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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
90_HB3436ham001
LRB9010749SMdvam01
1 AMENDMENT TO HOUSE BILL 3436
2 AMENDMENT NO. . Amend House Bill 3436 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Public Aid Code by changing
5 Section 9A-11."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Public Aid Code is amended by
9 changing Section 9A-11 as follows:
10 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
11 Sec. 9A-11. Child Care.
12 (a) The General Assembly recognizes that families with
13 children need child care in order to work. Child care is
14 expensive and families with low incomes, including those who
15 are transitioning from welfare to work, often struggle to pay
16 the costs of day care. The General Assembly understands the
17 importance of helping low income working families become and
18 remain self-sufficient. The General Assembly also believes
19 that it is the responsibility of families to share in the
20 costs of child care. It is also the preference of the
21 General Assembly that all working poor families should be
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1 treated equally, regardless of their welfare status.
2 (b) To the extent resources permit, the Illinois
3 Department shall provide child care services to parents or
4 other relatives as defined by rule who are working or
5 participating in employment or Department approved education
6 or training programs. At a minimum, the Illinois Department
7 shall cover the following categories of families:
8 (1) recipients of TANF under Article IV
9 participating in work and training activities as
10 specified in the personal plan for employment and
11 self-sufficiency;
12 (2) families transitioning from TANF to work;
13 (3) families at risk of becoming recipients of
14 TANF. The Illinois Department shall allocate not less
15 than 2.5% of the funds appropriated to the Department for
16 child care services under this Section to provide child
17 care services to families at risk of becoming TANF
18 recipients who are not currently receiving assistance
19 under Article IV, whose family income is below the
20 specified threshold for eligibility under this Section,
21 and who are enrolled and making satisfactory progress in:
22 (A) an adult basic education,
23 English-as-a-second-language, or GED preparation
24 program for up to 24 months, after which the parent
25 or other caretaker relative must be engaged in work
26 activities for at least 20 hours per week;
27 (B) an occupational or vocational training
28 program, accredited under requirements of State law,
29 of less than 24 months, including degree programs;
30 or
31 (C) an educational or training program other
32 than those defined in subdivision (b)(3)(B) that is
33 accredited under requirements of State law, if the
34 parent or other caretaker relative does not already
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1 possess a baccalaureate degree and is engaged in
2 work activities for at least 20 hours per week or
3 can complete the program in one year or less. The
4 work activity requirement shall not apply to persons
5 who were receiving child care services on July 1,
6 1997 in order to work or attend school. A person
7 claimed as a tax dependent on his or her parent's
8 federal income tax return shall not be eligible for
9 child care services under this subdivision
10 (b)(3)(C).
11 To measure unmet demand for child care services, the
12 Illinois Department shall collect identifying information
13 and data on all applicants for child care services
14 pursuant to this subdivision (b)(3) whom the Department
15 is unable to serve due to a lack of sufficient resources;
16 (4) families with special needs as defined by rule;
17 and
18 (5) working families with very low incomes as
19 defined by rule.
20 The Department shall specify by rule the conditions of
21 eligibility, the application process, and the types, amounts,
22 and duration of services. Eligibility for child care
23 benefits and the amount of child care provided may vary based
24 on family size, income, and other factors as specified by
25 rule. In determining income eligibility for child care
26 benefits, the Department shall establish, by rule, one income
27 threshold for each family size, in relation to percentage of
28 State median income for a family of that size, that makes
29 families with incomes below the specified threshold eligible
30 for assistance and families with incomes above the specified
31 threshold ineligible for assistance. In determining
32 eligibility for assistance, the Department shall not give
33 preference to any category of recipients or give preference
34 to individuals based on their receipt of benefits under this
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1 Code. 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 current State median income. Notwithstanding the
5 income level at which families become eligible to receive
6 child care assistance, any family which remains otherwise
7 eligible for child care assistance shall continue to receive
8 child care assistance until the family income exceeds 60% of
9 current State median income that is already receiving child
10 care assistance on the effective date of this amendatory Act
11 of 1997 shall remain eligible for assistance for fiscal year
12 1998. Nothing in this Section shall be construed as
13 conferring entitlement status to eligible families. The
14 Illinois Department is authorized to lower income eligibility
15 ceilings, raise parent co-payments, create waiting lists, or
16 take such other actions during a fiscal year as are necessary
17 to ensure that child care benefits paid under this Article do
18 not exceed the amounts appropriated for those child care
19 benefits. These changes may be accomplished by emergency
20 rule under Section 5-45 of the Illinois Administrative
21 Procedure Act, except that the limitation on the number of
22 emergency rules that may be adopted in a 24-month period
23 shall not apply. The Illinois Department may contract with
24 other State agencies or child care organizations for the
25 administration of child care services.
26 (c) Payment shall be made for child care that otherwise
27 meets the requirements of this Section and applicable
28 standards of State and local law and regulation, including
29 any requirements the Illinois Department promulgates by rule
30 in addition to the licensure requirements promulgated by the
31 Department of Children and Family Services and Fire
32 Prevention and Safety requirements promulgated by the Office
33 of the State Fire Marshal and is provided in any of the
34 following:
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1 (1) a child care center which is licensed or exempt
2 from licensure pursuant to Section 2.09 of the Child Care
3 Act of 1969;
4 (2) a licensed child care home or home exempt from
5 licensing;
6 (3) a licensed group child care home;
7 (4) other types of child care, including child care
8 provided by relatives or persons living in the same home
9 as the child, as determined by the Illinois Department by
10 rule.
11 (d) The Illinois Department shall, by rule, require
12 co-payments for child care services by any parent, including
13 parents whose only income is from assistance under this Code.
14 The co-payment shall be assessed based on a sliding scale
15 based on family income, family size, and the number of
16 children in care.
17 (e) The Illinois Department shall conduct a market rate
18 survey based on the cost of care and other relevant factors
19 which shall be completed by July 1, 1998.
20 (f) The Illinois Department shall, by rule, set rates to
21 be paid for the various types of child care. Child care may
22 be provided 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
27 volunteer groups for non-reimbursed child care;
28 (3) (blank); or
29 (4) adopting such other arrangements as the
30 Department determines appropriate.
31 (g) Families eligible for assistance under this Section
32 shall be given the following options:
33 (1) receiving a child care certificate issued by
34 the Department or a subcontractor of the Department that
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1 may be 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
4 a child care provider that has a purchase of service
5 contract with the Department or a subcontractor of the
6 Department for the provision of child care and
7 development services. The Department may identify
8 particular priority populations for whom they may request
9 special consideration by a provider with purchase of
10 service contracts, provided that the providers shall be
11 permitted to maintain a balance of clients in terms of
12 household incomes and families and children with special
13 needs, as defined by rule.
14 (Source: P.A. 90-17, eff. 7-1-97.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".