HB5259 103RD GENERAL ASSEMBLY

LRB103 39080 KTG 69218 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5259

Introduced 2/9/2024, by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

305 ILCS 5/2-12	from Ch. 23, par. 2-12
305 ILCS 5/Art. XVII heading new
305 ILCS 5/17-1 new
305 ILCS 5/17-2 new
305 ILCS 5/17-3 new
305 ILCS 5/17-4 new
305 ILCS 5/17-5 new

Amends the Illinois Public Aid Code. Adds the Refugee Social Services Article to the Code. Requires the Department of Human Services to allocate appropriated federal funds, or appropriated State funds, for refugee social services programs to each county impacted by refugee arrivals and, at the Department's discretion, to a qualified nonprofit organization, based on the number of refugees receiving aid in the county or the number of refugees who reside in the eligible county. Permits the Department to utilize funding adjustments based on the length of time that the refugees have resided in the United States. Permits the Department to allocate any federal funds from the Office of Refugee Resettlement among eligible counties and qualified nonprofit organizations consistent with federal law. Permits the Department to contract with, or award grants to, qualified nonprofit organizations for the purpose of administering refugee social services programs within a county. Requires reporting, monitoring, and audits of services funded by such contracts or grants. Provides that counties administering refugee services must designate an agency to develop and implement a plan for the provision of services funded by refugee social services funds. Set forth minimum requirements for such county plans. Contains provisions concerning extended refugee social services. Requires each refugee social services program to provide culturally appropriate and responsive case management services. Requires the Department to, in collaboration with service providers, determine outcome metrics to define program success.

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 2-12 and by adding Article XVII as follows:

(305 ILCS 5/2-12) (from Ch. 23, par. 2-12)

Sec. 2-12. "Illinois Department"; "Department". In this Code, "Illinois Department" or "Department", when a particular entity is not specified, means the following:

(1) In the case of a function performed before July 1, 1997 (the effective date of the Department of Human Services Act), the term means the Department of Public Aid.

(2) In the case of a function to be performed on or after July 1, 1997 under Article III, IV, VI, IX, or IXA, XVI, or XVII, the term means the Department of Human Services as successor to the Illinois Department of Public Aid.

(3) In the case of a function to be performed on or after July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, or XV, the term means the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid).

(4) In the case of a function to be performed on or after July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the term means the Department of Human Services (acting as successor to the Illinois Department of Public Aid) or the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) or both, according to whether that function, in the specific context, has been allocated to the Department of Human Services or the Department of Healthcare and Family Services (formerly Department of Public Aid) or both of those departments.

(Source: P.A. 95-331, eff. 8-21-07.)

(305 ILCS 5/Art. XVII heading new)

ARTICLE XVII. REFUGEE SOCIAL SERVICES

(305 ILCS 5/17-1 new)

Sec. 17-1. Definitions. As used in this Article:

(a) "Eligible county" means a county or city and county designated as impacted using a formula developed by the Department based upon the refugee arrivals in the county during the preceding 60-month period for which the Department has data.

(b) "Qualified nonprofit organization" means a nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and that satisfies any additional eligibility criteria established by the Department.

(c) "Refugee social services" include, but are not limited to, English language and employment training, as funded through federal appropriations, or as funded through State appropriations as described in Section 17-4.

(305 ILCS 5/17-2 new)

Sec. 17-2. Funding of refugee social services.

(a)(1) After setting aside the necessary State administrative funds, the Department shall allocate appropriated federal funds, or appropriated State funds as described in Section 17-4, for refugee social services programs to each eligible county and, if the Department exercises its discretion in accordance with subsection (b), to a qualified nonprofit organization, based on the number of refugees receiving aid in the eligible county or the number of refugees who reside in the eligible county. The Department may, at its discretion, utilize funding adjustments based on the length of time that the refugees have resided in the United States.

(2) If an eligible county or qualified nonprofit organization that receives funds under paragraph (1) declines all or part of those funds, or returns unexpended funds, the Department may exercise its discretion to reallocate the declined or returned funds among eligible counties and qualified nonprofit organizations.

(3) If the federal Office of Refugee Resettlement provides funding in addition to the annual appropriation described in paragraph (1) or designates funding for services to a specific population of eligible individuals, the Department may exercise its discretion to allocate those funds among eligible counties and qualified nonprofit organizations consistent with federal law.

(b)(1) Notwithstanding any other law, and to the extent permitted by federal law, the Department may, at its discretion, contract with, or award grants to, qualified nonprofit organizations for the purpose of administering refugee social services programs within a county. An eligible county providing refugee social services in accordance with this Article may continue to administer those services while a contractor or grantee is also providing refugee social services in accordance with this Article within the county.

(2) If an eligible county and a qualified nonprofit organization are administering refugee social services simultaneously within the same county, the Department shall, at its discretion, determine the amount of the funds to be distributed to the eligible county and qualified nonprofit organization.

(3) Contracts or grants awarded in accordance with this subsection shall require reporting, monitoring, or audits of services provided, as determined by the Department.

(305 ILCS 5/17-3 new)

Sec. 17-3. Implementation; plan requirements.

(a) The Department shall notify each eligible county's board of the availability of funds described in subsection (a) of Section 17-2 or in subsection (b) of Section 17-4.

(b) A county administering refugee social services shall designate an agency that is responsible for developing and implementing a plan for the provision of services funded by refugee social services funds.

(c)(1) The plan developed in accordance with subsection (b) shall reflect the full intent of this Article that the funding for, and provision of, refugee social services shall lead to successful self-sufficiency and social integration for all refugee recipients of refugee social services, in accordance with guidelines issued by the Department.

(2) Any plan developed in accordance with subsection (b) shall, at a minimum, meet all of the following requirements:

(A) Each eligible county's board shall ensure that the county planning process is designed in such a way as to facilitate refugee participation and public input in that process.

(B) The plan shall include a description of how available funds will be used to provide services to refugees.

(C) The plan shall specifically address how services will be delivered to refugees receiving aid in each county.

(D) The plan shall provide for the priority consideration for funding refugee community-based organizations if they demonstrate the capacity to implement the proposed programs, which capacity shall be comparable to that of other competitors who qualify for funding.

(305 ILCS 5/17-4 new)

Sec. 17-4. Applicability; eligibility.

(a) The requirements established by this Article shall be applicable only so long as federal funds are available for its purposes, or so long as State funds are available as provided in subsection (b).

(b)(1) This subsection shall be implemented only to the extent an appropriation of State funds is made in the annual Budget Act or another statute for the purpose of this subsection.

(2) If a refugee recipient of refugee social services under the federal Reception and Placement Program administered by the U.S. Department of State completes 90 days of those services and exhausts the federal funds allocated for that recipient, the recipient shall be eligible for a 90-day extension of refugee social services using State funds within the first 12 months of arrival to the United States.

(3)(A) If a recipient completes the 90-day extension described in paragraph (2) and seeks additional refugee social services, the designated case manager shall conduct an assessment of the recipient's needs and shall determine whether to grant the recipient an additional extension of those services using State funds.

(B) The case manager's determination in subparagraph (A) shall be on a case-by-case basis and subject to a finding by the case manager that the recipient demonstrates extreme need in accordance with criteria set forth by the Department. A finding of extreme need shall be based on the level of need for services as defined in subsection (c) of Section 17-1 or case management services as described in subsection (b) of Section 17-5.

(C) An additional extension granted under this paragraph shall be at a minimum 90 days and at a maximum 180 days, resulting in a combined duration of no more than 270 days for the extensions described in paragraph (2) and this paragraph beyond the original 90 days under the federal Reception and Placement Program, for a total of no more than 360 days of those services. If the recipient is approved for the additional extension in accordance with this paragraph, the case manager shall determine the number of extension days granted based on the assessment and on the level of the recipient's extreme need.

(4) The refugee social services covered under this subsection shall include the services as defined in subsection (c) of Section 17-1 and the case management services described in subsection (b) of Section 17-5.

(5) The refugee social services covered under this subsection may be provided by a qualified nonprofit organization, as defined in Section 17-1, including a community-based organization, or by an eligible county, as defined in Section 17-1, or by any office or affiliate of the agencies authorized under the federal Reception and Placement Program, as applicable.

(305 ILCS 5/17-5 new)

Sec. 17-5. Required services.

(a)(1) Each refugee social services program established in accordance with Section 17-2 shall provide culturally appropriate and responsive case management services for refugees, asylees, and other vulnerable noncitizens for up to 180 days, or as specified in paragraph (2), within the first year following the grant of asylum or after having been deemed eligible for services under Article 16.

(2)(A) If a recipient completes 180 days of case management services as provided under paragraph (1) and seeks an extension of those services, the designated case manager shall conduct an assessment of the recipient's needs and shall determine whether to grant the recipient the extension.

(B) The case manager's determination in subparagraph (A) shall be on a case-by-case basis and subject to a finding by the case manager that the recipient demonstrates extreme need under criteria set forth by the Department. A finding of extreme need shall be based on the level of need for services as defined in subsection (c) of Section 17-1 or case management services as described in subsection (b).

(C) An additional extension granted under this paragraph shall be at a minimum 90 days and at a maximum 180 days, for a total of no more than 360 days of case management services. If the recipient is approved for the additional extension under this paragraph, the case manager shall determine the number of extension days granted based on the assessment and on the level of the recipient's extreme need.

(b) Case management services under each program shall include assistance in identifying and applying for all benefits to which the person is legally entitled, including cultural orientation and integration programs, support in accessing and navigating the public benefits and health care systems, housing assistance, community connection and relationship building, English language instruction, and enrollment in an educational program or institution, financial literacy education, employment training, job placement assistance, and professional recredentialing and licensing application assistance.

(c) Case management services under each program may be provided by a qualified nonprofit organization, as defined in Section 17-1, including a community-based organization, or by any office or affiliate of the agencies authorized under the federal Reception and Placement Program administered by the U.S. Department of State, as applicable.

(d) The Department shall, in collaboration with service providers, determine outcome metrics to define program success.