103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1565

 

Introduced 2/8/2023, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/2.09  from Ch. 23, par. 2212.09

    Amends the Child Care Act of 1969. Provides that the term "day care center" does not include special activities programs, including recreation and programs offered by park districts to children who shall have attained the age of 3 years old if the program meets 5 hours at a time or less and no more than 25 hours during any week, and the park district conducts background investigations on employees of the program. Effective immediately.


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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 2.09 as follows:
 
6    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
7    Sec. 2.09. "Day care center" means any child care facility
8which regularly provides day care for less than 24 hours per
9day for (1) more than 8 children in a family home, or (2) more
10than 3 children in a facility other than a family home,
11including senior citizen buildings.
12    The term does not include:
13        (a) programs operated by (i) public or private
14    elementary school systems or secondary level school units
15    or institutions of higher learning that serve children who
16    shall have attained the age of 3 years or (ii) private
17    entities on the grounds of public or private elementary or
18    secondary schools and that serve children who have
19    attained the age of 3 years, except that this exception
20    applies only to the facility and not to the private
21    entities' personnel operating the program;
22        (b) programs or that portion of the program which
23    serves children who shall have attained the age of 3 years

 

 

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1    and which are recognized by the State Board of Education;
2        (c) educational program or programs serving children
3    who shall have attained the age of 3 years and which are
4    operated by a school which is registered with the State
5    Board of Education and which is recognized or accredited
6    by a recognized national or multistate educational
7    organization or association which regularly recognizes or
8    accredits schools;
9        (d) programs which exclusively serve or that portion
10    of the program which serves children with disabilities who
11    shall have attained the age of 3 years but are less than 21
12    years of age and which are registered and approved as
13    meeting standards of the State Board of Education and
14    applicable fire marshal standards;
15        (e) facilities operated in connection with a shopping
16    center or service, religious services, or other similar
17    facility, where transient children are cared for
18    temporarily while parents or custodians of the children
19    are occupied on the premises and readily available;
20        (f) any type of day care center that is conducted on
21    federal government premises;
22        (g) special activities programs, including athletics,
23    recreation, crafts instruction, and similar activities
24    conducted on an organized and periodic basis by civic,
25    charitable and governmental organizations, including, but
26    not limited to, programs offered by park districts to

 

 

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1    children who shall have attained the age of 3 years old if
2    the program meets 5 hours at a time or less and no more
3    than 25 hours during any week, and the park district
4    conducts background investigations on employees of the
5    program pursuant to Section 8-23 of the Park District
6    Code;
7        (h) part day child care facilities, as defined in
8    Section 2.10 of this Act;
9        (i) programs or that portion of the program which:
10            (1) serves children who shall have attained the
11        age of 3 years;
12            (2) is operated by churches or religious
13        institutions as described in Section 501(c)(3) of the
14        federal Internal Revenue Code;
15            (3) receives no governmental aid;
16            (4) is operated as a component of a religious,
17        nonprofit elementary school;
18            (5) operates primarily to provide religious
19        education; and
20            (6) meets appropriate State or local health and
21        fire safety standards; or
22        (j) programs or portions of programs that:
23            (1) serve only school-age children and youth
24        (defined as full-time kindergarten children, as
25        defined in 89 Ill. Adm. Code 407.45, or older);
26            (2) are organized to promote childhood learning,

 

 

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1        child and youth development, educational or
2        recreational activities, or character-building;
3            (3) operate primarily during out-of-school time or
4        at times when school is not normally in session;
5            (4) comply with the standards of the Illinois
6        Department of Public Health (77 Ill. Adm. Code 750) or
7        the local health department, the Illinois State Fire
8        Marshal (41 Ill. Adm. Code 100), and the following
9        additional health and safety requirements: procedures
10        for employee and volunteer emergency preparedness and
11        practice drills; procedures to ensure that first aid
12        kits are maintained and ready to use; the placement of
13        a minimum level of liability insurance as determined
14        by the Department; procedures for the availability of
15        a working telephone that is onsite and accessible at
16        all times; procedures to ensure that emergency phone
17        numbers are posted onsite; and a restriction on
18        handgun or weapon possession onsite, except if
19        possessed by a peace officer;
20            (5) perform and maintain authorization and results
21        of criminal history checks through the Illinois State
22        Police and FBI and checks of the Illinois Sex Offender
23        Registry, the National Sex Offender Registry, and
24        Child Abuse and Neglect Tracking System for employees
25        and volunteers who work directly with children;
26            (6) make hiring decisions in accordance with the

 

 

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1        prohibitions against barrier crimes as specified in
2        Section 4.2 of this Act or in Section 21B-80 of the
3        School Code;
4            (7) provide parents with written disclosure that
5        the operations of the program are not regulated by
6        licensing requirements; and
7            (8) obtain and maintain records showing the first
8        and last name and date of birth of the child, name,
9        address, and telephone number of each parent,
10        emergency contact information, and written
11        authorization for medical care.
12    Programs or portions of programs requesting Child Care
13Assistance Program (CCAP) funding and otherwise meeting the
14requirements under item (j) shall request exemption from the
15Department and be determined exempt prior to receiving funding
16and must annually meet the eligibility requirements and be
17appropriate for payment under the CCAP.
18    Programs or portions of programs under item (j) that do
19not receive State or federal funds must comply with staff
20qualification and training standards established by rule by
21the Department of Human Services. The Department of Human
22Services shall set such standards after review of Afterschool
23for Children and Teens Now (ACT Now) evidence-based quality
24standards developed for school-age out-of-school time
25programs, feedback from the school-age out-of-school time
26program professionals, and review of out-of-school time

 

 

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1professional development frameworks and quality tools.
2    Out-of-school time programs for school-age youth that
3receive State or federal funds must comply with only those
4staff qualifications and training standards set for the
5program by the State or federal entity issuing the funds.
6    For purposes of items (a), (b), (c), (d), and (i) of this
7Section, "children who shall have attained the age of 3 years"
8shall mean children who are 3 years of age, but less than 4
9years of age, at the time of enrollment in the program.
10(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
11100-201, eff. 8-18-17.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.