SB1600 EngrossedLRB098 02594 MGM 32599 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 4.1 and by adding Sections 2.28 and 2.29 as
7    (225 ILCS 10/2.28 new)
8    Sec. 2.28. Non-licensed service provider. "Non-licensed
9service provider" means an individual or entity that contracts
10with the Department to provide child welfare services that
11enable the Department to perform its duties under the Abused
12and Neglected Child Reporting Act, the Child Care Act of 1969,
13and the Children and Family Services Act. "Non-licensed service
14provider" includes an entity offering a service to the
15Department through a signed contract.
16    (225 ILCS 10/2.29 new)
17    Sec. 2.29. Volunteer. "Volunteer" means a person who
18performs a service willingly and without pay.
19    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
20    Sec. 4.1. Criminal Background Investigations. The
21Department shall require that each child care facility license



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1applicant as part of the application process, and each
2employee, non-licensed service provider, and volunteer of a
3child care facility as a condition of employment, authorize an
4investigation to determine if such applicant, or employee,
5non-licensed service provider, or volunteer has ever been
6charged with a crime and if so, the disposition of those
7charges; this authorization shall indicate the scope of the
8inquiry and the agencies which may be contacted. Upon this
9authorization, the Director shall request and receive
10information and assistance from any federal, State or local
11governmental agency as part of the authorized investigation.
12Each applicant, employee, non-licensed service provider, or
13volunteer shall submit his or her fingerprints to the
14Department of State Police in the form and manner prescribed by
15the Department of State Police. These fingerprints shall be
16checked against the fingerprint records now and hereafter filed
17in the Department of State Police and Federal Bureau of
18Investigation criminal history records databases. The
19Department of State Police shall charge a fee for conducting
20the criminal history records check, which shall be deposited in
21the State Police Services Fund and shall not exceed the actual
22cost of the records check. The Department of State Police shall
23provide information concerning any criminal charges, and their
24disposition, now or hereafter filed, against an applicant, or
25child care facility employee, non-licensed service provider,
26or volunteer upon request of the Department of Children and



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1Family Services when the request is made in the form and manner
2required by the Department of State Police.
3    Information concerning convictions of a license applicant,
4employee, non-licensed service provider, and volunteer
5investigated under this Section, including the source of the
6information and any conclusions or recommendations derived
7from the information, shall be provided, upon request, to such
8applicant, employee, non-licensed service provider, and
9volunteer prior to final action by the Department on the
10application. State conviction information provided by the
11Department of State Police regarding employees or prospective
12employees, non-licensed service providers, and volunteers of
13child care facilities licensed under this Act shall be provided
14to the operator of such facility, and, upon request, to the
15employee or prospective employee, non-licensed service
16provider, or volunteer. Any information concerning criminal
17charges and the disposition of such charges obtained by the
18Department shall be confidential and may not be transmitted
19outside the Department, except as required herein, and may not
20be transmitted to anyone within the Department except as needed
21for the purpose of evaluating an application or a child care
22facility employee, non-licensed service provider, or
23volunteer. Only information and standards which bear a
24reasonable and rational relation to the performance of a child
25care facility shall be used by the Department or any licensee.
26Any employee of the Department of Children and Family Services,



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1Department of State Police, or a child care facility receiving
2confidential information under this Section who gives or causes
3to be given any confidential information concerning any
4criminal convictions of a child care facility applicant, or
5child care facility employee, non-licensed service providers,
6or volunteers shall be guilty of a Class A misdemeanor unless
7release of such information is authorized by this Section.
8    A child care facility may hire, on a probationary basis,
9any employee, non-licensed service provider, or volunteer
10authorizing a criminal background investigation under this
11Section, pending the result of such investigation. Employees,
12non-licensed service providers, and volunteers shall be
13notified prior to hiring that such employment may be terminated
14on the basis of criminal background information obtained by the
16(Source: P.A. 93-418, eff. 1-1-04.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.