Public Act 90-0249 of the 90th General Assembly
Public Act 90-0249
HB1080 Enrolled LRB9000909RCks
AN ACT to amend the Illinois Public Aid Code by changing
Section 4-8.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 4-8 as follows:
(305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
Sec. 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 elementary school age grades 1
through 6, as evidence of lack of proper and necessary
support or care.
The Illinois Department shall develop preventive programs
in collaboration with elementary 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 6 are not attending elementary school regularly, as
defined by the school. 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
Code.
Families for whom a protective payment plan has been in
effect for at least 3 months and whose elementary school
children continue to regularly miss school shall be subject
to a sanction of the parent's portion of the grant. 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.
The Illinois Department may implement the amendatory
changes to this Section made by this amendatory Act of 1995
through the use of emergency rules in accordance with the
provisions of Section 5-45 of the Illinois Administrative
Procedure Act. For purposes of the Illinois Administrative
Procedure Act, the adoption of rules to implement the
amendatory changes to this Section made by this amendatory
Act of 1995 shall be deemed an emergency and necessary for
the public interest, safety, and welfare.
(b) In areas of the State where clinically appropriate
substance abuse treatment capacity is available, if the local
office has reason to believe that 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 if 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
following actions:
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 Sections 2-25,
2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 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, have 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. 88-412; 89-6, eff. 3-6-95.)