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| [ Introduced ] | [ House Amendment 001 ] |
91_HB4160eng HB4160 Engrossed LRB9112025DHpk 1 AN ACT to amend the Illinois Public Aid Code by adding 2 Section 1-12 and repealing Section 4-22. 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 1-12 as follows: 7 (305 ILCS 5/1-12 new) 8 Sec. 1-12. Family violence option. 9 (a) Findings. The General Assembly finds that domestic 10 violence may make it difficult for individuals and families 11 to attain economic self-sufficiency, because the physical and 12 mental effects of past or present abuse may hinder job 13 performance; because abusive partners may attempt to sabotage 14 their victims' education, training, and employment to keep 15 them economically dependent; or because the demands of court 16 intervention, criminal prosecution, counseling, or safety 17 planning may interfere with work, education, or training. 18 (b) It is the policy of the State of Illinois that: 19 (1) no individual or family should be forced to 20 remain in a violent living situation or place themselves 21 or others at risk in order to attain or retain assistance 22 or because any time period for receipt of assistance has 23 expired; and 24 (2) no individual or family should be unfairly 25 penalized because past or present domestic violence or 26 the risk of domestic violence causes them to fail to 27 comply with requirements for assistance. 28 (c) Definitions. 29 (1) Definition of domestic violence. For purposes 30 of this Section, a victim of domestic violence is someone 31 who has been battered or subject to extreme cruelty as HB4160 Engrossed -2- LRB9112025DHpk 1 that term has been defined in Section 408(a)(7)(C)(iii) 2 of the Social Security Act as amended August 22, 1996, 3 and any successor versions, and codified as amended at 42 4 U.S.C. 608(a)(7)(C)(iii), and any successor versions, as 5 follows: 6 "Domestic violence" means battering or subjecting a 7 person to extreme cruelty by (i) physical acts that result in 8 or threaten to result in physical injury; (ii) sexual abuse; 9 (iii) sexual activity involving a dependent child; (iv) 10 forcing the person to participate in nonconsensual sexual 11 acts or activities; (v) threats of, or attempts at, physical 12 or sexual abuse; (vi) mental abuse; or (vii) neglect or 13 deprivation of medical care. 14 (2) Definition of assistance. For purposes of this 15 Section, the term assistance is as defined at 45 CFR 16 260.31 as amended at 64 Fed. Reg. 17,719 (April 12, 17 1999), and any successor versions. 18 (d) Protection of applicants and recipients who are 19 victims of domestic violence. In recognition of the reality 20 of domestic violence for many individuals and families who 21 may need assistance under the Illinois Public Aid Code, the 22 State of Illinois adopts the Family Violence Option of 23 Section 402(a)(7) of the Social Security Act as amended 24 August 22, 1996, and any successor versions, and codified as 25 amended at 42 U.S.C. 602(a)(7), and any successor versions, 26 and the implementing federal regulations for the Temporary 27 Assistance for Needy Families Program (TANF) at 45 CFR 260.50 28 et seq. as amended at 64 Fed. Reg. 17,719 (April 12, 1999), 29 and any successor versions. Standards and procedures shall 30 be established and enforced to: 31 (1) Screen and identify applicants and recipients of 32 assistance who are past or present victims of domestic 33 violence or at risk of further domestic violence, while 34 maintaining the confidentiality of those individuals. HB4160 Engrossed -3- LRB9112025DHpk 1 (2) Refer those individuals to counseling and 2 supportive services. 3 (3) Waive, pursuant to a determination of good 4 cause, for so long as necessary any program requirements 5 that would make it more difficult for those individuals 6 to escape domestic violence or unfairly penalize past or 7 present victims of domestic violence or those at risk of 8 further domestic violence, such as time limits on 9 receiving assistance, paternity establishment and child 10 support cooperation requirements, and family cap 11 provisions. When granting waivers under this Section, 12 the Department shall determine a specific relationship 13 between the domestic violence suffered by the client and 14 the need to waive a requirement because domestic violence 15 makes it more difficult or impossible for the client to 16 meet the requirement. 17 In addition, in the assessment process to develop a 18 personal plan for self-sufficiency, the factor of 19 domestic violence shall be taken into account in 20 determining the work, education, and training activities 21 that are appropriate, including temporarily waiving any 22 work, education, or training requirement, and in 23 establishing good cause for failure to cooperate in the 24 plan. Further, the State shall meet the requirements for 25 Federal recognition of good cause domestic violence 26 waivers for assistance applicants and recipients under 45 27 CFR 260.55 as amended at 64 Fed. Reg. 17,719 (April 12, 28 1999), and any successor versions. 29 (e) Evidence of domestic violence. Allegations of 30 domestic violence by a victim shall be corroborated by 31 further evidence. Evidence may include, but is not limited 32 to, police, governmental agency, or court records; 33 documentation from a shelter worker, legal, clerical, 34 medical, or other professional from whom the individual has HB4160 Engrossed -4- LRB9112025DHpk 1 sought assistance in dealing with domestic violence; or other 2 corroborating evidence, such as a statement from any other 3 individual with knowledge of the circumstances which provide 4 the basis for the claim, physical evidence of domestic 5 violence, or any other evidence that supports the 6 allegations. That an individual is a past or present victim 7 of domestic violence or at risk of further domestic violence 8 may be established at any time. 9 (f) An individual may decline to participate in services 10 specifically directed at domestic violence or may terminate 11 participation in those services, without penalty or sanction. 12 (g) The Department of Human Services, or any successor 13 Department or Agency responsible for the operation of the 14 TANF program under Article IV, shall be responsible for the 15 coordination of policies and procedures to comply with this 16 Section, in consultation with State and local domestic 17 violence experts. Those policies and procedures include, but 18 are not limited to, the screening and identification of 19 victims of domestic violence, notification to applicants and 20 recipients of assistance, maintaining confidentiality, 21 referral to services, the waiver process, determining 22 evidence of domestic violence, and training of State 23 employees. The policies and procedures shall apply to State 24 Departments and Agencies which directly administer programs 25 affected by the waivers that might be granted under 26 subsection (d) above, including but not limited to the 27 provision of assistance under TANF, paternity establishment 28 and child support cooperation, and work, education, and 29 training programs. 30 (305 ILCS 5/4-22 rep.) 31 Section 10. The Illinois Public Aid Code is amended by 32 repealing Section 4-22. HB4160 Engrossed -5- LRB9112025DHpk 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.