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| Public Act 094-0943 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Section 5c as follows:
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(20 ILCS 505/5c)
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Sec. 5c. Direct child welfare service employee license. | ||||
(a) By January 1,
2000, the Department, in consultation | ||||
with private child welfare agencies,
shall develop and | ||||
implement a direct child welfare service employee license.
By | ||||
January 1, 2001 all child protective investigators and | ||||
supervisors and child
welfare specialists and supervisors | ||||
employed by the Department or its
contractors shall be required | ||||
to demonstrate sufficient knowledge and skills to
obtain and | ||||
maintain the license. The Direct Child Welfare
Service Employee | ||||
License Board of the Department shall have
the authority to
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revoke or suspend the license of anyone who after a hearing is | ||||
found to be
guilty of misfeasance. The Department shall | ||||
promulgate such rules as necessary
to implement this Section.
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(b) If a direct child welfare service employee licensee is | ||||
expected to transport a child or children with a motor vehicle | ||||
in the course of performing his or her duties, the Department | ||||
must verify that the licensee meets the requirements set forth | ||||
in Section 5.1 of the Child Care Act of 1969. The Department | ||||
must make that verification as to each such licensee every 2 | ||||
years. Upon the Department's request, the Secretary of State | ||||
shall provide the Department with the information necessary to | ||||
enable the Department to make the verifications required under | ||||
this subsection. If the Department discovers that a direct | ||||
child welfare service employee licensee has engaged in | ||||
transporting a child or children with a motor vehicle without | ||||
having a valid driver's license, the Department shall | ||||
immediately revoke the individual's direct child welfare | ||
service employee license.
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(c) On or before January 1, 2000, and every year | ||
thereafter, the Department shall
submit an annual report to the | ||
General Assembly on the implementation of this
Section.
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(Source: P.A. 92-471, eff. 8-22-01.)
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Section 10. The Child Care Act of 1969 is amended by | ||
changing Section 5.1 as follows:
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(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
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Sec. 5.1. (a) The Department shall ensure
assure that no | ||
day care center, group
home or child care institution as | ||
defined in this Act shall on a regular
basis transport a child | ||
or children with any motor vehicle unless such
vehicle is | ||
operated by a person who
that complies with the following | ||
requirements:
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1. is 21 years of age or older;
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2. currently holds a valid driver's license, which has | ||
not been revoked
or suspended for one or more traffic | ||
violations during the 3 years
immediately prior to the date | ||
of application;
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3. demonstrates physical fitness to operate vehicles | ||
by submitting the
results of a medical examination | ||
conducted by a licensed physician;
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4. has not been convicted of more than 2 offenses | ||
against traffic
regulations governing the movement of | ||
vehicles within a twelve month period;
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5. has not been convicted of reckless driving or | ||
driving under the
influence or manslaughter or reckless | ||
homicide resulting from the
operation of a motor vehicle | ||
within the past 3 years;
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6. has signed and submitted a written statement | ||
certifying that he has
not, through the unlawful operation | ||
of a motor vehicle, caused an accident
which resulted in | ||
the death of any person within the 5 years immediately
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prior to the date of application.
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However, such day care centers, group homes and child care | ||
institutions
may provide for transportation of a child or | ||
children for special outings,
functions or purposes that are | ||
not scheduled on a regular basis without
verification that | ||
drivers for such purposes meet the requirements of this
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Section.
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(a-5) As a means of ensuring compliance with the | ||
requirements set forth in subsection (a), the Department shall | ||
implement appropriate measures to verify that every individual | ||
who is employed at a group home or child care institution meets | ||
those requirements. | ||
For every individual employed at a group home or child care | ||
institution who regularly transports children in the course of | ||
performing his or her duties, the Department must make the | ||
verification every 2 years. Upon the Department's request, the | ||
Secretary of State shall provide the Department with the | ||
information necessary to enable the Department to make the | ||
verifications required under subsection (a). | ||
In the case of an individual employed at a group home or | ||
child care institution who becomes subject to subsection (a) | ||
for the first time after the effective date of this amendatory | ||
Act of the 94th General Assembly, the Department must make that | ||
verification with the Secretary of State before the individual | ||
operates a motor vehicle to transport a child or children under | ||
the circumstances described in subsection (a). | ||
In the case of an individual employed at a group home or | ||
child care institution who is subject to subsection (a) on the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, the Department must make that verification with the | ||
Secretary of State within 30 days after that effective date. | ||
If the Department discovers that an individual fails to | ||
meet the requirements set forth in subsection (a), the | ||
Department shall promptly notify the appropriate group home or | ||
child care institution.
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(b) Any individual who holds a valid Illinois school bus | ||
driver permit
issued by the Secretary of State
pursuant to The | ||
Illinois
Vehicle Code, and who is currently employed by a | ||
school district or parochial
school, or by a contractor with a | ||
school district or parochial school, to
drive a school bus | ||
transporting children to and from school,
shall be deemed in | ||
compliance with the requirements of subsection (a).
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(c) The Department may, pursuant to Section 8 of this Act, | ||
revoke the
license of any day care center, group home or child | ||
care institution that
fails to meet the requirements of this | ||
Section.
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(d) A group home or child care institution that
fails to | ||
meet the requirements of this Section is guilty of a petty | ||
offense and is subject to a fine of not more than $1,000. Each | ||
day that a group home or child care institution fails to meet | ||
the requirements of this Section is a separate offense.
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(Source: P.A. 88-612, eff. 7-1-95.)
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