101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2044

 

Introduced , by Rep. Maurice A. West II

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/9A-11  from Ch. 23, par. 9A-11

    Amends the Illinois Public Aid Code. Provides that beginning in State fiscal year 2020, the specified threshold must be no less than 300% of the then current federal poverty level for each family size (rather than 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; and 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). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 low income working families
14become and remain self-sufficient. The General Assembly also
15believes that it is the responsibility of families to share in
16the costs of child care. It is also the preference of the
17General Assembly that all working poor families should be
18treated equally, 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;
10        (6) families that are not recipients of TANF and that
11    need child care assistance to participate in education and
12    training activities; and
13        (7) families with children under the age of 5 who have
14    an open intact family services case with the Department of
15    Children and Family Services. Any family that receives
16    child care assistance in accordance with this paragraph
17    shall remain eligible for child care assistance 6 months
18    after the child's intact family services case is closed,
19    regardless of whether the child's parents or other
20    relatives as defined by rule are working or participating
21    in Department approved employment or education or training
22    programs. The Department of Human Services, in
23    consultation with the Department of Children and Family
24    Services, shall adopt rules to protect the privacy of
25    families who are the subject of an open intact family
26    services case when such families enroll in child care

 

 

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1    services. Additional rules shall be adopted to offer
2    children who have an open intact family services case the
3    opportunity to receive an Early Intervention screening and
4    other services that their families may be eligible for as
5    provided by the Department of Human Services.
6    The Department shall specify by rule the conditions of
7eligibility, the application process, and the types, amounts,
8and duration of services. Eligibility for child care benefits
9and the amount of child care provided may vary based on family
10size, income, and other factors as specified by rule.
11    A family's eligibility for child care services shall be
12redetermined no sooner than 12 months following the initial
13determination or most recent redetermination. During the
1412-month periods, the family shall remain eligible for child
15care services regardless of (i) a change in family income,
16unless family income exceeds 85% of State median income, or
17(ii) a temporary change in the ongoing status of the parents or
18other relatives, as defined by rule, as working or attending a
19job training or educational program.
20    In determining income eligibility for child care benefits,
21the Department annually, at the beginning of each fiscal year,
22shall establish, by rule, one income threshold for each family
23size, in relation to percentage of State median income for a
24family of that size, that makes families with incomes below the
25specified threshold eligible for assistance and families with
26incomes above the specified threshold ineligible for

 

 

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1assistance. Beginning in State fiscal year 2020, the specified
2threshold must be no less than 300% of the then current federal
3poverty level for each family size. Through and including
4fiscal year 2007, the specified threshold must be no less than
550% of the then-current State median income for each family
6size. Beginning in fiscal year 2008, the specified threshold
7must be no less than 185% of the then-current federal poverty
8level for each family size. Notwithstanding any other provision
9of law or administrative rule to the contrary, beginning in
10fiscal year 2019, the specified threshold for working families
11with very low incomes as defined by rule must be no less than
12185% of the then-current federal poverty level for each family
13size.
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 January 1, 2006 (the effective date of Public Act 94-320)
6this amendatory Act of the 94th General Assembly, but not
7before. The State shall engage in collective bargaining with an
8exclusive representative of child and day care home providers
9participating in the child care assistance program concerning
10their terms and conditions of employment that are within the
11State's control. Nothing in this subsection shall be understood
12to limit the right of families receiving services defined in
13this Section to select child and day care home providers or
14supervise them within the limits of this Section. The State
15shall not be considered to be the employer of child and day
16care home providers for any purposes not specifically provided
17in Public Act 94-320 this amendatory Act of the 94th General
18Assembly, including, but not limited to, purposes of vicarious
19liability in tort and purposes of statutory retirement or
20health insurance benefits. Child and day care home providers
21shall not be covered by the State Employees Group Insurance Act
22of 1971.
23    In according child and day care home providers and their
24selected representative rights under the Illinois Public Labor
25Relations Act, the State intends that the State action
26exemption to application of federal and State antitrust laws be

 

 

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1fully available to the extent that their activities are
2authorized by Public Act 94-320 this amendatory Act of the 94th
3General Assembly.
4    (d) The Illinois Department shall establish, by rule, a
5co-payment scale that provides for cost sharing by families
6that receive child care services, including parents whose only
7income is from assistance under this Code. The co-payment shall
8be based on family income and family size and may be based on
9other factors as appropriate. Co-payments may be waived for
10families whose incomes are at or below the federal poverty
11level.
12    (d-5) The Illinois Department, in consultation with its
13Child Care and Development Advisory Council, shall develop a
14plan to revise the child care assistance program's co-payment
15scale. The plan shall be completed no later than February 1,
162008, and shall include:
17        (1) findings as to the percentage of income that the
18    average American family spends on child care and the
19    relative amounts that low-income families and the average
20    American family spend on other necessities of life;
21        (2) recommendations for revising the child care
22    co-payment scale to assure that families receiving child
23    care services from the Department are paying no more than
24    they can reasonably afford;
25        (3) recommendations for revising the child care
26    co-payment scale to provide at-risk children with complete

 

 

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1    access to Preschool for All and Head Start; and
2        (4) recommendations for changes in child care program
3    policies that affect the affordability of child care.
4    (e) (Blank).
5    (f) The Illinois Department shall, by rule, set rates to be
6paid for the various types of child care. Child care may be
7provided through one of the following methods:
8        (1) arranging the child care through eligible
9    providers by use of purchase of service contracts or
10    vouchers;
11        (2) arranging with other agencies and community
12    volunteer groups for non-reimbursed child care;
13        (3) (blank); or
14        (4) adopting such other arrangements as the Department
15    determines appropriate.
16    (f-1) Within 30 days after June 4, 2018 (the effective date
17of Public Act 100-587) this amendatory Act of the 100th General
18Assembly, the Department of Human Services shall establish
19rates for child care providers that are no less than the rates
20in effect on January 1, 2018 increased by 4.26%.
21    (f-5) (Blank).
22    (g) Families eligible for assistance under this Section
23shall be given the following options:
24        (1) receiving a child care certificate issued by the
25    Department or a subcontractor of the Department that may be
26    used by the parents as payment for child care and

 

 

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1    development services only; or
2        (2) if space is available, enrolling the child with a
3    child care provider that has a purchase of service contract
4    with the Department or a subcontractor of the Department
5    for the provision of child care and development services.
6    The Department may identify particular priority
7    populations for whom they may request special
8    consideration by a provider with purchase of service
9    contracts, provided that the providers shall be permitted
10    to maintain a balance of clients in terms of household
11    incomes and families and children with special needs, as
12    defined by rule.
13(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
14100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
158-17-18; revised 10-9-18.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.