opportunity to present all
relevant matters in support of his or her claim. Conferences shall be without
cost to the applicant or recipient requesting the conference and shall be
conducted by a representative of the Child or Spouse Support Unit who did not
participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a conference and inform all
interested parties, in
writing, of the results of the conference within 60 days from the date of
filing of the request for a conference.
In addition to its other powers and responsibilities established by this
Article, the Child and Spouse Support Unit shall conduct an annual assessment
of each institution's program for institution based paternity establishment
under Section 12 of the Vital Records Act.
(Source: P.A. 99-85, eff. 1-1-16 .)
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(305 ILCS 5/10-3.3)
Sec. 10-3.3. Locating support obligor and others; penalties.
(a) Upon request by the Child and Spouse Support Unit, employers, labor
unions, cellular telephone companies, and telephone companies shall
provide
location information concerning putative fathers and noncustodial parents for
the purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support obligation. In this Section, "location information"
means information about (i) the physical whereabouts, including, but not limited to, the home address, home telephone number, cellular telephone number, and e-mail address of a putative father or
noncustodial parent, (ii) the putative father or noncustodial parent's
employer, or
(iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
noncustodial parent
or by a labor union of which the putative father or noncustodial parent is a
member. As used in this Section, "cellular telephone company" includes a cellular telephone or wireless carrier or provider, but does not include a pre-paid wireless carrier or provider. As used in this Section, "physical whereabouts" does not include real time or historical location tracking information.
An employer, labor union, cellular telephone company, or telephone company shall respond to
the request of the Child and Spouse Support Unit within 15 days after
receiving the request. Any
employer, labor union, cellular telephone company, or telephone company that
willfully fails to fully respond within the 15-day period shall be subject to a
penalty of $100 for each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty may be collected
in a civil action, which may be brought against the employer, labor
union, cellular telephone company, or telephone company in
favor of the Illinois Department.
(b) Upon being served with an administrative subpoena as authorized under
this
Code, a utility
company or cable television company must provide location information to the
Child and Spouse
Support Unit for the purpose of establishing a child's paternity or
establishing, enforcing, or
modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or local law to the
contrary, an
employer, labor union, cellular telephone company, telephone company, utility company, or cable television
company shall
not be liable to any person for disclosure of location information under the
requirements of this
Section, except for willful and wanton misconduct.
(Source: P.A. 100-487, eff. 6-1-18 .)
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(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to persons who are
not applicants or recipients. Except where the Illinois Department, by
agreement, acts for the local governmental unit, as provided in Section
10-3.1, local governmental units shall refer to the State's Attorney or
to the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of non-support or
insufficient support when the dependents are applicants or recipients
under Article VI. The Child and Spouse Support Unit
established by Section 10-3.1 may institute in behalf of the Illinois
Department any actions under this Section for judicial enforcement of
the support liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII; (b) applicants or recipients
in a local governmental unit when the Illinois Department, by agreement,
acts for the unit; or (c) non-applicants or non-recipients who are
receiving child support enforcement services under this Article X, as
provided
in Section 10-1. Where the Child and Spouse Support Unit has exercised
its option and discretion not to apply the provisions of Sections 10-3 through
10-8, the failure by the Unit to apply such provisions shall not be a bar
to bringing an action under this Section.
Action shall be brought in the circuit court to obtain support, or
for the recovery of aid granted during the period such support was not
provided, or both for the obtainment of support and the recovery of the
aid provided. Actions for the recovery of aid may be taken separately
or they may be consolidated with actions to obtain support. Such
actions may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois Department or the
local governmental unit, as the case requires, in behalf of such persons.
The court may enter such orders for the payment of moneys for the
support of the person as may be just and equitable and may direct
payment thereof for such period or periods of time as the circumstances
require, including support for a period before the date the order for support
is entered. The order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate ability of
each to contribute to the person's support.
The Court shall determine the amount of child support (including child
support for a period before the date the order for child support is entered)
by
using the
guidelines and standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
For purposes of determining the amount of child support to be paid for a
period before the date the order for child support is entered, there is a
rebuttable
presumption that the responsible relative's net income for that period was the
same as his or her net income at the time the order is entered.
If (i) the responsible relative was properly served with a request for
discovery of
financial information relating to the responsible relative's ability to provide
child support, (ii)
the responsible relative failed to comply with the request, despite having been
ordered to
do so by the court, and (iii) the responsible relative is not present at the
hearing to
determine support despite having received proper notice, then any relevant
financial
information concerning the responsible relative's ability to provide child
support
that was
obtained pursuant to subpoena and proper notice shall be admitted into evidence
without
the need to establish any further foundation for its admission.
An order entered under this Section shall include a provision requiring
the obligor to report to the obligee and to the clerk of court within 10 days
each time the obligor obtains new employment, and each time the obligor's
employment is terminated for any reason.
The report shall be in writing and shall, in the case of new employment,
include the name and address of the new employer.
Failure to report new employment or
the termination of current employment, if coupled with nonpayment of support
for a period in excess of 60 days, is indirect criminal contempt. For
any obligor arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the period of
unreported employment. An order entered under this Section shall also include
a provision requiring the obligor and obligee parents to advise each other of a
change in residence within 5 days of the change
except when the court finds that the physical, mental, or emotional health
of a party or that of a minor child, or both, would be seriously endangered by
disclosure of the party's address.
The Court shall determine the amount of maintenance using the standards
set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage
Act.
Any new or existing support order entered by the court under this
Section shall be deemed to be a series of judgments against the person
obligated to pay support thereunder, each such judgment to be in the amount
of each payment or installment of support and each such judgment to be
deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment shall
have the full force, effect and attributes of any other judgment of this
State, including the ability to be enforced. Any such judgment is subject
to modification or termination only in accordance with Section 510 of the
Illinois Marriage and Dissolution of Marriage Act.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
When an order is entered for the support of a minor, the court may
provide therein for reasonable visitation of the minor by the person or
persons who provided support pursuant to the order. Whoever willfully
refuses to comply with such visitation order or willfully interferes
with its enforcement may be declared in contempt of court and punished
therefor.
Except where the local governmental unit has entered into an
agreement with the Illinois Department for the Child and Spouse Support
Unit to act for it, as provided in Section 10-3.1, support orders
entered by the court in cases involving applicants or recipients under
Article VI shall provide that payments thereunder be made
directly to the local governmental unit. Orders for the support of all
other applicants or recipients shall provide that payments thereunder be
made directly to the Illinois Department.
In accordance with federal law and regulations, the Illinois Department may
continue to collect current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance and until
termination of services under Article X. The Illinois Department shall pay the
net amount collected to those persons after deducting any costs incurred in
making
the collection or any collection fee from the amount of any recovery made. In both cases the order shall permit the local
governmental unit or the Illinois Department, as the case may be, to direct
the responsible relative or relatives to make support payments directly to
the needy person, or to some person or agency in his behalf, upon removal
of the person from the public aid rolls or upon termination of services under
Article X.
If the notice of support due issued pursuant to Section 10-7 directs
that support payments be made directly to the needy person, or to some
person or agency in his behalf, and the recipient is removed from the
public aid rolls, court action may be taken against the responsible
relative hereunder if he fails to furnish support in accordance with the
terms of such notice.
Actions may also be brought under this Section in behalf of any
person who is in need of support from responsible relatives, as defined
in Section 2-11 of Article II who is not an applicant for or recipient
of financial aid under this Code. In such instances, the State's
Attorney of the county in which such person resides shall bring action
against the responsible relatives hereunder. If the Illinois
Department, as authorized by Section 10-1, extends the child support
enforcement
services
provided by this Article to spouses and dependent children who are not
applicants or recipients under this Code, the Child and Spouse Support
Unit established by Section 10-3.1 shall bring action against the
responsible relatives hereunder and any support orders entered by the
court in such cases shall provide that payments thereunder be made
directly to the Illinois Department.
Whenever it is determined in a proceeding to establish or enforce a child
support or maintenance obligation that the person owing a duty of support
is unemployed, the court may order the person to seek employment and report
periodically to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally, the court may
order the unemployed person to report to the Department of Employment
Security for job search services or to make application with the local Job
Training Partnership Act provider for participation in job search,
training or work programs and where the duty of support is owed to a child
receiving child support enforcement services under this Article X, the
court may
order the
unemployed person to report to the Illinois Department for participation
in job search, training or work programs established under Section 9-6 and
Article IXA of this Code.
Whenever it is determined that a person owes past-due support for a child
receiving assistance under this Code, the court shall order at the request of
the Illinois Department:
(1) that the person pay the past-due support in |
| accordance with a plan approved by the court; or
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(2) if the person owing past-due support is
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| unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of this Code as the court deems appropriate.
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A determination under this Section shall not be administratively
reviewable by the procedures specified in Sections 10-12, and 10-13 to
10-13.10. Any determination under these Sections, if made the basis of
court action under this Section, shall not affect the de novo judicial
determination required under this Section.
If a person who is found guilty of contempt for failure to comply with an order to pay support is a person who conducts a business or who is self-employed, the court in addition to other penalties provided by law may order that the person do one or more of the following: (i) provide to the court monthly financial statements showing income and expenses from the business or the self-employment; (ii) seek employment and report periodically to the court with a diary, listing, or other memorandum of his or her employment search efforts; or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to withholding of child support.
A one-time charge of 20% is imposable upon the amount of past-due child
support owed on July 1, 1988 which has accrued under a support order
entered by the court. The charge shall be imposed in accordance with the
provisions of Section 10-21 of this Code and shall be enforced by the court
upon petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to notify the court and,
in cases in which a party is receiving child support
enforcement services under
this Article X, the Illinois Department, within 7 days, (i) of the name,
address, and telephone number of any new employer of the non-custodial parent,
(ii) whether the non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the policy name and
number and the names of persons covered under
the policy, and (iii) of any new residential or mailing address or telephone
number of the non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Code, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the current support
obligation terminates. The termination date shall be no earlier than the
date on which the child covered by the order will attain the age of
18. However, if the child will not graduate from high school until after
attaining the age
of 18, then the termination date shall be no earlier than the earlier of the
date on which
the child's high school graduation will occur or the date on which the child
will attain the
age of 19. The order for support shall state
that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this paragraph
shall be construed to prevent the court from modifying the order or terminating
the order in the event the child is otherwise emancipated.
If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
Payments under this Section to the Illinois Department pursuant to the
Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund.
All payments under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Recoveries
Trust Fund. Disbursements from these funds shall be as provided in Sections
12-9.1 and 12-10.2 of this Code. Payments received by a local
governmental unit shall be deposited in that unit's General Assistance Fund.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)
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(305 ILCS 5/10-10.4)
Sec. 10-10.4. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those terms as
defined in the Income Withholding for Support Act, except that "order for
support" shall not mean orders providing for spousal maintenance under which
there is no child support obligation.
(b) Notwithstanding any other provision of this Code to the contrary, each
court or administrative order for support entered or modified on or after
October 1, 1999 shall require that support payments be made to the State
Disbursement Unit established under Section 10-26 if:
(1) a party to the order is receiving child support |
| enforcement services under this Article X; or
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(2) no party to the order is receiving child support
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| enforcement services, but the support payments are made through income withholding.
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(c) Support payments shall be made
to the State Disbursement Unit if:
(1) the order for support was entered before October
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| 1, 1999, and a party to the order is receiving child support enforcement services under this Article X; or
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(2) no party to the order is receiving child support
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| enforcement services, and the support payments are being made through income withholding.
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(c-5) If no party to the order is receiving child support
enforcement services under this Article X, and the support payments are not
being made
through income withholding, then support payments shall be made as directed in
the order for support.
(c-10) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State
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(A) a party to the order for support is receiving
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| child support enforcement services under this Article X; or
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(B) no party to the order for support is
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| receiving child support enforcement services under this Article X, but the support payments are made through income withholding; or
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(2) to make support payments to the State
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| Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency, in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated under that Part D.
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(c-15) Within 15 days after the effective date of this amendatory Act of the
91st General Assembly, the clerk of the circuit court shall provide written
notice to the obligor to make payments
directly to the clerk of the circuit court if no party to the order is
receiving child
support enforcement services under this Article X, the support payments are
not made
through income withholding, and the order for support requires support payments
to
be made
directly to the clerk of the
circuit court.
(c-20) If the State Disbursement Unit receives a support payment that was
not
appropriately made to the Unit under this Section, the Unit shall immediately
return the
payment to the sender, including, if possible, instructions detailing where to
send the support payments.
(d) The notices under subsections (c-10) and
(c-15) may be sent by ordinary
mail, certified mail, return receipt requested, facsimile transmission, or
other electronic process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. A copy of the notice shall be
provided to the obligee and, when the order for support
was entered by the court, to the clerk of the court.
(Source: P.A. 95-331, eff. 8-21-07.)
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(305 ILCS 5/10-10.5)
Sec. 10-10.5.
Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business day" are defined as
set forth in the
Income Withholding for Support Act.
"State Case Registry" means the State Case Registry established under Section
10-27 of this Code.
(b) Each order for support entered or modified by the circuit court under
Section 10-10 shall require that the obligor and obligee (i) file with the
clerk of the circuit court the information required by this Section (and any
other information required under Title IV, Part D of the Social Security Act or
by
the federal Department of Health and Human Services) at the time of entry or
modification
of the order for support and (ii) file updated
information with the clerk within 5 business days of any change.
Failure of the obligor or obligee to file or update the required information
shall be
punishable as in cases of contempt. The failure shall not prevent the court
from entering
or modifying the order for support, however.
(c) The obligor shall file the following information: the
obligor's name, date of birth, social security number, and mailing address.
If
either the obligor or the obligee receives child support enforcement services
from the Illinois Department under Article X of this Code, the obligor shall
also file the following information: the obligor's telephone
number, driver's license number, and residential address (if different from the
obligor's mailing address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or |
| children covered by the order for support.
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(2) The dates of birth of the obligee and the child
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| or children covered by the order for support.
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(3) The social security numbers of the obligee and
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| the child or children covered by the order for support.
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(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support enforcement
services from the Illinois Department under Article X of this Code, the order
for support shall (i) require that the obligee file the information required
under subsection (d) with the Illinois Department for inclusion in the State
Case Registry, rather than file the information with the clerk, and (ii)
require that the obligee include the following additional information:
(1) The obligee's telephone and driver's license
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(2) The obligee's residential address, if different
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| from the obligee's mailing address.
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(3) The name, address, and telephone number of the
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| obligee's employer or employers.
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The order for support shall also require that the obligee update
the information filed with the Illinois Department within 5 business days of
any change.
(f) The clerk shall provide the information filed under this Section,
together with the court docket number and county in which the order for support
was entered, to the State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child support enforcement
services under Article X of this Code, the clerk shall provide the following
additional
information to the State Case Registry within 5 business days after entry or
modification of an order for support or request from the Illinois Department:
(1) The amount of monthly or other periodic support
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| owed under the order for support and other amounts, including arrearage, interest, or late payment penalties and fees, due or overdue under the order.
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(2) Any such amounts that have been received by the
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| clerk, and the distribution of those amounts by the clerk.
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(h) Information filed by the obligor and obligee under this Section that is
not specifically required to be included in the body of an order for support
under other laws is not a public record and shall be treated as
confidential and subject to
disclosure only in accordance with the provisions of this Section, Section
10-27 of this Code, and Title IV, Part D of the Social Security Act.
(Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01; 92-463, eff.
8-22-01; 92-651, eff. 7-11-02.)
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(305 ILCS 5/10-11.2)
Sec. 10-11.2.
Administrative support order information for State Case
Registry.
(a) In this Section, "business day" is defined as set forth in the Income
Withholding for Support Act.
(b) Each administrative support order entered or modified under Section
10-8.1 or Section 10-11 shall require the following:
(1) That the non-custodial parent file with the |
| Illinois Department the information required by subsection (c) of this Section (and any other information required under Title IV, Part D of the Social Security Act or by the federal Department of Health and Human Services) within 5 business days after entry or modification of the administrative support order, and that the parent file updated information with the Illinois Department within 5 business days of any change.
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(2) That the custodial parent file with the Illinois
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| Department the information required by subsection (d) of this Section (and any other information required under Title IV, Part D of the Social Security Act or by the federal Department of Health and Human Services) within 5 business days after entry or modification of the administrative support order (unless the custodial parent already filed the information during the child support case intake process), and that the parent file updated information with the Illinois Department within 5 business days of any change.
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(c) The non-custodial parent shall file the following information:
(1) The name and date of birth of the non-custodial
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(2) The non-custodial parent's social security
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| number, driver's license number, and telephone number.
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(3) The mailing address (and the residential address,
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| if different from the mailing address) of the non-custodial parent.
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(4) The name, address, and telephone number of the
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| non-custodial parent's employer or employers.
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(d) The custodial parent shall file the following information:
(1) The names and dates of birth of the custodial
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| parent and the child or children covered by the administrative support order.
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(2) The social security numbers of the custodial
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| parent and the child or children covered by the administrative support order.
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(3) The custodial parent's driver's license number
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(4) The custodial parent's mailing address (and
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| residential address, if different from the mailing address).
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(5) The name, address, and telephone number of the
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| custodial parent's employer or employers.
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(e) The information filed with the Illinois Department under this Section
shall be included in the State Case Registry established under Section 10-27 of
this Code.
(f) Information filed by the non-custodial parent and custodial parent under
this Section that is not specifically required to be included in the body of an
administrative
support order under other laws or under rules of the Illinois Department shall
be treated as confidential and subject to disclosure only in accordance with
the provisions of this Section, Section 10-27 of this Code, and Title IV, Part
D of
the Social Security Act.
(Source: P.A. 91-212, eff. 7-20-99; 92-463, eff. 8-22-01.)
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