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90_HB0635
20 ILCS 505/22.1 from Ch. 23, par. 5022.1
20 ILCS 505/22.4 from Ch. 23, par. 5022.4
20 ILCS 505/34.10 from Ch. 23, par. 5034.10
10 ILCS 5/4.24 new
Amends the Children and Family Services Act. Provides
that the Department of Human Services shall develop a plan to
implement and finance certain day care services by March 15,
1998. Provides that the Department of Human Services may
recommend to the General Assembly changes in existing law
necessary to implement those day care services. Amends the
Illinois Health Facilities Authority Act. Provides that the
Illinois Health Facilities Authority shall assist the
Department of Human Services in establishing a low interest
loan program to help child care centers and family day care
homes serving children of low income families. Effective
July 1, 1997.
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1 AN ACT concerning day care services, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Sections 22.1, 22.4, and 34.10 as
6 follows:
7 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 22.1. (a) To make grants-in-aid to units of local
10 government, voluntary agencies and not-for-profit
11 associations which provide day care services. Such
12 grants-in-aid shall be made for the purpose of operating,
13 extending and improving existing day facilities which fall
14 within the priorities set forth in subparagraphs (A) through
15 (F) of paragraph (4) of subsection (e) of Section 5 of this
16 Act, or for the purpose of providing day care services by
17 contracting with day facilities licensed under the Child Care
18 Act of 1969, regardless of whether such facilities are
19 organized on a for-profit or not-for-profit basis, and to
20 encourage the development and operation of new day care
21 facilities in areas of the state where they are deemed by the
22 Department to be most needed. The Department shall, by
23 official regulation, establish and publish criteria for
24 determining the amounts of grants-in-aid so that all
25 interested individuals, agencies and associations may have
26 ready access to such information.
27 (b) The General Assembly in recognition of the severe
28 shortage of available child care facilities, particularly for
29 families with special needs, hereby authorizes the Department
30 of Children and Family Services to establish a program for
31 the expansion of child care which shall be known as the Child
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1 Care Expansion Program.
2 The Department of Children and Family Services shall
3 award a one-time only grant to persons, organizations, or
4 schools needing assistance to start a child care center or
5 mini center, as defined by the Department, or to existing
6 licensed child care providers, including family home
7 providers, for the purpose of making capital improvements in
8 order to accommodate handicapped children, sick children, or
9 infant care or children needing night time care. No grant
10 shall exceed $10,000. Start-up costs shall not include
11 operational costs after the first 3 months of business.
12 The Department shall adopt rules setting forth criteria,
13 application procedures, and methods to assure compliance with
14 the purposes described in Section 1.
15 (c) The Department of Children and Family Services shall
16 establish and operate day care facilities for the children of
17 migrant workers in areas of the State where they are needed.
18 The Department may provide these day care services by
19 contracting with private centers if practicable. Migrant
20 worker means any person who moves seasonally from one place
21 to another, within or without the State, for the purpose of
22 employment in agricultural activities.
23 (Source: P.A. 86-995; 87-435.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 22.1. Grants-in-aid for child care services;
26 Department of Human Services.
27 (a) The Department of Human Services may make
28 grants-in-aid to units of local government, voluntary
29 agencies and not-for-profit associations which provide day
30 care services. Such grants-in-aid shall be made for the
31 purpose of operating, extending and improving existing day
32 facilities which fall within the priorities set forth in
33 subparagraphs (A) through (F) of paragraph (4) of subsection
34 (e) of Section 5 of this Act, or for the purpose of providing
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1 day care services by contracting with day facilities licensed
2 under the Child Care Act of 1969, regardless of whether such
3 facilities are organized on a for-profit or not-for-profit
4 basis, and to encourage the development and operation of new
5 day care facilities in areas of the state where they are
6 deemed by the Department to be most needed. The Department
7 shall, by official regulation, establish and publish criteria
8 for determining the amounts of grants-in-aid so that all
9 interested individuals, agencies and associations may have
10 ready access to such information.
11 (b) The General Assembly in recognition of the severe
12 shortage of available child care facilities, particularly for
13 families with special needs, hereby authorizes the Department
14 of Human Services to establish a program for the expansion of
15 child care which shall be known as the Child Care Expansion
16 Program.
17 The Department of Human Services shall award a one-time
18 only grant to persons, organizations, or schools needing
19 assistance to start a child care center or mini center, as
20 defined by the Department, or to existing licensed child care
21 providers, including family home providers, for the purpose
22 of making capital improvements in order to accommodate
23 handicapped children, sick children, or infant care or
24 children needing night time care. No grant shall exceed
25 $10,000. Start-up costs shall not include operational costs
26 after the first 3 months of business.
27 The Department of Human Services shall adopt rules
28 setting forth criteria, application procedures, and methods
29 to assure compliance with the purposes described in Section
30 1.
31 (c) The Department of Human Services shall establish and
32 operate day care facilities for the children of migrant
33 workers in areas of the State where they are needed. The
34 Department may provide these day care services by contracting
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1 with private centers if practicable. "Migrant worker" means
2 any person who moves seasonally from one place to another,
3 within or without the State, for the purpose of employment in
4 agricultural activities.
5 (d) The Department of Human Services shall develop a
6 plan to implement day care services and to finance those day
7 care services under this Section by March 15, 1998. The plan
8 shall include the amount of funds that will be allocated for
9 day care services under this Section in fiscal years 1998 and
10 1999.
11 (e) The Department of Human Services may recommend
12 changes to existing laws to the General Assembly necessary to
13 meet the goals of this Section.
14 (Source: P.A. 89-507, eff. 7-1-97.)
15 (20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
16 (Text of Section before amendment by P.A. 89-507)
17 Sec. 22.4. To establish, with financing to be provided
18 through the issuance of bonds by the Illinois Health
19 Facilities Authority pursuant to the Illinois Health
20 Facilities Authority Act, as now or hereafter amended, a
21 low-interest loan program to help child care centers and
22 family day care homes accomplish the following:
23 (a) establish a child care program;
24 (b) meet federal, State and local child care
25 standards as well as any applicable health and safety
26 standards; or
27 (c) build facilities or renovate or expand existing
28 facilities.
29 Such loans shall be available only to child care centers
30 and family day care homes serving children of low income
31 families.
32 (Source: P.A. 86-913; 86-1028.)
33 (Text of Section after amendment by P.A. 89-507)
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1 Sec. 22.4. Low-interest loans for child care facilities;
2 Department of Human Services. The Department of Human
3 Services may establish, with financing to be provided through
4 the issuance of bonds by the Illinois Health Facilities
5 Authority pursuant to the Illinois Health Facilities
6 Authority Act, as now or hereafter amended, a low-interest
7 loan program to help child care centers and family day care
8 homes accomplish the following:
9 (a) establish a child care program;
10 (b) meet federal, State and local child care
11 standards as well as any applicable health and safety
12 standards; or
13 (c) build facilities or renovate or expand existing
14 facilities.
15 Such loans shall be available only to child care centers
16 and family day care homes serving children of low income
17 families.
18 The Department of Human Services, with the cooperation of
19 the Illinois Health Facilities Authority, shall develop a
20 plan to implement day care services and to finance those day
21 care services under this Section by March 15, 1998. The plan
22 shall include the amount of funds that will be allocated for
23 day care services under this Section for fiscal years 1998
24 and 1999.
25 The Department of Human Services may recommend to the
26 General Assembly changes to existing laws necessary to meet
27 the goals of this Section.
28 (Source: P.A. 89-507, eff. 7-1-97.)
29 (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
30 (Text of Section before amendment by P.A. 89-507)
31 Sec. 34.10. (a) The legislature finds that the demand
32 for quality child care far outweighs the number of safe,
33 quality spaces for our children. The purpose of this Section
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1 is to increase the number of child care providers by:
2 (1) developing a demonstration project to train
3 individuals to become home child care providers who are
4 able to establish and operate their own child care
5 facility; and
6 (2) providing grants to convert and renovate
7 existing facilities.
8 (b) The Department may from appropriations from the
9 Child Care Development Block Grant establish a demonstration
10 project to train individuals to become home child care
11 providers who are able to establish and operate their own
12 home-based child care facilities. The Department is
13 authorized to use funds for this purpose from the Child Care
14 and Development Fund created by the 87th General Assembly.
15 As an economic development program, the project's focus is to
16 foster individual self-sufficiency through an entrepreneurial
17 approach by the creation of new jobs and opening of new small
18 home-based child care businesses. The demonstration project
19 shall involve coordination among State and county governments
20 and the private sector, including but not limited to: the
21 community college system, the Departments of Labor, Public
22 Aid, Commerce and Community Affairs, the State Board of
23 Education, large and small private businesses, nonprofit
24 programs, unions, and child care providers in the State.
25 The Department shall submit:
26 (1) a progress report on the demonstration project
27 to the legislature by one year after the effective date
28 of this amendatory Act of 1991; and
29 (2) a final evaluation report on the demonstration
30 project, including findings and recommendations, to the
31 legislature by one year after the due date of the
32 progress report.
33 (c) The Department may from appropriations from the
34 Child Care Development Block Grant provide grants to family
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1 child care providers and center based programs to convert and
2 renovate existing facilities, to the extent permitted by
3 federal law, so additional family child care homes and child
4 care centers can be located in such facilities.
5 (1) Applications for grants shall be made to the
6 Department and shall contain information as the
7 Department shall require by rule. Every applicant shall
8 provide assurance to the Department that:
9 (A) the facility to be renovated or improved
10 shall be used as family child care home or child
11 care center for a continuous period of at least 5
12 years;
13 (B) any family child care home or child care
14 center program located in a renovated or improved
15 facility shall be licensed by the Department;
16 (C) the program shall comply with applicable
17 federal and State laws prohibiting discrimination
18 against any person on the basis of race, color,
19 national origin, religion, creed, or sex;
20 (D) the grant shall not be used for purposes
21 of entertainment or perquisites;
22 (E) the applicant shall comply with any other
23 requirement the Department may prescribe to ensure
24 adherence to applicable federal, State, and county
25 laws;
26 (F) all renovations and improvements
27 undertaken with funds received under this Section
28 shall comply with all applicable State and county
29 statutes and ordinances including applicable
30 building codes and structural requirements of the
31 Department; and
32 (G) the applicant shall indemnify and save
33 harmless the State and its officers, agents, and
34 employees from and against any and all claims
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1 arising out of or resulting from the renovation and
2 improvements made with funds provided by this
3 Section, and, upon request of the Department, the
4 applicant shall procure sufficient insurance to
5 provide that indemnification.
6 (2) To receive a grant under this Section to
7 convert an existing facility into a family child care
8 home or child care center facility, the applicant shall:
9 (A) agree to make available to the Department
10 of Public Aid and the Department all records it may
11 have relating to the operation of any family child
12 care home and child care center facility, and to
13 allow State agencies to monitor its compliance with
14 the purpose of this Section;
15 (B) agree that, if the facility is to be
16 altered or improved, or is to be used by other
17 groups, moneys appropriated by this Section shall be
18 used for renovating or improving the facility only
19 to the proportionate extent that the floor space
20 will be used by the child care program; and
21 (C) establish, to the satisfaction of the
22 Department that sufficient funds are available for
23 the effective use of the facility for the purpose
24 for which it is being renovated or improved.
25 (3) In selecting applicants for funding, the
26 Department shall make every effort to ensure that family
27 child care home or child care center facilities are
28 equitably distributed throughout the State according to
29 demographic need. The Department shall give priority
30 consideration to rural/Downstate areas of the state that
31 are currently experiencing a shortage of child care
32 services.
33 (4) In considering applications for grants to
34 renovate or improve an existing facility used for the
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1 operations of a family child care home or child care
2 center, the Department shall give preference to
3 applications to renovate facilities most in need of
4 repair to address safety and habitability concerns. No
5 grant shall be disbursed unless an agreement is entered
6 into between the applicant and the State, by and through
7 the Department. The agreement shall include the
8 assurances and conditions required by this Section and
9 any other terms which the Department may require.
10 (Source: P.A. 87-332.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 34.10. Home child care demonstration project;
13 conversion and renovation grants; Department of Human
14 Services.
15 (a) The legislature finds that the demand for quality
16 child care far outweighs the number of safe, quality spaces
17 for our children. The purpose of this Section is to increase
18 the number of child care providers by:
19 (1) developing a demonstration project to train
20 individuals to become home child care providers who are
21 able to establish and operate their own child care
22 facility; and
23 (2) providing grants to convert and renovate
24 existing facilities.
25 (b) The Department of Human Services may from
26 appropriations from the Child Care Development Block Grant
27 establish a demonstration project to train individuals to
28 become home child care providers who are able to establish
29 and operate their own home-based child care facilities. The
30 Department of Human Services is authorized to use funds for
31 this purpose from the Child Care and Development Fund created
32 by the 87th General Assembly. As an economic development
33 program, the project's focus is to foster individual
34 self-sufficiency through an entrepreneurial approach by the
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1 creation of new jobs and opening of new small home-based
2 child care businesses. The demonstration project shall
3 involve coordination among State and county governments and
4 the private sector, including but not limited to: the
5 community college system, the Departments of Labor and
6 Commerce and Community Affairs, the State Board of Education,
7 large and small private businesses, nonprofit programs,
8 unions, and child care providers in the State.
9 The Department shall submit:
10 (1) a progress report on the demonstration project
11 to the legislature by one year after the effective date
12 of this amendatory Act of 1991; and
13 (2) a final evaluation report on the demonstration
14 project, including findings and recommendations, to the
15 legislature by one year after the due date of the
16 progress report.
17 (c) The Department of Human Services may from
18 appropriations from the Child Care Development Block Grant
19 provide grants to family child care providers and center
20 based programs to convert and renovate existing facilities,
21 to the extent permitted by federal law, so additional family
22 child care homes and child care centers can be located in
23 such facilities.
24 (1) Applications for grants shall be made to the
25 Department and shall contain information as the
26 Department shall require by rule. Every applicant shall
27 provide assurance to the Department that:
28 (A) the facility to be renovated or improved
29 shall be used as family child care home or child
30 care center for a continuous period of at least 5
31 years;
32 (B) any family child care home or child care
33 center program located in a renovated or improved
34 facility shall be licensed by the Department;
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1 (C) the program shall comply with applicable
2 federal and State laws prohibiting discrimination
3 against any person on the basis of race, color,
4 national origin, religion, creed, or sex;
5 (D) the grant shall not be used for purposes
6 of entertainment or perquisites;
7 (E) the applicant shall comply with any other
8 requirement the Department may prescribe to ensure
9 adherence to applicable federal, State, and county
10 laws;
11 (F) all renovations and improvements
12 undertaken with funds received under this Section
13 shall comply with all applicable State and county
14 statutes and ordinances including applicable
15 building codes and structural requirements of the
16 Department; and
17 (G) the applicant shall indemnify and save
18 harmless the State and its officers, agents, and
19 employees from and against any and all claims
20 arising out of or resulting from the renovation and
21 improvements made with funds provided by this
22 Section, and, upon request of the Department, the
23 applicant shall procure sufficient insurance to
24 provide that indemnification.
25 (2) To receive a grant under this Section to
26 convert an existing facility into a family child care
27 home or child care center facility, the applicant shall:
28 (A) agree to make available to the Department
29 of Human Services all records it may have relating
30 to the operation of any family child care home and
31 child care center facility, and to allow State
32 agencies to monitor its compliance with the purpose
33 of this Section;
34 (B) agree that, if the facility is to be
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1 altered or improved, or is to be used by other
2 groups, moneys appropriated by this Section shall be
3 used for renovating or improving the facility only
4 to the proportionate extent that the floor space
5 will be used by the child care program; and
6 (C) establish, to the satisfaction of the
7 Department that sufficient funds are available for
8 the effective use of the facility for the purpose
9 for which it is being renovated or improved.
10 (3) In selecting applicants for funding, the
11 Department shall make every effort to ensure that family
12 child care home or child care center facilities are
13 equitably distributed throughout the State according to
14 demographic need. The Department shall give priority
15 consideration to rural/Downstate areas of the State that
16 are currently experiencing a shortage of child care
17 services.
18 (4) In considering applications for grants to
19 renovate or improve an existing facility used for the
20 operations of a family child care home or child care
21 center, the Department shall give preference to
22 applications to renovate facilities most in need of
23 repair to address safety and habitability concerns. No
24 grant shall be disbursed unless an agreement is entered
25 into between the applicant and the State, by and through
26 the Department. The agreement shall include the
27 assurances and conditions required by this Section and
28 any other terms which the Department may require.
29 (d) The Department of Human Services shall develop a
30 plan to implement child care services and to finance those
31 child care services under this Section by March 15, 1998.
32 The plan shall include the amount of funds that will be
33 allocated for child care services under this Section in
34 fiscal years 1998 and 1999.
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1 (e) The Department of Human Services may recommend
2 changes to existing laws to the General Assembly necessary to
3 meet the goals of this Section.
4 (Source: P.A. 89-507, eff. 7-1-97.)
5 Section 10. The Illinois Health Facilities Authority Act
6 is amended by adding Section 4.24 as follows:
7 (10 ILCS 5/4.24 new)
8 Sec. 4.24. To assist the Department of Human Services in
9 establishing a low interest loan program to help child care
10 centers and family day care homes serving children of low
11 income families under Section 22.4 of the Children and Family
12 Services Act.
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple version), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect on
21 July 1, 1997.