99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4966

 

Introduced 2/5/2016, by Rep. Litesa E. Wallace

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/2.22a new
225 ILCS 10/4  from Ch. 23, par. 2214
225 ILCS 10/6  from Ch. 23, par. 2216
225 ILCS 10/7  from Ch. 23, par. 2217

    Amends the Child Care Act of 1969. Defines "quality of care concerns". Allows an applicant for a foster family home license with quality of care concerns who has previously been licensed to operate a child care facility or has provided relative foster care to a child placed by the Department to submit a preliminary application to the Department of Children and Family Services. Allows the Department to issue a foster family home license to an applicant with quality of care concerns if the applicant meets certain requirements and the Department is satisfied that the foster family home does not pose a risk to children and that the foster family home will be able to meet the physical and emotional needs of children. Provides that, if the Department approves a preliminary application, the foster family shall submit a standard application to the Department. Creates provisions for renewing the license for a foster family home with quality of care concerns. Requires a foster home to wait 5 years before applying for another license if it is revoked, is surrendered for cause, expires or is surrendered with certain holds in place or investigations pending, or the Department refuses to renew the license. Makes other changes.


LRB099 18099 SMS 42464 b

 

 

A BILL FOR

 

HB4966LRB099 18099 SMS 42464 b

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 Sections 4, 6, and 7 and by adding Section 2.22a as
6follows:
 
7    (225 ILCS 10/2.22a new)
8    Sec. 2.22a. "Quality of care concerns". "Quality of care
9concerns" means that a foster parent, including an unlicensed
10relative, or any person living in the household, has:
11        (1) had a license issued under this Act revoked;
12        (2) surrendered a license issued under this Act for
13    cause;
14        (3) had a license issued under this Act expire or has
15    surrendered a license, while either an abuse or neglect
16    investigation or licensing investigation was pending or an
17    involuntary hold was placed on the home;
18        (4) been involved in multiple allegations of abuse or
19    neglect;
20        (5) an indicated report of abuse or neglect; or
21        (6) been the subject of certain types of involuntary
22    holds or has been involved in certain types of
23    substantiated licensing complaints, as specified and

 

 

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1    defined by Department rule.
 
2    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
3    Sec. 4. License requirement; application; notice.
4    (a) Any person, group of persons or corporation who or
5which receives children or arranges for care or placement of
6one or more children unrelated to the operator must apply for a
7license to operate one of the types of facilities defined in
8Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
9relative, as defined in Section 2.17 of this Act, who receives
10a child or children for placement by the Department on a
11full-time basis may apply for a license to operate a foster
12family home as defined in Section 2.17 of this Act.
13    (a-5) Any agency, person, group of persons, association,
14organization, corporation, institution, center, or group
15providing adoption services must be licensed by the Department
16as a child welfare agency as defined in Section 2.08 of this
17Act. "Providing adoption services" as used in this Act,
18includes facilitating or engaging in adoption services.
19    (b) Application for a license to operate a child care
20facility must be made to the Department in the manner and on
21forms prescribed by it. An application to operate a foster
22family home shall include, at a minimum: a completed written
23form; written authorization by the applicant and all adult
24members of the applicant's household to conduct a criminal
25background investigation; medical evidence in the form of a

 

 

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1medical report, on forms prescribed by the Department, that the
2applicant and all members of the household are free from
3communicable diseases or physical and mental conditions that
4affect their ability to provide care for the child or children;
5the names and addresses of at least 3 persons not related to
6the applicant who can attest to the applicant's moral
7character; and fingerprints submitted by the applicant and all
8adult members of the applicant's household.
9    (b-5) If an applicant for a foster family home license, or
10any member of the household, has previously been licensed to
11operate a child care facility under this Act or has provided
12relative foster care to a child placed by the Department and
13has quality of care concerns, the applicant shall submit a
14preliminary application to the Department in the manner and on
15forms prescribed by it. The preliminary application shall
16include a list of (i) all children placed in the home by the
17Department who were removed by the Department for reasons other
18than returning to a parent and the circumstances under which
19they were removed, and (ii) all children placed by the
20Department who were subsequently adopted by or placed in the
21private guardianship of the applicant who are currently under
2218 and who no longer reside in the home and the reasons why
23they no longer reside in the home. The Department shall verify
24the information in the preliminary application and review (i)
25information regarding any prior licensing complaints, (ii)
26information regarding any prior child abuse or neglect

 

 

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1investigations, and (iii) information regarding any
2involuntary foster home holds placed on the home by the
3Department.
4    Foster homes with quality of care concerns are presumed
5unsuitable for future licensure. However, the Department may
6make an exception and issue a foster family license to an
7applicant with quality of care concerns if the Department is
8satisfied that the foster family home does not pose a risk to
9children and that the foster family will be able to meet the
10physical and emotional needs of children. In making this
11determination, the Department must obtain and carefully review
12all relevant documents and shall obtain consultation from its
13Clinical Division as appropriate and as prescribed by
14Department rule and procedure.
15    The Department has the authority to deny a preliminary
16application based on the record of quality of care concerns of
17the foster family home. In the alternative, the Department may
18(i) approve the preliminary application, (ii) approve the
19preliminary application subject to obtaining additional
20information or assessments, or (iii) approve the preliminary
21application for purposes of placing a particular child or
22children only in the foster family home. If the Department
23approves a preliminary application, the foster family shall
24submit an application for licensure as described in subsection
25(b).
26    (c) The Department shall notify the public when a child

 

 

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1care institution, maternity center, or group home licensed by
2the Department undergoes a change in (i) the range of care or
3services offered at the facility, (ii) the age or type of
4children served, or (iii) the area within the facility used by
5children. The Department shall notify the public of the change
6in a newspaper of general circulation in the county or
7municipality in which the applicant's facility is or is
8proposed to be located.
9    (d) If, upon examination of the facility and investigation
10of persons responsible for care of children and, in the case of
11a foster home, taking into account information obtained for
12purposes of evaluating a preliminary application, if
13applicable, the Department is satisfied that the facility and
14responsible persons reasonably meet standards prescribed for
15the type of facility for which application is made, it shall
16issue a license in proper form, designating on that license the
17type of child care facility and, except for a child welfare
18agency, the number of children to be served at any one time.
19    (e) The Department shall not issue or renew the license of
20any child welfare agency providing adoption services, unless
21the agency (i) is officially recognized by the United States
22Internal Revenue Service as a tax-exempt organization
23described in Section 501(c)(3) of the Internal Revenue Code of
241986 (or any successor provision of federal tax law) and (ii)
25is in compliance with all of the standards necessary to
26maintain its status as an organization described in Section

 

 

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1501(c)(3) of the Internal Revenue Code of 1986 (or any
2successor provision of federal tax law). The Department shall
3grant a grace period of 24 months from the effective date of
4this amendatory Act of the 94th General Assembly for existing
5child welfare agencies providing adoption services to obtain
6501(c)(3) status. The Department shall permit an existing child
7welfare agency that converts from its current structure in
8order to be recognized as a 501(c)(3) organization as required
9by this Section to either retain its current license or
10transfer its current license to a newly formed entity, if the
11creation of a new entity is required in order to comply with
12this Section, provided that the child welfare agency
13demonstrates that it continues to meet all other licensing
14requirements and that the principal officers and directors and
15programs of the converted child welfare agency or newly
16organized child welfare agency are substantially the same as
17the original. The Department shall have the sole discretion to
18grant a one year extension to any agency unable to obtain
19501(c)(3) status within the timeframe specified in this
20subsection (e), provided that such agency has filed an
21application for 501(c)(3) status with the Internal Revenue
22Service within the 2-year timeframe specified in this
23subsection (e).
24(Source: P.A. 98-804, eff. 1-1-15.)
 
25    (225 ILCS 10/6)  (from Ch. 23, par. 2216)

 

 

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1    Sec. 6. (a) A licensed facility operating as a "child care
2institution", "maternity center", "child welfare agency", "day
3care agency" or "day care center" must apply for renewal of its
4license held, the application to be made to the Department on
5forms prescribed by it.
6    (b) The Department, a duly licensed child welfare agency or
7a suitable agency or person designated by the Department as its
8agent to do so, must re-examine every child care facility for
9renewal of license, including in that process the examination
10of the premises and records of the facility as the Department
11considers necessary to determine that minimum standards for
12licensing continue to be met, and random surveys of parents or
13legal guardians who are consumers of such facilities' services
14to assess the quality of care at such facilities. In the case
15of foster family homes, or day care homes under the supervision
16of or otherwise required to be licensed by the Department, or
17under supervision of a licensed child welfare agency or day
18care agency, the examination shall be made by the Department,
19or agency supervising such homes. If the Department is
20satisfied that the facility continues to maintain minimum
21standards which it prescribes and publishes, it shall renew the
22license to operate the facility.
23    (b-5) In the case of a foster family home with quality of
24care concerns, in addition to the examination required in
25subsection (b) of this Section, the Department shall not renew
26the license of a foster family home with quality of care

 

 

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1concerns unless the Department is satisfied that the foster
2family home does not pose a risk to children and that the
3foster family home will be able to meet the physical and
4emotional needs of children. In making this determination, the
5Department must obtain and carefully review all relevant
6documents and shall obtain consultation from its Clinical
7Division as appropriate and as prescribed by Department rule
8and procedure. The Department has the authority to deny an
9application for renewal based on a record of quality of care
10concerns. In the alternative, the Department may (i) approve
11the application for renewal subject to obtaining additional
12information or assessments, (ii) approve the application for
13renewal for purposes of placing or maintaining a particular
14child or children only in the foster home, or (iii) approve the
15application for renewal.
16    (c) If a child care facility's license, other than a
17license for a foster family home, is revoked, or if the
18Department refuses to renew a facility's license, the facility
19may not reapply for a license before the expiration of 12
20months following the Department's action; provided, however,
21that the denial of a reapplication for a license pursuant to
22this subsection must be supported by evidence that the prior
23revocation renders the applicant unqualified or incapable of
24satisfying the standards and rules promulgated by the
25Department pursuant to this Act or maintaining a facility which
26adheres to such standards and rules.

 

 

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1    (d) If a foster family home license (i) is revoked, (ii) is
2surrendered for cause, or (iii) expires or is surrendered with
3either certain types of involuntary holds in place or while a
4licensing or child abuse or neglect investigation is pending,
5or if the Department refuses to renew a facility's license, the
6facility may not reapply for a license before the expiration of
75 years following the Department's action or following the
8expiration or surrender of the license.
9(Source: P.A. 86-554.)
 
10    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
11    Sec. 7. (a) The Department must prescribe and publish
12minimum standards for licensing that apply to the various types
13of facilities for child care defined in this Act and that are
14equally applicable to like institutions under the control of
15the Department and to foster family homes used by and under the
16direct supervision of the Department. The Department shall seek
17the advice and assistance of persons representative of the
18various types of child care facilities in establishing such
19standards. The standards prescribed and published under this
20Act take effect as provided in the Illinois Administrative
21Procedure Act, and are restricted to regulations pertaining to
22the following matters and to any rules and regulations required
23or permitted by any other Section of this Act:
24        (1) The operation and conduct of the facility and
25    responsibility it assumes for child care;

 

 

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

 

 

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

 

 

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

 

 

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1    requiring the Department to review quality of care concerns
2    and to consider those concerns in determining whether a
3    foster family home is qualified to care for children.
4    (b) If, in a facility for general child care, there are
5children diagnosed as mentally ill or children diagnosed as
6having an intellectual or physical disability, who are
7determined to be in need of special mental treatment or of
8nursing care, or both mental treatment and nursing care, the
9Department shall seek the advice and recommendation of the
10Department of Human Services, the Department of Public Health,
11or both Departments regarding the residential treatment and
12nursing care provided by the institution.
13    (c) The Department shall investigate any person applying to
14be licensed as a foster parent to determine whether there is
15any evidence of current drug or alcohol abuse in the
16prospective foster family. The Department shall not license a
17person as a foster parent if drug or alcohol abuse has been
18identified in the foster family or if a reasonable suspicion of
19such abuse exists, except that the Department may grant a
20foster parent license to an applicant identified with an
21alcohol or drug problem if the applicant has successfully
22participated in an alcohol or drug treatment program, self-help
23group, or other suitable activities and if the Department
24determines that the foster family home can provide a safe,
25appropriate environment and meet the physical and emotional
26needs of children.

 

 

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1    (d) The Department, in applying standards prescribed and
2published, as herein provided, shall offer consultation
3through employed staff or other qualified persons to assist
4applicants and licensees in meeting and maintaining minimum
5requirements for a license and to help them otherwise to
6achieve programs of excellence related to the care of children
7served. Such consultation shall include providing information
8concerning education and training in early childhood
9development to providers of day care home services. The
10Department may provide or arrange for such education and
11training for those providers who request such assistance.
12    (e) The Department shall distribute copies of licensing
13standards to all licensees and applicants for a license. Each
14licensee or holder of a permit shall distribute copies of the
15appropriate licensing standards and any other information
16required by the Department to child care facilities under its
17supervision. Each licensee or holder of a permit shall maintain
18appropriate documentation of the distribution of the
19standards. Such documentation shall be part of the records of
20the facility and subject to inspection by authorized
21representatives of the Department.
22    (f) The Department shall prepare summaries of day care
23licensing standards. Each licensee or holder of a permit for a
24day care facility shall distribute a copy of the appropriate
25summary and any other information required by the Department,
26to the legal guardian of each child cared for in that facility

 

 

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1at the time when the child is enrolled or initially placed in
2the facility. The licensee or holder of a permit for a day care
3facility shall secure appropriate documentation of the
4distribution of the summary and brochure. Such documentation
5shall be a part of the records of the facility and subject to
6inspection by an authorized representative of the Department.
7    (g) The Department shall distribute to each licensee and
8holder of a permit copies of the licensing or permit standards
9applicable to such person's facility. Each licensee or holder
10of a permit shall make available by posting at all times in a
11common or otherwise accessible area a complete and current set
12of licensing standards in order that all employees of the
13facility may have unrestricted access to such standards. All
14employees of the facility shall have reviewed the standards and
15any subsequent changes. Each licensee or holder of a permit
16shall maintain appropriate documentation of the current review
17of licensing standards by all employees. Such records shall be
18part of the records of the facility and subject to inspection
19by authorized representatives of the Department.
20    (h) Any standards involving physical examinations,
21immunization, or medical treatment shall include appropriate
22exemptions for children whose parents object thereto on the
23grounds that they conflict with the tenets and practices of a
24recognized church or religious organization, of which the
25parent is an adherent or member, and for children who should
26not be subjected to immunization for clinical reasons.

 

 

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1    (i) The Department, in cooperation with the Department of
2Public Health, shall work to increase immunization awareness
3and participation among parents of children enrolled in day
4care centers and day care homes by publishing on the
5Department's website information about the benefits of
6immunization against vaccine preventable diseases, including
7influenza and pertussis. The information for vaccine
8preventable diseases shall include the incidence and severity
9of the diseases, the availability of vaccines, and the
10importance of immunizing children and persons who frequently
11have close contact with children. The website content shall be
12reviewed annually in collaboration with the Department of
13Public Health to reflect the most current recommendations of
14the Advisory Committee on Immunization Practices (ACIP). The
15Department shall work with day care centers and day care homes
16licensed under this Act to ensure that the information is
17annually distributed to parents in August or September.
18    (j) Any standard adopted by the Department that requires an
19applicant for a license to operate a day care home to include a
20copy of a high school diploma or equivalent certificate with
21his or her application shall be deemed to be satisfied if the
22applicant includes a copy of a high school diploma or
23equivalent certificate or a copy of a degree from an accredited
24institution of higher education or vocational institution or
25equivalent certificate.
26(Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15.)