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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0650eng HB0650 Engrossed LRB9104312SMdv 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. Domestic 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; and 12 (2) no individual or family should be unfairly 13 penalized because past or present domestic violence or 14 the risk of domestic violence causes them to fail to 15 comply with requirements for assistance. 16 (b) Definition of domestic violence. For purposes of 17 this Section: 18 "Domestic violence" means battering or subjecting a 19 person to extreme cruelty by (i) physical acts that result in 20 or threaten to result in physical injury; (ii) sexual abuse; 21 (iii) sexual activity involving a dependent child; (iv) 22 forcing the person to participate in nonconsensual sexual 23 acts or activities; (v) threats of, or attempts at, physical 24 or sexual abuse; (vi) mental abuse; or (vii) neglect or 25 deprivation of medical care. 26 (c) Protection of applicants and recipients who are 27 victims of domestic violence. In recognition of the reality 28 of domestic violence for many individuals who may need 29 Temporary Assistance for Needy Families (TANF), the State of 30 Illinois adopts the Domestic Violence Option of Section HB0650 Engrossed -2- LRB9104312SMdv 1 402(a)(7) of the Social Security Act. 2 The Department of Human Services, in operation of the 3 TANF program under Article IV, shall: 4 (1) Screen and identify applicants and recipients 5 of assistance for TANF who are past or present victims of 6 domestic violence or at risk of further domestic 7 violence, while maintaining confidentiality. 8 (2) Refer these individuals for counseling and 9 supportive services. 10 (3) Waive, pursuant to a determination of good 11 cause, any program requirements that would make it more 12 difficult for these individuals to escape domestic 13 violence or unfairly penalize past or present victims of 14 domestic violence or those at risk of further domestic 15 violence, such as time limits on receiving assistance, 16 paternity establishment, child support cooperation 17 requirements, residency requirements, and family cap 18 provisions. When granting waivers under this Section, 19 the Department shall determine a specific relationship 20 between the domestic violence suffered by the client and 21 the need to waive a requirement because domestic violence 22 makes it more difficult or impossible for the client to 23 meet the requirement. 24 In addition, the Department shall, in the assessment 25 process to develop a personal plan for self-sufficiency, take 26 the factor of domestic violence into account in determining 27 the work, education, and training activities that are 28 appropriate, including temporarily waiving any work, 29 education, or training requirement, and in establishing good 30 cause for failure to cooperate in the plan. 31 (d) Evidence of domestic violence. Allegations of 32 domestic violence by a victim shall be corroborated by 33 further evidence. Evidence may include, but is not limited 34 to, police, governmental agency, or court records; HB0650 Engrossed -3- LRB9104312SMdv 1 documentation from a shelter worker, legal, clerical, 2 medical, or other professional from whom the applicant or 3 recipient has sought assistance in dealing with domestic 4 violence; or other corroborating evidence, such as a 5 statement from any other individual with knowledge of the 6 circumstances which provide the basis for the claim, physical 7 evidence of domestic violence, or any other evidence that 8 supports the statement. 9 That an applicant or recipient is a past or present 10 victim of domestic violence or at risk of further domestic 11 violence may be established at any time. 12 (e) An applicant or recipient may decline to participate 13 in services specifically directed at domestic violence, or 14 may terminate participation in such services, without penalty 15 or sanction. 16 (f) The Department shall develop and monitor policies 17 and procedures to comply with this Section. Those policies 18 and procedures include, but are not limited to, 19 identification of victims of domestic violence, notification 20 to applicants and recipients, maintaining confidentiality, 21 referral to services, granting waivers, determining evidence 22 of domestic violence, and training of the Department's 23 employees. 24 (305 ILCS 5/4-22 rep.) 25 Section. 10. The Illinois Public Aid Code is amended by 26 repealing Section 4-22. 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.