Full Text of HB2682

LRB104 09702 KTG 19768 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2682

Introduced 2/6/2025, by Rep. Lilian Jiménez

SYNOPSIS AS INTRODUCED:

305 ILCS 5/4-22

Amends the Temporary Assistance For Needy Families Article of the Illinois Public Aid Code. Requires the Department of Human Services to implement the federal Family Violence Option created by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and other specified federal provisions that permit state agencies to waive TANF work and self-sufficiency requirements for individuals who are the victims of domestic or sexual violence. Contains provisions on how individuals may apply for a "good cause" waiver of TANF requirements due to domestic or sexual violence, including, provisions concerning required documentation or third-party verification to support a good cause waiver claim; and the option to self-attest to a claim of domestic or sexual violence in support of a good cause waiver claim. Contains provisions on notification requirements imposed on the Department; crisis assistance funding; rulemaking; and data reporting requirements.

A BILL FOR

AN ACT concerning public aid.

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 Section 4-22 as follows:

(305 ILCS 5/4-22)

Sec. 4-22. Domestic and sexual violence.

(a) Findings and policy. The General Assembly finds that it is the policy of the State of Illinois that:

(1) no individual or family should be forced to remain in a violent living situation or place themselves or others at risk in order to attain or retain TANF assistance; and

(2) no individual or family should be unfairly penalized because past or present domestic or sexual violence or the risk of domestic or sexual violence causes them to fail to comply with TANF program requirements for assistance. The assessment process to develop the personal plan for achieving self-sufficiency shall include questions that screen for domestic and sexual violence issues. If the individual indicates that he or she is the victim of domestic or sexual violence and indicates a need to address domestic or sexual violence issues in order to reach self-sufficiency, the plan shall take this factor into account in determining the work, education, and training activities suitable to the client for achieving self-sufficiency. In addition, in such a case, specific steps needed to directly address the domestic or sexual violence issues may also be made part of the plan, including referral to an available domestic or sexual violence program. The Department shall conduct an individualized assessment and grant waivers of program requirements and other required activities for victims of domestic violence to the fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall apply the same laws, regulations, and policies to victims of sexual violence. The duration of such waivers shall be initially determined and subsequently redetermined on a case-by-case basis. There shall be no limitation on the total number of months for which waivers under this Section may be granted, but continuing eligibility for a waiver shall be redetermined no less often than every 6 months.

(a-5) Definitions. As used in this Section:

"Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.

"Sexual assault" or "sexual violence" means any conduct of an adult or minor child proscribed in Article 11 of the Criminal Code of 2012, except for Sections 11-35, 11-40, and 11-45 of the Criminal Code of 2012, including conduct committed by a perpetrator who is a stranger to the victim and conduct by a perpetrator who is known or related by blood or marriage to the victim.

(b) In recognition of the reality of domestic or sexual violence for many individuals and families who may need assistance, when making determinations as to an individual's compliance with TANF program requirements, the Department of Human Services shall implement the federal Family Violence Option created under Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (P.L. 104-193), and as set forth in 42 U.S.C. 602(a)(7), including any implementing federal regulations at Part 260, Subtitle B, Chapter II, Title 45 of the Code of Federal Regulations.

(c) In accordance with subsection (b) and Section 402(a)(8) of the Social Security Act as amended by the federal Consolidated Appropriations Act, 2022 (P.L. 117-103), the Department shall:

(1) evaluate its policy of identifying individuals who are victims of domestic or sexual violence;

(2) provide universal notification of the good cause waiver at the time of an individual's initial TANF application;

(3) refer individuals who are victims of domestic or sexual violence to counseling, shelter, or other appropriate services; and

(4) automatically waive TANF program requirements, including, but not limited to, child support cooperation, work requirements, and time limits for individuals who are victims of domestic or sexual violence.

(d) Individuals who are victims of domestic or sexual violence may provide documentation or third-party verification, if possible, as evidence of the domestic or sexual violence. If an individual is unable to obtain documentation or third-party verification, then self-attestation shall suffice to establish eligibility for a good cause waiver based upon domestic or sexual violence. The following shall establish eligibility for a good cause waiver:

(1) Documentation, including law enforcement records, court records, medical or treatment records, social service records, and child protective service records.

(2) Third-party verification of domestic or sexual violence from any entity or individual who has knowledge of the circumstances which serve as the basis for the good cause waiver, including, but not limited to:

(A) a domestic violence or sexual violence service provider;

(B) a clergy member or religious leader;

(C) a medical, psychological, or social service provider;

(D) a law enforcement professional;

(E) a legal representative; or

(F) an acquaintance, friend, relative, or neighbor of the claimant, or any other individual.

(3) Self-attestation. If an individual is unable to obtain any of the items of evidence or documentation described in paragraphs (1) and (2), then the individual may self-affirm that he or she cannot safely comply with a TANF program requirement due to domestic or sexual violence.

(e) The Department shall create a Family Safety Notice form that:

(1) describes domestic and sexual violence;

(2) list the waivers available for TANF recipients who are victims of domestic or sexual violence;

(3) describes the Department's procedure and appeal process when making a determination as to an individual's eligibility for a good cause waiver;

(4) lists the contact information of an available statewide domestic and sexual violence organization; and

(5) provides a verification form that:

(A) defines a good cause waiver claim;

(B) lists acceptable documentation to support a claim of domestic or sexual violence as described in paragraph (1) of subsection (d);

(C) describes the entities and individuals permitted to provide third-party verification of domestic or sexual violence as provided in paragraph (2) of subsection (d);

(D) explains that the if an individual is unable to obtain any of the documentation or third-party verification described in paragraphs (1) and (2) of subsection (d), the individual may self-affirm that he or she cannot safely comply with a TANF program requirement due to domestic or sexual violence.

The Department shall not require an individual applying for or receiving TANF benefits to obtain an order of protection or to leave the alleged abuser in order to obtain a good cause waiver.

A good cause waiver determination based on domestic or sexual violence shall be made within 15 calendar days from the date the claim was initiated by the individual.

(f) Crisis assistance funding. If an individual is TANF eligible and is provided a good cause waiver, the Department must inform the individual of crisis assistance funding, upon availability. When available, the Department shall provide funding of no less than $1250 to eligible individuals and families for 4 months.

(g) (b) The Illinois Department shall develop and monitor compliance procedures for its employees, contractors, and subcontractors to ensure that any information pertaining to any client who claims to be a past or present victim of domestic violence or an individual at risk of further domestic violence, whether provided by the victim or by a third party, will remain confidential.

(h) (c) The Illinois Department shall develop and implement a domestic violence training curriculum for Illinois Department employees who serve applicants for and recipients of aid under this Article. The curriculum shall be designed to better equip those employees to identify and serve domestic violence victims. The Illinois Department may enter into a contract for the development of the curriculum with one or more organizations providing services to domestic violence victims. The Illinois Department shall adopt rules necessary to implement this subsection.

(i) The Department shall adopt rules necessary to implement the amendatory changes made to this Section by this amendatory Act of the 104th General Assembly.

(j) The Department shall report data on the State's TANF caseload, the number of individuals applying for a good cause waiver, and the number of waivers granted. The Department shall provide the number of individuals eligible and applying for crisis assistance funding under this Section as part of its annual report to the General Assembly. The report shall exclude any personally identifiable information.

(Source: P.A. 96-866, eff. 7-1-10.)