100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4520

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/7  from Ch. 23, par. 2217

    Amends the Child Care Act of 1969. Allows adults who reside on the premises of a day care home to possess handguns on day care home premises (rather than adults who must possess a handgun as a condition of employment and who reside on the premises of a day care home) if the handgun and handgun ammunition are locked and inaccessible to children.


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A BILL FOR

 

HB4520LRB100 16204 SMS 31327 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 7 as follows:
 
6    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
7    Sec. 7. (a) The Department must prescribe and publish
8minimum standards for licensing that apply to the various types
9of facilities for child care defined in this Act and that are
10equally applicable to like institutions under the control of
11the Department and to foster family homes used by and under the
12direct supervision of the Department. The Department shall seek
13the advice and assistance of persons representative of the
14various types of child care facilities in establishing such
15standards. The standards prescribed and published under this
16Act take effect as provided in the Illinois Administrative
17Procedure Act, and are restricted to regulations pertaining to
18the following matters and to any rules and regulations required
19or permitted by any other Section of this Act:
20        (1) The operation and conduct of the facility and
21    responsibility it assumes for child care;
22        (2) The character, suitability and qualifications of
23    the applicant and other persons directly responsible for

 

 

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1    the care and welfare of children served. All child day care
2    center licensees and employees who are required to report
3    child abuse or neglect under the Abused and Neglected Child
4    Reporting Act shall be required to attend training on
5    recognizing child abuse and neglect, as prescribed by
6    Department rules;
7        (3) The general financial ability and competence of the
8    applicant to provide necessary care for children and to
9    maintain prescribed standards;
10        (4) The number of individuals or staff required to
11    insure adequate supervision and care of the children
12    received. The standards shall provide that each child care
13    institution, maternity center, day care center, group
14    home, day care home, and group day care home shall have on
15    its premises during its hours of operation at least one
16    staff member certified in first aid, in the Heimlich
17    maneuver, and in cardiopulmonary resuscitation by the
18    American Red Cross or other organization approved by rule
19    of the Department. Child welfare agencies shall not be
20    subject to such a staffing requirement. The Department may
21    offer, or arrange for the offering, on a periodic basis in
22    each community in this State in cooperation with the
23    American Red Cross, the American Heart Association or other
24    appropriate organization, voluntary programs to train
25    operators of foster family homes and day care homes in
26    first aid and cardiopulmonary resuscitation;

 

 

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1        (5) The appropriateness, safety, cleanliness, and
2    general adequacy of the premises, including maintenance of
3    adequate fire prevention and health standards conforming
4    to State laws and municipal codes to provide for the
5    physical comfort, care, and well-being of children
6    received;
7        (6) Provisions for food, clothing, educational
8    opportunities, program, equipment and individual supplies
9    to assure the healthy physical, mental, and spiritual
10    development of children served;
11        (7) Provisions to safeguard the legal rights of
12    children served;
13        (8) Maintenance of records pertaining to the
14    admission, progress, health, and discharge of children,
15    including, for day care centers and day care homes, records
16    indicating each child has been immunized as required by
17    State regulations. The Department shall require proof that
18    children enrolled in a facility have been immunized against
19    Haemophilus Influenzae B (HIB);
20        (9) Filing of reports with the Department;
21        (10) Discipline of children;
22        (11) Protection and fostering of the particular
23    religious faith of the children served;
24        (12) Provisions prohibiting firearms on day care
25    center premises except in the possession of peace officers;
26        (13) Provisions prohibiting handguns on day care home

 

 

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1    premises except: (i) in the possession of peace officers;
2    or (ii) in the possession of or other adults who must
3    possess a handgun as a condition of employment and who
4    reside on the premises of a day care home;
5        (14) Provisions requiring that any firearm permitted
6    on day care home premises, except handguns in the
7    possession of peace officers, shall be kept in a
8    disassembled state, without ammunition, in locked storage,
9    inaccessible to children and that ammunition permitted on
10    day care home premises shall be kept in locked storage
11    separate from that of disassembled firearms, inaccessible
12    to children;
13        (15) Provisions requiring notification of parents or
14    guardians enrolling children at a day care home of the
15    presence in the day care home of any firearms and
16    ammunition and of the arrangements for the separate, locked
17    storage of such firearms and ammunition;
18        (16) Provisions requiring all licensed child care
19    facility employees who care for newborns and infants to
20    complete training every 3 years on the nature of sudden
21    unexpected infant death (SUID), sudden infant death
22    syndrome (SIDS), and the safe sleep recommendations of the
23    American Academy of Pediatrics; and
24        (17) With respect to foster family homes, provisions
25    requiring the Department to review quality of care concerns
26    and to consider those concerns in determining whether a

 

 

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1    foster family home is qualified to care for children.
2    (b) If, in a facility for general child care, there are
3children diagnosed as mentally ill or children diagnosed as
4having an intellectual or physical disability, who are
5determined to be in need of special mental treatment or of
6nursing care, or both mental treatment and nursing care, the
7Department shall seek the advice and recommendation of the
8Department of Human Services, the Department of Public Health,
9or both Departments regarding the residential treatment and
10nursing care provided by the institution.
11    (c) The Department shall investigate any person applying to
12be licensed as a foster parent to determine whether there is
13any evidence of current drug or alcohol abuse in the
14prospective foster family. The Department shall not license a
15person as a foster parent if drug or alcohol abuse has been
16identified in the foster family or if a reasonable suspicion of
17such abuse exists, except that the Department may grant a
18foster parent license to an applicant identified with an
19alcohol or drug problem if the applicant has successfully
20participated in an alcohol or drug treatment program, self-help
21group, or other suitable activities and if the Department
22determines that the foster family home can provide a safe,
23appropriate environment and meet the physical and emotional
24needs of children.
25    (d) The Department, in applying standards prescribed and
26published, as herein provided, shall offer consultation

 

 

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1through employed staff or other qualified persons to assist
2applicants and licensees in meeting and maintaining minimum
3requirements for a license and to help them otherwise to
4achieve programs of excellence related to the care of children
5served. Such consultation shall include providing information
6concerning education and training in early childhood
7development to providers of day care home services. The
8Department may provide or arrange for such education and
9training for those providers who request such assistance.
10    (e) The Department shall distribute copies of licensing
11standards to all licensees and applicants for a license. Each
12licensee or holder of a permit shall distribute copies of the
13appropriate licensing standards and any other information
14required by the Department to child care facilities under its
15supervision. Each licensee or holder of a permit shall maintain
16appropriate documentation of the distribution of the
17standards. Such documentation shall be part of the records of
18the facility and subject to inspection by authorized
19representatives of the Department.
20    (f) The Department shall prepare summaries of day care
21licensing standards. Each licensee or holder of a permit for a
22day care facility shall distribute a copy of the appropriate
23summary and any other information required by the Department,
24to the legal guardian of each child cared for in that facility
25at the time when the child is enrolled or initially placed in
26the facility. The licensee or holder of a permit for a day care

 

 

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1facility shall secure appropriate documentation of the
2distribution of the summary and brochure. Such documentation
3shall be a part of the records of the facility and subject to
4inspection by an authorized representative of the Department.
5    (g) The Department shall distribute to each licensee and
6holder of a permit copies of the licensing or permit standards
7applicable to such person's facility. Each licensee or holder
8of a permit shall make available by posting at all times in a
9common or otherwise accessible area a complete and current set
10of licensing standards in order that all employees of the
11facility may have unrestricted access to such standards. All
12employees of the facility shall have reviewed the standards and
13any subsequent changes. Each licensee or holder of a permit
14shall maintain appropriate documentation of the current review
15of licensing standards by all employees. Such records shall be
16part of the records of the facility and subject to inspection
17by authorized representatives of the Department.
18    (h) Any standards involving physical examinations,
19immunization, or medical treatment shall include appropriate
20exemptions for children whose parents object thereto on the
21grounds that they conflict with the tenets and practices of a
22recognized church or religious organization, of which the
23parent is an adherent or member, and for children who should
24not be subjected to immunization for clinical reasons.
25    (i) The Department, in cooperation with the Department of
26Public Health, shall work to increase immunization awareness

 

 

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1and participation among parents of children enrolled in day
2care centers and day care homes by publishing on the
3Department's website information about the benefits of
4immunization against vaccine preventable diseases, including
5influenza and pertussis. The information for vaccine
6preventable diseases shall include the incidence and severity
7of the diseases, the availability of vaccines, and the
8importance of immunizing children and persons who frequently
9have close contact with children. The website content shall be
10reviewed annually in collaboration with the Department of
11Public Health to reflect the most current recommendations of
12the Advisory Committee on Immunization Practices (ACIP). The
13Department shall work with day care centers and day care homes
14licensed under this Act to ensure that the information is
15annually distributed to parents in August or September.
16    (j) Any standard adopted by the Department that requires an
17applicant for a license to operate a day care home to include a
18copy of a high school diploma or equivalent certificate with
19his or her application shall be deemed to be satisfied if the
20applicant includes a copy of a high school diploma or
21equivalent certificate or a copy of a degree from an accredited
22institution of higher education or vocational institution or
23equivalent certificate.
24(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
25100-201, eff. 8-18-17.)