Illinois 2023-2024 Regular Session

Illinois House Bill HB3936 Compare Versions

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

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1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3936 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 10/4.3 from Ch. 23, par. 2214.3 225 ILCS 10/4.3 from Ch. 23, par. 2214.3
4	4	225 ILCS 10/4.3 from Ch. 23, par. 2214.3
5	5	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).
6	6	LRB103 30214 KTG 56642 b LRB103 30214 KTG 56642 b
7	7	LRB103 30214 KTG 56642 b
8	8	A BILL FOR
9	9	HB3936LRB103 30214 KTG 56642 b HB3936 LRB103 30214 KTG 56642 b
10	10	HB3936 LRB103 30214 KTG 56642 b
11	11	1 AN ACT concerning regulations.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Child Care Act of 1969 is amended by
15	15	5 changing Section 4.3 as follows:
16	16	6 (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
17	17	7 Sec. 4.3. Child Abuse and Neglect Reports. All child care
18	18	8 facility license applicants and all current and prospective
19	19	9 employees of a child care facility who have any possible
20	20	10 contact with children in the course of their duties, as a
21	21	11 condition of such licensure or employment, shall authorize in
22	22	12 writing on a form prescribed by the Department an
23	23	13 investigation of the Central Register, as defined in the
24	24	14 Abused and Neglected Child Reporting Act, to ascertain if such
25	25	15 applicant or employee (i) has been the subject of a child abuse
26	26	16 or neglect investigation (without regard to whether the
27	27	17 Department determined the report of child abuse or neglect to
28	28	18 be indicated or unfounded) or (ii) has been determined to be a
29	29	19 perpetrator in an indicated report of child abuse or neglect.
30	30	20 All child care facilities as a condition of licensure
31	31	21 pursuant to this Act shall maintain such information which
32	32	22 demonstrates that all current employees and other applicants
33	33	23 for employment who have any possible contact with children in
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3936 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
38	38	225 ILCS 10/4.3 from Ch. 23, par. 2214.3 225 ILCS 10/4.3 from Ch. 23, par. 2214.3
39	39	225 ILCS 10/4.3 from Ch. 23, par. 2214.3
40	40	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).
41	41	LRB103 30214 KTG 56642 b LRB103 30214 KTG 56642 b
42	42	LRB103 30214 KTG 56642 b
43	43	A BILL FOR
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49	49	225 ILCS 10/4.3 from Ch. 23, par. 2214.3
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68	68	1 the course of their duties have authorized an investigation of
69	69	2 the Central Register as hereinabove required. Only those
70	70	3 current or prospective employees who will have no possible
71	71	4 contact with children as part of their present or prospective
72	72	5 employment may be excluded from provisions requiring
73	73	6 authorization of an investigation.
74	74	7 Such information concerning a license applicant, employee
75	75	8 or prospective employee obtained by the Department shall be
76	76	9 confidential and exempt from public inspection and copying as
77	77	10 provided under Section 7 of The Freedom of Information Act,
78	78	11 and such information shall not be transmitted outside the
79	79	12 Department, except as provided in the Abused and Neglected
80	80	13 Child Reporting Act, and shall not be transmitted to anyone
81	81	14 within the Department except as provided in the Abused and
82	82	15 Neglected Child Reporting Act, and shall not be transmitted to
83	83	16 anyone within the Department except as needed for the purposes
84	84	17 of evaluation of an application for licensure or for
85	85	18 consideration by a child care facility of an employee. Any
86	86	19 employee of the Department of Children and Family Services
87	87	20 under this Section who gives or causes to be given any
88	88	21 confidential information concerning any child abuse or neglect
89	89	22 reports about a child care facility applicant, child care
90	90	23 facility employee, shall be guilty of a Class A misdemeanor,
91	91	24 unless release of such information is authorized by Section
92	92	25 11.1 of the Abused and Neglected Child Reporting Act.
93	93	26 Additionally, any licensee who is informed by the
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104	104	1 Department of Children and Family Services, pursuant to
105	105	2 Section 7.4 of the Abused and Neglected Child Reporting Act,
106	106	3 approved June 26, 1975, as amended, that a formal
107	107	4 investigation has commenced relating to an employee of the
108	108	5 child care facility or any other person in frequent contact
109	109	6 with children at the facility, shall take reasonable action
110	110	7 necessary to insure that the employee or other person is
111	111	8 restricted during the pendency of the investigation from
112	112	9 contact with children whose care has been entrusted to the
113	113	10 facility.
114	114	11 When a foster family home is the subject of an indicated
115	115	12 report under the Abused and Neglected Child Reporting Act, the
116	116	13 Department of Children and Family Services must immediately
117	117	14 conduct a re-examination of the foster family home to evaluate
118	118	15 whether it continues to meet the minimum standards for
119	119	16 licensure. The re-examination is separate and apart from the
120	120	17 formal investigation of the report. The Department must
121	121	18 establish a schedule for re-examination of the foster family
122	122	19 home mentioned in the report at least once a year.
123	123	20 (Source: P.A. 91-557, eff. 1-1-00.)
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129	129	HB3936 - 3 - LRB103 30214 KTG 56642 b