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90_HB2605ham001
LRB9009318SMdvam08
1 AMENDMENT TO HOUSE BILL 2605
2 AMENDMENT NO. . Amend House Bill 2605 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by changing
5 Section 9A-11."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 changing Section 9A-11 as follows:
10 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
11 Sec. 9A-11. Child Care.
12 (a) The General Assembly recognizes that families with
13 children need child care in order to work. Child care is
14 expensive and families with low incomes, including those who
15 are transitioning from welfare to work, often struggle to pay
16 the costs of day care. The General Assembly understands the
17 importance of helping low income working families become and
18 remain self-sufficient. The General Assembly also believes
19 that it is the responsibility of families to share in the
20 costs of child care. It is also the preference of the
21 General Assembly that all working poor families should be
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1 treated equally, regardless of their welfare status.
2 (b) To the extent resources permit, the Illinois
3 Department shall provide child care services to parents or
4 other relatives as defined by rule who are working or
5 participating in employment or Department approved education
6 or training programs. At a minimum, the Illinois Department
7 shall cover the following categories of families:
8 (1) recipients of TANF under Article IV
9 participating in work and training activities as
10 specified in the personal plan for employment and
11 self-sufficiency;
12 (2) families transitioning from TANF to work;
13 (3) families at risk of becoming recipients of
14 TANF. The Illinois Department shall allocate not less
15 than 2.5% of the funds appropriated to the Department for
16 child care services under this Section to provide child
17 care services to families at risk of becoming TANF
18 recipients who are not currently receiving assistance
19 under Article IV, whose family income is below the
20 specified threshold for eligibility under this Section,
21 and who are enrolled and making satisfactory progress in:
22 (A) an adult basic education,
23 English-as-a-second-language, or GED preparation
24 program for up to 24 months, after which the parent
25 or other caretaker relative must be engaged in work
26 activities for at least 20 hours per week;
27 (B) an occupational or vocational training
28 program, accredited under requirements of State law,
29 of less than 24 months, including degree programs;
30 or
31 (C) an educational or training program other
32 than those defined in subdivision (b)(3)(B) that is
33 accredited under requirements of State law, if the
34 parent or other caretaker relative does not already
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1 possess a baccalaureate degree and is engaged in
2 work activities for at least 20 hours per week or
3 can complete the program in one year or less. The
4 work activity requirement shall not apply to persons
5 who were receiving child care services on July 1,
6 1997 in order to work or attend school. The income
7 of the parent of an applicant for child care
8 services under this subdivision (b)(3)(C) shall be
9 considered in determining the applicant's
10 eligibility for services, and the amount of the
11 co-payment required, if the applicant is claimed as
12 a tax dependent on that parent's federal income tax
13 return.
14 To measure unmet demand for child care services, the
15 Illinois Department shall collect identifying information
16 and data on all applicants for child care services
17 pursuant to this subdivision (b)(3) whom the Department
18 is unable to serve due to a lack of sufficient resources;
19 (4) families with special needs as defined by rule;
20 and
21 (5) working families with very low incomes as
22 defined by rule.
23 The Department shall specify by rule the conditions of
24 eligibility, the application process, and the types, amounts,
25 and duration of services. Eligibility for child care
26 benefits and the amount of child care provided may vary based
27 on family size, income, and other factors as specified by
28 rule. In determining income eligibility for child care
29 benefits, the Department shall establish, by rule, one income
30 threshold for each family size, in relation to percentage of
31 State median income for a family of that size, that makes
32 families with incomes below the specified threshold eligible
33 for assistance and families with incomes above the specified
34 threshold ineligible for assistance. In determining
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1 eligibility for assistance, the Department shall not give
2 preference to any category of recipients or give preference
3 to individuals based on their receipt of benefits under this
4 Code. It is the intent of the General Assembly that, for
5 fiscal year 1998, to the extent resources permit, the
6 Department shall establish an income eligibility threshold of
7 60% 50% of the current State median income. Notwithstanding
8 the income level at which families become eligible to receive
9 child care assistance, any family that is already receiving
10 child care assistance on the effective date of this
11 amendatory Act of 1997 shall remain eligible for assistance
12 for fiscal year 1998. Nothing in this Section shall be
13 construed as conferring entitlement status to eligible
14 families. The Illinois Department is authorized to lower
15 income eligibility ceilings, raise parent co-payments, create
16 waiting lists, or take such other actions during a fiscal
17 year as are necessary to ensure that child care benefits paid
18 under this Article do not exceed the amounts appropriated for
19 those child care benefits. These changes may be accomplished
20 by emergency rule under Section 5-45 of the Illinois
21 Administrative Procedure Act, except that the limitation on
22 the number of emergency rules that may be adopted in a
23 24-month period shall not apply. The Illinois Department may
24 contract with other State agencies or child care
25 organizations for the administration of child care services.
26 (c) Payment shall be made for child care that otherwise
27 meets the requirements of this Section and applicable
28 standards of State and local law and regulation, including
29 any requirements the Illinois Department promulgates by rule
30 in addition to the licensure requirements promulgated by the
31 Department of Children and Family Services and Fire
32 Prevention and Safety requirements promulgated by the Office
33 of the State Fire Marshal and is provided in any of the
34 following:
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1 (1) a child care center which is licensed or exempt
2 from licensure pursuant to Section 2.09 of the Child Care
3 Act of 1969;
4 (2) a licensed child care home or home exempt from
5 licensing;
6 (3) a licensed group child care home;
7 (4) other types of child care, including child care
8 provided by relatives or persons living in the same home
9 as the child, as determined by the Illinois Department by
10 rule.
11 (d) The Illinois Department shall, by rule, require
12 co-payments for child care services by any parent, including
13 parents whose only income is from assistance under this Code.
14 The co-payment shall be assessed based on a sliding scale
15 based on family income, family size, and the number of
16 children in care.
17 (e) The Illinois Department shall conduct a market rate
18 survey based on the cost of care and other relevant factors
19 which shall be completed by July 1, 1998.
20 (f) The Illinois Department shall, by rule, set rates to
21 be paid for the various types of child care. Child care may
22 be provided through one of the following methods:
23 (1) arranging the child care through eligible
24 providers by use of purchase of service contracts or
25 vouchers;
26 (2) arranging with other agencies and community
27 volunteer groups for non-reimbursed child care;
28 (3) (blank); or
29 (4) adopting such other arrangements as the
30 Department determines appropriate.
31 (g) Families eligible for assistance under this Section
32 shall be given the following options:
33 (1) receiving a child care certificate issued by
34 the Department or a subcontractor of the Department that
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1 may be used by the parents as payment for child care and
2 development services only; or
3 (2) if space is available, enrolling the child with
4 a child care provider that has a purchase of service
5 contract with the Department or a subcontractor of the
6 Department for the provision of child care and
7 development services. The Department may identify
8 particular priority populations for whom they may request
9 special consideration by a provider with purchase of
10 service contracts, provided that the providers shall be
11 permitted to maintain a balance of clients in terms of
12 household incomes and families and children with special
13 needs, as defined by rule.
14 (Source: P.A. 90-17, eff. 7-1-97.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".