Section 50.230  Child Care Eligibility

a)         Child care services are restricted to children under age 13 and to children under age 19 who are under court supervision or have physical or mental incapacities as documented by a statement from a local health provider or other health professional.

b)         Parents and other relatives eligible to receive child care services include:

1)         Recipients of Temporary Assistance for Needy Families (TANF) under Article IV of the Public Aid Code participating in work and training activities as specified in their personal plans for employment and self-sufficiency who have been approved for child care benefits by the Department and who meet the monthly income ceilings in subsection (b)(2) of this Section.

2)         Working families, including teen parents while they attend school to obtain a high school degree or its equivalent, whose monthly incomes do not exceed the following amounts by family size:

The above income eligibility guidelines are set at 200% of the most current federal poverty level for each family size.  The above income guidelines will be indexed annually so that the thresholds are no less than 185% of the most current federal poverty level for each family size.

3)         Families who do not receive TANF and need child care services in order to attend school or training (up to and including the acquisition of the first Associate's Degree and/or the first  Bachelor's Degree) whose monthly income does not exceed the monthly income ceilings in subsection (b)(2) of this Section.  Child care services approved under this Part must be reasonably related to the education or training activity, including class hours and research, study, laboratory, library and transportation time, and unpaid educationally required work activities such as student teaching, an internship, a clinical, a practicum or an apprenticeship.  If a parent is claimed as a dependent by another person for federal income tax purposes, that parent is only eligible if his or her income, when added to the income of the other person, does not exceed the monthly income ceiling in subsection (b)(2) of this Section for that family size.  All education programs under this Part must be administered by an educational institution accredited under requirements of State law, including, but not limited to, the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 [225 ILCS 410], the Real Estate Act of 2000 [225 ILCS 454], the Public Community College Act [110 ILCS 805], the University of Illinois Act [110 ILCS 305], the Chicago State University Law [110 ILCS 660], the Eastern Illinois University Law [110 ILCS 665], the Governors State University Law [110 ILCS 670], the Illinois State University Law [110 ILCS 675], the Northeastern Illinois University Law [110 ILCS 680], the Northern Illinois University Law [110 ILCS 685], the Western Illinois University Law [110 ILCS 690], or the Department of Financial and Professional Regulation.

A)        Below Post-Secondary Education Eligibility and Participation Requirements 

This category of education includes literacy and other adult basic education, English as a Second Language, and GED preparation programs.  There is no work requirement for the first 24 non-consecutive months the client participates.  From the 25^th month on, the client must work at least 20 hours per week.  Child care provided to a teen parent to obtain a high school diploma or its equivalent does not count against this 24-month limit.  Individuals enrolled in below post-secondary education must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress.  The individual will be allowed one semester below a "C" average to bring the grades up to a "C" average.  When grades are not used, progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term.  The determination of satisfactory progress must be reported upon completion of the academic term or twice a year if the program is continuous for 12 months.

B)        Vocational Education Eligibility and Participation Requirements

This category of education prepares the individual for a specific job, and includes all programs that prepare the client for a specific type of work.  The program may be offered by a public community college, public or private university, or private business/technical school.  The program usually results in the receipt of a Certificate of Achievement or Completion and/or prepares the client for a specific job or to obtain a license required by some occupations.  There is no work requirement for the first 24 non-consecutive months the client participates.  From the 25^th month on, the client must work at least 20 hours per week.  Individuals enrolled in vocational education must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress.  The individual will be allowed one semester below a "C" average to bring the grades up to a "C" average.  When grades are not used, progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term.  The determination of satisfactory progress must be reported upon completion of the academic term or twice a year if the program is continuous for 12 months.

C)        Post-Secondary Education

This category of education includes all undergraduate college level courses that result in an Associate's or Bachelor's Degree.  Families eligible to receive child care services while they attend an education or training program under this Section must:

i)          be enrolled in a program accredited under requirements of State law as stated in subsection (b)(3) of this Section.

ii)         not already have an Associate's or Bachelor's Degree, if requesting child care to earn an Associate's Degree.  Child care will not be approved for attainment of a second Associate's Degree.

iii)         not already have a Bachelor's Degree, if requesting child care to earn a Bachelor's Degree.  Child care will not be approved for attainment of a second Bachelor's Degree.

iv)        not be in an advanced degree program (beyond a Bachelor's Degree).  Child care will not be approved for education beyond the attainment of a Bachelor's Degree.

There is no work requirement for the first 48 non-consecutive months the client participates.  From the 49^th month on, the client must work at least 20 hours per week.  Clients who do not work and who need child care to attend college must maintain a cumulative 2.5 grade point average (on a 4.0 scale) if this measurement is used by the institution to determine satisfactory progress.  Clients who work 20 hours or more per week in paid employment while they attend college must maintain a cumulative 2.0 GPA (on a 4.0 scale).  In the absence of a GPA, satisfactory progress will be determined by the written policy of the institution.  The determination of satisfactory progress, including test/retest results or GPA, must be reported upon completion of the academic term or twice a year if the program is continuous for 12 months.  If the client's cumulative GPA falls below 2.5 or 2.0 for those students who work or at any time the client does not maintain satisfactory progress, the client may continue to go to school for another semester.  If the cumulative GPA is below 2.5 or 2.0 two semesters in a row, the client will be ineligible for child care until his or her GPA is at or above 2.5 or 2.0.

D)        For child care services received under education/training, a parent enrolled in web-based courses or correspondence learning from an accredited university or college is only eligible for child care assistance if both of the following are met:

i)          The class is offered only at a regularly scheduled time (i.e., 11:00 a.m. every Monday and Wednesday) or the parent must leave the home to have access to a computer.  Web-based classes that the parent may take at any time do not fit this criteria.

ii)         The child or children for whom care is requested must be under the age of six, except during the summer or school breaks.  Care shall not be authorized during the hours the child is in school or is home schooled, or if the child is in a two-parent family when the other parent is available to care for the child.

E)         Study Time

Child care services may be granted for up to one hour of study time per week for each hour of course credit.  When possible, study periods should be arranged around regularly scheduled classes in order to provide a consistent and uninterrupted routine for children in care.  Study time shall not be granted to add additional days of care.

4)         Relatives (other than parents) who receive child-only TANF or General Assistance (GA) benefits as Representative Payee for children in need of care while they work outside the home.

c)         All families must be residents of Illinois.

d)         Payment for child care services to eligible parents may begin:

1)         if care was provided at the time and all eligibility factors are met, on either:

A)        the date of the parent's signature; or

B)        one week (seven calendar days) prior to the stamped date of receipt by the Department or its agents, whichever is later; or

2)         on the date the child care provider actually begins providing child care services, if the application is received in advance of services being provided and all eligibility factors are met.

e)         Eligibility ceases 10 calendar days from the date of the termination notice sent to the parent by the Department or its agents following a determination of ineligibility.

(Source:  Amended at 32 Ill. Reg. 14742, effective August 28, 2008)