Public Act 097-0422
 
SB1236 EnrolledLRB097 02927 KTG 43007 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 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; and


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

    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.

    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.

    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.

    The Department shall allocate $7,500,000 annually for a 
test program for
families who are income-eligible for child 
care assistance, who
are not recipients of TANF under Article 
IV, and who need child care assistance
to participate in 
education and training activities.  The
Department shall 
specify by rule the conditions of eligibility for this test

program.

    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 the effective date of this amendatory Act of the 94th 
General Assembly, 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 this amendatory Act of 
the 94th General Assembly, 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 this amendatory Act of the 94th General Assembly.

    (d) The Illinois Department shall establish, by rule, a 
co-payment scale that provides for cost sharing by families 
that receive require co-payments for
child care services by any 
parent, including parents whose only income is from
assistance 
under this Code.  The co-payment shall be assessed based on a

sliding scale based on family income and , family size, and may 
be based on other factors as appropriate the number of
children 
in care.  Co-payments may be waived for families whose incomes 
are at or below the federal poverty level shall not be 
increased due solely to a change
in the methodology for 
counting family income.

    (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-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. 94-320, eff. 1-1-06; 95-206, eff. 8-16-07; 
95-322, eff. 1-1-08; 95-876, eff. 8-21-08.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.