Section 50.101  Incorporation by Reference

Any rules or regulations of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified, and do not include any later amendments or editions.

Section 50.105  Definitions

"Access to Children" – an employee (including volunteers) whose job duties require that the employee be present in the child care facility during the hours that children are present in the facility and includes any person who is permitted to be alone outside the visual or auditory supervision of facility staff with children receiving care in the facility.  All individuals with access to children in care must submit to the required background checks.

"Background Check" –

a criminal history check via fingerprints of persons age 18 and over that are submitted to the Illinois State Police and the Federal Bureau of Investigation (FBI) for comparison to their criminal history records, as appropriate; and

a check of the Statewide Automated Child Welfare Information System (SACWIS) and other state child protection systems, as appropriate, to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or neglect; and

a check of the Illinois and National Sex Offender Registries.

"Base Wages and Salary" − is the amount of gross earned income calculated by multiplying the number of hours worked by the hourly wage plus tips, before any deductions, such as taxes, pension payments, union dues, insurance, etc., are made.  Base wages and salary do not include non-recurrent or inconsistent pay for overtime, incentives, bonuses, sick, vacation, travel reimbursements or other types of non-recurrent or inconsistent income.

"CANTS" – the Child  Abuse and Neglect Tracking System operated and maintained by the Department of Children and Family Services.  This system is being replaced by the Statewide Automated Child Welfare Information System (SACWIS).

"Child Care Assistance Program" or "CCAP" – Child care services authorized by the Department of Human Services (DHS) as specified in 89 Ill. Adm. Code 50.

"Child Care Provider" or "Child Care Facility" – any individual (other than a parent or legal guardian), group of persons, agency, association, or organization that provides programs or services for compensation, exclusively directed towards persons under the age of 18.

"Conviction" – a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.  (Section 2-5 of the Criminal Code of 1961 [720 ILCS 5/2-5])

"Employment" or "Work" – a trade, profession, occupation, job or other means of livelihood for which a wage, salary or monetary compensation is paid.

"Family" – the applicant, his or her spouse, and the biological or adoptive children or stepchildren of the applicant or his or her spouse under age 21 living in the same household.  Family must also include the child for whom care is requested, the child's dependent blood-related and adoptive siblings, and the child's and sibling's parents living in the same household.  The family may also include other persons related by blood or law to the applicant or his or her spouse living in the same household if they are dependent upon the family for more than 50 percent of their support, if including these individuals would be beneficial for the family.  The family may also include a child of the applicant or his or her spouse under age 21 who is dependent upon the family for more than 50 percent of his or her support and who is a full-time student away at school, provided he or she has not established legal residence outside the family household, if including this individual would be beneficial for the family.

"Improper Payment" – any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements, and includes any payment to an ineligible recipient, any payment for an ineligible service, any duplicate payment, payments for services not received, and any payment that does not account for applicable discounts.

"Member of the Household" – a person who lives at the same address as the parent, legal guardian or child, as evidenced by factors including, but not limited to, maintaining clothing and personal effects at the household address, receiving mail at the household address, or using identification with the household address.

"Parents" or "Parents or other Relatives" – applicants for or recipients of child care assistance who reside in the same household as the child.  Parents or other relatives include:

a biological parent;

an adoptive parent;

a child's biological or adoptive parent who is the primary residential parent (custodian) of the child:

in an order of joint custody entered pursuant to Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5]; or

in an original or modification proceeding as provided in Section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act [750 ILCS 36], pursuant to Section 601 of the Illinois Marriage and Dissolution of Marriage Act;

a stepparent;

a legal guardian; or

a caretaker relative within the fifth degree of kinship.  The degrees of kinship are the following blood and adoptive relatives:

First Degree of Kinship:

father; or

mother.

Second Degree of Kinship:

brother;

sister;

grandfather; or

grandmother.

Third Degree of Kinship:

great-grandfather;

great-grandmother

uncle;

aunt;

nephew; or

niece.

Fourth Degree of Kinship:

great-great-grandfather;

great-great-grandmother;

great-uncle;

great-aunt;

first cousin;

great-niece; or

great-nephew.

Fifth Degree of Kinship:

great-great-great-grandfather;

great-great-great-grandmother;

great-great-uncle;

great-great-aunt;

first cousin once removed;

second cousin;

great-great niece; or

great-great nephew.

Step-Relatives:

step-father;

step-mother;

step-brother; or

step-sister.

"Persons Subject to Background Checks" –

the operators of the child care facility;

all current and conditional employees of the child care facility;

any person who is used to replace or supplement staff; and

any person who has access to children.

If the child care facility operates in a family home, the provider and all members of the household age 13 and over are subject to background checks, as appropriate, even if these members of the household are not usually present in the home during the hours the child care facility is in operation.

"School-age youth"  for the purposes of the Child Care Assistance Program (CCAP), means a child ages 5 through 13 (or through the age of 18 if approved for CCAP due to a special need or court order) who is enrolled in school. A five year old child is considered school age only when enrolled in a school based education/kindergarten program.  This enrollment does not include a before/after school program.

"Special Needs Child" –

a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 USC 1401);

a child who is eligible for Early Intervention services under Part C (subchapter III) of the Individuals with Disabilities Education Act (20 USC 1431 et seq.);

a child who is less than 13 years of age and who is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 USC 794).

"Teen Parent" – parents through age 19.

"Two-Parent Household" or "Two-Parent Family" − a family with two parents living in the home; includes unmarried parents who share a child in common.

(Source:  Amended at 42 Ill. Reg. 8491, effective May 8, 2018)

Section 50.110  Participant Rights and Responsibilities

a)         Hearings

1)         Persons receiving child care services can request hearings, as provided at 89 Ill. Adm. Code 14, Subpart A, as appropriate, on issues concerning the appropriateness of, denial of, prompt issuance of, or intended actions to discontinue, terminate, suspend or reduce, child care assistance under this Part.

2)         Assistance under this Part will not be continued at the previous level pending a hearing.

b)         Child care services received by a family must be reasonably related to the hours of training or employment including the transportation needs of the family.  Teen parents enrolled full-time in elementary or high school or GED classes are eligible for full-time, full-year child care eligibility, including summers, when using a licensed child care provider, up to and including a three-month period after graduation.

c)         Parents may choose their child care arrangements, but payments will be subject to all appropriate rules.

d)         Parents are responsible for providing income verification and all other information required by the Department in order to determine eligibility for child care services.

e)         Parents are responsible for reporting to the Department or its agents additional income, loss of employment, or departure from an approved education or training activity that would affect eligibility for child care services.  The Department or its agents may schedule a redetermination at any time upon receiving information that could affect eligibility for child care services.

f)         Parents must avail themselves of all other available child care services including child care appropriate and available from the Department of Children and Family Services (DCFS) offered to particular categories of caregivers, such as foster parents who are employed and need child care to be foster parents.

(Source:  Amended at 38 Ill. Reg. 19513, effective September 17, 2014)

Section 50.120  Notification of Available Services

a)         The Department or its agents will notify, in writing, all applicants for and families receiving services of programs and supportive services available to them for which they are eligible, and the rights, responsibilities and obligations of participants in the program.

b)         The Department or its agents will make a determination and notify an applicant of its determination on an application for child care within 45 days from the date the application is received by the Department or its agents.

Section 50.130  Child Care Overpayments and Recoveries

The Department will recover overpayments from providers or parents and other relatives, as appropriate, through demand letters, referrals to the Comptroller's Office for withholding, referrals to collection agencies, reductions in future payments or public assistance benefits, or other means determined by the Department to be effective.

Section 50.210  Child Care

a)         To the extent resources permit, the Department shall provide child care services:

1)         to parents or other relatives who are working and are unable to supervise their children;

2)         to parents or other relatives who are participating in employment, training or education programs that are approved by the Department;

3)         to teen parents to enable them to obtain a high school degree or its equivalent, to provide time to find employment after graduation, and to provide a stable learning environment for their children; and

4)         to parents or other relatives who request a 3-month period to establish an eligible employment or education activity (allowed once every 12 months).

b)         In a two-parent household, both parents must be working, in an approved education and training activity, or taking steps to establish an eligible activity (see subsection (a)(4)) and unavailable to care for the children unless one of the parents is unable to care for the children for one of the following reasons:

1)         A physical or mental disability that limits the ability of the parent to provide adequate child care;

2)         Participation in an alcohol or drug abuse rehabilitation program;

3)         Military service away from home; or

4)         Participation in a Department approved program such as a Temporary Assistance for Needy Families (TANF) Employment and WorkActivity (see 89 Ill. Adm. Code 112.78) or Teen Parent Services (TPS).

c)         The applicant must furnish written documentation to verify the reason why the other parent, if living in the home, is unable to work and unable to provide care for the children that live in the home.

1)         To document the other parent's physical or mental health problem or participation in a rehabilitation program, the applicant shall submit written verification from the treating physician, psychiatrist, or other appropriate licensed health care practitioner that includes details of the nature and degree of the person's disability or impairment, the reason the condition prevents the individual from providing care, and the projected length of disability.

2)         To document military service away from home, the applicant must furnish a copy of the orders from the appropriate branch of the military that details the length and location of the assignment, as well as any money allowances for clothing and housing.

3)         To document participation in a Department approved program (see subsection (b)(4)), child care staff shall use Department computerized case information systems.  If participation in a Department approved program cannot be verified via the Department computerized case information systems, the applicant may be required to submit a copy of the Responsibility and Services Plan (RSP) (FORM 4003) or other relevant Department forms signed by the caseworker.

(Source:  Amended at 47 Ill. Reg. 17860, effective November 20, 2023)

Section 50.220  Method of Providing Child Care

Child care may be provided through one of the following methods:

a)         direct payment to the clients for child care costs;

b)         arranging the child care through eligible providers by use of purchase of service contracts or vouchers;

c)         arranging with other agencies and community volunteer groups for non-reimbursed child care; and

d)         adopting such other arrangements as the Department determines appropriate.

Section 50.230  Child Care Eligibility

a)         To the extent resources permit, it is the intent of the Department to provide child care services to all applicants that meet the eligibility requirements set forth in this Section.  If it is necessary to limit participation to stay within the amounts appropriated or resources available to the Department for child care services, participation will be limited to the priority service groups specified in subsection (c)(12) and that limitation in participation shall remain until such time as sufficient resources are available to serve all eligible applicants.

b)         To be eligible for child care services, a child shall at the time of eligibility determination or redetermination:

1)         be under 13 years of age (if a child turns 13 years old during the eligibility period, that child shall remain eligible for CCAP for the remainder of the eligibility period); or

2)         be under age 19 and under court supervision or have physical, developmental, or intellectual disabilities as documented by a statement from a local health provider or other health professional.

c)         Parents and other relatives eligible to receive child care services include:

1)         Clients who receive Temporary Assistance for Needy Families (TANF) under Article IV of the Public Aid Code participating in work and/or training‑related activities as specified in their Responsibility and Service Plan (RSP) (see 89 Ill. Adm. Code 112.74) as approved by the Department's TANF case worker.

2)         Subject to appropriation, parents or other relatives who request a 3-month period to establish an eligible employment or education activity (allowed once every 12 months).

3)         Parenting youth in care, as defined in Section 4d of the Children and Family Services Act [20 ILCS 505], who are parents, regardless of income or whether they are working or participating in Department-approved employment or education or training programs.  Any family that receives child care assistance in accordance with this subsection (c)(3) shall receive one additional 12-month child care eligibility period after the parenting youth in care's case with the Department of Children and Family Services is closed, regardless of income or whether the parenting youth in care is working or participating in Department-approved employment or education or training programs.

4)         Families receiving Extended Family Support Program services from the Department of Children and Family Services, regardless of income or whether they are working or participating in Department-approved employment or education or training programs.

5)         Working families, including teen parents enrolled full-time in elementary or high school or high school equivalency classes to obtain a high school diploma or its equivalent, whose monthly incomes do not exceed the following amounts by family size at the time of initial program application:

The above income guidelines will be indexed annually so that the thresholds are no less than 185% of the most current Federal Poverty Level (FPL) for each family size.

6)         At the end of each eligibility period, families must fall into the following income guidelines to remain eligible for another 12-month eligibility period:

These income guidelines will be indexed annually so that the thresholds are no less than 185% of the most current FPL for each family size.

7)         Any time a family's countable income exceeds 85% of the State Median Income (SMI), the case will be canceled 10 calendar days after the date the termination notice was sent to the family and providers.

These income guidelines will be indexed annually so that the thresholds are no less and no more than 85% of the most current SMI level for each family size.

8)         If the countable income for a family is between 275% FPL and 85% SMI at the end of an eligibility period, and all other eligibility factors are met, the family will be eligible for a 90-day graduated phase-out period that begins the first day of the new eligibility period.  If the family requests child care assistance at any time after the graduated phase-out period, the request must be treated as a new application and the family must have family income below 225% of FPL to qualify.

9)         Families who do not receive TANF and need child care services in order to attend school or training (up to and including the acquisition of the first Bachelor's Degree), including web-based courses or correspondence learning from an accredited university, whose monthly income does not exceed the monthly income ceilings in subsection (c)(2).  Clients can be approved for education/training activities that will lead to multiple certificates within a designated career path (e.g., from Certified Nursing Assistant to Licensed Practical Nurse) or Associate Degrees, but only the first Bachelor's Degree.  Clients may also be approved for additional vocational certificate programs if they are beginning a new career path in a new field or if classes are required to remain certified in their current employment.  Child care services approved under this Part must be reasonably related to the education or training activity, including class hours and research, study, laboratory, library and transportation time, and unpaid educationally required work activities such as student teaching, an internship, a clinical, a practicum or an apprenticeship.  Teen parents enrolled full-time in elementary or high school or high school equivalency classes will be eligible for full-time, full-year child care, including summers, when using a licensed child care provider, up to and including a three-month period after graduation, in order to secure employment or to prepare for higher education.  If a parent is claimed as a dependent by another person for federal income tax purposes, that parent is only eligible if his or her income, when added to the income of the other person, does not exceed the monthly income ceiling in subsection (c)(2) for that family size.  All education programs under this Part must be administered by an educational institution accredited under requirements of State law, including, but not limited to, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 [225 ILCS 410], the Real Estate Act of 2000 [225 ILCS 454], the Public Community College Act [110 ILCS 805], the University of Illinois Act [110 ILCS 305], the Chicago State University Law [110 ILCS 660], the Eastern Illinois University Law [110 ILCS 665], the Governors State University Law [110 ILCS 670], the Illinois State University Law [110 ILCS 675], the Northeastern Illinois University Law [110 ILCS 680], the Northern Illinois University Law [110 ILCS 685], the Western Illinois University Law [110 ILCS 690], or the Department of Financial and Professional Regulation.  Social service agencies that provide recognized English as a Second Language (ESL) and other adult education courses and programs are not required to hold or maintain any separate type of accreditation, as long as the program they offer is supported by an accredited institution.

A)        Below Post-Secondary Education Eligibility and Participation Requirements 

This category of education includes literacy and other adult basic education, English as a Second Language, and high school equivalency examination preparation programs.  Clients/applicants who have already earned a vocational certificate are still eligible for below post-secondary education activities if they have not already earned a high school diploma or high school equivalency certificate.

i)         There is no work requirement for the first 24 non-consecutive months the client participates.  Families eligible to receive child care services while they attend an education or training program under this Section must not already possess a Bachelor's, Master's or Doctorate Degree.

ii)        From the 25^th month on, the client must work at least 20 hours per week.  Child care provided to a teen parent to obtain a high school diploma or its equivalent does not count against this 24-month limit.  Individuals enrolled in below post-secondary education must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress.  The client will be allowed one eligibility period below a "C" average to bring the grades up to a "C" average.  When grades are not used, progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term.  The determination of satisfactory progress must be reported upon completion of each eligibility period.

B)        Vocational Education Eligibility and Participation Requirements

Programs in this category of education may be offered by a public community college, public or private university, or private business/technical school. 

i)         The program usually results in the receipt of a Certificate of Achievement or Completion and/or prepares the client for a specific job or to obtain a license required by some occupations.  Families eligible to receive child care services while they attend an education or training program under this Section must not already possess a Bachelor's, Master's or Doctorate Degree.  Clients/applicants may be approved for multiple vocational certificate programs if they are within a designated career path (e.g., from Certified Nursing Assistant to Licensed Practical Nurse) or are beginning a new career path in a new field, or if classes are required to remain certified in their current employment.

ii)        There is no work requirement for the first 24 non-consecutive months the client participates.  From the 25^th month on, the client must work at least 20 hours per week.  Individuals enrolled in vocational education must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress.  The client will be allowed one eligibility period below a "C" average to bring the grades up to a "C" average.  When grades are not used, progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term.  The determination of satisfactory progress must be reported upon completion of each eligibility period.

C)        Post-Secondary Education

i)         This category of education includes all undergraduate college level courses that could result in an Associate or the client's first Bachelor's Degree.  Families eligible to receive child care services while they attend an education or training program under this Section must:

•           be enrolled in a program accredited under requirements of State law as stated in subsection (c)(3).

•           not already have a Bachelor's, Master's or Doctorate Degree, if requesting child care to earn an Associate Degree.  Child care will not be approved for attainment of a second Associate Degree.

•           not be in an, or have completed an, advanced degree program (beyond a Bachelor's Degree).  Child care will not be approved for education beyond the attainment of a Bachelor's Degree.

ii)        There is no work requirement for the first 48 non-consecutive months the client participates.  From the 49^th month on, the client must work at least 20 hours per week.  Clients who do not work and who need child care to attend college must maintain a 2.5 grade point average (GPA) (on a 4.0 scale) if this measurement is used by the institution to determine satisfactory progress.  Clients who work 20 hours or more per week in paid employment while they attend college must maintain a 2.0 GPA (on a 4.0 scale).  In the absence of a GPA, satisfactory progress will be determined by the written policy of the institution.  The determination of satisfactory progress, including test/retest results or GPA, must be reported upon completion of each eligibility period.  If the client's GPA falls below 2.5 or 2.0 for those students who work or at any time the client does not maintain satisfactory progress, the client may continue to go to school for another eligibility period.  If the GPA is below 2.5 or 2.0 two eligibility periods in a row, the client will be ineligible for child care until his or her GPA is at or above 2.5 or 2.0.

D)        Study Time

Child care services may be granted for up to one hour of study time per week for each classroom hour or course credit.  When possible, study periods should be arranged around regularly scheduled classes in order to provide a consistent and uninterrupted routine for children in care.  Study time granted to add an extra day of care must be approved first by the Department's Bureau of Child Care and Development Policy Unit.

10)       Relatives (other than parents) who receive child-only TANF benefits as a Representative Payee for children in need of care while they work.

11)       Families with active CCAP cases in which a parent in the household is called into active military duty.

12)       In the event the Department must limit participation due to insufficient appropriations or available resources, applicants included in the priority service groups are:

A)        Recipients of Temporary Assistance for Needy Families as described in subsection (c)(1);

B)        Teen parents enrolled full-time in elementary school, high school or high school equivalency classes to obtain a high school degree or its equivalent;

C)        Families engaged in an eligible employment and/or educational activity with a special needs child and family income that does not exceed 185% of FPL for their family size;

D)        Working families whose monthly incomes do not exceed 185% of the most current FPL for their family size;

E)        Families that are not recipients of TANF whose monthly incomes do not exceed 185% of the most current FPL for their family size that need child care assistance to participate in education and training.

d)         All families must reside in Illinois.

e)         Payment for child care services to eligible parents may begin:

1)         if care was provided at the time and all eligibility factors are met, on either:

A)        the date of the parent's signature on the Child Care Assistance Program (CCAP) application (Form 444-3455); or

B)        one week (seven calendar days) prior to the stamped date of receipt of the CCAP application (Form 444-3455) by the Department or its agents, whichever is later; or

2)         on the date the child care provider actually begins providing child care services, if the application is received in advance of services being provided and all eligibility factors are met.

f)         Approval of payments will cease no less than 10 calendar days after the date of the termination notice sent to the parent by the Department or its agents following a determination of ineligibility.  Care will be terminated immediately if it is determined the child is no longer enrolled with the approved provider or the family requests that its case be terminated.

(Source:  Amended at 49 Ill. Reg. 15616, effective November 24, 2025)

Section 50.235  Income Eligibility Criteria

A family is considered "income eligible" when the combined gross monthly base income (earned and unearned) (see subsection (a)) of all family members is at or below the amounts listed in Section 50.230 for the corresponding family size.  In 2 parent families, both incomes must be combined to determine eligibility.  Two-parent families include those with 2 or more adults living in the home, such as the applicant and the applicant's spouse or parents of a common child in the home.  Eligibility is determined on the basis of gross monthly base income.  To convert weekly income into monthly base income, multiply weekly income by 4.333.  To convert bi-weekly income into monthly base income, multiply bi-weekly income by 2.1666.  To convert twice monthly income into monthly base income, multiply twice monthly income by 2. Documentation must be secured for all income and maintained in the family eligibility file prior to approval for child care payments.

a)         Income Included (Non-Exempt)

1)         gross base wages and salary, tips and commissions earned on a regular basis;

2)         net income from farm self-employment;

3)         net income from non-farm self-employment;

4)         dividends, interest, net rental income, and royalties;

5)         pensions and annuities;

6)         veteran's pensions;

7)         unemployment compensation;

8)         worker's compensation.

b)         Exempt Income

1)         per capita payments to or funds held in trust for any individual in satisfaction of the Indian Claims Commission or the Court of Claims;

2)         payments made pursuant to the Alaska Native Claims Settlement Act to the extent such payments are exempt from taxation under Section 21(a) of the Act (43 U.S.C. 1620(a));

3)         money received from sale of property, such as stocks, bonds, a house, or a car (unless the person was engaged in the business of selling such property, in which case the net proceeds would be counted as income from self-employment);

4)         non-recurrent or inconsistent pay for overtime, incentives, bonuses, sick, vacation, travel reimbursements, or other types of non-recurrent or inconsistent income that is not part of the family's base income;

5)         money borrowed, including educational loans to a student who is included in the family unit as authorized in Section 50.105;

6)         withdrawals of bank deposits;

7)         tax refunds or any Earned Income Tax Credit (EITC) payments;

8)         gifts;

9)         lottery winnings or proceeds obtained by gambling;

10)         lump sum inheritances or insurance payments;

11)         capital gains;

12)         the value of the coupon allotment or Supplemental Nutrition Assistance Program (SNAP) benefits under the Food Stamp Act of 1977 (PL 95-113) or the Food and Nutrition Act of 2008 (PL 110-246), as amended;

13)         the value of United States Department of Agriculture (USDA) donated foods;

14)         the value of supplemental food assistance under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and the special food service for children under the National School Lunch Act (42 U.S.C. 1751 et seq.), as amended;

15)         any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (42 U.S.C. 4651);

16)         earnings of a child (unless that child is the applicant);

17)         grants, such as scholarships, obtained and used by a student who is included in the family unit as authorized in Section 50.105;

18)         any grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the U.S. Department of Education under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.);

19)         home produce utilized for household consumption;

20)         energy grants or allowances received through the Low-Income Energy Assistance Program authorized by the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8625);

21)         any DCFS foster care board payments or clothing allowance;

22)         child support paid by the family will be deducted from their income;

23)         earned income from the U.S. Census Bureau for temporary census employment;

24)         alimony;

25)         child support received by the family (not including lump sum payments);

26)         ongoing monthly adoption assistance payments from DCFS;

27)         public assistance and welfare payments;

28)         social security payments for all family members, including SSI and pensions;

29)         survivor's benefits, permanent disability payments, and railroad retirement benefits from the federal government;

30)         retroactive/back pay from employment;

31)         travel reimbursement;

32)         living allowance received serving with AmeriCorps VISTA; and

33)         cash/gifts, wages provided to individuals enrolled in research projects that are not funded via general revenue and investigate the impacts of policies or programs designed to reduce poverty.

(Source:  Amended at 47 Ill. Reg. 18694, effective November 30, 2023)

Section 50.240  Qualified Provider (Repealed)

(Source:  Repealed at 35 Ill. Reg. 8878, effective May 25, 2011)

Section 50.250  Additional Service to Secure or Maintain Child Care

The Department will provide payments to secure or maintain a child care arrangement when child care arrangements would otherwise be lost and subsequent employment or activity is scheduled to begin or resume.  To qualify, the parent must be approved for child care assistance and must report a loss of employment or break in the approved activity within 30 days after the date of loss or break.  Families are eligible to receive care under this Section for up to three 30-day periods in any 12-month period.  Payments shall not be approved if the child does not attend care.

(Source:  Amended at 38 Ill. Reg. 19513, effective September 17, 2014)

Section 50.260  Job Search (Repealed)

(Source:  Repealed at 36 Ill. Reg. 12104, effective July 10, 2012)

Section 50.310  Fees for Child Care Services

a)         All families must share in the cost of child care as illustrated in Section 50.320, except the following:

1)         relatives (other than parents) who receive a child-only TANF benefit for children needing care due to the relatives' employment;

2)         families approved for CCAP Protective Child Care services due to experiencing homelessness;

3)         parenting youth in care, as defined in Section 4d of the Children and Family Services Act, who are parents, while they remain youth in care and for 12 months after the parenting youth in care’s case with the Department of Children and Family Services is closed;

4)         families receiving Extended Family Support Program services from the Department of Children and Family Services; and

5)         families with active CCAP cases in which a parent in the household is called into active military duty.

b)         CCAP-eligible families with a parent or guardian who is a child care worker, will have their co-payments assessed at $1.00 per month.  For the purposes of this subsection, a child care worker is any employee at a licensed day care center, day care center exempt from licensing, licensed day care home, licensed group day care home, and day care homes exempt from licensing who spends 75% or more of their regular daily scope of work in service of early childhood education and care.

c)         If all of the children in care are of school age and are approved for part-time (less than 5 hours per day) day care for any month September through May, the parent share is 50% of the amount shown in Section 50.320.  A school age child is a child whose age is 5 to 13 years and is enrolled in school.

(Source:  Amended at 46 Ill. Reg. 20819, effective December 15, 2022)

Section 50.320  Maximum Monthly Income and Parent Fee by Family Size and Income Level

(Source:  Amended at 49 Ill. Reg. 15616, effective November 24, 2025)

Section 50.400  Purpose

The purpose of this Subpart is to ensure the safety and well-being of children cared for in any license exempt child care facility paid by the Department of Human Services Child Care Assistance Program by requiring the operators of license exempt child care facilities and other persons subject to background checks, as defined in Section 50.430, to be screened for a history of child abuse or neglect, inclusion in the Illinois or National Sex Offender Registries, and prior criminal convictions or pending criminal charges.

(Source:  Added at 35 Ill. Reg. 8878, effective May 25, 2011)

Section 50.410  Qualified Provider

Payment will be made for child care that otherwise meets the requirements of this Section; meets applicable standards of State and local law and regulation, including but not limited to licensure requirements promulgated by the Department of Children and Family Services (DCFS) at 89 Ill. Adm. Code 406, 407 and 408, and Fire Prevention and Safety requirements promulgated by the Office of the State Fire Marshal at 41 Ill. Adm. Code 100; and is provided in any of the following:

a)         Licensed Day Care Center;

b)         Day Care Center Exempt from Licensing;

c)         Licensed Day Care Home;

d)         Licensed Group Day Care Home;

e)         Day Care Home Exempt from Licensing (No more than three children may be cared for, including the provider's own children, unless all children are from the same household);

f)         Relative Exempt from Licensing (Care provided in the home of a relative.  No more than three children may be cared for, including the provider's own children, unless all children are from the same household);

g)         Non-relative Exempt from Licensing (Care provided in the home of the child.  No more than three children may be cared for, including the provider's own children, unless all children are from the same household); and

h)         Relative Exempt from Licensing (Care provided in the home of the child.  No more than three children may be cared for, including the provider's own children, unless all children are from the same household).

(Source:  Amended at 35 Ill. Reg. 8878, effective May 25, 2011)

Section 50.420  Provider Registration and Certification Requirements

a)         All license exempt home providers listed in Section 50.410(e) through (h) must register with the State of Illinois by submitting to their respective Child Care Resource and Referral Agency a legible copy of their social security card and a copy of the front and back of a current, valid State issued photo ID, driver's license or military ID.  If the provider's social security card has been lost or stolen, the provider must obtain a duplicate card from the Social Security Administration.  The registration process must be completed before a provider will be authorized to receive child care assistance payments.

b)         A child care center not licensed by the State of Illinois has the burden of demonstrating that it meets the criteria for the exemption that it claims (see 89 Ill. Adm. Code 377) and must certify that its facility or program is exempt from licensure, including submission of a completed License Exempt Day Care Center Self-Certification form.

(Source:  Amended at 39 Ill. Reg. 15540, effective November 23, 2015)

Section 50.430  Provider Background Checks

a)         Child Abuse/Neglect

As a condition of eligibility to receive a State subsidy for providing child care services to eligible families, all license exempt child care providers under the Child Care Act of 1969 [225 ILCS 10] must agree, in writing, to a Child Abuse and Neglect Tracking System (CANTS) check in the Central Register as defined in the Abused and Neglected Child Reporting Act [325 ILCS 5].

1)         Providers subject to the CANTS check include:

A)        Child care centers exempt from licensing (89 Ill. Adm. Code 377);

B)        Child care homes exempt from licensing (89 Ill. Adm. Code 377);

C)        Relative child care in the home of the relative (see Section 50.410);

D)        Non-relative child care in the home of the child (see Section 50.410); and

E)        Relative child care in the home of the child (see Section 50.410).

2)         All staff at a child care center exempt from licensing and all persons age 13 and older residing in a child care home exempt from licensure are subject to CANTS check.

3)         Limitations on Perpetrators of Child Abuse/Neglect

Persons who have been indicated as the perpetrator of any of the child abuse/neglect allegations identified in 89 Ill. Adm. Code 385.50 shall be disqualified from participating in the child care assistance program.

b)         Sex Offender Registry

All persons subject to CANTS checks pursuant to this Part shall be screened for inclusion in the Illinois and National Sex Offender Registries [730 ILCS 150].

c)         Criminal History

1)         As a condition of eligibility to receive a State subsidy for providing child care services to eligible families, all license exempt child care providers, except a provider who is related to the child, shall complete and sign authorizations for a State and Federal Bureau of Investigation (FBI) fingerprint-based criminal history record check and submit to fingerprinting, if required, to determine if the child care provider has prior criminal convictions or pending criminal charges.  Provider types subject to a fingerprint-based criminal history record check include:

A)        Child care centers exempt from licensing (89 Ill. Adm. Code 377);

B)        Child care homes exempt from licensing (89 Ill. Adm. Code 377); and

C)        Non-relatives who provide care in the child's home (see Section 50.410).

2)         Persons subject to a background check include:

A)        an employee of a license exempt child care center whose duties require the employee to be present during the hours children are present in the facility.  In addition, any person  who is permitted to be alone with children receiving care in the facility is subject to the background check requirement.  This applies to all current and conditional employees as well as any individual used as replacement or supplemental staff in the direct care and supervision of children.

B)        All persons age 18 and over who reside in a child care home exempt from licensing even if those household members are not usually present in the home during the hours the children are present.  This shall also apply to a person age 13 and over who has been tried as an adult and convicted of any crime identified in 89 Ill. Adm. Code 385.

3)         Fingerprints shall be submitted to the Illinois State Police via the fingerprint vendor stipulated by Department of Children and Family Services (DCFS) for criminal history checks.

4)         Fingerprints for the following persons shall be submitted to the FBI for a search of its records:

A)        persons who have resided outside the State of Illinois for any part of the preceding three years; and

B)        persons who have a record of criminal activity that may impact their suitability for employment as evidenced either by their own acknowledgment or according to the records of the Illinois State Police.

5)         Persons subject to criminal background checks shall make themselves available for fingerprinting when scheduled by DCFS or its authorized representatives.  Persons subject to criminal background checks who fail to appear for scheduled fingerprinting will be disqualified as a child care provider.

6)         Persons who have been convicted of certain serious crimes identified in 89 Ill. Adm. Code 385.Appendix A (Background Checks) will be disqualified as a child care provider.

7)         A copy of the criminal history record check shall be provided to the subject of the criminal history record.

8)         Any information concerning convictions is confidential and may not be transmitted outside DCFS or to anyone within DCFS, except as needed for the purposes of determining participation in the child care assistance program.

9)         There is no charge to any person subject to background checks required by this Part.

10)         Any person who fails to provide written authorization for a background check pursuant to this Part shall be disqualified from participating in the child care assistance program.

d)       Convictions that Disqualify Persons for Employment or Residence in a Child Care Facility that Allows Access to Children

A person who has been convicted of certain serious crimes identified in 89 Ill. Adm. Code 385.Appendix A or who has been convicted of committing or attempting to commit any of the offenses identified in this subsection (d) shall be disqualified from participation in the child care assistance program.  In addition, no person who has been convicted of certain serious crimes identified in 89 Ill. Adm. Code 385.Appendix A or who has been convicted of committing or attempting to commit any of the offenses listed in this subsection (d) shall either be employed in a license exempt child care facility in a position that allows access to children or reside in a family home in which a licensed-exempt child care facility operates.  This includes persons who have been:

1)         declared sexually dangerous persons under the Sexually Dangerous Persons Act [725 ILCS 205] or identified as sex offenders in the Illinois Sex Offender Registry [730 ILCS 150] operated by the Illinois State Police; or

2)         convicted of committing or attempting to commit any of the offenses specified in 89 Ill. Adm. Code 385.Appendix A that are defined by the Criminal Code of 1961 [720 ILCS 5] or any earlier Illinois criminal law or code (see Section 4.2 of the Child Care Act of 1969 [225 ILCS 10/4.2]); or

3)         convicted of committing or attempting to commit an offense in another state, the elements of which are similar and bear a substantial relationship to any of the criminal offenses specified in 89 Ill. Adm. Code 385.Appendix A.

e)         Assessment of Indicated Reports of Abuse or Neglect and Criminal Convictions

A person who is disqualified from participating in the child care assistance program as a license exempt child care provider who has an indicated report of abuse or neglect or who has been convicted of certain serious crimes identified in 89 Ill. Adm. Code 385.Appendix A may only receive payment through the child care assistance program if the individual obtains a license from DCFS in which a review and assessment of the allegations and criminal charges will be made pursuant to 89 Ill. Adm. Code 385.

f)         Pending Criminal Charges

A person who has criminal charges pending will not be disqualified from participating in the child care assistance program as a license exempt child care provider.

(Source:  Amended at 38 Ill. Reg. 18490, effective August 22, 2014)

Section 50.440  Payment for Child Care Services

a)         The Department will discontinue payments to license exempt child care providers when one or more findings against the provider are indicated in the Central Register.

b)         The Department will reimburse providers for child care services provided through the effective date of cancellation for an indicated finding.  The effective date of cancellation is 10 days from the date of the letter the Department or its agent sends to the provider notifying the provider that payments will no longer be made.

c)         Payments will not be made to the child's mother or father, or to a stepparent who is currently married to the child's parent and is living in the same household as the child, or to anyone who is included in the same public assistance grant as the child (for those families receiving such assistance), or to a person living in the home who is a parent of the child's sibling or has a child in common with the applicant.  If such a person is available and qualified to care for the child in the home, child care will not be approved.

d)         Payments will not be made to a provider (even if operating within a setting exempt from licensing) who has been convicted of crimes enumerated in 89 Ill. Adm. Code 385.Appendix A nor will such a person be considered available to provide care.

e)         Payments will not be made to a provider who, after receiving written notification of an outstanding overpayment, fails to establish a repayment plan or is in default of a repayment plan.

f)         Payments will not be made to a provider who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act [725 ILCS 205] or identified as a sex offender in the Illinois Sex Offender Registry operated by the Illinois State Police or identified as a sex offender in the National Sex Offender Registry.

(Source:  Amended at 39 Ill. Reg. 15540, effective November 23, 2015)

Section 50.510  Great START Program

a)         Subject to a specific appropriation and for as long as funds are available, the Department, through its designated agents, shall administer the Great START (Strategy To Attract and Retain Teachers) Program.

b)         The Great START Program shall provide wage supplements to licensed day care center, day care home and group day care home (child care facility) personnel defined as:

1)         persons employed by a licensed day care center, including early childhood teachers, school age workers, early childhood assistants, school age assistants, and directors, as such positions are defined by the Department of Children and Family Services at 89 Ill. Adm. Code 407; and

2)         persons operating or employed by a licensed day care home or group day care home, including caregivers and assistants, as such positions are defined by the Department of Children and Family Services at 89 Ill. Adm. Code 406 and Part 408.

(Source:  Added at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.520  Method of Providing the Wage Supplement

a)         The specific appropriation amount shall be divided  into 12 monthly allocations to be paid out to eligible participants through 6 semi-annual payment schedules as follows:

1)         semi-annual payments in January and July;

2)         semi-annual payments in February and August;

3)         semi-annual payments in March and September;

4)         semi-annual payments in April and October;

5)         semi-annual payments in May and November; and

6)         semi-annual payments in June and December.

b)         Applications will be processed in the order they are received. Once the monthly allocation has been obligated to eligible applicants, all remaining applications will be rolled over to the next month's allocation.  That process will continue until all funds are obligated.  Approved applications that have been received after all funds are obligated will be retained on file and will be considered first if additional funds become available either through increased appropriation or attrition.

c)         The wage supplement shall be provided to child care personnel, as defined in Section 50.510(b) of this Section, by direct payment to the eligible applicant.  The amount of the wage supplement shall be subject to applicable income taxes.  All applicants will be required to submit a completed W9 certification.

d)         It is the responsibility of the eligible applicant to report the income from the wage supplement to the IRS on annual tax returns in accordance with IRS rules and regulations.  The Department or its agents shall report to IRS payment of wage supplements to an individual in excess of $600.

(Source:  Added at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.530  Eligibility

a)         To the extent resources permit, the Great START Program will be open to all eligible child care personnel Statewide who have attained education above licensing requirements as defined by the administrative rules of the Illinois Department of Children and Family Services and who are employed and working in Illinois. Child care personnel may apply for wage supplements commensurate with their education. Child care personnel will be required to submit an application to determine eligibility for the wage supplement.  The Department may, pursuant to subsection (e), alter and prioritize the eligibility criteria depending on available resources.  For FY 2001, child care personnel must meet the following eligibility criteria:

1)         completed 2 years of continuous full-time employment or self-employment with the same program in a position working directly with children at the time of initial application and for 6-month intervals thereafter;

2)         earning an hourly wage of no more than the amount established by the T.E.A.C.H. Program income eligibility guidelines, which for FY 2001 is $15;

3)         employed in a full year, full day program, defined as a program that operates 12 months a year and serves children a minimum of 8 hours daily;

4)         working full time, defined as 30 hours per week or more; and

5)         working with children more than 50% of the employment day.

b)         Beginning in FY 2002, in addition to the above criteria, the following eligibility criteria will be available to applicants:

1)         completed one year of continuous employment with the same program in a position working directly with children at the time of initial application and for 6-month intervals thereafter;

2)         working part time, defined as 15 to 29 hours per week (supplement will be pro-rated); or

3)         employed as a program administrator working with children less than 50% of the employment day.

c)         The applicant is responsible for providing all information and documentation to demonstrate his/her qualifications for a particular wage supplement level and option. Required information includes, but is not limited to, official college transcripts, name, address, telephone number, social security number, birth date, employment information verified by the employer such as employer name and address, position, wages (including pay stubs), and length of service. Day care home and group day care home applicants will be required to submit documentation to substantiate the hourly wage requirement, including copies of tax information and forms provided to the Internal Revenue Service and/or to the Illinois Department of Revenue.

d)         Once an applicant is determined to be eligible for the Great START Program, he or she may apply for a wage supplement payment at 6-month intervals.  Additional payments are not automatic. Child care personnel are required to submit a renewal application for additional supplements, including employment and wage documentation.  Renewal applications must be submitted within 30 days after the date the individual becomes eligible for the semi-annual payment.

e)         Wage supplements will be awarded as long as sufficient funds are available. Approved applications that are received after funding runs out will remain on file. These applications will be considered first for funding when additional resources become available either through increased appropriation or attrition. Approved applications will be prioritized for payment in the following order:

1)         all applicants on a waiting list from FY 2001;

2)         all applicants that meet criteria under subsection (a);

3)         all applicants that meet criteria under subsection (b)(1);

4)         all applicants that meet criteria under subsection (b)(2);

5)         all applicants that meet criteria under subsection (b)(3).

(Source:  Added at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.540  Employer Responsibility

The child care employer shall be responsible for verifying the wage and employment information on the Great START application. To participate in this program, the employer may not withhold annual wage increases from an employee simply because the employee has been determined eligible for a wage supplement.  The Department has the right to review books and records to verify that employee increases are not withheld.  If the Department determines that a child care employer has withheld annual increases to Great START participants, the employer shall be banned from participation in the program (i.e., that employer's employees cannot receive wage supplements under the program). The Department shall reinstate the employer in the program if the employer can establish compliance with this Subpart.

(Source:  Adended at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.550  Notification of Eligibility

The Department or its agents will notify applicants, in writing, of eligibility for the wage supplement within 60 days after receipt of the application.  Child care personnel that disagree with the eligibility determination may apply for reconsideration by writing to the Great START Director within 60 days after notification of the original determination.  Final decision on eligibility for the program will be made by the Great START Director after consultation with the Department or its designee.

(Source:  Amended at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.560  Phase-in of Wage Supplement Scale

a)         The wage supplement scale, as illustrated in Section 50.570, can not be implemented in full within the FY 2001 appropriation amount.  The Department will roll out the scale as outlined below. The applicant must specify what level and option he or she is applying for at the time of application. For FY 2001, child care personnel that meet or exceed the eligibility criteria defined in Section 50.530(a) may apply for a wage supplement for no less than the following parts of the scale:

1)         Level 2, option A;

2)         Level 2, option B;

3)         Level 2, option C;

4)         Level 4, option A (IDHS/INCCRRA approved certificates only);

5)         Level 6, option A;

6)         Level 9, option A;

7)         Level 10, option A.

b)         For FY 2002, child care personnel that meet or exceed the eligibility criteria in Section 50.530(a) and (b) may apply for a wage supplement for the parts of the scale identified in subsection (a) of this Section and no less than the following additional part of the scale:

1)         Level 1;

2)        Level 2, option D;

3)        Level 3, option C;

4)        Level 5, option C;

5)        Level 6, option B;

6)        Level 6, option E;

7)        Level 7, option C;

8)        Level 8, option B;

9)        Level 8, option C;

10)        Level 8, option D;

11)        Level 9, option B;

12)        Level 10, option B.

c)         For FY 2003, child care personnel that meet or exceed the eligibility criteria in Section 50.530(a) and (b) may apply for a wage supplement for the parts of the scale identified in subsections 50.560 (a) and (b) of this Section and no less than the following additional parts of the scale:

1)         Level 3, option A;

2)         Level 3, option B;

3)         Level 4, option B;

4)         Level 4, option C;

5)         Level 5, option A;

6)         Level 5, option B;

7)         Level 5, option D;

8)         Level 6, option C;

9)         Level 6, option D;

10)         Level 7, option A;

11)         Level 7, option B;

12)         Level 8, option A.

d)        After the initial application and wage supplement payment, child care personnel who remain at the same Great START level with the same employer will be eligible to receive a supplement on a continuing basis at 6-month intervals. In order to increase the amount of the wage supplement, a child care worker must move to another Great START level through increased educational attainment.

e)         After the initial application and receipt of the wage supplement, child care personnel who leave the employ of a child care facility to work for a different child care facility must work for the new employer for one continuous year before or she may reapply for subsequent wage supplement payments.

(Source:  Added at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.570  Wage Supplement Scale

All Assistants, Teachers, Family Child Care Providers, and Directors

To be eligible for the program, applicants must achieve a "C" or higher in all early childhood/child development coursework.

(Source:  Added at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.580  Evaluation

The Department shall evaluate the Great START Program, gather data on turnover rates, educational attainment, and other relevant issues and submit a report to the General Assembly on the Great START Program by December 31, 2002.

(Source:  Added at 25 Ill. Reg. 8176, effective June 23, 2001)

Section 50.610  Child Care Collaboration Program

a)         A Child Care Collaboration is defined as any braiding of Illinois child care subsidy funds or programs with other early childhood funds or programs to create higher quality full day, full year services for eligible families with young children.  The purposes of the Department's Child Care Collaboration Program are:

1)         to facilitate collaboration between Illinois child care and other early childhood programs; and

2)         to increase, through collaboration, the quality and quantity of early care and education for families in Illinois who are working and/or participating in an approved training/education program.

b)         Child care collaborative arrangements approved by the Department under this Section will benefit participating early childhood programs, children and families by providing a higher quality of care. Head Start, Illinois State Board of Education (ISBE) pre-kindergarten, and child care providers eligible under this Section must be able to demonstrate this increased quality of care.

c)         All Illinois early childhood programs using child care subsidy funds in collaboration with other funding, for example, Head Start or ISBE pre-kindergarten, must comply with this Section.

d)         The Department will approve child care collaborative arrangements under this Section provided:

1)         the provider can demonstrate how the collaboration improves the quality of care;

2)         children are served in one location for their full day of care;

3)         parent co-payments are collected and documented according to existing Child Care Rules (see Sections 50.310 and 50.320);

4)         the provider can demonstrate how the collaboration is coordinated with the broader local early childhood community and is based on community need;

5)         the provider is qualified and eligible to receive child care reimbursement (see Sections 50.240 and 50.410) and is a profit or non-profit early childhood center or licensed family child care home; and

6)         the provider is using a child care contract or a child care certificate.

e)         If the conditions of eligibility in subsection (d) of this Section are met and the collaboration is approved by the Department, eligibility will be determined in accordance with all current Child Care Rules (see Sections 50.230 and 50.235), as specified by this Part, with the following three exceptions:

1)         approved Child Care Collaboration Programs will determine child and/or family eligibility annually;

2)         approved Child Care Collaboration Programs will use a 90-day job loss grace period. Families are limited to one 90-day job search in any 12-month period; and

3)         children and/or families in approved Child Care Collaboration Programs will maintain indefinite eligibility for child care when the child's or family's participation in the collaboration is part of the current TANF Responsibility and Services Plan.

(Source:  Amended at 36 Ill. Reg. 12104, effective July 10, 2012)

Section 50.620  Approvable Models of Collaboration

a)         Approvable models of collaboration for the Child Care Collaboration Program include the following:

1)         Two or more center-based agencies.  Collaborative arrangements between child care and Head Start or ISBE pre-kindergarten centers in which services are provided and children receive their care in one location.

2)         Early childhood providers and family child care homes or networks.  Collaborative arrangements between child care and Head Start or ISBE pre-kindergarten programs using family child care homes and/or home networks in which services are provided and children receive their care in one location.

3)         One early childhood provider, two types of funding.  Child care and Head Start or ISBE pre-kindergarten programs that receive the other type of funding to provide services and children receive their care in one location.

4)         Use of child care certificates.  Collaborative arrangements in which Head Start or ISBE pre-kindergarten programs use the child care certificate system in which services are provided and children receive their care in one location.

b)         Approvable/Approved Child Care Collaboration Programs must demonstrate to the Department compliance with the qualifications outlined in Section 50.630(a) to be approved.

c)         Models of Child Care Collaboration that are not approvable under this Section include the following:

1)         any arrangements using child care subsidy funding in which children move during the day and are served in more than one location; or

2)         any collaborative arrangement using child care subsidy funding in which the provider cannot demonstrate the quality factors listed in Section 50.630(a).

(Source:  Added at 27 Ill. Reg. 12090, effective July 14, 2003)

Section 50.630  Requirements for Approval in the Child Care Collaboration Program

a)         To be approved by the Department as a Child Care Collaboration Program, providers must demonstrate all four of the following quality items to the Department.

1)         Programming Enhancements.  Providers must detail exactly how the collaboration improves or will improve the quality of early care and education including, but not limited to:  group size; improvements in staff qualifications, salary, and/or retention; enhanced curriculum, educational experiences, and outcomes for children; and comprehensive services, such as family support and health.

2)         Extended Service/Continuity of Care.  Providers must detail how the collaboration has extended service and how children have stability and continuity of care in location and staffing.

3)         Parent Share/Self-Sufficiency.  Providers must demonstrate that parent co-payments are being collected and documented, according to Department rule (see Sections 50.310 and 50.320), and how the funds are being used to enhance and/or supplement the collaboration program.

4)         Community Collaboration.  Providers must demonstrate how the collaboration is coordinated with the larger local early childhood community and how the collaboration is based on community need, including, but not limited to, how the slots are needed in the area, what other services are available, and how the collaboration coordinates or will coordinate positively with other providers.  This is especially critical in cases where one agency is collaborating both types of funding.

b)         The Department and/or its agents and/or staff will determine eligibility for participation in the Child Care Collaboration Program by reviewing and approving, if appropriate, all requests from providers.

(Source:  Added at 27 Ill. Reg. 12090, effective July 14, 2003)

Section 50.640  Notification of Eligibility

The Department or its agents will notify applicants, in writing, of their acceptance into the Child Care Collaboration Program, and subsequent eligibility to use the accompanying policies detailed in Section 50.610(e), within 60 days after receipt of the provider's application.  Providers that disagree with the eligibility determination may apply for reconsideration by writing to the Chief of the Department's Bureau of Child Care and Development at the Illinois Department of Human Services Child Care Bureau, 400 W. Lawrence, Springfield, Illinois 62762 within 60 days after notification of the original determination.  The Chief of the Department's Bureau of Child Care and Development will make the final decision on eligibility for the program.

(Source:  Amended at 36 Ill. Reg. 12104, effective July 10, 2012)

Section 50.650  Rules and Reporting for the Child Care Collaboration Program

a)         All approved Child Care Collaboration Programs will adhere to all Department rules governing the Illinois Child Care Subsidy Program with the following exceptions:

1)         eligibility for families in an approved Child Care Collaboration Program will be determined annually;

2)         families participating in an approved Child Care Collaboration Program will have a grace period of 90 days subsequent to loss of employment limited to one time in any 12-month period; and

3)         eligibility for care in an approved Child Care Collaboration Program will be indefinite when the child's or family's participation in the collaboration is part of their current TANF Responsibility and Services Plan.

b)         Approved Child Care Collaboration Programs must maintain their quality standards as specified in Sections 50.610(a) and 50.630(a).

c)         All Department-approved Illinois Child Care Collaboration Programs will comply with the following reporting and documentation items:

1)         accurate completion of the Department's current Child Care Application for each collaboration family, with the appropriate place marked that indicates the family's participation in an approved collaboration; and

2)         submittal of an annual report to the Department, using a form to be specified by the Department.

(Source:  Amended at 36 Ill. Reg. 12104, effective July 10, 2012)

Section 50.710  Gateways to Opportunity, the Illinois Professional Development System

a)         Subject to the availability of funds, the Department, through its agents, shall administer Gateways to Opportunity.

b)         Gateways to Opportunity is a professional development system designed to support a diverse, stable and quality workforce for settings serving children, youth and families specifically to:

1)         Enhance the quality of services for children, youth and families;

2)         Increase positive outcomes for children, youth and families;            

3)         Advance the availability of coursework and training related to quality services for children, youth and families; and

4)         Identify Core Professional Knowledge for practitioners in settings serving children, youth and families.

c)         The Department shall award Gateways to Opportunity Credentials to early care and education, school-age, youth development, and family support practitioners through two application routes, as outlined in Section 50.730.

(Source:  Added at 36 Ill. Reg. 16085, effective October 29, 2012)

Section 50.720  Gateways to Opportunity Credentials

Credentialing, as set forth by this Part, is only for the purpose of validating an individual's qualifications.  Credentials are awarded based on a variety of professional achievements in field experience, knowledge and skills, educational attainment and/or training accomplishments.

a)         Gateways to Opportunity Early Care and Education (ECE) Credential

The ECE Credential is designed to identify and validate skills necessary to work in high quality early care and education programs.  It is awarded based on educational and professional achievement in services for young children ages birth to eight years.  The ECE Credential shall have six levels and each will be awarded for increasing acquisition of education and skills, including college coursework specifically related to the early development and learning of children ages birth to eight years.

b)         Gateways to Opportunity Illinois Director Credential

The Illinois Director Credential is designed to identify and validate the skills necessary to administer high quality early childhood and/or school age care programs.  It is awarded based on educational and professional achievement in the administration of early childhood and school age programs.  The Illinois Director Credential shall have three levels and each will be awarded for increasing complexity of education and skills, including college coursework specifically related to the development of children ages birth to 12 years and program management.  

c)         Gateways to Opportunity Infant/Toddler Credential

The Infant/Toddler Credential is designed to identify and validate the skills necessary to work in high quality programs serving infants and toddlers ages birth to three years.  It is awarded based on educational and professional achievement in infant/toddler services.  The Infant/Toddler Credential shall have five levels and each will be awarded for increasing acquisition of education and skills, including college coursework specifically related to the care and development of children ages birth to three years.

d)         Gateways to Opportunity School-Age/Youth Development Credentials

The School-Age/Youth Development Credentials are designed to identify and validate the skills necessary to work in high quality programs serving school-age children and youth ages five to 20 years.  It is awarded based on educational and professional achievement in services for school-age children and youth.  The School-Age/Youth Development Credentials shall have at least three levels, each being awarded for increasing acquisition of education and skill, including college coursework specifically related to the development of children and youth ages five to 20 years.

e)         Gateways to Opportunity Family Specialist Credential

The Family Specialist Credential is designed to identify and validate the skills necessary to work in high quality family support service programs.  It is awarded based on educational and professional achievement in services for families.  The Family Specialist Credential shall have at least three levels, each being awarded for increasing acquisition of education and skill, including college coursework specifically related to services for families.

f)         Gateways to Opportunity Family Child Care Credential

The Family Child Care Credential is designed to identify and validate the skills necessary to work in high quality family child care homes.  The credential is awarded based on educational and professional achievement in family child care.  The Family Child Care Credential shall have at least three levels, each being awarded for increasing acquisition of education and skill, including college coursework specifically related to family child care.

(Source:  Added at 36 Ill. Reg. 16085, effective October 29, 2012)

Section 50.730  Application for Credentials

a)         The Gateways to Opportunity Credentials shall be available through two application routes:

1)         The Direct Route Application Process

The applicant submits an application, college transcripts, and a portfolio verifying experience and professional contributions to the Gateways to Opportunity Credential Office.

2)         The Entitled Route Program

The applicant successfully completes approved college coursework that covers the Core Professional Knowledge for each specific credential at the entitled education institution.  An entitled education institution is a college or university that has aligned its coursework with specific credential benchmarks based on State and national standards identified in Section 50.750(c) and meets additional credential requirements through coursework.  Applicants can find additional information about entitled education institutions at:  http://www.ilgateways.com/en/gateways-credential-entitlement-information.

b)         The applicant shall be responsible for providing all information and documentation required to demonstrate his or her qualifications for a particular credential to the Gateways to Opportunity Credential Office, specifically: 

1)         a Credential Application, available from the Gateways to Opportunity Credential Office, 1226 Towanda Plaza, Bloomington, Illinois 61701;

2)         official college transcripts from the higher education institutions; and

3)         a portfolio verifying experience and professional contributions.

c)         The Gateways to Opportunity Credential Application can be accessed at: www.ilgateways.com/en/participant-application.

d)        The information and documentation identified in Section 50.730(b) is reviewed according to the appropriate Credential Framework (see Section 50.740) that can be found at http://www.ilgateways.com/en/gateways-to-opportunity-credentials.

e)         The Department or its agents will notify applicants, in writing, of eligibility for a credential within 60 days after receipt of all required documentation.  Applicants that disagree with the credential determination may request reconsideration by writing to the IDHS Bureau of Child Care and Development (BCCD), 400 W. Lawrence, Springfield, Illinois 62762, within 60 days after notification of the original determination.  The final decision on eligibility for credentials will be made by the Child Care Professional Development Manager in consultation with the BCCD Bureau Chief.  The criteria used during reconsideration by DHS' Bureau of Child Care and Development will be the same Credential Framework used to determine eligibility.  The Credential Framework is located in Section 50.740 and on the GTO website at http://www.ilgateways.com/en/gateways-to-opportunity-credentials.

(Source:  Added at 36 Ill. Reg. 16085, effective October 29, 2012)

Section  50.740  Framework for Gateways to Opportunity Credentials

a)         The framework for each Gateways to Opportunity Credential outlines what an applicant (direct route and entitled route) needs to have in order to obtain a credential.  Each Credential Framework has four components:

1)         General education.  An individual's general level of education has been shown to be a strong predictor for high-quality educational practices and services to children, youth and families.

2)         Education and training specific to each credential.  In order to be strong practitioners, a strong foundation in the fundamentals of coursework specific to each credential is needed.

3)         Work and practical experience specific to each credential.  On-the-job experience provides a basis for evaluating effective practices.

4)         Professional contributions specific to that credential.  Effective practitioners demonstrate leadership through active engagement in professional endeavors beyond the scope of their job descriptions.

b)         Specific information about the framework components for each credential can be found at: http://www.ilgateways.com/en/gateways-to-opportunity-credentials, or by contacting: Gateways to Opportunity, 1226 Towanda Plaza, Bloomington, Illinois 61701.

c)         Review of the Credential Framework

1)         The framework for each credential will be reviewed every five years.

2)         The review shall include, but not be limited to, the following areas:

A)        Alignment with related professional standards;

B)        Availability of related coursework statewide; and

C)        Relevance of the professional contributions.

(Source:  Added at 36 Ill. Reg. 16085, effective October 29, 2012)

Section 50.750  Professional Knowledge

Professional knowledge identifies what all adults who work with children, youth and families need to know, understand and be able to demonstrate to support children's and youth's development, school readiness, school success, families' development, self-sufficiency and well-being.  This knowledge is divided into content areas.

a)         Content Areas

1)         The content areas represent traditional subject areas and identify the range of observable skills that adults need to facilitate learning and development.  The content areas for each credential remain the same for all levels of training, education and role responsibilities.  The content areas for Gateways to Opportunity Credentials include, but are not limited to:

A)        Human growth and development;

B)        Health, safety and nutrition;

C)        Observation and assessment;

D)        Curriculum or program development;

E)        Interactions and environments;

F)         Family and community relationships; and

G)        Personal and professional development.

2)         Additional information about the Gateways to Opportunity Credential Content Areas can be found at:  http://www.ilgateways.com/en/higher-education-institution-faculty-and-programs, or by contacting:  Gateways to Opportunity, 1226 Towanda Plaza, Bloomington, Illinois 61701.

b)         Competency Levels

The benchmarks for each content area in all Gateways to Opportunity Credentials are set at levels that increase in complexity according to the specific educational and professional achievement.  Professionals are awarded credentials at the level that matches their educational and professional attainment.

c)         Alignment with other Professional Standards

1)         The knowledge, skills and disposition indicators for adults working with children and youth align with other sets of recognized professional standards for early childhood and school-age care programs, such as, but not limited to:

A)        The Illinois Professional Teaching Standards (IPTS) (see 105 ILCS 5/21-0.01) and 23 Ill. Adm. Code 24 (http://www.isbe.net/profprep.PDFs/ipts.pdf);

B)        The Illinois Early Childhood Education Content-Area Standards (http://www.isbe.net/earlychi/pdf/early_learning_standards.pdf);

C)        The Professional Standards for Teacher Preparation by the National Association for the Education of Young Children (http://www.naeyc.org/faculty/pdf/2002.pdf and http://www.naeyc.org/faculty/pdf/2003.pdf); and

D)        The Council on Accreditation's Afterschool Standards (http://www.coaafterschool.org/standards.php).

2)         The knowledge, skills and dispositions for adults working with families align with other sets of recognized professional family support services standards, such as, but not limited to:

A)        ACF Office of Head Start Competency Goals and Indicators (http://eclkc.ohs.acf.hhs.gov/hslc/Family_and_Community_ Partnerships);

B)        Family and Community Development Credential (http://www.iacaanet.org/pdi.php); and

C)        Cornell University Family Development Credential (http://www.human.cornell.edu/HD/FDC).

(Source:  Added at 36 Ill. Reg. 16085, effective October 29, 2012)

Section 50.760  Gateways to Opportunity Registry

a)         The Gateways to Opportunity Registry is a tool that tracks the characteristics and ongoing professional development of the workforces identified in this subsection (a), recognizes those attainments and identifies approved courses/training and trainers.

1)         Early Childhood Care and Education

2)         School Age

3)         Youth Development

b)         Gateways to Opportunity Registry Membership

1)         Anyone working with or on behalf of children, youth and families can become a member of the Gateways to Opportunity Registry by completing the online application at http://www.ilgateways.com/registry-membership.

2)         Membership is renewed annually in order to keep workforce data current.

c)          Professional Development Record

1)         The Professional Development Record (PDR) reports an individual Registry member's education, credentials/certificates, and trainings attended in the reporting period.

2)         The PDR can be printed at any time from a secure website by the Registry member only.

d)         Statewide Online Training Calendar

1)         The Statewide Online Training Calendar lists professional development events (e.g., workshops, conferences and training series) that practitioners may attend in order to meet licensing  requirements, obtain credentials, etc.

2)         The Statewide Online Training Calendar can be found at http://www.ilgateways.com/en/statewide-online-training-calendar.

(Source:  Added at 36 Ill. Reg. 16085, effective October 29, 2012)

Section 50.800  Purpose

The purpose of this Subpart is to prescribe the staff qualifications and training standards for school-age programs or portions of programs that do not receive State or federal funds.

(Source:  Added at 42 Ill. Reg. 8491, effective May 8, 2018)

Section 50.810  Applicability

The staff qualifications and training standards contained in this Subpart shall only apply to school-age programs or portions of programs that do not receive State or federal funds pursuant to Section 2.09 of the Child Care Act of 1969 [225 ILCS 10].

(Source:  Added at 42 Ill. Reg. 8491, effective May 8, 2018)

Section 50.820  Staff Qualifications for License Exempt School-Age Providers

Provider's staff members must have the appropriate level of professional and educational experience to work with school-age youth. 

a)         An Administrator or a Program Director must possess the following qualifications:

1)         A Bachelor's Degree and at least 1 year's experience working with school-age youth in the areas of child development, recreation, education or related fields;

2)         An Associate's Degree and at least 3 years' experience working with school-age youth in the areas of child development, recreation, education or related fields; or

3)         A High School Diploma or a GED and at least 5 years' experience working with school-age youth in the areas of child development, recreation, education or related fields.

b)         The provider must meet the following requirement if the provider is employing a Site Coordinator, a Site Director, or any other staff member, excluding a Student Aide (as described in subsection (c)):

1)         An Administrator or Program Director must be on the provider's premises if the Site Coordinator, Site Director, or any other staff member other than a Student Aide is less than 18 years old or does not have a High School Diploma or GED; or

2)         An Administrator or Program Director is not required to be on the provider's premises if the Site Coordinator, Site Director, or any other staff member other than a Student Aide is at least 18 years old or has a High School Diploma or GED.

c)         A Student Aide must be at least 14 years old and be supervised by a staff member of a higher classification. 

d)         All providers, providers' staff, subcontractors and volunteers working or volunteering at license-exempt school-age providers must undergo appropriate background checks, including CANTS clearances in accordance with child care program policies (89 Ill. Adm. Code 50.430).

e)         Providers must maintain the minimum staff to child ratio and maximum group size prescribed in 89 Ill. Adm. Code 407.190 for school-age children in day care facilities.

(Source:  Added at 42 Ill. Reg. 8491, effective May 8, 2018)

Section 50.830  Training Standards for License Exempt School-Age Providers

Staff members shall undergo an initial orientation and annual trainings.

a)         The provider shall provide an initial orientation training to all new staff members, including full-time and part-time employees, seasonal employees, and volunteers during their first year of employment. 

1)         The initial orientation shall cover topics appropriate to the staff member's job responsibilities.

2)         The provider shall provide DCFS-approved Mandatory Reporter Training to all staff members in accordance with Section 1-11.5 of the Abused and Neglected Child Reporting Act.

b)         The provider shall provide an annual training to all non-seasonal staff members, including full-time and part-time employees, after their first year of employment. 

1)         Staff members are required to complete at least 4 hours of training annually, after their first year of employment. 

2)         The training may cover topics regarding program management, program administration, conflict, cultural competency, guidance, discipline, and other areas as determined by the provider to be relevant to the staff member's job responsibility. 

(Source:  Added at 42 Ill. Reg. 8491, effective May 8, 2018)

Section 50.900  Purpose

The purpose of the Child Care Restoration Grant Program 2021 (Program) is to provide financial support to child care businesses that have experienced interruption of business or loss of enrollment or other adverse conditions attributable to the COVID-19 public health emergency.   Financial assistance provided through the Program established in this Part shall be consistent with the requirements of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA) (P.L. 116-260) and any other applicable federal and State laws pertaining to COVID-related programs. The provision of support to for-profit and not-for-profit child care businesses that have experienced adversity attributable to the COVID-19 epidemic is a necessary response to the public health emergency. Financial assistance shall be prioritized for communities most in need of assistance, as determined by numbers or rates of infection and economic measures identified in this Part.

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.910  Eligible Child Care Provider 

To qualify for a Child Care Restoration Grant 2021, the applicant must be a child care provider that received a grant through the Department of Economic Opportunity Business Interruption Grant Program (20 ILCS 605/605-1050, 14 Ill. Adm. Code 690, Subpart C) or meet all five of the following requirements:

a)         be a licensed child care provider holding a valid day care license from DCFS (see 89 Ill. Adm. Code 406, 407 or 408) or be a license-exempt center serving school age children and operating in accordance with DCFS exemptions (see 89 Ill. Adm. Code Part 377.3);

b)         regularly provide year-round child care services;

c)         typically rely on private-pay tuition receipts and/or payments through DHS' Child Care Assistance Program (CCAP (see 89 Ill. Adm. Code 50)) for at least 25% of its revenues;

d)         be open and receiving children at the time of application; and

e)         certify that its operating capacity has been reduced and/or costs have been increased because of COVID-19 restrictions.

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.920  Calculation of Child Care Restoration Grant Award Amounts

a)         Licensed Centers will receive a grant amount based on the following factors:

1)         The licensed capacity of the applicant, as indicated on its day care license as of March 1, 2020.  If the applicant received its license after March 1, 2020, then its grant award amount will be determined based on its licensed capacity as of the date of its application.

2)         The applicant's current Circle of Quality in the ExceleRate Illinois Quality Rating and Improvement System (see 23 Ill. Adm. Code 235.65).

3)         The CCAP county grouping in which the applicant is located.

b)         Licensed Family Child Care Homes and Licensed Group Day Care Homes will receive a grant amount based on the following:

1)         The licensed capacity of the applicant, as indicated on its day care license as of March 1, 2020.  If the applicant received its license after March 1, 2020, then its grant award amount will be determined based on its licensed capacity as of the date of its application.

2)         The applicant's current Circle of Quality in the ExceleRate Illinois Quality Rating and Improvement System (see 23 Ill. Adm. Code 235.65).

c)         License-exempt centers will receive a flat amount based on the child capacity of the applicant as indicated on the Illinois Data Tracking Program (statewide data system used to track and report on activities and supports funded through the Child Care and Development Fund and directed by DHS) at the time of application.

d)         The following applies to all applicants:

1)         If an applicant is in a disproportionately impacted area, its grant amount will be increased by 10%.

2)         The Department intends to issue funds beginning in April 2021. Funding amounts are subject to change based on any change in federal or state funding of the Program or federal regulation of the program and are subject to availability of a sufficient appropriation.

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.930  Eligible Expenses

a)         Grant awards may be used to cover any operational cost that is not otherwise covered by a grant or refundable loan from any source (e.g., Paycheck Protection Program, Economic Disaster Injury Loan, other disaster relief, Head Start or Early Head Start, Early Childhood Block Grant, philanthropic grants) and eligible for reimbursement through federal coronavirus relief funds authorized by the CRRSAA or the American Rescue Plan Act of 2021 (P.L. 117-2).

b)         Examples of eligible operational costs include, but are not limited to, staff wages and benefits, occupancy costs, materials and supplies, and professional services.

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.940  Reporting Requirements

a)         Program participants shall provide expenditure reports documenting how grant funds were used.  Reporting will be in a format determined by DHS.  Participants will be notified of the submission schedule for expenditure reports after funds have been awarded.  Documented expenses will be reconciled with grant funds received on a quarterly basis. 

b)         Program participants shall provide a final expenditure report of all grant funds by the 15^th of the month following the month of termination of the award.

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.950  Monitoring

Program participants may be monitored by the Department or its Qualified Partners as defined in 14 Ill. Adm. Code 690.20 to ensure that funds are spent as specified in the certification. Monitoring may include desk reviews and on-site reviews of the program participant. 

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.960  Qualified Partners

a)         The Department may enter into grant agreements, contracts, or intermediary agreements with qualified partners to implement the Program.  The nature of the services provided by the qualified partner shall determine whether the arrangement is a grant, procurement, or other relationship.  The Department may award grants to qualified partners to provide financial assistance to qualifying businesses or contract with qualified partners to secure services to implement the Program.

b)         An Agreement with a qualified partner shall specify the qualified partner's responsibility, if any, for determining eligibility for financial assistance and monitoring participants for compliance with program requirements. 

c)         Nothing in this Part shall restrict the Department from securing services from entities other than qualified partners to assist in implementing the Program.

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.970  Identifying Disproportionately Impacted Areas

The Department will utilize the Department of Commerce and Economic Opportunity's (DCEO) determination of which zip codes constitute disproportionately impacted areas as defined in 14 Ill. Adm. Code 690.20 based on available COVID-19 case information and economic data at the time it announces the funding opportunities under the Program.  Areas may be added or removed from prioritization based on changes in relative COVID-19 rates and economic distress.

(Source:  Added at 45 Ill. Reg. 11057, effective August 26, 2021)

Section 50.1000  Purpose

The purpose of the Child Care Workforce Bonus Program is to provide bonuses to the child care workforce who provide essential services during the COVID-19 public health emergency.  Bonus awards provided through the Program established in this Part shall be consistent with the requirements of the American Rescue Plan Act of 2021 (P.L. 117-2), the Grant Accountability and Transparency Act [30 ILCS 708], the Grant Funds Recovery Act [30 ILCS 705], the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), and any other applicable federal and State laws pertaining to COVID-related programs, and will be disbursed subject to appropriation and the availability of grant funds.

(Source:  Added at 46 Ill. Reg. 4928, effective February 24, 2022)

Section 50.1010  Eligible Child Care Provider

To qualify for a bonus award under the Child Care Workforce Bonus Program, the applicant must meet all four of the following requirements:

a)         be either:

1)         a licensed child care provider holding a valid day care license from DCFS (see 89 Ill. Adm. Code 406, 407 or 408) as of March 11, 2021 and ongoing; or

2)         either a license-exempt center serving school age children or a license-exempt family child care home, operating in accordance with DCFS exemptions (see 89 Ill. Adm. Code 377.3) and receiving payments through DHS' Child Care Assistance Program;

b)         regularly provide year-round child care services;

c)         meet provider-specific DHS health and safety training requirements, including Training for Mandated Reporters, First Aid, and age-appropriate CPR (see 45 CFR 98.41 and 89 Ill. Adm. Code 50.830); and

d)         be open and receiving children at the time of application.

(Source:  Added at 46 Ill. Reg. 4928, effective February 24, 2022)

Section 50.1020  Calculation of Child Care Workforce Bonus Award Amounts

Award amounts under the Child Care Workforce Bonus Program will be calculated based on:

a)         Licensed child care centers and licensed child care homes: The number of staff employed by the applicant, as calculated from the current classroom staff associated with the facility in the Gateways to Opportunity Registry, and an estimate of additional staff not captured in the Gateways to Opportunity Registry based on DCFS licensed capacity of the applicant.

b)         License-exempt child care centers: The average number of children funded through the Child Care Assistance Program and enrolled in the center will serve as a basis to estimate the number of staff employed by the license-exempt center and the total award amount.

c)         License-exempt family child care homes: Award amounts will be provided for the sole child care provider comprising the staff of a license-exempt family child care home.

(Source:  Added at 46 Ill. Reg. 4928, effective February 24, 2022)

Section 50.1030  Eligible Expenses

a)         Bonus awards must be used to provide additional compensation for employees in the form of a one-time bonus or recurring bonuses to on-site staff in the program who are employed or hired during the award period extending from time of application through April 30, 2022.

b)         Bonus awards may also be used to cover State or federal taxes related to bonus payments.

c)         Award funds must be distributed by applicant to employees by June 30, 2022.

(Source:  Added at 46 Ill. Reg. 4928, effective February 24, 2022)

Section 50.1040  Reporting Requirements

a)         Program participants shall provide expenditure reports documenting how bonus award funds were used. Reporting will be in a narrative format. Participants will be notified of the submission schedule and means of submitting expenditure reports after funds have been awarded. Documented expenses will be reconciled with bonus award funds.

b)         Program participants shall provide a final expenditure report of all bonus award funds to the Department by July 15, 2022.

(Source:  Added at 46 Ill. Reg. 4928, effective February 24, 2022)

Section 50.1050  Monitoring

Program participants may be monitored by the Department or its Qualified Partners to ensure that funds are spent as specified in Section 50.1030. Monitoring may include desk reviews and on-site reviews of the program participant.

(Source:  Added at 46 Ill. Reg. 4928, effective February 24, 2022)

Section 50.1060  Qualified Partners

a)         The Department may enter into grant agreements or contracts with Qualified Partners as defined in 14 Ill. Adm. Code 690.20 to implement the Program. The Department may award grants to Qualified Partners to provide bonus awards to eligible child care providers or contract with Qualified Partners to secure services to implement the Program.

b)         An agreement with a Qualified Partner shall specify the Qualified Partner's responsibility, if any, for determining child care provider eligibility to receive a bonus award and monitoring participants for compliance with program requirements.

c)         Nothing in this Part shall restrict the Department from securing services from entities other than Qualified Partners to assist in implementing the Child Care Workforce Bonus Program.

(Source:  Added at 46 Ill. Reg. 4928, effective February 24, 2022)

Section 50.1100  Purpose

The purpose of the Smart Start Transition Grants Program ("Program") is to provide child care programs with the stable funding needed to recruit and retain workers and to improve child care quality. These awards will provide additional support so that programs can make personnel and workforce investments beyond the reach of current operating budgets and shall be consistent with the requirements of the American Rescue Plan Act of 2021 (ARPA) (P.L. 117-2), the Grant Accountability and Transparency Act [30 ILCS 708], the Grant Funds Recovery Act [30 ILCS 705], the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), and any other applicable federal and State laws pertaining to COVID-19-related programs.  Awards will be disbursed subject to appropriation and the availability of grant funds.

(Source:  Amended at 48 Ill. Reg. 2159, effective January 24, 2024)

Section 50.1110  Eligible Child Care Provider

To qualify for a Smart Start Transition Grant, the applicant must meet all of the following requirements:

a)         be a licensed child care provider holding a valid day care license from DCFS (see 89 Ill. Adm. Code 406, 407 or 408) as of June 1, 2023 and ongoing;

b)         operate full-day and full-year, defined as offering at least eight consecutive hours of care per day, five days per week, for at least 47 weeks per year;

c)         have, for at least one month and time after December 31,2019, enrolled a number of children equal to or greater than 10% of its total licensed capacity subsidized through DHS' Child Care Assistance Program (CCAP) (see 89 Ill. Adm. Code 50);

d)         typically rely on payments through Preschool for All, Prevention Initiative, Head Start, and/or Early Head Start for no more than 75% of its revenues;

e)         be open and receiving children at the time of application, not including temporary closures of no more than two weeks due to COVID-19;

f)         be current in the Registry Director portal (for additional information or to request access to the portal, contact the Illinois Gateways Registry Help Desk or complete and submit the Authorized Program Contact Access Request Form found on the Illinois Gateways to Opportunity website); and

g)         have complete and accepted reporting for all previously-received federal relief child care grants, including, but not limited to, Child Care Restoration Grants, Child Care Workforce Bonus, and Strengthen and Grow Child Care Grants.

(Source:  Amended at 48 Ill. Reg. 2159, effective January 24, 2024)

Section 50.1120  Calculation of Smart Start Transition Grant Award Amounts

a)         Award amounts will be based on the following factors:

1)         The licensed capacity of the applicant, as indicated on its day care license, as of the date of application.

2)         For child care centers, the number of classrooms, as indicated on the program's application.

3)         The Social Vulnerability Index 2020 score (see Section 50.1180) of the census tract in which the applicant is located at the time of application review.

b)         Funding amounts are subject to change based on any change in available funding of the Program or federal regulation of the program and are subject to availability of a sufficient appropriation.

(Source:  Amended at 48 Ill. Reg. 2159, effective January 24, 2024)

Section 50.1130  Eligible Expenses

a)         Awards may be used to cover any operational cost that is not otherwise covered by a tax credit, grant, or refundable loan from any source (e.g., Paycheck Protection Program, Economic Disaster Injury Loan, other disaster relief, Head Start or Early Head Start, Early Childhood Block Grant, philanthropic grants) and must be eligible for reimbursement through the Coronavirus Response and Relief Supplemental Appropriations Act funding and/or the American Rescue Plan Act funding designated for child care.  Federal guidance concerning eligible operational costs can be accessed at https://www.acf.hhs.gov/sites/default/files/documents/occ/CCDF-ACF-IM-2021-02.pdf.

b)         Examples of eligible operational costs include, but are not limited to: existing staff wages and benefits, occupancy costs, materials and supplies, and professional services.

c)         Beneficiaries must spend 75% of the total amount awarded on new or expanded investments related to personnel, which include but are not limited to: increases in compensation for any staff in a child care center or family child care home, inclusive of premium or hazard pay or ongoing/recurring staff bonuses; expansion of existing health, dental, and vision insurance, or purchase of new insurance for staff; new or expanded scholarships; new or expanded paid sick or family leave; new or expanded retirement contributions; new or expanded professional development or training; support for staff to access COVID-19 vaccines, including paid time off for vaccine appointments and to manage side effects, as well as transportation costs to vaccine appointments; recruiting and retaining existing and former child care workers and strengthening the diversity of the workforce to meet children's and families' needs, including recruitment and retention bonuses; new or expanded infant and early childhood mental health consultation; or new or expanded mental health consultations for staff and other types of mental health supports to staff.

(Source:  Amended at 48 Ill. Reg. 2159, effective January 24, 2024)

Section 50.1140  Application Requirements

a)         Program applicants shall provide an attestation certifying, at a minimum, that their child care meets all eligibility requirements.

b)         Program applicants and participants shall provide a budget, detailing a plan for spending their beneficiary payment and on which eligible expenses funds will be expended.

c)         A new grant application, attestation, and budget must be submitted quarterly, in advance of receipt of funds.

(Source:  Amended at 48 Ill. Reg. 2159, effective January 24, 2024)

Section 50.1150  Reporting Requirements

a)         Program participants shall provide expenditure reports documenting how award funds were used.  Reporting will be in a format determined by DHS.  Participants will be notified of the submission schedule for expenditure reports after funds have been awarded.  Documented expenses will be reconciled, on a quarterly basis, with award funds received.

b)         Program participants shall provide a final expenditure report of all award funds by the 15^th of the month following the month of termination of the quarterly award.

(Source:  Added at 46 Ill. Reg. 7732, effective April 26, 2022)

Section 50.1160  Monitoring

Program participants may be monitored by the Department or its Qualified Partners to ensure that funds are spent as specified in Section 50.1130. Monitoring may include desk reviews and on-site reviews of the program participant.

(Source:  Added at 46 Ill. Reg. 7732, effective April 26, 2022)

Section 50.1170  Qualified Partners

a)         The Department may enter into grant agreements or contracts with Qualified Partners, as defined in 14 Ill. Adm. Code 690.20, to implement the Program.  The Department may award grants to Qualified Partners to provide awards to eligible child care providers or contract with Qualified Partners to secure services to implement the Program.

b)         An agreement with a Qualified Partner shall specify the Qualified Partner’s responsibility, if any, for determining child care provider eligibility to receive an award and for monitoring participants for compliance with program requirements.

c)         Nothing in this Part shall restrict the Department from securing services from entities other than Qualified Partners to assist in implementing the Program.

(Source:  Added at 46 Ill. Reg. 7732, effective April 26, 2022)

Section 50.1180  Identifying Social Vulnerability Index Priority Areas

The Department will utilize the most recent data indicating the Social Vulnerability Index of a census tract to determine which census tracts constitute areas that face economic hardships and therefore qualify for additional funding. The Social Vulnerability Index is defined as the Centers for Disease Control measure that uses U.S. Census data to determine the relative social vulnerability of every census tract in the United States. The index is used to identify communities that may need support before, during, or after public health emergencies and other disasters. Areas may be added or removed from prioritization based on available data.

(Source:  Added at 46 Ill. Reg. 7732, effective April 26, 2022)

Section 50.1210  Intentional Program Violations and Fraud

a)         Child care providers whose employees are covered by a collective bargaining agreement with DHS shall refer to the relevant agreement, rather than the procedure outlined in this Section.

b)         An intentional program violation occurs when:

1)         Parents or other relatives knowingly provide false or misleading statements, or engage in misrepresentation, concealment, or withholding of relevant facts or information; or

2)         Parents or other relatives or child care providers knowingly fail to comply with the requirements of the Child Care Assistance Program as stated in 45 CFR 98.20 and 98.21 and 89 Ill. Adm. Code 50.110, 50.210, and 50.230.

c)         An intentional program violation may include, but is not limited to:

1)         Providing false employment information, including concealing employment or neglecting to report change in employment or job loss;

2)         Providing false information regarding wages or other income;

3)         Misrepresenting or failing to disclose household membership;

4)         Falsifying eligibility documentation or information;

5)         Claiming child care assistance for care provided by an ineligible provider;

6)         Claiming child care assistance for care provided by an eligible provider without the authority to do so;

7)         Misrepresenting the amount of child care needed or used;

8)         Falsifying sign-in/sign-out records;

9)         Inaccurate reporting of child care provider licensing status;

10)         Failure to disclose child care provider relationship to the children or the location at which care is provided;

11)         Billing for days of care that were not provided;

12)         Failure to comply with required Health and Safety training requirements as stated in 45 CFR 98.41 and 89 Ill. Adm. Code 50.830;

13)         Failure to comply with licensing or monitoring requirements as stated in 89 Ill. Adm. Code 406, 407 and 408; or

14)        Failure to establish and comply with a repayment plan for an improper payment.

d)         For the purposes of this Part, fraud is defined as an offense committed by any person or persons who scheme to deceive, falsify, conceal, create, or cover up material facts to receive child care benefits or to financially gain or profit from the Child Care Assistance Program.  The offense must be committed willfully and knowingly.  Examples of fraud include, but are not limited to:

1)         Manufacturing paystubs, income information, school registration, grades, or educational schedules;

2)         Creating fictitious children;

3)         Creating fictitious child care settings; or

4)         Creating and participating in a conspiracy/scheme with other parents or other relatives and/or child care providers to defraud the State for financial gain.

(Source:  Added at 47 Ill. Reg. 110, effective December 20, 2022)

Section 50.1220  Improper Payments and Sanctions

a)         Child care providers whose employees are covered by a collective bargaining agreement with DHS shall refer to the relevant agreement, rather than the procedure outlined in this Section.

b)         The Department has the discretion to impose sanctions upon parents or other relatives or child care providers that commit an intentional program violation or an act of fraud in an effort to obtain eligibility, benefits, or financial gain or profit from the Child Care Assistance Program to which they would otherwise not be entitled (see 45 CFR 98.68).  The Department shall take into consideration the nature of the offense, whether or not an improper payment was made, the amount of the improper payment, and the length of time over which the offense occurred when determining the level of sanction to be imposed (see subsection (c)(1)).

c)         The Department's Division of Early Childhood is responsible for the detection, prevention, reduction, and identification of intentional program violations or fraud by parents or other relative recipients of child care benefits and child care providers.  All cases of suspected intentional program violations or fraud will be referred to the Division for investigation which may lead to the recovery of improper payments, sanctions, and/or criminal prosecution.  Depending on the nature of the violation, the Division may refer cases to the Department of Healthcare and Family Services' Bureau of Investigations or the State of Illinois Office of the Executive Inspector General for additional review and potential prosecution as determined by the Office of the Attorney General. 

1)         The Division may impose any of the following sanctions on parents or other relatives or child care providers for a first-time offense:

A)        If there is no improper payment involved, issue a warning and require a counseling/educational session on program rules and requirements.

B)        Require repayment of improper child care assistance payments.

C)        Require repayment of the child care assistance payment; and

i)          Suspend the parent or other relatives from the program for one year; or

ii)         Suspend the child care provider from new case approvals for one year.

D)        Require repayment of the improper payment and terminate the parent or other relative and/or the child care provider from the Child Care Assistance Program permanently.

2)         If the parent or other relative commits a second intentional program violation, the Division will require repayment of all child care assistance payments related to the violation and the parent or other relative will be permanently terminated from the Child Care Assistance Program.

3)         If a child care provider commits a second intentional program violation, the Division will require repayment of all child care assistance payments related to the violation and the provider will be permanently terminated from the Child Care Assistance Program.

4)         Families who are receiving TANF (and their child care providers) and have child care listed as a required activity on their Responsibility and Service Plan are exempted from suspension or termination.

(Source:  Added at 47 Ill. Reg. 110, effective December 20, 2022)

Section 50.1230  Hearing Process for Parents or Other Relatives

In accordance with 89 Ill. Adm. Code 14 and 89 Ill. Adm. Code 50.110(a), persons receiving a notice of intentional program violations or fraud of child care services can request hearings disputing the determination of the intentional violation or fraudulent action.

a)         Notification of all sanction actions will be sent to the parent or other relative and the Division of Early Childhood by the Department or its agents.  The notification will include a description of the violation and the statute or administrative rule that has been violated and the instructions for filing an appeal.

b)         The request for an appeal must be filed with the Division of Early Childhood, its child care agents, or the DHS Bureau of Hearings within 60 days of the date on the notification that was mailed to the affected party.  Appeal requests may be filed at https://abe.illinois.gov/abe/access/appeals.

c)         The Bureau of Hearings will give reasonable notice to the parent or other relative and the Division of Early Childhood in writing that a hearing has been scheduled.  This notice shall be provided at least 10 calendar days prior to the hearing.

d)         The Department shall have the responsibility at the hearing to prove, by a preponderance of the evidence, that the parent or other relative committed an intentional program violation or fraud.

e)         The hearing shall not be bound by common law or statutory rules of evidence, nor by technical or formal rules of procedure, but shall be conducted in a manner best calculated to conform to substantial justice (see 89 Ill. Adm. Code 14.23, Evidentiary Requirements).

f)         A hearing will not be adjourned until the Hearing Officer has received all information agreed upon within the time the parent or other relative and the Department and/or its agents have agreed to provide it.

g)         Following the hearing, a Final Administrative Decision will be made by the Secretary that either upholds or does not uphold the program violation and associated sanctions or determines that the Department lacks jurisdiction.  A copy of the decision shall be mailed to the parent or relative and any representative.

h)         A Final Administrative Decision is reviewable only through the Circuit Courts of the State of Illinois under the Administrative Review Law [735 ILCS 5/3-101].

i)          After a Final Administrative Decision is released, no petition for rehearing or reconsideration is allowed.  Neither the filing of any such motion, nor correspondence in the nature of such a motion, nor any response by the Department to such correspondence nor motion will delay the time for filing of a complaint in the Circuit Court.

j)          The Division of Early Childhood's Bureau of Subsidy Management and the Program Integrity and Quality Assurance Unit will implement the Final Administrative Decision within 10 calendar days of receiving the notice.

k)         Representation

1)         Parents or other relatives may appear with or without representation at the Hearing.

2)         If the parents or other relatives are represented by legal counsel or another authorized representative, the parent or relative need not be present at the hearing.  The representative must have a written authorization signed by the parent or relative prior to any action taken on that person's behalf.

3)         The action or inaction of an authorized representative shall be deemed to be an action or inaction of the parent or relative.

(Source:  Added at 47 Ill. Reg. 110, effective December 20, 2022)

Section 50.1240  Hearing Process for Child Care Providers

a)         Child care providers whose employees are covered by a collective bargaining agreement with DHS shall refer to the relevant agreement, rather than the procedure outlined in this Section.

b)         Child care providers may request a hearing regarding the imposition of a sanction as follows:

1)         Notification of all sanction actions will be sent to the provider and the Division of Early Childhood by the Department or its agents.  The notification will include a description of the violation and the statute or administrative rule that has been violated and the instructions for filing an appeal.

2)         Child care providers must file first-level appeals of sanctions with the DHS Division of Early Childhood Bureau of Subsidy Management's Policy Unit within 60 calendar days of the date on the notification action (see subsection (b)(1)) that they are disputing.

c)         Representation

1)         Child care providers may appear with or without representation at the hearing.

2)         If the child care provider is represented by legal counsel or another authorized representative, the appellant need not be present at the hearing.  The representative must have a written authorization signed by the appellant prior to any action taken on behalf of the appellant.

3)         The action or inaction of an authorized representative shall be deemed to be an action or inaction of the appellant.

d)         First Level Hearing with the Division of Early Childhood’s Bureau of Subsidy Management

1)         The Bureau of Subsidy Management will send reasonable notice in writing that a first level hearing has been scheduled.  This hearing is intended to determine whether a provider appeal can be resolved before it reaches the Bureau of Hearings.

2)         This notice shall be provided at least 10 calendar days prior to the hearing.

3)         Following the first level hearing, the Bureau of Subsidy Management will issue a decision to either uphold, withdraw, dismiss, or revise the sanction action, or determine that the Department lacks jurisdiction.

e)         Second Level Hearing with the Bureau of Hearings

1)         If the child care provider is dissatisfied with the results of the first level appeal, they may file a second level appeal through the DHS Bureau of Hearings within 30 calendar days of the date that the Bureau of Subsidy Management issues their decision.

2)         The second level hearing (which is equivalent to the hearing process described in Section 50.1230) will be conducted de novo and will not consider the first level hearing in making its determination.

3)         The Bureau of Hearings will give reasonable notice to the provider and to the Division of Early Childhood that a hearing has been scheduled.  This notice shall be provided at least 10 calendar days prior to the hearing.

4)         At the adjournment of the hearing, the record shall be closed and no further evidence may be submitted.  Prior to adjournment of the hearing, a request to leave the record open for a specified period for the submittal of additional evidence specifically identified during the hearing may be granted by the hearing officer.  Copies of any evidence presented after the hearing shall be provided to all parties.

5)         Following the hearing, a Final Administrative Decision will be made by the Secretary that either upholds or does not uphold the appealed sanction or determines that the Department lacks jurisdiction.  A copy of the decision shall be mailed to the appellant and any representative.

6)         A Final Administrative Decision is reviewable only through the Circuit Courts of the State of Illinois under the Administrative Review Law [735 ILCS 5/3-101].

7)         After a Final Administrative Decision is released, no petition for rehearing or reconsideration is allowed.  Neither the filing of any such motion, or correspondence in the nature of such a motion, nor any response by the Department to such correspondence nor motion will delay the time for filing of a complaint in the Circuit Court.

8)         The Bureau of Subsidy Management will implement the results of the Final Administrative Decision within 10 calendar days of receiving the notice.

f)         Conduct of the Hearings

1)         The Department shall have the responsibility at the hearing to prove, by a preponderance of the evidence, that the child care provider committed an intentional program violation or fraud.

2)         The hearing shall not be bound by common law or statutory rules of evidence, nor by technical or formal rules of procedure, but shall be conducted in a manner best calculated to conform to substantial justice.

3)         An appeal may be withdrawn by the child care provider either prior to or at the hearing.  A withdrawal must be in writing and signed by the appellant or entered orally on the record.

4)         A request for postponement or continuance may be made by DHS or the child care provider.

A)        A request to postpone a hearing must be in writing and received by the Bureau of Hearings at least 2 business days prior to the scheduled hearing date.

B)        A request for postponement made less than 2 business days prior to the scheduled hearing date will be granted only upon showing of good cause.

C)        At the hearing, the hearing officer may grant a request to continue when the party shows that good cause exists for not proceeding with the hearing.  If the request is based on the unavailability of witnesses and/or documentary evidence, the hearing officer may defer ruling on the request until after the available evidence on the issues of the case is presented.

5)         An appeal shall be dismissed, and appellant shall be informed of the dismissal by written notice, if:

A)        The child care provider's employees are covered by a collective bargaining agreement with DHS; or

B)        The appellant or the appellant's authorized representative does not appear at the time, date, and place designated for the hearing; or

C)        The appellant or the appellant's authorized representative fails or refuses to proceed with the hearing.

(Source:  Added at 47 Ill. Reg. 110, effective December 20, 2022)

Section 50.1300  Purpose

As required by 305 ILCS 5/9A-17 and 325 ILCS 85/95-10, the purpose of Smart Start Workforce Grants is to provide day care homes, day care centers, and group day care homes, prioritizing those participating in the Child Care Assistance Program (CCAP), with the stable, ongoing funding needed to recruit and retain workers without burdening families by raising tuition or co-pays. These awards will allow day care homes, day care centers, and group day care homes to pay higher staff wages through consistent base funding that considers the cost of competitive wages and pays in advance rather than in arrears. Programs receiving awards are required to meet a specific base wage level, which will help the program to attract more staff, while also meeting parents' need for affordable child care.  The requirements of this Subpart M are subject to change based on appropriation.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1310  Eligible Child Care Program

To qualify for the Smart Start Workforce Grants, the applicant must meet all of the following requirements:

a)         Be a licensed day care home, licensed day care center, or licensed group day care home, as defined in 89 Ill. Adm. Code 406.2, 407.45, and 408.5, hereinafter referred to collectively as "child care programs", as of the month prior to their submission of an application and maintain the applicable license for the duration of the grant;

b)         Regularly provide year-round child care (defined as being open and offering at least eight consecutive hours of care per day, five days per week for at least 47 weeks per year);

c)         Demonstrate the following enrollment of children paid for by the Child Care Assistance Program (CCAP) (see 89 Ill. Adm. Code 50), Department of Children and Family Services child care subsidies for foster child care (see 20 ILCS 505/5a), and military child care subsidies paid for by the United States Department of Defense, in at least one month beginning on or after January of the previous calendar year, and prior to the date of application.  The minimum enrollments will be:

1)         For day care centers, at least 15% of licensed capacity;

2)         For day care homes, at least one child;

3)         For group day care homes, at least two children.

d)         For licensed day care centers, eligibility will be determined at the classroom level. A classroom must meet the following requirements to be eligible to receive an award:

1)         Not receive Early Childhood Block Grant, Head Start, or Early Head Start funds;

2)         Not serve school-age children as defined in 89 Ill. Adm. Code 407.45;

3)         If serving infants and/or toddlers (children under two years of age), care for a minimum of four children;

4)         If serving two-year-olds or both two- and three-year-olds, care for a minimum of eight children;

5)         If serving three- to five-year-olds, care for a minimum of 12 children.

e)         For licensed day care homes and licensed group day care homes, meet the following requirements:

1)         Not receive Early Childhood Block Grant, Head Start, or Early Head Start funds; and

2)         Enroll a minimum of four children.

f)         Licensed day care centers unable to meet the required enrollment minimum for a classroom and licensed day care homes and licensed group day care homes unable to meet the required enrollment minimum may submit a waiver request to the Illinois Department of Human Services (IDHS/"Department") or to its Qualified Partners (as stated in 89 Ill. Adm. Code 50.1370). Waivers and requests will be in a format determined by the Department or its Qualified Partners, may require additional documentation, and may be subject to restrictions and requirements, such as restrictions to award amounts, or requirements to work with a Child Care Resource and Referral Agency to document additional details, as determined by the Department or its Qualified Partners.  The criteria the Department will take into consideration when evaluating a waiver request include, but are not limited to:

1)         Licensed capacity of the classroom, day care home, or group day care home, as determined by the Department of Children and Family Services;

2)         The required grouping and staffing and number and ages of children served, as stated in 89 Ill. Adm. Code 407.190, 406.13, and 408.65;

3)         Prior waivers received by the classroom or child care program.

g)         Maintain a current Gateways to Opportunity Registry Director Portal.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1320  Calculation of the Smart Start Workforce Grants Award Amounts

Award amounts will be based on the following factors:

a)         For day care centers:

1)         The number of eligible classrooms, as indicated on the program's application; and

2)         The ages of the children enrolled in the eligible classrooms.

b)         For day care homes and group day care homes, the number of staff and hours worked.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1330  Eligible Expenses

a)         For day care centers, awards must be used to compensate classroom staff working in the eligible classrooms, at or above the following required wage floor:

1)         Early childhood assistants in CCAP County Group 1A (see Appendix A) must be paid at least $18.00 per hour;

2)         Early childhood assistants in CCAP County Group 1B (see Appendix A) must be paid at least $17.25 per hour;

3)         Early childhood assistants in CCAP County Group 2 (see Appendix A) must be paid at least $17.00 per hour;

4)         Early childhood teachers in CCAP County Group 1A (see Appendix A) must be paid at least $19.25 per hour;

5)         Early childhood teachers in CCAP County Group 1B (see Appendix A) must be paid at least $18.50 per hour; and

6)         Early childhood teachers in CCAP County Group 2 (see Appendix A) must be paid at least $18.25 per hour.

7)         Early childhood assistants and early childhood teachers in this Section are defined as stated in 89 Ill. Adm. Code 407.45.

b)         For day care homes and group day care homes that receive awards with additional funding for assistants, awards must be used to compensate child care assistants at or above the following wage floor:

1)         Child care assistants in CCAP County Group 1A (see Appendix A) must be paid at least $18.00 per hour;

2)         Child care assistants in CCAP County Group 1B (see Appendix A) must be paid at least $17.25 per hour; and

3)         Child care assistants in CCAP County Group 2 (see Appendix A) must be paid at least $17.00 per hour.

4)         Child care assistants in this Section are defined in 89 Ill. Adm. Code 406.2 and 408.5.

c)         Compensation in this Section is defined as wages and salaries and any associated payroll taxes.

d)         The wage floor in this Section refers to the amount paid to staff before taxes and before other benefits are deducted. The Department may elect by rule to increase the required wage floors annually based on available appropriation, research, modeling, cost of living adjustments, or evaluation.

e)         County groupings in this Section will align with the Child Care Assistance Program regions.

f)         Child care programs may utilize awards to compensate additional staff in the child care program after meeting or exceeding the wage floor requirements outlined in subsections a) and b).  Additional staff includes, but is not limited to, directors, assistant directors, floaters, substitutes, food service, and custodial staff.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1340  Application Requirements and Award Notifications

a)         Applications shall be made available by the Department or its Qualified Partners and shall include, but shall not be limited to:

1)         The number of classroom staff in classrooms included in the application, the hours that classroom staff work, and the wages paid to classroom staff at the time of the submission of the application;

2)         The child care program's licensed capacity, as defined in 89 Ill. Adm. Code 407.45, and number of children currently enrolled in the classrooms included in the application;

3)         An attestation that the child care program will be able to meet the required wage floor and will show proof of this via grant reporting in a format determined by the Department or its Qualified Partners;

4)         A list of all revenue streams for the classrooms included in the application; and

5)         An attestation that the day care program regularly provides full-day full-year child care for the minimum required number of children as defined in Section 50.1310.

b)         Child care programs that submit completed applications will receive an eligibility determination notification that includes but is not limited to the following information:

1)         The child care program or classroom eligibility determination;

2)         For applicants found eligible, the approved funding amount for the child care program, subject to the availability of funding;

3)         For applicants missing application documents, the list of necessary documentation and the submission deadline;

4)         For applicants found ineligible, the reason for the ineligibility determination.

c)         Child care programs that are found eligible will receive a notification with the final award amount.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1350  Reporting Requirements

a)         Day care centers shall provide payroll documentation and other documentation, as required by the Department, showing the day care center compensated the classroom staff working in the classrooms receiving an award at or above the required wage floor. Reporting will be in a format determined by the Department.

b)         Day care homes and group day care homes receiving awards with funding for employee wages in addition to funding for caregiver (as defined in 89 Ill. Adm. Code 406.2 and 408.5) wages shall provide payroll documentation and/or other documentation showing staff employed by the child care program were compensated at the required wage floor. Reporting formats and content will be determined by the Department.

c)         Day care homes and group day care homes receiving awards without additional funding for assistants shall provide documentation as determined by the Department, showing program revenues and expenses.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1360  Program Monitoring, Workforce Education, and Complaints

a)         Program participants shall be monitored by the Department and its Qualified Partners to ensure that funds are spent as specified in Section 50.1330. Monitoring may include desk audits and/or on-site reviews of the program participants.

b)         The Department and its Qualified Partners shall review a percentage of submitted payroll and other documentation per quarter.

c)         The Department and its Qualified Partners will create a notification system for child care assistants, early childhood assistants, and early childhood teachers employed by a program participant to report if they are not receiving wages at or above the program's required wage floor. The notification system will allow for anonymous notifications. Any indication that a child care program may not be meeting required wage floors may lead to an audit.

d)         Child care programs with more than one staff member that receive an award must post and keep posted, in a place easily accessible to all classroom staff working in participating classrooms, at least one notice that indicates:

1)         the program and classrooms participating in the Smart Start Workforce Grants;

2)         the required wage floor; and

3)         how to access the notification system.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1370  Qualified Partners

a)         The Department may enter into grant agreements, contracts, or intermediary agreements with Qualified Partners to implement the program.  The Department may award grants to Qualified Partners to provide grant funds to child care programs or contract with Qualified Partners to secure services to implement the Smart Start Workforce Grants program.

b)         An agreement with a Qualified Partner shall specify the Qualified Partner's responsibility, if any, for determining eligibility for grant funds and monitoring child care programs for compliance with program requirements.

c)         A Qualified Partner in this Section is defined as an entity collaborating with the Illinois Department of Human Services to provide services deemed necessary and appropriate to complete program objectives. 

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1380  Distribution of Awards

Smart Start Workforce Grants awards shall be made as advance payments as defined in 44 Ill. Adm. Code 7000.30.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.1390  Program Violations, Sanctions, and Hearing Process

a)         An intentional program violation occurs when:

1)         Program participants knowingly provide false or misleading statements, or engage in misrepresentation, concealment, or withholding of relevant facts or information; or

2)         Program participants knowingly fail to comply with the requirements of the Smart Start Workforce Grants as stated in this Subpart.

b)         An intentional program violation may include, but is not limited to:

1)         Intentionally providing false employment information, including staffing, wages, and payroll, or intentionally failing to report a change in staffing or wages;

2)         Falsifying eligibility or reporting documentation or information; or

3)         Intentionally reporting inaccurate day care licensing status.

c)         For the purposes of this Subpart, fraud is defined as an offense committed by any person or persons who scheme to deceive, falsify, conceal, create, or cover up material facts to receive the Smart Start Workforce Grants or to financially gain or profit from the Smart Start Workforce Grants. The offense must be committed willfully and knowingly. Examples of fraud include, but are not limited to:

1)         Manufacturing paystubs, payroll documentation, or enrollment information;

2)         Creating fictitious children;

3)         Creating fictitious child care settings or classrooms; or

4)         Creating and participating in a conspiracy/scheme to defraud the State for financial gain.

d)         Any intentional program violation or fraud as stated and defined in this Section by a program participant will result in the following sanctions:

1)         Require repayment of any improper payments as defined in 89 Ill. Adm. Code 50.105; and

2)         Place the program participant on the Illinois Stop Payment List (also known as the Illinois Debarred and Suspended List) as provided for in 44 Ill Adm. Code 7000.30 and 7000.80.

e)         Qualified Partners shall alert the Department's Division of Early Childhood of any alleged intentional program violations.

f)         Program participants may request a hearing regarding the imposition of a sanction as follows:

1)         Notification of all sanction actions will be sent to the program participant and the Division of Early Childhood by the Department or its agents. The notification will include a description of the violation and the Illinois statute or the Department's administrative rule that has been violated and the instructions for filing an appeal.

2)         Program participants must file first-level appeals of sanctions with the Department's Division of Early Childhood within 60 calendar days after the date on the notification action (see subsection (b)(1)) that the program participant is disputing.

g)         Representation

1)         Program participants may appear with or without representation at the hearing.

2)         If the program participant is represented by legal counsel or another authorized representative, the program participant need not be present at the hearing.  The representative must have a written authorization signed by the program participant prior to any action taken on behalf of the program participant.

3)         The action or inaction of an authorized representative shall be deemed to be an action or inaction of the program participant.

h)         First Level Hearing with the Department's Division of Early Childhood

1)         The Division of Early Childhood will send reasonable notice in writing that a first level hearing has been scheduled at least 10 calendar days prior to the hearing.  This hearing is intended to determine whether a program participant appeal can be resolved before it reaches the Bureau of Hearings.

2)         Following the first level hearing, the Division of Early Childhood will issue a decision to either uphold, withdraw, dismiss, or revise the sanction action, or determine that the Department lacks jurisdiction.

i)          Second Level Hearing with the Department's Bureau of Hearings

1)         If the program participant is dissatisfied with the results of the first level appeal, they may file a second level appeal through the Department's Bureau of Hearings within 30 calendar days after the date that the Division of Early Childhood issues their decision.

2)         The second level hearing will be conducted in accordance with the hearing process described in Section 50.1230, will be conducted de novo and will not consider the first level hearing in making its determination.

3)         The Bureau of Hearings will give reasonable notice to the program participant and to the Division of Early Childhood that a hearing has been scheduled.  This notice shall be provided at least 10 calendar days prior to the hearing.

4)         At the adjournment of the hearing, the record shall be closed, and no further evidence may be submitted.  Prior to adjournment of the hearing, a request to leave the record open for a specified period for the submittal of additional evidence specifically identified during the hearing may be granted by the Administrative Law Judge.  Copies of any evidence presented after the hearing shall be provided to all parties.

5)         Following the hearing, a final administrative decision will be made by the Secretary of the Department or the Secretary's designee that either upholds or does not uphold the appealed sanction or determines that the Department lacks jurisdiction.  A copy of the decision shall be mailed to the appellant and any representative.

6)         After a final administrative decision is released, no petition for rehearing or reconsideration is allowed.  Neither the filing of any such motion, or correspondence in the nature of such a motion, nor any response by the Department to such correspondence nor motion will alter the issue date of the final administrative decision.

7)         The final administrative decision may be appealed under the Illinois Administrative Review Law [735 ILCS 5/Art. III]

8)         The Division of Early Childhood will implement the results of the final administrative decision within 10 calendar days after receiving the final administrative decision.

j)          Conduct of the Hearings

1)         The Department shall have the responsibility at the hearing to prove, by a preponderance of the evidence, that the program participant committed an intentional program violation or fraud.

2)         The hearing shall not be bound by common law or statutory rules of evidence, nor by technical or formal rules of procedure, but shall be conducted in a manner best calculated to conform to substantial justice.

3)         An appeal may be withdrawn by the program participant either prior to or at the hearing.  A withdrawal must be in writing and signed by the appellant or entered orally on the record.

4)         A request for postponement or continuance may be made by IDHS or the program participant.

A)        A request to postpone a hearing must be in writing and received by the Bureau of Hearings at least 2 business days prior to the scheduled hearing date.

B)        A request for postponement made less than 2 business days prior to the scheduled hearing date will be granted only upon showing of good cause.

C)        At the hearing, the Administrative Law Judge may grant a request to continue when the party shows that good cause exists for not proceeding with the hearing.  If the request is based on the unavailability of witnesses and/or documentary evidence, the Administrative Law Judge may defer ruling on the request until after the available evidence on the issues of the case is presented.

5)         An appeal shall be dismissed, and appellant shall be informed of the dismissal by written notice, if:

A)        The appellant or the appellant's authorized representative does not appear at the time, date, and place designated for the hearing; or

B)        The appellant or the appellant's authorized representative fails or refuses to proceed with the hearing.

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)

Section 50.APPENDIX A   CCAP County Grouping

(Source:  Added at 48 Ill. Reg. 14957, effective October 1, 2024)