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90_SB0933
305 ILCS 5/9A-8 from Ch. 23, par. 9A-8
Amends the Article of the Public Aid Code concerning an
education, training and employment program for AFDC
recipients. Makes stylistic changes in the Section
concerning operation of the program.
LRB9003388DJcd
LRB9003388DJcd
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 9A-8.
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 changing Section 9A-8 as follows:
7 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
8 Sec. 9A-8. Operation of Program.
9 (a) At the time of application or redetermination of
10 eligibility under Article IV of this Code, as determined by
11 rule, the Illinois Department shall provide information in
12 writing and orally regarding the education, training and
13 employment program to all applicants and recipients. The
14 information required shall be established by rule, and shall
15 include all information required by federal regulations,
16 including:
17 (1) education, employment and training
18 opportunities available;
19 (2) supportive services including child care;
20 (3) the obligation of the Department to provide
21 supportive services;
22 (4) the rights and responsibilities of
23 participants; and
24 (5) the types and locations of child care services.
25 (b) Within the time period required by federal law the
26 Illinois Department shall notify the recipient in writing of
27 the opportunity to volunteer to participate in the program.
28 (c) The Illinois Department shall provide an orientation
29 to each recipient who attends, which describes all rights and
30 responsibilities under the program. At the orientation
31 meeting the Department shall inform the participant of
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1 participation requirements, distribute a copy of the
2 Department handbook to participants and explain its contents.
3 The Department handbook shall contain program information
4 including the following:
5 (1) an overview of the Department's education and
6 training program;
7 (2) the exemption criteria and the procedure for
8 obtaining an exemption;
9 (3) a description of all components, eligibility
10 criteria, and specific participation requirements for
11 each component;
12 (4) general participation requirements;
13 (5) the support services available;
14 (6) the initial assessment process and reassessment
15 including review of the employability plan; and
16 (7) the result of the participant's failure to
17 cooperate without good cause.
18 Expenses for transportation and child care services shall
19 be provided to enable participants to attend the orientation
20 meeting, if requested.
21 (d) The Department shall conduct an individualized
22 assessment of the participant's employability. No
23 participant may be assigned to any component of the
24 education, training and employment program prior to such
25 assessment. The initial assessment shall include collection
26 of information on the individual's background, proficiencies,
27 skills deficiencies, education level, work history,
28 employment goals, interests, aptitudes, and employment
29 preferences, as well as factors affecting employability or
30 ability to meet participation requirements (for example e.g.,
31 health, physical or mental limitations, child care, family
32 circumstances and problems which may include the needs of any
33 child of the individual). In addition, facts relevant to a
34 determination of whether the individual qualifies for an
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1 exemption shall be elicited. A determination of whether the
2 individual qualifies for an exemption may take place at any
3 time the client requests or Department staff perceive a
4 reason for exemption during the individual's participation in
5 the program. As part of the assessment process, individuals
6 and Department staff shall work together to identify any
7 supportive service needs required to enable the client to
8 participate and meet the objectives of his or her
9 employability plan. The initial assessment may be conducted
10 through various methods such as interviews, testing,
11 counseling, and self-assessment instruments. The assessment
12 process shall include standard literacy testing and a
13 determination of English language proficiency. For those
14 individuals subject to a job search demonstration, there may
15 be an abbreviated assessment, as defined by rule, and neither
16 literacy testing nor a determination of English language
17 proficiency is required. Based on the initial assessment, the
18 individual will be assigned to the appropriate component
19 activity. The decision will be based on a determination of
20 the individual's level of preparation for employment as
21 defined by rule.
22 (e) Recipients determined to be exempt may volunteer to
23 participate pursuant to Section 9A-4 and must be assessed.
24 (f) An employability plan for recipients shall be
25 developed in consultation with the participant. The
26 Department shall have final responsibility for approving the
27 employability plan. The employability plan shall:
28 (1) contain an employment goal of the participant;
29 (2) describe the services to be provided by the
30 Department, including child care and other support
31 services;
32 (3) describe the activities, such as component
33 assignment, that will be undertaken by the participant to
34 achieve the employment goal; and
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1 (4) describe any other needs of the family that
2 might be met by the Department.
3 (g) The employability plan shall take into account:
4 (1) available program resources;
5 (2) the participant's support service needs;
6 (3) the participant's skills level and aptitudes;
7 (4) local employment opportunities; and
8 (5) to the maximum extent possible, the preferences
9 of the participant.
10 Additionally, the employability plan shall not be
11 considered a contract, final approval of the plan rests with
12 the Department and the participant shall be offered a copy of
13 the employability plan.
14 (h) A reassessment shall be conducted to assess a
15 participant's progress and to review the employability plan
16 on the following occasions:
17 (1) upon completion of a component activity and
18 before assignment to a component activity;
19 (2) upon the request of the participant;
20 (3) if the individual is not cooperating with the
21 requirements of the program; and
22 (4) if the individual has failed to make
23 satisfactory progress in an education or training
24 program.
25 Based on the reassessment, the Department may revise the
26 employability plan of the participant.
27 (Source: P.A. 89-6, eff. 3-6-95; 89-289, eff. 1-1-96; 89-626,
28 eff. 8-9-96.)