305 ILCS 5/10-26.2
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article X - Determination And Enforcement Of Support Responsibility Of Relatives

Sec. 10-26.2.         Contracts concerning the operation of the State Disbursement  Unit.(a) In this Section:"Contract" has the same meaning as in the Illinois Procurement Code."SDU contractor" means any public or private entity or individual with whom  the  Illinois Department enters into a contract in connection with the operation of  the State  Disbursement Unit.(b) The contract entered into by the Illinois Department with a public or  private  entity or an individual in connection with the operation of the State  Disbursement Unit  must contain, at a minimum, the provisions set forth in this Section.(c) The contract must include standards and procedures  to ensure that the data  relied on  by the State Disbursement Unit in performing its functions is accurate so that  the State  Disbursement Unit will be able to effectively administer the collection and  disbursement  of support payments.(d) The contract must contain provisions to ensure that all clerks of the  circuit  court have access to  non-custodial  parents' support payment information in the possession of the State  Disbursement Unit.(e) The contract must contain provisions to ensure that notices to employers  in  connection with the collection of support are clear and consistent and that the  SDU  contractor will promptly inform an employer about any problems and any  necessary  changes in connection with the collection of support.(f) The contract must contain appropriate management controls to ensure that  (i)  all of the SDU contractor's actions in performing the functions of the State  Disbursement  Unit are reasonably planned, timely implemented, and adequately controlled and  (ii) all  reports that are necessary to provide the Illinois Department with the  information  necessary to effectively monitor the quality and accuracy of the SDU  contractor's actions  in performing the functions of the State Disbursement Unit are timely filed.(g) The contract must contain provisions specifying standards with respect  to the level of performance expected of the SDU contractor.  The contract may  include provisions for incentives and penalties in connection with the SDU  contractor's performance.(h) The contract must contain provisions projecting the number of active  support collection and disbursement cases to be handled by the State  Disbursement Unit and estimating the number of support disbursement  transactions to be handled each year.(i) The contract must contain provisions requiring  compliance with all  applicable federal  requirements concerning disbursement of support.  The contract must also contain provisions for the Illinois Department's  regular, periodic  review of reports on disbursement performance.(j) The contract must contain provisions requiring the SDU contractor to  submit  to the Illinois Department, within 45 days after the end of each State fiscal  year, a  completed American Institute of Certified Public Accountants Statement on  Auditing  Standards Number 88 (SAS 88) or its successor for the purpose of enabling the  Illinois  Department to  appropriately monitor the State Disbursement Unit's performance as a service  organization and to enable the Auditor General, as the external auditor of the  State  Disbursement Unit, to ensure that appropriate controls are present.(k) The contract must contain provisions requiring the Illinois Department  and the  SDU contractor to examine the causes of untimely disbursement of support  payments and  inappropriate cost recovery and to take prompt action to ensure the timely and  accurate  disbursement of support payments.  The contract must also contain provisions  for the  final disposition of support payments that cannot be processed by  the State  Disbursement Unit within 2 business days.(l) The contract must contain provisions to ensure that neither the Illinois  Department nor the SDU contractor uses moneys collected and held in trust for  the  payment of support for any purpose other than that for which the moneys were  collected.(m) The contract must contain provisions requiring the Illinois Department  to audit  the disbursement of all emergency support payments and report to the General  Assembly  the results of the audit, including, without limitation, the number of  emergency support  payment checks issued by the State Disbursement Unit, the amount of repayments  received from recipients of those checks, and amounts for which the Illinois  Department did not seek repayment.    (Source: P.A. 92-44, eff. 7-1-01.)