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Illinois House Bill HB1109

Illinois 2025-2026 Regular Session

Illinois House Bill HB1109 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1109 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, 2026, all child care workers with incomes at or below 325% of the federal poverty level for each family size. LRB104 03847 KTG 13871 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1109 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, 2026, all child care workers with incomes at or below 325% of the federal poverty level for each family size. LRB104 03847 KTG 13871 b LRB104 03847 KTG 13871 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1109 Introduced , by Rep. Charles Meier 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, expands the categories of families eligible for assistance to include, beginning January 1, 2026, all child care workers with incomes at or below 325% of the federal poverty level for each family size.
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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 limited access to economic
2121 11 resources, including those who are transitioning from welfare
2222 12 to work, often struggle to pay the costs of day care. The
2323 13 General Assembly understands the importance of helping working
2424 14 families with limited access to economic resources become and
2525 15 remain self-sufficient. The General Assembly also believes
2626 16 that it is the responsibility of families to share in the costs
2727 17 of child care. It is also the preference of the General
2828 18 Assembly that all working families with limited access to
2929 19 economic resources should be treated equally, regardless of
3030 20 their welfare status.
3131 21 (b) To the extent resources permit, the Illinois
3232 22 Department shall provide child care services to parents or
3333 23 other relatives as defined by rule who are working or
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1109 Introduced , by Rep. Charles Meier 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, expands the categories of families eligible for assistance to include, beginning January 1, 2026, all child care workers with incomes at or below 325% of the federal poverty level for each family size.
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6868 1 participating in employment or Department approved education
6969 2 or training programs. At a minimum, the Illinois Department
7070 3 shall cover the following categories of families:
7171 4 (1) recipients of TANF under Article IV participating
7272 5 in work and training activities as specified in the
7373 6 personal plan for employment and self-sufficiency;
7474 7 (2) families transitioning from TANF to work;
7575 8 (3) families at risk of becoming recipients of TANF;
7676 9 (4) families with special needs as defined by rule;
7777 10 (5) working families with very low incomes as defined
7878 11 by rule;
7979 12 (6) families that are not recipients of TANF and that
8080 13 need child care assistance to participate in education and
8181 14 training activities;
8282 15 (7) youth in care, as defined in Section 4d of the
8383 16 Children and Family Services Act, who are parents,
8484 17 regardless of income or whether they are working or
8585 18 participating in Department-approved employment or
8686 19 education or training programs. Any family that receives
8787 20 child care assistance in accordance with this paragraph
8888 21 shall receive one additional 12-month child care
8989 22 eligibility period after the parenting youth in care's
9090 23 case with the Department of Children and Family Services
9191 24 is closed, regardless of income or whether the parenting
9292 25 youth in care is working or participating in
9393 26 Department-approved employment or education or training
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104104 1 programs;
105105 2 (8) families receiving Extended Family Support Program
106106 3 services from the Department of Children and Family
107107 4 Services, regardless of income or whether they are working
108108 5 or participating in Department-approved employment or
109109 6 education or training programs; and
110110 7 (9) families with children under the age of 5 who have
111111 8 an open intact family services case with the Department of
112112 9 Children and Family Services. Any family that receives
113113 10 child care assistance in accordance with this paragraph
114114 11 shall remain eligible for child care assistance 6 months
115115 12 after the child's intact family services case is closed,
116116 13 regardless of whether the child's parents or other
117117 14 relatives as defined by rule are working or participating
118118 15 in Department approved employment or education or training
119119 16 programs. The Department of Early Childhood, in
120120 17 consultation with the Department of Children and Family
121121 18 Services, shall adopt rules to protect the privacy of
122122 19 families who are the subject of an open intact family
123123 20 services case when such families enroll in child care
124124 21 services. Additional rules shall be adopted to offer
125125 22 children who have an open intact family services case the
126126 23 opportunity to receive an Early Intervention screening and
127127 24 other services that their families may be eligible for as
128128 25 provided by the Department of Human Services; and .
129129 26 (10) beginning January 1, 2026, all child care workers
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140140 1 with incomes at or below 325% of the federal poverty level
141141 2 for each family size.
142142 3 Beginning October 1, 2027, and every October 1 thereafter,
143143 4 the Department of Children and Family Services shall report to
144144 5 the General Assembly on the number of children who received
145145 6 child care via vouchers paid for by the Department of Early
146146 7 Childhood during the preceding fiscal year. The report shall
147147 8 include the ages of children who received child care, the type
148148 9 of child care they received, and the number of months they
149149 10 received child care.
150150 11 The Department shall specify by rule the conditions of
151151 12 eligibility, the application process, and the types, amounts,
152152 13 and duration of services. Eligibility for child care benefits
153153 14 and the amount of child care provided may vary based on family
154154 15 size, income, and other factors as specified by rule.
155155 16 The Department shall update the Child Care Assistance
156156 17 Program Eligibility Calculator posted on its website to
157157 18 include a question on whether a family is applying for child
158158 19 care assistance for the first time or is applying for a
159159 20 redetermination of eligibility.
160160 21 A family's eligibility for child care services shall be
161161 22 redetermined no sooner than 12 months following the initial
162162 23 determination or most recent redetermination. During the
163163 24 12-month periods, the family shall remain eligible for child
164164 25 care services regardless of (i) a change in family income,
165165 26 unless family income exceeds 85% of State median income, or
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176176 1 (ii) a temporary change in the ongoing status of the parents or
177177 2 other relatives, as defined by rule, as working or attending a
178178 3 job training or educational program.
179179 4 In determining income eligibility for child care benefits,
180180 5 the Department annually, at the beginning of each fiscal year,
181181 6 shall establish, by rule, one income threshold for each family
182182 7 size, in relation to percentage of State median income for a
183183 8 family of that size, that makes families with incomes below
184184 9 the specified threshold eligible for assistance and families
185185 10 with incomes above the specified threshold ineligible for
186186 11 assistance. Through and including fiscal year 2007, the
187187 12 specified threshold must be no less than 50% of the
188188 13 then-current State median income for each family size.
189189 14 Beginning in fiscal year 2008, the specified threshold must be
190190 15 no less than 185% of the then-current federal poverty level
191191 16 for each family size. Notwithstanding any other provision of
192192 17 law or administrative rule to the contrary, beginning in
193193 18 fiscal year 2019, the specified threshold for working families
194194 19 with very low incomes as defined by rule must be no less than
195195 20 185% of the then-current federal poverty level for each family
196196 21 size. Notwithstanding any other provision of law or
197197 22 administrative rule to the contrary, beginning in State fiscal
198198 23 year 2022 through State fiscal year 2023, the specified income
199199 24 threshold shall be no less than 200% of the then-current
200200 25 federal poverty level for each family size. Beginning in State
201201 26 fiscal year 2024, the specified income threshold shall be no
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212212 1 less than 225% of the then-current federal poverty level for
213213 2 each family size.
214214 3 In determining eligibility for assistance, the Department
215215 4 shall not give preference to any category of recipients or
216216 5 give preference to individuals based on their receipt of
217217 6 benefits under this Code.
218218 7 Nothing in this Section shall be construed as conferring
219219 8 entitlement status to eligible families.
220220 9 The Illinois Department is authorized to lower income
221221 10 eligibility ceilings, raise parent co-payments, create waiting
222222 11 lists, or take such other actions during a fiscal year as are
223223 12 necessary to ensure that child care benefits paid under this
224224 13 Article do not exceed the amounts appropriated for those child
225225 14 care benefits. These changes may be accomplished by emergency
226226 15 rule under Section 5-45 of the Illinois Administrative
227227 16 Procedure Act, except that the limitation on the number of
228228 17 emergency rules that may be adopted in a 24-month period shall
229229 18 not apply.
230230 19 The Illinois Department may contract with other State
231231 20 agencies or child care organizations for the administration of
232232 21 child care services.
233233 22 (c) Payment shall be made for child care that otherwise
234234 23 meets the requirements of this Section and applicable
235235 24 standards of State and local law and regulation, including any
236236 25 requirements the Illinois Department promulgates by rule.
237237 26 Through June 30, 2026, the rules of this Section include
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248248 1 licensure requirements adopted by the Department of Children
249249 2 and Family Services. On and after July 1, 2026, the rules of
250250 3 this Section include licensure requirements adopted by the
251251 4 Department of Early Childhood. In addition, the regulations of
252252 5 this Section include the Fire Prevention and Safety
253253 6 requirements promulgated by the Office of the State Fire
254254 7 Marshal, and is provided in any of the following:
255255 8 (1) a child care center which is licensed or exempt
256256 9 from licensure pursuant to Section 2.09 of the Child Care
257257 10 Act of 1969;
258258 11 (2) a licensed child care home or home exempt from
259259 12 licensing;
260260 13 (3) a licensed group child care home;
261261 14 (4) other types of child care, including child care
262262 15 provided by relatives or persons living in the same home
263263 16 as the child, as determined by the Illinois Department by
264264 17 rule.
265265 18 (c-5) Solely for the purposes of coverage under the
266266 19 Illinois Public Labor Relations Act, child and day care home
267267 20 providers, including licensed and license exempt,
268268 21 participating in the Department's child care assistance
269269 22 program shall be considered to be public employees and the
270270 23 State of Illinois shall be considered to be their employer as
271271 24 of January 1, 2006 (the effective date of Public Act 94-320),
272272 25 but not before. The State shall engage in collective
273273 26 bargaining with an exclusive representative of child and day
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284284 1 care home providers participating in the child care assistance
285285 2 program concerning their terms and conditions of employment
286286 3 that are within the State's control. Nothing in this
287287 4 subsection shall be understood to limit the right of families
288288 5 receiving services defined in this Section to select child and
289289 6 day care home providers or supervise them within the limits of
290290 7 this Section. The State shall not be considered to be the
291291 8 employer of child and day care home providers for any purposes
292292 9 not specifically provided in Public Act 94-320, including, but
293293 10 not limited to, purposes of vicarious liability in tort and
294294 11 purposes of statutory retirement or health insurance benefits.
295295 12 Child and day care home providers shall not be covered by the
296296 13 State Employees Group Insurance Act of 1971.
297297 14 In according child and day care home providers and their
298298 15 selected representative rights under the Illinois Public Labor
299299 16 Relations Act, the State intends that the State action
300300 17 exemption to application of federal and State antitrust laws
301301 18 be fully available to the extent that their activities are
302302 19 authorized by Public Act 94-320.
303303 20 (d) The Illinois Department shall establish, by rule, a
304304 21 co-payment scale that provides for cost sharing by families
305305 22 that receive child care services, including parents whose only
306306 23 income is from assistance under this Code. The co-payment
307307 24 shall be based on family income and family size and may be
308308 25 based on other factors as appropriate. Co-payments may be
309309 26 waived for families whose incomes are at or below the federal
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320320 1 poverty level.
321321 2 (d-5) The Illinois Department, in consultation with its
322322 3 Child Care and Development Advisory Council, shall develop a
323323 4 plan to revise the child care assistance program's co-payment
324324 5 scale. The plan shall be completed no later than February 1,
325325 6 2008, and shall include:
326326 7 (1) findings as to the percentage of income that the
327327 8 average American family spends on child care and the
328328 9 relative amounts that low-income families and the average
329329 10 American family spend on other necessities of life;
330330 11 (2) recommendations for revising the child care
331331 12 co-payment scale to assure that families receiving child
332332 13 care services from the Department are paying no more than
333333 14 they can reasonably afford;
334334 15 (3) recommendations for revising the child care
335335 16 co-payment scale to provide at-risk children with complete
336336 17 access to Preschool for All and Head Start; and
337337 18 (4) recommendations for changes in child care program
338338 19 policies that affect the affordability of child care.
339339 20 (e) (Blank).
340340 21 (f) The Illinois Department shall, by rule, set rates to
341341 22 be paid for the various types of child care. Child care may be
342342 23 provided through one of the following methods:
343343 24 (1) arranging the child care through eligible
344344 25 providers by use of purchase of service contracts or
345345 26 vouchers;
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356356 1 (2) arranging with other agencies and community
357357 2 volunteer groups for non-reimbursed child care;
358358 3 (3) (blank); or
359359 4 (4) adopting such other arrangements as the Department
360360 5 determines appropriate.
361361 6 (f-1) Within 30 days after June 4, 2018 (the effective
362362 7 date of Public Act 100-587), the Department of Human Services
363363 8 shall establish rates for child care providers that are no
364364 9 less than the rates in effect on January 1, 2018 increased by
365365 10 4.26%.
366366 11 (f-5) (Blank).
367367 12 (g) Families eligible for assistance under this Section
368368 13 shall be given the following options:
369369 14 (1) receiving a child care certificate issued by the
370370 15 Department or a subcontractor of the Department that may
371371 16 be used by the parents as payment for child care and
372372 17 development services only; or
373373 18 (2) if space is available, enrolling the child with a
374374 19 child care provider that has a purchase of service
375375 20 contract with the Department or a subcontractor of the
376376 21 Department for the provision of child care and development
377377 22 services. The Department may identify particular priority
378378 23 populations for whom they may request special
379379 24 consideration by a provider with purchase of service
380380 25 contracts, provided that the providers shall be permitted
381381 26 to maintain a balance of clients in terms of household
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