97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1244

 

Introduced 02/08/11, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/9A-11.5

    Amends the Illinois Public Aid Code. Requires any child care provider who receives funds from the child care assistance program and who is not required to be licensed to authorize in writing periodic investigations of the Central Register to ascertain if any child care provider or any member of the provider's household age 13 or older has been determined to be a perpetrator in an indicated report of child abuse or neglect. Requires the Department of Children and Family Services to conduct an investigation of the Central Register, the Illinois Sex Offender Registry, and the National Sex Offender Registry at the request of the Department of Human Services. Removes a provision requiring the Department of Human Services to provide an unlicensed child care provider with a copy of the criminal history record check obtained from the Department of State Police. Removes provisions concerning disqualifying criminal charges and criteria the Department of Human Services shall consider when making a determination as to terminating payments to an unlicensed child care provider. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 9A-11.5 as follows:
 
6    (305 ILCS 5/9A-11.5)
7    Sec. 9A-11.5. Investigate child care providers.
8    (a) Any child care provider receiving funds from the child
9care assistance program under this Code who is not required to
10be licensed under the Child Care Act of 1969 shall, as a
11condition of eligibility to participate in the child care
12assistance program under this Code, authorize in writing on a
13form prescribed by the Department of Children and Family
14Services, periodic investigations of the Central Register, as
15defined in the Abused and Neglected Child Reporting Act, to
16ascertain if the child care provider or any member of the
17provider's household age 13 or older has been determined to be
18a perpetrator in an indicated report of child abuse or neglect.
19The Department of Children and Family Services shall conduct an
20investigation of the Central Register, the Illinois Sex
21Offender Registry, and the National Sex Offender Registry at
22the request of the Department.
23    (b) Any child care provider, other than a relative of the

 

 

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1child, receiving funds from the child care assistance program
2under this Code who is not required to be licensed under the
3Child Care Act of 1969 shall, as a condition of eligibility to
4participate in the child care assistance program under this
5Code, authorize in writing a State and Federal Bureau of
6Investigation fingerprint-based criminal history record check
7to determine if the child care provider has ever been convicted
8of a crime with respect to which the conviction has not been
9overturned and the criminal records have not been sealed or
10expunged. Upon this authorization, the Department shall
11request and receive information and assistance from any federal
12or State governmental agency as part of the authorized criminal
13history record check. The Department of State Police shall
14provide information concerning any conviction that has not been
15overturned and with respect to which the criminal records have
16not been sealed or expunged, whether the conviction occurred
17before or on or after the effective date of this amendatory Act
18of the 96th General Assembly, of a child care provider upon the
19request of the Department when the request is made in the form
20and manner required by the Department of State Police. The
21Department of State Police shall charge a fee not to exceed the
22cost of processing the criminal history record check. The fee
23is to be deposited into the State Police Services Fund. Any
24information concerning convictions that have not been
25overturned and with respect to which the criminal records have
26not been sealed or expunged obtained by the Department is

 

 

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1confidential and may not be transmitted (i) outside the
2Department except as required in this Section or (ii) to anyone
3within the Department except as needed for the purposes of
4determining participation in the child care assistance
5program. A copy of the criminal history record check obtained
6from the Department of State Police shall be provided to the
7unlicensed child care provider.
8    (c) The Department shall by rule set standards for
9determining when to disqualify an unlicensed child care
10provider for payment because (i) there is an indicated finding
11against the provider based on the results of the Central
12Register search or (ii) there is a disqualifying criminal
13charge pending against the provider or the provider has a
14disqualifying criminal conviction that has not been overturned
15and with respect to which the criminal records have not been
16expunged or sealed based on the results of the
17fingerprint-based Department of State Police and Federal
18Bureau of Investigation criminal history record check. In
19determining whether to disqualify an unlicensed child care
20provider for payment under this subsection, the Department
21shall consider the nature and gravity of any offense or
22offenses; the time that has passed since the offense or
23offenses or the completion of the criminal sentence or both;
24and the relationship of the offense or offenses to the
25responsibilities of the child care provider.
26(Source: P.A. 96-632, eff. 8-24-09.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.