Illinois General Assembly - Full Text of HB2474
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Full Text of HB2474  103rd General Assembly




HB2474 EngrossedLRB103 29883 AMQ 56294 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 Section 7 as follows:
6    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
7    Sec. 7. (a) The Department must prescribe and publish
8minimum standards for licensing that apply to the various
9types of facilities for child care defined in this Act and that
10are equally applicable to like institutions under the control
11of the Department and to foster family homes used by and under
12the direct supervision of the Department. The Department shall
13seek the advice and assistance of persons representative of
14the various types of child care facilities in establishing
15such standards. The standards prescribed and published under
16this Act take effect as provided in the Illinois
17Administrative Procedure Act, and are restricted to
18regulations pertaining to the following matters and to any
19rules and regulations required or permitted by any other
20Section of this Act:
21        (1) The operation and conduct of the facility and
22    responsibility it assumes for child care;
23        (2) The character, suitability and qualifications of



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



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



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1    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,
19    locked storage of such firearms and ammunition;
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; and
26        (17) With respect to foster family homes, provisions



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



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



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



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



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1licensed under this Act to ensure that the information is
2annually distributed to parents in August or September.
3    (j) Any standard adopted by the Department that requires
4an applicant for a license to operate a day care home to
5include a copy of a high school diploma or equivalent
6certificate with his or her application shall be deemed to be
7satisfied if the applicant includes a copy of a high school
8diploma or equivalent certificate or a copy of a degree from an
9accredited institution of higher education or vocational
10institution or equivalent certificate.
11    (k) As soon as practical after the effective date of this
12amendatory Act of the 103rd General Assembly, the Department
13shall amend its rules establishing licensing standards for
14group day care homes to provide a revised maximum authorized
15extended capacity for group day care homes that is applicable
16through July 1, 2025. The revised maximum extended capacity
17rules adopted by the Department in its amended rules shall
18allow one caregiver and 2 assistants to have the option of
19caring for 2 additional children who are 30 months of age or
20older, as well as 2 additional children who are attending
21school full-time, notwithstanding any other provision of this
22Act. The revised rules shall also provide that the second
23assistant shall be present at all times when there are more
24than 12 children in the home and shall prohibit the total
25capacity of the group day care home from exceeding 16



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1(Source: P.A. 102-4, eff. 4-27-21.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.