Public Act 099-0699
 
SB2321 EnrolledLRB099 15718 MLM 40017 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




  
 
    Section 5. The Child Care Act of 1969 is amended  by 
changing Sections 2.09 and 3 as follows:
 



    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)



    Sec. 2.09. 
"Day care center" means any child care facility 
which regularly
provides day care for less than 24 hours per 
day for (1) more than 8 children
in a family home, or (2) more 
than 3 children in a facility other than a
family home, 
including senior citizen buildings. The term does not include

(a)
programs operated by (i) public or private elementary 
school systems or
secondary level school units or institutions 
of higher learning that
serve children who shall have attained 
the age of 3 years or (ii) private
entities on the grounds of 
public or private elementary or
secondary schools and that 
serve children who have attained the age of 3
years, except 
that this exception applies only to the facility and not to the

private entities' personnel operating the program;
(b)

programs
or that portion of the program which serves children 
who shall have attained
the age of 3 years and which are 
recognized by the State Board of Education;
(c) educational 
program or programs serving children who shall have attained

the age of 3 years and which are operated by a school which is 
registered
with the State Board of Education and which is 
recognized or accredited
by a recognized national or multistate

educational organization or association which regularly 
recognizes or accredits
schools; (d) programs which 
exclusively serve or that portion of the
program which serves 
children with disabilities who shall have attained the age
of 3 
years but are less than 21 years of age and which are 
registered and
approved as meeting standards of the State Board 
of Education and
applicable fire marshal standards; (e) 
facilities operated in connection
with a shopping center or 
service, religious services, or other similar
facility, where 
transient children are cared for temporarily while parents
or 
custodians of the children are occupied on the premises and 
readily
available; (f) any type of day care center that is

conducted on federal government premises; (g) special 
activities
programs, including athletics, crafts instruction 
and similar activities
conducted on an organized and periodic 
basis by civic, charitable and
governmental organizations; (h) 
part day child care facilities, as
defined in Section 2.10 of 
this Act; or (i) programs or that portion of
the program which 
(1) serves children who shall have attained the age of
3 years, 
(2) is operated by churches or religious institutions as 
described
in Section 501 (c) (3) of the federal Internal 
Revenue Code, (3) receives
no governmental aid, (4) is operated 
as a component of a religious, nonprofit
elementary school, (5) 
operates primarily to provide religious education,
and (6) 
meets appropriate State or local health and fire safety 
standards; or (j) programs or portions of programs that: (1) 
serve only school-age children and youth (defined as full-time 
kindergarten children, as defined in 89 Ill. Adm. Code 407.45, 
or older), (2) are organized to promote childhood learning, 
child and youth development, educational or recreational 
activities, or character-building, (3) operate primarily 
during out-of-school time or at times when school is not 
normally in session, (4) comply with the standards of the 
Illinois Department of Public Health (77 Ill. Adm. Code 750) or 
the local health department, the Illinois State Fire Marshal 
(41 Ill. Adm. Code 100), and the following additional health 
and safety requirements: procedures for employee and volunteer 
emergency preparedness and practice drills; procedures to 
ensure that first aid kits are maintained and ready to use; the 
placement of a minimum level of liability insurance as 
determined by the Department; procedures for the availability 
of a working telephone that is onsite and accessible at all 
times; procedures to ensure that emergency phone numbers are 
posted onsite; and a restriction on handgun or weapon 
possession onsite, except if possessed by a peace officer, (5) 
perform and maintain authorization and results of criminal 
history checks through the Illinois State Police and FBI and 
checks of the Illinois Sex Offender Registry, the National Sex 
Offender Registry, and Child Abuse and Neglect Tracking System 
for employees and volunteers who work directly with children, 
(6) make hiring decisions in accordance with the prohibitions 
against barrier crimes as specified in Section 4.2 of this Act 
or in Section 21B-80 of the School Code, (7) provide parents 
with written disclosure that the operations of the program are 
not regulated by licensing requirements, and (8) obtain and 
maintain records showing the first and last name and date of 
birth of the child, name, address, and telephone number of each 
parent, emergency contact information, and written 
authorization for medical care.
    Programs or portions of programs requesting Child Care 
Assistance Program (CCAP) funding and otherwise meeting the 
requirements under (j) shall request exemption from the 
Department and be determined exempt prior to receiving funding 
and must annually meet the eligibility requirements and be 
appropriate for payment under the CCAP.
    Programs or portions of programs under (j) that do not 
receive State or federal funds must comply with staff 
qualification and training standards established by rule by the 
Department of Human Services. The Department of Human Services 
shall set such standards after review of Afterschool for 
Children and Teens Now (ACT Now) evidence-based quality 
standards developed for school-age out-of-school time 
programs, feedback from the school-age out-of-school time 
program professionals, and review of out-of-school time 
professional development frameworks and quality tools.
    Out-of-school time programs for school-age youth that 
receive State or federal funds must comply with only those 
staff qualifications and training standards set for the program 
by the State or federal entity issuing the funds. 

    For purposes of (a), (b), (c), (d) and (i) of this Section,

"children who shall have attained the age of 3 years" shall 
mean children
who are 3 years of age, but less than 4 years of 
age, at the time of
enrollment in the program.

(Source: P.A. 99-143, eff. 7-27-15.)

 



    (225 ILCS 10/3)  (from Ch. 23, par. 2213)



    Sec. 3. 
(a) No person, group of persons or corporation may 
operate or
conduct any facility for child care, as defined in 
this Act, without a
license or permit issued by the Department 
or without being approved by
the Department as meeting the 
standards established for such licensing,
with the exception of 
facilities for whom standards are established by the
Department 
of Corrections under Section 3-15-2 of the Unified Code of

Corrections and with the exception of facilities defined in 
Section 2.10
of this Act, and with the exception of programs or 
facilities licensed by
the Department of Human Services under 
the Alcoholism
and Other Drug Abuse and Dependency Act.

    (b) No part day child care facility as described in Section 
2.10 may operate
without written notification to the Department 
or without complying with
Section 7.1.  Notification shall 
include a notarized statement by the facility
that the facility 
complies with state or local health standards and state
fire 
safety standards, and shall be filed with the department every 
2 years.

    (c) The Director of the Department shall establish policies 
and coordinate
activities relating to child care licensing, 
licensing of day care homes
and day care centers.

    (d) Any facility or agency which is exempt from licensing 
may apply for
licensing if licensing is required for some 
government benefit.
    (e) A provider of day care described in items (a) through 
(j) of Section 2.09 of this Act is exempt from licensure.  The 
Department shall provide written verification of exemption and 
description of compliance with standards for the health, 
safety, and development of the children who receive the 
services upon submission by the provider of, in addition to any 
other documentation required by the Department, a notarized 
statement that the facility complies with: (1) the standards of 
the Department of Public Health or local health department, (2) 
the fire safety standards of the State Fire Marshal, and (3) if 
operated in a public school building, the health and safety 
standards of the State Board of Education. 

(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.