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
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
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.
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A BILL FOR
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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 Sections 3 and 7 and by adding Section 6.5 as follows:
6 (225 ILCS 10/3) (from Ch. 23, par. 2213)
7 Sec. 3. (a) No person, group of persons or corporation may
8 operate or conduct any facility for child care, as defined in
9 this Act, without a license or permit issued by the Department
10 or without being approved by the Department as meeting the
11 standards established for such licensing, with the exception
12 of facilities for whom standards are established by the
13 Department of Corrections under Section 3-15-2 of the Unified
14 Code of Corrections and with the exception of facilities
15 defined in Section 2.10 of this Act, and with the exception of
16 programs or facilities licensed by the Department of Human
17 Services under the Substance Use Disorder Act.
18 (b) No part day child care facility as described in
19 Section 2.10 may operate without written notification to the
20 Department or without complying with Section 7.1. Notification
21 shall include a notarized statement by the facility that the
22 facility complies with State state or local health standards
23 and State state fire safety standards, and shall be filed with
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
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.
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A BILL FOR
225 ILCS 10/3 from Ch. 23, par. 2213
225 ILCS 10/6.5 new
225 ILCS 10/7 from Ch. 23, par. 2217
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1 the department every 2 years.
2 (c) The Director of the Department shall establish
3 policies and coordinate activities relating to child care
4 licensing, licensing of day care homes, and day care centers.
5 (d) Any facility or agency which is exempt from licensing
6 may apply for licensing if licensing is required for some
7 government benefit.
8 (e) A provider of day care described in items (a) through
9 (j) of Section 2.09 of this Act is exempt from licensure. The
10 Department shall provide written verification of exemption and
11 description of compliance with standards for the health,
12 safety, and development of the children who receive the
13 services upon submission by the provider of, in addition to
14 any other documentation required by the Department, a
15 notarized statement that the facility complies with: (1) the
16 standards of the Department of Public Health or local health
17 department, (2) the fire safety standards of the State Fire
18 Marshal, and (3) if operated in a public school building, the
19 health and safety standards of the State Board of Education.
20 (f) A qualified child care director, as defined in 89 Ill.
21 Adm. Code 407.130, must be present at the open or close of the
22 facility. A qualified early childhood teacher, as defined in
23 89 Ill. Adm. Code 407.140, who has been employed by the
24 facility continuously for at least 24 months may otherwise be
25 present for the first or last hour of the workday.
26 (g) A child care facility licensed under this Act may
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1 allow programs to staff classrooms with early childhood
2 assistant qualified staff for up to 3 hours of the program day
3 if it is documented in the facility's written staffing plan.
4 (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
5 (225 ILCS 10/6.5 new)
6 Sec. 6.5. Qualifications for early childhood teachers. An
7 early childhood teacher must meet one of the following
8 qualifications:
9 (1) complete 60 semester hours from an accredited
10 college or university with either 6 semester hours in
11 early childhood education or complete the Gateways Early
12 Childhood Education Credential Level 1 training;
13 (2) complete 1,560 clock hours of child development
14 experience and 30 semester hours from an accredited
15 college or university with either 6 semester hours in
16 early childhood education or Gateways Early Childhood
17 Education Credential Level 1 training;
18 (3) complete 2,080 clock hours of child development
19 experience as a teacher assistant in a day care center,
20 complete the Gateways Early Childhood Education Credential
21 Level 1 training, and provide proof of enrollment from an
22 accredited college or university until 30 semester hours
23 are attained or proof of enrollment in an early childhood
24 teacher credentialing program, either of which must be
25 completed in no more than 5 years from the date of initial
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1 enrollment; or
2 (4) complete a credentialing program approved by the
3 Department in accordance with 89 Ill. Adm. Code 407
4 Appendix G.
5 (225 ILCS 10/7) (from Ch. 23, par. 2217)
6 Sec. 7. (a) The Department must prescribe and publish
7 minimum standards for licensing that apply to the various
8 types of facilities for child care defined in this Act and that
9 are equally applicable to like institutions under the control
10 of the Department and to foster family homes used by and under
11 the direct supervision of the Department. The Department shall
12 seek the advice and assistance of persons representative of
13 the various types of child care facilities in establishing
14 such standards. The standards prescribed and published under
15 this Act take effect as provided in the Illinois
16 Administrative Procedure Act, and are restricted to
17 regulations pertaining to the following matters and to any
18 rules and regulations required or permitted by any other
19 Section of this Act:
20 (1) The operation and conduct of the facility and
21 responsibility it assumes for child care;
22 (2) In accordance with Section 6.5, the The character,
23 suitability and qualifications of the applicant and other
24 persons directly responsible for the care and welfare of
25 children served. All child day care center licensees and
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1 employees who are required to report child abuse or
2 neglect under the Abused and Neglected Child Reporting Act
3 shall be required to attend training on recognizing child
4 abuse and neglect, as prescribed by Department rules;
5 (3) The general financial ability and competence of
6 the applicant to provide necessary care for children and
7 to maintain prescribed standards;
8 (4) The number of individuals or staff required to
9 insure adequate supervision and care of the children
10 received. The standards shall provide that each child care
11 institution, maternity center, day care center, group
12 home, day care home, and group day care home shall have on
13 its premises during its hours of operation at least one
14 staff member certified in first aid, in the Heimlich
15 maneuver, and in cardiopulmonary resuscitation by the
16 American Red Cross or other organization approved by rule
17 of the Department. Child welfare agencies shall not be
18 subject to such a staffing requirement. The Department may
19 offer, or arrange for the offering, on a periodic basis in
20 each community in this State in cooperation with the
21 American Red Cross, the American Heart Association, or
22 other appropriate organization, voluntary programs to
23 train operators of foster family homes and day care homes
24 in first aid and cardiopulmonary resuscitation;
25 (5) The appropriateness, safety, cleanliness, and
26 general adequacy of the premises, including maintenance of
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1 adequate fire prevention and health standards conforming
2 to State laws and municipal codes to provide for the
3 physical comfort, care, and well-being of children
4 received;
5 (6) Provisions for food, clothing, educational
6 opportunities, program, equipment, and individual supplies
7 to assure the healthy physical, mental, and spiritual
8 development of children served;
9 (7) Provisions to safeguard the legal rights of
10 children served;
11 (8) Maintenance of records pertaining to the
12 admission, progress, health, and discharge of children,
13 including, for day care centers and day care homes,
14 records indicating each child has been immunized as
15 required by State regulations. The Department shall
16 require proof that children enrolled in a facility have
17 been immunized against Haemophilus Influenzae B (HIB);
18 (9) Filing of reports with the Department;
19 (10) Discipline of children;
20 (11) Protection and fostering of the particular
21 religious faith of the children served;
22 (12) Provisions prohibiting firearms on day care
23 center premises except in the possession of peace
24 officers;
25 (13) Provisions prohibiting handguns on day care home
26 premises except in the possession of peace officers or
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1 other adults who must possess a handgun as a condition of
2 employment and who reside on the premises of a day care
3 home;
4 (14) Provisions requiring that any firearm permitted
5 on day care home premises, except handguns in the
6 possession of peace officers, shall be kept in a
7 disassembled state, without ammunition, in locked storage,
8 inaccessible to children and that ammunition permitted on
9 day care home premises shall be kept in locked storage
10 separate from that of disassembled firearms, inaccessible
11 to children;
12 (15) Provisions requiring notification of parents or
13 guardians enrolling children at a day care home of the
14 presence in the day care home of any firearms and
15 ammunition and of the arrangements for the separate,
16 locked storage of such firearms and ammunition;
17 (16) Provisions requiring all licensed child care
18 facility employees who care for newborns and infants to
19 complete training every 3 years on the nature of sudden
20 unexpected infant death (SUID), sudden infant death
21 syndrome (SIDS), and the safe sleep recommendations of the
22 American Academy of Pediatrics; and
23 (17) With respect to foster family homes, provisions
24 requiring the Department to review quality of care
25 concerns and to consider those concerns in determining
26 whether a foster family home is qualified to care for
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1 children.
2 By July 1, 2022, all licensed day care home providers,
3 licensed group day care home providers, and licensed day care
4 center directors and classroom staff shall participate in at
5 least one training that includes the topics of early childhood
6 social emotional learning, infant and early childhood mental
7 health, early childhood trauma, or adverse childhood
8 experiences. Current licensed providers, directors, and
9 classroom staff shall complete training by July 1, 2022 and
10 shall participate in training that includes the above topics
11 at least once every 3 years.
12 (b) If, in a facility for general child care, there are
13 children diagnosed as mentally ill or children diagnosed as
14 having an intellectual or physical disability, who are
15 determined to be in need of special mental treatment or of
16 nursing care, or both mental treatment and nursing care, the
17 Department shall seek the advice and recommendation of the
18 Department of Human Services, the Department of Public Health,
19 or both Departments regarding the residential treatment and
20 nursing care provided by the institution.
21 (c) The Department shall investigate any person applying
22 to be licensed as a foster parent to determine whether there is
23 any evidence of current drug or alcohol abuse in the
24 prospective foster family. The Department shall not license a
25 person as a foster parent if drug or alcohol abuse has been
26 identified in the foster family or if a reasonable suspicion
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1 of such abuse exists, except that the Department may grant a
2 foster parent license to an applicant identified with an
3 alcohol or drug problem if the applicant has successfully
4 participated in an alcohol or drug treatment program,
5 self-help group, or other suitable activities and if the
6 Department determines that the foster family home can provide
7 a safe, appropriate environment and meet the physical and
8 emotional needs of children.
9 (d) The Department, in applying standards prescribed and
10 published, as herein provided, shall offer consultation
11 through employed staff or other qualified persons to assist
12 applicants and licensees in meeting and maintaining minimum
13 requirements for a license and to help them otherwise to
14 achieve programs of excellence related to the care of children
15 served. Such consultation shall include providing information
16 concerning education and training in early childhood
17 development to providers of day care home services. The
18 Department may provide or arrange for such education and
19 training for those providers who request such assistance.
20 (e) The Department shall distribute copies of licensing
21 standards to all licensees and applicants for a license. Each
22 licensee or holder of a permit shall distribute copies of the
23 appropriate licensing standards and any other information
24 required by the Department to child care facilities under its
25 supervision. Each licensee or holder of a permit shall
26 maintain appropriate documentation of the distribution of the
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1 standards. Such documentation shall be part of the records of
2 the facility and subject to inspection by authorized
3 representatives of the Department.
4 (f) The Department shall prepare summaries of day care
5 licensing standards. Each licensee or holder of a permit for a
6 day care facility shall distribute a copy of the appropriate
7 summary and any other information required by the Department,
8 to the legal guardian of each child cared for in that facility
9 at the time when the child is enrolled or initially placed in
10 the facility. The licensee or holder of a permit for a day care
11 facility shall secure appropriate documentation of the
12 distribution of the summary and brochure. Such documentation
13 shall be a part of the records of the facility and subject to
14 inspection by an authorized representative of the Department.
15 (g) The Department shall distribute to each licensee and
16 holder of a permit copies of the licensing or permit standards
17 applicable to such person's facility. Each licensee or holder
18 of a permit shall make available by posting at all times in a
19 common or otherwise accessible area a complete and current set
20 of licensing standards in order that all employees of the
21 facility may have unrestricted access to such standards. All
22 employees of the facility shall have reviewed the standards
23 and any subsequent changes. Each licensee or holder of a
24 permit shall maintain appropriate documentation of the current
25 review of licensing standards by all employees. Such records
26 shall be part of the records of the facility and subject to
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1 inspection by authorized representatives of the Department.
2 (h) Any standards involving physical examinations,
3 immunization, or medical treatment shall include appropriate
4 exemptions for children whose parents object thereto on the
5 grounds that they conflict with the tenets and practices of a
6 recognized church or religious organization, of which the
7 parent is an adherent or member, and for children who should
8 not be subjected to immunization for clinical reasons.
9 (i) The Department, in cooperation with the Department of
10 Public Health, shall work to increase immunization awareness
11 and participation among parents of children enrolled in day
12 care centers and day care homes by publishing on the
13 Department's website information about the benefits of
14 immunization against vaccine preventable diseases, including
15 influenza and pertussis. The information for vaccine
16 preventable diseases shall include the incidence and severity
17 of the diseases, the availability of vaccines, and the
18 importance of immunizing children and persons who frequently
19 have close contact with children. The website content shall be
20 reviewed annually in collaboration with the Department of
21 Public Health to reflect the most current recommendations of
22 the Advisory Committee on Immunization Practices (ACIP). The
23 Department shall work with day care centers and day care homes
24 licensed under this Act to ensure that the information is
25 annually distributed to parents in August or September.
26 (j) Any standard adopted by the Department that requires
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1 an applicant for a license to operate a day care home to
2 include a copy of a high school diploma or equivalent
3 certificate with his or her application shall be deemed to be
4 satisfied if the applicant includes a copy of a high school
5 diploma or equivalent certificate or a copy of a degree from an
6 accredited institution of higher education or vocational
7 institution or equivalent certificate.
8 (Source: P.A. 102-4, eff. 4-27-21.)
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