(305 ILCS 5/4-8)
(from Ch. 23, par. 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 substance use disorders, 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
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.
(b) In areas of the State where clinically appropriate substance use disorder
treatment capacity is available, if the local office has reason to believe
a caretaker relative is experiencing a substance use disorder, 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
a substance use disorder, 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 a substance use disorder 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
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. 100-759, eff. 1-1-19