Illinois 2023-2024 Regular Session

Illinois House Bill HB3676 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3676 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 225 ILCS 10/3 from Ch. 23, par. 2213 225 ILCS 10/6.5 new 225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Provides that a qualified child care director must be present at the open or close of the facility. Provides that a qualified early childhood teacher who has been employed by the facility continuously for at least 24 months may otherwise be present for the first or last hour of the workday. Provides that a child care facility licensed under the Act may allow programs to staff classrooms with early childhood assistant qualified staff for up to 3 hours of the program day if it is documented in the facility's written staffing plan. Provides that an early childhood teacher must meet one of the following qualifications: (1) complete 60 semester hours from an accredited college or university with either 6 semester hours in early childhood education or complete the Gateways Early Childhood Education Credential Level 1 training; (2) complete 1,560 clock hours of child development experience and 30 semester hours from an accredited college or university with either 6 semester hours in early childhood education or Gateways Early Childhood Education Credential Level 1 training; (3) complete 2,080 clock hours of child development experience as a teacher assistant in a day care center, complete the Gateways Early Childhood Education Credential Level 1 training, and provide proof of enrollment from an accredited college or university until 30 semester hours are attained or proof of enrollment in an early childhood teacher credentialing program, either of which must be completed in no more than 5 years from the date of initial enrollment; or (4) complete a credentialing program approved by the Department of Children and Family Services in accordance with administrative rule. Makes a corresponding change. LRB103 30454 AMQ 56887 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3676 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 225 ILCS 10/3 from Ch. 23, par. 2213 225 ILCS 10/6.5 new 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/3 from Ch. 23, par. 2213 225 ILCS 10/6.5 new 225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Provides that a qualified child care director must be present at the open or close of the facility. Provides that a qualified early childhood teacher who has been employed by the facility continuously for at least 24 months may otherwise be present for the first or last hour of the workday. Provides that a child care facility licensed under the Act may allow programs to staff classrooms with early childhood assistant qualified staff for up to 3 hours of the program day if it is documented in the facility's written staffing plan. Provides that an early childhood teacher must meet one of the following qualifications: (1) complete 60 semester hours from an accredited college or university with either 6 semester hours in early childhood education or complete the Gateways Early Childhood Education Credential Level 1 training; (2) complete 1,560 clock hours of child development experience and 30 semester hours from an accredited college or university with either 6 semester hours in early childhood education or Gateways Early Childhood Education Credential Level 1 training; (3) complete 2,080 clock hours of child development experience as a teacher assistant in a day care center, complete the Gateways Early Childhood Education Credential Level 1 training, and provide proof of enrollment from an accredited college or university until 30 semester hours are attained or proof of enrollment in an early childhood teacher credentialing program, either of which must be completed in no more than 5 years from the date of initial enrollment; or (4) complete a credentialing program approved by the Department of Children and Family Services in accordance with administrative rule. Makes a corresponding change. LRB103 30454 AMQ 56887 b LRB103 30454 AMQ 56887 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3676 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 10/3 from Ch. 23, par. 2213 225 ILCS 10/6.5 new 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/3 from Ch. 23, par. 2213 225 ILCS 10/6.5 new 225 ILCS 10/7 from Ch. 23, par. 2217
4	4	225 ILCS 10/3 from Ch. 23, par. 2213
5	5	225 ILCS 10/6.5 new
6	6	225 ILCS 10/7 from Ch. 23, par. 2217
7	7	Amends the Child Care Act of 1969. Provides that a qualified child care director must be present at the open or close of the facility. Provides that a qualified early childhood teacher who has been employed by the facility continuously for at least 24 months may otherwise be present for the first or last hour of the workday. Provides that a child care facility licensed under the Act may allow programs to staff classrooms with early childhood assistant qualified staff for up to 3 hours of the program day if it is documented in the facility's written staffing plan. Provides that an early childhood teacher must meet one of the following qualifications: (1) complete 60 semester hours from an accredited college or university with either 6 semester hours in early childhood education or complete the Gateways Early Childhood Education Credential Level 1 training; (2) complete 1,560 clock hours of child development experience and 30 semester hours from an accredited college or university with either 6 semester hours in early childhood education or Gateways Early Childhood Education Credential Level 1 training; (3) complete 2,080 clock hours of child development experience as a teacher assistant in a day care center, complete the Gateways Early Childhood Education Credential Level 1 training, and provide proof of enrollment from an accredited college or university until 30 semester hours are attained or proof of enrollment in an early childhood teacher credentialing program, either of which must be completed in no more than 5 years from the date of initial enrollment; or (4) complete a credentialing program approved by the Department of Children and Family Services in accordance with administrative rule. Makes a corresponding change.
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13	13	1 AN ACT concerning regulation.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Child Care Act of 1969 is amended by
17	17	5 changing Sections 3 and 7 and by adding Section 6.5 as follows:
18	18	6 (225 ILCS 10/3) (from Ch. 23, par. 2213)
19	19	7 Sec. 3. (a) No person, group of persons or corporation may
20	20	8 operate or conduct any facility for child care, as defined in
21	21	9 this Act, without a license or permit issued by the Department
22	22	10 or without being approved by the Department as meeting the
23	23	11 standards established for such licensing, with the exception
24	24	12 of facilities for whom standards are established by the
25	25	13 Department of Corrections under Section 3-15-2 of the Unified
26	26	14 Code of Corrections and with the exception of facilities
27	27	15 defined in Section 2.10 of this Act, and with the exception of
28	28	16 programs or facilities licensed by the Department of Human
29	29	17 Services under the Substance Use Disorder Act.
30	30	18 (b) No part day child care facility as described in
31	31	19 Section 2.10 may operate without written notification to the
32	32	20 Department or without complying with Section 7.1. Notification
33	33	21 shall include a notarized statement by the facility that the
34	34	22 facility complies with State state or local health standards
35	35	23 and State state fire safety standards, and shall be filed with
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3676 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
40	40	225 ILCS 10/3 from Ch. 23, par. 2213 225 ILCS 10/6.5 new 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/3 from Ch. 23, par. 2213 225 ILCS 10/6.5 new 225 ILCS 10/7 from Ch. 23, par. 2217
41	41	225 ILCS 10/3 from Ch. 23, par. 2213
42	42	225 ILCS 10/6.5 new
43	43	225 ILCS 10/7 from Ch. 23, par. 2217
44	44	Amends the Child Care Act of 1969. Provides that a qualified child care director must be present at the open or close of the facility. Provides that a qualified early childhood teacher who has been employed by the facility continuously for at least 24 months may otherwise be present for the first or last hour of the workday. Provides that a child care facility licensed under the Act may allow programs to staff classrooms with early childhood assistant qualified staff for up to 3 hours of the program day if it is documented in the facility's written staffing plan. Provides that an early childhood teacher must meet one of the following qualifications: (1) complete 60 semester hours from an accredited college or university with either 6 semester hours in early childhood education or complete the Gateways Early Childhood Education Credential Level 1 training; (2) complete 1,560 clock hours of child development experience and 30 semester hours from an accredited college or university with either 6 semester hours in early childhood education or Gateways Early Childhood Education Credential Level 1 training; (3) complete 2,080 clock hours of child development experience as a teacher assistant in a day care center, complete the Gateways Early Childhood Education Credential Level 1 training, and provide proof of enrollment from an accredited college or university until 30 semester hours are attained or proof of enrollment in an early childhood teacher credentialing program, either of which must be completed in no more than 5 years from the date of initial enrollment; or (4) complete a credentialing program approved by the Department of Children and Family Services in accordance with administrative rule. Makes a corresponding change.
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47	47	A BILL FOR
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53	53	225 ILCS 10/3 from Ch. 23, par. 2213
54	54	225 ILCS 10/6.5 new
55	55	225 ILCS 10/7 from Ch. 23, par. 2217
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74	74	1 the department every 2 years.
75	75	2 (c) The Director of the Department shall establish
76	76	3 policies and coordinate activities relating to child care
77	77	4 licensing, licensing of day care homes, and day care centers.
78	78	5 (d) Any facility or agency which is exempt from licensing
79	79	6 may apply for licensing if licensing is required for some
80	80	7 government benefit.
81	81	8 (e) A provider of day care described in items (a) through
82	82	9 (j) of Section 2.09 of this Act is exempt from licensure. The
83	83	10 Department shall provide written verification of exemption and
84	84	11 description of compliance with standards for the health,
85	85	12 safety, and development of the children who receive the
86	86	13 services upon submission by the provider of, in addition to
87	87	14 any other documentation required by the Department, a
88	88	15 notarized statement that the facility complies with: (1) the
89	89	16 standards of the Department of Public Health or local health
90	90	17 department, (2) the fire safety standards of the State Fire
91	91	18 Marshal, and (3) if operated in a public school building, the
92	92	19 health and safety standards of the State Board of Education.
93	93	20 (f) A qualified child care director, as defined in 89 Ill.
94	94	21 Adm. Code 407.130, must be present at the open or close of the
95	95	22 facility. A qualified early childhood teacher, as defined in
96	96	23 89 Ill. Adm. Code 407.140, who has been employed by the
97	97	24 facility continuously for at least 24 months may otherwise be
98	98	25 present for the first or last hour of the workday.
99	99	26 (g) A child care facility licensed under this Act may
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110	110	1 allow programs to staff classrooms with early childhood
111	111	2 assistant qualified staff for up to 3 hours of the program day
112	112	3 if it is documented in the facility's written staffing plan.
113	113	4 (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
114	114	5 (225 ILCS 10/6.5 new)
115	115	6 Sec. 6.5. Qualifications for early childhood teachers. An
116	116	7 early childhood teacher must meet one of the following
117	117	8 qualifications:
118	118	9 (1) complete 60 semester hours from an accredited
119	119	10 college or university with either 6 semester hours in
120	120	11 early childhood education or complete the Gateways Early
121	121	12 Childhood Education Credential Level 1 training;
122	122	13 (2) complete 1,560 clock hours of child development
123	123	14 experience and 30 semester hours from an accredited
124	124	15 college or university with either 6 semester hours in
125	125	16 early childhood education or Gateways Early Childhood
126	126	17 Education Credential Level 1 training;
127	127	18 (3) complete 2,080 clock hours of child development
128	128	19 experience as a teacher assistant in a day care center,
129	129	20 complete the Gateways Early Childhood Education Credential
130	130	21 Level 1 training, and provide proof of enrollment from an
131	131	22 accredited college or university until 30 semester hours
132	132	23 are attained or proof of enrollment in an early childhood
133	133	24 teacher credentialing program, either of which must be
134	134	25 completed in no more than 5 years from the date of initial
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145	145	1 enrollment; or
146	146	2 (4) complete a credentialing program approved by the
147	147	3 Department in accordance with 89 Ill. Adm. Code 407
148	148	4 Appendix G.
149	149	5 (225 ILCS 10/7) (from Ch. 23, par. 2217)
150	150	6 Sec. 7. (a) The Department must prescribe and publish
151	151	7 minimum standards for licensing that apply to the various
152	152	8 types of facilities for child care defined in this Act and that
153	153	9 are equally applicable to like institutions under the control
154	154	10 of the Department and to foster family homes used by and under
155	155	11 the direct supervision of the Department. The Department shall
156	156	12 seek the advice and assistance of persons representative of
157	157	13 the various types of child care facilities in establishing
158	158	14 such standards. The standards prescribed and published under
159	159	15 this Act take effect as provided in the Illinois
160	160	16 Administrative Procedure Act, and are restricted to
161	161	17 regulations pertaining to the following matters and to any
162	162	18 rules and regulations required or permitted by any other
163	163	19 Section of this Act:
164	164	20 (1) The operation and conduct of the facility and
165	165	21 responsibility it assumes for child care;
166	166	22 (2) In accordance with Section 6.5, the The character,
167	167	23 suitability and qualifications of the applicant and other
168	168	24 persons directly responsible for the care and welfare of
169	169	25 children served. All child day care center licensees and
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180	180	1 employees who are required to report child abuse or
181	181	2 neglect under the Abused and Neglected Child Reporting Act
182	182	3 shall be required to attend training on recognizing child
183	183	4 abuse and neglect, as prescribed by Department rules;
184	184	5 (3) The general financial ability and competence of
185	185	6 the applicant to provide necessary care for children and
186	186	7 to maintain prescribed standards;
187	187	8 (4) The number of individuals or staff required to
188	188	9 insure adequate supervision and care of the children
189	189	10 received. The standards shall provide that each child care
190	190	11 institution, maternity center, day care center, group
191	191	12 home, day care home, and group day care home shall have on
192	192	13 its premises during its hours of operation at least one
193	193	14 staff member certified in first aid, in the Heimlich
194	194	15 maneuver, and in cardiopulmonary resuscitation by the
195	195	16 American Red Cross or other organization approved by rule
196	196	17 of the Department. Child welfare agencies shall not be
197	197	18 subject to such a staffing requirement. The Department may
198	198	19 offer, or arrange for the offering, on a periodic basis in
199	199	20 each community in this State in cooperation with the
200	200	21 American Red Cross, the American Heart Association, or
201	201	22 other appropriate organization, voluntary programs to
202	202	23 train operators of foster family homes and day care homes
203	203	24 in first aid and cardiopulmonary resuscitation;
204	204	25 (5) The appropriateness, safety, cleanliness, and
205	205	26 general adequacy of the premises, including maintenance of
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216	216	1 adequate fire prevention and health standards conforming
217	217	2 to State laws and municipal codes to provide for the
218	218	3 physical comfort, care, and well-being of children
219	219	4 received;
220	220	5 (6) Provisions for food, clothing, educational
221	221	6 opportunities, program, equipment, and individual supplies
222	222	7 to assure the healthy physical, mental, and spiritual
223	223	8 development of children served;
224	224	9 (7) Provisions to safeguard the legal rights of
225	225	10 children served;
226	226	11 (8) Maintenance of records pertaining to the
227	227	12 admission, progress, health, and discharge of children,
228	228	13 including, for day care centers and day care homes,
229	229	14 records indicating each child has been immunized as
230	230	15 required by State regulations. The Department shall
231	231	16 require proof that children enrolled in a facility have
232	232	17 been immunized against Haemophilus Influenzae B (HIB);
233	233	18 (9) Filing of reports with the Department;
234	234	19 (10) Discipline of children;
235	235	20 (11) Protection and fostering of the particular
236	236	21 religious faith of the children served;
237	237	22 (12) Provisions prohibiting firearms on day care
238	238	23 center premises except in the possession of peace
239	239	24 officers;
240	240	25 (13) Provisions prohibiting handguns on day care home
241	241	26 premises except in the possession of peace officers or
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252	252	1 other adults who must possess a handgun as a condition of
253	253	2 employment and who reside on the premises of a day care
254	254	3 home;
255	255	4 (14) Provisions requiring that any firearm permitted
256	256	5 on day care home premises, except handguns in the
257	257	6 possession of peace officers, shall be kept in a
258	258	7 disassembled state, without ammunition, in locked storage,
259	259	8 inaccessible to children and that ammunition permitted on
260	260	9 day care home premises shall be kept in locked storage
261	261	10 separate from that of disassembled firearms, inaccessible
262	262	11 to children;
263	263	12 (15) Provisions requiring notification of parents or
264	264	13 guardians enrolling children at a day care home of the
265	265	14 presence in the day care home of any firearms and
266	266	15 ammunition and of the arrangements for the separate,
267	267	16 locked storage of such firearms and ammunition;
268	268	17 (16) Provisions requiring all licensed child care
269	269	18 facility employees who care for newborns and infants to
270	270	19 complete training every 3 years on the nature of sudden
271	271	20 unexpected infant death (SUID), sudden infant death
272	272	21 syndrome (SIDS), and the safe sleep recommendations of the
273	273	22 American Academy of Pediatrics; and
274	274	23 (17) With respect to foster family homes, provisions
275	275	24 requiring the Department to review quality of care
276	276	25 concerns and to consider those concerns in determining
277	277	26 whether a foster family home is qualified to care for
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288	288	1 children.
289	289	2 By July 1, 2022, all licensed day care home providers,
290	290	3 licensed group day care home providers, and licensed day care
291	291	4 center directors and classroom staff shall participate in at
292	292	5 least one training that includes the topics of early childhood
293	293	6 social emotional learning, infant and early childhood mental
294	294	7 health, early childhood trauma, or adverse childhood
295	295	8 experiences. Current licensed providers, directors, and
296	296	9 classroom staff shall complete training by July 1, 2022 and
297	297	10 shall participate in training that includes the above topics
298	298	11 at least once every 3 years.
299	299	12 (b) If, in a facility for general child care, there are
300	300	13 children diagnosed as mentally ill or children diagnosed as
301	301	14 having an intellectual or physical disability, who are
302	302	15 determined to be in need of special mental treatment or of
303	303	16 nursing care, or both mental treatment and nursing care, the
304	304	17 Department shall seek the advice and recommendation of the
305	305	18 Department of Human Services, the Department of Public Health,
306	306	19 or both Departments regarding the residential treatment and
307	307	20 nursing care provided by the institution.
308	308	21 (c) The Department shall investigate any person applying
309	309	22 to be licensed as a foster parent to determine whether there is
310	310	23 any evidence of current drug or alcohol abuse in the
311	311	24 prospective foster family. The Department shall not license a
312	312	25 person as a foster parent if drug or alcohol abuse has been
313	313	26 identified in the foster family or if a reasonable suspicion
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324	324	1 of such abuse exists, except that the Department may grant a
325	325	2 foster parent license to an applicant identified with an
326	326	3 alcohol or drug problem if the applicant has successfully
327	327	4 participated in an alcohol or drug treatment program,
328	328	5 self-help group, or other suitable activities and if the
329	329	6 Department determines that the foster family home can provide
330	330	7 a safe, appropriate environment and meet the physical and
331	331	8 emotional needs of children.
332	332	9 (d) The Department, in applying standards prescribed and
333	333	10 published, as herein provided, shall offer consultation
334	334	11 through employed staff or other qualified persons to assist
335	335	12 applicants and licensees in meeting and maintaining minimum
336	336	13 requirements for a license and to help them otherwise to
337	337	14 achieve programs of excellence related to the care of children
338	338	15 served. Such consultation shall include providing information
339	339	16 concerning education and training in early childhood
340	340	17 development to providers of day care home services. The
341	341	18 Department may provide or arrange for such education and
342	342	19 training for those providers who request such assistance.
343	343	20 (e) The Department shall distribute copies of licensing
344	344	21 standards to all licensees and applicants for a license. Each
345	345	22 licensee or holder of a permit shall distribute copies of the
346	346	23 appropriate licensing standards and any other information
347	347	24 required by the Department to child care facilities under its
348	348	25 supervision. Each licensee or holder of a permit shall
349	349	26 maintain appropriate documentation of the distribution of the
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360	360	1 standards. Such documentation shall be part of the records of
361	361	2 the facility and subject to inspection by authorized
362	362	3 representatives of the Department.
363	363	4 (f) The Department shall prepare summaries of day care
364	364	5 licensing standards. Each licensee or holder of a permit for a
365	365	6 day care facility shall distribute a copy of the appropriate
366	366	7 summary and any other information required by the Department,
367	367	8 to the legal guardian of each child cared for in that facility
368	368	9 at the time when the child is enrolled or initially placed in
369	369	10 the facility. The licensee or holder of a permit for a day care
370	370	11 facility shall secure appropriate documentation of the
371	371	12 distribution of the summary and brochure. Such documentation
372	372	13 shall be a part of the records of the facility and subject to
373	373	14 inspection by an authorized representative of the Department.
374	374	15 (g) The Department shall distribute to each licensee and
375	375	16 holder of a permit copies of the licensing or permit standards
376	376	17 applicable to such person's facility. Each licensee or holder
377	377	18 of a permit shall make available by posting at all times in a
378	378	19 common or otherwise accessible area a complete and current set
379	379	20 of licensing standards in order that all employees of the
380	380	21 facility may have unrestricted access to such standards. All
381	381	22 employees of the facility shall have reviewed the standards
382	382	23 and any subsequent changes. Each licensee or holder of a
383	383	24 permit shall maintain appropriate documentation of the current
384	384	25 review of licensing standards by all employees. Such records
385	385	26 shall be part of the records of the facility and subject to
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396	396	1 inspection by authorized representatives of the Department.
397	397	2 (h) Any standards involving physical examinations,
398	398	3 immunization, or medical treatment shall include appropriate
399	399	4 exemptions for children whose parents object thereto on the
400	400	5 grounds that they conflict with the tenets and practices of a
401	401	6 recognized church or religious organization, of which the
402	402	7 parent is an adherent or member, and for children who should
403	403	8 not be subjected to immunization for clinical reasons.
404	404	9 (i) The Department, in cooperation with the Department of
405	405	10 Public Health, shall work to increase immunization awareness
406	406	11 and participation among parents of children enrolled in day
407	407	12 care centers and day care homes by publishing on the
408	408	13 Department's website information about the benefits of
409	409	14 immunization against vaccine preventable diseases, including
410	410	15 influenza and pertussis. The information for vaccine
411	411	16 preventable diseases shall include the incidence and severity
412	412	17 of the diseases, the availability of vaccines, and the
413	413	18 importance of immunizing children and persons who frequently
414	414	19 have close contact with children. The website content shall be
415	415	20 reviewed annually in collaboration with the Department of
416	416	21 Public Health to reflect the most current recommendations of
417	417	22 the Advisory Committee on Immunization Practices (ACIP). The
418	418	23 Department shall work with day care centers and day care homes
419	419	24 licensed under this Act to ensure that the information is
420	420	25 annually distributed to parents in August or September.
421	421	26 (j) Any standard adopted by the Department that requires
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432	432	1 an applicant for a license to operate a day care home to
433	433	2 include a copy of a high school diploma or equivalent
434	434	3 certificate with his or her application shall be deemed to be
435	435	4 satisfied if the applicant includes a copy of a high school
436	436	5 diploma or equivalent certificate or a copy of a degree from an
437	437	6 accredited institution of higher education or vocational
438	438	7 institution or equivalent certificate.
439	439	8 (Source: P.A. 102-4, eff. 4-27-21.)
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