Illinois General Assembly - Full Text of SB1626
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Full Text of SB1626  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Doris Turner


225 ILCS 10/2.09  from Ch. 23, par. 2212.09

    Amends the Child Care Act of 1969. Provides that "day care center" does not include certain programs or portions of programs that serve children who shall have attained the age of 2 years (rather than 3 years). Makes conforming changes.

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SB1626LRB102 16900 SPS 22311 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 Section 2.09 as follows:
6    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
7    Sec. 2.09. "Day care center" means any child care facility
8which regularly provides day care for less than 24 hours per
9day for (1) more than 8 children in a family home, or (2) more
10than 3 children in a facility other than a family home,
11including senior citizen buildings.
12    The term does not include:
13        (a) programs operated by (i) public or private
14    elementary school systems or secondary level school units
15    or institutions of higher learning that serve children who
16    shall have attained the age of 2 3 years or (ii) private
17    entities on the grounds of public or private elementary or
18    secondary schools and that serve children who have
19    attained the age of 2 3 years, except that this exception
20    applies only to the facility and not to the private
21    entities' personnel operating the program;
22        (b) programs or that portion of the program which
23    serves children who shall have attained the age of 2 3



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1    years and which are recognized by the State Board of
2    Education;
3        (c) educational program or programs serving children
4    who shall have attained the age of 2 3 years and which are
5    operated by a school which is registered with the State
6    Board of Education and which is recognized or accredited
7    by a recognized national or multistate educational
8    organization or association which regularly recognizes or
9    accredits schools;
10        (d) programs which exclusively serve or that portion
11    of the program which serves children with disabilities who
12    shall have attained the age of 2 3 years but are less than
13    21 years of age and which are registered and approved as
14    meeting standards of the State Board of Education and
15    applicable fire marshal standards;
16        (e) facilities operated in connection with a shopping
17    center or service, religious services, or other similar
18    facility, where transient children are cared for
19    temporarily while parents or custodians of the children
20    are occupied on the premises and readily available;
21        (f) any type of day care center that is conducted on
22    federal government premises;
23        (g) special activities programs, including athletics,
24    crafts instruction, and similar activities conducted on an
25    organized and periodic basis by civic, charitable and
26    governmental organizations;



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1        (h) part day child care facilities, as defined in
2    Section 2.10 of this Act;
3        (i) programs or that portion of the program which:
4            (1) serves children who shall have attained the
5        age of 2 3 years;
6            (2) is operated by churches or religious
7        institutions as described in Section 501(c)(3) of the
8        federal Internal Revenue Code;
9            (3) receives no governmental aid;
10            (4) is operated as a component of a religious,
11        nonprofit elementary school;
12            (5) operates primarily to provide religious
13        education; and
14            (6) meets appropriate State or local health and
15        fire safety standards; or
16        (j) programs or portions of programs that:
17            (1) serve only school-age children and youth
18        (defined as full-time kindergarten children, as
19        defined in 89 Ill. Adm. Code 407.45, or older);
20            (2) are organized to promote childhood learning,
21        child and youth development, educational or
22        recreational activities, or character-building;
23            (3) operate primarily during out-of-school time or
24        at times when school is not normally in session;
25            (4) comply with the standards of the Illinois
26        Department of Public Health (77 Ill. Adm. Code 750) or



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1        the local health department, the Illinois State Fire
2        Marshal (41 Ill. Adm. Code 100), and the following
3        additional health and safety requirements: procedures
4        for employee and volunteer emergency preparedness and
5        practice drills; procedures to ensure that first aid
6        kits are maintained and ready to use; the placement of
7        a minimum level of liability insurance as determined
8        by the Department; procedures for the availability of
9        a working telephone that is onsite and accessible at
10        all times; procedures to ensure that emergency phone
11        numbers are posted onsite; and a restriction on
12        handgun or weapon possession onsite, except if
13        possessed by a peace officer;
14            (5) perform and maintain authorization and results
15        of criminal history checks through the Illinois State
16        Police and FBI and checks of the Illinois Sex Offender
17        Registry, the National Sex Offender Registry, and
18        Child Abuse and Neglect Tracking System for employees
19        and volunteers who work directly with children;
20            (6) make hiring decisions in accordance with the
21        prohibitions against barrier crimes as specified in
22        Section 4.2 of this Act or in Section 21B-80 of the
23        School Code;
24            (7) provide parents with written disclosure that
25        the operations of the program are not regulated by
26        licensing requirements; and



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1            (8) obtain and maintain records showing the first
2        and last name and date of birth of the child, name,
3        address, and telephone number of each parent,
4        emergency contact information, and written
5        authorization for medical care.
6    Programs or portions of programs requesting Child Care
7Assistance Program (CCAP) funding and otherwise meeting the
8requirements under item (j) shall request exemption from the
9Department and be determined exempt prior to receiving funding
10and must annually meet the eligibility requirements and be
11appropriate for payment under the CCAP.
12    Programs or portions of programs under item (j) that do
13not receive State or federal funds must comply with staff
14qualification and training standards established by rule by
15the Department of Human Services. The Department of Human
16Services shall set such standards after review of Afterschool
17for Children and Teens Now (ACT Now) evidence-based quality
18standards developed for school-age out-of-school time
19programs, feedback from the school-age out-of-school time
20program professionals, and review of out-of-school time
21professional development frameworks and quality tools.
22    Out-of-school time programs for school-age youth that
23receive State or federal funds must comply with only those
24staff qualifications and training standards set for the
25program 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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1Section, "children who shall have attained the age of 2 3
2years" shall mean children who are 3 years of age, but less
3than 4 years of age, at the time of enrollment in the program.
4(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
5100-201, eff. 8-18-17.)