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Public Act 102-0926 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Section 5a as follows:
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(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
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Sec. 5a.
Reimbursable services for which the Department of | ||||
Children and
Family Services shall pay 100% of the reasonable | ||||
cost pursuant to a written
contract negotiated between the | ||||
Department and the agency furnishing the
services (which shall | ||||
include but not be limited to the determination of
reasonable | ||||
cost, the services being purchased and the duration of the
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agreement) include, but are not limited to:
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SERVICE ACTIVITIES
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Adjunctive Therapy;
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Child Care Service, including day care;
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Clinical Therapy;
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Custodial Service;
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Field Work Students;
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Food Service;
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Normal Education;
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In-Service Training;
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Intake or Evaluation, or both;
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Medical Services;
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Recreation;
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Social Work or Counselling, or both;
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Supportive Staff;
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Volunteers.
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OBJECT EXPENSES
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Professional Fees and Contract Service Payments;
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Supplies;
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Telephone and Telegram;
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Occupancy;
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Local Transportation;
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Equipment and Other Fixed Assets, including amortization
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of same;
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Miscellaneous.
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ADMINISTRATIVE COSTS
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Program Administration;
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Supervision and Consultation;
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Inspection and Monitoring for purposes of issuing
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licenses;
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Determination of Children who are eligible
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for federal or other reimbursement;
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Postage and Shipping;
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Outside Printing, Artwork, etc.;
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Subscriptions and Reference Publications;
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Management and General Expense.
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Reimbursement of administrative costs other than inspection | ||
and monitoring
for purposes of issuing licenses may not exceed | ||
20% of the costs
for other services.
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The Department may offer services to any child or family | ||
with respect to whom a report of suspected child abuse or | ||
neglect has been called in to the hotline after completion of a | ||
family assessment as provided under subsection (a-5) of | ||
Section 7.4 of the Abused and Neglected Child Reporting Act | ||
and the Department has determined that services are needed to | ||
address the safety of the child and other family members and | ||
the risk of subsequent maltreatment. Acceptance of such | ||
services shall be voluntary. | ||
All Object Expenses, Service Activities and Administrative
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Costs are allowable.
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If a survey instrument is used in the rate setting | ||
process:
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(a) with respect to any day care centers, it shall be | ||
limited to those
agencies which receive reimbursement from | ||
the State;
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(b) the cost survey instrument shall be promulgated by | ||
rule;
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(c) any requirements of the respondents shall be | ||
promulgated by rule;
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(d) all screens, limits or other tests of |
reasonableness, allowability
and reimbursability shall be | ||
promulgated by rule;
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(e) adjustments may be made by the Department to rates | ||
when it determines
that reported wage and salary levels | ||
are insufficient to attract capable
caregivers in | ||
sufficient numbers.
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The Department of Children and Family Services may pay | ||
100% of the
reasonable costs of research and valuation
focused | ||
exclusively on services to youth in care. Such research | ||
projects must be approved, in advance, by
the Director of the | ||
Department.
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In addition to reimbursements otherwise provided for in | ||
this Section,
the Department of Human Services shall, in | ||
accordance with annual written
agreements, make
advance | ||
quarterly disbursements to local public agencies for child day | ||
care
services with funds appropriated from the Local Effort | ||
Day Care Fund.
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Neither the Department of Children and Family Services nor | ||
the
Department of Human Services shall pay or approve | ||
reimbursement for
day care in a facility which is operating | ||
without a valid license or permit,
except in the case of day | ||
care homes or day care centers which are exempt from
the | ||
licensing requirements of the "Child Care Act of 1969".
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The rates paid to day care providers by the Department of | ||
Children and Family Services shall match the rates paid to | ||
child care providers by the Department of Human Services under |
the child care assistance program, including base rates and | ||
any relevant rate enhancements. | ||
(Source: P.A. 100-159, eff. 8-18-17.)
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Section 10. The Illinois Public Aid Code is amended by | ||
changing Section 9A-11 as follows:
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(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
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Sec. 9A-11. Child care.
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(a) The General Assembly recognizes that families with | ||
children need child
care in order to work. Child care is | ||
expensive and families with low incomes,
including those who | ||
are transitioning from welfare to work, often struggle to
pay | ||
the costs of day care. The
General Assembly understands the | ||
importance of helping low-income working
families become and | ||
remain self-sufficient. The General Assembly also believes
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that it is the responsibility of families to share in the costs | ||
of child care.
It is also the preference of the General | ||
Assembly that all working poor
families should be treated | ||
equally, regardless of their welfare status.
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(b) To the extent resources permit, the Illinois | ||
Department shall provide
child care services to parents or | ||
other relatives as defined by rule who are
working or | ||
participating in employment or Department approved
education | ||
or training programs. At a minimum, the Illinois Department | ||
shall
cover the following categories of families:
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(1) recipients of TANF under Article IV participating | ||
in work and training
activities as specified in the | ||
personal plan for employment and
self-sufficiency;
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(2) families transitioning from TANF to work;
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(3) families at risk of becoming recipients of TANF;
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(4) families with special needs as defined by rule;
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(5) working families with very low incomes as defined | ||
by rule;
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(6) families that are not recipients of TANF and that | ||
need child care assistance to participate in education and | ||
training activities; and | ||
(7) youth in care, as defined in Section 4d of the | ||
Children and Family Services Act, who are parents, | ||
regardless of income or whether they are working or | ||
participating in Department-approved employment or | ||
education or training programs. Any family that receives | ||
child care assistance in accordance with this paragraph | ||
shall receive one additional 12-month child care | ||
eligibility period after the parenting youth in care's | ||
case with the Department of Children and Family Services | ||
is closed, regardless of income or whether the parenting | ||
youth in care is working or participating in | ||
Department-approved employment or education or training | ||
programs; | ||
(8) families receiving Extended Family Support Program | ||
services from the Department of Children and Family |
Services, regardless of income or whether they are working | ||
or participating in Department-approved employment or | ||
education or training programs; and | ||
(9) (7) families with children under the age of 5 who | ||
have an open intact family services case with the | ||
Department of Children and Family Services. Any family | ||
that receives child care assistance in accordance with | ||
this paragraph shall remain eligible for child care | ||
assistance 6 months after the child's intact family | ||
services case is closed, regardless of whether the child's | ||
parents or other relatives as defined by rule are working | ||
or participating in Department approved employment or | ||
education or training programs. The Department of Human | ||
Services, in consultation with the Department of Children | ||
and Family Services, shall adopt rules to protect the | ||
privacy of families who are the subject of an open intact | ||
family services case when such families enroll in child | ||
care services. Additional rules shall be adopted to offer | ||
children who have an open intact family services case the | ||
opportunity to receive an Early Intervention screening and | ||
other services that their families may be eligible for as | ||
provided by the Department of Human Services. | ||
Beginning October 1, 2023, and every October 1 thereafter, | ||
the Department of Children and Family Services shall report to | ||
the General Assembly on the number of children who received | ||
child care via vouchers paid for by the Department of Children |
and Family Services during the preceding fiscal year. The | ||
report shall include the ages of children who received child | ||
care, the type of child care they received, and the number of | ||
months they received child care. | ||
The Department shall specify by rule the conditions of | ||
eligibility, the
application process, and the types, amounts, | ||
and duration of services.
Eligibility for
child care benefits | ||
and the amount of child care provided may vary based on
family | ||
size, income,
and other factors as specified by rule.
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The Department shall update the Child Care Assistance | ||
Program Eligibility Calculator posted on its website to | ||
include a question on whether a family is applying for child | ||
care assistance for the first time or is applying for a | ||
redetermination of eligibility. | ||
A family's eligibility for child care services shall be | ||
redetermined no sooner than 12 months following the initial | ||
determination or most recent redetermination. During the | ||
12-month periods, the family shall remain eligible for child | ||
care services regardless of (i) a change in family income, | ||
unless family income exceeds 85% of State median income, or | ||
(ii) a temporary change in the ongoing status of the parents or | ||
other relatives, as defined by rule, as working or attending a | ||
job training or educational program. | ||
In determining income eligibility for child care benefits, | ||
the Department
annually, at the beginning of each fiscal year, | ||
shall
establish, by rule, one income threshold for each family |
size, in relation to
percentage of State median income for a | ||
family of that size, that makes
families with incomes below | ||
the specified threshold eligible for assistance
and families | ||
with incomes above the specified threshold ineligible for
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assistance. Through and including fiscal year 2007, the | ||
specified threshold must be no less than 50% of the
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then-current State median income for each family size. | ||
Beginning in fiscal year 2008, the specified threshold must be | ||
no less than 185% of the then-current federal poverty level | ||
for each family size. Notwithstanding any other provision of | ||
law or administrative rule to the contrary, beginning in | ||
fiscal year 2019, the specified threshold for working families | ||
with very low incomes as defined by rule must be no less than | ||
185% of the then-current federal poverty level for each family | ||
size. Notwithstanding any other provision of law or | ||
administrative rule to the contrary, beginning in State fiscal | ||
year 2022, the specified
income threshold shall be no less | ||
than 200% of the
then-current federal poverty level for each | ||
family size.
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In determining eligibility for
assistance, the Department | ||
shall not give preference to any category of
recipients
or | ||
give preference to individuals based on their receipt of | ||
benefits under this
Code.
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Nothing in this Section shall be
construed as conferring | ||
entitlement status to eligible families.
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The Illinois
Department is authorized to lower income |
eligibility ceilings, raise parent
co-payments, create waiting | ||
lists, or take such other actions during a fiscal
year as are | ||
necessary to ensure that child care benefits paid under this
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Article do not exceed the amounts appropriated for those child | ||
care benefits.
These changes may be accomplished by emergency | ||
rule under Section 5-45 of the
Illinois Administrative | ||
Procedure Act, except that the limitation on the number
of | ||
emergency rules that may be adopted in a 24-month period shall | ||
not apply.
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The Illinois Department may contract with other State | ||
agencies or child care
organizations for the administration of | ||
child care services.
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(c) Payment shall be made for child care that otherwise | ||
meets the
requirements of this Section and applicable | ||
standards of State and local
law and regulation, including any | ||
requirements the Illinois Department
promulgates by rule in | ||
addition to the licensure
requirements
promulgated by the | ||
Department of Children and Family Services and Fire
Prevention | ||
and Safety requirements promulgated by the Office of the State
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Fire Marshal, and is provided in any of the following:
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(1) a child care center which is licensed or exempt | ||
from licensure
pursuant to Section 2.09 of the Child Care | ||
Act of 1969;
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(2) a licensed child care home or home exempt from | ||
licensing;
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(3) a licensed group child care home;
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(4) other types of child care, including child care | ||
provided
by relatives or persons living in the same home | ||
as the child, as determined by
the Illinois Department by | ||
rule.
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(c-5)
Solely for the purposes of coverage under the | ||
Illinois Public Labor Relations Act, child and day care home | ||
providers, including licensed and license exempt, | ||
participating in the Department's child care assistance | ||
program shall be considered to be public employees and the | ||
State of Illinois shall be considered to be their employer as | ||
of January 1, 2006 (the effective date of Public Act 94-320), | ||
but not before. The State shall engage in collective | ||
bargaining with an exclusive representative of child and day | ||
care home providers participating in the child care assistance | ||
program concerning their terms and conditions of employment | ||
that are within the State's control. Nothing in this | ||
subsection shall be understood to limit the right of families | ||
receiving services defined in this Section to select child and | ||
day care home providers or supervise them within the limits of | ||
this Section. The State shall not be considered to be the | ||
employer of child and day care home providers for any purposes | ||
not specifically provided in Public Act 94-320, including, but | ||
not limited to, purposes of vicarious liability in tort and | ||
purposes of statutory retirement or health insurance benefits. | ||
Child and day care home providers shall not be covered by the | ||
State Employees Group Insurance Act of 1971. |
In according child and day care home providers and their | ||
selected representative rights under the Illinois Public Labor | ||
Relations Act, the State intends that the State action | ||
exemption to application of federal and State antitrust laws | ||
be fully available to the extent that their activities are | ||
authorized by Public Act 94-320.
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(d) The Illinois Department shall establish, by rule, a | ||
co-payment scale that provides for cost sharing by families | ||
that receive
child care services, including parents whose only | ||
income is from
assistance under this Code. The co-payment | ||
shall be based on family income and family size and may be | ||
based on other factors as appropriate. Co-payments may be | ||
waived for families whose incomes are at or below the federal | ||
poverty level.
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(d-5) The Illinois Department, in consultation with its | ||
Child Care and Development Advisory Council, shall develop a | ||
plan to revise the child care assistance program's co-payment | ||
scale. The plan shall be completed no later than February 1, | ||
2008, and shall include: | ||
(1) findings as to the percentage of income that the | ||
average American family spends on child care and the | ||
relative amounts that low-income families and the average | ||
American family spend on other necessities of life;
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(2) recommendations for revising the child care | ||
co-payment scale to assure that families receiving child | ||
care services from the Department are paying no more than |
they can reasonably afford; | ||
(3) recommendations for revising the child care | ||
co-payment scale to provide at-risk children with complete | ||
access to Preschool for All and Head Start; and | ||
(4) recommendations for changes in child care program | ||
policies that affect the affordability of child care.
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(e) (Blank).
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(f) The Illinois Department shall, by rule, set rates to | ||
be paid for the
various types of child care. Child care may be | ||
provided through one of the
following methods:
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(1) arranging the child care through eligible | ||
providers by use of
purchase of service contracts or | ||
vouchers;
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(2) arranging with other agencies and community | ||
volunteer groups for
non-reimbursed child care;
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(3) (blank); or
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(4) adopting such other arrangements as the Department | ||
determines
appropriate.
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(f-1) Within 30 days after June 4, 2018 (the effective | ||
date of Public Act 100-587), the Department of Human Services | ||
shall establish rates for child care providers that are no | ||
less than the rates in effect on January 1, 2018 increased by | ||
4.26%. | ||
(f-5) (Blank). | ||
(g) Families eligible for assistance under this Section | ||
shall be given the
following options:
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(1) receiving a child care certificate issued by the | ||
Department or a
subcontractor of the Department that may | ||
be used by the parents as payment for
child care and | ||
development services only; or
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(2) if space is available, enrolling the child with a | ||
child care provider
that has a purchase of service | ||
contract with the Department or a subcontractor
of the | ||
Department for the provision of child care and development | ||
services.
The Department may identify particular priority | ||
populations for whom they may
request special | ||
consideration by a provider with purchase of service
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contracts, provided that the providers shall be permitted | ||
to maintain a balance
of clients in terms of household | ||
incomes and families and children with special
needs, as | ||
defined by rule.
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(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | ||
102-491, eff. 8-20-21; revised 11-8-21.)
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Section 15. The Early Intervention Services System Act is | ||
amended by changing Section 3 as follows:
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(325 ILCS 20/3) (from Ch. 23, par. 4153)
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Sec. 3. Definitions. As used in this Act:
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(a) "Eligible infants and toddlers" means infants and | ||
toddlers
under 36 months of age with any of the following | ||
conditions:
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(1) Developmental delays.
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(2) A physical or mental condition which typically | ||
results in
developmental delay.
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(3) Being at risk of having substantial developmental | ||
delays
based on informed clinical opinion.
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(4) Either (A) having entered the program under any of
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the circumstances listed in paragraphs (1) through (3) of | ||
this
subsection
but no
longer meeting
the current | ||
eligibility criteria under those paragraphs,
and | ||
continuing to have any measurable delay, or (B) not
having | ||
attained a level of development in each area,
including
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(i) cognitive, (ii) physical (including vision and | ||
hearing), (iii)
language,
speech, and communication, (iv) | ||
social or emotional, or (v) adaptive, that
is at least at | ||
the mean of the child's age equivalent peers;
and,
in | ||
addition to either item (A) or item (B), (C)
having
been | ||
determined by the multidisciplinary individualized
family | ||
service plan
team to require the continuation of early | ||
intervention services in order to
support
continuing
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developmental progress, pursuant to the child's needs and | ||
provided in an
appropriate
developmental manner. The type, | ||
frequency, and intensity of services shall
differ from
the | ||
initial individualized family services plan because of the | ||
child's
developmental
progress, and may consist of only | ||
service coordination, evaluation, and
assessments.
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"Eligible infants and toddlers" includes any child under |
the age of 3 who is the subject of a substantiated case of | ||
child abuse or neglect as defined in the federal Child Abuse | ||
Prevention and Treatment Act. | ||
(b) "Developmental delay" means a delay in one or more of | ||
the following
areas of childhood development as measured by | ||
appropriate diagnostic
instruments and standard procedures: | ||
cognitive; physical, including vision
and hearing; language, | ||
speech and communication; social or emotional;
or adaptive. | ||
The term means a delay of 30% or more below the mean in
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function in one or more of those areas.
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(c) "Physical or mental condition which typically results | ||
in developmental
delay" means:
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(1) a diagnosed medical disorder or exposure to a | ||
toxic substance bearing a relatively well known
expectancy | ||
for developmental outcomes within varying ranges of | ||
developmental
disabilities; or
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(2) a history of prenatal, perinatal, neonatal or | ||
early developmental
events suggestive of biological | ||
insults to the developing central nervous
system and which | ||
either singly or collectively increase the probability of
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developing a disability or delay based on a medical | ||
history.
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(d) "Informed clinical opinion" means both clinical | ||
observations and
parental participation to determine | ||
eligibility by a consensus of a
multidisciplinary team of 2 or | ||
more members based on their professional
experience and |
expertise.
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(e) "Early intervention services" means services which:
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(1) are designed to meet the developmental needs of | ||
each child
eligible under this Act and the needs of his or | ||
her family;
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(2) are selected in collaboration with the child's | ||
family;
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(3) are provided under public supervision;
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(4) are provided at no cost except where a schedule of | ||
sliding scale
fees or other system of payments by families | ||
has been adopted in accordance
with State and federal law;
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(5) are designed to meet an infant's or toddler's | ||
developmental needs in
any of the following areas:
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(A) physical development, including vision and | ||
hearing,
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(B) cognitive development,
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(C) communication development,
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(D) social or emotional development, or
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(E) adaptive development;
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(6) meet the standards of the State, including the | ||
requirements of this Act;
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(7) include one or more of the following:
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(A) family training,
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(B) social work services, including counseling, | ||
and home visits,
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(C) special instruction,
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(D) speech, language pathology and audiology,
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(E) occupational therapy,
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(F) physical therapy,
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(G) psychological services,
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(H) service coordination services,
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(I) medical services only for diagnostic or | ||
evaluation purposes,
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(J) early identification, screening, and | ||
assessment services,
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(K) health services specified by the lead agency | ||
as necessary to
enable the infant or toddler to | ||
benefit from the other early intervention
services,
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(L) vision services,
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(M) transportation,
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(N) assistive technology devices and services,
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(O) nursing services, | ||
(P) nutrition services, and | ||
(Q) sign language and cued language services; | ||
(8) are provided by qualified personnel, including but | ||
not limited to:
| ||
(A) child development specialists or special | ||
educators, including teachers of children with hearing | ||
impairments (including deafness) and teachers of | ||
children with vision impairments (including | ||
blindness),
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(B) speech and language pathologists and |
audiologists,
| ||
(C) occupational therapists,
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(D) physical therapists,
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(E) social workers,
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(F) nurses,
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(G) dietitian nutritionists,
| ||
(H) vision specialists, including ophthalmologists | ||
and optometrists,
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(I) psychologists, and
| ||
(J) physicians;
| ||
(9) are provided in conformity with an Individualized | ||
Family Service Plan;
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(10) are provided throughout the year; and
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(11) are provided in natural
environments, to the | ||
maximum extent appropriate, which may include the home and | ||
community settings, unless justification is provided | ||
consistent with federal regulations adopted under Sections | ||
1431 through 1444 of Title 20 of the United States Code.
| ||
(f) "Individualized Family Service Plan" or "Plan" means a | ||
written plan for
providing early intervention services to a | ||
child eligible under this Act
and the child's family, as set | ||
forth in Section 11.
| ||
(g) "Local interagency agreement" means an agreement | ||
entered into by
local community and State and regional | ||
agencies receiving early
intervention funds directly from the | ||
State and made in accordance with
State interagency agreements |
providing for the delivery of early
intervention services | ||
within a local community area.
| ||
(h) "Council" means the Illinois Interagency Council on | ||
Early
Intervention established under Section 4.
| ||
(i) "Lead agency" means the State agency
responsible for | ||
administering this Act and
receiving and disbursing public | ||
funds received in accordance with State and
federal law and | ||
rules.
| ||
(i-5) "Central billing office" means the central billing | ||
office created by
the lead agency under Section 13.
| ||
(j) "Child find" means a service which identifies eligible | ||
infants and
toddlers.
| ||
(k) "Regional intake entity" means the lead agency's | ||
designated entity
responsible for implementation of the Early | ||
Intervention Services System within
its designated geographic | ||
area.
| ||
(l) "Early intervention provider" means an individual who | ||
is qualified, as
defined by the lead agency, to provide one or | ||
more types of early intervention
services, and who has | ||
enrolled as a provider in the early intervention program.
| ||
(m) "Fully credentialed early intervention provider" means | ||
an individual who
has met the standards in the State | ||
applicable to the relevant
profession, and has met such other | ||
qualifications as the lead agency has
determined are suitable | ||
for personnel providing early intervention services,
including | ||
pediatric experience, education, and continuing education. The |
lead
agency shall establish these qualifications by rule filed | ||
no later than 180
days
after the effective date of this | ||
amendatory Act of the 92nd General Assembly.
| ||
(n) "Telehealth" has the meaning given to that term in | ||
Section 5 of the Telehealth Act. | ||
(Source: P.A. 101-10, eff. 6-5-19; 102-104, eff. 7-22-21.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law, except that Section 5 takes effect on July 1, | ||
2023. |