Illinois General Assembly - Full Text of SB4189
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Full Text of SB4189  102nd General Assembly

SB4189 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4189

 

Introduced 3/4/2022, by Sen. Sue Rezin, Sally J. Turner, Dan McConchie, Steve McClure and Win Stoller

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/2.02  from Ch. 23, par. 2212.02
225 ILCS 10/3.7 new
225 ILCS 10/5  from Ch. 23, par. 2215
225 ILCS 10/7  from Ch. 23, par. 2217
225 ILCS 10/7.10
225 ILCS 10/9.1c
225 ILCS 10/9.2

    Amends the Child Care Act of 1969. Provides for the transfer of day care center licensing, as well as part day child care facility licensing, from the Department of Children and Family Services to the Department of Financial and Professional Regulation. Specifies that the Department of Children and Family Services shall continue to conduct examinations of day care centers but shall report the results of those examinations to the Department of Financial and Professional Regulation for licensing purposes. Makes other corresponding changes.


LRB102 26570 AMQ 37264 b

 

 

A BILL FOR

 

SB4189LRB102 26570 AMQ 37264 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 2.02, 5, 7, 7.10, 9.1c, and 9.2 and adding
6Section 3.7 as follows:
 
7    (225 ILCS 10/2.02)  (from Ch. 23, par. 2212.02)
8    Sec. 2.02. "Department" means the Illinois Department of
9Children and Family Services, except that "Department" means
10the Department of Financial and Professional Regulation in
11those provisions of this Act concerning the issuance, renewal,
12refusal, or revocation of licenses for day care centers or
13part day child care facilities, including, but not limited to,
14those provisions of the Act setting forth standards or
15procedures for the issuance, renewal, refusal, or revocation
16of licenses for day care centers or part day child care
17facilities.
18(Source: P.A. 76-63.)
 
19    (225 ILCS 10/3.7 new)
20    Sec. 3.7. Transfer of day care center and part day child
21care facility licensing functions.
22    (a) Responsibility for the licensing of day care centers

 

 

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1and part day child care facilities under this Act is
2transferred from the Department of Children and Family
3Services to the Department of Financial and Professional
4Regulation on the effective date of this amendatory Act of the
5102nd General Assembly.
6    (b) The Department of Financial and Professional
7Regulation may adopt any rules and execute any
8intergovernmental agreements necessary to assume
9responsibility for the licensure of day care centers and part
10day child care facilities under this Act.
 
11    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
12    Sec. 5. Examination of facilities.
13    (a) In respect to child care institutions, maternity
14centers, child welfare agencies, day care centers, day care
15agencies and group homes, the Department of Children and
16Family Services, upon receiving notice of an application filed
17in proper order, shall examine the facilities and persons
18responsible for care of children therein. Upon completing the
19examination of any day care center, the Department of Children
20and Family Services shall provide the results of the
21examination to the Department of Financial and Professional
22Regulation.
23    (b) In respect to foster family and day care homes,
24applications may be filed on behalf of such homes by a licensed
25child welfare agency, by a State agency authorized to place

 

 

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1children in foster care or by out-of-State agencies approved
2by the Department of Children and Family Services to place
3children in this State. In respect to day care homes,
4applications may be filed on behalf of such homes by a licensed
5day care agency or licensed child welfare agency. In applying
6for license in behalf of a home in which children are placed by
7and remain under supervision of the applicant agency, such
8agency shall certify that the home and persons responsible for
9care of unrelated children therein, or the home and relatives,
10as defined in Section 2.17 of this Act, responsible for the
11care of related children therein, were found to be in
12reasonable compliance with standards prescribed by the
13Department for the type of care indicated.
14    (c) The Department of Children and Family Services shall
15not allow any person to examine facilities under a provision
16of this Act who has not passed an examination demonstrating
17that such person is familiar with this Act and with the
18appropriate standards and regulations of the Department.
19    (d) With the exception of day care centers, part day child
20care facilities, day care homes, and group day care homes,
21licenses shall be issued in such form and manner as prescribed
22by the Department of Children and Family Services and are
23valid for 4 years from the date issued, unless revoked by the
24Department of Children and Family Services or voluntarily
25surrendered by the licensee. Licenses issued for day care
26centers, day care homes, and group day care homes shall be

 

 

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1valid for 3 years from the date issued, unless revoked by the
2Department of Children and Family Services or voluntarily
3surrendered by the licensee. Licenses for day care centers and
4part day child care facilities shall be issued in such form and
5manner as prescribed by the Department of Financial and
6Professional Regulation and are valid for 3 years from the
7date issued in the case of day care centers and 4 years from
8the date issued in the case of part day child care facilities.
9When a licensee has made timely and sufficient application for
10the renewal of a license or a new license with reference to any
11activity of a continuing nature, the existing license shall
12continue in full force and effect for up to 30 days until the
13final agency decision on the application has been made. The
14Department of Children and Family Services and the Department
15of Financial and Professional Regulation may further extend
16the period in which such decision must be made in individual
17cases for up to 30 days, but such extensions shall be only upon
18good cause shown.
19    (e) The Department of Children and Family Services may
20issue one 6-month permit to a newly established facility for
21child care, other than a day care center or part day child care
22facility, to allow that facility reasonable time to become
23eligible for a full license. If the facility for child care is
24a foster family home, or day care home the Department may issue
25one 2-month permit only.
26    (e-5) The Department of Financial and Professional

 

 

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1Regulation may issue one 6-month permit to a day care center or
2part day child care facility to allow the center or the
3facility reasonable time to become eligible for a full
4license.
5    (f) The Department may issue an emergency permit to a
6child care facility taking in children as a result of the
7temporary closure for more than 2 weeks of a licensed child
8care facility due to a natural disaster. An emergency permit
9under this subsection shall be issued to a facility only if the
10persons providing child care services at the facility were
11employees of the temporarily closed day care center at the
12time it was closed. No investigation of an employee of a child
13care facility receiving an emergency permit under this
14subsection shall be required if that employee has previously
15been investigated at another child care facility. No emergency
16permit issued under this subsection shall be valid for more
17than 90 days after the date of issuance.
18    (g) During the hours of operation of any licensed child
19care facility, authorized representatives of the Department of
20Children and Family Services may without notice visit the
21facility for the purpose of determining its continuing
22compliance with this Act or regulations adopted pursuant
23thereto.
24    (h) Day care centers, day care homes, and group day care
25homes shall be monitored at least annually by a licensing
26representative from the Department of Children and Family

 

 

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1Services or the agency that recommended licensure.
2    (i) Upon completing any visit to a day care center under
3subsection (g) or the annual monitoring of day care centers
4under subsection (h), the Department of Children and Family
5Services shall deliver a report of its findings to the
6Department of Financial and Professional Regulation for use in
7licensing determinations.
8(Source: P.A. 98-804, eff. 1-1-15.)
 
9    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
10    Sec. 7. Minimum standards for licensure.
11(a) The Department must prescribe and publish minimum
12standards for licensing that apply to the various types of
13facilities 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
17seek the advice and assistance of persons representative of
18the various types of child care facilities in establishing
19such standards. The standards prescribed and published under
20this Act take effect as provided in the Illinois
21Administrative Procedure Act, and are restricted to
22regulations pertaining to the following matters and to any
23rules and regulations required or permitted by any other
24Section of this Act:
25        (1) The operation and conduct of the facility and

 

 

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

 

 

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

 

 

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

 

 

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1    American Academy of Pediatrics; and
2        (17) With respect to foster family homes, provisions
3    requiring the Department to review quality of care
4    concerns and to consider those concerns in determining
5    whether a foster family home is qualified to care for
6    children.
7    By July 1, 2022, all licensed day care home providers,
8licensed group day care home providers, and licensed day care
9center directors and classroom staff shall participate in at
10least one training that includes the topics of early childhood
11social emotional learning, infant and early childhood mental
12health, early childhood trauma, or adverse childhood
13experiences. Current licensed providers, directors, and
14classroom staff shall complete training by July 1, 2022 and
15shall participate in training that includes the above topics
16at least once every 3 years.
17    (b) If, in a facility for general child care, there are
18children diagnosed as mentally ill or children diagnosed as
19having an intellectual or physical disability, who are
20determined to be in need of special mental treatment or of
21nursing care, or both mental treatment and nursing care, the
22Department shall seek the advice and recommendation of the
23Department of Human Services, the Department of Public Health,
24or both Departments regarding the residential treatment and
25nursing care provided by the institution.
26    (c) The Department shall investigate any person applying

 

 

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1to be licensed as a foster parent to determine whether there is
2any evidence of current drug or alcohol abuse in the
3prospective foster family. The Department shall not license a
4person as a foster parent if drug or alcohol abuse has been
5identified in the foster family or if a reasonable suspicion
6of such abuse exists, except that the Department may grant a
7foster parent license to an applicant identified with an
8alcohol or drug problem if the applicant has successfully
9participated in an alcohol or drug treatment program,
10self-help group, or other suitable activities and if the
11Department determines that the foster family home can provide
12a safe, appropriate environment and meet the physical and
13emotional needs of children.
14    (d) The Department, in applying standards prescribed and
15published, as herein provided, shall offer consultation
16through employed staff or other qualified persons to assist
17applicants and licensees in meeting and maintaining minimum
18requirements for a license and to help them otherwise to
19achieve programs of excellence related to the care of children
20served. Such consultation shall include providing information
21concerning education and training in early childhood
22development to providers of day care home services. The
23Department may provide or arrange for such education and
24training for those providers who request such assistance.
25    (e) The Department shall distribute copies of licensing
26standards to all licensees and applicants for a license. Each

 

 

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1licensee or holder of a permit shall distribute copies of the
2appropriate licensing standards and any other information
3required by the Department to child care facilities under its
4supervision. Each licensee or holder of a permit shall
5maintain appropriate documentation of the distribution of the
6standards. Such documentation shall be part of the records of
7the facility and subject to inspection by authorized
8representatives of the Department.
9    (f) The Department shall prepare summaries of day care
10licensing standards. Each licensee or holder of a permit for a
11day care facility shall distribute a copy of the appropriate
12summary and any other information required by the Department,
13to the legal guardian of each child cared for in that facility
14at the time when the child is enrolled or initially placed in
15the facility. The licensee or holder of a permit for a day care
16facility shall secure appropriate documentation of the
17distribution of the summary and brochure. Such documentation
18shall be a part of the records of the facility and subject to
19inspection by an authorized representative of the Department.
20    (g) The Department shall distribute to each licensee and
21holder of a permit copies of the licensing or permit standards
22applicable to such person's facility. Each licensee or holder
23of a permit shall make available by posting at all times in a
24common or otherwise accessible area a complete and current set
25of licensing standards in order that all employees of the
26facility may have unrestricted access to such standards. All

 

 

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

 

 

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1content shall be reviewed annually in collaboration with the
2Department of Public Health to reflect the most current
3recommendations of the Advisory Committee on Immunization
4Practices (ACIP). The Department of Children and Family
5Services, in consultation with the Department of Financial and
6Professional Regulation, shall work with day care centers and
7day care homes licensed under this Act to ensure that the
8information is annually distributed to parents in August or
9September.
10    (j) Any standard adopted by the Department that requires
11an applicant for a license to operate a day care home to
12include a copy of a high school diploma or equivalent
13certificate with his or her application shall be deemed to be
14satisfied if the applicant includes a copy of a high school
15diploma or equivalent certificate or a copy of a degree from an
16accredited institution of higher education or vocational
17institution or equivalent certificate.
18(Source: P.A. 102-4, eff. 4-27-21.)
 
19    (225 ILCS 10/7.10)
20    Sec. 7.10. Progress report.
21    (a) For the purposes of this Section, "child day care
22licensing" or "day care licensing" means licensing of day care
23centers, day care homes, and group day care homes.
24    (b) No later than September 30th of each year, the
25Department, in consultation with the Department of Financial

 

 

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1and Professional Regulation, shall provide the General
2Assembly with a comprehensive report on its progress in
3meeting performance measures and goals related to child day
4care licensing.
5    (c) The report shall include:
6        (1) details on the funding for child day care
7    licensing, including:
8            (A) the total number of full-time employees
9        working on child day care licensing;
10            (B) the names of all sources of revenue used to
11        support child day care licensing;
12            (C) the amount of expenditures that is claimed
13        against federal funding sources;
14            (D) the identity of federal funding sources; and
15            (E) how funds are appropriated, including
16        appropriations for line staff, support staff,
17        supervisory staff, and training and other expenses and
18        the funding history of such licensing since fiscal
19        year 2010;
20        (2) current staffing qualifications of day care
21    licensing representatives and day care licensing
22    supervisors in comparison with staffing qualifications
23    specified in the job description;
24        (3) data history for fiscal year 2010 to the current
25    fiscal year on day care licensing representative caseloads
26    and staffing levels in all areas of the State;

 

 

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1        (4) per the DCFS Child Day Care Licensing Advisory
2    Council's work plan, quarterly data on the following
3    measures:
4            (A) the percentage of new applications disposed of
5        within 90 days;
6            (B) the percentage of licenses renewed on time;
7            (C) the percentage of day care centers receiving
8        timely annual monitoring visits;
9            (D) the percentage of day care homes receiving
10        timely annual monitoring visits;
11            (E) the percentage of group day care homes
12        receiving timely annual monitoring visits;
13            (F) the percentage of provider requests for
14        supervisory review;
15            (G) the progress on adopting a key indicator
16        system;
17            (H) the percentage of complaints disposed of
18        within 30 days;
19            (I) the average number of days a day care center
20        applicant must wait to attend a licensing orientation;
21            (J) the number of licensing orientation sessions
22        available per region in the past year; and
23            (K) the number of Department trainings related to
24        licensing and child development available to providers
25        in the past year; and
26        (5) efforts to coordinate with the Department of Human

 

 

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1    Services and the State Board of Education on professional
2    development, credentialing issues, and child developers,
3    including training registry, child developers, and Quality
4    Rating and Improvement Systems (QRIS).
5    (d) The Department, in consultation with the Department of
6Financial and Professional Regulation, shall work with the
7Governor's appointed Early Learning Council on issues related
8to and concerning child day care.
9(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)
 
10    (225 ILCS 10/9.1c)
11    Sec. 9.1c. Public database of day care homes, group day
12care homes, and day care centers; license status. No later
13than July 1, 2018, the Department of Children and Family
14Services shall establish and maintain on its official website
15a searchable database, freely accessible to the public, that
16provides the following information on each day care home,
17group day care home, and day care center licensed by the
18Department of Children and Family Services or the Department
19of Financial and Professional Regulation: whether, within the
20past 5 years, the day care home, group day care home, or day
21care center has had its license revoked by or surrendered to
22the Department of Children and Family Services or the
23Department of Financial and Professional Regulation during a
24child abuse or neglect investigation or its application for a
25renewal of its license was denied by the Department of

 

 

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1Children and Family Services or the Department of Financial
2and Professional Regulation, and, if so, the dates upon which
3the license was revoked by or surrendered to the Department of
4Children and Family Services or the Department of Financial
5and Professional Regulation or the application for a renewal
6of the license was denied by the Department of Children and
7Family Services or the Department of Financial and
8Professional Regulation. The Department of Children and Family
9Services may adopt any rules necessary to implement this
10Section. Nothing in this Section shall be construed to allow
11or authorize the Department of Children and Family Services to
12release or disclose any information that is prohibited from
13public disclosure under this Act or under any other State or
14federal law. The Department of Financial and Professional
15Regulation shall provide information concerning the issuance,
16renewal, refusal, or revocation of licenses for day care
17centers and part day child care facilities to the Department
18of Child and Family Services.
19(Source: P.A. 100-52, eff. 1-1-18.)
 
20    (225 ILCS 10/9.2)
21    Sec. 9.2. Toll free number; day care information. The
22Department of Children and Family Services, in consultation
23with the Department of Financial and Professional Regulation,
24shall establish and maintain a statewide toll-free telephone
25number that all persons may use to inquire about the past

 

 

SB4189- 19 -LRB102 26570 AMQ 37264 b

1history and record of a day care facility operating in this
2State. The past history and record shall include, but shall
3not be limited to, Department substantiated complaints against
4a day care facility and Department staff findings of license
5violations by a day care facility. Information disclosed in
6accordance with this Section shall be subject to the
7confidentiality requirements provided in this Act.
8(Source: P.A. 90-671, eff. 1-1-99.)