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Illinois House Bill HB4432

Illinois 2023-2024 Regular Session

Illinois House Bill HB4432 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4432 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Amends the Illinois Public Aid Code. In a provision concerning the child care assistance program, provides that beginning in State fiscal year 2025, the specified income threshold shall be no less than 400% of the then current federal poverty level for each family size. Effective July 1, 2024. LRB103 36581 KTG 66690 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4432 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Amends the Illinois Public Aid Code. In a provision concerning the child care assistance program, provides that beginning in State fiscal year 2025, the specified income threshold shall be no less than 400% of the then current federal poverty level for each family size. Effective July 1, 2024. LRB103 36581 KTG 66690 b LRB103 36581 KTG 66690 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4432 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
33 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
44 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
55 Amends the Illinois Public Aid Code. In a provision concerning the child care assistance program, provides that beginning in State fiscal year 2025, the specified income threshold shall be no less than 400% of the then current federal poverty level for each family size. Effective July 1, 2024.
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1111 1 AN ACT concerning public aid.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Public Aid Code is amended by
1515 5 changing Section 9A-11 as follows:
1616 6 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
1717 7 Sec. 9A-11. Child care.
1818 8 (a) The General Assembly recognizes that families with
1919 9 children need child care in order to work. Child care is
2020 10 expensive and families with limited access to economic
2121 11 resources, including those who are transitioning from welfare
2222 12 to work, often struggle to pay the costs of day care. The
2323 13 General Assembly understands the importance of helping working
2424 14 families with limited access to economic resources become and
2525 15 remain self-sufficient. The General Assembly also believes
2626 16 that it is the responsibility of families to share in the costs
2727 17 of child care. It is also the preference of the General
2828 18 Assembly that all working families with limited access to
2929 19 economic resources should be treated equally, regardless of
3030 20 their welfare status.
3131 21 (b) To the extent resources permit, the Illinois
3232 22 Department shall provide child care services to parents or
3333 23 other relatives as defined by rule who are working or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4432 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3838 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
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4040 Amends the Illinois Public Aid Code. In a provision concerning the child care assistance program, provides that beginning in State fiscal year 2025, the specified income threshold shall be no less than 400% of the then current federal poverty level for each family size. Effective July 1, 2024.
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6868 1 participating in employment or Department approved education
6969 2 or training programs. At a minimum, the Illinois Department
7070 3 shall cover the following categories of families:
7171 4 (1) recipients of TANF under Article IV participating
7272 5 in work and training activities as specified in the
7373 6 personal plan for employment and self-sufficiency;
7474 7 (2) families transitioning from TANF to work;
7575 8 (3) families at risk of becoming recipients of TANF;
7676 9 (4) families with special needs as defined by rule;
7777 10 (5) working families with very low incomes as defined
7878 11 by rule;
7979 12 (6) families that are not recipients of TANF and that
8080 13 need child care assistance to participate in education and
8181 14 training activities;
8282 15 (7) youth in care, as defined in Section 4d of the
8383 16 Children and Family Services Act, who are parents,
8484 17 regardless of income or whether they are working or
8585 18 participating in Department-approved employment or
8686 19 education or training programs. Any family that receives
8787 20 child care assistance in accordance with this paragraph
8888 21 shall receive one additional 12-month child care
8989 22 eligibility period after the parenting youth in care's
9090 23 case with the Department of Children and Family Services
9191 24 is closed, regardless of income or whether the parenting
9292 25 youth in care is working or participating in
9393 26 Department-approved employment or education or training
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104104 1 programs;
105105 2 (8) families receiving Extended Family Support Program
106106 3 services from the Department of Children and Family
107107 4 Services, regardless of income or whether they are working
108108 5 or participating in Department-approved employment or
109109 6 education or training programs; and
110110 7 (9) families with children under the age of 5 who have
111111 8 an open intact family services case with the Department of
112112 9 Children and Family Services. Any family that receives
113113 10 child care assistance in accordance with this paragraph
114114 11 shall remain eligible for child care assistance 6 months
115115 12 after the child's intact family services case is closed,
116116 13 regardless of whether the child's parents or other
117117 14 relatives as defined by rule are working or participating
118118 15 in Department approved employment or education or training
119119 16 programs. The Department of Human Services, in
120120 17 consultation with the Department of Children and Family
121121 18 Services, shall adopt rules to protect the privacy of
122122 19 families who are the subject of an open intact family
123123 20 services case when such families enroll in child care
124124 21 services. Additional rules shall be adopted to offer
125125 22 children who have an open intact family services case the
126126 23 opportunity to receive an Early Intervention screening and
127127 24 other services that their families may be eligible for as
128128 25 provided by the Department of Human Services.
129129 26 Beginning October 1, 2023, and every October 1 thereafter,
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140140 1 the Department of Children and Family Services shall report to
141141 2 the General Assembly on the number of children who received
142142 3 child care via vouchers paid for by the Department of Children
143143 4 and Family Services during the preceding fiscal year. The
144144 5 report shall include the ages of children who received child
145145 6 care, the type of child care they received, and the number of
146146 7 months they received child care.
147147 8 The Department shall specify by rule the conditions of
148148 9 eligibility, the application process, and the types, amounts,
149149 10 and duration of services. Eligibility for child care benefits
150150 11 and the amount of child care provided may vary based on family
151151 12 size, income, and other factors as specified by rule.
152152 13 The Department shall update the Child Care Assistance
153153 14 Program Eligibility Calculator posted on its website to
154154 15 include a question on whether a family is applying for child
155155 16 care assistance for the first time or is applying for a
156156 17 redetermination of eligibility.
157157 18 A family's eligibility for child care services shall be
158158 19 redetermined no sooner than 12 months following the initial
159159 20 determination or most recent redetermination. During the
160160 21 12-month periods, the family shall remain eligible for child
161161 22 care services regardless of (i) a change in family income,
162162 23 unless family income exceeds 85% of State median income, or
163163 24 (ii) a temporary change in the ongoing status of the parents or
164164 25 other relatives, as defined by rule, as working or attending a
165165 26 job training or educational program.
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176176 1 In determining income eligibility for child care benefits,
177177 2 the Department annually, at the beginning of each fiscal year,
178178 3 shall establish, by rule, one income threshold for each family
179179 4 size, in relation to percentage of State median income for a
180180 5 family of that size, that makes families with incomes below
181181 6 the specified threshold eligible for assistance and families
182182 7 with incomes above the specified threshold ineligible for
183183 8 assistance. Through and including fiscal year 2007, the
184184 9 specified threshold must be no less than 50% of the
185185 10 then-current State median income for each family size.
186186 11 Beginning in fiscal year 2008, the specified threshold must be
187187 12 no less than 185% of the then-current federal poverty level
188188 13 for each family size. Notwithstanding any other provision of
189189 14 law or administrative rule to the contrary, beginning in
190190 15 fiscal year 2019, the specified threshold for working families
191191 16 with very low incomes as defined by rule must be no less than
192192 17 185% of the then-current federal poverty level for each family
193193 18 size. Notwithstanding any other provision of law or
194194 19 administrative rule to the contrary, beginning in State fiscal
195195 20 year 2022 through State fiscal year 2023, the specified income
196196 21 threshold shall be no less than 200% of the then-current
197197 22 federal poverty level for each family size. In Beginning in
198198 23 State fiscal year 2024, the specified income threshold shall
199199 24 be no less than 225% of the then-current federal poverty level
200200 25 for each family size. Beginning in State fiscal year 2025, the
201201 26 specified income threshold shall be no less than 400% of the
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212212 1 then-current federal poverty level for each family size.
213213 2 In determining eligibility for assistance, the Department
214214 3 shall not give preference to any category of recipients or
215215 4 give preference to individuals based on their receipt of
216216 5 benefits under this Code.
217217 6 Nothing in this Section shall be construed as conferring
218218 7 entitlement status to eligible families.
219219 8 The Illinois Department is authorized to lower income
220220 9 eligibility ceilings, raise parent co-payments, create waiting
221221 10 lists, or take such other actions during a fiscal year as are
222222 11 necessary to ensure that child care benefits paid under this
223223 12 Article do not exceed the amounts appropriated for those child
224224 13 care benefits. These changes may be accomplished by emergency
225225 14 rule under Section 5-45 of the Illinois Administrative
226226 15 Procedure Act, except that the limitation on the number of
227227 16 emergency rules that may be adopted in a 24-month period shall
228228 17 not apply.
229229 18 The Illinois Department may contract with other State
230230 19 agencies or child care organizations for the administration of
231231 20 child care services.
232232 21 (c) Payment shall be made for child care that otherwise
233233 22 meets the requirements of this Section and applicable
234234 23 standards of State and local law and regulation, including any
235235 24 requirements the Illinois Department promulgates by rule in
236236 25 addition to the licensure requirements promulgated by the
237237 26 Department of Children and Family Services and Fire Prevention
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248248 1 and Safety requirements promulgated by the Office of the State
249249 2 Fire Marshal, and is provided in any of the following:
250250 3 (1) a child care center which is licensed or exempt
251251 4 from licensure pursuant to Section 2.09 of the Child Care
252252 5 Act of 1969;
253253 6 (2) a licensed child care home or home exempt from
254254 7 licensing;
255255 8 (3) a licensed group child care home;
256256 9 (4) other types of child care, including child care
257257 10 provided by relatives or persons living in the same home
258258 11 as the child, as determined by the Illinois Department by
259259 12 rule.
260260 13 (c-5) Solely for the purposes of coverage under the
261261 14 Illinois Public Labor Relations Act, child and day care home
262262 15 providers, including licensed and license exempt,
263263 16 participating in the Department's child care assistance
264264 17 program shall be considered to be public employees and the
265265 18 State of Illinois shall be considered to be their employer as
266266 19 of January 1, 2006 (the effective date of Public Act 94-320),
267267 20 but not before. The State shall engage in collective
268268 21 bargaining with an exclusive representative of child and day
269269 22 care home providers participating in the child care assistance
270270 23 program concerning their terms and conditions of employment
271271 24 that are within the State's control. Nothing in this
272272 25 subsection shall be understood to limit the right of families
273273 26 receiving services defined in this Section to select child and
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284284 1 day care home providers or supervise them within the limits of
285285 2 this Section. The State shall not be considered to be the
286286 3 employer of child and day care home providers for any purposes
287287 4 not specifically provided in Public Act 94-320, including, but
288288 5 not limited to, purposes of vicarious liability in tort and
289289 6 purposes of statutory retirement or health insurance benefits.
290290 7 Child and day care home providers shall not be covered by the
291291 8 State Employees Group Insurance Act of 1971.
292292 9 In according child and day care home providers and their
293293 10 selected representative rights under the Illinois Public Labor
294294 11 Relations Act, the State intends that the State action
295295 12 exemption to application of federal and State antitrust laws
296296 13 be fully available to the extent that their activities are
297297 14 authorized by Public Act 94-320.
298298 15 (d) The Illinois Department shall establish, by rule, a
299299 16 co-payment scale that provides for cost sharing by families
300300 17 that receive child care services, including parents whose only
301301 18 income is from assistance under this Code. The co-payment
302302 19 shall be based on family income and family size and may be
303303 20 based on other factors as appropriate. Co-payments may be
304304 21 waived for families whose incomes are at or below the federal
305305 22 poverty level.
306306 23 (d-5) The Illinois Department, in consultation with its
307307 24 Child Care and Development Advisory Council, shall develop a
308308 25 plan to revise the child care assistance program's co-payment
309309 26 scale. The plan shall be completed no later than February 1,
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320320 1 2008, and shall include:
321321 2 (1) findings as to the percentage of income that the
322322 3 average American family spends on child care and the
323323 4 relative amounts that low-income families and the average
324324 5 American family spend on other necessities of life;
325325 6 (2) recommendations for revising the child care
326326 7 co-payment scale to assure that families receiving child
327327 8 care services from the Department are paying no more than
328328 9 they can reasonably afford;
329329 10 (3) recommendations for revising the child care
330330 11 co-payment scale to provide at-risk children with complete
331331 12 access to Preschool for All and Head Start; and
332332 13 (4) recommendations for changes in child care program
333333 14 policies that affect the affordability of child care.
334334 15 (e) (Blank).
335335 16 (f) The Illinois Department shall, by rule, set rates to
336336 17 be paid for the various types of child care. Child care may be
337337 18 provided through one of the following methods:
338338 19 (1) arranging the child care through eligible
339339 20 providers by use of purchase of service contracts or
340340 21 vouchers;
341341 22 (2) arranging with other agencies and community
342342 23 volunteer groups for non-reimbursed child care;
343343 24 (3) (blank); or
344344 25 (4) adopting such other arrangements as the Department
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356356 1 (f-1) Within 30 days after June 4, 2018 (the effective
357357 2 date of Public Act 100-587), the Department of Human Services
358358 3 shall establish rates for child care providers that are no
359359 4 less than the rates in effect on January 1, 2018 increased by
360360 5 4.26%.
361361 6 (f-5) (Blank).
362362 7 (g) Families eligible for assistance under this Section
363363 8 shall be given the following options:
364364 9 (1) receiving a child care certificate issued by the
365365 10 Department or a subcontractor of the Department that may
366366 11 be used by the parents as payment for child care and
367367 12 development services only; or
368368 13 (2) if space is available, enrolling the child with a
369369 14 child care provider that has a purchase of service
370370 15 contract with the Department or a subcontractor of the
371371 16 Department for the provision of child care and development
372372 17 services. The Department may identify particular priority
373373 18 populations for whom they may request special
374374 19 consideration by a provider with purchase of service
375375 20 contracts, provided that the providers shall be permitted
376376 21 to maintain a balance of clients in terms of household
377377 22 incomes and families and children with special needs, as
378378 23 defined by rule.
379379 24 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
380380 25 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
381381 26 Section 99. Effective date. This Act takes effect July 1,
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