101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1799

 

Introduced 2/15/2019, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/5  from Ch. 23, par. 2215

    Amends the Child Care Act of 1969. Provides that upon application for licensure for a day care home and if there are no known health or safety concerns with the day care home, the Department of Children and Family Services shall issue a 6-month permit to a newly established day care home to allow that facility reasonable time to become eligible for a full license. Provides that the Department shall continue to issue 6-month permits to that day care home until (i) the application for licensure is approved or denied or (ii) the Department determines that there are health or safety concerns with the day care home.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 5 as follows:
 
6    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
7    Sec. 5. (a) In respect to child care institutions,
8maternity centers, child welfare agencies, day care centers,
9day care agencies and group homes, the Department, upon
10receiving application filed in proper order, shall examine the
11facilities and persons responsible for care of children
12therein.
13    (b) In respect to foster family and day care homes,
14applications may be filed on behalf of such homes by a licensed
15child welfare agency, by a State agency authorized to place
16children in foster care or by out-of-State agencies approved by
17the Department to place children in this State. In respect to
18day care homes, applications may be filed on behalf of such
19homes by a licensed day care agency or licensed child welfare
20agency. In applying for license in behalf of a home in which
21children are placed by and remain under supervision of the
22applicant agency, such agency shall certify that the home and
23persons responsible for care of unrelated children therein, or

 

 

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1the home and relatives, as defined in Section 2.17 of this Act,
2responsible for the care of related children therein, were
3found to be in reasonable compliance with standards prescribed
4by the Department for the type of care indicated.
5    (c) The Department shall not allow any person to examine
6facilities under a provision of this Act who has not passed an
7examination demonstrating that such person is familiar with
8this Act and with the appropriate standards and regulations of
9the Department.
10    (d) With the exception of day care centers, day care homes,
11and group day care homes, licenses shall be issued in such form
12and manner as prescribed by the Department and are valid for 4
13years from the date issued, unless revoked by the Department or
14voluntarily surrendered by the licensee. Licenses issued for
15day care centers, day care homes, and group day care homes
16shall be valid for 3 years from the date issued, unless revoked
17by the Department or voluntarily surrendered by the licensee.
18When a licensee has made timely and sufficient application for
19the renewal of a license or a new license with reference to any
20activity of a continuing nature, the existing license shall
21continue in full force and effect for up to 30 days until the
22final agency decision on the application has been made. The
23Department may further extend the period in which such decision
24must be made in individual cases for up to 30 days, but such
25extensions shall be only upon good cause shown.
26    (e) The Department may issue one 6-month permit to a newly

 

 

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1established facility for child care to allow that facility
2reasonable time to become eligible for a full license. If the
3facility for child care is a foster family home, or day care
4home the Department may issue one 2-month permit only.
5    (e-5) Upon application for licensure for a day care home
6and if there are no known health or safety concerns with the
7day care home, the Department shall issue a 6-month permit to a
8newly established day care home to allow that facility
9reasonable time to become eligible for a full license. The
10Department shall continue to issue 6-month permits to that day
11care home until (i) the application for licensure is approved
12or denied or (ii) the Department determines that there are
13health or safety concerns with the day care home.
14    (f) The Department may issue an emergency permit to a child
15care facility taking in children as a result of the temporary
16closure for more than 2 weeks of a licensed child care facility
17due to a natural disaster. An emergency permit under this
18subsection shall be issued to a facility only if the persons
19providing child care services at the facility were employees of
20the temporarily closed day care center at the time it was
21closed. No investigation of an employee of a child care
22facility receiving an emergency permit under this subsection
23shall be required if that employee has previously been
24investigated at another child care facility. No emergency
25permit issued under this subsection shall be valid for more
26than 90 days after the date of issuance.

 

 

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1    (g) During the hours of operation of any licensed child
2care facility, authorized representatives of the Department
3may without notice visit the facility for the purpose of
4determining its continuing compliance with this Act or
5regulations adopted pursuant thereto.
6    (h) Day care centers, day care homes, and group day care
7homes shall be monitored at least annually by a licensing
8representative from the Department or the agency that
9recommended licensure.
10(Source: P.A. 98-804, eff. 1-1-15.)