HB2277 EngrossedLRB103 05264 AMQ 50282 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 2.09 as follows:
 
6    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
7    Sec. 2.09. "Day care center" means any child care facility
8which regularly provides day care for less than 24 hours per
9day for (1) more than 8 children in a family home, or (2) more
10than 3 children in a facility other than a family home,
11including senior citizen buildings.
12    The term does not include:
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
17    entities on the grounds of public or private elementary or
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;
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;
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
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
14    applicable fire marshal standards;
15        (e) facilities operated in connection with a shopping
16    center or service, religious services, or other similar
17    facility, where transient children are cared for
18    temporarily while parents or custodians of the children
19    are occupied on the premises and readily available;
20        (f) any type of day care center that is conducted on
21    federal government premises;
22        (g) special activities programs, including athletics,
23    recreation, crafts instruction, and similar activities
24    conducted on an organized and periodic basis by civic,
25    charitable and governmental organizations, including, but
26    not limited to, programs offered by park districts

 

 

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1    organized under the Park District Code to children who
2    shall have attained the age of 3 years old if the program
3    meets no more than 3.5 continuous hours at a time or less
4    and no more than 25 hours during any week, and the park
5    district conducts background investigations on employees
6    of the program pursuant to Section 8-23 of the Park
7    District Code;
8        (h) part day child care facilities, as defined in
9    Section 2.10 of this Act;
10        (i) programs or that portion of the program which:
11            (1) serves children who shall have attained the
12        age of 3 years;
13            (2) is operated by churches or religious
14        institutions as described in Section 501(c)(3) of the
15        federal Internal Revenue Code;
16            (3) receives no governmental aid;
17            (4) is operated as a component of a religious,
18        nonprofit elementary school;
19            (5) operates primarily to provide religious
20        education; and
21            (6) meets appropriate State or local health and
22        fire safety standards; or
23        (j) programs or portions of programs that:
24            (1) serve only school-age children and youth
25        (defined as full-time kindergarten children, as
26        defined in 89 Ill. Adm. Code 407.45, or older);

 

 

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1            (2) are organized to promote childhood learning,
2        child and youth development, educational or
3        recreational activities, or character-building;
4            (3) operate primarily during out-of-school time or
5        at times when school is not normally in session;
6            (4) comply with the standards of the Illinois
7        Department of Public Health (77 Ill. Adm. Code 750) or
8        the local health department, the Illinois State Fire
9        Marshal (41 Ill. Adm. Code 100), and the following
10        additional health and safety requirements: procedures
11        for employee and volunteer emergency preparedness and
12        practice drills; procedures to ensure that first aid
13        kits are maintained and ready to use; the placement of
14        a minimum level of liability insurance as determined
15        by the Department; procedures for the availability of
16        a working telephone that is onsite and accessible at
17        all times; procedures to ensure that emergency phone
18        numbers are posted onsite; and a restriction on
19        handgun or weapon possession onsite, except if
20        possessed by a peace officer;
21            (5) perform and maintain authorization and results
22        of criminal history checks through the Illinois State
23        Police and FBI and checks of the Illinois Sex Offender
24        Registry, the National Sex Offender Registry, and
25        Child Abuse and Neglect Tracking System for employees
26        and volunteers who work directly with children;

 

 

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1            (6) make hiring decisions in accordance with the
2        prohibitions against barrier crimes as specified in
3        Section 4.2 of this Act or in Section 21B-80 of the
4        School Code;
5            (7) provide parents with written disclosure that
6        the operations of the program are not regulated by
7        licensing requirements; and
8            (8) obtain and maintain records showing the first
9        and last name and date of birth of the child, name,
10        address, and telephone number of each parent,
11        emergency contact information, and written
12        authorization for medical care.
13    Programs or portions of programs requesting Child Care
14Assistance Program (CCAP) funding and otherwise meeting the
15requirements under item (j) shall request exemption from the
16Department and be determined exempt prior to receiving funding
17and must annually meet the eligibility requirements and be
18appropriate for payment under the CCAP.
19    Programs or portions of programs under item (j) that do
20not receive State or federal funds must comply with staff
21qualification and training standards established by rule by
22the Department of Human Services. The Department of Human
23Services shall set such standards after review of Afterschool
24for Children and Teens Now (ACT Now) evidence-based quality
25standards developed for school-age out-of-school time
26programs, feedback from the school-age out-of-school time

 

 

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1program professionals, and review of out-of-school time
2professional development frameworks and quality tools.
3    Out-of-school time programs for school-age youth that
4receive State or federal funds must comply with only those
5staff qualifications and training standards set for the
6program by the State or federal entity issuing the funds.
7    For purposes of items (a), (b), (c), (d), and (i) of this
8Section, "children who shall have attained the age of 3 years"
9shall mean children who are 3 years of age, but less than 4
10years of age, at the time of enrollment in the program.
11(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
12100-201, eff. 8-18-17.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.