Full Text of HB3232 103rd General Assembly
HB3232 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3232 Introduced 2/17/2023, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/9A-11 | from Ch. 23, par. 9A-11 |
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Amends the Illinois Public Aid Code. In provisions concerning the child care assistance program administered by the Department of Human Services, removes language authorizing the Department to raise parent
co-payments. Provides instead that beginning July 1, 2023, a family eligible for child care services whose income is at or below 140% of the most recent United States Department of Health and Human Services
Federal Poverty Guidelines for the applicable family size
shall pay a $1 monthly fee as a co-payment for child care
services. Provides that beginning July 1, 2024, the income threshold a family must meet to qualify for the $1 monthly co-payment shall increase to 185% of the most recent United States Department of Health and Human Services
Federal Poverty Guidelines for each family size. Effective July 1, 2023.
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| | A BILL FOR |
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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 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 | 17 | | Assembly that all working poor
families should be treated | 18 | | equally, regardless of their welfare status.
| 19 | | (b) To the extent resources permit, the Illinois | 20 | | Department shall provide
child care services to parents or | 21 | | other relatives as defined by rule who are
working or | 22 | | participating in employment or Department approved
education | 23 | | or training programs. At a minimum, the Illinois Department |
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| 1 | | shall
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; | 13 | | (7) youth in care, as defined in Section 4d of the | 14 | | Children and Family Services Act, who are parents, | 15 | | regardless of income or whether they are working or | 16 | | participating in Department-approved employment or | 17 | | education or training programs. Any family that receives | 18 | | child care assistance in accordance with this paragraph | 19 | | shall receive one additional 12-month child care | 20 | | eligibility period after the parenting youth in care's | 21 | | case with the Department of Children and Family Services | 22 | | is closed, regardless of income or whether the parenting | 23 | | youth in care is working or participating in | 24 | | Department-approved employment or education or training | 25 | | programs; | 26 | | (8) families receiving Extended Family Support Program |
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| 1 | | services from the Department of Children and Family | 2 | | Services, regardless of income or whether they are working | 3 | | or participating in Department-approved employment or | 4 | | education or training programs; and | 5 | | (9) families with children under the age of 5 who have | 6 | | an open intact family services case with the Department of | 7 | | Children and Family Services. Any family that receives | 8 | | child care assistance in accordance with this paragraph | 9 | | shall remain eligible for child care assistance 6 months | 10 | | after the child's intact family services case is closed, | 11 | | regardless of whether the child's parents or other | 12 | | relatives as defined by rule are working or participating | 13 | | in Department approved employment or education or training | 14 | | programs. The Department of Human Services, in | 15 | | consultation with the Department of Children and Family | 16 | | Services, shall adopt rules to protect the privacy of | 17 | | families who are the subject of an open intact family | 18 | | services case when such families enroll in child care | 19 | | services. Additional rules shall be adopted to offer | 20 | | children who have an open intact family services case the | 21 | | opportunity to receive an Early Intervention screening and | 22 | | other services that their families may be eligible for as | 23 | | provided by the Department of Human Services. | 24 | | Beginning October 1, 2023, and every October 1 thereafter, | 25 | | the Department of Children and Family Services shall report to | 26 | | the General Assembly on the number of children who received |
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| 1 | | child care via vouchers paid for by the Department of Children | 2 | | and Family Services during the preceding fiscal year. The | 3 | | report shall include the ages of children who received child | 4 | | care, the type of child care they received, and the number of | 5 | | months they received child care. | 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 | | The Department shall update the Child Care Assistance | 12 | | Program Eligibility Calculator posted on its website to | 13 | | include a question on whether a family is applying for child | 14 | | care assistance for the first time or is applying for a | 15 | | redetermination of eligibility. | 16 | | A family's eligibility for child care services shall be | 17 | | redetermined no sooner than 12 months following the initial | 18 | | determination or most recent redetermination. During the | 19 | | 12-month periods, the family shall remain eligible for child | 20 | | care services regardless of (i) a change in family income, | 21 | | unless family income exceeds 85% of State median income, or | 22 | | (ii) a temporary change in the ongoing status of the parents or | 23 | | other relatives, as defined by rule, as working or attending a | 24 | | job training or educational program. | 25 | | In determining income eligibility for child care benefits, | 26 | | the Department
annually, at the beginning of each fiscal year, |
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| 1 | | shall
establish, by rule, one income threshold for each family | 2 | | size, in relation to
percentage of State median income for a | 3 | | family of that size, that makes
families with incomes below | 4 | | the specified threshold eligible for assistance
and families | 5 | | with incomes above the specified threshold ineligible for
| 6 | | assistance. Through and including fiscal year 2007, the | 7 | | specified threshold must be no less than 50% of the
| 8 | | then-current State median income for each family size. | 9 | | Beginning in fiscal year 2008, the specified threshold must be | 10 | | no less than 185% of the then-current federal poverty level | 11 | | for each family size. Notwithstanding any other provision of | 12 | | law or administrative rule to the contrary, beginning in | 13 | | fiscal year 2019, the specified threshold for working families | 14 | | with very low incomes as defined by rule must be no less than | 15 | | 185% of the then-current federal poverty level for each family | 16 | | size. Notwithstanding any other provision of law or | 17 | | administrative rule to the contrary, beginning in State fiscal | 18 | | year 2022, the specified
income threshold shall be no less | 19 | | than 200% of the
then-current federal poverty level for each | 20 | | family size.
| 21 | | In determining eligibility for
assistance, the Department | 22 | | shall not give preference to any category of
recipients
or | 23 | | give preference to individuals based on their receipt of | 24 | | benefits under this
Code.
| 25 | | Nothing in this Section shall be
construed as conferring | 26 | | entitlement status to eligible families.
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| 1 | | The Illinois
Department is authorized to lower income | 2 | | eligibility ceilings, raise parent
co-payments, create waiting | 3 | | lists, or take such other actions during a fiscal
year as are | 4 | | necessary to ensure that child care benefits paid under this
| 5 | | Article do not exceed the amounts appropriated for those child | 6 | | care benefits.
These changes may be accomplished by emergency | 7 | | rule under Section 5-45 of the
Illinois Administrative | 8 | | Procedure Act, except that the limitation on the number
of | 9 | | emergency rules that may be adopted in a 24-month period shall | 10 | | not apply.
| 11 | | The Illinois Department may contract with other State | 12 | | agencies or child care
organizations for the administration of | 13 | | child care services.
| 14 | | (c) Payment shall be made for child care that otherwise | 15 | | meets the
requirements of this Section and applicable | 16 | | standards of State and local
law and regulation, including any | 17 | | requirements the Illinois Department
promulgates by rule in | 18 | | addition to the licensure
requirements
promulgated by the | 19 | | Department of Children and Family Services and Fire
Prevention | 20 | | and Safety requirements promulgated by the Office of the State
| 21 | | Fire Marshal, and is provided in any of the following:
| 22 | | (1) a child care center which is licensed or exempt | 23 | | from licensure
pursuant to Section 2.09 of the Child Care | 24 | | Act of 1969;
| 25 | | (2) a licensed child care home or home exempt from | 26 | | licensing;
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| 1 | | (3) a licensed group child care home;
| 2 | | (4) other types of child care, including child care | 3 | | provided
by relatives or persons living in the same home | 4 | | as the child, as determined by
the Illinois Department by | 5 | | rule.
| 6 | | (c-5)
Solely for the purposes of coverage under the | 7 | | Illinois Public Labor Relations Act, child and day care home | 8 | | providers, including licensed and license exempt, | 9 | | participating in the Department's child care assistance | 10 | | program shall be considered to be public employees and the | 11 | | State of Illinois shall be considered to be their employer as | 12 | | of January 1, 2006 (the effective date of Public Act 94-320), | 13 | | but not before. The State shall engage in collective | 14 | | bargaining with an exclusive representative of child and day | 15 | | care home providers participating in the child care assistance | 16 | | program concerning their terms and conditions of employment | 17 | | that are within the State's control. Nothing in this | 18 | | subsection shall be understood to limit the right of families | 19 | | receiving services defined in this Section to select child and | 20 | | day care home providers or supervise them within the limits of | 21 | | this Section. The State shall not be considered to be the | 22 | | employer of child and day care home providers for any purposes | 23 | | not specifically provided in Public Act 94-320, including, but | 24 | | not limited to, purposes of vicarious liability in tort and | 25 | | purposes of statutory retirement or health insurance benefits. | 26 | | Child and day care home providers shall not be covered by the |
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| 1 | | State Employees Group Insurance Act of 1971. | 2 | | In according child and day care home providers and their | 3 | | selected representative rights under the Illinois Public Labor | 4 | | Relations Act, the State intends that the State action | 5 | | exemption to application of federal and State antitrust laws | 6 | | be fully available to the extent that their activities are | 7 | | authorized by Public Act 94-320.
| 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 | 12 | | shall be based on family income and family size and may be | 13 | | based on other factors as appropriate. Beginning July 1, 2023, | 14 | | a family eligible for child care services whose income is at or | 15 | | below 140% of the most recent United States Department of | 16 | | Health and Human Services
Federal Poverty Guidelines for the | 17 | | applicable family size
shall pay a $1 monthly fee as a | 18 | | co-payment for child care
services. Beginning July 1, 2024, | 19 | | the income threshold a family must meet to qualify for the $1 | 20 | | monthly co-payment shall increase to 185% of the most recent | 21 | | United States Department of Health and Human Services
Federal | 22 | | Poverty Guidelines for each family size. Co-payments may be | 23 | | waived for families whose incomes are at or below the federal | 24 | | poverty level.
| 25 | | (d-5) The Illinois Department, in consultation with its | 26 | | Child Care and Development Advisory Council, shall develop a |
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| 1 | | plan to revise the child care assistance program's co-payment | 2 | | scale. The plan shall be completed no later than February 1, | 3 | | 2008, 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 | 19 | | be paid for the
various types of child care. Child care may be | 20 | | provided 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 | 4 | | date of Public Act 100-587), the Department of Human Services | 5 | | shall establish rates for child care providers that are no | 6 | | less than the rates in effect on January 1, 2018 increased by | 7 | | 4.26%. | 8 | | (f-5) (Blank). | 9 | | (g) Families eligible for assistance under this Section | 10 | | shall 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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| 1 | | 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. | 2 | | 5-27-22.)
| 3 | | Section 99. Effective date. This Act takes effect July 1, | 4 | | 2023.
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