Full Text of HB5401 101st General Assembly
HB5401 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5401 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED: |
| 225 ILCS 10/2.09 | from Ch. 23, par. 2212.09 |
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Amends the Child Care Act of 1969. Provides that "day care center" does not include certain programs or portions of programs that serve children who shall have attained the age of 2 years (rather than 3 years). Makes conforming changes.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing 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 | 8 | | which regularly
provides day care for less than 24 hours per | 9 | | day for (1) more than 8 children
in a family home, or (2) more | 10 | | than 3 children in a facility other than a
family home, | 11 | | including 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 2 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 attained | 19 | | the age of 2 3
years, except that this exception applies | 20 | | only to the facility and not to the
private entities' | 21 | | personnel operating the program;
| 22 | | (b)
programs
or that portion of the program which | 23 | | serves children who shall have attained
the age of 2 3 |
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| 1 | | years and which are recognized by the State Board of | 2 | | Education;
| 3 | | (c) educational program or programs serving children | 4 | | who shall have attained
the age of 2 3 years and which are | 5 | | operated by a school which is registered
with the State | 6 | | Board of Education and which is recognized or accredited
by | 7 | | a recognized national or multistate
educational | 8 | | organization or association which regularly recognizes or | 9 | | accredits
schools; | 10 | | (d) programs which exclusively serve or that portion of | 11 | | the
program which serves children with disabilities who | 12 | | shall have attained the age
of 2 3 years but are less than | 13 | | 21 years of age and which are registered and
approved as | 14 | | meeting standards of the State Board of Education and
| 15 | | applicable fire marshal standards; | 16 | | (e) facilities operated in connection
with a shopping | 17 | | center or service, religious services, or other similar
| 18 | | facility, where transient children are cared for | 19 | | temporarily while parents
or custodians of the children are | 20 | | occupied on the premises and readily
available; | 21 | | (f) any type of day care center that is
conducted on | 22 | | federal government premises; | 23 | | (g) special activities
programs, including athletics, | 24 | | crafts instruction, and similar activities
conducted on an | 25 | | organized and periodic basis by civic, charitable and
| 26 | | governmental organizations; |
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| 1 | | (h) part day child care facilities, as
defined in | 2 | | Section 2.10 of this Act; | 3 | | (i) programs or that portion of
the program which: | 4 | | (1) serves children who shall have attained the age | 5 | | of 2
3 years; | 6 | | (2) is operated by churches or religious | 7 | | institutions as described
in Section 501(c)(3) of the | 8 | | federal Internal Revenue Code; | 9 | | (3) receives
no governmental aid; | 10 | | (4) is operated as a component of a religious, | 11 | | nonprofit
elementary school; | 12 | | (5) operates primarily to provide religious | 13 | | education;
and | 14 | | (6) meets appropriate State or local health and | 15 | | fire safety standards; or | 16 | | (j) programs or portions of programs that: | 17 | | (1) serve only school-age children and youth | 18 | | (defined as full-time kindergarten children, as | 19 | | defined in 89 Ill. Adm. Code 407.45, or older); | 20 | | (2) are organized to promote childhood learning, | 21 | | child and youth development, educational or | 22 | | recreational activities, or character-building; | 23 | | (3) operate primarily during out-of-school time or | 24 | | at times when school is not normally in session; | 25 | | (4) comply with the standards of the Illinois | 26 | | Department of Public Health (77 Ill. Adm. Code 750) or |
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| 1 | | the local health department, the Illinois State Fire | 2 | | Marshal (41 Ill. Adm. Code 100), and the following | 3 | | additional health and safety requirements: procedures | 4 | | for employee and volunteer emergency preparedness and | 5 | | practice drills; procedures to ensure that first aid | 6 | | kits are maintained and ready to use; the placement of | 7 | | a minimum level of liability insurance as determined by | 8 | | the Department; procedures for the availability of a | 9 | | working telephone that is onsite and accessible at all | 10 | | times; procedures to ensure that emergency phone | 11 | | numbers are posted onsite; and a restriction on handgun | 12 | | or weapon possession onsite, except if possessed by a | 13 | | peace officer; | 14 | | (5) perform and maintain authorization and results | 15 | | of criminal history checks through the Illinois State | 16 | | Police and FBI and checks of the Illinois Sex Offender | 17 | | Registry, the National Sex Offender Registry, and | 18 | | Child Abuse and Neglect Tracking System for employees | 19 | | and volunteers who work directly with children; | 20 | | (6) make hiring decisions in accordance with the | 21 | | prohibitions against barrier crimes as specified in | 22 | | Section 4.2 of this Act or in Section 21B-80 of the | 23 | | School Code; | 24 | | (7) provide parents with written disclosure that | 25 | | the operations of the program are not regulated by | 26 | | licensing requirements; and |
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| 1 | | (8) obtain and maintain records showing the first | 2 | | and last name and date of birth of the child, name, | 3 | | address, and telephone number of each parent, | 4 | | emergency contact information, and written | 5 | | authorization for medical care. | 6 | | Programs or portions of programs requesting Child Care | 7 | | Assistance Program (CCAP) funding and otherwise meeting the | 8 | | requirements under item (j) shall request exemption from the | 9 | | Department and be determined exempt prior to receiving funding | 10 | | and must annually meet the eligibility requirements and be | 11 | | appropriate for payment under the CCAP. | 12 | | Programs or portions of programs under item (j) that do not | 13 | | receive State or federal funds must comply with staff | 14 | | qualification and training standards established by rule by the | 15 | | Department of Human Services. The Department of Human Services | 16 | | shall set such standards after review of Afterschool for | 17 | | Children and Teens Now (ACT Now) evidence-based quality | 18 | | standards developed for school-age out-of-school time | 19 | | programs, feedback from the school-age out-of-school time | 20 | | program professionals, and review of out-of-school time | 21 | | professional development frameworks and quality tools. | 22 | | Out-of-school time programs for school-age youth that | 23 | | receive State or federal funds must comply with only those | 24 | | staff qualifications and training standards set for the program | 25 | | by the State or federal entity issuing the funds.
| 26 | | For purposes of items (a), (b), (c), (d), and (i) of this |
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| 1 | | Section,
"children who shall have attained the age of 2 3 | 2 | | years" shall mean children
who are 3 years of age, but less | 3 | | than 4 years of age, at the time of
enrollment in the program.
| 4 | | (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16; | 5 | | 100-201, eff. 8-18-17.)
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