(750 ILCS 24/15)
Sec. 15. Components of a Unified Child Support Services Program.
(a) Any intergovernmental agreement incorporating an approved Plan under this Act must provide that the State's Attorney shall create and manage a Program offering child support services in all IV‑D cases pending in the county as of the approval date of the Plan and all new cases in the Department's IV‑D Child Support Program, based upon the jurisdiction of the case and in accordance with all relevant laws or Department policies.
(b) The child support services offered by each Program and incorporated in the State's Attorney's Plan must comply with the Department's approved Title IV, Part D State Plan and, except as provided in Section 35, must include, but need not be limited to, the following:
(1) Accepting applications for child support |
| services from private parties or referrals from any State agency that submits information to KIDS, and providing for the conducting of initial interviews with applicants by telephone or other electronic means. | |
(2) Maintaining flexible office hours, including |
| evening or weekend hours for in‑person or telephone appointments, or any other appropriate means in order to meet customer service demands. | |
(3) Providing for a staffing plan that includes |
| assigning cases to a child support specialist who is responsible for coordinating child support services for the case, receiving new and updated information about the case and forwarding that information to all relevant persons and agencies, responding to parents' inquiries and requests in a timely manner, and making appropriate referrals as specified in paragraph (12) of this subsection. | |
(4) Assessing each case for child support services |
| by determining the status of the case and the necessary steps appropriate for the case, including establishing and following standards for determining whether to use judicial or administrative processes for child support services, and establishing and following standards for seeking cooperation from the parties before invoking other enforcement mechanisms. | |
(5) Taking all necessary steps identified in |
| paragraph (4) of this subsection as appropriate for the case, whether by use of judicial or administrative processes, and making appropriate referrals to the Department to follow agency processes for which it is responsible under Section 35 of this Act. | |
(6) Offering genetic testing to determine parentage |
| at the site of the unified child support services operations or near the county courthouse or administrative hearing office where proceedings to establish parentage are conducted. | |
(7) Obtaining identified cases that have moved into |
| non‑compliance with obligations set forth in an order involving a child support case and taking steps necessary to bring the case into compliance, including investigating sources of income and the location and type of assets of child support obligors who are in arrears in the payment of support. | |
(8) Obtaining information to provide for periodic or |
| other review of administrative and court orders for support consistent with federal guidelines to determine whether a modification of the order should be sought. | |
(9) Taking responsibility for using KIDS, for |
| entering data with respect to a current child support case into KIDS and editing that data, and for having conflicting or incorrect data reconciled with respect to a current child support case. | |
(10) Reporting cooperation or the circumstances for |
| lack of cooperation with child support services by recipients of public aid under Temporary Assistance for Needy Families or Medicaid. | |
(11) Conducting account reviews and redeterminations |
| with respect to a current child support case in accordance with Department policies and federal guidelines. | |
(12) Establishing referral procedures and making |
| appropriate referrals for programs such as voluntary mediation on custody and visitation, domestic violence, employment and training, child care, and governmental benefits such as Temporary Assistance for Needy Families and Medicaid. | |
(13) Establishing and maintaining a separate, |
| impartial, and independent administrative process for parentage establishment, support establishment, and support modification that affords due process of law to alleged fathers and custodial and non‑custodial parents; and furnishing copies of all such administrative orders to the clerk of the circuit court and the Department. | |
(14) Providing all information on the Program's |
| operation needed by the Department to satisfy the Department's reporting requirements to the State and federal governments on a timely basis. | |
(15) Responding to requests for Administrative |
| Accountability Analyses under Article X of the Illinois Public Aid Code, for State's Attorney cases as of the effective date of the approved Plan, and reporting final determinations to the Department. | |
(16) Marketing the Program within the county in |
| which it is operating so that potential applicants learn about child support services offered. | |
(17) Appointing a local, unpaid child support |
| advisory board, with the State's Attorney operating the Program as the chair, that meets at least quarterly. | |
(18) Establishing procedures for referral to the |
| Illinois Attorney General of designated child support cases brought by non‑custodial parents. | |
(19) Conducting all operations in accordance with |
| any applicable State or federal laws and regulations and the Plan. | |
(Source: P.A. 92‑876, eff. 6‑1‑03.) |
(750 ILCS 24/35)
Sec. 35. IV‑D Child Support Program responsibilities.
(a) The Department has the authority and responsibility for administering the IV‑D Child Support Program in compliance with Title IV, Part D of the federal Social Security Act.
(b) The Department may enter into agreements with contractors or local governmental entities to manage any services provided by the IV‑D Child Support Program in counties in which the State's Attorney is not operating a Program. All contractors or local governmental entities entering into agreements with the Department must meet the applicable performance standards set forth in Section 25.
(c) In all counties, whether or not the State's Attorney in a county is operating a Program, the Department must, at a minimum, fulfill its responsibilities under Title IV, Part D of the federal Social Security Act and Article X of the Illinois Public Aid Code in connection with the following:
(1) Operation of a statewide toll free telephone |
| number that refers parties to the appropriate contact as established by a Plan. | |
(2) Management and supervision of the State |
| |
(3) Management and supervision of KIDS and the State |
| Case Registry established under Section 10‑27 of the Illinois Public Aid Code, including the responsibility (i) for entering and editing data for activities being conducted by the Department with respect to a current child support case and (ii) for having conflicting or incorrect data reconciled with respect to those activities. A State's Attorney operating a Program, however, must be able to enter data directly into KIDS with respect to any current child support cases for which the State's Attorney is responsible and must be able to edit that data when necessary. | |
(4) Federal income tax refund intercepts.
(5) State income tax refund and other payment |
| |
(6) Sending notices required by law to parents, |
| except as otherwise provided in a Plan. | |
(7) Submitting past due support information to |
| |
(8) Notifying the Illinois Department of Public |
| Health of parentage establishments and acknowledgments. | |
(9) Maintaining the Central Case Registry with |
| respect to interstate cases, and taking any necessary actions that are not otherwise specified in a Plan. | |
(10) Submittal of past‑due support information to |
| the Illinois Department of Revenue. | |
(11) Requests for data matches with financial |
| |
(12) Account reviews and redeterminations for any |
| child support cases in which administrative processes are utilized by the Department under this Section. | |
(13) Reports to the federal government.
(14) All other duties required under Title IV, Part |
| D of the federal Social Security Act that are not otherwise included in a Plan. | |
(d) To the extent that the provisions of this Act are inconsistent with the responsibilities or requirements imposed on the IV‑D Child Support Program under Article X of the Illinois Public Aid Code, the provisions of this Act shall control, unless doing so violates Title IV, Part D of the federal Social Security Act.
(Source: P.A. 92‑876, eff. 6‑1‑03.) |