Sen. Mattie Hunter

Filed: 5/11/2011





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2    AMENDMENT NO. ______. Amend House Bill 1707 by replacing
3everything after the enacting clause with the following:
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



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1Procedure Act, and are restricted to regulations pertaining to
2the following matters and to any rules and regulations required
3or permitted by any other Section of this Act:
4        (1) The operation and conduct of the facility and
5    responsibility it assumes for child care;
6        (2) The character, suitability and qualifications of
7    the applicant and other persons directly responsible for
8    the care and welfare of children served. All child day care
9    center licensees and employees who are required to report
10    child abuse or neglect under the Abused and Neglected Child
11    Reporting Act shall be required to attend training on
12    recognizing child abuse and neglect, as prescribed by
13    Department rules;
14        (3) The general financial ability and competence of the
15    applicant to provide necessary care for children and to
16    maintain prescribed standards;
17        (4) The number of individuals or staff required to
18    insure adequate supervision and care of the children
19    received. The standards shall provide that each child care
20    institution, maternity center, day care center, group
21    home, day care home, and group day care home shall have on
22    its premises during its hours of operation at least one
23    staff member certified in first aid, in the Heimlich
24    maneuver and in cardiopulmonary resuscitation by the
25    American Red Cross or other organization approved by rule
26    of the Department. Child welfare agencies shall not be



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1    subject to such a staffing requirement. The Department may
2    offer, or arrange for the offering, on a periodic basis in
3    each community in this State in cooperation with the
4    American Red Cross, the American Heart Association or other
5    appropriate organization, voluntary programs to train
6    operators of foster family homes and day care homes in
7    first aid and cardiopulmonary resuscitation;
8        (5) The appropriateness, safety, cleanliness and
9    general adequacy of the premises, including maintenance of
10    adequate fire prevention and health standards conforming
11    to State laws and municipal codes to provide for the
12    physical comfort, care and well-being of children
13    received;
14        (6) Provisions for food, clothing, educational
15    opportunities, program, equipment and individual supplies
16    to assure the healthy physical, mental and spiritual
17    development of children served;
18        (7) Provisions to safeguard the legal rights of
19    children served;
20        (8) Maintenance of records pertaining to the
21    admission, progress, health and discharge of children,
22    including, for day care centers and day care homes, records
23    indicating each child has been immunized as required by
24    State regulations. The Department shall require proof that
25    children enrolled in a facility have been immunized against
26    Haemophilus Influenzae B (HIB);



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1        (9) Filing of reports with the Department;
2        (10) Discipline of children;
3        (11) Protection and fostering of the particular
4    religious faith of the children served;
5        (12) Provisions prohibiting firearms on day care
6    center premises except in the possession of peace officers;
7        (13) Provisions prohibiting handguns on day care home
8    premises except in the possession of peace officers or
9    other adults who must possess a handgun as a condition of
10    employment and who reside on the premises of a day care
11    home;
12        (14) Provisions requiring that any firearm permitted
13    on day care home premises, except handguns in the
14    possession of peace officers, shall be kept in a
15    disassembled state, without ammunition, in locked storage,
16    inaccessible to children and that ammunition permitted on
17    day care home premises shall be kept in locked storage
18    separate from that of disassembled firearms, inaccessible
19    to children;
20        (15) Provisions requiring notification of parents or
21    guardians enrolling children at a day care home of the
22    presence in the day care home of any firearms and
23    ammunition and of the arrangements for the separate, locked
24    storage of such firearms and ammunition.
25    (b) If, in a facility for general child care, there are
26children diagnosed as mentally ill, mentally retarded or



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1physically handicapped, who are determined to be in need of
2special mental treatment or of nursing care, or both mental
3treatment and nursing care, the Department shall seek the
4advice and recommendation of the Department of Human Services,
5the Department of Public Health, or both Departments regarding
6the residential treatment and nursing care provided by the
8    (c) The Department shall investigate any person applying to
9be licensed as a foster parent to determine whether there is
10any evidence of current drug or alcohol abuse in the
11prospective foster family. The Department shall not license a
12person as a foster parent if drug or alcohol abuse has been
13identified in the foster family or if a reasonable suspicion of
14such abuse exists, except that the Department may grant a
15foster parent license to an applicant identified with an
16alcohol or drug problem if the applicant has successfully
17participated in an alcohol or drug treatment program, self-help
18group, or other suitable activities.
19    (d) The Department, in applying standards prescribed and
20published, as herein provided, shall offer consultation
21through employed staff or other qualified persons to assist
22applicants and licensees in meeting and maintaining minimum
23requirements for a license and to help them otherwise to
24achieve programs of excellence related to the care of children
25served. Such consultation shall include providing information
26concerning education and training in early childhood



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1development to providers of day care home services. The
2Department may provide or arrange for such education and
3training for those providers who request such assistance.
4    (e) The Department shall distribute copies of licensing
5standards to all licensees and applicants for a license. Each
6licensee or holder of a permit shall distribute copies of the
7appropriate licensing standards and any other information
8required by the Department to child care facilities under its
9supervision. Each licensee or holder of a permit shall maintain
10appropriate documentation of the distribution of the
11standards. Such documentation shall be part of the records of
12the facility and subject to inspection by authorized
13representatives of the Department.
14    (f) The Department shall prepare summaries of day care
15licensing standards. Each licensee or holder of a permit for a
16day care facility shall distribute a copy of the appropriate
17summary and any other information required by the Department,
18to the legal guardian of each child cared for in that facility
19at the time when the child is enrolled or initially placed in
20the facility. The licensee or holder of a permit for a day care
21facility shall secure appropriate documentation of the
22distribution of the summary and brochure. Such documentation
23shall be a part of the records of the facility and subject to
24inspection by an authorized representative of the Department.
25    (g) The Department shall distribute to each licensee and
26holder of a permit copies of the licensing or permit standards



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



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1include the incidence and severity of the diseases, the
2availability of vaccines, and the importance of immunizing
3children and persons who frequently have close contact with
4children. The website content shall be reviewed annually in
5collaboration with the Department of Public Health to reflect
6the most current recommendations of the Advisory Committee on
7Immunization Practices (ACIP). The Department shall work with
8day care centers and day care homes licensed under this Act to
9ensure that the information is annually distributed to parents
10in August or September.
11(Source: P.A. 96-391, eff. 8-13-09.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".