Full Text of SB1999 98th General Assembly
SB1999sam002 98TH GENERAL ASSEMBLY | Sen. Michael Connelly Filed: 4/2/2014
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| 1 | | AMENDMENT TO SENATE BILL 1999
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1999 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 Section 7 as follows:
| 6 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| 7 | | Sec. 7. (a) The Department must prescribe and publish | 8 | | minimum standards
for licensing that apply to the various types | 9 | | of facilities for child care
defined in this Act and that are | 10 | | equally applicable to like institutions
under the control of | 11 | | the Department and to foster family homes used by and
under the | 12 | | direct supervision of the Department. The Department shall seek
| 13 | | the advice and assistance of persons representative of the | 14 | | various types of
child care facilities in establishing such | 15 | | standards. The standards
prescribed and published under this | 16 | | Act take effect as provided in the
Illinois Administrative |
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| 1 | | Procedure Act, and are restricted to
regulations pertaining to | 2 | | the following matters and to any rules and regulations required | 3 | | or 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; and
| 25 | | (16) Provisions requiring all licensed child care | 26 | | facility employees who care for newborns and infants to |
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| 1 | | complete training every 3 years on the nature of sudden | 2 | | unexpected infant death (SUID), sudden infant death | 3 | | syndrome (SIDS), and the safe sleep recommendations of the | 4 | | American Academy of Pediatrics. | 5 | | (b) If, in a facility for general child care, there are | 6 | | children
diagnosed as mentally ill, intellectually disabled or | 7 | | physically handicapped, who
are determined to be in need of | 8 | | special mental treatment or of nursing
care, or both mental | 9 | | treatment and nursing care, the Department shall seek
the | 10 | | advice and recommendation of the Department of Human Services,
| 11 | | the Department of Public Health, or both
Departments regarding | 12 | | the residential treatment and nursing care provided
by the | 13 | | institution.
| 14 | | (c) The Department shall investigate any person applying to | 15 | | be
licensed as a foster parent to determine whether there is | 16 | | any evidence of
current drug or alcohol abuse in the | 17 | | prospective foster family. The
Department shall not license a | 18 | | person as a foster parent if drug or alcohol
abuse has been | 19 | | identified in the foster family or if a reasonable suspicion
of | 20 | | such abuse exists, except that the Department may grant a | 21 | | foster parent
license to an applicant identified with an | 22 | | alcohol or drug problem if the
applicant has successfully | 23 | | participated in an alcohol or drug treatment
program, self-help | 24 | | group, or other suitable activities.
| 25 | | (d) The Department, in applying standards prescribed and | 26 | | published, as
herein provided, shall offer consultation |
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| 1 | | through employed staff or other
qualified persons to assist | 2 | | applicants and licensees in meeting and
maintaining minimum | 3 | | requirements for a license and to help them otherwise
to | 4 | | achieve programs of excellence related to the care of children | 5 | | served.
Such consultation shall include providing information | 6 | | concerning education
and training in early childhood | 7 | | development to providers of day care home
services. The | 8 | | Department may provide or arrange for such education and
| 9 | | training for those providers who request such assistance.
| 10 | | (e) The Department shall distribute copies of licensing
| 11 | | standards to all licensees and applicants for a license. Each | 12 | | licensee or
holder of a permit shall distribute copies of the | 13 | | appropriate licensing
standards and any other information | 14 | | required by the Department to child
care facilities under its | 15 | | supervision. Each licensee or holder of a permit
shall maintain | 16 | | appropriate documentation of the distribution of the
| 17 | | standards. Such documentation shall be part of the records of | 18 | | the facility
and subject to inspection by authorized | 19 | | representatives of the Department.
| 20 | | (f) The Department shall prepare summaries of day care | 21 | | licensing
standards. Each licensee or holder of a permit for a | 22 | | day care facility
shall distribute a copy of the appropriate | 23 | | summary and any other
information required by the Department, | 24 | | to the legal guardian of each child
cared for in that facility | 25 | | at the time when the child is enrolled or
initially placed in | 26 | | the facility. The licensee or holder of a permit for a
day care |
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| 1 | | facility shall secure appropriate documentation of the
| 2 | | distribution of the summary and brochure. Such documentation | 3 | | shall be a
part of the records of the facility and subject to | 4 | | inspection by an
authorized representative of the Department.
| 5 | | (g) The Department shall distribute to each licensee and
| 6 | | holder of a permit copies of the licensing or permit standards | 7 | | applicable
to such person's facility. Each licensee or holder | 8 | | of a permit shall make
available by posting at all times in a | 9 | | common or otherwise accessible area
a complete and current set | 10 | | of licensing standards in order that all
employees of the | 11 | | facility may have unrestricted access to such standards.
All | 12 | | employees of the facility shall have reviewed the standards and | 13 | | any
subsequent changes. Each licensee or holder of a permit | 14 | | shall maintain
appropriate documentation of the current review | 15 | | of licensing standards by
all employees. Such records shall be | 16 | | part of the records of the facility
and subject to inspection | 17 | | by authorized representatives of the Department.
| 18 | | (h) Any standards involving physical examinations, | 19 | | immunization,
or medical treatment shall include appropriate | 20 | | exemptions for children
whose parents object thereto on the | 21 | | grounds that they conflict with the
tenets and practices of a | 22 | | recognized church or religious organization, of
which the | 23 | | parent is an adherent or member, and for children who should | 24 | | not
be subjected to immunization for clinical reasons.
| 25 | | (i) The Department, in cooperation with the Department of | 26 | | Public Health, shall work to increase immunization awareness |
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| 1 | | and participation among parents of children enrolled in day | 2 | | care centers and day care homes by publishing on the | 3 | | Department's website information about the benefits of | 4 | | immunization against vaccine preventable diseases, including | 5 | | influenza and pertussis. The information for vaccine | 6 | | preventable diseases shall include the incidence and severity | 7 | | of the diseases, the availability of vaccines, and the | 8 | | importance of immunizing children and persons who frequently | 9 | | have close contact with children. The website content shall be | 10 | | reviewed annually in collaboration with the Department of | 11 | | Public Health to reflect the most current recommendations of | 12 | | the Advisory Committee on Immunization Practices (ACIP). The | 13 | | Department shall work with day care centers and day care homes | 14 | | licensed under this Act to ensure that the information is | 15 | | annually distributed to parents in August or September. | 16 | | (j) Any standard adopted by the Department that requires an | 17 | | applicant for a license to operate a day care home to include a | 18 | | copy of a high school diploma or equivalent certificate with | 19 | | his or her application shall be deemed to be satisfied if the | 20 | | applicant includes a copy of a high school diploma or | 21 | | equivalent certificate or a copy of a degree from an accredited | 22 | | institution of higher education or vocational institution or | 23 | | equivalent certificate. | 24 | | (Source: P.A. 96-391, eff. 8-13-09; 97-83, eff. 1-1-12; 97-227, | 25 | | eff. 1-1-12; 97-494, eff. 8-22-11; 97-813, eff. 7-13-12.)".
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