[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_HB2217sam001
LRB9104865DJcdam
1 AMENDMENT TO HOUSE BILL 2217
2 AMENDMENT NO. . Amend House Bill 2217 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by changing
5 Section 9A-11."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 changing Section 9A-11 as follows:
10 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
11 Sec. 9A-11. Child Care.
12 (a) The General Assembly recognizes that families with
13 children need child care in order to work. Child care is
14 expensive and families with low incomes, including those who
15 are transitioning from welfare to work, often struggle to pay
16 the costs of day care. The General Assembly understands the
17 importance of helping low income working families become and
18 remain self-sufficient. The General Assembly also believes
19 that it is the responsibility of families to share in the
20 costs of child care. It is also the preference of the
-2- LRB9104865DJcdam
1 General Assembly that all working poor families should be
2 treated equally, regardless of their welfare status.
3 (b) To the extent resources permit, the Illinois
4 Department shall provide child care services to parents or
5 other relatives as defined by rule who are working or
6 participating in employment or Department approved education
7 or training programs. At a minimum, the Illinois Department
8 shall cover the following categories of families:
9 (1) recipients of TANF under Article IV
10 participating in work and training activities as
11 specified in the personal plan for employment and
12 self-sufficiency;
13 (2) families transitioning from TANF to work;
14 (3) families at risk of becoming recipients of
15 TANF;
16 (4) families with special needs as defined by rule;
17 and
18 (5) working families with very low incomes as
19 defined by rule.
20 The Department shall specify by rule the conditions of
21 eligibility, the application process, and the types, amounts,
22 and duration of services. Eligibility for child care
23 benefits and the amount of child care provided may vary based
24 on family size, income, and other factors as specified by
25 rule. In determining income eligibility for child care
26 benefits, the Department shall establish, by rule, one income
27 threshold for each family size, in relation to percentage of
28 State median income for a family of that size, that makes
29 families with incomes below the specified threshold eligible
30 for assistance and families with incomes above the specified
31 threshold ineligible for assistance. In determining
32 eligibility for assistance, the Department shall not give
33 preference to any category of recipients or give preference
34 to individuals based on their receipt of benefits under this
-3- LRB9104865DJcdam
1 Code. The Department shall allocate $7,500,000 annually for a
2 test program for families who are income-eligible for child
3 care assistance, who are not recipients of TANF under Article
4 IV, and who need child care assistance to participate in
5 education and training activities. The Department shall
6 specify by rule the conditions of eligibility for this test
7 program. It is the intent of the General Assembly that, for
8 fiscal year 1998, to the extent resources permit, the
9 Department shall establish an income eligibility threshold of
10 50% of the State median income. Notwithstanding the income
11 level at which families become eligible to receive child care
12 assistance, any family that is already receiving child care
13 assistance on the effective date of this amendatory Act of
14 1997 shall remain eligible for assistance for fiscal year
15 1998. Nothing in this Section shall be construed as
16 conferring entitlement status to eligible families. The
17 Illinois Department is authorized to lower income eligibility
18 ceilings, raise parent co-payments, create waiting lists, or
19 take such other actions during a fiscal year as are necessary
20 to ensure that child care benefits paid under this Article do
21 not exceed the amounts appropriated for those child care
22 benefits. These changes may be accomplished by emergency
23 rule under Section 5-45 of the Illinois Administrative
24 Procedure Act, except that the limitation on the number of
25 emergency rules that may be adopted in a 24-month period
26 shall not apply. The Illinois Department may contract with
27 other State agencies or child care organizations for the
28 administration of child care services.
29 (c) Payment shall be made for child care that otherwise
30 meets the requirements of this Section and applicable
31 standards of State and local law and regulation, including
32 any requirements the Illinois Department promulgates by rule
33 in addition to the licensure requirements promulgated by the
34 Department of Children and Family Services and Fire
-4- LRB9104865DJcdam
1 Prevention and Safety requirements promulgated by the Office
2 of the State Fire Marshal and is provided in any of the
3 following:
4 (1) a child care center which is licensed or exempt
5 from licensure pursuant to Section 2.09 of the Child Care
6 Act of 1969;
7 (2) a licensed child care home or home exempt from
8 licensing;
9 (3) a licensed group child care home;
10 (4) other types of child care, including child care
11 provided by relatives or persons living in the same home
12 as the child, as determined by the Illinois Department by
13 rule.
14 (d) The Illinois Department shall, by rule, require
15 co-payments for child care services by any parent, including
16 parents whose only income is from assistance under this Code.
17 The co-payment shall be assessed based on a sliding scale
18 based on family income, family size, and the number of
19 children in care.
20 (e) The Illinois Department shall conduct a market rate
21 survey based on the cost of care and other relevant factors
22 which shall be completed by July 1, 1998.
23 (f) The Illinois Department shall, by rule, set rates to
24 be paid for the various types of child care. Child care may
25 be provided through one of the following methods:
26 (1) arranging the child care through eligible
27 providers by use of purchase of service contracts or
28 vouchers;
29 (2) arranging with other agencies and community
30 volunteer groups for non-reimbursed child care;
31 (3) (blank); or
32 (4) adopting such other arrangements as the
33 Department determines appropriate.
34 (g) Families eligible for assistance under this Section
-5- LRB9104865DJcdam
1 shall be given the following options:
2 (1) receiving a child care certificate issued by
3 the Department or a subcontractor of the Department that
4 may be used by the parents as payment for child care and
5 development services only; or
6 (2) if space is available, enrolling the child with
7 a child care provider that has a purchase of service
8 contract with the Department or a subcontractor of the
9 Department for the provision of child care and
10 development services. The Department may identify
11 particular priority populations for whom they may request
12 special consideration by a provider with purchase of
13 service contracts, provided that the providers shall be
14 permitted to maintain a balance of clients in terms of
15 household incomes and families and children with special
16 needs, as defined by rule.
17 (Source: P.A. 90-17, eff. 7-1-97.)".