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91_HB3217
LRB9110555DJcd
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 fiscal year 1998, to the extent resources permit, the
29 Department shall establish an income eligibility threshold of
30 50% of the State median income. Notwithstanding the income
31 level at which families become eligible to receive child care
32 assistance, any family that is already receiving child care
33 assistance on the effective date of this amendatory Act of
34 1997 shall remain eligible for assistance for fiscal year
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1 1998. Nothing in this Section shall be construed as
2 conferring entitlement status to eligible families. The
3 Illinois Department is authorized to lower income eligibility
4 ceilings, raise parent co-payments, create waiting lists, or
5 take such other actions during a fiscal year as are necessary
6 to ensure that child care benefits paid under this Article do
7 not exceed the amounts appropriated for those child care
8 benefits. These changes may be accomplished by emergency
9 rule under Section 5-45 of the Illinois Administrative
10 Procedure Act, except that the limitation on the number of
11 emergency rules that may be adopted in a 24-month period
12 shall not apply. The Illinois Department may contract with
13 other State agencies or child care organizations for the
14 administration of child care services.
15 (c) Payment shall be made for child care that otherwise
16 meets the requirements of this Section and applicable
17 standards of State and local law and regulation, including
18 any requirements the Illinois Department promulgates by rule
19 in addition to the licensure requirements promulgated by the
20 Department of Children and Family Services and Fire
21 Prevention and Safety requirements promulgated by the Office
22 of the State Fire Marshal and is provided in any of the
23 following:
24 (1) a child care center which is licensed or exempt
25 from licensure pursuant to Section 2.09 of the Child Care
26 Act of 1969;
27 (2) a licensed child care home or home exempt from
28 licensing;
29 (3) a licensed group child care home;
30 (4) other types of child care, including child care
31 provided by relatives or persons living in the same home
32 as the child, as determined by the Illinois Department by
33 rule.
34 (d) The Illinois Department shall, by rule, require
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1 co-payments for child care services by any parent, including
2 parents whose only income is from assistance under this Code.
3 The co-payment shall be assessed based on a sliding scale
4 based on family income, family size, and the number of
5 children in care. The Illinois Department's rules shall
6 provide that a parent must make the required co-payment in
7 advance as a condition of eligibility for child care services
8 under this Section.
9 (e) The Illinois Department shall conduct a market rate
10 survey based on the cost of care and other relevant factors
11 which shall be completed by July 1, 1998.
12 (f) The Illinois Department shall, by rule, set rates to
13 be paid for the various types of child care. Child care may
14 be provided through one of the following methods:
15 (1) arranging the child care through eligible
16 providers by use of purchase of service contracts or
17 vouchers;
18 (2) arranging with other agencies and community
19 volunteer groups for non-reimbursed child care;
20 (3) (blank); or
21 (4) adopting such other arrangements as the
22 Department determines appropriate.
23 (g) Families eligible for assistance under this Section
24 shall be given the following options:
25 (1) receiving a child care certificate issued by
26 the Department or a subcontractor of the Department that
27 may be used by the parents as payment for child care and
28 development services only; or
29 (2) if space is available, enrolling the child with
30 a child care provider that has a purchase of service
31 contract with the Department or a subcontractor of the
32 Department for the provision of child care and
33 development services. The Department may identify
34 particular priority populations for whom they may request
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1 special consideration by a provider with purchase of
2 service contracts, provided that the providers shall be
3 permitted to maintain a balance of clients in terms of
4 household incomes and families and children with special
5 needs, as defined by rule.
6 (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)