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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing 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 | 8 | | operate or
conduct any facility for child care, as defined in | 9 | | this Act, without a
license or permit issued by the Department | 10 | | or without being approved by
the Department as meeting the | 11 | | standards established for such licensing,
with the exception | 12 | | of facilities for whom standards are established by the
| 13 | | Department of Corrections under Section 3-15-2 of the Unified | 14 | | Code of
Corrections and with the exception of facilities | 15 | | defined in Section 2.10
of this Act, and with the exception of | 16 | | programs or facilities licensed by
the Department of Human | 17 | | Services under the Substance Use Disorder Act.
| 18 | | (b) No part day child care facility as described in | 19 | | Section 2.10 may operate
without written notification to the | 20 | | Department or without complying with
Section 7.1. Notification | 21 | | shall include a notarized statement by the facility
that the | 22 | | facility complies with State state or local health standards | 23 | | and State state
fire safety standards, and shall be filed with |
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| 1 | | the department every 2 years.
| 2 | | (c) The Director of the Department shall establish | 3 | | policies and coordinate
activities relating to child care | 4 | | licensing, licensing of day care homes ,
and day care centers.
| 5 | | (d) Any facility or agency which is exempt from licensing | 6 | | may apply for
licensing if licensing is required for some | 7 | | government 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 | 10 | | Department shall provide written verification of exemption and | 11 | | description of compliance with standards for the health, | 12 | | safety, and development of the children who receive the | 13 | | services upon submission by the provider of, in addition to | 14 | | any other documentation required by the Department, a | 15 | | notarized statement that the facility complies with: (1) the | 16 | | standards of the Department of Public Health or local health | 17 | | department, (2) the fire safety standards of the State Fire | 18 | | Marshal, and (3) if operated in a public school building, the | 19 | | health and safety standards of the State Board of Education.
| 20 | | (f) A qualified child care director, as defined in 89 Ill. | 21 | | Adm. Code 407.130, must be present at the open or close of the | 22 | | facility. A qualified early childhood teacher, as defined in | 23 | | 89 Ill. Adm. Code 407.140, who has been employed by the | 24 | | facility continuously for at least 24 months may otherwise be | 25 | | present for the first or last hour of the workday. | 26 | | (g) A child care facility licensed under this Act may |
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| 1 | | allow programs to staff classrooms with early childhood | 2 | | assistant qualified staff for up to 3 hours of the program day | 3 | | if 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 | 7 | | early childhood teacher must meet one of the following | 8 | | qualifications: | 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 | 7 | | minimum standards
for licensing that apply to the various | 8 | | types of facilities for child care
defined in this Act and that | 9 | | are equally applicable to like institutions
under the control | 10 | | of the Department and to foster family homes used by and
under | 11 | | the direct supervision of the Department. The Department shall | 12 | | seek
the advice and assistance of persons representative of | 13 | | the various types of
child care facilities in establishing | 14 | | such standards. The standards
prescribed and published under | 15 | | this Act take effect as provided in the
Illinois | 16 | | Administrative Procedure Act, and are restricted to
| 17 | | regulations pertaining to the following matters and to any | 18 | | rules and regulations required or permitted by any other | 19 | | Section 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, | 3 | | licensed group day care home providers, and licensed day care | 4 | | center directors and classroom staff shall participate in at | 5 | | least one training that includes the topics of early childhood | 6 | | social emotional learning, infant and early childhood mental | 7 | | health, early childhood trauma, or adverse childhood | 8 | | experiences. Current licensed providers, directors, and | 9 | | classroom staff shall complete training by July 1, 2022 and | 10 | | shall participate in training that includes the above topics | 11 | | at least once every 3 years. | 12 | | (b) If, in a facility for general child care, there are | 13 | | children
diagnosed as mentally ill or children diagnosed as | 14 | | having an intellectual or physical disability, who
are | 15 | | determined to be in need of special mental treatment or of | 16 | | nursing
care, or both mental treatment and nursing care, the | 17 | | Department shall seek
the advice and recommendation of the | 18 | | Department of Human Services,
the Department of Public Health, | 19 | | or both
Departments regarding the residential treatment and | 20 | | nursing care provided
by the institution.
| 21 | | (c) The Department shall investigate any person applying | 22 | | to be
licensed as a foster parent to determine whether there is | 23 | | any evidence of
current drug or alcohol abuse in the | 24 | | prospective foster family. The
Department shall not license a | 25 | | person as a foster parent if drug or alcohol
abuse has been | 26 | | identified in the foster family or if a reasonable suspicion
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| 1 | | of such abuse exists, except that the Department may grant a | 2 | | foster parent
license to an applicant identified with an | 3 | | alcohol or drug problem if the
applicant has successfully | 4 | | participated in an alcohol or drug treatment
program, | 5 | | self-help group, or other suitable activities and if the | 6 | | Department determines that the foster family home can provide | 7 | | a safe, appropriate environment and meet the physical and | 8 | | emotional needs of children.
| 9 | | (d) The Department, in applying standards prescribed and | 10 | | published, as
herein provided, shall offer consultation | 11 | | through employed staff or other
qualified persons to assist | 12 | | applicants and licensees in meeting and
maintaining minimum | 13 | | requirements for a license and to help them otherwise
to | 14 | | achieve programs of excellence related to the care of children | 15 | | served.
Such consultation shall include providing information | 16 | | concerning education
and training in early childhood | 17 | | development to providers of day care home
services. The | 18 | | Department may provide or arrange for such education and
| 19 | | training for those providers who request such assistance.
| 20 | | (e) The Department shall distribute copies of licensing
| 21 | | standards to all licensees and applicants for a license. Each | 22 | | licensee or
holder of a permit shall distribute copies of the | 23 | | appropriate licensing
standards and any other information | 24 | | required by the Department to child
care facilities under its | 25 | | supervision. Each licensee or holder of a permit
shall | 26 | | maintain appropriate documentation of the distribution of the
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| 1 | | standards. Such documentation shall be part of the records of | 2 | | the facility
and subject to inspection by authorized | 3 | | representatives of the Department.
| 4 | | (f) The Department shall prepare summaries of day care | 5 | | licensing
standards. Each licensee or holder of a permit for a | 6 | | day care facility
shall distribute a copy of the appropriate | 7 | | summary and any other
information required by the Department, | 8 | | to the legal guardian of each child
cared for in that facility | 9 | | at the time when the child is enrolled or
initially placed in | 10 | | the facility. The licensee or holder of a permit for a
day care | 11 | | facility shall secure appropriate documentation of the
| 12 | | distribution of the summary and brochure. Such documentation | 13 | | shall be a
part of the records of the facility and subject to | 14 | | inspection by an
authorized representative of the Department.
| 15 | | (g) The Department shall distribute to each licensee and
| 16 | | holder of a permit copies of the licensing or permit standards | 17 | | applicable
to such person's facility. Each licensee or holder | 18 | | of a permit shall make
available by posting at all times in a | 19 | | common or otherwise accessible area
a complete and current set | 20 | | of licensing standards in order that all
employees of the | 21 | | facility may have unrestricted access to such standards.
All | 22 | | employees of the facility shall have reviewed the standards | 23 | | and any
subsequent changes. Each licensee or holder of a | 24 | | permit shall maintain
appropriate documentation of the current | 25 | | review of licensing standards by
all employees. Such records | 26 | | shall be part of the records of the facility
and subject to |
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| 1 | | inspection by authorized representatives of the Department.
| 2 | | (h) Any standards involving physical examinations, | 3 | | immunization,
or medical treatment shall include appropriate | 4 | | exemptions for children
whose parents object thereto on the | 5 | | grounds that they conflict with the
tenets and practices of a | 6 | | recognized church or religious organization, of
which the | 7 | | parent is an adherent or member, and for children who should | 8 | | not
be subjected to immunization for clinical reasons.
| 9 | | (i) The Department, in cooperation with the Department of | 10 | | Public Health, shall work to increase immunization awareness | 11 | | and participation among parents of children enrolled in day | 12 | | care centers and day care homes by publishing on the | 13 | | Department's website information about the benefits of | 14 | | immunization against vaccine preventable diseases, including | 15 | | influenza and pertussis. The information for vaccine | 16 | | preventable diseases shall include the incidence and severity | 17 | | of the diseases, the availability of vaccines, and the | 18 | | importance of immunizing children and persons who frequently | 19 | | have close contact with children. The website content shall be | 20 | | reviewed annually in collaboration with the Department of | 21 | | Public Health to reflect the most current recommendations of | 22 | | the Advisory Committee on Immunization Practices (ACIP). The | 23 | | Department shall work with day care centers and day care homes | 24 | | licensed under this Act to ensure that the information is | 25 | | annually distributed to parents in August or September. | 26 | | (j) Any standard adopted by the Department that requires |
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| 1 | | an applicant for a license to operate a day care home to | 2 | | include a copy of a high school diploma or equivalent | 3 | | certificate with his or her application shall be deemed to be | 4 | | satisfied if the applicant includes a copy of a high school | 5 | | diploma or equivalent certificate or a copy of a degree from an | 6 | | accredited institution of higher education or vocational | 7 | | institution or equivalent certificate. | 8 | | (Source: P.A. 102-4, eff. 4-27-21.)
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