Rep. Kevin A. McCarthy
Filed: 3/28/2007
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1 | AMENDMENT TO HOUSE BILL 2632
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2 | AMENDMENT NO. ______. Amend House Bill 2632 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Child Care Act of 1969 is amended by | ||||||
5 | changing Section 7 as follows:
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6 | (225 ILCS 10/7) (from Ch. 23, par. 2217)
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7 | Sec. 7. (a) The Department must prescribe and publish | ||||||
8 | minimum standards
for licensing that apply to the various types | ||||||
9 | of facilities for child care
defined in this Act and that are | ||||||
10 | equally applicable to like institutions
under the control of | ||||||
11 | the Department and to foster family homes used by and
under the | ||||||
12 | direct supervision of the Department. The Department shall seek
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13 | the advice and assistance of persons representative of the | ||||||
14 | various types of
child care facilities in establishing such | ||||||
15 | standards. The standards
prescribed and published under this | ||||||
16 | Act take effect as provided in the
Illinois Administrative |
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1 | Procedure Act, and are restricted to
regulations pertaining to | ||||||
2 | the following matters and to any rules and regulations required | ||||||
3 | or permitted by any other Section of this Act:
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4 | (1) The operation and conduct of the facility and | ||||||
5 | responsibility it
assumes for child care;
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6 | (2) The character, suitability and qualifications of | ||||||
7 | the applicant and
other persons directly responsible for | ||||||
8 | the care and welfare of children
served. All child day care | ||||||
9 | center licensees and employees who are required
to
report | ||||||
10 | child abuse or neglect under the Abused and Neglected Child | ||||||
11 | Reporting
Act shall be required to attend training on | ||||||
12 | recognizing child abuse and
neglect, as prescribed by | ||||||
13 | Department rules;
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14 | (3) The general financial ability and competence of the | ||||||
15 | applicant to
provide necessary care for children and to | ||||||
16 | maintain prescribed standards;
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17 | (4) The number of individuals or staff required to | ||||||
18 | insure adequate
supervision and care of the children | ||||||
19 | received. The standards shall provide
that each child care | ||||||
20 | institution, maternity center, day care center,
group | ||||||
21 | home, day care home, and group day care home shall have on | ||||||
22 | its
premises during its hours of operation at
least one | ||||||
23 | staff member certified in first aid, in the Heimlich | ||||||
24 | maneuver and
in cardiopulmonary resuscitation by the | ||||||
25 | American Red Cross or other
organization approved by rule | ||||||
26 | of the Department. Child welfare agencies
shall not be |
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1 | subject to such a staffing requirement. The Department may
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2 | offer, or arrange for the offering, on a periodic basis in | ||||||
3 | each community
in this State in cooperation with the | ||||||
4 | American Red Cross, the American
Heart Association or other | ||||||
5 | appropriate organization, voluntary programs to
train | ||||||
6 | operators of foster family homes and day care homes in | ||||||
7 | first aid and
cardiopulmonary resuscitation;
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8 | (5) The appropriateness, safety, cleanliness and | ||||||
9 | general adequacy of the
premises, including maintenance of | ||||||
10 | adequate fire prevention and health
standards conforming | ||||||
11 | to State laws and municipal codes to provide for the
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12 | physical comfort, care and well-being of children | ||||||
13 | received;
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14 | (6) Provisions for food, clothing, educational | ||||||
15 | opportunities, program,
equipment and individual supplies | ||||||
16 | to assure the healthy physical, mental
and spiritual | ||||||
17 | development of children served;
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18 | (7) Provisions to safeguard the legal rights of | ||||||
19 | children served;
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20 | (8) Maintenance of records pertaining to the | ||||||
21 | admission, progress, health
and discharge of children, | ||||||
22 | including, for day care centers and day care
homes, records | ||||||
23 | indicating each child has been immunized as required by | ||||||
24 | State
regulations and that an educational pamphlet on the | ||||||
25 | merits of Influenza immunization in accordance with the | ||||||
26 | recommendations of the Advisory Committee on Immunization |
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1 | Practices of the Centers for Disease Control and Prevention | ||||||
2 | has been distributed to the parent or guardian of each | ||||||
3 | child . The Department shall require proof that children | ||||||
4 | enrolled in
a facility have been immunized against | ||||||
5 | Haemophilus Influenzae B (HIB);
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6 | (9) Filing of reports with the Department;
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7 | (10) Discipline of children;
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8 | (11) Protection and fostering of the particular
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9 | religious faith of the children served;
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10 | (12) Provisions prohibiting firearms on day care | ||||||
11 | center premises
except in the possession of peace officers;
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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;
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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,
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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;
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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, locked
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3 | storage of such firearms and ammunition.
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4 | (b) If, in a facility for general child care, there are | ||||||
5 | children
diagnosed as mentally ill, mentally retarded or | ||||||
6 | physically handicapped, who
are determined to be in need of | ||||||
7 | special mental treatment or of nursing
care, or both mental | ||||||
8 | treatment and nursing care, the Department shall seek
the | ||||||
9 | advice and recommendation of the Department of Human Services,
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10 | the Department of Public Health, or both
Departments regarding | ||||||
11 | the residential treatment and nursing care provided
by the | ||||||
12 | institution.
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13 | (c) The Department shall investigate any person applying to | ||||||
14 | be
licensed as a foster parent to determine whether there is | ||||||
15 | any evidence of
current drug or alcohol abuse in the | ||||||
16 | prospective foster family. The
Department shall not license a | ||||||
17 | person as a foster parent if drug or alcohol
abuse has been | ||||||
18 | identified in the foster family or if a reasonable suspicion
of | ||||||
19 | such abuse exists, except that the Department may grant a | ||||||
20 | foster parent
license to an applicant identified with an | ||||||
21 | alcohol or drug problem if the
applicant has successfully | ||||||
22 | participated in an alcohol or drug treatment
program, self-help | ||||||
23 | group, or other suitable activities.
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24 | (d) The Department, in applying standards prescribed and | ||||||
25 | published, as
herein provided, shall offer consultation | ||||||
26 | through employed staff or other
qualified persons to assist |
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1 | applicants and licensees in meeting and
maintaining minimum | ||||||
2 | requirements for a license and to help them otherwise
to | ||||||
3 | achieve programs of excellence related to the care of children | ||||||
4 | served.
Such consultation shall include providing information | ||||||
5 | concerning education
and training in early childhood | ||||||
6 | development to providers of day care home
services. The | ||||||
7 | Department may provide or arrange for such education and
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8 | training for those providers who request such assistance.
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9 | (e) The Department shall distribute copies of licensing
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10 | standards to all licensees and applicants for a license. Each | ||||||
11 | licensee or
holder of a permit shall distribute copies of the | ||||||
12 | appropriate licensing
standards and any other information | ||||||
13 | required by the Department to child
care facilities under its | ||||||
14 | supervision. Each licensee or holder of a permit
shall maintain | ||||||
15 | appropriate documentation of the distribution of the
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16 | standards. Such documentation shall be part of the records of | ||||||
17 | the facility
and subject to inspection by authorized | ||||||
18 | representatives of the Department.
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19 | (f) The Department shall prepare summaries of day care | ||||||
20 | licensing
standards. Each licensee or holder of a permit for a | ||||||
21 | day care facility
shall distribute a copy of the appropriate | ||||||
22 | summary and any other
information required by the Department, | ||||||
23 | to the legal guardian of each child
cared for in that facility | ||||||
24 | at the time when the child is enrolled or
initially placed in | ||||||
25 | the facility. The licensee or holder of a permit for a
day care | ||||||
26 | facility shall secure appropriate documentation of the
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1 | distribution of the summary and brochure. Such documentation | ||||||
2 | shall be a
part of the records of the facility and subject to | ||||||
3 | inspection by an
authorized representative of the Department.
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4 | (g) The Department shall distribute to each licensee and
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5 | holder of a permit copies of the licensing or permit standards | ||||||
6 | applicable
to such person's facility. Each licensee or holder | ||||||
7 | of a permit shall make
available by posting at all times in a | ||||||
8 | common or otherwise accessible area
a complete and current set | ||||||
9 | of licensing standards in order that all
employees of the | ||||||
10 | facility may have unrestricted access to such standards.
All | ||||||
11 | employees of the facility shall have reviewed the standards and | ||||||
12 | any
subsequent changes. Each licensee or holder of a permit | ||||||
13 | shall maintain
appropriate documentation of the current review | ||||||
14 | of licensing standards by
all employees. Such records shall be | ||||||
15 | part of the records of the facility
and subject to inspection | ||||||
16 | by authorized representatives of the Department.
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17 | (h) Any standards involving physical examinations, | ||||||
18 | immunization,
or medical treatment shall include appropriate | ||||||
19 | exemptions for children
whose parents object thereto on the | ||||||
20 | grounds that they conflict with the
tenets and practices of a | ||||||
21 | recognized church or religious organization, of
which the | ||||||
22 | parent is an adherent or member, and for children who should | ||||||
23 | not
be subjected to immunization for clinical reasons.
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24 | (Source: P.A. 94-586, eff. 8-15-05.)".
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