Illinois General Assembly - Full Text of HB4490
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Full Text of HB4490  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/4/2020, by Rep. Anthony DeLuca


225 ILCS 10/3  from Ch. 23, par. 2213
225 ILCS 10/6.5 new
225 ILCS 10/7  from Ch. 23, par. 2217

    Amends the Child Care Act of 1969. Requires specified personnel of a child care facility to be present at the open or close of the facility. Provides that early childhood teachers shall meet specified qualifications. Provides that the Department of Children and Family Services shall adopt rules on the qualifications of persons directly responsible for the care and welfare of children served in accordance with the qualifications for early childhood teachers. Effective immediately.

LRB101 16816 SPS 66214 b





HB4490LRB101 16816 SPS 66214 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 3 and 7 and by adding Section 6.5 as follows:
6    (225 ILCS 10/3)  (from Ch. 23, par. 2213)
7    Sec. 3. (a) No person, group of persons or corporation may
8operate or conduct any facility for child care, as defined in
9this Act, without a license or permit issued by the Department
10or without being approved by the Department as meeting the
11standards established for such licensing, with the exception of
12facilities for whom standards are established by the Department
13of Corrections under Section 3-15-2 of the Unified Code of
14Corrections and with the exception of facilities defined in
15Section 2.10 of this Act, and with the exception of programs or
16facilities licensed by the Department of Human Services under
17the Substance Use Disorder Act.
18    (b) No part day child care facility as described in Section
192.10 may operate without written notification to the Department
20or without complying with Section 7.1. Notification shall
21include a notarized statement by the facility that the facility
22complies with state or local health standards and state fire
23safety standards, and shall be filed with the department every



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12 years.
2    (c) The Director of the Department shall establish policies
3and coordinate activities relating to child care licensing,
4licensing of day care homes and day care centers.
5    (d) Any facility or agency which is exempt from licensing
6may apply for licensing if licensing is required for some
7government benefit.
8    (e) A provider of day care described in items (a) through
9(j) of Section 2.09 of this Act is exempt from licensure. The
10Department shall provide written verification of exemption and
11description of compliance with standards for the health,
12safety, and development of the children who receive the
13services upon submission by the provider of, in addition to any
14other documentation required by the Department, a notarized
15statement that the facility complies with: (1) the standards of
16the Department of Public Health or local health department, (2)
17the fire safety standards of the State Fire Marshal, and (3) if
18operated in a public school building, the health and safety
19standards of the State Board of Education.
20    (f) A qualified child care director, as defined in 89 Ill.
21Adm. Code 407.130, must be present at the open or close of the
22facility. A qualified early childhood teacher, as defined in 89
23Ill. Adm. Code 407.140, who has been employed by the facility
24continuously for at least 24 months may otherwise be present
25for the first or last hour of the workday.
26(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)



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1    (225 ILCS 10/6.5 new)
2    Sec. 6.5. Qualifications for early childhood teachers. An
3early childhood teacher must meet one of the following
5        (1) complete 60 semester hours from an accredited
6    college or university and complete the Gateways ECE (Early
7    Childhood Education) Credential Level 1 training;
8        (2) complete 1,560 clock hours of child development
9    experience, 30 semester hours from an accredited college or
10    university, and the Gateways ECE (Early Childhood
11    Education) Credential Level 1 training;
12        (3) complete 2,080 clock hours of child development
13    experience as a teacher assistant in a day care center,
14    complete the Gateways ECE (Early Childhood Education)
15    Credential Level 1 training, and provide proof of
16    enrollment from an accredited college or university until
17    30 semester hours are attained or proof of enrollment in an
18    early childhood teacher credentialing program until the
19    credential is attained; or
20        (4) complete a credentialing program approved by the
21    Department in accordance with 89 Ill. Adm. Code
22    407.Appendix G.
23    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
24    Sec. 7. (a) The Department must prescribe and publish



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1minimum standards for licensing that apply to the various types
2of facilities for child care defined in this Act and that are
3equally applicable to like institutions under the control of
4the Department and to foster family homes used by and under the
5direct supervision of the Department. The Department shall seek
6the advice and assistance of persons representative of the
7various types of child care facilities in establishing such
8standards. The standards prescribed and published under this
9Act take effect as provided in the Illinois Administrative
10Procedure Act, and are restricted to regulations pertaining to
11the following matters and to any rules and regulations required
12or permitted by any other Section of this Act:
13        (1) The operation and conduct of the facility and
14    responsibility it assumes for child care;
15        (2) In accordance with Section 6.5, the The character,
16    suitability and qualifications of the applicant and other
17    persons directly responsible for the care and welfare of
18    children served. All child day care center licensees and
19    employees who are required to report child abuse or neglect
20    under the Abused and Neglected Child Reporting Act shall be
21    required to attend training on recognizing child abuse and
22    neglect, as prescribed by Department rules;
23        (3) The general financial ability and competence of the
24    applicant to provide necessary care for children and to
25    maintain prescribed standards;
26        (4) The number of individuals or staff required to



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



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1        (7) Provisions to safeguard the legal rights of
2    children served;
3        (8) Maintenance of records pertaining to the
4    admission, progress, health, and discharge of children,
5    including, for day care centers and day care homes, records
6    indicating each child has been immunized as required by
7    State regulations. The Department shall require proof that
8    children enrolled in a facility have been immunized against
9    Haemophilus Influenzae B (HIB);
10        (9) Filing of reports with the Department;
11        (10) Discipline of children;
12        (11) Protection and fostering of the particular
13    religious faith of the children served;
14        (12) Provisions prohibiting firearms on day care
15    center premises except in the possession of peace officers;
16        (13) Provisions prohibiting handguns on day care home
17    premises except in the possession of peace officers or
18    other adults who must possess a handgun as a condition of
19    employment and who reside on the premises of a day care
20    home;
21        (14) Provisions requiring that any firearm permitted
22    on day care home premises, except handguns in the
23    possession of peace officers, shall be kept in a
24    disassembled state, without ammunition, in locked storage,
25    inaccessible to children and that ammunition permitted on
26    day care home premises shall be kept in locked storage



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1    separate from that of disassembled firearms, inaccessible
2    to children;
3        (15) Provisions requiring notification of parents or
4    guardians enrolling children at a day care home of the
5    presence in the day care home of any firearms and
6    ammunition and of the arrangements for the separate, locked
7    storage of such firearms and ammunition;
8        (16) Provisions requiring all licensed child care
9    facility employees who care for newborns and infants to
10    complete training every 3 years on the nature of sudden
11    unexpected infant death (SUID), sudden infant death
12    syndrome (SIDS), and the safe sleep recommendations of the
13    American Academy of Pediatrics; and
14        (17) With respect to foster family homes, provisions
15    requiring the Department to review quality of care concerns
16    and to consider those concerns in determining whether a
17    foster family home is qualified to care for children.
18    (b) If, in a facility for general child care, there are
19children diagnosed as mentally ill or children diagnosed as
20having an intellectual or physical disability, who are
21determined to be in need of special mental treatment or of
22nursing care, or both mental treatment and nursing care, the
23Department shall seek the advice and recommendation of the
24Department of Human Services, the Department of Public Health,
25or both Departments regarding the residential treatment and
26nursing care provided by the institution.



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1    (c) The Department shall investigate any person applying to
2be licensed as a foster parent to determine whether there is
3any evidence of current drug or alcohol abuse in the
4prospective foster family. The Department shall not license a
5person as a foster parent if drug or alcohol abuse has been
6identified in the foster family or if a reasonable suspicion of
7such abuse exists, except that the Department may grant a
8foster parent license to an applicant identified with an
9alcohol or drug problem if the applicant has successfully
10participated in an alcohol or drug treatment program, self-help
11group, or other suitable activities and if the Department
12determines that the foster family home can provide a safe,
13appropriate environment and meet the physical and emotional
14needs of children.
15    (d) The Department, in applying standards prescribed and
16published, as herein provided, shall offer consultation
17through employed staff or other qualified persons to assist
18applicants and licensees in meeting and maintaining minimum
19requirements for a license and to help them otherwise to
20achieve programs of excellence related to the care of children
21served. Such consultation shall include providing information
22concerning education and training in early childhood
23development to providers of day care home services. The
24Department may provide or arrange for such education and
25training for those providers who request such assistance.
26    (e) The Department shall distribute copies of licensing



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



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1facility may have unrestricted access to such standards. All
2employees of the facility shall have reviewed the standards and
3any subsequent changes. Each licensee or holder of a permit
4shall maintain appropriate documentation of the current review
5of licensing standards by all employees. Such records shall be
6part of the records of the facility and subject to inspection
7by authorized representatives of the Department.
8    (h) Any standards involving physical examinations,
9immunization, or medical treatment shall include appropriate
10exemptions for children whose parents object thereto on the
11grounds that they conflict with the tenets and practices of a
12recognized church or religious organization, of which the
13parent is an adherent or member, and for children who should
14not be subjected to immunization for clinical reasons.
15    (i) The Department, in cooperation with the Department of
16Public Health, shall work to increase immunization awareness
17and participation among parents of children enrolled in day
18care centers and day care homes by publishing on the
19Department's website information about the benefits of
20immunization against vaccine preventable diseases, including
21influenza and pertussis. The information for vaccine
22preventable diseases shall include the incidence and severity
23of the diseases, the availability of vaccines, and the
24importance of immunizing children and persons who frequently
25have close contact with children. The website content shall be
26reviewed annually in collaboration with the Department of



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1Public Health to reflect the most current recommendations of
2the Advisory Committee on Immunization Practices (ACIP). The
3Department shall work with day care centers and day care homes
4licensed under this Act to ensure that the information is
5annually distributed to parents in August or September.
6    (j) Any standard adopted by the Department that requires an
7applicant for a license to operate a day care home to include a
8copy of a high school diploma or equivalent certificate with
9his or her application shall be deemed to be satisfied if the
10applicant includes a copy of a high school diploma or
11equivalent certificate or a copy of a degree from an accredited
12institution of higher education or vocational institution or
13equivalent certificate.
14(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
15100-201, eff. 8-18-17.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.