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90_HB3437
305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
Amends the Illinois Public Aid Code in provisions
regarding child care assistance. To the extent resources
permit, but not less than $10,000,000 in any fiscal year if
demand requires, requires the Department of Human Services to
provide child care services to certain persons not otherwise
eligible who are not receiving assistance under the Temporary
Assistance for Needy Families program, whose family income is
below the threshold for eligibility, and who are enrolled and
making satisfactory progress in certain specified employment
or education programs. Requires the Department to maintain a
list of persons who apply for services whom the Department is
unable to serve due to a lack of sufficient resources.
Effective immediately.
LRB9010748SMgc
LRB9010748SMgc
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 (b-5) To the extent resources permit, but to an extent
10 not less than $10,000,000 in any fiscal year if demand
11 requires, the Illinois Department shall provide child care
12 services to parents or other relatives not otherwise provided
13 child care services under subsection (b) who are not
14 receiving assistance under Article IV, whose family income is
15 below the specified threshold for eligibility under this
16 Section, and who are enrolled and making satisfactory
17 progress in:
18 (1) an adult basic education,
19 English-as-a-second-language, or GED preparation program;
20 (2) an occupational or vocational training program
21 operated by a community college or a State approved
22 training provider, if the parent is engaged in a minimum
23 of 20 hours per week of training or a combination of
24 training and employment; or
25 (3) an undergraduate program, if the parent is
26 engaged in a minimum of 30 hours per week of classes and
27 employment with a minimum of 8 hours per week of
28 employment. In calculating the 30 hours per week, the
29 parent's course credit hours shall be multiplied by two.
30 To measure unmet demand for child care services, the
31 Illinois Department shall maintain a list of all persons who
32 apply for child care services pursuant to this subsection
33 (b-5) and whom the Department is unable to serve due to a
34 lack of sufficient resources.
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1 (c) Payment shall be made for child care that otherwise
2 meets the requirements of this Section and applicable
3 standards of State and local law and regulation, including
4 any requirements the Illinois Department promulgates by rule
5 in addition to the licensure requirements promulgated by the
6 Department of Children and Family Services and Fire
7 Prevention and Safety requirements promulgated by the Office
8 of the State Fire Marshal and is provided in any of the
9 following:
10 (1) a child care center which is licensed or exempt
11 from licensure pursuant to Section 2.09 of the Child Care
12 Act of 1969;
13 (2) a licensed child care home or home exempt from
14 licensing;
15 (3) a licensed group child care home;
16 (4) other types of child care, including child care
17 provided by relatives or persons living in the same home
18 as the child, as determined by the Illinois Department by
19 rule.
20 (d) The Illinois Department shall, by rule, require
21 co-payments for child care services by any parent, including
22 parents whose only income is from assistance under this Code.
23 The co-payment shall be assessed based on a sliding scale
24 based on family income, family size, and the number of
25 children in care.
26 (e) The Illinois Department shall conduct a market rate
27 survey based on the cost of care and other relevant factors
28 which shall be completed by July 1, 1998.
29 (f) The Illinois Department shall, by rule, set rates to
30 be paid for the various types of child care. Child care may
31 be provided through one of the following methods:
32 (1) arranging the child care through eligible
33 providers by use of purchase of service contracts or
34 vouchers;
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1 (2) arranging with other agencies and community
2 volunteer groups for non-reimbursed child care;
3 (3) (blank); or
4 (4) adopting such other arrangements as the
5 Department determines appropriate.
6 (g) Families eligible for assistance under this Section
7 shall be given the following options:
8 (1) receiving a child care certificate issued by
9 the Department or a subcontractor of the Department that
10 may be used by the parents as payment for child care and
11 development services only; or
12 (2) if space is available, enrolling the child with
13 a child care provider that has a purchase of service
14 contract with the Department or a subcontractor of the
15 Department for the provision of child care and
16 development services. The Department may identify
17 particular priority populations for whom they may request
18 special consideration by a provider with purchase of
19 service contracts, provided that the providers shall be
20 permitted to maintain a balance of clients in terms of
21 household incomes and families and children with special
22 needs, as defined by rule.
23 (Source: P.A. 90-17, eff. 7-1-97.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.