State of Illinois
91st General Assembly

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[ Introduced ][ House Amendment 001 ]


HB0650 Engrossed                               LRB9104312SMdv

 1        AN  ACT  to  amend the Illinois Public Aid Code by adding
 2    Section 1-12.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois Public Aid Code is amended by
 6    adding Section 1-12 as follows:

 7        (305 ILCS 5/1-12 new)
 8        Sec. 1-12.  Domestic violence option.
 9        (a)  Findings.  The General Assembly finds that:
10             (1)  domestic violence may  make  it  difficult  for
11        some individuals to attain economic self-sufficiency; and
12             (2)  no  individual  or  family  should  be unfairly
13        penalized because past or present  domestic  violence  or
14        the  risk  of  domestic  violence  causes them to fail to
15        comply with requirements for assistance.
16        (b)  Definition of domestic violence.   For  purposes  of
17    this Section:
18        "Domestic  violence"  means  battering  or  subjecting  a
19    person to extreme cruelty by (i) physical acts that result in
20    or  threaten to result in physical injury; (ii) sexual abuse;
21    (iii) sexual  activity  involving  a  dependent  child;  (iv)
22    forcing  the  person  to  participate in nonconsensual sexual
23    acts or activities; (v) threats of, or attempts at,  physical
24    or  sexual  abuse;  (vi)  mental  abuse;  or (vii) neglect or
25    deprivation of medical care.
26        (c)  Protection of  applicants  and  recipients  who  are
27    victims  of domestic violence.  In recognition of the reality
28    of domestic  violence  for  many  individuals  who  may  need
29    Temporary  Assistance for Needy Families (TANF), the State of
30    Illinois adopts  the  Domestic  Violence  Option  of  Section
HB0650 Engrossed            -2-                LRB9104312SMdv
 1    402(a)(7) of the Social Security Act.
 2        The  Department  of  Human  Services, in operation of the
 3    TANF program under Article IV, shall:
 4             (1)  Screen and identify applicants  and  recipients
 5        of assistance for TANF who are past or present victims of
 6        domestic   violence   or  at  risk  of  further  domestic
 7        violence, while maintaining confidentiality.
 8             (2)  Refer  these  individuals  for  counseling  and
 9        supportive services.
10             (3)  Waive, pursuant  to  a  determination  of  good
11        cause,  any  program requirements that would make it more
12        difficult  for  these  individuals  to  escape   domestic
13        violence  or unfairly penalize past or present victims of
14        domestic violence or those at risk  of  further  domestic
15        violence,  such  as  time limits on receiving assistance,
16        paternity  establishment,   child   support   cooperation
17        requirements,  residency  requirements,  and  family  cap
18        provisions.   When  granting  waivers under this Section,
19        the Department shall determine  a  specific  relationship
20        between  the domestic violence suffered by the client and
21        the need to waive a requirement because domestic violence
22        makes it more difficult or impossible for the  client  to
23        meet the requirement.
24        In  addition,  the  Department  shall,  in the assessment
25    process to develop a personal plan for self-sufficiency, take
26    the factor of domestic violence into account  in  determining
27    the   work,  education,  and  training  activities  that  are
28    appropriate,  including   temporarily   waiving   any   work,
29    education,  or training requirement, and in establishing good
30    cause for failure to cooperate in the plan.
31        (d)  Evidence  of  domestic  violence.   Allegations   of
32    domestic  violence  by  a  victim  shall  be  corroborated by
33    further evidence.  Evidence may include, but is  not  limited
34    to,   police,   governmental   agency,   or   court  records;
HB0650 Engrossed            -3-                LRB9104312SMdv
 1    documentation  from  a  shelter  worker,   legal,   clerical,
 2    medical,  or  other  professional  from whom the applicant or
 3    recipient has sought  assistance  in  dealing  with  domestic
 4    violence;   or   other  corroborating  evidence,  such  as  a
 5    statement from any other individual  with  knowledge  of  the
 6    circumstances which provide the basis for the claim, physical
 7    evidence  of  domestic  violence,  or any other evidence that
 8    supports the statement.
 9        That an applicant or  recipient  is  a  past  or  present
10    victim  of  domestic  violence or at risk of further domestic
11    violence may be established at any time.
12        (e)  An applicant or recipient may decline to participate
13    in services specifically directed at  domestic  violence,  or
14    may terminate participation in such services, without penalty
15    or sanction.
16        (f)  The  Department  shall  develop and monitor policies
17    and procedures to comply with this Section.   Those  policies
18    and   procedures   include,   but   are   not   limited   to,
19    identification  of victims of domestic violence, notification
20    to applicants and  recipients,  maintaining  confidentiality,
21    referral  to services, granting waivers, determining evidence
22    of  domestic  violence,  and  training  of  the  Department's
23    employees.

24        (305 ILCS 5/4-22 rep.)
25        Section. 10.  The Illinois Public Aid Code is amended  by
26    repealing Section 4-22.

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

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