093_HB0294sam003











                                     LRB093 03766 RLC 15410 a

 1                     AMENDMENT TO HOUSE BILL 294

 2        AMENDMENT NO.     .  Amend House Bill  294  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 03766 RLC 15410 a
 1    or  training programs.  At a minimum, the Illinois Department
 2    shall cover the following categories of families:
 3             (1)  recipients   of   TANF   under    Article    IV
 4        participating   in   work   and  training  activities  as
 5        specified  in  the  personal  plan  for  employment   and
 6        self-sufficiency;
 7             (2)  families transitioning from TANF to work;
 8             (3)  families  at  risk  of  becoming  recipients of
 9        TANF;
10             (4)  families with special needs as defined by rule;
11        and
12             (5)  working  families  with  very  low  incomes  as
13        defined by rule.
14        The Department shall specify by rule  the  conditions  of
15    eligibility, the application process, and the types, amounts,
16    and  duration  of  services.    Eligibility  for  child  care
17    benefits and the amount of child care provided may vary based
18    on  family  size,  income,  and other factors as specified by
19    rule.  In  determining  income  eligibility  for  child  care
20    benefits, the Department shall establish, by rule, one income
21    threshold for each family size, in relation to percentage  of
22    State  median  income  for  a family of that size, that makes
23    families with incomes below the specified threshold  eligible
24    for  assistance and families with incomes above the specified
25    threshold  ineligible  for  assistance.      In   determining
26    eligibility  for  assistance,  the  Department shall not give
27    preference to any category of recipients or  give  preference
28    to  individuals based on their receipt of benefits under this
29    Code. The Department shall allocate $7,500,000 annually for a
30    test program for families who are income-eligible  for  child
31    care assistance, who are not recipients of TANF under Article
32    IV,  and  who  need  child  care assistance to participate in
33    education and  training  activities.   The  Department  shall
34    specify  by  rule the conditions of eligibility for this test
 
                            -3-      LRB093 03766 RLC 15410 a
 1    program. It is the intent of the General Assembly  that,  for
 2    fiscal  year  1998,  to  the  extent  resources  permit,  the
 3    Department shall establish an income eligibility threshold of
 4    50%  of  the State median income.  Notwithstanding the income
 5    level at which families become eligible to receive child care
 6    assistance, any family that is already receiving  child  care
 7    assistance  on  the  effective date of this amendatory Act of
 8    1997 shall remain eligible for  assistance  for  fiscal  year
 9    1998.    Nothing  in  this  Section  shall  be  construed  as
10    conferring entitlement  status  to  eligible  families.   The
11    Illinois Department is authorized to lower income eligibility
12    ceilings,  raise parent co-payments, create waiting lists, or
13    take such other actions during a fiscal year as are necessary
14    to ensure that child care benefits paid under this Article do
15    not exceed the amounts  appropriated  for  those  child  care
16    benefits.    These  changes  may be accomplished by emergency
17    rule  under  Section  5-45  of  the  Illinois  Administrative
18    Procedure Act, except that the limitation on  the  number  of
19    emergency  rules  that  may  be  adopted in a 24-month period
20    shall not apply.  The Illinois Department may  contract  with
21    other  State  agencies  or  child  care organizations for the
22    administration of child care services.
23        (c)  Payment shall  be  made  for  child  care  that  (i)
24    otherwise   meets   the  requirements  of  this  Section  and
25    applicable standards of State and local law  and  regulation,
26    including    any   requirements   the   Illinois   Department
27    promulgates by rule in addition to the licensure requirements
28    promulgated by the Department of Children and Family Services
29    and Fire Prevention and Safety  requirements  promulgated  by
30    the Office of the State Fire Marshal, and (ii) is provided in
31    any of the following:
32             (1)  a  child  care center that which is licensed or
33        exempt from licensure pursuant to  Section  2.09  of  the
34        Child Care Act of 1969;
 
                            -4-      LRB093 03766 RLC 15410 a
 1             (2)  a  licensed child care home or home exempt from
 2        licensing;
 3             (3)  a licensed group child care home;
 4             (4)  other types of child care, including child care
 5        provided by relatives or persons living in the same  home
 6        as the child, as determined by the Illinois Department by
 7        rule.
 8        (d)  The  Illinois  Department  shall,  by  rule, require
 9    co-payments for child care services by any parent,  including
10    parents whose only income is from assistance under this Code.
11    The  co-payment  shall  be  assessed based on a sliding scale
12    based on family  income,  family  size,  and  the  number  of
13    children in care.
14        (e)  The  Illinois Department shall conduct a market rate
15    survey based on the cost of care and other  relevant  factors
16    which shall be completed by July 1, 1998.
17        (f)  The Illinois Department shall, by rule, set rates to
18    be  paid  for the various types of child care. Child care may
19    be provided through one of the following methods:
20             (1)  arranging  the  child  care  through   eligible
21        providers  by  use  of  purchase  of service contracts or
22        vouchers;
23             (2)  arranging with  other  agencies  and  community
24        volunteer groups for non-reimbursed child care;
25             (3)  (blank); or
26             (4)  adopting   such   other   arrangements  as  the
27        Department determines appropriate.
28        (g)  Families eligible for assistance under this  Section
29    shall be given the following options:
30             (1)  receiving  a  child  care certificate issued by
31        the Department or a subcontractor of the Department  that
32        may  be used by the parents as payment for child care and
33        development services only; or
34             (2)  if space is available, enrolling the child with
 
                            -5-      LRB093 03766 RLC 15410 a
 1        a child care provider that  has  a  purchase  of  service
 2        contract  with  the  Department or a subcontractor of the
 3        Department  for  the  provision   of   child   care   and
 4        development   services.    The  Department  may  identify
 5        particular priority populations for whom they may request
 6        special consideration by  a  provider  with  purchase  of
 7        service  contracts,  provided that the providers shall be
 8        permitted to maintain a balance of clients  in  terms  of
 9        household  incomes and families and children with special
10        needs, as defined by rule.
11    (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)".