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90_HB2838
305 ILCS 5/4-1.7 from Ch. 23, par. 4-1.7
Amends the Temporary Assistance for Needy Families
Article of the Illinois Public Aid Code. Provides that the
Department of Human Services shall develop and implement by
rule pilot projects, lasting no less than 3 years, to test
the effects of paying to families receiving cash assistance
under this Article either (i) two-thirds of the monthly child
support collected on behalf of each member of the assistance
unit or (ii) the first $50 paid as monthly support on each
judicial or administrative child support order on behalf of a
member of the assistance unit, whichever is greater.
Provides that the child support passed through to a family
shall not affect the family's eligibility for assistance
until the family's non-exempt income and the child support
passed through to the family equal the federal poverty level,
at which point cash assistance to the family may be
terminated. Provides that no later than 6 months after the
conclusion of the pilot projects, the Department shall report
its findings and any recommendations to the General Assembly.
Effective immediately.
LRB9010441SMdv
LRB9010441SMdv
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
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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 develop and implement by rule at
24 least 2 pilot projects to test the effects, in terms of
25 parental cooperation with the child support program,
26 collections of child support, and non-custodial parents'
27 involvement in the lives of their children, of paying to
28 families receiving cash assistance under Article IV either
29 (i) two-thirds of the monthly child support collected on
30 behalf of each member of the assistance unit or (ii) the
31 first $50 paid as monthly support on each judicial or
32 administrative child support order on behalf of a member of
33 the assistance unit, whichever is greater. The child support
34 passed through to a family pursuant to this Section shall not
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1 affect the family's eligibility for assistance or decrease
2 any amount otherwise payable as assistance to such family
3 under Article IV until a family's non-exempt income and the
4 child support passed through to the family equal the federal
5 poverty level, at which point cash assistance to the family
6 may be terminated. The Department shall conduct at least one
7 of the pilot projects in a county of 3,000,000 or more
8 population and at least one of the pilot projects in a county
9 of fewer than 3,000,000 population. The pilot projects shall
10 be conducted for a period of not less than 3 years. No later
11 than 6 months after the conclusion of the pilot projects, the
12 Department shall report its findings to the General Assembly
13 and, to the extent that the findings support recommendations
14 for changes in State law or policy, make such recommendations
15 to the General Assembly.
16 (Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.