Illinois Court of Claims Opinions
Lapsed Appropriation
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The Counties of De Kalb v. State of Illinois

47 Ill. Ct. Cl. 106 Illinois Court of Claims Filed 1995-02-15 No. 85-CC-0001
Disposition: (No. 85-CC-0001-Motion for reconsideration granted.) Agency: Department of Children and Family Services
Cite as: The Counties of De Kalb v. State of Illinois, 47 Ill. Ct. Cl. 106 (1995)
Lapsed Appropriation 47 granted 1990s The Counties of De Kalb v. State of Illinois 47 Ill. Ct. Cl. 106 1995-02-15 (No. 85-CC-0001-Motion for reconsideration granted.) /opinions/v47-p0109-1/

THE COUNTIES OF DE KALB, DE WITT, LAKE, LIVINGSTON, MCLEAN, STEPHENSON, TAZEWELL, KANE and WOODFORD, Claimants, v. THE STATE OF ILLINOIS, Respondent.

Case summary

Nine counties claimed $441,109.68 for state reimbursement of funds under the Juvenile Court Act for care of dependent children. The court awarded the pro-rated amount of $13,670.66 remaining in the appropriation, as insufficient funds were available to pay the full claims.

Claim type: Lapsed Appropriation

Statutes cited: Ill. Rev. Stat. 1985, ch. 37, par. 705-5

Cases cited: Board of School Inspector for the County of Peoria v. State, 12 Ill. Ct. Cl. 17

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. LAPSED APPROPRIATIONS-insufficient funds appropriated to pay counties’ claims in full-awards pro-rated-motion to reconsider and vacate dismissal order granted. After it was determined that insufficient funds lapsed to pay nine counties’ aggregated $441,109.68 claim for sums expended under the Juvenile Court Act on behalf of children in shelter care, the $13,670.66 remaining in the relevant appropriation was awarded to the counties on a pro-rated basis, and thereafter the Court granted the counties’ motion to reconsider and vacate a dismissal order previously entered.

OPINION

PER CURIAM.

The record in this cause indicates that this is a lapsed appropriation claim. The Attorney General has submitted a Respondent’s stipulation based upon a report of the Department of Children and Family Services.

The purpose of the expenditure was for amounts due the respective counties pursuant to section 5-5 of the Juvenile Court Act, providing for State reimbursement of funds (Ill. Rev. Stat. 1985, ch. 37, par. 705-5), regarding [*107] care and support of dependent children placed in shelter care by the county courts. These were properly authorized expenditures.

Unfortunately, the departmental report indicates that there were insufficient funds remaining in each fiscal year appropriation to pay these claims. There are nine counties claiming $441,109.68 against $13,670.66 remaining in the appropriation. There were no funds remaining for fiscal year 1984.

The Department of Children and Family Services has audited and pro rated these claims, and their results are attached to this order, along with the appropriation numbers. Precedent for pro rating funds in this manner is found in the case of Board of School Inspector for the County of Peoria v. State, 12 Ill. Ct. Cl. 17. This Court agrees that this is the proper manner for payment of these claims, as to pay the entire amount requested by each county would be deficiency appropriation which is the realm of the Legislature and is both constitutionally and statutorially prohibited for this Court.

It is hereby ordered that Claimants be hereby awarded, in full accord and satisfaction of these claims as follows:

Official volume 47 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1995 – July 1, 1994–June 30, 1995)  ·  All opinions in this volume  ·  Also on CourtListener

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