State of Illinois
90th General Assembly
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90_HB2898

      305 ILCS 5/9A-11          from Ch. 23, par. 9A-11
          Amends the  Illinois  Public  Aid  Code.   In  provisions
      regarding  child  care  assistance by the Department of Human
      Services provides that, in addition to the  other  categories
      of  people  covered,  the  Department  shall cover low income
      families participating in educational or training activities,
      if  the  Department  has  approved  the  activity   and   has
      determined    that    the    individual   is   satisfactorily
      participating in the activity.  Effective immediately.
                                                     LRB9009903SMdv
                                               LRB9009903SMdv
 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
                            -2-                LRB9009903SMdv
 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; and
 6             (6)  low    income    families    participating   in
 7        educational or training activities, if the Department has
 8        approved  the  activity  and  has  determined  that   the
 9        individual   is   satisfactorily   participating  in  the
10        activity.
11        The Department shall specify by rule  the  conditions  of
12    eligibility, the application process, and the types, amounts,
13    and  duration  of  services.    Eligibility  for  child  care
14    benefits and the amount of child care provided may vary based
15    on  family  size,  income,  and other factors as specified by
16    rule.  In  determining  income  eligibility  for  child  care
17    benefits, the Department shall establish, by rule, one income
18    threshold for each family size, in relation to percentage  of
19    State  median  income  for  a family of that size, that makes
20    families with incomes below the specified threshold  eligible
21    for  assistance and families with incomes above the specified
22    threshold  ineligible  for  assistance.      In   determining
23    eligibility  for  assistance,  the  Department shall not give
24    preference to any category of recipients or  give  preference
25    to  individuals based on their receipt of benefits under this
26    Code.  It is the intent of the  General  Assembly  that,  for
27    fiscal  year  1998,  to  the  extent  resources  permit,  the
28    Department shall establish an income eligibility threshold of
29    50%  of  the State median income.  Notwithstanding the income
30    level at which families become eligible to receive child care
31    assistance, any family that is already receiving  child  care
32    assistance  on  the  effective date of this amendatory Act of
33    1997 shall remain eligible for  assistance  for  fiscal  year
34    1998.    Nothing  in  this  Section  shall  be  construed  as
                            -3-                LRB9009903SMdv
 1    conferring entitlement  status  to  eligible  families.   The
 2    Illinois Department is authorized to lower income eligibility
 3    ceilings,  raise parent co-payments, create waiting lists, or
 4    take such other actions during a fiscal year as are necessary
 5    to ensure that child care benefits paid under this Article do
 6    not exceed the amounts  appropriated  for  those  child  care
 7    benefits.    These  changes  may be accomplished by emergency
 8    rule  under  Section  5-45  of  the  Illinois  Administrative
 9    Procedure Act, except that the limitation on  the  number  of
10    emergency  rules  that  may  be  adopted in a 24-month period
11    shall not apply.  The Illinois Department may  contract  with
12    other  State  agencies  or  child  care organizations for the
13    administration of child care services.
14        (c)  Payment shall be made for child care that  otherwise
15    meets   the  requirements  of  this  Section  and  applicable
16    standards of State and local law  and  regulation,  including
17    any  requirements the Illinois Department promulgates by rule
18    in addition to the licensure requirements promulgated by  the
19    Department   of   Children   and  Family  Services  and  Fire
20    Prevention and Safety requirements promulgated by the  Office
21    of  the  State  Fire  Marshal  and  is provided in any of the
22    following:
23             (1)  a child care center which is licensed or exempt
24        from licensure pursuant to Section 2.09 of the Child Care
25        Act of 1969;
26             (2)  a licensed child care home or home exempt  from
27        licensing;
28             (3)  a licensed group child care home;
29             (4)  other types of child care, including child care
30        provided  by relatives or persons living in the same home
31        as the child, as determined by the Illinois Department by
32        rule.
33        (d)  The Illinois  Department  shall,  by  rule,  require
34    co-payments  for child care services by any parent, including
                            -4-                LRB9009903SMdv
 1    parents whose only income is from assistance under this Code.
 2    The co-payment shall be assessed based  on  a  sliding  scale
 3    based  on  family  income,  family  size,  and  the number of
 4    children in care.
 5        (e)  The Illinois Department shall conduct a market  rate
 6    survey  based  on the cost of care and other relevant factors
 7    which shall be completed by July 1, 1998.
 8        (f)  The Illinois Department shall, by rule, set rates to
 9    be paid for the various types of child care. Child  care  may
10    be provided through one of the following methods:
11             (1)  arranging   the  child  care  through  eligible
12        providers by use of  purchase  of  service  contracts  or
13        vouchers;
14             (2)  arranging  with  other  agencies  and community
15        volunteer groups for non-reimbursed child care;
16             (3)  (blank); or
17             (4)  adopting  such  other   arrangements   as   the
18        Department determines appropriate.
19        (g)  Families  eligible for assistance under this Section
20    shall be given the following options:
21             (1)  receiving a child care  certificate  issued  by
22        the  Department or a subcontractor of the Department that
23        may be used by the parents as payment for child care  and
24        development services only; or
25             (2)  if space is available, enrolling the child with
26        a  child  care  provider  that  has a purchase of service
27        contract with the Department or a  subcontractor  of  the
28        Department   for   the   provision   of  child  care  and
29        development  services.    The  Department  may   identify
30        particular priority populations for whom they may request
31        special  consideration  by  a  provider  with purchase of
32        service contracts, provided that the providers  shall  be
33        permitted  to  maintain  a balance of clients in terms of
34        household incomes and families and children with  special
                            -5-                LRB9009903SMdv
 1        needs, as defined by rule.
 2    (Source: P.A. 90-17, eff. 7-1-97.)
 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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