Teen Living Programs v. State of Illinois

TAMMY

L. BROWN-ZIELKE, for Claimant.

JIM RYAN, Attorney General (M ICHAEL F. ROCKS, Assistant Attorney General, of counsel), for Respondent. I DAMAGES-au;ardsmade by Court subject to right ofset-ofl The Court of Claims Act provides that awards made by the Court are subject to the right of set-off.

SAhmAapsed appropriation claim-set-off applied-claim dismissed.

In a lapsed appropriation claim filed against the Department of Children and Family Services, the State acknowledged in its departmental report that the Claimant had a valid claim in the amount of $527.67, but no award was made because the amount owed was set off against a debt owed by the Claimant to DCFS.

ORDER

This matter coming to be heard on the motion of Respondent to chsmiss the claim herein, and it appearing to the Court that Claimant has received due notice, and the Court being fully advised in the premises finds that: Claimant filed this claim as a lapsed appropriation claim. Respondent has filed a departmental report prepared by the Department of Children and Family Services (“DCFS”)in investigation of this claim. Pursuant to section 790.140 of the Court of Claims Regulations (74 Ill. Adm. Code 790.140), a departmental report is prima facie evidence of the facts set forth herein. According to the departmental report, DCFS acknowledges that this is a valid claim only in the amount of $527.67. However, no award should be made in this case because the amount owed under this claim is being set-off against a debt owed by Claimant to DCFS.

[*332] 332 51 Ill. Ct. C1.

The Court of Claims Act provides that awards made by the Court are subject to the right of set-off. See section 26 of the Court of Claims Act. 705 ILCS 50326.

It is hereby ordered that the motion of Respondent be, and the same is hereby granted, and the claim herein is dismissed.