Public Act 099-0746
 
SB2906 EnrolledLRB099 18090 KTG 42455 b


  
    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 9A-8 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 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:


        (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.    
No participant may be assigned to any
component of the 
education, training and employment activity
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, sexual 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.  In the
assessment process, the 
Department shall offer to include standard
literacy testing
and 
a determination of
English language proficiency and shall 
provide it for those who accept the
offer.
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. The Department shall treat 
    participation in high school and high school equivalency 
    programs as a core activity and count participation in high 
    school and high school equivalency programs toward the 
    first 20 hours per week of participation. The Department 
    shall approve participation in high school or high school 
    equivalency programs upon written or oral request of the 
    participant if he or she has not already earned a high 
    school diploma or a high school equivalency certificate. 
    However, participation in high school or high school 
    equivalency programs may be delayed as part of an 
    applicant's or recipient's personal plan for achieving 
    employment and self-sufficiency if it is determined that 
    the benefit from participating in another activity, such 
    as, but not limited to, treatment for substance abuse or an  
    English proficiency program, would be greater to the 
    applicant or recipient than participation in high school or 
    a high school equivalency program. The availability of high 
    school and high school equivalency programs may also delay 
    enrollment in those programs. The Department shall treat 
    such activities as a core activity as long as satisfactory 
    progress is made, as determined by the high school or high 
    school equivalency program. Proof of satisfactory progress 
    shall be provided by the participant or the school at the 
    end of each academic term; 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. 96-866, eff. 7-1-10.)