97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5525

 

Introduced 2/15/2012, by Rep. Michelle Mussman

 

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

    Amends the Illinois Public Aid Code. In regard to unlicensed child care providers receiving funds from the Department of Human Services' child care assistance program, requires such providers to, as a condition of eligibility under the program, authorize in writing a Department of State Police and Federal Bureau of Investigation fingerprint-based criminal history record check, a check of the Department of State Police's Statewide Sex Offender Database, and a check of the Department of State Police's Statewide Murderer and Violent Offender Against Youth Database to determine if the child care provider's current address matches that of a convicted felon whether on parole or probation. Provides that the Department of Human Services shall by rule set standards for determining when to disqualify an unlicensed child care provider for payment because the provider's current address matches the address of a person listed in the Law Enforcement Agencies Data System (LEADS). Adds a provision requiring the Department to submit a report to the General Assembly by January 1, 2014 and the year thereafter regarding the Department's compliance with these new investigation requirements.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5525LRB097 16543 KTG 65305 b

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 has been determined to be
17a perpetrator in an indicated report of child abuse or neglect.
18The Department of Children and Family Services shall conduct an
19investigation of the Central Register at the request of the
20Department.
21    (b) Any child care provider, other than a relative of the
22child, receiving funds from the child care assistance program
23under this Code who is not required to be licensed under the

 

 

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

 

 

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1outside the Department except as required in this Section or
2(ii) to anyone within the Department except as needed for the
3purposes of determining participation in the child care
4assistance program. A copy of the criminal history record check
5obtained from the Department of State Police shall be provided
6to the unlicensed child care provider.
7    (b-1) Any child care provider, other than a relative of the
8child, receiving funds from the child care assistance program
9under this Code who is not required to be licensed under the
10Child Care Act of 1969 shall, as a condition of eligibility to
11participate in the child care assistance program under this
12Code, authorize in writing a Department of State Police and
13Federal Bureau of Investigation fingerprint-based criminal
14history record check, a check of the Department of State
15Police's Statewide Sex Offender Database, and a check of the
16Department of State Police's Statewide Murderer and Violent
17Offender Against Youth Database to determine if the child care
18provider's current address matches that of a convicted felon
19whether on parole or probation. Upon this authorization, the
20Department shall request and receive information and
21assistance from any federal or State governmental agency as
22part of the authorized criminal history record check, sex
23offender registry check, and murderer and violent offender
24against youth registry check. The Department of State Police
25shall provide information concerning any conviction of a child
26care provider that has not been overturned and with respect to

 

 

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1which the criminal records have not been sealed or expunged,
2whether the conviction occurred before or on or after the
3effective date of this amendatory Act of the 97th General
4Assembly, upon the request of the Department when the request
5is made in the form and manner required by the Department of
6State Police. The Department of State Police shall charge a fee
7not to exceed the cost of processing the criminal history
8record check, the sex offender registry check, or the murderer
9and violent offender against youth registry check. The fee
10shall be deposited into the State Police Services Fund. Any
11information concerning convictions that have not been
12overturned and with respect to which the criminal records have
13not been sealed or expunged obtained by the Department is
14confidential and may not be transmitted (i) outside the
15Department except as required in this Section or (ii) to anyone
16within the Department except as needed for the purposes of
17determining participation in the child care assistance
18program.
19    (b-2) The Department shall submit a report to the General
20Assembly by January 1, 2014 and the year thereafter regarding
21the Department's compliance with subsections (a), (b), and
22(b-1) of this Section.
23    (c) The Department shall by rule set standards for
24determining when to disqualify an unlicensed child care
25provider for payment because (i) there is an indicated finding
26against the provider based on the results of the Central

 

 

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1Register search or (ii) there is a disqualifying criminal
2charge pending against the provider or the provider has a
3disqualifying criminal conviction that has not been overturned
4and with respect to which the criminal records have not been
5expunged or sealed based on the results of the
6fingerprint-based Department of State Police and Federal
7Bureau of Investigation criminal history record check or the
8results of the Department of State Police's Sex Offender
9Database check or the results of the Department of State
10Police's Statewide Murderer and Violent Offender Against Youth
11Database check, or (iii) the provider's current address matches
12the address of a person listed in the Law Enforcement Agencies
13Data System (LEADS). In determining whether to disqualify an
14unlicensed child care provider for payment under this
15subsection, the Department shall consider the nature and
16gravity of any offense or offenses; the time that has passed
17since the offense or offenses or the completion of the criminal
18sentence or both; and the relationship of the offense or
19offenses to the responsibilities of the child care provider.
20(Source: P.A. 96-632, eff. 8-24-09.)