SB1363 103RD GENERAL ASSEMBLY

LRB103 27428 AMQ 53800 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1363

Introduced 2/6/2023, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

225 ILCS 10/2.02	from Ch. 23, par. 2212.02
225 ILCS 10/3.7 new
225 ILCS 10/5	from Ch. 23, par. 2215
225 ILCS 10/7	from Ch. 23, par. 2217
225 ILCS 10/7.10
225 ILCS 10/9.1c
225 ILCS 10/9.2

Amends the Child Care Act of 1969. Provides for the transfer of day care center licensing, as well as part day child care facility licensing, from the Department of Children and Family Services to the Department of Financial and Professional Regulation. Specifies that the Department of Children and Family Services shall continue to conduct examinations of day care centers but shall report the results of those examinations to the Department of Financial and Professional Regulation for licensing purposes. Makes other corresponding changes.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by changing Sections 2.02, 5, 7, 7.10, 9.1c, and 9.2 and adding Section 3.7 as follows:

(225 ILCS 10/2.02) (from Ch. 23, par. 2212.02)

Sec. 2.02. "Department" means the Illinois Department of Children and Family Services, except that "Department" means the Department of Financial and Professional Regulation in those provisions of this Act concerning the issuance, renewal, refusal, or revocation of licenses for day care centers or part day child care facilities, including, but not limited to, those provisions of the Act setting forth standards or procedures for the issuance, renewal, refusal, or revocation of licenses for day care centers or part day child care facilities.

(Source: P.A. 76-63.)

(225 ILCS 10/3.7 new)

Sec. 3.7. Transfer of day care center and part day child care facility licensing functions.

(a) Responsibility for the licensing of day care centers and part day child care facilities under this Act is transferred from the Department of Children and Family Services to the Department of Financial and Professional Regulation on the effective date of this amendatory Act of the 103rd General Assembly.

(b) The Department of Financial and Professional Regulation may adopt any rules and execute any intergovernmental agreements necessary to assume responsibility for the licensure of day care centers and part day child care facilities under this Act.

(225 ILCS 10/5) (from Ch. 23, par. 2215)

Sec. 5. Examination of facilities.

(a) In respect to child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies and group homes, the Department of Children and Family Services, upon receiving notice of an application filed in proper order, shall examine the facilities and persons responsible for care of children therein. Upon completing the examination of any day care center, the Department of Children and Family Services shall provide the results of the examination to the Department of Financial and Professional Regulation.

(b) In respect to foster family and day care homes, applications may be filed on behalf of such homes by a licensed child welfare agency, by a State agency authorized to place children in foster care or by out-of-State agencies approved by the Department of Children and Family Services to place children in this State. In respect to day care homes, applications may be filed on behalf of such homes by a licensed day care agency or licensed child welfare agency. In applying for license in behalf of a home in which children are placed by and remain under supervision of the applicant agency, such agency shall certify that the home and persons responsible for care of unrelated children therein, or the home and relatives, as defined in Section 2.17 of this Act, responsible for the care of related children therein, were found to be in reasonable compliance with standards prescribed by the Department for the type of care indicated.

(c) The Department of Children and Family Services shall not allow any person to examine facilities under a provision of this Act who has not passed an examination demonstrating that such person is familiar with this Act and with the appropriate standards and regulations of the Department.

(d) With the exception of day care centers, part day child care facilities, day care homes, and group day care homes, licenses shall be issued in such form and manner as prescribed by the Department of Children and Family Services and are valid for 4 years from the date issued, unless revoked by the Department of Children and Family Services or voluntarily surrendered by the licensee. Licenses issued for day care centers, day care homes, and group day care homes shall be valid for 3 years from the date issued, unless revoked by the Department of Children and Family Services or voluntarily surrendered by the licensee. Licenses for day care centers and part day child care facilities shall be issued in such form and manner as prescribed by the Department of Financial and Professional Regulation and are valid for 3 years from the date issued in the case of day care centers and 4 years from the date issued in the case of part day child care facilities. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall continue in full force and effect for up to 30 days until the final agency decision on the application has been made. The Department of Children and Family Services and the Department of Financial and Professional Regulation may further extend the period in which such decision must be made in individual cases for up to 30 days, but such extensions shall be only upon good cause shown.

(e) The Department of Children and Family Services may issue one 6-month permit to a newly established facility for child care, other than a day care center or part day child care facility, to allow that facility reasonable time to become eligible for a full license. If the facility for child care is a foster family home, or day care home the Department may issue one 2-month permit only.

(e-5) The Department of Financial and Professional Regulation may issue one 6-month permit to a day care center or part day child care facility to allow the center or the facility reasonable time to become eligible for a full license.

(f) The Department may issue an emergency permit to a child care facility taking in children as a result of the temporary closure for more than 2 weeks of a licensed child care facility due to a natural disaster. An emergency permit under this subsection shall be issued to a facility only if the persons providing child care services at the facility were employees of the temporarily closed day care center at the time it was closed. No investigation of an employee of a child care facility receiving an emergency permit under this subsection shall be required if that employee has previously been investigated at another child care facility. No emergency permit issued under this subsection shall be valid for more than 90 days after the date of issuance.

(g) During the hours of operation of any licensed child care facility, authorized representatives of the Department of Children and Family Services may without notice visit the facility for the purpose of determining its continuing compliance with this Act or regulations adopted pursuant thereto.

(h) Day care centers, day care homes, and group day care homes shall be monitored at least annually by a licensing representative from the Department of Children and Family Services or the agency that recommended licensure.

(i) Upon completing any visit to a day care center under subsection (g) or the annual monitoring of day care centers under subsection (h), the Department of Children and Family Services shall deliver a report of its findings to the Department of Financial and Professional Regulation for use in licensing determinations.

(Source: P.A. 98-804, eff. 1-1-15.)

(225 ILCS 10/7) (from Ch. 23, par. 2217)

Sec. 7. Minimum standards for licensure.

(a) The Department must prescribe and publish minimum standards for licensing that apply to the various types of facilities for child care defined in this Act and that are equally applicable to like institutions under the control of the Department and to foster family homes used by and under the direct supervision of the Department. The Department shall seek the advice and assistance of persons representative of the various types of child care facilities in establishing such standards. The standards prescribed and published under this Act take effect as provided in the Illinois Administrative Procedure Act, and are restricted to regulations pertaining to the following matters and to any rules and regulations required or permitted by any other Section of this Act:

(1) The operation and conduct of the facility and responsibility it assumes for child care;

(2) The character, suitability and qualifications of the applicant and other persons directly responsible for the care and welfare of children served. All child day care center licensees and employees who are required to report child abuse or neglect under the Abused and Neglected Child Reporting Act shall be required to attend training on recognizing child abuse and neglect, as prescribed by Department rules;

(3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards;

(4) The number of individuals or staff required to insure adequate supervision and care of the children received. The standards shall provide that each child care institution, maternity center, day care center, group home, day care home, and group day care home shall have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver and in cardiopulmonary resuscitation by the American Red Cross or other organization approved by rule of the Department. Child welfare agencies shall not be subject to such a staffing requirement. The Department may offer, or arrange for the offering, on a periodic basis in each community in this State in cooperation with the American Red Cross, the American Heart Association or other appropriate organization, voluntary programs to train operators of foster family homes and day care homes in first aid and cardiopulmonary resuscitation;

(5) The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to State laws and municipal codes to provide for the physical comfort, care, and well-being of children received;

(6) Provisions for food, clothing, educational opportunities, program, equipment and individual supplies to assure the healthy physical, mental, and spiritual development of children served;

(7) Provisions to safeguard the legal rights of children served;

(8) Maintenance of records pertaining to the admission, progress, health, and discharge of children, including, for day care centers and day care homes, records indicating each child has been immunized as required by State regulations. The Department shall require proof that children enrolled in a facility have been immunized against Haemophilus Influenzae B (HIB);

(9) Filing of reports with the Department;

(10) Discipline of children;

(11) Protection and fostering of the particular religious faith of the children served;

(12) Provisions prohibiting firearms on day care center premises except in the possession of peace officers;

(13) Provisions prohibiting handguns on day care home premises except in the possession of peace officers or other adults who must possess a handgun as a condition of employment and who reside on the premises of a day care home;

(14) Provisions requiring that any firearm permitted on day care home premises, except handguns in the possession of peace officers, shall be kept in a disassembled state, without ammunition, in locked storage, inaccessible to children and that ammunition permitted on day care home premises shall be kept in locked storage separate from that of disassembled firearms, inaccessible to children;

(15) Provisions requiring notification of parents or guardians enrolling children at a day care home of the presence in the day care home of any firearms and ammunition and of the arrangements for the separate, locked storage of such firearms and ammunition;

(16) Provisions requiring all licensed child care facility employees who care for newborns and infants to complete training every 3 years on the nature of sudden unexpected infant death (SUID), sudden infant death syndrome (SIDS), and the safe sleep recommendations of the American Academy of Pediatrics; and

(17) With respect to foster family homes, provisions requiring the Department to review quality of care concerns and to consider those concerns in determining whether a foster family home is qualified to care for children.

By July 1, 2022, all licensed day care home providers, licensed group day care home providers, and licensed day care center directors and classroom staff shall participate in at least one training that includes the topics of early childhood social emotional learning, infant and early childhood mental health, early childhood trauma, or adverse childhood experiences. Current licensed providers, directors, and classroom staff shall complete training by July 1, 2022 and shall participate in training that includes the above topics at least once every 3 years.

(b) If, in a facility for general child care, there are children diagnosed as mentally ill or children diagnosed as having an intellectual or physical disability, who are determined to be in need of special mental treatment or of nursing care, or both mental treatment and nursing care, the Department shall seek the advice and recommendation of the Department of Human Services, the Department of Public Health, or both Departments regarding the residential treatment and nursing care provided by the institution.

(c) The Department shall investigate any person applying to be licensed as a foster parent to determine whether there is any evidence of current drug or alcohol abuse in the prospective foster family. The Department shall not license a person as a foster parent if drug or alcohol abuse has been identified in the foster family or if a reasonable suspicion of such abuse exists, except that the Department may grant a foster parent license to an applicant identified with an alcohol or drug problem if the applicant has successfully participated in an alcohol or drug treatment program, self-help group, or other suitable activities and if the Department determines that the foster family home can provide a safe, appropriate environment and meet the physical and emotional needs of children.

(d) The Department, in applying standards prescribed and published, as herein provided, shall offer consultation through employed staff or other qualified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a license and to help them otherwise to achieve programs of excellence related to the care of children served. Such consultation shall include providing information concerning education and training in early childhood development to providers of day care home services. The Department may provide or arrange for such education and training for those providers who request such assistance.

(e) The Department shall distribute copies of licensing standards to all licensees and applicants for a license. Each licensee or holder of a permit shall distribute copies of the appropriate licensing standards and any other information required by the Department to child care facilities under its supervision. Each licensee or holder of a permit shall maintain appropriate documentation of the distribution of the standards. Such documentation shall be part of the records of the facility and subject to inspection by authorized representatives of the Department.

(f) The Department shall prepare summaries of day care licensing standards. Each licensee or holder of a permit for a day care facility shall distribute a copy of the appropriate summary and any other information required by the Department, to the legal guardian of each child cared for in that facility at the time when the child is enrolled or initially placed in the facility. The licensee or holder of a permit for a day care facility shall secure appropriate documentation of the distribution of the summary and brochure. Such documentation shall be a part of the records of the facility and subject to inspection by an authorized representative of the Department.

(g) The Department shall distribute to each licensee and holder of a permit copies of the licensing or permit standards applicable to such person's facility. Each licensee or holder of a permit shall make available by posting at all times in a common or otherwise accessible area a complete and current set of licensing standards in order that all employees of the facility may have unrestricted access to such standards. All employees of the facility shall have reviewed the standards and any subsequent changes. Each licensee or holder of a permit shall maintain appropriate documentation of the current review of licensing standards by all employees. Such records shall be part of the records of the facility and subject to inspection by authorized representatives of the Department.

(h) Any standards involving physical examinations, immunization, or medical treatment shall include appropriate exemptions for children whose parents object thereto on the grounds that they conflict with the tenets and practices of a recognized church or religious organization, of which the parent is an adherent or member, and for children who should not be subjected to immunization for clinical reasons.

(i) The Department of Children and Family Services, in cooperation with the Department of Public Health and the Department of Financial and Professional Regulation, shall work to increase immunization awareness and participation among parents of children enrolled in day care centers and day care homes by publishing on the Department's website of the Department of Children and Family Services information about the benefits of immunization against vaccine preventable diseases, including influenza and pertussis. The information for vaccine preventable diseases shall include the incidence and severity of the diseases, the availability of vaccines, and the importance of immunizing children and persons who frequently have close contact with children. The website content shall be reviewed annually in collaboration with the Department of Public Health to reflect the most current recommendations of the Advisory Committee on Immunization Practices (ACIP). The Department of Children and Family Services, in consultation with the Department of Financial and Professional Regulation, shall work with day care centers and day care homes licensed under this Act to ensure that the information is annually distributed to parents in August or September.

(j) Any standard adopted by the Department that requires an applicant for a license to operate a day care home to include a copy of a high school diploma or equivalent certificate with his or her application shall be deemed to be satisfied if the applicant includes a copy of a high school diploma or equivalent certificate or a copy of a degree from an accredited institution of higher education or vocational institution or equivalent certificate.

(Source: P.A. 102-4, eff. 4-27-21.)

(225 ILCS 10/7.10)

Sec. 7.10. Progress report.

(a) For the purposes of this Section, "child day care licensing" or "day care licensing" means licensing of day care centers, day care homes, and group day care homes.

(b) No later than September 30th of each year, the Department, in consultation with the Department of Financial and Professional Regulation, shall provide the General Assembly with a comprehensive report on its progress in meeting performance measures and goals related to child day care licensing.

(c) The report shall include:

(1) details on the funding for child day care licensing, including:

(A) the total number of full-time employees working on child day care licensing;

(B) the names of all sources of revenue used to support child day care licensing;

(C) the amount of expenditures that is claimed against federal funding sources;

(D) the identity of federal funding sources; and

(E) how funds are appropriated, including appropriations for line staff, support staff, supervisory staff, and training and other expenses and the funding history of such licensing since fiscal year 2010;

(2) current staffing qualifications of day care licensing representatives and day care licensing supervisors in comparison with staffing qualifications specified in the job description;

(3) data history for fiscal year 2010 to the current fiscal year on day care licensing representative caseloads and staffing levels in all areas of the State;

(4) per the DCFS Child Day Care Licensing Advisory Council's work plan, quarterly data on the following measures:

(A) the percentage of new applications disposed of within 90 days;

(B) the percentage of licenses renewed on time;

(C) the percentage of day care centers receiving timely annual monitoring visits;

(D) the percentage of day care homes receiving timely annual monitoring visits;

(E) the percentage of group day care homes receiving timely annual monitoring visits;

(F) the percentage of provider requests for supervisory review;

(G) the progress on adopting a key indicator system;

(H) the percentage of complaints disposed of within 30 days;

(I) the average number of days a day care center applicant must wait to attend a licensing orientation;

(J) the number of licensing orientation sessions available per region in the past year; and

(K) the number of Department trainings related to licensing and child development available to providers in the past year; and

(5) efforts to coordinate with the Department of Human Services and the State Board of Education on professional development, credentialing issues, and child developers, including training registry, child developers, and Quality Rating and Improvement Systems (QRIS).

(d) The Department, in consultation with the Department of Financial and Professional Regulation, shall work with the Governor's appointed Early Learning Council on issues related to and concerning child day care.

(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)

(225 ILCS 10/9.1c)

Sec. 9.1c. Public database of day care homes, group day care homes, and day care centers; license status. No later than July 1, 2018, the Department of Children and Family Services shall establish and maintain on its official website a searchable database, freely accessible to the public, that provides the following information on each day care home, group day care home, and day care center licensed by the Department of Children and Family Services or the Department of Financial and Professional Regulation: whether, within the past 5 years, the day care home, group day care home, or day care center has had its license revoked by or surrendered to the Department of Children and Family Services or the Department of Financial and Professional Regulation during a child abuse or neglect investigation or its application for a renewal of its license was denied by the Department of Children and Family Services or the Department of Financial and Professional Regulation, and, if so, the dates upon which the license was revoked by or surrendered to the Department of Children and Family Services or the Department of Financial and Professional Regulation or the application for a renewal of the license was denied by the Department of Children and Family Services or the Department of Financial and Professional Regulation. The Department of Children and Family Services may adopt any rules necessary to implement this Section. Nothing in this Section shall be construed to allow or authorize the Department of Children and Family Services to release or disclose any information that is prohibited from public disclosure under this Act or under any other State or federal law. The Department of Financial and Professional Regulation shall provide information concerning the issuance, renewal, refusal, or revocation of licenses for day care centers and part day child care facilities to the Department of Child and Family Services.

(Source: P.A. 100-52, eff. 1-1-18.)

(225 ILCS 10/9.2)

Sec. 9.2. Toll free number; day care information. The Department of Children and Family Services, in consultation with the Department of Financial and Professional Regulation, shall establish and maintain a statewide toll-free telephone number that all persons may use to inquire about the past history and record of a day care facility operating in this State. The past history and record shall include, but shall not be limited to, Department substantiated complaints against a day care facility and Department staff findings of license violations by a day care facility. Information disclosed in accordance with this Section shall be subject to the confidentiality requirements provided in this Act.

(Source: P.A. 90-671, eff. 1-1-99.)