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Public Act 096-0866 |
HB1800 Enrolled |
LRB096 05473 DRJ 15539 b |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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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)
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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 |
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communication" as defined in Section 12-7.5 of the Criminal |
Code of 1961.
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(305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
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Sec. 4-1. Eligibility requirements. Financial aid in |
meeting basic maintenance requirements for a livelihood
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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.
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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.
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The Illinois Department shall advise every applicant for |
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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
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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
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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
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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.
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Failure of the client to follow through on the
personal plan |
for employment and self-sufficiency may be a basis for sanction
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under Section 4-21.
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(Source: P.A. 92-111, eff. 1-1-02.)
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(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
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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
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contributions in money, substance or services from other |
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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.
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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
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paragraph (2) of subsection (a) of Section 203 of the Illinois |
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Income Tax
Act.
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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.
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(Source: P.A. 91-676, eff. 12-23-99; 92-111, eff. 1-1-02.)
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(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.
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(305 ILCS 5/4-12) (from Ch. 23, par. 4-12)
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Sec. 4-12. Crisis assistance. Where a family has been (1) |
rendered homeless
or threatened with homelessness by fire, |
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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
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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
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hardships as the Illinois Department shall by rule define, the |
Illinois
Department may provide assistance to alleviate such
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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
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assistance for families found eligible within such
time limits |
as the Illinois Department shall by rule provide.
The Illinois |
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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.
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The Illinois Department by regulation shall specify the
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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
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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.
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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.
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(Source: P.A. 90-17, eff. 7-1-97.)
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(305 ILCS 5/4-22)
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Sec. 4-22. Domestic and sexual violence.
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(a) The assessment process to develop the personal plan for |
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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
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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.
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(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 |
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violence or an individual at risk of further domestic violence,
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whether provided by the victim or by a third party, will remain
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confidential.
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(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.
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(Source: P.A. 90-17, eff. 7-1-97; 91-759, eff. 1-1-01.)
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(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
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Sec. 9A-8. Operation of Program.
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(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
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required shall be established by rule and shall include, but |
need not be
limited to:
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(1) education (including literacy training), |
employment and training
opportunities available, the |
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criteria for approval of those opportunities,
and the right |
to request changes in the personal responsibility and
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services plan to include those opportunities;
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(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
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activities;
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(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;
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(2) supportive services including child care
and the |
rules regarding eligibility for and access to the child
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care assistance program, transportation, initial expenses |
of employment, job
retention, books and fees, and any other |
supportive
services;
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(3) the obligation of the Department to provide |
supportive services;
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(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
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(5) the types and locations of child care services.
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(b) The Illinois
Department shall notify the recipient in |
writing of the opportunity to
volunteer to participate in the |
program.
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(c) (Blank).
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(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
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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,
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individuals and Department staff shall work together to |
identify any
supportive service needs required to enable the |
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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.
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(e) Recipients determined to be exempt may volunteer to |
participate
pursuant to Section 9A-4 and must be assessed.
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(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:
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(1) contain an employment goal of the participant;
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(2) describe the services to be provided by the |
Department, including
child care and other support |
services;
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(3) describe the activities, such as component |
assignment, that will be
undertaken by the participant to |
achieve the employment goal; and
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(4) describe any other needs of the family that might |
be met by
the Department.
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(g) The employability plan shall take into account:
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(1) available program resources;
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(2) the participant's support service needs;
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(3) the participant's skills level and aptitudes;
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(4) local employment opportunities; and
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(5) the preferences of the
participant.
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(h) A reassessment shall be conducted to assess a |
participant's
progress and to review the employability plan on |
the following occasions:
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(1) upon completion of an activity and before
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assignment to an activity;
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(2) upon the request of the participant;
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(3) if the individual is not cooperating with the |
requirements of
the program; and
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(4) if the individual has failed to make satisfactory |
progress in an
education or training program.
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Based on the reassessment, the Department may revise the |
employability
plan of the participant.
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(Source: P.A. 93-598, eff. 8-26-03.)
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Section 99. Effective date. This Act takes effect July 1, |
2010.
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