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91_HB0650eng
HB0650 Engrossed LRB9104312SMdv
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 1-12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 adding Section 1-12 as follows:
7 (305 ILCS 5/1-12 new)
8 Sec. 1-12. Domestic violence option.
9 (a) Findings. The General Assembly finds that:
10 (1) domestic violence may make it difficult for
11 some individuals to attain economic self-sufficiency; and
12 (2) no individual or family should be unfairly
13 penalized because past or present domestic violence or
14 the risk of domestic violence causes them to fail to
15 comply with requirements for assistance.
16 (b) Definition of domestic violence. For purposes of
17 this Section:
18 "Domestic violence" means battering or subjecting a
19 person to extreme cruelty by (i) physical acts that result in
20 or threaten to result in physical injury; (ii) sexual abuse;
21 (iii) sexual activity involving a dependent child; (iv)
22 forcing the person to participate in nonconsensual sexual
23 acts or activities; (v) threats of, or attempts at, physical
24 or sexual abuse; (vi) mental abuse; or (vii) neglect or
25 deprivation of medical care.
26 (c) Protection of applicants and recipients who are
27 victims of domestic violence. In recognition of the reality
28 of domestic violence for many individuals who may need
29 Temporary Assistance for Needy Families (TANF), the State of
30 Illinois adopts the Domestic Violence Option of Section
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1 402(a)(7) of the Social Security Act.
2 The Department of Human Services, in operation of the
3 TANF program under Article IV, shall:
4 (1) Screen and identify applicants and recipients
5 of assistance for TANF who are past or present victims of
6 domestic violence or at risk of further domestic
7 violence, while maintaining confidentiality.
8 (2) Refer these individuals for counseling and
9 supportive services.
10 (3) Waive, pursuant to a determination of good
11 cause, any program requirements that would make it more
12 difficult for these individuals to escape domestic
13 violence or unfairly penalize past or present victims of
14 domestic violence or those at risk of further domestic
15 violence, such as time limits on receiving assistance,
16 paternity establishment, child support cooperation
17 requirements, residency requirements, and family cap
18 provisions. When granting waivers under this Section,
19 the Department shall determine a specific relationship
20 between the domestic violence suffered by the client and
21 the need to waive a requirement because domestic violence
22 makes it more difficult or impossible for the client to
23 meet the requirement.
24 In addition, the Department shall, in the assessment
25 process to develop a personal plan for self-sufficiency, take
26 the factor of domestic violence into account in determining
27 the work, education, and training activities that are
28 appropriate, including temporarily waiving any work,
29 education, or training requirement, and in establishing good
30 cause for failure to cooperate in the plan.
31 (d) Evidence of domestic violence. Allegations of
32 domestic violence by a victim shall be corroborated by
33 further evidence. Evidence may include, but is not limited
34 to, police, governmental agency, or court records;
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1 documentation from a shelter worker, legal, clerical,
2 medical, or other professional from whom the applicant or
3 recipient has sought assistance in dealing with domestic
4 violence; or other corroborating evidence, such as a
5 statement from any other individual with knowledge of the
6 circumstances which provide the basis for the claim, physical
7 evidence of domestic violence, or any other evidence that
8 supports the statement.
9 That an applicant or recipient is a past or present
10 victim of domestic violence or at risk of further domestic
11 violence may be established at any time.
12 (e) An applicant or recipient may decline to participate
13 in services specifically directed at domestic violence, or
14 may terminate participation in such services, without penalty
15 or sanction.
16 (f) The Department shall develop and monitor policies
17 and procedures to comply with this Section. Those policies
18 and procedures include, but are not limited to,
19 identification of victims of domestic violence, notification
20 to applicants and recipients, maintaining confidentiality,
21 referral to services, granting waivers, determining evidence
22 of domestic violence, and training of the Department's
23 employees.
24 (305 ILCS 5/4-22 rep.)
25 Section. 10. The Illinois Public Aid Code is amended by
26 repealing Section 4-22.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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