Full Text of HB4432 103rd General Assembly
HB4432 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4432 Introduced 1/16/2024, by Rep. Harry Benton SYNOPSIS AS INTRODUCED: | | 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 2025, the specified income threshold shall be no less than 400% of the then current federal poverty level for each family size. Effective July 1, 2024. |
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| | 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 limited access to economic | 11 | | resources, including those who are transitioning from welfare | 12 | | to work, often struggle to pay the costs of day care. The | 13 | | General Assembly understands the importance of helping working | 14 | | families with limited access to economic resources become and | 15 | | remain self-sufficient. The General Assembly also believes | 16 | | that it is the responsibility of families to share in the costs | 17 | | of child care. It is also the preference of the General | 18 | | Assembly that all working families with limited access to | 19 | | economic resources should be treated equally, regardless of | 20 | | their welfare status. | 21 | | (b) To the extent resources permit, the Illinois | 22 | | Department shall provide child care services to parents or | 23 | | other relatives as defined by rule who are working or |
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| 1 | | participating in employment or Department approved education | 2 | | or training programs. At a minimum, the Illinois Department | 3 | | shall cover the following categories of families: | 4 | | (1) recipients of TANF under Article IV participating | 5 | | in work and training activities as specified in the | 6 | | personal plan for employment and self-sufficiency; | 7 | | (2) families transitioning from TANF to work; | 8 | | (3) families at risk of becoming recipients of TANF; | 9 | | (4) families with special needs as defined by rule; | 10 | | (5) working families with very low incomes as defined | 11 | | by rule; | 12 | | (6) families that are not recipients of TANF and that | 13 | | need child care assistance to participate in education and | 14 | | training activities; | 15 | | (7) youth in care, as defined in Section 4d of the | 16 | | Children and Family Services Act, who are parents, | 17 | | regardless of income or whether they are working or | 18 | | participating in Department-approved employment or | 19 | | education or training programs. Any family that receives | 20 | | child care assistance in accordance with this paragraph | 21 | | shall receive one additional 12-month child care | 22 | | eligibility period after the parenting youth in care's | 23 | | case with the Department of Children and Family Services | 24 | | is closed, regardless of income or whether the parenting | 25 | | youth in care is working or participating in | 26 | | Department-approved employment or education or training |
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| 1 | | programs; | 2 | | (8) families receiving Extended Family Support Program | 3 | | services from the Department of Children and Family | 4 | | Services, regardless of income or whether they are working | 5 | | or participating in Department-approved employment or | 6 | | education or training programs; and | 7 | | (9) families with children under the age of 5 who have | 8 | | an open intact family services case with the Department of | 9 | | Children and Family Services. Any family that receives | 10 | | child care assistance in accordance with this paragraph | 11 | | shall remain eligible for child care assistance 6 months | 12 | | after the child's intact family services case is closed, | 13 | | regardless of whether the child's parents or other | 14 | | relatives as defined by rule are working or participating | 15 | | in Department approved employment or education or training | 16 | | programs. The Department of Human Services, in | 17 | | consultation with the Department of Children and Family | 18 | | Services, shall adopt rules to protect the privacy of | 19 | | families who are the subject of an open intact family | 20 | | services case when such families enroll in child care | 21 | | services. Additional rules shall be adopted to offer | 22 | | children who have an open intact family services case the | 23 | | opportunity to receive an Early Intervention screening and | 24 | | other services that their families may be eligible for as | 25 | | provided by the Department of Human Services. | 26 | | Beginning October 1, 2023, and every October 1 thereafter, |
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| 1 | | the Department of Children and Family Services shall report to | 2 | | the General Assembly on the number of children who received | 3 | | child care via vouchers paid for by the Department of Children | 4 | | and Family Services during the preceding fiscal year. The | 5 | | report shall include the ages of children who received child | 6 | | care, the type of child care they received, and the number of | 7 | | months they received child care. | 8 | | The Department shall specify by rule the conditions of | 9 | | eligibility, the application process, and the types, amounts, | 10 | | and duration of services. Eligibility for child care benefits | 11 | | and the amount of child care provided may vary based on family | 12 | | size, income, and other factors as specified by rule. | 13 | | The Department shall update the Child Care Assistance | 14 | | Program Eligibility Calculator posted on its website to | 15 | | include a question on whether a family is applying for child | 16 | | care assistance for the first time or is applying for a | 17 | | redetermination of eligibility. | 18 | | A family's eligibility for child care services shall be | 19 | | redetermined no sooner than 12 months following the initial | 20 | | determination or most recent redetermination. During the | 21 | | 12-month periods, the family shall remain eligible for child | 22 | | care services regardless of (i) a change in family income, | 23 | | unless family income exceeds 85% of State median income, or | 24 | | (ii) a temporary change in the ongoing status of the parents or | 25 | | other relatives, as defined by rule, as working or attending a | 26 | | job training or educational program. |
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| 1 | | In determining income eligibility for child care benefits, | 2 | | the Department annually, at the beginning of each fiscal year, | 3 | | shall establish, by rule, one income threshold for each family | 4 | | size, in relation to percentage of State median income for a | 5 | | family of that size, that makes families with incomes below | 6 | | the specified threshold eligible for assistance and families | 7 | | with incomes above the specified threshold ineligible for | 8 | | assistance. Through and including fiscal year 2007, the | 9 | | specified threshold must be no less than 50% of the | 10 | | then-current State median income for each family size. | 11 | | Beginning in fiscal year 2008, the specified threshold must be | 12 | | no less than 185% of the then-current federal poverty level | 13 | | for each family size. Notwithstanding any other provision of | 14 | | law or administrative rule to the contrary, beginning in | 15 | | fiscal year 2019, the specified threshold for working families | 16 | | with very low incomes as defined by rule must be no less than | 17 | | 185% of the then-current federal poverty level for each family | 18 | | size. Notwithstanding any other provision of law or | 19 | | administrative rule to the contrary, beginning in State fiscal | 20 | | year 2022 through State fiscal year 2023, the specified income | 21 | | threshold shall be no less than 200% of the then-current | 22 | | federal poverty level for each family size. In Beginning in | 23 | | State fiscal year 2024, the specified income threshold shall | 24 | | be no less than 225% of the then-current federal poverty level | 25 | | for each family size. Beginning in State fiscal year 2025, the | 26 | | specified income threshold shall be no less than 400% of the |
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| 1 | | then-current federal poverty level for each family size. | 2 | | In determining eligibility for assistance, the Department | 3 | | shall not give preference to any category of recipients or | 4 | | give preference to individuals based on their receipt of | 5 | | benefits under this Code. | 6 | | Nothing in this Section shall be construed as conferring | 7 | | entitlement status to eligible families. | 8 | | The Illinois Department is authorized to lower income | 9 | | eligibility ceilings, raise parent co-payments, create waiting | 10 | | lists, or take such other actions during a fiscal year as are | 11 | | necessary to ensure that child care benefits paid under this | 12 | | Article do not exceed the amounts appropriated for those child | 13 | | care benefits. These changes may be accomplished by emergency | 14 | | rule under Section 5-45 of the Illinois Administrative | 15 | | Procedure Act, except that the limitation on the number of | 16 | | emergency rules that may be adopted in a 24-month period shall | 17 | | not apply. | 18 | | The Illinois Department may contract with other State | 19 | | agencies or child care organizations for the administration of | 20 | | child care services. | 21 | | (c) Payment shall be made for child care that otherwise | 22 | | meets the requirements of this Section and applicable | 23 | | standards of State and local law and regulation, including any | 24 | | requirements the Illinois Department promulgates by rule in | 25 | | addition to the licensure requirements promulgated by the | 26 | | Department of Children and Family Services and Fire Prevention |
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| 1 | | and Safety requirements promulgated by the Office of the State | 2 | | Fire Marshal, and is provided in any of the following: | 3 | | (1) a child care center which is licensed or exempt | 4 | | from licensure pursuant to Section 2.09 of the Child Care | 5 | | Act of 1969; | 6 | | (2) a licensed child care home or home exempt from | 7 | | licensing; | 8 | | (3) a licensed group child care home; | 9 | | (4) other types of child care, including child care | 10 | | provided by relatives or persons living in the same home | 11 | | as the child, as determined by the Illinois Department by | 12 | | rule. | 13 | | (c-5) Solely for the purposes of coverage under the | 14 | | Illinois Public Labor Relations Act, child and day care home | 15 | | providers, including licensed and license exempt, | 16 | | participating in the Department's child care assistance | 17 | | program shall be considered to be public employees and the | 18 | | State of Illinois shall be considered to be their employer as | 19 | | of January 1, 2006 (the effective date of Public Act 94-320), | 20 | | but not before. The State shall engage in collective | 21 | | bargaining with an exclusive representative of child and day | 22 | | care home providers participating in the child care assistance | 23 | | program concerning their terms and conditions of employment | 24 | | that are within the State's control. Nothing in this | 25 | | subsection shall be understood to limit the right of families | 26 | | receiving services defined in this Section to select child and |
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| 1 | | day care home providers or supervise them within the limits of | 2 | | this Section. The State shall not be considered to be the | 3 | | employer of child and day care home providers for any purposes | 4 | | not specifically provided in Public Act 94-320, including, but | 5 | | not limited to, purposes of vicarious liability in tort and | 6 | | purposes of statutory retirement or health insurance benefits. | 7 | | Child and day care home providers shall not be covered by the | 8 | | State Employees Group Insurance Act of 1971. | 9 | | In according child and day care home providers and their | 10 | | selected representative rights under the Illinois Public Labor | 11 | | Relations Act, the State intends that the State action | 12 | | exemption to application of federal and State antitrust laws | 13 | | be fully available to the extent that their activities are | 14 | | authorized by Public Act 94-320. | 15 | | (d) The Illinois Department shall establish, by rule, a | 16 | | co-payment scale that provides for cost sharing by families | 17 | | that receive child care services, including parents whose only | 18 | | income is from assistance under this Code. The co-payment | 19 | | shall be based on family income and family size and may be | 20 | | based on other factors as appropriate. Co-payments may be | 21 | | waived for families whose incomes are at or below the federal | 22 | | poverty level. | 23 | | (d-5) The Illinois Department, in consultation with its | 24 | | Child Care and Development Advisory Council, shall develop a | 25 | | plan to revise the child care assistance program's co-payment | 26 | | scale. The plan shall be completed no later than February 1, |
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| 1 | | 2008, and shall include: | 2 | | (1) findings as to the percentage of income that the | 3 | | average American family spends on child care and the | 4 | | relative amounts that low-income families and the average | 5 | | American family spend on other necessities of life; | 6 | | (2) recommendations for revising the child care | 7 | | co-payment scale to assure that families receiving child | 8 | | care services from the Department are paying no more than | 9 | | they can reasonably afford; | 10 | | (3) recommendations for revising the child care | 11 | | co-payment scale to provide at-risk children with complete | 12 | | access to Preschool for All and Head Start; and | 13 | | (4) recommendations for changes in child care program | 14 | | policies that affect the affordability of child care. | 15 | | (e) (Blank). | 16 | | (f) The Illinois Department shall, by rule, set rates to | 17 | | be paid for the various types of child care. Child care may be | 18 | | provided through one of the following methods: | 19 | | (1) arranging the child care through eligible | 20 | | providers by use of purchase of service contracts or | 21 | | vouchers; | 22 | | (2) arranging with other agencies and community | 23 | | volunteer groups for non-reimbursed child care; | 24 | | (3) (blank); or | 25 | | (4) adopting such other arrangements as the Department | 26 | | determines appropriate. |
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| 1 | | (f-1) Within 30 days after June 4, 2018 (the effective | 2 | | date of Public Act 100-587), the Department of Human Services | 3 | | shall establish rates for child care providers that are no | 4 | | less than the rates in effect on January 1, 2018 increased by | 5 | | 4.26%. | 6 | | (f-5) (Blank). | 7 | | (g) Families eligible for assistance under this Section | 8 | | shall be given the following options: | 9 | | (1) receiving a child care certificate issued by the | 10 | | Department or a subcontractor of the Department that may | 11 | | be used by the parents as payment for child care and | 12 | | development services only; or | 13 | | (2) if space is available, enrolling the child with a | 14 | | child care provider that has a purchase of service | 15 | | contract with the Department or a subcontractor of the | 16 | | Department for the provision of child care and development | 17 | | services. The Department may identify particular priority | 18 | | populations for whom they may request special | 19 | | consideration by a provider with purchase of service | 20 | | contracts, provided that the providers shall be permitted | 21 | | to maintain a balance of clients in terms of household | 22 | | incomes and families and children with special needs, as | 23 | | defined by rule. | 24 | | (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; | 25 | | 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.) | 26 | | Section 99. Effective date. This Act takes effect July 1, |
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