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90_HB2839
305 ILCS 5/4-1.7 from Ch. 23, par. 4-1.7
Amends the Illinois Public Aid Code. In provisions
regarding enforcement of parental child support obligations,
provides that the Department of Human Services shall pay to
families receiving cash assistance under Article IV of the
Code the first $50 paid as monthly support on each judicial
or administrative child support order on behalf of a member
of the assistance unit without affecting the families'
eligibility for assistance or decreasing any amount otherwise
payable as assistance to the family under Article IV.
Effective immediately.
LRB9010442SMdv
LRB9010442SMdv
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 4-1.7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 4-1.7 as follows:
7 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
8 Sec. 4-1.7. Enforcement of Parental Child Support
9 Obligation.) If the parent or parents of the child are
10 failing to meet or are delinquent in their legal obligation
11 to support the child, the parent or other person having
12 custody of the child or the Illinois Department of Public Aid
13 may request the law enforcement officer authorized or
14 directed by law to so act to file action for the enforcement
15 of such remedies as the law provides for the fulfillment of
16 the child support obligation.
17 If a parent has a judicial remedy against the other
18 parent to compel child support, or if, as the result of an
19 action initiated by or in behalf of one parent against the
20 other, a child support order has been entered in respect to
21 which there is noncompliance or delinquency, or where the
22 order so entered may be changed upon petition to the court to
23 provide additional support, the parent or other person having
24 custody of the child or the Illinois Department of Public Aid
25 may request the appropriate law enforcement officer to seek
26 enforcement of the remedy, or of the support order, or a
27 change therein to provide additional support. If the law
28 enforcement officer is not authorized by law to so act in
29 these instances, the parent, or if so authorized by law the
30 other person having custody of the child, or the Illinois
31 Department of Public Aid may initiate an action to enforce
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1 these remedies.
2 A parent or other person having custody of the child must
3 comply with the requirements of Title IV of the federal
4 Social Security Act, and the regulations duly promulgated
5 thereunder, and any rules promulgated by the Illinois
6 Department regarding enforcement of the child support
7 obligation. The Illinois Department of Public Aid and the
8 Department of Human Services may provide by rule for the
9 grant or continuation of aid to the person for a temporary
10 period if he or she accepts counseling or other services
11 designed to increase his or her motivation to seek
12 enforcement of the child support obligation.
13 In addition to any other definition of failure or refusal
14 to comply with the requirements of Title IV of the federal
15 Social Security Act, or Illinois Department rule, in the case
16 of failure to attend court hearings, the parent or other
17 person can show cooperation by attending a court hearing or,
18 if a court hearing cannot be scheduled within 14 days
19 following the court hearing that was missed, by signing a
20 statement that the parent or other person is now willing to
21 cooperate in the child support enforcement process and will
22 appear at any later scheduled court date. The parent or
23 other person can show cooperation by signing such a statement
24 only once. If failure to attend the court hearing or other
25 failure to cooperate results in the case being dismissed,
26 such a statement may be signed after 2 months.
27 No denial or termination of medical assistance pursuant
28 to this Section shall commence during pregnancy of the parent
29 or other person having custody of the child or for 30 days
30 after the termination of such pregnancy. The termination of
31 medical assistance may commence thereafter if the Illinois
32 Department of Public Aid determines that the failure or
33 refusal to comply with this Section persists. Postponement
34 of denial or termination of medical assistance during
-3- LRB9010442SMdv
1 pregnancy under this paragraph shall be effective only to the
2 extent it does not conflict with federal law or regulation.
3 Any evidence a parent or other person having custody of
4 the child gives in order to comply with the requirements of
5 this Section shall not render him or her liable to
6 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
7 of 1961", approved July 28, 1961, as amended.
8 When so requested, the Illinois Department of Public Aid
9 and the Department of Human Services shall provide such
10 services and assistance as the law enforcement officer may
11 require in connection with the filing of any action
12 hereunder.
13 The Illinois Department of Public Aid and the Department
14 of Human Services, and as an expense of administration, may
15 also provide applicants for and recipients of aid with such
16 services and assistance, including assumption of the
17 reasonable costs of prosecuting any action or proceeding, as
18 may be necessary to enable them to enforce the child support
19 liability required hereunder.
20 Nothing in this Section shall be construed as a
21 requirement that an applicant or recipient file an action for
22 dissolution of marriage against his or her spouse.
23 The Department shall pay to families receiving cash
24 assistance under Article IV the first $50 paid as monthly
25 support on each judicial or administrative child support
26 order on behalf of a member of the assistance unit without
27 affecting the families' eligibility for assistance or
28 decreasing any amount otherwise payable as assistance to the
29 family under Article IV.
30 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.