State of Illinois
91st General Assembly

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 1                     AMENDMENT TO HOUSE BILL 650

 2        AMENDMENT NO.     .  Amend House Bill  650  by  replacing
 3    the title with the following:
 4        "AN  ACT  to amend the Illinois Public Aid Code by adding
 5    Section 1-12."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

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

10        (305 ILCS 5/1-12 new)
11        Sec. 1-12.  Domestic violence option.
12        (a)  Findings.  The General Assembly finds that:
13             (1)  domestic violence may  make  it  difficult  for
14        some individuals to attain economic self-sufficiency; and
15             (2)  no  individual  or  family  should  be unfairly
16        penalized because past or present  domestic  violence  or
17        the  risk  of  domestic  violence  causes them to fail to
18        comply with requirements for assistance.
19        (b)  Definition of domestic violence.   For  purposes  of
20    this Section:
21        "Domestic  violence"  means  battering  or  subjecting  a
                            -2-            LRB9104312SMdvam01
 1    person to extreme cruelty by (i) physical acts that result in
 2    or  threaten to result in physical injury; (ii) sexual abuse;
 3    (iii) sexual  activity  involving  a  dependent  child;  (iv)
 4    forcing  the  person  to  participate in nonconsensual sexual
 5    acts or activities; (v) threats of, or attempts at,  physical
 6    or  sexual  abuse;  (vi)  mental  abuse;  or (vii) neglect or
 7    deprivation of medical care.
 8        (c)  Protection of  applicants  and  recipients  who  are
 9    victims  of domestic violence.  In recognition of the reality
10    of domestic  violence  for  many  individuals  who  may  need
11    Temporary  Assistance for Needy Families (TANF), the State of
12    Illinois adopts  the  Domestic  Violence  Option  of  Section
13    402(a)(7) of the Social Security Act.
14        The  Department  of  Human  Services, in operation of the
15    TANF program under Article IV, shall:
16             (1)  Screen and identify applicants  and  recipients
17        of assistance for TANF who are past or present victims of
18        domestic   violence   or  at  risk  of  further  domestic
19        violence, while maintaining confidentiality.
20             (2)  Refer  these  individuals  for  counseling  and
21        supportive services.
22             (3)  Waive, pursuant  to  a  determination  of  good
23        cause,  any  program requirements that would make it more
24        difficult  for  these  individuals  to  escape   domestic
25        violence  or unfairly penalize past or present victims of
26        domestic violence or those at risk  of  further  domestic
27        violence,  such  as  time limits on receiving assistance,
28        paternity  establishment,   child   support   cooperation
29        requirements,  residency  requirements,  and  family  cap
30        provisions.   When  granting  waivers under this Section,
31        the Department shall determine  a  specific  relationship
32        between  the domestic violence suffered by the client and
33        the need to waive a requirement because domestic violence
34        makes it more difficult or impossible for the  client  to
                            -3-            LRB9104312SMdvam01
 1        meet the requirement.
 2        In  addition,  the  Department  shall,  in the assessment
 3    process to develop a personal plan for self-sufficiency, take
 4    the factor of domestic violence into account  in  determining
 5    the   work,  education,  and  training  activities  that  are
 6    appropriate,  including   temporarily   waiving   any   work,
 7    education,  or training requirement, and in establishing good
 8    cause for failure to cooperate in the plan.
 9        (d)  Evidence  of  domestic  violence.   Allegations   of
10    domestic  violence  by  a  victim  shall  be  corroborated by
11    further evidence.  Evidence may include, but is  not  limited
12    to,   police,   governmental   agency,   or   court  records;
13    documentation  from  a  shelter  worker,   legal,   clerical,
14    medical,  or  other  professional  from whom the applicant or
15    recipient has sought  assistance  in  dealing  with  domestic
16    violence;   or   other  corroborating  evidence,  such  as  a
17    statement from any other individual  with  knowledge  of  the
18    circumstances which provide the basis for the claim, physical
19    evidence  of  domestic  violence,  or any other evidence that
20    supports the statement.
21        That an applicant or  recipient  is  a  past  or  present
22    victim  of  domestic  violence or at risk of further domestic
23    violence may be established at any time.
24        (e)  An applicant or recipient may decline to participate
25    in services specifically directed at  domestic  violence,  or
26    may terminate participation in such services, without penalty
27    or sanction.
28        (f)  The  Department  shall  develop and monitor policies
29    and procedures to comply with this Section.   Those  policies
30    and   procedures   include,   but   are   not   limited   to,
31    identification  of victims of domestic violence, notification
32    to applicants and  recipients,  maintaining  confidentiality,
33    referral  to services, granting waivers, determining evidence
34    of  domestic  violence,  and  training  of  the  Department's
                            -4-            LRB9104312SMdvam01
 1    employees.

 2        (305 ILCS 5/4-22 rep.)
 3        Section. 10.  The Illinois Public Aid Code is amended  by
 4    repealing Section 4-22.

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.".

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