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91_SB1722
LRB9113008DJcdA
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
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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 $15,000,000 $7,500,000
22 annually for a test program for families who are
23 income-eligible for child care assistance, who are not
24 recipients of TANF under Article IV, and who need child care
25 assistance to participate in education and training
26 activities. The Department shall specify by rule the
27 conditions of eligibility for this test program. It is the
28 intent of the General Assembly that, for fiscal year 1998, to
29 the extent resources permit, the Department shall establish
30 an income eligibility threshold of 50% of the State median
31 income. The State median income must be calculated using
32 data from the most recently completed fiscal year.
33 Notwithstanding the income level at which families become
34 eligible to receive child care assistance, any family that is
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1 already receiving child care assistance on the effective date
2 of this amendatory Act of 1997 shall remain eligible for
3 assistance for fiscal year 1998. Nothing in this Section
4 shall be construed as conferring entitlement status to
5 eligible families. The Illinois Department is authorized to
6 lower income eligibility ceilings, raise parent co-payments,
7 create waiting lists, or take such other actions during a
8 fiscal year as are necessary to ensure that child care
9 benefits paid under this Article do not exceed the amounts
10 appropriated for those child care benefits. These changes
11 may be accomplished by emergency rule under Section 5-45 of
12 the Illinois Administrative Procedure Act, except that the
13 limitation on the number of emergency rules that may be
14 adopted in a 24-month period shall not apply. The Illinois
15 Department may contract with other State agencies or child
16 care organizations for the administration of child care
17 services.
18 (c) Payment shall be made for child care that otherwise
19 meets the requirements of this Section and applicable
20 standards of State and local law and regulation, including
21 any requirements the Illinois Department promulgates by rule
22 in addition to the licensure requirements promulgated by the
23 Department of Children and Family Services and Fire
24 Prevention and Safety requirements promulgated by the Office
25 of the State Fire Marshal and is provided in any of the
26 following:
27 (1) a child care center which is licensed or exempt
28 from licensure pursuant to Section 2.09 of the Child Care
29 Act of 1969;
30 (2) a licensed child care home or home exempt from
31 licensing;
32 (3) a licensed group child care home;
33 (4) other types of child care, including child care
34 provided by relatives or persons living in the same home
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1 as the child, as determined by the Illinois Department by
2 rule.
3 (d) The Illinois Department shall, by rule, require
4 co-payments for child care services by any parent, including
5 parents whose only income is from assistance under this Code.
6 The co-payment shall be assessed based on a sliding scale
7 based on family income, family size, and the number of
8 children in care.
9 (e) The Illinois Department shall conduct a market rate
10 survey based on the cost of care and other relevant factors
11 which shall be completed by July 1, 1998.
12 (f) The Illinois Department shall, by rule, set rates to
13 be paid for the various types of child care. Child care may
14 be provided through one of the following methods:
15 (1) arranging the child care through eligible
16 providers by use of purchase of service contracts or
17 vouchers;
18 (2) arranging with other agencies and community
19 volunteer groups for non-reimbursed child care;
20 (3) (blank); or
21 (4) adopting such other arrangements as the
22 Department determines appropriate.
23 (g) Families eligible for assistance under this Section
24 shall be given the following options:
25 (1) receiving a child care certificate issued by
26 the Department or a subcontractor of the Department that
27 may be used by the parents as payment for child care and
28 development services only; or
29 (2) if space is available, enrolling the child with
30 a child care provider that has a purchase of service
31 contract with the Department or a subcontractor of the
32 Department for the provision of child care and
33 development services. The Department may identify
34 particular priority populations for whom they may request
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1 special consideration by a provider with purchase of
2 service contracts, provided that the providers shall be
3 permitted to maintain a balance of clients in terms of
4 household incomes and families and children with special
5 needs, as defined by rule.
6 (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)
7 Section 99. Effective date. This Act takes effect July
8 1, 2000.