HB4037 99TH GENERAL ASSEMBLY

LRB099 07309 HAF 27417 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4037

Introduced , by Rep. Pamela Reaves-Harris

SYNOPSIS AS INTRODUCED:

225 ILCS 10/11.2

from Ch. 23, par. 2221.2

Amends the Child Care Act of 1969. Provides that the Department of Children and Family Services shall order for immediate closure of a child care facility whenever the Department expressly finds that the continued operation of a child care facility jeopardizes the health, safety, morals, or welfare of children served by the facility or upon the death of a minor while under the care of the facility, unless the death was medically anticipated or the Department determines that the facility did not violate any rule related to the death. Provides that upon closure, the facility shall immediately notify the parent or guardian of each child enrolled in the program. Requires the Department to immediately investigate the circumstances of the minor's death or the circumstances where a child's health, safety, morals, or welfare are in jeopardy and, if the Department determines that the facility fails to meet any requirements of the Act, the Department shall immediately revoke the facility's license.

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 changing Section 11.2 as follows:

(225 ILCS 10/11.2) (from Ch. 23, par. 2221.2)

Sec. 11.2. The Department shall issue an order of closure directing that the operation of a child care facility or unlicensed facility terminate immediately, and, if applicable, shall initiate revocation proceedings under Section 9 within 10 working days:

(1) whenever Whenever the Department expressly finds that the continued operation of a child care facility, including such facilities defined in Section 2.10 and unlicensed facilities, jeopardizes the health, safety, morals, or welfare of children served by the facility; or

(2) upon the death of a minor while under the care of the facility, unless the death was medically anticipated or the Department determines that the facility did not violate any rule related to the death. , the Department shall issue an order of closure directing that the operation of the facility terminate immediately, and, if applicable, shall initiate revocation proceedings under Section 9 within ten working days.

Upon closure, the facility shall immediately notify the parent or guardian of each child enrolled in the program. Upon closure, the Department shall immediately investigate the circumstances of the minor's death or the circumstances in which a child's health, safety, morals, or welfare were in jeopardy. If the Department determines that the facility fails to meet any requirements of this Act, the Department shall immediately revoke the facility's license.

A facility closed under this Section may not operate during the pendency of any investigation or proceeding for the judicial review of the decision of the Department to issue an order of closure or to revoke or refuse to renew the license, except under court order.

(Source: P.A. 85-216.)