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| Public Act 102-0926
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| HB4242 Enrolled | LRB102 19896 KTG 28672 b |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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.
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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 |
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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 |
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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 |
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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:
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(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 |
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audiologists,
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(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,
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(H) vision specialists, including ophthalmologists |
and optometrists,
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(I) psychologists, and
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(J) physicians;
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(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.
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(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.
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(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 |
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providing for the delivery of early
intervention services |
within a local community area.
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(h) "Council" means the Illinois Interagency Council on |
Early
Intervention established under Section 4.
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(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.
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(i-5) "Central billing office" means the central billing |
office created by
the lead agency under Section 13.
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(j) "Child find" means a service which identifies eligible |
infants and
toddlers.
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(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.
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(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.
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(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 |
