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