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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 Child Care Act of 1969 is amended by | ||||||||||||||||||||||||||
5 | changing Sections 4 and 5 as follows:
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6 | (225 ILCS 10/4) (from Ch. 23, par. 2214)
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7 | Sec. 4. License requirement; application; notice.
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8 | (a) Any person, group of persons or corporation who or | ||||||||||||||||||||||||||
9 | which
receives children or arranges for care or placement of | ||||||||||||||||||||||||||
10 | one or more
children unrelated to the operator must apply for a | ||||||||||||||||||||||||||
11 | license to operate
one of the types of facilities defined in | ||||||||||||||||||||||||||
12 | Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any | ||||||||||||||||||||||||||
13 | relative who receives a child or children for placement by the
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14 | Department on a full-time basis may apply for a license to | ||||||||||||||||||||||||||
15 | operate a foster
family home as defined in Section 2.17 of this | ||||||||||||||||||||||||||
16 | Act.
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17 | (a-5) Any agency, person, group of persons, association, | ||||||||||||||||||||||||||
18 | organization, corporation, institution, center, or group | ||||||||||||||||||||||||||
19 | providing adoption services must be licensed by the Department | ||||||||||||||||||||||||||
20 | as a child welfare agency as defined in Section 2.08 of this | ||||||||||||||||||||||||||
21 | Act. "Providing adoption services" as used in this Act, | ||||||||||||||||||||||||||
22 | includes facilitating or engaging in adoption services.
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23 | (b) Application for a license
to operate a child care |
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1 | facility must be made to the Department in the manner
and on | ||||||
2 | forms prescribed by it. An application to operate a foster | ||||||
3 | family home
shall include, at a minimum: a completed written | ||||||
4 | form; written authorization by
the applicant and all adult | ||||||
5 | members of the applicant's household to conduct a
criminal | ||||||
6 | background investigation; medical evidence in the form of a | ||||||
7 | medical
report, on forms prescribed by the Department, that the | ||||||
8 | applicant and all
members of the household are free from | ||||||
9 | communicable diseases or physical and
mental conditions that | ||||||
10 | affect their ability to provide care for the child or
children; | ||||||
11 | the names and addresses of at least 3 persons not related to | ||||||
12 | the
applicant who can attest to the applicant's moral | ||||||
13 | character; and fingerprints
submitted by the applicant and all | ||||||
14 | adult members of the applicant's household.
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15 | (c) The Department shall notify the public when a child | ||||||
16 | care institution,
maternity center, or group home licensed by | ||||||
17 | the Department undergoes a change
in (i) the range of care or | ||||||
18 | services offered at the facility, (ii) the age or
type of | ||||||
19 | children served, or (iii) the area within the facility used by
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20 | children. The Department shall notify the public of the change | ||||||
21 | in a newspaper
of general
circulation in the county or | ||||||
22 | municipality in which the applicant's facility is
or is | ||||||
23 | proposed to be located. | ||||||
24 | (c-5) Upon any indicated finding by the Department during | ||||||
25 | an examination of a child care facility, the Department must | ||||||
26 | send a notice to all parents of children residing within or |
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1 | being cared for by that facility. This notice must provide the | ||||||
2 | parent with information on the exact nature of the finding, the | ||||||
3 | date the finding was made, and the corrective action that the | ||||||
4 | child care facility is required to take in response to the | ||||||
5 | finding. Notwithstanding any other rulemaking authority that | ||||||
6 | may exist, neither the Governor nor any agency or agency head | ||||||
7 | under the jurisdiction of the Governor has any authority to | ||||||
8 | make or promulgate rules to implement or enforce the provisions | ||||||
9 | of this amendatory Act of the 95th General Assembly. If, | ||||||
10 | however, the Governor believes that rules are necessary to | ||||||
11 | implement or enforce the provisions of this amendatory Act of | ||||||
12 | the 95th General Assembly, the Governor may suggest rules to | ||||||
13 | the General Assembly by filing them with the Clerk of the House | ||||||
14 | and the Secretary of the Senate and by requesting that the | ||||||
15 | General Assembly authorize such rulemaking by law, enact those | ||||||
16 | suggested rules into law, or take any other appropriate action | ||||||
17 | in the General Assembly's discretion. Nothing contained in this | ||||||
18 | amendatory Act of the 95th General Assembly shall be | ||||||
19 | interpreted to grant rulemaking authority under any other | ||||||
20 | Illinois statute where such authority is not otherwise | ||||||
21 | explicitly given. For the purposes of this amendatory Act of | ||||||
22 | the 95th General Assembly, "rules" is given the meaning | ||||||
23 | contained in Section 1-70 of the Illinois Administrative | ||||||
24 | Procedure Act, and "agency" and "agency head" are given the | ||||||
25 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
26 | Administrative Procedure Act to the extent that such |
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1 | definitions apply to agencies or agency heads under the | ||||||
2 | jurisdiction of the Governor.
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3 | (d) If, upon examination of the facility and investigation | ||||||
4 | of persons
responsible
for care of children, the Department is | ||||||
5 | satisfied that the facility and
responsible persons reasonably | ||||||
6 | meet standards prescribed for the type of
facility for which | ||||||
7 | application is made, it shall issue a license in proper
form, | ||||||
8 | designating on that license the type of child care facility | ||||||
9 | and, except
for a child welfare agency, the number of children | ||||||
10 | to be served at any one
time.
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11 | (e) The Department shall not issue or renew the license of | ||||||
12 | any child welfare agency providing adoption services, unless | ||||||
13 | the agency (i) is officially recognized by the United States | ||||||
14 | Internal Revenue Service as a tax-exempt organization | ||||||
15 | described in Section 501(c)(3) of the Internal Revenue Code of | ||||||
16 | 1986 (or any successor provision of federal tax law) and (ii) | ||||||
17 | is in compliance with all of the standards necessary to | ||||||
18 | maintain its status as an organization described in Section | ||||||
19 | 501(c)(3) of the Internal Revenue Code of 1986 (or any | ||||||
20 | successor provision of federal tax law). The Department shall | ||||||
21 | grant a grace period of 24 months from the effective date of | ||||||
22 | this amendatory Act of the 94th General Assembly for existing | ||||||
23 | child welfare agencies providing adoption services to obtain | ||||||
24 | 501(c)(3) status. The Department shall permit an existing child | ||||||
25 | welfare agency that converts from its current structure in | ||||||
26 | order to be recognized as a 501(c)(3) organization as required |
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1 | by this Section to either retain its current license or | ||||||
2 | transfer its current license to a newly formed entity, if the | ||||||
3 | creation of a new entity is required in order to comply with | ||||||
4 | this Section, provided that the child welfare agency | ||||||
5 | demonstrates that it continues to meet all other licensing | ||||||
6 | requirements and that the principal officers and directors and | ||||||
7 | programs of the converted child welfare agency or newly | ||||||
8 | organized child welfare agency are substantially the same as | ||||||
9 | the original. The Department shall have the sole discretion to | ||||||
10 | grant a one year extension to any agency unable to obtain | ||||||
11 | 501(c)(3) status within the timeframe specified in this | ||||||
12 | subsection (e), provided that such agency has filed an | ||||||
13 | application for 501(c)(3) status with the Internal Revenue | ||||||
14 | Service within the 2-year timeframe specified in this | ||||||
15 | subsection (e).
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16 | (Source: P.A. 94-586, eff. 8-15-05.)
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17 | (225 ILCS 10/5) (from Ch. 23, par. 2215)
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18 | Sec. 5. (a) In respect to child care institutions, | ||||||
19 | maternity
centers, child welfare agencies, day care centers, | ||||||
20 | day care agencies
and group homes, the Department, upon | ||||||
21 | receiving application filed in
proper order, shall examine the | ||||||
22 | facilities and persons responsible for
care of children | ||||||
23 | therein.
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24 | (b) In respect to foster family and day care homes, | ||||||
25 | applications
may be filed on behalf of such homes by a licensed |
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1 | child welfare agency,
by a State agency authorized to place | ||||||
2 | children in foster care or by
out-of-State agencies approved by | ||||||
3 | the Department to place children in
this State. In respect to | ||||||
4 | day care homes, applications may be filed on
behalf of such | ||||||
5 | homes by a licensed day care agency or licensed child welfare
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6 | agency. In applying for license in behalf of a home in which
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7 | children are placed by and remain under supervision of the | ||||||
8 | applicant
agency, such agency shall certify that the home and | ||||||
9 | persons responsible
for care of unrelated children therein, or | ||||||
10 | the home and relatives responsible
for the care of related | ||||||
11 | children therein, were found to be in reasonable
compliance | ||||||
12 | with standards prescribed by the Department for the type of
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13 | care indicated.
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14 | (c) The Department shall not allow any person to examine | ||||||
15 | facilities
under a provision of this Act who has not passed an | ||||||
16 | examination
demonstrating that such person is familiar with | ||||||
17 | this Act and with the
appropriate standards and regulations of | ||||||
18 | the Department.
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19 | (d) With the exception of day care centers, day care homes, | ||||||
20 | and group day
care homes, licenses shall be issued in such form | ||||||
21 | and manner as prescribed
by the Department and are valid for 4 | ||||||
22 | years from the date issued,
unless
revoked by the Department or | ||||||
23 | voluntarily surrendered by the licensee.
Licenses issued for | ||||||
24 | day care centers, day care homes, and group day care
homes
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25 | shall be valid for 3 years from the date issued, unless revoked | ||||||
26 | by the
Department or voluntarily surrendered by the licensee. |
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1 | When
a licensee has made timely and sufficient application for | ||||||
2 | the renewal of
a license or a new license with reference to any | ||||||
3 | activity of a continuing
nature, the existing license shall | ||||||
4 | continue in full force and effect for
up to 30 days until the | ||||||
5 | final agency decision on the application has been
made. The | ||||||
6 | Department may further extend the period in which such decision
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7 | must be made in individual cases for up to 30 days, but such | ||||||
8 | extensions
shall be only upon good cause shown.
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9 | (e) The Department may issue one 6-month permit to a newly
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10 | established facility for child care to allow that facility | ||||||
11 | reasonable
time to become eligible for a full license. If the | ||||||
12 | facility for child care
is a foster family home, or day care | ||||||
13 | home the Department may issue one
2-month permit only.
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14 | (f) The Department may issue an emergency permit to a child | ||||||
15 | care
facility taking in children as a result of the temporary | ||||||
16 | closure for
more than 2 weeks of a licensed child care facility | ||||||
17 | due to a
natural disaster. An emergency permit under this | ||||||
18 | subsection shall be
issued to a facility only if the persons | ||||||
19 | providing child care services at
the facility were employees of | ||||||
20 | the temporarily closed day care center at the
time it was | ||||||
21 | closed. No investigation of an employee of a child care | ||||||
22 | facility
receiving an emergency permit under this subsection | ||||||
23 | shall be required if that
employee has previously been | ||||||
24 | investigated at another child care facility. No
emergency | ||||||
25 | permit issued under this subsection shall be valid for more | ||||||
26 | than 90
days after the date of issuance.
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1 | (g) During the hours of operation of any licensed child | ||||||
2 | care
facility, authorized representatives of the Department | ||||||
3 | may without
notice visit the facility for the purpose of | ||||||
4 | determining its continuing
compliance with this Act or | ||||||
5 | regulations adopted pursuant thereto.
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6 | (h) Day care centers, day care homes, and group day care | ||||||
7 | homes shall be
monitored at least annually by a licensing | ||||||
8 | representative from the Department
or the agency that | ||||||
9 | recommended licensure. Upon any indicated finding by the | ||||||
10 | Department during an examination of a day care center, day care | ||||||
11 | home, or group day care home, a notice of such finding must be | ||||||
12 | posted upon the main door of the day care center, day care | ||||||
13 | home, or group day care home. This notice must remain posted | ||||||
14 | until such time as the Department has deemed the finding | ||||||
15 | cleared or corrected and has instructed the center or home that | ||||||
16 | the notice may be removed. The Department shall post | ||||||
17 | information concerning any indicated findings made during an | ||||||
18 | examination of a day care center, day care home, or group day | ||||||
19 | care home on its Internet website. Notwithstanding any other | ||||||
20 | rulemaking authority that may exist, neither the Governor nor | ||||||
21 | any agency or agency head under the jurisdiction of the | ||||||
22 | Governor has any authority to make or promulgate rules to | ||||||
23 | implement or enforce the provisions of this amendatory Act of | ||||||
24 | the 95th General Assembly. If, however, the Governor believes | ||||||
25 | that rules are necessary to implement or enforce the provisions | ||||||
26 | of this amendatory Act of the 95th General Assembly, the |
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1 | Governor may suggest rules to the General Assembly by filing | ||||||
2 | them with the Clerk of the House and the Secretary of the | ||||||
3 | Senate and by requesting that the General Assembly authorize | ||||||
4 | such rulemaking by law, enact those suggested rules into law, | ||||||
5 | or take any other appropriate action in the General Assembly's | ||||||
6 | discretion. Nothing contained in this amendatory Act of the | ||||||
7 | 95th General Assembly shall be interpreted to grant rulemaking | ||||||
8 | authority under any other Illinois statute where such authority | ||||||
9 | is not otherwise explicitly given. For the purposes of this | ||||||
10 | amendatory Act of the 95th General Assembly, "rules" is given | ||||||
11 | the meaning contained in Section 1-70 of the Illinois | ||||||
12 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
13 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
14 | the Illinois Administrative Procedure Act to the extent that | ||||||
15 | such definitions apply to agencies or agency heads under the | ||||||
16 | jurisdiction of the Governor.
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17 | (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 89-626, | ||||||
18 | eff.
8-9-96.)
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