Full Text of HB2552 102nd General Assembly
HB2552ham001 102ND GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 3/18/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2552
| 2 | | AMENDMENT NO. ______. Amend House Bill 2552 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 2.09 as follows:
| 6 | | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
| 7 | | Sec. 2.09.
"Day care center" means any child care facility | 8 | | which regularly
provides day care for less than 24 hours per | 9 | | day for (1) more than 8 children
in a family home, or (2) more | 10 | | than 3 children in a facility other than a
family home, | 11 | | including senior citizen buildings. | 12 | | The term does not include:
| 13 | | (a)
programs operated by (i) public or private | 14 | | elementary school systems or
secondary level school units | 15 | | or institutions of higher learning that
serve children who | 16 | | shall have attained the age of 3 years or (ii) private
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| 1 | | entities on the grounds of public or private elementary or
| 2 | | secondary schools and that serve children who have | 3 | | attained the age of 3
years, except that this exception | 4 | | applies only to the facility and not to the
private | 5 | | entities' personnel operating the program;
| 6 | | (b)
programs
or that portion of the program which | 7 | | serves children who shall have attained
the age of 3 years | 8 | | and which are recognized by the State Board of Education;
| 9 | | (c) an educational program or programs serving | 10 | | children who shall have attained
the age of 2 3 years and | 11 | | which are operated by a school which is registered
with | 12 | | the State Board of Education and which is recognized or | 13 | | accredited
by a recognized national or multistate
| 14 | | educational organization or association which regularly | 15 | | recognizes or accredits
schools; | 16 | | (d) programs which exclusively serve or that portion | 17 | | of the
program which serves children with disabilities who | 18 | | shall have attained the age
of 3 years but are less than 21 | 19 | | years of age and which are registered and
approved as | 20 | | meeting standards of the State Board of Education and
| 21 | | applicable fire marshal standards; | 22 | | (e) facilities operated in connection
with a shopping | 23 | | center or service, religious services, or other similar
| 24 | | facility, where transient children are cared for | 25 | | temporarily while parents
or custodians of the children | 26 | | are occupied on the premises and readily
available; |
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| 1 | | (f) any type of day care center that is
conducted on | 2 | | federal government premises; | 3 | | (g) special activities
programs, including athletics, | 4 | | crafts instruction, and similar activities
conducted on an | 5 | | organized and periodic basis by civic, charitable and
| 6 | | governmental organizations; | 7 | | (h) part day child care facilities, as
defined in | 8 | | Section 2.10 of this Act; | 9 | | (i) programs or that portion of
the program which: | 10 | | (1) serves children who shall have attained the | 11 | | age of
3 years; | 12 | | (2) is operated by churches or religious | 13 | | institutions as described
in Section 501(c)(3) of the | 14 | | federal Internal Revenue Code; | 15 | | (3) receives
no governmental aid; | 16 | | (4) is operated as a component of a religious, | 17 | | nonprofit
elementary school; | 18 | | (5) operates primarily to provide religious | 19 | | education;
and | 20 | | (6) meets appropriate State or local health and | 21 | | fire safety standards; or | 22 | | (j) programs or portions of programs that: | 23 | | (1) serve only school-age children and youth | 24 | | (defined as full-time kindergarten children, as | 25 | | defined in 89 Ill. Adm. Code 407.45, or older); | 26 | | (2) are organized to promote childhood learning, |
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| 1 | | child and youth development, educational or | 2 | | recreational activities, or character-building; | 3 | | (3) operate primarily during out-of-school time or | 4 | | at times when school is not normally in session; | 5 | | (4) comply with the standards of the Illinois | 6 | | Department of Public Health (77 Ill. Adm. Code 750) or | 7 | | the local health department, the Illinois State Fire | 8 | | Marshal (41 Ill. Adm. Code 100), and the following | 9 | | additional health and safety requirements: procedures | 10 | | for employee and volunteer emergency preparedness and | 11 | | practice drills; procedures to ensure that first aid | 12 | | kits are maintained and ready to use; the placement of | 13 | | a minimum level of liability insurance as determined | 14 | | by the Department; procedures for the availability of | 15 | | a working telephone that is onsite and accessible at | 16 | | all times; procedures to ensure that emergency phone | 17 | | numbers are posted onsite; and a restriction on | 18 | | handgun or weapon possession onsite, except if | 19 | | possessed by a peace officer; | 20 | | (5) perform and maintain authorization and results | 21 | | of criminal history checks through the Illinois State | 22 | | Police and FBI and checks of the Illinois Sex Offender | 23 | | Registry, the National Sex Offender Registry, and | 24 | | Child Abuse and Neglect Tracking System for employees | 25 | | and volunteers who work directly with children; | 26 | | (6) make hiring decisions in accordance with the |
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| 1 | | prohibitions against barrier crimes as specified in | 2 | | Section 4.2 of this Act or in Section 21B-80 of the | 3 | | School Code; | 4 | | (7) provide parents with written disclosure that | 5 | | the operations of the program are not regulated by | 6 | | licensing requirements; and | 7 | | (8) obtain and maintain records showing the first | 8 | | and last name and date of birth of the child, name, | 9 | | address, and telephone number of each parent, | 10 | | emergency contact information, and written | 11 | | authorization for medical care. | 12 | | Programs or portions of programs requesting Child Care | 13 | | Assistance Program (CCAP) funding and otherwise meeting the | 14 | | requirements under item (j) shall request exemption from the | 15 | | Department and be determined exempt prior to receiving funding | 16 | | and must annually meet the eligibility requirements and be | 17 | | appropriate for payment under the CCAP. | 18 | | Programs or portions of programs under item (j) that do | 19 | | not receive State or federal funds must comply with staff | 20 | | qualification and training standards established by rule by | 21 | | the Department of Human Services. The Department of Human | 22 | | Services shall set such standards after review of Afterschool | 23 | | for Children and Teens Now (ACT Now) evidence-based quality | 24 | | standards developed for school-age out-of-school time | 25 | | programs, feedback from the school-age out-of-school time | 26 | | program professionals, and review of out-of-school time |
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| 1 | | professional development frameworks and quality tools. | 2 | | Out-of-school time programs for school-age youth that | 3 | | receive State or federal funds must comply with only those | 4 | | staff qualifications and training standards set for the | 5 | | program by the State or federal entity issuing the funds.
| 6 | | For purposes of items (a), (b), (c), (d), and (i) of this | 7 | | Section,
"children who shall have attained the age of 3 years" | 8 | | shall mean children
who are 3 years of age, but less than 4 | 9 | | years of age, at the time of
enrollment in the program.
| 10 | | (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16; | 11 | | 100-201, eff. 8-18-17.)".
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