IL
Illinois House Bill HB5154

Illinois 2023-2024 Regular Session

Illinois House Bill HB5154 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5154 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Amends the Illinois Public Aid Code. In provisions concerning the child care assistance program, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program. LRB103 37646 KTG 67773 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5154 Introduced , by Rep. La Shawn K. Ford 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 provisions concerning the child care assistance program, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program. LRB103 37646 KTG 67773 b LRB103 37646 KTG 67773 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5154 Introduced , by Rep. La Shawn K. Ford 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 provisions concerning the child care assistance program, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program.
66 LRB103 37646 KTG 67773 b LRB103 37646 KTG 67773 b
77 LRB103 37646 KTG 67773 b
88 A BILL FOR
99 HB5154LRB103 37646 KTG 67773 b HB5154 LRB103 37646 KTG 67773 b
1010 HB5154 LRB103 37646 KTG 67773 b
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
3434
3535
3636
3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5154 Introduced , by Rep. La Shawn K. Ford 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
3939 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
4040 Amends the Illinois Public Aid Code. In provisions concerning the child care assistance program, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program.
4141 LRB103 37646 KTG 67773 b LRB103 37646 KTG 67773 b
4242 LRB103 37646 KTG 67773 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
5050
5151
5252
5353 LRB103 37646 KTG 67773 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB5154 LRB103 37646 KTG 67773 b
6464
6565
6666 HB5154- 2 -LRB103 37646 KTG 67773 b HB5154 - 2 - LRB103 37646 KTG 67773 b
6767 HB5154 - 2 - LRB103 37646 KTG 67773 b
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
9494
9595
9696
9797
9898
9999 HB5154 - 2 - LRB103 37646 KTG 67773 b
100100
101101
102102 HB5154- 3 -LRB103 37646 KTG 67773 b HB5154 - 3 - LRB103 37646 KTG 67773 b
103103 HB5154 - 3 - LRB103 37646 KTG 67773 b
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,
130130
131131
132132
133133
134134
135135 HB5154 - 3 - LRB103 37646 KTG 67773 b
136136
137137
138138 HB5154- 4 -LRB103 37646 KTG 67773 b HB5154 - 4 - LRB103 37646 KTG 67773 b
139139 HB5154 - 4 - LRB103 37646 KTG 67773 b
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.
166166
167167
168168
169169
170170
171171 HB5154 - 4 - LRB103 37646 KTG 67773 b
172172
173173
174174 HB5154- 5 -LRB103 37646 KTG 67773 b HB5154 - 5 - LRB103 37646 KTG 67773 b
175175 HB5154 - 5 - LRB103 37646 KTG 67773 b
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. Beginning in State
198198 23 fiscal year 2024, the specified income threshold shall be no
199199 24 less than 225% of the then-current federal poverty level for
200200 25 each family size.
201201 26 In determining eligibility for assistance, the Department
202202
203203
204204
205205
206206
207207 HB5154 - 5 - LRB103 37646 KTG 67773 b
208208
209209
210210 HB5154- 6 -LRB103 37646 KTG 67773 b HB5154 - 6 - LRB103 37646 KTG 67773 b
211211 HB5154 - 6 - LRB103 37646 KTG 67773 b
212212 1 shall not give preference to any category of recipients or
213213 2 give preference to individuals based on their receipt of
214214 3 benefits under this Code.
215215 4 Nothing in this Section shall be construed as conferring
216216 5 entitlement status to eligible families.
217217 6 The Illinois Department is authorized to lower income
218218 7 eligibility ceilings, raise parent co-payments, create waiting
219219 8 lists, or take such other actions during a fiscal year as are
220220 9 necessary to ensure that child care benefits paid under this
221221 10 Article do not exceed the amounts appropriated for those child
222222 11 care benefits. These changes may be accomplished by emergency
223223 12 rule under Section 5-45 of the Illinois Administrative
224224 13 Procedure Act, except that the limitation on the number of
225225 14 emergency rules that may be adopted in a 24-month period shall
226226 15 not apply.
227227 16 The Illinois Department may contract with other State
228228 17 agencies or child care organizations for the administration of
229229 18 child care services.
230230 19 (c) Payment shall be made for child care that otherwise
231231 20 meets the requirements of this Section and applicable
232232 21 standards of State and local law and regulation, including any
233233 22 requirements the Illinois Department promulgates by rule in
234234 23 addition to the licensure requirements promulgated by the
235235 24 Department of Children and Family Services and Fire Prevention
236236 25 and Safety requirements promulgated by the Office of the State
237237 26 Fire Marshal, and is provided in any of the following:
238238
239239
240240
241241
242242
243243 HB5154 - 6 - LRB103 37646 KTG 67773 b
244244
245245
246246 HB5154- 7 -LRB103 37646 KTG 67773 b HB5154 - 7 - LRB103 37646 KTG 67773 b
247247 HB5154 - 7 - LRB103 37646 KTG 67773 b
248248 1 (1) a child care center which is licensed or exempt
249249 2 from licensure pursuant to Section 2.09 of the Child Care
250250 3 Act of 1969;
251251 4 (2) a licensed child care home or home exempt from
252252 5 licensing;
253253 6 (3) a licensed group child care home;
254254 7 (4) other types of child care, including child care
255255 8 provided by relatives or persons living in the same home
256256 9 as the child, as determined by the Illinois Department by
257257 10 rule.
258258 11 (c-5) Solely for the purposes of coverage under the
259259 12 Illinois Public Labor Relations Act, child and day care home
260260 13 providers, including licensed and license exempt,
261261 14 participating in the Department's child care assistance
262262 15 program shall be considered to be public employees and the
263263 16 State of Illinois shall be considered to be their employer as
264264 17 of January 1, 2006 (the effective date of Public Act 94-320),
265265 18 but not before. The State shall engage in collective
266266 19 bargaining with an exclusive representative of child and day
267267 20 care home providers participating in the child care assistance
268268 21 program concerning their terms and conditions of employment
269269 22 that are within the State's control. Nothing in this
270270 23 subsection shall be understood to limit the right of families
271271 24 receiving services defined in this Section to select child and
272272 25 day care home providers or supervise them within the limits of
273273 26 this Section. The State shall not be considered to be the
274274
275275
276276
277277
278278
279279 HB5154 - 7 - LRB103 37646 KTG 67773 b
280280
281281
282282 HB5154- 8 -LRB103 37646 KTG 67773 b HB5154 - 8 - LRB103 37646 KTG 67773 b
283283 HB5154 - 8 - LRB103 37646 KTG 67773 b
284284 1 employer of child and day care home providers for any purposes
285285 2 not specifically provided in Public Act 94-320, including, but
286286 3 not limited to, purposes of vicarious liability in tort and
287287 4 purposes of statutory retirement or health insurance benefits.
288288 5 Child and day care home providers shall not be covered by the
289289 6 State Employees Group Insurance Act of 1971.
290290 7 In according child and day care home providers and their
291291 8 selected representative rights under the Illinois Public Labor
292292 9 Relations Act, the State intends that the State action
293293 10 exemption to application of federal and State antitrust laws
294294 11 be fully available to the extent that their activities are
295295 12 authorized by Public Act 94-320.
296296 13 (d) The Illinois Department shall establish, by rule, a
297297 14 co-payment scale that provides for cost sharing by families
298298 15 that receive child care services, including parents whose only
299299 16 income is from assistance under this Code. The co-payment
300300 17 shall be based on family income and family size and may be
301301 18 based on other factors as appropriate. Co-payments may be
302302 19 waived for families whose incomes are at or below the federal
303303 20 poverty level.
304304 21 (d-5) The Illinois Department, in consultation with its
305305 22 Child Care and Development Advisory Council, shall develop a
306306 23 plan to revise the child care assistance program's co-payment
307307 24 scale. The plan shall be completed no later than February 1,
308308 25 2008, and shall include:
309309 26 (1) findings as to the percentage of income that the
310310
311311
312312
313313
314314
315315 HB5154 - 8 - LRB103 37646 KTG 67773 b
316316
317317
318318 HB5154- 9 -LRB103 37646 KTG 67773 b HB5154 - 9 - LRB103 37646 KTG 67773 b
319319 HB5154 - 9 - LRB103 37646 KTG 67773 b
320320 1 average American family spends on child care and the
321321 2 relative amounts that low-income families and the average
322322 3 American family spend on other necessities of life;
323323 4 (2) recommendations for revising the child care
324324 5 co-payment scale to assure that families receiving child
325325 6 care services from the Department are paying no more than
326326 7 they can reasonably afford;
327327 8 (3) recommendations for revising the child care
328328 9 co-payment scale to provide at-risk children with complete
329329 10 access to Preschool for All and Head Start; and
330330 11 (4) recommendations for changes in child care program
331331 12 policies that affect the affordability of child care.
332332 13 (e) (Blank).
333333 14 (f) The Illinois Department shall, by rule, set rates to
334334 15 be paid for the various types of child care. Child care may be
335335 16 provided through one of the following methods:
336336 17 (1) arranging the child care through eligible
337337 18 providers by use of purchase of service contracts or
338338 19 vouchers;
339339 20 (2) arranging with other agencies and community
340340 21 volunteer groups for non-reimbursed child care;
341341 22 (3) (blank); or
342342 23 (4) adopting such other arrangements as the Department
343343 24 determines appropriate.
344344 25 Notwithstanding any other law or rule to the contrary, on
345345 26 and after the effective date of this amendatory Act of the
346346
347347
348348
349349
350350
351351 HB5154 - 9 - LRB103 37646 KTG 67773 b
352352
353353
354354 HB5154- 10 -LRB103 37646 KTG 67773 b HB5154 - 10 - LRB103 37646 KTG 67773 b
355355 HB5154 - 10 - LRB103 37646 KTG 67773 b
356356 1 103rd General Assembly, the Department shall include all
357357 2 federal holidays as paid days that are eligible for
358358 3 reimbursement under any purchase of service contract or
359359 4 voucher payment agreement the Department enters into, renews,
360360 5 or extends with a child care provider under the child care
361361 6 assistance program.
362362 7 (f-1) Within 30 days after June 4, 2018 (the effective
363363 8 date of Public Act 100-587), the Department of Human Services
364364 9 shall establish rates for child care providers that are no
365365 10 less than the rates in effect on January 1, 2018 increased by
366366 11 4.26%.
367367 12 (f-5) (Blank).
368368 13 (g) Families eligible for assistance under this Section
369369 14 shall be given the following options:
370370 15 (1) receiving a child care certificate issued by the
371371 16 Department or a subcontractor of the Department that may
372372 17 be used by the parents as payment for child care and
373373 18 development services only; or
374374 19 (2) if space is available, enrolling the child with a
375375 20 child care provider that has a purchase of service
376376 21 contract with the Department or a subcontractor of the
377377 22 Department for the provision of child care and development
378378 23 services. The Department may identify particular priority
379379 24 populations for whom they may request special
380380 25 consideration by a provider with purchase of service
381381 26 contracts, provided that the providers shall be permitted
382382
383383
384384
385385
386386
387387 HB5154 - 10 - LRB103 37646 KTG 67773 b
388388
389389
390390 HB5154- 11 -LRB103 37646 KTG 67773 b HB5154 - 11 - LRB103 37646 KTG 67773 b
391391 HB5154 - 11 - LRB103 37646 KTG 67773 b
392392
393393
394394
395395
396396
397397 HB5154 - 11 - LRB103 37646 KTG 67773 b