Illinois General Assembly - Full Text of HB3566
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Full Text of HB3566  103rd General Assembly


Sen. Cristina H. Pacione-Zayas

Filed: 5/16/2023





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2    AMENDMENT NO. ______. Amend House Bill 3566, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by adding Section 5-45.35 as follows:
7    (5 ILCS 100/5-45.35 new)
8    Sec. 5-45.35. Emergency rulemaking; Department of Children
9and Family Services. To provide for the expeditious and timely
10implementation of this amendatory Act of the 103rd General
11Assembly, emergency rules implementing this amendatory Act of
12the 103rd General Assembly may be adopted in accordance with
13Section 5-45 by the Department of Children and Family
14Services. The adoption of emergency rules authorized by
15Section 5-45 and this Section is deemed to be necessary for the
16public interest, safety, and welfare.



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1    This Section is repealed one year after the effective date
2of this amendatory Act of the 103rd General Assembly.
3    Section 10. The Child Care Act of 1969 is amended by
4changing Section 7 as follows:
5    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
6    Sec. 7. (a) The Department must prescribe and publish
7minimum standards for licensing that apply to the various
8types of facilities for child care defined in this Act and that
9are equally applicable to like institutions under the control
10of the Department and to foster family homes used by and under
11the direct supervision of the Department. The Department shall
12seek the advice and assistance of persons representative of
13the various types of child care facilities in establishing
14such standards. The standards prescribed and published under
15this Act take effect as provided in the Illinois
16Administrative Procedure Act, and are restricted to
17regulations pertaining to the following matters and to any
18rules and regulations required or permitted by any other
19Section of this Act:
20        (1) The operation and conduct of the facility and
21    responsibility it assumes for child care;
22        (2) The character, suitability and qualifications of
23    the applicant and other persons directly responsible for
24    the care and welfare of children served. All child day



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1    care center licensees and employees who are required to
2    report child abuse or neglect under the Abused and
3    Neglected Child Reporting Act shall be required to attend
4    training on recognizing child abuse and neglect, as
5    prescribed by Department rules;
6        (3) The general financial ability and competence of
7    the applicant to provide necessary care for children and
8    to maintain prescribed standards;
9        (4) The number of individuals or staff required to
10    insure adequate supervision and care of the children
11    received. The standards shall provide that each child care
12    institution, maternity center, day care center, group
13    home, day care home, and group day care home shall have on
14    its premises during its hours of operation at least one
15    staff member certified in first aid, in the Heimlich
16    maneuver and in cardiopulmonary resuscitation by the
17    American Red Cross or other organization approved by rule
18    of the Department. Child welfare agencies shall not be
19    subject to such a staffing requirement. The Department may
20    offer, or arrange for the offering, on a periodic basis in
21    each community in this State in cooperation with the
22    American Red Cross, the American Heart Association or
23    other appropriate organization, voluntary programs to
24    train operators of foster family homes and day care homes
25    in first aid and cardiopulmonary resuscitation;
26        (4.5) Provisions to allow for staffing flexibility of



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1    qualified early childhood assistants to enable the early
2    childhood assistants to supervise a classroom outside of
3    the core developmental hours of the day, which shall not
4    exceed more than 3 hours in a single day and shall be
5    documented in the program's Enhanced Staffing Plan. The
6    Commission shall adopt emergency rules to implement the
7    changes made by this amendatory Act of the 103rd General
8    Assembly;
9        (5) The appropriateness, safety, cleanliness, and
10    general adequacy of the premises, including maintenance of
11    adequate fire prevention and health standards conforming
12    to State laws and municipal codes to provide for the
13    physical comfort, care, and well-being of children
14    received;
15        (6) Provisions for food, clothing, educational
16    opportunities, program, equipment and individual supplies
17    to assure the healthy physical, mental, and spiritual
18    development of children served;
19        (7) Provisions to safeguard the legal rights of
20    children served;
21        (8) Maintenance of records pertaining to the
22    admission, progress, health, and discharge of children,
23    including, for day care centers and day care homes,
24    records indicating each child has been immunized as
25    required by State regulations. The Department shall
26    require proof that children enrolled in a facility have



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1    been immunized against Haemophilus Influenzae B (HIB);
2        (9) Filing of reports with the Department;
3        (10) Discipline of children;
4        (11) Protection and fostering of the particular
5    religious faith of the children served;
6        (12) Provisions prohibiting firearms on day care
7    center premises except in the possession of peace
8    officers;
9        (13) Provisions prohibiting handguns on day care home
10    premises except in the possession of peace officers or
11    other adults who must possess a handgun as a condition of
12    employment and who reside on the premises of a day care
13    home;
14        (14) Provisions requiring that any firearm permitted
15    on day care home premises, except handguns in the
16    possession of peace officers, shall be kept in a
17    disassembled state, without ammunition, in locked storage,
18    inaccessible to children and that ammunition permitted on
19    day care home premises shall be kept in locked storage
20    separate from that of disassembled firearms, inaccessible
21    to children;
22        (15) Provisions requiring notification of parents or
23    guardians enrolling children at a day care home of the
24    presence in the day care home of any firearms and
25    ammunition and of the arrangements for the separate,
26    locked storage of such firearms and ammunition;



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1        (16) Provisions requiring all licensed child care
2    facility employees who care for newborns and infants to
3    complete training every 3 years on the nature of sudden
4    unexpected infant death (SUID), sudden infant death
5    syndrome (SIDS), and the safe sleep recommendations of the
6    American Academy of Pediatrics; and
7        (17) With respect to foster family homes, provisions
8    requiring the Department to review quality of care
9    concerns and to consider those concerns in determining
10    whether a foster family home is qualified to care for
11    children.
12    By July 1, 2022, all licensed day care home providers,
13licensed group day care home providers, and licensed day care
14center directors and classroom staff shall participate in at
15least one training that includes the topics of early childhood
16social emotional learning, infant and early childhood mental
17health, early childhood trauma, or adverse childhood
18experiences. Current licensed providers, directors, and
19classroom staff shall complete training by July 1, 2022 and
20shall participate in training that includes the above topics
21at least once every 3 years.
22    (b) If, in a facility for general child care, there are
23children diagnosed as mentally ill or children diagnosed as
24having an intellectual or physical disability, who are
25determined to be in need of special mental treatment or of
26nursing care, or both mental treatment and nursing care, the



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



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1development to providers of day care home services. The
2Department may provide or arrange for such education and
3training for those providers who request such assistance.
4    (e) The Department shall distribute copies of licensing
5standards to all licensees and applicants for a license. Each
6licensee or holder of a permit shall distribute copies of the
7appropriate licensing standards and any other information
8required by the Department to child care facilities under its
9supervision. Each licensee or holder of a permit shall
10maintain appropriate documentation of the distribution of the
11standards. Such documentation shall be part of the records of
12the facility and subject to inspection by authorized
13representatives of the Department.
14    (f) The Department shall prepare summaries of day care
15licensing standards. Each licensee or holder of a permit for a
16day care facility shall distribute a copy of the appropriate
17summary and any other information required by the Department,
18to the legal guardian of each child cared for in that facility
19at the time when the child is enrolled or initially placed in
20the facility. The licensee or holder of a permit for a day care
21facility shall secure appropriate documentation of the
22distribution of the summary and brochure. Such documentation
23shall be a part of the records of the facility and subject to
24inspection by an authorized representative of the Department.
25    (g) The Department shall distribute to each licensee and
26holder of a permit copies of the licensing or permit standards



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



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1of the diseases, the availability of vaccines, and the
2importance of immunizing children and persons who frequently
3have close contact with children. The website content shall be
4reviewed annually in collaboration with the Department of
5Public Health to reflect the most current recommendations of
6the Advisory Committee on Immunization Practices (ACIP). The
7Department shall work with day care centers and day care homes
8licensed under this Act to ensure that the information is
9annually distributed to parents in August or September.
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    Section 99. Effective date. This Act takes effect upon
20becoming law.".