HJ0168 99TH GENERAL ASSEMBLY

HJ0168 LRB099 24101 MST 51753 r

HOUSE JOINT RESOLUTION

WHEREAS, House Resolution 1101 (5/19/08), House Resolution 1428 (7/15/08), House Resolution 1517 (9/10/08), House Resolution 11 (2/11/90), and House Resolution 870 (2/11/10) formed the Illinois Family Law Study Committee; and

WHEREAS, The Illinois Family Law Study Committee subcommittee on custody, aka POD 1, produced a report on April 10, 2010, which stated in the pertinent section that "Secondarily, the effect of the present system, in practice, has created "cottage industries" of GALs/child representatives, custody evaluators, and others, who have increased litigation costs and are not necessarily helpful in reducing conflicts between the parents"; and

WHEREAS, The House of Representatives, Judiciary I Civil Law Committee issued a May 15, 2012 letter signed by all 11 committee members to members of the Illinois Supreme Court Attorney Registration and Disciplinary Commission, voicing concern about the lack of attorney discipline "occurring in the area of child representatives and guardian ad litems appointed under the Marriage and Dissolution of Marriage Act (750 ILCS 5/506) in various court systems throughout the State; and

WHEREAS, The Illinois family court system participates in, and is otherwise subsidized by, a Federal Program involving child support enforcement State and federal funding under, inter alia, Social Security Act, Title IV-D (42 U.S.C. § 651 et seq), Title 45 Code of Federal Regulations Illinois Public Aid Code (305 ILCS 5/10-1 et seq), Title 89 Illinois Administrative Code; and

WHEREAS, Illinois' participation in the aforesaid Title IV-D Federal Program requires strict adherence to the State and federal laws and rules and regulations governing said program; and

WHEREAS, The Illinois budget impasse resulted in the March 2016 resurrection of a 1992 federal lawsuit involving the aforesaid Title IV-D Federal Program, the executive agency of the Governor responsible for the administration of said Federal Program, namely, the Illinois Department of Healthcare and Family Services (HFS), and a certified class of Cook County parents; 2016 court proceedings disclosed costly intergovernmental agreements between HFS and circuit courts in 11 of the 102 counties of Illinois, among other issues of fiscal and legal concern involving the administration of the Title IV-D Federal Program and Illinois family court proceedings statewide; and

WHEREAS, The April 10, 2010 report of the Illinois Family Law Study Committee, subcommittee on custody, among other authorities, indicate an unaddressed systemic problem in the Illinois family court system which calls into question Illinois' adherence to the State and federal laws and rules and regulations governing Illinois' participation in the aforesaid Title IV-D Federal Program; and

WHEREAS, A majority of members of the Senate and House of Representative of the Illinois General Assembly are committed to the lawful participation of Illinois in the Title IV-D Federal Program; and

WHEREAS, The Illinois Legislature has not passed an annual state budget since May of 2014; and

WHEREAS, A majority of members of the Senate and House of Representatives of the Illinois General Assembly are committed to the passing of a balanced budget funding lawful proceedings of the judicial branch of Illinois government; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we urge the Governor to formally request the assistance of the U.S. Department of Justice, Office of the United States Attorneys, Civil Division, Federal Programs Branch pertinent to the issues raised herein; and be it further

RESOLVED, That a suitable copy of this resolution be presented to the Governor.