101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4801

 

Introduced 2/18/2020, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/9A-11  from Ch. 23, par. 9A-11

    Amends the Illinois Public Aid Code. In provisions concerning the Department of Human Services' Child Care Assistance Program, requires the Department to update the Child Care Assistance Program Eligibility Calculator posted on the Department's website to include a question on whether a family is applying for child care assistance for the first time or is applying for a redetermination of eligibility.


LRB101 18923 KTG 68382 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4801LRB101 18923 KTG 68382 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing 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
9children need child care in order to work. Child care is
10expensive and families with low incomes, including those who
11are transitioning from welfare to work, often struggle to pay
12the costs of day care. The General Assembly understands the
13importance of helping low-income working families become and
14remain self-sufficient. The General Assembly also believes
15that it is the responsibility of families to share in the costs
16of child care. It is also the preference of the General
17Assembly that all working poor families should be treated
18equally, regardless of their welfare status.
19    (b) To the extent resources permit, the Illinois Department
20shall provide child care services to parents or other relatives
21as defined by rule who are working or participating in
22employment or Department approved education or training
23programs. At a minimum, the Illinois Department shall cover the

 

 

HB4801- 2 -LRB101 18923 KTG 68382 b

1following categories of families:
2        (1) recipients of TANF under Article IV participating
3    in work and training activities as specified in the
4    personal plan for employment and self-sufficiency;
5        (2) families transitioning from TANF to work;
6        (3) families at risk of becoming recipients of TANF;
7        (4) families with special needs as defined by rule;
8        (5) working families with very low incomes as defined
9    by rule;
10        (6) families that are not recipients of TANF and that
11    need child care assistance to participate in education and
12    training activities; and
13        (7) families with children under the age of 5 who have
14    an open intact family services case with the Department of
15    Children and Family Services. Any family that receives
16    child care assistance in accordance with this paragraph
17    shall remain eligible for child care assistance 6 months
18    after the child's intact family services case is closed,
19    regardless of whether the child's parents or other
20    relatives as defined by rule are working or participating
21    in Department approved employment or education or training
22    programs. The Department of Human Services, in
23    consultation with the Department of Children and Family
24    Services, shall adopt rules to protect the privacy of
25    families who are the subject of an open intact family
26    services case when such families enroll in child care

 

 

HB4801- 3 -LRB101 18923 KTG 68382 b

1    services. Additional rules shall be adopted to offer
2    children who have an open intact family services case the
3    opportunity to receive an Early Intervention screening and
4    other services that their families may be eligible for as
5    provided by the Department of Human Services.
6    The Department shall specify by rule the conditions of
7eligibility, the application process, and the types, amounts,
8and duration of services. Eligibility for child care benefits
9and the amount of child care provided may vary based on family
10size, income, and other factors as specified by rule.
11    The Department shall update the Child Care Assistance
12Program Eligibility Calculator posted on its website to include
13a question on whether a family is applying for child care
14assistance for the first time or is applying for a
15redetermination of eligibility.
16    A family's eligibility for child care services shall be
17redetermined no sooner than 12 months following the initial
18determination or most recent redetermination. During the
1912-month periods, the family shall remain eligible for child
20care services regardless of (i) a change in family income,
21unless family income exceeds 85% of State median income, or
22(ii) a temporary change in the ongoing status of the parents or
23other relatives, as defined by rule, as working or attending a
24job training or educational program.
25    In determining income eligibility for child care benefits,
26the Department annually, at the beginning of each fiscal year,

 

 

HB4801- 4 -LRB101 18923 KTG 68382 b

1shall establish, by rule, one income threshold for each family
2size, in relation to percentage of State median income for a
3family of that size, that makes families with incomes below the
4specified threshold eligible for assistance and families with
5incomes above the specified threshold ineligible for
6assistance. Through and including fiscal year 2007, the
7specified threshold must be no less than 50% of the
8then-current State median income for each family size.
9Beginning in fiscal year 2008, the specified threshold must be
10no less than 185% of the then-current federal poverty level for
11each family size. Notwithstanding any other provision of law or
12administrative rule to the contrary, beginning in fiscal year
132019, the specified threshold for working families with very
14low incomes as defined by rule must be no less than 185% of the
15then-current federal poverty level for each family size.
16    In determining eligibility for assistance, the Department
17shall not give preference to any category of recipients or give
18preference to individuals based on their receipt of benefits
19under this Code.
20    Nothing in this Section shall be construed as conferring
21entitlement status to eligible families.
22    The Illinois Department is authorized to lower income
23eligibility ceilings, raise parent co-payments, create waiting
24lists, or take such other actions during a fiscal year as are
25necessary to ensure that child care benefits paid under this
26Article do not exceed the amounts appropriated for those child

 

 

HB4801- 5 -LRB101 18923 KTG 68382 b

1care benefits. These changes may be accomplished by emergency
2rule under Section 5-45 of the Illinois Administrative
3Procedure Act, except that the limitation on the number of
4emergency rules that may be adopted in a 24-month period shall
5not apply.
6    The Illinois Department may contract with other State
7agencies or child care organizations for the administration of
8child care services.
9    (c) Payment shall be made for child care that otherwise
10meets the requirements of this Section and applicable standards
11of State and local law and regulation, including any
12requirements the Illinois Department promulgates by rule in
13addition to the licensure requirements promulgated by the
14Department of Children and Family Services and Fire Prevention
15and Safety requirements promulgated by the Office of the State
16Fire Marshal, and is provided in any of the following:
17        (1) a child care center which is licensed or exempt
18    from licensure pursuant to Section 2.09 of the Child Care
19    Act of 1969;
20        (2) a licensed child care home or home exempt from
21    licensing;
22        (3) a licensed group child care home;
23        (4) other types of child care, including child care
24    provided by relatives or persons living in the same home as
25    the child, as determined by the Illinois Department by
26    rule.

 

 

HB4801- 6 -LRB101 18923 KTG 68382 b

1    (c-5) Solely for the purposes of coverage under the
2Illinois Public Labor Relations Act, child and day care home
3providers, including licensed and license exempt,
4participating in the Department's child care assistance
5program shall be considered to be public employees and the
6State of Illinois shall be considered to be their employer as
7of January 1, 2006 (the effective date of Public Act 94-320),
8but not before. The State shall engage in collective bargaining
9with an exclusive representative of child and day care home
10providers participating in the child care assistance program
11concerning their terms and conditions of employment that are
12within the State's control. Nothing in this subsection shall be
13understood to limit the right of families receiving services
14defined in this Section to select child and day care home
15providers or supervise them within the limits of this Section.
16The State shall not be considered to be the employer of child
17and day care home providers for any purposes not specifically
18provided in Public Act 94-320, including, but not limited to,
19purposes of vicarious liability in tort and purposes of
20statutory retirement or health insurance benefits. Child and
21day care home providers shall not be covered by the State
22Employees Group Insurance Act of 1971.
23    In according child and day care home providers and their
24selected representative rights under the Illinois Public Labor
25Relations Act, the State intends that the State action
26exemption to application of federal and State antitrust laws be

 

 

HB4801- 7 -LRB101 18923 KTG 68382 b

1fully available to the extent that their activities are
2authorized by Public Act 94-320.
3    (d) The Illinois Department shall establish, by rule, a
4co-payment scale that provides for cost sharing by families
5that receive child care services, including parents whose only
6income is from assistance under this Code. The co-payment shall
7be based on family income and family size and may be based on
8other factors as appropriate. Co-payments may be waived for
9families whose incomes are at or below the federal poverty
10level.
11    (d-5) The Illinois Department, in consultation with its
12Child Care and Development Advisory Council, shall develop a
13plan to revise the child care assistance program's co-payment
14scale. The plan shall be completed no later than February 1,
152008, and shall include:
16        (1) findings as to the percentage of income that the
17    average American family spends on child care and the
18    relative amounts that low-income families and the average
19    American family spend on other necessities of life;
20        (2) recommendations for revising the child care
21    co-payment scale to assure that families receiving child
22    care services from the Department are paying no more than
23    they can reasonably afford;
24        (3) recommendations for revising the child care
25    co-payment scale to provide at-risk children with complete
26    access to Preschool for All and Head Start; and

 

 

HB4801- 8 -LRB101 18923 KTG 68382 b

1        (4) recommendations for changes in child care program
2    policies that affect the affordability of child care.
3    (e) (Blank).
4    (f) The Illinois Department shall, by rule, set rates to be
5paid for the various types of child care. Child care may be
6provided through one of the following methods:
7        (1) arranging the child care through eligible
8    providers by use of purchase of service contracts or
9    vouchers;
10        (2) arranging with other agencies and community
11    volunteer groups for non-reimbursed child care;
12        (3) (blank); or
13        (4) adopting such other arrangements as the Department
14    determines appropriate.
15    (f-1) Within 30 days after June 4, 2018 (the effective date
16of Public Act 100-587), the Department of Human Services shall
17establish rates for child care providers that are no less than
18the rates in effect on January 1, 2018 increased by 4.26%.
19    (f-5) (Blank).
20    (g) Families eligible for assistance under this Section
21shall be given the following options:
22        (1) receiving a child care certificate issued by the
23    Department or a subcontractor of the Department that may be
24    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 a

 

 

HB4801- 9 -LRB101 18923 KTG 68382 b

1    child care provider that has a purchase of service contract
2    with the Department or a subcontractor of the Department
3    for the provision of child care and development services.
4    The Department may identify particular priority
5    populations for whom they may request special
6    consideration by a provider with purchase of service
7    contracts, provided that the providers shall be permitted
8    to maintain a balance of clients in terms of household
9    incomes and families and children with special needs, as
10    defined by rule.
11(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
12100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
138-17-18; 101-81, eff. 7-12-19.)