Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2402 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 SB2402 Introduced 2/10/2023, by Sen. Ram Villivalam 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 administered by the Department of Human Services, removes language authorizing the Department to raise parent co-payments. Provides that beginning July 1, 2023, a family eligible for child care services whose income is at or below 140% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Provides that beginning July 1, 2024, a family eligible for child care services whose income is at or below 185% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Effective July 1, 2023. LRB103 30781 KTG 57269 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2402 Introduced 2/10/2023, by Sen. Ram Villivalam 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 administered by the Department of Human Services, removes language authorizing the Department to raise parent co-payments. Provides that beginning July 1, 2023, a family eligible for child care services whose income is at or below 140% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Provides that beginning July 1, 2024, a family eligible for child care services whose income is at or below 185% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Effective July 1, 2023. LRB103 30781 KTG 57269 b LRB103 30781 KTG 57269 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2402 Introduced 2/10/2023, by Sen. Ram Villivalam 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 provisions concerning the child care assistance program administered by the Department of Human Services, removes language authorizing the Department to raise parent co-payments. Provides that beginning July 1, 2023, a family eligible for child care services whose income is at or below 140% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Provides that beginning July 1, 2024, a family eligible for child care services whose income is at or below 185% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Effective July 1, 2023.
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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 low incomes, including those who
21	21	11 are transitioning from welfare to work, often struggle to pay
22	22	12 the costs of day care. The General Assembly understands the
23	23	13 importance of helping low-income working families become and
24	24	14 remain self-sufficient. The General Assembly also believes
25	25	15 that it is the responsibility of families to share in the costs
26	26	16 of child care. It is also the preference of the General
27	27	17 Assembly that all working poor families should be treated
28	28	18 equally, regardless of their welfare status.
29	29	19 (b) To the extent resources permit, the Illinois
30	30	20 Department shall provide child care services to parents or
31	31	21 other relatives as defined by rule who are working or
32	32	22 participating in employment or Department approved education
33	33	23 or training programs. At a minimum, the Illinois Department
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2402 Introduced 2/10/2023, by Sen. Ram Villivalam 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 provisions concerning the child care assistance program administered by the Department of Human Services, removes language authorizing the Department to raise parent co-payments. Provides that beginning July 1, 2023, a family eligible for child care services whose income is at or below 140% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Provides that beginning July 1, 2024, a family eligible for child care services whose income is at or below 185% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for the applicable family size shall pay a $1 monthly fee as co-payment for child care services. Effective July 1, 2023.
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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 shall cover the following categories of families:
69	69	2 (1) recipients of TANF under Article IV participating
70	70	3 in work and training activities as specified in the
71	71	4 personal plan for employment and self-sufficiency;
72	72	5 (2) families transitioning from TANF to work;
73	73	6 (3) families at risk of becoming recipients of TANF;
74	74	7 (4) families with special needs as defined by rule;
75	75	8 (5) working families with very low incomes as defined
76	76	9 by rule;
77	77	10 (6) families that are not recipients of TANF and that
78	78	11 need child care assistance to participate in education and
79	79	12 training activities;
80	80	13 (7) youth in care, as defined in Section 4d of the
81	81	14 Children and Family Services Act, who are parents,
82	82	15 regardless of income or whether they are working or
83	83	16 participating in Department-approved employment or
84	84	17 education or training programs. Any family that receives
85	85	18 child care assistance in accordance with this paragraph
86	86	19 shall receive one additional 12-month child care
87	87	20 eligibility period after the parenting youth in care's
88	88	21 case with the Department of Children and Family Services
89	89	22 is closed, regardless of income or whether the parenting
90	90	23 youth in care is working or participating in
91	91	24 Department-approved employment or education or training
92	92	25 programs;
93	93	26 (8) families receiving Extended Family Support Program
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104	104	1 services from the Department of Children and Family
105	105	2 Services, regardless of income or whether they are working
106	106	3 or participating in Department-approved employment or
107	107	4 education or training programs; and
108	108	5 (9) families with children under the age of 5 who have
109	109	6 an open intact family services case with the Department of
110	110	7 Children and Family Services. Any family that receives
111	111	8 child care assistance in accordance with this paragraph
112	112	9 shall remain eligible for child care assistance 6 months
113	113	10 after the child's intact family services case is closed,
114	114	11 regardless of whether the child's parents or other
115	115	12 relatives as defined by rule are working or participating
116	116	13 in Department approved employment or education or training
117	117	14 programs. The Department of Human Services, in
118	118	15 consultation with the Department of Children and Family
119	119	16 Services, shall adopt rules to protect the privacy of
120	120	17 families who are the subject of an open intact family
121	121	18 services case when such families enroll in child care
122	122	19 services. Additional rules shall be adopted to offer
123	123	20 children who have an open intact family services case the
124	124	21 opportunity to receive an Early Intervention screening and
125	125	22 other services that their families may be eligible for as
126	126	23 provided by the Department of Human Services.
127	127	24 Beginning October 1, 2023, and every October 1 thereafter,
128	128	25 the Department of Children and Family Services shall report to
129	129	26 the General Assembly on the number of children who received
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140	140	1 child care via vouchers paid for by the Department of Children
141	141	2 and Family Services during the preceding fiscal year. The
142	142	3 report shall include the ages of children who received child
143	143	4 care, the type of child care they received, and the number of
144	144	5 months they received child care.
145	145	6 The Department shall specify by rule the conditions of
146	146	7 eligibility, the application process, and the types, amounts,
147	147	8 and duration of services. Eligibility for child care benefits
148	148	9 and the amount of child care provided may vary based on family
149	149	10 size, income, and other factors as specified by rule.
150	150	11 The Department shall update the Child Care Assistance
151	151	12 Program Eligibility Calculator posted on its website to
152	152	13 include a question on whether a family is applying for child
153	153	14 care assistance for the first time or is applying for a
154	154	15 redetermination of eligibility.
155	155	16 A family's eligibility for child care services shall be
156	156	17 redetermined no sooner than 12 months following the initial
157	157	18 determination or most recent redetermination. During the
158	158	19 12-month periods, the family shall remain eligible for child
159	159	20 care services regardless of (i) a change in family income,
160	160	21 unless family income exceeds 85% of State median income, or
161	161	22 (ii) a temporary change in the ongoing status of the parents or
162	162	23 other relatives, as defined by rule, as working or attending a
163	163	24 job training or educational program.
164	164	25 In determining income eligibility for child care benefits,
165	165	26 the Department annually, at the beginning of each fiscal year,
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176	176	1 shall establish, by rule, one income threshold for each family
177	177	2 size, in relation to percentage of State median income for a
178	178	3 family of that size, that makes families with incomes below
179	179	4 the specified threshold eligible for assistance and families
180	180	5 with incomes above the specified threshold ineligible for
181	181	6 assistance. Through and including fiscal year 2007, the
182	182	7 specified threshold must be no less than 50% of the
183	183	8 then-current State median income for each family size.
184	184	9 Beginning in fiscal year 2008, the specified threshold must be
185	185	10 no less than 185% of the then-current federal poverty level
186	186	11 for each family size. Notwithstanding any other provision of
187	187	12 law or administrative rule to the contrary, beginning in
188	188	13 fiscal year 2019, the specified threshold for working families
189	189	14 with very low incomes as defined by rule must be no less than
190	190	15 185% of the then-current federal poverty level for each family
191	191	16 size. Notwithstanding any other provision of law or
192	192	17 administrative rule to the contrary, beginning in State fiscal
193	193	18 year 2022, the specified income threshold shall be no less
194	194	19 than 200% of the then-current federal poverty level for each
195	195	20 family size.
196	196	21 In determining eligibility for assistance, the Department
197	197	22 shall not give preference to any category of recipients or
198	198	23 give preference to individuals based on their receipt of
199	199	24 benefits under this Code.
200	200	25 Nothing in this Section shall be construed as conferring
201	201	26 entitlement status to eligible families.
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212	212	1 The Illinois Department is authorized to lower income
213	213	2 eligibility ceilings, raise parent co-payments, create waiting
214	214	3 lists, or take such other actions during a fiscal year as are
215	215	4 necessary to ensure that child care benefits paid under this
216	216	5 Article do not exceed the amounts appropriated for those child
217	217	6 care benefits. These changes may be accomplished by emergency
218	218	7 rule under Section 5-45 of the Illinois Administrative
219	219	8 Procedure Act, except that the limitation on the number of
220	220	9 emergency rules that may be adopted in a 24-month period shall
221	221	10 not apply.
222	222	11 The Illinois Department may contract with other State
223	223	12 agencies or child care organizations for the administration of
224	224	13 child care services.
225	225	14 (c) Payment shall be made for child care that otherwise
226	226	15 meets the requirements of this Section and applicable
227	227	16 standards of State and local law and regulation, including any
228	228	17 requirements the Illinois Department promulgates by rule in
229	229	18 addition to the licensure requirements promulgated by the
230	230	19 Department of Children and Family Services and Fire Prevention
231	231	20 and Safety requirements promulgated by the Office of the State
232	232	21 Fire Marshal, and is provided in any of the following:
233	233	22 (1) a child care center which is licensed or exempt
234	234	23 from licensure pursuant to Section 2.09 of the Child Care
235	235	24 Act of 1969;
236	236	25 (2) a licensed child care home or home exempt from
237	237	26 licensing;
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248	248	1 (3) a licensed group child care home;
249	249	2 (4) other types of child care, including child care
250	250	3 provided by relatives or persons living in the same home
251	251	4 as the child, as determined by the Illinois Department by
252	252	5 rule.
253	253	6 (c-5) Solely for the purposes of coverage under the
254	254	7 Illinois Public Labor Relations Act, child and day care home
255	255	8 providers, including licensed and license exempt,
256	256	9 participating in the Department's child care assistance
257	257	10 program shall be considered to be public employees and the
258	258	11 State of Illinois shall be considered to be their employer as
259	259	12 of January 1, 2006 (the effective date of Public Act 94-320),
260	260	13 but not before. The State shall engage in collective
261	261	14 bargaining with an exclusive representative of child and day
262	262	15 care home providers participating in the child care assistance
263	263	16 program concerning their terms and conditions of employment
264	264	17 that are within the State's control. Nothing in this
265	265	18 subsection shall be understood to limit the right of families
266	266	19 receiving services defined in this Section to select child and
267	267	20 day care home providers or supervise them within the limits of
268	268	21 this Section. The State shall not be considered to be the
269	269	22 employer of child and day care home providers for any purposes
270	270	23 not specifically provided in Public Act 94-320, including, but
271	271	24 not limited to, purposes of vicarious liability in tort and
272	272	25 purposes of statutory retirement or health insurance benefits.
273	273	26 Child and day care home providers shall not be covered by the
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284	284	1 State Employees Group Insurance Act of 1971.
285	285	2 In according child and day care home providers and their
286	286	3 selected representative rights under the Illinois Public Labor
287	287	4 Relations Act, the State intends that the State action
288	288	5 exemption to application of federal and State antitrust laws
289	289	6 be fully available to the extent that their activities are
290	290	7 authorized by Public Act 94-320.
291	291	8 (d) The Illinois Department shall establish, by rule, a
292	292	9 co-payment scale that provides for cost sharing by families
293	293	10 that receive child care services, including parents whose only
294	294	11 income is from assistance under this Code. The co-payment
295	295	12 shall be based on family income and family size and may be
296	296	13 based on other factors as appropriate. Beginning July 1, 2023,
297	297	14 a family eligible for child care services whose income is at or
298	298	15 below 140% of the most recent United States Department of
299	299	16 Health and Human Services Federal Poverty Guidelines for the
300	300	17 applicable family size shall pay a $1 monthly fee as
301	301	18 co-payment for child care services. Beginning July 1, 2024, a
302	302	19 family eligible for child care services whose income is at or
303	303	20 below 185% of the most recent United States Department of
304	304	21 Health and Human Services Federal Poverty Guidelines for the
305	305	22 applicable family size shall pay a $1 monthly fee as
306	306	23 co-payment for child care services. Co-payments may be waived
307	307	24 for families whose incomes are at or below the federal poverty
308	308	25 level.
309	309	26 (d-5) The Illinois Department, in consultation with its
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320	320	1 Child Care and Development Advisory Council, shall develop a
321	321	2 plan to revise the child care assistance program's co-payment
322	322	3 scale. The plan shall be completed no later than February 1,
323	323	4 2008, and shall include:
324	324	5 (1) findings as to the percentage of income that the
325	325	6 average American family spends on child care and the
326	326	7 relative amounts that low-income families and the average
327	327	8 American family spend on other necessities of life;
328	328	9 (2) recommendations for revising the child care
329	329	10 co-payment scale to assure that families receiving child
330	330	11 care services from the Department are paying no more than
331	331	12 they can reasonably afford;
332	332	13 (3) recommendations for revising the child care
333	333	14 co-payment scale to provide at-risk children with complete
334	334	15 access to Preschool for All and Head Start; and
335	335	16 (4) recommendations for changes in child care program
336	336	17 policies that affect the affordability of child care.
337	337	18 (e) (Blank).
338	338	19 (f) The Illinois Department shall, by rule, set rates to
339	339	20 be paid for the various types of child care. Child care may be
340	340	21 provided through one of the following methods:
341	341	22 (1) arranging the child care through eligible
342	342	23 providers by use of purchase of service contracts or
343	343	24 vouchers;
344	344	25 (2) arranging with other agencies and community
345	345	26 volunteer groups for non-reimbursed child care;
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356	356	1 (3) (blank); or
357	357	2 (4) adopting such other arrangements as the Department
358	358	3 determines appropriate.
359	359	4 (f-1) Within 30 days after June 4, 2018 (the effective
360	360	5 date of Public Act 100-587), the Department of Human Services
361	361	6 shall establish rates for child care providers that are no
362	362	7 less than the rates in effect on January 1, 2018 increased by
363	363	8 4.26%.
364	364	9 (f-5) (Blank).
365	365	10 (g) Families eligible for assistance under this Section
366	366	11 shall be given the following options:
367	367	12 (1) receiving a child care certificate issued by the
368	368	13 Department or a subcontractor of the Department that may
369	369	14 be used by the parents as payment for child care and
370	370	15 development services only; or
371	371	16 (2) if space is available, enrolling the child with a
372	372	17 child care provider that has a purchase of service
373	373	18 contract with the Department or a subcontractor of the
374	374	19 Department for the provision of child care and development
375	375	20 services. The Department may identify particular priority
376	376	21 populations for whom they may request special
377	377	22 consideration by a provider with purchase of service
378	378	23 contracts, provided that the providers shall be permitted
379	379	24 to maintain a balance of clients in terms of household
380	380	25 incomes and families and children with special needs, as
381	381	26 defined by rule.
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392	392	1 (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
393	393	2 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
394	394	3 5-27-22.)
395	395	4 Section 99. Effective date. This Act takes effect July 1,
396	396	5 2023.
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