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Illinois House Bill HB2908

Illinois 2025-2026 Regular Session

Illinois House Bill HB2908 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2908 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 Amends the Child Care Act of 1969. Provides that day care homes, group day care homes, and day care centers may hire on a probationary basis any employee or volunteer who authorizes a criminal background investigation and who meets the initial requirements set out by the Department of Children and Family Services or the Department of Early Childhood and any applicable federal laws or regulations. Provides that, pending completion of all of the background check requirements, the probationary employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components. LRB104 10799 AAS 20880 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2908 Introduced , by Rep. Suzanne M. Ness 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. Provides that day care homes, group day care homes, and day care centers may hire on a probationary basis any employee or volunteer who authorizes a criminal background investigation and who meets the initial requirements set out by the Department of Children and Family Services or the Department of Early Childhood and any applicable federal laws or regulations. Provides that, pending completion of all of the background check requirements, the probationary employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components. LRB104 10799 AAS 20880 b LRB104 10799 AAS 20880 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2908 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
33 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
44 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
55 Amends the Child Care Act of 1969. Provides that day care homes, group day care homes, and day care centers may hire on a probationary basis any employee or volunteer who authorizes a criminal background investigation and who meets the initial requirements set out by the Department of Children and Family Services or the Department of Early Childhood and any applicable federal laws or regulations. Provides that, pending completion of all of the background check requirements, the probationary employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Child Care Act of 1969 is amended by
1515 5 changing Section 4.1 as follows:
1616 6 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
1717 7 (Text of Section before amendment by P.A. 103-594)
1818 8 Sec. 4.1. Criminal background investigations. The
1919 9 Department shall require that each child care facility license
2020 10 applicant as part of the application process, and each
2121 11 employee and volunteer of a child care facility or
2222 12 non-licensed service provider, as a condition of employment,
2323 13 authorize an investigation to determine if such applicant,
2424 14 employee, or volunteer has ever been charged with a crime and
2525 15 if so, the disposition of those charges; this authorization
2626 16 shall indicate the scope of the inquiry and the agencies which
2727 17 may be contacted. Upon this authorization, the Director shall
2828 18 request and receive information and assistance from any
2929 19 federal, State or local governmental agency as part of the
3030 20 authorized investigation. Each applicant, employee, or
3131 21 volunteer of a child care facility or non-licensed service
3232 22 provider shall submit the applicant's, employee's, or
3333 23 volunteer's fingerprints to the Illinois State Police in the
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2908 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
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3939 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
4040 Amends the Child Care Act of 1969. Provides that day care homes, group day care homes, and day care centers may hire on a probationary basis any employee or volunteer who authorizes a criminal background investigation and who meets the initial requirements set out by the Department of Children and Family Services or the Department of Early Childhood and any applicable federal laws or regulations. Provides that, pending completion of all of the background check requirements, the probationary employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components.
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6868 1 form and manner prescribed by the Illinois State Police. These
6969 2 fingerprints shall be checked against the fingerprint records
7070 3 now and hereafter filed in the Illinois State Police and
7171 4 Federal Bureau of Investigation criminal history records
7272 5 databases. The Illinois State Police shall charge a fee for
7373 6 conducting the criminal history records check, which shall be
7474 7 deposited in the State Police Services Fund and shall not
7575 8 exceed the actual cost of the records check. The Illinois
7676 9 State Police shall provide information concerning any criminal
7777 10 charges, and their disposition, now or hereafter filed,
7878 11 against an applicant, employee, or volunteer of a child care
7979 12 facility or non-licensed service provider upon request of the
8080 13 Department of Children and Family Services when the request is
8181 14 made in the form and manner required by the Illinois State
8282 15 Police.
8383 16 Information concerning convictions of a license applicant,
8484 17 employee, or volunteer of a child care facility or
8585 18 non-licensed service provider investigated under this Section,
8686 19 including the source of the information and any conclusions or
8787 20 recommendations derived from the information, shall be
8888 21 provided, upon request, to such applicant, employee, or
8989 22 volunteer of a child care facility or non-licensed service
9090 23 provider prior to final action by the Department on the
9191 24 application. State conviction information provided by the
9292 25 Illinois State Police regarding employees, prospective
9393 26 employees, or volunteers of non-licensed service providers and
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104104 1 child care facilities licensed under this Act shall be
105105 2 provided to the operator of such facility, and, upon request,
106106 3 to the employee, prospective employee, or volunteer of a child
107107 4 care facility or non-licensed service provider. Any
108108 5 information concerning criminal charges and the disposition of
109109 6 such charges obtained by the Department shall be confidential
110110 7 and may not be transmitted outside the Department, except as
111111 8 required herein, and may not be transmitted to anyone within
112112 9 the Department except as needed for the purpose of evaluating
113113 10 an application or an employee or volunteer of a child care
114114 11 facility or non-licensed service provider. Only information
115115 12 and standards which bear a reasonable and rational relation to
116116 13 the performance of a child care facility shall be used by the
117117 14 Department or any licensee. Any employee of the Department of
118118 15 Children and Family Services, Illinois State Police, or a
119119 16 child care facility receiving confidential information under
120120 17 this Section who gives or causes to be given any confidential
121121 18 information concerning any criminal convictions of an
122122 19 applicant, employee, or volunteer of a child care facility or
123123 20 non-licensed service provider, shall be guilty of a Class A
124124 21 misdemeanor unless release of such information is authorized
125125 22 by this Section.
126126 23 Day care homes, group day care homes, and day care centers
127127 24 may hire on a probationary basis any employee or volunteer who
128128 25 authorizes a criminal background investigation under this
129129 26 Section and who meets the initial requirements set out by the
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140140 1 Department and any applicable federal laws or regulations.
141141 2 Pending completion of all of the background check
142142 3 requirements, the probationary employee or volunteer must be
143143 4 supervised at all times by an individual who received a
144144 5 qualifying result on all background check components.
145145 6 A child care facility may hire, on a probationary basis,
146146 7 any employee or volunteer of a child care facility or
147147 8 non-licensed service provider authorizing a criminal
148148 9 background investigation under this Section, pending the
149149 10 result of such investigation. Employees and volunteers of a
150150 11 child care facility or non-licensed service provider shall be
151151 12 notified prior to hiring that such employment may be
152152 13 terminated on the basis of criminal background information
153153 14 obtained by the facility.
154154 15 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
155155 16 (Text of Section after amendment by P.A. 103-594)
156156 17 Sec. 4.1. Criminal background investigations. The
157157 18 Department of Children and Family Services or the Department
158158 19 of Early Childhood shall require that each child care facility
159159 20 license applicant under the agencies' respective authority as
160160 21 part of the application process, and each employee and
161161 22 volunteer of a child care facility or non-licensed service
162162 23 provider, as a condition of employment, authorize an
163163 24 investigation to determine if such applicant, employee, or
164164 25 volunteer has ever been charged with a crime and if so, the
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175175 1 disposition of those charges; this authorization shall
176176 2 indicate the scope of the inquiry and the agencies which may be
177177 3 contacted. Upon this authorization, the Director shall request
178178 4 and receive information and assistance from any federal, State
179179 5 or local governmental agency as part of the authorized
180180 6 investigation. Each applicant, employee, or volunteer of a
181181 7 child care facility or non-licensed service provider shall
182182 8 submit the applicant's, employee's, or volunteer's
183183 9 fingerprints to the Illinois State Police in the form and
184184 10 manner prescribed by the Illinois State Police. These
185185 11 fingerprints shall be checked against the fingerprint records
186186 12 now and hereafter filed in the Illinois State Police and
187187 13 Federal Bureau of Investigation criminal history records
188188 14 databases. The Illinois State Police shall charge a fee for
189189 15 conducting the criminal history records check, which shall be
190190 16 deposited in the State Police Services Fund and shall not
191191 17 exceed the actual cost of the records check. The Illinois
192192 18 State Police shall provide information concerning any criminal
193193 19 charges, and their disposition, now or hereafter filed,
194194 20 against an applicant, employee, or volunteer of a child care
195195 21 facility or non-licensed service provider upon request of the
196196 22 Department of Children and Family Services or the Department
197197 23 of Early Childhood when the request is made in the form and
198198 24 manner required by the Illinois State Police.
199199 25 Information concerning convictions of a license applicant,
200200 26 employee, or volunteer of a child care facility or
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211211 1 non-licensed service provider investigated under this Section,
212212 2 including the source of the information and any conclusions or
213213 3 recommendations derived from the information, shall be
214214 4 provided, upon request, to such applicant, employee, or
215215 5 volunteer of a child care facility or non-licensed service
216216 6 provider prior to final action by the Department of Children
217217 7 and Family Services or the Department of Early Childhood under
218218 8 the agencies' respective authority on the application. State
219219 9 conviction information provided by the Illinois State Police
220220 10 regarding employees, prospective employees, or volunteers of
221221 11 non-licensed service providers and child care facilities
222222 12 licensed under this Act shall be provided to the operator of
223223 13 such facility, and, upon request, to the employee, prospective
224224 14 employee, or volunteer of a child care facility or
225225 15 non-licensed service provider. Any information concerning
226226 16 criminal charges and the disposition of such charges obtained
227227 17 by the Department of Children and Family Services or the
228228 18 Department of Early Childhood shall be confidential and may
229229 19 not be transmitted outside the Department of Children and
230230 20 Family Services or the Department of Early Childhood, except
231231 21 as required herein, and may not be transmitted to anyone
232232 22 within the Department of Children and Family Services or the
233233 23 Department of Early Childhood except as needed for the purpose
234234 24 of evaluating an application or an employee or volunteer of a
235235 25 child care facility or non-licensed service provider. Only
236236 26 information and standards which bear a reasonable and rational
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247247 1 relation to the performance of a child care facility shall be
248248 2 used by the Department of Children and Family Services or the
249249 3 Department of Early Childhood or any licensee. Any employee of
250250 4 the Department of Children and Family Services, Department of
251251 5 Early Childhood, Illinois State Police, or a child care
252252 6 facility receiving confidential information under this Section
253253 7 who gives or causes to be given any confidential information
254254 8 concerning any criminal convictions of an applicant, employee,
255255 9 or volunteer of a child care facility or non-licensed service
256256 10 provider, shall be guilty of a Class A misdemeanor unless
257257 11 release of such information is authorized by this Section.
258258 12 Day care homes, group day care homes, and day care centers
259259 13 may hire on a probationary basis any employee or volunteer who
260260 14 authorizes a criminal background investigation under this
261261 15 Section and who meets the initial requirements set out by the
262262 16 Department of Children and Family Services or the Department
263263 17 of Early Childhood and any applicable federal laws or
264264 18 regulations. Pending completion of all of the background check
265265 19 requirements, the probationary employee or volunteer must be
266266 20 supervised at all times by an individual who received a
267267 21 qualifying result on all background check components.
268268 22 A child care facility may hire, on a probationary basis,
269269 23 any employee or volunteer of a child care facility or
270270 24 non-licensed service provider authorizing a criminal
271271 25 background investigation under this Section, pending the
272272 26 result of such investigation. Employees and volunteers of a
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283283 1 child care facility or non-licensed service provider shall be
284284 2 notified prior to hiring that such employment may be
285285 3 terminated on the basis of criminal background information
286286 4 obtained by the facility.
287287 5 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
288288 6 103-594, eff. 7-1-26.)
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