103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4432
 
Introduced , by Rep. Harry Benton
 
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, provides that beginning in State fiscal year 2025, the specified income threshold shall be no less than 400% of the then current federal poverty level for each family size. Effective July 1, 2024.


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A BILL FOR
 
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1 AN ACT concerning public aid.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Illinois Public Aid Code is amended by 
5changing Section 9A-11 as follows:

6 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
7 Sec. 9A-11. Child care. 
8 (a) The General Assembly recognizes that families with 
9children need child care in order to work. Child care is 
10expensive and families with limited access to economic 
11resources, including those who are transitioning from welfare 
12to work, often struggle to pay the costs of day care. The 
13General Assembly understands the importance of helping working 
14families with limited access to economic resources become and 
15remain self-sufficient. The General Assembly also believes 
16that it is the responsibility of families to share in the costs 
17of child care. It is also the preference of the General 
18Assembly that all working families with limited access to 
19economic resources should be treated equally, regardless of 
20their welfare status.
21 (b) To the extent resources permit, the Illinois 
22Department shall provide child care services to parents or 
23other relatives as defined by rule who are working or 
 
 
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1participating in employment or Department approved education 
2or training programs. At a minimum, the Illinois Department 
3shall cover the following categories of families:
4  (1) recipients of TANF under Article IV participating 
5 in work and training activities as specified in the 
6 personal plan for employment and self-sufficiency;
7  (2) families transitioning from TANF to work;
8  (3) families at risk of becoming recipients of TANF;
9  (4) families with special needs as defined by rule;
10  (5) working families with very low incomes as defined 
11 by rule;
12  (6) families that are not recipients of TANF and that 
13 need child care assistance to participate in education and 
14 training activities; 
15  (7) youth in care, as defined in Section 4d of the 
16 Children and Family Services Act, who are parents, 
17 regardless of income or whether they are working or 
18 participating in Department-approved employment or 
19 education or training programs. Any family that receives 
20 child care assistance in accordance with this paragraph 
21 shall receive one additional 12-month child care 
22 eligibility period after the parenting youth in care's 
23 case with the Department of Children and Family Services 
24 is closed, regardless of income or whether the parenting 
25 youth in care is working or participating in 
26 Department-approved employment or education or training 
 
 
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1 programs;
2  (8) families receiving Extended Family Support Program 
3 services from the Department of Children and Family 
4 Services, regardless of income or whether they are working 
5 or participating in Department-approved employment or 
6 education or training programs; and
7  (9) families with children under the age of 5 who have 
8 an open intact family services case with the Department of 
9 Children and Family Services. Any family that receives 
10 child care assistance in accordance with this paragraph 
11 shall remain eligible for child care assistance 6 months 
12 after the child's intact family services case is closed, 
13 regardless of whether the child's parents or other 
14 relatives as defined by rule are working or participating 
15 in Department approved employment or education or training 
16 programs. The Department of Human Services, in 
17 consultation with the Department of Children and Family 
18 Services, shall adopt rules to protect the privacy of 
19 families who are the subject of an open intact family 
20 services case when such families enroll in child care 
21 services. Additional rules shall be adopted to offer 
22 children who have an open intact family services case the 
23 opportunity to receive an Early Intervention screening and 
24 other services that their families may be eligible for as 
25 provided by the Department of Human Services. 
26 Beginning October 1, 2023, and every October 1 thereafter, 
 
 
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1the Department of Children and Family Services shall report to 
2the General Assembly on the number of children who received 
3child care via vouchers paid for by the Department of Children 
4and Family Services during the preceding fiscal year. The 
5report shall include the ages of children who received child 
6care, the type of child care they received, and the number of 
7months they received child care. 
8 The Department shall specify by rule the conditions of 
9eligibility, the application process, and the types, amounts, 
10and duration of services. Eligibility for child care benefits 
11and the amount of child care provided may vary based on family 
12size, income, and other factors as specified by rule.
13 The Department shall update the Child Care Assistance 
14Program Eligibility Calculator posted on its website to 
15include a question on whether a family is applying for child 
16care assistance for the first time or is applying for a 
17redetermination of eligibility. 
18 A family's eligibility for child care services shall be 
19redetermined no sooner than 12 months following the initial 
20determination or most recent redetermination. During the 
2112-month periods, the family shall remain eligible for child 
22care services regardless of (i) a change in family income, 
23unless family income exceeds 85% of State median income, or 
24(ii) a temporary change in the ongoing status of the parents or 
25other relatives, as defined by rule, as working or attending a 
26job training or educational program. 
 
 
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1 In determining income eligibility for child care benefits, 
2the Department annually, at the beginning of each fiscal year, 
3shall establish, by rule, one income threshold for each family 
4size, in relation to percentage of State median income for a 
5family of that size, that makes families with incomes below 
6the specified threshold eligible for assistance and families 
7with incomes above the specified threshold ineligible for 
8assistance. Through and including fiscal year 2007, the 
9specified threshold must be no less than 50% of the 
10then-current State median income for each family size. 
11Beginning in fiscal year 2008, the specified threshold must be 
12no less than 185% of the then-current federal poverty level 
13for each family size. Notwithstanding any other provision of 
14law or administrative rule to the contrary, beginning in 
15fiscal year 2019, the specified threshold for working families 
16with very low incomes as defined by rule must be no less than 
17185% of the then-current federal poverty level for each family 
18size. Notwithstanding any other provision of law or 
19administrative rule to the contrary, beginning in State fiscal 
20year 2022 through State fiscal year 2023, the specified income 
21threshold shall be no less than 200% of the then-current 
22federal poverty level for each family size. In Beginning in 
23State fiscal year 2024, the specified income threshold shall 
24be no less than 225% of the then-current federal poverty level 
25for each family size. Beginning in State fiscal year 2025, the 
26specified income threshold shall be no less than 400% of the 
 
 
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1then-current federal poverty level for each family size. 
2 In determining eligibility for assistance, the Department 
3shall not give preference to any category of recipients or 
4give preference to individuals based on their receipt of 
5benefits under this Code.
6 Nothing in this Section shall be construed as conferring 
7entitlement status to eligible families.
8 The Illinois Department is authorized to lower income 
9eligibility ceilings, raise parent co-payments, create waiting 
10lists, or take such other actions during a fiscal year as are 
11necessary to ensure that child care benefits paid under this 
12Article do not exceed the amounts appropriated for those child 
13care benefits. These changes may be accomplished by emergency 
14rule under Section 5-45 of the Illinois Administrative 
15Procedure Act, except that the limitation on the number of 
16emergency rules that may be adopted in a 24-month period shall 
17not apply.
18 The Illinois Department may contract with other State 
19agencies or child care organizations for the administration of 
20child care services.
21 (c) Payment shall be made for child care that otherwise 
22meets the requirements of this Section and applicable 
23standards of State and local law and regulation, including any 
24requirements the Illinois Department promulgates by rule in 
25addition to the licensure requirements promulgated by the 
26Department of Children and Family Services and Fire Prevention 
 
 
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1and Safety requirements promulgated by the Office of the State 
2Fire Marshal, and is provided in any of the following:
3  (1) a child care center which is licensed or exempt 
4 from licensure pursuant to Section 2.09 of the Child Care 
5 Act of 1969;
6  (2) a licensed child care home or home exempt from 
7 licensing;
8  (3) a licensed group child care home;
9  (4) other types of child care, including child care 
10 provided by relatives or persons living in the same home 
11 as the child, as determined by the Illinois Department by 
12 rule.
13 (c-5) Solely for the purposes of coverage under the 
14Illinois Public Labor Relations Act, child and day care home 
15providers, including licensed and license exempt, 
16participating in the Department's child care assistance 
17program shall be considered to be public employees and the 
18State of Illinois shall be considered to be their employer as 
19of January 1, 2006 (the effective date of Public Act 94-320), 
20but not before. The State shall engage in collective 
21bargaining with an exclusive representative of child and day 
22care home providers participating in the child care assistance 
23program concerning their terms and conditions of employment 
24that are within the State's control. Nothing in this 
25subsection shall be understood to limit the right of families 
26receiving services defined in this Section to select child and 
 
 
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1day care home providers or supervise them within the limits of 
2this Section. The State shall not be considered to be the 
3employer of child and day care home providers for any purposes 
4not specifically provided in Public Act 94-320, including, but 
5not limited to, purposes of vicarious liability in tort and 
6purposes of statutory retirement or health insurance benefits. 
7Child and day care home providers shall not be covered by the 
8State Employees Group Insurance Act of 1971.
9 In according child and day care home providers and their 
10selected representative rights under the Illinois Public Labor 
11Relations Act, the State intends that the State action 
12exemption to application of federal and State antitrust laws 
13be fully available to the extent that their activities are 
14authorized by Public Act 94-320. 
15 (d) The Illinois Department shall establish, by rule, a 
16co-payment scale that provides for cost sharing by families 
17that receive child care services, including parents whose only 
18income is from assistance under this Code. The co-payment 
19shall be based on family income and family size and may be 
20based on other factors as appropriate. Co-payments may be 
21waived for families whose incomes are at or below the federal 
22poverty level.
23 (d-5) The Illinois Department, in consultation with its 
24Child Care and Development Advisory Council, shall develop a 
25plan to revise the child care assistance program's co-payment 
26scale. The plan shall be completed no later than February 1, 
 
 
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12008, and shall include:
2  (1) findings as to the percentage of income that the 
3 average American family spends on child care and the 
4 relative amounts that low-income families and the average 
5 American family spend on other necessities of life; 
6  (2) recommendations for revising the child care 
7 co-payment scale to assure that families receiving child 
8 care services from the Department are paying no more than 
9 they can reasonably afford;
10  (3) recommendations for revising the child care 
11 co-payment scale to provide at-risk children with complete 
12 access to Preschool for All and Head Start; and
13  (4) recommendations for changes in child care program 
14 policies that affect the affordability of child care. 
15 (e) (Blank).
16 (f) The Illinois Department shall, by rule, set rates to 
17be paid for the various types of child care. Child care may be 
18provided through one of the following methods:
19  (1) arranging the child care through eligible 
20 providers by use of purchase of service contracts or 
21 vouchers;
22  (2) arranging with other agencies and community 
23 volunteer groups for non-reimbursed child care;
24  (3) (blank); or
25  (4) adopting such other arrangements as the Department 
26 determines appropriate.
 
 
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1 (f-1) Within 30 days after June 4, 2018 (the effective 
2date of Public Act 100-587), the Department of Human Services 
3shall establish rates for child care providers that are no 
4less than the rates in effect on January 1, 2018 increased by 
54.26%. 
6 (f-5) (Blank).
7 (g) Families eligible for assistance under this Section 
8shall be given the following options:
9  (1) receiving a child care certificate issued by the 
10 Department or a subcontractor of the Department that may 
11 be used by the parents as payment for child care and 
12 development services only; or
13  (2) if space is available, enrolling the child with a 
14 child care provider that has a purchase of service 
15 contract with the Department or a subcontractor of the 
16 Department for the provision of child care and development 
17 services. The Department may identify particular priority 
18 populations for whom they may request special 
19 consideration by a provider with purchase of service 
20 contracts, provided that the providers shall be permitted 
21 to maintain a balance of clients in terms of household 
22 incomes and families and children with special needs, as 
23 defined by rule.
24(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 
25102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)

26 Section 99. Effective date. This Act takes effect July 1, 
 
 
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