Public Act 102-0926
 
HB4242 EnrolledLRB102 19896 KTG 28672 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The Children and Family Services Act is amended 
by changing Section 5a as follows:
 



    (20 ILCS 505/5a)  (from Ch. 23, par. 5005a)



    Sec. 5a. 
Reimbursable services for which the Department of 
Children and
Family Services shall pay 100% of the reasonable 
cost pursuant to a written
contract negotiated between the 
Department and the agency furnishing the
services (which shall 
include but not be limited to the determination of
reasonable 
cost, the services being purchased and the duration of the

agreement) include, but are not limited to:

 
SERVICE ACTIVITIES

    Adjunctive Therapy;

    Child Care Service, including day care;

    Clinical Therapy;

    Custodial Service;

    Field Work Students;

    Food Service;

    Normal Education;

    In-Service Training;

    Intake or Evaluation, or both;

    Medical Services;

    Recreation;

    Social Work or Counselling, or both;

    Supportive Staff;

    Volunteers.

 
OBJECT EXPENSES

    Professional Fees and Contract Service Payments;

    Supplies;

    Telephone and Telegram;

    Occupancy;

    Local Transportation;

    Equipment and Other Fixed Assets, including amortization

        of same;

    Miscellaneous.

 
ADMINISTRATIVE COSTS

    Program Administration;

    Supervision and Consultation;

    Inspection and Monitoring for purposes of issuing

        licenses;

    Determination of Children who are eligible

    for federal or other reimbursement;

    Postage and Shipping;

    Outside Printing, Artwork, etc.;

    Subscriptions and Reference Publications;

    Management and General Expense.

Reimbursement of administrative costs other than inspection 
and monitoring
for purposes of issuing licenses may not exceed 
20% of the costs
for other services.

    The Department may offer services to any child or family 
with respect to whom a report of suspected child abuse or 
neglect has been called in to the hotline after completion of a 
family assessment as provided under subsection (a-5) of 
Section 7.4 of the Abused and Neglected Child Reporting Act 
and the Department has determined that services are needed to 
address the safety of the child and other family members and 
the risk of subsequent maltreatment. Acceptance of such 
services shall be voluntary. 
    All Object Expenses, Service Activities and Administrative

Costs are allowable.

    If a survey instrument is used in the rate setting 
process:

        (a) with respect to any day care centers, it shall be 
    limited to those
agencies which receive reimbursement from 
    the State;

        (b) the cost survey instrument shall be promulgated by 
    rule;

        (c) any requirements of the respondents shall be 
    promulgated by rule;

        (d) all screens, limits or other tests of 
    reasonableness, allowability
and reimbursability shall be 
    promulgated by rule;

        (e) adjustments may be made by the Department to rates 
    when it determines
that reported wage and salary levels 
    are insufficient to attract capable
caregivers in 
    sufficient numbers.

    The Department of Children and Family Services may pay 
100% of the
reasonable costs of research and valuation
focused 
exclusively on services to youth in care. Such research 
projects must be approved, in advance, by
the Director of the 
Department.

    In addition to reimbursements otherwise provided for in 
this Section,
the Department of Human Services shall, in 
accordance with annual written
agreements, make
advance 
quarterly disbursements to local public agencies for child day 
care
services with funds appropriated from the Local Effort 
Day Care Fund.

    Neither the Department of Children and Family Services nor 
the
Department of Human Services shall pay or approve 
reimbursement for
day care in a facility which is operating 
without a valid license or permit,
except in the case of day 
care homes or day care centers which are exempt from
the 
licensing requirements of the "Child Care Act of 1969".

    The rates paid to day care providers by the Department of 
Children and Family Services shall match the rates paid to 
child care providers by the Department of Human Services under 
the child care assistance program, including base rates and 
any relevant rate enhancements. 
(Source: P.A. 100-159, eff. 8-18-17.)

 
    Section 10. The Illinois Public Aid Code is amended  by 
changing Section 9A-11 as follows:
 



    (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) youth in care, as defined in Section 4d of the 
    Children and Family Services Act, who are parents, 
    regardless of income or whether they are working or 
    participating in Department-approved employment or 
    education or training programs. Any family that receives 
    child care assistance in accordance with this paragraph 
    shall receive one additional 12-month child care 
    eligibility period after the parenting youth in care's 
    case with the Department of Children and Family Services 
    is closed, regardless of income or whether the parenting 
    youth in care is working or participating in 
    Department-approved employment or education or training 
    programs;
        (8) families receiving Extended Family Support Program 
    services from the Department of Children and Family 
    Services, regardless of income or whether they are working 
    or participating in Department-approved employment or 
    education or training programs; and
        (9) (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. 
    Beginning October 1, 2023, and every October 1 thereafter, 
the Department of Children and Family Services shall report to 
the General Assembly on the number of children who received 
child care via vouchers paid for by the Department of Children 
and Family Services during the preceding fiscal year. The 
report shall include the ages of children who received child 
care, the type of child care they received, and the number of 
months they received child care. 
    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.

    The Department shall update the Child Care Assistance 
Program Eligibility Calculator posted on its website to 
include a question on whether a family is applying for child 
care assistance for the first time or is applying for a 
redetermination of eligibility. 
    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. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; 
102-491, eff. 8-20-21; revised 11-8-21.)


 
    Section 15. The Early Intervention Services System Act is 
amended by changing Section 3 as follows:
 



    (325 ILCS 20/3)  (from Ch. 23, par. 4153)



    Sec. 3. Definitions. As used in this Act:

    (a) "Eligible infants and toddlers" means infants and 
toddlers
under 36 months of age with any of the following 
conditions:

        (1) Developmental delays.

        (2) A physical or mental condition which typically 
    results in
developmental delay.

        (3) Being at risk of having substantial developmental 
    delays
based on informed clinical opinion.

        (4) Either (A) having entered the program under any of

    the circumstances listed in paragraphs (1) through (3) of 
    this
subsection
but no
longer meeting
the current 
    eligibility criteria under those paragraphs,
and 
    continuing to have any measurable delay, or (B) not
having 
    attained a level of development in each area,
including

    (i) cognitive, (ii) physical (including vision and 
    hearing), (iii)
language,
speech, and communication, (iv) 
    social or emotional, or (v) adaptive, that
is at least at 
    the mean of the child's age equivalent peers;
and,
in 
    addition to either item (A) or item (B), (C)
having
been 
    determined by the multidisciplinary individualized
family 
    service plan
team to require the continuation of early 
    intervention services in order to
support
continuing

    developmental progress, pursuant to the child's needs and 
    provided in an
appropriate
developmental manner.  The type, 
    frequency, and intensity of services shall
differ from
the 
    initial individualized family services plan because of the 
    child's
developmental
progress, and may consist of only 
    service coordination, evaluation, and
assessments.

    "Eligible infants and toddlers" includes any child under 
the age of 3 who is the subject of a substantiated case of 
child abuse or neglect as defined in the federal Child Abuse 
Prevention and Treatment Act. 
    (b) "Developmental delay" means a delay in one or more of 
the following
areas of childhood development as measured by 
appropriate diagnostic
instruments and standard procedures: 
cognitive; physical, including vision
and hearing; language, 
speech and communication; social or emotional;
or adaptive.  
The term means a delay of 30% or more below the mean in

function in one or more of those areas.

    (c) "Physical or mental condition which typically results 
in developmental
delay" means:

        (1) a diagnosed medical disorder or exposure to a 
    toxic substance bearing a relatively well known
expectancy 
    for developmental outcomes within varying ranges of 
    developmental
disabilities; or

        (2) a history of prenatal, perinatal, neonatal or 
    early developmental
events suggestive of biological 
    insults to the developing central nervous
system and which 
    either singly or collectively increase the probability of

    developing a disability or delay based on a medical 
    history.

    (d) "Informed clinical opinion" means both clinical 
observations and
parental participation to determine 
eligibility by a consensus of a
multidisciplinary team of 2 or 
more members based on their professional
experience and 
expertise.

    (e) "Early intervention services" means services which:

        (1) are designed to meet the developmental needs of 
    each child
eligible under this Act and the needs of his or 
    her family;

        (2) are selected in collaboration with the child's 
    family;

        (3) are provided under public supervision;

        (4) are provided at no cost except where a schedule of 
    sliding scale
fees or other system of payments by families 
    has been adopted in accordance
with State and federal law;

        (5) are designed to meet an infant's or toddler's 
    developmental needs in
any of the following areas:

            (A) physical development, including vision and 
        hearing,

            (B) cognitive development,

            (C) communication development,

            (D) social or emotional development, or

            (E) adaptive development;

        (6) meet the standards of the State, including the 
    requirements of this Act;

        (7) include one or more of the following:

            (A) family training,

            (B) social work services, including counseling, 
        and home visits,

            (C) special instruction,

            (D) speech, language pathology and audiology,

            (E) occupational therapy,

            (F) physical therapy,

            (G) psychological services,

            (H) service coordination services,

            (I) medical services only for diagnostic or 
        evaluation purposes,

            (J) early identification, screening, and 
        assessment services,

            (K) health services specified by the lead agency 
        as necessary to
enable the infant or toddler to 
        benefit from the other early intervention
services,

            (L) vision services,

            (M) transportation,

            (N) assistive technology devices and services,

            (O) nursing services,
            (P) nutrition services, and
            (Q) sign language and cued language services; 
        (8) are provided by qualified personnel, including but 
    not limited to:

            (A) child development specialists or special 
        educators, including teachers of children with hearing 
        impairments (including deafness) and teachers of 
        children with vision impairments (including 
        blindness),

            (B) speech and language pathologists and 
        audiologists,

            (C) occupational therapists,

            (D) physical therapists,

            (E) social workers,

            (F) nurses,

            (G) dietitian nutritionists,

            (H) vision specialists, including ophthalmologists 
        and optometrists,

            (I) psychologists, and

            (J) physicians;

        (9) are provided in conformity with an Individualized 
    Family Service Plan;

        (10) are provided throughout the year; and

        (11) are provided in natural
environments, to the 
    maximum extent appropriate, which may include the home and 
    community settings, unless justification is provided 
    consistent with federal regulations adopted under Sections 
    1431 through 1444 of Title 20 of the United States Code.

    (f) "Individualized Family Service Plan" or "Plan" means a 
written plan for
providing early intervention services to a 
child eligible under this Act
and the child's family, as set 
forth in Section 11.

    (g) "Local interagency agreement" means an agreement 
entered into by
local community and State and regional 
agencies receiving early
intervention funds directly from the 
State and made in accordance with
State interagency agreements 
providing for the delivery of early
intervention services 
within a local community area.

    (h) "Council" means the Illinois Interagency Council on 
Early
Intervention established under Section 4.

    (i) "Lead agency" means the State agency
responsible for 
administering this Act and
receiving and disbursing public 
funds received in accordance with State and
federal law and 
rules.

    (i-5) "Central billing office" means the central billing 
office created by
the lead agency under Section 13.

    (j) "Child find" means a service which identifies eligible 
infants and
toddlers.

    (k) "Regional intake entity" means the lead agency's 
designated entity
responsible for implementation of the Early 
Intervention Services System within
its designated geographic 
area.

    (l) "Early intervention provider" means an individual who 
is qualified, as
defined by the lead agency, to provide one or 
more types of early intervention
services, and who has 
enrolled as a provider in the early intervention program.

    (m) "Fully credentialed early intervention provider" means 
an individual who
has met the standards in the State 
applicable to the relevant
profession, and has met such other 
qualifications as the lead agency has
determined are suitable 
for personnel providing early intervention services,
including 
pediatric experience, education, and continuing education.  The 
lead
agency shall establish these qualifications by rule filed 
no later than 180
days
after the effective date of this 
amendatory Act of the 92nd General Assembly.

    (n) "Telehealth" has the meaning given to that term in 
Section 5 of the Telehealth Act. 
(Source: P.A. 101-10, eff. 6-5-19; 102-104, eff. 7-22-21.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law, except that Section 5 takes effect on July 1, 
2023.