093_HB0294eng

 
HB0294 Engrossed                     LRB093 03766 DRJ 03801 b

 1        AN ACT in relation to public aid.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Public Aid Code is amended by
 5    changing 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
 9    children  need  child  care  in order to work.  Child care is
10    expensive and families with low incomes, including those  who
11    are transitioning from welfare to work, often struggle to pay
12    the  costs of day care.  The General Assembly understands the
13    importance of helping low income working families become  and
14    remain  self-sufficient.   The General Assembly also believes
15    that it is the responsibility of families  to  share  in  the
16    costs  of  child  care.    It  is  also the preference of the
17    General Assembly that all working  poor  families  should  be
18    treated equally, regardless of their welfare status.
19        (b)  To   the   extent  resources  permit,  the  Illinois
20    Department shall provide child care services  to  parents  or
21    other  relatives  as  defined  by  rule  who  are  working or
22    participating in employment or Department approved  education
23    or  training programs.  At a minimum, the Illinois Department
24    shall cover the following categories of families:
25             (1)  recipients   of   TANF   under    Article    IV
26        participating   in   work   and  training  activities  as
27        specified  in  the  personal  plan  for  employment   and
28        self-sufficiency;
29             (2)  families transitioning from TANF to work;
30             (3)  families  at  risk  of  becoming  recipients of
31        TANF;
 
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 1             (4)  families with special needs as defined by rule;
 2        and
 3             (5)  working  families  with  very  low  incomes  as
 4        defined by rule.
 5        The Department shall specify by rule  the  conditions  of
 6    eligibility, the application process, and the types, amounts,
 7    and  duration  of  services.    Eligibility  for  child  care
 8    benefits and the amount of child care provided may vary based
 9    on  family  size,  income,  and other factors as specified by
10    rule.
11        In  determining  income  eligibility   for   child   care
12    benefits,  the  Department annually, at the beginning of each
13    fiscal year, shall establish, by rule, one  income  threshold
14    for  each  family  size,  in  relation to percentage of State
15    median income for a family of that size, that makes  families
16    with  incomes  below  the  specified  threshold  eligible for
17    assistance and families  with  incomes  above  the  specified
18    threshold ineligible for assistance.  The specified threshold
19    must  be  no  less  than 50% of the then-current State median
20    income for each family size.
21        In determining eligibility for assistance, the Department
22    shall not give preference to any category  of  recipients  or
23    give  preference  to  individuals  based  on their receipt of
24    benefits under this Code.
25        The Department shall allocate $7,500,000 annually  for  a
26    test  program  for families who are income-eligible for child
27    care assistance, who are not recipients of TANF under Article
28    IV, and who need child  care  assistance  to  participate  in
29    education  and  training  activities.   The  Department shall
30    specify by rule the conditions of eligibility for  this  test
31    program.  It  is the intent of the General Assembly that, for
32    fiscal  year  1998,  to  the  extent  resources  permit,  the
33    Department shall establish an income eligibility threshold of
34    50% of the State median income.  Notwithstanding  the  income
 
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 1    level at which families become eligible to receive child care
 2    assistance,  any  family that is already receiving child care
 3    assistance on the effective date of this  amendatory  Act  of
 4    1997  shall  remain  eligible  for assistance for fiscal year
 5    1998.
 6        Nothing in this Section shall be construed as  conferring
 7    entitlement status to eligible families.
 8        The  Illinois  Department  is  authorized to lower income
 9    eligibility  ceilings,  raise  parent   co-payments,   create
10    waiting  lists,  or  take  such other actions during a fiscal
11    year as are necessary to ensure that child care benefits paid
12    under this Article do not exceed the amounts appropriated for
13    those child care benefits.  These changes may be accomplished
14    by  emergency  rule  under  Section  5-45  of  the   Illinois
15    Administrative  Procedure  Act, except that the limitation on
16    the number of emergency  rules  that  may  be  adopted  in  a
17    24-month period shall not apply.
18        The  Illinois  Department  may  contract with other State
19    agencies or child care organizations for  the  administration
20    of child care services.
21        (c)  Payment  shall be made for child care that otherwise
22    meets  the  requirements  of  this  Section  and   applicable
23    standards  of  State  and local law and regulation, including
24    any requirements the Illinois Department promulgates by  rule
25    in  addition to the licensure requirements promulgated by the
26    Department  of  Children  and  Family   Services   and   Fire
27    Prevention  and Safety requirements promulgated by the Office
28    of the State Fire Marshal and  is  provided  in  any  of  the
29    following:
30             (1)  a child care center which is licensed or exempt
31        from licensure pursuant to Section 2.09 of the Child Care
32        Act of 1969;
33             (2)  a  licensed child care home or home exempt from
34        licensing;
 
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 1             (3)  a licensed group child care home;
 2             (4)  other types of child care, including child care
 3        provided by relatives or persons living in the same  home
 4        as the child, as determined by the Illinois Department by
 5        rule.
 6        (d)  The  Illinois  Department  shall,  by  rule, require
 7    co-payments for child care services by any parent,  including
 8    parents whose only income is from assistance under this Code.
 9    The  co-payment  shall  be  assessed based on a sliding scale
10    based on family  income,  family  size,  and  the  number  of
11    children in care.
12        (d-5)  In   determining  a  family's  income  under  this
13    Section, the Department of Human Services shall disregard 10%
14    of the family's gross wages and salary.
15        (e)  The Illinois Department shall conduct a market  rate
16    survey  based  on the cost of care and other relevant factors
17    which shall be completed by July 1, 1998.
18        (f)  The Illinois Department shall, by rule, set rates to
19    be paid for the various types of child care. Child  care  may
20    be provided through one of the following methods:
21             (1)  arranging   the  child  care  through  eligible
22        providers by use of  purchase  of  service  contracts  or
23        vouchers;
24             (2)  arranging  with  other  agencies  and community
25        volunteer groups for non-reimbursed child care;
26             (3)  (blank); or
27             (4)  adopting  such  other   arrangements   as   the
28        Department determines appropriate.
29        (g)  Families  eligible for assistance under this Section
30    shall be given the following options:
31             (1)  receiving a child care  certificate  issued  by
32        the  Department or a subcontractor of the Department that
33        may be used by the parents as payment for child care  and
34        development services only; or
 
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 1             (2)  if space is available, enrolling the child with
 2        a  child  care  provider  that  has a purchase of service
 3        contract with the Department or a  subcontractor  of  the
 4        Department   for   the   provision   of  child  care  and
 5        development  services.    The  Department  may   identify
 6        particular priority populations for whom they may request
 7        special  consideration  by  a  provider  with purchase of
 8        service contracts, provided that the providers  shall  be
 9        permitted  to  maintain  a balance of clients in terms of
10        household incomes and families and children with  special
11        needs, as defined by rule.
12    (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)