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90_HB3428
305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
Amends the "education, training, and employment program
for TANF recipients" Article of the Public Aid Code. Make
stylistic changes in a Section concerning child care.
LRB9010621DJcd
LRB9010621DJcd
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 Illinois Department approved
24 education or training programs. At a minimum, the Illinois
25 Department 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 Illinois Department shall specify by rule the
7 conditions of eligibility, the application process, and the
8 types, amounts, and duration of services. Eligibility for
9 child care benefits and the amount of child care provided may
10 vary based on family size, income, and other factors as
11 specified by rule. In determining income eligibility for
12 child care benefits, the Department shall establish, by rule,
13 one income threshold for each family size, in relation to
14 percentage of State median income for a family of that size,
15 that makes families with incomes below the specified
16 threshold eligible for assistance and families with incomes
17 above the specified threshold ineligible for assistance. In
18 determining eligibility for assistance, the Illinois
19 Department shall not give preference to any category of
20 recipients or give preference to individuals based on their
21 receipt of benefits under this Code. It is the intent of the
22 General Assembly that, for fiscal year 1998, to the extent
23 resources permit, the Illinois Department shall establish an
24 income eligibility threshold of 50% of the State median
25 income. Notwithstanding the income level at which families
26 become eligible to receive child care assistance, any family
27 that is already receiving child care assistance on July 1,
28 the effective date of this amendatory Act of 1997 shall
29 remain eligible for assistance for fiscal year 1998. Nothing
30 in this Section shall be construed as conferring entitlement
31 status to eligible families. The Illinois Department is
32 authorized to lower income eligibility ceilings, raise parent
33 co-payments, create waiting lists, or take such other actions
34 during a fiscal year as are necessary to ensure that child
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1 care benefits paid under this Article do not exceed the
2 amounts appropriated for those child care benefits. These
3 changes may be accomplished by emergency rule under Section
4 5-45 of the Illinois Administrative Procedure Act, except
5 that the limitation on the number of emergency rules that may
6 be adopted in a 24-month period shall not apply. The
7 Illinois Department may contract with other State agencies or
8 child care organizations for the administration of child care
9 services.
10 (c) Payment shall be made for child care that otherwise
11 meets the requirements of this Section and applicable
12 standards of State and local law and regulation, including
13 any requirements the Illinois Department promulgates by rule
14 in addition to the licensure requirements promulgated by the
15 Department of Children and Family Services and Fire
16 Prevention and Safety requirements promulgated by the Office
17 of the State Fire Marshal and is provided in any of the
18 following:
19 (1) a child care center which is licensed or exempt
20 from licensure pursuant to Section 2.09 of the Child Care
21 Act of 1969;
22 (2) a licensed child care home or home exempt from
23 licensing;
24 (3) a licensed group child care home;
25 (4) other types of child care, including child care
26 provided by relatives or persons living in the same home
27 as the child, as determined by the Illinois Department by
28 rule.
29 (d) The Illinois Department shall, by rule, require
30 co-payments for child care services by any parent, including
31 parents whose only income is from assistance under this Code.
32 The co-payment shall be assessed based on a sliding scale
33 based on family income, family size, and the number of
34 children in care.
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1 (e) The Illinois Department shall conduct a market rate
2 survey based on the cost of care and other relevant factors
3 which shall be completed by July 1, 1998.
4 (f) The Illinois Department shall, by rule, set rates to
5 be paid for the various types of child care. Child care may
6 be provided through one of the following methods:
7 (1) arranging the child care through eligible
8 providers by use of purchase of service contracts or
9 vouchers;
10 (2) arranging with other agencies and community
11 volunteer groups for non-reimbursed child care;
12 (3) (blank); or
13 (4) adopting such other arrangements as the
14 Illinois Department determines appropriate.
15 (g) Families eligible for assistance under this Section
16 shall be given the following options:
17 (1) receiving a child care certificate issued by
18 the Illinois Department or a subcontractor of the
19 Illinois Department that may be used by the parents as
20 payment for child care and development services only; or
21 (2) if space is available, enrolling the child with
22 a child care provider that has a purchase of service
23 contract with the Illinois Department or a subcontractor
24 of the Illinois Department for the provision of child
25 care and development services. The Illinois Department
26 may identify particular priority populations for whom
27 they may request special consideration by a provider with
28 purchase of service contracts, provided that the
29 providers shall be permitted to maintain a balance of
30 clients in terms of household incomes and families and
31 children with special needs, as defined by rule.
32 (Source: P.A. 90-17, eff. 7-1-97.)