Full Text of HB4412 103rd General Assembly
HB4412sam001 103RD GENERAL ASSEMBLY | Sen. Meg Loughran Cappel Filed: 5/7/2024 | | 10300HB4412sam001 | | LRB103 36073 RTM 73140 a |
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| 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, "third-party vendor" means a | 9 | | third-party fingerprinting vendor who is licensed by the | 10 | | Department of Financial and Professional Regulation and | 11 | | regulated by 68 Ill. Adm. Code 1240.600. | 12 | | (b) The Department shall require that each child care | 13 | | facility license applicant as part of the application process, | 14 | | and each employee and volunteer of a child care facility or | 15 | | non-licensed service provider, as a condition of employment, | 16 | | authorize an investigation to determine if such applicant, |
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| 1 | | employee, or volunteer has ever been charged with a crime and | 2 | | if so, the disposition of those charges; this authorization | 3 | | shall indicate the scope of the inquiry and the agencies which | 4 | | may be contacted. A child care facility, non-licensed service | 5 | | provider, day care center, group day care home, or day care | 6 | | home may authorize the Department or a third-party vendor to | 7 | | collect fingerprints for the investigation. If a third-party | 8 | | vendor is used for fingerprinting, then the child care | 9 | | facility, non-licensed service provider, day care center, | 10 | | group day care home, or day care home shall pay the third-party | 11 | | vendor for that service directly. If a child care facility, | 12 | | non-licensed service provider, day care center, group day care | 13 | | home, or day care home authorizes the Department to collect | 14 | | fingerprints for the investigation, Upon this authorization, | 15 | | the Director shall request and receive information and | 16 | | assistance from any federal, State , or local governmental | 17 | | agency as part of the authorized investigation. Each | 18 | | applicant, employee, or volunteer of a child care facility or | 19 | | non-licensed service provider shall submit the applicant's, | 20 | | employee's, or volunteer's fingerprints to the Illinois State | 21 | | Police in the form and manner prescribed by the Illinois State | 22 | | Police. These fingerprints shall be checked against the | 23 | | fingerprint records now and hereafter filed in the Illinois | 24 | | State Police and Federal Bureau of Investigation criminal | 25 | | history records databases. The Illinois State Police shall | 26 | | charge a fee for conducting the criminal history records |
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| 1 | | check, which shall be deposited in the State Police Services | 2 | | Fund and shall not exceed the actual cost of the records check. | 3 | | The Illinois State Police shall provide information concerning | 4 | | any criminal charges, and their disposition, now or hereafter | 5 | | filed, against an applicant, employee, or volunteer of a child | 6 | | care facility or non-licensed service provider upon request of | 7 | | the Department of Children and Family Services when the | 8 | | request is made in the form and manner required by the Illinois | 9 | | State Police. | 10 | | Information concerning convictions of a license applicant, | 11 | | employee, or volunteer of a child care facility or | 12 | | non-licensed service provider investigated under this Section, | 13 | | including the source of the information and any conclusions or | 14 | | recommendations derived from the information, shall be | 15 | | provided, upon request, to such applicant, employee, or | 16 | | volunteer of a child care facility or non-licensed service | 17 | | provider prior to final action by the Department on the | 18 | | application. State conviction information provided by the | 19 | | Illinois State Police regarding employees, prospective | 20 | | employees, or volunteers of non-licensed service providers and | 21 | | child care facilities licensed under this Act shall be | 22 | | provided to the operator of such facility, and, upon request, | 23 | | to the employee, prospective employee, or volunteer of a child | 24 | | care facility or non-licensed service provider. Any | 25 | | information concerning criminal charges and the disposition of | 26 | | such charges obtained by the Department shall be confidential |
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| 1 | | and may not be transmitted outside the Department, except as | 2 | | required herein, and may not be transmitted to anyone within | 3 | | the Department except as needed for the purpose of evaluating | 4 | | an application or an employee or volunteer of a child care | 5 | | facility or non-licensed service provider. Only information | 6 | | and standards which bear a reasonable and rational relation to | 7 | | the performance of a child care facility shall be used by the | 8 | | Department or any licensee. Any employee of the Department of | 9 | | Children and Family Services, Illinois State Police, or a | 10 | | child care facility receiving confidential information under | 11 | | this Section who gives or causes to be given any confidential | 12 | | information concerning any criminal convictions of an | 13 | | applicant, employee, or volunteer of a child care facility or | 14 | | non-licensed service provider, shall be guilty of a Class A | 15 | | misdemeanor unless release of such information is authorized | 16 | | by this Section. | 17 | | A child care facility may hire, on a probationary basis, | 18 | | any employee or volunteer of a child care facility or | 19 | | non-licensed service provider authorizing a criminal | 20 | | background investigation under this Section, pending the | 21 | | result of such investigation. Employees and volunteers of a | 22 | | child care facility or non-licensed service provider shall be | 23 | | notified prior to hiring that such employment may be | 24 | | terminated on the basis of criminal background information | 25 | | obtained by the facility. | 26 | | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)". |
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