SB3747 EngrossedLRB102 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 15. 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) foster parents or caregivers of youth in care as
14    defined in Section 4d of the Children and Family Services
15    Act, regardless of whether they are working or
16    participating in Department-approved employment or
17    education or training programs. Assistance provided under
18    this paragraph shall be for the care of the youth in care;
19        (8) youth in care, as defined in Section 4d of the
20    Children and Family Services Act, who are parents,
21    regardless of whether they are working or participating in
22    Department-approved employment or education or training
23    programs. Any family that receives child care assistance
24    in accordance with this paragraph shall receive one
25    additional 12-month child care eligibility period after
26    the parenting youth in care's case with the Department of

 

 

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1    Children and Family Services is closed, regardless of
2    whether they are working or participating in
3    Department-approved employment or education or training
4    programs;
5        (9) parents who have custody of their children and
6    their children are the subjects of pending cases under
7    Article II of the Juvenile Court Act of 1987, regardless
8    of whether they are working or participating in
9    Department-approved employment or education or training
10    programs. Any family that receives child care assistance
11    in accordance with this paragraph shall remain eligible
12    for child care assistance 6 months after the child's case
13    under Article II of the Juvenile Court Act of 1987 is
14    closed, regardless of whether the child's parents are
15    working or participating in Department-approved employment
16    or education or training programs;
17        (10) (7) families with children under the age of 5 who
18    have an open intact family services case with the
19    Department of Children and Family Services. Any family
20    that receives child care assistance in accordance with
21    this paragraph shall remain eligible for child care
22    assistance 6 months after the child's intact family
23    services case is closed, regardless of whether the child's
24    parents or other relatives as defined by rule are working
25    or participating in Department approved employment or
26    education or training programs. The Department of Human

 

 

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1    Services, in consultation with the Department of Children
2    and Family Services, shall adopt rules to protect the
3    privacy of families who are the subject of an open intact
4    family services case when such families enroll in child
5    care services. Additional rules shall be adopted to offer
6    children who have an open intact family services case the
7    opportunity to receive an Early Intervention screening and
8    other services that their families may be eligible for as
9    provided by the Department of Human Services; and .
10        (11) families receiving Extended Family Support
11    Program services from the Department of Children and
12    Family Services, regardless of whether they are working or
13    participating in Department-approved employment or
14    education or training programs.
15    The Department shall specify by rule the conditions of
16eligibility, the application process, and the types, amounts,
17and duration of services. Eligibility for child care benefits
18and the amount of child care provided may vary based on family
19size, income, and other factors as specified by rule.
20    The Department shall update the Child Care Assistance
21Program Eligibility Calculator posted on its website to
22include a question on whether a family is applying for child
23care assistance for the first time or is applying for a
24redetermination of eligibility.
25    A family's eligibility for child care services shall be
26redetermined no sooner than 12 months following the initial

 

 

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1determination or most recent redetermination. During the
212-month periods, the family shall remain eligible for child
3care services regardless of (i) a change in family income,
4unless family income exceeds 85% of State median income, or
5(ii) a temporary change in the ongoing status of the parents or
6other relatives, as defined by rule, as working or attending a
7job training or educational program.
8    In determining income eligibility for child care benefits,
9the Department annually, at the beginning of each fiscal year,
10shall establish, by rule, one income threshold for each family
11size, in relation to percentage of State median income for a
12family of that size, that makes families with incomes below
13the specified threshold eligible for assistance and families
14with incomes above the specified threshold ineligible for
15assistance. Through and including fiscal year 2007, the
16specified threshold must be no less than 50% of the
17then-current State median income for each family size.
18Beginning in fiscal year 2008, the specified threshold must be
19no less than 185% of the then-current federal poverty level
20for each family size. Notwithstanding any other provision of
21law or administrative rule to the contrary, beginning in
22fiscal year 2019, the specified threshold for working families
23with very low incomes as defined by rule must be no less than
24185% of the then-current federal poverty level for each family
25size. Notwithstanding any other provision of law or
26administrative rule to the contrary, beginning in State fiscal

 

 

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1year 2022, the specified income threshold shall be no less
2than 200% of the then-current federal poverty level for each
3family size.
4    In determining eligibility for assistance, the Department
5shall not give preference to any category of recipients or
6give preference to individuals based on their receipt of
7benefits under this Code.
8    Nothing in this Section shall be construed as conferring
9entitlement status to eligible families.
10    The Illinois Department is authorized to lower income
11eligibility ceilings, raise parent co-payments, create waiting
12lists, or take such other actions during a fiscal year as are
13necessary to ensure that child care benefits paid under this
14Article do not exceed the amounts appropriated for those child
15care benefits. These changes may be accomplished by emergency
16rule under Section 5-45 of the Illinois Administrative
17Procedure Act, except that the limitation on the number of
18emergency rules that may be adopted in a 24-month period shall
19not apply.
20    The Illinois Department may contract with other State
21agencies or child care organizations for the administration of
22child care services.
23    (c) Payment shall be made for child care that otherwise
24meets the requirements of this Section and applicable
25standards of State and local law and regulation, including any
26requirements the Illinois Department promulgates by rule in

 

 

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1addition to the licensure requirements promulgated by the
2Department of Children and Family Services and Fire Prevention
3and Safety requirements promulgated by the Office of the State
4Fire Marshal, and is provided in any of the following:
5        (1) a child care center which is licensed or exempt
6    from licensure pursuant to Section 2.09 of the Child Care
7    Act of 1969;
8        (2) a licensed child care home or home exempt from
9    licensing;
10        (3) a licensed group child care home;
11        (4) other types of child care, including child care
12    provided by relatives or persons living in the same home
13    as the child, as determined by the Illinois Department by
14    rule.
15    (c-5) Solely for the purposes of coverage under the
16Illinois Public Labor Relations Act, child and day care home
17providers, including licensed and license exempt,
18participating in the Department's child care assistance
19program shall be considered to be public employees and the
20State of Illinois shall be considered to be their employer as
21of January 1, 2006 (the effective date of Public Act 94-320),
22but not before. The State shall engage in collective
23bargaining with an exclusive representative of child and day
24care home providers participating in the child care assistance
25program concerning their terms and conditions of employment
26that are within the State's control. Nothing in this

 

 

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1subsection shall be understood to limit the right of families
2receiving services defined in this Section to select child and
3day care home providers or supervise them within the limits of
4this Section. The State shall not be considered to be the
5employer of child and day care home providers for any purposes
6not specifically provided in Public Act 94-320, including, but
7not limited to, purposes of vicarious liability in tort and
8purposes of statutory retirement or health insurance benefits.
9Child and day care home providers shall not be covered by the
10State Employees Group Insurance Act of 1971.
11    In according child and day care home providers and their
12selected representative rights under the Illinois Public Labor
13Relations Act, the State intends that the State action
14exemption to application of federal and State antitrust laws
15be fully available to the extent that their activities are
16authorized by Public Act 94-320.
17    (d) The Illinois Department shall establish, by rule, a
18co-payment scale that provides for cost sharing by families
19that receive child care services, including parents whose only
20income is from assistance under this Code. The co-payment
21shall be based on family income and family size and may be
22based on other factors as appropriate. Co-payments may be
23waived for families whose incomes are at or below the federal
24poverty level.
25    (d-5) The Illinois Department, in consultation with its
26Child Care and Development Advisory Council, shall develop a

 

 

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1plan to revise the child care assistance program's co-payment
2scale. The plan shall be completed no later than February 1,
32008, and shall include:
4        (1) findings as to the percentage of income that the
5    average American family spends on child care and the
6    relative amounts that low-income families and the average
7    American family spend on other necessities of life;
8        (2) recommendations for revising the child care
9    co-payment scale to assure that families receiving child
10    care services from the Department are paying no more than
11    they can reasonably afford;
12        (3) recommendations for revising the child care
13    co-payment scale to provide at-risk children with complete
14    access to Preschool for All and Head Start; and
15        (4) recommendations for changes in child care program
16    policies that affect the affordability of child care.
17    (e) (Blank).
18    (f) The Illinois Department shall, by rule, set rates to
19be paid for the various types of child care. Child care may be
20provided through one of the following methods:
21        (1) arranging the child care through eligible
22    providers by use of purchase of service contracts or
23    vouchers;
24        (2) arranging with other agencies and community
25    volunteer groups for non-reimbursed child care;
26        (3) (blank); or

 

 

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1        (4) adopting such other arrangements as the Department
2    determines appropriate.
3    (f-1) Within 30 days after June 4, 2018 (the effective
4date of Public Act 100-587), the Department of Human Services
5shall establish rates for child care providers that are no
6less than the rates in effect on January 1, 2018 increased by
74.26%.
8    (f-5) (Blank).
9    (g) Families eligible for assistance under this Section
10shall be given the following options:
11        (1) receiving a child care certificate issued by the
12    Department or a subcontractor of the Department that may
13    be used by the parents as payment for child care and
14    development services only; or
15        (2) if space is available, enrolling the child with a
16    child care provider that has a purchase of service
17    contract with the Department or a subcontractor of the
18    Department for the provision of child care and development
19    services. The Department may identify particular priority
20    populations for whom they may request special
21    consideration by a provider with purchase of service
22    contracts, provided that the providers shall be permitted
23    to maintain a balance of clients in terms of household
24    incomes and families and children with special needs, as
25    defined by rule.
26(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;

 

 

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1102-491, eff. 8-20-21; revised 11-8-21.)"; and
 
2    Section 20. The Early Intervention Services System Act is
3amended by changing Section 3 as follows:
 
4    (325 ILCS 20/3)  (from Ch. 23, par. 4153)
5    Sec. 3. Definitions. As used in this Act:
6    (a) "Eligible infants and toddlers" means infants and
7toddlers under 36 months of age with any of the following
8conditions:
9        (1) Developmental delays.
10        (2) A physical or mental condition which typically
11    results in developmental delay.
12        (3) Being at risk of having substantial developmental
13    delays based on informed clinical opinion.
14        (4) Either (A) having entered the program under any of
15    the circumstances listed in paragraphs (1) through (3) of
16    this subsection but no longer meeting the current
17    eligibility criteria under those paragraphs, and
18    continuing to have any measurable delay, or (B) not having
19    attained a level of development in each area, including
20    (i) cognitive, (ii) physical (including vision and
21    hearing), (iii) language, speech, and communication, (iv)
22    social or emotional, or (v) adaptive, that is at least at
23    the mean of the child's age equivalent peers; and, in
24    addition to either item (A) or item (B), (C) having been

 

 

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

 

 

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

 

 

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

 

 

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1            (P) nutrition services, and
2            (Q) sign language and cued language services;
3        (8) are provided by qualified personnel, including but
4    not limited to:
5            (A) child development specialists or special
6        educators, including teachers of children with hearing
7        impairments (including deafness) and teachers of
8        children with vision impairments (including
9        blindness),
10            (B) speech and language pathologists and
11        audiologists,
12            (C) occupational therapists,
13            (D) physical therapists,
14            (E) social workers,
15            (F) nurses,
16            (G) dietitian nutritionists,
17            (H) vision specialists, including ophthalmologists
18        and optometrists,
19            (I) psychologists, and
20            (J) physicians;
21        (9) are provided in conformity with an Individualized
22    Family Service Plan;
23        (10) are provided throughout the year; and
24        (11) are provided in natural environments, to the
25    maximum extent appropriate, which may include the home and
26    community settings, unless justification is provided

 

 

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

 

 

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1    (l) "Early intervention provider" means an individual who
2is qualified, as defined by the lead agency, to provide one or
3more types of early intervention services, and who has
4enrolled as a provider in the early intervention program.
5    (m) "Fully credentialed early intervention provider" means
6an individual who has met the standards in the State
7applicable to the relevant profession, and has met such other
8qualifications as the lead agency has determined are suitable
9for personnel providing early intervention services, including
10pediatric experience, education, and continuing education. The
11lead agency shall establish these qualifications by rule filed
12no later than 180 days after the effective date of this
13amendatory Act of the 92nd General Assembly.
14    (n) "Telehealth" has the meaning given to that term in
15Section 5 of the Telehealth Act.
16(Source: P.A. 101-10, eff. 6-5-19; 102-104, eff. 7-22-21.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law, except that Section 15 takes effect on July 1,
192023.