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2005 Illinois 305 ILCS 5/      Illinois Public Aid Code. Article IV - Temporary Assistance For Needy Families


      (305 ILCS 5/Art. IV heading)
ARTICLE IV. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

    (305 ILCS 5/4‑0.5)
    Sec. 4‑0.5. Aid to Families with Dependent Children Program inoperative after June 30, 1997. The Aid to Families with Dependent Children (AFDC) Program shall be inoperative after June 30, 1997. Under the federal Temporary Assistance for Needy Children Program the Illinois Department shall develop an alternative program of mutual responsibility between the Illinois Department and the client to allow the family to become self‑sufficient or employed as quickly as possible through (i) the provision of transitional assistance to families in the form of emergency one‑time payments to prevent job loss, temporary assistance while searching for or being trained for work, or paternity establishment and child support enforcement or (ii) the provision for continued work.
(Source: P.A. 89‑6, eff. 3‑6‑95; 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑0.6)
    Sec. 4‑0.6. Reference to AFDC considered a reference to TANF. On and after the effective date of this amendatory Act of 1997, any reference to Aid to Families with Dependent Children or AFDC shall be considered to be a reference to Temporary Assistance for Needy Families or TANF.
(Source: P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑1) (from Ch. 23, par. 4‑1)
    Sec. 4‑1. Eligibility requirements. Financial aid in meeting basic maintenance requirements for a livelihood compatible with health and well‑being shall be given under this Article to or in behalf of families with dependent children who meet the eligibility conditions of Sections 4‑1.1 through 4‑1.11. Persons who meet the eligibility criteria authorized under this Article shall be treated equally, provided that nothing in this Article shall be construed to create an entitlement to a particular grant or service level or to aid in amounts not authorized under this Code, nor construed to limit the authority of the General Assembly to change the eligibility requirements or provisions respecting assistance amounts.
    The Illinois Department shall advise every applicant for and recipient of aid under this Article of (i) the requirement that all recipients move toward self‑sufficiency and (ii) the value and benefits of employment. As a condition of eligibility for that aid, every person who applies for aid under this Article on or after the effective date of this amendatory Act of 1995 shall prepare and submit, as part of the application or subsequent redetermination, a personal plan for achieving employment and self‑sufficiency. The plan shall incorporate the individualized assessment and employability plan set out in subsections (d), (f), and (g) of Section 9A‑8. The plan may be amended as the recipient's needs change. The assessment process to develop the plan shall include questions that screen for domestic violence issues and steps needed to address these issues may be part of the plan. If the individual indicates that he or she is a victim of domestic violence, he or she may also be referred to an available domestic violence program. Failure of the client to follow through on the personal plan for employment and self‑sufficiency may be a basis for sanction under Section 4‑21.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑1.1) (from Ch. 23, par. 4‑1.1)
    Sec. 4‑1.1. Child age eligibility.
    (a) Every assistance unit must include a child, except as provided in subsections (b) and (c). The child or children must have already been born and be under age 18, or, if age 18, must be a full‑time student in a secondary school or the equivalent level of vocational or technical training.
    (b) Grants shall be provided for assistance units consisting exclusively of a pregnant woman with no dependent child, and may include her husband if living with her, if the pregnancy has been determined by medical diagnosis.
    (c) Grants may be provided for assistance units consisting of only adults if all the children living with those adults are disabled and receive Supplemental Security Income.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑1.2) (from Ch. 23, par. 4‑1.2)
    Sec. 4‑1.2. Living Arrangements ‑ Parents ‑ Relatives ‑ Foster Care.
    (a) The child or children must (1) be living with his or their father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or aunt, or other relative approved by the Illinois Department, in a place of residence maintained by one or more of such relatives as his or their own home, or (2) have been (a) removed from the home of the parents or other relatives by judicial order under the Juvenile Court Act or the Juvenile Court Act of 1987, as amended, (b) placed under the guardianship of the Department of Children and Family Services, and (c) under such guardianship, placed in a foster family home, group home or child care institution licensed pursuant to the "Child Care Act of 1969", approved May 15, 1969, as amended, or approved by that Department as meeting standards established for licensing under that Act, or (3) have been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child so placed in foster care who was not receiving aid under this Article in or for the month in which the court proceedings leading to that placement were initiated may qualify only if he lived in the home of his parents or other relatives at the time the proceedings were initiated, or within 6 months prior to the month of initiation, and would have received aid in and for that month if application had been made therefor.
    (b) The Illinois Department may, by rule, establish those persons who are living together who must be included in the same assistance unit in order to receive cash assistance under this Article and the income and assets of those persons in an assistance unit which must be considered in determining eligibility.
    (c) The conditions of qualification herein specified shall not prejudice aid granted under this Code for foster care prior to the effective date of this 1969 Amendatory Act.
(Source: P.A. 92‑408, eff. 8‑17‑01; 92‑432, eff. 8‑17‑01.)

    (305 ILCS 5/4‑1.2a) (from Ch. 23, par. 4‑1.2a)
    Sec. 4‑1.2a. Residents of public institutions. Residents of municipal, county, state or national institutions for persons with mental illness or persons with a developmental disability or for the tuberculous, or residents of a home or other institution maintained by such governmental bodies when not in need of institutional care because of sickness, convalescence, infirmity, or chronic illness, and inmates of penal or correctional institutions maintained by such governmental bodies, may qualify for aid under this Article only after they have ceased to be residents or inmates.
    A person shall not be deemed a resident of a State institution for persons with mental illness or persons with a developmental disability within the meaning of this Section if he or she has been conditionally discharged by the Department of Mental Health and Developmental Disabilities or the Department of Human Services (acting as successor to the Department of Mental Health and Developmental Disabilities) and is no longer residing in the institution.
    Recipients of benefits under this Article who become residents of such institutions shall be permitted a period of up to 30 days in such institutions without suspension or termination of eligibility. Benefits for which such person is eligible shall be restored, effective on the date of discharge or release, for persons who are residents of institutions. Within a reasonable time after the discharge of a person who was a resident of an institution, the Department shall redetermine the eligibility of such person.
    The Department shall provide for procedures to expedite the determination of incapacity or ability to engage in employment of persons scheduled to be discharged from facilities operated by the Department.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑1.2b) (from Ch. 23, par. 4‑1.2b)
    Sec. 4‑1.2b. (Repealed).
(Source: P.A. 87‑1056. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑1.2c)
    Sec. 4‑1.2c. Residence of child who is pregnant or a parent.
    (a) Notwithstanding any other provision of this Code, no aid shall be paid under this Article on behalf of a person under age 18 who has never married and who has a child or is pregnant, unless that person resides with a parent, legal guardian, or other adult relative or in a foster home, maternity home, or other adult‑supervised living arrangement.
    (b) The Illinois Department may make an exception to the requirement of subsection (a) in any of the following circumstances:
        (1) The person has no living parent or legal
    
guardian, or the parent's or legal guardian's whereabouts are unknown.
        (2) The Illinois Department determines that the
    
physical health or safety of the person or the person's child would be jeopardized.
        (3) The person has lived apart from the parent or
    
legal guardian for a period of at least one year before the child's birth or before applying for aid under this Article.
    (c) (Blank).
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑1.3) (from Ch. 23, par. 4‑1.3)
    Sec. 4‑1.3. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑1.4) (from Ch. 23, par. 4‑1.4)
    Sec. 4‑1.4. (Repealed.)
(Source: Laws 1967, p. 122. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑1.5a) (from Ch. 23, par. 4‑1.5a)
    Sec. 4‑1.5a. Multiple convictions for violations of this Code. To the extent permitted under federal law, any person found guilty of a second violation of Article VIIIA or under any law of the United States or of any State which is substantially similar to Sections 8A‑2 through 8A‑5 shall be ineligible for financial aid under this Article, as provided in Section 8A‑8.
(Source: P.A. 85‑286.)

    (305 ILCS 5/4‑1.6) (from Ch. 23, par. 4‑1.6)
    Sec. 4‑1.6. Need. Income available to the family as defined by the Illinois Department by rule, or to the child in the case of a child removed from his or her home, when added to contributions in money, substance or services from other sources, including income available from parents absent from the home or from a stepparent, contributions made for the benefit of the parent or other persons necessary to provide care and supervision to the child, and contributions from legally responsible relatives, must be insufficient to equal the grant amount established by Department regulation for such a person.
    In considering income to be taken into account, consideration shall be given to any expenses reasonably attributable to the earning of such income. The Illinois Department may also permit all or any portion of earned or other income to be set aside for the future identifiable needs of a child. The Illinois Department may provide by rule and regulation for the exemptions thus permitted or required. The eligibility of any applicant for or recipient of public aid under this Article is not affected by the payment of any grant under the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act" or any distributions or items of income described under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax Act.
    The Illinois Department may, by rule, set forth criteria under which an assistance unit is ineligible for cash assistance under this Article for a specified number of months due to the receipt of a lump sum payment.
(Source: P.A. 91‑676, eff. 12‑23‑99; 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑1.6a)
    Sec. 4‑1.6a. (Repealed).
(Source: P.A. 88‑205. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑1.7) (from Ch. 23, par. 4‑1.7)
    Sec. 4‑1.7. Enforcement of Parental Child Support Obligation. If the parent or parents of the child are failing to meet or are delinquent in their legal obligation to support the child, the parent or other person having custody of the child or the Illinois Department of Public Aid may request the law enforcement officer authorized or directed by law to so act to file action for the enforcement of such remedies as the law provides for the fulfillment of the child support obligation.
    If a parent has a judicial remedy against the other parent to compel child support, or if, as the result of an action initiated by or in behalf of one parent against the other, a child support order has been entered in respect to which there is noncompliance or delinquency, or where the order so entered may be changed upon petition to the court to provide additional support, the parent or other person having custody of the child or the Illinois Department of Public Aid may request the appropriate law enforcement officer to seek enforcement of the remedy, or of the support order, or a change therein to provide additional support. If the law enforcement officer is not authorized by law to so act in these instances, the parent, or if so authorized by law the other person having custody of the child, or the Illinois Department of Public Aid may initiate an action to enforce these remedies.
    A parent or other person having custody of the child must comply with the requirements of Title IV of the federal Social Security Act, and the regulations duly promulgated thereunder, and any rules promulgated by the Illinois Department regarding enforcement of the child support obligation. The Illinois Department of Public Aid and the Department of Human Services may provide by rule for the grant or continuation of aid to the person for a temporary period if he or she accepts counseling or other services designed to increase his or her motivation to seek enforcement of the child support obligation.
    In addition to any other definition of failure or refusal to comply with the requirements of Title IV of the federal Social Security Act, or Illinois Department rule, in the case of failure to attend court hearings, the parent or other person can show cooperation by attending a court hearing or, if a court hearing cannot be scheduled within 14 days following the court hearing that was missed, by signing a statement that the parent or other person is now willing to cooperate in the child support enforcement process and will appear at any later scheduled court date. The parent or other person can show cooperation by signing such a statement only once. If failure to attend the court hearing or other failure to cooperate results in the case being dismissed, such a statement may be signed after 2 months.
    No denial or termination of medical assistance pursuant to this Section shall commence during pregnancy of the parent or other person having custody of the child or for 30 days after the termination of such pregnancy. The termination of medical assistance may commence thereafter if the Illinois Department of Public Aid determines that the failure or refusal to comply with this Section persists. Postponement of denial or termination of medical assistance during pregnancy under this paragraph shall be effective only to the extent it does not conflict with federal law or regulation.
    Any evidence a parent or other person having custody of the child gives in order to comply with the requirements of this Section shall not render him or her liable to prosecution under Sections 11‑7 or 11‑8 of the "Criminal Code of 1961", approved July 28, 1961, as amended.
    When so requested, the Illinois Department of Public Aid and the Department of Human Services shall provide such services and assistance as the law enforcement officer may require in connection with the filing of any action hereunder.
    The Illinois Department of Public Aid and the Department of Human Services, as an expense of administration, may also provide applicants for and recipients of aid with such services and assistance, including assumption of the reasonable costs of prosecuting any action or proceeding, as may be necessary to enable them to enforce the child support liability required hereunder.
    Nothing in this Section shall be construed as a requirement that an applicant or recipient file an action for dissolution of marriage against his or her spouse.
(Source: P.A. 92‑651, eff. 7‑11‑02.)

    (305 ILCS 5/4‑1.8) (from Ch. 23, par. 4‑1.8)
    Sec. 4‑1.8. Registration for and Acceptance of Employment. Individuals who are unemployed, or employed for less than the full working time for the occupation in which they are engaged, and dependent members of the family age 16 or over who are not in regular attendance in school as defined in Section 4‑1.1, must comply with and are subject to all the requirements of Article IXA.
(Source: P.A. 86‑1184; 86‑1381.)

    (305 ILCS 5/4‑1.9) (from Ch. 23, par. 4‑1.9)
    Sec. 4‑1.9. Participation in Educational and Vocational Training Programs.
    (a) A parent or parents and a child age 16 or over not in regular attendance in school, as defined in Section 4‑1.1 as that Section existed on August 26, 1969 (the effective date of Public Act 76‑1047), for whom education and training is suitable, must participate in the educational and vocational training programs provided pursuant to Article IXA.
    (b) A parent who is less than 20 years of age and who has not received a high school diploma or high school equivalency certificate is required to be enrolled in school or in an educational program that is expected to result in the receipt of a high school diploma or high school equivalency certificate, except 18 and 19 year old parents may be assigned to work activities or training if it is determined based on an individualized assessment that secondary school is inappropriate.
(Source: P.A. 89‑6, eff. 3‑6‑95; 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑1.10) (from Ch. 23, par. 4‑1.10)
    Sec. 4‑1.10. Acceptance of Assignment to Job Search, Training and Work Programs. An individual for whom the job search, training and work programs established under Article IXA are applicable must accept assignment to such programs. The Illinois Department and the local governmental unit shall determine, pursuant to rules and regulations, sanctions for persons failing to comply with the requirements under this Section. However, no participant shall be sanctioned for failure to satisfy job search requirements before a full assessment of the participant's job readiness and employability, except that for those persons subject to the job search program operated under this Section an assessment as defined by rule at the time of intake will meet the assessment requirement. No participant shall be sanctioned for failure to satisfy the minimum number of employer contacts if the participant made a good faith effort.
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑1.11) (from Ch. 23, par. 4‑1.11)
    Sec. 4‑1.11. (Repealed).
(Source: P.A. 88‑554, eff. 7‑26‑94. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑1.12)
    Sec. 4‑1.12. Five year limitation.
    No assistance unit shall be eligible for a cash grant under this Article if it includes an adult who has received cash assistance as an adult for 60 months, whether or not consecutive, after the effective date of this amendatory Act of 1997. The Illinois Department may exempt individual assistance units from the 60‑month limitation or determine circumstances under which a month or months would not count towards the 60‑month limitation even though the assistance unit did receive cash assistance under this Article.
(Source: P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑2) (from Ch. 23, par. 4‑2)
    Sec. 4‑2. Amount of aid.
    (a) The amount and nature of financial aid shall be determined in accordance with the grant amounts, rules and regulations of the Illinois Department. Due regard shall be given to the self‑sufficiency requirements of the family and to the income, money contributions and other support and resources available, from whatever source. However, the amount and nature of any financial aid is not affected by the payment of any grant under the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act" or any distributions or items of income described under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax Act. The aid shall be sufficient, when added to all other income, money contributions and support to provide the family with a grant in the amount established by Department regulation.
    (b) The Illinois Department may conduct special projects, which may be known as Grant Diversion Projects, under which recipients of financial aid under this Article are placed in jobs and their grants are diverted to the employer who in turn makes payments to the recipients in the form of salary or other employment benefits. The Illinois Department shall by rule specify the terms and conditions of such Grant Diversion Projects. Such projects shall take into consideration and be coordinated with the programs administered under the Illinois Emergency Employment Development Act.
    (c) The amount and nature of the financial aid for a child requiring care outside his own home shall be determined in accordance with the rules and regulations of the Illinois Department, with due regard to the needs and requirements of the child in the foster home or institution in which he has been placed.
    (d) If the Department establishes grants for family units consisting exclusively of a pregnant woman with no dependent child or including her husband if living with her, the grant amount for such a unit shall be equal to the grant amount for an assistance unit consisting of one adult, or 2 persons if the husband is included. Other than as herein described, an unborn child shall not be counted in determining the size of an assistance unit or for calculating grants.
    Payments for basic maintenance requirements of a child or children and the relative with whom the child or children are living shall be prescribed, by rule, by the Illinois Department.
    Grants under this Article shall not be supplemented by General Assistance provided under Article VI.
    (e) Grants shall be paid to the parent or other person with whom the child or children are living, except for such amount as is paid in behalf of the child or his parent or other relative to other persons or agencies pursuant to this Code or the rules and regulations of the Illinois Department.
    (f) Subject to subsection (f‑5), an assistance unit, receiving financial aid under this Article or temporarily ineligible to receive aid under this Article under a penalty imposed by the Illinois Department for failure to comply with the eligibility requirements or that voluntarily requests termination of financial assistance under this Article and becomes subsequently eligible for assistance within 9 months, shall not receive any increase in the amount of aid solely on account of the birth of a child; except that an increase is not prohibited when the birth is (i) of a child of a pregnant woman who became eligible for aid under this Article during the pregnancy, or (ii) of a child born within 10 months after the date of implementation of this subsection, or (iii) of a child conceived after a family became ineligible for assistance due to income or marriage and at least 3 months of ineligibility expired before any reapplication for assistance. This subsection does not, however, prevent a unit from receiving a general increase in the amount of aid that is provided to all recipients of aid under this Article.
    The Illinois Department is authorized to transfer funds, and shall use any budgetary savings attributable to not increasing the grants due to the births of additional children, to supplement existing funding for employment and training services for recipients of aid under this Article IV. The Illinois Department shall target, to the extent the supplemental funding allows, employment and training services to the families who do not receive a grant increase after the birth of a child. In addition, the Illinois Department shall provide, to the extent the supplemental funding allows, such families with up to 24 months of transitional child care pursuant to Illinois Department rules. All remaining supplemental funds shall be used for employment and training services or transitional child care support.
    In making the transfers authorized by this subsection, the Illinois Department shall first determine, pursuant to regulations adopted by the Illinois Department for this purpose, the amount of savings attributable to not increasing the grants due to the births of additional children. Transfers may be made from General Revenue Fund appropriations for distributive purposes authorized by Article IV of this Code only to General Revenue Fund appropriations for employability development services including operating and administrative costs and related distributive purposes under Article IXA of this Code. The Director, with the approval of the Governor, shall certify the amount and affected line item appropriations to the State Comptroller.
    Nothing in this subsection shall be construed to prohibit the Illinois Department from using funds under this Article IV to provide assistance in the form of vouchers that may be used to pay for goods and services deemed by the Illinois Department, by rule, as suitable for the care of the child such as diapers, clothing, school supplies, and cribs.
    (f‑5) Subsection (f) shall not apply to affect the monthly assistance amount of any family as a result of the birth of a child on or after January 1, 2004. As resources permit after January 1, 2004, the Department may cease applying subsection (f) to limit assistance to families receiving assistance under this Article on January 1, 2004, with respect to children born prior to that date. In any event, subsection (f) shall be completely inoperative on and after July 1, 2007.
    (g) (Blank).
    (h) Notwithstanding any other provision of this Code, the Illinois Department is authorized to reduce payment levels used to determine cash grants under this Article after December 31 of any fiscal year if the Illinois Department determines that the caseload upon which the appropriations for the current fiscal year are based have increased by more than 5% and the appropriation is not sufficient to ensure that cash benefits under this Article do not exceed the amounts appropriated for those cash benefits. Reductions in payment levels may be accomplished by emergency rule under Section 5‑45 of the Illinois Administrative Procedure Act, except that the limitation on the number of emergency rules that may be adopted in a 24‑month period shall not apply and the provisions of Sections 5‑115 and 5‑125 of the Illinois Administrative Procedure Act shall not apply. Increases in payment levels shall be accomplished only in accordance with Section 5‑40 of the Illinois Administrative Procedure Act. Before any rule to increase payment levels promulgated under this Section shall become effective, a joint resolution approving the rule must be adopted by a roll call vote by a majority of the members elected to each chamber of the General Assembly.
(Source: P.A. 92‑111, eff. 1‑1‑02; 93‑598, eff. 8‑26‑03.)

    (305 ILCS 5/4‑3) (from Ch. 23, par. 4‑3)
    Sec. 4‑3. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑3a) (from Ch. 23, par. 4‑3a)
    Sec. 4‑3a. No otherwise qualified handicapped child receiving special education and related services under Article 14 of The School Code shall solely by reason of his or her handicap be excluded from the participation in or be denied the benefits of or be subjected to discrimination under any program or activity provided by the Department.
(Source: P.A. 80‑1403.)

    (305 ILCS 5/4‑4) (from Ch. 23, par. 4‑4)
    Sec. 4‑4. Entitlement to medical assistance.
    Children and adults qualified for aid shall be entitled to receive, under Article V, all necessary medical assistance.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/4‑4.1)
    Sec. 4‑4.1. Immunizations.
    (a) The Illinois Department of Public Aid shall develop and implement and that Department and the Department of Human Services shall jointly continue by rule a program to ensure that children under 5 years of age living in assistance units that receive benefits under this Code are immunized. The Illinois Department of Public Aid shall report to the Governor and the General Assembly on the progress of the program on April 1, 1994 and 1995.
    (b) Nothing in this Section shall be construed to require immunization of any child in contravention of the stated objections of a parent, guardian, or relative with custody of a child that the administration of immunizing agents conflicts with his or her religious tenets and practices.
(Source: P.A. 88‑342; 89‑507, eff. 7‑1‑97.)

    (305 ILCS 5/4‑5) (from Ch. 23, par. 4‑5)
    Sec. 4‑5. (Repealed).
(Source: Laws 1967, p. 122. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑6) (from Ch. 23, par. 4‑6)
    Sec. 4‑6. (Repealed).
(Source: P.A. 85‑195. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑7) (from Ch. 23, par. 4‑7)
    Sec. 4‑7. Home Visits, Interviews or Communications. Each family receiving aid shall be interviewed in person or communicated with in investigations of applications for aid and at least once in each subsequent 12 month period to ascertain continuing need for such aid and to provide the child and his parents or relatives with such service and guidance as will strengthen family life and aid them in utilizing to the maximum their capacities for self‑care, self‑support, and responsible citizenship. However, the Department shall determine those assistance units where the possibility for public assistance fraud or abuse is greatest, or where there is the possibility of frequent changes in need or circumstances, or where any child in the home may be an abused or neglected child as determined by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, as now or hereafter amended, and shall by rule provide for more frequent interviews of or communications with those assistance units and for the implementation of necessary remedies under Sections 4‑8 and 4‑9 for those assistance units. Written reports of such interviews or communications and any related remedies shall become a part of the record in every case.
(Source: P.A. 85‑1209.)

    (305 ILCS 5/4‑8) (from Ch. 23, par. 4‑8)
    Sec. 4‑8. Mismanagement of assistance grant.
    (a) If the County Department has reason to believe that the money payment for basic maintenance is not being used, or may not be used, in the best interests of the child and the family and that there is present or potential damage to the standards of health and well‑being that the grant is intended to assure, the County Department shall provide the parent or other relative with the counseling and guidance services with respect to the use of the grant and the management of other funds available to the family as may be required to assure use of the grant in the best interests of the child and family. The Illinois Department shall by rule prescribe criteria which shall constitute evidence of grant mismanagement. The criteria shall include but not be limited to the following:
        (1) A determination that a child in the assistance
    
unit is not receiving proper and necessary support or other care for which assistance is being provided under this Code.
        (2) A record establishing that the parent or
    
relative has been found guilty of public assistance fraud under Article VIIIA.
        (3) A determination by an appropriate person,
    
entity, or agency that the parent or other relative requires treatment for alcohol or substance abuse, mental health services, or other special care or treatment.
    The Department shall at least consider non‑payment of rent for two consecutive months as evidence of grant mismanagement by a parent or relative of a recipient who is responsible for making rental payments for the housing or shelter of the child or family, unless the Department determines that the non‑payment is necessary for the protection of the health and well‑being of the recipient. The County Department shall advise the parent or other relative grantee that continued mismanagement will result in the application of one of the sanctions specified in this Section.
    The Illinois Department shall consider irregular school attendance by children of school age grades 1 through 8, as evidence of lack of proper and necessary support or care. The Department may extend this consideration to children in grades higher than 8.
    The Illinois Department shall develop preventive programs in collaboration with school and social service networks to encourage school attendance of children receiving assistance under Article IV. To the extent that Illinois Department and community resources are available, the programs shall serve families whose children in grades 1 through 8 are not attending school regularly, as defined by the school. The Department may extend these programs to families whose children are in grades higher than 8. The programs shall include referrals from the school to a social service network, assessment and development of a service plan by one or more network representatives, and the Illinois Department's encouragement of the family to follow through with the service plan. Families that fail to follow the service plan as determined by the service provider, shall be subject to the protective payment provisions of this Section and Section 4‑9 of this Code.
    Families for whom a protective payment plan has been in effect for at least 3 months and whose school children continue to regularly miss school shall be subject to sanction under Section 4‑21. The sanction shall continue until the children demonstrate satisfactory attendance, as defined by the school. To the extent necessary to implement this Section, the Illinois Department shall seek appropriate waivers of federal requirements from the U.S. Department of Health and Human Services.
    (b) In areas of the State where clinically appropriate substance abuse treatment capacity is available, if the local office has reason to believe that a caretaker relative is experiencing substance abuse, the local office shall refer the caretaker relative to a licensed treatment provider for assessment. If the assessment indicates that the caretaker relative is experiencing substance abuse, the local office shall require the caretaker relative to comply with all treatment recommended by the assessment. If the caretaker relative refuses without good cause, as determined by rules of the Illinois Department, to submit to the assessment or treatment, the caretaker relative shall be ineligible for assistance, and the local office shall take one or more of the following actions:
        (i) If there is another family member or friend who
    
is ensuring that the family's needs are being met, that person, if willing, shall be assigned as protective payee.
        (ii) If there is no family member or close friend to
    
serve as protective payee, the local office shall provide for a protective payment to a substitute payee as provided in Section 4‑9. The Department also shall determine whether a referral to the Department of Children and Family Services is warranted and, if appropriate, shall make the referral.
        (iii) The Department shall contact the individual
    
who is thought to be experiencing substance abuse and explain why the protective payee has been assigned and refer the individual to treatment.
    (c) This subsection (c) applies to cases other than those described in subsection (b). If the efforts to correct the mismanagement of the grant have failed, the County Department, in accordance with the rules and regulations of the Illinois Department, shall initiate one or more of the following actions:
        1. Provide for a protective payment to a substitute
    
payee, as provided in Section 4‑9. This action may be initiated for any assistance unit containing a child determined to be neglected by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and in any case involving a record of public assistance fraud.
        2. Provide for issuance of all or part of the grant
    
in the form of disbursing orders. This action may be initiated in any case involving a record of public assistance fraud, or upon the request of a substitute payee designated under Section 4‑9.
        3. File a petition under the Juvenile Court Act of
    
1987 for an Order of Protection under Section 2‑25, 2‑26, 3‑26, 3‑27, 4‑23, 4‑24, 5‑730, or 5‑735 of that Act.
        4. Institute a proceeding under the Juvenile Court
    
Act of 1987 for the appointment of a guardian or legal representative for the purpose of receiving and managing the public aid grant.
        5. If the mismanagement of the grant, together with
    
other factors, has rendered the home unsuitable for the best welfare of the child, file a neglect petition under the Juvenile Court Act of 1987, requesting the removal of the child or children.
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑9) (from Ch. 23, par. 4‑9)
    Sec. 4‑9. Protective payment to substitute payee. If the parent or other grantee relative persistently mismanages the grant to the detriment of the child and the family but there is reason to believe that, with specialized counseling and guidance services, the parent or relative may develop ability to manage the funds properly, the County Department, in accordance with the rules and regulations of the Illinois Department, may designate a person who is interested in or concerned with the welfare of the child and its family to receive the aid payment on behalf of the family. The County Department may designate private welfare or social service agencies to serve as substitute payees in appropriate cases.
    The substitute payee shall serve without compensation and assume the obligation of seeing that the aid payment is expended for the benefit of the child and the family. He may spend the grant for the family, or supervise the parent or other relative in the use of the grant, depending upon the circumstances in each case, and shall make monthly reports to the County Department as the County Department and the Illinois Department may require.
    The County Department shall terminate the protective payment when it is no longer necessary to assure that the grant is being used for the welfare of the child and family, or when the parent or other relative is no longer receiving and no longer requires treatment for alcohol or substance abuse, mental health services, or other special care or treatment.
    A substitute payee may be removed, in accordance with the rules and regulations of the Illinois Department, for unsatisfactory service. The removal may be effected without hearing. The decision shall not be appealable to the Illinois Department nor shall it be reviewable in the courts.
    The County Department shall conduct periodic reviews as may be required by the Illinois Department to determine whether there is a continuing need for a protective payment. If it appears that the need for the payment is likely to continue beyond a reasonable period, the County Department shall take one of the other actions set out in Section 4‑8.
    The parent or other relative shall be advised, in advance of a determination to make a protective payment, that he may appeal the decision to the Illinois Department under the provisions of Section 11‑8 of Article XI.
(Source: P.A. 87‑528; 87‑895.)

    (305 ILCS 5/4‑10) (from Ch. 23, par. 4‑10)
    Sec. 4‑10. Funeral and burial. If the estate of a deceased recipient is insufficient to pay for funeral and burial expenses, and if no other resources, including assistance from legally responsible relatives, are available for such purposes, there shall be paid, in accordance with the standards, rules and regulations of the Illinois Department, such reasonable amounts as may be necessary to meet costs of the funeral, burial space, and cemetery charges or to reimburse any person not financially responsible for the deceased who has voluntarily made expenditures for such costs.
(Source: P.A. 90‑372, eff. 7‑1‑98.)

    (305 ILCS 5/4‑11) (from Ch. 23, par. 4‑11)
    Sec. 4‑11. Charge of child.
    Public officials, agents, or representatives, in carrying out any of the provisions of this Article, shall not take charge of any child over the objection of either of the child's parents, or of the persons standing in loco parentis to the child, except pursuant to court order.
(Source: Laws 1967, p. 122.)

    (305 ILCS 5/4‑12) (from Ch. 23, par. 4‑12)
    Sec. 4‑12. Crisis assistance. Where a family has been (1) rendered homeless or threatened with homelessness by fire, flood, other natural disaster, eviction or court order to vacate the premises for reasons other than nonpayment of rent, or where a spouse and child have become homeless because they have left the residence occupied by a spouse who was physically abusing the now homeless spouse or child; (2) deprived of essential items of furniture or essential clothing by fire or flood or other natural disaster; (3) deprived of food as a result of actions other than loss or theft of cash and where the deprivation cannot be promptly alleviated through the federal food stamp program; (4) as a result of a documented theft or documented loss of cash, deprived of food or essential clothing or deprived of shelter or immediately threatened with deprivation of shelter as evidenced by a court order requiring immediate eviction due to nonpayment of rent; or (5) rendered the victim of such other hardships as the Illinois Department shall by rule define, the Illinois Department may provide assistance to alleviate such needs. The Illinois Department shall verify need and determine eligibility for crisis assistance for families already receiving grants from the Illinois Department within 5 working days following application for such assistance and shall determine eligibility for all other families and afford such assistance for families found eligible within such time limits as the Illinois Department shall by rule provide. The Illinois Department may, by rule, limit crisis assistance to an eligible family to once in any 12 consecutive months. This limitation may be made for some or all items of crisis assistance.
    The Illinois Department by regulation shall specify the criteria for determining eligibility and the amount and nature of assistance to be provided. Where deprivation of shelter exists or is threatened, the Illinois Department may provide reasonable moving expenses, short term rental costs, including one month's rent and a security deposit where such expenses are needed for relocation, and, where the Department determines appropriate, provide assistance to prevent an imminent eviction or foreclosure. These amounts may be described in established amounts or maximums. The Illinois Department may also describe, for each form of assistance authorized, the method by which the assistance shall be delivered, including but not limited to warrants or disbursing orders.
    Annual expenditures under this Section shall not exceed $2,000,000. The Illinois Department shall review such expenditures quarterly and shall, if necessary, reduce the amounts or nature of assistance authorized in order to assure that the limit is not exceeded.
(Source: P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑13) (from Ch. 23, par. 4‑13)
    Sec. 4‑13. (Repealed).
(Source: P.A. 83‑1273. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑14) (from Ch. 23, par. 4‑14)
    Sec. 4‑14. (Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)

    (305 ILCS 5/4‑15) (from Ch. 23, par. 4‑15)
    Sec. 4‑15. (Repealed).
(Source: Repealed by P.A. 89‑131, eff. 7‑14‑95.)

    (305 ILCS 5/4‑16) (from Ch. 23, par. 4‑16)
    Sec. 4‑16. (Repealed).
(Source: P.A. 88‑412. Repealed by P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑17)
    Sec. 4‑17. Targeted jobs TANF project.
    (a) The Illinois Department shall operate a targeted jobs TANF project under which individuals whose youngest child is 13 years of age or older shall be required to seek and accept employment. Cash assistance for these individuals shall be limited to 24 months unless the individual is working, as defined by rule, or is participating in a pay‑after‑performance program. The addition to the household of a child under 13 years of age or the birth of a child more than 10 months after enrollment into the targeted jobs TANF project shall not extend the period of eligibility.
    (b) (Blank).
    (c) (Blank).
(Source: P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑18)
    Sec. 4‑18. (Repealed).
(Source: P.A. 89‑626, eff. 8‑9‑96. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑19)
    Sec. 4‑19. (Repealed).
(Source: P.A. 90‑538, eff. 12‑1‑97. Repealed by P.A. 92‑111, eff. 1‑1‑02.)

    (305 ILCS 5/4‑21)
    Sec. 4‑21. Sanctions.
    (a) The Illinois Department shall, by rule, establish a system of sanctions for persons who fail to cooperate, without good cause, with employment and training programs or other programs under this Article or Article IXA or who fail to cooperate with child support programs under this Article, Article X, or Title IV of the federal Social Security Act. The sanctions may discontinue all or part of the cash grant provided under this Article. The sanctions may be time limited or continue until the person cooperates in the program. The sanctions may be progressive in that a second, third, or further sanction may be progressively more severe or last longer.
    (b) The Illinois Department shall, by rule, define what constitutes failure to cooperate and what constitutes good cause which would excuse that failure.
(Source: P.A. 90‑17, eff. 7‑1‑97.)

    (305 ILCS 5/4‑22)
    Sec. 4‑22. Domestic violence.
    (a) The assessment process to develop the personal plan for achieving self‑sufficiency shall include questions that screen for domestic violence issues. If the individual indicates that he or she is the victim of domestic violence and indicates a need to address domestic violence issues in order to reach self‑sufficiency, the plan shall take this factor into account in determining the work, education, and training activities suitable to the client for achieving self‑sufficiency. In addition, in such a case, specific steps needed to directly address the domestic violence issues may also be made part of the plan, including referral to an available domestic violence program.
    (b) The Illinois Department shall develop and monitor compliance procedures for its employees, contractors, and subcontractors to ensure that any information pertaining to any client who claims to be a past or present victim of domestic violence or an individual at risk of further domestic violence, whether provided by the victim or by a third party, will remain confidential.
    (c) The Illinois Department shall develop and implement a domestic violence training curriculum for Illinois Department employees who serve applicants for and recipients of aid under this Article. The curriculum shall be designed to better equip those employees to identify and serve domestic violence victims. The Illinois Department may enter into a contract for the development of the curriculum with one or more organizations providing services to domestic violence victims. The Illinois Department shall adopt rules necessary to implement this subsection.
(Source: P.A. 90‑17, eff. 7‑1‑97; 91‑759, eff. 1‑1‑01.)

    (305 ILCS 5/4‑23)
    Sec. 4‑23. Civil rights impact statement. The Department of Human Services must submit to the Governor and the General Assembly on January 1 of each even‑numbered year a written report that details the disparate impact of various provisions of the TANF program on people of different racial or ethnic groups who identify themselves in an application for benefits as (i) White, not of Hispanic origin, (ii) Black, not of Hispanic origin, (iii) Asian or Pacific Islander, (iv) Hispanic (includes Mexican, Puerto Rican, Cuban, Dominican, or other South or Central American culture, regardless of race), (v) other, or (vi) racial or ethnic group not available. The report must at least compare the number of persons in each group:
        (1) who are receiving TANF assistance;
        (2) whose 60‑month lifetime limit on receiving
    
assistance has expired;
        (3) who have left TANF due to earned income;
        (4) who have left TANF due to non‑compliance with
    
program rules;
        (5) whose TANF grants have been reduced by sanctions
    
for non‑compliance with program rules;
        (6) who have returned to TANF 6 months after leaving
    
due to earned income;
        (7) who have returned to TANF 12 months after leaving
    
due to earned income;
        (8) who have one or more children excluded from
    
receiving TANF cash assistance due to the child exclusion rule;
        (9) who have been granted an exemption from work
    
requirements; and
        (10) who are participating in post‑secondary
    
education activities.
(Source: P.A. 93‑611, eff. 11‑20‑03.)

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