Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1225 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1225 Introduced 1/24/2025, 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 2026, 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, 2025. LRB104 07348 KTG 17388 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1225 Introduced 1/24/2025, 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 2026, 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, 2025. LRB104 07348 KTG 17388 b LRB104 07348 KTG 17388 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1225 Introduced 1/24/2025, by Sen. Laura Ellman 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
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55 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 2026, 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, 2025.
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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 SB1225 Introduced 1/24/2025, by Sen. Laura Ellman 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. 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 2026, 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, 2025.
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6868 1 participating in employment or Department approved education
6969 2 or training programs or are otherwise employed as specified in
7070 3 this subsection. At a minimum, the Illinois Department shall
7171 4 cover the following categories of families:
7272 5 (1) recipients of TANF under Article IV participating
7373 6 in work and training activities as specified in the
7474 7 personal plan for employment and self-sufficiency;
7575 8 (2) families transitioning from TANF to work;
7676 9 (3) families at risk of becoming recipients of TANF;
7777 10 (4) families with special needs as defined by rule;
7878 11 (5) working families with very low incomes as defined
7979 12 by rule;
8080 13 (6) families that are not recipients of TANF and that
8181 14 need child care assistance to participate in education and
8282 15 training activities;
8383 16 (7) youth in care, as defined in Section 4d of the
8484 17 Children and Family Services Act, who are parents,
8585 18 regardless of income or whether they are working or
8686 19 participating in Department-approved employment or
8787 20 education or training programs. Any family that receives
8888 21 child care assistance in accordance with this paragraph
8989 22 shall receive one additional 12-month child care
9090 23 eligibility period after the parenting youth in care's
9191 24 case with the Department of Children and Family Services
9292 25 is closed, regardless of income or whether the parenting
9393 26 youth in care is working or participating in
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104104 1 Department-approved employment or education or training
105105 2 programs;
106106 3 (8) families receiving Extended Family Support Program
107107 4 services from the Department of Children and Family
108108 5 Services, regardless of income or whether they are working
109109 6 or participating in Department-approved employment or
110110 7 education or training programs; and
111111 8 (9) families with children under the age of 5 who have
112112 9 an open intact family services case with the Department of
113113 10 Children and Family Services. Any family that receives
114114 11 child care assistance in accordance with this paragraph
115115 12 shall remain eligible for child care assistance 6 months
116116 13 after the child's intact family services case is closed,
117117 14 regardless of whether the child's parents or other
118118 15 relatives as defined by rule are working or participating
119119 16 in Department approved employment or education or training
120120 17 programs. The Department of Early Childhood, in
121121 18 consultation with the Department of Children and Family
122122 19 Services, shall adopt rules to protect the privacy of
123123 20 families who are the subject of an open intact family
124124 21 services case when such families enroll in child care
125125 22 services. Additional rules shall be adopted to offer
126126 23 children who have an open intact family services case the
127127 24 opportunity to receive an Early Intervention screening and
128128 25 other services that their families may be eligible for as
129129 26 provided by the Department of Human Services; .
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140140 1 (10) families with a parent or guardian who is
141141 2 employed as a mental health care worker and has income
142142 3 below the specified income threshold established for such
143143 4 families under this subsection. As used in this paragraph,
144144 5 "mental health care worker" mean a professional counselor,
145145 6 clinical professional counselor, clinical psychologist,
146146 7 social worker, clinical social worker, or other mental
147147 8 health professional who is licensed or otherwise
148148 9 authorized to deliver health care services under the laws
149149 10 of this State and is actively engaged in his or her
150150 11 profession;
151151 12 (11) families with a parent or guardian who is
152152 13 employed as a teacher and has income below the specified
153153 14 income threshold established for such families under this
154154 15 subsection. As used in this paragraph, "teacher" means a
155155 16 teacher licensed under Article 21B of the School Code or a
156156 17 teacher employed at a private elementary or secondary
157157 18 school in Illinois; and
158158 19 (12) families with a parent or guardian who is
159159 20 employed as a health care provider and has income below
160160 21 the specified income threshold established for such
161161 22 families under this subsection. As used in this Section,
162162 23 "health care provider" means any health care professional
163163 24 who is licensed or otherwise authorized to deliver health
164164 25 care services under the laws of this State and is actively
165165 26 engaged in his or her profession.
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176176 1 Beginning October 1, 2027, and every October 1 thereafter,
177177 2 the Department of Children and Family Services shall report to
178178 3 the General Assembly on the number of children who received
179179 4 child care via vouchers paid for by the Department of Early
180180 5 Childhood during the preceding fiscal year. The report shall
181181 6 include the ages of children who received child care, the type
182182 7 of child care they received, and the number of months they
183183 8 received child care.
184184 9 The Department shall specify by rule the conditions of
185185 10 eligibility, the application process, and the types, amounts,
186186 11 and duration of services. Eligibility for child care benefits
187187 12 and the amount of child care provided may vary based on family
188188 13 size, income, and other factors as specified by rule.
189189 14 The Department shall update the Child Care Assistance
190190 15 Program Eligibility Calculator posted on its website to
191191 16 include a question on whether a family is applying for child
192192 17 care assistance for the first time or is applying for a
193193 18 redetermination of eligibility.
194194 19 A family's eligibility for child care services shall be
195195 20 redetermined no sooner than 12 months following the initial
196196 21 determination or most recent redetermination. During the
197197 22 12-month periods, the family shall remain eligible for child
198198 23 care services regardless of (i) a change in family income,
199199 24 unless family income exceeds 85% of State median income, or
200200 25 (ii) a temporary change in the ongoing status of the parents or
201201 26 other relatives, as defined by rule, as working or attending a
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212212 1 job training or educational program.
213213 2 In determining income eligibility for child care benefits,
214214 3 the Department annually, at the beginning of each fiscal year,
215215 4 shall establish, by rule, one income threshold for each family
216216 5 size, in relation to percentage of State median income for a
217217 6 family of that size, that makes families with incomes below
218218 7 the specified threshold eligible for assistance and families
219219 8 with incomes above the specified threshold ineligible for
220220 9 assistance. Through and including fiscal year 2007, the
221221 10 specified threshold must be no less than 50% of the
222222 11 then-current State median income for each family size.
223223 12 Beginning in fiscal year 2008, the specified threshold must be
224224 13 no less than 185% of the then-current federal poverty level
225225 14 for each family size. Notwithstanding any other provision of
226226 15 law or administrative rule to the contrary, beginning in
227227 16 fiscal year 2019, the specified threshold for working families
228228 17 with very low incomes as defined by rule must be no less than
229229 18 185% of the then-current federal poverty level for each family
230230 19 size. Notwithstanding any other provision of law or
231231 20 administrative rule to the contrary, beginning in State fiscal
232232 21 year 2022 through State fiscal year 2023, the specified income
233233 22 threshold shall be no less than 200% of the then-current
234234 23 federal poverty level for each family size. Beginning in State
235235 24 fiscal year 2024, the specified income threshold shall be no
236236 25 less than 225% of the then-current federal poverty level for
237237 26 each family size.
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248248 1 Notwithstanding any other provision of law or
249249 2 administrative rule to the contrary, beginning in State Fiscal
250250 3 Year 2026, for families with a parent or guardian who is
251251 4 employed as a mental health care worker, teacher, or health
252252 5 care provider, as defined in paragraphs (10), (11), and (12)
253253 6 respectively, the specified income threshold shall be no less
254254 7 than 300% of the then-current federal poverty level for each
255255 8 family size.
256256 9 In determining eligibility for assistance, the Department
257257 10 shall not give preference to any category of recipients or
258258 11 give preference to individuals based on their receipt of
259259 12 benefits under this Code.
260260 13 Nothing in this Section shall be construed as conferring
261261 14 entitlement status to eligible families.
262262 15 The Illinois Department is authorized to lower income
263263 16 eligibility ceilings, raise parent co-payments, create waiting
264264 17 lists, or take such other actions during a fiscal year as are
265265 18 necessary to ensure that child care benefits paid under this
266266 19 Article do not exceed the amounts appropriated for those child
267267 20 care benefits. These changes may be accomplished by emergency
268268 21 rule under Section 5-45 of the Illinois Administrative
269269 22 Procedure Act, except that the limitation on the number of
270270 23 emergency rules that may be adopted in a 24-month period shall
271271 24 not apply.
272272 25 The Illinois Department may contract with other State
273273 26 agencies or child care organizations for the administration of
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284284 1 child care services.
285285 2 (c) Payment shall be made for child care that otherwise
286286 3 meets the requirements of this Section and applicable
287287 4 standards of State and local law and regulation, including any
288288 5 requirements the Illinois Department promulgates by rule.
289289 6 Through June 30, 2026, the rules of this Section include
290290 7 licensure requirements adopted by the Department of Children
291291 8 and Family Services. On and after July 1, 2026, the rules of
292292 9 this Section include licensure requirements adopted by the
293293 10 Department of Early Childhood. In addition, the regulations of
294294 11 this Section include the Fire Prevention and Safety
295295 12 requirements promulgated by the Office of the State Fire
296296 13 Marshal, and is provided in any of the following:
297297 14 (1) a child care center which is licensed or exempt
298298 15 from licensure pursuant to Section 2.09 of the Child Care
299299 16 Act of 1969;
300300 17 (2) a licensed child care home or home exempt from
301301 18 licensing;
302302 19 (3) a licensed group child care home;
303303 20 (4) other types of child care, including child care
304304 21 provided by relatives or persons living in the same home
305305 22 as the child, as determined by the Illinois Department by
306306 23 rule.
307307 24 (c-5) Solely for the purposes of coverage under the
308308 25 Illinois Public Labor Relations Act, child and day care home
309309 26 providers, including licensed and license exempt,
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320320 1 participating in the Department's child care assistance
321321 2 program shall be considered to be public employees and the
322322 3 State of Illinois shall be considered to be their employer as
323323 4 of January 1, 2006 (the effective date of Public Act 94-320),
324324 5 but not before. The State shall engage in collective
325325 6 bargaining with an exclusive representative of child and day
326326 7 care home providers participating in the child care assistance
327327 8 program concerning their terms and conditions of employment
328328 9 that are within the State's control. Nothing in this
329329 10 subsection shall be understood to limit the right of families
330330 11 receiving services defined in this Section to select child and
331331 12 day care home providers or supervise them within the limits of
332332 13 this Section. The State shall not be considered to be the
333333 14 employer of child and day care home providers for any purposes
334334 15 not specifically provided in Public Act 94-320, including, but
335335 16 not limited to, purposes of vicarious liability in tort and
336336 17 purposes of statutory retirement or health insurance benefits.
337337 18 Child and day care home providers shall not be covered by the
338338 19 State Employees Group Insurance Act of 1971.
339339 20 In according child and day care home providers and their
340340 21 selected representative rights under the Illinois Public Labor
341341 22 Relations Act, the State intends that the State action
342342 23 exemption to application of federal and State antitrust laws
343343 24 be fully available to the extent that their activities are
344344 25 authorized by Public Act 94-320.
345345 26 (d) The Illinois Department shall establish, by rule, a
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356356 1 co-payment scale that provides for cost sharing by families
357357 2 that receive child care services, including parents whose only
358358 3 income is from assistance under this Code. The co-payment
359359 4 shall be based on family income and family size and may be
360360 5 based on other factors as appropriate. Co-payments may be
361361 6 waived for families whose incomes are at or below the federal
362362 7 poverty level.
363363 8 (d-5) The Illinois Department, in consultation with its
364364 9 Child Care and Development Advisory Council, shall develop a
365365 10 plan to revise the child care assistance program's co-payment
366366 11 scale. The plan shall be completed no later than February 1,
367367 12 2008, and shall include:
368368 13 (1) findings as to the percentage of income that the
369369 14 average American family spends on child care and the
370370 15 relative amounts that low-income families and the average
371371 16 American family spend on other necessities of life;
372372 17 (2) recommendations for revising the child care
373373 18 co-payment scale to assure that families receiving child
374374 19 care services from the Department are paying no more than
375375 20 they can reasonably afford;
376376 21 (3) recommendations for revising the child care
377377 22 co-payment scale to provide at-risk children with complete
378378 23 access to Preschool for All and Head Start; and
379379 24 (4) recommendations for changes in child care program
380380 25 policies that affect the affordability of child care.
381381 26 (e) (Blank).
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392392 1 (f) The Illinois Department shall, by rule, set rates to
393393 2 be paid for the various types of child care. Child care may be
394394 3 provided through one of the following methods:
395395 4 (1) arranging the child care through eligible
396396 5 providers by use of purchase of service contracts or
397397 6 vouchers;
398398 7 (2) arranging with other agencies and community
399399 8 volunteer groups for non-reimbursed child care;
400400 9 (3) (blank); or
401401 10 (4) adopting such other arrangements as the Department
402402 11 determines appropriate.
403403 12 (f-1) Within 30 days after June 4, 2018 (the effective
404404 13 date of Public Act 100-587), the Department of Human Services
405405 14 shall establish rates for child care providers that are no
406406 15 less than the rates in effect on January 1, 2018 increased by
407407 16 4.26%.
408408 17 (f-5) (Blank).
409409 18 (g) Families eligible for assistance under this Section
410410 19 shall be given the following options:
411411 20 (1) receiving a child care certificate issued by the
412412 21 Department or a subcontractor of the Department that may
413413 22 be used by the parents as payment for child care and
414414 23 development services only; or
415415 24 (2) if space is available, enrolling the child with a
416416 25 child care provider that has a purchase of service
417417 26 contract with the Department or a subcontractor of the
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428428 1 Department for the provision of child care and development
429429 2 services. The Department may identify particular priority
430430 3 populations for whom they may request special
431431 4 consideration by a provider with purchase of service
432432 5 contracts, provided that the providers shall be permitted
433433 6 to maintain a balance of clients in terms of household
434434 7 incomes and families and children with special needs, as
435435 8 defined by rule.
436436 9 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
437437 10 102-926, eff. 5-27-22; 103-8, eff. 6-7-23; 103-594, eff.
438438 11 6-25-24.)
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