Full Text of HB4412 103rd General Assembly
HB4412ham001 103RD GENERAL ASSEMBLY | Rep. Dave Vella Filed: 3/19/2024 | | 10300HB4412ham001 | | LRB103 36073 RTM 70413 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4412
| 2 | | AMENDMENT NO. ______. Amend House Bill 4412 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 4.1 as follows: | 6 | | (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1) | 7 | | Sec. 4.1. Criminal background investigations. | 8 | | (a) In this Section: | 9 | | "Conditional employee" means an employee who has completed | 10 | | a background check and is waiting for confirmation from the | 11 | | Department. | 12 | | "Third-party vendor" means a third-party fingerprinting | 13 | | vendor who is licensed by the Department of Financial and | 14 | | Professional Regulation and regulated by 68 Ill. Adm. Code | 15 | | 1240.600. | 16 | | (b) The Department shall require that each child care |
| | | 10300HB4412ham001 | - 2 - | LRB103 36073 RTM 70413 a |
|
| 1 | | facility license applicant as part of the application process, | 2 | | and each employee and volunteer of a child care facility or | 3 | | non-licensed service provider, as a condition of employment, | 4 | | authorize an investigation to determine if such applicant, | 5 | | employee, or volunteer has ever been charged with a crime and | 6 | | if so, the disposition of those charges; this authorization | 7 | | shall indicate the scope of the inquiry and the agencies which | 8 | | may be contacted. A child care facility, non-licensed service | 9 | | provider, day care center, group day care home, or day care | 10 | | home may authorize the Department or a third-party vendor to | 11 | | complete the investigation. If the Department conducts the | 12 | | investigation, upon Upon this authorization, the Director | 13 | | shall request and receive information and assistance from any | 14 | | federal, State , or local governmental agency as part of the | 15 | | authorized investigation. Each applicant, employee, or | 16 | | volunteer of a child care facility or non-licensed service | 17 | | provider shall submit the applicant's, employee's, or | 18 | | volunteer's fingerprints to the Illinois State Police in the | 19 | | form and manner prescribed by the Illinois State Police. These | 20 | | fingerprints shall be checked against the fingerprint records | 21 | | now and hereafter filed in the Illinois State Police and | 22 | | Federal Bureau of Investigation criminal history records | 23 | | databases. The Illinois State Police shall charge a fee for | 24 | | conducting the criminal history records check, which shall be | 25 | | deposited in the State Police Services Fund and shall not | 26 | | exceed the actual cost of the records check. The Illinois |
| | | 10300HB4412ham001 | - 3 - | LRB103 36073 RTM 70413 a |
|
| 1 | | State Police shall provide information concerning any criminal | 2 | | charges, and their disposition, now or hereafter filed, | 3 | | against an applicant, employee, or volunteer of a child care | 4 | | facility or non-licensed service provider upon request of the | 5 | | Department of Children and Family Services when the request is | 6 | | made in the form and manner required by the Illinois State | 7 | | Police. | 8 | | Information concerning convictions of a license applicant, | 9 | | employee, or volunteer of a child care facility or | 10 | | non-licensed service provider investigated under this Section, | 11 | | including the source of the information and any conclusions or | 12 | | recommendations derived from the information, shall be | 13 | | provided, upon request, to such applicant, employee, or | 14 | | volunteer of a child care facility or non-licensed service | 15 | | provider prior to final action by the Department on the | 16 | | application. State conviction information provided by the | 17 | | Illinois State Police regarding employees, prospective | 18 | | employees, or volunteers of non-licensed service providers and | 19 | | child care facilities licensed under this Act shall be | 20 | | provided to the operator of such facility, and, upon request, | 21 | | to the employee, prospective employee, or volunteer of a child | 22 | | care facility or non-licensed service provider. Any | 23 | | information concerning criminal charges and the disposition of | 24 | | such charges obtained by the Department shall be confidential | 25 | | and may not be transmitted outside the Department, except as | 26 | | required herein, and may not be transmitted to anyone within |
| | | 10300HB4412ham001 | - 4 - | LRB103 36073 RTM 70413 a |
|
| 1 | | the Department except as needed for the purpose of evaluating | 2 | | an application or an employee or volunteer of a child care | 3 | | facility or non-licensed service provider. Only information | 4 | | and standards which bear a reasonable and rational relation to | 5 | | the performance of a child care facility shall be used by the | 6 | | Department or any licensee. Any employee of the Department of | 7 | | Children and Family Services, Illinois State Police, or a | 8 | | child care facility receiving confidential information under | 9 | | this Section who gives or causes to be given any confidential | 10 | | information concerning any criminal convictions of an | 11 | | applicant, employee, or volunteer of a child care facility or | 12 | | non-licensed service provider, shall be guilty of a Class A | 13 | | misdemeanor unless release of such information is authorized | 14 | | by this Section. | 15 | | A child care facility may hire, on a probationary basis, | 16 | | any employee or volunteer of a child care facility or | 17 | | non-licensed service provider completing authorizing a | 18 | | criminal background investigation under this Section, pending | 19 | | the result of such investigation. A conditional employee may | 20 | | work in a child care facility if the conditional employee is | 21 | | supervised by a licensed employee. Employees and volunteers of | 22 | | a child care facility or non-licensed service provider shall | 23 | | be notified prior to hiring that such employment may be | 24 | | terminated on the basis of criminal background information | 25 | | obtained by the facility. An applicant is determined to have | 26 | | completed the criminal background investigation when he or she |
| | | 10300HB4412ham001 | - 5 - | LRB103 36073 RTM 70413 a |
|
| 1 | | has completed and submitted authorization for the performance | 2 | | of a criminal background investigation by either the | 3 | | Department or a third party contracted to perform the criminal | 4 | | background investigation. | 5 | | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)". |
|