Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3387 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 SB3387 Introduced 2/8/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Amends the Illinois Public Aid Code. Expands the categories of families and individuals eligible for child care assistance to include: early childhood assistants or aides, qualified assistants, early childhood teachers, and school-age workers who work at least 20 hours per week and meet income eligibility and other requirements. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2025, the specified income threshold for families with a household member who is an early childhood assistant or aide, qualified assistant, early childhood teacher, or school-age worker shall be no less than 300% of the then-current federal poverty level for each family size. Effective July 1, 2024. LRB103 38396 KTG 68531 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3387 Introduced 2/8/2024, 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. Expands the categories of families and individuals eligible for child care assistance to include: early childhood assistants or aides, qualified assistants, early childhood teachers, and school-age workers who work at least 20 hours per week and meet income eligibility and other requirements. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2025, the specified income threshold for families with a household member who is an early childhood assistant or aide, qualified assistant, early childhood teacher, or school-age worker shall be no less than 300% of the then-current federal poverty level for each family size. Effective July 1, 2024. LRB103 38396 KTG 68531 b LRB103 38396 KTG 68531 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3387 Introduced 2/8/2024, 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. Expands the categories of families and individuals eligible for child care assistance to include: early childhood assistants or aides, qualified assistants, early childhood teachers, and school-age workers who work at least 20 hours per week and meet income eligibility and other requirements. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2025, the specified income threshold for families with a household member who is an early childhood assistant or aide, qualified assistant, early childhood teacher, or school-age worker shall be no less than 300% of the then-current federal poverty level for each family size. Effective July 1, 2024.
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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 all 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. Further,
23	23	13 for many child care professionals paying for child care can be
24	24	14 the difference between staying in the field or leaving the
25	25	15 field to take care of their own children. The General Assembly
26	26	16 recognizes that recruiting and retaining a high-quality child
27	27	17 care workforce is a significant factor in sustaining a
28	28	18 racially and ethnically diverse early childhood system and
29	29	19 reducing racial disparities in health and education outcomes.
30	30	20 The General Assembly understands the importance of helping
31	31	21 working families with limited access to economic resources
32	32	22 become and remain self-sufficient. The General Assembly also
33	33	23 believes that it is the responsibility of families to share in
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3387 Introduced 2/8/2024, 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. Expands the categories of families and individuals eligible for child care assistance to include: early childhood assistants or aides, qualified assistants, early childhood teachers, and school-age workers who work at least 20 hours per week and meet income eligibility and other requirements. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2025, the specified income threshold for families with a household member who is an early childhood assistant or aide, qualified assistant, early childhood teacher, or school-age worker shall be no less than 300% of the then-current federal poverty level for each family size. Effective July 1, 2024.
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43	43	A BILL FOR
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68	68	1 the costs of child care. It is also the preference of the
69	69	2 General Assembly that all working families with limited access
70	70	3 to economic resources should be treated equally, regardless of
71	71	4 their welfare status.
72	72	5 (b) To the extent resources permit, the Illinois
73	73	6 Department shall provide child care services to parents or
74	74	7 other relatives as defined by rule who are working or
75	75	8 participating in employment or Department approved education
76	76	9 or training programs or are otherwise employed as provided in
77	77	10 this subsection. At a minimum, the Illinois Department shall
78	78	11 cover the following categories of families and individuals:
79	79	12 (1) recipients of TANF under Article IV participating
80	80	13 in work and training activities as specified in the
81	81	14 personal plan for employment and self-sufficiency;
82	82	15 (2) families transitioning from TANF to work;
83	83	16 (3) families at risk of becoming recipients of TANF;
84	84	17 (4) families with special needs as defined by rule;
85	85	18 (5) working families with very low incomes as defined
86	86	19 by rule;
87	87	20 (6) families that are not recipients of TANF and that
88	88	21 need child care assistance to participate in education and
89	89	22 training activities;
90	90	23 (7) youth in care, as defined in Section 4d of the
91	91	24 Children and Family Services Act, who are parents,
92	92	25 regardless of income or whether they are working or
93	93	26 participating in Department-approved employment or
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104	104	1 education or training programs. Any family that receives
105	105	2 child care assistance in accordance with this paragraph
106	106	3 shall receive one additional 12-month child care
107	107	4 eligibility period after the parenting youth in care's
108	108	5 case with the Department of Children and Family Services
109	109	6 is closed, regardless of income or whether the parenting
110	110	7 youth in care is working or participating in
111	111	8 Department-approved employment or education or training
112	112	9 programs;
113	113	10 (8) families receiving Extended Family Support Program
114	114	11 services from the Department of Children and Family
115	115	12 Services, regardless of income or whether they are working
116	116	13 or participating in Department-approved employment or
117	117	14 education or training programs; and
118	118	15 (9) families with children under the age of 5 who have
119	119	16 an open intact family services case with the Department of
120	120	17 Children and Family Services. Any family that receives
121	121	18 child care assistance in accordance with this paragraph
122	122	19 shall remain eligible for child care assistance 6 months
123	123	20 after the child's intact family services case is closed,
124	124	21 regardless of whether the child's parents or other
125	125	22 relatives as defined by rule are working or participating
126	126	23 in Department approved employment or education or training
127	127	24 programs. The Department of Human Services, in
128	128	25 consultation with the Department of Children and Family
129	129	26 Services, shall adopt rules to protect the privacy of
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140	140	1 families who are the subject of an open intact family
141	141	2 services case when such families enroll in child care
142	142	3 services. Additional rules shall be adopted to offer
143	143	4 children who have an open intact family services case the
144	144	5 opportunity to receive an Early Intervention screening and
145	145	6 other services that their families may be eligible for as
146	146	7 provided by the Department of Human Services; .
147	147	8 (10) early childhood assistants or aides or qualified
148	148	9 assistants, as described in 89 Ill. Adm. Code 406.10,
149	149	10 407.150, and 408.50, who: (i) have verified employment at
150	150	11 a day care center, day care home, or group day care home,
151	151	12 as defined in Sections 2.09, 2.18, and 2.20 of the Child
152	152	13 Care Act of 1969, including a license-exempt center with a
153	153	14 current exemption verification from the Department of
154	154	15 Children and Family Services; (ii) are the parents or
155	155	16 guardians of the children in need of care; and (iii) meet
156	156	17 the income eligibility requirements for child care
157	157	18 benefits. Child care employees applying for benefits under
158	158	19 this paragraph must work at least 20 hours per week; and
159	159	20 (11) early childhood teachers and school-age workers,
160	160	21 as described in 89 Ill. Adm. Code 407.140, who: (i) have
161	161	22 verified employment at a day care center, day care home,
162	162	23 or group day care home, as defined in Sections 2.09, 2.18,
163	163	24 and 2.20 of the Child Care Act of 1969, including a
164	164	25 license-exempt center with a current exemption
165	165	26 verification from the Department of Children and Family
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176	176	1 Services; (ii) are the parents or guardians of the
177	177	2 children in need of care; and (iii) meet the income
178	178	3 eligibility requirements for child care benefits. Child
179	179	4 care employees applying for benefits under this paragraph
180	180	5 must work at least 20 hours per week.
181	181	6 Beginning October 1, 2023, and every October 1 thereafter,
182	182	7 the Department of Children and Family Services shall report to
183	183	8 the General Assembly on the number of children who received
184	184	9 child care via vouchers paid for by the Department of Children
185	185	10 and Family Services during the preceding fiscal year. The
186	186	11 report shall include the ages of children who received child
187	187	12 care, the type of child care they received, and the number of
188	188	13 months they received child care.
189	189	14 The Department shall specify by rule the conditions of
190	190	15 eligibility, the application process, and the types, amounts,
191	191	16 and duration of services. Eligibility for child care benefits
192	192	17 and the amount of child care provided may vary based on family
193	193	18 size, income, and other factors as specified by rule.
194	194	19 The Department shall update the Child Care Assistance
195	195	20 Program Eligibility Calculator posted on its website to
196	196	21 include a question on whether a family is applying for child
197	197	22 care assistance for the first time or is applying for a
198	198	23 redetermination of eligibility.
199	199	24 A family's eligibility for child care services shall be
200	200	25 redetermined no sooner than 12 months following the initial
201	201	26 determination or most recent redetermination. During the
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212	212	1 12-month periods, the family shall remain eligible for child
213	213	2 care services regardless of (i) a change in family income,
214	214	3 unless family income exceeds 85% of State median income, or
215	215	4 (ii) a temporary change in the ongoing status of the parents or
216	216	5 other relatives, as defined by rule, as working or attending a
217	217	6 job training or educational program.
218	218	7 In determining income eligibility for child care benefits,
219	219	8 the Department annually, at the beginning of each fiscal year,
220	220	9 shall establish, by rule, one income threshold for each family
221	221	10 size, in relation to percentage of State median income for a
222	222	11 family of that size, that makes families with incomes below
223	223	12 the specified threshold eligible for assistance and families
224	224	13 with incomes above the specified threshold ineligible for
225	225	14 assistance. Through and including fiscal year 2007, the
226	226	15 specified threshold must be no less than 50% of the
227	227	16 then-current State median income for each family size.
228	228	17 Beginning in fiscal year 2008, the specified threshold must be
229	229	18 no less than 185% of the then-current federal poverty level
230	230	19 for each family size. Notwithstanding any other provision of
231	231	20 law or administrative rule to the contrary, beginning in
232	232	21 fiscal year 2019, the specified threshold for working families
233	233	22 with very low incomes as defined by rule must be no less than
234	234	23 185% of the then-current federal poverty level for each family
235	235	24 size. Notwithstanding any other provision of law or
236	236	25 administrative rule to the contrary, beginning in State fiscal
237	237	26 year 2022 through State fiscal year 2023, the specified income
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248	248	1 threshold shall be no less than 200% of the then-current
249	249	2 federal poverty level for each family size. Beginning in State
250	250	3 fiscal year 2024, the specified income threshold shall be no
251	251	4 less than 225% of the then-current federal poverty level for
252	252	5 each family size. Notwithstanding any other provision of law
253	253	6 or administrative rule to the contrary, beginning in State
254	254	7 fiscal year 2025, the specified income threshold for families
255	255	8 with a household member who is an early childhood assistant or
256	256	9 aide, qualified assistant, early childhood teacher, or
257	257	10 school-age worker as described in paragraphs (10) and (11),
258	258	11 shall be no less than 300% of the then-current federal poverty
259	259	12 level for each family size.
260	260	13 In determining eligibility for assistance, the Department
261	261	14 shall not give preference to any category of recipients or
262	262	15 give preference to individuals based on their receipt of
263	263	16 benefits under this Code.
264	264	17 Nothing in this Section shall be construed as conferring
265	265	18 entitlement status to eligible families.
266	266	19 The Illinois Department is authorized to lower income
267	267	20 eligibility ceilings, raise parent co-payments, create waiting
268	268	21 lists, or take such other actions during a fiscal year as are
269	269	22 necessary to ensure that child care benefits paid under this
270	270	23 Article do not exceed the amounts appropriated for those child
271	271	24 care benefits. These changes may be accomplished by emergency
272	272	25 rule under Section 5-45 of the Illinois Administrative
273	273	26 Procedure Act, except that the limitation on the number of
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284	284	1 emergency rules that may be adopted in a 24-month period shall
285	285	2 not apply.
286	286	3 The Illinois Department may contract with other State
287	287	4 agencies or child care organizations for the administration of
288	288	5 child care services.
289	289	6 (c) Payment shall be made for child care that otherwise
290	290	7 meets the requirements of this Section and applicable
291	291	8 standards of State and local law and regulation, including any
292	292	9 requirements the Illinois Department promulgates by rule in
293	293	10 addition to the licensure requirements promulgated by the
294	294	11 Department of Children and Family Services and Fire Prevention
295	295	12 and Safety requirements promulgated by the Office of the State
296	296	13 Fire Marshal, and is provided in any of the following:
297	297	14 (1) a child care center which is licensed or exempt
298	298	15 from licensure pursuant to Section 2.09 of the Child Care
299	299	16 Act of 1969;
300	300	17 (2) a licensed child care home or home exempt from
301	301	18 licensing;
302	302	19 (3) a licensed group child care home;
303	303	20 (4) other types of child care, including child care
304	304	21 provided by relatives or persons living in the same home
305	305	22 as the child, as determined by the Illinois Department by
306	306	23 rule.
307	307	24 (c-5) Solely for the purposes of coverage under the
308	308	25 Illinois Public Labor Relations Act, child and day care home
309	309	26 providers, including licensed and license exempt,
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320	320	1 participating in the Department's child care assistance
321	321	2 program shall be considered to be public employees and the
322	322	3 State of Illinois shall be considered to be their employer as
323	323	4 of January 1, 2006 (the effective date of Public Act 94-320),
324	324	5 but not before. The State shall engage in collective
325	325	6 bargaining with an exclusive representative of child and day
326	326	7 care home providers participating in the child care assistance
327	327	8 program concerning their terms and conditions of employment
328	328	9 that are within the State's control. Nothing in this
329	329	10 subsection shall be understood to limit the right of families
330	330	11 receiving services defined in this Section to select child and
331	331	12 day care home providers or supervise them within the limits of
332	332	13 this Section. The State shall not be considered to be the
333	333	14 employer of child and day care home providers for any purposes
334	334	15 not specifically provided in Public Act 94-320, including, but
335	335	16 not limited to, purposes of vicarious liability in tort and
336	336	17 purposes of statutory retirement or health insurance benefits.
337	337	18 Child and day care home providers shall not be covered by the
338	338	19 State Employees Group Insurance Act of 1971.
339	339	20 In according child and day care home providers and their
340	340	21 selected representative rights under the Illinois Public Labor
341	341	22 Relations Act, the State intends that the State action
342	342	23 exemption to application of federal and State antitrust laws
343	343	24 be fully available to the extent that their activities are
344	344	25 authorized by Public Act 94-320.
345	345	26 (d) The Illinois Department shall establish, by rule, a
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356	356	1 co-payment scale that provides for cost sharing by families
357	357	2 that receive child care services, including parents whose only
358	358	3 income is from assistance under this Code. The co-payment
359	359	4 shall be based on family income and family size and may be
360	360	5 based on other factors as appropriate. Co-payments may be
361	361	6 waived for families whose incomes are at or below the federal
362	362	7 poverty level.
363	363	8 (d-5) The Illinois Department, in consultation with its
364	364	9 Child Care and Development Advisory Council, shall develop a
365	365	10 plan to revise the child care assistance program's co-payment
366	366	11 scale. The plan shall be completed no later than February 1,
367	367	12 2008, and shall include:
368	368	13 (1) findings as to the percentage of income that the
369	369	14 average American family spends on child care and the
370	370	15 relative amounts that low-income families and the average
371	371	16 American family spend on other necessities of life;
372	372	17 (2) recommendations for revising the child care
373	373	18 co-payment scale to assure that families receiving child
374	374	19 care services from the Department are paying no more than
375	375	20 they can reasonably afford;
376	376	21 (3) recommendations for revising the child care
377	377	22 co-payment scale to provide at-risk children with complete
378	378	23 access to Preschool for All and Head Start; and
379	379	24 (4) recommendations for changes in child care program
380	380	25 policies that affect the affordability of child care.
381	381	26 (e) (Blank).
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392	392	1 (f) The Illinois Department shall, by rule, set rates to
393	393	2 be paid for the various types of child care. Child care may be
394	394	3 provided through one of the following methods:
395	395	4 (1) arranging the child care through eligible
396	396	5 providers by use of purchase of service contracts or
397	397	6 vouchers;
398	398	7 (2) arranging with other agencies and community
399	399	8 volunteer groups for non-reimbursed child care;
400	400	9 (3) (blank); or
401	401	10 (4) adopting such other arrangements as the Department
402	402	11 determines appropriate.
403	403	12 (f-1) Within 30 days after June 4, 2018 (the effective
404	404	13 date of Public Act 100-587), the Department of Human Services
405	405	14 shall establish rates for child care providers that are no
406	406	15 less than the rates in effect on January 1, 2018 increased by
407	407	16 4.26%.
408	408	17 (f-5) (Blank).
409	409	18 (g) Families eligible for assistance under this Section
410	410	19 shall be given the following options:
411	411	20 (1) receiving a child care certificate issued by the
412	412	21 Department or a subcontractor of the Department that may
413	413	22 be used by the parents as payment for child care and
414	414	23 development services only; or
415	415	24 (2) if space is available, enrolling the child with a
416	416	25 child care provider that has a purchase of service
417	417	26 contract with the Department or a subcontractor of the
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428	428	1 Department for the provision of child care and development
429	429	2 services. The Department may identify particular priority
430	430	3 populations for whom they may request special
431	431	4 consideration by a provider with purchase of service
432	432	5 contracts, provided that the providers shall be permitted
433	433	6 to maintain a balance of clients in terms of household
434	434	7 incomes and families and children with special needs, as
435	435	8 defined by rule.
436	436	9 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
437	437	10 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
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