Full Text of SB1796 103rd General Assembly
SB1796sam001 103RD GENERAL ASSEMBLY | Sen. Cristina H. Pacione-Zayas Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 1796
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1796 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing 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 | 9 | | children need child
care in order to work. Child care is | 10 | | expensive and families with low incomes,
including those who | 11 | | are transitioning from welfare to work, often struggle to
pay | 12 | | the costs of day care. The
General Assembly understands the | 13 | | importance of helping low-income working
families become and | 14 | | remain self-sufficient. The General Assembly also believes
| 15 | | that it is the responsibility of families to share in the costs | 16 | | of child care.
It is also the preference of the General |
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| 1 | | Assembly that all working poor
families should be treated | 2 | | equally, regardless of their welfare status.
| 3 | | (b) To the extent resources permit, the Illinois | 4 | | Department shall provide
child care services to parents or | 5 | | other relatives as defined by rule who are
working or | 6 | | participating in employment or Department approved
education | 7 | | or training programs. At a minimum, the Illinois Department | 8 | | shall
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; | 20 | | (7) youth in care, as defined in Section 4d of the | 21 | | Children and Family Services Act, who are parents, | 22 | | regardless of income or whether they are working or | 23 | | participating in Department-approved employment or | 24 | | education or training programs. Any family that receives | 25 | | child care assistance in accordance with this paragraph | 26 | | shall receive one additional 12-month child care |
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| 1 | | eligibility period after the parenting youth in care's | 2 | | case with the Department of Children and Family Services | 3 | | is closed, regardless of income or whether the parenting | 4 | | youth in care is working or participating in | 5 | | Department-approved employment or education or training | 6 | | programs; | 7 | | (8) families receiving Extended Family Support Program | 8 | | services from the Department of Children and Family | 9 | | Services, regardless of income or whether they are working | 10 | | or participating in Department-approved employment or | 11 | | education or training programs; and | 12 | | (9) families with children under the age of 5 who have | 13 | | an open intact family services case with the Department of | 14 | | Children and Family Services. Any family that receives | 15 | | child care assistance in accordance with this paragraph | 16 | | shall remain eligible for child care assistance 6 months | 17 | | after the child's intact family services case is closed, | 18 | | regardless of whether the child's parents or other | 19 | | relatives as defined by rule are working or participating | 20 | | in Department approved employment or education or training | 21 | | programs. The Department of Human Services, in | 22 | | consultation with the Department of Children and Family | 23 | | Services, shall adopt rules to protect the privacy of | 24 | | families who are the subject of an open intact family | 25 | | services case when such families enroll in child care | 26 | | services. Additional rules shall be adopted to offer |
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| 1 | | children who have an open intact family services case the | 2 | | opportunity to receive an Early Intervention screening and | 3 | | other services that their families may be eligible for as | 4 | | provided by the Department of Human Services ; and . | 5 | | (10) families determined to have categorical | 6 | | eligibility. For the purpose of this paragraph, | 7 | | "categorical eligibility" refers to a policy in which all | 8 | | families or households receiving benefits under the | 9 | | federal Supplemental Nutrition Assistance Program (SNAP) | 10 | | from the Department of Human Services or medical | 11 | | assistance benefits from the Department of Healthcare and | 12 | | Family Services shall be determined eligible for | 13 | | assistance under the Child Care Assistance Program. To | 14 | | implement the policy of categorical eligibility, child | 15 | | care assistance shall be included as an additional benefit | 16 | | a family or household can apply for when completing the | 17 | | Application for Benefits Eligibility (ABE) form through | 18 | | the State's ABE web portal. The State agency responsible | 19 | | for processing ABE applications shall refer each family or | 20 | | household that applies for child care assistance and that | 21 | | is eligible for SNAP or medical assistance benefits to its | 22 | | local Child Care Resource and Referral agency. | 23 | | Beginning October 1, 2023, and every October 1 thereafter, | 24 | | the Department of Children and Family Services shall report to | 25 | | the General Assembly on the number of children who received | 26 | | child care via vouchers paid for by the Department of Children |
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| 1 | | and Family Services during the preceding fiscal year. The | 2 | | report shall include the ages of children who received child | 3 | | care, the type of child care they received, and the number of | 4 | | months they received child care. | 5 | | The Department shall specify by rule the conditions of | 6 | | eligibility, the
application process, and the types, amounts, | 7 | | and duration of services.
Eligibility for
child care benefits | 8 | | and the amount of child care provided may vary based on
family | 9 | | size, income,
and other factors as specified by rule.
| 10 | | The Department shall update the Child Care Assistance | 11 | | Program Eligibility Calculator posted on its website to | 12 | | include a question on whether a family is applying for child | 13 | | care assistance for the first time or is applying for a | 14 | | redetermination of eligibility. | 15 | | A family's eligibility for child care services shall be | 16 | | redetermined no sooner than 12 months following the initial | 17 | | determination or most recent redetermination. During the | 18 | | 12-month periods, the family shall remain eligible for child | 19 | | care services regardless of (i) a change in family income, | 20 | | unless family income exceeds 85% of State median income, or | 21 | | (ii) a temporary change in the ongoing status of the parents or | 22 | | other relatives, as defined by rule, as working or attending a | 23 | | job training or educational program. | 24 | | In determining income eligibility for child care benefits, | 25 | | the Department
annually, at the beginning of each fiscal year, | 26 | | shall
establish, by rule, one income threshold for each family |
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| 1 | | size, in relation to
percentage of State median income for a | 2 | | family of that size, that makes
families with incomes below | 3 | | the specified threshold eligible for assistance
and families | 4 | | with incomes above the specified threshold ineligible for
| 5 | | assistance. Through and including fiscal year 2007, the | 6 | | specified threshold must be no less than 50% of the
| 7 | | then-current State median income for each family size. | 8 | | Beginning in fiscal year 2008, the specified threshold must be | 9 | | no less than 185% of the then-current federal poverty level | 10 | | for each family size. Notwithstanding any other provision of | 11 | | law or administrative rule to the contrary, beginning in | 12 | | fiscal year 2019, the specified threshold for working families | 13 | | with very low incomes as defined by rule must be no less than | 14 | | 185% of the then-current federal poverty level for each family | 15 | | size. Notwithstanding any other provision of law or | 16 | | administrative rule to the contrary, beginning in State Fiscal | 17 | | Year 2024, the specified income threshold shall be no less | 18 | | than 250% of the then-current federal poverty level for each | 19 | | family size. Beginning in State Fiscal Year 2025, the income | 20 | | threshold shall annually increase by 25% until the income | 21 | | threshold reaches 400% of the then-current federal poverty | 22 | | level for each family size. Notwithstanding any other | 23 | | provision of law or administrative rule to the contrary, | 24 | | beginning in State fiscal year 2022, the specified
income | 25 | | threshold shall be no less than 200% of the
then-current | 26 | | federal poverty level for each family size.
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| 1 | | In determining eligibility for
assistance, the Department | 2 | | shall not give preference to any category of
recipients
or | 3 | | give preference to individuals based on their receipt of | 4 | | benefits under this
Code.
| 5 | | Nothing in this Section shall be
construed as conferring | 6 | | entitlement status to eligible families.
| 7 | | The Illinois
Department is authorized to lower income | 8 | | eligibility ceilings, raise parent
co-payments, create waiting | 9 | | lists, or take such other actions during a fiscal
year as are | 10 | | necessary to ensure that child care benefits paid under this
| 11 | | Article do not exceed the amounts appropriated for those child | 12 | | care benefits.
These changes may be accomplished by emergency | 13 | | rule under Section 5-45 of the
Illinois Administrative | 14 | | Procedure Act, except that the limitation on the number
of | 15 | | emergency rules that may be adopted in a 24-month period shall | 16 | | not apply.
| 17 | | The Illinois Department may contract with other State | 18 | | agencies or child care
organizations for the administration of | 19 | | child care services.
| 20 | | (c) Payment shall be made for child care that otherwise | 21 | | meets the
requirements of this Section and applicable | 22 | | standards of State and local
law and regulation, including any | 23 | | requirements the Illinois Department
promulgates by rule in | 24 | | addition to the licensure
requirements
promulgated by the | 25 | | Department of Children and Family Services and Fire
Prevention | 26 | | and Safety requirements promulgated by the Office of the State
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| 1 | | Fire Marshal, and is provided in any of the following:
| 2 | | (1) a child care center which is licensed or exempt | 3 | | from licensure
pursuant to Section 2.09 of the Child Care | 4 | | Act of 1969;
| 5 | | (2) a licensed child care home or home exempt from | 6 | | licensing;
| 7 | | (3) a licensed group child care home;
| 8 | | (4) other types of child care, including child care | 9 | | provided
by relatives or persons living in the same home | 10 | | as the child, as determined by
the Illinois Department by | 11 | | rule.
| 12 | | (c-5)
Solely for the purposes of coverage under the | 13 | | Illinois Public Labor Relations Act, child and day care home | 14 | | providers, including licensed and license exempt, | 15 | | participating in the Department's child care assistance | 16 | | program shall be considered to be public employees and the | 17 | | State of Illinois shall be considered to be their employer as | 18 | | of January 1, 2006 (the effective date of Public Act 94-320), | 19 | | but not before. The State shall engage in collective | 20 | | bargaining with an exclusive representative of child and day | 21 | | care home providers participating in the child care assistance | 22 | | program concerning their terms and conditions of employment | 23 | | that are within the State's control. Nothing in this | 24 | | subsection shall be understood to limit the right of families | 25 | | receiving services defined in this Section to select child and | 26 | | day care home providers or supervise them within the limits of |
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| 1 | | this Section. The State shall not be considered to be the | 2 | | employer of child and day care home providers for any purposes | 3 | | not specifically provided in Public Act 94-320, including, but | 4 | | not limited to, purposes of vicarious liability in tort and | 5 | | purposes of statutory retirement or health insurance benefits. | 6 | | Child and day care home providers shall not be covered by the | 7 | | State Employees Group Insurance Act of 1971. | 8 | | In according child and day care home providers and their | 9 | | selected representative rights under the Illinois Public Labor | 10 | | Relations Act, the State intends that the State action | 11 | | exemption to application of federal and State antitrust laws | 12 | | be fully available to the extent that their activities are | 13 | | authorized by Public Act 94-320.
| 14 | | (d) The Illinois Department shall establish, by rule, a | 15 | | co-payment scale that provides for cost sharing by families | 16 | | that receive
child care services, including parents whose only | 17 | | income is from
assistance under this Code. The co-payment | 18 | | shall be based on family income and family size and may be | 19 | | based on other factors as appropriate. Co-payments may be | 20 | | waived for families whose incomes are at or below the federal | 21 | | poverty level.
| 22 | | (d-5) The Illinois Department, in consultation with its | 23 | | Child Care and Development Advisory Council, shall develop a | 24 | | plan to revise the child care assistance program's co-payment | 25 | | scale. The plan shall be completed no later than February 1, | 26 | | 2008, and shall include: |
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| 1 | | (1) findings as to the percentage of income that the | 2 | | average American family spends on child care and the | 3 | | relative amounts that low-income families and the average | 4 | | American family spend on other necessities of life;
| 5 | | (2) recommendations for revising the child care | 6 | | co-payment scale to assure that families receiving child | 7 | | care services from the Department are paying no more than | 8 | | they can reasonably afford; | 9 | | (3) recommendations for revising the child care | 10 | | co-payment scale to provide at-risk children with complete | 11 | | access to Preschool for All and Head Start; and | 12 | | (4) recommendations for changes in child care program | 13 | | policies that affect the affordability of child care.
| 14 | | (e) (Blank).
| 15 | | (f) The Illinois Department shall, by rule, set rates to | 16 | | be paid for the
various types of child care. Child care may be | 17 | | provided through one of the
following methods:
| 18 | | (1) arranging the child care through eligible | 19 | | providers by use of
purchase of service contracts or | 20 | | vouchers;
| 21 | | (2) arranging with other agencies and community | 22 | | volunteer groups for
non-reimbursed child care;
| 23 | | (3) (blank); or
| 24 | | (4) adopting such other arrangements as the Department | 25 | | determines
appropriate.
| 26 | | (f-1) Within 30 days after June 4, 2018 (the effective |
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| 1 | | date of Public Act 100-587), the Department of Human Services | 2 | | shall establish rates for child care providers that are no | 3 | | less than the rates in effect on January 1, 2018 increased by | 4 | | 4.26%. | 5 | | (f-5) (Blank). | 6 | | (g) Families eligible for assistance under this Section | 7 | | shall be given the
following options:
| 8 | | (1) receiving a child care certificate issued by the | 9 | | Department or a
subcontractor of the Department that may | 10 | | be used by the parents as payment for
child care and | 11 | | development services only; or
| 12 | | (2) if space is available, enrolling the child with a | 13 | | child care provider
that has a purchase of service | 14 | | contract with the Department or a subcontractor
of the | 15 | | Department for the provision of child care and development | 16 | | services.
The Department may identify particular priority | 17 | | populations for whom they may
request special | 18 | | consideration by a provider with purchase of service
| 19 | | contracts, provided that the providers shall be permitted | 20 | | to maintain a balance
of clients in terms of household | 21 | | incomes and families and children with special
needs, as | 22 | | defined by rule.
| 23 | | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | 24 | | 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. | 25 | | 5-27-22.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2023.".
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