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Illinois Senate Bill SB1796

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1796 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1796 Introduced 2/9/2023, by Sen. Cristina H. Pacione-Zayas 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 2024, the specified income threshold shall be no less than 250% of the then-current federal poverty level for each family size. Provides that beginning in State Fiscal Year 2025, the income threshold shall annually increase by 25% if the percentage of enrolled families with income at the then-current income threshold, for the applicable family size, reaches 45% of all families eligible for child care assistance. Provides that the annual 25% increase in income eligibility shall continue each State fiscal year until the income threshold reaches 400% of the then-current federal poverty level for each family size. Effective July 1, 2023. LRB103 28527 KTG 54908 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1796 Introduced 2/9/2023, by Sen. Cristina H. Pacione-Zayas 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 2024, the specified income threshold shall be no less than 250% of the then-current federal poverty level for each family size. Provides that beginning in State Fiscal Year 2025, the income threshold shall annually increase by 25% if the percentage of enrolled families with income at the then-current income threshold, for the applicable family size, reaches 45% of all families eligible for child care assistance. Provides that the annual 25% increase in income eligibility shall continue each State fiscal year until the income threshold reaches 400% of the then-current federal poverty level for each family size. Effective July 1, 2023. LRB103 28527 KTG 54908 b LRB103 28527 KTG 54908 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1796 Introduced 2/9/2023, by Sen. Cristina H. Pacione-Zayas 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 2024, the specified income threshold shall be no less than 250% of the then-current federal poverty level for each family size. Provides that beginning in State Fiscal Year 2025, the income threshold shall annually increase by 25% if the percentage of enrolled families with income at the then-current income threshold, for the applicable family size, reaches 45% of all families eligible for child care assistance. Provides that the annual 25% increase in income eligibility shall continue each State fiscal year until the income threshold reaches 400% of the then-current federal poverty level for each family size. Effective July 1, 2023.
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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 low incomes, including those who
2121 11 are transitioning from welfare to work, often struggle to pay
2222 12 the costs of day care. The General Assembly understands the
2323 13 importance of helping low-income working families become and
2424 14 remain self-sufficient. The General Assembly also believes
2525 15 that it is the responsibility of families to share in the costs
2626 16 of child care. It is also the preference of the General
2727 17 Assembly that all working poor families should be treated
2828 18 equally, regardless of their welfare status.
2929 19 (b) To the extent resources permit, the Illinois
3030 20 Department shall provide child care services to parents or
3131 21 other relatives as defined by rule who are working or
3232 22 participating in employment or Department approved education
3333 23 or training programs. At a minimum, the Illinois Department
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1796 Introduced 2/9/2023, by Sen. Cristina H. Pacione-Zayas 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 a provision concerning the child care assistance program, provides that beginning in State Fiscal Year 2024, the specified income threshold shall be no less than 250% of the then-current federal poverty level for each family size. Provides that beginning in State Fiscal Year 2025, the income threshold shall annually increase by 25% if the percentage of enrolled families with income at the then-current income threshold, for the applicable family size, reaches 45% of all families eligible for child care assistance. Provides that the annual 25% increase in income eligibility shall continue each State fiscal year until the income threshold reaches 400% of the then-current federal poverty level for each family size. Effective July 1, 2023.
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6868 1 shall cover the following categories of families:
6969 2 (1) recipients of TANF under Article IV participating
7070 3 in work and training activities as specified in the
7171 4 personal plan for employment and self-sufficiency;
7272 5 (2) families transitioning from TANF to work;
7373 6 (3) families at risk of becoming recipients of TANF;
7474 7 (4) families with special needs as defined by rule;
7575 8 (5) working families with very low incomes as defined
7676 9 by rule;
7777 10 (6) families that are not recipients of TANF and that
7878 11 need child care assistance to participate in education and
7979 12 training activities;
8080 13 (7) youth in care, as defined in Section 4d of the
8181 14 Children and Family Services Act, who are parents,
8282 15 regardless of income or whether they are working or
8383 16 participating in Department-approved employment or
8484 17 education or training programs. Any family that receives
8585 18 child care assistance in accordance with this paragraph
8686 19 shall receive one additional 12-month child care
8787 20 eligibility period after the parenting youth in care's
8888 21 case with the Department of Children and Family Services
8989 22 is closed, regardless of income or whether the parenting
9090 23 youth in care is working or participating in
9191 24 Department-approved employment or education or training
9292 25 programs;
9393 26 (8) families receiving Extended Family Support Program
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104104 1 services from the Department of Children and Family
105105 2 Services, regardless of income or whether they are working
106106 3 or participating in Department-approved employment or
107107 4 education or training programs; and
108108 5 (9) families with children under the age of 5 who have
109109 6 an open intact family services case with the Department of
110110 7 Children and Family Services. Any family that receives
111111 8 child care assistance in accordance with this paragraph
112112 9 shall remain eligible for child care assistance 6 months
113113 10 after the child's intact family services case is closed,
114114 11 regardless of whether the child's parents or other
115115 12 relatives as defined by rule are working or participating
116116 13 in Department approved employment or education or training
117117 14 programs. The Department of Human Services, in
118118 15 consultation with the Department of Children and Family
119119 16 Services, shall adopt rules to protect the privacy of
120120 17 families who are the subject of an open intact family
121121 18 services case when such families enroll in child care
122122 19 services. Additional rules shall be adopted to offer
123123 20 children who have an open intact family services case the
124124 21 opportunity to receive an Early Intervention screening and
125125 22 other services that their families may be eligible for as
126126 23 provided by the Department of Human Services.
127127 24 Beginning October 1, 2023, and every October 1 thereafter,
128128 25 the Department of Children and Family Services shall report to
129129 26 the General Assembly on the number of children who received
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140140 1 child care via vouchers paid for by the Department of Children
141141 2 and Family Services during the preceding fiscal year. The
142142 3 report shall include the ages of children who received child
143143 4 care, the type of child care they received, and the number of
144144 5 months they received child care.
145145 6 The Department shall specify by rule the conditions of
146146 7 eligibility, the application process, and the types, amounts,
147147 8 and duration of services. Eligibility for child care benefits
148148 9 and the amount of child care provided may vary based on family
149149 10 size, income, and other factors as specified by rule.
150150 11 The Department shall update the Child Care Assistance
151151 12 Program Eligibility Calculator posted on its website to
152152 13 include a question on whether a family is applying for child
153153 14 care assistance for the first time or is applying for a
154154 15 redetermination of eligibility.
155155 16 A family's eligibility for child care services shall be
156156 17 redetermined no sooner than 12 months following the initial
157157 18 determination or most recent redetermination. During the
158158 19 12-month periods, the family shall remain eligible for child
159159 20 care services regardless of (i) a change in family income,
160160 21 unless family income exceeds 85% of State median income, or
161161 22 (ii) a temporary change in the ongoing status of the parents or
162162 23 other relatives, as defined by rule, as working or attending a
163163 24 job training or educational program.
164164 25 In determining income eligibility for child care benefits,
165165 26 the Department annually, at the beginning of each fiscal year,
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176176 1 shall establish, by rule, one income threshold for each family
177177 2 size, in relation to percentage of State median income for a
178178 3 family of that size, that makes families with incomes below
179179 4 the specified threshold eligible for assistance and families
180180 5 with incomes above the specified threshold ineligible for
181181 6 assistance. Through and including fiscal year 2007, the
182182 7 specified threshold must be no less than 50% of the
183183 8 then-current State median income for each family size.
184184 9 Beginning in fiscal year 2008, the specified threshold must be
185185 10 no less than 185% of the then-current federal poverty level
186186 11 for each family size. Notwithstanding any other provision of
187187 12 law or administrative rule to the contrary, beginning in
188188 13 fiscal year 2019, the specified threshold for working families
189189 14 with very low incomes as defined by rule must be no less than
190190 15 185% of the then-current federal poverty level for each family
191191 16 size. Notwithstanding any other provision of law or
192192 17 administrative rule to the contrary, beginning in State Fiscal
193193 18 Year 2024, the specified income threshold shall be no less
194194 19 than 250% of the then-current federal poverty level for each
195195 20 family size. Beginning in State Fiscal Year 2025, the income
196196 21 threshold shall annually increase by 25% if the percentage of
197197 22 enrolled families with income at the then-current income
198198 23 threshold, for the applicable family size, reaches 45% of all
199199 24 families eligible for child care assistance. The annual 25%
200200 25 increase in income eligibility shall continue each State
201201 26 fiscal year until the income threshold reaches 400% of the
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212212 1 then-current federal poverty level for each family size.
213213 2 Notwithstanding any other provision of law or administrative
214214 3 rule to the contrary, beginning in State fiscal year 2022, the
215215 4 specified income threshold shall be no less than 200% of the
216216 5 then-current federal poverty level for each family size.
217217 6 In determining eligibility for assistance, the Department
218218 7 shall not give preference to any category of recipients or
219219 8 give preference to individuals based on their receipt of
220220 9 benefits under this Code.
221221 10 Nothing in this Section shall be construed as conferring
222222 11 entitlement status to eligible families.
223223 12 The Illinois Department is authorized to lower income
224224 13 eligibility ceilings, raise parent co-payments, create waiting
225225 14 lists, or take such other actions during a fiscal year as are
226226 15 necessary to ensure that child care benefits paid under this
227227 16 Article do not exceed the amounts appropriated for those child
228228 17 care benefits. These changes may be accomplished by emergency
229229 18 rule under Section 5-45 of the Illinois Administrative
230230 19 Procedure Act, except that the limitation on the number of
231231 20 emergency rules that may be adopted in a 24-month period shall
232232 21 not apply.
233233 22 The Illinois Department may contract with other State
234234 23 agencies or child care organizations for the administration of
235235 24 child care services.
236236 25 (c) Payment shall be made for child care that otherwise
237237 26 meets the requirements of this Section and applicable
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248248 1 standards of State and local law and regulation, including any
249249 2 requirements the Illinois Department promulgates by rule in
250250 3 addition to the licensure requirements promulgated by the
251251 4 Department of Children and Family Services and Fire Prevention
252252 5 and Safety requirements promulgated by the Office of the State
253253 6 Fire Marshal, and is provided in any of the following:
254254 7 (1) a child care center which is licensed or exempt
255255 8 from licensure pursuant to Section 2.09 of the Child Care
256256 9 Act of 1969;
257257 10 (2) a licensed child care home or home exempt from
258258 11 licensing;
259259 12 (3) a licensed group child care home;
260260 13 (4) other types of child care, including child care
261261 14 provided by relatives or persons living in the same home
262262 15 as the child, as determined by the Illinois Department by
263263 16 rule.
264264 17 (c-5) Solely for the purposes of coverage under the
265265 18 Illinois Public Labor Relations Act, child and day care home
266266 19 providers, including licensed and license exempt,
267267 20 participating in the Department's child care assistance
268268 21 program shall be considered to be public employees and the
269269 22 State of Illinois shall be considered to be their employer as
270270 23 of January 1, 2006 (the effective date of Public Act 94-320),
271271 24 but not before. The State shall engage in collective
272272 25 bargaining with an exclusive representative of child and day
273273 26 care home providers participating in the child care assistance
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284284 1 program concerning their terms and conditions of employment
285285 2 that are within the State's control. Nothing in this
286286 3 subsection shall be understood to limit the right of families
287287 4 receiving services defined in this Section to select child and
288288 5 day care home providers or supervise them within the limits of
289289 6 this Section. The State shall not be considered to be the
290290 7 employer of child and day care home providers for any purposes
291291 8 not specifically provided in Public Act 94-320, including, but
292292 9 not limited to, purposes of vicarious liability in tort and
293293 10 purposes of statutory retirement or health insurance benefits.
294294 11 Child and day care home providers shall not be covered by the
295295 12 State Employees Group Insurance Act of 1971.
296296 13 In according child and day care home providers and their
297297 14 selected representative rights under the Illinois Public Labor
298298 15 Relations Act, the State intends that the State action
299299 16 exemption to application of federal and State antitrust laws
300300 17 be fully available to the extent that their activities are
301301 18 authorized by Public Act 94-320.
302302 19 (d) The Illinois Department shall establish, by rule, a
303303 20 co-payment scale that provides for cost sharing by families
304304 21 that receive child care services, including parents whose only
305305 22 income is from assistance under this Code. The co-payment
306306 23 shall be based on family income and family size and may be
307307 24 based on other factors as appropriate. Co-payments may be
308308 25 waived for families whose incomes are at or below the federal
309309 26 poverty level.
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320320 1 (d-5) The Illinois Department, in consultation with its
321321 2 Child Care and Development Advisory Council, shall develop a
322322 3 plan to revise the child care assistance program's co-payment
323323 4 scale. The plan shall be completed no later than February 1,
324324 5 2008, and shall include:
325325 6 (1) findings as to the percentage of income that the
326326 7 average American family spends on child care and the
327327 8 relative amounts that low-income families and the average
328328 9 American family spend on other necessities of life;
329329 10 (2) recommendations for revising the child care
330330 11 co-payment scale to assure that families receiving child
331331 12 care services from the Department are paying no more than
332332 13 they can reasonably afford;
333333 14 (3) recommendations for revising the child care
334334 15 co-payment scale to provide at-risk children with complete
335335 16 access to Preschool for All and Head Start; and
336336 17 (4) recommendations for changes in child care program
337337 18 policies that affect the affordability of child care.
338338 19 (e) (Blank).
339339 20 (f) The Illinois Department shall, by rule, set rates to
340340 21 be paid for the various types of child care. Child care may be
341341 22 provided through one of the following methods:
342342 23 (1) arranging the child care through eligible
343343 24 providers by use of purchase of service contracts or
344344 25 vouchers;
345345 26 (2) arranging with other agencies and community
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356356 1 volunteer groups for non-reimbursed child care;
357357 2 (3) (blank); or
358358 3 (4) adopting such other arrangements as the Department
359359 4 determines appropriate.
360360 5 (f-1) Within 30 days after June 4, 2018 (the effective
361361 6 date of Public Act 100-587), the Department of Human Services
362362 7 shall establish rates for child care providers that are no
363363 8 less than the rates in effect on January 1, 2018 increased by
364364 9 4.26%.
365365 10 (f-5) (Blank).
366366 11 (g) Families eligible for assistance under this Section
367367 12 shall be given the following options:
368368 13 (1) receiving a child care certificate issued by the
369369 14 Department or a subcontractor of the Department that may
370370 15 be used by the parents as payment for child care and
371371 16 development services only; or
372372 17 (2) if space is available, enrolling the child with a
373373 18 child care provider that has a purchase of service
374374 19 contract with the Department or a subcontractor of the
375375 20 Department for the provision of child care and development
376376 21 services. The Department may identify particular priority
377377 22 populations for whom they may request special
378378 23 consideration by a provider with purchase of service
379379 24 contracts, provided that the providers shall be permitted
380380 25 to maintain a balance of clients in terms of household
381381 26 incomes and families and children with special needs, as
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392392 1 defined by rule.
393393 2 (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
394394 3 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
395395 4 5-27-22.)
396396 5 Section 99. Effective date. This Act takes effect July 1,
397397 6 2023.
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