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Full Text of SB0621  102nd General Assembly

SB0621 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0621

 

Introduced 2/24/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1305/1-75 new
225 ILCS 10/5  from Ch. 23, par. 2215

    Amends the Department of Human Services Act. Requires the Department of Human Services (DHS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes, and the persons responsible for the care of children therein. Provides that the Department shall not allow any person to examine those facilities who has not passed an examination demonstrating familiarity with the Act and appropriate standards. Provides that with the exception of day care centers, day care homes, and group day care homes, licenses shall be issued by DHS and shall be valid for 4 years. Provides that licenses issued for day care centers, day care homes, and group day care homes shall be valid for 3 years. Provides that DHS may issue one 6-month permit to a newly established facility to allow that facility reasonable time to become eligible for a full license. Permits DHS to issue an emergency permit to a child care facility taking in children as a result of the temporary closure of another facility due to a natural disaster. Permits DHS to visit facilities, without notice, to determine if they are compliant with the Act and rules. Amends the Child Care Act of 1969. Removes a provision requiring the Department of Children and Family Services (DCFS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes. Removes a provision concerning the licensure of certain facilities by DCFS. Removes language permitting DCFS to issue an emergency permit to a child care facility taking in children because of a temporary closure due to a natural disaster. Requires DCFS to monitor foster family homes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by adding Section 1-75 as follows:
 
6    (20 ILCS 1305/1-75 new)
7    Sec. 1-75. Child care facilities; licensure.
8    (a) In respect to child care institutions, maternity
9centers, child welfare agencies, day care centers, day care
10agencies, and group homes, the Department, upon receiving
11application filed in proper order, shall examine the
12facilities and persons responsible for the care of children
13therein.
14    (b) The Department shall not allow any person to examine
15the facilities described in subsection (a) who has not passed
16an examination demonstrating that such person is familiar with
17this Act and with the appropriate standards and regulations of
18the Department.
19    (c) With the exception of day care centers, day care
20homes, and group day care homes, licenses shall be issued in
21such form and manner as prescribed by the Department and shall
22be valid for 4 years from the date issued, unless revoked by
23the Department or voluntarily surrendered by the licensee.

 

 

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1Licenses issued for day care centers, day care homes, and
2group day care homes shall be valid for 3 years from the date
3issued, unless revoked by the Department or voluntarily
4surrendered by the licensee. When a licensee has made timely
5and sufficient application for the renewal of a license or a
6new license with reference to any activity of a continuing
7nature, the existing license shall continue in full force and
8effect for up to 30 days until the final agency decision on the
9application has been made. The Department may further extend
10the period in which such decision must be made in individual
11cases for up to 30 days, but such extensions shall be only upon
12good cause shown.
13    (d) The Department may issue one 6-month permit to a newly
14established facility for child care to allow that facility
15reasonable time to become eligible for a full license.
16    (e) The Department may issue an emergency permit to a
17child care facility taking in children as a result of the
18temporary closure for more than 2 weeks of a licensed child
19care facility due to a natural disaster. An emergency permit
20under this subsection shall be issued to a facility only if the
21persons providing child care services at the facility were
22employees of the temporarily closed day care center at the
23time it was closed. No investigation of an employee of a child
24care facility receiving an emergency permit under this
25subsection shall be required if that employee has previously
26been investigated at another child care facility. No emergency

 

 

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1permit issued under this subsection shall be valid for more
2than 90 days after the date of issuance.
3    (f) During the hours of operation of any licensed child
4care facility, authorized representatives of the Department
5may, without notice, visit the facility for the purpose of
6determining its continuing compliance with this Act or any
7rules adopted in accordance with this Act.
8    (g) Day care centers, day care homes, and group day care
9homes shall be monitored at least annually by a licensing
10representative from the Department or the agency that
11recommended licensure.
 
12    Section 10. The Child Care Act of 1969 is amended by
13changing Section 5 as follows:
 
14    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
15    Sec. 5. (a) (Blank). In respect to child care
16institutions, maternity centers, child welfare agencies, day
17care centers, day care agencies and group homes, the
18Department, upon receiving application filed in proper order,
19shall examine the facilities and persons responsible for care
20of children therein.
21    (b) In respect to foster family and day care homes,
22applications may be filed on behalf of such homes by a licensed
23child welfare agency, by a State agency authorized to place
24children in foster care or by out-of-State agencies approved

 

 

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

 

 

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1new license with reference to any activity of a continuing
2nature, the existing license shall continue in full force and
3effect for up to 30 days until the final agency decision on the
4application has been made. The Department may further extend
5the period in which such decision must be made in individual
6cases for up to 30 days, but such extensions shall be only upon
7good cause shown.
8    (e) The Department may issue one 2-month 6-month permit to
9a newly established facility for child care to allow that
10facility reasonable time to become eligible for a full
11license. If the facility for child care is a foster family
12home, or day care home the Department may issue one 2-month
13permit only.
14    (f) (Blank). The Department may issue an emergency permit
15to a child care facility taking in children as a result of the
16temporary closure for more than 2 weeks of a licensed child
17care facility due to a natural disaster. An emergency permit
18under this subsection shall be issued to a facility only if the
19persons providing child care services at the facility were
20employees of the temporarily closed day care center at the
21time it was closed. No investigation of an employee of a child
22care facility receiving an emergency permit under this
23subsection shall be required if that employee has previously
24been investigated at another child care facility. No emergency
25permit issued under this subsection shall be valid for more
26than 90 days after the date of issuance.

 

 

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1    (g) During the hours of operation of any licensed child
2care facility, authorized representatives of the Department
3may without notice visit the facility for the purpose of
4determining its continuing compliance with this Act or
5regulations adopted pursuant thereto.
6    (h) Foster family Day care centers, day care homes, and
7group day care homes shall be monitored at least annually by a
8licensing representative from the Department or the agency
9that recommended licensure.
10(Source: P.A. 98-804, eff. 1-1-15.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    See Index