Full Text of HB3936 103rd General Assembly
HB3936 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3936 Introduced 2/17/2023, by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
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225 ILCS 10/4.3 | from Ch. 23, par. 2214.3 |
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Amends the Child Care Act of 1969. Requires child care facility
license applicants and current and prospective employees of a child
care facility who might have contact with children to authorize an investigation of the Central Register to ascertain if they have been the subject of a child abuse or neglect investigation (without regard to whether the Department of Children and Family Services determined the report of child abuse or neglect to be indicated or unfounded).
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| | A BILL FOR |
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| | | HB3936 | | LRB103 30214 KTG 56642 b |
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| 1 | | AN ACT concerning regulations.
| 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 4.3 as follows:
| 6 | | (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
| 7 | | Sec. 4.3. Child Abuse and Neglect Reports. All child care | 8 | | facility
license applicants and all current and prospective | 9 | | employees of a child
care facility who have any possible | 10 | | contact with children in the course of
their duties, as a | 11 | | condition of such licensure or employment, shall
authorize in | 12 | | writing on a form prescribed by the Department an
| 13 | | investigation of the Central Register, as defined in the | 14 | | Abused and
Neglected Child Reporting Act, to ascertain if such | 15 | | applicant or employee
(i) has been the subject of a child abuse | 16 | | or neglect investigation (without regard to whether the | 17 | | Department determined the report of child abuse or neglect to | 18 | | be indicated or unfounded) or (ii) has been determined to be a | 19 | | perpetrator in an indicated report of child
abuse or neglect.
| 20 | | All child care facilities as a condition of licensure | 21 | | pursuant to this
Act shall maintain such information which | 22 | | demonstrates that all current
employees and other applicants | 23 | | for employment who have any possible contact
with children in |
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| 1 | | the course of their duties have authorized an
investigation of | 2 | | the Central Register as hereinabove required.
Only those | 3 | | current or prospective employees who will have no possible
| 4 | | contact with children as part of their present or prospective | 5 | | employment
may be excluded from provisions requiring | 6 | | authorization of an investigation.
| 7 | | Such information concerning a license applicant, employee | 8 | | or prospective
employee obtained by the Department shall be | 9 | | confidential and
exempt from public inspection and copying as | 10 | | provided under Section 7 of
The Freedom of Information Act, | 11 | | and such information shall not be
transmitted outside the | 12 | | Department, except as provided in the Abused and
Neglected | 13 | | Child Reporting Act, and shall not be transmitted to anyone
| 14 | | within the Department except as provided in the Abused and | 15 | | Neglected Child
Reporting Act, and shall not be transmitted to | 16 | | anyone within the Department
except as needed for the purposes | 17 | | of evaluation of an application for
licensure or for | 18 | | consideration by a child care facility of an employee. Any
| 19 | | employee of the Department of Children and Family Services | 20 | | under
this Section who gives or causes to be given any | 21 | | confidential information
concerning any child abuse or neglect | 22 | | reports about a child care facility
applicant, child care | 23 | | facility employee, shall be guilty of a Class A
misdemeanor, | 24 | | unless release of such information is authorized by Section
| 25 | | 11.1 of the Abused and Neglected Child Reporting Act.
| 26 | | Additionally, any licensee who is informed by the |
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| 1 | | Department of Children
and Family Services, pursuant to | 2 | | Section 7.4 of the Abused and Neglected
Child Reporting Act, | 3 | | approved June 26, 1975, as amended, that a formal
| 4 | | investigation has commenced relating to an employee of the | 5 | | child care
facility or any other person in frequent contact | 6 | | with children at the
facility, shall take reasonable action | 7 | | necessary to insure that the
employee or other person is | 8 | | restricted during the pendency of the
investigation from | 9 | | contact with children whose care has been entrusted
to the | 10 | | facility.
| 11 | | When a foster family home is the
subject
of an indicated | 12 | | report under the Abused and Neglected Child Reporting Act, the
| 13 | | Department of Children and Family Services must immediately | 14 | | conduct a
re-examination of the foster family
home to
evaluate | 15 | | whether it continues to meet the minimum standards for | 16 | | licensure. The
re-examination is separate and apart from the | 17 | | formal investigation of the
report.
The
Department must | 18 | | establish a schedule for re-examination of the foster family
| 19 | | home
mentioned in the report at least once a year.
| 20 | | (Source: P.A. 91-557, eff. 1-1-00.)
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