Sen. Cristina H. Pacione-Zayas

Filed: 3/3/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1796 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) 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:
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;
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) youth in care, as defined in Section 4d of the
21    Children and Family Services Act, who are parents,
22    regardless of income or whether they are working or
23    participating in Department-approved employment or
24    education or training programs. Any family that receives
25    child care assistance in accordance with this paragraph
26    shall receive one additional 12-month child care



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



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1    children who have an open intact family services case the
2    opportunity to receive an Early Intervention screening and
3    other services that their families may be eligible for as
4    provided by the Department of Human Services; and .
5        (10) families determined to have categorical
6    eligibility. For the purpose of this paragraph,
7    "categorical eligibility" refers to a policy in which all
8    families or households receiving benefits under the
9    federal Supplemental Nutrition Assistance Program (SNAP)
10    from the Department of Human Services or medical
11    assistance benefits from the Department of Healthcare and
12    Family Services shall be determined eligible for
13    assistance under the Child Care Assistance Program. To
14    implement the policy of categorical eligibility, child
15    care assistance shall be included as an additional benefit
16    a family or household can apply for when completing the
17    Application for Benefits Eligibility (ABE) form through
18    the State's ABE web portal. The State agency responsible
19    for processing ABE applications shall refer each family or
20    household that applies for child care assistance and that
21    is eligible for SNAP or medical assistance benefits to its
22    local Child Care Resource and Referral agency.
23    Beginning October 1, 2023, and every October 1 thereafter,
24the Department of Children and Family Services shall report to
25the General Assembly on the number of children who received
26child care via vouchers paid for by the Department of Children



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1and Family Services during the preceding fiscal year. The
2report shall include the ages of children who received child
3care, the type of child care they received, and the number of
4months they received child care.
5    The Department shall specify by rule the conditions of
6eligibility, the application process, and the types, amounts,
7and duration of services. Eligibility for child care benefits
8and the amount of child care provided may vary based on family
9size, income, and other factors as specified by rule.
10    The Department shall update the Child Care Assistance
11Program Eligibility Calculator posted on its website to
12include a question on whether a family is applying for child
13care assistance for the first time or is applying for a
14redetermination of eligibility.
15    A family's eligibility for child care services shall be
16redetermined no sooner than 12 months following the initial
17determination or most recent redetermination. During the
1812-month periods, the family shall remain eligible for child
19care services regardless of (i) a change in family income,
20unless family income exceeds 85% of State median income, or
21(ii) a temporary change in the ongoing status of the parents or
22other relatives, as defined by rule, as working or attending a
23job training or educational program.
24    In determining income eligibility for child care benefits,
25the Department annually, at the beginning of each fiscal year,
26shall establish, by rule, one income threshold for each family



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1size, in relation to percentage of State median income for a
2family of that size, that makes families with incomes below
3the specified threshold eligible for assistance and families
4with incomes above the specified threshold ineligible for
5assistance. Through and including fiscal year 2007, the
6specified threshold must be no less than 50% of the
7then-current State median income for each family size.
8Beginning in fiscal year 2008, the specified threshold must be
9no less than 185% of the then-current federal poverty level
10for each family size. Notwithstanding any other provision of
11law or administrative rule to the contrary, beginning in
12fiscal year 2019, the specified threshold for working families
13with very low incomes as defined by rule must be no less than
14185% of the then-current federal poverty level for each family
15size. Notwithstanding any other provision of law or
16administrative rule to the contrary, beginning in State Fiscal
17Year 2024, the specified income threshold shall be no less
18than 250% of the then-current federal poverty level for each
19family size. Beginning in State Fiscal Year 2025, the income
20threshold shall annually increase by 25% until the income
21threshold reaches 400% of the then-current federal poverty
22level for each family size. Notwithstanding any other
23provision of law or administrative rule to the contrary,
24beginning in State fiscal year 2022, the specified income
25threshold shall be no less than 200% of the then-current
26federal poverty level for each family size.



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1    In determining eligibility for assistance, the Department
2shall not give preference to any category of recipients or
3give preference to individuals based on their receipt of
4benefits under this Code.
5    Nothing in this Section shall be construed as conferring
6entitlement status to eligible families.
7    The Illinois Department is authorized to lower income
8eligibility ceilings, raise parent co-payments, create waiting
9lists, or take such other actions during a fiscal year as are
10necessary to ensure that child care benefits paid under this
11Article do not exceed the amounts appropriated for those child
12care benefits. These changes may be accomplished by emergency
13rule under Section 5-45 of the Illinois Administrative
14Procedure Act, except that the limitation on the number of
15emergency rules that may be adopted in a 24-month period shall
16not apply.
17    The Illinois Department may contract with other State
18agencies or child care organizations for the administration of
19child care services.
20    (c) Payment shall be made for child care that otherwise
21meets the requirements of this Section and applicable
22standards of State and local law and regulation, including any
23requirements the Illinois Department promulgates by rule in
24addition to the licensure requirements promulgated by the
25Department of Children and Family Services and Fire Prevention
26and Safety requirements promulgated by the Office of the State



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1Fire Marshal, and is provided in any of the following:
2        (1) a child care center which is licensed or exempt
3    from licensure pursuant to Section 2.09 of the Child Care
4    Act of 1969;
5        (2) a licensed child care home or home exempt from
6    licensing;
7        (3) a licensed group child care home;
8        (4) other types of child care, including child care
9    provided by relatives or persons living in the same home
10    as the child, as determined by the Illinois Department by
11    rule.
12    (c-5) Solely for the purposes of coverage under the
13Illinois Public Labor Relations Act, child and day care home
14providers, including licensed and license exempt,
15participating in the Department's child care assistance
16program shall be considered to be public employees and the
17State of Illinois shall be considered to be their employer as
18of January 1, 2006 (the effective date of Public Act 94-320),
19but not before. The State shall engage in collective
20bargaining with an exclusive representative of child and day
21care home providers participating in the child care assistance
22program concerning their terms and conditions of employment
23that are within the State's control. Nothing in this
24subsection shall be understood to limit the right of families
25receiving services defined in this Section to select child and
26day care home providers or supervise them within the limits of



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1this Section. The State shall not be considered to be the
2employer of child and day care home providers for any purposes
3not specifically provided in Public Act 94-320, including, but
4not limited to, purposes of vicarious liability in tort and
5purposes of statutory retirement or health insurance benefits.
6Child and day care home providers shall not be covered by the
7State Employees Group Insurance Act of 1971.
8    In according child and day care home providers and their
9selected representative rights under the Illinois Public Labor
10Relations Act, the State intends that the State action
11exemption to application of federal and State antitrust laws
12be fully available to the extent that their activities are
13authorized by Public Act 94-320.
14    (d) The Illinois Department shall establish, by rule, a
15co-payment scale that provides for cost sharing by families
16that receive child care services, including parents whose only
17income is from assistance under this Code. The co-payment
18shall be based on family income and family size and may be
19based on other factors as appropriate. Co-payments may be
20waived for families whose incomes are at or below the federal
21poverty level.
22    (d-5) The Illinois Department, in consultation with its
23Child Care and Development Advisory Council, shall develop a
24plan to revise the child care assistance program's co-payment
25scale. The plan shall be completed no later than February 1,
262008, and shall include:



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1        (1) findings as to the percentage of income that the
2    average American family spends on child care and the
3    relative amounts that low-income families and the average
4    American family spend on other necessities of life;
5        (2) recommendations for revising the child care
6    co-payment scale to assure that families receiving child
7    care services from the Department are paying no more than
8    they can reasonably afford;
9        (3) recommendations for revising the child care
10    co-payment scale to provide at-risk children with complete
11    access to Preschool for All and Head Start; and
12        (4) recommendations for changes in child care program
13    policies that affect the affordability of child care.
14    (e) (Blank).
15    (f) The Illinois Department shall, by rule, set rates to
16be paid for the various types of child care. Child care may be
17provided through one of the following methods:
18        (1) arranging the child care through eligible
19    providers by use of purchase of service contracts or
20    vouchers;
21        (2) arranging with other agencies and community
22    volunteer groups for non-reimbursed child care;
23        (3) (blank); or
24        (4) adopting such other arrangements as the Department
25    determines appropriate.
26    (f-1) Within 30 days after June 4, 2018 (the effective



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1date of Public Act 100-587), the Department of Human Services
2shall establish rates for child care providers that are no
3less than the rates in effect on January 1, 2018 increased by
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
10    be 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
14    contract with the Department or a subcontractor of the
15    Department for the provision of child care and development
16    services. 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. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
24102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.



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1    Section 99. Effective date. This Act takes effect July 1,