103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3936 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 Amends the Child Care Act of 1969. Requires child care facility license applicants and current and prospective employees of a child care facility who might have contact with children to authorize an investigation of the Central Register to ascertain if they have been the subject of a child abuse or neglect investigation (without regard to whether the Department of Children and Family Services determined the report of child abuse or neglect to be indicated or unfounded). LRB103 30214 KTG 56642 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3936 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 Amends the Child Care Act of 1969. Requires child care facility license applicants and current and prospective employees of a child care facility who might have contact with children to authorize an investigation of the Central Register to ascertain if they have been the subject of a child abuse or neglect investigation (without regard to whether the Department of Children and Family Services determined the report of child abuse or neglect to be indicated or unfounded). LRB103 30214 KTG 56642 b LRB103 30214 KTG 56642 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3936 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 Amends the Child Care Act of 1969. Requires child care facility license applicants and current and prospective employees of a child care facility who might have contact with children to authorize an investigation of the Central Register to ascertain if they have been the subject of a child abuse or neglect investigation (without regard to whether the Department of Children and Family Services determined the report of child abuse or neglect to be indicated or unfounded). LRB103 30214 KTG 56642 b LRB103 30214 KTG 56642 b LRB103 30214 KTG 56642 b A BILL FOR HB3936LRB103 30214 KTG 56642 b HB3936 LRB103 30214 KTG 56642 b HB3936 LRB103 30214 KTG 56642 b 1 AN ACT concerning regulations. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Child Care Act of 1969 is amended by 5 changing Section 4.3 as follows: 6 (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3) 7 Sec. 4.3. Child Abuse and Neglect Reports. All child care 8 facility license applicants and all current and prospective 9 employees of a child care facility who have any possible 10 contact with children in the course of their duties, as a 11 condition of such licensure or employment, shall authorize in 12 writing on a form prescribed by the Department an 13 investigation of the Central Register, as defined in the 14 Abused and Neglected Child Reporting Act, to ascertain if such 15 applicant or employee (i) has been the subject of a child abuse 16 or neglect investigation (without regard to whether the 17 Department determined the report of child abuse or neglect to 18 be indicated or unfounded) or (ii) has been determined to be a 19 perpetrator in an indicated report of child abuse or neglect. 20 All child care facilities as a condition of licensure 21 pursuant to this Act shall maintain such information which 22 demonstrates that all current employees and other applicants 23 for employment who have any possible contact with children in 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3936 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 Amends the Child Care Act of 1969. Requires child care facility license applicants and current and prospective employees of a child care facility who might have contact with children to authorize an investigation of the Central Register to ascertain if they have been the subject of a child abuse or neglect investigation (without regard to whether the Department of Children and Family Services determined the report of child abuse or neglect to be indicated or unfounded). LRB103 30214 KTG 56642 b LRB103 30214 KTG 56642 b LRB103 30214 KTG 56642 b A BILL FOR 225 ILCS 10/4.3 from Ch. 23, par. 2214.3 LRB103 30214 KTG 56642 b HB3936 LRB103 30214 KTG 56642 b HB3936- 2 -LRB103 30214 KTG 56642 b HB3936 - 2 - LRB103 30214 KTG 56642 b HB3936 - 2 - LRB103 30214 KTG 56642 b 1 the course of their duties have authorized an investigation of 2 the Central Register as hereinabove required. Only those 3 current or prospective employees who will have no possible 4 contact with children as part of their present or prospective 5 employment may be excluded from provisions requiring 6 authorization of an investigation. 7 Such information concerning a license applicant, employee 8 or prospective employee obtained by the Department shall be 9 confidential and exempt from public inspection and copying as 10 provided under Section 7 of The Freedom of Information Act, 11 and such information shall not be transmitted outside the 12 Department, except as provided in the Abused and Neglected 13 Child Reporting Act, and shall not be transmitted to anyone 14 within the Department except as provided in the Abused and 15 Neglected Child Reporting Act, and shall not be transmitted to 16 anyone within the Department except as needed for the purposes 17 of evaluation of an application for licensure or for 18 consideration by a child care facility of an employee. Any 19 employee of the Department of Children and Family Services 20 under this Section who gives or causes to be given any 21 confidential information concerning any child abuse or neglect 22 reports about a child care facility applicant, child care 23 facility employee, shall be guilty of a Class A misdemeanor, 24 unless release of such information is authorized by Section 25 11.1 of the Abused and Neglected Child Reporting Act. 26 Additionally, any licensee who is informed by the HB3936 - 2 - LRB103 30214 KTG 56642 b HB3936- 3 -LRB103 30214 KTG 56642 b HB3936 - 3 - LRB103 30214 KTG 56642 b HB3936 - 3 - LRB103 30214 KTG 56642 b 1 Department of Children and Family Services, pursuant to 2 Section 7.4 of the Abused and Neglected Child Reporting Act, 3 approved June 26, 1975, as amended, that a formal 4 investigation has commenced relating to an employee of the 5 child care facility or any other person in frequent contact 6 with children at the facility, shall take reasonable action 7 necessary to insure that the employee or other person is 8 restricted during the pendency of the investigation from 9 contact with children whose care has been entrusted to the 10 facility. 11 When a foster family home is the subject of an indicated 12 report under the Abused and Neglected Child Reporting Act, the 13 Department of Children and Family Services must immediately 14 conduct a re-examination of the foster family home to evaluate 15 whether it continues to meet the minimum standards for 16 licensure. The re-examination is separate and apart from the 17 formal investigation of the report. The Department must 18 establish a schedule for re-examination of the foster family 19 home mentioned in the report at least once a year. 20 (Source: P.A. 91-557, eff. 1-1-00.) HB3936 - 3 - LRB103 30214 KTG 56642 b