Illinois General Assembly - Full Text of SB0730
Illinois General Assembly

Previous General Assemblies

Full Text of SB0730  99th General Assembly




SB0730 EnrolledLRB099 08452 KTG 28607 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 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) The 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



SB0730 Enrolled- 2 -LRB099 08452 KTG 28607 b

1shall cover the following categories of families and children:
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; and
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) children engaged in the State's child welfare
14    system; and
15        (8) homeless children.
16    The Department shall specify by rule the conditions of
17eligibility, the application process, and the types, amounts,
18and duration of services. Eligibility for child care benefits
19and the amount of child care provided may vary based on family
20size, income, and other factors as specified by rule.
21    In determining income eligibility for child care benefits,
22the Department annually, at the beginning of each fiscal year,
23shall establish, by rule, one income threshold for each family
24size, in relation to percentage of State median income for a
25family of that size, that makes families with incomes below the
26specified threshold eligible for assistance and families with



SB0730 Enrolled- 3 -LRB099 08452 KTG 28607 b

1incomes above the specified threshold ineligible for
2assistance. From July 1, 2016 through June 30, 2017, the
3specified threshold must be no less than 200% of the then
4current federal poverty level for each family size. Beginning
5July 1, 2017, the specified threshold must be no less than 250%
6of the then current federal poverty level for each family size.
7Through and including fiscal year 2007, the specified threshold
8must be no less than 50% of the then-current State median
9income for each family size. Beginning in fiscal year 2008, the
10specified threshold must be no less than 185% of the
11then-current federal poverty level for each family size.
12    The Department shall provide child care services to all
13children who are eligible for assistance and are under age 13
14or who are under age 19 and under court supervision or have
15physical or mental incapacities as documented by a statement
16from a local health provider or other health professional.
17    In determining eligibility for assistance, the Department
18shall not give preference to any category of recipients or give
19preference to individuals based on their receipt of benefits
20under this Code.
21    The Department shall allocate $7,500,000 annually for a
22test program for families who are income-eligible for child
23care assistance, who are not recipients of TANF under Article
24IV, and who need child care assistance to participate in
25education and training activities. The Department shall
26specify by rule the conditions of eligibility for this test



SB0730 Enrolled- 4 -LRB099 08452 KTG 28607 b

2    Nothing in this Section shall be construed as conferring
3entitlement status to eligible families.
4    The Illinois Department is authorized to lower income
5eligibility ceilings, raise parent co-payments, create waiting
6lists, or take such other actions during a fiscal year as are
7necessary to ensure that child care benefits paid under this
8Article do not exceed the amounts appropriated for those child
9care benefits. These changes may be accomplished by emergency
10rule under Section 5-45 of the Illinois Administrative
11Procedure Act, except that the limitation on the number of
12emergency rules that may be adopted in a 24-month period shall
13not apply.
14    The Illinois Department may contract with other State
15agencies or child care organizations for the administration of
16child care services.
17    (c) Payment shall be made for child care that otherwise
18meets the requirements of this Section and applicable standards
19of State and local law and regulation, including any
20requirements the Illinois Department promulgates by rule in
21addition to the licensure requirements promulgated by the
22Department of Children and Family Services and Fire Prevention
23and Safety requirements promulgated by the Office of the State
24Fire Marshal and is provided in any of the following:
25        (1) a child care center which is licensed or exempt
26    from licensure pursuant to Section 2.09 of the Child Care



SB0730 Enrolled- 5 -LRB099 08452 KTG 28607 b

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



SB0730 Enrolled- 6 -LRB099 08452 KTG 28607 b

1the 94th General Assembly, including but not limited to,
2purposes of vicarious liability in tort and purposes of
3statutory retirement or health insurance benefits. Child and
4day care home providers shall not be covered by the State
5Employees Group Insurance Act of 1971.
6    In according child and day care home providers and their
7selected representative rights under the Illinois Public Labor
8Relations Act, the State intends that the State action
9exemption to application of federal and State antitrust laws be
10fully available to the extent that their activities are
11authorized by this amendatory Act of the 94th General Assembly.
12    (d) The Illinois Department shall establish, by rule, a
13co-payment scale that provides for cost sharing by families
14that receive child care services, including parents whose only
15income is from assistance under this Code. The co-payment shall
16be based on family income and family size and may be based on
17other factors as appropriate. Co-payments may be waived for
18families whose incomes are at or below the federal poverty
20    (d-5) The Illinois Department, in consultation with its
21Child Care and Development Advisory Council, shall develop a
22plan to revise the child care assistance program's co-payment
23scale. The plan shall be completed no later than February 1,
242008, and shall include:
25        (1) findings as to the percentage of income that the
26    average American family spends on child care and the



SB0730 Enrolled- 7 -LRB099 08452 KTG 28607 b

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



SB0730 Enrolled- 8 -LRB099 08452 KTG 28607 b

1        (1) receiving a child care certificate issued by the
2    Department or a subcontractor of the Department that may be
3    used by the parents as payment for child care and
4    development services only; or
5        (2) if space is available, enrolling the child with a
6    child care provider that has a purchase of service contract
7    with the Department or a subcontractor of the Department
8    for the provision of child care and development services.
9    The Department may identify particular priority
10    populations for whom they may request special
11    consideration by a provider with purchase of service
12    contracts, provided that the providers shall be permitted
13    to maintain a balance of clients in terms of household
14    incomes and families and children with special needs, as
15    defined by rule.
16(Source: P.A. 97-422, eff. 8-16-11.)
17    Section 99. Effective date. This Act takes effect July 1,