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90_SB0861eng 305 ILCS 5/4-8 from Ch. 23, par. 4-8 Amends the Illinois Public Aid Code. Provides that, in determining whether a child in an assistance unit is not receiving proper and necessary support or care, the Department of Public Aid, or the Department of Human Services as successor agency to the Department of Public Aid for the purpose of administering the AFDC program, shall consider irregular school attendance by children of school age grades 1 through 8 (rather than elementary school age grades 1 through 6) as evidence of lack of proper and necessary support or care and shall provide services to those families as resources permit. Effective immediately. LRB9002989SMpk SB861 Engrossed LRB9002989SMpk 1 AN ACT to amend the Illinois Public Aid Code by changing 2 Section 4-8. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Public Aid Code is amended by 6 changing Section 4-8 as follows: 7 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8) 8 Sec. 4-8. Mismanagement of assistance grant. 9 (a) If the County Department has reason to believe that 10 the money payment for basic maintenance is not being used, or 11 may not be used, in the best interests of the child and the 12 family and that there is present or potential damage to the 13 standards of health and well-being that the grant is intended 14 to assure, the County Department shall provide the parent or 15 other relative with the counseling and guidance services with 16 respect to the use of the grant and the management of other 17 funds available to the family as may be required to assure 18 use of the grant in the best interests of the child and 19 family. The Illinois Department shall by rule prescribe 20 criteria which shall constitute evidence of grant 21 mismanagement. The criteria shall include but not be limited 22 to the following: 23 (1) A determination that a child in the assistance 24 unit is not receiving proper and necessary support or 25 other care for which assistance is being provided under 26 this Code. 27 (2) A record establishing that the parent or 28 relative has been found guilty of public assistance fraud 29 under Article VIIIA. 30 (3) A determination by an appropriate person, 31 entity, or agency that the parent or other relative SB861 Engrossed -2- LRB9002989SMpk 1 requires treatment for alcohol or substance abuse, mental 2 health services, or other special care or treatment. 3 The Department shall at least consider non-payment of 4 rent for two consecutive months as evidence of grant 5 mismanagement by a parent or relative of a recipient who is 6 responsible for making rental payments for the housing or 7 shelter of the child or family, unless the Department 8 determines that the non-payment is necessary for the 9 protection of the health and well-being of the recipient. The 10 County Department shall advise the parent or other relative 11 grantee that continued mismanagement will result in the 12 application of one of the sanctions specified in this 13 Section. 14 The Illinois Department shall consider irregular school 15 attendance by children of
elementaryschool age grades 1 16 through 8 6, as evidence of lack of proper and necessary 17 support or care. 18 The Illinois Department shall develop preventive programs 19 in collaboration with elementaryschool and social service 20 networks to encourage school attendance of children receiving 21 assistance under Article IV. To the extent that Illinois 22 Department and community resources are available, the 23 programs shall serve families whose children in grades 1 24 through 8 6are not attending elementaryschool regularly, as 25 defined by the school. The programs shall include referrals 26 from the school to a social service network, assessment and 27 development of a service plan by one or more network 28 representatives, and the Illinois Department's encouragement 29 of the family to follow through with the service plan. 30 Families that fail to follow the service plan as determined 31 by the service provider, shall be subject to the protective 32 payment provisions of this Section and Section 4-9 of this 33 Code. 34 Families for whom a protective payment plan has been in SB861 Engrossed -3- LRB9002989SMpk 1 effect for at least 3 months and whose elementaryschool 2 children continue to regularly miss school shall be subject 3 to a sanction of the parent's portion of the grant. The 4 sanction shall continue until the children demonstrate 5 satisfactory attendance, as defined by the school. To the 6 extent necessary to implement this Section, the Illinois 7 Department shall seek appropriate waivers of federal 8 requirements from the U.S. Department of Health and Human 9 Services. 10 The Illinois Department may implement the amendatory 11 changes to this Section made by this amendatory Act of 1995 12 through the use of emergency rules in accordance with the 13 provisions of Section 5-45 of the Illinois Administrative 14 Procedure Act. For purposes of the Illinois Administrative 15 Procedure Act, the adoption of rules to implement the 16 amendatory changes to this Section made by this amendatory 17 Act of 1995 shall be deemed an emergency and necessary for 18 the public interest, safety, and welfare. 19 (b) If the local office has reason to believe that a 20 caretaker relative is experiencing substance abuse: 21 (i) If there is another family member or friend who 22 is ensuring that the family's needs are being met, that 23 person, if willing, shall be assigned as protective 24 payee. 25 (ii) If there is no family member or close friend 26 to serve as protective payee, the Department shall 27 determine if a referral to the Department of Children and 28 Family Services is warranted and, if appropriate, make 29 the referral. 30 (iii) The Department shall contact the individual 31 who is thought to be experiencing substance abuse and 32 explain why the protective payee has been assigned and 33 refer the individual to treatment. 34 (c) This subsection (c) applies to cases other than SB861 Engrossed -4- LRB9002989SMpk 1 those described in subsection (b). If the efforts to correct 2 the mismanagement of the grant have failed, the County 3 Department, in accordance with the rules and regulations of 4 the Illinois Department, shall initiate one or more of the 5 following actions: 6 1. Provide for a protective payment to a substitute 7 payee, as provided in Section 4-9. This action may be 8 initiated for any assistance unit containing a child 9 determined to be neglected by the Department of Children 10 and Family Services under the Abused and Neglected Child 11 Reporting Act, and in any case involving a record of 12 public assistance fraud. 13 2. Provide for issuance of all or part of the grant 14 in the form of disbursing orders. This action may be 15 initiated in any case involving a record of public 16 assistance fraud, or upon the request of a substitute 17 payee designated under Section 4-9. 18 3. File a petition under the Juvenile Court Act of 19 1987 for an Order of Protection under Sections 2-25, 20 2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that 21 Act. 22 4. Institute a proceeding under the Juvenile Court 23 Act of 1987 for the appointment of a guardian or legal 24 representative for the purpose of receiving and managing 25 the public aid grant. 26 5. If the mismanagement of the grant, together with 27 other factors, have rendered the home unsuitable for the 28 best welfare of the child, file a neglect petition under 29 the Juvenile Court Act of 1987, requesting the removal of 30 the child or children. 31 (Source: P.A. 88-412; 89-6, eff. 3-6-95.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.
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