103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4432

 

Introduced 1/16/2024, by Rep. Harry Benton

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/9A-11  from Ch. 23, par. 9A-11

    Amends the Illinois Public Aid Code. In a provision concerning the child care assistance program, provides that beginning in State fiscal year 2025, the specified income threshold shall be no less than 400% of the then current federal poverty level for each family size. Effective July 1, 2024.


LRB103 36581 KTG 66690 b

 

 

A BILL FOR

 

HB4432LRB103 36581 KTG 66690 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 limited access to economic
11resources, including those who are transitioning from welfare
12to work, often struggle to pay the costs of day care. The
13General Assembly understands the importance of helping working
14families with limited access to economic resources become and
15remain self-sufficient. The General Assembly also believes
16that it is the responsibility of families to share in the costs
17of child care. It is also the preference of the General
18Assembly that all working families with limited access to
19economic resources should be treated equally, regardless of
20their welfare status.
21    (b) To the extent resources permit, the Illinois
22Department shall provide child care services to parents or
23other relatives as defined by rule who are working or

 

 

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1participating in employment or Department approved education
2or training programs. At a minimum, the Illinois Department
3shall cover the following categories of families:
4        (1) recipients of TANF under Article IV participating
5    in work and training activities as specified in the
6    personal plan for employment and self-sufficiency;
7        (2) families transitioning from TANF to work;
8        (3) families at risk of becoming recipients of TANF;
9        (4) families with special needs as defined by rule;
10        (5) working families with very low incomes as defined
11    by rule;
12        (6) families that are not recipients of TANF and that
13    need child care assistance to participate in education and
14    training activities;
15        (7) youth in care, as defined in Section 4d of the
16    Children and Family Services Act, who are parents,
17    regardless of income or whether they are working or
18    participating in Department-approved employment or
19    education or training programs. Any family that receives
20    child care assistance in accordance with this paragraph
21    shall receive one additional 12-month child care
22    eligibility period after the parenting youth in care's
23    case with the Department of Children and Family Services
24    is closed, regardless of income or whether the parenting
25    youth in care is working or participating in
26    Department-approved employment or education or training

 

 

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1    programs;
2        (8) families receiving Extended Family Support Program
3    services from the Department of Children and Family
4    Services, regardless of income or whether they are working
5    or participating in Department-approved employment or
6    education or training programs; and
7        (9) families with children under the age of 5 who have
8    an open intact family services case with the Department of
9    Children and Family Services. Any family that receives
10    child care assistance in accordance with this paragraph
11    shall remain eligible for child care assistance 6 months
12    after the child's intact family services case is closed,
13    regardless of whether the child's parents or other
14    relatives as defined by rule are working or participating
15    in Department approved employment or education or training
16    programs. The Department of Human Services, in
17    consultation with the Department of Children and Family
18    Services, shall adopt rules to protect the privacy of
19    families who are the subject of an open intact family
20    services case when such families enroll in child care
21    services. Additional rules shall be adopted to offer
22    children who have an open intact family services case the
23    opportunity to receive an Early Intervention screening and
24    other services that their families may be eligible for as
25    provided by the Department of Human Services.
26    Beginning October 1, 2023, and every October 1 thereafter,

 

 

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1the Department of Children and Family Services shall report to
2the General Assembly on the number of children who received
3child care via vouchers paid for by the Department of Children
4and Family Services during the preceding fiscal year. The
5report shall include the ages of children who received child
6care, the type of child care they received, and the number of
7months they received child care.
8    The Department shall specify by rule the conditions of
9eligibility, the application process, and the types, amounts,
10and duration of services. Eligibility for child care benefits
11and the amount of child care provided may vary based on family
12size, income, and other factors as specified by rule.
13    The Department shall update the Child Care Assistance
14Program Eligibility Calculator posted on its website to
15include a question on whether a family is applying for child
16care assistance for the first time or is applying for a
17redetermination of eligibility.
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. Notwithstanding any other provision of law or
19administrative rule to the contrary, beginning in State fiscal
20year 2022 through State fiscal year 2023, the specified income
21threshold shall be no less than 200% of the then-current
22federal poverty level for each family size. In Beginning in
23State fiscal year 2024, the specified income threshold shall
24be no less than 225% of the then-current federal poverty level
25for each family size. Beginning in State fiscal year 2025, the
26specified income threshold shall be no less than 400% of the

 

 

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

 

 

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

 

 

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1day care home providers or supervise them within the limits of
2this Section. The State shall not be considered to be the
3employer of child and day care home providers for any purposes
4not specifically provided in Public Act 94-320, including, but
5not limited to, purposes of vicarious liability in tort and
6purposes of statutory retirement or health insurance benefits.
7Child and day care home providers shall not be covered by the
8State Employees Group Insurance Act of 1971.
9    In according child and day care home providers and their
10selected representative rights under the Illinois Public Labor
11Relations Act, the State intends that the State action
12exemption to application of federal and State antitrust laws
13be fully available to the extent that their activities are
14authorized by Public Act 94-320.
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
19shall be based on family income and family size and may be
20based on other factors as appropriate. Co-payments may be
21waived for families whose incomes are at or below the federal
22poverty level.
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,

 

 

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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
17be paid 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.

 

 

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1    (f-1) Within 30 days after June 4, 2018 (the effective
2date of Public Act 100-587), the Department of Human Services
3shall establish rates for child care providers that are no
4less than the rates in effect on January 1, 2018 increased by
54.26%.
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
11    be 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
15    contract with the Department or a subcontractor of the
16    Department for the provision of child care and development
17    services. 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. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
25102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
 
26    Section 99. Effective date. This Act takes effect July 1,

 

 

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12024.