Bill Text: IL HB3540 | 2017-2018 | 100th General Assembly | Introduced

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. Effective July 1, 2017.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3540 Detail]

Download: Illinois-2017-HB3540-Introduced.html

State of Illinois
2017 and 2018

Introduced , by Rep. Litesa E. Wallace

305 ILCS 5/9A-11 from Ch. 23, par. 9A-11

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. Effective July 1, 2017.
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1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17Assembly that all working poor families should be treated
18equally, regardless of their welfare status.
19 (b) To the extent resources permit, the Illinois Department
20shall provide child care services to parents or other relatives
21as defined by rule who are working or participating in
22employment or Department approved education or training
23programs. At a minimum, the Illinois Department shall cover the

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1following categories of families:
2 (1) recipients of TANF under Article IV participating
3 in work and training activities as specified in the
4 personal plan for employment and self-sufficiency;
5 (2) families transitioning from TANF to work;
6 (3) families at risk of becoming recipients of TANF;
7 (4) families with special needs as defined by rule; and
8 (5) working families with very low incomes as defined
9 by rule.
10 The Department shall specify by rule the conditions of
11eligibility, the application process, and the types, amounts,
12and duration of services. Eligibility for child care benefits
13and the amount of child care provided may vary based on family
14size, income, and other factors as specified by rule.
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 the
20specified threshold eligible for assistance and families with
21incomes 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 for

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1each family size.
2 The Department shall provide child care services to all
3children who are eligible for assistance and are:
4 (A) under age 13; or
5 (B) under age 19 and (i) are under court supervision or
6 (ii) have physical or mental incapacities as documented by
7 a statement from a local health provider or other health
8 professional.
9 In determining eligibility for assistance, the Department
10shall not give preference to any category of recipients or give
11preference to individuals based on their receipt of benefits
12under this Code.
13 The Department shall allocate $7,500,000 annually for a
14test program for families who are income-eligible for child
15care assistance, who are not recipients of TANF under Article
16IV, and who need child care assistance to participate in
17education and training activities. The Department shall
18specify by rule the conditions of eligibility for this test
20 Nothing in this Section shall be construed as conferring
21entitlement status to eligible families.
22 The Illinois Department is authorized to lower income
23eligibility ceilings, raise parent co-payments, create waiting
24lists, or take such other actions during a fiscal year as are
25necessary to ensure that child care benefits paid under this
26Article do not exceed the amounts appropriated for those child

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1care benefits. These changes may be accomplished by emergency
2rule under Section 5-45 of the Illinois Administrative
3Procedure Act, except that the limitation on the number of
4emergency rules that may be adopted in a 24-month period shall
5not apply.
6 The Illinois Department may contract with other State
7agencies or child care organizations for the administration of
8child care services.
9 (c) Payment shall be made for child care that otherwise
10meets the requirements of this Section and applicable standards
11of State and local law and regulation, including any
12requirements the Illinois Department promulgates by rule in
13addition to the licensure requirements promulgated by the
14Department of Children and Family Services and Fire Prevention
15and Safety requirements promulgated by the Office of the State
16Fire Marshal and is provided in any of the following:
17 (1) a child care center which is licensed or exempt
18 from licensure pursuant to Section 2.09 of the Child Care
19 Act of 1969;
20 (2) a licensed child care home or home exempt from
21 licensing;
22 (3) a licensed group child care home;
23 (4) other types of child care, including child care
24 provided by relatives or persons living in the same home as
25 the child, as determined by the Illinois Department by
26 rule.

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1 (c-5) Solely for the purposes of coverage under the
2Illinois Public Labor Relations Act, child and day care home
3providers, including licensed and license exempt,
4participating in the Department's child care assistance
5program shall be considered to be public employees and the
6State of Illinois shall be considered to be their employer as
7of the effective date of this amendatory Act of the 94th
8General Assembly, but not before. The State shall engage in
9collective bargaining with an exclusive representative of
10child and day care home providers participating in the child
11care assistance program concerning their terms and conditions
12of employment that are within the State's control. Nothing in
13this subsection shall be understood to limit the right of
14families receiving services defined in this Section to select
15child and day care home providers or supervise them within the
16limits of this Section. The State shall not be considered to be
17the employer of child and day care home providers for any
18purposes not specifically provided in this amendatory Act of
19the 94th General Assembly, including but not limited to,
20purposes of vicarious liability in tort and purposes of
21statutory retirement or health insurance benefits. Child and
22day care home providers shall not be covered by the State
23Employees Group Insurance Act of 1971.
24 In according child and day care home providers and their
25selected representative rights under the Illinois Public Labor
26Relations Act, the State intends that the State action

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1exemption to application of federal and State antitrust laws be
2fully available to the extent that their activities are
3authorized by this amendatory Act of the 94th General Assembly.
4 (d) The Illinois Department shall establish, by rule, a
5co-payment scale that provides for cost sharing by families
6that receive child care services, including parents whose only
7income is from assistance under this Code. The co-payment shall
8be based on family income and family size and may be based on
9other factors as appropriate. Co-payments may be waived for
10families whose incomes are at or below the federal poverty
12 (d-5) The Illinois Department, in consultation with its
13Child Care and Development Advisory Council, shall develop a
14plan to revise the child care assistance program's co-payment
15scale. The plan shall be completed no later than February 1,
162008, and shall include:
17 (1) findings as to the percentage of income that the
18 average American family spends on child care and the
19 relative amounts that low-income families and the average
20 American family spend on other necessities of life;
21 (2) recommendations for revising the child care
22 co-payment scale to assure that families receiving child
23 care services from the Department are paying no more than
24 they can reasonably afford;
25 (3) recommendations for revising the child care
26 co-payment scale to provide at-risk children with complete

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1 access to Preschool for All and Head Start; and
2 (4) recommendations for changes in child care program
3 policies that affect the affordability of child care.
4 (e) (Blank).
5 (f) The Illinois Department shall, by rule, set rates to be
6paid for the various types of child care. Child care may be
7provided through one of the following methods:
8 (1) arranging the child care through eligible
9 providers by use of purchase of service contracts or
10 vouchers;
11 (2) arranging with other agencies and community
12 volunteer groups for non-reimbursed child care;
13 (3) (blank); or
14 (4) adopting such other arrangements as the Department
15 determines appropriate.
16 (f-5) (Blank).
17 (g) Families eligible for assistance under this Section
18shall be given the following options:
19 (1) receiving a child care certificate issued by the
20 Department or a subcontractor of the Department that may be
21 used by the parents as payment for child care and
22 development services only; or
23 (2) if space is available, enrolling the child with a
24 child care provider that has a purchase of service contract
25 with the Department or a subcontractor of the Department
26 for the provision of child care and development services.

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1 The Department may identify particular priority
2 populations for whom they may request special
3 consideration by a provider with purchase of service
4 contracts, provided that the providers shall be permitted
5 to maintain a balance of clients in terms of household
6 incomes and families and children with special needs, as
7 defined by rule.
8(Source: P.A. 97-422, eff. 8-16-11.)
9 Section 99. Effective date. This Act takes effect July 1,