Public Act 096-0866
 		





HB1800 Enrolled
LRB096 05473 DRJ 15539 b






    AN ACT concerning public aid.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 





 
    Section 5. The Illinois Public Aid Code is amended  by 
changing Sections 4-1, 4-1.6, 4-12, 4-22, and 9A-8 and  by 
adding Sections 2-18 and 4-1.6b as follows:
 
    (305 ILCS 5/2-18 new)

    Sec. 2-18. Domestic or sexual violence. "Domestic or sexual 
violence" means domestic violence, sexual assault, or 
stalking.  Domestic or sexual violence may occur through 
electronic communication.
    "Domestic violence" means "abuse" as defined in Section 103 
of the Illinois Domestic Violence Act of 1986 by a "family or 
household member" as defined in Section 103 of the Illinois 
Domestic Violence Act of 1986.
    "Sexual assault" means any conduct proscribed by Sections 
12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 
1961.
    "Stalking" means any conduct proscribed by Sections 
12-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 1961.
    "Electronic communication" includes communications via 
telephone, mobile phone, computer, e-mail, video recorder, fax 
machine, telex, or pager, or any other "electronic 
communication" as defined in Section 12-7.5 of the Criminal 
Code of 1961.
 



    (305 ILCS 5/4-1)  (from Ch. 23, par. 4-1)



    Sec. 4-1. Eligibility requirements. Financial aid in 
meeting basic maintenance requirements for a livelihood

compatible with health and well-being shall be given under this 
Article to
or in behalf of families with dependent children who 
meet the eligibility
conditions of Sections 4-1.1 through 
4-1.11. It shall be the policy of the Illinois Department to 
provide aid under this Article to all qualified persons who 
seek assistance and to conduct outreach efforts to educate the 
public about the program.  The Department shall provide timely, 
accurate, and fair service to all applicants for assistance.

Persons who meet the eligibility criteria authorized under this 
Article shall
be treated equally, provided that nothing in this 
Article shall be construed to
create an entitlement to a 
particular grant or service level or to aid in
amounts not 
authorized under this Code, nor construed to limit the 
authority of
the General Assembly to change the eligibility 
requirements or provisions
respecting assistance amounts. The 
General Assembly recognizes that the need for aid will 
fluctuate with the economic situation in Illinois and that at 
times the number of people receiving aid under this Article 
will increase. 

    The Illinois Department shall advise every applicant for 
and recipient of
aid under this Article of (i) the requirement 
that all recipients move toward
self-sufficiency and (ii) the 
value and benefits of employment.  As a condition
of eligibility 
for that aid, every person who applies for aid under this

Article on or after the effective date of this amendatory Act 
of 1995 shall
prepare and submit, as part of the application or 
subsequent redetermination,
a personal plan for achieving

employment and self-sufficiency.
The plan shall incorporate 
the individualized assessment and employability
plan set out in 
subsections (d), (f), and (g) of Section 9A-8. The plan may be

amended as the recipient's needs change. The assessment
process 
to develop the plan shall include questions that screen for 
domestic
violence issues and steps needed to address these 
issues may be part of the
plan.  If the individual indicates 
that he or she is a victim of domestic
violence, he or she may 
also be referred to an available domestic violence
program.

Failure of the client to follow through on the
personal plan 
for employment and self-sufficiency may be a basis for sanction

under Section 4-21.

(Source: P.A. 92-111, eff. 1-1-02.)

 



    (305 ILCS 5/4-1.6)  (from Ch. 23, par. 4-1.6)



    Sec. 4-1.6. Need. Income available to the family as defined 
by the
Illinois Department by rule, or to the child
in the case 
of a child removed from his or her home, when added to

contributions in money, substance or services from other 
sources,
including income available from parents absent from 
the home or from a
stepparent, contributions made for the 
benefit of the parent or other
persons necessary to provide 
care and supervision to the child, and
contributions from 
legally responsible relatives, must be insufficient
to equal to 
or less than the grant amount established by Department 
regulation for such
a person. For purposes of eligibility for 
aid under this Article, the Department shall disregard all 
earned income between the grant amount and 50% of the Federal 
Poverty Level. 

    In considering income to be taken into account, 
consideration shall
be given to any expenses reasonably 
attributable to the earning of such
income. Three-fourths of 
the earned income of a household eligible for aid under this 
Article shall be disregarded when determining the level of 
assistance for which a household is eligible. The Illinois 
Department may also permit all or any
portion of earned or 
other income to be set aside for the future
identifiable needs 
of a child. The Illinois Department
may provide by rule and 
regulation for the exemptions thus permitted or
required.  The 
eligibility of any applicant for or recipient of public
aid 
under this Article is not affected by the payment of any grant 
under
the "Senior Citizens and Disabled Persons Property Tax 
Relief and
Pharmaceutical Assistance Act" or any distributions 
or items of income
described under subparagraph (X) of

paragraph (2) of subsection (a) of Section 203 of the Illinois 
Income Tax
Act.

    The Illinois Department may, by rule, set forth criteria 
under which an
assistance unit is ineligible for cash 
assistance under this Article for a
specified number of months 
due to the receipt of a lump sum payment.

(Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)

 
    (305 ILCS 5/4-1.6b  new)
    Sec. 4-1.6b. Date for providing aid; employability 
assessment.
    (a) The Department shall provide financial aid no more than 
30 days after the date of application.
    (b) During the first 30 days after the date of application, 
the applicant shall undergo a thorough employability 
assessment, in accordance with subsection (d) of Section 9A-8 
of this Code, and shall prepare a personal plan for achieving 
employment and self-sufficiency in accordance with Section 4-1 
of this Code. The requirement to engage in work-related 
activity may commence 30 days after the date of application.
    (c) Financial aid under this Article shall be authorized 
effective on the date of application, provided that the 
applicant is eligible on that date.
 



    (305 ILCS 5/4-12)  (from Ch. 23, par. 4-12)



    Sec. 4-12. Crisis assistance. Where a family has been (1) 
rendered homeless
or threatened with homelessness by fire, 
flood, other natural
disaster, eviction or court order to 
vacate the premises for reasons
other than nonpayment of rent, 
or where a family has spouse and child have become
homeless 
because they have left their the residence due to domestic or 
sexual violence occupied by a spouse who was
physically abusing 
the now homeless spouse or child; (1.5) deprived of the 
household's income as a result of domestic or sexual violence; 
(2) deprived of
essential items of furniture or essential 
clothing by fire or flood or
other natural disaster; (3) 
deprived of food as a result of actions other
than loss or 
theft of cash and where the deprivation cannot be promptly

alleviated through the federal food stamp program;
(4) as a 
result of a documented theft or documented loss of cash, 
deprived of
food or essential clothing or deprived of shelter 
or
immediately threatened with deprivation of shelter as 
evidenced by a court
order requiring immediate eviction due to 
nonpayment of rent; or (5) rendered the victim of such other

hardships as the Illinois Department shall by rule define, the 
Illinois
Department may provide assistance to alleviate such

needs.  The
Illinois Department shall verify need and determine 
eligibility for
crisis
assistance for families already 
receiving grants from the Illinois
Department within 5 working 
days following application for such assistance
and shall 
determine eligibility for all other families and afford such

assistance for families found eligible within such
time limits 
as the Illinois Department shall by rule provide.
The Illinois 
Department may, by rule, limit crisis assistance
to an
eligible 
family to once
in any 12
consecutive months.  This limitation 
may be made for some or all items of
crisis assistance.

    The Illinois Department by regulation shall specify the

criteria for determining eligibility and the amount and nature 
of
assistance to be provided.  Where deprivation of
shelter 
exists or is threatened, the
Illinois Department may provide 
reasonable moving expenses, short term
rental costs, including 
one month's rent and a security deposit where such
expenses are 
needed for relocation, and, where the Department determines

appropriate, provide assistance to prevent an imminent 
eviction or
foreclosure. These amounts may be described in 
established amounts or
maximums.  The Illinois Department may 
also describe, for each form of
assistance authorized, the 
method by which the assistance shall be
delivered, including 
but not limited to warrants or disbursing orders.

    Annual expenditures under this
Section shall not exceed 
$2,000,000.  The Illinois
Department shall review
such 
expenditures quarterly and shall, if necessary, reduce the 
amounts or
nature of assistance authorized in order to assure 
that the limit is not
exceeded.

(Source: P.A. 90-17, eff. 7-1-97.)

 



    (305 ILCS 5/4-22)



    Sec. 4-22. Domestic and sexual violence. 

    (a) The assessment process to develop the personal plan for 
achieving
self-sufficiency shall include questions that screen 
for domestic and sexual violence
issues.  If the individual 
indicates that he or she is the victim of domestic or sexual

violence and indicates a need to address domestic or sexual 
violence issues in order to
reach self-sufficiency, the plan 
shall take this factor into account in
determining the work, 
education, and training activities suitable to the client
for 
achieving self-sufficiency.  In addition, in such a case, 
specific steps
needed to directly address the domestic or 
sexual violence issues may also be made part
of the plan, 
including referral to an available domestic or sexual violence 
program. The Department shall conduct an individualized 
assessment and grant waivers of program requirements and other 
required activities for victims of domestic violence to the 
fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall 
apply the same laws, regulations, and policies to victims of 
sexual violence.  The duration of such waivers shall be 
initially determined and subsequently redetermined on a 
case-by-case basis.  There shall be no limitation on the total 
number of months for which waivers under this Section may be 
granted, but continuing eligibility for a waiver shall be 
redetermined no less often than every 6 months. 

    (b) The Illinois Department shall develop and monitor 
compliance procedures
for its employees, contractors, and 
subcontractors to ensure that any
information pertaining to any 
client who claims to be a past or present victim
of domestic 
violence or an individual at risk of further domestic violence,

whether provided by the victim or by a third party, will remain

confidential.

    (c) The Illinois Department shall develop and implement a 
domestic
violence
training
curriculum for Illinois Department 
employees who serve applicants for and
recipients of aid
under 
this Article.  The curriculum shall be designed to better equip 
those
employees to identify
and serve domestic violence 
victims.
The Illinois Department may enter into a contract for 
the development of the
curriculum with one or more 
organizations providing
services to domestic violence victims.  
The Illinois Department shall adopt
rules necessary to 
implement this subsection.

(Source: P.A. 90-17, eff. 7-1-97; 91-759, eff. 1-1-01.)

 



    (305 ILCS 5/9A-8)  (from Ch. 23, par. 9A-8)



    Sec. 9A-8. Operation of Program. 

    (a) At the time of application or redetermination of 
eligibility under
Article IV, as determined by rule, the 
Illinois Department shall provide
information in writing and 
orally regarding the education, training and
employment 
program to all applicants and recipients.  The information

required shall be established by rule and shall include, but 
need not be
limited to:


        (1) education (including literacy training), 
    employment and training
opportunities available, the 
    criteria for approval of those opportunities,
and the right 
    to request changes in the personal responsibility and

    services plan to include those opportunities;


        (1.1) a complete list of all activities that are 
    approvable activities, and
the circumstances under which 
    they are
approvable, including work activities, substance 
    abuse or mental health
treatment, activities to escape and 
    prevent domestic
violence, caring for a medically impaired 
    family member, and any other
approvable activities, 
    together with the right to and
procedures for amending the 
    responsibility and services plan to include these

    activities;


        (1.2) the  rules concerning the lifetime limit on 
    eligibility, including
the current status of the applicant 
    or recipient in
terms of the months of remaining 
    eligibility, the criteria under which a month
will not 
    count towards the lifetime limit, and the
criteria under 
    which a recipient may receive benefits beyond the end of 
    the
lifetime limit;


        (2) supportive services including child care
and the 
    rules regarding eligibility for and access to the child

    care assistance program, transportation, initial expenses 
    of employment, job
retention, books and fees, and any other 
    supportive
services;


        (3) the obligation of the Department to provide 
    supportive services;


        (4) the rights and responsibilities of participants, 
    including
exemption, sanction, reconciliation, and good 
    cause criteria and
procedures, termination for 
    non-cooperation
and reinstatement rules and procedures, 
    and appeal and grievance procedures;
and


        (5) the types and locations of child care services.

    (b) The Illinois
Department shall notify the recipient in 
writing of the opportunity to
volunteer to participate in the 
program.

    (c) (Blank).

    (d) As part of the personal plan for achieving employment 
and
self-sufficiency, the Department shall conduct an 
individualized assessment
of
the
participant's employability.    
No participant may be assigned to any
component of the 
education, training and employment activity
prior to such

assessment.  The plan shall
include collection of
information
on 
the individual's background, proficiencies, skills 
deficiencies,
education level, work history, employment goals, 
interests, aptitudes, and
employment preferences, as well as 
factors affecting employability or
ability to meet 
participation requirements (e.g., health, physical or
mental 
limitations, child care, family circumstances, domestic 
violence, sexual violence,
substance abuse, and special needs 
of any child of the individual).   As part
of the plan,

individuals and Department staff shall work together to 
identify any
supportive service needs required to enable the 
client to participate and
meet the objectives of his or her 
employability plan. The
assessment may be conducted through 
various methods such as interviews,
testing, counseling, and 
self-assessment instruments.  In the
assessment process, the 
Department shall offer to include standard
literacy testing
and 
a determination of
English language proficiency and shall 
provide it for those who accept the
offer.
Based on the 
assessment,
the
individual will be assigned to the appropriate 
activity.  The
decision will be based on a determination of the 
individual's level of
preparation for employment as defined by 
rule. 

    (e) Recipients determined to be exempt may volunteer to 
participate
pursuant to Section 9A-4 and must be assessed.

    (f) As part of the personal plan for achieving employment 
and
self-sufficiency under Section 4-1, an employability plan 
for recipients
shall be
developed in
consultation with the 
participant.  The Department shall have final
responsibility 
for approving the employability plan.  The employability
plan 
shall:


        (1) contain an employment goal of the participant;


        (2) describe the services to be provided by the 
    Department, including
child care and other support 
    services;


        (3) describe the activities, such as component 
    assignment, that will be
undertaken by the participant to 
    achieve the employment goal; and


        (4) describe any other needs of the family that might 
    be met by
the Department.

    (g) The employability plan shall take into account:


        (1) available program resources;


        (2) the participant's support service needs;


        (3) the participant's skills level and aptitudes;


        (4) local employment opportunities; and


        (5) the preferences of the
participant.

    (h) A reassessment shall be conducted to assess a 
participant's
progress and to review the employability plan on 
the following occasions:


        (1) upon completion of an activity and before

    assignment to an activity;


        (2) upon the request of the participant;


        (3) if the individual is not cooperating with the 
    requirements of
the program; and


        (4) if the individual has failed to make satisfactory 
    progress in an
education or training program.

    Based on the reassessment, the Department may revise the 
employability
plan of the participant.

(Source: P.A. 93-598, eff. 8-26-03.)

 

    Section 99. Effective date. This Act takes effect July 1, 
2010.