Illinois General Assembly - Full Text of SB1796
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1796  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Cristina H. Pacione-Zayas


305 ILCS 5/9A-11  from Ch. 23, par. 9A-11

    Amends the Illinois Public Aid Code. In a provision concerning the child care assistance program, provides that beginning in State Fiscal Year 2024, the specified income threshold shall be no less than 250% of the then-current federal poverty level for each family size. Provides that beginning in State Fiscal Year 2025, the income threshold shall annually increase by 25% if the percentage of enrolled families with income at the then-current income threshold, for the applicable family size, reaches 45% of all families eligible for child care assistance. Provides that the annual 25% increase in income eligibility shall continue each State fiscal year until the income threshold reaches 400% of the then-current federal poverty level for each family size. Effective July 1, 2023.

LRB103 28527 KTG 54908 b





SB1796LRB103 28527 KTG 54908 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
20Department shall provide child care services to parents or
21other relatives as defined by rule who are working or
22participating in employment or Department approved education
23or training programs. At a minimum, the Illinois Department



SB1796- 2 -LRB103 28527 KTG 54908 b

1shall 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;
13        (7) youth in care, as defined in Section 4d of the
14    Children and Family Services Act, who are parents,
15    regardless of income or whether they are working or
16    participating in Department-approved employment or
17    education or training programs. Any family that receives
18    child care assistance in accordance with this paragraph
19    shall receive one additional 12-month child care
20    eligibility period after the parenting youth in care's
21    case with the Department of Children and Family Services
22    is closed, regardless of income or whether the parenting
23    youth in care is working or participating in
24    Department-approved employment or education or training
25    programs;
26        (8) families receiving Extended Family Support Program



SB1796- 3 -LRB103 28527 KTG 54908 b

1    services from the Department of Children and Family
2    Services, regardless of income or whether they are working
3    or participating in Department-approved employment or
4    education or training programs; and
5        (9) families with children under the age of 5 who have
6    an open intact family services case with the Department of
7    Children and Family Services. Any family that receives
8    child care assistance in accordance with this paragraph
9    shall remain eligible for child care assistance 6 months
10    after the child's intact family services case is closed,
11    regardless of whether the child's parents or other
12    relatives as defined by rule are working or participating
13    in Department approved employment or education or training
14    programs. The Department of Human Services, in
15    consultation with the Department of Children and Family
16    Services, shall adopt rules to protect the privacy of
17    families who are the subject of an open intact family
18    services case when such families enroll in child care
19    services. Additional rules shall be adopted to offer
20    children who have an open intact family services case the
21    opportunity to receive an Early Intervention screening and
22    other services that their families may be eligible for as
23    provided by the Department of Human Services.
24    Beginning October 1, 2023, and every October 1 thereafter,
25the Department of Children and Family Services shall report to
26the General Assembly on the number of children who received



SB1796- 4 -LRB103 28527 KTG 54908 b

1child care via vouchers paid for by the Department of Children
2and Family Services during the preceding fiscal year. The
3report shall include the ages of children who received child
4care, the type of child care they received, and the number of
5months they received child care.
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
13include a question on whether a family is applying for child
14care assistance 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,



SB1796- 5 -LRB103 28527 KTG 54908 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
4the specified threshold eligible for assistance and families
5with incomes 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
11for each family size. Notwithstanding any other provision of
12law or administrative rule to the contrary, beginning in
13fiscal year 2019, the specified threshold for working families
14with very low incomes as defined by rule must be no less than
15185% of the then-current federal poverty level for each family
16size. Notwithstanding any other provision of law or
17administrative rule to the contrary, beginning in State Fiscal
18Year 2024, the specified income threshold shall be no less
19than 250% of the then-current federal poverty level for each
20family size. Beginning in State Fiscal Year 2025, the income
21threshold shall annually increase by 25% if the percentage of
22enrolled families with income at the then-current income
23threshold, for the applicable family size, reaches 45% of all
24families eligible for child care assistance. The annual 25%
25increase in income eligibility shall continue each State
26fiscal year until the income threshold reaches 400% of the



SB1796- 6 -LRB103 28527 KTG 54908 b

1then-current federal poverty level for each family size.
2Notwithstanding any other provision of law or administrative
3rule to the contrary, beginning in State fiscal year 2022, the
4specified income threshold shall be no less than 200% of the
5then-current federal poverty level for each family size.
6    In determining eligibility for assistance, the Department
7shall not give preference to any category of recipients or
8give preference to individuals based on their receipt of
9benefits under this Code.
10    Nothing in this Section shall be construed as conferring
11entitlement status to eligible families.
12    The Illinois Department is authorized to lower income
13eligibility ceilings, raise parent co-payments, create waiting
14lists, or take such other actions during a fiscal year as are
15necessary to ensure that child care benefits paid under this
16Article do not exceed the amounts appropriated for those child
17care benefits. These changes may be accomplished by emergency
18rule under Section 5-45 of the Illinois Administrative
19Procedure Act, except that the limitation on the number of
20emergency rules that may be adopted in a 24-month period shall
21not apply.
22    The Illinois Department may contract with other State
23agencies or child care organizations for the administration of
24child care services.
25    (c) Payment shall be made for child care that otherwise
26meets the requirements of this Section and applicable



SB1796- 7 -LRB103 28527 KTG 54908 b

1standards of State and local law and regulation, including any
2requirements the Illinois Department promulgates by rule in
3addition to the licensure requirements promulgated by the
4Department of Children and Family Services and Fire Prevention
5and Safety requirements promulgated by the Office of the State
6Fire Marshal, and is provided in any of the following:
7        (1) a child care center which is licensed or exempt
8    from licensure pursuant to Section 2.09 of the Child Care
9    Act of 1969;
10        (2) a licensed child care home or home exempt from
11    licensing;
12        (3) a licensed group child care home;
13        (4) other types of child care, including child care
14    provided by relatives or persons living in the same home
15    as the child, as determined by the Illinois Department by
16    rule.
17    (c-5) Solely for the purposes of coverage under the
18Illinois Public Labor Relations Act, child and day care home
19providers, including licensed and license exempt,
20participating in the Department's child care assistance
21program shall be considered to be public employees and the
22State of Illinois shall be considered to be their employer as
23of January 1, 2006 (the effective date of Public Act 94-320),
24but not before. The State shall engage in collective
25bargaining with an exclusive representative of child and day
26care home providers participating in the child care assistance



SB1796- 8 -LRB103 28527 KTG 54908 b

1program concerning their terms and conditions of employment
2that are within the State's control. Nothing in this
3subsection shall be understood to limit the right of families
4receiving services defined in this Section to select child and
5day care home providers or supervise them within the limits of
6this Section. The State shall not be considered to be the
7employer of child and day care home providers for any purposes
8not specifically provided in Public Act 94-320, including, but
9not limited to, purposes of vicarious liability in tort and
10purposes of statutory retirement or health insurance benefits.
11Child and day care home providers shall not be covered by the
12State Employees Group Insurance Act of 1971.
13    In according child and day care home providers and their
14selected representative rights under the Illinois Public Labor
15Relations Act, the State intends that the State action
16exemption to application of federal and State antitrust laws
17be fully available to the extent that their activities are
18authorized by Public Act 94-320.
19    (d) The Illinois Department shall establish, by rule, a
20co-payment scale that provides for cost sharing by families
21that receive child care services, including parents whose only
22income is from assistance under this Code. The co-payment
23shall be based on family income and family size and may be
24based on other factors as appropriate. Co-payments may be
25waived for families whose incomes are at or below the federal
26poverty level.



SB1796- 9 -LRB103 28527 KTG 54908 b

1    (d-5) The Illinois Department, in consultation with its
2Child Care and Development Advisory Council, shall develop a
3plan to revise the child care assistance program's co-payment
4scale. The plan shall be completed no later than February 1,
52008, and shall include:
6        (1) findings as to the percentage of income that the
7    average American family spends on child care and the
8    relative amounts that low-income families and the average
9    American family spend on other necessities of life;
10        (2) recommendations for revising the child care
11    co-payment scale to assure that families receiving child
12    care services from the Department are paying no more than
13    they can reasonably afford;
14        (3) recommendations for revising the child care
15    co-payment scale to provide at-risk children with complete
16    access to Preschool for All and Head Start; and
17        (4) recommendations for changes in child care program
18    policies that affect the affordability of child care.
19    (e) (Blank).
20    (f) The Illinois Department shall, by rule, set rates to
21be paid for the various types of child care. Child care may be
22provided through one of the following methods:
23        (1) arranging the child care through eligible
24    providers by use of purchase of service contracts or
25    vouchers;
26        (2) arranging with other agencies and community



SB1796- 10 -LRB103 28527 KTG 54908 b

1    volunteer groups for non-reimbursed child care;
2        (3) (blank); or
3        (4) adopting such other arrangements as the Department
4    determines appropriate.
5    (f-1) Within 30 days after June 4, 2018 (the effective
6date of Public Act 100-587), the Department of Human Services
7shall establish rates for child care providers that are no
8less than the rates in effect on January 1, 2018 increased by
10    (f-5) (Blank).
11    (g) Families eligible for assistance under this Section
12shall be given the following options:
13        (1) receiving a child care certificate issued by the
14    Department or a subcontractor of the Department that may
15    be used by the parents as payment for child care and
16    development services only; or
17        (2) if space is available, enrolling the child with a
18    child care provider that has a purchase of service
19    contract with the Department or a subcontractor of the
20    Department for the provision of child care and development
21    services. The Department may identify particular priority
22    populations for whom they may request special
23    consideration by a provider with purchase of service
24    contracts, provided that the providers shall be permitted
25    to maintain a balance of clients in terms of household
26    incomes and families and children with special needs, as



SB1796- 11 -LRB103 28527 KTG 54908 b

1    defined by rule.
2(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
3102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
5    Section 99. Effective date. This Act takes effect July 1,