Sen. William E. Brady

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 885

2    AMENDMENT NO. ______. Amend Senate Bill 885 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Child Care Act of 1969 is amended by adding
5Section 6.5 and by changing Section 7 as follows:
 
6    (225 ILCS 10/6.5 new)
7    Sec. 6.5. Qualifications for early childhood teachers and
8school-age workers. Early childhood teachers and school-age
9workers shall meet one of the following qualifications:
10        (1) complete 60 semester hours from an accredited
11    college or university and complete the Level 1 early
12    childhood education training;
13        (2) complete 1,560 clock hours of child development
14    experience, 30 semester hours from an accredited college or
15    university, and the Level 1 early childhood education
16    training; or

 

 

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1        (3) complete 2,080 clock hours of child development
2    experience as a teacher assistant in a day care center and
3    complete the Level 1 early childhood education training.
 
4    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
5    Sec. 7. (a) The Department must prescribe and publish
6minimum standards for licensing that apply to the various types
7of facilities for child care defined in this Act and that are
8equally applicable to like institutions under the control of
9the Department and to foster family homes used by and under the
10direct supervision of the Department. The Department shall seek
11the advice and assistance of persons representative of the
12various types of child care facilities in establishing such
13standards. The standards prescribed and published under this
14Act take effect as provided in the Illinois Administrative
15Procedure Act, and are restricted to regulations pertaining to
16the following matters and to any rules and regulations required
17or permitted by any other Section of this Act:
18        (1) The operation and conduct of the facility and
19    responsibility it assumes for child care;
20        (2) In accordance with Section 6.5, the The character,
21    suitability and qualifications of the applicant and other
22    persons directly responsible for the care and welfare of
23    children served. All child day care center licensees and
24    employees who are required to report child abuse or neglect
25    under the Abused and Neglected Child Reporting Act shall be

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1influenza and pertussis. The information for vaccine
2preventable diseases shall include the incidence and severity
3of the diseases, the availability of vaccines, and the
4importance of immunizing children and persons who frequently
5have close contact with children. The website content shall be
6reviewed annually in collaboration with the Department of
7Public Health to reflect the most current recommendations of
8the Advisory Committee on Immunization Practices (ACIP). The
9Department shall work with day care centers and day care homes
10licensed under this Act to ensure that the information is
11annually distributed to parents in August or September.
12    (j) Any standard adopted by the Department that requires an
13applicant for a license to operate a day care home to include a
14copy of a high school diploma or equivalent certificate with
15his or her application shall be deemed to be satisfied if the
16applicant includes a copy of a high school diploma or
17equivalent certificate or a copy of a degree from an accredited
18institution of higher education or vocational institution or
19equivalent certificate.
20(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
21100-201, eff. 8-18-17.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".