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92_HB1983eng HB1983 Engrossed LRB9203654WHcsA 1 AN ACT concerning public aid. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 adding Section 1-12 as follows: 6 (305 ILCS 5/1-12 new) 7 Sec. 1-12. Family violence option. 8 (a) Findings. The General Assembly finds that domestic 9 violence may make it difficult for individuals and families 10 to attain economic self-sufficiency, because the physical and 11 mental effects of past or present abuse may hinder job 12 performance; because abusive partners may attempt to sabotage 13 their victims' education, training, and employment to keep 14 them economically dependent; or because the demands of court 15 intervention, criminal prosecution, counseling, or safety 16 planning may interfere with work, education, or training. 17 (b) It is the policy of the State of Illinois that: 18 (1) no individual or family should be forced to 19 remain in a violent living situation or place themselves 20 or others at risk in order to attain or retain assistance 21 or because any time period for receipt of assistance has 22 expired; and 23 (2) no individual or family should be unfairly 24 penalized because past or present domestic violence or 25 the risk of domestic violence causes them to fail to 26 comply with requirements for assistance. 27 (c) Definitions. 28 (1) Definition of domestic violence. For purposes 29 of this Section, "domestic violence" means battering or 30 subjecting a person to extreme cruelty by (i) physical 31 acts that result in or threaten to result in physical HB1983 Engrossed -2- LRB9203654WHcsA 1 injury; (ii) sexual abuse; (iii) sexual activity 2 involving a dependent child; (iv) forcing the person to 3 participate in nonconsensual sexual acts or activities; 4 (v) threats of, or attempts at, physical or sexual abuse; 5 (vi) mental abuse; or (vii) neglect or deprivation of 6 medical care. 7 (2) Definition of assistance. For purposes of this 8 Section, the term assistance is as defined at 45 CFR 9 260.31. 10 (d) Protection of applicants and recipients who are 11 victims of domestic violence. In recognition of the reality 12 of domestic violence for many individuals and families who 13 may need assistance under the Illinois Public Aid Code, the 14 State of Illinois adopts the Family Violence Option of 15 Section 402(a)(7) of the Social Security Act (42 U.S.C. 16 602(a)(7)) and the implementing federal regulations for the 17 Temporary Assistance for Needy Families Program (TANF) at 45 18 CFR 260.50 et seq. Standards and procedures shall be 19 established and enforced to: 20 (1) Screen and identify applicants and recipients of 21 assistance who are past or present victims of domestic 22 violence or at risk of further domestic violence, while 23 maintaining the confidentiality of those individuals. 24 (2) Refer those individuals to counseling and 25 supportive services. 26 (3) Waive, pursuant to a determination of good 27 cause, for so long as necessary any program requirements 28 that would make it more difficult for those individuals 29 to escape domestic violence or unfairly penalize past or 30 present victims of domestic violence or those at risk of 31 further domestic violence, such as time limits on 32 receiving assistance, paternity establishment and child 33 support cooperation requirements, and family cap 34 provisions. When granting waivers under this Section, HB1983 Engrossed -3- LRB9203654WHcsA 1 the Department shall determine a specific relationship 2 between the domestic violence suffered by the client and 3 the need to waive a requirement because domestic violence 4 makes it more difficult or impossible for the client to 5 meet the requirement. 6 In addition, in the assessment process to develop a 7 personal plan for self-sufficiency, the factor of 8 domestic violence shall be taken into account in 9 determining the work, education, and training activities 10 that are appropriate, including temporarily waiving any 11 work, education, or training requirement, and in 12 establishing good cause for failure to cooperate in the 13 plan. Further, the State shall meet the requirements for 14 Federal recognition of good cause domestic violence 15 waivers for assistance applicants and recipients under 45 16 CFR 260.55. 17 (e) Evidence of domestic violence. Allegations of 18 domestic violence by a victim shall be corroborated by 19 further evidence. Evidence may include, but is not limited 20 to, police, governmental agency, or court records; 21 documentation from a shelter worker, legal, clerical, 22 medical, or other professional from whom the individual has 23 sought assistance in dealing with domestic violence; or other 24 corroborating evidence, such as a statement from any other 25 individual with knowledge of the circumstances which provide 26 the basis for the claim, physical evidence of domestic 27 violence, or any other evidence that supports the 28 allegations. That an individual is a past or present victim 29 of domestic violence or at risk of further domestic violence 30 may be established at any time. 31 (f) An individual may decline to participate in services 32 specifically directed at domestic violence or may terminate 33 participation in those services, without penalty or sanction. 34 (g) The Department of Human Services, or any successor HB1983 Engrossed -4- LRB9203654WHcsA 1 Department or Agency responsible for the operation of the 2 TANF program under Article IV, shall be responsible for the 3 coordination of policies and procedures to comply with this 4 Section, in consultation with State and local domestic 5 violence experts. Those policies and procedures include, but 6 are not limited to, the screening and identification of 7 victims of domestic violence, notification to applicants and 8 recipients of assistance, maintaining confidentiality, 9 referral to services, the waiver process, determining 10 evidence of domestic violence, and training of State 11 employees. The policies and procedures shall apply to State 12 Departments and Agencies which directly administer programs 13 affected by the waivers that might be granted under 14 subsection (d) above, including but not limited to the 15 provision of assistance under TANF, paternity establishment 16 and child support cooperation, and work, education, and 17 training programs. 18 (305 ILCS 5/4-22 rep.) 19 Section 10. The Illinois Public Aid Code is amended by 20 repealing Section 4-22. 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.