Illinois General Assembly - Full Text of HB2374
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Full Text of HB2374  102nd General Assembly




HB2374 EngrossedLRB102 12764 SPS 18103 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 3 and 7 and by adding Section 6.5 as follows:
6    (225 ILCS 10/3)  (from Ch. 23, par. 2213)
7    Sec. 3. (a) No person, group of persons or corporation may
8operate or conduct any facility for child care, as defined in
9this Act, without a license or permit issued by the Department
10or without being approved by the Department as meeting the
11standards established for such licensing, with the exception
12of facilities for whom standards are established by the
13Department of Corrections under Section 3-15-2 of the Unified
14Code of Corrections and with the exception of facilities
15defined in Section 2.10 of this Act, and with the exception of
16programs or facilities licensed by the Department of Human
17Services under the Substance Use Disorder Act.
18    (b) No part day child care facility as described in
19Section 2.10 may operate without written notification to the
20Department or without complying with Section 7.1. Notification
21shall include a notarized statement by the facility that the
22facility complies with state or local health standards and
23state fire safety standards, and shall be filed with the



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1department every 2 years.
2    (c) The Director of the Department shall establish
3policies and coordinate activities relating to child care
4licensing, licensing of day care homes and day care centers.
5    (d) Any facility or agency which is exempt from licensing
6may apply for licensing if licensing is required for some
7government benefit.
8    (e) A provider of day care described in items (a) through
9(j) of Section 2.09 of this Act is exempt from licensure. The
10Department shall provide written verification of exemption and
11description of compliance with standards for the health,
12safety, and development of the children who receive the
13services upon submission by the provider of, in addition to
14any other documentation required by the Department, a
15notarized statement that the facility complies with: (1) the
16standards of the Department of Public Health or local health
17department, (2) the fire safety standards of the State Fire
18Marshal, and (3) if operated in a public school building, the
19health and safety standards of the State Board of Education.
20    (f) A qualified child care director, as defined in 89 Ill.
21Adm. Code 407.130, must be present at the open or close of the
22facility. A qualified early childhood teacher, as defined in
2389 Ill. Adm. Code 407.140, who has been employed by the
24facility continuously for at least 24 months may otherwise be
25present for the first or last hour of the workday.
26(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)



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1    (225 ILCS 10/6.5 new)
2    Sec. 6.5. Qualifications for early childhood teachers. An
3early childhood teacher must meet one of the following
5        (1) complete 60 semester hours from an accredited
6    college or university and complete the Gateways ECE (Early
7    Childhood Education) Credential Level 1 training;
8        (2) complete 1,560 clock hours of child development
9    experience, 30 semester hours from an accredited college
10    or university, and the Gateways ECE (Early Childhood
11    Education) Credential Level 1 training;
12        (3) complete 2,080 clock hours of child development
13    experience as a teacher assistant in a day care center,
14    complete the Gateways ECE (Early Childhood Education)
15    Credential Level 1 training, and provide proof of
16    enrollment from an accredited college or university until
17    30 semester hours are attained or proof of enrollment in
18    an early childhood teacher credentialing program until the
19    credential is attained; or
20        (4) complete a credentialing program approved by the
21    Department in accordance with 89 Ill. Adm. Code
22    407.Appendix G.
23    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
24    Sec. 7. (a) The Department must prescribe and publish



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1minimum standards for licensing that apply to the various
2types of facilities for child care defined in this Act and that
3are equally applicable to like institutions under the control
4of the Department and to foster family homes used by and under
5the direct supervision of the Department. The Department shall
6seek the advice and assistance of persons representative of
7the various types of child care facilities in establishing
8such standards. The standards prescribed and published under
9this Act take effect as provided in the Illinois
10Administrative Procedure Act, and are restricted to
11regulations pertaining to the following matters and to any
12rules and regulations required or permitted by any other
13Section of this Act:
14        (1) The operation and conduct of the facility and
15    responsibility it assumes for child care;
16        (2) In accordance with Section 6.5, the The character,
17    suitability and qualifications of the applicant and other
18    persons directly responsible for the care and welfare of
19    children served. All child day care center licensees and
20    employees who are required to report child abuse or
21    neglect under the Abused and Neglected Child Reporting Act
22    shall be required to attend training on recognizing child
23    abuse and neglect, as prescribed by Department rules;
24        (3) The general financial ability and competence of
25    the applicant to provide necessary care for children and
26    to maintain prescribed standards;



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1        (4) The number of individuals or staff required to
2    insure adequate supervision and care of the children
3    received. The standards shall provide that each child care
4    institution, maternity center, day care center, group
5    home, day care home, and group day care home shall have on
6    its premises during its hours of operation at least one
7    staff member certified in first aid, in the Heimlich
8    maneuver and in cardiopulmonary resuscitation by the
9    American Red Cross or other organization approved by rule
10    of the Department. Child welfare agencies shall not be
11    subject to such a staffing requirement. The Department may
12    offer, or arrange for the offering, on a periodic basis in
13    each community in this State in cooperation with the
14    American Red Cross, the American Heart Association or
15    other appropriate organization, voluntary programs to
16    train operators of foster family homes and day care homes
17    in first aid and cardiopulmonary resuscitation;
18        (5) The appropriateness, safety, cleanliness, and
19    general adequacy of the premises, including maintenance of
20    adequate fire prevention and health standards conforming
21    to State laws and municipal codes to provide for the
22    physical comfort, care, and well-being of children
23    received;
24        (6) Provisions for food, clothing, educational
25    opportunities, program, equipment and individual supplies
26    to assure the healthy physical, mental, and spiritual



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1    development of children served;
2        (7) Provisions to safeguard the legal rights of
3    children served;
4        (8) Maintenance of records pertaining to the
5    admission, progress, health, and discharge of children,
6    including, for day care centers and day care homes,
7    records indicating each child has been immunized as
8    required by State regulations. The Department shall
9    require proof that children enrolled in a facility have
10    been immunized against Haemophilus Influenzae B (HIB);
11        (9) Filing of reports with the Department;
12        (10) Discipline of children;
13        (11) Protection and fostering of the particular
14    religious faith of the children served;
15        (12) Provisions prohibiting firearms on day care
16    center premises except in the possession of peace
17    officers;
18        (13) Provisions prohibiting handguns on day care home
19    premises except in the possession of peace officers or
20    other adults who must possess a handgun as a condition of
21    employment and who reside on the premises of a day care
22    home;
23        (14) Provisions requiring that any firearm permitted
24    on day care home premises, except handguns in the
25    possession of peace officers, shall be kept in a
26    disassembled state, without ammunition, in locked storage,



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1    inaccessible to children and that ammunition permitted on
2    day care home premises shall be kept in locked storage
3    separate from that of disassembled firearms, inaccessible
4    to children;
5        (15) Provisions requiring notification of parents or
6    guardians enrolling children at a day care home of the
7    presence in the day care home of any firearms and
8    ammunition and of the arrangements for the separate,
9    locked storage of such firearms and ammunition;
10        (16) Provisions requiring all licensed child care
11    facility employees who care for newborns and infants to
12    complete training every 3 years on the nature of sudden
13    unexpected infant death (SUID), sudden infant death
14    syndrome (SIDS), and the safe sleep recommendations of the
15    American Academy of Pediatrics; and
16        (17) With respect to foster family homes, provisions
17    requiring the Department to review quality of care
18    concerns and to consider those concerns in determining
19    whether a foster family home is qualified to care for
20    children.
21    (b) If, in a facility for general child care, there are
22children diagnosed as mentally ill or children diagnosed as
23having an intellectual or physical disability, who are
24determined to be in need of special mental treatment or of
25nursing care, or both mental treatment and nursing care, the
26Department shall seek the advice and recommendation of the



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1Department of Human Services, the Department of Public Health,
2or both Departments regarding the residential treatment and
3nursing care provided by the institution.
4    (c) The Department shall investigate any person applying
5to be licensed as a foster parent to determine whether there is
6any evidence of current drug or alcohol abuse in the
7prospective foster family. The Department shall not license a
8person as a foster parent if drug or alcohol abuse has been
9identified in the foster family or if a reasonable suspicion
10of such abuse exists, except that the Department may grant a
11foster parent license to an applicant identified with an
12alcohol or drug problem if the applicant has successfully
13participated in an alcohol or drug treatment program,
14self-help group, or other suitable activities and if the
15Department determines that the foster family home can provide
16a safe, appropriate environment and meet the physical and
17emotional needs of children.
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
9maintain appropriate 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
6and any subsequent changes. Each licensee or holder of a
7permit shall maintain appropriate documentation of the current
8review of licensing standards by all employees. Such records
9shall be part of the records of the facility and subject to
10inspection by 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) Any standard adopted by the Department that requires
10an applicant for a license to operate a day care home to
11include a copy of a high school diploma or equivalent
12certificate with his or her application shall be deemed to be
13satisfied if the applicant includes a copy of a high school
14diploma or equivalent certificate or a copy of a degree from an
15accredited institution of higher education or vocational
16institution or equivalent certificate.
17(Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17;
18100-201, eff. 8-18-17.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.