Bill Text: IL HB1416 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning public policy with respect to the determination and enforcement of the support responsibility of relatives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB1416 Detail]

Download: Illinois-2021-HB1416-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1416 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
305 ILCS 5/10-1 from Ch. 23, par. 10-1
Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning public policy with respect to the determination and enforcement of the support responsibility of relatives.
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A BILL FOR
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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 10-1 as follows:
(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of Public Policy - Persons Eligible
for Child Support Enforcement Services - Fees for
Non-Applicants and and Non-Recipients.) It is the intent of
this Code that the financial aid and social welfare services
herein provided supplement rather than supplant the primary
and continuing obligation of the family unit for self-support
to the fullest extent permitted by the resources available to
it. This primary and continuing obligation applies whether the
family unit of parents and children or of husband and wife
remains intact and resides in a common household or whether
the unit has been broken by absence of one or more members of
the unit. The obligation of the family unit is particularly
applicable when a member is in necessitous circumstances and
lacks the means of a livelihood compatible with health and
well-being.
It is the purpose of this Article to provide for locating
an absent parent or spouse, for determining his financial

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circumstances, and for enforcing his legal obligation of
support, if he is able to furnish support, in whole or in part.
The Department of Healthcare and Family Services shall give
priority to establishing, enforcing and collecting the current
support obligation, and then to past due support owed to the
family unit, except with respect to collections effected
through the intercept programs provided for in this Article.
The child support enforcement services provided hereunder
shall be furnished dependents of an absent parent or spouse
who are applicants for or recipients of financial aid under
this Code. It is not, however, a condition of eligibility for
financial aid that there be no responsible relatives who are
reasonably able to provide support. Nor, except as provided in
Sections 4-1.7 and 10-8, shall the existence of such relatives
or their payment of support contributions disqualify a needy
person for financial aid.
By accepting financial aid under this Code, a spouse or a
parent or other person having custody of a child shall be
deemed to have made assignment to the Illinois Department for
aid under Articles III, IV, V and VII or to a local
governmental unit for aid under Article VI of any and all
rights, title, and interest in any support obligation,
including statutory interest thereon, up to the amount of
financial aid provided. The rights to support assigned to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or local governmental unit

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shall constitute an obligation owed the State or local
governmental unit by the person who is responsible for
providing the support, and shall be collectible under all
applicable processes.
The Department of Healthcare and Family Services shall
also furnish the child support enforcement services
established under this Article in behalf of persons who are
not applicants for or recipients of financial aid under this
Code in accordance with the requirements of Title IV, Part D of
the Social Security Act. The Department may establish a
schedule of reasonable fees, to be paid for the services
provided and may deduct a collection fee, not to exceed 10% of
the amount collected, from such collection. The Department of
Healthcare and Family Services shall cause to be published and
distributed publications reasonably calculated to inform the
public that individuals who are not recipients of or
applicants for public aid under this Code are eligible for the
child support enforcement services under this Article X. Such
publications shall set forth an explanation, in plain
language, that the child support enforcement services program
is independent of any public aid program under the Code and
that the receiving of child support enforcement services in no
way implies that the person receiving such services is
receiving public aid.
(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)