Full Text of HB0071 101st General Assembly
HB0071eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 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 low income working
families | 14 | | become and remain self-sufficient. The General Assembly also | 15 | | believes
that it is the responsibility of families to share in | 16 | | the costs of child care.
It is also the preference of the | 17 | | General Assembly that all working poor
families should be | 18 | | treated equally, regardless of their welfare status.
| 19 | | (b) To the extent resources permit, the Illinois Department | 20 | | shall provide
child care services to parents or other relatives | 21 | | as defined by rule who are
working or participating in | 22 | | employment or Department approved
education or training | 23 | | programs. At a minimum, the Illinois Department shall
cover the |
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| 1 | | 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) families with children under the age of 5 who have | 14 | | an open intact family services case with the Department of | 15 | | Children and Family Services. Any family that receives | 16 | | child care assistance in accordance with this paragraph | 17 | | shall remain eligible for child care assistance 6 months | 18 | | after the child's intact family services case is closed, | 19 | | regardless of whether the child's parents or other | 20 | | relatives as defined by rule are working or participating | 21 | | in Department approved employment or education or training | 22 | | programs. The Department of Human Services, in | 23 | | consultation with the Department of Children and Family | 24 | | Services, shall adopt rules to protect the privacy of | 25 | | families who are the subject of an open intact family | 26 | | services case when such families enroll in child care |
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| 1 | | services. Additional rules shall be adopted to offer | 2 | | children who have an open intact family services case the | 3 | | opportunity to receive an Early Intervention screening and | 4 | | other services that their families may be eligible for as | 5 | | provided by the Department of Human Services. | 6 | | The Department shall specify by rule the conditions of | 7 | | eligibility, the
application process, and the types, amounts, | 8 | | and duration of services.
Eligibility for
child care benefits | 9 | | and the amount of child care provided may vary based on
family | 10 | | size, income,
and other factors as specified by rule.
| 11 | | A family's eligibility for child care services shall be | 12 | | redetermined no sooner than 12 months following the initial | 13 | | determination or most recent redetermination. During the | 14 | | 12-month periods, the family shall remain eligible for child | 15 | | care services regardless of (i) a change in family income, | 16 | | unless family income exceeds 85% of State median income, or | 17 | | (ii) a temporary change in the ongoing status of the parents or | 18 | | other relatives, as defined by rule, as working or attending a | 19 | | job training or educational program. | 20 | | In determining income eligibility for child care benefits, | 21 | | the Department
annually, at the beginning of each fiscal year, | 22 | | shall
establish, by rule, one income threshold for each family | 23 | | size, in relation to
percentage of State median income for a | 24 | | family of that size, that makes
families with incomes below the | 25 | | specified threshold eligible for assistance
and families with | 26 | | incomes above the specified threshold ineligible for
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| 1 | | assistance. Through and including fiscal year 2007, the | 2 | | specified threshold must be no less than 50% of the
| 3 | | then-current State median income for each family size. | 4 | | Beginning in fiscal year 2008, the specified threshold must be | 5 | | no less than 185% of the then-current federal poverty level for | 6 | | each family size. Notwithstanding any other provision of law or | 7 | | administrative rule to the contrary, beginning in fiscal year | 8 | | 2019, the specified threshold for working families with very | 9 | | low incomes as defined by rule must be no less than 185% of the | 10 | | then-current federal poverty level for each family size.
| 11 | | The Department shall provide child care services to all | 12 | | children who are eligible for assistance and are: | 13 | | (A) under age 13; or | 14 | | (B) under age 19 and (i) are under court supervision or | 15 | | (ii) have physical or mental incapacities as documented by | 16 | | a statement from a local health provider or other health | 17 | | professional. | 18 | | In determining eligibility for
assistance, the Department | 19 | | shall not give preference to any category of
recipients
or give | 20 | | preference to individuals based on their receipt of benefits | 21 | | under this
Code.
| 22 | | Nothing in this Section shall be
construed as conferring | 23 | | entitlement status to eligible families.
| 24 | | The Illinois
Department is authorized to lower income | 25 | | eligibility ceilings, raise parent
co-payments, create waiting | 26 | | lists, or take such other actions during a fiscal
year as are |
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| 1 | | necessary to ensure that child care benefits paid under this
| 2 | | Article do not exceed the amounts appropriated for those child | 3 | | care benefits.
These changes may be accomplished by emergency | 4 | | rule under Section 5-45 of the
Illinois Administrative | 5 | | Procedure Act , except that the limitation on the number
of | 6 | | emergency rules that may be adopted in a 24-month period shall | 7 | | not apply .
| 8 | | The Illinois Department may contract with other State | 9 | | agencies or child care
organizations for the administration of | 10 | | child care services.
| 11 | | (c) Payment shall be made for child care that otherwise | 12 | | meets the
requirements of this Section and applicable standards | 13 | | of State and local
law and regulation, including any | 14 | | requirements the Illinois Department
promulgates by rule in | 15 | | addition to the licensure
requirements
promulgated by the | 16 | | Department of Children and Family Services and Fire
Prevention | 17 | | and Safety requirements promulgated by the Office of the State
| 18 | | Fire Marshal , and is provided in any of the following:
| 19 | | (1) a child care center which is licensed or exempt | 20 | | from licensure
pursuant to Section 2.09 of the Child Care | 21 | | Act of 1969;
| 22 | | (2) a licensed child care home or home exempt from | 23 | | licensing;
| 24 | | (3) a licensed group child care home;
| 25 | | (4) other types of child care, including child care | 26 | | provided
by relatives or persons living in the same home as |
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| 1 | | the child, as determined by
the Illinois Department by | 2 | | rule.
| 3 | | (c-5)
Solely for the purposes of coverage under the | 4 | | Illinois Public Labor Relations Act, child and day care home | 5 | | providers, including licensed and license exempt, | 6 | | participating in the Department's child care assistance | 7 | | program shall be considered to be public employees and the | 8 | | State of Illinois shall be considered to be their employer as | 9 | | of January 1, 2006 ( the effective date of Public Act 94-320) | 10 | | this amendatory Act of the 94th General Assembly , but not | 11 | | before. The State shall engage in collective bargaining with an | 12 | | exclusive representative of child and day care home providers | 13 | | participating in the child care assistance program concerning | 14 | | their terms and conditions of employment that are within the | 15 | | State's control. Nothing in this subsection shall be understood | 16 | | to limit the right of families receiving services defined in | 17 | | this Section to select child and day care home providers or | 18 | | supervise them within the limits of this Section. The State | 19 | | shall not be considered to be the employer of child and day | 20 | | care home providers for any purposes not specifically provided | 21 | | in Public Act 94-320 this amendatory Act of the 94th General | 22 | | Assembly , including , but not limited to, purposes of vicarious | 23 | | liability in tort and purposes of statutory retirement or | 24 | | health insurance benefits. Child and day care home providers | 25 | | shall not be covered by the State Employees Group Insurance Act | 26 | | of 1971. |
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| 1 | | In according child and day care home providers and their | 2 | | selected representative rights under the Illinois Public Labor | 3 | | Relations Act, the State intends that the State action | 4 | | exemption to application of federal and State antitrust laws be | 5 | | fully available to the extent that their activities are | 6 | | authorized by Public Act 94-320 this amendatory Act of the 94th | 7 | | General Assembly .
| 8 | | (d) The Illinois Department shall establish, by rule, a | 9 | | co-payment scale that provides for cost sharing by families | 10 | | that receive
child care services, including parents whose only | 11 | | income is from
assistance under this Code. The co-payment shall | 12 | | be based on family income and family size and may be based on | 13 | | other factors as appropriate. Co-payments may be waived for | 14 | | families whose incomes are at or below the federal poverty | 15 | | level.
| 16 | | (d-5) The Illinois Department, in consultation with its | 17 | | Child Care and Development Advisory Council, shall develop a | 18 | | plan to revise the child care assistance program's co-payment | 19 | | scale. The plan shall be completed no later than February 1, | 20 | | 2008, 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 be | 10 | | paid for the
various types of child care. Child care may be | 11 | | provided 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 date | 21 | | of Public Act 100-587) this amendatory Act of the 100th General | 22 | | Assembly , the Department of Human Services shall establish | 23 | | rates for child care providers that are no less than the rates | 24 | | in effect on January 1, 2018 increased by 4.26%. | 25 | | (f-5) (Blank). | 26 | | (g) Families eligible for assistance under this Section |
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| 1 | | shall 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 be | 4 | | 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 contract | 8 | | with the Department or a subcontractor
of the Department | 9 | | for the provision of child care and development services.
| 10 | | 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; | 18 | | 100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff. | 19 | | 8-17-18; revised 10-9-18.)
| 20 | | Section 99. Effective date. This Act takes effect July 1, | 21 | | 2019. |
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