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Public Act 92-0111
HB3131 Enrolled LRB9201926WHcs
AN ACT in relation to human services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4.3 and 52 as follows:
(20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
Sec. 4.3. Site visits and inspections.
(a) (Blank). Each facility under the jurisdiction of
the Department shall be subject to a site visit at least once
during each biennium by the Citizens Council on Mental Health
and Developmental Disabilities as provided in Section 11A-7
of the Legislative Commission Reorganization Act of 1984, as
now or hereafter amended.
(b) The Department shall establish a system of annual
on-site inspections of each facility under its jurisdiction.
The inspections shall be conducted by the Department's
central office to:
(1) Determine facility compliance with Department
policies and procedures;
(2) Determine facility compliance with audit
recommendations;
(3) Evaluate facility compliance with applicable
federal standards;
(4) Review and follow up on complaints made by
community mental health agencies and advocates, and on
findings of the Human Rights Authority division of the
Guardianship and Advocacy Commission; and
(5) Review administrative and management problems
identified by other sources.
(Source: P.A. 86-1013.)
(20 ILCS 1705/52) (from Ch. 91 1/2, par. 100-52)
Sec. 52. The Citizens Council on Mental Health and
Developmental Disabilities shall monitor the Department's
plan development process. After publication of the annual
plan, or any amendment thereto, the Department shall make
copies available to the public and to Statewide citizen and
professional organizations as well as to each legislative
commission having review or advisory authority in the areas
of mental health or developmental disabilities. The public,
the citizen and professional organizations and legislative
commission shall be given an opportunity to comment upon the
plan, or amendments thereto.
Within 60 days after publication of the annual plan or of
any substantial amendments thereto, the Department shall hold
a public hearing in each administrative region of the State.
The Department shall respond to any comments, recommendations
or testimony presented at such hearings or communicated to
the Department in writing. Such comments, recommendations
and testimony as well as the responses of the Department
shall be abstracted and published in the annual plan for the
succeeding year.
Amendments to an annual plan which relate only to
state-operated facilities, services or programs delivered to
a single region of the State require a public hearing only in
that region.
When there are budgetary or other changes in programs or
services of the Department which are inconsistent with the
annual plan in effect, the Department shall submit to the
General Assembly, the Citizens Council on Mental Health and
Developmental Disabilities, and to any commission subject to
notice of amendments under this Section, a detailed statement
of such deviation and its consequences.
(Source: P.A. 86-922.)
(20 ILCS 1705/58 rep.)
Section 3. The Mental Health and Developmental
Disabilities Administrative Act is amended by repealing
Section 58.
(20 ILCS 2425/Act rep.)
Section 4. The Hearing Impaired and Behavior Disordered
Children Services Act is repealed.
(20 ILCS 3940/Act rep.)
Section 5. The General Assistance Job Opportunities Act
is repealed.
(20 ILCS 3957/Act rep.)
Section 7. The Home and Community-Based Services Act is
repealed.
Section 8. The Legislative Commission Reorganization Act
of 1984 is amended by changing Section 11A-7 as follows:
(25 ILCS 130/11A-7) (from Ch. 63, par. 1011A-7)
Sec. 11A-7. The Citizens Assembly, under the direction
of the Citizens Council on Mental Health and Developmental
Disabilities, shall:
(a) Review, comment and make recommendations upon the
following: all plans and policies of the Department of Human
Services relating to mental health and developmental
disabilities; all other plans, including long range plans
developed by the Governor or any officer, agency, committee
or other group designated to do planning for the State in the
areas of mental health or developmental disabilities,
including alcoholism and drug addiction; and the impact of
such plans on the programs and services provided by units of
local government, school districts and private agencies in
such areas. The Citizens Assembly may adopt its own
recommendations for a statewide plan or for limited plans on
a regional, programmatic or other basis in such areas. The
Citizens Assembly may review and comment upon any plans,
proposals or grant applications made on behalf of the State
to the federal government or to private organizations in such
areas;
(b) (Blank); Review the operations, administration,
execution of policy and implementation of State law by the
Department of Human Services in relation to mental health and
developmental disabilities and by any other State agency
providing services or administering programs in the areas of
mental health or developmental disabilities, including
alcoholism and drug addiction. The Citizens Assembly shall
monitor the following activities of the Department of Human
Services and such other agencies insofar as they relate to
mental health or developmental disabilities: the delivery of
all direct services; the administration of grant and purchase
of service programs; and any licensing, enforcement or review
powers.
As a part of the review under this subsection (b), the
Citizens Council on Mental Health and Developmental
Disabilities shall conduct, at least once during each
biennium, an examination of each facility under the
jurisdiction of the Department of Human Services as described
in Section 4 of the Mental Health and Developmental
Disabilities Administrative Act. The examination shall
include, but not be limited to, at least one site visit to
review the facility's operations, patient care provided by
the facility, and the physical condition of the facility's
buildings and grounds. The examination shall also include an
analysis of the following indices of care:
(1) The percentage of patients and residents
returning for inpatient treatment within 30 and 60 days
of discharge, in relation to the documentation of
readiness for discharge and quality of discharge
planning.
(2) The facility's ability to insure continuity of
care by linkage rates and access to patients for
community providers.
(3) Overcrowding; that is, the number of days on
which the facility's census exceeded its functional bed
capacity.
(4) The level of clinical services as measured by
the number of credentialed staff, evidence of structured
therapeutic activity, and the number of admissions in
relation to the number of beds in the facility.
(5) Employee turnover.
(6) The incidence of assaults on patients or
residents of the facility.
(7) Recidivism.
In carrying out its examination, the Citizens Council
shall solicit evaluations and comments from patient and
resident family and advocacy groups.
The Citizens Assembly shall also review the utilization
of State appropriated funds and federal and private grants by
the Department of Human Services or such other agencies
relating to mental health and developmental disabilities;
(c) Study the progress and problems of the
hospitalization, care, treatment and training of the mentally
afflicted and persons with a developmental disability;
(d) Study the need for further codification or revision
of the laws relating to mental health and developmental
disabilities, and make such recommendations to the General
Assembly;
(e) Study all germane factors in an effort to determine
the improvements necessary to raise the mental health of the
citizens of Illinois to a desirable level;
(f) Advise the Governor concerning the choice of a
person to be appointed Associate Secretary of Human Services
with authority over the functions exercised by the Department
of Human Services as successor to the Department of Mental
Health and Developmental Disabilities, if such a person is
appointed;
(g) Meet regularly with the Secretary of Human Services
and regularly consult with the Psychiatric Advisory Council.
The Citizens Assembly may advise the Secretary on all matters
relating to the policy and administration of mental health
and developmental disability services in this State.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
Section 10. The Public Officer Prohibited Activities Act
is amended by changing Section 1 as follows:
(50 ILCS 105/1) (from Ch. 102, par. 1)
Sec. 1. County board. No member of a county board,
during the term of office for which he or she is elected, may
be appointed to, accept, or hold any office other than (i)
chairman of the county board or member of the regional
planning commission by appointment or election of the board
of which he or she is a member or (ii) alderman of a city or
member of the board of trustees of a village or incorporated
town if the city, village, or incorporated town has fewer
than 1,000 inhabitants and is located in a county having
fewer than 50,000 inhabitants, unless he or she first resigns
from the office of county board member or unless the holding
of another office is authorized by law. Any such prohibited
appointment or election is void. This Section shall not
preclude a member of the county board from being selected or
from serving as a member of the County Personnel Advisory
Board as provided in Section 12-17.2 of the Illinois Public
Aid Code, as a member of a County Extension Board as provided
in Section 7 of the County Cooperative Extension Law, as a
member of an Emergency Telephone System Board as provided in
Section 15.4 of the Emergency Telephone System Act, or as
appointed members of the board of review as provided in
Section 6-30 of the Property Tax Code. Nothing in this Act
shall be construed to prohibit an elected county official
from holding elected office in another unit of local
government so long as there is no contractual relationship
between the county and the other unit of local government.
This amendatory Act of 1995 is declarative of existing law
and is not a new enactment.
(Source: P.A. 91-732, eff. 1-1-01.)
Section 15. The Illinois Municipal Code is amended by
changing Section 11-43-2 as follows:
(65 ILCS 5/11-43-2) (from Ch. 24, par. 11-43-2)
Sec. 11-43-2. Taxes levied by any municipality having a
population of 500,000 or more for general assistance for
persons in need thereof as provided in The Illinois Public
Aid Code, as now or hereafter amended, for each fiscal year
shall not exceed the rate of .10% upon the value of all
property therein as that property is equalized or assessed by
the Department of Revenue. Nor shall the rate produce in
excess of the amount needed in that municipality for general
assistance for persons in need thereof.
All money received from these taxes and moneys collected
or recovered by or in behalf of the municipality under The
Illinois Public Aid Code shall be used exclusively for the
furnishing of general assistance within the municipality; for
the payment of administrative costs thereof; and for the
payment of warrants issued against and in anticipation of the
general assistance taxes, and accrued interest thereon. Until
January 1, 1974, the treasurer of the municipality, shall pay
all moneys received from general assistance taxes and all the
moneys collected or recovered by or in behalf of the
municipality under The Illinois Public Aid Code into the
special fund in the county treasury established pursuant to
Section 12-21.14 of that Code. After December 31, 1973, but
not later than June 30, 1979, the treasurer of the
municipality shall pay all moneys received from general
assistance taxes and collections or recoveries directly into
the Special Purposes Trust Fund established by Section 12-10
of The Illinois Public Aid Code. After June 30, 1979, moneys
and funds designated by this Section shall be paid into the
General Revenue Fund as reimbursement for appropriated funds
disbursed as provided in Section 12-18.4 of the Illinois
Public Aid Code.
Upon the filing with the county clerk of a certified copy
of an ordinance levying such taxes, the county clerk shall
extend the taxes upon the books of the collector of state and
county taxes within that municipality in the manner provided
in Section 8-3-1 for the extension of municipal taxes.
(Source: P.A. 81-1509.)
Section 20. The Illinois Public Aid Code is amended by
changing Sections 1-7, 1-8, 2-6, 2-13, 3-1a, 3-11, 4-1,
4-1.1, 4-1.2a, 4-1.2c, 4-1.6, 4-1.10, 4-2, 4-8, 4-17, 6-1,
6-1.2, 6-1.3a, 6-2, 6-11, 9-1, 9-5, 9-6, 9-6.1, 9-6.2, 9A-3,
9A-5, 9A-13, 11-3, 11-6.1, 11-8, 11-8.7, 11-9, 11-15, 11-17,
11-20, 11-22, 11-22a, 12-2, 12-3, 12-4.4, 12-4.7, 12-4.8,
12-4.17, 12-4.24a, 12-5, 12-8, 12-10.3, 12-13, 12-13.05,
12-19, 12-19.2, 12-19.3, 12-21.10, 12-21.14, and 12-21.20 as
follows:
(305 ILCS 5/1-7) (from Ch. 23, par. 1-7)
Sec. 1-7. (a) For purposes of determining eligibility
for assistance under this Code, the Illinois Department,
County Departments, and local governmental units shall
exclude from consideration restitution payments, including
all income and resources derived therefrom, made to persons
of Japanese or Aleutian ancestry pursuant to the federal
Civil Liberties Act of 1988 and the Aleutian and Pribilof
Island Restitution Act, P.L. 100-383.
(b) For purposes of any program or form of assistance
where a person's income or assets are considered in
determining eligibility or level of assistance, whether under
this Code or another authority, neither the State of Illinois
nor any entity or person administering a program wholly or
partially financed by the State of Illinois or any of its
political subdivisions shall include restitution payments,
including all income and resources derived therefrom, made
pursuant to the federal Civil Liberties Act of 1988 and the
Aleutian and Pribilof Island Restitution Act, P.L. 100-383,
in the calculation of income or assets for determining
eligibility or level of assistance.
(c) For purposes of determining eligibility for or the
amount of assistance under this Code, except for the
determination of eligibility for payments or programs under
the TANF employment, education, and training programs Job
Opportunity and Basic Skills Program and the Food Stamp
Employment and Training Program, the Illinois Department,
County Departments, and local governmental units shall
exclude from consideration any financial assistance received
under any student aid program administered by an agency of
this State or the federal government, by a person who is
enrolled as a full-time or part-time student of any public or
private university, college, or community college in this
State.
(Source: P.A. 87-565; 88-436.)
(305 ILCS 5/1-8)
Sec. 1-8. Fugitives ineligible.
(a) The following persons are not eligible for aid under
this Code, or federal food stamps or federal food stamp
benefits:
(1) A person who has fled from the jurisdiction of
any court of record of this or any other state or of the
United States to avoid prosecution for a felony or to
avoid giving testimony in any criminal proceeding
involving the alleged commission of a felony.
(2) A person who has fled to avoid imprisonment in
a correctional facility of this or any other state or the
United States for having committed a felony.
(3) A person who has escaped from a correctional
facility of this or any other state or the United States
if the person was incarcerated for having committed a
felony.
(4) A person who is violating a condition of
probation or parole imposed under federal or State law.
In this Section, "felony" means a violation of a penal
statute of this or any other state or the United States for
which a sentence to death or to a term of imprisonment in a
penitentiary for one year or more is provided.
To implement this Section, the Illinois Department may
exchange necessary information with an appropriate law
enforcement agency of this or any other state, a political
subdivision of this or any other state, or the United States.
(b) (Blank). The Illinois Department shall apply for all
waivers of federal law and regulations necessary to implement
this Section, and implementation of this Section is
contingent on the Illinois Department's receipt of those
waivers.
(Source: P.A. 89-489, eff. 1-1-97; 90-17, eff. 7-1-97.)
(305 ILCS 5/2-6) (from Ch. 23, par. 2-6)
Sec. 2-6. "Financial aid". A money or vendor payment to
or in behalf of a recipient for basic maintenance support or
medical assistance provided under Articles III, IV, V, and VI
and VII.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/2-13) (from Ch. 23, par. 2-13)
Sec. 2-13. "County department". The Department of Human
Services local office or offices County Department of Public
Aid in each county in this State.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/3-1a) (from Ch. 23, par. 3-1a)
Sec. 3-1a. Interim Assistance.
(a) (Blank). The interim assistance program previously
administered under this Article is abolished effective
September 1, 1995. Persons receiving interim assistance
before September 1, 1995 may apply for and receive State
Transitional Assistance benefits under Section 6-11 of this
Code if they meet the eligibility criteria under that program
as revised by this amendatory Act of 1995. Notwithstanding
any other Section of this Code, the Illinois Department is
authorized to cancel interim assistance and related medical
benefits for all clients effective September 1, 1995 and
require former recipients of interim assistance to reapply
for State Transitional Assistance and any related medical
benefits. Applications filed on July 1, 1995 and thereafter
shall not be considered under the interim assistance program
but shall be considered only under the State Transitional
Assistance program, as revised by this amendatory Act of
1995.
(b) The Illinois Department may establish, by rule, an
advocacy program to help clients pursue Supplemental Security
Income applications and, if the client is found ineligible
for Supplemental Security Income initially, to help the
client pursue the Supplemental Security Income
reconsideration and appeal process. This program may be
limited to specific geographic areas.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95.)
(305 ILCS 5/3-11) (from Ch. 23, par. 3-11)
Sec. 3-11. Fraudulent transfer of real property.
A transfer of any legal or equitable interest in real
property, whether vested, contingent, or inchoate, by a
person who is or has been a recipient, including any such
transfers prior to application which would have initially
disqualified the person as provided in Section 3-1.3, shall,
under any of the following conditions, be deemed prima facie
fraudulent as to the Illinois Department.
(1.) Where the deed or assignment has not been recorded
or registered by the grantee, trustee, or assignee
(2.) When the deed or assignment, even though recorded
or registered, fails to state the consideration
(3.) When the consideration for the deed or assignment,
even though recorded or registered, is not paid
(4.) When the consideration for the deed or assignment,
even though recorded or registered, does not approximate the
fair, cash market value.
The Attorney General, upon request of the Illinois
Department, shall file suit to rescind any such transfer or
assignment of real property. Any aid furnished under this
Article, or under Articles V, VII, or VII-A of the 1949 Code
shall be recoverable in any such proceeding from such person
or from his estate.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
Sec. 4-1. Eligibility requirements. Financial aid in
meeting basic maintenance requirements for a livelihood
compatible with health and well-being shall be given under
this Article to or in behalf of families with dependent
children who meet the eligibility conditions of Sections
4-1.1 through 4-1.11. Persons who meet the eligibility
criteria authorized under this Article shall be treated
equally, provided that nothing in this Article shall be
construed to create an entitlement to a particular grant or
service level or to aid in amounts not authorized under this
Code, nor construed to limit the authority of the General
Assembly to change the eligibility requirements or provisions
respecting assistance amounts.
The Illinois Department shall advise every applicant for
and recipient of aid under this Article of (i) the
requirement that all recipients move toward self-sufficiency
and (ii) the value and benefits of employment. As a
condition of eligibility for that aid, every person who
applies for aid under this Article on or after the effective
date of this amendatory Act of 1995 shall prepare and submit,
as part of the application or subsequent redetermination, a
personal plan for achieving employment and self-sufficiency.
The plan shall incorporate the individualized assessment and
employability plan set out in subsections (d), (f), and (g)
of Section 9A-8. The plan may be amended as the recipient's
needs change. The assessment process to develop the plan
shall include questions that screen for domestic violence
issues and steps needed to address these issues may be part
of the plan. If the individual indicates that he or she is a
victim of domestic violence, he or she may also be referred
to an available domestic violence program. Failure of the
client to follow through on the personal plan for employment
and self-sufficiency may be a basis for sanction under
Section 4-21. The Illinois Department may implement this
paragraph through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure
Act. For purposes of the Illinois Administrative Procedure
Act, the adoption of rules to implement this paragraph shall
be considered an emergency and necessary for the public
interest, safety, and welfare.
The eligibility of persons who, on the effective date of
this Code, are receiving aid under Article VI of the 1949
Code, for aid under this Article, and the continuity of their
grants, shall not be affected by the enactment of this Code.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
(305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
Sec. 4-1.1. Child age eligibility.
(a) Every assistance unit must include a child, except
as provided in subsections (b) and (c). The child or
children must have already been born and be under age 18, or,
if age 18, must be a full-time student in a secondary school
or the equivalent level of vocational or technical training.
(b) Grants shall be provided for assistance units
consisting exclusively of a pregnant woman with no dependent
child, and may include her husband if living with her, if the
pregnancy has been determined by medical diagnosis, to the
extent that federal law permits and federal matching funds
are available.
(c) Grants may be provided for assistance units
consisting of only adults if all the children living with
those adults are disabled and receive Supplemental Security
Income.
(Source: P.A. 90-14, eff. 7-1-97; 90-17, eff. 7-1-97.)
(305 ILCS 5/4-1.2a) (from Ch. 23, par. 4-1.2a)
Sec. 4-1.2a. Residents of public institutions.
Residents of municipal, county, state or national
institutions for persons with mental illness or persons with
a developmental disability or for the tuberculous, or
residents of a home or other institution maintained by such
governmental bodies when not in need of institutional care
because of sickness, convalescence, infirmity, or chronic
illness, and inmates of penal or correctional institutions
maintained by such governmental bodies, may qualify for aid
under this Article only after they have ceased to be
residents or inmates., but they may apply in advance of their
discharge. Applications received from residents scheduled
for discharge from such institutions shall be processed by
the Department in an expeditious manner. For persons whose
applications are approved, the earliest date of eligibility
shall be the date of release from the institution.
A person shall not be deemed a resident of a State
institution for persons with mental illness or persons with a
developmental disability within the meaning of this Section
if he or she has been conditionally discharged by the
Department of Mental Health and Developmental Disabilities or
the Department of Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities)
and is no longer residing in the institution.
Recipients of benefits under this Article who become
residents of such institutions shall be permitted a period of
up to 30 days in such institutions without suspension or
termination of eligibility. Benefits for which such person is
eligible shall be restored, effective on the date of
discharge or release, for persons who are residents of
institutions. Within a reasonable time after the discharge of
a person who was a resident of an institution, the Department
shall redetermine the eligibility of such person.
The Department shall provide for procedures to expedite
the determination of incapacity or ability to engage in
employment of persons scheduled to be discharged from
facilities operated by the Department.
If federal law or regulations governing grants under this
Article permit the inclusion of persons who are residents of
institutions designated in this Section beyond the period
authorized herein, the Illinois Department, upon a
determination that the appropriations for public aid are
sufficient for such purpose, and upon approval of the
Governor, may provide by general and uniform rule for the
waiver of the provisions of this Section which would
otherwise disqualify such person for aid under this Article.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
(305 ILCS 5/4-1.2c)
Sec. 4-1.2c. Residence of child who is pregnant or a
parent.
(a) Notwithstanding any other provision of this Code, no
aid shall be paid under this Article on behalf of a person
under age 18 who has never married and who has a child or is
pregnant, unless that person resides with a parent, legal
guardian, or other adult relative or in a foster home,
maternity home, or other adult-supervised living arrangement.
(b) The Illinois Department may make an exception to the
requirement of subsection (a) as authorized under the federal
Family Support Act of 1988 or in any of the following
circumstances:
(1) The person has no living parent or legal
guardian, or the parent's or legal guardian's whereabouts
are unknown.
(2) The Illinois Department determines that the
physical health or safety of the person or the person's
child would be jeopardized.
(3) The person has lived apart from the parent or
legal guardian for a period of at least one year before
the child's birth or before applying for aid under this
Article.
(c) (Blank). The Illinois Department may implement this
Section through the use of emergency rules in accordance with
Section 5-45 of the Illinois Administrative Procedure Act.
For purposes of the Illinois Administrative Procedure Act,
the adoption of rules to implement this Section shall be
considered an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 89-6, eff. 3-6-95.)
(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
Sec. 4-1.6. Need. Income available to the family as
defined by the Illinois Department by rule, or to the child
in the case of a child removed from his or her home, when
added to contributions in money, substance or services from
other sources, including income available from parents absent
from the home or from a stepparent, contributions made for
the benefit of the parent or other persons necessary to
provide care and supervision to the child, and contributions
from legally responsible relatives, must be insufficient to
equal the grant amount established by Department regulation
for such a person.
In considering income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. The Illinois
Department may also, subject to such limitations as may be
prescribed by federal law or regulation, permit all or any
portion of earned or other income to be set aside for the
future identifiable needs of a child. If federal law or
regulations permit or require exemption of other income of
recipients, The Illinois Department may provide by rule and
regulation for the exemptions thus permitted or required.
The eligibility of any applicant for or recipient of public
aid under this Article is not affected by the payment of any
grant under the "Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act" or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act.
The Illinois Department may, by rule, set forth criteria
under which an assistance unit is ineligible for cash
assistance under this Article for a specified number of
months due to the receipt of a lump sum payment.
(Source: P.A. 90-17, eff. 7-1-97; 91-676, eff. 12-23-99.)
(305 ILCS 5/4-1.10) (from Ch. 23, par. 4-1.10)
Sec. 4-1.10. Acceptance of Assignment to Job Search,
Training and Work Programs. An individual for whom the job
search, training and work programs established under Article
IXA are applicable must accept assignment to such programs.
The Illinois Department shall seek a waiver of federal law
and regulations to operate a job search program, under which
every person determined eligible for aid under this Article
who has a high school education or its equivalent or a prior
work history as defined by rule and whose youngest child is
at least 5 years of age but less than 13 years of age shall
be required to participate in a job search program until
employment is secured or for 6 months after the date of
approval, whichever is less. This Section shall be operative
only to the extent that it does not conflict with the Federal
Social Security Act, or any other federal law or federal
regulation governing the receipt of federal grants for aid
provided under this Article. The Illinois Department and the
local governmental unit shall determine, pursuant to rules
and regulations, sanctions for persons failing to comply with
the requirements under this Section. However, no participant
shall be sanctioned for failure to satisfy job search
requirements before a full assessment of the participant's
job readiness and employability, except that for those
persons subject to the job search program operated under this
Section an assessment as defined by rule at the time of
intake will meet the assessment requirement. No participant
shall be sanctioned for failure to satisfy the minimum number
of employer contacts if the participant made a good faith
effort.
The Illinois Department may implement the changes made by
this amendatory Act of 1995 through the use of emergency
rules in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. For purposes of the Illinois
Administrative Procedure Act, the adoption of rules to
implement these changes shall be considered an emergency and
necessary for the public interest, safety, and welfare.
(Source: P.A. 89-6, eff. 3-6-95.)
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
Sec. 4-2. Amount of aid.
(a) The amount and nature of financial aid shall be
determined in accordance with the grant amounts, rules and
regulations of the Illinois Department. Due regard shall be
given to the self-sufficiency requirements of the family and
to the income, money contributions and other support and
resources available, from whatever source. Beginning July 1,
1992, the supplementary grants previously paid under this
Section shall no longer be paid. However, the amount and
nature of any financial aid is not affected by the payment of
any grant under the "Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act" or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The aid shall be sufficient, when
added to all other income, money contributions and support to
provide the family with a grant in the amount established by
Department regulation.
(b) The Illinois Department may conduct special
projects, which may be known as Grant Diversion Projects,
under which recipients of financial aid under this Article
are placed in jobs and their grants are diverted to the
employer who in turn makes payments to the recipients in the
form of salary or other employment benefits. The Illinois
Department shall by rule specify the terms and conditions of
such Grant Diversion Projects. Such projects shall take into
consideration and be coordinated with the programs
administered under the Illinois Emergency Employment
Development Act.
(c) The amount and nature of the financial aid for a
child requiring care outside his own home shall be determined
in accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements of
the child in the foster home or institution in which he has
been placed.
(d) If the Department establishes grants for family
units consisting exclusively of a pregnant woman with no
dependent child or including her husband if living with her,
the grant amount for such a unit shall be equal to the grant
amount for an assistance unit consisting of one adult, or 2
persons if the husband is included. Other than as herein
described, an unborn child shall not be counted in
determining the size of an assistance unit or for calculating
grants.
Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living shall be prescribed, by rule, by the Illinois
Department.
These grants may be increased in the following circumstances:
1. If the child is living with both parents or with
persons standing in the relationship of parents, and if
the grant is necessitated because of the unemployment or
insufficient earnings of the parent or parents and
neither parent is receiving benefits under "The
Unemployment Compensation Act", approved June 30, 1937,
as amended, the maximum may be increased by not more than
$25.
2. If a child is age 13 or over, the maximum may be
increased by not more than $15.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to the maximum payments established in
this Section.
Grants under this Article shall not be supplemented by
General Assistance provided under Article VI.
(e) Grants shall be paid to the parent or other person
with whom the child or children are living, except for such
amount as is paid in behalf of the child or his parent or
other relative to other persons or agencies pursuant to this
Code or the rules and regulations of the Illinois Department.
(f) An assistance unit, receiving financial aid under
this Article or temporarily ineligible to receive aid under
this Article under a penalty imposed by the Illinois
Department for failure to comply with the eligibility
requirements or that voluntarily requests termination of
financial assistance under this Article and becomes
subsequently eligible for assistance within 9 months, shall
not receive any increase in the amount of aid solely on
account of the birth of a child; except that an increase is
not prohibited when the birth is (i) of a child of a pregnant
woman who became eligible for aid under this Article during
the pregnancy, or (ii) of a child born within 10 months after
the date of implementation of this subsection, or (iii) of a
child conceived after a family became ineligible for
assistance due to income or marriage and at least 3 months of
ineligibility expired before any reapplication for
assistance. This subsection does not, however, prevent a
unit from receiving a general increase in the amount of aid
that is provided to all recipients of aid under this Article.
The Illinois Department is authorized to transfer funds,
and shall use any budgetary savings attributable to not
increasing the grants due to the births of additional
children, to supplement existing funding for employment and
training services for recipients of aid under this Article
IV. The Illinois Department shall target, to the extent the
supplemental funding allows, employment and training services
to the families who do not receive a grant increase after the
birth of a child. In addition, the Illinois Department shall
provide, to the extent the supplemental funding allows, such
families with up to 24 months of transitional child care
pursuant to Illinois Department rules. All remaining
supplemental funds shall be used for employment and training
services or transitional child care support.
In making the transfers authorized by this subsection,
the Illinois Department shall first determine, pursuant to
regulations adopted by the Illinois Department for this
purpose, the amount of savings attributable to not increasing
the grants due to the births of additional children.
Transfers may be made from General Revenue Fund
appropriations for distributive purposes authorized by
Article IV of this Code only to General Revenue Fund
appropriations for employability development services
including operating and administrative costs and related
distributive purposes under Article IXA of this Code. The
Director, with the approval of the Governor, shall certify
the amount and affected line item appropriations to the State
Comptroller.
The Illinois Department shall apply for all waivers of
federal law and regulations necessary to implement this
subsection; implementation of this subsection is contingent
on the Illinois Department receiving all necessary federal
waivers. The Illinois Department may implement this
subsection through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure
Act. For purposes of the Illinois Administrative Procedure
Act, the adoption of rules to implement this subsection shall
be considered an emergency and necessary for the public
interest, safety, and welfare.
Nothing in this subsection shall be construed to prohibit
the Illinois Department from using funds under this Article
IV to provide assistance in the form of vouchers that may be
used to pay for goods and services deemed by the Illinois
Department, by rule, as suitable for the care of the child
such as diapers, clothing, school supplies, and cribs.
(g) (Blank).
(h) Notwithstanding any other provision of this Code,
the Illinois Department is authorized to reduce payment
levels used to determine cash grants under this Article after
December 31 of any fiscal year if the Illinois Department
determines that the caseload upon which the appropriations
for the current fiscal year are based have increased by more
than 5% and the appropriation is not sufficient to ensure
that cash benefits under this Article do not exceed the
amounts appropriated for those cash benefits. Reductions in
payment levels may be accomplished by emergency rule under
Section 5-45 of the Illinois Administrative Procedure Act,
except that the limitation on the number of emergency rules
that may be adopted in a 24-month period shall not apply and
the provisions of Sections 5-115 and 5-125 of the Illinois
Administrative Procedure Act shall not apply. Increases in
payment levels shall be accomplished only in accordance with
Section 5-40 of the Illinois Administrative Procedure Act.
Before any rule to increase payment levels promulgated under
this Section shall become effective, a joint resolution
approving the rule must be adopted by a roll call vote by a
majority of the members elected to each chamber of the
General Assembly.
(Source: P.A. 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
90-655, eff. 7-30-98; 91-676, eff. 12-23-99.)
(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 school age grades 1 through 8, as
evidence of lack of proper and necessary support or care.
The Department may extend this consideration to children in
grades higher than 8.
The Illinois Department shall develop preventive programs
in collaboration with 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 8 are not
attending school regularly, as defined by the school. The
Department may extend these programs to families whose
children are in grades higher than 8. 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 school children
continue to regularly miss school shall be subject to
sanction under Section 4-21. 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 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 Section 2-25, 2-26,
3-26, 3-27, 4-23, 4-24, 5-730, or 5-735 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, has 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. 90-17, eff. 7-1-97; 90-249, eff. 1-1-98;
90-590, eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff.
7-29-99.)
(305 ILCS 5/4-17)
Sec. 4-17. Targeted jobs TANF Demonstration project:
employment.
(a) The Illinois Department shall seek a waiver of
federal law and regulations to allow the Illinois Department
to operate a targeted jobs TANF AFDC demonstration project
under which individuals whose youngest child is 13 years of
age or older shall be required to seek and accept employment.
Cash assistance for these individuals shall be limited to 24
months unless the individual is working, as defined by rule,
or is participating in a pay-after-performance program.
excluded from the work requirement based on criteria to be
established by rule. After 24 months of assistance without
work, the individual shall be ineligible for assistance for a
period of 24 months. An individual who does not cooperate
with the job search, education, or work requirements shall be
subject to sanctions to be defined by rule. The addition to
the household of a child under 13 years of age or the birth
of a child more than 10 months after enrollment into the
targeted jobs TANF project time-limited demonstration shall
not extend the period of eligibility.
(b) (Blank). Furthermore, the Illinois Department shall
seek an additional waiver of federal law and regulations
under which, for cases in this demonstration, an assistance
unit (other than an assistance unit consisting exclusively of
a pregnant woman with no child) receiving financial aid under
this Article, or a family unit that is temporarily ineligible
for aid under this Article under a sanction imposed by the
Illinois Department for failure to cooperate, shall not
receive, on account of the birth of a child, any increase in
the amount of that aid. This subsection does not, however,
prevent a unit from receiving a general increase in the
amount of aid that is provided to all recipients of aid under
this Article.
(c) (Blank). The Illinois Department shall report to the
General Assembly on or before January 1, 1996 as to the
status of the request for federal waivers and the status of
the proposed implementation of this demonstration project.
(Source: P.A. 89-6, eff. 3-6-95; 89-626, eff. 8-9-96.)
(305 ILCS 5/6-1) (from Ch. 23, par. 6-1)
Sec. 6-1. Eligibility requirements. Financial aid in
meeting basic maintenance requirements shall be given under
this Article to or in behalf of persons who meet the
eligibility conditions of Sections 6-1.1 through 6-1.10. In
addition, each unit of local government subject to this
Article shall provide persons receiving financial aid in
meeting basic maintenance requirements with financial aid for
either (a) necessary treatment, care, and supplies required
because of illness or disability, or (b) acute medical
treatment, care, and supplies only. If a local governmental
unit elects to provide financial aid for acute medical
treatment, care, and supplies only, the general types of
acute medical treatment, care, and supplies for which
financial aid is provided shall be specified in the general
assistance rules of the local governmental unit, which rules
shall provide that financial aid is provided, at a minimum,
for acute medical treatment, care, or supplies necessitated
by a medical condition for which prior approval or
authorization of medical treatment, care, or supplies is not
required by the general assistance rules of the Illinois
Department. Nothing in this Article shall be construed to
permit the granting of financial aid where the purpose of
such aid is to obtain an abortion, induced miscarriage or
induced premature birth unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable
child and such procedure is necessary for the health of the
mother or her unborn child.
Until August 1, 1969, children who require care outside
their own homes, where no other sources of funds or
insufficient funds are available to provide the necessary
care, are included among persons eligible for aid under this
Article. After July 31, 1969, the Department of Children and
Family Services shall have the responsibility of providing
child welfare services to such children, as provided in
Section 5 of "An Act creating the Department of Children and
Family Services, codifying its powers and duties, and
repealing certain Acts and Sections herein named", approved
June 4, 1963, as amended.
In cities, villages and incorporated towns of more than
500,000 population, the Illinois Department may establish a
separate program under this Article. The 2 programs shall be
differentiated, but the placement of persons under both
programs shall be based upon their ability or inability to
engage in employment in accordance with the rules and
regulations promulgated by the Illinois Department. In
establishing rules and regulations for determining whether a
person is able to engage in employment, the Illinois
Department may establish rules different than those set out
under Section 11-20. In determining need and the amount of
aid under Sections 6-1.2 and 6-2 for the 2 programs, the
Illinois Department may establish different standards for the
2 programs based upon the specific needs of the different
populations to be served by the 2 programs. The Illinois
Department may enter into contracts with entities to
establish work or training related projects under the program
established for persons determined to be able to engage in
employment.
(Source: P.A. 89-646, eff. 1-1-97.)
(305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
Sec. 6-1.2. Need. Income available to the person, when
added to contributions in money, substance, or services from
other sources, including contributions from legally
responsible relatives, must be insufficient to equal the
grant amount established by Department regulation (or by
local governmental unit in units which do not receive State
funds) for such a person.
In determining income to be taken into account:
(1) The first $75 of earned income in income
assistance units comprised exclusively of one adult
person shall be disregarded, and for not more than 3
months in any 12 consecutive months that portion of
earned income beyond the first $75 that is the difference
between the standard of assistance and the grant amount,
shall be disregarded.
(2) For income assistance units not comprised
exclusively of one adult person, when authorized by rules
and regulations of the Illinois Department, a portion of
earned income, not to exceed the first $25 a month plus
50% of the next $75, may be disregarded for the purpose
of stimulating and aiding rehabilitative effort and
self-support activity.
"Earned income" means money earned in self-employment or
wages, salary, or commission for personal services performed
as an employee. The eligibility of any applicant for or
recipient of public aid under this Article is not affected by
the payment of any grant under the "Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act", any refund or payment of the federal Earned
Income Tax Credit, or any distributions or items of income
described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.
If federal laws or regulations applicable to persons
receiving assistance under Articles III or IV of this Code
permit or require the exemption of earned income in excess of
the foregoing limitation on earned income exemptions or
permit or require the exemption of certain other income and
resources, the Illinois Department, may, by rule, authorize
comparable exemptions in determining need under this Section.
(Source: P.A. 90-457, eff. 1-1-98; 91-676, eff. 12-23-99.)
(305 ILCS 5/6-1.3a) (from Ch. 23, par. 6-1.3a)
Sec. 6-1.3a. Residents of public institutions.
Residents of municipal, county, state or national
institutions for persons with mental illness or persons with
a developmental disability or for the tuberculous, or
residents of a home or other institution maintained by such
governmental bodies when not in need of institutional care
because of sickness, convalescence, infirmity, or chronic
illness, and inmates of penal or correctional institutions
maintained by such governmental bodies, may qualify for aid
under this Article only after they have ceased to be
residents or inmates., but they may apply in advance of their
discharge. Applications received from residents scheduled for
discharge from such institutions shall be processed by the
Department in an expeditious manner. For persons whose
applications are approved, the earliest date of eligibility
shall be the date of release from the institution.
A person shall not be deemed a resident of a state
institution for persons with mental illness or persons with a
developmental disability within the meaning of this Section
if he has been conditionally discharged by the Department of
Mental Health and Developmental Disabilities or the
Department of Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities)
and is no longer residing in the institution.
Recipients of benefits under this Article who become
residents of such institutions shall be permitted a period of
up to 30 days in such institutions without suspension or
termination of eligibility. Benefits for which such person is
eligible shall be restored, effective on the date of
discharge or release, for persons who are residents of
institutions. Within a reasonable time after the discharge
of a person who was a resident of an institution, the
Department shall redetermine the eligibility of such person.
The Department shall provide for procedures to expedite
the determination of ability to engage in employment of
persons scheduled to be discharged from facilities operated
by the Department.
If federal law or regulations governing grants under this
Article permit the inclusion of persons who are residents of
institutions designated in this Section beyond the period
authorized herein, the Illinois Department, upon a
determination that the appropriations for public aid are
sufficient for such purpose, and upon approval of the
Governor, may provide by general and uniform rule for the
waiver of the provisions of this Section which would
otherwise disqualify such person for aid under this Article.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
Sec. 6-2. Amount of aid. The amount and nature of
General Assistance for basic maintenance requirements shall
be determined in accordance with local budget standards for
local governmental units which do not receive State funds.
For local governmental units which do receive State funds,
the amount and nature of General Assistance for basic
maintenance requirements shall be determined in accordance
with the standards, rules and regulations of the Illinois
Department. Beginning July 1, 1992, the supplementary grants
previously paid under this Section shall no longer be paid.
However, the amount and nature of any financial aid is not
affected by the payment of any grant under the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act or any distributions or items
of income described under subparagraph (X) of paragraph (2)
of subsection (a) of Section 203 of the Illinois Income Tax
Act. Due regard shall be given to the requirements and the
conditions existing in each case, and to the income, money
contributions and other support and resources available, from
whatever source. In local governmental units which do not
receive State funds, the grant shall be sufficient when added
to all other income, money contributions and support in
excess of any excluded income or resources, to provide the
person with a grant in the amount established for such a
person by the local governmental unit based upon standards
meeting basic maintenance requirements. In local
governmental units which do receive State funds, the grant
shall be sufficient when added to all other income, money
contributions and support in excess of any excluded income or
resources, to provide the person with a grant in the amount
established for such a person by Department regulation based
upon standards providing a livelihood compatible with health
and well-being, as directed by Section 12-4.11 of this Code.
The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in
turn makes payments to the recipients in the form of salary
or other employment benefits. The Illinois Department shall
by rule specify the terms and conditions of such Grant
Diversion Projects. Such projects shall take into
consideration and be coordinated with the programs
administered under the Illinois Emergency Employment
Development Act.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to such maximum payment.
Payments may also be made to provide persons receiving
basic maintenance support with necessary treatment, care and
supplies required because of illness or disability or with
acute medical treatment, care, and supplies. Payments for
necessary or acute medical care under this paragraph may be
made to or in behalf of the person. Obligations incurred for
such services but not paid for at the time of a recipient's
death may be paid, subject to the rules and regulations of
the Illinois Department, after the death of the recipient.
(Source: P.A. 90-372, eff. 7-1-98; 91-676, eff. 12-23-99.)
(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
Sec. 6-11. State funded General Assistance.
(a) Effective July 1, 1992, all State funded General
Assistance and related medical benefits shall be governed by
this Section. Other parts of this Code or other laws related
to General Assistance shall remain in effect to the extent
they do not conflict with the provisions of this Section. If
any other part of this Code or other laws of this State
conflict with the provisions of this Section, the provisions
of this Section shall control.
(b) State funded General Assistance shall consist of 2
separate programs. One program shall be for adults with no
children and shall be known as State Transitional Assistance.
The other program shall be for families with children and for
pregnant women and shall be known as State Family and
Children Assistance.
(c) (1) To be eligible for State Transitional Assistance
on or after July 1, 1992, an individual must be ineligible
for assistance under any other Article of this Code, must be
determined chronically needy, and must be one of the
following:
(A) age 18 or over or
(B) married and living with a spouse, regardless of
age.
(2) The Illinois Department or the local governmental
unit shall determine whether individuals are chronically
needy as follows:
(A) Individuals who have applied for Supplemental
Security Income (SSI) and are awaiting a decision on
eligibility for SSI who are determined disabled by the
Illinois Department using the SSI standard shall be
considered chronically needy, except that individuals
whose disability is based solely on substance addictions
(drug abuse and alcoholism) and whose disability would
cease were their addictions to end shall be eligible only
for medical assistance and shall not be eligible for cash
assistance under the State Transitional Assistance
program.
(B) If an individual has been denied SSI due to a
finding of "not disabled" (either at the Administrative
Law Judge level or above, or at a lower level if that
determination was not appealed), the Illinois Department
shall adopt that finding and the individual shall not be
eligible for State Transitional Assistance or any related
medical benefits. Such an individual may not be
determined disabled by the Illinois Department for a
period of 12 months, unless the individual shows that
there has been a substantial change in his or her medical
condition or that there has been a substantial change in
other factors, such as age or work experience, that might
change the determination of disability.
(C) The Illinois Department, by rule, may specify
other categories of individuals as chronically needy;
nothing in this Section, however, shall be deemed to
require the inclusion of any specific category other than
as specified in paragraphs (A) and (B).
(3) For individuals in State Transitional Assistance,
medical assistance shall be provided in an amount and nature
determined by the Illinois Department of Public Aid by rule.
The amount and nature of medical assistance provided need not
be the same as that provided under paragraph (4) of
subsection (d) of this Section, and nothing in this paragraph
(3) shall be construed to require the coverage of any
particular medical service. In addition, the amount and
nature of medical assistance provided may be different for
different categories of individuals determined chronically
needy.
(4) The Illinois Department shall determine, by rule,
those assistance recipients under Article VI who shall be
subject to employment, training, or education programs
including Earnfare, the content of those programs, and the
penalties for failure to cooperate in those programs.
(5) The Illinois Department shall, by rule, establish
further eligibility requirements, including but not limited
to residence, need, and the level of payments.
(d) (1) To be eligible for State Family and Children
Assistance, a family unit must be ineligible for assistance
under any other Article of this Code and must contain a child
who is:
(A) under age 18 or
(B) age 18 and a full-time student in a secondary
school or the equivalent level of vocational or technical
training, and who may reasonably be expected to complete
the program before reaching age 19.
Those children shall be eligible for State Family and
Children Assistance.
(2) The natural or adoptive parents of the child living
in the same household may be eligible for State Family and
Children Assistance.
(3) A pregnant woman whose pregnancy has been verified
shall be eligible for income maintenance assistance under the
State Family and Children Assistance program.
(4) The amount and nature of medical assistance provided
under the State Family and Children Assistance program shall
be determined by the Illinois Department of Public Aid by
rule. The amount and nature of medical assistance provided
need not be the same as that provided under paragraph (3) of
subsection (c) of this Section, and nothing in this paragraph
(4) shall be construed to require the coverage of any
particular medical service.
(5) The Illinois Department shall, by rule, establish
further eligibility requirements, including but not limited
to residence, need, and the level of payments.
(e) A local governmental unit that chooses to
participate in a General Assistance program under this
Section shall provide funding in accordance with Section
12-21.13 12-21.3 of this Act. Local governmental funds used
to qualify for State funding may only be expended for clients
eligible for assistance under this Section 6-11 and related
administrative expenses.
(f) In order to qualify for State funding under this
Section, a local governmental unit shall be subject to the
supervision and the rules and regulations of the Illinois
Department.
(g) Notwithstanding any other provision in this Code,
the Illinois Department is authorized to reduce payment
levels used to determine cash grants provided to recipients
of State Transitional Assistance at any time within a Fiscal
Year in order to ensure that cash benefits for State
Transitional Assistance do not exceed the amounts
appropriated for those cash benefits. Changes in payment
levels may be accomplished by emergency rule under Section
5-45 of the Illinois Administrative Procedure Act, except
that the limitation on the number of emergency rules that may
be adopted in a 24-month period shall not apply and the
provisions of Sections 5-115 and 5-125 of the Illinois
Administrative Procedure Act shall not apply. This provision
shall also be applicable to any reduction in payment levels
made upon implementation of this amendatory Act of 1995.
(Source: P.A. 88-45; 89-21, eff. 7-1-95; 89-507, eff.
7-1-97.)
(305 ILCS 5/9-1) (from Ch. 23, par. 9-1)
Sec. 9-1. Declaration of Purpose. It is the purpose of
this Article to aid applicants for and recipients of public
aid under Articles III, IV, V, and VI and VII, to increase
their capacities for self-support, self-care, and responsible
citizenship, and to assist them in maintaining and
strengthening family life. If authorized pursuant to Section
9-8, this Article may be extended to former and potential
recipients and to persons whose income does not exceed the
standard established to determine eligibility for aid as a
medically indigent person under Article V. The Department,
with the written consent of the Governor, may also:
(a) extend this Article to individuals and their
families with income closely related to national indices of
poverty who have special needs resulting from
institutionalization of a family member or conditions that
may lead to institutionalization or who live in impoverished
areas or in facilities developed to serve persons of low
income;
(b) establish, where indicated, schedules of payment for
service provided based on ability to pay;
(c) provide for the coordinated delivery of the services
described in this Article and related services offered by
other public or private agencies or institutions, and
cooperate with the Illinois Department on Aging to enable it
to properly execute and fulfill its duties pursuant to the
provisions of Section 4.01 of the "Illinois Act on the
Aging", as now or hereafter amended;
(d) provide in-home care services, such as chore and
housekeeping services or homemaker services, to recipients of
public aid under Articles IV and VI, the scope and
eligibility criteria for such services to be determined by
rule; and
(e) contract with other State agencies for the purchase
of social service under Title XX of the Social Security Act,
such services to be provided pursuant to such other agencies'
enabling legislation.
(f) cooperate with the Illinois Department of Public Aid
to provide services to public aid recipients for the
treatment and prevention of alcoholism and substance abuse.
(Source: P.A. 89-507, eff. 7-1-97.)
(305 ILCS 5/9-5) (from Ch. 23, par. 9-5)
Sec. 9-5. Educational programs; vocational training and
retraining. The Illinois Department, the County Departments,
and local governmental units shall cooperate with all public
or private education and vocational training or retraining
agencies or facilities operating within this State, or making
their services available to residents of this State, to the
end that there may be developed all necessary education and
vocational training or retraining services and facilities
required to improve the skills of persons receiving aid under
Articles III, V, and VI, and VII for whom jobs are not
immediately available, or which will provide education,
training, and experience for persons who lack the skills
required for employment opportunities as are or may become
available. The education, training, or retraining services
and facilities shall assure that persons receiving this
assistance who are subject to participation shall become
enrolled in, and attend, programs that will lead to
graduation from high school or the equivalent when the
Illinois Department determines these programs will be
beneficial to the person in obtaining employment.
Participants in any educational or vocational training
program shall be provided with an extra allowance towards the
costs of their participation.
(Source: P.A. 86-1184; 86-1381; 87-528.)
(305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
Sec. 9-6. Job Search, Training and Work Programs. The
Illinois Department and local governmental units shall
initiate, promote and develop job search, training and work
programs which will provide employment for and contribute to
the training and experience of persons receiving aid under
Articles III, V, and VI, and VII.
The job search, training and work programs shall be
designed to preserve and improve the work habits and skills
of recipients for whom jobs are not otherwise immediately
available and to provide training and experience for
recipients who lack the skills required for such employment
opportunities as are or may become available. The Illinois
Department and local governmental unit shall determine by
rule those classes of recipients who shall be subject to
participation in such programs. If made subject to
participation, every applicant for or recipient of public aid
who is determined to be "able to engage in employment", as
defined by the Department or local governmental unit pursuant
to rules and regulations, for whom unsubsidized jobs are not
otherwise immediately available shall be required to
participate in any program established under this Section.
The Illinois Department shall establish with the Director
of Central Management Services an outreach and training
program designed to encourage and assist recipients
participating in job search, training and work programs to
participate in open competitive examinations for trainee and
other entry level positions to maximize opportunities for
placement on open competitive eligible listings and referral
to State agencies for employment consideration.
The Department shall provide payment for transportation,
day-care and Workers' Compensation costs which occur for
recipients as a result of participating in job search,
training and work programs as described in this Section. The
Department may decline to initiate such programs in areas
where eligible recipients would be so few in number as to not
economically justify such programs; and in this event the
Department shall not require persons in such areas to
participate in any job search, training, or work programs
whatsoever as a condition of their continued receipt of, or
application for, aid.
The programs may include, but shall not be limited to,
service in child care centers, in preschool programs as
teacher aides and in public health programs as home visitors
and health aides; the maintenance of or services required in
connection with public offices, buildings and grounds; state,
county and municipal hospitals, forest preserves, parks,
playgrounds, streets and highways, and other governmental
maintenance or construction directed toward environmental
improvement; and similar facilities.
The Illinois Department or local governmental units may
enter into agreements with local taxing bodies and private
not-for-profit organizations, agencies and institutions to
provide for the supervision and administration of job search,
work and training projects authorized by this Section. Such
agreements shall stipulate the requirements for utilization
of recipients in such projects. In addition to any other
requirements dealing with the administration of these
programs, the Department shall assure, pursuant to rules and
regulations, that:
(a) Recipients may not displace regular employees.
(b) The maximum number of hours of mandatory work
is 8 hours per day and 40 hours per week, not to exceed
120 hours per month.
(c) The maximum number of hours per month shall be
determined by dividing the recipient's benefits by the
federal minimum wage, rounded to the lowest full hour.
"Recipient's benefits" in this subsection includes: (i)
both cash assistance and food stamps provided to the
entire assistance unit or household by the Illinois
Department where the job search, work and training
program is administered by the Illinois Department and,
where federal programs are involved, includes all such
cash assistance and food stamps provided to the greatest
extent allowed by federal law; or (ii) includes only cash
assistance provided to the entire assistance unit by the
local governmental unit where the job search, work and
training program is administered by the local
governmental unit.
(d) The recipient shall be provided or compensated
for transportation to and from the work location.
(e) Appropriate terms regarding recipient
compensation are met.
Local taxing bodies and private not-for-profit
organizations, agencies and institutions which utilize
recipients in job search, work and training projects
authorized by this Section are urged to include such
recipients in the formulation of their employment policies.
Unless directly paid by an employing local taxing body or
not-for-profit agency, a recipient participating in a work
project who meets all requirements set forth by the Illinois
Department shall receive credit towards his or her monthly
assistance benefits for work performed based upon the
applicable minimum wage rate. Where a recipient is paid
directly by an employing agency, the Illinois Department or
local governmental unit shall provide for payment to such
employing entity the appropriate amount of assistance
benefits to which the recipient would otherwise be entitled
under this Code.
The Illinois Department or its designee, including local
governmental units, may enter into agreements with the
agencies or institutions providing work under programs
established hereunder for payment to each such employer
(hereinafter called "public service employer") of all or a
portion of the wages to be paid to persons for the work
performed and other appropriate costs.
If the number of persons receiving aid under Article VI
is insufficient to justify the establishment of job search,
training and work programs on a local basis by a local
governmental unit, or if for other good cause the
establishment of a local program is impractical or
unwarranted, the local governmental unit shall cooperate with
other local governmental units, with civic and non-profit
community agencies, and with the Illinois Department in
developing a program or programs which will jointly serve the
participating governmental units and agencies.
Wherever feasible the Illinois Department may make job
search, training and work programs established by it for
persons receiving aid under Articles III, V and VII available
also to recipients under Article VI.
A local governmental unit receiving State funds shall
refer all recipients able to engage in employment to such job
search, training and work programs as are established,
whether within or without the governmental unit, and as are
accessible to persons receiving aid from the governmental
unit. The Illinois Department shall withhold allocation of
state funds to any governmental unit which fails or refuses
to make such referrals.
Participants in job search, training and work programs
shall be required to maintain current registration for
regular employment under Section 11-10 and to accept any bona
fide offer of regular employment. They shall likewise be
required to accept education, work and training opportunities
available to them under other provisions of this Code or
Federal law. The Illinois Department or local governmental
unit shall provide by rule for periodic review of the
circumstances of each participant to determine the
feasibility of his placement in regular employment or other
work, education and training opportunities.
Moneys made available for public aid purposes under
Articles III, IV and, V, VI, and VII may be expended to pay
public service employers all or a portion of the wages of
public service employees and other appropriate costs, to
provide necessary supervisory personnel and equipment, to
purchase Workers' Compensation Insurance or to pay Workers'
Compensation claims, and to provide transportation to and
from work sites.
The Department shall provide through rules and
regulations for sanctions against applicants and recipients
of aid under this Code who fail to cooperate with the
regulations and requirements established pursuant to this
Section. Such sanctions may include the loss of eligibility
to receive aid under Article VI of this Code for up to 3
months.
The Department, in cooperation with a local governmental
unit, may maintain a roster of persons who are required to
participate in a local job search, training and work program.
In such cases, the roster shall be available for inspection
by employers for the selection of possible workers.
In addition to the programs authorized by this Section,
the Illinois Department is authorized to administer any job
search, training or work projects in conjunction with the
Federal Food Stamp Program, either under this Section or
under other regulations required by the Federal government.
The Illinois Department may also administer pilot
programs to provide job search, training and work programs to
unemployed parents of children receiving support services
under Article X of this Code.
Beginning January 1, 1994, the Illinois Department shall
conduct an ongoing longitudinal study of the Department's
JOBS programs operated under the federal Family Support Act
and the Social Security Act. The study shall examine the
impact of the JOBS programs and supportive services upon the
participants' level of self-sufficiency, skills, earnings,
and welfare dependency in the short and long term. In
conducting this study, the Department shall utilize the data
collected by the Department to fulfill its responsibilities
under Section 9-6.01 of this Code and under 42 U.S.C. Sec.
687 and their implementing regulations, in addition to data
from the case files of the participants in the study. The
Department shall select a statistically valid random sample
of cases in its JOBS program and follow these cases from the
date of their initial enrollment in one of the JOBS programs
to the date on which they have not received cash assistance
under Article IV of this Code for at least 24 consecutive
months. To the extent that information or data necessary to
fulfill the requirements of this Section is available to or
in the possession or control of other State agencies, those
agencies, at the request of the Department, shall collect the
requested data or information and forward it to the
Department. The Department shall consult with the Social
Services Advisory Council in arriving at the specific
elements of the longitudinal study, the particular data to be
included in the study, and the contents of the reports that
the Department shall prepare based upon the study. The
Department shall collect at least the following categories of
data from the cases in the study sample: demographics,
employment history, welfare history, JOBS participation
history, child care and other supportive service utilization
history, child support status and child support enforcement
history, and Medicaid usage history. The Department shall
report the results of the study to the General Assembly on or
before January 1, 1997 and each year thereafter along with
recommendations for changes in the JOBS programs' structure
or funding based on the study's findings. The Department
shall create a data base that includes all of the information
collected for the study. The data base shall be available to
the public upon request. The Department may assign
individual identifying codes to the cases in the study sample
to preserve the anonymity of the recipients while making it
possible to distinguish and track the cases.
(Source: P.A. 88-396.)
(305 ILCS 5/9-6.1) (from Ch. 23, par. 9-6.1)
Sec. 9-6.1. Housing Education Program. The Illinois
Department, upon consultation with and advice of the Citizens
Assembly/Council on Public Aid, shall establish, either
directly or by contract, a pilot project for a housing
education program that will provide persons receiving aid
under Articles III, IV, V, and VI and VII with instructions
in the care and maintenance of dwelling units, in the
essentials of adequate housekeeping, and the problems of
urban living. If in accord with Federal law and regulations
governing grants to this State for public aid purposes, the
Department may require recipients to attend a housing
education program. Non-recipients to whom services have been
extended under the provisions of Section 9-8 may also attend
and participate in a housing education program established
hereunder.
(Source: P.A. 86-651.)
(305 ILCS 5/9-6.2) (from Ch. 23, par. 9-6.2)
Sec. 9-6.2. Township assistance to county convalescent
homes. In counties under township organization, the several
townships therein which do not receive State funds for
general assistance or aid to the medically indigent under
Article VII of this Code may provide, from moneys received
and collected for public aid to all persons eligible
therefor under Article VI of this Code, funds for the
operation costs of any county convalescent home in the
county, in addition to payment of patient expenses otherwise
provided for under this Code. No township which receives
State funds for general assistance or aid to the medically
indigent under Article VII of this Code may use moneys
received and collected for public aid for such assistance to
county convalescent homes. "County convalescent home" shall
refer to any facility that was established by a county
according to the provisions of Division 5-21 of the Counties
Code or its predecessor.
(Source: P.A. 86-1475.)
(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
Sec. 9A-3. Establishment of Program and Level of
Services.
(a) The Illinois Department shall establish and maintain
a program to provide recipients with services consistent with
the purposes and provisions of this Article. The program
offered in different counties of the State may vary depending
on the resources available to the State to provide a program
under this Article, and no program may be offered in some
counties, depending on the resources available. Services may
be provided directly by the Illinois Department or through
contract, as allowed by federal law. References to the
Illinois Department or staff of the Illinois Department shall
include contractors when the Illinois Department has entered
into contracts for these purposes. The Illinois Department
shall provide each recipient who participates with such
services available under the program as are necessary to
achieve his employability plan as specified in the plan.
(b) The Illinois Department, in operating the program,
shall cooperate with public and private education and
vocational training or retraining agencies or facilities, the
Illinois State Board of Education, the Illinois Community
College Board, the Departments of Employment Security and
Commerce and Community Affairs or other sponsoring
organizations funded under the federal Job Training
Partnership Act and other public or licensed private
employment agencies.
(Source: P.A. 90-17, eff. 7-1-97.)
(305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
Sec. 9A-5. Exempt recipients.
(a) Exempt recipients under Section 9A-4 may volunteer
to participate.
(b) Services will be offered to exempt and non-exempt
individuals who wish to volunteer to participate only to the
extent resources permit.
(c) Exempt and non-exempt individuals who volunteer to
participate become program participants upon completion of
the initial assessment, development of the employability
plan, and assignment to a component. Volunteers who fail to
attend the orientation or initial assessment meetings or both
will not be sanctioned. Exempt and non-exempt individuals
who attend the orientation meeting and become program
participants by completing the initial assessment,
development of the employability plan, and assignment to a
component may be sanctioned if they do not meet program
requirements without good cause. The Illinois Department may
implement this amendatory Act of 1995 through the use of
emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of rules
to implement this amendatory Act of 1995 shall be considered
an emergency and necessary for the public interest, safety
and welfare.
(Source: P.A. 89-289, eff. 1-1-96.)
(305 ILCS 5/9A-13)
Sec. 9A-13. Work activity; anti-displacement provisions.
(a) As used in this Section "work activity" means any
workfare, earnfare, pay-after-performance,
work-off-the-grant, work experience, or other activity under
Section Sections 9A-9, 9A-12, or any other Section of this
Code in which a recipient of public assistance performs work
for any employer as a condition of receiving the public
assistance, and the employer does not pay wages for the work;
or as any grant diversion, wage supplementation, or similar
program in which the public assistance grant is provided to
the employer as a subsidy for the wages of any recipient in
its workforce.
(b) An employer may not utilize a work activity
participant if such utilization would result in:
(1) the displacement or partial displacement of
current employees, including but not limited to a
reduction in hours of non-overtime or overtime work,
wages, or employment benefits; or
(2) the filling of a position that would otherwise
be a promotional opportunity for current employees; or
(3) the filling of a position created by or causing
termination, layoff, a hiring freeze, or a reduction in
the workforce; or
(4) the placement of a participant in any
established unfilled vacancy; or
(5) the performance of work by a participant if
there is a strike, lockout, or other labor dispute in
which the employer is engaged.
(c) An employer who wishes to utilize work activity
participants shall, at least 15 days prior to utilizing such
participants, notify the labor organization of the name, work
location, and the duties to be performed by the participant.
(d) The Department of Human Services shall establish a
grievance procedure for employees and labor organizations to
utilize in the event of any alleged violation of this
Section. Notwithstanding the above, a labor organization may
utilize the established grievance or arbitration procedure in
its collective bargaining agreement to contest violations of
this Section.
(Source: P.A. 90-17, eff. 7-1-97.)
(305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
Sec. 11-3. Assignment and attachment of aid prohibited.
Except as provided below in this Section and in Section
11-3.3, all financial aid given under Articles III, IV, V,
and VI and VII and money payments for child care services
provided by a child care provider under Articles IX and IXA
shall not be subject to assignment, sale, attachment,
garnishment, or otherwise. Provided, however, that a medical
vendor may use his right to receive vendor payments as
collateral for loans from financial institutions so long as
such arrangements do not constitute any activity prohibited
under Section 1902(a)(32) of the Social Security Act and
regulations promulgated thereunder, or any other applicable
laws or regulations. Provided further, however, that a
medical or other vendor or a service provider may assign,
reassign, sell, pledge or grant a security interest in any
such financial aid, vendor payments or money payments or
grants which he has a right to receive to the Illinois Health
Facilities Authority, in connection with any financing
program undertaken by the Illinois Health Facilities
Authority, or to the Illinois Development Finance Authority,
in connection with any financing program undertaken by the
Illinois Development Finance Authority. Each Authority may
utilize a trustee or agent to accept, accomplish, effectuate
or realize upon any such assignment, reassignment, sale,
pledge or grant on that Authority's behalf. Provided further,
however, that nothing herein shall prevent the Illinois
Department from collecting any assessment, fee, interest or
penalty due under Article V-A, V-B, V-C, or V-E by
withholding financial aid as payment of such assessment, fee,
interest, or penalty. Any alienation in contravention of this
statute does not diminish and does not affect the validity,
legality or enforceability of any underlying obligations for
which such alienation may have been made as collateral
between the parties to the alienation. This amendatory Act
shall be retroactive in application and shall pertain to
obligations existing prior to its enactment.
(Source: P.A. 87-13; 87-842; 87-861; 88-88; 88-554, eff.
7-26-94.)
(305 ILCS 5/11-6.1) (from Ch. 23, par. 11-6.1)
Sec. 11-6.1. Identification card; Report of loss.
(a) (Blank). The Illinois Department shall issue an
identification card to every payee of a grant under this
Code.
(b) (Blank). Within 180 days after the effective date of
this amendatory Act of 1990, the Illinois Department shall
establish a program which provides for the electronic
transfer of funds to participating financial institutions.
The program shall provide for the safe, secure and convenient
redemption of benefits by any person entitled to receive
benefits under this Code.
(c) The payee of a grant under this Code shall
immediately report to the Illinois Department the theft or
other loss of any instrument used in making a grant payment.
(Source: P.A. 86-1235.)
(305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
Sec. 11-8. Appeals - to whom taken. Applicants or
recipients of aid may, at any time within 60 days after the
decision of the County Department or local governmental unit,
as the case may be, appeal a decision denying or terminating
aid, or granting aid in an amount which is deemed inadequate,
or changing, cancelling, revoking or suspending grants as
provided in Section 11-16, or determining to make a
protective payment under the provisions of Sections 3-5a or
4-9, or a decision by an administrative review board to
impose administrative safeguards as provided in Section 8A-8.
An appeal shall also lie when an application is not acted
upon within the time period after filing of the application
as provided by rule of the Illinois Department.
If an appeal is not made, the action of the County
Department or local governmental unit shall be final.
Appeals by applicants or recipients under Articles III,
IV, or V or VII shall be taken to the Illinois Department.
Appeals by applicants or recipients under Article VI
shall be taken as follows:
(1) In counties under township organization (except
such counties in which the governing authority is a Board
of Commissioners) appeals shall be to a Public Aid
Committee consisting of the Chairman of the County Board,
and 4 members who are township supervisors of general
assistance, appointed by the Chairman, with the advice
and consent of the county board.
(2) In counties in excess of 3,000,000 population
and under township organization in which the governing
authority is a Board of Commissioners, appeals of persons
from government units outside the corporate limits of a
city, village or incorporated town of more than 500,000
population, and of persons from incorporated towns which
have superseded civil townships in respect to aid under
Article VI, shall be to the Cook County Townships Public
Aid Committee consisting of 2 township supervisors and 3
persons knowledgeable in the area of General Assistance
and the regulations of the Illinois Department pertaining
thereto and who are not officers, agents or employees of
any township, except that township supervisors may serve
as members of the Cook County Township Public Aid and
Committee. The 5 member committee shall be appointed by
the township supervisors. The first appointments shall be
made with one person serving a one year term, 2 persons
serving a 2 year term, and 2 persons serving a 3 year
term. Committee members shall thereafter serve 3 year
terms. In any appeal involving a local governmental unit
whose supervisor of general assistance is a member of the
Committee, such supervisor shall not act as a member of
the Committee for the purposes of such appeal. The
township whose action, inaction, or decision is being
appealed shall bear the expenses related to the appeal as
determined by the Cook County Townships Public Aid
Committee. A township supervisor's compensation for
general assistance or township related duties shall not
be considered an expense related to the appeal except for
expenses related to service on the Committee.
(3) In counties described in paragraph (2) appeals
of persons from a city, village or incorporated town of
more than 500,000 population shall be to the Illinois
Department a Commissioner of Appeals, appointed as an
employee of the County Department of Public Aid in
accordance with and subject to the provisions of Section
12-21.3.
(4) In counties not under township organization,
appeals shall be to the County Board of Commissioners
which shall for this purpose be the Public Aid Committee
of the County.
In counties designated in paragraph (1) the Chairman or
President of the County Board shall appoint, with the advice
and consent of the county board, one or more alternate
members of the Public Aid Committee. All regular and
alternate members shall be Supervisors of General Assistance.
In any appeal involving a local governmental unit whose
Supervisor of General Assistance is a member of the
Committee, he shall be replaced for that appeal by an
alternate member designated by the Chairman or President of
the County Board, with the advice and consent of the county
board. In these counties not more than 3 of the 5 regular
appointees shall be members of the same political party
unless the political composition of the Supervisors of the
General Assistance precludes such a limitation. In these
counties at least one member of the Public Aid Committee
shall be a person knowledgeable in the area of general
assistance and the regulations of the Illinois Department
pertaining thereto. If no member of the Committee possesses
such knowledge, the Illinois Department shall designate an
employee of the Illinois Department having such knowledge to
be present at the Committee hearings to advise the Committee.
In every county the County Board shall provide facilities
for the conduct of hearings on appeals under Article VI. All
expenses incident to such hearings shall be borne by the
county except that in counties under township organization in
which the governing authority is a Board of Commissioners (1)
the salary and other expenses of the Commissioner of Appeals
shall be paid from General Assistance funds available for
administrative purposes, and (2) all expenses incident to
such hearings shall be borne by the township and the per diem
and traveling expenses of the township supervisors serving on
the Public Aid Committee shall be fixed and paid by their
respective townships. In all other counties the members of
the Public Aid Committee shall receive the compensation and
expenses provided by law for attendance at meetings of the
County Board.
In appeals under Article VI involving a governmental unit
receiving State funds, the Public Aid Committee and the
Commissioner of Appeals shall be bound by the rules and
regulations of the Illinois Department which are relevant to
the issues on appeal, and shall file such reports concerning
appeals as the Illinois Department requests.
An appeal shall be without cost to the appellant and
shall be made, at the option of the appellant, either upon
forms provided and prescribed by the Illinois Department or,
for appeals to a Public Aid Committee, upon forms prescribed
by the County Board; or an appeal may be made by calling a
toll-free number provided for that purpose by the Illinois
Department and providing the necessary information. The
Illinois Department may assist County Boards or a
Commissioner of Appeals in the preparation of appeal forms,
or upon request of a County Board or Commissioner of Appeals
may furnish such forms. County Departments and local
governmental units shall render all possible aid to persons
desiring to make an appeal. The provisions of Sections
11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
(Source: P.A. 90-17, eff. 7-1-97; 90-210, eff. 7-25-97;
90-655, eff. 7-30-98.)
(305 ILCS 5/11-8.7) (from Ch. 23, par. 11-8.7)
Sec. 11-8.7. Judicial review. The provisions of the
Administrative Review Law, as amended, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of final administrative decisions of
the Illinois Department on appeals by applicants or
recipients under Articles III, IV, or V or VII. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(Source: P.A. 82-783.)
(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
Sec. 11-9. Protection of records - Exceptions. For the
protection of applicants and recipients, the Illinois
Department, the county departments and local governmental
units and their respective officers and employees are
prohibited, except as hereinafter provided, from disclosing
the contents of any records, files, papers and
communications, except for purposes directly connected with
the administration of public aid under this Code.
In any judicial proceeding, except a proceeding directly
concerned with the administration of programs provided for in
this Code, such records, files, papers and communications,
and their contents shall be deemed privileged communications
and shall be disclosed only upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
The Illinois Department shall establish and enforce
reasonable rules and regulations governing the custody, use
and preservation of the records, papers, files, and
communications of the Illinois Department, the county
departments and local governmental units receiving State or
Federal funds or aid. The governing body of other local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
The contents of case files pertaining to recipients under
Articles IV, V, and VI, and VII shall be made available
without subpoena or formal notice to the officers of any
court, to all law enforcing agencies, and to such other
persons or agencies as from time to time may be authorized by
any court. In particular, the contents of those case files
shall be made available upon request to a law enforcement
agency for the purpose of determining the current address of
a recipient with respect to whom an arrest warrant is
outstanding. Information shall also be disclosed to the
Illinois State Scholarship Commission pursuant to an
investigation or audit by the Illinois State Scholarship
Commission of a delinquent student loan or monetary award.
This Section does not prevent the Illinois Department and
local governmental units from reporting to appropriate law
enforcement officials the desertion or abandonment by a
parent of a child, as a result of which financial aid has
been necessitated under Articles IV, V, or VI, or VII, or
reporting to appropriate law enforcement officials instances
in which a mother under age 18 has a child out of wedlock and
is an applicant for or recipient of aid under any Article of
this Code. The Illinois Department may provide by rule for
the county departments and local governmental units to
initiate proceedings under the Juvenile Court Act of 1987 to
have children declared to be neglected when they deem such
action necessary to protect the children from immoral
influences present in their home or surroundings.
This Section does not preclude the full exercise of the
powers of the Board of Public Aid Commissioners to inspect
records and documents, as provided for all advisory boards
pursuant to Section 5-505 of the Departments of State
Government Law (20 ILCS 5/5-505).
This Section does not preclude exchanges of information
among the Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department of Public
Aid), and the Illinois Department of Revenue for the purpose
of verifying sources and amounts of income and for other
purposes directly connected with the administration of this
Code and of the Illinois Income Tax Act.
The provisions of this Section and of Section 11-11 as
they apply to applicants and recipients of public aid under
Article Articles III, IV and V shall be operative only to the
extent that they do not conflict with any Federal law or
regulation governing Federal grants to this State for such
programs.
The Illinois Department of Public Aid and the Department
of Human Services (as successor to the Illinois Department of
Public Aid) shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the Department of Children
and Family Services may have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental health, or any other
medical records) of the Illinois Department, county
departments, and local governmental units receiving State or
federal funds or aid, if the Department of Children and
Family Services determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children
and Family Services Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-00;
91-239, eff. 1-1-00.)
(305 ILCS 5/11-15) (from Ch. 23, par. 11-15)
Sec. 11-15. Application requirements.
(1) An application for financial aid shall be filed in
writing by the person requesting aid and, in the case of a
request for family aid, by the head of that family, except as
otherwise permitted in paragraph (2). Applications for aid
under Articles III, IV, and V and VII shall be filed in
writing with the county department of the county in which the
applicant resides in the manner prescribed by the Illinois
Department. Applications for aid under Article VI shall be
filed in writing with the local governmental unit upon forms
approved by the Illinois Department.
Each applicant shall provide information as to the amount
of property, real and personal, owned by him or her within
the period of time preceding the application as required
under Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The
applicant shall also furnish information concerning all
income, money contributions, and other support from any
source, and the beneficiary and the amount or cash surrender
or loan value of all insurance policies held by himself or
herself or any member of his family for whom aid is
requested.
(2) An application, in all instances to be in writing,
may be filed in behalf of a person considered to be in need
of financial aid under Articles III, IV, V, or VI or VII only
if the person
(a) has been adjudged to be under legal disability;
or
(b) is unable because of minority or physical or
mental disability, to execute the application; or
(c) in the case of need for funeral and burial,
died before an application was filed and the application
is filed not more than 30 days after the person's death,
excluding the day on which the death occurred.
Applications in behalf of persons specified in (a) and
(b) shall be filed by the applicant's legal guardian or, if a
guardian has not been appointed or the applicant has no legal
guardian or the guardian is not available, by a relative or
other person, acceptable under the rules of the Illinois
Department, who is able to furnish the required information.
Applications in behalf of persons specified in (c) shall be
filed by any next of kin of the deceased who is not under
legal disability or, if there are no such next of kin or they
are unknown or unavailable, by a person, acceptable under the
rules of the Illinois Department, who is able to furnish the
required information.
(3) The application shall contain a written declaration
to be signed by the applicant, or in behalf of the applicant
by a person qualified under paragraph (2), in substantially
the following form, the parenthetical references being
applicable to an application filed by a person in behalf of
the applicant:
"I declare under penalties of perjury that I have
examined this form and all accompanying statements or
documents pertaining to the income and resources of myself
(the applicant) or any member of my family (the applicant's
family) included in this application for aid, or pertaining
to any other matter having bearing upon my (the applicant's)
eligibility for aid, and to the best of my knowledge and
belief the information supplied is true, correct, and
complete".
(4) If an application for financial aid is filed for a
family, and any person in that family is under 18 years of
age, the application shall be accompanied by the following
for each such person under 18 years of age:
(i) a copy of the person's birth certificate, or
(ii) other reliable proof, as determined by the
Department, of the person's identity and age.
The Illinois Department shall provide information to all
families, orally by an intake worker and in writing when the
application is filed, about the availability and location of
immunization services.
(Source: P.A. 88-342; 88-554, eff. 7-26-94.)
(305 ILCS 5/11-17) (from Ch. 23, par. 11-17)
Sec. 11-17. Duplication or supplementation of aid
prohibited-Exceptions.
Except (1) for Medical Assistance provided under Article
V, or (2) when necessary to accomplish the purposes of this
Code, where not inconsistent therewith, and subject to the
rules of the Illinois Department, a person receiving aid
under any one of Articles III, IV, or VI or VII of this Code
shall not at the same time receive aid under any other of
such Articles or any other financial aid from the State, any
political subdivision thereof, or any municipal corporation
therein.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
Sec. 11-20. Employment registration; duty to accept
employment. This Section applies to employment and training
programs other than those for recipients of assistance under
Article IV.
(1) Each applicant or recipient and dependent member of
the family age 16 or over who is able to engage in employment
and who is unemployed, or employed for less than the full
working time for the occupation in which he or she is
engaged, shall maintain a current registration for employment
or additional employment with the system of free public
employment offices maintained in this State by the State
Department of Employment Security under the Public Employment
Office Act and shall utilize the job placement services and
other facilities of such offices unless the Illinois
Department otherwise provides by rule for programs
administered by the Illinois Department.
(2) Every person age 16 or over shall be deemed "able to
engage in employment", as that term is used herein, unless
(a) the person has an illness certified by the attending
practitioner as precluding his or her engagement in
employment of any type for a time period stated in the
practitioner's certification; or (b) the person has a
medically determinable physical or mental impairment, disease
or loss of indefinite duration and of such severity that he
or she cannot perform labor or services in any type of
gainful work which exists in the national economy, including
work adjusted for persons with physical or mental handicap;
or (c) the person is among the classes of persons exempted by
paragraph 5 of this Section. A person described in clauses
(a), (b) or (c) of the preceding sentence shall be classified
as "temporarily unemployable". The Illinois Department shall
provide by rule for periodic review of the circumstances of
persons classified as "temporarily unemployable".
(3) The Illinois Department shall provide through rules
and regulations for sanctions against applicants and
recipients of aid under this Code who fail or refuse to
cooperate, without good cause, as defined by rule of the
Illinois Department, to accept a bona fide offer of
employment in which he or she is able to engage either in the
community of the person's residence or within reasonable
commuting distance therefrom.
The Illinois Department may provide by rule for the grant
or continuation of aid for a temporary period, if federal law
or regulation so permits or requires, to a person who refuses
employment without good cause if he or she accepts counseling
or other services designed to increase motivation and
incentives for accepting employment.
(4) Without limiting other criteria which the Illinois
Department may establish, it shall be good cause of refusal
if
(a) the wage does not meet applicable minimum wage
requirements,
(b) there being no applicable minimum wage as
determined in (a), the wage is certified by the Illinois
Department of Labor as being less than that which is
appropriate for the work to be performed, or
(c) acceptance of the offer involves a substantial
threat to the health or safety of the person or any of
his or her dependents.
(5) The requirements of registration and acceptance of
employment shall not apply (a) to a parent or other person
needed at home to provide personal care and supervision to a
child or children unless, in accordance with the rules and
regulations of the Illinois Department, suitable arrangements
have been or can be made for such care and supervision during
the hours of the day the parent or other person is out of the
home because of employment; (b) to a person age 16 or over in
regular attendance in school, as defined in Section 4-1.1; or
(c) to a person whose presence in the home on a substantially
continuous basis is required because of the illness or
incapacity of another member of the household.
The Illinois Department may implement a demonstration
project limited to one county of less than 3 million
population that would require registration for and acceptance
of employment by parents or another person needed at home to
provide personal care and supervision to a child or children
age 3 and over, as allowed by federal law and subject to
rules and regulations of the Illinois Department, provided
suitable arrangements have been or can be made for such care
and supervision during the hours of the day the parents or
other person are out of the home because of employment. Such
suitable arrangements must meet standards and requirements
established under the Child Care Act of 1969, as now or
hereafter amended. Such requirements shall not apply to
parents or another caretaker with a child or children at home
under the age of 3.
(Source: P.A. 90-17, eff. 7-1-97; 91-357, eff. 7-29-99.)
(305 ILCS 5/11-22) (from Ch. 23, par. 11-22)
Sec. 11-22. Charge upon claims and causes of action for
injuries. The Illinois Department shall have a charge upon
all claims, demands and causes of action for injuries to an
applicant for or recipient of financial aid under Articles
III, IV, and V and VII for the total amount of medical
assistance provided the recipient from the time of injury to
the date of recovery upon such claim, demand or cause of
action. In addition, if the applicant or recipient was
employable, as defined by the Department, at the time of the
injury, the Department shall also have a charge upon any such
claims, demands and causes of action for the total amount of
aid provided to the recipient and his dependents, including
all cash assistance and medical assistance only to the extent
includable in the claimant's action, from the time of injury
to the date of recovery upon such claim, demand or cause of
action. Any definition of "employable" adopted by the
Department shall apply only to persons above the age of
compulsory school attendance. Local governmental units shall
have like charges for injuries to an applicant or recipient
under Article VII.
If the injured person was employable at the time of the
injury and is provided aid under Articles III, IV, or V or
VII and any dependent or member of his family is provided aid
under Article VI, or vice versa, both the Illinois Department
and the local governmental unit shall have a charge upon such
claims, demands and causes of action for the aid provided to
the injured person and any dependent member of his family,
including all cash assistance, medical assistance and food
stamps, from the time of the injury to the date of recovery.
"Recipient", as used herein, means the grantee of record
and any persons whose needs are included in the financial aid
provided to the grantee of record or otherwise met by grants
under the appropriate Article of this Code for which such
person is eligible.
In each case, the notice shall be served by certified
mail or registered mail, upon the party or parties against
whom the applicant or recipient has a claim, demand or cause
of action. The notice shall claim the charge and descri