Ill. Admin. Code tit. 89 § 50.230
Current through Register Vol. 48, No. 45, November 8, 2024
Section 50.230 - [Effective until 11/28/2024] Child Care Eligibilitya) To the extent resources permit, it is the intent of the Department to provide child care services to all applicants that meet the eligibility requirements set forth in this Section. If it is necessary to limit participation to stay within the amounts appropriated or resources available to the Department for child care services, participation will be limited to the priority service groups specified in subsection (c)(6) and that limitation in participation shall remain until such time as sufficient resources are available to serve all eligible applicants.b) To be eligible for child care services, a child shall at the time of eligibility determination or redetermination:1) be under 13 years of age (if a child turns 13 years old during the eligibility period, that child shall remain eligible for CCAP for the remainder of the eligibility period); or2) be under age 19 and under court supervision or have physical, developmental, or intellectual disabilities as documented by a statement from a local health provider or other health professional.c) Parents and other relatives eligible to receive child care services include: 1) Clients who receive Temporary Assistance for Needy Families (TANF) under Article IV of the Public Aid Code participating in work and/or training-related activities as specified in their Responsibility and Service Plan (RSP) (see 89 Ill. Adm. Code 112.74) as approved by the Department's TANF case worker.2) Parents or other relatives who request a 3-month period to establish an eligible employment or education activity (allowed once every 12 months).3) Parenting youth in care, as defined in Section 4d of the Children and Family Services Act [20 ILCS 505], 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 subsection (c)(3) 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.4) 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.5) Working families, including teen parents enrolled full-time in elementary or high school or high school equivalency classes to obtain a high school diploma or its equivalent, whose monthly incomes do not exceed the following amounts by family size at the time of initial program application: Family Size | Gross Monthly Base Income |
2 | $3,833 |
3 | $4,841 |
4 | $5,850 |
5 | $6,859 |
6 | $7,868 |
7 | $8,876 |
8 | $9,885 |
9 | $10,894 |
10 | $11,493 |
The above income guidelines will be indexed annually so that the thresholds are no less than 185% of the most current Federal Poverty Level (FPL) for each family size.
6) At the end of each eligibility period, families must fall into the following income guidelines to remain eligible for another 12-month eligibility period: Family Size | Gross Monthly Base Income |
2 | $4,684 |
3 | $5,917 |
4 | $7,150 |
5 | $8,383 |
6 | $9,616 |
7 | $10,775 |
8 | $11,014 |
9 | $11,254 |
10 | $11,493 |
These income guidelines will be indexed annually so that the thresholds are no less than 185% of the most current FPL for each family size.
7) Any time a family's countable income exceeds 85% of the State Median Income (SMI), the case will be canceled 10 calendar days after the date the termination notice was sent to the family and providers. Family Size | Gross Monthly Base Income |
2 | $5,427 |
3 | $6,704 |
4 | $7,981 |
5 | $9,258 |
6 | $10,535 |
7 | $10,775 |
8 | $11,014 |
9 | $11,254 |
10 | $11,493 |
These income guidelines will be indexed annually so that the thresholds are no less and no more than 85% of the most current SMI level for each family size.
8) If the countable income for a family is between 275% FPL and 85% SMI at the end of an eligibility period, and all other eligibility factors are met, the family will be eligible for a 90-day graduated phase-out period that begins the first day of the new eligibility period. If the family requests child care assistance at any time after the graduated phase-out period, the request must be treated as a new application and the family must have family income below 225% of FPL to qualify.9) Families who do not receive TANF and need child care services in order to attend school or training (up to and including the acquisition of the first Bachelor's Degree), including web-based courses or correspondence learning from an accredited university, whose monthly income does not exceed the monthly income ceilings in subsection (c)(2). Clients can be approved for education/training activities that will lead to multiple certificates within a designated career path (e.g., from Certified Nursing Assistant to Licensed Practical Nurse) or Associate Degrees, but only the first Bachelor's Degree. Clients may also be approved for additional vocational certificate programs if they are beginning a new career path in a new field or if classes are required to remain certified in their current employment. Child care services approved under this Part must be reasonably related to the education or training activity, including class hours and research, study, laboratory, library and transportation time, and unpaid educationally required work activities such as student teaching, an internship, a clinical, a practicum or an apprenticeship. Teen parents enrolled full-time in elementary or high school or high school equivalency classes will be eligible for full-time, full-year child care, including summers, when using a licensed child care provider, up to and including a three-month period after graduation, in order to secure employment or to prepare for higher education. If a parent is claimed as a dependent by another person for federal income tax purposes, that parent is only eligible if his or her income, when added to the income of the other person, does not exceed the monthly income ceiling in subsection (c)(2) for that family size. All education programs under this Part must be administered by an educational institution accredited under requirements of State law, including, but not limited to, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 [225 ILCS 410], the Real Estate Act of 2000 [225 ILCS 454], the Public Community College Act [110 ILCS 805], the University of Illinois Act [110 ILCS 305], the Chicago State University Law [110 ILCS 660], the Eastern Illinois University Law [110 ILCS 665], the Governors State University Law [110 ILCS 670], the Illinois State University Law [110 ILCS 675], the Northeastern Illinois University Law [110 ILCS 680], the Northern Illinois University Law [110 ILCS 685], the Western Illinois University Law [110 ILCS 690], or the Department of Financial and Professional Regulation. Social service agencies that provide recognized English as a Second Language (ESL) and other adult education courses and programs are not required to hold or maintain any separate type of accreditation, as long as the program they offer is supported by an accredited institution.A) Below Post-Secondary Education Eligibility and Participation Requirements This category of education includes literacy and other adult basic education, English as a Second Language, and high school equivalency examination preparation programs. Clients/applicants who have already earned a vocational certificate are still eligible for below post-secondary education activities if they have not already earned a high school diploma or high school equivalency certificate.
i) There is no work requirement for the first 24 non-consecutive months the client participates. Families eligible to receive child care services while they attend an education or training program under this Section must not already possess a Bachelor's, Master's or Doctorate Degree.ii) From the 25th month on, the client must work at least 20 hours per week. Child care provided to a teen parent to obtain a high school diploma or its equivalent does not count against this 24-month limit. Individuals enrolled in below post-secondary education must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress. The client will be allowed one eligibility period below a "C" average to bring the grades up to a "C" average. When grades are not used, progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term. The determination of satisfactory progress must be reported upon completion of each eligibility period.B) Vocational Education Eligibility and Participation Requirements Programs in this category of education may be offered by a public community college, public or private university, or private business/technical school. i) The program usually results in the receipt of a Certificate of Achievement or Completion and/or prepares the client for a specific job or to obtain a license required by some occupations. Families eligible to receive child care services while they attend an education or training program under this Section must not already possess a Bachelor's, Master's or Doctorate Degree. Clients/applicants may be approved for multiple vocational certificate programs if they are within a designated career path (e.g., from Certified Nursing Assistant to Licensed Practical Nurse) or are beginning a new career path in a new field, or if classes are required to remain certified in their current employment.ii) There is no work requirement for the first 24 non-consecutive months the client participates. From the 25th month on, the client must work at least 20 hours per week. Individuals enrolled in vocational education must maintain a "C" average if this measurement is used by the institution to determine satisfactory progress. The client will be allowed one eligibility period below a "C" average to bring the grades up to a "C" average. When grades are not used, progress will be determined by the written policy of the institution to establish a comparable grade level upon completion of the academic term. The determination of satisfactory progress must be reported upon completion of each eligibility period.C) Post-Secondary Educationi) This category of education includes all undergraduate college level courses that could result in an Associate or the client's first Bachelor's Degree. Families eligible to receive child care services while they attend an education or training program under this Section must: * be enrolled in a program accredited under requirements of State law as stated in subsection (c)(3).
* not already have a Bachelor's, Master's or Doctorate Degree, if requesting child care to earn an Associate Degree. Child care will not be approved for attainment of a second Associate Degree.
* not be in an, or have completed an, advanced degree program (beyond a Bachelor's Degree). Child care will not be approved for education beyond the attainment of a Bachelor's Degree.
ii) There is no work requirement for the first 48 non-consecutive months the client participates. From the 49th month on, the client must work at least 20 hours per week. Clients who do not work and who need child care to attend college must maintain a 2.5 grade point average (GPA) (on a 4.0 scale) if this measurement is used by the institution to determine satisfactory progress. Clients who work 20 hours or more per week in paid employment while they attend college must maintain a 2.0 GPA (on a 4.0 scale). In the absence of a GPA, satisfactory progress will be determined by the written policy of the institution. The determination of satisfactory progress, including test/retest results or GPA, must be reported upon completion of each eligibility period. If the client's GPA falls below 2.5 or 2.0 for those students who work or at any time the client does not maintain satisfactory progress, the client may continue to go to school for another eligibility period. If the GPA is below 2.5 or 2.0 two eligibility periods in a row, the client will be ineligible for child care until his or her GPA is at or above 2.5 or 2.0.D) Study Time Child care services may be granted for up to one hour of study time per week for each classroom hour or course credit. When possible, study periods should be arranged around regularly scheduled classes in order to provide a consistent and uninterrupted routine for children in care. Study time granted to add an extra day of care must be approved first by the Department's Bureau of Child Care and Development Policy Unit.
10) Relatives (other than parents) who receive child-only TANF benefits as a Representative Payee for children in need of care while they work.11) Families with active CCAP cases in which a parent in the household is called into active military duty.12) In the event the Department must limit participation due to insufficient appropriations or available resources, applicants included in the priority service groups are:A) Recipients of Temporary Assistance for Needy Families as described in subsection (c)(1);B) Teen parents enrolled full-time in elementary school, high school or high school equivalency classes to obtain a high school degree or its equivalent;C) Families engaged in an eligible employment and/or educational activity with a special needs child and family income that does not exceed 185% of FPL for their family size;D) Working families whose monthly incomes do not exceed 185% of the most current FPL for their family size;E) Families that are not recipients of TANF whose monthly incomes do not exceed 185% of the most current FPL for their family size that need child care assistance to participate in education and training.d) All families must reside in Illinois.e) Payment for child care services to eligible parents may begin:1) if care was provided at the time and all eligibility factors are met, on either: A) the date of the parent's signature on the Child Care Assistance Program (CCAP) application (Form 444-3455); orB) one week (seven calendar days) prior to the stamped date of receipt of the CCAP application (Form 444-3455) by the Department or its agents, whichever is later; or2) on the date the child care provider actually begins providing child care services, if the application is received in advance of services being provided and all eligibility factors are met.f) Approval of payments will cease no less than 10 calendar days after the date of the termination notice sent to the parent by the Department or its agents following a determination of ineligibility. Care will be terminated immediately if it is determined the child is no longer enrolled with the approved provider or the family requests that its case be terminated.Ill. Admin. Code tit. 89, § 50.230
Amended at 36 Ill. Reg. 14513, effective September 12, 2012Amended at 38 Ill. Reg. 19513, effective 9/17/2014Amended at 39 Ill. Reg. 15540, effective 11/23/2015Amended at 42 Ill. Reg. 3745, effective 2/7/2018Amended at 42 Ill. Reg. 22555, effective 11/27/2018Amended at 43 Ill. Reg. 11338, effective 10/1/2019Amended at 44 Ill. Reg. 19874, effective 12/14/2020Amended at 45 Ill. Reg. 15467, effective 11/24/2021Amended at 46 Ill. Reg. 4066, effective 2/24/2022.Amended at 46 Ill. Reg. 15555, effective 9/1/2022Amended at 46 Ill. Reg. 20819, effective 12/15/2022Emergency amendment at 47 Ill. Reg. 10648, effective 7/1/2023, for a maximum of 150 days (EMERGENCY)Amended at 47 Ill. Reg. 17860, effective 11/20/2023Emergency amendment at 48 Ill. Reg. 10313, effective 7/1/2024, for a maximum of 150 days, exp. 11/28/2024 (Emergency)