Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 10/5.2

(225 ILCS 10/5.2)

(Text of Section before amendment by P.A. 103-594)

Sec. 5.2. Unsafe children's products.

(a) A child care facility may not use or have on the premises, on or after
July 1, 2000, an unsafe children's product as described in Section 15 of the
Children's Product Safety Act.  This subsection (a) does not apply to an
antique or collectible children's product if it is not used by, or accessible
to, any child in the child care facility.

(b) The Department of Children and Family Services shall notify child
care facilities, on an ongoing basis, including during the license application facility examination and during annual license monitoring visits, of the provisions of this Section and the
Children's Product Safety Act and of the comprehensive list of unsafe children's products as provided and maintained by the Department of Public Health available on the Internet, as determined
in accordance with that Act, in plain, non-technical language that will enable
each child care facility to effectively inspect children's products and
identify unsafe children's products. Subject to availability of appropriations, the Department of Children and Family Services, in accordance with the requirements of this Section, shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (i) publicly available; (ii) searchable; and (iii) accessible through the Internet website of the Department.  Child care facilities must maintain all written information provided pursuant to this subsection in a file accessible to both facility staff and parents of children attending the facility.   Child care facilities must post in prominent locations regularly visited by parents written notification of the existence of the comprehensive list of unsafe children's products available on the Internet. The Department of Children and Family
Services shall adopt rules to carry out this Section.

(Source: P.A. 103-44, eff. 1-1-24.)

    (Text of Section after amendment by P.A. 103-594)
    Sec. 5.2. Unsafe children's products; Department of Children and Family Services.

(a) A child care facility may not use or have on the premises, on or after July 1, 2000, an unsafe children's product as described in Section 15 of the Children's Product Safety Act. This subsection (a) does not apply to an antique or collectible children's product if it is not used by, or accessible to, any child in the child care facility.

(b) The Department of Children and Family Services shall notify child care facilities (other than a day care center, day care home, or group day care home), on an ongoing basis, including during the license application facility examination and during annual license monitoring visits, of the provisions of this Section and the Children's Product Safety Act and of the comprehensive list of unsafe children's products as provided and maintained by the Department of Public Health available on the Internet, as determined in accordance with that Act, in plain, non-technical language that will enable each child care facility to effectively inspect children's products and identify unsafe children's products. Subject to availability of appropriations, the Department of Children and Family Services, in accordance with the requirements of this Section, shall establish and maintain a database on the safety of consumer products and other products or substances regulated by the Department that is: (i) publicly available; (ii) searchable; and (iii) accessible through the Internet website of the Department. Child care facilities must maintain all written information provided pursuant to this subsection in a file accessible to both facility staff and parents of children attending the facility. Child care facilities must post in prominent locations regularly visited by parents written notification of the existence of the comprehensive list of unsafe children's products available on the Internet. The Department of Children and Family Services shall adopt rules to carry out this Section.

(Source: P.A. 103-44, eff. 1-1-24; 103-594, eff. 7-1-26.)