Full Text of SB1638 98th General Assembly
SB1638 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1638 Introduced 2/13/2013, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: | | 225 ILCS 10/4 | from Ch. 23, par. 2214 |
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Amends the Child Care Act of 1969. Makes a technical change in a Section
concerning license requirements.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 4 as follows:
| 6 | | (225 ILCS 10/4) (from Ch. 23, par. 2214)
| 7 | | Sec. 4. License requirement; application; notice.
| 8 | | (a) Any person, group of of persons or corporation who or | 9 | | which
receives children or arranges for care or placement of | 10 | | one or more
children unrelated to the operator must apply for a | 11 | | license to operate
one of the types of facilities defined in | 12 | | Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | 13 | | relative who receives a child or children for placement by the
| 14 | | Department on a full-time basis may apply for a license to | 15 | | operate a foster
family home as defined in Section 2.17 of this | 16 | | Act.
| 17 | | (a-5) Any agency, person, group of persons, association, | 18 | | organization, corporation, institution, center, or group | 19 | | providing adoption services must be licensed by the Department | 20 | | as a child welfare agency as defined in Section 2.08 of this | 21 | | Act. "Providing adoption services" as used in this Act, | 22 | | includes facilitating or engaging in adoption services.
| 23 | | (b) Application for a license
to operate a child care |
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| 1 | | facility must be made to the Department in the manner
and on | 2 | | forms prescribed by it. An application to operate a foster | 3 | | family home
shall include, at a minimum: a completed written | 4 | | form; written authorization by
the applicant and all adult | 5 | | members of the applicant's household to conduct a
criminal | 6 | | background investigation; medical evidence in the form of a | 7 | | medical
report, on forms prescribed by the Department, that the | 8 | | applicant and all
members of the household are free from | 9 | | communicable diseases or physical and
mental conditions that | 10 | | affect their ability to provide care for the child or
children; | 11 | | the names and addresses of at least 3 persons not related to | 12 | | the
applicant who can attest to the applicant's moral | 13 | | character; and fingerprints
submitted by the applicant and all | 14 | | adult members of the applicant's household.
| 15 | | (c) The Department shall notify the public when a child | 16 | | care institution,
maternity center, or group home licensed by | 17 | | the Department undergoes a change
in (i) the range of care or | 18 | | services offered at the facility, (ii) the age or
type of | 19 | | children served, or (iii) the area within the facility used by
| 20 | | children. The Department shall notify the public of the change | 21 | | in a newspaper
of general
circulation in the county or | 22 | | municipality in which the applicant's facility is
or is | 23 | | proposed to be located.
| 24 | | (d) If, upon examination of the facility and investigation | 25 | | of persons
responsible
for care of children, the Department is | 26 | | satisfied that the facility and
responsible persons reasonably |
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| 1 | | meet standards prescribed for the type of
facility for which | 2 | | application is made, it shall issue a license in proper
form, | 3 | | designating on that license the type of child care facility | 4 | | and, except
for a child welfare agency, the number of children | 5 | | to be served at any one
time.
| 6 | | (e) The Department shall not issue or renew the license of | 7 | | any child welfare agency providing adoption services, unless | 8 | | the agency (i) is officially recognized by the United States | 9 | | Internal Revenue Service as a tax-exempt organization | 10 | | described in Section 501(c)(3) of the Internal Revenue Code of | 11 | | 1986 (or any successor provision of federal tax law) and (ii) | 12 | | is in compliance with all of the standards necessary to | 13 | | maintain its status as an organization described in Section | 14 | | 501(c)(3) of the Internal Revenue Code of 1986 (or any | 15 | | successor provision of federal tax law). The Department shall | 16 | | grant a grace period of 24 months from the effective date of | 17 | | this amendatory Act of the 94th General Assembly for existing | 18 | | child welfare agencies providing adoption services to obtain | 19 | | 501(c)(3) status. The Department shall permit an existing child | 20 | | welfare agency that converts from its current structure in | 21 | | order to be recognized as a 501(c)(3) organization as required | 22 | | by this Section to either retain its current license or | 23 | | transfer its current license to a newly formed entity, if the | 24 | | creation of a new entity is required in order to comply with | 25 | | this Section, provided that the child welfare agency | 26 | | demonstrates that it continues to meet all other licensing |
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| 1 | | requirements and that the principal officers and directors and | 2 | | programs of the converted child welfare agency or newly | 3 | | organized child welfare agency are substantially the same as | 4 | | the original. The Department shall have the sole discretion to | 5 | | grant a one year extension to any agency unable to obtain | 6 | | 501(c)(3) status within the timeframe specified in this | 7 | | subsection (e), provided that such agency has filed an | 8 | | application for 501(c)(3) status with the Internal Revenue | 9 | | Service within the 2-year timeframe specified in this | 10 | | subsection (e).
| 11 | | (Source: P.A. 94-586, eff. 8-15-05.)
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