State of Illinois
92nd General Assembly

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HB1929 Engrossed                               LRB9205764LDpr

 1        AN ACT in relation to child care.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 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
23    or  training programs.  At a minimum, the Illinois Department
24    shall cover the following categories of families:
25             (1)  recipients   of   TANF   under    Article    IV
26        participating   in   work   and  training  activities  as
27        specified  in  the  personal  plan  for  employment   and
28        self-sufficiency;
29             (2)  families transitioning from TANF to work;
30             (3)  families  at  risk  of  becoming  recipients of
31        TANF;
HB1929 Engrossed            -2-                LRB9205764LDpr
 1             (4)  families with special needs as defined by rule;
 2        and
 3             (5)  working  families  with  very  low  incomes  as
 4        defined by rule.
 5        The Department shall specify by rule  the  conditions  of
 6    eligibility, the application process, and the types, amounts,
 7    and  duration  of  services.    Eligibility  for  child  care
 8    benefits and the amount of child care provided may vary based
 9    on  family  size,  income,  and other factors as specified by
10    rule.  In  determining  income  eligibility  for  child  care
11    benefits, the Department annually at  the  beginning  of  the
12    fiscal  year  shall  establish, by rule, one income threshold
13    for each family size, in  relation  to  percentage  of  State
14    median  income  for  a family of that size, which shall be no
15    less than 55% of the then-current  State  median  income  for
16    such  families,  that  makes  families with incomes below the
17    specified threshold eligible for assistance and families with
18    incomes  above  the  specified   threshold   ineligible   for
19    assistance.    In determining eligibility for assistance, the
20    Department shall not  give  preference  to  any  category  of
21    recipients  or  give preference to individuals based on their
22    receipt of benefits under this  Code.  The  Department  shall
23    allocate  $7,500,000 annually for a test program for families
24    who are income-eligible for child care  assistance,  who  are
25    not  recipients  of TANF under Article IV, and who need child
26    care assistance to  participate  in  education  and  training
27    activities.    The  Department  shall  specify  by  rule  the
28    conditions of eligibility for this test program.  It  is  the
29    intent of the General Assembly that, for fiscal year 1998, to
30    the  extent  resources permit, the Department shall establish
31    an income eligibility threshold of 50% of  the  State  median
32    income.   Notwithstanding  the income level at which families
33    become eligible to receive child care assistance, any  family
34    that  is  already  receiving  child  care  assistance  on the
HB1929 Engrossed            -3-                LRB9205764LDpr
 1    effective date of this amendatory Act of  1997  shall  remain
 2    eligible  for  assistance  for  fiscal year 1998.  Nothing in
 3    this Section shall be  construed  as  conferring  entitlement
 4    status  to  eligible  families.   The  Illinois Department is
 5    authorized to lower income eligibility ceilings, raise parent
 6    co-payments, create waiting lists, or take such other actions
 7    during a fiscal year as are necessary to  ensure  that  child
 8    care  benefits  paid  under  this  Article  do not exceed the
 9    amounts appropriated for those child care  benefits.    These
10    changes  may  be accomplished by emergency rule under Section
11    5-45 of the Illinois  Administrative  Procedure  Act,  except
12    that the limitation on the number of emergency rules that may
13    be  adopted  in  a  24-month  period  shall  not  apply.  The
14    Illinois Department may contract with other State agencies or
15    child care organizations for the administration of child care
16    services.
17        (c)  Payment shall be made for child care that  otherwise
18    meets   the  requirements  of  this  Section  and  applicable
19    standards of State and local law  and  regulation,  including
20    any  requirements the Illinois Department promulgates by rule
21    in addition to the licensure requirements promulgated by  the
22    Department   of   Children   and  Family  Services  and  Fire
23    Prevention and Safety requirements promulgated by the  Office
24    of  the  State  Fire  Marshal  and  is provided in any of the
25    following:
26             (1)  a child care center which is licensed or exempt
27        from licensure pursuant to Section 2.09 of the Child Care
28        Act of 1969;
29             (2)  a licensed child care home or home exempt  from
30        licensing;
31             (3)  a licensed group child care home;
32             (4)  other types of child care, including child care
33        provided  by relatives or persons living in the same home
34        as the child, as determined by the Illinois Department by
HB1929 Engrossed            -4-                LRB9205764LDpr
 1        rule.
 2        (d)  The Illinois  Department  shall,  by  rule,  require
 3    co-payments  for child care services by any parent, including
 4    parents whose only income is from assistance under this Code.
 5    The co-payment shall be assessed based  on  a  sliding  scale
 6    based  on  family  income,  family  size,  and  the number of
 7    children in care.  Co-payments shall  not  be  increased  due
 8    solely  to  a  fiscal year 2002 change in the methodology for
 9    counting family income.
10        (e)  The Illinois Department shall conduct a market  rate
11    survey  based  on the cost of care and other relevant factors
12    which shall be completed by July 1, 1998.
13        (f)  The Illinois Department shall, by rule, set rates to
14    be paid for the various types of child care. Child  care  may
15    be provided through one of the following methods:
16             (1)  arranging   the  child  care  through  eligible
17        providers by use of  purchase  of  service  contracts  or
18        vouchers;
19             (2)  arranging  with  other  agencies  and community
20        volunteer groups for non-reimbursed child care;
21             (3)  (blank); or
22             (4)  adopting  such  other   arrangements   as   the
23        Department determines appropriate.
24        (g)  Families  eligible for assistance under this Section
25    shall be given the following options:
26             (1)  receiving a child care  certificate  issued  by
27        the  Department or a subcontractor of the Department that
28        may be used by the parents as payment for child care  and
29        development services only; or
30             (2)  if space is available, enrolling the child with
31        a  child  care  provider  that  has a purchase of service
32        contract with the Department or a  subcontractor  of  the
33        Department   for   the   provision   of  child  care  and
34        development  services.    The  Department  may   identify
HB1929 Engrossed            -5-                LRB9205764LDpr
 1        particular priority populations for whom they may request
 2        special  consideration  by  a  provider  with purchase of
 3        service contracts, provided that the providers  shall  be
 4        permitted  to  maintain  a balance of clients in terms of
 5        household incomes and families and children with  special
 6        needs, as defined by rule.
 7    (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)

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