Public Act 93-0361
HB0294 Enrolled LRB093 03766 DRJ 03801 b
AN ACT in relation to 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 as follows:
(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;
and
(5) working families with very low incomes as
defined by rule.
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.
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. The specified threshold
must be no less than 50% of the then-current State median
income 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.
The Department shall allocate $7,500,000 annually for a
test program for families who are income-eligible for child
care assistance, who are not recipients of TANF under Article
IV, and who need child care assistance to participate in
education and training activities. The Department shall
specify by rule the conditions of eligibility for this test
program. It is the intent of the General Assembly that, for
fiscal year 1998, to the extent resources permit, the
Department shall establish an income eligibility threshold of
50% of the State median income. Notwithstanding the income
level at which families become eligible to receive child care
assistance, any family that is already receiving child care
assistance on the effective date of this amendatory Act of
1997 shall remain eligible for assistance for fiscal year
1998.
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
licensing;
(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
rule.
(d) The Illinois Department shall, by rule, require
co-payments for child care services by any parent, including
parents whose only income is from assistance under this Code.
The co-payment shall be assessed based on a sliding scale
based on family income, family size, and the number of
children in care. Co-payments shall not be increased due
solely to a change in the methodology for counting family
income.
(e) The Illinois Department shall conduct a market rate
survey based on the cost of care and other relevant factors
which shall be completed by July 1, 1998.
(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
vouchers;
(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.
(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. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect on
September 1, 2003.