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90_HB2605eng
20 ILCS 505/5.15
Amends the Children and Family Services Act. Replaces
"every year" with "annually" in a Section concerning day
care.
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1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 9A-11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 9A-11 as follows:
7 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
8 Sec. 9A-11. Child Care.
9 (a) The General Assembly recognizes that families with
10 children need child care in order to work. Child care is
11 expensive and families with low incomes, including those who
12 are transitioning from welfare to work, often struggle to pay
13 the costs of day care. The General Assembly understands the
14 importance of helping low income working families become and
15 remain self-sufficient. The General Assembly also believes
16 that it is the responsibility of families to share in the
17 costs of child care. It is also the preference of the
18 General Assembly that all working poor families should be
19 treated equally, regardless of their welfare status.
20 (b) To the extent resources permit, the Illinois
21 Department shall provide child care services to parents or
22 other relatives as defined by rule who are working or
23 participating in employment or Department approved education
24 or training programs. At a minimum, the Illinois Department
25 shall cover the following categories of families:
26 (1) recipients of TANF under Article IV
27 participating in work and training activities as
28 specified in the personal plan for employment and
29 self-sufficiency;
30 (2) families transitioning from TANF to work;
31 (3) families at risk of becoming recipients of
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1 TANF;
2 (4) families with special needs as defined by rule;
3 and
4 (5) working families with very low incomes as
5 defined by rule.
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
9 benefits and the amount of child care provided may vary based
10 on family size, income, and other factors as specified by
11 rule. In determining income eligibility for child care
12 benefits, the Department shall establish, by rule, one income
13 threshold for each family size, in relation to percentage of
14 State median income for a family of that size, that makes
15 families with incomes below the specified threshold eligible
16 for assistance and families with incomes above the specified
17 threshold ineligible for assistance. In determining
18 eligibility for assistance, the Department shall not give
19 preference to any category of recipients or give preference
20 to individuals based on their receipt of benefits under this
21 Code. It is the intent of the General Assembly that, for
22 fiscal year 1998, to the extent resources permit, the
23 Department shall establish an income eligibility threshold of
24 50% of the State median income. Notwithstanding the income
25 level at which families become eligible to receive child care
26 assistance, any family that is already receiving child care
27 assistance on the effective date of this amendatory Act of
28 1997 shall remain eligible for assistance for fiscal year
29 1998. Nothing in this Section shall be construed as
30 conferring entitlement status to eligible families. The
31 Illinois Department is authorized to lower income eligibility
32 ceilings, raise parent co-payments, create waiting lists, or
33 take such other actions during a fiscal year as are necessary
34 to ensure that child care benefits paid under this Article do
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1 not exceed the amounts appropriated for those child care
2 benefits. These changes may be accomplished by emergency
3 rule under Section 5-45 of the Illinois Administrative
4 Procedure Act, except that the limitation on the number of
5 emergency rules that may be adopted in a 24-month period
6 shall not apply. The Illinois Department may contract with
7 other State agencies or child care organizations for the
8 administration of child care services.
9 (c) Payment shall be made for child care that otherwise
10 meets the requirements of this Section and applicable
11 standards of State and local law and regulation, including
12 any requirements the Illinois Department promulgates by rule
13 in addition to the licensure requirements promulgated by the
14 Department of Children and Family Services and Fire
15 Prevention and Safety requirements promulgated by the Office
16 of the State Fire Marshal and is provided in any of the
17 following:
18 (1) a child care center which is licensed or exempt
19 from licensure pursuant to Section 2.09 of the Child Care
20 Act of 1969;
21 (2) a licensed child care home or home exempt from
22 licensing;
23 (3) a licensed group child care home;
24 (4) other types of child care, including child care
25 provided by relatives or persons living in the same home
26 as the child, as determined by the Illinois Department by
27 rule.
28 (d) The Illinois Department shall, by rule, require
29 co-payments for child care services by any parent, including
30 parents whose only income is from assistance under this Code.
31 The co-payment shall be assessed based on a sliding scale
32 based on family income, family size, and the number of
33 children in care.
34 Fees for a family with one child in care shall not exceed
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1 8% of the family's gross annual income, and the fees for a
2 family with 2 children in care shall not exceed 10% of the
3 family's gross annual income. Nominal fees for additional
4 children in care may be charged.
5 Newly employed families, as defined by rule, shall
6 receive a one-time 2-month grace period during which they are
7 exempt from co-payment fees. For those receiving TANF, these
8 fees shall be covered by the Department as initial employment
9 expenses under supportive services.
10 Families in good standing on co-payment fee payments and
11 who are otherwise eligible, as defined by rule, shall be
12 charged a co-payment rate for full-time summer child care
13 programs for school-aged children that is not more than would
14 be required of them during the school year.
15 Licensed private and governmental entities which receive
16 State subsidies for the provision of child care who collect
17 no less than 90% of fees due per month under this subsection
18 shall be reimbursed by the Department for any remaining fees
19 not collected up to 10% of those due.
20 (e) The Illinois Department shall conduct a market rate
21 survey based on the cost of care and other relevant factors
22 which shall be completed by July 1, 1998.
23 There is hereby established a Task Force on Child Care
24 Rates for the purposes of (1) reviewing the results of the
25 1998 market rate survey and (2) making recommendations to the
26 General Assembly, the Governor, and the Secretary of Human
27 Services regarding the implementation of the findings of the
28 1998 market rate survey. The Task Force shall consist of 15
29 members, with one member appointed by each of the following:
30 the Governor, the President of the Senate, the Senate
31 Minority Leader, the Speaker of the House of Representatives,
32 the House Minority Leader, the Secretary of Human Services or
33 his or her designee, and the Director of Children and Family
34 Services or his or her designee. Three additional members
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1 shall be appointed by the Governor who shall be providers of
2 child care in this State and 5 at-large members shall be
3 appointed by the Governor who are knowledgeable in child care
4 issues and, in particular, have expertise in regard to rates
5 and the impact of rates on the quality and supply of child
6 care in Illinois. A chair and a vice-chair shall be elected
7 by the members of the Task Force once the Task Force is
8 appointed. Members shall serve without compensation, but may
9 be reimbursed for their expenses. The Task Force shall
10 submit a report of its findings and recommendations to the
11 General Assembly and to the Governor by December 1, 1998.
12 The Task Force is abolished on January 1, 1999.
13 (f) The Illinois Department shall, by rule, set rates to
14 be paid for the various types of child care. Child care may
15 be provided 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
23 Department determines appropriate.
24 (g) Families eligible for assistance under this Section
25 shall be given the following options:
26 (1) receiving a child care certificate issued by
27 the Department or a subcontractor of the Department that
28 may be used by the parents as payment for child care and
29 development services only; or
30 (2) if space is available, enrolling the child with
31 a child care provider that has a purchase of service
32 contract with the Department or a subcontractor of the
33 Department for the provision of child care and
34 development services. The Department may identify
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1 particular priority populations for whom they may request
2 special consideration by a provider with purchase of
3 service contracts, provided that the providers shall be
4 permitted to maintain a balance of clients in terms of
5 household incomes and families and children with special
6 needs, as defined by rule.
7 (h) To expand the quality of child care for families
8 eligible to receive child care services under this Section,
9 the Illinois Department shall set aside a minimum of 6% of
10 all funds appropriated to the Department to provide child
11 care services under this Section. This set-aside shall be
12 used to fund initiatives to enhance the quality of child care
13 provided to children served under this Section.
14 To expand the supply of child care available to families
15 eligible to receive child care services under this Section,
16 the Illinois Department shall set aside a minimum of 4% of
17 all funds appropriated to the Department to provide child
18 care services under this Section. The set-aside shall be
19 used to fund supply-building initiatives including
20 rehabilitation and construction of facilities and building
21 the supply of care in identified areas of need, such as
22 infant and toddler care, care for children with special
23 needs, and before and after school care.
24 (Source: P.A. 90-17, eff. 7-1-97.)