State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ][ House Amendment 003 ][ House Amendment 004 ]
[ House Amendment 005 ]

90_HB2605ham007

                                           LRB9009318SMdvam18
 1                    AMENDMENT TO HOUSE BILL 2605
 2        AMENDMENT NO.     .  Amend House Bill 2605,  AS  AMENDED,
 3    by replacing 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
                            -2-            LRB9009318SMdvam18
 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;
15             (4)  families with special needs as defined by rule;
16        and
17             (5)  working  families  with  very  low  incomes  as
18        defined by rule.
19        The  Department  shall  specify by rule the conditions of
20    eligibility, the application process, and the types, amounts,
21    and  duration  of  services.    Eligibility  for  child  care
22    benefits and the amount of child care provided may vary based
23    on family size, income, and other  factors  as  specified  by
24    rule.  In  determining  income  eligibility  for  child  care
25    benefits, the Department shall establish, by rule, one income
26    threshold  for each family size, in relation to percentage of
27    State median income for a family of  that  size,  that  makes
28    families  with incomes below the specified threshold eligible
29    for assistance and families with incomes above the  specified
30    threshold   ineligible   for   assistance.    In  determining
31    eligibility for assistance, the  Department  shall  not  give
32    preference  to  any category of recipients or give preference
33    to individuals based on their receipt of benefits under  this
34    Code.   It  is  the  intent of the General Assembly that, for
                            -3-            LRB9009318SMdvam18
 1    fiscal  year  1998,  to  the  extent  resources  permit,  the
 2    Department shall establish an income eligibility threshold of
 3    50% of the State median income.  Notwithstanding  the  income
 4    level at which families become eligible to receive child care
 5    assistance,  any  family that is already receiving child care
 6    assistance on the effective date of this  amendatory  Act  of
 7    1997  shall  remain  eligible  for assistance for fiscal year
 8    1998.   Nothing  in  this  Section  shall  be  construed   as
 9    conferring  entitlement  status  to  eligible  families.  The
10    Illinois Department is authorized to lower income eligibility
11    ceilings, raise parent co-payments, create waiting lists,  or
12    take such other actions during a fiscal year as are necessary
13    to ensure that child care benefits paid under this Article do
14    not  exceed  the  amounts  appropriated  for those child care
15    benefits.  These changes may  be  accomplished  by  emergency
16    rule  under  Section  5-45  of  the  Illinois  Administrative
17    Procedure  Act,  except  that the limitation on the number of
18    emergency rules that may be  adopted  in  a  24-month  period
19    shall  not  apply.  The Illinois Department may contract with
20    other State agencies or  child  care  organizations  for  the
21    administration of child care services.
22        (c)  Payment  shall be made for child care that otherwise
23    meets  the  requirements  of  this  Section  and   applicable
24    standards  of  State  and local law and regulation, including
25    any requirements the Illinois Department promulgates by  rule
26    in  addition to the licensure requirements promulgated by the
27    Department  of  Children  and  Family   Services   and   Fire
28    Prevention  and Safety requirements promulgated by the Office
29    of the State Fire Marshal and  is  provided  in  any  of  the
30    following:
31             (1)  a child care center which is licensed or exempt
32        from licensure pursuant to Section 2.09 of the Child Care
33        Act of 1969;
34             (2)  a  licensed child care home or home exempt from
                            -4-            LRB9009318SMdvam18
 1        licensing;
 2             (3)  a licensed group child care home;
 3             (4)  other types of child care, including child care
 4        provided by relatives or persons living in the same  home
 5        as the child, as determined by the Illinois Department by
 6        rule.
 7        (d)  The  Illinois  Department  shall,  by  rule, require
 8    co-payments for child care services by any parent,  including
 9    parents whose only income is from assistance under this Code.
10    The  co-payment  shall  be  assessed based on a sliding scale
11    based on family  income,  family  size,  and  the  number  of
12    children in care.
13        Fees for a family with one child in care shall not exceed
14    8%  of  the  family's gross annual income, and the fees for a
15    family with 2 children in care shall not exceed  10%  of  the
16    family's  gross  annual  income.  Nominal fees for additional
17    children in care may be charged.
18        Newly  employed  families,  as  defined  by  rule,  shall
19    receive a one-time 2-month grace period during which they are
20    exempt from co-payment fees.  For those receiving TANF, these
21    fees shall be covered by the Department as initial employment
22    expenses under supportive services.
23        Families in good standing on co-payment fee payments  and
24    who  are  otherwise  eligible,  as  defined by rule, shall be
25    charged a co-payment rate for  full-time  summer  child  care
26    programs for school-aged children that is not more than would
27    be required of them during the school year.
28        Licensed  private and governmental entities which receive
29    State subsidies for the provision of child care  who  collect
30    no  less than 90% of fees due per month under this subsection
31    shall be reimbursed by the Department for any remaining  fees
32    not collected up to 10% of those due.
33        (e)  The  Illinois Department shall conduct a market rate
34    survey based on the cost of care and other  relevant  factors
                            -5-            LRB9009318SMdvam18
 1    which shall be completed by July 1, 1998.
 2        There  is  hereby  established a Task Force on Child Care
 3    Rates for the purposes of (1) reviewing the  results  of  the
 4    1998 market rate survey and (2) making recommendations to the
 5    General  Assembly,  the  Governor, and the Secretary of Human
 6    Services regarding the implementation of the findings of  the
 7    1998  market rate survey.  The Task Force shall consist of 15
 8    members, with one member appointed by each of the  following:
 9    the  Governor,  the  President  of  the  Senate,  the  Senate
10    Minority  Leader, the Speaker of the House of Representative,
11    the House Minority Leader, the Secretary of Human Services or
12    his or her designee, and the Director of Children and  Family
13    Services  or  his  or her designee.  Three additional members
14    shall be appointed by the Governor who shall be providers  of
15    child  care  in  this  State  and 5 at-large members shall be
16    appointed by the Governor who are knowledgeable in child care
17    issues and, in particular, have expertise in regard to  rates
18    and  the  impact  of rates on the quality and supply of child
19    care in Illinois.  A chair and a vice-chair shall be  elected
20    by  the  members  of  the  Task  Force once the Task Force is
21    appointed.  Members shall serve without compensation, but may
22    be reimbursed for  their  expenses.   The  Task  Force  shall
23    submit  a  report  of its findings and recommendations to the
24    General Assembly and to the Governor  by  December  1,  1998.
25    The Task Force is abolished on January 1, 1999.
26        (f)  The Illinois Department shall, by rule, set rates to
27    be  paid  for the various types of child care. Child care may
28    be provided through one of the following methods:
29             (1)  arranging  the  child  care  through   eligible
30        providers  by  use  of  purchase  of service contracts or
31        vouchers;
32             (2)  arranging with  other  agencies  and  community
33        volunteer groups for non-reimbursed child care;
34             (3)  (blank); or
                            -6-            LRB9009318SMdvam18
 1             (4)  adopting   such   other   arrangements  as  the
 2        Department determines appropriate.
 3        (g)  Families eligible for assistance under this  Section
 4    shall be given the following options:
 5             (1)  receiving  a  child  care certificate issued by
 6        the Department or a subcontractor of the Department  that
 7        may  be used by the parents as payment for child care and
 8        development services only; or
 9             (2)  if space is available, enrolling the child with
10        a child care provider that  has  a  purchase  of  service
11        contract  with  the  Department or a subcontractor of the
12        Department  for  the  provision   of   child   care   and
13        development   services.    The  Department  may  identify
14        particular priority populations for whom they may request
15        special consideration by  a  provider  with  purchase  of
16        service  contracts,  provided that the providers shall be
17        permitted to maintain a balance of clients  in  terms  of
18        household  incomes and families and children with special
19        needs, as defined by rule.
20        (h)  To expand the quality of  child  care  for  families
21    eligible  to  receive child care services under this Section,
22    the Illinois Department shall set aside a minimum  of  6%  of
23    all  funds  appropriated  to  the Department to provide child
24    care services under this Section.  This  set-aside  shall  be
25    used to fund initiatives to enhance the quality of child care
26    provided to children served under this Section.
27        To  expand the supply of child care available to families
28    eligible to receive child care services under  this  Section,
29    the  Illinois  Department  shall set aside a minimum of 4% of
30    all funds appropriated to the  Department  to  provide  child
31    care  services  under  this  Section.  The set-aside shall be
32    used   to   fund   supply-building   initiatives    including
33    rehabilitation  and  construction  of facilities and building
34    the supply of care in  identified  areas  of  need,  such  as
                            -7-            LRB9009318SMdvam18
 1    infant  and  toddler  care,  care  for  children with special
 2    needs, and before and after school care.
 3    (Source: P.A. 90-17, eff. 7-1-97.)".

[ Top ]