93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6067


 
Introduced 2/6/2004, by Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Child Care Act of 1969.  Makes a technical change in a Section concerning criminal background investigations.
















LRB093 15540 AMC 41147 b

















 


 


A BILL FOR









 











HB6067

LRB093 15540 AMC 41147 b






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    AN ACT concerning child care.

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


 
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    Section 5. The Child Care Act of 1969 is amended  by 
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changing Section 4.1 as follows:
 



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



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    Sec. 4.1. Criminal Background Investigations. The 
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Department of Children and Family Services shall
require that 
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each child care facility license applicant as part of the

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application process, and each employee of a child care facility 
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as a
condition of employment, authorize an investigation to 
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determine if such
applicant or employee has ever been charged 
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with a crime and if so, the
disposition of those charges; this 
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authorization shall indicate the scope of
the inquiry and the 
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agencies which may be contacted. Upon this
authorization, the 
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Director shall request and receive information and
assistance 
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from any federal, State or local governmental agency as part of

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the authorized investigation.
Each applicant shall submit his 
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or her fingerprints to the Department
of State Police in the 
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form and manner prescribed by the Department of State
Police.  
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These fingerprints shall be checked against the fingerprint 
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records
now and hereafter filed in the Department of State

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Police and Federal Bureau of Investigation criminal history 
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records
databases.  The Department of State Police shall charge

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a fee for conducting the criminal history records check, which 
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shall be
deposited in the State Police Services Fund and shall 
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not exceed the actual
cost of the records check.
The Department 
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of State Police shall provide
information concerning any 
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criminal charges, and their disposition, now or
hereafter 
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filed, against an applicant or child care facility employee 
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upon
request of the Department of Children and Family Services 
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when the request
is made in the form and manner required by the 
 


 






HB6067
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LRB093 15540 AMC 41147 b




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Department of State Police.

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    Information concerning convictions of a license applicant 
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investigated
under this Section, including the source of the 
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information and any
conclusions or recommendations derived 
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from the information, shall be
provided, upon request, to such 
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applicant prior to final action by the
Department on the 
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application.
State
conviction information provided by the 
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Department of State Police regarding
employees
or prospective 
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employees of child care facilities licensed under this Act

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shall be provided to the operator of such facility, and, upon 
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request, to
the employee or prospective employee. Any 
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information concerning criminal
charges and the disposition of 
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such charges obtained by the Department
shall be confidential 
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and may not be transmitted outside the Department,
except as 
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required herein, and may not be transmitted to anyone within 
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the
Department except as needed for the purpose of evaluating 
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an application or
a child care facility employee. Only 
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information and standards which bear a
reasonable and rational 
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relation to the performance of a child care
facility shall be 
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used by the Department or any licensee. Any employee of
the 
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Department of Children and Family Services, Department of State 
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Police,
or a child care facility receiving confidential 
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information under this
Section who gives or causes to be given 
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any confidential information
concerning any criminal 
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convictions of a child care facility applicant, or
child care 
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facility employee, shall be guilty of a Class A misdemeanor

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unless release of such information is authorized by this 
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Section.

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    A child care facility may hire, on a probationary basis, 
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any employee
authorizing a criminal background investigation 
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under this Section, pending
the result of such investigation. 
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Employees shall be notified prior to
hiring that such 
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employment may be terminated on the basis of criminal

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background information obtained by the facility.

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(Source: P.A. 93-418, eff. 1-1-04.)