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91_HB0650ham001
LRB9104312SMdvam01
1 AMENDMENT TO HOUSE BILL 650
2 AMENDMENT NO. . Amend House Bill 650 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by adding
5 Section 1-12."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 adding Section 1-12 as follows:
10 (305 ILCS 5/1-12 new)
11 Sec. 1-12. Domestic violence option.
12 (a) Findings. The General Assembly finds that:
13 (1) domestic violence may make it difficult for
14 some individuals to attain economic self-sufficiency; and
15 (2) no individual or family should be unfairly
16 penalized because past or present domestic violence or
17 the risk of domestic violence causes them to fail to
18 comply with requirements for assistance.
19 (b) Definition of domestic violence. For purposes of
20 this Section:
21 "Domestic violence" means battering or subjecting a
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1 person to extreme cruelty by (i) physical acts that result in
2 or threaten to result in physical injury; (ii) sexual abuse;
3 (iii) sexual activity involving a dependent child; (iv)
4 forcing the person to participate in nonconsensual sexual
5 acts or activities; (v) threats of, or attempts at, physical
6 or sexual abuse; (vi) mental abuse; or (vii) neglect or
7 deprivation of medical care.
8 (c) Protection of applicants and recipients who are
9 victims of domestic violence. In recognition of the reality
10 of domestic violence for many individuals who may need
11 Temporary Assistance for Needy Families (TANF), the State of
12 Illinois adopts the Domestic Violence Option of Section
13 402(a)(7) of the Social Security Act.
14 The Department of Human Services, in operation of the
15 TANF program under Article IV, shall:
16 (1) Screen and identify applicants and recipients
17 of assistance for TANF who are past or present victims of
18 domestic violence or at risk of further domestic
19 violence, while maintaining confidentiality.
20 (2) Refer these individuals for counseling and
21 supportive services.
22 (3) Waive, pursuant to a determination of good
23 cause, any program requirements that would make it more
24 difficult for these individuals to escape domestic
25 violence or unfairly penalize past or present victims of
26 domestic violence or those at risk of further domestic
27 violence, such as time limits on receiving assistance,
28 paternity establishment, child support cooperation
29 requirements, residency requirements, and family cap
30 provisions. When granting waivers under this Section,
31 the Department shall determine a specific relationship
32 between the domestic violence suffered by the client and
33 the need to waive a requirement because domestic violence
34 makes it more difficult or impossible for the client to
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1 meet the requirement.
2 In addition, the Department shall, in the assessment
3 process to develop a personal plan for self-sufficiency, take
4 the factor of domestic violence into account in determining
5 the work, education, and training activities that are
6 appropriate, including temporarily waiving any work,
7 education, or training requirement, and in establishing good
8 cause for failure to cooperate in the plan.
9 (d) Evidence of domestic violence. Allegations of
10 domestic violence by a victim shall be corroborated by
11 further evidence. Evidence may include, but is not limited
12 to, police, governmental agency, or court records;
13 documentation from a shelter worker, legal, clerical,
14 medical, or other professional from whom the applicant or
15 recipient has sought assistance in dealing with domestic
16 violence; or other corroborating evidence, such as a
17 statement from any other individual with knowledge of the
18 circumstances which provide the basis for the claim, physical
19 evidence of domestic violence, or any other evidence that
20 supports the statement.
21 That an applicant or recipient is a past or present
22 victim of domestic violence or at risk of further domestic
23 violence may be established at any time.
24 (e) An applicant or recipient may decline to participate
25 in services specifically directed at domestic violence, or
26 may terminate participation in such services, without penalty
27 or sanction.
28 (f) The Department shall develop and monitor policies
29 and procedures to comply with this Section. Those policies
30 and procedures include, but are not limited to,
31 identification of victims of domestic violence, notification
32 to applicants and recipients, maintaining confidentiality,
33 referral to services, granting waivers, determining evidence
34 of domestic violence, and training of the Department's
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1 employees.
2 (305 ILCS 5/4-22 rep.)
3 Section. 10. The Illinois Public Aid Code is amended by
4 repealing Section 4-22.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".