97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0104

 

Introduced 1/27/2011, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/3.2 new
225 ILCS 10/4  from Ch. 23, par. 2214
225 ILCS 10/5  from Ch. 23, par. 2215
225 ILCS 10/6  from Ch. 23, par. 2216
225 ILCS 10/7  from Ch. 23, par. 2217
225 ILCS 10/8  from Ch. 23, par. 2218
225 ILCS 10/8.1  from Ch. 23, par. 2218.1

    Amends the Child Care Act of 1969. Provides that the Illinois Department of Children and Family Services shall charge a fee not to exceed $500 for issuing or renewing a license on every child care facility, other than a foster home. Provides that the Department may fine a day care facility for a violation of the Act. Provides that all fees and fines collected by the Department under the Act shall be deposited into the DCFS Children's Services Fund and must be used to enhance services by the Department pursuant to the Act. Provides that the Department shall publish information on substantiated violations found in all day care facilities licensed under this Act. Requires that the Department prescribe and publish a schedule for the fees and fines for violations of day care centers under the Act. Adds as one of the grounds for discipline the failure to pay a renewal fee or fine owed to the Department under the Act. Makes other changes.


LRB097 02711 CEL 42730 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0104LRB097 02711 CEL 42730 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 Sections 4, 5, 6, 7, 8, and 8.1 and by adding Section
63.2 as follows:
 
7    (225 ILCS 10/3.2 new)
8    Sec. 3.2. Licensing fees; fines; DCFS Children's Services
9Fund.
10    (a) The Department shall charge a fee for issuing or
11renewing a license on every child care facility, other than a
12foster home. These fees shall be paid to the Department upon
13the child care facility's application for licensure or renewal.
14The Department shall adopt rules pursuant to the Illinois
15Administrative Procedure Act pertaining to rate setting for
16licensing fees. Any fee for licensure application or renewal
17for a day care home, as defined in this Act, shall not exceed
18$500.
19    (b) The Department may assess a fine on day care centers
20for a violation of this Act. The Department shall adopt rules
21pursuant to the Illinois Administrative Procedure Act
22pertaining to and setting the fines established under this Act.
23No fine shall exceed $500 per violation.

 

 

SB0104- 2 -LRB097 02711 CEL 42730 b

1    (c) All fees and fines collected by the Department under
2this Act shall be deposited into the DCFS Children's Services
3Fund and must be used to enhance services by the Department
4pursuant to this Act.
 
5    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
6    Sec. 4. License requirement; application; notice.
7    (a) Any person, group of persons, or corporation who or
8which receives children or arranges for care or placement of
9one or more children unrelated to the operator must apply for a
10license to operate one of the types of facilities defined in
11Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
12relative who receives a child or children for placement by the
13Department on a full-time basis may apply for a license to
14operate a foster family home as defined in Section 2.17 of this
15Act.
16    (a-5) Any agency, person, group of persons, association,
17organization, corporation, institution, center, or group
18providing adoption services must be licensed by the Department
19as a child welfare agency as defined in Section 2.08 of this
20Act. "Providing adoption services" as used in this Act,
21includes facilitating or engaging in adoption services.
22    (b) Application for a license to operate a child care
23facility must be made to the Department in the manner and on
24forms prescribed by it. An application to operate a foster
25family home shall include, at a minimum: a completed written

 

 

SB0104- 3 -LRB097 02711 CEL 42730 b

1form; written authorization by the applicant and all adult
2members of the applicant's household to conduct a criminal
3background investigation; medical evidence in the form of a
4medical report, on forms prescribed by the Department, that the
5applicant and all members of the household are free from
6communicable diseases or physical and mental conditions that
7affect their ability to provide care for the child or children;
8the names and addresses of at least 3 persons not related to
9the applicant who can attest to the applicant's moral
10character; and fingerprints submitted by the applicant and all
11adult members of the applicant's household.
12    (b-5) Application for a license to operate a child care
13facility, other than a foster home, shall include an
14application fee. The Department shall adopt rules and policies
15pursuant to the Illinois Administrative Procedure Act to set a
16fee schedule. Any fee for licensure application or renewal for
17a day care home, as defined in this Act, shall not exceed $500.
18    (c) The Department shall notify the public when a child
19care institution, maternity center, or group home licensed by
20the Department undergoes a change in (i) the range of care or
21services offered at the facility, (ii) the age or type of
22children served, or (iii) the area within the facility used by
23children. The Department shall notify the public of the change
24in a newspaper of general circulation in the county or
25municipality in which the applicant's facility is or is
26proposed to be located.

 

 

SB0104- 4 -LRB097 02711 CEL 42730 b

1    (d) If, upon examination of the facility and investigation
2of persons responsible for care of children, the Department is
3satisfied that the facility and responsible persons reasonably
4meet standards prescribed for the type of facility for which
5application is made, and has paid the applicable application
6fee, then the Department it shall issue a license in proper
7form, designating on that license the type of child care
8facility and, except for a child welfare agency, the number of
9children to be served at any one time.
10    (e) The Department shall not issue or renew the license of
11any child welfare agency providing adoption services, unless
12the agency (i) is officially recognized by the United States
13Internal Revenue Service as a tax-exempt organization
14described in Section 501(c)(3) of the Internal Revenue Code of
151986 (or any successor provision of federal tax law) and (ii)
16is in compliance with all of the standards necessary to
17maintain its status as an organization described in Section
18501(c)(3) of the Internal Revenue Code of 1986 (or any
19successor provision of federal tax law). The Department shall
20grant a grace period of 24 months from the effective date of
21this amendatory Act of the 94th General Assembly for existing
22child welfare agencies providing adoption services to obtain
23501(c)(3) status. The Department shall permit an existing child
24welfare agency that converts from its current structure in
25order to be recognized as a 501(c)(3) organization as required
26by this Section to either retain its current license or

 

 

SB0104- 5 -LRB097 02711 CEL 42730 b

1transfer its current license to a newly formed entity, if the
2creation of a new entity is required in order to comply with
3this Section, provided that the child welfare agency
4demonstrates that it continues to meet all other licensing
5requirements and that the principal officers and directors and
6programs of the converted child welfare agency or newly
7organized child welfare agency are substantially the same as
8the original. The Department shall have the sole discretion to
9grant a one year extension to any agency unable to obtain
10501(c)(3) status within the timeframe specified in this
11subsection (e), provided that such agency has filed an
12application for 501(c)(3) status with the Internal Revenue
13Service within the 2-year timeframe specified in this
14subsection (e).
15(Source: P.A. 94-586, eff. 8-15-05.)
 
16    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
17    Sec. 5. (a) In respect to child care institutions,
18maternity centers, child welfare agencies, day care centers,
19day care agencies, and group homes, the Department, upon
20receiving application filed in proper order, shall examine the
21facilities and persons responsible for care of children
22therein.
23    (b) In respect to foster family and day care homes,
24applications may be filed on behalf of such homes by a licensed
25child welfare agency, by a State agency authorized to place

 

 

SB0104- 6 -LRB097 02711 CEL 42730 b

1children in foster care or by out-of-State agencies approved by
2the Department to place children in this State. In respect to
3day care homes, applications may be filed on behalf of such
4homes by a licensed day care agency or licensed child welfare
5agency. In applying for license in behalf of a home in which
6children are placed by and remain under supervision of the
7applicant agency, such agency shall certify that the home and
8persons responsible for care of unrelated children therein, or
9the home and relatives responsible for the care of related
10children therein, were found to be in reasonable compliance
11with standards prescribed by the Department for the type of
12care indicated.
13    (c) The Department shall not allow any person to examine
14facilities under a provision of this Act who has not passed an
15examination demonstrating that such person is familiar with
16this Act and with the appropriate standards and regulations of
17the Department.
18    (d) With the exception of day care centers, day care homes,
19and group day care homes, licenses shall be issued in such form
20and manner as prescribed by the Department and are valid for 4
21years from the date issued, unless revoked by the Department or
22voluntarily surrendered by the licensee. Licenses issued for
23day care centers, day care homes, and group day care homes
24shall be valid for 3 years from the date issued, unless revoked
25by the Department or voluntarily surrendered by the licensee.
26When a licensee has made timely and sufficient application for

 

 

SB0104- 7 -LRB097 02711 CEL 42730 b

1the renewal of a license or a new license, including payment of
2the required fee, with reference to any activity of a
3continuing nature, the existing license shall continue in full
4force and effect for up to 30 days until the final agency
5decision on the application has been made. The Department may
6further extend the period in which such decision must be made
7in individual cases for up to 30 days, but such extensions
8shall be only upon good cause shown. If for any reason the
9renewal process is not completed within 6 months of the
10submission of the renewal application, then the license expires
11and under no circumstances shall an additional extension be
12granted by the Department.
13    (e) The Department may issue one 6-month permit to a newly
14established facility for child care to allow that facility
15reasonable time to become eligible for a full license. If the
16facility for child care is a foster family home, or day care
17home the Department may issue one 2-month permit only.
18    (f) The Department may issue an emergency permit to a child
19care facility taking in children as a result of the temporary
20closure for more than 2 weeks of a licensed child care facility
21due to a natural disaster. An emergency permit under this
22subsection shall be issued to a facility only if the persons
23providing child care services at the facility were employees of
24the temporarily closed day care center at the time it was
25closed. No investigation of an employee of a child care
26facility receiving an emergency permit under this subsection

 

 

SB0104- 8 -LRB097 02711 CEL 42730 b

1shall be required if that employee has previously been
2investigated at another child care facility. No emergency
3permit issued under this subsection shall be valid for more
4than 90 days after the date of issuance.
5    (g) During the hours of operation of any licensed child
6care facility, authorized representatives of the Department
7may without notice visit the facility for the purpose of
8determining its continuing compliance with this Act or
9regulations adopted pursuant thereto.
10    (h) Day care centers, day care homes, and group day care
11homes shall be monitored at least annually by a licensing
12representative from the Department or the agency that
13recommended licensure.
14(Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 89-626,
15eff. 8-9-96.)
 
16    (225 ILCS 10/6)  (from Ch. 23, par. 2216)
17    Sec. 6. (a) A licensed facility operating as a "child care
18institution", "maternity center", "child welfare agency", "day
19care agency" or "day care center" must apply for renewal of its
20license held, the application to be made to the Department on
21forms prescribed by it. The Department shall charge a fee for
22the renewal of a license as required in Section 3.2 of this
23Act.
24    (b) The Department, a duly licensed child welfare agency or
25a suitable agency or person designated by the Department as its

 

 

SB0104- 9 -LRB097 02711 CEL 42730 b

1agent to do so, must re-examine every child care facility for
2renewal of license, including in that process the examination
3of the premises and records of the facility as the Department
4considers necessary to determine that minimum standards for
5licensing continue to be met, and random surveys of parents or
6legal guardians who are consumers of such facilities' services
7to assess the quality of care at such facilities. In the case
8of foster family homes, or day care homes under the supervision
9of or otherwise required to be licensed by the Department, or
10under supervision of a licensed child welfare agency or day
11care agency, the examination shall be made by the Department,
12or agency supervising such homes. If the Department is
13satisfied that the facility continues to maintain minimum
14standards which it prescribes and publishes, it shall renew the
15license to operate the facility.
16    (c) If a child care facility's license is revoked, or if
17the Department refuses to renew a facility's license, the
18facility may not reapply for a license before the expiration of
1912 months following the Department's action; provided,
20however, that the denial of a reapplication for a license
21pursuant to this subsection must be supported by evidence that
22the prior revocation renders the applicant unqualified or
23incapable of satisfying the standards and rules promulgated by
24the Department pursuant to this Act or maintaining a facility
25which adheres to such standards and rules.
26(Source: P.A. 86-554.)
 

 

 

SB0104- 10 -LRB097 02711 CEL 42730 b

1    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
2    Sec. 7. (a) The Department must prescribe and publish
3minimum standards for licensing that apply to the various types
4of facilities for child care defined in this Act and that are
5equally applicable to like institutions under the control of
6the Department and to foster family homes used by and under the
7direct supervision of the Department. The Department shall seek
8the advice and assistance of persons representative of the
9various types of child care facilities in establishing such
10standards. The standards prescribed and published under this
11Act take effect as provided in the Illinois Administrative
12Procedure Act, and are restricted to regulations pertaining to
13the following matters and to any rules and regulations required
14or permitted by any other Section of this Act:
15        (1) The operation and conduct of the facility and
16    responsibility it assumes for child care;
17        (2) The character, suitability and qualifications of
18    the applicant and other persons directly responsible for
19    the care and welfare of children served. All child day care
20    center licensees and employees who are required to report
21    child abuse or neglect under the Abused and Neglected Child
22    Reporting Act shall be required to attend training on
23    recognizing child abuse and neglect, as prescribed by
24    Department rules;
25        (3) The general financial ability and competence of the

 

 

SB0104- 11 -LRB097 02711 CEL 42730 b

1    applicant to provide necessary care for children and to
2    maintain prescribed standards;
3        (4) The number of individuals or staff required to
4    insure adequate supervision and care of the children
5    received. The standards shall provide that each child care
6    institution, maternity center, day care center, group
7    home, day care home, and group day care home shall have on
8    its premises during its hours of operation at least one
9    staff member certified in first aid, in the Heimlich
10    maneuver and in cardiopulmonary resuscitation by the
11    American Red Cross or other organization approved by rule
12    of the Department. Child welfare agencies shall not be
13    subject to such a staffing requirement. The Department may
14    offer, or arrange for the offering, on a periodic basis in
15    each community in this State in cooperation with the
16    American Red Cross, the American Heart Association or other
17    appropriate organization, voluntary programs to train
18    operators of foster family homes and day care homes in
19    first aid and cardiopulmonary resuscitation;
20        (5) The appropriateness, safety, cleanliness and
21    general adequacy of the premises, including maintenance of
22    adequate fire prevention and health standards conforming
23    to State laws and municipal codes to provide for the
24    physical comfort, care and well-being of children
25    received;
26        (6) Provisions for food, clothing, educational

 

 

SB0104- 12 -LRB097 02711 CEL 42730 b

1    opportunities, program, equipment and individual supplies
2    to assure the healthy physical, mental and spiritual
3    development of children served;
4        (7) Provisions to safeguard the legal rights of
5    children served;
6        (8) Maintenance of records pertaining to the
7    admission, progress, health and discharge of children,
8    including, for day care centers and day care homes, records
9    indicating each child has been immunized as required by
10    State regulations. The Department shall require proof that
11    children enrolled in a facility have been immunized against
12    Haemophilus Influenzae B (HIB);
13        (9) Filing of reports with the Department;
14        (10) Discipline of children;
15        (11) Protection and fostering of the particular
16    religious faith of the children served;
17        (12) Provisions prohibiting firearms on day care
18    center premises except in the possession of peace officers;
19        (13) Provisions prohibiting handguns on day care home
20    premises except in the possession of peace officers or
21    other adults who must possess a handgun as a condition of
22    employment and who reside on the premises of a day care
23    home;
24        (14) Provisions requiring that any firearm permitted
25    on day care home premises, except handguns in the
26    possession of peace officers, shall be kept in a

 

 

SB0104- 13 -LRB097 02711 CEL 42730 b

1    disassembled state, without ammunition, in locked storage,
2    inaccessible to children and that ammunition permitted on
3    day care home premises shall be kept in locked storage
4    separate from that of disassembled firearms, inaccessible
5    to children;
6        (15) Provisions requiring notification of parents or
7    guardians enrolling children at a day care home of the
8    presence in the day care home of any firearms and
9    ammunition and of the arrangements for the separate, locked
10    storage of such firearms and ammunition.
11    (a-5) The Department must prescribe and publish schedules
12for licensure application and licensing renewal fees that apply
13to the various types of child care facilities, other than
14foster homes. The fee and fine schedules prescribed and
15published under this Act take effect as provided in the
16Illinois Administrative Procedure Act.
17    (a-10) The Department shall publish information on
18substantiated violations found in all day care facilities
19licensed under this Act. The Department must prescribe and
20publish schedules of fines that apply to day care centers for
21violations of this Act. The fine schedules prescribed and
22published under this Act take effect as provided in the
23Illinois Administrative Procedure Act.
24    (b) If, in a facility for general child care, there are
25children diagnosed as mentally ill, mentally retarded or
26physically handicapped, who are determined to be in need of

 

 

SB0104- 14 -LRB097 02711 CEL 42730 b

1special mental treatment or of nursing care, or both mental
2treatment and nursing care, the Department shall seek the
3advice and recommendation of the Department of Human Services,
4the Department of Public Health, or both Departments regarding
5the residential treatment and nursing care provided by the
6institution.
7    (c) The Department shall investigate any person applying to
8be licensed as a foster parent to determine whether there is
9any evidence of current drug or alcohol abuse in the
10prospective foster family. The Department shall not license a
11person as a foster parent if drug or alcohol abuse has been
12identified in the foster family or if a reasonable suspicion of
13such abuse exists, except that the Department may grant a
14foster parent license to an applicant identified with an
15alcohol or drug problem if the applicant has successfully
16participated in an alcohol or drug treatment program, self-help
17group, or other suitable activities.
18    (d) The Department, in applying standards prescribed and
19published, as herein provided, shall offer consultation
20through employed staff or other qualified persons to assist
21applicants and licensees in meeting and maintaining minimum
22requirements for a license and to help them otherwise to
23achieve programs of excellence related to the care of children
24served. Such consultation shall include providing information
25concerning education and training in early childhood
26development to providers of day care home services. The

 

 

SB0104- 15 -LRB097 02711 CEL 42730 b

1Department may provide or arrange for such education and
2training for those providers who request such assistance.
3    (e) The Department shall distribute copies of licensing
4standards to all licensees and applicants for a license. Each
5licensee or holder of a permit shall distribute copies of the
6appropriate licensing standards and any other information
7required by the Department to child care facilities under its
8supervision. Each licensee or holder of a permit shall maintain
9appropriate documentation of the distribution of the
10standards. Such documentation shall be part of the records of
11the facility and subject to inspection by authorized
12representatives of the Department.
13    (f) The Department shall prepare summaries of day care
14licensing standards. Each licensee or holder of a permit for a
15day care facility shall distribute a copy of the appropriate
16summary and any other information required by the Department,
17to the legal guardian of each child cared for in that facility
18at the time when the child is enrolled or initially placed in
19the facility. The licensee or holder of a permit for a day care
20facility shall secure appropriate documentation of the
21distribution of the summary and brochure. Such documentation
22shall be a part of the records of the facility and subject to
23inspection by an authorized representative of the Department.
24    (g) The Department shall distribute to each licensee and
25holder of a permit copies of the licensing or permit standards
26applicable to such person's facility. Each licensee or holder

 

 

SB0104- 16 -LRB097 02711 CEL 42730 b

1of a permit shall make available by posting at all times in a
2common or otherwise accessible area a complete and current set
3of licensing standards in order that all employees of the
4facility may have unrestricted access to such standards. All
5employees of the facility shall have reviewed the standards and
6any subsequent changes. Each licensee or holder of a permit
7shall maintain appropriate documentation of the current review
8of licensing standards by all employees. Such records shall be
9part of the records of the facility and subject to inspection
10by authorized representatives of the Department.
11    (h) Any standards involving physical examinations,
12immunization, or medical treatment shall include appropriate
13exemptions for children whose parents object thereto on the
14grounds that they conflict with the tenets and practices of a
15recognized church or religious organization, of which the
16parent is an adherent or member, and for children who should
17not be subjected to immunization for clinical reasons.
18    (i) The Department, in cooperation with the Department of
19Public Health, shall work to increase immunization awareness
20and participation among parents of children enrolled in day
21care centers and day care homes by publishing on the
22Department's website information about the benefits of annual
23immunization against influenza for children 6 months of age to
245 years of age. The Department shall work with day care centers
25and day care homes licensed under this Act to ensure that the
26information is annually distributed to parents in August or

 

 

SB0104- 17 -LRB097 02711 CEL 42730 b

1September.
2(Source: P.A. 96-391, eff. 8-13-09.)
 
3    (225 ILCS 10/8)  (from Ch. 23, par. 2218)
4    Sec. 8. The Department may revoke or refuse to renew the
5license of any child care facility or child welfare agency or
6refuse to issue full license to the holder of a permit should
7the licensee or holder of a permit:
8        (1) fail to maintain standards prescribed and
9    published by the Department;
10        (2) violate any of the provisions of the license
11    issued;
12        (2.3) fail to pay a license renewal fee;
13        (2.5) fail to pay a fine owed to the Department;
14        (3) furnish or make any misleading or any false
15    statement or report to the Department;
16        (4) refuse to submit to the Department any reports or
17    refuse to make available to the Department any records
18    required by the Department in making investigation of the
19    facility for licensing purposes;
20        (5) fail or refuse to submit to an investigation by the
21    Department;
22        (6) fail or refuse to admit authorized representatives
23    of the Department at any reasonable time for the purpose of
24    investigation;
25        (7) fail to provide, maintain, equip and keep in safe

 

 

SB0104- 18 -LRB097 02711 CEL 42730 b

1    and sanitary condition premises established or used for
2    child care as required under standards prescribed by the
3    Department, or as otherwise required by any law, regulation
4    or ordinance applicable to the location of such facility;
5        (8) refuse to display its license or permit;
6        (9) be the subject of an indicated report under Section
7    3 of the Abused and Neglected Child Reporting Act or fail
8    to discharge or sever affiliation with the child care
9    facility of an employee or volunteer at the facility with
10    direct contact with children who is the subject of an
11    indicated report under Section 3 of that Act;
12        (10) fail to comply with the provisions of Section 7.1;
13        (11) fail to exercise reasonable care in the hiring,
14    training and supervision of facility personnel;
15        (12) fail to report suspected abuse or neglect of
16    children within the facility, as required by the Abused and
17    Neglected Child Reporting Act;
18        (12.5) fail to comply with subsection (c-5) of Section
19    7.4;
20        (13) fail to comply with Section 5.1 or 5.2 of this
21    Act; or
22        (14) be identified in an investigation by the
23    Department as an addict or alcoholic, as defined in the
24    Alcoholism and Other Drug Abuse and Dependency Act, or be a
25    person whom the Department knows has abused alcohol or
26    drugs, and has not successfully participated in treatment,

 

 

SB0104- 19 -LRB097 02711 CEL 42730 b

1    self-help groups or other suitable activities, and the
2    Department determines that because of such abuse the
3    licensee, holder of the permit, or any other person
4    directly responsible for the care and welfare of the
5    children served, does not comply with standards relating to
6    character, suitability or other qualifications established
7    under Section 7 of this Act.
8(Source: P.A. 94-586, eff. 8-15-05; 94-1010, eff. 10-1-06.)
 
9    (225 ILCS 10/8.1)  (from Ch. 23, par. 2218.1)
10    Sec. 8.1. The Department shall revoke or refuse to renew
11the license of any child care facility or refuse to issue a
12full license to the holder of a permit should the licensee or
13holder of a permit:
14    (1) fail to correct any condition which jeopardizes the
15health, safety, morals, or welfare of children served by the
16facility;
17    (2) fail to correct any condition or occurrence relating to
18the operation or maintenance of the facility comprising a
19violation under Section 8 of this Act; or
20    (3) fail to maintain financial resources adequate for the
21satisfactory care of children served in regard to upkeep of
22premises, and provisions for personal care, medical services,
23clothing, education and other essentials in the proper care,
24rearing and training of children; .
25    (4) fail to pay a license renewal fee; or

 

 

SB0104- 20 -LRB097 02711 CEL 42730 b

1    (5) fail to pay a fine owed to the Department.
2(Source: P.A. 83-1362.)