HB3593 EngrossedLRB102 14183 KTG 19535 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 working families become and
14remain self-sufficient. The General Assembly also believes
15that it is the responsibility of families to share in the costs
16of child care. It is also the preference of the General
17Assembly that all working poor families should be treated
18equally, regardless of their welfare status.
19    (b) To the extent resources permit, the Illinois
20Department shall provide child care services to parents or
21other relatives as defined by rule who are working or
22participating in employment or Department approved education
23or training programs. At a minimum, the Illinois Department

 

 

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1shall cover the following categories of families:
2        (1) recipients of TANF under Article IV participating
3    in work and training activities as specified in the
4    personal plan for employment and self-sufficiency;
5        (2) families transitioning from TANF to work;
6        (3) families at risk of becoming recipients of TANF;
7        (4) families with special needs as defined by rule;
8        (5) working families with very low incomes as defined
9    by rule;
10        (6) families that are not recipients of TANF and that
11    need child care assistance to participate in education and
12    training activities; and
13        (7) families with children under the age of 5 who have
14    an open intact family services case with the Department of
15    Children and Family Services. Any family that receives
16    child care assistance in accordance with this paragraph
17    shall remain eligible for child care assistance 6 months
18    after the child's intact family services case is closed,
19    regardless of whether the child's parents or other
20    relatives as defined by rule are working or participating
21    in Department approved employment or education or training
22    programs. The Department of Human Services, in
23    consultation with the Department of Children and Family
24    Services, shall adopt rules to protect the privacy of
25    families who are the subject of an open intact family
26    services case when such families enroll in child care

 

 

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1    services. Additional rules shall be adopted to offer
2    children who have an open intact family services case the
3    opportunity to receive an Early Intervention screening and
4    other services that their families may be eligible for as
5    provided by the Department of Human Services.
6    The Department shall specify by rule the conditions of
7eligibility, the application process, and the types, amounts,
8and duration of services. Eligibility for child care benefits
9and the amount of child care provided may vary based on family
10size, income, and other factors as specified by rule.
11    The Department shall update the Child Care Assistance
12Program Eligibility Calculator posted on its website to
13include a question on whether a family is applying for child
14care assistance for the first time or is applying for a
15redetermination of eligibility.
16    A family's eligibility for child care services shall be
17redetermined no sooner than 12 months following the initial
18determination or most recent redetermination. During the
1912-month periods, the family shall remain eligible for child
20care services regardless of (i) a change in family income,
21unless family income exceeds 85% of State median income, or
22(ii) a temporary change in the ongoing status of the parents or
23other relatives, as defined by rule, as working or attending a
24job training or educational program.
25    In determining income eligibility for child care benefits,
26the Department annually, at the beginning of each fiscal year,

 

 

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1shall establish, by rule, one income threshold for each family
2size, in relation to percentage of State median income for a
3family of that size, that makes families with incomes below
4the specified threshold eligible for assistance and families
5with incomes above the specified threshold ineligible for
6assistance. Through and including fiscal year 2007, the
7specified threshold must be no less than 50% of the
8then-current State median income for each family size.
9Beginning in fiscal year 2008, the specified threshold must be
10no less than 185% of the then-current federal poverty level
11for each family size. Notwithstanding any other provision of
12law or administrative rule to the contrary, beginning in
13fiscal year 2019, the specified threshold for working families
14with very low incomes as defined by rule must be no less than
15185% of the then-current federal poverty level for each family
16size.
17    In determining eligibility for assistance, the Department
18shall not give preference to any category of recipients or
19give preference to individuals based on their receipt of
20benefits under this Code.
21    Nothing in this Section shall be construed as conferring
22entitlement status to eligible families.
23    The Illinois Department is authorized to lower income
24eligibility ceilings, raise parent co-payments, create waiting
25lists, or take such other actions during a fiscal year as are
26necessary to ensure that child care benefits paid under this

 

 

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1Article do not exceed the amounts appropriated for those child
2care benefits. These changes may be accomplished by emergency
3rule under Section 5-45 of the Illinois Administrative
4Procedure Act, except that the limitation on the number of
5emergency rules that may be adopted in a 24-month period shall
6not apply.
7    The Illinois Department may contract with other State
8agencies or child care organizations for the administration of
9child care services.
10    (c) Payment shall be made for child care that otherwise
11meets the requirements of this Section and applicable
12standards of State and local law and regulation, including any
13requirements the Illinois Department promulgates by rule in
14addition to the licensure requirements promulgated by the
15Department of Children and Family Services and Fire Prevention
16and Safety requirements promulgated by the Office of the State
17Fire Marshal, and is provided in any of the following:
18        (1) a child care center which is licensed or exempt
19    from licensure pursuant to Section 2.09 of the Child Care
20    Act of 1969;
21        (2) a licensed child care home or home exempt from
22    licensing;
23        (3) a licensed group child care home;
24        (4) other types of child care, including child care
25    provided by relatives or persons living in the same home
26    as the child, as determined by the Illinois Department by

 

 

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1    rule.
2    (c-5) Solely for the purposes of coverage under the
3Illinois Public Labor Relations Act, child and day care home
4providers, including licensed and license exempt,
5participating in the Department's child care assistance
6program shall be considered to be public employees and the
7State of Illinois shall be considered to be their employer as
8of January 1, 2006 (the effective date of Public Act 94-320),
9but not before. The State shall engage in collective
10bargaining with an exclusive representative of child and day
11care home providers participating in the child care assistance
12program concerning their terms and conditions of employment
13that are within the State's control. Nothing in this
14subsection shall be understood to limit the right of families
15receiving services defined in this Section to select child and
16day care home providers or supervise them within the limits of
17this Section. The State shall not be considered to be the
18employer of child and day care home providers for any purposes
19not specifically provided in Public Act 94-320, including, but
20not limited to, purposes of vicarious liability in tort and
21purposes of statutory retirement or health insurance benefits.
22Child and day care home providers shall not be covered by the
23State Employees Group Insurance Act of 1971.
24    In according child and day care home providers and their
25selected representative rights under the Illinois Public Labor
26Relations Act, the State intends that the State action

 

 

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1exemption to application of federal and State antitrust laws
2be fully available to the extent that their activities are
3authorized by Public Act 94-320.
4    (d) The Illinois Department shall establish, by rule, a
5co-payment scale that provides for cost sharing by families
6that receive child care services, including parents whose only
7income is from assistance under this Code. The co-payment
8shall be based on family income and family size and may be
9based on other factors as appropriate. Co-payments may be
10waived for families whose incomes are at or below the federal
11poverty level.
12    (d-5) The Illinois Department, in consultation with its
13Child Care and Development Advisory Council, shall develop a
14plan to revise the child care assistance program's co-payment
15scale. The plan shall be completed no later than February 1,
162008, and shall include:
17        (1) findings as to the percentage of income that the
18    average American family spends on child care and the
19    relative amounts that low-income families and the average
20    American family spend on other necessities of life;
21        (2) recommendations for revising the child care
22    co-payment scale to assure that families receiving child
23    care services from the Department are paying no more than
24    they can reasonably afford;
25        (3) recommendations for revising the child care
26    co-payment scale to provide at-risk children with complete

 

 

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1    access to Preschool for All and Head Start; and
2        (4) recommendations for changes in child care program
3    policies that affect the affordability of child care.
4    (e) (Blank).
5    (f) The Illinois Department shall, by rule, set rates to
6be paid for the various types of child care. Child care may be
7provided through one of the following methods:
8        (1) arranging the child care through eligible
9    providers by use of purchase of service contracts or
10    vouchers;
11        (2) arranging with other agencies and community
12    volunteer groups for non-reimbursed child care;
13        (3) (blank); or
14        (4) adopting such other arrangements as the Department
15    determines appropriate.
16    (f-1) Within 30 days after June 4, 2018 (the effective
17date of Public Act 100-587), the Department of Human Services
18shall establish rates for child care providers that are no
19less than the rates in effect on January 1, 2018 increased by
204.26%.
21    (f-5) (Blank).
22    (g) Families eligible for assistance under this Section
23shall be given the following options:
24        (1) receiving a child care certificate issued by the
25    Department or a subcontractor of the Department that may
26    be used by the parents as payment for child care and

 

 

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1    development services only; or
2        (2) if space is available, enrolling the child with a
3    child care provider that has a purchase of service
4    contract with the Department or a subcontractor of the
5    Department for the provision of child care and development
6    services. The Department may identify particular priority
7    populations for whom they may request special
8    consideration by a provider with purchase of service
9    contracts, provided that the providers shall be permitted
10    to maintain a balance of clients in terms of household
11    incomes and families and children with special needs, as
12    defined by rule.
13(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
14100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
158-17-18; 101-81, eff. 7-12-19.)