SB2552 95TH GENERAL ASSEMBLY

LRB095 19700 DRJ 46060 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2552

Introduced 2/15/2008, by Sen. Matt Murphy

SYNOPSIS AS INTRODUCED:

305 ILCS 5/9A-11.5

Amends the Illinois Public Aid Code. Provides that as a condition of eligibility to participate in the child care assistance program, a child care provider must authorize in writing an investigation to determine whether the child care provider has ever been charged with a crime and, if so, the disposition of those charges. Provides for confidentiality of information received by the Department of Human Services. Eliminates a provision that the Department of Human Services shall request the Department of Children and Family Services to conduct periodic investigations of the Central Register maintained under the Abused and Neglected Child Reporting Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

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

Section 5. The Illinois Public Aid Code is amended by changing Section 9A-11.5 as follows:

(305 ILCS 5/9A-11.5)

Sec. 9A-11.5. Investigate child care providers. Any child care provider receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, do the following:

(1) Authorize authorize in writing on a form prescribed by the Department of Children and Family Services, periodic investigations of the Central Register, as defined in the Abused and Neglected Child Reporting Act, to ascertain if the child care provider has been determined to be a perpetrator in an indicated report of child abuse or neglect. The Department of Children and Family Services shall conduct an investigation of the Central Register at the request of the Department. The Department shall request the Department of Children and Family Services to conduct periodic investigations of the Central Register.

(2) Authorize in writing an investigation to determine if the child care provider has ever been charged with a crime and, if so, the disposition of those charges. Upon this authorization, the Department shall request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation. The Department of State Police shall provide information concerning any criminal charges, and their disposition, whether filed before or on or after the effective date of this amendatory Act of the 95th General Assembly, against a child care provider upon the request of the Department when the request is made in the form and manner required by the Department of State Police. Any information concerning criminal charges and the disposition of those charges obtained by the Department is confidential and may not be transmitted (i) outside the Department except as required in this Section or (ii) to anyone within the Department except as needed for the purposes of determining participation in the child care assistance program.

The Department shall by rule determine when payment to an unlicensed child care provider may be withheld if there is an indicated finding against the provider based on the results of the Central Register search and the criminal background information obtained by the Department in the Central Register.

(Source: P.A. 92-825, eff. 8-21-02.)

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