Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1438 Introduced 1/31/2025, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: 225 ILCS 10/2.06 from Ch. 23, par. 2212.06225 ILCS 10/2.16a new225 ILCS 10/2.16b new225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.1225 ILCS 10/7 from Ch. 23, par. 2217225 ILCS 10/7.11 new Amends the Child Care Act of 1969. Defines "group home for the developmentally or intellectually disabled" and "child who resides in a group home for the developmentally or intellectually disabled". Excludes a group home for the developmentally or intellectually disabled from the definition of "child care institution". Adds a group home for the developmentally or intellectually disabled to provisions concerning child care facility requirements, including licensing standards, license applications, and transportation. Provides that no group home for the developmentally or intellectually disabled shall hire a staff member who is under 19 years of age. Effective immediately. LRB104 06258 AAS 16293 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1438 Introduced 1/31/2025, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: 225 ILCS 10/2.06 from Ch. 23, par. 2212.06225 ILCS 10/2.16a new225 ILCS 10/2.16b new225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.1225 ILCS 10/7 from Ch. 23, par. 2217225 ILCS 10/7.11 new 225 ILCS 10/2.06 from Ch. 23, par. 2212.06 225 ILCS 10/2.16a new 225 ILCS 10/2.16b new 225 ILCS 10/5 from Ch. 23, par. 2215 225 ILCS 10/5.1 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7.11 new Amends the Child Care Act of 1969. Defines "group home for the developmentally or intellectually disabled" and "child who resides in a group home for the developmentally or intellectually disabled". Excludes a group home for the developmentally or intellectually disabled from the definition of "child care institution". Adds a group home for the developmentally or intellectually disabled to provisions concerning child care facility requirements, including licensing standards, license applications, and transportation. Provides that no group home for the developmentally or intellectually disabled shall hire a staff member who is under 19 years of age. Effective immediately. LRB104 06258 AAS 16293 b LRB104 06258 AAS 16293 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1438 Introduced 1/31/2025, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 10/2.06 from Ch. 23, par. 2212.06225 ILCS 10/2.16a new225 ILCS 10/2.16b new225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.1225 ILCS 10/7 from Ch. 23, par. 2217225 ILCS 10/7.11 new 225 ILCS 10/2.06 from Ch. 23, par. 2212.06 225 ILCS 10/2.16a new 225 ILCS 10/2.16b new 225 ILCS 10/5 from Ch. 23, par. 2215 225 ILCS 10/5.1 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7.11 new
4	4	225 ILCS 10/2.06 from Ch. 23, par. 2212.06
5	5	225 ILCS 10/2.16a new
6	6	225 ILCS 10/2.16b new
7	7	225 ILCS 10/5 from Ch. 23, par. 2215
8	8	225 ILCS 10/5.1
9	9	225 ILCS 10/7 from Ch. 23, par. 2217
10	10	225 ILCS 10/7.11 new
11	11	Amends the Child Care Act of 1969. Defines "group home for the developmentally or intellectually disabled" and "child who resides in a group home for the developmentally or intellectually disabled". Excludes a group home for the developmentally or intellectually disabled from the definition of "child care institution". Adds a group home for the developmentally or intellectually disabled to provisions concerning child care facility requirements, including licensing standards, license applications, and transportation. Provides that no group home for the developmentally or intellectually disabled shall hire a staff member who is under 19 years of age. Effective immediately.
12	12	LRB104 06258 AAS 16293 b LRB104 06258 AAS 16293 b
13	13	LRB104 06258 AAS 16293 b
14	14	A BILL FOR
15	15	SB1438LRB104 06258 AAS 16293 b SB1438 LRB104 06258 AAS 16293 b
16	16	SB1438 LRB104 06258 AAS 16293 b
17	17	1 AN ACT concerning regulation.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Child Care Act of 1969 is amended by
21	21	5 changing Sections 2.06, 5, 5.1, and 7 and by adding Sections
22	22	6 2.16a, 2.16b, and 7.11 as follows:
23	23	7 (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
24	24	8 Sec. 2.06. "Child care institution" means a child care
25	25	9 facility where more than 7 children are received and
26	26	10 maintained for the purpose of providing them with care or
27	27	11 training or both. The term "child care institution" includes
28	28	12 residential schools, primarily serving ambulatory children
29	29	13 with disabilities, and those operating a full calendar year,
30	30	14 but does not include:
31	31	15 (a) any State-operated institution for child care
32	32	16 established by legislative action;
33	33	17 (b) any juvenile detention or shelter care home
34	34	18 established and operated by any county or child protection
35	35	19 district established under the "Child Protection Act";
36	36	20 (c) any institution, home, place or facility operating
37	37	21 under a license pursuant to the Nursing Home Care Act, the
38	38	22 Specialized Mental Health Rehabilitation Act of 2013, the
39	39	23 ID/DD Community Care Act, or the MC/DD Act;
40	40
41	41
42	42
43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1438 Introduced 1/31/2025, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
44	44	225 ILCS 10/2.06 from Ch. 23, par. 2212.06225 ILCS 10/2.16a new225 ILCS 10/2.16b new225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.1225 ILCS 10/7 from Ch. 23, par. 2217225 ILCS 10/7.11 new 225 ILCS 10/2.06 from Ch. 23, par. 2212.06 225 ILCS 10/2.16a new 225 ILCS 10/2.16b new 225 ILCS 10/5 from Ch. 23, par. 2215 225 ILCS 10/5.1 225 ILCS 10/7 from Ch. 23, par. 2217 225 ILCS 10/7.11 new
45	45	225 ILCS 10/2.06 from Ch. 23, par. 2212.06
46	46	225 ILCS 10/2.16a new
47	47	225 ILCS 10/2.16b new
48	48	225 ILCS 10/5 from Ch. 23, par. 2215
49	49	225 ILCS 10/5.1
50	50	225 ILCS 10/7 from Ch. 23, par. 2217
51	51	225 ILCS 10/7.11 new
52	52	Amends the Child Care Act of 1969. Defines "group home for the developmentally or intellectually disabled" and "child who resides in a group home for the developmentally or intellectually disabled". Excludes a group home for the developmentally or intellectually disabled from the definition of "child care institution". Adds a group home for the developmentally or intellectually disabled to provisions concerning child care facility requirements, including licensing standards, license applications, and transportation. Provides that no group home for the developmentally or intellectually disabled shall hire a staff member who is under 19 years of age. Effective immediately.
53	53	LRB104 06258 AAS 16293 b LRB104 06258 AAS 16293 b
54	54	LRB104 06258 AAS 16293 b
55	55	A BILL FOR
56	56
57	57
58	58
59	59
60	60
61	61	225 ILCS 10/2.06 from Ch. 23, par. 2212.06
62	62	225 ILCS 10/2.16a new
63	63	225 ILCS 10/2.16b new
64	64	225 ILCS 10/5 from Ch. 23, par. 2215
65	65	225 ILCS 10/5.1
66	66	225 ILCS 10/7 from Ch. 23, par. 2217
67	67	225 ILCS 10/7.11 new
68	68
69	69
70	70
71	71	LRB104 06258 AAS 16293 b
72	72
73	73
74	74
75	75
76	76
77	77
78	78
79	79
80	80
81	81	SB1438 LRB104 06258 AAS 16293 b
82	82
83	83
84	84	SB1438- 2 -LRB104 06258 AAS 16293 b SB1438 - 2 - LRB104 06258 AAS 16293 b
85	85	SB1438 - 2 - LRB104 06258 AAS 16293 b
86	86	1 (d) any bona fide boarding school in which children
87	87	2 are primarily taught branches of education corresponding
88	88	3 to those taught in public schools, grades one through 12,
89	89	4 or taught in public elementary schools, high schools, or
90	90	5 both elementary and high schools, and which operates on a
91	91	6 regular academic school year basis;
92	92	7 (e) any facility licensed as a "group home" as defined
93	93	8 in this Act; or
94	94	9 (f) any qualified residential treatment program; or
95	95	10 (g) any facility licensed as a "group home for the
96	96	11 developmentally or intellectually disabled" as defined in
97	97	12 this Act.
98	98	13 (Source: P.A. 103-564, eff. 11-17-23.)
99	99	14 (225 ILCS 10/2.16a new)
100	100	15 Sec. 2.16a. Group home for the developmentally or
101	101	16 intellectually disabled. "Group home for the developmentally
102	102	17 or intellectually disabled" means a child care facility that
103	103	18 provides residential care to no more than 8 developmentally or
104	104	19 intellectually disabled children in a single location, which
105	105	20 is placed by and under the supervision of a licensed child
106	106	21 welfare agency, the Department of Human Services, or a school
107	107	22 district with the homes being owned, rented, staffed,
108	108	23 maintained, or otherwise operated by the agency.
109	109	24 (225 ILCS 10/2.16b new)
110	110
111	111
112	112
113	113
114	114
115	115	SB1438 - 2 - LRB104 06258 AAS 16293 b
116	116
117	117
118	118	SB1438- 3 -LRB104 06258 AAS 16293 b SB1438 - 3 - LRB104 06258 AAS 16293 b
119	119	SB1438 - 3 - LRB104 06258 AAS 16293 b
120	120	1 Sec. 2.16b. Child who resides in a group home for the
121	121	2 developmentally or intellectually disabled. "Child who resides
122	122	3 in a group home for the developmentally or intellectually
123	123	4 disabled" means a child up to the age of 22 who, due to a
124	124	5 developmental or intellectual disability, needs special
125	125	6 education and related services.
126	126	7 (225 ILCS 10/5) (from Ch. 23, par. 2215)
127	127	8 (Text of Section before amendment by P.A. 103-594)
128	128	9 Sec. 5. (a) In respect to child care institutions,
129	129	10 maternity centers, child welfare agencies, day care centers,
130	130	11 day care agencies, and group homes, and group homes for the
131	131	12 developmentally or intellectually disabled, the Department,
132	132	13 upon receiving application filed in proper order, shall
133	133	14 examine the facilities and persons responsible for care of
134	134	15 children therein.
135	135	16 (b) In respect to foster family and day care homes,
136	136	17 applications may be filed on behalf of such homes by a licensed
137	137	18 child welfare agency, by a State agency authorized to place
138	138	19 children in foster care or by out-of-State agencies approved
139	139	20 by the Department to place children in this State. In respect
140	140	21 to day care homes, applications may be filed on behalf of such
141	141	22 homes by a licensed day care agency or licensed child welfare
142	142	23 agency. In applying for license in behalf of a home in which
143	143	24 children are placed by and remain under supervision of the
144	144	25 applicant agency, such agency shall certify that the home and
145	145
146	146
147	147
148	148
149	149
150	150	SB1438 - 3 - LRB104 06258 AAS 16293 b
151	151
152	152
153	153	SB1438- 4 -LRB104 06258 AAS 16293 b SB1438 - 4 - LRB104 06258 AAS 16293 b
154	154	SB1438 - 4 - LRB104 06258 AAS 16293 b
155	155	1 persons responsible for care of unrelated children therein, or
156	156	2 the home and relatives, as defined in Section 2.17 of this Act,
157	157	3 responsible for the care of related children therein, were
158	158	4 found to be in reasonable compliance with standards prescribed
159	159	5 by the Department for the type of care indicated.
160	160	6 (c) The Department shall not allow any person to examine
161	161	7 facilities under a provision of this Act who has not passed an
162	162	8 examination demonstrating that such person is familiar with
163	163	9 this Act and with the appropriate standards and regulations of
164	164	10 the Department.
165	165	11 (d) With the exception of day care centers, day care
166	166	12 homes, and group day care homes, licenses shall be issued in
167	167	13 such form and manner as prescribed by the Department and are
168	168	14 valid for 4 years from the date issued, unless revoked by the
169	169	15 Department or voluntarily surrendered by the licensee.
170	170	16 Licenses issued for day care centers, day care homes, and
171	171	17 group day care homes shall be valid for 3 years from the date
172	172	18 issued, unless revoked by the Department or voluntarily
173	173	19 surrendered by the licensee. When a licensee has made timely
174	174	20 and sufficient application for the renewal of a license or a
175	175	21 new license with reference to any activity of a continuing
176	176	22 nature, the existing license shall continue in full force and
177	177	23 effect for up to 30 days until the final agency decision on the
178	178	24 application has been made. The Department may further extend
179	179	25 the period in which such decision must be made in individual
180	180	26 cases for up to 30 days, but such extensions shall be only upon
181	181
182	182
183	183
184	184
185	185
186	186	SB1438 - 4 - LRB104 06258 AAS 16293 b
187	187
188	188
189	189	SB1438- 5 -LRB104 06258 AAS 16293 b SB1438 - 5 - LRB104 06258 AAS 16293 b
190	190	SB1438 - 5 - LRB104 06258 AAS 16293 b
191	191	1 good cause shown.
192	192	2 (e) The Department may issue one 6-month permit to a newly
193	193	3 established facility for child care to allow that facility
194	194	4 reasonable time to become eligible for a full license. If the
195	195	5 facility for child care is a foster family home, or day care
196	196	6 home the Department may issue one 2-month permit only.
197	197	7 (f) The Department may issue an emergency permit to a
198	198	8 child care facility taking in children as a result of the
199	199	9 temporary closure for more than 2 weeks of a licensed child
200	200	10 care facility due to a natural disaster. An emergency permit
201	201	11 under this subsection shall be issued to a facility only if the
202	202	12 persons providing child care services at the facility were
203	203	13 employees of the temporarily closed day care center at the
204	204	14 time it was closed. No investigation of an employee of a child
205	205	15 care facility receiving an emergency permit under this
206	206	16 subsection shall be required if that employee has previously
207	207	17 been investigated at another child care facility. No emergency
208	208	18 permit issued under this subsection shall be valid for more
209	209	19 than 90 days after the date of issuance.
210	210	20 (g) During the hours of operation of any licensed child
211	211	21 care facility, authorized representatives of the Department
212	212	22 may without notice visit the facility for the purpose of
213	213	23 determining its continuing compliance with this Act or
214	214	24 regulations adopted pursuant thereto.
215	215	25 (h) Day care centers, day care homes, and group day care
216	216	26 homes shall be monitored at least annually by a licensing
217	217
218	218
219	219
220	220
221	221
222	222	SB1438 - 5 - LRB104 06258 AAS 16293 b
223	223
224	224
225	225	SB1438- 6 -LRB104 06258 AAS 16293 b SB1438 - 6 - LRB104 06258 AAS 16293 b
226	226	SB1438 - 6 - LRB104 06258 AAS 16293 b
227	227	1 representative from the Department or the agency that
228	228	2 recommended licensure.
229	229	3 (Source: P.A. 98-804, eff. 1-1-15.)
230	230	4 (Text of Section after amendment by P.A. 103-594)
231	231	5 Sec. 5. (a) This Section does not apply to any day care
232	232	6 center, day care home, or group day care home.
233	233	7 In respect to child care institutions, maternity centers,
234	234	8 child welfare agencies, and group homes, and group homes for
235	235	9 the developmentally or intellectually disabled, the
236	236	10 Department, upon receiving application filed in proper order,
237	237	11 shall examine the facilities and persons responsible for care
238	238	12 of children therein.
239	239	13 (b) In respect to foster family homes, applications may be
240	240	14 filed on behalf of such homes by a licensed child welfare
241	241	15 agency, by a State agency authorized to place children in
242	242	16 foster care or by out-of-State agencies approved by the
243	243	17 Department to place children in this State. In applying for
244	244	18 license in behalf of a home in which children are placed by and
245	245	19 remain under supervision of the applicant agency, such agency
246	246	20 shall certify that the home and persons responsible for care
247	247	21 of unrelated children therein, or the home and relatives, as
248	248	22 defined in Section 2.17 of this Act, responsible for the care
249	249	23 of related children therein, were found to be in reasonable
250	250	24 compliance with standards prescribed by the Department for the
251	251	25 type of care indicated.
252	252
253	253
254	254
255	255
256	256
257	257	SB1438 - 6 - LRB104 06258 AAS 16293 b
258	258
259	259
260	260	SB1438- 7 -LRB104 06258 AAS 16293 b SB1438 - 7 - LRB104 06258 AAS 16293 b
261	261	SB1438 - 7 - LRB104 06258 AAS 16293 b
262	262	1 (c) The Department shall not allow any person to examine
263	263	2 facilities under a provision of this Act who has not passed an
264	264	3 examination demonstrating that such person is familiar with
265	265	4 this Act and with the appropriate standards and regulations of
266	266	5 the Department.
267	267	6 (d) Licenses shall be issued in such form and manner as
268	268	7 prescribed by the Department and are valid for 4 years from the
269	269	8 date issued, unless revoked by the Department or voluntarily
270	270	9 surrendered by the licensee. When a licensee has made timely
271	271	10 and sufficient application for the renewal of a license or a
272	272	11 new license with reference to any activity of a continuing
273	273	12 nature, the existing license shall continue in full force and
274	274	13 effect for up to 30 days until the final agency decision on the
275	275	14 application has been made. The Department may further extend
276	276	15 the period in which such decision must be made in individual
277	277	16 cases for up to 30 days, but such extensions shall be only upon
278	278	17 good cause shown.
279	279	18 (e) The Department may issue one 6-month permit to a newly
280	280	19 established facility for child care to allow that facility
281	281	20 reasonable time to become eligible for a full license. If the
282	282	21 facility for child care is a foster family home, the
283	283	22 Department may issue one 2-month permit only.
284	284	23 (f) The Department may issue an emergency permit to a
285	285	24 child care facility taking in children as a result of the
286	286	25 temporary closure for more than 2 weeks of a licensed child
287	287	26 care facility due to a natural disaster. An emergency permit
288	288
289	289
290	290
291	291
292	292
293	293	SB1438 - 7 - LRB104 06258 AAS 16293 b
294	294
295	295
296	296	SB1438- 8 -LRB104 06258 AAS 16293 b SB1438 - 8 - LRB104 06258 AAS 16293 b
297	297	SB1438 - 8 - LRB104 06258 AAS 16293 b
298	298	1 under this subsection shall be issued to a facility only if the
299	299	2 persons providing child care services at the facility were
300	300	3 employees of the temporarily closed facility at the time it
301	301	4 was closed. No investigation of an employee of a child care
302	302	5 facility receiving an emergency permit under this subsection
303	303	6 shall be required if that employee has previously been
304	304	7 investigated at another child care facility. No emergency
305	305	8 permit issued under this subsection shall be valid for more
306	306	9 than 90 days after the date of issuance.
307	307	10 (g) During the hours of operation of any licensed child
308	308	11 care facility, authorized representatives of the Department
309	309	12 may without notice visit the facility for the purpose of
310	310	13 determining its continuing compliance with this Act or
311	311	14 regulations adopted pursuant thereto.
312	312	15 (h) (Blank).
313	313	16 (Source: P.A. 103-594, eff. 7-1-26.)
314	314	17 (225 ILCS 10/5.1)
315	315	18 (Text of Section before amendment by P.A. 103-594)
316	316	19 Sec. 5.1. (a) The Department shall ensure that no day care
317	317	20 center, group home, group home for the developmentally or
318	318	21 intellectually disabled, or child care institution as defined
319	319	22 in this Act shall on a regular basis transport a child or
320	320	23 children with any motor vehicle unless such vehicle is
321	321	24 operated by a person who complies with the following
322	322	25 requirements:
323	323
324	324
325	325
326	326
327	327
328	328	SB1438 - 8 - LRB104 06258 AAS 16293 b
329	329
330	330
331	331	SB1438- 9 -LRB104 06258 AAS 16293 b SB1438 - 9 - LRB104 06258 AAS 16293 b
332	332	SB1438 - 9 - LRB104 06258 AAS 16293 b
333	333	1 1. is 21 years of age or older;
334	334	2 2. currently holds a valid driver's license, which has
335	335	3 not been revoked or suspended for one or more traffic
336	336	4 violations during the 3 years immediately prior to the
337	337	5 date of application;
338	338	6 3. demonstrates physical fitness to operate vehicles
339	339	7 by submitting the results of a medical examination
340	340	8 conducted by a licensed physician;
341	341	9 4. has not been convicted of more than 2 offenses
342	342	10 against traffic regulations governing the movement of
343	343	11 vehicles within a 12-month period;
344	344	12 5. has not been convicted of reckless driving or
345	345	13 driving under the influence or manslaughter or reckless
346	346	14 homicide resulting from the operation of a motor vehicle
347	347	15 within the past 3 years;
348	348	16 6. has signed and submitted a written statement
349	349	17 certifying that the person has not, through the unlawful
350	350	18 operation of a motor vehicle, caused a crash which
351	351	19 resulted in the death of any person within the 5 years
352	352	20 immediately prior to the date of application.
353	353	21 However, such day care centers, group homes, group homes
354	354	22 for the developmentally or intellectually disabled, and child
355	355	23 care institutions may provide for transportation of a child or
356	356	24 children for special outings, functions, or purposes that are
357	357	25 not scheduled on a regular basis without verification that
358	358	26 drivers for such purposes meet the requirements of this
359	359
360	360
361	361
362	362
363	363
364	364	SB1438 - 9 - LRB104 06258 AAS 16293 b
365	365
366	366
367	367	SB1438- 10 -LRB104 06258 AAS 16293 b SB1438 - 10 - LRB104 06258 AAS 16293 b
368	368	SB1438 - 10 - LRB104 06258 AAS 16293 b
369	369	1 Section.
370	370	2 (a-5) As a means of ensuring compliance with the
371	371	3 requirements set forth in subsection (a), the Department shall
372	372	4 implement appropriate measures to verify that every individual
373	373	5 who is employed at a group home, group home for the
374	374	6 developmentally or intellectually disabled, or child care
375	375	7 institution meets those requirements.
376	376	8 For every person employed at a group home, group home for
377	377	9 the developmentally or intellectually disabled, or child care
378	378	10 institution who regularly transports children in the course of
379	379	11 performing the person's duties, the Department must make the
380	380	12 verification every 2 years. Upon the Department's request, the
381	381	13 Secretary of State shall provide the Department with the
382	382	14 information necessary to enable the Department to make the
383	383	15 verifications required under subsection (a).
384	384	16 In the case of an individual employed at a group home,
385	385	17 group home for the developmentally or intellectually disabled,
386	386	18 or child care institution who becomes subject to subsection
387	387	19 (a) for the first time after January 1, 2007 (the effective
388	388	20 date of Public Act 94-943), the Department must make that
389	389	21 verification with the Secretary of State before the individual
390	390	22 operates a motor vehicle to transport a child or children
391	391	23 under the circumstances described in subsection (a).
392	392	24 In the case of an individual employed at a group home,
393	393	25 group home for the developmentally or intellectually disabled,
394	394	26 or child care institution who is subject to subsection (a) on
395	395
396	396
397	397
398	398
399	399
400	400	SB1438 - 10 - LRB104 06258 AAS 16293 b
401	401
402	402
403	403	SB1438- 11 -LRB104 06258 AAS 16293 b SB1438 - 11 - LRB104 06258 AAS 16293 b
404	404	SB1438 - 11 - LRB104 06258 AAS 16293 b
405	405	1 January 1, 2007 (the effective date of Public Act 94-943), the
406	406	2 Department must make that verification with the Secretary of
407	407	3 State within 30 days after January 1, 2007.
408	408	4 If the Department discovers that an individual fails to
409	409	5 meet the requirements set forth in subsection (a), the
410	410	6 Department shall promptly notify the appropriate group home,
411	411	7 group home for the developmentally or intellectually disabled,
412	412	8 or child care institution.
413	413	9 (b) Any individual who holds a valid Illinois school bus
414	414	10 driver permit issued by the Secretary of State pursuant to the
415	415	11 Illinois Vehicle Code, and who is currently employed by a
416	416	12 school district or parochial school, or by a contractor with a
417	417	13 school district or parochial school, to drive a school bus
418	418	14 transporting children to and from school, shall be deemed in
419	419	15 compliance with the requirements of subsection (a).
420	420	16 (c) The Department may, pursuant to Section 8 of this Act,
421	421	17 revoke the license of any day care center, group home, group
422	422	18 home for the developmentally or intellectually disabled, or
423	423	19 child care institution that fails to meet the requirements of
424	424	20 this Section.
425	425	21 (d) A group home or child care institution that fails to
426	426	22 meet the requirements of this Section is guilty of a petty
427	427	23 offense and is subject to a fine of not more than $1,000. Each
428	428	24 day that a group home, group home for the developmentally or
429	429	25 intellectually disabled, or child care institution fails to
430	430	26 meet the requirements of this Section is a separate offense.
431	431
432	432
433	433
434	434
435	435
436	436	SB1438 - 11 - LRB104 06258 AAS 16293 b
437	437
438	438
439	439	SB1438- 12 -LRB104 06258 AAS 16293 b SB1438 - 12 - LRB104 06258 AAS 16293 b
440	440	SB1438 - 12 - LRB104 06258 AAS 16293 b
441	441	1 (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
442	442	2 103-605, eff. 7-1-24.)
443	443	3 (Text of Section after amendment by P.A. 103-594)
444	444	4 Sec. 5.1. (a) The Department shall ensure that no group
445	445	5 home, group home for the developmentally or intellectually
446	446	6 disabled, or child care institution as defined in this Act
447	447	7 shall on a regular basis transport a child or children with any
448	448	8 motor vehicle unless such vehicle is operated by a person who
449	449	9 complies with the following requirements:
450	450	10 1. is 21 years of age or older;
451	451	11 2. currently holds a valid driver's license, which has
452	452	12 not been revoked or suspended for one or more traffic
453	453	13 violations during the 3 years immediately prior to the
454	454	14 date of application;
455	455	15 3. demonstrates physical fitness to operate vehicles
456	456	16 by submitting the results of a medical examination
457	457	17 conducted by a licensed physician;
458	458	18 4. has not been convicted of more than 2 offenses
459	459	19 against traffic regulations governing the movement of
460	460	20 vehicles within a 12-month period;
461	461	21 5. has not been convicted of reckless driving or
462	462	22 driving under the influence or manslaughter or reckless
463	463	23 homicide resulting from the operation of a motor vehicle
464	464	24 within the past 3 years;
465	465	25 6. has signed and submitted a written statement
466	466
467	467
468	468
469	469
470	470
471	471	SB1438 - 12 - LRB104 06258 AAS 16293 b
472	472
473	473
474	474	SB1438- 13 -LRB104 06258 AAS 16293 b SB1438 - 13 - LRB104 06258 AAS 16293 b
475	475	SB1438 - 13 - LRB104 06258 AAS 16293 b
476	476	1 certifying that the person has not, through the unlawful
477	477	2 operation of a motor vehicle, caused a crash which
478	478	3 resulted in the death of any person within the 5 years
479	479	4 immediately prior to the date of application.
480	480	5 However, such group homes, group homes for the
481	481	6 developmentally or intellectually disabled, and child care
482	482	7 institutions may provide for transportation of a child or
483	483	8 children for special outings, functions, or purposes that are
484	484	9 not scheduled on a regular basis without verification that
485	485	10 drivers for such purposes meet the requirements of this
486	486	11 Section.
487	487	12 (a-5) As a means of ensuring compliance with the
488	488	13 requirements set forth in subsection (a), the Department shall
489	489	14 implement appropriate measures to verify that every individual
490	490	15 who is employed at a group home, group home for the
491	491	16 developmentally or intellectually disabled, or child care
492	492	17 institution meets those requirements.
493	493	18 For every person employed at a group home, group home for
494	494	19 the developmentally or intellectually disabled, or child care
495	495	20 institution who regularly transports children in the course of
496	496	21 performing the person's duties, the Department must make the
497	497	22 verification every 2 years. Upon the Department's request, the
498	498	23 Secretary of State shall provide the Department with the
499	499	24 information necessary to enable the Department to make the
500	500	25 verifications required under subsection (a).
501	501	26 In the case of an individual employed at a group home,
502	502
503	503
504	504
505	505
506	506
507	507	SB1438 - 13 - LRB104 06258 AAS 16293 b
508	508
509	509
510	510	SB1438- 14 -LRB104 06258 AAS 16293 b SB1438 - 14 - LRB104 06258 AAS 16293 b
511	511	SB1438 - 14 - LRB104 06258 AAS 16293 b
512	512	1 group home for the developmentally or intellectually disabled,
513	513	2 or child care institution who becomes subject to subsection
514	514	3 (a) for the first time after January 1, 2007 (the effective
515	515	4 date of Public Act 94-943), the Department must make that
516	516	5 verification with the Secretary of State before the individual
517	517	6 operates a motor vehicle to transport a child or children
518	518	7 under the circumstances described in subsection (a).
519	519	8 In the case of an individual employed at a group home,
520	520	9 group home for the developmentally or intellectually disabled,
521	521	10 or child care institution who is subject to subsection (a) on
522	522	11 January 1, 2007 (the effective date of Public Act 94-943), the
523	523	12 Department must make that verification with the Secretary of
524	524	13 State within 30 days after January 1, 2007.
525	525	14 If the Department discovers that an individual fails to
526	526	15 meet the requirements set forth in subsection (a), the
527	527	16 Department shall promptly notify the appropriate group home,
528	528	17 group home for the developmentally or intellectually disabled,
529	529	18 or child care institution.
530	530	19 (b) Any individual who holds a valid Illinois school bus
531	531	20 driver permit issued by the Secretary of State pursuant to the
532	532	21 Illinois Vehicle Code, and who is currently employed by a
533	533	22 school district or parochial school, or by a contractor with a
534	534	23 school district or parochial school, to drive a school bus
535	535	24 transporting children to and from school, shall be deemed in
536	536	25 compliance with the requirements of subsection (a).
537	537	26 (c) The Department may, pursuant to Section 8 of this Act,
538	538
539	539
540	540
541	541
542	542
543	543	SB1438 - 14 - LRB104 06258 AAS 16293 b
544	544
545	545
546	546	SB1438- 15 -LRB104 06258 AAS 16293 b SB1438 - 15 - LRB104 06258 AAS 16293 b
547	547	SB1438 - 15 - LRB104 06258 AAS 16293 b
548	548	1 revoke the license of any group home, group home for the
549	549	2 developmentally or intellectually disabled, or child care
550	550	3 institution that fails to meet the requirements of this
551	551	4 Section.
552	552	5 (d) A group home, group home for the developmentally or
553	553	6 intellectually disabled, or child care institution that fails
554	554	7 to meet the requirements of this Section is guilty of a petty
555	555	8 offense and is subject to a fine of not more than $1,000. Each
556	556	9 day that a group home, group home for the developmentally or
557	557	10 intellectually disabled, or child care institution fails to
558	558	11 meet the requirements of this Section is a separate offense.
559	559	12 (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
560	560	13 103-594, eff. 7-1-26; 103-605, eff. 7-1-24; revised 8-15-24.)
561	561	14 (225 ILCS 10/7) (from Ch. 23, par. 2217)
562	562	15 (Text of Section before amendment by P.A. 103-594)
563	563	16 Sec. 7. (a) The Department must prescribe and publish
564	564	17 minimum standards for licensing that apply to the various
565	565	18 types of facilities for child care defined in this Act and that
566	566	19 are equally applicable to like institutions under the control
567	567	20 of the Department and to foster family homes used by and under
568	568	21 the direct supervision of the Department. The Department shall
569	569	22 seek the advice and assistance of persons representative of
570	570	23 the various types of child care facilities in establishing
571	571	24 such standards. The standards prescribed and published under
572	572	25 this Act take effect as provided in the Illinois
573	573
574	574
575	575
576	576
577	577
578	578	SB1438 - 15 - LRB104 06258 AAS 16293 b
579	579
580	580
581	581	SB1438- 16 -LRB104 06258 AAS 16293 b SB1438 - 16 - LRB104 06258 AAS 16293 b
582	582	SB1438 - 16 - LRB104 06258 AAS 16293 b
583	583	1 Administrative Procedure Act, and are restricted to
584	584	2 regulations pertaining to the following matters and to any
585	585	3 rules and regulations required or permitted by any other
586	586	4 Section of this Act:
587	587	5 (1) The operation and conduct of the facility and
588	588	6 responsibility it assumes for child care;
589	589	7 (2) The character, suitability and qualifications of
590	590	8 the applicant and other persons directly responsible for
591	591	9 the care and welfare of children served. All child day
592	592	10 care center licensees and employees who are required to
593	593	11 report child abuse or neglect under the Abused and
594	594	12 Neglected Child Reporting Act shall be required to attend
595	595	13 training on recognizing child abuse and neglect, as
596	596	14 prescribed by Department rules;
597	597	15 (3) The general financial ability and competence of
598	598	16 the applicant to provide necessary care for children and
599	599	17 to maintain prescribed standards;
600	600	18 (4) The number of individuals or staff required to
601	601	19 insure adequate supervision and care of the children
602	602	20 received. The standards shall provide that each child care
603	603	21 institution, maternity center, day care center, group
604	604	22 home, group home for the developmentally or intellectually
605	605	23 disabled, day care home, and group day care home shall
606	606	24 have on its premises during its hours of operation at
607	607	25 least one staff member certified in first aid, in the
608	608	26 Heimlich maneuver and in cardiopulmonary resuscitation by
609	609
610	610
611	611
612	612
613	613
614	614	SB1438 - 16 - LRB104 06258 AAS 16293 b
615	615
616	616
617	617	SB1438- 17 -LRB104 06258 AAS 16293 b SB1438 - 17 - LRB104 06258 AAS 16293 b
618	618	SB1438 - 17 - LRB104 06258 AAS 16293 b
619	619	1 the American Red Cross or other organization approved by
620	620	2 rule of the Department. Child welfare agencies shall not
621	621	3 be subject to such a staffing requirement. The Department
622	622	4 may offer, or arrange for the offering, on a periodic
623	623	5 basis in each community in this State in cooperation with
624	624	6 the American Red Cross, the American Heart Association or
625	625	7 other appropriate organization, voluntary programs to
626	626	8 train operators of foster family homes and day care homes
627	627	9 in first aid and cardiopulmonary resuscitation;
628	628	10 (5) The appropriateness, safety, cleanliness, and
629	629	11 general adequacy of the premises, including maintenance of
630	630	12 adequate fire prevention and health standards conforming
631	631	13 to State laws and municipal codes to provide for the
632	632	14 physical comfort, care, and well-being of children
633	633	15 received;
634	634	16 (6) Provisions for food, clothing, educational
635	635	17 opportunities, program, equipment and individual supplies
636	636	18 to assure the healthy physical, mental, and spiritual
637	637	19 development of children served;
638	638	20 (7) Provisions to safeguard the legal rights of
639	639	21 children served;
640	640	22 (8) Maintenance of records pertaining to the
641	641	23 admission, progress, health, and discharge of children,
642	642	24 including, for day care centers and day care homes,
643	643	25 records indicating each child has been immunized as
644	644	26 required by State regulations. The Department shall
645	645
646	646
647	647
648	648
649	649
650	650	SB1438 - 17 - LRB104 06258 AAS 16293 b
651	651
652	652
653	653	SB1438- 18 -LRB104 06258 AAS 16293 b SB1438 - 18 - LRB104 06258 AAS 16293 b
654	654	SB1438 - 18 - LRB104 06258 AAS 16293 b
655	655	1 require proof that children enrolled in a facility have
656	656	2 been immunized against Haemophilus Influenzae B (HIB);
657	657	3 (9) Filing of reports with the Department;
658	658	4 (10) Discipline of children;
659	659	5 (11) Protection and fostering of the particular
660	660	6 religious faith of the children served;
661	661	7 (12) Provisions prohibiting firearms on day care
662	662	8 center premises except in the possession of peace
663	663	9 officers;
664	664	10 (13) Provisions prohibiting handguns on day care home
665	665	11 premises except in the possession of peace officers or
666	666	12 other adults who must possess a handgun as a condition of
667	667	13 employment and who reside on the premises of a day care
668	668	14 home;
669	669	15 (14) Provisions requiring that any firearm permitted
670	670	16 on day care home premises, except handguns in the
671	671	17 possession of peace officers, shall be kept in a
672	672	18 disassembled state, without ammunition, in locked storage,
673	673	19 inaccessible to children and that ammunition permitted on
674	674	20 day care home premises shall be kept in locked storage
675	675	21 separate from that of disassembled firearms, inaccessible
676	676	22 to children;
677	677	23 (15) Provisions requiring notification of parents or
678	678	24 guardians enrolling children at a day care home of the
679	679	25 presence in the day care home of any firearms and
680	680	26 ammunition and of the arrangements for the separate,
681	681
682	682
683	683
684	684
685	685
686	686	SB1438 - 18 - LRB104 06258 AAS 16293 b
687	687
688	688
689	689	SB1438- 19 -LRB104 06258 AAS 16293 b SB1438 - 19 - LRB104 06258 AAS 16293 b
690	690	SB1438 - 19 - LRB104 06258 AAS 16293 b
691	691	1 locked storage of such firearms and ammunition;
692	692	2 (16) Provisions requiring all licensed child care
693	693	3 facility employees who care for newborns and infants to
694	694	4 complete training every 3 years on the nature of sudden
695	695	5 unexpected infant death (SUID), sudden infant death
696	696	6 syndrome (SIDS), and the safe sleep recommendations of the
697	697	7 American Academy of Pediatrics; and
698	698	8 (17) With respect to foster family homes, provisions
699	699	9 requiring the Department to review quality of care
700	700	10 concerns and to consider those concerns in determining
701	701	11 whether a foster family home is qualified to care for
702	702	12 children.
703	703	13 By July 1, 2022, all licensed day care home providers,
704	704	14 licensed group day care home providers, and licensed day care
705	705	15 center directors and classroom staff shall participate in at
706	706	16 least one training that includes the topics of early childhood
707	707	17 social emotional learning, infant and early childhood mental
708	708	18 health, early childhood trauma, or adverse childhood
709	709	19 experiences. Current licensed providers, directors, and
710	710	20 classroom staff shall complete training by July 1, 2022 and
711	711	21 shall participate in training that includes the above topics
712	712	22 at least once every 3 years.
713	713	23 (b) If, in a facility for general child care, there are
714	714	24 children diagnosed as mentally ill or children diagnosed as
715	715	25 having an intellectual or physical disability, who are
716	716	26 determined to be in need of special mental treatment or of
717	717
718	718
719	719
720	720
721	721
722	722	SB1438 - 19 - LRB104 06258 AAS 16293 b
723	723
724	724
725	725	SB1438- 20 -LRB104 06258 AAS 16293 b SB1438 - 20 - LRB104 06258 AAS 16293 b
726	726	SB1438 - 20 - LRB104 06258 AAS 16293 b
727	727	1 nursing care, or both mental treatment and nursing care, the
728	728	2 Department shall seek the advice and recommendation of the
729	729	3 Department of Human Services, the Department of Public Health,
730	730	4 or both Departments regarding the residential treatment and
731	731	5 nursing care provided by the institution.
732	732	6 (c) The Department shall investigate any person applying
733	733	7 to be licensed as a foster parent to determine whether there is
734	734	8 any evidence of current drug or alcohol abuse in the
735	735	9 prospective foster family. The Department shall not license a
736	736	10 person as a foster parent if drug or alcohol abuse has been
737	737	11 identified in the foster family or if a reasonable suspicion
738	738	12 of such abuse exists, except that the Department may grant a
739	739	13 foster parent license to an applicant identified with an
740	740	14 alcohol or drug problem if the applicant has successfully
741	741	15 participated in an alcohol or drug treatment program,
742	742	16 self-help group, or other suitable activities and if the
743	743	17 Department determines that the foster family home can provide
744	744	18 a safe, appropriate environment and meet the physical and
745	745	19 emotional needs of children.
746	746	20 (d) The Department, in applying standards prescribed and
747	747	21 published, as herein provided, shall offer consultation
748	748	22 through employed staff or other qualified persons to assist
749	749	23 applicants and licensees in meeting and maintaining minimum
750	750	24 requirements for a license and to help them otherwise to
751	751	25 achieve programs of excellence related to the care of children
752	752	26 served. Such consultation shall include providing information
753	753
754	754
755	755
756	756
757	757
758	758	SB1438 - 20 - LRB104 06258 AAS 16293 b
759	759
760	760
761	761	SB1438- 21 -LRB104 06258 AAS 16293 b SB1438 - 21 - LRB104 06258 AAS 16293 b
762	762	SB1438 - 21 - LRB104 06258 AAS 16293 b
763	763	1 concerning education and training in early childhood
764	764	2 development to providers of day care home services. The
765	765	3 Department may provide or arrange for such education and
766	766	4 training for those providers who request such assistance.
767	767	5 (e) The Department shall distribute copies of licensing
768	768	6 standards to all licensees and applicants for a license. Each
769	769	7 licensee or holder of a permit shall distribute copies of the
770	770	8 appropriate licensing standards and any other information
771	771	9 required by the Department to child care facilities under its
772	772	10 supervision. Each licensee or holder of a permit shall
773	773	11 maintain appropriate documentation of the distribution of the
774	774	12 standards. Such documentation shall be part of the records of
775	775	13 the facility and subject to inspection by authorized
776	776	14 representatives of the Department.
777	777	15 (f) The Department shall prepare summaries of day care
778	778	16 licensing standards. Each licensee or holder of a permit for a
779	779	17 day care facility shall distribute a copy of the appropriate
780	780	18 summary and any other information required by the Department,
781	781	19 to the legal guardian of each child cared for in that facility
782	782	20 at the time when the child is enrolled or initially placed in
783	783	21 the facility. The licensee or holder of a permit for a day care
784	784	22 facility shall secure appropriate documentation of the
785	785	23 distribution of the summary and brochure. Such documentation
786	786	24 shall be a part of the records of the facility and subject to
787	787	25 inspection by an authorized representative of the Department.
788	788	26 (g) The Department shall distribute to each licensee and
789	789
790	790
791	791
792	792
793	793
794	794	SB1438 - 21 - LRB104 06258 AAS 16293 b
795	795
796	796
797	797	SB1438- 22 -LRB104 06258 AAS 16293 b SB1438 - 22 - LRB104 06258 AAS 16293 b
798	798	SB1438 - 22 - LRB104 06258 AAS 16293 b
799	799	1 holder of a permit copies of the licensing or permit standards
800	800	2 applicable to such person's facility. Each licensee or holder
801	801	3 of a permit shall make available by posting at all times in a
802	802	4 common or otherwise accessible area a complete and current set
803	803	5 of licensing standards in order that all employees of the
804	804	6 facility may have unrestricted access to such standards. All
805	805	7 employees of the facility shall have reviewed the standards
806	806	8 and any subsequent changes. Each licensee or holder of a
807	807	9 permit shall maintain appropriate documentation of the current
808	808	10 review of licensing standards by all employees. Such records
809	809	11 shall be part of the records of the facility and subject to
810	810	12 inspection by authorized representatives of the Department.
811	811	13 (h) Any standards involving physical examinations,
812	812	14 immunization, or medical treatment shall include appropriate
813	813	15 exemptions for children whose parents object thereto on the
814	814	16 grounds that they conflict with the tenets and practices of a
815	815	17 recognized church or religious organization, of which the
816	816	18 parent is an adherent or member, and for children who should
817	817	19 not be subjected to immunization for clinical reasons.
818	818	20 (i) The Department, in cooperation with the Department of
819	819	21 Public Health, shall work to increase immunization awareness
820	820	22 and participation among parents of children enrolled in day
821	821	23 care centers and day care homes by publishing on the
822	822	24 Department's website information about the benefits of
823	823	25 immunization against vaccine preventable diseases, including
824	824	26 influenza and pertussis. The information for vaccine
825	825
826	826
827	827
828	828
829	829
830	830	SB1438 - 22 - LRB104 06258 AAS 16293 b
831	831
832	832
833	833	SB1438- 23 -LRB104 06258 AAS 16293 b SB1438 - 23 - LRB104 06258 AAS 16293 b
834	834	SB1438 - 23 - LRB104 06258 AAS 16293 b
835	835	1 preventable diseases shall include the incidence and severity
836	836	2 of the diseases, the availability of vaccines, and the
837	837	3 importance of immunizing children and persons who frequently
838	838	4 have close contact with children. The website content shall be
839	839	5 reviewed annually in collaboration with the Department of
840	840	6 Public Health to reflect the most current recommendations of
841	841	7 the Advisory Committee on Immunization Practices (ACIP). The
842	842	8 Department shall work with day care centers and day care homes
843	843	9 licensed under this Act to ensure that the information is
844	844	10 annually distributed to parents in August or September.
845	845	11 (j) Any standard adopted by the Department that requires
846	846	12 an applicant for a license to operate a day care home to
847	847	13 include a copy of a high school diploma or equivalent
848	848	14 certificate with the person's application shall be deemed to
849	849	15 be satisfied if the applicant includes a copy of a high school
850	850	16 diploma or equivalent certificate or a copy of a degree from an
851	851	17 accredited institution of higher education or vocational
852	852	18 institution or equivalent certificate.
853	853	19 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
854	854	20 (Text of Section after amendment by P.A. 103-594)
855	855	21 Sec. 7. (a) The Department must prescribe and publish
856	856	22 minimum standards for licensing that apply to the various
857	857	23 types of facilities for child care defined in this Act (other
858	858	24 than a day care center, day care home, or group day care home)
859	859	25 and that are equally applicable to like institutions under the
860	860
861	861
862	862
863	863
864	864
865	865	SB1438 - 23 - LRB104 06258 AAS 16293 b
866	866
867	867
868	868	SB1438- 24 -LRB104 06258 AAS 16293 b SB1438 - 24 - LRB104 06258 AAS 16293 b
869	869	SB1438 - 24 - LRB104 06258 AAS 16293 b
870	870	1 control of the Department and to foster family homes used by
871	871	2 and under the direct supervision of the Department. The
872	872	3 Department shall seek the advice and assistance of persons
873	873	4 representative of the various types of child care facilities
874	874	5 in establishing such standards. The standards prescribed and
875	875	6 published under this Act take effect as provided in the
876	876	7 Illinois Administrative Procedure Act, and are restricted to
877	877	8 regulations pertaining to the following matters and to any
878	878	9 rules and regulations required or permitted by any other
879	879	10 Section of this Act:
880	880	11 (1) The operation and conduct of the facility and
881	881	12 responsibility it assumes for child care;
882	882	13 (2) The character, suitability and qualifications of
883	883	14 the applicant and other persons directly responsible for
884	884	15 the care and welfare of children served.;
885	885	16 (3) The general financial ability and competence of
886	886	17 the applicant to provide necessary care for children and
887	887	18 to maintain prescribed standards;
888	888	19 (4) The number of individuals or staff required to
889	889	20 insure adequate supervision and care of the children
890	890	21 received. The standards shall provide that each child care
891	891	22 institution, maternity center, and group home, and group
892	892	23 home for the developmentally or intellectually disabled
893	893	24 shall have on its premises during its hours of operation
894	894	25 at least one staff member certified in first aid, in the
895	895	26 Heimlich maneuver and in cardiopulmonary resuscitation by
896	896
897	897
898	898
899	899
900	900
901	901	SB1438 - 24 - LRB104 06258 AAS 16293 b
902	902
903	903
904	904	SB1438- 25 -LRB104 06258 AAS 16293 b SB1438 - 25 - LRB104 06258 AAS 16293 b
905	905	SB1438 - 25 - LRB104 06258 AAS 16293 b
906	906	1 the American Red Cross or other organization approved by
907	907	2 rule of the Department. Child welfare agencies shall not
908	908	3 be subject to such a staffing requirement. The Department
909	909	4 may offer, or arrange for the offering, on a periodic
910	910	5 basis in each community in this State in cooperation with
911	911	6 the American Red Cross, the American Heart Association or
912	912	7 other appropriate organization, voluntary programs to
913	913	8 train operators of foster family homes and day care homes
914	914	9 in first aid and cardiopulmonary resuscitation;
915	915	10 (5) The appropriateness, safety, cleanliness, and
916	916	11 general adequacy of the premises, including maintenance of
917	917	12 adequate fire prevention and health standards conforming
918	918	13 to State laws and municipal codes to provide for the
919	919	14 physical comfort, care, and well-being of children
920	920	15 received;
921	921	16 (6) Provisions for food, clothing, educational
922	922	17 opportunities, program, equipment and individual supplies
923	923	18 to assure the healthy physical, mental, and spiritual
924	924	19 development of children served;
925	925	20 (7) Provisions to safeguard the legal rights of
926	926	21 children served;
927	927	22 (8) Maintenance of records pertaining to the
928	928	23 admission, progress, health, and discharge of children.
929	929	24 The Department shall require proof that children enrolled
930	930	25 in a facility (other than a day care center, day care home,
931	931	26 or group day care home) have been immunized against
932	932
933	933
934	934
935	935
936	936
937	937	SB1438 - 25 - LRB104 06258 AAS 16293 b
938	938
939	939
940	940	SB1438- 26 -LRB104 06258 AAS 16293 b SB1438 - 26 - LRB104 06258 AAS 16293 b
941	941	SB1438 - 26 - LRB104 06258 AAS 16293 b
942	942	1 Haemophilus Influenzae B (HIB);
943	943	2 (9) Filing of reports with the Department;
944	944	3 (10) Discipline of children;
945	945	4 (11) Protection and fostering of the particular
946	946	5 religious faith of the children served;
947	947	6 (12) (Blank);
948	948	7 (13) (Blank);
949	949	8 (14) (Blank);
950	950	9 (15) (Blank);
951	951	10 (16) Provisions requiring all licensed child care
952	952	11 facility employees who care for newborns and infants to
953	953	12 complete training every 3 years on the nature of sudden
954	954	13 unexpected infant death (SUID), sudden infant death
955	955	14 syndrome (SIDS), and the safe sleep recommendations of the
956	956	15 American Academy of Pediatrics (other than employees of a
957	957	16 day care center, day care home, or group day care home);
958	958	17 and
959	959	18 (17) With respect to foster family homes, provisions
960	960	19 requiring the Department to review quality of care
961	961	20 concerns and to consider those concerns in determining
962	962	21 whether a foster family home is qualified to care for
963	963	22 children.
964	964	23 (b) If, in a facility for general child care (other than a
965	965	24 day care center, day care home, or group day care home), there
966	966	25 are children diagnosed as mentally ill or children diagnosed
967	967	26 as having an intellectual or physical disability, who are
968	968
969	969
970	970
971	971
972	972
973	973	SB1438 - 26 - LRB104 06258 AAS 16293 b
974	974
975	975
976	976	SB1438- 27 -LRB104 06258 AAS 16293 b SB1438 - 27 - LRB104 06258 AAS 16293 b
977	977	SB1438 - 27 - LRB104 06258 AAS 16293 b
978	978	1 determined to be in need of special mental treatment or of
979	979	2 nursing care, or both mental treatment and nursing care, the
980	980	3 Department shall seek the advice and recommendation of the
981	981	4 Department of Human Services, the Department of Public Health,
982	982	5 or both Departments regarding the residential treatment and
983	983	6 nursing care provided by the institution.
984	984	7 (c) The Department shall investigate any person applying
985	985	8 to be licensed as a foster parent to determine whether there is
986	986	9 any evidence of current drug or alcohol abuse in the
987	987	10 prospective foster family. The Department shall not license a
988	988	11 person as a foster parent if drug or alcohol abuse has been
989	989	12 identified in the foster family or if a reasonable suspicion
990	990	13 of such abuse exists, except that the Department may grant a
991	991	14 foster parent license to an applicant identified with an
992	992	15 alcohol or drug problem if the applicant has successfully
993	993	16 participated in an alcohol or drug treatment program,
994	994	17 self-help group, or other suitable activities and if the
995	995	18 Department determines that the foster family home can provide
996	996	19 a safe, appropriate environment and meet the physical and
997	997	20 emotional needs of children.
998	998	21 (d) The Department, in applying standards prescribed and
999	999	22 published, as herein provided, shall offer consultation
1000	1000	23 through employed staff or other qualified persons to assist
1001	1001	24 applicants and licensees (other than applicants and licensees
1002	1002	25 of a day care center, day care home, or group day care home) in
1003	1003	26 meeting and maintaining minimum requirements for a license and
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008
1009	1009	SB1438 - 27 - LRB104 06258 AAS 16293 b
1010	1010
1011	1011
1012	1012	SB1438- 28 -LRB104 06258 AAS 16293 b SB1438 - 28 - LRB104 06258 AAS 16293 b
1013	1013	SB1438 - 28 - LRB104 06258 AAS 16293 b
1014	1014	1 to help them otherwise to achieve programs of excellence
1015	1015	2 related to the care of children served. Such consultation
1016	1016	3 shall include providing information concerning education and
1017	1017	4 training in early childhood development to providers of day
1018	1018	5 care home services. The Department may provide or arrange for
1019	1019	6 such education and training for those providers who request
1020	1020	7 such assistance (other than providers at a day care center,
1021	1021	8 day care home, or group day care home).
1022	1022	9 (e) The Department shall distribute copies of licensing
1023	1023	10 standards to all licensees and applicants for a license (other
1024	1024	11 than licensees and applicants of a day care center, day care
1025	1025	12 home, or group day care home). Each licensee or holder of a
1026	1026	13 permit shall distribute copies of the appropriate licensing
1027	1027	14 standards and any other information required by the Department
1028	1028	15 to child care facilities under its supervision. Each licensee
1029	1029	16 or holder of a permit shall maintain appropriate documentation
1030	1030	17 of the distribution of the standards. Such documentation shall
1031	1031	18 be part of the records of the facility and subject to
1032	1032	19 inspection by authorized representatives of the Department.
1033	1033	20 (f) (Blank).
1034	1034	21 (g) The Department shall distribute to each licensee and
1035	1035	22 holder of a permit copies of the licensing or permit standards
1036	1036	23 applicable to such person's facility (other than a day care
1037	1037	24 center, day care home, or group day care home). Each licensee
1038	1038	25 or holder of a permit shall make available by posting at all
1039	1039	26 times in a common or otherwise accessible area a complete and
1040	1040
1041	1041
1042	1042
1043	1043
1044	1044
1045	1045	SB1438 - 28 - LRB104 06258 AAS 16293 b
1046	1046
1047	1047
1048	1048	SB1438- 29 -LRB104 06258 AAS 16293 b SB1438 - 29 - LRB104 06258 AAS 16293 b
1049	1049	SB1438 - 29 - LRB104 06258 AAS 16293 b
1050	1050	1 current set of licensing standards in order that all employees
1051	1051	2 of the facility may have unrestricted access to such
1052	1052	3 standards. All employees of the facility shall have reviewed
1053	1053	4 the standards and any subsequent changes. Each licensee or
1054	1054	5 holder of a permit shall maintain appropriate documentation of
1055	1055	6 the current review of licensing standards by all employees.
1056	1056	7 Such records shall be part of the records of the facility and
1057	1057	8 subject to inspection by authorized representatives of the
1058	1058	9 Department.
1059	1059	10 (h) Any standards (other than standards of a day care
1060	1060	11 center, day care home, or group day care home) involving
1061	1061	12 physical examinations, immunization, or medical treatment
1062	1062	13 shall include appropriate exemptions for children whose
1063	1063	14 parents object thereto on the grounds that they conflict with
1064	1064	15 the tenets and practices of a recognized church or religious
1065	1065	16 organization, of which the parent is an adherent or member,
1066	1066	17 and for children who should not be subjected to immunization
1067	1067	18 for clinical reasons.
1068	1068	19 (i) (Blank).
1069	1069	20 (j) (Blank).
1070	1070	21 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23;
1071	1071	22 103-594, eff. 7-1-26.)
1072	1072	23 (225 ILCS 10/7.11 new)
1073	1073	24 Sec. 7.11. Staff age requirement at a group home for the
1074	1074	25 developmentally or intellectually disabled. No group home for
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079
1080	1080	SB1438 - 29 - LRB104 06258 AAS 16293 b
1081	1081
1082	1082
1083	1083	SB1438- 30 -LRB104 06258 AAS 16293 b SB1438 - 30 - LRB104 06258 AAS 16293 b
1084	1084	SB1438 - 30 - LRB104 06258 AAS 16293 b
1085	1085	1 the developmentally or intellectually disabled shall hire a
1086	1086	2 staff member who is under 19 years of age.
1087	1087	3 Section 95. No acceleration or delay. Where this Act makes
1088	1088	4 changes in a statute that is represented in this Act by text
1089	1089	5 that is not yet or no longer in effect (for example, a Section
1090	1090	6 represented by multiple versions), the use of that text does
1091	1091	7 not accelerate or delay the taking effect of (i) the changes
1092	1092	8 made by this Act or (ii) provisions derived from any other
1093	1093	9 Public Act.
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098
1099	1099	SB1438 - 30 - LRB104 06258 AAS 16293 b