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90_HB3160
305 ILCS 5/1-12 new
Amends the Illinois Public Aid Code. Incorporates the
domestic violence option of the Temporary Assistance for
Needy Families (TANF) program in the Social Security Act into
provisions of the Code. Provides that all State agencies
responsible for the operation and implementation of any
portion of the TANF program or the child support programs
under the TANF Article and the Support Enforcement Article of
the Code shall (i) screen and identify applicants and
recipients of assistance for TANF who are past or present
victims of domestic violence or at risk of further domestic
violence, while protecting confidentiality; (ii) refer these
individuals for counseling and supportive services; and (iii)
waive, for so long as necessary, pursuant to a determination
of good cause, any program requirements that would make it
more difficult for these individuals to escape domestic
violence or unfairly penalize past or present victims of
domestic violence or those at risk of further domestic
violence.
LRB9010254SMdv
LRB9010254SMdv
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 1-12.
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 adding Section 1-12 as follows:
7 (305 ILCS 5/1-12 new)
8 Sec. 1-12. Family violence option.
9 (a) Findings. The General Assembly finds that:
10 (1) domestic violence may make it difficult for
11 some individuals to attain economic self-sufficiency,
12 because the physical and mental effects of past or
13 present abuse may hinder job performance; because abusive
14 partners may attempt to sabotage their victims'
15 education, training, and employment to keep them
16 economically dependent; or because the demands of court
17 intervention, criminal prosecution, or safety planning
18 may interfere with work, education, or training;
19 (2) attempts to escape violent living arrangements
20 may disrupt work or require relocation from another
21 state or both;
22 (3) in situations where there is a risk of domestic
23 violence, cooperation with child support and paternity
24 establishment may increase the risk to individuals and
25 their children;
26 (4) no individual should be forced to remain in a
27 violent living situation or place themselves or others at
28 risk in order to retain assistance, for economic
29 survival, or because any applicable time limit has
30 expired; and
31 (5) no individual should be unfairly penalized
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1 because past or present domestic violence or the risk of
2 domestic violence causes them to fail to comply with
3 requirements for assistance.
4 (b) Definition of domestic violence. For purposes of
5 this Section, the term "domestic violence" means battering or
6 subjecting a person to extreme cruelty by (i) physical acts
7 that resulted in or threatened to result in physical injury;
8 (ii) sexual abuse; (iii) sexual activity involving a child in
9 the home; (iv) forcing the person to participate in
10 nonconsensual sexual acts or activities; (v) threats of, or
11 attempts at, physical or sexual abuse; (vi) mental abuse;
12 (vii) neglect or deprivation of medical care.
13 (c) Protection of applicants and recipients who are
14 victims of domestic violence. In recognition of the reality
15 of family violence for many individuals who may need
16 Temporary Assistance for Needy Families (TANF), the State of
17 Illinois adopts the Family Violence Option of Section
18 402(a)(7) of the Social Security Act.
19 Adoption of the Family Violence Option shall increase the
20 State's flexibility in moving Illinois families from welfare
21 to work to ensure that applicants and recipients who are past
22 or present victims of domestic violence or those at risk of
23 further domestic violence are not placed at risk or unfairly
24 penalized, and to ensure that victims of domestic violence
25 remain on the path to economic self-sufficiency while
26 preserving the safety and well-being of the victims and
27 their children.
28 All State agencies responsible for the operation and
29 implementation of any portion of the TANF program under
30 Article IV and child support programs under Articles IV and X
31 shall:
32 (1) screen and identify applicants and recipients
33 of assistance for TANF who are past or present victims of
34 domestic violence or at risk of further domestic
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1 violence, while protecting confidentiality;
2 (2) refer these individuals for counseling and
3 supportive services; and
4 (3) waive, for so long as necessary, pursuant to a
5 determination of good cause, any program requirements
6 that would make it more difficult for these individuals
7 to escape domestic violence or unfairly penalize past or
8 present victims of domestic violence or those at risk of
9 further domestic violence, such as time limits on receipt
10 of assistance, work requirements, paternity establishment
11 and child support cooperation requirements, residency
12 requirements, family cap provisions, budgeting an
13 abuser's income as countable income, limitations on
14 emergency assistance, or any penalty or sanction,
15 including reduction or termination of assistance, for
16 failure to comply with a program requirement.
17 (4) For purposes of this Section, a victim of
18 domestic violence is someone who has been battered or
19 subject to extreme cruelty as that term is defined in
20 Section 408(a)(7)(C)(iii) of the Social Security Act.
21 (d) Identification of victims of domestic violence. The
22 Department of Human Services and the Department of Public Aid
23 shall jointly develop and monitor compliance with procedures
24 for identifying victims of domestic violence for State
25 agencies and their employees, contractors, and
26 subcontractors. Those procedures shall provide for a
27 universal screening process with interview questions that
28 screen for issues of domestic violence and universal
29 notification to all applicants and recipients of aid under
30 Article IV of the following:
31 (1) that referrals to counseling and supportive
32 services as detailed under subsection (f) are available
33 for past or present victims of domestic violence or those
34 at risk of further domestic violence;
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1 (2) that all past or present victims of domestic
2 violence or those at risk of further domestic violence
3 shall, upon showing of good cause, receive waivers of any
4 program requirements that will make it more difficult for
5 them to escape from domestic violence or unfairly
6 penalize them for being victims or potential victims of
7 such violence; and
8 (3) the procedures for voluntarily and
9 confidentially identifying eligibility for referrals to
10 supportive services and waivers and the procedures for
11 obtaining services or applying for waivers.
12 Notification shall be both in writing and orally at the
13 time of application for benefits and recertification, during
14 the development of the personal plan for achieving employment
15 and self-sufficiency, also referred to as the individual
16 responsibility plan (IRP) or the responsibility and services
17 plan (RASP), at the beginning of any job training or work
18 placement assistance program, and at any other time at which
19 a determination is being made concerning the individual's
20 progress, eligibility, or status under the TANF program,
21 prior to any information for the purpose of establishing
22 paternity or child support enforcement being requested from
23 the applicant or recipient, and at the point of referral to
24 the child support or Medicaid agency. Screening and
25 notification procedures shall allow applicants and recipients
26 to voluntarily and confidentially disclose their eligibility
27 for services or waivers at any time. At no time shall an
28 applicant or recipient's decision not to disclose eligibility
29 for services or waivers due to domestic violence preclude
30 disclosure at a later date, nor shall it preclude future
31 access to services or waivers.
32 (e) Confidentiality. The Department of Human Services
33 and the Department of Public Aid shall jointly develop and
34 monitor compliance procedures for the agencies and their
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1 employees, contractors, and subcontractors to ensure that any
2 information pertaining to any applicant or recipient of aid
3 who claims to be a past or present victim of domestic
4 violence or an individual at risk of further domestic
5 violence, whether provided by the victim or by a third party,
6 shall remain confidential. This information shall be used by
7 the Department of Human Services and the Department of Public
8 Aid solely for the purpose of referral to services under
9 subsection (f) or determining eligibility for waivers under
10 subsection (g). Information with respect to victims of
11 domestic violence or anyone who claims to be a victim of
12 domestic violence shall not be released to any outside party
13 or parties or other governmental agencies, unless the
14 information is required to be disclosed by law, or unless
15 authorized in writing by the applicant or recipient. This
16 includes but is not limited to information on the applicant
17 or recipient's current address, workplace or work placement,
18 that the individual has been identified as the victim of
19 domestic violence, or any details concerning the domestic
20 violence.
21 (f) Procedures for referral to services. The Department
22 of Human Services and the Department of Public Aid shall
23 jointly develop and monitor compliance with procedures for
24 the agencies and their employees, contractors, and
25 subcontractors for referring victims of domestic violence to
26 appropriate services. Whenever an applicant or recipient of
27 aid self-identifies, or is otherwise identified, as a past or
28 present victim of domestic violence or a person at risk of
29 further domestic violence, the Department of Human Services
30 and the Department of Public Aid shall refer that individual
31 to an employee trained in domestic violence issues who shall
32 provide information about how to contact local services.
33 Services include but are not limited to: shelters for
34 battered individuals, medical services, domestic abuse
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1 hotlines, emergency aid for individuals fleeing domestic
2 violence, legal counseling and advocacy, initiation of
3 criminal proceedings, mental health care, counseling, support
4 groups, and financial assistance for victims of crime.
5 (g) Waivers.
6 (1) The Department of Human Services and the
7 Department of Public Aid shall jointly develop and
8 monitor compliance with procedures for the agencies and
9 their employees, contractors, and subcontractors for
10 waivers of program requirements. Whenever an applicant
11 or recipient of aid self-identifies, or is otherwise
12 identified as a past or present victim of domestic
13 violence or a person at risk of further domestic
14 violence, the agencies shall notify that individual that
15 they may be eligible for a good cause waiver of any
16 potentially applicable program requirements or penalty
17 provisions, including, but not limited to:
18 (A) time limits on receipt of assistance;
19 (B) work requirements;
20 (C) paternity establishment and child support
21 cooperation requirements;
22 (D) residency requirements;
23 (E) family cap provisions;
24 (F) budgeting an abuser's income as countable
25 income;
26 (G) limitations on emergency assistance;
27 (H) any other program requirements that will
28 make it more difficult to escape violence or further
29 penalize past or present victims of domestic
30 violence or those at risk of further domestic
31 violence; or
32 (I) any penalty or sanction, including
33 reduction or termination of assistance, for failure
34 to comply with one of the above requirements.
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1 With the applicant or recipient's informed consent, the
2 agencies shall determine whether good cause exists for a
3 waiver of any potentially applicable program requirement
4 or penalty provision.
5 (2) Good cause for waiver of program requirements
6 or penalty provisions shall be found whenever imposition
7 of the requirement or penalty would:
8 (A) make it more difficult for an applicant or
9 recipient to escape domestic violence; or
10 (B) unfairly penalize applicants or recipients
11 of aid who are past or present victims of, or at
12 risk of further domestic violence.
13 (3) Examples of situations that require the
14 Department of Human Services and the Department of Public
15 Aid to waive specific program requirements include but
16 are not limited to:
17 (A) waivers of work requirements or penalties
18 for failing to comply with work requirements where
19 (i) the applicant or recipient has
20 difficulty engaging in work activity, because
21 of physical injuries caused by abuse or
22 psychological effects of abuse;
23 (ii) work activity is disrupted due to
24 domestic violence, including civil or criminal
25 legal proceedings related to the domestic
26 violence;
27 (iii) the abuse actively interferes with
28 the applicant or recipient's work activity,
29 with that individual's attendance at work
30 activity, or with that individual's child care
31 arrangement; or
32 (iv) the individual's work activity
33 location puts the individual at risk.
34 For purposes of this subdivision (3)(A), work
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1 activity includes but is not limited to subsidized
2 or unsubsidized employment or any job training,
3 education, job readiness, work placement assistance,
4 or community service program.
5 (B) temporary suspension of time limits where
6 the applicant or recipient has exhausted the time
7 limit for receiving aid but needs continuing
8 financial aid to escape domestic violence, or
9 tolling of time limits where domestic violence has
10 prolonged the applicant or recipient's need for
11 assistance before the time limit has been reached;
12 (C) waivers of requirements of disclosure of
13 information, such as paternity, where the applicant
14 or recipient is afraid such disclosure will increase
15 the danger of abuse to the applicant or recipient or
16 that individual's children;
17 (D) waiver of paternity and child support
18 cooperation requirements or penalties for failure to
19 cooperate with child support determination and
20 paternity establishment, where the applicant or
21 recipient reasonably believes that cooperation would
22 put the applicant or recipient or that individual's
23 children at risk; and
24 (E) waiver of residency requirements when an
25 applicant or recipient flees to the State of
26 Illinois to escape domestic violence.
27 (4) Waivers shall be automatically offered to
28 applicants or recipients upon a showing of good cause,
29 for as long as necessary. An applicant or recipient is
30 free to decline an offer of a waiver, or terminate an
31 existing waiver at any time, without penalty. Granting
32 of a waiver does not restrict otherwise qualified
33 applicants and recipients from voluntary participation in
34 any work, job training, education, job readiness, work
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1 placement assistance, or community service program.
2 (5) Denials of requests for waivers of program
3 requirements that would penalize a past or present victim
4 of domestic violence or a person at risk of further
5 domestic violence, or would make it more difficult for
6 that individual to escape domestic violence, shall be in
7 writing and shall state the reason for denial. Denials
8 shall be transmitted to applicants or recipients in
9 accordance with the confidentiality procedures
10 established under subsection (e). Denials may be
11 appealed through the fair hearing procedure applicable to
12 other determinations of TANF eligibility, progress, or
13 status.
14 (6) Nothing in this Section shall be interpreted to
15 require any actions by domestic violence victims such as
16 seeking orders of protection, attending counseling, or
17 other actions that are not required of other applicants
18 or recipients. Nothing in this Section shall be
19 interpreted as allowing denial or reduction of benefits
20 to domestic violence victims because they do not take
21 actions not required of other applicants or recipients.
22 (h) Evidence of domestic violence. Allegations of
23 domestic violence by a victim shall be sufficient to
24 establish domestic violence where the agency has no
25 independent, reasonable basis to find the recipient not
26 credible. Evidence may also include, but is not limited to,
27 police, government agency, or court records; documentation
28 from a shelter worker, legal, clerical, medical, or other
29 professional from whom the applicant or recipient has sought
30 assistance in dealing with domestic violence; or other
31 corroborating evidence, such as a statement from any other
32 individual with knowledge of the circumstances which provide
33 the basis for the claim, or physical evidence of domestic
34 violence, or any other evidence that supports the statement.
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1 Evidence of domestic violence may be established at any
2 time.
3 (i) Domestic violence training. Domestic violence and
4 sexual abuse training programs shall be mandatory for
5 employees, contractors, and subcontractors of the Department
6 of Human Services and the Department of Public Aid who work
7 with applicants and recipients under Article IV.
8 (j) Consultation with domestic violence experts. In
9 establishing procedures under this Section for identification
10 of victims of domestic violence, maintaining confidentiality,
11 referral to services, granting waivers, and determining
12 evidence of domestic violence, the Department of Human
13 Services and the Department of Public Aid shall consult with
14 experts on battering and advocate organizations, such as
15 shelters for battered individuals, legal services agencies,
16 and State and local domestic violence and sexual assault
17 coalitions and resource centers, to ensure that the
18 procedures protect the safety and confidentiality of
19 victims, and to develop training and education programs under
20 subsection (i).