Public Act 102-0491
 
HB3620 EnrolledLRB102 10450 KTG 15778 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Public Aid Code is amended  by 
changing Section 9A-11 and by adding Section 9A-2a as follows:
 
    (305 ILCS 5/9A-2a new)
    Sec. 9A-2a. Federal poverty level; definition. As used in 
this Article, "federal poverty level" means the poverty 
guidelines updated periodically in the Federal Register by the 
U.S. Department
of Health and Human Services under the 
authority of 42 U.S.C. 9902(2).
 



    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)



    Sec. 9A-11. Child care. 

    (a) The General Assembly recognizes that families with 
children need child
care in order to work.  Child care is 
expensive and families with low incomes,
including those who 
are transitioning from welfare to work, often struggle to
pay 
the costs of day care.  The
General Assembly understands the 
importance of helping low-income working
families become and 
remain self-sufficient.  The General Assembly also believes

that it is the responsibility of families to share in the costs 
of child care.
It is also the preference of the General 
Assembly that all working poor
families should be treated 
equally, regardless of their welfare status.

    (b) To the extent resources permit, the Illinois 
Department shall provide
child care services to parents or 
other relatives as defined by rule who are
working or 
participating in employment or Department approved
education 
or training programs.  At a minimum, the Illinois Department 
shall
cover the following categories of families:

        (1) recipients of TANF under Article IV participating 
    in work and training
activities as specified in the 
    personal plan for employment and
self-sufficiency;

        (2) families transitioning from TANF to work;

        (3) families at risk of becoming recipients of TANF;

        (4) families with special needs as defined by rule;

        (5) working families with very low incomes as defined 
    by rule;

        (6) families that are not recipients of TANF and that 
    need child care assistance to participate in education and 
    training activities; and 
        (7) families with children under the age of 5 who have 
    an open intact family services case with the Department of 
    Children and Family Services. Any family that receives 
    child care assistance in accordance with this paragraph 
    shall remain eligible for child care assistance 6 months 
    after the child's intact family services case is closed, 
    regardless of whether the child's parents or other 
    relatives as defined by rule are working or participating 
    in Department approved employment or education or training 
    programs. The Department of Human Services, in 
    consultation with the Department of Children and Family 
    Services, shall adopt rules to protect the privacy of 
    families who are the subject of an open intact family 
    services case when such families enroll in child care 
    services. Additional rules shall be adopted to offer 
    children who have an open intact family services case the 
    opportunity to receive an Early Intervention screening and 
    other services that their families may be eligible for as 
    provided by the Department of Human Services. 
    The Department shall specify by rule the conditions of 
eligibility, the
application process, and the types, amounts, 
and duration of services.
Eligibility for
child care benefits 
and the amount of child care provided may vary based on
family 
size, income,
and other factors as specified by rule.

    A family's eligibility for child care services shall be 
redetermined no sooner than 12 months following the initial 
determination or most recent redetermination. During the 
12-month periods, the family shall remain eligible for child 
care services regardless of (i) a change in family income, 
unless family income exceeds 85% of State median income, or 
(ii) a temporary change in the ongoing status of the parents or 
other relatives, as defined by rule, as working or attending a 
job training or educational program. 
    In determining income eligibility for child care benefits, 
the Department
annually, at the beginning of each fiscal year, 
shall
establish, by rule, one income threshold for each family 
size, in relation to
percentage of State median income for a 
family of that size, that makes
families with incomes below 
the specified threshold eligible for assistance
and families 
with incomes above the specified threshold ineligible for

assistance.  Through and including fiscal year 2007, the 
specified threshold must be no less than 50% of the

then-current State median income for each family size. 
Beginning in fiscal year 2008, the specified threshold must be 
no less than 185% of the then-current federal poverty level 
for each family size. Notwithstanding any other provision of 
law or administrative rule to the contrary, beginning in 
fiscal year 2019, the specified threshold for working families 
with very low incomes as defined by rule must be no less than 
185% of the then-current federal poverty level for each family 
size. Notwithstanding any other provision of law or 
administrative rule to the contrary, beginning in State fiscal 
year 2022, the specified
income threshold shall be no less 
than 200% of the
then-current federal poverty level for each 
family size. 

    In determining eligibility for
assistance, the Department 
shall not give preference to any category of
recipients
or 
give preference to individuals based on their receipt of 
benefits under this
Code.


    Nothing in this Section shall be
construed as conferring 
entitlement status to eligible families.

    The Illinois
Department is authorized to lower income 
eligibility ceilings, raise parent
co-payments, create waiting 
lists, or take such other actions during a fiscal
year as are 
necessary to ensure that child care benefits paid under this

Article do not exceed the amounts appropriated for those child 
care benefits.
These changes may be accomplished by emergency 
rule under Section 5-45 of the
Illinois Administrative 
Procedure Act, except that the limitation on the number
of 
emergency rules that may be adopted in a 24-month period shall 
not apply.

    The Illinois Department may contract with other State 
agencies or child care
organizations for the administration of 
child care services.

    (c) Payment shall be made for child care that otherwise 
meets the
requirements of this Section and applicable 
standards of State and local
law and regulation, including any 
requirements the Illinois Department
promulgates by rule in 
addition to the licensure
requirements
promulgated by the 
Department of Children and Family Services and Fire
Prevention 
and Safety requirements promulgated by the Office of the State

Fire Marshal, and is provided in any of the following:

        (1) a child care center which is licensed or exempt 
    from licensure
pursuant to Section 2.09 of the Child Care 
    Act of 1969;

        (2) a licensed child care home or home exempt from 
    licensing;

        (3) a licensed group child care home;

        (4) other types of child care, including child care 
    provided
by relatives or persons living in the same home 
    as the child, as determined by
the Illinois Department by 
    rule.

    (c-5)
 Solely for the purposes of coverage under the 
Illinois Public Labor Relations Act, child and day care home 
providers, including licensed and license exempt, 
participating in the Department's child care assistance 
program shall be considered to be public employees and the 
State of Illinois shall be considered to be their employer as 
of January 1, 2006 (the effective date of Public Act 94-320), 
but not before.  The State shall engage in collective 
bargaining with an exclusive representative of child and day 
care home providers participating in the child care assistance 
program concerning their terms and conditions of employment 
that are within the State's control.  Nothing in this 
subsection shall be understood to limit the right of families 
receiving services defined in this Section to select child and 
day care home providers or supervise them within the limits of 
this Section.  The State shall not be considered to be the 
employer of child and day care home providers for any purposes 
not specifically provided in Public Act 94-320, including, but 
not limited to, purposes of vicarious liability in tort and 
purposes of statutory retirement or health insurance benefits.  
Child and day care home providers shall not be covered by the 
State Employees Group Insurance Act of 1971.
    In according child and day care home providers and their 
selected representative rights under the Illinois Public Labor 
Relations Act, the State intends that the State action 
exemption to application of federal and State antitrust laws 
be fully available to the extent that their activities are 
authorized by Public Act 94-320.

    (d) The Illinois Department shall establish, by rule, a 
co-payment scale that provides for cost sharing by families 
that receive
child care services, including parents whose only 
income is from
assistance under this Code.  The co-payment 
shall be based on family income and family size and may be 
based on other factors as appropriate.  Co-payments may be 
waived for families whose incomes are at or below the federal 
poverty level.

    (d-5) The Illinois Department, in consultation with its 
Child Care and Development Advisory Council, shall develop a 
plan to revise the child care assistance program's co-payment 
scale. The plan shall be completed no later than February 1, 
2008, and shall include:
        (1) findings as to the percentage of income that the 
    average American family spends on child care and the 
    relative amounts that low-income families and the average 
    American family spend on other necessities of life;

        (2) recommendations for revising the child care 
    co-payment scale to assure that families receiving child 
    care services from the Department are paying no more than 
    they can reasonably afford;
        (3) recommendations for revising the child care 
    co-payment scale to provide at-risk children with complete 
    access to Preschool for All and Head Start; and
        (4) recommendations for changes in child care program 
    policies that affect the affordability of child care.

    (e) (Blank).

    (f) The Illinois Department shall, by rule, set rates to 
be paid for the
various types of child care. Child care may be 
provided through one of the
following methods:

        (1) arranging the child care through eligible 
    providers by use of
purchase of service contracts or 
    vouchers;

        (2) arranging with other agencies and community 
    volunteer groups for
non-reimbursed child care;

        (3) (blank); or

        (4) adopting such other arrangements as the Department 
    determines
appropriate.

    (f-1) Within 30 days after June 4, 2018 (the effective 
date of Public Act 100-587), the Department of Human Services 
shall establish rates for child care providers that are no 
less than the rates in effect on January 1, 2018 increased by 
4.26%. 
    (f-5) (Blank).
    (g) Families eligible for assistance under this Section 
shall be given the
following options:

        (1) receiving a child care certificate issued by the 
    Department or a
subcontractor of the Department that may 
    be used by the parents as payment for
child care and 
    development services only; or

        (2) if space is available, enrolling the child with a 
    child care provider
that has a purchase of service 
    contract with the Department or a subcontractor
of the 
    Department for the provision of child care and development 
    services.
The Department may identify particular priority 
    populations for whom they may
request special 
    consideration by a provider with purchase of service

    contracts, provided that the providers shall be permitted 
    to maintain a balance
of clients in terms of household 
    incomes and families and children with special
needs, as 
    defined by rule.

(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18; 
100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff. 
8-17-18; 101-81, eff. 7-12-19.)

  
 
    Section 99. Effective date. This Act takes effect July 1, 
2021.