093_HB0294enr HB0294 Enrolled LRB093 03766 DRJ 03801 b 1 AN ACT in relation to public aid. 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; HB0294 Enrolled -2- LRB093 03766 DRJ 03801 b 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. 11 In determining income eligibility for child care 12 benefits, the Department annually, at the beginning of each 13 fiscal year, shall establish, by rule, one income threshold 14 for each family size, in relation to percentage of State 15 median income for a family of that size, that makes families 16 with incomes below the specified threshold eligible for 17 assistance and families with incomes above the specified 18 threshold ineligible for assistance. The specified threshold 19 must be no less than 50% of the then-current State median 20 income for each family size. 21 In determining eligibility for assistance, the Department 22 shall not give preference to any category of recipients or 23 give preference to individuals based on their receipt of 24 benefits under this Code. 25 The Department shall allocate $7,500,000 annually for a 26 test program for families who are income-eligible for child 27 care assistance, who are not recipients of TANF under Article 28 IV, and who need child care assistance to participate in 29 education and training activities. The Department shall 30 specify by rule the conditions of eligibility for this test 31 program.It is the intent of the General Assembly that, for32fiscal year 1998, to the extent resources permit, the33Department shall establish an income eligibility threshold of3450% of the State median income. Notwithstanding the incomeHB0294 Enrolled -3- LRB093 03766 DRJ 03801 b 1level at which families become eligible to receive child care2assistance, any family that is already receiving child care3assistance on the effective date of this amendatory Act of41997 shall remain eligible for assistance for fiscal year51998.6 Nothing in this Section shall be construed as conferring 7 entitlement status to eligible families. 8 The Illinois Department is authorized to lower income 9 eligibility ceilings, raise parent co-payments, create 10 waiting lists, or take such other actions during a fiscal 11 year as are necessary to ensure that child care benefits paid 12 under this Article do not exceed the amounts appropriated for 13 those child care benefits. These changes may be accomplished 14 by emergency rule under Section 5-45 of the Illinois 15 Administrative Procedure Act, except that the limitation on 16 the number of emergency rules that may be adopted in a 17 24-month period shall not apply. 18 The Illinois Department may contract with other State 19 agencies or child care organizations for the administration 20 of child care services. 21 (c) Payment shall be made for child care that otherwise 22 meets the requirements of this Section and applicable 23 standards of State and local law and regulation, including 24 any requirements the Illinois Department promulgates by rule 25 in addition to the licensure requirements promulgated by the 26 Department of Children and Family Services and Fire 27 Prevention and Safety requirements promulgated by the Office 28 of the State Fire Marshal and is provided in any of the 29 following: 30 (1) a child care center which is licensed or exempt 31 from licensure pursuant to Section 2.09 of the Child Care 32 Act of 1969; 33 (2) a licensed child care home or home exempt from 34 licensing; HB0294 Enrolled -4- LRB093 03766 DRJ 03801 b 1 (3) a licensed group child care home; 2 (4) other types of child care, including child care 3 provided by relatives or persons living in the same home 4 as the child, as determined by the Illinois Department by 5 rule. 6 (d) The Illinois Department shall, by rule, require 7 co-payments for child care services by any parent, including 8 parents whose only income is from assistance under this Code. 9 The co-payment shall be assessed based on a sliding scale 10 based on family income, family size, and the number of 11 children in care. Co-payments shall not be increased due 12 solely to a change in the methodology for counting family 13 income. 14 (e) The Illinois Department shall conduct a market rate 15 survey based on the cost of care and other relevant factors 16 which shall be completed by July 1, 1998. 17 (f) The Illinois Department shall, by rule, set rates to 18 be paid for the various types of child care. Child care may 19 be provided through one of the following methods: 20 (1) arranging the child care through eligible 21 providers by use of purchase of service contracts or 22 vouchers; 23 (2) arranging with other agencies and community 24 volunteer groups for non-reimbursed child care; 25 (3) (blank); or 26 (4) adopting such other arrangements as the 27 Department determines appropriate. 28 (g) Families eligible for assistance under this Section 29 shall be given the following options: 30 (1) receiving a child care certificate issued by 31 the Department or a subcontractor of the Department that 32 may be used by the parents as payment for child care and 33 development services only; or 34 (2) if space is available, enrolling the child with HB0294 Enrolled -5- LRB093 03766 DRJ 03801 b 1 a child care provider that has a purchase of service 2 contract with the Department or a subcontractor of the 3 Department for the provision of child care and 4 development services. The Department may identify 5 particular priority populations for whom they may request 6 special consideration by a provider with purchase of 7 service contracts, provided that the providers shall be 8 permitted to maintain a balance of clients in terms of 9 household incomes and families and children with special 10 needs, as defined by rule. 11 (Source: P.A. 90-17, eff. 7-1-97; 91-509, eff. 1-1-00.) 12 Section 99. Effective date. This Act takes effect on 13 September 1, 2003.