Illinois General Assembly - Full Text of SB2011
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Full Text of SB2011  93rd General Assembly

SB2011 93rd General Assembly


                                     SRS093 00092 AMW 00092 b

 1        AN ACT concerning children.

 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 7 as follows:

 6        (225 ILCS 10/7) (from Ch. 23, par. 2217)
 7        Sec.  7.   (a)  The Department must prescribe and publish
 8    minimum standards for licensing that  apply  to  the  various
 9    types  of  facilities  for child care defined in this Act and
10    that are equally applicable to like  institutions  under  the
11    control  of the Department and to foster family homes used by
12    and under the direct  supervision  of  the  Department.   The
13    Department  shall  seek  the advice and assistance of persons
14    representative of the various types of child care  facilities
15    in establishing such standards.  The standards prescribed and
16    published  under  this  Act  take  effect  as provided in the
17    Illinois Administrative Procedure Act, and are restricted  to
18    regulations pertaining to:
19             (1)  The  operation  and conduct of the facility and
20        responsibility it assumes for child care;
21             (2)  The character, suitability  and  qualifications
22        of  the  applicant and other persons directly responsible
23        for the care and welfare of children served.   All  child
24        day  care center licensees and employees who are required
25        to report child abuse or neglect  under  the  Abused  and
26        Neglected Child Reporting Act shall be required to attend
27        training  on  recognizing  child  abuse  and  neglect, as
28        prescribed by Department rules;
29             (3)  The general financial ability and competence of
30        the applicant to provide necessary care for children  and
31        to maintain prescribed standards;
                            -2-      SRS093 00092 AMW 00092 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
 4        care institution,  maternity  center,  day  care  center,
 5        group  home, day care home, and group day care home shall
 6        have on its premises during its  hours  of  operation  at
 7        least  one  staff  member  certified in first aid, in the
 8        Heimlich maneuver and in cardiopulmonary resuscitation by
 9        the American Red Cross or other organization approved  by
10        rule of the Department.  Child welfare agencies shall not
11        be   subject   to   such  a  staffing  requirement.   The
12        Department may offer, or arrange for the offering,  on  a
13        periodic  basis  in  each  community  in  this  State  in
14        cooperation  with  the  American  Red Cross, the American
15        Heart  Association  or  other  appropriate  organization,
16        voluntary programs to train operators  of  foster  family
17        homes and day care homes in first aid and cardiopulmonary
18        resuscitation;
19             (5)  The  appropriateness,  safety,  cleanliness and
20        general adequacy of the premises,  including  maintenance
21        of   adequate   fire   prevention  and  health  standards
22        conforming to State laws and municipal codes  to  provide
23        for the physical comfort, care and well-being of children
24        received;
25             (6)  Provisions   for  food,  clothing,  educational
26        opportunities, program, equipment and individual supplies
27        to assure the  healthy  physical,  mental  and  spiritual
28        development of children served;
29             (7)  Provisions  to  safeguard  the  legal rights of
30        children served;
31             (8)  Maintenance  of  records  pertaining   to   the
32        admission,  progress,  health  and discharge of children,
33        including, for day  care  centers  and  day  care  homes,
34        records  indicating  each  child  has  been  immunized as
                            -3-      SRS093 00092 AMW 00092 b
 1        required by  State  regulations.   The  Department  shall
 2        require  proof  that children enrolled in a facility have
 3        been immunized against Haemophilus Influenzae B (HIB);
 4             (9)  Filing of reports with the Department;
 5             (10)  Discipline of children;
 6             (11)  Protection and  fostering  of  the  particular
 7        religious faith of the children served;
 8             (12)  Provisions  prohibiting  firearms  on day care
 9        center  premises  except  in  the  possession  of   peace
10        officers;
11             (13)  Provisions  prohibiting  handguns  on day care
12        home premises except in the possession of peace  officers
13        or other adults who must possess a handgun as a condition
14        of  employment  and  who  reside on the premises of a day
15        care home;
16             (14)  Provisions   requiring   that   any    firearm
17        permitted  on  day care home premises, except handguns in
18        the possession of peace officers,  shall  be  kept  in  a
19        disassembled   state,   without   ammunition,  in  locked
20        storage, inaccessible to  children  and  that  ammunition
21        permitted  on  day  care  home  premises shall be kept in
22        locked  storage  separate  from  that   of   disassembled
23        firearms, inaccessible to children;
24             (15)  Provisions  requiring  notification of parents
25        or guardians enrolling children at a day care home of the
26        presence in  the  day  care  home  of  any  firearms  and
27        ammunition  and  of  the  arrangements  for the separate,
28        locked storage of such firearms and ammunition.
29        (b)  If, in a facility for general child care, there  are
30    children  diagnosed  as  mentally  ill,  mentally retarded or
31    physically handicapped, who are determined to be in  need  of
32    special  mental  treatment or of nursing care, or both mental
33    treatment and nursing care, the  Department  shall  seek  the
34    advice   and   recommendation  of  the  Department  of  Human
                            -4-      SRS093 00092 AMW 00092 b
 1    Services,  the  Department  of   Public   Health,   or   both
 2    Departments  regarding  the residential treatment and nursing
 3    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
 6    is  any  evidence  of  current  drug  or alcohol abuse in the
 7    prospective foster family.  The Department shall not  license
 8    a 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.
15        (d)  The Department, in applying standards prescribed and
16    published,  as  herein  provided,  shall  offer  consultation
17    through employed staff or other qualified persons  to  assist
18    applicants  and  licensees in meeting and maintaining minimum
19    requirements for a license and  to  help  them  otherwise  to
20    achieve  programs  of  excellence  related  to  the  care  of
21    children  served.  Such  consultation shall include providing
22    information  concerning  education  and  training  in   early
23    childhood development to providers of day care home services.
24    The  Department may provide or arrange for such education and
25    training for those providers who request such assistance.
26        (e)  The Department shall distribute copies of  licensing
27    standards  to  all  licensees  and  applicants for a license.
28    Each licensee or holder of a permit shall  distribute  copies
29    of   the   appropriate  licensing  standards  and  any  other
30    information  required  by  the  Department  to   child   care
31    facilities under its supervision.  Each licensee or holder of
32    a  permit  shall  maintain  appropriate  documentation of the
33    distribution of the standards.  Such documentation  shall  be
34    part of the records of the facility and subject to inspection
                            -5-      SRS093 00092 AMW 00092 b
 1    by authorized representatives of the Department.
 2        (f)  The  Department  shall prepare summaries of day care
 3    licensing standards.  Each licensee or holder of a permit for
 4    a  day  care  facility  shall  distribute  a  copy   of   the
 5    appropriate summary and any other information required by the
 6    Department,  to the legal guardian of each child cared for in
 7    that facility at the time  when  the  child  is  enrolled  or
 8    initially placed in the facility. The licensee or holder of a
 9    permit  for  a  day  care  facility  shall secure appropriate
10    documentation  of  the  distribution  of  the   summary   and
11    brochure.  Such  documentation shall be a part of the records
12    of the facility and subject to inspection  by  an  authorized
13    representative of the Department.
14        (g)  The Department shall distribute to each licensee and
15    holder  of  a  permit  copies  of  the  licensing  or  permit
16    standards   applicable   to  such  person's  facility.   Each
17    licensee or holder  of  a  permit  shall  make  available  by
18    posting at all times in a common or otherwise accessible area
19    a  complete  and  current set of licensing standards in order
20    that all employees of  the  facility  may  have  unrestricted
21    access  to  such  standards.    All employees of the facility
22    shall have reviewed the standards and any subsequent changes.
23    Each  licensee  or  holder  of  a   permit   shall   maintain
24    appropriate  documentation of the current review of licensing
25    standards by all employees.  Such records shall  be  part  of
26    the  records  of  the  facility  and subject to inspection by
27    authorized representatives of the Department.
28        (h)  Any  standards  involving   physical   examinations,
29    immunization,  or medical treatment shall include appropriate
30    exemptions for children whose parents object thereto  on  the
31    grounds that they conflict with the tenets and practices of a
32    recognized  church  or  religious  organization, of which the
33    parent is an adherent or member, and for children who  should
34    not  be  subjected to immunization for clinical reasons.  The
                            -6-      SRS093 00092 AMW 00092 b
 1    objection by the parent or guardian of  a  child  entering  a
 2    child  care facility sets forth the specific religious belief
 3    which conflicts  with  the  immunization(s).   The  religious
 4    exemption  may  be  personal  and need not be directed by the
 5    tenants of an established  religious  organization.   Deletes
 6    language   that   provides   that   any   standard  involving
 7    immunizations  shall  include  appropriate   exemptions   for
 8    children  whose  parents  object  thereto on the grounds that
 9    they are conflicting.
10    (Source: P.A.  89-274,  eff.  1-1-96;  89-507,  eff.  7-1-97;
11    89-648, eff. 8-9-96; 90-14, eff. 7-1-97.)