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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB2217eng HB2217 Engrossed LRB9104865DJcb 1 AN ACT to amend the Illinois Public Aid Code by changing 2 Section 9A-11. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Public Aid Code is amended by 6 changing Section 9A-11 as follows: 7 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) 8 Sec. 9A-11. Child Care. 9 (a) The General Assembly recognizes that families with 10 children need child care in order to work. Child care is 11 expensive and families with low incomes, including those who 12 are transitioning from welfare to work, often struggle to pay 13 the costs of day care. The General Assembly understands the 14 importance of helping low income working families become and 15 remain self-sufficient. The General Assembly also believes 16 that it is the responsibility of families to share in the 17 costs of child care. It is also the preference of the 18 General Assembly that all working poor families should be 19 treated equally, regardless of their welfare status. 20 (b) To the extent resources permit, the Illinois 21 Department shall provide child care services to parents or 22 other relatives as defined by rule who are working or 23 participating in employment or Department approved education 24 or training programs. At a minimum, the Illinois Department 25 shall cover the following categories of families: 26 (1) recipients of TANF under Article IV 27 participating in work and training activities as 28 specified in the personal plan for employment and 29 self-sufficiency; 30 (2) families transitioning from TANF to work; 31 (3) families at risk of becoming recipients of HB2217 Engrossed -2- LRB9104865DJcb 1 TANF; 2 (4) families with special needs as defined by rule; 3 and 4 (5) working families with very low incomes as 5 defined by rule. 6 The Department shall specify by rule the conditions of 7 eligibility, the application process, and the types, amounts, 8 and duration of services. Eligibility for child care 9 benefits and the amount of child care provided may vary based 10 on family size, income, and other factors as specified by 11 rule. In determining income eligibility for child care 12 benefits, the Department shall establish, by rule, one income 13 threshold for each family size, in relation to percentage of 14 State median income for a family of that size, that makes 15 families with incomes below the specified threshold eligible 16 for assistance and families with incomes above the specified 17 threshold ineligible for assistance. Families that are 18 income-eligible under this paragraph and that are not 19 recipients of TANF under Article IV shall be eligible to 20 receive child care assistance for the same range of work and 21 training activities as are available to recipients of TANF 22 under Article IV and shall be subject to no more restrictive 23 criteria than are applicable to recipients of TANF under 24 Article IV. In determining eligibility for assistance, the 25 Department shall not give preference to any category of 26 recipients or give preference to individuals based on their 27 receipt of benefits under this Code. It is the intent of the 28 General Assembly that, for fiscal year 1998, to the extent 29 resources permit, the Department shall establish an income 30 eligibility threshold of 50% of the State median income. 31 Notwithstanding the income level at which families become 32 eligible to receive child care assistance, any family that is 33 already receiving child care assistance on the effective date 34 of this amendatory Act of 1997 shall remain eligible for HB2217 Engrossed -3- LRB9104865DJcb 1 assistance for fiscal year 1998. Nothing in this Section 2 shall be construed as conferring entitlement status to 3 eligible families. The Illinois Department is authorized to 4 lower income eligibility ceilings, raise parent co-payments, 5 create waiting lists, or take such other actions during a 6 fiscal year as are necessary to ensure that child care 7 benefits paid under this Article do not exceed the amounts 8 appropriated for those child care benefits. These changes 9 may be accomplished by emergency rule under Section 5-45 of 10 the Illinois Administrative Procedure Act, except that the 11 limitation on the number of emergency rules that may be 12 adopted in a 24-month period shall not apply. The Illinois 13 Department may contract with other State agencies or child 14 care organizations for the administration of child care 15 services. 16 (c) Payment shall be made for child care that otherwise 17 meets the requirements of this Section and applicable 18 standards of State and local law and regulation, including 19 any requirements the Illinois Department promulgates by rule 20 in addition to the licensure requirements promulgated by the 21 Department of Children and Family Services and Fire 22 Prevention and Safety requirements promulgated by the Office 23 of the State Fire Marshal and is provided in any of the 24 following: 25 (1) a child care center which is licensed or exempt 26 from licensure pursuant to Section 2.09 of the Child Care 27 Act of 1969; 28 (2) a licensed child care home or home exempt from 29 licensing; 30 (3) a licensed group child care home; 31 (4) other types of child care, including child care 32 provided by relatives or persons living in the same home 33 as the child, as determined by the Illinois Department by 34 rule. HB2217 Engrossed -4- LRB9104865DJcb 1 (d) The Illinois Department shall, by rule, require 2 co-payments for child care services by any parent, including 3 parents whose only income is from assistance under this Code. 4 The co-payment shall be assessed based on a sliding scale 5 based on family income, family size, and the number of 6 children in care. 7 (e) The Illinois Department shall conduct a market rate 8 survey based on the cost of care and other relevant factors 9 which shall be completed by July 1, 1998. 10 (f) The Illinois Department shall, by rule, set rates to 11 be paid for the various types of child care. Child care may 12 be provided through one of the following methods: 13 (1) arranging the child care through eligible 14 providers by use of purchase of service contracts or 15 vouchers; 16 (2) arranging with other agencies and community 17 volunteer groups for non-reimbursed child care; 18 (3) (blank); or 19 (4) adopting such other arrangements as the 20 Department determines appropriate. 21 (g) Families eligible for assistance under this Section 22 shall be given the following options: 23 (1) receiving a child care certificate issued by 24 the Department or a subcontractor of the Department that 25 may be used by the parents as payment for child care and 26 development services only; or 27 (2) if space is available, enrolling the child with 28 a child care provider that has a purchase of service 29 contract with the Department or a subcontractor of the 30 Department for the provision of child care and 31 development services. The Department may identify 32 particular priority populations for whom they may request 33 special consideration by a provider with purchase of 34 service contracts, provided that the providers shall be HB2217 Engrossed -5- LRB9104865DJcb 1 permitted to maintain a balance of clients in terms of 2 household incomes and families and children with special 3 needs, as defined by rule. 4 (Source: P.A. 90-17, eff. 7-1-97.)