98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4406

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/7  from Ch. 23, par. 2217

    Amends the Child Care Act of 1969. Provides that the licensing standards for day care centers and day care homes shall include a requirement that such facilities adopt policies regarding immunizations for day care staff, and that the most current recommendations of the Advisory Committee on Immunization Practices may be used as a guideline in adopting such policies. Further provides that the licensing standards shall include exemptions for day care staff who object to immunization on religious grounds or for clinical reasons. 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 7 as follows:
 
6    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
7    Sec. 7. (a) The Department must prescribe and publish
8minimum standards for licensing that apply to the various types
9of facilities for child care defined in this Act and that are
10equally applicable to like institutions under the control of
11the Department and to foster family homes used by and under the
12direct supervision of the Department. The Department shall seek
13the advice and assistance of persons representative of the
14various types of child care facilities in establishing such
15standards. The standards prescribed and published under this
16Act take effect as provided in the Illinois Administrative
17Procedure Act, and are restricted to regulations pertaining to
18the following matters and to any rules and regulations required
19or permitted by any other Section of this Act:
20        (1) The operation and conduct of the facility and
21    responsibility it assumes for child care;
22        (2) The character, suitability and qualifications of
23    the applicant and other persons directly responsible for

 

 

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1    the care and welfare of children served. All child day care
2    center licensees and employees who are required to report
3    child abuse or neglect under the Abused and Neglected Child
4    Reporting Act shall be required to attend training on
5    recognizing child abuse and neglect, as prescribed by
6    Department rules;
7        (3) The general financial ability and competence of the
8    applicant to provide necessary care for children and to
9    maintain prescribed standards;
10        (4) The number of individuals or staff required to
11    insure adequate supervision and care of the children
12    received. The standards shall provide that each child care
13    institution, maternity center, day care center, group
14    home, day care home, and group day care home shall have on
15    its premises during its hours of operation at least one
16    staff member certified in first aid, in the Heimlich
17    maneuver and in cardiopulmonary resuscitation by the
18    American Red Cross or other organization approved by rule
19    of the Department. Child welfare agencies shall not be
20    subject to such a staffing requirement. The Department may
21    offer, or arrange for the offering, on a periodic basis in
22    each community in this State in cooperation with the
23    American Red Cross, the American Heart Association or other
24    appropriate organization, voluntary programs to train
25    operators of foster family homes and day care homes in
26    first aid and cardiopulmonary resuscitation;

 

 

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1        (5) The appropriateness, safety, cleanliness and
2    general adequacy of the premises, including maintenance of
3    adequate fire prevention and health standards conforming
4    to State laws and municipal codes to provide for the
5    physical comfort, care and well-being of children
6    received;
7        (6) Provisions for food, clothing, educational
8    opportunities, program, equipment and individual supplies
9    to assure the healthy physical, mental and spiritual
10    development of children served;
11        (7) Provisions to safeguard the legal rights of
12    children served;
13        (8) Maintenance of records pertaining to the
14    admission, progress, health and discharge of children,
15    including, for day care centers and day care homes, records
16    indicating each child has been immunized as required by
17    State regulations. The Department shall require proof that
18    children enrolled in a facility have been immunized against
19    Haemophilus Influenzae B (HIB);
20        (9) Filing of reports with the Department;
21        (10) Discipline of children;
22        (11) Protection and fostering of the particular
23    religious faith of the children served;
24        (12) Provisions prohibiting firearms on day care
25    center premises except in the possession of peace officers;
26        (13) Provisions prohibiting handguns on day care home

 

 

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1    premises except in the possession of peace officers or
2    other adults who must possess a handgun as a condition of
3    employment and who reside on the premises of a day care
4    home;
5        (14) Provisions requiring that any firearm permitted
6    on day care home premises, except handguns in the
7    possession of peace officers, shall be kept in a
8    disassembled state, without ammunition, in locked storage,
9    inaccessible to children and that ammunition permitted on
10    day care home premises shall be kept in locked storage
11    separate from that of disassembled firearms, inaccessible
12    to children;
13        (15) Provisions requiring notification of parents or
14    guardians enrolling children at a day care home of the
15    presence in the day care home of any firearms and
16    ammunition and of the arrangements for the separate, locked
17    storage of such firearms and ammunition; and
18        (16) Provisions requiring all licensed child care
19    facility employees who care for newborns and infants to
20    complete training every 3 years on the nature of sudden
21    unexpected infant death (SUID), sudden infant death
22    syndrome (SIDS), and the safe sleep recommendations of the
23    American Academy of Pediatrics.
24    (b) If, in a facility for general child care, there are
25children diagnosed as mentally ill, intellectually disabled or
26physically handicapped, who are determined to be in need of

 

 

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1special mental treatment or of nursing care, or both mental
2treatment and nursing care, the Department shall seek the
3advice and recommendation of the Department of Human Services,
4the Department of Public Health, or both Departments regarding
5the residential treatment and nursing care provided by the
6institution.
7    (c) The Department shall investigate any person applying to
8be licensed as a foster parent to determine whether there is
9any evidence of current drug or alcohol abuse in the
10prospective foster family. The Department shall not license a
11person as a foster parent if drug or alcohol abuse has been
12identified in the foster family or if a reasonable suspicion of
13such abuse exists, except that the Department may grant a
14foster parent license to an applicant identified with an
15alcohol or drug problem if the applicant has successfully
16participated in an alcohol or drug treatment program, self-help
17group, or other suitable activities.
18    (d) The Department, in applying standards prescribed and
19published, as herein provided, shall offer consultation
20through employed staff or other qualified persons to assist
21applicants and licensees in meeting and maintaining minimum
22requirements for a license and to help them otherwise to
23achieve programs of excellence related to the care of children
24served. Such consultation shall include providing information
25concerning education and training in early childhood
26development to providers of day care home services. The

 

 

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1Department may provide or arrange for such education and
2training for those providers who request such assistance.
3    (e) The Department shall distribute copies of licensing
4standards to all licensees and applicants for a license. Each
5licensee or holder of a permit shall distribute copies of the
6appropriate licensing standards and any other information
7required by the Department to child care facilities under its
8supervision. Each licensee or holder of a permit shall maintain
9appropriate documentation of the distribution of the
10standards. Such documentation shall be part of the records of
11the facility and subject to inspection by authorized
12representatives of the Department.
13    (f) The Department shall prepare summaries of day care
14licensing standards. Each licensee or holder of a permit for a
15day care facility shall distribute a copy of the appropriate
16summary and any other information required by the Department,
17to the legal guardian of each child cared for in that facility
18at the time when the child is enrolled or initially placed in
19the facility. The licensee or holder of a permit for a day care
20facility shall secure appropriate documentation of the
21distribution of the summary and brochure. Such documentation
22shall be a part of the records of the facility and subject to
23inspection by an authorized representative of the Department.
24    (g) The Department shall distribute to each licensee and
25holder of a permit copies of the licensing or permit standards
26applicable to such person's facility. Each licensee or holder

 

 

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1of a permit shall make available by posting at all times in a
2common or otherwise accessible area a complete and current set
3of licensing standards in order that all employees of the
4facility may have unrestricted access to such standards. All
5employees of the facility shall have reviewed the standards and
6any subsequent changes. Each licensee or holder of a permit
7shall maintain appropriate documentation of the current review
8of licensing standards by all employees. Such records shall be
9part of the records of the facility and subject to inspection
10by authorized representatives of the Department.
11    (h) Any standards involving physical examinations,
12immunization, or medical treatment shall include appropriate
13exemptions for children whose parents object thereto on the
14grounds that they conflict with the tenets and practices of a
15recognized church or religious organization, of which the
16parent is an adherent or member, and for children who should
17not be subjected to immunization for clinical reasons.
18    (i) The Department, in cooperation with the Department of
19Public Health, shall work to increase immunization awareness
20and participation among parents of children enrolled in day
21care centers and day care homes by publishing on the
22Department's website information about the benefits of
23immunization against vaccine preventable diseases, including
24influenza and pertussis. The information for vaccine
25preventable diseases shall include the incidence and severity
26of the diseases, the availability of vaccines, and the

 

 

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1importance of immunizing children and persons who frequently
2have close contact with children. The website content shall be
3reviewed annually in collaboration with the Department of
4Public Health to reflect the most current recommendations of
5the Advisory Committee on Immunization Practices (ACIP). The
6Department shall work with day care centers and day care homes
7licensed under this Act to ensure that the information is
8annually distributed to parents in August or September.
9    (j) The licensing standards of the Department for licensed
10day care centers and licensed day care homes shall include a
11requirement that such facilities adopt policies regarding
12immunizations for day care staff. The facilities may use the
13most current recommendations of the Advisory Committee on
14Immunization Practices (ACIP) as a guideline for such policies.
15The licensure standards shall include appropriate exemptions
16for day care staff who object on the grounds that they conflict
17with the tenets and practices of a recognized church or
18religious organization, of which the staff person is an
19adherent or member, and for staff members who should not be
20subjected to immunization for clinical reasons.
21(Source: P.A. 96-391, eff. 8-13-09; 97-83, eff. 1-1-12; 97-227,
22eff. 1-1-12; 97-494, eff. 8-22-11; 97-813, eff. 7-13-12.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.