Illinois 2025-2026 Regular Session

Illinois House Bill HB2694 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2694 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: See Index Provides that the Act may be referred to as the Cash Assistance to Strengthen Households (CASH) Act. Amends the Temporary Assistance for Needy Families Article of the Illinois Public Aid Code. Provides that the Temporary Assistance for Needy Families (TANF) Program is inoperative after June 30, 2026 and is replaced by the Cash Assistance to Strengthen Households (CASH) program. Contains provisions concerning persons eligible for CASH assistance, including pregnant persons without dependent children and assistance units headed by a caretaker relative, as defined; income thresholds; immigration status; the amount of aid paid to eligible assistance units; application requirements; income verification requirements; eligibility redeterminations; substitute payees; transitioning assistance units from TANF to CASH; and Department rules to implement the CASH program. Makes conforming changes in other Articles of the Code. Effective July 1, 2026. LRB104 10136 KTG 20208 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2694 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: See Index See Index Provides that the Act may be referred to as the Cash Assistance to Strengthen Households (CASH) Act. Amends the Temporary Assistance for Needy Families Article of the Illinois Public Aid Code. Provides that the Temporary Assistance for Needy Families (TANF) Program is inoperative after June 30, 2026 and is replaced by the Cash Assistance to Strengthen Households (CASH) program. Contains provisions concerning persons eligible for CASH assistance, including pregnant persons without dependent children and assistance units headed by a caretaker relative, as defined; income thresholds; immigration status; the amount of aid paid to eligible assistance units; application requirements; income verification requirements; eligibility redeterminations; substitute payees; transitioning assistance units from TANF to CASH; and Department rules to implement the CASH program. Makes conforming changes in other Articles of the Code. Effective July 1, 2026. LRB104 10136 KTG 20208 b LRB104 10136 KTG 20208 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2694 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
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55 Provides that the Act may be referred to as the Cash Assistance to Strengthen Households (CASH) Act. Amends the Temporary Assistance for Needy Families Article of the Illinois Public Aid Code. Provides that the Temporary Assistance for Needy Families (TANF) Program is inoperative after June 30, 2026 and is replaced by the Cash Assistance to Strengthen Households (CASH) program. Contains provisions concerning persons eligible for CASH assistance, including pregnant persons without dependent children and assistance units headed by a caretaker relative, as defined; income thresholds; immigration status; the amount of aid paid to eligible assistance units; application requirements; income verification requirements; eligibility redeterminations; substitute payees; transitioning assistance units from TANF to CASH; and Department rules to implement the CASH program. Makes conforming changes in other Articles of the Code. Effective July 1, 2026.
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1111 1 AN ACT concerning public aid.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Reference to Act. This Act may be referred to as
1515 5 the Cash Assistance to Strengthen Households (CASH) Act.
1616 6 Section 5. Findings and declaration of policy. The General
1717 7 Assembly finds, determines, and declares the following:
1818 8 (1) All people deserve to live with dignity and have
1919 9 their basic needs met.
2020 10 (2) Elimination of deep poverty in the State of
2121 11 Illinois is attainable and long overdue. However, deep
2222 12 poverty is rising in Illinois. According to the Department
2323 13 of Human Services over 763,000 people including over
2424 14 218,000 children in Illinois now live in deep poverty and
2525 15 have few resources to meet their basic needs.
2626 16 (3) The Illinois Commission on Poverty Elimination and
2727 17 Economic Security, created by the Intergenerational
2828 18 Poverty Act of 2020, was tasked with the development of a
2929 19 strategic plan to meet the statutorily outlined goals of
3030 20 reducing deep poverty in Illinois by 50% by 2026,
3131 21 eliminating child poverty by 2031, and eliminating all
3232 22 poverty in Illinois by 2036. According to the Commission,
3333 23 a key component of meeting these goals is increasing
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2694 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
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4040 Provides that the Act may be referred to as the Cash Assistance to Strengthen Households (CASH) Act. Amends the Temporary Assistance for Needy Families Article of the Illinois Public Aid Code. Provides that the Temporary Assistance for Needy Families (TANF) Program is inoperative after June 30, 2026 and is replaced by the Cash Assistance to Strengthen Households (CASH) program. Contains provisions concerning persons eligible for CASH assistance, including pregnant persons without dependent children and assistance units headed by a caretaker relative, as defined; income thresholds; immigration status; the amount of aid paid to eligible assistance units; application requirements; income verification requirements; eligibility redeterminations; substitute payees; transitioning assistance units from TANF to CASH; and Department rules to implement the CASH program. Makes conforming changes in other Articles of the Code. Effective July 1, 2026.
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6868 1 uptake, access, and the value of public benefits programs
6969 2 while investing in direct cash assistance structures.
7070 3 (4) Cash assistance programs, particularly the
7171 4 Temporary Assistance for Needy Families (TANF) program,
7272 5 reach far fewer families and provide less cash assistance
7373 6 than predecessor programs existing before "welfare reform"
7474 7 in 1996, leaving more families in deep poverty. Due to
7575 8 cumbersome federal restrictions, where cash assistance is
7676 9 available, it is often accompanied by onerous processes
7777 10 and strict requirements that make it difficult for
7878 11 families to obtain and maintain benefits.
7979 12 (5) To better serve Illinois families struggling to
8080 13 meet their basic needs, the General Assembly rejects the
8181 14 false thesis of federal "welfare reform": that income
8282 15 supports foster dependence, disincentivize work, and trap
8383 16 families in a cycle of poverty. Nearly 3 decades of data
8484 17 and research related to the TANF program, coupled with
8585 18 emerging research studying the effects of unrestricted
8686 19 cash transfers like guaranteed income, have shown that
8787 20 cash assistance, when designed with broader access, more
8888 21 generous grants, and fewer restrictions, is an effective
8989 22 tool for reducing family and child poverty and improving
9090 23 family well-being. Emerging research examining the growing
9191 24 number of direct cash transfer experiments shows
9292 25 compelling evidence that unrestricted cash assistance can
9393 26 improve a multitude of outcomes including employment,
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104104 1 physical and mental health, nutrition, and justice
105105 2 involvement.
106106 3 (6) The State of Illinois is committed to exploring
107107 4 innovative and effective ways to address poverty while
108108 5 upholding the values of equity and justice. The General
109109 6 Assembly recognizes and prioritizes the benefits of
110110 7 dramatically reducing restrictions related to social
111111 8 safety-net programs, which currently function to frustrate
112112 9 access for eligible families with significant need. The
113113 10 General Assembly finds that greater access to and fewer
114114 11 restrictions on the receipt of cash assistance is
115115 12 necessary to promote economic stability, enhance the
116116 13 quality of life and general welfare for all its residents,
117117 14 and meaningfully progress toward the General Assembly's
118118 15 goals as set forth in the Intergenerational Poverty Act of
119119 16 2020.
120120 17 Section 10. The Illinois Public Aid Code is amended by
121121 18 changing the heading of Article IV and Sections 1-7, 1-11,
122122 19 4-1, 4-1.1, 4-1.2, 4-1.2a, 4-1.6, 4-1.6b, 4-2, 4-4, 4-9, 4-12,
123123 20 4-22, 4-23, 6-1.3, 8A-18, 9A-3, 9A-4, 9A-8, 9A-8.1, 9A-9,
124124 21 9A-10, 9A-11, 9A-13, 9A-15, 10-1, 10-2, 10-3, 10-4, 10-7,
125125 22 10-8, 10-10, 10-11.1, 10-15, 11-6, 11-17, 11-18, 11-19,
126126 23 11-20.1, 11-22c, 11-32, 12-4.4, 12-4.11, 12-4.14, 12-4.33,
127127 24 12-4.104, 12-13.05, 12-13.4, 16-1, 16-2, 16-3, 16-4, and 16-5
128128 25 and by adding Sections 4-0.5.1, 4-0.6.1, 4-1.6c, 4-1.13,
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139139 1 4-2.1, 4-2.2, 4-2.3, 4-24, and 4-25 as follows:
140140 2 (305 ILCS 5/1-7) (from Ch. 23, par. 1-7)
141141 3 Sec. 1-7. (a) For purposes of determining eligibility for
142142 4 assistance under this Code, the Illinois Department, County
143143 5 Departments, and local governmental units shall exclude from
144144 6 consideration restitution payments, including all income and
145145 7 resources derived therefrom, made to persons of Japanese or
146146 8 Aleutian ancestry pursuant to the federal Civil Liberties Act
147147 9 of 1988 and the Aleutian and Pribilof Island Restitution Act,
148148 10 P.L. 100-383.
149149 11 (b) For purposes of any program or form of assistance
150150 12 where a person's income or assets are considered in
151151 13 determining eligibility or level of assistance, whether under
152152 14 this Code or another authority, neither the State of Illinois
153153 15 nor any entity or person administering a program wholly or
154154 16 partially financed by the State of Illinois or any of its
155155 17 political subdivisions shall include restitution payments,
156156 18 including all income and resources derived therefrom, made
157157 19 pursuant to the federal Civil Liberties Act of 1988 and the
158158 20 Aleutian and Pribilof Island Restitution Act, P.L. 100-383, in
159159 21 the calculation of income or assets for determining
160160 22 eligibility or level of assistance.
161161 23 (c) For purposes of determining eligibility for or the
162162 24 amount of assistance under this Code, except for the
163163 25 determination of eligibility for payments or programs under
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174174 1 the TANF employment, education, and training programs and the
175175 2 Food Stamp Employment and Training Program, the Illinois
176176 3 Department, County Departments, and local governmental units
177177 4 shall exclude from consideration any financial assistance
178178 5 received under any student aid program administered by an
179179 6 agency of this State or the federal government, by a person who
180180 7 is enrolled as a full-time or part-time student of any public
181181 8 or private university, college, or community college in this
182182 9 State.
183183 10 (d) For purposes of determining eligibility for or the
184184 11 amount of assistance under this Code, except for the
185185 12 determination of eligibility for payments or programs under
186186 13 the TANF employment, education, and training programs and the
187187 14 SNAP Employment and Training Program, the Illinois Department,
188188 15 County Departments, and local governmental units shall exclude
189189 16 from consideration, for a period of 36 months, any financial
190190 17 assistance, including wages, that is provided to a person who
191191 18 is enrolled in a demonstration project that is not funded with
192192 19 general revenue funds and that is intended as a bridge to
193193 20 self-sufficiency by offering (i) intensive workforce support
194194 21 and training and (ii) support services for new and expectant
195195 22 parents that are intended to foster multi-generational healthy
196196 23 families as described in Section 12-4.51.
197197 24 (e)(1) Notwithstanding any other provision of this Code,
198198 25 and to the maximum extent permitted by federal law, for
199199 26 purposes of determining eligibility and the amount of
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210210 1 assistance under this Code, the Illinois Department and local
211211 2 governmental units shall exclude from consideration any
212212 3 financial assistance, including cash transfers or gifts, that
213213 4 is provided to a person through a guaranteed income program.
214214 5 As used in this subsection, "guaranteed income program" means
215215 6 a publicly or privately funded program that provides one-time
216216 7 or recurring unconditional cash transfers or payments, or
217217 8 gifts to individuals or households, for a defined number of
218218 9 months or years for the purposes of reducing poverty,
219219 10 promoting economic mobility, or increasing the financial
220220 11 stability of Illinois residents.
221221 12 (2) Notwithstanding any other provision of this Code, and
222222 13 to the maximum extent permitted by federal law, for purposes
223223 14 of determining eligibility and the amount of assistance under
224224 15 this Code, the Illinois Department and local governmental
225225 16 units shall exclude from consideration cash assistance under
226226 17 Article IV of this Code.
227227 18 (3) (2) The Department shall choose State options and seek
228228 19 all necessary federal approvals or waivers to implement this
229229 20 subsection.
230230 21 (Source: P.A. 103-492, eff. 1-1-24.)
231231 22 (305 ILCS 5/1-11)
232232 23 Sec. 1-11. Citizenship. To the extent not otherwise
233233 24 provided in this Code or federal law, all clients who receive
234234 25 cash or medical assistance under Article III, IV, V, or VI of
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245245 1 this Code must meet the citizenship requirements as
246246 2 established in this Section. To be eligible for assistance an
247247 3 individual, who is otherwise eligible, must be either a United
248248 4 States citizen or included in one of the following categories
249249 5 of non-citizens:
250250 6 (1) United States veterans honorably discharged and
251251 7 persons on active military duty, and the spouse and
252252 8 unmarried dependent children of these persons;
253253 9 (2) Refugees under Section 207 of the Immigration and
254254 10 Nationality Act;
255255 11 (3) Asylees under Section 208 of the Immigration and
256256 12 Nationality Act;
257257 13 (4) Persons for whom deportation has been withheld
258258 14 under Section 243(h) of the Immigration and Nationality
259259 15 Act;
260260 16 (5) Persons granted conditional entry under Section
261261 17 203(a)(7) of the Immigration and Nationality Act as in
262262 18 effect prior to April 1, 1980;
263263 19 (6) Persons lawfully admitted for permanent residence
264264 20 under the Immigration and Nationality Act;
265265 21 (7) Parolees, for at least one year, under Section
266266 22 212(d)(5) of the Immigration and Nationality Act;
267267 23 (8) Nationals of Cuba or Haiti admitted on or after
268268 24 April 21, 1980;
269269 25 (9) Amerasians from Vietnam, and their close family
270270 26 members, admitted through the Orderly Departure Program
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281281 1 beginning on March 20, 1988;
282282 2 (10) Persons identified by the federal Office of
283283 3 Refugee Resettlement (ORR) as victims of trafficking;
284284 4 (11) Persons legally residing in the United States who
285285 5 were members of a Hmong or Highland Laotian tribe when the
286286 6 tribe helped United States personnel by taking part in a
287287 7 military or rescue operation during the Vietnam era
288288 8 (between August 5, 1965 and May 7, 1975); this also
289289 9 includes the person's spouse, a widow or widower who has
290290 10 not remarried, and unmarried dependent children;
291291 11 (12) American Indians born in Canada under Section 289
292292 12 of the Immigration and Nationality Act and members of an
293293 13 Indian tribe as defined in Section 4e of the Indian
294294 14 Self-Determination and Education Assistance Act;
295295 15 (13) Persons who are a spouse, widow, or child of a
296296 16 U.S. citizen or a spouse or child of a legal permanent
297297 17 resident (LPR) who have been battered or subjected to
298298 18 extreme cruelty by the U.S. citizen or LPR or a member of
299299 19 that relative's family who lived with them, who no longer
300300 20 live with the abuser or plan to live separately within one
301301 21 month of receipt of assistance and whose need for
302302 22 assistance is due, at least in part, to the abuse; and
303303 23 (14) Persons who are foreign-born victims of
304304 24 trafficking, torture, or other serious crimes as defined
305305 25 in Section 2-19 of this Code.
306306 26 Those persons who are in the categories set forth in
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317317 1 subdivisions 6 and 7 of this Section, who enter the United
318318 2 States on or after August 22, 1996, shall not be eligible for 5
319319 3 years beginning on the date the person entered the United
320320 4 States.
321321 5 The Illinois Department may, by rule, cover prenatal care
322322 6 or emergency medical care for non-citizens who are not
323323 7 otherwise eligible under this Section. Local governmental
324324 8 units which do not receive State funds may impose their own
325325 9 citizenship requirements and are authorized to provide any
326326 10 benefits and impose any citizenship requirements as are
327327 11 allowed under the Personal Responsibility and Work Opportunity
328328 12 Reconciliation Act of 1996 (P.L. 104-193).
329329 13 (Source: P.A. 99-870, eff. 8-22-16.)
330330 14 (305 ILCS 5/Art. IV heading)
331331 15 ARTICLE IV. CASH ASSISTANCE TO STRENGTHEN HOUSEHOLDS TEMPORARY
332332 16 ASSISTANCE FOR NEEDY FAMILIES
333333 17 (305 ILCS 5/4-0.5.1 new)
334334 18 Sec. 4-0.5.1. Temporary Assistance for Needy Families
335335 19 Program inoperative. The Temporary Assistance for Needy
336336 20 Families (TANF) Program is inoperative after June 30, 2026.
337337 21 (305 ILCS 5/4-0.6.1 new)
338338 22 Sec. 4-0.6.1. Reference to TANF considered a reference to
339339 23 CASH. On and after the effective date of this amendatory Act of
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350350 1 the 104th General Assembly, any reference in any law to
351351 2 Temporary Assistance for Needy Families or TANF, except for
352352 3 references to TANF included in this Article, shall be
353353 4 considered to be a reference to the Cash Assistance to
354354 5 Strengthen Households program (CASH).
355355 6 (305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
356356 7 Sec. 4-1. Eligibility requirements. Cash assistance
357357 8 Financial aid in meeting basic maintenance requirements for a
358358 9 livelihood compatible with health and well-being shall be
359359 10 given under this Article to or in behalf of families with
360360 11 dependent children who have established residence in Illinois
361361 12 as defined in Section 2-10, and meet the eligibility
362362 13 conditions of Sections 4-1.1 through 4-1.13 4-1.12. It shall
363363 14 be the policy of the Illinois Department to provide cash
364364 15 assistance aid under this Article to all qualified persons who
365365 16 seek assistance and to conduct outreach efforts to educate the
366366 17 public about the program. The Department shall provide timely,
367367 18 accurate, and fair service to all applicants for assistance.
368368 19 Persons who meet the eligibility criteria authorized under
369369 20 this Article shall be treated equally, provided that nothing
370370 21 in this Article shall be construed to create an entitlement to
371371 22 a particular grant or service level or to aid in amounts not
372372 23 authorized under this Code, nor construed to limit the
373373 24 authority of the General Assembly to change the eligibility
374374 25 requirements or provisions respecting assistance amounts. The
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385385 1 General Assembly recognizes that the need for aid will
386386 2 fluctuate with the economic situation in Illinois and that at
387387 3 times the number of people receiving aid under this Article
388388 4 will increase.
389389 5 The Illinois Department shall advise every applicant for
390390 6 and recipient of aid under this Article of (i) the requirement
391391 7 that all recipients move toward self-sufficiency and (ii) the
392392 8 value and benefits of employment. As a condition of
393393 9 eligibility for that aid, every person who applies for aid
394394 10 under this Article on or after the effective date of this
395395 11 amendatory Act of 1995 shall prepare and submit, as part of the
396396 12 application or subsequent redetermination, a personal plan for
397397 13 achieving employment and self-sufficiency. The plan shall
398398 14 incorporate the individualized assessment and employability
399399 15 plan set out in subsections (d), (f), and (g) of Section 9A-8.
400400 16 The plan may be amended as the recipient's needs change. The
401401 17 assessment process to develop the plan shall include questions
402402 18 that screen for domestic violence issues and steps needed to
403403 19 address these issues may be part of the plan. If the individual
404404 20 indicates that he or she is a victim of domestic violence, he
405405 21 or she may also be referred to an available domestic violence
406406 22 program. Failure of the client to follow through on the
407407 23 personal plan for employment and self-sufficiency may be a
408408 24 basis for sanction under Section 4-21.
409409 25 (Source: P.A. 96-866, eff. 7-1-10; 97-813, eff. 7-13-12.)
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420420 1 (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
421421 2 Sec. 4-1.1. Child age eligibility.
422422 3 (a) Every assistance unit must include a child, except as
423423 4 provided in subsection (b) subsections (b) and (c). The child
424424 5 or children must have already been born and be under age 18,
425425 6 or, if age 18, must be a full-time student in a secondary
426426 7 school or the equivalent level of vocational or technical
427427 8 training.
428428 9 (b) Cash assistance Grants shall be provided for
429429 10 assistance units including consisting exclusively of a
430430 11 pregnant person woman with no dependent child, and may include
431431 12 her husband if living with her, if the pregnancy has been
432432 13 determined by medical diagnosis.
433433 14 (c) (Blank). Grants may be provided for assistance units
434434 15 consisting of only adults if all the children living with
435435 16 those adults are children with disabilities and receive
436436 17 Supplemental Security Income.
437437 18 (Source: P.A. 99-143, eff. 7-27-15.)
438438 19 (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
439439 20 Sec. 4-1.2. Living Arrangements - Parents - Relatives -
440440 21 Foster Care.
441441 22 (a) The child or children must live with a caretaker
442442 23 relative as set forth in subsection (b) unless the child or
443443 24 children have been:
444444 25 (1)(A) removed from the home of the parents or other
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455455 1 relatives by court order under the Juvenile Court Act or
456456 2 the Juvenile Court Act of 1987, (B) placed under the
457457 3 guardianship of the Department of Children and Family
458458 4 Services, and (C) under such guardianship, placed in a
459459 5 foster family home, group home, or child care institution
460460 6 licensed pursuant to the Child Care Act of 1969 or
461461 7 approved by that Department as meeting standards
462462 8 established for licensing under that Act; or
463463 9 (2) relinquished in accordance with the Abandoned
464464 10 Newborn Infant Protection Act.
465465 11 (b) A caretaker relative is the specified relative with
466466 12 whom the child is living. Specified relatives are the
467467 13 following blood and adoptive relatives:
468468 14 (1) First Degree of Relationship:
469469 15 (A) father; or
470470 16 (B) mother.
471471 17 (2) Second Degree of Relationship:
472472 18 (A) brother;
473473 19 (B) sister;
474474 20 (C) grandmother; or
475475 21 (D) grandfather.
476476 22 (3) Third Degree of Relationship:
477477 23 (A) great-grandfather;
478478 24 (B) great-grandmother;
479479 25 (C) uncle;
480480 26 (D) aunt;
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491491 1 (E) nephew; or
492492 2 (F) niece.
493493 3 (4) Fourth Degree of Relationship:
494494 4 (A) great-great-grandfather;
495495 5 (B) great-great-grandmother;
496496 6 (C) great-uncle;
497497 7 (D) great-aunt;
498498 8 (E) first cousin;
499499 9 (F) great-nephew; or
500500 10 (G) great-niece.
501501 11 (5) Fifth Degree of Relationship:
502502 12 (A) great-great-great-grandfather;
503503 13 (B) great-great-great-grandmother;
504504 14 (C) great-great-uncle;
505505 15 (D) great-great-aunt;
506506 16 (E) first cousin once removed;
507507 17 (F) second cousin;
508508 18 (H) great-great niece; or
509509 19 (I) great-great nephew.
510510 20 (6) Step-Relatives
511511 21 (A) step-father;
512512 22 (B) step-mother;
513513 23 (C) step-brother; or
514514 24 (D) step-sister.
515515 25 (c) Notwithstanding the exceptions set forth in paragraphs
516516 26 (1) and (2) of subsection (a), every assistance unit shall
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527527 1 have one specified relative of the child or children
528528 2 designated as the caretaker relative. The caretaker relative
529529 3 does not have to meet a minimum or a maximum age requirement.
530530 4 If the caretaker relative is included in the assistance unit,
531531 5 this person shall be considered an adult. For pregnant persons
532532 6 eligible for cash assistance under subsection (b) of Section
533533 7 4-1.1, the pregnant person shall be designated as the
534534 8 caretaker relative. When a child lives with a parent, that
535535 9 parent shall be designated as the caretaker relative except as
536536 10 follows:
537537 11 (1) another relative in the home shall be the
538538 12 caretaker relative if the Department of Children and
539539 13 Family Services has placed the child with the relative; or
540540 14 (2) another relative in the home has assumed
541541 15 responsibility for the child due to the parent's inability
542542 16 to adequately care for the child.
543543 17 (d) Assistance unit.
544544 18 (1) For purposes of assessing income eligibility for
545545 19 CASH under Section 4-1.6 and the amount of cash assistance
546546 20 under Section 4-2, the following people, if living
547547 21 together, must be included in the same assistance unit:
548548 22 (i) A child, as set forth in subsection (a) of
549549 23 Section 4-1.1, and his or her blood or adoptive
550550 24 siblings who are children as set forth in subsection
551551 25 (a) of Section 4-1.1,
552552 26 (ii) The blood or adoptive mother of the child or
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563563 1 children and the spouse of the blood or adoptive
564564 2 mother, and
565565 3 (iii) The blood or adoptive father of the children
566566 4 and the spouse of the blood or adoptive father.
567567 5 (1a) The assistance unit may include a specified
568568 6 relative who is neither the blood or adoptive father nor
569569 7 mother of the children or children in the assistance unit
570570 8 but has been designated as the caretaker relative for the
571571 9 assistance unit. The assistance unit may also include the
572572 10 spouse of the caretaker relative.
573573 11 (2) If eligibility for CASH is based on the assistance
574574 12 unit including a pregnant person under subsection (b) of
575575 13 Section 4-1.1, and the assistance unit does not contain a
576576 14 child, as set forth in subsection (a) of Section 4-1.1,
577577 15 the assistance unit must include both the pregnant person
578578 16 and, if the pregnant person is married, pregnant person's
579579 17 spouse if living together.
580580 18 (2a) If the pregnant person is a child, as set forth in
581581 19 Section 4-1.1(a), the assistance unit may include:
582582 20 (i) The blood or adoptive mother of the pregnant
583583 21 child, and the spouse of the blood or adoptive mother.
584584 22 (ii) The blood or adoptive father of the pregnant
585585 23 child, and the spouse of the blood or adoptive father.
586586 24 (iii) A specified relative serving as the
587587 25 caretaker relative for the pregnant child, and the
588588 26 spouse of the caretaker relative.
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599599 1 (3) One person may be the caretaker relative for 2
600600 2 separate assistance units under this Section if:
601601 3 (i) the person, his or her child or children,
602602 4 siblings and the child or children's other parent
603603 5 shall receive CASH in one assistance unit; and
604604 6 (ii) a separate assistance unit shall be
605605 7 established when the person is also caretaker relative
606606 8 for other related children (for whom the person is not
607607 9 a parent). The second assistance unit must also
608608 10 contain an eligible parent or parents and siblings of
609609 11 the child or children in the unit.
610610 12 (e) When a specified relative is no longer available to
611611 13 act as a caretaker relative for children already receiving
612612 14 CASH, another person whom the children are living with may
613613 15 serve as a temporary caretaker for the remainder of the
614614 16 certification period as set forth in Section 4-2.2. The
615615 17 temporary caretaker shall not be included in the assistance
616616 18 unit.
617617 19 (a) The child or children must (1) be living with his or
618618 20 their father, mother, grandfather, grandmother, brother,
619619 21 sister, stepfather, stepmother, stepbrother, stepsister, uncle
620620 22 or aunt, or other relative approved by the Illinois
621621 23 Department, in a place of residence maintained by one or more
622622 24 of such relatives as his or their own home, or (2) have been
623623 25 (a) removed from the home of the parents or other relatives by
624624 26 judicial order under the Juvenile Court Act or the Juvenile
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635635 1 Court Act of 1987, as amended, (b) placed under the
636636 2 guardianship of the Department of Children and Family
637637 3 Services, and (c) under such guardianship, placed in a foster
638638 4 family home, group home or child care institution licensed
639639 5 pursuant to the "Child Care Act of 1969", approved May 15,
640640 6 1969, as amended, or approved by that Department as meeting
641641 7 standards established for licensing under that Act, or (3)
642642 8 have been relinquished in accordance with the Abandoned
643643 9 Newborn Infant Protection Act. A child so placed in foster
644644 10 care who was not receiving aid under this Article in or for the
645645 11 month in which the court proceedings leading to that placement
646646 12 were initiated may qualify only if he lived in the home of his
647647 13 parents or other relatives at the time the proceedings were
648648 14 initiated, or within 6 months prior to the month of
649649 15 initiation, and would have received aid in and for that month
650650 16 if application had been made therefor.
651651 17 (b) The Illinois Department may, by rule, establish those
652652 18 persons who are living together who must be included in the
653653 19 same assistance unit in order to receive cash assistance under
654654 20 this Article and the income and assets of those persons in an
655655 21 assistance unit which must be considered in determining
656656 22 eligibility.
657657 23 (c) The conditions of qualification herein specified shall
658658 24 not prejudice aid granted under this Code for foster care
659659 25 prior to the effective date of this 1969 Amendatory Act.
660660 26 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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671671 1 (305 ILCS 5/4-1.2a) (from Ch. 23, par. 4-1.2a)
672672 2 Sec. 4-1.2a. Residents of public institutions. Residents
673673 3 of municipal, county, state or national institutions for
674674 4 persons with mental illness or persons with a developmental
675675 5 disability or for the tuberculous, or residents of a home or
676676 6 other institution maintained by such governmental bodies when
677677 7 not in need of institutional care because of sickness,
678678 8 convalescence, infirmity, or chronic illness, and inmates of
679679 9 penal or correctional institutions maintained by such
680680 10 governmental bodies, may qualify for aid under this Article
681681 11 only after they have ceased to be residents or inmates.
682682 12 A person shall not be deemed a resident of a State
683683 13 institution for persons with mental illness or persons with a
684684 14 developmental disability within the meaning of this Section if
685685 15 he or she has been conditionally discharged by the Department
686686 16 of Mental Health and Developmental Disabilities or the
687687 17 Department of Human Services (acting as successor to the
688688 18 Department of Mental Health and Developmental Disabilities)
689689 19 and is no longer residing in the institution.
690690 20 Recipients of benefits under this Article who become
691691 21 residents of such institutions shall be permitted a period of
692692 22 up to 30 days in such institutions without suspension or
693693 23 termination of eligibility. Benefits for which such person is
694694 24 eligible shall be restored, effective on the date of discharge
695695 25 or release, for persons who are residents of institutions.
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706706 1 Within a reasonable time after the discharge of a person who
707707 2 was a resident of an institution, the Department shall
708708 3 redetermine the eligibility of such person.
709709 4 The Department shall provide for procedures to expedite
710710 5 the determination of incapacity or ability to engage in
711711 6 employment of persons scheduled to be discharged from
712712 7 facilities operated by the Department.
713713 8 (Source: P.A. 92-111, eff. 1-1-02.)
714714 9 (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
715715 10 Sec. 4-1.6. Need.
716716 11 (a) The assistance unit, as set forth in subsection (d) of
717717 12 Section 4-1.2, shall be eligible for CASH if the assistance
718718 13 unit has countable income as defined in subsection (b), at or
719719 14 below 50% of the federal poverty level updated periodically in
720720 15 the Federal Register by the U.S. Department of Health and
721721 16 Human Services under the authority of 42 U.S.C. 9902(2).
722722 17 (b) Countable income. In determining whether an assistance
723723 18 unit has countable income at or below 50% of the federal
724724 19 poverty level, the Department shall consider only income from
725725 20 the following sources:
726726 21 (1) wages and salaries of an employee;
727727 22 (2) net earnings from self-employment;
728728 23 (3) Social Security Retirement benefits;
729729 24 (4) unemployment insurance benefits;
730730 25 (5) pensions;
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741741 1 (6) dividends, interest, and royalties;
742742 2 (7) spousal maintenance payments made pursuant to a
743743 3 court order;
744744 4 (8) payments provided to striking workers by a labor
745745 5 union; and
746746 6 (9) insurance payments made pursuant to a short-term
747747 7 disability policy.
748748 8 Income available to the family as defined by the Illinois
749749 9 Department by rule, or to the child in the case of a child
750750 10 removed from his or her home, when added to contributions in
751751 11 money, substance or services from other sources, including
752752 12 income available from parents absent from the home or from a
753753 13 stepparent, contributions made for the benefit of the parent
754754 14 or other persons necessary to provide care and supervision to
755755 15 the child, and contributions from legally responsible
756756 16 relatives, must be equal to or less than the grant amount
757757 17 established by Department regulation for such a person. For
758758 18 purposes of eligibility for aid under this Article, the
759759 19 Department shall (a) disregard all earned income between the
760760 20 grant amount and 50% of the Federal Poverty Level and (b)
761761 21 disregard the value of all assets held by the family.
762762 22 In considering income to be taken into account,
763763 23 consideration shall be given to any expenses reasonably
764764 24 attributable to the earning of such income. Three-fourths of
765765 25 the earned income of a household eligible for aid under this
766766 26 Article shall be disregarded when determining the level of
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777777 1 assistance for which a household is eligible. All child
778778 2 support, whether it be current support, past support owed, or
779779 3 future support, that is collected on or after January 1, 2023
780780 4 on behalf of a family shall be passed through to the family and
781781 5 disregarded in determining the amount of the assistance grant
782782 6 provided to the family under this Article. Any amount of child
783783 7 support that would be disregarded in determining the amount of
784784 8 the assistance grant shall be disregarded in determining
785785 9 eligibility for cash assistance provided under this Article.
786786 10 The Illinois Department may also permit all or any portion of
787787 11 earned or other income to be set aside for the future
788788 12 identifiable needs of a child. The Illinois Department may
789789 13 provide by rule and regulation for the exemptions thus
790790 14 permitted or required. The eligibility of any applicant for or
791791 15 recipient of public aid under this Article is not affected by
792792 16 the payment of any grant under the "Senior Citizens and
793793 17 Persons with Disabilities Property Tax Relief Act" or any
794794 18 distributions or items of income described under subparagraph
795795 19 (X) of paragraph (2) of subsection (a) of Section 203 of the
796796 20 Illinois Income Tax Act.
797797 21 The Illinois Department may, by rule, set forth criteria
798798 22 under which an assistance unit is ineligible for cash
799799 23 assistance under this Article for a specified number of months
800800 24 due to the receipt of a lump sum payment.
801801 25 (Source: P.A. 102-1115, eff. 7-1-24.)
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812812 1 (305 ILCS 5/4-1.6b)
813813 2 Sec. 4-1.6b. Date for providing aid; employability
814814 3 assessment.
815815 4 (a) Except as set forth in subsection (c), the The
816816 5 Department shall provide an eligibility determination to all
817817 6 applicants for cash assistance under this Article financial
818818 7 aid no more than 30 45 days after the date of application.
819819 8 (b) During the first 45 days after the date of
820820 9 application, the applicant shall undergo a thorough
821821 10 employability assessment, in accordance with subsection (d) of
822822 11 Section 9A-8 of this Code, and shall prepare a personal plan
823823 12 for achieving employment and self-sufficiency in accordance
824824 13 with Section 4-1 of this Code. The requirement to engage in
825825 14 work-related activity may commence 30 days after the date of
826826 15 application.
827827 16 (b) Cash assistance (c) Financial aid under this Article
828828 17 shall be authorized effective 30 days after the date of
829829 18 application, and immediately provided to the assistance unit
830830 19 if the assistance unit is determined to be eligible. provided
831831 20 that the applicant is eligible on that date.
832832 21 (c) Expedited processing. Assistance units with zero
833833 22 dollars of countable income as set forth in subsection (b) of
834834 23 Section 4-1.6 shall be entitled to expedited processing of the
835835 24 assistance unit's initial application. For assistance units
836836 25 entitled to expedited processing, the Department shall provide
837837 26 a determination of eligibility no later than 5 days after the
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848848 1 date of application. For assistance units determined to be
849849 2 eligible through expedited processing, cash assistance under
850850 3 this Article shall be authorized and provided to the
851851 4 assistance unit no later than 5 days after the date of
852852 5 application.
853853 6 (Source: P.A. 96-866, eff. 7-1-10; 97-683, eff. 7-1-12.)
854854 7 (305 ILCS 5/4-1.6c new)
855855 8 Sec. 4-1.6c. Budgeting countable income.
856856 9 (a) The Department shall use the estimated monthly income
857857 10 of the assistance unit to determine income eligibility for
858858 11 CASH. All applicants, and recipients whose eligibility is
859859 12 being redetermined under Section 4-2.3, shall have their
860860 13 income and attendant circumstances budgeted prospectively.
861861 14 Estimated monthly income shall be further defined by the
862862 15 Department by rule, subject to the provisions of this Article.
863863 16 (b) In determining the eligibility of the assistance unit,
864864 17 the Department shall consider only the countable income, as
865865 18 set forth in subsection (b) of Section 4-1.6, of members of the
866866 19 assistance unit, as set forth in subsection (d) of Section
867867 20 4-1.2. The countable income of persons living with members of
868868 21 the assistance unit, but who are not themselves members of the
869869 22 assistance unit, shall not be considered.
870870 23 (305 ILCS 5/4-1.13 new)
871871 24 Sec. 4-1.13. Citizenship; immigration status.
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882882 1 (a) Cash assistance under this Article shall be made
883883 2 available to assistance units eligible under Sections 4-1.1
884884 3 through 4.1.6, regardless of the citizenship or immigration
885885 4 status of any members of the assistance unit or any persons
886886 5 with whom members of the assistance unit are living.
887887 6 (b) The Department shall not attempt to verify the
888888 7 citizenship or immigration status of eligible assistance
889889 8 units, unless the household has also submitted an application
890890 9 for benefits in addition to CASH, where verifying citizenship
891891 10 or immigration status is necessary to determine eligibility
892892 11 for such benefits under this Code or federal law.
893893 12 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
894894 13 Sec. 4-2. Amount of aid.
895895 14 (a) The amount of cash assistance that shall be paid to
896896 15 eligible assistance units under this Article is equal to 40%
897897 16 of the federal poverty level, updated periodically in the
898898 17 Federal Register by the U.S. Department of Health and Human
899899 18 Services under the authority of 42 U.S.C. 9902(2), based on
900900 19 the number of persons included in the assistance unit as set
901901 20 forth in Section 4-1.2(d). The amount of assistance is equal
902902 21 to 40% of the federal poverty level, regardless of the amount
903903 22 of countable income of the assistance unit below the income
904904 23 eligibility limit as set forth in subsection (a) of Section
905905 24 4-1.6. During the certification period, as set forth in
906906 25 Section 4-2.2, the amount of cash assistance shall be divided
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917917 1 into 12 installments with one installment provided to the
918918 2 assistance unit each calendar month. and nature of financial
919919 3 aid shall be determined in accordance with the grant amounts,
920920 4 rules and regulations of the Illinois Department. Due regard
921921 5 shall be given to the self-sufficiency requirements of the
922922 6 family and to the income, money contributions and other
923923 7 support and resources available, from whatever source.
924924 8 However, the amount and nature of any financial aid is not
925925 9 affected by the payment of any grant under the "Senior
926926 10 Citizens and Persons with Disabilities Property Tax Relief
927927 11 Act" or any distributions or items of income described under
928928 12 subparagraph (X) of paragraph (2) of subsection (a) of Section
929929 13 203 of the Illinois Income Tax Act. The aid shall be
930930 14 sufficient, when added to all other income, money
931931 15 contributions and support to provide the family with a grant
932932 16 in the amount established by Department regulation.
933933 17 (a-5) For the purposes of this subsection, TANF grant
934934 18 amounts shall consist of the following portions:
935935 19 (1) 75% shall be designated for the child or children
936936 20 of the assistance unit; and
937937 21 (2) 25% shall be designated for the adult member or
938938 22 members of the assistance unit.
939939 23 (b) The Illinois Department may conduct special projects,
940940 24 which may be known as Grant Diversion Projects, under which
941941 25 recipients of financial aid under this Article are placed in
942942 26 jobs and their grants are diverted to the employer who in turn
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953953 1 makes payments to the recipients in the form of salary or other
954954 2 employment benefits. The Illinois Department shall by rule
955955 3 specify the terms and conditions of such Grant Diversion
956956 4 Projects. Such projects shall take into consideration and be
957957 5 coordinated with the programs administered under the Illinois
958958 6 Emergency Employment Development Act.
959959 7 (c) The amount and nature of the financial aid for a child
960960 8 requiring care outside his own home shall be determined in
961961 9 accordance with the rules and regulations of the Illinois
962962 10 Department, with due regard to the needs and requirements of
963963 11 the child in the foster home or institution in which he has
964964 12 been placed.
965965 13 (d) If the Department establishes grants for family units
966966 14 consisting exclusively of a pregnant woman with no dependent
967967 15 child or including her husband if living with her, the grant
968968 16 amount for such a unit shall be equal to the grant amount for
969969 17 an assistance unit consisting of one adult, or 2 persons if the
970970 18 husband is included. Other than as herein described, an unborn
971971 19 child shall not be counted in determining the size of an
972972 20 assistance unit or for calculating grants.
973973 21 Payments for basic maintenance requirements of a child or
974974 22 children and the relative with whom the child or children are
975975 23 living shall be prescribed, by rule, by the Illinois
976976 24 Department.
977977 25 Grants under this Article shall not be supplemented by
978978 26 General Assistance provided under Article VI.
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989989 1 (b) Cash assistance (e) Grants shall be paid to the
990990 2 designated caretaker relative as set forth in Section 4-1.2.
991991 3 parent or other person with whom the child or children are
992992 4 living, except for such amount as is paid in behalf of the
993993 5 child or his parent or other relative to other persons or
994994 6 agencies pursuant to this Code or the rules and regulations of
995995 7 the Illinois Department.
996996 8 (c) The amount of cash assistance shall not vary on the
997997 9 basis of the applicant assistance unit's county of residence.
998998 10 (f) Subject to subsection (f-5), an assistance unit,
999999 11 receiving financial aid under this Article or temporarily
10001000 12 ineligible to receive aid under this Article under a penalty
10011001 13 imposed by the Illinois Department for failure to comply with
10021002 14 the eligibility requirements or that voluntarily requests
10031003 15 termination of financial assistance under this Article and
10041004 16 becomes subsequently eligible for assistance within 9 months,
10051005 17 shall not receive any increase in the amount of aid solely on
10061006 18 account of the birth of a child; except that an increase is not
10071007 19 prohibited when the birth is (i) of a child of a pregnant woman
10081008 20 who became eligible for aid under this Article during the
10091009 21 pregnancy, or (ii) of a child born within 10 months after the
10101010 22 date of implementation of this subsection, or (iii) of a child
10111011 23 conceived after a family became ineligible for assistance due
10121012 24 to income or marriage and at least 3 months of ineligibility
10131013 25 expired before any reapplication for assistance. This
10141014 26 subsection does not, however, prevent a unit from receiving a
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10251025 1 general increase in the amount of aid that is provided to all
10261026 2 recipients of aid under this Article.
10271027 3 The Illinois Department is authorized to transfer funds,
10281028 4 and shall use any budgetary savings attributable to not
10291029 5 increasing the grants due to the births of additional
10301030 6 children, to supplement existing funding for employment and
10311031 7 training services for recipients of aid under this Article IV.
10321032 8 The Illinois Department shall target, to the extent the
10331033 9 supplemental funding allows, employment and training services
10341034 10 to the families who do not receive a grant increase after the
10351035 11 birth of a child. In addition, the Illinois Department shall
10361036 12 provide, to the extent the supplemental funding allows, such
10371037 13 families with up to 24 months of transitional child care
10381038 14 pursuant to Illinois Department rules. All remaining
10391039 15 supplemental funds shall be used for employment and training
10401040 16 services or transitional child care support.
10411041 17 In making the transfers authorized by this subsection, the
10421042 18 Illinois Department shall first determine, pursuant to
10431043 19 regulations adopted by the Illinois Department for this
10441044 20 purpose, the amount of savings attributable to not increasing
10451045 21 the grants due to the births of additional children. Transfers
10461046 22 may be made from General Revenue Fund appropriations for
10471047 23 distributive purposes authorized by Article IV of this Code
10481048 24 only to General Revenue Fund appropriations for employability
10491049 25 development services including operating and administrative
10501050 26 costs and related distributive purposes under Article IXA of
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10611061 1 this Code. The Director, with the approval of the Governor,
10621062 2 shall certify the amount and affected line item appropriations
10631063 3 to the State Comptroller.
10641064 4 Nothing in this subsection shall be construed to prohibit
10651065 5 the Illinois Department from using funds under this Article IV
10661066 6 to provide assistance in the form of vouchers that may be used
10671067 7 to pay for goods and services deemed by the Illinois
10681068 8 Department, by rule, as suitable for the care of the child such
10691069 9 as diapers, clothing, school supplies, and cribs.
10701070 10 (f-5) Subsection (f) shall not apply to affect the monthly
10711071 11 assistance amount of any family as a result of the birth of a
10721072 12 child on or after January 1, 2004. As resources permit after
10731073 13 January 1, 2004, the Department may cease applying subsection
10741074 14 (f) to limit assistance to families receiving assistance under
10751075 15 this Article on January 1, 2004, with respect to children born
10761076 16 prior to that date. In any event, subsection (f) shall be
10771077 17 completely inoperative on and after July 1, 2007.
10781078 18 (g) (Blank).
10791079 19 (d) (h) Notwithstanding any other provision of this Code,
10801080 20 the Illinois Department is authorized to suspend acceptance of
10811081 21 new applications for CASH and suspend redeterminations of
10821082 22 eligibility for CASH reduce payment levels used to determine
10831083 23 cash grants under this Article after December 31 of any fiscal
10841084 24 year if the Illinois Department determines that the caseload
10851085 25 upon which the appropriations for the current fiscal year are
10861086 26 based have increased by more than 5% and the appropriation is
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10971097 1 not sufficient to ensure that cash benefits under this Article
10981098 2 do not exceed the amounts appropriated for those cash
10991099 3 benefits. The suspension of applications or redeterminations
11001100 4 Reductions in payment levels may be accomplished by emergency
11011101 5 rule under Section 5-45 of the Illinois Administrative
11021102 6 Procedure Act, except that the limitation on the number of
11031103 7 emergency rules that may be adopted in a 24-month period shall
11041104 8 not apply and the provisions of Sections 5-115 and 5-125 of the
11051105 9 Illinois Administrative Procedure Act shall not apply.
11061106 10 Increases in payment levels shall be accomplished only in
11071107 11 accordance with Section 5-40 of the Illinois Administrative
11081108 12 Procedure Act. Before any rule to increase payment levels
11091109 13 promulgated under this Section shall become effective, a joint
11101110 14 resolution approving the rule must be adopted by a roll call
11111111 15 vote by a majority of the members elected to each chamber of
11121112 16 the General Assembly.
11131113 17 (Source: P.A. 101-103, eff. 7-19-19.)
11141114 18 (305 ILCS 5/4-2.1 new)
11151115 19 Sec. 4-2.1. Application.
11161116 20 (a) To receive CASH under this Article, assistance units
11171117 21 must submit an application.
11181118 22 (b) The Department shall make applications for CASH
11191119 23 available to the public immediately upon the effective date of
11201120 24 this amendatory Act of the 104th General Assembly. The
11211121 25 Department shall integrate the application for CASH into the
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11321132 1 combined Application for Benefits Eligibility, or any other
11331133 2 system that the Department may use in the future to allow
11341134 3 applications for multiple forms of assistance. The Department
11351135 4 shall make paper applications for CASH available at all local
11361136 5 offices. In addition to the methods set forth above, the
11371137 6 Department may develop other methods by which to accept
11381138 7 applications for CASH.
11391139 8 (c) For households applying only for CASH, the application
11401140 9 shall include a request for only such information as required
11411141 10 to verify eligibility for CASH under this Article.
11421142 11 (d) In verifying the income eligibility of the assistance
11431143 12 unit, the Department shall make reasonable efforts to limit
11441144 13 the verification documentation from the applicant assistance
11451145 14 unit. Department efforts shall include but are not limited to:
11461146 15 (1) utilizing any and all electronic data sources
11471147 16 already available to the Department for purposes of
11481148 17 assessing eligibility for benefits, subject to any
11491149 18 restrictions in State or federal law, including, but not
11501150 19 limited to:
11511151 20 (i) income tax information;
11521152 21 (ii) unearned income, retirement benefits, and
11531153 22 other relevant information maintained by the Social
11541154 23 Security Administration;
11551155 24 (iii) employer reports of income and unemployment
11561156 25 insurance payment information maintained by the
11571157 26 Department of Employment Security;
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11681168 1 (iv) wage reporting and similar information
11691169 2 maintained by states contiguous to this State;
11701170 3 (v) employment information maintained by the
11711171 4 Department of Employment Security in its New Hire
11721172 5 Directory database;
11731173 6 (vi) employment information maintained by the
11741174 7 United States Department of Health and Human Services
11751175 8 in its National Directory of New Hires database;
11761176 9 (vii) veterans' benefits information maintained by
11771177 10 the United States Department of Health and Human
11781178 11 Services, in coordination with the Department of
11791179 12 Health and Human Services and the Department of
11801180 13 Veterans' Affairs, in the federal Public Assistance
11811181 14 Reporting Information System (PARIS) database;
11821182 15 (viii) residency information maintained by the
11831183 16 Illinois Secretary of State; and
11841184 17 (ix) a database which is substantially similar to
11851185 18 or a successor of a database described in this Section
11861186 19 that contains information relevant for verifying
11871187 20 eligibility;
11881188 21 (2) utilizing income eligibility information submitted
11891189 22 by members of the assistance unit pursuant to the
11901190 23 assistance unit's application or redetermination of other
11911191 24 benefits administered by the Department, subject to any
11921192 25 restrictions in State or federal law, including, but not
11931193 26 limited to:
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12041204 1 (i) Aid for the Aged, Blind, and Disabled (AABD)
12051205 2 under Article III;
12061206 3 (ii) Medical Assistance under Article V;
12071207 4 (iii) the Supplemental Nutrition Assistance
12081208 5 Program (SNAP);
12091209 6 (iv) the Special Supplemental Nutrition Program
12101210 7 for Women, Infants, and Children (WIC);
12111211 8 (v) the Child Care Assistance Program under
12121212 9 Article IX; and
12131213 10 (vi) benefits for foreign-born victims of
12141214 11 trafficking, torture, or other serious crimes under
12151215 12 Article XVI.
12161216 13 (e) The Department shall adopt a reasonable compatibility
12171217 14 test for determining if the amount of countable income
12181218 15 reported by the applicant assistance unit is reasonably
12191219 16 compatible with income the Department has verified
12201220 17 electronically or from other sources, including, but not
12211221 18 limited to, those set forth in paragraph (1) of subsection
12221222 19 (d). Reported income is reasonably compatible with
12231223 20 electronically verified income when the Federal Poverty Level
12241224 21 (FPL), updated periodically in the Federal Register by the
12251225 22 U.S. Department of Health and Human Services under the
12261226 23 authority of 42 U.S.C. 9902(2), of the income reported on the
12271227 24 application or redetermination of eligibility form is within
12281228 25 5% of the federal poverty level of countable income
12291229 26 verification obtained by the Department electronically or from
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12401240 1 another data source.
12411241 2 (1) If the countable income reported by the applicant
12421242 3 assistance unit, or recipient assistance unit during a
12431243 4 redetermination of eligibility, is in an amount less than
12441244 5 or equal to 50% of the Federal Poverty Level, and the
12451245 6 reported countable income is reasonably compatible with
12461246 7 countable income the Department has verified
12471247 8 electronically or from other sources, additional
12481248 9 verification of income shall not be requested of the
12491249 10 assistance unit, and the Department shall finalize the
12501250 11 determination of eligibility.
12511251 12 (2) If the countable income reported by the applicant
12521252 13 assistance unit, or recipient assistance unit during a
12531253 14 redetermination of eligibility, is in an amount less than
12541254 15 or equal to 50% of the Federal Poverty Level, and the
12551255 16 reported countable income is not reasonably compatible
12561256 17 with countable income the Department has verified
12571257 18 electronically or from other sources, additional
12581258 19 verification of income shall be requested of the
12591259 20 assistance unit.
12601260 21 (3) If the countable income reported by the applicant
12611261 22 assistance unit, or recipient assistance unit during a
12621262 23 redetermination of eligibility, is in an amount greater
12631263 24 than 50% of the Federal Poverty Level, and the reported
12641264 25 countable income is reasonably compatible with countable
12651265 26 income the Department has verified electronically or from
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12761276 1 other sources, where the countable income the Department
12771277 2 has verified electronically or from other sources is in an
12781278 3 amount less than or equal to 50% of the Federal Poverty
12791279 4 Level, additional verification of income shall be
12801280 5 requested of the assistance unit.
12811281 6 (4) If the countable income reported by the applicant
12821282 7 assistance unit, or recipient assistance unit during a
12831283 8 redetermination of eligibility, is in an amount greater
12841284 9 than 50% of the Federal Poverty Level, but less than or
12851285 10 equal to 55% of the Federal Poverty Level, and the
12861286 11 countable income the Department has verified
12871287 12 electronically or from other sources is also in an amount
12881288 13 greater than 50% of the Federal Poverty Level, additional
12891289 14 verification of countable income shall be requested of the
12901290 15 applicant assistance unit.
12911291 16 (5) If the countable income reported by the applicant
12921292 17 assistance unit, or recipient assistance unit during a
12931293 18 redetermination of eligibility, is in an amount greater
12941294 19 than 55% of the Federal Poverty Level, and the countable
12951295 20 income the Department has verified electronically or from
12961296 21 other sources is also in an amount greater than 50% of the
12971297 22 Federal Poverty Level, additional verification of income
12981298 23 shall not be requested of the applicant assistance unit
12991299 24 and the Department shall finalize the determination of
13001300 25 ineligibility.
13011301 26 (f) Assistance units must cooperate in the determination
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13121312 1 of eligibility for CASH. When the Department is not in
13131313 2 possession of reliable or reasonably compatible information
13141314 3 sufficient to verify the eligibility of the assistance unit,
13151315 4 and the assistance unit is unwilling or fails to provide
13161316 5 additional verification or to consent to verification, the
13171317 6 application will be denied.
13181318 7 (305 ILCS 5/4-2.2 new)
13191319 8 Sec. 4-2.2. Certification period.
13201320 9 (a) Assistance units deemed eligible to receive CASH
13211321 10 either at the point of initial application, as set forth in
13221322 11 Section 4-2.1, or following a redetermination of eligibility,
13231323 12 as set forth in Section 4-2.3, shall be certified to receive
13241324 13 monthly cash installments as set forth in subsection (a) of
13251325 14 Section 4-2 for a period of 12 months.
13261326 15 (b) Assistance units certified as eligible for CASH shall
13271327 16 receive monthly cash installments during the 12-month
13281328 17 certification period regardless of changes in household
13291329 18 circumstances, such as increased countable income or a change
13301330 19 in the composition of the assistance unit.
13311331 20 (c) Assistance units shall not be obligated to report to
13321332 21 the Department any changes in circumstances until the
13331333 22 eligibility of the assistance unit is redetermined as set
13341334 23 forth in Section 4-2.3.
13351335 24 The assistance unit may report changes in circumstances to
13361336 25 the Department where those changes would result in an increase
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13471347 1 in the amount of cash assistance as set forth in Section 4-2,
13481348 2 such as the birth of a child. Upon receiving a report from an
13491349 3 assistance unit that would result in an increase in the
13501350 4 benefits of the assistance unit, the Department shall reassess
13511351 5 the amount of assistance under Section 4-2 and issue the
13521352 6 increased allotments beginning from the date of the reported
13531353 7 change.
13541354 8 (305 ILCS 5/4-2.3 new)
13551355 9 Sec. 4-2.3. Redetermination of eligibility.
13561356 10 (a) A redetermination of the eligibility of each
13571357 11 assistance unit receiving CASH shall be conducted before the
13581358 12 end of the 12-month certification period. It is the
13591359 13 Department's responsibility to determine the continued
13601360 14 eligibility of all assistance units receiving CASH and it is
13611361 15 the responsibility of the assistance unit to cooperate in the
13621362 16 redetermination of eligibility.
13631363 17 (b) In redetermining the eligibility of the assistance
13641364 18 unit, the Department shall request only such information as
13651365 19 required to verify continued eligibility for CASH under this
13661366 20 Article.
13671367 21 (c) Just as with the determination of eligibility at the
13681368 22 point of application as set forth in Section 4-2.1, in
13691369 23 redetermining the income eligibility of the assistance unit,
13701370 24 the Department shall make reasonable efforts to limit the
13711371 25 verification documentation from the assistance unit and apply
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13821382 1 the reasonable compatibility test for countable income set
13831383 2 forth in subsection (e) of Section 4-2.1. The Department shall
13841384 3 make reasonable efforts to provide assistance units with
13851385 4 redetermination forms that are pre-populated with reliable and
13861386 5 timely information, including updated information related to
13871387 6 countable income, that is accessible to the Department without
13881388 7 the cooperation of the assistance unit.
13891389 8 (d) If additional information is necessary to redetermine
13901390 9 the eligibility of the assistance unit, the Department shall
13911391 10 make a request of that information from the household. The
13921392 11 assistance unit's failure to produce the requested information
13931393 12 in a timely manner will result in a termination of
13941394 13 eligibility.
13951395 14 (e) When information of a change in an assistance unit's
13961396 15 circumstances is received by the Department and the review and
13971397 16 application of that information would result in a decision
13981398 17 that an assistance unit is eligible for an increased amount of
13991399 18 financial assistance, the Department shall provide the
14001400 19 increased amount of assistance payment no later than 30
14011401 20 calendar days from the date that the Department initially
14021402 21 received the information.
14031403 22 (305 ILCS 5/4-4) (from Ch. 23, par. 4-4)
14041404 23 Sec. 4-4. Entitlement to medical assistance.
14051405 24 (a) Children and adults qualified for cash assistance
14061406 25 under this Article aid shall be entitled to receive, under
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14171417 1 Article V, all necessary medical assistance under Article V.
14181418 2 (b) Adults qualified for cash assistance under this
14191419 3 Article who are not enrolled in medical assistance under
14201420 4 Article V and who have not submitted an application for
14211421 5 medical assistance under Article V shall be notified by the
14221422 6 Department of their potential eligibility for medical
14231423 7 assistance under Article V and provided information on how to
14241424 8 apply.
14251425 9 (Source: Laws 1967, p. 122.)
14261426 10 (305 ILCS 5/4-9) (from Ch. 23, par. 4-9)
14271427 11 Sec. 4-9. Protective payment to substitute payee. If the
14281428 12 parent or designated caretaker relative becomes absent from
14291429 13 the home or is otherwise unable to manage the cash assistance
14301430 14 on behalf of the child or children in the assistance unit, the
14311431 15 Department other grantee relative persistently mismanages the
14321432 16 grant to the detriment of the child and the family but there is
14331433 17 reason to believe that, with specialized counseling and
14341434 18 guidance services, the parent or relative may develop ability
14351435 19 to manage the funds properly, the County Department, in
14361436 20 accordance with the rules and regulations of the Illinois
14371437 21 Department, may designate a person who is interested in or
14381438 22 concerned with the welfare of the child and its family as a
14391439 23 substitute payee to receive the cash assistance aid payment on
14401440 24 behalf of the assistance unit family. The County Department
14411441 25 may designate private welfare or social service agencies to
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14521452 1 serve as substitute payees in appropriate cases.
14531453 2 The substitute payee shall serve without compensation and
14541454 3 assume the obligation of seeing that the cash assistance aid
14551455 4 payment is expended for the benefit of the child and the
14561456 5 family. The substitute payee He may spend the grant for the
14571457 6 family, or supervise the parent or other relative in the use of
14581458 7 the grant, depending upon the circumstances in each case, and
14591459 8 shall make monthly reports to the County Department as the
14601460 9 County Department and the Illinois Department may require.
14611461 10 The County Department shall terminate the protective
14621462 11 payment when it is no longer necessary to assure that the grant
14631463 12 is being used for the welfare of the child and family, or when
14641464 13 the parent or other relative is no longer receiving and no
14651465 14 longer requires treatment for substance use disorders, mental
14661466 15 health services, or other special care or treatment.
14671467 16 A substitute payee may be removed, in accordance with the
14681468 17 rules and regulations of the Illinois Department, for
14691469 18 unsatisfactory service. The removal may be effected without
14701470 19 hearing. The decision shall not be appealable to the Illinois
14711471 20 Department nor shall it be reviewable in the courts.
14721472 21 The County Department shall conduct periodic reviews as
14731473 22 may be required by the Illinois Department to determine
14741474 23 whether there is a continuing need for a protective payment.
14751475 24 If it appears that the need for the payment is likely to
14761476 25 continue beyond a reasonable period, the County Department
14771477 26 shall take one of the other actions set out in Section 4-8.
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14881488 1 The parent or other relative shall be advised, in advance
14891489 2 of a determination to make a protective payment, that he may
14901490 3 appeal the decision to the Illinois Department under the
14911491 4 provisions of Section 11-8 of Article XI.
14921492 5 (Source: P.A. 100-759, eff. 1-1-19.)
14931493 6 (305 ILCS 5/4-12) (from Ch. 23, par. 4-12)
14941494 7 Sec. 4-12. Crisis assistance. Where a family has been (1)
14951495 8 rendered homeless or threatened with homelessness by fire,
14961496 9 flood, other natural disaster, eviction or court order to
14971497 10 vacate the premises for reasons other than nonpayment of rent,
14981498 11 or where a family has become homeless because they have left
14991499 12 their residence due to domestic or sexual violence; (1.5)
15001500 13 deprived of the household's income as a result of domestic or
15011501 14 sexual violence; (2) deprived of essential items of furniture
15021502 15 or essential clothing by fire or flood or other natural
15031503 16 disaster; (3) deprived of food as a result of actions other
15041504 17 than loss or theft of cash and where the deprivation cannot be
15051505 18 promptly alleviated through the federal food stamp program;
15061506 19 (4) as a result of a documented theft or documented loss of
15071507 20 cash, deprived of food or essential clothing or deprived of
15081508 21 shelter or immediately threatened with deprivation of shelter
15091509 22 as evidenced by a court order requiring immediate eviction due
15101510 23 to nonpayment of rent; or (5) rendered the victim of such other
15111511 24 hardships as the Illinois Department shall by rule define, the
15121512 25 Illinois Department may provide assistance to alleviate such
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15231523 1 needs. The Illinois Department shall verify need and determine
15241524 2 eligibility for crisis assistance for families already
15251525 3 receiving grants from the Illinois Department within 5 working
15261526 4 days following application for such assistance and shall
15271527 5 determine eligibility for all other families and afford such
15281528 6 assistance for families found eligible within such time limits
15291529 7 as the Illinois Department shall by rule provide. The Illinois
15301530 8 Department may, by rule, limit crisis assistance to an
15311531 9 eligible family to once in any 12 consecutive months. This
15321532 10 limitation may be made for some or all items of crisis
15331533 11 assistance.
15341534 12 The Illinois Department by regulation shall specify the
15351535 13 criteria for determining eligibility and the amount and nature
15361536 14 of assistance to be provided. The Department shall not limit
15371537 15 eligibility for crisis assistance based on the employment
15381538 16 status of the assistance unit. Where deprivation of shelter
15391539 17 exists or is threatened, the Illinois Department may provide
15401540 18 reasonable moving expenses, short term rental costs, including
15411541 19 one month's rent and a security deposit where such expenses
15421542 20 are needed for relocation, and, where the Department
15431543 21 determines appropriate, provide assistance to prevent an
15441544 22 imminent eviction or foreclosure. These amounts may be
15451545 23 described in established amounts or maximums. The Illinois
15461546 24 Department may also describe, for each form of assistance
15471547 25 authorized, the method by which the assistance shall be
15481548 26 delivered, including but not limited to warrants or disbursing
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15591559 1 orders.
15601560 2 Annual expenditures under this Section shall not exceed
15611561 3 $2,000,000. The Illinois Department shall review such
15621562 4 expenditures quarterly and shall, if necessary, reduce the
15631563 5 amounts or nature of assistance authorized in order to assure
15641564 6 that the limit is not exceeded.
15651565 7 (Source: P.A. 96-866, eff. 7-1-10.)
15661566 8 (305 ILCS 5/4-22)
15671567 9 Sec. 4-22. Domestic and sexual violence.
15681568 10 (a) The initial application assessment process set forth
15691569 11 under Section 4-2.1 to develop the personal plan for achieving
15701570 12 self-sufficiency shall include a question or set of questions
15711571 13 that screen for domestic and sexual violence issues.
15721572 14 Accompanying these questions shall be a statement notifying
15731573 15 the applicant that their answers to these questions will not
15741574 16 impact their eligibility for CASH. If the individual indicates
15751575 17 that he or she is the victim of domestic or sexual violence and
15761576 18 further indicates a need to address domestic or sexual
15771577 19 violence issues, the Department shall take in order to reach
15781578 20 self-sufficiency, the plan shall take this factor into account
15791579 21 in determining the work, education, and training activities
15801580 22 suitable to the client for achieving self-sufficiency. In
15811581 23 addition, in such a case, specific steps needed to directly
15821582 24 address the domestic or sexual violence issues may also be
15831583 25 made part of the plan, including referral to an available
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15941594 1 domestic or sexual violence program. Assistance under this
15951595 2 Article shall not be conditioned on participation in a
15961596 3 domestic or sexual violence program. The Department shall
15971597 4 conduct an individualized assessment and grant waivers of
15981598 5 program requirements and other required activities for victims
15991599 6 of domestic violence to the fullest extent allowed by 42
16001600 7 U.S.C. 602(a)(7)(A), and shall apply the same laws,
16011601 8 regulations, and policies to victims of sexual violence. The
16021602 9 duration of such waivers shall be initially determined and
16031603 10 subsequently redetermined on a case-by-case basis. There shall
16041604 11 be no limitation on the total number of months for which
16051605 12 waivers under this Section may be granted, but continuing
16061606 13 eligibility for a waiver shall be redetermined no less often
16071607 14 than every 6 months.
16081608 15 (b) The Illinois Department shall develop and monitor
16091609 16 compliance procedures for its employees, contractors, and
16101610 17 subcontractors to ensure that any information pertaining to
16111611 18 any member of an assistance unit client who claims to be a past
16121612 19 or present victim of domestic violence or an individual at
16131613 20 risk of further domestic violence, whether provided by the
16141614 21 victim or by a third party, will remain confidential.
16151615 22 (c) The Illinois Department shall develop and implement a
16161616 23 domestic violence training curriculum for Illinois Department
16171617 24 employees who serve applicants for and recipients of aid under
16181618 25 this Article. The curriculum shall be designed to better equip
16191619 26 those employees to identify and serve domestic violence
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16301630 1 victims. The Illinois Department may enter into a contract for
16311631 2 the development of the curriculum with one or more
16321632 3 organizations providing services to domestic violence victims.
16331633 4 The Illinois Department shall adopt rules necessary to
16341634 5 implement this subsection.
16351635 6 (Source: P.A. 96-866, eff. 7-1-10.)
16361636 7 (305 ILCS 5/4-23)
16371637 8 Sec. 4-23. Civil rights impact statement.
16381638 9 (a) The Department of Human Services must submit to the
16391639 10 Governor and the General Assembly on January 1 of each
16401640 11 even-numbered year a written report that details the disparate
16411641 12 impact of various provisions of the CASH TANF program on
16421642 13 people of different racial or ethnic groups who identify
16431643 14 themselves in an application for benefits as any of the
16441644 15 following:
16451645 16 (1) American Indian or Alaska Native (a person having
16461646 17 origins in any of the original peoples of North and South
16471647 18 America, including Central America, and who maintains
16481648 19 tribal affiliation or community attachment).
16491649 20 (2) Asian (a person having origins in any of the
16501650 21 original peoples of the Far East, Southeast Asia, or the
16511651 22 Indian subcontinent, including, but not limited to,
16521652 23 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
16531653 24 the Philippine Islands, Thailand, and Vietnam).
16541654 25 (3) Black or African American (a person having origins
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16651665 1 in any of the black racial groups of Africa).
16661666 2 (4) Hispanic or Latino (a person of Cuban, Mexican,
16671667 3 Puerto Rican, South or Central American, or other Spanish
16681668 4 culture or origin, regardless of race).
16691669 5 (5) Native Hawaiian or Other Pacific Islander (a
16701670 6 person having origins in any of the original peoples of
16711671 7 Hawaii, Guam, Samoa, or other Pacific Islands).
16721672 8 (6) White (a person having origins in any of the
16731673 9 original peoples of Europe, the Middle East, or North
16741674 10 Africa).
16751675 11 (b) The report must at least compare the number of persons
16761676 12 in each group:
16771677 13 (1) who are receiving CASH TANF assistance;
16781678 14 (2) whose 60-month lifetime limit on receiving
16791679 15 assistance has expired;
16801680 16 (2) who were no longer eligible for CASH at the end of
16811681 17 their 12-month certification period (3) who have left TANF
16821682 18 due to increased earned income;
16831683 19 (4) who have left TANF due to non-compliance with
16841684 20 program rules;
16851685 21 (5) whose TANF grants have been reduced by sanctions
16861686 22 for non-compliance with program rules;
16871687 23 (3) (6) who have returned to CASH within TANF 6 months
16881688 24 after being determined no longer eligible for CASH at the
16891689 25 end of their most recent 12-month certification period
16901690 26 leaving due to increased earned income; and
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17011701 1 (4) (7) who have returned to CASH within TANF 12
17021702 2 months after being determined no longer eligible for CASH
17031703 3 at the end of their most recent 12-month certification
17041704 4 period leaving due to increased earned income. ;
17051705 5 (8) who have one or more children excluded from
17061706 6 receiving TANF cash assistance due to the child exclusion
17071707 7 rule;
17081708 8 (9) who have been granted an exemption from work
17091709 9 requirements; and
17101710 10 (10) who are participating in post-secondary education
17111711 11 activities.
17121712 12 (Source: P.A. 102-465, eff. 1-1-22.)
17131713 13 (305 ILCS 5/4-24 new)
17141714 14 Sec. 4-24. Transition of assistance units from TANF to
17151715 15 CASH.
17161716 16 (a) On the effective date of this amendatory Act of the
17171717 17 104th General Assembly, the Department shall immediately apply
17181718 18 the provisions of this amendatory Act of the 104th General
17191719 19 Assembly to assistance units receiving assistance under this
17201720 20 Article, such that households do not experience an
17211721 21 interruption of assistance.
17221722 22 (b) Households receiving TANF assistance on the effective
17231723 23 date of this amendatory Act of the 104th General Assembly
17241724 24 shall not be required to newly apply for CASH. The Department
17251725 25 shall redetermine the assistance unit's eligibility for CASH
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17361736 1 as set forth in Section 4-2.3 at a time that is 12 months after
17371737 2 the date of the assistance unit's most recent eligibility
17381738 3 determination for TANF, prior to the effective date of this
17391739 4 amendatory Act of the 104th General Assembly.
17401740 5 (305 ILCS 5/4-25 new)
17411741 6 Sec. 4-25. Rules. The Department shall adopt any rules
17421742 7 necessary to implement the changes made to this Article by
17431743 8 this amendatory Act of the 104th General Assembly. In adopting
17441744 9 rules implementing the program, the Department shall make
17451745 10 reasonable efforts to promote access and limit administrative
17461746 11 burdens on applicants and participating assistance units.
17471747 12 (305 ILCS 5/6-1.3) (from Ch. 23, par. 6-1.3)
17481748 13 Sec. 6-1.3. Utilization of aid available under other
17491749 14 provisions of Code. The person must have been determined
17501750 15 ineligible for aid under the federally funded programs to aid
17511751 16 refugees and Articles III, IV or V. Nothing in this Section
17521752 17 shall prevent the use of General Assistance funds to pay any
17531753 18 portion of the costs of care and maintenance in a residential
17541754 19 substance use disorder treatment program licensed by the
17551755 20 Department of Human Services, or in a County Nursing Home, or
17561756 21 in a private nursing home, retirement home or other facility
17571757 22 for the care of the elderly, of a person otherwise eligible to
17581758 23 receive General Assistance except for the provisions of this
17591759 24 paragraph.
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17701770 1 A person otherwise eligible for aid under the federally
17711771 2 funded programs to aid refugees or Articles III, IV or V who
17721772 3 fails or refuses to comply with provisions of this Code or
17731773 4 other laws, or rules and regulations of the Illinois
17741774 5 Department, which would qualify him for aid under those
17751775 6 programs or Articles, shall not receive General Assistance
17761776 7 under this Article nor shall any of his dependents whose
17771777 8 eligibility is contingent upon such compliance receive General
17781778 9 Assistance.
17791779 10 Persons and families who are ineligible for aid under
17801780 11 Article IV due to having received benefits under Article IV
17811781 12 for any maximum time limits set under the Illinois Temporary
17821782 13 Assistance for Needy Families (TANF) Plan shall not be
17831783 14 eligible for General Assistance under this Article unless the
17841784 15 Illinois Department or the local governmental unit, by rule,
17851785 16 specifies that those persons or families may be eligible.
17861786 17 (Source: P.A. 100-759, eff. 1-1-19; 100-863, eff. 8-14-18.)
17871787 18 (305 ILCS 5/8A-18)
17881788 19 Sec. 8A-18. Application assistance fraud; SNAP; AABD; CASH
17891789 20 TANF. It is a Class C misdemeanor for any person, including an
17901790 21 individual, firm, corporation, association, partnership, or
17911791 22 joint venture, or any employee or agent of any of those, to
17921792 23 assist or represent another person in completing or submitting
17931793 24 an application for benefits under the federal Supplemental
17941794 25 Nutrition Assistance Program (SNAP), the State's Aid to the
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18051805 1 Aged, Blind, or Disabled (AABD) program, or the State's Cash
18061806 2 Assistance to Strengthen Households (CASH) Temporary
18071807 3 Assistance for Needy Families (TANF) program, in exchange for
18081808 4 a portion of the applicant's SNAP, AABD, or CASH TANF benefits
18091809 5 or cash or any other form of payment from any other source. An
18101810 6 applicant who receives such assistance or representation is
18111811 7 not in violation of this Section. Nothing in this Section
18121812 8 shall be construed as prohibiting an applicant from receiving
18131813 9 such assistance or representation when appealing a denial of
18141814 10 an application for SNAP, AABD, or CASH TANF benefits.
18151815 11 (Source: P.A. 98-931, eff. 8-15-14.)
18161816 12 (305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
18171817 13 Sec. 9A-3. Establishment of Program and Level of Services.
18181818 14 (a) The Illinois Department shall establish and maintain a
18191819 15 program to provide recipients with services to promote their
18201820 16 economic stability and well-being consistent with the purposes
18211821 17 and provisions of this Article. The program offered in
18221822 18 different counties of the State may vary depending on the
18231823 19 resources available to the State to provide a program under
18241824 20 this Article, and no program may be offered in some counties,
18251825 21 depending on the resources available. Services may be provided
18261826 22 directly by the Illinois Department or through contract.
18271827 23 References to the Illinois Department or staff of the Illinois
18281828 24 Department shall include contractors when the Illinois
18291829 25 Department has entered into contracts for these purposes. The
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18401840 1 Illinois Department shall make provide each recipient who
18411841 2 participates with such services available to each recipient
18421842 3 under the program as are necessary to achieve his
18431843 4 employability plan as specified in the plan.
18441844 5 (b) The Illinois Department, in operating the program,
18451845 6 shall cooperate with public and private education and
18461846 7 vocational training or retraining agencies or facilities, the
18471847 8 Illinois State Board of Education, the Illinois Community
18481848 9 College Board, the Departments of Employment Security and
18491849 10 Commerce and Economic Opportunity or other sponsoring
18501850 11 organizations funded under the federal Workforce Innovation
18511851 12 and Opportunity Act and other public or licensed private
18521852 13 employment agencies.
18531853 14 (Source: P.A. 100-477, eff. 9-8-17.)
18541854 15 (305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
18551855 16 Sec. 9A-4. Participation.
18561856 17 (a) Participation in, or cooperation with, any program or
18571857 18 service provided under this Article shall not be a condition
18581858 19 of eligibility for receipt of assistance under Article IV.
18591859 20 Nothing in this Article shall be construed to require
18601860 21 recipients to participate to be eligible for assistance under
18611861 22 Article IV. The Department shall inform all applicants and
18621862 23 recipients of assistance under Article IV that the recipient's
18631863 24 participation in, or cooperation with, any program or service
18641864 25 provided under this Article is not required to be eligible
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18751875 1 for, or maintain, assistance under Article IV. Programs and
18761876 2 services will be offered to recipients who wish to volunteer
18771877 3 to participate only to the extent resources permit. Except for
18781878 4 those exempted under subsection (b) below, and to the extent
18791879 5 resources permit, the Illinois Department as a condition of
18801880 6 eligibility for public aid, may, as provided by rule, require
18811881 7 all recipients to participate in an education, training, and
18821882 8 employment program, which shall include accepting suitable
18831883 9 employment and refraining from terminating employment or
18841884 10 reducing earnings without good cause.
18851885 11 (b) Recipients shall be exempt from the requirement of
18861886 12 participation in the education, training, and employment
18871887 13 program in the following circumstances:
18881888 14 (1) The recipient is a person over age 60; or
18891889 15 (2) The recipient is a person with a child under age
18901890 16 one.
18911891 17 Recipients are entitled to request a reasonable
18921892 18 modification to the requirement of participation in the
18931893 19 education, training and employment program in order to
18941894 20 accommodate a qualified individual with a disability as
18951895 21 defined by the Americans with Disabilities Act. Requests for a
18961896 22 reasonable modification shall be evaluated on a case-by-case
18971897 23 functional basis by designated staff based on Department rule.
18981898 24 All such requests shall be monitored as part of the agency's
18991899 25 quality assurance process or processes to attest to the
19001900 26 expediency with which such requests are addressed.
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19111911 1 Implementation of the changes made to this Section by this
19121912 2 amendatory Act of the 94th General Assembly is subject to
19131913 3 appropriation.
19141914 4 (Source: P.A. 94-629, eff. 1-1-06.)
19151915 5 (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
19161916 6 Sec. 9A-8. Operation of program.
19171917 7 (a) At the time of application or redetermination of
19181918 8 eligibility under Article IV, as determined by rule, the
19191919 9 Illinois Department shall provide information in writing and
19201920 10 orally regarding the availability of the education, training
19211921 11 and employment program to all applicants and recipients. The
19221922 12 information required shall be established by rule and shall
19231923 13 include, but need not be limited to:
19241924 14 (1) education (including literacy training),
19251925 15 employment and training opportunities available, the
19261926 16 criteria for approval of those opportunities, and the
19271927 17 right to request changes in the personal responsibility
19281928 18 and services plan to include those opportunities;
19291929 19 (1.1) a complete list of all activities that are
19301930 20 available approvable activities, and the circumstances
19311931 21 under which they are approvable, including work
19321932 22 activities, substance use disorder or mental health
19331933 23 treatment, activities to escape and prevent domestic
19341934 24 violence, additional supports available for caring for a
19351935 25 medically impaired family member, and any other approvable
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19461946 1 activities, together with the right to and procedures for
19471947 2 amending the responsibility and services plan to include
19481948 3 these activities;
19491949 4 (1.2) the rules concerning the lifetime limit on
19501950 5 eligibility, including the current status of the applicant
19511951 6 or recipient in terms of the months of remaining
19521952 7 eligibility, the criteria under which a month will not
19531953 8 count towards the lifetime limit, and the criteria under
19541954 9 which a recipient may receive benefits beyond the end of
19551955 10 the lifetime limit;
19561956 11 (2) supportive services including child care and the
19571957 12 rules regarding eligibility for and access to the child
19581958 13 care assistance program, transportation, initial expenses
19591959 14 of employment, job retention, books and fees, and any
19601960 15 other supportive services;
19611961 16 (3) the obligation of the Department to provide
19621962 17 supportive services;
19631963 18 (4) the rights and responsibilities of participants,
19641964 19 including exemption, sanction, reconciliation, and good
19651965 20 cause criteria and procedures, termination for
19661966 21 non-cooperation and reinstatement rules and procedures,
19671967 22 and appeal and grievance procedures; and
19681968 23 (4) (5) the types and locations of child care
19691969 24 services; and .
19701970 25 (5) notice to the client that participation with any
19711971 26 program or service offered as part of the education,
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19821982 1 training, and employment program is not required to
19831983 2 receive assistance under Article IV.
19841984 3 (b) The Illinois Department shall notify the recipient in
19851985 4 writing of the opportunity to volunteer to participate in the
19861986 5 program.
19871987 6 (c) (Blank).
19881988 7 (d) As part of the personal plan for achieving employment
19891989 8 and self-sufficiency, the Department shall conduct an
19901990 9 individualized assessment of the participant's employability.
19911991 10 No participant may be assigned to any component of the
19921992 11 education, training and employment activity prior to such
19931993 12 assessment. The plan shall include collection of information
19941994 13 on the individual's background, proficiencies, skills
19951995 14 deficiencies, education level, work history, employment goals,
19961996 15 interests, aptitudes, and employment preferences, as well as
19971997 16 factors affecting employability or ability to meet
19981998 17 participation requirements (e.g., health, physical or mental
19991999 18 limitations, child care, family circumstances, domestic
20002000 19 violence, sexual violence, substance use disorders, and
20012001 20 special needs of any child of the individual). As part of the
20022002 21 plan, individuals and Department staff shall work together to
20032003 22 identify any supportive service needs required to enable the
20042004 23 client to participate and meet the objectives of his or her
20052005 24 employability plan. The assessment may be conducted through
20062006 25 various methods such as interviews, testing, counseling, and
20072007 26 self-assessment instruments. In the assessment process, the
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20182018 1 Department shall offer to include standard literacy testing
20192019 2 and a determination of English language proficiency and shall
20202020 3 provide it for those who accept the offer. Based on the
20212021 4 assessment, the individual will be assigned to the appropriate
20222022 5 activity. The decision will be based on a determination of the
20232023 6 individual's level of preparation for employment as defined by
20242024 7 rule.
20252025 8 (e) Recipients determined to be exempt may volunteer to
20262026 9 participate pursuant to Section 9A-4 and must be assessed.
20272027 10 (f) As part of the personal plan for achieving employment
20282028 11 and self-sufficiency under Section 4-1, an employability plan
20292029 12 for recipients shall be developed in consultation with the
20302030 13 participant. The Department shall have final responsibility
20312031 14 for approving the employability plan. The employability plan
20322032 15 shall:
20332033 16 (1) contain an employment goal of the participant;
20342034 17 (2) describe the services to be provided by the
20352035 18 Department, including child care and other support
20362036 19 services;
20372037 20 (3) describe the activities, such as component
20382038 21 assignment, that will be undertaken by the participant to
20392039 22 achieve the employment goal. The Department shall treat
20402040 23 participation in high school and high school equivalency
20412041 24 programs as a core activity and count participation in
20422042 25 high school and high school equivalency programs toward
20432043 26 the first 20 hours per week of participation. The
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20542054 1 Department shall approve participation in high school or
20552055 2 high school equivalency programs upon written or oral
20562056 3 request of the participant if he or she has not already
20572057 4 earned a high school diploma or a State of Illinois High
20582058 5 School Diploma. However, participation in high school or
20592059 6 high school equivalency programs may be delayed as part of
20602060 7 an applicant's or recipient's personal plan for achieving
20612061 8 employment and self-sufficiency if it is determined that
20622062 9 the benefit from participating in another activity, such
20632063 10 as, but not limited to, treatment for a substance use
20642064 11 disorder or an English proficiency program, would be
20652065 12 greater to the applicant or recipient than participation
20662066 13 in high school or a high school equivalency program. The
20672067 14 availability of high school and high school equivalency
20682068 15 programs may also delay enrollment in those programs. The
20692069 16 Department shall treat such activities as a core activity
20702070 17 as long as satisfactory progress is made, as determined by
20712071 18 the high school or high school equivalency program. Proof
20722072 19 of satisfactory progress shall be provided by the
20732073 20 participant or the school at the end of each academic
20742074 21 term; and
20752075 22 (4) describe any other needs of the family that might
20762076 23 be met by the Department.
20772077 24 (g) The employability plan shall take into account:
20782078 25 (1) available program resources;
20792079 26 (2) the participant's support service needs;
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20902090 1 (3) the participant's skills level and aptitudes;
20912091 2 (4) local employment opportunities; and
20922092 3 (5) the preferences of the participant.
20932093 4 (h) A reassessment shall be conducted to assess a
20942094 5 participant's progress and to review the employability plan on
20952095 6 the following occasions:
20962096 7 (1) upon completion of an activity and before
20972097 8 assignment to an activity;
20982098 9 (2) upon the request of the participant;
20992099 10 (3) if the individual is not cooperating with the
21002100 11 requirements of the program; and
21012101 12 (4) if the individual has failed to make satisfactory
21022102 13 progress in an education or training program.
21032103 14 Based on the reassessment, the Department may revise the
21042104 15 employability plan of the participant.
21052105 16 (Source: P.A. 102-1100, eff. 1-1-23.)
21062106 17 (305 ILCS 5/9A-8.1)
21072107 18 Sec. 9A-8.1. Improvement of information to applicants and
21082108 19 recipients. The Illinois Department shall annually review all
21092109 20 procedures and written materials that it has in place for
21102110 21 purposes of compliance with subsection (a) of Section 9A-8 and
21112111 22 Section 11-20.1 requiring the Illinois Department to provide
21122112 23 full and timely information to applicants and recipients of
21132113 24 cash assistance aid under Article IV of this Code about their
21142114 25 opportunities and , rights and responsibilities under the CASH
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21252125 1 Temporary Assistance for Needy Families program and related
21262126 2 programs and services administered under this Article. As part
21272127 3 of this annual review, the Illinois Department shall provide
21282128 4 copies of all procedures and materials to the Family Self
21292129 5 Sufficiency Advisory Council or any successor advisory body
21302130 6 containing a similar number and assortment of advocates,
21312131 7 providers, contractors, clients, and citizens. The Family Self
21322132 8 Sufficiency Advisory Council or successor advisory body shall
21332133 9 review the existing procedures and materials in light of
21342134 10 program rules, recent changes in the law or rules, and
21352135 11 experience in the field, and it shall suggest changes to the
21362136 12 Illinois Department. The Illinois Department shall produce new
21372137 13 or revised procedures and materials, or ratify the existing
21382138 14 ones, for use beginning each October 1. If the Illinois
21392139 15 Department rejects changes suggested by the Family Self
21402140 16 Sufficiency Advisory Council, it shall explain the reasons in
21412141 17 a written response.
21422142 18 (Source: P.A. 91-331, eff. 7-29-99.)
21432143 19 (305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
21442144 20 Sec. 9A-9. Program Activities. The Department shall
21452145 21 establish education, training and placement activities by
21462146 22 rule. Not all of the same activities need be provided in each
21472147 23 county in the State. Such activities may include the
21482148 24 following:
21492149 25 (a) Education (Below post secondary). In the Education
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21602160 1 (below post secondary) activity, the individual receives
21612161 2 information, referral, counseling services and support
21622162 3 services to increase the individual's employment potential.
21632163 4 Participants may be referred to testing, counseling and
21642164 5 education resources. Educational activities will include basic
21652165 6 and remedial education; English proficiency classes; high
21662166 7 school or its equivalency or alternative education at the
21672167 8 secondary level; and with any educational program, structured
21682168 9 study time to enhance successful participation. An
21692169 10 individual's participation in an education program such as
21702170 11 literacy, basic adult education, high school equivalency, or a
21712171 12 remedial program shall be limited to 2 years unless the
21722172 13 individual also is working or participating in a work activity
21732173 14 approved by the Illinois Department as defined by rule; this
21742174 15 requirement does not apply, however, to students enrolled in
21752175 16 high school.
21762176 17 (b) Job Skills Training (Vocational). Job Skills Training
21772177 18 is designed to increase the individual's ability to obtain and
21782178 19 maintain employment. Job Skills Training activities will
21792179 20 include vocational skill classes designed to increase a
21802180 21 participant's ability to obtain and maintain employment. Job
21812181 22 Skills Training may include certificate programs.
21822182 23 (c) Job Readiness. The job readiness activity is designed
21832183 24 to enhance the quality of the individual's level of
21842184 25 participation in the world of work while learning the
21852185 26 necessary essentials to obtain and maintain employment. This
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21962196 1 activity helps individuals gain the necessary job finding
21972197 2 skills to help them find and retain employment that will lead
21982198 3 to economic independence.
21992199 4 (d) Job Search. Job Search may be conducted individually
22002200 5 or in groups. Job Search includes the provision of counseling,
22012201 6 job seeking skills training and information dissemination.
22022202 7 Group job search may include training in a group session.
22032203 8 Assignment exclusively to job search cannot be in excess of 8
22042204 9 consecutive weeks (or its equivalent) in any period of 12
22052205 10 consecutive months.
22062206 11 (e) Work Experience. Work Experience assignments may be
22072207 12 with private employers or not-for-profit or public agencies in
22082208 13 the State. The Illinois Department shall provide workers'
22092209 14 compensation coverage. Participants who are not members of a
22102210 15 2-parent assistance unit may not be assigned more hours than
22112211 16 their cash grant amount plus food stamps divided by the
22122212 17 minimum wage. Private employers and not-for-profit and public
22132213 18 agencies shall not use Work Experience participants to
22142214 19 displace regular employees. Participants in Work Experience
22152215 20 may perform work in the public interest (which otherwise meets
22162216 21 the requirements of this Section) for a federal office or
22172217 22 agency with its consent, and notwithstanding the provisions of
22182218 23 31 U.S.C. 1342, or any other provision of law, such agency may
22192219 24 accept such services, but participants shall not be considered
22202220 25 federal employees for any purpose. A participant shall be
22212221 26 reassessed at the end of assignment to Work Experience. The
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22322232 1 participant may be reassigned to Work Experience or assigned
22332233 2 to another activity, based on the reassessment.
22342234 3 (f) On the Job Training. In On the Job Training, a
22352235 4 participant is hired by a private or public employer and while
22362236 5 engaged in productive work receives training that provides
22372237 6 knowledge or skills essential to full and adequate performance
22382238 7 of the job.
22392239 8 (e) (g) Work Supplementation. In work supplementation, the
22402240 9 Department pays a wage subsidy to an employer who hires a
22412241 10 participant to work for a wage. In addition to wages through
22422242 11 work supplementation, the participant shall continue to
22432243 12 receive their cash assistance for the remainder of the
22442244 13 assistance units certification period as set forth in Section
22452245 14 4-2.2. The cash grant which a participant would receive if not
22462246 15 employed is diverted and the diverted cash grant is used to pay
22472247 16 the wage subsidy.
22482248 17 (f) (h) Post Secondary Education. Post secondary education
22492249 18 must be administered by an educational institution accredited
22502250 19 under requirements of State law.
22512251 20 (g) (i) Self Initiated Education. Participants who are
22522252 21 attending an institution of higher education or a vocational
22532253 22 or technical program of their own choosing and who are in good
22542254 23 standing, may continue to attend and receive supportive
22552255 24 services only if the educational program is approved by the
22562256 25 Department, and is in conformity with the participant's
22572257 26 personal plan for achieving employment and self-sufficiency
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22682268 1 and the participant is employed part-time, as defined by the
22692269 2 Illinois Department by rule.
22702270 3 (h) (j) Job Development and Placement. Department staff
22712271 4 shall develop through contacts with public and private
22722272 5 employers unsubsidized job openings for participants. Job
22732273 6 interviews will be secured for clients by the marketing of
22742274 7 participants for specific job openings. For recipients
22752275 8 volunteering to participate with job development and placement
22762276 9 services offered by the Department, the Department may conduct
22772277 10 an individualized assessment of the participant's
22782278 11 employability to determine the job readiness of the recipient.
22792279 12 The assessment and the factors the Department will use to
22802280 13 determine the individual's level of preparation for
22812281 14 employment, shall be defined by rule. Job ready individuals
22822282 15 may be assigned to Job Development and Placement.
22832283 16 (i) (k) Job Retention. The job retention component is
22842284 17 designed to assist participants in retaining employment.
22852285 18 Initial employment expenses and job retention services are
22862286 19 provided. The individual's support service needs are assessed
22872287 20 and the individual receives counseling regarding job retention
22882288 21 skills.
22892289 22 (l) (Blank).
22902290 23 (j) (l-5) Transitional Jobs. These programs provide
22912291 24 temporary wage-paying work combined with case management and
22922292 25 other social services designed to address employment barriers.
22932293 26 The wage-paying work is treated as regular employment for all
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23042304 1 purposes under this Code, and the additional activities, as
23052305 2 determined by the Transitional Jobs provider, shall be
23062306 3 countable work activities. The program must comply with the
23072307 4 anti-displacement provisions of this Code governing the Work
23082308 5 Experience program.
23092309 6 (m) Pay-after-performance Program. A parent may be
23102310 7 required to participate in a pay-after-performance program in
23112311 8 which the parent must work a specified number of hours to earn
23122312 9 the grant. The program shall comply with provisions of this
23132313 10 Code governing work experience programs.
23142314 11 (n) Community Service. Community service includes unpaid
23152315 12 work that the client performs in his or her community, such as
23162316 13 for a school, church, government agency, or nonprofit
23172317 14 organization.
23182318 15 (Source: P.A. 98-718, eff. 1-1-15.)
23192319 16 (305 ILCS 5/9A-10) (from Ch. 23, par. 9A-10)
23202320 17 Sec. 9A-10. Support Services.
23212321 18 (a) The Illinois Department shall provide or pay for child
23222322 19 care and other support services, if otherwise unavailable, to
23232323 20 enable recipients to participate in or prepare for education,
23242324 21 training and employment programs authorized under this
23252325 22 Article. The Illinois Department shall provide and pay for
23262326 23 such support services in accordance with procedures, standards
23272327 24 and rates established by rule.
23282328 25 (b) Support services may include:
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23392339 1 (1) transportation;
23402340 2 (2) child care;
23412341 3 (3) job search allowance;
23422342 4 (4) initial employment expenses;
23432343 5 (5) required books, fees, supplies; and
23442344 6 (6) required physical examinations and medical
23452345 7 services.
23462346 8 (c) Participation shall not be required to receive cash
23472347 9 assistance under Article IV. if support services are needed
23482348 10 for effective participation but unavailable from the
23492349 11 Department or some other reasonably available source. Support
23502350 12 services shall be made available to the participant at no
23512351 13 cost.
23522352 14 (Source: P.A. 86-1184; 86-1381; 87-860.)
23532353 15 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
23542354 16 Sec. 9A-11. Child care.
23552355 17 (a) The General Assembly recognizes that families with
23562356 18 children need child care in order to work. Child care is
23572357 19 expensive and families with limited access to economic
23582358 20 resources, including those who are transitioning from welfare
23592359 21 to work, often struggle to pay the costs of day care. The
23602360 22 General Assembly understands the importance of helping working
23612361 23 families with limited access to economic resources meet their
23622362 24 basic needs. become and remain self-sufficient. The General
23632363 25 Assembly also believes that it is the responsibility of
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23742374 1 families to share in the costs of child care. It is also the
23752375 2 preference of the General Assembly that all working families
23762376 3 with limited access to economic resources should be treated
23772377 4 equally, regardless of their welfare status.
23782378 5 (b) To the extent resources permit, the Illinois
23792379 6 Department shall provide child care services to parents or
23802380 7 other relatives as defined by rule who are working or
23812381 8 participating in employment or Department approved education
23822382 9 or training programs. At a minimum, the Illinois Department
23832383 10 shall cover the following categories of families:
23842384 11 (1) recipients of CASH TANF under Article IV who are
23852385 12 working or voluntarily participating in work and training
23862386 13 activities as specified in Section 9A-9 the personal plan
23872387 14 for employment and self-sufficiency;
23882388 15 (2) families transitioning from TANF to work;
23892389 16 (2) (3) families at risk of becoming recipients of
23902390 17 CASH TANF;
23912391 18 (3) (4) families with special needs as defined by
23922392 19 rule;
23932393 20 (4) (5) working families with very low incomes as
23942394 21 defined by rule;
23952395 22 (5) (6) families that are not recipients of CASH TANF
23962396 23 and that need child care assistance to participate in
23972397 24 education and training activities;
23982398 25 (6) (7) youth in care, as defined in Section 4d of the
23992399 26 Children and Family Services Act, who are parents,
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24102410 1 regardless of income or whether they are working or
24112411 2 participating in Department-approved employment or
24122412 3 education or training programs. Any family that receives
24132413 4 child care assistance in accordance with this paragraph
24142414 5 shall receive one additional 12-month child care
24152415 6 eligibility period after the parenting youth in care's
24162416 7 case with the Department of Children and Family Services
24172417 8 is closed, regardless of income or whether the parenting
24182418 9 youth in care is working or participating in
24192419 10 Department-approved employment or education or training
24202420 11 programs;
24212421 12 (7) (8) families receiving Extended Family Support
24222422 13 Program services from the Department of Children and
24232423 14 Family Services, regardless of income or whether they are
24242424 15 working or participating in Department-approved employment
24252425 16 or education or training programs; and
24262426 17 (8) (9) families with children under the age of 5 who
24272427 18 have an open intact family services case with the
24282428 19 Department of Children and Family Services. Any family
24292429 20 that receives child care assistance in accordance with
24302430 21 this paragraph shall remain eligible for child care
24312431 22 assistance 6 months after the child's intact family
24322432 23 services case is closed, regardless of whether the child's
24332433 24 parents or other relatives as defined by rule are working
24342434 25 or participating in Department approved employment or
24352435 26 education or training programs. The Department of Early
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24462446 1 Childhood, in consultation with the Department of Children
24472447 2 and Family Services, shall adopt rules to protect the
24482448 3 privacy of families who are the subject of an open intact
24492449 4 family services case when such families enroll in child
24502450 5 care services. Additional rules shall be adopted to offer
24512451 6 children who have an open intact family services case the
24522452 7 opportunity to receive an Early Intervention screening and
24532453 8 other services that their families may be eligible for as
24542454 9 provided by the Department of Human Services.
24552455 10 Beginning October 1, 2027, and every October 1 thereafter,
24562456 11 the Department of Children and Family Services shall report to
24572457 12 the General Assembly on the number of children who received
24582458 13 child care via vouchers paid for by the Department of Early
24592459 14 Childhood during the preceding fiscal year. The report shall
24602460 15 include the ages of children who received child care, the type
24612461 16 of child care they received, and the number of months they
24622462 17 received child care.
24632463 18 The Department shall specify by rule the conditions of
24642464 19 eligibility, the application process, and the types, amounts,
24652465 20 and duration of services. Eligibility for child care benefits
24662466 21 and the amount of child care provided may vary based on family
24672467 22 size, income, and other factors as specified by rule.
24682468 23 The Department shall update the Child Care Assistance
24692469 24 Program Eligibility Calculator posted on its website to
24702470 25 include a question on whether a family is applying for child
24712471 26 care assistance for the first time or is applying for a
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24822482 1 redetermination of eligibility.
24832483 2 A family's eligibility for child care services shall be
24842484 3 redetermined no sooner than 12 months following the initial
24852485 4 determination or most recent redetermination. During the
24862486 5 12-month periods, the family shall remain eligible for child
24872487 6 care services regardless of (i) a change in family income,
24882488 7 unless family income exceeds 85% of State median income, or
24892489 8 (ii) a temporary change in the ongoing status of the parents or
24902490 9 other relatives, as defined by rule, as working or attending a
24912491 10 job training or educational program.
24922492 11 In determining income eligibility for child care benefits,
24932493 12 the Department annually, at the beginning of each fiscal year,
24942494 13 shall establish, by rule, one income threshold for each family
24952495 14 size, in relation to percentage of State median income for a
24962496 15 family of that size, that makes families with incomes below
24972497 16 the specified threshold eligible for assistance and families
24982498 17 with incomes above the specified threshold ineligible for
24992499 18 assistance. Through and including fiscal year 2007, the
25002500 19 specified threshold must be no less than 50% of the
25012501 20 then-current State median income for each family size.
25022502 21 Beginning in fiscal year 2008, the specified threshold must be
25032503 22 no less than 185% of the then-current federal poverty level
25042504 23 for each family size. Notwithstanding any other provision of
25052505 24 law or administrative rule to the contrary, beginning in
25062506 25 fiscal year 2019, the specified threshold for working families
25072507 26 with very low incomes as defined by rule must be no less than
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25182518 1 185% of the then-current federal poverty level for each family
25192519 2 size. Notwithstanding any other provision of law or
25202520 3 administrative rule to the contrary, beginning in State fiscal
25212521 4 year 2022 through State fiscal year 2023, the specified income
25222522 5 threshold shall be no less than 200% of the then-current
25232523 6 federal poverty level for each family size. Beginning in State
25242524 7 fiscal year 2024, the specified income threshold shall be no
25252525 8 less than 225% of the then-current federal poverty level for
25262526 9 each family size.
25272527 10 In determining eligibility for assistance, the Department
25282528 11 shall not give preference to any category of recipients or
25292529 12 give preference to individuals based on their receipt of
25302530 13 benefits under this Code.
25312531 14 Nothing in this Section shall be construed as conferring
25322532 15 entitlement status to eligible families.
25332533 16 The Illinois Department is authorized to lower income
25342534 17 eligibility ceilings, raise parent co-payments, create waiting
25352535 18 lists, or take such other actions during a fiscal year as are
25362536 19 necessary to ensure that child care benefits paid under this
25372537 20 Article do not exceed the amounts appropriated for those child
25382538 21 care benefits. These changes may be accomplished by emergency
25392539 22 rule under Section 5-45 of the Illinois Administrative
25402540 23 Procedure Act, except that the limitation on the number of
25412541 24 emergency rules that may be adopted in a 24-month period shall
25422542 25 not apply.
25432543 26 The Illinois Department may contract with other State
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25542554 1 agencies or child care organizations for the administration of
25552555 2 child care services.
25562556 3 (c) Payment shall be made for child care that otherwise
25572557 4 meets the requirements of this Section and applicable
25582558 5 standards of State and local law and regulation, including any
25592559 6 requirements the Illinois Department promulgates by rule.
25602560 7 Through June 30, 2026, the rules of this Section include
25612561 8 licensure requirements adopted by the Department of Children
25622562 9 and Family Services. On and after July 1, 2026, the rules of
25632563 10 this Section include licensure requirements adopted by the
25642564 11 Department of Early Childhood. In addition, the regulations of
25652565 12 this Section include the Fire Prevention and Safety
25662566 13 requirements promulgated by the Office of the State Fire
25672567 14 Marshal, and is provided in any of the following:
25682568 15 (1) a child care center which is licensed or exempt
25692569 16 from licensure pursuant to Section 2.09 of the Child Care
25702570 17 Act of 1969;
25712571 18 (2) a licensed child care home or home exempt from
25722572 19 licensing;
25732573 20 (3) a licensed group child care home;
25742574 21 (4) other types of child care, including child care
25752575 22 provided by relatives or persons living in the same home
25762576 23 as the child, as determined by the Illinois Department by
25772577 24 rule.
25782578 25 (c-5) Solely for the purposes of coverage under the
25792579 26 Illinois Public Labor Relations Act, child and day care home
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25902590 1 providers, including licensed and license exempt,
25912591 2 participating in the Department's child care assistance
25922592 3 program shall be considered to be public employees and the
25932593 4 State of Illinois shall be considered to be their employer as
25942594 5 of January 1, 2006 (the effective date of Public Act 94-320),
25952595 6 but not before. The State shall engage in collective
25962596 7 bargaining with an exclusive representative of child and day
25972597 8 care home providers participating in the child care assistance
25982598 9 program concerning their terms and conditions of employment
25992599 10 that are within the State's control. Nothing in this
26002600 11 subsection shall be understood to limit the right of families
26012601 12 receiving services defined in this Section to select child and
26022602 13 day care home providers or supervise them within the limits of
26032603 14 this Section. The State shall not be considered to be the
26042604 15 employer of child and day care home providers for any purposes
26052605 16 not specifically provided in Public Act 94-320, including, but
26062606 17 not limited to, purposes of vicarious liability in tort and
26072607 18 purposes of statutory retirement or health insurance benefits.
26082608 19 Child and day care home providers shall not be covered by the
26092609 20 State Employees Group Insurance Act of 1971.
26102610 21 In according child and day care home providers and their
26112611 22 selected representative rights under the Illinois Public Labor
26122612 23 Relations Act, the State intends that the State action
26132613 24 exemption to application of federal and State antitrust laws
26142614 25 be fully available to the extent that their activities are
26152615 26 authorized by Public Act 94-320.
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26262626 1 (d) The Illinois Department shall establish, by rule, a
26272627 2 co-payment scale that provides for cost sharing by families
26282628 3 that receive child care services, including parents whose only
26292629 4 income is from assistance under this Code. The co-payment
26302630 5 shall be based on family income and family size and may be
26312631 6 based on other factors as appropriate. Co-payments may be
26322632 7 waived for families whose incomes are at or below the federal
26332633 8 poverty level.
26342634 9 (d-5) The Illinois Department, in consultation with its
26352635 10 Child Care and Development Advisory Council, shall develop a
26362636 11 plan to revise the child care assistance program's co-payment
26372637 12 scale. The plan shall be completed no later than February 1,
26382638 13 2008, and shall include:
26392639 14 (1) findings as to the percentage of income that the
26402640 15 average American family spends on child care and the
26412641 16 relative amounts that low-income families and the average
26422642 17 American family spend on other necessities of life;
26432643 18 (2) recommendations for revising the child care
26442644 19 co-payment scale to assure that families receiving child
26452645 20 care services from the Department are paying no more than
26462646 21 they can reasonably afford;
26472647 22 (3) recommendations for revising the child care
26482648 23 co-payment scale to provide at-risk children with complete
26492649 24 access to Preschool for All and Head Start; and
26502650 25 (4) recommendations for changes in child care program
26512651 26 policies that affect the affordability of child care.
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26622662 1 (e) (Blank).
26632663 2 (f) The Illinois Department shall, by rule, set rates to
26642664 3 be paid for the various types of child care. Child care may be
26652665 4 provided through one of the following methods:
26662666 5 (1) arranging the child care through eligible
26672667 6 providers by use of purchase of service contracts or
26682668 7 vouchers;
26692669 8 (2) arranging with other agencies and community
26702670 9 volunteer groups for non-reimbursed child care;
26712671 10 (3) (blank); or
26722672 11 (4) adopting such other arrangements as the Department
26732673 12 determines appropriate.
26742674 13 (f-1) Within 30 days after June 4, 2018 (the effective
26752675 14 date of Public Act 100-587), the Department of Human Services
26762676 15 shall establish rates for child care providers that are no
26772677 16 less than the rates in effect on January 1, 2018 increased by
26782678 17 4.26%.
26792679 18 (f-5) (Blank).
26802680 19 (g) Families eligible for assistance under this Section
26812681 20 shall be given the following options:
26822682 21 (1) receiving a child care certificate issued by the
26832683 22 Department or a subcontractor of the Department that may
26842684 23 be used by the parents as payment for child care and
26852685 24 development services only; or
26862686 25 (2) if space is available, enrolling the child with a
26872687 26 child care provider that has a purchase of service
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26982698 1 contract with the Department or a subcontractor of the
26992699 2 Department for the provision of child care and development
27002700 3 services. The Department may identify particular priority
27012701 4 populations for whom they may request special
27022702 5 consideration by a provider with purchase of service
27032703 6 contracts, provided that the providers shall be permitted
27042704 7 to maintain a balance of clients in terms of household
27052705 8 incomes and families and children with special needs, as
27062706 9 defined by rule.
27072707 10 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
27082708 11 102-926, eff. 5-27-22; 103-8, eff. 6-7-23; 103-594, eff.
27092709 12 6-25-24.)
27102710 13 (305 ILCS 5/9A-13)
27112711 14 Sec. 9A-13. Work activity; anti-displacement provisions.
27122712 15 (a) As used in this Section "work activity" means any
27132713 16 workfare, earnfare, pay-after-performance,
27142714 17 work-off-the-grant, work supplementation experience, or other
27152715 18 activity under Section 9A-9 or any other Section of this Code
27162716 19 in which a recipient of public assistance performs work as a
27172717 20 part of the education, training and employment program offered
27182718 21 by the Department, for any employer as a condition of
27192719 22 receiving the public assistance, and the employer does not pay
27202720 23 wages for the work; or as any grant diversion, wage
27212721 24 supplementation, or similar program in which the Department
27222722 25 provides public assistance grant is provided to the employer
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27332733 1 with as a subsidy for placement of the wages of any recipient
27342734 2 in its workforce.
27352735 3 (b) An employer may not utilize a work activity
27362736 4 participant if such utilization would result in:
27372737 5 (1) the displacement or partial displacement of
27382738 6 current employees, including but not limited to a
27392739 7 reduction in hours of non-overtime or overtime work,
27402740 8 wages, or employment benefits; or
27412741 9 (2) the filling of a position that would otherwise be
27422742 10 a promotional opportunity for current employees; or
27432743 11 (3) the filling of a position created by or causing
27442744 12 termination, layoff, a hiring freeze, or a reduction in
27452745 13 the workforce; or
27462746 14 (4) the placement of a participant in any established
27472747 15 unfilled vacancy; or
27482748 16 (5) the performance of work by a participant if there
27492749 17 is a strike, lockout, or other labor dispute in which the
27502750 18 employer is engaged.
27512751 19 (c) An employer who wishes to utilize work activity
27522752 20 participants shall, at least 15 days prior to utilizing such
27532753 21 participants, notify the labor organization of the name, work
27542754 22 location, and the duties to be performed by the participant.
27552755 23 (d) The Department of Human Services shall establish a
27562756 24 grievance procedure for employees and labor organizations to
27572757 25 utilize in the event of any alleged violation of this Section.
27582758 26 Notwithstanding the above, a labor organization may utilize
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27692769 1 the established grievance or arbitration procedure in its
27702770 2 collective bargaining agreement to contest violations of this
27712771 3 Section.
27722772 4 (Source: P.A. 92-111, eff. 1-1-02.)
27732773 5 (305 ILCS 5/9A-15)
27742774 6 Sec. 9A-15. College education assistance; pilot program.
27752775 7 (a) Subject to appropriation, the Department of Human
27762776 8 Services shall establish a pilot program to provide recipients
27772777 9 of assistance under Article IV with additional assistance in
27782778 10 obtaining a post-secondary education degree to the extent
27792779 11 permitted by the federal law governing the Temporary
27802780 12 Assistance for Needy Families Program. This assistance may
27812781 13 include, but is not limited to, moneys for the payment of
27822782 14 tuition, but the Department may not use any moneys
27832783 15 appropriated for payment of cash assistance the Temporary
27842784 16 Assistance for Needy Families Program (TANF) under Article IV
27852785 17 to pay for tuition under the pilot program. In addition to
27862786 18 criteria, standards, and procedures related to post-secondary
27872787 19 education required by rules applicable to the TANF program,
27882788 20 the Department shall provide that the time that a pilot
27892789 21 program participant spends in post-secondary classes shall
27902790 22 apply toward the time that the recipient is required to spend
27912791 23 in education, placement, and training activities under this
27922792 24 Article.
27932793 25 The Department shall define the pilot program by rule,
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28042804 1 including a determination of its duration and scope, the
28052805 2 nature of the assistance to be provided, and the criteria,
28062806 3 standards, and procedures for participation.
28072807 4 (b) The Department shall enter into an interagency
28082808 5 agreement with the Illinois Student Assistance Commission for
28092809 6 the administration of the pilot program.
28102810 7 (c) The Department shall evaluate the pilot program and
28112811 8 report its findings and recommendations after 2 years of its
28122812 9 operation to the Governor and the General Assembly, including
28132813 10 proposed rules to modify or extend the pilot program beyond
28142814 11 the scope and schedule upon which it was originally
28152815 12 established.
28162816 13 (Source: P.A. 94-371, eff. 1-1-06; 95-331, eff. 8-21-07.)
28172817 14 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
28182818 15 Sec. 10-1. Declaration of public policy; persons eligible
28192819 16 for child support enforcement services; fees for
28202820 17 non-applicants and non-recipients. It is the intent of this
28212821 18 Code that the financial aid and social welfare services herein
28222822 19 provided supplement rather than supplant the primary and
28232823 20 continuing obligation of the family unit for self-support to
28242824 21 the fullest extent permitted by the resources available to it.
28252825 22 This primary and continuing obligation applies whether the
28262826 23 family unit of parents and children or of husband and wife
28272827 24 remains intact and resides in a common household or whether
28282828 25 the unit has been broken by absence of one or more members of
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28392839 1 the unit. The obligation of the family unit is particularly
28402840 2 applicable when a member is in necessitous circumstances and
28412841 3 lacks the means of a livelihood compatible with health and
28422842 4 well-being.
28432843 5 It is the purpose of this Article to provide for locating
28442844 6 an absent parent or spouse, for determining his financial
28452845 7 circumstances, and for enforcing his legal obligation of
28462846 8 support, if he is able to furnish support, in whole or in part.
28472847 9 The Department of Healthcare and Family Services shall give
28482848 10 priority to establishing, enforcing, and collecting the
28492849 11 current support obligation, and then to past due support owed
28502850 12 to the family unit, except with respect to collections
28512851 13 effected through the intercept programs provided for in this
28522852 14 Article. The establishment or enforcement actions provided in
28532853 15 this Article do not require a previous court order for
28542854 16 custody/allocation of parental responsibilities.
28552855 17 The child support enforcement services provided hereunder
28562856 18 shall be furnished dependents of an absent parent or spouse
28572857 19 who are applicants for or recipients of financial aid under
28582858 20 this Code. However, participation in or cooperation with child
28592859 21 support enforcement services under this Article shall not be a
28602860 22 condition of eligibility for receipt of CASH under Article IV.
28612861 23 In addition, it It is not, however, a condition of eligibility
28622862 24 for financial aid that there be no responsible relatives who
28632863 25 are reasonably able to provide support. Nor, except as
28642864 26 provided in Section Sections 4-1.7 and 10-8, shall the
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28752875 1 existence of such relatives or their payment of support
28762876 2 contributions disqualify a needy person for financial aid.
28772877 3 By accepting financial aid under this Code, a spouse or a
28782878 4 parent or other person having physical or legal custody of a
28792879 5 child shall be deemed to have made assignment to the Illinois
28802880 6 Department for aid under Articles III, IV, V, and VII or to a
28812881 7 local governmental unit for aid under Article VI of any and all
28822882 8 rights, title, and interest in any support obligation,
28832883 9 including statutory interest thereon, up to the amount of
28842884 10 financial aid provided. The rights to support assigned to the
28852885 11 Department of Healthcare and Family Services (formerly
28862886 12 Illinois Department of Public Aid) or local governmental unit
28872887 13 shall constitute an obligation owed the State or local
28882888 14 governmental unit by the person who is responsible for
28892889 15 providing the support, and shall be collectible under all
28902890 16 applicable processes.
28912891 17 The Department of Healthcare and Family Services shall
28922892 18 also furnish the child support enforcement services
28932893 19 established under this Article in behalf of persons who are
28942894 20 not applicants for or recipients of financial aid under this
28952895 21 Code in accordance with the requirements of Title IV, Part D of
28962896 22 the Social Security Act. The Department may establish a
28972897 23 schedule of reasonable fees, to be paid for the services
28982898 24 provided and may deduct a collection fee, not to exceed 10% of
28992899 25 the amount collected, from such collection. The Department of
29002900 26 Healthcare and Family Services shall cause to be published and
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29112911 1 distributed publications reasonably calculated to inform the
29122912 2 public that individuals who are not recipients of or
29132913 3 applicants for public aid under this Code are eligible for the
29142914 4 child support enforcement services under this Article X. Such
29152915 5 publications shall set forth an explanation, in plain
29162916 6 language, that the child support enforcement services program
29172917 7 is independent of any public aid program under the Code and
29182918 8 that the receiving of child support enforcement services in no
29192919 9 way implies that the person receiving such services is
29202920 10 receiving public aid.
29212921 11 (Source: P.A. 102-541, eff. 8-20-21; 102-813, eff. 5-13-22.)
29222922 12 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
29232923 13 Sec. 10-2. Extent of liability. A husband is liable for
29242924 14 the support of his wife and a wife for the support of her
29252925 15 husband. Unless the child is otherwise emancipated, the
29262926 16 parents are severally liable for the support of any child
29272927 17 under age 18, and for any child aged 18 who is attending high
29282928 18 school, until that child graduates from high school, or
29292929 19 attains the age of 19, whichever is earlier. The term "child"
29302930 20 includes a child born out of wedlock, or legally adopted
29312931 21 child.
29322932 22 The liability for the support of a child provided for in
29332933 23 this Article does not require a previous court order for
29342934 24 custody and is in conjunction with the guidelines set forth in
29352935 25 Section 505 of the Illinois Marriage and Dissolution of
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29462946 1 Marriage Act, as provided for in Section 10-10 of this
29472947 2 Article. The obligation to support contained in this Article
29482948 3 is concurrent to any other appropriate State law.
29492949 4 This Article does not create, enlarge, abrogate, or
29502950 5 diminish parental rights or duties under other laws of this
29512951 6 State, including the common law.
29522952 7 An action to establish or enforce a support obligation,
29532953 8 under this or any other Act providing for the support of a
29542954 9 child, may be brought subsequent to an adjudication dismissing
29552955 10 that action based on any of the following reasons: (1) no duty
29562956 11 of support exists under this Article because this Article
29572957 12 requires a previous court order for custody/allocation of
29582958 13 parental responsibilities (as no such requirement exists under
29592959 14 this Act); (2) there is no common law duty of support (as a
29602960 15 common law duty of support is recognized as a valid basis for
29612961 16 child support); or (3) there is no duty of support under the
29622962 17 Illinois Parentage Act of 2015 because a judgment of paternity
29632963 18 results in a de facto custody/allocation of parental
29642964 19 responsibilities order (as this ignores the cumulative nature
29652965 20 of the Act and the plain language of the statute permitting an
29662966 21 explicit reservation of the issue. The Illinois Parentage Act
29672967 22 of 2015 will be clarified regarding a de facto
29682968 23 custody/allocation of parental responsibilities order as it
29692969 24 relates to the Uniform Interstate Family Support Act).
29702970 25 In addition to the primary obligation of support imposed
29712971 26 upon responsible relatives, such relatives, if individually or
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29822982 1 together in any combination they have sufficient income or
29832983 2 other resources to support a needy person, in whole or in part,
29842984 3 shall be liable for any financial aid, except cash assistance
29852985 4 provided under Article IV, extended under this Code to a
29862986 5 person for whose support they are responsible, including
29872987 6 amounts expended for funeral and burial costs.
29882988 7 (Source: P.A. 102-541, eff. 8-20-21.)
29892989 8 (305 ILCS 5/10-3) (from Ch. 23, par. 10-3)
29902990 9 Sec. 10-3. Standard and Regulations for Determining
29912991 10 Ability to Support. The Illinois Department shall establish a
29922992 11 standard by which shall be measured the ability of responsible
29932993 12 relatives to provide support, and shall implement the standard
29942994 13 by rules governing its application. The standard and the rules
29952995 14 shall take into account the buying and consumption patterns of
29962996 15 self-supporting persons of modest income, present or future
29972997 16 contingencies having direct bearing on maintenance of the
29982998 17 relative's self-support status and fulfillment of his
29992999 18 obligations to his immediate family, and any unusual or
30003000 19 exceptional circumstances including estrangement or other
30013001 20 personal or social factors, that have a bearing on family
30023002 21 relationships and the relative's ability to meet his support
30033003 22 obligations. The standard shall be recomputed periodically to
30043004 23 reflect changes in the cost of living and other pertinent
30053005 24 factors.
30063006 25 In addition to the standard, the Illinois Department may
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30173017 1 establish guidelines to be used exclusively to measure the
30183018 2 ability of responsible relatives to provide support on behalf
30193019 3 of applicants for or recipients of financial aid under Article
30203020 4 IV of this Act and other persons who are given access to the
30213021 5 child support enforcement services of this Article as provided
30223022 6 in Section 10-1. In such case, the Illinois Department shall
30233023 7 base the guidelines upon the applicable provisions of Sections
30243024 8 504, 505 and 505.2 of the Illinois Marriage and Dissolution of
30253025 9 Marriage Act, as amended, and shall implement such guidelines
30263026 10 by rules governing their application.
30273027 11 The term "administrative enforcement unit", when used in
30283028 12 this Article, means local governmental units or the Child and
30293029 13 Spouse Support Unit established under Section 10-3.1 when
30303030 14 exercising the powers designated in this Article. The
30313031 15 administrative enforcement unit shall apply the standard or
30323032 16 guidelines, rules and procedures provided for by this Section
30333033 17 and Sections 10-4 through 10-8 in determining the ability of
30343034 18 responsible relatives to provide support for applicants for or
30353035 19 recipients of financial aid under this Code, except that the
30363036 20 administrative enforcement unit may apply such standard or
30373037 21 guidelines, rules and procedures at its discretion with
30383038 22 respect to those applicants for or recipients of financial aid
30393039 23 under Article IV and other persons who are given access to the
30403040 24 child support enforcement services of this Article as provided
30413041 25 by Section 10-1.
30423042 26 (Source: P.A. 92-590, eff. 7-1-02; 92-651, eff. 7-11-02.)
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30533053 1 (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
30543054 2 Sec. 10-4. Notification of Support Obligation. The
30553055 3 administrative enforcement unit within the authorized area of
30563056 4 its operation shall notify each responsible relative of an
30573057 5 applicant or recipient, or responsible relatives of other
30583058 6 persons given access to the child support enforcement services
30593059 7 of this Article, of his legal obligation to support and shall
30603060 8 request such information concerning his financial status as
30613061 9 may be necessary to determine whether he is financially able
30623062 10 to provide such support, in whole or in part. In cases
30633063 11 involving a child born out of wedlock, the notification shall
30643064 12 include a statement that the responsible relative has been
30653065 13 named as the biological father of the child identified in the
30663066 14 notification.
30673067 15 In the case of applicants, the notification shall be sent
30683068 16 as soon as practical after the filing of the application. In
30693069 17 the case of recipients, the notice shall be sent at such time
30703070 18 as may be established by rule of the Illinois Department.
30713071 19 The notice shall be accompanied by the forms or
30723072 20 questionnaires provided in Section 10-5. It shall inform the
30733073 21 relative that he may be liable for reimbursement of any
30743074 22 support furnished from public aid funds, except those provided
30753075 23 under Article IV, prior to determination of the relative's
30763076 24 financial circumstances, as well as for future support. In the
30773077 25 alternative, when support is sought on behalf of applicants
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30883088 1 for or recipients of financial aid under Article IV of this
30893089 2 Code and other persons who are given access to the child
30903090 3 support enforcement services of this Article as provided in
30913091 4 Section 10-1, the notice shall inform the relative that the
30923092 5 relative may be required to pay support for a period before the
30933093 6 date an administrative support order is entered, as well as
30943094 7 future support.
30953095 8 Neither the mailing nor receipt of such notice shall be
30963096 9 deemed a jurisdictional requirement for the subsequent
30973097 10 exercise of the investigative procedures undertaken by an
30983098 11 administrative enforcement unit or the entry of any order or
30993099 12 determination of paternity or support or reimbursement by the
31003100 13 administrative enforcement unit; except that notice shall be
31013101 14 served by certified mail addressed to the responsible relative
31023102 15 at his or her last known address, return receipt requested, or
31033103 16 by a person who is licensed or registered as a private
31043104 17 detective under the Private Detective, Private Alarm, Private
31053105 18 Security, Fingerprint Vendor, and Locksmith Act of 2004 or by
31063106 19 a registered employee of a private detective agency certified
31073107 20 under that Act, or in counties with a population of less than
31083108 21 2,000,000 by any method provided by law for service of
31093109 22 summons, in cases where a determination of paternity or
31103110 23 support by default is sought on behalf of applicants for or
31113111 24 recipients of financial aid under Article IV of this Act and
31123112 25 other persons who are given access to the child support
31133113 26 enforcement services of this Article as provided in Section
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31243124 1 10-1.
31253125 2 (Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)
31263126 3 (305 ILCS 5/10-7) (from Ch. 23, par. 10-7)
31273127 4 Sec. 10-7. Notice of support due.
31283128 5 (a) When an administrative enforcement unit has determined
31293129 6 that a responsible relative is financially able to contribute
31303130 7 to the support of an applicant or recipient, the responsible
31313131 8 relative shall be notified by mailing him a copy of the
31323132 9 determination by United States registered or certified mail,
31333133 10 advising him of his legal obligation to make support payments
31343134 11 for such period or periods of time, definite in duration or
31353135 12 indefinite, as the circumstances require. The notice shall
31363136 13 direct payment as provided in Section 10-8. Where applicable,
31373137 14 the determination and notice may include a demand for
31383138 15 reimbursement for emergency aid granted an applicant or
31393139 16 recipient during the period between the application and
31403140 17 determination of the relative's obligation for support and for
31413141 18 aid granted during any subsequent period the responsible
31423142 19 relative was financially able to provide support but failed or
31433143 20 refused to do so.
31443144 21 (b) In the alternative, when support is sought on behalf
31453145 22 of applicants for or recipients of financial aid under Article
31463146 23 IV of this Act and other persons who are given access to the
31473147 24 child support enforcement services of this Article as provided
31483148 25 in Section 10-1, the administrative enforcement unit shall not
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31593159 1 be required to send the notice and may enter an administrative
31603160 2 order immediately under the provisions of Section 10-11. The
31613161 3 order shall be based upon the determination made under the
31623162 4 provisions of Section 10-6 or, in instances of default, upon
31633163 5 the needs of the persons for whom support is sought. In
31643164 6 addition to requiring payment of future support, the
31653165 7 administrative order may require payment of support for a
31663166 8 period before the date the order is entered. The amount of
31673167 9 support to be paid for the prior period shall be determined
31683168 10 under the guidelines established by the Illinois Department
31693169 11 pursuant to Section 10-3. The order shall direct payment as
31703170 12 provided in Section 10-10.
31713171 13 (Source: P.A. 92-590, eff. 7-1-02.)
31723172 14 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
31733173 15 Sec. 10-8. Support Payments - Partial Support - Full
31743174 16 Support. The notice to responsible relatives issued pursuant
31753175 17 to Section 10-7 shall direct payment (a) to the Illinois
31763176 18 Department in cases of applicants and recipients under
31773177 19 Articles III, IV, V and VII, (b) except as provided in Section
31783178 20 10-3.1, to the local governmental unit in the case of
31793179 21 applicants and recipients under Article VI, and (c) to the
31803180 22 Illinois Department in cases of non-applicants and
31813181 23 non-recipients given access to the child support enforcement
31823182 24 services of this Article, as provided by Section 10-1.
31833183 25 However, if the support payments by responsible relatives are
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31943194 1 sufficient to meet needs of a recipient in full, including
31953195 2 current and anticipated medical needs, and the Illinois
31963196 3 Department or the local governmental unit, as the case may be,
31973197 4 has reasonable grounds to believe that such needs will
31983198 5 continue to be provided in full by the responsible relatives,
31993199 6 the relatives may be directed to make subsequent support
32003200 7 payments to the needy person or to some person or agency in his
32013201 8 behalf and the recipient shall be removed from the rolls. In
32023202 9 such instance the recipient also shall be notified by
32033203 10 registered or certified mail of the action taken. If a
32043204 11 recipient removed from the rolls requests the Illinois
32053205 12 Department to continue to collect the support payments in his
32063206 13 behalf, the Department, at its option, may do so and pay
32073207 14 amounts so collected to the person. The Department may provide
32083208 15 for deducting any costs incurred by it in making the
32093209 16 collection from the amount of any recovery made and pay only
32103210 17 the net amount to the person.
32113211 18 Payments under this Section to the Illinois Department
32123212 19 pursuant to the Child Support Enforcement Program established
32133213 20 by Title IV-D of the Social Security Act shall be paid into the
32143214 21 Child Support Enforcement Trust Fund. All payments under this
32153215 22 Section to the Illinois Department of Human Services shall be
32163216 23 deposited in the DHS Recoveries Trust Fund. Disbursements from
32173217 24 these funds shall be as provided in Sections 12-9.1 and
32183218 25 12-10.2 of this Code. Payments received by a local
32193219 26 governmental unit shall be deposited in that unit's General
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32303230 1 Assistance Fund.
32313231 2 To the extent the provisions of this Section are
32323232 3 inconsistent with the requirements pertaining to the State
32333233 4 Disbursement Unit under Sections 10-10.4 and 10-26 of this
32343234 5 Code, the requirements pertaining to the State Disbursement
32353235 6 Unit shall apply.
32363236 7 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 92-16,
32373237 8 eff. 6-28-01; 92-590, eff. 7-1-02.)
32383238 9 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
32393239 10 Sec. 10-10. Court enforcement; applicability also to
32403240 11 persons who are not applicants or recipients. Except where
32413241 12 the Illinois Department, by agreement, acts for the local
32423242 13 governmental unit, as provided in Section 10-3.1, local
32433243 14 governmental units shall refer to the State's Attorney or to
32443244 15 the proper legal representative of the governmental unit, for
32453245 16 judicial enforcement as herein provided, instances of
32463246 17 non-support or insufficient support when the dependents are
32473247 18 applicants or recipients under Article VI. The Child and
32483248 19 Spouse Support Unit established by Section 10-3.1 may
32493249 20 institute in behalf of the Illinois Department any actions
32503250 21 under this Section for judicial enforcement of the support
32513251 22 liability when the dependents are (a) applicants or recipients
32523252 23 under Articles III, IV, V or VII; (b) applicants or recipients
32533253 24 in a local governmental unit when the Illinois Department, by
32543254 25 agreement, acts for the unit; or (c) non-applicants or
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32653265 1 non-recipients who are receiving child support enforcement
32663266 2 services under this Article X, as provided in Section 10-1.
32673267 3 Where the Child and Spouse Support Unit has exercised its
32683268 4 option and discretion not to apply the provisions of Sections
32693269 5 10-3 through 10-8, the failure by the Unit to apply such
32703270 6 provisions shall not be a bar to bringing an action under this
32713271 7 Section.
32723272 8 Action shall be brought in the circuit court to obtain
32733273 9 support, or for the recovery of aid granted during the period
32743274 10 such support was not provided, or both for the obtainment of
32753275 11 support and the recovery of the aid provided. Actions for the
32763276 12 recovery of aid may be taken separately or they may be
32773277 13 consolidated with actions to obtain support. Such actions may
32783278 14 be brought in the name of the person or persons requiring
32793279 15 support, or may be brought in the name of the Illinois
32803280 16 Department or the local governmental unit, as the case
32813281 17 requires, in behalf of such persons.
32823282 18 The court may enter such orders for the payment of moneys
32833283 19 for the support of the person as may be just and equitable and
32843284 20 may direct payment thereof for such period or periods of time
32853285 21 as the circumstances require, including support for a period
32863286 22 before the date the order for support is entered. The order may
32873287 23 be entered against any or all of the defendant responsible
32883288 24 relatives and may be based upon the proportionate ability of
32893289 25 each to contribute to the person's support.
32903290 26 The Court shall determine the amount of child support
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33013301 1 (including child support for a period before the date the
33023302 2 order for child support is entered) by using the guidelines
33033303 3 and standards set forth in subsection (a) of Section 505 and in
33043304 4 Section 505.2 of the Illinois Marriage and Dissolution of
33053305 5 Marriage Act. For purposes of determining the amount of child
33063306 6 support to be paid for a period before the date the order for
33073307 7 child support is entered, there is a rebuttable presumption
33083308 8 that the responsible relative's net income for that period was
33093309 9 the same as his or her net income at the time the order is
33103310 10 entered.
33113311 11 If (i) the responsible relative was properly served with a
33123312 12 request for discovery of financial information relating to the
33133313 13 responsible relative's ability to provide child support, (ii)
33143314 14 the responsible relative failed to comply with the request,
33153315 15 despite having been ordered to do so by the court, and (iii)
33163316 16 the responsible relative is not present at the hearing to
33173317 17 determine support despite having received proper notice, then
33183318 18 any relevant financial information concerning the responsible
33193319 19 relative's ability to provide child support that was obtained
33203320 20 pursuant to subpoena and proper notice shall be admitted into
33213321 21 evidence without the need to establish any further foundation
33223322 22 for its admission.
33233323 23 An order entered under this Section shall include a
33243324 24 provision requiring the obligor to report to the obligee and
33253325 25 to the clerk of court within 10 days each time the obligor
33263326 26 obtains new employment, and each time the obligor's employment
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33373337 1 is terminated for any reason. The report shall be in writing
33383338 2 and shall, in the case of new employment, include the name and
33393339 3 address of the new employer. Failure to report new employment
33403340 4 or the termination of current employment, if coupled with
33413341 5 nonpayment of support for a period in excess of 60 days, is
33423342 6 indirect criminal contempt. For any obligor arrested for
33433343 7 failure to report new employment bond shall be set in the
33443344 8 amount of the child support that should have been paid during
33453345 9 the period of unreported employment. An order entered under
33463346 10 this Section shall also include a provision requiring the
33473347 11 obligor and obligee parents to advise each other of a change in
33483348 12 residence within 5 days of the change except when the court
33493349 13 finds that the physical, mental, or emotional health of a
33503350 14 party or that of a minor child, or both, would be seriously
33513351 15 endangered by disclosure of the party's address.
33523352 16 The Court shall determine the amount of maintenance using
33533353 17 the standards set forth in Section 504 of the Illinois
33543354 18 Marriage and Dissolution of Marriage Act.
33553355 19 Any new or existing support order entered by the court
33563356 20 under this Section shall be deemed to be a series of judgments
33573357 21 against the person obligated to pay support thereunder, each
33583358 22 such judgment to be in the amount of each payment or
33593359 23 installment of support and each such judgment to be deemed
33603360 24 entered as of the date the corresponding payment or
33613361 25 installment becomes due under the terms of the support order.
33623362 26 Each such judgment shall have the full force, effect and
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33733373 1 attributes of any other judgment of this State, including the
33743374 2 ability to be enforced. Any such judgment is subject to
33753375 3 modification or termination only in accordance with Section
33763376 4 510 of the Illinois Marriage and Dissolution of Marriage Act.
33773377 5 Notwithstanding any other State or local law to the contrary,
33783378 6 a lien arises by operation of law against the real and personal
33793379 7 property of the noncustodial parent for each installment of
33803380 8 overdue support owed by the noncustodial parent.
33813381 9 When an order is entered for the support of a minor, the
33823382 10 court may provide therein for reasonable visitation of the
33833383 11 minor by the person or persons who provided support pursuant
33843384 12 to the order. Whoever willfully refuses to comply with such
33853385 13 visitation order or willfully interferes with its enforcement
33863386 14 may be declared in contempt of court and punished therefor.
33873387 15 Except where the local governmental unit has entered into
33883388 16 an agreement with the Illinois Department for the Child and
33893389 17 Spouse Support Unit to act for it, as provided in Section
33903390 18 10-3.1, support orders entered by the court in cases involving
33913391 19 applicants or recipients under Article VI shall provide that
33923392 20 payments thereunder be made directly to the local governmental
33933393 21 unit. Orders for the support of persons who are given access to
33943394 22 the child support enforcement services of this Article as
33953395 23 provided in Section 10-1 all other applicants or recipients
33963396 24 shall provide that payments thereunder be made directly to the
33973397 25 Illinois Department. In accordance with federal law and
33983398 26 regulations, the Illinois Department may continue to collect
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34093409 1 current maintenance payments or child support payments, or
34103410 2 both, after those persons cease to receive public assistance
34113411 3 and until termination of services under Article X. The
34123412 4 Illinois Department shall pay the net amount collected to
34133413 5 those persons after deducting any costs incurred in making the
34143414 6 collection or any collection fee from the amount of any
34153415 7 recovery made. In both cases the order shall permit the local
34163416 8 governmental unit or the Illinois Department, as the case may
34173417 9 be, to direct the responsible relative or relatives to make
34183418 10 support payments directly to the needy person, or to some
34193419 11 person or agency in his behalf, upon removal of the person from
34203420 12 the public aid rolls or upon termination of services under
34213421 13 Article X.
34223422 14 If the notice of support due issued pursuant to Section
34233423 15 10-7 directs that support payments be made directly to the
34243424 16 needy person, or to some person or agency in his behalf, and
34253425 17 the recipient is removed from the public aid rolls, court
34263426 18 action may be taken against the responsible relative hereunder
34273427 19 if he fails to furnish support in accordance with the terms of
34283428 20 such notice.
34293429 21 Actions may also be brought under this Section in behalf
34303430 22 of any person who is in need of support from responsible
34313431 23 relatives, as defined in Section 2-11 of Article II who is not
34323432 24 an applicant for or recipient of financial aid under this
34333433 25 Code. In such instances, the State's Attorney of the county in
34343434 26 which such person resides shall bring action against the
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34453445 1 responsible relatives hereunder. If the Illinois Department,
34463446 2 as authorized by Section 10-1, extends the child support
34473447 3 enforcement services provided by this Article to spouses and
34483448 4 dependent children who are not applicants or recipients under
34493449 5 this Code, the Child and Spouse Support Unit established by
34503450 6 Section 10-3.1 shall bring action against the responsible
34513451 7 relatives hereunder and any support orders entered by the
34523452 8 court in such cases shall provide that payments thereunder be
34533453 9 made directly to the Illinois Department.
34543454 10 Whenever it is determined in a proceeding to establish or
34553455 11 enforce a child support or maintenance obligation that the
34563456 12 person owing a duty of support is unemployed, the court may
34573457 13 order the person to seek employment and report periodically to
34583458 14 the court with a diary, listing or other memorandum of his or
34593459 15 her efforts in accordance with such order. Additionally, the
34603460 16 court may order the unemployed person to report to the
34613461 17 Department of Employment Security for job search services or
34623462 18 to make application with the local Job Training Partnership
34633463 19 Act provider for participation in job search, training or work
34643464 20 programs and where the duty of support is owed to a child
34653465 21 receiving child support enforcement services under this
34663466 22 Article X, the court may order the unemployed person to report
34673467 23 to the Illinois Department for participation in job search,
34683468 24 training or work programs established under Section 9-6 and
34693469 25 Article IXA of this Code.
34703470 26 Whenever it is determined that a person owes past-due
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34813481 1 support for a child receiving assistance under this Code, the
34823482 2 court shall order at the request of the Illinois Department:
34833483 3 (1) that the person pay the past-due support in
34843484 4 accordance with a plan approved by the court; or
34853485 5 (2) if the person owing past-due support is
34863486 6 unemployed, is subject to such a plan, and is not
34873487 7 incapacitated, that the person participate in such job
34883488 8 search, training, or work programs established under
34893489 9 Section 9-6 and Article IXA of this Code as the court deems
34903490 10 appropriate. The requirement to participate in programs
34913491 11 under Section 9-6 and Article IXA of this Code shall not
34923492 12 apply to persons who owe past-due support for a child who
34933493 13 is only receiving cash assistance under Article IV, and no
34943494 14 other assistance under this Code.
34953495 15 A determination under this Section shall not be
34963496 16 administratively reviewable by the procedures specified in
34973497 17 Sections 10-12, and 10-13 to 10-13.10. Any determination under
34983498 18 these Sections, if made the basis of court action under this
34993499 19 Section, shall not affect the de novo judicial determination
35003500 20 required under this Section.
35013501 21 If a person who is found guilty of contempt for failure to
35023502 22 comply with an order to pay support is a person who conducts a
35033503 23 business or who is self-employed, the court in addition to
35043504 24 other penalties provided by law may order that the person do
35053505 25 one or more of the following: (i) provide to the court monthly
35063506 26 financial statements showing income and expenses from the
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35173517 1 business or the self-employment; (ii) seek employment and
35183518 2 report periodically to the court with a diary, listing, or
35193519 3 other memorandum of his or her employment search efforts; or
35203520 4 (iii) report to the Department of Employment Security for job
35213521 5 search services to find employment that will be subject to
35223522 6 withholding of child support.
35233523 7 A one-time charge of 20% is imposable upon the amount of
35243524 8 past-due child support owed on July 1, 1988 which has accrued
35253525 9 under a support order entered by the court. The charge shall be
35263526 10 imposed in accordance with the provisions of Section 10-21 of
35273527 11 this Code and shall be enforced by the court upon petition.
35283528 12 All orders for support, when entered or modified, shall
35293529 13 include a provision requiring the non-custodial parent to
35303530 14 notify the court and, in cases in which a party is receiving
35313531 15 child support enforcement services under this Article X, the
35323532 16 Illinois Department, within 7 days, (i) of the name, address,
35333533 17 and telephone number of any new employer of the non-custodial
35343534 18 parent, (ii) whether the non-custodial parent has access to
35353535 19 health insurance coverage through the employer or other group
35363536 20 coverage and, if so, the policy name and number and the names
35373537 21 of persons covered under the policy, and (iii) of any new
35383538 22 residential or mailing address or telephone number of the
35393539 23 non-custodial parent. In any subsequent action to enforce a
35403540 24 support order, upon a sufficient showing that a diligent
35413541 25 effort has been made to ascertain the location of the
35423542 26 non-custodial parent, service of process or provision of
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35533553 1 notice necessary in the case may be made at the last known
35543554 2 address of the non-custodial parent in any manner expressly
35553555 3 provided by the Code of Civil Procedure or this Code, which
35563556 4 service shall be sufficient for purposes of due process.
35573557 5 An order for support shall include a date on which the
35583558 6 current support obligation terminates. The termination date
35593559 7 shall be no earlier than the date on which the child covered by
35603560 8 the order will attain the age of 18. However, if the child will
35613561 9 not graduate from high school until after attaining the age of
35623562 10 18, then the termination date shall be no earlier than the
35633563 11 earlier of the date on which the child's high school
35643564 12 graduation will occur or the date on which the child will
35653565 13 attain the age of 19. The order for support shall state that
35663566 14 the termination date does not apply to any arrearage that may
35673567 15 remain unpaid on that date. Nothing in this paragraph shall be
35683568 16 construed to prevent the court from modifying the order or
35693569 17 terminating the order in the event the child is otherwise
35703570 18 emancipated.
35713571 19 If there is an unpaid arrearage or delinquency (as those
35723572 20 terms are defined in the Income Withholding for Support Act)
35733573 21 equal to at least one month's support obligation on the
35743574 22 termination date stated in the order for support or, if there
35753575 23 is no termination date stated in the order, on the date the
35763576 24 child attains the age of majority or is otherwise emancipated,
35773577 25 then the periodic amount required to be paid for current
35783578 26 support of that child immediately prior to that date shall
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35893589 1 automatically continue to be an obligation, not as current
35903590 2 support but as periodic payment toward satisfaction of the
35913591 3 unpaid arrearage or delinquency. That periodic payment shall
35923592 4 be in addition to any periodic payment previously required for
35933593 5 satisfaction of the arrearage or delinquency. The total
35943594 6 periodic amount to be paid toward satisfaction of the
35953595 7 arrearage or delinquency may be enforced and collected by any
35963596 8 method provided by law for the enforcement and collection of
35973597 9 child support, including but not limited to income withholding
35983598 10 under the Income Withholding for Support Act. Each order for
35993599 11 support entered or modified on or after the effective date of
36003600 12 this amendatory Act of the 93rd General Assembly must contain
36013601 13 a statement notifying the parties of the requirements of this
36023602 14 paragraph. Failure to include the statement in the order for
36033603 15 support does not affect the validity of the order or the
36043604 16 operation of the provisions of this paragraph with regard to
36053605 17 the order. This paragraph shall not be construed to prevent or
36063606 18 affect the establishment or modification of an order for the
36073607 19 support of a minor child or the establishment or modification
36083608 20 of an order for the support of a non-minor child or educational
36093609 21 expenses under Section 513 of the Illinois Marriage and
36103610 22 Dissolution of Marriage Act.
36113611 23 Payments under this Section to the Illinois Department
36123612 24 pursuant to the Child Support Enforcement Program established
36133613 25 by Title IV-D of the Social Security Act shall be paid into the
36143614 26 Child Support Enforcement Trust Fund. All payments under this
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36253625 1 Section to the Illinois Department of Human Services shall be
36263626 2 deposited in the DHS Recoveries Trust Fund. Disbursements from
36273627 3 these funds shall be as provided in Sections 12-9.1 and
36283628 4 12-10.2 of this Code. Payments received by a local
36293629 5 governmental unit shall be deposited in that unit's General
36303630 6 Assistance Fund.
36313631 7 To the extent the provisions of this Section are
36323632 8 inconsistent with the requirements pertaining to the State
36333633 9 Disbursement Unit under Sections 10-10.4 and 10-26 of this
36343634 10 Code, the requirements pertaining to the State Disbursement
36353635 11 Unit shall apply.
36363636 12 (Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)
36373637 13 (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
36383638 14 Sec. 10-11.1. (a) Whenever it is determined in a
36393639 15 proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that
36403640 16 the responsible relative is unemployed, and support is sought
36413641 17 on behalf of applicants for or recipients of financial aid
36423642 18 under Article IV of this Code or other persons who are given
36433643 19 access to the child support enforcement services of this
36443644 20 Article as provided in Section 10-1, the administrative
36453645 21 enforcement unit may order the responsible relative to report
36463646 22 to the Illinois Department for participation in job search,
36473647 23 training or work programs established under Section 9-6 and
36483648 24 Article IXA of this Code or to the Illinois Department of
36493649 25 Employment Security for job search services or to make
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36603660 1 application with the local Job Training Partnership Act
36613661 2 provider for participation in job search, training or work
36623662 3 programs.
36633663 4 (b) Whenever it is determined that a responsible relative
36643664 5 owes past-due support for a child under an administrative
36653665 6 support order entered under subsection (b) of Section 10-7 or
36663666 7 under Section 10-11 or 10-17.1 and the child is receiving
36673667 8 assistance under this Code, the administrative enforcement
36683668 9 unit shall order the following:
36693669 10 (1) that the responsible relative pay the past-due
36703670 11 support in accordance with a plan approved by the
36713671 12 administrative enforcement unit; or
36723672 13 (2) if the responsible relative owing past-due support
36733673 14 is unemployed, is subject to such a plan, and is not
36743674 15 incapacitated, that the responsible relative participate
36753675 16 in job search, training, or work programs established
36763676 17 under Section 9-6 and Article IXA of this Code. The
36773677 18 requirement to participate in programs under Section 9-6
36783678 19 and Article IXA of this Code shall not apply to a
36793679 20 responsible relative who owes past-due support for a child
36803680 21 who is only receiving cash assistance under Article IV,
36813681 22 and no other assistance under this Code.
36823682 23 (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02.)
36833683 24 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
36843684 25 Sec. 10-15. Enforcement of administrative order; costs and
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36953695 1 fees. If a responsible relative refuses, neglects, or fails to
36963696 2 comply with a final administrative support or reimbursement
36973697 3 order of the Illinois Department entered by the Child and
36983698 4 Spouse Support Unit pursuant to Sections 10-11 or 10-11.1 or
36993699 5 registered pursuant to Section 10-17.1, the Child and Spouse
37003700 6 Support Unit may file suit against the responsible relative or
37013701 7 relatives to secure compliance with the administrative order.
37023702 8 Suits shall be instituted in the name of the People of the
37033703 9 State of Illinois on the relation of the Department of
37043704 10 Healthcare and Family Services of the State of Illinois and
37053705 11 the spouse or dependent children for whom the support order
37063706 12 has been issued.
37073707 13 The court shall order the payment of the support
37083708 14 obligation, or orders for reimbursement of moneys for support
37093709 15 provided, directly to the Illinois Department but the order
37103710 16 shall permit the Illinois Department to direct the responsible
37113711 17 relative or relatives to make payments of support directly to
37123712 18 the spouse or dependent children, or to some person or agency
37133713 19 in his or their behalf, as provided in Section 10-8 or 10-10,
37143714 20 as applicable.
37153715 21 Whenever it is determined in a proceeding to enforce an
37163716 22 administrative order that the responsible relative is
37173717 23 unemployed, and support is sought on behalf of applicants for
37183718 24 or recipients of financial aid under Article IV of this Code or
37193719 25 other persons who are given access to the child support
37203720 26 enforcement services of this Article as provided in Section
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37313731 1 10-1, the court may order the responsible relative to seek
37323732 2 employment and report periodically to the court with a diary,
37333733 3 listing or other memorandum of his or her efforts in
37343734 4 accordance with such order. In addition, the court may order
37353735 5 the unemployed responsible relative to report to the Illinois
37363736 6 Department for participation in job search, training or work
37373737 7 programs established under Section 9-6 of this Code or to the
37383738 8 Illinois Department of Employment Security for job search
37393739 9 services or to make application with the local Job Training
37403740 10 Partnership Act provider for participation in job search,
37413741 11 training or work programs.
37423742 12 Charges imposed in accordance with the provisions of
37433743 13 Section 10-21 shall be enforced by the Court in a suit filed
37443744 14 under this Section.
37453745 15 To the extent the provisions of this Section are
37463746 16 inconsistent with the requirements pertaining to the State
37473747 17 Disbursement Unit under Sections 10-10.4 and 10-26 of this
37483748 18 Code, the requirements pertaining to the State Disbursement
37493749 19 Unit shall apply.
37503750 20 (Source: P.A. 95-331, eff. 8-21-07.)
37513751 21 (305 ILCS 5/11-6) (from Ch. 23, par. 11-6)
37523752 22 Sec. 11-6. Decisions on applications. Within 10 days after
37533753 23 a decision is reached on an application, the applicant shall
37543754 24 be notified in writing of the decision. If the applicant
37553755 25 resides in a facility licensed under the Nursing Home Care Act
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37663766 1 or a supportive living facility authorized under Section
37673767 2 5-5.01a, the facility shall also receive written notice of the
37683768 3 decision, provided that the notification is related to a
37693769 4 Department payment for services received by the applicant in
37703770 5 the facility. Only facilities enrolled in and subject to a
37713771 6 provider agreement under the medical assistance program under
37723772 7 Article V may receive such notices of decisions. The
37733773 8 Department shall consider eligibility for, and the notice
37743774 9 shall contain a decision on, each of the following assistance
37753775 10 programs for which the client may be eligible based on the
37763776 11 information contained in the application: Cash Assistance to
37773777 12 Strengthen Households (CASH) Temporary Assistance for Needy
37783778 13 Families, Medical Assistance, Aid to the Aged, Blind and
37793779 14 Disabled, General Assistance (in the City of Chicago), and
37803780 15 food stamps. No decision shall be required for any assistance
37813781 16 program for which the applicant has expressly declined in
37823782 17 writing to apply. If the applicant is determined to be
37833783 18 eligible, the notice shall include a statement of the amount
37843784 19 of financial aid to be provided and a statement of the reasons
37853785 20 for any partial grant amounts. If the applicant is determined
37863786 21 ineligible for any public assistance the notice shall include
37873787 22 the reason why the applicant is ineligible. If the application
37883788 23 for any public assistance is denied, the notice shall include
37893789 24 a statement defining the applicant's right to appeal the
37903790 25 decision. The Illinois Department, by rule, shall determine
37913791 26 the date on which assistance shall begin for applicants
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38023802 1 determined eligible. That date may be no later than 30 days
38033803 2 after the date of the application.
38043804 3 Under no circumstances may any application be denied
38053805 4 solely to meet an application-processing deadline. As used in
38063806 5 this Section, "application" also refers to requests for
38073807 6 admission approval to facilities licensed under the Nursing
38083808 7 Home Care Act or to supportive living facilities authorized
38093809 8 under Section 5-5.01a.
38103810 9 (Source: P.A. 100-665, eff. 8-2-18; 100-863, eff. 8-14-18.)
38113811 10 (305 ILCS 5/11-17) (from Ch. 23, par. 11-17)
38123812 11 Sec. 11-17. Duplication or supplementation of aid
38133813 12 prohibited-Exceptions. Except (1) for Medical Assistance
38143814 13 provided under Article V, (2) cash assistance provided under
38153815 14 Article IV, or (3) (2) when necessary to accomplish the
38163816 15 purposes of this Code, where not inconsistent therewith, and
38173817 16 subject to the rules of the Illinois Department, a person
38183818 17 receiving aid under Article any one of Articles III, IV, or VI
38193819 18 of this Code shall not at the same time receive aid under any
38203820 19 other of such Articles or any other financial aid from the
38213821 20 State, any political subdivision thereof, or any municipal
38223822 21 corporation therein.
38233823 22 (Source: P.A. 92-111, eff. 1-1-02.)
38243824 23 (305 ILCS 5/11-18) (from Ch. 23, par. 11-18)
38253825 24 Sec. 11-18. Duty to report changes in circumstances.
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38363836 1 Except as set forth in Article IV regarding the
38373837 2 administration of CASH, it It is the duty of every applicant
38383838 3 and recipient to notify promptly the county department or the
38393839 4 supervisor of general assistance, as the case may be, of any
38403840 5 change of status with respect to his property, or need, or
38413841 6 family composition, amount of income, money contributions and
38423842 7 other support, from whatever source, occurring, in the case of
38433843 8 an applicant, between the time of his filing an application
38443844 9 for financial aid and the issuance of the grant, and, in the
38453845 10 case of a recipient, occurring at any time during the period
38463846 11 that he receives financial aid.
38473847 12 If an applicant or recipient fails to give prompt notice
38483848 13 of changes in his circumstances, and as a result financial aid
38493849 14 is given to which he is not entitled, he shall be liable to the
38503850 15 county department or to the local governmental unit, as the
38513851 16 case may be, for refunding a sum of money up to but not in
38523852 17 excess of the entire amount of financial aid provided. Unless
38533853 18 the refund is made the amount may be recovered in a civil
38543854 19 action.
38553855 20 (Source: Laws 1967, p. 122.)
38563856 21 (305 ILCS 5/11-19) (from Ch. 23, par. 11-19)
38573857 22 Sec. 11-19. Reports by recipients. Except as set forth in
38583858 23 Article IV regarding the administration of CASH, every Every
38593859 24 recipient who is of legal age, and every grantee of record of
38603860 25 aid provided for a minor recipient, shall file with the county
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38713871 1 department or the local governmental unit, as the case may be,
38723872 2 a statement in respect to any change occurring in his status
38733873 3 since his application was made or the filing of his last such
38743874 4 report, whichever is applicable. The report shall set out any
38753875 5 changes occurring in respect to his property or need, family
38763876 6 composition, amount of income, money contributions or other
38773877 7 support, from whatever source. Such reports shall be required
38783878 8 to be filed as often as may be specified by rule, and the
38793879 9 required frequency of such reports may vary by program,
38803880 10 geographic area, condition of employment, or such other
38813881 11 differentiation as may be specified by rule. The Illinois
38823882 12 Department may require that information in the reports filed
38833883 13 under this Section include a child immunization history for
38843884 14 recipients age 6 and under not attending school. For
38853885 15 recipients who report that they have not obtained the
38863886 16 immunizations in accordance with recommended schedules, the
38873887 17 Illinois Department shall respond by providing information
38883888 18 about the availability and location of immunization services
38893889 19 and shall transmit the immunization history information to the
38903890 20 Healthy Kids Program administered under Section 5-19 of this
38913891 21 Code.
38923892 22 (Source: P.A. 88-342.)
38933893 23 (305 ILCS 5/11-20.1) (from Ch. 23, par. 11-20.1)
38943894 24 Sec. 11-20.1. Employment; Rights of recipient and
38953895 25 obligations of Illinois Department when recipients become
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39063906 1 employed; Assistance when a recipient has employment or earned
39073907 2 income or both.
39083908 3 (a) When a recipient reports employment or earned income,
39093909 4 or both, or the Illinois Department otherwise learns of a
39103910 5 recipient's employment or earned income, or both, the Illinois
39113911 6 Department shall provide the recipient with:
39123912 7 (1) An explanation of how the earned income will
39133913 8 affect the recipient's eligibility for a grant, and
39143914 9 whether the recipient must engage in additional work
39153915 10 activities to meet the recipient's monthly work activities
39163916 11 requirement and what types of activities may be approved
39173917 12 for that purpose, and whether the employment is sufficient
39183918 13 to cause months of continued receipt of a grant not to be
39193919 14 counted against the recipient's lifetime eligibility
39203920 15 limit.
39213921 16 (2) An explanation of the Work Pays budgeting process,
39223922 17 and an explanation of how the first month's income on a new
39233923 18 job will be projected, and how the recipient should report
39243924 19 the new job to avoid the Department overestimating the
39253925 20 first month's income.
39263926 21 (3) An explanation of how the earned income will
39273927 22 affect the recipient's eligibility for food stamps,
39283928 23 whether the recipient will continue to receive food
39293929 24 stamps, and, if so, the amount of food stamps.
39303930 25 (4) The names and telephone numbers of all caseworkers
39313931 26 to whom the recipient's case or cases are assigned or will
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39423942 1 be transferred, an explanation of which type of case each
39433943 2 worker will be handling, and the effective date of the
39443944 3 transfer.
39453945 4 (5) An explanation of the recipient's responsibilities
39463946 5 to report income and household circumstances, the process
39473947 6 by which quarterly reporting forms are sent to recipients,
39483948 7 where and to whom the reports should be returned, the
39493949 8 deadline by which reports must be returned, instructions
39503950 9 on how to fill out the reports, an explanation of what the
39513951 10 recipient should do if he or she does not receive the form,
39523952 11 advice on how to prove the report was returned by the
39533953 12 recipient such as by keeping a copy, and an explanation of
39543954 13 the effects of failure to file reports.
39553955 14 (6) If the recipient will continue to receive a grant,
39563956 15 an explanation of the recipient's new fiscal month and a
39573957 16 statement as to when the recipient will receive his or her
39583958 17 grant.
39593959 18 (7) An explanation of Kidcare, Family Assist, Family
39603960 19 Care, and the 12 month extension of medical assistance
39613961 20 that is available when a grant is cancelled due to earned
39623962 21 income.
39633963 22 (8) An explanation of the medical assistance the
39643964 23 person may be eligible for when the 12 month extension
39653965 24 expires and how to request or apply for it.
39663966 25 (9) An explanation of the availability of a child care
39673967 26 subsidy to all families below the child care assistance
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39783978 1 program's income limit, how to apply for the benefit
39793979 2 through the Child Care Resource and Referral or
39803980 3 site-administered child care program or both, the nature
39813981 4 of the child care program's sliding scale co-payments, the
39823982 5 availability of the 10% earned income disregard in
39833983 6 determining eligibility for child care assistance and the
39843984 7 amount of the parent co-payment, the right to use the
39853985 8 subsidy for either licensed or license exempt legal care,
39863986 9 and the availability of benefits when the parent is
39873987 10 engaged in an education and training program.
39883988 11 (10) (Blank).
39893989 12 (11) (Blank).
39903990 13 (11a) (Blank).
39913991 14 (12) (Blank).
39923992 15 (13) An explanation of the availability of payment for
39933993 16 initial expenses of employment and how to request or apply
39943994 17 for it.
39953995 18 (14) An explanation of the job retention component and
39963996 19 how to participate in it, and an explanation of the
39973997 20 recipient's eligibility to receive supportive services to
39983998 21 participate in education and training programs while
39993999 22 working.
40004000 23 (15) A statement of the types of assistance that will
40014001 24 be provided to the person automatically or continued and a
40024002 25 statement of the types of assistance for which the person
40034003 26 must apply or reapply.
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40144014 1 (16) If the recipient will not continue to receive a
40154015 2 cash grant and the recipient has assigned his or her right
40164016 3 to child support to the Illinois Department, an
40174017 4 explanation of the recipient's right to continue to
40184018 5 receive child support enforcement services, the
40194019 6 recipient's right to have all current support paid after
40204020 7 grant cancellation forwarded promptly to the recipient,
40214021 8 the procedures by which child support will be forwarded,
40224022 9 and the procedures by which the recipient will be informed
40234023 10 of the collection and distribution of child support.
40244024 11 (17) An explanation of the availability of payments if
40254025 12 the recipient experiences a decrease in or loss of earned
40264026 13 income during a calendar quarter as to which the monthly
40274027 14 grant was previously budgeted based upon the higher
40284028 15 income.
40294029 16 (18) If the recipient will not continue to receive a
40304030 17 cash grant, an explanation of the procedures for
40314031 18 reapplying for cash assistance if the person experiences a
40324032 19 decrease in or loss of earned income.
40334033 20 (19) An explanation of the earned income tax credit
40344034 21 and the procedures by which it may be obtained and the
40354035 22 rules for disregarding it in determining eligibility for
40364036 23 and the amount of assistance.
40374037 24 (20) An explanation of the education and training
40384038 25 opportunities available to recipients.
40394039 26 (b) The information listed in subsection (a) shall be
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40504050 1 provided to the recipient on an individual basis during an
40514051 2 in-person meeting with a representative of the Illinois
40524052 3 Department. The individual in-person meeting shall be held at
40534053 4 a time which does not conflict with the recipient's work
40544054 5 schedule within 30 days of the date the recipient begins
40554055 6 working. If the recipient informs the Illinois Department that
40564056 7 an in-person meeting would be inconvenient, the Illinois
40574057 8 Department may provide the information during a home visit, by
40584058 9 telephone, or by mail within 30 days of the date the recipient
40594059 10 begins working, whichever the client prefers.
40604060 11 For individuals receiving only cash assistance under
40614061 12 Article IV, the Department shall provide the information
40624062 13 listed in subsection (a) by telephone, mail, electronic mail,
40634063 14 text message, or other method of preferred communication as
40644064 15 indicated by the individual. The Department shall not seek to
40654065 16 conduct an in-person meeting with individuals receiving only
40664066 17 cash assistance under Article IV.
40674067 18 (c) At the conclusion of the meeting described in
40684068 19 subsection (b), the Illinois Department shall ensure that all
40694069 20 case transfers and calculations of benefits necessitated by
40704070 21 the recipient's employment or receipt of earned income have
40714071 22 been performed, that applications have been made or provided
40724072 23 for all benefits for which the person must apply or reapply,
40734073 24 and that the person has received payment for initial expenses
40744074 25 of employment.
40754075 26 (d) In food stamp cases in which an applicant or recipient
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40864086 1 reports earned income, the applicant's or recipient's
40874087 2 employment shall be presumed to be a hardship for purposes of
40884088 3 scheduling an in-person meeting with a representative of the
40894089 4 Illinois Department and an in-person meeting shall be waived.
40904090 5 (Source: P.A. 96-867, eff. 1-1-11.)
40914091 6 (305 ILCS 5/11-22c) (from Ch. 23, par. 11-22c)
40924092 7 Sec. 11-22c. Recovery of back wages.
40934093 8 (a) As used in this Section, "recipient" means any person
40944094 9 receiving financial assistance under Article IV or Article VI
40954095 10 of this Code, receiving health care benefits under the
40964096 11 Covering ALL KIDS Health Insurance Act, or receiving health
40974097 12 care benefits under the Veterans' Health Insurance Program Act
40984098 13 or the Veterans' Health Insurance Program Act of 2008.
40994099 14 (b) If a recipient maintains any suit, charge or other
41004100 15 court or administrative action against an employer seeking
41014101 16 back pay for a period during which the recipient received
41024102 17 financial assistance under Article IV or Article VI of this
41034103 18 Code, health care benefits under the Covering ALL KIDS Health
41044104 19 Insurance Act, or health care benefits under the Veterans'
41054105 20 Health Insurance Program Act or the Veterans' Health Insurance
41064106 21 Program Act of 2008, the recipient shall report such fact to
41074107 22 the Department. To the extent of the amount of assistance
41084108 23 provided to or on behalf of the recipient under Article IV or
41094109 24 Article VI, health care benefits provided under the Covering
41104110 25 ALL KIDS Health Insurance Act, or health care benefits
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41214121 1 provided under the Veterans' Health Insurance Program Act or
41224122 2 the Veterans' Health Insurance Program Act of 2008, the
41234123 3 Department may by intervention or otherwise without the
41244124 4 necessity of assignment of claim, attach a lien on the
41254125 5 recovery of back wages equal to the amount of assistance
41264126 6 provided by the Department to the recipient under Article IV
41274127 7 or Article VI, under the Covering ALL KIDS Health Insurance
41284128 8 Act, or under the Veterans' Health Insurance Program Act or
41294129 9 the Veterans' Health Insurance Program Act of 2008.
41304130 10 (Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06;
41314131 11 95-755, eff. 7-25-08.)
41324132 12 (305 ILCS 5/11-32)
41334133 13 Sec. 11-32. Premium debts; forgiveness, compromise,
41344134 14 reduction. The Department may forgive, compromise, or reduce
41354135 15 any debt owed by a former or current recipient of medical
41364136 16 assistance under this Code or health care benefits under the
41374137 17 Children's Health Insurance Program or the Covering ALL KIDS
41384138 18 Health Insurance Program that is related to any premium that
41394139 19 was determined or imposed in accordance with (i) the
41404140 20 Children's Health Insurance Program Act or the Covering ALL
41414141 21 KIDS Health Insurance Act prior to those Acts becoming
41424142 22 inoperative or (ii) any corresponding administrative rule.
41434143 23 The Department may forgive, compromise, or reduce any debt
41444144 24 owed by a former or current recipient of cash assistance under
41454145 25 Article IV, including those recipients whose debt was
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41564156 1 generated by overpayment of TANF cash assistance before July
41574157 2 1, 2026.
41584158 3 (Source: P.A. 102-43, eff. 7-6-21.)
41594159 4 (305 ILCS 5/12-4.4) (from Ch. 23, par. 12-4.4)
41604160 5 Sec. 12-4.4. Administration of federally-aided programs.
41614161 6 Direct County Departments of Public Aid in the administration
41624162 7 of the federally funded Supplemental Nutrition Assistance
41634163 8 (SNAP) Program, programs to aid refugees and Articles III, IV,
41644164 9 and V of this Code.
41654165 10 The Illinois Department of Human Services shall operate a
41664166 11 SNAP Employment and Training (SNAP E&T) program in compliance
41674167 12 with federal law. The SNAP E&T program may only be mandatory in
41684168 13 counties where the Department can show that there are
41694169 14 sufficient program slots for at least the majority of the
41704170 15 county's current non-exempt work registrants as described in
41714171 16 Section 11-20 of this Code. Nothing in this Section shall
41724172 17 prevent the Department from operating a fully voluntary SNAP
41734173 18 E&T program. The SNAP E&T program will have an Earnfare
41744174 19 component. The Earnfare component shall be available in
41754175 20 selected geographic areas based on criteria established by the
41764176 21 Illinois Department of Human Services by rule. Participants in
41774177 22 Earnfare will, to the extent resources allow, earn their
41784178 23 assistance. Participation in the Earnfare program is
41794179 24 voluntary, except when ordered by a court of competent
41804180 25 jurisdiction. Eligibility for Earnfare may be limited to only
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41914191 1 6 months out of any 12 consecutive month period. Clients are
41924192 2 not entitled to be placed in an Earnfare slot. Earnfare slots
41934193 3 shall be made available only as resources permit. Earnfare
41944194 4 shall be available to persons receiving SNAP benefits who meet
41954195 5 eligibility criteria established by the Illinois Department of
41964196 6 Human Services by rule. The Illinois Department may, by rule,
41974197 7 extend the Earnfare Program to clients who do not receive SNAP
41984198 8 benefits. Receipt of SNAP benefits is not an eligibility
41994199 9 requirement of Earnfare when a court of competent jurisdiction
42004200 10 orders an individual to participate in the Earnfare Program.
42014201 11 To the extent resources permit, the Earnfare program will
42024202 12 allow participants to engage in work-related activities to
42034203 13 earn monthly financial assistance payments and to improve
42044204 14 participants' employability in order for them to succeed in
42054205 15 obtaining employment. The Illinois Department of Human
42064206 16 Services may enter into contracts with other public agencies
42074207 17 including State agencies, with local governmental units, and
42084208 18 with not-for-profit community based organizations to carry out
42094209 19 the elements of the Program that the Department of Human
42104210 20 Services deems appropriate.
42114211 21 The Earnfare Program shall contain the following elements:
42124212 22 (1) To the extent resources allow and slots exist, the
42134213 23 Illinois Department of Human Services shall refer
42144214 24 recipients of SNAP benefits who meet eligibility criteria,
42154215 25 as established by rule. Receipt of SNAP benefits is not an
42164216 26 eligibility requirement of Earnfare when a court of
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42274227 1 competent jurisdiction orders an individual to participate
42284228 2 in the Earnfare Program.
42294229 3 (2) Persons participating in Earnfare shall engage in
42304230 4 employment assigned activities equal to the amount of the
42314231 5 SNAP benefits divided by the State or federal minimum
42324232 6 wage, whichever is higher, and subsequently shall earn
42334233 7 minimum wage assistance for each additional hour of
42344234 8 performance in Earnfare activity. Earnfare participants
42354235 9 shall be offered the opportunity to earn up to $154. The
42364236 10 Department of Human Services may establish a higher amount
42374237 11 by rule provided resources permit. If a court of competent
42384238 12 jurisdiction orders an individual to participate in the
42394239 13 Earnfare program, hours engaged in employment assigned
42404240 14 activities shall first be applied for a $50 payment made
42414241 15 to the custodial parent as a support obligation. If the
42424242 16 individual receives SNAP benefits, the individual shall
42434243 17 engage in employment assigned activities equal to the
42444244 18 amount of the SNAP benefits divided by the State or
42454245 19 federal minimum wage, whichever is higher, and
42464246 20 subsequently shall earn State or federal minimum wage
42474247 21 assistance, whichever is higher, for each additional hour
42484248 22 of performance in Earnfare activity.
42494249 23 (3) To the extent appropriate slots are available, the
42504250 24 Illinois Department of Human Services shall assign
42514251 25 Earnfare participants to Earnfare activities based on an
42524252 26 assessment of the person's age, literacy, education,
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42634263 1 educational achievement, job training, work experience,
42644264 2 and recent institutionalization, whenever these factors
42654265 3 are known to the Department of Human Services or to the
42664266 4 contractor and are relevant to the individual's success in
42674267 5 carrying out the assigned activities and in ultimately
42684268 6 obtaining employment.
42694269 7 (4) The Department of Human Services shall consider
42704270 8 the participant's preferences and personal employment
42714271 9 goals in making assignments to the extent administratively
42724272 10 possible and to the extent that resources allow.
42734273 11 (5) The Department of Human Services may enter into
42744274 12 cooperative agreements with local governmental units
42754275 13 (which may, in turn, enter into agreements with
42764276 14 not-for-profit community based organizations): with other
42774277 15 public, including State, agencies; directly with
42784278 16 not-for-profit community based organizations, and with
42794279 17 private employers to create Earnfare activities for
42804280 18 program participants.
42814281 19 (6) To the extent resources permit, the Department of
42824282 20 Human Services shall provide the Earnfare participants
42834283 21 with the costs of transportation in looking for work and
42844284 22 in getting to and from the assigned Earnfare job site and
42854285 23 initial expenses of employment.
42864286 24 (7) All income and asset limitations of the Federal
42874287 25 SNAP Program will govern continued Earnfare participation,
42884288 26 except that court ordered participants shall participate
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42994299 1 for 6 months unless the court orders otherwise.
43004300 2 (8) Earnfare participants shall not displace or
43014301 3 substitute for regular, full time or part time employees,
43024302 4 regardless of whether or not the employee is currently
43034303 5 working, on a leave of absence or in a position or similar
43044304 6 position where a layoff has taken place or the employer
43054305 7 has terminated the employment of any regular employee or
43064306 8 otherwise reduced its workforce with the effect of filling
43074307 9 the vacancy so created with a participant subsidized under
43084308 10 this program, or is or has been involved in a labor dispute
43094309 11 between a labor organization and the sponsor.
43104310 12 (9) Persons who fail to cooperate with the SNAP E&T
43114311 13 program in counties where available program slots exist
43124312 14 for at least the majority of that county's current work
43134313 15 registrants shall become ineligible for SNAP benefits
43144314 16 according to SNAP regulations, and for Earnfare
43154315 17 participation. Failure to participate in Earnfare for all
43164316 18 of the hours assigned is not a failure to cooperate unless
43174317 19 so established by the employer pursuant to Department of
43184318 20 Human Services rules. If a person who is ordered by a court
43194319 21 of competent jurisdiction to participate in the Earnfare
43204320 22 Program fails to cooperate with the Program, the person
43214321 23 shall be referred to the court for failure to comply with
43224322 24 the court order.
43234323 25 (Source: P.A. 101-566, eff. 8-23-19.)
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43344334 1 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
43354335 2 Sec. 12-4.11. Grant amounts. The Department, with due
43364336 3 regard for and subject to budgetary limitations, shall
43374337 4 establish grant amounts for each of the programs, by
43384338 5 regulation, except as provided by Section 4-2. The grant
43394339 6 amounts may vary by program, size of assistance unit and
43404340 7 geographic area. Grant amounts under the Cash Assistance to
43414341 8 Strengthen Households (CASH) Temporary Assistance for Needy
43424342 9 Families (TANF) program may not vary on the basis of a TANF
43434343 10 recipient's county of residence.
43444344 11 Payments of cash assistance under Article IV shall not be
43454345 12 reduced, for any reason, for eligible households during their
43464346 13 certification as set forth in Section 4-2.2. All other aid Aid
43474347 14 payments administered under this Code shall not be reduced
43484348 15 except: (1) for changes in the cost of items included in the
43494349 16 grant amounts, or (2) for changes in the expenses of the
43504350 17 recipient, or (3) for changes in the income or resources
43514351 18 available to the recipient, or (4) for changes in grants
43524352 19 resulting from adoption of a consolidated grant amount.
43534353 20 The maximum benefit levels provided to TANF recipients
43544354 21 shall increase as follows: beginning October 1, 2023, the
43554355 22 Department of Human Services shall increase TANF grant amounts
43564356 23 in effect on September 30, 2023 to at least 35% of the most
43574357 24 recent United States Department of Health and Human Services
43584358 25 Federal Poverty Guidelines for each family size. Beginning
43594359 26 October 1, 2024, and each October 1 thereafter, the maximum
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43704370 1 benefit levels shall be annually adjusted to remain equal to
43714371 2 at least 35% of the most recent poverty guidelines updated
43724372 3 periodically in the Federal Register by the U.S. Department of
43734373 4 Health and Human Services under the authority of 42 U.S.C.
43744374 5 9902(2) for each family size.
43754375 6 TANF grants for child-only assistance units shall be at
43764376 7 least 75% of TANF grants for assistance units of the same size
43774377 8 that consist of a caretaker relative with children.
43784378 9 In fixing standards to govern payments or reimbursements
43794379 10 for funeral and burial expenses, the Department shall
43804380 11 establish a minimum allowable amount of not less than $1,000
43814381 12 for Department payment of funeral services and not less than
43824382 13 $500 for Department payment of burial or cremation services.
43834383 14 On January 1, 2006, July 1, 2006, and July 1, 2007, the
43844384 15 Department shall increase the minimum reimbursement amount for
43854385 16 funeral and burial expenses under this Section by a percentage
43864386 17 equal to the percentage increase in the Consumer Price Index
43874387 18 for All Urban Consumers, if any, during the 12 months
43884388 19 immediately preceding that January 1 or July 1. In
43894389 20 establishing the minimum allowable amount, the Department
43904390 21 shall take into account the services essential to a dignified,
43914391 22 low-cost (i) funeral and (ii) burial or cremation, including
43924392 23 reasonable amounts that may be necessary for burial space and
43934393 24 cemetery charges, and any applicable taxes or other required
43944394 25 governmental fees or charges. If no person has agreed to pay
43954395 26 the total cost of the (i) funeral and (ii) burial or cremation
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44064406 1 charges, the Department shall pay the vendor the actual costs
44074407 2 of the (i) funeral and (ii) burial or cremation, or the minimum
44084408 3 allowable amount for each service as established by the
44094409 4 Department, whichever is less, provided that the Department
44104410 5 reduces its payments by the amount available from the
44114411 6 following sources: the decedent's assets and available
44124412 7 resources and the anticipated amounts of any death benefits
44134413 8 available to the decedent's estate, and amounts paid and
44144414 9 arranged to be paid by the decedent's legally responsible
44154415 10 relatives. A legally responsible relative is expected to pay
44164416 11 (i) funeral and (ii) burial or cremation expenses unless
44174417 12 financially unable to do so.
44184418 13 Nothing contained in this Section or in any other Section
44194419 14 of this Code shall be construed to prohibit the Illinois
44204420 15 Department (1) from consolidating existing standards on the
44214421 16 basis of any standards which are or were in effect on, or
44224422 17 subsequent to July 1, 1969, or (2) from employing any
44234423 18 consolidated standards in determining need for public aid and
44244424 19 the amount of money payment or grant for individual recipients
44254425 20 or recipient families.
44264426 21 (Source: P.A. 103-8, eff. 6-7-23.)
44274427 22 (305 ILCS 5/12-4.14) (from Ch. 23, par. 12-4.14)
44284428 23 Sec. 12-4.14. Investigation of resources of applicants,
44294429 24 recipients, and responsible relatives. Investigate the
44304430 25 financial condition of applicants, recipients, and responsible
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44414441 1 relatives as defined in Section 2-11 of Article II, in order to
44424442 2 determine whether an applicant or recipient has or can obtain
44434443 3 property, income, resources, or other sources of support
44444444 4 sufficient to provide him with a standard of living compatible
44454445 5 with health and well-being.
44464446 6 This Section shall not apply to the administration of cash
44474447 7 assistance under Article IV.
44484448 8 (Source: Laws 1967, p. 122.)
44494449 9 (305 ILCS 5/12-4.33)
44504450 10 Sec. 12-4.33. Welfare reform research and accountability.
44514451 11 (a) The Illinois Department shall collect and report upon
44524452 12 all data in connection with federally funded or assisted
44534453 13 welfare programs as federal law may require, including, but
44544454 14 not limited to, Section 411 of the Personal Responsibility and
44554455 15 Work Opportunity Reconciliation Act of 1996 and its
44564456 16 implementing regulations and any amendments thereto as may
44574457 17 from time to time be enacted.
44584458 18 (b) In addition to and on the same schedule as the data
44594459 19 collection required by federal law and subsection (a), the
44604460 20 Department shall collect and report on further information
44614461 21 with respect to the Cash Assistance to Strengthen Households
44624462 22 (CASH) Temporary Assistance for Needy Families ("TANF")
44634463 23 program, as follows:
44644464 24 (1) With respect to denials of applications for
44654465 25 benefits, all of the same information about the family
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44764476 1 required under the federal law, plus the specific reason
44774477 2 or reasons for denial of the application.
44784478 3 (2) With respect to all terminations of benefits, all
44794479 4 of the same information as required under the federal law,
44804480 5 plus the specific reason or reasons for the termination.
44814481 6 (c) (Blank). The Department shall collect all of the same
44824482 7 data as set forth in subsections (a) and (b), and report it on
44834483 8 the same schedule, with respect to all cash assistance
44844484 9 benefits provided to families that are not funded from the
44854485 10 TANF program federal block grant or are not otherwise required
44864486 11 to be included in the data collection and reporting in
44874487 12 subsections (a) and (b).
44884488 13 (d) Whether or not reports under this Section must be
44894489 14 submitted to the federal government, they shall be considered
44904490 15 public and they shall be promptly made available to the public
44914491 16 at the end of each fiscal year, free of charge upon request.
44924492 17 The data underlying the reports shall be made available to
44934493 18 academic institutions and public policy organizations involved
44944494 19 in the study of welfare issues or programs and redacted to
44954495 20 conform with applicable privacy laws. The cost shall be no
44964496 21 more than that incurred by the Department in assembling and
44974497 22 delivering the data.
44984498 23 (e) (Blank).
44994499 24 (f) (Blank).
45004500 25 (Source: P.A. 95-322, eff. 1-1-08.)
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45114511 1 (305 ILCS 5/12-4.104)
45124512 2 Sec. 12-4.104. Family and Community Development Grant
45134513 3 Program.
45144514 4 (a) Subject to funding availability, a family and
45154515 5 community development grant program shall be administered by
45164516 6 the Department of Human Services. The program shall be
45174517 7 designed to make services available to families who are at
45184518 8 risk of long-term economic dependency and to work with
45194519 9 communities to provide economic opportunities. The purpose of
45204520 10 the program is to fund, evaluate, and provide recommendations
45214521 11 on not less than 8 nor more than 10 projects to move 100
45224522 12 families at risk of long-term economic dependency to
45234523 13 self-sufficiency through the family and community development
45244524 14 program.
45254525 15 (b) As used in this Section only:
45264526 16 "Applicant" means a public or private organization that
45274527 17 makes application for a grant through the request for
45284528 18 proposals process.
45294529 19 "Council" means the Social Services Advisory Council.
45304530 20 "Department" means the Department of Human Services.
45314531 21 "Grant" means an award to fund a project approved by the
45324532 22 Department with the advice of the Council.
45334533 23 "Grantee" means the recipient of a grant approved by the
45344534 24 Department.
45354535 25 (c) The Social Services Advisory Council as established
45364536 26 within the Department of Human Services shall, with respect to
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45474547 1 the family and community development grants administered by
45484548 2 the Department, involve a representative of the Human Resource
45494549 3 Investment Council in considering proposed projects and
45504550 4 monitoring approved projects.
45514551 5 (d) The Council shall:
45524552 6 (1) Identify the factors and conditions that place
45534553 7 Illinois families at risk of long-term dependency upon the
45544554 8 AFDC program or its successor program. The Council shall
45554555 9 seek to use relevant research findings and national and
45564556 10 Illinois-specific data on TANF (formerly AFDC), and, after
45574557 11 July 1, 2026, data related to the administration of the
45584558 12 CASH program including data set forth in Section 12-4.33.
45594559 13 (2) Identify the factors and conditions that place
45604560 14 Illinois families at risk of family instability, long-term
45614561 15 economic dependency, and foster care placement.
45624562 16 (3) Report those findings to the Secretary of Human
45634563 17 Services for his or her evaluation.
45644564 18 (4) Recommend grants to public or private
45654565 19 organizations to provide family and community development
45664566 20 services to families at risk of long-term economic
45674567 21 dependency.
45684568 22 (5) In cooperation with the Illinois Community Action
45694569 23 Association, use family and community development outcome
45704570 24 measures to independently evaluate the effectiveness of
45714571 25 demonstration projects.
45724572 26 (6) Seek the support of an Illinois accredited
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45834583 1 university to continue research and evaluation
45844584 2 responsibilities.
45854585 3 (7) Seek additional support for the funding of family
45864586 4 and community development grants.
45874587 5 (8) Make recommendations to the Governor, the General
45884588 6 Assembly, and the Secretary of Human Services on the
45894589 7 effectiveness of family and community development
45904590 8 intervention programs in Illinois.
45914591 9 (9) Evaluate and make recommendations regarding the
45924592 10 cost and benefits to the expansion of eligibility or the
45934593 11 services provided under CASH TANF (formerly TANF AFDC) to
45944594 12 include tuition for parenting skills programs, family
45954595 13 support and counseling services, child development
45964596 14 services, job readiness and job skill training, and
45974597 15 transportation and child care expenses associated with the
45984598 16 programs and services.
45994599 17 (e) In cooperation with the Illinois Community Action
46004600 18 Association, the grantees shall identify families that receive
46014601 19 CASH TANF (formerly TANF AFDC) payments that may place
46024602 20 families at risk of long-term economic dependency.
46034603 21 (f) The Department shall adopt rules for the operation of
46044604 22 this program.
46054605 23 (Source: P.A. 90-783, eff. 8-14-98.)
46064606 24 (305 ILCS 5/12-13.05)
46074607 25 Sec. 12-13.05. Rules for Temporary Assistance for Needy
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46184618 1 Families. All rules regulating the Cash Assistance to
46194619 2 Strengthen Households (CASH) (formerly the Temporary
46204620 3 Assistance for Needy Families (TANF) program) and all other
46214621 4 rules regulating the amendatory changes to this Code made by
46224622 5 this amendatory Act of 1997 shall be promulgated pursuant to
46234623 6 this Section.
46244624 7 (Source: P.A. 94-416, eff. 1-1-06.)
46254625 8 (305 ILCS 5/12-13.4)
46264626 9 Sec. 12-13.4. Materials on nutritional health. The
46274627 10 Department of Human Services, in cooperation with the
46284628 11 Department of Public Health, shall develop materials and
46294629 12 resources on nutritional health for distribution to new
46304630 13 enrollees in the CASH TANF program under Article IV and the
46314631 14 Food Stamp program. The Department of Public Health shall
46324632 15 develop a video presentation on nutritional health to be shown
46334633 16 to new enrollees in the TANF program under Article IV and the
46344634 17 Food Stamp program. The Department of Human Services shall
46354635 18 develop the materials and resources within 6 months after the
46364636 19 effective date of this amendatory Act of the 94th General
46374637 20 Assembly and shall provide those materials and resources to
46384638 21 all persons who enroll in the TANF program and the Food Stamp
46394639 22 program after the materials and resources are developed.
46404640 23 (Source: P.A. 94-433, eff. 1-1-06.)
46414641 24 (305 ILCS 5/16-1)
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46524652 1 Sec. 16-1. Benefits for foreign-born victims of
46534653 2 trafficking, torture, or other serious crimes. In order to
46544654 3 protect persons who are foreign-born victims of trafficking,
46554655 4 torture, or other serious crimes and to reduce the risk of
46564656 5 further harm, exploitation, and re-trafficking, beginning
46574657 6 January 1, 2018, cash assistance provided under the Temporary
46584658 7 Assistance for Needy Families program established under
46594659 8 Article IV of this Code and benefits provided under the
46604660 9 federal Supplemental Nutrition Assistance Program (SNAP) shall
46614661 10 be provided to such persons and their derivative family
46624662 11 members to the same extent cash assistance and SNAP benefits
46634663 12 are provided to individuals who are admitted to the United
46644664 13 States as refugees under Section 1157 of Title 8 of the United
46654665 14 States Code. To the extent that federal funding is not
46664666 15 available, any cash assistance or SNAP benefits provided under
46674667 16 this Article shall be paid from State funds. If changes made in
46684668 17 this Section require federal approval, they shall not take
46694669 18 effect until such approval has been received.
46704670 19 (Source: P.A. 99-870, eff. 8-22-16.)
46714671 20 (305 ILCS 5/16-2)
46724672 21 Sec. 16-2. Eligibility. Subject to available funding, a
46734673 22 foreign-born victim of trafficking, torture, or other serious
46744674 23 crimes and the individual's derivative family members, but not
46754675 24 a single adult without derivative family members, are eligible
46764676 25 for cash assistance or SNAP benefits under this Article if the
46774677
46784678
46794679
46804680
46814681
46824682 HB2694 - 131 - LRB104 10136 KTG 20208 b
46834683
46844684
46854685 HB2694- 132 -LRB104 10136 KTG 20208 b HB2694 - 132 - LRB104 10136 KTG 20208 b
46864686 HB2694 - 132 - LRB104 10136 KTG 20208 b
46874687 1 individual:
46884688 2 (a) has filed:
46894689 3 (1) an application for T Nonimmigrant status with
46904690 4 the appropriate federal agency pursuant to Section
46914691 5 1101(a)(15)(T) of Title 8 of the United States Code,
46924692 6 or is otherwise taking steps to meet the conditions
46934693 7 for federal benefits eligibility under Section 7105 of
46944694 8 Title 22 of the United States Code;
46954695 9 (2) a formal application with the appropriate
46964696 10 federal agency for status pursuant to Section
46974697 11 1101(a)(15)(U) of Title 8 of the United States Code;
46984698 12 or
46994699 13 (3) a formal application with the appropriate
47004700 14 federal agency for status under Section 1158 of Title
47014701 15 8 of the United States Code; and
47024702 16 (b) is otherwise eligible for cash assistance or SNAP
47034703 17 benefits, as applicable.
47044704 18 An individual residing in an institution or other setting
47054705 19 that provides the majority of the individual's daily meals is
47064706 20 not eligible for SNAP benefits.
47074707 21 (Source: P.A. 103-588, eff. 6-5-24.)
47084708 22 (305 ILCS 5/16-3)
47094709 23 Sec. 16-3. Determination of eligibility.
47104710 24 (a) The Department shall determine that an applicant for
47114711 25 cash assistance or SNAP benefits provided under this Article
47124712
47134713
47144714
47154715
47164716
47174717 HB2694 - 132 - LRB104 10136 KTG 20208 b
47184718
47194719
47204720 HB2694- 133 -LRB104 10136 KTG 20208 b HB2694 - 133 - LRB104 10136 KTG 20208 b
47214721 HB2694 - 133 - LRB104 10136 KTG 20208 b
47224722 1 is eligible for such benefits if the applicant meets the
47234723 2 income guidelines and is otherwise eligible and either:
47244724 3 (1) the applicant has filed:
47254725 4 (A) an application for T Nonimmigrant status with
47264726 5 the appropriate federal agency pursuant to Section
47274727 6 1101(a)(15)(T) of Title 8 of the United States Code,
47284728 7 or is otherwise taking steps to meet the conditions
47294729 8 for federal benefits eligibility under Section 7105 of
47304730 9 Title 22 of the United States Code;
47314731 10 (B) a formal application with the appropriate
47324732 11 federal agency for status pursuant to Section
47334733 12 1101(a)(15)(U) of Title 8 of the United States Code;
47344734 13 or
47354735 14 (C) a formal application with the appropriate
47364736 15 federal agency for status under Section 1158 of Title
47374737 16 8 of the United States Code; or
47384738 17 (2) the applicant, or a representative of the
47394739 18 applicant if the applicant is not competent, has provided
47404740 19 to the Department:
47414741 20 (A) a sworn statement that he or she is a
47424742 21 foreign-born victim of trafficking, torture, or other
47434743 22 serious crimes; and
47444744 23 (B) at least one item of additional credible
47454745 24 evidence, including, but not limited to, any of the
47464746 25 following:
47474747 26 (i) police, government agency, or court
47484748
47494749
47504750
47514751
47524752
47534753 HB2694 - 133 - LRB104 10136 KTG 20208 b
47544754
47554755
47564756 HB2694- 134 -LRB104 10136 KTG 20208 b HB2694 - 134 - LRB104 10136 KTG 20208 b
47574757 HB2694 - 134 - LRB104 10136 KTG 20208 b
47584758 1 records or files;
47594759 2 (ii) news articles;
47604760 3 (iii) documentation from a social services,
47614761 4 trafficking, domestic violence program or rape
47624762 5 crisis center, or a legal, clinical, medical, or
47634763 6 other professional from whom the applicant or
47644764 7 recipient has sought assistance in dealing with
47654765 8 the crime;
47664766 9 (iv) a statement from any other individual
47674767 10 with knowledge of the circumstances that provided
47684768 11 the basis for the claim;
47694769 12 (v) physical evidence;
47704770 13 (vi) a copy of a completed visa application;
47714771 14 or
47724772 15 (vii) written notice from the federal agency
47734773 16 of receipt of the visa application.
47744774 17 (b) The Department may, in its discretion, provide cash
47754775 18 assistance or SNAP benefits pursuant to this Article to an
47764776 19 applicant who cannot provide additional evidence as set forth
47774777 20 in subparagraph (B) of paragraph (2) of subsection (a) if:
47784778 21 (1) the applicant, or a representative of the
47794779 22 applicant if the applicant is not competent, has provided
47804780 23 a sworn statement that he or she is a foreign-born victim
47814781 24 of trafficking, torture, or other serious crimes; and
47824782 25 (2) the Department determines that the applicant is
47834783 26 credible.
47844784
47854785
47864786
47874787
47884788
47894789 HB2694 - 134 - LRB104 10136 KTG 20208 b
47904790
47914791
47924792 HB2694- 135 -LRB104 10136 KTG 20208 b HB2694 - 135 - LRB104 10136 KTG 20208 b
47934793 HB2694 - 135 - LRB104 10136 KTG 20208 b
47944794 1 (Source: P.A. 99-870, eff. 8-22-16.)
47954795 2 (305 ILCS 5/16-4)
47964796 3 Sec. 16-4. Work requirements and exemptions.
47974797 4 (a) Persons who are foreign-born victims of trafficking,
47984798 5 torture, or other serious crimes and who are receiving cash
47994799 6 assistance or SNAP benefits under this Article shall be
48004800 7 subject to the same work requirements and work requirement
48014801 8 exemptions as other recipients of cash assistance or SNAP
48024802 9 benefits, provided that compliance with these requirements is
48034803 10 authorized by law.
48044804 11 (b) A person who is a foreign-born victim of trafficking,
48054805 12 torture, or other serious crimes shall be exempted from any
48064806 13 work requirements if physical or psychological trauma related
48074807 14 to or arising from the trafficking, torture, or other serious
48084808 15 crimes impedes his or her ability to comply.
48094809 16 (Source: P.A. 99-870, eff. 8-22-16.)
48104810 17 (305 ILCS 5/16-5)
48114811 18 Sec. 16-5. Termination of benefits.
48124812 19 (a) Any cash assistance or SNAP benefits provided under
48134813 20 this Article to a person who is a foreign-born victim of
48144814 21 trafficking, torture, or other serious crimes and his or her
48154815 22 derivative family members shall be terminated if there is a
48164816 23 final denial of that person's visa or asylum application under
48174817 24 Section 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of
48184818
48194819
48204820
48214821
48224822
48234823 HB2694 - 135 - LRB104 10136 KTG 20208 b
48244824
48254825
48264826 HB2694- 136 -LRB104 10136 KTG 20208 b HB2694 - 136 - LRB104 10136 KTG 20208 b
48274827 HB2694 - 136 - LRB104 10136 KTG 20208 b
48284828 1 the United States Code.
48294829 2 (b) A person who is a foreign-born victim of trafficking,
48304830 3 torture, or other serious crimes and his or her derivative
48314831 4 family members shall be ineligible for continued State-funded
48324832 5 cash assistance or SNAP benefits provided under this Article
48334833 6 if that person has not filed a formal application for status
48344834 7 pursuant to Section 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of
48354835 8 Title 8 of the United States Code within one year after the
48364836 9 date of his or her application for cash assistance or SNAP
48374837 10 benefits provided under this Article. The Department of Human
48384838 11 Services may extend the person's and his or her derivative
48394839 12 family members' eligibility for medical assistance, cash
48404840 13 assistance, or SNAP benefits beyond one year if the Department
48414841 14 determines that the person, during the year of initial
48424842 15 eligibility (i) experienced a health crisis, (ii) has been
48434843 16 unable, after reasonable attempts, to obtain necessary
48444844 17 information from a third party, or (iii) has other extenuating
48454845 18 circumstances that prevented the person from completing his or
48464846 19 her application for status.
48474847 20 (Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)
48484848 21 (305 ILCS 5/4-0.5 rep.)
48494849 22 (305 ILCS 5/4-1.2c rep.)
48504850 23 (305 ILCS 5/4-1.7 rep.)
48514851 24 (305 ILCS 5/4-1.8 rep.)
48524852 25 (305 ILCS 5/4-1.9 rep.)
48534853
48544854
48554855
48564856
48574857
48584858 HB2694 - 136 - LRB104 10136 KTG 20208 b
48594859
48604860
48614861 HB2694- 137 -LRB104 10136 KTG 20208 b HB2694 - 137 - LRB104 10136 KTG 20208 b
48624862 HB2694 - 137 - LRB104 10136 KTG 20208 b
48634863 1 (305 ILCS 5/4-7 rep.)
48644864 2 (305 ILCS 5/4-8 rep.)
48654865 3 (305 ILCS 5/4-21 rep.)
48664866 4 (305 ILCS 5/9A-1 rep.)
48674867 5 (305 ILCS 5/9A-5 rep.)
48684868 6 (305 ILCS 5/9A-7 rep.)
48694869 7 (305 ILCS 5/9A-16 rep.)
48704870 8 Section 15. The Illinois Public Aid Code is amended by
48714871 9 repealing Sections 4-0.5, 4-1.2c, 4-1.7, 4-1.8, 4-1.9, 4-7,
48724872 10 4-8, 4-21, 9A-1, 9A-5, 9A-7, and 9A-16.
48734873 11 Section 999. Effective date. This Act takes effect July 1,
48744874 12 2026.
48754875 HB2694- 138 -LRB104 10136 KTG 20208 b 1 INDEX 2 Statutes amended in order of appearance 3 305 ILCS 5/1-7from Ch. 23, par. 1-74 305 ILCS 5/1-115 305 ILCS 5/Art. IV heading6 305 ILCS 5/4-0.5.1 new7 305 ILCS 5/4-0.6.1 new8 305 ILCS 5/4-1from Ch. 23, par. 4-19 305 ILCS 5/4-1.1from Ch. 23, par. 4-1.110 305 ILCS 5/4-1.2from Ch. 23, par. 4-1.211 305 ILCS 5/4-1.2afrom Ch. 23, par. 4-1.2a12 305 ILCS 5/4-1.6from Ch. 23, par. 4-1.613 305 ILCS 5/4-1.6b14 305 ILCS 5/4-1.6c new15 305 ILCS 5/4-1.13 new16 305 ILCS 5/4-2from Ch. 23, par. 4-217 305 ILCS 5/4-2.1 new18 305 ILCS 5/4-2.2 new19 305 ILCS 5/4-2.3 new20 305 ILCS 5/4-4from Ch. 23, par. 4-421 305 ILCS 5/4-9from Ch. 23, par. 4-922 305 ILCS 5/4-12from Ch. 23, par. 4-1223 305 ILCS 5/4-2224 305 ILCS 5/4-2325 305 ILCS 5/4-24 new HB2694- 139 -LRB104 10136 KTG 20208 b 1 305 ILCS 5/4-25 new2 305 ILCS 5/6-1.3from Ch. 23, par. 6-1.33 305 ILCS 5/8A-184 305 ILCS 5/9A-3from Ch. 23, par. 9A-35 305 ILCS 5/9A-4from Ch. 23, par. 9A-46 305 ILCS 5/9A-8from Ch. 23, par. 9A-87 305 ILCS 5/9A-8.18 305 ILCS 5/9A-9from Ch. 23, par. 9A-99 305 ILCS 5/9A-10from Ch. 23, par. 9A-1010 305 ILCS 5/9A-11from Ch. 23, par. 9A-1111 305 ILCS 5/9A-1312 305 ILCS 5/9A-1513 305 ILCS 5/10-1from Ch. 23, par. 10-114 305 ILCS 5/10-2from Ch. 23, par. 10-215 305 ILCS 5/10-3from Ch. 23, par. 10-316 305 ILCS 5/10-4from Ch. 23, par. 10-417 305 ILCS 5/10-7from Ch. 23, par. 10-718 305 ILCS 5/10-8from Ch. 23, par. 10-819 305 ILCS 5/10-10from Ch. 23, par. 10-1020 305 ILCS 5/10-11.1from Ch. 23, par. 10-11.121 305 ILCS 5/10-15from Ch. 23, par. 10-1522 305 ILCS 5/11-6from Ch. 23, par. 11-623 305 ILCS 5/11-17from Ch. 23, par. 11-1724 305 ILCS 5/11-18from Ch. 23, par. 11-1825 305 ILCS 5/11-19from Ch. 23, par. 11-1926 305 ILCS 5/11-20.1from Ch. 23, par. 11-20.1 HB2694- 140 -LRB104 10136 KTG 20208 b HB2694- 138 -LRB104 10136 KTG 20208 b HB2694 - 138 - LRB104 10136 KTG 20208 b 1 INDEX 2 Statutes amended in order of appearance 3 305 ILCS 5/1-7 from Ch. 23, par. 1-7 4 305 ILCS 5/1-11 5 305 ILCS 5/Art. IV heading 6 305 ILCS 5/4-0.5.1 new 7 305 ILCS 5/4-0.6.1 new 8 305 ILCS 5/4-1 from Ch. 23, par. 4-1 9 305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1 10 305 ILCS 5/4-1.2 from Ch. 23, par. 4-1.2 11 305 ILCS 5/4-1.2a from Ch. 23, par. 4-1.2a 12 305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6 13 305 ILCS 5/4-1.6b 14 305 ILCS 5/4-1.6c new 15 305 ILCS 5/4-1.13 new 16 305 ILCS 5/4-2 from Ch. 23, par. 4-2 17 305 ILCS 5/4-2.1 new 18 305 ILCS 5/4-2.2 new 19 305 ILCS 5/4-2.3 new 20 305 ILCS 5/4-4 from Ch. 23, par. 4-4 21 305 ILCS 5/4-9 from Ch. 23, par. 4-9 22 305 ILCS 5/4-12 from Ch. 23, par. 4-12 23 305 ILCS 5/4-22 24 305 ILCS 5/4-23 25 305 ILCS 5/4-24 new HB2694- 139 -LRB104 10136 KTG 20208 b HB2694 - 139 - LRB104 10136 KTG 20208 b 1 305 ILCS 5/4-25 new 2 305 ILCS 5/6-1.3 from Ch. 23, par. 6-1.3 3 305 ILCS 5/8A-18 4 305 ILCS 5/9A-3 from Ch. 23, par. 9A-3 5 305 ILCS 5/9A-4 from Ch. 23, par. 9A-4 6 305 ILCS 5/9A-8 from Ch. 23, par. 9A-8 7 305 ILCS 5/9A-8.1 8 305 ILCS 5/9A-9 from Ch. 23, par. 9A-9 9 305 ILCS 5/9A-10 from Ch. 23, par. 9A-10 10 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 11 305 ILCS 5/9A-13 12 305 ILCS 5/9A-15 13 305 ILCS 5/10-1 from Ch. 23, par. 10-1 14 305 ILCS 5/10-2 from Ch. 23, par. 10-2 15 305 ILCS 5/10-3 from Ch. 23, par. 10-3 16 305 ILCS 5/10-4 from Ch. 23, par. 10-4 17 305 ILCS 5/10-7 from Ch. 23, par. 10-7 18 305 ILCS 5/10-8 from Ch. 23, par. 10-8 19 305 ILCS 5/10-10 from Ch. 23, par. 10-10 20 305 ILCS 5/10-11.1 from Ch. 23, par. 10-11.1 21 305 ILCS 5/10-15 from Ch. 23, par. 10-15 22 305 ILCS 5/11-6 from Ch. 23, par. 11-6 23 305 ILCS 5/11-17 from Ch. 23, par. 11-17 24 305 ILCS 5/11-18 from Ch. 23, par. 11-18 25 305 ILCS 5/11-19 from Ch. 23, par. 11-19 26 305 ILCS 5/11-20.1 from Ch. 23, par. 11-20.1 HB2694- 140 -LRB104 10136 KTG 20208 b HB2694 - 140 - LRB104 10136 KTG 20208 b
48764876 HB2694- 138 -LRB104 10136 KTG 20208 b HB2694 - 138 - LRB104 10136 KTG 20208 b
48774877 HB2694 - 138 - LRB104 10136 KTG 20208 b
48784878 1 INDEX
48794879 2 Statutes amended in order of appearance
48804880 3 305 ILCS 5/1-7 from Ch. 23, par. 1-7
48814881 4 305 ILCS 5/1-11
48824882 5 305 ILCS 5/Art. IV heading
48834883 6 305 ILCS 5/4-0.5.1 new
48844884 7 305 ILCS 5/4-0.6.1 new
48854885 8 305 ILCS 5/4-1 from Ch. 23, par. 4-1
48864886 9 305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1
48874887 10 305 ILCS 5/4-1.2 from Ch. 23, par. 4-1.2
48884888 11 305 ILCS 5/4-1.2a from Ch. 23, par. 4-1.2a
48894889 12 305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6
48904890 13 305 ILCS 5/4-1.6b
48914891 14 305 ILCS 5/4-1.6c new
48924892 15 305 ILCS 5/4-1.13 new
48934893 16 305 ILCS 5/4-2 from Ch. 23, par. 4-2
48944894 17 305 ILCS 5/4-2.1 new
48954895 18 305 ILCS 5/4-2.2 new
48964896 19 305 ILCS 5/4-2.3 new
48974897 20 305 ILCS 5/4-4 from Ch. 23, par. 4-4
48984898 21 305 ILCS 5/4-9 from Ch. 23, par. 4-9
48994899 22 305 ILCS 5/4-12 from Ch. 23, par. 4-12
49004900 23 305 ILCS 5/4-22
49014901 24 305 ILCS 5/4-23
49024902 25 305 ILCS 5/4-24 new
49034903 HB2694- 139 -LRB104 10136 KTG 20208 b HB2694 - 139 - LRB104 10136 KTG 20208 b
49044904 HB2694 - 139 - LRB104 10136 KTG 20208 b
49054905 1 305 ILCS 5/4-25 new
49064906 2 305 ILCS 5/6-1.3 from Ch. 23, par. 6-1.3
49074907 3 305 ILCS 5/8A-18
49084908 4 305 ILCS 5/9A-3 from Ch. 23, par. 9A-3
49094909 5 305 ILCS 5/9A-4 from Ch. 23, par. 9A-4
49104910 6 305 ILCS 5/9A-8 from Ch. 23, par. 9A-8
49114911 7 305 ILCS 5/9A-8.1
49124912 8 305 ILCS 5/9A-9 from Ch. 23, par. 9A-9
49134913 9 305 ILCS 5/9A-10 from Ch. 23, par. 9A-10
49144914 10 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
49154915 11 305 ILCS 5/9A-13
49164916 12 305 ILCS 5/9A-15
49174917 13 305 ILCS 5/10-1 from Ch. 23, par. 10-1
49184918 14 305 ILCS 5/10-2 from Ch. 23, par. 10-2
49194919 15 305 ILCS 5/10-3 from Ch. 23, par. 10-3
49204920 16 305 ILCS 5/10-4 from Ch. 23, par. 10-4
49214921 17 305 ILCS 5/10-7 from Ch. 23, par. 10-7
49224922 18 305 ILCS 5/10-8 from Ch. 23, par. 10-8
49234923 19 305 ILCS 5/10-10 from Ch. 23, par. 10-10
49244924 20 305 ILCS 5/10-11.1 from Ch. 23, par. 10-11.1
49254925 21 305 ILCS 5/10-15 from Ch. 23, par. 10-15
49264926 22 305 ILCS 5/11-6 from Ch. 23, par. 11-6
49274927 23 305 ILCS 5/11-17 from Ch. 23, par. 11-17
49284928 24 305 ILCS 5/11-18 from Ch. 23, par. 11-18
49294929 25 305 ILCS 5/11-19 from Ch. 23, par. 11-19
49304930 26 305 ILCS 5/11-20.1 from Ch. 23, par. 11-20.1
49314931 HB2694- 140 -LRB104 10136 KTG 20208 b HB2694 - 140 - LRB104 10136 KTG 20208 b
49324932 HB2694 - 140 - LRB104 10136 KTG 20208 b
49334933
49344934
49354935
49364936
49374937
49384938 HB2694 - 137 - LRB104 10136 KTG 20208 b
49394939
49404940
49414941
49424942 HB2694- 138 -LRB104 10136 KTG 20208 b HB2694 - 138 - LRB104 10136 KTG 20208 b
49434943 HB2694 - 138 - LRB104 10136 KTG 20208 b
49444944 1 INDEX
49454945 2 Statutes amended in order of appearance
49464946 3 305 ILCS 5/1-7 from Ch. 23, par. 1-7
49474947 4 305 ILCS 5/1-11
49484948 5 305 ILCS 5/Art. IV heading
49494949 6 305 ILCS 5/4-0.5.1 new
49504950 7 305 ILCS 5/4-0.6.1 new
49514951 8 305 ILCS 5/4-1 from Ch. 23, par. 4-1
49524952 9 305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1
49534953 10 305 ILCS 5/4-1.2 from Ch. 23, par. 4-1.2
49544954 11 305 ILCS 5/4-1.2a from Ch. 23, par. 4-1.2a
49554955 12 305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6
49564956 13 305 ILCS 5/4-1.6b
49574957 14 305 ILCS 5/4-1.6c new
49584958 15 305 ILCS 5/4-1.13 new
49594959 16 305 ILCS 5/4-2 from Ch. 23, par. 4-2
49604960 17 305 ILCS 5/4-2.1 new
49614961 18 305 ILCS 5/4-2.2 new
49624962 19 305 ILCS 5/4-2.3 new
49634963 20 305 ILCS 5/4-4 from Ch. 23, par. 4-4
49644964 21 305 ILCS 5/4-9 from Ch. 23, par. 4-9
49654965 22 305 ILCS 5/4-12 from Ch. 23, par. 4-12
49664966 23 305 ILCS 5/4-22
49674967 24 305 ILCS 5/4-23
49684968 25 305 ILCS 5/4-24 new
49694969
49704970
49714971
49724972
49734973
49744974 HB2694 - 138 - LRB104 10136 KTG 20208 b
49754975
49764976
49774977 HB2694- 139 -LRB104 10136 KTG 20208 b HB2694 - 139 - LRB104 10136 KTG 20208 b
49784978 HB2694 - 139 - LRB104 10136 KTG 20208 b
49794979 1 305 ILCS 5/4-25 new
49804980 2 305 ILCS 5/6-1.3 from Ch. 23, par. 6-1.3
49814981 3 305 ILCS 5/8A-18
49824982 4 305 ILCS 5/9A-3 from Ch. 23, par. 9A-3
49834983 5 305 ILCS 5/9A-4 from Ch. 23, par. 9A-4
49844984 6 305 ILCS 5/9A-8 from Ch. 23, par. 9A-8
49854985 7 305 ILCS 5/9A-8.1
49864986 8 305 ILCS 5/9A-9 from Ch. 23, par. 9A-9
49874987 9 305 ILCS 5/9A-10 from Ch. 23, par. 9A-10
49884988 10 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
49894989 11 305 ILCS 5/9A-13
49904990 12 305 ILCS 5/9A-15
49914991 13 305 ILCS 5/10-1 from Ch. 23, par. 10-1
49924992 14 305 ILCS 5/10-2 from Ch. 23, par. 10-2
49934993 15 305 ILCS 5/10-3 from Ch. 23, par. 10-3
49944994 16 305 ILCS 5/10-4 from Ch. 23, par. 10-4
49954995 17 305 ILCS 5/10-7 from Ch. 23, par. 10-7
49964996 18 305 ILCS 5/10-8 from Ch. 23, par. 10-8
49974997 19 305 ILCS 5/10-10 from Ch. 23, par. 10-10
49984998 20 305 ILCS 5/10-11.1 from Ch. 23, par. 10-11.1
49994999 21 305 ILCS 5/10-15 from Ch. 23, par. 10-15
50005000 22 305 ILCS 5/11-6 from Ch. 23, par. 11-6
50015001 23 305 ILCS 5/11-17 from Ch. 23, par. 11-17
50025002 24 305 ILCS 5/11-18 from Ch. 23, par. 11-18
50035003 25 305 ILCS 5/11-19 from Ch. 23, par. 11-19
50045004 26 305 ILCS 5/11-20.1 from Ch. 23, par. 11-20.1
50055005
50065006
50075007
50085008
50095009
50105010 HB2694 - 139 - LRB104 10136 KTG 20208 b
50115011
50125012
50135013 HB2694- 140 -LRB104 10136 KTG 20208 b HB2694 - 140 - LRB104 10136 KTG 20208 b
50145014 HB2694 - 140 - LRB104 10136 KTG 20208 b
50155015
50165016
50175017
50185018
50195019
50205020 HB2694 - 140 - LRB104 10136 KTG 20208 b