104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2638 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED: 225 ILCS 10/5.13 new225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Provides that, on or before July 1, 2026, the Department of Children and Family Services shall require each licensed day care center to maintain a video security system and maintain video surveillance of all public areas within the premises of the day care center, including, but not limited to, hallways, entrances, play areas, common rooms, and eating areas. Provides that video surveillance shall not take place in private areas within the day care center, including, but not limited to, bathrooms and changing areas. Provides that, if a video security system is deemed inadequate by the Department, the day care center shall have 30 days to correct the inadequacy. Provides that each licensed day care center must notify all parents of children attending the day care center that public areas are under video surveillance and must post a sign at the entrance of the day care center that informs visitors that the area is under video surveillance. Provides that the minimum standards for licensing shall require that each child care institution, maternity center, day care center, group home, day care home, and group day care home require that every staff member involved in the direct care of children be certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation(rather than have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation). LRB104 03327 AAS 13349 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2638 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED: 225 ILCS 10/5.13 new225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/5.13 new 225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Provides that, on or before July 1, 2026, the Department of Children and Family Services shall require each licensed day care center to maintain a video security system and maintain video surveillance of all public areas within the premises of the day care center, including, but not limited to, hallways, entrances, play areas, common rooms, and eating areas. Provides that video surveillance shall not take place in private areas within the day care center, including, but not limited to, bathrooms and changing areas. Provides that, if a video security system is deemed inadequate by the Department, the day care center shall have 30 days to correct the inadequacy. Provides that each licensed day care center must notify all parents of children attending the day care center that public areas are under video surveillance and must post a sign at the entrance of the day care center that informs visitors that the area is under video surveillance. Provides that the minimum standards for licensing shall require that each child care institution, maternity center, day care center, group home, day care home, and group day care home require that every staff member involved in the direct care of children be certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation(rather than have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation). LRB104 03327 AAS 13349 b LRB104 03327 AAS 13349 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2638 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED:
225 ILCS 10/5.13 new225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/5.13 new 225 ILCS 10/7 from Ch. 23, par. 2217
225 ILCS 10/5.13 new
225 ILCS 10/7 from Ch. 23, par. 2217
Amends the Child Care Act of 1969. Provides that, on or before July 1, 2026, the Department of Children and Family Services shall require each licensed day care center to maintain a video security system and maintain video surveillance of all public areas within the premises of the day care center, including, but not limited to, hallways, entrances, play areas, common rooms, and eating areas. Provides that video surveillance shall not take place in private areas within the day care center, including, but not limited to, bathrooms and changing areas. Provides that, if a video security system is deemed inadequate by the Department, the day care center shall have 30 days to correct the inadequacy. Provides that each licensed day care center must notify all parents of children attending the day care center that public areas are under video surveillance and must post a sign at the entrance of the day care center that informs visitors that the area is under video surveillance. Provides that the minimum standards for licensing shall require that each child care institution, maternity center, day care center, group home, day care home, and group day care home require that every staff member involved in the direct care of children be certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation(rather than have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation).
LRB104 03327 AAS 13349 b LRB104 03327 AAS 13349 b
LRB104 03327 AAS 13349 b
A BILL FOR
HB2638LRB104 03327 AAS 13349 b HB2638 LRB104 03327 AAS 13349 b
HB2638 LRB104 03327 AAS 13349 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 7 and by adding Section 5.13 as follows:
6 (225 ILCS 10/5.13 new)
7 Sec. 5.13. Video surveillance.
8 (a) On or before July 1, 2026, the Department shall
9 require each licensed day care center to maintain a video
10 security system and maintain video surveillance of all public
11 areas within the premises of the day care center, including,
12 but not limited to, hallways, entrances, play areas, common
13 rooms, and eating areas. Video surveillance shall not take
14 place in private areas within the day care center, including,
15 but not limited to, bathrooms and changing areas. If a video
16 security system is deemed inadequate by the Department, the
17 day care center shall have 30 days to correct the inadequacy.
18 (b) Each licensed day care center must notify all parents
19 of children attending the day care center that public areas
20 are under video surveillance and must post a sign at the
21 entrance of the day care center that informs visitors that the
22 area is under video surveillance.
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2638 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED:
225 ILCS 10/5.13 new225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/5.13 new 225 ILCS 10/7 from Ch. 23, par. 2217
225 ILCS 10/5.13 new
225 ILCS 10/7 from Ch. 23, par. 2217
Amends the Child Care Act of 1969. Provides that, on or before July 1, 2026, the Department of Children and Family Services shall require each licensed day care center to maintain a video security system and maintain video surveillance of all public areas within the premises of the day care center, including, but not limited to, hallways, entrances, play areas, common rooms, and eating areas. Provides that video surveillance shall not take place in private areas within the day care center, including, but not limited to, bathrooms and changing areas. Provides that, if a video security system is deemed inadequate by the Department, the day care center shall have 30 days to correct the inadequacy. Provides that each licensed day care center must notify all parents of children attending the day care center that public areas are under video surveillance and must post a sign at the entrance of the day care center that informs visitors that the area is under video surveillance. Provides that the minimum standards for licensing shall require that each child care institution, maternity center, day care center, group home, day care home, and group day care home require that every staff member involved in the direct care of children be certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation(rather than have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation).
LRB104 03327 AAS 13349 b LRB104 03327 AAS 13349 b
LRB104 03327 AAS 13349 b
A BILL FOR
225 ILCS 10/5.13 new
225 ILCS 10/7 from Ch. 23, par. 2217
LRB104 03327 AAS 13349 b
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1 (225 ILCS 10/7) (from Ch. 23, par. 2217)
2 (Text of Section before amendment by P.A. 103-594)
3 Sec. 7. (a) The Department must prescribe and publish
4 minimum standards for licensing that apply to the various
5 types of facilities for child care defined in this Act and that
6 are equally applicable to like institutions under the control
7 of the Department and to foster family homes used by and under
8 the direct supervision of the Department. The Department shall
9 seek the advice and assistance of persons representative of
10 the various types of child care facilities in establishing
11 such standards. The standards prescribed and published under
12 this Act take effect as provided in the Illinois
13 Administrative Procedure Act, and are restricted to
14 regulations pertaining to the following matters and to any
15 rules and regulations required or permitted by any other
16 Section of this Act:
17 (1) The operation and conduct of the facility and
18 responsibility it assumes for child care;
19 (2) The character, suitability and qualifications of
20 the applicant and other persons directly responsible for
21 the care and welfare of children served. All child day
22 care center licensees and employees who are required to
23 report child abuse or neglect under the Abused and
24 Neglected Child Reporting Act shall be required to attend
25 training on recognizing child abuse and neglect, as
26 prescribed by Department rules;
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1 (3) The general financial ability and competence of
2 the applicant to provide necessary care for children and
3 to maintain prescribed standards;
4 (4) The number of individuals or staff required to
5 insure adequate supervision and care of the children
6 received. The standards shall provide that each child care
7 institution, maternity center, day care center, group
8 home, day care home, and group day care home shall require
9 that every staff member involved in the direct care of
10 children be have on its premises during its hours of
11 operation at least one staff member certified in first
12 aid, in the Heimlich maneuver, and in cardiopulmonary
13 resuscitation by the American Red Cross or other
14 organization approved by rule of the Department. Child
15 welfare agencies shall not be subject to such a staffing
16 requirement. The Department may offer, or arrange for the
17 offering, on a periodic basis in each community in this
18 State in cooperation with the American Red Cross, the
19 American Heart Association, or other appropriate
20 organizations organization, voluntary programs to train
21 operators of foster family homes and day care homes in
22 first aid and cardiopulmonary resuscitation;
23 (5) The appropriateness, safety, cleanliness, and
24 general adequacy of the premises, including maintenance of
25 adequate fire prevention and health standards conforming
26 to State laws and municipal codes to provide for the
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1 physical comfort, care, and well-being of children
2 received;
3 (6) Provisions for food, clothing, educational
4 opportunities, program, equipment and individual supplies
5 to assure the healthy physical, mental, and spiritual
6 development of children served;
7 (7) Provisions to safeguard the legal rights of
8 children served;
9 (8) Maintenance of records pertaining to the
10 admission, progress, health, and discharge of children,
11 including, for day care centers and day care homes,
12 records indicating each child has been immunized as
13 required by State regulations. The Department shall
14 require proof that children enrolled in a facility have
15 been immunized against Haemophilus Influenzae B (HIB);
16 (9) Filing of reports with the Department;
17 (10) Discipline of children;
18 (11) Protection and fostering of the particular
19 religious faith of the children served;
20 (12) Provisions prohibiting firearms on day care
21 center premises except in the possession of peace
22 officers;
23 (13) Provisions prohibiting handguns on day care home
24 premises except in the possession of peace officers or
25 other adults who must possess a handgun as a condition of
26 employment and who reside on the premises of a day care
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1 home;
2 (14) Provisions requiring that any firearm permitted
3 on day care home premises, except handguns in the
4 possession of peace officers, shall be kept in a
5 disassembled state, without ammunition, in locked storage,
6 inaccessible to children and that ammunition permitted on
7 day care home premises shall be kept in locked storage
8 separate from that of disassembled firearms, inaccessible
9 to children;
10 (15) Provisions requiring notification of parents or
11 guardians enrolling children at a day care home of the
12 presence in the day care home of any firearms and
13 ammunition and of the arrangements for the separate,
14 locked storage of such firearms and ammunition;
15 (16) Provisions requiring all licensed child care
16 facility employees who care for newborns and infants to
17 complete training every 3 years on the nature of sudden
18 unexpected infant death (SUID), sudden infant death
19 syndrome (SIDS), and the safe sleep recommendations of the
20 American Academy of Pediatrics; and
21 (17) With respect to foster family homes, provisions
22 requiring the Department to review quality of care
23 concerns and to consider those concerns in determining
24 whether a foster family home is qualified to care for
25 children.
26 By July 1, 2022, all licensed day care home providers,
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1 licensed group day care home providers, and licensed day care
2 center directors and classroom staff shall participate in at
3 least one training that includes the topics of early childhood
4 social emotional learning, infant and early childhood mental
5 health, early childhood trauma, or adverse childhood
6 experiences. Current licensed providers, directors, and
7 classroom staff shall complete training by July 1, 2022 and
8 shall participate in training that includes the above topics
9 at least once every 3 years.
10 (b) If, in a facility for general child care, there are
11 children diagnosed as mentally ill or children diagnosed as
12 having an intellectual or physical disability, who are
13 determined to be in need of special mental treatment or of
14 nursing care, or both mental treatment and nursing care, the
15 Department shall seek the advice and recommendation of the
16 Department of Human Services, the Department of Public Health,
17 or both Departments regarding the residential treatment and
18 nursing care provided by the institution.
19 (c) The Department shall investigate any person applying
20 to be licensed as a foster parent to determine whether there is
21 any evidence of current drug or alcohol abuse in the
22 prospective foster family. The Department shall not license a
23 person as a foster parent if drug or alcohol abuse has been
24 identified in the foster family or if a reasonable suspicion
25 of such abuse exists, except that the Department may grant a
26 foster parent license to an applicant identified with an
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1 alcohol or drug problem if the applicant has successfully
2 participated in an alcohol or drug treatment program,
3 self-help group, or other suitable activities and if the
4 Department determines that the foster family home can provide
5 a safe, appropriate environment and meet the physical and
6 emotional needs of children.
7 (d) The Department, in applying standards prescribed and
8 published, as herein provided, shall offer consultation
9 through employed staff or other qualified persons to assist
10 applicants and licensees in meeting and maintaining minimum
11 requirements for a license and to help them otherwise to
12 achieve programs of excellence related to the care of children
13 served. Such consultation shall include providing information
14 concerning education and training in early childhood
15 development to providers of day care home services. The
16 Department may provide or arrange for such education and
17 training for those providers who request such assistance.
18 (e) The Department shall distribute copies of licensing
19 standards to all licensees and applicants for a license. Each
20 licensee or holder of a permit shall distribute copies of the
21 appropriate licensing standards and any other information
22 required by the Department to child care facilities under its
23 supervision. Each licensee or holder of a permit shall
24 maintain appropriate documentation of the distribution of the
25 standards. Such documentation shall be part of the records of
26 the facility and subject to inspection by authorized
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1 representatives of the Department.
2 (f) The Department shall prepare summaries of day care
3 licensing standards. Each licensee or holder of a permit for a
4 day care facility shall distribute a copy of the appropriate
5 summary and any other information required by the Department,
6 to the legal guardian of each child cared for in that facility
7 at the time when the child is enrolled or initially placed in
8 the facility. The licensee or holder of a permit for a day care
9 facility shall secure appropriate documentation of the
10 distribution of the summary and brochure. Such documentation
11 shall be a part of the records of the facility and subject to
12 inspection by an authorized representative of the Department.
13 (g) The Department shall distribute to each licensee and
14 holder of a permit copies of the licensing or permit standards
15 applicable to such person's facility. Each licensee or holder
16 of a permit shall make available by posting at all times in a
17 common or otherwise accessible area a complete and current set
18 of licensing standards in order that all employees of the
19 facility may have unrestricted access to such standards. All
20 employees of the facility shall have reviewed the standards
21 and any subsequent changes. Each licensee or holder of a
22 permit shall maintain appropriate documentation of the current
23 review of licensing standards by all employees. Such records
24 shall be part of the records of the facility and subject to
25 inspection by authorized representatives of the Department.
26 (h) Any standards involving physical examinations,
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1 immunization, or medical treatment shall include appropriate
2 exemptions for children whose parents object thereto on the
3 grounds that they conflict with the tenets and practices of a
4 recognized church or religious organization, of which the
5 parent is an adherent or member, and for children who should
6 not be subjected to immunization for clinical reasons.
7 (i) The Department, in cooperation with the Department of
8 Public Health, shall work to increase immunization awareness
9 and participation among parents of children enrolled in day
10 care centers and day care homes by publishing on the
11 Department's website information about the benefits of
12 immunization against vaccine preventable diseases, including
13 influenza and pertussis. The information for vaccine
14 preventable diseases shall include the incidence and severity
15 of the diseases, the availability of vaccines, and the
16 importance of immunizing children and persons who frequently
17 have close contact with children. The website content shall be
18 reviewed annually in collaboration with the Department of
19 Public Health to reflect the most current recommendations of
20 the Advisory Committee on Immunization Practices (ACIP). The
21 Department shall work with day care centers and day care homes
22 licensed under this Act to ensure that the information is
23 annually distributed to parents in August or September.
24 (j) Any standard adopted by the Department that requires
25 an applicant for a license to operate a day care home to
26 include a copy of a high school diploma or equivalent
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1 certificate with the person's application shall be deemed to
2 be satisfied if the applicant includes a copy of a high school
3 diploma or equivalent certificate or a copy of a degree from an
4 accredited institution of higher education or vocational
5 institution or equivalent certificate.
6 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
7 (Text of Section after amendment by P.A. 103-594)
8 Sec. 7. (a) The Department must prescribe and publish
9 minimum standards for licensing that apply to the various
10 types of facilities for child care defined in this Act (other
11 than a day care center, day care home, or group day care home)
12 and that are equally applicable to like institutions under the
13 control of the Department and to foster family homes used by
14 and under the direct supervision of the Department. The
15 Department shall seek the advice and assistance of persons
16 representative of the various types of child care facilities
17 in establishing such standards. The standards prescribed and
18 published under this Act take effect as provided in the
19 Illinois Administrative Procedure Act, and are restricted to
20 regulations pertaining to the following matters and to any
21 rules and regulations required or permitted by any other
22 Section of this Act:
23 (1) The operation and conduct of the facility and
24 responsibility it assumes for child care;
25 (2) The character, suitability and qualifications of
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1 the applicant and other persons directly responsible for
2 the care and welfare of children served.;
3 (3) The general financial ability and competence of
4 the applicant to provide necessary care for children and
5 to maintain prescribed standards;
6 (4) The number of individuals or staff required to
7 insure adequate supervision and care of the children
8 received. The standards shall provide that each child care
9 institution, maternity center, and group home shall
10 require that every staff member involved in the direct
11 care of children be have on its premises during its hours
12 of operation at least one staff member certified in first
13 aid, in the Heimlich maneuver, and in cardiopulmonary
14 resuscitation by the American Red Cross or other
15 organization approved by rule of the Department. Child
16 welfare agencies shall not be subject to such a staffing
17 requirement. The Department may offer, or arrange for the
18 offering, on a periodic basis in each community in this
19 State in cooperation with the American Red Cross, the
20 American Heart Association, or other appropriate
21 organizations organization, voluntary programs to train
22 operators of foster family homes and day care homes in
23 first aid and cardiopulmonary resuscitation;
24 (5) The appropriateness, safety, cleanliness, and
25 general adequacy of the premises, including maintenance of
26 adequate fire prevention and health standards conforming
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1 to State laws and municipal codes to provide for the
2 physical comfort, care, and well-being of children
3 received;
4 (6) Provisions for food, clothing, educational
5 opportunities, program, equipment and individual supplies
6 to assure the healthy physical, mental, and spiritual
7 development of children served;
8 (7) Provisions to safeguard the legal rights of
9 children served;
10 (8) Maintenance of records pertaining to the
11 admission, progress, health, and discharge of children.
12 The Department shall require proof that children enrolled
13 in a facility (other than a day care center, day care home,
14 or group day care home) have been immunized against
15 Haemophilus Influenzae B (HIB);
16 (9) Filing of reports with the Department;
17 (10) Discipline of children;
18 (11) Protection and fostering of the particular
19 religious faith of the children served;
20 (12) (Blank);
21 (13) (Blank);
22 (14) (Blank);
23 (15) (Blank);
24 (16) Provisions requiring all licensed child care
25 facility employees who care for newborns and infants to
26 complete training every 3 years on the nature of sudden
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1 unexpected infant death (SUID), sudden infant death
2 syndrome (SIDS), and the safe sleep recommendations of the
3 American Academy of Pediatrics (other than employees of a
4 day care center, day care home, or group day care home);
5 and
6 (17) With respect to foster family homes, provisions
7 requiring the Department to review quality of care
8 concerns and to consider those concerns in determining
9 whether a foster family home is qualified to care for
10 children.
11 (b) If, in a facility for general child care (other than a
12 day care center, day care home, or group day care home), there
13 are children diagnosed as mentally ill or children diagnosed
14 as having an intellectual or physical disability, who are
15 determined to be in need of special mental treatment or of
16 nursing care, or both mental treatment and nursing care, the
17 Department shall seek the advice and recommendation of the
18 Department of Human Services, the Department of Public Health,
19 or both Departments regarding the residential treatment and
20 nursing care provided by the institution.
21 (c) The Department shall investigate any person applying
22 to be licensed as a foster parent to determine whether there is
23 any evidence of current drug or alcohol abuse in the
24 prospective foster family. The Department shall not license a
25 person as a foster parent if drug or alcohol abuse has been
26 identified in the foster family or if a reasonable suspicion
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1 of such abuse exists, except that the Department may grant a
2 foster parent license to an applicant identified with an
3 alcohol or drug problem if the applicant has successfully
4 participated in an alcohol or drug treatment program,
5 self-help group, or other suitable activities and if the
6 Department determines that the foster family home can provide
7 a safe, appropriate environment and meet the physical and
8 emotional needs of children.
9 (d) The Department, in applying standards prescribed and
10 published, as herein provided, shall offer consultation
11 through employed staff or other qualified persons to assist
12 applicants and licensees (other than applicants and licensees
13 of a day care center, day care home, or group day care home) in
14 meeting and maintaining minimum requirements for a license and
15 to help them otherwise to achieve programs of excellence
16 related to the care of children served. Such consultation
17 shall include providing information concerning education and
18 training in early childhood development to providers of day
19 care home services. The Department may provide or arrange for
20 such education and training for those providers who request
21 such assistance (other than providers at a day care center,
22 day care home, or group day care home).
23 (e) The Department shall distribute copies of licensing
24 standards to all licensees and applicants for a license (other
25 than licensees and applicants of a day care center, day care
26 home, or group day care home). Each licensee or holder of a
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1 permit shall distribute copies of the appropriate licensing
2 standards and any other information required by the Department
3 to child care facilities under its supervision. Each licensee
4 or holder of a permit shall maintain appropriate documentation
5 of the distribution of the standards. Such documentation shall
6 be part of the records of the facility and subject to
7 inspection by authorized representatives of the Department.
8 (f) (Blank).
9 (g) The Department shall distribute to each licensee and
10 holder of a permit copies of the licensing or permit standards
11 applicable to such person's facility (other than a day care
12 center, day care home, or group day care home). Each licensee
13 or holder of a permit shall make available by posting at all
14 times in a common or otherwise accessible area a complete and
15 current set of licensing standards in order that all employees
16 of the facility may have unrestricted access to such
17 standards. All employees of the facility shall have reviewed
18 the standards and any subsequent changes. Each licensee or
19 holder of a permit shall maintain appropriate documentation of
20 the current review of licensing standards by all employees.
21 Such records shall be part of the records of the facility and
22 subject to inspection by authorized representatives of the
23 Department.
24 (h) Any standards (other than standards of a day care
25 center, day care home, or group day care home) involving
26 physical examinations, immunization, or medical treatment
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1 shall include appropriate exemptions for children whose
2 parents object thereto on the grounds that they conflict with
3 the tenets and practices of a recognized church or religious
4 organization, of which the parent is an adherent or member,
5 and for children who should not be subjected to immunization
6 for clinical reasons.
7 (i) (Blank).
8 (j) (Blank).
9 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23;
10 103-594, eff. 7-1-26.)
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