IL
Illinois House Bill HB3566

Illinois 2023-2024 Regular Session

Illinois House Bill HB3566 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3566 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: 225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Provides that the minimum standards for child care licensing include regulations to allow for staffing flexibility of qualified early childhood assistants to enable the early childhood assistants to supervise a classroom outside of the core developmental hours of the day, which shall not exceed more than 3 consecutive hours. LRB103 29862 AMQ 56271 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3566 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Provides that the minimum standards for child care licensing include regulations to allow for staffing flexibility of qualified early childhood assistants to enable the early childhood assistants to supervise a classroom outside of the core developmental hours of the day, which shall not exceed more than 3 consecutive hours. LRB103 29862 AMQ 56271 b LRB103 29862 AMQ 56271 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3566 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
3+225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7 from Ch. 23, par. 2217
4+225 ILCS 10/7 from Ch. 23, par. 2217
5+Amends the Child Care Act of 1969. Provides that the minimum standards for child care licensing include regulations to allow for staffing flexibility of qualified early childhood assistants to enable the early childhood assistants to supervise a classroom outside of the core developmental hours of the day, which shall not exceed more than 3 consecutive hours.
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311 1 AN ACT concerning regulation.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Child Care Act of 1969 is amended by
715 5 changing Section 7 as follows:
816 6 (225 ILCS 10/7) (from Ch. 23, par. 2217)
917 7 Sec. 7. (a) The Department must prescribe and publish
1018 8 minimum standards for licensing that apply to the various
1119 9 types of facilities for child care defined in this Act and that
1220 10 are equally applicable to like institutions under the control
1321 11 of the Department and to foster family homes used by and under
1422 12 the direct supervision of the Department. The Department shall
1523 13 seek the advice and assistance of persons representative of
1624 14 the various types of child care facilities in establishing
1725 15 such standards. The standards prescribed and published under
1826 16 this Act take effect as provided in the Illinois
1927 17 Administrative Procedure Act, and are restricted to
2028 18 regulations pertaining to the following matters and to any
2129 19 rules and regulations required or permitted by any other
2230 20 Section of this Act:
2331 21 (1) The operation and conduct of the facility and
2432 22 responsibility it assumes for child care;
2533 23 (2) The character, suitability and qualifications of
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37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3566 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
38+225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7 from Ch. 23, par. 2217
39+225 ILCS 10/7 from Ch. 23, par. 2217
40+Amends the Child Care Act of 1969. Provides that the minimum standards for child care licensing include regulations to allow for staffing flexibility of qualified early childhood assistants to enable the early childhood assistants to supervise a classroom outside of the core developmental hours of the day, which shall not exceed more than 3 consecutive hours.
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3468 1 the applicant and other persons directly responsible for
3569 2 the care and welfare of children served. All child day
3670 3 care center licensees and employees who are required to
3771 4 report child abuse or neglect under the Abused and
3872 5 Neglected Child Reporting Act shall be required to attend
3973 6 training on recognizing child abuse and neglect, as
4074 7 prescribed by Department rules;
4175 8 (3) The general financial ability and competence of
4276 9 the applicant to provide necessary care for children and
4377 10 to maintain prescribed standards;
4478 11 (4) The number of individuals or staff required to
4579 12 insure adequate supervision and care of the children
4680 13 received. The standards shall provide that each child care
4781 14 institution, maternity center, day care center, group
4882 15 home, day care home, and group day care home shall have on
4983 16 its premises during its hours of operation at least one
5084 17 staff member certified in first aid, in the Heimlich
5185 18 maneuver and in cardiopulmonary resuscitation by the
5286 19 American Red Cross or other organization approved by rule
5387 20 of the Department. Child welfare agencies shall not be
5488 21 subject to such a staffing requirement. The Department may
5589 22 offer, or arrange for the offering, on a periodic basis in
5690 23 each community in this State in cooperation with the
5791 24 American Red Cross, the American Heart Association or
5892 25 other appropriate organization, voluntary programs to
5993 26 train operators of foster family homes and day care homes
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70104 1 in first aid and cardiopulmonary resuscitation;
71105 2 (4.5) Provisions to allow for staffing flexibility of
72106 3 qualified early childhood assistants to enable the early
73107 4 childhood assistants to supervise a classroom outside of
74108 5 the core developmental hours of the day, which shall not
75-6 exceed more than 3 consecutive hours or make up a majority
76-7 of the hours an individual classroom is open in a single
77-8 day;
78-9 (5) The appropriateness, safety, cleanliness, and
79-10 general adequacy of the premises, including maintenance of
80-11 adequate fire prevention and health standards conforming
81-12 to State laws and municipal codes to provide for the
82-13 physical comfort, care, and well-being of children
83-14 received;
84-15 (6) Provisions for food, clothing, educational
85-16 opportunities, program, equipment and individual supplies
86-17 to assure the healthy physical, mental, and spiritual
87-18 development of children served;
88-19 (7) Provisions to safeguard the legal rights of
89-20 children served;
90-21 (8) Maintenance of records pertaining to the
91-22 admission, progress, health, and discharge of children,
92-23 including, for day care centers and day care homes,
93-24 records indicating each child has been immunized as
94-25 required by State regulations. The Department shall
95-26 require proof that children enrolled in a facility have
109+6 exceed more than 3 consecutive hours;
110+7 (5) The appropriateness, safety, cleanliness, and
111+8 general adequacy of the premises, including maintenance of
112+9 adequate fire prevention and health standards conforming
113+10 to State laws and municipal codes to provide for the
114+11 physical comfort, care, and well-being of children
115+12 received;
116+13 (6) Provisions for food, clothing, educational
117+14 opportunities, program, equipment and individual supplies
118+15 to assure the healthy physical, mental, and spiritual
119+16 development of children served;
120+17 (7) Provisions to safeguard the legal rights of
121+18 children served;
122+19 (8) Maintenance of records pertaining to the
123+20 admission, progress, health, and discharge of children,
124+21 including, for day care centers and day care homes,
125+22 records indicating each child has been immunized as
126+23 required by State regulations. The Department shall
127+24 require proof that children enrolled in a facility have
128+25 been immunized against Haemophilus Influenzae B (HIB);
129+26 (9) Filing of reports with the Department;
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106-1 been immunized against Haemophilus Influenzae B (HIB);
107-2 (9) Filing of reports with the Department;
108-3 (10) Discipline of children;
109-4 (11) Protection and fostering of the particular
110-5 religious faith of the children served;
111-6 (12) Provisions prohibiting firearms on day care
112-7 center premises except in the possession of peace
113-8 officers;
114-9 (13) Provisions prohibiting handguns on day care home
115-10 premises except in the possession of peace officers or
116-11 other adults who must possess a handgun as a condition of
117-12 employment and who reside on the premises of a day care
118-13 home;
119-14 (14) Provisions requiring that any firearm permitted
120-15 on day care home premises, except handguns in the
121-16 possession of peace officers, shall be kept in a
122-17 disassembled state, without ammunition, in locked storage,
123-18 inaccessible to children and that ammunition permitted on
124-19 day care home premises shall be kept in locked storage
125-20 separate from that of disassembled firearms, inaccessible
126-21 to children;
127-22 (15) Provisions requiring notification of parents or
128-23 guardians enrolling children at a day care home of the
129-24 presence in the day care home of any firearms and
130-25 ammunition and of the arrangements for the separate,
131-26 locked storage of such firearms and ammunition;
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140+1 (10) Discipline of children;
141+2 (11) Protection and fostering of the particular
142+3 religious faith of the children served;
143+4 (12) Provisions prohibiting firearms on day care
144+5 center premises except in the possession of peace
145+6 officers;
146+7 (13) Provisions prohibiting handguns on day care home
147+8 premises except in the possession of peace officers or
148+9 other adults who must possess a handgun as a condition of
149+10 employment and who reside on the premises of a day care
150+11 home;
151+12 (14) Provisions requiring that any firearm permitted
152+13 on day care home premises, except handguns in the
153+14 possession of peace officers, shall be kept in a
154+15 disassembled state, without ammunition, in locked storage,
155+16 inaccessible to children and that ammunition permitted on
156+17 day care home premises shall be kept in locked storage
157+18 separate from that of disassembled firearms, inaccessible
158+19 to children;
159+20 (15) Provisions requiring notification of parents or
160+21 guardians enrolling children at a day care home of the
161+22 presence in the day care home of any firearms and
162+23 ammunition and of the arrangements for the separate,
163+24 locked storage of such firearms and ammunition;
164+25 (16) Provisions requiring all licensed child care
165+26 facility employees who care for newborns and infants to
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142-1 (16) Provisions requiring all licensed child care
143-2 facility employees who care for newborns and infants to
144-3 complete training every 3 years on the nature of sudden
145-4 unexpected infant death (SUID), sudden infant death
146-5 syndrome (SIDS), and the safe sleep recommendations of the
147-6 American Academy of Pediatrics; and
148-7 (17) With respect to foster family homes, provisions
149-8 requiring the Department to review quality of care
150-9 concerns and to consider those concerns in determining
151-10 whether a foster family home is qualified to care for
152-11 children.
153-12 By July 1, 2022, all licensed day care home providers,
154-13 licensed group day care home providers, and licensed day care
155-14 center directors and classroom staff shall participate in at
156-15 least one training that includes the topics of early childhood
157-16 social emotional learning, infant and early childhood mental
158-17 health, early childhood trauma, or adverse childhood
159-18 experiences. Current licensed providers, directors, and
160-19 classroom staff shall complete training by July 1, 2022 and
161-20 shall participate in training that includes the above topics
162-21 at least once every 3 years.
163-22 (b) If, in a facility for general child care, there are
164-23 children diagnosed as mentally ill or children diagnosed as
165-24 having an intellectual or physical disability, who are
166-25 determined to be in need of special mental treatment or of
167-26 nursing care, or both mental treatment and nursing care, the
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176+1 complete training every 3 years on the nature of sudden
177+2 unexpected infant death (SUID), sudden infant death
178+3 syndrome (SIDS), and the safe sleep recommendations of the
179+4 American Academy of Pediatrics; and
180+5 (17) With respect to foster family homes, provisions
181+6 requiring the Department to review quality of care
182+7 concerns and to consider those concerns in determining
183+8 whether a foster family home is qualified to care for
184+9 children.
185+10 By July 1, 2022, all licensed day care home providers,
186+11 licensed group day care home providers, and licensed day care
187+12 center directors and classroom staff shall participate in at
188+13 least one training that includes the topics of early childhood
189+14 social emotional learning, infant and early childhood mental
190+15 health, early childhood trauma, or adverse childhood
191+16 experiences. Current licensed providers, directors, and
192+17 classroom staff shall complete training by July 1, 2022 and
193+18 shall participate in training that includes the above topics
194+19 at least once every 3 years.
195+20 (b) If, in a facility for general child care, there are
196+21 children diagnosed as mentally ill or children diagnosed as
197+22 having an intellectual or physical disability, who are
198+23 determined to be in need of special mental treatment or of
199+24 nursing care, or both mental treatment and nursing care, the
200+25 Department shall seek the advice and recommendation of the
201+26 Department of Human Services, the Department of Public Health,
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178-1 Department shall seek the advice and recommendation of the
179-2 Department of Human Services, the Department of Public Health,
180-3 or both Departments regarding the residential treatment and
181-4 nursing care provided by the institution.
182-5 (c) The Department shall investigate any person applying
183-6 to be licensed as a foster parent to determine whether there is
184-7 any evidence of current drug or alcohol abuse in the
185-8 prospective foster family. The Department shall not license a
186-9 person as a foster parent if drug or alcohol abuse has been
187-10 identified in the foster family or if a reasonable suspicion
188-11 of such abuse exists, except that the Department may grant a
189-12 foster parent license to an applicant identified with an
190-13 alcohol or drug problem if the applicant has successfully
191-14 participated in an alcohol or drug treatment program,
192-15 self-help group, or other suitable activities and if the
193-16 Department determines that the foster family home can provide
194-17 a safe, appropriate environment and meet the physical and
195-18 emotional needs of children.
196-19 (d) The Department, in applying standards prescribed and
197-20 published, as herein provided, shall offer consultation
198-21 through employed staff or other qualified persons to assist
199-22 applicants and licensees in meeting and maintaining minimum
200-23 requirements for a license and to help them otherwise to
201-24 achieve programs of excellence related to the care of children
202-25 served. Such consultation shall include providing information
203-26 concerning education and training in early childhood
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212+1 or both Departments regarding the residential treatment and
213+2 nursing care provided by the institution.
214+3 (c) The Department shall investigate any person applying
215+4 to be licensed as a foster parent to determine whether there is
216+5 any evidence of current drug or alcohol abuse in the
217+6 prospective foster family. The Department shall not license a
218+7 person as a foster parent if drug or alcohol abuse has been
219+8 identified in the foster family or if a reasonable suspicion
220+9 of such abuse exists, except that the Department may grant a
221+10 foster parent license to an applicant identified with an
222+11 alcohol or drug problem if the applicant has successfully
223+12 participated in an alcohol or drug treatment program,
224+13 self-help group, or other suitable activities and if the
225+14 Department determines that the foster family home can provide
226+15 a safe, appropriate environment and meet the physical and
227+16 emotional needs of children.
228+17 (d) The Department, in applying standards prescribed and
229+18 published, as herein provided, shall offer consultation
230+19 through employed staff or other qualified persons to assist
231+20 applicants and licensees in meeting and maintaining minimum
232+21 requirements for a license and to help them otherwise to
233+22 achieve programs of excellence related to the care of children
234+23 served. Such consultation shall include providing information
235+24 concerning education and training in early childhood
236+25 development to providers of day care home services. The
237+26 Department may provide or arrange for such education and
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214-1 development to providers of day care home services. The
215-2 Department may provide or arrange for such education and
216-3 training for those providers who request such assistance.
217-4 (e) The Department shall distribute copies of licensing
218-5 standards to all licensees and applicants for a license. Each
219-6 licensee or holder of a permit shall distribute copies of the
220-7 appropriate licensing standards and any other information
221-8 required by the Department to child care facilities under its
222-9 supervision. Each licensee or holder of a permit shall
223-10 maintain appropriate documentation of the distribution of the
224-11 standards. Such documentation shall be part of the records of
225-12 the facility and subject to inspection by authorized
226-13 representatives of the Department.
227-14 (f) The Department shall prepare summaries of day care
228-15 licensing standards. Each licensee or holder of a permit for a
229-16 day care facility shall distribute a copy of the appropriate
230-17 summary and any other information required by the Department,
231-18 to the legal guardian of each child cared for in that facility
232-19 at the time when the child is enrolled or initially placed in
233-20 the facility. The licensee or holder of a permit for a day care
234-21 facility shall secure appropriate documentation of the
235-22 distribution of the summary and brochure. Such documentation
236-23 shall be a part of the records of the facility and subject to
237-24 inspection by an authorized representative of the Department.
238-25 (g) The Department shall distribute to each licensee and
239-26 holder of a permit copies of the licensing or permit standards
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248+1 training for those providers who request such assistance.
249+2 (e) The Department shall distribute copies of licensing
250+3 standards to all licensees and applicants for a license. Each
251+4 licensee or holder of a permit shall distribute copies of the
252+5 appropriate licensing standards and any other information
253+6 required by the Department to child care facilities under its
254+7 supervision. Each licensee or holder of a permit shall
255+8 maintain appropriate documentation of the distribution of the
256+9 standards. Such documentation shall be part of the records of
257+10 the facility and subject to inspection by authorized
258+11 representatives of the Department.
259+12 (f) The Department shall prepare summaries of day care
260+13 licensing standards. Each licensee or holder of a permit for a
261+14 day care facility shall distribute a copy of the appropriate
262+15 summary and any other information required by the Department,
263+16 to the legal guardian of each child cared for in that facility
264+17 at the time when the child is enrolled or initially placed in
265+18 the facility. The licensee or holder of a permit for a day care
266+19 facility shall secure appropriate documentation of the
267+20 distribution of the summary and brochure. Such documentation
268+21 shall be a part of the records of the facility and subject to
269+22 inspection by an authorized representative of the Department.
270+23 (g) The Department shall distribute to each licensee and
271+24 holder of a permit copies of the licensing or permit standards
272+25 applicable to such person's facility. Each licensee or holder
273+26 of a permit shall make available by posting at all times in a
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250-1 applicable to such person's facility. Each licensee or holder
251-2 of a permit shall make available by posting at all times in a
252-3 common or otherwise accessible area a complete and current set
253-4 of licensing standards in order that all employees of the
254-5 facility may have unrestricted access to such standards. All
255-6 employees of the facility shall have reviewed the standards
256-7 and any subsequent changes. Each licensee or holder of a
257-8 permit shall maintain appropriate documentation of the current
258-9 review of licensing standards by all employees. Such records
259-10 shall be part of the records of the facility and subject to
260-11 inspection by authorized representatives of the Department.
261-12 (h) Any standards involving physical examinations,
262-13 immunization, or medical treatment shall include appropriate
263-14 exemptions for children whose parents object thereto on the
264-15 grounds that they conflict with the tenets and practices of a
265-16 recognized church or religious organization, of which the
266-17 parent is an adherent or member, and for children who should
267-18 not be subjected to immunization for clinical reasons.
268-19 (i) The Department, in cooperation with the Department of
269-20 Public Health, shall work to increase immunization awareness
270-21 and participation among parents of children enrolled in day
271-22 care centers and day care homes by publishing on the
272-23 Department's website information about the benefits of
273-24 immunization against vaccine preventable diseases, including
274-25 influenza and pertussis. The information for vaccine
275-26 preventable diseases shall include the incidence and severity
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284+1 common or otherwise accessible area a complete and current set
285+2 of licensing standards in order that all employees of the
286+3 facility may have unrestricted access to such standards. All
287+4 employees of the facility shall have reviewed the standards
288+5 and any subsequent changes. Each licensee or holder of a
289+6 permit shall maintain appropriate documentation of the current
290+7 review of licensing standards by all employees. Such records
291+8 shall be part of the records of the facility and subject to
292+9 inspection by authorized representatives of the Department.
293+10 (h) Any standards involving physical examinations,
294+11 immunization, or medical treatment shall include appropriate
295+12 exemptions for children whose parents object thereto on the
296+13 grounds that they conflict with the tenets and practices of a
297+14 recognized church or religious organization, of which the
298+15 parent is an adherent or member, and for children who should
299+16 not be subjected to immunization for clinical reasons.
300+17 (i) The Department, in cooperation with the Department of
301+18 Public Health, shall work to increase immunization awareness
302+19 and participation among parents of children enrolled in day
303+20 care centers and day care homes by publishing on the
304+21 Department's website information about the benefits of
305+22 immunization against vaccine preventable diseases, including
306+23 influenza and pertussis. The information for vaccine
307+24 preventable diseases shall include the incidence and severity
308+25 of the diseases, the availability of vaccines, and the
309+26 importance of immunizing children and persons who frequently
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286-1 of the diseases, the availability of vaccines, and the
287-2 importance of immunizing children and persons who frequently
288-3 have close contact with children. The website content shall be
289-4 reviewed annually in collaboration with the Department of
290-5 Public Health to reflect the most current recommendations of
291-6 the Advisory Committee on Immunization Practices (ACIP). The
292-7 Department shall work with day care centers and day care homes
293-8 licensed under this Act to ensure that the information is
294-9 annually distributed to parents in August or September.
295-10 (j) Any standard adopted by the Department that requires
296-11 an applicant for a license to operate a day care home to
297-12 include a copy of a high school diploma or equivalent
298-13 certificate with his or her application shall be deemed to be
299-14 satisfied if the applicant includes a copy of a high school
300-15 diploma or equivalent certificate or a copy of a degree from an
301-16 accredited institution of higher education or vocational
302-17 institution or equivalent certificate.
303-18 (Source: P.A. 102-4, eff. 4-27-21.)
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320+1 have close contact with children. The website content shall be
321+2 reviewed annually in collaboration with the Department of
322+3 Public Health to reflect the most current recommendations of
323+4 the Advisory Committee on Immunization Practices (ACIP). The
324+5 Department shall work with day care centers and day care homes
325+6 licensed under this Act to ensure that the information is
326+7 annually distributed to parents in August or September.
327+8 (j) Any standard adopted by the Department that requires
328+9 an applicant for a license to operate a day care home to
329+10 include a copy of a high school diploma or equivalent
330+11 certificate with his or her application shall be deemed to be
331+12 satisfied if the applicant includes a copy of a high school
332+13 diploma or equivalent certificate or a copy of a degree from an
333+14 accredited institution of higher education or vocational
334+15 institution or equivalent certificate.
335+16 (Source: P.A. 102-4, eff. 4-27-21.)
304336
305337
306338
307339
308340
309- HB3566 Engrossed - 9 - LRB103 29862 AMQ 56271 b
341+ HB3566 - 9 - LRB103 29862 AMQ 56271 b