| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PUBLIC AID (305 ILCS 5/) Illinois Public Aid Code. 305 ILCS 5/9-6.04
(305 ILCS 5/9-6.04)
Sec. 9-6.04.
(Repealed).
(Source: P.A. 88-170. Repealed by P.A. 92-111, eff. 1-1-02.)
|
305 ILCS 5/9-6.1 (305 ILCS 5/9-6.1) (from Ch. 23, par. 9-6.1)
Sec. 9-6.1. Housing Education Program.
The Illinois Department shall establish,
either directly or by contract, a pilot project for a housing education
program that will provide persons receiving aid under Articles III, IV, V,
and
VI with instructions in the care and maintenance of dwelling units,
in the essentials of adequate housekeeping, and the problems of urban
living. If in accord with Federal law and regulations governing grants to
this State for public aid purposes, the Department may require recipients
to attend a housing education program. Non-recipients to whom services have
been extended under the provisions of Section 9-8 may also attend and
participate in a housing education program established hereunder.
(Source: P.A. 92-111, eff. 1-1-02; 93-632, eff. 2-1-04.)
|
305 ILCS 5/9-6.2
(305 ILCS 5/9-6.2) (from Ch. 23, par. 9-6.2)
Sec. 9-6.2.
Township assistance to county convalescent homes.
In
counties under township organization, the several townships therein which
do not receive State funds for general assistance may provide, from moneys received
and collected for public aid to all persons eligible therefor under
Article VI of this Code, funds for the operation costs of any county
convalescent home in the county, in addition to payment of patient expenses
otherwise provided for under this Code. No township which receives State
funds for general assistance may use moneys received and collected for public aid for
such assistance to county convalescent homes. "County convalescent
home" shall refer to any facility that was established by a county
according to the provisions of Division 5-21 of the Counties Code or its
predecessor.
(Source: P.A. 92-111, eff. 1-1-02.)
|
305 ILCS 5/9-6.3
(305 ILCS 5/9-6.3) (from Ch. 23, par. 9-6.3)
Sec. 9-6.3.
(Repealed).
(Source: P.A. 86-1028. Repealed by P.A. 90-17, eff. 7-1-97.)
|
305 ILCS 5/9-6.4
(305 ILCS 5/9-6.4) (from Ch. 23, par. 9-6.4)
Sec. 9-6.4.
(Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 90-17, eff. 7-1-97.)
|
305 ILCS 5/9-7
(305 ILCS 5/9-7) (from Ch. 23, par. 9-7)
Sec. 9-7.
Establishing Services Not Otherwise Available-State Supervision of
Services in Local Units Receiving State Funds.
Where the services or facilities authorized by Sections 9-3 or 9-5 are
not available or insufficient to meet needs, the Illinois Department or
local governmental unit may establish and provide such services and
facilities. If the local governmental unit receives State funds for such
services or facilities under Sections 9-3 or 9-5, or for any local or joint
programs under Section 9-6, the establishment of such services, facilities
or programs and the expenditure of funds therefor shall be subject to the
approval and supervision of the Illinois Department.
(Source: P.A. 77-1802.)
|
305 ILCS 5/9-8 (305 ILCS 5/9-8) (from Ch. 23, par. 9-8)
Sec. 9-8. Extension of Coverage.) If appropriate and sufficient facilities
are not available through
other agencies, the Illinois
Department may extend those services provided in this Article which
relate to work adjustment, education, training, and counseling and
guidance on problems of child care, family relationships, home and money
management, transportation, and health, to one or both of the following:
(1) persons and families who have been recipients of | | aid within 1 year preceding their request for the services, and who are likely to become recipients of aid again unless needed services are provided;
|
|
(2) other persons and families who request the
| | services and whose economic, personal or social situation is such as to make it likely that without counseling, training or other services financial aid could reasonably be expected to be required within 6 months.
|
|
The services may be continued for such time as may be necessary to
overcome the conditions which may result in dependency upon financial
aid but each case shall be reviewed at least quarterly to assure that
the services are not continued beyond a reasonable period of time.
Any extension of services under the foregoing provisions shall be
limited to a pilot county or counties, or other test area, until the
cost and effectiveness of the services provided are determined to be in
the public interest.
The Illinois Department may also extend the educational and
vocational training programs provided under Section 9-5 or Section 9-7
to persons whose income does not exceed the standard established to
determine eligibility for aid as a medically indigent person under
Article V, subject to the minimum quarterly review requirement
established in this Section for persons designated in subparagraphs (1)
and (2).
(Source: P.A. 93-632, eff. 2-1-04.)
|
305 ILCS 5/9-9
(305 ILCS 5/9-9) (from Ch. 23, par. 9-9)
Sec. 9-9.
The Illinois Department shall make information
available in its local
offices informing clients about programs concerning substance use disorder and prevention programs.
(Source: P.A. 100-759, eff. 1-1-19 .)
|
305 ILCS 5/9-10
(305 ILCS 5/9-10) (from Ch. 23, par. 9-10)
Sec. 9-10.
(Repealed).
(Source: P.A. 87-528. Repealed by P.A. 92-111, eff. 1-1-02.)
|
305 ILCS 5/9-11
(305 ILCS 5/9-11) (from Ch. 23, par. 9-11)
Sec. 9-11.
The Illinois Department may make disbursements to any attorney,
or advocate working under the supervision of an attorney, who represents a
recipient of cash assistance under Article VI in a program administered by the
Illinois Department, in an appeal of any claim for federal veterans'
benefits before a hearing officer at a Veterans' Administration Regional
Office or upon an initial appeal to the Board of Veterans' Appeals which is
decided in favor of the recipient. The amount of the disbursement shall be
equal to the disbursement awarded under Section 3-13 of this Code. No
disbursement shall be made unless a petition and a copy of the favorable
decision is submitted by an attorney or advocate to the Illinois Department
within 60 days of the date of the favorable decision. The disbursement
shall be made within 30 days after the petition is received. The Illinois
Department shall promulgate rules and regulations necessary to implement
this Section.
(Source: P.A. 89-21, eff. 7-1-95.)
|
305 ILCS 5/9-12
(305 ILCS 5/9-12)
Sec. 9-12.
(Repealed).
(Source: P.A. 88-412; Repealed by P.A. 91-599, eff. 8-14-99.)
|
305 ILCS 5/9-13
(305 ILCS 5/9-13)
Sec. 9-13. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-322, eff. 1-1-08.)
|
305 ILCS 5/9-14 (305 ILCS 5/9-14) Sec. 9-14. Small business grant program. Subject to appropriation, the Department of Commerce and Economic Opportunity may establish a small business grant program for public aid recipients who are interested in developing a new start-up business. Grant applicants must submit an initial business plan or proposal to the Department of Commerce and Economic Opportunity that clearly articulates the viability of the new start-up business and how the grant money will be used to develop the business. The Department of Commerce and Economic Opportunity shall use such application materials to determine an applicant's eligibility under the program, the grant amount to be awarded, if applicable, and the number of grants an eligible applicant will receive under the program. If an applicant is determined by the Department of Commerce and Economic Opportunity to be eligible for a small business grant, the applicant must submit to the Department of Commerce and Economic Opportunity every year that he or she participates in the program or applies for a new grant an updated business plan or proposal that demonstrates the continued viability or progress of the new start-up business. The Department of Commerce and Economic Opportunity shall adopt any rules necessary to implement this provision, including rules on the minimum and maximum grant amounts awarded under the program, the number of grants an applicant may apply for or receive during a specified period of time, and application requirements.
(Source: P.A. 100-347, eff. 1-1-18 .) |
305 ILCS 5/9-15 (305 ILCS 5/9-15) Sec. 9-15. Township food pantries. In a county under township organization, a township may provide, from moneys received and collected for public aid to all persons eligible therefor under Article VI of this Code, funds and administer programs for providing in-kind aid in meeting basic maintenance requirements, including, but not limited to, food, paper goods, toiletries, and clothing, to persons who are poor, indigent, homeless, or in need of immediate assistance, in addition to financial aid provided under this Code.
(Source: P.A. 101-309, eff. 1-1-20 .) |
305 ILCS 5/Art. IXA
(305 ILCS 5/Art. IXA heading)
ARTICLE IXA.
EDUCATION, TRAINING AND
EMPLOYMENT PROGRAM FOR RECIPIENTS
UNDER ARTICLE IV
|
305 ILCS 5/9A-1
(305 ILCS 5/9A-1) (from Ch. 23, par. 9A-1)
Sec. 9A-1.
Declaration of Purpose.
It is the purpose of this Article
to provide recipients of public aid under Article IV
the education, training and employment
programs that will help them avoid long-term welfare dependence.
(Source: P.A. 86-1184; 86-1381.)
|
305 ILCS 5/9A-2
(305 ILCS 5/9A-2) (from Ch. 23, par. 9A-2)
Sec. 9A-2.
As used in this Article only, "recipient" means only those
persons receiving aid under Article IV.
(Source: P.A. 86-1184; 86-1381.)
|
305 ILCS 5/9A-2a (305 ILCS 5/9A-2a) Sec. 9A-2a. Federal poverty level; definition. As used in this Article, "federal poverty level" means the poverty guidelines updated periodically in the Federal Register by the U.S. Department
of Health and Human Services under the authority of 42 U.S.C. 9902(2).
(Source: P.A. 102-491, eff. 8-20-21.) |
305 ILCS 5/9A-3
(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
Sec. 9A-3. Establishment of Program and Level of Services.
(a) The Illinois Department shall establish and maintain a program to
provide recipients with services consistent with the purposes and
provisions of this Article. The program offered in different counties of
the State may vary depending on the resources available to the State to
provide a program under this Article, and no program may be offered in some
counties, depending on the resources available. Services may be provided
directly by the Illinois Department or through contract. References to the
Illinois Department or staff of the
Illinois Department shall include contractors when the Illinois Department
has entered into contracts for these purposes. The Illinois Department
shall provide each
recipient who participates with such services available under the program
as are necessary to achieve his employability plan as specified in the
plan.
(b) The Illinois Department, in operating the program, shall cooperate
with public and private education and vocational training or retraining
agencies or facilities, the Illinois State Board of Education, the Illinois
Community College Board, the Departments of Employment
Security and Commerce and Economic Opportunity or other sponsoring
organizations funded under the federal Workforce
Innovation and Opportunity Act
and other public or licensed private employment agencies.
(Source: P.A. 100-477, eff. 9-8-17.)
|
305 ILCS 5/9A-4
(305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
Sec. 9A-4. Participation.
(a) Except for those exempted under subsection (b) below, and to the
extent resources permit, the Illinois Department as a condition of
eligibility for public aid, may, as provided by rule, require all
recipients to participate in an education, training, and employment
program, which shall include accepting suitable employment and refraining
from terminating employment or reducing earnings without good cause.
(b) Recipients shall be exempt from the requirement of
participation in the education, training, and employment program
in the following circumstances:
(1)
The recipient is a person over age 60; or
(2) The recipient is a person with a child under age | |
Recipients are entitled to request a reasonable modification to the requirement of participation in the education, training and employment program in order to accommodate a qualified individual with a disability as defined by the Americans with Disabilities Act. Requests for a reasonable modification shall be evaluated on a case-by-case functional basis by designated staff based on Department rule. All such requests shall be monitored as part of the agency's quality assurance process or processes to attest to the expediency with which such requests are addressed. Implementation of the changes made to this Section by this amendatory Act of the 94th General Assembly is subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)
|
305 ILCS 5/9A-5
(305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
Sec. 9A-5.
Exempt recipients.
(a) Exempt recipients under Section 9A-4 may volunteer to participate.
(b) Services will be offered to exempt and non-exempt individuals who
wish to volunteer to participate only to the extent resources permit.
(c) Exempt and
non-exempt individuals who volunteer to participate become program
participants upon completion of the initial assessment, development of the
employability plan, and assignment to a component.
An exempt individual who volunteers to participate may not be sanctioned for
not meeting program requirements.
(Source: P.A. 92-111, eff. 1-1-02; 93-598, eff. 8-26-03.)
|
305 ILCS 5/9A-6
(305 ILCS 5/9A-6) (from Ch. 23, par. 9A-6)
Sec. 9A-6.
(Repealed).
(Source: P.A. 86-1475. Repealed by P.A. 90-17, eff. 7-1-97.)
|
305 ILCS 5/9A-7
(305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
Sec. 9A-7. Good cause and pre-sanction process.
(a) The Department shall establish by rule what constitutes good cause
for failure to participate in education, training and employment programs,
failure to accept suitable employment or terminating employment or reducing
earnings.
The Department shall establish, by rule, a pre-sanction process to assist
in resolving disputes over proposed sanctions and in determining if good cause
exists.
Good cause shall include, but not be limited to:
(1) temporary illness for its duration;
(2) court required appearance or temporary | |
(3) (blank);
(4) death in the family;
(5) (blank);
(6) (blank);
(7) (blank);
(8) (blank);
(9) extreme inclement weather;
(10) (blank);
(11) lack of any support service even though the
| | necessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation;
|
|
(12) if an individual is engaged in employment or
| | training or both that is consistent with the employment related goals of the program, if such employment and training is later approved by Department staff;
|
|
(13) (blank);
(14) failure of Department staff to correctly forward
| | the information to other Department staff;
|
|
(15) failure of the participant to cooperate because
| | of attendance at a test or a mandatory class or function at an educational program (including college), when an education or training program is officially approved by the Department;
|
|
(16) failure of the participant due to his or her
| |
(17) failure of the participant because it is
| | determined that he or she should be in a different activity;
|
|
(18) non-receipt by the participant of a notice
| | advising him or her of a participation requirement. If the non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;
|
|
(19) (blank);
(20) non-comprehension of English, either written or
| |
(21) (blank);
(22) (blank);
(23) child care (or day care for an incapacitated
| | individual living in the same home as a dependent child) is necessary for the participation or employment and such care is not available for a child under age 13;
|
|
(24) failure to participate in an activity due to a
| | scheduled job interview, medical appointment for the participant or a household member, or school appointment;
|
|
(25) if an individual or family is experiencing
| | homelessness; an individual or family is experiencing homelessness if the individual or family: (i) lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason; (ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations; (iii) is living in an emergency or transitional shelter; (iv) resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (v) is living in a car, park, public space, abandoned building, substandard housing, bus, train station, or similar settings;
|
|
(26) circumstances beyond the control of the
| | participant which prevent the participant from completing program requirements;
|
|
(27) (blank);
(28) if an individual or family receives an eviction
| | (29) if an individual's or family's utilities are
| | (30) if an individual or family receives an utility
| | (31) if an individual is exiting a publicly funded
| | institution or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution) without an option to move to a fixed, adequate night time residence.
|
| (b) (Blank).
(c)(1) The Department shall establish a reconciliation procedure to
assist in resolving disputes related to any aspect of participation,
including exemptions, good cause, sanctions or proposed sanctions,
supportive services, assessments, responsibility and service
plans,
assignment to activities, suitability of employment, or
refusals of offers
of employment.
Through the reconciliation process the Department shall have a mechanism to
identify good cause, ensure that the client is aware of the issue, and enable
the client to perform required activities without facing sanction.
(2) A participant may request reconciliation and
receive notice in
writing of a meeting. At least one face-to-face
meeting may be scheduled to
resolve misunderstandings or disagreements related to program participation
and situations which may lead to a potential sanction. The meeting will
address the underlying reason for the dispute and plan a resolution to
enable the individual to participate in TANF employment and work activity
requirements.
(2.5) If the individual fails to appear at the reconciliation meeting
without good cause, the reconciliation is unsuccessful and a sanction shall be
imposed.
(3) The reconciliation process shall continue after
it is determined that
the individual did not have good cause for non-cooperation. Any necessary
demonstration of cooperation on the part of the participant will be part of
the reconciliation process. Failure to demonstrate cooperation will result in immediate
sanction.
(4) For the first instance of non-cooperation, if the client reaches
agreement to cooperate, the client shall be allowed 30 days to demonstrate
cooperation before any sanction activity may be imposed. In any subsequent
instances of non-cooperation, the client shall be provided the opportunity to
show good cause or remedy the situation by immediately complying with the
requirement.
(5) The Department shall document in the case record the proceedings
of the reconciliation and provide the client in writing
with a reconciliation
agreement.
(6) If reconciliation resolves the dispute, no
sanction shall be imposed.
If the client fails to comply with the reconciliation agreement, the
Department shall then immediately impose the original sanction.
If the dispute cannot be resolved
during reconciliation, a sanction shall not be imposed
until the reconciliation process is complete.
(Source: P.A. 101-103, eff. 7-19-19.)
|
305 ILCS 5/9A-8
(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 use disorder 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
| |
(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 use disorders, 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 State of Illinois High School Diploma. 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 a substance use disorder 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. 102-1100, eff. 1-1-23 .)
|
|
|
|