Illinois 2023-2024 Regular Session

Illinois House Bill HB5415 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5415 Introduced , by Rep. Charles Meier 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, expands the categories of families eligible for assistance to include, beginning January 1, 2025, all child care workers with incomes at or below 325% of the federal poverty level for each family size. LRB103 36628 KTG 66737 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5415 Introduced , by Rep. Charles Meier 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, expands the categories of families eligible for assistance to include, beginning January 1, 2025, all child care workers with incomes at or below 325% of the federal poverty level for each family size. LRB103 36628 KTG 66737 b LRB103 36628 KTG 66737 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5415 Introduced , by Rep. Charles Meier 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 concerning the child care assistance program, expands the categories of families eligible for assistance to include, beginning January 1, 2025, all child care workers with incomes at or below 325% of the federal poverty level for each family size.
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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 HB5415 Introduced , by Rep. Charles Meier 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 concerning the child care assistance program, expands the categories of families eligible for assistance to include, beginning January 1, 2025, all child care workers with incomes at or below 325% of the federal poverty level for each family size.
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42	42	LRB103 36628 KTG 66737 b
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) beginning January 1, 2025, all child care workers
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140	140	1 with incomes at or below 325% of the federal poverty level
141	141	2 for each family size.
142	142	3 Beginning October 1, 2023, and every October 1 thereafter,
143	143	4 the Department of Children and Family Services shall report to
144	144	5 the General Assembly on the number of children who received
145	145	6 child care via vouchers paid for by the Department of Children
146	146	7 and Family Services during the preceding fiscal year. The
147	147	8 report shall include the ages of children who received child
148	148	9 care, the type of child care they received, and the number of
149	149	10 months they received child care.
150	150	11 The Department shall specify by rule the conditions of
151	151	12 eligibility, the application process, and the types, amounts,
152	152	13 and duration of services. Eligibility for child care benefits
153	153	14 and the amount of child care provided may vary based on family
154	154	15 size, income, and other factors as specified by rule.
155	155	16 The Department shall update the Child Care Assistance
156	156	17 Program Eligibility Calculator posted on its website to
157	157	18 include a question on whether a family is applying for child
158	158	19 care assistance for the first time or is applying for a
159	159	20 redetermination of eligibility.
160	160	21 A family's eligibility for child care services shall be
161	161	22 redetermined no sooner than 12 months following the initial
162	162	23 determination or most recent redetermination. During the
163	163	24 12-month periods, the family shall remain eligible for child
164	164	25 care services regardless of (i) a change in family income,
165	165	26 unless family income exceeds 85% of State median income, or
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176	176	1 (ii) a temporary change in the ongoing status of the parents or
177	177	2 other relatives, as defined by rule, as working or attending a
178	178	3 job training or educational program.
179	179	4 In determining income eligibility for child care benefits,
180	180	5 the Department annually, at the beginning of each fiscal year,
181	181	6 shall establish, by rule, one income threshold for each family
182	182	7 size, in relation to percentage of State median income for a
183	183	8 family of that size, that makes families with incomes below
184	184	9 the specified threshold eligible for assistance and families
185	185	10 with incomes above the specified threshold ineligible for
186	186	11 assistance. Through and including fiscal year 2007, the
187	187	12 specified threshold must be no less than 50% of the
188	188	13 then-current State median income for each family size.
189	189	14 Beginning in fiscal year 2008, the specified threshold must be
190	190	15 no less than 185% of the then-current federal poverty level
191	191	16 for each family size. Notwithstanding any other provision of
192	192	17 law or administrative rule to the contrary, beginning in
193	193	18 fiscal year 2019, the specified threshold for working families
194	194	19 with very low incomes as defined by rule must be no less than
195	195	20 185% of the then-current federal poverty level for each family
196	196	21 size. Notwithstanding any other provision of law or
197	197	22 administrative rule to the contrary, beginning in State fiscal
198	198	23 year 2022 through State fiscal year 2023, the specified income
199	199	24 threshold shall be no less than 200% of the then-current
200	200	25 federal poverty level for each family size. Beginning in State
201	201	26 fiscal year 2024, the specified income threshold shall be no
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212	212	1 less than 225% of the then-current federal poverty level for
213	213	2 each family size.
214	214	3 In determining eligibility for assistance, the Department
215	215	4 shall not give preference to any category of recipients or
216	216	5 give preference to individuals based on their receipt of
217	217	6 benefits under this Code.
218	218	7 Nothing in this Section shall be construed as conferring
219	219	8 entitlement status to eligible families.
220	220	9 The Illinois Department is authorized to lower income
221	221	10 eligibility ceilings, raise parent co-payments, create waiting
222	222	11 lists, or take such other actions during a fiscal year as are
223	223	12 necessary to ensure that child care benefits paid under this
224	224	13 Article do not exceed the amounts appropriated for those child
225	225	14 care benefits. These changes may be accomplished by emergency
226	226	15 rule under Section 5-45 of the Illinois Administrative
227	227	16 Procedure Act, except that the limitation on the number of
228	228	17 emergency rules that may be adopted in a 24-month period shall
229	229	18 not apply.
230	230	19 The Illinois Department may contract with other State
231	231	20 agencies or child care organizations for the administration of
232	232	21 child care services.
233	233	22 (c) Payment shall be made for child care that otherwise
234	234	23 meets the requirements of this Section and applicable
235	235	24 standards of State and local law and regulation, including any
236	236	25 requirements the Illinois Department promulgates by rule in
237	237	26 addition to the licensure requirements promulgated by the
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248	248	1 Department of Children and Family Services and Fire Prevention
249	249	2 and Safety requirements promulgated by the Office of the State
250	250	3 Fire Marshal, and is provided in any of the following:
251	251	4 (1) a child care center which is licensed or exempt
252	252	5 from licensure pursuant to Section 2.09 of the Child Care
253	253	6 Act of 1969;
254	254	7 (2) a licensed child care home or home exempt from
255	255	8 licensing;
256	256	9 (3) a licensed group child care home;
257	257	10 (4) other types of child care, including child care
258	258	11 provided by relatives or persons living in the same home
259	259	12 as the child, as determined by the Illinois Department by
260	260	13 rule.
261	261	14 (c-5) Solely for the purposes of coverage under the
262	262	15 Illinois Public Labor Relations Act, child and day care home
263	263	16 providers, including licensed and license exempt,
264	264	17 participating in the Department's child care assistance
265	265	18 program shall be considered to be public employees and the
266	266	19 State of Illinois shall be considered to be their employer as
267	267	20 of January 1, 2006 (the effective date of Public Act 94-320),
268	268	21 but not before. The State shall engage in collective
269	269	22 bargaining with an exclusive representative of child and day
270	270	23 care home providers participating in the child care assistance
271	271	24 program concerning their terms and conditions of employment
272	272	25 that are within the State's control. Nothing in this
273	273	26 subsection shall be understood to limit the right of families
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284	284	1 receiving services defined in this Section to select child and
285	285	2 day care home providers or supervise them within the limits of
286	286	3 this Section. The State shall not be considered to be the
287	287	4 employer of child and day care home providers for any purposes
288	288	5 not specifically provided in Public Act 94-320, including, but
289	289	6 not limited to, purposes of vicarious liability in tort and
290	290	7 purposes of statutory retirement or health insurance benefits.
291	291	8 Child and day care home providers shall not be covered by the
292	292	9 State Employees Group Insurance Act of 1971.
293	293	10 In according child and day care home providers and their
294	294	11 selected representative rights under the Illinois Public Labor
295	295	12 Relations Act, the State intends that the State action
296	296	13 exemption to application of federal and State antitrust laws
297	297	14 be fully available to the extent that their activities are
298	298	15 authorized by Public Act 94-320.
299	299	16 (d) The Illinois Department shall establish, by rule, a
300	300	17 co-payment scale that provides for cost sharing by families
301	301	18 that receive child care services, including parents whose only
302	302	19 income is from assistance under this Code. The co-payment
303	303	20 shall be based on family income and family size and may be
304	304	21 based on other factors as appropriate. Co-payments may be
305	305	22 waived for families whose incomes are at or below the federal
306	306	23 poverty level.
307	307	24 (d-5) The Illinois Department, in consultation with its
308	308	25 Child Care and Development Advisory Council, shall develop a
309	309	26 plan to revise the child care assistance program's co-payment
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320	320	1 scale. The plan shall be completed no later than February 1,
321	321	2 2008, and shall include:
322	322	3 (1) findings as to the percentage of income that the
323	323	4 average American family spends on child care and the
324	324	5 relative amounts that low-income families and the average
325	325	6 American family spend on other necessities of life;
326	326	7 (2) recommendations for revising the child care
327	327	8 co-payment scale to assure that families receiving child
328	328	9 care services from the Department are paying no more than
329	329	10 they can reasonably afford;
330	330	11 (3) recommendations for revising the child care
331	331	12 co-payment scale to provide at-risk children with complete
332	332	13 access to Preschool for All and Head Start; and
333	333	14 (4) recommendations for changes in child care program
334	334	15 policies that affect the affordability of child care.
335	335	16 (e) (Blank).
336	336	17 (f) The Illinois Department shall, by rule, set rates to
337	337	18 be paid for the various types of child care. Child care may be
338	338	19 provided through one of the following methods:
339	339	20 (1) arranging the child care through eligible
340	340	21 providers by use of purchase of service contracts or
341	341	22 vouchers;
342	342	23 (2) arranging with other agencies and community
343	343	24 volunteer groups for non-reimbursed child care;
344	344	25 (3) (blank); or
345	345	26 (4) adopting such other arrangements as the Department
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