Illinois General Assembly - Full Text of SB0730
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Full Text of SB0730  99th General Assembly


Rep. Litesa E. Wallace

Filed: 5/26/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 730 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 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 working families become and
14remain self-sufficient. The General Assembly also believes
15that it is the responsibility of families to share in the costs
16of child care. It is also the preference of the General



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1Assembly that all working poor families should be treated
2equally, regardless of their welfare status.
3    (b) The To the extent resources permit, the Illinois
4Department shall provide child care services to parents or
5other relatives as defined by rule who are working or
6participating in employment or Department approved education
7or training programs. At a minimum, the Illinois Department
8shall cover the following categories of families and children:
9        (1) recipients of TANF under Article IV participating
10    in work and training activities as specified in the
11    personal plan for employment and self-sufficiency;
12        (2) families transitioning from TANF to work;
13        (3) families at risk of becoming recipients of TANF;
14        (4) families with special needs as defined by rule; and
15        (5) working families with very low incomes as defined
16    by rule; .
17        (6) families that are not recipients of TANF and that
18    need child care assistance to participate in education and
19    training activities;
20        (7) children engaged in the State's child welfare
21    system; and
22        (8) homeless children.
23    The Department shall specify by rule the conditions of
24eligibility, the application process, and the types, amounts,
25and duration of services. Eligibility for child care benefits
26and the amount of child care provided may vary based on family



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1size, income, and other factors as specified by rule.
2    In determining income eligibility for child care benefits,
3the Department annually, at the beginning of each fiscal year,
4shall establish, by rule, one income threshold for each family
5size, in relation to percentage of State median income for a
6family of that size, that makes families with incomes below the
7specified threshold eligible for assistance and families with
8incomes above the specified threshold ineligible for
9assistance. From July 1, 2016 through June 30, 2017, the
10specified threshold must be no less than 200% of the then
11current federal poverty level for each family size. Beginning
12July 1, 2017, the specified threshold must be no less than 250%
13of the then current federal poverty level for each family size.
14Through and including fiscal year 2007, the specified threshold
15must be no less than 50% of the then-current State median
16income for each family size. Beginning in fiscal year 2008, the
17specified threshold must be no less than 185% of the
18then-current federal poverty level for each family size.
19    The Department shall provide child care services to all
20children who are eligible for assistance and are under age 13
21or who are under age 19 and under court supervision or have
22physical or mental incapacities as documented by a statement
23from a local health provider or other health professional.
24    In determining eligibility for assistance, the Department
25shall not give preference to any category of recipients or give
26preference to individuals based on their receipt of benefits



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1under this Code.
2    The Department shall allocate $7,500,000 annually for a
3test program for families who are income-eligible for child
4care assistance, who are not recipients of TANF under Article
5IV, and who need child care assistance to participate in
6education and training activities. The Department shall
7specify by rule the conditions of eligibility for this test
9    Nothing in this Section shall be construed as conferring
10entitlement status to eligible families.
11    The Illinois Department is authorized to lower income
12eligibility ceilings, raise parent co-payments, create waiting
13lists, or take such other actions during a fiscal year as are
14necessary to ensure that child care benefits paid under this
15Article do not exceed the amounts appropriated for those child
16care benefits. These changes may be accomplished by emergency
17rule under Section 5-45 of the Illinois Administrative
18Procedure Act, except that the limitation on the number of
19emergency rules that may be adopted in a 24-month period shall
20not apply.
21    The Illinois Department may contract with other State
22agencies or child care organizations for the administration of
23child care services.
24    (c) Payment shall be made for child care that otherwise
25meets the requirements of this Section and applicable standards
26of State and local law and regulation, including any



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



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



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1    (d-5) The Illinois Department, in consultation with its
2Child Care and Development Advisory Council, shall develop a
3plan to revise the child care assistance program's co-payment
4scale. The plan shall be completed no later than February 1,
52008, and shall include:
6        (1) findings as to the percentage of income that the
7    average American family spends on child care and the
8    relative amounts that low-income families and the average
9    American family spend on other necessities of life;
10        (2) recommendations for revising the child care
11    co-payment scale to assure that families receiving child
12    care services from the Department are paying no more than
13    they can reasonably afford;
14        (3) recommendations for revising the child care
15    co-payment scale to provide at-risk children with complete
16    access to Preschool for All and Head Start; and
17        (4) recommendations for changes in child care program
18    policies that affect the affordability of child care.
19    (e) (Blank).
20    (f) The Illinois Department shall, by rule, set rates to be
21paid for the various types of child care. Child care may be
22provided through one of the following methods:
23        (1) arranging the child care through eligible
24    providers by use of purchase of service contracts or
25    vouchers;
26        (2) arranging with other agencies and community



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1    volunteer groups for non-reimbursed child care;
2        (3) (blank); or
3        (4) adopting such other arrangements as the Department
4    determines appropriate.
5    (f-5) (Blank).
6    (g) Families eligible for assistance under this Section
7shall be given the following options:
8        (1) receiving a child care certificate issued by the
9    Department or a subcontractor of the Department that may be
10    used by the parents as payment for child care and
11    development services only; or
12        (2) if space is available, enrolling the child with a
13    child care provider that has a purchase of service contract
14    with the Department or a subcontractor of the Department
15    for the provision of child care and development services.
16    The Department may identify particular priority
17    populations for whom they may request special
18    consideration by a provider with purchase of service
19    contracts, provided that the providers shall be permitted
20    to maintain a balance of clients in terms of household
21    incomes and families and children with special needs, as
22    defined by rule.
23(Source: P.A. 97-422, eff. 8-16-11.)
24    Section 99. Effective date. This Act takes effect July 1,