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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB1080enr
305 ILCS 5/4-8 from Ch. 23, par. 4-8
Amends the AFDC Article of the Public Aid Code. Provides
that if a local public aid office has reason to believe that
a caretaker relative is experiencing substance abuse, the
local office shall require that person to submit to
appropriate substance abuse testing. Provides that if the
test result is positive, the local office shall require the
person to submit to appropriate treatment. If the person
refuses without good cause to submit to required testing or
treatment and if there is no family member or close friend to
serve as a protective payee, requires the local office to
provide for a protective payment to a substitute payee.
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1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 4-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 4-8 as follows:
7 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
8 Sec. 4-8. Mismanagement of assistance grant.
9 (a) If the County Department has reason to believe that
10 the money payment for basic maintenance is not being used, or
11 may not be used, in the best interests of the child and the
12 family and that there is present or potential damage to the
13 standards of health and well-being that the grant is intended
14 to assure, the County Department shall provide the parent or
15 other relative with the counseling and guidance services with
16 respect to the use of the grant and the management of other
17 funds available to the family as may be required to assure
18 use of the grant in the best interests of the child and
19 family. The Illinois Department shall by rule prescribe
20 criteria which shall constitute evidence of grant
21 mismanagement. The criteria shall include but not be limited
22 to the following:
23 (1) A determination that a child in the assistance
24 unit is not receiving proper and necessary support or
25 other care for which assistance is being provided under
26 this Code.
27 (2) A record establishing that the parent or
28 relative has been found guilty of public assistance fraud
29 under Article VIIIA.
30 (3) A determination by an appropriate person,
31 entity, or agency that the parent or other relative
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1 requires treatment for alcohol or substance abuse, mental
2 health services, or other special care or treatment.
3 The Department shall at least consider non-payment of
4 rent for two consecutive months as evidence of grant
5 mismanagement by a parent or relative of a recipient who is
6 responsible for making rental payments for the housing or
7 shelter of the child or family, unless the Department
8 determines that the non-payment is necessary for the
9 protection of the health and well-being of the recipient. The
10 County Department shall advise the parent or other relative
11 grantee that continued mismanagement will result in the
12 application of one of the sanctions specified in this
13 Section.
14 The Illinois Department shall consider irregular school
15 attendance by children of elementary school age grades 1
16 through 6, as evidence of lack of proper and necessary
17 support or care.
18 The Illinois Department shall develop preventive programs
19 in collaboration with elementary school and social service
20 networks to encourage school attendance of children receiving
21 assistance under Article IV. To the extent that Illinois
22 Department and community resources are available, the
23 programs shall serve families whose children in grades 1
24 through 6 are not attending elementary school regularly, as
25 defined by the school. The programs shall include referrals
26 from the school to a social service network, assessment and
27 development of a service plan by one or more network
28 representatives, and the Illinois Department's encouragement
29 of the family to follow through with the service plan.
30 Families that fail to follow the service plan as determined
31 by the service provider, shall be subject to the protective
32 payment provisions of this Section and Section 4-9 of this
33 Code.
34 Families for whom a protective payment plan has been in
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1 effect for at least 3 months and whose elementary school
2 children continue to regularly miss school shall be subject
3 to a sanction of the parent's portion of the grant. The
4 sanction shall continue until the children demonstrate
5 satisfactory attendance, as defined by the school. To the
6 extent necessary to implement this Section, the Illinois
7 Department shall seek appropriate waivers of federal
8 requirements from the U.S. Department of Health and Human
9 Services.
10 The Illinois Department may implement the amendatory
11 changes to this Section made by this amendatory Act of 1995
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 1995 shall be deemed an emergency and necessary for
18 the public interest, safety, and welfare.
19 (b) In areas of the State where clinically appropriate
20 substance abuse treatment capacity is available, if the local
21 office has reason to believe that a caretaker relative is
22 experiencing substance abuse, the local office shall refer
23 the caretaker relative to a licensed treatment provider for
24 assessment. If the assessment indicates that the caretaker
25 relative is experiencing substance abuse, the local office
26 shall require the caretaker relative to comply with all
27 treatment recommended by the assessment. If the caretaker
28 relative refuses without good cause, as determined by rules
29 of the Illinois Department, to submit to the assessment or
30 treatment, the caretaker relative shall be ineligible for
31 assistance, and the local office shall take one or more of
32 the following actions:
33 (i) If there is another family member or friend who
34 is ensuring that the family's needs are being met, that
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1 person, if willing, shall be assigned as protective
2 payee.
3 (ii) If there is no family member or close friend
4 to serve as protective payee, the local office shall
5 provide for a protective payment to a substitute payee as
6 provided in Section 4-9. The Department also shall
7 determine whether if a referral to the Department of
8 Children and Family Services is warranted and, if
9 appropriate, shall make the referral.
10 (iii) The Department shall contact the individual
11 who is thought to be experiencing substance abuse and
12 explain why the protective payee has been assigned and
13 refer the individual to treatment.
14 (c) This subsection (c) applies to cases other than
15 those described in subsection (b). If the efforts to correct
16 the mismanagement of the grant have failed, the County
17 Department, in accordance with the rules and regulations of
18 the Illinois Department, shall initiate one or more of the
19 following actions:
20 1. Provide for a protective payment to a substitute
21 payee, as provided in Section 4-9. This action may be
22 initiated for any assistance unit containing a child
23 determined to be neglected by the Department of Children
24 and Family Services under the Abused and Neglected Child
25 Reporting Act, and in any case involving a record of
26 public assistance fraud.
27 2. Provide for issuance of all or part of the grant
28 in the form of disbursing orders. This action may be
29 initiated in any case involving a record of public
30 assistance fraud, or upon the request of a substitute
31 payee designated under Section 4-9.
32 3. File a petition under the Juvenile Court Act of
33 1987 for an Order of Protection under Sections 2-25,
34 2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that
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1 Act.
2 4. Institute a proceeding under the Juvenile Court
3 Act of 1987 for the appointment of a guardian or legal
4 representative for the purpose of receiving and managing
5 the public aid grant.
6 5. If the mismanagement of the grant, together with
7 other factors, have rendered the home unsuitable for the
8 best welfare of the child, file a neglect petition under
9 the Juvenile Court Act of 1987, requesting the removal of
10 the child or children.
11 (Source: P.A. 88-412; 89-6, eff. 3-6-95.)