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91_HB3325
LRB9111718ACtm
1 AN ACT to amend the Child Care Act of 1969.
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 5 as follows:
6 (225 ILCS 10/5) (from Ch. 23, par. 2215)
7 Sec. 5. (a) In respect to child care institutions,
8 maternity centers, child welfare agencies, day care centers,
9 day care agencies and group homes, the Department, upon
10 receiving application filed in proper order, shall examine
11 the facilities and persons responsible for care of children
12 therein.
13 (b) In respect to foster family and day care homes,
14 applications may be filed on behalf of such homes by a
15 licensed child welfare agency, by a State agency authorized
16 to place children in foster care or by out-of-State agencies
17 approved by the Department to place children in this State.
18 In respect to day care homes, applications may be filed on
19 behalf of such homes by a licensed day care agency or
20 licensed child welfare agency. In applying for license in
21 behalf of a home in which children are placed by and remain
22 under supervision of the applicant agency, such agency shall
23 certify that the home and persons responsible for care of
24 unrelated children therein, or the home and relatives
25 responsible for the care of related children therein, were
26 found to be in reasonable compliance with standards
27 prescribed by the Department for the type of care indicated.
28 (c) The Department shall not allow any person to examine
29 facilities under a provision of this Act who has not passed
30 an examination demonstrating that such person is familiar
31 with this Act and with the appropriate standards and
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1 regulations of the Department.
2 (d) With the exception of day care centers, day care
3 homes, and group day care homes, licenses shall be issued in
4 such form and manner as prescribed by the Department and are
5 valid for 4 years from the date issued, unless revoked by the
6 Department or voluntarily surrendered by the licensee.
7 Licenses issued for day care centers, day care homes, and
8 group day care homes shall be valid for 3 years from the date
9 issued, unless revoked by the Department or voluntarily
10 surrendered by the licensee. When a licensee has made timely
11 and sufficient application for the renewal of a license or a
12 new license with reference to any activity of a continuing
13 nature, the existing license shall continue in full force and
14 effect for up to 30 days until the final agency decision on
15 the application has been made. The Department may further
16 extend the period in which such decision must be made in
17 individual cases for up to 30 days, but such extensions shall
18 be only upon good cause shown.
19 (e) The Department may issue one 6-month permit to a
20 newly established facility for child care to allow that
21 facility reasonable time to become eligible for a full
22 license. If the facility for child care is a foster family
23 home, or day care home the Department may issue one 2-month
24 permit only.
25 (f) The Department may issue an emergency permit to a
26 child care facility taking in children as a result of the
27 temporary closure for more than 2 weeks of a licensed child
28 care facility due to a natural disaster. An emergency permit
29 under this subsection shall be issued to a facility only if
30 the persons providing child care services at the facility
31 were employees of the temporarily closed day care center at
32 the time it was closed. No investigation of an employee of a
33 child care facility receiving an emergency permit under this
34 subsection shall be required if that employee has previously
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1 been investigated at another child care facility. No
2 emergency permit issued under this subsection shall be valid
3 for more than 90 days after the date of issuance.
4 (g) During the hours of operation of any licensed child
5 care facility, authorized representatives of the Department
6 may without notice visit the facility for the purpose of
7 determining its continuing compliance with this Act or
8 regulations adopted pursuant thereto.
9 (h) Day care centers, day care homes, and group day care
10 homes shall be monitored at least annually by a licensing
11 representative from the Department or the agency that
12 recommended licensure.
13 (i) For the purpose of issuing or renewing a license for
14 a group home or a foster family home, photographic records,
15 in the form of photographs or video recordings, may be used
16 as a means of documenting findings of the examination.
17 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
18 89-626, eff. 8-9-96.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.