State of Illinois
91st General Assembly
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Public Act 91-0331

HB2216 Enrolled                                LRB9104473WHdv

    AN ACT to amend the Illinois Public Aid Code by  changing
Sections 9A-8 and 11-20.1 and adding Section 9A-8.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Public Aid Code  is  amended  by
changing  Sections 9A-8 and 11-20.1 and adding Section 9A-8.1
as follows:

    (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
    Sec. 9A-8.  Operation of Program.
    (a)  At the time of  application  or  redetermination  of
eligibility  or  sanction or termination of eligibility under
Article IV, as determined by rule,  the  Illinois  Department
shall provide information in writing and orally regarding the
education,  training and employment program to all applicants
and  recipients.    The   information   required   shall   be
established  by  rule  and  shall  include,  but  need not be
limited to, including:
         (1)  education   (including   literacy    training),
    employment  and  training  opportunities  available,  the
    criteria  for  approval  of  those opportunities, and the
    right to request changes in the  personal  responsibility
    and services plan to include those opportunities;
         (1.1)  a  complete  list  of all activities that are
    approvable activities, and the circumstances under  which
    they are approvable, including work activities, substance
    abuse  or  mental  health treatment, activities to escape
    and prevent domestic violence,  caring  for  a  medically
    impaired   family   member,   and  any  other  approvable
    activities, together with the right to and procedures for
    amending the responsibility and services plan to  include
    these activities;
         (1.2)  the   rules  concerning the lifetime limit on
    eligibility,  including  the  current   status   of   the
    applicant   or  recipient  in  terms  of  the  months  of
    remaining eligibility, the criteria under which  a  month
    will  not  count  towards  the  lifetime  limit,  and the
    criteria under which a  recipient  may  receive  benefits
    beyond the end of the lifetime limit;
         (2)  supportive  services  including  child care and
    the rules regarding eligibility for  and  access  to  the
    child  care  assistance  program, transportation, initial
    expenses of employment, job retention,  books  and  fees,
    and any other supportive services;
         (3)  the  obligation  of  the  Department to provide
    supportive services;
         (4)  the    rights    and    responsibilities     of
    participants,      including     exemption,     sanction,
    reconciliation, and good cause criteria  and  procedures,
    termination  for  non-cooperation and reinstatement rules
    and procedures, and appeal and grievance procedures; and
         (5)  the types and locations of child care services.
    (b)  The Illinois Department shall notify  the  recipient
in  writing of the opportunity to volunteer to participate in
the program.
    (c)  (Blank).
    (d)  As  part  of  the  personal   plan   for   achieving
employment and self-sufficiency, the Department shall conduct
an    individualized    assessment   of   the   participant's
employability.  Except as to participation in  the  Get-A-Job
Program,  no  participant may be assigned to any component of
the education, training and employment activity prior to such
assessment, provided that a participant may be assigned up to
4 weeks of Job Search prior to  such  assessment.   The  plan
shall  include  collection of information on the individual's
background,  proficiencies,  skills  deficiencies,  education
level, work history, employment goals, interests,  aptitudes,
and  employment  preferences,  as  well  as factors affecting
employability or ability to meet  participation  requirements
(e.g.,  health,  physical  or mental limitations, child care,
family circumstances, domestic violence, substance abuse, and
special needs of any child of the individual).   As  part  of
the   plan,  individuals  and  Department  staff  shall  work
together to identify any supportive service needs required to
enable the client to participate and meet the  objectives  of
his   or  her  employability  plan.  The  assessment  may  be
conducted  through  various  methods  such   as   interviews,
testing,  counseling,  and  self-assessment instruments.  The
assessment process shall include  standard  literacy  testing
and a determination of English language proficiency for those
who  display  a  potential  need  for  literacy  or  language
services.   For  those  individuals  subject  to a job search
demonstration, there may be  an  abbreviated  assessment,  as
defined by rule. Based on the assessment, the individual will
be  assigned  to the appropriate activity.  The decision will
be based on a determination  of  the  individual's  level  of
preparation for employment as defined by rule.
    (e)  Recipients  determined to be exempt may volunteer to
participate pursuant to Section 9A-4 and must be assessed.
    (f)  As  part  of  the  personal   plan   for   achieving
employment   and   self-sufficiency  under  Section  4-1,  an
employability plan  for  recipients  shall  be  developed  in
consultation with the participant.  The Department shall have
final  responsibility  for  approving the employability plan.
The employability plan shall:
         (1)  contain an employment goal of the participant;
         (2)  describe the services to  be  provided  by  the
    Department,   including  child  care  and  other  support
    services;
         (3)  describe  the  activities,  such  as  component
    assignment, that will be undertaken by the participant to
    achieve the employment goal; and
         (4)  describe any other needs  of  the  family  that
    might be met by the Department.
    (g)  The employability plan shall take into account:
         (1)  available program resources;
         (2)  the participant's support service needs;
         (3)  the participant's skills level and aptitudes;
         (4)  local employment opportunities; and
         (5)  the preferences of the participant.
    (h)  A  reassessment  shall  be  conducted  to  assess  a
participant's  progress  and to review the employability plan
on the following occasions:
         (1)  upon  completion  of  an  activity  and  before
    assignment to an activity;
         (2)  upon the request of the participant;
         (3)  if the individual is not cooperating  with  the
    requirements of the program; and
         (4)  if   the   individual   has   failed   to  make
    satisfactory  progress  in  an  education   or   training
    program.
    Based  on the reassessment, the Department may revise the
employability plan of the participant.
(Source: P.A. 89-6, eff. 3-6-95; 89-289, eff. 1-1-96; 89-626,
eff. 8-9-96; 90-17, eff. 7-1-97.)

    (305 ILCS 5/9A-8.1 new)
    Sec. 9A-8.1.  Improvement of  information  to  applicants
and  recipients.   The  Illinois  Department  shall  annually
review  all  procedures  and written materials that it has in
place for purposes  of  compliance  with  subsection  (a)  of
Section  9A-8  and  Section  11-20.1  requiring  the Illinois
Department  to  provide  full  and  timely   information   to
applicants  and  recipients  of  aid under Article IV of this
Code about their opportunities, rights  and  responsibilities
under the Temporary Assistance for Needy Families program and
related  programs.   As  part  of  this  annual  review,  the
Illinois  Department  shall  provide copies of all procedures
and materials to the Family Self Sufficiency Advisory Council
or any successor advisory body containing  a  similar  number
and assortment of advocates, providers, contractors, clients,
and  citizens.   The Family Self Sufficiency Advisory Council
or  successor  advisory  body  shall  review   the   existing
procedures  and  materials  in light of program rules, recent
changes in the law or rules, and experience in the field, and
it shall suggest changes to  the  Illinois  Department.   The
Illinois  Department  shall produce new or revised procedures
and materials, or ratify the existing ones, for use beginning
each October 1.  If the Illinois Department  rejects  changes
suggested by the Family Self Sufficiency Advisory Council, it
shall explain the reasons in a written response.

    (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
    Sec.   11-20.1.   Employment;  Rights  of  recipient  and
obligations of Illinois  Department  when  recipients  become
employed;  Assistance  when  a  recipient  has  employment or
earned income or both.
    (a)  When  a  recipient  reports  employment  or   earned
income,  or both, or the Illinois Department otherwise learns
of a recipient's employment or earned income,  or  both,  the
Illinois Department shall provide the recipient with:
         (1)  An  explanation  of  how the earned income will
    affect the  recipient's  eligibility  for  a  grant,  and
    whether  the  recipient  must  engage  in additional work
    activities  to  meet   the   recipient's   monthly   work
    activities  requirement  and what types of activities may
    be approved for that purpose, and whether the  employment
    is  sufficient  to cause months of continued receipt of a
    grant not to be counted against the recipient's  lifetime
    eligibility  limit  will continue to receive a grant and,
    if so, the amount of the grant, and, if not, whether  the
    recipient  would  be  eligible  for  a  cash  grant under
    another public assistance program.
         (2)  An  explanation  of  the  Work  Pays  budgeting
    process, and an explanation  of  how  the  first  month's
    income  on  a  new  job  will  be  projected, and how the
    recipient  should  report  the  new  job  to  avoid   the
    Department   overestimating   the  first  month's  income
    including the application of the earned income and  child
    care disregards.
         (3)  An  explanation  of  how the earned income will
    affect  the  recipient's  eligibility  for  food  stamps,
    whether the  recipient  will  continue  to  receive  food
    stamps, and, if so, the amount of food stamps.
         (4)  The   names   and   telephone  numbers  of  all
    caseworkers to whom the recipient's  case  or  cases  are
    assigned  or will be transferred, an explanation of which
    type of case  each  worker  will  be  handling,  and  the
    effective date of the transfer.
         (5)  An  explanation of monthly reporting, including
    the recipient's responsibilities  to  report  income  and
    household  circumstances  on a monthly basis, the process
    by which quarterly monthly reporting forms  are  sent  to
    recipients,  where  and  to  whom  the  reports should be
    returned, the deadline by which reports must be returned,
    instructions  on  how  to  fill  out  the   reports,   an
    explanation  of what the recipient should do if he or she
    does not receive the form, advice on  how  to  prove  the
    report was returned by the recipient such as by keeping a
    copy,  and  an  explanation  of the effects of failure to
    file reports.
         (6)  If the recipient will  continue  to  receive  a
    grant, an explanation of the recipient's new fiscal month
    and a statement as to when the recipient will receive his
    or her grant.
         (7)  An  explanation of Kidcare and the automatic 12
    month extension of medical assistance that  is  available
    when a grant is cancelled due to earned income.
         (8)  An  explanation  of  the medical assistance the
    person may be eligible for when the  12  month  extension
    expires and how to request or apply for it.
         (9)  An  explanation  of the availability of a child
    care  subsidy  to  all  families  below  the  child  care
    assistance program's income limit, how to apply  for  the
    benefit  through  the Child Care Resource and Referral or
    site-administered child care program or both, the  nature
    of  the  child  care program's sliding scale co-payments,
    the availability of the 10% earned  income  disregard  in
    determining eligibility for child care assistance and the
    amount  of  the  parent  co-payment, the right to use the
    subsidy for either licensed or license exempt legal care,
    and the availability  of  benefits  when  the  parent  is
    engaged  in an education and training program payments to
    supplement the child care disregard and the procedures by
    which they may be obtained.
         (10)  (Blank). An explanation of transitional  child
    care  benefits,  including  how to apply for transitional
    child  care  benefits,  how,  to  whom,  and  under  what
    circumstances transitional child care  benefits  will  be
    paid  and  an  application  for  transitional  child care
    benefits.
         (11)  (Blank). Information concerning the assistance
    available from  the  Child  Care  Resource  and  Referral
    Project  and  a referral to the local Child Care Resource
    and Referral  Project  office  or  phone  number  if  the
    recipient needs help locating child care.
         (11a)  (Blank).  Information regarding the length of
    time the recipient  can  expect  to  receive  child  care
    disregards  or child care benefits funded by the Illinois
    Department and an explanation of how and  when  to  apply
    for  other sources of publicly funded child care benefits
    to replace child care disregards or child  care  benefits
    funded by the Illinois Department.
         (12)  (Blank).  An  explanation  of  Project  Chance
    child care benefits and how to request or apply for them.
         (13)  An  explanation of the availability of payment
    for initial expenses of employment and how to request  or
    apply for it.
         (14)  An  explanation  of  the  Project  Chance  job
    retention  component and how to participate in it, and an
    explanation of the  recipient's  eligibility  to  receive
    supportive  services  to  participate  in  education  and
    training programs while working.
         (15)  A  statement  of  the types of assistance that
    will be provided to the person automatically or continued
    and a statement of the types of assistance for which  the
    person must apply or reapply.
         (16)  If  the recipient will not continue to receive
    a cash grant and the recipient has assigned  his  or  her
    right  to  child  support  to the Illinois Department, an
    explanation of  the  recipient's  right  to  continue  to
    receive   child   support   enforcement   services,   the
    recipient's  right to have all current support paid after
    grant cancellation forwarded promptly to  the  recipient,
    the  procedures by which child support will be forwarded,
    and  the  procedures  by  which  the  recipient  will  be
    informed of the  collection  and  distribution  of  child
    support.
         (17)  An   explanation   of   the   availability  of
    transitional payments  if  the  recipient  experiences  a
    decrease  in  or  loss of earned income during a calendar
    quarter as to which  the  monthly  grant  was  previously
    budgeted  based  upon the higher income and the recipient
    is receiving a cash grant.
         (18)  If the recipient will not continue to  receive
    a  cash  grant,  an  explanation  of  the  procedures for
    reapplying for cash assistance if the person  experiences
    a decrease in or loss of earned income.
         (19)  An explanation of the earned income tax credit
    and  the  procedures  by which it may be obtained and the
    rules for disregarding it in determining eligibility  for
    and the amount of assistance.
         (b)  The  information listed in subsection (a) shall
be provided to the recipient on an individual basis during an
in-person meeting  with  a  representative  of  the  Illinois
Department.   The  individual in-person meeting shall be held
at a time which does not conflict with the  recipient's  work
schedule  within  30  days  of  the date the recipient begins
working.  If the recipient informs  the  Illinois  Department
that an in-person meeting would be inconvenient, the Illinois
Department  may  provide the information during a home visit,
by telephone, or by mail within  30  days  of  the  date  the
recipient begins working, whichever the client prefers.
    (c)  At  the  conclusion  of  the  meeting  described  in
subsection (b), the Illinois Department shall ensure that all
case  transfers  and calculations of benefits necessitated by
the recipient's employment or receipt of earned  income  have
been  performed, that applications have been made or provided
for all benefits for which the person must apply or  reapply,
and that the person has received payment for initial expenses
of employment.
(Source: P.A. 87-630.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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