State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Lakesia Collins


305 ILCS 5/9A-2a new
305 ILCS 5/9A-11  from Ch. 23, par. 9A-11

    Amends the Illinois Public Aid Code. Provides that, in determining income eligibility for child care benefits beginning in State fiscal year 2022, the income threshold shall be no less than 200% of the then-current federal poverty level for each family size. Effective July 1, 2021.

LRB102 10450 KTG 15778 b






HB3620LRB102 10450 KTG 15778 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 and by adding Section 9A-2a as follows:
6    (305 ILCS 5/9A-2a new)
7    Sec. 9A-2a. Federal poverty level; definition. As used in
8this Article, "federal poverty level" means the poverty
9guidelines updated periodically in the Federal Register by the
10U.S. Department of Health and Human Services under the
11authority of 42 U.S.C. 9902(2).
12    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
13    Sec. 9A-11. Child care.
14    (a) The General Assembly recognizes that families with
15children need child care in order to work. Child care is
16expensive and families with low incomes, including those who
17are transitioning from welfare to work, often struggle to pay
18the costs of day care. The General Assembly understands the
19importance of helping low-income working families become and
20remain self-sufficient. The General Assembly also believes
21that it is the responsibility of families to share in the costs
22of child care. It is also the preference of the General



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1Assembly that all working poor families should be treated
2equally, regardless of their welfare status.
3    (b) To the extent resources permit, the Illinois
4Department shall provide child care services to parents or
5other relatives as defined by rule who are working or
6participating in employment or Department approved education
7or training programs. At a minimum, the Illinois Department
8shall cover the following 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



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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.



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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
6the specified threshold eligible for assistance and families
7with incomes 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
13for each family size. Notwithstanding any other provision of
14law or administrative rule to the contrary, beginning in
15fiscal year 2019, the specified threshold for working families
16with very low incomes as defined by rule must be no less than
17185% of the then-current federal poverty level for each family
18size. Beginning in State fiscal year 2022, the specified
19income threshold shall be no less than 200% of the
20then-current federal poverty level for each family size.
21    In determining eligibility for assistance, the Department
22shall not give preference to any category of recipients or
23give preference to individuals based on their receipt of
24benefits under this Code.
25    Nothing in this Section shall be construed as conferring
26entitlement status to eligible families.



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



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



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1State Employees Group Insurance Act of 1971.
2    In according child and day care home providers and their
3selected representative rights under the Illinois Public Labor
4Relations Act, the State intends that the State action
5exemption to application of federal and State antitrust laws
6be fully available to the extent that their activities are
7authorized by Public Act 94-320.
8    (d) The Illinois Department shall establish, by rule, a
9co-payment scale that provides for cost sharing by families
10that receive child care services, including parents whose only
11income is from assistance under this Code. The co-payment
12shall be based on family income and family size and may be
13based on other factors as appropriate. Co-payments may be
14waived for families whose incomes are at or below the federal
15poverty level.
16    (d-5) The Illinois Department, in consultation with its
17Child Care and Development Advisory Council, shall develop a
18plan to revise the child care assistance program's co-payment
19scale. The plan shall be completed no later than February 1,
202008, and shall include:
21        (1) findings as to the percentage of income that the
22    average American family spends on child care and the
23    relative amounts that low-income families and the average
24    American family spend on other necessities of life;
25        (2) recommendations for revising the child care
26    co-payment scale to assure that families receiving child



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



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1shall be given the following options:
2        (1) receiving a child care certificate issued by the
3    Department or a subcontractor of the Department that may
4    be used by the parents as payment for child care and
5    development services only; or
6        (2) if space is available, enrolling the child with a
7    child care provider that has a purchase of service
8    contract with the Department or a subcontractor of the
9    Department for the provision of child care and development
10    services. The Department may identify particular priority
11    populations for whom they may request special
12    consideration by a provider with purchase of service
13    contracts, provided that the providers shall be permitted
14    to maintain a balance of clients in terms of household
15    incomes and families and children with special needs, as
16    defined by rule.
17(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
18100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
198-17-18; 101-81, eff. 7-12-19.)
20    Section 99. Effective date. This Act takes effect July 1,