Full Text of HB2894 97th General Assembly
HB2894 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2894 Introduced 2/23/2011, by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
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225 ILCS 10/4.1 | from Ch. 23, par. 2214.1 |
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Amends the Child Care Act of 1969. Provides that if an employee has authorized a criminal background investigation, but the investigation has not been completed, then the employee may work directly with the children if another employee who has completed a criminal background investigation is present at all times. Effective immediately.
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| | A BILL FOR |
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| | | HB2894 | | LRB097 08334 CEL 48461 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 4.1 as follows:
| 6 | | (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
| 7 | | Sec. 4.1. Criminal Background Investigations. The | 8 | | Department shall
require that each child care facility license | 9 | | applicant as part of the
application process, and each employee | 10 | | of a child care facility as a
condition of employment, | 11 | | authorize an investigation to determine if such
applicant or | 12 | | employee has ever been charged with a crime and if so, the
| 13 | | disposition of those charges; this authorization shall | 14 | | indicate the scope of
the inquiry and the agencies which may be | 15 | | contacted. Upon this
authorization, the Director shall request | 16 | | and receive information and
assistance from any federal, State | 17 | | or local governmental agency as part of
the authorized | 18 | | investigation.
Each applicant shall submit his or her | 19 | | fingerprints to the Department
of State Police in the form and | 20 | | manner prescribed by the Department of State
Police. These | 21 | | fingerprints shall be checked against the fingerprint records
| 22 | | now and hereafter filed in the Department of State
Police and | 23 | | Federal Bureau of Investigation criminal history records
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| 1 | | databases. The Department of State Police shall charge
a fee | 2 | | for conducting the criminal history records check, which shall | 3 | | be
deposited in the State Police Services Fund and shall not | 4 | | exceed the actual
cost of the records check.
The Department of | 5 | | State Police shall provide
information concerning any criminal | 6 | | charges, and their disposition, now or
hereafter filed, against | 7 | | an applicant or child care facility employee upon
request of | 8 | | the Department of Children and Family Services when the request
| 9 | | is made in the form and manner required by the Department of | 10 | | State Police.
| 11 | | Information concerning convictions of a license applicant | 12 | | investigated
under this Section, including the source of the | 13 | | information and any
conclusions or recommendations derived | 14 | | from the information, shall be
provided, upon request, to such | 15 | | applicant prior to final action by the
Department on the | 16 | | application.
State
conviction information provided by the | 17 | | Department of State Police regarding
employees
or prospective | 18 | | employees of child care facilities licensed under this Act
| 19 | | shall be provided to the operator of such facility, and, upon | 20 | | request, to
the employee or prospective employee. Any | 21 | | information concerning criminal
charges and the disposition of | 22 | | such charges obtained by the Department
shall be confidential | 23 | | and may not be transmitted outside the Department,
except as | 24 | | required herein, and may not be transmitted to anyone within | 25 | | the
Department except as needed for the purpose of evaluating | 26 | | an application or
a child care facility employee. Only |
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| 1 | | information and standards which bear a
reasonable and rational | 2 | | relation to the performance of a child care
facility shall be | 3 | | used by the Department or any licensee. Any employee of
the | 4 | | Department of Children and Family Services, Department of State | 5 | | Police,
or a child care facility receiving confidential | 6 | | information under this
Section who gives or causes to be given | 7 | | any confidential information
concerning any criminal | 8 | | convictions of a child care facility applicant, or
child care | 9 | | facility employee, shall be guilty of a Class A misdemeanor
| 10 | | unless release of such information is authorized by this | 11 | | Section.
| 12 | | A child care facility may hire, on a probationary basis, | 13 | | any employee
authorizing a criminal background investigation | 14 | | under this Section, pending
the result of such investigation. | 15 | | If an employee has authorized a criminal background | 16 | | investigation under this Section, but the investigation has not | 17 | | been completed, then the employee may work directly with the | 18 | | children if another employee who has completed a criminal | 19 | | background investigation is present at all times. Employees | 20 | | shall be notified prior to
hiring that such employment may be | 21 | | terminated on the basis of criminal
background information | 22 | | obtained by the facility.
| 23 | | (Source: P.A. 93-418, eff. 1-1-04.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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