093_HB0294sam003
LRB093 03766 RLC 15410 a
1 AMENDMENT TO HOUSE BILL 294
2 AMENDMENT NO. . Amend House Bill 294 by replacing
3 everything after the enacting clause with the following:
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
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1 or training programs. At a minimum, the Illinois Department
2 shall cover the following categories of families:
3 (1) recipients of TANF under Article IV
4 participating in work and training activities as
5 specified in the personal plan for employment and
6 self-sufficiency;
7 (2) families transitioning from TANF to work;
8 (3) families at risk of becoming recipients of
9 TANF;
10 (4) families with special needs as defined by rule;
11 and
12 (5) working families with very low incomes as
13 defined by rule.
14 The Department shall specify by rule the conditions of
15 eligibility, the application process, and the types, amounts,
16 and duration of services. Eligibility for child care
17 benefits and the amount of child care provided may vary based
18 on family size, income, and other factors as specified by
19 rule. In determining income eligibility for child care
20 benefits, the Department shall establish, by rule, one income
21 threshold for each family size, in relation to percentage of
22 State median income for a family of that size, that makes
23 families with incomes below the specified threshold eligible
24 for assistance and families with incomes above the specified
25 threshold ineligible for assistance. In determining
26 eligibility for assistance, the Department shall not give
27 preference to any category of recipients or give preference
28 to individuals based on their receipt of benefits under this
29 Code. The Department shall allocate $7,500,000 annually for a
30 test program for families who are income-eligible for child
31 care assistance, who are not recipients of TANF under Article
32 IV, and who need child care assistance to participate in
33 education and training activities. The Department shall
34 specify by rule the conditions of eligibility for this test
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1 program. It is the intent of the General Assembly that, for
2 fiscal year 1998, to the extent resources permit, the
3 Department shall establish an income eligibility threshold of
4 50% of the State median income. Notwithstanding the income
5 level at which families become eligible to receive child care
6 assistance, any family that is already receiving child care
7 assistance on the effective date of this amendatory Act of
8 1997 shall remain eligible for assistance for fiscal year
9 1998. Nothing in this Section shall be construed as
10 conferring entitlement status to eligible families. The
11 Illinois Department is authorized to lower income eligibility
12 ceilings, raise parent co-payments, create waiting lists, or
13 take such other actions during a fiscal year as are necessary
14 to ensure that child care benefits paid under this Article do
15 not exceed the amounts appropriated for those child care
16 benefits. These changes may be accomplished by emergency
17 rule under Section 5-45 of the Illinois Administrative
18 Procedure Act, except that the limitation on the number of
19 emergency rules that may be adopted in a 24-month period
20 shall not apply. The Illinois Department may contract with
21 other State agencies or child care organizations for the
22 administration of child care services.
23 (c) Payment shall be made for child care that (i)
24 otherwise meets the requirements of this Section and
25 applicable standards of State and local law and regulation,
26 including any requirements the Illinois Department
27 promulgates by rule in addition to the licensure requirements
28 promulgated by the Department of Children and Family Services
29 and Fire Prevention and Safety requirements promulgated by
30 the Office of the State Fire Marshal, and (ii) is provided in
31 any of the following:
32 (1) a child care center that which is licensed or
33 exempt from licensure pursuant to Section 2.09 of the
34 Child Care Act of 1969;
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1 (2) a licensed child care home or home exempt from
2 licensing;
3 (3) a licensed group child care home;
4 (4) other types of child care, including child care
5 provided by relatives or persons living in the same home
6 as the child, as determined by the Illinois Department by
7 rule.
8 (d) The Illinois Department shall, by rule, require
9 co-payments for child care services by any parent, including
10 parents whose only income is from assistance under this Code.
11 The co-payment shall be assessed based on a sliding scale
12 based on family income, family size, and the number of
13 children in care.
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
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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.)".