102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3747

 

Introduced 1/21/2022, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 85/6.2 new
225 ILCS 10/7.12 new
305 ILCS 5/9A-11  from Ch. 23, par. 9A-11
325 ILCS 20/3  from Ch. 23, par. 4153

    Amends the Hospital Licensing Act. Provides that no later than January 1, 2023, the Department of Public Health shall convene a comprehensive stakeholder process to develop standards for hospitals to establish specialized units for children and adolescents with an autism spectrum disorder and other intellectual or developmental disabilities. Amends the Child Care Act of 1969. Provides that child welfare supervisors shall satisfy specified requirements. Provides that the Central Office of Licensing at the Department of Children and Family Services shall convene a 5 person panel to review all transcripts and course information and make a decision on the equivalency of the college degree to a human services degree. Provides that the panel must include representation from a community-based provider. Amends the Illinois Public Aid Code. Expands eligibility under the Department of Human Services' child care assistance program to youth in care and to families receiving Extended Family Support Program services from the Department of Children and Family Services. Amends the Early Intervention Services System Act. Provides that the definition of "eligible infants and toddlers" includes any child under the age of 3 who is the subject of a substantiated case of child abuse or neglect, as defined by the federal Child Abuse Prevention and Treatment Act. Effective immediately, except that changes to the Illinois Public Aid Code take effect July 1, 2023.


LRB102 25788 SPS 35121 b

 

 

A BILL FOR

 

SB3747LRB102 25788 SPS 35121 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Hospital Licensing Act is amended by adding
5Section 6.2 as follows:
 
6    (210 ILCS 85/6.2 new)
7    Sec. 6.2. Units for children and adolescents with
8intellectual or developmental disabilities.
9    (a) No later than January 1, 2023, the Department shall
10convene a comprehensive stakeholder process that includes
11representatives from the Department of Human Services, the
12Department of Children and Family Services, the Department of
13Healthcare and Family Services, professional organizations
14representing physicians, pediatricians, psychologists,
15physical therapists, and speech therapists, community-based
16providers serving and supporting children and adults with
17intellectual or developmental disabilities, and other
18individuals or organizations the Department deems appropriate
19to develop standards for hospitals to establish specialized
20units for children and adolescents with an autism spectrum
21disorder and other intellectual or developmental disabilities.
22    (b) The criteria for admission to these units shall
23include, but not be limited to:

 

 

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1        (1) children and adolescents between 10 years of age
2    and 21 years of age;
3        (2) have a documented primary diagnosis of an autism
4    spectrum disorder or other intellectual or developmental
5    disability; and
6        (3) display self-injury, aggression, or other severe
7    behavior problems that impair functioning.
8    (c) Staffing for these specialized units should include a
9multidisciplinary team of appropriately licensed or certified
10professionals and paraprofessionals able to implement methods
11including, but not limited to:
12        (1) medication review and medication therapy;
13        (2) medical assessment and referrals;
14        (3) individual, group, and family therapies;
15        (4) functional behavior assessment;
16        (5) behavioral interventions;
17        (6) behavior training with family and agencies;
18        (7) social skills training;
19        (8) adaptive and self-care skills training;
20        (9) educational and developmental learning center;
21        (10) disposition planning;
22        (11) parent or guardian management training;
23        (12) problem-solving training;
24        (13) self-management training;
25        (14) cognitive behavioral therapy; and
26        (15) dialectical behavior therapy.
 

 

 

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1    Section 10. The Child Care Act of 1969 is amended by adding
2Section 7.12 as follows:
 
3    (225 ILCS 10/7.12 new)
4    Sec. 7.12. Child welfare supervisors.
5    (a) Child welfare supervisors shall satisfy the following
6requirements:
7        (1) a child welfare supervisor not working in a group
8    home, child care institution, or maternity center shall
9    have a bachelor's degree listed in subsection (b) and 5
10    years of experience in a child welfare setting;
11        (2) a child welfare supervisor working at a group home
12    shall have a high school diploma or high school
13    equivalency certificate and 2 years of experience within a
14    child or adult residential program or a bachelor's degree
15    listed in subsection (b) and one year of experience
16    working in child or adult residential programs; and
17        (3) a child welfare supervisor working at a child care
18    institution or maternity shall have a high school diploma
19    or high school equivalency certificate.
20    (b) The Department shall accept the following degrees as
21human services degrees:
22        (1) applied behavioral services;
23        (2) behavioral analysis and therapy;
24        (3) child and adolescent development;

 

 

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1        (4) communicative disorders, with a specialization in
2    rehabilitation counseling;
3        (5) community counseling;
4        (6) correctional counseling;
5        (7) counseling;
6        (8) counseling for child welfare specialists;
7        (9) counseling and organizational psychology;
8        (10) counseling studies;
9        (11) criminal justice;
10        (12) health and human services;
11        (13) education with a specialization in counseling,
12    counseling and human development, guidance and counseling,
13    curriculum development, family and consumer sciences, or
14    school counseling, or with coursework in early childhood,
15    childhood psycho-pathology, pre-school children, or
16    alcoholism and other drug abuse;
17        (14) health and wellness;
18        (15) human behavior;
19        (16) human development;
20        (17) human ecology, with specialization in human
21    development and family studies;
22        (18) human services and counseling;
23        (19) human services management;
24        (20) leadership and human services administration;
25        (21) non-profit management;
26        (22) professional counseling;

 

 

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1        (23) public health administration;
2        (24) public management;
3        (25) rehabilitation counseling;
4        (26) social and behavioral psychology;
5        (27) social psychology;
6        (28) urban education and community counseling; and
7        (29) youth and family services and administration.
8    (c) The Central Office of Licensing at the Department
9shall convene a 5 person panel to review all transcripts and
10course information and make a decision on the equivalency of
11the college degree to a human services degree. The panel must
12include representation from a community-based provider.
 
13    Section 15. The Illinois Public Aid Code is amended by
14changing Section 9A-11 as follows:
 
15    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
16    Sec. 9A-11. Child care.
17    (a) The General Assembly recognizes that families with
18children need child care in order to work. Child care is
19expensive and families with low incomes, including those who
20are transitioning from welfare to work, often struggle to pay
21the costs of day care. The General Assembly understands the
22importance of helping low-income working families become and
23remain self-sufficient. The General Assembly also believes
24that it is the responsibility of families to share in the costs

 

 

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1of child care. It is also the preference of the General
2Assembly that all working poor families should be treated
3equally, regardless of their welfare status.
4    (b) To the extent resources permit, the Illinois
5Department shall provide child care services to parents or
6other relatives as defined by rule who are working or
7participating in employment or Department approved education
8or training programs. At a minimum, the Illinois Department
9shall cover the following categories of families:
10        (1) recipients of TANF under Article IV participating
11    in work and training activities as specified in the
12    personal plan for employment and self-sufficiency;
13        (2) families transitioning from TANF to work;
14        (3) families at risk of becoming recipients of TANF;
15        (4) families with special needs as defined by rule;
16        (5) working families with very low incomes as defined
17    by rule;
18        (6) families that are not recipients of TANF and that
19    need child care assistance to participate in education and
20    training activities; and
21        (6.5) youth in care as defined by Section 4d of the
22    Children and Family Services Act;
23        (7) families with children under the age of 5 who have
24    an open intact family services case with the Department of
25    Children and Family Services. Any family that receives
26    child care assistance in accordance with this paragraph

 

 

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1    shall remain eligible for child care assistance 6 months
2    after the child's intact family services case is closed,
3    regardless of whether the child's parents or other
4    relatives as defined by rule are working or participating
5    in Department approved employment or education or training
6    programs. The Department of Human Services, in
7    consultation with the Department of Children and Family
8    Services, shall adopt rules to protect the privacy of
9    families who are the subject of an open intact family
10    services case when such families enroll in child care
11    services. Additional rules shall be adopted to offer
12    children who have an open intact family services case the
13    opportunity to receive an Early Intervention screening and
14    other services that their families may be eligible for as
15    provided by the Department of Human Services; and .
16        (8) families receiving Extended Family Support Program
17    services from the Department of Children and Family
18    Services.
19    The Department shall specify by rule the conditions of
20eligibility, the application process, and the types, amounts,
21and duration of services. Eligibility for child care benefits
22and the amount of child care provided may vary based on family
23size, income, and other factors as specified by rule.
24    The Department shall update the Child Care Assistance
25Program Eligibility Calculator posted on its website to
26include a question on whether a family is applying for child

 

 

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1care assistance for the first time or is applying for a
2redetermination of eligibility.
3    A family's eligibility for child care services shall be
4redetermined no sooner than 12 months following the initial
5determination or most recent redetermination. During the
612-month periods, the family shall remain eligible for child
7care services regardless of (i) a change in family income,
8unless family income exceeds 85% of State median income, or
9(ii) a temporary change in the ongoing status of the parents or
10other relatives, as defined by rule, as working or attending a
11job training or educational program.
12    In determining income eligibility for child care benefits,
13the Department annually, at the beginning of each fiscal year,
14shall establish, by rule, one income threshold for each family
15size, in relation to percentage of State median income for a
16family of that size, that makes families with incomes below
17the specified threshold eligible for assistance and families
18with incomes above the specified threshold ineligible for
19assistance. Through and including fiscal year 2007, the
20specified threshold must be no less than 50% of the
21then-current State median income for each family size.
22Beginning in fiscal year 2008, the specified threshold must be
23no less than 185% of the then-current federal poverty level
24for each family size. Notwithstanding any other provision of
25law or administrative rule to the contrary, beginning in
26fiscal year 2019, the specified threshold for working families

 

 

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1with very low incomes as defined by rule must be no less than
2185% of the then-current federal poverty level for each family
3size. Notwithstanding any other provision of law or
4administrative rule to the contrary, beginning in State fiscal
5year 2022, the specified income threshold shall be no less
6than 200% of the then-current federal poverty level for each
7family size.
8    In determining eligibility for assistance, the Department
9shall not give preference to any category of recipients or
10give preference to individuals based on their receipt of
11benefits under this Code.
12    Nothing in this Section shall be construed as conferring
13entitlement status to eligible families.
14    The Illinois Department is authorized to lower income
15eligibility ceilings, raise parent co-payments, create waiting
16lists, or take such other actions during a fiscal year as are
17necessary to ensure that child care benefits paid under this
18Article do not exceed the amounts appropriated for those child
19care benefits. These changes may be accomplished by emergency
20rule under Section 5-45 of the Illinois Administrative
21Procedure Act, except that the limitation on the number of
22emergency rules that may be adopted in a 24-month period shall
23not apply.
24    The Illinois Department may contract with other State
25agencies or child care organizations for the administration of
26child care services.

 

 

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1    (c) Payment shall be made for child care that otherwise
2meets the requirements of this Section and applicable
3standards of State and local law and regulation, including any
4requirements the Illinois Department promulgates by rule in
5addition to the licensure requirements promulgated by the
6Department of Children and Family Services and Fire Prevention
7and Safety requirements promulgated by the Office of the State
8Fire Marshal, and is provided in any of the following:
9        (1) a child care center which is licensed or exempt
10    from licensure pursuant to Section 2.09 of the Child Care
11    Act of 1969;
12        (2) a licensed child care home or home exempt from
13    licensing;
14        (3) a licensed group child care home;
15        (4) other types of child care, including child care
16    provided by relatives or persons living in the same home
17    as the child, as determined by the Illinois Department by
18    rule.
19    (c-5) Solely for the purposes of coverage under the
20Illinois Public Labor Relations Act, child and day care home
21providers, including licensed and license exempt,
22participating in the Department's child care assistance
23program shall be considered to be public employees and the
24State of Illinois shall be considered to be their employer as
25of January 1, 2006 (the effective date of Public Act 94-320),
26but not before. The State shall engage in collective

 

 

SB3747- 11 -LRB102 25788 SPS 35121 b

1bargaining with an exclusive representative of child and day
2care home providers participating in the child care assistance
3program concerning their terms and conditions of employment
4that are within the State's control. Nothing in this
5subsection shall be understood to limit the right of families
6receiving services defined in this Section to select child and
7day care home providers or supervise them within the limits of
8this Section. The State shall not be considered to be the
9employer of child and day care home providers for any purposes
10not specifically provided in Public Act 94-320, including, but
11not limited to, purposes of vicarious liability in tort and
12purposes of statutory retirement or health insurance benefits.
13Child and day care home providers shall not be covered by the
14State Employees Group Insurance Act of 1971.
15    In according child and day care home providers and their
16selected representative rights under the Illinois Public Labor
17Relations Act, the State intends that the State action
18exemption to application of federal and State antitrust laws
19be fully available to the extent that their activities are
20authorized by Public Act 94-320.
21    (d) The Illinois Department shall establish, by rule, a
22co-payment scale that provides for cost sharing by families
23that receive child care services, including parents whose only
24income is from assistance under this Code. The co-payment
25shall be based on family income and family size and may be
26based on other factors as appropriate. Co-payments may be

 

 

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1waived for families whose incomes are at or below the federal
2poverty level.
3    (d-5) The Illinois Department, in consultation with its
4Child Care and Development Advisory Council, shall develop a
5plan to revise the child care assistance program's co-payment
6scale. The plan shall be completed no later than February 1,
72008, and shall include:
8        (1) findings as to the percentage of income that the
9    average American family spends on child care and the
10    relative amounts that low-income families and the average
11    American family spend on other necessities of life;
12        (2) recommendations for revising the child care
13    co-payment scale to assure that families receiving child
14    care services from the Department are paying no more than
15    they can reasonably afford;
16        (3) recommendations for revising the child care
17    co-payment scale to provide at-risk children with complete
18    access to Preschool for All and Head Start; and
19        (4) recommendations for changes in child care program
20    policies that affect the affordability of child care.
21    (e) (Blank).
22    (f) The Illinois Department shall, by rule, set rates to
23be paid for the various types of child care. Child care may be
24provided through one of the following methods:
25        (1) arranging the child care through eligible
26    providers by use of purchase of service contracts or

 

 

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1    vouchers;
2        (2) arranging with other agencies and community
3    volunteer groups for non-reimbursed child care;
4        (3) (blank); or
5        (4) adopting such other arrangements as the Department
6    determines appropriate.
7    (f-1) Within 30 days after June 4, 2018 (the effective
8date of Public Act 100-587), the Department of Human Services
9shall establish rates for child care providers that are no
10less than the rates in effect on January 1, 2018 increased by
114.26%.
12    (f-5) (Blank).
13    (g) Families eligible for assistance under this Section
14shall be given the following options:
15        (1) receiving a child care certificate issued by the
16    Department or a subcontractor of the Department that may
17    be used by the parents as payment for child care and
18    development services only; or
19        (2) if space is available, enrolling the child with a
20    child care provider that has a purchase of service
21    contract with the Department or a subcontractor of the
22    Department for the provision of child care and development
23    services. The Department may identify particular priority
24    populations for whom they may request special
25    consideration by a provider with purchase of service
26    contracts, provided that the providers shall be permitted

 

 

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1    to maintain a balance of clients in terms of household
2    incomes and families and children with special needs, as
3    defined by rule.
4(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
5102-491, eff. 8-20-21; revised 11-8-21.)
 
6    Section 20. The Early Intervention Services System Act is
7amended by changing Section 3 as follows:
 
8    (325 ILCS 20/3)  (from Ch. 23, par. 4153)
9    Sec. 3. Definitions. As used in this Act:
10    (a) "Eligible infants and toddlers" means infants and
11toddlers under 36 months of age with any of the following
12conditions:
13        (1) Developmental delays.
14        (2) A physical or mental condition which typically
15    results in developmental delay.
16        (3) Being at risk of having substantial developmental
17    delays based on informed clinical opinion.
18        (4) Either (A) having entered the program under any of
19    the circumstances listed in paragraphs (1) through (3) of
20    this subsection but no longer meeting the current
21    eligibility criteria under those paragraphs, and
22    continuing to have any measurable delay, or (B) not having
23    attained a level of development in each area, including
24    (i) cognitive, (ii) physical (including vision and

 

 

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1    hearing), (iii) language, speech, and communication, (iv)
2    social or emotional, or (v) adaptive, that is at least at
3    the mean of the child's age equivalent peers; and, in
4    addition to either item (A) or item (B), (C) having been
5    determined by the multidisciplinary individualized family
6    service plan team to require the continuation of early
7    intervention services in order to support continuing
8    developmental progress, pursuant to the child's needs and
9    provided in an appropriate developmental manner. The type,
10    frequency, and intensity of services shall differ from the
11    initial individualized family services plan because of the
12    child's developmental progress, and may consist of only
13    service coordination, evaluation, and assessments.
14    "Eligible infants and toddlers" includes any child under
15the age of 3 who is the subject of a substantiated case of
16child abuse or neglect, as defined by the federal Child Abuse
17Prevention and Treatment Act.
18    (b) "Developmental delay" means a delay in one or more of
19the following areas of childhood development as measured by
20appropriate diagnostic instruments and standard procedures:
21cognitive; physical, including vision and hearing; language,
22speech and communication; social or emotional; or adaptive.
23The term means a delay of 30% or more below the mean in
24function in one or more of those areas.
25    (c) "Physical or mental condition which typically results
26in developmental delay" means:

 

 

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1        (1) a diagnosed medical disorder or exposure to a
2    toxic substance bearing a relatively well known expectancy
3    for developmental outcomes within varying ranges of
4    developmental disabilities; or
5        (2) a history of prenatal, perinatal, neonatal or
6    early developmental events suggestive of biological
7    insults to the developing central nervous system and which
8    either singly or collectively increase the probability of
9    developing a disability or delay based on a medical
10    history.
11    (d) "Informed clinical opinion" means both clinical
12observations and parental participation to determine
13eligibility by a consensus of a multidisciplinary team of 2 or
14more members based on their professional experience and
15expertise.
16    (e) "Early intervention services" means services which:
17        (1) are designed to meet the developmental needs of
18    each child eligible under this Act and the needs of his or
19    her family;
20        (2) are selected in collaboration with the child's
21    family;
22        (3) are provided under public supervision;
23        (4) are provided at no cost except where a schedule of
24    sliding scale fees or other system of payments by families
25    has been adopted in accordance with State and federal law;
26        (5) are designed to meet an infant's or toddler's

 

 

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1    developmental needs in any of the following areas:
2            (A) physical development, including vision and
3        hearing,
4            (B) cognitive development,
5            (C) communication development,
6            (D) social or emotional development, or
7            (E) adaptive development;
8        (6) meet the standards of the State, including the
9    requirements of this Act;
10        (7) include one or more of the following:
11            (A) family training,
12            (B) social work services, including counseling,
13        and home visits,
14            (C) special instruction,
15            (D) speech, language pathology and audiology,
16            (E) occupational therapy,
17            (F) physical therapy,
18            (G) psychological services,
19            (H) service coordination services,
20            (I) medical services only for diagnostic or
21        evaluation purposes,
22            (J) early identification, screening, and
23        assessment services,
24            (K) health services specified by the lead agency
25        as necessary to enable the infant or toddler to
26        benefit from the other early intervention services,

 

 

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1            (L) vision services,
2            (M) transportation,
3            (N) assistive technology devices and services,
4            (O) nursing services,
5            (P) nutrition services, and
6            (Q) sign language and cued language services;
7        (8) are provided by qualified personnel, including but
8    not limited to:
9            (A) child development specialists or special
10        educators, including teachers of children with hearing
11        impairments (including deafness) and teachers of
12        children with vision impairments (including
13        blindness),
14            (B) speech and language pathologists and
15        audiologists,
16            (C) occupational therapists,
17            (D) physical therapists,
18            (E) social workers,
19            (F) nurses,
20            (G) dietitian nutritionists,
21            (H) vision specialists, including ophthalmologists
22        and optometrists,
23            (I) psychologists, and
24            (J) physicians;
25        (9) are provided in conformity with an Individualized
26    Family Service Plan;

 

 

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1        (10) are provided throughout the year; and
2        (11) are provided in natural environments, to the
3    maximum extent appropriate, which may include the home and
4    community settings, unless justification is provided
5    consistent with federal regulations adopted under Sections
6    1431 through 1444 of Title 20 of the United States Code.
7    (f) "Individualized Family Service Plan" or "Plan" means a
8written plan for providing early intervention services to a
9child eligible under this Act and the child's family, as set
10forth in Section 11.
11    (g) "Local interagency agreement" means an agreement
12entered into by local community and State and regional
13agencies receiving early intervention funds directly from the
14State and made in accordance with State interagency agreements
15providing for the delivery of early intervention services
16within a local community area.
17    (h) "Council" means the Illinois Interagency Council on
18Early Intervention established under Section 4.
19    (i) "Lead agency" means the State agency responsible for
20administering this Act and receiving and disbursing public
21funds received in accordance with State and federal law and
22rules.
23    (i-5) "Central billing office" means the central billing
24office created by the lead agency under Section 13.
25    (j) "Child find" means a service which identifies eligible
26infants and toddlers.

 

 

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1    (k) "Regional intake entity" means the lead agency's
2designated entity responsible for implementation of the Early
3Intervention Services System within its designated geographic
4area.
5    (l) "Early intervention provider" means an individual who
6is qualified, as defined by the lead agency, to provide one or
7more types of early intervention services, and who has
8enrolled as a provider in the early intervention program.
9    (m) "Fully credentialed early intervention provider" means
10an individual who has met the standards in the State
11applicable to the relevant profession, and has met such other
12qualifications as the lead agency has determined are suitable
13for personnel providing early intervention services, including
14pediatric experience, education, and continuing education. The
15lead agency shall establish these qualifications by rule filed
16no later than 180 days after the effective date of this
17amendatory Act of the 92nd General Assembly.
18    (n) "Telehealth" has the meaning given to that term in
19Section 5 of the Telehealth Act.
20(Source: P.A. 101-10, eff. 6-5-19; 102-104, eff. 7-22-21.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law, except that the changes to Section 15 take
23effect on July 1, 2023.