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90_HB0204enr
305 ILCS 5/11-6.2
Amends the Article of the Illinois Public Aid Code
regarding rights and responsibilities of applicants and
recipients. Changes the length of the demonstration project
to determine the cost-effectiveness of preventing multiple
enrollments of aid recipients through the use of an
electronic automated 2-digit fingerprint matching
identification system in local offices from 12 months to 36
months. Effective immediately.
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1 AN ACT regarding assistance to needy families.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by adding Section 5-160 as follows:
6 (5 ILCS 100/5-160 new)
7 Sec. 5-160. Certain provisions of the Illinois Public
8 Aid Code control over provisions of this Act. In the event
9 that any provisions of this Act are in conflict with the
10 provisions of Section 4-2 of the Illinois Public Aid Code,
11 the provisions of Section 4-2 of the Illinois Public Aid Code
12 shall control.
13 Section 10. The Illinois Public Aid Code is amended by
14 changing the heading of Article IV, by changing Sections 1-8,
15 4-0.5, 4-1, 4-1.1, 4-1.2, 4-1.6, 4-1.7, 4-1.9, 4-2, 4-8,
16 4-12, 6-1.3, 9A-3, 9A-4, 9A-7, 9A-8, 9A-9, 9A-11, 11-6,
17 11-6.2, 11-8, 11-8.6, 11-16, 11-20, 12-4.4, 12-4.11, and
18 12-10.3, and by adding Sections 1-9, 1-10, 1-11, 4-0.6,
19 4-1.12, 4-21, 4-22, 9A-13, and 12-13.05 as follows:
20 (305 ILCS 5/1-8)
21 Sec. 1-8. Fugitives ineligible.
22 (a) The following persons are not eligible for aid under
23 this Code, or federal food stamps or federal food stamp
24 benefits:
25 (1) A person who has fled from the jurisdiction of
26 any court of record of this or any other state or of the
27 United States to avoid prosecution for a felony or to
28 avoid giving testimony in any criminal proceeding
29 involving the alleged commission of a felony.
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1 (2) A person who has fled to avoid imprisonment in
2 a correctional facility of this or any other state or the
3 United States for having committed a felony.
4 (3) A person who has escaped from a correctional
5 facility of this or any other state or the United States
6 if the person was incarcerated for having committed a
7 felony.
8 (4) A person who is violating a condition of
9 probation or parole imposed under federal or State law.
10 In this Section, "felony" means a violation of a penal
11 statute of this or any other state or the United States for
12 which a sentence to death or to a term of imprisonment in a
13 penitentiary for one year or more is provided.
14 To implement this Section, the Illinois Department may
15 exchange necessary information with an appropriate law
16 enforcement agency of this or any other state, a political
17 subdivision of this or any other state, or the United States.
18 (b) The Illinois Department shall apply for all waivers
19 of federal law and regulations necessary to implement this
20 Section, and implementation of this Section is contingent on
21 the Illinois Department's receipt of those waivers.
22 (Source: P.A. 88-554, eff. 7-26-94; 89-489, eff. 1-1-97.)
23 (305 ILCS 5/1-9 new)
24 Sec. 1-9. Misrepresentation of residence. A person who
25 has been convicted in federal or State court of having made a
26 fraudulent statement or representation with respect to
27 residence in order to receive assistance simultaneously from
28 2 or more states shall be ineligible for cash assistance
29 under this Code for 10 years beginning on the date of
30 conviction.
31 (305 ILCS 5/1-10 new)
32 Sec. 1-10. Drug convictions.
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1 (a) Persons convicted of an offense under the Illinois
2 Controlled Substances Act or the Cannabis Control Act which
3 is a Class X felony, or a Class 1 felony, or comparable
4 federal criminal law which has as an element the possession,
5 use, or distribution of a controlled substance, as defined in
6 Section 102(6) of the federal Controlled Substances Act (21
7 U.S.C. 802(c)), shall not be eligible for cash assistance
8 provided under this Code.
9 (b) Persons convicted of any other felony under the
10 Illinois Controlled Substances Act or the Cannabis Control
11 Act which is not a Class X or Class 1 felony, or comparable
12 federal criminal law which has as an element the possession,
13 use, or distribution of a controlled substance, as defined in
14 Section 102(6) of the federal Controlled Substances Act (21
15 U.S.C. 802(c)), shall not be eligible for cash assistance
16 provided under this Code for 2 years from the date of
17 conviction. This prohibition shall not apply if the person
18 is in a drug treatment program, aftercare program, or similar
19 program as defined by rule.
20 (c) Persons shall not be determined ineligible for food
21 stamps provided under this Code based upon a conviction of
22 any felony or comparable federal or State criminal law which
23 has an element the possession, use or distribution of a
24 controlled substance, as defined in Section 102(6) of the
25 federal Controlled Substance Act (21 U.S.C. 802(c)).
26 (305 ILCS 5/1-11 new)
27 Sec. 1-11. Citizenship. To the extent not otherwise
28 provided in this Code or federal law, all clients who receive
29 cash or medical assistance under Article III, IV, V, or VI of
30 this Code must meet the citizenship requirements as
31 established in this Section. To be eligible for assistance an
32 individual, who is otherwise eligible, must be either a
33 United States citizen or included in one of the following
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1 categories of non-citizens:
2 (1) United States veterans honorably discharged and
3 persons on active military duty, and the spouse and
4 unmarried dependent children of these persons;
5 (2) Refugees under Section 207 of the Immigration
6 and Nationality Act;
7 (3) Asylees under Section 208 of the Immigration
8 and Nationality Act;
9 (4) Persons for whom deportation has been withheld
10 under Section 243(h) of the Immigration and Nationality
11 Act;
12 (5) Persons granted conditional entry under Section
13 203(a)(7) of the Immigration and Nationality Act as in
14 effect prior to April 1, 1980;
15 (6) Persons lawfully admitted for permanent
16 residence under the Immigration and Nationality Act; and
17 (7) Parolees, for at least one year, under Section
18 212(d)(5) of the Immigration and Nationality Act.
19 Those persons who are in the categories set forth in
20 subdivisions 6 and 7 of this Section, who enter the United
21 States on or after August 22, 1996, shall not be eligible for
22 5 years beginning on the date the person entered the United
23 States.
24 The Illinois Department may, by rule, cover prenatal care
25 or emergency medical care for non-citizens who are not
26 otherwise eligible under this Section. Local governmental
27 units which do not receive State funds may impose their own
28 citizenship requirements and are authorized to provide any
29 benefits and impose any citizenship requirements as are
30 allowed under the Personal Responsibility and Work
31 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
32 (305 ILCS 5/Art. IV heading)
33 ARTICLE IV. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
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1 AID TO FAMILIES WITH DEPENDENT CHILDREN
2 (305 ILCS 5/4-0.5)
3 Sec. 4-0.5. Aid to Families with Dependent Children
4 Program inoperative after June 30, 1997. Article inoperative
5 after December 31, 1998. The provisions of this Article IV
6 to provide assistance payments to families meeting the
7 eligibility requirements of the Aid to Families with
8 Dependent Children (AFDC) Program shall be inoperative after
9 June 30, 1997 December 31, 1998. Under the federal Temporary
10 Assistance for Needy Children Program the Illinois Department
11 shall develop an alternative program of mutual responsibility
12 between the Illinois Department and the client to allow the
13 family to become self-sufficient or employed as quickly as
14 possible through (i) the provision of transitional assistance
15 to families in the form of emergency one-time payments to
16 prevent job loss, temporary assistance while searching for or
17 being trained for work, or paternity establishment and child
18 support enforcement or (ii) the provision for continued work.
19 (Source: P.A. 89-6, eff. 3-6-95.)
20 (305 ILCS 5/4-0.6 new)
21 Sec. 4-0.6. Reference to AFDC considered a reference to
22 TANF. On and after the effective date of this amendatory Act
23 of 1997, any reference to Aid to Families with Dependent
24 Children or AFDC shall be considered to be a reference to
25 Temporary Assistance for Needy Families or TANF.
26 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
27 Sec. 4-1. Eligibility requirements. Financial aid in
28 meeting basic maintenance requirements for a livelihood
29 compatible with health and well-being shall be given under
30 this Article to or in behalf of families with dependent
31 children who meet the eligibility conditions of Sections
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1 4-1.1 through 4-1.11. Persons who meet the eligibility
2 criteria authorized under this Article shall be treated
3 equally, provided that nothing in this Article shall be
4 construed to create an entitlement to a particular grant or
5 service level or to aid in amounts not authorized under this
6 Code, nor construed to limit the authority of the General
7 Assembly to change the eligibility requirements or provisions
8 respecting assistance amounts.
9 The Illinois Department shall advise every applicant for
10 and recipient of aid under this Article of (i) the
11 requirement that all recipients move toward self-sufficiency
12 and (ii) the value and benefits of employment. As a
13 condition of eligibility for that aid, every person who
14 applies for aid under this Article on or after the effective
15 date of this amendatory Act of 1995 shall prepare and submit,
16 as part of the application or subsequent redetermination, a
17 personal plan for achieving employment and self-sufficiency.
18 The plan shall incorporate the individualized assessment and
19 employability plan set out in subsections (d), (f), and (g)
20 of Section 9A-8. The plan may be amended as the recipient's
21 needs change. The assessment process to develop the plan
22 shall include questions that screen for domestic violence
23 issues and steps needed to address these issues may be part
24 of the plan. If the individual indicates that he or she is a
25 victim of domestic violence, he or she may also be referred
26 to an available domestic violence program. As a condition of
27 eligibility for that aid, every person who is a recipient of
28 aid under this Article on the effective date of this
29 amendatory Act of 1995 shall, within 6 months after that
30 date, prepare a personal plan for achieving employment.
31 Failure of the client to follow through on the personal plan
32 for employment and self-sufficiency may be a basis for
33 sanction under Section 4-21. The Illinois Department may
34 implement this paragraph through the use of emergency rules
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1 in accordance with Section 5-45 of the Illinois
2 Administrative Procedure Act. For purposes of the Illinois
3 Administrative Procedure Act, the adoption of rules to
4 implement this paragraph shall be considered an emergency and
5 necessary for the public interest, safety, and welfare.
6 The eligibility of persons who, on the effective date of
7 this Code, are receiving aid under Article VI of the 1949
8 Code, for aid under this Article, and the continuity of their
9 grants, shall not be affected by the enactment of this Code.
10 (Source: P.A. 89-6, eff. 3-6-95.)
11 (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
12 Sec. 4-1.1. Child age eligibility.
13 (a) Every assistance unit must include a child, except
14 as provided in subsections (b) and (c). The child or children
15 must have already been born, except as otherwise provided in
16 this Section, and be under age 18, or, if age 18, must be a
17 full-time student in a secondary school or the equivalent
18 level of vocational or technical training. If federal law
19 permits or requires the inclusion of any children age 18 or
20 over in the Aid to Families with Dependent Children Program
21 under the Social Security Act, the Illinois Department may
22 provide for the inclusion of such children by rule.
23 Notwithstanding anything in this Section, if federal law
24 prohibits federal reimbursement for any children under age
25 18, such children shall not be eligible for aid under this
26 Article.
27 (b) Grants shall be provided for assistance units
28 consisting exclusively of a pregnant woman with no dependent
29 child, and may include her husband if living with her, if the
30 pregnancy has been determined by medical diagnosis, to the
31 extent that federal law permits and federal matching funds
32 are available.
33 (c) Grants may be provided for assistance units
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1 consisting of only adults if all the children living with
2 those adults are disabled and receive Supplemental Security
3 Income.
4 (Source: P.A. 84-773; revised 2-22-96.)
5 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
6 Sec. 4-1.2. Living Arrangements - Parents - Relatives -
7 Foster Care.
8 (a) The child or children must (1) be living with his or
9 their father, mother, grandfather, grandmother, brother,
10 sister, stepfather, stepmother, stepbrother, stepsister,
11 uncle or aunt, or other relative approved by the Illinois
12 Department, in a place of residence maintained by one or more
13 of such relatives as his or their own home, or (2) have been
14 (a) removed from the home of the parents or other relatives
15 by judicial order under the Juvenile Court Act or the
16 Juvenile Court Act of 1987, as amended, (b) placed under the
17 guardianship of the Department of Children and Family
18 Services, and (c) under such guardianship, placed in a foster
19 family home, group home or child care institution licensed
20 pursuant to the "Child Care Act of 1969", approved May 15,
21 1969, as amended, or approved by that Department as meeting
22 standards established for licensing under that Act. A child
23 so placed in foster care who was not receiving aid under this
24 Article in or for the month in which the court proceedings
25 leading to that placement were initiated may qualify only if
26 he lived in the home of his parents or other relatives at the
27 time the proceedings were initiated, or within 6 months prior
28 to the month of initiation, and would have received aid in
29 and for that month if application had been made therefor.
30 (b) The Illinois Department may, by rule, establish
31 those persons who are living together who must be included in
32 the same assistance unit in order to receive cash assistance
33 under this Article and the income and assets of those persons
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1 in an assistance unit which must be considered in determining
2 eligibility.
3 (c) The conditions of qualification herein specified
4 shall not prejudice aid granted under this Code for foster
5 care prior to the effective date of this 1969 Amendatory Act.
6 (Source: P.A. 85-1209.)
7 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
8 Sec. 4-1.6. Need). Income available to the family as
9 defined by the Illinois Department by rule, or to the child
10 in the case of a child removed from his or her home, when
11 added to contributions in money, substance or services from
12 other sources, including income available from parents absent
13 from the home or from a stepparent, contributions made for
14 the benefit of the parent or other persons necessary to
15 provide care and supervision to the child, and contributions
16 from legally responsible relatives, must be insufficient to
17 equal the grant amount established by Department regulation
18 for such a person.
19 In considering income to be taken into account,
20 consideration shall be given to any expenses reasonably
21 attributable to the earning of such income. The Illinois
22 Department may also, subject to such limitations as may be
23 prescribed by federal law or regulation, permit all or any
24 portion of earned or other income to be set aside for the
25 future identifiable needs of a child. If federal law or
26 regulations permit or require exemption of other income of
27 recipients, the Illinois Department may provide by rule and
28 regulation for the exemptions thus permitted or required.
29 The eligibility of any applicant for or recipient of public
30 aid under this Article is not affected by the payment of any
31 grant under the "Senior Citizens and Disabled Persons
32 Property Tax Relief and Pharmaceutical Assistance Act".
33 The Illinois Department may, by rule, set forth criteria
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1 under which an assistance unit is ineligible for cash
2 assistance under this Article for a specified number of
3 months due to the receipt of a lump sum payment.
4 (Source: P.A. 84-832.)
5 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
6 (Text of Section before amendment by P.A. 89-507)
7 Sec. 4-1.7. Enforcement of Parental Child Support
8 Obligation.) If the parent or parents of the child are
9 failing to meet or are delinquent in their legal obligation
10 to support the child, the parent or other person having
11 custody of the child or the Illinois Department may request
12 the law enforcement officer authorized or directed by law to
13 so act to file action for the enforcement of such remedies as
14 the law provides for the fulfillment of the child support
15 obligation.
16 If a parent has a judicial remedy against the other
17 parent to compel child support, or if, as the result of an
18 action initiated by or in behalf of one parent against the
19 other, a child support order has been entered in respect to
20 which there is noncompliance or delinquency, or where the
21 order so entered may be changed upon petition to the court to
22 provide additional support, the parent or other person having
23 custody of the child or the Illinois Department may request
24 the appropriate law enforcement officer to seek enforcement
25 of the remedy, or of the support order, or a change therein
26 to provide additional support. If the law enforcement
27 officer is not authorized by law to so act in these
28 instances, the parent, or if so authorized by law the other
29 person having custody of the child, or the Illinois
30 Department may initiate an action to enforce these remedies.
31 A parent or other person having custody of the child who
32 fails or refuses to comply with the requirements of Title IV
33 of the federal Social Security Act, and the regulations duly
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1 promulgated thereunder, regarding enforcement of the child
2 support obligation shall be denied aid or aid for that person
3 shall be terminated for as long as the failure or refusal
4 persists. The Illinois Department may provide by rule for
5 the grant or continuation of aid to the person for a
6 temporary period if he or she accepts counseling or other
7 services designed to increase his or her motivation to seek
8 enforcement of the child support obligation.
9 A child shall not be denied aid under this Article either
10 initially or subsequently because a parent or other person
11 having custody of the child fails or refuses to comply with
12 the requirements of this Section.
13 In addition to any other definition of failure or refusal
14 to comply with the requirements of Title IV of the federal
15 Social Security Act, in the case of failure to attend court
16 hearings, the parent or other person can show cooperation by
17 attending a court hearing or, if a court hearing cannot be
18 scheduled within 30 days following the court hearing that was
19 missed, by signing a statement that the parent or other
20 person is now willing to cooperate in the child support
21 enforcement process and will appear at any later scheduled
22 court date. The parent or other person can show cooperation
23 by signing such a statement only once. If failure to attend
24 the court hearing or other failure to cooperate results in
25 the case being dismissed, such a statement may be signed
26 after 2 months.
27 No denial or termination of medical assistance pursuant
28 to this Section shall commence during pregnancy of the parent
29 or other person having custody of the child or for 30 days
30 after the termination of such pregnancy. The termination of
31 medical assistance may commence thereafter if the Illinois
32 Department determines that the failure or refusal to comply
33 with this Section persists. Postponement of denial or
34 termination of medical assistance during pregnancy under this
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1 paragraph shall be effective only to the extent it does not
2 conflict with federal law or regulation.
3 Any evidence a parent or other person having custody of
4 the child gives in order to comply with the requirements of
5 this Section shall not render him or her liable to
6 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
7 of 1961", approved July 28, 1961, as amended.
8 When so requested, the Illinois Department shall provide
9 such services and assistance as the law enforcement officer
10 may require in connection with the filing of any action
11 hereunder.
12 The Illinois Department, and as an expense of
13 administration, may also provide applicants for and
14 recipients of aid with such services and assistance,
15 including assumption of the reasonable costs of prosecuting
16 any action or proceeding, as may be necessary to enable them
17 to enforce the child support liability required hereunder.
18 Nothing in this Section shall be construed as a
19 requirement that an applicant or recipient file an action for
20 dissolution of marriage against his or her spouse.
21 (Source: P.A. 85-1308.)
22 (Text of Section after amendment by P.A. 89-507)
23 Sec. 4-1.7. Enforcement of Parental Child Support
24 Obligation.) If the parent or parents of the child are
25 failing to meet or are delinquent in their legal obligation
26 to support the child, the parent or other person having
27 custody of the child or the Illinois Department of Public Aid
28 may request the law enforcement officer authorized or
29 directed by law to so act to file action for the enforcement
30 of such remedies as the law provides for the fulfillment of
31 the child support obligation.
32 If a parent has a judicial remedy against the other
33 parent to compel child support, or if, as the result of an
34 action initiated by or in behalf of one parent against the
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1 other, a child support order has been entered in respect to
2 which there is noncompliance or delinquency, or where the
3 order so entered may be changed upon petition to the court to
4 provide additional support, the parent or other person having
5 custody of the child or the Illinois Department of Public Aid
6 may request the appropriate law enforcement officer to seek
7 enforcement of the remedy, or of the support order, or a
8 change therein to provide additional support. If the law
9 enforcement officer is not authorized by law to so act in
10 these instances, the parent, or if so authorized by law the
11 other person having custody of the child, or the Illinois
12 Department of Public Aid may initiate an action to enforce
13 these remedies.
14 A parent or other person having custody of the child must
15 who fails or refuses to comply with the requirements of Title
16 IV of the federal Social Security Act, and the regulations
17 duly promulgated thereunder, and any rules promulgated by the
18 Illinois Department regarding enforcement of the child
19 support obligation shall be denied aid or aid for that person
20 shall be terminated for as long as the failure or refusal
21 persists. The Illinois Department of Public Aid and the
22 Department of Human Services may provide by rule for the
23 grant or continuation of aid to the person for a temporary
24 period if he or she accepts counseling or other services
25 designed to increase his or her motivation to seek
26 enforcement of the child support obligation.
27 A child shall not be denied aid under this Article either
28 initially or subsequently because a parent or other person
29 having custody of the child fails or refuses to comply with
30 the requirements of this Section.
31 In addition to any other definition of failure or refusal
32 to comply with the requirements of Title IV of the federal
33 Social Security Act, or Illinois Department rule, in the case
34 of failure to attend court hearings, the parent or other
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1 person can show cooperation by attending a court hearing or,
2 if a court hearing cannot be scheduled within 14 30 days
3 following the court hearing that was missed, by signing a
4 statement that the parent or other person is now willing to
5 cooperate in the child support enforcement process and will
6 appear at any later scheduled court date. The parent or
7 other person can show cooperation by signing such a statement
8 only once. If failure to attend the court hearing or other
9 failure to cooperate results in the case being dismissed,
10 such a statement may be signed after 2 months.
11 No denial or termination of medical assistance pursuant
12 to this Section shall commence during pregnancy of the parent
13 or other person having custody of the child or for 30 days
14 after the termination of such pregnancy. The termination of
15 medical assistance may commence thereafter if the Illinois
16 Department of Public Aid determines that the failure or
17 refusal to comply with this Section persists. Postponement
18 of denial or termination of medical assistance during
19 pregnancy under this paragraph shall be effective only to the
20 extent it does not conflict with federal law or regulation.
21 Any evidence a parent or other person having custody of
22 the child gives in order to comply with the requirements of
23 this Section shall not render him or her liable to
24 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
25 of 1961", approved July 28, 1961, as amended.
26 When so requested, the Illinois Department of Public Aid
27 and the Department of Human Services shall provide such
28 services and assistance as the law enforcement officer may
29 require in connection with the filing of any action
30 hereunder.
31 The Illinois Department of Public Aid and the Department
32 of Human Services, and as an expense of administration, may
33 also provide applicants for and recipients of aid with such
34 services and assistance, including assumption of the
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1 reasonable costs of prosecuting any action or proceeding, as
2 may be necessary to enable them to enforce the child support
3 liability required hereunder.
4 Nothing in this Section shall be construed as a
5 requirement that an applicant or recipient file an action for
6 dissolution of marriage against his or her spouse.
7 (Source: P.A. 89-507, eff. 7-1-97.)
8 (305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9)
9 Sec. 4-1.9. Participation in Educational and Vocational
10 Training Programs.
11 (a) A parent or parents and a child age 16 or over not
12 in regular attendance in school, as defined in Section 4-1.1
13 as that Section existed on August 26, 1969 (the effective
14 date of Public Act 76-1047), for whom education and training
15 is suitable, must participate in the educational and
16 vocational training programs provided pursuant to Article
17 IXA.
18 (b) A parent who is less than 20 18 years of age and who
19 has not received a high school diploma or high school
20 equivalency certificate is required to be enrolled in school
21 or in an educational program that is expected to result in
22 the receipt of a high school diploma or high school
23 equivalency certificate, except 18 and 19 year old parents
24 may be assigned to work activities or training if it is
25 determined based on an individualized assessment that
26 secondary school is inappropriate or be subject to sanction
27 under Article IXA.
28 (Source: P.A. 88-670, eff. 12-2-94; 89-6, eff. 3-6-95.)
29 (305 ILCS 5/4-1.12 new)
30 Sec. 4-1.12. Five year limitation.
31 No assistance unit shall be eligible for a cash grant
32 under this Article if it includes an adult who has received
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1 cash assistance as an adult for 60 months, whether or not
2 consecutive, after the effective date of this amendatory Act
3 of 1997. The Illinois Department may exempt individual
4 assistance units from the 60-month limitation or determine
5 circumstances under which a month or months would not count
6 towards the 60-month limitation even though the assistance
7 unit did receive cash assistance under this Article.
8 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
9 Sec. 4-2. Amount of aid.
10 (a) The amount and nature of financial aid shall be
11 determined in accordance with the standards, grant amounts,
12 rules and regulations of the Illinois Department. Due regard
13 shall be given to the self-sufficiency requirements of the
14 family and to the income, money contributions and other
15 support and resources available, from whatever source.
16 Beginning July 1, 1992, the supplementary grants previously
17 paid under this Section shall no longer be paid. However,
18 the amount and nature of any financial aid is not affected by
19 the payment of any grant under the "Senior Citizens and
20 Disabled Persons Property Tax Relief and Pharmaceutical
21 Assistance Act". The aid shall be sufficient, when added to
22 all other income, money contributions and support to provide
23 the family with a grant in the amount established by
24 Department regulation.
25 (b) The Illinois Department may conduct special
26 projects, which may be known as Grant Diversion Projects,
27 under which recipients of financial aid under this Article
28 are placed in jobs and their grants are diverted to the
29 employer who in turn makes payments to the recipients in the
30 form of salary or other employment benefits. The Illinois
31 Department shall by rule specify the terms and conditions of
32 such Grant Diversion Projects. Such projects shall take into
33 consideration and be coordinated with the programs
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1 administered under the Illinois Emergency Employment
2 Development Act.
3 (c) The amount and nature of the financial aid for a
4 child requiring care outside his own home shall be determined
5 in accordance with the rules and regulations of the Illinois
6 Department, with due regard to the needs and requirements of
7 the child in the foster home or institution in which he has
8 been placed.
9 (d) If the Department establishes grants for family
10 units consisting exclusively of a pregnant woman with no
11 dependent child or including her husband if living with her,
12 the grant amount for such a unit shall be equal to the grant
13 amount for an assistance unit consisting of one adult, or 2
14 persons if the husband is included. Other than as herein
15 described, an unborn child shall not be counted in
16 determining the size of an assistance unit or for calculating
17 grants.
18 Payments for basic maintenance requirements of a child or
19 children and the relative with whom the child or children are
20 living shall be prescribed, by rule, by the Illinois
21 Department.
22 These grants may be increased in the following circumstances:
23 1. If the child is living with both parents or with
24 persons standing in the relationship of parents, and if
25 the grant is necessitated because of the unemployment or
26 insufficient earnings of the parent or parents and
27 neither parent is receiving benefits under "The
28 Unemployment Compensation Act", approved June 30, 1937,
29 as amended, the maximum may be increased by not more than
30 $25.
31 2. If a child is age 13 or over, the maximum may be
32 increased by not more than $15.
33 The allowances provided under Article IX for recipients
34 participating in the training and rehabilitation programs
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1 shall be in addition to the maximum payments established in
2 this Section.
3 Grants under this Article shall not be supplemented by
4 General Assistance provided under Article VI.
5 (e) Grants shall be paid to the parent or other person
6 with whom the child or children are living, except for such
7 amount as is paid in behalf of the child or his parent or
8 other relative to other persons or agencies pursuant to this
9 Code or the rules and regulations of the Illinois Department.
10 (f) An assistance unit, receiving financial aid under
11 this Article or temporarily ineligible to receive aid under
12 this Article under a penalty imposed by the Illinois
13 Department for failure to comply with the eligibility
14 requirements or that voluntarily requests termination of
15 financial assistance under this Article and becomes
16 subsequently eligible for assistance within 9 months, shall
17 not receive any increase in the amount of aid solely on
18 account of the birth of a child; except that an increase is
19 not prohibited when the birth is (i) of a child of a pregnant
20 woman who became eligible for aid under this Article during
21 the pregnancy, or (ii) of a child born within 10 months after
22 the date of implementation of this subsection, or (iii) of a
23 child conceived after a family became ineligible for
24 assistance due to income or marriage and at least 3 months of
25 ineligibility expired before any reapplication for
26 assistance. This subsection does not, however, prevent a
27 unit from receiving a general increase in the amount of aid
28 that is provided to all recipients of aid under this Article.
29 The Illinois Department is authorized to transfer funds,
30 and shall use any budgetary savings attributable to not
31 increasing the grants due to the births of additional
32 children, to supplement existing funding for employment and
33 training services within the JOBS or its successor program
34 for recipients of aid under this Article IV. The Illinois
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1 Department shall target, to the extent the supplemental
2 funding allows, employment and training JOBS services to the
3 families who do not receive a grant increase after the birth
4 of a child. In addition, the Illinois Department shall
5 provide, to the extent the supplemental funding allows, such
6 families with up to 24 months of transitional child care
7 pursuant to Illinois Department rules. All remaining
8 supplemental funds shall be used for JOBS employment and
9 training services or transitional child care support.
10 In making the transfers authorized by this subsection,
11 the Illinois Department shall first determine, pursuant to
12 regulations adopted by the Illinois Department for this
13 purpose, the amount of savings attributable to not increasing
14 the grants due to the births of additional children.
15 Transfers may be made from General Revenue Fund
16 appropriations for distributive purposes authorized by
17 Article IV of this Code only to General Revenue Fund
18 appropriations for employability development services
19 including operating and administrative costs and related
20 distributive purposes under Article IXA of this Code. The
21 Director, with the approval of the Governor, shall certify
22 the amount and affected line item appropriations to the State
23 Comptroller.
24 The Illinois Department shall apply for all waivers of
25 federal law and regulations necessary to implement this
26 subsection; implementation of this subsection is contingent
27 on the Illinois Department receiving all necessary federal
28 waivers. The Illinois Department may implement this
29 subsection through the use of emergency rules in accordance
30 with Section 5-45 of the Illinois Administrative Procedure
31 Act. For purposes of the Illinois Administrative Procedure
32 Act, the adoption of rules to implement this subsection shall
33 be considered an emergency and necessary for the public
34 interest, safety, and welfare.
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1 Nothing in this subsection shall be construed to prohibit
2 the Illinois Department from using AFDC funds under this
3 Article IV to provide assistance in the form of vouchers that
4 may be used to pay for goods and services deemed by the
5 Illinois Department, by rule, as suitable for the care of the
6 child such as diapers, clothing, school supplies, and cribs.
7 (g) Notwithstanding any other provision of this Code to
8 the contrary, the Illinois Department is authorized to reduce
9 or eliminate payments for supplementary grants under the
10 first paragraph of this Section as necessary to implement
11 contingency reserves under the Emergency Budget Act of Fiscal
12 Year 1992, to the extent permitted by federal law. Any such
13 reduction or elimination shall expire on July 1, 1992.
14 (h) Notwithstanding any other provision of this Code,
15 the Illinois Department is authorized to reduce payment
16 levels used to determine cash grants under this Article after
17 December 31 of any fiscal year if the Illinois Department
18 determines that the caseload upon which the appropriations
19 for the current fiscal year are based have increased by more
20 than 5% and the appropriation is not sufficient to ensure
21 that cash benefits under this Article do not exceed the
22 amounts appropriated for those cash benefits. Reductions in
23 payment levels may be accomplished by emergency rule under
24 Section 5-45 of the Illinois Administrative Procedure Act,
25 except that the limitation on the number of emergency rules
26 that may be adopted in a 24-month period shall not apply and
27 the provisions of Sections 5-115 and 5-125 of the Illinois
28 Administrative Procedure Act shall not apply. Increases in
29 payment levels shall be accomplished only in accordance with
30 Section 5-40 of the Illinois Administrative Procedure Act.
31 Before any rule to increase payment levels promulgated under
32 this Section shall become effective, a joint resolution
33 approving the rule must be adopted by a roll call vote by a
34 majority of the members elected to each chamber of the
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1 General Assembly.
2 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
3 89-641, eff. 8-9-96.)
4 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
5 Sec. 4-8. Mismanagement of assistance grant.
6 (a) If the County Department has reason to believe that
7 the money payment for basic maintenance is not being used, or
8 may not be used, in the best interests of the child and the
9 family and that there is present or potential damage to the
10 standards of health and well-being that the grant is intended
11 to assure, the County Department shall provide the parent or
12 other relative with the counseling and guidance services with
13 respect to the use of the grant and the management of other
14 funds available to the family as may be required to assure
15 use of the grant in the best interests of the child and
16 family. The Illinois Department shall by rule prescribe
17 criteria which shall constitute evidence of grant
18 mismanagement. The criteria shall include but not be limited
19 to the following:
20 (1) A determination that a child in the assistance
21 unit is not receiving proper and necessary support or
22 other care for which assistance is being provided under
23 this Code.
24 (2) A record establishing that the parent or
25 relative has been found guilty of public assistance fraud
26 under Article VIIIA.
27 (3) A determination by an appropriate person,
28 entity, or agency that the parent or other relative
29 requires treatment for alcohol or substance abuse, mental
30 health services, or other special care or treatment.
31 The Department shall at least consider non-payment of
32 rent for two consecutive months as evidence of grant
33 mismanagement by a parent or relative of a recipient who is
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1 responsible for making rental payments for the housing or
2 shelter of the child or family, unless the Department
3 determines that the non-payment is necessary for the
4 protection of the health and well-being of the recipient. The
5 County Department shall advise the parent or other relative
6 grantee that continued mismanagement will result in the
7 application of one of the sanctions specified in this
8 Section.
9 The Illinois Department shall consider irregular school
10 attendance by children of elementary school age grades 1
11 through 8 6, as evidence of lack of proper and necessary
12 support or care. The Department may extend this consideration
13 to children in grades higher than 8.
14 The Illinois Department shall develop preventive programs
15 in collaboration with elementary school and social service
16 networks to encourage school attendance of children receiving
17 assistance under Article IV. To the extent that Illinois
18 Department and community resources are available, the
19 programs shall serve families whose children in grades 1
20 through 8 6 are not attending elementary school regularly, as
21 defined by the school. The Department may extend these
22 programs to families whose children are in grades higher than
23 8. The programs shall include referrals from the school to a
24 social service network, assessment and development of a
25 service plan by one or more network representatives, and the
26 Illinois Department's encouragement of the family to follow
27 through with the service plan. Families that fail to follow
28 the service plan as determined by the service provider, shall
29 be subject to the protective payment provisions of this
30 Section and Section 4-9 of this Code.
31 Families for whom a protective payment plan has been in
32 effect for at least 3 months and whose elementary school
33 children continue to regularly miss school shall be subject
34 to a sanction under Section 4-21 of the parent's portion of
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1 the grant. The sanction shall continue until the children
2 demonstrate satisfactory attendance, as defined by the
3 school. To the extent necessary to implement this Section,
4 the Illinois Department shall seek appropriate waivers of
5 federal requirements from the U.S. Department of Health and
6 Human Services.
7 The Illinois Department may implement the amendatory
8 changes to this Section made by this amendatory Act of 1995
9 through the use of emergency rules in accordance with the
10 provisions of Section 5-45 of the Illinois Administrative
11 Procedure Act. For purposes of the Illinois Administrative
12 Procedure Act, the adoption of rules to implement the
13 amendatory changes to this Section made by this amendatory
14 Act of 1995 shall be deemed an emergency and necessary for
15 the public interest, safety, and welfare.
16 (b) If the local office has reason to believe that a
17 caretaker relative is experiencing substance abuse:
18 (i) If there is another family member or friend who
19 is ensuring that the family's needs are being met, that
20 person, if willing, shall be assigned as protective
21 payee.
22 (ii) If there is no family member or close friend
23 to serve as protective payee, the Department shall
24 determine if a referral to the Department of Children and
25 Family Services is warranted and, if appropriate, make
26 the referral.
27 (iii) The Department shall contact the individual
28 who is thought to be experiencing substance abuse and
29 explain why the protective payee has been assigned and
30 refer the individual to treatment.
31 (c) This subsection (c) applies to cases other than
32 those described in subsection (b). If the efforts to correct
33 the mismanagement of the grant have failed, the County
34 Department, in accordance with the rules and regulations of
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1 the Illinois Department, shall initiate one or more of the
2 following actions:
3 1. Provide for a protective payment to a substitute
4 payee, as provided in Section 4-9. This action may be
5 initiated for any assistance unit containing a child
6 determined to be neglected by the Department of Children
7 and Family Services under the Abused and Neglected Child
8 Reporting Act, and in any case involving a record of
9 public assistance fraud.
10 2. Provide for issuance of all or part of the grant
11 in the form of disbursing orders. This action may be
12 initiated in any case involving a record of public
13 assistance fraud, or upon the request of a substitute
14 payee designated under Section 4-9.
15 3. File a petition under the Juvenile Court Act of
16 1987 for an Order of Protection under Sections 2-25,
17 2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that
18 Act.
19 4. Institute a proceeding under the Juvenile Court
20 Act of 1987 for the appointment of a guardian or legal
21 representative for the purpose of receiving and managing
22 the public aid grant.
23 5. If the mismanagement of the grant, together with
24 other factors, have rendered the home unsuitable for the
25 best welfare of the child, file a neglect petition under
26 the Juvenile Court Act of 1987, requesting the removal of
27 the child or children.
28 (Source: P.A. 88-412; 89-6, eff. 3-6-95.)
29 (305 ILCS 5/4-12) (from Ch. 23, par. 4-12)
30 Sec. 4-12. Crisis assistance. The following groups of
31 families who receive assistance under Section 4-1 who are
32 also found eligible to receive assistance under this Section
33 shall be provided such assistance in the amounts and within
HB0204 Enrolled -25- LRB9001426WHmg
1 such times as are herein specified: (1) families who receive
2 assistance (or who meet all eligibility criteria for receipt
3 of assistance) under Article IV of this Code; (2) other
4 families which contain a child under 21 years old and which
5 meet the financial eligibility criteria for assistance under
6 Article IV of this Code; and (3) pregnant women whose
7 pregnancy has been determined by medical diagnosis and where
8 the woman and child would have been eligible for assistance
9 under Article IV of this Code if the child were already born.
10 No assistance provided pursuant to this Section shall be
11 treated as income in computing the regular basic maintenance
12 assistance grant under any other Section.
13 (a) Special Assistance: Where a family has been (1)
14 rendered homeless or threatened with homelessness by fire,
15 flood, other natural disaster, eviction or court order to
16 vacate the premises for reasons other than nonpayment of
17 rent, or where a spouse and child have become homeless
18 because they have left the residence occupied by a spouse who
19 was physically abusing the now homeless spouse or child; (2)
20 deprived of essential items of furniture or essential
21 clothing by fire or flood or other natural disaster; (3)
22 deprived of food as a result of actions other than loss or
23 theft of cash and where the deprivation cannot be promptly
24 alleviated through the federal food stamp program; (4) as a
25 result of a documented theft or documented loss of cash,
26 deprived of food or essential clothing or deprived of shelter
27 or immediately threatened with deprivation of shelter as
28 evidenced by a court order requiring immediate eviction due
29 to nonpayment of rent threatened with the dissolution of the
30 family unit by economic necessity as evidenced by a decision
31 by the Illinois Department of Children and Family Services
32 that the child would have to be placed in a foster parent
33 setting if the economic crisis is not alleviated; or (5)
34 rendered the victim of such other hardships as the Illinois
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1 Department shall by rule define, the Illinois Department may
2 shall provide assistance to alleviate such special needs.
3 The Illinois Department shall verify need and determine
4 eligibility for crisis special assistance for families
5 already receiving grants from the Illinois Department within
6 5 working days following application for such assistance and
7 shall determine eligibility for all other families and afford
8 such assistance for families found eligible within such time
9 limits as the Illinois Department shall by rule provide. The
10 Illinois Department may, by rule, limit crisis special
11 assistance to an eligible family to once for a period not
12 exceeding 30 consecutive days in any 12 consecutive months.
13 This limitation may be made for some or all items of crisis
14 special assistance.
15 (b) Emergency Assistance: Where, as a result of
16 documented theft or documented loss of cash, a family has
17 been deprived of food or essential clothing or deprived of
18 shelter or immediately threatened with deprivation of shelter
19 as evidenced by a court order requiring immediate eviction
20 due to nonpayment of rent, the Illinois Department shall
21 provide emergency assistance to alleviate such deprivation.
22 The Illinois Department may provide emergency assistance in
23 cases where it would otherwise provide special assistance if
24 such emergency assistance payments are eligible for federal
25 reimbursement under Section 406(e) of the Social Security
26 Act. Emergency assistance shall be available to an eligible
27 family for a period not exceeding 30 consecutive days in any
28 12 consecutive months. The Illinois Department shall verify
29 need for, determine eligibility for, and deliver assistance
30 to or for the benefit of families determined eligible for
31 emergency assistance within time periods which are consonant
32 with the requirements for provision of emergency assistance
33 under Section 406(e) of the Social Security Act. The Illinois
34 Department may also enter into written agreements with
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1 private and public social service agencies in order to
2 provide food, essential clothing, and shelter to recipients
3 of assistance under Section 4-1 who are without lodging,
4 food, or essential clothing during a weekend or holiday when
5 the Department's offices are closed. Such contracts shall
6 require the social service agency to report any such
7 assistance to the Department's recipient's local office on
8 the first business day occurring after the social service
9 agency provides such assistance.
10 (c) The Illinois Department by regulation shall specify
11 the criteria for determining eligibility and the amount and
12 nature of assistance to be provided in each of the situations
13 described in subparagraphs (a) and (b) above. Where
14 deprivation of shelter exists or is threatened, the Illinois
15 Department may provide reasonable moving expenses, short term
16 rental costs, including one month's rent and a security
17 deposit where such expenses are needed for relocation, and,
18 where the Department determines appropriate, provide
19 assistance to prevent an imminent eviction or foreclosure.
20 These amounts may be described in established amounts or
21 maximums. The Illinois Department may also describe, for
22 each form of assistance authorized, the method by which the
23 assistance shall be delivered, including but not limited to
24 warrants or disbursing orders.
25 (d) Financial Limitations: Annual expenditures under
26 this Section shall not exceed $2,000,000 $3,000,000. The
27 Illinois Department shall review such expenditures quarterly
28 and shall, if necessary, reduce the amounts or nature of
29 assistance authorized in order to assure that the limit is
30 not exceeded.
31 (e) The Illinois Department may implement the amendatory
32 changes to this Section made by this amendatory Act of 1991
33 through the use of emergency rules in accordance with the
34 provisions of Section 5-45 of the Illinois Administrative
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1 Procedure Act. For purposes of the Illinois Administrative
2 Procedure Act, the adoption of rules to implement the
3 amendatory changes to this Section made by this amendatory
4 Act of 1991 shall be deemed an emergency and necessary for
5 the public interest, safety and welfare.
6 (Source: P.A. 87-14; 87-860.)
7 (305 ILCS 5/4-21 new)
8 Sec. 4-21. Sanctions.
9 (a) The Illinois Department shall, by rule, establish a
10 system of sanctions for persons who fail to cooperate,
11 without good cause, with employment and training programs or
12 other programs under this Article or Article IXA or who fail
13 to cooperate with child support programs under this Article,
14 Article X, or Title IV of the federal Social Security Act.
15 The sanctions may discontinue all or part of the cash grant
16 provided under this Article. The sanctions may be time
17 limited or continue until the person cooperates in the
18 program. The sanctions may be progressive in that a second,
19 third, or further sanction may be progressively more severe
20 or last longer.
21 (b) The Illinois Department shall, by rule, define what
22 constitutes failure to cooperate and what constitutes good
23 cause which would excuse that failure.
24 (305 ILCS 5/4-22 new)
25 Sec. 4-22. Domestic violence.
26 (a) The assessment process to develop the personal plan
27 for achieving self-sufficiency shall include questions that
28 screen for domestic violence issues. If the individual
29 indicates that he or she is the victim of domestic violence
30 and indicates a need to address domestic violence issues in
31 order to reach self-sufficiency, the plan shall take this
32 factor into account in determining the work, education, and
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1 training activities suitable to the client for achieving
2 self-sufficiency. In addition, in such a case, specific
3 steps needed to directly address the domestic violence issues
4 may also be made part of the plan, including referral to an
5 available domestic violence program.
6 (b) The Illinois Department shall develop and monitor
7 compliance procedures for its employees, contractors, and
8 subcontractors to ensure that any information pertaining to
9 any client who claims to be a past or present victim of
10 domestic violence or an individual at risk of further
11 domestic violence, whether provided by the victim or by a
12 third party, will remain confidential.
13 (305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)
14 (Text of Section before amendment by P.A. 89-507)
15 Sec. 6-1.3. Utilization of Aid Available Under Other
16 Provisions of Code.) The person must have been determined
17 ineligible for aid under the federally funded programs to aid
18 refugees and Articles III, IV or V. Nothing in this Section
19 shall prevent the use of General Assistance funds to pay any
20 portion of the costs of care and maintenance in a residential
21 drug abuse treatment program licensed by the Department of
22 Alcoholism and Substance Abuse, or in a County Nursing Home,
23 or in a private nursing home, retirement home or other
24 facility for the care of the elderly, of a person otherwise
25 eligible to receive General Assistance except for the
26 provisions of this paragraph.
27 A person otherwise eligible for aid under the federally
28 funded programs to aid refugees or Articles III, IV or V who
29 fails or refuses to comply with provisions of this Code or
30 other laws, or rules and regulations of the Illinois
31 Department, which would qualify him for aid under those
32 programs or Articles, shall not receive General Assistance
33 under this Article nor shall any of his dependents whose
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1 eligibility is contingent upon such compliance receive
2 General Assistance.
3 (Source: P.A. 83-1528.)
4 (Text of Section after amendment by P.A. 89-507)
5 Sec. 6-1.3. Utilization of Aid Available Under Other
6 Provisions of Code. The person must have been determined
7 ineligible for aid under the federally funded programs to aid
8 refugees and Articles III, IV or V. Nothing in this Section
9 shall prevent the use of General Assistance funds to pay any
10 portion of the costs of care and maintenance in a residential
11 drug abuse treatment program licensed by the Department of
12 Human Services, or in a County Nursing Home, or in a private
13 nursing home, retirement home or other facility for the care
14 of the elderly, of a person otherwise eligible to receive
15 General Assistance except for the provisions of this
16 paragraph.
17 A person otherwise eligible for aid under the federally
18 funded programs to aid refugees or Articles III, IV or V who
19 fails or refuses to comply with provisions of this Code or
20 other laws, or rules and regulations of the Illinois
21 Department, which would qualify him for aid under those
22 programs or Articles, shall not receive General Assistance
23 under this Article nor shall any of his dependents whose
24 eligibility is contingent upon such compliance receive
25 General Assistance.
26 Persons and families who are ineligible for aid under
27 Article IV due to having received benefits under Article IV
28 for any maximum time limits set under the Illinois Temporary
29 Assistance to Needy Families (TANF) Plan shall not be
30 eligible for General Assistance under this Article unless the
31 Illinois Department or the local governmental unit, by rule,
32 specifies that those persons or families may be eligible.
33 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
2 Sec. 9A-3. Establishment of Program and Level of
3 Services.
4 (a) The Illinois Department shall establish and maintain
5 a program to provide recipients with services consistent with
6 the purposes and provisions of this Article. The program
7 offered in different counties of the State may vary depending
8 on the resources available to the State to provide a program
9 under this Article, and no program may be offered in some
10 counties, depending on the resources available. Services may
11 be provided directly by the Illinois Department or through
12 contract, as allowed by federal law. References to the
13 Illinois Department or staff of the Illinois Department shall
14 include contractors when the Illinois Department has entered
15 into contracts for these purposes. The Illinois Department
16 shall provide each recipient who participates with such
17 services available under the program as are necessary to
18 achieve his employability plan as specified in the plan.
19 (b) The Illinois Department, in operating the program,
20 shall cooperate with public and private education and
21 vocational training or retraining agencies or facilities, the
22 Illinois State Board of Education, the Illinois Community
23 College Board, the Departments of Employment Security and
24 Commerce and Community Affairs or other sponsoring
25 organizations funded under the federal Job Training
26 Partnership Act and other public or licensed private
27 employment agencies.
28 (c) The Illinois Department shall target resources to
29 the following groups:
30 (1) current recipients who have received Aid to
31 Families with Dependent Children for any 36 of the
32 preceding 60 months;
33 (2) applicants for Aid to Families with Dependent
34 Children who have received Aid to Families with Dependent
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1 Children for any 36 of the 60 months immediately
2 preceding the most recent month for which application has
3 been made;
4 (3) custodial parents under age 24 who have not
5 completed high school or have little or no work
6 experience within the preceding year; or
7 (4) members of families in which the youngest child
8 is within 2 years of being ineligible for assistance
9 under this Article because of age.
10 (Source: P.A. 86-1184; 86-1381; 86-1475; 87-860.)
11 (305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
12 Sec. 9A-4. Participation.
13 (a) Except for those exempted under subsection (b)
14 below, and to the extent resources permit, the Illinois
15 Department as a condition of eligibility for public aid, may,
16 as provided by rule, require all recipients to participate in
17 an education, training, and employment program, which shall
18 include accepting suitable employment and refraining from
19 terminating employment or reducing earnings without good
20 cause.
21 (b) Recipients shall be exempt from the requirement of
22 participation in the education, training, and employment
23 program in the following circumstances:
24 (1) The recipient is a person over age 60 (i) is
25 not a parent and is under age 16 or (ii) is age 60 or
26 older; or
27 (2) The recipient is a person with a child under
28 age one. temporarily medically unable to participate,
29 including a period of recuperation after childbirth;
30 (3) The recipient is chronically medically unable
31 to participate;
32 (4) The recipient resides in an area so remote, as
33 defined by rule, as to preclude effective participation
HB0204 Enrolled -33- LRB9001426WHmg
1 in the program;
2 (5) The recipient is needed in the home because of
3 the illness or incapacity of another member of the
4 household;
5 (6) The recipient works 30 or more hours a week;
6 (7) The recipient, age 16 through 18, is attending
7 full time an elementary, secondary, vocational or
8 technical school (If the individual loses this exemption
9 because he or she is no longer in school, the exemption
10 is no longer applicable even if the individual returns to
11 school);
12 (8) The recipient is in the 4th month of pregnancy
13 or later;
14 (9) The recipient is the parent or other relative
15 of a child under 3 years of age who is personally
16 providing care for the child;
17 (10) The recipient is enrolled full time as a VISTA
18 volunteer under Title I of the 1973 Domestic Volunteer
19 Services Act (42 U.S.C. 4951 et seq.).
20 (c) Notwithstanding subsections (a) and (b) above, a
21 custodial parent who is under 20 years of age, has not earned
22 a high school diploma or its equivalent and is not exempt
23 from participation under any exemption other than the one
24 based upon the age of the child found in paragraph (9) of
25 subsection (b) of this Section, is not exempt from
26 participation in educational activities directed toward
27 obtaining a high school diploma or its equivalent. Such
28 educational activities may be on a full-time basis (as
29 defined by the educational provider).
30 (d) A custodial parent age 16 or 17 may be excused from
31 educational activities directed toward obtaining a high
32 school diploma (or equivalent) if the parent is unable to
33 participate due to his or her own mental or physical illness
34 or that of his or her spouse or child, or is homeless, or is
HB0204 Enrolled -34- LRB9001426WHmg
1 experiencing family or personal crisis.
2 (e) A custodial parent who is age 18 or 19 may
3 participate in training or work activities instead of
4 educational activities if one of the following conditions is
5 met:
6 (1) prior to any assignment of the parent to
7 educational activities, it is determined, based on an
8 educational assessment and the employment goal
9 established in the parents' employability plan, that
10 participation in educational activities is not
11 appropriate; or
12 (2) the parent fails to make good progress in
13 successfully completing educational activities, and it is
14 determined based on an individual assessment, and the
15 employment plan that the educational activity is not
16 appropriate.
17 (Source: P.A. 88-412; 89-6, eff. 3-6-95.)
18 (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
19 Sec. 9A-7. Good Cause and Pre-Sanction Process
20 Conciliation.
21 (a) The Department shall establish by rule what
22 constitutes good cause for failure to participate in
23 education, training and employment programs, failure to
24 accept suitable employment or terminating employment or
25 reducing earnings.
26 The Department shall establish, by rule, a pre-sanction
27 process to assist in resolving disputes over proposed
28 sanctions and in determining if good cause exists. Good cause
29 shall may include, but not be limited to:
30 (1) temporary illness for its duration illness or
31 incapacity;
32 (2) court required appearance or temporary
33 incarceration;
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1 (3) (blank) family crisis;
2 (4) death in the family;
3 (5) (blank) breakdown in child care arrangements;
4 (6) (blank) sudden and unexpected emergency;
5 (7) (blank) unavailability of otherwise suitable
6 child care;
7 (8) (blank) breakdown in transportation
8 arrangements or lack of reasonable available
9 transportation;
10 (9) extreme inclement weather;
11 (10) (blank) the job referral does not meet
12 appropriate work or training criteria;
13 (11) lack of any support service even though the
14 necessary service is not specifically provided under the
15 Department program, to the extent the lack of the needed
16 service presents a significant barrier to participation;
17 (12) if an individual is engaged in employment or
18 training or both that is consistent with the employment
19 related goals of the program, if such employment and
20 training is later approved by Department staff;
21 (13) (blank) failure to cooperate due to symptoms
22 of conditions for which the participant may need
23 rehabilitation services;
24 (14) failure of Department staff to correctly
25 forward the information to other Department staff;
26 (15) failure of the participant to cooperate
27 because of attendance at a test or a mandatory class or
28 function at an educational program (including college),
29 when an education or training program is officially
30 approved by the Department;
31 (16) failure of the participant due to his or her
32 illiteracy;
33 (17) failure of the participant because it is
34 determined that he or she should be in a different
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1 activity component;
2 (18) non-receipt by the participant of a notice
3 advising him or her of a participation requirement, if
4 documented by the participant. Documentation can include,
5 but is not limited to: a written statement from the post
6 office or other informed individual: the notice not sent
7 to the participant's last known address in Department
8 records; return of the notice by the post office; other
9 returned mail; proof of previous mail theft problems.
10 When determining whether or not the participant has
11 demonstrated non-receipt, the Department shall take into
12 consideration a participant's history of cooperation or
13 non-cooperation in the past. If the documented
14 non-receipt of mail occurs frequently, the Department
15 shall explore an alternative means of providing notices
16 of participation requests to participants;
17 (19) (blank) not accepting employment that would
18 result in a net loss of cash income. Net loss of cash
19 income results if the family's gross income less actual
20 necessary work-related expenses is less than cash
21 assistance the individual was receiving at the time the
22 offer of employment is made;
23 (20) non-comprehension of English, either written
24 or oral or both;
25 (21) (blank) failure of Department staff to make an
26 appropriate employability assessment or plan or both;
27 (22) (blank) the individual personally provides
28 care for a child under age 6 and the employment would
29 require working more than 20 hours per week;
30 (23) child care (or day care for an incapacitated
31 individual living in the same home as a dependent child)
32 is necessary for the participation or employment and such
33 care is not available for a child under age 13;
34 (24) failure to participate in an activity due to a
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1 scheduled job interview;
2 (25) the individual is homeless. Homeless
3 individuals (including the family) have no current
4 residence and no expectation of acquiring one in the next
5 30 days. This includes individuals residing in overnight
6 and transitional (temporary) shelters. This does not
7 include individuals who are sharing a residence with
8 friends or relatives on a continuing basis;
9 (26) circumstances beyond the control of the
10 participant which prevent the participant from completing
11 program requirements; or
12 (27) (blank) other reasons not listed that
13 Department staff determine are appropriate.
14 (b) (Blank) No determination of failure of a recipient
15 to participate in the education, training and employment
16 programs or refusing to accept employment or terminating
17 employment or reducing earnings may be made and no sanction
18 may be imposed without documentation in the case file that
19 there has been a good cause determination and a Conciliation
20 Process as established by Department rule pursuant to
21 subsection (c) of this Section.
22 (c) (1) The Department shall establish a reconciliation
23 conciliation procedure to assist in resolving disputes
24 related to any aspect of participation, including
25 exemptions, good cause, sanctions or proposed sanctions,
26 supportive services, orientation, assessments,
27 responsibility and service plans, employability plans,
28 assignment to activities components, suitability of
29 employment, or refusals of offers of employment. Through
30 the reconciliation process the Department shall have a
31 mechanism to identify good cause, ensure that the client
32 is aware of the issue, and enable the client to perform
33 required activities without facing sanction.
34 (2) A participant may request reconciliation
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1 conciliation and receive notice in writing of a meeting.
2 Conciliation must begin within 14 work days upon request
3 of the participants or from the participant's failure to
4 meet requirements. At least one face-to-face meeting may
5 be scheduled to resolve misunderstandings or
6 disagreements related to program participation and
7 situations which may lead to a potential sanction. The
8 meeting will address the underlying reason for the
9 dispute and plan a resolution to enable the individual to
10 participate in TANF employment and work activity
11 requirements.
12 (2.5) If the individual fails to appear at the
13 reconciliation meeting without good cause, the
14 reconciliation is unsuccessful and a sanction shall be
15 imposed.
16 (3) The reconciliation conciliation process shall
17 continue after it is determined that the individual did
18 not have good cause for non-cooperation. Any necessary
19 demonstration of cooperation on the part of the
20 participant will be part of the reconciliation
21 conciliation process and will last no more than 30 days.
22 Failure to demonstrate cooperation will result in
23 immediate sanction.
24 (4) For the first instance of non-cooperation, if
25 the client reaches agreement to cooperate, the client
26 shall be allowed 30 days to demonstrate cooperation
27 before any sanction activity may be imposed. In any
28 subsequent instances of non-cooperation, the client shall
29 be provided the opportunity to show good cause or remedy
30 the situation by immediately complying with the
31 requirement. During the conciliation process, the
32 following activities shall be completed:
33 (A) a discussion of the nature of the problem
34 or dispute and potential resolution;
HB0204 Enrolled -39- LRB9001426WHmg
1 (B) an explanation of the individual's rights
2 and responsibilities;
3 (C) a review of the employability plan;
4 (D) a discussion of expectations of the
5 participant and the Department; and
6 (E) development of a conciliation agreement
7 and fulfillment of it following the conciliation
8 meeting. The requirement of the agreement cannot be
9 contrary to component participation requirements.
10 (5) The Department shall document in the case
11 record the proceedings of the reconciliation conciliation
12 and provide the client in writing with a reconciliation
13 conciliation agreement.
14 (6) If reconciliation conciliation resolves the
15 dispute, no sanction shall be imposed and any previous
16 failure to participate without good cause shall not count
17 as a sanctionable event in the future. If the client
18 fails to comply with the reconciliation agreement, the
19 Department shall then immediately impose the original
20 sanction. If the dispute cannot be resolved during
21 reconciliation conciliation, a sanction shall not be
22 imposed until the reconciliation conciliation process is
23 complete.
24 (Source: P.A. 86-1184; 86-1381; 86-1475.)
25 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
26 Sec. 9A-8. Operation of Program.
27 (a) At the time of application or redetermination of
28 eligibility under Article IV, as determined by rule, the
29 Illinois Department shall provide information in writing and
30 orally regarding the education, training and employment
31 program to all applicants and recipients. The information
32 required shall be established by rule, and shall include all
33 information required by federal regulations, including:
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1 (1) education, employment and training
2 opportunities available;
3 (2) supportive services including child care;
4 (3) the obligation of the Department to provide
5 supportive services;
6 (4) the rights and responsibilities of
7 participants, including exemption and good cause criteria
8 and procedures; and
9 (5) the types and locations of child care services.
10 (b) Within the time period required by federal law The
11 Illinois Department shall notify the recipient in writing of
12 the opportunity to volunteer to participate in the program.
13 (c) (Blank). The Illinois Department shall provide an
14 orientation to each recipient who attends, which describes
15 all rights and responsibilities under the program. At the
16 orientation meeting the Department shall inform the
17 participant of participation requirements, distribute a copy
18 of the Department handbook to participants and explain its
19 contents. The Department handbook shall contain program
20 information including the following:
21 (1) an overview of the Department's education and
22 training program;
23 (2) the exemption criteria and the procedure for
24 obtaining an exemption;
25 (3) a description of all components, eligibility
26 criteria, and specific participation requirements for
27 each component;
28 (4) general participation requirements;
29 (5) the support services available;
30 (6) the initial assessment process and reassessment
31 including review of the employability plan; and
32 (7) the result of the participant's failure to
33 cooperate without good cause.
34 Expenses for transportation and child care services shall
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1 be provided to enable participants to attend the orientation
2 meeting, if requested.
3 (d) As part of the personal plan for achieving
4 employment and self-sufficiency, the Department shall conduct
5 an individualized assessment of the participant's
6 employability. Except as to participation in the Get-A-Job
7 Program, no participant may be assigned to any component of
8 the education, training and employment activity program prior
9 to such assessment, provided that a participant may be
10 assigned up to 4 weeks of Job Search prior to such
11 assessment. The plan initial assessment shall include
12 collection of information on the individual's background,
13 proficiencies, skills deficiencies, education level, work
14 history, employment goals, interests, aptitudes, and
15 employment preferences, as well as factors affecting
16 employability or ability to meet participation requirements
17 (e.g., health, physical or mental limitations, child care,
18 family circumstances, domestic violence, substance abuse, and
19 special and problems which may include the needs of any child
20 of the individual). In addition, facts relevant to a
21 determination of whether the individual qualifies for an
22 exemption shall be elicited. A determination of whether the
23 individual qualifies for an exemption may take place at any
24 time the client requests or Department staff perceive a
25 reason for exemption during the individual's participation in
26 the program. As part of the plan assessment process,
27 individuals and Department staff shall work together to
28 identify any supportive service needs required to enable the
29 client to participate and meet the objectives of his or her
30 employability plan. The initial assessment may be conducted
31 through various methods such as interviews, testing,
32 counseling, and self-assessment instruments. The assessment
33 process shall include standard literacy testing and a
34 determination of English language proficiency for those who
HB0204 Enrolled -42- LRB9001426WHmg
1 display a potential need for literacy or language services.
2 For those individuals subject to a job search demonstration,
3 there may be an abbreviated assessment, as defined by rule,
4 and neither literacy testing nor a determination of English
5 language proficiency is required. Based on the initial
6 assessment, the individual will be assigned to the
7 appropriate component activity. The decision will be based
8 on a determination of the individual's level of preparation
9 for employment as defined by rule.
10 (e) Recipients determined to be exempt may volunteer to
11 participate pursuant to Section 9A-4 and must be assessed.
12 (f) As part of the personal plan for achieving
13 employment and self-sufficiency under Section 4-1, an
14 employability plan for recipients shall be developed in
15 consultation with the participant. The Department shall have
16 final responsibility for approving the employability plan.
17 The employability plan shall:
18 (1) contain an employment goal of the participant;
19 (2) describe the services to be provided by the
20 Department, including child care and other support
21 services;
22 (3) describe the activities, such as component
23 assignment, that will be undertaken by the participant to
24 achieve the employment goal; and
25 (4) describe any other needs of the family that
26 might be met by the Department.
27 (g) The employability plan shall take into account:
28 (1) available program resources;
29 (2) the participant's support service needs;
30 (3) the participant's skills level and aptitudes;
31 (4) local employment opportunities; and
32 (5) to the maximum extent possible, the preferences
33 of the participant.
34 Additionally, the employability plan shall not be
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1 considered a contract, final approval of the plan rests with
2 the Department and the participant shall be offered a copy of
3 the employability plan.
4 (h) A reassessment shall be conducted to assess a
5 participant's progress and to review the employability plan
6 on the following occasions:
7 (1) upon completion of an a component activity and
8 before assignment to an a component activity;
9 (2) upon the request of the participant;
10 (3) if the individual is not cooperating with the
11 requirements of the program; and
12 (4) if the individual has failed to make
13 satisfactory progress in an education or training
14 program.
15 Based on the reassessment, the Department may revise the
16 employability plan of the participant.
17 (Source: P.A. 89-6, eff. 3-6-95; 89-289, eff. 1-1-96; 89-626,
18 eff. 8-9-96.)
19 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
20 Sec. 9A-9. Program Activities Components. The Department
21 shall establish education, training and placement activities
22 components by rule. Not all of the same activities
23 components need be provided in each county in the State.
24 Such activities components may include the following:
25 (a) Education (Below post secondary). Participants who
26 are determined ready to participate but in need of education
27 are referred to the education component. In the Education
28 (below post secondary) activity this component, the
29 individual receives information, referral, counseling
30 services and support services to increase the individual's
31 employment potential. Participants may be referred to
32 testing, counseling and education resources. Educational
33 activities will include basic and remedial education; English
HB0204 Enrolled -44- LRB9001426WHmg
1 proficiency classes; high school or its equivalency (e.g.,
2 GED) or alternative education at the secondary level; and
3 with any educational program, structured study time to
4 enhance successful participation. An individual's
5 participation in an education program such as literacy, basic
6 adult education, high school equivalency (GED), or a remedial
7 program shall be limited to 2 years unless the individual
8 also is working or participating in a work activity approved
9 by the Illinois Department as defined by rule; this
10 requirement does not apply, however, to students enrolled in
11 high school.
12 (b) Job Skills Training (Vocational). Job Skills
13 Training is designed to increase the individual's ability to
14 obtain and maintain employment. Job Skills Training
15 activities will include vocational skill classes designed to
16 increase a participant's ability to obtain and maintain
17 employment. Job Skills Training may include certificate
18 programs.
19 (c) Job Readiness. The job readiness activity component
20 is designed to enhance the quality of the individual's level
21 of participation in the world of work while learning the
22 necessary essentials to obtain and maintain employment. This
23 activity component helps individuals gain the necessary job
24 finding skills to help them find and retain employment that
25 will lead to economic independence.
26 (d) Job Search. Job Search may be conducted
27 individually or in groups. Job Search includes the provision
28 of counseling, job seeking skills training and information
29 dissemination. Group job search may include training in a
30 group session. Assignment exclusively to job search cannot be
31 in excess of 8 consecutive weeks (or its equivalent) in any
32 period of 12 consecutive months.
33 (e) Work Experience. Near job ready participants who do
34 not receive aid to families with dependent children --
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1 unemployed, who have not found employment, and who need
2 orientation to work, work experience or training, in order to
3 prevent deterioration of or to enhance existing skills, may
4 be referred to the Work Experience component. Work
5 Experience assignments may be with private employers or
6 not-for-profit or public agencies in the State. The Illinois
7 Department shall provide workers' compensation coverage.
8 Participants who are not members of a 2-parent assistance
9 unit may not be assigned more hours than their cash grant
10 amount plus food stamps divided by the minimum wage. Private
11 employers and not-for-profit and public agencies shall not
12 use Work Experience participants to displace regular
13 employees. Participants in Work Experience may perform work
14 in the public interest (which otherwise meets the
15 requirements of this Section) for a federal office or agency
16 with its consent, and notwithstanding the provisions of 31
17 U.S.C. 1342, or any other provision of law, such agency may
18 accept such services, but participants shall not be
19 considered federal employees for any purpose. A participant
20 shall be reassessed at the end of assignment to Work
21 Experience. The participant may be reassigned to Work
22 Experience or assigned to another activity component, based
23 on the reassessment. A participant shall not be assigned to
24 Work Experience for more than a total of 6 months in any 12
25 consecutive month period. This 6 month limitation does not
26 apply to parents in families eligible for assistance under
27 Article IV due to unemployment of the principal wage earner.
28 (f) On the Job Training. In On the Job Training, a
29 participant is hired by a private or public employer and
30 while engaged in productive work receives training that
31 provides knowledge or skills essential to full and adequate
32 performance of the job.
33 (g) Work Supplementation. In work supplementation, the
34 Department pays a wage subsidy to an employer who hires a
HB0204 Enrolled -46- LRB9001426WHmg
1 participant. The cash grant which a participant would receive
2 if not employed is diverted and the diverted cash grant is
3 used to pay the wage subsidy.
4 (h) Post Secondary Education. Individuals may be
5 referred to post secondary education programs. Post
6 secondary education must be administered by an educational
7 institution accredited under requirements of State law. The
8 Illinois Department may not approve an individual's
9 participation in any post-secondary education program, other
10 than full-time, short-term vocational training for a specific
11 job, unless the individual also is employed part-time, as
12 defined by the Illinois Department by rule.
13 (i) Self Initiated Education. Participants who are
14 attending an institution of higher education or a vocational
15 or technical program of their own choosing at the time they
16 enter the Project Chance program and who are in good
17 standing, may continue to attend and receive supportive
18 services only if the educational program is approved by the
19 Department, and is in conformity with the participant's
20 personal plan for achieving employment and self-sufficiency
21 and the participant is employed part-time, as defined by the
22 Illinois Department by rule.
23 (j) Job Development and Placement. Department staff
24 shall develop through contacts with public and private
25 employers unsubsidized job openings for participants. Job
26 interviews will be secured for clients by the marketing of
27 participants for specific job openings. Job ready individuals
28 may be assigned to Job Development and Placement.
29 (k) Job Retention. The job retention component is
30 designed to assist participants in retaining employment.
31 Initial employment expenses and job retention services are
32 provided. The individual's support service needs are assessed
33 and the individual receives counseling regarding job
34 retention skills. Counseling may continue up to 3 months
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1 after employment.
2 (l) (Blank). Unemployed Parents Work Experience.
3 Unemployed parents who receive aid to families with dependent
4 children -- unemployed may be required to participate in the
5 Unemployed Parents Work Experience component. Unemployed
6 Parents Work Experience assignments shall be for at least 16
7 hours per week with private employers and not-for-profit and
8 public agencies. Those employers and agencies may not use
9 Unemployed Parents Work Experience participants to displace
10 regular employees. Every Unemployed Parents Work Experience
11 participant shall be reassessed at least once in every
12 12-month period for participation in this component.
13 (m) A parent may be required to participate in a
14 pay-after-performance program in which the parent must work a
15 specified number of hours to earn the grant. The program
16 shall comply with provisions of this Code governing work
17 experience programs.
18 (Source: P.A. 88-124; 89-289, eff. 1-1-96.)
19 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
20 Sec. 9A-11. Child Care.
21 (a) The General Assembly recognizes that families with
22 children need child care in order to work. Child care is
23 expensive and families with low incomes, including those who
24 are transitioning from welfare to work, often struggle to pay
25 the costs of day care. The General Assembly understands the
26 importance of helping low income working families become and
27 remain self-sufficient. The General Assembly also believes
28 that it is the responsibility of families to share in the
29 costs of child care. It is also the preference of the
30 General Assembly that all working poor families should be
31 treated equally, regardless of their welfare status.
32 Department shall guarantee child care:
33 (1) for each family with a dependent child
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1 requiring such care, to the extent that such care is
2 determined by the Department to be necessary for an
3 individual in the family to accept employment or remain
4 employed, and to the extent resources permit; and
5 (2) for each individual participating in employment
6 and training activities, to the extent resources permit,
7 if the Department has approved the activity and has
8 determined that the individual is satisfactorily
9 participating in the activity.
10 (b) To the extent resources permit, the Illinois
11 Department shall provide child care services to parents or
12 other relatives as defined by rule who are working or
13 participating in employment or Department approved education
14 or training programs. At a minimum, the Illinois Department
15 shall cover the following categories of families:
16 (1) recipients of TANF under Article IV
17 participating in work and training activities as
18 specified in the personal plan for employment and
19 self-sufficiency;
20 (2) families transitioning from TANF to work;
21 (3) families at risk of becoming recipients of
22 TANF;
23 (4) families with special needs as defined by rule;
24 and
25 (5) working families with very low incomes as
26 defined by rule.
27 The Department shall specify by rule the conditions of
28 eligibility, the application process, and the types, amounts,
29 and duration of services. Eligibility for child care
30 benefits and the amount of child care provided may vary based
31 on family size, income, and other factors as specified by
32 rule. In determining income eligibility for child care
33 benefits, the Department shall establish, by rule, one income
34 threshold for each family size, in relation to percentage of
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1 State median income for a family of that size, that makes
2 families with incomes below the specified threshold eligible
3 for assistance and families with incomes above the specified
4 threshold ineligible for assistance. In determining
5 eligibility for assistance, the Department shall not give
6 preference to any category of recipients or give preference
7 to individuals based on their receipt of benefits under this
8 Code. It is the intent of the General Assembly that, for
9 fiscal year 1998, to the extent resources permit, the
10 Department shall establish an income eligibility threshold of
11 50% of the State median income. Notwithstanding the income
12 level at which families become eligible to receive child care
13 assistance, any family that is already receiving child care
14 assistance on the effective date of this amendatory Act of
15 1997 shall remain eligible for assistance for fiscal year
16 1998. Nothing in this Section shall be construed as
17 conferring entitlement status to eligible families. The
18 Illinois Department is authorized to lower income eligibility
19 ceilings, raise parent co-payments, create waiting lists, or
20 take such other actions during a fiscal year as are necessary
21 to ensure that child care benefits paid under this Article do
22 not exceed the amounts appropriated for those child care
23 benefits. These changes may be accomplished by emergency
24 rule under Section 5-45 of the Illinois Administrative
25 Procedure Act, except that the limitation on the number of
26 emergency rules that may be adopted in a 24-month period
27 shall not apply. The Illinois Department may contract with
28 other State agencies or child care organizations for the
29 administration of child care services. Child care shall be
30 provided for a dependent child of a person receiving Aid to
31 Families with Dependent Children to allow such individual to
32 participate in an education or training program or related
33 activities. Eligibility shall also be extended to families
34 with children who meet the criteria of this Section who
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1 would be dependent except for the receipt of benefits under
2 the Supplemental Security Income Program (Title XVI of the
3 Social Security Act, 42 U.S.C. 1381 et seq.) or the receipt
4 of foster care under Title IV-E of the Social Security Act
5 (42 U.S.C. 670 et seq.) and the caretaker relative is also a
6 member of a household receiving Aid to Families with
7 Dependent Children.
8 (c) Payment shall be made for child care that otherwise
9 meets the requirements of this Section and applicable
10 standards of State and local law and regulation, including
11 any requirements the Illinois Department promulgates by rule
12 in addition to the, but not limited to, licensure
13 requirements promulgated by the Department of Children and
14 Family Services and Fire Prevention and Safety requirements
15 promulgated by the Office of the State Fire Marshal and is
16 provided in any of the following:
17 (1) a child care center which is licensed or exempt
18 from licensure pursuant to Section 2.09 of the Child Care
19 Act of 1969;
20 (2) a licensed child care home or home exempt from
21 licensing;
22 (3) a licensed group child care home;
23 (4) other types of child care, including child care
24 provided by relatives or persons living in the same home
25 as the child, as determined by the Illinois Department by
26 rule relatives and babysitters, provided, the relative is
27 not the mother or father of the child or in the same
28 assistance grant as the child and, provided, a
29 non-relative providing care in the child's home cannot be
30 in the same assistance grant as the child.
31 The provisions of this subsection are not applicable to
32 families using the child care disregard.
33 (d) The Illinois Department shall, by rule, require
34 co-payments for child care services by any parent, including
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1 parents whose only income is from assistance under this Code.
2 The co-payment shall be assessed based on a sliding scale
3 based on family income, family size, and the number of
4 children in care will provide child care for an individual
5 receiving Aid to Families with Dependent Children who is
6 waiting to enter an approved education or training program,
7 component or employment for a period not to exceed 2 weeks or
8 for a period not to exceed one month where child care
9 arrangements would otherwise be lost and the subsequent
10 activity is scheduled to begin within that period.
11 (e) The Illinois Department shall conduct a market rate
12 survey based on the cost of care and other relevant factors
13 which shall be completed by July 1, 1998 Rates of payment for
14 child care will be made in amounts not to exceed the maximum
15 rates per child as established by the Department of Children
16 and Family Services.
17 (f) The Illinois Department shall, by rule, set rates to
18 be paid for the various types of child care. Child care may
19 be provided through one of the following methods:
20 (1) arranging the child care through eligible
21 providers by use of purchase of service contracts or
22 vouchers;
23 (2) arranging with other agencies and community
24 volunteer groups for non-reimbursed child care;
25 (3) (blank) using the child care disregard; or
26 (4) adopting such other arrangements as the
27 Department determines appropriate which facilitate
28 service delivery and do not disadvantage the family
29 receiving the service.
30 (g) Families eligible for assistance under this Section
31 shall be given the following options:
32 (1) receiving a child care certificate issued by
33 the Department or a subcontractor of the Department that
34 may be used by the parents as payment for child care and
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1 development services only; or
2 (2) if space is available, enrolling the child with
3 a child care provider that has a purchase of service
4 contract with the Department or a subcontractor of the
5 Department for the provision of child care and
6 development services. The Department may identify
7 particular priority populations for whom they may request
8 special consideration by a provider with purchase of
9 service contracts, provided that the providers shall be
10 permitted to maintain a balance of clients in terms of
11 household incomes and families and children with special
12 needs, as defined by rule.
13 (Source: P.A. 86-1381; 87-860.)
14 (305 ILCS 5/9A-13 new)
15 Sec. 9A-13. Work activity; anti-displacement provisions.
16 (a) As used in this Section "work activity" means any
17 workfare, earnfare, pay-after-performance,
18 work-off-the-grant, work experience, or other activity under
19 Sections 9A-9, 9A-12, or any other Section of this Code in
20 which a recipient of public assistance performs work for any
21 employer as a condition of receiving the public assistance,
22 and the employer does not pay wages for the work; or as any
23 grant diversion, wage supplementation, or similar program in
24 which the public assistance grant is provided to the employer
25 as a subsidy for the wages of any recipient in its workforce.
26 (b) An employer may not utilize a work activity
27 participant if such utilization would result in:
28 (1) the displacement or partial displacement of
29 current employees, including but not limited to a
30 reduction in hours of non-overtime or overtime work,
31 wages, or employment benefits; or
32 (2) the filling of a position that would otherwise
33 be a promotional opportunity for current employees; or
HB0204 Enrolled -53- LRB9001426WHmg
1 (3) the filling of a position created by or causing
2 termination, layoff, a hiring freeze, or a reduction in
3 the workforce; or
4 (4) the placement of a participant in any
5 established unfilled vacancy; or
6 (5) the performance of work by a participant if
7 there is a strike, lockout, or other labor dispute in
8 which the employer is engaged.
9 (c) An employer who wishes to utilize work activity
10 participants shall, at least 15 days prior to utilizing such
11 participants, notify the labor organization of the name, work
12 location, and the duties to be performed by the participant.
13 (d) The Department of Human Services shall establish a
14 grievance procedure for employees and labor organizations to
15 utilize in the event of any alleged violation of this
16 Section. Notwithstanding the above, a labor organization may
17 utilize the established grievance or arbitration procedure in
18 its collective bargaining agreement to contest violations of
19 this Section.
20 (305 ILCS 5/11-6) (from Ch. 23, par. 11-6)
21 Sec. 11-6. Decisions on applications. Within 10 days
22 after a decision is reached on an application, the applicant
23 shall be notified in writing of the decision. The Department
24 shall consider eligibility for, and the notice shall contain
25 a decision on, each of the following assistance programs for
26 which the client may be eligible based on the information
27 contained in the application: Temporary Assistance to Needy
28 Families Aid to Families with Dependent Children, Medical
29 Assistance, Aid to the Aged, Blind and Disabled, General
30 Assistance (in the City of Chicago), Aid to the Medically
31 Indigent and food stamps. No decision shall be required for
32 any assistance program for which the applicant has expressly
33 declined in writing to apply. If the applicant is determined
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1 to be eligible, the notice shall include a statement of the
2 amount of financial aid to be provided and a statement of the
3 reasons for any partial grant amounts. If the applicant is
4 determined ineligible for any public assistance the notice
5 shall include the reason why the applicant is ineligible. If
6 the application for any public assistance is denied, the
7 notice shall include a statement defining the applicant's
8 right to appeal the decision. The Illinois Department, by
9 rule, shall determine the date on which assistance shall
10 begin for applicants determined eligible. That date may be
11 no later than 30 days after the date of the application.
12 Under no circumstances may any application be denied
13 solely to meet an application-processing deadline.
14 (Source: P.A. 85-943.)
15 (305 ILCS 5/11-6.2)
16 Sec. 11-6.2. Electronic fingerprinting.
17 (a) The Illinois Department shall implement a
18 demonstration project to determine the cost-effectiveness of
19 preventing multiple enrollments of aid recipients through the
20 use of an electronic automated 2-digit fingerprint matching
21 identification system in local offices. The demonstration
22 project shall be implemented in one or more local offices in
23 each of 3 counties as follows:
24 (1) A county having a population of 3,000,000 or
25 more.
26 (2) A county contiguous to a county having a
27 population of 3,000,000 or more.
28 (3) A county having a population less than
29 3,000,000 that is not described in item (2).
30 The Illinois Department shall apply for any federal
31 waivers or approvals necessary to conduct this demonstration
32 project. The demonstration project shall become operational
33 (i) 12 months after the effective date of this amendatory Act
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1 of 1994 or (ii) after the Illinois Department's receipt of
2 all necessary federal waivers and approvals, whichever occurs
3 later, and shall operate for 36 12 months.
4 (b) The fingerprints or their electronic representations
5 collected and maintained through the use of an automated
6 fingerprint matching identification system as authorized by
7 this Section may not be used, disclosed, or redisclosed for
8 any purpose other than the prevention of multiple enrollments
9 of aid recipients, may not be used or admitted in any
10 criminal or civil investigation, prosecution, or proceeding,
11 other than a proceeding pursuant to Article VIII-A, and may
12 not be disclosed in response to a subpoena or other
13 compulsory legal process or warrant or upon the request or
14 order of any agency, authority, division, office, or other
15 private or public entity or person, except that nothing
16 contained in this subsection prohibits disclosure in response
17 to a subpoena issued by or on behalf of the applicant or
18 recipient who is the subject of the record maintained as a
19 part of the system. A person who knowingly makes or obtains
20 any unauthorized disclosure of data collected and maintained
21 under this Section through the use of an automated
22 fingerprint matching identification system is guilty of a
23 Class A misdemeanor. Data collected and maintained on the
24 automated fingerprint matching identification system shall be
25 subject to the provisions of this Code relating to
26 unauthorized disclosure of confidential client information.
27 (c) The Illinois Department shall develop a competitive
28 request for a proposal for an automated 2-digit fingerprint
29 matching identification system and shall thereafter contract
30 for the services of a firm able to design and implement an
31 automated 2-digit fingerprint matching identification system.
32 The system shall include the use of a photographic
33 identification for every aid recipient. Before the award of a
34 contract, the Illinois Department shall certify that the
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1 design of the demonstration project fulfills all the
2 requirements of this Section. After the contract is awarded,
3 the Illinois Department shall insure that the demonstration
4 project is carried out in accordance with the requirements of
5 this Section and that adequate training for county department
6 staff involved with the project will be provided and shall
7 take any actions necessary to bring the demonstration project
8 into compliance with this Section. The contractual
9 arrangement shall ensure that State payments for the
10 contractor's necessary and legitimate expenses for
11 administering the demonstration project are limited to
12 amounts specified in advance and that those amounts do not
13 exceed the amounts appropriated for that purpose.
14 (d) Before the demonstration project becomes
15 operational, the Illinois Department shall give written
16 notice of the provisions of this Section to applicants for
17 and recipients of aid served by the local offices selected
18 for the demonstration project. The notice shall state that,
19 by applying or maintaining eligibility for any assistance
20 program, applicants and recipients must submit to the
21 electronic collection of their fingerprints as an additional
22 method of establishing eligibility. Applicants for and
23 recipients of aid who fail to submit to electronic
24 fingerprinting shall be declared ineligible for assistance as
25 permitted by federal waiver. An applicant for aid whose
26 application is denied, or a recipient of aid whose case is
27 cancelled, in any demonstration location after the
28 demonstration project begins but before the applicant or
29 recipient has submitted to electronic fingerprinting may be
30 required to submit to electronic fingerprinting before
31 re-establishing eligibility for assistance in any other
32 office.
33 (e) This Section does not authorize or permit the
34 termination, suspension, or diminution of aid except as
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1 elsewhere specifically authorized in this Code. If the basis
2 of a proposed sanction is a determination of a fraudulent
3 multiple enrollment based on the use of an automated
4 fingerprint matching identification system authorized
5 pursuant to this Section, the sanction may not be imposed
6 unless the county department has verified the results of the
7 automated fingerprint matching identification system by means
8 of a manual match conducted by a person who is qualified to
9 perform fingerprint identifications.
10 (f) The Illinois Department shall conduct periodic
11 audits to monitor compliance with all laws and regulations
12 regarding the automated fingerprint matching identification
13 system to insure that: (i) any records maintained as part
14 of the system are accurate and complete; (ii) effective
15 software and hardware designs have been instituted with
16 security features to prevent unauthorized access to records;
17 (iii) access to record information system facilities, systems
18 operating environments, and data file contents, whether while
19 in use or when stored in a media library, is restricted to
20 authorized personnel; (iv) operational programs are used that
21 will prohibit inquiry, record updates, or destruction of
22 records from any terminal other than automated fingerprint
23 matching identification system terminals that are so
24 designated; (v) operational programs are used to detect and
25 store for the output of designated Illinois Department and
26 county department employees all unauthorized attempts to
27 penetrate any electronic automated fingerprint matching
28 identification system, program, or file; and (vi) adequate
29 and timely procedures exist to insure the recipient's or
30 applicant's right to access and review of records for the
31 purpose of accuracy and completeness, including procedures
32 for review of information maintained about those individuals
33 and for administrative review (including procedures for
34 administrative appeal) and necessary correction of any claim
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1 by the individual to whom the information relates that the
2 information is inaccurate or incomplete.
3 (g) On or before December 1, 1997, the Illinois
4 Department shall report to the Governor and the General
5 Assembly concerning the operation of the demonstration
6 project. The report shall include an analysis of the
7 cost-effectiveness of the demonstration project, information
8 concerning instances of multiple enrollments detected through
9 use of the electronic automated fingerprint matching
10 identification system, and a detailed summary of the results
11 of audits required by subsection (f). The report shall
12 include recommendations regarding whether the program should
13 be discontinued, expanded, or otherwise modified.
14 (h) The Illinois Department shall apply for all waivers
15 of federal law and regulations necessary to conduct the
16 demonstration project under this Section.
17 (i) The Illinois Department may establish a retinal eye
18 identification system instead of an electronic fingerprinting
19 system in one of the sites described in subsection (a). Any
20 retinal eye identification system must comply with the
21 requirements of subsections (a) through (h) as they apply to
22 retinal eye identification.
23 (Source: P.A. 88-554, eff. 7-26-94.)
24 (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
25 Sec. 11-8. Appeals - To Whom taken. Applicants or
26 recipients of aid may, at any time within 60 days after the
27 decision of the County Department or local governmental unit,
28 as the case may be, appeal a decision denying or terminating
29 aid, or granting aid in an amount which is deemed inadequate,
30 or changing, cancelling, revoking or suspending grants as
31 provided in Section 11-16, or determining to make a
32 protective payment under the provisions of Sections 3-5a or
33 4-9, or a decision by an administrative review board to
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1 impose administrative safeguards as provided in Section 8A-8.
2 An appeal shall also lie when an application is not acted
3 upon within the 30 days after the filing of the application,
4 or within a different time period after filing of the
5 application as provided by rule of the Illinois Department,
6 if an adjustment is necessary to conform with Federal
7 requirements.
8 If an appeal is not made, the action of the County
9 Department or local governmental unit shall be final.
10 Appeals by applicants or recipients under Articles III,
11 IV, V or VII shall be taken to the Illinois Department.
12 Appeals by applicants or recipients under Article VI
13 shall be taken as follows:
14 (1) In counties under township organization (except
15 such counties in which the governing authority is a Board
16 of Commissioners) appeals shall be to a Public Aid
17 Committee consisting of the Chairman of the County Board,
18 and 4 members who are township supervisors of general
19 assistance, appointed by the Chairman, with the advice
20 and consent of the county board.
21 (2) In counties in excess of 3,000,000 population
22 and under township organization in which the governing
23 authority is a Board of Commissioners, appeals of persons
24 from government units outside the corporate limits of a
25 city, village or incorporated town of more than 500,000
26 population, and of persons from incorporated towns which
27 have superseded civil townships in respect to aid under
28 Article VI, shall be to a Public Aid Committee consisting
29 of 2 supervisors and 3 persons knowledgeable in the area
30 of General Assistance and the regulations of the Illinois
31 Department pertaining thereto and who are not officers,
32 agents or employees of any township. The 5 member
33 committee shall be appointed by the township supervisors.
34 The first appointments shall be made with one person
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1 serving a one year term, 2 persons serving a 2 year term,
2 and 2 persons serving a 3 year term. Committee members
3 shall thereafter serve 3 year terms. In any appeal
4 involving a local governmental unit whose supervisor of
5 general assistance is a member of the Committee, such
6 supervisor shall not act as a member of the Committee for
7 the purposes of such appeal.
8 (3) In counties described in paragraph (2) appeals
9 of persons from a city, village or incorporated town of
10 more than 500,000 population shall be to a Commissioner
11 of Appeals, appointed as an employee of the County
12 Department of Public Aid in accordance with and subject
13 to the provisions of Section 12-21.3.
14 (4) In counties not under township organization,
15 appeals shall be to the County Board of Commissioners
16 which shall for this purpose be the Public Aid Committee
17 of the County.
18 In counties designated in paragraph (1) the Chairman or
19 President of the County Board shall appoint, with the advice
20 and consent of the county board, one or more alternate
21 members of the Public Aid Committee. All regular and
22 alternate members shall be Supervisors of General Assistance.
23 In any appeal involving a local governmental unit whose
24 Supervisor of General Assistance is a member of the
25 Committee, he shall be replaced for that appeal by an
26 alternate member designated by the Chairman or President of
27 the County Board, with the advice and consent of the county
28 board. In these counties not more than 3 of the 5 regular
29 appointees shall be members of the same political party
30 unless the political composition of the Supervisors of the
31 General Assistance precludes such a limitation. In these
32 counties at least one member of the Public Aid Committee
33 shall be a person knowledgeable in the area of general
34 assistance and the regulations of the Illinois Department
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1 pertaining thereto. If no member of the Committee possesses
2 such knowledge, the Illinois Department shall designate an
3 employee of the Illinois Department having such knowledge to
4 be present at the Committee hearings to advise the Committee.
5 In every county the County Board shall provide facilities
6 for the conduct of hearings on appeals under Article VI. All
7 expenses incident to such hearings shall be borne by the
8 county except that in counties under township organization in
9 which the governing authority is a Board of Commissioners (1)
10 the salary and other expenses of the Commissioner of Appeals
11 shall be paid from General Assistance funds available for
12 administrative purposes, and (2) all expenses incident to
13 such hearings shall be borne by the township and the per diem
14 and traveling expenses of the township supervisors serving on
15 the Public Aid Committee shall be fixed and paid by their
16 respective townships. In all other counties the members of
17 the Public Aid Committee shall receive the compensation and
18 expenses provided by law for attendance at meetings of the
19 County Board.
20 In appeals under Article VI involving a governmental unit
21 receiving State funds, the Public Aid Committee and the
22 Commissioner of Appeals shall be bound by the rules and
23 regulations of the Illinois Department which are relevant to
24 the issues on appeal, and shall file such reports concerning
25 appeals as the Illinois Department requests.
26 An appeal shall be without cost to the appellant and
27 shall be made, at the option of the appellant, either upon
28 forms provided and prescribed by the Illinois Department or,
29 for appeals to a Public Aid Committee, upon forms prescribed
30 by the County Board; or an appeal may be made by calling a
31 toll-free number provided for that purpose by the Illinois
32 Department and providing the necessary information. The
33 Illinois Department may assist County Boards or a
34 Commissioner of Appeals in the preparation of appeal forms,
HB0204 Enrolled -62- LRB9001426WHmg
1 or upon request of a County Board or Commissioner of Appeals
2 may furnish such forms. County Departments and local
3 governmental units shall render all possible aid to persons
4 desiring to make an appeal. The provisions of Sections 11-8.1
5 to 11-8.7, inclusive, shall apply to all such appeals.
6 (Source: P.A. 87-630.)
7 (305 ILCS 5/11-8.6) (from Ch. 23, par. 11-8.6)
8 Sec. 11-8.6. Decision-Time and effect.
9 A decision on appeal shall be given to the interested
10 parties within 90 60 days from the date of the filing of the
11 appeal, unless additional time is required for a proper
12 disposition of the appeal. All decisions on appeals shall be
13 binding upon and complied with by the County Departments and
14 local governmental units.
15 (Source: Laws 1967, p. 2302.)
16 (305 ILCS 5/11-16) (from Ch. 23, par. 11-16)
17 Sec. 11-16. Changes in grants; cancellations,
18 revocations, suspensions. All grants of financial aid under
19 this Code shall be considered as frequently as may be
20 required by the rules of the Illinois Department. After such
21 investigation as may be necessary, the amount and manner of
22 giving aid may be changed or the aid may be entirely
23 withdrawn if the County Department, local governmental unit,
24 or Illinois Department finds that the recipient's
25 circumstances have altered sufficiently to warrant such
26 action. Financial aid may at any time be canceled or revoked
27 for cause or suspended for such period as may be proper.
28 (b) Whenever any such grant of financial aid is
29 cancelled, revoked, reduced, or terminated because of the
30 failure of the recipient to cooperate with the Department,
31 including but not limited to the failure to keep an
32 appointment, attend a meeting, or produce proof or
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1 verification of eligibility or need, the grant shall be
2 reinstated in full, retroactive to the date of the change in
3 or termination of the grant, provided that within 10 working
4 days after the first day the financial aid would have been
5 available, the recipient cooperates with the Department and
6 is not otherwise ineligible for benefits for the period in
7 question. This subsection (b) does not apply to sanctions
8 imposed for the failure of any recipient to participate as
9 required in the child support enforcement program or in any
10 educational, training, or employment program under this Code
11 or any other sanction under Section 4-21, nor does this
12 subsection (b) apply to any cancellation, revocation,
13 reduction, termination, or sanction imposed for the failure
14 of any recipient to cooperate in the monthly reporting
15 process or the quarterly reporting process.
16 (Source: P.A. 87-860; 87-1273; 88-554, eff. 7-26-94.)
17 (305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
18 Sec. 11-20. Employment Registration - Persons "Able to
19 Engage in Employment" - Duty to Accept Employment -
20 Conditions Under Which Employment May Be Refused -
21 Exemptions). This Section applies to employment and training
22 programs other than those for recipients of assistance under
23 Article IV.
24 (1) Each applicant or recipient and dependent member of
25 the family age 16 or over who is able to engage in employment
26 and who is unemployed, or employed for less than the full
27 working time for the occupation in which he or she is
28 engaged, shall maintain a current registration for employment
29 or additional employment with the system of free public
30 employment offices maintained in this State by the State
31 Department of Employment Security under "An Act relating to
32 employment offices and agencies", approved May 11, 1903, as
33 amended, and shall utilize the job placement services and
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1 other facilities of such offices unless the Illinois
2 Department otherwise provides by rule for programs
3 administered by the Illinois Department.
4 (2) Every person age 16 or over shall be deemed "able to
5 engage in employment", as that term is used herein, unless
6 (a) the person has an illness certified by the attending
7 practitioner as precluding his or her engagement in
8 employment of any type for a time period stated in the
9 practitioner's certification; or (b) the person has a
10 medically determinable physical or mental impairment, disease
11 or loss of indefinite duration and of such severity that he
12 or she cannot perform labor or services in any type of
13 gainful work which exists in the national economy, including
14 work adjusted for persons with physical or mental handicap;
15 or (c) the person is among the classes of persons exempted by
16 paragraph 5 of this Section. A person described in clauses
17 (a), (b) or (c) of the preceding sentence shall be classified
18 as "temporarily unemployable". The Illinois Department shall
19 provide by rule for periodic review of the circumstances of
20 persons classified as "temporarily unemployable".
21 (3) The Illinois Department shall provide through rules
22 and regulations for sanctions against applicants and
23 recipients of aid under this Code who fail or refuse to
24 cooperate, without good cause, as defined by rule of the
25 Illinois Department, to accept a bona fide offer of
26 employment in which he or she is able to engage either in the
27 community of the person's residence or within reasonable
28 commuting distance therefrom.
29 Individuals receiving aid under Article IV of this Code
30 who fail to cooperate with the regulations and requirements
31 established pursuant to this Section, may lose their
32 eligibility to receive aid under Article IV of this Code for
33 up to 3 months for the first occurrence and for up to 6
34 months for the second and subsequent occurrences. If the
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1 sanctioned individual is not the principal earner as defined
2 by Federal law in an assistance unit receiving aid under
3 Article IV of this Code, only that individual is ineligible
4 for public assistance during the sanction period. If the
5 sanctioned individual is the principal earner in an
6 assistance unit receiving aid under Article IV of this Code,
7 the entire assistance unit is ineligible for public
8 assistance during the sanction period.
9 The Illinois Department may provide by rule for the grant
10 or continuation of aid for a temporary period, if federal law
11 or regulation so permits or requires, to a person who refuses
12 employment without good cause if he or she accepts counseling
13 or other services designed to increase motivation and
14 incentives for accepting employment.
15 (4) Without limiting other criteria which the Illinois
16 Department may establish, it shall be good cause of refusal
17 if
18 (a) the wage does not meet applicable minimum wage
19 requirements, or
20 (b) there being no applicable minimum wage as determined
21 in (a), the wage is certified by the Illinois Department of
22 Labor as being less than that which is appropriate for the
23 work to be performed.
24 (c) acceptance of the offer involves a substantial
25 threat to the health or safety of the person or any of his or
26 her dependents.
27 (5) The requirements of registration and acceptance of
28 employment shall not apply (a) to a parent or other person
29 needed at home to provide personal care and supervision to a
30 child or children unless, in accordance with the rules and
31 regulations of the Illinois Department, suitable arrangements
32 have or can be made for such care and supervision during the
33 hours of the day the parent or other person is out of the
34 home because of employment; (b) to a person age 16 or over in
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1 regular attendance in school, as defined in Section 4-1.1; or
2 (c) to a person whose presence in the home on a substantially
3 continuous basis is required because of the illness or
4 incapacity of another member of the household.
5 The Illinois Department may implement a demonstration
6 project limited to one county of less than 3 million
7 population that would require registration for and acceptance
8 of employment by parents or another person needed at home to
9 provide personal care and supervision to a child or children
10 age 3 and over, as allowed by federal law and subject to
11 rules and regulations of the Illinois Department, provided
12 suitable arrangements have been or can be made for such care
13 and supervision during the hours of the day the parents or
14 other person are out of the home because of employment. Such
15 suitable arrangements must meet standards and requirements
16 established under the Child Care Act of 1969, as now or
17 hereafter amended. Such requirements shall not apply to
18 parents or another caretaker with a child or children at home
19 under the age of 3.
20 (Source: P.A. 85-1156.)
21 (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
22 (Text of Section before amendment by P.A. 89-507)
23 Sec. 12-4.4. Administration of federally-aided programs.
24 Direct County Departments of Public Aid in the administration
25 of the federally funded food stamp program, programs to aid
26 refugees and Articles III, IV, V and VII of this Code. The
27 Illinois Department may also, upon its own motion, review any
28 decision made by a County Department and consider any
29 application upon which a decision has not been made by the
30 County Department within 30 days. It may require a County
31 Department to transmit its files and all papers and documents
32 pertaining to any applicant or recipient.
33 Beginning July 1, 1992, or upon approval by the Food and
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1 Nutrition Service of the United States Department of
2 Agriculture, the Illinois Department shall operate a Food
3 Stamp Employment and Training (FSE&T) program in compliance
4 with federal law. The FSE&T program will have an Earnfare
5 component. The Earnfare component shall be available in
6 selected geographic areas based on criteria established by
7 the Illinois Department by rule. Participants in Earnfare
8 will, to the extent resources allow, earn their assistance.
9 Participation in the Earnfare program is voluntary, except
10 when ordered by a court of competent jurisdiction.
11 Eligibility for Earnfare shall be limited to only 6 months
12 out of any 12 consecutive month period. Clients are not
13 entitled to be placed in an Earnfare slot. Earnfare slots
14 shall be made available only as resources permit. Earnfare
15 shall be available to persons receiving food stamps who meet
16 eligibility criteria established by the Illinois Department
17 by rule. Receipt of food stamps is not an eligibility
18 requirement of Earnfare when a court of competent
19 jurisdiction orders an individual to participate in the
20 Earnfare Program. To the extent resources permit, the
21 Earnfare program will allow participants to engage in
22 work-related activities to earn monthly financial assistance
23 payments and to improve participants' employability in order
24 for them to succeed in obtaining employment. The Illinois
25 Department may enter into contracts with other public
26 agencies including State agencies, with local governmental
27 units, and with not-for-profit community based organizations
28 to carry out the elements of the Program that the Department
29 deems appropriate.
30 The Earnfare Program shall contain the following
31 elements:
32 (1) To the extent resources allow and slots exist,
33 the Illinois Department shall refer recipients of food
34 stamp assistance who meet eligibility criteria, as
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1 established by rule. Receipt of food stamps is not an
2 eligibility requirement of Earnfare when a court of
3 competent jurisdiction orders an individual to
4 participate in the Earnfare Program.
5 (2) Persons participating in Earnfare shall engage
6 in employment assigned activities equal to the amount of
7 the food stamp benefits divided by the federal minimum
8 wage and subsequently shall earn minimum wage assistance
9 for each additional hour of performance in Earnfare
10 activity. Earnfare participants shall be offered the
11 opportunity to earn up to $154. The Department may
12 establish a higher amount by rule provided resources
13 permit. If a court of competent jurisdiction orders an
14 individual to participate in the Earnfare program, hours
15 engaged in employment assigned activities shall first be
16 applied for a $50 payment made to the custodial parent as
17 a support obligation. If the individual receives food
18 stamps, the individual shall engage in employment
19 assigned activities equal to the amount of the food stamp
20 benefits divided by the federal minimum wage and
21 subsequently shall earn minimum wage assistance for each
22 additional hour of performance in Earnfare activity.
23 (3) To the extent appropriate slots are available,
24 the Illinois Department shall assign Earnfare
25 participants to Earnfare activities based on an
26 assessment of the person's age, literacy, education,
27 educational achievement, job training, work experience,
28 and recent institutionalization, whenever these factors
29 are known to the Department or to the contractor and are
30 relevant to the individual's success in carrying out the
31 assigned activities and in ultimately obtaining
32 employment.
33 (4) The Department shall consider the participant's
34 preferences and personal employment goals in making
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1 assignments to the extent administratively possible and
2 to the extent that resources allow.
3 (5) The Department may enter into cooperative
4 agreements with local governmental units (which may, in
5 turn, enter into agreements with not-for-profit community
6 based organizations): with other public, including State,
7 agencies; directly with not-for-profit community based
8 organizations, and with private employers to create
9 Earnfare activities for program participants.
10 (6) To the extent resources permit, the Department
11 shall provide the Earnfare participants with the costs of
12 transportation in looking for work and in getting to and
13 from the assigned Earnfare job site and initial expenses
14 of employment.
15 (7) All income and asset limitations of the Federal
16 Food Stamp Program will govern continued Earnfare
17 participation, except that court ordered participants
18 shall participate for 6 months unless the court orders
19 otherwise.
20 (8) Earnfare participants shall not displace or
21 substitute for regular, full time or part time employees,
22 regardless of whether or not the employee is currently
23 working, on a leave of absence or in a position or
24 similar position where a layoff has taken place or the
25 employer has terminated the employment of any regular
26 employee or otherwise reduced its workforce with the
27 effect of filling the vacancy so created with a
28 participant subsidized under this program, or is or has
29 been involved in a labor dispute between a labor
30 organization and the sponsor.
31 (9) Persons who fail to cooperate with the FSE&T
32 program shall become ineligible for food stamp assistance
33 according to Food Stamp regulations, and for Earnfare
34 participation. Failure to participate in Earnfare for
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1 all of the hours assigned is not a failure to cooperate
2 unless so established by the employer pursuant to
3 Department rules. If a person who is ordered by a court
4 of competent jurisdiction to participate in the Earnfare
5 Program fails to cooperate with the Program, the person
6 shall be referred to the court for failure to comply with
7 the court order.
8 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 12-4.4. Administration of federally-aided programs.
11 Direct County Departments of Public Aid in the administration
12 of the federally funded food stamp program, programs to aid
13 refugees and Articles III, IV, V and VII of this Code. The
14 Illinois Department of Human Services may also, upon its own
15 motion, review any decision made by a County Department and
16 consider any application upon which a decision has not been
17 made by the County Department within 30 days. It may require
18 a County Department to transmit its files and all papers and
19 documents pertaining to any applicant or recipient.
20 Beginning July 1, 1992, or upon approval by the Food and
21 Nutrition Service of the United States Department of
22 Agriculture, the Illinois Department of Human Services shall
23 operate a Food Stamp Employment and Training (FSE&T) program
24 in compliance with federal law. The FSE&T program will have
25 an Earnfare component. The Earnfare component shall be
26 available in selected geographic areas based on criteria
27 established by the Illinois Department of Human Services by
28 rule. Participants in Earnfare will, to the extent resources
29 allow, earn their assistance. Participation in the Earnfare
30 program is voluntary, except when ordered by a court of
31 competent jurisdiction. Eligibility for Earnfare may shall
32 be limited to only 6 months out of any 12 consecutive month
33 period. Clients are not entitled to be placed in an Earnfare
34 slot. Earnfare slots shall be made available only as
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1 resources permit. Earnfare shall be available to persons
2 receiving food stamps who meet eligibility criteria
3 established by the Illinois Department of Human Services by
4 rule. The Illinois Department may, by rule, extend the
5 Earnfare Program to clients who do not receive food stamps.
6 Receipt of food stamps is not an eligibility requirement of
7 Earnfare when a court of competent jurisdiction orders an
8 individual to participate in the Earnfare Program. To the
9 extent resources permit, the Earnfare program will allow
10 participants to engage in work-related activities to earn
11 monthly financial assistance payments and to improve
12 participants' employability in order for them to succeed in
13 obtaining employment. The Illinois Department of Human
14 Services may enter into contracts with other public agencies
15 including State agencies, with local governmental units, and
16 with not-for-profit community based organizations to carry
17 out the elements of the Program that the Department of Human
18 Services deems appropriate.
19 The Earnfare Program shall contain the following
20 elements:
21 (1) To the extent resources allow and slots exist,
22 the Illinois Department of Human Services shall refer
23 recipients of food stamp assistance who meet eligibility
24 criteria, as established by rule. Receipt of food stamps
25 is not an eligibility requirement of Earnfare when a
26 court of competent jurisdiction orders an individual to
27 participate in the Earnfare Program.
28 (2) Persons participating in Earnfare shall engage
29 in employment assigned activities equal to the amount of
30 the food stamp benefits divided by the federal minimum
31 wage and subsequently shall earn minimum wage assistance
32 for each additional hour of performance in Earnfare
33 activity. Earnfare participants shall be offered the
34 opportunity to earn up to $154. The Department of Human
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1 Services may establish a higher amount by rule provided
2 resources permit. If a court of competent jurisdiction
3 orders an individual to participate in the Earnfare
4 program, hours engaged in employment assigned activities
5 shall first be applied for a $50 payment made to the
6 custodial parent as a support obligation. If the
7 individual receives food stamps, the individual shall
8 engage in employment assigned activities equal to the
9 amount of the food stamp benefits divided by the federal
10 minimum wage and subsequently shall earn minimum wage
11 assistance for each additional hour of performance in
12 Earnfare activity.
13 (3) To the extent appropriate slots are available,
14 the Illinois Department of Human Services shall assign
15 Earnfare participants to Earnfare activities based on an
16 assessment of the person's age, literacy, education,
17 educational achievement, job training, work experience,
18 and recent institutionalization, whenever these factors
19 are known to the Department of Human Services or to the
20 contractor and are relevant to the individual's success
21 in carrying out the assigned activities and in ultimately
22 obtaining employment.
23 (4) The Department of Human Services shall consider
24 the participant's preferences and personal employment
25 goals in making assignments to the extent
26 administratively possible and to the extent that
27 resources allow.
28 (5) The Department of Human Services may enter into
29 cooperative agreements with local governmental units
30 (which may, in turn, enter into agreements with
31 not-for-profit community based organizations): with other
32 public, including State, agencies; directly with
33 not-for-profit community based organizations, and with
34 private employers to create Earnfare activities for
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1 program participants.
2 (6) To the extent resources permit, the Department
3 of Human Services shall provide the Earnfare participants
4 with the costs of transportation in looking for work and
5 in getting to and from the assigned Earnfare job site and
6 initial expenses of employment.
7 (7) All income and asset limitations of the Federal
8 Food Stamp Program will govern continued Earnfare
9 participation, except that court ordered participants
10 shall participate for 6 months unless the court orders
11 otherwise.
12 (8) Earnfare participants shall not displace or
13 substitute for regular, full time or part time employees,
14 regardless of whether or not the employee is currently
15 working, on a leave of absence or in a position or
16 similar position where a layoff has taken place or the
17 employer has terminated the employment of any regular
18 employee or otherwise reduced its workforce with the
19 effect of filling the vacancy so created with a
20 participant subsidized under this program, or is or has
21 been involved in a labor dispute between a labor
22 organization and the sponsor.
23 (9) Persons who fail to cooperate with the FSE&T
24 program shall become ineligible for food stamp assistance
25 according to Food Stamp regulations, and for Earnfare
26 participation. Failure to participate in Earnfare for
27 all of the hours assigned is not a failure to cooperate
28 unless so established by the employer pursuant to
29 Department of Human Services rules. If a person who is
30 ordered by a court of competent jurisdiction to
31 participate in the Earnfare Program fails to cooperate
32 with the Program, the person shall be referred to the
33 court for failure to comply with the court order.
34 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95; 89-507,
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1 eff. 7-1-97.)
2 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 12-4.11. Standards of assistance; content;
5 limitations; grant amounts. Establish specific standards, by
6 rule, by which grant amounts and need for public aid will be
7 determined and amend the standards from time to time as
8 circumstances may require.
9 The standards shall provide a livelihood compatible with
10 health and well-being for persons eligible for financial aid
11 under any Article of this Code. They shall include
12 recognition of any special needs occasioned by the handicaps
13 and infirmities of age, blindness, or disability. They shall
14 include recognition of the special clothing needs of school
15 age children occasioned by cold weather conditions during the
16 winter season. Standards established to determine the
17 eligibility of medically indigent persons for aid under
18 Articles V or VII shall take into account the requirements of
19 the spouse or other dependent or dependents of the applicant
20 for medical aid.
21 The quantity and quality of the items included in the
22 standards established for food, clothing, and other basic
23 maintenance needs shall take account of the buying and
24 consumption patterns of self-supporting persons and families
25 of low income, as determined from time to time by the United
26 States Department of Agriculture, the United States Bureau of
27 Labor Statistics, and other nationally recognized research
28 authorities in the fields of nutrition and family living.
29 The items in the standards shall be priced annually for
30 changes in cost, as provided in Section 12-4.15, and prices
31 of the standards adjusted as indicated by the findings of
32 these surveys. The Department, with due regard for and
33 subject to budgetary limitations, shall establish grant
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1 amounts for each of the programs, by regulation. The grant
2 amounts may be less than the prices of the standards and may
3 vary by program, size of assistance unit and geographic area
4 and may be established in the form of a percentage of the
5 standards for any or all programs. Beginning July 1, 1991,
6 the annual appropriations law of the Illinois Department of
7 Public Aid shall, in respect to Articles IV and VI, specify
8 the percentage of the current Standard of Need, that the
9 current fiscal year appropriation is intended to cover as of
10 the beginning of that fiscal year. Nothing in the preceding
11 sentence shall be construed to require any grant increase at
12 any time during the remainder of that fiscal year.
13 In recognition of the inability of low income households
14 to afford the rising costs of energy, payments made by the
15 Department under Articles IV and VI shall include an amount
16 of money to offset, in whole or in part, the costs of energy
17 associated with seasonal variations. The Department may by
18 rule establish the amount of such energy payments which may
19 vary in accordance with the size of the assistance unit. The
20 Department for reasons of administrative simplicity may
21 provide the amounts in equal monthly payments.
22 During the first month that the Department pays grants
23 which include amounts authorized in the preceding paragraph,
24 the grant amounts for all sized assistance units within each
25 program the Department administers under Article IV of this
26 Code and for assistance units of more than one person under
27 Article VI of this Code shall be adjusted to approach more
28 closely a single percentage of the standard of assistance
29 established under this Section, with grant amounts expressed
30 in whole dollar amounts. The percentage used for Article IV
31 need not be the same percentage used for Article VI. Energy
32 Assistance money provided in a separate payment and
33 identified as being exclusively for energy assistance shall
34 not be considered as a part of the grant for the purposes of
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1 this paragraph; all of the grant amount, including any
2 portion thereof that may be provided for the purpose of
3 energy assistance provided under the preceding paragraph,
4 shall be considered under this paragraph.
5 Aid payments shall not be reduced except: (1) for changes
6 in the cost of items included in the standards, or (2) for
7 changes in the expenses of the recipient, or (3) for changes
8 in the income or resources available to the recipient, or (4)
9 for changes in grants resulting from adoption of a
10 consolidated standard, or (5) to accomplish the adjustment
11 described in the preceding paragraph, or (6) beginning July
12 1, 1992, to reduce grant amounts for recipients of cash
13 assistance under Sections 3-1a and 6-11 of this Code during
14 fiscal year 1993.
15 If recipients can obtain adequate shelter only if a
16 security deposit is given the landlord, the Department may
17 furnish one month's rent as a security deposit. This
18 provision shall be operative only to the extent that it does
19 not foster the granting of duplicate assistance.
20 In fixing standards to govern payments or reimbursements
21 for funeral and burial expenses, the Department shall take
22 into account the services essential to a dignified, low-cost
23 funeral and burial, but no payment shall be authorized from
24 public aid funds for the funeral in excess of $630, exclusive
25 of reasonable amounts as may be necessary for burial space
26 and cemetery charges, and any applicable taxes or other
27 required governmental fees or charges. The Department shall
28 authorize no payment in excess of $315 for a cemetery burial.
29 Nothing contained in this Section or in any other Section
30 of this Code shall be construed to prohibit the Illinois
31 Department (1) from consolidating existing standards on the
32 basis of any standards which are or were in effect on, or
33 subsequent to July 1, 1969, or (2) from employing any
34 consolidated standards in determining need for public aid and
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1 the amount of money payment or grant for individual
2 recipients or recipient families.
3 Notwithstanding any other provision of this Code to the
4 contrary, the Illinois Department is authorized to reduce
5 payment levels under Article VI as necessary to implement
6 contingency reserves under the Emergency Budget Act of Fiscal
7 Year 1992, to the extent permitted by federal law. Any such
8 reduction shall expire on July 1, 1992.
9 (Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528;
10 87-838; 87-860.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 12-4.11. Standards of assistance; content;
13 limitations; Grant amounts. Establish specific standards, by
14 rule, by which grant amounts and need for public aid will be
15 determined and amend the standards from time to time as
16 circumstances may require.
17 The standards shall provide a livelihood compatible with
18 health and well-being for persons eligible for financial aid
19 under any Article of this Code. They shall include
20 recognition of any special needs occasioned by the handicaps
21 and infirmities of age, blindness, or disability. They shall
22 include recognition of the special clothing needs of school
23 age children occasioned by cold weather conditions during the
24 winter season. Standards established to determine the
25 eligibility of medically indigent persons for aid under
26 Articles V or VII shall take into account the requirements of
27 the spouse or other dependent or dependents of the applicant
28 for medical aid.
29 The quantity and quality of the items included in the
30 standards established for food, clothing, and other basic
31 maintenance needs shall take account of the buying and
32 consumption patterns of self-supporting persons and families
33 of low income, as determined from time to time by the United
34 States Department of Agriculture, the United States Bureau of
HB0204 Enrolled -78- LRB9001426WHmg
1 Labor Statistics, and other nationally recognized research
2 authorities in the fields of nutrition and family living.
3 The items in the standards shall be priced annually for
4 changes in cost, as provided in Section 12-4.15, and prices
5 of the standards adjusted as indicated by the findings of
6 these surveys. The Department, with due regard for and
7 subject to budgetary limitations, shall establish grant
8 amounts for each of the programs, by regulation. The grant
9 amounts may be less than the prices of the standards and may
10 vary by program, size of assistance unit and geographic area.
11 and may be established in the form of a percentage of the
12 standards for any or all programs. Beginning July 1, 1991,
13 the annual appropriations law of the Illinois Department
14 shall, in respect to Articles IV and VI, specify the
15 percentage of the current Standard of Need, that the current
16 fiscal year appropriation is intended to cover as of the
17 beginning of that fiscal year. Nothing in the preceding
18 sentence shall be construed to require any grant increase at
19 any time during the remainder of that fiscal year.
20 In recognition of the inability of low income households
21 to afford the rising costs of energy, payments made by the
22 Department under Articles IV and VI shall include an amount
23 of money to offset, in whole or in part, the costs of energy
24 associated with seasonal variations. The Department may by
25 rule establish the amount of such energy payments which may
26 vary in accordance with the size of the assistance unit. The
27 Department for reasons of administrative simplicity may
28 provide the amounts in equal monthly payments.
29 During the first month that the Department pays grants
30 which include amounts authorized in the preceding paragraph,
31 the grant amounts for all sized assistance units within each
32 program the Department administers under Article IV of this
33 Code and for assistance units of more than one person under
34 Article VI of this Code shall be adjusted to approach more
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1 closely a single percentage of the standard of assistance
2 established under this Section, with grant amounts expressed
3 in whole dollar amounts. The percentage used for Article IV
4 need not be the same percentage used for Article VI. Energy
5 Assistance money provided in a separate payment and
6 identified as being exclusively for energy assistance shall
7 not be considered as a part of the grant for the purposes of
8 this paragraph; all of the grant amount, including any
9 portion thereof that may be provided for the purpose of
10 energy assistance provided under the preceding paragraph,
11 shall be considered under this paragraph.
12 Aid payments shall not be reduced except: (1) for changes
13 in the cost of items included in the grant amounts standards,
14 or (2) for changes in the expenses of the recipient, or (3)
15 for changes in the income or resources available to the
16 recipient, or (4) for changes in grants resulting from
17 adoption of a consolidated grant amount standard, or (5) to
18 accomplish the adjustment described in the preceding
19 paragraph, or (6) beginning July 1, 1992, to reduce grant
20 amounts for recipients of cash assistance under Sections 3-1a
21 and 6-11 of this Code during fiscal year 1993.
22 If recipients can obtain adequate shelter only if a
23 security deposit is given the landlord, the Department may
24 furnish one month's rent as a security deposit. This
25 provision shall be operative only to the extent that it does
26 not foster the granting of duplicate assistance.
27 In fixing standards to govern payments or reimbursements
28 for funeral and burial expenses, the Department shall take
29 into account the services essential to a dignified, low-cost
30 funeral and burial, but no payment shall be authorized from
31 public aid funds for the funeral in excess of $630, exclusive
32 of reasonable amounts as may be necessary for burial space
33 and cemetery charges, and any applicable taxes or other
34 required governmental fees or charges. The Department shall
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1 authorize no payment in excess of $315 for a cemetery burial.
2 Nothing contained in this Section or in any other Section
3 of this Code shall be construed to prohibit the Illinois
4 Department (1) from consolidating existing standards on the
5 basis of any standards which are or were in effect on, or
6 subsequent to July 1, 1969, or (2) from employing any
7 consolidated standards in determining need for public aid and
8 the amount of money payment or grant for individual
9 recipients or recipient families.
10 Notwithstanding any other provision of this Code to the
11 contrary, the Illinois Department is authorized to reduce
12 payment levels under Article VI as necessary to implement
13 contingency reserves under the Emergency Budget Act of Fiscal
14 Year 1992, to the extent permitted by federal law. Any such
15 reduction shall expire on July 1, 1992.
16 (Source: P.A. 89-507, eff. 7-1-97.)
17 (305 ILCS 5/12-10.3) (from Ch. 23, par. 12-10.3)
18 Sec. 12-10.3. Employment and Training Fund; uses.
19 (a) The Employment and Training Fund is hereby created
20 in the State Treasury for the purpose of receiving and
21 disbursing moneys in accordance with the provisions of Title
22 IV-F of the federal Social Security Act, known as the Job
23 Opportunities and Basic Skills (JOBS) Program and, on and
24 after July 1, 1997, Title IV-A of the federal Social Security
25 Act; the Food Stamp Act, Title 7 of the United States Code;
26 and related rules and regulations governing the use of those
27 moneys for the purposes of providing employment and training
28 services.
29 (b) All federal funds received by the Illinois
30 Department as reimbursement for expenditures for employment
31 and training programs made by the Illinois Department from
32 grants, gifts, or legacies as provided in Section 12-4.18 or
33 by an entity other than the Department, except as a result of
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1 appropriations made for the costs of providing adult
2 education to public assistance recipients, shall be deposited
3 into the Employment and Training Fund; provided, however,
4 that all funds, except those that are specified in the
5 interagency agreement between the Illinois Community College
6 Board and the Department, that are received by the Department
7 as reimbursement under Title IV-F of the federal Social
8 Security Act the JOBS programs for expenditures that are made
9 by the Illinois Community College Board or by any public
10 community college of this State shall be credited to a
11 special account that the State Treasurer shall establish and
12 maintain within the Employment and Training Fund for the
13 purpose and in the manner provided in Section 12-5.
14 (c) Except as provided in subsection (d) of this
15 Section, the Employment and Training Fund shall be
16 administered by the Illinois Department, and the Illinois
17 Department may make payments from the Employment and Training
18 Fund to clients for supportive services or to public and
19 private entities for employment and training services. Such
20 payments shall not include any funds generated by Illinois
21 community colleges as part of the Opportunities Program.
22 (d) On or before the 10th day of August, 1992, and on or
23 before the 10th day of each month thereafter, the State
24 Treasurer and State Comptroller shall automatically transfer
25 to the TANF AFDC Opportunities Fund of the Illinois Community
26 College Board from the special account established and
27 maintained in the Employment and Training Fund all amounts
28 credited to that special account as provided in Section 12-5
29 during the preceding month as reimbursement for expenditures
30 under Title IV-F of the federal Social Security Act the JOBS
31 programs made by the Illinois Community College Board or any
32 public community college of this State.
33 (e) The Illinois Department shall execute a written
34 contract when purchasing employment and training services
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1 from entities qualified to provide services under the
2 programs. The contract shall be filed with the Illinois
3 Department and the State Comptroller.
4 (Source: P.A. 88-429; 89-641, eff. 8-9-96.)
5 (305 ILCS 5/12-13.05 new)
6 Sec. 12-13.05. Emergency rules to implement amendatory
7 changes. The Illinois Department may implement the
8 amendatory changes to this Code made by this amendatory Act
9 of 1997 and any other changes made as the result of
10 implementing the Temporary Assistance to Needy Families
11 Program under the Personal Responsibility and Work
12 Opportunity Reconciliation Act of 1996 (P.L. 104-193) through
13 the use of emergency rules in accordance with the provisions
14 of Section 5-45 of the Illinois Administrative Procedure Act.
15 For purposes of the Illinois Administrative Procedure Act,
16 the adoption of rules to implement these changes shall be
17 deemed an emergency and necessary for the public interest,
18 safety, and welfare. The emergency rulemaking powers
19 authorized in this Section apply only to rules filed to
20 implement the TANF plan effective July 1, 1997.
21 All rules regulating the Temporary Assistance for Needy
22 Families program and all other rules regulating the
23 amendatory changes to this Code made by this amendatory Act
24 of 1997 shall be promulgated pursuant to this Section. All
25 rules regulating the Temporary Assistance for Needy Families
26 program and all other rules regulating the amendatory changes
27 to this Code made by this amendatory Act of 1997 are repealed
28 on June 1, 1999. On and after June 1, 1999, the Illinois
29 Department may not promulgate any rules regulating the
30 Temporary Assistance for Needy Families program or regulating
31 the amendatory changes to this Code made by this amendatory
32 Act of 1997.
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1 (305 ILCS 5/4-1.2b rep.)
2 (305 ILCS 5/4-1.3 rep.)
3 (305 ILCS 5/4-1.4 rep.)
4 (305 ILCS 5/4-1.11 rep.)
5 (305 ILCS 5/4-5 rep.)
6 (305 ILCS 5/4-16 rep.)
7 (305 ILCS 5/9-6.3 rep.)
8 (305 ILCS 5/9-6.4 rep.)
9 (305 ILCS 5/9A-6 rep.)
10 (305 ILCS 5/12-4.15 rep.)
11 Section 15. The Illinois Public Aid Code is amended by
12 repealing Sections 4-1.2b, 4-1.3, 4-1.4, 4-1.11, 4-5, 4-16,
13 9-6.3, 9-6.4, 9A-6, and 12-4.15.
14 Section 95. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.
21 Section 99. Effective date. This Act takes effect July
22 1, 1997, except that this Section and the provisions changing
23 Section 11-6.2 of the Illinois Public Aid Code take effect
24 upon becoming law.