IL
Illinois House Bill HB4412

Illinois 2023-2024 Regular Session

Illinois House Bill HB4412 Compare Versions

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33 1 AN ACT concerning regulation.
44 2 Be it enacted by the People of the State of Illinois,
55 3 represented in the General Assembly:
66 4 Section 5. The Child Care Act of 1969 is amended by
77 5 changing Section 4.1 as follows:
88 6 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
99 7 Sec. 4.1. Criminal background investigations.
1010 8 (a) In this Section, "third-party vendor" means a
1111 9 third-party fingerprinting vendor who is licensed by the
1212 10 Department of Financial and Professional Regulation and
1313 11 regulated by 68 Ill. Adm. Code 1240.600.
1414 12 (b) The Department shall require that each child care
1515 13 facility license applicant as part of the application process,
1616 14 and each employee and volunteer of a child care facility or
1717 15 non-licensed service provider, as a condition of employment,
1818 16 authorize an investigation to determine if such applicant,
1919 17 employee, or volunteer has ever been charged with a crime and
2020 18 if so, the disposition of those charges; this authorization
2121 19 shall indicate the scope of the inquiry and the agencies which
2222 20 may be contacted. A child care facility, non-licensed service
2323 21 provider, day care center, group day care home, or day care
2424 22 home may authorize the Department or a third-party vendor to
25-23 collect fingerprints for the investigation. If a third-party
25+23 collect fingerprints for the investigation. Upon this
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34-1 vendor is used for fingerprinting, then the child care
35-2 facility, non-licensed service provider, day care center,
36-3 group day care home, or day care home shall pay the third-party
37-4 vendor for that service directly. If a child care facility,
38-5 non-licensed service provider, day care center, group day care
39-6 home, or day care home authorizes the Department or a
40-7 third-party vendor to collect fingerprints for the
41-8 investigation, Upon this authorization, the Director shall
42-9 request and receive information and assistance from any
43-10 federal, State, or local governmental agency as part of the
44-11 authorized investigation. Each applicant, employee, or
45-12 volunteer of a child care facility or non-licensed service
46-13 provider shall submit the applicant's, employee's, or
47-14 volunteer's fingerprints to the Illinois State Police in the
48-15 form and manner prescribed by the Illinois State Police. These
49-16 fingerprints shall be checked against the fingerprint records
50-17 now and hereafter filed in the Illinois State Police and
51-18 Federal Bureau of Investigation criminal history records
52-19 databases. The Illinois State Police shall charge a fee for
53-20 conducting the criminal history records check, which shall be
54-21 deposited in the State Police Services Fund and shall not
55-22 exceed the actual cost of the records check. The Illinois
56-23 State Police shall provide information concerning any criminal
57-24 charges, and their disposition, now or hereafter filed,
58-25 against an applicant, employee, or volunteer of a child care
59-26 facility or non-licensed service provider upon request of the
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34+1 authorization, the Director shall request and receive
35+2 information and assistance from any federal, State, or local
36+3 governmental agency as part of the authorized investigation.
37+4 Each applicant, employee, or volunteer of a child care
38+5 facility or non-licensed service provider shall submit the
39+6 applicant's, employee's, or volunteer's fingerprints to the
40+7 Illinois State Police in the form and manner prescribed by the
41+8 Illinois State Police. These fingerprints shall be checked
42+9 against the fingerprint records now and hereafter filed in the
43+10 Illinois State Police and Federal Bureau of Investigation
44+11 criminal history records databases. The Illinois State Police
45+12 shall charge a fee for conducting the criminal history records
46+13 check, which shall be deposited in the State Police Services
47+14 Fund and shall not exceed the actual cost of the records check.
48+15 The Illinois State Police shall provide information concerning
49+16 any criminal charges, and their disposition, now or hereafter
50+17 filed, against an applicant, employee, or volunteer of a child
51+18 care facility or non-licensed service provider upon request of
52+19 the Department of Children and Family Services when the
53+20 request is made in the form and manner required by the Illinois
54+21 State Police.
55+22 Information concerning convictions of a license applicant,
56+23 employee, or volunteer of a child care facility or
57+24 non-licensed service provider investigated under this Section,
58+25 including the source of the information and any conclusions or
59+26 recommendations derived from the information, shall be
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70-1 Department of Children and Family Services when the request is
71-2 made in the form and manner required by the Illinois State
72-3 Police.
73-4 Information concerning convictions of a license applicant,
74-5 employee, or volunteer of a child care facility or
75-6 non-licensed service provider investigated under this Section,
76-7 including the source of the information and any conclusions or
77-8 recommendations derived from the information, shall be
78-9 provided, upon request, to such applicant, employee, or
79-10 volunteer of a child care facility or non-licensed service
80-11 provider prior to final action by the Department on the
81-12 application. State conviction information provided by the
82-13 Illinois State Police regarding employees, prospective
83-14 employees, or volunteers of non-licensed service providers and
84-15 child care facilities licensed under this Act shall be
85-16 provided to the operator of such facility, and, upon request,
86-17 to the employee, prospective employee, or volunteer of a child
87-18 care facility or non-licensed service provider. Any
88-19 information concerning criminal charges and the disposition of
89-20 such charges obtained by the Department shall be confidential
90-21 and may not be transmitted outside the Department, except as
91-22 required herein, and may not be transmitted to anyone within
92-23 the Department except as needed for the purpose of evaluating
93-24 an application or an employee or volunteer of a child care
94-25 facility or non-licensed service provider. Only information
95-26 and standards which bear a reasonable and rational relation to
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70+1 provided, upon request, to such applicant, employee, or
71+2 volunteer of a child care facility or non-licensed service
72+3 provider prior to final action by the Department on the
73+4 application. State conviction information provided by the
74+5 Illinois State Police regarding employees, prospective
75+6 employees, or volunteers of non-licensed service providers and
76+7 child care facilities licensed under this Act shall be
77+8 provided to the operator of such facility, and, upon request,
78+9 to the employee, prospective employee, or volunteer of a child
79+10 care facility or non-licensed service provider. Any
80+11 information concerning criminal charges and the disposition of
81+12 such charges obtained by the Department shall be confidential
82+13 and may not be transmitted outside the Department, except as
83+14 required herein, and may not be transmitted to anyone within
84+15 the Department except as needed for the purpose of evaluating
85+16 an application or an employee or volunteer of a child care
86+17 facility or non-licensed service provider. Only information
87+18 and standards which bear a reasonable and rational relation to
88+19 the performance of a child care facility shall be used by the
89+20 Department or any licensee. Any employee of the Department of
90+21 Children and Family Services, Illinois State Police, or a
91+22 child care facility receiving confidential information under
92+23 this Section who gives or causes to be given any confidential
93+24 information concerning any criminal convictions of an
94+25 applicant, employee, or volunteer of a child care facility or
95+26 non-licensed service provider, shall be guilty of a Class A
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