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90_SB1374
305 ILCS 5/12-4.7d new
Amends the "Administration" Article of the Public Aid
Code. Provides that the State of Illinois adopts the "family
violence option" under the Social Security Act. Requires
that every State agency responsible for operation and
implementation of any portion of the TANF (formerly AFDC)
program or child support programs under the Code (1) screen
and identify applicants for and recipients of TANF who are
past or present victims of domestic violence or at risk of
further domestic violence, while protecting confidentiality;
(2) refer those individuals for counseling and supportive
services; and (3) waive any program requirements that would
make it more difficult for those individuals to escape
domestic violence or that would unfairly penalize past or
present victims of domestic violence or those at risk of
further domestic violence. Effective immediately.
LRB9011258DJpc
LRB9011258DJpc
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 12-4.7d.
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 adding Section 12-4.7d as follows:
7 (305 ILCS 5/12-4.7d new)
8 Sec. 12-4.7d. Family violence option.
9 (a) In recognition of the reality of family violence for
10 many individuals who may need Temporary Assistance for Needy
11 Families (TANF), the State of Illinois adopts the "family
12 violence option" of Section 402(a)(7) of the Social Security
13 Act.
14 (b) Every State agency responsible for the operation and
15 implementation of any portion of the TANF program under
16 Article IV and any child support program under Articles IV
17 and X shall do all of the following:
18 (1) Screen and identify applicants for and
19 recipients of TANF who are past or present victims of
20 domestic violence or at risk of further domestic
21 violence, while protecting confidentiality.
22 (2) Refer those individuals for counseling and
23 supportive services.
24 (3) Waive, for so long as necessary, pursuant to a
25 determination of good cause, any program requirements
26 that would make it more difficult for those individuals
27 to escape domestic violence or that would unfairly
28 penalize past or present victims of domestic violence or
29 those at risk of further domestic violence. Those
30 requirements include, but are not limited to, time limits
31 on receipt of assistance, work requirements, paternity
-2- LRB9011258DJpc
1 establishment and child support cooperation requirements,
2 residency requirements, "family cap" provisions,
3 budgeting an abuser's income as countable income,
4 limitations on emergency assistance, or any penalty or
5 sanction, including reduction or termination of
6 assistance, for failure to comply with a program
7 requirement.
8 (c) For purposes of this Section, a victim of domestic
9 violence is someone who has been battered or subjected to
10 extreme cruelty as that term is defined in Section
11 408(a)(7)(C)(iii) of the Social Security Act.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.