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91_HB3123
LRB9110341DJcd
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. The Department shall allocate $7,500,000 annually for a
22 test program for families who are income-eligible for child
23 care assistance, who are not recipients of TANF under Article
24 IV, and who need child care assistance to participate in
25 education and training activities. The Department shall
26 specify by rule the conditions of eligibility for this test
27 program. It is the intent of the General Assembly that, for
28 the fiscal year beginning July 1, 2000 1998, to the extent
29 resources permit, the Department shall establish an income
30 eligibility threshold of 60% 50% of the State median income.
31 Notwithstanding the income level at which families become
32 eligible to receive child care assistance, any family that is
33 already receiving child care assistance on July 1, the
34 effective date of this amendatory Act of 1997 shall remain
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1 eligible for assistance for fiscal year 1998. Nothing in
2 this Section shall be construed as conferring entitlement
3 status to eligible families. The Illinois Department is
4 authorized to lower income eligibility ceilings, raise parent
5 co-payments, create waiting lists, or take such other actions
6 during a fiscal year as are necessary to ensure that child
7 care benefits paid under this Article do not exceed the
8 amounts appropriated for those child care benefits. These
9 changes may be accomplished by emergency rule under Section
10 5-45 of the Illinois Administrative Procedure Act, except
11 that the limitation on the number of emergency rules that may
12 be adopted in a 24-month period shall not apply. The
13 Illinois Department may contract with other State agencies or
14 child care organizations for the administration of child care
15 services.
16 (c) Payment shall be made for child care that otherwise
17 meets the requirements of this Section and applicable
18 standards of State and local law and regulation, including
19 any requirements the Illinois Department promulgates by rule
20 in addition to the licensure requirements promulgated by the
21 Department of Children and Family Services and Fire
22 Prevention and Safety requirements promulgated by the Office
23 of the State Fire Marshal and is provided in any of the
24 following:
25 (1) a child care center which is licensed or exempt
26 from licensure pursuant to Section 2.09 of the Child Care
27 Act of 1969;
28 (2) a licensed child care home or home exempt from
29 licensing;
30 (3) a licensed group child care home;
31 (4) other types of child care, including child care
32 provided by relatives or persons living in the same home
33 as the child, as determined by the Illinois Department by
34 rule.
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1 (d) The Illinois Department shall, by rule, require
2 co-payments for child care services by any parent, including
3 parents whose only income is from assistance under this Code.
4 The co-payment shall be assessed based on a sliding scale
5 based on family income, family size, and the number of
6 children in care.
7 (e) The Illinois Department shall conduct a market rate
8 survey based on the cost of care and other relevant factors
9 which shall be completed by July 1, 1998.
10 (f) The Illinois Department shall, by rule, set rates to
11 be paid for the various types of child care. Child care may
12 be provided through one of the following methods:
13 (1) arranging the child care through eligible
14 providers by use of purchase of service contracts or
15 vouchers;
16 (2) arranging with other agencies and community
17 volunteer groups for non-reimbursed child care;
18 (3) (blank); or
19 (4) adopting such other arrangements as the
20 Department determines appropriate.
21 (g) Families eligible for assistance under this Section
22 shall be given the following options:
23 (1) receiving a child care certificate issued by
24 the Department or a subcontractor of the Department that
25 may be used by the parents as payment for child care and
26 development services only; or
27 (2) if space is available, enrolling the child with
28 a child care provider that has a purchase of service
29 contract with the Department or a subcontractor of the
30 Department for the provision of child care and
31 development services. The Department may identify
32 particular priority populations for whom they may request
33 special consideration by a provider with purchase of
34 service contracts, provided that the providers shall be
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1 permitted to maintain a balance of clients in terms of
2 household incomes and families and children with special
3 needs, as defined by rule.
4 (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.