Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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PUBLIC AID305 ILCS 5/Art. IV
(305 ILCS 5/) Illinois Public Aid Code.
(305 ILCS 5/Art. IV heading)
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
305 ILCS 5/4-0.5
(305 ILCS 5/4-0.5)
Aid to Families with Dependent Children Program inoperative
after June 30, 1997. The Aid to Families with Dependent Children
Program shall be inoperative after June 30, 1997.
Under the federal Temporary Assistance for Needy Children Program the
shall develop an alternative program of mutual responsibility between the
Illinois Department and the client to allow the family to become
or employed as quickly as possible through (i) the provision of
transitional assistance to families in the form of emergency one-time payments
to prevent job loss, temporary assistance while searching for or being trained
for work, or paternity establishment and child support enforcement or (ii) the
provision for continued work.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
305 ILCS 5/4-0.6
(305 ILCS 5/4-0.6)
Reference to AFDC considered a reference to TANF.
the effective date of this amendatory Act of 1997, any reference to Aid to
Families with Dependent Children or AFDC shall be considered to be a reference
to Temporary Assistance for Needy Families or TANF.
(Source: P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-1
(305 ILCS 5/4-1)
(from Ch. 23, par. 4-1)
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 4-1.12. It shall be the policy of the Illinois Department to provide aid under this Article to all qualified persons who seek assistance and to conduct outreach efforts to educate the public about the program. The Department shall provide timely, accurate, and fair service to all applicants for assistance.
Persons who meet the eligibility criteria authorized under this Article shall
be treated equally, provided that nothing in this Article shall be construed to
create an entitlement to a particular grant or service level or to aid in
amounts not authorized under this Code, nor construed to limit the authority of
the General Assembly to change the eligibility requirements or provisions
respecting assistance amounts. The General Assembly recognizes that the need for aid will fluctuate with the economic situation in Illinois and that at times the number of people receiving aid under this Article will increase.
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
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.
(Source: P.A. 96-866, eff. 7-1-10; 97-813, eff. 7-13-12.)
305 ILCS 5/4-1.1
(305 ILCS 5/4-1.1)
(from Ch. 23, par. 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.
(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. 92-111, eff. 1-1-02.)
305 ILCS 5/4-1.2
(305 ILCS 5/4-1.2)
(from Ch. 23, par. 4-1.2)
Living Arrangements - Parents - Relatives - Foster Care.
(a) The child or children must (1) be living with his or their father,
mother, grandfather, grandmother, brother, sister, stepfather,
stepmother, stepbrother, stepsister, uncle or aunt, or other relative
approved by the Illinois Department, in a place of residence maintained
by one or more of such relatives as his or their own home, or (2) have
been (a) removed from the home of the parents or other relatives by
judicial order under the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, (b) placed under the
guardianship of the Department of Children and Family Services, and (c)
under such guardianship, placed in a foster family home, group home or
child care institution licensed pursuant to the "Child Care Act of 1969",
approved May 15, 1969, as amended, or approved by that Department
as meeting standards established for licensing under that Act, or (3) have
been relinquished in accordance with the Abandoned Newborn Infant Protection
Act. A child
so placed in foster care who was not receiving aid under this Article in
or for the month in which the court proceedings leading to that
placement were initiated may qualify only if he lived in the home of his
parents or other relatives at the time the proceedings were initiated,
or within 6 months prior to the month of initiation, and would have
received aid in and for that month if application had been made
(b) The Illinois Department may, by rule, establish those persons who are
living together who must be included in the same assistance unit in order to
receive cash assistance under this Article and the income and assets of those
persons in an assistance unit which must be considered in determining
(c) The conditions of qualification herein specified shall not prejudice
aid granted under this Code for foster care prior to the effective date
of this 1969 Amendatory Act.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
305 ILCS 5/4-1.2a
(305 ILCS 5/4-1.2a)
(from Ch. 23, par. 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.
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
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
or ability to engage in employment of persons scheduled to be discharged from
facilities operated by the Department.
(Source: P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-1.2b
(305 ILCS 5/4-1.2b)
(from Ch. 23, par. 4-1.2b)
(Source: P.A. 87-1056. Repealed by P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-1.2c
(305 ILCS 5/4-1.2c)
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) 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.
(Source: P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-1.3
(305 ILCS 5/4-1.3)
(from Ch. 23, par. 4-1.3)
(Source: Laws 1967, p. 122. Repealed by P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-1.4
(305 ILCS 5/4-1.4)
(from Ch. 23, par. 4-1.4)
(Source: Laws 1967, p. 122. Repealed by P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-1.5a
(305 ILCS 5/4-1.5a)
(from Ch. 23, par. 4-1.5a)
Multiple convictions for violations of this Code.
extent permitted under federal law, any person found guilty of a second
violation of Article VIIIA or under any law of the United States or of
any State which is substantially similar to Sections 8A-2 through 8A-5
shall be ineligible for financial aid under this Article, as provided
in Section 8A-8.
(Source: P.A. 85-286.)
305 ILCS 5/4-1.6
(305 ILCS 5/4-1.6)
(from Ch. 23, par. 4-1.6)
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 equal to or less than the grant amount established by Department regulation for such
a person. For purposes of eligibility for aid under this Article, the Department shall disregard all earned income between the grant amount and 50% of the Federal Poverty Level.
In considering income to be taken into account, consideration shall
be given to any expenses reasonably attributable to the earning of such
income. Three-fourths of the earned income of a household eligible for aid under this Article shall be disregarded when determining the level of assistance for which a household is eligible. The Illinois Department may also permit all or any
portion of earned or other income to be set aside for the future
identifiable needs of a child. The Illinois Department
may provide by rule and regulation for the exemptions thus permitted or
required. The eligibility of any applicant for or recipient of public
aid under this Article is not affected by the payment of any grant under
the "Senior Citizens and Disabled Persons Property Tax Relief 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
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. 96-866, eff. 7-1-10; 97-689, eff. 6-14-12.)
305 ILCS 5/4-1.6a
(305 ILCS 5/4-1.6a)
(Source: P.A. 88-205. Repealed by P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-1.6b
(305 ILCS 5/4-1.6b)
Date for providing aid; employability assessment.
(a) The Department shall provide financial aid no more than 45 days after the date of application.
(b) During the first 45 days after the date of application, the applicant shall undergo a thorough employability assessment, in accordance with subsection (d) of Section 9A-8 of this Code, and shall prepare a personal plan for achieving employment and self-sufficiency in accordance with Section 4-1 of this Code. The requirement to engage in work-related activity may commence 30 days after the date of application.
(c) Financial aid under this Article shall be authorized effective 30 days after the date of application, provided that the applicant is eligible on that date.
(Source: P.A. 96-866, eff. 7-1-10; 97-683, eff. 7-1-12.)
305 ILCS 5/4-1.7
(305 ILCS 5/4-1.7)
(from Ch. 23, par. 4-1.7)
Enforcement of Parental Child Support Obligation.
If the parent or parents of the child are failing to meet or are delinquent
in their legal obligation to support the child, the parent or other person
having custody of the child or the Department of Healthcare and Family Services may
request the law enforcement officer authorized or directed by law to so act
to file action for the enforcement of such remedies as the law provides for
the fulfillment of the child support obligation.
If a parent has a judicial remedy against the other parent to compel child
support, or if, as the result of an action initiated by or in behalf of one
parent against the other, a child support order has been entered in respect to
which there is noncompliance or delinquency, or where the order so entered may
be changed upon petition to the court to provide additional support, the parent
or other person having custody of the child or the Department of Healthcare and Family Services may request the appropriate law enforcement officer to seek
enforcement of the remedy, or of the support order, or a change therein to
provide additional support. If the law enforcement officer is not authorized
by law to so act in these instances, the parent, or if so authorized by law the
other person having custody of the child, or the Department of Healthcare and Family Services may initiate an action to enforce these remedies.
A parent or other person having custody of the child must
comply with the requirements of Title IV of the federal Social
Security Act, and the regulations duly promulgated thereunder,
and any rules promulgated by the Illinois Department regarding enforcement
of the child support obligation. The
Department of Healthcare and Family Services
and the Department of Human Services may provide by rule for the
grant or continuation of aid to the person for a temporary period if he
or she accepts counseling or other services designed to increase his
or her motivation to seek enforcement of the child support obligation.
In addition to any other definition of failure or refusal to comply
with the requirements of Title IV of the federal Social Security Act, or
Illinois Department rule, in
the case of failure to attend court hearings, the parent or other person
can show cooperation by attending a court hearing or, if a court hearing
cannot be scheduled within 14 days following the court hearing that was
missed, by signing a statement that the parent or other person is now
willing to cooperate in the child support enforcement process and will
appear at any later scheduled court date. The parent or other person can
show cooperation by signing such a statement only once. If failure to
attend the court hearing or other failure to cooperate results in the case
being dismissed, such a statement may be signed after 2 months.
No denial or termination of medical assistance pursuant to this Section
shall commence during pregnancy of the parent or other person having custody
of the child or for 30 days after the termination of such pregnancy. The
termination of medical assistance may commence thereafter if the
Department of Healthcare and Family Services determines that the failure or refusal to comply
with this Section persists. Postponement of denial or termination of medical
assistance during pregnancy under this paragraph shall be effective only to
the extent it does not conflict with federal law or regulation.
Any evidence a parent or other person having custody of the child
gives in order to comply with the requirements of this Section shall not
render him or her liable to prosecution under Section 11-35 or 11-40 of the
Criminal Code of 2012.
When so requested, the Department of Healthcare and Family Services and the Department
of Human Services shall provide such services and assistance as the law
enforcement officer may require in connection with the filing of any action
The Department of Healthcare and Family Services and the Department of Human Services, as an expense of administration, may also provide applicants for and
recipients of aid with such services and assistance, including assumption
of the reasonable costs of prosecuting any action or proceeding, as may be
necessary to enable them to enforce the child support liability required
Nothing in this Section shall be construed as a requirement that an
applicant or recipient file an action for dissolution of marriage
against his or her spouse.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
305 ILCS 5/4-1.8
(305 ILCS 5/4-1.8)
(from Ch. 23, par. 4-1.8)
Registration for and Acceptance of Employment.
Individuals who are unemployed, or employed for less than the
full working time for the occupation in which they are engaged, and
dependent members of the family age 16 or over who are not in regular
attendance in school as defined in Section 4-1.1, must comply with and
are subject to all the requirements of Article IXA.
(Source: P.A. 86-1184; 86-1381.)
305 ILCS 5/4-1.9
(305 ILCS 5/4-1.9)
(from Ch. 23, par. 4-1.9)
Participation in Educational and Vocational Training Programs.
(a) A parent or parents and a child age 16 or over not in regular
in school, as defined in Section 4-1.1 as that Section existed on August 26,
1969 (the effective date of Public Act 76-1047), for whom education and
training is suitable, must participate in the educational and vocational
training programs provided pursuant to Article IXA.
(b) A parent who is less than 20 years of age and who has not
high school diploma or high school equivalency certificate is required to be
enrolled in school or in an educational program that is expected to result in
the receipt of a high school diploma or high school equivalency certificate,
except 18 and 19 year old parents may be assigned to work activities or
training if it is determined based on an individualized assessment that
secondary school is inappropriate.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
305 ILCS 5/4-1.10
(305 ILCS 5/4-1.10)
(from Ch. 23, par. 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 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
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
(Source: P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-1.11
(305 ILCS 5/4-1.11)
(from Ch. 23, par. 4-1.11)
(Source: P.A. 88-554, eff. 7-26-94. Repealed by P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-1.12
(305 ILCS 5/4-1.12)
Five year limitation.
No assistance unit shall be eligible for a cash grant under this Article
if it includes an adult who has received cash assistance as an adult for 60
months, whether or not consecutive, after the effective date of this amendatory
Act of 1997. The Illinois Department may exempt individual assistance units
from the 60-month limitation or determine circumstances under which a month or
months would not count towards the 60-month limitation even though the
assistance unit did receive cash assistance under this Article.
(Source: P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-2
(305 ILCS 5/4-2)
(from Ch. 23, par. 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. 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 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
Subject to appropriation, beginning on July 1, 2008, the Department of Human Services shall increase TANF grant amounts in effect on June 30, 2008 by 15%. The Department is authorized to administer this increase but may not otherwise adopt any rule to implement this increase.
(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.
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
(f) Subject to subsection (f-5), an assistance unit, receiving
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
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.
(f-5) Subsection (f) shall not apply to affect the monthly assistance
any family as a result of the birth of a child on or after January 1, 2004.
As resources permit after January 1, 2004, the Department may
cease applying subsection (f) to limit assistance to families receiving
assistance under this Article on January 1, 2004, with respect to children
born prior to that date. In any event, subsection (f) shall be completely
inoperative on and after July 1, 2007.
(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. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
305 ILCS 5/4-3
(305 ILCS 5/4-3)
(from Ch. 23, par. 4-3)
(Source: Laws 1967, p. 122. Repealed by P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-3a
(305 ILCS 5/4-3a)
(from Ch. 23, par. 4-3a)
No otherwise qualified handicapped child receiving special
education and related services under Article 14 of The School Code shall
solely by reason of his or her handicap be excluded from the participation
in or be denied the benefits of or be subjected to discrimination under
any program or activity provided by the Department.
(Source: P.A. 80-1403.)
305 ILCS 5/4-4
(305 ILCS 5/4-4)
(from Ch. 23, par. 4-4)
Entitlement to medical assistance.
Children and adults qualified for aid shall be entitled to receive,
under Article V, all necessary medical assistance.
(Source: Laws 1967, p. 122.)
305 ILCS 5/4-4.1
(305 ILCS 5/4-4.1)
(a) The Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) shall develop and
implement and that Department and the Department of Human Services shall
jointly continue by rule a program to ensure that children under 5 years of
in assistance units that receive benefits under this Code are immunized. The
Illinois Department of Public Aid shall report to the Governor and the
General Assembly on
the progress of the program on April 1, 1994 and 1995.
(b) Nothing in this Section shall be construed to require immunization of
any child in contravention of the stated objections of a parent, guardian, or
relative with custody of a child that the administration of immunizing agents
conflicts with his or her religious tenets and practices.
(Source: P.A. 95-331, eff. 8-21-07.)
305 ILCS 5/4-5
(305 ILCS 5/4-5)
(from Ch. 23, par. 4-5)
(Source: Laws 1967, p. 122. Repealed by P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-6
(305 ILCS 5/4-6)
(from Ch. 23, par. 4-6)
(Source: P.A. 85-195. Repealed by P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-7
(305 ILCS 5/4-7)
(from Ch. 23, par. 4-7)
Home Visits, Interviews or Communications.
Each family receiving
aid shall be interviewed in person or communicated with in investigations
of applications for aid and at least once in each subsequent 12 month
period to ascertain continuing need for such aid and to provide the
child and his parents or relatives with such service and guidance as
will strengthen family life and aid them in utilizing to the maximum
their capacities for self-care, self-support, and responsible
citizenship. However, the Department shall determine those assistance
units where the possibility for public assistance fraud or abuse is
greatest, or where there is the possibility of frequent changes in need or
circumstances, or where any child in the home may be an abused or neglected
child as determined by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act, as now or hereafter amended,
and shall by rule provide for more frequent interviews of or
communications with those assistance units and for the implementation of
necessary remedies under Sections 4-8 and 4-9 for those assistance units.
Written reports of such interviews or communications and any related
remedies shall become a part of the record in every case.
(Source: P.A. 85-1209.)
305 ILCS 5/4-8
(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 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
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 abuse
treatment capacity is available, if the local office has reason to believe
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
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. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
305 ILCS 5/4-9
(305 ILCS 5/4-9)
(from Ch. 23, par. 4-9)
Protective payment to substitute payee.
If the parent or other
grantee relative persistently mismanages the grant to the detriment of the
child and the family but there is reason to believe that, with specialized
counseling and guidance services, the parent or relative may develop
ability to manage the funds properly, the County Department, in accordance
with the rules and regulations of the Illinois Department, may designate a
person who is interested in or concerned with the welfare of the child and
its family to receive the aid payment on behalf of the family. The County
Department may designate private welfare or social service agencies to
serve as substitute payees in appropriate cases.
The substitute payee shall serve without compensation and assume the
obligation of seeing that the aid payment is expended for the benefit of
the child and the family. He may spend the grant for the family, or
supervise the parent or other relative in the use of the grant, depending
upon the circumstances in each case, and shall make monthly reports to
the County Department as the County Department and the Illinois Department
The County Department shall terminate the protective payment when it is
no longer necessary to assure that the grant is being used for the welfare
of the child and family, or when the parent or other relative is no
longer receiving and no longer requires treatment for alcohol or substance
abuse, mental health services, or other special care or treatment.
A substitute payee may be removed, in accordance with the rules and
regulations of the Illinois Department, for unsatisfactory service. The
removal may be effected without hearing. The decision shall not be
appealable to the Illinois Department nor shall it be reviewable in the courts.
The County Department shall conduct periodic reviews as may be
required by the Illinois Department to determine whether there is a
continuing need for a protective payment. If it appears that the need for
the payment is likely to continue beyond a reasonable period,
the County Department shall take one of the other actions set out in
The parent or other relative shall be advised, in advance of a
determination to make a protective payment, that he may appeal the decision
to the Illinois Department under the provisions of Section 11-8 of Article
(Source: P.A. 87-528; 87-895.)
305 ILCS 5/4-10
(305 ILCS 5/4-10)
(from Ch. 23, par. 4-10)
Funeral and burial.
If the estate of a deceased recipient is insufficient to pay for funeral
and burial expenses, and if no other resources, including assistance from
legally responsible relatives, are available for such purposes, there shall
be paid, in accordance with the standards, rules and regulations of the
Illinois Department, such reasonable amounts as may be necessary to meet
costs of the funeral, burial space, and cemetery charges or to reimburse
any person not financially responsible for the deceased who has voluntarily
made expenditures for such costs.
(Source: P.A. 90-372, eff. 7-1-98.)
305 ILCS 5/4-11
(305 ILCS 5/4-11)
(from Ch. 23, par. 4-11)
Public officials, agents, or representatives, in carrying out any of the
provisions of this Article, shall not take charge of any child over the
objection of either of the child's parents, or of the persons standing in
loco parentis to the child, except pursuant to court order.
(Source: Laws 1967, p. 122.)
305 ILCS 5/4-12
(305 ILCS 5/4-12)
(from Ch. 23, par. 4-12)
Where a family has been (1) rendered homeless
or threatened with homelessness by fire, flood, other natural
disaster, eviction or court order to vacate the premises for reasons
other than nonpayment of rent, or where a family has become
homeless because they have left their residence due to domestic or sexual violence; (1.5) deprived of the household's income as a result of domestic or sexual violence; (2) deprived of
essential items of furniture or essential clothing by fire or flood or
other natural disaster; (3) deprived of food as a result of actions other
than loss or theft of cash and where the deprivation cannot be promptly
alleviated through the federal food stamp program;
(4) as a result of a documented theft or documented loss of cash, deprived of
food or essential clothing or deprived of shelter or
immediately threatened with deprivation of shelter as evidenced by a court
order requiring immediate eviction due to nonpayment of rent; or (5) rendered the victim of such other
hardships as the Illinois Department shall by rule define, the Illinois
Department may provide assistance to alleviate such
Illinois Department shall verify need and determine eligibility for
assistance for families already receiving grants from the Illinois
Department within 5 working days following application for such assistance
and shall determine eligibility for all other families and afford such
assistance for families found eligible within such
time limits as the Illinois Department shall by rule provide.
The Illinois Department may, by rule, limit crisis assistance
eligible family to once
in any 12
consecutive months. This limitation may be made for some or all items of
The Illinois Department by regulation shall specify the
criteria for determining eligibility and the amount and nature of
assistance to be provided. Where deprivation of
shelter exists or is threatened, the
Illinois Department may provide reasonable moving expenses, short term
rental costs, including one month's rent and a security deposit where such
expenses are needed for relocation, and, where the Department determines
appropriate, provide assistance to prevent an imminent eviction or
foreclosure. These amounts may be described in established amounts or
maximums. The Illinois Department may also describe, for each form of
assistance authorized, the method by which the assistance shall be
delivered, including but not limited to warrants or disbursing orders.
Annual expenditures under this
Section shall not exceed $2,000,000. The Illinois
Department shall review
such expenditures quarterly and shall, if necessary, reduce the amounts or
nature of assistance authorized in order to assure that the limit is not
(Source: P.A. 96-866, eff. 7-1-10
305 ILCS 5/4-13
(305 ILCS 5/4-13)
(from Ch. 23, par. 4-13)
(Source: P.A. 83-1273. Repealed by P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-14
(305 ILCS 5/4-14)
(from Ch. 23, par. 4-14)
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
305 ILCS 5/4-15
(305 ILCS 5/4-15)
(from Ch. 23, par. 4-15)
(Source: Repealed by P.A. 89-131, eff. 7-14-95.)
305 ILCS 5/4-16
(305 ILCS 5/4-16)
(from Ch. 23, par. 4-16)
(Source: P.A. 88-412. Repealed by P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-17
(305 ILCS 5/4-17)
(Source: P.A. 92-111, eff. 1-1-02. Repealed by P.A. 95-322, eff. 1-1-08.)
305 ILCS 5/4-18
(305 ILCS 5/4-18)
(Source: P.A. 89-626, eff. 8-9-96. Repealed by P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-19
(305 ILCS 5/4-19)
(Source: P.A. 90-538, eff. 12-1-97. Repealed by P.A. 92-111, eff. 1-1-02.)
305 ILCS 5/4-21
(305 ILCS 5/4-21)
(a) The Illinois Department shall, by rule, establish a system of sanctions
for persons who fail to cooperate, without good cause, with employment and
training programs or other programs under this Article or Article IXA or who
fail to cooperate
with child support programs under this Article, Article X, or Title IV of the
federal Social Security Act. The sanctions may discontinue all or part of the
cash grant provided under this Article. The sanctions may be time limited or
continue until the person cooperates in the program. The sanctions may be
progressive in that a second, third, or further sanction may be progressively
more severe or last longer.
(b) The Illinois Department shall, by rule, define what constitutes failure
to cooperate and what constitutes good cause which would excuse that failure.
(Source: P.A. 90-17, eff. 7-1-97.)
305 ILCS 5/4-22
(305 ILCS 5/4-22)
Domestic and sexual violence.
(a) The assessment process to develop the personal plan for achieving
self-sufficiency shall include questions that screen for domestic and sexual violence
issues. If the individual indicates that he or she is the victim of domestic or sexual
violence and indicates a need to address domestic or sexual violence issues in order to
reach self-sufficiency, the plan shall take this factor into account in
determining the work, education, and training activities suitable to the client
for achieving self-sufficiency. In addition, in such a case, specific steps
needed to directly address the domestic or sexual violence issues may also be made part
of the plan, including referral to an available domestic or sexual violence program. The Department shall conduct an individualized assessment and grant waivers of program requirements and other required activities for victims of domestic violence to the fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall apply the same laws, regulations, and policies to victims of sexual violence. The duration of such waivers shall be initially determined and subsequently redetermined on a case-by-case basis. There shall be no limitation on the total number of months for which waivers under this Section may be granted, but continuing eligibility for a waiver shall be redetermined no less often than every 6 months.
(b) The Illinois Department shall develop and monitor compliance procedures
for its employees, contractors, and subcontractors to ensure that any
information pertaining to any client who claims to be a past or present victim
of domestic violence or an individual at risk of further domestic violence,
whether provided by the victim or by a third party, will remain
(c) The Illinois Department shall develop and implement a domestic
curriculum for Illinois Department employees who serve applicants for and
recipients of aid
under this Article. The curriculum shall be designed to better equip those
employees to identify
and serve domestic violence victims.
The Illinois Department may enter into a contract for the development of the
curriculum with one or more organizations providing
services to domestic violence victims. The Illinois Department shall adopt
rules necessary to implement this subsection.
(Source: P.A. 96-866, eff. 7-1-10
305 ILCS 5/4-23
(305 ILCS 5/4-23)
Civil rights impact statement.
(a) The Department of Human Services
submit to the Governor and the General Assembly
on January 1 of each even-numbered year a written report
that details the disparate impact of various
provisions of the TANF program on people of different racial or ethnic
identify themselves in an application for benefits as any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa). Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
(6) White (a person having origins in any of the
original peoples of Europe, the Middle East, or North Africa).
(b) The report must
at least compare the
persons in each group:
(1) who are receiving TANF assistance;
(2) whose 60-month lifetime limit on receiving
(3) who have left TANF due to earned income;
(4) who have left TANF due to non-compliance with
(5) whose TANF grants have been reduced by sanctions
for non-compliance with program rules;
(6) who have returned to TANF 6 months after leaving
(7) who have returned to TANF 12 months after leaving
(8) who have one or more children excluded from
receiving TANF cash assistance due to the child exclusion rule;
(9) who have been granted an exemption from work
(10) who are participating in post-secondary
(Source: P.A. 97-396, eff. 1-1-12.)