State of Illinois
92nd General Assembly
Legislation

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92_SB0446

 
                                               LRB9206196WHpc

 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
 
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 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,
 
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 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
 
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 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.

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