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90_SB1668
305 ILCS 5/9A-7 from Ch. 23, par. 9A-7
Amends the "education, training, and employment program
for TANF (formerly AFDC) recipients" Article of the Public
Aid Code. Provides that good cause for failure to
participate in a required program or to accept or retain
suitable employment includes a breakdown in transportation
arrangements or lack of reasonable available transportation.
LRB9011250DJsb
LRB9011250DJsb
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 9A-7.
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 9A-7 as follows:
7 (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
8 Sec. 9A-7. Good Cause and Pre-Sanction Process.
9 The Department shall establish by rule what constitutes
10 good cause for failure to participate in education, training
11 and employment programs, failure to accept suitable
12 employment or terminating employment or reducing earnings.
13 The Department shall establish, by rule, a pre-sanction
14 process to assist in resolving disputes over proposed
15 sanctions and in determining if good cause exists. Good cause
16 shall include, but not be limited to:
17 (1) temporary illness for its duration;
18 (2) court required appearance or temporary
19 incarceration;
20 (3) (blank);
21 (4) death in the family;
22 (5) (blank);
23 (6) (blank);
24 (7) (blank);
25 (8) breakdown in transportation arrangements or
26 lack of reasonable available transportation (blank);
27 (9) extreme inclement weather;
28 (10) (blank);
29 (11) lack of any support service even though the
30 necessary service is not specifically provided under the
31 Department program, to the extent the lack of the needed
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1 service presents a significant barrier to participation;
2 (12) if an individual is engaged in employment or
3 training or both that is consistent with the employment
4 related goals of the program, if such employment and
5 training is later approved by Department staff;
6 (13) (blank);
7 (14) failure of Department staff to correctly
8 forward the information to other Department staff;
9 (15) failure of the participant to cooperate
10 because of attendance at a test or a mandatory class or
11 function at an educational program (including college),
12 when an education or training program is officially
13 approved by the Department;
14 (16) failure of the participant due to his or her
15 illiteracy;
16 (17) failure of the participant because it is
17 determined that he or she should be in a different
18 activity;
19 (18) non-receipt by the participant of a notice
20 advising him or her of a participation requirement, if
21 documented by the participant. Documentation can include,
22 but is not limited to: a written statement from the post
23 office or other informed individual: the notice not sent
24 to the participant's last known address in Department
25 records; return of the notice by the post office; other
26 returned mail; proof of previous mail theft problems.
27 When determining whether or not the participant has
28 demonstrated non-receipt, the Department shall take into
29 consideration a participant's history of cooperation or
30 non-cooperation in the past. If the documented
31 non-receipt of mail occurs frequently, the Department
32 shall explore an alternative means of providing notices
33 of participation requests to participants;
34 (19) (blank);
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1 (20) non-comprehension of English, either written
2 or oral or both;
3 (21) (blank);
4 (22) (blank);
5 (23) child care (or day care for an incapacitated
6 individual living in the same home as a dependent child)
7 is necessary for the participation or employment and such
8 care is not available for a child under age 13;
9 (24) failure to participate in an activity due to a
10 scheduled job interview;
11 (25) the individual is homeless. Homeless
12 individuals (including the family) have no current
13 residence and no expectation of acquiring one in the next
14 30 days. This includes individuals residing in overnight
15 and transitional (temporary) shelters. This does not
16 include individuals who are sharing a residence with
17 friends or relatives on a continuing basis;
18 (26) circumstances beyond the control of the
19 participant which prevent the participant from completing
20 program requirements; or
21 (27) (blank).
22 (b) (Blank).
23 (c) (1) The Department shall establish a reconciliation
24 procedure to assist in resolving disputes related to any
25 aspect of participation, including exemptions, good
26 cause, sanctions or proposed sanctions, supportive
27 services, assessments, responsibility and service plans,
28 assignment to activities, suitability of employment, or
29 refusals of offers of employment. Through the
30 reconciliation process the Department shall have a
31 mechanism to identify good cause, ensure that the client
32 is aware of the issue, and enable the client to perform
33 required activities without facing sanction.
34 (2) A participant may request reconciliation and
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1 receive notice in writing of a meeting. At least one
2 face-to-face meeting may be scheduled to resolve
3 misunderstandings or disagreements related to program
4 participation and situations which may lead to a
5 potential sanction. The meeting will address the
6 underlying reason for the dispute and plan a resolution
7 to enable the individual to participate in TANF
8 employment and work activity requirements.
9 (2.5) If the individual fails to appear at the
10 reconciliation meeting without good cause, the
11 reconciliation is unsuccessful and a sanction shall be
12 imposed.
13 (3) The reconciliation process shall continue after
14 it is determined that the individual did not have good
15 cause for non-cooperation. Any necessary demonstration
16 of cooperation on the part of the participant will be
17 part of the reconciliation process. Failure to
18 demonstrate cooperation will result in immediate
19 sanction.
20 (4) For the first instance of non-cooperation, if
21 the client reaches agreement to cooperate, the client
22 shall be allowed 30 days to demonstrate cooperation
23 before any sanction activity may be imposed. In any
24 subsequent instances of non-cooperation, the client shall
25 be provided the opportunity to show good cause or remedy
26 the situation by immediately complying with the
27 requirement.
28 (5) The Department shall document in the case
29 record the proceedings of the reconciliation and provide
30 the client in writing with a reconciliation agreement.
31 (6) If reconciliation resolves the dispute, no
32 sanction shall be imposed. If the client fails to comply
33 with the reconciliation agreement, the Department shall
34 then immediately impose the original sanction. If the
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1 dispute cannot be resolved during reconciliation, a
2 sanction shall not be imposed until the reconciliation
3 process is complete.
4 (Source: P.A. 90-17, eff. 7-1-97.)