State of Illinois
2009 and 2010


Introduced 2/19/2009, by Rep. William D. Burns - Marlow H. Colvin


305 ILCS 5/2-18 new
305 ILCS 5/4-1   from Ch. 23, par. 4-1
305 ILCS 5/4-1.6   from Ch. 23, par. 4-1.6
305 ILCS 5/4-1.6b new
305 ILCS 5/4-12   from Ch. 23, par. 4-12
305 ILCS 5/4-22
305 ILCS 5/9A-8   from Ch. 23, par. 9A-8

    Amends the Illinois Public Aid Code. Provides that it shall be the policy of the Department of Human Services to provide TANF aid to all qualified persons who seek assistance and to conduct outreach efforts to educate the public about the program. Makes changes concerning the disregard of earned income. Requires that financial aid be provided no more than 15 days after the date of application. Requires that an applicant undergo a thorough employability assessment within the first 30 days after the date of application for aid. Adds a definition of "domestic or sexual violence", and adds references to domestic or sexual violence in provisions concerning crisis assistance and development of a personal plan for achieving self-sufficiency. Effective immediately.

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HB2383 LRB096 08549 DRJ 18671 b

1     AN ACT concerning 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 4-1, 4-1.6, 4-12, 4-22, and 9A-8 and by
6 adding Sections 2-18 and 4-1.6b as follows:
7     (305 ILCS 5/2-18 new)
8     Sec. 2-18. Domestic or sexual violence. "Domestic or sexual
9 violence" means any of the following:
10         (1) Abuse as defined in Section 103 of the Illinois
11     Domestic Violence Act of 1986 by a "family or household
12     member" as defined in Section 103 of the Illinois Domestic
13     Violence Act of 1986.
14         (2) Conduct proscribed by Sections 12-13, 12-14,
15     12-14.1, 12-15, and 12-16 of the Criminal Code of 1961.
16         (3) Conduct proscribed by Sections 12-7.3, 12-7.4, and
17     12-7.5 of the Criminal Code of 1961.
18     (305 ILCS 5/4-1)  (from Ch. 23, par. 4-1)
19     Sec. 4-1. Eligibility requirements. Financial aid in
20 meeting basic maintenance requirements for a livelihood
21 compatible with health and well-being shall be given under this
22 Article to or in behalf of families with dependent children who



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1 meet the eligibility conditions of Sections 4-1.1 through
2 4-1.11. It shall be the policy of the Illinois Department to
3 provide aid under this Article to all qualified persons who
4 seek assistance and to conduct outreach efforts to educate the
5 public about the program. The Department shall provide timely,
6 accurate, and fair service to all applicants for assistance.
7 Persons who meet the eligibility criteria authorized under this
8 Article shall be treated equally, provided that nothing in this
9 Article shall be construed to create an entitlement to a
10 particular grant or service level or to aid in amounts not
11 authorized under this Code, nor construed to limit the
12 authority of the General Assembly to change the eligibility
13 requirements or provisions respecting assistance amounts. The
14 General Assembly recognizes that the need for aid will
15 fluctuate with the economic situation in Illinois and that at
16 times the number of people receiving aid under this Article
17 will increase.
18     The Illinois Department shall advise every applicant for
19 and recipient of aid under this Article of (i) the requirement
20 that all recipients move toward self-sufficiency and (ii) the
21 value and benefits of employment. As a condition of eligibility
22 for that aid, every person who applies for aid under this
23 Article on or after the effective date of this amendatory Act
24 of 1995 shall prepare and submit, as part of the application or
25 subsequent redetermination, a personal plan for achieving
26 employment and self-sufficiency. The plan shall incorporate



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1 the individualized assessment and employability plan set out in
2 subsections (d), (f), and (g) of Section 9A-8. The plan may be
3 amended as the recipient's needs change. The assessment process
4 to develop the plan shall include questions that screen for
5 domestic violence issues and steps needed to address these
6 issues may be part of the plan. If the individual indicates
7 that he or she is a victim of domestic violence, he or she may
8 also be referred to an available domestic violence program.
9 Failure of the client to follow through on the personal plan
10 for employment and self-sufficiency may be a basis for sanction
11 under Section 4-21.
12 (Source: P.A. 92-111, eff. 1-1-02.)
13     (305 ILCS 5/4-1.6)  (from Ch. 23, par. 4-1.6)
14     Sec. 4-1.6. Need. Income available to the family as defined
15 by the Illinois Department by rule, or to the child in the case
16 of a child removed from his or her home, when added to
17 contributions in money, substance or services from other
18 sources, including income available from parents absent from
19 the home or from a stepparent, contributions made for the
20 benefit of the parent or other persons necessary to provide
21 care and supervision to the child, and contributions from
22 legally responsible relatives, must be insufficient to equal to
23 or less than the grant amount established by Department
24 regulation for such a person. For purposes of eligibility for
25 aid under this Article, the Department shall disregard all



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1 income between the grant amount and 50% of the Federal Poverty
2 Level.
3     In considering income to be taken into account,
4 consideration shall be given to any expenses reasonably
5 attributable to the earning of such income. Three-fourths of
6 the earned income of a household eligible for aid under this
7 Article shall be disregarded when determining the level of
8 assistance for which a household is eligible. The Illinois
9 Department may also permit all or any portion of earned or
10 other income to be set aside for the future identifiable needs
11 of a child. The Illinois Department may provide by rule and
12 regulation for the exemptions thus permitted or required. The
13 eligibility of any applicant for or recipient of public aid
14 under this Article is not affected by the payment of any grant
15 under the "Senior Citizens and Disabled Persons Property Tax
16 Relief and Pharmaceutical Assistance Act" or any distributions
17 or items of income described under subparagraph (X) of
18 paragraph (2) of subsection (a) of Section 203 of the Illinois
19 Income Tax Act.
20     The Illinois Department may, by rule, set forth criteria
21 under which an assistance unit is ineligible for cash
22 assistance under this Article for a specified number of months
23 due to the receipt of a lump sum payment.
24 (Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
25     (305 ILCS 5/4-1.6b new)



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1     Sec. 4-1.6b. Date for providing aid; employability
2 assessment.
3     (a) The Department shall provide financial aid no more than
4 15 days after the date of application to any applicant who has
5 certified his or her residence, household composition, and
6 income and is not found ineligible within that 15-day period.
7     (b) During the first 30 days after the date of application,
8 the applicant shall undergo a thorough employability
9 assessment, in accordance with subsection (d) of Section 9A-8
10 of this Code, and shall prepare a personal plan for achieving
11 employment and self-sufficiency in accordance with Section 4-1
12 of this Code. The requirement to engage in work-related
13 activity may commence 30 days after the date of application.
14     (c) Financial aid under this Article shall be authorized
15 effective on the date of application, provided that the
16 applicant is eligible on that date.
17     (305 ILCS 5/4-12)  (from Ch. 23, par. 4-12)
18     Sec. 4-12. Crisis assistance. Where a family has been (1)
19 rendered homeless or threatened with homelessness by fire,
20 flood, other natural disaster, eviction or court order to
21 vacate the premises for reasons other than nonpayment of rent,
22 or where a family has spouse and child have become homeless
23 because they have left their the residence due to domestic or
24 sexual violence occupied by a spouse who was physically abusing
25 the now homeless spouse or child; (1.5) deprived of the



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1 household's income as a result of domestic or sexual violence;
2 (2) deprived of essential items of furniture or essential
3 clothing by fire or flood or other natural disaster; (3)
4 deprived of food as a result of actions other than loss or
5 theft of cash and where the deprivation cannot be promptly
6 alleviated through the federal food stamp program; (4) as a
7 result of a documented theft or documented loss of cash,
8 deprived of food or essential clothing or deprived of shelter
9 or immediately threatened with deprivation of shelter as
10 evidenced by a court order requiring immediate eviction due to
11 nonpayment of rent; or (5) rendered the victim of such other
12 hardships as the Illinois Department shall by rule define, the
13 Illinois Department may provide assistance to alleviate such
14 needs. The Illinois Department shall verify need and determine
15 eligibility for crisis assistance for families already
16 receiving grants from the Illinois Department within 5 working
17 days following application for such assistance and shall
18 determine eligibility for all other families and afford such
19 assistance for families found eligible within such time limits
20 as the Illinois Department shall by rule provide. The Illinois
21 Department may, by rule, limit crisis assistance to an eligible
22 family to once in any 12 consecutive months. This limitation
23 may be made for some or all items of crisis assistance.
24     The Illinois Department by regulation shall specify the
25 criteria for determining eligibility and the amount and nature
26 of assistance to be provided. Where deprivation of shelter



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1 exists or is threatened, the Illinois Department may provide
2 reasonable moving expenses, short term rental costs, including
3 one month's rent and a security deposit where such expenses are
4 needed for relocation, and, where the Department determines
5 appropriate, provide assistance to prevent an imminent
6 eviction or foreclosure. These amounts may be described in
7 established amounts or maximums. The Illinois Department may
8 also describe, for each form of assistance authorized, the
9 method by which the assistance shall be delivered, including
10 but not limited to warrants or disbursing orders.
11     Annual expenditures under this Section shall not exceed
12 $2,000,000. The Illinois Department shall review such
13 expenditures quarterly and shall, if necessary, reduce the
14 amounts or nature of assistance authorized in order to assure
15 that the limit is not exceeded.
16 (Source: P.A. 90-17, eff. 7-1-97.)
17     (305 ILCS 5/4-22)
18     Sec. 4-22. Domestic and sexual violence.
19     (a) The assessment process to develop the personal plan for
20 achieving self-sufficiency shall include questions that screen
21 for domestic and sexual violence issues. If the individual
22 indicates that he or she is the victim of domestic or sexual
23 violence and indicates a need to address domestic or sexual
24 violence issues in order to reach self-sufficiency, the plan
25 shall take this factor into account in determining the work,



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1 education, and training activities suitable to the client for
2 achieving self-sufficiency. In addition, in such a case,
3 specific steps needed to directly address the domestic or
4 sexual violence issues may also be made part of the plan,
5 including referral to an available domestic or sexual violence
6 program. The Department shall conduct an individualized
7 assessment and grant waivers of program requirements and other
8 required activities for victims of domestic violence to the
9 fullest extent allowed by 42 U.S.C. 602(a)(7), and shall apply
10 the same laws, regulations, and policies to victims of sexual
11 violence. The duration of such waivers shall be initially
12 determined and subsequently redetermined on a case-by-case
13 basis. There shall be no limitation on the total number of
14 months for which waivers under this Section may be granted, but
15 continuing eligibility for a waiver shall be redetermined no
16 less often than every 6 months.
17     (b) The Illinois Department shall develop and monitor
18 compliance procedures for its employees, contractors, and
19 subcontractors to ensure that any information pertaining to any
20 client who claims to be a past or present victim of domestic
21 violence or an individual at risk of further domestic violence,
22 whether provided by the victim or by a third party, will remain
23 confidential.
24     (c) The Illinois Department shall develop and implement a
25 domestic violence training curriculum for Illinois Department
26 employees who serve applicants for and recipients of aid under



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1 this Article. The curriculum shall be designed to better equip
2 those employees to identify and serve domestic violence
3 victims. The Illinois Department may enter into a contract for
4 the development of the curriculum with one or more
5 organizations providing services to domestic violence victims.
6 The Illinois Department shall adopt rules necessary to
7 implement this subsection.
8 (Source: P.A. 90-17, eff. 7-1-97; 91-759, eff. 1-1-01.)
9     (305 ILCS 5/9A-8)  (from Ch. 23, par. 9A-8)
10     Sec. 9A-8. Operation of Program.
11     (a) At the time of application or redetermination of
12 eligibility under Article IV, as determined by rule, the
13 Illinois Department shall provide information in writing and
14 orally regarding the education, training and employment
15 program to all applicants and recipients. The information
16 required shall be established by rule and shall include, but
17 need not be limited to:
18         (1) education (including literacy training),
19     employment and training opportunities available, the
20     criteria for approval of those opportunities, and the right
21     to request changes in the personal responsibility and
22     services plan to include those opportunities;
23         (1.1) a complete list of all activities that are
24     approvable activities, and the circumstances under which
25     they are approvable, including work activities, substance



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1     abuse or mental health treatment, activities to escape and
2     prevent domestic violence, caring for a medically impaired
3     family member, and any other approvable activities,
4     together with the right to and procedures for amending the
5     responsibility and services plan to include these
6     activities;
7         (1.2) the rules concerning the lifetime limit on
8     eligibility, including the current status of the applicant
9     or recipient in terms of the months of remaining
10     eligibility, the criteria under which a month will not
11     count towards the lifetime limit, and the criteria under
12     which a recipient may receive benefits beyond the end of
13     the lifetime limit;
14         (2) supportive services including child care and the
15     rules regarding eligibility for and access to the child
16     care assistance program, transportation, initial expenses
17     of employment, job retention, books and fees, and any other
18     supportive services;
19         (3) the obligation of the Department to provide
20     supportive services;
21         (4) the rights and responsibilities of participants,
22     including exemption, sanction, reconciliation, and good
23     cause criteria and procedures, termination for
24     non-cooperation and reinstatement rules and procedures,
25     and appeal and grievance procedures; and
26         (5) the types and locations of child care services.



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1     (b) The Illinois Department shall notify the recipient in
2 writing of the opportunity to volunteer to participate in the
3 program.
4     (c) (Blank).
5     (d) As part of the personal plan for achieving employment
6 and self-sufficiency, the Department shall conduct an
7 individualized assessment of the participant's employability.
8 No participant may be assigned to any component of the
9 education, training and employment activity prior to such
10 assessment. The plan shall include collection of information on
11 the individual's background, proficiencies, skills
12 deficiencies, education level, work history, employment goals,
13 interests, aptitudes, and employment preferences, as well as
14 factors affecting employability or ability to meet
15 participation requirements (e.g., health, physical or mental
16 limitations, child care, family circumstances, domestic
17 violence, sexual violence, substance abuse, and special needs
18 of any child of the individual). As part of the plan,
19 individuals and Department staff shall work together to
20 identify any supportive service needs required to enable the
21 client to participate and meet the objectives of his or her
22 employability plan. The assessment may be conducted through
23 various methods such as interviews, testing, counseling, and
24 self-assessment instruments. In the assessment process, the
25 Department shall offer to include standard literacy testing and
26 a determination of English language proficiency and shall



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1 provide it for those who accept the offer. Based on the
2 assessment, the individual will be assigned to the appropriate
3 activity. The decision will be based on a determination of the
4 individual's level of preparation for employment as defined by
5 rule.
6     (e) Recipients determined to be exempt may volunteer to
7 participate pursuant to Section 9A-4 and must be assessed.
8     (f) As part of the personal plan for achieving employment
9 and self-sufficiency under Section 4-1, an employability plan
10 for recipients shall be developed in consultation with the
11 participant. The Department shall have final responsibility
12 for approving the employability plan. The employability plan
13 shall:
14         (1) contain an employment goal of the participant;
15         (2) describe the services to be provided by the
16     Department, including child care and other support
17     services;
18         (3) describe the activities, such as component
19     assignment, that will be undertaken by the participant to
20     achieve the employment goal; and
21         (4) describe any other needs of the family that might
22     be met by the Department.
23     (g) The employability plan shall take into account:
24         (1) available program resources;
25         (2) the participant's support service needs;
26         (3) the participant's skills level and aptitudes;



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1         (4) local employment opportunities; and
2         (5) the preferences of the participant.
3     (h) A reassessment shall be conducted to assess a
4 participant's progress and to review the employability plan on
5 the following occasions:
6         (1) upon completion of an activity and before
7     assignment to an activity;
8         (2) upon the request of the participant;
9         (3) if the individual is not cooperating with the
10     requirements of the program; and
11         (4) if the individual has failed to make satisfactory
12     progress in an education or training program.
13     Based on the reassessment, the Department may revise the
14 employability plan of the participant.
15 (Source: P.A. 93-598, eff. 8-26-03.)
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.