104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3346 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Directs the Department of Children and Family Services to amend its rules establishing licensing standards for group day care homes to provide a revised maximum authorized extended capacity for group day care homes that is applicable through July 1, 2027. Provides that the revised maximum extended capacity rules adopted by the Department shall, at a minimum, allow one caregiver and 2 assistants to have the option of caring for 2 additional children who are 30 months of age or older, as well as 2 additional children who are attending school full-time, notwithstanding any other provision of the Act. Requires the revised rules not only to provide that the second full-time assistant shall be present at all times when there are more than 12 children in the home, but also to prohibit the total capacity of the group day care home from exceeding 16 children. Effective immediately. LRB104 08351 BAB 18402 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3346 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7 from Ch. 23, par. 2217 Amends the Child Care Act of 1969. Directs the Department of Children and Family Services to amend its rules establishing licensing standards for group day care homes to provide a revised maximum authorized extended capacity for group day care homes that is applicable through July 1, 2027. Provides that the revised maximum extended capacity rules adopted by the Department shall, at a minimum, allow one caregiver and 2 assistants to have the option of caring for 2 additional children who are 30 months of age or older, as well as 2 additional children who are attending school full-time, notwithstanding any other provision of the Act. Requires the revised rules not only to provide that the second full-time assistant shall be present at all times when there are more than 12 children in the home, but also to prohibit the total capacity of the group day care home from exceeding 16 children. Effective immediately. LRB104 08351 BAB 18402 b LRB104 08351 BAB 18402 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3346 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7 from Ch. 23, par. 2217
225 ILCS 10/7 from Ch. 23, par. 2217
Amends the Child Care Act of 1969. Directs the Department of Children and Family Services to amend its rules establishing licensing standards for group day care homes to provide a revised maximum authorized extended capacity for group day care homes that is applicable through July 1, 2027. Provides that the revised maximum extended capacity rules adopted by the Department shall, at a minimum, allow one caregiver and 2 assistants to have the option of caring for 2 additional children who are 30 months of age or older, as well as 2 additional children who are attending school full-time, notwithstanding any other provision of the Act. Requires the revised rules not only to provide that the second full-time assistant shall be present at all times when there are more than 12 children in the home, but also to prohibit the total capacity of the group day care home from exceeding 16 children. Effective immediately.
LRB104 08351 BAB 18402 b LRB104 08351 BAB 18402 b
LRB104 08351 BAB 18402 b
A BILL FOR
HB3346LRB104 08351 BAB 18402 b HB3346 LRB104 08351 BAB 18402 b
HB3346 LRB104 08351 BAB 18402 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 as follows:
6 (225 ILCS 10/7) (from Ch. 23, par. 2217)
7 (Text of Section before 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 and that
11 are equally applicable to like institutions under the control
12 of the Department and to foster family homes used by and under
13 the direct supervision of the Department. The Department shall
14 seek the advice and assistance of persons representative of
15 the various types of child care facilities in establishing
16 such standards. The standards prescribed and published under
17 this Act take effect as provided in the Illinois
18 Administrative Procedure Act, and are restricted to
19 regulations pertaining to the following matters and to any
20 rules and regulations required or permitted by any other
21 Section of this Act:
22 (1) The operation and conduct of the facility and
23 responsibility it assumes for child care;
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3346 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7 from Ch. 23, par. 2217
225 ILCS 10/7 from Ch. 23, par. 2217
Amends the Child Care Act of 1969. Directs the Department of Children and Family Services to amend its rules establishing licensing standards for group day care homes to provide a revised maximum authorized extended capacity for group day care homes that is applicable through July 1, 2027. Provides that the revised maximum extended capacity rules adopted by the Department shall, at a minimum, allow one caregiver and 2 assistants to have the option of caring for 2 additional children who are 30 months of age or older, as well as 2 additional children who are attending school full-time, notwithstanding any other provision of the Act. Requires the revised rules not only to provide that the second full-time assistant shall be present at all times when there are more than 12 children in the home, but also to prohibit the total capacity of the group day care home from exceeding 16 children. Effective immediately.
LRB104 08351 BAB 18402 b LRB104 08351 BAB 18402 b
LRB104 08351 BAB 18402 b
A BILL FOR
225 ILCS 10/7 from Ch. 23, par. 2217
LRB104 08351 BAB 18402 b
HB3346 LRB104 08351 BAB 18402 b
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1 (2) The character, suitability and qualifications of
2 the applicant and other persons directly responsible for
3 the care and welfare of children served. All child day
4 care center licensees and employees who are required to
5 report child abuse or neglect under the Abused and
6 Neglected Child Reporting Act shall be required to attend
7 training on recognizing child abuse and neglect, as
8 prescribed by Department rules;
9 (3) The general financial ability and competence of
10 the applicant to provide necessary care for children and
11 to maintain prescribed standards;
12 (4) The number of individuals or staff required to
13 insure adequate supervision and care of the children
14 received. The standards shall provide that each child care
15 institution, maternity center, day care center, group
16 home, day care home, and group day care home shall have on
17 its premises during its hours of operation at least one
18 staff member certified in first aid, in the Heimlich
19 maneuver and in cardiopulmonary resuscitation by the
20 American Red Cross or other organization approved by rule
21 of the Department. Child welfare agencies shall not be
22 subject to such a staffing requirement. The Department may
23 offer, or arrange for the offering, on a periodic basis in
24 each community in this State in cooperation with the
25 American Red Cross, the American Heart Association or
26 other appropriate organization, voluntary programs to
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1 train operators of foster family homes and day care homes
2 in first aid and cardiopulmonary resuscitation;
3 (5) The appropriateness, safety, cleanliness, and
4 general adequacy of the premises, including maintenance of
5 adequate fire prevention and health standards conforming
6 to State laws and municipal codes to provide for the
7 physical comfort, care, and well-being of children
8 received;
9 (6) Provisions for food, clothing, educational
10 opportunities, program, equipment and individual supplies
11 to assure the healthy physical, mental, and spiritual
12 development of children served;
13 (7) Provisions to safeguard the legal rights of
14 children served;
15 (8) Maintenance of records pertaining to the
16 admission, progress, health, and discharge of children,
17 including, for day care centers and day care homes,
18 records indicating each child has been immunized as
19 required by State regulations. The Department shall
20 require proof that children enrolled in a facility have
21 been immunized against Haemophilus Influenzae B (HIB);
22 (9) Filing of reports with the Department;
23 (10) Discipline of children;
24 (11) Protection and fostering of the particular
25 religious faith of the children served;
26 (12) Provisions prohibiting firearms on day care
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1 center premises except in the possession of peace
2 officers;
3 (13) Provisions prohibiting handguns on day care home
4 premises except in the possession of peace officers or
5 other adults who must possess a handgun as a condition of
6 employment and who reside on the premises of a day care
7 home;
8 (14) Provisions requiring that any firearm permitted
9 on day care home premises, except handguns in the
10 possession of peace officers, shall be kept in a
11 disassembled state, without ammunition, in locked storage,
12 inaccessible to children and that ammunition permitted on
13 day care home premises shall be kept in locked storage
14 separate from that of disassembled firearms, inaccessible
15 to children;
16 (15) Provisions requiring notification of parents or
17 guardians enrolling children at a day care home of the
18 presence in the day care home of any firearms and
19 ammunition and of the arrangements for the separate,
20 locked storage of such firearms and ammunition;
21 (16) Provisions requiring all licensed child care
22 facility employees who care for newborns and infants to
23 complete training every 3 years on the nature of sudden
24 unexpected infant death (SUID), sudden infant death
25 syndrome (SIDS), and the safe sleep recommendations of the
26 American Academy of Pediatrics; and
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1 (17) With respect to foster family homes, provisions
2 requiring the Department to review quality of care
3 concerns and to consider those concerns in determining
4 whether a foster family home is qualified to care for
5 children.
6 By July 1, 2022, all licensed day care home providers,
7 licensed group day care home providers, and licensed day care
8 center directors and classroom staff shall participate in at
9 least one training that includes the topics of early childhood
10 social emotional learning, infant and early childhood mental
11 health, early childhood trauma, or adverse childhood
12 experiences. Current licensed providers, directors, and
13 classroom staff shall complete training by July 1, 2022 and
14 shall participate in training that includes the above topics
15 at least once every 3 years.
16 (b) If, in a facility for general child care, there are
17 children diagnosed as mentally ill or children diagnosed as
18 having an intellectual or physical disability, who are
19 determined to be in need of special mental treatment or of
20 nursing care, or both mental treatment and nursing care, the
21 Department shall seek the advice and recommendation of the
22 Department of Human Services, the Department of Public Health,
23 or both Departments regarding the residential treatment and
24 nursing care provided by the institution.
25 (c) The Department shall investigate any person applying
26 to be licensed as a foster parent to determine whether there is
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1 any evidence of current drug or alcohol abuse in the
2 prospective foster family. The Department shall not license a
3 person as a foster parent if drug or alcohol abuse has been
4 identified in the foster family or if a reasonable suspicion
5 of such abuse exists, except that the Department may grant a
6 foster parent license to an applicant identified with an
7 alcohol or drug problem if the applicant has successfully
8 participated in an alcohol or drug treatment program,
9 self-help group, or other suitable activities and if the
10 Department determines that the foster family home can provide
11 a safe, appropriate environment and meet the physical and
12 emotional needs of children.
13 (d) The Department, in applying standards prescribed and
14 published, as herein provided, shall offer consultation
15 through employed staff or other qualified persons to assist
16 applicants and licensees in meeting and maintaining minimum
17 requirements for a license and to help them otherwise to
18 achieve programs of excellence related to the care of children
19 served. Such consultation shall include providing information
20 concerning education and training in early childhood
21 development to providers of day care home services. The
22 Department may provide or arrange for such education and
23 training for those providers who request such assistance.
24 (e) The Department shall distribute copies of licensing
25 standards to all licensees and applicants for a license. Each
26 licensee or holder of a permit shall distribute copies of the
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1 appropriate licensing standards and any other information
2 required by the Department to child care facilities under its
3 supervision. Each licensee or holder of a permit shall
4 maintain appropriate documentation of the distribution of the
5 standards. Such documentation shall be part of the records of
6 the facility and subject to inspection by authorized
7 representatives of the Department.
8 (f) The Department shall prepare summaries of day care
9 licensing standards. Each licensee or holder of a permit for a
10 day care facility shall distribute a copy of the appropriate
11 summary and any other information required by the Department,
12 to the legal guardian of each child cared for in that facility
13 at the time when the child is enrolled or initially placed in
14 the facility. The licensee or holder of a permit for a day care
15 facility shall secure appropriate documentation of the
16 distribution of the summary and brochure. Such documentation
17 shall be a part of the records of the facility and subject to
18 inspection by an authorized representative of the Department.
19 (g) The Department shall distribute to each licensee and
20 holder of a permit copies of the licensing or permit standards
21 applicable to such person's facility. Each licensee or holder
22 of a permit shall make available by posting at all times in a
23 common or otherwise accessible area a complete and current set
24 of licensing standards in order that all employees of the
25 facility may have unrestricted access to such standards. All
26 employees of the facility shall have reviewed the standards
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1 and any subsequent changes. Each licensee or holder of a
2 permit shall maintain appropriate documentation of the current
3 review of licensing standards by all employees. Such records
4 shall be part of the records of the facility and subject to
5 inspection by authorized representatives of the Department.
6 (h) Any standards involving physical examinations,
7 immunization, or medical treatment shall include appropriate
8 exemptions for children whose parents object thereto on the
9 grounds that they conflict with the tenets and practices of a
10 recognized church or religious organization, of which the
11 parent is an adherent or member, and for children who should
12 not be subjected to immunization for clinical reasons.
13 (i) The Department, in cooperation with the Department of
14 Public Health, shall work to increase immunization awareness
15 and participation among parents of children enrolled in day
16 care centers and day care homes by publishing on the
17 Department's website information about the benefits of
18 immunization against vaccine preventable diseases, including
19 influenza and pertussis. The information for vaccine
20 preventable diseases shall include the incidence and severity
21 of the diseases, the availability of vaccines, and the
22 importance of immunizing children and persons who frequently
23 have close contact with children. The website content shall be
24 reviewed annually in collaboration with the Department of
25 Public Health to reflect the most current recommendations of
26 the Advisory Committee on Immunization Practices (ACIP). The
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1 Department shall work with day care centers and day care homes
2 licensed under this Act to ensure that the information is
3 annually distributed to parents in August or September.
4 (j) Any standard adopted by the Department that requires
5 an applicant for a license to operate a day care home to
6 include a copy of a high school diploma or equivalent
7 certificate with the person's application shall be deemed to
8 be satisfied if the applicant includes a copy of a high school
9 diploma or equivalent certificate or a copy of a degree from an
10 accredited institution of higher education or vocational
11 institution or equivalent certificate.
12 (k) As soon as practical after the effective date of this
13 amendatory Act of the 104th General Assembly, the Department
14 shall amend its rules establishing licensing standards for
15 group day care homes to provide a revised maximum authorized
16 extended capacity for group day care homes that is applicable
17 through July 1, 2027. The revised maximum extended capacity
18 rules adopted by the Department in its amended rules shall
19 allow one caregiver and 2 assistants to have the option of
20 caring for 2 additional children who are 30 months of age or
21 older, as well as 2 additional children who are attending
22 school full-time, notwithstanding any other provision of this
23 Act. The revised rules shall also provide that the second
24 assistant shall be present at all times when there are more
25 than 12 children in the home and shall prohibit the total
26 capacity of the group day care home from exceeding 16
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1 children.
2 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
3 (Text of Section after amendment by P.A. 103-594)
4 Sec. 7. (a) The Department must prescribe and publish
5 minimum standards for licensing that apply to the various
6 types of facilities for child care defined in this Act (other
7 than a day care center, day care home, or group day care home)
8 and that are equally applicable to like institutions under the
9 control of the Department and to foster family homes used by
10 and under the direct supervision of the Department. The
11 Department shall seek the advice and assistance of persons
12 representative of the various types of child care facilities
13 in establishing such standards. The standards prescribed and
14 published under this Act take effect as provided in the
15 Illinois Administrative Procedure Act, and are restricted to
16 regulations pertaining to the following matters and to any
17 rules and regulations required or permitted by any other
18 Section of this Act:
19 (1) The operation and conduct of the facility and
20 responsibility it assumes for child care;
21 (2) The character, suitability and qualifications of
22 the applicant and other persons directly responsible for
23 the care and welfare of children served.;
24 (3) The general financial ability and competence of
25 the applicant to provide necessary care for children and
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1 to maintain prescribed standards;
2 (4) The number of individuals or staff required to
3 insure adequate supervision and care of the children
4 received. The standards shall provide that each child care
5 institution, maternity center, and group home shall have
6 on its premises during its hours of operation at least one
7 staff member certified in first aid, in the Heimlich
8 maneuver and in cardiopulmonary resuscitation by the
9 American Red Cross or other organization approved by rule
10 of the Department. Child welfare agencies shall not be
11 subject to such a staffing requirement. The Department may
12 offer, or arrange for the offering, on a periodic basis in
13 each community in this State in cooperation with the
14 American Red Cross, the American Heart Association or
15 other appropriate organization, voluntary programs to
16 train operators of foster family homes and day care homes
17 in first aid and cardiopulmonary resuscitation;
18 (5) The appropriateness, safety, cleanliness, and
19 general adequacy of the premises, including maintenance of
20 adequate fire prevention and health standards conforming
21 to State laws and municipal codes to provide for the
22 physical comfort, care, and well-being of children
23 received;
24 (6) Provisions for food, clothing, educational
25 opportunities, program, equipment and individual supplies
26 to assure the healthy physical, mental, and spiritual
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1 development of children served;
2 (7) Provisions to safeguard the legal rights of
3 children served;
4 (8) Maintenance of records pertaining to the
5 admission, progress, health, and discharge of children.
6 The Department shall require proof that children enrolled
7 in a facility (other than a day care center, day care home,
8 or group day care home) have been immunized against
9 Haemophilus Influenzae B (HIB);
10 (9) Filing of reports with the Department;
11 (10) Discipline of children;
12 (11) Protection and fostering of the particular
13 religious faith of the children served;
14 (12) (Blank);
15 (13) (Blank);
16 (14) (Blank);
17 (15) (Blank);
18 (16) Provisions requiring all licensed child care
19 facility employees who care for newborns and infants to
20 complete training every 3 years on the nature of sudden
21 unexpected infant death (SUID), sudden infant death
22 syndrome (SIDS), and the safe sleep recommendations of the
23 American Academy of Pediatrics (other than employees of a
24 day care center, day care home, or group day care home);
25 and
26 (17) With respect to foster family homes, provisions
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1 requiring the Department to review quality of care
2 concerns and to consider those concerns in determining
3 whether a foster family home is qualified to care for
4 children.
5 (b) If, in a facility for general child care (other than a
6 day care center, day care home, or group day care home), there
7 are children diagnosed as mentally ill or children diagnosed
8 as having an intellectual or physical disability, who are
9 determined to be in need of special mental treatment or of
10 nursing care, or both mental treatment and nursing care, the
11 Department shall seek the advice and recommendation of the
12 Department of Human Services, the Department of Public Health,
13 or both Departments regarding the residential treatment and
14 nursing care provided by the institution.
15 (c) The Department shall investigate any person applying
16 to be licensed as a foster parent to determine whether there is
17 any evidence of current drug or alcohol abuse in the
18 prospective foster family. The Department shall not license a
19 person as a foster parent if drug or alcohol abuse has been
20 identified in the foster family or if a reasonable suspicion
21 of such abuse exists, except that the Department may grant a
22 foster parent license to an applicant identified with an
23 alcohol or drug problem if the applicant has successfully
24 participated in an alcohol or drug treatment program,
25 self-help group, or other suitable activities and if the
26 Department determines that the foster family home can provide
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1 a safe, appropriate environment and meet the physical and
2 emotional needs of children.
3 (d) The Department, in applying standards prescribed and
4 published, as herein provided, shall offer consultation
5 through employed staff or other qualified persons to assist
6 applicants and licensees (other than applicants and licensees
7 of a day care center, day care home, or group day care home) in
8 meeting and maintaining minimum requirements for a license and
9 to help them otherwise to achieve programs of excellence
10 related to the care of children served. Such consultation
11 shall include providing information concerning education and
12 training in early childhood development to providers of day
13 care home services. The Department may provide or arrange for
14 such education and training for those providers who request
15 such assistance (other than providers at a day care center,
16 day care home, or group day care home).
17 (e) The Department shall distribute copies of licensing
18 standards to all licensees and applicants for a license (other
19 than licensees and applicants of a day care center, day care
20 home, or group day care home). Each licensee or holder of a
21 permit shall distribute copies of the appropriate licensing
22 standards and any other information required by the Department
23 to child care facilities under its supervision. Each licensee
24 or holder of a permit shall maintain appropriate documentation
25 of the distribution of the standards. Such documentation shall
26 be part of the records of the facility and subject to
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1 inspection by authorized representatives of the Department.
2 (f) (Blank).
3 (g) The Department shall distribute to each licensee and
4 holder of a permit copies of the licensing or permit standards
5 applicable to such person's facility (other than a day care
6 center, day care home, or group day care home). Each licensee
7 or holder of a permit shall make available by posting at all
8 times in a common or otherwise accessible area a complete and
9 current set of licensing standards in order that all employees
10 of the facility may have unrestricted access to such
11 standards. All employees of the facility shall have reviewed
12 the standards and any subsequent changes. Each licensee or
13 holder of a permit shall maintain appropriate documentation of
14 the current review of licensing standards by all employees.
15 Such records shall be part of the records of the facility and
16 subject to inspection by authorized representatives of the
17 Department.
18 (h) Any standards (other than standards of a day care
19 center, day care home, or group day care home) involving
20 physical examinations, immunization, or medical treatment
21 shall include appropriate exemptions for children whose
22 parents object thereto on the grounds that they conflict with
23 the tenets and practices of a recognized church or religious
24 organization, of which the parent is an adherent or member,
25 and for children who should not be subjected to immunization
26 for clinical reasons.
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1 (i) (Blank).
2 (j) (Blank).
3 (k) As soon as practical after the effective date of this
4 amendatory Act of the 104th General Assembly, the Department
5 shall amend its rules establishing licensing standards for
6 group day care homes to provide a revised maximum authorized
7 extended capacity for group day care homes that is applicable
8 through July 1, 2027. The revised maximum extended capacity
9 rules adopted by the Department in its amended rules shall
10 allow one caregiver and 2 assistants to have the option of
11 caring for 2 additional children who are 30 months of age or
12 older, as well as 2 additional children who are attending
13 school full-time, notwithstanding any other provision of this
14 Act. The revised rules shall also provide that the second
15 assistant shall be present at all times when there are more
16 than 12 children in the home and shall prohibit the total
17 capacity of the group day care home from exceeding 16
18 children.
19 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23;
20 103-594, eff. 7-1-26.)
21 Section 95. No acceleration or delay. Where this Act makes
22 changes in a statute that is represented in this Act by text
23 that is not yet or no longer in effect (for example, a Section
24 represented by multiple versions), the use of that text does
25 not accelerate or delay the taking effect of (i) the changes
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1 made by this Act or (ii) provisions derived from any other
2 Public Act.
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