|
(2) The character, suitability and qualifications of |
the applicant and other persons directly responsible for |
the care and welfare of children served. All child day |
care center licensees and employees who are required to |
report child abuse or neglect under the Abused and |
Neglected Child Reporting Act shall be required to attend |
training on recognizing child abuse and neglect, as |
prescribed by Department rules; |
(3) The general financial ability and competence of |
the applicant to provide necessary care for children and |
to maintain prescribed standards; |
(4) The number of individuals or staff required to |
insure adequate supervision and care of the children |
received. The standards shall provide that each child care |
institution, maternity center, day care center, group |
home, day care home, and group day care home shall have on |
its premises during its hours of operation at least 2 |
non-administrative one staff members member certified in |
first aid, in the Heimlich maneuver, and in |
cardiopulmonary resuscitation by the American Red Cross or |
other organizations organization approved by rule of the |
Department no later than 90 days after employment. Child |
welfare agencies shall not be subject to such a staffing |
requirement. The Department may offer, or arrange for the |
offering, on a periodic basis in each community in this |
State in cooperation with the American Red Cross, the |
|
American Heart Association, or other appropriate |
organizations organization, voluntary programs to train |
operators of foster family homes and day care homes in |
first aid and cardiopulmonary resuscitation; |
(5) The appropriateness, safety, cleanliness, and |
general adequacy of the premises, including maintenance of |
adequate fire prevention and health standards conforming |
to State laws and municipal codes to provide for the |
physical comfort, care, and well-being of children |
received; |
(6) Provisions for food, clothing, educational |
opportunities, program, equipment and individual supplies |
to assure the healthy physical, mental, and spiritual |
development of children served; |
(7) Provisions to safeguard the legal rights of |
children served; |
(8) Maintenance of records pertaining to the |
admission, progress, health, and discharge of children, |
including, for day care centers and day care homes, |
records indicating each child has been immunized as |
required by State regulations. The Department shall |
require proof that children enrolled in a facility have |
been immunized against Haemophilus Influenzae B (HIB); |
(9) Filing of reports with the Department; |
(10) Discipline of children; |
(11) Protection and fostering of the particular |
|
religious faith of the children served; |
(12) Provisions prohibiting firearms on day care |
center premises except in the possession of peace |
officers; |
(13) Provisions prohibiting handguns on day care home |
premises except in the possession of peace officers or |
other adults who must possess a handgun as a condition of |
employment and who reside on the premises of a day care |
home; |
(14) Provisions requiring that any firearm permitted |
on day care home premises, except handguns in the |
possession of peace officers, shall be kept in a |
disassembled state, without ammunition, in locked storage, |
inaccessible to children and that ammunition permitted on |
day care home premises shall be kept in locked storage |
separate from that of disassembled firearms, inaccessible |
to children; |
(15) Provisions requiring notification of parents or |
guardians enrolling children at a day care home of the |
presence in the day care home of any firearms and |
ammunition and of the arrangements for the separate, |
locked storage of such firearms and ammunition; |
(16) Provisions requiring all licensed child care |
facility employees who care for newborns and infants to |
complete training every 3 years on the nature of sudden |
unexpected infant death (SUID), sudden infant death |
|
syndrome (SIDS), and the safe sleep recommendations of the |
American Academy of Pediatrics; and |
(17) With respect to foster family homes, provisions |
requiring the Department to review quality of care |
concerns and to consider those concerns in determining |
whether a foster family home is qualified to care for |
children. |
By July 1, 2022, all licensed day care home providers, |
licensed group day care home providers, and licensed day care |
center directors and classroom staff shall participate in at |
least one training that includes the topics of early childhood |
social emotional learning, infant and early childhood mental |
health, early childhood trauma, or adverse childhood |
experiences. Current licensed providers, directors, and |
classroom staff shall complete training by July 1, 2022 and |
shall participate in training that includes the above topics |
at least once every 3 years. |
(b) If, in a facility for general child care, there are |
children diagnosed as mentally ill or children diagnosed as |
having an intellectual or physical disability, who are |
determined to be in need of special mental treatment or of |
nursing care, or both mental treatment and nursing care, the |
Department shall seek the advice and recommendation of the |
Department of Human Services, the Department of Public Health, |
or both Departments regarding the residential treatment and |
nursing care provided by the institution. |
|
(c) The Department shall investigate any person applying |
to be licensed as a foster parent to determine whether there is |
any evidence of current drug or alcohol abuse in the |
prospective foster family. The Department shall not license a |
person as a foster parent if drug or alcohol abuse has been |
identified in the foster family or if a reasonable suspicion |
of such abuse exists, except that the Department may grant a |
foster parent license to an applicant identified with an |
alcohol or drug problem if the applicant has successfully |
participated in an alcohol or drug treatment program, |
self-help group, or other suitable activities and if the |
Department determines that the foster family home can provide |
a safe, appropriate environment and meet the physical and |
emotional needs of children. |
(d) The Department, in applying standards prescribed and |
published, as herein provided, shall offer consultation |
through employed staff or other qualified persons to assist |
applicants and licensees in meeting and maintaining minimum |
requirements for a license and to help them otherwise to |
achieve programs of excellence related to the care of children |
served. Such consultation shall include providing information |
concerning education and training in early childhood |
development to providers of day care home services. The |
Department may provide or arrange for such education and |
training for those providers who request such assistance. |
(e) The Department shall distribute copies of licensing |
|
standards to all licensees and applicants for a license. Each |
licensee or holder of a permit shall distribute copies of the |
appropriate licensing standards and any other information |
required by the Department to child care facilities under its |
supervision. Each licensee or holder of a permit shall |
maintain appropriate documentation of the distribution of the |
standards. Such documentation shall be part of the records of |
the facility and subject to inspection by authorized |
representatives of the Department. |
(f) The Department shall prepare summaries of day care |
licensing standards. Each licensee or holder of a permit for a |
day care facility shall distribute a copy of the appropriate |
summary and any other information required by the Department, |
to the legal guardian of each child cared for in that facility |
at the time when the child is enrolled or initially placed in |
the facility. The licensee or holder of a permit for a day care |
facility shall secure appropriate documentation of the |
distribution of the summary and brochure. Such documentation |
shall be a part of the records of the facility and subject to |
inspection by an authorized representative of the Department. |
(g) The Department shall distribute to each licensee and |
holder of a permit copies of the licensing or permit standards |
applicable to such person's facility. Each licensee or holder |
of a permit shall make available by posting at all times in a |
common or otherwise accessible area a complete and current set |
of licensing standards in order that all employees of the |
|
facility may have unrestricted access to such standards. All |
employees of the facility shall have reviewed the standards |
and any subsequent changes. Each licensee or holder of a |
permit shall maintain appropriate documentation of the current |
review of licensing standards by all employees. Such records |
shall be part of the records of the facility and subject to |
inspection by authorized representatives of the Department. |
(h) Any standards involving physical examinations, |
immunization, or medical treatment shall include appropriate |
exemptions for children whose parents object thereto on the |
grounds that they conflict with the tenets and practices of a |
recognized church or religious organization, of which the |
parent is an adherent or member, and for children who should |
not be subjected to immunization for clinical reasons. |
(i) The Department, in cooperation with the Department of |
Public Health, shall work to increase immunization awareness |
and participation among parents of children enrolled in day |
care centers and day care homes by publishing on the |
Department's website information about the benefits of |
immunization against vaccine preventable diseases, including |
influenza and pertussis. The information for vaccine |
preventable diseases shall include the incidence and severity |
of the diseases, the availability of vaccines, and the |
importance of immunizing children and persons who frequently |
have close contact with children. The website content shall be |
reviewed annually in collaboration with the Department of |
|
Public Health to reflect the most current recommendations of |
the Advisory Committee on Immunization Practices (ACIP). The |
Department shall work with day care centers and day care homes |
licensed under this Act to ensure that the information is |
annually distributed to parents in August or September. |
(j) Any standard adopted by the Department that requires |
an applicant for a license to operate a day care home to |
include a copy of a high school diploma or equivalent |
certificate with the person's application shall be deemed to |
be satisfied if the applicant includes a copy of a high school |
diploma or equivalent certificate or a copy of a degree from an |
accredited institution of higher education or vocational |
institution or equivalent certificate. |
(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
|
(Text of Section after amendment by P.A. 103-594) |
Sec. 7. (a) The Department must prescribe and publish |
minimum standards for licensing that apply to the various |
types of facilities for child care defined in this Act (other |
than a day care center, day care home, or group day care home) |
and that are equally applicable to like institutions under the |
control of the Department and to foster family homes used by |
and under the direct supervision of the Department. The |
Department shall seek the advice and assistance of persons |
representative of the various types of child care facilities |
in establishing such standards. The standards prescribed and |
|
published under this Act take effect as provided in the |
Illinois Administrative Procedure Act, and are restricted to |
regulations pertaining to the following matters and to any |
rules and regulations required or permitted by any other |
Section of this Act: |
(1) The operation and conduct of the facility and |
responsibility it assumes for child care; |
(2) The character, suitability and qualifications of |
the applicant and other persons directly responsible for |
the care and welfare of children served.; |
(3) The general financial ability and competence of |
the applicant to provide necessary care for children and |
to maintain prescribed standards; |
(4) The number of individuals or staff required to |
insure adequate supervision and care of the children |
received. The standards shall provide that each child care |
institution, maternity center, and group home shall have |
on its premises during its hours of operation at least 2 |
non-administrative one staff members member certified in |
first aid, in the Heimlich maneuver, and in |
cardiopulmonary resuscitation by the American Red Cross or |
other organizations organization approved by rule of the |
Department no later than 90 days after employment. Child |
welfare agencies shall not be subject to such a staffing |
requirement. The Department may offer, or arrange for the |
offering, on a periodic basis in each community in this |
|
State in cooperation with the American Red Cross, the |
American Heart Association, or other appropriate |
organizations organization, voluntary programs to train |
operators of foster family homes and day care homes in |
first aid and cardiopulmonary resuscitation; |
(5) The appropriateness, safety, cleanliness, and |
general adequacy of the premises, including maintenance of |
adequate fire prevention and health standards conforming |
to State laws and municipal codes to provide for the |
physical comfort, care, and well-being of children |
received; |
(6) Provisions for food, clothing, educational |
opportunities, program, equipment and individual supplies |
to assure the healthy physical, mental, and spiritual |
development of children served; |
(7) Provisions to safeguard the legal rights of |
children served; |
(8) Maintenance of records pertaining to the |
admission, progress, health, and discharge of children. |
The Department shall require proof that children enrolled |
in a facility (other than a day care center, day care home, |
or group day care home) have been immunized against |
Haemophilus Influenzae B (HIB); |
(9) Filing of reports with the Department; |
(10) Discipline of children; |
(11) Protection and fostering of the particular |
|
religious faith of the children served; |
(12) (Blank); |
(13) (Blank); |
(14) (Blank); |
(15) (Blank); |
(16) Provisions requiring all licensed child care |
facility employees who care for newborns and infants to |
complete training every 3 years on the nature of sudden |
unexpected infant death (SUID), sudden infant death |
syndrome (SIDS), and the safe sleep recommendations of the |
American Academy of Pediatrics (other than employees of a |
day care center, day care home, or group day care home); |
and |
(17) With respect to foster family homes, provisions |
requiring the Department to review quality of care |
concerns and to consider those concerns in determining |
whether a foster family home is qualified to care for |
children. |
(b) If, in a facility for general child care (other than a |
day care center, day care home, or group day care home), there |
are children diagnosed as mentally ill or children diagnosed |
as having an intellectual or physical disability, who are |
determined to be in need of special mental treatment or of |
nursing care, or both mental treatment and nursing care, the |
Department shall seek the advice and recommendation of the |
Department of Human Services, the Department of Public Health, |
|
or both Departments regarding the residential treatment and |
nursing care provided by the institution. |
(c) The Department shall investigate any person applying |
to be licensed as a foster parent to determine whether there is |
any evidence of current drug or alcohol abuse in the |
prospective foster family. The Department shall not license a |
person as a foster parent if drug or alcohol abuse has been |
identified in the foster family or if a reasonable suspicion |
of such abuse exists, except that the Department may grant a |
foster parent license to an applicant identified with an |
alcohol or drug problem if the applicant has successfully |
participated in an alcohol or drug treatment program, |
self-help group, or other suitable activities and if the |
Department determines that the foster family home can provide |
a safe, appropriate environment and meet the physical and |
emotional needs of children. |
(d) The Department, in applying standards prescribed and |
published, as herein provided, shall offer consultation |
through employed staff or other qualified persons to assist |
applicants and licensees (other than applicants and licensees |
of a day care center, day care home, or group day care home) in |
meeting and maintaining minimum requirements for a license and |
to help them otherwise to achieve programs of excellence |
related to the care of children served. Such consultation |
shall include providing information concerning education and |
training in early childhood development to providers of day |
|
care home services. The Department may provide or arrange for |
such education and training for those providers who request |
such assistance (other than providers at a day care center, |
day care home, or group day care home). |
(e) The Department shall distribute copies of licensing |
standards to all licensees and applicants for a license (other |
than licensees and applicants of a day care center, day care |
home, or group day care home). Each licensee or holder of a |
permit shall distribute copies of the appropriate licensing |
standards and any other information required by the Department |
to child care facilities under its supervision. Each licensee |
or holder of a permit shall maintain appropriate documentation |
of the distribution of the standards. Such documentation shall |
be part of the records of the facility and subject to |
inspection by authorized representatives of the Department. |
(f) (Blank). |
(g) The Department shall distribute to each licensee and |
holder of a permit copies of the licensing or permit standards |
applicable to such person's facility (other than a day care |
center, day care home, or group day care home). Each licensee |
or holder of a permit shall make available by posting at all |
times in a common or otherwise accessible area a complete and |
current set of licensing standards in order that all employees |
of the facility may have unrestricted access to such |
standards. All employees of the facility shall have reviewed |
the standards and any subsequent changes. Each licensee or |
|
holder of a permit shall maintain appropriate documentation of |
the current review of licensing standards by all employees. |
Such records shall be part of the records of the facility and |
subject to inspection by authorized representatives of the |
Department. |
(h) Any standards (other than standards of a day care |
center, day care home, or group day care home) involving |
physical examinations, immunization, or medical treatment |
shall include appropriate exemptions for children whose |
parents object thereto on the grounds that they conflict with |
the tenets and practices of a recognized church or religious |
organization, of which the parent is an adherent or member, |
and for children who should not be subjected to immunization |
for clinical reasons. |
(i) (Blank). |
(j) (Blank). |
(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23; |
103-594, eff. 7-1-26.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act. |