Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3561 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 SB3561 Introduced 2/9/2024, by Sen. Laura Ellman 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 eligible for child care assistance to include families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider and has income below the specified income threshold established for such families. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State Fiscal Year 2025, for families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider, the specified income threshold shall be no less than 300% of the then-current federal poverty level for each family size. Defines terms. Effective July 1, 2024. LRB103 38347 KTG 68482 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3561 Introduced 2/9/2024, by Sen. Laura Ellman 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 eligible for child care assistance to include families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider and has income below the specified income threshold established for such families. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State Fiscal Year 2025, for families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider, the specified income threshold shall be no less than 300% of the then-current federal poverty level for each family size. Defines terms. Effective July 1, 2024. LRB103 38347 KTG 68482 b LRB103 38347 KTG 68482 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3561 Introduced 2/9/2024, by Sen. Laura Ellman 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 eligible for child care assistance to include families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider and has income below the specified income threshold established for such families. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State Fiscal Year 2025, for families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider, the specified income threshold shall be no less than 300% of the then-current federal poverty level for each family size. Defines terms. Effective July 1, 2024.
6	6	LRB103 38347 KTG 68482 b LRB103 38347 KTG 68482 b
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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 SB3561 Introduced 2/9/2024, by Sen. Laura Ellman 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 eligible for child care assistance to include families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider and has income below the specified income threshold established for such families. Provides that notwithstanding any other provision of law or administrative rule to the contrary, beginning in State Fiscal Year 2025, for families with a parent or guardian who is employed as a mental health care worker, teacher, or health care provider, the specified income threshold shall be no less than 300% of the then-current federal poverty level for each family size. Defines terms. Effective July 1, 2024.
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43	43	A BILL FOR
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68	68	1 participating in employment or Department approved education
69	69	2 or training programs or are otherwise employed as specified in
70	70	3 this subsection. At a minimum, the Illinois Department shall
71	71	4 cover the following categories of families:
72	72	5 (1) recipients of TANF under Article IV participating
73	73	6 in work and training activities as specified in the
74	74	7 personal plan for employment and self-sufficiency;
75	75	8 (2) families transitioning from TANF to work;
76	76	9 (3) families at risk of becoming recipients of TANF;
77	77	10 (4) families with special needs as defined by rule;
78	78	11 (5) working families with very low incomes as defined
79	79	12 by rule;
80	80	13 (6) families that are not recipients of TANF and that
81	81	14 need child care assistance to participate in education and
82	82	15 training activities;
83	83	16 (7) youth in care, as defined in Section 4d of the
84	84	17 Children and Family Services Act, who are parents,
85	85	18 regardless of income or whether they are working or
86	86	19 participating in Department-approved employment or
87	87	20 education or training programs. Any family that receives
88	88	21 child care assistance in accordance with this paragraph
89	89	22 shall receive one additional 12-month child care
90	90	23 eligibility period after the parenting youth in care's
91	91	24 case with the Department of Children and Family Services
92	92	25 is closed, regardless of income or whether the parenting
93	93	26 youth in care is working or participating in
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104	104	1 Department-approved employment or education or training
105	105	2 programs;
106	106	3 (8) families receiving Extended Family Support Program
107	107	4 services from the Department of Children and Family
108	108	5 Services, regardless of income or whether they are working
109	109	6 or participating in Department-approved employment or
110	110	7 education or training programs; and
111	111	8 (9) families with children under the age of 5 who have
112	112	9 an open intact family services case with the Department of
113	113	10 Children and Family Services. Any family that receives
114	114	11 child care assistance in accordance with this paragraph
115	115	12 shall remain eligible for child care assistance 6 months
116	116	13 after the child's intact family services case is closed,
117	117	14 regardless of whether the child's parents or other
118	118	15 relatives as defined by rule are working or participating
119	119	16 in Department approved employment or education or training
120	120	17 programs. The Department of Human Services, in
121	121	18 consultation with the Department of Children and Family
122	122	19 Services, shall adopt rules to protect the privacy of
123	123	20 families who are the subject of an open intact family
124	124	21 services case when such families enroll in child care
125	125	22 services. Additional rules shall be adopted to offer
126	126	23 children who have an open intact family services case the
127	127	24 opportunity to receive an Early Intervention screening and
128	128	25 other services that their families may be eligible for as
129	129	26 provided by the Department of Human Services; .
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140	140	1 (10) families with a parent or guardian who is
141	141	2 employed as a mental health care worker and has income
142	142	3 below the specified income threshold established for such
143	143	4 families under this subsection. As used in this paragraph,
144	144	5 "mental health care worker" mean a professional counselor,
145	145	6 clinical professional counselor, clinical psychologist,
146	146	7 social worker, clinical social worker, or other mental
147	147	8 health professional who is licensed or otherwise
148	148	9 authorized to deliver health care services under the laws
149	149	10 of this State and is actively engaged in his or her
150	150	11 profession;
151	151	12 (11) families with a parent or guardian who is
152	152	13 employed as a teacher and has income below the specified
153	153	14 income threshold established for such families under this
154	154	15 subsection. As used in this paragraph, "teacher" means a
155	155	16 teacher licensed under Article 21B of the School Code or a
156	156	17 teacher employed at a private elementary or secondary
157	157	18 school in Illinois; and
158	158	19 (12) families with a parent or guardian who is
159	159	20 employed as a health care provider and has income below
160	160	21 the specified income threshold established for such
161	161	22 families under this subsection. As used in this Section,
162	162	23 "health care provider" means any health care professional
163	163	24 who is licensed or otherwise authorized to deliver health
164	164	25 care services under the laws of this State and is actively
165	165	26 engaged in his or her profession.
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176	176	1 Beginning October 1, 2023, and every October 1 thereafter,
177	177	2 the Department of Children and Family Services shall report to
178	178	3 the General Assembly on the number of children who received
179	179	4 child care via vouchers paid for by the Department of Children
180	180	5 and Family Services during the preceding fiscal year. The
181	181	6 report shall include the ages of children who received child
182	182	7 care, the type of child care they received, and the number of
183	183	8 months they received child care.
184	184	9 The Department shall specify by rule the conditions of
185	185	10 eligibility, the application process, and the types, amounts,
186	186	11 and duration of services. Eligibility for child care benefits
187	187	12 and the amount of child care provided may vary based on family
188	188	13 size, income, and other factors as specified by rule.
189	189	14 The Department shall update the Child Care Assistance
190	190	15 Program Eligibility Calculator posted on its website to
191	191	16 include a question on whether a family is applying for child
192	192	17 care assistance for the first time or is applying for a
193	193	18 redetermination of eligibility.
194	194	19 A family's eligibility for child care services shall be
195	195	20 redetermined no sooner than 12 months following the initial
196	196	21 determination or most recent redetermination. During the
197	197	22 12-month periods, the family shall remain eligible for child
198	198	23 care services regardless of (i) a change in family income,
199	199	24 unless family income exceeds 85% of State median income, or
200	200	25 (ii) a temporary change in the ongoing status of the parents or
201	201	26 other relatives, as defined by rule, as working or attending a
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212	212	1 job training or educational program.
213	213	2 In determining income eligibility for child care benefits,
214	214	3 the Department annually, at the beginning of each fiscal year,
215	215	4 shall establish, by rule, one income threshold for each family
216	216	5 size, in relation to percentage of State median income for a
217	217	6 family of that size, that makes families with incomes below
218	218	7 the specified threshold eligible for assistance and families
219	219	8 with incomes above the specified threshold ineligible for
220	220	9 assistance. Through and including fiscal year 2007, the
221	221	10 specified threshold must be no less than 50% of the
222	222	11 then-current State median income for each family size.
223	223	12 Beginning in fiscal year 2008, the specified threshold must be
224	224	13 no less than 185% of the then-current federal poverty level
225	225	14 for each family size. Notwithstanding any other provision of
226	226	15 law or administrative rule to the contrary, beginning in
227	227	16 fiscal year 2019, the specified threshold for working families
228	228	17 with very low incomes as defined by rule must be no less than
229	229	18 185% of the then-current federal poverty level for each family
230	230	19 size. Notwithstanding any other provision of law or
231	231	20 administrative rule to the contrary, beginning in State fiscal
232	232	21 year 2022 through State fiscal year 2023, the specified income
233	233	22 threshold shall be no less than 200% of the then-current
234	234	23 federal poverty level for each family size. Beginning in State
235	235	24 fiscal year 2024, the specified income threshold shall be no
236	236	25 less than 225% of the then-current federal poverty level for
237	237	26 each family size. Notwithstanding any other provision of law
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248	248	1 or administrative rule to the contrary, beginning in State
249	249	2 Fiscal Year 2025, for families with a parent or guardian who is
250	250	3 employed as a mental health care worker, teacher, or health
251	251	4 care provider, as defined in paragraphs (10), (11), and (12)
252	252	5 respectively, the specified income threshold shall be no less
253	253	6 than 300% of the then-current federal poverty level for each
254	254	7 family size.
255	255	8 In determining eligibility for assistance, the Department
256	256	9 shall not give preference to any category of recipients or
257	257	10 give preference to individuals based on their receipt of
258	258	11 benefits under this Code.
259	259	12 Nothing in this Section shall be construed as conferring
260	260	13 entitlement status to eligible families.
261	261	14 The Illinois Department is authorized to lower income
262	262	15 eligibility ceilings, raise parent co-payments, create waiting
263	263	16 lists, or take such other actions during a fiscal year as are
264	264	17 necessary to ensure that child care benefits paid under this
265	265	18 Article do not exceed the amounts appropriated for those child
266	266	19 care benefits. These changes may be accomplished by emergency
267	267	20 rule under Section 5-45 of the Illinois Administrative
268	268	21 Procedure Act, except that the limitation on the number of
269	269	22 emergency rules that may be adopted in a 24-month period shall
270	270	23 not apply.
271	271	24 The Illinois Department may contract with other State
272	272	25 agencies or child care organizations for the administration of
273	273	26 child care services.
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284	284	1 (c) Payment shall be made for child care that otherwise
285	285	2 meets the requirements of this Section and applicable
286	286	3 standards of State and local law and regulation, including any
287	287	4 requirements the Illinois Department promulgates by rule in
288	288	5 addition to the licensure requirements promulgated by the
289	289	6 Department of Children and Family Services and Fire Prevention
290	290	7 and Safety requirements promulgated by the Office of the State
291	291	8 Fire Marshal, and is provided in any of the following:
292	292	9 (1) a child care center which is licensed or exempt
293	293	10 from licensure pursuant to Section 2.09 of the Child Care
294	294	11 Act of 1969;
295	295	12 (2) a licensed child care home or home exempt from
296	296	13 licensing;
297	297	14 (3) a licensed group child care home;
298	298	15 (4) other types of child care, including child care
299	299	16 provided by relatives or persons living in the same home
300	300	17 as the child, as determined by the Illinois Department by
301	301	18 rule.
302	302	19 (c-5) Solely for the purposes of coverage under the
303	303	20 Illinois Public Labor Relations Act, child and day care home
304	304	21 providers, including licensed and license exempt,
305	305	22 participating in the Department's child care assistance
306	306	23 program shall be considered to be public employees and the
307	307	24 State of Illinois shall be considered to be their employer as
308	308	25 of January 1, 2006 (the effective date of Public Act 94-320),
309	309	26 but not before. The State shall engage in collective
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320	320	1 bargaining with an exclusive representative of child and day
321	321	2 care home providers participating in the child care assistance
322	322	3 program concerning their terms and conditions of employment
323	323	4 that are within the State's control. Nothing in this
324	324	5 subsection shall be understood to limit the right of families
325	325	6 receiving services defined in this Section to select child and
326	326	7 day care home providers or supervise them within the limits of
327	327	8 this Section. The State shall not be considered to be the
328	328	9 employer of child and day care home providers for any purposes
329	329	10 not specifically provided in Public Act 94-320, including, but
330	330	11 not limited to, purposes of vicarious liability in tort and
331	331	12 purposes of statutory retirement or health insurance benefits.
332	332	13 Child and day care home providers shall not be covered by the
333	333	14 State Employees Group Insurance Act of 1971.
334	334	15 In according child and day care home providers and their
335	335	16 selected representative rights under the Illinois Public Labor
336	336	17 Relations Act, the State intends that the State action
337	337	18 exemption to application of federal and State antitrust laws
338	338	19 be fully available to the extent that their activities are
339	339	20 authorized by Public Act 94-320.
340	340	21 (d) The Illinois Department shall establish, by rule, a
341	341	22 co-payment scale that provides for cost sharing by families
342	342	23 that receive child care services, including parents whose only
343	343	24 income is from assistance under this Code. The co-payment
344	344	25 shall be based on family income and family size and may be
345	345	26 based on other factors as appropriate. Co-payments may be
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356	356	1 waived for families whose incomes are at or below the federal
357	357	2 poverty level.
358	358	3 (d-5) The Illinois Department, in consultation with its
359	359	4 Child Care and Development Advisory Council, shall develop a
360	360	5 plan to revise the child care assistance program's co-payment
361	361	6 scale. The plan shall be completed no later than February 1,
362	362	7 2008, and shall include:
363	363	8 (1) findings as to the percentage of income that the
364	364	9 average American family spends on child care and the
365	365	10 relative amounts that low-income families and the average
366	366	11 American family spend on other necessities of life;
367	367	12 (2) recommendations for revising the child care
368	368	13 co-payment scale to assure that families receiving child
369	369	14 care services from the Department are paying no more than
370	370	15 they can reasonably afford;
371	371	16 (3) recommendations for revising the child care
372	372	17 co-payment scale to provide at-risk children with complete
373	373	18 access to Preschool for All and Head Start; and
374	374	19 (4) recommendations for changes in child care program
375	375	20 policies that affect the affordability of child care.
376	376	21 (e) (Blank).
377	377	22 (f) The Illinois Department shall, by rule, set rates to
378	378	23 be paid for the various types of child care. Child care may be
379	379	24 provided through one of the following methods:
380	380	25 (1) arranging the child care through eligible
381	381	26 providers by use of purchase of service contracts or
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392	392	1 vouchers;
393	393	2 (2) arranging with other agencies and community
394	394	3 volunteer groups for non-reimbursed child care;
395	395	4 (3) (blank); or
396	396	5 (4) adopting such other arrangements as the Department
397	397	6 determines appropriate.
398	398	7 (f-1) Within 30 days after June 4, 2018 (the effective
399	399	8 date of Public Act 100-587), the Department of Human Services
400	400	9 shall establish rates for child care providers that are no
401	401	10 less than the rates in effect on January 1, 2018 increased by
402	402	11 4.26%.
403	403	12 (f-5) (Blank).
404	404	13 (g) Families eligible for assistance under this Section
405	405	14 shall be given the following options:
406	406	15 (1) receiving a child care certificate issued by the
407	407	16 Department or a subcontractor of the Department that may
408	408	17 be used by the parents as payment for child care and
409	409	18 development services only; or
410	410	19 (2) if space is available, enrolling the child with a
411	411	20 child care provider that has a purchase of service
412	412	21 contract with the Department or a subcontractor of the
413	413	22 Department for the provision of child care and development
414	414	23 services. The Department may identify particular priority
415	415	24 populations for whom they may request special
416	416	25 consideration by a provider with purchase of service
417	417	26 contracts, provided that the providers shall be permitted
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428	428	1 to maintain a balance of clients in terms of household
429	429	2 incomes and families and children with special needs, as
430	430	3 defined by rule.
431	431	4 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
432	432	5 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
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