Illinois General Assembly - Full Text of HB4242
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Full Text of HB4242  102nd General Assembly

HB4242ham001 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 2/4/2022

 

 


 

 


 
10200HB4242ham001LRB102 19896 KTG 34441 a

1
AMENDMENT TO HOUSE BILL 4242

2    AMENDMENT NO. ______. Amend House Bill 4242 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1Assembly that all working poor families should be treated
2equally, regardless of their welfare status.
3    (b) To the extent resources permit, the Illinois
4Department shall provide child care services to parents or
5other relatives as defined by rule who are working or
6participating in employment or Department approved education
7or training programs. At a minimum, the Illinois Department
8shall 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
23eligibility, the application process, and the types, amounts,
24and duration of services. Eligibility for child care benefits
25and the amount of child care provided may vary based on family
26size, income, and other factors as specified by rule.

 

 

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1    The Department shall update the Child Care Assistance
2Program Eligibility Calculator posted on its website to
3include a question on whether a family is applying for child
4care assistance for the first time or is applying for a
5redetermination of eligibility.
6    A family's eligibility for child care services shall be
7redetermined no sooner than 12 months following the initial
8determination or most recent redetermination. During the
912-month periods, the family shall remain eligible for child
10care services regardless of (i) a change in family income,
11unless family income exceeds 85% of State median income, or
12(ii) a temporary change in the ongoing status of the parents or
13other relatives, as defined by rule, as working or attending a
14job training or educational program.
15    In determining income eligibility for child care benefits,
16the Department annually, at the beginning of each fiscal year,
17shall establish, by rule, one income threshold for each family
18size, in relation to percentage of State median income for a
19family of that size, that makes families with incomes below
20the specified threshold eligible for assistance and families
21with incomes above the specified threshold ineligible for
22assistance. Through and including fiscal year 2007, the
23specified threshold must be no less than 50% of the
24then-current State median income for each family size.
25Beginning in fiscal year 2008, the specified threshold must be
26no less than 185% of the then-current federal poverty level

 

 

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1for each family size. Notwithstanding any other provision of
2law or administrative rule to the contrary, beginning in
3fiscal year 2019, the specified threshold for working families
4with very low incomes as defined by rule must be no less than
5185% of the then-current federal poverty level for each family
6size. Notwithstanding any other provision of law or
7administrative rule to the contrary, beginning in State fiscal
8year 2022, the specified income threshold shall be no less
9than 200% of the then-current federal poverty level for each
10family size.
11    In determining eligibility for assistance, the Department
12shall not give preference to any category of recipients or
13give preference to individuals based on their receipt of
14benefits under this Code.
15    Nothing in this Section shall be construed as conferring
16entitlement status to eligible families.
17    The Illinois Department is authorized to lower income
18eligibility ceilings, raise parent co-payments, create waiting
19lists, or take such other actions during a fiscal year as are
20necessary to ensure that child care benefits paid under this
21Article do not exceed the amounts appropriated for those child
22care benefits. These changes may be accomplished by emergency
23rule under Section 5-45 of the Illinois Administrative
24Procedure Act, except that the limitation on the number of
25emergency rules that may be adopted in a 24-month period shall
26not apply.

 

 

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1    The Illinois Department may contract with other State
2agencies or child care organizations for the administration of
3child care services.
4    (c) Payment shall be made for child care that otherwise
5meets the requirements of this Section and applicable
6standards of State and local law and regulation, including any
7requirements the Illinois Department promulgates by rule in
8addition to the licensure requirements promulgated by the
9Department of Children and Family Services and Fire Prevention
10and Safety requirements promulgated by the Office of the State
11Fire 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
23Illinois Public Labor Relations Act, child and day care home
24providers, including licensed and license exempt,
25participating in the Department's child care assistance
26program shall be considered to be public employees and the

 

 

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

 

 

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1income is from assistance under this Code. The co-payment
2shall be based on family income and family size and may be
3based on other factors as appropriate. Co-payments may be
4waived for families whose incomes are at or below the federal
5poverty level.
6    (d-5) The Illinois Department, in consultation with its
7Child Care and Development Advisory Council, shall develop a
8plan to revise the child care assistance program's co-payment
9scale. The plan shall be completed no later than February 1,
102008, 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
26be paid for the various types of child care. Child care may be

 

 

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1provided 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
11date of Public Act 100-587), the Department of Human Services
12shall establish rates for child care providers that are no
13less than the rates in effect on January 1, 2018 increased by
144.26%.
15    (f-5) (Blank).
16    (g) Families eligible for assistance under this Section
17shall 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;
8102-491, eff. 8-20-21; revised 11-8-21.)
 
9    Section 99. Effective date. This Act takes effect July 1,
102023.".