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Public Act 102-0926


 

Public Act 0926 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0926
 
HB4242 EnrolledLRB102 19896 KTG 28672 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended
by changing Section 5a as follows:
 
    (20 ILCS 505/5a)  (from Ch. 23, par. 5005a)
    Sec. 5a. Reimbursable services for which the Department of
Children and Family Services shall pay 100% of the reasonable
cost pursuant to a written contract negotiated between the
Department and the agency furnishing the services (which shall
include but not be limited to the determination of reasonable
cost, the services being purchased and the duration of the
agreement) include, but are not limited to:
 
SERVICE ACTIVITIES
    Adjunctive Therapy;
    Child Care Service, including day care;
    Clinical Therapy;
    Custodial Service;
    Field Work Students;
    Food Service;
    Normal Education;
    In-Service Training;
    Intake or Evaluation, or both;
    Medical Services;
    Recreation;
    Social Work or Counselling, or both;
    Supportive Staff;
    Volunteers.
 
OBJECT EXPENSES
    Professional Fees and Contract Service Payments;
    Supplies;
    Telephone and Telegram;
    Occupancy;
    Local Transportation;
    Equipment and Other Fixed Assets, including amortization
        of same;
    Miscellaneous.
 
ADMINISTRATIVE COSTS
    Program Administration;
    Supervision and Consultation;
    Inspection and Monitoring for purposes of issuing
        licenses;
    Determination of Children who are eligible
    for federal or other reimbursement;
    Postage and Shipping;
    Outside Printing, Artwork, etc.;
    Subscriptions and Reference Publications;
    Management and General Expense.
Reimbursement of administrative costs other than inspection
and monitoring for purposes of issuing licenses may not exceed
20% of the costs for other services.
    The Department may offer services to any child or family
with respect to whom a report of suspected child abuse or
neglect has been called in to the hotline after completion of a
family assessment as provided under subsection (a-5) of
Section 7.4 of the Abused and Neglected Child Reporting Act
and the Department has determined that services are needed to
address the safety of the child and other family members and
the risk of subsequent maltreatment. Acceptance of such
services shall be voluntary.
    All Object Expenses, Service Activities and Administrative
Costs are allowable.
    If a survey instrument is used in the rate setting
process:
        (a) with respect to any day care centers, it shall be
    limited to those agencies which receive reimbursement from
    the State;
        (b) the cost survey instrument shall be promulgated by
    rule;
        (c) any requirements of the respondents shall be
    promulgated by rule;
        (d) all screens, limits or other tests of
    reasonableness, allowability and reimbursability shall be
    promulgated by rule;
        (e) adjustments may be made by the Department to rates
    when it determines that reported wage and salary levels
    are insufficient to attract capable caregivers in
    sufficient numbers.
    The Department of Children and Family Services may pay
100% of the reasonable costs of research and valuation focused
exclusively on services to youth in care. Such research
projects must be approved, in advance, by the Director of the
Department.
    In addition to reimbursements otherwise provided for in
this Section, the Department of Human Services shall, in
accordance with annual written agreements, make advance
quarterly disbursements to local public agencies for child day
care services with funds appropriated from the Local Effort
Day Care Fund.
    Neither the Department of Children and Family Services nor
the Department of Human Services shall pay or approve
reimbursement for day care in a facility which is operating
without a valid license or permit, except in the case of day
care homes or day care centers which are exempt from the
licensing requirements of the "Child Care Act of 1969".
    The rates paid to day care providers by the Department of
Children and Family Services shall match the rates paid to
child care providers by the Department of Human Services under
the child care assistance program, including base rates and
any relevant rate enhancements.
(Source: P.A. 100-159, eff. 8-18-17.)
 
    Section 10. 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;
        (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) youth in care, as defined in Section 4d of the
    Children and Family Services Act, who are parents,
    regardless of income or whether they are working or
    participating in Department-approved employment or
    education or training programs. Any family that receives
    child care assistance in accordance with this paragraph
    shall receive one additional 12-month child care
    eligibility period after the parenting youth in care's
    case with the Department of Children and Family Services
    is closed, regardless of income or whether the parenting
    youth in care is working or participating in
    Department-approved employment or education or training
    programs;
        (8) families receiving Extended Family Support Program
    services from the Department of Children and Family
    Services, regardless of income or whether they are working
    or participating in Department-approved employment or
    education or training programs; and
        (9) (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.
    Beginning October 1, 2023, and every October 1 thereafter,
the Department of Children and Family Services shall report to
the General Assembly on the number of children who received
child care via vouchers paid for by the Department of Children
and Family Services during the preceding fiscal year. The
report shall include the ages of children who received child
care, the type of child care they received, and the number of
months they received child care.
    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.
    The Department shall update the Child Care Assistance
Program Eligibility Calculator posted on its website to
include a question on whether a family is applying for child
care assistance for the first time or is applying for a
redetermination of eligibility.
    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
    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.
    (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
    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.
    (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
4.26%.
    (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. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
102-491, eff. 8-20-21; revised 11-8-21.)
 
    Section 15. The Early Intervention Services System Act is
amended by changing Section 3 as follows:
 
    (325 ILCS 20/3)  (from Ch. 23, par. 4153)
    Sec. 3. Definitions. As used in this Act:
    (a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
        (1) Developmental delays.
        (2) A physical or mental condition which typically
    results in developmental delay.
        (3) Being at risk of having substantial developmental
    delays based on informed clinical opinion.
        (4) Either (A) having entered the program under any of
    the circumstances listed in paragraphs (1) through (3) of
    this subsection but no longer meeting the current
    eligibility criteria under those paragraphs, and
    continuing to have any measurable delay, or (B) not having
    attained a level of development in each area, including
    (i) cognitive, (ii) physical (including vision and
    hearing), (iii) language, speech, and communication, (iv)
    social or emotional, or (v) adaptive, that is at least at
    the mean of the child's age equivalent peers; and, in
    addition to either item (A) or item (B), (C) having been
    determined by the multidisciplinary individualized family
    service plan team to require the continuation of early
    intervention services in order to support continuing
    developmental progress, pursuant to the child's needs and
    provided in an appropriate developmental manner. The type,
    frequency, and intensity of services shall differ from the
    initial individualized family services plan because of the
    child's developmental progress, and may consist of only
    service coordination, evaluation, and assessments.
    "Eligible infants and toddlers" includes any child under
the age of 3 who is the subject of a substantiated case of
child abuse or neglect as defined in the federal Child Abuse
Prevention and Treatment Act.
    (b) "Developmental delay" means a delay in one or more of
the following areas of childhood development as measured by
appropriate diagnostic instruments and standard procedures:
cognitive; physical, including vision and hearing; language,
speech and communication; social or emotional; or adaptive.
The term means a delay of 30% or more below the mean in
function in one or more of those areas.
    (c) "Physical or mental condition which typically results
in developmental delay" means:
        (1) a diagnosed medical disorder or exposure to a
    toxic substance bearing a relatively well known expectancy
    for developmental outcomes within varying ranges of
    developmental disabilities; or
        (2) a history of prenatal, perinatal, neonatal or
    early developmental events suggestive of biological
    insults to the developing central nervous system and which
    either singly or collectively increase the probability of
    developing a disability or delay based on a medical
    history.
    (d) "Informed clinical opinion" means both clinical
observations and parental participation to determine
eligibility by a consensus of a multidisciplinary team of 2 or
more members based on their professional experience and
expertise.
    (e) "Early intervention services" means services which:
        (1) are designed to meet the developmental needs of
    each child eligible under this Act and the needs of his or
    her family;
        (2) are selected in collaboration with the child's
    family;
        (3) are provided under public supervision;
        (4) are provided at no cost except where a schedule of
    sliding scale fees or other system of payments by families
    has been adopted in accordance with State and federal law;
        (5) are designed to meet an infant's or toddler's
    developmental needs in any of the following areas:
            (A) physical development, including vision and
        hearing,
            (B) cognitive development,
            (C) communication development,
            (D) social or emotional development, or
            (E) adaptive development;
        (6) meet the standards of the State, including the
    requirements of this Act;
        (7) include one or more of the following:
            (A) family training,
            (B) social work services, including counseling,
        and home visits,
            (C) special instruction,
            (D) speech, language pathology and audiology,
            (E) occupational therapy,
            (F) physical therapy,
            (G) psychological services,
            (H) service coordination services,
            (I) medical services only for diagnostic or
        evaluation purposes,
            (J) early identification, screening, and
        assessment services,
            (K) health services specified by the lead agency
        as necessary to enable the infant or toddler to
        benefit from the other early intervention services,
            (L) vision services,
            (M) transportation,
            (N) assistive technology devices and services,
            (O) nursing services,
            (P) nutrition services, and
            (Q) sign language and cued language services;
        (8) are provided by qualified personnel, including but
    not limited to:
            (A) child development specialists or special
        educators, including teachers of children with hearing
        impairments (including deafness) and teachers of
        children with vision impairments (including
        blindness),
            (B) speech and language pathologists and
        audiologists,
            (C) occupational therapists,
            (D) physical therapists,
            (E) social workers,
            (F) nurses,
            (G) dietitian nutritionists,
            (H) vision specialists, including ophthalmologists
        and optometrists,
            (I) psychologists, and
            (J) physicians;
        (9) are provided in conformity with an Individualized
    Family Service Plan;
        (10) are provided throughout the year; and
        (11) are provided in natural environments, to the
    maximum extent appropriate, which may include the home and
    community settings, unless justification is provided
    consistent with federal regulations adopted under Sections
    1431 through 1444 of Title 20 of the United States Code.
    (f) "Individualized Family Service Plan" or "Plan" means a
written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 11.
    (g) "Local interagency agreement" means an agreement
entered into by local community and State and regional
agencies receiving early intervention funds directly from the
State and made in accordance with State interagency agreements
providing for the delivery of early intervention services
within a local community area.
    (h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 4.
    (i) "Lead agency" means the State agency responsible for
administering this Act and receiving and disbursing public
funds received in accordance with State and federal law and
rules.
    (i-5) "Central billing office" means the central billing
office created by the lead agency under Section 13.
    (j) "Child find" means a service which identifies eligible
infants and toddlers.
    (k) "Regional intake entity" means the lead agency's
designated entity responsible for implementation of the Early
Intervention Services System within its designated geographic
area.
    (l) "Early intervention provider" means an individual who
is qualified, as defined by the lead agency, to provide one or
more types of early intervention services, and who has
enrolled as a provider in the early intervention program.
    (m) "Fully credentialed early intervention provider" means
an individual who has met the standards in the State
applicable to the relevant profession, and has met such other
qualifications as the lead agency has determined are suitable
for personnel providing early intervention services, including
pediatric experience, education, and continuing education. The
lead agency shall establish these qualifications by rule filed
no later than 180 days after the effective date of this
amendatory Act of the 92nd General Assembly.
    (n) "Telehealth" has the meaning given to that term in
Section 5 of the Telehealth Act.
(Source: P.A. 101-10, eff. 6-5-19; 102-104, eff. 7-22-21.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 5 takes effect on July 1,
2023.

Effective Date: 5/27/2022