2023 Illinois Compiled Statutes › Chapter 305 - PUBLIC AID › 305 ILCS 5/ - Illinois Public Aid Code. › Article IXA - Education, Training And Employment Program For Recipients Under Article IV

(305 ILCS 5/Art. IXA heading)
ARTICLE IXA.  
		EDUCATION, TRAINING AND
EMPLOYMENT PROGRAM FOR RECIPIENTS
UNDER ARTICLE IV
(305 ILCS 5/9A-1) (from Ch. 23, par. 9A-1)
Sec. 9A-1. 
		Declaration of Purpose. 
		It is the purpose of this Article
to provide recipients of public aid under Article IV
the education, training and employment
programs that will help them avoid long-term welfare dependence.
(Source: P.A. 86-1184; 86-1381.)
(305 ILCS 5/9A-2) (from Ch. 23, par. 9A-2)
Sec. 9A-2. 
		
		As used in this Article only, "recipient" means only those
persons receiving aid under Article IV.
(Source: P.A. 86-1184; 86-1381.)
(305 ILCS 5/9A-2a)
Sec. 9A-2a. Federal poverty level; definition. As used in this Article, "federal poverty level" means the poverty guidelines updated periodically in the Federal Register by the U.S. Department
of Health and Human Services under the authority of 42 U.S.C. 9902(2).
(Source: P.A. 102-491, eff. 8-20-21.)
(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
Sec. 9A-3. Establishment of Program and Level of Services.
(a) The Illinois Department shall establish and maintain a program to
provide recipients with services consistent with the purposes and
provisions of this Article.  The program offered in different counties of
the State may vary depending on the resources available to the State to
provide a program under this Article, and no program may be offered in some
counties, depending on the resources available.  Services may be provided
directly by the Illinois Department or through contract.  References to the
Illinois Department or staff of the
Illinois Department shall include contractors when the Illinois Department
has entered into contracts for these purposes.  The Illinois Department
shall provide each
recipient who participates with such services available under the program
as are necessary to achieve his employability plan as specified in the
plan.
(b) The Illinois Department, in operating the program, shall cooperate
with public and private education and vocational training or retraining
agencies or facilities, the Illinois State Board of Education, the Illinois
Community College Board, the Departments of Employment
Security and Commerce and Economic Opportunity or other sponsoring
organizations funded under the federal Workforce
Innovation and Opportunity Act 
and other public or licensed private employment agencies.
(Source: P.A. 100-477, eff. 9-8-17.)
(305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
Sec. 9A-4. Participation.
(a) Except for those exempted under subsection (b) below, and to the
extent resources permit, the Illinois Department as a condition of
eligibility for public aid, may, as provided by rule, require all
recipients to participate in an education, training, and employment
program, which shall include accepting suitable employment and refraining
from terminating employment or reducing earnings without good cause.
(b) Recipients shall be exempt from the requirement of
participation in the education, training, and employment program
in the following circumstances:
(1)
The recipient is a person over age 60; or
(2) The recipient is a person with a child under age     one.
Recipients are entitled  to request a reasonable modification to the requirement of participation in the education, training and employment program in order to accommodate a qualified individual with a disability as defined by the Americans with Disabilities Act. Requests for a reasonable modification shall be evaluated on a case-by-case functional basis by designated staff based on Department rule. All such requests shall be monitored as part of the agency's quality assurance process or processes to attest to the expediency with which such requests are addressed. Implementation of the changes made to this Section by this amendatory Act of the 94th General Assembly is subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)
(305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
Sec. 9A-5. 
		Exempt recipients.
(a) Exempt recipients under Section 9A-4 may volunteer to participate.
(b) Services will be offered to exempt and non-exempt individuals who
wish to volunteer to participate only to the extent resources permit.
(c) Exempt and
non-exempt individuals who volunteer to participate become program
participants upon completion of the initial assessment, development of the
employability plan, and assignment to a component.
An exempt individual who volunteers to participate may not be sanctioned for
not meeting program requirements.
(Source: P.A. 92-111, eff. 1-1-02; 93-598, eff. 8-26-03.)
(305 ILCS 5/9A-6) (from Ch. 23, par. 9A-6)
Sec. 9A-6. 
		(Repealed).
(Source: P.A. 86-1475.  Repealed by P.A. 90-17, eff. 7-1-97.)
(305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
Sec. 9A-7. Good cause and pre-sanction process.
(a) The Department shall establish by rule what constitutes good cause
for failure to participate in education, training and employment programs,
failure to accept suitable employment or terminating employment or reducing
earnings.
The Department shall establish, by rule, a pre-sanction process to assist
in resolving disputes over proposed sanctions and in determining if good cause
exists.
Good cause shall include, but not be limited to:
(1) temporary illness for its duration;
(2) court required appearance or temporary     incarceration;
(3) (blank);
(4) death in the family;
(5) (blank);
(6) (blank);
(7) (blank);
(8) (blank);
(9) extreme inclement weather;
(10) (blank);
(11) lack of any support service even though the     necessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation;
(12) if an individual is engaged in employment or     training or both that is consistent with the employment related goals of the program, if such employment and training is later approved by Department staff;
(13) (blank);
(14) failure of Department staff to correctly forward     the information to other Department staff;
(15) failure of the participant to cooperate because     of attendance at a test or a mandatory class or function at an educational program (including college), when an education or training program is officially approved by the Department;
(16) failure of the participant due to his or her     illiteracy;
(17) failure of the participant because it is     determined that he or she should be in a different activity;
(18) non-receipt by the participant of a notice     advising him or her of a participation requirement.  If the non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;
(19) (blank);
(20) non-comprehension of English, either written or     oral or both;
(21) (blank);
(22) (blank);
(23) child care (or day care for an incapacitated     individual living in the same home as a dependent child) is necessary for the participation or employment and such care is not available for a child under age 13;
(24) failure to participate in an activity due to a     scheduled job interview, medical appointment for the participant or a household member, or school appointment;
(25) if an individual or family is experiencing     homelessness; an individual or family is experiencing homelessness if the individual or family: (i) lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason; (ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations; (iii) is living in an emergency or transitional shelter; (iv) resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (v) is living in a car, park, public space, abandoned building, substandard housing, bus,  train station, or similar settings;
(26) circumstances beyond the control of the     participant which prevent the participant from completing program requirements;
(27) (blank);
(28) if an individual or family receives an eviction     notice;
(29) if an individual's or family's utilities are     disconnected;
(30) if an individual or family receives an utility     disconnection notice; or
(31) if an individual is exiting a publicly funded     institution or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution) without an option to move to a fixed, adequate night time residence.
(b) (Blank).
(c)(1) The Department shall establish a reconciliation procedure to
assist in resolving disputes related to any aspect of participation,
including exemptions, good cause, sanctions or proposed sanctions,
supportive services, assessments, responsibility and service
plans,
assignment to activities, suitability of employment, or
refusals of offers
of employment.
Through the reconciliation process the Department shall have a mechanism to
identify good cause, ensure that the client is aware of the issue, and enable
the client to perform required activities without facing sanction.
(2) A participant may request reconciliation and
receive notice in
writing of a meeting.   At least one face-to-face
meeting may be scheduled to
resolve misunderstandings or disagreements related to program participation
and situations which may lead to a potential sanction.  The meeting will
address the underlying reason for the dispute and plan a resolution to
enable the individual to participate in TANF employment and work activity
requirements.
(2.5) If the individual fails to appear at the reconciliation meeting
without good cause, the reconciliation is unsuccessful and a sanction shall be
imposed.
(3) The reconciliation process shall continue after
it is determined that
the individual did not have good cause for non-cooperation.  Any necessary
demonstration of cooperation on the part of the participant will be part of
the reconciliation process.  Failure to demonstrate cooperation will result in immediate
sanction.
(4) For the first instance of non-cooperation, if the client reaches
agreement to cooperate, the client shall be allowed 30 days to demonstrate
cooperation before any sanction activity may be imposed.  In any subsequent
instances of non-cooperation, the client shall be provided the opportunity to
show good cause or remedy the situation by immediately complying with the
requirement.
(5) The Department shall document in the case record the proceedings
of the reconciliation and provide the client in writing
with a reconciliation
agreement.
(6) If reconciliation resolves the dispute, no
sanction shall be imposed.
If the client fails to comply with the reconciliation agreement, the
Department shall then immediately impose the original sanction.
If the dispute cannot be resolved
during reconciliation, a sanction shall not be imposed
until the reconciliation process is complete.
(Source: P.A. 101-103, eff. 7-19-19.)
(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
Sec. 9A-8. Operation of program.
(a) At the time of application or redetermination of eligibility under
Article IV, as determined by rule, the Illinois Department shall provide
information in writing and orally regarding the education, training and
employment program to all applicants and recipients.  The information
required shall be established by rule and shall include, but need not be
limited to:
(1) education (including literacy training),     employment and training opportunities available, the criteria for approval of those opportunities, and the right to request changes in the personal responsibility and services plan to include those opportunities;
(1.1) a complete list of all activities that are     approvable activities, and the circumstances under which they are approvable, including work activities, substance use disorder or mental health treatment, activities to escape and prevent domestic violence, caring for a medically impaired family member, and any other approvable activities, together with the right to and procedures for amending the responsibility and services plan to include these activities;
(1.2) the  rules concerning the lifetime limit on     eligibility, including the current status of the applicant or recipient in terms of the months of remaining eligibility, the criteria under which a month will not count towards the lifetime limit, and the criteria under which a recipient may receive benefits beyond the end of the lifetime limit;
(2) supportive services including child care and the     rules regarding eligibility for and access to the child care assistance program, transportation, initial expenses of employment, job retention, books and fees, and any other supportive services;
(3) the obligation of the Department to provide     supportive services;
(4) the rights and responsibilities of participants,     including exemption, sanction, reconciliation, and good cause criteria and procedures, termination for non-cooperation and reinstatement rules and procedures, and appeal and grievance procedures; and
(5) the types and locations of child care services.
(b) The Illinois
Department shall notify the recipient in writing of the opportunity to
volunteer to participate in the program.
(c) (Blank).
(d) As part of the personal plan for achieving employment and
self-sufficiency, the Department shall conduct an individualized assessment
of
the
participant's employability.    No participant may be assigned to any
component of the education, training and employment activity
prior to such
assessment.  The plan shall
include collection of
information
on the individual's background, proficiencies, skills deficiencies,
education level, work history, employment goals, interests, aptitudes, and
employment preferences, as well as factors affecting employability or
ability to meet participation requirements (e.g., health, physical or
mental limitations, child care, family circumstances, domestic violence, sexual violence,
substance use disorders, and special needs of any child of the individual).   As part
of the plan,
individuals and Department staff shall work together to identify any
supportive service needs required to enable the client to participate and
meet the objectives of his or her employability plan. The
assessment may be conducted through various methods such as interviews,
testing, counseling, and self-assessment instruments.  In the
assessment process, the Department shall offer to include standard
literacy testing
and a determination of
English language proficiency and shall provide it for those who accept the
offer.
Based on the assessment,
the
individual will be assigned to the appropriate activity.  The
decision will be based on a determination of the individual's level of
preparation for employment as defined by rule.
(e) Recipients determined to be exempt may volunteer to participate
pursuant to Section 9A-4 and must be assessed.
(f) As part of the personal plan for achieving employment and
self-sufficiency under Section 4-1, an employability plan for recipients
shall be
developed in
consultation with the participant.  The Department shall have final
responsibility for approving the employability plan.  The employability
plan shall:
(1) contain an employment goal of the participant;
(2) describe the services to be provided by the     Department, including child care and other support services;
(3) describe the activities, such as component     assignment, that will be undertaken by the participant to achieve the employment goal. The Department shall treat participation in high school and high school equivalency programs as a core activity and count participation in high school and high school equivalency programs toward the first 20 hours per week of participation. The Department shall approve participation in high school or high school equivalency programs upon written or oral request of the participant if he or she has not already earned a high school diploma or a State of Illinois High School Diploma. However, participation in high school or high school equivalency programs may be delayed as part of an applicant's or recipient's personal plan for achieving employment and self-sufficiency if it is determined that the benefit from participating in another activity, such as, but not limited to, treatment for a substance use disorder or an  English proficiency program, would be greater to the applicant or recipient than participation in high school or a high school equivalency program. The availability of high school and high school equivalency programs may also delay enrollment in those programs. The Department shall treat such activities as a core activity as long as satisfactory progress is made, as determined by the high school or high school equivalency program. Proof of satisfactory progress shall be provided by the participant or the school at the end of each academic term; and
(4) describe any other needs of the family that might     be met by the Department.
(g) The employability plan shall take into account:
(1) available program resources;
(2) the participant's support service needs;
(3) the participant's skills level and aptitudes;
(4) local employment opportunities; and
(5) the preferences of the
participant.
(h) A reassessment shall be conducted to assess a participant's
progress and to review the employability plan on the following occasions:
(1) upon completion of an activity and before     assignment to an activity;
(2) upon the request of the participant;
(3) if the individual is not cooperating with the     requirements of the program; and
(4) if the individual has failed to make satisfactory     progress in an education or training program.
Based on the reassessment, the Department may revise the employability
plan of the participant.
(Source: P.A. 102-1100, eff. 1-1-23.)
(305 ILCS 5/9A-8.1)
Sec. 9A-8.1. 
		Improvement of information to applicants and recipients. 
		The
Illinois Department shall annually review
all procedures and written materials that it has in place for purposes of
compliance with subsection (a) of Section 9A-8 and
Section 11-20.1 requiring the Illinois Department to provide full and timely
information to applicants and recipients of aid under
Article IV of this Code about their opportunities, rights and responsibilities
under the Temporary Assistance for Needy Families
program and related programs.  As part of this annual review, the Illinois
Department shall provide copies of all procedures and
materials to the Family Self Sufficiency Advisory Council or any successor
advisory body containing a similar number and
assortment of advocates, providers, contractors, clients, and citizens.  The
Family Self Sufficiency Advisory Council or successor
advisory body shall review the existing procedures and materials in light of
program rules, recent changes in the law or rules, and
experience in the field, and it shall suggest changes to the Illinois
Department.  The Illinois Department shall produce new or
revised procedures and materials, or ratify the existing ones, for use
beginning each October 1.  If the Illinois Department rejects
changes suggested by the Family Self Sufficiency Advisory Council, it shall
explain the reasons in a written response.
(Source: P.A. 91-331, eff. 7-29-99.)
(305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
Sec. 9A-9. Program Activities. The Department shall establish
education, training and placement activities by rule.  Not all of the same
activities need be provided in each county in the State.  Such activities may
include the following:
(a) Education (Below post secondary).  In the Education (below post
secondary) activity, the individual receives
information, referral, counseling services and support services to
increase the individual's employment potential.  Participants may be
referred to testing, counseling and education resources.  Educational
activities will include basic and remedial education; English proficiency
classes; high school or its equivalency or alternative
education at the secondary level; and with any educational program,
structured study time to enhance successful participation.
An individual's participation in an education program such as literacy, basic
adult education, high school equivalency, or a remedial program shall be
limited to 2 years unless the individual also is working or participating in a
work activity approved by the Illinois Department as defined by rule; this
requirement does not apply, however, to students enrolled in high school.
(b) Job Skills Training (Vocational).  Job Skills Training is designed to
increase the individual's ability to obtain and maintain employment.  Job
Skills Training activities will include vocational skill classes designed
to increase a participant's ability to obtain and maintain employment.  Job
Skills Training may include certificate programs.
(c) Job Readiness.  The job readiness activity is designed to enhance
the quality of the individual's level of participation in the world of work
while learning the necessary essentials to obtain and maintain employment.
This activity helps individuals gain the necessary job finding skills to
help them find and retain employment that will lead to economic independence.
(d) Job Search.  Job Search may be conducted individually or in groups. Job
Search includes the provision of counseling, job seeking skills training and
information dissemination. Group job search may include training in a group
session.  Assignment exclusively to job search cannot be in excess of 8
consecutive weeks (or its equivalent) in any period of 12 consecutive months.
(e) Work Experience.  Work Experience assignments may be with private
employers or not-for-profit or public agencies in the State.  The Illinois
Department shall provide workers' compensation coverage.
Participants who are not members of a 2-parent assistance unit may not be
assigned more hours than their cash grant amount plus food stamps divided by
the minimum wage.  Private employers and not-for-profit and
public agencies shall not use Work Experience participants to displace
regular employees.  Participants
in Work Experience may perform work in the public interest (which otherwise
meets the requirements of this Section) for a federal office or agency with
its consent, and notwithstanding the provisions of 31 U.S.C. 1342, or any
other provision
of law, such agency may accept such services, but participants shall
not be considered federal employees for any purpose.
A participant shall be reassessed at the end of
assignment to Work Experience.  The participant may be reassigned to Work
Experience or assigned to another activity, based on the
reassessment.
(f) On the Job Training.  In On the Job Training, a participant is hired by
a private or public employer and while engaged in productive work receives
training that provides knowledge or skills essential to full and adequate
performance of the job.
(g) Work Supplementation.  In work supplementation, the Department pays a
wage subsidy to an employer who hires a participant.  The cash grant
which a participant would receive if not employed is diverted
and the diverted cash grant is used to pay the wage subsidy.
(h) Post Secondary Education.  Post secondary education must be administered
by an educational institution accredited under requirements of State law.
(i) Self Initiated Education.  Participants who are attending
an institution of higher education or a vocational or technical
program of their own choosing and who are in good standing, may continue to
attend and receive supportive services only if the educational program is
approved by the Department, and is in conformity with the participant's
personal plan for achieving employment and self-sufficiency and the participant
is employed part-time, as defined by the Illinois Department by rule.
(j) Job Development and Placement.  Department staff shall develop
through contacts with public and private employers unsubsidized job
openings for participants. Job interviews will be secured for clients by
the marketing of participants for specific job openings.  Job ready individuals
may be assigned to Job Development and Placement.
(k) Job Retention. The job retention component is designed to assist
participants in retaining employment.  Initial employment expenses and job
retention services are provided.  The individual's support service needs are
assessed and the individual receives counseling regarding job retention skills.
(l) (Blank).
(l-5) Transitional Jobs. These programs provide temporary wage-paying work
combined with case management and other social services designed to address
employment barriers. The wage-paying work is treated as regular employment for
all
purposes under this Code, and the additional activities, as determined by the
Transitional
Jobs provider, shall be countable work activities. The program must comply with
the
anti-displacement provisions of this Code governing the Work Experience
program.
(m) Pay-after-performance Program.  A parent may be required to
participate in a pay-after-performance program in which the parent must work a
specified number of hours to earn the grant.  The program shall comply with
provisions of this Code governing work experience programs.
(n) Community Service.  Community service includes unpaid work that the
client performs in his or her community, such as for a school, church,
government agency, or nonprofit organization.
(Source: P.A. 98-718, eff. 1-1-15.)
(305 ILCS 5/9A-9.5)
Sec. 9A-9.5. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-48, eff. 6-28-11.)
(305 ILCS 5/9A-10) (from Ch. 23, par. 9A-10)
Sec. 9A-10. 
		Support Services.
(a) The Illinois Department shall provide or pay for
child care and other support services, if otherwise unavailable, to
enable recipients to participate
in or prepare for education, training and employment programs authorized
under this Article.  The Illinois Department shall provide and pay for such
support services in accordance with procedures, standards and rates
established by rule.
(b) Support services may include:
(1) transportation;
(2) child care;
(3) job search allowance;
(4) initial employment expenses;
(5) required books, fees, supplies; and
(6) required physical examinations and medical     services.
(c) Participation shall
not be required if support services are needed for effective
participation but unavailable from the Department or some other reasonably
available source. Support services shall be made available to the participant
at no cost.
(Source: P.A. 86-1184; 86-1381; 87-860.)
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child care.
(a) The General Assembly recognizes that families with children need child
care in order to work.  Child care is expensive and families with limited access to economic resources,
including those who are transitioning from welfare to work, often struggle to
pay the costs of day care.  The
General Assembly understands the importance of helping working
families with limited access to economic resources become and remain self-sufficient.  The General Assembly also believes
that it is the responsibility of families to share in the costs of child care.
It is also the preference of the General Assembly that all working 
families with limited access to economic resources should be treated equally, regardless of their welfare status.
(b) To the extent resources permit, the Illinois Department shall provide
child care services to parents or other relatives as defined by rule who are
working or participating in employment or Department approved
education or training programs.  At a minimum, the Illinois Department shall
cover the following categories of families:
(1) recipients of TANF under Article IV participating     in work and training activities as specified in the personal plan for employment and self-sufficiency;
(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;
(5) working families with very low incomes as defined     by rule;
(6) families that are not recipients of TANF and that     need child care assistance to participate in education and training activities;
(7) youth in care, as defined in Section 4d of the     Children and Family Services Act, who are parents, regardless of income or whether they are working or participating in Department-approved employment or education or training programs. Any family that receives child care assistance in accordance with this paragraph shall receive one additional 12-month child care eligibility period after the parenting youth in care's case with the Department of Children and Family Services is closed, regardless of income or whether the parenting youth in care is working or participating in Department-approved employment or education or training programs;
(8) families receiving Extended Family Support     Program services from the Department of Children and Family Services, regardless of income or whether they are working or participating in Department-approved employment or education or training programs; and
(9) families with children under the age of 5 who     have an open intact family services case with the Department of Children and Family Services. Any family that receives child care assistance in accordance with this paragraph shall remain eligible for child care assistance 6 months after the child's intact family services case is closed, regardless of whether the child's parents or other relatives as defined by rule are working or participating in Department approved employment or education or training programs. The Department of Human Services, in consultation with the Department of Children and Family Services, shall adopt rules to protect the privacy of families who are the subject of an open intact family services case when such families enroll in child care services. Additional rules shall be adopted to offer children who have an open intact family services case the opportunity to receive an Early Intervention screening and other services that their families may be eligible for as provided by the Department of Human Services.
Beginning October 1, 2023, and every October 1 thereafter, the Department of Children and Family Services shall report to the General Assembly on the number of children who received child care via vouchers paid for by the Department of Children and Family Services during the preceding fiscal year. The report shall include the ages of children who received child care, the type of child care they received, and the number of months they received child care.
The Department shall specify by rule the conditions of eligibility, the
application process, and the types, amounts, and duration of services.
Eligibility for
child care benefits and the amount of child care provided may vary based on
family size, income,
and other factors as specified by rule.
The Department shall update the Child Care Assistance Program Eligibility Calculator posted on its website to include a question on whether a family is applying for child care assistance for the first time or is applying for a redetermination of eligibility.
A family's eligibility for child care services shall be redetermined no sooner than 12 months following the initial determination or most recent redetermination. During the 12-month periods, the family shall remain eligible for child care services regardless of (i) a change in family income, unless family income exceeds 85% of State median income, or (ii) a temporary change in the ongoing status of the parents or other relatives, as defined by rule, as working or attending a job training or educational program.
In determining income eligibility for child care benefits, the Department
annually, at the beginning of each fiscal year, shall
establish, by rule, one income threshold for each family size, in relation to
percentage of State median income for a family of that size, that makes
families with incomes below the specified threshold eligible for assistance
and families with incomes above the specified threshold ineligible for
assistance.  Through and including fiscal year 2007, the specified threshold must be no less than 50% of the
then-current State median income for each family size. Beginning in fiscal year 2008, the specified threshold must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in fiscal year 2019, the specified threshold for working families with very low incomes as defined by rule must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2022 through State fiscal year 2023, the specified
income threshold shall be no less than 200% of the
then-current federal poverty level for each family size. Beginning in State fiscal year 2024, the specified income threshold shall be no less than 225% of the then-current federal poverty level for each family size.
In determining eligibility for
assistance, the Department shall not give preference to any category of
recipients
or give preference to individuals based on their receipt of benefits under this
Code.
Nothing in this Section shall be
construed as conferring entitlement status to eligible families.
The Illinois
Department is authorized to lower income eligibility ceilings, raise parent
co-payments, create waiting lists, or take such other actions during a fiscal
year as are necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child care benefits.
These changes may be accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the limitation on the number
of emergency rules that may be adopted in a 24-month period shall not apply.
The Illinois Department may contract with other State agencies or child care
organizations for the administration of child care services.
(c) Payment shall be made for child care that otherwise meets the
requirements of this Section and applicable standards of State and local
law and regulation, including any requirements the Illinois Department
promulgates by rule in addition to the licensure
requirements
promulgated by the Department of Children and Family Services and Fire
Prevention and Safety requirements promulgated by the Office of the State
Fire Marshal, and is provided in any of the following:
(1) a child care center which is licensed or exempt     from licensure pursuant to Section 2.09 of the Child Care Act of 1969;
(2) a licensed child care home or home exempt from     licensing;
(3) a licensed group child care home;
(4) other types of child care, including child care     provided by relatives or persons living in the same home as the child, as determined by the Illinois Department by rule.
(c-5)
 Solely for the purposes of coverage under the Illinois Public Labor Relations Act, child and day care home providers, including licensed and license exempt, participating in the Department's child care assistance program shall be considered to be public employees and the State of Illinois shall be considered to be their employer as of January 1, 2006 (the effective date of Public Act 94-320), but not before.  The State shall engage in collective bargaining with an exclusive representative of child and day care home providers participating in the child care assistance program concerning their terms and conditions of employment that are within the State's control.  Nothing in this subsection shall be understood to limit the right of families receiving services defined in this Section to select child and day care home providers or supervise them within the limits of this Section.  The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits.  Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.
In according child and day care home providers and their selected representative rights under the Illinois Public Labor Relations Act, the State intends that the State action exemption to application of federal and State antitrust laws be fully available to the extent that their activities are authorized by Public Act 94-320.
(d) The Illinois Department shall establish, by rule, a co-payment scale that provides for cost sharing by families that receive
child care services, including parents whose only income is from
assistance under this Code.  The co-payment shall be based on family income and family size and may be based on other factors as appropriate.  Co-payments may be waived for families whose incomes are at or below the federal poverty level.
(d-5) The Illinois Department, in consultation with its Child Care and Development Advisory Council, shall develop a plan to revise the child care assistance program's co-payment scale. The plan shall be completed no later than February 1, 2008, and shall include:
(1) findings as to the percentage of income that the     average American family spends on child care and the relative amounts that low-income families and the average American family spend on other necessities of life;
(2) recommendations for revising the child care     co-payment scale to assure that families receiving child care services from the Department are paying no more than they can reasonably afford;
(3) recommendations for revising the child care     co-payment scale to provide at-risk children with complete access to Preschool for All and Head Start; and
(4) recommendations for changes in child care program     policies that affect the affordability of child care.
(e) (Blank).
(f) The Illinois Department shall, by rule, set rates to be paid for the
various types of child care. Child care may be provided through one of the
following methods:
(1) arranging the child care through eligible     providers by use of purchase of service contracts or vouchers;
(2) arranging with other agencies and community     volunteer groups for non-reimbursed child care;
(3) (blank); or
(4) adopting such other arrangements as the     Department determines appropriate.
(f-1) Within 30 days after June 4, 2018 (the effective date of Public Act 100-587), the Department of Human Services shall establish rates for child care providers that are no less than the rates in effect on January 1, 2018 increased by 4.26%.
(f-5) (Blank).
(g) Families eligible for assistance under this Section shall be given the
following options:
(1) receiving a child care certificate issued by the     Department or a subcontractor of the Department that may be used by the parents as payment for child care and development services only; or
(2) if space is available, enrolling the child with a     child care provider that has a purchase of service contract with the Department or a subcontractor of the Department for the provision of child care and development services. The Department may identify particular priority populations for whom they may request special consideration by a provider with purchase of service contracts, provided that the providers shall be permitted to maintain a balance of clients in terms of household incomes and families and children with special needs, as defined by rule.
(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.)
(305 ILCS 5/9A-11.5)
Sec. 9A-11.5. Investigate child care providers.
(a) Any child care provider receiving funds from the child care assistance program
under this Code who is not required to be licensed under the Child Care Act of
1969 shall, as a condition of eligibility to participate in the child care
assistance program under this Code, authorize in writing on a form prescribed
by the Department of Children and Family Services, periodic investigations of the
Central Register, as defined in the Abused and Neglected Child Reporting Act,
to ascertain if the child care provider has been determined to be a perpetrator
in an indicated report of child abuse or neglect. The Department of Children and Family Services shall conduct an investigation
of the Central Register at the request of the Department.
(b) Any child care provider, other than a relative of the child, receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, authorize in writing a State and Federal Bureau of Investigation fingerprint-based criminal history record check to determine if the child care provider has ever been convicted of a crime with respect to which the conviction has not been overturned and the criminal records have not been sealed or expunged.  Upon this authorization, the Department shall request and receive information and assistance from any federal or State governmental agency as part of the authorized criminal history record check.  The Illinois State Police shall provide information concerning any conviction that has not been overturned and with respect to which the criminal records have not been sealed or expunged, whether the conviction occurred before or on or after the effective date of this amendatory Act of the 96th General Assembly, of a child care provider upon the request of the Department when the request is made in the form and manner required by the Illinois State Police. The Illinois State Police shall charge a fee not to exceed the cost of processing the criminal history record check. The fee is to be deposited into the State Police Services Fund. Any information concerning convictions that have not been overturned and with respect to which the criminal records have not been sealed or expunged obtained by the Department is confidential and may not be transmitted (i) outside the Department except as required in this Section or (ii) to anyone within the Department except as needed for the purposes of determining participation in the child care assistance program. A copy of the criminal history record check obtained from the Illinois State Police shall be provided to the unlicensed child care provider.
(c) The Department shall
by rule set standards for determining when to disqualify an unlicensed child care provider for payment because (i) there is an indicated finding against the provider based on the results of the Central Register search or (ii) there is a disqualifying criminal charge pending against the provider or the provider has a disqualifying criminal conviction that has not been overturned and with respect to which the criminal records have not been expunged or sealed based on the results of the fingerprint-based Illinois State Police and Federal Bureau of Investigation criminal history record check. In determining whether to disqualify an unlicensed child care provider for payment under this subsection, the Department shall consider the nature and gravity of any offense or offenses; the time that has passed since the offense or offenses or the completion of the criminal sentence or both; and the relationship of the offense or offenses to the responsibilities of the child care provider.
(Source: P.A. 102-538, eff. 8-20-21.)
(305 ILCS 5/9A-12)
Sec. 9A-12. 
		(Repealed).
(Source: P.A. 89-641, eff. 8-9-96.  Repealed by P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/9A-13)
Sec. 9A-13. 
		Work activity; anti-displacement provisions.
(a) As used in this Section "work activity" means any workfare, earnfare,
pay-after-performance, work-off-the-grant, work experience, or other activity
under Section 9A-9 or any other Section of this
Code in which a
recipient of public assistance performs work for any employer as a condition of
receiving the public assistance, and the employer does not pay wages for the
work; or as any grant diversion, wage supplementation, or similar program in
which the public assistance grant is provided to the employer as a subsidy for
the wages of any recipient in its workforce.
(b) An employer may not utilize a work activity participant if such
utilization would result in:
(1) the displacement or partial displacement of     current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or
(2) the filling of a position that would otherwise be     a promotional opportunity for current employees; or
(3) the filling of a position created by or causing     termination, layoff, a hiring freeze, or a reduction in the workforce; or
(4) the placement of a participant in any established     unfilled vacancy; or
(5) the performance of work by a participant if there     is a strike, lockout, or other labor dispute in which the employer is engaged.
(c) An employer who wishes to utilize work activity participants shall,
at least 15 days prior to utilizing such participants, notify the
labor organization of the name, work location, and the duties to be performed
by the participant.
(d) The Department of Human Services shall establish a grievance procedure
for employees and labor organizations to utilize in the event of any alleged
violation of this Section.  Notwithstanding the above, a labor organization
may utilize the established grievance or arbitration procedure in its
collective bargaining agreement to contest violations of this Section.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/9A-14)
Sec. 9A-14. (Repealed).
(Source: P.A. 91-624, eff. 1-1-00. Repealed by P.A. 95-322, eff. 1-1-08.)
(305 ILCS 5/9A-15)
Sec. 9A-15. College education assistance; pilot program.
(a) Subject to appropriation, the Department of Human Services shall establish a pilot program to provide recipients of assistance under Article IV with additional assistance in obtaining a post-secondary education degree to the extent permitted by the federal law governing the Temporary Assistance for Needy Families Program. This assistance may include, but is not limited to, moneys for the payment of tuition, but the Department may not use any moneys appropriated for the Temporary Assistance for Needy Families Program (TANF) under Article IV to pay for tuition under the pilot program. In addition to criteria, standards, and procedures related to post-secondary education required by rules applicable to the TANF program, the Department shall provide that the time that a pilot program participant spends in post-secondary classes shall apply toward the time that the recipient is required to spend in education, placement, and training activities under this Article.
The Department shall define the pilot program by rule, including a determination of its duration and scope, the nature of the assistance to be provided, and the criteria, standards, and procedures for participation.
(b) The Department shall enter into an interagency agreement with the Illinois Student Assistance Commission for the administration of the pilot program.
(c) The Department shall evaluate the pilot program and report its findings and recommendations after 2 years of its operation to the Governor and the General Assembly, including proposed rules to modify or extend the pilot program beyond the scope and schedule upon which it was originally established.
(Source: P.A. 94-371, eff. 1-1-06; 95-331, eff. 8-21-07.)
(305 ILCS 5/9A-16)
Sec. 9A-16. Work activity; applicable minimum wage. The State or federal minimum wage, whichever is higher, shall be used to calculate the required number of hours of participation in any earnfare or pay-after-performance activity under Section 9A-9 or any other Section of this Code in which a recipient of public assistance performs work as a condition of receiving the public assistance and the recipient is not paid wages for the work.
(Source: P.A. 94-533, eff. 8-10-05; 95-331, eff. 8-21-07.)
(305 ILCS 5/9A-17)
Sec. 9A-17. Smart Start Child Care Program. Subject to appropriation, the Department of Human Services shall establish the Smart Start Child Care Program. The Smart Start Child Care Program shall focus on creating affordable child care, as well as increasing access to child care, for Illinois residents and  may include, but is not limited to, providing funding to increase preschool availability, providing funding for childcare workforce compensation or capital investments, and expanding funding for Early Childhood Access Consortium for Equity Scholarships. The Department shall establish program eligibility criteria, participation conditions, payment levels, and other program requirements by rule. The Department of Human Services may consult with the Capital Development Board, the Department of Commerce and Economic Opportunity, and the Illinois Housing Development Authority in the management and disbursement of funds for capital-related projects. The Capital Development Board, the Department of Commerce and Economic Opportunity, and the Illinois Housing Development Authority shall act in a consulting role only for the evaluation of applicants, scoring of applicants, or administration of the grant program.
(Source: P.A. 103-8, eff. 6-7-23.)