Full Text of SB0104 97th General Assembly
SB0104sam001 97TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 3/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 104
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 104 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Sections 4, 5, 6, 7, 8, and 8.1 and by adding Section | 6 | | 3.2 as follows: | 7 | | (225 ILCS 10/3.2 new) | 8 | | Sec. 3.2. Licensing fees; fines; DCFS Children's Services | 9 | | Fund. | 10 | | (a) The Department shall charge a fee for application for | 11 | | or renewal of a license on every day care center, day care | 12 | | home, or group day care home. These fees shall be paid to the | 13 | | Department upon the application for or renewal of a license. | 14 | | The Department shall adopt rules pursuant to the Illinois | 15 | | Administrative Procedure Act pertaining to rate setting for | 16 | | licensing fees. Any fee for licensure application or renewal |
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| 1 | | for a day care home or group day care home, as defined in this | 2 | | Act, shall not exceed $100 and any fee for a day care center, | 3 | | as defined in this Act, shall not exceed $500. | 4 | | (b) The Department may assess a fine on any day care center | 5 | | for a violation of this Act. The Department shall adopt rules | 6 | | pursuant to the Illinois Administrative Procedure Act | 7 | | pertaining to and setting the fines established under this Act. | 8 | | No fine shall exceed $500 per violation. | 9 | | (c) All fees and fines collected by the Department under | 10 | | this Act shall be deposited into the DCFS Children's Services | 11 | | Fund and must be used to enhance services by the Department | 12 | | pursuant to this Act.
| 13 | | (225 ILCS 10/4) (from Ch. 23, par. 2214)
| 14 | | Sec. 4. License requirement; application; notice.
| 15 | | (a) Any person, group of persons , or corporation who or | 16 | | which
receives children or arranges for care or placement of | 17 | | one or more
children unrelated to the operator must apply for a | 18 | | license to operate
one of the types of facilities defined in | 19 | | Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | 20 | | relative who receives a child or children for placement by the
| 21 | | Department on a full-time basis may apply for a license to | 22 | | operate a foster
family home as defined in Section 2.17 of this | 23 | | Act.
| 24 | | (a-5) Any agency, person, group of persons, association, | 25 | | organization, corporation, institution, center, or group |
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| 1 | | providing adoption services must be licensed by the Department | 2 | | as a child welfare agency as defined in Section 2.08 of this | 3 | | Act. "Providing adoption services" as used in this Act, | 4 | | includes facilitating or engaging in adoption services.
| 5 | | (b) Application for a license
to operate a child care | 6 | | facility must be made to the Department in the manner
and on | 7 | | forms prescribed by it. An application to operate a foster | 8 | | family home
shall include, at a minimum: a completed written | 9 | | form; written authorization by
the applicant and all adult | 10 | | members of the applicant's household to conduct a
criminal | 11 | | background investigation; medical evidence in the form of a | 12 | | medical
report, on forms prescribed by the Department, that the | 13 | | applicant and all
members of the household are free from | 14 | | communicable diseases or physical and
mental conditions that | 15 | | affect their ability to provide care for the child or
children; | 16 | | the names and addresses of at least 3 persons not related to | 17 | | the
applicant who can attest to the applicant's moral | 18 | | character; and fingerprints
submitted by the applicant and all | 19 | | adult members of the applicant's household.
| 20 | | (b-5) Application for a license to operate a day care | 21 | | center, day care home, or group day care home shall include a | 22 | | non-refundable application fee. The Department shall adopt | 23 | | rules and policies pursuant to the Illinois Administrative | 24 | | Procedure Act to set a fee schedule. | 25 | | (c) The Department shall notify the public when a child | 26 | | care institution,
maternity center, or group home licensed by |
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| 1 | | the Department undergoes a change
in (i) the range of care or | 2 | | services offered at the facility, (ii) the age or
type of | 3 | | children served, or (iii) the area within the facility used by
| 4 | | children. The Department shall notify the public of the change | 5 | | in a newspaper
of general
circulation in the county or | 6 | | municipality in which the applicant's facility is
or is | 7 | | proposed to be located.
| 8 | | (d) If, upon examination of the facility and investigation | 9 | | of persons
responsible
for care of children, the Department is | 10 | | satisfied that the facility and
responsible persons reasonably | 11 | | meet standards prescribed for the type of
facility for which | 12 | | application is made, and has paid the applicable application | 13 | | fee, then the Department it shall issue a license in proper
| 14 | | form, designating on that license the type of child care | 15 | | facility and, except
for a child welfare agency, the number of | 16 | | children to be served at any one
time.
| 17 | | (e) The Department shall not issue or renew the license of | 18 | | any child welfare agency providing adoption services, unless | 19 | | the agency (i) is officially recognized by the United States | 20 | | Internal Revenue Service as a tax-exempt organization | 21 | | described in Section 501(c)(3) of the Internal Revenue Code of | 22 | | 1986 (or any successor provision of federal tax law) and (ii) | 23 | | is in compliance with all of the standards necessary to | 24 | | maintain its status as an organization described in Section | 25 | | 501(c)(3) of the Internal Revenue Code of 1986 (or any | 26 | | successor provision of federal tax law). The Department shall |
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| 1 | | grant a grace period of 24 months from the effective date of | 2 | | this amendatory Act of the 94th General Assembly for existing | 3 | | child welfare agencies providing adoption services to obtain | 4 | | 501(c)(3) status. The Department shall permit an existing child | 5 | | welfare agency that converts from its current structure in | 6 | | order to be recognized as a 501(c)(3) organization as required | 7 | | by this Section to either retain its current license or | 8 | | transfer its current license to a newly formed entity, if the | 9 | | creation of a new entity is required in order to comply with | 10 | | this Section, provided that the child welfare agency | 11 | | demonstrates that it continues to meet all other licensing | 12 | | requirements and that the principal officers and directors and | 13 | | programs of the converted child welfare agency or newly | 14 | | organized child welfare agency are substantially the same as | 15 | | the original. The Department shall have the sole discretion to | 16 | | grant a one year extension to any agency unable to obtain | 17 | | 501(c)(3) status within the timeframe specified in this | 18 | | subsection (e), provided that such agency has filed an | 19 | | application for 501(c)(3) status with the Internal Revenue | 20 | | Service within the 2-year timeframe specified in this | 21 | | subsection (e).
| 22 | | (Source: P.A. 94-586, eff. 8-15-05.)
| 23 | | (225 ILCS 10/5) (from Ch. 23, par. 2215)
| 24 | | Sec. 5.
(a) In respect to child care institutions, | 25 | | maternity
centers, child welfare agencies, day care centers, |
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| 1 | | day care agencies ,
and group homes, the Department, upon | 2 | | receiving application filed in
proper order, shall examine the | 3 | | facilities and persons responsible for
care of children | 4 | | therein.
| 5 | | (b) In respect to foster family and day care homes, | 6 | | applications
may be filed on behalf of such homes by a licensed | 7 | | child welfare agency,
by a State agency authorized to place | 8 | | children in foster care or by
out-of-State agencies approved by | 9 | | the Department to place children in
this State. In respect to | 10 | | day care homes, applications may be filed on
behalf of such | 11 | | homes by a licensed day care agency or licensed child welfare
| 12 | | agency. In applying for license in behalf of a home in which
| 13 | | children are placed by and remain under supervision of the | 14 | | applicant
agency, such agency shall certify that the home and | 15 | | persons responsible
for care of unrelated children therein, or | 16 | | the home and relatives responsible
for the care of related | 17 | | children therein, were found to be in reasonable
compliance | 18 | | with standards prescribed by the Department for the type of
| 19 | | care indicated.
| 20 | | (c) The Department shall not allow any person to examine | 21 | | facilities
under a provision of this Act who has not passed an | 22 | | examination
demonstrating that such person is familiar with | 23 | | this Act and with the
appropriate standards and regulations of | 24 | | the Department.
| 25 | | (d) With the exception of day care centers, day care homes, | 26 | | and group day
care homes, licenses shall be issued in such form |
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| 1 | | and manner as prescribed
by the Department and are valid for 4 | 2 | | years from the date issued,
unless
revoked by the Department or | 3 | | voluntarily surrendered by the licensee.
Licenses issued for | 4 | | day care centers, day care homes, and group day care
homes
| 5 | | shall be valid for 3 years from the date issued, unless revoked | 6 | | by the
Department or voluntarily surrendered by the licensee. | 7 | | When
a licensee has made timely and sufficient application for | 8 | | the renewal of
a license or a new license , including payment of | 9 | | the required fee, with reference to any activity of a | 10 | | continuing
nature, the existing license shall continue in full | 11 | | force and effect for
up to 30 days until the final agency | 12 | | decision on the application has been
made. The Department may | 13 | | further extend the period in which such decision
must be made | 14 | | in individual cases for up to 30 days, but such extensions
| 15 | | shall be only upon good cause shown. If for any reason, other | 16 | | than Department delay, the renewal process is not completed | 17 | | within 6 months of the submission of the renewal application, | 18 | | then the license expires and under no circumstances shall an | 19 | | additional extension be granted by the Department and the | 20 | | facility must submit a new application for a new license.
| 21 | | (e) The Department may issue one 6-month permit to a newly
| 22 | | established facility for child care to allow that facility | 23 | | reasonable
time to become eligible for a full license. If the | 24 | | facility for child care
is a foster family home, or day care | 25 | | home the Department may issue one
2-month permit only.
| 26 | | (f) The Department may issue an emergency permit to a child |
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| 1 | | care
facility taking in children as a result of the temporary | 2 | | closure for
more than 2 weeks of a licensed child care facility | 3 | | due to a
natural disaster. An emergency permit under this | 4 | | subsection shall be
issued to a facility only if the persons | 5 | | providing child care services at
the facility were employees of | 6 | | the temporarily closed day care center at the
time it was | 7 | | closed. No investigation of an employee of a child care | 8 | | facility
receiving an emergency permit under this subsection | 9 | | shall be required if that
employee has previously been | 10 | | investigated at another child care facility. No
emergency | 11 | | permit issued under this subsection shall be valid for more | 12 | | than 90
days after the date of issuance.
| 13 | | (g) During the hours of operation of any licensed child | 14 | | care
facility, authorized representatives of the Department | 15 | | may without
notice visit the facility for the purpose of | 16 | | determining its continuing
compliance with this Act or | 17 | | regulations adopted pursuant thereto.
| 18 | | (h) Day care centers, day care homes, and group day care | 19 | | homes shall be
monitored at least annually by a licensing | 20 | | representative from the Department
or the agency that | 21 | | recommended licensure.
| 22 | | (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 89-626, | 23 | | eff.
8-9-96.)
| 24 | | (225 ILCS 10/6) (from Ch. 23, par. 2216)
| 25 | | Sec. 6.
(a) A licensed facility operating as a "child care |
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| 1 | | institution",
"maternity center", "child welfare agency", "day | 2 | | care agency" or "day care
center" must apply for renewal of its | 3 | | license held, the application to be
made to the Department on | 4 | | forms prescribed by it. The Department shall charge a fee for | 5 | | the renewal of a license as required in Section 3.2 of this | 6 | | Act.
| 7 | | (b) The Department, a duly licensed child welfare agency or | 8 | | a suitable
agency or person designated by the Department as its | 9 | | agent to do so, must
re-examine every child care facility for | 10 | | renewal of license, including in
that process the examination | 11 | | of the premises and records of the facility as
the Department | 12 | | considers necessary to determine that minimum standards for
| 13 | | licensing continue to be met, and random surveys of parents or | 14 | | legal
guardians who are consumers of such facilities' services | 15 | | to assess the
quality of care at such facilities. In the case | 16 | | of foster family homes,
or day care homes under the supervision | 17 | | of or otherwise required to
be licensed by the Department, or | 18 | | under supervision of a licensed child
welfare agency or day | 19 | | care agency, the examination shall be made by the
Department, | 20 | | or agency supervising such homes. If the Department is
| 21 | | satisfied that the facility continues to maintain minimum | 22 | | standards which it
prescribes and publishes, it shall renew the | 23 | | license to operate the facility.
| 24 | | (c) If a child care facility's license is revoked, or if | 25 | | the
Department refuses to renew a facility's license, the | 26 | | facility may not
reapply for a license before the expiration of |
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| 1 | | 12 months following the
Department's action; provided, | 2 | | however, that the denial of a reapplication
for a license | 3 | | pursuant to this subsection must be supported by evidence
that | 4 | | the prior revocation renders the applicant unqualified or | 5 | | incapable of
satisfying the standards and rules promulgated by | 6 | | the Department pursuant
to this Act or maintaining a facility | 7 | | which adheres to such standards and
rules.
| 8 | | (Source: P.A. 86-554.)
| 9 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| 10 | | Sec. 7. (a) The Department must prescribe and publish | 11 | | minimum standards
for licensing that apply to the various types | 12 | | of facilities for child care
defined in this Act and that are | 13 | | equally applicable to like institutions
under the control of | 14 | | the Department and to foster family homes used by and
under the | 15 | | direct supervision of the Department. The Department shall seek
| 16 | | the advice and assistance of persons representative of the | 17 | | various types of
child care facilities in establishing such | 18 | | standards. The standards
prescribed and published under this | 19 | | Act take effect as provided in the
Illinois Administrative | 20 | | Procedure Act, and are restricted to
regulations pertaining to | 21 | | the following matters and to any rules and regulations required | 22 | | or permitted by any other Section of this Act:
| 23 | | (1) The operation and conduct of the facility and | 24 | | responsibility it
assumes for child care;
| 25 | | (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 care | 3 | | center licensees and employees who are required
to
report | 4 | | child abuse or neglect under the Abused and Neglected Child | 5 | | Reporting
Act shall be required to attend training on | 6 | | recognizing child abuse and
neglect, as prescribed by | 7 | | Department rules;
| 8 | | (3) The general financial ability and competence of the | 9 | | applicant to
provide necessary care for children and to | 10 | | 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 other | 25 | | appropriate organization, voluntary programs to
train | 26 | | operators of foster family homes and day care homes in |
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| 1 | | 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, records | 17 | | indicating each child has been immunized as required by | 18 | | State
regulations. The Department shall require proof that | 19 | | children enrolled in
a facility have been immunized against | 20 | | 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 officers;
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| 1 | | (13) Provisions prohibiting handguns on day care home | 2 | | premises except in
the possession of peace officers or | 3 | | other adults who must possess a handgun
as a condition of | 4 | | employment and who reside on the premises of a day care | 5 | | home;
| 6 | | (14) Provisions requiring that any firearm permitted | 7 | | on day care home
premises, except handguns in the | 8 | | possession of peace officers, shall be
kept in a | 9 | | disassembled state, without ammunition, in locked storage,
| 10 | | inaccessible to children and that ammunition permitted on | 11 | | day care home
premises shall be kept in locked storage | 12 | | separate from that of disassembled
firearms, inaccessible | 13 | | to children;
| 14 | | (15) Provisions requiring notification of parents or | 15 | | guardians enrolling
children at a day care home of the | 16 | | presence in the day care home of any
firearms and | 17 | | ammunition and of the arrangements for the separate, locked
| 18 | | storage of such firearms and ammunition.
| 19 | | (a-5) The Department must prescribe and publish schedules | 20 | | for licensure application and licensing renewal fees that apply | 21 | | to the various types of day care centers, day care homes, and | 22 | | group day care homes. The fee and fine schedules prescribed and | 23 | | published under this Act take effect as provided in the | 24 | | Illinois Administrative Procedure Act. | 25 | | (a-10) The Department shall publish information on | 26 | | substantiated violations found in all day care centers, day |
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| 1 | | care homes, and group day care homes. The Department must | 2 | | prescribe and publish schedules of fines that apply to day care | 3 | | centers for violations of this Act. The fine schedules | 4 | | prescribed and published under this Act take effect as provided | 5 | | in the Illinois Administrative Procedure Act. | 6 | | (b) If, in a facility for general child care, there are | 7 | | children
diagnosed as mentally ill, mentally retarded or | 8 | | physically handicapped, who
are determined to be in need of | 9 | | special mental treatment or of nursing
care, or both mental | 10 | | treatment and nursing care, the Department shall seek
the | 11 | | advice and recommendation of the Department of Human Services,
| 12 | | the Department of Public Health, or both
Departments regarding | 13 | | the residential treatment and nursing care provided
by the | 14 | | institution.
| 15 | | (c) The Department shall investigate any person applying to | 16 | | be
licensed as a foster parent to determine whether there is | 17 | | any evidence of
current drug or alcohol abuse in the | 18 | | prospective foster family. The
Department shall not license a | 19 | | person as a foster parent if drug or alcohol
abuse has been | 20 | | identified in the foster family or if a reasonable suspicion
of | 21 | | such abuse exists, except that the Department may grant a | 22 | | foster parent
license to an applicant identified with an | 23 | | alcohol or drug problem if the
applicant has successfully | 24 | | participated in an alcohol or drug treatment
program, self-help | 25 | | group, or other suitable activities.
| 26 | | (d) The Department, in applying standards prescribed and |
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| 1 | | published, as
herein provided, shall offer consultation | 2 | | through employed staff or other
qualified persons to assist | 3 | | applicants and licensees in meeting and
maintaining minimum | 4 | | requirements for a license and to help them otherwise
to | 5 | | achieve programs of excellence related to the care of children | 6 | | served.
Such consultation shall include providing information | 7 | | concerning education
and training in early childhood | 8 | | development to providers of day care home
services. The | 9 | | Department may provide or arrange for such education and
| 10 | | training for those providers who request such assistance.
| 11 | | (e) The Department shall distribute copies of licensing
| 12 | | standards to all licensees and applicants for a license. Each | 13 | | licensee or
holder of a permit shall distribute copies of the | 14 | | appropriate licensing
standards and any other information | 15 | | required by the Department to child
care facilities under its | 16 | | supervision. Each licensee or holder of a permit
shall maintain | 17 | | appropriate documentation of the distribution of the
| 18 | | standards. Such documentation shall be part of the records of | 19 | | the facility
and subject to inspection by authorized | 20 | | representatives of the Department.
| 21 | | (f) The Department shall prepare summaries of day care | 22 | | licensing
standards. Each licensee or holder of a permit for a | 23 | | day care facility
shall distribute a copy of the appropriate | 24 | | summary and any other
information required by the Department, | 25 | | to the legal guardian of each child
cared for in that facility | 26 | | at the time when the child is enrolled or
initially placed in |
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| 1 | | the facility. The licensee or holder of a permit for a
day care | 2 | | facility shall secure appropriate documentation of the
| 3 | | distribution of the summary and brochure. Such documentation | 4 | | shall be a
part of the records of the facility and subject to | 5 | | inspection by an
authorized representative of the Department.
| 6 | | (g) The Department shall distribute to each licensee and
| 7 | | holder of a permit copies of the licensing or permit standards | 8 | | applicable
to such person's facility. Each licensee or holder | 9 | | of a permit shall make
available by posting at all times in a | 10 | | common or otherwise accessible area
a complete and current set | 11 | | of licensing standards in order that all
employees of the | 12 | | facility may have unrestricted access to such standards.
All | 13 | | employees of the facility shall have reviewed the standards and | 14 | | any
subsequent changes. Each licensee or holder of a permit | 15 | | shall maintain
appropriate documentation of the current review | 16 | | of licensing standards by
all employees. Such records shall be | 17 | | part of the records of the facility
and subject to inspection | 18 | | by authorized representatives of the Department.
| 19 | | (h) Any standards involving physical examinations, | 20 | | immunization,
or medical treatment shall include appropriate | 21 | | exemptions for children
whose parents object thereto on the | 22 | | grounds that they conflict with the
tenets and practices of a | 23 | | recognized church or religious organization, of
which the | 24 | | parent is an adherent or member, and for children who should | 25 | | not
be subjected to immunization for clinical reasons.
| 26 | | (i) The Department, in cooperation with the Department of |
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| 1 | | Public Health, shall work to increase immunization awareness | 2 | | and participation among parents of children enrolled in day | 3 | | care centers and day care homes by publishing on the | 4 | | Department's website information about the benefits of annual | 5 | | immunization against influenza for children 6 months of age to | 6 | | 5 years of age. The Department shall work with day care centers | 7 | | and day care homes licensed under this Act to ensure that the | 8 | | information is annually distributed to parents in August or | 9 | | September. | 10 | | (Source: P.A. 96-391, eff. 8-13-09.)
| 11 | | (225 ILCS 10/8) (from Ch. 23, par. 2218)
| 12 | | Sec. 8. The Department may revoke or refuse to renew the | 13 | | license of any
child care facility or child welfare agency or | 14 | | refuse to issue full license to the holder of a permit
should | 15 | | the licensee or holder of a permit:
| 16 | | (1) fail to maintain standards prescribed and | 17 | | published by the Department;
| 18 | | (2) violate any of the provisions of the license | 19 | | issued;
| 20 | | (2.3) fail to pay a license renewal fee; | 21 | | (2.5) fail to pay a fine owed to the Department; | 22 | | (3) furnish or make any misleading or any false | 23 | | statement or report to
the Department;
| 24 | | (4) refuse to submit to the Department any reports or | 25 | | refuse to make
available to the Department any records |
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| 1 | | required by the Department in
making investigation of the | 2 | | facility for licensing purposes;
| 3 | | (5) fail or refuse to submit to an investigation by the | 4 | | Department;
| 5 | | (6) fail or refuse to admit authorized representatives | 6 | | of the Department
at any reasonable time for the purpose of | 7 | | investigation;
| 8 | | (7) fail to provide, maintain, equip and keep in safe | 9 | | and sanitary
condition premises established or used for | 10 | | child care as required under
standards prescribed by the | 11 | | Department, or as otherwise required by any
law, regulation | 12 | | or ordinance applicable to the location of such facility;
| 13 | | (8) refuse to display its license or permit;
| 14 | | (9) be the subject of an indicated report under Section | 15 | | 3 of the Abused
and Neglected Child Reporting Act or fail | 16 | | to discharge or sever
affiliation with the child care | 17 | | facility of an employee or volunteer at the
facility with | 18 | | direct contact with children who is the subject of an | 19 | | indicated
report under Section 3 of that Act;
| 20 | | (10) fail to comply with the provisions of Section 7.1;
| 21 | | (11) fail to exercise reasonable care in the hiring, | 22 | | training and
supervision of facility personnel;
| 23 | | (12) fail to report suspected abuse or neglect of | 24 | | children within the
facility, as required by the Abused and | 25 | | Neglected Child Reporting Act; | 26 | | (12.5) fail to comply with subsection (c-5) of Section |
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| 1 | | 7.4;
| 2 | | (13) fail to comply with Section 5.1 or 5.2 of this | 3 | | Act; or
| 4 | | (14) be identified in an investigation by the | 5 | | Department as an addict or
alcoholic, as defined in the | 6 | | Alcoholism and Other Drug Abuse and Dependency
Act, or be a | 7 | | person whom the Department knows has abused alcohol or | 8 | | drugs,
and has not
successfully participated in treatment, | 9 | | self-help groups or other suitable
activities, and the | 10 | | Department determines that because of such abuse the
| 11 | | licensee, holder of the permit, or any other person | 12 | | directly responsible
for the care and welfare of the | 13 | | children served, does not comply with
standards relating to | 14 | | character, suitability or other qualifications
established | 15 | | under Section 7 of this Act.
| 16 | | (Source: P.A. 94-586, eff. 8-15-05; 94-1010, eff. 10-1-06.)
| 17 | | (225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
| 18 | | Sec. 8.1.
The Department shall revoke or refuse to renew | 19 | | the license of
any child care facility or refuse to issue a | 20 | | full license to the holder
of a permit should the licensee or | 21 | | holder of a permit:
| 22 | | (1) fail to correct any condition which jeopardizes the | 23 | | health, safety,
morals, or welfare of children served by the | 24 | | facility;
| 25 | | (2) fail to correct any condition or occurrence
relating to |
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| 1 | | the operation
or maintenance of the facility comprising a | 2 | | violation under Section 8 of this Act; or
| 3 | | (3) fail to maintain financial resources adequate for the | 4 | | satisfactory
care of children served in regard to upkeep of | 5 | | premises, and provisions
for personal care, medical services, | 6 | | clothing, education and other essentials
in the proper care, | 7 | | rearing and training of children ; .
| 8 | | (4) fail to pay a license renewal fee; or | 9 | | (5) fail to pay a fine owed to the Department. | 10 | | (Source: P.A. 83-1362.)
| 11 | | Section 99. Effective date. This Act takes effect July 1, | 12 | | 2013.".
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