HB4412 EngrossedLRB103 36073 SPS 66161 b HB4412 Engrossed LRB103 36073 SPS 66161 b
HB4412 Engrossed 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.
8 (a) In this Section, "third-party vendor" means a
9 third-party fingerprinting vendor who is licensed by the
10 Department of Financial and Professional Regulation and
11 regulated by 68 Ill. Adm. Code 1240.600.
12 (b) The Department shall require that each child care
13 facility license applicant as part of the application process,
14 and each employee and volunteer of a child care facility or
15 non-licensed service provider, as a condition of employment,
16 authorize an investigation to determine if such applicant,
17 employee, or volunteer has ever been charged with a crime and
18 if so, the disposition of those charges; this authorization
19 shall indicate the scope of the inquiry and the agencies which
20 may be contacted. A child care facility, non-licensed service
21 provider, day care center, group day care home, or day care
22 home may authorize the Department or a third-party vendor to
23 collect fingerprints for the investigation. Upon this
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1 authorization, the Director shall request and receive
2 information and assistance from any federal, State, or local
3 governmental agency as part of the authorized investigation.
4 Each applicant, employee, or volunteer of a child care
5 facility or non-licensed service provider shall submit the
6 applicant's, employee's, or volunteer's fingerprints to the
7 Illinois State Police in the form and manner prescribed by the
8 Illinois State Police. These fingerprints shall be checked
9 against the fingerprint records now and hereafter filed in the
10 Illinois State Police and Federal Bureau of Investigation
11 criminal history records databases. The Illinois State Police
12 shall charge a fee for conducting the criminal history records
13 check, which shall be deposited in the State Police Services
14 Fund and shall not exceed the actual cost of the records check.
15 The Illinois State Police shall provide information concerning
16 any criminal charges, and their disposition, now or hereafter
17 filed, against an applicant, employee, or volunteer of a child
18 care facility or non-licensed service provider upon request of
19 the Department of Children and Family Services when the
20 request is made in the form and manner required by the Illinois
21 State Police.
22 Information concerning convictions of a license applicant,
23 employee, or volunteer of a child care facility or
24 non-licensed service provider investigated under this Section,
25 including the source of the information and any conclusions or
26 recommendations derived from the information, shall be
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1 provided, upon request, to such applicant, employee, or
2 volunteer of a child care facility or non-licensed service
3 provider prior to final action by the Department on the
4 application. State conviction information provided by the
5 Illinois State Police regarding employees, prospective
6 employees, or volunteers of non-licensed service providers and
7 child care facilities licensed under this Act shall be
8 provided to the operator of such facility, and, upon request,
9 to the employee, prospective employee, or volunteer of a child
10 care facility or non-licensed service provider. Any
11 information concerning criminal charges and the disposition of
12 such charges obtained by the Department shall be confidential
13 and may not be transmitted outside the Department, except as
14 required herein, and may not be transmitted to anyone within
15 the Department except as needed for the purpose of evaluating
16 an application or an employee or volunteer of a child care
17 facility or non-licensed service provider. Only information
18 and standards which bear a reasonable and rational relation to
19 the performance of a child care facility shall be used by the
20 Department or any licensee. Any employee of the Department of
21 Children and Family Services, Illinois State Police, or a
22 child care facility receiving confidential information under
23 this Section who gives or causes to be given any confidential
24 information concerning any criminal convictions of an
25 applicant, employee, or volunteer of a child care facility or
26 non-licensed service provider, shall be guilty of a Class A
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