Rep. Sara Feigenholtz

Filed: 3/21/2014

 

 


 

 


 
09800HB4636ham001LRB098 17076 HEP 56845 a

1
AMENDMENT TO HOUSE BILL 4636

2    AMENDMENT NO. ______. Amend House Bill 4636 on page 1, line
35, by changing "Section 2.04" to "Sections 2.04, 2.05, 2.17, 4,
4and 5"; and
 
5on page 1, line 16, after "Act", by inserting the following:
 
6", whose parent has signed a denial of paternity pursuant to
7Section 12 of the Vital Records Act or Section 12a of the
8Adoption Act,"; and
 
9on page 2, by inserting immediately below line 3 the following:
 
10    "(225 ILCS 10/2.05)  (from Ch. 23, par. 2212.05)
11    Sec. 2.05. "Facility for child care" or "child care
12facility" means any person, group of persons, agency,
13association, organization, corporation, institution, center,
14or group, whether established for gain or otherwise, who or

 

 

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1which receives or arranges for care or placement of one or more
2children, unrelated to the operator of the facility, apart from
3the parents, with or without the transfer of the right of
4custody in any facility as defined in this Act, established and
5maintained for the care of children. "Child care facility"
6includes a relative, as defined in Section 2.17 of this Act,
7who is licensed as a foster family home under Section 4 of this
8Act.
9(Source: P.A. 94-586, eff. 8-15-05.)
 
10    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
11    Sec. 2.17. "Foster family home" means a facility for child
12care in residences of families who receive no more than 8
13children unrelated to them, unless all the children are of
14common parentage, or residences of relatives who receive no
15more than 8 related children placed by the Department, unless
16the children are of common parentage, for the purpose of
17providing family care and training for the children on a
18full-time basis, except the Director of Children and Family
19Services, pursuant to Department regulations, may waive the
20limit of 8 children unrelated to an adoptive family for good
21cause and only to facilitate an adoptive placement. The
22family's or relative's own children, under 18 years of age,
23shall be included in determining the maximum number of children
24served. For purposes of this Section, a "relative" includes any
25person, 21 years of age or over, other than the parent, who (i)

 

 

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1is currently related to the child in any of the following ways
2by blood or adoption: grandparent, sibling, great-grandparent,
3uncle, aunt, nephew, niece, first cousin, great-uncle, or
4great-aunt; or (ii) is the spouse of such a relative; or (iii)
5is a child's step-father, step-mother, or adult step-brother or
6step-sister; "relative" also includes a person related in any
7of the foregoing ways to a sibling of a child, even though the
8person is not related to the child, when the child and its
9sibling are placed together with that person. For purposes of
10placement of children pursuant to Section 7 of the Children and
11Family Services Act and for purposes of licensing requirements
12set forth in Section 4 of this Act, for children under the
13custody or guardianship of the Department pursuant to the
14Juvenile Court Act of 1987, after a parent signs a consent,
15surrender, or waiver and after a parent's rights are
16terminated, and while the child remains in the custody or
17guardianship of the Department, the child is considered to be
18related to those to whom the child was related under this
19Section prior to the signing of the consent, surrender, or
20waiver or the order of termination of parental rights. The term
21"foster family home" includes homes receiving children from any
22State-operated institution for child care; or from any agency
23established by a municipality or other political subdivision of
24the State of Illinois authorized to provide care for children
25outside their own homes. The term "foster family home" does not
26include an "adoption-only home" as defined in Section 2.23 of

 

 

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1this Act. The types of foster family homes are defined as
2follows:
3    (a) "Boarding home" means a foster family home which
4receives payment for regular full-time care of a child or
5children.
6    (b) "Free home" means a foster family home other than an
7adoptive home which does not receive payments for the care of a
8child or children.
9    (c) "Adoptive home" means a foster family home which
10receives a child or children for the purpose of adopting the
11child or children.
12    (d) "Work-wage home" means a foster family home which
13receives a child or children who pay part or all of their board
14by rendering some services to the family not prohibited by the
15Child Labor Law or by standards or regulations of the
16Department prescribed under this Act. The child or children may
17receive a wage in connection with the services rendered the
18foster family.
19    (e) "Agency-supervised home" means a foster family home
20under the direct and regular supervision of a licensed child
21welfare agency, of the Department of Children and Family
22Services, of a circuit court, or of any other State agency
23which has authority to place children in child care facilities,
24and which receives no more than 8 children, unless of common
25parentage, who are placed and are regularly supervised by one
26of the specified agencies.

 

 

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1    (f) "Independent home" means a foster family home, other
2than an adoptive home, which receives no more than 4 children,
3unless of common parentage, directly from parents, or other
4legally responsible persons, by independent arrangement and
5which is not subject to direct and regular supervision of a
6specified agency except as such supervision pertains to
7licensing by the Department.
8(Source: P.A. 92-318, eff. 1-1-02.)
 
9    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
10    Sec. 4. License requirement; application; notice.
11    (a) Any person, group of persons or corporation who or
12which receives children or arranges for care or placement of
13one or more children unrelated to the operator must apply for a
14license to operate one of the types of facilities defined in
15Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
16relative, as defined in Section 2.17 of this Act, who receives
17a child or children for placement by the Department on a
18full-time basis may apply for a license to operate a foster
19family home as defined in Section 2.17 of this Act.
20    (a-5) Any agency, person, group of persons, association,
21organization, corporation, institution, center, or group
22providing adoption services must be licensed by the Department
23as a child welfare agency as defined in Section 2.08 of this
24Act. "Providing adoption services" as used in this Act,
25includes facilitating or engaging in adoption services.

 

 

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1    (b) Application for a license to operate a child care
2facility must be made to the Department in the manner and on
3forms prescribed by it. An application to operate a foster
4family home shall include, at a minimum: a completed written
5form; written authorization by the applicant and all adult
6members of the applicant's household to conduct a criminal
7background investigation; medical evidence in the form of a
8medical report, on forms prescribed by the Department, that the
9applicant and all members of the household are free from
10communicable diseases or physical and mental conditions that
11affect their ability to provide care for the child or children;
12the names and addresses of at least 3 persons not related to
13the applicant who can attest to the applicant's moral
14character; and fingerprints submitted by the applicant and all
15adult members of the applicant's household.
16    (c) The Department shall notify the public when a child
17care institution, maternity center, or group home licensed by
18the Department undergoes a change in (i) the range of care or
19services offered at the facility, (ii) the age or type of
20children served, or (iii) the area within the facility used by
21children. The Department shall notify the public of the change
22in a newspaper of general circulation in the county or
23municipality in which the applicant's facility is or is
24proposed to be located.
25    (d) If, upon examination of the facility and investigation
26of persons responsible for care of children, the Department is

 

 

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1satisfied that the facility and responsible persons reasonably
2meet standards prescribed for the type of facility for which
3application is made, it shall issue a license in proper form,
4designating on that license the type of child care facility
5and, except for a child welfare agency, the number of children
6to be served at any one time.
7    (e) The Department shall not issue or renew the license of
8any child welfare agency providing adoption services, unless
9the agency (i) is officially recognized by the United States
10Internal Revenue Service as a tax-exempt organization
11described in Section 501(c)(3) of the Internal Revenue Code of
121986 (or any successor provision of federal tax law) and (ii)
13is in compliance with all of the standards necessary to
14maintain its status as an organization described in Section
15501(c)(3) of the Internal Revenue Code of 1986 (or any
16successor provision of federal tax law). The Department shall
17grant a grace period of 24 months from the effective date of
18this amendatory Act of the 94th General Assembly for existing
19child welfare agencies providing adoption services to obtain
20501(c)(3) status. The Department shall permit an existing child
21welfare agency that converts from its current structure in
22order to be recognized as a 501(c)(3) organization as required
23by this Section to either retain its current license or
24transfer its current license to a newly formed entity, if the
25creation of a new entity is required in order to comply with
26this Section, provided that the child welfare agency

 

 

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1demonstrates that it continues to meet all other licensing
2requirements and that the principal officers and directors and
3programs of the converted child welfare agency or newly
4organized child welfare agency are substantially the same as
5the original. The Department shall have the sole discretion to
6grant a one year extension to any agency unable to obtain
7501(c)(3) status within the timeframe specified in this
8subsection (e), provided that such agency has filed an
9application for 501(c)(3) status with the Internal Revenue
10Service within the 2-year timeframe specified in this
11subsection (e).
12(Source: P.A. 94-586, eff. 8-15-05.)
 
13    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
14    Sec. 5. (a) In respect to child care institutions,
15maternity centers, child welfare agencies, day care centers,
16day care agencies and group homes, the Department, upon
17receiving application filed in proper order, shall examine the
18facilities and persons responsible for care of children
19therein.
20    (b) In respect to foster family and day care homes,
21applications may be filed on behalf of such homes by a licensed
22child welfare agency, by a State agency authorized to place
23children in foster care or by out-of-State agencies approved by
24the Department to place children in this State. In respect to
25day care homes, applications may be filed on behalf of such

 

 

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1homes by a licensed day care agency or licensed child welfare
2agency. In applying for license in behalf of a home in which
3children are placed by and remain under supervision of the
4applicant agency, such agency shall certify that the home and
5persons responsible for care of unrelated children therein, or
6the home and relatives, as defined in Section 2.17 of this Act,
7responsible for the care of related children therein, were
8found to be in reasonable compliance with standards prescribed
9by the Department for the type of care indicated.
10    (c) The Department shall not allow any person to examine
11facilities under a provision of this Act who has not passed an
12examination demonstrating that such person is familiar with
13this Act and with the appropriate standards and regulations of
14the Department.
15    (d) With the exception of day care centers, day care homes,
16and group day care homes, licenses shall be issued in such form
17and manner as prescribed by the Department and are valid for 4
18years from the date issued, unless revoked by the Department or
19voluntarily surrendered by the licensee. Licenses issued for
20day care centers, day care homes, and group day care homes
21shall be valid for 3 years from the date issued, unless revoked
22by the Department or voluntarily surrendered by the licensee.
23When a licensee has made timely and sufficient application for
24the renewal of a license or a new license with reference to any
25activity of a continuing nature, the existing license shall
26continue in full force and effect for up to 30 days until the

 

 

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1final agency decision on the application has been made. The
2Department may further extend the period in which such decision
3must be made in individual cases for up to 30 days, but such
4extensions shall be only upon good cause shown.
5    (e) The Department may issue one 6-month permit to a newly
6established facility for child care to allow that facility
7reasonable time to become eligible for a full license. If the
8facility for child care is a foster family home, or day care
9home the Department may issue one 2-month permit only.
10    (f) The Department may issue an emergency permit to a child
11care facility taking in children as a result of the temporary
12closure for more than 2 weeks of a licensed child care facility
13due to a natural disaster. An emergency permit under this
14subsection shall be issued to a facility only if the persons
15providing child care services at the facility were employees of
16the temporarily closed day care center at the time it was
17closed. No investigation of an employee of a child care
18facility receiving an emergency permit under this subsection
19shall be required if that employee has previously been
20investigated at another child care facility. No emergency
21permit issued under this subsection shall be valid for more
22than 90 days after the date of issuance.
23    (g) During the hours of operation of any licensed child
24care facility, authorized representatives of the Department
25may without notice visit the facility for the purpose of
26determining its continuing compliance with this Act or

 

 

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1regulations adopted pursuant thereto.
2    (h) Day care centers, day care homes, and group day care
3homes shall be monitored at least annually by a licensing
4representative from the Department or the agency that
5recommended licensure.
6(Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 89-626,
7eff. 8-9-96.)"; and
 
8on page 2, line 23, after "Act", by inserting the following:
 
9"or whose parent has signed a denial of paternity pursuant to
10Section 12 of the Vital Records Act or Section 12a of this
11Act"; and
 
12on page 13, line 26, by deleting "or "co-parent""; and
 
13on page 14, line 5, after "Act", by inserting "or Section 12a
14of this Act"; and
 
15on page 14, line 8, by changing "or waiver" to "waiver, or
16denial"; and
 
17on page 20, line 4, after "Act", by inserting the following:
 
18"or a waiver pursuant to Section 10 of this Act"; and
 

 

 

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1on page 22, by replacing lines 2 through 8 with the following:
 
2    "B. The residence requirement specified in paragraph A of
3this Section shall not apply to:
4        (a) an adoption of a related child;
5        (b) an adoption of a child placed by an agency: or
6        (c) an adoption in which the child to be adopted has
7    resided in this State: (1) for a period of 6 months
8    immediately preceding the commencement of the adoption
9    proceeding; or (2) since birth if the child is not yet 6
10    months of age.
11    The residence requirement specified in paragraph A of this
12Section shall not apply to an adoption of a related child or to
13an adoption of a child placed by an agency.".