Full Text of HB2374 102nd General Assembly
HB2374eng 102ND GENERAL ASSEMBLY |
| | HB2374 Engrossed | | LRB102 12764 SPS 18103 b |
|
| 1 | | AN ACT concerning regulation.
| 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 Sections 3 and 7 and by adding Section 6.5 as follows:
| 6 | | (225 ILCS 10/3) (from Ch. 23, par. 2213)
| 7 | | Sec. 3.
(a) No person, group of persons or corporation may | 8 | | operate or
conduct any facility for child care, as defined in | 9 | | this Act, without a
license or permit issued by the Department | 10 | | or without being approved by
the Department as meeting the | 11 | | standards established for such licensing,
with the exception | 12 | | of facilities for whom standards are established by the
| 13 | | Department of Corrections under Section 3-15-2 of the Unified | 14 | | Code of
Corrections and with the exception of facilities | 15 | | defined in Section 2.10
of this Act, and with the exception of | 16 | | programs or facilities licensed by
the Department of Human | 17 | | Services under the Substance Use Disorder Act.
| 18 | | (b) No part day child care facility as described in | 19 | | Section 2.10 may operate
without written notification to the | 20 | | Department or without complying with
Section 7.1. Notification | 21 | | shall include a notarized statement by the facility
that the | 22 | | facility complies with state or local health standards and | 23 | | state
fire safety standards, and shall be filed with the |
| | | HB2374 Engrossed | - 2 - | LRB102 12764 SPS 18103 b |
|
| 1 | | department every 2 years.
| 2 | | (c) The Director of the Department shall establish | 3 | | policies and coordinate
activities relating to child care | 4 | | licensing, licensing of day care homes
and day care centers.
| 5 | | (d) Any facility or agency which is exempt from licensing | 6 | | may apply for
licensing if licensing is required for some | 7 | | government benefit. | 8 | | (e) A provider of day care described in items (a) through | 9 | | (j) of Section 2.09 of this Act is exempt from licensure. The | 10 | | Department shall provide written verification of exemption and | 11 | | description of compliance with standards for the health, | 12 | | safety, and development of the children who receive the | 13 | | services upon submission by the provider of, in addition to | 14 | | any other documentation required by the Department, a | 15 | | notarized statement that the facility complies with: (1) the | 16 | | standards of the Department of Public Health or local health | 17 | | department, (2) the fire safety standards of the State Fire | 18 | | Marshal, and (3) if operated in a public school building, the | 19 | | health and safety standards of the State Board of Education.
| 20 | | (f) A qualified child care director, as defined in 89 Ill. | 21 | | Adm. Code 407.130, must be present at the open or close of the | 22 | | facility. A qualified early childhood teacher, as defined in | 23 | | 89 Ill. Adm. Code 407.140, who has been employed by the | 24 | | facility continuously for at least 24 months may otherwise be | 25 | | present for the first or last hour of the workday. | 26 | | (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19 .)
|
| | | HB2374 Engrossed | - 3 - | LRB102 12764 SPS 18103 b |
|
| 1 | | (225 ILCS 10/6.5 new) | 2 | | Sec. 6.5. Qualifications for early childhood teachers. An | 3 | | early childhood teacher must meet one of the following | 4 | | qualifications: | 5 | | (1) complete 60 semester hours from an accredited | 6 | | college or university and complete the Gateways ECE (Early | 7 | | Childhood Education) Credential Level 1 training; | 8 | | (2) complete 1,560 clock hours of child development | 9 | | experience, 30 semester hours from an accredited college | 10 | | or university, and the Gateways ECE (Early Childhood | 11 | | Education) Credential Level 1 training; | 12 | | (3) complete 2,080 clock hours of child development | 13 | | experience as a teacher assistant in a day care center, | 14 | | complete the Gateways ECE (Early Childhood Education) | 15 | | Credential Level 1 training, and provide proof of | 16 | | enrollment from an accredited college or university until | 17 | | 30 semester hours are attained or proof of enrollment in | 18 | | an early childhood teacher credentialing program until the | 19 | | credential is attained; or | 20 | | (4) complete a credentialing program approved by the | 21 | | Department in accordance with 89 Ill. Adm. Code | 22 | | 407.Appendix G.
| 23 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| 24 | | Sec. 7. (a) The Department must prescribe and publish |
| | | HB2374 Engrossed | - 4 - | LRB102 12764 SPS 18103 b |
|
| 1 | | minimum standards
for licensing that apply to the various | 2 | | types of facilities for child care
defined in this Act and that | 3 | | are equally applicable to like institutions
under the control | 4 | | of the Department and to foster family homes used by and
under | 5 | | the direct supervision of the Department. The Department shall | 6 | | seek
the advice and assistance of persons representative of | 7 | | the various types of
child care facilities in establishing | 8 | | such standards. The standards
prescribed and published under | 9 | | this Act take effect as provided in the
Illinois | 10 | | Administrative Procedure Act, and are restricted to
| 11 | | regulations pertaining to the following matters and to any | 12 | | rules and regulations required or permitted by any other | 13 | | Section of this Act:
| 14 | | (1) The operation and conduct of the facility and | 15 | | responsibility it
assumes for child care;
| 16 | | (2) In accordance with Section 6.5, the The character, | 17 | | suitability and qualifications of the applicant and
other | 18 | | persons directly responsible for the care and welfare of | 19 | | children
served. All child day care center licensees and | 20 | | employees who are required
to
report child abuse or | 21 | | neglect under the Abused and Neglected Child Reporting
Act | 22 | | shall be required to attend training on recognizing child | 23 | | abuse and
neglect, as prescribed by Department rules;
| 24 | | (3) The general financial ability and competence of | 25 | | the applicant to
provide necessary care for children and | 26 | | to maintain prescribed standards;
|
| | | HB2374 Engrossed | - 5 - | LRB102 12764 SPS 18103 b |
|
| 1 | | (4) The number of individuals or staff required to | 2 | | insure adequate
supervision and care of the children | 3 | | received. The standards shall provide
that each child care | 4 | | institution, maternity center, day care center,
group | 5 | | home, day care home, and group day care home shall have on | 6 | | its
premises during its hours of operation at
least one | 7 | | staff member certified in first aid, in the Heimlich | 8 | | maneuver and
in cardiopulmonary resuscitation by the | 9 | | American Red Cross or other
organization approved by rule | 10 | | of the Department. Child welfare agencies
shall not be | 11 | | subject to such a staffing requirement. The Department may
| 12 | | offer, or arrange for the offering, on a periodic basis in | 13 | | each community
in this State in cooperation with the | 14 | | American Red Cross, the American
Heart Association or | 15 | | other appropriate organization, voluntary programs to
| 16 | | train operators of foster family homes and day care homes | 17 | | in first aid and
cardiopulmonary resuscitation;
| 18 | | (5) The appropriateness, safety, cleanliness, and | 19 | | general adequacy of the
premises, including maintenance of | 20 | | adequate fire prevention and health
standards conforming | 21 | | to State laws and municipal codes to provide for the
| 22 | | physical comfort, care, and well-being of children | 23 | | received;
| 24 | | (6) Provisions for food, clothing, educational | 25 | | opportunities, program,
equipment and individual supplies | 26 | | to assure the healthy physical, mental,
and spiritual |
| | | HB2374 Engrossed | - 6 - | LRB102 12764 SPS 18103 b |
|
| 1 | | development of children served;
| 2 | | (7) Provisions to safeguard the legal rights of | 3 | | children served;
| 4 | | (8) Maintenance of records pertaining to the | 5 | | admission, progress, health,
and discharge of children, | 6 | | including, for day care centers and day care
homes, | 7 | | records indicating each child has been immunized as | 8 | | required by State
regulations. The Department shall | 9 | | require proof that children enrolled in
a facility have | 10 | | been immunized against Haemophilus Influenzae B (HIB);
| 11 | | (9) Filing of reports with the Department;
| 12 | | (10) Discipline of children;
| 13 | | (11) Protection and fostering of the particular
| 14 | | religious faith of the children served;
| 15 | | (12) Provisions prohibiting firearms on day care | 16 | | center premises
except in the possession of peace | 17 | | officers;
| 18 | | (13) Provisions prohibiting handguns on day care home | 19 | | premises except in
the possession of peace officers or | 20 | | other adults who must possess a handgun
as a condition of | 21 | | employment and who reside on the premises of a day care | 22 | | home;
| 23 | | (14) Provisions requiring that any firearm permitted | 24 | | on day care home
premises, except handguns in the | 25 | | possession of peace officers, shall be
kept in a | 26 | | disassembled state, without ammunition, in locked storage,
|
| | | HB2374 Engrossed | - 7 - | LRB102 12764 SPS 18103 b |
|
| 1 | | inaccessible to children and that ammunition permitted on | 2 | | day care home
premises shall be kept in locked storage | 3 | | separate from that of disassembled
firearms, inaccessible | 4 | | to children;
| 5 | | (15) Provisions requiring notification of parents or | 6 | | guardians enrolling
children at a day care home of the | 7 | | presence in the day care home of any
firearms and | 8 | | ammunition and of the arrangements for the separate, | 9 | | locked
storage of such firearms and ammunition;
| 10 | | (16) Provisions requiring all licensed child care | 11 | | facility employees who care for newborns and infants to | 12 | | complete training every 3 years on the nature of sudden | 13 | | unexpected infant death (SUID), sudden infant death | 14 | | syndrome (SIDS), and the safe sleep recommendations of the | 15 | | American Academy of Pediatrics; and | 16 | | (17) With respect to foster family homes, provisions | 17 | | requiring the Department to review quality of care | 18 | | concerns and to consider those concerns in determining | 19 | | whether a foster family home is qualified to care for | 20 | | children. | 21 | | (b) If, in a facility for general child care, there are | 22 | | children
diagnosed as mentally ill or children diagnosed as | 23 | | having an intellectual or physical disability, who
are | 24 | | determined to be in need of special mental treatment or of | 25 | | nursing
care, or both mental treatment and nursing care, the | 26 | | Department shall seek
the advice and recommendation of the |
| | | HB2374 Engrossed | - 8 - | LRB102 12764 SPS 18103 b |
|
| 1 | | Department of Human Services,
the Department of Public Health, | 2 | | or both
Departments regarding the residential treatment and | 3 | | nursing care provided
by the institution.
| 4 | | (c) The Department shall investigate any person applying | 5 | | to be
licensed as a foster parent to determine whether there is | 6 | | any evidence of
current drug or alcohol abuse in the | 7 | | prospective foster family. The
Department shall not license a | 8 | | person as a foster parent if drug or alcohol
abuse has been | 9 | | identified in the foster family or if a reasonable suspicion
| 10 | | of such abuse exists, except that the Department may grant a | 11 | | foster parent
license to an applicant identified with an | 12 | | alcohol or drug problem if the
applicant has successfully | 13 | | participated in an alcohol or drug treatment
program, | 14 | | self-help group, or other suitable activities and if the | 15 | | Department determines that the foster family home can provide | 16 | | a safe, appropriate environment and meet the physical and | 17 | | emotional needs of children.
| 18 | | (d) The Department, in applying standards prescribed and | 19 | | published, as
herein provided, shall offer consultation | 20 | | through employed staff or other
qualified persons to assist | 21 | | applicants and licensees in meeting and
maintaining minimum | 22 | | requirements for a license and to help them otherwise
to | 23 | | achieve programs of excellence related to the care of children | 24 | | served.
Such consultation shall include providing information | 25 | | concerning education
and training in early childhood | 26 | | development to providers of day care home
services. The |
| | | HB2374 Engrossed | - 9 - | LRB102 12764 SPS 18103 b |
|
| 1 | | Department may provide or arrange for such education and
| 2 | | training for those providers who request such assistance.
| 3 | | (e) The Department shall distribute copies of licensing
| 4 | | standards to all licensees and applicants for a license. Each | 5 | | licensee or
holder of a permit shall distribute copies of the | 6 | | appropriate licensing
standards and any other information | 7 | | required by the Department to child
care facilities under its | 8 | | supervision. Each licensee or holder of a permit
shall | 9 | | maintain appropriate documentation of the distribution of the
| 10 | | standards. Such documentation shall be part of the records of | 11 | | the facility
and subject to inspection by authorized | 12 | | representatives of the Department.
| 13 | | (f) The Department shall prepare summaries of day care | 14 | | licensing
standards. Each licensee or holder of a permit for a | 15 | | day care facility
shall distribute a copy of the appropriate | 16 | | summary and any other
information required by the Department, | 17 | | to the legal guardian of each child
cared for in that facility | 18 | | at the time when the child is enrolled or
initially placed in | 19 | | the facility. The licensee or holder of a permit for a
day care | 20 | | facility shall secure appropriate documentation of the
| 21 | | distribution of the summary and brochure. Such documentation | 22 | | shall be a
part of the records of the facility and subject to | 23 | | inspection by an
authorized representative of the Department.
| 24 | | (g) The Department shall distribute to each licensee and
| 25 | | holder of a permit copies of the licensing or permit standards | 26 | | applicable
to such person's facility. Each licensee or holder |
| | | HB2374 Engrossed | - 10 - | LRB102 12764 SPS 18103 b |
|
| 1 | | of a permit shall make
available by posting at all times in a | 2 | | common or otherwise accessible area
a complete and current set | 3 | | of licensing standards in order that all
employees of the | 4 | | facility may have unrestricted access to such standards.
All | 5 | | employees of the facility shall have reviewed the standards | 6 | | and any
subsequent changes. Each licensee or holder of a | 7 | | permit shall maintain
appropriate documentation of the current | 8 | | review of licensing standards by
all employees. Such records | 9 | | shall be part of the records of the facility
and subject to | 10 | | inspection by authorized representatives of the Department.
| 11 | | (h) Any standards involving physical examinations, | 12 | | immunization,
or medical treatment shall include appropriate | 13 | | exemptions for children
whose parents object thereto on the | 14 | | grounds that they conflict with the
tenets and practices of a | 15 | | recognized church or religious organization, of
which the | 16 | | parent is an adherent or member, and for children who should | 17 | | not
be subjected to immunization for clinical reasons.
| 18 | | (i) The Department, in cooperation with the Department of | 19 | | Public Health, shall work to increase immunization awareness | 20 | | and participation among parents of children enrolled in day | 21 | | care centers and day care homes by publishing on the | 22 | | Department's website information about the benefits of | 23 | | immunization against vaccine preventable diseases, including | 24 | | influenza and pertussis. The information for vaccine | 25 | | preventable diseases shall include the incidence and severity | 26 | | of the diseases, the availability of vaccines, and the |
| | | HB2374 Engrossed | - 11 - | LRB102 12764 SPS 18103 b |
|
| 1 | | importance of immunizing children and persons who frequently | 2 | | have close contact with children. The website content shall be | 3 | | reviewed annually in collaboration with the Department of | 4 | | Public Health to reflect the most current recommendations of | 5 | | the Advisory Committee on Immunization Practices (ACIP). The | 6 | | Department shall work with day care centers and day care homes | 7 | | licensed under this Act to ensure that the information is | 8 | | annually distributed to parents in August or September. | 9 | | (j) Any standard adopted by the Department that requires | 10 | | an applicant for a license to operate a day care home to | 11 | | include a copy of a high school diploma or equivalent | 12 | | certificate with his or her application shall be deemed to be | 13 | | satisfied if the applicant includes a copy of a high school | 14 | | diploma or equivalent certificate or a copy of a degree from an | 15 | | accredited institution of higher education or vocational | 16 | | institution or equivalent certificate. | 17 | | (Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17; | 18 | | 100-201, eff. 8-18-17.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
|
|