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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB2217enr HB2217 Enrolled 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 Enrolled -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. In determining 18 eligibility for assistance, the Department shall not give 19 preference to any category of recipients or give preference 20 to individuals based on their receipt of benefits under this 21 Code. The Department shall allocate $7,500,000 annually for a 22 test program for families who are income-eligible for child 23 care assistance, who are not recipients of TANF under Article 24 IV, and who need child care assistance to participate in 25 education and training activities. The Department shall 26 specify by rule the conditions of eligibility for this test 27 program. It is the intent of the General Assembly that, for 28 fiscal year 1998, to the extent resources permit, the 29 Department shall establish an income eligibility threshold of 30 50% of the State median income. Notwithstanding the income 31 level at which families become eligible to receive child care 32 assistance, any family that is already receiving child care 33 assistance on the effective date of this amendatory Act of 34 1997 shall remain eligible for assistance for fiscal year HB2217 Enrolled -3- LRB9104865DJcb 1 1998. Nothing in this Section shall be construed as 2 conferring entitlement status to eligible families. The 3 Illinois Department is authorized to lower income eligibility 4 ceilings, raise parent co-payments, create waiting lists, or 5 take such other actions during a fiscal year as are necessary 6 to ensure that child care benefits paid under this Article do 7 not exceed the amounts appropriated for those child care 8 benefits. These changes may be accomplished by emergency 9 rule under Section 5-45 of the Illinois Administrative 10 Procedure Act, except that the limitation on the number of 11 emergency rules that may be adopted in a 24-month period 12 shall not apply. The Illinois Department may contract with 13 other State agencies or child care organizations for the 14 administration of child care services. 15 (c) Payment shall be made for child care that otherwise 16 meets the requirements of this Section and applicable 17 standards of State and local law and regulation, including 18 any requirements the Illinois Department promulgates by rule 19 in addition to the licensure requirements promulgated by the 20 Department of Children and Family Services and Fire 21 Prevention and Safety requirements promulgated by the Office 22 of the State Fire Marshal and is provided in any of the 23 following: 24 (1) a child care center which is licensed or exempt 25 from licensure pursuant to Section 2.09 of the Child Care 26 Act of 1969; 27 (2) a licensed child care home or home exempt from 28 licensing; 29 (3) a licensed group child care home; 30 (4) other types of child care, including child care 31 provided by relatives or persons living in the same home 32 as the child, as determined by the Illinois Department by 33 rule. 34 (d) The Illinois Department shall, by rule, require HB2217 Enrolled -4- LRB9104865DJcb 1 co-payments for child care services by any parent, including 2 parents whose only income is from assistance under this Code. 3 The co-payment shall be assessed based on a sliding scale 4 based on family income, family size, and the number of 5 children in care. 6 (e) The Illinois Department shall conduct a market rate 7 survey based on the cost of care and other relevant factors 8 which shall be completed by July 1, 1998. 9 (f) The Illinois Department shall, by rule, set rates to 10 be paid for the various types of child care. Child care may 11 be provided through one of the following methods: 12 (1) arranging the child care through eligible 13 providers by use of purchase of service contracts or 14 vouchers; 15 (2) arranging with other agencies and community 16 volunteer groups for non-reimbursed child care; 17 (3) (blank); or 18 (4) adopting such other arrangements as the 19 Department determines appropriate. 20 (g) Families eligible for assistance under this Section 21 shall be given the following options: 22 (1) receiving a child care certificate issued by 23 the Department or a subcontractor of the Department that 24 may be used by the parents as payment for child care and 25 development services only; or 26 (2) if space is available, enrolling the child with 27 a child care provider that has a purchase of service 28 contract with the Department or a subcontractor of the 29 Department for the provision of child care and 30 development services. The Department may identify 31 particular priority populations for whom they may request 32 special consideration by a provider with purchase of 33 service contracts, provided that the providers shall be 34 permitted to maintain a balance of clients in terms of HB2217 Enrolled -5- LRB9104865DJcb 1 household incomes and families and children with special 2 needs, as defined by rule. 3 (Source: P.A. 90-17, eff. 7-1-97.)