Illinois General Assembly - Full Text of SB1638
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Full Text of SB1638  98th General Assembly



State of Illinois
2013 and 2014


Introduced 2/13/2013, by Sen. Dan Kotowski


225 ILCS 10/4  from Ch. 23, par. 2214

    Amends the Child Care Act of 1969. Makes a technical change in a Section concerning license requirements.

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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 Section 4 as follows:
6    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
7    Sec. 4. License requirement; application; notice.
8    (a) Any person, group of of persons or corporation who or
9which receives children or arranges for care or placement of
10one or more children unrelated to the operator must apply for a
11license to operate one of the types of facilities defined in
12Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
13relative who receives a child or children for placement by the
14Department on a full-time basis may apply for a license to
15operate a foster family home as defined in Section 2.17 of this
17    (a-5) Any agency, person, group of persons, association,
18organization, corporation, institution, center, or group
19providing adoption services must be licensed by the Department
20as a child welfare agency as defined in Section 2.08 of this
21Act. "Providing adoption services" as used in this Act,
22includes facilitating or engaging in adoption services.
23    (b) Application for a license to operate a child care



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



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1meet standards prescribed for the type of facility for which
2application is made, it shall issue a license in proper form,
3designating on that license the type of child care facility
4and, except for a child welfare agency, the number of children
5to be served at any one time.
6    (e) The Department shall not issue or renew the license of
7any child welfare agency providing adoption services, unless
8the agency (i) is officially recognized by the United States
9Internal Revenue Service as a tax-exempt organization
10described in Section 501(c)(3) of the Internal Revenue Code of
111986 (or any successor provision of federal tax law) and (ii)
12is in compliance with all of the standards necessary to
13maintain its status as an organization described in Section
14501(c)(3) of the Internal Revenue Code of 1986 (or any
15successor provision of federal tax law). The Department shall
16grant a grace period of 24 months from the effective date of
17this amendatory Act of the 94th General Assembly for existing
18child welfare agencies providing adoption services to obtain
19501(c)(3) status. The Department shall permit an existing child
20welfare agency that converts from its current structure in
21order to be recognized as a 501(c)(3) organization as required
22by this Section to either retain its current license or
23transfer its current license to a newly formed entity, if the
24creation of a new entity is required in order to comply with
25this Section, provided that the child welfare agency
26demonstrates that it continues to meet all other licensing



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1requirements and that the principal officers and directors and
2programs of the converted child welfare agency or newly
3organized child welfare agency are substantially the same as
4the original. The Department shall have the sole discretion to
5grant a one year extension to any agency unable to obtain
6501(c)(3) status within the timeframe specified in this
7subsection (e), provided that such agency has filed an
8application for 501(c)(3) status with the Internal Revenue
9Service within the 2-year timeframe specified in this
10subsection (e).
11(Source: P.A. 94-586, eff. 8-15-05.)