Rep. Maurice A. West II

Filed: 2/20/2019

 

 


 

 


 
10100HB0071ham001LRB101 02961 KTG 56507 a

1
AMENDMENT TO HOUSE BILL 71

2    AMENDMENT NO. ______. Amend House Bill 71 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Aid Code is amended by
5changing Section 9A-11 as follows:
 
6    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
7    Sec. 9A-11. Child care.
8    (a) The General Assembly recognizes that families with
9children need child care in order to work. Child care is
10expensive and families with low incomes, including those who
11are transitioning from welfare to work, often struggle to pay
12the costs of day care. The General Assembly understands the
13importance of helping low-income low income working families
14become and remain self-sufficient. The General Assembly also
15believes that it is the responsibility of families to share in
16the costs of child care. It is also the preference of the

 

 

10100HB0071ham001- 2 -LRB101 02961 KTG 56507 a

1General Assembly that all working poor families should be
2treated equally, regardless of their welfare status.
3    (b) To the extent resources permit, the Illinois Department
4shall provide child care services to parents or other relatives
5as defined by rule who are working or participating in
6employment or Department approved education or training
7programs. At a minimum, the Illinois Department shall cover the
8following categories of families:
9        (1) recipients of TANF under Article IV participating
10    in work and training activities as specified in the
11    personal plan for employment and self-sufficiency;
12        (2) families transitioning from TANF to work;
13        (3) families at risk of becoming recipients of TANF;
14        (4) families with special needs as defined by rule;
15        (5) working families with very low incomes as defined
16    by rule;
17        (6) families that are not recipients of TANF and that
18    need child care assistance to participate in education and
19    training activities; and
20        (7) families with children under the age of 5 who have
21    an open intact family services case with the Department of
22    Children and Family Services. Any family that receives
23    child care assistance in accordance with this paragraph
24    shall remain eligible for child care assistance 6 months
25    after the child's intact family services case is closed,
26    regardless of whether the child's parents or other

 

 

10100HB0071ham001- 3 -LRB101 02961 KTG 56507 a

1    relatives as defined by rule are working or participating
2    in Department approved employment or education or training
3    programs. The Department of Human Services, in
4    consultation with the Department of Children and Family
5    Services, shall adopt rules to protect the privacy of
6    families who are the subject of an open intact family
7    services case when such families enroll in child care
8    services. Additional rules shall be adopted to offer
9    children who have an open intact family services case the
10    opportunity to receive an Early Intervention screening and
11    other services that their families may be eligible for as
12    provided by the Department of Human Services.
13    The Department shall specify by rule the conditions of
14eligibility, the application process, and the types, amounts,
15and duration of services. Eligibility for child care benefits
16and the amount of child care provided may vary based on family
17size, income, and other factors as specified by rule.
18    A family's eligibility for child care services shall be
19redetermined no sooner than 12 months following the initial
20determination or most recent redetermination. During the
2112-month periods, the family shall remain eligible for child
22care services regardless of (i) a change in family income,
23unless family income exceeds 85% of State median income, or
24(ii) a temporary change in the ongoing status of the parents or
25other relatives, as defined by rule, as working or attending a
26job training or educational program.

 

 

10100HB0071ham001- 4 -LRB101 02961 KTG 56507 a

1    In determining income eligibility for child care benefits,
2the Department annually, at the beginning of each fiscal year,
3shall establish, by rule, one income threshold for each family
4size, in relation to percentage of State median income for a
5family of that size, that makes families with incomes below the
6specified threshold eligible for assistance and families with
7incomes above the specified threshold ineligible for
8assistance. Through and including fiscal year 2007, the
9specified threshold must be no less than 50% of the
10then-current State median income for each family size.
11Beginning in fiscal year 2008, the specified threshold must be
12no less than 185% of the then-current federal poverty level for
13each family size. Notwithstanding any other provision of law or
14administrative rule to the contrary, beginning in fiscal year
152019, the specified threshold for working families with very
16low incomes as defined by rule must be no less than 185% of the
17then-current federal poverty level for each family size.
18    The Department shall provide child care services to all
19children who are eligible for assistance and are:
20        (A) under age 13; or
21        (B) under age 19 and (i) are under court supervision or
22    (ii) have physical or mental incapacities as documented by
23    a statement from a local health provider or other health
24    professional.
25    In determining eligibility for assistance, the Department
26shall not give preference to any category of recipients or give

 

 

10100HB0071ham001- 5 -LRB101 02961 KTG 56507 a

1preference to individuals based on their receipt of benefits
2under this Code.
3    Nothing in this Section shall be construed as conferring
4entitlement status to eligible families.
5    The Illinois Department is authorized to lower income
6eligibility ceilings, raise parent co-payments, create waiting
7lists, or take such other actions during a fiscal year as are
8necessary to ensure that child care benefits paid under this
9Article do not exceed the amounts appropriated for those child
10care benefits. These changes may be accomplished by emergency
11rule under Section 5-45 of the Illinois Administrative
12Procedure Act, except that the limitation on the number of
13emergency rules that may be adopted in a 24-month period shall
14not apply.
15    The Illinois Department may contract with other State
16agencies or child care organizations for the administration of
17child care services.
18    (c) Payment shall be made for child care that otherwise
19meets the requirements of this Section and applicable standards
20of State and local law and regulation, including any
21requirements the Illinois Department promulgates by rule in
22addition to the licensure requirements promulgated by the
23Department of Children and Family Services and Fire Prevention
24and Safety requirements promulgated by the Office of the State
25Fire Marshal, and is provided in any of the following:
26        (1) a child care center which is licensed or exempt

 

 

10100HB0071ham001- 6 -LRB101 02961 KTG 56507 a

1    from licensure pursuant to Section 2.09 of the Child Care
2    Act of 1969;
3        (2) a licensed child care home or home exempt from
4    licensing;
5        (3) a licensed group child care home;
6        (4) other types of child care, including child care
7    provided by relatives or persons living in the same home as
8    the child, as determined by the Illinois Department by
9    rule.
10    (c-5) Solely for the purposes of coverage under the
11Illinois Public Labor Relations Act, child and day care home
12providers, including licensed and license exempt,
13participating in the Department's child care assistance
14program shall be considered to be public employees and the
15State of Illinois shall be considered to be their employer as
16of January 1, 2006 (the effective date of Public Act 94-320)
17this amendatory Act of the 94th General Assembly, but not
18before. The State shall engage in collective bargaining with an
19exclusive representative of child and day care home providers
20participating in the child care assistance program concerning
21their terms and conditions of employment that are within the
22State's control. Nothing in this subsection shall be understood
23to limit the right of families receiving services defined in
24this Section to select child and day care home providers or
25supervise them within the limits of this Section. The State
26shall not be considered to be the employer of child and day

 

 

10100HB0071ham001- 7 -LRB101 02961 KTG 56507 a

1care home providers for any purposes not specifically provided
2in Public Act 94-320 this amendatory Act of the 94th General
3Assembly, including, but not limited to, purposes of vicarious
4liability in tort and purposes of statutory retirement or
5health insurance benefits. Child and day care home providers
6shall not be covered by the State Employees Group Insurance Act
7of 1971.
8    In according child and day care home providers and their
9selected representative rights under the Illinois Public Labor
10Relations Act, the State intends that the State action
11exemption to application of federal and State antitrust laws be
12fully available to the extent that their activities are
13authorized by Public Act 94-320 this amendatory Act of the 94th
14General Assembly.
15    (d) The Illinois Department shall establish, by rule, a
16co-payment scale that provides for cost sharing by families
17that receive child care services, including parents whose only
18income is from assistance under this Code. The co-payment shall
19be based on family income and family size and may be based on
20other factors as appropriate. Co-payments may be waived for
21families whose incomes are at or below the federal poverty
22level.
23    (d-5) The Illinois Department, in consultation with its
24Child Care and Development Advisory Council, shall develop a
25plan to revise the child care assistance program's co-payment
26scale. The plan shall be completed no later than February 1,

 

 

10100HB0071ham001- 8 -LRB101 02961 KTG 56507 a

12008, and shall include:
2        (1) findings as to the percentage of income that the
3    average American family spends on child care and the
4    relative amounts that low-income families and the average
5    American family spend on other necessities of life;
6        (2) recommendations for revising the child care
7    co-payment scale to assure that families receiving child
8    care services from the Department are paying no more than
9    they can reasonably afford;
10        (3) recommendations for revising the child care
11    co-payment scale to provide at-risk children with complete
12    access to Preschool for All and Head Start; and
13        (4) recommendations for changes in child care program
14    policies that affect the affordability of child care.
15    (e) (Blank).
16    (f) The Illinois Department shall, by rule, set rates to be
17paid for the various types of child care. Child care may be
18provided through one of the following methods:
19        (1) arranging the child care through eligible
20    providers by use of purchase of service contracts or
21    vouchers;
22        (2) arranging with other agencies and community
23    volunteer groups for non-reimbursed child care;
24        (3) (blank); or
25        (4) adopting such other arrangements as the Department
26    determines appropriate.

 

 

10100HB0071ham001- 9 -LRB101 02961 KTG 56507 a

1    (f-1) Within 30 days after June 4, 2018 (the effective date
2of Public Act 100-587) this amendatory Act of the 100th General
3Assembly, the Department of Human Services shall establish
4rates for child care providers that are no less than the rates
5in effect on January 1, 2018 increased by 4.26%.
6    (f-5) (Blank).
7    (g) Families eligible for assistance under this Section
8shall be given the following options:
9        (1) receiving a child care certificate issued by the
10    Department or a subcontractor of the Department that may be
11    used by the parents as payment for child care and
12    development services only; or
13        (2) if space is available, enrolling the child with a
14    child care provider that has a purchase of service contract
15    with the Department or a subcontractor of the Department
16    for the provision of child care and development services.
17    The Department may identify particular priority
18    populations for whom they may request special
19    consideration by a provider with purchase of service
20    contracts, provided that the providers shall be permitted
21    to maintain a balance of clients in terms of household
22    incomes and families and children with special needs, as
23    defined by rule.
24(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
25100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
268-17-18; revised 10-9-18.)
 

 

 

10100HB0071ham001- 10 -LRB101 02961 KTG 56507 a

1    Section 99. Effective date. This Act takes effect July 1,
22019.".