Public Act 0692 104TH GENERAL ASSEMBLY

HB5099 Enrolled LRB104 18527 KTG 31970 b

Public Act 104-0692

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Identification Act is amended by changing Section 2.1 and by adding Section 3.4 as follows:

(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)

(Text of Section before amendment by P.A. 104-459)

Sec. 2.1. For the purpose of maintaining complete and accurate criminal records of the Illinois State Police, it is necessary for all policing bodies of this State, the clerk of the circuit court, the Illinois Department of Corrections, the sheriff of each county, and State's Attorney of each county to submit certain criminal arrest, charge, and disposition information to the Illinois State Police for filing at the earliest time possible. Unless otherwise noted herein, it shall be the duty of all policing bodies of this State, the clerk of the circuit court, the Illinois Department of Corrections, the sheriff of each county, and the State's Attorney of each county to report such information as provided in this Section, both in the form and manner required by the Illinois State Police and within 30 days of the criminal history event. Specifically:

(a) Arrest Information. All agencies making arrests for offenses which are required by statute to be collected, maintained or disseminated by the Illinois State Police shall be responsible for furnishing daily to the Illinois State Police fingerprints, charges and descriptions of all persons who are arrested for such offenses. All such agencies shall also notify the Illinois State Police of all decisions by the arresting agency not to refer such arrests for prosecution. With approval of the Illinois State Police, an agency making such arrests may enter into arrangements with other agencies for the purpose of furnishing daily such fingerprints, charges and descriptions to the Illinois State Police upon its behalf.

(b) Charge Information. The State's Attorney of each county shall notify the Illinois State Police of all charges filed and all petitions filed alleging that a minor is delinquent, including all those added subsequent to the filing of a case, and whether charges were not filed in cases for which the Illinois State Police has received information required to be reported pursuant to paragraph (a) of this Section. With approval of the Illinois State Police, the State's Attorney may enter into arrangements with other agencies for the purpose of furnishing the information required by this subsection (b) to the Illinois State Police upon the State's Attorney's behalf.

(c) Disposition Information. The clerk of the circuit court of each county shall furnish the Illinois State Police, in the form and manner required by the Supreme Court, with all final dispositions of cases for which the Illinois State Police has received information required to be reported pursuant to paragraph (a) or (d) of this Section. Such information shall include, for each charge, all (1) judgments of not guilty, judgments of guilty including the sentence pronounced by the court with statutory citations to the relevant sentencing provision, findings that a minor is delinquent and any sentence made based on those findings, discharges and dismissals in the court; (2) reviewing court orders filed with the clerk of the circuit court which reverse or remand a reported conviction or findings that a minor is delinquent or that vacate or modify a sentence or sentence made following a trial that a minor is delinquent; (3) continuances to a date certain in furtherance of an order of supervision granted under Section 5-6-1 of the Unified Code of Corrections or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, Section 10 of the Steroid Control Act, or Section 5-615 of the Juvenile Court Act of 1987; (4) judgments or court orders terminating or revoking a sentence to or juvenile disposition of probation, supervision or conditional discharge and any resentencing or new court orders entered by a juvenile court relating to the disposition of a minor's case involving delinquency after such revocation; and (5) in any case in which a firearm is alleged to have been used in the commission of an offense, the serial number of any firearm involved in the case, or if the serial number was obliterated, as provided by the State's Attorney to the clerk of the circuit court at the time of disposition.

(d) Fingerprints After Sentencing.

(1) After the court pronounces sentence, sentences a minor following a trial in which a minor was found to be delinquent or issues an order of supervision or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, Section 10 of the Steroid Control Act, or Section 5-615 of the Juvenile Court Act of 1987 for any offense which is required by statute to be collected, maintained, or disseminated by the Illinois State Police, the State's Attorney of each county shall ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case. The court shall so order the requested fingerprinting, if it determines that any such person has not previously been fingerprinted for the same case. The law enforcement agency shall submit such fingerprints to the Illinois State Police daily.

(2) After the court pronounces sentence or makes a disposition of a case following a finding of delinquency for any offense which is not required by statute to be collected, maintained, or disseminated by the Illinois State Police, the prosecuting attorney may ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case. The court may so order the requested fingerprinting, if it determines that any so sentenced person has not previously been fingerprinted for the same case. The law enforcement agency may retain such fingerprints in its files.

(e) Corrections Information. The Illinois Department of Corrections and the sheriff of each county shall furnish the Illinois State Police with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency or discharge of an individual who has been sentenced or committed to the agency's custody for any offenses which are mandated by statute to be collected, maintained or disseminated by the Illinois State Police. For an individual who has been charged with any such offense and who escapes from custody or dies while in custody, all information concerning the receipt and escape or death, whichever is appropriate, shall also be so furnished to the Illinois State Police.

(f) Confidentiality of information. Information reported to the Illinois State Police under this Act is confidential and shall not be released unless expressly permitted by State or federal law.

(Source: P.A. 104-5, eff. 1-1-26.)

(Text of Section after amendment by P.A. 104-459)

Sec. 2.1. For the purpose of maintaining complete and accurate criminal records of the Illinois State Police, it is necessary for all policing bodies of this State, the clerk of the circuit court, the Illinois Department of Corrections, the sheriff of each county, and State's Attorney of each county to submit certain criminal arrest, charge, and disposition information to the Illinois State Police for filing at the earliest time possible. Unless otherwise noted herein, it shall be the duty of all policing bodies of this State, the clerk of the circuit court, the Illinois Department of Corrections, the sheriff of each county, and the State's Attorney of each county to report such information as provided in this Section, both in the form and manner required by the Illinois State Police and within 30 days of the criminal history event. Specifically:

(a) Arrest Information. All agencies making arrests for offenses which are required by statute to be collected, maintained or disseminated by the Illinois State Police shall be responsible for furnishing daily to the Illinois State Police fingerprints, charges and descriptions of all persons who are arrested for such offenses. All such agencies shall also notify the Illinois State Police of all decisions by the arresting agency not to refer such arrests for prosecution. With approval of the Illinois State Police, an agency making such arrests may enter into arrangements with other agencies for the purpose of furnishing daily such fingerprints, charges and descriptions to the Illinois State Police upon its behalf.

(b) Charge Information. The State's Attorney of each county shall notify the Illinois State Police of all charges filed and all petitions filed alleging that a minor is delinquent, including all those added subsequent to the filing of a case, and whether charges were not filed in cases for which the Illinois State Police has received information required to be reported pursuant to paragraph (a) of this Section. With approval of the Illinois State Police, the State's Attorney may enter into arrangements with other agencies for the purpose of furnishing the information required by this subsection (b) to the Illinois State Police upon the State's Attorney's behalf.

(c) Disposition Information. The clerk of the circuit court of each county shall furnish the Illinois State Police, in the form and manner required by the Supreme Court, with all final dispositions of cases for which the Illinois State Police has received information required to be reported pursuant to paragraph (a) or (d) of this Section. Such information shall include, for each charge, all (1) judgments of not guilty, judgments of guilty including the sentence pronounced by the court with statutory citations to the relevant sentencing provision, findings that a minor is delinquent and any sentence made based on those findings, discharges and dismissals in the court; (2) reviewing court orders filed with the clerk of the circuit court which reverse or remand a reported conviction or findings that a minor is delinquent or that vacate or modify a sentence or sentence made following a trial that a minor is delinquent; (3) continuances to a date certain in furtherance of an order of supervision granted under Section 5-6-1 of the Unified Code of Corrections or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, Section 10 of the Steroid Control Act, or Section 5-615 of the Juvenile Court Act of 1987; (4) judgments or court orders terminating or revoking a sentence to or juvenile disposition of probation, supervision or conditional discharge, judgment or court orders of discharge from probation or conditional discharge, and any resentencing or new court orders entered by a juvenile court relating to the disposition of a minor's case involving delinquency after such revocation; and (5) in any case in which a firearm is alleged to have been used in the commission of an offense, the serial number of any firearm involved in the case, or if the serial number was obliterated, as provided by the State's Attorney to the clerk of the circuit court at the time of disposition. The Illinois State Police may provide reports of cases with missing disposition information to the clerk of the circuit court. Each clerk of the circuit court receiving a report of cases with missing disposition information shall respond within 30 days after receiving the report unless the volume of records in the report renders that timeline impracticable.

(d) Fingerprints After Sentencing.

(1) After the court pronounces sentence, sentences a minor following a trial in which a minor was found to be delinquent or issues an order of supervision or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, Section 10 of the Steroid Control Act, or Section 5-615 of the Juvenile Court Act of 1987 for any offense which is required by statute to be collected, maintained, or disseminated by the Illinois State Police, the State's Attorney of each county shall ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case. The court shall so order the requested fingerprinting, if it determines that any such person has not previously been fingerprinted for the same case. The law enforcement agency shall submit such fingerprints to the Illinois State Police daily.

(2) After the court pronounces sentence or makes a disposition of a case following a finding of delinquency for any offense which is not required by statute to be collected, maintained, or disseminated by the Illinois State Police, the prosecuting attorney may ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case. The court may so order the requested fingerprinting, if it determines that any so sentenced person has not previously been fingerprinted for the same case. The law enforcement agency may retain such fingerprints in its files.

(e) Corrections Information. The Illinois Department of Corrections and the sheriff of each county shall furnish the Illinois State Police with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency or discharge of an individual who has been sentenced or committed to the agency's custody for any offenses which are mandated by statute to be collected, maintained or disseminated by the Illinois State Police. For an individual who has been charged with any such offense and who escapes from custody or dies while in custody, all information concerning the receipt and escape or death, whichever is appropriate, shall also be so furnished to the Illinois State Police.

(f) Any entity required to report information concerning criminal arrests, charges, and dispositions pursuant to Section 2.1 or 5 of this Act shall respond to any notice advising the entity of missing or incomplete information or an error in the reporting of the information as follows:

(1) Responses shall be made within 30 days after the notice from the Illinois State Police unless the volume of records in the report renders that timeline impracticable.

(2) Responses shall include the missing or incomplete information, correction of the error or an explanation detailing the reason the information cannot be provided or corrected, and an estimated timeframe for compliance.

(g) Confidentiality of information. Information reported to the Illinois State Police under this Act is confidential and shall not be released unless expressly permitted by State or federal law.

(Source: P.A. 104-5, eff. 1-1-26; 104-459, eff. 6-1-26.)

(20 ILCS 2630/3.4 new)

Sec. 3.4. Criminal history background checks for qualified entities.

(a) The National Child Protection Act of 1993, as amended by the Volunteers for Children Act and the Child Protection Improvements Act of 2018, authorizes states to allow nationwide background checks for individuals who have access to children through qualified entities, including businesses and organizations under contract with qualified entities to work with vulnerable populations. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety, and welfare of children, the elderly, and individuals with disabilities, it is necessary and in the public interest to allow nationwide background checks as authorized by the National Child Protection Act of 1993, as amended by the Volunteers for Children Act and the Child Protection Improvements Act of 2018.

(b) As used in this Section:

"Applicant" includes any person who:

(1) is employed by or seeks employment with a qualified entity;

(2) is licensed or seeks licensure with a qualified entity;

(3) volunteers or seeks to volunteer with a qualified entity; or

(4) is contracted with or seeks to contract with a qualified entity to provide care or care placement services.

"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

"Qualified entity" means a business or organization, whether public, private, operated for profit, operated not for profit, or voluntary, which provides care or care placement services, including a business, organization, or governmental agency that licenses or certifies others to provide care or care placement services for children, the elderly, or individuals with disabilities.

(c) The Illinois State Police shall conduct a State and national criminal history background check on an applicant if a qualified entity submits:

(1) a request to the Illinois State Police to perform a State and national background check on the applicant in a form and manner prescribed by the Illinois State Police, which includes a statement containing the name, address, and date of birth appearing on a valid identification card or document issued by the State to the applicant;

(2) a waiver on a form approved by the Illinois State Police that is signed by the applicant allowing the release of the State and national criminal history record information to the qualified entity;

(3) the applicant's fingerprints in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information prescribed by the Illinois State Police; and

(4) any fee prescribed by the Illinois State Police.

(d) The Illinois State Police may charge a fee for conducting a background check under this Section. The fee shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check.

(e) The Illinois State Police shall ensure that the applicant is provided written notice of the applicant's right to obtain a copy of all records that the Illinois State Police shall provide to the qualified entity. If the Illinois State Police receives notice from the applicant that the applicant wants a copy of the records provided to the qualified entity, then the Illinois State Police shall provide the applicant with a copy of all the records that the Illinois State Police provided to the qualified entity.

(f) The Illinois State Police shall ensure that the applicant is provided written notice of the applicant's right to challenge any records that the Illinois State Police shall provide to the qualified entity and the procedures for correcting or updating the records. The Illinois State Police shall make a determination of the validity of a challenge concerning Illinois records made by the applicant. If the Illinois State Police determines that the Illinois records provided to a qualified entity were inaccurate, then the Illinois State Police shall provide updated records to the qualified entity and the applicant.

(g) A criminal background check conducted under this Section does not constitute compliance with any background check required by law.

(h) Upon positive identification, the Illinois State Police shall provide the qualified entity with records of the applicant's conviction of or entry of a plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is a felony or crime directly related to providing care.

(i) Nothing in this Section shall be interpreted to require the Illinois State Police to make an eligibility determination on behalf of any qualified entity.

(j) Any information received by a qualified entity under this Section shall be used solely for internal purposes in determining the suitability of an applicant. The dissemination of criminal history information from the Federal Bureau of Investigation beyond the authorized state agency or qualified entity is prohibited. All criminal record check information shall be confidential.

(k) Nothing in this Section shall be interpreted to expand a government agency's or qualified entity's authority to access juvenile, sealed, or expunged records as established by State and federal law.

(l) Fingerprints submitted under this Section shall be transmitted through a livescan fingerprint vendor licensed by the Department of Financial and Professional Regulation. The fingerprints submitted under this Section shall be checked against the records, now and hereafter filed, in the Illinois State Police and Federal Bureau of Investigation criminal history databases, including, but not limited to, civil, criminal, and latent fingerprint databases. The fingerprints shall be checked against the records in the Illinois State Police databases prior to being submitted to the Federal Bureau of Investigation.

(m) Contractors who have or seek to have a contract with a qualified entity to provide care or care placement services meet the definition of "employed by" for the purposes of the National Child Protection Act of 1993, as amended by the Volunteers for Children Act and the Child Protection Improvements Act of 2018.

(n) The Illinois State Police may adopt rules to implement this Section.

Section 10. The Child Care Act of 1969 is amended by changing Section 4.1 as follows:

(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)

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

Sec. 4.1. Criminal background investigations.

(a) In this Section, "third-party vendor" means a third-party fingerprinting vendor who is licensed by the Department of Financial and Professional Regulation and regulated by 68 Ill. Adm. Code 1240.600.

(b) The Department shall require that each child care facility license applicant as part of the application process, and each employee and volunteer of a child care facility or non-licensed service provider, as a condition of employment, authorize an investigation to determine if such applicant, employee, or volunteer has ever been charged with a crime and if so, the disposition of those charges; this authorization shall indicate the scope of the inquiry and the agencies which may be contacted. An employee or volunteer of a day care center, day care home, or group day care home shall authorize an investigation every 5 years, as required under the Child Care and Development Block Grant. A child care facility, non-licensed service provider, day care center, group day care home, or day care home may authorize the Department or a third-party vendor to collect fingerprints for the investigation. If a third-party vendor is used for fingerprinting, then the child care facility, non-licensed service provider, day care center, group day care home, or day care home shall pay the third-party vendor for that service directly. If a child care facility, non-licensed service provider, day care center, group day care home, or day care home authorizes the Department or a third-party vendor to collect fingerprints for the investigation, the Director shall request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation. Each applicant, employee, or volunteer of a child care facility or non-licensed service provider shall submit the applicant's, employee's, or volunteer's fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited into in the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall provide information concerning any criminal charges, and their disposition, now or hereafter filed, against an applicant, employee, or volunteer of a child care facility or non-licensed service provider upon request of the Department of Children and Family Services when the request is made in the form and manner required by the Illinois State Police.

Information concerning convictions of a license applicant, employee, or volunteer of a child care facility or non-licensed service provider investigated under this Section, including the source of the information and any conclusions or recommendations derived from the information, shall be provided, upon request, to such applicant, employee, or volunteer of a child care facility or non-licensed service provider prior to final action by the Department on the application. State conviction information provided by the Illinois State Police regarding employees, prospective employees, or volunteers of non-licensed service providers and child care facilities licensed under this Act shall be provided to the operator of such facility, and, upon request, to the employee, prospective employee, or volunteer of a child care facility or non-licensed service provider. Any information concerning criminal charges and the disposition of such charges obtained by the Department shall be confidential and may not be transmitted outside the Department, except as required herein, and may not be transmitted to anyone within the Department except as needed for the purpose of evaluating an application or an employee or volunteer of a child care facility or non-licensed service provider. Only information and standards which bear a reasonable and rational relation to the performance of a child care facility shall be used by the Department or any licensee. Any employee of the Department of Children and Family Services, Illinois State Police, or a child care facility receiving confidential information under this Section who gives or causes to be given any confidential information concerning any criminal convictions of an applicant, employee, or volunteer of a child care facility or non-licensed service provider, shall be guilty of a Class A misdemeanor unless release of such information is authorized by this Section.

The Department of Children and Family Services, through June 30, 2026, or the Department of Early Childhood, on and after July 1, 2026, shall allow day care centers, day care homes, and group day care homes to hire, on a probationary basis, any employee or volunteer authorizing a criminal background investigation under this Section after receiving a qualifying result, as determined by the Department of Children and Family Services or the Department of Early Childhood, whichever is applicable, pursuant to this Act, from either:

(1) the Federal Bureau of Investigation fingerprint criminal background check; or

(2) the Illinois State Police fingerprint criminal background check and a criminal record check of the criminal repository of each state in which the employee or volunteer resided during the preceding 5 years.

Pending full clearance of all background check requirements, the prospective employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components. Employees and volunteers of a day care center, day care home, or group day care home shall be notified prior to hiring that such employment may be terminated on the basis of criminal background information obtained by the facility.

(Source: P.A. 103-22, eff. 8-8-23; 103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised 10-27-25.)

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

Sec. 4.1. Criminal background investigations.

(a) In this Section, "third-party vendor" means a third-party fingerprinting vendor who is licensed by the Department of Financial and Professional Regulation and regulated by 68 Ill. Adm. Code 1240.600.

(b) The Department of Children and Family Services or the Department of Early Childhood shall require that each child care facility license applicant under the agencies' respective authority as part of the application process, and each employee and volunteer of a child care facility or non-licensed service provider, as a condition of employment, authorize an investigation to determine if such applicant, employee, or volunteer has ever been charged with a crime and if so, the disposition of those charges; this authorization shall indicate the scope of the inquiry and the agencies which may be contacted. An employee or volunteer of a day care center, day care home, or group day care home shall authorize an investigation every 5 years, as required under the Child Care and Development Block Grant. A child care facility, non-licensed service provider, day care center, group day care home, or day care home may authorize the Department of Children and Family Services, the Department of Early Childhood, or a third-party vendor to collect fingerprints for the investigation. If a third-party vendor is used for fingerprinting, then the child care facility, non-licensed service provider, day care center, group day care home, or day care home shall pay the third-party vendor for that service directly. If a child care facility, non-licensed service provider, day care center, group day care home, or day care home authorizes the Department of Children and Family Services, the Department of Early Childhood, or a third-party vendor to collect fingerprints for the investigation, the Director of Children and Family Services or the Secretary of Early Childhood shall request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation. Each applicant, employee, or volunteer of a child care facility or non-licensed service provider shall submit the applicant's, employee's, or volunteer's fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited into in the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall provide information concerning any criminal charges, and their disposition, now or hereafter filed, against an applicant, employee, or volunteer of a child care facility or non-licensed service provider upon request of the Department of Children and Family Services or the Department of Early Childhood when the request is made in the form and manner required by the Illinois State Police.

Information concerning convictions of a license applicant, employee, or volunteer of a child care facility or non-licensed service provider investigated under this Section, including the source of the information and any conclusions or recommendations derived from the information, shall be provided, upon request, to such applicant, employee, or volunteer of a child care facility or non-licensed service provider prior to final action by the Department of Children and Family Services or the Department of Early Childhood under the agencies' respective authority on the application. State conviction information provided by the Illinois State Police regarding employees, prospective employees, or volunteers of non-licensed service providers and child care facilities licensed under this Act shall be provided to the operator of such facility, and, upon request, to the employee, prospective employee, or volunteer of a child care facility or non-licensed service provider. Any information concerning criminal charges and the disposition of such charges obtained by the Department of Children and Family Services or the Department of Early Childhood shall be confidential and may not be transmitted outside the Department of Children and Family Services or the Department of Early Childhood, except as required herein, and may not be transmitted to anyone within the Department of Children and Family Services or the Department of Early Childhood except as needed for the purpose of evaluating an application or an employee or volunteer of a child care facility or non-licensed service provider. Only information and standards which bear a reasonable and rational relation to the performance of a child care facility shall be used by the Department of Children and Family Services or the Department of Early Childhood or any licensee. Any employee of the Department of Children and Family Services, Department of Early Childhood, Illinois State Police, or a child care facility receiving confidential information under this Section who gives or causes to be given any confidential information concerning any criminal convictions of an applicant, employee, or volunteer of a child care facility or non-licensed service provider, shall be guilty of a Class A misdemeanor unless release of such information is authorized by this Section.

The Department of Children and Family Services, through June 30, 2027 2026, or the Department of Early Childhood, on and after July 1, 2027 2026, shall allow day care centers, day care homes, and group day care homes to hire, on a probationary basis, any employee or volunteer authorizing a criminal background investigation under this Section after receiving a qualifying result, as determined by the Department of Children and Family Services or the Department of Early Childhood, whichever is applicable, pursuant to this Act, from either:

(1) the Federal Bureau of Investigation fingerprint criminal background check; or

(2) the Illinois State Police fingerprint criminal background check and a criminal record check of the criminal repository of each state in which the employee or volunteer resided during the preceding 5 years.

Pending full clearance of all background check requirements, the prospective employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components. Employees and volunteers of a day care center, day care home, or group day care home shall be notified prior to hiring that such employment may be terminated on the basis of criminal background information obtained by the facility.

Beginning July 1, 2027, the authority and responsibility to conduct a fingerprint-based criminal history check on providers of day care at day care centers defined under Section 2.09, part day child care facilities defined under Section 2.10, day care homes defined under Section 2.18, and group day care homes defined under Section 2.20 shall transfer to the Department of Early Childhood in accordance with Section 80-5 of the Department of Early Childhood Act.

(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26; 103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised 10-27-25.)

Section 15. The Department of Early Childhood Act is amended by changing Sections 10-15 and 20-25 as follows:

(325 ILCS 3/10-15)

Sec. 10-15. Definitions. As used in this Act:

(a) "Eligible infants and toddlers" means infants and toddlers under 36 months of age with any of the following conditions:

(1) Developmental delays.

(2) A physical or mental condition which typically results in developmental delay.

(3) Being at risk of having substantial developmental delays based on informed clinical opinion.

(4) Either (A) having entered the program under any of the circumstances listed in paragraphs (1) through (3) of this subsection but no longer meeting the current eligibility criteria under those paragraphs, and continuing to have any measurable delay, or (B) not having attained a level of development in each area, including (i) cognitive, (ii) physical (including vision and hearing), (iii) language, speech, and communication, (iv) social or emotional, or (v) adaptive, that is at least at the mean of the child's age equivalent peers; and, in addition to either item (A) or item (B), (C) having been determined by the multidisciplinary individualized family service plan team to require the continuation of early intervention services in order to support continuing developmental progress, pursuant to the child's needs and provided in an appropriate developmental manner. The type, frequency, and intensity of services shall differ from the initial individualized family services plan because of the child's developmental progress, and may consist of only service coordination, evaluation, and assessments.

"Eligible infants and toddlers" includes any child under the age of 3 who is the subject of a substantiated case of child abuse or neglect as defined in the federal Child Abuse Prevention and Treatment Act.

(b) "Developmental delay" means a delay in one or more of the following areas of childhood development as measured by appropriate diagnostic instruments and standard procedures: cognitive; physical, including vision and hearing; language, speech and communication; social or emotional; or adaptive. The term means a delay of 30% or more below the mean in function in one or more of those areas.

(c) "Physical or mental condition which typically results in developmental delay" means:

(1) a diagnosed medical disorder or exposure to a toxic substance bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities; or

(2) a history of prenatal, perinatal, neonatal or early developmental events suggestive of biological insults to the developing central nervous system and which either singly or collectively increase the probability of developing a disability or delay based on a medical history.

(d) "Informed clinical opinion" means both clinical observations and parental participation to determine eligibility by a consensus of a multidisciplinary team of 2 or more members based on their professional experience and expertise.

(e) "Early intervention services" means services which:

(1) are designed to meet the developmental needs of each child eligible under this Act and the needs of his or her family;

(2) are selected in collaboration with the child's family;

(3) are provided under public supervision;

(4) are provided at no cost except where a schedule of sliding scale fees or other system of payments by families has been adopted in accordance with State and federal law;

(5) are designed to meet an infant's or toddler's developmental needs in any of the following areas:

(A) physical development, including vision and hearing,

(B) cognitive development,

(C) communication development,

(D) social or emotional development, or

(E) adaptive development;

(6) meet the standards of the State, including the requirements of this Act;

(7) include one or more of the following:

(A) family training,

(B) social work services, including counseling, and home visits,

(C) special instruction,

(D) speech, language pathology and audiology,

(E) occupational therapy,

(F) physical therapy,

(G) psychological services,

(H) service coordination services,

(I) medical services only for diagnostic or evaluation purposes,

(J) early identification, screening, and assessment services,

(K) health services specified by the lead agency as necessary to enable the infant or toddler to benefit from the other early intervention services,

(L) vision services,

(M) transportation,

(N) assistive technology devices and services,

(O) nursing services,

(P) nutrition services, and

(Q) sign language and cued language services;

(8) are provided by qualified personnel, including but not limited to:

(A) child development specialists or special educators, including teachers of children with hearing impairments (including deafness) and teachers of children with vision impairments (including blindness),

(B) speech and language pathologists and audiologists,

(C) occupational therapists,

(D) physical therapists,

(E) social workers,

(F) nurses,

(G) dietitian nutritionists,

(H) vision specialists, including ophthalmologists and optometrists,

(I) psychologists, and

(J) physicians;

(9) are provided in conformity with an Individualized Family Service Plan;

(10) are provided throughout the year; and

(11) are provided in natural environments, to the maximum extent appropriate, which may include the home and community settings, unless justification is provided consistent with federal regulations adopted under Sections 1431 through 1444 of Title 20 of the United States Code.

(f) "Individualized Family Service Plan" or "Plan" means a written plan for providing early intervention services to a child eligible under this Act and the child's family, as set forth in Section 10-65.

(g) "Local interagency agreement" means an agreement entered into by local community and State and regional agencies receiving early intervention funds directly from the State and made in accordance with State interagency agreements providing for the delivery of early intervention services within a local community area.

(h) "Council" means the Illinois Interagency Council on Early Intervention established under Section 10-30.

(i) "Lead agency" means the Department of Early Childhood which is the State agency responsible for administering this Act and receiving and disbursing public funds received in accordance with State and federal law and rules.

(i-5) "Central billing office" means the central billing office created by the lead agency under Section 10-75.

(j) "Child find" means a service which identifies eligible infants and toddlers.

(k) "Regional intake entity" means the lead agency's designated entity responsible for implementation of the Early Intervention Services System within its designated geographic area.

(l) "Early intervention provider" means an individual who is qualified, as defined by the lead agency, to provide one or more types of early intervention services, and who has enrolled as a provider in the early intervention program.

(m) "Fully credentialed early intervention provider" means an individual who has met the standards in the State applicable to the relevant profession, and has met such other qualifications as the lead agency has determined are suitable for personnel providing early intervention services, including pediatric experience, education, and continuing education. The lead agency shall establish these qualifications by rule filed no later than 180 days after the effective date of this Act.

(n) "Telehealth" has the meaning given to that term in Section 5 of the Telehealth Act.

(o) "Department" means Department of Early Childhood unless otherwise specified.

(Source: P.A. 103-594, eff. 6-25-24.)

(325 ILCS 3/20-25)

Sec. 20-25. Licensing day care facilities.

(a) Beginning July 1, 2024, the Department of Early Childhood and the Department of Children and Family Services shall collaborate and plan for the transition of administrative responsibilities related to licensing day care centers, day care homes, and group day care homes as prescribed throughout the Child Care Act of 1969.

(b) Beginning July 1, 2026, the Department of Early Childhood shall manage all facets of licensing for day care centers, day care homes, and group day care homes as prescribed throughout the Child Care Act of 1969.

(c) Beginning July 1, 2027, the authority and responsibility to conduct a fingerprint-based criminal history check on providers of day care at day care centers defined under Section 2.09 of the Child Care Act of 1969, part day child care facilities defined under Section 2.10 of the Child Care Act of 1969, day care homes defined under Section 2.18 of the Child Care Act of 1969, and group day care homes defined under Section 2.20 of the Child Care Act of 1969 shall transfer to the Department of Early Childhood in accordance with Section 80-5 of this Act.

(Source: P.A. 103-594, eff. 6-25-24.)

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.

Section 99. Effective date. This Act takes effect upon becoming law, except that Section 10 takes effect July 1, 2026 and Section 15 takes effect July 1, 2027.