Public Act 094-0943
 		





HB4135 Enrolled
LRB094 14037 DRJ 48920 b






    AN ACT concerning regulation.

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

 
    Section 5. The Children and Family Services Act is amended  
by changing Section 5c as follows:
 



    (20 ILCS 505/5c)



    Sec. 5c. Direct child welfare service employee license. 
    (a) By January 1,
2000, the Department, in consultation 
with private child welfare agencies,
shall develop and 
implement a direct child welfare service employee license.
By 
January 1, 2001 all child protective investigators and 
supervisors and child
welfare specialists and supervisors 
employed by the Department or its
contractors shall be required 
to demonstrate sufficient knowledge and skills to
obtain and 
maintain the license.  The Direct Child Welfare
Service Employee 
License Board of the Department shall have
the authority to

revoke or suspend the license of anyone who after a hearing is 
found to be
guilty of misfeasance.  The Department shall 
promulgate such rules as necessary
to implement this Section.

    (b) If a direct child welfare service employee licensee is 
expected to transport a child or children with a motor vehicle 
in the course of performing his or her duties, the Department 
must verify that the licensee meets the requirements set forth 
in Section 5.1 of the Child Care Act of 1969. The Department 
must make that verification as to each such licensee every 2 
years. Upon the Department's request, the Secretary of State 
shall provide the Department with the information necessary to 
enable the Department to make the verifications required under 
this subsection. If the Department discovers that a direct 
child welfare service employee licensee has engaged in 
transporting a child or children with a motor vehicle without 
having a valid driver's license, the Department shall 
immediately revoke the individual's direct child welfare 
service employee license.

    (c) On or before January 1, 2000, and every year 
thereafter, the Department shall
submit an annual report to the 
General Assembly on the implementation of this
Section.

(Source: P.A. 92-471, eff. 8-22-01.)

 
    Section 10. The Child Care Act of 1969 is amended  by 
changing Section 5.1 as follows:
 



    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)



    Sec. 5.1. (a) The Department shall ensure
assure that no 
day care center, group
home or child care institution as 
defined in this Act shall on a regular
basis transport a child 
or children with any motor vehicle unless such
vehicle is 
operated by a person who
that complies with the following 
requirements:


        1. is 21 years of age or older;


        2. currently holds a valid driver's license, which has 
    not been revoked
or suspended for one or more traffic 
    violations during the 3 years
immediately prior to the date 
    of application;


        3. demonstrates physical fitness to operate vehicles 
    by submitting the
results of a medical examination 
    conducted by a licensed physician;


        4. has not been convicted of more than 2 offenses 
    against traffic
regulations governing the movement of 
    vehicles within a twelve month period;


        5. has not been convicted of reckless driving or 
    driving under the
influence or manslaughter or reckless 
    homicide resulting from the
operation of a motor vehicle 
    within the past 3 years;


        6. has signed and submitted a written statement 
    certifying that he has
not, through the unlawful operation 
    of a motor vehicle, caused an accident
which resulted in 
    the death of any person within the 5 years immediately

    prior to the date of application.

    However, such day care centers, group homes and child care 
institutions
may provide for transportation of a child or 
children for special outings,
functions or purposes that are 
not scheduled on a regular basis without
verification that 
drivers for such purposes meet the requirements of this

Section.

    (a-5) As a means of ensuring compliance with the 
requirements set forth in subsection (a), the Department shall 
implement appropriate measures to verify that every individual 
who is employed at a group home or child care institution meets 
those requirements.
    For every individual employed at a group home or child care 
institution who regularly transports children in the course of 
performing his or her duties, the Department must make the 
verification every 2 years. Upon the Department's request, the 
Secretary of State shall provide the Department with the 
information necessary to enable the Department to make the 
verifications required under subsection (a).
    In the case of an individual employed at a group home or 
child care institution who becomes subject to subsection (a) 
for the first time after the effective date of this amendatory 
Act of the 94th General Assembly, the Department must make that 
verification with the Secretary of State before the individual 
operates a motor vehicle to transport a child or children under 
the circumstances described in subsection (a).
    In the case of an individual employed at a group home or 
child care institution who is subject to subsection (a) on the 
effective date of this amendatory Act of the 94th General 
Assembly, the Department must make that verification with the 
Secretary of State within 30 days after that effective date.
    If the Department discovers that an individual fails to 
meet the requirements set forth in subsection (a), the 
Department shall promptly notify the appropriate group home or 
child care institution.

    (b) Any individual who holds a valid Illinois school bus 
driver permit
issued by the Secretary of State
pursuant to The 
Illinois
Vehicle Code, and who is currently employed by a 
school district or parochial
school, or by a contractor with a 
school district or parochial school, to
drive a school bus 
transporting children to and from school,
shall be deemed in 
compliance with the requirements of subsection (a).

    (c) The Department may, pursuant to Section 8 of this Act, 
revoke the
license of any day care center, group home or child 
care institution that
fails to meet the requirements of this 
Section.

    (d) A group home or child care institution that
fails to 
meet the requirements of this Section is guilty of a petty 
offense and is subject to a fine of not more than $1,000. Each 
day that a group home or child care institution fails to meet 
the requirements of this Section is a separate offense.

(Source: P.A. 88-612, eff. 7-1-95.)