State of Illinois
91st General Assembly

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[ Introduced ][ House Amendment 001 ]


HB4160 Engrossed                               LRB9112025DHpk

 1        AN  ACT  to  amend the Illinois Public Aid Code by adding
 2    Section 1-12 and repealing Section 4-22.

 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.  Family violence option.
 9        (a) Findings.  The General Assembly finds  that  domestic
10    violence  may  make it difficult for individuals and families
11    to attain economic self-sufficiency, because the physical and
12    mental effects of  past  or  present  abuse  may  hinder  job
13    performance; because abusive partners may attempt to sabotage
14    their  victims'  education,  training, and employment to keep
15    them economically dependent; or because the demands of  court
16    intervention,  criminal  prosecution,  counseling,  or safety
17    planning may interfere with work, education, or training.
18        (b) It is the policy of the State of Illinois that:
19             (1) no individual or  family  should  be  forced  to
20        remain  in a violent living situation or place themselves
21        or others at risk in order to attain or retain assistance
22        or because any time period for receipt of assistance  has
23        expired; and
24             (2)  no  individual  or  family  should  be unfairly
25        penalized because past or present  domestic  violence  or
26        the  risk  of  domestic  violence  causes them to fail to
27        comply with requirements for assistance.
28        (c) Definitions.
29             (1) Definition of domestic violence.   For  purposes
30        of this Section, a victim of domestic violence is someone
31        who  has  been  battered or subject to extreme cruelty as
HB4160 Engrossed            -2-                LRB9112025DHpk
 1        that term has been defined in  Section  408(a)(7)(C)(iii)
 2        of  the  Social  Security Act as amended August 22, 1996,
 3        and any successor versions, and codified as amended at 42
 4        U.S.C. 608(a)(7)(C)(iii), and any successor versions,  as
 5        follows:
 6        "Domestic  violence"  means  battering  or  subjecting  a
 7    person to extreme cruelty by (i) physical acts that result in
 8    or  threaten to result in physical injury; (ii) sexual abuse;
 9    (iii) sexual  activity  involving  a  dependent  child;  (iv)
10    forcing  the  person  to  participate in nonconsensual sexual
11    acts or activities; (v) threats of, or attempts at,  physical
12    or  sexual  abuse;  (vi)  mental  abuse;  or (vii) neglect or
13    deprivation of medical care.
14             (2) Definition of assistance. For purposes  of  this
15        Section,  the  term  assistance  is  as defined at 45 CFR
16        260.31 as amended at  64  Fed.  Reg.  17,719  (April  12,
17        1999), and any successor versions.
18        (d)  Protection  of  applicants  and  recipients  who are
19    victims of domestic violence.  In recognition of the  reality
20    of  domestic  violence  for many individuals and families who
21    may need assistance under the Illinois Public Aid  Code,  the
22    State  of  Illinois  adopts  the  Family  Violence  Option of
23    Section 402(a)(7) of  the  Social  Security  Act  as  amended
24    August  22, 1996, and any successor versions, and codified as
25    amended at 42 U.S.C. 602(a)(7), and any  successor  versions,
26    and  the  implementing  federal regulations for the Temporary
27    Assistance for Needy Families Program (TANF) at 45 CFR 260.50
28    et seq. as amended at 64 Fed. Reg. 17,719 (April  12,  1999),
29    and  any  successor versions.  Standards and procedures shall
30    be established and enforced to:
31             (1) Screen and identify applicants and recipients of
32        assistance who are past or present  victims  of  domestic
33        violence  or  at risk of further domestic violence, while
34        maintaining the confidentiality of those individuals.
HB4160 Engrossed            -3-                LRB9112025DHpk
 1             (2)  Refer  those  individuals  to  counseling   and
 2        supportive services.
 3             (3)  Waive,  pursuant  to  a  determination  of good
 4        cause, for so long as necessary any program  requirements
 5        that  would  make it more difficult for those individuals
 6        to escape domestic violence or unfairly penalize past  or
 7        present  victims of domestic violence or those at risk of
 8        further  domestic  violence,  such  as  time  limits   on
 9        receiving  assistance,  paternity establishment and child
10        support  cooperation   requirements,   and   family   cap
11        provisions.   When  granting  waivers under this Section,
12        the Department shall determine  a  specific  relationship
13        between  the domestic violence suffered by the client and
14        the need to waive a requirement because domestic violence
15        makes it more difficult or impossible for the  client  to
16        meet the requirement.
17             In  addition, in the assessment process to develop a
18        personal  plan  for  self-sufficiency,  the   factor   of
19        domestic   violence   shall  be  taken  into  account  in
20        determining the work, education, and training  activities
21        that  are  appropriate, including temporarily waiving any
22        work,  education,  or  training   requirement,   and   in
23        establishing  good  cause for failure to cooperate in the
24        plan. Further, the State shall meet the requirements  for
25        Federal  recognition  of  good  cause  domestic  violence
26        waivers for assistance applicants and recipients under 45
27        CFR  260.55  as amended at 64 Fed. Reg. 17,719 (April 12,
28        1999), and any successor versions.
29        (e)  Evidence  of  domestic  violence.   Allegations   of
30    domestic  violence  by  a  victim  shall  be  corroborated by
31    further evidence.  Evidence may include, but is  not  limited
32    to,   police,   governmental   agency,   or   court  records;
33    documentation  from  a  shelter  worker,   legal,   clerical,
34    medical,  or  other professional from whom the individual has
HB4160 Engrossed            -4-                LRB9112025DHpk
 1    sought assistance in dealing with domestic violence; or other
 2    corroborating evidence, such as a statement  from  any  other
 3    individual  with knowledge of the circumstances which provide
 4    the basis  for  the  claim,  physical  evidence  of  domestic
 5    violence,   or   any   other   evidence   that  supports  the
 6    allegations. That an individual is a past or  present  victim
 7    of  domestic violence or at risk of further domestic violence
 8    may be established at any time.
 9        (f) An individual may decline to participate in  services
10    specifically  directed  at domestic violence or may terminate
11    participation in those services, without penalty or sanction.
12        (g)  The Department of Human Services, or  any  successor
13    Department  or  Agency  responsible  for the operation of the
14    TANF program under Article IV, shall be responsible  for  the
15    coordination  of  policies and procedures to comply with this
16    Section,  in  consultation  with  State  and  local  domestic
17    violence experts.  Those policies and procedures include, but
18    are not limited  to,  the  screening  and  identification  of
19    victims  of domestic violence, notification to applicants and
20    recipients  of   assistance,   maintaining   confidentiality,
21    referral   to   services,  the  waiver  process,  determining
22    evidence  of  domestic  violence,  and  training   of   State
23    employees.   The policies and procedures shall apply to State
24    Departments and Agencies which directly  administer  programs
25    affected   by   the  waivers  that  might  be  granted  under
26    subsection (d)  above,  including  but  not  limited  to  the
27    provision  of  assistance under TANF, paternity establishment
28    and child  support  cooperation,  and  work,  education,  and
29    training programs.

30        (305 ILCS 5/4-22 rep.)
31        Section  10.   The Illinois Public Aid Code is amended by
32    repealing Section 4-22.
HB4160 Engrossed            -5-                LRB9112025DHpk
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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