State of Illinois
91st General Assembly
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Public Act 91-0509

HB2217 Enrolled                                LRB9104865DJcb

    AN ACT to amend the Illinois Public Aid Code by  changing
Section 9A-11.

    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 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.    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.
    (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.)

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