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92_HB1929eng HB1929 Engrossed LRB9205764LDpr 1 AN ACT in relation to child care. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Section 9A-11 as follows: 6 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) 7 Sec. 9A-11. Child Care. 8 (a) The General Assembly recognizes that families with 9 children need child care in order to work. Child care is 10 expensive and families with low incomes, including those who 11 are transitioning from welfare to work, often struggle to pay 12 the costs of day care. The General Assembly understands the 13 importance of helping low income working families become and 14 remain self-sufficient. The General Assembly also believes 15 that it is the responsibility of families to share in the 16 costs of child care. It is also the preference of the 17 General Assembly that all working poor families should be 18 treated equally, regardless of their welfare status. 19 (b) To the extent resources permit, the Illinois 20 Department shall provide child care services to parents or 21 other relatives as defined by rule who are working or 22 participating in employment or Department approved education 23 or training programs. At a minimum, the Illinois Department 24 shall cover the following categories of families: 25 (1) recipients of TANF under Article IV 26 participating in work and training activities as 27 specified in the personal plan for employment and 28 self-sufficiency; 29 (2) families transitioning from TANF to work; 30 (3) families at risk of becoming recipients of 31 TANF; HB1929 Engrossed -2- LRB9205764LDpr 1 (4) families with special needs as defined by rule; 2 and 3 (5) working families with very low incomes as 4 defined by rule. 5 The Department shall specify by rule the conditions of 6 eligibility, the application process, and the types, amounts, 7 and duration of services. Eligibility for child care 8 benefits and the amount of child care provided may vary based 9 on family size, income, and other factors as specified by 10 rule. In determining income eligibility for child care 11 benefits, the Department annually at the beginning of the 12 fiscal year shall establish, by rule, one income threshold 13 for each family size, in relation to percentage of State 14 median income for a family of that size, which shall be no 15 less than 55% of the then-current State median income for 16 such families, that makes families with incomes below the 17 specified threshold eligible for assistance and families with 18 incomes above the specified threshold ineligible for 19 assistance. In determining eligibility for assistance, the 20 Department shall not give preference to any category of 21 recipients or give preference to individuals based on their 22 receipt of benefits under this Code. The Department shall 23 allocate $7,500,000 annually for a test program for families 24 who are income-eligible for child care assistance, who are 25 not recipients of TANF under Article IV, and who need child 26 care assistance to participate in education and training 27 activities. The Department shall specify by rule the 28 conditions of eligibility for this test program.It is the29intent of the General Assembly that, for fiscal year 1998, to30the extent resources permit, the Department shall establish31an income eligibility threshold of 50% of the State median32income. Notwithstanding the income level at which families33become eligible to receive child care assistance, any family34that is already receiving child care assistance on theHB1929 Engrossed -3- LRB9205764LDpr 1effective date of this amendatory Act of 1997 shall remain2eligible for assistance for fiscal year 1998.Nothing in 3 this Section shall be construed as conferring entitlement 4 status to eligible families. The Illinois Department is 5 authorized to lower income eligibility ceilings, raise parent 6 co-payments, create waiting lists, or take such other actions 7 during a fiscal year as are necessary to ensure that child 8 care benefits paid under this Article do not exceed the 9 amounts appropriated for those child care benefits. These 10 changes may be accomplished by emergency rule under Section 11 5-45 of the Illinois Administrative Procedure Act, except 12 that the limitation on the number of emergency rules that may 13 be adopted in a 24-month period shall not apply. The 14 Illinois Department may contract with other State agencies or 15 child care organizations for the administration of child care 16 services. 17 (c) Payment shall be made for child care that otherwise 18 meets the requirements of this Section and applicable 19 standards of State and local law and regulation, including 20 any requirements the Illinois Department promulgates by rule 21 in addition to the licensure requirements promulgated by the 22 Department of Children and Family Services and Fire 23 Prevention and Safety requirements promulgated by the Office 24 of the State Fire Marshal and is provided in any of the 25 following: 26 (1) a child care center which is licensed or exempt 27 from licensure pursuant to Section 2.09 of the Child Care 28 Act of 1969; 29 (2) a licensed child care home or home exempt from 30 licensing; 31 (3) a licensed group child care home; 32 (4) other types of child care, including child care 33 provided by relatives or persons living in the same home 34 as the child, as determined by the Illinois Department by HB1929 Engrossed -4- LRB9205764LDpr 1 rule. 2 (d) The Illinois Department shall, by rule, require 3 co-payments for child care services by any parent, including 4 parents whose only income is from assistance under this Code. 5 The co-payment shall be assessed based on a sliding scale 6 based on family income, family size, and the number of 7 children in care. Co-payments shall not be increased due 8 solely to a fiscal year 2002 change in the methodology for 9 counting family income. 10 (e) The Illinois Department shall conduct a market rate 11 survey based on the cost of care and other relevant factors 12 which shall be completed by July 1, 1998. 13 (f) The Illinois Department shall, by rule, set rates to 14 be paid for the various types of child care. Child care may 15 be provided through one of the following methods: 16 (1) arranging the child care through eligible 17 providers by use of purchase of service contracts or 18 vouchers; 19 (2) arranging with other agencies and community 20 volunteer groups for non-reimbursed child care; 21 (3) (blank); or 22 (4) adopting such other arrangements as the 23 Department determines appropriate. 24 (g) Families eligible for assistance under this Section 25 shall be given the following options: 26 (1) receiving a child care certificate issued by 27 the Department or a subcontractor of the Department that 28 may be used by the parents as payment for child care and 29 development services only; or 30 (2) if space is available, enrolling the child with 31 a child care provider that has a purchase of service 32 contract with the Department or a subcontractor of the 33 Department for the provision of child care and 34 development services. The Department may identify HB1929 Engrossed -5- LRB9205764LDpr 1 particular priority populations for whom they may request 2 special consideration by a provider with purchase of 3 service contracts, provided that the providers shall be 4 permitted to maintain a balance of clients in terms of 5 household incomes and families and children with special 6 needs, as defined by rule. 7 (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.)