HB2474 EngrossedLRB103 29883 AMQ 56294 b HB2474 Engrossed LRB103 29883 AMQ 56294 b
HB2474 Engrossed LRB103 29883 AMQ 56294 b
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 7 as follows:
6 (225 ILCS 10/7) (from Ch. 23, par. 2217)
7 Sec. 7. (a) The Department must prescribe and publish
8 minimum standards for licensing that apply to the various
9 types of facilities for child care defined in this Act and that
10 are equally applicable to like institutions under the control
11 of the Department and to foster family homes used by and under
12 the direct supervision of the Department. The Department shall
13 seek the advice and assistance of persons representative of
14 the various types of child care facilities in establishing
15 such standards. The standards prescribed and published under
16 this Act take effect as provided in the Illinois
17 Administrative Procedure Act, and are restricted to
18 regulations pertaining to the following matters and to any
19 rules and regulations required or permitted by any other
20 Section 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,
6 licensed group day care home providers, and licensed day care
7 center directors and classroom staff shall participate in at
8 least one training that includes the topics of early childhood
9 social emotional learning, infant and early childhood mental
10 health, early childhood trauma, or adverse childhood
11 experiences. Current licensed providers, directors, and
12 classroom staff shall complete training by July 1, 2022 and
13 shall participate in training that includes the above topics
14 at least once every 3 years.
15 (b) If, in a facility for general child care, there are
16 children diagnosed as mentally ill or children diagnosed as
17 having an intellectual or physical disability, who are
18 determined to be in need of special mental treatment or of
19 nursing care, or both mental treatment and nursing care, the
20 Department shall seek the advice and recommendation of the
21 Department of Human Services, the Department of Public Health,
22 or both Departments regarding the residential treatment and
23 nursing care provided by the institution.
24 (c) The Department shall investigate any person applying
25 to be licensed as a foster parent to determine whether there is
26 any evidence of current drug or alcohol abuse in the
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1 prospective foster family. The Department shall not license a
2 person as a foster parent if drug or alcohol abuse has been
3 identified in the foster family or if a reasonable suspicion
4 of such abuse exists, except that the Department may grant a
5 foster parent license to an applicant identified with an
6 alcohol or drug problem if the applicant has successfully
7 participated in an alcohol or drug treatment program,
8 self-help group, or other suitable activities and if the
9 Department determines that the foster family home can provide
10 a safe, appropriate environment and meet the physical and
11 emotional needs of children.
12 (d) The Department, in applying standards prescribed and
13 published, as herein provided, shall offer consultation
14 through employed staff or other qualified persons to assist
15 applicants and licensees in meeting and maintaining minimum
16 requirements for a license and to help them otherwise to
17 achieve programs of excellence related to the care of children
18 served. Such consultation shall include providing information
19 concerning education and training in early childhood
20 development to providers of day care home services. The
21 Department may provide or arrange for such education and
22 training for those providers who request such assistance.
23 (e) The Department shall distribute copies of licensing
24 standards to all licensees and applicants for a license. Each
25 licensee or holder of a permit shall distribute copies of the
26 appropriate licensing standards and any other information
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1 required by the Department to child care facilities under its
2 supervision. Each licensee or holder of a permit shall
3 maintain appropriate documentation of the distribution of the
4 standards. Such documentation shall be part of the records of
5 the facility and subject to inspection by authorized
6 representatives of the Department.
7 (f) The Department shall prepare summaries of day care
8 licensing standards. Each licensee or holder of a permit for a
9 day care facility shall distribute a copy of the appropriate
10 summary and any other information required by the Department,
11 to the legal guardian of each child cared for in that facility
12 at the time when the child is enrolled or initially placed in
13 the facility. The licensee or holder of a permit for a day care
14 facility shall secure appropriate documentation of the
15 distribution of the summary and brochure. Such documentation
16 shall be a part of the records of the facility and subject to
17 inspection by an authorized representative of the Department.
18 (g) The Department shall distribute to each licensee and
19 holder of a permit copies of the licensing or permit standards
20 applicable to such person's facility. Each licensee or holder
21 of a permit shall make available by posting at all times in a
22 common or otherwise accessible area a complete and current set
23 of licensing standards in order that all employees of the
24 facility may have unrestricted access to such standards. All
25 employees of the facility shall have reviewed the standards
26 and any subsequent changes. Each licensee or holder of a
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1 permit shall maintain appropriate documentation of the current
2 review of licensing standards by all employees. Such records
3 shall be part of the records of the facility and subject to
4 inspection by authorized representatives of the Department.
5 (h) Any standards involving physical examinations,
6 immunization, or medical treatment shall include appropriate
7 exemptions for children whose parents object thereto on the
8 grounds that they conflict with the tenets and practices of a
9 recognized church or religious organization, of which the
10 parent is an adherent or member, and for children who should
11 not be subjected to immunization for clinical reasons.
12 (i) The Department, in cooperation with the Department of
13 Public Health, shall work to increase immunization awareness
14 and participation among parents of children enrolled in day
15 care centers and day care homes by publishing on the
16 Department's website information about the benefits of
17 immunization against vaccine preventable diseases, including
18 influenza and pertussis. The information for vaccine
19 preventable diseases shall include the incidence and severity
20 of the diseases, the availability of vaccines, and the
21 importance of immunizing children and persons who frequently
22 have close contact with children. The website content shall be
23 reviewed annually in collaboration with the Department of
24 Public Health to reflect the most current recommendations of
25 the Advisory Committee on Immunization Practices (ACIP). The
26 Department shall work with day care centers and day care homes
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1 licensed under this Act to ensure that the information is
2 annually distributed to parents in August or September.
3 (j) Any standard adopted by the Department that requires
4 an applicant for a license to operate a day care home to
5 include a copy of a high school diploma or equivalent
6 certificate with his or her application shall be deemed to be
7 satisfied if the applicant includes a copy of a high school
8 diploma or equivalent certificate or a copy of a degree from an
9 accredited institution of higher education or vocational
10 institution or equivalent certificate.
11 (k) As soon as practical after the effective date of this
12 amendatory Act of the 103rd General Assembly, the Department
13 shall amend its rules establishing licensing standards for
14 group day care homes to provide a revised maximum authorized
15 extended capacity for group day care homes that is applicable
16 through July 1, 2025. The revised maximum extended capacity
17 rules adopted by the Department in its amended rules shall
18 allow one caregiver and 2 assistants to have the option of
19 caring for 2 additional children who are 30 months of age or
20 older, as well as 2 additional children who are attending
21 school full-time, notwithstanding any other provision of this
22 Act. The revised rules shall also provide that the second
23 assistant shall be present at all times when there are more
24 than 12 children in the home and shall prohibit the total
25 capacity of the group day care home from exceeding 16
26 children.
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1 (Source: P.A. 102-4, eff. 4-27-21.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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