|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1695 Introduced 2/8/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: |
| 20 ILCS 505/5a | from Ch. 23, par. 5005a | 20 ILCS 505/50 new | | 110 ILCS 947/35 | | 225 ILCS 10/4.1 | from Ch. 23, par. 2214.1 | 225 ILCS 10/7 | from Ch. 23, par. 2217 | 225 ILCS 10/25 new | |
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Amends the Children and Family Services Act. Provides that the reimbursement amount for certain child care services shall be increased by at least 8%. Requires the Department of Children and Family Services to provide additional training for Department representatives who work with early childhood education providers. Amends the Higher Education Student Assistance Act. Provides that the Illinois Student Assistance Commission may award a grant to an eligible applicant enrolled in an early childhood education program who, after graduation, will work in a child care facility. Amends the Child Care Act of 1969. Provides that the Department shall ensure that the amount of time it takes to complete a criminal background investigation does not exceed 90 days. Provides that certain classes and trainings shall be waived for licensed day care home providers, licensed group day care home providers, and licensed day care center directors and classroom staff to the extent the classes and trainings are duplicative of an individual's educational training or if the individual has a master's or bachelor's degree in early childhood education or an equivalent subject. Provides that the Department shall implement a child care facility educator substitution pool program, which shall provide to child care facilities the contact information for early childhood educators willing to provide substitute services to other child care facilities in a specified geographic area.
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| | A BILL FOR |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Children and Family Services Act is amended |
5 | | by changing Section 5a and adding Sections 50 and 55 as |
6 | | follows:
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7 | | (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
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8 | | (Text of Section before amendment by P.A. 102-926 )
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9 | | Sec. 5a.
Reimbursable services for which the Department of |
10 | | Children and
Family Services shall pay 100% of the reasonable |
11 | | cost pursuant to a written
contract negotiated between the |
12 | | Department and the agency furnishing the
services (which shall |
13 | | include but not be limited to the determination of
reasonable |
14 | | cost, the services being purchased and the duration of the
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15 | | agreement) include, but are not limited to:
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16 | | SERVICE ACTIVITIES
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17 | | Adjunctive Therapy;
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18 | | Child Care Service, including day care;
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19 | | Clinical Therapy;
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20 | | Custodial Service;
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21 | | Field Work Students;
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22 | | Food Service;
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1 | | Normal Education;
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2 | | In-Service Training;
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3 | | Intake or Evaluation, or both;
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4 | | Medical Services;
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5 | | Recreation;
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6 | | Social Work or Counselling, or both;
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7 | | Supportive Staff;
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8 | | Volunteers.
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9 | | OBJECT EXPENSES
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10 | | Professional Fees and Contract Service Payments;
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11 | | Supplies;
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12 | | Telephone and Telegram;
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13 | | Occupancy;
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14 | | Local Transportation;
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15 | | Equipment and Other Fixed Assets, including amortization
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16 | | of same;
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17 | | Miscellaneous.
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18 | | ADMINISTRATIVE COSTS
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19 | | Program Administration;
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20 | | Supervision and Consultation;
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21 | | Inspection and Monitoring for purposes of issuing
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22 | | licenses;
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23 | | Determination of Children who are eligible
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24 | | for federal or other reimbursement;
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1 | | Postage and Shipping;
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2 | | Outside Printing, Artwork, etc.;
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3 | | Subscriptions and Reference Publications;
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4 | | Management and General Expense.
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5 | | Reimbursement of administrative costs other than inspection |
6 | | and monitoring
for purposes of issuing licenses may not exceed |
7 | | 20% of the costs
for other services.
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8 | | The Department may offer services to any child or family |
9 | | with respect to whom a report of suspected child abuse or |
10 | | neglect has been called in to the hotline after completion of a |
11 | | family assessment as provided under subsection (a-5) of |
12 | | Section 7.4 of the Abused and Neglected Child Reporting Act |
13 | | and the Department has determined that services are needed to |
14 | | address the safety of the child and other family members and |
15 | | the risk of subsequent maltreatment. Acceptance of such |
16 | | services shall be voluntary. |
17 | | All Object Expenses, Service Activities and Administrative
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18 | | Costs are allowable.
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19 | | If a survey instrument is used in the rate setting |
20 | | process:
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21 | | (a) with respect to any day care centers, it shall be |
22 | | limited to those
agencies which receive reimbursement from |
23 | | the State;
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24 | | (b) the cost survey instrument shall be promulgated by |
25 | | rule;
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26 | | (c) any requirements of the respondents shall be |
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1 | | promulgated by rule;
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2 | | (d) all screens, limits or other tests of |
3 | | reasonableness, allowability
and reimbursability shall be |
4 | | promulgated by rule;
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5 | | (e) adjustments may be made by the Department to rates |
6 | | when it determines
that reported wage and salary levels |
7 | | are insufficient to attract capable
caregivers in |
8 | | sufficient numbers.
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9 | | The Department of Children and Family Services may pay |
10 | | 100% of the
reasonable costs of research and valuation
focused |
11 | | exclusively on services to youth in care. Such research |
12 | | projects must be approved, in advance, by
the Director of the |
13 | | Department.
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14 | | In addition to reimbursements otherwise provided for in |
15 | | this Section,
the Department of Human Services shall, in |
16 | | accordance with annual written
agreements, make
advance |
17 | | quarterly disbursements to local public agencies for child day |
18 | | care
services with funds appropriated from the Local Effort |
19 | | Day Care Fund.
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20 | | Neither the Department of Children and Family Services nor |
21 | | the
Department of Human Services shall pay or approve |
22 | | reimbursement for
day care in a facility which is operating |
23 | | without a valid license or permit,
except in the case of day |
24 | | care homes or day care centers which are exempt from
the |
25 | | licensing requirements of the "Child Care Act of 1969".
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26 | | As soon as practical on or after the effective date of this |
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1 | | amendatory Act of the 103rd General Assembly, the |
2 | | reimbursement rate under this Section shall be increased by at |
3 | | least 8%. |
4 | | (Source: P.A. 100-159, eff. 8-18-17.)
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5 | | (Text of Section after amendment by P.A. 102-926 )
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6 | | Sec. 5a.
Reimbursable services for which the Department of |
7 | | Children and
Family Services shall pay 100% of the reasonable |
8 | | cost pursuant to a written
contract negotiated between the |
9 | | Department and the agency furnishing the
services (which shall |
10 | | include but not be limited to the determination of
reasonable |
11 | | cost, the services being purchased and the duration of the
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12 | | agreement) include, but are not limited to:
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13 | | SERVICE ACTIVITIES
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14 | | Adjunctive Therapy;
|
15 | | Child Care Service, including day care;
|
16 | | Clinical Therapy;
|
17 | | Custodial Service;
|
18 | | Field Work Students;
|
19 | | Food Service;
|
20 | | Normal Education;
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21 | | In-Service Training;
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22 | | Intake or Evaluation, or both;
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23 | | Medical Services;
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24 | | Recreation;
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1 | | Social Work or Counselling, or both;
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2 | | Supportive Staff;
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3 | | Volunteers.
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4 | | OBJECT EXPENSES
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5 | | Professional Fees and Contract Service Payments;
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6 | | Supplies;
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7 | | Telephone and Telegram;
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8 | | Occupancy;
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9 | | Local Transportation;
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10 | | Equipment and Other Fixed Assets, including amortization
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11 | | of same;
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12 | | Miscellaneous.
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13 | | ADMINISTRATIVE COSTS
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14 | | Program Administration;
|
15 | | Supervision and Consultation;
|
16 | | Inspection and Monitoring for purposes of issuing
|
17 | | licenses;
|
18 | | Determination of Children who are eligible
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19 | | for federal or other reimbursement;
|
20 | | Postage and Shipping;
|
21 | | Outside Printing, Artwork, etc.;
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22 | | Subscriptions and Reference Publications;
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23 | | Management and General Expense.
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24 | | Reimbursement of administrative costs other than inspection |
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1 | | and monitoring
for purposes of issuing licenses may not exceed |
2 | | 20% of the costs
for other services.
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3 | | The Department may offer services to any child or family |
4 | | with respect to whom a report of suspected child abuse or |
5 | | neglect has been called in to the hotline after completion of a |
6 | | family assessment as provided under subsection (a-5) of |
7 | | Section 7.4 of the Abused and Neglected Child Reporting Act |
8 | | and the Department has determined that services are needed to |
9 | | address the safety of the child and other family members and |
10 | | the risk of subsequent maltreatment. Acceptance of such |
11 | | services shall be voluntary. |
12 | | All Object Expenses, Service Activities and Administrative
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13 | | Costs are allowable.
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14 | | If a survey instrument is used in the rate setting |
15 | | process:
|
16 | | (a) with respect to any day care centers, it shall be |
17 | | limited to those
agencies which receive reimbursement from |
18 | | the State;
|
19 | | (b) the cost survey instrument shall be promulgated by |
20 | | rule;
|
21 | | (c) any requirements of the respondents shall be |
22 | | promulgated by rule;
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23 | | (d) all screens, limits or other tests of |
24 | | reasonableness, allowability
and reimbursability shall be |
25 | | promulgated by rule;
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26 | | (e) adjustments may be made by the Department to rates |
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1 | | when it determines
that reported wage and salary levels |
2 | | are insufficient to attract capable
caregivers in |
3 | | sufficient numbers.
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4 | | The Department of Children and Family Services may pay |
5 | | 100% of the
reasonable costs of research and valuation
focused |
6 | | exclusively on services to youth in care. Such research |
7 | | projects must be approved, in advance, by
the Director of the |
8 | | Department.
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9 | | In addition to reimbursements otherwise provided for in |
10 | | this Section,
the Department of Human Services shall, in |
11 | | accordance with annual written
agreements, make
advance |
12 | | quarterly disbursements to local public agencies for child day |
13 | | care
services with funds appropriated from the Local Effort |
14 | | Day Care Fund.
|
15 | | Neither the Department of Children and Family Services nor |
16 | | the
Department of Human Services shall pay or approve |
17 | | reimbursement for
day care in a facility which is operating |
18 | | without a valid license or permit,
except in the case of day |
19 | | care homes or day care centers which are exempt from
the |
20 | | licensing requirements of the "Child Care Act of 1969".
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21 | | The rates paid to day care providers by the Department of |
22 | | Children and Family Services shall match the rates paid to |
23 | | child care providers by the Department of Human Services under |
24 | | the child care assistance program, including base rates and |
25 | | any relevant rate enhancements. |
26 | | As soon as practical on or after the effective date of this |
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1 | | amendatory Act of the 103rd General Assembly, the |
2 | | reimbursement rate under this Section shall be increased by at |
3 | | least 8%. |
4 | | (Source: P.A. 102-926, eff. 7-1-23 .)
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5 | | (20 ILCS 505/50 new) |
6 | | Sec. 50. Training for Department staff who work with early |
7 | | childhood education providers. The Department shall provide |
8 | | additional training for Department staff who work with early |
9 | | childhood education providers. |
10 | | Section 10. The Higher Education Student Assistance Act is |
11 | | amended by changing Section 35 as follows:
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12 | | (110 ILCS 947/35)
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13 | | Sec. 35. Monetary award program.
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14 | | (a) The Commission shall, each year, receive and consider |
15 | | applications
for grant assistance under this Section. Subject |
16 | | to a separate
appropriation for such purposes, an applicant is |
17 | | eligible for a grant under
this Section when the Commission |
18 | | finds that the applicant:
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19 | | (1) is a resident of this State and a citizen or |
20 | | permanent resident
of the United States;
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21 | | (2) is enrolled or has been accepted for enrollment in |
22 | | a qualified institution for the purpose of obtaining a |
23 | | degree, certificate, or other credential offered by the |
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1 | | institution, as applicable; and |
2 | | (3) in the absence of grant assistance, will be |
3 | | deterred by
financial considerations from completing an |
4 | | educational program at the
qualified institution of his or |
5 | | her choice.
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6 | | (b) The Commission shall award renewals only upon the |
7 | | student's application
and upon the Commission's finding that |
8 | | the applicant:
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9 | | (1) has remained a student in good standing;
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10 | | (2) remains a resident of this State; and
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11 | | (3) is in a financial situation that continues to |
12 | | warrant assistance.
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13 | | (c) All grants shall be applicable only to tuition and |
14 | | necessary fee costs. The Commission shall determine the grant
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15 | | amount for each student, which shall not exceed the smallest |
16 | | of
the following amounts:
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17 | | (1) subject to appropriation, $5,468 for fiscal year |
18 | | 2009, $5,968 for fiscal year 2010, $6,468 for fiscal year |
19 | | 2011 and each fiscal year thereafter through fiscal year |
20 | | 2022, and $8,508 for fiscal year 2023 and each fiscal year |
21 | | thereafter, or such lesser amount as
the Commission finds |
22 | | to be available, during an academic year;
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23 | | (2) the amount which equals 2 semesters or 3 quarters |
24 | | tuition
and other necessary fees required generally by the |
25 | | institution of all
full-time undergraduate students; or
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26 | | (3) such amount as the Commission finds to be |
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1 | | appropriate in view of
the applicant's financial |
2 | | resources.
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3 | | Subject to appropriation, the maximum grant amount for |
4 | | students not subject to subdivision (1) of this subsection (c) |
5 | | must be increased by the same percentage as any increase made |
6 | | by law to the maximum grant amount under subdivision (1) of |
7 | | this subsection (c). |
8 | | "Tuition and other necessary fees" as used in this Section |
9 | | include the
customary charge for instruction and use of |
10 | | facilities in general, and the
additional fixed fees charged |
11 | | for specified purposes, which are required
generally of |
12 | | nongrant recipients for each academic period for which the |
13 | | grant
applicant actually enrolls, but do not include fees |
14 | | payable only once or
breakage fees and other contingent |
15 | | deposits which are refundable in whole or in
part. The |
16 | | Commission may prescribe, by rule not inconsistent with this
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17 | | Section, detailed provisions concerning the computation of |
18 | | tuition and other
necessary fees.
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19 | | (d) No applicant, including those presently receiving |
20 | | scholarship
assistance under this Act, is eligible for |
21 | | monetary award program
consideration under this Act after |
22 | | receiving a baccalaureate degree or
the equivalent of 135 |
23 | | semester credit hours of award payments.
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24 | | (d-5) In this subsection (d-5), "renewing applicant" means |
25 | | a student attending an institution of higher learning who |
26 | | received a Monetary Award Program grant during the prior |
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1 | | academic year. Beginning with the processing of applications |
2 | | for the 2020-2021 academic year, the Commission shall annually |
3 | | publish a priority deadline date for renewing applicants. |
4 | | Subject to appropriation, a renewing applicant who files by |
5 | | the published priority deadline date shall receive a grant if |
6 | | he or she continues to meet the eligibility requirements under |
7 | | this Section. A renewing applicant's failure to apply by the |
8 | | priority deadline date established under this subsection (d-5) |
9 | | shall not disqualify him or her from receiving a grant if |
10 | | sufficient funding is available to provide awards after that |
11 | | date. |
12 | | (e) The Commission, in determining the number of grants to |
13 | | be offered,
shall take into consideration past experience with |
14 | | the rate of grant funds
unclaimed by recipients. The |
15 | | Commission shall notify applicants that grant
assistance is |
16 | | contingent upon the availability of appropriated funds.
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17 | | (e-5) The General Assembly finds and declares that it is |
18 | | an important purpose of the Monetary Award Program to |
19 | | facilitate access to college both for students who pursue |
20 | | postsecondary education immediately following high school and |
21 | | for those who pursue postsecondary education later in life, |
22 | | particularly Illinoisans who are dislocated workers with |
23 | | financial need and who are seeking to improve their economic |
24 | | position through education. For the 2015-2016 and 2016-2017 |
25 | | academic years, the Commission shall give additional and |
26 | | specific consideration to the needs of dislocated workers with |
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1 | | the intent of allowing applicants who are dislocated workers |
2 | | an opportunity to secure financial assistance even if applying |
3 | | later than the general pool of applicants. The Commission's |
4 | | consideration shall include, in determining the number of |
5 | | grants to be offered, an estimate of the resources needed to |
6 | | serve dislocated workers who apply after the Commission |
7 | | initially suspends award announcements for the upcoming |
8 | | regular academic year, but prior to the beginning of that |
9 | | academic year. For the purposes of this subsection (e-5), a |
10 | | dislocated worker is defined as in the federal Workforce
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11 | | Innovation and Opportunity Act. |
12 | | (f) (Blank).
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13 | | (g) The Commission shall determine the eligibility of and |
14 | | make grants to
applicants enrolled at qualified for-profit |
15 | | institutions in accordance with the
criteria set forth in this |
16 | | Section. The eligibility of applicants enrolled at
such |
17 | | for-profit institutions shall be limited as follows:
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18 | | (1) Beginning with the academic year 1997, only to |
19 | | eligible first-time
freshmen and
first-time transfer |
20 | | students who have attained an associate degree.
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21 | | (2) Beginning with the academic year 1998, only to |
22 | | eligible freshmen
students,
transfer students who have |
23 | | attained an associate degree, and students who
receive a |
24 | | grant under paragraph (1) for the academic year 1997 and |
25 | | whose grants
are being renewed for the academic year 1998.
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26 | | (3) Beginning with the academic year 1999, to all |
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1 | | eligible students.
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2 | | (h) The Commission may award a grant to an eligible |
3 | | applicant enrolled at an Illinois public institution of higher |
4 | | learning in a program that will culminate in the award of an |
5 | | occupational or career and technical certificate as that term |
6 | | is defined in 23 Ill. Adm. Code 1501.301. |
7 | | (h-5) The Commission may award a grant to an eligible |
8 | | applicant enrolled in an early childhood education program |
9 | | who, after graduation, will work in a child care facility. The |
10 | | grant shall cover the cost of an undergraduate degree. |
11 | | (i) The Commission may adopt rules to implement this |
12 | | Section. |
13 | | (Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
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14 | | Section 15. The Child Care Act of 1969 is amended by |
15 | | changing Sections 4.1 and 7 and by adding Section 25 as |
16 | | follows:
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17 | | (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
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18 | | Sec. 4.1. Criminal Background Investigations. The |
19 | | Department shall
require that each child care facility license |
20 | | applicant as part of the
application process, and each |
21 | | employee and volunteer of a child care facility or |
22 | | non-licensed service provider, as a
condition of employment, |
23 | | authorize an investigation to determine if such
applicant, |
24 | | employee, or volunteer has ever been charged with a crime and |
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1 | | if so, the
disposition of those charges; this authorization |
2 | | shall indicate the scope of
the inquiry and the agencies which |
3 | | may be contacted. Upon this
authorization, the Director shall |
4 | | request and receive information and
assistance from any |
5 | | federal, State or local governmental agency as part of
the |
6 | | authorized investigation.
Each applicant, employee, or |
7 | | volunteer of a child care facility or non-licensed service |
8 | | provider shall submit his or her fingerprints to the Illinois |
9 | | State Police in the form and manner prescribed by the Illinois |
10 | | State Police. These fingerprints shall be checked against the |
11 | | fingerprint records
now and hereafter filed in the Illinois |
12 | | State Police and Federal Bureau of Investigation criminal |
13 | | history records
databases. The Illinois State Police shall |
14 | | charge
a fee for conducting the criminal history records |
15 | | check, which shall be
deposited in the State Police Services |
16 | | Fund and shall not exceed the actual
cost of the records check.
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17 | | The Illinois State Police shall provide
information concerning |
18 | | any criminal charges, and their disposition, now or
hereafter |
19 | | filed, against an applicant, employee, or volunteer of a child |
20 | | care facility or non-licensed service provider upon
request of |
21 | | the Department of Children and Family Services when the |
22 | | request
is made in the form and manner required by the Illinois |
23 | | State Police.
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24 | | Information concerning convictions of a license applicant, |
25 | | employee, or volunteer of a child care facility or |
26 | | non-licensed service provider investigated
under this Section, |
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1 | | including the source of the information and any
conclusions or |
2 | | recommendations derived from the information, shall be
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3 | | provided, upon request, to such applicant, employee, or |
4 | | volunteer of a child care facility or non-licensed service |
5 | | provider prior to final action by the
Department on the |
6 | | application.
State
conviction information provided by the |
7 | | Illinois State Police regarding
employees,
prospective |
8 | | employees, or volunteers of non-licensed service providers and |
9 | | child care facilities licensed under this Act
shall be |
10 | | provided to the operator of such facility, and, upon request, |
11 | | to
the employee, prospective employee, or volunteer of a child |
12 | | care facility or non-licensed service provider. Any |
13 | | information concerning criminal
charges and the disposition of |
14 | | such charges obtained by the Department
shall be confidential |
15 | | and may not be transmitted outside the Department,
except as |
16 | | required herein, and may not be transmitted to anyone within |
17 | | the
Department except as needed for the purpose of evaluating |
18 | | an application or an
employee or volunteer of a child care |
19 | | facility or non-licensed service provider. Only information |
20 | | and standards which bear a
reasonable and rational relation to |
21 | | the performance of a child care
facility shall be used by the |
22 | | Department or any licensee. Any employee of
the Department of |
23 | | Children and Family Services, Illinois State Police,
or a |
24 | | child care facility receiving confidential information under |
25 | | this
Section who gives or causes to be given any confidential |
26 | | information
concerning any criminal convictions of an |
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1 | | applicant, employee, or volunteer of a child care facility or |
2 | | non-licensed service provider, shall be guilty of a Class A |
3 | | misdemeanor
unless release of such information is authorized |
4 | | by this Section.
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5 | | A child care facility may hire, on a probationary basis, |
6 | | any employee or volunteer of a child care facility or |
7 | | non-licensed service provider
authorizing a criminal |
8 | | background investigation under this Section, pending
the |
9 | | result of such investigation. Employees and volunteers of a |
10 | | child care facility or non-licensed service provider shall be |
11 | | notified prior to
hiring that such employment may be |
12 | | terminated on the basis of criminal
background information |
13 | | obtained by the facility.
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14 | | The Department shall ensure that the amount of time it |
15 | | takes to complete the criminal background investigation under |
16 | | this Section does not exceed 90 days. |
17 | | (Source: P.A. 102-538, eff. 8-20-21.)
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18 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
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19 | | Sec. 7. (a) The Department must prescribe and publish |
20 | | minimum standards
for licensing that apply to the various |
21 | | types of facilities for child care
defined in this Act and that |
22 | | are equally applicable to like institutions
under the control |
23 | | of the Department and to foster family homes used by and
under |
24 | | the direct supervision of the Department. The Department shall |
25 | | seek
the advice and assistance of persons representative of |
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1 | | the various types of
child care facilities in establishing |
2 | | such standards. The standards
prescribed and published under |
3 | | this Act take effect as provided in the
Illinois |
4 | | Administrative Procedure Act, and are restricted to
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5 | | regulations pertaining to the following matters and to any |
6 | | rules and regulations required or permitted by any other |
7 | | Section of this Act:
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8 | | (1) The operation and conduct of the facility and |
9 | | responsibility it
assumes for child care;
|
10 | | (2) The character, suitability and qualifications of |
11 | | the applicant and
other persons directly responsible for |
12 | | the care and welfare of children
served. All child day |
13 | | care center licensees and employees who are required
to
|
14 | | report child abuse or neglect under the Abused and |
15 | | Neglected Child Reporting
Act shall be required to attend |
16 | | training on recognizing child abuse and
neglect, as |
17 | | prescribed by Department rules;
|
18 | | (3) The general financial ability and competence of |
19 | | the applicant to
provide necessary care for children and |
20 | | to maintain prescribed standards;
|
21 | | (4) The number of individuals or staff required to |
22 | | insure adequate
supervision and care of the children |
23 | | received. The standards shall provide
that each child care |
24 | | institution, maternity center, day care center,
group |
25 | | home, day care home, and group day care home shall have on |
26 | | its
premises during its hours of operation at
least one |
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1 | | staff member certified in first aid, in the Heimlich |
2 | | maneuver and
in cardiopulmonary resuscitation by the |
3 | | American Red Cross or other
organization approved by rule |
4 | | of the Department. Child welfare agencies
shall not be |
5 | | subject to such a staffing requirement. The Department may
|
6 | | offer, or arrange for the offering, on a periodic basis in |
7 | | each community
in this State in cooperation with the |
8 | | American Red Cross, the American
Heart Association or |
9 | | other appropriate organization, voluntary programs to
|
10 | | train operators of foster family homes and day care homes |
11 | | in first aid and
cardiopulmonary resuscitation;
|
12 | | (5) The appropriateness, safety, cleanliness, and |
13 | | general adequacy of the
premises, including maintenance of |
14 | | adequate fire prevention and health
standards conforming |
15 | | to State laws and municipal codes to provide for the
|
16 | | physical comfort, care, and well-being of children |
17 | | received;
|
18 | | (6) Provisions for food, clothing, educational |
19 | | opportunities, program,
equipment and individual supplies |
20 | | to assure the healthy physical, mental,
and spiritual |
21 | | development of children served;
|
22 | | (7) Provisions to safeguard the legal rights of |
23 | | children served;
|
24 | | (8) Maintenance of records pertaining to the |
25 | | admission, progress, health,
and discharge of children, |
26 | | including, for day care centers and day care
homes, |
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1 | | records indicating each child has been immunized as |
2 | | required by State
regulations. The Department shall |
3 | | require proof that children enrolled in
a facility have |
4 | | been immunized against Haemophilus Influenzae B (HIB);
|
5 | | (9) Filing of reports with the Department;
|
6 | | (10) Discipline of children;
|
7 | | (11) Protection and fostering of the particular
|
8 | | religious faith of the children served;
|
9 | | (12) Provisions prohibiting firearms on day care |
10 | | center premises
except in the possession of peace |
11 | | officers;
|
12 | | (13) Provisions prohibiting handguns on day care home |
13 | | premises except in
the possession of peace officers or |
14 | | other adults who must possess a handgun
as a condition of |
15 | | employment and who reside on the premises of a day care |
16 | | home;
|
17 | | (14) Provisions requiring that any firearm permitted |
18 | | on day care home
premises, except handguns in the |
19 | | possession of peace officers, shall be
kept in a |
20 | | disassembled state, without ammunition, in locked storage,
|
21 | | inaccessible to children and that ammunition permitted on |
22 | | day care home
premises shall be kept in locked storage |
23 | | separate from that of disassembled
firearms, inaccessible |
24 | | to children;
|
25 | | (15) Provisions requiring notification of parents or |
26 | | guardians enrolling
children at a day care home of the |
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1 | | presence in the day care home of any
firearms and |
2 | | ammunition and of the arrangements for the separate, |
3 | | locked
storage of such firearms and ammunition;
|
4 | | (16) Provisions requiring all licensed child care |
5 | | facility employees who care for newborns and infants to |
6 | | complete training every 3 years on the nature of sudden |
7 | | unexpected infant death (SUID), sudden infant death |
8 | | syndrome (SIDS), and the safe sleep recommendations of the |
9 | | American Academy of Pediatrics; and |
10 | | (17) With respect to foster family homes, provisions |
11 | | requiring the Department to review quality of care |
12 | | concerns and to consider those concerns in determining |
13 | | whether a foster family home is qualified to care for |
14 | | children. |
15 | | By July 1, 2022, all licensed day care home providers, |
16 | | licensed group day care home providers, and licensed day care |
17 | | center directors and classroom staff shall participate in at |
18 | | least one training that includes the topics of early childhood |
19 | | social emotional learning, infant and early childhood mental |
20 | | health, early childhood trauma, or adverse childhood |
21 | | experiences. Current licensed providers, directors, and |
22 | | classroom staff shall complete training by July 1, 2022 and |
23 | | shall participate in training that includes the above topics |
24 | | at least once every 3 years. However, any licensed day care |
25 | | home provider, licensed group day care home provider, licensed |
26 | | day care center director, or classroom staff is not required |
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1 | | to participate in this training if the individual has a |
2 | | master's or a bachelor's degree in early childhood education |
3 | | or an equivalent subject. |
4 | | The Department shall waive any mandatory training or |
5 | | classes for a licensed day care home provider, licensed group |
6 | | day care home provider, or licensed day care center director |
7 | | to the extent that the training or classes is duplicative of |
8 | | the individual's educational training. |
9 | | (b) If, in a facility for general child care, there are |
10 | | children
diagnosed as mentally ill or children diagnosed as |
11 | | having an intellectual or physical disability, who
are |
12 | | determined to be in need of special mental treatment or of |
13 | | nursing
care, or both mental treatment and nursing care, the |
14 | | Department shall seek
the advice and recommendation of the |
15 | | Department of Human Services,
the Department of Public Health, |
16 | | or both
Departments regarding the residential treatment and |
17 | | nursing care provided
by the institution.
|
18 | | (c) The Department shall investigate any person applying |
19 | | to be
licensed as a foster parent to determine whether there is |
20 | | any evidence of
current drug or alcohol abuse in the |
21 | | prospective foster family. The
Department shall not license a |
22 | | person as a foster parent if drug or alcohol
abuse has been |
23 | | identified in the foster family or if a reasonable suspicion
|
24 | | of such abuse exists, except that the Department may grant a |
25 | | foster parent
license to an applicant identified with an |
26 | | alcohol or drug problem if the
applicant has successfully |
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1 | | participated in an alcohol or drug treatment
program, |
2 | | self-help group, or other suitable activities and if the |
3 | | Department determines that the foster family home can provide |
4 | | a safe, appropriate environment and meet the physical and |
5 | | emotional needs of children.
|
6 | | (d) The Department, in applying standards prescribed and |
7 | | published, as
herein provided, shall offer consultation |
8 | | through employed staff or other
qualified persons to assist |
9 | | applicants and licensees in meeting and
maintaining minimum |
10 | | requirements for a license and to help them otherwise
to |
11 | | achieve programs of excellence related to the care of children |
12 | | served.
Such consultation shall include providing information |
13 | | concerning education
and training in early childhood |
14 | | development to providers of day care home
services. The |
15 | | Department may provide or arrange for such education and
|
16 | | training for those providers who request such assistance.
|
17 | | (e) The Department shall distribute copies of licensing
|
18 | | standards to all licensees and applicants for a license. Each |
19 | | licensee or
holder of a permit shall distribute copies of the |
20 | | appropriate licensing
standards and any other information |
21 | | required by the Department to child
care facilities under its |
22 | | supervision. Each licensee or holder of a permit
shall |
23 | | maintain appropriate documentation of the distribution of the
|
24 | | standards. Such documentation shall be part of the records of |
25 | | the facility
and subject to inspection by authorized |
26 | | representatives of the Department.
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1 | | (f) The Department shall prepare summaries of day care |
2 | | licensing
standards. Each licensee or holder of a permit for a |
3 | | day care facility
shall distribute a copy of the appropriate |
4 | | summary and any other
information required by the Department, |
5 | | to the legal guardian of each child
cared for in that facility |
6 | | at the time when the child is enrolled or
initially placed in |
7 | | the facility. The licensee or holder of a permit for a
day care |
8 | | facility shall secure appropriate documentation of the
|
9 | | distribution of the summary and brochure. Such documentation |
10 | | shall be a
part of the records of the facility and subject to |
11 | | inspection by an
authorized representative of the Department.
|
12 | | (g) The Department shall distribute to each licensee and
|
13 | | holder of a permit copies of the licensing or permit standards |
14 | | applicable
to such person's facility. Each licensee or holder |
15 | | of a permit shall make
available by posting at all times in a |
16 | | common or otherwise accessible area
a complete and current set |
17 | | of licensing standards in order that all
employees of the |
18 | | facility may have unrestricted access to such standards.
All |
19 | | employees of the facility shall have reviewed the standards |
20 | | and any
subsequent changes. Each licensee or holder of a |
21 | | permit shall maintain
appropriate documentation of the current |
22 | | review of licensing standards by
all employees. Such records |
23 | | shall be part of the records of the facility
and subject to |
24 | | inspection by authorized representatives of the Department.
|
25 | | (h) Any standards involving physical examinations, |
26 | | immunization,
or medical treatment shall include appropriate |
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1 | | exemptions for children
whose parents object thereto on the |
2 | | grounds that they conflict with the
tenets and practices of a |
3 | | recognized church or religious organization, of
which the |
4 | | parent is an adherent or member, and for children who should |
5 | | not
be subjected to immunization for clinical reasons.
|
6 | | (i) The Department, in cooperation with the Department of |
7 | | Public Health, shall work to increase immunization awareness |
8 | | and participation among parents of children enrolled in day |
9 | | care centers and day care homes by publishing on the |
10 | | Department's website information about the benefits of |
11 | | immunization against vaccine preventable diseases, including |
12 | | influenza and pertussis. The information for vaccine |
13 | | preventable diseases shall include the incidence and severity |
14 | | of the diseases, the availability of vaccines, and the |
15 | | importance of immunizing children and persons who frequently |
16 | | have close contact with children. The website content shall be |
17 | | reviewed annually in collaboration with the Department of |
18 | | Public Health to reflect the most current recommendations of |
19 | | the Advisory Committee on Immunization Practices (ACIP). The |
20 | | Department shall work with day care centers and day care homes |
21 | | licensed under this Act to ensure that the information is |
22 | | annually distributed to parents in August or September. |
23 | | (j) Any standard adopted by the Department that requires |
24 | | an applicant for a license to operate a day care home to |
25 | | include a copy of a high school diploma or equivalent |
26 | | certificate with his or her application shall be deemed to be |
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1 | | satisfied if the applicant includes a copy of a high school |
2 | | diploma or equivalent certificate or a copy of a degree from an |
3 | | accredited institution of higher education or vocational |
4 | | institution or equivalent certificate. |
5 | | (Source: P.A. 102-4, eff. 4-27-21.)
|
6 | | (225 ILCS 10/25 new) |
7 | | Sec. 25. Child care facility educator substitution pool |
8 | | program. The Department shall implement a child care facility |
9 | | educator substitution pool program, which shall provide to |
10 | | child care facilities the contact information for early |
11 | | childhood educators willing to provide substitute services to |
12 | | other child care facilities in a specified geographic area. As |
13 | | part of the program, the number of hours worked by an early |
14 | | childhood educator under the program shall be tracked for |
15 | | purposes of an appropriate retirement plan. The Department |
16 | | shall adopt rules to implement this Section.
|
17 | | Section 95. No acceleration or delay. Where this Act makes |
18 | | changes in a statute that is represented in this Act by text |
19 | | that is not yet or no longer in effect (for example, a Section |
20 | | represented by multiple versions), the use of that text does |
21 | | not accelerate or delay the taking effect of (i) the changes |
22 | | made by this Act or (ii) provisions derived from any other |
23 | | Public Act.
|