Illinois General Assembly - Full Text of HB1707
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Full Text of HB1707  97th General Assembly




HB1707 EnrolledLRB097 10514 CEL 50830 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 7 as follows:
6    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
7    Sec. 7. (a) The Department must prescribe and publish
8minimum standards for licensing that apply to the various types
9of facilities for child care defined in this Act and that are
10equally applicable to like institutions under the control of
11the Department and to foster family homes used by and under the
12direct supervision of the Department. The Department shall seek
13the advice and assistance of persons representative of the
14various types of child care facilities in establishing such
15standards. The standards prescribed and published under this
16Act take effect as provided in the Illinois Administrative
17Procedure Act, and are restricted to regulations pertaining to
18the following matters and to any rules and regulations required
19or permitted by any other Section of this Act:
20        (1) The operation and conduct of the facility and
21    responsibility it assumes for child care;
22        (2) The character, suitability and qualifications of
23    the applicant and other persons directly responsible for



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1    the care and welfare of children served. All child day care
2    center licensees and employees who are required to report
3    child abuse or neglect under the Abused and Neglected Child
4    Reporting Act shall be required to attend training on
5    recognizing child abuse and neglect, as prescribed by
6    Department rules;
7        (3) The general financial ability and competence of the
8    applicant to provide necessary care for children and to
9    maintain prescribed standards;
10        (4) The number of individuals or staff required to
11    insure adequate supervision and care of the children
12    received. The standards shall provide that each child care
13    institution, maternity center, day care center, group
14    home, day care home, and group day care home shall have on
15    its premises during its hours of operation at least one
16    staff member certified in first aid, in the Heimlich
17    maneuver and in cardiopulmonary resuscitation by the
18    American Red Cross or other organization approved by rule
19    of the Department. Child welfare agencies shall not be
20    subject to such a staffing requirement. The Department may
21    offer, or arrange for the offering, on a periodic basis in
22    each community in this State in cooperation with the
23    American Red Cross, the American Heart Association or other
24    appropriate organization, voluntary programs to train
25    operators of foster family homes and day care homes in
26    first aid and cardiopulmonary resuscitation;



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1        (5) The appropriateness, safety, cleanliness and
2    general adequacy of the premises, including maintenance of
3    adequate fire prevention and health standards conforming
4    to State laws and municipal codes to provide for the
5    physical comfort, care and well-being of children
6    received;
7        (6) Provisions for food, clothing, educational
8    opportunities, program, equipment and individual supplies
9    to assure the healthy physical, mental and spiritual
10    development of children served;
11        (7) Provisions to safeguard the legal rights of
12    children served;
13        (8) Maintenance of records pertaining to the
14    admission, progress, health and discharge of children,
15    including, for day care centers and day care homes, records
16    indicating each child has been immunized as required by
17    State regulations. The Department shall require proof that
18    children enrolled in a facility have been immunized against
19    Haemophilus Influenzae B (HIB);
20        (9) Filing of reports with the Department;
21        (10) Discipline of children;
22        (11) Protection and fostering of the particular
23    religious faith of the children served;
24        (12) Provisions prohibiting firearms on day care
25    center premises except in the possession of peace officers;
26        (13) Provisions prohibiting handguns on day care home



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1    premises except in the possession of peace officers or
2    other adults who must possess a handgun as a condition of
3    employment and who reside on the premises of a day care
4    home;
5        (14) Provisions requiring that any firearm permitted
6    on day care home premises, except handguns in the
7    possession of peace officers, shall be kept in a
8    disassembled state, without ammunition, in locked storage,
9    inaccessible to children and that ammunition permitted on
10    day care home premises shall be kept in locked storage
11    separate from that of disassembled firearms, inaccessible
12    to children;
13        (15) Provisions requiring notification of parents or
14    guardians enrolling children at a day care home of the
15    presence in the day care home of any firearms and
16    ammunition and of the arrangements for the separate, locked
17    storage of such firearms and ammunition.
18    (b) If, in a facility for general child care, there are
19children diagnosed as mentally ill, mentally retarded or
20physically handicapped, who are determined to be in need of
21special mental treatment or of nursing care, or both mental
22treatment and nursing care, the Department shall seek the
23advice and recommendation of the Department of Human Services,
24the Department of Public Health, or both Departments regarding
25the residential treatment and nursing care provided by the



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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.
12    (d) The Department, in applying standards prescribed and
13published, as herein provided, shall offer consultation
14through employed staff or other qualified persons to assist
15applicants and licensees in meeting and maintaining minimum
16requirements for a license and to help them otherwise to
17achieve programs of excellence related to the care of children
18served. Such consultation shall include providing information
19concerning education and training in early childhood
20development to providers of day care home services. The
21Department may provide or arrange for such education and
22training for those providers who request such assistance.
23    (e) The Department shall distribute copies of licensing
24standards to all licensees and applicants for a license. Each
25licensee or holder of a permit shall distribute copies of the
26appropriate licensing standards and any other information



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



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



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1day care centers and day care homes licensed under this Act to
2ensure that the information is annually distributed to parents
3in August or September.
4(Source: P.A. 96-391, eff. 8-13-09.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.