Public Act 102-0491
HB3620 EnrolledLRB102 10450 KTG 15778 b

    AN ACT concerning public aid.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Public Aid Code is amended by
changing Section 9A-11 and by adding Section 9A-2a as follows:
    (305 ILCS 5/9A-2a new)
    Sec. 9A-2a. Federal poverty level; definition. As used in
this Article, "federal poverty level" means the poverty
guidelines updated periodically in the Federal Register by the
U.S. Department of Health and Human Services under the
authority of 42 U.S.C. 9902(2).
    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
    Sec. 9A-11. Child care.
    (a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with low incomes, including those who
are transitioning from welfare to work, often struggle to pay
the costs of day care. The General Assembly understands the
importance of helping low-income working families become and
remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs
of child care. It is also the preference of the General
Assembly that all working poor families should be treated
equally, regardless of their welfare status.
    (b) To the extent resources permit, the Illinois
Department shall provide child care services to parents or
other relatives as defined by rule who are working or
participating in employment or Department approved education
or training programs. At a minimum, the Illinois Department
shall cover the following categories of families:
        (1) recipients of TANF under Article IV participating
    in work and training activities as specified in the
    personal plan for employment and self-sufficiency;
        (2) families transitioning from TANF to work;
        (3) families at risk of becoming recipients of TANF;
        (4) families with special needs as defined by rule;
        (5) working families with very low incomes as defined
    by rule;
        (6) families that are not recipients of TANF and that
    need child care assistance to participate in education and
    training activities; and
        (7) families with children under the age of 5 who have
    an open intact family services case with the Department of
    Children and Family Services. Any family that receives
    child care assistance in accordance with this paragraph
    shall remain eligible for child care assistance 6 months
    after the child's intact family services case is closed,
    regardless of whether the child's parents or other
    relatives as defined by rule are working or participating
    in Department approved employment or education or training
    programs. The Department of Human Services, in
    consultation with the Department of Children and Family
    Services, shall adopt rules to protect the privacy of
    families who are the subject of an open intact family
    services case when such families enroll in child care
    services. Additional rules shall be adopted to offer
    children who have an open intact family services case the
    opportunity to receive an Early Intervention screening and
    other services that their families may be eligible for as
    provided by the Department of Human Services.
    The Department shall specify by rule the conditions of
eligibility, the application process, and the types, amounts,
and duration of services. Eligibility for child care benefits
and the amount of child care provided may vary based on family
size, income, and other factors as specified by rule.
    A family's eligibility for child care services shall be
redetermined no sooner than 12 months following the initial
determination or most recent redetermination. During the
12-month periods, the family shall remain eligible for child
care services regardless of (i) a change in family income,
unless family income exceeds 85% of State median income, or
(ii) a temporary change in the ongoing status of the parents or
other relatives, as defined by rule, as working or attending a
job training or educational program.
    In determining income eligibility for child care benefits,
the Department annually, at the beginning of each fiscal year,
shall establish, by rule, one income threshold for each family
size, in relation to percentage of State median income for a
family of that size, that makes families with incomes below
the specified threshold eligible for assistance and families
with incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the
specified threshold must be no less than 50% of the
then-current State median income for each family size.
Beginning in fiscal year 2008, the specified threshold must be
no less than 185% of the then-current federal poverty level
for each family size. Notwithstanding any other provision of
law or administrative rule to the contrary, beginning in
fiscal year 2019, the specified threshold for working families
with very low incomes as defined by rule must be no less than
185% of the then-current federal poverty level for each family
size. Notwithstanding any other provision of law or
administrative rule to the contrary, beginning in State fiscal
year 2022, the specified income threshold shall be no less
than 200% of the then-current federal poverty level for each
family size.
    In determining eligibility for assistance, the Department
shall not give preference to any category of recipients or
give preference to individuals based on their receipt of
benefits under this Code.
    Nothing in this Section shall be construed as conferring
entitlement status to eligible families.
    The Illinois Department is authorized to lower income
eligibility ceilings, raise parent co-payments, create waiting
lists, or take such other actions during a fiscal year as are
necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child
care benefits. These changes may be accomplished by emergency
rule under Section 5-45 of the Illinois Administrative
Procedure Act, except that the limitation on the number of
emergency rules that may be adopted in a 24-month period shall
not apply.
    The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
    (c) Payment shall be made for child care that otherwise
meets the requirements of this Section and applicable
standards of State and local law and regulation, including any
requirements the Illinois Department promulgates by rule in
addition to the licensure requirements promulgated by the
Department of Children and Family Services and Fire Prevention
and Safety requirements promulgated by the Office of the State
Fire Marshal, and is provided in any of the following:
        (1) a child care center which is licensed or exempt
    from licensure pursuant to Section 2.09 of the Child Care
    Act of 1969;
        (2) a licensed child care home or home exempt from
        (3) a licensed group child care home;
        (4) other types of child care, including child care
    provided by relatives or persons living in the same home
    as the child, as determined by the Illinois Department by
    (c-5) Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, child and day care home
providers, including licensed and license exempt,
participating in the Department's child care assistance
program shall be considered to be public employees and the
State of Illinois shall be considered to be their employer as
of January 1, 2006 (the effective date of Public Act 94-320),
but not before. The State shall engage in collective
bargaining with an exclusive representative of child and day
care home providers participating in the child care assistance
program concerning their terms and conditions of employment
that are within the State's control. Nothing in this
subsection shall be understood to limit the right of families
receiving services defined in this Section to select child and
day care home providers or supervise them within the limits of
this Section. The State shall not be considered to be the
employer of child and day care home providers for any purposes
not specifically provided in Public Act 94-320, including, but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
    In according child and day care home providers and their
selected representative rights under the Illinois Public Labor
Relations Act, the State intends that the State action
exemption to application of federal and State antitrust laws
be fully available to the extent that their activities are
authorized by Public Act 94-320.
    (d) The Illinois Department shall establish, by rule, a
co-payment scale that provides for cost sharing by families
that receive child care services, including parents whose only
income is from assistance under this Code. The co-payment
shall be based on family income and family size and may be
based on other factors as appropriate. Co-payments may be
waived for families whose incomes are at or below the federal
poverty level.
    (d-5) The Illinois Department, in consultation with its
Child Care and Development Advisory Council, shall develop a
plan to revise the child care assistance program's co-payment
scale. The plan shall be completed no later than February 1,
2008, and shall include:
        (1) findings as to the percentage of income that the
    average American family spends on child care and the
    relative amounts that low-income families and the average
    American family spend on other necessities of life;
        (2) recommendations for revising the child care
    co-payment scale to assure that families receiving child
    care services from the Department are paying no more than
    they can reasonably afford;
        (3) recommendations for revising the child care
    co-payment scale to provide at-risk children with complete
    access to Preschool for All and Head Start; and
        (4) recommendations for changes in child care program
    policies that affect the affordability of child care.
    (e) (Blank).
    (f) The Illinois Department shall, by rule, set rates to
be paid for the various types of child care. Child care may be
provided through one of the following methods:
        (1) arranging the child care through eligible
    providers by use of purchase of service contracts or
        (2) arranging with other agencies and community
    volunteer groups for non-reimbursed child care;
        (3) (blank); or
        (4) adopting such other arrangements as the Department
    determines appropriate.
    (f-1) Within 30 days after June 4, 2018 (the effective
date of Public Act 100-587), the Department of Human Services
shall establish rates for child care providers that are no
less than the rates in effect on January 1, 2018 increased by
    (f-5) (Blank).
    (g) Families eligible for assistance under this Section
shall be given the following options:
        (1) receiving a child care certificate issued by the
    Department or a subcontractor of the Department that may
    be used by the parents as payment for child care and
    development services only; or
        (2) if space is available, enrolling the child with a
    child care provider that has a purchase of service
    contract with the Department or a subcontractor of the
    Department for the provision of child care and development
    services. The Department may identify particular priority
    populations for whom they may request special
    consideration by a provider with purchase of service
    contracts, provided that the providers shall be permitted
    to maintain a balance of clients in terms of household
    incomes and families and children with special needs, as
    defined by rule.
(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
8-17-18; 101-81, eff. 7-12-19.)
    Section 99. Effective date. This Act takes effect July 1,