Rep. Joyce Mason

Filed: 3/27/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 545

2    AMENDMENT NO. ______. Amend House Bill 545 by replacing
3everything after the enacting clause with the following:
 
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 limited access to economic
11resources, including those who are transitioning from welfare
12to work, often struggle to pay the costs of day care. The
13General Assembly understands the importance of helping working
14families with limited access to economic resources become and
15remain self-sufficient. The General Assembly also believes
16that it is the responsibility of families to share in the costs

 

 

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1of child care. It is also the preference of the General
2Assembly that all working families with limited access to
3economic resources should be treated equally, regardless of
4their welfare status.
5    (b) To the extent resources permit, the Illinois
6Department shall provide child care services to parents or
7other relatives as defined by rule who are working or
8participating in employment or Department approved education
9or training programs. At a minimum, the Illinois Department
10shall cover the following categories of families:
11        (1) recipients of TANF under Article IV participating
12    in work and training activities as specified in the
13    personal plan for employment and self-sufficiency;
14        (2) families transitioning from TANF to work;
15        (3) families at risk of becoming recipients of TANF;
16        (4) families with special needs as defined by rule;
17        (5) working families with very low incomes as defined
18    by rule;
19        (6) families that are not recipients of TANF and that
20    need child care assistance to participate in education and
21    training activities;
22        (7) youth in care, as defined in Section 4d of the
23    Children and Family Services Act, who are parents,
24    regardless of income or whether they are working or
25    participating in Department-approved employment or
26    education or training programs. Any family that receives

 

 

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1    child care assistance in accordance with this paragraph
2    shall receive one additional 12-month child care
3    eligibility period after the parenting youth in care's
4    case with the Department of Children and Family Services
5    is closed, regardless of income or whether the parenting
6    youth in care is working or participating in
7    Department-approved employment or education or training
8    programs;
9        (8) families receiving Extended Family Support Program
10    services from the Department of Children and Family
11    Services, regardless of income or whether they are working
12    or participating in Department-approved employment or
13    education or training programs; and
14        (9) families with children under the age of 5 who have
15    an open intact family services case with the Department of
16    Children and Family Services. Any family that receives
17    child care assistance in accordance with this paragraph
18    shall remain eligible for child care assistance 6 months
19    after the child's intact family services case is closed,
20    regardless of whether the child's parents or other
21    relatives as defined by rule are working or participating
22    in Department approved employment or education or training
23    programs. The Department of Human Services, in
24    consultation with the Department of Children and Family
25    Services, shall adopt rules to protect the privacy of
26    families who are the subject of an open intact family

 

 

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1    services case when such families enroll in child care
2    services. Additional rules shall be adopted to offer
3    children who have an open intact family services case the
4    opportunity to receive an Early Intervention screening and
5    other services that their families may be eligible for as
6    provided by the Department of Human Services.
7    Beginning October 1, 2023, and every October 1 thereafter,
8the Department of Children and Family Services shall report to
9the General Assembly on the number of children who received
10child care via vouchers paid for by the Department of Children
11and Family Services during the preceding fiscal year. The
12report shall include the ages of children who received child
13care, the type of child care they received, and the number of
14months they received child care.
15    The Department shall specify by rule the conditions of
16eligibility, the application process, and the types, amounts,
17and duration of services. Eligibility for child care benefits
18and the amount of child care provided may vary based on family
19size, income, and other factors as specified by rule.
20    The Department shall update the Child Care Assistance
21Program Eligibility Calculator posted on its website to
22include a question on whether a family is applying for child
23care assistance for the first time or is applying for a
24redetermination of eligibility.
25    A family's eligibility for child care services shall be
26redetermined no sooner than 12 months following the initial

 

 

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1determination or most recent redetermination. During the
212-month periods, the family shall remain eligible for child
3care services regardless of (i) a change in family income,
4unless family income exceeds 85% of State median income, or
5(ii) a temporary change in the ongoing status of the parents or
6other relatives, as defined by rule, as working or attending a
7job training or educational program.
8    In determining income eligibility for child care benefits,
9the Department annually, at the beginning of each fiscal year,
10shall establish, by rule, one income threshold for each family
11size, in relation to percentage of State median income for a
12family of that size, that makes families with incomes below
13the specified threshold eligible for assistance and families
14with incomes above the specified threshold ineligible for
15assistance. Through and including fiscal year 2007, the
16specified threshold must be no less than 50% of the
17then-current State median income for each family size.
18Beginning in fiscal year 2008, the specified threshold must be
19no less than 185% of the then-current federal poverty level
20for each family size. Notwithstanding any other provision of
21law or administrative rule to the contrary, beginning in
22fiscal year 2019, the specified threshold for working families
23with very low incomes as defined by rule must be no less than
24185% of the then-current federal poverty level for each family
25size. Notwithstanding any other provision of law or
26administrative rule to the contrary, beginning in State fiscal

 

 

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1year 2022 through State fiscal year 2023, the specified income
2threshold shall be no less than 200% of the then-current
3federal poverty level for each family size. Beginning in State
4fiscal year 2024, the specified income threshold shall be no
5less than 225% of the then-current federal poverty level for
6each family size.
7    In determining eligibility for assistance, the Department
8shall not give preference to any category of recipients or
9give preference to individuals based on their receipt of
10benefits under this Code.
11    Nothing in this Section shall be construed as conferring
12entitlement status to eligible families.
13    The Illinois Department is authorized to lower income
14eligibility ceilings, raise parent co-payments, create waiting
15lists, or take such other actions during a fiscal year as are
16necessary to ensure that child care benefits paid under this
17Article do not exceed the amounts appropriated for those child
18care benefits. These changes may be accomplished by emergency
19rule under Section 5-45 of the Illinois Administrative
20Procedure Act, except that the limitation on the number of
21emergency rules that may be adopted in a 24-month period shall
22not apply.
23    The Illinois Department may contract with other State
24agencies or child care organizations for the administration of
25child care services.
26    (c) Payment shall be made for child care that otherwise

 

 

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1meets the requirements of this Section and applicable
2standards of State and local law and regulation, including any
3requirements the Illinois Department promulgates by rule in
4addition to the licensure requirements promulgated by the
5Department of Children and Family Services and Fire Prevention
6and Safety requirements promulgated by the Office of the State
7Fire Marshal, and is provided in any of the following:
8        (1) a child care center which is licensed or exempt
9    from licensure pursuant to Section 2.09 of the Child Care
10    Act of 1969;
11        (2) a licensed child care home or home exempt from
12    licensing;
13        (3) a licensed group child care home;
14        (4) other types of child care, including child care
15    provided by relatives or persons living in the same home
16    as the child, as determined by the Illinois Department by
17    rule.
18    (c-5) Solely for the purposes of coverage under the
19Illinois Public Labor Relations Act, child and day care home
20providers, including licensed and license exempt,
21participating in the Department's child care assistance
22program shall be considered to be public employees and the
23State of Illinois shall be considered to be their employer as
24of January 1, 2006 (the effective date of Public Act 94-320),
25but not before. The State shall engage in collective
26bargaining with an exclusive representative of child and day

 

 

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1care home providers participating in the child care assistance
2program concerning their terms and conditions of employment
3that are within the State's control. Nothing in this
4subsection shall be understood to limit the right of families
5receiving services defined in this Section to select child and
6day care home providers or supervise them within the limits of
7this Section. The State shall not be considered to be the
8employer of child and day care home providers for any purposes
9not specifically provided in Public Act 94-320, including, but
10not limited to, purposes of vicarious liability in tort and
11purposes of statutory retirement or health insurance benefits.
12Child and day care home providers shall not be covered by the
13State Employees Group Insurance Act of 1971.
14    In according child and day care home providers and their
15selected representative rights under the Illinois Public Labor
16Relations Act, the State intends that the State action
17exemption to application of federal and State antitrust laws
18be fully available to the extent that their activities are
19authorized by Public Act 94-320.
20    (d) The Illinois Department shall establish, by rule, a
21co-payment scale that provides for cost sharing by families
22that receive child care services, including parents whose only
23income is from assistance under this Code. The co-payment
24shall be based on family income and family size and may be
25based on other factors as appropriate. Co-payments may be
26waived for families whose incomes are at or below the federal

 

 

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1poverty level.
2    (d-5) The Illinois Department, in consultation with its
3Child Care and Development Advisory Council, shall develop a
4plan to revise the child care assistance program's co-payment
5scale. The plan shall be completed no later than February 1,
62008, and shall include:
7        (1) findings as to the percentage of income that the
8    average American family spends on child care and the
9    relative amounts that low-income families and the average
10    American family spend on other necessities of life;
11        (2) recommendations for revising the child care
12    co-payment scale to assure that families receiving child
13    care services from the Department are paying no more than
14    they can reasonably afford;
15        (3) recommendations for revising the child care
16    co-payment scale to provide at-risk children with complete
17    access to Preschool for All and Head Start; and
18        (4) recommendations for changes in child care program
19    policies that affect the affordability of child care.
20    (e) (Blank).
21    (f) The Illinois Department shall, by rule, set rates to
22be paid for the various types of child care. Child care may be
23provided through one of the following methods:
24        (1) arranging the child care through eligible
25    providers by use of purchase of service contracts or
26    vouchers;

 

 

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1        (2) arranging with other agencies and community
2    volunteer groups for non-reimbursed child care;
3        (3) (blank); or
4        (4) adopting such other arrangements as the Department
5    determines appropriate.
6    (f-1) Within 30 days after June 4, 2018 (the effective
7date of Public Act 100-587), the Department of Human Services
8shall establish rates for child care providers that are no
9less than the rates in effect on January 1, 2018 increased by
104.26%.
11    (f-2) Within 180 days after the effective date of this
12amendatory Act of the 103rd General Assembly, the Department
13of Human Services shall establish add-on rates for child care
14providers participating in the child care assistance program
15to purchase supplemental diapers for children receiving
16assistance. The add-on rates shall be set by rule and shall be
17sufficient to purchase 50 diapers per month per child under
18the age of 3 receiving full-day child care from the provider,
19or 25 diapers per month per child under the age of 3 receiving
20part-day child care from the provider. Child care providers
21participating in the program under a purchase-of-service
22contract with the Department or a subcontractor of the
23Department shall not deny care or program services to any
24child because the child's caregiver is unable to provide
25diapers for the child.
26    (f-5) (Blank).

 

 

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1    (g) Families eligible for assistance under this Section
2shall be given the following options:
3        (1) receiving a child care certificate issued by the
4    Department or a subcontractor of the Department that may
5    be used by the parents as payment for child care and
6    development services only; or
7        (2) if space is available, enrolling the child with a
8    child care provider that has a purchase of service
9    contract with the Department or a subcontractor of the
10    Department for the provision of child care and development
11    services. The Department may identify particular priority
12    populations for whom they may request special
13    consideration by a provider with purchase of service
14    contracts, provided that the providers shall be permitted
15    to maintain a balance of clients in terms of household
16    incomes and families and children with special needs, as
17    defined by rule.
18(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
19102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
 
20    Section 99. Effective date. This Act takes effect July 1,
212024.".