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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Child Care Act of 1969 is amended by | |||||||||||||||||||||||
5 | changing Sections 3 and 7 and by adding Section 6.5 as follows:
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6 | (225 ILCS 10/3) (from Ch. 23, par. 2213)
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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 of | |||||||||||||||||||||||
12 | facilities for whom standards are established by the
Department | |||||||||||||||||||||||
13 | of Corrections under Section 3-15-2 of the Unified Code of
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14 | Corrections and with the exception of facilities defined in | |||||||||||||||||||||||
15 | Section 2.10
of this Act, and with the exception of programs or | |||||||||||||||||||||||
16 | facilities licensed by
the Department of Human Services under | |||||||||||||||||||||||
17 | the Substance Use Disorder Act.
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18 | (b) No part day child care facility as described in Section | |||||||||||||||||||||||
19 | 2.10 may operate
without written notification to the Department | |||||||||||||||||||||||
20 | or without complying with
Section 7.1. Notification shall | |||||||||||||||||||||||
21 | include a notarized statement by the facility
that the facility | |||||||||||||||||||||||
22 | complies with state or local health standards and state
fire | |||||||||||||||||||||||
23 | safety standards, and shall be filed with the department every |
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1 | 2 years.
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2 | (c) The Director of the Department shall establish policies | ||||||
3 | and coordinate
activities relating to child care licensing, | ||||||
4 | licensing of day care homes
and day care centers.
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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 any | ||||||
14 | other documentation required by the Department, a notarized | ||||||
15 | statement that the facility complies with: (1) the standards of | ||||||
16 | the Department of Public Health or local health department, (2) | ||||||
17 | the fire safety standards of the State Fire Marshal, and (3) if | ||||||
18 | operated in a public school building, the health and safety | ||||||
19 | standards of the State Board of Education.
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20 | (f) A qualified child care director, as defined in 89 Ill. | ||||||
21 | Adm. Code 407.130, must be present at the open or close of the | ||||||
22 | facility. A qualified early childhood teacher, as defined in 89 | ||||||
23 | Ill. Adm. Code 407.140, who has been employed by the facility | ||||||
24 | continuously for at least 24 months may otherwise be present | ||||||
25 | for the first or last hour of the workday. | ||||||
26 | (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19 .)
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1 | (225 ILCS 10/6.5 new) | ||||||
2 | Sec. 6.5. Qualifications for early childhood teachers. An | ||||||
3 | early childhood teacher must meet one of the following | ||||||
4 | qualifications: | ||||||
5 | (1) complete 60 semester hours from an accredited | ||||||
6 | college or university and complete the Gateways ECE (Early | ||||||
7 | Childhood Education) Credential Level 1 training; | ||||||
8 | (2) complete 1,560 clock hours of child development | ||||||
9 | experience, 30 semester hours from an accredited college or | ||||||
10 | university, and the Gateways ECE (Early Childhood | ||||||
11 | Education) Credential Level 1 training; | ||||||
12 | (3) complete 2,080 clock hours of child development | ||||||
13 | experience as a teacher assistant in a day care center, | ||||||
14 | complete the Gateways ECE (Early Childhood Education) | ||||||
15 | Credential Level 1 training, and provide proof of | ||||||
16 | enrollment from an accredited college or university until | ||||||
17 | 30 semester hours are attained or proof of enrollment in an | ||||||
18 | early childhood teacher credentialing program until the | ||||||
19 | credential is attained; or | ||||||
20 | (4) complete a credentialing program approved by the | ||||||
21 | Department in accordance with 89 Ill. Adm. Code | ||||||
22 | 407.Appendix G.
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23 | (225 ILCS 10/7) (from Ch. 23, par. 2217)
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24 | Sec. 7. (a) The Department must prescribe and publish |
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1 | minimum standards
for licensing that apply to the various types | ||||||
2 | of facilities for child care
defined in this Act and that are | ||||||
3 | equally applicable to like institutions
under the control of | ||||||
4 | the Department and to foster family homes used by and
under the | ||||||
5 | direct supervision of the Department. The Department shall seek
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6 | the advice and assistance of persons representative of the | ||||||
7 | various types of
child care facilities in establishing such | ||||||
8 | standards. The standards
prescribed and published under this | ||||||
9 | Act take effect as provided in the
Illinois Administrative | ||||||
10 | Procedure Act, and are restricted to
regulations pertaining to | ||||||
11 | the following matters and to any rules and regulations required | ||||||
12 | or permitted by any other Section of this Act:
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13 | (1) The operation and conduct of the facility and | ||||||
14 | responsibility it
assumes for child care;
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15 | (2) In accordance with Section 6.5, the The character, | ||||||
16 | suitability and qualifications of the applicant and
other | ||||||
17 | persons directly responsible for the care and welfare of | ||||||
18 | children
served. All child day care center licensees and | ||||||
19 | employees who are required
to
report child abuse or neglect | ||||||
20 | under the Abused and Neglected Child Reporting
Act shall be | ||||||
21 | required to attend training on recognizing child abuse and
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22 | neglect, as prescribed by Department rules;
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23 | (3) The general financial ability and competence of the | ||||||
24 | applicant to
provide necessary care for children and to | ||||||
25 | maintain prescribed standards;
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26 | (4) The number of individuals or staff required to |
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1 | insure adequate
supervision and care of the children | ||||||
2 | received. The standards shall provide
that each child care | ||||||
3 | institution, maternity center, day care center,
group | ||||||
4 | home, day care home, and group day care home shall have on | ||||||
5 | its
premises during its hours of operation at
least one | ||||||
6 | staff member certified in first aid, in the Heimlich | ||||||
7 | maneuver and
in cardiopulmonary resuscitation by the | ||||||
8 | American Red Cross or other
organization approved by rule | ||||||
9 | of the Department. Child welfare agencies
shall not be | ||||||
10 | subject to such a staffing requirement. The Department may
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11 | offer, or arrange for the offering, on a periodic basis in | ||||||
12 | each community
in this State in cooperation with the | ||||||
13 | American Red Cross, the American
Heart Association or other | ||||||
14 | appropriate organization, voluntary programs to
train | ||||||
15 | operators of foster family homes and day care homes in | ||||||
16 | first aid and
cardiopulmonary resuscitation;
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17 | (5) The appropriateness, safety, cleanliness, and | ||||||
18 | general adequacy of the
premises, including maintenance of | ||||||
19 | adequate fire prevention and health
standards conforming | ||||||
20 | to State laws and municipal codes to provide for the
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21 | physical comfort, care, and well-being of children | ||||||
22 | received;
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23 | (6) Provisions for food, clothing, educational | ||||||
24 | opportunities, program,
equipment and individual supplies | ||||||
25 | to assure the healthy physical, mental,
and spiritual | ||||||
26 | development of children served;
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1 | (7) Provisions to safeguard the legal rights of | ||||||
2 | children served;
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3 | (8) Maintenance of records pertaining to the | ||||||
4 | admission, progress, health,
and discharge of children, | ||||||
5 | including, for day care centers and day care
homes, records | ||||||
6 | indicating each child has been immunized as required by | ||||||
7 | State
regulations. The Department shall require proof that | ||||||
8 | children enrolled in
a facility have been immunized against | ||||||
9 | Haemophilus Influenzae B (HIB);
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10 | (9) Filing of reports with the Department;
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11 | (10) Discipline of children;
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12 | (11) Protection and fostering of the particular
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13 | religious faith of the children served;
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14 | (12) Provisions prohibiting firearms on day care | ||||||
15 | center premises
except in the possession of peace officers;
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16 | (13) Provisions prohibiting handguns on day care home | ||||||
17 | premises except in
the possession of peace officers or | ||||||
18 | other adults who must possess a handgun
as a condition of | ||||||
19 | employment and who reside on the premises of a day care | ||||||
20 | home;
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21 | (14) Provisions requiring that any firearm permitted | ||||||
22 | on day care home
premises, except handguns in the | ||||||
23 | possession of peace officers, shall be
kept in a | ||||||
24 | disassembled state, without ammunition, in locked storage,
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25 | inaccessible to children and that ammunition permitted on | ||||||
26 | day care home
premises shall be kept in locked storage |
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1 | separate from that of disassembled
firearms, inaccessible | ||||||
2 | to children;
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3 | (15) Provisions requiring notification of parents or | ||||||
4 | guardians enrolling
children at a day care home of the | ||||||
5 | presence in the day care home of any
firearms and | ||||||
6 | ammunition and of the arrangements for the separate, locked
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7 | storage of such firearms and ammunition;
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8 | (16) Provisions requiring all licensed child care | ||||||
9 | facility employees who care for newborns and infants to | ||||||
10 | complete training every 3 years on the nature of sudden | ||||||
11 | unexpected infant death (SUID), sudden infant death | ||||||
12 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
13 | American Academy of Pediatrics; and | ||||||
14 | (17) With respect to foster family homes, provisions | ||||||
15 | requiring the Department to review quality of care concerns | ||||||
16 | and to consider those concerns in determining whether a | ||||||
17 | foster family home is qualified to care for children. | ||||||
18 | (b) If, in a facility for general child care, there are | ||||||
19 | children
diagnosed as mentally ill or children diagnosed as | ||||||
20 | having an intellectual or physical disability, who
are | ||||||
21 | determined to be in need of special mental treatment or of | ||||||
22 | nursing
care, or both mental treatment and nursing care, the | ||||||
23 | Department shall seek
the advice and recommendation of the | ||||||
24 | Department of Human Services,
the Department of Public Health, | ||||||
25 | or both
Departments regarding the residential treatment and | ||||||
26 | nursing care provided
by the institution.
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1 | (c) The Department shall investigate any person applying to | ||||||
2 | be
licensed as a foster parent to determine whether there is | ||||||
3 | any evidence of
current drug or alcohol abuse in the | ||||||
4 | prospective foster family. The
Department shall not license a | ||||||
5 | person as a foster parent if drug or alcohol
abuse has been | ||||||
6 | identified in the foster family or if a reasonable suspicion
of | ||||||
7 | such abuse exists, except that the Department may grant a | ||||||
8 | foster parent
license to an applicant identified with an | ||||||
9 | alcohol or drug problem if the
applicant has successfully | ||||||
10 | participated in an alcohol or drug treatment
program, self-help | ||||||
11 | group, or other suitable activities and if the Department | ||||||
12 | determines that the foster family home can provide a safe, | ||||||
13 | appropriate environment and meet the physical and emotional | ||||||
14 | needs of children.
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15 | (d) The Department, in applying standards prescribed and | ||||||
16 | published, as
herein provided, shall offer consultation | ||||||
17 | through employed staff or other
qualified persons to assist | ||||||
18 | applicants and licensees in meeting and
maintaining minimum | ||||||
19 | requirements for a license and to help them otherwise
to | ||||||
20 | achieve programs of excellence related to the care of children | ||||||
21 | served.
Such consultation shall include providing information | ||||||
22 | concerning education
and training in early childhood | ||||||
23 | development to providers of day care home
services. The | ||||||
24 | Department may provide or arrange for such education and
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25 | training for those providers who request such assistance.
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26 | (e) The Department shall distribute copies of licensing
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1 | standards to all licensees and applicants for a license. Each | ||||||
2 | licensee or
holder of a permit shall distribute copies of the | ||||||
3 | appropriate licensing
standards and any other information | ||||||
4 | required by the Department to child
care facilities under its | ||||||
5 | supervision. Each licensee or holder of a permit
shall maintain | ||||||
6 | appropriate documentation of the distribution of the
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7 | standards. Such documentation shall be part of the records of | ||||||
8 | the facility
and subject to inspection by authorized | ||||||
9 | representatives of the Department.
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10 | (f) The Department shall prepare summaries of day care | ||||||
11 | licensing
standards. Each licensee or holder of a permit for a | ||||||
12 | day care facility
shall distribute a copy of the appropriate | ||||||
13 | summary and any other
information required by the Department, | ||||||
14 | to the legal guardian of each child
cared for in that facility | ||||||
15 | at the time when the child is enrolled or
initially placed in | ||||||
16 | the facility. The licensee or holder of a permit for a
day care | ||||||
17 | facility shall secure appropriate documentation of the
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18 | distribution of the summary and brochure. Such documentation | ||||||
19 | shall be a
part of the records of the facility and subject to | ||||||
20 | inspection by an
authorized representative of the Department.
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21 | (g) The Department shall distribute to each licensee and
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22 | holder of a permit copies of the licensing or permit standards | ||||||
23 | applicable
to such person's facility. Each licensee or holder | ||||||
24 | of a permit shall make
available by posting at all times in a | ||||||
25 | common or otherwise accessible area
a complete and current set | ||||||
26 | of licensing standards in order that all
employees of the |
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1 | facility may have unrestricted access to such standards.
All | ||||||
2 | employees of the facility shall have reviewed the standards and | ||||||
3 | any
subsequent changes. Each licensee or holder of a permit | ||||||
4 | shall maintain
appropriate documentation of the current review | ||||||
5 | of licensing standards by
all employees. Such records shall be | ||||||
6 | part of the records of the facility
and subject to inspection | ||||||
7 | by authorized representatives of the Department.
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8 | (h) Any standards involving physical examinations, | ||||||
9 | immunization,
or medical treatment shall include appropriate | ||||||
10 | exemptions for children
whose parents object thereto on the | ||||||
11 | grounds that they conflict with the
tenets and practices of a | ||||||
12 | recognized church or religious organization, of
which the | ||||||
13 | parent is an adherent or member, and for children who should | ||||||
14 | not
be subjected to immunization for clinical reasons.
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15 | (i) The Department, in cooperation with the Department of | ||||||
16 | Public Health, shall work to increase immunization awareness | ||||||
17 | and participation among parents of children enrolled in day | ||||||
18 | care centers and day care homes by publishing on the | ||||||
19 | Department's website information about the benefits of | ||||||
20 | immunization against vaccine preventable diseases, including | ||||||
21 | influenza and pertussis. The information for vaccine | ||||||
22 | preventable diseases shall include the incidence and severity | ||||||
23 | of the diseases, the availability of vaccines, and the | ||||||
24 | importance of immunizing children and persons who frequently | ||||||
25 | have close contact with children. The website content shall be | ||||||
26 | reviewed annually in collaboration with the Department of |
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1 | Public Health to reflect the most current recommendations of | ||||||
2 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
3 | Department shall work with day care centers and day care homes | ||||||
4 | licensed under this Act to ensure that the information is | ||||||
5 | annually distributed to parents in August or September. | ||||||
6 | (j) Any standard adopted by the Department that requires an | ||||||
7 | applicant for a license to operate a day care home to include a | ||||||
8 | copy of a high school diploma or equivalent certificate with | ||||||
9 | his or her application shall be deemed to be satisfied if the | ||||||
10 | applicant includes a copy of a high school diploma or | ||||||
11 | equivalent certificate or a copy of a degree from an accredited | ||||||
12 | institution of higher education or vocational institution or | ||||||
13 | equivalent certificate. | ||||||
14 | (Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17; | ||||||
15 | 100-201, eff. 8-18-17.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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