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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 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 | |||||||||||||||||||
9 | which regularly provides day care for less than 24 hours per | |||||||||||||||||||
10 | day, except as provided for in Section 5.12, for (1) more than | |||||||||||||||||||
11 | 8 children in a family home, or (2) more than 3 children in a | |||||||||||||||||||
12 | facility other than a family home, including senior citizen | |||||||||||||||||||
13 | buildings. | |||||||||||||||||||
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 | ||||||
17 | Assistance Program (CCAP) funding and otherwise meeting the | ||||||
18 | requirements under item (j) shall request exemption from the | ||||||
19 | Department and be determined exempt prior to receiving funding | ||||||
20 | and must annually meet the eligibility requirements and be | ||||||
21 | appropriate for payment under the CCAP. | ||||||
22 | Programs or portions of programs under item (j) that do | ||||||
23 | not receive State or federal funds must comply with staff | ||||||
24 | qualification and training standards established by rule by | ||||||
25 | the Department of Human Services. The Department of Human | ||||||
26 | Services shall set such standards after review of Afterschool |
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1 | for Children and Teens Now (ACT Now) evidence-based quality | ||||||
2 | standards developed for school-age out-of-school time | ||||||
3 | programs, feedback from the school-age out-of-school time | ||||||
4 | program professionals, and review of out-of-school time | ||||||
5 | professional development frameworks and quality tools. | ||||||
6 | Out-of-school time programs for school-age youth that | ||||||
7 | receive State or federal funds must comply with only those | ||||||
8 | staff qualifications and training standards set for the | ||||||
9 | program by the State or federal entity issuing the funds. | ||||||
10 | For purposes of items (a), (b), (c), (d), and (i) of this | ||||||
11 | Section, "children who shall have attained the age of 3 years" | ||||||
12 | shall mean children who are 3 years of age, but less than 4 | ||||||
13 | years 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 | ||||||
17 | which regularly provides day care for less than 24 hours per | ||||||
18 | day, except as provided for in Section 5.12, for (1) more than | ||||||
19 | 8 children in a family home, or (2) more than 3 children in a | ||||||
20 | facility other than a family home, including senior citizen | ||||||
21 | buildings. | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
23 | receive State or federal funds must comply with only those | ||||||
24 | staff qualifications and training standards set for the | ||||||
25 | program 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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| |||||||
1 | Section, "children who shall have attained the age of 3 years" | ||||||
2 | shall mean children who are 3 years of age, but less than 4 | ||||||
3 | years 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; | ||||||
5 | 103-952, eff. 1-1-25; revised 11-26-24.) |