Illinois 2025-2026 Regular Session

Illinois House Bill HB2656 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2656 Introduced , by Rep. La Shawn K. Ford 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, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program. LRB104 09709 KTG 19775 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2656 Introduced , by Rep. La Shawn K. Ford 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, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program. LRB104 09709 KTG 19775 b LRB104 09709 KTG 19775 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2656 Introduced , by Rep. La Shawn K. Ford 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, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program.
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8	8	A BILL FOR
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10	10	HB2656 LRB104 09709 KTG 19775 b
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	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2656 Introduced , by Rep. La Shawn K. Ford 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, provides that notwithstanding any other law or rule to the contrary, on and after the effective date of the amendatory Act, the Department of Human Services shall include all federal holidays as paid days that are eligible for reimbursement under any purchase of service contract or voucher payment agreement the Department enters into, renews, or extends with a child care provider under the child care assistance program.
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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. At a minimum, the Illinois Department
70	70	3 shall cover the following categories of families:
71	71	4 (1) recipients of TANF under Article IV participating
72	72	5 in work and training activities as specified in the
73	73	6 personal plan for employment and self-sufficiency;
74	74	7 (2) families transitioning from TANF to work;
75	75	8 (3) families at risk of becoming recipients of TANF;
76	76	9 (4) families with special needs as defined by rule;
77	77	10 (5) working families with very low incomes as defined
78	78	11 by rule;
79	79	12 (6) families that are not recipients of TANF and that
80	80	13 need child care assistance to participate in education and
81	81	14 training activities;
82	82	15 (7) youth in care, as defined in Section 4d of the
83	83	16 Children and Family Services Act, who are parents,
84	84	17 regardless of income or whether they are working or
85	85	18 participating in Department-approved employment or
86	86	19 education or training programs. Any family that receives
87	87	20 child care assistance in accordance with this paragraph
88	88	21 shall receive one additional 12-month child care
89	89	22 eligibility period after the parenting youth in care's
90	90	23 case with the Department of Children and Family Services
91	91	24 is closed, regardless of income or whether the parenting
92	92	25 youth in care is working or participating in
93	93	26 Department-approved employment or education or training
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104	104	1 programs;
105	105	2 (8) families receiving Extended Family Support Program
106	106	3 services from the Department of Children and Family
107	107	4 Services, regardless of income or whether they are working
108	108	5 or participating in Department-approved employment or
109	109	6 education or training programs; and
110	110	7 (9) families with children under the age of 5 who have
111	111	8 an open intact family services case with the Department of
112	112	9 Children and Family Services. Any family that receives
113	113	10 child care assistance in accordance with this paragraph
114	114	11 shall remain eligible for child care assistance 6 months
115	115	12 after the child's intact family services case is closed,
116	116	13 regardless of whether the child's parents or other
117	117	14 relatives as defined by rule are working or participating
118	118	15 in Department approved employment or education or training
119	119	16 programs. The Department of Early Childhood, in
120	120	17 consultation with the Department of Children and Family
121	121	18 Services, shall adopt rules to protect the privacy of
122	122	19 families who are the subject of an open intact family
123	123	20 services case when such families enroll in child care
124	124	21 services. Additional rules shall be adopted to offer
125	125	22 children who have an open intact family services case the
126	126	23 opportunity to receive an Early Intervention screening and
127	127	24 other services that their families may be eligible for as
128	128	25 provided by the Department of Human Services.
129	129	26 Beginning October 1, 2027, and every October 1 thereafter,
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140	140	1 the Department of Children and Family Services shall report to
141	141	2 the General Assembly on the number of children who received
142	142	3 child care via vouchers paid for by the Department of Early
143	143	4 Childhood during the preceding fiscal year. The report shall
144	144	5 include the ages of children who received child care, the type
145	145	6 of child care they received, and the number of months they
146	146	7 received child care.
147	147	8 The Department shall specify by rule the conditions of
148	148	9 eligibility, the application process, and the types, amounts,
149	149	10 and duration of services. Eligibility for child care benefits
150	150	11 and the amount of child care provided may vary based on family
151	151	12 size, income, and other factors as specified by rule.
152	152	13 The Department shall update the Child Care Assistance
153	153	14 Program Eligibility Calculator posted on its website to
154	154	15 include a question on whether a family is applying for child
155	155	16 care assistance for the first time or is applying for a
156	156	17 redetermination of eligibility.
157	157	18 A family's eligibility for child care services shall be
158	158	19 redetermined no sooner than 12 months following the initial
159	159	20 determination or most recent redetermination. During the
160	160	21 12-month periods, the family shall remain eligible for child
161	161	22 care services regardless of (i) a change in family income,
162	162	23 unless family income exceeds 85% of State median income, or
163	163	24 (ii) a temporary change in the ongoing status of the parents or
164	164	25 other relatives, as defined by rule, as working or attending a
165	165	26 job training or educational program.
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176	176	1 In determining income eligibility for child care benefits,
177	177	2 the Department annually, at the beginning of each fiscal year,
178	178	3 shall establish, by rule, one income threshold for each family
179	179	4 size, in relation to percentage of State median income for a
180	180	5 family of that size, that makes families with incomes below
181	181	6 the specified threshold eligible for assistance and families
182	182	7 with incomes above the specified threshold ineligible for
183	183	8 assistance. Through and including fiscal year 2007, the
184	184	9 specified threshold must be no less than 50% of the
185	185	10 then-current State median income for each family size.
186	186	11 Beginning in fiscal year 2008, the specified threshold must be
187	187	12 no less than 185% of the then-current federal poverty level
188	188	13 for each family size. Notwithstanding any other provision of
189	189	14 law or administrative rule to the contrary, beginning in
190	190	15 fiscal year 2019, the specified threshold for working families
191	191	16 with very low incomes as defined by rule must be no less than
192	192	17 185% of the then-current federal poverty level for each family
193	193	18 size. Notwithstanding any other provision of law or
194	194	19 administrative rule to the contrary, beginning in State fiscal
195	195	20 year 2022 through State fiscal year 2023, the specified income
196	196	21 threshold shall be no less than 200% of the then-current
197	197	22 federal poverty level for each family size. Beginning in State
198	198	23 fiscal year 2024, the specified income threshold shall be no
199	199	24 less than 225% of the then-current federal poverty level for
200	200	25 each family size.
201	201	26 In determining eligibility for assistance, the Department
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212	212	1 shall not give preference to any category of recipients or
213	213	2 give preference to individuals based on their receipt of
214	214	3 benefits under this Code.
215	215	4 Nothing in this Section shall be construed as conferring
216	216	5 entitlement status to eligible families.
217	217	6 The Illinois Department is authorized to lower income
218	218	7 eligibility ceilings, raise parent co-payments, create waiting
219	219	8 lists, or take such other actions during a fiscal year as are
220	220	9 necessary to ensure that child care benefits paid under this
221	221	10 Article do not exceed the amounts appropriated for those child
222	222	11 care benefits. These changes may be accomplished by emergency
223	223	12 rule under Section 5-45 of the Illinois Administrative
224	224	13 Procedure Act, except that the limitation on the number of
225	225	14 emergency rules that may be adopted in a 24-month period shall
226	226	15 not apply.
227	227	16 The Illinois Department may contract with other State
228	228	17 agencies or child care organizations for the administration of
229	229	18 child care services.
230	230	19 (c) Payment shall be made for child care that otherwise
231	231	20 meets the requirements of this Section and applicable
232	232	21 standards of State and local law and regulation, including any
233	233	22 requirements the Illinois Department promulgates by rule.
234	234	23 Through June 30, 2026, the rules of this Section include
235	235	24 licensure requirements adopted by the Department of Children
236	236	25 and Family Services. On and after July 1, 2026, the rules of
237	237	26 this Section include licensure requirements adopted by the
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248	248	1 Department of Early Childhood. In addition, the regulations of
249	249	2 this Section include the Fire Prevention and Safety
250	250	3 requirements promulgated by the Office of the State Fire
251	251	4 Marshal, and is provided in any of the following:
252	252	5 (1) a child care center which is licensed or exempt
253	253	6 from licensure pursuant to Section 2.09 of the Child Care
254	254	7 Act of 1969;
255	255	8 (2) a licensed child care home or home exempt from
256	256	9 licensing;
257	257	10 (3) a licensed group child care home;
258	258	11 (4) other types of child care, including child care
259	259	12 provided by relatives or persons living in the same home
260	260	13 as the child, as determined by the Illinois Department by
261	261	14 rule.
262	262	15 (c-5) Solely for the purposes of coverage under the
263	263	16 Illinois Public Labor Relations Act, child and day care home
264	264	17 providers, including licensed and license exempt,
265	265	18 participating in the Department's child care assistance
266	266	19 program shall be considered to be public employees and the
267	267	20 State of Illinois shall be considered to be their employer as
268	268	21 of January 1, 2006 (the effective date of Public Act 94-320),
269	269	22 but not before. The State shall engage in collective
270	270	23 bargaining with an exclusive representative of child and day
271	271	24 care home providers participating in the child care assistance
272	272	25 program concerning their terms and conditions of employment
273	273	26 that are within the State's control. Nothing in this
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284	284	1 subsection shall be understood to limit the right of families
285	285	2 receiving services defined in this Section to select child and
286	286	3 day care home providers or supervise them within the limits of
287	287	4 this Section. The State shall not be considered to be the
288	288	5 employer of child and day care home providers for any purposes
289	289	6 not specifically provided in Public Act 94-320, including, but
290	290	7 not limited to, purposes of vicarious liability in tort and
291	291	8 purposes of statutory retirement or health insurance benefits.
292	292	9 Child and day care home providers shall not be covered by the
293	293	10 State Employees Group Insurance Act of 1971.
294	294	11 In according child and day care home providers and their
295	295	12 selected representative rights under the Illinois Public Labor
296	296	13 Relations Act, the State intends that the State action
297	297	14 exemption to application of federal and State antitrust laws
298	298	15 be fully available to the extent that their activities are
299	299	16 authorized by Public Act 94-320.
300	300	17 (d) The Illinois Department shall establish, by rule, a
301	301	18 co-payment scale that provides for cost sharing by families
302	302	19 that receive child care services, including parents whose only
303	303	20 income is from assistance under this Code. The co-payment
304	304	21 shall be based on family income and family size and may be
305	305	22 based on other factors as appropriate. Co-payments may be
306	306	23 waived for families whose incomes are at or below the federal
307	307	24 poverty level.
308	308	25 (d-5) The Illinois Department, in consultation with its
309	309	26 Child Care and Development Advisory Council, shall develop a
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320	320	1 plan to revise the child care assistance program's co-payment
321	321	2 scale. The plan shall be completed no later than February 1,
322	322	3 2008, and shall include:
323	323	4 (1) findings as to the percentage of income that the
324	324	5 average American family spends on child care and the
325	325	6 relative amounts that low-income families and the average
326	326	7 American family spend on other necessities of life;
327	327	8 (2) recommendations for revising the child care
328	328	9 co-payment scale to assure that families receiving child
329	329	10 care services from the Department are paying no more than
330	330	11 they can reasonably afford;
331	331	12 (3) recommendations for revising the child care
332	332	13 co-payment scale to provide at-risk children with complete
333	333	14 access to Preschool for All and Head Start; and
334	334	15 (4) recommendations for changes in child care program
335	335	16 policies that affect the affordability of child care.
336	336	17 (e) (Blank).
337	337	18 (f) The Illinois Department shall, by rule, set rates to
338	338	19 be paid for the various types of child care. Child care may be
339	339	20 provided through one of the following methods:
340	340	21 (1) arranging the child care through eligible
341	341	22 providers by use of purchase of service contracts or
342	342	23 vouchers;
343	343	24 (2) arranging with other agencies and community
344	344	25 volunteer groups for non-reimbursed child care;
345	345	26 (3) (blank); or
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356	356	1 (4) adopting such other arrangements as the Department
357	357	2 determines appropriate.
358	358	3 Notwithstanding any other law or rule to the contrary, on
359	359	4 and after the effective date of this amendatory Act of the
360	360	5 104th General Assembly, the Department shall include all
361	361	6 federal holidays as paid days that are eligible for
362	362	7 reimbursement under any purchase of service contract or
363	363	8 voucher payment agreement the Department enters into, renews,
364	364	9 or extends with a child care provider under the child care
365	365	10 assistance program.
366	366	11 (f-1) Within 30 days after June 4, 2018 (the effective
367	367	12 date of Public Act 100-587), the Department of Human Services
368	368	13 shall establish rates for child care providers that are no
369	369	14 less than the rates in effect on January 1, 2018 increased by
370	370	15 4.26%.
371	371	16 (f-5) (Blank).
372	372	17 (g) Families eligible for assistance under this Section
373	373	18 shall be given the following options:
374	374	19 (1) receiving a child care certificate issued by the
375	375	20 Department or a subcontractor of the Department that may
376	376	21 be used by the parents as payment for child care and
377	377	22 development services only; or
378	378	23 (2) if space is available, enrolling the child with a
379	379	24 child care provider that has a purchase of service
380	380	25 contract with the Department or a subcontractor of the
381	381	26 Department for the provision of child care and development
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