Full Text of HB2474 103rd General Assembly
HB2474eng 103RD GENERAL ASSEMBLY |
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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 7 as follows:
| 6 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| 7 | | Sec. 7. (a) The Department must prescribe and publish | 8 | | minimum standards
for licensing that apply to the various | 9 | | types of facilities for child care
defined in this Act and that | 10 | | are equally applicable to like institutions
under the control | 11 | | of the Department and to foster family homes used by and
under | 12 | | the direct supervision of the Department. The Department shall | 13 | | seek
the advice and assistance of persons representative of | 14 | | the various types of
child care facilities in establishing | 15 | | such standards. The standards
prescribed and published under | 16 | | this Act take effect as provided in the
Illinois | 17 | | Administrative Procedure Act, and are restricted to
| 18 | | regulations pertaining to the following matters and to any | 19 | | rules and regulations required or permitted by any other | 20 | | Section of this Act:
| 21 | | (1) The operation and conduct of the facility and | 22 | | responsibility it
assumes for child care;
| 23 | | (2) The character, suitability and qualifications of |
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| 1 | | the applicant and
other persons directly responsible for | 2 | | the care and welfare of children
served. All child day | 3 | | care center licensees and employees who are required
to
| 4 | | report child abuse or neglect under the Abused and | 5 | | Neglected Child Reporting
Act shall be required to attend | 6 | | training on recognizing child abuse and
neglect, as | 7 | | prescribed by Department rules;
| 8 | | (3) The general financial ability and competence of | 9 | | the applicant to
provide necessary care for children and | 10 | | to maintain prescribed standards;
| 11 | | (4) The number of individuals or staff required to | 12 | | insure adequate
supervision and care of the children | 13 | | received. The standards shall provide
that each child care | 14 | | institution, maternity center, day care center,
group | 15 | | home, day care home, and group day care home shall have on | 16 | | its
premises during its hours of operation at
least one | 17 | | staff member certified in first aid, in the Heimlich | 18 | | maneuver and
in cardiopulmonary resuscitation by the | 19 | | American Red Cross or other
organization approved by rule | 20 | | of the Department. Child welfare agencies
shall not be | 21 | | subject to such a staffing requirement. The Department may
| 22 | | offer, or arrange for the offering, on a periodic basis in | 23 | | each community
in this State in cooperation with the | 24 | | American Red Cross, the American
Heart Association or | 25 | | other appropriate organization, voluntary programs to
| 26 | | train operators of foster family homes and day care homes |
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| 1 | | in first aid and
cardiopulmonary resuscitation;
| 2 | | (5) The appropriateness, safety, cleanliness, and | 3 | | general adequacy of the
premises, including maintenance of | 4 | | adequate fire prevention and health
standards conforming | 5 | | to State laws and municipal codes to provide for the
| 6 | | physical comfort, care, and well-being of children | 7 | | received;
| 8 | | (6) Provisions for food, clothing, educational | 9 | | opportunities, program,
equipment and individual supplies | 10 | | to assure the healthy physical, mental,
and spiritual | 11 | | development of children served;
| 12 | | (7) Provisions to safeguard the legal rights of | 13 | | children served;
| 14 | | (8) Maintenance of records pertaining to the | 15 | | admission, progress, health,
and discharge of children, | 16 | | including, for day care centers and day care
homes, | 17 | | records indicating each child has been immunized as | 18 | | required by State
regulations. The Department shall | 19 | | require proof that children enrolled in
a facility have | 20 | | been immunized against Haemophilus Influenzae B (HIB);
| 21 | | (9) Filing of reports with the Department;
| 22 | | (10) Discipline of children;
| 23 | | (11) Protection and fostering of the particular
| 24 | | religious faith of the children served;
| 25 | | (12) Provisions prohibiting firearms on day care | 26 | | center premises
except in the possession of peace |
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| 1 | | officers;
| 2 | | (13) Provisions prohibiting handguns on day care home | 3 | | premises except in
the possession of peace officers or | 4 | | other adults who must possess a handgun
as a condition of | 5 | | employment and who reside on the premises of a day care | 6 | | home;
| 7 | | (14) Provisions requiring that any firearm permitted | 8 | | on day care home
premises, except handguns in the | 9 | | possession of peace officers, shall be
kept in a | 10 | | disassembled state, without ammunition, in locked storage,
| 11 | | inaccessible to children and that ammunition permitted on | 12 | | day care home
premises shall be kept in locked storage | 13 | | separate from that of disassembled
firearms, inaccessible | 14 | | to children;
| 15 | | (15) Provisions requiring notification of parents or | 16 | | guardians enrolling
children at a day care home of the | 17 | | presence in the day care home of any
firearms and | 18 | | ammunition and of the arrangements for the separate, | 19 | | locked
storage of such firearms and ammunition;
| 20 | | (16) Provisions requiring all licensed child care | 21 | | facility employees who care for newborns and infants to | 22 | | complete training every 3 years on the nature of sudden | 23 | | unexpected infant death (SUID), sudden infant death | 24 | | syndrome (SIDS), and the safe sleep recommendations of the | 25 | | American Academy of Pediatrics; and | 26 | | (17) With respect to foster family homes, provisions |
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| 1 | | requiring the Department to review quality of care | 2 | | concerns and to consider those concerns in determining | 3 | | whether a foster family home is qualified to care for | 4 | | children. | 5 | | By July 1, 2022, all licensed day care home providers, | 6 | | licensed group day care home providers, and licensed day care | 7 | | center directors and classroom staff shall participate in at | 8 | | least one training that includes the topics of early childhood | 9 | | social emotional learning, infant and early childhood mental | 10 | | health, early childhood trauma, or adverse childhood | 11 | | experiences. Current licensed providers, directors, and | 12 | | classroom staff shall complete training by July 1, 2022 and | 13 | | shall participate in training that includes the above topics | 14 | | at least once every 3 years. | 15 | | (b) If, in a facility for general child care, there are | 16 | | children
diagnosed as mentally ill or children diagnosed as | 17 | | having an intellectual or physical disability, who
are | 18 | | determined to be in need of special mental treatment or of | 19 | | nursing
care, or both mental treatment and nursing care, the | 20 | | Department shall seek
the advice and recommendation of the | 21 | | Department of Human Services,
the Department of Public Health, | 22 | | or both
Departments regarding the residential treatment and | 23 | | nursing care provided
by the institution.
| 24 | | (c) The Department shall investigate any person applying | 25 | | to be
licensed as a foster parent to determine whether there is | 26 | | any evidence of
current drug or alcohol abuse in the |
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| 1 | | prospective foster family. The
Department shall not license a | 2 | | person as a foster parent if drug or alcohol
abuse has been | 3 | | identified in the foster family or if a reasonable suspicion
| 4 | | of such abuse exists, except that the Department may grant a | 5 | | foster parent
license to an applicant identified with an | 6 | | alcohol or drug problem if the
applicant has successfully | 7 | | participated in an alcohol or drug treatment
program, | 8 | | self-help group, or other suitable activities and if the | 9 | | Department determines that the foster family home can provide | 10 | | a safe, appropriate environment and meet the physical and | 11 | | emotional needs of children.
| 12 | | (d) The Department, in applying standards prescribed and | 13 | | published, as
herein provided, shall offer consultation | 14 | | through employed staff or other
qualified persons to assist | 15 | | applicants and licensees in meeting and
maintaining minimum | 16 | | requirements for a license and to help them otherwise
to | 17 | | achieve programs of excellence related to the care of children | 18 | | served.
Such consultation shall include providing information | 19 | | concerning education
and training in early childhood | 20 | | development to providers of day care home
services. The | 21 | | Department may provide or arrange for such education and
| 22 | | training for those providers who request such assistance.
| 23 | | (e) The Department shall distribute copies of licensing
| 24 | | standards to all licensees and applicants for a license. Each | 25 | | licensee or
holder of a permit shall distribute copies of the | 26 | | appropriate licensing
standards and any other information |
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| 1 | | required by the Department to child
care facilities under its | 2 | | supervision. Each licensee or holder of a permit
shall | 3 | | maintain appropriate documentation of the distribution of the
| 4 | | standards. Such documentation shall be part of the records of | 5 | | the facility
and subject to inspection by authorized | 6 | | representatives of the Department.
| 7 | | (f) The Department shall prepare summaries of day care | 8 | | licensing
standards. Each licensee or holder of a permit for a | 9 | | day care facility
shall distribute a copy of the appropriate | 10 | | summary and any other
information required by the Department, | 11 | | to the legal guardian of each child
cared for in that facility | 12 | | at the time when the child is enrolled or
initially placed in | 13 | | the facility. The licensee or holder of a permit for a
day care | 14 | | facility shall secure appropriate documentation of the
| 15 | | distribution of the summary and brochure. Such documentation | 16 | | shall be a
part of the records of the facility and subject to | 17 | | inspection by an
authorized representative of the Department.
| 18 | | (g) The Department shall distribute to each licensee and
| 19 | | holder of a permit copies of the licensing or permit standards | 20 | | applicable
to such person's facility. Each licensee or holder | 21 | | of a permit shall make
available by posting at all times in a | 22 | | common or otherwise accessible area
a complete and current set | 23 | | of licensing standards in order that all
employees of the | 24 | | facility may have unrestricted access to such standards.
All | 25 | | employees of the facility shall have reviewed the standards | 26 | | and any
subsequent changes. Each licensee or holder of a |
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| 1 | | permit shall maintain
appropriate documentation of the current | 2 | | review of licensing standards by
all employees. Such records | 3 | | shall be part of the records of the facility
and subject to | 4 | | inspection by authorized representatives of the Department.
| 5 | | (h) Any standards involving physical examinations, | 6 | | immunization,
or medical treatment shall include appropriate | 7 | | exemptions for children
whose parents object thereto on the | 8 | | grounds that they conflict with the
tenets and practices of a | 9 | | recognized church or religious organization, of
which the | 10 | | parent is an adherent or member, and for children who should | 11 | | not
be subjected to immunization for clinical reasons.
| 12 | | (i) The Department, in cooperation with the Department of | 13 | | Public Health, shall work to increase immunization awareness | 14 | | and participation among parents of children enrolled in day | 15 | | care centers and day care homes by publishing on the | 16 | | Department's website information about the benefits of | 17 | | immunization against vaccine preventable diseases, including | 18 | | influenza and pertussis. The information for vaccine | 19 | | preventable diseases shall include the incidence and severity | 20 | | of the diseases, the availability of vaccines, and the | 21 | | importance of immunizing children and persons who frequently | 22 | | have close contact with children. The website content shall be | 23 | | reviewed annually in collaboration with the Department of | 24 | | Public Health to reflect the most current recommendations of | 25 | | the Advisory Committee on Immunization Practices (ACIP). The | 26 | | Department shall work with day care centers and day care homes |
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| 1 | | licensed under this Act to ensure that the information is | 2 | | annually distributed to parents in August or September. | 3 | | (j) Any standard adopted by the Department that requires | 4 | | an applicant for a license to operate a day care home to | 5 | | include a copy of a high school diploma or equivalent | 6 | | certificate with his or her application shall be deemed to be | 7 | | satisfied if the applicant includes a copy of a high school | 8 | | diploma or equivalent certificate or a copy of a degree from an | 9 | | accredited institution of higher education or vocational | 10 | | institution or equivalent certificate. | 11 | | (k) As soon as practical after the effective date of this | 12 | | amendatory Act of the 103rd General Assembly, the Department | 13 | | shall amend its rules establishing licensing standards for | 14 | | group day care homes to provide a revised maximum authorized | 15 | | extended capacity for group day care homes that is applicable | 16 | | through July 1, 2025. The revised maximum extended capacity | 17 | | rules adopted by the Department in its amended rules shall | 18 | | allow one caregiver and 2 assistants to have the option of | 19 | | caring for 2 additional children who are 30 months of age or | 20 | | older, as well as 2 additional children who are attending | 21 | | school full-time, notwithstanding any other provision of this | 22 | | Act. The revised rules shall also provide that the second | 23 | | assistant shall be present at all times when there are more | 24 | | than 12 children in the home and shall prohibit the total | 25 | | capacity of the group day care home from exceeding 16 | 26 | | children. |
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| 1 | | (Source: P.A. 102-4, eff. 4-27-21.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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