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90_HB3436eng
305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
Amends the Illinois Public Aid Code in provisions
regarding child care assistance. Changes the income
eligibility threshold for services from 50% of State median
income to 60% of current State median income. Provides that
the Department of Human Services shall allocate not less than
1% of the funds appropriated to the Department for child care
services to provide child care services to certain persons
not otherwise eligible who are not receiving assistance under
the Temporary Assistance for Needy Families program, whose
family income is below the threshold for eligibility, and who
are enrolled and making satisfactory progress in certain
specified employment or education programs. Requires the
Department to collect identifying information and data on
persons who apply for services whom the Department is unable
to serve due to a lack of sufficient resources. Effective
immediately.
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1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 9A-11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 9A-11 as follows:
7 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
8 Sec. 9A-11. Child Care.
9 (a) The General Assembly recognizes that families with
10 children need child care in order to work. Child care is
11 expensive and families with low incomes, including those who
12 are transitioning from welfare to work, often struggle to pay
13 the costs of day care. The General Assembly understands the
14 importance of helping low income working families become and
15 remain self-sufficient. The General Assembly also believes
16 that it is the responsibility of families to share in the
17 costs of child care. It is also the preference of the
18 General Assembly that all working poor families should be
19 treated equally, regardless of their welfare status.
20 (b) To the extent resources permit, the Illinois
21 Department shall provide child care services to parents or
22 other relatives as defined by rule who are working or
23 participating in employment or Department approved education
24 or training programs. At a minimum, the Illinois Department
25 shall cover the following categories of families:
26 (1) recipients of TANF under Article IV
27 participating in work and training activities as
28 specified in the personal plan for employment and
29 self-sufficiency;
30 (2) families transitioning from TANF to work;
31 (3) families at risk of becoming recipients of
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1 TANF. The Illinois Department shall allocate not less
2 than 2.5% of the funds appropriated to the Department for
3 child care services under this Section to provide child
4 care services to families at risk of becoming TANF
5 recipients who are not currently receiving assistance
6 under Article IV, whose family income is below the
7 specified threshold for eligibility under this Section,
8 and who are enrolled and making satisfactory progress in:
9 (A) an adult basic education,
10 English-as-a-second-language, or GED preparation
11 program for up to 24 months, after which the parent
12 or other caretaker relative must be engaged in work
13 activities for at least 20 hours per week;
14 (B) an occupational or vocational training
15 program, accredited under requirements of State law,
16 of less than 24 months, including degree programs;
17 or
18 (C) an educational or training program other
19 than those defined in subdivision (b)(3)(B) that is
20 accredited under requirements of State law, if the
21 parent or other caretaker relative does not already
22 possess a baccalaureate degree and is engaged in
23 work activities for at least 20 hours per week or
24 can complete the program in one year or less. The
25 work activity requirement shall not apply to persons
26 who were receiving child care services on July 1,
27 1997 in order to work or attend school. The income
28 of the parent of an applicant for child care
29 services under this subdivision (b)(3)(C) shall be
30 considered in determining the applicant's
31 eligibility for services, and the amount of the
32 co-payment required, if the applicant is claimed as
33 a tax dependent on that parent's federal income tax
34 return.
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1 To measure unmet demand for child care services, the
2 Illinois Department shall collect identifying information
3 and data on all applicants for child care services
4 pursuant to this subdivision (b)(3) whom the Department
5 is unable to serve due to a lack of sufficient resources;
6 (4) families with special needs as defined by rule;
7 and
8 (5) working families with very low incomes as
9 defined by rule.
10 The Department shall specify by rule the conditions of
11 eligibility, the application process, and the types, amounts,
12 and duration of services. Eligibility for child care
13 benefits and the amount of child care provided may vary based
14 on family size, income, and other factors as specified by
15 rule. In determining income eligibility for child care
16 benefits, the Department shall establish, by rule, one income
17 threshold for each family size, in relation to percentage of
18 State median income for a family of that size, that makes
19 families with incomes below the specified threshold eligible
20 for assistance and families with incomes above the specified
21 threshold ineligible for assistance. In determining
22 eligibility for assistance, the Department shall not give
23 preference to any category of recipients or give preference
24 to individuals based on their receipt of benefits under this
25 Code. It is the intent of the General Assembly that, for
26 fiscal year 1998, to the extent resources permit, the
27 Department shall establish an income eligibility threshold of
28 50% of the current State median income. Notwithstanding the
29 income level at which families become eligible to receive
30 child care assistance, any family which remains otherwise
31 eligible for child care assistance shall continue to receive
32 child care assistance until the family income exceeds 60% of
33 current State median income that is already receiving child
34 care assistance on the effective date of this amendatory Act
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1 of 1997 shall remain eligible for assistance for fiscal year
2 1998. Nothing in this Section shall be construed as
3 conferring entitlement status to eligible families. The
4 Illinois Department is authorized to lower income eligibility
5 ceilings, raise parent co-payments, create waiting lists, or
6 take such other actions during a fiscal year as are necessary
7 to ensure that child care benefits paid under this Article do
8 not exceed the amounts appropriated for those child care
9 benefits. These changes may be accomplished by emergency
10 rule under Section 5-45 of the Illinois Administrative
11 Procedure Act, except that the limitation on the number of
12 emergency rules that may be adopted in a 24-month period
13 shall not apply. The Illinois Department may contract with
14 other State agencies or child care organizations for the
15 administration of child care services.
16 (c) Payment shall be made for child care that otherwise
17 meets the requirements of this Section and applicable
18 standards of State and local law and regulation, including
19 any requirements the Illinois Department promulgates by rule
20 in addition to the licensure requirements promulgated by the
21 Department of Children and Family Services and Fire
22 Prevention and Safety requirements promulgated by the Office
23 of the State Fire Marshal and is provided in any of the
24 following:
25 (1) a child care center which is licensed or exempt
26 from licensure pursuant to Section 2.09 of the Child Care
27 Act of 1969;
28 (2) a licensed child care home or home exempt from
29 licensing;
30 (3) a licensed group child care home;
31 (4) other types of child care, including child care
32 provided by relatives or persons living in the same home
33 as the child, as determined by the Illinois Department by
34 rule.
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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
5 based on family income, family size, and the number of
6 children in care.
7 (e) The Illinois Department shall conduct a market rate
8 survey based on the cost of care and other relevant factors
9 which shall be completed by July 1, 1998.
10 (f) The Illinois Department shall, by rule, set rates to
11 be paid for the various types of child care. Child care may
12 be provided through one of the following methods:
13 (1) arranging the child care through eligible
14 providers by use of purchase of service contracts or
15 vouchers;
16 (2) arranging with other agencies and community
17 volunteer groups for non-reimbursed child care;
18 (3) (blank); or
19 (4) adopting such other arrangements as the
20 Department determines appropriate.
21 (g) Families eligible for assistance under this Section
22 shall be given the following options:
23 (1) receiving a child care certificate issued by
24 the Department or a subcontractor of the Department that
25 may be used by the parents as payment for child care and
26 development services only; or
27 (2) if space is available, enrolling the child with
28 a child care provider that has a purchase of service
29 contract with the Department or a subcontractor of the
30 Department for the provision of child care and
31 development services. The Department may identify
32 particular priority populations for whom they may request
33 special consideration by a provider with purchase of
34 service contracts, provided that the providers shall be
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1 permitted to maintain a balance of clients in terms of
2 household incomes and families and children with special
3 needs, as defined by rule.
4 (Source: P.A. 90-17, eff. 7-1-97.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.