104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1168

 

Introduced 1/9/2025, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/2.09

    Amends the Child Care Act of 1969. Provides that the definition of "day care center" does not include special activities programs that are conducted by civic, charitable, and governmental organizations on an organized basis (instead of special activities programs that are conducted on an organized and periodic basis). Adds programs offered by arboretums, nature centers, and botanic gardens to the special activities programs that are excluded from the definition of "day care center".


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A BILL FOR

 

HB1168LRB104 05848 AAS 15879 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)
7    (Text of Section before amendment by P.A. 103-594)
8    Sec. 2.09. "Day care center" means any child care facility
9which regularly provides day care for less than 24 hours per
10day, except as provided for in Section 5.12, for (1) more than
118 children in a family home, or (2) more than 3 children in a
12facility other than a family home, including senior citizen
13buildings.
14    The term does not include:
15        (a) programs operated by (i) public or private
16    elementary school systems or secondary level school units
17    or institutions of higher learning that serve children who
18    shall have attained the age of 3 years or (ii) private
19    entities on the grounds of public or private elementary or
20    secondary schools and that serve children who have
21    attained the age of 3 years, except that this exception
22    applies only to the facility and not to the private
23    entities' personnel operating the program;

 

 

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1        (b) programs or that portion of the program which
2    serves children who shall have attained the age of 3 years
3    and which are recognized by the State Board of Education;
4        (c) educational program or programs serving children
5    who shall have attained the age of 3 years and which are
6    operated by a school which is registered with the State
7    Board of Education and which is recognized or accredited
8    by a recognized national or multistate educational
9    organization or association which regularly recognizes or
10    accredits schools;
11        (d) programs which exclusively serve or that portion
12    of the program which serves children with disabilities who
13    shall have attained the age of 3 years but are less than 21
14    years of age and which are registered and approved as
15    meeting standards of the State Board of Education and
16    applicable fire marshal standards;
17        (e) facilities operated in connection with a shopping
18    center or service, religious services, or other similar
19    facility, where transient children are cared for
20    temporarily while parents or custodians of the children
21    are occupied on the premises and readily 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    recreation, crafts instruction, and similar activities
26    conducted on an organized and periodic basis by civic,

 

 

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1    charitable and governmental organizations, including, but
2    not limited to, programs offered by park districts
3    organized under the Park District Code to children who
4    shall have attained the age of 3 years old if the program
5    meets no more than 3.5 continuous hours at a time or less
6    and no more than 25 hours during any week, and the park
7    district conducts background investigations on employees
8    of the program pursuant to Section 8-23 of the Park
9    District Code, and programs offered by arboretums, nature
10    centers, and botanic gardens;
11        (h) part day child care facilities, as defined in
12    Section 2.10 of this Act;
13        (i) programs or that portion of the program which:
14            (1) serves children who shall have attained the
15        age of 3 years;
16            (2) is operated by churches or religious
17        institutions as described in Section 501(c)(3) of the
18        federal Internal Revenue Code;
19            (3) receives no governmental aid;
20            (4) is operated as a component of a religious,
21        nonprofit elementary school;
22            (5) operates primarily to provide religious
23        education; and
24            (6) meets appropriate State or local health and
25        fire safety standards; or
26        (j) programs or portions of programs that:

 

 

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1            (1) serve only school-age children and youth
2        (defined as full-time kindergarten children, as
3        defined in 89 Ill. Adm. Code 407.45, or older);
4            (2) are organized to promote childhood learning,
5        child and youth development, educational or
6        recreational activities, or character-building;
7            (3) operate primarily during out-of-school time or
8        at times when school is not normally in session;
9            (4) comply with the standards of the Illinois
10        Department of Public Health (77 Ill. Adm. Code 750) or
11        the local health department, the Illinois State Fire
12        Marshal (41 Ill. Adm. Code 100), and the following
13        additional health and safety requirements: procedures
14        for employee and volunteer emergency preparedness and
15        practice drills; procedures to ensure that first aid
16        kits are maintained and ready to use; the placement of
17        a minimum level of liability insurance as determined
18        by the Department; procedures for the availability of
19        a working telephone that is onsite and accessible at
20        all times; procedures to ensure that emergency phone
21        numbers are posted onsite; and a restriction on
22        handgun or weapon possession onsite, except if
23        possessed by a peace officer;
24            (5) perform and maintain authorization and results
25        of criminal history checks through the Illinois State
26        Police and FBI and checks of the Illinois Sex Offender

 

 

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

 

 

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1for Children and Teens Now (ACT Now) evidence-based quality
2standards developed for school-age out-of-school time
3programs, feedback from the school-age out-of-school time
4program professionals, and review of out-of-school time
5professional development frameworks and quality tools.
6    Out-of-school time programs for school-age youth that
7receive State or federal funds must comply with only those
8staff qualifications and training standards set for the
9program by the State or federal entity issuing the funds.
10    For purposes of items (a), (b), (c), (d), and (i) of this
11Section, "children who shall have attained the age of 3 years"
12shall mean children who are 3 years of age, but less than 4
13years of age, at the time of enrollment in the program.
14(Source: P.A. 103-153, eff. 6-30-23; 103-952, eff. 1-1-25.)
 
15    (Text of Section after amendment by P.A. 103-594)
16    Sec. 2.09. "Day care center" means any child care facility
17which regularly provides day care for less than 24 hours per
18day, except as provided for in Section 5.12, for (1) more than
198 children in a family home, or (2) more than 3 children in a
20facility other than a family home, including senior citizen
21buildings.
22    The term does not include:
23        (a) programs operated by (i) public or private
24    elementary school systems or secondary level school units
25    or institutions of higher learning that serve children who

 

 

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1    shall have attained the age of 3 years or (ii) private
2    entities on the grounds of public or private elementary or
3    secondary schools and that serve children who have
4    attained the age of 3 years, except that this exception
5    applies only to the facility and not to the private
6    entities' personnel operating the program;
7        (b) programs or that portion of the program which
8    serves children who shall have attained the age of 3 years
9    and which are recognized by the State Board of Education;
10        (c) educational program or programs serving children
11    who shall have attained the age of 3 years and which are
12    operated by a school which is registered with the State
13    Board of Education and which is recognized or accredited
14    by a recognized national or multistate educational
15    organization or association which regularly recognizes or
16    accredits schools;
17        (d) programs which exclusively serve or that portion
18    of the program which serves children with disabilities who
19    shall have attained the age of 3 years but are less than 21
20    years of age and which are registered and approved as
21    meeting standards of the State Board of Education and
22    applicable fire marshal standards;
23        (e) facilities operated in connection with a shopping
24    center or service, religious services, or other similar
25    facility, where transient children are cared for
26    temporarily while parents or custodians of the children

 

 

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1    are occupied on the premises and readily available;
2        (f) any type of day care center that is conducted on
3    federal government premises;
4        (g) special activities programs, including athletics,
5    recreation, crafts instruction, and similar activities
6    conducted on an organized and periodic basis by civic,
7    charitable and governmental organizations, including, but
8    not limited to, programs offered by park districts
9    organized under the Park District Code to children who
10    shall have attained the age of 3 years old if the program
11    meets no more than 3.5 continuous hours at a time or less
12    and no more than 25 hours during any week, and the park
13    district conducts background investigations on employees
14    of the program pursuant to Section 8-23 of the Park
15    District Code, and programs offered by arboretums, nature
16    centers, and botanic gardens;
17        (h) part day child care facilities, as defined in
18    Section 2.10 of this Act;
19        (i) programs or that portion of the program which:
20            (1) serves children who shall have attained the
21        age of 3 years;
22            (2) is operated by churches or religious
23        institutions as described in Section 501(c)(3) of the
24        federal Internal Revenue Code;
25            (3) receives no governmental aid;
26            (4) is operated as a component of a religious,

 

 

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1        nonprofit elementary school;
2            (5) operates primarily to provide religious
3        education; and
4            (6) meets appropriate State or local health and
5        fire safety standards; or
6        (j) programs or portions of programs that:
7            (1) serve only school-age children and youth
8        (defined as full-time kindergarten children, as
9        defined in 89 Ill. Adm. Code 407.45, or older);
10            (2) are organized to promote childhood learning,
11        child and youth development, educational or
12        recreational activities, or character-building;
13            (3) operate primarily during out-of-school time or
14        at times when school is not normally in session;
15            (4) comply with the standards of the Illinois
16        Department of Public Health (77 Ill. Adm. Code 750) or
17        the local health department, the Illinois State Fire
18        Marshal (41 Ill. Adm. Code 100), and the following
19        additional health and safety requirements: procedures
20        for employee and volunteer emergency preparedness and
21        practice drills; procedures to ensure that first aid
22        kits are maintained and ready to use; the placement of
23        a minimum level of liability insurance as determined
24        by the Department; procedures for the availability of
25        a working telephone that is onsite and accessible at
26        all times; procedures to ensure that emergency phone

 

 

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1        numbers are posted onsite; and a restriction on
2        handgun or weapon possession onsite, except if
3        possessed by a peace officer;
4            (5) perform and maintain authorization and results
5        of criminal history checks through the Illinois State
6        Police and FBI and checks of the Illinois Sex Offender
7        Registry, the National Sex Offender Registry, and
8        Child Abuse and Neglect Tracking System for employees
9        and volunteers who work directly with children;
10            (6) make hiring decisions in accordance with the
11        prohibitions against barrier crimes as specified in
12        Section 4.2 of this Act or in Section 21B-80 of the
13        School Code;
14            (7) provide parents with written disclosure that
15        the operations of the program are not regulated by
16        licensing requirements; and
17            (8) obtain and maintain records showing the first
18        and last name and date of birth of the child, name,
19        address, and telephone number of each parent,
20        emergency contact information, and written
21        authorization for medical care.
22    Out-of-school time programs for school-age youth that
23receive State or federal funds must comply with only those
24staff qualifications and training standards set for the
25program by the State or federal entity issuing the funds.
26    For purposes of items (a), (b), (c), (d), and (i) of this

 

 

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1Section, "children who shall have attained the age of 3 years"
2shall mean children who are 3 years of age, but less than 4
3years of age, at the time of enrollment in the program.
4(Source: P.A. 103-153, eff. 6-30-23; 103-594, eff. 7-1-26;
5103-952, eff. 1-1-25; revised 11-26-24.)