HB5338 101ST GENERAL ASSEMBLY

LRB101 19360 SPS 68832 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5338

Introduced , by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

225 ILCS 10/11.3 new

Amends the Child Care Act of 1969. Provides that the owner of a day care center that receives State funds directly or through a grantee may not close the day care center unless the owner: gives at least 90 days' written notice of the proposed closure to the parent or guardian of each child attending the day care center; advises the parent or guardian of at least 2 meetings to elicit comment from parents or guardians on the proposed closure; attends the meetings or designates managerial personnel to attend the meetings. Provides that the owner or managerial personnel attending the meetings must be prepared to discuss alternatives to closure or delay of the closure to give parents or guardians additional time to secure alternative day care arrangements. Provides that failure to comply with those requirements is a violation of the Act for which the Department of Children and Family Services may impose any appropriate penalty or grant any appropriate remedy. Provides that the new provisions do not apply to closure by the Department because continued operation would jeopardize the health, safety, morals, or welfare of children. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by adding Section 11.3 as follows:

(225 ILCS 10/11.3 new)

Sec. 11.3. Child care facility notice.

(a) The owner of a day care center that receives State funds directly or through a grantee may not close a day care center unless the owner complies with all of the following requirements:

(1) The owner shall give at least 90 days' written notice of the proposed closure to the parent or guardian of each child attending the day care center.

(2) In the notice, the owner shall advise the parent or guardian of at least 2 meetings to elicit comment from parents or guardians on the proposed closure and shall either attend the meetings or designate managerial personnel to attend the meetings. The owner or managerial personnel attending the meetings must be prepared to discuss alternatives to closure or delay of the closure to give parents or guardians additional time to secure alternative day care arrangements.

(b) Failure to comply with the requirements of subsection (a) is a violation of this Act for which the Department may impose any appropriate penalty or grant any appropriate remedy.

(c) This Section does not apply to a closure under Section 11.2.

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