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| | HB4491 Engrossed | | LRB103 35774 SPS 65856 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Child Care Act of 1969 is amended by |
| 5 | | changing Section 3 as follows:
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| 6 | | (225 ILCS 10/3) (from Ch. 23, par. 2213) |
| 7 | | Sec. 3. (a) No person, group of persons or corporation may |
| 8 | | operate or conduct any facility for child care, as defined in |
| 9 | | this Act, without a license or permit issued by the Department |
| 10 | | or without being approved by the Department as meeting the |
| 11 | | standards established for such licensing, with the exception |
| 12 | | of facilities for whom standards are established by the |
| 13 | | Department of Corrections under Section 3-15-2 of the Unified |
| 14 | | Code of Corrections and with the exception of facilities |
| 15 | | defined in Section 2.10 of this Act, and with the exception of |
| 16 | | programs or facilities licensed by the Department of Human |
| 17 | | Services under the Substance Use Disorder Act. |
| 18 | | (b) No part day child care facility as described in |
| 19 | | Section 2.10 may operate without written notification to the |
| 20 | | Department or without complying with Section 7.1. Notification |
| 21 | | shall include a notarized statement by the facility that the |
| 22 | | facility complies with state or local health standards and |
| 23 | | state fire safety standards, and shall be filed with the |
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| | HB4491 Engrossed | - 2 - | LRB103 35774 SPS 65856 b |
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| 1 | | department every 2 years. |
| 2 | | (c) The Director of the Department shall establish |
| 3 | | policies and coordinate activities relating to child care |
| 4 | | licensing, licensing of day care homes and day care centers. |
| 5 | | (d) Any facility or agency which is exempt from licensing |
| 6 | | may apply for licensing if licensing is required for some |
| 7 | | government benefit. |
| 8 | | (e) A provider of day care described in items (a) through |
| 9 | | (j) of Section 2.09 of this Act is exempt from licensure. The |
| 10 | | Department shall provide written verification of exemption and |
| 11 | | description of compliance with standards for the health, |
| 12 | | safety, and development of the children who receive the |
| 13 | | services upon submission by the provider of, in addition to |
| 14 | | any other documentation required by the Department, a |
| 15 | | notarized statement that the facility complies with: (1) the |
| 16 | | standards of the Department of Public Health or local health |
| 17 | | department, (2) the fire safety standards of the State Fire |
| 18 | | Marshal, and (3) if operated in a public school building, the |
| 19 | | health and safety standards of the State Board of Education. |
| 20 | | (f) Either a qualified child care director, as defined in |
| 21 | | 89 Ill. Adm. Code 407.130, or a qualified early childhood |
| 22 | | teacher, as defined in 89 Ill. Adm. 407.140, with a minimum of |
| 23 | | 2,880 hours of experience as an early childhood teacher, must |
| 24 | | be present for the first and last hour of the workday and at |
| 25 | | the open or close of the facility. |
| 26 | | (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.) |