HB3475 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3475

 

Introduced 2/28/2007, by Rep. Linda Chapa LaVia

 

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

    Amends the Illinois Public Aid Code. Requires that the Department of Human Services cover the following families under the child care assistance program: (1) families in which a parent is a member of the United States Armed Forces and on active duty or is a member of the Armed Forces Reserve or the Illinois National Guard and has been placed on active duty status; and (2) families in which a parent was injured or killed while a member of the United States Armed Forces on active duty or while a member of the Armed Forces Reserve or the Illinois National Guard and on active duty status.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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

 

 

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1 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; and
8         (5) working families with very low incomes as defined
9     by rule; and .
10         (6) families in which (A) a parent is a member of the
11     United States Armed Forces and on active duty or is a
12     member of the Armed Forces Reserve or the Illinois National
13     Guard and has been placed on active duty status or (B) a
14     parent was injured or killed while a member of the United
15     States Armed Forces on active duty or while a member of the
16     Armed Forces Reserve or the Illinois National Guard and on
17     active duty status.
18     The Department shall specify by rule the conditions of
19 eligibility, the application process, and the types, amounts,
20 and duration of services. Eligibility for child care benefits
21 and the amount of child care provided may vary based on family
22 size, income, and other factors as specified by rule.
23     In determining income eligibility for child care benefits,
24 the Department annually, at the beginning of each fiscal year,
25 shall establish, by rule, one income threshold for each family
26 size, in relation to percentage of State median income for a

 

 

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1 family of that size, that makes families with incomes below the
2 specified threshold eligible for assistance and families with
3 incomes above the specified threshold ineligible for
4 assistance. The specified threshold must be no less than 50% of
5 the then-current State median income for each family size.
6     In determining eligibility for assistance, the Department
7 shall not give preference to any category of recipients or give
8 preference to individuals based on their receipt of benefits
9 under this Code.
10     The Department shall allocate $7,500,000 annually for a
11 test program for families who are income-eligible for child
12 care assistance, who are not recipients of TANF under Article
13 IV, and who need child care assistance to participate in
14 education and training activities. The Department shall
15 specify by rule the conditions of eligibility for this test
16 program.
17     Nothing in this Section shall be construed as conferring
18 entitlement status to eligible families.
19     The Illinois Department is authorized to lower income
20 eligibility ceilings, raise parent co-payments, create waiting
21 lists, or take such other actions during a fiscal year as are
22 necessary to ensure that child care benefits paid under this
23 Article do not exceed the amounts appropriated for those child
24 care benefits. These changes may be accomplished by emergency
25 rule under Section 5-45 of the Illinois Administrative
26 Procedure Act, except that the limitation on the number of

 

 

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

 

 

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

 

 

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1     (d) The Illinois Department shall, by rule, require
2 co-payments for child care services by any parent, including
3 parents whose only income is from assistance under this Code.
4 The co-payment shall be assessed based on a sliding scale based
5 on family income, family size, and the number of children in
6 care. Co-payments shall not be increased due solely to a change
7 in the methodology for counting family income.
8     (e) The Illinois Department shall conduct a market rate
9 survey based on the cost of care and other relevant factors
10 which shall be completed by July 1, 1998.
11     (f) The Illinois Department shall, by rule, set rates to be
12 paid for the various types of child care. Child care may be
13 provided through one of the following methods:
14         (1) arranging the child care through eligible
15     providers by use of purchase of service contracts or
16     vouchers;
17         (2) arranging with other agencies and community
18     volunteer groups for non-reimbursed child care;
19         (3) (blank); or
20         (4) adopting such other arrangements as the Department
21     determines appropriate.
22     (f-5) The Illinois Department, in consultation with its
23 Child Care and Development Advisory Council, shall develop a
24 comprehensive plan to revise the State's rates for the various
25 types of child care. The plan shall be completed no later than
26 January 1, 2005 and shall include:

 

 

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1             (1) Base reimbursement rates that are adequate to
2         provide children receiving child care services from
3         the Department equal access to quality child care,
4         utilizing data from the most current market rate
5         survey.
6             (2) A tiered reimbursement rate system that
7         financially rewards providers of child care services
8         that meet defined benchmarks of higher-quality care.
9             (3) Consideration of revisions to existing county
10         groupings and age classifications, utilizing data from
11         the most current market rate survey.
12             (4) Consideration of special rates for certain
13         types of care such as caring for a child with a
14         disability.
15     (g) Families eligible for assistance under this Section
16 shall be given the following options:
17         (1) receiving a child care certificate issued by the
18     Department or a subcontractor of the Department that may be
19     used by the parents as payment for child care and
20     development services only; or
21         (2) if space is available, enrolling the child with a
22     child care provider that has a purchase of service contract
23     with the Department or a subcontractor of the Department
24     for the provision of child care and development services.
25     The Department may identify particular priority
26     populations for whom they may request special

 

 

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1     consideration by a provider with purchase of service
2     contracts, provided that the providers shall be permitted
3     to maintain a balance of clients in terms of household
4     incomes and families and children with special needs, as
5     defined by rule.
6 (Source: P.A. 93-361, eff. 9-1-03; 93-1062, eff. 12-23-04;
7 94-320, eff. 1-1-06.)