TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.10 PROGRAM ADMINISTRATION
Section 130.10 Program
Administration
The Department provides services
directly and contracts with other State agencies and public and private
agencies for the provision of social services utilizing Title XX Social Service
Block Grant Funds, as provided in Title XX of the Social Security Act (42
U.S.C. 1397 et seq.).
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.15 DEFINITIONS
Section 130.15 Definitions
"Community Services Agreement"
means the agreement between the Department and a provider of social services
detailing the activities to be performed by the provider and the manner and
amount of payment a provider is to receive.
"Donated Funds
Initiative" means the funding mechanism established by the State to make
federal funds available to local service providers on a cost sharing basis
through the Local Initiative Fund or the Special Purposes Trust Fund.
"In-kind Contributions"
means property or services that benefit a federally assisted project or program
and that are contributed by non-federal sources or allowable sources without
charge to the grantee, or a cost reimbursement type contractor under the
Community Services Agreement.
"Local Initiative Fund"
means the State account, established outside the treasury, used to receive and
disburse federal funds to be utilized to reimburse contract social service
providers for services provided.
"Public" means local
governmental units, i.e., cities, counties, townships, villages, colleges/universities,
and/or mental health boards.
"Report on Projected
Expenditures for the Title XX Social Services Block Grant" means the
report that describes the intended use of funds made available through the
Title XX Social Services Block Grant.
"Service Provider" means
any entity that provides social services either directly or through contract
with the Department or through subcontract.
"Social Services" means
services included and defined in the State of Illinois Report on Projected
Expenditures for the Title XX Social Services Block Grant.
"Sponsoring Agency" means
any State department described in the Report on Projected Expenditures for the
Title XX Social Services Block Grant as collaborating with the Department in
planning for the provision of social services under the auspices of the Title
XX Social Services Block Grant.
"Title V"
means the Maternal and Child Health Services Block Grant.
"Title XVIII"
means the Health Insurance for the Aged and Disabled.
"Title XIX"
means Grants to States for Medical Assistance programs.
"Title XX Social Services
Block Grant" means the consolidated federal assistance granted to states
in a single grant, increasing state flexibility in using social service grants,
and encouraging each state, as far as practicable, to furnish services directed
at one or more of the five national goals.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.20 GOAL OF SERVICES
Section 130.20 Goal of Services
The Department shall determine the services it intends to
provide with the Title XX Social Services Block Grant Funds. Services must be
directed at one or more of the following national goals:
a) achieving
or maintaining economic self-support to prevent, reduce or
eliminate dependency;
b) achieving
or maintaining self-sufficiency, including reduction or prevention of
dependency;
c) preventing
or remedying neglect, abuse or exploitation of children and adults unable to
protect their own interests, or preserving, rehabilitating or reuniting
families;
d) preventing
or reducing inappropriate institutional care by providing for community-based
care, home-based care or other forms of less intensive care; and
e) securing
referral or admission for institutional care when other forms of care are not
appropriate or providing services to individuals in institutions.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.25 SERVICE ACTIVITIES
Section 130.25 Service
Activities
The Department shall provide
each sponsoring agency with a description of all such service activities for
inclusion in the Report on Projected Expenditures for the Title XX Social
Services Block Grant. Examples of the service activities include, but are not
limited to, counseling, employment and training, transportation, health
support, community maintenance, child care, and rehabilitation and treatment
for substance abuse.
(Source: Amended at 27 Ill.
Reg. 9452, effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.30 EXPENDITURE OF BLOCK GRANT FUNDS
Section 130.30 Expenditure of Block Grant Funds
Expenditures for social services that are used as a basis
for claiming the annual federal allocation of the Title XX Social Services
Block Grant program funds may include expenditures for:
a) administration
(including planning and evaluation);
b) personnel
training and retraining directly related to the provision of services included
in the Report on Projected Expenditures for the Title XX Social Services Block
Grant; and
c) conferences
or workshops and training or retraining through grants to non-profit
organizations within the meaning of Section 501(c)(3) of the Internal Revenue
Code or to individuals with social services expertise, or through financial
assistance to individuals participating in such conferences, workshops,
and training or retraining.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.35 LIMITATIONS ON SERVICES AND EXPENDITURES
Section 130.35 Limitations
on Services and Expenditures
Pursuant to 42 USC 1397d, funds
made available through the Title XX Social Services Block Grant may not be
used:
a) for the purchase or improvement of land, or the purchase,
construction, or permanent improvement (other than minor remodeling) of any
building or other facility;
b) for the provision of cash payments for costs of subsistence or
for the provision of room and board (other than costs of subsistence during
rehabilitation, room and board provided for a short term as an integral but
subordinate part of a social service, or temporary emergency shelter provided
as a protective service) 45 CFR 96.71(a) (2001);
c) for the provision of medical care (other than family planning
services, rehabilitation services, or initial detoxification of an alcoholic or
drug dependent individual) unless it is an integral but subordinate part of a
social service for which grants may be used under Title XX;
d) for social services (except services to an alcoholic or drug
dependent individual or rehabilitation services) provided in and by employees
of any hospital, skilled nursing facility, intermediate care facility, or
prison, to any individual living in such institutions;
e) for the payment of the wages of any individual as a
social service (other than payments of the wages of welfare recipients employed
in the provision of child day care services);
f) for the provision of any educational service the State makes
generally available to residents without cost and without regard to income (the
School Code [105 ILCS 5/Art. 14]);
g) for any child day care services unless such services meet
applicable standards of State and local law (the Child Care Act
of 1969 [225 ILCS 10]);
h) for the provision of cash payments as a service (except as
otherwise provided in 42 USC 1937);
i) for the payment for any item or service (other than an
emergency item or service) furnished:
1) by an individual or entity during the period when the
individual or entity is excluded under Title XX, Title V, Title XVIII, or Title
XIX pursuant to 42 USC 1320a-7, 1320a-7a, 1320c-5 or 1395u(j)(2); or
2) at the medical direction or on the prescription of a physician
during the period when the physician is excluded under Title XX, Title V, Title
XVIIIa, or Title XIX pursuant to 42 USC 1320a-7, 1320a-7a, 1320c-5 or
1395u(j)(2) and when the person furnishing the item or service knew or had
reason to know of the exclusion after a reasonable time period and after
reasonable notice has been furnished to the person; or
j) in a manner inconsistent with the Assisted Suicide Funding
Restriction Act of 1997 (42 USC 14401 et seq.).
(Source: Amended at 27 Ill.
Reg. 9452, effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.40 ELIGIBILITY FOR SERVICES
Section 130.40 Eligibility For Services
a) The
Department, through the Report on Projected Expenditures for the Title XX
Social Services Block Grant, shall define the criteria on which eligibility for
services so provided will be based.
b) The
service provider shall further define the characteristics for the population to
be served in accordance with the mission or inherent responsibility of the
sponsoring agency as promulgated in official policy and/or State administrative
rule, as appropriate, for the sponsoring agency.
c) Standards for eligibility
shall be based on:
1) characteristics
of the individuals to be served that are verifiable (i.e., age, residence,
handicap, or area of residence); and/or
2) common
characteristics of individuals that would document a need for the service to be
provided, as directed by the sponsoring agency; and/or
3) eligibility
for child care for children may be based on family income. Fees may be
assessed for this service in accordance with State law and administrative
policies of the Department.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.45 OPPORTUNITY TO APPLY FOR AND RECEIVE SERVICES
Section 130.45 Opportunity to Apply For and Receive
Services
a) Service
providers shall provide each individual wishing to do so an opportunity to
apply for services offered through the Title XX Social Services Block Grant.
b) To
the extent that financial and program resources are available, all service
providers shall provide services to clients determined eligible in accordance
with established criteria.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.46 CLIENT CASE RECORDS
Section 130.46 Client Case
Records
Service providers participating
in the Title XX Social Services Block Grant must maintain client case record
information set forth in the contractual agreements. Examples of the case
record documentation include, but are not limited to, intake, assessment of
service needs, reassessment of service needs, and service plans.
(Source: Amended at 27 Ill.
Reg. 9452, effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.50 PURCHASE OF SERVICES
Section 130.50 Purchase of Services
The Department may purchase
social services for eligible clients through the Title XX Social Services Block
Grant under the following conditions:
a) A written contractual agreement must be executed between the
Department and the service provider that meets all requirements of the Illinois
Procurement Code [30 ILCS 500] and federal regulations (45 CFR 96, 2001)
established for the administration of the Title XX Social Services Block Grant
program.
b) The service provider is subject to audit under terms of the
contractual agreement in accordance with 42 USC 1397(e) and Section 130.85 of
this Part.
(Source: Amended at 27 Ill.
Reg. 9452, effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.60 RECORD RETENTION
Section 130.60 Record Retention
a) Service
providers must assure the maintenance of records as enumerated in the
contractual agreement, necessary for the proper and efficient administration of
services provided with Title XX Social Services Block Grant funds.
b) In
accordance with the contractual agreement, all records shall be maintained for
a period of five years beyond the close of the fiscal year in which the
expenditures occurred, unless there is an audit in which case the records shall
be maintained until the audit is concluded.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.70 FEES FOR PURCHASED SERVICES (REPEALED)
Section 130.70 Fees For Purchased
Services (Repealed)
(Source: Repealed at 27 Ill.
Reg. 9452, effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.71 FEES FOR SERVICES PROVIDED THROUGH GRANTS-IN-AID (REPEALED)
Section 130.71 Fees For Services Provided Through
Grants-In-Aid (Repealed)
(Source: Repealed at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.80 REPORTING REQUIREMENTS
Section 130.80 Reporting
Requirements
Annually service providers shall
provide the Department, in a manner set forth in the contractual agreements,
with reports pertaining to activities carried out with Title XX Social Services
Block Grant funds. The Department reserves the right to require additional
reporting based on data collection needs.
(Source: Amended at 27 Ill.
Reg. 9452, effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.85 REPORTING AND AUDIT REQUIREMENTS
Section 130.85 Reporting and Audit Requirements
a) The
Department shall, not less frequently than every two years, cause the records
of expenditures and services delivered by service providers receiving Title XX
Social Services Block Grant funds to be audited in a manner set forth in the contractual
agreements.
b) Such
audits shall be conducted by an independent entity in accordance with generally
accepted auditing standards, Government Auditing Standards (1988) and OMB
Circular A-133 "Audits of States, Local Governments, and Non-Profit
Organizations".
c) A
representative sample of service providers' client case records shall be tested
for compliance with reporting requirements established in Section 130.46 of
this Part and reconciled to monthly service reports forwarded to the
Department.
d) For
those contracts requiring the service provider to obtain/provide matching
funds, a representative sample of the service providers' matching fund
receipts/transfers shall be tested for compliance with the requirements
established in Subpart B, Sections 130.150 through 130.160 of this Part.
(Source: Added at 27 Ill.
Reg. 9452, effective June 9, 2003)
SUBPART B: LOCAL INITIATIVE FUND PROGRAM
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.100 APPLICABILITY OF OTHER SECTIONS
Section 130.100 Applicability of Other Sections
Subpart A of this Part is applicable to the Local Initiative
Fund.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.110 OVERVIEW
Section 130.110 Overview
a) The
Local Initiative Fund was established to make a portion of the Title XX Social
Services Block Grant monies received by the Department available to local
public and private service providers. This fund is also the mechanism for
funding the Donated Funds Initiative.
b) The
Department will make use of the Local Initiative Fund as governed by the
appropriations authority established by the Illinois General Assembly (Section
12-10.1 of the Illinois Public Aid Code [305 ILCS 5/12-10.1]) for the purpose
of purchasing social services. This authority is through the appropriation
from the Local Initiative Fund, which is the designated account into which the
Department receives federal funds and out of which it reimburses up to 75% of the
costs of services provided under the Donated Funds Initiative.
c) The
Department shall decide if and when to co-fund service programs utilizing
locally generated funds for a portion of the service program. This decision
will be based upon the ability of the provider to assure the availability of
the co-payment share, the eligibility of the services to be provided, past
experience with the provider in the provision of services, record keeping and
general contractual compliance, availability of State and federal funds, the
need for the service in the geographic area as evidenced by research available
to the Department concerning the need for services, the recommendations of
sponsoring agencies and the best interests of the client population. The
Department reserves the right to unconditionally refuse to contract with any
provider. Opportunities may be made available to sponsoring agencies to solicit
proposals from service providers under the donated funds initiative, through
issuance of a Request for Proposal at such times as funds are available due to
increases in the agency's allocation or the withdrawal of an existing provider.
All the conditions for funding must be approved by the Department
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.120 PROGRAM ADMINISTRATION
Section 130.120 Program Administration
a) The
Local Initiative Fund is administered by the Department through contracts with
public and private non-profit agencies that provide social services to people
who are elderly, people with developmental disabilities, neglected children and
adults, people with physical disabilities, offenders and ex-offenders, victims
of domestic violence and other low-income individuals.
b) Public
and private non-profit service providers are subject to the supervision of the
Department for the management of the Donated Funds Initiative program.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.130 REQUEST FOR PROPOSAL
Section 130.130 Request For Proposal
If previously obligated or new funds are made available, the
Department may prepare a Request for Proposal, in accordance with Central
Management Services Standard Procurement rules (44 Ill. Adm. Code 1). The
Request for Proposal will contain information that describes the Donated Funds
Initiative including the 25% (10% for family planning services) match
requirement, the services to be provided, the target population, the activities
that may be expected of the service provider and the Department and the
evaluation criteria.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.140 SPONSORING AGENCY RESPONSIBILITIES
Section 130.140 Sponsoring Agency Responsibilities
Each sponsoring agency must:
a) Provide
reasonable and necessary technical assistance to applicants (i.e.,
clarifications and instructions on completing materials);
b) Advise
the Department of changes in programs or targeted client populations that may
require revisions in the Report on Projected Expenditures for the Title XX
Social Services Block Grant; and
c) Assure
that each service provider receives instructions and all necessary forms to
document and report service provision and financial information and, where
applicable, determine eligibility.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.150 FUNDING MECHANISM
Section 130.150 Funding Mechanism
Public or private not-for-profit agencies providing services
funded through the Local Initiative Fund are required to provide cash and
in-kind contributions for 25% of the cost of the program being funded (10% in
the case of family planning services). No more than 15% (4% in the case of
family planning services) of the total cost of the program may be represented
by in-kind contributions. The other 75% (90% in the case of family planning services)
is made available from federal funds provided through the Title XX Social
Services Block Grant.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.152 SOURCES OF LOCAL FUNDS
Section 130.152 Sources of Local Funds
a) Local
funds constitute 25% (10% for family planning services) share of expenditures
when the funds are provided for in either of two ways:
1) Transferred
Funds or In-kind Contributions – Contributing non‑federal agencies or
individuals make cash transfers of funds directly to the service provider for
subsequent expenditure on services or qualifying non-cash contributions. These
funds/contributions must be placed in separate accounts, or otherwise
separately identified along with the State's share of the funds identified in
the Donated Funds Initiative agreement.
2) Certification
of Expended Funds – Public agencies may certify that their expenditures were
for Title XX eligible services to eligible individuals.
b) In
subsection (a)(1), the funds/contributions are donated by or to the provider
and are under the provider's administrative control prior to billing the
Department. The value of third-party, in-kind goods and services must be
verifiable in the service provider’s records and directly benefit, and be
specifically identifiable to, the project or program. In subsection (a)(2), no
transfer takes place; rather, the contributing public agency retains the
administrative control and certifies to the State that 100% of the costs
reported to the Department were incurred for Title XX eligible services. In
turn, the State reimburses the agency for 75% (90% for family planning services)
of the service costs.
c) Local
public agencies whose co-payment share (or certified expenditures) are derived
from sources in addition to their own tax generated monies must segregate
private sources from public sources of funds, and all funds must be
unencumbered at the time of utilization in the program and meet all federal l
and State restrictions. Otherwise, funds from private vendors must be regarded
as private funds and are not subject to certification.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.154 SOURCES OF LOCALLY GENERATED FUNDS AND IN-KIND CONTRIBUTIONS USED TO MATCH TITLE XX FUNDS
Section 130.154 Sources of Locally Generated Funds and
In-kind Contributions Used to Match Title XX Funds
a) In-kind
contributions or co-payment funds from private or public sources may not be
derived from restricted federal or State funds, nor may they be used as the
match for other federal or State programs.
b) Funds
derived from this program may not be used as match to gain additional federal or
State funds except as provided by law.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.158 DONOR RESTRICTIONS ON DONATIONS (REPEALED)
Section 130.158 Donor Restrictions on Donations
(Repealed)
(Source: Repealed at 9 Ill. Reg.
8645, effective May 22, 1985)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.160 REIMBURSEMENT PROCESS DONATIONS (TRANSFERRED FUNDS OR CO PAYMENTS)
Section 130.160 Reimbursement Process – Donations
(Transferred Funds or Co‑Payments)
a) Contributing
public or private agencies make cash transfers or establish special accounts or
ledgers equal to 25% (10% for family planning services) of their contract.
b) No
payment will be made to a provider without documentation that 25% (10% for
family planning services) of the vouchered amount (local match) has been
received by the provider and is in a separate account or separately identified
in the provider's books. The service provider will then be reimbursed by the
State for 75% (90% for family planning services) of the eligible amount. All
agreements and requirements for the reimbursement process are contained in the
Community Services Agreement.
c) In the event costs are
determined inappropriate for claiming:
1) The
State will assume financial responsibility for the 75% (90% for family planning
services) share when the Department has determined through audit procedures
that the reason for the deferral, disallowance or costs that are determined
inappropriate for claiming is not directly related to a violation of the
Community Services Agreement by the service provider.
2) The
service provider must assume full financial responsibility if a violation of
the agreement requirements by the service provider has occurred, as determined
by the Secretary of the Department.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.161 ADVANCE DISBURSEMENT SYSTEM (REPEALED)
Section 130.161 Advance
Disbursement System (Repealed)
(Source: Repealed at 27 Ill.
Reg. 9452, effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.162 REIMBURSEMENT PROCESS (CERTIFICATION OF EXPENDED FUNDS)
Section 130.162 Reimbursement Process (Certification of
Expended Funds)
a) Public
agencies may certify that they made expenditures for Title XX eligible services
to eligible clients. Certification of expenditures involves no cash transfer.
The certifying agency provides the 25% (10% for family planning services) match
by providing for 100% of the costs and is then reimbursed by the State for 75%
(90% for family planning services) of the eligible expenditures. All
agreements and requirements for the reimbursement process are contained in the
Community Services Agreement.
b) Financial
liability resulting from a deferral or disallowance or a determination that
costs are not eligible for reimbursement must be borne solely by the certifying
public agency.
(Source: Amended at 27 Ill. Reg. 9452,
effective June 9, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.170 ASSIGNMENT OF BUDGET COSTS (REPEALED)
Section 130.170 Assignment of Budget Costs (Repealed)
(Source: Repealed at 27 Ill. Reg. 9452,
effective June 9, 2003)
SUBPART C: DOMESTIC VIOLENCE PROGRAM
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.200 DOMESTIC VIOLENCE SHELTER AND SERVICE PROGRAMS
Section 130.200 Domestic
Violence Shelter and Service Programs
a) The Department shall fund domestic violence programs from the
Domestic Violence Shelter and Service Fund, General Revenue Fund, and the Local
Initiative Fund, and other appropriated funds.
b) Delivery of services shall be provided by local private
not-for-profit or public agencies throughout the State which:
1) Meet State and local health, safety and zoning requirements;
2) Can provide a broad range of quality services and referrals to
victims of domestic violence; and
3) Assure the health and safety of victims of domestic violence.
c) To receive funds, a direct service provider must provide
matching funds at a percentage level of the cost of the program being funded,
as identified in the program proposal submitted to and accepted by the
Department. The percentage level of matching funds shall be calculated and
applied annually by the Department, and shall be a weighted average based upon
total levels of appropriated funding sources, and the required match for each
source. The required match for Local Initiative funds is 25%. The required match
for Domestic Violence Shelter and Service Funds and General Revenue Funds is
13% cash or in-kind, with not more than 6.5% representing in-kind contributions
(except those funds governed by P.A. 86-0559).
d) The Department shall establish a Domestic Violence Advisory
Council and shall receive recommendations from the Council on the provision of
services to domestic violence victims and on program funding. No person who has
a conflict of interest may participate in recommendations regarding program funding.
(Source: Amended at 16 Ill. Reg. 13292, effective September 1, 1992)
SUBPART D: DISTRIBUTION OF FEDERAL SURPLUS COMMODITIES
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.300 PROGRAM ADMINISTRATION
Section 130.300 Program
Administration
a) The Department shall administer a program for the distribution
of Federal Commodities to needy individuals and households made available in
The Emergency Food Assistance Program (TEFAP) (7 CFR 250 and 251) by
contracting with private, not-for-profit agencies to establish a statewide
network for emergency feeding and commodity distribution.
b) In no instance may fees be assessed against recipients of
commodities under the program.
c) The receipt of commodities under this program shall not affect
an individual's or household's eligibility for assistance under any other
program administered by the Department, and the commodities received shall not
be considered as income in determining the level of assistance program benefits
to which the individual or household may be entitled.
d) Participation in political or religious activities or
affiliation with any organization shall not be made a condition of eligibility
to receive commodities.
e) Individuals and households shall be eligible to receive
Federal Commodities if they meet the following criteria:
1) reside in Illinois; and
2) have individual or household income that is no greater than
130% of the federal poverty income levels published annually in the Federal
Register by the U.S. Department of Health and Human Services.
(Source: Amended at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.301 DEFINITIONS (REPEALED)
Section 130.301 Definitions
(Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.302 ALLOCATION METHODOLOGY FOR FEDERAL SURPLUS COMMODITIES (REPEALED)
Section 130.302 Allocation
Methodology for Federal Surplus Commodities (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.310 DISTRIBUTION NETWORK AGENCIES (REPEALED)
Section 130.310 Distribution
Network Agencies (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.311 LOCAL DISTRIBUTION CENTERS (REPEALED)
Section 130.311 Local
Distribution Centers (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.312 LIABILITY OF DISTRIBUTION NETWORK AGENCIES (REPEALED)
Section 130.312 Liability of
Distribution Network Agencies (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.313 REPORTS AND MAINTENANCE OF RECORDS (REPEALED)
Section 130.313 Reports and
Maintenance of Records (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.314 PAYMENT FOR DISTRIBUTION (REPEALED)
Section 130.314 Payment for
Distribution (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.315 SECOND HARVEST SHARED MAINTENANCE FEES (REPEALED)
Section 130.315 Second
Harvest Shared Maintenance Fees (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.320 ELIGIBILITY TO RECEIVE COMMODITIES (REPEALED)
Section 130.320 Eligibility
to Receive Commodities (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.321 ISSUE RATES OF COMMODITIES (REPEALED)
Section 130.321 Issue Rates
of Commodities (Repealed)
(Source: Repealed at 24 Ill. Reg. 13669, effective August 23, 2000)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.322 GENERAL PROGRAM AND PROVIDER REQUIREMENTS
Section 130.322 General
Program and Provider Requirements
a) Program Reports
1) The provider shall submit reports to the Department no later
than 21 days after the end of each month.
2) The monthly report will include the following information:
A) a completed DHS 3121, Foodbank Monthly Report, containing a
record of all commodities received and dispersed, the total number of
households and meals served, beginning and ending inventory information and a
statement of total net weight pounds of commodities distributed;
B) a copy of the USDA shipping notices and/or invoices from the Department
contracted warehouse and trucking company; and
C) a completed DHS monthly expenditure report.
3) Further food deliveries or payments may not be made if the
required reports are not submitted within the specified time frames.
b) Distribution
1) Selection of Distribution Sites
A) The provider shall have the right to enter into written
subcontracts with distribution sites for the purpose of assisting in the
distribution of foods received under this program. DHS reserves the right to
approve all sites subcontracted for distribution of commodities.
B) The provider has responsibility for distributing commodities to
the distribution site; monitoring distribution site activities for compliance
with all applicable rules, regulations and policies; and training distribution
site staff.
C) All agreements with distribution sites shall be in writing and
a copy of the agreement shall be available for review by DHS.
D) The Department is to be notified immediately, in writing, of
distribution site additions or cancellations. The Department reserves the
right to exclude any distribution site from program participation.
2) Operating Hours
The provider
will be required to submit to the Department the operating schedule for each
distribution site in the program. Sites must be open a minimum of 2 hours
weekly unless a specific exemption is granted to the site by the Department as
a rural exemption.
3) Allocation Plan
A) The provider will provide each county in its service area the
amount of USDA commodities as specified in the Department's monthly allocation
notices.
B) The provider must have an allocation plan based upon objective
service data to determine the amount of commodities that distribution sites
within each county receive. Service data includes the number of households or
individuals served in food pantries and the number of meals served in soup
kitchens.
4) Public Outreach
The provider
and its distribution sites must conduct public outreach activities throughout
its jurisdiction that encourage participation and inform potential participants
of the availability and hours of operation of the distribution site.
5) Recipient Eligibility
The provider
must agree to adhere to the income eligibility guidelines as specified by the
Department as a basis for the determination of eligible households.
6) Monitoring of Distribution Sites
A) The provider is responsible for program oversight of contracted
distribution sites.
B) The provider must assure that commodities reach eligible
households and individuals without waste or fraud.
C) All distribution sites under contract with the provider must be
monitored at least once every two years by the provider.
7) Receipt, Storage and Delivery Specifications
A) The provider will assure that all commodities are held in a
secure, adequate and proper storage facility prior to distribution.
B) The provider will comply with storage directives, fact sheets,
and storage handbooks as compiled and issued by USDA, Rules and Regulations of
the Illinois Department of Public Health, Division of Food and Drugs, and any
specific directions of the Department.
C) The Department reserves the right to approve commodity
distribution sites and storage facilities prior to awarding any contract and
during the contract year.
c) Administrative Recordkeeping
1) The provider shall maintain accurate and complete books and
records pertaining to the provider's operations.
2) The records shall include, but not be limited to, commodity
receipts, disbursements, inventory controls, distribution site operations,
provider operational expenses and documentation of expenditures incurred.
3) Distribution sites are responsible for collecting the names,
addresses, and signatures of individuals receiving commodities and the client
attestation of income eligibility.
4) Distribution sites must report the number of households served
each month or the number of meals served each month, as applicable.
d) Department Monitoring
Representatives
of the Department may perform periodoc monitoring reviews, during normal
business hours, of the management practices, fiscal procedures or any other
aspects of the operations of the provider and its distribution sites.
e) Liability
1) The provider shall be responsible for the safekeeping of
commodities. This responsibility shall be limited to loss or damage caused by
failure to provide proper storage, care and handling.
2) The provider shall be responsible for assuring that
distribution sites provide proper handling, care and storage of commodities.
3) The provider will assume liability for loss of USDA donated
foods caused by failure to provide proper storage, care or handling; theft;
fire; and natural occurrences.
4) Losses at or above $100 must be immediately reported to the
Department.
5) The provider may be financially responsible for the value of
commodity losses.
f) The sale or other disposal of commodities into commercial
channels is strictly prohibited.
g) Complaints
The provider
shall maintain procedures for handling, investigating and resolving
complaints. All complaints shall be immediately forwarded to the Department.
The provider and all of its distribution sites further agree to cooperate fully
with the Department in the investigation of all complaints received in
connection with the distribution of commodities.
(Source: Added at 24 Ill. Reg. 13669, effective August 23, 2000)
SUBPART E: SERVICES FOR THE HOMELESS
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.400 EMERGENCY FOOD AND SHELTER PROGRAM
Section 130.400 Emergency
Food and Shelter Program
a) The Department shall provide for the delivery of services to
homeless persons (for definition of "homeless", see 89 Ill. Adm. Code
121.7(a)(3)).
b) The services will include one or more of the following
elements:
1) provision of emergency food and shelter to homeless persons;
2) provision of ancillary services (e.g., counseling, job
training, advocacy) to homeless persons; and
3) rehabilitation of new or existing buildings to create
additional shelter beds or to upgrade facilities for homeless persons.
c) To receive funds made available by the Department under this
Section, a service provider must supply cash or in-kind contributions (e.g.,
volunteer services) equal to 25% of the cost of the service program being
funded. No fees shall be assessed against recipients of services provided
through funds made available under this Section, unless specifically approved
by the Department. Recipients of services may be required to make non-financial
contributions to the service provider, e.g., light housekeeping, and meal
preparation.
d) Participation in or contributions to any service provider's
functions or activities not directly related to the provision of emergency food
and shelter services shall not be required as a condition of recipient
eligibility.
(Source: Added at 15 Ill. Reg. 16111, effective November 1, 1991)
SUBPART F: INCORPORATION BY REFERENCE
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.500 INCORPORATION BY REFERENCE
Section 130.500
Incorporation By Reference
Any rules or regulations of an
agency of the United States or of a nationally recognized organization or
association that are incorporated by reference in this Part are incorporated as
of the date specified, and do not include any later amendments or editions.
(Source: Amended at 15 Ill. Reg. 16111, effective November 1, 1991)
SUBPART G: ILLINOIS FARM TO FOOD BANK PROGRAM
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER c: SOCIAL SERVICES
PART 130
ADMINISTRATION OF SOCIAL SERVICE PROGRAMS
SECTION 130.600 ILLINOIS FARM TO FOOD BANK PROGRAM
Section 130.600 Illinois Farm to Food Bank Program
a) The Department shall administer the Illinois Farm to Food Bank
Program (Program) to help expand the availability of nutritious, locally
grown, raised, or processed foods originating from Illinois farmers for
Illinois' emergency food system. [305 ILCS 44/10(a)]
b) Foods acquired through the Program shall be surplus,
seconds, or market-grade quality levels and must be safe for consumption.
[305 ILCS 44/10(b)]
c) No fees may be assessed on foods from the Program to recipient
distribution sites or programs, nor to individuals or households.
d) Food banks that are part of the Statewide network for
emergency feeding and commodity distribution described in 89 Ill. Adm. Code 130.300
are eligible to participate.
e) The Secretary shall engage a not-for-profit entity from
Illinois' emergency food system to administer the Program (hereafter called
administering entity). The administering entity shall have statewide reach
and represent multiple food banks that source and distribute food to Illinois
food pantries and soup kitchens under the same authorities and standards as the
Emergency Food Assistance Program administered by the Department [305 ILCS
44/15].
f) Funding shall be allocated to each participating food bank
according to the allocation formula currently utilized for TEFAP (7 CFR 250 and
251). TEFAP uses a Fair-Share System which is based on poverty and
unemployment rates in each food bank's service area relative to the total for
the state. The administering entity may reallocate to the remaining
participating food banks any funding that is not accepted or obligated before
the end of the State fiscal year.
g) To receive funds made available by the Department under this
Section, a participating food bank shall provide a 100% match to Farm to Food
Bank resources with non-state funds. The match can be met through cash or
in-kind contributions. [305 ILCS 44/25(b)]
h) Program funds may be used for the acquisition and distribution
of food, administrative expenses, and capacity-building grants. No less
than 75% of available funds shall be dedicated to acquisition and distribution
of food, including, but not limited to:
1) Picking;
2) Packing;
3) Processing; and
4) Transportation. [305 ILCS 44/10(c)]
i) Program participants shall comply with the following
regulations:
1) The 2022 U.S. Food and Drug Administration (FDA) Food Code,
available at: https://www.fda.gov/media/164194/download;
2) The
Department of Public Health's Food Code (77 Ill. Adm. Code 750);
3) The
Food Handling Regulation Enforcement Act [410 ILCS 625]; and
4) Other specific directives issued by the Department (see
Section 130.322(b)(7)(B)).
j) The Program shall provide grants to improve capacity of
the emergency food system to allow for the proper transportation, storage, or
distribution of agricultural products to underserved areas. [305 ILCS
44/10(a)(2)] An underserved area is defined as a community that has not had
access or equitable access to food and is facing nutrition insecurity. The
Farm to Food Bank Advisory Council [305 ILCS 44/20] shall review and advise the
administering entity on capacity-building grants for:
1) Facility upgrades;
2) Equipment; or
3) Other applicable investments necessary to support the
objectives of the Program and allow for the proper pickup, storage, or
processing of agricultural products that expand the ability of Illinois'
emergency food system to access these products and better reach underserved
areas and underserved populations. [305 ILCS 44/30]
k) Non-State matching funds are required for capacity-building
grants; however, the administering entity may waive the matching requirement
unless the grant recipient is a food bank. Entities that participate in the
distribution of agricultural products to underserved communities shall be
eligible to receive capacity-building grants, including, but not limited to:
1) Agricultural entities (An "agricultural entity"
means a grower, producer, or processor of farm or dairy products, meat,
poultry, fruits and agricultural products that are grown, raised, harvested, or
processed in Illinois. [305 ILCS 44/5]);
2) Illinois-based aggregators,
3) Food banks; and
4) Private non-profit or public agencies that provide meals or
food to needy persons (such as food pantries, soup kitchens, hunger relief
centers, or other feeding programs).
l) Each participating food bank shall be given the option to:
1) Receive all or part of its funding allocation to contract
directly with agricultural entities; and
2) Elect for the administering entity to retain all or part of
the food bank's funding allocation to contract with agricultural entities on
behalf of the food bank.
m) The administering entity shall establish additional goals,
preferences, and incentives to advance equity, especially racial equity, in the
farm industry. Priority should be given to acquiring food from socially disadvantaged
farmers and ranchers, as defined in, the USDA Local Food Purchase Assistance
Cooperation Agreement Program (LFPA) Section 1005 (b)(3) of the American Rescue
Plan Act of 2021 (P.L. 117-2).
n) The administering entity shall:
1) Develop and submit to the Department an annual plan
outlining anticipated needs, outreach efforts, potential challenges, and any
changes that may affect the program from the prior year; and
2) Issue
and submit to the Department an annual report that summarizes the activity
from the prior year, including meeting the capacity-building and equity goals
of the program. [305 ILCS 44/15(b)(1) and (2)]
(Source: Added at 49 Ill. Reg. 7328,
effective May 9, 2025)
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