97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2575

 

Introduced 1/11/2012, by Sen. William Delgado

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/4.2  from Ch. 23, par. 2214.2

    Amends the Child Care Act of 1969. Provides that no applicant may receive a license from the Illinois Department of Children and Family Services to operate a foster family home, and no adult person may reside in a foster family home licensed by the Department, who has been convicted of committing or attempting to commit a specified offenses, except for relatives who received a prior waiver for the initial placement of a relative child under the Children and Family Services Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 4.2 as follows:
 
6    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
7    Sec. 4.2. (a) No applicant may receive a license from the
8Department and no person may be employed by a licensed child
9care facility who refuses to authorize an investigation as
10required by Section 4.1.
11    (b) In addition to the other provisions of this Section, no
12applicant may receive a license from the Department and no
13person may be employed by a child care facility licensed by the
14Department who has been declared a sexually dangerous person
15under "An Act in relation to sexually dangerous persons, and
16providing for their commitment, detention and supervision",
17approved July 6, 1938, as amended, or convicted of committing
18or attempting to commit any of the following offenses
19stipulated under the Criminal Code of 1961:
20        (1) murder;
21        (1.1) solicitation of murder;
22        (1.2) solicitation of murder for hire;
23        (1.3) intentional homicide of an unborn child;

 

 

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1        (1.4) voluntary manslaughter of an unborn child;
2        (1.5) involuntary manslaughter;
3        (1.6) reckless homicide;
4        (1.7) concealment of a homicidal death;
5        (1.8) involuntary manslaughter of an unborn child;
6        (1.9) reckless homicide of an unborn child;
7        (1.10) drug-induced homicide;
8        (2) a sex offense under Article 11, except offenses
9    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
10    11-40, and 11-45;
11        (3) kidnapping;
12        (3.1) aggravated unlawful restraint;
13        (3.2) forcible detention;
14        (3.3) harboring a runaway;
15        (3.4) aiding and abetting child abduction;
16        (4) aggravated kidnapping;
17        (5) child abduction;
18        (6) aggravated battery of a child as described in
19    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
20        (7) criminal sexual assault;
21        (8) aggravated criminal sexual assault;
22        (8.1) predatory criminal sexual assault of a child;
23        (9) criminal sexual abuse;
24        (10) aggravated sexual abuse;
25        (11) heinous battery as described in Section 12-4.1 or
26    subdivision (a)(2) of Section 12-3.05;

 

 

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1        (12) aggravated battery with a firearm as described in
2    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
3    (e)(4) of Section 12-3.05;
4        (13) tampering with food, drugs, or cosmetics;
5        (14) drug induced infliction of great bodily harm as
6    described in Section 12-4.7 or subdivision (g)(1) of
7    Section 12-3.05;
8        (15) hate crime;
9        (16) stalking;
10        (17) aggravated stalking;
11        (18) threatening public officials;
12        (19) home invasion;
13        (20) vehicular invasion;
14        (21) criminal transmission of HIV;
15        (22) criminal abuse or neglect of an elderly or
16    disabled person as described in Section 12-21 or subsection
17    (b) of Section 12-4.4a;
18        (23) child abandonment;
19        (24) endangering the life or health of a child;
20        (25) ritual mutilation;
21        (26) ritualized abuse of a child;
22        (27) an offense in any other jurisdiction the elements
23    of which are similar and bear a substantial relationship to
24    any of the foregoing offenses.
25    (b-1) In addition to the other provisions of this Section,
26beginning January 1, 2004, no new applicant and, on the date of

 

 

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1licensure renewal, no current licensee may operate or receive a
2license from the Department to operate, no person may be
3employed by, and no adult person may reside in a child care
4facility licensed by the Department who has been convicted of
5committing or attempting to commit any of the following
6offenses or an offense in any other jurisdiction the elements
7of which are similar and bear a substantial relationship to any
8of the following offenses:
 
9
(I) BODILY HARM

 
10        (1) Felony aggravated assault.
11        (2) Vehicular endangerment.
12        (3) Felony domestic battery.
13        (4) Aggravated battery.
14        (5) Heinous battery.
15        (6) Aggravated battery with a firearm.
16        (7) Aggravated battery of an unborn child.
17        (8) Aggravated battery of a senior citizen.
18        (9) Intimidation.
19        (10) Compelling organization membership of persons.
20        (11) Abuse and criminal neglect of a long term care
21    facility resident.
22        (12) Felony violation of an order of protection.
 
23
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 

 

 

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1        (1) Felony unlawful use of weapons.
2        (2) Aggravated discharge of a firearm.
3        (3) Reckless discharge of a firearm.
4        (4) Unlawful use of metal piercing bullets.
5        (5) Unlawful sale or delivery of firearms on the
6    premises of any school.
7        (6) Disarming a police officer.
8        (7) Obstructing justice.
9        (8) Concealing or aiding a fugitive.
10        (9) Armed violence.
11        (10) Felony contributing to the criminal delinquency
12    of a juvenile.
 
13
(III) DRUG OFFENSES

 
14        (1) Possession of more than 30 grams of cannabis.
15        (2) Manufacture of more than 10 grams of cannabis.
16        (3) Cannabis trafficking.
17        (4) Delivery of cannabis on school grounds.
18        (5) Unauthorized production of more than 5 cannabis
19    sativa plants.
20        (6) Calculated criminal cannabis conspiracy.
21        (7) Unauthorized manufacture or delivery of controlled
22    substances.
23        (8) Controlled substance trafficking.

 

 

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1        (9) Manufacture, distribution, or advertisement of
2    look-alike substances.
3        (10) Calculated criminal drug conspiracy.
4        (11) Street gang criminal drug conspiracy.
5        (12) Permitting unlawful use of a building.
6        (13) Delivery of controlled, counterfeit, or
7    look-alike substances to persons under age 18, or at truck
8    stops, rest stops, or safety rest areas, or on school
9    property.
10        (14) Using, engaging, or employing persons under 18 to
11    deliver controlled, counterfeit, or look-alike substances.
12        (15) Delivery of controlled substances.
13        (16) Sale or delivery of drug paraphernalia.
14        (17) Felony possession, sale, or exchange of
15    instruments adapted for use of a controlled substance,
16    methamphetamine, or cannabis by subcutaneous injection.
17        (18) Felony possession of a controlled substance.
18        (19) Any violation of the Methamphetamine Control and
19    Community Protection Act.
20    (b-2) For child care facilities other than foster family
21homes, the Department may issue a new child care facility
22license to or renew the existing child care facility license of
23an applicant, a person employed by a child care facility, or an
24applicant who has an adult residing in a home child care
25facility who was convicted of an offense described in
26subsection (b-1), provided that all of the following

 

 

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1requirements are met:
2        (1) The relevant criminal offense occurred more than 5
3    years prior to the date of application or renewal, except
4    for drug offenses. The relevant drug offense must have
5    occurred more than 10 years prior to the date of
6    application or renewal, unless the applicant passed a drug
7    test, arranged and paid for by the child care facility, no
8    less than 5 years after the offense.
9        (2) The Department must conduct a background check and
10    assess all convictions and recommendations of the child
11    care facility to determine if waiver shall apply in
12    accordance with Department administrative rules and
13    procedures.
14        (3) The applicant meets all other requirements and
15    qualifications to be licensed as the pertinent type of
16    child care facility under this Act and the Department's
17    administrative rules.
18    (c) In addition to the other provisions of this Section, no
19applicant may receive a license from the Department to operate
20a foster family home, and no adult person may reside in a
21foster family home licensed by the Department, who has been
22convicted of committing or attempting to commit any of the
23following offenses stipulated under the Criminal Code of 1961,
24the Cannabis Control Act, the Methamphetamine Control and
25Community Protection Act, and the Illinois Controlled
26Substances Act, except for relatives who received a prior

 

 

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1waiver for the initial placement of a relative child under
2Section 7 of the Children and Family Services Act:
 
3
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
4    (A) KIDNAPPING AND RELATED OFFENSES
5        (1) Unlawful restraint.
 
6    (B) BODILY HARM
7        (2) Felony aggravated assault.
8        (3) Vehicular endangerment.
9        (4) Felony domestic battery.
10        (5) Aggravated battery.
11        (6) Heinous battery.
12        (7) Aggravated battery with a firearm.
13        (8) Aggravated battery of an unborn child.
14        (9) Aggravated battery of a senior citizen.
15        (10) Intimidation.
16        (11) Compelling organization membership of persons.
17        (12) Abuse and criminal neglect of a long term care
18    facility resident.
19        (13) Felony violation of an order of protection.
 
20
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
21        (14) Felony theft.

 

 

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1        (15) Robbery.
2        (16) Armed robbery.
3        (17) Aggravated robbery.
4        (18) Vehicular hijacking.
5        (19) Aggravated vehicular hijacking.
6        (20) Burglary.
7        (21) Possession of burglary tools.
8        (22) Residential burglary.
9        (23) Criminal fortification of a residence or
10    building.
11        (24) Arson.
12        (25) Aggravated arson.
13        (26) Possession of explosive or explosive incendiary
14    devices.
 
15
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
16        (27) Felony unlawful use of weapons.
17        (28) Aggravated discharge of a firearm.
18        (29) Reckless discharge of a firearm.
19        (30) Unlawful use of metal piercing bullets.
20        (31) Unlawful sale or delivery of firearms on the
21    premises of any school.
22        (32) Disarming a police officer.
23        (33) Obstructing justice.
24        (34) Concealing or aiding a fugitive.

 

 

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1        (35) Armed violence.
2        (36) Felony contributing to the criminal delinquency
3    of a juvenile.
 
4
(IV) DRUG OFFENSES

 
5        (37) Possession of more than 30 grams of cannabis.
6        (38) Manufacture of more than 10 grams of cannabis.
7        (39) Cannabis trafficking.
8        (40) Delivery of cannabis on school grounds.
9        (41) Unauthorized production of more than 5 cannabis
10    sativa plants.
11        (42) Calculated criminal cannabis conspiracy.
12        (43) Unauthorized manufacture or delivery of
13    controlled substances.
14        (44) Controlled substance trafficking.
15        (45) Manufacture, distribution, or advertisement of
16    look-alike substances.
17        (46) Calculated criminal drug conspiracy.
18        (46.5) Streetgang criminal drug conspiracy.
19        (47) Permitting unlawful use of a building.
20        (48) Delivery of controlled, counterfeit, or
21    look-alike substances to persons under age 18, or at truck
22    stops, rest stops, or safety rest areas, or on school
23    property.
24        (49) Using, engaging, or employing persons under 18 to

 

 

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1    deliver controlled, counterfeit, or look-alike substances.
2        (50) Delivery of controlled substances.
3        (51) Sale or delivery of drug paraphernalia.
4        (52) Felony possession, sale, or exchange of
5    instruments adapted for use of a controlled substance,
6    methamphetamine, or cannabis by subcutaneous injection.
7        (53) Any violation of the Methamphetamine Control and
8    Community Protection Act.
9    (d) Notwithstanding subsection (c), the Department may
10issue a new foster family home license or may renew an existing
11foster family home license of an applicant who was convicted of
12an offense described in subsection (c), provided all of the
13following requirements are met:
14        (1) The relevant criminal offense or offenses occurred
15    more than 10 years prior to the date of application or
16    renewal.
17        (2) The applicant had previously disclosed the
18    conviction or convictions to the Department for purposes of
19    a background check.
20        (3) After the disclosure, the Department either placed
21    a child in the home or the foster family home license was
22    issued.
23        (4) During the background check, the Department had
24    assessed and waived the conviction in compliance with the
25    existing statutes and rules in effect at the time of the
26    waiver.

 

 

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1        (5) The applicant meets all other requirements and
2    qualifications to be licensed as a foster family home under
3    this Act and the Department's administrative rules.
4        (6) The applicant has a history of providing a safe,
5    stable home environment and appears able to continue to
6    provide a safe, stable home environment.
7(Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11;
896-1551, Article 2, Section 990, eff. 7-1-11; revised 9-30-11.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.