Bill Text: IL HB0071 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Illinois Public Aid Code. Requires the Department of Human Services to provide child care services to all children who are eligible for assistance and are: (A) under age 13; or (B) under age 19 and (i) are under court supervision or (ii) have physical or mental incapacities as documented by a statement from a local health provider or other health professional. Deletes a provision that authorizes the Department to: (i) 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 the Illinois Public Aid Code do not exceed the amounts appropriated for those child care benefits; and (ii) accomplish such changes by emergency rule. Effective July 1, 2019.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0071 Detail]

Download: Illinois-2019-HB0071-Engrossed.html

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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 9A-11 as follows:
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child care.
(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 low income working families
become and remain self-sufficient. The General Assembly also
believes 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.
(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

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following categories of families:
(1) recipients of TANF under Article IV participating
in work and training activities as specified in the
personal plan for employment and self-sufficiency;
(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;
(5) working families with very low incomes as defined
by rule;
(6) families that are not recipients of TANF and that
need child care assistance to participate in education and
training activities; and
(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

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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.
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.
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
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.
The Department shall provide child care services to all
children who are eligible for assistance and are:
(A) under age 13; or
(B) under age 19 and (i) are under court supervision or
(ii) have physical or mental incapacities as documented by
a statement from a local health provider or other health
professional.
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.
Nothing in this Section shall be construed as conferring
entitlement status to eligible families.
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

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necessary to ensure that child care benefits paid under this
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.
The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
(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
Fire Marshal, and is provided in any of the following:
(1) a child care center which is licensed or exempt
from licensure pursuant to Section 2.09 of the Child Care
Act of 1969;
(2) a licensed child care home or home exempt from
licensing;
(3) a licensed group child care home;
(4) other types of child care, including child care
provided by relatives or persons living in the same home as

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the child, as determined by the Illinois Department by
rule.
(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)
this amendatory Act of the 94th General Assembly, 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 this amendatory Act of the 94th General
Assembly, 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.

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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 this amendatory Act of the 94th
General Assembly.
(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.
(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;
(2) recommendations for revising the child care
co-payment scale to assure that families receiving child

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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.
(e) (Blank).
(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:
(1) arranging the child care through eligible
providers by use of purchase of service contracts or
vouchers;
(2) arranging with other agencies and community
volunteer groups for non-reimbursed child care;
(3) (blank); or
(4) adopting such other arrangements as the Department
determines appropriate.
(f-1) Within 30 days after June 4, 2018 (the effective date
of Public Act 100-587) this amendatory Act of the 100th General
Assembly, 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

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shall be given the following options:
(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
(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
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.
(Source: P.A. 100-387, eff. 8-25-17; 100-587, eff. 6-4-18;
100-860, eff. 2-14-19; 100-909, eff. 10-1-18; 100-916, eff.
8-17-18; revised 10-9-18.)