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91_SB1912
LRB9112026DHtm
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
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1 that term has been defined in Section 408(a)(7)(C)(iii)
2 of the Social Security Act as amended Aug. 22, 1996, and
3 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 person to
7 extreme cruelty by (i) physical acts that result in or
8 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
32 of 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.
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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.
12 In addition, in the assessment process to develop a
13 personal plan for self-sufficiency, the factor of
14 domestic violence shall be taken into account in
15 determining the work, education, and training activities
16 that are appropriate, including temporarily waiving any
17 work, education, or training requirement, and in
18 establishing good cause for failure to cooperate in the
19 plan. Further, the State shall meet the requirements for
20 Federal recognition of good cause domestic violence
21 waivers for assistance applicants and recipients under 45
22 CFR 260.55 as amended at 64 Fed. Reg. 17, 719 (April 12,
23 1999), and any successor versions.
24 (e) Evidence of domestic violence. Allegations of
25 domestic violence by a victim shall be corroborated by
26 further evidence. Evidence may include, but is not limited
27 to, police, governmental agency, or court records;
28 documentation from a shelter worker, legal, clerical,
29 medical, or other professional from whom the individual has
30 sought assistance in dealing with domestic violence; or other
31 corroborating evidence, such as a statement from any other
32 individual with knowledge of the circumstances which provide
33 the basis for the claim, physical evidence of domestic
34 violence, or any other evidence that supports the
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1 allegations. That an individual is a past or present victim
2 of domestic violence or at risk of further domestic violence
3 may be established at any time.
4 (f) An individual may decline to participate in services
5 specifically directed at domestic violence or may terminate
6 participation in those services, without penalty or sanction.
7 (g) All State departments and agencies that serve
8 applicants and recipients of assistance and whose decisions
9 regarding those applicants and recipients could make it more
10 difficult for those individuals to escape domestic violence
11 or unfairly penalize past or present victims of domestic
12 violence or those at risk of further domestic violence, shall
13 develop and monitor policies and procedures to comply with
14 this Section, in consultation with State and local domestic
15 violence experts. The Department of Human Services, or any
16 successor department or agency responsible for the operation
17 of the TANF program under Article IV, shall be responsible
18 for the coordination of these activities. Those polices and
19 procedures include, but are not limited to, the screening and
20 identification of victims of domestic violence, notification
21 to applicants and recipients of assistance, maintaining
22 confidentiality, referral to services, the waiver process,
23 determining evidence of domestic violence, and training of
24 the State employees.
25 (h) All State departments and agencies that serve
26 applicants and recipients of assistance and whose decisions
27 regarding those applicants and recipients could make it more
28 difficult for those individuals to escape domestic violence
29 or unfairly penalize past or present victims of domestic
30 violence or those at risk of further domestic violence,
31 shall develop and monitor compliance procedures for its
32 employees, contractors, and subcontractors, in consultation
33 with State and local domestic violence experts, to ensure
34 that any information pertaining to any applicant or recipient
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1 of assistance who claims to be a past or present victim of
2 domestic violence or an individual at risk of further
3 domestic violence, whether provided by the victim or a third
4 party, shall remain confidential. The Department of Human
5 Services, or any successor department or agency with
6 responsibility for the operation of the TANF program under
7 Article IV, shall have the responsibility of coordinating
8 these activities.
9 (305 ILCS 5/4-22 rep.)
10 Section 10. The Illinois Public Aid Code is amended by
11 repealing Section 4-22.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.