Full Text of HB4135 94th General Assembly
HB4135enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Children and Family Services Act is amended | 5 |
| by changing Section 5c as follows:
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| (20 ILCS 505/5c)
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| Sec. 5c. Direct child welfare service employee license. | 8 |
| (a) By January 1,
2000, the Department, in consultation | 9 |
| with private child welfare agencies,
shall develop and | 10 |
| implement a direct child welfare service employee license.
By | 11 |
| January 1, 2001 all child protective investigators and | 12 |
| supervisors and child
welfare specialists and supervisors | 13 |
| employed by the Department or its
contractors shall be required | 14 |
| to demonstrate sufficient knowledge and skills to
obtain and | 15 |
| maintain the license. The Direct Child Welfare
Service Employee | 16 |
| License Board of the Department shall have
the authority to
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| revoke or suspend the license of anyone who after a hearing is | 18 |
| found to be
guilty of misfeasance. The Department shall | 19 |
| promulgate such rules as necessary
to implement this Section.
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| (b) If a direct child welfare service employee licensee is | 21 |
| expected to transport a child or children with a motor vehicle | 22 |
| in the course of performing his or her duties, the Department | 23 |
| must verify that the licensee meets the requirements set forth | 24 |
| in Section 5.1 of the Child Care Act of 1969. The Department | 25 |
| must make that verification as to each such licensee every 2 | 26 |
| years. Upon the Department's request, the Secretary of State | 27 |
| shall provide the Department with the information necessary to | 28 |
| enable the Department to make the verifications required under | 29 |
| this subsection. If the Department discovers that a direct | 30 |
| child welfare service employee licensee has engaged in | 31 |
| transporting a child or children with a motor vehicle without | 32 |
| having a valid driver's license, the Department shall |
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| immediately revoke the individual's direct child welfare | 2 |
| service employee license.
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| (c) On or before January 1, 2000, and every year | 4 |
| thereafter, the Department shall
submit an annual report to the | 5 |
| General Assembly on the implementation of this
Section.
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| (Source: P.A. 92-471, eff. 8-22-01.)
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| Section 10. The Child Care Act of 1969 is amended by | 8 |
| changing Section 5.1 as follows:
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| (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
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| Sec. 5.1. (a) The Department shall ensure
assure that no | 11 |
| day care center, group
home or child care institution as | 12 |
| defined in this Act shall on a regular
basis transport a child | 13 |
| or children with any motor vehicle unless such
vehicle is | 14 |
| operated by a person who
that complies with the following | 15 |
| requirements:
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| 1. is 21 years of age or older;
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| 2. currently holds a valid driver's license, which has | 18 |
| not been revoked
or suspended for one or more traffic | 19 |
| violations during the 3 years
immediately prior to the date | 20 |
| of application;
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| 3. demonstrates physical fitness to operate vehicles | 22 |
| by submitting the
results of a medical examination | 23 |
| conducted by a licensed physician;
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| 4. has not been convicted of more than 2 offenses | 25 |
| against traffic
regulations governing the movement of | 26 |
| vehicles within a twelve month period;
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| 5. has not been convicted of reckless driving or | 28 |
| driving under the
influence or manslaughter or reckless | 29 |
| homicide resulting from the
operation of a motor vehicle | 30 |
| within the past 3 years;
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| 6. has signed and submitted a written statement | 32 |
| certifying that he has
not, through the unlawful operation | 33 |
| of a motor vehicle, caused an accident
which resulted in | 34 |
| the death of any person within the 5 years immediately
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| prior to the date of application.
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| However, such day care centers, group homes and child care | 3 |
| institutions
may provide for transportation of a child or | 4 |
| children for special outings,
functions or purposes that are | 5 |
| not scheduled on a regular basis without
verification that | 6 |
| drivers for such purposes meet the requirements of this
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| Section.
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| (a-5) As a means of ensuring compliance with the | 9 |
| requirements set forth in subsection (a), the Department shall | 10 |
| implement appropriate measures to verify that every individual | 11 |
| who is employed at a group home or child care institution meets | 12 |
| those requirements. | 13 |
| For every individual employed at a group home or child care | 14 |
| institution who regularly transports children in the course of | 15 |
| performing his or her duties, the Department must make the | 16 |
| verification every 2 years. Upon the Department's request, the | 17 |
| Secretary of State shall provide the Department with the | 18 |
| information necessary to enable the Department to make the | 19 |
| verifications required under subsection (a). | 20 |
| In the case of an individual employed at a group home or | 21 |
| child care institution who becomes subject to subsection (a) | 22 |
| for the first time after the effective date of this amendatory | 23 |
| Act of the 94th General Assembly, the Department must make that | 24 |
| verification with the Secretary of State before the individual | 25 |
| operates a motor vehicle to transport a child or children under | 26 |
| the circumstances described in subsection (a). | 27 |
| In the case of an individual employed at a group home or | 28 |
| child care institution who is subject to subsection (a) on the | 29 |
| effective date of this amendatory Act of the 94th General | 30 |
| Assembly, the Department must make that verification with the | 31 |
| Secretary of State within 30 days after that effective date. | 32 |
| If the Department discovers that an individual fails to | 33 |
| meet the requirements set forth in subsection (a), the | 34 |
| Department shall promptly notify the appropriate group home or | 35 |
| child care institution.
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| (b) Any individual who holds a valid Illinois school bus |
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| driver permit
issued by the Secretary of State
pursuant to The | 2 |
| Illinois
Vehicle Code, and who is currently employed by a | 3 |
| school district or parochial
school, or by a contractor with a | 4 |
| school district or parochial school, to
drive a school bus | 5 |
| transporting children to and from school,
shall be deemed in | 6 |
| compliance with the requirements of subsection (a).
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| (c) The Department may, pursuant to Section 8 of this Act, | 8 |
| revoke the
license of any day care center, group home or child | 9 |
| care institution that
fails to meet the requirements of this | 10 |
| Section.
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| (d) A group home or child care institution that
fails to | 12 |
| meet the requirements of this Section is guilty of a petty | 13 |
| offense and is subject to a fine of not more than $1,000. Each | 14 |
| day that a group home or child care institution fails to meet | 15 |
| the requirements of this Section is a separate offense.
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| (Source: P.A. 88-612, eff. 7-1-95.)
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