HB5525 97TH GENERAL ASSEMBLY

LRB097 16543 KTG 65305 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Section 9A-11.5 as follows:

(305 ILCS 5/9A-11.5)

Sec. 9A-11.5. Investigate child care providers.

(a) Any child care provider receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, authorize in writing on a form prescribed by the Department of Children and Family Services, periodic investigations of the Central Register, as defined in the Abused and Neglected Child Reporting Act, to ascertain if the child care provider has been determined to be a perpetrator in an indicated report of child abuse or neglect. The Department of Children and Family Services shall conduct an investigation of the Central Register at the request of the Department.

(b) Any child care provider, other than a relative of the child, receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, authorize in writing a Department of State Police State and Federal Bureau of Investigation fingerprint-based criminal history record check to determine if the child care provider has ever been convicted of a crime with respect to which the conviction has not been overturned and the criminal records have not been sealed or expunged. Upon this authorization, the Department shall request and receive information and assistance from any federal or State governmental agency as part of the authorized criminal history record check. The Department of State Police shall provide information concerning any conviction of a child care provider that has not been overturned and with respect to which the criminal records have not been sealed or expunged, whether the conviction occurred before or on or after the effective date of this amendatory Act of the 96th General Assembly, of a child care provider upon the request of the Department when the request is made in the form and manner required by the Department of State Police. The Department of State Police shall charge a fee not to exceed the cost of processing the criminal history record check. The fee shall is to be deposited into the State Police Services Fund. Any information concerning convictions that have not been overturned and with respect to which the criminal records have not been sealed or expunged obtained by the Department is confidential and may not be transmitted (i) outside the Department except as required in this Section or (ii) to anyone within the Department except as needed for the purposes of determining participation in the child care assistance program. A copy of the criminal history record check obtained from the Department of State Police shall be provided to the unlicensed child care provider.

(b-1) Any child care provider, other than a relative of the child, receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, 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. Upon this authorization, the Department shall request and receive information and assistance from any federal or State governmental agency as part of the authorized criminal history record check, sex offender registry check, and murderer and violent offender against youth registry check. The Department of State Police shall provide information concerning any conviction of a child care provider that has not been overturned and with respect to which the criminal records have not been sealed or expunged, whether the conviction occurred before or on or after the effective date of this amendatory Act of the 97th General Assembly, upon the request of the Department when the request is made in the form and manner required by the Department of State Police. The Department of State Police shall charge a fee not to exceed the cost of processing the criminal history record check, the sex offender registry check, or the murderer and violent offender against youth registry check. The fee shall be deposited into the State Police Services Fund. Any information concerning convictions that have not been overturned and with respect to which the criminal records have not been sealed or expunged obtained by the Department is confidential and may not be transmitted (i) outside the Department except as required in this Section or (ii) to anyone within the Department except as needed for the purposes of determining participation in the child care assistance program.

(b-2) The Department shall submit a report to the General Assembly by January 1, 2014 and the year thereafter regarding the Department's compliance with subsections (a), (b), and (b-1) of this Section.

(c) The Department shall by rule set standards for determining when to disqualify an unlicensed child care provider for payment because (i) there is an indicated finding against the provider based on the results of the Central Register search or (ii) there is a disqualifying criminal charge pending against the provider or the provider has a disqualifying criminal conviction that has not been overturned and with respect to which the criminal records have not been expunged or sealed based on the results of the fingerprint-based Department of State Police and Federal Bureau of Investigation criminal history record check or the results of the Department of State Police's Sex Offender Database check or the results of the Department of State Police's Statewide Murderer and Violent Offender Against Youth Database check, or (iii) the provider's current address matches the address of a person listed in the Law Enforcement Agencies Data System (LEADS). In determining whether to disqualify an unlicensed child care provider for payment under this subsection, the Department shall consider the nature and gravity of any offense or offenses; the time that has passed since the offense or offenses or the completion of the criminal sentence or both; and the relationship of the offense or offenses to the responsibilities of the child care provider.

(Source: P.A. 96-632, eff. 8-24-09.)