Illinois 2023-2024 Regular Session

Illinois House Bill HB4760 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4760 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 listing the categories of families and individuals eligible for child care assistance, expands the list to include families whose children are enrolled in a Head Start program. Provides that any family that receives child care assistance under the amendatory Act shall be deemed to be participating in an education, training, or employment program approved by the Department of Human Services. Provides that any family that receives child care assistance under the amendatory Act shall remain eligible for child care assistance without interruption as long as the child is enrolled in a Head Start program. LRB103 36746 KTG 66856 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4760 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 listing the categories of families and individuals eligible for child care assistance, expands the list to include families whose children are enrolled in a Head Start program. Provides that any family that receives child care assistance under the amendatory Act shall be deemed to be participating in an education, training, or employment program approved by the Department of Human Services. Provides that any family that receives child care assistance under the amendatory Act shall remain eligible for child care assistance without interruption as long as the child is enrolled in a Head Start program. LRB103 36746 KTG 66856 b LRB103 36746 KTG 66856 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4760 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3	3	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
4	4	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
5	5	Amends the Illinois Public Aid Code. In a provision listing the categories of families and individuals eligible for child care assistance, expands the list to include families whose children are enrolled in a Head Start program. Provides that any family that receives child care assistance under the amendatory Act shall be deemed to be participating in an education, training, or employment program approved by the Department of Human Services. Provides that any family that receives child care assistance under the amendatory Act shall remain eligible for child care assistance without interruption as long as the child is enrolled in a Head Start program.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning public aid.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Public Aid Code is amended by
15	15	5 changing Section 9A-11 as follows:
16	16	6 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
17	17	7 Sec. 9A-11. Child care.
18	18	8 (a) The General Assembly recognizes that families with
19	19	9 children need child care in order to work. Child care is
20	20	10 expensive and families with limited access to economic
21	21	11 resources, including those who are transitioning from welfare
22	22	12 to work, often struggle to pay the costs of day care. The
23	23	13 General Assembly understands the importance of helping working
24	24	14 families with limited access to economic resources become and
25	25	15 remain self-sufficient. The General Assembly also believes
26	26	16 that it is the responsibility of families to share in the costs
27	27	17 of child care. It is also the preference of the General
28	28	18 Assembly that all working families with limited access to
29	29	19 economic resources should be treated equally, regardless of
30	30	20 their welfare status.
31	31	21 (b) To the extent resources permit, the Illinois
32	32	22 Department shall provide child care services to parents or
33	33	23 other relatives as defined by rule who are working or
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4760 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
38	38	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
39	39	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
40	40	Amends the Illinois Public Aid Code. In a provision listing the categories of families and individuals eligible for child care assistance, expands the list to include families whose children are enrolled in a Head Start program. Provides that any family that receives child care assistance under the amendatory Act shall be deemed to be participating in an education, training, or employment program approved by the Department of Human Services. Provides that any family that receives child care assistance under the amendatory Act shall remain eligible for child care assistance without interruption as long as the child is enrolled in a Head Start program.
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43	43	A BILL FOR
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49	49	305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
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68	68	1 participating in employment or Department approved education
69	69	2 or training programs. At a minimum, the Illinois Department
70	70	3 shall cover the following categories of families:
71	71	4 (1) recipients of TANF under Article IV participating
72	72	5 in work and training activities as specified in the
73	73	6 personal plan for employment and self-sufficiency;
74	74	7 (2) families transitioning from TANF to work;
75	75	8 (3) families at risk of becoming recipients of TANF;
76	76	9 (4) families with special needs as defined by rule;
77	77	10 (5) working families with very low incomes as defined
78	78	11 by rule;
79	79	12 (6) families that are not recipients of TANF and that
80	80	13 need child care assistance to participate in education and
81	81	14 training activities;
82	82	15 (7) youth in care, as defined in Section 4d of the
83	83	16 Children and Family Services Act, who are parents,
84	84	17 regardless of income or whether they are working or
85	85	18 participating in Department-approved employment or
86	86	19 education or training programs. Any family that receives
87	87	20 child care assistance in accordance with this paragraph
88	88	21 shall receive one additional 12-month child care
89	89	22 eligibility period after the parenting youth in care's
90	90	23 case with the Department of Children and Family Services
91	91	24 is closed, regardless of income or whether the parenting
92	92	25 youth in care is working or participating in
93	93	26 Department-approved employment or education or training
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104	104	1 programs;
105	105	2 (8) families receiving Extended Family Support Program
106	106	3 services from the Department of Children and Family
107	107	4 Services, regardless of income or whether they are working
108	108	5 or participating in Department-approved employment or
109	109	6 education or training programs; and
110	110	7 (9) families with children under the age of 5 who have
111	111	8 an open intact family services case with the Department of
112	112	9 Children and Family Services. Any family that receives
113	113	10 child care assistance in accordance with this paragraph
114	114	11 shall remain eligible for child care assistance 6 months
115	115	12 after the child's intact family services case is closed,
116	116	13 regardless of whether the child's parents or other
117	117	14 relatives as defined by rule are working or participating
118	118	15 in Department approved employment or education or training
119	119	16 programs. The Department of Human Services, in
120	120	17 consultation with the Department of Children and Family
121	121	18 Services, shall adopt rules to protect the privacy of
122	122	19 families who are the subject of an open intact family
123	123	20 services case when such families enroll in child care
124	124	21 services. Additional rules shall be adopted to offer
125	125	22 children who have an open intact family services case the
126	126	23 opportunity to receive an Early Intervention screening and
127	127	24 other services that their families may be eligible for as
128	128	25 provided by the Department of Human Services; and .
129	129	26 (10) families whose children are enrolled in a Head
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140	140	1 Start program. Any family that receives child care
141	141	2 assistance under this paragraph shall be deemed to be
142	142	3 participating in a Department-approved education,
143	143	4 training, or employment program. Any family that receives
144	144	5 child care assistance in accordance with this paragraph
145	145	6 shall remain eligible for child care assistance without
146	146	7 interruption as long as the child is enrolled in a Head
147	147	8 Start program. As used in this paragraph, "Head Start
148	148	9 program" means a federal program administered by the U.S.
149	149	10 Department of Health and Human Services that provides
150	150	11 comprehensive early childhood education, health,
151	151	12 nutrition, and parent involvement services to low-income
152	152	13 children and families.
153	153	14 Beginning October 1, 2023, and every October 1 thereafter,
154	154	15 the Department of Children and Family Services shall report to
155	155	16 the General Assembly on the number of children who received
156	156	17 child care via vouchers paid for by the Department of Children
157	157	18 and Family Services during the preceding fiscal year. The
158	158	19 report shall include the ages of children who received child
159	159	20 care, the type of child care they received, and the number of
160	160	21 months they received child care.
161	161	22 The Department shall specify by rule the conditions of
162	162	23 eligibility, the application process, and the types, amounts,
163	163	24 and duration of services. Eligibility for child care benefits
164	164	25 and the amount of child care provided may vary based on family
165	165	26 size, income, and other factors as specified by rule.
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176	176	1 The Department shall update the Child Care Assistance
177	177	2 Program Eligibility Calculator posted on its website to
178	178	3 include a question on whether a family is applying for child
179	179	4 care assistance for the first time or is applying for a
180	180	5 redetermination of eligibility.
181	181	6 A family's eligibility for child care services shall be
182	182	7 redetermined no sooner than 12 months following the initial
183	183	8 determination or most recent redetermination. During the
184	184	9 12-month periods, the family shall remain eligible for child
185	185	10 care services regardless of (i) a change in family income,
186	186	11 unless family income exceeds 85% of State median income, or
187	187	12 (ii) a temporary change in the ongoing status of the parents or
188	188	13 other relatives, as defined by rule, as working or attending a
189	189	14 job training or educational program.
190	190	15 In determining income eligibility for child care benefits,
191	191	16 the Department annually, at the beginning of each fiscal year,
192	192	17 shall establish, by rule, one income threshold for each family
193	193	18 size, in relation to percentage of State median income for a
194	194	19 family of that size, that makes families with incomes below
195	195	20 the specified threshold eligible for assistance and families
196	196	21 with incomes above the specified threshold ineligible for
197	197	22 assistance. Through and including fiscal year 2007, the
198	198	23 specified threshold must be no less than 50% of the
199	199	24 then-current State median income for each family size.
200	200	25 Beginning in fiscal year 2008, the specified threshold must be
201	201	26 no less than 185% of the then-current federal poverty level
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212	212	1 for each family size. Notwithstanding any other provision of
213	213	2 law or administrative rule to the contrary, beginning in
214	214	3 fiscal year 2019, the specified threshold for working families
215	215	4 with very low incomes as defined by rule must be no less than
216	216	5 185% of the then-current federal poverty level for each family
217	217	6 size. Notwithstanding any other provision of law or
218	218	7 administrative rule to the contrary, beginning in State fiscal
219	219	8 year 2022 through State fiscal year 2023, the specified income
220	220	9 threshold shall be no less than 200% of the then-current
221	221	10 federal poverty level for each family size. Beginning in State
222	222	11 fiscal year 2024, the specified income threshold shall be no
223	223	12 less than 225% of the then-current federal poverty level for
224	224	13 each family size.
225	225	14 In determining eligibility for assistance, the Department
226	226	15 shall not give preference to any category of recipients or
227	227	16 give preference to individuals based on their receipt of
228	228	17 benefits under this Code.
229	229	18 Nothing in this Section shall be construed as conferring
230	230	19 entitlement status to eligible families.
231	231	20 The Illinois Department is authorized to lower income
232	232	21 eligibility ceilings, raise parent co-payments, create waiting
233	233	22 lists, or take such other actions during a fiscal year as are
234	234	23 necessary to ensure that child care benefits paid under this
235	235	24 Article do not exceed the amounts appropriated for those child
236	236	25 care benefits. These changes may be accomplished by emergency
237	237	26 rule under Section 5-45 of the Illinois Administrative
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248	248	1 Procedure Act, except that the limitation on the number of
249	249	2 emergency rules that may be adopted in a 24-month period shall
250	250	3 not apply.
251	251	4 The Illinois Department may contract with other State
252	252	5 agencies or child care organizations for the administration of
253	253	6 child care services.
254	254	7 (c) Payment shall be made for child care that otherwise
255	255	8 meets the requirements of this Section and applicable
256	256	9 standards of State and local law and regulation, including any
257	257	10 requirements the Illinois Department promulgates by rule in
258	258	11 addition to the licensure requirements promulgated by the
259	259	12 Department of Children and Family Services and Fire Prevention
260	260	13 and Safety requirements promulgated by the Office of the State
261	261	14 Fire Marshal, and is provided in any of the following:
262	262	15 (1) a child care center which is licensed or exempt
263	263	16 from licensure pursuant to Section 2.09 of the Child Care
264	264	17 Act of 1969;
265	265	18 (2) a licensed child care home or home exempt from
266	266	19 licensing;
267	267	20 (3) a licensed group child care home;
268	268	21 (4) other types of child care, including child care
269	269	22 provided by relatives or persons living in the same home
270	270	23 as the child, as determined by the Illinois Department by
271	271	24 rule.
272	272	25 (c-5) Solely for the purposes of coverage under the
273	273	26 Illinois Public Labor Relations Act, child and day care home
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284	284	1 providers, including licensed and license exempt,
285	285	2 participating in the Department's child care assistance
286	286	3 program shall be considered to be public employees and the
287	287	4 State of Illinois shall be considered to be their employer as
288	288	5 of January 1, 2006 (the effective date of Public Act 94-320),
289	289	6 but not before. The State shall engage in collective
290	290	7 bargaining with an exclusive representative of child and day
291	291	8 care home providers participating in the child care assistance
292	292	9 program concerning their terms and conditions of employment
293	293	10 that are within the State's control. Nothing in this
294	294	11 subsection shall be understood to limit the right of families
295	295	12 receiving services defined in this Section to select child and
296	296	13 day care home providers or supervise them within the limits of
297	297	14 this Section. The State shall not be considered to be the
298	298	15 employer of child and day care home providers for any purposes
299	299	16 not specifically provided in Public Act 94-320, including, but
300	300	17 not limited to, purposes of vicarious liability in tort and
301	301	18 purposes of statutory retirement or health insurance benefits.
302	302	19 Child and day care home providers shall not be covered by the
303	303	20 State Employees Group Insurance Act of 1971.
304	304	21 In according child and day care home providers and their
305	305	22 selected representative rights under the Illinois Public Labor
306	306	23 Relations Act, the State intends that the State action
307	307	24 exemption to application of federal and State antitrust laws
308	308	25 be fully available to the extent that their activities are
309	309	26 authorized by Public Act 94-320.
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320	320	1 (d) The Illinois Department shall establish, by rule, a
321	321	2 co-payment scale that provides for cost sharing by families
322	322	3 that receive child care services, including parents whose only
323	323	4 income is from assistance under this Code. The co-payment
324	324	5 shall be based on family income and family size and may be
325	325	6 based on other factors as appropriate. Co-payments may be
326	326	7 waived for families whose incomes are at or below the federal
327	327	8 poverty level.
328	328	9 (d-5) The Illinois Department, in consultation with its
329	329	10 Child Care and Development Advisory Council, shall develop a
330	330	11 plan to revise the child care assistance program's co-payment
331	331	12 scale. The plan shall be completed no later than February 1,
332	332	13 2008, and shall include:
333	333	14 (1) findings as to the percentage of income that the
334	334	15 average American family spends on child care and the
335	335	16 relative amounts that low-income families and the average
336	336	17 American family spend on other necessities of life;
337	337	18 (2) recommendations for revising the child care
338	338	19 co-payment scale to assure that families receiving child
339	339	20 care services from the Department are paying no more than
340	340	21 they can reasonably afford;
341	341	22 (3) recommendations for revising the child care
342	342	23 co-payment scale to provide at-risk children with complete
343	343	24 access to Preschool for All and Head Start; and
344	344	25 (4) recommendations for changes in child care program
345	345	26 policies that affect the affordability of child care.
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356	356	1 (e) (Blank).
357	357	2 (f) The Illinois Department shall, by rule, set rates to
358	358	3 be paid for the various types of child care. Child care may be
359	359	4 provided through one of the following methods:
360	360	5 (1) arranging the child care through eligible
361	361	6 providers by use of purchase of service contracts or
362	362	7 vouchers;
363	363	8 (2) arranging with other agencies and community
364	364	9 volunteer groups for non-reimbursed child care;
365	365	10 (3) (blank); or
366	366	11 (4) adopting such other arrangements as the Department
367	367	12 determines appropriate.
368	368	13 (f-1) Within 30 days after June 4, 2018 (the effective
369	369	14 date of Public Act 100-587), the Department of Human Services
370	370	15 shall establish rates for child care providers that are no
371	371	16 less than the rates in effect on January 1, 2018 increased by
372	372	17 4.26%.
373	373	18 (f-5) (Blank).
374	374	19 (g) Families eligible for assistance under this Section
375	375	20 shall be given the following options:
376	376	21 (1) receiving a child care certificate issued by the
377	377	22 Department or a subcontractor of the Department that may
378	378	23 be used by the parents as payment for child care and
379	379	24 development services only; or
380	380	25 (2) if space is available, enrolling the child with a
381	381	26 child care provider that has a purchase of service
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