Full Text of SB3747 102nd General Assembly
SB3747eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 15. 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 costs | 16 | | of child care.
It is also the preference of the General | 17 | | Assembly that all working poor
families should be treated | 18 | | 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 |
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| 1 | | shall
cover the following 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) foster parents or caregivers of youth in care as | 14 | | defined in Section 4d of the Children and Family Services | 15 | | Act, regardless of whether they are working or | 16 | | participating in Department-approved employment or | 17 | | education or training programs. Assistance provided under | 18 | | this paragraph shall be for the care of the youth in care; | 19 | | (8) youth in care, as defined in Section 4d of the | 20 | | Children and Family Services Act, who are parents, | 21 | | regardless of whether they are working or participating in | 22 | | Department-approved employment or education or training | 23 | | programs. Any family that receives child care assistance | 24 | | in accordance with this paragraph shall receive one | 25 | | additional 12-month child care eligibility period after | 26 | | the parenting youth in care's case with the Department of |
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| 1 | | Children and Family Services is closed, regardless of | 2 | | whether they are working or participating in | 3 | | Department-approved employment or education or training | 4 | | programs; | 5 | | (9) parents who have custody of their children and | 6 | | their children are the subjects of pending cases under | 7 | | Article II of the Juvenile Court Act of 1987, regardless | 8 | | of whether they are working or participating in | 9 | | Department-approved employment or education or training | 10 | | programs. Any family that receives child care assistance | 11 | | in accordance with this paragraph shall remain eligible | 12 | | for child care assistance 6 months after the child's case | 13 | | under Article II of the Juvenile Court Act of 1987 is | 14 | | closed, regardless of whether the child's parents are | 15 | | working or participating in Department-approved employment | 16 | | or education or training programs; | 17 | | (10) (7) families with children under the age of 5 who | 18 | | have an open intact family services case with the | 19 | | Department of Children and Family Services. Any family | 20 | | that receives child care assistance in accordance with | 21 | | this paragraph shall remain eligible for child care | 22 | | assistance 6 months after the child's intact family | 23 | | services case is closed, regardless of whether the child's | 24 | | parents or other relatives as defined by rule are working | 25 | | or participating in Department approved employment or | 26 | | education or training programs. The Department of Human |
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| 1 | | Services, in consultation with the Department of Children | 2 | | and Family Services, shall adopt rules to protect the | 3 | | privacy of families who are the subject of an open intact | 4 | | family services case when such families enroll in child | 5 | | care services. Additional rules shall be adopted to offer | 6 | | children who have an open intact family services case the | 7 | | opportunity to receive an Early Intervention screening and | 8 | | other services that their families may be eligible for as | 9 | | provided by the Department of Human Services ; and . | 10 | | (11) families receiving Extended Family Support | 11 | | Program services from the Department of Children and | 12 | | Family Services, regardless of whether they are working or | 13 | | participating in Department-approved employment or | 14 | | education or training programs. | 15 | | The Department shall specify by rule the conditions of | 16 | | eligibility, the
application process, and the types, amounts, | 17 | | and duration of services.
Eligibility for
child care benefits | 18 | | and the amount of child care provided may vary based on
family | 19 | | size, income,
and other factors as specified by rule.
| 20 | | The Department shall update the Child Care Assistance | 21 | | Program Eligibility Calculator posted on its website to | 22 | | include a question on whether a family is applying for child | 23 | | care assistance for the first time or is applying for a | 24 | | redetermination of eligibility. | 25 | | A family's eligibility for child care services shall be | 26 | | redetermined no sooner than 12 months following the initial |
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| 1 | | determination or most recent redetermination. During the | 2 | | 12-month periods, the family shall remain eligible for child | 3 | | care services regardless of (i) a change in family income, | 4 | | unless family income exceeds 85% of State median income, or | 5 | | (ii) a temporary change in the ongoing status of the parents or | 6 | | other relatives, as defined by rule, as working or attending a | 7 | | job training or educational program. | 8 | | In determining income eligibility for child care benefits, | 9 | | the Department
annually, at the beginning of each fiscal year, | 10 | | shall
establish, by rule, one income threshold for each family | 11 | | size, in relation to
percentage of State median income for a | 12 | | family of that size, that makes
families with incomes below | 13 | | the specified threshold eligible for assistance
and families | 14 | | with incomes above the specified threshold ineligible for
| 15 | | assistance. Through and including fiscal year 2007, the | 16 | | specified threshold must be no less than 50% of the
| 17 | | then-current State median income for each family size. | 18 | | Beginning in fiscal year 2008, the specified threshold must be | 19 | | no less than 185% of the then-current federal poverty level | 20 | | for each family size. Notwithstanding any other provision of | 21 | | law or administrative rule to the contrary, beginning in | 22 | | fiscal year 2019, the specified threshold for working families | 23 | | with very low incomes as defined by rule must be no less than | 24 | | 185% of the then-current federal poverty level for each family | 25 | | size. Notwithstanding any other provision of law or | 26 | | administrative rule to the contrary, beginning in State fiscal |
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| 1 | | year 2022, the specified
income threshold shall be no less | 2 | | than 200% of the
then-current federal poverty level for each | 3 | | family size.
| 4 | | In determining eligibility for
assistance, the Department | 5 | | shall not give preference to any category of
recipients
or | 6 | | give preference to individuals based on their receipt of | 7 | | benefits under this
Code.
| 8 | | Nothing in this Section shall be
construed as conferring | 9 | | entitlement status to eligible families.
| 10 | | The Illinois
Department is authorized to lower income | 11 | | eligibility ceilings, raise parent
co-payments, create waiting | 12 | | lists, or take such other actions during a fiscal
year as are | 13 | | necessary to ensure that child care benefits paid under this
| 14 | | Article do not exceed the amounts appropriated for those child | 15 | | care benefits.
These changes may be accomplished by emergency | 16 | | rule under Section 5-45 of the
Illinois Administrative | 17 | | Procedure Act, except that the limitation on the number
of | 18 | | emergency rules that may be adopted in a 24-month period shall | 19 | | not apply.
| 20 | | The Illinois Department may contract with other State | 21 | | agencies or child care
organizations for the administration of | 22 | | child care services.
| 23 | | (c) Payment shall be made for child care that otherwise | 24 | | meets the
requirements of this Section and applicable | 25 | | standards of State and local
law and regulation, including any | 26 | | requirements the Illinois Department
promulgates by rule in |
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| 1 | | addition to the licensure
requirements
promulgated by the | 2 | | Department of Children and Family Services and Fire
Prevention | 3 | | and Safety requirements promulgated by the Office of the State
| 4 | | Fire Marshal, and is provided in any of the following:
| 5 | | (1) a child care center which is licensed or exempt | 6 | | from licensure
pursuant to Section 2.09 of the Child Care | 7 | | Act of 1969;
| 8 | | (2) a licensed child care home or home exempt from | 9 | | licensing;
| 10 | | (3) a licensed group child care home;
| 11 | | (4) other types of child care, including child care | 12 | | provided
by relatives or persons living in the same home | 13 | | as the child, as determined by
the Illinois Department by | 14 | | rule.
| 15 | | (c-5)
Solely for the purposes of coverage under the | 16 | | Illinois Public Labor Relations Act, child and day care home | 17 | | providers, including licensed and license exempt, | 18 | | participating in the Department's child care assistance | 19 | | program shall be considered to be public employees and the | 20 | | State of Illinois shall be considered to be their employer as | 21 | | of January 1, 2006 (the effective date of Public Act 94-320), | 22 | | but not before. The State shall engage in collective | 23 | | bargaining with an exclusive representative of child and day | 24 | | care home providers participating in the child care assistance | 25 | | program concerning their terms and conditions of employment | 26 | | that are within the State's control. Nothing in this |
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| 1 | | subsection shall be understood to limit the right of families | 2 | | receiving services defined in this Section to select child and | 3 | | day care home providers or supervise them within the limits of | 4 | | this Section. The State shall not be considered to be the | 5 | | employer of child and day care home providers for any purposes | 6 | | not specifically provided in Public Act 94-320, including, but | 7 | | not limited to, purposes of vicarious liability in tort and | 8 | | purposes of statutory retirement or health insurance benefits. | 9 | | Child and day care home providers shall not be covered by the | 10 | | State Employees Group Insurance Act of 1971. | 11 | | In according child and day care home providers and their | 12 | | selected representative rights under the Illinois Public Labor | 13 | | Relations Act, the State intends that the State action | 14 | | exemption to application of federal and State antitrust laws | 15 | | be fully available to the extent that their activities are | 16 | | authorized by Public Act 94-320.
| 17 | | (d) The Illinois Department shall establish, by rule, a | 18 | | co-payment scale that provides for cost sharing by families | 19 | | that receive
child care services, including parents whose only | 20 | | income is from
assistance under this Code. The co-payment | 21 | | shall be based on family income and family size and may be | 22 | | based on other factors as appropriate. Co-payments may be | 23 | | waived for families whose incomes are at or below the federal | 24 | | poverty level.
| 25 | | (d-5) The Illinois Department, in consultation with its | 26 | | Child Care and Development Advisory Council, shall develop a |
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| 1 | | plan to revise the child care assistance program's co-payment | 2 | | scale. The plan shall be completed no later than February 1, | 3 | | 2008, and shall include: | 4 | | (1) findings as to the percentage of income that the | 5 | | average American family spends on child care and the | 6 | | relative amounts that low-income families and the average | 7 | | American family spend on other necessities of life;
| 8 | | (2) recommendations for revising the child care | 9 | | co-payment scale to assure that families receiving child | 10 | | care services from the Department are paying no more than | 11 | | they can reasonably afford; | 12 | | (3) recommendations for revising the child care | 13 | | co-payment scale to provide at-risk children with complete | 14 | | access to Preschool for All and Head Start; and | 15 | | (4) recommendations for changes in child care program | 16 | | policies that affect the affordability of child care.
| 17 | | (e) (Blank).
| 18 | | (f) The Illinois Department shall, by rule, set rates to | 19 | | be paid for the
various types of child care. Child care may be | 20 | | provided through one of the
following methods:
| 21 | | (1) arranging the child care through eligible | 22 | | providers by use of
purchase of service contracts or | 23 | | vouchers;
| 24 | | (2) arranging with other agencies and community | 25 | | volunteer groups for
non-reimbursed child care;
| 26 | | (3) (blank); or
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| 1 | | (4) adopting such other arrangements as the Department | 2 | | determines
appropriate.
| 3 | | (f-1) Within 30 days after June 4, 2018 (the effective | 4 | | date of Public Act 100-587), the Department of Human Services | 5 | | shall establish rates for child care providers that are no | 6 | | less than the rates in effect on January 1, 2018 increased by | 7 | | 4.26%. | 8 | | (f-5) (Blank). | 9 | | (g) Families eligible for assistance under this Section | 10 | | shall be given the
following options:
| 11 | | (1) receiving a child care certificate issued by the | 12 | | Department or a
subcontractor of the Department that may | 13 | | be used by the parents as payment for
child care and | 14 | | development services only; or
| 15 | | (2) if space is available, enrolling the child with a | 16 | | child care provider
that has a purchase of service | 17 | | contract with the Department or a subcontractor
of the | 18 | | Department for the provision of child care and development | 19 | | services.
The Department may identify particular priority | 20 | | populations for whom they may
request special | 21 | | consideration by a provider with purchase of service
| 22 | | contracts, provided that the providers shall be permitted | 23 | | to maintain a balance
of clients in terms of household | 24 | | incomes and families and children with special
needs, as | 25 | | defined by rule.
| 26 | | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; |
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| 1 | | 102-491, eff. 8-20-21; revised 11-8-21.)"; and
| 2 | | Section 20. The Early Intervention Services System Act is | 3 | | amended by changing Section 3 as follows:
| 4 | | (325 ILCS 20/3) (from Ch. 23, par. 4153)
| 5 | | Sec. 3. Definitions. As used in this Act:
| 6 | | (a) "Eligible infants and toddlers" means infants and | 7 | | toddlers
under 36 months of age with any of the following | 8 | | conditions:
| 9 | | (1) Developmental delays.
| 10 | | (2) A physical or mental condition which typically | 11 | | results in
developmental delay.
| 12 | | (3) Being at risk of having substantial developmental | 13 | | delays
based on informed clinical opinion.
| 14 | | (4) Either (A) having entered the program under any of
| 15 | | the circumstances listed in paragraphs (1) through (3) of | 16 | | this
subsection
but no
longer meeting
the current | 17 | | eligibility criteria under those paragraphs,
and | 18 | | continuing to have any measurable delay, or (B) not
having | 19 | | attained a level of development in each area,
including
| 20 | | (i) cognitive, (ii) physical (including vision and | 21 | | hearing), (iii)
language,
speech, and communication, (iv) | 22 | | social or emotional, or (v) adaptive, that
is at least at | 23 | | the mean of the child's age equivalent peers;
and,
in | 24 | | addition to either item (A) or item (B), (C)
having
been |
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| 1 | | determined by the multidisciplinary individualized
family | 2 | | service plan
team to require the continuation of early | 3 | | intervention services in order to
support
continuing
| 4 | | developmental progress, pursuant to the child's needs and | 5 | | provided in an
appropriate
developmental manner. The type, | 6 | | frequency, and intensity of services shall
differ from
the | 7 | | initial individualized family services plan because of the | 8 | | child's
developmental
progress, and may consist of only | 9 | | service coordination, evaluation, and
assessments.
| 10 | | "Eligible infants and toddlers" includes any child under | 11 | | the age of 3 who is the subject of a substantiated case of | 12 | | child abuse or neglect, as defined by the federal Child Abuse | 13 | | Prevention and Treatment Act. | 14 | | (b) "Developmental delay" means a delay in one or more of | 15 | | the following
areas of childhood development as measured by | 16 | | appropriate diagnostic
instruments and standard procedures: | 17 | | cognitive; physical, including vision
and hearing; language, | 18 | | speech and communication; social or emotional;
or adaptive. | 19 | | The term means a delay of 30% or more below the mean in
| 20 | | function in one or more of those areas.
| 21 | | (c) "Physical or mental condition which typically results | 22 | | in developmental
delay" means:
| 23 | | (1) a diagnosed medical disorder or exposure to a | 24 | | toxic substance bearing a relatively well known
expectancy | 25 | | for developmental outcomes within varying ranges of | 26 | | developmental
disabilities; or
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| 1 | | (2) a history of prenatal, perinatal, neonatal or | 2 | | early developmental
events suggestive of biological | 3 | | insults to the developing central nervous
system and which | 4 | | either singly or collectively increase the probability of
| 5 | | developing a disability or delay based on a medical | 6 | | history.
| 7 | | (d) "Informed clinical opinion" means both clinical | 8 | | observations and
parental participation to determine | 9 | | eligibility by a consensus of a
multidisciplinary team of 2 or | 10 | | more members based on their professional
experience and | 11 | | expertise.
| 12 | | (e) "Early intervention services" means services which:
| 13 | | (1) are designed to meet the developmental needs of | 14 | | each child
eligible under this Act and the needs of his or | 15 | | her family;
| 16 | | (2) are selected in collaboration with the child's | 17 | | family;
| 18 | | (3) are provided under public supervision;
| 19 | | (4) are provided at no cost except where a schedule of | 20 | | sliding scale
fees or other system of payments by families | 21 | | has been adopted in accordance
with State and federal law;
| 22 | | (5) are designed to meet an infant's or toddler's | 23 | | developmental needs in
any of the following areas:
| 24 | | (A) physical development, including vision and | 25 | | hearing,
| 26 | | (B) cognitive development,
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| 1 | | (C) communication development,
| 2 | | (D) social or emotional development, or
| 3 | | (E) adaptive development;
| 4 | | (6) meet the standards of the State, including the | 5 | | requirements of this Act;
| 6 | | (7) include one or more of the following:
| 7 | | (A) family training,
| 8 | | (B) social work services, including counseling, | 9 | | and home visits,
| 10 | | (C) special instruction,
| 11 | | (D) speech, language pathology and audiology,
| 12 | | (E) occupational therapy,
| 13 | | (F) physical therapy,
| 14 | | (G) psychological services,
| 15 | | (H) service coordination services,
| 16 | | (I) medical services only for diagnostic or | 17 | | evaluation purposes,
| 18 | | (J) early identification, screening, and | 19 | | assessment services,
| 20 | | (K) health services specified by the lead agency | 21 | | as necessary to
enable the infant or toddler to | 22 | | benefit from the other early intervention
services,
| 23 | | (L) vision services,
| 24 | | (M) transportation,
| 25 | | (N) assistive technology devices and services,
| 26 | | (O) nursing services, |
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| 1 | | (P) nutrition services, and | 2 | | (Q) sign language and cued language services; | 3 | | (8) are provided by qualified personnel, including but | 4 | | not limited to:
| 5 | | (A) child development specialists or special | 6 | | educators, including teachers of children with hearing | 7 | | impairments (including deafness) and teachers of | 8 | | children with vision impairments (including | 9 | | blindness),
| 10 | | (B) speech and language pathologists and | 11 | | audiologists,
| 12 | | (C) occupational therapists,
| 13 | | (D) physical therapists,
| 14 | | (E) social workers,
| 15 | | (F) nurses,
| 16 | | (G) dietitian nutritionists,
| 17 | | (H) vision specialists, including ophthalmologists | 18 | | and optometrists,
| 19 | | (I) psychologists, and
| 20 | | (J) physicians;
| 21 | | (9) are provided in conformity with an Individualized | 22 | | Family Service Plan;
| 23 | | (10) are provided throughout the year; and
| 24 | | (11) are provided in natural
environments, to the | 25 | | maximum extent appropriate, which may include the home and | 26 | | community settings, unless justification is provided |
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| 1 | | consistent with federal regulations adopted under Sections | 2 | | 1431 through 1444 of Title 20 of the United States Code.
| 3 | | (f) "Individualized Family Service Plan" or "Plan" means a | 4 | | written plan for
providing early intervention services to a | 5 | | child eligible under this Act
and the child's family, as set | 6 | | forth in Section 11.
| 7 | | (g) "Local interagency agreement" means an agreement | 8 | | entered into by
local community and State and regional | 9 | | agencies receiving early
intervention funds directly from the | 10 | | State and made in accordance with
State interagency agreements | 11 | | providing for the delivery of early
intervention services | 12 | | within a local community area.
| 13 | | (h) "Council" means the Illinois Interagency Council on | 14 | | Early
Intervention established under Section 4.
| 15 | | (i) "Lead agency" means the State agency
responsible for | 16 | | administering this Act and
receiving and disbursing public | 17 | | funds received in accordance with State and
federal law and | 18 | | rules.
| 19 | | (i-5) "Central billing office" means the central billing | 20 | | office created by
the lead agency under Section 13.
| 21 | | (j) "Child find" means a service which identifies eligible | 22 | | infants and
toddlers.
| 23 | | (k) "Regional intake entity" means the lead agency's | 24 | | designated entity
responsible for implementation of the Early | 25 | | Intervention Services System within
its designated geographic | 26 | | area.
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| 1 | | (l) "Early intervention provider" means an individual who | 2 | | is qualified, as
defined by the lead agency, to provide one or | 3 | | more types of early intervention
services, and who has | 4 | | enrolled as a provider in the early intervention program.
| 5 | | (m) "Fully credentialed early intervention provider" means | 6 | | an individual who
has met the standards in the State | 7 | | applicable to the relevant
profession, and has met such other | 8 | | qualifications as the lead agency has
determined are suitable | 9 | | for personnel providing early intervention services,
including | 10 | | pediatric experience, education, and continuing education. The | 11 | | lead
agency shall establish these qualifications by rule filed | 12 | | no later than 180
days
after the effective date of this | 13 | | amendatory Act of the 92nd General Assembly.
| 14 | | (n) "Telehealth" has the meaning given to that term in | 15 | | Section 5 of the Telehealth Act. | 16 | | (Source: P.A. 101-10, eff. 6-5-19; 102-104, eff. 7-22-21.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law, except that Section 15 takes effect on July 1, | 19 | | 2023. |
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