Illinois General Assembly - Full Text of HB3676
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Full Text of HB3676  103rd General Assembly

HB3676 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3676

 

Introduced 2/17/2023, by Rep. Harry Benton and Diane Blair-Sherlock

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 10/3  from Ch. 23, par. 2213
225 ILCS 10/6.5 new
225 ILCS 10/7  from Ch. 23, par. 2217

    Amends the Child Care Act of 1969. Provides that a qualified child care director must be present at the open or close of the facility. Provides that a qualified early childhood teacher who has been employed by the facility continuously for at least 24 months may otherwise be present for the first or last hour of the workday. Provides that a child care facility licensed under the Act may allow programs to staff classrooms with early childhood assistant qualified staff for up to 3 hours of the program day if it is documented in the facility's written staffing plan. Provides that an early childhood teacher must meet one of the following qualifications: (1) complete 60 semester hours from an accredited college or university with either 6 semester hours in early childhood education or complete the Gateways Early Childhood Education Credential Level 1 training; (2) complete 1,560 clock hours of child development experience and 30 semester hours from an accredited college or university with either 6 semester hours in early childhood education or Gateways Early Childhood Education Credential Level 1 training; (3) complete 2,080 clock hours of child development experience as a teacher assistant in a day care center, complete the Gateways Early Childhood Education Credential Level 1 training, and provide proof of enrollment from an accredited college or university until 30 semester hours are attained or proof of enrollment in an early childhood teacher credentialing program, either of which must be completed in no more than 5 years from the date of initial enrollment; or (4) complete a credentialing program approved by the Department of Children and Family Services in accordance with administrative rule. Makes a corresponding change.


LRB103 30454 AMQ 56887 b

 

 

A BILL FOR

 

HB3676LRB103 30454 AMQ 56887 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Sections 3 and 7 and by adding Section 6.5 as follows:
 
6    (225 ILCS 10/3)  (from Ch. 23, par. 2213)
7    Sec. 3. (a) No person, group of persons or corporation may
8operate or conduct any facility for child care, as defined in
9this Act, without a license or permit issued by the Department
10or without being approved by the Department as meeting the
11standards established for such licensing, with the exception
12of facilities for whom standards are established by the
13Department of Corrections under Section 3-15-2 of the Unified
14Code of Corrections and with the exception of facilities
15defined in Section 2.10 of this Act, and with the exception of
16programs or facilities licensed by the Department of Human
17Services under the Substance Use Disorder Act.
18    (b) No part day child care facility as described in
19Section 2.10 may operate without written notification to the
20Department or without complying with Section 7.1. Notification
21shall include a notarized statement by the facility that the
22facility complies with State state or local health standards
23and State state fire safety standards, and shall be filed with

 

 

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1the department every 2 years.
2    (c) The Director of the Department shall establish
3policies and coordinate activities relating to child care
4licensing, licensing of day care homes, and day care centers.
5    (d) Any facility or agency which is exempt from licensing
6may apply for licensing if licensing is required for some
7government benefit.
8    (e) A provider of day care described in items (a) through
9(j) of Section 2.09 of this Act is exempt from licensure. The
10Department shall provide written verification of exemption and
11description of compliance with standards for the health,
12safety, and development of the children who receive the
13services upon submission by the provider of, in addition to
14any other documentation required by the Department, a
15notarized statement that the facility complies with: (1) the
16standards of the Department of Public Health or local health
17department, (2) the fire safety standards of the State Fire
18Marshal, and (3) if operated in a public school building, the
19health and safety standards of the State Board of Education.
20    (f) A qualified child care director, as defined in 89 Ill.
21Adm. Code 407.130, must be present at the open or close of the
22facility. A qualified early childhood teacher, as defined in
2389 Ill. Adm. Code 407.140, who has been employed by the
24facility continuously for at least 24 months may otherwise be
25present for the first or last hour of the workday.
26    (g) A child care facility licensed under this Act may

 

 

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1allow programs to staff classrooms with early childhood
2assistant qualified staff for up to 3 hours of the program day
3if it is documented in the facility's written staffing plan.
4(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
 
5    (225 ILCS 10/6.5 new)
6    Sec. 6.5. Qualifications for early childhood teachers. An
7early childhood teacher must meet one of the following
8qualifications:
9        (1) complete 60 semester hours from an accredited
10    college or university with either 6 semester hours in
11    early childhood education or complete the Gateways Early
12    Childhood Education Credential Level 1 training;
13        (2) complete 1,560 clock hours of child development
14    experience and 30 semester hours from an accredited
15    college or university with either 6 semester hours in
16    early childhood education or Gateways Early Childhood
17    Education Credential Level 1 training;
18        (3) complete 2,080 clock hours of child development
19    experience as a teacher assistant in a day care center,
20    complete the Gateways Early Childhood Education Credential
21    Level 1 training, and provide proof of enrollment from an
22    accredited college or university until 30 semester hours
23    are attained or proof of enrollment in an early childhood
24    teacher credentialing program, either of which must be
25    completed in no more than 5 years from the date of initial

 

 

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1    enrollment; or
2        (4) complete a credentialing program approved by the
3    Department in accordance with 89 Ill. Adm. Code 407
4    Appendix G.
 
5    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
6    Sec. 7. (a) The Department must prescribe and publish
7minimum standards for licensing that apply to the various
8types of facilities for child care defined in this Act and that
9are equally applicable to like institutions under the control
10of the Department and to foster family homes used by and under
11the direct supervision of the Department. The Department shall
12seek the advice and assistance of persons representative of
13the various types of child care facilities in establishing
14such standards. The standards prescribed and published under
15this Act take effect as provided in the Illinois
16Administrative Procedure Act, and are restricted to
17regulations pertaining to the following matters and to any
18rules and regulations required or permitted by any other
19Section of this Act:
20        (1) The operation and conduct of the facility and
21    responsibility it assumes for child care;
22        (2) In accordance with Section 6.5, the The character,
23    suitability and qualifications of the applicant and other
24    persons directly responsible for the care and welfare of
25    children served. All child day care center licensees and

 

 

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1    employees who are required to report child abuse or
2    neglect under the Abused and Neglected Child Reporting Act
3    shall be required to attend training on recognizing child
4    abuse and neglect, as prescribed by Department rules;
5        (3) The general financial ability and competence of
6    the applicant to provide necessary care for children and
7    to maintain prescribed standards;
8        (4) The number of individuals or staff required to
9    insure adequate supervision and care of the children
10    received. The standards shall provide that each child care
11    institution, maternity center, day care center, group
12    home, day care home, and group day care home shall have on
13    its premises during its hours of operation at least one
14    staff member certified in first aid, in the Heimlich
15    maneuver, and in cardiopulmonary resuscitation by the
16    American Red Cross or other organization approved by rule
17    of the Department. Child welfare agencies shall not be
18    subject to such a staffing requirement. The Department may
19    offer, or arrange for the offering, on a periodic basis in
20    each community in this State in cooperation with the
21    American Red Cross, the American Heart Association, or
22    other appropriate organization, voluntary programs to
23    train operators of foster family homes and day care homes
24    in first aid and cardiopulmonary resuscitation;
25        (5) The appropriateness, safety, cleanliness, and
26    general adequacy of the premises, including maintenance of

 

 

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1    adequate fire prevention and health standards conforming
2    to State laws and municipal codes to provide for the
3    physical comfort, care, and well-being of children
4    received;
5        (6) Provisions for food, clothing, educational
6    opportunities, program, equipment, and individual supplies
7    to assure the healthy physical, mental, and spiritual
8    development of children served;
9        (7) Provisions to safeguard the legal rights of
10    children served;
11        (8) Maintenance of records pertaining to the
12    admission, progress, health, and discharge of children,
13    including, for day care centers and day care homes,
14    records indicating each child has been immunized as
15    required by State regulations. The Department shall
16    require proof that children enrolled in a facility have
17    been immunized against Haemophilus Influenzae B (HIB);
18        (9) Filing of reports with the Department;
19        (10) Discipline of children;
20        (11) Protection and fostering of the particular
21    religious faith of the children served;
22        (12) Provisions prohibiting firearms on day care
23    center premises except in the possession of peace
24    officers;
25        (13) Provisions prohibiting handguns on day care home
26    premises except in the possession of peace officers or

 

 

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1    other adults who must possess a handgun as a condition of
2    employment and who reside on the premises of a day care
3    home;
4        (14) Provisions requiring that any firearm permitted
5    on day care home premises, except handguns in the
6    possession of peace officers, shall be kept in a
7    disassembled state, without ammunition, in locked storage,
8    inaccessible to children and that ammunition permitted on
9    day care home premises shall be kept in locked storage
10    separate from that of disassembled firearms, inaccessible
11    to children;
12        (15) Provisions requiring notification of parents or
13    guardians enrolling children at a day care home of the
14    presence in the day care home of any firearms and
15    ammunition and of the arrangements for the separate,
16    locked storage of such firearms and ammunition;
17        (16) Provisions requiring all licensed child care
18    facility employees who care for newborns and infants to
19    complete training every 3 years on the nature of sudden
20    unexpected infant death (SUID), sudden infant death
21    syndrome (SIDS), and the safe sleep recommendations of the
22    American Academy of Pediatrics; and
23        (17) With respect to foster family homes, provisions
24    requiring the Department to review quality of care
25    concerns and to consider those concerns in determining
26    whether a foster family home is qualified to care for

 

 

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1    children.
2    By July 1, 2022, all licensed day care home providers,
3licensed group day care home providers, and licensed day care
4center directors and classroom staff shall participate in at
5least one training that includes the topics of early childhood
6social emotional learning, infant and early childhood mental
7health, early childhood trauma, or adverse childhood
8experiences. Current licensed providers, directors, and
9classroom staff shall complete training by July 1, 2022 and
10shall participate in training that includes the above topics
11at least once every 3 years.
12    (b) If, in a facility for general child care, there are
13children diagnosed as mentally ill or children diagnosed as
14having an intellectual or physical disability, who are
15determined to be in need of special mental treatment or of
16nursing care, or both mental treatment and nursing care, the
17Department shall seek the advice and recommendation of the
18Department of Human Services, the Department of Public Health,
19or both Departments regarding the residential treatment and
20nursing care provided by the institution.
21    (c) The Department shall investigate any person applying
22to be licensed as a foster parent to determine whether there is
23any evidence of current drug or alcohol abuse in the
24prospective foster family. The Department shall not license a
25person as a foster parent if drug or alcohol abuse has been
26identified in the foster family or if a reasonable suspicion

 

 

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1of such abuse exists, except that the Department may grant a
2foster parent license to an applicant identified with an
3alcohol or drug problem if the applicant has successfully
4participated in an alcohol or drug treatment program,
5self-help group, or other suitable activities and if the
6Department determines that the foster family home can provide
7a safe, appropriate environment and meet the physical and
8emotional needs of children.
9    (d) The Department, in applying standards prescribed and
10published, as herein provided, shall offer consultation
11through employed staff or other qualified persons to assist
12applicants and licensees in meeting and maintaining minimum
13requirements for a license and to help them otherwise to
14achieve programs of excellence related to the care of children
15served. Such consultation shall include providing information
16concerning education and training in early childhood
17development to providers of day care home services. The
18Department may provide or arrange for such education and
19training for those providers who request such assistance.
20    (e) The Department shall distribute copies of licensing
21standards to all licensees and applicants for a license. Each
22licensee or holder of a permit shall distribute copies of the
23appropriate licensing standards and any other information
24required by the Department to child care facilities under its
25supervision. Each licensee or holder of a permit shall
26maintain appropriate documentation of the distribution of the

 

 

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1standards. Such documentation shall be part of the records of
2the facility and subject to inspection by authorized
3representatives of the Department.
4    (f) The Department shall prepare summaries of day care
5licensing standards. Each licensee or holder of a permit for a
6day care facility shall distribute a copy of the appropriate
7summary and any other information required by the Department,
8to the legal guardian of each child cared for in that facility
9at the time when the child is enrolled or initially placed in
10the facility. The licensee or holder of a permit for a day care
11facility shall secure appropriate documentation of the
12distribution of the summary and brochure. Such documentation
13shall be a part of the records of the facility and subject to
14inspection by an authorized representative of the Department.
15    (g) The Department shall distribute to each licensee and
16holder of a permit copies of the licensing or permit standards
17applicable to such person's facility. Each licensee or holder
18of a permit shall make available by posting at all times in a
19common or otherwise accessible area a complete and current set
20of licensing standards in order that all employees of the
21facility may have unrestricted access to such standards. All
22employees of the facility shall have reviewed the standards
23and any subsequent changes. Each licensee or holder of a
24permit shall maintain appropriate documentation of the current
25review of licensing standards by all employees. Such records
26shall be part of the records of the facility and subject to

 

 

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1inspection by authorized representatives of the Department.
2    (h) Any standards involving physical examinations,
3immunization, or medical treatment shall include appropriate
4exemptions for children whose parents object thereto on the
5grounds that they conflict with the tenets and practices of a
6recognized church or religious organization, of which the
7parent is an adherent or member, and for children who should
8not be subjected to immunization for clinical reasons.
9    (i) The Department, in cooperation with the Department of
10Public Health, shall work to increase immunization awareness
11and participation among parents of children enrolled in day
12care centers and day care homes by publishing on the
13Department's website information about the benefits of
14immunization against vaccine preventable diseases, including
15influenza and pertussis. The information for vaccine
16preventable diseases shall include the incidence and severity
17of the diseases, the availability of vaccines, and the
18importance of immunizing children and persons who frequently
19have close contact with children. The website content shall be
20reviewed annually in collaboration with the Department of
21Public Health to reflect the most current recommendations of
22the Advisory Committee on Immunization Practices (ACIP). The
23Department shall work with day care centers and day care homes
24licensed under this Act to ensure that the information is
25annually distributed to parents in August or September.
26    (j) Any standard adopted by the Department that requires

 

 

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1an applicant for a license to operate a day care home to
2include a copy of a high school diploma or equivalent
3certificate with his or her application shall be deemed to be
4satisfied if the applicant includes a copy of a high school
5diploma or equivalent certificate or a copy of a degree from an
6accredited institution of higher education or vocational
7institution or equivalent certificate.
8(Source: P.A. 102-4, eff. 4-27-21.)