Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1782 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1782 Introduced 2/5/2025, by Sen. Rachel Ventura 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 administered by the Department of Human Services, expands the list of families eligible to receive child care assistance to include families that are not TANF recipients but require financial assistance so that a responsible adult within the household can forgo work and care for a newborn child for the child's first 12 weeks of life. Provides that eligibility for cash assistance under the new category is conditioned on the responsible adult being the parent or legal guardian of the newborn child and participating in a Department-approved training program in health, safety, and early childhood development for the entire 12 weeks the family receives assistance. Provides that families eligible for child care assistance under the new category shall receive weekly assistance payments in an amount equal to the full day rate applied to licensed child care providers who provide 17 to 24 hours of care per day; and shall have their child care assistance payment amount adjusted according to the number of newborn children receiving care, up to a maximum of 3 children. LRB104 10236 KTG 20310 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1782 Introduced 2/5/2025, by Sen. Rachel Ventura 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 administered by the Department of Human Services, expands the list of families eligible to receive child care assistance to include families that are not TANF recipients but require financial assistance so that a responsible adult within the household can forgo work and care for a newborn child for the child's first 12 weeks of life. Provides that eligibility for cash assistance under the new category is conditioned on the responsible adult being the parent or legal guardian of the newborn child and participating in a Department-approved training program in health, safety, and early childhood development for the entire 12 weeks the family receives assistance. Provides that families eligible for child care assistance under the new category shall receive weekly assistance payments in an amount equal to the full day rate applied to licensed child care providers who provide 17 to 24 hours of care per day; and shall have their child care assistance payment amount adjusted according to the number of newborn children receiving care, up to a maximum of 3 children. LRB104 10236 KTG 20310 b LRB104 10236 KTG 20310 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1782 Introduced 2/5/2025, by Sen. Rachel Ventura 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 administered by the Department of Human Services, expands the list of families eligible to receive child care assistance to include families that are not TANF recipients but require financial assistance so that a responsible adult within the household can forgo work and care for a newborn child for the child's first 12 weeks of life. Provides that eligibility for cash assistance under the new category is conditioned on the responsible adult being the parent or legal guardian of the newborn child and participating in a Department-approved training program in health, safety, and early childhood development for the entire 12 weeks the family receives assistance. Provides that families eligible for child care assistance under the new category shall receive weekly assistance payments in an amount equal to the full day rate applied to licensed child care providers who provide 17 to 24 hours of care per day; and shall have their child care assistance payment amount adjusted according to the number of newborn children receiving care, up to a maximum of 3 children.
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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 SB1782 Introduced 2/5/2025, by Sen. Rachel Ventura 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 administered by the Department of Human Services, expands the list of families eligible to receive child care assistance to include families that are not TANF recipients but require financial assistance so that a responsible adult within the household can forgo work and care for a newborn child for the child's first 12 weeks of life. Provides that eligibility for cash assistance under the new category is conditioned on the responsible adult being the parent or legal guardian of the newborn child and participating in a Department-approved training program in health, safety, and early childhood development for the entire 12 weeks the family receives assistance. Provides that families eligible for child care assistance under the new category shall receive weekly assistance payments in an amount equal to the full day rate applied to licensed child care providers who provide 17 to 24 hours of care per day; and shall have their child care assistance payment amount adjusted according to the number of newborn children receiving care, up to a maximum of 3 children.
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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) families that are not recipients of TANF but
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140140 1 require financial assistance so that a responsible adult
141141 2 within the household can forgo work and care for a newborn
142142 3 child for the child's first 12 weeks of life. To be
143143 4 eligible for child care assistance under this paragraph,
144144 5 the responsible adult must be the parent or legal guardian
145145 6 of the newborn child and must participate in a
146146 7 Department-approved training program for the entire 12
147147 8 weeks the family receives assistance. The Department shall
148148 9 determine, by rule, the components of the training program
149149 10 but at a minimum shall require training in health, safety,
150150 11 and early childhood development provided by Gateways
151151 12 Registry, Illinois i-learning courses, or Health and
152152 13 Safety-approved courses offered by Illinois Action for
153153 14 Children. Training requirements under this paragraph may
154154 15 be less intensive that what is required for child care
155155 16 providers under the child care assistance program.
156156 17 Families eligible for child care assistance under this
157157 18 paragraph shall receive weekly assistance payments in an
158158 19 amount equal to the full day rate applied to licensed
159159 20 child care providers who provide 17 to 24 hours of care per
160160 21 day. A family's weekly child care assistance payment
161161 22 amount shall be adjusted according to the number of
162162 23 newborn children receiving care, up to a maximum of 3
163163 24 children.
164164 25 Beginning October 1, 2027, and every October 1 thereafter,
165165 26 the Department of Children and Family Services shall report to
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176176 1 the General Assembly on the number of children who received
177177 2 child care via vouchers paid for by the Department of Early
178178 3 Childhood during the preceding fiscal year. The report shall
179179 4 include the ages of children who received child care, the type
180180 5 of child care they received, and the number of months they
181181 6 received child care.
182182 7 The Department shall specify by rule the conditions of
183183 8 eligibility, the application process, and the types, amounts,
184184 9 and duration of services. Eligibility for child care benefits
185185 10 and the amount of child care provided may vary based on family
186186 11 size, income, and other factors as specified by rule.
187187 12 The Department shall update the Child Care Assistance
188188 13 Program Eligibility Calculator posted on its website to
189189 14 include a question on whether a family is applying for child
190190 15 care assistance for the first time or is applying for a
191191 16 redetermination of eligibility.
192192 17 A family's eligibility for child care services shall be
193193 18 redetermined no sooner than 12 months following the initial
194194 19 determination or most recent redetermination. During the
195195 20 12-month periods, the family shall remain eligible for child
196196 21 care services regardless of (i) a change in family income,
197197 22 unless family income exceeds 85% of State median income, or
198198 23 (ii) a temporary change in the ongoing status of the parents or
199199 24 other relatives, as defined by rule, as working or attending a
200200 25 job training or educational program.
201201 26 In determining income eligibility for child care benefits,
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212212 1 the Department annually, at the beginning of each fiscal year,
213213 2 shall establish, by rule, one income threshold for each family
214214 3 size, in relation to percentage of State median income for a
215215 4 family of that size, that makes families with incomes below
216216 5 the specified threshold eligible for assistance and families
217217 6 with incomes above the specified threshold ineligible for
218218 7 assistance. Through and including fiscal year 2007, the
219219 8 specified threshold must be no less than 50% of the
220220 9 then-current State median income for each family size.
221221 10 Beginning in fiscal year 2008, the specified threshold must be
222222 11 no less than 185% of the then-current federal poverty level
223223 12 for each family size. Notwithstanding any other provision of
224224 13 law or administrative rule to the contrary, beginning in
225225 14 fiscal year 2019, the specified threshold for working families
226226 15 with very low incomes as defined by rule must be no less than
227227 16 185% of the then-current federal poverty level for each family
228228 17 size. Notwithstanding any other provision of law or
229229 18 administrative rule to the contrary, beginning in State fiscal
230230 19 year 2022 through State fiscal year 2023, the specified income
231231 20 threshold shall be no less than 200% of the then-current
232232 21 federal poverty level for each family size. Beginning in State
233233 22 fiscal year 2024, the specified income threshold shall be no
234234 23 less than 225% of the then-current federal poverty level for
235235 24 each family size.
236236 25 In determining eligibility for assistance, the Department
237237 26 shall not give preference to any category of recipients or
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248248 1 give preference to individuals based on their receipt of
249249 2 benefits under this Code.
250250 3 Nothing in this Section shall be construed as conferring
251251 4 entitlement status to eligible families.
252252 5 The Illinois Department is authorized to lower income
253253 6 eligibility ceilings, raise parent co-payments, create waiting
254254 7 lists, or take such other actions during a fiscal year as are
255255 8 necessary to ensure that child care benefits paid under this
256256 9 Article do not exceed the amounts appropriated for those child
257257 10 care benefits. These changes may be accomplished by emergency
258258 11 rule under Section 5-45 of the Illinois Administrative
259259 12 Procedure Act, except that the limitation on the number of
260260 13 emergency rules that may be adopted in a 24-month period shall
261261 14 not apply.
262262 15 The Illinois Department may contract with other State
263263 16 agencies or child care organizations for the administration of
264264 17 child care services.
265265 18 (c) Payment shall be made for child care that otherwise
266266 19 meets the requirements of this Section and applicable
267267 20 standards of State and local law and regulation, including any
268268 21 requirements the Illinois Department promulgates by rule.
269269 22 Through June 30, 2026, the rules of this Section include
270270 23 licensure requirements adopted by the Department of Children
271271 24 and Family Services. On and after July 1, 2026, the rules of
272272 25 this Section include licensure requirements adopted by the
273273 26 Department of Early Childhood. In addition, the regulations of
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284284 1 this Section include the Fire Prevention and Safety
285285 2 requirements promulgated by the Office of the State Fire
286286 3 Marshal, and is provided in any of the following:
287287 4 (1) a child care center which is licensed or exempt
288288 5 from licensure pursuant to Section 2.09 of the Child Care
289289 6 Act of 1969;
290290 7 (2) a licensed child care home or home exempt from
291291 8 licensing;
292292 9 (3) a licensed group child care home;
293293 10 (4) other types of child care, including child care
294294 11 provided by relatives or persons living in the same home
295295 12 as the child, as determined by the Illinois Department by
296296 13 rule.
297297 14 (c-5) Solely for the purposes of coverage under the
298298 15 Illinois Public Labor Relations Act, child and day care home
299299 16 providers, including licensed and license exempt,
300300 17 participating in the Department's child care assistance
301301 18 program shall be considered to be public employees and the
302302 19 State of Illinois shall be considered to be their employer as
303303 20 of January 1, 2006 (the effective date of Public Act 94-320),
304304 21 but not before. The State shall engage in collective
305305 22 bargaining with an exclusive representative of child and day
306306 23 care home providers participating in the child care assistance
307307 24 program concerning their terms and conditions of employment
308308 25 that are within the State's control. Nothing in this
309309 26 subsection shall be understood to limit the right of families
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320320 1 receiving services defined in this Section to select child and
321321 2 day care home providers or supervise them within the limits of
322322 3 this Section. The State shall not be considered to be the
323323 4 employer of child and day care home providers for any purposes
324324 5 not specifically provided in Public Act 94-320, including, but
325325 6 not limited to, purposes of vicarious liability in tort and
326326 7 purposes of statutory retirement or health insurance benefits.
327327 8 Child and day care home providers shall not be covered by the
328328 9 State Employees Group Insurance Act of 1971.
329329 10 In according child and day care home providers and their
330330 11 selected representative rights under the Illinois Public Labor
331331 12 Relations Act, the State intends that the State action
332332 13 exemption to application of federal and State antitrust laws
333333 14 be fully available to the extent that their activities are
334334 15 authorized by Public Act 94-320.
335335 16 (d) The Illinois Department shall establish, by rule, a
336336 17 co-payment scale that provides for cost sharing by families
337337 18 that receive child care services, including parents whose only
338338 19 income is from assistance under this Code. The co-payment
339339 20 shall be based on family income and family size and may be
340340 21 based on other factors as appropriate. Co-payments may be
341341 22 waived for families whose incomes are at or below the federal
342342 23 poverty level.
343343 24 (d-5) The Illinois Department, in consultation with its
344344 25 Child Care and Development Advisory Council, shall develop a
345345 26 plan to revise the child care assistance program's co-payment
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356356 1 scale. The plan shall be completed no later than February 1,
357357 2 2008, and shall include:
358358 3 (1) findings as to the percentage of income that the
359359 4 average American family spends on child care and the
360360 5 relative amounts that low-income families and the average
361361 6 American family spend on other necessities of life;
362362 7 (2) recommendations for revising the child care
363363 8 co-payment scale to assure that families receiving child
364364 9 care services from the Department are paying no more than
365365 10 they can reasonably afford;
366366 11 (3) recommendations for revising the child care
367367 12 co-payment scale to provide at-risk children with complete
368368 13 access to Preschool for All and Head Start; and
369369 14 (4) recommendations for changes in child care program
370370 15 policies that affect the affordability of child care.
371371 16 (e) (Blank).
372372 17 (f) The Illinois Department shall, by rule, set rates to
373373 18 be paid for the various types of child care. Child care may be
374374 19 provided through one of the following methods:
375375 20 (1) arranging the child care through eligible
376376 21 providers by use of purchase of service contracts or
377377 22 vouchers;
378378 23 (2) arranging with other agencies and community
379379 24 volunteer groups for non-reimbursed child care;
380380 25 (3) (blank); or
381381 26 (4) adopting such other arrangements as the Department
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392392 1 determines appropriate.
393393 2 (f-1) Within 30 days after June 4, 2018 (the effective
394394 3 date of Public Act 100-587), the Department of Human Services
395395 4 shall establish rates for child care providers that are no
396396 5 less than the rates in effect on January 1, 2018 increased by
397397 6 4.26%.
398398 7 (f-5) (Blank).
399399 8 (g) Families eligible for assistance under this Section
400400 9 shall be given the following options:
401401 10 (1) receiving a child care certificate issued by the
402402 11 Department or a subcontractor of the Department that may
403403 12 be used by the parents as payment for child care and
404404 13 development services only; or
405405 14 (2) if space is available, enrolling the child with a
406406 15 child care provider that has a purchase of service
407407 16 contract with the Department or a subcontractor of the
408408 17 Department for the provision of child care and development
409409 18 services. The Department may identify particular priority
410410 19 populations for whom they may request special
411411 20 consideration by a provider with purchase of service
412412 21 contracts, provided that the providers shall be permitted
413413 22 to maintain a balance of clients in terms of household
414414 23 incomes and families and children with special needs, as
415415 24 defined by rule.
416416 25 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
417417 26 102-926, eff. 5-27-22; 103-8, eff. 6-7-23; 103-594, eff.
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