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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
|[ Senate Amendment 003 ]|
92_HB5140ham002 LRB9212138DJmbam01 1 AMENDMENT TO HOUSE BILL 5140 2 AMENDMENT NO. . Amend House Bill 5140 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. This Act may be cited as the Unified Child 5 Support Services Act. 6 Section 5. Definitions. In this Act: 7 "Child support services" mean any services provided with 8 respect to parentage establishment, support establishment, 9 medical support establishment, support modification, or 10 support enforcement. 11 "Child support specialist " means a paralegal, attorney, 12 or other staff member with specialized training in child 13 support services. 14 "Current child support case" means a case that is pending 15 in the IV-D Child Support Program for which any action is 16 being taken by a Unified Child Support Services Program. 17 "Department" means the Illinois Department of Public Aid. 18 "IV-D Child Support Program" means the child support 19 enforcement program established pursuant to Title IV, Part D 20 of the federal Social Security Act and Article X of the 21 Illinois Public Aid Code. 22 "KIDS" means the Key Information Delivery System that -2- LRB9212138DJmbam01 1 includes a statewide database of all cases in the IV-D Child 2 Support Program. 3 "Medicaid" means the medical assistance program under 4 Article V of the Illinois Public Aid Code. 5 "Obligor" and "obligee" mean those terms as defined in 6 the Income Withholding for Support Act. 7 "Plan" means a plan for a Unified Child Support Services 8 Program. 9 "Program" means the Unified Child Support Services 10 Program in a county or group of counties. 11 "State Disbursement Unit" means the State Disbursement 12 Unit established under Section 10-26 of the Illinois Public 13 Aid Code. 14 "State's Attorney" means the duly elected State's 15 Attorney of an Illinois county or 2 or more State's Attorneys 16 who have formed a consortium for purposes of managing a 17 Unified Child Support Services Program within a specific 18 region of the State. 19 "Temporary Assistance for Needy Families" means the 20 Temporary Assistance for Needy Families (TANF) program under 21 Article IV of the Illinois Public Aid Code. 22 Section 10. Plan for Unified Child Support Services. 23 (a) On July 1, 2004, the Department shall delegate to 24 the State's Attorney in each Illinois county with a 25 population of 900,000 or more the responsibility for managing 26 a Unified Child Support Services Program pursuant to an 27 approved Plan for Unified Child Support Services and an 28 intergovernmental agreement entered into between that 29 county's State's Attorney and the Department. 30 (b) By July 1, 2003, and by July 1 of each subsequent 31 year, each State's Attorney of a county with a population of 32 900,000 or more shall submit to the Department a Plan that 33 includes all of the components set forth in Section 15 of -3- LRB9212138DJmbam01 1 this Act and that includes a projected budget of the 2 necessary and reasonable costs for operation of the Plan. 3 Upon approval by the State's Attorney and the Department, 4 however, the Plan may provide for phasing in the Program with 5 different implementation dates. 6 (c) The Department shall approve or reject each Plan, 7 subject to the approval of the Illinois Attorney General, by 8 December 1 of the year in which it is submitted. If the 9 Department rejects a Plan, then (i) the Department must set 10 forth specific reasons that the Plan fails to satisfy the 11 specific goals and requirements of this Act or other State or 12 federal requirements and (ii) the Department and the State's 13 Attorney must set forth specific reasons that a budget for 14 the necessary and reasonable costs for operation of the Plan 15 could not be agreed upon. The Department and the State's 16 Attorney shall enter into an intergovernmental agreement 17 incorporating the approved Plan. 18 (d) By July 1, 2006 or any July 1 thereafter, a State's 19 Attorney in any county with a population less than 900,000 20 may elect to submit a Plan to the Department to manage a 21 Program, and all of the provisions of this Act shall apply to 22 an approved Plan. The Department may approve a maximum of 3 23 such Plans per year. 24 (e) Any State's Attorney who submits a Plan pursuant to 25 this Act shall commit to manage the Program for a period of 26 no less than 3 years. 27 Section 15. Components of a Unified Child Support 28 Services Program. 29 (a) Any intergovernmental agreement incorporating an 30 approved Plan under this Act must provide that the State's 31 Attorney shall create and manage a Program offering child 32 support services in all IV-D cases pending in the county as 33 of the approval date of the Plan and all new cases in the -4- LRB9212138DJmbam01 1 Department's IV-D Child Support Program, based upon the 2 jurisdiction of the case and in accordance with all relevant 3 laws or Department policies. 4 (b) The child support services offered by each Program 5 and incorporated in the State's Attorney's Plan must comply 6 with the Department's approved Title IV, Part D State Plan 7 and, except as provided in Section 35, must include, but need 8 not be limited to, the following: 9 (1) Accepting applications for child support 10 services from private parties or referrals from any State 11 agency that submits information to KIDS, and providing 12 for the conducting of initial interviews with applicants 13 by telephone or other electronic means. 14 (2) Maintaining flexible office hours, including 15 evening or weekend hours for in-person or telephone 16 appointments, or any other appropriate means in order to 17 meet customer service demands. 18 (3) Providing for a staffing plan that includes 19 assigning cases to a child support specialist who is 20 responsible for coordinating child support services for 21 the case, receiving new and updated information about the 22 case and forwarding that information to all relevant 23 persons and agencies, responding to parents' inquiries 24 and requests in a timely manner, and making appropriate 25 referrals as specified in paragraph (12) of this 26 subsection. 27 (4) Assessing each case for child support services 28 by determining the status of the case and the necessary 29 steps appropriate for the case, including establishing 30 and following standards for determining whether to use 31 judicial or administrative processes for child support 32 services, and establishing and following standards for 33 seeking cooperation from the parties before invoking 34 other enforcement mechanisms. -5- LRB9212138DJmbam01 1 (5) Taking all necessary steps identified in 2 paragraph (4) of this subsection as appropriate for the 3 case, whether by use of judicial or administrative 4 processes, and making appropriate referrals to the 5 Department to follow agency processes for which it is 6 responsible under Section 35 of this Act. 7 (6) Offering genetic testing to determine parentage 8 at the site of the unified child support services 9 operations or near the county courthouse or 10 administrative hearing office where proceedings to 11 establish parentage are conducted. 12 (7) Identifying cases that have moved into 13 non-compliance with obligations set forth in an order 14 involving a child support case and taking steps necessary 15 to bring the case into compliance, including 16 investigating sources of income and the location and type 17 of assets of child support obligors who are in arrears in 18 the payment of support. 19 (8) Providing for periodic or other review of 20 administrative and court orders for support consistent 21 with federal guidelines to determine whether a 22 modification of the order should be sought. 23 (9) Taking responsibility for using KIDS, for 24 entering data with respect to a current child support 25 case into KIDS and editing that data, and for having 26 conflicting or incorrect data reconciled with respect to 27 a current child support case, whether by staff of a 28 State's Attorney, the Department staff, the State 29 Disbursement Unit staff, or staff of a Clerk of the 30 Circuit Court. 31 (10) Reporting cooperation or the circumstances for 32 lack of cooperation with child support services by 33 recipients of public aid under Temporary Assistance for 34 Needy Families or Medicaid. -6- LRB9212138DJmbam01 1 (11) Conducting account reviews and 2 redeterminations with respect to a current child support 3 case in accordance with Department policies and federal 4 guidelines. 5 (12) Establishing referral procedures and making 6 appropriate referrals for programs such as voluntary 7 mediation on custody and visitation, domestic violence, 8 employment and training, child care, and governmental 9 benefits such as Temporary Assistance for Needy Families 10 and Medicaid. 11 (13) Establishing and maintaining an administrative 12 process for parentage establishment, support 13 establishment, and support modification that affords due 14 process of law to alleged fathers and custodial and 15 non-custodial parents; and furnishing copies of all such 16 administrative orders to the clerk of the circuit court 17 and the Department. 18 (14) Providing all information on the Program's 19 operation needed by the Department to satisfy the 20 Department's reporting requirements to the State and 21 federal governments on a timely basis. 22 (15) Responding to requests for Administrative 23 Accountability Analyses under Article X of the Illinois 24 Public Aid Code, for State's Attorney cases as of the 25 effective date of this Act, and reporting final 26 determinations to the Department. 27 (16) Marketing the Program within the county in 28 which it is operating so that potential applicants learn 29 about child support services offered. 30 (17) Appointing a local, unpaid child support 31 advisory board, with the State's Attorney operating the 32 Program as the chair, that meets at least quarterly. 33 (18) Establishing procedures for referral to the 34 Illinois Attorney General of designated child support -7- LRB9212138DJmbam01 1 cases brought by non-custodial parents. 2 (19) Conducting all operations in accordance with 3 any applicable State or federal laws and regulations and 4 the Plan. 5 Section 20. Subcontracts. A Plan submitted by a State's 6 Attorney for approval to manage a Program must include those 7 subcontracts and intergovernmental agreements necessary for 8 the provision of any components of child support services 9 under the Plan. The Plan must also include a copy of each 10 signed subcontract or intergovernmental agreement or other 11 evidence of the proposed subcontractor or other local 12 governmental entity's intent to perform the services covered 13 by the subcontract or intergovernmental agreement. The 14 subcontract or intergovernmental agreement may be approved by 15 the Department only if the subcontractor or other 16 intergovernmental entity's services are fully integrated into 17 the Program and the subcontractor or other intergovernmental 18 entity's services enhance the efficiency, accessibility, and 19 effectiveness of child support services. 20 Section 25. Performance standards. 21 (a) In consultation with the Department's statewide 22 Child Support Advisory Committee, the Department shall 23 establish the following by rule: 24 (1) Measures of performance for all State's 25 Attorneys operating a program and contractors and local 26 governmental entities providing child support services in 27 the IV-D Child Support Program with respect to parentage 28 establishment, support order establishment, current 29 support collections, arrearage collections, 30 cost-effectiveness, or any other measures used by the 31 federal government or as set forth by the Department. 32 (2) Procedures for apportioning any projected -8- LRB9212138DJmbam01 1 incentive funding between any eligible contractors or 2 local governmental entities. 3 (b) Once each year, the Department shall estimate the 4 total State and federal incentive funding that will be 5 available for distribution under this subsection during the 6 following year. Any State's Attorney operating a program and 7 a contractor or local governmental entity providing child 8 support services in the IV-D Child Support Program are 9 eligible to earn incentive payments, based on the score 10 received for performance standards required under this 11 Section and the amount available for that year under this 12 subsection. 13 (c) Once each year, the Department shall apply the 14 performance standards to all State's Attorneys operating a 15 program and contractors and local governmental entities 16 providing child support services in the IV-D Child Support 17 Program, and shall publish a report of such performance 18 levels and corresponding scores used in calculating the 19 incentive payment amount. 20 Section 30. Annual report to General Assembly. The 21 Department shall submit to the General Assembly an annual 22 report on the operation of Programs during the preceding 23 State fiscal year. The annual report must include, but need 24 not be limited to, the following: 25 (1) The report of performance levels and 26 corresponding scores used in calculating the incentive 27 payment amounts under Section 20. 28 (2) A narrative description of each Program 29 operating in the State, including (i) the manner in which 30 a State's Attorney complied or failed to comply with each 31 assurance included in the applicable Plan and (ii) the 32 Program's annual budget and staffing. -9- LRB9212138DJmbam01 1 Section 35. IV-D Child Support Program responsibilities. 2 (a) The Department has the authority and responsibility 3 for administering the IV-D Child Support Program in 4 compliance with Title IV, Part D of the federal Social 5 Security Act. 6 (b) The Department may enter into agreements with 7 contractors or local governmental entities to manage any 8 services provided by the IV-D Child Support Program in 9 counties in which the State's Attorney is not operating a 10 Program. All contractors or local governmental entities 11 entering into agreements with the Department must meet the 12 applicable performance standards set forth in Section 25. 13 (c) In any county in which a program is operating, the 14 Department may enter into an intergovernmental agreement, 15 with the Clerk of the Circuit Court to be responsible for 16 filing, recording, and making available for retrieval all 17 administrative orders of parentage and administrative orders 18 setting, modifying, or terminating child support obligations. 19 (d) With respect to those counties in which a State's 20 Attorney is operating a Program, the Department must, at a 21 minimum, fulfill its responsibilities under Title IV, Part D 22 of the federal Social Security Act and Article X of the 23 Illinois Public Aid Code in connection with the following: 24 (1) Operation of a statewide toll free telephone 25 number that refers parties to the appropriate contact as 26 established by a Plan. 27 (2) Management and supervision of the State 28 Disbursement Unit. 29 (3) Management and supervision of KIDS and the 30 State Case Registry established under Section 10-27 of 31 the Illinois Public Aid Code. A State's Attorney 32 operating a Program, however, must be able to enter data 33 directly into KIDS with respect to any current child 34 support cases for which the State's Attorney is -10- LRB9212138DJmbam01 1 responsible and must be able to edit that data when 2 necessary. 3 (4) Federal income tax refund intercepts. 4 (5) State income tax refund and other payment 5 intercepts. 6 (6) Sending notices required by law to parents, 7 except as otherwise provided in a Plan. 8 (7) Submitting past due support information to 9 licensing agencies. 10 (8) Notifying the Illinois Department of Public 11 Health of parentage establishments and acknowledgments. 12 (9) Maintaining the Central Case Registry with 13 respect to interstate cases, and taking any necessary 14 actions that are not otherwise specified in a Plan. 15 (10) Submittal of past-due support information to 16 the Illinois Department of Revenue. 17 (11) Requests for data matches with financial 18 institutions. 19 (12) Account reviews and redeterminations for any 20 child support cases in which administrative processes are 21 utilized by the Department under this Section. 22 (13) Reports to the federal government. 23 (14) All other duties required under Title IV, Part 24 D of the federal Social Security Act that are not 25 otherwise included in a Plan. 26 (e) To the extent that the provisions of this Act are 27 inconsistent with the responsibilities or requirements 28 imposed on the IV-D Child Support Program under Article X of 29 the Illinois Public Aid Code, the provisions of this Act 30 shall control, unless doing so violates Title IV, Part D of 31 the federal Social Security Act.".
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