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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 5c as follows:
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6 | (20 ILCS 505/5c)
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7 | Sec. 5c. Direct child welfare service employee license. | ||||||
8 | (a) By January 1,
2000, the Department, in consultation | ||||||
9 | with private child welfare agencies,
shall develop and | ||||||
10 | implement a direct child welfare service employee license.
By | ||||||
11 | January 1, 2001 all child protective investigators and | ||||||
12 | supervisors and child
welfare specialists and supervisors | ||||||
13 | employed by the Department or its
contractors shall be required | ||||||
14 | to demonstrate sufficient knowledge and skills to
obtain and | ||||||
15 | maintain the license. The Direct Child Welfare
Service Employee | ||||||
16 | License Board of the Department shall have
the authority to
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17 | revoke or suspend the license of anyone who after a hearing is | ||||||
18 | found to be
guilty of misfeasance. The Department shall | ||||||
19 | promulgate such rules as necessary
to implement this Section.
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20 | (b) If a direct child welfare service employee licensee is | ||||||
21 | expected to transport a child or children with a motor vehicle | ||||||
22 | in the course of performing his or her duties, the Department | ||||||
23 | must verify that the licensee meets the requirements set forth | ||||||
24 | in Section 5.1 of the Child Care Act of 1969. The Department | ||||||
25 | must make that verification as to each such licensee every 2 | ||||||
26 | years. Upon the Department's request, the Secretary of State | ||||||
27 | shall provide the Department with the information necessary to | ||||||
28 | enable the Department to make the verifications required under | ||||||
29 | this subsection. If the Department discovers that a direct | ||||||
30 | child welfare service employee licensee has engaged in | ||||||
31 | transporting a child or children with a motor vehicle without | ||||||
32 | having a valid driver's license, the Department shall |
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1 | immediately revoke the individual's direct child welfare | ||||||
2 | service employee license.
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3 | (c) On or before January 1, 2000, and every year | ||||||
4 | thereafter, the Department shall
submit an annual report to the | ||||||
5 | General Assembly on the implementation of this
Section.
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6 | (Source: P.A. 92-471, eff. 8-22-01.)
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7 | Section 10. The Child Care Act of 1969 is amended by | ||||||
8 | changing Section 5.1 as follows:
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9 | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
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10 | Sec. 5.1. (a) The Department shall ensure
assure that no | ||||||
11 | day care center, group
home or child care institution as | ||||||
12 | defined in this Act shall on a regular
basis transport a child | ||||||
13 | or children with any motor vehicle unless such
vehicle is | ||||||
14 | operated by a person who
that complies with the following | ||||||
15 | requirements:
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16 | 1. is 21 years of age or older;
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17 | 2. currently holds a valid driver's license, which has | ||||||
18 | not been revoked
or suspended for one or more traffic | ||||||
19 | violations during the 3 years
immediately prior to the date | ||||||
20 | of application;
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21 | 3. demonstrates physical fitness to operate vehicles | ||||||
22 | by submitting the
results of a medical examination | ||||||
23 | conducted by a licensed physician;
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24 | 4. has not been convicted of more than 2 offenses | ||||||
25 | against traffic
regulations governing the movement of | ||||||
26 | vehicles within a twelve month period;
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27 | 5. has not been convicted of reckless driving or | ||||||
28 | driving under the
influence or manslaughter or reckless | ||||||
29 | homicide resulting from the
operation of a motor vehicle | ||||||
30 | within the past 3 years;
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31 | 6. has signed and submitted a written statement | ||||||
32 | certifying that he has
not, through the unlawful operation | ||||||
33 | of a motor vehicle, caused an accident
which resulted in | ||||||
34 | the death of any person within the 5 years immediately
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1 | prior to the date of application.
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2 | However, such day care centers, group homes and child care | ||||||
3 | institutions
may provide for transportation of a child or | ||||||
4 | children for special outings,
functions or purposes that are | ||||||
5 | not scheduled on a regular basis without
verification that | ||||||
6 | drivers for such purposes meet the requirements of this
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7 | Section.
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8 | (a-5) As a means of ensuring compliance with the | ||||||
9 | requirements set forth in subsection (a), the Department shall | ||||||
10 | implement appropriate measures to verify that every individual | ||||||
11 | who is employed at a group home or child care institution meets | ||||||
12 | those requirements. | ||||||
13 | For every individual employed at a group home or child care | ||||||
14 | institution who regularly transports children in the course of | ||||||
15 | performing his or her duties, the Department must make the | ||||||
16 | verification every 2 years. Upon the Department's request, the | ||||||
17 | Secretary of State shall provide the Department with the | ||||||
18 | information necessary to enable the Department to make the | ||||||
19 | verifications required under subsection (a). | ||||||
20 | In the case of an individual employed at a group home or | ||||||
21 | child care institution who becomes subject to subsection (a) | ||||||
22 | for the first time after the effective date of this amendatory | ||||||
23 | Act of the 94th General Assembly, the Department must make that | ||||||
24 | verification with the Secretary of State before the individual | ||||||
25 | operates a motor vehicle to transport a child or children under | ||||||
26 | the circumstances described in subsection (a). | ||||||
27 | In the case of an individual employed at a group home or | ||||||
28 | child care institution who is subject to subsection (a) on the | ||||||
29 | effective date of this amendatory Act of the 94th General | ||||||
30 | Assembly, the Department must make that verification with the | ||||||
31 | Secretary of State within 30 days after that effective date. | ||||||
32 | If the Department discovers that an individual fails to | ||||||
33 | meet the requirements set forth in subsection (a), the | ||||||
34 | Department shall promptly notify the appropriate group home or | ||||||
35 | child care institution.
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36 | (b) Any individual who holds a valid Illinois school bus |
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1 | driver permit
issued by the Secretary of State
pursuant to The | ||||||
2 | Illinois
Vehicle Code, and who is currently employed by a | ||||||
3 | school district or parochial
school, or by a contractor with a | ||||||
4 | school district or parochial school, to
drive a school bus | ||||||
5 | transporting children to and from school,
shall be deemed in | ||||||
6 | compliance with the requirements of subsection (a).
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7 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
8 | revoke the
license of any day care center, group home or child | ||||||
9 | care institution that
fails to meet the requirements of this | ||||||
10 | Section.
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11 | (d) A group home or child care institution that
fails to | ||||||
12 | meet the requirements of this Section is guilty of a petty | ||||||
13 | offense and is subject to a fine of not more than $1,000. Each | ||||||
14 | day that a group home or child care institution fails to meet | ||||||
15 | the requirements of this Section is a separate offense.
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16 | (Source: P.A. 88-612, eff. 7-1-95.)
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