101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3481

 

Introduced 2/14/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1305/1-75 new
225 ILCS 10/5  from Ch. 23, par. 2215

    Amends the Department of Human Services Act. Requires the Department of Human Services (DHS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes, and the persons responsible for the care of children therein. Prohibits from allowing any person to examine those facilities who has not passed an examination demonstrating familiarity with the Act and appropriate standards. Provides that with the exception of day care centers, day care homes, and group day care homes, licenses shall be issued by DHS and shall be valid for 4 years. Provides that licenses issued for day care centers, day care homes, and group day care homes shall be valid for 3 years. Provides that DHS may issue one 6-month permit to a newly established facility to allow that facility reasonable time to become eligible for a full license. Permits DHS to issue an emergency permit to a child care facility taking in children as a result of the temporary closure of another facility due to a natural disaster. Permits DHS to visit facilities, without notice, to determine if they are compliant with the Act and rules. Amends the Child Care Act of 1969. Removes a provision requiring the Department of Children and Family Services (DCFS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes. Removes a provision concerning the licensure of certain facilities by DCFS. Removes language permitting DCFS to issue an emergency permit to a child care facility taking in children because of a temporary closure due to a natural disaster. Requires DCFS to monitor foster family homes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by adding Section 1-75 as follows:
 
6    (20 ILCS 1305/1-75 new)
7    Sec. 1-75. Child care facilities; licensure.
8    (a) In respect to child care institutions, maternity
9centers, child welfare agencies, day care centers, day care
10agencies, and group homes, the Department, upon receiving
11application filed in proper order, shall examine the facilities
12and persons responsible for the care of children therein.
13    (b) The Department shall not allow any person to examine
14the facilities described in subsection (a) who has not passed
15an examination demonstrating that such person is familiar with
16this Act and with the appropriate standards and regulations of
17the Department.
18    (c) With the exception of day care centers, day care homes,
19and group day care homes, licenses shall be issued in such form
20and manner as prescribed by the Department and shall be valid
21for 4 years from the date issued, unless revoked by the
22Department or voluntarily surrendered by the licensee.
23Licenses issued for day care centers, day care homes, and group

 

 

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1day care homes shall be valid for 3 years from the date issued,
2unless revoked by the Department or voluntarily surrendered by
3the licensee. When a licensee has made timely and sufficient
4application for the renewal of a license or a new license with
5reference to any activity of a continuing nature, the existing
6license shall continue in full force and effect for up to 30
7days until the final agency decision on the application has
8been made. The Department may further extend the period in
9which such decision must be made in individual cases for up to
1030 days, but such extensions shall be only upon good cause
11shown.
12    (d) The Department may issue one 6-month permit to a newly
13established facility for child care to allow that facility
14reasonable time to become eligible for a full license.
15    (e) The Department may issue an emergency permit to a child
16care facility taking in children as a result of the temporary
17closure for more than 2 weeks of a licensed child care facility
18due to a natural disaster. An emergency permit under this
19subsection shall be issued to a facility only if the persons
20providing child care services at the facility were employees of
21the temporarily closed day care center at the time it was
22closed. No investigation of an employee of a child care
23facility receiving an emergency permit under this subsection
24shall be required if that employee has previously been
25investigated at another child care facility. No emergency
26permit issued under this subsection shall be valid for more

 

 

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1than 90 days after the date of issuance.
2    (f) During the hours of operation of any licensed child
3care facility, authorized representatives of the Department
4may, without notice, visit the facility for the purpose of
5determining its continuing compliance with this Act or any
6rules adopted in accordance with this Act.
7    (g) Day care centers, day care homes, and group day care
8homes shall be monitored at least annually by a licensing
9representative from the Department or the agency that
10recommended licensure.
 
11    Section 10. The Child Care Act of 1969 is amended by
12changing Section 5 as follows:
 
13    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
14    Sec. 5. (a) (Blank). In respect to child care institutions,
15maternity centers, child welfare agencies, day care centers,
16day care agencies and group homes, the Department, upon
17receiving application filed in proper order, shall examine the
18facilities and persons responsible for care of children
19therein.
20    (b) In respect to foster family and day care homes,
21applications may be filed on behalf of such homes by a licensed
22child welfare agency, by a State agency authorized to place
23children in foster care or by out-of-State agencies approved by
24the Department to place children in this State. In respect to

 

 

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1day care homes, applications may be filed on behalf of such
2homes by a licensed day care agency or licensed child welfare
3agency. In applying for license in behalf of a home in which
4children are placed by and remain under supervision of the
5applicant agency, such agency shall certify that the home and
6persons responsible for care of unrelated children therein, or
7the home and relatives, as defined in Section 2.17 of this Act,
8responsible for the care of related children therein, were
9found to be in reasonable compliance with standards prescribed
10by the Department for the type of care indicated.
11    (c) The Department shall not allow any person to examine
12facilities under a provision of this Act who has not passed an
13examination demonstrating that such person is familiar with
14this Act and with the appropriate standards and regulations of
15the Department.
16    (d) With the exception of day care centers, day care homes,
17and group day care homes, licenses shall be issued in such form
18and manner as prescribed by the Department and are valid for 4
19years from the date issued, unless revoked by the Department or
20voluntarily surrendered by the licensee. Licenses issued for
21day care centers, day care homes, and group day care homes
22shall be valid for 3 years from the date issued, unless revoked
23by the Department or voluntarily surrendered by the licensee.
24When a licensee has made timely and sufficient application for
25the renewal of a license or a new license with reference to any
26activity of a continuing nature, the existing license shall

 

 

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1continue in full force and effect for up to 30 days until the
2final agency decision on the application has been made. The
3Department may further extend the period in which such decision
4must be made in individual cases for up to 30 days, but such
5extensions shall be only upon good cause shown.
6    (e) The Department may issue one 2-month 6-month permit to
7a newly established facility for child care to allow that
8facility reasonable time to become eligible for a full license.
9If the facility for child care is a foster family home, or day
10care home the Department may issue one 2-month permit only.
11    (f) (Blank). The Department may issue an emergency permit
12to a child care facility taking in children as a result of the
13temporary closure for more than 2 weeks of a licensed child
14care facility due to a natural disaster. An emergency permit
15under this subsection shall be issued to a facility only if the
16persons providing child care services at the facility were
17employees of the temporarily closed day care center at the time
18it was closed. No investigation of an employee of a child care
19facility receiving an emergency permit under this subsection
20shall be required if that employee has previously been
21investigated at another child care facility. No emergency
22permit issued under this subsection shall be valid for more
23than 90 days after the date of issuance.
24    (g) During the hours of operation of any licensed child
25care facility, authorized representatives of the Department
26may without notice visit the facility for the purpose of

 

 

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1determining its continuing compliance with this Act or
2regulations adopted pursuant thereto.
3    (h) Foster family Day care centers, day care homes, and
4group day care homes shall be monitored at least annually by a
5licensing representative from the Department or the agency that
6recommended licensure.
7(Source: P.A. 98-804, eff. 1-1-15.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    See Index