SPRINGFIELD, Ill. (AP) — The American Civil Liberties Union has asked a federal court to order the state to continue funding child-protective services despite having no approved budget.

A hearing is set for Tuesday in U.S. District Court in Chicago. The ACLU seeks enforcement of a decades-old consent decree guaranteeing an adequate level of services for children who are under the care of the Department of Children and Family Services.

The ACLU won a similar order during a budget impasse in 2009. Spokesman Ed Yohnka says the organization thought that covered this year.

But Yohnka says state Comptroller Leslie Munger indicated late last week that she doesn’t have authority to pay DCFS employees.

A Munger spokesman did not have an immediate comment.

Gov. Bruce Rauner and lawmakers are stalemated over a budget agreement.