Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2446 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 SB2446 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.1 from Ch. 23, par. 2214.1225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.01225 ILCS 10/7.10225 ILCS 10/9.1c325 ILCS 50/5 from Ch. 23, par. 2285 Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department's consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child's identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified. LRB104 08655 AAS 18709 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2446 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 225 ILCS 10/4.1 from Ch. 23, par. 2214.1225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.01225 ILCS 10/7.10225 ILCS 10/9.1c325 ILCS 50/5 from Ch. 23, par. 2285 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/5 from Ch. 23, par. 2215 225 ILCS 10/5.01 225 ILCS 10/7.10 225 ILCS 10/9.1c 325 ILCS 50/5 from Ch. 23, par. 2285 Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department's consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child's identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified. LRB104 08655 AAS 18709 b LRB104 08655 AAS 18709 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2446 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
33 225 ILCS 10/4.1 from Ch. 23, par. 2214.1225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.01225 ILCS 10/7.10225 ILCS 10/9.1c325 ILCS 50/5 from Ch. 23, par. 2285 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/5 from Ch. 23, par. 2215 225 ILCS 10/5.01 225 ILCS 10/7.10 225 ILCS 10/9.1c 325 ILCS 50/5 from Ch. 23, par. 2285
44 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
55 225 ILCS 10/5 from Ch. 23, par. 2215
66 225 ILCS 10/5.01
77 225 ILCS 10/7.10
88 225 ILCS 10/9.1c
99 325 ILCS 50/5 from Ch. 23, par. 2285
1010 Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department's consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child's identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified.
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1616 1 AN ACT concerning regulation.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Child Care Act of 1969 is amended by
2020 5 changing Sections 4.1, 5, 5.01, 7.10 and 9.1c as follows:
2121 6 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
2222 7 (Text of Section before amendment by P.A. 103-594)
2323 8 Sec. 4.1. Criminal background investigations. The
2424 9 Department shall require that each child care facility license
2525 10 applicant as part of the application process, and each
2626 11 employee and volunteer of a child care facility or
2727 12 non-licensed service provider, as a condition of employment,
2828 13 authorize an investigation every 5 years, as required under
2929 14 the Child Care and Development Block Grant, to determine if
3030 15 such applicant, employee, or volunteer has ever been charged
3131 16 with a crime and if so, the disposition of those charges; this
3232 17 authorization shall indicate the scope of the inquiry and the
3333 18 agencies which may be contacted. Upon this authorization, the
3434 19 Director shall request and receive information and assistance
3535 20 from any federal, State or local governmental agency as part
3636 21 of the authorized investigation. Each applicant, employee, or
3737 22 volunteer of a child care facility or non-licensed service
3838 23 provider shall submit the applicant's, employee's, or
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4242 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2446 Introduced 2/7/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
4343 225 ILCS 10/4.1 from Ch. 23, par. 2214.1225 ILCS 10/5 from Ch. 23, par. 2215225 ILCS 10/5.01225 ILCS 10/7.10225 ILCS 10/9.1c325 ILCS 50/5 from Ch. 23, par. 2285 225 ILCS 10/4.1 from Ch. 23, par. 2214.1 225 ILCS 10/5 from Ch. 23, par. 2215 225 ILCS 10/5.01 225 ILCS 10/7.10 225 ILCS 10/9.1c 325 ILCS 50/5 from Ch. 23, par. 2285
4444 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
4545 225 ILCS 10/5 from Ch. 23, par. 2215
4646 225 ILCS 10/5.01
4747 225 ILCS 10/7.10
4848 225 ILCS 10/9.1c
4949 325 ILCS 50/5 from Ch. 23, par. 2285
5050 Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department's consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child's identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified.
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5959 225 ILCS 10/4.1 from Ch. 23, par. 2214.1
6060 225 ILCS 10/5 from Ch. 23, par. 2215
6161 225 ILCS 10/5.01
6262 225 ILCS 10/7.10
6363 225 ILCS 10/9.1c
6464 325 ILCS 50/5 from Ch. 23, par. 2285
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8383 1 volunteer's fingerprints to the Illinois State Police in the
8484 2 form and manner prescribed by the Illinois State Police. These
8585 3 fingerprints shall be checked against the fingerprint records
8686 4 now and hereafter filed in the Illinois State Police and
8787 5 Federal Bureau of Investigation criminal history records
8888 6 databases. The Illinois State Police shall charge a fee for
8989 7 conducting the criminal history records check, which shall be
9090 8 deposited in the State Police Services Fund and shall not
9191 9 exceed the actual cost of the records check. The Illinois
9292 10 State Police shall provide information concerning any criminal
9393 11 charges, and their disposition, now or hereafter filed,
9494 12 against an applicant, employee, or volunteer of a child care
9595 13 facility or non-licensed service provider upon request of the
9696 14 Department of Children and Family Services when the request is
9797 15 made in the form and manner required by the Illinois State
9898 16 Police.
9999 17 Information concerning convictions of a license applicant,
100100 18 employee, or volunteer of a child care facility or
101101 19 non-licensed service provider investigated under this Section,
102102 20 including the source of the information and any conclusions or
103103 21 recommendations derived from the information, shall be
104104 22 provided, upon request, to such applicant, employee, or
105105 23 volunteer of a child care facility or non-licensed service
106106 24 provider prior to final action by the Department on the
107107 25 application. State conviction information provided by the
108108 26 Illinois State Police regarding employees, prospective
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119119 1 employees, or volunteers of non-licensed service providers and
120120 2 child care facilities licensed under this Act shall be
121121 3 provided to the operator of such facility, and, upon request,
122122 4 to the employee, prospective employee, or volunteer of a child
123123 5 care facility or non-licensed service provider. Any
124124 6 information concerning criminal charges and the disposition of
125125 7 such charges obtained by the Department shall be confidential
126126 8 and may not be transmitted outside the Department, except as
127127 9 required herein, and may not be transmitted to anyone within
128128 10 the Department except as needed for the purpose of evaluating
129129 11 an application or an employee or volunteer of a child care
130130 12 facility or non-licensed service provider. Only information
131131 13 and standards which bear a reasonable and rational relation to
132132 14 the performance of a child care facility shall be used by the
133133 15 Department or any licensee. Any employee of the Department of
134134 16 Children and Family Services, Illinois State Police, or a
135135 17 child care facility receiving confidential information under
136136 18 this Section who gives or causes to be given any confidential
137137 19 information concerning any criminal convictions of an
138138 20 applicant, employee, or volunteer of a child care facility or
139139 21 non-licensed service provider, shall be guilty of a Class A
140140 22 misdemeanor unless release of such information is authorized
141141 23 by this Section.
142142 24 The Department of Children and Family Services or the
143143 25 Department of Early Childhood shall allow day care centers,
144144 26 day care homes, and group day care homes to A child care
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155155 1 facility may hire, on a probationary basis, any employee or
156156 2 volunteer of a child care facility or non-licensed service
157157 3 provider authorizing a criminal background investigation under
158158 4 this Section, after completing either: pending the result of
159159 5 such investigation
160160 6 (1) the Federal Bureau of Investigation fingerprint
161161 7 criminal background check; or
162162 8 (2) the Illinois State Police fingerprint criminal
163163 9 background check and a criminal record check of the
164164 10 criminal repository of each state in which the employee or
165165 11 volunteer resided during the preceding 5 years.
166166 12 Pending completion of all background check requirements,
167167 13 the prospective employee or volunteer must be supervised at
168168 14 all times by an individual who received a qualifying result on
169169 15 all background check components. Employees and volunteers of a
170170 16 day care center, day care home, or group day care home child
171171 17 care facility or non-licensed service provider shall be
172172 18 notified prior to hiring that such employment may be
173173 19 terminated on the basis of criminal background information
174174 20 obtained by the facility.
175175 21 No later than July 1, 2026, the Department of Early
176176 22 Childhood shall establish a secure background check portal
177177 23 that is accessible, at minimum, to applicants, child care
178178 24 staff, human resources representatives, and day care licensing
179179 25 representatives and that has the following capabilities:
180180 26 (1) allows individuals to fill out all background
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191191 1 check authorization forms online and upload and submit all
192192 2 documents deemed necessary by the Department of Early
193193 3 Childhood;
194194 4 (2) allows necessary parties to provide electronic
195195 5 signatures on any background check documents;
196196 6 (3) allows individuals to check the status of the
197197 7 background checks;
198198 8 (4) notifies the appropriate individual if information
199199 9 or documents are missing;
200200 10 (5) includes a search feature that allows necessary
201201 11 parties to view if an applicant's background check
202202 12 clearance has been issued within the past 5 years or if the
203203 13 background check has expired;
204204 14 (6) allows necessary parties to view and print any
205205 15 background check clearance letters;
206206 16 (7) allows a background check clearance letter to be
207207 17 tied to more than one license number; and
208208 18 (8) allows applicants to upload a background check
209209 19 clearance letter, if the applicant has lived in another
210210 20 state within the past 5 years, to satisfy the requirement
211211 21 for an interstate background check.
212212 22 The Department of Early Childhood shall also publicize
213213 23 a contact number for its background check unit that allows
214214 24 interested parties to inquire about background checks.
215215 25 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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226226 1 (Text of Section after amendment by P.A. 103-594)
227227 2 Sec. 4.1. Criminal background investigations. The
228228 3 Department of Children and Family Services or the Department
229229 4 of Early Childhood shall require that each child care facility
230230 5 license applicant under the agencies' respective authority as
231231 6 part of the application process, and each employee and
232232 7 volunteer of a child care facility or non-licensed service
233233 8 provider, as a condition of employment, authorize an
234234 9 investigation every 5 years, as required under the Child Care
235235 10 and Development Block Grant, to determine if such applicant,
236236 11 employee, or volunteer has ever been charged with a crime and
237237 12 if so, the disposition of those charges; this authorization
238238 13 shall indicate the scope of the inquiry and the agencies which
239239 14 may be contacted. Upon this authorization, the Director shall
240240 15 request and receive information and assistance from any
241241 16 federal, State or local governmental agency as part of the
242242 17 authorized investigation. Each applicant, employee, or
243243 18 volunteer of a child care facility or non-licensed service
244244 19 provider shall submit the applicant's, employee's, or
245245 20 volunteer's fingerprints to the Illinois State Police in the
246246 21 form and manner prescribed by the Illinois State Police. These
247247 22 fingerprints shall be checked against the fingerprint records
248248 23 now and hereafter filed in the Illinois State Police and
249249 24 Federal Bureau of Investigation criminal history records
250250 25 databases. The Illinois State Police shall charge a fee for
251251 26 conducting the criminal history records check, which shall be
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262262 1 deposited in the State Police Services Fund and shall not
263263 2 exceed the actual cost of the records check. The Illinois
264264 3 State Police shall provide information concerning any criminal
265265 4 charges, and their disposition, now or hereafter filed,
266266 5 against an applicant, employee, or volunteer of a child care
267267 6 facility or non-licensed service provider upon request of the
268268 7 Department of Children and Family Services or the Department
269269 8 of Early Childhood when the request is made in the form and
270270 9 manner required by the Illinois State Police.
271271 10 Information concerning convictions of a license applicant,
272272 11 employee, or volunteer of a child care facility or
273273 12 non-licensed service provider investigated under this Section,
274274 13 including the source of the information and any conclusions or
275275 14 recommendations derived from the information, shall be
276276 15 provided, upon request, to such applicant, employee, or
277277 16 volunteer of a child care facility or non-licensed service
278278 17 provider prior to final action by the Department of Children
279279 18 and Family Services or the Department of Early Childhood under
280280 19 the agencies' respective authority on the application. State
281281 20 conviction information provided by the Illinois State Police
282282 21 regarding employees, prospective employees, or volunteers of
283283 22 non-licensed service providers and child care facilities
284284 23 licensed under this Act shall be provided to the operator of
285285 24 such facility, and, upon request, to the employee, prospective
286286 25 employee, or volunteer of a child care facility or
287287 26 non-licensed service provider. Any information concerning
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298298 1 criminal charges and the disposition of such charges obtained
299299 2 by the Department of Children and Family Services or the
300300 3 Department of Early Childhood shall be confidential and may
301301 4 not be transmitted outside the Department of Children and
302302 5 Family Services or the Department of Early Childhood, except
303303 6 as required herein, and may not be transmitted to anyone
304304 7 within the Department of Children and Family Services or the
305305 8 Department of Early Childhood except as needed for the purpose
306306 9 of evaluating an application or an employee or volunteer of a
307307 10 child care facility or non-licensed service provider. Only
308308 11 information and standards which bear a reasonable and rational
309309 12 relation to the performance of a child care facility shall be
310310 13 used by the Department of Children and Family Services or the
311311 14 Department of Early Childhood or any licensee. Any employee of
312312 15 the Department of Children and Family Services, Department of
313313 16 Early Childhood, Illinois State Police, or a child care
314314 17 facility receiving confidential information under this Section
315315 18 who gives or causes to be given any confidential information
316316 19 concerning any criminal convictions of an applicant, employee,
317317 20 or volunteer of a child care facility or non-licensed service
318318 21 provider, shall be guilty of a Class A misdemeanor unless
319319 22 release of such information is authorized by this Section.
320320 23 The Department of Children and Family Services or the
321321 24 Department of Early Childhood shall allow day care centers,
322322 25 day care homes, and group day care homes to A child care
323323 26 facility may hire, on a probationary basis, any employee or
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334334 1 volunteer of a child care facility or non-licensed service
335335 2 provider authorizing a criminal background investigation under
336336 3 this Section, after completing either: pending the result of
337337 4 such investigation
338338 5 (1) the Federal Bureau of Investigation fingerprint
339339 6 criminal background check; or
340340 7 (2) the Illinois State Police fingerprint criminal
341341 8 background check and a criminal record check of the
342342 9 criminal repository of each state in which the employee or
343343 10 volunteer resided during the preceding 5 years.
344344 11 Pending completion of all background check requirements,
345345 12 the prospective employee or volunteer must be supervised at
346346 13 all times by an individual who received a qualifying result on
347347 14 all background check components. Employees and volunteers of a
348348 15 day care center, day care home, or group day care home child
349349 16 care facility or non-licensed service provider shall be
350350 17 notified prior to hiring that such employment may be
351351 18 terminated on the basis of criminal background information
352352 19 obtained by the facility.
353353 20 No later than July 1, 2026, the Department of Early
354354 21 Childhood shall establish a secure background check portal
355355 22 that is accessible, at minimum, to applicants, child care
356356 23 staff, human resources representatives, and day care licensing
357357 24 representatives and that has the following capabilities:
358358 25 (1) allows individuals to fill out all background
359359 26 check authorization forms online and upload and submit all
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370370 1 documents deemed necessary by the Department of Early
371371 2 Childhood;
372372 3 (2) allows necessary parties to provide electronic
373373 4 signatures on any background check documents;
374374 5 (3) allows individuals to check the status of the
375375 6 background checks;
376376 7 (4) notifies the appropriate individual if information
377377 8 or documents are missing;
378378 9 (5) includes a search feature that allows necessary
379379 10 parties to view if an applicant's background check
380380 11 clearance has been issued within the past 5 years or if the
381381 12 background check has expired;
382382 13 (6) allows necessary parties to view and print any
383383 14 background check clearance letters;
384384 15 (7) allows a background check clearance letter to be
385385 16 tied to more than one license number; and
386386 17 (8) allows applicants to upload a background check
387387 18 clearance letter, if the applicant has lived in another
388388 19 state within the past 5 years, to satisfy the requirement
389389 20 for an interstate background check.
390390 21 The Department of Early Childhood shall also publicize
391391 22 a contact number for its background check unit that allows
392392 23 interested parties to inquire about background checks.
393393 24 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
394394 25 103-594, eff. 7-1-26.)
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405405 1 (225 ILCS 10/5) (from Ch. 23, par. 2215)
406406 2 (Text of Section before amendment by P.A. 103-594)
407407 3 Sec. 5. (a) In respect to child care institutions,
408408 4 maternity centers, child welfare agencies, day care centers,
409409 5 day care agencies and group homes, the Department, upon
410410 6 receiving application filed in proper order, shall examine the
411411 7 facilities and persons responsible for care of children
412412 8 therein.
413413 9 (b) In respect to foster family and day care homes,
414414 10 applications may be filed on behalf of such homes by a licensed
415415 11 child welfare agency, by a State agency authorized to place
416416 12 children in foster care or by out-of-State agencies approved
417417 13 by the Department to place children in this State. In respect
418418 14 to day care homes, applications may be filed on behalf of such
419419 15 homes by a licensed day care agency or licensed child welfare
420420 16 agency. In applying for license in behalf of a home in which
421421 17 children are placed by and remain under supervision of the
422422 18 applicant agency, such agency shall certify that the home and
423423 19 persons responsible for care of unrelated children therein, or
424424 20 the home and relatives, as defined in Section 2.17 of this Act,
425425 21 responsible for the care of related children therein, were
426426 22 found to be in reasonable compliance with standards prescribed
427427 23 by the Department for the type of care indicated.
428428 24 (c) The Department shall not allow any person to examine
429429 25 facilities under a provision of this Act who has not passed an
430430 26 examination demonstrating that such person is familiar with
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441441 1 this Act and with the appropriate standards and regulations of
442442 2 the Department.
443443 3 (d) With the exception of day care centers, day care
444444 4 homes, and group day care homes, licenses shall be issued in
445445 5 such form and manner as prescribed by the Department and are
446446 6 valid for 4 years from the date issued, unless revoked by the
447447 7 Department or voluntarily surrendered by the licensee.
448448 8 Licenses issued for day care centers, day care homes, and
449449 9 group day care homes shall be valid for 5 years 3 years from
450450 10 the date issued, unless revoked by the Department or
451451 11 voluntarily surrendered by the licensee. When a licensee has
452452 12 made timely and sufficient application for the renewal of a
453453 13 license or a new license with reference to any activity of a
454454 14 continuing nature, the existing license shall continue in full
455455 15 force and effect for up to 30 days until the final agency
456456 16 decision on the application has been made. The Department may
457457 17 further extend the period in which such decision must be made
458458 18 in individual cases for up to 30 days, but such extensions
459459 19 shall be only upon good cause shown.
460460 20 (e) The Department may issue one 6-month permit to a newly
461461 21 established facility for child care to allow that facility
462462 22 reasonable time to become eligible for a full license. If the
463463 23 facility for child care is a foster family home, or day care
464464 24 home the Department may issue one 2-month permit only.
465465 25 (f) The Department may issue an emergency permit to a
466466 26 child care facility taking in children as a result of the
467467
468468
469469
470470
471471
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473473
474474
475475 SB2446- 13 -LRB104 08655 AAS 18709 b SB2446 - 13 - LRB104 08655 AAS 18709 b
476476 SB2446 - 13 - LRB104 08655 AAS 18709 b
477477 1 temporary closure for more than 2 weeks of a licensed child
478478 2 care facility due to a natural disaster. An emergency permit
479479 3 under this subsection shall be issued to a facility only if the
480480 4 persons providing child care services at the facility were
481481 5 employees of the temporarily closed day care center at the
482482 6 time it was closed. No investigation of an employee of a child
483483 7 care facility receiving an emergency permit under this
484484 8 subsection shall be required if that employee has previously
485485 9 been investigated at another child care facility. No emergency
486486 10 permit issued under this subsection shall be valid for more
487487 11 than 90 days after the date of issuance.
488488 12 (g) During the hours of operation of any licensed child
489489 13 care facility, authorized representatives of the Department
490490 14 may without notice visit the facility for the purpose of
491491 15 determining its continuing compliance with this Act or
492492 16 regulations adopted pursuant thereto.
493493 17 (h) Day care centers, day care homes, and group day care
494494 18 homes shall be monitored at least annually by a licensing
495495 19 representative from the Department or the agency that
496496 20 recommended licensure.
497497 21 (i) Full monitoring and inspection reports, along with any
498498 22 corrective actions taken by the provider, shall be posted in
499499 23 plain language within 30 days after the creation of the report
500500 24 on the Department's consumer education website.
501501 25 (Source: P.A. 98-804, eff. 1-1-15.)
502502
503503
504504
505505
506506
507507 SB2446 - 13 - LRB104 08655 AAS 18709 b
508508
509509
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511511 SB2446 - 14 - LRB104 08655 AAS 18709 b
512512 1 (Text of Section after amendment by P.A. 103-594)
513513 2 Sec. 5. (a) This Section does not apply to any day care
514514 3 center, day care home, or group day care home.
515515 4 In respect to child care institutions, maternity centers,
516516 5 child welfare agencies, and group homes, the Department, upon
517517 6 receiving application filed in proper order, shall examine the
518518 7 facilities and persons responsible for care of children
519519 8 therein.
520520 9 (b) In respect to foster family homes, applications may be
521521 10 filed on behalf of such homes by a licensed child welfare
522522 11 agency, by a State agency authorized to place children in
523523 12 foster care or by out-of-State agencies approved by the
524524 13 Department to place children in this State. In applying for
525525 14 license in behalf of a home in which children are placed by and
526526 15 remain under supervision of the applicant agency, such agency
527527 16 shall certify that the home and persons responsible for care
528528 17 of unrelated children therein, or the home and relatives, as
529529 18 defined in Section 2.17 of this Act, responsible for the care
530530 19 of related children therein, were found to be in reasonable
531531 20 compliance with standards prescribed by the Department for the
532532 21 type of care indicated.
533533 22 (c) The Department shall not allow any person to examine
534534 23 facilities under a provision of this Act who has not passed an
535535 24 examination demonstrating that such person is familiar with
536536 25 this Act and with the appropriate standards and regulations of
537537 26 the Department.
538538
539539
540540
541541
542542
543543 SB2446 - 14 - LRB104 08655 AAS 18709 b
544544
545545
546546 SB2446- 15 -LRB104 08655 AAS 18709 b SB2446 - 15 - LRB104 08655 AAS 18709 b
547547 SB2446 - 15 - LRB104 08655 AAS 18709 b
548548 1 (d) Licenses shall be issued in such form and manner as
549549 2 prescribed by the Department and are valid for 4 years from the
550550 3 date issued, unless revoked by the Department or voluntarily
551551 4 surrendered by the licensee. When a licensee has made timely
552552 5 and sufficient application for the renewal of a license or a
553553 6 new license with reference to any activity of a continuing
554554 7 nature, the existing license shall continue in full force and
555555 8 effect for up to 30 days until the final agency decision on the
556556 9 application has been made. The Department may further extend
557557 10 the period in which such decision must be made in individual
558558 11 cases for up to 30 days, but such extensions shall be only upon
559559 12 good cause shown.
560560 13 (e) The Department may issue one 6-month permit to a newly
561561 14 established facility for child care to allow that facility
562562 15 reasonable time to become eligible for a full license. If the
563563 16 facility for child care is a foster family home, the
564564 17 Department may issue one 2-month permit only.
565565 18 (f) The Department may issue an emergency permit to a
566566 19 child care facility taking in children as a result of the
567567 20 temporary closure for more than 2 weeks of a licensed child
568568 21 care facility due to a natural disaster. An emergency permit
569569 22 under this subsection shall be issued to a facility only if the
570570 23 persons providing child care services at the facility were
571571 24 employees of the temporarily closed facility at the time it
572572 25 was closed. No investigation of an employee of a child care
573573 26 facility receiving an emergency permit under this subsection
574574
575575
576576
577577
578578
579579 SB2446 - 15 - LRB104 08655 AAS 18709 b
580580
581581
582582 SB2446- 16 -LRB104 08655 AAS 18709 b SB2446 - 16 - LRB104 08655 AAS 18709 b
583583 SB2446 - 16 - LRB104 08655 AAS 18709 b
584584 1 shall be required if that employee has previously been
585585 2 investigated at another child care facility. No emergency
586586 3 permit issued under this subsection shall be valid for more
587587 4 than 90 days after the date of issuance.
588588 5 (g) During the hours of operation of any licensed child
589589 6 care facility, authorized representatives of the Department
590590 7 may without notice visit the facility for the purpose of
591591 8 determining its continuing compliance with this Act or
592592 9 regulations adopted pursuant thereto.
593593 10 (h) (Blank).
594594 11 (Source: P.A. 103-594, eff. 7-1-26.)
595595 12 (225 ILCS 10/5.01)
596596 13 (This Section may contain text from a Public Act with a
597597 14 delayed effective date)
598598 15 Sec. 5.01. Licenses; permits; Department of Early
599599 16 Childhood.
600600 17 (a) In respect to day care centers, the Department of
601601 18 Early Childhood, upon receiving application filed in proper
602602 19 order, shall examine the facilities and persons responsible
603603 20 for care of children therein.
604604 21 (b) In respect to day care homes, applications may be
605605 22 filed on behalf of such homes by the Department of Early
606606 23 Childhood.
607607 24 (c) The Department of Early Childhood shall not allow any
608608 25 person to examine facilities under a provision of this Act who
609609
610610
611611
612612
613613
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615615
616616
617617 SB2446- 17 -LRB104 08655 AAS 18709 b SB2446 - 17 - LRB104 08655 AAS 18709 b
618618 SB2446 - 17 - LRB104 08655 AAS 18709 b
619619 1 has not passed an examination demonstrating that such person
620620 2 is familiar with this Act and with the appropriate standards
621621 3 and regulations of the Department of Early Childhood.
622622 4 (d) Licenses issued for day care centers, day care homes,
623623 5 and group day care homes shall be valid for 5 years 3 years
624624 6 from the date issued, unless revoked by the Department of
625625 7 Early Childhood or voluntarily surrendered by the licensee.
626626 8 When a licensee has made timely and sufficient application for
627627 9 the renewal of a license or a new license with reference to any
628628 10 activity of a continuing nature, the existing license shall
629629 11 continue in full force and effect for up to 30 days until the
630630 12 final agency decision on the application has been made. The
631631 13 Department of Early Childhood may further extend the period in
632632 14 which such decision must be made in individual cases for up to
633633 15 30 days, but such extensions shall be only upon good cause
634634 16 shown.
635635 17 (e) The Department of Early Childhood may issue one
636636 18 6-month permit to a newly established facility for child care
637637 19 to allow that facility reasonable time to become eligible for
638638 20 a full license. If the facility for child care is a day care
639639 21 home the Department of Early Childhood may issue one 2-month
640640 22 permit only.
641641 23 (f) The Department of Early Childhood may issue an
642642 24 emergency permit to a day care center taking in children as a
643643 25 result of the temporary closure for more than 2 weeks of a
644644 26 licensed child care facility due to a natural disaster. An
645645
646646
647647
648648
649649
650650 SB2446 - 17 - LRB104 08655 AAS 18709 b
651651
652652
653653 SB2446- 18 -LRB104 08655 AAS 18709 b SB2446 - 18 - LRB104 08655 AAS 18709 b
654654 SB2446 - 18 - LRB104 08655 AAS 18709 b
655655 1 emergency permit under this subsection shall be issued to a
656656 2 facility only if the persons providing child care services at
657657 3 the facility were employees of the temporarily closed day care
658658 4 center at the time it was closed. No investigation of an
659659 5 employee of a child care facility receiving an emergency
660660 6 permit under this subsection shall be required if that
661661 7 employee has previously been investigated at another child
662662 8 care facility. No emergency permit issued under this
663663 9 subsection shall be valid for more than 90 days after the date
664664 10 of issuance.
665665 11 (g) During the hours of operation of any licensed day care
666666 12 center, day care home, or group day care home, authorized
667667 13 representatives of the Department of Early Childhood may
668668 14 without notice visit the facility for the purpose of
669669 15 determining its continuing compliance with this Act or rules
670670 16 adopted pursuant thereto.
671671 17 (h) Day care centers, day care homes, and group day care
672672 18 homes shall be monitored at least annually by a licensing
673673 19 representative from the Department of Early Childhood that
674674 20 recommended licensure.
675675 21 (i) Full monitoring and inspection reports, along with any
676676 22 corrective actions taken by the provider, shall be posted in
677677 23 plain language within 30 days after the creation of the report
678678 24 on the Department of Early Childhood's consumer education
679679 25 website.
680680 26 (Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.)
681681
682682
683683
684684
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687687
688688
689689 SB2446- 19 -LRB104 08655 AAS 18709 b SB2446 - 19 - LRB104 08655 AAS 18709 b
690690 SB2446 - 19 - LRB104 08655 AAS 18709 b
691691 1 (225 ILCS 10/7.10)
692692 2 (Text of Section before amendment by P.A. 103-594)
693693 3 Sec. 7.10. Licensing orientation program and progress
694694 4 report.
695695 5 (a) For the purposes of this Section, "child day care
696696 6 licensing" or "day care licensing" means licensing of day care
697697 7 centers, day care homes, and group day care homes.
698698 8 (a-5) In addition to current day care daycare training and
699699 9 subject to appropriations, the Department or any State agency
700700 10 that assumes day care center licensing responsibilities shall
701701 11 host licensing orientation programs to help educate potential
702702 12 day care center, day care home, and group day care home
703703 13 providers about the child day care licensing process. The
704704 14 programs shall be made available in person and virtually. The
705705 15 Department or its successor shall offer to host licensing
706706 16 orientation programs at least twice annually in each
707707 17 Representative District in the State. Additionally, if one or
708708 18 more persons request that a program be offered in a language
709709 19 other than English, then the Department or its successor must
710710 20 accommodate the request.
711711 21 (b) No later than September 30th of each year, the
712712 22 Department shall provide the General Assembly with a
713713 23 comprehensive report on its progress in meeting performance
714714 24 measures and goals related to child day care licensing.
715715 25 (c) The report shall include:
716716
717717
718718
719719
720720
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722722
723723
724724 SB2446- 20 -LRB104 08655 AAS 18709 b SB2446 - 20 - LRB104 08655 AAS 18709 b
725725 SB2446 - 20 - LRB104 08655 AAS 18709 b
726726 1 (1) details on the funding for child day care
727727 2 licensing, including:
728728 3 (A) the total number of full-time employees
729729 4 working on child day care licensing;
730730 5 (B) the names of all sources of revenue used to
731731 6 support child day care licensing;
732732 7 (C) the amount of expenditures that is claimed
733733 8 against federal funding sources;
734734 9 (D) the identity of federal funding sources; and
735735 10 (E) how funds are appropriated, including
736736 11 appropriations for line staff, support staff,
737737 12 supervisory staff, and training and other expenses and
738738 13 the funding history of such licensing since fiscal
739739 14 year 2010;
740740 15 (2) current staffing qualifications of day care
741741 16 licensing representatives and day care licensing
742742 17 supervisors in comparison with staffing qualifications
743743 18 specified in the job description;
744744 19 (3) data history for fiscal year 2010 to the current
745745 20 fiscal year on day care licensing representative caseloads
746746 21 and staffing levels in all areas of the State;
747747 22 (4) per the DCFS Child Day Care Licensing Advisory
748748 23 Council's work plan, quarterly data on the following
749749 24 measures:
750750 25 (A) the number and percentage of new applications
751751 26 disposed of within 90 days;
752752
753753
754754
755755
756756
757757 SB2446 - 20 - LRB104 08655 AAS 18709 b
758758
759759
760760 SB2446- 21 -LRB104 08655 AAS 18709 b SB2446 - 21 - LRB104 08655 AAS 18709 b
761761 SB2446 - 21 - LRB104 08655 AAS 18709 b
762762 1 (B) the percentage of licenses renewed on time;
763763 2 (C) the percentage of day care centers receiving
764764 3 timely annual monitoring visits;
765765 4 (D) the percentage of day care homes receiving
766766 5 timely annual monitoring visits;
767767 6 (E) the percentage of group day care homes
768768 7 receiving timely annual monitoring visits;
769769 8 (F) the percentage of provider requests for
770770 9 supervisory review;
771771 10 (G) the progress on adopting a key indicator
772772 11 system;
773773 12 (H) the percentage of complaints disposed of
774774 13 within 30 days;
775775 14 (I) the average number of days a day care center
776776 15 applicant must wait to attend a licensing orientation;
777777 16 (J) the number of licensing orientation sessions
778778 17 available per region in the past year; and
779779 18 (K) the number of Department trainings related to
780780 19 licensing and child development available to providers
781781 20 in the past year; and
782782 21 (5) efforts to coordinate with the Department of Human
783783 22 Services and the State Board of Education on professional
784784 23 development, credentialing issues, and child developers,
785785 24 including training registry, child developers, and Quality
786786 25 Rating and Improvement Systems (QRIS); and .
787787 26 (6) details regarding the processing of background
788788
789789
790790
791791
792792
793793 SB2446 - 21 - LRB104 08655 AAS 18709 b
794794
795795
796796 SB2446- 22 -LRB104 08655 AAS 18709 b SB2446 - 22 - LRB104 08655 AAS 18709 b
797797 SB2446 - 22 - LRB104 08655 AAS 18709 b
798798 1 checks, including the average number of days it takes for
799799 2 the background check unit to complete a series of
800800 3 background checks and issue a background check clearance
801801 4 required under the Child Care and Development Block Grant.
802802 5 (d) The Department shall work with the Governor's
803803 6 appointed Early Learning Council on issues related to and
804804 7 concerning child day care.
805805 8 (Source: P.A. 103-805, eff. 1-1-25; revised 10-10-24.)
806806 9 (Text of Section after amendment by P.A. 103-594)
807807 10 Sec. 7.10. Licensing orientation program and progress
808808 11 report.
809809 12 (a) For the purposes of this Section, "child day care
810810 13 licensing" or "day care licensing" means licensing of day care
811811 14 centers, day care homes, and group day care homes.
812812 15 (a-5) In addition to current day care daycare training and
813813 16 subject to appropriations, the Department or any State agency
814814 17 that assumes day care center licensing responsibilities shall
815815 18 host licensing orientation programs to help educate potential
816816 19 day care center, day care home, and group day care home
817817 20 providers about the child day care licensing process. The
818818 21 programs shall be made available in person and virtually. The
819819 22 Department or its successor shall offer to host licensing
820820 23 orientation programs at least twice annually in each
821821 24 Representative District in the State. Additionally, if one or
822822 25 more persons request that a program be offered in a language
823823
824824
825825
826826
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829829
830830
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833833 1 other than English, then the Department or its successor must
834834 2 accommodate the request.
835835 3 (b) No later than September 30th of each year, the
836836 4 Department of Early Childhood shall provide the General
837837 5 Assembly with a comprehensive report on its progress in
838838 6 meeting performance measures and goals related to child day
839839 7 care licensing.
840840 8 (c) The report shall include:
841841 9 (1) details on the funding for child day care
842842 10 licensing, including:
843843 11 (A) the total number of full-time employees
844844 12 working on child day care licensing;
845845 13 (B) the names of all sources of revenue used to
846846 14 support child day care licensing;
847847 15 (C) the amount of expenditures that is claimed
848848 16 against federal funding sources;
849849 17 (D) the identity of federal funding sources; and
850850 18 (E) how funds are appropriated, including
851851 19 appropriations for line staff, support staff,
852852 20 supervisory staff, and training and other expenses and
853853 21 the funding history of such licensing since fiscal
854854 22 year 2010;
855855 23 (2) current staffing qualifications of day care
856856 24 licensing representatives and day care licensing
857857 25 supervisors in comparison with staffing qualifications
858858 26 specified in the job description;
859859
860860
861861
862862
863863
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865865
866866
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868868 SB2446 - 24 - LRB104 08655 AAS 18709 b
869869 1 (3) data history for fiscal year 2010 to the current
870870 2 fiscal year on day care licensing representative caseloads
871871 3 and staffing levels in all areas of the State;
872872 4 (4) per the DCFS Child Day Care Licensing Advisory
873873 5 Council's work plan, quarterly data on the following
874874 6 measures:
875875 7 (A) the number and percentage of new applications
876876 8 disposed of within 90 days;
877877 9 (B) the percentage of licenses renewed on time;
878878 10 (C) the percentage of day care centers receiving
879879 11 timely annual monitoring visits;
880880 12 (D) the percentage of day care homes receiving
881881 13 timely annual monitoring visits;
882882 14 (E) the percentage of group day care homes
883883 15 receiving timely annual monitoring visits;
884884 16 (F) the percentage of provider requests for
885885 17 supervisory review;
886886 18 (G) the progress on adopting a key indicator
887887 19 system;
888888 20 (H) the percentage of complaints disposed of
889889 21 within 30 days;
890890 22 (I) the average number of days a day care center
891891 23 applicant must wait to attend a licensing orientation;
892892 24 (J) the number of licensing orientation sessions
893893 25 available per region in the past year; and
894894 26 (K) the number of Department of Early Childhood
895895
896896
897897
898898
899899
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901901
902902
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904904 SB2446 - 25 - LRB104 08655 AAS 18709 b
905905 1 trainings related to licensing and child development
906906 2 available to providers in the past year; and
907907 3 (5) efforts to coordinate with the Department of Human
908908 4 Services and the State Board of Education on professional
909909 5 development, credentialing issues, and child developers,
910910 6 including training registry, child developers, and Quality
911911 7 Rating and Improvement Systems (QRIS); and .
912912 8 (6) details regarding the processing of background
913913 9 checks, including the average number of days it takes for
914914 10 the background check unit to complete a series of
915915 11 background checks and issue a background check clearance
916916 12 required under the Child Care and Development Block Grant.
917917 13 (d) The Department of Early Childhood shall work with the
918918 14 Governor's appointed Early Learning Council on issues related
919919 15 to and concerning child day care.
920920 16 (Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25;
921921 17 revised 11-26-24.)
922922 18 (225 ILCS 10/9.1c)
923923 19 (Text of Section before amendment by P.A. 103-594)
924924 20 Sec. 9.1c. Public database of day care homes, group day
925925 21 care homes, and day care centers; license status. No later
926926 22 than July 1, 2018, the Department shall establish and maintain
927927 23 on its official website a searchable database, freely
928928 24 accessible to the public, that provides the following
929929 25 information on each day care home, group day care home, and day
930930
931931
932932
933933
934934
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936936
937937
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940940 1 care center licensed by the Department: whether, within the
941941 2 past 5 years, the day care home, group day care home, or day
942942 3 care center has had its license revoked by or surrendered to
943943 4 the Department during a child abuse or neglect investigation
944944 5 or its application for a renewal of its license was denied by
945945 6 the Department, and, if so, the dates upon which the license
946946 7 was revoked by or surrendered to the Department or the
947947 8 application for a renewal of the license was denied by the
948948 9 Department. The Department may adopt any rules necessary to
949949 10 implement this Section. Nothing in this Section shall be
950950 11 construed to allow or authorize the Department to release or
951951 12 disclose any information that is prohibited from public
952952 13 disclosure under this Act or under any other State or federal
953953 14 law.
954954 15 (Source: P.A. 100-52, eff. 1-1-18.)
955955 16 (Text of Section after amendment by P.A. 103-594)
956956 17 Sec. 9.1c. Public consumer education website database of
957957 18 day care homes, group day care homes, and day care centers;
958958 19 license status. By July 1, 2026, the The Department of Early
959959 20 Childhood shall establish and maintain on its official
960960 21 consumer education website the following information, which
961961 22 shall be freely accessible to day care homes, group day care
962962 23 homes, and day care centers licensed by the Department,
963963 24 parents, providers, and the public:
964964 25 (a) A a searchable database, freely accessible to the
965965
966966
967967
968968
969969
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971971
972972
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974974 SB2446 - 27 - LRB104 08655 AAS 18709 b
975975 1 public, that provides the following information on each day
976976 2 care home, group day care home, and day care center licensed by
977977 3 the Department of Early Childhood: whether, within the past 5
978978 4 years, the day care home, group day care home, or day care
979979 5 center has had its license revoked by or surrendered to the
980980 6 Department of Children and Family Services or the Department
981981 7 of Early Childhood during a child abuse or neglect
982982 8 investigation or its application for a renewal of its license
983983 9 was denied by the Department of Children and Family Services
984984 10 or the Department of Early Childhood, and, if so, the dates
985985 11 upon which the license was revoked by or surrendered to the
986986 12 Department of Children and Family Services or the Department
987987 13 of Early Childhood or the application for a renewal of the
988988 14 license was denied by the Department of Children and Family
989989 15 Services or the Department of Early Childhood.
990990 16 (b) A central repository for the initial licensing
991991 17 application materials and renewal forms, as well as any other
992992 18 licensing information, including, but not limited to,
993993 19 guidance, rules, policy, standards, and statutes. The website
994994 20 must be updated immediately upon any changes to licensing
995995 21 guidance, rules, policy, or statute and valid weblinks must be
996996 22 provided. All materials and changes to licensing guidance,
997997 23 rules, policy, or statute shall be translated into additional
998998 24 languages, including, but not limited to, Spanish, Polish, and
999999 25 Arabic.
10001000 26 (c) Forum, town hall, and public meeting information shall
10011001
10021002
10031003
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10111011 1 be on the Department's official consumer education website in,
10121012 2 at minimum, 14 days in advance of the forum, town hall, or
10131013 3 public meeting. The Department shall host statewide virtual
10141014 4 forums or town halls on, at minimum, a quarterly basis, with
10151015 5 the purpose of updating day care providers on changes to
10161016 6 licensing policies and procedures and allowing day care
10171017 7 providers to ask questions. If one or more persons request
10181018 8 that a forum or town hall be offered in a language other than
10191019 9 English, then the Department shall accommodate the request.
10201020 10 (d) If the Department submits proposed or emergency
10211021 11 rulemaking to the Joint Committee on Administrative Rules, the
10221022 12 Department shall hold, at minimum, 2 statewide virtual forums
10231023 13 or town halls to explain the rulemaking changes, gather
10241024 14 feedback, and inform the public of the process to submit
10251025 15 written comments. The forums or town halls shall be held
10261026 16 within 2 weeks of the rulemaking's publication in the Illinois
10271027 17 Register. If one or more persons request that a forum or town
10281028 18 hall be offered in a language other than English, then the
10291029 19 Department shall accommodate the request.
10301030 20 The Department of Early Childhood may adopt any rules
10311031 21 necessary to implement this Section. Nothing in this Section
10321032 22 shall be construed to allow or authorize the Department of
10331033 23 Early Childhood to release or disclose any information that is
10341034 24 prohibited from public disclosure under this Act or under any
10351035 25 other State or federal law.
10361036 26 (Source: P.A. 103-594, eff. 7-1-26.)
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10471047 1 Section 10. The Missing Children Records Act is amended by
10481048 2 changing Section 5 as follows:
10491049 3 (325 ILCS 50/5) (from Ch. 23, par. 2285)
10501050 4 Sec. 5. Duties of school or other entity.
10511051 5 (a) Upon notification by the Illinois State Police of a
10521052 6 person's disappearance, a school, preschool educational
10531053 7 program, child care facility, or day care home or group day
10541054 8 care home in which the person is currently or was previously
10551055 9 enrolled shall flag the record of that person in such a manner
10561056 10 that whenever a copy of or information regarding the record is
10571057 11 requested, the school or other entity shall be alerted to the
10581058 12 fact that the record is that of a missing person. The school or
10591059 13 other entity shall immediately report to the Illinois State
10601060 14 Police any request concerning flagged records or knowledge as
10611061 15 to the whereabouts of any missing person. Upon notification by
10621062 16 the Illinois State Police that the missing person has been
10631063 17 recovered, the school or other entity shall remove the flag
10641064 18 from the person's record.
10651065 19 (b) (1) For every child enrolled in a particular
10661066 20 elementary or secondary school, public or private preschool
10671067 21 educational program, public or private child care facility
10681068 22 licensed under the Child Care Act of 1969, or day care home or
10691069 23 group day care home licensed under the Child Care Act of 1969,
10701070 24 that school or other entity shall notify in writing the person
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10811081 1 enrolling the child that within 30 days he must provide either
10821082 2 (i) a certified copy of the child's birth certificate or (ii)
10831083 3 other reliable proof, as determined by the Illinois State
10841084 4 Police, of the child's identity and age and an affidavit
10851085 5 explaining the inability to produce a copy of the birth
10861086 6 certificate. Other reliable proof of the child's identity and
10871087 7 age shall include a passport, visa or other governmental
10881088 8 documentation of the child's identity. By September 30, 2025,
10891089 9 the Illinois State Police shall publish a list of acceptable
10901090 10 governmental documentation that provides satisfactory proof of
10911091 11 the child's identity and age. A grace period of up to 90
10921092 12 calendar days after the first date of attendance should be
10931093 13 allowed for the person enrolling the child to provide any
10941094 14 other reliable documentation that has been identified. When
10951095 15 the person enrolling the child provides the school or other
10961096 16 entity with a certified copy of the child's birth certificate
10971097 17 or other reliable documentation of the child's identity and
10981098 18 age, the school or other entity shall promptly make a copy of
10991099 19 the certified copy or other reliable documentation for its
11001100 20 records and return the original certified copy or other
11011101 21 reliable documentation to the person enrolling the child. Once
11021102 22 a school or other entity has been provided with a certified
11031103 23 copy of a child's birth certificate as required under item (i)
11041104 24 of this subdivision (b)(1), the school or other entity need
11051105 25 not request another such certified copy with respect to that
11061106 26 child for any other year in which the child is enrolled in that
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11171117 1 school or other entity.
11181118 2 (2) Upon the failure of a person enrolling a child to
11191119 3 comply with subsection (b) (1), the school or other entity
11201120 4 shall immediately notify the Illinois State Police or local
11211121 5 law enforcement agency of such failure, and shall notify the
11221122 6 person enrolling the child in writing that he has 10
11231123 7 additional days to comply.
11241124 8 (3) The school or other entity shall immediately report to
11251125 9 the Illinois State Police any affidavit received pursuant to
11261126 10 this subsection which appears inaccurate or suspicious in form
11271127 11 or content.
11281128 12 (c) Within 14 days after enrolling a transfer student, the
11291129 13 elementary or secondary school shall request directly from the
11301130 14 student's previous school a certified copy of his record. The
11311131 15 requesting school shall exercise due diligence in obtaining
11321132 16 the copy of the record requested. Any elementary or secondary
11331133 17 school requested to forward a copy of a transferring student's
11341134 18 record to the new school shall comply within 10 days of receipt
11351135 19 of the request unless the record has been flagged pursuant to
11361136 20 subsection (a), in which case the copy shall not be forwarded
11371137 21 and the requested school shall notify the Illinois State
11381138 22 Police or local law enforcement authority of the request.
11391139 23 (Source: P.A. 102-538, eff. 8-20-21.)
11401140 24 Section 95. No acceleration or delay. Where this Act makes
11411141 25 changes in a statute that is represented in this Act by text
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