Illinois General Assembly - Full Text of HB5580
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Full Text of HB5580  99th General Assembly




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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17Assembly that all working poor families should be treated
18equally, regardless of their welfare status.
19    (b) The To the extent resources permit, the Illinois
20Department shall provide child care services to parents or
21other relatives as defined by rule who are working or
22participating in employment or Department approved education
23or training programs. At a minimum, the Illinois Department



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1shall cover the following categories of families and children:
2        (1) recipients of TANF under Article IV participating
3    in work and training activities as specified in the
4    personal plan for employment and self-sufficiency;
5        (2) families transitioning from TANF to work;
6        (3) families at risk of becoming recipients of TANF;
7        (4) families with special needs as defined by rule; and
8        (5) working families with very low incomes as defined
9    by rule; .
10        (6) families that are not recipients of TANF and that
11    need child care assistance to participate in education and
12    training activities;
13        (7) children engaged in the State's child welfare
14    system; and
15        (8) homeless children.
16    The Department shall specify by rule the conditions of
17eligibility, the application process, and the types, amounts,
18and duration of services. Eligibility for child care benefits
19and the amount of child care provided may vary based on family
20size, income, and other factors as specified by rule.
21    In determining income eligibility for child care benefits,
22the Department annually, at the beginning of each fiscal year,
23shall establish, by rule, one income threshold for each family
24size, in relation to percentage of State median income for a
25family of that size, that makes families with incomes below the
26specified threshold eligible for assistance and families with



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1incomes above the specified threshold ineligible for
2assistance. Beginning in State fiscal year 2017, the specified
3threshold must be no less than 300% of the then current federal
4poverty level for each family size. Through and including
5fiscal year 2007, the specified threshold must be no less than
650% of the then-current State median income for each family
7size. Beginning in fiscal year 2008, the specified threshold
8must be no less than 185% of the then-current federal poverty
9level for each family size.
10    The Department shall provide child care services to all
11children who are eligible for assistance and are under age 13
12or who are under age 19 and under court supervision or have
13physical or mental incapacities as documented by a statement
14from a local health provider or other health professional.
15    In determining eligibility for assistance, the Department
16shall not give preference to any category of recipients or give
17preference to individuals based on their receipt of benefits
18under this Code.
19    The Department shall allocate $7,500,000 annually for a
20test program for families who are income-eligible for child
21care assistance, who are not recipients of TANF under Article
22IV, and who need child care assistance to participate in
23education and training activities. The Department shall
24specify by rule the conditions of eligibility for this test
26    Nothing in this Section shall be construed as conferring



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1entitlement status to eligible families.
2    The Illinois Department is authorized to lower income
3eligibility ceilings, raise parent co-payments, create waiting
4lists, or take such other actions during a fiscal year as are
5necessary to ensure that child care benefits paid under this
6Article do not exceed the amounts appropriated for those child
7care benefits. These changes may be accomplished by emergency
8rule under Section 5-45 of the Illinois Administrative
9Procedure Act, except that the limitation on the number of
10emergency rules that may be adopted in a 24-month period shall
11not apply.
12    The Illinois Department may contract with other State
13agencies or child care organizations for the administration of
14child care services.
15    (c) Payment shall be made for child care that otherwise
16meets the requirements of this Section and applicable standards
17of State and local law and regulation, including any
18requirements the Illinois Department promulgates by rule in
19addition to the licensure requirements promulgated by the
20Department of Children and Family Services and Fire Prevention
21and Safety requirements promulgated by the Office of the State
22Fire Marshal and is provided in any of the following:
23        (1) a child care center which is licensed or exempt
24    from licensure pursuant to Section 2.09 of the Child Care
25    Act of 1969;
26        (2) a licensed child care home or home exempt from



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



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1statutory retirement or health insurance benefits. Child and
2day care home providers shall not be covered by the State
3Employees Group Insurance Act of 1971.
4    In according child and day care home providers and their
5selected representative rights under the Illinois Public Labor
6Relations Act, the State intends that the State action
7exemption to application of federal and State antitrust laws be
8fully available to the extent that their activities are
9authorized by this amendatory Act of the 94th General Assembly.
10    (d) The Illinois Department shall establish, by rule, a
11co-payment scale that provides for cost sharing by families
12that receive child care services, including parents whose only
13income is from assistance under this Code. The co-payment shall
14be based on family income and family size and may be based on
15other factors as appropriate. Co-payments may be waived for
16families whose incomes are at or below the federal poverty
18    (d-5) The Illinois Department, in consultation with its
19Child Care and Development Advisory Council, shall develop a
20plan to revise the child care assistance program's co-payment
21scale. The plan shall be completed no later than February 1,
222008, and shall include:
23        (1) findings as to the percentage of income that the
24    average American family spends on child care and the
25    relative amounts that low-income families and the average
26    American family spend on other necessities of life;



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1        (2) recommendations for revising the child care
2    co-payment scale to assure that families receiving child
3    care services from the Department are paying no more than
4    they can reasonably afford;
5        (3) recommendations for revising the child care
6    co-payment scale to provide at-risk children with complete
7    access to Preschool for All and Head Start; and
8        (4) recommendations for changes in child care program
9    policies that affect the affordability of child care.
10    (e) (Blank).
11    (f) The Illinois Department shall, by rule, set rates to be
12paid for the various types of child care. Child care may be
13provided through one of the following methods:
14        (1) arranging the child care through eligible
15    providers by use of purchase of service contracts or
16    vouchers;
17        (2) arranging with other agencies and community
18    volunteer groups for non-reimbursed child care;
19        (3) (blank); or
20        (4) adopting such other arrangements as the Department
21    determines appropriate.
22    (f-5) (Blank).
23    (g) Families eligible for assistance under this Section
24shall be given the following options:
25        (1) receiving a child care certificate issued by the
26    Department or a subcontractor of the Department that may be



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1    used by the parents as payment for child care and
2    development services only; or
3        (2) if space is available, enrolling the child with a
4    child care provider that has a purchase of service contract
5    with the Department or a subcontractor of the Department
6    for the provision of child care and development services.
7    The Department may identify particular priority
8    populations for whom they may request special
9    consideration by a provider with purchase of service
10    contracts, provided that the providers shall be permitted
11    to maintain a balance of clients in terms of household
12    incomes and families and children with special needs, as
13    defined by rule.
14(Source: P.A. 97-422, eff. 8-16-11.)
15    Section 99. Effective date. This Act takes effect July 1,