305 ILCS 5/9A-7
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article IXA - Education, Training And Employment Program For Recipients Under Article IV

 (from Ch. 23, par. 9A-7)Sec. 9A-7. Good cause and pre-sanction process.(a) The Department shall establish by rule what constitutes good cause  for failure to participate in education, training and employment programs,  failure to accept suitable employment or terminating employment or reducing  earnings.The Department shall establish, by rule, a pre-sanction process to assist  in resolving disputes over proposed sanctions and in determining if good cause  exists.  Good cause shall include, but not be limited to:(1) temporary illness for its duration;(2) court required appearance or temporary     incarceration;(3) (blank);(4) death in the family;(5) (blank);(6) (blank);(7) (blank);(8) (blank);(9) extreme inclement weather;(10) (blank);(11) lack of any support service even though the     necessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation;(12) if an individual is engaged in employment or     training or both that is consistent with the employment related goals of the program, if such employment and training is later approved by Department staff;(13) (blank);(14) failure of Department staff to correctly forward     the information to other Department staff;(15) failure of the participant to cooperate because     of attendance at a test or a mandatory class or function at an educational program (including college), when an education or training program is officially approved by the Department;(16) failure of the participant due to his or her     illiteracy;(17) failure of the participant because it is     determined that he or she should be in a different activity;(18) non-receipt by the participant of a notice     advising him or her of a participation requirement.  If the non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;(19) (blank);(20) non-comprehension of English, either written or     oral or both;(21) (blank);(22) (blank);(23) child care (or day care for an incapacitated     individual living in the same home as a dependent child) is necessary for the participation or employment and such care is not available for a child under age 13;(24) failure to participate in an activity due to a     scheduled job interview, medical appointment for the participant or a household member, or school appointment;(25) if an individual or family is experiencing     homelessness; an individual or family is experiencing homelessness if the individual or family: (i) lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason; (ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations; (iii) is living in an emergency or transitional shelter; (iv) resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (v) is living in a car, park, public space, abandoned building, substandard housing, bus,  train station, or similar settings;(26) circumstances beyond the control of the     participant which prevent the participant from completing program requirements;(27) (blank);(28) if an individual or family receives an eviction     notice;(29) if an individual's or family's utilities are     disconnected;(30) if an individual or family receives an utility     disconnection notice; or(31) if an individual is exiting a publicly funded     institution or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution) without an option to move to a fixed, adequate night time residence.(b) (Blank).(c)(1) The Department shall establish a reconciliation procedure to  assist in resolving disputes related to any aspect of participation,  including exemptions, good cause, sanctions or proposed sanctions,  supportive services, assessments, responsibility and service  plans,  assignment to activities, suitability of employment, or  refusals of offers  of employment.  Through the reconciliation process the Department shall have a mechanism to  identify good cause, ensure that the client is aware of the issue, and enable  the client to perform required activities without facing sanction.(2) A participant may request reconciliation and  receive notice in  writing of a meeting.   At least one face-to-face  meeting may be scheduled to  resolve misunderstandings or disagreements related to program participation  and situations which may lead to a potential sanction.  The meeting will  address the underlying reason for the dispute and plan a resolution to  enable the individual to participate in TANF employment and work activity  requirements.(2.5) If the individual fails to appear at the reconciliation meeting  without good cause, the reconciliation is unsuccessful and a sanction shall be  imposed.(3) The reconciliation process shall continue after  it is determined that  the individual did not have good cause for non-cooperation.  Any necessary  demonstration of cooperation on the part of the participant will be part of  the reconciliation process.  Failure to demonstrate cooperation will result in immediate  sanction.(4) For the first instance of non-cooperation, if the client reaches  agreement to cooperate, the client shall be allowed 30 days to demonstrate  cooperation before any sanction activity may be imposed.  In any subsequent  instances of non-cooperation, the client shall be provided the opportunity to  show good cause or remedy the situation by immediately complying with the  requirement.(5) The Department shall document in the case record the proceedings  of the reconciliation and provide the client in writing  with a reconciliation  agreement.(6) If reconciliation resolves the dispute, no  sanction shall be imposed.  If the client fails to comply with the reconciliation agreement, the  Department shall then immediately impose the original sanction.  If the dispute cannot be resolved  during reconciliation, a sanction shall not be imposed  until the reconciliation process is complete.  (Source: P.A. 101-103, eff. 7-19-19.)