Section 130.10  Program Administration

The Department provides services directly and contracts with other State agencies and public and private agencies for the provision of social services utilizing Title XX Social Service Block Grant Funds, as provided in Title XX of the Social Security Act (42 U.S.C. 1397 et seq.).

Section 130.15  Definitions

"Community Services Agreement" means the agreement between the Department and a provider of social services detailing the activities to be performed by the provider and the manner and amount of payment a provider is to receive.

"Donated Funds Initiative" means the funding mechanism established by the State to make federal funds available to local service providers on a cost sharing basis through the Local Initiative Fund or the Special Purposes Trust Fund.

"In-kind Contributions" means property or services that benefit a federally assisted project or program and that are contributed by non-federal sources or allowable sources without charge to the grantee, or a cost reimbursement type contractor under the Community Services Agreement.

"Local Initiative Fund" means the State account, established outside the treasury, used to receive and disburse federal funds to be utilized to reimburse contract social service providers for services provided.

"Public" means local governmental units, i.e., cities, counties, townships, villages, colleges/universities, and/or mental health boards.

"Report on Projected Expenditures for the Title XX Social Services Block Grant" means the report that describes the intended use of funds made available through the Title XX Social Services Block Grant.

"Service Provider" means any entity that provides social services either directly or through contract with the Department or through subcontract.

"Social Services" means services included and defined in the State of Illinois Report on Projected Expenditures for the Title XX Social Services Block Grant.

"Sponsoring Agency" means any State department described in the Report on Projected Expenditures for the Title XX Social Services Block Grant as collaborating with the Department in planning for the provision of social services under the auspices of the Title XX Social Services Block Grant.

"Title V" means the Maternal and Child Health Services Block Grant.

"Title XVIII" means the Health Insurance for the Aged and Disabled.

"Title XIX" means Grants to States for Medical Assistance programs.

"Title XX Social Services Block Grant" means the consolidated federal assistance granted to states in a single grant, increasing state flexibility in using social service grants, and encouraging each state, as far as practicable, to furnish services directed at one or more of the five national goals.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.20  Goal of Services

The Department shall determine the services it intends to provide with the Title XX Social Services Block Grant Funds. Services must be directed at one or more of the following national goals:

a)         achieving or maintaining economic self-support to prevent, reduce or eliminate dependency;

b)         achieving or maintaining self-sufficiency, including reduction or prevention of dependency;

c)         preventing or remedying neglect, abuse or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating or reuniting families;

d)         preventing or reducing inappropriate institutional care by providing for community-based care, home-based care or other forms of less intensive care; and

e)         securing referral or admission for institutional care when other forms of care are not appropriate or providing services to individuals in institutions.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.25  Service Activities

The Department shall provide each sponsoring agency with a description of all such service activities for inclusion in the Report on Projected Expenditures for the Title XX Social Services Block Grant.  Examples of the service activities include, but are not limited to, counseling, employment and training, transportation, health support, community maintenance, child care, and rehabilitation and treatment for substance abuse.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.30  Expenditure of Block Grant Funds

Expenditures for social services that are used as a basis for claiming the annual federal allocation of the Title XX Social Services Block Grant program funds may include expenditures for:

a)         administration (including planning and evaluation);

b)         personnel training and retraining directly related to the provision of services included in the Report on Projected Expenditures for the Title XX Social Services Block Grant; and

c)         conferences or workshops and training or retraining through grants to non-profit organizations within the meaning of Section 501(c)(3) of the Internal Revenue Code or to individuals with social services expertise, or through financial assistance to individuals participating in such conferences, workshops, and training or retraining.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.35  Limitations on Services and Expenditures

Pursuant to 42 USC 1397d, funds made available through the Title XX Social Services Block Grant may not be used:

a)         for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility;

b)        for the provision of cash payments for costs of subsistence or for the provision of room and board (other than costs of subsistence during rehabilitation, room and board provided for a short term as an integral but subordinate part of a social service, or temporary emergency shelter provided as a protective service) 45 CFR 96.71(a) (2001);

c)         for the provision of medical care (other than family planning services, rehabilitation services, or initial detoxification of an alcoholic or drug dependent individual) unless it is an integral but subordinate part of a social service for which grants may be used under Title XX;

d)        for social services (except services to an alcoholic or drug dependent individual or rehabilitation services) provided in and by employees of any hospital, skilled nursing facility, intermediate care facility, or prison, to any individual living in such institutions;

e)         for the payment of the wages of any individual as a social service (other than payments of the wages of welfare recipients employed in the provision of child day care services);

f)         for the provision of any educational service the State makes generally available to residents without cost and without regard to income (the School Code [105 ILCS 5/Art. 14]);

g)        for any child day care services unless such services meet applicable standards of State and local law (the Child Care Act of 1969 [225 ILCS 10]);

h)        for the provision of cash payments as a service (except as otherwise provided in 42 USC 1937);

i)         for the payment for any item or service (other than an emergency item or service) furnished:

1)         by an individual or entity during the period when the individual or entity is excluded under Title XX, Title V, Title XVIII, or Title XIX pursuant to 42 USC 1320a-7, 1320a-7a, 1320c-5 or 1395u(j)(2); or

2)         at the medical direction or on the prescription of a physician during the period when the physician is excluded under Title XX, Title V, Title XVIIIa, or Title XIX pursuant to 42 USC 1320a-7, 1320a-7a, 1320c-5 or 1395u(j)(2) and when the person furnishing the item or service knew or had reason to know of the exclusion after a reasonable time period and after reasonable notice has been furnished to the person; or

j)         in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 (42 USC 14401 et seq.).

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.40  Eligibility For Services

a)         The Department, through the Report on Projected Expenditures for the Title XX Social Services Block Grant, shall define the criteria on which eligibility for services so provided will be based.

b)         The service provider shall further define the characteristics for the population to be served in accordance with the mission or inherent responsibility of the sponsoring agency as promulgated in official policy and/or State administrative rule, as appropriate, for the sponsoring agency.

c)         Standards for eligibility shall be based on:

1)         characteristics of the individuals to be served that are verifiable (i.e., age, residence, handicap, or area of residence); and/or

2)         common characteristics of individuals that would document a need for the service to be provided, as directed by the sponsoring agency; and/or

3)         eligibility for child care for children may be based on family income.  Fees may be assessed for this service in accordance with State law and administrative policies of the Department.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.45  Opportunity to Apply For and Receive Services

a)         Service providers shall provide each individual wishing to do so an opportunity to apply for services offered through the  Title XX Social Services Block Grant.

b)         To the extent that financial and program resources are available, all service providers shall provide services to clients determined eligible in accordance with established criteria.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.46  Client Case Records

Service providers participating in the Title XX Social Services Block Grant must maintain client case record information set forth in the contractual agreements.  Examples of the case record documentation include, but are not limited to, intake, assessment of service needs, reassessment of service needs, and service plans.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.50  Purchase of Services

The Department may purchase social services for eligible clients through the Title XX Social Services Block Grant under the following conditions:

a)         A written contractual agreement must be executed between the Department and the service provider that meets all requirements of the Illinois Procurement Code [30 ILCS 500] and federal regulations (45 CFR 96, 2001) established for the administration of the Title XX Social Services Block Grant program. 

b)         The service provider is subject to audit under terms of the contractual agreement in accordance with 42 USC 1397(e) and Section 130.85 of this Part.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.60  Record Retention

a)         Service providers must assure the maintenance of records as enumerated in the contractual agreement, necessary for the proper and efficient administration of services provided with Title XX Social Services Block Grant funds. 

b)         In accordance with the contractual agreement, all records shall be maintained for a period of five years beyond the close of the fiscal year in which the expenditures occurred, unless there is an audit in which case the records shall be maintained until the audit is concluded.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.70  Fees For Purchased Services (Repealed)

(Source:  Repealed at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.71  Fees For Services Provided Through Grants-In-Aid (Repealed)

(Source:  Repealed at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.80  Reporting Requirements

Annually service providers shall provide the Department, in a manner set forth in the contractual agreements, with reports pertaining to activities carried out with Title XX Social Services Block Grant funds.  The Department reserves the right to require additional reporting based on data collection needs.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.85  Reporting and Audit Requirements

a)         The Department shall, not less frequently than every two years, cause the records of expenditures and services delivered by service providers receiving Title XX Social Services Block Grant funds to be audited in a manner set forth in the contractual agreements.

b)        Such audits shall be conducted by an independent entity in accordance with generally accepted auditing standards, Government Auditing Standards (1988) and OMB Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations".

c)         A representative sample of service providers' client case records shall be tested for compliance with reporting requirements established in Section 130.46 of this Part and reconciled to monthly service reports forwarded to the Department.

d)        For those contracts requiring the service provider to obtain/provide matching funds, a representative sample of the service providers' matching fund receipts/transfers shall be tested for compliance with the requirements established in Subpart B, Sections 130.150 through 130.160 of this Part.

(Source:  Added at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.100  Applicability of Other Sections

Subpart A of this Part is applicable to the Local Initiative Fund.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.110  Overview

a)         The Local Initiative Fund was established to make a portion of the Title XX Social Services Block Grant monies received by the Department available to local public and private service providers.  This fund is also the mechanism for funding the Donated Funds Initiative.

b)         The Department will make use of the Local Initiative Fund as governed by the appropriations authority established by the Illinois General Assembly (Section 12-10.1 of the Illinois Public Aid Code [305 ILCS 5/12-10.1]) for the purpose of purchasing social services.  This authority is through the appropriation from the Local Initiative Fund, which is the designated account into which the Department receives federal funds and out of which it reimburses up to 75% of the costs of services provided under the Donated Funds Initiative.

c)         The Department shall decide if and when to co-fund service programs utilizing locally generated funds for a portion of the service program. This decision will be based upon the ability of the provider to assure the availability of the co-payment share, the eligibility of the services to be provided, past experience with the provider in the provision of services, record keeping and general contractual compliance, availability of State and federal funds, the need for the service in the geographic area as evidenced by research available to the Department concerning the need for services, the recommendations of sponsoring agencies and the best interests of the client population.  The Department reserves the right to unconditionally refuse to contract with any provider. Opportunities may be made available to sponsoring agencies to solicit proposals from service providers under the donated funds initiative, through issuance of a Request for Proposal at such times as funds are available due to increases in the agency's allocation or the withdrawal of an existing provider.  All the conditions for funding must be approved by the Department

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.120  Program Administration

a)         The Local Initiative Fund is administered by the Department through contracts with public and private non-profit agencies that provide social services to people who are elderly, people with developmental disabilities, neglected children and adults, people with physical disabilities, offenders and ex-offenders, victims of domestic violence and other low-income individuals.

b)         Public and private non-profit service providers are subject to the supervision of the Department for the management of the Donated Funds Initiative program.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.130  Request For Proposal

If previously obligated or new funds are made available, the Department may prepare a Request for Proposal, in accordance with Central Management Services Standard Procurement rules (44 Ill. Adm. Code 1).  The Request for Proposal will contain information that describes the Donated Funds Initiative including the 25% (10% for family planning services) match requirement, the services to be provided, the target population, the activities that may be expected of the service provider and the Department and the evaluation criteria.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.140  Sponsoring Agency Responsibilities

Each sponsoring agency must:

a)         Provide reasonable and necessary technical assistance to applicants (i.e., clarifications and instructions on completing materials);

b)         Advise the Department of changes in programs or targeted client populations that may require revisions in the Report on Projected Expenditures for the Title XX Social Services Block Grant; and

c)         Assure that each service provider receives instructions and all necessary forms to document and report service provision and financial information and, where applicable, determine eligibility.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.150  Funding Mechanism

Public or private not-for-profit agencies providing services funded through the Local Initiative Fund are required to provide cash and in-kind contributions for 25% of the cost of the program being funded (10% in the case of family planning services).  No more than 15% (4% in the case of family planning services) of the total cost of the program may be represented by in-kind contributions.  The other 75% (90% in the case of family planning services) is made available from federal funds provided through the Title XX Social Services Block Grant.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.152  Sources of Local Funds

a)         Local funds constitute 25% (10% for family planning services) share of expenditures when the funds are provided for in either of two ways:

1)         Transferred Funds or In-kind Contributions – Contributing non‑federal agencies or individuals make cash transfers of funds directly to the service provider for subsequent expenditure on services or qualifying non-cash contributions. These funds/contributions must be placed in separate accounts, or otherwise separately identified along with the State's share of the funds identified in the Donated Funds Initiative agreement.

2)         Certification of Expended Funds – Public agencies may certify that their expenditures were for Title XX eligible services to eligible individuals.

b)         In subsection (a)(1), the funds/contributions are donated by or to the provider and are under the provider's administrative control prior to billing the Department.  The value of third-party, in-kind goods and services must be verifiable in the service provider’s records and directly benefit, and be specifically identifiable to, the project or program. In subsection (a)(2), no transfer takes place; rather, the contributing public agency retains the administrative control and certifies to the State that 100% of the costs reported to the Department were incurred for Title XX eligible services.  In turn, the State reimburses the agency for 75% (90% for family planning services) of the service costs.

c)         Local public agencies whose co-payment share (or certified expenditures) are derived from sources in addition to their own tax generated monies must segregate private sources from public sources of funds, and all funds must be unencumbered at the time of utilization in the program and meet all federal l and State restrictions.  Otherwise, funds from private vendors must be regarded as private funds and are not subject to certification.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.154  Sources of Locally Generated Funds and In-kind Contributions Used to Match Title XX Funds

a)         In-kind contributions or co-payment funds from private or public sources may not be derived from restricted federal or State funds, nor may they be used as the match for other federal or State programs.

b)         Funds derived from this program may not be used as match to gain additional federal or State funds except as provided by law.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.158  Donor Restrictions on Donations (Repealed)

(Source:  Repealed at 9 Ill. Reg. 8645, effective May 22, 1985)

Section 130.160  Reimbursement Process – Donations (Transferred Funds or Co‑Payments)

a)         Contributing public or private agencies make cash transfers or establish special accounts or ledgers equal to 25% (10% for family planning services) of their contract.

b)         No payment will be made to a provider without documentation that 25% (10% for family planning services) of the vouchered amount (local match) has been received by the provider and is in a separate account or separately identified in the provider's books. The service provider will then be reimbursed by the State for 75% (90% for family planning services) of the eligible amount.  All agreements and requirements for the reimbursement process are contained in the Community Services Agreement.

c)         In the event costs are determined inappropriate for claiming:

1)         The State will assume financial responsibility for the 75% (90% for family planning services) share when the Department has determined through audit procedures that the reason for the deferral, disallowance or costs that are determined inappropriate for claiming is not directly related to a violation of the Community Services Agreement by the service provider.

2)         The service provider must assume full financial responsibility if a violation of the agreement requirements by the service provider has occurred, as determined by the Secretary of the Department.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.161  Advance Disbursement System (Repealed)

(Source:  Repealed at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.162  Reimbursement Process (Certification of Expended Funds)

a)         Public agencies may certify that they made expenditures for Title XX eligible services to eligible clients. Certification of expenditures involves no cash transfer.  The certifying agency provides the 25% (10% for family planning services) match by providing for 100% of the costs and is then reimbursed by the State for 75% (90% for family planning services) of the eligible expenditures.  All agreements and requirements for the reimbursement process are contained in the Community Services Agreement.

b)         Financial liability resulting from a deferral or disallowance or a determination that costs are not eligible for reimbursement must be borne solely by the certifying public agency.

(Source:  Amended at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.170  Assignment of Budget Costs (Repealed)

(Source:  Repealed at 27 Ill. Reg. 9452, effective June 9, 2003)

Section 130.200  Domestic Violence Shelter and Service Programs

a)         The Department shall fund domestic violence programs from the Domestic Violence Shelter and Service Fund, General Revenue Fund, and the Local Initiative Fund, and other appropriated funds.

b)         Delivery of services shall be provided by local private not-for-profit or public agencies throughout the State which:

1)         Meet State and local health, safety and zoning requirements;

2)         Can provide a broad range of quality services and referrals to victims of domestic violence; and

3)         Assure the health and safety of victims of domestic violence.

c)         To receive funds, a direct service provider must provide matching funds at a percentage level of the cost of the program being funded, as identified in the program proposal submitted to and accepted by the Department. The percentage level of matching funds shall be calculated and applied annually by the Department, and shall be a weighted average based upon total levels of appropriated funding sources, and the required match for each source.  The required match for Local Initiative funds is 25%.  The required match for Domestic Violence Shelter and Service Funds and General Revenue Funds is 13% cash or in-kind, with not more than 6.5% representing in-kind contributions (except those funds governed by P.A. 86-0559).

d)         The Department shall establish a Domestic Violence Advisory Council and shall receive recommendations from the Council on the provision of services to domestic violence victims and on program funding. No person who has a conflict of interest may participate in recommendations regarding program funding.

(Source:  Amended at 16 Ill. Reg. 13292, effective September 1, 1992)

Section 130.300  Program Administration

a)         The Department shall administer a program for the distribution of Federal Commodities to needy individuals and households made available in The Emergency Food Assistance Program (TEFAP) (7 CFR 250 and 251) by contracting with private, not-for-profit agencies to establish a statewide network for emergency feeding and commodity distribution.

b)         In no instance may fees be assessed against recipients of commodities under the program.

c)         The receipt of commodities under this program shall not affect an individual's or household's eligibility for assistance under any other program administered by the Department, and the commodities received shall not be considered as income in determining the level of assistance program benefits to which the individual or household may be entitled.

d)         Participation in political or religious activities or affiliation with any organization shall not be made a condition of eligibility to receive commodities.

e)         Individuals and households shall be eligible to receive Federal Commodities if they meet the following criteria:

1)         reside in Illinois; and

2)         have individual or household income that is no greater than 130% of the federal poverty income levels published annually in the Federal Register by the U.S. Department of Health and Human Services.

(Source:  Amended at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.301  Definitions (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.302  Allocation Methodology for Federal Surplus Commodities (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.310  Distribution Network Agencies (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.311  Local Distribution Centers (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.312  Liability of Distribution Network Agencies (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.313  Reports and Maintenance of Records (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.314  Payment for Distribution (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.315  Second Harvest Shared Maintenance Fees (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.320  Eligibility to Receive Commodities (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.321  Issue Rates of Commodities (Repealed)

(Source:  Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.322  General Program and Provider Requirements

a)         Program Reports

1)         The provider shall submit reports to the Department no later than 21 days after the end of each month.

2)         The monthly report will include the following information:

A)        a completed DHS 3121, Foodbank Monthly Report, containing a record of all commodities received and dispersed, the total number of households and meals served, beginning and ending inventory information and a statement of total net weight pounds of commodities distributed;

B)        a copy of the USDA shipping notices and/or invoices from the Department contracted warehouse and trucking company; and

C)        a completed DHS monthly expenditure report.

3)         Further food deliveries or payments may not be made if the required reports are not submitted within the specified time frames.

b)         Distribution

1)         Selection of Distribution Sites

A)        The provider shall have the right to enter into written subcontracts with distribution sites for the purpose of assisting in the distribution of foods received under this program.  DHS reserves the right to approve all sites subcontracted for distribution of commodities.

B)        The provider has responsibility for distributing commodities to the distribution site; monitoring distribution site activities for compliance with all applicable rules, regulations and policies; and training distribution site staff.

C)        All agreements with distribution sites shall be in writing and a copy of the agreement shall be available for review by DHS.

D)        The Department is to be notified immediately, in writing, of distribution site additions or cancellations.  The Department reserves the right to exclude any distribution site from program participation.

2)         Operating Hours

The provider will be required to submit to the Department the operating schedule for each distribution site in the program.  Sites must be open a minimum of 2 hours weekly unless a specific exemption is granted to the site by the Department as a rural exemption.

3)         Allocation Plan

A)        The provider will provide each county in its service area the amount of USDA commodities as specified in the Department's monthly allocation notices.

B)        The provider must have an allocation plan based upon objective service data to determine the amount of commodities that distribution sites within each county receive.  Service data includes the number of households or individuals served in food pantries and the number of meals served in soup kitchens.

4)         Public Outreach

The provider and its distribution sites must conduct public outreach activities throughout its jurisdiction that encourage participation and inform potential participants of the availability and hours of operation of the distribution site.

5)         Recipient Eligibility

The provider must agree to adhere to the income eligibility guidelines as specified by the Department as a basis for the determination of eligible households.

6)         Monitoring of Distribution Sites

A)        The provider is responsible for program oversight of contracted distribution sites.

B)        The provider must assure that commodities reach eligible households and individuals without waste or fraud.

C)        All distribution sites under contract with the provider must be monitored at least once every two years by the provider.

7)         Receipt, Storage and Delivery Specifications

A)        The provider will assure that all commodities are held in a secure, adequate and proper storage facility prior to distribution.

B)        The provider will comply with storage directives, fact sheets, and storage handbooks as compiled and issued by USDA, Rules and Regulations of the Illinois Department of Public Health, Division of Food and Drugs, and any specific directions of the Department.

C)        The Department reserves the right to approve commodity distribution sites and storage facilities prior to awarding any contract and during the contract year.

c)         Administrative Recordkeeping

1)         The provider shall maintain accurate and complete books and records pertaining to the provider's operations.

2)         The records shall include, but not be limited to, commodity receipts, disbursements, inventory controls, distribution site operations, provider operational expenses and documentation of expenditures incurred.

3)         Distribution sites are responsible for collecting the names, addresses, and signatures of individuals receiving commodities and the client attestation of income eligibility.

4)         Distribution sites must report the number of households served each month or the number of meals served each month, as applicable.

d)         Department Monitoring

Representatives of the Department may perform periodoc monitoring reviews, during normal business hours, of the management practices, fiscal procedures or any other aspects of the operations of the provider and its distribution sites.

e)         Liability

1)         The provider shall be responsible for the safekeeping of commodities. This responsibility shall be limited to loss or damage caused by failure to provide proper storage, care and handling.

2)         The provider shall be responsible for assuring that distribution sites provide proper handling, care and storage of commodities.

3)         The provider will assume liability for loss of USDA donated foods caused by failure to provide proper storage, care or handling; theft; fire; and natural occurrences.

4)         Losses at or above $100 must be immediately reported to the Department.

5)         The provider may be financially responsible for the value of commodity losses.

f)         The sale or other disposal of commodities into commercial channels is strictly prohibited.

g)         Complaints

The provider shall maintain procedures for handling, investigating and resolving complaints.  All complaints shall be immediately forwarded to the Department.  The provider and all of its distribution sites further agree to cooperate fully with the Department in the investigation of all complaints received in connection with the distribution of commodities.

(Source:  Added at 24 Ill. Reg. 13669, effective August 23, 2000)

Section 130.400  Emergency Food and Shelter Program

a)         The Department shall provide for the delivery of services to homeless persons (for definition of "homeless", see 89 Ill. Adm. Code 121.7(a)(3)).

b)         The services will include one or more of the following elements:

1)         provision of emergency food and shelter to homeless persons;

2)         provision of ancillary services (e.g., counseling, job training, advocacy) to homeless persons; and

3)         rehabilitation of new or existing buildings to create additional shelter beds or to upgrade facilities for homeless persons.

c)         Participation in or contributions to any service provider's functions or activities not directly related to the provision of emergency food and shelter services shall not be required as a condition of recipient eligibility.

(Source:  Amended at 50 Ill. Reg. 1113, effective January 12, 2026)

Section 130.500  Incorporation By Reference

Any rules or regulations of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified, and do not include any later amendments or editions.

(Source:  Amended at 15 Ill. Reg. 16111, effective November 1, 1991)

Section 130.600  Illinois Farm to Food Bank Program

a)         The Department shall administer the Illinois Farm to Food Bank Program (Program) to help expand the availability of nutritious, locally grown, raised, or processed foods originating from Illinois farmers for Illinois' emergency food system. [305 ILCS 44/10(a)]

b)         Foods acquired through the Program shall be surplus, seconds, or market-grade quality levels and must be safe for consumption. [305 ILCS 44/10(b)]

c)         No fees may be assessed on foods from the Program to recipient distribution sites or programs, nor to individuals or households.

d)         Food banks that are part of the Statewide network for emergency feeding and commodity distribution described in 89 Ill. Adm. Code 130.300 are eligible to participate.

e)         The Secretary shall engage a not-for-profit entity from Illinois' emergency food system to administer the Program (hereafter called administering entity).  The administering entity shall have statewide reach and represent multiple food banks that source and distribute food to Illinois food pantries and soup kitchens under the same authorities and standards as the Emergency Food Assistance Program administered by the Department [305 ILCS 44/15].

f)         Funding shall be allocated to each participating food bank according to the allocation formula currently utilized for TEFAP (7 CFR 250 and 251).  TEFAP uses a Fair-Share System which is based on poverty and unemployment rates in each food bank's service area relative to the total for the state. The administering entity may reallocate to the remaining participating food banks any funding that is not accepted or obligated before the end of the State fiscal year.

g)         To receive funds made available by the Department under this Section, a participating food bank shall provide a 100% match to Farm to Food Bank resources with non-state funds.  The match can be met through cash or in-kind contributions. [305 ILCS 44/25(b)]

h)         Program funds may be used for the acquisition and distribution of food, administrative expenses, and capacity-building grants.  No less than 75% of available funds shall be dedicated to acquisition and distribution of food, including, but not limited to:

1)         Picking;

2)         Packing;

3)         Processing; and

4)         Transportation. [305 ILCS 44/10(c)]

i)          Program participants shall comply with the following regulations:

1)         The 2022 U.S. Food and Drug Administration (FDA) Food Code, available at: https://www.fda.gov/media/164194/download;

2)         The Department of Public Health's Food Code (77 Ill. Adm. Code 750);

3)         The Food Handling Regulation Enforcement Act [410 ILCS 625]; and

4)         Other specific directives issued by the Department (see Section 130.322(b)(7)(B)).

j)          The Program shall provide grants to improve capacity of the emergency food system to allow for the proper transportation, storage, or distribution of agricultural products to underserved areas. [305 ILCS 44/10(a)(2)]  An underserved area is defined as a community that has not had access or equitable access to food and is facing nutrition insecurity.  The Farm to Food Bank Advisory Council [305 ILCS 44/20] shall review and advise the administering entity on capacity-building grants for:

1)         Facility upgrades;

2)         Equipment; or

3)         Other applicable investments necessary to support the objectives of the Program and allow for the proper pickup, storage, or processing of agricultural products that expand the ability of Illinois' emergency food system to access these products and better reach underserved areas and underserved populations. [305 ILCS 44/30]

k)         Non-State matching funds are required for capacity-building grants; however, the administering entity may waive the matching requirement unless the grant recipient is a food bank. Entities that participate in the distribution of agricultural products to underserved communities shall be eligible to receive capacity-building grants, including, but not limited to:

1)         Agricultural entities (An "agricultural entity" means a grower, producer, or processor of farm or dairy products, meat, poultry, fruits and agricultural products that are grown, raised, harvested, or processed in Illinois. [305 ILCS 44/5]);

2)         Illinois-based aggregators,

3)         Food banks; and

4)         Private non-profit or public agencies that provide meals or food to needy persons (such as food pantries, soup kitchens, hunger relief centers, or other feeding programs).

l)          Each participating food bank shall be given the option to:

1)         Receive all or part of its funding allocation to contract directly with agricultural entities; and

2)         Elect for the administering entity to retain all or part of the food bank's funding allocation to contract with agricultural entities on behalf of the food bank.

m)        The administering entity shall establish additional goals, preferences, and incentives to advance equity, especially racial equity, in the farm industry. Priority should be given to acquiring food from socially disadvantaged farmers and ranchers, as defined in, the USDA Local Food Purchase Assistance Cooperation Agreement Program (LFPA) Section 1005 (b)(3) of the American Rescue Plan Act of 2021 (P.L. 117-2).

n)         The administering entity shall:

1)         Develop and submit to the Department an annual plan outlining anticipated needs, outreach efforts, potential challenges, and any changes that may affect the program from the prior year; and

2)         Issue and submit to the Department an annual report that summarizes the activity from the prior year, including meeting the capacity-building and equity goals of the program. [305 ILCS 44/15(b)(1) and (2)]

(Source:  Added at 49 Ill. Reg. 7328, effective May 9, 2025)