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Child
Support Enforcement Division Study
III.
Recommendations for Improvement of the Child Suport Enforcement
Division of the State's Attorney's Office (SAO)
A.
THE SAO'S RELATIONSHIP WITH ILLINOIS DEPARTMENT OF PUBLIC AID (IDPA)
1.
An Assistant State's Attorney (ASA) should supervise IDPA intake
staff to develop a complete case file prior to referral to the
SAO
2.
The SAO should assign one or more attorneys, on a rotating basis,
to be on-site where intake interviews are taking place to answer
questions and oversee the process
3.
The SAO should work with IDPA to assure that, at the intake interview,
custodial parents are given an accurate and detailed overview
of the process
4.
The SAO should work with IDPA to develop clear lines of communication
and to coordinate the authority and jurisdiction of each agency
5.
The SAO should have greater access to IDPA's computers in the
courtroom
6.
Since 1993, IDPA and the SAO have maintained their own, separate
case files--a significant improvement over past practice
B.
POLICIES AND PROCEDURES WITHIN THE SAO'S DIVISION FOR CHILD-SUPPORT
ENFORCEMENT
1.
The SAO has begun to make a concerted effort to recruit, train,
and retain a stable staff of attorneys who want to handle parentage
and child support cases
2.
Unlike past practice, ASAs now receive significant training, including
manuals and regular training sessions that provide realistic information
and advocacy tips that courtroom ASAs need
3.
The number of non-attorneys acting as assistants to the ASAs should
be increased, and their services should be used in a more efficient
manner
4.
The SAO has established a Client Services Section to improve communications
with custodial parents. This approach should be encouraged
5.
The SAO has implemented a team structure for handling cases
6.
ASA caseloads should be small enough to permit diligent preparation
and representation
C.
THE SAO's RELATIONSHIP WITH CUSTODIAL PARENTS
1.
The relationship between the SAO, IDPA, and the custodial parent
must be clarified to recognize that, by statute, the SAO represents
only IDPA in child-support enforcement proceedings
2.
Each ASA or his/her assistant should schedule an introductory
meeting with the custodial parent 27
3.
The SAO should develop a policy of making arguments in favor of
positions that would benefit the child, even if it knows the judge
will reject those arguments 290
4.
To help minimize the number of times a custodial parent must appear
in court, it is important that the SAO contact the custodial parent
prior to the initial hearing to inform her whether service has
been accomplished on the non-custodial parent 30
D.
ASAs MUST ADEQUATELY PREPARE FOR REPRESENTATION IN COURT
1.
ASAs should review files a sufficient length of time before the
court date to enable them to correct inaccurate or incomplete
files 32
2.
ASAs should send subpoenas to defendants' employers and/or serve
discovery on the defendants to ascertain defendants' incomes accurately
prior to court 33
3.
ASAs should consult with custodial parents regarding information
they may have as to defendants' sources and amounts of income.
4.
ASAs should object to requests for continuances that are made
for dilatory reasons, and ASAs should insist that the reasons
for continuances be stated clearly in court orders .
5.
ASAs should object to defendants' motions to vacate default judgments
unless the defendant has met the legal requirements for vacating
a default judgment .
6.
The SAO should not prosecute enforcement proceedings in court
if the obligor is working for an employer on whom an income withholding
order can be served, unless there is a reasonable likelihood of
obtaining a lump sum payment towards an arrearage that justifies
use of court time.
E.
ADDITIONAL RECOMMENDATIONS FOR THE IV-D SYSTEM
1.
Free child care for litigants should be made available at or near
the hearing rooms
2.
Steps must be taken to provide independent representation for
custodial parents when necessary
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