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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Child Care Act of 1969 is amended by |
5 | | changing Section 2.09 and by adding Section 5.12 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 |
8 | | which regularly provides day care for less than 24 hours per |
9 | | day , except as provided for in Section 5.12, for (1) more than |
10 | | 8 children in a family home, or (2) more than 3 children in a |
11 | | facility other than a family home, including senior citizen |
12 | | buildings. |
13 | | The term does not include: |
14 | | (a) programs operated by (i) public or private |
15 | | elementary school systems or secondary level school units |
16 | | or institutions of higher learning that serve children who |
17 | | shall have attained the age of 3 years or (ii) private |
18 | | entities on the grounds of public or private elementary or |
19 | | secondary schools and that serve children who have |
20 | | attained the age of 3 years, except that this exception |
21 | | applies only to the facility and not to the private |
22 | | entities' personnel operating the program; |
23 | | (b) programs or that portion of the program which |
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1 | | serves children who shall have attained the age of 3 years |
2 | | and which are recognized by the State Board of Education; |
3 | | (c) educational program or programs serving children |
4 | | who shall have attained the age of 3 years and which are |
5 | | operated by a school which is registered with the State |
6 | | Board of Education and which is recognized or accredited |
7 | | by a recognized national or multistate educational |
8 | | organization or association which regularly recognizes or |
9 | | accredits schools; |
10 | | (d) programs which exclusively serve or that portion |
11 | | of the program which serves children with disabilities who |
12 | | shall have attained the age of 3 years but are less than 21 |
13 | | years of age and which are registered and approved as |
14 | | meeting standards of the State Board of Education and |
15 | | applicable fire marshal standards; |
16 | | (e) facilities operated in connection with a shopping |
17 | | center or service, religious services, or other similar |
18 | | facility, where transient children are cared for |
19 | | temporarily while parents or custodians of the children |
20 | | are occupied on the premises and readily available; |
21 | | (f) any type of day care center that is conducted on |
22 | | federal government premises; |
23 | | (g) special activities programs, including athletics, |
24 | | recreation, crafts instruction, and similar activities |
25 | | conducted on an organized and periodic basis by civic, |
26 | | charitable and governmental organizations, including, but |
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1 | | not limited to, programs offered by park districts |
2 | | organized under the Park District Code to children who |
3 | | shall have attained the age of 3 years old if the program |
4 | | meets no more than 3.5 continuous hours at a time or less |
5 | | and no more than 25 hours during any week, and the park |
6 | | district conducts background investigations on employees |
7 | | of the program pursuant to Section 8-23 of the Park |
8 | | District Code; |
9 | | (h) part day child care facilities, as defined in |
10 | | Section 2.10 of this Act; |
11 | | (i) programs or that portion of the program which: |
12 | | (1) serves children who shall have attained the |
13 | | age of 3 years; |
14 | | (2) is operated by churches or religious |
15 | | institutions as described in Section 501(c)(3) of the |
16 | | federal Internal Revenue Code; |
17 | | (3) receives no governmental aid; |
18 | | (4) is operated as a component of a religious, |
19 | | nonprofit elementary school; |
20 | | (5) operates primarily to provide religious |
21 | | education; and |
22 | | (6) meets appropriate State or local health and |
23 | | fire safety standards; or |
24 | | (j) programs or portions of programs that: |
25 | | (1) serve only school-age children and youth |
26 | | (defined as full-time kindergarten children, as |
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1 | | defined in 89 Ill. Adm. Code 407.45, or older); |
2 | | (2) are organized to promote childhood learning, |
3 | | child and youth development, educational or |
4 | | recreational activities, or character-building; |
5 | | (3) operate primarily during out-of-school time or |
6 | | at times when school is not normally in session; |
7 | | (4) comply with the standards of the Illinois |
8 | | Department of Public Health (77 Ill. Adm. Code 750) or |
9 | | the local health department, the Illinois State Fire |
10 | | Marshal (41 Ill. Adm. Code 100), and the following |
11 | | additional health and safety requirements: procedures |
12 | | for employee and volunteer emergency preparedness and |
13 | | practice drills; procedures to ensure that first aid |
14 | | kits are maintained and ready to use; the placement of |
15 | | a minimum level of liability insurance as determined |
16 | | by the Department; procedures for the availability of |
17 | | a working telephone that is onsite and accessible at |
18 | | all times; procedures to ensure that emergency phone |
19 | | numbers are posted onsite; and a restriction on |
20 | | handgun or weapon possession onsite, except if |
21 | | possessed by a peace officer; |
22 | | (5) perform and maintain authorization and results |
23 | | of criminal history checks through the Illinois State |
24 | | Police and FBI and checks of the Illinois Sex Offender |
25 | | Registry, the National Sex Offender Registry, and |
26 | | Child Abuse and Neglect Tracking System for employees |
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1 | | and volunteers who work directly with children; |
2 | | (6) make hiring decisions in accordance with the |
3 | | prohibitions against barrier crimes as specified in |
4 | | Section 4.2 of this Act or in Section 21B-80 of the |
5 | | School Code; |
6 | | (7) provide parents with written disclosure that |
7 | | the operations of the program are not regulated by |
8 | | licensing requirements; and |
9 | | (8) obtain and maintain records showing the first |
10 | | and last name and date of birth of the child, name, |
11 | | address, and telephone number of each parent, |
12 | | emergency contact information, and written |
13 | | authorization for medical care. |
14 | | Programs or portions of programs requesting Child Care |
15 | | Assistance Program (CCAP) funding and otherwise meeting the |
16 | | requirements under item (j) shall request exemption from the |
17 | | Department and be determined exempt prior to receiving funding |
18 | | and must annually meet the eligibility requirements and be |
19 | | appropriate for payment under the CCAP. |
20 | | Programs or portions of programs under item (j) that do |
21 | | not receive State or federal funds must comply with staff |
22 | | qualification and training standards established by rule by |
23 | | the Department of Human Services. The Department of Human |
24 | | Services shall set such standards after review of Afterschool |
25 | | for Children and Teens Now (ACT Now) evidence-based quality |
26 | | standards developed for school-age out-of-school time |
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1 | | programs, feedback from the school-age out-of-school time |
2 | | program professionals, and review of out-of-school time |
3 | | professional development frameworks and quality tools. |
4 | | Out-of-school time programs for school-age youth that |
5 | | receive State or federal funds must comply with only those |
6 | | staff qualifications and training standards set for the |
7 | | program by the State or federal entity issuing the funds. |
8 | | For purposes of items (a), (b), (c), (d), and (i) of this |
9 | | Section, "children who shall have attained the age of 3 years" |
10 | | shall mean children who are 3 years of age, but less than 4 |
11 | | years of age, at the time of enrollment in the program. |
12 | | (Source: P.A. 103-153, eff. 6-30-23.) |
13 | | (225 ILCS 10/5.12 new) |
14 | | Sec. 5.12. Day care centers operating hours. A day care |
15 | | center may operate for 24 hours or longer and may provide care |
16 | | for a child for a period of up to 12 hours if the parent or |
17 | | guardian of the child is employed in a position that requires |
18 | | regularly scheduled shifts and a 10-hour period elapses |
19 | | between day care visits. The Department shall adopt rules |
20 | | necessary to implement and administer this Section. |