Full Text of HB4242 102nd General Assembly
HB4242ham001 102ND GENERAL ASSEMBLY | Rep. Lakesia Collins Filed: 2/4/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4242
| 2 | | AMENDMENT NO. ______. Amend House Bill 4242 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 costs | 16 | | of child care.
It is also the preference of the General |
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| 1 | | Assembly that all working poor
families should be treated | 2 | | equally, regardless of their welfare status.
| 3 | | (b) To the extent resources permit, the Illinois | 4 | | Department shall provide
child care services to parents or | 5 | | other relatives as defined by rule who are
working or | 6 | | participating in employment or Department approved
education | 7 | | or training programs. At a minimum, the Illinois Department | 8 | | shall
cover the following categories of families:
| 9 | | (1) recipients of TANF under Article IV participating | 10 | | in work and training
activities as specified in the | 11 | | personal plan for employment and
self-sufficiency;
| 12 | | (2) families transitioning from TANF to work;
| 13 | | (3) families at risk of becoming recipients of TANF;
| 14 | | (4) families with special needs as defined by rule;
| 15 | | (5) working families with very low incomes as defined | 16 | | by rule;
| 17 | | (6) families that are not recipients of TANF and that | 18 | | need child care assistance to participate in education and | 19 | | training activities; and | 20 | | (7) foster parents or caregivers of youth in care as | 21 | | defined in Section 4d of the Children and Family Services | 22 | | Act, regardless of whether they are working or | 23 | | participating in Department-approved employment or | 24 | | education or training programs. Assistance provided under | 25 | | this paragraph shall be for the care of the youth in care; | 26 | | (8) youth in care, as defined in Section 4d of the |
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| 1 | | Children and Family Services Act, who are parents, | 2 | | regardless of whether they are working or participating in | 3 | | Department-approved employment or education or training | 4 | | programs. Any family that receives child care assistance | 5 | | in accordance with this paragraph shall receive one | 6 | | additional 12-month child care eligibility period after | 7 | | the parenting youth in care's case with the Department of | 8 | | Children and Family Services is closed, regardless of | 9 | | whether they are working or participating in | 10 | | Department-approved employment or education or training | 11 | | programs; | 12 | | (9) parents who have custody of their children and | 13 | | their children are the subjects of pending cases under | 14 | | Article II of the Juvenile Court Act of 1987, regardless | 15 | | of whether they are working or participating in | 16 | | Department-approved employment or education or training | 17 | | programs. Any family that receives child care assistance | 18 | | in accordance with this paragraph shall remain eligible | 19 | | for child care assistance 6 months after the child's case | 20 | | under Article II of the Juvenile Court Act of 1987 is | 21 | | closed, regardless of whether the child's parents are | 22 | | working or participating in Department-approved employment | 23 | | or education or training programs; | 24 | | (10) (7) families with children under the age of 5 who | 25 | | have an open intact family services case with the | 26 | | Department of Children and Family Services. Any family |
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| 1 | | that receives child care assistance in accordance with | 2 | | this paragraph shall remain eligible for child care | 3 | | assistance 6 months after the child's intact family | 4 | | services case is closed, regardless of whether the child's | 5 | | parents or other relatives as defined by rule are working | 6 | | or participating in Department approved employment or | 7 | | education or training programs. The Department of Human | 8 | | Services, in consultation with the Department of Children | 9 | | and Family Services, shall adopt rules to protect the | 10 | | privacy of families who are the subject of an open intact | 11 | | family services case when such families enroll in child | 12 | | care services. Additional rules shall be adopted to offer | 13 | | children who have an open intact family services case the | 14 | | opportunity to receive an Early Intervention screening and | 15 | | other services that their families may be eligible for as | 16 | | provided by the Department of Human Services ; and . | 17 | | (11) families receiving Extended Family Support | 18 | | Program services from the Department of Children and | 19 | | Family Services, regardless of whether they are working or | 20 | | participating in Department-approved employment or | 21 | | education or training programs. | 22 | | The Department shall specify by rule the conditions of | 23 | | eligibility, the
application process, and the types, amounts, | 24 | | and duration of services.
Eligibility for
child care benefits | 25 | | and the amount of child care provided may vary based on
family | 26 | | size, income,
and other factors as specified by rule.
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| 1 | | The Department shall update the Child Care Assistance | 2 | | Program Eligibility Calculator posted on its website to | 3 | | include a question on whether a family is applying for child | 4 | | care assistance for the first time or is applying for a | 5 | | redetermination of eligibility. | 6 | | A family's eligibility for child care services shall be | 7 | | redetermined no sooner than 12 months following the initial | 8 | | determination or most recent redetermination. During the | 9 | | 12-month periods, the family shall remain eligible for child | 10 | | care services regardless of (i) a change in family income, | 11 | | unless family income exceeds 85% of State median income, or | 12 | | (ii) a temporary change in the ongoing status of the parents or | 13 | | other relatives, as defined by rule, as working or attending a | 14 | | job training or educational program. | 15 | | In determining income eligibility for child care benefits, | 16 | | the Department
annually, at the beginning of each fiscal year, | 17 | | shall
establish, by rule, one income threshold for each family | 18 | | size, in relation to
percentage of State median income for a | 19 | | family of that size, that makes
families with incomes below | 20 | | the specified threshold eligible for assistance
and families | 21 | | with incomes above the specified threshold ineligible for
| 22 | | assistance. Through and including fiscal year 2007, the | 23 | | specified threshold must be no less than 50% of the
| 24 | | then-current State median income for each family size. | 25 | | Beginning in fiscal year 2008, the specified threshold must be | 26 | | no less than 185% of the then-current federal poverty level |
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| 1 | | for each family size. Notwithstanding any other provision of | 2 | | law or administrative rule to the contrary, beginning in | 3 | | fiscal year 2019, the specified threshold for working families | 4 | | with very low incomes as defined by rule must be no less than | 5 | | 185% of the then-current federal poverty level for each family | 6 | | size. Notwithstanding any other provision of law or | 7 | | administrative rule to the contrary, beginning in State fiscal | 8 | | year 2022, the specified
income threshold shall be no less | 9 | | than 200% of the
then-current federal poverty level for each | 10 | | family size.
| 11 | | In determining eligibility for
assistance, the Department | 12 | | shall not give preference to any category of
recipients
or | 13 | | give preference to individuals based on their receipt of | 14 | | benefits under this
Code.
| 15 | | Nothing in this Section shall be
construed as conferring | 16 | | entitlement status to eligible families.
| 17 | | The Illinois
Department is authorized to lower income | 18 | | eligibility ceilings, raise parent
co-payments, create waiting | 19 | | lists, or take such other actions during a fiscal
year as are | 20 | | necessary to ensure that child care benefits paid under this
| 21 | | Article do not exceed the amounts appropriated for those child | 22 | | care benefits.
These changes may be accomplished by emergency | 23 | | rule under Section 5-45 of the
Illinois Administrative | 24 | | Procedure Act, except that the limitation on the number
of | 25 | | emergency rules that may be adopted in a 24-month period shall | 26 | | not apply.
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| 1 | | The Illinois Department may contract with other State | 2 | | agencies or child care
organizations for the administration of | 3 | | child care services.
| 4 | | (c) Payment shall be made for child care that otherwise | 5 | | meets the
requirements of this Section and applicable | 6 | | standards of State and local
law and regulation, including any | 7 | | requirements the Illinois Department
promulgates by rule in | 8 | | addition to the licensure
requirements
promulgated by the | 9 | | Department of Children and Family Services and Fire
Prevention | 10 | | and Safety requirements promulgated by the Office of the State
| 11 | | Fire Marshal, and is provided in any of the following:
| 12 | | (1) a child care center which is licensed or exempt | 13 | | from licensure
pursuant to Section 2.09 of the Child Care | 14 | | Act of 1969;
| 15 | | (2) a licensed child care home or home exempt from | 16 | | licensing;
| 17 | | (3) a licensed group child care home;
| 18 | | (4) other types of child care, including child care | 19 | | provided
by relatives or persons living in the same home | 20 | | as the child, as determined by
the Illinois Department by | 21 | | rule.
| 22 | | (c-5)
Solely for the purposes of coverage under the | 23 | | Illinois Public Labor Relations Act, child and day care home | 24 | | providers, including licensed and license exempt, | 25 | | participating in the Department's child care assistance | 26 | | program shall be considered to be public employees and the |
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| 1 | | State of Illinois shall be considered to be their employer as | 2 | | of January 1, 2006 (the effective date of Public Act 94-320), | 3 | | but not before. The State shall engage in collective | 4 | | bargaining with an exclusive representative of child and day | 5 | | care home providers participating in the child care assistance | 6 | | program concerning their terms and conditions of employment | 7 | | that are within the State's control. Nothing in this | 8 | | subsection shall be understood to limit the right of families | 9 | | receiving services defined in this Section to select child and | 10 | | day care home providers or supervise them within the limits of | 11 | | this Section. The State shall not be considered to be the | 12 | | employer of child and day care home providers for any purposes | 13 | | not specifically provided in Public Act 94-320, including, but | 14 | | not limited to, purposes of vicarious liability in tort and | 15 | | purposes of statutory retirement or health insurance benefits. | 16 | | Child and day care home providers shall not be covered by the | 17 | | State Employees Group Insurance Act of 1971. | 18 | | In according child and day care home providers and their | 19 | | selected representative rights under the Illinois Public Labor | 20 | | Relations Act, the State intends that the State action | 21 | | exemption to application of federal and State antitrust laws | 22 | | be fully available to the extent that their activities are | 23 | | authorized by Public Act 94-320.
| 24 | | (d) The Illinois Department shall establish, by rule, a | 25 | | co-payment scale that provides for cost sharing by families | 26 | | that receive
child care services, including parents whose only |
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| 1 | | income is from
assistance under this Code. The co-payment | 2 | | shall be based on family income and family size and may be | 3 | | based on other factors as appropriate. Co-payments may be | 4 | | waived for families whose incomes are at or below the federal | 5 | | poverty level.
| 6 | | (d-5) The Illinois Department, in consultation with its | 7 | | Child Care and Development Advisory Council, shall develop a | 8 | | plan to revise the child care assistance program's co-payment | 9 | | scale. The plan shall be completed no later than February 1, | 10 | | 2008, and shall include: | 11 | | (1) findings as to the percentage of income that the | 12 | | average American family spends on child care and the | 13 | | relative amounts that low-income families and the average | 14 | | American family spend on other necessities of life;
| 15 | | (2) recommendations for revising the child care | 16 | | co-payment scale to assure that families receiving child | 17 | | care services from the Department are paying no more than | 18 | | they can reasonably afford; | 19 | | (3) recommendations for revising the child care | 20 | | co-payment scale to provide at-risk children with complete | 21 | | access to Preschool for All and Head Start; and | 22 | | (4) recommendations for changes in child care program | 23 | | policies that affect the affordability of child care.
| 24 | | (e) (Blank).
| 25 | | (f) The Illinois Department shall, by rule, set rates to | 26 | | be paid for the
various types of child care. Child care may be |
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| 1 | | provided through one of the
following methods:
| 2 | | (1) arranging the child care through eligible | 3 | | providers by use of
purchase of service contracts or | 4 | | vouchers;
| 5 | | (2) arranging with other agencies and community | 6 | | volunteer groups for
non-reimbursed child care;
| 7 | | (3) (blank); or
| 8 | | (4) adopting such other arrangements as the Department | 9 | | determines
appropriate.
| 10 | | (f-1) Within 30 days after June 4, 2018 (the effective | 11 | | date of Public Act 100-587), the Department of Human Services | 12 | | shall establish rates for child care providers that are no | 13 | | less than the rates in effect on January 1, 2018 increased by | 14 | | 4.26%. | 15 | | (f-5) (Blank). | 16 | | (g) Families eligible for assistance under this Section | 17 | | shall be given the
following options:
| 18 | | (1) receiving a child care certificate issued by the | 19 | | Department or a
subcontractor of the Department that may | 20 | | be used by the parents as payment for
child care and | 21 | | development services only; or
| 22 | | (2) if space is available, enrolling the child with a | 23 | | child care provider
that has a purchase of service | 24 | | contract with the Department or a subcontractor
of the | 25 | | Department for the provision of child care and development | 26 | | services.
The Department may identify particular priority |
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| 1 | | populations for whom they may
request special | 2 | | consideration by a provider with purchase of service
| 3 | | contracts, provided that the providers shall be permitted | 4 | | to maintain a balance
of clients in terms of household | 5 | | incomes and families and children with special
needs, as | 6 | | defined by rule.
| 7 | | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | 8 | | 102-491, eff. 8-20-21; revised 11-8-21.)
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2023.".
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