Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB4412 Introduced / Bill

Filed 01/09/2024

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4412 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, provides that a child care facility may authorize the Department of Children and Family Services or a third-party vendor to complete the investigation. Provides that an applicant is determined to have completed the criminal background investigation when he or she has completed and submitted authorization for the performance of a criminal background investigation by either the Department or a third party contracted to perform the criminal background investigation. Makes conforming changes. LRB103 36073 SPS 66161 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4412 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:  225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, provides that a child care facility may authorize the Department of Children and Family Services or a third-party vendor to complete the investigation. Provides that an applicant is determined to have completed the criminal background investigation when he or she has completed and submitted authorization for the performance of a criminal background investigation by either the Department or a third party contracted to perform the criminal background investigation. Makes conforming changes.  LRB103 36073 SPS 66161 b     LRB103 36073 SPS 66161 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4412 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
225 ILCS 10/4.1 from Ch. 23, par. 2214.1
Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, provides that a child care facility may authorize the Department of Children and Family Services or a third-party vendor to complete the investigation. Provides that an applicant is determined to have completed the criminal background investigation when he or she has completed and submitted authorization for the performance of a criminal background investigation by either the Department or a third party contracted to perform the criminal background investigation. Makes conforming changes.
LRB103 36073 SPS 66161 b     LRB103 36073 SPS 66161 b
    LRB103 36073 SPS 66161 b
A BILL FOR
HB4412LRB103 36073 SPS 66161 b   HB4412  LRB103 36073 SPS 66161 b
  HB4412  LRB103 36073 SPS 66161 b
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 Section 4.1 as follows:
6  (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
7  Sec. 4.1. Criminal background investigations. The
8  Department shall require that each child care facility license
9  applicant as part of the application process, and each
10  employee and volunteer of a child care facility or
11  non-licensed service provider, as a condition of employment,
12  authorize an investigation to determine if such applicant,
13  employee, or volunteer has ever been charged with a crime and
14  if so, the disposition of those charges; this authorization
15  shall indicate the scope of the inquiry and the agencies which
16  may be contacted. A child care facility may authorize the
17  Department or a third-party vendor to complete the
18  investigation. If the Department conducts the investigation,
19  upon Upon this authorization, the Director shall request and
20  receive information and assistance from any federal, State or
21  local governmental agency as part of the authorized
22  investigation. Each applicant, employee, or volunteer of a
23  child care facility or non-licensed service provider shall

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4412 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
225 ILCS 10/4.1 from Ch. 23, par. 2214.1
Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, provides that a child care facility may authorize the Department of Children and Family Services or a third-party vendor to complete the investigation. Provides that an applicant is determined to have completed the criminal background investigation when he or she has completed and submitted authorization for the performance of a criminal background investigation by either the Department or a third party contracted to perform the criminal background investigation. Makes conforming changes.
LRB103 36073 SPS 66161 b     LRB103 36073 SPS 66161 b
    LRB103 36073 SPS 66161 b
A BILL FOR

 

 

225 ILCS 10/4.1 from Ch. 23, par. 2214.1



    LRB103 36073 SPS 66161 b

 

 



 

  HB4412  LRB103 36073 SPS 66161 b


HB4412- 2 -LRB103 36073 SPS 66161 b   HB4412 - 2 - LRB103 36073 SPS 66161 b
  HB4412 - 2 - LRB103 36073 SPS 66161 b
1  submit the applicant's, employee's, or volunteer's
2  fingerprints to the Illinois State Police in the form and
3  manner prescribed by the Illinois State Police. These
4  fingerprints shall be checked against the fingerprint records
5  now and hereafter filed in the Illinois State Police and
6  Federal Bureau of Investigation criminal history records
7  databases. The Illinois State Police shall charge a fee for
8  conducting the criminal history records check, which shall be
9  deposited in the State Police Services Fund and shall not
10  exceed the actual cost of the records check. The Illinois
11  State Police shall provide information concerning any criminal
12  charges, and their disposition, now or hereafter filed,
13  against an applicant, employee, or volunteer of a child care
14  facility or non-licensed service provider upon request of the
15  Department of Children and Family Services when the request is
16  made in the form and manner required by the Illinois State
17  Police.
18  Information concerning convictions of a license applicant,
19  employee, or volunteer of a child care facility or
20  non-licensed service provider investigated under this Section,
21  including the source of the information and any conclusions or
22  recommendations derived from the information, shall be
23  provided, upon request, to such applicant, employee, or
24  volunteer of a child care facility or non-licensed service
25  provider prior to final action by the Department on the
26  application. State conviction information provided by the

 

 

  HB4412 - 2 - LRB103 36073 SPS 66161 b


HB4412- 3 -LRB103 36073 SPS 66161 b   HB4412 - 3 - LRB103 36073 SPS 66161 b
  HB4412 - 3 - LRB103 36073 SPS 66161 b
1  Illinois State Police regarding employees, prospective
2  employees, or volunteers of non-licensed service providers and
3  child care facilities licensed under this Act shall be
4  provided to the operator of such facility, and, upon request,
5  to the employee, prospective employee, or volunteer of a child
6  care facility or non-licensed service provider. Any
7  information concerning criminal charges and the disposition of
8  such charges obtained by the Department shall be confidential
9  and may not be transmitted outside the Department, except as
10  required herein, and may not be transmitted to anyone within
11  the Department except as needed for the purpose of evaluating
12  an application or an employee or volunteer of a child care
13  facility or non-licensed service provider. Only information
14  and standards which bear a reasonable and rational relation to
15  the performance of a child care facility shall be used by the
16  Department or any licensee. Any employee of the Department of
17  Children and Family Services, Illinois State Police, or a
18  child care facility receiving confidential information under
19  this Section who gives or causes to be given any confidential
20  information concerning any criminal convictions of an
21  applicant, employee, or volunteer of a child care facility or
22  non-licensed service provider, shall be guilty of a Class A
23  misdemeanor unless release of such information is authorized
24  by this Section.
25  A child care facility may hire, on a probationary basis,
26  any employee or volunteer of a child care facility or

 

 

  HB4412 - 3 - LRB103 36073 SPS 66161 b


HB4412- 4 -LRB103 36073 SPS 66161 b   HB4412 - 4 - LRB103 36073 SPS 66161 b
  HB4412 - 4 - LRB103 36073 SPS 66161 b

 

 

  HB4412 - 4 - LRB103 36073 SPS 66161 b