093_HB3022eng

 
HB3022 Engrossed                     LRB093 10021 DRJ 10271 b

 1        AN ACT in relation to public aid.

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

 4        Section 5.  The Illinois Public Aid Code  is  amended  by
 5    changing  Sections  9A-3,  9A-5,  9A-7,  9A-8,  and  9A-9  as
 6    follows:

 7        (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
 8        Sec.   9A-3.  Establishment   of  Program  and  Level  of
 9    Services.
10        (a)  The Illinois Department shall establish and maintain
11    a program to provide recipients with services consistent with
12    the purposes and provisions of  this  Article.   The  program
13    offered in different counties of the State may vary depending
14    on  the resources available to the State to provide a program
15    under this Article, and no program may  be  offered  in  some
16    counties, depending on the resources available.  Services may
17    be  provided  directly  by the Illinois Department or through
18    contract.  References to the Illinois Department or staff  of
19    the  Illinois  Department  shall include contractors when the
20    Illinois Department has  entered  into  contracts  for  these
21    purposes.    The   Illinois  Department  shall  provide  each
22    recipient who participates with such services available under
23    the program as are necessary  to  achieve  his  employability
24    plan as specified in the plan.
25        (b)  The  Illinois  Department, in operating the program,
26    shall  cooperate  with  public  and  private  education   and
27    vocational training or retraining agencies or facilities, the
28    Illinois  State  Board  of  Education, the Illinois Community
29    College Board, the Departments  of  Employment  Security  and
30    Commerce   and   Community   Affairs   or   other  sponsoring
31    organizations funded under the federal  Workforce  Investment
 
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 1    Job  Training  Partnership  Act  and other public or licensed
 2    private employment agencies.
 3    (Source: P.A. 92-111, eff. 1-1-02.)

 4        (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
 5        Sec. 9A-5.  Exempt recipients.
 6        (a)  Exempt recipients under Section 9A-4  may  volunteer
 7    to participate.
 8        (b)  Services  will  be  offered to exempt and non-exempt
 9    individuals who wish to volunteer to participate only to  the
10    extent resources permit.
11        (c)  Exempt  and  non-exempt individuals who volunteer to
12    participate become program participants  upon  completion  of
13    the  initial  assessment,  development  of  the employability
14    plan, and assignment to a component. An exempt individual who
15    volunteers to participate  may  not  be  sanctioned  for  not
16    meeting  program  requirements. Volunteers who fail to attend
17    the orientation or initial assessment meetings or  both  will
18    not  be  sanctioned.   Exempt  and non-exempt individuals who
19    attend   the   orientation   meeting   and   become   program
20    participants   by   completing   the   initial    assessment,
21    development  of  the  employability plan, and assignment to a
22    component may be sanctioned  if  they  do  not  meet  program
23    requirements without good cause.
24    (Source: P.A. 92-111, eff. 1-1-02.)

25        (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
26        Sec. 9A-7.  Good Cause and Pre-Sanction Process.
27          The Department shall establish by rule what constitutes
28    good  cause for failure to participate in education, training
29    and  employment  programs,   failure   to   accept   suitable
30    employment or terminating employment or reducing earnings.
31        The  Department  shall establish, by rule, a pre-sanction
32    process  to  assist  in  resolving  disputes  over   proposed
 
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 1    sanctions and in determining if good cause exists. Good cause
 2    shall include, but not be limited to:
 3             (1)  temporary illness for its duration;
 4             (2)  court    required   appearance   or   temporary
 5        incarceration;
 6             (3)  (blank);
 7             (4)  death in the family;
 8             (5)  (blank);
 9             (6)  (blank);
10             (7)  (blank);
11             (8)  (blank);
12             (9)  extreme inclement weather;
13             (10)  (blank);
14             (11)  lack of any support service  even  though  the
15        necessary  service is not specifically provided under the
16        Department program, to the extent the lack of the  needed
17        service presents a significant barrier to participation;
18             (12)  if  an  individual is engaged in employment or
19        training or both that is consistent with  the  employment
20        related  goals  of  the  program,  if such employment and
21        training is later approved by Department staff;
22             (13)  (blank);
23             (14)  failure  of  Department  staff  to   correctly
24        forward the information to other Department staff;
25             (15)  failure   of   the  participant  to  cooperate
26        because of attendance at a test or a mandatory  class  or
27        function  at  an educational program (including college),
28        when an  education  or  training  program  is  officially
29        approved by the Department;
30             (16)  failure  of  the participant due to his or her
31        illiteracy;
32             (17)  failure  of  the  participant  because  it  is
33        determined that he  or  she  should  be  in  a  different
34        activity;
 
HB3022 Engrossed            -4-      LRB093 10021 DRJ 10271 b
 1             (18)  non-receipt  by  the  participant  of a notice
 2        advising him or her of a participation  requirement.,  if
 3        documented by the participant. Documentation can include,
 4        but  is not limited to: a written statement from the post
 5        office or other informed individual: the notice not  sent
 6        to  the  participant's  last  known address in Department
 7        records; return of the notice by the post  office;  other
 8        returned  mail;  proof  of  previous mail theft problems.
 9        When determining  whether  or  not  the  participant  has
10        demonstrated  non-receipt, the Department shall take into
11        consideration a participant's history of  cooperation  or
12        non-cooperation   in   the   past.    If  the  documented
13        non-receipt of mail  occurs  frequently,  the  Department
14        shall  explore  an alternative means of providing notices
15        of participation requests to participants;
16             (19)  (blank);
17             (20)  non-comprehension of English,  either  written
18        or oral or both;
19             (21)  (blank);
20             (22)  (blank);
21             (23)  child  care  (or day care for an incapacitated
22        individual living in the same home as a dependent  child)
23        is necessary for the participation or employment and such
24        care is not available for a child under age 13;
25             (24)  failure to participate in an activity due to a
26        scheduled  job  interview,  medical  appointment  for the
27        participant or a household member, or school appointment;
28             (25)  the   individual   is   homeless.     Homeless
29        individuals   (including  the  family)  have  no  current
30        residence and no expectation of acquiring one in the next
31        30 days.  This includes individuals residing in overnight
32        and transitional (temporary)  shelters.   This  does  not
33        include  individuals  who  are  sharing  a residence with
34        friends or relatives on a continuing basis;
 
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 1             (26)  circumstances  beyond  the  control   of   the
 2        participant which prevent the participant from completing
 3        program requirements; or
 4             (27)  (blank).
 5        (b)  (Blank).
 6        (c) (1)  The  Department shall establish a reconciliation
 7        procedure to assist in resolving disputes related to  any
 8        aspect   of  participation,  including  exemptions,  good
 9        cause,  sanctions  or  proposed   sanctions,   supportive
10        services,  assessments, responsibility and service plans,
11        assignment to activities, suitability of  employment,  or
12        refusals   of   offers   of   employment.   Through   the
13        reconciliation   process  the  Department  shall  have  a
14        mechanism to identify good cause, ensure that the  client
15        is  aware  of the issue, and enable the client to perform
16        required activities without facing sanction.
17             (2)  A participant may  request  reconciliation  and
18        receive  notice  in  writing of a meeting.   At least one
19        face-to-face  meeting  may  be   scheduled   to   resolve
20        misunderstandings  or  disagreements  related  to program
21        participation  and  situations  which  may  lead   to   a
22        potential   sanction.    The  meeting  will  address  the
23        underlying reason for the dispute and plan  a  resolution
24        to   enable   the   individual  to  participate  in  TANF
25        employment and work activity requirements.
26             (2.5)  If the individual  fails  to  appear  at  the
27        reconciliation    meeting   without   good   cause,   the
28        reconciliation is unsuccessful and a  sanction  shall  be
29        imposed.
30             (3)  The reconciliation process shall continue after
31        it  is  determined  that the individual did not have good
32        cause for non-cooperation.  Any  necessary  demonstration
33        of  cooperation  on  the  part of the participant will be
34        part  of  the   reconciliation   process.    Failure   to
 
HB3022 Engrossed            -6-      LRB093 10021 DRJ 10271 b
 1        demonstrate   cooperation   will   result   in  immediate
 2        sanction.
 3             (4)  For the first instance of  non-cooperation,  if
 4        the  client  reaches  agreement  to cooperate, the client
 5        shall be  allowed  30  days  to  demonstrate  cooperation
 6        before  any  sanction  activity  may  be imposed.  In any
 7        subsequent instances of non-cooperation, the client shall
 8        be provided the opportunity to show good cause or  remedy
 9        the   situation   by   immediately   complying  with  the
10        requirement.
11             (5)  The  Department  shall  document  in  the  case
12        record the proceedings of the reconciliation and  provide
13        the client in writing with a reconciliation agreement.
14             (6)  If  reconciliation  resolves  the  dispute,  no
15        sanction  shall be imposed. If the client fails to comply
16        with the reconciliation agreement, the  Department  shall
17        then  immediately  impose  the  original sanction. If the
18        dispute  cannot  be  resolved  during  reconciliation,  a
19        sanction shall not be imposed  until  the  reconciliation
20        process is complete.
21    (Source: P.A. 90-17, eff. 7-1-97.)

22        (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
23        Sec. 9A-8.  Operation of Program.
24        (a)  At  the  time  of  application or redetermination of
25    eligibility under Article IV,  as  determined  by  rule,  the
26    Illinois  Department shall provide information in writing and
27    orally  regarding  the  education,  training  and  employment
28    program to all applicants and  recipients.   The  information
29    required  shall be established by rule and shall include, but
30    need not be limited to:
31             (1)  education   (including   literacy    training),
32        employment  and  training  opportunities  available,  the
33        criteria  for  approval  of  those opportunities, and the
 
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 1        right to request changes in the  personal  responsibility
 2        and services plan to include those opportunities;
 3             (1.1)  a  complete  list  of all activities that are
 4        approvable activities, and the circumstances under  which
 5        they are approvable, including work activities, substance
 6        abuse  or  mental  health treatment, activities to escape
 7        and prevent domestic violence,  caring  for  a  medically
 8        impaired   family   member,   and  any  other  approvable
 9        activities, together with the right to and procedures for
10        amending the responsibility and services plan to  include
11        these activities;
12             (1.2)  the   rules  concerning the lifetime limit on
13        eligibility,  including  the  current   status   of   the
14        applicant   or  recipient  in  terms  of  the  months  of
15        remaining eligibility, the criteria under which  a  month
16        will  not  count  towards  the  lifetime  limit,  and the
17        criteria under which a  recipient  may  receive  benefits
18        beyond the end of the lifetime limit;
19             (2)  supportive  services  including  child care and
20        the rules regarding eligibility for  and  access  to  the
21        child  care  assistance  program, transportation, initial
22        expenses of employment, job retention,  books  and  fees,
23        and any other supportive services;
24             (3)  the  obligation  of  the  Department to provide
25        supportive services;
26             (4)  the    rights    and    responsibilities     of
27        participants,      including     exemption,     sanction,
28        reconciliation, and good cause criteria  and  procedures,
29        termination  for  non-cooperation and reinstatement rules
30        and procedures, and appeal and grievance procedures; and
31             (5)  the types and locations of child care services.
32        (b)  The Illinois Department shall notify  the  recipient
33    in  writing of the opportunity to volunteer to participate in
34    the program.
 
HB3022 Engrossed            -8-      LRB093 10021 DRJ 10271 b
 1        (c)  (Blank).
 2        (d)  As  part  of  the  personal   plan   for   achieving
 3    employment and self-sufficiency, the Department shall conduct
 4    an    individualized    assessment   of   the   participant's
 5    employability.  Except as to participation in  the  Get-A-Job
 6    Program,   No participant may be assigned to any component of
 7    the education, training and employment activity prior to such
 8    assessment  ,  provided that a participant may be assigned up
 9    to 4 weeks of Job Search prior to such assessment.  The  plan
10    shall  include  collection of information on the individual's
11    background,  proficiencies,  skills  deficiencies,  education
12    level, work history, employment goals, interests,  aptitudes,
13    and  employment  preferences,  as  well  as factors affecting
14    employability or ability to meet  participation  requirements
15    (e.g.,  health,  physical  or mental limitations, child care,
16    family circumstances, domestic violence, substance abuse, and
17    special needs of any child of the individual).   As  part  of
18    the   plan,  individuals  and  Department  staff  shall  work
19    together to identify any supportive service needs required to
20    enable the client to participate and meet the  objectives  of
21    his   or  her  employability  plan.  The  assessment  may  be
22    conducted  through  various  methods  such   as   interviews,
23    testing, counseling, and self-assessment instruments.  In the
24    assessment  process,  the  Department  shall offer to include
25    standard literacy testing  and  a  determination  of  English
26    language  proficiency  and  shall  provide  it  for those who
27    accept the offer. for those who display a potential need  for
28    literacy or language services.  For those individuals subject
29    to  a  job  search demonstration, there may be an abbreviated
30    assessment, as defined by rule. Based on the assessment,  the
31    individual will be assigned to the appropriate activity.  The
32    decision will be based on a determination of the individual's
33    level of preparation for employment as defined by rule.
34        (e)  Recipients  determined to be exempt may volunteer to
 
HB3022 Engrossed            -9-      LRB093 10021 DRJ 10271 b
 1    participate pursuant to Section 9A-4 and must be assessed.
 2        (f)  As  part  of  the  personal   plan   for   achieving
 3    employment   and   self-sufficiency  under  Section  4-1,  an
 4    employability plan  for  recipients  shall  be  developed  in
 5    consultation with the participant.  The Department shall have
 6    final  responsibility  for  approving the employability plan.
 7    The employability plan shall:
 8             (1)  contain an employment goal of the participant;
 9             (2)  describe the services to  be  provided  by  the
10        Department,   including  child  care  and  other  support
11        services;
12             (3)  describe  the  activities,  such  as  component
13        assignment, that will be undertaken by the participant to
14        achieve the employment goal; and
15             (4)  describe any other needs  of  the  family  that
16        might be met by the Department.
17        (g)  The employability plan shall take into account:
18             (1)  available program resources;
19             (2)  the participant's support service needs;
20             (3)  the participant's skills level and aptitudes;
21             (4)  local employment opportunities; and
22             (5)  the preferences of the participant.
23        (h)  A  reassessment  shall  be  conducted  to  assess  a
24    participant's  progress  and to review the employability plan
25    on the following occasions:
26             (1)  upon  completion  of  an  activity  and  before
27        assignment to an activity;
28             (2)  upon the request of the participant;
29             (3)  if the individual is not cooperating  with  the
30        requirements of the program; and
31             (4)  if   the   individual   has   failed   to  make
32        satisfactory  progress  in  an  education   or   training
33        program.
34        Based  on the reassessment, the Department may revise the
 
HB3022 Engrossed            -10-     LRB093 10021 DRJ 10271 b
 1    employability plan of the participant.
 2    (Source: P.A. 90-17, eff. 7-1-97; 91-331, eff. 7-29-99.)

 3        (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
 4        Sec. 9A-9.  Program  Activities.   The  Department  shall
 5    establish  education,  training  and  placement activities by
 6    rule.  Not all of the same activities  need  be  provided  in
 7    each  county  in  the State.  Such activities may include the
 8    following:
 9        (a)  Education (Below post secondary).  In the  Education
10    (below  post  secondary)  activity,  the  individual receives
11    information,  referral,  counseling  services   and   support
12    services  to  increase the individual's employment potential.
13    Participants may  be  referred  to  testing,  counseling  and
14    education  resources.   Educational  activities  will include
15    basic and remedial education;  English  proficiency  classes;
16    high  school  or  its  equivalency (e.g., GED) or alternative
17    education at the secondary level; and  with  any  educational
18    program,   structured   study   time  to  enhance  successful
19    participation. An individual's participation in an  education
20    program  such as literacy, basic adult education, high school
21    equivalency (GED), or a remedial program shall be limited  to
22    2   years   unless   the   individual   also  is  working  or
23    participating in a work activity  approved  by  the  Illinois
24    Department  as  defined  by  rule;  this requirement does not
25    apply, however, to students enrolled in high school.
26        (b)  Job  Skills  Training  (Vocational).    Job   Skills
27    Training  is designed to increase the individual's ability to
28    obtain  and  maintain  employment.    Job   Skills   Training
29    activities  will include vocational skill classes designed to
30    increase a  participant's  ability  to  obtain  and  maintain
31    employment.   Job  Skills  Training  may  include certificate
32    programs.
33        (c)  Job  Readiness.   The  job  readiness  activity   is
 
HB3022 Engrossed            -11-     LRB093 10021 DRJ 10271 b
 1    designed  to enhance the quality of the individual's level of
 2    participation  in  the  world  of  work  while  learning  the
 3    necessary essentials to obtain and maintain employment.  This
 4    activity  helps  individuals  gain  the necessary job finding
 5    skills to help them find and retain employment that will lead
 6    to economic independence.
 7        (d)  Job   Search.    Job   Search   may   be   conducted
 8    individually or in groups. Job Search includes the  provision
 9    of  counseling,  job  seeking skills training and information
10    dissemination. Group job search may  include  training  in  a
11    group  session.   Assignment exclusively to job search cannot
12    be in excess of 8 consecutive weeks (or  its  equivalent)  in
13    any period of 12 consecutive months.
14        (e)  Work Experience.  Work Experience assignments may be
15    with  private  employers or not-for-profit or public agencies
16    in the State.  The Illinois Department shall provide workers'
17    compensation coverage.  Participants who are not members of a
18    2-parent assistance unit may not be assigned more hours  than
19    their  cash  grant  amount  plus  food  stamps divided by the
20    minimum  wage.   Private  employers  and  not-for-profit  and
21    public agencies shall not use Work Experience participants to
22    displace regular employees.  Participants in Work  Experience
23    may  perform  work  in  the  public interest (which otherwise
24    meets the requirements of this Section) for a federal  office
25    or   agency   with   its  consent,  and  notwithstanding  the
26    provisions of 31 U.S.C. 1342, or any other provision of  law,
27    such  agency may accept such services, but participants shall
28    not be considered federal  employees  for  any  purpose.    A
29    participant  shall  be reassessed at the end of assignment to
30    Work Experience.  The participant may be reassigned  to  Work
31    Experience  or  assigned  to  another  activity, based on the
32    reassessment.
33        (f)  On the Job Training.  In  On  the  Job  Training,  a
34    participant  is  hired  by  a  private or public employer and
 
HB3022 Engrossed            -12-     LRB093 10021 DRJ 10271 b
 1    while engaged  in  productive  work  receives  training  that
 2    provides  knowledge  or skills essential to full and adequate
 3    performance of the job.
 4        (g)  Work Supplementation.  In work supplementation,  the
 5    Department  pays  a  wage  subsidy to an employer who hires a
 6    participant.   The  cash  grant  which  a  participant  would
 7    receive if not employed is diverted  and  the  diverted  cash
 8    grant is used to pay the wage subsidy.
 9        (h)  Post  Secondary Education.  Post secondary education
10    must be administered by an educational institution accredited
11    under requirements of State law.  The Illinois Department may
12    not   approve   an   individual's   participation   in    any
13    post-secondary   education  program,  other  than  full-time,
14    short-term vocational training for a specific job, unless the
15    individual also is employed  part-time,  as  defined  by  the
16    Illinois Department by rule.
17        (i)  Self  Initiated  Education.   Participants  who  are
18    attending  an institution of higher education or a vocational
19    or technical program of their own choosing  and  who  are  in
20    good  standing, may continue to attend and receive supportive
21    services only if the educational program is approved  by  the
22    Department,  and  is  in  conformity  with  the participant's
23    personal plan for achieving employment  and  self-sufficiency
24    and  the participant is employed part-time, as defined by the
25    Illinois Department by rule.
26        (j)  Job Development  and  Placement.   Department  staff
27    shall  develop  through  contacts  with  public  and  private
28    employers  unsubsidized  job  openings  for participants. Job
29    interviews will be secured for clients by  the  marketing  of
30    participants   for   specific   job   openings.    Job  ready
31    individuals may be assigned to Job Development and Placement.
32        (k)  Job  Retention.  The  job  retention  component   is
33    designed  to  assist  participants  in  retaining employment.
34    Initial employment expenses and job  retention  services  are
 
HB3022 Engrossed            -13-     LRB093 10021 DRJ 10271 b
 1    provided.    The   individual's  support  service  needs  are
 2    assessed and the individual receives counseling regarding job
 3    retention skills.
 4        (l)  (Blank).
 5        (l-5)  Transitional   Jobs.   These   programs    provide
 6    temporary  wage-paying work combined with case management and
 7    other  social  services  designed   to   address   employment
 8    barriers.   The   wage-paying  work  is  treated  as  regular
 9    employment  for  all  purposes  under  this  Code,  and   the
10    additional activities, as determined by the Transitional Jobs
11    provider,  shall  be  countable  work activities. The program
12    must comply with the  anti-displacement  provisions  of  this
13    Code governing the Work Experience program.
14        (m)  Pay-after-performance  Program.   A  parent  may  be
15    required to participate in a pay-after-performance program in
16    which  the  parent  must  work a specified number of hours to
17    earn the grant.  The program shall comply with provisions  of
18    this Code governing work experience programs.
19        (n)  Community   Service.    Community  service  includes
20    unpaid work that the client performs in his or her community,
21    such as for a school, church, government agency, or nonprofit
22    organization.  A participant whose youngest child is 13 years
23    of age or older may be required to perform at least 20  hours
24    of  community  service per week as a condition of eligibility
25    for aid under Article IV.  The Illinois Department shall give
26    priority to community service placements in  public  schools,
27    where  participants can serve as hall and lunchroom monitors,
28    assist teachers, and perform other appropriate services.
29    (Source:  P.A.  89-289,  eff.  1-1-96;  90-17,  eff.  7-1-97;
30    90-457, eff. 1-1-98; 90-655, eff. 7-30-98.)

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