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91_SB0680ham002
LRB9101971DJmbam01
1 AMENDMENT TO SENATE BILL 680
2 AMENDMENT NO. . Amend Senate Bill 680, AS AMENDED,
3 as follows:
4 by replacing the title with the following:
5 "AN ACT to amend the Illinois Public Aid Code by changing
6 Sections 4-1.12 and 12-4.11, by adding Sections 1-12, 9A-14,
7 and 12-4.17a, and by repealing Section 4-22."; and
8 in the introductory clause of Section 5, by replacing
9 "Sections 9A-14" with "Sections 1-12, 9A-14,"; and
10 after the introductory clause of Section 5, by inserting the
11 following:
12 "(305 ILCS 5/1-12 new)
13 Sec. 1-12. Domestic violence option.
14 (a) Findings. The General Assembly finds that:
15 (1) domestic violence may make it difficult for
16 some individuals to attain economic self-sufficiency; and
17 (2) no individual or family should be unfairly
18 penalized because past or present domestic violence or
19 the risk of domestic violence causes them to fail to
20 comply with requirements for assistance.
21 (b) Definition of domestic violence. For purposes of
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1 this Section:
2 "Domestic violence" means battering or subjecting a
3 person to extreme cruelty by (i) physical acts that result in
4 or threaten to result in physical injury; (ii) sexual abuse;
5 (iii) sexual activity involving a dependent child; (iv)
6 forcing the person to participate in nonconsensual sexual
7 acts or activities; (v) threats of, or attempts at, physical
8 or sexual abuse; (vi) mental abuse; or (vii) neglect or
9 deprivation of medical care.
10 (c) Protection of applicants and recipients who are
11 victims of domestic violence. In recognition of the reality
12 of domestic violence for many individuals who may need
13 Temporary Assistance for Needy Families (TANF), the State of
14 Illinois adopts the Domestic Violence Option of Section
15 402(a)(7) of the Social Security Act.
16 The Department of Human Services, in operation of the
17 TANF program under Article IV, shall:
18 (1) Screen and identify applicants and recipients
19 of assistance for TANF who are past or present victims of
20 domestic violence or at risk of further domestic
21 violence, while maintaining confidentiality.
22 (2) Refer these individuals for counseling and
23 supportive services.
24 (3) Waive, pursuant to a determination of good
25 cause, any program requirements that would make it more
26 difficult for these individuals to escape domestic
27 violence or unfairly penalize past or present victims of
28 domestic violence or those at risk of further domestic
29 violence, such as time limits on receiving assistance,
30 paternity establishment, child support cooperation
31 requirements, residency requirements, and family cap
32 provisions. When granting waivers under this Section,
33 the Department shall determine a specific relationship
34 between the domestic violence suffered by the client and
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1 the need to waive a requirement because domestic violence
2 makes it more difficult or impossible for the client to
3 meet the requirement.
4 In addition, the Department shall, in the assessment
5 process to develop a personal plan for self-sufficiency, take
6 the factor of domestic violence into account in determining
7 the work, education, and training activities that are
8 appropriate, including temporarily waiving any work,
9 education, or training requirement, and in establishing good
10 cause for failure to cooperate in the plan.
11 (d) Evidence of domestic violence. Allegations of
12 domestic violence by a victim shall be corroborated by
13 further evidence. Evidence may include, but is not limited
14 to, police, governmental agency, or court records;
15 documentation from a shelter worker, legal, clerical,
16 medical, or other professional from whom the applicant or
17 recipient has sought assistance in dealing with domestic
18 violence; or other corroborating evidence, such as a
19 statement from any other individual with knowledge of the
20 circumstances which provide the basis for the claim, physical
21 evidence of domestic violence, or any other evidence that
22 supports the statement.
23 That an applicant or recipient is a past or present
24 victim of domestic violence or at risk of further domestic
25 violence may be established at any time.
26 (e) An applicant or recipient may decline to participate
27 in services specifically directed at domestic violence, or
28 may terminate participation in such services, without penalty
29 or sanction.
30 (f) The Department shall develop and monitor policies
31 and procedures to comply with this Section. Those policies
32 and procedures include, but are not limited to,
33 identification of victims of domestic violence, notification
34 to applicants and recipients, maintaining confidentiality,
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1 referral to services, granting waivers, determining evidence
2 of domestic violence, and training of the Department's
3 employees."; and
4 in Section 5, after the last line of Sec. 12-4.17a, by
5 inserting the following:
6 "(305 ILCS 5/4-22 rep.)
7 Section 10. The Illinois Public Aid Code is amended by
8 repealing Section 4-22.".