Public Act 93-0361

HB0294 Enrolled                      LRB093 03766 DRJ 03801 b

    AN ACT in relation to 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 9A-11 as follows:

    (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
    Sec. 9A-11. Child Care.
    (a)  The General Assembly recognizes that  families  with
children  need  child  care  in order to work.  Child care is
expensive and families with low incomes, including those  who
are transitioning from welfare to work, often struggle to pay
the  costs of day care.  The General Assembly understands the
importance of helping low income working families become  and
remain  self-sufficient.   The General Assembly also believes
that it is the responsibility of families  to  share  in  the
costs  of  child  care.    It  is  also the preference of the
General Assembly that all working  poor  families  should  be
treated equally, regardless of their welfare status.
    (b)  To   the   extent  resources  permit,  the  Illinois
Department shall provide child care services  to  parents  or
other  relatives  as  defined  by  rule  who  are  working or
participating in employment or Department approved  education
or  training programs.  At a minimum, the Illinois Department
shall cover the following categories of families:
         (1)  recipients   of   TANF   under    Article    IV
    participating   in   work   and  training  activities  as
    specified  in  the  personal  plan  for  employment   and
    self-sufficiency;
         (2)  families transitioning from TANF to work;
         (3)  families  at  risk  of  becoming  recipients of
    TANF;
         (4)  families with special needs as defined by rule;
    and
         (5)  working  families  with  very  low  incomes  as
    defined by rule.
    The Department shall specify by rule  the  conditions  of
eligibility, the application process, and the types, amounts,
and  duration  of  services.    Eligibility  for  child  care
benefits and the amount of child care provided may vary based
on  family  size,  income,  and other factors as specified by
rule.
    In  determining  income  eligibility   for   child   care
benefits,  the  Department annually, at the beginning of each
fiscal year, shall establish, by rule, one  income  threshold
for  each  family  size,  in  relation to percentage of State
median income for a family of that size, that makes  families
with  incomes  below  the  specified  threshold  eligible for
assistance and families  with  incomes  above  the  specified
threshold ineligible for assistance.  The specified threshold
must  be  no  less  than 50% of the then-current State median
income for each family size.
    In determining eligibility for assistance, the Department
shall not give preference to any category  of  recipients  or
give  preference  to  individuals  based  on their receipt of
benefits under this Code.
    The Department shall allocate $7,500,000 annually  for  a
test  program  for families who are income-eligible for child
care assistance, who are not recipients of TANF under Article
IV, and who need child  care  assistance  to  participate  in
education  and  training  activities.   The  Department shall
specify by rule the conditions of eligibility for  this  test
program.  It  is the intent of the General Assembly that, for
fiscal  year  1998,  to  the  extent  resources  permit,  the
Department shall establish an income eligibility threshold of
50% of the State median income.  Notwithstanding  the  income
level at which families become eligible to receive child care
assistance,  any  family that is already receiving child care
assistance on the effective date of this  amendatory  Act  of
1997  shall  remain  eligible  for assistance for fiscal year
1998.
    Nothing in this Section shall be construed as  conferring
entitlement status to eligible families.
    The  Illinois  Department  is  authorized to lower income
eligibility  ceilings,  raise  parent   co-payments,   create
waiting  lists,  or  take  such other actions during a fiscal
year as are necessary to ensure that child care benefits paid
under this Article do not exceed the amounts appropriated for
those child care benefits.  These changes 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.
    The  Illinois  Department  may  contract with other State
agencies or child care organizations for  the  administration
of child care services.
    (c)  Payment  shall be made for child care that otherwise
meets  the  requirements  of  this  Section  and   applicable
standards  of  State  and local law and regulation, including
any requirements the Illinois Department promulgates by  rule
in  addition to the licensure requirements promulgated by the
Department  of  Children  and  Family   Services   and   Fire
Prevention  and Safety requirements promulgated by the Office
of the State Fire Marshal and  is  provided  in  any  of  the
following:
         (1)  a child care center which is licensed or exempt
    from licensure pursuant to Section 2.09 of the Child Care
    Act of 1969;
         (2)  a  licensed child care home or home exempt from
    licensing;
         (3)  a licensed group child care home;
         (4)  other types of child care, including child care
    provided by relatives or persons living in the same  home
    as the child, as determined by the Illinois Department by
    rule.
    (d)  The  Illinois  Department  shall,  by  rule, require
co-payments for child care services by any parent,  including
parents whose only income is from assistance under this Code.
The  co-payment  shall  be  assessed based on a sliding scale
based on family  income,  family  size,  and  the  number  of
children  in  care.   Co-payments  shall not be increased due
solely to a change in the  methodology  for  counting  family
income.
    (e)  The  Illinois Department shall conduct a market rate
survey based on the cost of care and other  relevant  factors
which shall be completed by July 1, 1998.
    (f)  The Illinois Department shall, by rule, set rates to
be  paid  for the various types of child care. Child care may
be provided through one of the following methods:
         (1)  arranging  the  child  care  through   eligible
    providers  by  use  of  purchase  of service contracts or
    vouchers;
         (2)  arranging with  other  agencies  and  community
    volunteer groups for non-reimbursed child care;
         (3)  (blank); or
         (4)  adopting   such   other   arrangements  as  the
    Department determines appropriate.
    (g)  Families eligible for assistance under this  Section
shall be given the following options:
         (1)  receiving  a  child  care certificate issued by
    the Department or a subcontractor of the Department  that
    may  be used by the parents as payment for child care and
    development services only; or
         (2)  if space is available, enrolling the child with
    a child care provider that  has  a  purchase  of  service
    contract  with  the  Department or a subcontractor of the
    Department  for  the  provision   of   child   care   and
    development   services.    The  Department  may  identify
    particular priority populations for whom they may request
    special consideration by  a  provider  with  purchase  of
    service  contracts,  provided that the providers shall be
    permitted to maintain a balance of clients  in  terms  of
    household  incomes and families and children with special
    needs, as defined by rule.
(Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)

    Section 99.  Effective date.  This Act  takes  effect  on
September 1, 2003.