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92nd General Assembly

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Public Act 92-0111

HB3131 Enrolled                                LRB9201926WHcs

    AN ACT in relation to human services.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   2.  The   Mental   Health   and   Developmental
Disabilities   Administrative  Act  is  amended  by  changing
Sections 4.3 and 52 as follows:

    (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
    Sec. 4.3.  Site visits and inspections.
    (a)  (Blank).  Each facility under  the  jurisdiction  of
the Department shall be subject to a site visit at least once
during each biennium by the Citizens Council on Mental Health
and  Developmental  Disabilities as provided in Section 11A-7
of the Legislative Commission Reorganization Act of 1984,  as
now or hereafter amended.
    (b)  The  Department  shall  establish a system of annual
on-site inspections of each facility under its  jurisdiction.
The  inspections  shall  be  conducted  by  the  Department's
central office to:
         (1)  Determine  facility  compliance with Department
    policies and procedures;
         (2)  Determine  facility   compliance   with   audit
    recommendations;
         (3)  Evaluate  facility  compliance  with applicable
    federal standards;
         (4)  Review and follow  up  on  complaints  made  by
    community  mental  health  agencies and advocates, and on
    findings of the Human Rights Authority  division  of  the
    Guardianship and Advocacy Commission; and
         (5)  Review  administrative  and management problems
    identified by other sources.
(Source: P.A. 86-1013.)
    (20 ILCS 1705/52) (from Ch. 91 1/2, par. 100-52)
    Sec. 52.  The  Citizens  Council  on  Mental  Health  and
Developmental  Disabilities  shall  monitor  the Department's
plan development process. After  publication  of  the  annual
plan,  or  any  amendment  thereto, the Department shall make
copies available to the public and to Statewide  citizen  and
professional  organizations  as  well  as to each legislative
commission having review or advisory authority in  the  areas
of  mental health or developmental disabilities.  The public,
the citizen and professional  organizations  and  legislative
commission  shall be given an opportunity to comment upon the
plan, or amendments thereto.
    Within 60 days after publication of the annual plan or of
any substantial amendments thereto, the Department shall hold
a public hearing in each administrative region of the  State.
The Department shall respond to any comments, recommendations
or  testimony  presented  at such hearings or communicated to
the Department in writing.   Such  comments,  recommendations
and  testimony  as  well  as  the responses of the Department
shall be abstracted and published in the annual plan for  the
succeeding year.
    Amendments  to  an  annual  plan  which  relate  only  to
state-operated  facilities, services or programs delivered to
a single region of the State require a public hearing only in
that region.
    When there are budgetary or other changes in programs  or
services  of  the  Department which are inconsistent with the
annual plan in effect, the Department  shall  submit  to  the
General  Assembly,  the Citizens Council on Mental Health and
Developmental Disabilities, and to any commission subject  to
notice of amendments under this Section, a detailed statement
of such deviation and its consequences.
(Source: P.A. 86-922.)
    (20 ILCS 1705/58 rep.)
    Section   3.  The   Mental   Health   and   Developmental
Disabilities  Administrative  Act  is  amended  by  repealing
Section 58.

    (20 ILCS 2425/Act rep.)
    Section  4.  The Hearing Impaired and Behavior Disordered
Children Services Act is repealed.

    (20 ILCS 3940/Act rep.)
    Section 5.  The General Assistance Job Opportunities  Act
is repealed.

    (20 ILCS 3957/Act rep.)
    Section  7.  The Home and Community-Based Services Act is
repealed.

    Section 8.  The Legislative Commission Reorganization Act
of 1984 is amended by changing Section 11A-7 as follows:

    (25 ILCS 130/11A-7) (from Ch. 63, par. 1011A-7)
    Sec. 11A-7.  The Citizens Assembly, under  the  direction
of  the  Citizens  Council on Mental Health and Developmental
Disabilities, shall:
    (a)  Review, comment and make  recommendations  upon  the
following:  all plans and policies of the Department of Human
Services  relating  to  mental   health   and   developmental
disabilities;  all  other  plans,  including long range plans
developed by the Governor or any officer,  agency,  committee
or other group designated to do planning for the State in the
areas   of   mental  health  or  developmental  disabilities,
including alcoholism and drug addiction; and  the  impact  of
such  plans on the programs and services provided by units of
local government, school districts and  private  agencies  in
such   areas.   The  Citizens  Assembly  may  adopt  its  own
recommendations for a statewide plan or for limited plans  on
a  regional,  programmatic or other basis in such areas.  The
Citizens Assembly may review  and  comment  upon  any  plans,
proposals  or  grant applications made on behalf of the State
to the federal government or to private organizations in such
areas;
    (b)  (Blank);  Review  the  operations,   administration,
execution  of  policy  and implementation of State law by the
Department of Human Services in relation to mental health and
developmental disabilities and  by  any  other  State  agency
providing  services or administering programs in the areas of
mental  health  or  developmental   disabilities,   including
alcoholism  and  drug addiction.  The Citizens Assembly shall
monitor the following activities of the Department  of  Human
Services  and  such  other agencies insofar as they relate to
mental health or developmental disabilities: the delivery  of
all direct services; the administration of grant and purchase
of service programs; and any licensing, enforcement or review
powers.
    As  a  part  of the review under this subsection (b), the
Citizens  Council  on   Mental   Health   and   Developmental
Disabilities   shall  conduct,  at  least  once  during  each
biennium,  an  examination  of  each   facility   under   the
jurisdiction of the Department of Human Services as described
in   Section   4  of  the  Mental  Health  and  Developmental
Disabilities  Administrative  Act.   The  examination   shall
include,  but  not  be limited to, at least one site visit to
review the facility's operations, patient  care  provided  by
the  facility,  and  the physical condition of the facility's
buildings and grounds.  The examination shall also include an
analysis of the following indices of care:
         (1)  The  percentage  of  patients   and   residents
    returning  for  inpatient treatment within 30 and 60 days
    of  discharge,  in  relation  to  the  documentation   of
    readiness   for   discharge   and  quality  of  discharge
    planning.
         (2)  The facility's ability to insure continuity  of
    care   by  linkage  rates  and  access  to  patients  for
    community providers.
         (3)  Overcrowding; that is, the number  of  days  on
    which  the  facility's census exceeded its functional bed
    capacity.
         (4)  The level of clinical services as  measured  by
    the  number of credentialed staff, evidence of structured
    therapeutic activity, and the  number  of  admissions  in
    relation to the number of beds in the facility.
         (5)  Employee turnover.
         (6)  The   incidence  of  assaults  on  patients  or
    residents of the facility.
         (7)  Recidivism.
    In carrying out its  examination,  the  Citizens  Council
shall  solicit  evaluations  and  comments  from  patient and
resident family and advocacy groups.
    The Citizens Assembly shall also review  the  utilization
of State appropriated funds and federal and private grants by
the  Department  of  Human  Services  or  such other agencies
relating to mental health and developmental disabilities;
    (c)  Study   the   progress   and   problems    of    the
hospitalization, care, treatment and training of the mentally
afflicted and persons with a developmental disability;
    (d)  Study  the need for further codification or revision
of the laws  relating  to  mental  health  and  developmental
disabilities,  and  make  such recommendations to the General
Assembly;
    (e)  Study all germane factors in an effort to  determine
the  improvements necessary to raise the mental health of the
citizens of Illinois to a desirable level;
    (f)  Advise the  Governor  concerning  the  choice  of  a
person  to be appointed Associate Secretary of Human Services
with authority over the functions exercised by the Department
of Human Services as successor to the  Department  of  Mental
Health  and  Developmental  Disabilities, if such a person is
appointed;
    (g)  Meet regularly with the Secretary of Human  Services
and  regularly consult with the Psychiatric Advisory Council.
The Citizens Assembly may advise the Secretary on all matters
relating to the policy and administration  of  mental  health
and developmental disability services in this State.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)

    Section 10.  The Public Officer Prohibited Activities Act
is amended by changing Section 1 as follows:

    (50 ILCS 105/1) (from Ch. 102, par. 1)
    Sec.  1.  County  board.   No  member  of a county board,
during the term of office for which he or she is elected, may
be appointed to, accept, or hold any office  other  than  (i)
chairman  of  the  county  board  or  member  of the regional
planning commission by appointment or election of  the  board
of  which he or she is a member or (ii) alderman of a city or
member of the board of trustees of a village or  incorporated
town  if  the  city,  village, or incorporated town has fewer
than 1,000 inhabitants and is  located  in  a  county  having
fewer than 50,000 inhabitants, unless he or she first resigns
from  the office of county board member or unless the holding
of another office is authorized by law. Any  such  prohibited
appointment  or  election  is  void.  This  Section shall not
preclude a member of the county board from being selected  or
from  serving  as  a  member of the County Personnel Advisory
Board as provided in Section 12-17.2 of the  Illinois  Public
Aid Code, as a member of a County Extension Board as provided
in  Section  7  of the County Cooperative Extension Law, as a
member of an Emergency Telephone System Board as provided  in
Section  15.4  of  the  Emergency Telephone System Act, or as
appointed members of the  board  of  review  as  provided  in
Section  6-30  of  the Property Tax Code. Nothing in this Act
shall be construed to prohibit  an  elected  county  official
from   holding  elected  office  in  another  unit  of  local
government so long as there is  no  contractual  relationship
between  the  county  and the other unit of local government.
This amendatory Act of 1995 is declarative  of  existing  law
and is not a new enactment.
(Source: P.A. 91-732, eff. 1-1-01.)

    Section  15.  The  Illinois  Municipal Code is amended by
changing Section 11-43-2 as follows:

    (65 ILCS 5/11-43-2) (from Ch. 24, par. 11-43-2)
    Sec. 11-43-2.  Taxes levied by any municipality having  a
population  of  500,000  or  more  for general assistance for
persons in need thereof as provided in  The  Illinois  Public
Aid  Code,  as now or hereafter amended, for each fiscal year
shall not exceed the rate of  .10%  upon  the  value  of  all
property therein as that property is equalized or assessed by
the  Department  of  Revenue.  Nor  shall the rate produce in
excess of the amount needed in that municipality for  general
assistance for persons in need thereof.
    All  money received from these taxes and moneys collected
or recovered by or in behalf of the  municipality  under  The
Illinois  Public  Aid  Code shall be used exclusively for the
furnishing of general assistance within the municipality; for
the payment of administrative  costs  thereof;  and  for  the
payment of warrants issued against and in anticipation of the
general assistance taxes, and accrued interest thereon. Until
January 1, 1974, the treasurer of the municipality, shall pay
all moneys received from general assistance taxes and all the
moneys  collected  or  recovered  by  or  in  behalf  of  the
municipality  under  The  Illinois  Public  Aid Code into the
special fund in the county treasury established  pursuant  to
Section  12-21.14  of that Code. After December 31, 1973, but
not  later  than  June  30,  1979,  the  treasurer   of   the
municipality  shall  pay  all  moneys  received  from general
assistance taxes and collections or recoveries directly  into
the  Special Purposes Trust Fund established by Section 12-10
of The Illinois Public Aid Code. After June 30, 1979,  moneys
and  funds  designated by this Section shall be paid into the
General Revenue Fund as reimbursement for appropriated  funds
disbursed  as  provided  in  Section  12-18.4 of the Illinois
Public Aid Code.
    Upon the filing with the county clerk of a certified copy
of an ordinance levying such taxes, the  county  clerk  shall
extend the taxes upon the books of the collector of state and
county  taxes within that municipality in the manner provided
in Section 8-3-1 for the extension of municipal taxes.
(Source: P.A. 81-1509.)

    Section 20.  The Illinois Public Aid Code is  amended  by
changing  Sections  1-7,  1-8,  2-6,  2-13,  3-1a, 3-11, 4-1,
4-1.1, 4-1.2a, 4-1.2c, 4-1.6, 4-1.10, 4-2,  4-8,  4-17,  6-1,
6-1.2,  6-1.3a, 6-2, 6-11, 9-1, 9-5, 9-6, 9-6.1, 9-6.2, 9A-3,
9A-5, 9A-13, 11-3, 11-6.1, 11-8, 11-8.7, 11-9, 11-15,  11-17,
11-20,  11-22,  11-22a,  12-2,  12-3, 12-4.4, 12-4.7, 12-4.8,
12-4.17, 12-4.24a,  12-5,  12-8,  12-10.3,  12-13,  12-13.05,
12-19,  12-19.2, 12-19.3, 12-21.10, 12-21.14, and 12-21.20 as
follows:

    (305 ILCS 5/1-7) (from Ch. 23, par. 1-7)
    Sec. 1-7.  (a) For purposes  of  determining  eligibility
for  assistance  under  this  Code,  the Illinois Department,
County  Departments,  and  local  governmental  units   shall
exclude  from  consideration  restitution payments, including
all income and resources derived therefrom, made  to  persons
of  Japanese  or  Aleutian  ancestry  pursuant to the federal
Civil Liberties Act of 1988 and  the  Aleutian  and  Pribilof
Island Restitution Act, P.L. 100-383.
    (b)  For  purposes  of  any program or form of assistance
where  a  person's  income  or  assets  are   considered   in
determining eligibility or level of assistance, whether under
this Code or another authority, neither the State of Illinois
nor  any  entity  or person administering a program wholly or
partially financed by the State of Illinois  or  any  of  its
political  subdivisions  shall  include restitution payments,
including all income and resources  derived  therefrom,  made
pursuant  to  the federal Civil Liberties Act of 1988 and the
Aleutian and Pribilof Island Restitution Act,  P.L.  100-383,
in  the  calculation  of  income  or  assets  for determining
eligibility or level of assistance.
    (c)  For purposes of determining eligibility for  or  the
amount   of  assistance  under  this  Code,  except  for  the
determination of eligibility for payments or  programs  under
the  TANF  employment,  education,  and training programs Job
Opportunity and Basic  Skills  Program  and  the  Food  Stamp
Employment  and  Training  Program,  the Illinois Department,
County  Departments,  and  local  governmental  units   shall
exclude  from consideration any financial assistance received
under any student aid program administered by  an  agency  of
this  State  or  the  federal  government, by a person who is
enrolled as a full-time or part-time student of any public or
private university, college, or  community  college  in  this
State.
(Source: P.A. 87-565; 88-436.)

    (305 ILCS 5/1-8)
    Sec. 1-8.  Fugitives ineligible.
    (a)  The following persons are not eligible for aid under
this  Code,  or  federal  food  stamps  or federal food stamp
benefits:
         (1)  A person who has fled from the jurisdiction  of
    any  court of record of this or any other state or of the
    United States to avoid prosecution for  a  felony  or  to
    avoid   giving   testimony  in  any  criminal  proceeding
    involving the alleged commission of a felony.
         (2)  A person who has fled to avoid imprisonment  in
    a correctional facility of this or any other state or the
    United States for having committed a felony.
         (3)  A  person  who  has escaped from a correctional
    facility of this or any other state or the United  States
    if  the  person  was  incarcerated for having committed a
    felony.
         (4)  A  person  who  is  violating  a  condition  of
    probation or parole imposed under federal or State law.
    In this Section, "felony" means a violation  of  a  penal
statute  of  this or any other state or the United States for
which a sentence to death or to a term of imprisonment  in  a
penitentiary for one year or more is provided.
    To  implement  this  Section, the Illinois Department may
exchange  necessary  information  with  an  appropriate   law
enforcement  agency  of  this or any other state, a political
subdivision of this or any other state, or the United States.
    (b)  (Blank). The Illinois Department shall apply for all
waivers of federal law and regulations necessary to implement
this  Section,  and  implementation  of   this   Section   is
contingent  on  the  Illinois  Department's  receipt of those
waivers.
(Source: P.A. 89-489, eff. 1-1-97; 90-17, eff. 7-1-97.)

    (305 ILCS 5/2-6) (from Ch. 23, par. 2-6)

    Sec. 2-6.  "Financial aid". A money or vendor payment  to
or  in behalf of a recipient for basic maintenance support or
medical assistance provided under Articles III, IV, V, and VI
and VII.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/2-13) (from Ch. 23, par. 2-13)
    Sec. 2-13. "County department". The Department  of  Human
Services  local office or offices County Department of Public
Aid in each county in this State.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/3-1a) (from Ch. 23, par. 3-1a)
    Sec. 3-1a.  Interim Assistance.
    (a)  (Blank). The interim assistance  program  previously
administered   under  this  Article  is  abolished  effective
September  1,  1995.  Persons  receiving  interim  assistance
before September 1, 1995 may  apply  for  and  receive  State
Transitional  Assistance  benefits under Section 6-11 of this
Code if they meet the eligibility criteria under that program
as revised by this amendatory Act  of  1995.  Notwithstanding
any  other  Section  of this Code, the Illinois Department is
authorized to cancel interim assistance and  related  medical
benefits  for  all  clients  effective  September 1, 1995 and
require former recipients of interim  assistance  to  reapply
for  State  Transitional  Assistance  and any related medical
benefits.  Applications filed on July 1, 1995 and  thereafter
shall  not be considered under the interim assistance program
but shall be considered only  under  the  State  Transitional
Assistance  program,  as  revised  by  this amendatory Act of
1995.
    (b)   The Illinois Department may establish, by rule,  an
advocacy program to help clients pursue Supplemental Security
Income  applications  and,  if the client is found ineligible
for Supplemental  Security  Income  initially,  to  help  the
client    pursue    the    Supplemental    Security    Income
reconsideration  and  appeal  process.  This  program  may be
limited to specific geographic areas.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)

    (305 ILCS 5/3-11) (from Ch. 23, par. 3-11)
    Sec. 3-11.  Fraudulent transfer of real property.
    A transfer of any legal or  equitable  interest  in  real
property,  whether  vested,  contingent,  or  inchoate,  by a
person who is or has been a  recipient,  including  any  such
transfers  prior  to  application  which would have initially
disqualified the person as provided in Section 3-1.3,  shall,
under  any of the following conditions, be deemed prima facie
fraudulent as to the Illinois Department.
    (1.)  Where the deed or assignment has not been  recorded
or registered by the grantee, trustee, or assignee
    (2.)  When  the  deed or assignment, even though recorded
or registered, fails to state the consideration
    (3.)  When the consideration for the deed or  assignment,
even though recorded or registered, is not paid
    (4.)  When  the consideration for the deed or assignment,
even though recorded or registered, does not approximate  the
fair, cash market value.
    The  Attorney  General,  upon  request  of  the  Illinois
Department,  shall  file suit to rescind any such transfer or
assignment of real property. Any  aid  furnished  under  this
Article,  or under Articles V, VII, or VII-A of the 1949 Code
shall be recoverable in any such proceeding from such  person
or from his estate.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
    Sec.  4-1.  Eligibility  requirements.  Financial  aid in
meeting  basic  maintenance  requirements  for  a  livelihood
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.  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 Illinois Department shall advise every applicant  for
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 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 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 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.  Failure  of  the
client  to follow through on the personal plan for employment
and self-sufficiency  may  be  a  basis  for  sanction  under
Section  4-21.  The  Illinois  Department  may implement this
paragraph through the use of emergency  rules  in  accordance
with  Section  5-45  of the Illinois Administrative Procedure
Act.  For purposes of the Illinois  Administrative  Procedure
Act,  the adoption of rules to implement this paragraph shall
be considered an  emergency  and  necessary  for  the  public
interest, safety, and welfare.
    The  eligibility of persons who, on the effective date of
this Code, are receiving aid under Article  VI  of  the  1949
Code, for aid under this Article, and the continuity of their
grants, shall not be affected by the enactment of this Code.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)

    (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
    Sec. 4-1.1.  Child age eligibility.
    (a)  Every  assistance  unit must include a child, except
as provided  in  subsections  (b)  and  (c).   The  child  or
children must have already been born and be under age 18, or,
if  age 18, must be a full-time student in a secondary school
or the equivalent level of vocational or technical training.
    (b)  Grants  shall  be  provided  for  assistance   units
consisting  exclusively of a pregnant woman with no dependent
child, and may include her husband if living with her, if the
pregnancy has been determined by medical  diagnosis,  to  the
extent  that  federal  law permits and federal matching funds
are available.
    (c)  Grants  may  be  provided   for   assistance   units
consisting  of  only  adults  if all the children living with
those adults are disabled and receive  Supplemental  Security
Income.
(Source: P.A. 90-14, eff. 7-1-97; 90-17, eff. 7-1-97.)

    (305 ILCS 5/4-1.2a) (from Ch. 23, par. 4-1.2a)
    Sec.    4-1.2a.  Residents    of   public   institutions.
Residents   of   municipal,   county,   state   or   national
institutions for persons with mental illness or persons  with
a   developmental  disability  or  for  the  tuberculous,  or
residents of a home or other institution maintained  by  such
governmental  bodies  when not in need of  institutional care
because of sickness,  convalescence,  infirmity,  or  chronic
illness,  and  inmates  of penal or correctional institutions
maintained by such governmental bodies, may qualify  for  aid
under  this  Article  only  after  they  have  ceased  to  be
residents or inmates., but they may apply in advance of their
discharge.   Applications  received  from residents scheduled
for discharge from such institutions shall  be  processed  by
the  Department  in an expeditious manner.  For persons whose
applications are approved, the earliest date  of  eligibility
shall be the date of release from the institution.
    A  person  shall  not  be  deemed  a  resident of a State
institution for persons with mental illness or persons with a
developmental disability within the meaning of  this  Section
if  he  or  she  has  been  conditionally  discharged  by the
Department of Mental Health and Developmental Disabilities or
the Department of Human Services (acting as successor to  the
Department  of  Mental Health and Developmental Disabilities)
and is no longer residing in the institution.
    Recipients of benefits  under  this  Article  who  become
residents of such institutions shall be permitted a period of
up  to  30  days  in  such institutions without suspension or
termination of eligibility. Benefits for which such person is
eligible  shall  be  restored,  effective  on  the  date   of
discharge  or  release,  for  persons  who  are  residents of
institutions. Within a reasonable time after the discharge of
a person who was a resident of an institution, the Department
shall redetermine the eligibility of such person.
    The Department shall provide for procedures  to  expedite
the  determination  of  incapacity  or  ability  to engage in
employment  of  persons  scheduled  to  be  discharged   from
facilities operated by the Department.
    If federal law or regulations governing grants under this
Article  permit the inclusion of persons who are residents of
institutions designated in this  Section  beyond  the  period
authorized   herein,   the   Illinois   Department,   upon  a
determination that the  appropriations  for  public  aid  are
sufficient  for  such  purpose,  and  upon  approval  of  the
Governor,  may  provide  by  general and uniform rule for the
waiver  of  the  provisions  of  this  Section  which   would
otherwise disqualify such person for aid under this Article.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)

    (305 ILCS 5/4-1.2c)
    Sec.  4-1.2c.  Residence  of  child  who is pregnant or a
parent.
    (a)  Notwithstanding any other provision of this Code, no
aid shall be paid under this Article on behalf  of  a  person
under  age 18 who has never married and who has a child or is
pregnant, unless that person resides  with  a  parent,  legal
guardian,  or  other  adult  relative  or  in  a foster home,
maternity home, or other adult-supervised living arrangement.
    (b)  The Illinois Department may make an exception to the
requirement of subsection (a) as authorized under the federal
Family Support Act  of  1988  or  in  any  of  the  following
circumstances:
         (1)  The  person  has  no  living  parent  or  legal
    guardian, or the parent's or legal guardian's whereabouts
    are unknown.
         (2)  The  Illinois  Department  determines  that the
    physical health or safety of the person or  the  person's
    child would be jeopardized.
         (3)  The  person  has lived apart from the parent or
    legal guardian for a period of at least one  year  before
    the  child's  birth or before applying for aid under this
    Article.
    (c)  (Blank). The Illinois Department may implement  this
Section through the use of emergency rules in accordance with
Section  5-45  of  the Illinois Administrative Procedure Act.
For purposes of the Illinois  Administrative  Procedure  Act,
the  adoption  of  rules  to  implement this Section shall be
considered  an  emergency  and  necessary  for   the   public
interest, safety, and welfare.
(Source: P.A. 89-6, eff. 3-6-95.)

    (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
    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 contributions in money, substance or  services  from
other 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  the  grant amount established by Department regulation
for such a person.
    In  considering  income  to  be   taken   into   account,
consideration  shall  be  given  to  any  expenses reasonably
attributable to the earning  of  such  income.  The  Illinois
Department  may  also,  subject to such limitations as may be
prescribed by federal law or regulation, permit  all  or  any
portion  of  earned  or  other income to be set aside for the
future identifiable needs of  a  child.  If  federal  law  or
regulations  permit  or  require exemption of other income of
recipients, 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 paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act.
    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.
(Source: P.A. 90-17, eff. 7-1-97; 91-676, eff. 12-23-99.)

    (305 ILCS 5/4-1.10) (from Ch. 23, par. 4-1.10)
    Sec. 4-1.10.  Acceptance of  Assignment  to  Job  Search,
Training  and  Work Programs.  An individual for whom the job
search, training and work programs established under  Article
IXA  are  applicable must accept assignment to such programs.
The Illinois Department shall seek a waiver  of  federal  law
and  regulations to operate a job search program, under which
every person determined eligible for aid under  this  Article
who  has a high school education or its equivalent or a prior
work history as defined by rule and whose youngest  child  is
at  least  5 years of age but less than 13 years of age shall
be required to participate in  a  job  search  program  until
employment  is  secured  or  for  6  months after the date of
approval, whichever is less. This Section shall be  operative
only to the extent that it does not conflict with the Federal
Social  Security  Act,  or  any  other federal law or federal
regulation governing the receipt of federal  grants  for  aid
provided  under this Article. The Illinois Department and the
local governmental unit shall determine,  pursuant  to  rules
and regulations, sanctions for persons failing to comply with
the requirements under this Section.  However, no participant
shall  be  sanctioned  for  failure  to  satisfy  job  search
requirements  before  a  full assessment of the participant's
job  readiness  and  employability,  except  that  for  those
persons subject to the job search program operated under this
Section an assessment as defined  by  rule  at  the  time  of
intake  will meet the assessment requirement.  No participant
shall be sanctioned for failure to satisfy the minimum number
of employer contacts if the participant  made  a  good  faith
effort.
    The Illinois Department may implement the changes made by
this  amendatory  Act  of  1995  through the use of emergency
rules  in  accordance  with  Section  5-45  of  the  Illinois
Administrative Procedure Act.  For purposes of  the  Illinois
Administrative  Procedure  Act,  the  adoption  of  rules  to
implement  these changes shall be considered an emergency and
necessary for the public interest, safety, and welfare.
(Source: P.A. 89-6, eff. 3-6-95.)

    (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
    Sec. 4-2.  Amount of aid.
    (a)  The amount and nature  of  financial  aid  shall  be
determined  in  accordance  with the grant amounts, rules and
regulations of the Illinois Department. Due regard  shall  be
given  to the self-sufficiency requirements of the family and
to the income, money  contributions  and  other  support  and
resources available, from whatever source.  Beginning July 1,
1992,  the  supplementary  grants  previously paid under this
Section shall no longer be paid.   However,  the  amount  and
nature of any financial aid 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 paragraph (2) of subsection (a) of Section 203 of  the
Illinois  Income  Tax  Act. The aid shall be sufficient, when
added to all other income, money contributions and support to
provide the family with a grant in the amount established  by
Department regulation.
    (b)  The   Illinois   Department   may   conduct  special
projects, which may be known  as  Grant  Diversion  Projects,
under  which  recipients  of financial aid under this Article
are placed in jobs and  their  grants  are  diverted  to  the
employer  who in turn makes payments to the recipients in the
form of salary or other employment  benefits.   The  Illinois
Department  shall by rule specify the terms and conditions of
such Grant Diversion Projects.  Such projects shall take into
consideration  and   be   coordinated   with   the   programs
administered   under   the   Illinois   Emergency  Employment
Development Act.
    (c)  The amount and nature of the  financial  aid  for  a
child requiring care outside his own home shall be determined
in  accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements  of
the  child  in the foster home or institution in which he has
been placed.
    (d)  If the  Department  establishes  grants  for  family
units  consisting  exclusively  of  a  pregnant woman with no
dependent child or including her husband if living with  her,
the  grant amount for such a unit shall be equal to the grant
amount for an assistance unit consisting of one adult,  or  2
persons  if  the  husband  is included.  Other than as herein
described,  an  unborn  child  shall  not   be   counted   in
determining the size of an assistance unit or for calculating
grants.
    Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living   shall  be  prescribed,  by  rule,  by  the  Illinois
Department.
These grants may be increased in the following circumstances:
         1.  If the child is living with both parents or with
    persons standing in the relationship of parents,  and  if
    the  grant is necessitated because of the unemployment or
    insufficient  earnings  of  the  parent  or  parents  and
    neither  parent  is   receiving   benefits   under   "The
    Unemployment  Compensation  Act", approved June 30, 1937,
    as amended, the maximum may be increased by not more than
    $25.
         2.  If a child is age 13 or over, the maximum may be
    increased by not more than $15.
    The allowances provided under Article IX  for  recipients
participating  in  the  training  and rehabilitation programs
shall be in addition to the maximum payments  established  in
this Section.
    Grants  under  this  Article shall not be supplemented by
General Assistance provided under Article VI.
    (e)  Grants shall be paid to the parent or  other  person
with  whom  the child or children are living, except for such
amount as is paid in behalf of the child  or  his  parent  or
other  relative to other persons or agencies pursuant to this
Code or the rules and regulations of the Illinois Department.
    (f)  An assistance unit, receiving  financial  aid  under
this  Article  or temporarily ineligible to receive aid under
this  Article  under  a  penalty  imposed  by  the   Illinois
Department   for  failure  to  comply  with  the  eligibility
requirements or  that  voluntarily  requests  termination  of
financial   assistance   under   this   Article  and  becomes
subsequently eligible for assistance within 9  months,  shall
not  receive  any  increase  in  the  amount of aid solely on
account of the birth of a child; except that an  increase  is
not prohibited when the birth is (i) of a child of a pregnant
woman  who  became eligible for aid under this Article during
the pregnancy, or (ii) of a child born within 10 months after
the date of implementation of this subsection, or  (iii) of a
child  conceived  after  a  family  became   ineligible   for
assistance due to income or marriage and at least 3 months of
ineligibility    expired   before   any   reapplication   for
assistance.  This subsection does  not,  however,  prevent  a
unit  from  receiving a general increase in the amount of aid
that is provided to all recipients of aid under this Article.
    The Illinois Department is authorized to transfer  funds,
and  shall  use  any  budgetary  savings  attributable to not
increasing  the  grants  due  to  the  births  of  additional
children, to supplement existing funding for  employment  and
training  services  for  recipients of aid under this Article
IV.  The Illinois Department shall target, to the extent  the
supplemental funding allows, employment and training services
to the families who do not receive a grant increase after the
birth of a child.  In addition, the Illinois Department shall
provide,  to the extent the supplemental funding allows, such
families with up to 24  months  of  transitional  child  care
pursuant   to   Illinois  Department  rules.   All  remaining
supplemental funds shall be used for employment and  training
services or transitional child care support.
    In  making  the  transfers authorized by this subsection,
the Illinois Department shall first  determine,  pursuant  to
regulations  adopted  by  the  Illinois  Department for  this
purpose, the amount of savings attributable to not increasing
the  grants  due  to  the  births  of  additional   children.
Transfers   may   be   made   from   General   Revenue   Fund
appropriations   for   distributive  purposes  authorized  by
Article  IV  of  this  Code  only  to  General  Revenue  Fund
appropriations   for   employability   development   services
including operating  and  administrative  costs  and  related
distributive  purposes  under  Article  IXA of this Code. The
Director, with the approval of the  Governor,  shall  certify
the amount and affected line item appropriations to the State
Comptroller.
    The  Illinois  Department  shall apply for all waivers of
federal law  and  regulations  necessary  to  implement  this
subsection;  implementation  of this subsection is contingent
on the Illinois Department receiving  all  necessary  federal
waivers.    The   Illinois   Department  may  implement  this
subsection through the use of emergency rules  in  accordance
with  Section  5-45  of the Illinois Administrative Procedure
Act.  For purposes of the Illinois  Administrative  Procedure
Act, the adoption of rules to implement this subsection shall
be  considered  an  emergency  and  necessary  for the public
interest, safety, and welfare.
    Nothing in this subsection shall be construed to prohibit
the Illinois Department from using funds under  this  Article
IV  to provide assistance in the form of vouchers that may be
used to pay for goods and services  deemed  by  the  Illinois
Department,  by  rule,  as suitable for the care of the child
such as diapers, clothing, school supplies, and cribs.
    (g)  (Blank).
    (h)  Notwithstanding any other provision  of  this  Code,
the  Illinois  Department  is  authorized  to  reduce payment
levels used to determine cash grants under this Article after
December 31 of any fiscal year  if  the  Illinois  Department
determines  that  the  caseload upon which the appropriations
for the current fiscal year are based have increased by  more
than  5%  and  the  appropriation is not sufficient to ensure
that cash benefits under  this  Article  do  not  exceed  the
amounts  appropriated for those cash benefits.  Reductions in
payment levels may be accomplished by  emergency  rule  under
Section  5-45  of  the Illinois Administrative Procedure Act,
except that the limitation on the number of  emergency  rules
that  may be adopted in a 24-month period shall not apply and
the provisions of Sections 5-115 and 5-125  of  the  Illinois
Administrative  Procedure  Act  shall not apply. Increases in
payment levels shall be accomplished only in accordance  with
Section  5-40  of  the Illinois Administrative Procedure Act.
Before any rule to increase payment levels promulgated  under
this  Section  shall  become  effective,  a  joint resolution
approving the rule must be adopted by a roll call vote  by  a
majority  of  the  members  elected  to  each  chamber of the
General Assembly.
(Source:  P.A.  90-17,  eff.  7-1-97;  90-372,  eff.  7-1-98;
90-655, eff. 7-30-98; 91-676, eff. 12-23-99.)

    (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
    Sec. 4-8.  Mismanagement of assistance grant.
    (a)  If the County Department has reason to believe  that
the money payment for basic maintenance is not being used, or
may  not  be used, in the best interests of the child and the
family and that there is present or potential damage  to  the
standards of health and well-being that the grant is intended
to  assure, the County Department shall provide the parent or
other relative with the counseling and guidance services with
respect to the use of the grant and the management  of  other
funds  available  to  the family as may be required to assure
use of the grant in the  best  interests  of  the  child  and
family.   The  Illinois  Department  shall  by rule prescribe
criteria   which   shall   constitute   evidence   of   grant
mismanagement.  The criteria shall include but not be limited
to the following:
         (1)  A determination that a child in the  assistance
    unit  is  not  receiving  proper and necessary support or
    other care for which assistance is being  provided  under
    this Code.
         (2)  A   record  establishing  that  the  parent  or
    relative has been found guilty of public assistance fraud
    under Article VIIIA.
         (3)  A  determination  by  an  appropriate   person,
    entity,  or  agency  that  the  parent  or other relative
    requires treatment for alcohol or substance abuse, mental
    health services, or other special care or treatment.
    The Department shall at  least  consider  non-payment  of
rent   for  two  consecutive  months  as  evidence  of  grant
mismanagement by a parent or relative of a recipient  who  is
responsible  for  making  rental  payments for the housing or
shelter  of  the  child  or  family,  unless  the  Department
determines  that  the  non-payment  is  necessary   for   the
protection of the health and well-being of the recipient. The
County  Department  shall advise the parent or other relative
grantee that  continued  mismanagement  will  result  in  the
application  of  one  of  the  sanctions  specified  in  this
Section.
    The  Illinois  Department shall consider irregular school
attendance by children of school age grades 1 through  8,  as
evidence  of  lack  of  proper and necessary support or care.
The Department may extend this consideration to  children  in
grades higher than 8.
    The Illinois Department shall develop preventive programs
in  collaboration  with school and social service networks to
encourage school attendance of children receiving  assistance
under Article IV.  To the extent that Illinois Department and
community  resources  are available, the programs shall serve
families whose  children  in  grades  1  through  8  are  not
attending  school  regularly,  as defined by the school.  The
Department  may  extend  these  programs  to  families  whose
children are in grades higher than  8.   The  programs  shall
include  referrals  from  the  school  to  a  social  service
network,  assessment and development of a service plan by one
or   more   network   representatives,   and   the   Illinois
Department's encouragement of the family  to  follow  through
with  the  service  plan.   Families  that fail to follow the
service plan as determined by the service provider, shall  be
subject  to the protective payment provisions of this Section
and Section 4-9 of this Code.
    Families for whom a protective payment plan has  been  in
effect  for  at  least  3  months  and  whose school children
continue  to  regularly  miss  school  shall  be  subject  to
sanction under Section 4-21.   The  sanction  shall  continue
until  the  children  demonstrate satisfactory attendance, as
defined by the school.  To the extent necessary to  implement
this  Section, the Illinois Department shall seek appropriate
waivers of federal requirements from the U.S.  Department  of
Health and Human Services.
    The  Illinois  Department  may  implement  the amendatory
changes to this Section made by this amendatory Act  of  1995
through  the  use  of  emergency rules in accordance with the
provisions of Section 5-45  of  the  Illinois  Administrative
Procedure  Act.   For purposes of the Illinois Administrative
Procedure  Act,  the  adoption  of  rules  to  implement  the
amendatory changes to this Section made  by  this  amendatory
Act  of  1995  shall be deemed an emergency and necessary for
the public interest, safety, and welfare.
    (b)  In areas of the State where  clinically  appropriate
substance abuse treatment capacity is available, if the local
office  has  reason  to  believe that a caretaker relative is
experiencing substance abuse, the local  office  shall  refer
the  caretaker  relative to a licensed treatment provider for
assessment.  If the assessment indicates that  the  caretaker
relative  is  experiencing  substance abuse, the local office
shall require the  caretaker  relative  to  comply  with  all
treatment  recommended  by  the assessment.  If the caretaker
relative refuses without good cause, as determined  by  rules
of  the  Illinois  Department, to submit to the assessment or
treatment, the caretaker relative  shall  be  ineligible  for
assistance,  and  the  local office shall take one or more of
the following actions:
         (i)  If there is another family member or friend who
    is ensuring that the family's needs are being  met,  that
    person,  if  willing,  shall  be  assigned  as protective
    payee.
         (ii)  If there is no family member or  close  friend
    to  serve  as  protective  payee,  the local office shall
    provide for a protective payment to a substitute payee as
    provided  in  Section  4-9.  The  Department  also  shall
    determine  whether  a  referral  to  the  Department   of
    Children   and  Family  Services  is  warranted  and,  if
    appropriate, shall make the referral.
         (iii)  The Department shall contact  the  individual
    who  is  thought  to  be experiencing substance abuse and
    explain why the protective payee has  been  assigned  and
    refer the individual to treatment.
    (c)  This  subsection  (c)  applies  to  cases other than
those described in subsection (b).  If the efforts to correct
the mismanagement  of  the  grant  have  failed,  the  County
Department,  in  accordance with the rules and regulations of
the Illinois Department, shall initiate one or  more  of  the
following actions:
         1.  Provide for a protective payment to a substitute
    payee,  as  provided  in Section 4-9.  This action may be
    initiated for any  assistance  unit  containing  a  child
    determined  to be neglected by the Department of Children
    and Family Services under the Abused and Neglected  Child
    Reporting  Act,  and  in  any  case involving a record of
    public assistance fraud.
         2.  Provide for issuance of all or part of the grant
    in the form of disbursing orders.   This  action  may  be
    initiated  in  any  case  involving  a  record  of public
    assistance fraud, or upon the  request  of  a  substitute
    payee designated under Section 4-9.
         3.  File  a petition under the Juvenile Court Act of
    1987 for an Order of Protection under Section 2-25, 2-26,
    3-26, 3-27, 4-23, 4-24, 5-730, or 5-735 of that Act.
         4.  Institute a proceeding under the Juvenile  Court
    Act  of  1987  for the appointment of a guardian or legal
    representative for the purpose of receiving and  managing
    the public aid grant.
         5.  If the mismanagement of the grant, together with
    other  factors,  has rendered the home unsuitable for the
    best welfare of the child, file a neglect petition  under
    the Juvenile Court Act of 1987, requesting the removal of
    the child or children.
(Source:  P.A.  90-17,  eff.  7-1-97;  90-249,  eff.  1-1-98;
90-590,  eff.  1-1-99;  90-655,  eff.  7-30-98;  91-357, eff.
7-29-99.)

    (305 ILCS 5/4-17)
    Sec. 4-17.  Targeted  jobs  TANF  Demonstration  project:
employment.
    (a)  The  Illinois  Department  shall  seek  a  waiver of
federal law and regulations to allow the Illinois  Department
to  operate  a  targeted jobs TANF AFDC demonstration project
under which individuals whose youngest child is 13  years  of
age or older shall be required to seek and accept employment.
Cash  assistance for these individuals shall be limited to 24
months unless the individual is working, as defined by  rule,
or  is  participating  in  a  pay-after-performance  program.
excluded  from  the  work requirement based on criteria to be
established by rule.  After 24 months of  assistance  without
work, the individual shall be ineligible for assistance for a
period  of  24  months.  An individual who does not cooperate
with the job search, education, or work requirements shall be
subject to sanctions to be defined by rule.  The addition  to
the  household  of a child under 13 years of age or the birth
of a child more than 10  months  after  enrollment  into  the
targeted  jobs  TANF project time-limited demonstration shall
not extend the period of eligibility.
    (b)  (Blank). Furthermore, the Illinois Department  shall
seek  an  additional  waiver  of  federal law and regulations
under which, for cases in this demonstration,  an  assistance
unit (other than an assistance unit consisting exclusively of
a pregnant woman with no child) receiving financial aid under
this Article, or a family unit that is temporarily ineligible
for  aid  under  this Article under a sanction imposed by the
Illinois Department  for  failure  to  cooperate,  shall  not
receive,  on account of the birth of a child, any increase in
the amount of that aid. This subsection  does  not,  however,
prevent  a  unit  from  receiving  a  general increase in the
amount of aid that is provided to all recipients of aid under
this Article.
    (c)  (Blank). The Illinois Department shall report to the
General Assembly on or before  January  1,  1996  as  to  the
status  of  the request for federal waivers and the status of
the proposed implementation of this demonstration project.
(Source: P.A. 89-6, eff. 3-6-95; 89-626, eff. 8-9-96.)

    (305 ILCS 5/6-1) (from Ch. 23, par. 6-1)
    Sec. 6-1.  Eligibility  requirements.  Financial  aid  in
meeting  basic  maintenance requirements shall be given under
this Article  to  or  in  behalf  of  persons  who  meet  the
eligibility  conditions  of Sections 6-1.1 through 6-1.10. In
addition, each unit  of  local  government  subject  to  this
Article  shall  provide  persons  receiving  financial aid in
meeting basic maintenance requirements with financial aid for
either (a) necessary treatment, care, and  supplies  required
because  of  illness  or  disability,  or  (b)  acute medical
treatment, care, and supplies only. If a  local  governmental
unit  elects  to  provide  financial  aid  for  acute medical
treatment, care, and supplies  only,  the  general  types  of
acute   medical  treatment,  care,  and  supplies  for  which
financial aid is provided shall be specified in  the  general
assistance  rules of the local governmental unit, which rules
shall provide that financial aid is provided, at  a  minimum,
for  acute  medical treatment, care, or supplies necessitated
by  a  medical  condition  for  which   prior   approval   or
authorization  of medical treatment, care, or supplies is not
required by the general  assistance  rules  of  the  Illinois
Department.  Nothing  in  this  Article shall be construed to
permit the granting of financial aid  where  the  purpose  of
such  aid  is  to  obtain an abortion, induced miscarriage or
induced  premature  birth  unless,  in  the  opinion   of   a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced  premature  birth  intended  to produce a live viable
child and such procedure is necessary for the health  of  the
mother or her unborn child.
    Until  August  1, 1969, children who require care outside
their  own  homes,  where  no  other  sources  of  funds   or
insufficient  funds  are  available  to provide the necessary
care, are included among persons eligible for aid under  this
Article.  After July 31, 1969, the Department of Children and
Family  Services  shall  have the responsibility of providing
child welfare services  to  such  children,  as  provided  in
Section  5 of "An Act creating the Department of Children and
Family  Services,  codifying  its  powers  and  duties,   and
repealing  certain  Acts and Sections herein named", approved
June 4, 1963, as amended.
    In cities, villages and incorporated towns of  more  than
500,000  population,  the Illinois Department may establish a
separate program under this Article.  The 2 programs shall be
differentiated, but  the  placement  of  persons  under  both
programs  shall  be  based upon their ability or inability to
engage  in  employment  in  accordance  with  the  rules  and
regulations  promulgated  by  the  Illinois  Department.   In
establishing rules and regulations for determining whether  a
person   is  able  to  engage  in  employment,  the  Illinois
Department may establish rules different than those  set  out
under  Section  11-20.  In determining need and the amount of
aid under Sections 6-1.2 and 6-2  for  the  2  programs,  the
Illinois Department may establish different standards for the
2  programs  based  upon  the specific needs of the different
populations to be served by the  2  programs.   The  Illinois
Department   may   enter  into  contracts  with  entities  to
establish work or training related projects under the program
established for persons determined to be able  to  engage  in
employment.
(Source: P.A. 89-646, eff. 1-1-97.)

    (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
    Sec.  6-1.2.  Need.  Income available to the person, when
added to contributions in money, substance, or services  from
other   sources,   including   contributions   from   legally
responsible  relatives,  must  be  insufficient  to equal the
grant amount established  by  Department  regulation  (or  by
local  governmental  unit in units which do not receive State
funds) for such a person.
    In determining income to be taken into account:
         (1)  The  first  $75  of  earned  income  in  income
    assistance  units  comprised  exclusively  of  one  adult
    person shall be disregarded, and  for  not  more  than  3
    months  in  any  12  consecutive  months  that portion of
    earned income beyond the first $75 that is the difference
    between the standard of assistance and the grant  amount,
    shall be disregarded.
         (2)  For   income  assistance  units  not  comprised
    exclusively of one adult person, when authorized by rules
    and regulations of the Illinois Department, a portion  of
    earned  income,  not to exceed the first $25 a month plus
    50% of the next $75, may be disregarded for  the  purpose
    of  stimulating  and  aiding  rehabilitative  effort  and
    self-support activity.
    "Earned  income" means money earned in self-employment or
wages, salary, or commission for personal services  performed
as  an  employee.  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", any refund or payment of the federal Earned
Income Tax Credit, or any distributions or  items  of  income
described   under   subparagraph  (X)  of  paragraph  (2)  of
subsection (a) of Section 203 of the Illinois Income Tax Act.
    If federal laws  or  regulations  applicable  to  persons
receiving  assistance  under  Articles III or IV of this Code
permit or require the exemption of earned income in excess of
the foregoing  limitation  on  earned  income  exemptions  or
permit  or  require the exemption of certain other income and
resources, the Illinois Department, may, by  rule,  authorize
comparable exemptions in determining need under this Section.
(Source: P.A. 90-457, eff. 1-1-98; 91-676, eff. 12-23-99.)

    (305 ILCS 5/6-1.3a) (from Ch. 23, par. 6-1.3a)
    Sec.    6-1.3a.  Residents    of   public   institutions.
Residents   of   municipal,   county,   state   or   national
institutions for persons with mental illness or persons  with
a   developmental  disability  or  for  the  tuberculous,  or
residents of a home or other institution maintained  by  such
governmental  bodies  when not in need of  institutional care
because of sickness,  convalescence,  infirmity,  or  chronic
illness,  and  inmates  of penal or correctional institutions
maintained by such governmental bodies, may qualify  for  aid
under  this  Article  only  after  they  have  ceased  to  be
residents or inmates., but they may apply in advance of their
discharge. Applications received from residents scheduled for
discharge  from  such  institutions shall be processed by the
Department  in  an  expeditious  manner.  For  persons  whose
applications are approved, the earliest date  of  eligibility
shall be the date of release from the institution.
    A  person  shall  not  be  deemed  a  resident of a state
institution for persons with mental illness or persons with a
developmental disability within the meaning of  this  Section
if  he has been conditionally discharged by the Department of
Mental  Health  and   Developmental   Disabilities   or   the
Department  of  Human  Services  (acting  as successor to the
Department of Mental Health and  Developmental  Disabilities)
and is no longer residing in the institution.
    Recipients  of  benefits  under  this  Article who become
residents of such institutions shall be permitted a period of
up to 30 days in  such  institutions  without  suspension  or
termination of eligibility. Benefits for which such person is
eligible   shall  be  restored,  effective  on  the  date  of
discharge or  release,  for  persons  who  are  residents  of
institutions.   Within  a reasonable time after the discharge
of a person  who  was  a  resident  of  an  institution,  the
Department shall redetermine the eligibility of such person.
    The  Department  shall provide for procedures to expedite
the determination of  ability  to  engage  in  employment  of
persons  scheduled  to be discharged from facilities operated
by the Department.
    If federal law or regulations governing grants under this
Article permit the inclusion of persons who are residents  of
institutions  designated  in  this  Section beyond the period
authorized  herein,   the   Illinois   Department,   upon   a
determination  that  the  appropriations  for  public aid are
sufficient  for  such  purpose,  and  upon  approval  of  the
Governor, may provide by general and  uniform  rule  for  the
waiver   of  the  provisions  of  this  Section  which  would
otherwise disqualify such person for aid under this Article.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
    (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
    Sec. 6-2.  Amount of  aid.   The  amount  and  nature  of
General  Assistance  for basic maintenance requirements shall
be determined in accordance with local budget  standards  for
local  governmental  units  which do not receive State funds.
For local governmental units which do  receive  State  funds,
the  amount  and  nature  of  General  Assistance  for  basic
maintenance  requirements  shall  be determined in accordance
with the standards, rules and  regulations  of  the  Illinois
Department.  Beginning July 1, 1992, the supplementary grants
previously paid under this Section shall no longer  be  paid.
However,  the  amount  and nature of any financial aid 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 paragraph (2)
of subsection (a) of Section 203 of the Illinois  Income  Tax
Act.  Due  regard  shall be given to the requirements and the
conditions existing in each case, and to  the  income,  money
contributions and other support and resources available, from
whatever  source.  In  local  governmental units which do not
receive State funds, the grant shall be sufficient when added
to all other  income,  money  contributions  and  support  in
excess  of  any  excluded income or resources, to provide the
person with a grant in the  amount  established  for  such  a
person  by  the  local governmental unit based upon standards
meeting   basic   maintenance   requirements.     In    local
governmental  units  which  do receive State funds, the grant
shall be sufficient when added to  all  other  income,  money
contributions and support in excess of any excluded income or
resources,  to  provide the person with a grant in the amount
established for such a person by Department regulation  based
upon  standards providing a livelihood compatible with health
and well-being, as directed by Section 12-4.11 of this Code.
    The Illinois Department  may  conduct  special  projects,
which  may  be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed  in
jobs  and  their  grants  are diverted to the employer who in
turn makes payments to the recipients in the form  of  salary
or  other employment benefits.  The Illinois Department shall
by rule specify  the  terms  and  conditions  of  such  Grant
Diversion   Projects.    Such   projects   shall   take  into
consideration  and   be   coordinated   with   the   programs
administered   under   the   Illinois   Emergency  Employment
Development Act.
    The allowances provided under Article IX  for  recipients
participating  in  the  training  and rehabilitation programs
shall be in addition to such maximum payment.
    Payments may also be made to  provide  persons  receiving
basic  maintenance support with necessary treatment, care and
supplies required because of illness or  disability  or  with
acute  medical  treatment,  care,  and supplies. Payments for
necessary or acute medical care under this paragraph  may  be
made  to or in behalf of the person. Obligations incurred for
such services but not paid for at the time of  a  recipient's
death  may  be  paid, subject to the rules and regulations of
the Illinois Department, after the death of the recipient.
(Source: P.A. 90-372, eff. 7-1-98; 91-676, eff. 12-23-99.)

    (305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
    Sec. 6-11.  State funded General Assistance.
    (a)  Effective July 1, 1992,  all  State  funded  General
Assistance  and related medical benefits shall be governed by
this Section.  Other parts of this Code or other laws related
to General Assistance shall remain in effect  to  the  extent
they do not conflict with the provisions of this Section.  If
any  other  part  of  this  Code  or other laws of this State
conflict with the provisions of this Section, the  provisions
of this Section shall control.
    (b)  State  funded  General Assistance shall consist of 2
separate programs.  One program shall be for adults  with  no
children and shall be known as State Transitional Assistance.
The other program shall be for families with children and for
pregnant  women  and  shall  be  known  as  State  Family and
Children Assistance.
    (c) (1)  To be eligible for State Transitional Assistance
on or after July 1, 1992, an individual  must  be  ineligible
for  assistance under any other Article of this Code, must be
determined  chronically  needy,  and  must  be  one  of   the
following:
         (A)  age 18 or over or
         (B)  married and living with a spouse, regardless of
    age.
    (2)  The  Illinois  Department  or the local governmental
unit shall  determine  whether  individuals  are  chronically
needy as follows:
         (A)  Individuals  who  have applied for Supplemental
    Security Income (SSI) and  are  awaiting  a  decision  on
    eligibility  for  SSI  who are determined disabled by the
    Illinois Department  using  the  SSI  standard  shall  be
    considered  chronically  needy,  except  that individuals
    whose disability is based solely on substance  addictions
    (drug  abuse  and  alcoholism) and whose disability would
    cease were their addictions to end shall be eligible only
    for medical assistance and shall not be eligible for cash
    assistance  under  the  State   Transitional   Assistance
    program.
         (B)  If  an  individual has been denied SSI due to a
    finding of "not disabled" (either at  the  Administrative
    Law  Judge  level  or  above, or at a lower level if that
    determination was not appealed), the Illinois  Department
    shall  adopt that finding and the individual shall not be



    eligible for State Transitional Assistance or any related
    medical  benefits.   Such  an  individual  may   not   be
    determined  disabled  by  the  Illinois  Department for a
    period of 12 months, unless  the  individual  shows  that
    there has been a substantial change in his or her medical
    condition  or that there has been a substantial change in
    other factors, such as age or work experience, that might
    change the determination of disability.
         (C)  The Illinois Department, by rule,  may  specify
    other  categories  of  individuals  as chronically needy;
    nothing in this Section,  however,  shall  be  deemed  to
    require the inclusion of any specific category other than
    as specified in paragraphs (A) and (B).
    (3)  For  individuals  in  State Transitional Assistance,
medical assistance shall be provided in an amount and  nature
determined  by the Illinois Department of Public Aid by rule.
The amount and nature of medical assistance provided need not
be  the  same  as  that  provided  under  paragraph  (4)   of
subsection (d) of this Section, and nothing in this paragraph
(3)  shall  be  construed  to  require  the  coverage  of any
particular medical  service.  In  addition,  the  amount  and
nature  of  medical  assistance provided may be different for
different categories of  individuals  determined  chronically
needy.
    (4)  The  Illinois  Department  shall determine, by rule,
those assistance recipients under Article  VI  who  shall  be
subject   to  employment,  training,  or  education  programs
including Earnfare, the content of those  programs,  and  the
penalties for failure to cooperate in those programs.
    (5)  The  Illinois  Department  shall, by rule, establish
further eligibility requirements, including but  not  limited
to residence, need, and the level of payments.
    (d) (1)  To  be  eligible  for  State Family and Children
Assistance, a family unit must be ineligible  for  assistance
under any other Article of this Code and must contain a child
who is:
         (A)  under age 18 or
         (B)  age  18  and a full-time student in a secondary
    school or the equivalent level of vocational or technical
    training, and who may reasonably be expected to  complete
    the program before reaching age 19.
    Those  children  shall  be  eligible for State Family and
Children Assistance.
    (2)  The natural or adoptive parents of the child  living
in  the  same  household may be eligible for State Family and
Children Assistance.
    (3)  A pregnant woman whose pregnancy has  been  verified
shall be eligible for income maintenance assistance under the
State Family and Children Assistance program.
    (4)  The amount and nature of medical assistance provided
under  the State Family and Children Assistance program shall
be determined by the Illinois Department  of  Public  Aid  by
rule.  The  amount  and nature of medical assistance provided
need not be the same as that provided under paragraph (3)  of
subsection (c) of this Section, and nothing in this paragraph
(4)  shall  be  construed  to  require  the  coverage  of any
particular medical service.
    (5)  The Illinois Department shall,  by  rule,  establish
further  eligibility  requirements, including but not limited
to residence, need, and the level of payments.
    (e)  A  local   governmental   unit   that   chooses   to
participate  in  a  General  Assistance  program  under  this
Section  shall  provide  funding  in  accordance with Section
12-21.13 12-21.3 of this Act. Local governmental  funds  used
to qualify for State funding may only be expended for clients
eligible  for  assistance under this Section 6-11 and related
administrative expenses.
    (f)  In order to qualify for  State  funding  under  this
Section,  a  local  governmental unit shall be subject to the
supervision and the rules and  regulations  of  the  Illinois
Department.
    (g)  Notwithstanding  any  other  provision in this Code,
the Illinois  Department  is  authorized  to  reduce  payment
levels  used  to determine cash grants provided to recipients
of State Transitional Assistance at any time within a  Fiscal
Year  in  order  to  ensure  that  cash  benefits  for  State
Transitional   Assistance   do   not   exceed   the   amounts
appropriated  for  those  cash  benefits.  Changes in payment
levels may be accomplished by emergency  rule  under  Section
5-45  of  the  Illinois  Administrative Procedure Act, except
that the limitation on the number of emergency rules that may
be adopted in a 24-month  period  shall  not  apply  and  the
provisions  of  Sections  5-115  and  5-125  of  the Illinois
Administrative Procedure Act shall not apply.  This provision
shall also be applicable to any reduction in  payment  levels
made upon implementation of this amendatory Act of 1995.
(Source: P.A.   88-45;   89-21,  eff.  7-1-95;  89-507,  eff.
7-1-97.)

    (305 ILCS 5/9-1) (from Ch. 23, par. 9-1)
    Sec. 9-1.  Declaration of Purpose.  It is the purpose  of
this  Article  to aid applicants for and recipients of public
aid under Articles III, IV, V, and VI and  VII,  to  increase
their capacities for self-support, self-care, and responsible
citizenship,   and   to   assist   them  in  maintaining  and
strengthening family life. If authorized pursuant to  Section
9-8,  this  Article  may  be extended to former and potential
recipients and to persons whose income does  not  exceed  the
standard  established  to  determine eligibility for aid as a
medically indigent person under Article  V.  The  Department,
with the written consent of the Governor, may also:
    (a)  extend   this   Article  to  individuals  and  their
families with income closely related to national  indices  of
poverty    who    have    special    needs   resulting   from
institutionalization of a family member  or  conditions  that
may  lead to institutionalization or who live in impoverished
areas or in facilities developed  to  serve  persons  of  low
income;
    (b)  establish, where indicated, schedules of payment for
service provided based on ability to pay;
    (c)  provide for the coordinated delivery of the services
described  in  this  Article  and related services offered by
other  public  or  private  agencies  or  institutions,   and
cooperate  with the Illinois Department on Aging to enable it
to properly execute and fulfill its duties  pursuant  to  the
provisions  of  Section  4.01  of  the  "Illinois  Act on the
Aging", as now or hereafter amended;
    (d)  provide in-home care services,  such  as  chore  and
housekeeping services or homemaker services, to recipients of
public   aid   under  Articles  IV  and  VI,  the  scope  and
eligibility criteria for such services to  be  determined  by
rule; and
    (e)  contract  with other State agencies for the purchase
of social service under Title XX of the Social Security  Act,
such services to be provided pursuant to such other agencies'
enabling legislation.
    (f)  cooperate with the Illinois Department of Public Aid
to   provide  services  to  public  aid  recipients  for  the
treatment and prevention of alcoholism and substance abuse.
(Source: P.A. 89-507, eff. 7-1-97.)

    (305 ILCS 5/9-5) (from Ch. 23, par. 9-5)
    Sec. 9-5.  Educational programs; vocational training  and
retraining.  The Illinois Department, the County Departments,
and local governmental units shall cooperate with all  public
or  private  education  and vocational training or retraining

agencies or facilities operating within this State, or making
their services available to residents of this State,  to  the
end  that  there may be developed all necessary education and
vocational training or  retraining  services  and  facilities
required to improve the skills of persons receiving aid under
Articles  III,  V,  and  VI,  and  VII  for whom jobs are not
immediately  available,  or  which  will  provide  education,
training, and experience for  persons  who  lack  the  skills
required  for  employment  opportunities as are or may become
available. The education, training,  or  retraining  services
and  facilities  shall  assure  that  persons  receiving this
assistance who are  subject  to  participation  shall  become
enrolled   in,   and  attend,  programs  that  will  lead  to
graduation from  high  school  or  the  equivalent  when  the
Illinois   Department   determines  these  programs  will  be
beneficial to the person in obtaining employment.
    Participants in any educational  or  vocational  training
program shall be provided with an extra allowance towards the
costs of their participation.
(Source: P.A. 86-1184; 86-1381; 87-528.)

    (305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
    Sec.  9-6.  Job  Search,  Training and Work Programs. The
Illinois  Department  and  local  governmental  units   shall
initiate,  promote  and develop job search, training and work
programs which will provide employment for and contribute  to
the  training  and  experience of persons receiving aid under
Articles III, V, and VI, and VII.
    The job search,  training  and  work  programs  shall  be
designed  to  preserve and improve the work habits and skills
of recipients for whom jobs  are  not  otherwise  immediately
available   and   to  provide  training  and  experience  for
recipients who lack the skills required for  such  employment
opportunities  as  are or may become available.  The Illinois
Department and local governmental  unit  shall  determine  by
rule  those  classes  of  recipients  who shall be subject to
participation  in  such  programs.   If   made   subject   to
participation, every applicant for or recipient of public aid
who  is  determined  to be "able to engage in employment", as
defined by the Department or local governmental unit pursuant
to rules and regulations, for whom unsubsidized jobs are  not
otherwise   immediately   available   shall  be  required  to
participate in any program established under this Section.
    The Illinois Department shall establish with the Director
of Central  Management  Services  an  outreach  and  training
program   designed   to   encourage   and  assist  recipients
participating in job search, training and  work  programs  to
participate  in open competitive examinations for trainee and
other entry level positions  to  maximize  opportunities  for
placement  on open competitive eligible listings and referral
to State agencies for employment consideration.
    The Department shall provide payment for  transportation,
day-care  and  Workers'  Compensation  costs  which occur for
recipients as  a  result  of  participating  in  job  search,
training and work programs as described in this Section.  The
Department  may  decline  to  initiate such programs in areas
where eligible recipients would be so few in number as to not
economically justify such programs; and  in  this  event  the
Department  shall  not  require  persons  in  such  areas  to
participate  in  any  job  search, training, or work programs
whatsoever as a condition of their continued receipt  of,  or
application for, aid.
    The  programs  may  include, but shall not be limited to,
service in child  care  centers,  in  preschool  programs  as
teacher  aides and in public health programs as home visitors
and health aides; the maintenance of or services required  in
connection with public offices, buildings and grounds; state,
county  and  municipal  hospitals,  forest  preserves, parks,
playgrounds, streets and  highways,  and  other  governmental
maintenance  or  construction  directed  toward environmental
improvement; and similar facilities.
    The Illinois Department or local governmental  units  may
enter  into  agreements  with local taxing bodies and private
not-for-profit organizations, agencies  and  institutions  to
provide for the supervision and administration of job search,
work  and training projects authorized by this Section.  Such
agreements shall stipulate the requirements  for  utilization
of  recipients  in  such  projects.  In addition to any other
requirements  dealing  with  the  administration   of   these
programs,  the Department shall assure, pursuant to rules and
regulations, that:
         (a)  Recipients may not displace regular employees.
         (b)  The maximum number of hours of  mandatory  work
    is  8  hours per day and 40 hours per week, not to exceed
    120 hours per month.
         (c)  The maximum number of hours per month shall  be
    determined  by  dividing  the recipient's benefits by the
    federal minimum wage, rounded to the  lowest  full  hour.
    "Recipient's  benefits" in this subsection includes:  (i)
    both cash assistance and  food  stamps  provided  to  the
    entire  assistance  unit  or  household  by  the Illinois
    Department  where  the  job  search,  work  and  training
    program is administered by the Illinois  Department  and,
    where  federal  programs  are involved, includes all such
    cash assistance and food stamps provided to the  greatest
    extent allowed by federal law; or (ii) includes only cash
    assistance  provided to the entire assistance unit by the
    local governmental unit where the job  search,  work  and
    training   program   is   administered   by   the   local
    governmental unit.
         (d)  The  recipient shall be provided or compensated
    for transportation to and from the work location.
         (e)  Appropriate    terms    regarding     recipient
    compensation are met.
    Local    taxing   bodies   and   private   not-for-profit
organizations,  agencies  and  institutions   which   utilize
recipients   in   job  search,  work  and  training  projects
authorized  by  this  Section  are  urged  to  include   such
recipients in the formulation of their employment policies.
    Unless directly paid by an employing local taxing body or
not-for-profit  agency,  a  recipient participating in a work
project who meets all requirements set forth by the  Illinois
Department  shall  receive  credit towards his or her monthly
assistance  benefits  for  work  performed  based  upon   the
applicable  minimum  wage  rate.   Where  a recipient is paid
directly by an employing agency, the Illinois  Department  or
local  governmental  unit  shall  provide for payment to such
employing  entity  the  appropriate  amount   of   assistance
benefits  to  which the recipient would otherwise be entitled
under this Code.
    The Illinois Department or its designee, including  local
governmental  units,  may  enter  into  agreements  with  the
agencies   or  institutions  providing  work  under  programs
established hereunder  for  payment  to  each  such  employer
(hereinafter  called  "public  service employer") of all or a
portion of the wages to be  paid  to  persons  for  the  work
performed and other appropriate costs.
    If  the  number of persons receiving aid under Article VI
is insufficient to justify the establishment of  job  search,
training  and  work  programs  on  a  local  basis by a local
governmental  unit,  or  if  for   other   good   cause   the
establishment   of   a   local   program  is  impractical  or
unwarranted, the local governmental unit shall cooperate with
other local governmental units,  with  civic  and  non-profit
community  agencies,  and  with  the  Illinois  Department in
developing a program or programs which will jointly serve the
participating governmental units and agencies.
    Wherever feasible the Illinois Department  may  make  job
search,  training  and  work  programs  established by it for
persons receiving aid under Articles III, V and VII available
also to recipients under Article VI.
    A local governmental unit  receiving  State  funds  shall
refer all recipients able to engage in employment to such job
search,  training  and  work  programs  as  are  established,
whether  within  or without the governmental unit, and as are
accessible to persons receiving  aid  from  the  governmental
unit.  The  Illinois  Department shall withhold allocation of
state funds to any governmental unit which fails  or  refuses
to make such referrals.
    Participants  in  job  search, training and work programs
shall  be  required  to  maintain  current  registration  for
regular employment under Section 11-10 and to accept any bona
fide offer of regular  employment.  They  shall  likewise  be
required to accept education, work and training opportunities
available  to  them  under  other  provisions of this Code or
Federal law. The Illinois Department  or  local  governmental
unit  shall  provide  by  rule  for  periodic  review  of the
circumstances  of   each   participant   to   determine   the
feasibility  of  his placement in regular employment or other
work, education and training opportunities.
    Moneys made  available  for  public  aid  purposes  under
Articles  III,  IV and, V, VI, and VII may be expended to pay
public service employers all or a portion  of  the  wages  of
public  service  employees  and  other  appropriate costs, to
provide necessary supervisory  personnel  and  equipment,  to
purchase  Workers'  Compensation Insurance or to pay Workers'
Compensation claims, and to  provide  transportation  to  and
from work sites.
    The   Department   shall   provide   through   rules  and
regulations for sanctions against applicants  and  recipients
of  aid  under  this  Code  who  fail  to  cooperate with the
regulations and requirements  established  pursuant  to  this
Section.  Such  sanctions may include the loss of eligibility
to receive aid under Article VI of this  Code  for  up  to  3
months.
    The  Department, in cooperation with a local governmental
unit, may maintain a roster of persons who  are  required  to
participate in a local job search, training and work program.
In  such  cases, the roster shall be available for inspection
by employers for the selection of possible workers.
    In addition to the programs authorized by  this  Section,
the  Illinois  Department is authorized to administer any job
search, training or work projects  in  conjunction  with  the
Federal  Food  Stamp  Program,  either  under this Section or
under other regulations required by the Federal government.
    The  Illinois  Department  may  also   administer   pilot
programs to provide job search, training and work programs to
unemployed  parents  of  children  receiving support services
under Article X of this Code.
    Beginning January 1, 1994, the Illinois Department  shall
conduct  an  ongoing  longitudinal  study of the Department's
JOBS programs operated under the federal Family  Support  Act
and  the  Social  Security  Act.  The study shall examine the
impact of the JOBS programs and supportive services upon  the
participants'  level  of  self-sufficiency, skills, earnings,
and welfare dependency  in  the  short  and  long  term.   In
conducting  this study, the Department shall utilize the data
collected by the Department to fulfill  its  responsibilities
under  Section  9-6.01  of this Code and under 42 U.S.C. Sec.
687 and their implementing regulations, in addition  to  data
from  the  case  files of the participants in the study.  The
Department shall select a statistically valid  random  sample
of  cases in its JOBS program and follow these cases from the
date of their initial enrollment in one of the JOBS  programs
to  the  date on which they have not received cash assistance
under Article IV of this Code for  at  least  24  consecutive
months.   To the extent that information or data necessary to
fulfill the requirements of this Section is available  to  or
in  the  possession or control of other State agencies, those
agencies, at the request of the Department, shall collect the
requested  data  or  information  and  forward  it   to   the
Department.   The  Department  shall  consult with the Social
Services  Advisory  Council  in  arriving  at  the   specific
elements of the longitudinal study, the particular data to be
included  in  the study, and the contents of the reports that
the Department shall  prepare  based  upon  the  study.   The
Department shall collect at least the following categories of
data  from  the  cases  in  the  study sample:  demographics,
employment  history,  welfare  history,  JOBS   participation
history,  child care and other supportive service utilization
history, child support status and child  support  enforcement
history,  and  Medicaid  usage history.  The Department shall
report the results of the study to the General Assembly on or
before January 1, 1997 and each year  thereafter  along  with
recommendations  for  changes in the JOBS programs' structure
or funding based on the  study's  findings.   The  Department
shall create a data base that includes all of the information
collected for the study.  The data base shall be available to
the   public   upon   request.   The  Department  may  assign
individual identifying codes to the cases in the study sample
to preserve the anonymity of the recipients while  making  it
possible to distinguish and track the cases.
(Source: P.A. 88-396.)

    (305 ILCS 5/9-6.1) (from Ch. 23, par. 9-6.1)
    Sec.  9-6.1.  Housing  Education  Program.  The  Illinois
Department, upon consultation with and advice of the Citizens
Assembly/Council  on  Public  Aid,  shall  establish,  either
directly  or  by  contract,  a  pilot  project  for a housing
education program that will  provide  persons  receiving  aid
under  Articles  III, IV, V, and VI and VII with instructions
in the  care  and  maintenance  of  dwelling  units,  in  the
essentials  of  adequate  housekeeping,  and  the problems of
urban living. If in accord with Federal law  and  regulations
governing  grants  to this State for public aid purposes, the
Department  may  require  recipients  to  attend  a   housing
education  program. Non-recipients to whom services have been
extended under the provisions of Section 9-8 may also  attend
and  participate  in  a housing education program established
hereunder.
(Source: P.A. 86-651.)

    (305 ILCS 5/9-6.2) (from Ch. 23, par. 9-6.2)
    Sec. 9-6.2. Township assistance  to  county  convalescent
homes.  In  counties under township organization, the several
townships therein  which  do  not  receive  State  funds  for
general  assistance  or  aid  to the medically indigent under
Article VII of this Code may provide,  from  moneys  received
and  collected  for  public  aid   to  all  persons  eligible
therefor  under  Article  VI  of  this  Code,  funds  for the
operation costs  of  any  county  convalescent  home  in  the
county,  in addition to payment of patient expenses otherwise
provided for under this Code.   No  township  which  receives
State  funds  for  general assistance or aid to the medically
indigent under Article  VII  of  this  Code  may  use  moneys
received  and collected for public aid for such assistance to
county convalescent homes.  "County convalescent home"  shall
refer  to  any  facility  that  was  established  by a county
according to the provisions of Division 5-21 of the  Counties
Code or its predecessor.
(Source: P.A. 86-1475.)
    (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
    Sec.   9A-3.  Establishment   of  Program  and  Level  of
Services.
    (a)  The Illinois Department shall establish and maintain
a program to provide recipients with services consistent with
the purposes and provisions of  this  Article.   The  program
offered in different counties of the State may vary depending
on  the resources available to the State to provide a program
under this Article, and no program may  be  offered  in  some
counties, depending on the resources available.  Services may
be  provided  directly  by the Illinois Department or through
contract, as allowed  by  federal  law.   References  to  the
Illinois Department or staff of the Illinois Department shall
include  contractors when the Illinois Department has entered
into contracts for these purposes.  The  Illinois  Department
shall  provide  each  recipient  who  participates  with such
services available under the  program  as  are  necessary  to
achieve his employability plan as specified in the plan.
    (b)  The  Illinois  Department, in operating the program,
shall  cooperate  with  public  and  private  education   and
vocational training or retraining agencies or facilities, the
Illinois  State  Board  of  Education, the Illinois Community
College Board, the Departments  of  Employment  Security  and
Commerce   and   Community   Affairs   or   other  sponsoring
organizations  funded  under   the   federal   Job   Training
Partnership   Act   and  other  public  or  licensed  private
employment agencies.
(Source: P.A. 90-17, eff. 7-1-97.)

    (305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
    Sec. 9A-5.  Exempt recipients.
    (a)  Exempt recipients under Section 9A-4  may  volunteer
to participate.
    (b)  Services  will  be  offered to exempt and non-exempt
individuals who wish to volunteer to participate only to  the
extent resources permit.
    (c)  Exempt  and  non-exempt individuals who volunteer to
participate become program participants  upon  completion  of
the  initial  assessment,  development  of  the employability
plan, and assignment to a component.  Volunteers who fail  to
attend the orientation or initial assessment meetings or both
will  not  be  sanctioned.  Exempt and non-exempt individuals
who  attend  the  orientation  meeting  and  become   program
participants    by   completing   the   initial   assessment,
development of the employability plan, and  assignment  to  a
component  may  be  sanctioned  if  they  do not meet program
requirements without good cause. The Illinois Department  may
implement  this  amendatory  Act  of  1995 through the use of
emergency rules  in  accordance  with  Section  5-45  of  the
Illinois  Administrative  Procedure Act.  For purposes of the
Illinois Administrative Procedure Act, the adoption of  rules
to  implement this amendatory Act of 1995 shall be considered
an emergency and necessary for the  public  interest,  safety
and welfare.
(Source: P.A. 89-289, eff. 1-1-96.)

    (305 ILCS 5/9A-13)
    Sec. 9A-13.  Work activity; anti-displacement provisions.
    (a)  As  used  in  this Section "work activity" means any
workfare,          earnfare,           pay-after-performance,
work-off-the-grant,  work experience, or other activity under
Section Sections 9A-9, 9A-12, or any other  Section  of  this
Code  in which a recipient of public assistance performs work
for any employer as  a  condition  of  receiving  the  public
assistance, and the employer does not pay wages for the work;
or  as  any grant diversion, wage supplementation, or similar
program in which the public assistance grant is  provided  to
the  employer  as a subsidy for the wages of any recipient in
its workforce.
    (b)  An  employer  may  not  utilize  a   work   activity
participant if such utilization would result in:
         (1)  the  displacement  or  partial  displacement of
    current  employees,  including  but  not  limited  to   a
    reduction  in  hours  of  non-overtime  or overtime work,
    wages, or employment benefits; or
         (2)  the filling of a position that would  otherwise
    be a promotional opportunity for current employees; or
         (3)  the filling of a position created by or causing
    termination,  layoff,  a hiring freeze, or a reduction in
    the workforce; or
         (4)  the  placement  of   a   participant   in   any
    established unfilled vacancy; or
         (5)  the  performance  of  work  by a participant if
    there is a strike, lockout, or  other  labor  dispute  in
    which the employer is engaged.
    (c)  An  employer  who  wishes  to  utilize work activity
participants shall, at least 15 days prior to utilizing  such
participants, notify the labor organization of the name, work
location, and the duties to be performed by the participant.
    (d)  The  Department  of Human Services shall establish a
grievance procedure for employees and labor organizations  to
utilize  in  the  event  of  any  alleged  violation  of this
Section.  Notwithstanding the above, a labor organization may
utilize the established grievance or arbitration procedure in
its collective bargaining agreement to contest violations  of
this Section.
(Source: P.A. 90-17, eff. 7-1-97.)

    (305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
    Sec.  11-3.  Assignment and attachment of aid prohibited.
Except as provided below  in  this  Section  and  in  Section
11-3.3,  all  financial  aid given under Articles III, IV, V,
and VI and VII and money payments  for  child  care  services
provided  by  a child care provider under Articles IX and IXA
shall  not  be  subject  to  assignment,  sale,   attachment,
garnishment, or otherwise.  Provided, however, that a medical
vendor  may  use  his  right  to  receive  vendor payments as
collateral for loans from financial institutions so  long  as
such  arrangements  do not constitute any activity prohibited
under Section 1902(a)(32) of  the  Social  Security  Act  and
regulations  promulgated  thereunder, or any other applicable
laws  or  regulations.  Provided  further,  however,  that  a
medical or other vendor or a  service  provider  may  assign,
reassign,  sell,  pledge  or grant a security interest in any
such financial aid, vendor  payments  or  money  payments  or
grants which he has a right to receive to the Illinois Health
Facilities   Authority,  in  connection  with  any  financing
program  undertaken  by  the   Illinois   Health   Facilities
Authority,  or to the Illinois Development Finance Authority,
in connection with any financing program  undertaken  by  the
Illinois  Development  Finance Authority.  Each Authority may
utilize a trustee or agent to accept, accomplish,  effectuate
or  realize  upon  any  such  assignment, reassignment, sale,
pledge or grant on that Authority's behalf. Provided further,
however, that  nothing  herein  shall  prevent  the  Illinois
Department  from  collecting any assessment, fee, interest or
penalty  due  under  Article  V-A,  V-B,  V-C,  or   V-E   by
withholding financial aid as payment of such assessment, fee,
interest, or penalty. Any alienation in contravention of this
statute  does  not diminish and does not affect the validity,
legality or enforceability of any underlying obligations  for
which  such  alienation  may  have  been  made  as collateral
between the parties to the alienation.  This  amendatory  Act
shall  be  retroactive  in  application  and shall pertain to
obligations existing prior to its enactment.
(Source: P.A. 87-13;  87-842;  87-861;  88-88;  88-554,  eff.
7-26-94.)

    (305 ILCS 5/11-6.1) (from Ch. 23, par. 11-6.1)
    Sec. 11-6.1.  Identification card; Report of loss.
    (a)  (Blank).  The  Illinois  Department  shall  issue an
identification card to every payee  of  a  grant  under  this
Code.
    (b)  (Blank). Within 180 days after the effective date of
this  amendatory  Act  of 1990, the Illinois Department shall
establish  a  program  which  provides  for  the   electronic
transfer  of  funds  to participating financial institutions.
The program shall provide for the safe, secure and convenient
redemption of benefits by  any  person  entitled  to  receive
benefits under this Code.
    (c)  The   payee   of  a  grant  under  this  Code  shall
immediately report to the Illinois Department  the  theft  or
other loss of any instrument used in making a grant payment.
(Source: P.A. 86-1235.)

    (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
    Sec.  11-8.   Appeals  -  to  whom  taken.  Applicants or
recipients of aid may, at any time within 60 days  after  the
decision of the County Department or local governmental unit,
as  the case may be, appeal a decision denying or terminating
aid, or granting aid in an amount which is deemed inadequate,
or changing, cancelling, revoking  or  suspending  grants  as
provided   in   Section  11-16,  or  determining  to  make  a
protective payment under the provisions of Sections  3-5a  or
4-9,  or  a  decision  by  an  administrative review board to
impose administrative safeguards as provided in Section 8A-8.
An appeal shall also lie when an  application  is  not  acted
upon  within  the time period after filing of the application
as provided by rule of the Illinois Department.
    If an appeal is  not  made,  the  action  of  the  County
Department or local governmental unit shall be final.
    Appeals  by  applicants or recipients under Articles III,
IV, or V or VII shall be taken to the Illinois Department.
    Appeals by applicants  or  recipients  under  Article  VI
shall be taken as follows:
         (1)  In counties under township organization (except
    such counties in which the governing authority is a Board
    of  Commissioners)  appeals  shall  be  to  a  Public Aid
    Committee consisting of the Chairman of the County Board,
    and 4 members who are  township  supervisors  of  general
    assistance,  appointed  by  the Chairman, with the advice
    and consent of the county board.
         (2)  In counties in excess of  3,000,000  population
    and  under  township  organization in which the governing
    authority is a Board of Commissioners, appeals of persons
    from government units outside the corporate limits  of  a
    city,  village  or incorporated town of more than 500,000
    population, and of persons from incorporated towns  which
    have  superseded  civil townships in respect to aid under
    Article VI, shall be to the Cook County Townships  Public
    Aid  Committee consisting of 2 township supervisors and 3
    persons knowledgeable in the area of  General  Assistance
    and the regulations of the Illinois Department pertaining
    thereto  and who are not officers, agents or employees of
    any township, except that township supervisors may  serve
    as  members  of  the  Cook County Township Public Aid and
    Committee.  The 5 member committee shall be appointed  by
    the township supervisors. The first appointments shall be
    made  with  one person serving a one year term, 2 persons
    serving a 2 year term, and 2 persons  serving  a  3  year
    term.   Committee  members  shall thereafter serve 3 year
    terms. In any appeal involving a local governmental  unit
    whose supervisor of general assistance is a member of the
    Committee,  such  supervisor shall not act as a member of
    the Committee for  the  purposes  of  such  appeal.   The
    township  whose  action,  inaction,  or decision is being
    appealed shall bear the expenses related to the appeal as
    determined  by  the  Cook  County  Townships  Public  Aid
    Committee.   A  township  supervisor's  compensation  for
    general assistance or township related duties  shall  not
    be considered an expense related to the appeal except for
    expenses related to service on the Committee.
         (3)  In  counties described in paragraph (2) appeals
    of persons from a city, village or incorporated  town  of
    more  than  500,000  population  shall be to the Illinois
    Department a Commissioner of  Appeals,  appointed  as  an
    employee  of  the  County  Department  of  Public  Aid in
    accordance with and subject to the provisions of  Section
    12-21.3.
         (4)  In  counties  not  under township organization,
    appeals shall be to the  County  Board  of  Commissioners
    which  shall for this purpose be the Public Aid Committee
    of the County.
    In counties designated in paragraph (1) the  Chairman  or
President  of the County Board shall appoint, with the advice
and consent of  the  county  board,  one  or  more  alternate
members   of  the  Public  Aid  Committee.  All  regular  and
alternate members shall be Supervisors of General Assistance.
In any appeal  involving  a  local  governmental  unit  whose
Supervisor   of   General  Assistance  is  a  member  of  the
Committee, he  shall  be  replaced  for  that  appeal  by  an
alternate  member  designated by the Chairman or President of
the County Board, with the advice and consent of  the  county
board.  In  these  counties  not more than 3 of the 5 regular
appointees shall be  members  of  the  same  political  party
unless  the  political  composition of the Supervisors of the
General Assistance precludes such  a  limitation.   In  these
counties  at  least  one  member  of the Public Aid Committee
shall be a  person  knowledgeable  in  the  area  of  general
assistance  and  the  regulations  of the Illinois Department
pertaining thereto.  If no member of the Committee  possesses
such  knowledge,  the  Illinois Department shall designate an
employee of the Illinois Department having such knowledge  to
be present at the Committee hearings to advise the Committee.
    In every county the County Board shall provide facilities
for  the conduct of hearings on appeals under Article VI. All
expenses incident to such hearings  shall  be  borne  by  the
county except that in counties under township organization in
which the governing authority is a Board of Commissioners (1)
the  salary and other expenses of the Commissioner of Appeals
shall be paid from General  Assistance  funds  available  for
administrative  purposes,  and  (2)  all expenses incident to
such hearings shall be borne by the township and the per diem
and traveling expenses of the township supervisors serving on
the Public Aid Committee shall be fixed  and  paid  by  their
respective  townships.   In all other counties the members of
the Public Aid Committee shall receive the  compensation  and
expenses  provided  by  law for attendance at meetings of the
County Board.
    In appeals under Article VI involving a governmental unit
receiving State funds,  the  Public  Aid  Committee  and  the
Commissioner  of  Appeals  shall  be  bound  by the rules and
regulations of the Illinois Department which are relevant  to
the  issues on appeal, and shall file such reports concerning
appeals as the Illinois Department requests.
    An appeal shall be without  cost  to  the  appellant  and
shall  be  made,  at the option of the appellant, either upon
forms provided and prescribed by the Illinois Department  or,
for  appeals to a Public Aid Committee, upon forms prescribed
by the County Board; or an appeal may be made  by  calling  a
toll-free  number  provided  for that purpose by the Illinois
Department and  providing  the  necessary  information.   The
Illinois   Department   may   assist   County   Boards  or  a
Commissioner of Appeals in the preparation of  appeal  forms,
or  upon request of a County Board or Commissioner of Appeals
may  furnish  such  forms.  County  Departments   and   local
governmental  units  shall render all possible aid to persons
desiring to make  an  appeal.   The  provisions  of  Sections
11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
(Source:  P.A.  90-17,  eff.  7-1-97;  90-210,  eff. 7-25-97;
90-655, eff. 7-30-98.)

    (305 ILCS 5/11-8.7) (from Ch. 23, par. 11-8.7)
    Sec. 11-8.7.  Judicial  review.  The  provisions  of  the
Administrative  Review Law, as amended, and the rules adopted
pursuant thereto, shall apply to and govern  all  proceedings
for  the judicial review of final administrative decisions of
the  Illinois  Department  on  appeals   by   applicants   or
recipients  under  Articles  III,  IV,  or V or VII. The term
"administrative decision" is defined as in Section  3-101  of
the Code of Civil Procedure.
(Source: P.A. 82-783.)

    (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
    Sec.  11-9.  Protection  of records - Exceptions. For the
protection  of  applicants  and  recipients,   the   Illinois
Department,  the  county  departments  and local governmental
units  and  their  respective  officers  and  employees   are
prohibited,  except  as hereinafter provided, from disclosing
the   contents   of   any   records,   files,   papers    and
communications,  except  for purposes directly connected with
the administration of public aid under this Code.
    In any judicial proceeding, except a proceeding  directly
concerned with the administration of programs provided for in
this  Code,  such  records, files, papers and communications,
and their contents shall be deemed privileged  communications
and  shall  be  disclosed  only  upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
    The  Illinois  Department  shall  establish  and  enforce
reasonable rules and regulations governing the  custody,  use
and   preservation   of   the  records,  papers,  files,  and
communications  of  the  Illinois  Department,   the   county
departments  and  local governmental units receiving State or
Federal funds or aid.  The  governing  body  of  other  local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
    The contents of case files pertaining to recipients under
Articles  IV,  V,  and  VI,  and  VII shall be made available
without subpoena or formal notice  to  the  officers  of  any
court,  to  all  law  enforcing  agencies,  and to such other
persons or agencies as from time to time may be authorized by
any court.  In particular, the contents of those  case  files
shall  be  made  available  upon request to a law enforcement
agency for the purpose of determining the current address  of
a  recipient  with  respect  to  whom  an  arrest  warrant is
outstanding. Information  shall  also  be  disclosed  to  the
Illinois   State   Scholarship   Commission  pursuant  to  an
investigation or audit  by  the  Illinois  State  Scholarship
Commission of a delinquent student loan or monetary award.
    This Section does not prevent the Illinois Department and
local  governmental  units  from reporting to appropriate law
enforcement officials  the  desertion  or  abandonment  by  a
parent  of  a  child,  as a result of which financial aid has
been necessitated under Articles IV, V, or  VI,  or  VII,  or
reporting  to appropriate law enforcement officials instances
in which a mother under age 18 has a child out of wedlock and
is an applicant for or recipient of aid under any Article  of
this  Code.  The  Illinois Department may provide by rule for
the  county  departments  and  local  governmental  units  to
initiate proceedings under the Juvenile Court Act of 1987  to
have  children  declared  to be neglected when they deem such
action  necessary  to  protect  the  children  from   immoral
influences present in their home or surroundings.
    This  Section  does not preclude the full exercise of the
powers of the Board of Public Aid  Commissioners  to  inspect
records  and  documents,  as provided for all advisory boards
pursuant  to  Section  5-505  of  the  Departments  of  State
Government Law (20 ILCS 5/5-505).
    This Section does not preclude exchanges  of  information
among  the  Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department  of  Public
Aid),  and the Illinois Department of Revenue for the purpose
of verifying sources and amounts  of  income  and  for  other
purposes  directly  connected with the administration of this
Code and of the Illinois Income Tax Act.
    The provisions of this Section and of  Section  11-11  as
they  apply  to applicants and recipients of public aid under
Article Articles III, IV and V shall be operative only to the
extent that they do not conflict  with  any  Federal  law  or
regulation  governing  Federal  grants to this State for such
programs.
    The Illinois Department of Public Aid and the  Department
of Human Services (as successor to the Illinois Department of
Public  Aid)  shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the  Department  of  Children
and  Family  Services  may  have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental  health,  or  any  other
medical   records)   of   the   Illinois  Department,  county
departments, and local governmental units receiving State  or
federal  funds  or  aid,  if  the  Department of Children and
Family Services determines the information  is  necessary  to
perform  its  duties  under  the  Abused  and Neglected Child
Reporting Act, the Child Care Act of 1969, and  the  Children
and Family Services Act.
(Source:  P.A.  90-14,  eff.  7-1-97;  90-590,  eff.  1-1-00;
91-239, eff. 1-1-00.)

    (305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
    Sec. 11-15.  Application requirements.
    (1)  An  application  for financial aid shall be filed in
writing by the person requesting aid and, in the  case  of  a
request for family aid, by the head of that family, except as
otherwise  permitted  in  paragraph (2). Applications for aid
under Articles III, IV, and V  and  VII  shall  be  filed  in
writing with the county department of the county in which the
applicant  resides  in  the manner prescribed by the Illinois
Department. Applications for aid under Article  VI  shall  be
filed  in writing with the local governmental unit upon forms
approved by the Illinois Department.
    Each applicant shall provide information as to the amount
of property, real and personal, owned by him  or  her  within
the  period  of  time  preceding  the application as required
under Sections 3-1.3, 4-1.11, and 5-2.1  of  this  Code.  The
applicant  shall  also  furnish  information  concerning  all
income,  money  contributions,  and  other  support  from any
source, and the beneficiary and the amount or cash  surrender
or  loan  value  of all insurance policies held by himself or
herself  or  any  member  of  his  family  for  whom  aid  is
requested.
    (2)  An application, in all instances to be  in  writing,
may  be  filed in behalf of a person considered to be in need
of financial aid under Articles III, IV, V, or VI or VII only
if the person
         (a)  has been adjudged to be under legal disability;
    or
         (b)  is unable because of minority  or  physical  or
    mental disability, to execute the application; or
         (c)  in  the  case  of  need for funeral and burial,
    died before an application was filed and the  application
    is  filed not more than 30 days after the person's death,
    excluding the day on which the death occurred.
    Applications in behalf of persons specified  in  (a)  and
(b) shall be filed by the applicant's legal guardian or, if a
guardian has not been appointed or the applicant has no legal
guardian  or  the guardian is not available, by a relative or
other person, acceptable under  the  rules  of  the  Illinois
Department,  who is able to furnish the required information.
Applications in behalf of persons specified in (c)  shall  be
filed  by  any  next  of kin of the deceased who is not under
legal disability or, if there are no such next of kin or they
are unknown or unavailable, by a person, acceptable under the
rules of the Illinois Department, who is able to furnish  the
required information.
    (3)  The  application shall contain a written declaration
to be signed by the applicant, or in behalf of the  applicant
by  a  person qualified under paragraph (2), in substantially
the  following  form,  the  parenthetical  references   being
applicable  to  an application filed by a person in behalf of
the applicant:
    "I  declare  under  penalties  of  perjury  that  I  have
examined  this  form  and  all  accompanying  statements   or
documents  pertaining  to  the income and resources of myself
(the applicant) or any member of my family  (the  applicant's
family)  included  in this application for aid, or pertaining
to any other matter having bearing upon my (the  applicant's)
eligibility  for  aid,  and  to  the best of my knowledge and
belief  the  information  supplied  is  true,  correct,   and
complete".
    (4)  If  an  application for financial aid is filed for a
family, and any person in that family is under  18  years  of
age,  the  application  shall be accompanied by the following
for each such person under 18 years of age:
         (i)  a copy of the person's birth certificate, or
         (ii)  other reliable proof,  as  determined  by  the
    Department, of the person's identity and age.
    The  Illinois Department shall provide information to all
families, orally by an intake worker and in writing when  the
application  is filed, about the availability and location of
immunization services.
(Source: P.A. 88-342; 88-554, eff. 7-26-94.)

    (305 ILCS 5/11-17) (from Ch. 23, par. 11-17)
    Sec.  11-17.  Duplication  or  supplementation   of   aid
prohibited-Exceptions.
    Except  (1) for Medical Assistance provided under Article
V, or (2) when necessary to accomplish the purposes  of  this
Code,  where  not  inconsistent therewith, and subject to the
rules of the Illinois  Department,  a  person  receiving  aid
under  any one of Articles III, IV, or VI or VII of this Code
shall not at the same time receive aid  under  any  other  of
such  Articles or any other financial aid from the State, any
political subdivision thereof, or any  municipal  corporation
therein.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
    Sec.  11-20.  Employment  registration;  duty  to  accept
employment.   This Section applies to employment and training
programs other than those for recipients of assistance  under
Article IV.
    (1)  Each  applicant or recipient and dependent member of
the family age 16 or over who is able to engage in employment
and who is unemployed, or employed for  less  than  the  full
working  time  for  the  occupation  in  which  he  or she is
engaged, shall maintain a current registration for employment
or additional employment  with  the  system  of  free  public
employment  offices  maintained  in  this  State by the State
Department of Employment Security under the Public Employment
Office Act and shall utilize the job placement  services  and
other   facilities   of  such  offices  unless  the  Illinois
Department  otherwise   provides   by   rule   for   programs
administered by the Illinois Department.
    (2)  Every person age 16 or over shall be deemed "able to
engage  in  employment",  as that term is used herein, unless
(a) the person has an  illness  certified  by  the  attending
practitioner   as   precluding   his  or  her  engagement  in
employment of any type  for  a  time  period  stated  in  the
practitioner's   certification;  or  (b)  the  person  has  a
medically determinable physical or mental impairment, disease
or loss of indefinite duration and of such severity  that  he
or  she  cannot  perform  labor  or  services  in any type of
gainful work which exists in the national economy,  including
work  adjusted  for persons with physical or mental handicap;
or (c) the person is among the classes of persons exempted by
paragraph 5 of this Section. A person  described  in  clauses
(a), (b) or (c) of the preceding sentence shall be classified
as  "temporarily unemployable". The Illinois Department shall
provide by rule for periodic review of the  circumstances  of
persons classified as "temporarily unemployable".
    (3)  The  Illinois Department shall provide through rules
and  regulations  for  sanctions   against   applicants   and
recipients  of  aid  under  this  Code  who fail or refuse to
cooperate, without good cause, as  defined  by  rule  of  the
Illinois   Department,   to  accept  a  bona  fide  offer  of
employment in which he or she is able to engage either in the
community of the  person's  residence  or  within  reasonable
commuting distance therefrom.
    The Illinois Department may provide by rule for the grant
or continuation of aid for a temporary period, if federal law
or regulation so permits or requires, to a person who refuses
employment without good cause if he or she accepts counseling
or   other  services  designed  to  increase  motivation  and
incentives for accepting employment.
    (4)  Without limiting other criteria which  the  Illinois
Department  may  establish, it shall be good cause of refusal
if
         (a)  the wage does not meet applicable minimum  wage
    requirements,
         (b)  there  being  no  applicable  minimum  wage  as
    determined  in (a), the wage is certified by the Illinois
    Department of Labor as being  less  than  that  which  is
    appropriate for the work to be performed, or
         (c)  acceptance  of the offer involves a substantial
    threat to the health or safety of the person  or  any  of
    his or her dependents.
    (5)  The  requirements  of registration and acceptance of
employment shall not apply (a) to a parent  or  other  person
needed  at home to provide personal care and supervision to a
child or children unless, in accordance with  the  rules  and
regulations of the Illinois Department, suitable arrangements
have been or can be made for such care and supervision during
the hours of the day the parent or other person is out of the
home because of employment; (b) to a person age 16 or over in
regular attendance in school, as defined in Section 4-1.1; or
(c) to a person whose presence in the home on a substantially
continuous  basis  is  required  because  of  the  illness or
incapacity of another member of the household.
    The Illinois Department  may  implement  a  demonstration
project  limited  to  one  county  of  less  than  3  million
population that would require registration for and acceptance
of  employment by parents or another person needed at home to
provide personal care and supervision to a child or  children
age  3  and  over,  as  allowed by federal law and subject to
rules and regulations of the  Illinois  Department,  provided
suitable  arrangements have been or can be made for such care
and supervision during the hours of the day  the  parents  or
other person are out of the home because of employment.  Such
suitable  arrangements  must  meet standards and requirements
established under the Child Care  Act  of  1969,  as  now  or
hereafter  amended.   Such  requirements  shall  not apply to
parents or another caretaker with a child or children at home
under the age of 3.
(Source: P.A. 90-17, eff. 7-1-97; 91-357, eff. 7-29-99.)

    (305 ILCS 5/11-22) (from Ch. 23, par. 11-22)
    Sec. 11-22.  Charge upon claims and causes of action  for
injuries.    The Illinois Department shall have a charge upon
all claims, demands and causes of action for injuries  to  an
applicant  for  or  recipient of financial aid under Articles
III, IV, and V and  VII  for  the  total  amount  of  medical
assistance  provided the recipient from the time of injury to
the date of recovery upon such  claim,  demand  or  cause  of
action.   In  addition,  if  the  applicant  or recipient was
employable, as defined by the Department, at the time of  the
injury, the Department shall also have a charge upon any such
claims,  demands and causes of action for the total amount of
aid provided to the recipient and his  dependents,  including
all cash assistance and medical assistance only to the extent
includable  in the claimant's action, from the time of injury
to the date of recovery upon such claim, demand or  cause  of
action.   Any  definition  of  "employable"  adopted  by  the
Department  shall  apply  only  to  persons  above the age of
compulsory school attendance.  Local governmental units shall
have like charges for injuries to an applicant  or  recipient
under Article VII.
    If  the  injured person was employable at the time of the
injury and is provided aid under Articles III, IV,  or  V  or
VII and any dependent or member of his family is provided aid
under Article VI, or vice versa, both the Illinois Department
and the local governmental unit shall have a charge upon such
claims,  demands and causes of action for the aid provided to
the injured person and any dependent member  of  his  family,
including  all  cash  assistance, medical assistance and food
stamps, from the time of the injury to the date of recovery.
    "Recipient", as used herein, means the grantee of  record
and any persons whose needs are included in the financial aid
provided  to the grantee of record or otherwise met by grants
under the appropriate Article of this  Code  for  which  such
person is eligible.
    In  each  case,  the  notice shall be served by certified
mail or registered mail, upon the party  or  parties  against
whom  the applicant or recipient has a claim, demand or cause
of action.  The notice shall claim the  charge  and  describe
the  interest the Illinois Department, the local governmental
unit, or the county, has in the claim, demand,  or  cause  of
action.   The  charge shall attach to any verdict or judgment
entered and to any money or property which may  be  recovered
on  account  of  such  claim, demand, cause of action or suit
from and after the time of the service of the notice.
    On petition filed by the Illinois Department, or  by  the
local  governmental  unit  or  county if either is claiming a
charge, or by the recipient, or by the defendant, the  court,
on  written  notice to all interested parties, may adjudicate
the rights of the parties and enforce the charge.  The  court
may  approve  the settlement of any claim, demand or cause of
action either before or after a verdict, and nothing in  this
Section  shall  be construed as requiring the actual trial or
final adjudication of any claim, demand or  cause  of  action
upon  which  the  Illinois Department, the local governmental
unit or county has  charge.  The  court  may  determine  what
portion  of  the recovery shall be paid to the injured person
and what portion shall be paid to  the  Illinois  Department,
the local governmental unit or county having a charge against
the  recovery.  In making this determination, the court shall
conduct an evidentiary hearing and shall  consider  competent
evidence pertaining to the following matters:
         (1)  the  amount of the charge sought to be enforced
    against the recovery when expressed as  a  percentage  of
    the  gross  amount  of  the  recovery;  the amount of the
    charge sought to be enforced against  the  recovery  when
    expressed  as  a  percentage  of  the  amount obtained by
    subtracting from the gross amount  of  the  recovery  the
    total  attorney's  fees  and  other costs incurred by the
    recipient incident  to  the  recovery;  and  whether  the
    Department, unit of local government or county seeking to
    enforce  the  charge  against  the  recovery  should as a
    matter of fairness  and  equity  bear  its  proportionate
    share  of  the  fees  and  costs incurred to generate the
    recovery from which the charge is sought to be satisfied;
         (2)  the amount, if any, of the attorney's fees  and
    other  costs  incurred  by  the recipient incident to the
    recovery and paid by the recipient  up  to  the  time  of
    recovery, and the amount of such fees and costs remaining
    unpaid at the time of recovery;
         (3)  the  total  hospital,  doctor and other medical
    expenses incurred for care and treatment of the injury to
    the date  of  recovery  therefor,  the  portion  of  such
    expenses  theretofore paid by the recipient, by insurance
    provided by the recipient, and by the Department, unit of
    local government and county seeking to enforce  a  charge
    against  the  recovery, and the amount of such previously
    incurred expenses which remain  unpaid  at  the  time  of
    recovery  and  by whom such incurred, unpaid expenses are
    to be paid;
         (4)  whether  the  recovery  represents  less   than
    substantially  full  recompense  for  the  injury and the
    hospital, doctor and other medical expenses  incurred  to
    the  date  of  recovery for the care and treatment of the
    injury, so that reduction of  the  charge  sought  to  be
    enforced  against the recovery would not likely result in
    a double recovery or unjust enrichment to the recipient;
         (5)  the  age  of  the  recipient  and  of   persons
    dependent  for support upon the recipient, the nature and
    permanency of the recipient's injuries as they affect not
    only  the  future  employability  and  education  of  the
    recipient  but  also   the   reasonably   necessary   and
    foreseeable   future   material,   maintenance,  medical,
    rehabilitative and training needs of the  recipient,  the
    cost  of such reasonably necessary and foreseeable future
    needs, and the resources available to meet such needs and
    pay such costs;
         (6)  the realistic ability of the recipient to repay
    in whole or in part the  charge  sought  to  be  enforced
    against  the recovery when judged in light of the factors
    enumerated above.
    The burden of producing evidence  sufficient  to  support
the  exercise  by  the  court of its discretion to reduce the
amount of a proven charge sought to be enforced  against  the
recovery shall rest with the party seeking such reduction.
    The   court   may   reduce  and  apportion  the  Illinois
Department's  lien  proportionate  to  the  recovery  of  the
claimant.  The court may consider the nature  and  extent  of
the injury, economic and noneconomic loss, settlement offers,
comparative  negligence  as  it  applies to the case at hand,
hospital costs, physician costs, and  all  other  appropriate
costs.   The Illinois Department shall pay its pro rata share
of the attorney fees based on the Illinois Department's  lien
as  it  compares  to  the total settlement agreed upon.  This
Section shall not affect the priority of an  attorney's  lien
under  the  Attorneys  Lien Act.  The charges of the Illinois
Department described in this  Section,  however,  shall  take
priority  over all other liens and charges existing under the
laws of the State of  Illinois  with  the  exception  of  the
attorney's lien under said statute.
    Whenever  the  Department or any unit of local government
has a statutory charge under this Section against a  recovery
for   damages   incurred   by  a  recipient  because  of  its
advancement of any  assistance,  such  charge  shall  not  be
satisfied  out of any recovery until the attorney's claim for
fees is satisfied, irrespective of whether or not  an  action
based on recipient's claim has been filed in court.
    This  Section  shall be inapplicable to any claim, demand
or  cause  of  action  arising   under   (a)   the   Workers'
Compensation Act or the predecessor Workers' Compensation Act
of  June 28, 1913, (b) the Workers' Occupational Diseases Act
or the predecessor  Workers'  Occupational  Diseases  Act  of
March 16, 1936; and (c) the Wrongful Death Act.
(Source: P.A. 91-357, eff. 7-29-99.)

    (305 ILCS 5/11-22a) (from Ch. 23, par. 11-22a)
    Sec. 11-22a.  Right of Subrogation.  To the extent of the
amount of medical assistance provided by the Department to or
on behalf of a recipient under Article V or Articles V, VI or
VII,  the  Department  shall  be  subrogated  to any right of
recovery such recipient may  have  under  the  terms  of  any
private  or public health care coverage or casualty coverage,
including coverage under  the  "Workers'  Compensation  Act",
approved   July   9,  1951,  as  amended,  or  the  "Workers'
Occupational  Diseases  Act",  approved  July  9,  1951,   as
amended,  without  the  necessity  of  assignment of claim or
other authorization to secure the right of  recovery  to  the
Department.  To enforce its subrogation right, the Department
may  (i) intervene or join in an action or proceeding brought
by   the   recipient,   his   or   her   guardian,   personal
representative, estate, dependents, or survivors against  any
person  or  public or private entity that may be liable; (ii)
institute and prosecute legal proceedings against any  person
or  public  or private entity that may be liable for the cost
of such services; or  (iii)  institute  and  prosecute  legal
proceedings,   to  the  extent  necessary  to  reimburse  the
Illinois Department for its costs, against  any  noncustodial
parent  who  (A) is required by court or administrative order
to provide insurance or other coverage of the cost of  health
care  services  for  a  child eligible for medical assistance
under this Code and (B) has received  payment  from  a  third
party  for  the  costs of those services but has not used the
payments to reimburse either the other parent or the guardian
of the child or the provider of the services.
(Source: P.A. 89-183, eff. 1-1-96.)

    (305 ILCS 5/12-2) (from Ch. 23, par. 12-2)
    Sec. 12-2.  County departments of public aid. The  County
Departments   of   Public  Aid,  under  the  supervision  and
direction of the Illinois Department and subject to its rules
and regulations, shall locally administer be  the  agents  of
the   Illinois  Department  for  the  administration  of  the
programs provided by Articles III, IV, and V and VII of  this
Code  and  shall  provide the social services and utilize the
rehabilitative facilities authorized in Articles  Article  IX
and  IXA  in  respect to persons served through Articles III,
IV, and V and VII.  They  shall  also  discharge  such  other
duties as may be required by other provisions of this Code or
other laws of this State.
(Source: P.A. 81-1509.)
    (305 ILCS 5/12-3) (from Ch. 23, par. 12-3)
    Sec.  12-3.  Local  governmental  units.  As  provided in
Article VI, local governmental units shall provide funds  for
and administer the programs provided in that Article subject,
where  so  provided,  to  the  supervision  of  the  Illinois
Department.  Local  governmental units shall also provide the
social services and  utilize  the  rehabilitative  facilities
authorized  in  Article IX for persons served through Article
VI, and shall discharge such other duties as may be  required
by this Code or other laws of this State.
    In  counties  not under township organization, the county
shall provide funds for and administer such programs.
    In counties under township  organization  (including  any
such  counties in which the governing authority is a board of
commissioners) the various towns other than those towns lying
entirely within the corporate limits of any city, village  or
incorporated  town  having  a population of more than 500,000
inhabitants shall  provide  funds  for  and  administer  such
programs.
    Cities,   villages,   and  incorporated  towns  having  a
population of more than  500,000  inhabitants  shall  provide
funds for public aid purposes under Article VI but the County
Department  of  Human  Services  Public  Aid of the county in
which any such municipality is located shall  administer  the
program for such municipality.
    Incorporated  towns which have superseded civil townships
shall provide funds for and administer the public aid program
provided by Article VI.
    In counties of less than 3 million  population  having  a
County Veterans Assistance Commission in which there has been
levied  a tax as authorized by Section 5-2006 of the Counties
Code  for the purpose of  providing  assistance  to  military
veterans  and  their families, the County Veterans Assistance
Commission shall administer the programs provided by  Article
VI  for such military veterans and their families as seek aid
through the County Veterans Assistance Commission.
(Source: P.A. 86-1475; 87-796.)

    (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
    Sec. 12-4.4.  Administration of federally-aided programs.
Direct County Departments of Public Aid in the administration
of the federally funded food stamp program, programs  to  aid
refugees  and  Articles  III, IV, and V and VII of this Code.
The Illinois Department of Human Services may also, upon  its
own  motion,  review any decision made by a County Department
and consider any application upon which a  decision  has  not
been  made  by  the  County Department within 30 days. It may
require a County Department to transmit  its  files  and  all
papers   and   documents   pertaining  to  any  applicant  or
recipient.
    Beginning July 1, 1992, or upon approval by the Food  and
Nutrition   Service   of  the  United  States  Department  of
Agriculture, The Illinois Department of Human Services  shall
operate  a Food Stamp Employment and Training (FSE&T) program
in compliance with federal law.  The FSE&T program will  have
an  Earnfare  component.   The  Earnfare  component  shall be
available in selected  geographic  areas  based  on  criteria
established  by  the Illinois Department of Human Services by
rule.  Participants in Earnfare will, to the extent resources
allow, earn their assistance. Participation in  the  Earnfare
program  is  voluntary,  except  when  ordered  by a court of
competent jurisdiction.   Eligibility  for  Earnfare  may  be
limited  to  only  6  months  out of any 12 consecutive month
period. Clients are not entitled to be placed in an  Earnfare
slot.   Earnfare  slots  shall  be  made  available  only  as
resources  permit.   Earnfare  shall  be available to persons
receiving  food  stamps   who   meet   eligibility   criteria
established  by  the Illinois Department of Human Services by
rule. The  Illinois  Department  may,  by  rule,  extend  the
Earnfare  Program  to clients who do not receive food stamps.
Receipt of food stamps is not an eligibility  requirement  of
Earnfare  when  a  court  of competent jurisdiction orders an
individual to participate in the Earnfare Program.    To  the
extent  resources  permit,  the  Earnfare  program will allow
participants to engage in  work-related  activities  to  earn
monthly   financial   assistance   payments  and  to  improve
participants' employability in order for them to  succeed  in
obtaining  employment.   The  Illinois  Department  of  Human
Services  may enter into contracts with other public agencies
including State agencies, with local governmental units,  and
with  not-for-profit  community  based organizations to carry
out the elements of the Program that the Department of  Human
Services deems appropriate.
    The   Earnfare   Program   shall  contain  the  following
elements:
         (1)  To the extent resources allow and slots  exist,
    the  Illinois  Department  of  Human Services shall refer
    recipients of food stamp assistance who meet  eligibility
    criteria,  as established by rule. Receipt of food stamps
    is not an eligibility  requirement  of  Earnfare  when  a
    court  of  competent jurisdiction orders an individual to
    participate in the Earnfare Program.
         (2)  Persons participating in Earnfare shall  engage
    in  employment assigned activities equal to the amount of
    the food stamp benefits divided by  the  federal  minimum
    wage  and subsequently shall earn minimum wage assistance
    for each  additional  hour  of  performance  in  Earnfare
    activity.  Earnfare  participants  shall  be  offered the
    opportunity to earn up to $154.  The Department of  Human
    Services  may  establish a higher amount by rule provided
    resources permit. If a court  of  competent  jurisdiction
    orders  an  individual  to  participate  in  the Earnfare
    program, hours engaged in employment assigned  activities
    shall  first  be  applied  for  a $50 payment made to the
    custodial  parent  as  a  support  obligation.   If   the
    individual  receives  food  stamps,  the individual shall
    engage in employment assigned  activities  equal  to  the
    amount  of the food stamp benefits divided by the federal
    minimum wage and subsequently  shall  earn  minimum  wage
    assistance  for  each  additional  hour of performance in
    Earnfare activity.
         (3)  To the extent appropriate slots are  available,
    the  Illinois  Department  of Human Services shall assign
    Earnfare participants to Earnfare activities based on  an
    assessment  of  the  person's  age,  literacy, education,
    educational achievement, job training,  work  experience,
    and  recent  institutionalization, whenever these factors
    are known to the Department of Human Services or  to  the
    contractor  and  are relevant to the individual's success
    in carrying out the assigned activities and in ultimately
    obtaining employment.
         (4)  The Department of Human Services shall consider
    the participant's  preferences  and  personal  employment
    goals    in    making    assignments    to   the   extent
    administratively  possible  and  to   the   extent   that
    resources allow.
         (5)  The Department of Human Services may enter into
    cooperative  agreements  with  local  governmental  units
    (which   may,   in   turn,  enter  into  agreements  with
    not-for-profit community based organizations): with other
    public,  including   State,   agencies;   directly   with
    not-for-profit  community  based  organizations, and with
    private  employers  to  create  Earnfare  activities  for
    program participants.
         (6)  To the extent resources permit, the  Department
    of Human Services shall provide the Earnfare participants
    with  the costs of transportation in looking for work and
    in getting to and from the assigned Earnfare job site and
    initial expenses of employment.
         (7)  All income and asset limitations of the Federal
    Food  Stamp  Program  will  govern   continued   Earnfare
    participation,  except  that  court  ordered participants
    shall participate for 6 months unless  the  court  orders
    otherwise.
         (8)  Earnfare  participants  shall  not  displace or
    substitute for regular, full time or part time employees,
    regardless of whether or not the  employee  is  currently
    working,  on  a  leave  of  absence  or  in a position or
    similar position where a layoff has taken  place  or  the
    employer  has  terminated  the  employment of any regular
    employee or otherwise  reduced  its  workforce  with  the
    effect   of   filling  the  vacancy  so  created  with  a
    participant subsidized under this program, or is  or  has
    been   involved  in  a  labor  dispute  between  a  labor
    organization and the sponsor.
         (9)  Persons who fail to cooperate  with  the  FSE&T
    program shall become ineligible for food stamp assistance
    according  to  Food  Stamp  regulations, and for Earnfare
    participation.  Failure to participate  in  Earnfare  for
    all  of  the hours assigned is not a failure to cooperate
    unless  so  established  by  the  employer  pursuant   to
    Department  of  Human  Services rules. If a person who is
    ordered  by  a  court  of   competent   jurisdiction   to
    participate  in  the  Earnfare Program fails to cooperate
    with the Program, the person shall  be  referred  to  the
    court for failure to comply with the court order.
(Source:  P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95; 89-507,
eff. 7-1-97; 90-17, eff. 7-1-97.)

    (305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7)
    Sec. 12-4.7.  Co-operation with other agencies.  Make use
of, aid and co-operate  with  State  and  local  governmental
agencies,  and  co-operate with and assist other governmental
and private agencies and  organizations  engaged  in  welfare
functions.
    The  Department  shall,  not  later than January 1, 1986,
enter into a written agreement with the  Illinois  Department
of  Mental  Health and Developmental Disabilities which shall
provide for interagency procedures to  process  and  expedite
applications  for benefits under this Code which are filed by
or  on  behalf  of  patients  scheduled  for  discharge  from
facilities operated or licensed by the Department  of  Mental
Health  and Developmental Disabilities (now the Department of
Human Services) pursuant to  Sections  15c  and  15d  of  the
Mental  Health  and Developmental Disabilities Administrative
Act.  The responsibilities of the Department of Mental Health
and  Developmental  Disabilities  under  this  agreement  are
transferred to the Department of Human Services  as  provided
in the Department of Human Services Act.
(Source: P.A. 89-131, eff. 7-14-95; 89-507, eff. 7-1-97.)

    (305 ILCS 5/12-4.8) (from Ch. 23, par. 12-4.8)
    Sec.  12-4.8.  Supervision  of  administration of general
assistance.   Supervise   the   administration   of   General
Assistance under  Article  VI  by  local  governmental  units
receiving State funds for the purposes of such Article.
    In  addition, the Illinois Department shall be chargeable
with providing medical assistance payments and services under
all Articles of this Code where:
    (a)  the recipient of  the  services  or  payments  is  a
non-resident of this State; and
    (b)  but  for  non-residency, provision of those services
or payments would be a township responsibility.
    The  Illinois  Department  shall  insure,  by   rule   or
regulation,  that  provision of such medical assistance shall
be determined in accordance  with  the  uniform  standard  of
eligibility established by the Illinois Department.
(Source: P.A. 83-1378.)

    (305 ILCS 5/12-4.17) (from Ch. 23, par. 12-4.17)
    Sec.   12-4.17.  Training  personnel  for  employment  in
public aid  programs.  Establish  within  the  administrative
staff  a  staff  development  unit to provide orientation and
job-related  training  for  new   employees   and   continued
development and improvement of job skills of all staff of the
Department and County Departments; establish criteria for and
administer  and  maintain  a  program  for granting employees
educational leave for specialized professional  or  technical
study;   and  co-ordinate  such  training,  development,  and
educational activities  with  the  training  program  of  the
Illinois  Department  of Central Management Services and with
other programs for training personnel established under  this
Section.  The  Department  may  also make grants to public or
other non-profit institutions of higher learning for training
personnel employed or preparing for employment in the  public
aid programs and conduct special courses of study or seminars
for  personnel  by  experts hired temporarily by the Illinois
Department.
    (a)  To qualify for  an  assignment  for  educational  or
training purposes under this Section, a person must:
    1.  be  enrolled  in  the  final  2  years  of accredited
specialized  training  which  is   required   to   meet   the
qualifications  for  the  position,  as  established  by  the
Department  of  Central  Management Services, or be a current
employee of the Department who has continuously served  in  a
full-time capacity for at least 1 year prior to assignment;
    2.  have completed 4 years of high school education;
    3.  possess such qualities and attributes as the Director
of  the Department deems necessary for achieving the purposes
of which the assignment was made;
    4.  sign an agreement to serve  as  an  employee  of  the
Department  for  12  months  for  each 9 months of subsidized
training for educational  or  training  purposes  under  this
Section;
    5.  sign   a   promissory  note  agreeing  to  repay  the
Department for the funds expended if the  employee  fails  to
return  to  employment  with,  or  remain  an employee of the
Department for the period of time required  by  paragraph  4;
and
    6.  agree  in  writing to such other terms and conditions
as the Department may reasonably require  when  granting  the
assignment.
    (b)  When  granting  an  assignment  for  educational  or
training  purposes  to an eligible person under this Section,
the Department may pay:
    1.  for support and living expenses, a sum up to $300 per
month plus $50 per month for the first  unemployed  dependent
of  the  person  and  $25  per  month  for  each  of the next
unemployed dependents, provided the maximum total payment  to
the  person  under  this  paragraph shall not exceed $400 per
month; and
    2.  for school expenses, not in excess of 80% of the cost
to the person of all tuition, laboratory fees,  matriculation
fees   and   other   general  student  charges  made  by  the
institution of higher learning, but not including charges for
food or residence halls, which charges shall be payable  from
the   funds   for   support  and  living  expenses  with  the
limitations provided in paragraph 1.
    (c)  Except for the purpose of receiving salary, vacation
pay or  any  other  similar  remuneration  payable  to  State
employees,  the status of an employee of the Department as an
employee of the State is not affected by the employee serving
on an educational or training assignment under  this  Section
as   specified   under  the  rules  and  regulations  of  the
Department of Central Management Services.
    (d)  Training programs such as tuition only  refunds  and
special workshops for employees, and training which is a part
of  collaborative  arrangements  with  institutions of higher
learning or other public agencies are not  affected  by  this
Section.
(Source: P.A. 85-1308.)

    (305 ILCS 5/12-4.24a) (from Ch. 23, par. 12-4.24a)
    Sec.  12-4.24a.   Report  and  recommendations concerning
designated shortage  area.   The  Illinois  Department  shall
analyze  payments made to providers of medical services under
Article Articles V and VII of this Code to determine  whether
any  special  compensatory  standard  should  be  applied  to
payments  to  such  providers in designated shortage areas as
defined in Section 3.04 of the Family Practice Residency Act,
as now or hereafter amended.  The Illinois Department  shall,
not  later than June 30, 1990, report to the Governor and the
General Assembly concerning the results of its analysis,  and
may  provide  by rule for adjustments in its payment rates to
medical service providers in such areas.
(Source: P.A. 86-965.)

    (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
    Sec. 12-5.  Appropriations; uses; federal grants;  report
to  General  Assembly.   From  the  sums  appropriated by the
General Assembly, the Illinois  Department  shall  order  for
payment  by warrant from the State Treasury grants for public
aid under Articles III, IV, and V and VII,  including  grants
for   funeral   and   burial   expenses,  and  all  costs  of
administration of the  Illinois  Department  and  the  County
Departments  relating  thereto.  Moneys  appropriated  to the
Illinois Department for public aid under Article  VI  may  be
used,  with  the  consent of the Governor, to co-operate with
federal, State, and local agencies in the development of work
projects designed to provide suitable employment for  persons
receiving   public   aid   under  Article  VI.  The  Illinois
Department, with the consent of  the  Governor,  may  be  the
agent  of  the  State  for  the  receipt  and disbursement of
federal funds or commodities for public  aid  purposes  under
Article VI and for related purposes in which the co-operation
of   the   Illinois  Department  is  sought  by  the  federal
government, and, in connection therewith, may make  necessary
expenditures  from  moneys  appropriated for public aid under
any  Article  of  this  Code  and  for  administration.   The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt  and  disbursement  of
federal  funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures  from  monies
appropriated   to  it  for  operations,  administration,  and
grants, including payment to  the  Health  Insurance  Reserve
Fund  for  group insurance costs at the rate certified by the
Department  of  Central  Management  Services.   All  amounts
received  by  the  Illinois  Department   pursuant   to   the
Immigration Reform and Control Act of 1986 shall be deposited
in  the  Immigration  Reform  and  Control Fund.  All amounts
received into the Immigration  Reform  and  Control  Fund  as
reimbursement  for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund.
    All  grants  received  by  the  Illinois  Department  for
programs funded by the Federal Social  Services  Block  Grant
shall  be  deposited in the Social Services Block Grant Fund.
All funds received into the Social Services Block Grant  Fund
as  reimbursement  for  expenditures from the General Revenue
Fund shall be transferred to the General Revenue  Fund.   All
funds  received into the Social Services Block Grant fund for
reimbursement for expenditure out  of  the  Local  Initiative
Fund  shall  be  transferred  into the Local Initiative Fund.
Any other federal funds received  into  the  Social  Services
Block Grant Fund shall be transferred to the Special Purposes
Trust  Fund.   All  federal  funds  received  by the Illinois
Department  as  reimbursement  for  Employment  and  Training
Programs for expenditures made  by  the  Illinois  Department
from  grants,  gifts,  or  legacies  as  provided  in Section
12-4.18  or  made  by  an  entity  other  than  the  Illinois
Department  shall  be  deposited  into  the  Employment   and
Training   Fund,   except  that  federal  funds  received  as
reimbursement as a result of the appropriation made  for  the
costs  of  providing  adult  education  to  public assistance
recipients under  the  "Adult  Education,  Public  Assistance
Fund"  shall  be  deposited  into  the  General Revenue Fund;
provided, however, that all  funds,  except  those  that  are
specified  in  an  interagency agreement between the Illinois
Community College Board and the Illinois Department, that are
received by the Illinois Department  as  reimbursement  under
Title  IV-A  of  the Social Security Act the JOBS program for
expenditures that are made by the Illinois Community  College
Board  or any public community college of this State shall be
credited to a special account that the State Treasurer  shall
establish  and  maintain  within  the Employment and Training
Fund  for  the  purpose  of  segregating  the  reimbursements
received  for  expenditures  made  by  those  entities.    As
reimbursements are deposited into the Employment and Training
Fund,  the  Illinois  Department  shall  certify to the State
Comptroller and State Treasurer the  amount  that  is  to  be
credited  to the special account established within that Fund
as a reimbursement for expenditures under Title IV-A  of  the
Social  Security  Act  the  JOBS program made by the Illinois
Community College  Board  or  any  of  the  public  community
colleges.   All  amounts  credited  to  the  special  account
established and maintained within the Employment and Training
Fund  as  provided in this Section shall be held for transfer
to the TANF AFDC Opportunities Fund as provided in subsection
(d) of Section 12-10.3, and shall not be transferred  to  any
other fund or used for any other purpose.
    Any  or  all  federal funds received as reimbursement for
food and shelter assistance  under  the  Emergency  Food  and
Shelter   Program   authorized   by  Section  12-4.5  may  be
deposited,  with  the  consent  of  the  Governor,  into  the
Homelessness Prevention Fund.
    Eighty percent of  the  federal  financial  participation
funds  received  by  the  Illinois Department under the Title
IV-A  Emergency  Assistance  program  as  reimbursement   for
expenditures  made  from  the Illinois Department of Children
and Family Services appropriations for the costs of providing
services in behalf  of  Department  of  Children  and  Family
Services  clients shall be deposited into the DCFS Children's
Services Fund.
    All federal funds, except those covered by the  foregoing
3 paragraphs, received as reimbursement for expenditures from
the  General  Revenue  Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by  federal  law  or  regulation  to  aid
programs  established  under  Articles  III  through  XII and
Titles IV, XVI, XIX and XX of  the  Federal  Social  Security
Act.   Any  other  federal  funds  received  by  the Illinois
Department under Sections 12-4.6, 12-4.18  and  12-4.19  that
are  required  by  Section 12-10 of this Code to be paid into
the Special Purposes Trust Fund shall be deposited  into  the
Special   Purposes  Trust  Fund.   Any  other  federal  funds
received by the Illinois Department  pursuant  to  the  Child
Support  Enforcement Program established by Title IV-D of the
Social Security Act shall be deposited in the  Child  Support
Enforcement  Trust  Fund as required under Section 12-10.2 of
this Code.  Any other federal funds received by the  Illinois
Department  for  medical assistance program expenditures made
under Title XIX of the Social Security Act and Article  V  of
this Code that are required by Section 5-4.21 of this Code to
be  paid  into the Medicaid Developmentally Disabled Provider
Participation Fee Trust Fund  shall  be  deposited  into  the
Medicaid  Developmentally Disabled Provider Participation Fee
Trust Fund.  Any other federal funds received by the Illinois
Department for medical assistance program  expenditures  made
under  Title  XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.31 of this Code to
be  paid  into  the  Medicaid   Long   Term   Care   Provider
Participation  Fee  Trust  Fund  shall  be deposited into the
Medicaid Long Term  Care  Provider  Participation  Fee  Trust
Fund.   Any  other  federal  funds  received  by the Illinois
Department for hospital inpatient, hospital ambulatory  care,
and  disproportionate  share hospital expenditures made under
Title XIX of the Social Security Act and Article  V  of  this
Code  that  are  required  by Section 14-2 of this Code to be
paid into the Hospital Services Trust Fund shall be deposited
into the Hospital Services Trust  Fund.   Any  other  federal
funds  received  by  the Illinois Department for expenditures
made under Title XIX of the Social Security Act and  Articles
V  and  VI  of this Code that are required by Section 15-2 of
this Code to be paid into  the  County  Provider  Trust  Fund
shall  be deposited into the County Provider Trust Fund.  Any
other federal funds received by the Illinois  Department  for
hospital    inpatient,    hospital   ambulatory   care,   and
disproportionate share hospital expenditures made under Title
XIX of the Social Security Act and Article  V  of  this  Code
that  are  required  by  Section 5A-8 of this Code to be paid
into the Hospital Provider Fund shall be deposited  into  the
Hospital  Provider Fund.  Any other federal funds received by
the  Illinois  Department  for  medical  assistance   program
expenditures  made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section  5B-8
of this Code to be paid into the Long-Term Care Provider Fund
shall  be  deposited  into  the Long-Term Care Provider Fund.
Any other federal funds received by the  Illinois  Department
for  medical assistance program expenditures made under Title
XIX of the Social Security Act and Article  V  of  this  Code
that  are  required  by  Section 5C-7 of this Code to be paid
into the Developmentally Disabled Care Provider Fund shall be
deposited into the  Developmentally  Disabled  Care  Provider
Fund.   Any  other  federal  funds  received  by the Illinois
Department for trauma center  adjustment  payments  that  are
required  by Section 5-5.03 of this Code and made under Title
XIX of the Social Security Act and Article  V  of  this  Code
shall  be  deposited  into the Trauma Center Fund.  Any other
federal  funds  received  by  the  Illinois   Department   as
reimbursement  for  expenses  for early intervention services
paid from the  Early  Intervention  Services  Revolving  Fund
shall be deposited into that Fund.
    The  Illinois  Department shall consult with the Citizens
Assembly/Council on Public Aid in respect to the  expenditure
of  federal  funds from the Special Purposes Trust Fund under
Section 12-10 and the Local  Initiative  Fund  under  Section
12-10.1.   It shall report to the General Assembly at the end
of each fiscal quarter the amount of all funds  received  and
paid  into  the Social Service Block Grant Fund and the Local
Initiative Fund and the expenditures and  transfers  of  such
funds for services, programs and other purposes authorized by
law.   Such  report shall be filed with the Speaker, Minority
Leader and Clerk of the House, with the  President,  Minority
Leader  and Secretary of the Senate, with the Chairmen of the
House and Senate Appropriations Committees, the  House  Human
Resources Committee and the Senate Public Health, Welfare and
Corrections  Committee,  or the successor standing Committees
of each as provided by the rules of  the  House  and  Senate,
respectively, with the Legislative Research Unit and with the
State  Government  Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section  7  of
the  State  Library  Act  and  one  copy  with  the  Citizens
Assembly/Council  on  Public  Aid  or  its successor shall be
deemed sufficient to comply with this Section.
(Source: P.A. 88-45; 88-412; 88-429;  88-553,  eff.  7-14-94;
88-554,  eff.  7-26-94;  88-670,  eff.  12-2-94; 89-235, eff.
8-4-95; 89-499, eff. 6-28-96.)

    (305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
    Sec. 12-8.  Public Assistance Emergency Revolving Fund  -
Uses.    The  Public  Assistance  Emergency  Revolving  Fund,
established by Act approved July 8, 1955 shall be held by the
Illinois Department and  shall  be  used  for  the  following
purposes:
         1.  To provide immediate financial aid to applicants
    in  acute  need who have been determined eligible for aid
    under Articles III, IV, or V.
         2.  To provide emergency  aid  to  recipients  under
    said  Articles  who  have  failed to receive their grants
    because of mail box or other thefts, or who  are  victims
    of  a  burnout,  eviction, or other circumstances causing
    privation, in which cases  the  delays  incident  to  the
    issuance   of  grants  from  appropriations  would  cause
    hardship and suffering.
         3.  To provide  emergency  aid  for  transportation,
    meals  and  lodging  to  applicants  who  are referred to
    cities  other  than  where  they  reside   for   physical
    examinations  to establish blindness or disability, or to
    determine the incapacity of the  parent  of  a  dependent
    child.
         4.  To   provide  emergency  transportation  expense
    allowances to recipients engaged in  vocational  training
    and rehabilitation projects.
         5.  To  assist  public  aid  applicants in obtaining
    copies  of  birth   certificates,   death   certificates,
    marriage  licenses or other similar legal documents which
    may facilitate the verification of eligibility for public
    aid under this Code.
         6.  To provide  immediate  payments  to  current  or
    former  recipients  of  support  services,  or refunds to
    responsible relatives, for  child  support  made  to  the
    Illinois  Department  under  Title  IV-D  of  the  Social
    Security   Act   when  such  recipients  of  services  or
    responsible relatives are legally entitled to all or part
    of such child support payments under applicable State  or
    federal law.
         7.  To  provide payments to individuals or providers
    of transportation  to  and  from  medical  care  for  the
    benefit  of recipients under Articles III, IV, V, and VI,
    and VII.
    Disbursements  from  the  Public   Assistance   Emergency
Revolving Fund shall be made by the Illinois Department.
    Expenditures   from   the   Public  Assistance  Emergency
Revolving Fund shall  be  for  purposes  which  are  properly
chargeable to appropriations made to the Illinois Department,
or,  in  the  case  of  payments under subparagraph 6, to the
Child  Support  Enforcement  Trust  Fund,  except   that   no
expenditure  shall  be  made  for purposes which are properly
chargeable  to  appropriations  for  the  following  objects:
personal  services;  extra  help;  state   contributions   to
retirement  system;  state  contributions to Social Security;
state contributions for employee group insurance; contractual
services;   travel;   commodities;    printing;    equipment;
electronic  data  processing;  operation  of  auto equipment;
telecommunications services; library books; and refunds.  The
Illinois Department shall  reimburse  the  Public  Assistance
Emergency  Revolving  Fund  by  warrants  drawn  by the State
Comptroller on the appropriation or appropriations which  are
so chargeable, or, in the case of payments under subparagraph
6,  by  warrants drawn on the Child Support Enforcement Trust
Fund, payable to the Revolving Fund.
    The Illinois Department shall consult, in  writing,  with
the  Citizens  Assembly/Council on Public Aid with respect to
the investment of funds from the Public Assistance  Emergency
Revolving  Fund outside the State Treasury in certificates of
deposit or other interest-bearing accounts.
(Source: P.A. 86-651; 87-769.)

    (305 ILCS 5/12-10.3) (from Ch. 23, par. 12-10.3)
    Sec. 12-10.3.  Employment and Training Fund; uses.
    (a)  The Employment and Training Fund is  hereby  created
in  the  State  Treasury  for  the  purpose  of receiving and
disbursing moneys in accordance with the provisions of  Title
IV-F  of  the  federal  Social Security Act, known as the Job
Opportunities and Basic Skills (JOBS)  Program  and,  on  and
after July 1, 1997, Title IV-A of the federal Social Security
Act;  the  Food Stamp Act, Title 7 of the United States Code;
and related rules and regulations governing the use of  those
moneys  for the purposes of providing employment and training
services.
    (b)  All  federal  funds   received   by   the   Illinois
Department  as  reimbursement for expenditures for employment
and training programs made by the  Illinois  Department  from
grants,  gifts, or legacies as provided in Section 12-4.18 or
by an entity other than the Department, except as a result of
appropriations  made  for  the  costs  of   providing   adult
education to public assistance recipients, shall be deposited
into  the  Employment  and  Training Fund; provided, however,
that all funds,  except  those  that  are  specified  in  the
interagency  agreement between the Illinois Community College
Board and the Department, that are received by the Department
as reimbursement under Title IV-A IV-F of the federal  Social
Security  Act  for expenditures that are made by the Illinois
Community College Board or by any public community college of
this State shall be credited to a special  account  that  the
State  Treasurer  shall  establish  and  maintain  within the
Employment and Training Fund  for  the  purpose  and  in  the
manner provided in Section 12-5.
    (c)  Except   as  provided  in  subsection  (d)  of  this
Section,  the  Employment  and   Training   Fund   shall   be
administered  by  the  Illinois  Department, and the Illinois
Department may make payments from the Employment and Training
Fund to clients for supportive  services  or  to  public  and
private  entities for employment and training services.  Such
payments shall not include any funds  generated  by  Illinois
community colleges as part of the Opportunities Program.
    (d)  On or before the 10th day of August, 1992, and on or
before  the  10th  day  of  each  month thereafter, the State
Treasurer and State Comptroller shall automatically  transfer
to  the  TANF  Opportunities  Fund  of the Illinois Community
College  Board  from  the  special  account  established  and
maintained in the Employment and Training  Fund  all  amounts
credited  to that special account as provided in Section 12-5
during the preceding month as reimbursement for  expenditures
under Title IV-A IV-F of the federal Social Security Act made
by  the  Illinois  Community  College  Board  or  any  public
community college of this State.
    (e)  The  Illinois  Department  shall  execute  a written
contract when purchasing  employment  and  training  services
from   entities  qualified  to  provide  services  under  the
programs.  The contract shall  be  filed  with  the  Illinois
Department and the State Comptroller.
(Source: P.A. 89-641, eff. 8-9-96; 90-17, eff. 7-1-97.)
    (305 ILCS 5/12-13) (from Ch. 23, par. 12-13)
    Sec.  12-13. Rules and regulations.  The Department shall
make all rules and regulations and take such action as may be
necessary or desirable for carrying  out  the  provisions  of
this  Code,  to  the  end  that its spirit and purpose may be
achieved and the public aid programs administered efficiently
throughout the State.  However,  the  rules  and  regulations
shall  not  provide  that  payment for services rendered to a
specific recipient by a person  licensed  under  the  Medical
Practice  Act  of  1987,  whether  under a general or limited
license, or a person licensed or registered under other  laws
of  this  State  to  provide dental, optometric, or pediatric
care, may be authorized only when  services  are  recommended
for  that recipient by a person licensed to practice medicine
in all its branches.
    Whenever a  rule  of  the  Department  requires  that  an
applicant  or  recipient  verify information submitted to the
Department, the rule, in order to make the public fully aware
of what  information  is  required  for  verification,  shall
specify  the  acceptable  means of verification or shall list
examples of acceptable means of verification.
    The provisions of the Illinois  Administrative  Procedure
Act are hereby expressly adopted and incorporated herein, and
shall apply to all administrative rules and procedures of the
Illinois  Department under this Act, except that Section 5-35
of the Illinois  Administrative  Procedure  Act  relating  to
procedures  for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Illinois Department is precluded by law from  exercising  any
discretion,   and  the  requirements  of  the  Administrative
Procedure  Act  with  respect  to  contested  cases  are  not
applicable  to  (1)   hearings   involving   eligibility   of
applicants  or  recipients  of  public  aid  or,  (2) support
hearings involving responsible relatives,  or  (3)  personnel
hearings involving matters arising under Section 12-18.1.
(Source: P.A. 88-45.)

    (305 ILCS 5/12-13.05)
    Sec.  12-13.05.  Emergency Rules for Temporary Assistance
for Needy Families. to  implement  amendatory  changes.   The
Illinois  Department  may implement the amendatory changes to
this Code made by this amendatory Act of 1997 and  any  other
changes  made  as  the  result  of implementing the Temporary
Assistance to  Needy  Families  Program  under  the  Personal
Responsibility  and  Work  Opportunity  Reconciliation Act of
1996 (P.L. 104-193) through the use  of  emergency  rules  in
accordance  with  the  provisions  of  Section  5-45  of  the
Illinois  Administrative  Procedure Act.  For purposes of the
Illinois Administrative Procedure Act, the adoption of  rules
to  implement  these changes shall be deemed an emergency and
necessary for the public interest, safety, and welfare.   The
emergency  rulemaking powers authorized in this Section apply
only to rules filed to implement the TANF plan effective July
1, 1997.
    All rules regulating the Temporary Assistance  for  Needy
Families   program   and   all  other  rules  regulating  the
amendatory changes to this Code made by this  amendatory  Act
of  1997  shall be promulgated pursuant to this Section.  All
rules regulating the Temporary Assistance for Needy  Families
program and all other rules regulating the amendatory changes
to this Code made by this amendatory Act of 1997 are repealed
on  January  1,  2003.  On  and  after  January  1, 2003, the
Illinois Department may not promulgate any  rules  regulating
the  Temporary  Assistance  for  Needy  Families  program  or
regulating  the  amendatory changes to this Code made by this
amendatory Act of 1997.
(Source: P.A. 90-17, eff. 7-1-97; 91-5, eff. 5-27-99.)
    (305 ILCS 5/12-19) (from Ch. 23, par. 12-19)
    Sec.   12-19.  County   welfare   services    committees;
membership.  If  a  The  county welfare services committee is
formed in a each county of less  than  3,000,000  population,
the  committee  may shall consist of not more than 10 members
appointed  by  the  Illinois  Department  and  the  following
members, ex-officio: the state's attorney and the chairman of
the county board. The terms of the state's attorney  and  the
chairman of the county board shall be co-extensive with their
terms  of  office.  The  terms  of  the  Illinois  Department
appointees shall be as specified in this Section.
    In  counties  of  3,000,000  or more population, if a the
county welfare services committee is  formed,  it  may  shall
consist of not more than 33 members appointed by the Illinois
Department   and   the  president  of  the  county  board  of
commissioners, ex-officio. The term of the president  of  the
county  board of commissioners shall be co-extensive with his
term  of  office.  The  terms  of  the  Illinois   Department
appointees shall be as specified in this Section.
    The  Illinois Department shall make its appointments from
a list of nominees submitted with the advice and  consent  of
the county board by the presiding officer of the county board
of  each  county.  If  the  county  board fails or refuses to
submit a list of nominees, the Illinois Department  may  make
appointments from among the residents of the county.
    The  Illinois  Department  and  the  county  boards shall
include a  balanced  representation  of  recipients,  service
providers,  representatives of community and welfare advocacy
groups, representatives of  local  governments  dealing  with
public  aid, and representatives of the general public on all
county welfare services committees appointed by the  Illinois
Department or on lists of nominees submitted by the presiding
officers of the county boards.
(Source: P.A. 88-412.)
    (305 ILCS 5/12-19.2) (from Ch. 23, par. 12-19.2)
    Sec.  12-19.2.  Organization  of  committee.  The  county
welfare  services  committee,  at  its  first meeting in each
calendar year, shall organize by electing from its membership
a chairman and vice chairman. These officers  shall  serve  a
term  of  one year and until their successors are elected but
neither  may  serve  more  than  3  consecutive  terms.   The
Department  of  Human  Services  local  office  administrator
county   superintendent  of  public  aid  shall  act  as  the
executive  secretary  of  the  committee  and  assist  it  in
fulfilling its responsibilities in the manner  the  committee
designates. The committee may request the assistance of other
members  of  the  staff  of  the County Department to perform
duties the committee designates. The committee shall  provide
rules  for  transacting  its  business  and  keeping  records
thereof.  It shall hold as many meetings during each calendar
year   as   may   be   necessary   to    fulfill    committee
responsibilities.   In   counties   of  less  than  3,000,000
population, meetings may be called by the chairman or  any  3
members.   In  counties  of  3,000,000  or  more  population,
meetings may be called by the chairman or any 11 members. The
members of the committee shall receive  no  compensation  for
their  services  but  shall  be  reimbursed  for  actual  and
necessary  traveling  and  other  expenses  incurred  in  the
performance of their duties.
(Source: P.A. 88-412.)

    (305 ILCS 5/12-19.3) (from Ch. 23, par. 12-19.3)
    Sec. 12-19.3.  Information to committee.
    The  County  Department  shall furnish each member of the
County  Welfare  Services  Committee,  upon   such   member's
request,  a  copy  of  the  existing  regulations  and of all
changes of regulations pertaining to any of  the  public  aid
programs,   and  of  rulings  handed  down  by  the  Illinois
Department or the courts on review, affecting or interpreting
such regulations. The County  Superintendent  of  Public  Aid
shall also furnish the Committee, or any member thereof, upon
request  in  writing  by  such  Committee  or by such member,
information (including access to the  files)  concerning  any
individual  applicant  or recipient, with notations as to the
regulations and facts upon the basis of  which  increases  or
decreases were made in the amount of aid granted, or upon the
basis  of  which  aid was denied or terminated, together with
such other information as may be in  the  possession  of  the
County  Department  and  stipulated in the written request of
the Committee or any member thereof. The Committee  and  each
member  thereof  shall  keep  all  such  information strictly
confidential and shall use  it  only  for  purposes  directly
connected  with  the  administration of public aid within the
county.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/12-21.10) (from Ch. 23, par. 12-21.10)
    Sec. 12-21.10.  Default and  misappropriation  of  funds;
Removal  of  supervisor;  Conditions requiring appointment of
interim supervisor.)  If the Supervisor of General Assistance
is a defaulter and in arrears with the governmental unit,  or
has  misused, misappropriated, or converted to his own use or
the use of any other person any of the funds of the unit,  or
is  guilty  of  any other misconduct in office, the governing
body of the governmental unit, and in the case of a township,
the board of town trustees, may remove him as  Supervisor  of
General  Assistance  and  appoint a suitable person to be the
supervisor therein; provided, that for a township  containing
4,000  inhabitants  or  more,  upon  written  request  of the
township supervisors, the board of town trustees may  appoint
a  Supervisor of General Assistance who is a resident of such
township, and fix his compensation and term of office,  which
shall  not  exceed the term of the board. If the defaulter is
the Director of the County  Department  of  Public  Aid,  his
removal  shall  be  made  by  the  Illinois  Department and a
successor shall be appointed as provided in Section 12-18.1.
    If,  as  provided  in  Section  12-21.18,  the   Illinois
Department  has  ordered  the  withholding of State funds for
failure  of  the  governmental  unit  to  comply   with   the
Department's rules and regulations, the governing body of the
governmental  unit,  and in the case of a township, the board
of  town  trustees,  upon  written  order  of  the   Illinois
Department  shall  appoint  an  Interim Supervisor of General
Assistance, acceptable to the Illinois Department,  to  serve
as Supervisor of General Assistance for the governmental unit
until  such  time  as the policies and procedures of the unit
are determined by the Department to be in compliance with its
rules. The Illinois Department shall in the  manner  provided
by  Section  12-18.1,  appoint such Interim Supervisor in the
case of  a  Supervisor  of  General  Assistance  who  is  the
Director  of the County Department of Public Aid. If, after a
reasonable time as determined by the Illinois Department, the
governmental unit or agency to which such order  is  directed
fails to make an appointment, or appoints a person who is not
acceptable   to  the  Illinois  Department,  the  Public  Aid
Committee, established under Section 11-8, of the  county  in
which the governmental unit is located, upon written order of
the Illinois Department, shall appoint an Interim Supervisor,
which  appointment  shall  be  subject to the approval of the
Illinois Department.
    The appointing authority shall fix  the  compensation  of
the  Interim  Supervisor  of  General  Assistance, subject to
approval of the Illinois Department, which shall  be  payable
from  the  general  assistance fund of the local governmental
unit.
    An  Interim  Supervisor  of  General  Assistance  may  be
removed and another person appointed in his place in the same
manner and for the same reasons as in the case of an  initial
appointment of an Interim Supervisor.
    The  Illinois  Department shall not order the appointment
of an Interim Supervisor of General Assistance if  the  local
governmental   unit  takes  such  action  as  the  Department
considers to have established  satisfactory  compliance  with
its  rules,  and  a  reasonable time, to be determined by the
Department,  shall  be  allowed  the  governmental  unit   to
establish such compliance.
    If  an  Interim Supervisor of General Assistance has been
appointed, he shall exercise all the powers of that office in
respect to the  administration  of  general  assistance,  and
shall  have  the  sole  authority to disburse State and local
funds available for this purpose. If  the  governmental  unit
thereafter takes such action to assure the Department that it
will  comply  with the Department's rules, the service of the
Interim Supervisor shall be terminated.
(Source: P.A. 82-783.)

    (305 ILCS 5/12-21.14) (from Ch. 23, par. 12-21.14)
    Sec.   12-21.14.  Requirements;   review   by    Illinois
Department; allocations. The County Board of each county or a
duly  appointed committee thereof, or any other county agency
designated by the County Board, shall by the last day of each
month submit to the Illinois Department an itemized statement
showing, for all local governmental units  therein  except  a
city,  village  or  incorporated  town  of  more than 500,000
population, assistance furnished in the county under  Article
VI  of  this  Code during the previous month and the expenses
for the  administration  thereof,  and  the  actual  revenues
available  through  taxation by the local governmental units.
If the Illinois Department has reason  to  believe  that  the
amounts submitted by any county are excessive, it may require
appropriate  officials  of the county to appear before it and
substantiate  the  amounts  to  the   satisfaction   of   the
Department.
    The  Illinois  Department  shall review these amounts and
shall determine and allocate  to  the  several  counties  the
amounts   necessary   to   supplement  local  funds  actually
available for public aid purposes.  There shall be  a  yearly
reconciliation of amounts allocated to the local governmental
units by the Illinois Department to supplement local funds.
    If,   because   of   circumstances   beyond   the   local
governmental  unit's  control,  such  as  a  sudden  caseload
increase  or  an  unexpected  increase  in the administrative
expenses, a local governmental unit  has  insufficient  local
funds   actually  available  to  furnish  assistance  or  pay
administrative  expenses,  the  Illinois   Department   shall
provide   a   special   allocation  of  funds  to  the  local
governmental unit to meet the need.  In calculating the  need
for  a special allocation, the Illinois Department shall take
into consideration the amount of funds legally available from
the taxes levied by the local governmental  unit  for  public
aid purposes and any available unobligated balances.
    If a local governmental unit has not received State funds
for  public  aid  purposes for at least 84 consecutive months
immediately  prior  to  its  request  for  State  funds,  the
Illinois Department shall not consider as a legally available
resource of the governmental unit public aid  funds,  or  the
proceeds  of  public  aid taxes and tax anticipation warrants
which may have  been  transferred  or  expended  during  such
period for other purposes.
    Except  as  hereinafter provided, State allocations shall
be paid to the County Treasurer  for  disbursement  to  local
governmental  units  as certified by the Illinois Department.
Until January 1,  1974,  moneys  allocated  by  the  Illinois
Department for General Assistance purposes in a city, village
or  incorporated  town  of  more  than 500,000 population and
moneys received from the Treasurer of the  municipality  from
taxes   levied   for   General  Assistance  purposes  in  the
municipality and other moneys and funds designated in Section
11-43-2 of the Illinois Municipal Code shall be paid into the
special fund established  by  the  County  Treasurer  of  the
county  in which the municipality is located and retained for
disbursement by the Director  of  the  County  Department  of
Public  Aid  serving  as Supervisor of General Assistance for
the municipality.
    On January 1, 1974, or as soon thereafter as is  feasible
but  not  later  than  January  1, 1975, the County Treasurer
shall transfer to the Special Purposes Trust Fund established
by Section 12-10 of this Code all State and municipal  moneys
remaining  in  or  due  to  the  special  fund  of the County
Treasury. After December 31, 1973, but not  later  than  June
30,  1979,  State allocations and municipal funds for General
Assistance purposes in such a municipality, and other  moneys
and  funds  designated  by  Section  11-43-2  of the Illinois
Municipal Code, shall be paid into the Special Purposes Trust
Fund and disbursed as provided in Section  12-10.  State  and
municipal  moneys  paid  into the Special Purposes Trust Fund
under the foregoing provision shall be used  exclusively  for
(1)  furnishing  General  Assistance within the municipality;
(2) the payment of administrative costs; and (3) the  payment
of  warrants  issued  against  and  in  anticipation of taxes
levied by the municipality for General  Assistance  purposes,
and the accrued interest thereon. After June 30, 1979, moneys
and  funds  designated  by  Section  11-43-2  of the Illinois
Municipal Code, shall be paid into the General  Revenue  Fund
as reimbursement for appropriated funds disbursed as provided
in Section 12-18.4 of this Code.
(Source: P.A. 86-431.)
    (305 ILCS 5/12-21.20) (from Ch. 23, par. 12-21.20)
    Sec. 12-21.20.  Destruction of Obsolete Records. Obsolete
records,  documents,  papers,  and  memoranda  pertaining  to
public  aid  under  Article  VI may be destroyed or otherwise
disposed  of  by  local  governmental  units  at   any   time
subsequent  to the expiration of 5 years after the matters to
which  they  relate  have  been   concluded.   Such   records
pertaining  to  public aid under Article VII prior to July 1,
1978, may be destroyed or otherwise disposed of by the  local
governmental  unit  at any time after July 1, 1983.  However,
records required by the Illinois Department  may  not  be  so
destroyed  or  otherwise  disposed of except upon approval of
the Illinois Department.
(Source: P.A. 81-1085.)

    (305 ILCS 5/1-3 rep.)
    (305 ILCS 5/2-15 rep.)
    (305 ILCS 5/3-1.6 rep.)
    (305 ILCS 5/3-15 rep.)
    (305 ILCS 5/4-1.6a rep.)
    (305 ILCS 5/4-3 rep.)
    (305 ILCS 5/4-6 rep.)
    (305 ILCS 5/4-13 rep.)
    (305 ILCS 5/4-18 rep.)
    (305 ILCS 5/4-19 rep.)
    (305 ILCS 5/6-4 rep.)
    (305 ILCS 5/6-8 rep.)
    (305 ILCS 5/9-6.01 rep.)
    (305 ILCS 5/9-6.02 rep.)
    (305 ILCS 5/9-6.03 rep.)
    (305 ILCS 5/9-6.04 rep.)
    (305 ILCS 5/9-10 rep.)
    (305 ILCS 5/9A-12 rep.)
    (305 ILCS 5/11-8.5 rep.)
    (305 ILCS 5/11-23 rep.)
    (305 ILCS 5/11-23.1 rep.)
    (305 ILCS 5/11-25 rep.)
    (305 ILCS 5/11-30 rep.)
    (305 ILCS 5/12-4.28 rep.)
    (305 ILCS 5/12-4.101 rep.)
    (305 ILCS 5/12-4.102 rep.)
    (305 ILCS 5/12-17 rep.)
    (305 ILCS 5/12-17.1 rep.)
    (305 ILCS 5/12-17.3 rep.)
    (305 ILCS 5/12-17.4 rep.)
    (305 ILCS 5/12-17.5 rep.)
    (305 ILCS 5/12-18 rep.)
    (305 ILCS 5/12-18.1 rep.)
    (305 ILCS 5/12-18.1a rep.)
    (305 ILCS 5/12-18.2 rep.)
    (305 ILCS 5/12-18.3 rep.)
    (305 ILCS 5/12-18.4 rep.)
    (305 ILCS 5/12-18.5 rep.)
    (305 ILCS 5/12-18.6 rep.)
    (305 ILCS 5/12-18.8 rep.)
    (305 ILCS 5/12-18.9 rep.)
    (305 ILCS 5/12-19.4 rep.)
    (305 ILCS 5/12-20 rep.)
    (305 ILCS 5/12-21.3 rep.)

    Section 21.  The Illinois Public Aid Code is  amended  by
repealing  Sections 1-3, 2-15, 3-1.6, 3-15, 4-1.6a, 4-3, 4-6,
4-13, 4-18, 4-19, 6-4, 6-8, 9-6.01, 9-6.02,  9-6.03,  9-6.04,
9-10,  9A-12,  11-8.5, 11-23, 11-23.1, 11-25, 11-30, 12-4.28,
12-4.101,  12-4.102,  12-17,   12-17.1,   12-17.3,   12-17.4,
12-17.5, 12-18, 12-18.1, 12-18.1a, 12-18.2, 12-18.3, 12-18.4,
12-18.5,  12-18.6,  12-18.8,  12-18.9,  12-19.4,  12-20,  and
12-21.3.
    (405 ILCS 30/4.2 rep.)
    Section  22.  The  Community  Services  Act is amended by
repealing Section 4.2.

    (405 ILCS 50/Act rep.)
    Section 25.  The Mental Illness  Services  Pilot  Project
Act is repealed.

    (405 ILCS 60/Act rep.)
    Section  30.  The  Community Mental Health Task Force Act
is repealed.

    (405 ILCS 70/Act rep.)
    Section 35.  The Community Mental Health  Equity  Funding
Act is repealed.

    (405 ILCS 80/2-12 rep.)
    (405 ILCS 80/3-14 rep.)
    Section  40.  The  Developmental  Disability  and  Mental
Disability  Service Act is amended by repealing Sections 2-12
and 3-14.
                            INDEX
           Statutes amended in order of appearance
20 ILCS 1705/4.3          from Ch. 91 1/2, par. 100-4.3
20 ILCS 1705/52           from Ch. 91 1/2, par. 100-52
20 ILCS 1705/58 rep.
20 ILCS 2425/Act rep.
20 ILCS 3940/Act rep.
20 ILCS 3957/Act rep.
25 ILCS 130/11A-7         from Ch. 63, par. 1011A-7
50 ILCS 105/1             from Ch. 102, par. 1
65 ILCS 5/11-43-2         from Ch. 24, par. 11-43-2
305 ILCS 5/1-7            from Ch. 23, par. 1-7
305 ILCS 5/1-8
305 ILCS 5/2-6            from Ch. 23, par. 2-6
305 ILCS 5/2-13           from Ch. 23, par. 2-13
305 ILCS 5/3-1a           from Ch. 23, par. 3-1a
305 ILCS 5/3-11           from Ch. 23, par. 3-11
305 ILCS 5/4-1            from Ch. 23, par. 4-1
305 ILCS 5/4-1.1          from Ch. 23, par. 4-1.1
305 ILCS 5/4-1.2a         from Ch. 23, par. 4-1.2a
305 ILCS 5/4-1.2c
305 ILCS 5/4-1.6          from Ch. 23, par. 4-1.6
305 ILCS 5/4-1.10         from Ch. 23, par. 4-1.10
305 ILCS 5/4-2            from Ch. 23, par. 4-2
305 ILCS 5/4-8            from Ch. 23, par. 4-8
305 ILCS 5/4-17
305 ILCS 5/6-1            from Ch. 23, par. 6-1
305 ILCS 5/6-1.2          from Ch. 23, par. 6-1.2
305 ILCS 5/6-1.3a         from Ch. 23, par. 6-1.3a
305 ILCS 5/6-2            from Ch. 23, par. 6-2
305 ILCS 5/6-11           from Ch. 23, par. 6-11
305 ILCS 5/9-1            from Ch. 23, par. 9-1
305 ILCS 5/9-5            from Ch. 23, par. 9-5
305 ILCS 5/9-6            from Ch. 23, par. 9-6
305 ILCS 5/9-6.1          from Ch. 23, par. 9-6.1
305 ILCS 5/9-6.2          from Ch. 23, par. 9-6.2
305 ILCS 5/9A-3           from Ch. 23, par. 9A-3
305 ILCS 5/9A-5           from Ch. 23, par. 9A-5
305 ILCS 5/9A-13
305 ILCS 5/11-3           from Ch. 23, par. 11-3
305 ILCS 5/11-6.1         from Ch. 23, par. 11-6.1
305 ILCS 5/11-8           from Ch. 23, par. 11-8
305 ILCS 5/11-8.7         from Ch. 23, par. 11-8.7
305 ILCS 5/11-9           from Ch. 23, par. 11-9
305 ILCS 5/11-15          from Ch. 23, par. 11-15
305 ILCS 5/11-17          from Ch. 23, par. 11-17
305 ILCS 5/11-20          from Ch. 23, par. 11-20
305 ILCS 5/11-22          from Ch. 23, par. 11-22
305 ILCS 5/11-22a         from Ch. 23, par. 11-22a
305 ILCS 5/12-2           from Ch. 23, par. 12-2
305 ILCS 5/12-3           from Ch. 23, par. 12-3
305 ILCS 5/12-4.4         from Ch. 23, par. 12-4.4
305 ILCS 5/12-4.7         from Ch. 23, par. 12-4.7
305 ILCS 5/12-4.8         from Ch. 23, par. 12-4.8
305 ILCS 5/12-4.17        from Ch. 23, par. 12-4.17
305 ILCS 5/12-4.24a       from Ch. 23, par. 12-4.24a
305 ILCS 5/12-5           from Ch. 23, par. 12-5
305 ILCS 5/12-8           from Ch. 23, par. 12-8
305 ILCS 5/12-10.3        from Ch. 23, par. 12-10.3
305 ILCS 5/12-13          from Ch. 23, par. 12-13
305 ILCS 5/12-13.05
305 ILCS 5/12-19          from Ch. 23, par. 12-19
305 ILCS 5/12-19.2        from Ch. 23, par. 12-19.2
305 ILCS 5/12-19.3        from Ch. 23, par. 12-19.3
305 ILCS 5/12-21.10       from Ch. 23, par. 12-21.10
305 ILCS 5/12-21.14       from Ch. 23, par. 12-21.14
305 ILCS 5/12-21.20       from Ch. 23, par. 12-21.20
305 ILCS 5/1-3 rep.
305 ILCS 5/2-15 rep.
305 ILCS 5/3-1.6 rep.
305 ILCS 5/3-15 rep.
305 ILCS 5/4-1.6a rep.
305 ILCS 5/4-3 rep.
305 ILCS 5/4-6 rep.
305 ILCS 5/4-13 rep.
305 ILCS 5/4-18 rep.
305 ILCS 5/4-19 rep.
305 ILCS 5/6-4 rep.
305 ILCS 5/6-8 rep.
305 ILCS 5/9-6.01 rep.
305 ILCS 5/9-6.02 rep.
305 ILCS 5/9-6.03 rep.
305 ILCS 5/9-6.04 rep.
305 ILCS 5/9-10 rep.
305 ILCS 5/9A-12 rep.
305 ILCS 5/11-8.5 rep.
305 ILCS 5/11-23 rep.
305 ILCS 5/11-23.1 rep.
305 ILCS 5/11-25 rep.
305 ILCS 5/11-30 rep.
305 ILCS 5/12-4.28 rep.
305 ILCS 5/12-4.101 rep.
305 ILCS 5/12-4.102 rep.
305 ILCS 5/12-17 rep.
305 ILCS 5/12-17.1 rep.
305 ILCS 5/12-17.3 rep.
305 ILCS 5/12-17.4 rep.
305 ILCS 5/12-17.5 rep.
305 ILCS 5/12-18 rep.
305 ILCS 5/12-18.1 rep.
305 ILCS 5/12-18.1a rep.
305 ILCS 5/12-18.2 rep.
305 ILCS 5/12-18.3 rep.
305 ILCS 5/12-18.4 rep.
305 ILCS 5/12-18.5 rep.
305 ILCS 5/12-18.6 rep.
305 ILCS 5/12-18.8 rep.
305 ILCS 5/12-18.9 rep.
305 ILCS 5/12-19.4 rep.
305 ILCS 5/12-20 rep.
305 ILCS 5/12-21.3 rep.
405 ILCS 30/4.2 rep.
405 ILCS 50/Act rep.
405 ILCS 60/Act rep.
405 ILCS 70/Act rep.
405 ILCS 80/2-12 rep.
405 ILCS 80/3-14 rep.
    Passed in the General Assembly May 03, 2001.
    Approved July 20, 2001.

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