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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 003 ]|
90_HB0204enr 305 ILCS 5/11-6.2 Amends the Article of the Illinois Public Aid Code regarding rights and responsibilities of applicants and recipients. Changes the length of the demonstration project to determine the cost-effectiveness of preventing multiple enrollments of aid recipients through the use of an electronic automated 2-digit fingerprint matching identification system in local offices from 12 months to 36 months. Effective immediately. LRB9001426WHmg HB0204 Enrolled LRB9001426WHmg 1 AN ACT regarding assistance to needy families. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Administrative Procedure Act is 5 amended by adding Section 5-160 as follows: 6 (5 ILCS 100/5-160 new) 7 Sec. 5-160. Certain provisions of the Illinois Public 8 Aid Code control over provisions of this Act. In the event 9 that any provisions of this Act are in conflict with the 10 provisions of Section 4-2 of the Illinois Public Aid Code, 11 the provisions of Section 4-2 of the Illinois Public Aid Code 12 shall control. 13 Section 10. The Illinois Public Aid Code is amended by 14 changing the heading of Article IV, by changing Sections 1-8, 15 4-0.5, 4-1, 4-1.1, 4-1.2, 4-1.6, 4-1.7, 4-1.9, 4-2, 4-8, 16 4-12, 6-1.3, 9A-3, 9A-4, 9A-7, 9A-8, 9A-9, 9A-11, 11-6, 17 11-6.2, 11-8, 11-8.6, 11-16, 11-20, 12-4.4, 12-4.11, and 18 12-10.3, and by adding Sections 1-9, 1-10, 1-11, 4-0.6, 19 4-1.12, 4-21, 4-22, 9A-13, and 12-13.05 as follows: 20 (305 ILCS 5/1-8) 21 Sec. 1-8. Fugitives ineligible. 22 (a) The following persons are not eligible for aid under 23 this Code, or federal food stamps or federal food stamp 24 benefits: 25 (1) A person who has fled from the jurisdiction of 26 any court of record of this or any other state or of the 27 United States to avoid prosecution for a felony or to 28 avoid giving testimony in any criminal proceeding 29 involving the alleged commission of a felony. HB0204 Enrolled -2- LRB9001426WHmg 1 (2) A person who has fled to avoid imprisonment in 2 a correctional facility of this or any other state or the 3 United States for having committed a felony. 4 (3) A person who has escaped from a correctional 5 facility of this or any other state or the United States 6 if the person was incarcerated for having committed a 7 felony. 8 (4) A person who is violating a condition of 9 probation or parole imposed under federal or State law. 10 In this Section, "felony" means a violation of a penal 11 statute of this or any other state or the United States for 12 which a sentence to death or to a term of imprisonment in a 13 penitentiary for one year or more is provided. 14 To implement this Section, the Illinois Department may 15 exchange necessary information with an appropriate law 16 enforcement agency of this or any other state, a political 17 subdivision of this or any other state, or the United States. 18 (b) The Illinois Department shall apply for all waivers 19 of federal law and regulations necessary to implement this 20 Section, and implementation of this Section is contingent on 21 the Illinois Department's receipt of those waivers. 22 (Source: P.A. 88-554, eff. 7-26-94; 89-489, eff. 1-1-97.) 23 (305 ILCS 5/1-9 new) 24 Sec. 1-9. Misrepresentation of residence. A person who 25 has been convicted in federal or State court of having made a 26 fraudulent statement or representation with respect to 27 residence in order to receive assistance simultaneously from 28 2 or more states shall be ineligible for cash assistance 29 under this Code for 10 years beginning on the date of 30 conviction. 31 (305 ILCS 5/1-10 new) 32 Sec. 1-10. Drug convictions. HB0204 Enrolled -3- LRB9001426WHmg 1 (a) Persons convicted of an offense under the Illinois 2 Controlled Substances Act or the Cannabis Control Act which 3 is a Class X felony, or a Class 1 felony, or comparable 4 federal criminal law which has as an element the possession, 5 use, or distribution of a controlled substance, as defined in 6 Section 102(6) of the federal Controlled Substances Act (21 7 U.S.C. 802(c)), shall not be eligible for cash assistance 8 provided under this Code. 9 (b) Persons convicted of any other felony under the 10 Illinois Controlled Substances Act or the Cannabis Control 11 Act which is not a Class X or Class 1 felony, or comparable 12 federal criminal law which has as an element the possession, 13 use, or distribution of a controlled substance, as defined in 14 Section 102(6) of the federal Controlled Substances Act (21 15 U.S.C. 802(c)), shall not be eligible for cash assistance 16 provided under this Code for 2 years from the date of 17 conviction. This prohibition shall not apply if the person 18 is in a drug treatment program, aftercare program, or similar 19 program as defined by rule. 20 (c) Persons shall not be determined ineligible for food 21 stamps provided under this Code based upon a conviction of 22 any felony or comparable federal or State criminal law which 23 has an element the possession, use or distribution of a 24 controlled substance, as defined in Section 102(6) of the 25 federal Controlled Substance Act (21 U.S.C. 802(c)). 26 (305 ILCS 5/1-11 new) 27 Sec. 1-11. Citizenship. To the extent not otherwise 28 provided in this Code or federal law, all clients who receive 29 cash or medical assistance under Article III, IV, V, or VI of 30 this Code must meet the citizenship requirements as 31 established in this Section. To be eligible for assistance an 32 individual, who is otherwise eligible, must be either a 33 United States citizen or included in one of the following HB0204 Enrolled -4- LRB9001426WHmg 1 categories of non-citizens: 2 (1) United States veterans honorably discharged and 3 persons on active military duty, and the spouse and 4 unmarried dependent children of these persons; 5 (2) Refugees under Section 207 of the Immigration 6 and Nationality Act; 7 (3) Asylees under Section 208 of the Immigration 8 and Nationality Act; 9 (4) Persons for whom deportation has been withheld 10 under Section 243(h) of the Immigration and Nationality 11 Act; 12 (5) Persons granted conditional entry under Section 13 203(a)(7) of the Immigration and Nationality Act as in 14 effect prior to April 1, 1980; 15 (6) Persons lawfully admitted for permanent 16 residence under the Immigration and Nationality Act; and 17 (7) Parolees, for at least one year, under Section 18 212(d)(5) of the Immigration and Nationality Act. 19 Those persons who are in the categories set forth in 20 subdivisions 6 and 7 of this Section, who enter the United 21 States on or after August 22, 1996, shall not be eligible for 22 5 years beginning on the date the person entered the United 23 States. 24 The Illinois Department may, by rule, cover prenatal care 25 or emergency medical care for non-citizens who are not 26 otherwise eligible under this Section. Local governmental 27 units which do not receive State funds may impose their own 28 citizenship requirements and are authorized to provide any 29 benefits and impose any citizenship requirements as are 30 allowed under the Personal Responsibility and Work 31 Opportunity Reconciliation Act of 1996 (P.L. 104-193). 32 (305 ILCS 5/Art. IV heading) 33 ARTICLE IV. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES HB0204 Enrolled -5- LRB9001426WHmg 1
AID TO FAMILIES WITH DEPENDENT CHILDREN2 (305 ILCS 5/4-0.5) 3 Sec. 4-0.5. Aid to Families with Dependent Children 4 Program inoperative after June 30, 1997. Article inoperative5 after December 31, 1998.The provisions of this Article IV6 to provide assistance payments to families meeting the7 eligibility requirements of theAid to Families with 8 Dependent Children (AFDC) Program shall be inoperative after 9 June 30, 1997 December 31, 1998. Under the federal Temporary 10 Assistance for Needy Children Program the Illinois Department 11 shall develop an alternative program of mutual responsibility 12 between the Illinois Department and the client to allow the 13 family to become self-sufficient or employed as quickly as 14 possible through (i) the provision of transitional assistance 15 to families in the form of emergency one-time payments to 16 prevent job loss, temporary assistance while searching for or 17 being trained for work, or paternity establishment and child 18 support enforcement or (ii) the provision for continued work. 19 (Source: P.A. 89-6, eff. 3-6-95.) 20 (305 ILCS 5/4-0.6 new) 21 Sec. 4-0.6. Reference to AFDC considered a reference to 22 TANF. On and after the effective date of this amendatory Act 23 of 1997, any reference to Aid to Families with Dependent 24 Children or AFDC shall be considered to be a reference to 25 Temporary Assistance for Needy Families or TANF. 26 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1) 27 Sec. 4-1. Eligibility requirements. Financial aid in 28 meeting basic maintenance requirements for a livelihood 29 compatible with health and well-being shall be given under 30 this Article to or in behalf of families with dependent 31 children who meet the eligibility conditions of Sections HB0204 Enrolled -6- LRB9001426WHmg 1 4-1.1 through 4-1.11. Persons who meet the eligibility 2 criteria authorized under this Article shall be treated 3 equally, provided that nothing in this Article shall be 4 construed to create an entitlement to a particular grant or 5 service level or to aid in amounts not authorized under this 6 Code, nor construed to limit the authority of the General 7 Assembly to change the eligibility requirements or provisions 8 respecting assistance amounts. 9 The Illinois Department shall advise every applicant for 10 and recipient of aid under this Article of (i) the 11 requirement that all recipients move toward self-sufficiency 12 and (ii) the value and benefits of employment. As a 13 condition of eligibility for that aid, every person who 14 applies for aid under this Article on or after the effective 15 date of this amendatory Act of 1995 shall prepare and submit, 16 as part of the application or subsequent redetermination, a 17 personal plan for achieving employment and self-sufficiency. 18 The plan shall incorporate the individualized assessment and 19 employability plan set out in subsections (d), (f), and (g) 20 of Section 9A-8. The plan may be amended as the recipient's 21 needs change. The assessment process to develop the plan 22 shall include questions that screen for domestic violence 23 issues and steps needed to address these issues may be part 24 of the plan. If the individual indicates that he or she is a 25 victim of domestic violence, he or she may also be referred 26 to an available domestic violence program. As a condition of27 eligibility for that aid, every person who is a recipient of28 aid under this Article on the effective date of this29 amendatory Act of 1995 shall, within 6 months after that30 date, prepare a personal plan for achieving employment.31 Failure of the client to follow through on the personal plan 32 for employment and self-sufficiency may be a basis for 33 sanction under Section 4-21. The Illinois Department may 34 implement this paragraph through the use of emergency rules HB0204 Enrolled -7- LRB9001426WHmg 1 in accordance with Section 5-45 of the Illinois 2 Administrative Procedure Act. For purposes of the Illinois 3 Administrative Procedure Act, the adoption of rules to 4 implement this paragraph shall be considered an emergency and 5 necessary for the public interest, safety, and welfare. 6 The eligibility of persons who, on the effective date of 7 this Code, are receiving aid under Article VI of the 1949 8 Code, for aid under this Article, and the continuity of their 9 grants, shall not be affected by the enactment of this Code. 10 (Source: P.A. 89-6, eff. 3-6-95.) 11 (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1) 12 Sec. 4-1.1. Child age eligibility. 13 (a) Every assistance unit must include a child, except 14 as provided in subsections (b) and (c). The child or children 15 must have already been born , except as otherwise provided in16 this Section,and be under age 18, or, if age 18, must be a 17 full-time student in a secondary school or the equivalent 18 level of vocational or technical training. If federal law19 permits or requires the inclusion of any children age 18 or20 over in the Aid to Families with Dependent Children Program21 under the Social Security Act, the Illinois Department may22 provide for the inclusion of such children by rule.23 Notwithstanding anything in this Section, if federal law24 prohibits federal reimbursement for any children under age25 18, such children shall not be eligible for aid under this26 Article.27 (b) Grants shall be provided for assistance units 28 consisting exclusively of a pregnant woman with no dependent 29 child, and may include her husband if living with her, if the 30 pregnancy has been determined by medical diagnosis, to the 31 extent that federal law permits and federal matching funds 32 are available. 33 (c) Grants may be provided for assistance units HB0204 Enrolled -8- LRB9001426WHmg 1 consisting of only adults if all the children living with 2 those adults are disabled and receive Supplemental Security 3 Income. 4 (Source: P.A. 84-773; revised 2-22-96.) 5 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2) 6 Sec. 4-1.2. Living Arrangements - Parents - Relatives - 7 Foster Care. 8 (a) The child or children must (1) be living with his or 9 their father, mother, grandfather, grandmother, brother, 10 sister, stepfather, stepmother, stepbrother, stepsister, 11 uncle or aunt, or other relative approved by the Illinois 12 Department, in a place of residence maintained by one or more 13 of such relatives as his or their own home, or (2) have been 14 (a) removed from the home of the parents or other relatives 15 by judicial order under the Juvenile Court Act or the 16 Juvenile Court Act of 1987, as amended, (b) placed under the 17 guardianship of the Department of Children and Family 18 Services, and (c) under such guardianship, placed in a foster 19 family home, group home or child care institution licensed 20 pursuant to the "Child Care Act of 1969", approved May 15, 21 1969, as amended, or approved by that Department as meeting 22 standards established for licensing under that Act. A child 23 so placed in foster care who was not receiving aid under this 24 Article in or for the month in which the court proceedings 25 leading to that placement were initiated may qualify only if 26 he lived in the home of his parents or other relatives at the 27 time the proceedings were initiated, or within 6 months prior 28 to the month of initiation, and would have received aid in 29 and for that month if application had been made therefor. 30 (b) The Illinois Department may, by rule, establish 31 those persons who are living together who must be included in 32 the same assistance unit in order to receive cash assistance 33 under this Article and the income and assets of those persons HB0204 Enrolled -9- LRB9001426WHmg 1 in an assistance unit which must be considered in determining 2 eligibility. 3 (c) The conditions of qualification herein specified 4 shall not prejudice aid granted under this Code for foster 5 care prior to the effective date of this 1969 Amendatory Act. 6 (Source: P.A. 85-1209.) 7 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6) 8 Sec. 4-1.6. Need ). Income available to the family as 9 defined by the Illinois Department by rule, or to the child 10 in the case of a child removed from his or her home, when 11 added to contributions in money, substance or services from 12 other sources, including income available from parents absent 13 from the home or from a stepparent, contributions made for 14 the benefit of the parent or other persons necessary to 15 provide care and supervision to the child, and contributions 16 from legally responsible relatives, must be insufficient to 17 equal the grant amount established by Department regulation 18 for such a person. 19 In considering income to be taken into account, 20 consideration shall be given to any expenses reasonably 21 attributable to the earning of such income. The Illinois 22 Department may also, subject to such limitations as may be 23 prescribed by federal law or regulation, permit all or any 24 portion of earned or other income to be set aside for the 25 future identifiable needs of a child. If federal law or 26 regulations permit or require exemption of other income of 27 recipients, the Illinois Department may provide by rule and 28 regulation for the exemptions thus permitted or required. 29 The eligibility of any applicant for or recipient of public 30 aid under this Article is not affected by the payment of any 31 grant under the "Senior Citizens and Disabled Persons 32 Property Tax Relief and Pharmaceutical Assistance Act". 33 The Illinois Department may, by rule, set forth criteria HB0204 Enrolled -10- LRB9001426WHmg 1 under which an assistance unit is ineligible for cash 2 assistance under this Article for a specified number of 3 months due to the receipt of a lump sum payment. 4 (Source: P.A. 84-832.) 5 (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7) 6 (Text of Section before amendment by P.A. 89-507) 7 Sec. 4-1.7. Enforcement of Parental Child Support 8 Obligation.) If the parent or parents of the child are 9 failing to meet or are delinquent in their legal obligation 10 to support the child, the parent or other person having 11 custody of the child or the Illinois Department may request 12 the law enforcement officer authorized or directed by law to 13 so act to file action for the enforcement of such remedies as 14 the law provides for the fulfillment of the child support 15 obligation. 16 If a parent has a judicial remedy against the other 17 parent to compel child support, or if, as the result of an 18 action initiated by or in behalf of one parent against the 19 other, a child support order has been entered in respect to 20 which there is noncompliance or delinquency, or where the 21 order so entered may be changed upon petition to the court to 22 provide additional support, the parent or other person having 23 custody of the child or the Illinois Department may request 24 the appropriate law enforcement officer to seek enforcement 25 of the remedy, or of the support order, or a change therein 26 to provide additional support. If the law enforcement 27 officer is not authorized by law to so act in these 28 instances, the parent, or if so authorized by law the other 29 person having custody of the child, or the Illinois 30 Department may initiate an action to enforce these remedies. 31 A parent or other person having custody of the child who 32 fails or refuses to comply with the requirements of Title IV 33 of the federal Social Security Act, and the regulations duly HB0204 Enrolled -11- LRB9001426WHmg 1 promulgated thereunder, regarding enforcement of the child 2 support obligation shall be denied aid or aid for that person 3 shall be terminated for as long as the failure or refusal 4 persists. The Illinois Department may provide by rule for 5 the grant or continuation of aid to the person for a 6 temporary period if he or she accepts counseling or other 7 services designed to increase his or her motivation to seek 8 enforcement of the child support obligation. 9 A child shall not be denied aid under this Article either 10 initially or subsequently because a parent or other person 11 having custody of the child fails or refuses to comply with 12 the requirements of this Section. 13 In addition to any other definition of failure or refusal 14 to comply with the requirements of Title IV of the federal 15 Social Security Act, in the case of failure to attend court 16 hearings, the parent or other person can show cooperation by 17 attending a court hearing or, if a court hearing cannot be 18 scheduled within 30 days following the court hearing that was 19 missed, by signing a statement that the parent or other 20 person is now willing to cooperate in the child support 21 enforcement process and will appear at any later scheduled 22 court date. The parent or other person can show cooperation 23 by signing such a statement only once. If failure to attend 24 the court hearing or other failure to cooperate results in 25 the case being dismissed, such a statement may be signed 26 after 2 months. 27 No denial or termination of medical assistance pursuant 28 to this Section shall commence during pregnancy of the parent 29 or other person having custody of the child or for 30 days 30 after the termination of such pregnancy. The termination of 31 medical assistance may commence thereafter if the Illinois 32 Department determines that the failure or refusal to comply 33 with this Section persists. Postponement of denial or 34 termination of medical assistance during pregnancy under this HB0204 Enrolled -12- LRB9001426WHmg 1 paragraph shall be effective only to the extent it does not 2 conflict with federal law or regulation. 3 Any evidence a parent or other person having custody of 4 the child gives in order to comply with the requirements of 5 this Section shall not render him or her liable to 6 prosecution under Sections 11-7 or 11-8 of the "Criminal Code 7 of 1961", approved July 28, 1961, as amended. 8 When so requested, the Illinois Department shall provide 9 such services and assistance as the law enforcement officer 10 may require in connection with the filing of any action 11 hereunder. 12 The Illinois Department, and as an expense of 13 administration, may also provide applicants for and 14 recipients of aid with such services and assistance, 15 including assumption of the reasonable costs of prosecuting 16 any action or proceeding, as may be necessary to enable them 17 to enforce the child support liability required hereunder. 18 Nothing in this Section shall be construed as a 19 requirement that an applicant or recipient file an action for 20 dissolution of marriage against his or her spouse. 21 (Source: P.A. 85-1308.) 22 (Text of Section after amendment by P.A. 89-507) 23 Sec. 4-1.7. Enforcement of Parental Child Support 24 Obligation.) If the parent or parents of the child are 25 failing to meet or are delinquent in their legal obligation 26 to support the child, the parent or other person having 27 custody of the child or the Illinois Department of Public Aid 28 may request the law enforcement officer authorized or 29 directed by law to so act to file action for the enforcement 30 of such remedies as the law provides for the fulfillment of 31 the child support obligation. 32 If a parent has a judicial remedy against the other 33 parent to compel child support, or if, as the result of an 34 action initiated by or in behalf of one parent against the HB0204 Enrolled -13- LRB9001426WHmg 1 other, a child support order has been entered in respect to 2 which there is noncompliance or delinquency, or where the 3 order so entered may be changed upon petition to the court to 4 provide additional support, the parent or other person having 5 custody of the child or the Illinois Department of Public Aid 6 may request the appropriate law enforcement officer to seek 7 enforcement of the remedy, or of the support order, or a 8 change therein to provide additional support. If the law 9 enforcement officer is not authorized by law to so act in 10 these instances, the parent, or if so authorized by law the 11 other person having custody of the child, or the Illinois 12 Department of Public Aid may initiate an action to enforce 13 these remedies. 14 A parent or other person having custody of the child must 15 who fails or refuses tocomply with the requirements of Title 16 IV of the federal Social Security Act, and the regulations 17 duly promulgated thereunder, and any rules promulgated by the 18 Illinois Department regarding enforcement of the child 19 support obligation shall be denied aid or aid for that person20 shall be terminated for as long as the failure or refusal21 persists. The Illinois Department of Public Aid and the 22 Department of Human Services may provide by rule for the 23 grant or continuation of aid to the person for a temporary 24 period if he or she accepts counseling or other services 25 designed to increase his or her motivation to seek 26 enforcement of the child support obligation. 27 A child shall not be denied aid under this Article either28 initially or subsequently because a parent or other person29 having custody of the child fails or refuses to comply with30 the requirements of this Section.31 In addition to any other definition of failure or refusal 32 to comply with the requirements of Title IV of the federal 33 Social Security Act, or Illinois Department rule, in the case 34 of failure to attend court hearings, the parent or other HB0204 Enrolled -14- LRB9001426WHmg 1 person can show cooperation by attending a court hearing or, 2 if a court hearing cannot be scheduled within 14 30days 3 following the court hearing that was missed, by signing a 4 statement that the parent or other person is now willing to 5 cooperate in the child support enforcement process and will 6 appear at any later scheduled court date. The parent or 7 other person can show cooperation by signing such a statement 8 only once. If failure to attend the court hearing or other 9 failure to cooperate results in the case being dismissed, 10 such a statement may be signed after 2 months. 11 No denial or termination of medical assistance pursuant 12 to this Section shall commence during pregnancy of the parent 13 or other person having custody of the child or for 30 days 14 after the termination of such pregnancy. The termination of 15 medical assistance may commence thereafter if the Illinois 16 Department of Public Aid determines that the failure or 17 refusal to comply with this Section persists. Postponement 18 of denial or termination of medical assistance during 19 pregnancy under this paragraph shall be effective only to the 20 extent it does not conflict with federal law or regulation. 21 Any evidence a parent or other person having custody of 22 the child gives in order to comply with the requirements of 23 this Section shall not render him or her liable to 24 prosecution under Sections 11-7 or 11-8 of the "Criminal Code 25 of 1961", approved July 28, 1961, as amended. 26 When so requested, the Illinois Department of Public Aid 27 and the Department of Human Services shall provide such 28 services and assistance as the law enforcement officer may 29 require in connection with the filing of any action 30 hereunder. 31 The Illinois Department of Public Aid and the Department 32 of Human Services, and as an expense of administration, may 33 also provide applicants for and recipients of aid with such 34 services and assistance, including assumption of the HB0204 Enrolled -15- LRB9001426WHmg 1 reasonable costs of prosecuting any action or proceeding, as 2 may be necessary to enable them to enforce the child support 3 liability required hereunder. 4 Nothing in this Section shall be construed as a 5 requirement that an applicant or recipient file an action for 6 dissolution of marriage against his or her spouse. 7 (Source: P.A. 89-507, eff. 7-1-97.) 8 (305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9) 9 Sec. 4-1.9. Participation in Educational and Vocational 10 Training Programs. 11 (a) A parent or parents and a child age 16 or over not 12 in regular attendance in school, as defined in Section 4-1.1 13 as that Section existed on August 26, 1969 (the effective 14 date of Public Act 76-1047), for whom education and training 15 is suitable, must participate in the educational and 16 vocational training programs provided pursuant to Article 17 IXA. 18 (b) A parent who is less than 20 18years of age and who 19 has not received a high school diploma or high school 20 equivalency certificate is required to be enrolled in school 21 or in an educational program that is expected to result in 22 the receipt of a high school diploma or high school 23 equivalency certificate, except 18 and 19 year old parents 24 may be assigned to work activities or training if it is 25 determined based on an individualized assessment that 26 secondary school is inappropriate or be subject to sanction27 under Article IXA. 28 (Source: P.A. 88-670, eff. 12-2-94; 89-6, eff. 3-6-95.) 29 (305 ILCS 5/4-1.12 new) 30 Sec. 4-1.12. Five year limitation. 31 No assistance unit shall be eligible for a cash grant 32 under this Article if it includes an adult who has received HB0204 Enrolled -16- LRB9001426WHmg 1 cash assistance as an adult for 60 months, whether or not 2 consecutive, after the effective date of this amendatory Act 3 of 1997. The Illinois Department may exempt individual 4 assistance units from the 60-month limitation or determine 5 circumstances under which a month or months would not count 6 towards the 60-month limitation even though the assistance 7 unit did receive cash assistance under this Article. 8 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2) 9 Sec. 4-2. Amount of aid. 10 (a) The amount and nature of financial aid shall be 11 determined in accordance with the standards,grant amounts, 12 rules and regulations of the Illinois Department. Due regard 13 shall be given to the self-sufficiency requirements of the 14 family and to the income, money contributions and other 15 support and resources available, from whatever source. 16 Beginning July 1, 1992, the supplementary grants previously 17 paid under this Section shall no longer be paid. However, 18 the amount and nature of any financial aid is not affected by 19 the payment of any grant under the "Senior Citizens and 20 Disabled Persons Property Tax Relief and Pharmaceutical 21 Assistance Act". The aid shall be sufficient, when added to 22 all other income, money contributions and support to provide 23 the family with a grant in the amount established by 24 Department regulation. 25 (b) The Illinois Department may conduct special 26 projects, which may be known as Grant Diversion Projects, 27 under which recipients of financial aid under this Article 28 are placed in jobs and their grants are diverted to the 29 employer who in turn makes payments to the recipients in the 30 form of salary or other employment benefits. The Illinois 31 Department shall by rule specify the terms and conditions of 32 such Grant Diversion Projects. Such projects shall take into 33 consideration and be coordinated with the programs HB0204 Enrolled -17- LRB9001426WHmg 1 administered under the Illinois Emergency Employment 2 Development Act. 3 (c) The amount and nature of the financial aid for a 4 child requiring care outside his own home shall be determined 5 in accordance with the rules and regulations of the Illinois 6 Department, with due regard to the needs and requirements of 7 the child in the foster home or institution in which he has 8 been placed. 9 (d) If the Department establishes grants for family 10 units consisting exclusively of a pregnant woman with no 11 dependent child or including her husband if living with her, 12 the grant amount for such a unit shall be equal to the grant 13 amount for an assistance unit consisting of one adult, or 2 14 persons if the husband is included. Other than as herein 15 described, an unborn child shall not be counted in 16 determining the size of an assistance unit or for calculating 17 grants. 18 Payments for basic maintenance requirements of a child or 19 children and the relative with whom the child or children are 20 living shall be prescribed, by rule, by the Illinois 21 Department. 22 These grants may be increased in the following circumstances: 23 1. If the child is living with both parents or with 24 persons standing in the relationship of parents, and if 25 the grant is necessitated because of the unemployment or 26 insufficient earnings of the parent or parents and 27 neither parent is receiving benefits under "The 28 Unemployment Compensation Act", approved June 30, 1937, 29 as amended, the maximum may be increased by not more than 30 $25. 31 2. If a child is age 13 or over, the maximum may be 32 increased by not more than $15. 33 The allowances provided under Article IX for recipients 34 participating in the training and rehabilitation programs HB0204 Enrolled -18- LRB9001426WHmg 1 shall be in addition to the maximum payments established in 2 this Section. 3 Grants under this Article shall not be supplemented by 4 General Assistance provided under Article VI. 5 (e) Grants shall be paid to the parent or other person 6 with whom the child or children are living, except for such 7 amount as is paid in behalf of the child or his parent or 8 other relative to other persons or agencies pursuant to this 9 Code or the rules and regulations of the Illinois Department. 10 (f) An assistance unit, receiving financial aid under 11 this Article or temporarily ineligible to receive aid under 12 this Article under a penalty imposed by the Illinois 13 Department for failure to comply with the eligibility 14 requirements or that voluntarily requests termination of 15 financial assistance under this Article and becomes 16 subsequently eligible for assistance within 9 months, shall 17 not receive any increase in the amount of aid solely on 18 account of the birth of a child; except that an increase is 19 not prohibited when the birth is (i) of a child of a pregnant 20 woman who became eligible for aid under this Article during 21 the pregnancy, or (ii) of a child born within 10 months after 22 the date of implementation of this subsection, or (iii) of a 23 child conceived after a family became ineligible for 24 assistance due to income or marriage and at least 3 months of 25 ineligibility expired before any reapplication for 26 assistance. This subsection does not, however, prevent a 27 unit from receiving a general increase in the amount of aid 28 that is provided to all recipients of aid under this Article. 29 The Illinois Department is authorized to transfer funds, 30 and shall use any budgetary savings attributable to not 31 increasing the grants due to the births of additional 32 children, to supplement existing funding for employment and 33 training services within the JOBS or its successor program34 for recipients of aid under this Article IV. The Illinois HB0204 Enrolled -19- LRB9001426WHmg 1 Department shall target, to the extent the supplemental 2 funding allows, employment and training JOBSservices to the 3 families who do not receive a grant increase after the birth 4 of a child. In addition, the Illinois Department shall 5 provide, to the extent the supplemental funding allows, such 6 families with up to 24 months of transitional child care 7 pursuant to Illinois Department rules. All remaining 8 supplemental funds shall be used for JOBSemployment and 9 training services or transitional child care support. 10 In making the transfers authorized by this subsection, 11 the Illinois Department shall first determine, pursuant to 12 regulations adopted by the Illinois Department for this 13 purpose, the amount of savings attributable to not increasing 14 the grants due to the births of additional children. 15 Transfers may be made from General Revenue Fund 16 appropriations for distributive purposes authorized by 17 Article IV of this Code only to General Revenue Fund 18 appropriations for employability development services 19 including operating and administrative costs and related 20 distributive purposes under Article IXA of this Code. The 21 Director, with the approval of the Governor, shall certify 22 the amount and affected line item appropriations to the State 23 Comptroller. 24 The Illinois Department shall apply for all waivers of 25 federal law and regulations necessary to implement this 26 subsection; implementation of this subsection is contingent 27 on the Illinois Department receiving all necessary federal 28 waivers. The Illinois Department may implement this 29 subsection through the use of emergency rules in accordance 30 with Section 5-45 of the Illinois Administrative Procedure 31 Act. For purposes of the Illinois Administrative Procedure 32 Act, the adoption of rules to implement this subsection shall 33 be considered an emergency and necessary for the public 34 interest, safety, and welfare. HB0204 Enrolled -20- LRB9001426WHmg 1 Nothing in this subsection shall be construed to prohibit 2 the Illinois Department from using AFDCfunds under this 3 Article IV to provide assistance in the form of vouchers that 4 may be used to pay for goods and services deemed by the 5 Illinois Department, by rule, as suitable for the care of the 6 child such as diapers, clothing, school supplies, and cribs. 7 (g) Notwithstanding any other provision of this Code to 8 the contrary, the Illinois Department is authorized to reduce 9 or eliminate payments for supplementary grants under the 10 first paragraph of this Section as necessary to implement 11 contingency reserves under the Emergency Budget Act of Fiscal 12 Year 1992, to the extent permitted by federal law. Any such 13 reduction or elimination shall expire on July 1, 1992. 14 (h) Notwithstanding any other provision of this Code, 15 the Illinois Department is authorized to reduce payment 16 levels used to determine cash grants under this Article after 17 December 31 of any fiscal year if the Illinois Department 18 determines that the caseload upon which the appropriations 19 for the current fiscal year are based have increased by more 20 than 5% and the appropriation is not sufficient to ensure 21 that cash benefits under this Article do not exceed the 22 amounts appropriated for those cash benefits. Reductions in 23 payment levels may be accomplished by emergency rule under 24 Section 5-45 of the Illinois Administrative Procedure Act, 25 except that the limitation on the number of emergency rules 26 that may be adopted in a 24-month period shall not apply and 27 the provisions of Sections 5-115 and 5-125 of the Illinois 28 Administrative Procedure Act shall not apply. Increases in 29 payment levels shall be accomplished only in accordance with 30 Section 5-40 of the Illinois Administrative Procedure Act. 31 Before any rule to increase payment levels promulgated under 32 this Section shall become effective, a joint resolution 33 approving the rule must be adopted by a roll call vote by a 34 majority of the members elected to each chamber of the HB0204 Enrolled -21- LRB9001426WHmg 1 General Assembly. 2 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95; 3 89-641, eff. 8-9-96.) 4 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8) 5 Sec. 4-8. Mismanagement of assistance grant. 6 (a) If the County Department has reason to believe that 7 the money payment for basic maintenance is not being used, or 8 may not be used, in the best interests of the child and the 9 family and that there is present or potential damage to the 10 standards of health and well-being that the grant is intended 11 to assure, the County Department shall provide the parent or 12 other relative with the counseling and guidance services with 13 respect to the use of the grant and the management of other 14 funds available to the family as may be required to assure 15 use of the grant in the best interests of the child and 16 family. The Illinois Department shall by rule prescribe 17 criteria which shall constitute evidence of grant 18 mismanagement. The criteria shall include but not be limited 19 to the following: 20 (1) A determination that a child in the assistance 21 unit is not receiving proper and necessary support or 22 other care for which assistance is being provided under 23 this Code. 24 (2) A record establishing that the parent or 25 relative has been found guilty of public assistance fraud 26 under Article VIIIA. 27 (3) A determination by an appropriate person, 28 entity, or agency that the parent or other relative 29 requires treatment for alcohol or substance abuse, mental 30 health services, or other special care or treatment. 31 The Department shall at least consider non-payment of 32 rent for two consecutive months as evidence of grant 33 mismanagement by a parent or relative of a recipient who is HB0204 Enrolled -22- LRB9001426WHmg 1 responsible for making rental payments for the housing or 2 shelter of the child or family, unless the Department 3 determines that the non-payment is necessary for the 4 protection of the health and well-being of the recipient. The 5 County Department shall advise the parent or other relative 6 grantee that continued mismanagement will result in the 7 application of one of the sanctions specified in this 8 Section. 9 The Illinois Department shall consider irregular school 10 attendance by children of elementaryschool age grades 1 11 through 8 6, as evidence of lack of proper and necessary 12 support or care. The Department may extend this consideration 13 to children in grades higher than 8. 14 The Illinois Department shall develop preventive programs 15 in collaboration with elementaryschool and social service 16 networks to encourage school attendance of children receiving 17 assistance under Article IV. To the extent that Illinois 18 Department and community resources are available, the 19 programs shall serve families whose children in grades 1 20 through 8 6are not attending elementaryschool regularly, as 21 defined by the school. The Department may extend these 22 programs to families whose children are in grades higher than 23 8. The programs shall include referrals from the school to a 24 social service network, assessment and development of a 25 service plan by one or more network representatives, and the 26 Illinois Department's encouragement of the family to follow 27 through with the service plan. Families that fail to follow 28 the service plan as determined by the service provider, shall 29 be subject to the protective payment provisions of this 30 Section and Section 4-9 of this Code. 31 Families for whom a protective payment plan has been in 32 effect for at least 3 months and whose elementaryschool 33 children continue to regularly miss school shall be subject 34 to asanction under Section 4-21 of the parent's portion ofHB0204 Enrolled -23- LRB9001426WHmg 1 the grant. The sanction shall continue until the children 2 demonstrate satisfactory attendance, as defined by the 3 school. To the extent necessary to implement this Section, 4 the Illinois Department shall seek appropriate waivers of 5 federal requirements from the U.S. Department of Health and 6 Human Services. 7 The Illinois Department may implement the amendatory 8 changes to this Section made by this amendatory Act of 1995 9 through the use of emergency rules in accordance with the 10 provisions of Section 5-45 of the Illinois Administrative 11 Procedure Act. For purposes of the Illinois Administrative 12 Procedure Act, the adoption of rules to implement the 13 amendatory changes to this Section made by this amendatory 14 Act of 1995 shall be deemed an emergency and necessary for 15 the public interest, safety, and welfare. 16 (b) If the local office has reason to believe that a 17 caretaker relative is experiencing substance abuse: 18 (i) If there is another family member or friend who 19 is ensuring that the family's needs are being met, that 20 person, if willing, shall be assigned as protective 21 payee. 22 (ii) If there is no family member or close friend 23 to serve as protective payee, the Department shall 24 determine if a referral to the Department of Children and 25 Family Services is warranted and, if appropriate, make 26 the referral. 27 (iii) The Department shall contact the individual 28 who is thought to be experiencing substance abuse and 29 explain why the protective payee has been assigned and 30 refer the individual to treatment. 31 (c) This subsection (c) applies to cases other than 32 those described in subsection (b). If the efforts to correct 33 the mismanagement of the grant have failed, the County 34 Department, in accordance with the rules and regulations of HB0204 Enrolled -24- LRB9001426WHmg 1 the Illinois Department, shall initiate one or more of the 2 following actions: 3 1. Provide for a protective payment to a substitute 4 payee, as provided in Section 4-9. This action may be 5 initiated for any assistance unit containing a child 6 determined to be neglected by the Department of Children 7 and Family Services under the Abused and Neglected Child 8 Reporting Act, and in any case involving a record of 9 public assistance fraud. 10 2. Provide for issuance of all or part of the grant 11 in the form of disbursing orders. This action may be 12 initiated in any case involving a record of public 13 assistance fraud, or upon the request of a substitute 14 payee designated under Section 4-9. 15 3. File a petition under the Juvenile Court Act of 16 1987 for an Order of Protection under Sections 2-25, 17 2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that 18 Act. 19 4. Institute a proceeding under the Juvenile Court 20 Act of 1987 for the appointment of a guardian or legal 21 representative for the purpose of receiving and managing 22 the public aid grant. 23 5. If the mismanagement of the grant, together with 24 other factors, have rendered the home unsuitable for the 25 best welfare of the child, file a neglect petition under 26 the Juvenile Court Act of 1987, requesting the removal of 27 the child or children. 28 (Source: P.A. 88-412; 89-6, eff. 3-6-95.) 29 (305 ILCS 5/4-12) (from Ch. 23, par. 4-12) 30 Sec. 4-12. Crisis assistance. The following groups of31 families who receive assistance under Section 4-1 who are32 also found eligible to receive assistance under this Section33 shall be provided such assistance in the amounts and withinHB0204 Enrolled -25- LRB9001426WHmg 1 such times as are herein specified: (1) families who receive2 assistance (or who meet all eligibility criteria for receipt3 of assistance) under Article IV of this Code; (2) other4 families which contain a child under 21 years old and which5 meet the financial eligibility criteria for assistance under6 Article IV of this Code; and (3) pregnant women whose7 pregnancy has been determined by medical diagnosis and where8 the woman and child would have been eligible for assistance9 under Article IV of this Code if the child were already born.10 No assistance provided pursuant to this Section shall be11 treated as income in computing the regular basic maintenance12 assistance grant under any other Section.13 (a) Special Assistance:Where a family has been (1) 14 rendered homeless or threatened with homelessness by fire, 15 flood, other natural disaster, eviction or court order to 16 vacate the premises for reasons other than nonpayment of 17 rent, or where a spouse and child have become homeless 18 because they have left the residence occupied by a spouse who 19 was physically abusing the now homeless spouse or child; (2) 20 deprived of essential items of furniture or essential 21 clothing by fire or flood or other natural disaster; (3) 22 deprived of food as a result of actions other than loss or 23 theft of cash and where the deprivation cannot be promptly 24 alleviated through the federal food stamp program; (4) as a 25 result of a documented theft or documented loss of cash, 26 deprived of food or essential clothing or deprived of shelter 27 or immediately threatened with deprivation of shelter as 28 evidenced by a court order requiring immediate eviction due 29 to nonpayment of rent threatened with the dissolution of the30 family unit by economic necessity as evidenced by a decision31 by the Illinois Department of Children and Family Services32 that the child would have to be placed in a foster parent33 setting if the economic crisis is not alleviated; or (5) 34 rendered the victim of such other hardships as the Illinois HB0204 Enrolled -26- LRB9001426WHmg 1 Department shall by rule define, the Illinois Department may 2 shallprovide assistance to alleviate such specialneeds. 3 The Illinois Department shall verify need and determine 4 eligibility for crisis specialassistance for families 5 already receiving grants from the Illinois Department within 6 5 working days following application for such assistance and 7 shall determine eligibility for all other families and afford 8 such assistance for families found eligible within such time 9 limits as the Illinois Department shall by rule provide. The 10 Illinois Department may, by rule, limit crisis special11 assistance to an eligible family to once for a period not12 exceeding 30 consecutive daysin any 12 consecutive months. 13 This limitation may be made for some or all items of crisis 14 specialassistance. 15 (b) Emergency Assistance: Where, as a result of16 documented theft or documented loss of cash, a family has17 been deprived of food or essential clothing or deprived of18 shelter or immediately threatened with deprivation of shelter19 as evidenced by a court order requiring immediate eviction20 due to nonpayment of rent, the Illinois Department shall21 provide emergency assistance to alleviate such deprivation.22 The Illinois Department may provide emergency assistance in23 cases where it would otherwise provide special assistance if24 such emergency assistance payments are eligible for federal25 reimbursement under Section 406(e) of the Social Security26 Act. Emergency assistance shall be available to an eligible27 family for a period not exceeding 30 consecutive days in any28 12 consecutive months. The Illinois Department shall verify29 need for, determine eligibility for, and deliver assistance30 to or for the benefit of families determined eligible for31 emergency assistance within time periods which are consonant32 with the requirements for provision of emergency assistance33 under Section 406(e) of the Social Security Act. The Illinois34 Department may also enter into written agreements withHB0204 Enrolled -27- LRB9001426WHmg 1 private and public social service agencies in order to2 provide food, essential clothing, and shelter to recipients3 of assistance under Section 4-1 who are without lodging,4 food, or essential clothing during a weekend or holiday when5 the Department's offices are closed. Such contracts shall6 require the social service agency to report any such7 assistance to the Department's recipient's local office on8 the first business day occurring after the social service9 agency provides such assistance.10 (c)The Illinois Department by regulation shall specify 11 the criteria for determining eligibility and the amount and 12 nature of assistance to be provided in each of the situations13 described in subparagraphs (a) and (b) above. Where 14 deprivation of shelter exists or is threatened, the Illinois 15 Department may provide reasonable moving expenses, short term 16 rental costs, including one month's rent and a security 17 deposit where such expenses are needed for relocation, and, 18 where the Department determines appropriate, provide 19 assistance to prevent an imminent eviction or foreclosure. 20 These amounts may be described in established amounts or 21 maximums. The Illinois Department may also describe, for 22 each form of assistance authorized, the method by which the 23 assistance shall be delivered, including but not limited to 24 warrants or disbursing orders. 25 (d) Financial Limitations:Annual expenditures under 26 this Section shall not exceed $2,000,000 $3,000,000. The 27 Illinois Department shall review such expenditures quarterly 28 and shall, if necessary, reduce the amounts or nature of 29 assistance authorized in order to assure that the limit is 30 not exceeded. 31 (e) The Illinois Department may implement the amendatory32 changes to this Section made by this amendatory Act of 199133 through the use of emergency rules in accordance with the34 provisions of Section 5-45 of the Illinois AdministrativeHB0204 Enrolled -28- LRB9001426WHmg 1 Procedure Act. For purposes of the Illinois Administrative2 Procedure Act, the adoption of rules to implement the3 amendatory changes to this Section made by this amendatory4 Act of 1991 shall be deemed an emergency and necessary for5 the public interest, safety and welfare.6 (Source: P.A. 87-14; 87-860.) 7 (305 ILCS 5/4-21 new) 8 Sec. 4-21. Sanctions. 9 (a) The Illinois Department shall, by rule, establish a 10 system of sanctions for persons who fail to cooperate, 11 without good cause, with employment and training programs or 12 other programs under this Article or Article IXA or who fail 13 to cooperate with child support programs under this Article, 14 Article X, or Title IV of the federal Social Security Act. 15 The sanctions may discontinue all or part of the cash grant 16 provided under this Article. The sanctions may be time 17 limited or continue until the person cooperates in the 18 program. The sanctions may be progressive in that a second, 19 third, or further sanction may be progressively more severe 20 or last longer. 21 (b) The Illinois Department shall, by rule, define what 22 constitutes failure to cooperate and what constitutes good 23 cause which would excuse that failure. 24 (305 ILCS 5/4-22 new) 25 Sec. 4-22. Domestic violence. 26 (a) The assessment process to develop the personal plan 27 for achieving self-sufficiency shall include questions that 28 screen for domestic violence issues. If the individual 29 indicates that he or she is the victim of domestic violence 30 and indicates a need to address domestic violence issues in 31 order to reach self-sufficiency, the plan shall take this 32 factor into account in determining the work, education, and HB0204 Enrolled -29- LRB9001426WHmg 1 training activities suitable to the client for achieving 2 self-sufficiency. In addition, in such a case, specific 3 steps needed to directly address the domestic violence issues 4 may also be made part of the plan, including referral to an 5 available domestic violence program. 6 (b) The Illinois Department shall develop and monitor 7 compliance procedures for its employees, contractors, and 8 subcontractors to ensure that any information pertaining to 9 any client who claims to be a past or present victim of 10 domestic violence or an individual at risk of further 11 domestic violence, whether provided by the victim or by a 12 third party, will remain confidential. 13 (305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3) 14 (Text of Section before amendment by P.A. 89-507) 15 Sec. 6-1.3. Utilization of Aid Available Under Other 16 Provisions of Code.) The person must have been determined 17 ineligible for aid under the federally funded programs to aid 18 refugees and Articles III, IV or V. Nothing in this Section 19 shall prevent the use of General Assistance funds to pay any 20 portion of the costs of care and maintenance in a residential 21 drug abuse treatment program licensed by the Department of 22 Alcoholism and Substance Abuse, or in a County Nursing Home, 23 or in a private nursing home, retirement home or other 24 facility for the care of the elderly, of a person otherwise 25 eligible to receive General Assistance except for the 26 provisions of this paragraph. 27 A person otherwise eligible for aid under the federally 28 funded programs to aid refugees or Articles III, IV or V who 29 fails or refuses to comply with provisions of this Code or 30 other laws, or rules and regulations of the Illinois 31 Department, which would qualify him for aid under those 32 programs or Articles, shall not receive General Assistance 33 under this Article nor shall any of his dependents whose HB0204 Enrolled -30- LRB9001426WHmg 1 eligibility is contingent upon such compliance receive 2 General Assistance. 3 (Source: P.A. 83-1528.) 4 (Text of Section after amendment by P.A. 89-507) 5 Sec. 6-1.3. Utilization of Aid Available Under Other 6 Provisions of Code. The person must have been determined 7 ineligible for aid under the federally funded programs to aid 8 refugees and Articles III, IV or V. Nothing in this Section 9 shall prevent the use of General Assistance funds to pay any 10 portion of the costs of care and maintenance in a residential 11 drug abuse treatment program licensed by the Department of 12 Human Services, or in a County Nursing Home, or in a private 13 nursing home, retirement home or other facility for the care 14 of the elderly, of a person otherwise eligible to receive 15 General Assistance except for the provisions of this 16 paragraph. 17 A person otherwise eligible for aid under the federally 18 funded programs to aid refugees or Articles III, IV or V who 19 fails or refuses to comply with provisions of this Code or 20 other laws, or rules and regulations of the Illinois 21 Department, which would qualify him for aid under those 22 programs or Articles, shall not receive General Assistance 23 under this Article nor shall any of his dependents whose 24 eligibility is contingent upon such compliance receive 25 General Assistance. 26 Persons and families who are ineligible for aid under 27 Article IV due to having received benefits under Article IV 28 for any maximum time limits set under the Illinois Temporary 29 Assistance to Needy Families (TANF) Plan shall not be 30 eligible for General Assistance under this Article unless the 31 Illinois Department or the local governmental unit, by rule, 32 specifies that those persons or families may be eligible. 33 (Source: P.A. 89-507, eff. 7-1-97.) HB0204 Enrolled -31- LRB9001426WHmg 1 (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3) 2 Sec. 9A-3. Establishment of Program and Level of 3 Services. 4 (a) The Illinois Department shall establish and maintain 5 a program to provide recipients with services consistent with 6 the purposes and provisions of this Article. The program 7 offered in different counties of the State may vary depending 8 on the resources available to the State to provide a program 9 under this Article, and no program may be offered in some 10 counties, depending on the resources available. Services may 11 be provided directly by the Illinois Department or through 12 contract, as allowed by federal law. References to the 13 Illinois Department or staff of the Illinois Department shall 14 include contractors when the Illinois Department has entered 15 into contracts for these purposes. The Illinois Department 16 shall provide each recipient who participates with such 17 services available under the program as are necessary to 18 achieve his employability plan as specified in the plan. 19 (b) The Illinois Department, in operating the program, 20 shall cooperate with public and private education and 21 vocational training or retraining agencies or facilities, the 22 Illinois State Board of Education, the Illinois Community 23 College Board, the Departments of Employment Security and 24 Commerce and Community Affairs or other sponsoring 25 organizations funded under the federal Job Training 26 Partnership Act and other public or licensed private 27 employment agencies. 28 (c) The Illinois Department shall target resources to29 the following groups:30 (1) current recipients who have received Aid to31 Families with Dependent Children for any 36 of the32 preceding 60 months;33 (2) applicants for Aid to Families with Dependent34 Children who have received Aid to Families with DependentHB0204 Enrolled -32- LRB9001426WHmg 1 Children for any 36 of the 60 months immediately2 preceding the most recent month for which application has3 been made;4 (3) custodial parents under age 24 who have not5 completed high school or have little or no work6 experience within the preceding year; or7 (4) members of families in which the youngest child8 is within 2 years of being ineligible for assistance9 under this Article because of age.10 (Source: P.A. 86-1184; 86-1381; 86-1475; 87-860.) 11 (305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4) 12 Sec. 9A-4. Participation. 13 (a) Except for those exempted under subsection (b) 14 below, and to the extent resources permit, the Illinois 15 Department as a condition of eligibility for public aid, may, 16 as provided by rule, require all recipients to participate in 17 an education, training, and employment program, which shall 18 include accepting suitable employment and refraining from 19 terminating employment or reducing earnings without good 20 cause. 21 (b) Recipients shall be exempt from the requirement of 22 participation in the education, training, and employment 23 program in the following circumstances: 24 (1) The recipient is a person over age 60 (i) is25 not a parent and is under age 16 or (ii) is age 60 or26 older; or 27 (2) The recipient is a person with a child under 28 age one. temporarily medically unable to participate,29 including a period of recuperation after childbirth;30 (3) The recipient is chronically medically unable31 to participate;32 (4) The recipient resides in an area so remote, as33 defined by rule, as to preclude effective participationHB0204 Enrolled -33- LRB9001426WHmg 1 in the program;2 (5) The recipient is needed in the home because of3 the illness or incapacity of another member of the4 household;5 (6) The recipient works 30 or more hours a week;6 (7) The recipient, age 16 through 18, is attending7 full time an elementary, secondary, vocational or8 technical school (If the individual loses this exemption9 because he or she is no longer in school, the exemption10 is no longer applicable even if the individual returns to11 school);12 (8) The recipient is in the 4th month of pregnancy13 or later;14 (9) The recipient is the parent or other relative15 of a child under 3 years of age who is personally16 providing care for the child;17 (10) The recipient is enrolled full time as a VISTA18 volunteer under Title I of the 1973 Domestic Volunteer19 Services Act (42 U.S.C. 4951 et seq.).20 (c) Notwithstanding subsections (a) and (b) above, a21 custodial parent who is under 20 years of age, has not earned22 a high school diploma or its equivalent and is not exempt23 from participation under any exemption other than the one24 based upon the age of the child found in paragraph (9) of25 subsection (b) of this Section, is not exempt from26 participation in educational activities directed toward27 obtaining a high school diploma or its equivalent. Such28 educational activities may be on a full-time basis (as29 defined by the educational provider).30 (d) A custodial parent age 16 or 17 may be excused from31 educational activities directed toward obtaining a high32 school diploma (or equivalent) if the parent is unable to33 participate due to his or her own mental or physical illness34 or that of his or her spouse or child, or is homeless, or isHB0204 Enrolled -34- LRB9001426WHmg 1 experiencing family or personal crisis.2 (e) A custodial parent who is age 18 or 19 may3 participate in training or work activities instead of4 educational activities if one of the following conditions is5 met:6 (1) prior to any assignment of the parent to7 educational activities, it is determined, based on an8 educational assessment and the employment goal9 established in the parents' employability plan, that10 participation in educational activities is not11 appropriate; or12 (2) the parent fails to make good progress in13 successfully completing educational activities, and it is14 determined based on an individual assessment, and the15 employment plan that the educational activity is not16 appropriate.17 (Source: P.A. 88-412; 89-6, eff. 3-6-95.) 18 (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7) 19 Sec. 9A-7. Good Cause and Pre-Sanction Process 20 Conciliation. 21 (a)The Department shall establish by rule what 22 constitutes good cause for failure to participate in 23 education, training and employment programs, failure to 24 accept suitable employment or terminating employment or 25 reducing earnings. 26 The Department shall establish, by rule, a pre-sanction 27 process to assist in resolving disputes over proposed 28 sanctions and in determining if good cause exists. Good cause 29 shall mayinclude, but not be limited to: 30 (1) temporary illness for its duration illness or31 incapacity; 32 (2) court required appearance or temporary 33 incarceration; HB0204 Enrolled -35- LRB9001426WHmg 1 (3) (blank) family crisis; 2 (4) death in the family; 3 (5) (blank) breakdown in child care arrangements; 4 (6) (blank) sudden and unexpected emergency; 5 (7) (blank) unavailability of otherwise suitable6 child care; 7 (8) (blank) breakdown in transportation8 arrangements or lack of reasonable available9 transportation; 10 (9) extreme inclement weather; 11 (10) (blank) the job referral does not meet12 appropriate work or training criteria; 13 (11) lack of any support service even though the 14 necessary service is not specifically provided under the 15 Department program, to the extent the lack of the needed 16 service presents a significant barrier to participation; 17 (12) if an individual is engaged in employment or 18 training or both that is consistent with the employment 19 related goals of the program, if such employment and 20 training is later approved by Department staff; 21 (13) (blank) failure to cooperate due to symptoms22 of conditions for which the participant may need23 rehabilitation services; 24 (14) failure of Department staff to correctly 25 forward the information to other Department staff; 26 (15) failure of the participant to cooperate 27 because of attendance at a test or a mandatory class or 28 function at an educational program (including college), 29 when an education or training program is officially 30 approved by the Department; 31 (16) failure of the participant due to his or her 32 illiteracy; 33 (17) failure of the participant because it is 34 determined that he or she should be in a different HB0204 Enrolled -36- LRB9001426WHmg 1 activity component; 2 (18) non-receipt by the participant of a notice 3 advising him or her of a participation requirement, if 4 documented by the participant. Documentation can include, 5 but is not limited to: a written statement from the post 6 office or other informed individual: the notice not sent 7 to the participant's last known address in Department 8 records; return of the notice by the post office; other 9 returned mail; proof of previous mail theft problems. 10 When determining whether or not the participant has 11 demonstrated non-receipt, the Department shall take into 12 consideration a participant's history of cooperation or 13 non-cooperation in the past. If the documented 14 non-receipt of mail occurs frequently, the Department 15 shall explore an alternative means of providing notices 16 of participation requests to participants; 17 (19) (blank) not accepting employment that would18 result in a net loss of cash income. Net loss of cash19 income results if the family's gross income less actual20 necessary work-related expenses is less than cash21 assistance the individual was receiving at the time the22 offer of employment is made; 23 (20) non-comprehension of English, either written 24 or oral or both; 25 (21) (blank) failure of Department staff to make an26 appropriate employability assessment or plan or both; 27 (22) (blank) the individual personally provides28 care for a child under age 6 and the employment would29 require working more than 20 hours per week; 30 (23) child care (or day care for an incapacitated 31 individual living in the same home as a dependent child) 32 is necessary for the participation or employment and such 33 care is not available for a child under age 13; 34 (24) failure to participate in an activity due to a HB0204 Enrolled -37- LRB9001426WHmg 1 scheduled job interview; 2 (25) the individual is homeless. Homeless 3 individuals (including the family) have no current 4 residence and no expectation of acquiring one in the next 5 30 days. This includes individuals residing in overnight 6 and transitional (temporary) shelters. This does not 7 include individuals who are sharing a residence with 8 friends or relatives on a continuing basis; 9 (26) circumstances beyond the control of the 10 participant which prevent the participant from completing 11 program requirements; or 12 (27) (blank) other reasons not listed that13 Department staff determine are appropriate. 14 (b) (Blank) No determination of failure of a recipient15 to participate in the education, training and employment16 programs or refusing to accept employment or terminating17 employment or reducing earnings may be made and no sanction18 may be imposed without documentation in the case file that19 there has been a good cause determination and a Conciliation20 Process as established by Department rule pursuant to21 subsection (c) of this Section. 22 (c) (1) The Department shall establish a reconciliation 23 conciliationprocedure to assist in resolving disputes 24 related to any aspect of participation, including 25 exemptions, good cause, sanctions or proposed sanctions, 26 supportive services, orientation,assessments, 27 responsibility and service plans, employability plans,28 assignment to activities components, suitability of 29 employment, or refusals of offers of employment. Through 30 the reconciliation process the Department shall have a 31 mechanism to identify good cause, ensure that the client 32 is aware of the issue, and enable the client to perform 33 required activities without facing sanction. 34 (2) A participant may request reconciliation HB0204 Enrolled -38- LRB9001426WHmg 1 conciliationand receive notice in writing of a meeting. 2 Conciliation must begin within 14 work days upon request3 of the participants or from the participant's failure to4 meet requirements.At least one face-to-face meeting may 5 be scheduled to resolve misunderstandings or 6 disagreements related to program participation and 7 situations which may lead to a potential sanction. The 8 meeting will address the underlying reason for the 9 dispute and plan a resolution to enable the individual to 10 participate in TANF employment and work activity 11 requirements. 12 (2.5) If the individual fails to appear at the 13 reconciliation meeting without good cause, the 14 reconciliation is unsuccessful and a sanction shall be 15 imposed. 16 (3) The reconciliation conciliationprocess shall 17 continue after it is determined that the individual did 18 not have good cause for non-cooperation. Any necessary 19 demonstration of cooperation on the part of the 20 participant will be part of the reconciliation 21 conciliationprocess and will last no more than 30 days. 22 Failure to demonstrate cooperation will result in 23 immediate sanction. 24 (4) For the first instance of non-cooperation, if 25 the client reaches agreement to cooperate, the client 26 shall be allowed 30 days to demonstrate cooperation 27 before any sanction activity may be imposed. In any 28 subsequent instances of non-cooperation, the client shall 29 be provided the opportunity to show good cause or remedy 30 the situation by immediately complying with the 31 requirement. During the conciliation process, the32 following activities shall be completed:33 (A) a discussion of the nature of the problem34 or dispute and potential resolution;HB0204 Enrolled -39- LRB9001426WHmg 1 (B) an explanation of the individual's rights2 and responsibilities;3 (C) a review of the employability plan;4 (D) a discussion of expectations of the5 participant and the Department; and6 (E) development of a conciliation agreement7 and fulfillment of it following the conciliation8 meeting. The requirement of the agreement cannot be9 contrary to component participation requirements.10 (5) The Department shall document in the case 11 record the proceedings of the reconciliation conciliation12 and provide the client in writing with a reconciliation 13 conciliationagreement. 14 (6) If reconciliation conciliationresolves the 15 dispute, no sanction shall be imposed and any previous16 failure to participate without good cause shall not count17 as a sanctionable event in the future. If the client 18 fails to comply with the reconciliation agreement, the 19 Department shall then immediately impose the original 20 sanction. If the dispute cannot be resolved during 21 reconciliation conciliation, a sanction shall not be 22 imposed until the reconciliation conciliationprocess is 23 complete. 24 (Source: P.A. 86-1184; 86-1381; 86-1475.) 25 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8) 26 Sec. 9A-8. Operation of Program. 27 (a) At the time of application or redetermination of 28 eligibility under Article IV, as determined by rule, the 29 Illinois Department shall provide information in writing and 30 orally regarding the education, training and employment 31 program to all applicants and recipients. The information 32 required shall be established by rule, and shall include all33 information required by federal regulations,including: HB0204 Enrolled -40- LRB9001426WHmg 1 (1) education, employment and training 2 opportunities available; 3 (2) supportive services including child care; 4 (3) the obligation of the Department to provide 5 supportive services; 6 (4) the rights and responsibilities of 7 participants, including exemption and good cause criteria 8 and procedures; and 9 (5) the types and locations of child care services. 10 (b) Within the time period required by federal lawThe 11 Illinois Department shall notify the recipient in writing of 12 the opportunity to volunteer to participate in the program. 13 (c) (Blank). The Illinois Department shall provide an14 orientation to each recipient who attends, which describes15 all rights and responsibilities under the program. At the16 orientation meeting the Department shall inform the17 participant of participation requirements, distribute a copy18 of the Department handbook to participants and explain its19 contents. The Department handbook shall contain program20 information including the following:21 (1) an overview of the Department's education and22 training program;23 (2) the exemption criteria and the procedure for24 obtaining an exemption;25 (3) a description of all components, eligibility26 criteria, and specific participation requirements for27 each component;28 (4) general participation requirements;29 (5) the support services available;30 (6) the initial assessment process and reassessment31 including review of the employability plan; and32 (7) the result of the participant's failure to33 cooperate without good cause.34 Expenses for transportation and child care services shallHB0204 Enrolled -41- LRB9001426WHmg 1 be provided to enable participants to attend the orientation2 meeting, if requested.3 (d) As part of the personal plan for achieving 4 employment and self-sufficiency, the Department shall conduct 5 an individualized assessment of the participant's 6 employability. Except as to participation in the Get-A-Job 7 Program, no participant may be assigned to any component of 8 the education, training and employment activity programprior 9 to such assessment, provided that a participant may be 10 assigned up to 4 weeks of Job Search prior to such 11 assessment. The plan initial assessmentshall include 12 collection of information on the individual's background, 13 proficiencies, skills deficiencies, education level, work 14 history, employment goals, interests, aptitudes, and 15 employment preferences, as well as factors affecting 16 employability or ability to meet participation requirements 17 (e.g., health, physical or mental limitations, child care, 18 family circumstances, domestic violence, substance abuse, and 19 special and problems which may include theneeds of any child 20 of the individual). In addition, facts relevant to a21 determination of whether the individual qualifies for an22 exemption shall be elicited. A determination of whether the23 individual qualifies for an exemption may take place at any24 time the client requests or Department staff perceive a25 reason for exemption during the individual's participation in26 the program.As part of the plan assessment process, 27 individuals and Department staff shall work together to 28 identify any supportive service needs required to enable the 29 client to participate and meet the objectives of his or her 30 employability plan. The initialassessment may be conducted 31 through various methods such as interviews, testing, 32 counseling, and self-assessment instruments. The assessment 33 process shall include standard literacy testing and a 34 determination of English language proficiency for those who HB0204 Enrolled -42- LRB9001426WHmg 1 display a potential need for literacy or language services. 2 For those individuals subject to a job search demonstration, 3 there may be an abbreviated assessment, as defined by rule ,4 and neither literacy testing nor a determination of English5 language proficiency is required. Based on the initial6 assessment, the individual will be assigned to the 7 appropriate componentactivity. The decision will be based 8 on a determination of the individual's level of preparation 9 for employment as defined by rule. 10 (e) Recipients determined to be exempt may volunteer to 11 participate pursuant to Section 9A-4 and must be assessed. 12 (f) As part of the personal plan for achieving 13 employment and self-sufficiency under Section 4-1, an 14 employability plan for recipients shall be developed in 15 consultation with the participant. The Department shall have 16 final responsibility for approving the employability plan. 17 The employability plan shall: 18 (1) contain an employment goal of the participant; 19 (2) describe the services to be provided by the 20 Department, including child care and other support 21 services; 22 (3) describe the activities, such as component 23 assignment, that will be undertaken by the participant to 24 achieve the employment goal; and 25 (4) describe any other needs of the family that 26 might be met by the Department. 27 (g) The employability plan shall take into account: 28 (1) available program resources; 29 (2) the participant's support service needs; 30 (3) the participant's skills level and aptitudes; 31 (4) local employment opportunities; and 32 (5) to the maximum extent possible,the preferences 33 of the participant. 34 Additionally, the employability plan shall not beHB0204 Enrolled -43- LRB9001426WHmg 1 considered a contract, final approval of the plan rests with2 the Department and the participant shall be offered a copy of3 the employability plan.4 (h) A reassessment shall be conducted to assess a 5 participant's progress and to review the employability plan 6 on the following occasions: 7 (1) upon completion of an a componentactivity and 8 before assignment to an a componentactivity; 9 (2) upon the request of the participant; 10 (3) if the individual is not cooperating with the 11 requirements of the program; and 12 (4) if the individual has failed to make 13 satisfactory progress in an education or training 14 program. 15 Based on the reassessment, the Department may revise the 16 employability plan of the participant. 17 (Source: P.A. 89-6, eff. 3-6-95; 89-289, eff. 1-1-96; 89-626, 18 eff. 8-9-96.) 19 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9) 20 Sec. 9A-9. Program Activities Components. The Department 21 shall establish education, training and placement activities 22 componentsby rule. Not all of the same activities 23 componentsneed be provided in each county in the State. 24 Such activities componentsmay include the following: 25 (a) Education (Below post secondary). Participants who26 are determined ready to participate but in need of education27 are referred to the education component.In the Education 28 (below post secondary) activity this component, the 29 individual receives information, referral, counseling 30 services and support services to increase the individual's 31 employment potential. Participants may be referred to 32 testing, counseling and education resources. Educational 33 activities will include basic and remedial education; English HB0204 Enrolled -44- LRB9001426WHmg 1 proficiency classes; high school or its equivalency (e.g., 2 GED) or alternative education at the secondary level; and 3 with any educational program, structured study time to 4 enhance successful participation. An individual's 5 participation in an education program such as literacy, basic 6 adult education, high school equivalency (GED), or a remedial 7 program shall be limited to 2 years unless the individual 8 also is working or participating in a work activity approved 9 by the Illinois Department as defined by rule; this 10 requirement does not apply, however, to students enrolled in 11 high school. 12 (b) Job Skills Training (Vocational). Job Skills 13 Training is designed to increase the individual's ability to 14 obtain and maintain employment. Job Skills Training 15 activities will include vocational skill classes designed to 16 increase a participant's ability to obtain and maintain 17 employment. Job Skills Training may include certificate 18 programs. 19 (c) Job Readiness. The job readiness activity component20 is designed to enhance the quality of the individual's level 21 of participation in the world of work while learning the 22 necessary essentials to obtain and maintain employment. This 23 activity componenthelps individuals gain the necessary job 24 finding skills to help them find and retain employment that 25 will lead to economic independence. 26 (d) Job Search. Job Search may be conducted 27 individually or in groups. Job Search includes the provision 28 of counseling, job seeking skills training and information 29 dissemination. Group job search may include training in a 30 group session. Assignment exclusively to job search cannot be 31 in excess of 8 consecutive weeks (or its equivalent) in any 32 period of 12 consecutive months. 33 (e) Work Experience. Near job ready participants who do34 not receive aid to families with dependent children --HB0204 Enrolled -45- LRB9001426WHmg 1 unemployed, who have not found employment, and who need2 orientation to work, work experience or training, in order to3 prevent deterioration of or to enhance existing skills, may4 be referred to the Work Experience component.Work 5 Experience assignments may be with private employers or 6 not-for-profit or public agencies in the State. The Illinois 7 Department shall provide workers' compensation coverage. 8 Participants who are not members of a 2-parent assistance 9 unit may not be assigned more hours than their cash grant 10 amount plus food stamps divided by the minimum wage. Private 11 employers and not-for-profit and public agencies shall not 12 use Work Experience participants to displace regular 13 employees. Participants in Work Experience may perform work 14 in the public interest (which otherwise meets the 15 requirements of this Section) for a federal office or agency 16 with its consent, and notwithstanding the provisions of 31 17 U.S.C. 1342, or any other provision of law, such agency may 18 accept such services, but participants shall not be 19 considered federal employees for any purpose. A participant 20 shall be reassessed at the end of assignment to Work 21 Experience. The participant may be reassigned to Work 22 Experience or assigned to another activity component, based 23 on the reassessment. A participant shall not be assigned to24 Work Experience for more than a total of 6 months in any 1225 consecutive month period. This 6 month limitation does not26 apply to parents in families eligible for assistance under27 Article IV due to unemployment of the principal wage earner.28 (f) On the Job Training. In On the Job Training, a 29 participant is hired by a private or public employer and 30 while engaged in productive work receives training that 31 provides knowledge or skills essential to full and adequate 32 performance of the job. 33 (g) Work Supplementation. In work supplementation, the 34 Department pays a wage subsidy to an employer who hires a HB0204 Enrolled -46- LRB9001426WHmg 1 participant. The cash grant which a participant would receive 2 if not employed is diverted and the diverted cash grant is 3 used to pay the wage subsidy. 4 (h) Post Secondary Education. Individuals may be5 referred to post secondary education programs.Post 6 secondary education must be administered by an educational 7 institution accredited under requirements of State law. The 8 Illinois Department may not approve an individual's 9 participation in any post-secondary education program, other 10 than full-time, short-term vocational training for a specific 11 job, unless the individual also is employed part-time, as 12 defined by the Illinois Department by rule. 13 (i) Self Initiated Education. Participants who are 14 attending an institution of higher education or a vocational 15 or technical program of their own choosing at the time they16 enter the Project Chance programand who are in good 17 standing, may continue to attend and receive supportive 18 services only if the educational program is approved by the 19 Department, and is in conformity with the participant's 20 personal plan for achieving employment and self-sufficiency 21 and the participant is employed part-time, as defined by the 22 Illinois Department by rule. 23 (j) Job Development and Placement. Department staff 24 shall develop through contacts with public and private 25 employers unsubsidized job openings for participants. Job 26 interviews will be secured for clients by the marketing of 27 participants for specific job openings. Job ready individuals 28 may be assigned to Job Development and Placement. 29 (k) Job Retention. The job retention component is 30 designed to assist participants in retaining employment. 31 Initial employment expenses and job retention services are 32 provided. The individual's support service needs are assessed 33 and the individual receives counseling regarding job 34 retention skills. Counseling may continue up to 3 monthsHB0204 Enrolled -47- LRB9001426WHmg 1 after employment.2 (l) (Blank). Unemployed Parents Work Experience.3 Unemployed parents who receive aid to families with dependent4 children -- unemployed may be required to participate in the5 Unemployed Parents Work Experience component. Unemployed6 Parents Work Experience assignments shall be for at least 167 hours per week with private employers and not-for-profit and8 public agencies. Those employers and agencies may not use9 Unemployed Parents Work Experience participants to displace10 regular employees. Every Unemployed Parents Work Experience11 participant shall be reassessed at least once in every12 12-month period for participation in this component.13 (m) A parent may be required to participate in a 14 pay-after-performance program in which the parent must work a 15 specified number of hours to earn the grant. The program 16 shall comply with provisions of this Code governing work 17 experience programs. 18 (Source: P.A. 88-124; 89-289, eff. 1-1-96.) 19 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) 20 Sec. 9A-11. Child Care. 21 (a) The General Assembly recognizes that families with 22 children need child care in order to work. Child care is 23 expensive and families with low incomes, including those who 24 are transitioning from welfare to work, often struggle to pay 25 the costs of day care. The General Assembly understands the 26 importance of helping low income working families become and 27 remain self-sufficient. The General Assembly also believes 28 that it is the responsibility of families to share in the 29 costs of child care. It is also the preference of the 30 General Assembly that all working poor families should be 31 treated equally, regardless of their welfare status. 32 Department shall guarantee child care:33 (1) for each family with a dependent childHB0204 Enrolled -48- LRB9001426WHmg 1 requiring such care, to the extent that such care is2 determined by the Department to be necessary for an3 individual in the family to accept employment or remain4 employed, and to the extent resources permit; and5 (2) for each individual participating in employment6 and training activities, to the extent resources permit,7 if the Department has approved the activity and has8 determined that the individual is satisfactorily9 participating in the activity.10 (b) To the extent resources permit, the Illinois 11 Department shall provide child care services to parents or 12 other relatives as defined by rule who are working or 13 participating in employment or Department approved education 14 or training programs. At a minimum, the Illinois Department 15 shall cover the following categories of families: 16 (1) recipients of TANF under Article IV 17 participating in work and training activities as 18 specified in the personal plan for employment and 19 self-sufficiency; 20 (2) families transitioning from TANF to work; 21 (3) families at risk of becoming recipients of 22 TANF; 23 (4) families with special needs as defined by rule; 24 and 25 (5) working families with very low incomes as 26 defined by rule. 27 The Department shall specify by rule the conditions of 28 eligibility, the application process, and the types, amounts, 29 and duration of services. Eligibility for child care 30 benefits and the amount of child care provided may vary based 31 on family size, income, and other factors as specified by 32 rule. In determining income eligibility for child care 33 benefits, the Department shall establish, by rule, one income 34 threshold for each family size, in relation to percentage of HB0204 Enrolled -49- LRB9001426WHmg 1 State median income for a family of that size, that makes 2 families with incomes below the specified threshold eligible 3 for assistance and families with incomes above the specified 4 threshold ineligible for assistance. In determining 5 eligibility for assistance, the Department shall not give 6 preference to any category of recipients or give preference 7 to individuals based on their receipt of benefits under this 8 Code. It is the intent of the General Assembly that, for 9 fiscal year 1998, to the extent resources permit, the 10 Department shall establish an income eligibility threshold of 11 50% of the State median income. Notwithstanding the income 12 level at which families become eligible to receive child care 13 assistance, any family that is already receiving child care 14 assistance on the effective date of this amendatory Act of 15 1997 shall remain eligible for assistance for fiscal year 16 1998. Nothing in this Section shall be construed as 17 conferring entitlement status to eligible families. The 18 Illinois Department is authorized to lower income eligibility 19 ceilings, raise parent co-payments, create waiting lists, or 20 take such other actions during a fiscal year as are necessary 21 to ensure that child care benefits paid under this Article do 22 not exceed the amounts appropriated for those child care 23 benefits. These changes may be accomplished by emergency 24 rule under Section 5-45 of the Illinois Administrative 25 Procedure Act, except that the limitation on the number of 26 emergency rules that may be adopted in a 24-month period 27 shall not apply. The Illinois Department may contract with 28 other State agencies or child care organizations for the 29 administration of child care services. Child care shall be30 provided for a dependent child of a person receiving Aid to31 Families with Dependent Children to allow such individual to32 participate in an education or training program or related33 activities. Eligibility shall also be extended to families34 with children who meet the criteria of this Section whoHB0204 Enrolled -50- LRB9001426WHmg 1 would be dependent except for the receipt of benefits under2 the Supplemental Security Income Program (Title XVI of the3 Social Security Act, 42 U.S.C. 1381 et seq.) or the receipt4 of foster care under Title IV-E of the Social Security Act5 (42 U.S.C. 670 et seq.) and the caretaker relative is also a6 member of a household receiving Aid to Families with7 Dependent Children.8 (c) Payment shall be made for child care that otherwise 9 meets the requirements of this Section and applicable 10 standards of State and local law and regulation, including 11 any requirements the Illinois Department promulgates by rule 12 in addition to the , but not limited to,licensure 13 requirements promulgated by the Department of Children and 14 Family Services and Fire Prevention and Safety requirements 15 promulgated by the Office of the State Fire Marshal and is 16 provided in any of the following: 17 (1) a child care center which is licensed or exempt 18 from licensure pursuant to Section 2.09 of the Child Care 19 Act of 1969; 20 (2) a licensed child care home or home exempt from 21 licensing; 22 (3) a licensed group child care home; 23 (4) other types of child care, including child care 24 provided by relatives or persons living in the same home 25 as the child, as determined by the Illinois Department by 26 rule relatives and babysitters, provided, the relative is27 not the mother or father of the child or in the same28 assistance grant as the child and, provided, a29 non-relative providing care in the child's home cannot be30 in the same assistance grant as the child. 31 The provisions of this subsection are not applicable to32 families using the child care disregard.33 (d) The Illinois Department shall, by rule, require 34 co-payments for child care services by any parent, including HB0204 Enrolled -51- LRB9001426WHmg 1 parents whose only income is from assistance under this Code. 2 The co-payment shall be assessed based on a sliding scale 3 based on family income, family size, and the number of 4 children in care will provide child care for an individual5 receiving Aid to Families with Dependent Children who is6 waiting to enter an approved education or training program,7 component or employment for a period not to exceed 2 weeks or8 for a period not to exceed one month where child care9 arrangements would otherwise be lost and the subsequent10 activity is scheduled to begin within that period. 11 (e) The Illinois Department shall conduct a market rate 12 survey based on the cost of care and other relevant factors 13 which shall be completed by July 1, 1998 Rates of payment for14 child care will be made in amounts not to exceed the maximum15 rates per child as established by the Department of Children16 and Family Services. 17 (f) The Illinois Department shall, by rule, set rates to 18 be paid for the various types of child care. Child care may 19 be provided through one of the following methods: 20 (1) arranging the child care through eligible 21 providers by use of purchase of service contracts or 22 vouchers; 23 (2) arranging with other agencies and community 24 volunteer groups for non-reimbursed child care; 25 (3) (blank) using the child care disregard; or 26 (4) adopting such other arrangements as the 27 Department determines appropriate which facilitate28 service delivery and do not disadvantage the family29 receiving the service. 30 (g) Families eligible for assistance under this Section 31 shall be given the following options: 32 (1) receiving a child care certificate issued by 33 the Department or a subcontractor of the Department that 34 may be used by the parents as payment for child care and HB0204 Enrolled -52- LRB9001426WHmg 1 development services only; or 2 (2) if space is available, enrolling the child with 3 a child care provider that has a purchase of service 4 contract with the Department or a subcontractor of the 5 Department for the provision of child care and 6 development services. The Department may identify 7 particular priority populations for whom they may request 8 special consideration by a provider with purchase of 9 service contracts, provided that the providers shall be 10 permitted to maintain a balance of clients in terms of 11 household incomes and families and children with special 12 needs, as defined by rule. 13 (Source: P.A. 86-1381; 87-860.) 14 (305 ILCS 5/9A-13 new) 15 Sec. 9A-13. Work activity; anti-displacement provisions. 16 (a) As used in this Section "work activity" means any 17 workfare, earnfare, pay-after-performance, 18 work-off-the-grant, work experience, or other activity under 19 Sections 9A-9, 9A-12, or any other Section of this Code in 20 which a recipient of public assistance performs work for any 21 employer as a condition of receiving the public assistance, 22 and the employer does not pay wages for the work; or as any 23 grant diversion, wage supplementation, or similar program in 24 which the public assistance grant is provided to the employer 25 as a subsidy for the wages of any recipient in its workforce. 26 (b) An employer may not utilize a work activity 27 participant if such utilization would result in: 28 (1) the displacement or partial displacement of 29 current employees, including but not limited to a 30 reduction in hours of non-overtime or overtime work, 31 wages, or employment benefits; or 32 (2) the filling of a position that would otherwise 33 be a promotional opportunity for current employees; or HB0204 Enrolled -53- LRB9001426WHmg 1 (3) the filling of a position created by or causing 2 termination, layoff, a hiring freeze, or a reduction in 3 the workforce; or 4 (4) the placement of a participant in any 5 established unfilled vacancy; or 6 (5) the performance of work by a participant if 7 there is a strike, lockout, or other labor dispute in 8 which the employer is engaged. 9 (c) An employer who wishes to utilize work activity 10 participants shall, at least 15 days prior to utilizing such 11 participants, notify the labor organization of the name, work 12 location, and the duties to be performed by the participant. 13 (d) The Department of Human Services shall establish a 14 grievance procedure for employees and labor organizations to 15 utilize in the event of any alleged violation of this 16 Section. Notwithstanding the above, a labor organization may 17 utilize the established grievance or arbitration procedure in 18 its collective bargaining agreement to contest violations of 19 this Section. 20 (305 ILCS 5/11-6) (from Ch. 23, par. 11-6) 21 Sec. 11-6. Decisions on applications. Within 10 days 22 after a decision is reached on an application, the applicant 23 shall be notified in writing of the decision. The Department 24 shall consider eligibility for, and the notice shall contain 25 a decision on, each of the following assistance programs for 26 which the client may be eligible based on the information 27 contained in the application: Temporary Assistance to Needy 28 Families Aid to Families with Dependent Children, Medical 29 Assistance, Aid to the Aged, Blind and Disabled, General 30 Assistance (in the City of Chicago), Aid to the Medically31 Indigentand food stamps. No decision shall be required for 32 any assistance program for which the applicant has expressly 33 declined in writing to apply. If the applicant is determined HB0204 Enrolled -54- LRB9001426WHmg 1 to be eligible, the notice shall include a statement of the 2 amount of financial aid to be provided and a statement of the 3 reasons for any partial grant amounts. If the applicant is 4 determined ineligible for any public assistance the notice 5 shall include the reason why the applicant is ineligible. If 6 the application for any public assistance is denied, the 7 notice shall include a statement defining the applicant's 8 right to appeal the decision. The Illinois Department, by 9 rule, shall determine the date on which assistance shall 10 begin for applicants determined eligible. That date may be 11 no later than 30 days after the date of the application. 12 Under no circumstances may any application be denied 13 solely to meet an application-processing deadline. 14 (Source: P.A. 85-943.) 15 (305 ILCS 5/11-6.2) 16 Sec. 11-6.2. Electronic fingerprinting. 17 (a) The Illinois Department shall implement a 18 demonstration project to determine the cost-effectiveness of 19 preventing multiple enrollments of aid recipients through the 20 use of an electronic automated 2-digit fingerprint matching 21 identification system in local offices. The demonstration 22 project shall be implemented in one or more local offices in 23 each of 3 counties as follows: 24 (1) A county having a population of 3,000,000 or 25 more. 26 (2) A county contiguous to a county having a 27 population of 3,000,000 or more. 28 (3) A county having a population less than 29 3,000,000 that is not described in item (2). 30 The Illinois Department shall apply for any federal 31 waivers or approvals necessary to conduct this demonstration 32 project. The demonstration project shall become operational 33 (i) 12 months after the effective date of this amendatory Act HB0204 Enrolled -55- LRB9001426WHmg 1 of 1994 or (ii) after the Illinois Department's receipt of 2 all necessary federal waivers and approvals, whichever occurs 3 later, and shall operate for 36 12months. 4 (b) The fingerprints or their electronic representations 5 collected and maintained through the use of an automated 6 fingerprint matching identification system as authorized by 7 this Section may not be used, disclosed, or redisclosed for 8 any purpose other than the prevention of multiple enrollments 9 of aid recipients, may not be used or admitted in any 10 criminal or civil investigation, prosecution, or proceeding, 11 other than a proceeding pursuant to Article VIII-A, and may 12 not be disclosed in response to a subpoena or other 13 compulsory legal process or warrant or upon the request or 14 order of any agency, authority, division, office, or other 15 private or public entity or person, except that nothing 16 contained in this subsection prohibits disclosure in response 17 to a subpoena issued by or on behalf of the applicant or 18 recipient who is the subject of the record maintained as a 19 part of the system. A person who knowingly makes or obtains 20 any unauthorized disclosure of data collected and maintained 21 under this Section through the use of an automated 22 fingerprint matching identification system is guilty of a 23 Class A misdemeanor. Data collected and maintained on the 24 automated fingerprint matching identification system shall be 25 subject to the provisions of this Code relating to 26 unauthorized disclosure of confidential client information. 27 (c) The Illinois Department shall develop a competitive 28 request for a proposal for an automated 2-digit fingerprint 29 matching identification system and shall thereafter contract 30 for the services of a firm able to design and implement an 31 automated 2-digit fingerprint matching identification system. 32 The system shall include the use of a photographic 33 identification for every aid recipient. Before the award of a 34 contract, the Illinois Department shall certify that the HB0204 Enrolled -56- LRB9001426WHmg 1 design of the demonstration project fulfills all the 2 requirements of this Section. After the contract is awarded, 3 the Illinois Department shall insure that the demonstration 4 project is carried out in accordance with the requirements of 5 this Section and that adequate training for county department 6 staff involved with the project will be provided and shall 7 take any actions necessary to bring the demonstration project 8 into compliance with this Section. The contractual 9 arrangement shall ensure that State payments for the 10 contractor's necessary and legitimate expenses for 11 administering the demonstration project are limited to 12 amounts specified in advance and that those amounts do not 13 exceed the amounts appropriated for that purpose. 14 (d) Before the demonstration project becomes 15 operational, the Illinois Department shall give written 16 notice of the provisions of this Section to applicants for 17 and recipients of aid served by the local offices selected 18 for the demonstration project. The notice shall state that, 19 by applying or maintaining eligibility for any assistance 20 program, applicants and recipients must submit to the 21 electronic collection of their fingerprints as an additional 22 method of establishing eligibility. Applicants for and 23 recipients of aid who fail to submit to electronic 24 fingerprinting shall be declared ineligible for assistance as 25 permitted by federal waiver. An applicant for aid whose 26 application is denied, or a recipient of aid whose case is 27 cancelled, in any demonstration location after the 28 demonstration project begins but before the applicant or 29 recipient has submitted to electronic fingerprinting may be 30 required to submit to electronic fingerprinting before 31 re-establishing eligibility for assistance in any other 32 office. 33 (e) This Section does not authorize or permit the 34 termination, suspension, or diminution of aid except as HB0204 Enrolled -57- LRB9001426WHmg 1 elsewhere specifically authorized in this Code. If the basis 2 of a proposed sanction is a determination of a fraudulent 3 multiple enrollment based on the use of an automated 4 fingerprint matching identification system authorized 5 pursuant to this Section, the sanction may not be imposed 6 unless the county department has verified the results of the 7 automated fingerprint matching identification system by means 8 of a manual match conducted by a person who is qualified to 9 perform fingerprint identifications. 10 (f) The Illinois Department shall conduct periodic 11 audits to monitor compliance with all laws and regulations 12 regarding the automated fingerprint matching identification 13 system to insure that: (i) any records maintained as part 14 of the system are accurate and complete; (ii) effective 15 software and hardware designs have been instituted with 16 security features to prevent unauthorized access to records; 17 (iii) access to record information system facilities, systems 18 operating environments, and data file contents, whether while 19 in use or when stored in a media library, is restricted to 20 authorized personnel; (iv) operational programs are used that 21 will prohibit inquiry, record updates, or destruction of 22 records from any terminal other than automated fingerprint 23 matching identification system terminals that are so 24 designated; (v) operational programs are used to detect and 25 store for the output of designated Illinois Department and 26 county department employees all unauthorized attempts to 27 penetrate any electronic automated fingerprint matching 28 identification system, program, or file; and (vi) adequate 29 and timely procedures exist to insure the recipient's or 30 applicant's right to access and review of records for the 31 purpose of accuracy and completeness, including procedures 32 for review of information maintained about those individuals 33 and for administrative review (including procedures for 34 administrative appeal) and necessary correction of any claim HB0204 Enrolled -58- LRB9001426WHmg 1 by the individual to whom the information relates that the 2 information is inaccurate or incomplete. 3 (g) On or before December 1, 1997, the Illinois 4 Department shall report to the Governor and the General 5 Assembly concerning the operation of the demonstration 6 project. The report shall include an analysis of the 7 cost-effectiveness of the demonstration project, information 8 concerning instances of multiple enrollments detected through 9 use of the electronic automated fingerprint matching 10 identification system, and a detailed summary of the results 11 of audits required by subsection (f). The report shall 12 include recommendations regarding whether the program should 13 be discontinued, expanded, or otherwise modified. 14 (h) The Illinois Department shall apply for all waivers 15 of federal law and regulations necessary to conduct the 16 demonstration project under this Section. 17 (i) The Illinois Department may establish a retinal eye 18 identification system instead of an electronic fingerprinting 19 system in one of the sites described in subsection (a). Any 20 retinal eye identification system must comply with the 21 requirements of subsections (a) through (h) as they apply to 22 retinal eye identification. 23 (Source: P.A. 88-554, eff. 7-26-94.) 24 (305 ILCS 5/11-8) (from Ch. 23, par. 11-8) 25 Sec. 11-8. Appeals - To Whom taken. Applicants or 26 recipients of aid may, at any time within 60 days after the 27 decision of the County Department or local governmental unit, 28 as the case may be, appeal a decision denying or terminating 29 aid, or granting aid in an amount which is deemed inadequate, 30 or changing, cancelling, revoking or suspending grants as 31 provided in Section 11-16, or determining to make a 32 protective payment under the provisions of Sections 3-5a or 33 4-9, or a decision by an administrative review board to HB0204 Enrolled -59- LRB9001426WHmg 1 impose administrative safeguards as provided in Section 8A-8. 2 An appeal shall also lie when an application is not acted 3 upon within the 30 days after the filing of the application,4 or within a differenttime period after filing of the 5 application as provided by rule of the Illinois Department ,6 if an adjustment is necessary to conform with Federal7 requirements. 8 If an appeal is not made, the action of the County 9 Department or local governmental unit shall be final. 10 Appeals by applicants or recipients under Articles III, 11 IV, V or VII shall be taken to the Illinois Department. 12 Appeals by applicants or recipients under Article VI 13 shall be taken as follows: 14 (1) In counties under township organization (except 15 such counties in which the governing authority is a Board 16 of Commissioners) appeals shall be to a Public Aid 17 Committee consisting of the Chairman of the County Board, 18 and 4 members who are township supervisors of general 19 assistance, appointed by the Chairman, with the advice 20 and consent of the county board. 21 (2) In counties in excess of 3,000,000 population 22 and under township organization in which the governing 23 authority is a Board of Commissioners, appeals of persons 24 from government units outside the corporate limits of a 25 city, village or incorporated town of more than 500,000 26 population, and of persons from incorporated towns which 27 have superseded civil townships in respect to aid under 28 Article VI, shall be to a Public Aid Committee consisting 29 of 2 supervisors and 3 persons knowledgeable in the area 30 of General Assistance and the regulations of the Illinois 31 Department pertaining thereto and who are not officers, 32 agents or employees of any township. The 5 member 33 committee shall be appointed by the township supervisors. 34 The first appointments shall be made with one person HB0204 Enrolled -60- LRB9001426WHmg 1 serving a one year term, 2 persons serving a 2 year term, 2 and 2 persons serving a 3 year term. Committee members 3 shall thereafter serve 3 year terms. In any appeal 4 involving a local governmental unit whose supervisor of 5 general assistance is a member of the Committee, such 6 supervisor shall not act as a member of the Committee for 7 the purposes of such appeal. 8 (3) In counties described in paragraph (2) appeals 9 of persons from a city, village or incorporated town of 10 more than 500,000 population shall be to a Commissioner 11 of Appeals, appointed as an employee of the County 12 Department of Public Aid in accordance with and subject 13 to the provisions of Section 12-21.3. 14 (4) In counties not under township organization, 15 appeals shall be to the County Board of Commissioners 16 which shall for this purpose be the Public Aid Committee 17 of the County. 18 In counties designated in paragraph (1) the Chairman or 19 President of the County Board shall appoint, with the advice 20 and consent of the county board, one or more alternate 21 members of the Public Aid Committee. All regular and 22 alternate members shall be Supervisors of General Assistance. 23 In any appeal involving a local governmental unit whose 24 Supervisor of General Assistance is a member of the 25 Committee, he shall be replaced for that appeal by an 26 alternate member designated by the Chairman or President of 27 the County Board, with the advice and consent of the county 28 board. In these counties not more than 3 of the 5 regular 29 appointees shall be members of the same political party 30 unless the political composition of the Supervisors of the 31 General Assistance precludes such a limitation. In these 32 counties at least one member of the Public Aid Committee 33 shall be a person knowledgeable in the area of general 34 assistance and the regulations of the Illinois Department HB0204 Enrolled -61- LRB9001426WHmg 1 pertaining thereto. If no member of the Committee possesses 2 such knowledge, the Illinois Department shall designate an 3 employee of the Illinois Department having such knowledge to 4 be present at the Committee hearings to advise the Committee. 5 In every county the County Board shall provide facilities 6 for the conduct of hearings on appeals under Article VI. All 7 expenses incident to such hearings shall be borne by the 8 county except that in counties under township organization in 9 which the governing authority is a Board of Commissioners (1) 10 the salary and other expenses of the Commissioner of Appeals 11 shall be paid from General Assistance funds available for 12 administrative purposes, and (2) all expenses incident to 13 such hearings shall be borne by the township and the per diem 14 and traveling expenses of the township supervisors serving on 15 the Public Aid Committee shall be fixed and paid by their 16 respective townships. In all other counties the members of 17 the Public Aid Committee shall receive the compensation and 18 expenses provided by law for attendance at meetings of the 19 County Board. 20 In appeals under Article VI involving a governmental unit 21 receiving State funds, the Public Aid Committee and the 22 Commissioner of Appeals shall be bound by the rules and 23 regulations of the Illinois Department which are relevant to 24 the issues on appeal, and shall file such reports concerning 25 appeals as the Illinois Department requests. 26 An appeal shall be without cost to the appellant and 27 shall be made, at the option of the appellant, either upon 28 forms provided and prescribed by the Illinois Department or, 29 for appeals to a Public Aid Committee, upon forms prescribed 30 by the County Board; or an appeal may be made by calling a 31 toll-free number provided for that purpose by the Illinois 32 Department and providing the necessary information. The 33 Illinois Department may assist County Boards or a 34 Commissioner of Appeals in the preparation of appeal forms, HB0204 Enrolled -62- LRB9001426WHmg 1 or upon request of a County Board or Commissioner of Appeals 2 may furnish such forms. County Departments and local 3 governmental units shall render all possible aid to persons 4 desiring to make an appeal. The provisions of Sections 11-8.1 5 to 11-8.7, inclusive, shall apply to all such appeals. 6 (Source: P.A. 87-630.) 7 (305 ILCS 5/11-8.6) (from Ch. 23, par. 11-8.6) 8 Sec. 11-8.6. Decision-Time and effect. 9 A decision on appeal shall be given to the interested 10 parties within 90 60days from the date of the filing of the 11 appeal, unless additional time is required for a proper 12 disposition of the appeal. All decisions on appeals shall be 13 binding upon and complied with by the County Departments and 14 local governmental units. 15 (Source: Laws 1967, p. 2302.) 16 (305 ILCS 5/11-16) (from Ch. 23, par. 11-16) 17 Sec. 11-16. Changes in grants; cancellations, 18 revocations, suspensions. All grants of financial aid under 19 this Code shall be considered as frequently as may be 20 required by the rules of the Illinois Department. After such 21 investigation as may be necessary, the amount and manner of 22 giving aid may be changed or the aid may be entirely 23 withdrawn if the County Department, local governmental unit, 24 or Illinois Department finds that the recipient's 25 circumstances have altered sufficiently to warrant such 26 action. Financial aid may at any time be canceled or revoked 27 for cause or suspended for such period as may be proper. 28 (b) Whenever any such grant of financial aid is 29 cancelled, revoked, reduced, or terminated because of the 30 failure of the recipient to cooperate with the Department, 31 including but not limited to the failure to keep an 32 appointment, attend a meeting, or produce proof or HB0204 Enrolled -63- LRB9001426WHmg 1 verification of eligibility or need, the grant shall be 2 reinstated in full, retroactive to the date of the change in 3 or termination of the grant, provided that within 10 working 4 days after the first day the financial aid would have been 5 available, the recipient cooperates with the Department and 6 is not otherwise ineligible for benefits for the period in 7 question. This subsection (b) does not apply to sanctions 8 imposed for the failure of any recipient to participate as 9 required in the child support enforcement program or in any 10 educational, training, or employment program under this Code 11 or any other sanction under Section 4-21, nor does this 12 subsection (b) apply to any cancellation, revocation, 13 reduction, termination, or sanction imposed for the failure 14 of any recipient to cooperate in the monthly reporting 15 process or the quarterly reporting process. 16 (Source: P.A. 87-860; 87-1273; 88-554, eff. 7-26-94.) 17 (305 ILCS 5/11-20) (from Ch. 23, par. 11-20) 18 Sec. 11-20. Employment Registration - Persons "Able to 19 Engage in Employment" - Duty to Accept Employment - 20 Conditions Under Which Employment May Be Refused - 21 Exemptions ). This Section applies to employment and training 22 programs other than those for recipients of assistance under 23 Article IV. 24 (1) Each applicant or recipient and dependent member of 25 the family age 16 or over who is able to engage in employment 26 and who is unemployed, or employed for less than the full 27 working time for the occupation in which he or she is 28 engaged, shall maintain a current registration for employment 29 or additional employment with the system of free public 30 employment offices maintained in this State by the State 31 Department of Employment Security under "An Act relating to 32 employment offices and agencies", approved May 11, 1903, as 33 amended, and shall utilize the job placement services and HB0204 Enrolled -64- LRB9001426WHmg 1 other facilities of such offices unless the Illinois 2 Department otherwise provides by rule for programs 3 administered by the Illinois Department. 4 (2) Every person age 16 or over shall be deemed "able to 5 engage in employment", as that term is used herein, unless 6 (a) the person has an illness certified by the attending 7 practitioner as precluding his or her engagement in 8 employment of any type for a time period stated in the 9 practitioner's certification; or (b) the person has a 10 medically determinable physical or mental impairment, disease 11 or loss of indefinite duration and of such severity that he 12 or she cannot perform labor or services in any type of 13 gainful work which exists in the national economy, including 14 work adjusted for persons with physical or mental handicap; 15 or (c) the person is among the classes of persons exempted by 16 paragraph 5 of this Section. A person described in clauses 17 (a), (b) or (c) of the preceding sentence shall be classified 18 as "temporarily unemployable". The Illinois Department shall 19 provide by rule for periodic review of the circumstances of 20 persons classified as "temporarily unemployable". 21 (3) The Illinois Department shall provide through rules 22 and regulations for sanctions against applicants and 23 recipients of aid under this Code who fail or refuse to 24 cooperate, without good cause, as defined by rule of the 25 Illinois Department, to accept a bona fide offer of 26 employment in which he or she is able to engage either in the 27 community of the person's residence or within reasonable 28 commuting distance therefrom. 29 Individuals receiving aid under Article IV of this Code30 who fail to cooperate with the regulations and requirements31 established pursuant to this Section, may lose their32 eligibility to receive aid under Article IV of this Code for33 up to 3 months for the first occurrence and for up to 634 months for the second and subsequent occurrences. If theHB0204 Enrolled -65- LRB9001426WHmg 1 sanctioned individual is not the principal earner as defined2 by Federal law in an assistance unit receiving aid under3 Article IV of this Code, only that individual is ineligible4 for public assistance during the sanction period. If the5 sanctioned individual is the principal earner in an6 assistance unit receiving aid under Article IV of this Code,7 the entire assistance unit is ineligible for public8 assistance during the sanction period.9 The Illinois Department may provide by rule for the grant 10 or continuation of aid for a temporary period, if federal law 11 or regulation so permits or requires, to a person who refuses 12 employment without good cause if he or she accepts counseling 13 or other services designed to increase motivation and 14 incentives for accepting employment. 15 (4) Without limiting other criteria which the Illinois 16 Department may establish, it shall be good cause of refusal 17 if 18 (a) the wage does not meet applicable minimum wage 19 requirements, or 20 (b) there being no applicable minimum wage as determined 21 in (a), the wage is certified by the Illinois Department of 22 Labor as being less than that which is appropriate for the 23 work to be performed. 24 (c) acceptance of the offer involves a substantial 25 threat to the health or safety of the person or any of his or 26 her dependents. 27 (5) The requirements of registration and acceptance of 28 employment shall not apply (a) to a parent or other person 29 needed at home to provide personal care and supervision to a 30 child or children unless, in accordance with the rules and 31 regulations of the Illinois Department, suitable arrangements 32 have or can be made for such care and supervision during the 33 hours of the day the parent or other person is out of the 34 home because of employment; (b) to a person age 16 or over in HB0204 Enrolled -66- LRB9001426WHmg 1 regular attendance in school, as defined in Section 4-1.1; or 2 (c) to a person whose presence in the home on a substantially 3 continuous basis is required because of the illness or 4 incapacity of another member of the household. 5 The Illinois Department may implement a demonstration 6 project limited to one county of less than 3 million 7 population that would require registration for and acceptance 8 of employment by parents or another person needed at home to 9 provide personal care and supervision to a child or children 10 age 3 and over, as allowed by federal law and subject to 11 rules and regulations of the Illinois Department, provided 12 suitable arrangements have been or can be made for such care 13 and supervision during the hours of the day the parents or 14 other person are out of the home because of employment. Such 15 suitable arrangements must meet standards and requirements 16 established under the Child Care Act of 1969, as now or 17 hereafter amended. Such requirements shall not apply to 18 parents or another caretaker with a child or children at home 19 under the age of 3. 20 (Source: P.A. 85-1156.) 21 (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4) 22 (Text of Section before amendment by P.A. 89-507) 23 Sec. 12-4.4. Administration of federally-aided programs. 24 Direct County Departments of Public Aid in the administration 25 of the federally funded food stamp program, programs to aid 26 refugees and Articles III, IV, V and VII of this Code. The 27 Illinois Department may also, upon its own motion, review any 28 decision made by a County Department and consider any 29 application upon which a decision has not been made by the 30 County Department within 30 days. It may require a County 31 Department to transmit its files and all papers and documents 32 pertaining to any applicant or recipient. 33 Beginning July 1, 1992, or upon approval by the Food and HB0204 Enrolled -67- LRB9001426WHmg 1 Nutrition Service of the United States Department of 2 Agriculture, the Illinois Department shall operate a Food 3 Stamp Employment and Training (FSE&T) program in compliance 4 with federal law. The FSE&T program will have an Earnfare 5 component. The Earnfare component shall be available in 6 selected geographic areas based on criteria established by 7 the Illinois Department by rule. Participants in Earnfare 8 will, to the extent resources allow, earn their assistance. 9 Participation in the Earnfare program is voluntary, except 10 when ordered by a court of competent jurisdiction. 11 Eligibility for Earnfare shall be limited to only 6 months 12 out of any 12 consecutive month period. Clients are not 13 entitled to be placed in an Earnfare slot. Earnfare slots 14 shall be made available only as resources permit. Earnfare 15 shall be available to persons receiving food stamps who meet 16 eligibility criteria established by the Illinois Department 17 by rule. Receipt of food stamps is not an eligibility 18 requirement of Earnfare when a court of competent 19 jurisdiction orders an individual to participate in the 20 Earnfare Program. To the extent resources permit, the 21 Earnfare program will allow participants to engage in 22 work-related activities to earn monthly financial assistance 23 payments and to improve participants' employability in order 24 for them to succeed in obtaining employment. The Illinois 25 Department may enter into contracts with other public 26 agencies including State agencies, with local governmental 27 units, and with not-for-profit community based organizations 28 to carry out the elements of the Program that the Department 29 deems appropriate. 30 The Earnfare Program shall contain the following 31 elements: 32 (1) To the extent resources allow and slots exist, 33 the Illinois Department shall refer recipients of food 34 stamp assistance who meet eligibility criteria, as HB0204 Enrolled -68- LRB9001426WHmg 1 established by rule. Receipt of food stamps is not an 2 eligibility requirement of Earnfare when a court of 3 competent jurisdiction orders an individual to 4 participate in the Earnfare Program. 5 (2) Persons participating in Earnfare shall engage 6 in employment assigned activities equal to the amount of 7 the food stamp benefits divided by the federal minimum 8 wage and subsequently shall earn minimum wage assistance 9 for each additional hour of performance in Earnfare 10 activity. Earnfare participants shall be offered the 11 opportunity to earn up to $154. The Department may 12 establish a higher amount by rule provided resources 13 permit. If a court of competent jurisdiction orders an 14 individual to participate in the Earnfare program, hours 15 engaged in employment assigned activities shall first be 16 applied for a $50 payment made to the custodial parent as 17 a support obligation. If the individual receives food 18 stamps, the individual shall engage in employment 19 assigned activities equal to the amount of the food stamp 20 benefits divided by the federal minimum wage and 21 subsequently shall earn minimum wage assistance for each 22 additional hour of performance in Earnfare activity. 23 (3) To the extent appropriate slots are available, 24 the Illinois Department shall assign Earnfare 25 participants to Earnfare activities based on an 26 assessment of the person's age, literacy, education, 27 educational achievement, job training, work experience, 28 and recent institutionalization, whenever these factors 29 are known to the Department or to the contractor and are 30 relevant to the individual's success in carrying out the 31 assigned activities and in ultimately obtaining 32 employment. 33 (4) The Department shall consider the participant's 34 preferences and personal employment goals in making HB0204 Enrolled -69- LRB9001426WHmg 1 assignments to the extent administratively possible and 2 to the extent that resources allow. 3 (5) The Department may enter into cooperative 4 agreements with local governmental units (which may, in 5 turn, enter into agreements with not-for-profit community 6 based organizations): with other public, including State, 7 agencies; directly with not-for-profit community based 8 organizations, and with private employers to create 9 Earnfare activities for program participants. 10 (6) To the extent resources permit, the Department 11 shall provide the Earnfare participants with the costs of 12 transportation in looking for work and in getting to and 13 from the assigned Earnfare job site and initial expenses 14 of employment. 15 (7) All income and asset limitations of the Federal 16 Food Stamp Program will govern continued Earnfare 17 participation, except that court ordered participants 18 shall participate for 6 months unless the court orders 19 otherwise. 20 (8) Earnfare participants shall not displace or 21 substitute for regular, full time or part time employees, 22 regardless of whether or not the employee is currently 23 working, on a leave of absence or in a position or 24 similar position where a layoff has taken place or the 25 employer has terminated the employment of any regular 26 employee or otherwise reduced its workforce with the 27 effect of filling the vacancy so created with a 28 participant subsidized under this program, or is or has 29 been involved in a labor dispute between a labor 30 organization and the sponsor. 31 (9) Persons who fail to cooperate with the FSE&T 32 program shall become ineligible for food stamp assistance 33 according to Food Stamp regulations, and for Earnfare 34 participation. Failure to participate in Earnfare for HB0204 Enrolled -70- LRB9001426WHmg 1 all of the hours assigned is not a failure to cooperate 2 unless so established by the employer pursuant to 3 Department rules. If a person who is ordered by a court 4 of competent jurisdiction to participate in the Earnfare 5 Program fails to cooperate with the Program, the person 6 shall be referred to the court for failure to comply with 7 the court order. 8 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95.) 9 (Text of Section after amendment by P.A. 89-507) 10 Sec. 12-4.4. Administration of federally-aided programs. 11 Direct County Departments of Public Aid in the administration 12 of the federally funded food stamp program, programs to aid 13 refugees and Articles III, IV, V and VII of this Code. The 14 Illinois Department of Human Services may also, upon its own 15 motion, review any decision made by a County Department and 16 consider any application upon which a decision has not been 17 made by the County Department within 30 days. It may require 18 a County Department to transmit its files and all papers and 19 documents pertaining to any applicant or recipient. 20 Beginning July 1, 1992, or upon approval by the Food and 21 Nutrition Service of the United States Department of 22 Agriculture, the Illinois Department of Human Services shall 23 operate a Food Stamp Employment and Training (FSE&T) program 24 in compliance with federal law. The FSE&T program will have 25 an Earnfare component. The Earnfare component shall be 26 available in selected geographic areas based on criteria 27 established by the Illinois Department of Human Services by 28 rule. Participants in Earnfare will, to the extent resources 29 allow, earn their assistance. Participation in the Earnfare 30 program is voluntary, except when ordered by a court of 31 competent jurisdiction. Eligibility for Earnfare may shall32 be limited to only 6 months out of any 12 consecutive month 33 period. Clients are not entitled to be placed in an Earnfare 34 slot. Earnfare slots shall be made available only as HB0204 Enrolled -71- LRB9001426WHmg 1 resources permit. Earnfare shall be available to persons 2 receiving food stamps who meet eligibility criteria 3 established by the Illinois Department of Human Services by 4 rule. The Illinois Department may, by rule, extend the 5 Earnfare Program to clients who do not receive food stamps. 6 Receipt of food stamps is not an eligibility requirement of 7 Earnfare when a court of competent jurisdiction orders an 8 individual to participate in the Earnfare Program. To the 9 extent resources permit, the Earnfare program will allow 10 participants to engage in work-related activities to earn 11 monthly financial assistance payments and to improve 12 participants' employability in order for them to succeed in 13 obtaining employment. The Illinois Department of Human 14 Services may enter into contracts with other public agencies 15 including State agencies, with local governmental units, and 16 with not-for-profit community based organizations to carry 17 out the elements of the Program that the Department of Human 18 Services deems appropriate. 19 The Earnfare Program shall contain the following 20 elements: 21 (1) To the extent resources allow and slots exist, 22 the Illinois Department of Human Services shall refer 23 recipients of food stamp assistance who meet eligibility 24 criteria, as established by rule. Receipt of food stamps 25 is not an eligibility requirement of Earnfare when a 26 court of competent jurisdiction orders an individual to 27 participate in the Earnfare Program. 28 (2) Persons participating in Earnfare shall engage 29 in employment assigned activities equal to the amount of 30 the food stamp benefits divided by the federal minimum 31 wage and subsequently shall earn minimum wage assistance 32 for each additional hour of performance in Earnfare 33 activity. Earnfare participants shall be offered the 34 opportunity to earn up to $154. The Department of Human HB0204 Enrolled -72- LRB9001426WHmg 1 Services may establish a higher amount by rule provided 2 resources permit. If a court of competent jurisdiction 3 orders an individual to participate in the Earnfare 4 program, hours engaged in employment assigned activities 5 shall first be applied for a $50 payment made to the 6 custodial parent as a support obligation. If the 7 individual receives food stamps, the individual shall 8 engage in employment assigned activities equal to the 9 amount of the food stamp benefits divided by the federal 10 minimum wage and subsequently shall earn minimum wage 11 assistance for each additional hour of performance in 12 Earnfare activity. 13 (3) To the extent appropriate slots are available, 14 the Illinois Department of Human Services shall assign 15 Earnfare participants to Earnfare activities based on an 16 assessment of the person's age, literacy, education, 17 educational achievement, job training, work experience, 18 and recent institutionalization, whenever these factors 19 are known to the Department of Human Services or to the 20 contractor and are relevant to the individual's success 21 in carrying out the assigned activities and in ultimately 22 obtaining employment. 23 (4) The Department of Human Services shall consider 24 the participant's preferences and personal employment 25 goals in making assignments to the extent 26 administratively possible and to the extent that 27 resources allow. 28 (5) The Department of Human Services may enter into 29 cooperative agreements with local governmental units 30 (which may, in turn, enter into agreements with 31 not-for-profit community based organizations): with other 32 public, including State, agencies; directly with 33 not-for-profit community based organizations, and with 34 private employers to create Earnfare activities for HB0204 Enrolled -73- LRB9001426WHmg 1 program participants. 2 (6) To the extent resources permit, the Department 3 of Human Services shall provide the Earnfare participants 4 with the costs of transportation in looking for work and 5 in getting to and from the assigned Earnfare job site and 6 initial expenses of employment. 7 (7) All income and asset limitations of the Federal 8 Food Stamp Program will govern continued Earnfare 9 participation, except that court ordered participants 10 shall participate for 6 months unless the court orders 11 otherwise. 12 (8) Earnfare participants shall not displace or 13 substitute for regular, full time or part time employees, 14 regardless of whether or not the employee is currently 15 working, on a leave of absence or in a position or 16 similar position where a layoff has taken place or the 17 employer has terminated the employment of any regular 18 employee or otherwise reduced its workforce with the 19 effect of filling the vacancy so created with a 20 participant subsidized under this program, or is or has 21 been involved in a labor dispute between a labor 22 organization and the sponsor. 23 (9) Persons who fail to cooperate with the FSE&T 24 program shall become ineligible for food stamp assistance 25 according to Food Stamp regulations, and for Earnfare 26 participation. Failure to participate in Earnfare for 27 all of the hours assigned is not a failure to cooperate 28 unless so established by the employer pursuant to 29 Department of Human Services rules. If a person who is 30 ordered by a court of competent jurisdiction to 31 participate in the Earnfare Program fails to cooperate 32 with the Program, the person shall be referred to the 33 court for failure to comply with the court order. 34 (Source: P.A. 89-6, eff. 3-6-95; 89-21, eff. 7-1-95; 89-507, HB0204 Enrolled -74- LRB9001426WHmg 1 eff. 7-1-97.) 2 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11) 3 (Text of Section before amendment by P.A. 89-507) 4 Sec. 12-4.11. Standards of assistance; content; 5 limitations; grant amounts. Establish specific standards, by 6 rule, by which grant amounts and need for public aid will be 7 determined and amend the standards from time to time as 8 circumstances may require. 9 The standards shall provide a livelihood compatible with 10 health and well-being for persons eligible for financial aid 11 under any Article of this Code. They shall include 12 recognition of any special needs occasioned by the handicaps 13 and infirmities of age, blindness, or disability. They shall 14 include recognition of the special clothing needs of school 15 age children occasioned by cold weather conditions during the 16 winter season. Standards established to determine the 17 eligibility of medically indigent persons for aid under 18 Articles V or VII shall take into account the requirements of 19 the spouse or other dependent or dependents of the applicant 20 for medical aid. 21 The quantity and quality of the items included in the 22 standards established for food, clothing, and other basic 23 maintenance needs shall take account of the buying and 24 consumption patterns of self-supporting persons and families 25 of low income, as determined from time to time by the United 26 States Department of Agriculture, the United States Bureau of 27 Labor Statistics, and other nationally recognized research 28 authorities in the fields of nutrition and family living. 29 The items in the standards shall be priced annually for 30 changes in cost, as provided in Section 12-4.15, and prices 31 of the standards adjusted as indicated by the findings of 32 these surveys. The Department, with due regard for and 33 subject to budgetary limitations, shall establish grant HB0204 Enrolled -75- LRB9001426WHmg 1 amounts for each of the programs, by regulation. The grant 2 amounts may be less than the prices of the standards and may 3 vary by program, size of assistance unit and geographic area 4 and may be established in the form of a percentage of the 5 standards for any or all programs. Beginning July 1, 1991, 6 the annual appropriations law of the Illinois Department of 7 Public Aid shall, in respect to Articles IV and VI, specify 8 the percentage of the current Standard of Need, that the 9 current fiscal year appropriation is intended to cover as of 10 the beginning of that fiscal year. Nothing in the preceding 11 sentence shall be construed to require any grant increase at 12 any time during the remainder of that fiscal year. 13 In recognition of the inability of low income households 14 to afford the rising costs of energy, payments made by the 15 Department under Articles IV and VI shall include an amount 16 of money to offset, in whole or in part, the costs of energy 17 associated with seasonal variations. The Department may by 18 rule establish the amount of such energy payments which may 19 vary in accordance with the size of the assistance unit. The 20 Department for reasons of administrative simplicity may 21 provide the amounts in equal monthly payments. 22 During the first month that the Department pays grants 23 which include amounts authorized in the preceding paragraph, 24 the grant amounts for all sized assistance units within each 25 program the Department administers under Article IV of this 26 Code and for assistance units of more than one person under 27 Article VI of this Code shall be adjusted to approach more 28 closely a single percentage of the standard of assistance 29 established under this Section, with grant amounts expressed 30 in whole dollar amounts. The percentage used for Article IV 31 need not be the same percentage used for Article VI. Energy 32 Assistance money provided in a separate payment and 33 identified as being exclusively for energy assistance shall 34 not be considered as a part of the grant for the purposes of HB0204 Enrolled -76- LRB9001426WHmg 1 this paragraph; all of the grant amount, including any 2 portion thereof that may be provided for the purpose of 3 energy assistance provided under the preceding paragraph, 4 shall be considered under this paragraph. 5 Aid payments shall not be reduced except: (1) for changes 6 in the cost of items included in the standards, or (2) for 7 changes in the expenses of the recipient, or (3) for changes 8 in the income or resources available to the recipient, or (4) 9 for changes in grants resulting from adoption of a 10 consolidated standard, or (5) to accomplish the adjustment 11 described in the preceding paragraph, or (6) beginning July 12 1, 1992, to reduce grant amounts for recipients of cash 13 assistance under Sections 3-1a and 6-11 of this Code during 14 fiscal year 1993. 15 If recipients can obtain adequate shelter only if a 16 security deposit is given the landlord, the Department may 17 furnish one month's rent as a security deposit. This 18 provision shall be operative only to the extent that it does 19 not foster the granting of duplicate assistance. 20 In fixing standards to govern payments or reimbursements 21 for funeral and burial expenses, the Department shall take 22 into account the services essential to a dignified, low-cost 23 funeral and burial, but no payment shall be authorized from 24 public aid funds for the funeral in excess of $630, exclusive 25 of reasonable amounts as may be necessary for burial space 26 and cemetery charges, and any applicable taxes or other 27 required governmental fees or charges. The Department shall 28 authorize no payment in excess of $315 for a cemetery burial. 29 Nothing contained in this Section or in any other Section 30 of this Code shall be construed to prohibit the Illinois 31 Department (1) from consolidating existing standards on the 32 basis of any standards which are or were in effect on, or 33 subsequent to July 1, 1969, or (2) from employing any 34 consolidated standards in determining need for public aid and HB0204 Enrolled -77- LRB9001426WHmg 1 the amount of money payment or grant for individual 2 recipients or recipient families. 3 Notwithstanding any other provision of this Code to the 4 contrary, the Illinois Department is authorized to reduce 5 payment levels under Article VI as necessary to implement 6 contingency reserves under the Emergency Budget Act of Fiscal 7 Year 1992, to the extent permitted by federal law. Any such 8 reduction shall expire on July 1, 1992. 9 (Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528; 10 87-838; 87-860.) 11 (Text of Section after amendment by P.A. 89-507) 12 Sec. 12-4.11. Standards of assistance; content;13 limitations;Grant amounts. Establish specific standards, by14 rule, by which grant amounts and need for public aid will be15 determined and amend the standards from time to time as16 circumstances may require.17 The standards shall provide a livelihood compatible with18 health and well-being for persons eligible for financial aid19 under any Article of this Code. They shall include20 recognition of any special needs occasioned by the handicaps21 and infirmities of age, blindness, or disability. They shall22 include recognition of the special clothing needs of school23 age children occasioned by cold weather conditions during the24 winter season. Standards established to determine the25 eligibility of medically indigent persons for aid under26 Articles V or VII shall take into account the requirements of27 the spouse or other dependent or dependents of the applicant28 for medical aid.29 The quantity and quality of the items included in the30 standards established for food, clothing, and other basic31 maintenance needs shall take account of the buying and32 consumption patterns of self-supporting persons and families33 of low income, as determined from time to time by the United34 States Department of Agriculture, the United States Bureau ofHB0204 Enrolled -78- LRB9001426WHmg 1 Labor Statistics, and other nationally recognized research2 authorities in the fields of nutrition and family living.3 The items in the standards shall be priced annually for4 changes in cost, as provided in Section 12-4.15, and prices5 of the standards adjusted as indicated by the findings of6 these surveys.The Department, with due regard for and 7 subject to budgetary limitations, shall establish grant 8 amounts for each of the programs, by regulation. The grant 9 amounts may be less than the prices of the standards andmay 10 vary by program, size of assistance unit and geographic area. 11 and may be established in the form of a percentage of the12 standards for any or all programs. Beginning July 1, 1991,13 the annual appropriations law of the Illinois Department14 shall, in respect to Articles IV and VI, specify the15 percentage of the current Standard of Need, that the current16 fiscal year appropriation is intended to cover as of the17 beginning of that fiscal year. Nothing in the preceding18 sentence shall be construed to require any grant increase at19 any time during the remainder of that fiscal year.20 In recognition of the inability of low income households21 to afford the rising costs of energy, payments made by the22 Department under Articles IV and VI shall include an amount23 of money to offset, in whole or in part, the costs of energy24 associated with seasonal variations. The Department may by25 rule establish the amount of such energy payments which may26 vary in accordance with the size of the assistance unit. The27 Department for reasons of administrative simplicity may28 provide the amounts in equal monthly payments.29 During the first month that the Department pays grants30 which include amounts authorized in the preceding paragraph,31 the grant amounts for all sized assistance units within each32 program the Department administers under Article IV of this33 Code and for assistance units of more than one person under34 Article VI of this Code shall be adjusted to approach moreHB0204 Enrolled -79- LRB9001426WHmg 1 closely a single percentage of the standard of assistance2 established under this Section, with grant amounts expressed3 in whole dollar amounts. The percentage used for Article IV4 need not be the same percentage used for Article VI. Energy5 Assistance money provided in a separate payment and6 identified as being exclusively for energy assistance shall7 not be considered as a part of the grant for the purposes of8 this paragraph; all of the grant amount, including any9 portion thereof that may be provided for the purpose of10 energy assistance provided under the preceding paragraph,11 shall be considered under this paragraph.12 Aid payments shall not be reduced except: (1) for changes 13 in the cost of items included in the grant amounts standards, 14 or (2) for changes in the expenses of the recipient, or (3) 15 for changes in the income or resources available to the 16 recipient, or (4) for changes in grants resulting from 17 adoption of a consolidated grant amount standard, or (5) to18 accomplish the adjustment described in the preceding19 paragraph, or (6)beginning July 1, 1992, to reduce grant 20 amounts for recipients of cash assistance under Sections 3-1a 21 and 6-11 of this Code during fiscal year 1993. 22 If recipients can obtain adequate shelter only if a23 security deposit is given the landlord, the Department may24 furnish one month's rent as a security deposit. This25 provision shall be operative only to the extent that it does26 not foster the granting of duplicate assistance.27 In fixing standards to govern payments or reimbursements 28 for funeral and burial expenses, the Department shall take 29 into account the services essential to a dignified, low-cost 30 funeral and burial, but no payment shall be authorized from 31 public aid funds for the funeral in excess of $630, exclusive 32 of reasonable amounts as may be necessary for burial space 33 and cemetery charges, and any applicable taxes or other 34 required governmental fees or charges. The Department shall HB0204 Enrolled -80- LRB9001426WHmg 1 authorize no payment in excess of $315 for a cemetery burial. 2 Nothing contained in this Section or in any other Section 3 of this Code shall be construed to prohibit the Illinois 4 Department (1) from consolidating existing standards on the 5 basis of any standards which are or were in effect on, or 6 subsequent to July 1, 1969, or (2) from employing any 7 consolidated standards in determining need for public aid and 8 the amount of money payment or grant for individual 9 recipients or recipient families. 10 Notwithstanding any other provision of this Code to the 11 contrary, the Illinois Department is authorized to reduce 12 payment levels under Article VI as necessary to implement 13 contingency reserves under the Emergency Budget Act of Fiscal 14 Year 1992, to the extent permitted by federal law. Any such 15 reduction shall expire on July 1, 1992. 16 (Source: P.A. 89-507, eff. 7-1-97.) 17 (305 ILCS 5/12-10.3) (from Ch. 23, par. 12-10.3) 18 Sec. 12-10.3. Employment and Training Fund; uses. 19 (a) The Employment and Training Fund is hereby created 20 in the State Treasury for the purpose of receiving and 21 disbursing moneys in accordance with the provisions of Title 22 IV-F of the federal Social Security Act, known as the Job 23 Opportunities and Basic Skills (JOBS) Program and, on and 24 after July 1, 1997, Title IV-A of the federal Social Security 25 Act; the Food Stamp Act, Title 7 of the United States Code; 26 and related rules and regulations governing the use of those 27 moneys for the purposes of providing employment and training 28 services. 29 (b) All federal funds received by the Illinois 30 Department as reimbursement for expenditures for employment 31 and training programs made by the Illinois Department from 32 grants, gifts, or legacies as provided in Section 12-4.18 or 33 by an entity other than the Department, except as a result of HB0204 Enrolled -81- LRB9001426WHmg 1 appropriations made for the costs of providing adult 2 education to public assistance recipients, shall be deposited 3 into the Employment and Training Fund; provided, however, 4 that all funds, except those that are specified in the 5 interagency agreement between the Illinois Community College 6 Board and the Department, that are received by the Department 7 as reimbursement under Title IV-F of the federal Social 8 Security Act the JOBS programsfor expenditures that are made 9 by the Illinois Community College Board or by any public 10 community college of this State shall be credited to a 11 special account that the State Treasurer shall establish and 12 maintain within the Employment and Training Fund for the 13 purpose and in the manner provided in Section 12-5. 14 (c) Except as provided in subsection (d) of this 15 Section, the Employment and Training Fund shall be 16 administered by the Illinois Department, and the Illinois 17 Department may make payments from the Employment and Training 18 Fund to clients for supportive services or to public and 19 private entities for employment and training services. Such 20 payments shall not include any funds generated by Illinois 21 community colleges as part of the Opportunities Program. 22 (d) On or before the 10th day of August, 1992, and on or 23 before the 10th day of each month thereafter, the State 24 Treasurer and State Comptroller shall automatically transfer 25 to the TANF AFDCOpportunities Fund of the Illinois Community 26 College Board from the special account established and 27 maintained in the Employment and Training Fund all amounts 28 credited to that special account as provided in Section 12-5 29 during the preceding month as reimbursement for expenditures 30 under Title IV-F of the federal Social Security Act the JOBS31 programsmade by the Illinois Community College Board or any 32 public community college of this State. 33 (e) The Illinois Department shall execute a written 34 contract when purchasing employment and training services HB0204 Enrolled -82- LRB9001426WHmg 1 from entities qualified to provide services under the 2 programs. The contract shall be filed with the Illinois 3 Department and the State Comptroller. 4 (Source: P.A. 88-429; 89-641, eff. 8-9-96.) 5 (305 ILCS 5/12-13.05 new) 6 Sec. 12-13.05. Emergency rules to implement amendatory 7 changes. The Illinois Department may implement the 8 amendatory changes to this Code made by this amendatory Act 9 of 1997 and any other changes made as the result of 10 implementing the Temporary Assistance to Needy Families 11 Program under the Personal Responsibility and Work 12 Opportunity Reconciliation Act of 1996 (P.L. 104-193) through 13 the use of emergency rules in accordance with the provisions 14 of Section 5-45 of the Illinois Administrative Procedure Act. 15 For purposes of the Illinois Administrative Procedure Act, 16 the adoption of rules to implement these changes shall be 17 deemed an emergency and necessary for the public interest, 18 safety, and welfare. The emergency rulemaking powers 19 authorized in this Section apply only to rules filed to 20 implement the TANF plan effective July 1, 1997. 21 All rules regulating the Temporary Assistance for Needy 22 Families program and all other rules regulating the 23 amendatory changes to this Code made by this amendatory Act 24 of 1997 shall be promulgated pursuant to this Section. All 25 rules regulating the Temporary Assistance for Needy Families 26 program and all other rules regulating the amendatory changes 27 to this Code made by this amendatory Act of 1997 are repealed 28 on June 1, 1999. On and after June 1, 1999, the Illinois 29 Department may not promulgate any rules regulating the 30 Temporary Assistance for Needy Families program or regulating 31 the amendatory changes to this Code made by this amendatory 32 Act of 1997. HB0204 Enrolled -83- LRB9001426WHmg 1 (305 ILCS 5/4-1.2b rep.) 2 (305 ILCS 5/4-1.3 rep.) 3 (305 ILCS 5/4-1.4 rep.) 4 (305 ILCS 5/4-1.11 rep.) 5 (305 ILCS 5/4-5 rep.) 6 (305 ILCS 5/4-16 rep.) 7 (305 ILCS 5/9-6.3 rep.) 8 (305 ILCS 5/9-6.4 rep.) 9 (305 ILCS 5/9A-6 rep.) 10 (305 ILCS 5/12-4.15 rep.) 11 Section 15. The Illinois Public Aid Code is amended by 12 repealing Sections 4-1.2b, 4-1.3, 4-1.4, 4-1.11, 4-5, 4-16, 13 9-6.3, 9-6.4, 9A-6, and 12-4.15. 14 Section 95. No acceleration or delay. Where this Act 15 makes changes in a statute that is represented in this Act by 16 text that is not yet or no longer in effect (for example, a 17 Section represented by multiple versions), the use of that 18 text does not accelerate or delay the taking effect of (i) 19 the changes made by this Act or (ii) provisions derived from 20 any other Public Act. 21 Section 99. Effective date. This Act takes effect July 22 1, 1997, except that this Section and the provisions changing 23 Section 11-6.2 of the Illinois Public Aid Code take effect 24 upon becoming law.
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