State of Illinois
2017 and 2018


Introduced , by Rep. Litesa E. Wallace


305 ILCS 5/9A-11  from Ch. 23, par. 9A-11

    Amends the Illinois Public Aid Code. In provisions concerning the child care assistance program, provides that a family's eligibility for child care services shall be redetermined no sooner than 12 months following the initial determination or most recent redetermination. Provides that 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 as working or attending a job training or educational program. Effective October 1, 2018.

LRB100 19854 KTG 35131 b






HB4965LRB100 19854 KTG 35131 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 9A-11 as follows:
6    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
7    Sec. 9A-11. Child care.
8    (a) The General Assembly recognizes that families with
9children need child care in order to work. Child care is
10expensive and families with low incomes, including those who
11are transitioning from welfare to work, often struggle to pay
12the costs of day care. The General Assembly understands the
13importance of helping low income working families become and
14remain self-sufficient. The General Assembly also believes
15that it is the responsibility of families to share in the costs
16of child care. It is also the preference of the General
17Assembly that all working poor families should be treated
18equally, regardless of their welfare status.
19    (b) To the extent resources permit, the Illinois Department
20shall provide child care services to parents or other relatives
21as defined by rule who are working or participating in
22employment or Department approved education or training
23programs. At a minimum, the Illinois Department shall cover the



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1following categories of families:
2        (1) recipients of TANF under Article IV participating
3    in work and training activities as specified in the
4    personal plan for employment and self-sufficiency;
5        (2) families transitioning from TANF to work;
6        (3) families at risk of becoming recipients of TANF;
7        (4) families with special needs as defined by rule;
8        (5) working families with very low incomes as defined
9    by rule; and
10        (6) families that are not recipients of TANF and that
11    need child care assistance to participate in education and
12    training activities.
13    The Department shall specify by rule the conditions of
14eligibility, the application process, and the types, amounts,
15and duration of services. Eligibility for child care benefits
16and the amount of child care provided may vary based on family
17size, income, and other factors as specified by rule.
18    A family's eligibility for child care services shall be
19redetermined no sooner than 12 months following the initial
20determination or most recent redetermination. During the
2112-month periods, the family shall remain eligible for child
22care services regardless of (i) a change in family income,
23unless family income exceeds 85% of State median income, or
24(ii) a temporary change in the ongoing status of the parents or
25other relatives, as defined by rule, as working or attending a
26job training or educational program.



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1    In determining income eligibility for child care benefits,
2the Department annually, at the beginning of each fiscal year,
3shall establish, by rule, one income threshold for each family
4size, in relation to percentage of State median income for a
5family of that size, that makes families with incomes below the
6specified threshold eligible for assistance and families with
7incomes above the specified threshold ineligible for
8assistance. Through and including fiscal year 2007, the
9specified threshold must be no less than 50% of the
10then-current State median income for each family size.
11Beginning in fiscal year 2008, the specified threshold must be
12no less than 185% of the then-current federal poverty level for
13each family size.
14    In determining eligibility for assistance, the Department
15shall not give preference to any category of recipients or give
16preference to individuals based on their receipt of benefits
17under this Code.
18    Nothing in this Section shall be construed as conferring
19entitlement status to eligible families.
20    The Illinois Department is authorized to lower income
21eligibility ceilings, raise parent co-payments, create waiting
22lists, or take such other actions during a fiscal year as are
23necessary to ensure that child care benefits paid under this
24Article do not exceed the amounts appropriated for those child
25care benefits. These changes may be accomplished by emergency
26rule under Section 5-45 of the Illinois Administrative



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1Procedure Act, except that the limitation on the number of
2emergency rules that may be adopted in a 24-month period shall
3not apply.
4    The Illinois Department may contract with other State
5agencies or child care organizations for the administration of
6child care services.
7    (c) Payment shall be made for child care that otherwise
8meets the requirements of this Section and applicable standards
9of State and local law and regulation, including any
10requirements the Illinois Department promulgates by rule in
11addition to the licensure requirements promulgated by the
12Department of Children and Family Services and Fire Prevention
13and Safety requirements promulgated by the Office of the State
14Fire Marshal and is provided in any of the following:
15        (1) a child care center which is licensed or exempt
16    from licensure pursuant to Section 2.09 of the Child Care
17    Act of 1969;
18        (2) a licensed child care home or home exempt from
19    licensing;
20        (3) a licensed group child care home;
21        (4) other types of child care, including child care
22    provided by relatives or persons living in the same home as
23    the child, as determined by the Illinois Department by
24    rule.
25    (c-5) Solely for the purposes of coverage under the
26Illinois Public Labor Relations Act, child and day care home



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1providers, including licensed and license exempt,
2participating in the Department's child care assistance
3program shall be considered to be public employees and the
4State of Illinois shall be considered to be their employer as
5of the effective date of this amendatory Act of the 94th
6General Assembly, but not before. The State shall engage in
7collective bargaining with an exclusive representative of
8child and day care home providers participating in the child
9care assistance program concerning their terms and conditions
10of employment that are within the State's control. Nothing in
11this subsection shall be understood to limit the right of
12families receiving services defined in this Section to select
13child and day care home providers or supervise them within the
14limits of this Section. The State shall not be considered to be
15the employer of child and day care home providers for any
16purposes not specifically provided in this amendatory Act of
17the 94th General Assembly, including but not limited to,
18purposes of vicarious liability in tort and purposes of
19statutory retirement or health insurance benefits. Child and
20day care home providers shall not be covered by the State
21Employees Group Insurance Act of 1971.
22    In according child and day care home providers and their
23selected representative rights under the Illinois Public Labor
24Relations Act, the State intends that the State action
25exemption to application of federal and State antitrust laws be
26fully available to the extent that their activities are



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1authorized by this amendatory Act of the 94th General Assembly.
2    (d) The Illinois Department shall establish, by rule, a
3co-payment scale that provides for cost sharing by families
4that receive child care services, including parents whose only
5income is from assistance under this Code. The co-payment shall
6be based on family income and family size and may be based on
7other factors as appropriate. Co-payments may be waived for
8families whose incomes are at or below the federal poverty
10    (d-5) The Illinois Department, in consultation with its
11Child Care and Development Advisory Council, shall develop a
12plan to revise the child care assistance program's co-payment
13scale. The plan shall be completed no later than February 1,
142008, and shall include:
15        (1) findings as to the percentage of income that the
16    average American family spends on child care and the
17    relative amounts that low-income families and the average
18    American family spend on other necessities of life;
19        (2) recommendations for revising the child care
20    co-payment scale to assure that families receiving child
21    care services from the Department are paying no more than
22    they can reasonably afford;
23        (3) recommendations for revising the child care
24    co-payment scale to provide at-risk children with complete
25    access to Preschool for All and Head Start; and
26        (4) recommendations for changes in child care program



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1    policies that affect the affordability of child care.
2    (e) (Blank).
3    (f) The Illinois Department shall, by rule, set rates to be
4paid for the various types of child care. Child care may be
5provided through one of the following methods:
6        (1) arranging the child care through eligible
7    providers by use of purchase of service contracts or
8    vouchers;
9        (2) arranging with other agencies and community
10    volunteer groups for non-reimbursed child care;
11        (3) (blank); or
12        (4) adopting such other arrangements as the Department
13    determines appropriate.
14    (f-5) (Blank).
15    (g) Families eligible for assistance under this Section
16shall be given the following options:
17        (1) receiving a child care certificate issued by the
18    Department or a subcontractor of the Department that may be
19    used by the parents as payment for child care and
20    development services only; or
21        (2) if space is available, enrolling the child with a
22    child care provider that has a purchase of service contract
23    with the Department or a subcontractor of the Department
24    for the provision of child care and development services.
25    The Department may identify particular priority
26    populations for whom they may request special



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1    consideration by a provider with purchase of service
2    contracts, provided that the providers shall be permitted
3    to maintain a balance of clients in terms of household
4    incomes and families and children with special needs, as
5    defined by rule.
6(Source: P.A. 100-387, eff. 8-25-17.)
7    Section 99. Effective date. This Act takes effect October
81, 2018.