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| | HB4272 Engrossed | | LRB102 22174 SPS 31303 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,
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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 Section 2.09 as follows:
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6 | | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
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7 | | Sec. 2.09.
"Day care center" means any child care facility |
8 | | which regularly
provides day care for less than 24 hours per |
9 | | day for (1) more than 8 children
in a family home, or (2) more |
10 | | than 3 children in a facility other than a
family home, |
11 | | including senior citizen buildings. |
12 | | The term does not include:
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13 | | (a)
programs operated by (i) public or private |
14 | | elementary school systems or
secondary level school units |
15 | | or institutions of higher learning that
serve children who |
16 | | shall have attained the age of 3 years or (ii) private
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17 | | entities on the grounds of public or private elementary or
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18 | | secondary schools and that serve children who have |
19 | | attained the age of 3
years, except that this exception |
20 | | applies only to the facility and not to the
private |
21 | | entities' personnel operating the program;
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22 | | (b)
programs
or that portion of the program which |
23 | | serves children who shall have attained
the age of 3 years |
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1 | | and which are recognized by the State Board of Education;
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2 | | (c) educational program or programs serving children |
3 | | who shall have attained
the age of 3 years and which are |
4 | | operated by a school which is registered
with the State |
5 | | Board of Education and which is recognized or accredited
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6 | | by a recognized national or multistate
educational |
7 | | organization or association which regularly recognizes or |
8 | | accredits
schools; |
9 | | (d) programs which exclusively serve or that portion |
10 | | of the
program which serves children with disabilities who |
11 | | shall have attained the age
of 3 years but are less than 21 |
12 | | years of age and which are registered and
approved as |
13 | | meeting standards of the State Board of Education and
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14 | | applicable fire marshal standards; |
15 | | (e) facilities operated in connection
with a shopping |
16 | | center or service, religious services, or other similar
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17 | | facility, where transient children are cared for |
18 | | temporarily while parents
or custodians of the children |
19 | | are occupied on the premises or within 0.15 miles away |
20 | | from the location of the child care facility and readily
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21 | | available; |
22 | | (f) any type of day care center that is
conducted on |
23 | | federal government premises; |
24 | | (g) special activities
programs, including athletics, |
25 | | crafts instruction, and similar activities
conducted on an |
26 | | organized and periodic basis by civic, charitable and
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1 | | governmental organizations; |
2 | | (h) part day child care facilities, as
defined in |
3 | | Section 2.10 of this Act; |
4 | | (i) programs or that portion of
the program which: |
5 | | (1) serves children who shall have attained the |
6 | | age of
3 years; |
7 | | (2) is operated by churches or religious |
8 | | institutions as described
in Section 501(c)(3) of the |
9 | | federal Internal Revenue Code; |
10 | | (3) receives
no governmental aid; |
11 | | (4) is operated as a component of a religious, |
12 | | nonprofit
elementary school; |
13 | | (5) operates primarily to provide religious |
14 | | education;
and |
15 | | (6) meets appropriate State or local health and |
16 | | fire safety standards; or |
17 | | (j) programs or portions of programs that: |
18 | | (1) serve only school-age children and youth |
19 | | (defined as full-time kindergarten children, as |
20 | | defined in 89 Ill. Adm. Code 407.45, or older); |
21 | | (2) are organized to promote childhood learning, |
22 | | child and youth development, educational or |
23 | | recreational activities, or character-building; |
24 | | (3) operate primarily during out-of-school time or |
25 | | at times when school is not normally in session; |
26 | | (4) comply with the standards of the Illinois |
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1 | | Department of Public Health (77 Ill. Adm. Code 750) or |
2 | | the local health department, the Illinois State Fire |
3 | | Marshal (41 Ill. Adm. Code 100), and the following |
4 | | additional health and safety requirements: procedures |
5 | | for employee and volunteer emergency preparedness and |
6 | | practice drills; procedures to ensure that first aid |
7 | | kits are maintained and ready to use; the placement of |
8 | | a minimum level of liability insurance as determined |
9 | | by the Department; procedures for the availability of |
10 | | a working telephone that is onsite and accessible at |
11 | | all times; procedures to ensure that emergency phone |
12 | | numbers are posted onsite; and a restriction on |
13 | | handgun or weapon possession onsite, except if |
14 | | possessed by a peace officer; |
15 | | (5) perform and maintain authorization and results |
16 | | of criminal history checks through the Illinois State |
17 | | Police and FBI and checks of the Illinois Sex Offender |
18 | | Registry, the National Sex Offender Registry, and |
19 | | Child Abuse and Neglect Tracking System for employees |
20 | | and volunteers who work directly with children; |
21 | | (6) make hiring decisions in accordance with the |
22 | | prohibitions against barrier crimes as specified in |
23 | | Section 4.2 of this Act or in Section 21B-80 of the |
24 | | School Code; |
25 | | (7) provide parents with written disclosure that |
26 | | the operations of the program are not regulated by |
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1 | | licensing requirements; and |
2 | | (8) obtain and maintain records showing the first |
3 | | and last name and date of birth of the child, name, |
4 | | address, and telephone number of each parent, |
5 | | emergency contact information, and written |
6 | | authorization for medical care. |
7 | | Programs or portions of programs requesting Child Care |
8 | | Assistance Program (CCAP) funding and otherwise meeting the |
9 | | requirements under item (j) shall request exemption from the |
10 | | Department and be determined exempt prior to receiving funding |
11 | | and must annually meet the eligibility requirements and be |
12 | | appropriate for payment under the CCAP. |
13 | | Programs or portions of programs under item (j) that do |
14 | | not receive State or federal funds must comply with staff |
15 | | qualification and training standards established by rule by |
16 | | the Department of Human Services. The Department of Human |
17 | | Services shall set such standards after review of Afterschool |
18 | | for Children and Teens Now (ACT Now) evidence-based quality |
19 | | standards developed for school-age out-of-school time |
20 | | programs, feedback from the school-age out-of-school time |
21 | | program professionals, and review of out-of-school time |
22 | | professional development frameworks and quality tools. |
23 | | Out-of-school time programs for school-age youth that |
24 | | receive State or federal funds must comply with only those |
25 | | staff qualifications and training standards set for the |
26 | | program by the State or federal entity issuing the funds.
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1 | | For purposes of items (a), (b), (c), (d), and (i) of this |
2 | | Section,
"children who shall have attained the age of 3 years" |
3 | | shall mean children
who are 3 years of age, but less than 4 |
4 | | years of age, at the time of
enrollment in the program.
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5 | | (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16; |
6 | | 100-201, eff. 8-18-17.)
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