95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2552

 

Introduced 2/15/2008, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/9A-11.5

    Amends the Illinois Public Aid Code. Provides that as a condition of eligibility to participate in the child care assistance program, a child care provider must authorize in writing an investigation to determine whether the child care provider has ever been charged with a crime and, if so, the disposition of those charges. Provides for confidentiality of information received by the Department of Human Services. Eliminates a provision that the Department of Human Services shall request the Department of Children and Family Services to conduct periodic investigations of the Central Register maintained under the Abused and Neglected Child Reporting Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2552 LRB095 19700 DRJ 46060 b

1     AN ACT concerning public aid.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Public Aid Code is amended by
5 changing Section 9A-11.5 as follows:
 
6     (305 ILCS 5/9A-11.5)
7     Sec. 9A-11.5. Investigate child care providers. Any child
8 care provider receiving funds from the child care assistance
9 program under this Code who is not required to be licensed
10 under the Child Care Act of 1969 shall, as a condition of
11 eligibility to participate in the child care assistance program
12 under this Code, do the following:
13         (1) Authorize authorize in writing on a form prescribed
14     by the Department of Children and Family Services, periodic
15     investigations of the Central Register, as defined in the
16     Abused and Neglected Child Reporting Act, to ascertain if
17     the child care provider has been determined to be a
18     perpetrator in an indicated report of child abuse or
19     neglect. The Department of Children and Family Services
20     shall conduct an investigation of the Central Register at
21     the request of the Department. The Department shall request
22     the Department of Children and Family Services to conduct
23     periodic investigations of the Central Register.

 

 

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1         (2) Authorize in writing an investigation to determine
2     if the child care provider has ever been charged with a
3     crime and, if so, the disposition of those charges. Upon
4     this authorization, the Department shall request and
5     receive information and assistance from any federal,
6     State, or local governmental agency as part of the
7     authorized investigation. The Department of State Police
8     shall provide information concerning any criminal charges,
9     and their disposition, whether filed before or on or after
10     the effective date of this amendatory Act of the 95th
11     General Assembly, against a child care provider upon the
12     request of the Department when the request is made in the
13     form and manner required by the Department of State Police.
14     Any information concerning criminal charges and the
15     disposition of those charges obtained by the Department is
16     confidential and may not be transmitted (i) outside the
17     Department except as required in this Section or (ii) to
18     anyone within the Department except as needed for the
19     purposes of determining participation in the child care
20     assistance program.
21     The Department shall by rule determine when payment to an
22 unlicensed child care provider may be withheld if there is an
23 indicated finding against the provider based on the results of
24 the Central Register search and the criminal background
25 information obtained by the Department in the Central Register.
26 (Source: P.A. 92-825, eff. 8-21-02.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.