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90_HB0204sam003
LRB9001426DJcdam
1 AMENDMENT TO HOUSE BILL 204
2 AMENDMENT NO. . Amend House Bill 204 by replacing
3 the title with the following:
4 "AN ACT regarding assistance to needy families."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Administrative Procedure Act is
8 amended by adding Section 5-160 as follows:
9 (5 ILCS 100/5-160 new)
10 Sec. 5-160. Certain provisions of the Illinois Public
11 Aid Code control over provisions of this Act. In the event
12 that any provisions of this Act are in conflict with the
13 provisions of Section 4-2 of the Illinois Public Aid Code,
14 the provisions of Section 4-2 of the Illinois Public Aid Code
15 shall control.
16 Section 10. The Illinois Public Aid Code is amended by
17 changing the heading of Article IV, by changing Sections 1-8,
18 4-0.5, 4-1, 4-1.1, 4-1.2, 4-1.6, 4-1.7, 4-1.9, 4-2, 4-8,
19 4-12, 6-1.3, 9A-3, 9A-4, 9A-7, 9A-8, 9A-9, 9A-11, 11-6,
20 11-6.2, 11-8, 11-8.6, 11-16, 11-20, 12-4.4, 12-4.11, and
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1 12-10.3, and by adding Sections 1-9, 1-10, 1-11, 4-0.6,
2 4-1.12, 4-21, 4-22, 9A-13, and 12-13.05 as follows:
3 (305 ILCS 5/1-8)
4 Sec. 1-8. Fugitives ineligible.
5 (a) The following persons are not eligible for aid under
6 this Code, or federal food stamps or federal food stamp
7 benefits:
8 (1) A person who has fled from the jurisdiction of
9 any court of record of this or any other state or of the
10 United States to avoid prosecution for a felony or to
11 avoid giving testimony in any criminal proceeding
12 involving the alleged commission of a felony.
13 (2) A person who has fled to avoid imprisonment in
14 a correctional facility of this or any other state or the
15 United States for having committed a felony.
16 (3) A person who has escaped from a correctional
17 facility of this or any other state or the United States
18 if the person was incarcerated for having committed a
19 felony.
20 (4) A person who is violating a condition of
21 probation or parole imposed under federal or State law.
22 In this Section, "felony" means a violation of a penal
23 statute of this or any other state or the United States for
24 which a sentence to death or to a term of imprisonment in a
25 penitentiary for one year or more is provided.
26 To implement this Section, the Illinois Department may
27 exchange necessary information with an appropriate law
28 enforcement agency of this or any other state, a political
29 subdivision of this or any other state, or the United States.
30 (b) The Illinois Department shall apply for all waivers
31 of federal law and regulations necessary to implement this
32 Section, and implementation of this Section is contingent on
33 the Illinois Department's receipt of those waivers.
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1 (Source: P.A. 88-554, eff. 7-26-94; 89-489, eff. 1-1-97.)
2 (305 ILCS 5/1-9 new)
3 Sec. 1-9. Misrepresentation of residence. A person who
4 has been convicted in federal or State court of having made a
5 fraudulent statement or representation with respect to
6 residence in order to receive assistance simultaneously from
7 2 or more states shall be ineligible for cash assistance
8 under this Code for 10 years beginning on the date of
9 conviction.
10 (305 ILCS 5/1-10 new)
11 Sec. 1-10. Drug convictions.
12 (a) Persons convicted of an offense under the Illinois
13 Controlled Substances Act or the Cannabis Control Act which
14 is a Class X felony, or a Class 1 felony, or comparable
15 federal criminal law which has as an element the possession,
16 use, or distribution of a controlled substance, as defined in
17 Section 102(6) of the federal Controlled Substances Act (21
18 U.S.C. 802(c)), shall not be eligible for cash assistance
19 provided under this Code.
20 (b) Persons convicted of any other felony under the
21 Illinois Controlled Substances Act or the Cannabis Control
22 Act which is not a Class X or Class 1 felony, or comparable
23 federal criminal law which has as an element the possession,
24 use, or distribution of a controlled substance, as defined in
25 Section 102(6) of the federal Controlled Substances Act (21
26 U.S.C. 802(c)), shall not be eligible for cash assistance
27 provided under this Code for 2 years from the date of
28 conviction. This prohibition shall not apply if the person
29 is in a drug treatment program, aftercare program, or similar
30 program as defined by rule.
31 (c) Persons shall not be determined ineligible for food
32 stamps provided under this Code based upon a conviction of
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1 any felony or comparable federal or State criminal law which
2 has an element the possession, use or distribution of a
3 controlled substance, as defined in Section 102(6) of the
4 federal Controlled Substance Act (21 U.S.C. 802(c)).
5 (305 ILCS 5/1-11 new)
6 Sec. 1-11. Citizenship. To the extent not otherwise
7 provided in this Code or federal law, all clients who receive
8 cash or medical assistance under Article III, IV, V, or VI of
9 this Code must meet the citizenship requirements as
10 established in this Section. To be eligible for assistance an
11 individual, who is otherwise eligible, must be either a
12 United States citizen or included in one of the following
13 categories of non-citizens:
14 (1) United States veterans honorably discharged and
15 persons on active military duty, and the spouse and
16 unmarried dependent children of these persons;
17 (2) Refugees under Section 207 of the Immigration
18 and Nationality Act;
19 (3) Asylees under Section 208 of the Immigration
20 and Nationality Act;
21 (4) Persons for whom deportation has been withheld
22 under Section 243(h) of the Immigration and Nationality
23 Act;
24 (5) Persons granted conditional entry under Section
25 203(a)(7) of the Immigration and Nationality Act as in
26 effect prior to April 1, 1980;
27 (6) Persons lawfully admitted for permanent
28 residence under the Immigration and Nationality Act; and
29 (7) Parolees, for at least one year, under Section
30 212(d)(5) of the Immigration and Nationality Act.
31 Those persons who are in the categories set forth in
32 subdivisions 6 and 7 of this Section, who enter the United
33 States on or after August 22, 1996, shall not be eligible for
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1 5 years beginning on the date the person entered the United
2 States.
3 The Illinois Department may, by rule, cover prenatal care
4 or emergency medical care for non-citizens who are not
5 otherwise eligible under this Section. Local governmental
6 units which do not receive State funds may impose their own
7 citizenship requirements and are authorized to provide any
8 benefits and impose any citizenship requirements as are
9 allowed under the Personal Responsibility and Work
10 Opportunity Reconciliation Act of 1996 (P.L. 104-193).
11 (305 ILCS 5/Art. IV heading)
12 ARTICLE IV. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
13 AID TO FAMILIES WITH DEPENDENT CHILDREN
14 (305 ILCS 5/4-0.5)
15 Sec. 4-0.5. Aid to Families with Dependent Children
16 Program inoperative after June 30, 1997. Article inoperative
17 after December 31, 1998. The provisions of this Article IV
18 to provide assistance payments to families meeting the
19 eligibility requirements of the Aid to Families with
20 Dependent Children (AFDC) Program shall be inoperative after
21 June 30, 1997 December 31, 1998. Under the federal Temporary
22 Assistance for Needy Children Program the Illinois Department
23 shall develop an alternative program of mutual responsibility
24 between the Illinois Department and the client to allow the
25 family to become self-sufficient or employed as quickly as
26 possible through (i) the provision of transitional assistance
27 to families in the form of emergency one-time payments to
28 prevent job loss, temporary assistance while searching for or
29 being trained for work, or paternity establishment and child
30 support enforcement or (ii) the provision for continued work.
31 (Source: P.A. 89-6, eff. 3-6-95.)
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1 (305 ILCS 5/4-0.6 new)
2 Sec. 4-0.6. Reference to AFDC considered a reference to
3 TANF. On and after the effective date of this amendatory Act
4 of 1997, any reference to Aid to Families with Dependent
5 Children or AFDC shall be considered to be a reference to
6 Temporary Assistance for Needy Families or TANF.
7 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
8 Sec. 4-1. Eligibility requirements. Financial aid in
9 meeting basic maintenance requirements for a livelihood
10 compatible with health and well-being shall be given under
11 this Article to or in behalf of families with dependent
12 children who meet the eligibility conditions of Sections
13 4-1.1 through 4-1.11. Persons who meet the eligibility
14 criteria authorized under this Article shall be treated
15 equally, provided that nothing in this Article shall be
16 construed to create an entitlement to a particular grant or
17 service level or to aid in amounts not authorized under this
18 Code, nor construed to limit the authority of the General
19 Assembly to change the eligibility requirements or provisions
20 respecting assistance amounts.
21 The Illinois Department shall advise every applicant for
22 and recipient of aid under this Article of (i) the
23 requirement that all recipients move toward self-sufficiency
24 and (ii) the value and benefits of employment. As a
25 condition of eligibility for that aid, every person who
26 applies for aid under this Article on or after the effective
27 date of this amendatory Act of 1995 shall prepare and submit,
28 as part of the application or subsequent redetermination, a
29 personal plan for achieving employment and self-sufficiency.
30 The plan shall incorporate the individualized assessment and
31 employability plan set out in subsections (d), (f), and (g)
32 of Section 9A-8. The plan may be amended as the recipient's
33 needs change. The assessment process to develop the plan
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1 shall include questions that screen for domestic violence
2 issues and steps needed to address these issues may be part
3 of the plan. If the individual indicates that he or she is a
4 victim of domestic violence, he or she may also be referred
5 to an available domestic violence program. As a condition of
6 eligibility for that aid, every person who is a recipient of
7 aid under this Article on the effective date of this
8 amendatory Act of 1995 shall, within 6 months after that
9 date, prepare a personal plan for achieving employment.
10 Failure of the client to follow through on the personal plan
11 for employment and self-sufficiency may be a basis for
12 sanction under Section 4-21. The Illinois Department may
13 implement this paragraph through the use of emergency rules
14 in accordance with Section 5-45 of the Illinois
15 Administrative Procedure Act. For purposes of the Illinois
16 Administrative Procedure Act, the adoption of rules to
17 implement this paragraph shall be considered an emergency and
18 necessary for the public interest, safety, and welfare.
19 The eligibility of persons who, on the effective date of
20 this Code, are receiving aid under Article VI of the 1949
21 Code, for aid under this Article, and the continuity of their
22 grants, shall not be affected by the enactment of this Code.
23 (Source: P.A. 89-6, eff. 3-6-95.)
24 (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
25 Sec. 4-1.1. Child age eligibility.
26 (a) Every assistance unit must include a child, except
27 as provided in subsections (b) and (c). The child or children
28 must have already been born, except as otherwise provided in
29 this Section, and be under age 18, or, if age 18, must be a
30 full-time student in a secondary school or the equivalent
31 level of vocational or technical training. If federal law
32 permits or requires the inclusion of any children age 18 or
33 over in the Aid to Families with Dependent Children Program
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1 under the Social Security Act, the Illinois Department may
2 provide for the inclusion of such children by rule.
3 Notwithstanding anything in this Section, if federal law
4 prohibits federal reimbursement for any children under age
5 18, such children shall not be eligible for aid under this
6 Article.
7 (b) Grants shall be provided for assistance units
8 consisting exclusively of a pregnant woman with no dependent
9 child, and may include her husband if living with her, if the
10 pregnancy has been determined by medical diagnosis, to the
11 extent that federal law permits and federal matching funds
12 are available.
13 (c) Grants may be provided for assistance units
14 consisting of only adults if all the children living with
15 those adults are disabled and receive Supplemental Security
16 Income.
17 (Source: P.A. 84-773; revised 2-22-96.)
18 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
19 Sec. 4-1.2. Living Arrangements - Parents - Relatives -
20 Foster Care.
21 (a) The child or children must (1) be living with his or
22 their father, mother, grandfather, grandmother, brother,
23 sister, stepfather, stepmother, stepbrother, stepsister,
24 uncle or aunt, or other relative approved by the Illinois
25 Department, in a place of residence maintained by one or more
26 of such relatives as his or their own home, or (2) have been
27 (a) removed from the home of the parents or other relatives
28 by judicial order under the Juvenile Court Act or the
29 Juvenile Court Act of 1987, as amended, (b) placed under the
30 guardianship of the Department of Children and Family
31 Services, and (c) under such guardianship, placed in a foster
32 family home, group home or child care institution licensed
33 pursuant to the "Child Care Act of 1969", approved May 15,
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1 1969, as amended, or approved by that Department as meeting
2 standards established for licensing under that Act. A child
3 so placed in foster care who was not receiving aid under this
4 Article in or for the month in which the court proceedings
5 leading to that placement were initiated may qualify only if
6 he lived in the home of his parents or other relatives at the
7 time the proceedings were initiated, or within 6 months prior
8 to the month of initiation, and would have received aid in
9 and for that month if application had been made therefor.
10 (b) The Illinois Department may, by rule, establish
11 those persons who are living together who must be included in
12 the same assistance unit in order to receive cash assistance
13 under this Article and the income and assets of those persons
14 in an assistance unit which must be considered in determining
15 eligibility.
16 (c) The conditions of qualification herein specified
17 shall not prejudice aid granted under this Code for foster
18 care prior to the effective date of this 1969 Amendatory Act.
19 (Source: P.A. 85-1209.)
20 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
21 Sec. 4-1.6. Need). Income available to the family as
22 defined by the Illinois Department by rule, or to the child
23 in the case of a child removed from his or her home, when
24 added to contributions in money, substance or services from
25 other sources, including income available from parents absent
26 from the home or from a stepparent, contributions made for
27 the benefit of the parent or other persons necessary to
28 provide care and supervision to the child, and contributions
29 from legally responsible relatives, must be insufficient to
30 equal the grant amount established by Department regulation
31 for such a person.
32 In considering income to be taken into account,
33 consideration shall be given to any expenses reasonably
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1 attributable to the earning of such income. The Illinois
2 Department may also, subject to such limitations as may be
3 prescribed by federal law or regulation, permit all or any
4 portion of earned or other income to be set aside for the
5 future identifiable needs of a child. If federal law or
6 regulations permit or require exemption of other income of
7 recipients, the Illinois Department may provide by rule and
8 regulation for the exemptions thus permitted or required.
9 The eligibility of any applicant for or recipient of public
10 aid under this Article is not affected by the payment of any
11 grant under the "Senior Citizens and Disabled Persons
12 Property Tax Relief and Pharmaceutical Assistance Act".
13 The Illinois Department may, by rule, set forth criteria
14 under which an assistance unit is ineligible for cash
15 assistance under this Article for a specified number of
16 months due to the receipt of a lump sum payment.
17 (Source: P.A. 84-832.)
18 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
19 (Text of Section before amendment by P.A. 89-507)
20 Sec. 4-1.7. Enforcement of Parental Child Support
21 Obligation.) If the parent or parents of the child are
22 failing to meet or are delinquent in their legal obligation
23 to support the child, the parent or other person having
24 custody of the child or the Illinois Department may request
25 the law enforcement officer authorized or directed by law to
26 so act to file action for the enforcement of such remedies as
27 the law provides for the fulfillment of the child support
28 obligation.
29 If a parent has a judicial remedy against the other
30 parent to compel child support, or if, as the result of an
31 action initiated by or in behalf of one parent against the
32 other, a child support order has been entered in respect to
33 which there is noncompliance or delinquency, or where the
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1 order so entered may be changed upon petition to the court to
2 provide additional support, the parent or other person having
3 custody of the child or the Illinois Department may request
4 the appropriate law enforcement officer to seek enforcement
5 of the remedy, or of the support order, or a change therein
6 to provide additional support. If the law enforcement
7 officer is not authorized by law to so act in these
8 instances, the parent, or if so authorized by law the other
9 person having custody of the child, or the Illinois
10 Department may initiate an action to enforce these remedies.
11 A parent or other person having custody of the child who
12 fails or refuses to comply with the requirements of Title IV
13 of the federal Social Security Act, and the regulations duly
14 promulgated thereunder, regarding enforcement of the child
15 support obligation shall be denied aid or aid for that person
16 shall be terminated for as long as the failure or refusal
17 persists. The Illinois Department may provide by rule for
18 the grant or continuation of aid to the person for a
19 temporary period if he or she accepts counseling or other
20 services designed to increase his or her motivation to seek
21 enforcement of the child support obligation.
22 A child shall not be denied aid under this Article either
23 initially or subsequently because a parent or other person
24 having custody of the child fails or refuses to comply with
25 the requirements of this Section.
26 In addition to any other definition of failure or refusal
27 to comply with the requirements of Title IV of the federal
28 Social Security Act, in the case of failure to attend court
29 hearings, the parent or other person can show cooperation by
30 attending a court hearing or, if a court hearing cannot be
31 scheduled within 30 days following the court hearing that was
32 missed, by signing a statement that the parent or other
33 person is now willing to cooperate in the child support
34 enforcement process and will appear at any later scheduled
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1 court date. The parent or other person can show cooperation
2 by signing such a statement only once. If failure to attend
3 the court hearing or other failure to cooperate results in
4 the case being dismissed, such a statement may be signed
5 after 2 months.
6 No denial or termination of medical assistance pursuant
7 to this Section shall commence during pregnancy of the parent
8 or other person having custody of the child or for 30 days
9 after the termination of such pregnancy. The termination of
10 medical assistance may commence thereafter if the Illinois
11 Department determines that the failure or refusal to comply
12 with this Section persists. Postponement of denial or
13 termination of medical assistance during pregnancy under this
14 paragraph shall be effective only to the extent it does not
15 conflict with federal law or regulation.
16 Any evidence a parent or other person having custody of
17 the child gives in order to comply with the requirements of
18 this Section shall not render him or her liable to
19 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
20 of 1961", approved July 28, 1961, as amended.
21 When so requested, the Illinois Department shall provide
22 such services and assistance as the law enforcement officer
23 may require in connection with the filing of any action
24 hereunder.
25 The Illinois Department, and as an expense of
26 administration, may also provide applicants for and
27 recipients of aid with such services and assistance,
28 including assumption of the reasonable costs of prosecuting
29 any action or proceeding, as may be necessary to enable them
30 to enforce the child support liability required hereunder.
31 Nothing in this Section shall be construed as a
32 requirement that an applicant or recipient file an action for
33 dissolution of marriage against his or her spouse.
34 (Source: P.A. 85-1308.)
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1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 4-1.7. Enforcement of Parental Child Support
3 Obligation.) If the parent or parents of the child are
4 failing to meet or are delinquent in their legal obligation
5 to support the child, the parent or other person having
6 custody of the child or the Illinois Department of Public Aid
7 may request the law enforcement officer authorized or
8 directed by law to so act to file action for the enforcement
9 of such remedies as the law provides for the fulfillment of
10 the child support obligation.
11 If a parent has a judicial remedy against the other
12 parent to compel child support, or if, as the result of an
13 action initiated by or in behalf of one parent against the
14 other, a child support order has been entered in respect to
15 which there is noncompliance or delinquency, or where the
16 order so entered may be changed upon petition to the court to
17 provide additional support, the parent or other person having
18 custody of the child or the Illinois Department of Public Aid
19 may request the appropriate law enforcement officer to seek
20 enforcement of the remedy, or of the support order, or a
21 change therein to provide additional support. If the law
22 enforcement officer is not authorized by law to so act in
23 these instances, the parent, or if so authorized by law the
24 other person having custody of the child, or the Illinois
25 Department of Public Aid may initiate an action to enforce
26 these remedies.
27 A parent or other person having custody of the child must
28 who fails or refuses to comply with the requirements of Title
29 IV of the federal Social Security Act, and the regulations
30 duly promulgated thereunder, and any rules promulgated by the
31 Illinois Department regarding enforcement of the child
32 support obligation shall be denied aid or aid for that person
33 shall be terminated for as long as the failure or refusal
34 persists. The Illinois Department of Public Aid and the
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1 Department of Human Services may provide by rule for the
2 grant or continuation of aid to the person for a temporary
3 period if he or she accepts counseling or other services
4 designed to increase his or her motivation to seek
5 enforcement of the child support obligation.
6 A child shall not be denied aid under this Article either
7 initially or subsequently because a parent or other person
8 having custody of the child fails or refuses to comply with
9 the requirements of this Section.
10 In addition to any other definition of failure or refusal
11 to comply with the requirements of Title IV of the federal
12 Social Security Act, or Illinois Department rule, in the case
13 of failure to attend court hearings, the parent or other
14 person can show cooperation by attending a court hearing or,
15 if a court hearing cannot be scheduled within 14 30 days
16 following the court hearing that was missed, by signing a
17 statement that the parent or other person is now willing to
18 cooperate in the child support enforcement process and will
19 appear at any later scheduled court date. The parent or
20 other person can show cooperation by signing such a statement
21 only once. If failure to attend the court hearing or other
22 failure to cooperate results in the case being dismissed,
23 such a statement may be signed after 2 months.
24 No denial or termination of medical assistance pursuant
25 to this Section shall commence during pregnancy of the parent
26 or other person having custody of the child or for 30 days
27 after the termination of such pregnancy. The termination of
28 medical assistance may commence thereafter if the Illinois
29 Department of Public Aid determines that the failure or
30 refusal to comply with this Section persists. Postponement
31 of denial or termination of medical assistance during
32 pregnancy under this paragraph shall be effective only to the
33 extent it does not conflict with federal law or regulation.
34 Any evidence a parent or other person having custody of
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1 the child gives in order to comply with the requirements of
2 this Section shall not render him or her liable to
3 prosecution under Sections 11-7 or 11-8 of the "Criminal Code
4 of 1961", approved July 28, 1961, as amended.
5 When so requested, the Illinois Department of Public Aid
6 and the Department of Human Services shall provide such
7 services and assistance as the law enforcement officer may
8 require in connection with the filing of any action
9 hereunder.
10 The Illinois Department of Public Aid and the Department
11 of Human Services, and as an expense of administration, may
12 also provide applicants for and recipients of aid with such
13 services and assistance, including assumption of the
14 reasonable costs of prosecuting any action or proceeding, as
15 may be necessary to enable them to enforce the child support
16 liability required hereunder.
17 Nothing in this Section shall be construed as a
18 requirement that an applicant or recipient file an action for
19 dissolution of marriage against his or her spouse.
20 (Source: P.A. 89-507, eff. 7-1-97.)
21 (305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9)
22 Sec. 4-1.9. Participation in Educational and Vocational
23 Training Programs.
24 (a) A parent or parents and a child age 16 or over not
25 in regular attendance in school, as defined in Section 4-1.1
26 as that Section existed on August 26, 1969 (the effective
27 date of Public Act 76-1047), for whom education and training
28 is suitable, must participate in the educational and
29 vocational training programs provided pursuant to Article
30 IXA.
31 (b) A parent who is less than 20 18 years of age and who
32 has not received a high school diploma or high school
33 equivalency certificate is required to be enrolled in school
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1 or in an educational program that is expected to result in
2 the receipt of a high school diploma or high school
3 equivalency certificate, except 18 and 19 year old parents
4 may be assigned to work activities or training if it is
5 determined based on an individualized assessment that
6 secondary school is inappropriate or be subject to sanction
7 under Article IXA.
8 (Source: P.A. 88-670, eff. 12-2-94; 89-6, eff. 3-6-95.)
9 (305 ILCS 5/4-1.12 new)
10 Sec. 4-1.12. Five year limitation.
11 No assistance unit shall be eligible for a cash grant
12 under this Article if it includes an adult who has received
13 cash assistance as an adult for 60 months, whether or not
14 consecutive, after the effective date of this amendatory Act
15 of 1997. The Illinois Department may exempt individual
16 assistance units from the 60-month limitation or determine
17 circumstances under which a month or months would not count
18 towards the 60-month limitation even though the assistance
19 unit did receive cash assistance under this Article.
20 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
21 Sec. 4-2. Amount of aid.
22 (a) The amount and nature of financial aid shall be
23 determined in accordance with the standards, grant amounts,
24 rules and regulations of the Illinois Department. Due regard
25 shall be given to the self-sufficiency requirements of the
26 family and to the income, money contributions and other
27 support and resources available, from whatever source.
28 Beginning July 1, 1992, the supplementary grants previously
29 paid under this Section shall no longer be paid. However,
30 the amount and nature of any financial aid is not affected by
31 the payment of any grant under the "Senior Citizens and
32 Disabled Persons Property Tax Relief and Pharmaceutical
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1 Assistance Act". The aid shall be sufficient, when added to
2 all other income, money contributions and support to provide
3 the family with a grant in the amount established by
4 Department regulation.
5 (b) The Illinois Department may conduct special
6 projects, which may be known as Grant Diversion Projects,
7 under which recipients of financial aid under this Article
8 are placed in jobs and their grants are diverted to the
9 employer who in turn makes payments to the recipients in the
10 form of salary or other employment benefits. The Illinois
11 Department shall by rule specify the terms and conditions of
12 such Grant Diversion Projects. Such projects shall take into
13 consideration and be coordinated with the programs
14 administered under the Illinois Emergency Employment
15 Development Act.
16 (c) The amount and nature of the financial aid for a
17 child requiring care outside his own home shall be determined
18 in accordance with the rules and regulations of the Illinois
19 Department, with due regard to the needs and requirements of
20 the child in the foster home or institution in which he has
21 been placed.
22 (d) If the Department establishes grants for family
23 units consisting exclusively of a pregnant woman with no
24 dependent child or including her husband if living with her,
25 the grant amount for such a unit shall be equal to the grant
26 amount for an assistance unit consisting of one adult, or 2
27 persons if the husband is included. Other than as herein
28 described, an unborn child shall not be counted in
29 determining the size of an assistance unit or for calculating
30 grants.
31 Payments for basic maintenance requirements of a child or
32 children and the relative with whom the child or children are
33 living shall be prescribed, by rule, by the Illinois
34 Department.
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1 These grants may be increased in the following circumstances:
2 1. If the child is living with both parents or with
3 persons standing in the relationship of parents, and if
4 the grant is necessitated because of the unemployment or
5 insufficient earnings of the parent or parents and
6 neither parent is receiving benefits under "The
7 Unemployment Compensation Act", approved June 30, 1937,
8 as amended, the maximum may be increased by not more than
9 $25.
10 2. If a child is age 13 or over, the maximum may be
11 increased by not more than $15.
12 The allowances provided under Article IX for recipients
13 participating in the training and rehabilitation programs
14 shall be in addition to the maximum payments established in
15 this Section.
16 Grants under this Article shall not be supplemented by
17 General Assistance provided under Article VI.
18 (e) Grants shall be paid to the parent or other person
19 with whom the child or children are living, except for such
20 amount as is paid in behalf of the child or his parent or
21 other relative to other persons or agencies pursuant to this
22 Code or the rules and regulations of the Illinois Department.
23 (f) An assistance unit, receiving financial aid under
24 this Article or temporarily ineligible to receive aid under
25 this Article under a penalty imposed by the Illinois
26 Department for failure to comply with the eligibility
27 requirements or that voluntarily requests termination of
28 financial assistance under this Article and becomes
29 subsequently eligible for assistance within 9 months, shall
30 not receive any increase in the amount of aid solely on
31 account of the birth of a child; except that an increase is
32 not prohibited when the birth is (i) of a child of a pregnant
33 woman who became eligible for aid under this Article during
34 the pregnancy, or (ii) of a child born within 10 months after
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1 the date of implementation of this subsection, or (iii) of a
2 child conceived after a family became ineligible for
3 assistance due to income or marriage and at least 3 months of
4 ineligibility expired before any reapplication for
5 assistance. This subsection does not, however, prevent a
6 unit from receiving a general increase in the amount of aid
7 that is provided to all recipients of aid under this Article.
8 The Illinois Department is authorized to transfer funds,
9 and shall use any budgetary savings attributable to not
10 increasing the grants due to the births of additional
11 children, to supplement existing funding for employment and
12 training services within the JOBS or its successor program
13 for recipients of aid under this Article IV. The Illinois
14 Department shall target, to the extent the supplemental
15 funding allows, employment and training JOBS services to the
16 families who do not receive a grant increase after the birth
17 of a child. In addition, the Illinois Department shall
18 provide, to the extent the supplemental funding allows, such
19 families with up to 24 months of transitional child care
20 pursuant to Illinois Department rules. All remaining
21 supplemental funds shall be used for JOBS employment and
22 training services or transitional child care support.
23 In making the transfers authorized by this subsection,
24 the Illinois Department shall first determine, pursuant to
25 regulations adopted by the Illinois Department for this
26 purpose, the amount of savings attributable to not increasing
27 the grants due to the births of additional children.
28 Transfers may be made from General Revenue Fund
29 appropriations for distributive purposes authorized by
30 Article IV of this Code only to General Revenue Fund
31 appropriations for employability development services
32 including operating and administrative costs and related
33 distributive purposes under Article IXA of this Code. The
34 Director, with the approval of the Governor, shall certify
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1 the amount and affected line item appropriations to the State
2 Comptroller.
3 The Illinois Department shall apply for all waivers of
4 federal law and regulations necessary to implement this
5 subsection; implementation of this subsection is contingent
6 on the Illinois Department receiving all necessary federal
7 waivers. The Illinois Department may implement this
8 subsection through the use of emergency rules in accordance
9 with Section 5-45 of the Illinois Administrative Procedure
10 Act. For purposes of the Illinois Administrative Procedure
11 Act, the adoption of rules to implement this subsection shall
12 be considered an emergency and necessary for the public
13 interest, safety, and welfare.
14 Nothing in this subsection shall be construed to prohibit
15 the Illinois Department from using AFDC funds under this
16 Article IV to provide assistance in the form of vouchers that
17 may be used to pay for goods and services deemed by the
18 Illinois Department, by rule, as suitable for the care of the
19 child such as diapers, clothing, school supplies, and cribs.
20 (g) Notwithstanding any other provision of this Code to
21 the contrary, the Illinois Department is authorized to reduce
22 or eliminate payments for supplementary grants under the
23 first paragraph of this Section as necessary to implement
24 contingency reserves under the Emergency Budget Act of Fiscal
25 Year 1992, to the extent permitted by federal law. Any such
26 reduction or elimination shall expire on July 1, 1992.
27 (h) Notwithstanding any other provision of this Code,
28 the Illinois Department is authorized to reduce payment
29 levels used to determine cash grants under this Article after
30 December 31 of any fiscal year if the Illinois Department
31 determines that the caseload upon which the appropriations
32 for the current fiscal year are based have increased by more
33 than 5% and the appropriation is not sufficient to ensure
34 that cash benefits under this Article do not exceed the
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1 amounts appropriated for those cash benefits. Reductions in
2 payment levels may be accomplished by emergency rule under
3 Section 5-45 of the Illinois Administrative Procedure Act,
4 except that the limitation on the number of emergency rules
5 that may be adopted in a 24-month period shall not apply and
6 the provisions of Sections 5-115 and 5-125 of the Illinois
7 Administrative Procedure Act shall not apply. Increases in
8 payment levels shall be accomplished only in accordance with
9 Section 5-40 of the Illinois Administrative Procedure Act.
10 Before any rule to increase payment levels promulgated under
11 this Section shall become effective, a joint resolution
12 approving the rule must be adopted by a roll call vote by a
13 majority of the members elected to each chamber of the
14 General Assembly.
15 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
16 89-641, eff. 8-9-96.)
17 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
18 Sec. 4-8. Mismanagement of assistance grant.
19 (a) If the County Department has reason to believe that
20 the money payment for basic maintenance is not being used, or
21 may not be used, in the best interests of the child and the
22 family and that there is present or potential damage to the
23 standards of health and well-being that the grant is intended
24 to assure, the County Department shall provide the parent or
25 other relative with the counseling and guidance services with
26 respect to the use of the grant and the management of other
27 funds available to the family as may be required to assure
28 use of the grant in the best interests of the child and
29 family. The Illinois Department shall by rule prescribe
30 criteria which shall constitute evidence of grant
31 mismanagement. The criteria shall include but not be limited
32 to the following:
33 (1) A determination that a child in the assistance
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1 unit is not receiving proper and necessary support or
2 other care for which assistance is being provided under
3 this Code.
4 (2) A record establishing that the parent or
5 relative has been found guilty of public assistance fraud
6 under Article VIIIA.
7 (3) A determination by an appropriate person,
8 entity, or agency that the parent or other relative
9 requires treatment for alcohol or substance abuse, mental
10 health services, or other special care or treatment.
11 The Department shall at least consider non-payment of
12 rent for two consecutive months as evidence of grant
13 mismanagement by a parent or relative of a recipient who is
14 responsible for making rental payments for the housing or
15 shelter of the child or family, unless the Department
16 determines that the non-payment is necessary for the
17 protection of the health and well-being of the recipient. The
18 County Department shall advise the parent or other relative
19 grantee that continued mismanagement will result in the
20 application of one of the sanctions specified in this
21 Section.
22 The Illinois Department shall consider irregular school
23 attendance by children of elementary school age grades 1
24 through 8 6, as evidence of lack of proper and necessary
25 support or care. The Department may extend this consideration
26 to children in grades higher than 8.
27 The Illinois Department shall develop preventive programs
28 in collaboration with elementary school and social service
29 networks to encourage school attendance of children receiving
30 assistance under Article IV. To the extent that Illinois
31 Department and community resources are available, the
32 programs shall serve families whose children in grades 1
33 through 8 6 are not attending elementary school regularly, as
34 defined by the school. The Department may extend these
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1 programs to families whose children are in grades higher than
2 8. The programs shall include referrals from the school to a
3 social service network, assessment and development of a
4 service plan by one or more network representatives, and the
5 Illinois Department's encouragement of the family to follow
6 through with the service plan. Families that fail to follow
7 the service plan as determined by the service provider, shall
8 be subject to the protective payment provisions of this
9 Section and Section 4-9 of this Code.
10 Families for whom a protective payment plan has been in
11 effect for at least 3 months and whose elementary school
12 children continue to regularly miss school shall be subject
13 to a sanction under Section 4-21 of the parent's portion of
14 the grant. The sanction shall continue until the children
15 demonstrate satisfactory attendance, as defined by the
16 school. To the extent necessary to implement this Section,
17 the Illinois Department shall seek appropriate waivers of
18 federal requirements from the U.S. Department of Health and
19 Human Services.
20 The Illinois Department may implement the amendatory
21 changes to this Section made by this amendatory Act of 1995
22 through the use of emergency rules in accordance with the
23 provisions of Section 5-45 of the Illinois Administrative
24 Procedure Act. For purposes of the Illinois Administrative
25 Procedure Act, the adoption of rules to implement the
26 amendatory changes to this Section made by this amendatory
27 Act of 1995 shall be deemed an emergency and necessary for
28 the public interest, safety, and welfare.
29 (b) If the local office has reason to believe that a
30 caretaker relative is experiencing substance abuse:
31 (i) If there is another family member or friend who
32 is ensuring that the family's needs are being met, that
33 person, if willing, shall be assigned as protective
34 payee.
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1 (ii) If there is no family member or close friend
2 to serve as protective payee, the Department shall
3 determine if a referral to the Department of Children and
4 Family Services is warranted and, if appropriate, make
5 the referral.
6 (iii) The Department shall contact the individual
7 who is thought to be experiencing substance abuse and
8 explain why the protective payee has been assigned and
9 refer the individual to treatment.
10 (c) This subsection (c) applies to cases other than
11 those described in subsection (b). If the efforts to correct
12 the mismanagement of the grant have failed, the County
13 Department, in accordance with the rules and regulations of
14 the Illinois Department, shall initiate one or more of the
15 following actions:
16 1. Provide for a protective payment to a substitute
17 payee, as provided in Section 4-9. This action may be
18 initiated for any assistance unit containing a child
19 determined to be neglected by the Department of Children
20 and Family Services under the Abused and Neglected Child
21 Reporting Act, and in any case involving a record of
22 public assistance fraud.
23 2. Provide for issuance of all or part of the grant
24 in the form of disbursing orders. This action may be
25 initiated in any case involving a record of public
26 assistance fraud, or upon the request of a substitute
27 payee designated under Section 4-9.
28 3. File a petition under the Juvenile Court Act of
29 1987 for an Order of Protection under Sections 2-25,
30 2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that
31 Act.
32 4. Institute a proceeding under the Juvenile Court
33 Act of 1987 for the appointment of a guardian or legal
34 representative for the purpose of receiving and managing
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1 the public aid grant.
2 5. If the mismanagement of the grant, together with
3 other factors, have rendered the home unsuitable for the
4 best welfare of the child, file a neglect petition under
5 the Juvenile Court Act of 1987, requesting the removal of
6 the child or children.
7 (Source: P.A. 88-412; 89-6, eff. 3-6-95.)
8 (305 ILCS 5/4-12) (from Ch. 23, par. 4-12)
9 Sec. 4-12. Crisis assistance. The following groups of
10 families who receive assistance under Section 4-1 who are
11 also found eligible to receive assistance under this Section
12 shall be provided such assistance in the amounts and within
13 such times as are herein specified: (1) families who receive
14 assistance (or who meet all eligibility criteria for receipt
15 of assistance) under Article IV of this Code; (2) other
16 families which contain a child under 21 years old and which
17 meet the financial eligibility criteria for assistance under
18 Article IV of this Code; and (3) pregnant women whose
19 pregnancy has been determined by medical diagnosis and where
20 the woman and child would have been eligible for assistance
21 under Article IV of this Code if the child were already born.
22 No assistance provided pursuant to this Section shall be
23 treated as income in computing the regular basic maintenance
24 assistance grant under any other Section.
25 (a) Special Assistance: Where a family has been (1)
26 rendered homeless or threatened with homelessness by fire,
27 flood, other natural disaster, eviction or court order to
28 vacate the premises for reasons other than nonpayment of
29 rent, or where a spouse and child have become homeless
30 because they have left the residence occupied by a spouse who
31 was physically abusing the now homeless spouse or child; (2)
32 deprived of essential items of furniture or essential
33 clothing by fire or flood or other natural disaster; (3)
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1 deprived of food as a result of actions other than loss or
2 theft of cash and where the deprivation cannot be promptly
3 alleviated through the federal food stamp program; (4) as a
4 result of a documented theft or documented loss of cash,
5 deprived of food or essential clothing or deprived of shelter
6 or immediately threatened with deprivation of shelter as
7 evidenced by a court order requiring immediate eviction due
8 to nonpayment of rent threatened with the dissolution of the
9 family unit by economic necessity as evidenced by a decision
10 by the Illinois Department of Children and Family Services
11 that the child would have to be placed in a foster parent
12 setting if the economic crisis is not alleviated; or (5)
13 rendered the victim of such other hardships as the Illinois
14 Department shall by rule define, the Illinois Department may
15 shall provide assistance to alleviate such special needs.
16 The Illinois Department shall verify need and determine
17 eligibility for crisis special assistance for families
18 already receiving grants from the Illinois Department within
19 5 working days following application for such assistance and
20 shall determine eligibility for all other families and afford
21 such assistance for families found eligible within such time
22 limits as the Illinois Department shall by rule provide. The
23 Illinois Department may, by rule, limit crisis special
24 assistance to an eligible family to once for a period not
25 exceeding 30 consecutive days in any 12 consecutive months.
26 This limitation may be made for some or all items of crisis
27 special assistance.
28 (b) Emergency Assistance: Where, as a result of
29 documented theft or documented loss of cash, a family has
30 been deprived of food or essential clothing or deprived of
31 shelter or immediately threatened with deprivation of shelter
32 as evidenced by a court order requiring immediate eviction
33 due to nonpayment of rent, the Illinois Department shall
34 provide emergency assistance to alleviate such deprivation.
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1 The Illinois Department may provide emergency assistance in
2 cases where it would otherwise provide special assistance if
3 such emergency assistance payments are eligible for federal
4 reimbursement under Section 406(e) of the Social Security
5 Act. Emergency assistance shall be available to an eligible
6 family for a period not exceeding 30 consecutive days in any
7 12 consecutive months. The Illinois Department shall verify
8 need for, determine eligibility for, and deliver assistance
9 to or for the benefit of families determined eligible for
10 emergency assistance within time periods which are consonant
11 with the requirements for provision of emergency assistance
12 under Section 406(e) of the Social Security Act. The Illinois
13 Department may also enter into written agreements with
14 private and public social service agencies in order to
15 provide food, essential clothing, and shelter to recipients
16 of assistance under Section 4-1 who are without lodging,
17 food, or essential clothing during a weekend or holiday when
18 the Department's offices are closed. Such contracts shall
19 require the social service agency to report any such
20 assistance to the Department's recipient's local office on
21 the first business day occurring after the social service
22 agency provides such assistance.
23 (c) The Illinois Department by regulation shall specify
24 the criteria for determining eligibility and the amount and
25 nature of assistance to be provided in each of the situations
26 described in subparagraphs (a) and (b) above. Where
27 deprivation of shelter exists or is threatened, the Illinois
28 Department may provide reasonable moving expenses, short term
29 rental costs, including one month's rent and a security
30 deposit where such expenses are needed for relocation, and,
31 where the Department determines appropriate, provide
32 assistance to prevent an imminent eviction or foreclosure.
33 These amounts may be described in established amounts or
34 maximums. The Illinois Department may also describe, for
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1 each form of assistance authorized, the method by which the
2 assistance shall be delivered, including but not limited to
3 warrants or disbursing orders.
4 (d) Financial Limitations: Annual expenditures under
5 this Section shall not exceed $2,000,000 $3,000,000. The
6 Illinois Department shall review such expenditures quarterly
7 and shall, if necessary, reduce the amounts or nature of
8 assistance authorized in order to assure that the limit is
9 not exceeded.
10 (e) The Illinois Department may implement the amendatory
11 changes to this Section made by this amendatory Act of 1991
12 through the use of emergency rules in accordance with the
13 provisions of Section 5-45 of the Illinois Administrative
14 Procedure Act. For purposes of the Illinois Administrative
15 Procedure Act, the adoption of rules to implement the
16 amendatory changes to this Section made by this amendatory
17 Act of 1991 shall be deemed an emergency and necessary for
18 the public interest, safety and welfare.
19 (Source: P.A. 87-14; 87-860.)
20 (305 ILCS 5/4-21 new)
21 Sec. 4-21. Sanctions.
22 (a) The Illinois Department shall, by rule, establish a
23 system of sanctions for persons who fail to cooperate,
24 without good cause, with employment and training programs or
25 other programs under this Article or Article IXA or who fail
26 to cooperate with child support programs under this Article,
27 Article X, or Title IV of the federal Social Security Act.
28 The sanctions may discontinue all or part of the cash grant
29 provided under this Article. The sanctions may be time
30 limited or continue until the person cooperates in the
31 program. The sanctions may be progressive in that a second,
32 third, or further sanction may be progressively more severe
33 or last longer.
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1 (b) The Illinois Department shall, by rule, define what
2 constitutes failure to cooperate and what constitutes good
3 cause which would excuse that failure.
4 (305 ILCS 5/4-22 new)
5 Sec. 4-22. Domestic violence.
6 (a) The assessment process to develop the personal plan
7 for achieving self-sufficiency shall include questions that
8 screen for domestic violence issues. If the individual
9 indicates that he or she is the victim of domestic violence
10 and indicates a need to address domestic violence issues in
11 order to reach self-sufficiency, the plan shall take this
12 factor into account in determining the work, education, and
13 training activities suitable to the client for achieving
14 self-sufficiency. In addition, in such a case, specific
15 steps needed to directly address the domestic violence issues
16 may also be made part of the plan, including referral to an
17 available domestic violence program.
18 (b) The Illinois Department shall develop and monitor
19 compliance procedures for its employees, contractors, and
20 subcontractors to ensure that any information pertaining to
21 any client who claims to be a past or present victim of
22 domestic violence or an individual at risk of further
23 domestic violence, whether provided by the victim or by a
24 third party, will remain confidential.
25 (305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 6-1.3. Utilization of Aid Available Under Other
28 Provisions of Code.) The person must have been determined
29 ineligible for aid under the federally funded programs to aid
30 refugees and Articles III, IV or V. Nothing in this Section
31 shall prevent the use of General Assistance funds to pay any
32 portion of the costs of care and maintenance in a residential
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1 drug abuse treatment program licensed by the Department of
2 Alcoholism and Substance Abuse, or in a County Nursing Home,
3 or in a private nursing home, retirement home or other
4 facility for the care of the elderly, of a person otherwise
5 eligible to receive General Assistance except for the
6 provisions of this paragraph.
7 A person otherwise eligible for aid under the federally
8 funded programs to aid refugees or Articles III, IV or V who
9 fails or refuses to comply with provisions of this Code or
10 other laws, or rules and regulations of the Illinois
11 Department, which would qualify him for aid under those
12 programs or Articles, shall not receive General Assistance
13 under this Article nor shall any of his dependents whose
14 eligibility is contingent upon such compliance receive
15 General Assistance.
16 (Source: P.A. 83-1528.)
17 (Text of Section after amendment by P.A. 89-507)
18 Sec. 6-1.3. Utilization of Aid Available Under Other
19 Provisions of Code. The person must have been determined
20 ineligible for aid under the federally funded programs to aid
21 refugees and Articles III, IV or V. Nothing in this Section
22 shall prevent the use of General Assistance funds to pay any
23 portion of the costs of care and maintenance in a residential
24 drug abuse treatment program licensed by the Department of
25 Human Services, or in a County Nursing Home, or in a private
26 nursing home, retirement home or other facility for the care
27 of the elderly, of a person otherwise eligible to receive
28 General Assistance except for the provisions of this
29 paragraph.
30 A person otherwise eligible for aid under the federally
31 funded programs to aid refugees or Articles III, IV or V who
32 fails or refuses to comply with provisions of this Code or
33 other laws, or rules and regulations of the Illinois
34 Department, which would qualify him for aid under those
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1 programs or Articles, shall not receive General Assistance
2 under this Article nor shall any of his dependents whose
3 eligibility is contingent upon such compliance receive
4 General Assistance.
5 Persons and families who are ineligible for aid under
6 Article IV due to having received benefits under Article IV
7 for any maximum time limits set under the Illinois Temporary
8 Assistance to Needy Families (TANF) Plan shall not be
9 eligible for General Assistance under this Article unless the
10 Illinois Department or the local governmental unit, by rule,
11 specifies that those persons or families may be eligible.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
14 Sec. 9A-3. Establishment of Program and Level of
15 Services.
16 (a) The Illinois Department shall establish and maintain
17 a program to provide recipients with services consistent with
18 the purposes and provisions of this Article. The program
19 offered in different counties of the State may vary depending
20 on the resources available to the State to provide a program
21 under this Article, and no program may be offered in some
22 counties, depending on the resources available. Services may
23 be provided directly by the Illinois Department or through
24 contract, as allowed by federal law. References to the
25 Illinois Department or staff of the Illinois Department shall
26 include contractors when the Illinois Department has entered
27 into contracts for these purposes. The Illinois Department
28 shall provide each recipient who participates with such
29 services available under the program as are necessary to
30 achieve his employability plan as specified in the plan.
31 (b) The Illinois Department, in operating the program,
32 shall cooperate with public and private education and
33 vocational training or retraining agencies or facilities, the
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1 Illinois State Board of Education, the Illinois Community
2 College Board, the Departments of Employment Security and
3 Commerce and Community Affairs or other sponsoring
4 organizations funded under the federal Job Training
5 Partnership Act and other public or licensed private
6 employment agencies.
7 (c) The Illinois Department shall target resources to
8 the following groups:
9 (1) current recipients who have received Aid to
10 Families with Dependent Children for any 36 of the
11 preceding 60 months;
12 (2) applicants for Aid to Families with Dependent
13 Children who have received Aid to Families with Dependent
14 Children for any 36 of the 60 months immediately
15 preceding the most recent month for which application has
16 been made;
17 (3) custodial parents under age 24 who have not
18 completed high school or have little or no work
19 experience within the preceding year; or
20 (4) members of families in which the youngest child
21 is within 2 years of being ineligible for assistance
22 under this Article because of age.
23 (Source: P.A. 86-1184; 86-1381; 86-1475; 87-860.)
24 (305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
25 Sec. 9A-4. Participation.
26 (a) Except for those exempted under subsection (b)
27 below, and to the extent resources permit, the Illinois
28 Department as a condition of eligibility for public aid, may,
29 as provided by rule, require all recipients to participate in
30 an education, training, and employment program, which shall
31 include accepting suitable employment and refraining from
32 terminating employment or reducing earnings without good
33 cause.
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1 (b) Recipients shall be exempt from the requirement of
2 participation in the education, training, and employment
3 program in the following circumstances:
4 (1) The recipient is a person over age 60 (i) is
5 not a parent and is under age 16 or (ii) is age 60 or
6 older; or
7 (2) The recipient is a person with a child under
8 age one. temporarily medically unable to participate,
9 including a period of recuperation after childbirth;
10 (3) The recipient is chronically medically unable
11 to participate;
12 (4) The recipient resides in an area so remote, as
13 defined by rule, as to preclude effective participation
14 in the program;
15 (5) The recipient is needed in the home because of
16 the illness or incapacity of another member of the
17 household;
18 (6) The recipient works 30 or more hours a week;
19 (7) The recipient, age 16 through 18, is attending
20 full time an elementary, secondary, vocational or
21 technical school (If the individual loses this exemption
22 because he or she is no longer in school, the exemption
23 is no longer applicable even if the individual returns to
24 school);
25 (8) The recipient is in the 4th month of pregnancy
26 or later;
27 (9) The recipient is the parent or other relative
28 of a child under 3 years of age who is personally
29 providing care for the child;
30 (10) The recipient is enrolled full time as a VISTA
31 volunteer under Title I of the 1973 Domestic Volunteer
32 Services Act (42 U.S.C. 4951 et seq.).
33 (c) Notwithstanding subsections (a) and (b) above, a
34 custodial parent who is under 20 years of age, has not earned
-34- LRB9001426DJcdam
1 a high school diploma or its equivalent and is not exempt
2 from participation under any exemption other than the one
3 based upon the age of the child found in paragraph (9) of
4 subsection (b) of this Section, is not exempt from
5 participation in educational activities directed toward
6 obtaining a high school diploma or its equivalent. Such
7 educational activities may be on a full-time basis (as
8 defined by the educational provider).
9 (d) A custodial parent age 16 or 17 may be excused from
10 educational activities directed toward obtaining a high
11 school diploma (or equivalent) if the parent is unable to
12 participate due to his or her own mental or physical illness
13 or that of his or her spouse or child, or is homeless, or is
14 experiencing family or personal crisis.
15 (e) A custodial parent who is age 18 or 19 may
16 participate in training or work activities instead of
17 educational activities if one of the following conditions is
18 met:
19 (1) prior to any assignment of the parent to
20 educational activities, it is determined, based on an
21 educational assessment and the employment goal
22 established in the parents' employability plan, that
23 participation in educational activities is not
24 appropriate; or
25 (2) the parent fails to make good progress in
26 successfully completing educational activities, and it is
27 determined based on an individual assessment, and the
28 employment plan that the educational activity is not
29 appropriate.
30 (Source: P.A. 88-412; 89-6, eff. 3-6-95.)
31 (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
32 Sec. 9A-7. Good Cause and Pre-Sanction Process
33 Conciliation.
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1 (a) The Department shall establish by rule what
2 constitutes good cause for failure to participate in
3 education, training and employment programs, failure to
4 accept suitable employment or terminating employment or
5 reducing earnings.
6 The Department shall establish, by rule, a pre-sanction
7 process to assist in resolving disputes over proposed
8 sanctions and in determining if good cause exists. Good cause
9 shall may include, but not be limited to:
10 (1) temporary illness for its duration illness or
11 incapacity;
12 (2) court required appearance or temporary
13 incarceration;
14 (3) (blank) family crisis;
15 (4) death in the family;
16 (5) (blank) breakdown in child care arrangements;
17 (6) (blank) sudden and unexpected emergency;
18 (7) (blank) unavailability of otherwise suitable
19 child care;
20 (8) (blank) breakdown in transportation
21 arrangements or lack of reasonable available
22 transportation;
23 (9) extreme inclement weather;
24 (10) (blank) the job referral does not meet
25 appropriate work or training criteria;
26 (11) lack of any support service even though the
27 necessary service is not specifically provided under the
28 Department program, to the extent the lack of the needed
29 service presents a significant barrier to participation;
30 (12) if an individual is engaged in employment or
31 training or both that is consistent with the employment
32 related goals of the program, if such employment and
33 training is later approved by Department staff;
34 (13) (blank) failure to cooperate due to symptoms
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1 of conditions for which the participant may need
2 rehabilitation services;
3 (14) failure of Department staff to correctly
4 forward the information to other Department staff;
5 (15) failure of the participant to cooperate
6 because of attendance at a test or a mandatory class or
7 function at an educational program (including college),
8 when an education or training program is officially
9 approved by the Department;
10 (16) failure of the participant due to his or her
11 illiteracy;
12 (17) failure of the participant because it is
13 determined that he or she should be in a different
14 activity component;
15 (18) non-receipt by the participant of a notice
16 advising him or her of a participation requirement, if
17 documented by the participant. Documentation can include,
18 but is not limited to: a written statement from the post
19 office or other informed individual: the notice not sent
20 to the participant's last known address in Department
21 records; return of the notice by the post office; other
22 returned mail; proof of previous mail theft problems.
23 When determining whether or not the participant has
24 demonstrated non-receipt, the Department shall take into
25 consideration a participant's history of cooperation or
26 non-cooperation in the past. If the documented
27 non-receipt of mail occurs frequently, the Department
28 shall explore an alternative means of providing notices
29 of participation requests to participants;
30 (19) (blank) not accepting employment that would
31 result in a net loss of cash income. Net loss of cash
32 income results if the family's gross income less actual
33 necessary work-related expenses is less than cash
34 assistance the individual was receiving at the time the
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1 offer of employment is made;
2 (20) non-comprehension of English, either written
3 or oral or both;
4 (21) (blank) failure of Department staff to make an
5 appropriate employability assessment or plan or both;
6 (22) (blank) the individual personally provides
7 care for a child under age 6 and the employment would
8 require working more than 20 hours per week;
9 (23) child care (or day care for an incapacitated
10 individual living in the same home as a dependent child)
11 is necessary for the participation or employment and such
12 care is not available for a child under age 13;
13 (24) failure to participate in an activity due to a
14 scheduled job interview;
15 (25) the individual is homeless. Homeless
16 individuals (including the family) have no current
17 residence and no expectation of acquiring one in the next
18 30 days. This includes individuals residing in overnight
19 and transitional (temporary) shelters. This does not
20 include individuals who are sharing a residence with
21 friends or relatives on a continuing basis;
22 (26) circumstances beyond the control of the
23 participant which prevent the participant from completing
24 program requirements; or
25 (27) (blank) other reasons not listed that
26 Department staff determine are appropriate.
27 (b) (Blank) No determination of failure of a recipient
28 to participate in the education, training and employment
29 programs or refusing to accept employment or terminating
30 employment or reducing earnings may be made and no sanction
31 may be imposed without documentation in the case file that
32 there has been a good cause determination and a Conciliation
33 Process as established by Department rule pursuant to
34 subsection (c) of this Section.
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1 (c) (1) The Department shall establish a reconciliation
2 conciliation procedure to assist in resolving disputes
3 related to any aspect of participation, including
4 exemptions, good cause, sanctions or proposed sanctions,
5 supportive services, orientation, assessments,
6 responsibility and service plans, employability plans,
7 assignment to activities components, suitability of
8 employment, or refusals of offers of employment. Through
9 the reconciliation process the Department shall have a
10 mechanism to identify good cause, ensure that the client
11 is aware of the issue, and enable the client to perform
12 required activities without facing sanction.
13 (2) A participant may request reconciliation
14 conciliation and receive notice in writing of a meeting.
15 Conciliation must begin within 14 work days upon request
16 of the participants or from the participant's failure to
17 meet requirements. At least one face-to-face meeting may
18 be scheduled to resolve misunderstandings or
19 disagreements related to program participation and
20 situations which may lead to a potential sanction. The
21 meeting will address the underlying reason for the
22 dispute and plan a resolution to enable the individual to
23 participate in TANF employment and work activity
24 requirements.
25 (2.5) If the individual fails to appear at the
26 reconciliation meeting without good cause, the
27 reconciliation is unsuccessful and a sanction shall be
28 imposed.
29 (3) The reconciliation conciliation process shall
30 continue after it is determined that the individual did
31 not have good cause for non-cooperation. Any necessary
32 demonstration of cooperation on the part of the
33 participant will be part of the reconciliation
34 conciliation process and will last no more than 30 days.
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1 Failure to demonstrate cooperation will result in
2 immediate sanction.
3 (4) For the first instance of non-cooperation, if
4 the client reaches agreement to cooperate, the client
5 shall be allowed 30 days to demonstrate cooperation
6 before any sanction activity may be imposed. In any
7 subsequent instances of non-cooperation, the client shall
8 be provided the opportunity to show good cause or remedy
9 the situation by immediately complying with the
10 requirement. During the conciliation process, the
11 following activities shall be completed:
12 (A) a discussion of the nature of the problem
13 or dispute and potential resolution;
14 (B) an explanation of the individual's rights
15 and responsibilities;
16 (C) a review of the employability plan;
17 (D) a discussion of expectations of the
18 participant and the Department; and
19 (E) development of a conciliation agreement
20 and fulfillment of it following the conciliation
21 meeting. The requirement of the agreement cannot be
22 contrary to component participation requirements.
23 (5) The Department shall document in the case
24 record the proceedings of the reconciliation conciliation
25 and provide the client in writing with a reconciliation
26 conciliation agreement.
27 (6) If reconciliation conciliation resolves the
28 dispute, no sanction shall be imposed and any previous
29 failure to participate without good cause shall not count
30 as a sanctionable event in the future. If the client
31 fails to comply with the reconciliation agreement, the
32 Department shall then immediately impose the original
33 sanction. If the dispute cannot be resolved during
34 reconciliation conciliation, a sanction shall not be
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1 imposed until the reconciliation conciliation process is
2 complete.
3 (Source: P.A. 86-1184; 86-1381; 86-1475.)
4 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
5 Sec. 9A-8. Operation of Program.
6 (a) At the time of application or redetermination of
7 eligibility under Article IV, as determined by rule, the
8 Illinois Department shall provide information in writing and
9 orally regarding the education, training and employment
10 program to all applicants and recipients. The information
11 required shall be established by rule, and shall include all
12 information required by federal regulations, including:
13 (1) education, employment and training
14 opportunities available;
15 (2) supportive services including child care;
16 (3) the obligation of the Department to provide
17 supportive services;
18 (4) the rights and responsibilities of
19 participants, including exemption and good cause criteria
20 and procedures; and
21 (5) the types and locations of child care services.
22 (b) Within the time period required by federal law The
23 Illinois Department shall notify the recipient in writing of
24 the opportunity to volunteer to participate in the program.
25 (c) (Blank). The Illinois Department shall provide an
26 orientation to each recipient who attends, which describes
27 all rights and responsibilities under the program. At the
28 orientation meeting the Department shall inform the
29 participant of participation requirements, distribute a copy
30 of the Department handbook to participants and explain its
31 contents. The Department handbook shall contain program
32 information including the following:
33 (1) an overview of the Department's education and
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1 training program;
2 (2) the exemption criteria and the procedure for
3 obtaining an exemption;
4 (3) a description of all components, eligibility
5 criteria, and specific participation requirements for
6 each component;
7 (4) general participation requirements;
8 (5) the support services available;
9 (6) the initial assessment process and reassessment
10 including review of the employability plan; and
11 (7) the result of the participant's failure to
12 cooperate without good cause.
13 Expenses for transportation and child care services shall
14 be provided to enable participants to attend the orientation
15 meeting, if requested.
16 (d) As part of the personal plan for achieving
17 employment and self-sufficiency, the Department shall conduct
18 an individualized assessment of the participant's
19 employability. Except as to participation in the Get-A-Job
20 Program, no participant may be assigned to any component of
21 the education, training and employment activity program prior
22 to such assessment, provided that a participant may be
23 assigned up to 4 weeks of Job Search prior to such
24 assessment. The plan initial assessment shall include
25 collection of information on the individual's background,
26 proficiencies, skills deficiencies, education level, work
27 history, employment goals, interests, aptitudes, and
28 employment preferences, as well as factors affecting
29 employability or ability to meet participation requirements
30 (e.g., health, physical or mental limitations, child care,
31 family circumstances, domestic violence, substance abuse, and
32 special and problems which may include the needs of any child
33 of the individual). In addition, facts relevant to a
34 determination of whether the individual qualifies for an
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1 exemption shall be elicited. A determination of whether the
2 individual qualifies for an exemption may take place at any
3 time the client requests or Department staff perceive a
4 reason for exemption during the individual's participation in
5 the program. As part of the plan assessment process,
6 individuals and Department staff shall work together to
7 identify any supportive service needs required to enable the
8 client to participate and meet the objectives of his or her
9 employability plan. The initial assessment may be conducted
10 through various methods such as interviews, testing,
11 counseling, and self-assessment instruments. The assessment
12 process shall include standard literacy testing and a
13 determination of English language proficiency for those who
14 display a potential need for literacy or language services.
15 For those individuals subject to a job search demonstration,
16 there may be an abbreviated assessment, as defined by rule,
17 and neither literacy testing nor a determination of English
18 language proficiency is required. Based on the initial
19 assessment, the individual will be assigned to the
20 appropriate component activity. The decision will be based
21 on a determination of the individual's level of preparation
22 for employment as defined by rule.
23 (e) Recipients determined to be exempt may volunteer to
24 participate pursuant to Section 9A-4 and must be assessed.
25 (f) As part of the personal plan for achieving
26 employment and self sufficiency under Section 4-1, an
27 employability plan for recipients shall be developed in
28 consultation with the participant. The Department shall have
29 final responsibility for approving the employability plan.
30 The employability plan shall:
31 (1) contain an employment goal of the participant;
32 (2) describe the services to be provided by the
33 Department, including child care and other support
34 services;
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1 (3) describe the activities, such as component
2 assignment, that will be undertaken by the participant to
3 achieve the employment goal; and
4 (4) describe any other needs of the family that
5 might be met by the Department.
6 (g) The employability plan shall take into account:
7 (1) available program resources;
8 (2) the participant's support service needs;
9 (3) the participant's skills level and aptitudes;
10 (4) local employment opportunities; and
11 (5) to the maximum extent possible, the preferences
12 of the participant.
13 Additionally, the employability plan shall not be
14 considered a contract, final approval of the plan rests with
15 the Department and the participant shall be offered a copy of
16 the employability plan.
17 (h) A reassessment shall be conducted to assess a
18 participant's progress and to review the employability plan
19 on the following occasions:
20 (1) upon completion of an a component activity and
21 before assignment to an a component activity;
22 (2) upon the request of the participant;
23 (3) if the individual is not cooperating with the
24 requirements of the program; and
25 (4) if the individual has failed to make
26 satisfactory progress in an education or training
27 program.
28 Based on the reassessment, the Department may revise the
29 employability plan of the participant.
30 (Source: P.A. 89-6, eff. 3-6-95; 89-289, eff. 1-1-96; 89-626,
31 eff. 8-9-96.)
32 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
33 Sec. 9A-9. Program Activities Components. The Department
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1 shall establish education, training and placement activities
2 components by rule. Not all of the same activities
3 components need be provided in each county in the State.
4 Such activities components may include the following:
5 (a) Education (Below post secondary). Participants who
6 are determined ready to participate but in need of education
7 are referred to the education component. In the Education
8 (below post secondary) activity this component, the
9 individual receives information, referral, counseling
10 services and support services to increase the individual's
11 employment potential. Participants may be referred to
12 testing, counseling and education resources. Educational
13 activities will include basic and remedial education; English
14 proficiency classes; high school or its equivalency (e.g.,
15 GED) or alternative education at the secondary level; and
16 with any educational program, structured study time to
17 enhance successful participation. An individual's
18 participation in an education program such as literacy, basic
19 adult education, high school equivalency (GED), or a remedial
20 program shall be limited to 2 years unless the individual
21 also is working or participating in a work activity approved
22 by the Illinois Department as defined by rule; this
23 requirement does not apply, however, to students enrolled in
24 high school.
25 (b) Job Skills Training (Vocational). Job Skills
26 Training is designed to increase the individual's ability to
27 obtain and maintain employment. Job Skills Training
28 activities will include vocational skill classes designed to
29 increase a participant's ability to obtain and maintain
30 employment. Job Skills Training may include certificate
31 programs.
32 (c) Job Readiness. The job readiness activity component
33 is designed to enhance the quality of the individual's level
34 of participation in the world of work while learning the
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1 necessary essentials to obtain and maintain employment. This
2 activity component helps individuals gain the necessary job
3 finding skills to help them find and retain employment that
4 will lead to economic independence.
5 (d) Job Search. Job Search may be conducted
6 individually or in groups. Job Search includes the provision
7 of counseling, job seeking skills training and information
8 dissemination. Group job search may include training in a
9 group session. Assignment exclusively to job search cannot be
10 in excess of 8 consecutive weeks (or its equivalent) in any
11 period of 12 consecutive months.
12 (e) Work Experience. Near job ready participants who do
13 not receive aid to families with dependent children --
14 unemployed, who have not found employment, and who need
15 orientation to work, work experience or training, in order to
16 prevent deterioration of or to enhance existing skills, may
17 be referred to the Work Experience component. Work
18 Experience assignments may be with private employers or
19 not-for-profit or public agencies in the State. The Illinois
20 Department shall provide workers' compensation coverage.
21 Participants who are not members of a 2-parent assistance
22 unit may not be assigned more hours than their cash grant
23 amount plus food stamps divided by the minimum wage. Private
24 employers and not-for-profit and public agencies shall not
25 use Work Experience participants to displace regular
26 employees. Participants in Work Experience may perform work
27 in the public interest (which otherwise meets the
28 requirements of this Section) for a federal office or agency
29 with its consent, and notwithstanding the provisions of 31
30 U.S.C. 1342, or any other provision of law, such agency may
31 accept such services, but participants shall not be
32 considered federal employees for any purpose. A participant
33 shall be reassessed at the end of assignment to Work
34 Experience. The participant may be reassigned to Work
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1 Experience or assigned to another activity component, based
2 on the reassessment. A participant shall not be assigned to
3 Work Experience for more than a total of 6 months in any 12
4 consecutive month period. This 6 month limitation does not
5 apply to parents in families eligible for assistance under
6 Article IV due to unemployment of the principal wage earner.
7 (f) On the Job Training. In On the Job Training, a
8 participant is hired by a private or public employer and
9 while engaged in productive work receives training that
10 provides knowledge or skills essential to full and adequate
11 performance of the job.
12 (g) Work Supplementation. In work supplementation, the
13 Department pays a wage subsidy to an employer who hires a
14 participant. The cash grant which a participant would receive
15 if not employed is diverted and the diverted cash grant is
16 used to pay the wage subsidy.
17 (h) Post Secondary Education. Individuals may be
18 referred to post secondary education programs. Post
19 secondary education must be administered by an educational
20 institution accredited under requirements of State law. The
21 Illinois Department may not approve an individual's
22 participation in any post-secondary education program, other
23 than full-time, short-term vocational training for a specific
24 job, unless the individual also is employed part-time, as
25 defined by the Illinois Department by rule.
26 (i) Self Initiated Education. Participants who are
27 attending an institution of higher education or a vocational
28 or technical program of their own choosing at the time they
29 enter the Project Chance program and who are in good
30 standing, may continue to attend and receive supportive
31 services only if the educational program is approved by the
32 Department, and is in conformity with the participant's
33 personal plan for achieving employment and self-sufficiency
34 and the participant is employed part-time, as defined by the
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1 Illinois Department by rule.
2 (j) Job Development and Placement. Department staff
3 shall develop through contacts with public and private
4 employers unsubsidized job openings for participants. Job
5 interviews will be secured for clients by the marketing of
6 participants for specific job openings. Job ready individuals
7 may be assigned to Job Development and Placement.
8 (k) Job Retention. The job retention component is
9 designed to assist participants in retaining employment.
10 Initial employment expenses and job retention services are
11 provided. The individual's support service needs are assessed
12 and the individual receives counseling regarding job
13 retention skills. Counseling may continue up to 3 months
14 after employment.
15 (l) (Blank). Unemployed Parents Work Experience.
16 Unemployed parents who receive aid to families with dependent
17 children -- unemployed may be required to participate in the
18 Unemployed Parents Work Experience component. Unemployed
19 Parents Work Experience assignments shall be for at least 16
20 hours per week with private employers and not-for-profit and
21 public agencies. Those employers and agencies may not use
22 Unemployed Parents Work Experience participants to displace
23 regular employees. Every Unemployed Parents Work Experience
24 participant shall be reassessed at least once in every
25 12-month period for participation in this component.
26 (m) A parent may be required to participate in a
27 pay-after-performance program in which the parent must work a
28 specified number of hours to earn the grant. The program
29 shall comply with provisions of this Code governing work
30 experience programs.
31 (Source: P.A. 88-124; 89-289, eff. 1-1-96.)
32 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
33 Sec. 9A-11. Child Care.
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1 (a) The General Assembly recognizes that families with
2 children need child care in order to work. Child care is
3 expensive and families with low incomes, including those who
4 are transitioning from welfare to work, often struggle to pay
5 the costs of day care. The General Assembly understands the
6 importance of helping low income working families become and
7 remain self-sufficient. The General Assembly also believes
8 that it is the responsibility of families to share in the
9 costs of child care. It is also the preference of the
10 General Assembly that all working poor families should be
11 treated equally, regardless of their welfare status.
12 Department shall guarantee child care:
13 (1) for each family with a dependent child
14 requiring such care, to the extent that such care is
15 determined by the Department to be necessary for an
16 individual in the family to accept employment or remain
17 employed, and to the extent resources permit; and
18 (2) for each individual participating in employment
19 and training activities, to the extent resources permit,
20 if the Department has approved the activity and has
21 determined that the individual is satisfactorily
22 participating in the activity.
23 (b) To the extent resources permit, the Illinois
24 Department shall provide child care services to parents or
25 other relatives as defined by rule who are working or
26 participating in employment or Department approved education
27 or training programs. At a minimum, the Illinois Department
28 shall cover the following categories of families:
29 (1) recipients of TANF under Article IV
30 participating in work and training activities as
31 specified in the personal plan for employment and
32 self-sufficiency;
33 (2) families transitioning form TANF to work;
34 (3) families at risk of becoming recipients of
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1 TANF;
2 (4) families with special needs as defined by rule;
3 and
4 (5) working families with very low incomes as
5 defined by rule.
6 The Department shall specify by rule the conditions of
7 eligibility, the application process, and the types, amounts,
8 and duration of services. Eligibility for child care
9 benefits and the amount of child care provided may vary based
10 on family size, income, and other factors as specified by
11 rule. In determining income eligibility for child care
12 benefits, the Department shall establish, by rule, one income
13 threshold for each family size, in relation to percentage of
14 State median income for a family of that size, that makes
15 families with incomes below the specified threshold eligible
16 for assistance and families with incomes above the specified
17 threshold ineligible for assistance. In determining
18 eligibility for assistance, the Department shall not give
19 preference to any category of recipients or give preference
20 to individuals based on their receipt of benefits under this
21 Code. It is the intent of the General Assembly that, for
22 fiscal year 1998, to the extent resources permit, the
23 Department shall establish an income eligibility threshold of
24 50% of the State median income. Notwithstanding the income
25 level at which families become eligible to receive child care
26 assistance, any family that is already receiving child care
27 assistance on the effective date of this amendatory Act of
28 1997 shall remain eligible for assistance for fiscal year
29 1998. Nothing in this Section shall be construed as
30 conferring entitlement status to eligible families. The
31 Illinois Department is authorized to lower income eligibility
32 ceilings, raise parent co-payments, create waiting lists, or
33 take such other actions during a fiscal year as are necessary
34 to ensure that child care benefits paid under this Article do
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1 not exceed the amounts appropriated for those child care
2 benefits. These changes may be accomplished by emergency
3 rule under Section 5-45 of the Illinois Administrative
4 Procedure Act, except that the limitation on the number of
5 emergency rules that may be adopted in a 24-month period
6 shall not apply. The Illinois Department may contract with
7 other State agencies or child care organizations for the
8 administration of child care services. Child care shall be
9 provided for a dependent child of a person receiving Aid to
10 Families with Dependent Children to allow such individual to
11 participate in an education or training program or related
12 activities. Eligibility shall also be extended to families
13 with children who meet the criteria of this Section who
14 would be dependent except for the receipt of benefits under
15 the Supplemental Security Income Program (Title XVI of the
16 Social Security Act, 42 U.S.C. 1381 et seq.) or the receipt
17 of foster care under Title IV-E of the Social Security Act
18 (42 U.S.C. 670 et seq.) and the caretaker relative is also a
19 member of a household receiving Aid to Families with
20 Dependent Children.
21 (c) Payment shall be made for child care that otherwise
22 meets the requirements of this Section and applicable
23 standards of State and local law and regulation, including
24 any requirements the Illinois Department promulgates by rule
25 in addition to the, but not limited to, licensure
26 requirements promulgated by the Department of Children and
27 Family Services and Fire Prevention and Safety requirements
28 promulgated by the Office of the State Fire Marshal and is
29 provided in any of the following:
30 (1) a child care center which is licensed or exempt
31 from licensure pursuant to Section 2.09 of the Child Care
32 Act of 1969;
33 (2) a licensed child care home or home exempt from
34 licensing;
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1 (3) a licensed group child care home;
2 (4) other types of child care, including child care
3 provided by relatives or persons living in the same home
4 as the child, as determined by the Illinois Department by
5 rule relatives and babysitters, provided, the relative is
6 not the mother or father of the child or in the same
7 assistance grant as the child and, provided, a
8 non-relative providing care in the child's home cannot be
9 in the same assistance grant as the child.
10 The provisions of this subsection are not applicable to
11 families using the child care disregard.
12 (d) The Illinois Department shall, by rule, require
13 co-payments for child care services by any parent, including
14 parents whose only income is from assistance under this Code.
15 The co-payment shall be assessed based on a sliding scale
16 based on family income, family size, and the number of
17 children in care will provide child care for an individual
18 receiving Aid to Families with Dependent Children who is
19 waiting to enter an approved education or training program,
20 component or employment for a period not to exceed 2 weeks or
21 for a period not to exceed one month where child care
22 arrangements would otherwise be lost and the subsequent
23 activity is scheduled to begin within that period.
24 (e) The Illinois Department shall conduct a market rate
25 survey based on the cost of care and other relevant factors
26 which shall be completed by July 1, 1998 Rates of payment for
27 child care will be made in amounts not to exceed the maximum
28 rates per child as established by the Department of Children
29 and Family Services.
30 (f) The Illinois Department shall, by rule, set rates to
31 be paid for the various types of child care. Child care may
32 be provided through one of the following methods:
33 (1) arranging the child care through eligible
34 providers by use of purchase of service contracts or
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1 vouchers;
2 (2) arranging with other agencies and community
3 volunteer groups for non-reimbursed child care;
4 (3) (blank) using the child care disregard; or
5 (4) adopting such other arrangements as the
6 Department determines appropriate which facilitate
7 service delivery and do not disadvantage the family
8 receiving the service.
9 (g) Families eligible for assistance under this Section
10 shall be given the following options:
11 (1) receiving a child care certificate issued by
12 the Department or a subcontractor of the Department that
13 may be used by the parents as payment for child care and
14 development services only; or
15 (2) if space is available, enrolling the child with
16 a child care provider that has a purchase of service
17 contract with the Department or a subcontractor of the
18 Department for the provision of child care and
19 development services. The Department may identify
20 particular priority populations for whom they may request
21 special consideration by a provider with purchase of
22 service contracts, provided that the providers shall be
23 permitted to maintain a balance of clients in terms of
24 household incomes and families and children with special
25 needs, as defined by rule.
26 (Source: P.A. 86-1381; 87-860.)
27 (305 ILCS 5/9A-13 new)
28 Sec. 9A-13. Work activity; anti-displacement provisions.
29 (a) As used in this Section "work activity" means any
30 workfare, earnfare, pay-after-performance,
31 work-off-the-grant, work experience, or other activity under
32 Sections 9A-9, 9A-12, or any other Section of this Code in
33 which a recipient of public assistance performs work for any
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1 employer as a condition of receiving the public assistance,
2 and the employer does not pay wages for the work; or as any
3 grant diversion, wage supplementation, or similar program in
4 which the public assistance grant is provided to the employer
5 as a subsidy for the wages of any recipient in its workforce.
6 (b) An employer may not utilize a work activity
7 participant if such utilization would result in:
8 (1) the displacement or partial displacement of
9 current employees, including but not limited to a
10 reduction in hours of non-overtime or overtime work,
11 wages, or employment benefits; or
12 (2) the filling of a position that would otherwise
13 be a promotional opportunity for current employees; or
14 (3) the filling of a position created by or causing
15 termination, layoff, a hiring freeze, or a reduction in
16 the workforce; or
17 (4) the placement of a participant in any
18 established unfilled vacancy; or
19 (5) the performance of work by a participant if
20 there is a strike, lockout, or other labor dispute in
21 which the employer is engaged.
22 (c) An employer who wishes to utilize work activity
23 participants shall, at least 15 days prior to utilizing such
24 participants, notify the labor organization of the name, work
25 location, and the duties to be performed by the participant.
26 (d) The Department of Human Services shall establish a
27 grievance procedure for employees and labor organizations to
28 utilize in the event of any alleged violation of this
29 Section. Notwithstanding the above, a labor organization may
30 utilize the established grievance or arbitration procedure in
31 its collective bargaining agreement to contest violations of
32 this Section.
33 (305 ILCS 5/11-6) (from Ch. 23, par. 11-6)
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1 Sec. 11-6. Decisions on applications. Within 10 days
2 after a decision is reached on an application, the applicant
3 shall be notified in writing of the decision. The Department
4 shall consider eligibility for, and the notice shall contain
5 a decision on, each of the following assistance programs for
6 which the client may be eligible based on the information
7 contained in the application: Temporary Assistance to Needy
8 Families Aid to Families with Dependent Children, Medical
9 Assistance, Aid to the Aged, Blind and Disabled, General
10 Assistance (in the City of Chicago), Aid to the Medically
11 Indigent and food stamps. No decision shall be required for
12 any assistance program for which the applicant has expressly
13 declined in writing to apply. If the applicant is determined
14 to be eligible, the notice shall include a statement of the
15 amount of financial aid to be provided and a statement of the
16 reasons for any partial grant amounts. If the applicant is
17 determined ineligible for any public assistance the notice
18 shall include the reason why the applicant is ineligible. If
19 the application for any public assistance is denied, the
20 notice shall include a statement defining the applicant's
21 right to appeal the decision. The Illinois Department, by
22 rule, shall determine the date on which assistance shall
23 begin for applicants determined eligible. That date may be
24 no later than 30 days after the date of the application.
25 Under no circumstances may any application be denied
26 solely to meet an application-processing deadline.
27 (Source: P.A. 85-943.)
28 (305 ILCS 5/11-6.2)
29 Sec. 11-6.2. Electronic fingerprinting.
30 (a) The Illinois Department shall implement a
31 demonstration project to determine the cost-effectiveness of
32 preventing multiple enrollments of aid recipients through the
33 use of an electronic automated 2-digit fingerprint matching
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1 identification system in local offices. The demonstration
2 project shall be implemented in one or more local offices in
3 each of 3 counties as follows:
4 (1) A county having a population of 3,000,000 or
5 more.
6 (2) A county contiguous to a county having a
7 population of 3,000,000 or more.
8 (3) A county having a population less than
9 3,000,000 that is not described in item (2).
10 The Illinois Department shall apply for any federal
11 waivers or approvals necessary to conduct this demonstration
12 project. The demonstration project shall become operational
13 (i) 12 months after the effective date of this amendatory Act
14 of 1994 or (ii) after the Illinois Department's receipt of
15 all necessary federal waivers and approvals, whichever occurs
16 later, and shall operate for 36 12 months.
17 (b) The fingerprints or their electronic representations
18 collected and maintained through the use of an automated
19 fingerprint matching identification system as authorized by
20 this Section may not be used, disclosed, or redisclosed for
21 any purpose other than the prevention of multiple enrollments
22 of aid recipients, may not be used or admitted in any
23 criminal or civil investigation, prosecution, or proceeding,
24 other than a proceeding pursuant to Article VIII-A, and may
25 not be disclosed in response to a subpoena or other
26 compulsory legal process or warrant or upon the request or
27 order of any agency, authority, division, office, or other
28 private or public entity or person, except that nothing
29 contained in this subsection prohibits disclosure in response
30 to a subpoena issued by or on behalf of the applicant or
31 recipient who is the subject of the record maintained as a
32 part of the system. A person who knowingly makes or obtains
33 any unauthorized disclosure of data collected and maintained
34 under this Section through the use of an automated
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1 fingerprint matching identification system is guilty of a
2 Class A misdemeanor. Data collected and maintained on the
3 automated fingerprint matching identification system shall be
4 subject to the provisions of this Code relating to
5 unauthorized disclosure of confidential client information.
6 (c) The Illinois Department shall develop a competitive
7 request for a proposal for an automated 2-digit fingerprint
8 matching identification system and shall thereafter contract
9 for the services of a firm able to design and implement an
10 automated 2-digit fingerprint matching identification system.
11 The system shall include the use of a photographic
12 identification for every aid recipient. Before the award of a
13 contract, the Illinois Department shall certify that the
14 design of the demonstration project fulfills all the
15 requirements of this Section. After the contract is awarded,
16 the Illinois Department shall insure that the demonstration
17 project is carried out in accordance with the requirements of
18 this Section and that adequate training for county department
19 staff involved with the project will be provided and shall
20 take any actions necessary to bring the demonstration project
21 into compliance with this Section. The contractual
22 arrangement shall ensure that State payments for the
23 contractor's necessary and legitimate expenses for
24 administering the demonstration project are limited to
25 amounts specified in advance and that those amounts do not
26 exceed the amounts appropriated for that purpose.
27 (d) Before the demonstration project becomes
28 operational, the Illinois Department shall give written
29 notice of the provisions of this Section to applicants for
30 and recipients of aid served by the local offices selected
31 for the demonstration project. The notice shall state that,
32 by applying or maintaining eligibility for any assistance
33 program, applicants and recipients must submit to the
34 electronic collection of their fingerprints as an additional
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1 method of establishing eligibility. Applicants for and
2 recipients of aid who fail to submit to electronic
3 fingerprinting shall be declared ineligible for assistance as
4 permitted by federal waiver. An applicant for aid whose
5 application is denied, or a recipient of aid whose case is
6 cancelled, in any demonstration location after the
7 demonstration project begins but before the applicant or
8 recipient has submitted to electronic fingerprinting may be
9 required to submit to electronic fingerprinting before
10 re-establishing eligibility for assistance in any other
11 office.
12 (e) This Section does not authorize or permit the
13 termination, suspension, or diminution of aid except as
14 elsewhere specifically authorized in this Code. If the basis
15 of a proposed sanction is a determination of a fraudulent
16 multiple enrollment based on the use of an automated
17 fingerprint matching identification system authorized
18 pursuant to this Section, the sanction may not be imposed
19 unless the county department has verified the results of the
20 automated fingerprint matching identification system by means
21 of a manual match conducted by a person who is qualified to
22 perform fingerprint identifications.
23 (f) The Illinois Department shall conduct periodic
24 audits to monitor compliance with all laws and regulations
25 regarding the automated fingerprint matching identification
26 system to insure that: (i) any records maintained as part
27 of the system are accurate and complete; (ii) effective
28 software and hardware designs have been instituted with
29 security features to prevent unauthorized access to records;
30 (iii) access to record information system facilities, systems
31 operating environments, and data file contents, whether while
32 in use or when stored in a media library, is restricted to
33 authorized personnel; (iv) operational programs are used that
34 will prohibit inquiry, record updates, or destruction of
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1 records from any terminal other than automated fingerprint
2 matching identification system terminals that are so
3 designated; (v) operational programs are used to detect and
4 store for the output of designated Illinois Department and
5 county department employees all unauthorized attempts to
6 penetrate any electronic automated fingerprint matching
7 identification system, program, or file; and (vi) adequate
8 and timely procedures exist to insure the recipient's or
9 applicant's right to access and review of records for the
10 purpose of accuracy and completeness, including procedures
11 for review of information maintained about those individuals
12 and for administrative review (including procedures for
13 administrative appeal) and necessary correction of any claim
14 by the individual to whom the information relates that the
15 information is inaccurate or incomplete.
16 (g) On or before December 1, 1997, the Illinois
17 Department shall report to the Governor and the General
18 Assembly concerning the operation of the demonstration
19 project. The report shall include an analysis of the
20 cost-effectiveness of the demonstration project, information
21 concerning instances of multiple enrollments detected through
22 use of the electronic automated fingerprint matching
23 identification system, and a detailed summary of the results
24 of audits required by subsection (f). The report shall
25 include recommendations regarding whether the program should
26 be discontinued, expanded, or otherwise modified.
27 (h) The Illinois Department shall apply for all waivers
28 of federal law and regulations necessary to conduct the
29 demonstration project under this Section.
30 (i) The Illinois Department may establish a retinal eye
31 identification system instead of an electronic fingerprinting
32 system in one of the sites described in subsection (a). Any
33 retinal eye identification system must comply with the
34 requirements of subsections (a) through (h) as they apply to
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1 retinal eye identification.
2 (Source: P.A. 88-554, eff. 7-26-94.)
3 (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
4 Sec. 11-8. Appeals - To Whom taken. Applicants or
5 recipients of aid may, at any time within 60 days after the
6 decision of the County Department or local governmental unit,
7 as the case may be, appeal a decision denying or terminating
8 aid, or granting aid in an amount which is deemed inadequate,
9 or changing, cancelling, revoking or suspending grants as
10 provided in Section 11-16, or determining to make a
11 protective payment under the provisions of Sections 3-5a or
12 4-9, or a decision by an administrative review board to
13 impose administrative safeguards as provided in Section 8A-8.
14 An appeal shall also lie when an application is not acted
15 upon within the 30 days after the filing of the application,
16 or within a different time period after filing of the
17 application as provided by rule of the Illinois Department,
18 if an adjustment is necessary to conform with Federal
19 requirements.
20 If an appeal is not made, the action of the County
21 Department or local governmental unit shall be final.
22 Appeals by applicants or recipients under Articles III,
23 IV, V or VII shall be taken to the Illinois Department.
24 Appeals by applicants or recipients under Article VI
25 shall be taken as follows:
26 (1) In counties under township organization (except
27 such counties in which the governing authority is a Board
28 of Commissioners) appeals shall be to a Public Aid
29 Committee consisting of the Chairman of the County Board,
30 and 4 members who are township supervisors of general
31 assistance, appointed by the Chairman, with the advice
32 and consent of the county board.
33 (2) In counties in excess of 3,000,000 population
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1 and under township organization in which the governing
2 authority is a Board of Commissioners, appeals of persons
3 from government units outside the corporate limits of a
4 city, village or incorporated town of more than 500,000
5 population, and of persons from incorporated towns which
6 have superseded civil townships in respect to aid under
7 Article VI, shall be to a Public Aid Committee consisting
8 of 2 supervisors and 3 persons knowledgeable in the area
9 of General Assistance and the regulations of the Illinois
10 Department pertaining thereto and who are not officers,
11 agents or employees of any township. The 5 member
12 committee shall be appointed by the township supervisors.
13 The first appointments shall be made with one person
14 serving a one year term, 2 persons serving a 2 year term,
15 and 2 persons serving a 3 year term. Committee members
16 shall thereafter serve 3 year terms. In any appeal
17 involving a local governmental unit whose supervisor of
18 general assistance is a member of the Committee, such
19 supervisor shall not act as a member of the Committee for
20 the purposes of such appeal.
21 (3) In counties described in paragraph (2) appeals
22 of persons from a city, village or incorporated town of
23 more than 500,000 population shall be to a Commissioner
24 of Appeals, appointed as an employee of the County
25 Department of Public Aid in accordance with and subject
26 to the provisions of Section 12-21.3.
27 (4) In counties not under township organization,
28 appeals shall be to the County Board of Commissioners
29 which shall for this purpose be the Public Aid Committee
30 of the County.
31 In counties designated in paragraph (1) the Chairman or
32 President of the County Board shall appoint, with the advice
33 and consent of the county board, one or more alternate
34 members of the Public Aid Committee. All regular and
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1 alternate members shall be Supervisors of General Assistance.
2 In any appeal involving a local governmental unit whose
3 Supervisor of General Assistance is a member of the
4 Committee, he shall be replaced for that appeal by an
5 alternate member designated by the Chairman or President of
6 the County Board, with the advice and consent of the county
7 board. In these counties not more than 3 of the 5 regular
8 appointees shall be members of the same political party
9 unless the political composition of the Supervisors of the
10 General Assistance precludes such a limitation. In these
11 counties at least one member of the Public Aid Committee
12 shall be a person knowledgeable in the area of general
13 assistance and the regulations of the Illinois Department
14 pertaining thereto. If no member of the Committee possesses
15 such knowledge, the Illinois Department shall designate an
16 employee of the Illinois Department having such knowledge to
17 be present at the Committee hearings to advise the Committee.
18 In every county the County Board shall provide facilities
19 for the conduct of hearings on appeals under Article VI. All
20 expenses incident to such hearings shall be borne by the
21 county except that in counties under township organization in
22 which the governing authority is a Board of Commissioners (1)
23 the salary and other expenses of the Commissioner of Appeals
24 shall be paid from General Assistance funds available for
25 administrative purposes, and (2) all expenses incident to
26 such hearings shall be borne by the township and the per diem
27 and traveling expenses of the township supervisors serving on
28 the Public Aid Committee shall be fixed and paid by their
29 respective townships. In all other counties the members of
30 the Public Aid Committee shall receive the compensation and
31 expenses provided by law for attendance at meetings of the
32 County Board.
33 In appeals under Article VI involving a governmental unit
34 receiving State funds, the Public Aid Committee and the
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1 Commissioner of Appeals shall be bound by the rules and
2 regulations of the Illinois Department which are relevant to
3 the issues on appeal, and shall file such reports concerning
4 appeals as the Illinois Department requests.
5 An appeal shall be without cost to the appellant and
6 shall be made, at the option of the appellant, either upon
7 forms provided and prescribed by the Illinois Department or,
8 for appeals to a Public Aid Committee, upon forms prescribed
9 by the County Board; or an appeal may be made by calling a
10 toll-free number provided for that purpose by the Illinois
11 Department and providing the necessary information. The
12 Illinois Department may assist County Boards or a
13 Commissioner of Appeals in the preparation of appeal forms,
14 or upon request of a County Board or Commissioner of Appeals
15 may furnish such forms. County Departments and local
16 governmental units shall render all possible aid to persons
17 desiring to make an appeal. The provisions of Sections 11-8.1
18 to 11-8.7, inclusive, shall apply to all such appeals.
19 (Source: P.A. 87-630.)
20 (305 ILCS 5/11-8.6) (from Ch. 23, par. 11-8.6)
21 Sec. 11-8.6. Decision-Time and effect.
22 A decision on appeal shall be given to the interested
23 parties within 90 60 days from the date of the filing of the
24 appeal, unless additional time is required for a proper
25 disposition of the appeal. All decisions on appeals shall be
26 binding upon and complied with by the County Departments and
27 local governmental units.
28 (Source: Laws 1967, p. 2302.)
29 (305 ILCS 5/11-16) (from Ch. 23, par. 11-16)
30 Sec. 11-16. Changes in grants; cancellations,
31 revocations, suspensions. All grants of financial aid under
32 this Code shall be considered as frequently as may be
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1 required by the rules of the Illinois Department. After such
2 investigation as may be necessary, the amount and manner of
3 giving aid may be changed or the aid may be entirely
4 withdrawn if the County Department, local governmental unit,
5 or Illinois Department finds that the recipient's
6 circumstances have altered sufficiently to warrant such
7 action. Financial aid may at any time be canceled or revoked
8 for cause or suspended for such period as may be proper.
9 (b) Whenever any such grant of financial aid is
10 cancelled, revoked, reduced, or terminated because of the
11 failure of the recipient to cooperate with the Department,
12 including but not limited to the failure to keep an
13 appointment, attend a meeting, or produce proof or
14 verification of eligibility or need, the grant shall be
15 reinstated in full, retroactive to the date of the change in
16 or termination of the grant, provided that within 10 working
17 days after the first day the financial aid would have been
18 available, the recipient cooperates with the Department and
19 is not otherwise ineligible for benefits for the period in
20 question. This subsection (b) does not apply to sanctions
21 imposed for the failure of any recipient to participate as
22 required in the child support enforcement program or in any
23 educational, training, or employment program under this Code
24 or any other sanction under Section 4-21, nor does this
25 subsection (b) apply to any cancellation, revocation,
26 reduction, termination, or sanction imposed for the failure
27 of any recipient to cooperate in the monthly reporting
28 process or the quarterly reporting process.
29 (Source: P.A. 87-860; 87-1273; 88-554, eff. 7-26-94.)
30 (305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
31 Sec. 11-20. Employment Registration - Persons "Able to
32 Engage in Employment" - Duty to Accept Employment -
33 Conditions Under Which Employment May Be Refused -
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1 Exemptions). This Section applies to employment and training
2 programs other than those for recipients of assistance under
3 Article IV.
4 (1) Each applicant or recipient and dependent member of
5 the family age 16 or over who is able to engage in employment
6 and who is unemployed, or employed for less than the full
7 working time for the occupation in which he or she is
8 engaged, shall maintain a current registration for employment
9 or additional employment with the system of free public
10 employment offices maintained in this State by the State
11 Department of Employment Security under "An Act relating to
12 employment offices and agencies", approved May 11, 1903, as
13 amended, and shall utilize the job placement services and
14 other facilities of such offices unless the Illinois
15 Department otherwise provides by rule for programs
16 administered by the Illinois Department.
17 (2) Every person age 16 or over shall be deemed "able to
18 engage in employment", as that term is used herein, unless
19 (a) the person has an illness certified by the attending
20 practitioner as precluding his or her engagement in
21 employment of any type for a time period stated in the
22 practitioner's certification; or (b) the person has a
23 medically determinable physical or mental impairment, disease
24 or loss of indefinite duration and of such severity that he
25 or she cannot perform labor or services in any type of
26 gainful work which exists in the national economy, including
27 work adjusted for persons with physical or mental handicap;
28 or (c) the person is among the classes of persons exempted by
29 paragraph 5 of this Section. A person described in clauses
30 (a), (b) or (c) of the preceding sentence shall be classified
31 as "temporarily unemployable". The Illinois Department shall
32 provide by rule for periodic review of the circumstances of
33 persons classified as "temporarily unemployable".
34 (3) The Illinois Department shall provide through rules
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1 and regulations for sanctions against applicants and
2 recipients of aid under this Code who fail or refuse to
3 cooperate, without good cause, as defined by rule of the
4 Illinois Department, to accept a bona fide offer of
5 employment in which he or she is able to engage either in the
6 community of the person's residence or within reasonable
7 commuting distance therefrom.
8 Individuals receiving aid under Article IV of this Code
9 who fail to cooperate with the regulations and requirements
10 established pursuant to this Section, may lose their
11 eligibility to receive aid under Article IV of this Code for
12 up to 3 months for the first occurrence and for up to 6
13 months for the second and subsequent occurrences. If the
14 sanctioned individual is not the principal earner as defined
15 by Federal law in an assistance unit receiving aid under
16 Article IV of this Code, only that individual is ineligible
17 for public assistance during the sanction period. If the
18 sanctioned individual is the principal earner in an
19 assistance unit receiving aid under Article IV of this Code,
20 the entire assistance unit is ineligible for public
21 assistance during the sanction period.
22 The Illinois Department may provide by rule for the grant
23 or continuation of aid for a temporary period, if federal law
24 or regulation so permits or requires, to a person who refuses
25 employment without good cause if he or she accepts counseling
26 or other services designed to increase motivation and
27 incentives for accepting employment.
28 (4) Without limiting other criteria which the Illinois
29 Department may establish, it shall be good cause of refusal
30 if
31 (a) the wage does not meet applicable minimum wage
32 requirements, or
33 (b) there being no applicable minimum wage as determined
34 in (a), the wage is certified by the Illinois Department of
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1 Labor as being less than that which is appropriate for the
2 work to be performed.
3 (c) acceptance of the offer involves a substantial
4 threat to the health or safety of the person or any of his or
5 her dependents.
6 (5) The requirements of registration and acceptance of
7 employment shall not apply (a) to a parent or other person
8 needed at home to provide personal care and supervision to a
9 child or children unless, in accordance with the rules and
10 regulations of the Illinois Department, suitable arrangements
11 have or can be made for such care and supervision during the
12 hours of the day the parent or other person is out of the
13 home because of employment; (b) to a person age 16 or over in
14 regular attendance in school, as defined in Section 4-1.1; or
15 (c) to a person whose presence in the home on a substantially
16 continuous basis is required because of the illness or
17 incapacity of another member of the household.
18 The Illinois Department may implement a demonstration
19 project limited to one county of less than 3 million
20 population that would require registration for and acceptance
21 of employment by parents or another person needed at home to
22 provide personal care and supervision to a child or children
23 age 3 and over, as allowed by federal law and subject to
24 rules and regulations of the Illinois Department, provided
25 suitable arrangements have been or can be made for such care
26 and supervision during the hours of the day the parents or
27 other person are out of the home because of employment. Such
28 suitable arrangements must meet standards and requirements
29 established under the Child Care Act of 1969, as now or
30 hereafter amended. Such requirements shall not apply to
31 parents or another caretaker with a child or children at home
32 under the age of 3.
33 (Source: P.A. 85-1156.)
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1 (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 12-4.4. Administration of federally-aided programs.
4 Direct County Departments of Public Aid in the administration
5 of the federally funded food stamp program, programs to aid
6 refugees and Articles III, IV, V and VII of this Code. The
7 Illinois Department may also, upon its own motion, review any
8 decision made by a County Department and consider any
9 application upon which a decision has not been made by the
10 County Department within 30 days. It may require a County
11 Department to transmit its files and all papers and documents
12 pertaining to any applicant or recipient.
13 Beginning July 1, 1992, or upon approval by the Food and
14 Nutrition Service of the United States Department of
15 Agriculture, the Illinois Department shall operate a Food
16 Stamp Employment and Training (FSE&T) program in compliance
17 with federal law. The FSE&T program will have an Earnfare
18 component. The Earnfare component shall be available in
19 selected geographic areas based on criteria established by
20 the Illinois Department by rule. Participants in Earnfare
21 will, to the extent resources allow, earn their assistance.
22 Participation in the Earnfare program is voluntary, except
23 when ordered by a court of competent jurisdiction.
24 Eligibility for Earnfare shall be limited to only 6 months
25 out of any 12 consecutive month period. Clients are not
26 entitled to be placed in an Earnfare slot. Earnfare slots
27 shall be made available only as resources permit. Earnfare
28 shall be available to persons receiving food stamps who meet
29 eligibility criteria established by the Illinois Department
30 by rule. Receipt of food stamps is not an eligibility
31 requirement of Earnfare when a court of competent
32 jurisdiction orders an individual to participate in the
33 Earnfare Program. To the extent resources permit, the
34 Earnfare program will allow participants to engage in
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1 work-related activities to earn monthly financial assistance
2 payments and to improve participants' employability in order
3 for them to succeed in obtaining employment. The Illinois
4 Department may enter into contracts with other public
5 agencies including State agencies, with local governmental
6 units, and with not-for-profit community based organizations
7 to carry out the elements of the Program that the Department
8 deems appropriate.
9 The Earnfare Program shall contain the following
10 elements:
11 (1) To the extent resources allow and slots exist,
12 the Illinois Department shall refer recipients of food
13 stamp assistance who meet eligibility criteria, as
14 established by rule. Receipt of food stamps is not an
15 eligibility requirement of Earnfare when a court of
16 competent jurisdiction orders an individual to
17 participate in the Earnfare Program.
18 (2) Persons participating in Earnfare shall engage
19 in employment assigned activities equal to the amount of
20 the food stamp benefits divided by the federal minimum
21 wage and subsequently shall earn minimum wage assistance
22 for each additional hour of performance in Earnfare
23 activity. Earnfare participants shall be offered the
24 opportunity to earn up to $154. The Department may
25 establish a higher amount by rule provided resources
26 permit. If a court of competent jurisdiction orders an
27 individual to participate in the Earnfare program, hours
28 engaged in employment assigned activities shall first be
29 applied for a $50 payment made to the custodial parent as
30 a support obligation. If the individual receives food
31 stamps, the individual shall engage in employment
32 assigned activities equal to the amount of the food stamp
33 benefits divided by the federal minimum wage and
34 subsequently shall earn minimum wage assistance for each
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1 additional hour of performance in Earnfare activity.
2 (3) To the extent appropriate slots are available,
3 the Illinois Department shall assign Earnfare
4 participants to Earnfare activities based on an
5 assessment of the person's age, literacy, education,
6 educational achievement, job training, work experience,
7 and recent institutionalization, whenever these factors
8 are known to the Department or to the contractor and are
9 relevant to the individual's success in carrying out the
10 assigned activities and in ultimately obtaining
11 employment.
12 (4) The Department shall consider the participant's
13 preferences and personal employment goals in making
14 assignments to the extent administratively possible and
15 to the extent that resources allow.
16 (5) The Department may enter into cooperative
17 agreements with local governmental units (which may, in
18 turn, enter into agreements with not-for-profit community
19 based organizations): with other public, including State,
20 agencies; directly with not-for-profit community based
21 organizations, and with private employers to create
22 Earnfare activities for program participants.
23 (6) To the extent resources permit, the Department
24 shall provide the Earnfare participants with the costs of
25 transportation in looking for work and in getting to and
26 from the assigned Earnfare job site and initial expenses
27 of employment.
28 (7) All income and asset limitations of the Federal
29 Food Stamp Program will govern continued Earnfare
30 participation, except that court ordered participants
31 shall participate for 6 months unless the court orders
32 otherwise.
33 (8) Earnfare participants shall not displace or
34 substitute for regular, full time or part time employees,
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1 regardless of whether or not the employee is currently
2 working, on a leave of absence or in a position or
3 similar position where a layoff has taken place or the
4 employer has terminated the employment of any regular
5 employee or otherwise reduced its workforce with the
6 effect of filling the vacancy so created with a
7 participant subsidized under this program, or is or has
8 been involved in a labor dispute between a labor
9 organization and the sponsor.
10 (9) Persons who fail to cooperate with the FSE&T
11 program shall become ineligible for food stamp assistance
12 according to Food Stamp regulations, and for Earnfare
13 participation. Failure to participate in Earnfare for
14 all of the hours assigned is not a failure to cooperate
15 unless so established by the employer pursuant to
16 Department rules. If a person who is ordered by a court
17 of competent jurisdiction to participate in the Earnfare
18 Program fails to cooperate with the Program, the person
19 shall be referred to the court for failure to comply with
20 the court order.
21 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95.)
22 (Text of Section after 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 of Human Services may also, upon its own
28 motion, review any decision made by a County Department and
29 consider any application upon which a decision has not been
30 made by the County Department within 30 days. It may require
31 a County Department to transmit its files and all papers and
32 documents pertaining to any applicant or recipient.
33 Beginning July 1, 1992, or upon approval by the Food and
34 Nutrition Service of the United States Department of
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1 Agriculture, the Illinois Department of Human Services shall
2 operate a Food Stamp Employment and Training (FSE&T) program
3 in compliance with federal law. The FSE&T program will have
4 an Earnfare component. The Earnfare component shall be
5 available in selected geographic areas based on criteria
6 established by the Illinois Department of Human Services by
7 rule. Participants in Earnfare will, to the extent resources
8 allow, earn their assistance. Participation in the Earnfare
9 program is voluntary, except when ordered by a court of
10 competent jurisdiction. Eligibility for Earnfare may shall
11 be limited to only 6 months out of any 12 consecutive month
12 period. Clients are not entitled to be placed in an Earnfare
13 slot. Earnfare slots shall be made available only as
14 resources permit. Earnfare shall be available to persons
15 receiving food stamps who meet eligibility criteria
16 established by the Illinois Department of Human Services by
17 rule. The Illinois Department may, by rule, extend the
18 Earnfare Program to clients who do not receive food stamps.
19 Receipt of food stamps is not an eligibility requirement of
20 Earnfare when a court of competent jurisdiction orders an
21 individual to participate in the Earnfare Program. To the
22 extent resources permit, the Earnfare program will allow
23 participants to engage in work-related activities to earn
24 monthly financial assistance payments and to improve
25 participants' employability in order for them to succeed in
26 obtaining employment. The Illinois Department of Human
27 Services may enter into contracts with other public agencies
28 including State agencies, with local governmental units, and
29 with not-for-profit community based organizations to carry
30 out the elements of the Program that the Department of Human
31 Services deems appropriate.
32 The Earnfare Program shall contain the following
33 elements:
34 (1) To the extent resources allow and slots exist,
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1 the Illinois Department of Human Services shall refer
2 recipients of food stamp assistance who meet eligibility
3 criteria, as established by rule. Receipt of food stamps
4 is not an eligibility requirement of Earnfare when a
5 court of competent jurisdiction orders an individual to
6 participate in the Earnfare Program.
7 (2) Persons participating in Earnfare shall engage
8 in employment assigned activities equal to the amount of
9 the food stamp benefits divided by the federal minimum
10 wage and subsequently shall earn minimum wage assistance
11 for each additional hour of performance in Earnfare
12 activity. Earnfare participants shall be offered the
13 opportunity to earn up to $154. The Department of Human
14 Services may establish a higher amount by rule provided
15 resources permit. If a court of competent jurisdiction
16 orders an individual to participate in the Earnfare
17 program, hours engaged in employment assigned activities
18 shall first be applied for a $50 payment made to the
19 custodial parent as a support obligation. If the
20 individual receives food stamps, the individual shall
21 engage in employment assigned activities equal to the
22 amount of the food stamp benefits divided by the federal
23 minimum wage and subsequently shall earn minimum wage
24 assistance for each additional hour of performance in
25 Earnfare activity.
26 (3) To the extent appropriate slots are available,
27 the Illinois Department of Human Services shall assign
28 Earnfare participants to Earnfare activities based on an
29 assessment of the person's age, literacy, education,
30 educational achievement, job training, work experience,
31 and recent institutionalization, whenever these factors
32 are known to the Department of Human Services or to the
33 contractor and are relevant to the individual's success
34 in carrying out the assigned activities and in ultimately
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1 obtaining employment.
2 (4) The Department of Human Services shall consider
3 the participant's preferences and personal employment
4 goals in making assignments to the extent
5 administratively possible and to the extent that
6 resources allow.
7 (5) The Department of Human Services may enter into
8 cooperative agreements with local governmental units
9 (which may, in turn, enter into agreements with
10 not-for-profit community based organizations): with other
11 public, including State, agencies; directly with
12 not-for-profit community based organizations, and with
13 private employers to create Earnfare activities for
14 program participants.
15 (6) To the extent resources permit, the Department
16 of Human Services shall provide the Earnfare participants
17 with the costs of transportation in looking for work and
18 in getting to and from the assigned Earnfare job site and
19 initial expenses of employment.
20 (7) All income and asset limitations of the Federal
21 Food Stamp Program will govern continued Earnfare
22 participation, except that court ordered participants
23 shall participate for 6 months unless the court orders
24 otherwise.
25 (8) Earnfare participants shall not displace or
26 substitute for regular, full time or part time employees,
27 regardless of whether or not the employee is currently
28 working, on a leave of absence or in a position or
29 similar position where a layoff has taken place or the
30 employer has terminated the employment of any regular
31 employee or otherwise reduced its workforce with the
32 effect of filling the vacancy so created with a
33 participant subsidized under this program, or is or has
34 been involved in a labor dispute between a labor
-74- LRB9001426DJcdam
1 organization and the sponsor.
2 (9) Persons who fail to cooperate with the FSE&T
3 program shall become ineligible for food stamp assistance
4 according to Food Stamp regulations, and for Earnfare
5 participation. Failure to participate in Earnfare for
6 all of the hours assigned is not a failure to cooperate
7 unless so established by the employer pursuant to
8 Department of Human Services rules. If a person who is
9 ordered by a court of competent jurisdiction to
10 participate in the Earnfare Program fails to cooperate
11 with the Program, the person shall be referred to the
12 court for failure to comply with the court order.
13 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95; 89-507,
14 eff. 7-1-97.)
15 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
16 (Text of Section before amendment by P.A. 89-507)
17 Sec. 12-4.11. Standards of assistance; content;
18 limitations; grant amounts. Establish specific standards, by
19 rule, by which grant amounts and need for public aid will be
20 determined and amend the standards from time to time as
21 circumstances may require.
22 The standards shall provide a livelihood compatible with
23 health and well-being for persons eligible for financial aid
24 under any Article of this Code. They shall include
25 recognition of any special needs occasioned by the handicaps
26 and infirmities of age, blindness, or disability. They shall
27 include recognition of the special clothing needs of school
28 age children occasioned by cold weather conditions during the
29 winter season. Standards established to determine the
30 eligibility of medically indigent persons for aid under
31 Articles V or VII shall take into account the requirements of
32 the spouse or other dependent or dependents of the applicant
33 for medical aid.
-75- LRB9001426DJcdam
1 The quantity and quality of the items included in the
2 standards established for food, clothing, and other basic
3 maintenance needs shall take account of the buying and
4 consumption patterns of self-supporting persons and families
5 of low income, as determined from time to time by the United
6 States Department of Agriculture, the United States Bureau of
7 Labor Statistics, and other nationally recognized research
8 authorities in the fields of nutrition and family living.
9 The items in the standards shall be priced annually for
10 changes in cost, as provided in Section 12-4.15, and prices
11 of the standards adjusted as indicated by the findings of
12 these surveys. The Department, with due regard for and
13 subject to budgetary limitations, shall establish grant
14 amounts for each of the programs, by regulation. The grant
15 amounts may be less than the prices of the standards and may
16 vary by program, size of assistance unit and geographic area
17 and may be established in the form of a percentage of the
18 standards for any or all programs. Beginning July 1, 1991,
19 the annual appropriations law of the Illinois Department of
20 Public Aid shall, in respect to Articles IV and VI, specify
21 the percentage of the current Standard of Need, that the
22 current fiscal year appropriation is intended to cover as of
23 the beginning of that fiscal year. Nothing in the preceding
24 sentence shall be construed to require any grant increase at
25 any time during the remainder of that fiscal year.
26 In recognition of the inability of low income households
27 to afford the rising costs of energy, payments made by the
28 Department under Articles IV and VI shall include an amount
29 of money to offset, in whole or in part, the costs of energy
30 associated with seasonal variations. The Department may by
31 rule establish the amount of such energy payments which may
32 vary in accordance with the size of the assistance unit. The
33 Department for reasons of administrative simplicity may
34 provide the amounts in equal monthly payments.
-76- LRB9001426DJcdam
1 During the first month that the Department pays grants
2 which include amounts authorized in the preceding paragraph,
3 the grant amounts for all sized assistance units within each
4 program the Department administers under Article IV of this
5 Code and for assistance units of more than one person under
6 Article VI of this Code shall be adjusted to approach more
7 closely a single percentage of the standard of assistance
8 established under this Section, with grant amounts expressed
9 in whole dollar amounts. The percentage used for Article IV
10 need not be the same percentage used for Article VI. Energy
11 Assistance money provided in a separate payment and
12 identified as being exclusively for energy assistance shall
13 not be considered as a part of the grant for the purposes of
14 this paragraph; all of the grant amount, including any
15 portion thereof that may be provided for the purpose of
16 energy assistance provided under the preceding paragraph,
17 shall be considered under this paragraph.
18 Aid payments shall not be reduced except: (1) for changes
19 in the cost of items included in the standards, or (2) for
20 changes in the expenses of the recipient, or (3) for changes
21 in the income or resources available to the recipient, or (4)
22 for changes in grants resulting from adoption of a
23 consolidated standard, or (5) to accomplish the adjustment
24 described in the preceding paragraph, or (6) beginning July
25 1, 1992, to reduce grant amounts for recipients of cash
26 assistance under Sections 3-1a and 6-11 of this Code during
27 fiscal year 1993.
28 If recipients can obtain adequate shelter only if a
29 security deposit is given the landlord, the Department may
30 furnish one month's rent as a security deposit. This
31 provision shall be operative only to the extent that it does
32 not foster the granting of duplicate assistance.
33 In fixing standards to govern payments or reimbursements
34 for funeral and burial expenses, the Department shall take
-77- LRB9001426DJcdam
1 into account the services essential to a dignified, low-cost
2 funeral and burial, but no payment shall be authorized from
3 public aid funds for the funeral in excess of $630, exclusive
4 of reasonable amounts as may be necessary for burial space
5 and cemetery charges, and any applicable taxes or other
6 required governmental fees or charges. The Department shall
7 authorize no payment in excess of $315 for a cemetery burial.
8 Nothing contained in this Section or in any other Section
9 of this Code shall be construed to prohibit the Illinois
10 Department (1) from consolidating existing standards on the
11 basis of any standards which are or were in effect on, or
12 subsequent to July 1, 1969, or (2) from employing any
13 consolidated standards in determining need for public aid and
14 the amount of money payment or grant for individual
15 recipients or recipient families.
16 Notwithstanding any other provision of this Code to the
17 contrary, the Illinois Department is authorized to reduce
18 payment levels under Article VI as necessary to implement
19 contingency reserves under the Emergency Budget Act of Fiscal
20 Year 1992, to the extent permitted by federal law. Any such
21 reduction shall expire on July 1, 1992.
22 (Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528;
23 87-838; 87-860.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 12-4.11. Standards of assistance; content;
26 limitations; Grant amounts. Establish specific standards, by
27 rule, by which grant amounts and need for public aid will be
28 determined and amend the standards from time to time as
29 circumstances may require.
30 The standards shall provide a livelihood compatible with
31 health and well-being for persons eligible for financial aid
32 under any Article of this Code. They shall include
33 recognition of any special needs occasioned by the handicaps
34 and infirmities of age, blindness, or disability. They shall
-78- LRB9001426DJcdam
1 include recognition of the special clothing needs of school
2 age children occasioned by cold weather conditions during the
3 winter season. Standards established to determine the
4 eligibility of medically indigent persons for aid under
5 Articles V or VII shall take into account the requirements of
6 the spouse or other dependent or dependents of the applicant
7 for medical aid.
8 The quantity and quality of the items included in the
9 standards established for food, clothing, and other basic
10 maintenance needs shall take account of the buying and
11 consumption patterns of self-supporting persons and families
12 of low income, as determined from time to time by the United
13 States Department of Agriculture, the United States Bureau of
14 Labor Statistics, and other nationally recognized research
15 authorities in the fields of nutrition and family living.
16 The items in the standards shall be priced annually for
17 changes in cost, as provided in Section 12-4.15, and prices
18 of the standards adjusted as indicated by the findings of
19 these surveys. The Department, with due regard for and
20 subject to budgetary limitations, shall establish grant
21 amounts for each of the programs, by regulation. The grant
22 amounts may be less than the prices of the standards and may
23 vary by program, size of assistance unit and geographic area.
24 and may be established in the form of a percentage of the
25 standards for any or all programs. Beginning July 1, 1991,
26 the annual appropriations law of the Illinois Department
27 shall, in respect to Articles IV and VI, specify the
28 percentage of the current Standard of Need, that the current
29 fiscal year appropriation is intended to cover as of the
30 beginning of that fiscal year. Nothing in the preceding
31 sentence shall be construed to require any grant increase at
32 any time during the remainder of that fiscal year.
33 In recognition of the inability of low income households
34 to afford the rising costs of energy, payments made by the
-79- LRB9001426DJcdam
1 Department under Articles IV and VI shall include an amount
2 of money to offset, in whole or in part, the costs of energy
3 associated with seasonal variations. The Department may by
4 rule establish the amount of such energy payments which may
5 vary in accordance with the size of the assistance unit. The
6 Department for reasons of administrative simplicity may
7 provide the amounts in equal monthly payments.
8 During the first month that the Department pays grants
9 which include amounts authorized in the preceding paragraph,
10 the grant amounts for all sized assistance units within each
11 program the Department administers under Article IV of this
12 Code and for assistance units of more than one person under
13 Article VI of this Code shall be adjusted to approach more
14 closely a single percentage of the standard of assistance
15 established under this Section, with grant amounts expressed
16 in whole dollar amounts. The percentage used for Article IV
17 need not be the same percentage used for Article VI. Energy
18 Assistance money provided in a separate payment and
19 identified as being exclusively for energy assistance shall
20 not be considered as a part of the grant for the purposes of
21 this paragraph; all of the grant amount, including any
22 portion thereof that may be provided for the purpose of
23 energy assistance provided under the preceding paragraph,
24 shall be considered under this paragraph.
25 Aid payments shall not be reduced except: (1) for changes
26 in the cost of items included in the grant amounts standards,
27 or (2) for changes in the expenses of the recipient, or (3)
28 for changes in the income or resources available to the
29 recipient, or (4) for changes in grants resulting from
30 adoption of a consolidated grant amount standard, or (5) to
31 accomplish the adjustment described in the preceding
32 paragraph, or (6) beginning July 1, 1992, to reduce grant
33 amounts for recipients of cash assistance under Sections 3-1a
34 and 6-11 of this Code during fiscal year 1993.
-80- LRB9001426DJcdam
1 If recipients can obtain adequate shelter only if a
2 security deposit is given the landlord, the Department may
3 furnish one month's rent as a security deposit. This
4 provision shall be operative only to the extent that it does
5 not foster the granting of duplicate assistance.
6 In fixing standards to govern payments or reimbursements
7 for funeral and burial expenses, the Department shall take
8 into account the services essential to a dignified, low-cost
9 funeral and burial, but no payment shall be authorized from
10 public aid funds for the funeral in excess of $630, exclusive
11 of reasonable amounts as may be necessary for burial space
12 and cemetery charges, and any applicable taxes or other
13 required governmental fees or charges. The Department shall
14 authorize no payment in excess of $315 for a cemetery burial.
15 Nothing contained in this Section or in any other Section
16 of this Code shall be construed to prohibit the Illinois
17 Department (1) from consolidating existing standards on the
18 basis of any standards which are or were in effect on, or
19 subsequent to July 1, 1969, or (2) from employing any
20 consolidated standards in determining need for public aid and
21 the amount of money payment or grant for individual
22 recipients or recipient families.
23 Notwithstanding any other provision of this Code to the
24 contrary, the Illinois Department is authorized to reduce
25 payment levels under Article VI as necessary to implement
26 contingency reserves under the Emergency Budget Act of Fiscal
27 Year 1992, to the extent permitted by federal law. Any such
28 reduction shall expire on July 1, 1992.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (305 ILCS 5/12-10.3) (from Ch. 23, par. 12-10.3)
31 Sec. 12-10.3. Employment and Training Fund; uses.
32 (a) The Employment and Training Fund is hereby created
33 in the State Treasury for the purpose of receiving and
-81- LRB9001426DJcdam
1 disbursing moneys in accordance with the provisions of Title
2 IV-F of the federal Social Security Act, known as the Job
3 Opportunities and Basic Skills (JOBS) Program and, on and
4 after July 1, 1997, Title IV-A of the federal Social Security
5 Act; the Food Stamp Act, Title 7 of the United States Code;
6 and related rules and regulations governing the use of those
7 moneys for the purposes of providing employment and training
8 services.
9 (b) All federal funds received by the Illinois
10 Department as reimbursement for expenditures for employment
11 and training programs made by the Illinois Department from
12 grants, gifts, or legacies as provided in Section 12-4.18 or
13 by an entity other than the Department, except as a result of
14 appropriations made for the costs of providing adult
15 education to public assistance recipients, shall be deposited
16 into the Employment and Training Fund; provided, however,
17 that all funds, except those that are specified in the
18 interagency agreement between the Illinois Community College
19 Board and the Department, that are received by the Department
20 as reimbursement under Title IV-F of the federal Social
21 Security Act the JOBS programs for expenditures that are made
22 by the Illinois Community College Board or by any public
23 community college of this State shall be credited to a
24 special account that the State Treasurer shall establish and
25 maintain within the Employment and Training Fund for the
26 purpose and in the manner provided in Section 12-5.
27 (c) Except as provided in subsection (d) of this
28 Section, the Employment and Training Fund shall be
29 administered by the Illinois Department, and the Illinois
30 Department may make payments from the Employment and Training
31 Fund to clients for supportive services or to public and
32 private entities for employment and training services. Such
33 payments shall not include any funds generated by Illinois
34 community colleges as part of the Opportunities Program.
-82- LRB9001426DJcdam
1 (d) On or before the 10th day of August, 1992, and on or
2 before the 10th day of each month thereafter, the State
3 Treasurer and State Comptroller shall automatically transfer
4 to the TANF AFDC Opportunities Fund of the Illinois Community
5 College Board from the special account established and
6 maintained in the Employment and Training Fund all amounts
7 credited to that special account as provided in Section 12-5
8 during the preceding month as reimbursement for expenditures
9 under Title IV-F of the federal Social Security Act the JOBS
10 programs made by the Illinois Community College Board or any
11 public community college of this State.
12 (e) The Illinois Department shall execute a written
13 contract when purchasing employment and training services
14 from entities qualified to provide services under the
15 programs. The contract shall be filed with the Illinois
16 Department and the State Comptroller.
17 (Source: P.A. 88-429; 89-641, eff. 8-9-96.)
18 (305 ILCS 5/12-13.05 new)
19 Sec. 12-13.05. Emergency rules to implement amendatory
20 changes. The Illinois Department may implement the
21 amendatory changes to this Code made by this amendatory Act
22 of 1997 and any other changes made as the result of
23 implementing the Temporary Assistance to Needy Families
24 Program under the Personal Responsibility and Work
25 Opportunity Reconciliation Act of 1996 (P.L. 104-193) through
26 the use of emergency rules in accordance with the provisions
27 of Section 5-45 of the Illinois Administrative Procedure Act.
28 For purposes of the Illinois Administrative Procedure Act,
29 the adoption of rules to implement these changes shall be
30 deemed an emergency and necessary for the public interest,
31 safety, and welfare. The emergency rulemaking powers
32 authorized in this Section apply only to rules filed to
33 implement the TANF plan effective July 1, 1997.
-83- LRB9001426DJcdam
1 All rules regulating the Temporary Assistance for Needy
2 Families program and all other rules regulating the
3 amendatory changes to this Code made by this amendatory Act
4 of 1997 shall be promulgated pursuant to this Section. All
5 rules regulating the Temporary Assistance for Needy Families
6 program and all other rules regulating the amendatory changes
7 to this Code made by this amendatory Act of 1997 are repealed
8 on June 1, 1999. On and after June 1, 1999, the Illinois
9 Department may not promulgate any rules regulating the
10 Temporary Assistance for Needy Families program or regulating
11 the amendatory changes to this Code made by this amendatory
12 Act of 1997.
13 (305 ILCS 5/4-1.2b rep.)
14 (305 ILCS 5/4-1.3 rep.)
15 (305 ILCS 5/4-1.4 rep.)
16 (305 ILCS 5/4-1.11 rep.)
17 (305 ILCS 5/4-5 rep.)
18 (305 ILCS 5/4-16 rep.)
19 (305 ILCS 5/9-6.3 rep.)
20 (305 ILCS 5/9-6.4 rep.)
21 (305 ILCS 5/9A-6 rep.)
22 (305 ILCS 5/12-4.15 rep.)
23 Section 15. The Illinois Public Aid Code is amended by
24 repealing Sections 4-1.2b, 4-1.3, 4-1.4, 4-1.11, 4-5, 4-16,
25 9-6.3, 9-6.4, 9A-6, and 12-4.15.
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
-84- LRB9001426DJcdam
1 Section 99. Effective date. This Act takes effect July
2 1, 1997, except that this Section and the provisions changing
3 Section 11-6.2 of the Illinois Public Aid Code take effect
4 upon becoming law.".