Full Text of SB1600 98th General Assembly
SB1600 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1600 Introduced 2/13/2013, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 225 ILCS 10/2.28 new | | 225 ILCS 10/2.29 new | |
225 ILCS 10/4.1 | from Ch. 23, par. 2214.1 |
|
Amends the Child Care Act of 1969. Defines the terms "non-licensed service provider" and "volunteer". In provisions concerning criminal background investigations, extends criminal background check requirements to include non-licensed service providers and volunteers. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB1600 | | LRB098 02594 MGM 32599 b |
|
| 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 Section 4.1 and by adding Sections 2.28 and 2.29 as | 6 | | follows: | 7 | | (225 ILCS 10/2.28 new) | 8 | | Sec. 2.28. Non-licensed service provider. "Non-licensed | 9 | | service provider" means an individual or entity that contracts | 10 | | with the Department to provide child welfare services that | 11 | | enable the Department to perform its duties under the Abused | 12 | | and Neglected Child Reporting Act, the Child Care Act of 1969, | 13 | | and the Children and Family Services Act. "Non-licensed service | 14 | | provider" includes an entity offering a service to the | 15 | | Department through a signed contract. | 16 | | (225 ILCS 10/2.29 new) | 17 | | Sec. 2.29. Volunteer. "Volunteer" means a person who | 18 | | performs a service willingly and without pay.
| 19 | | (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
| 20 | | Sec. 4.1. Criminal Background Investigations. The | 21 | | Department shall
require that each child care facility license |
| | | SB1600 | - 2 - | LRB098 02594 MGM 32599 b |
|
| 1 | | applicant as part of the
application process, and each | 2 | | employee , non-licensed service provider, and volunteer of a | 3 | | child care facility as a
condition of employment, authorize an | 4 | | investigation to determine if such
applicant , or employee , | 5 | | non-licensed service provider, or volunteer has ever been | 6 | | charged with a crime and if so, the
disposition of those | 7 | | charges; this authorization shall indicate the scope of
the | 8 | | inquiry and the agencies which may be contacted. Upon this
| 9 | | authorization, the Director shall request and receive | 10 | | information and
assistance from any federal, State or local | 11 | | governmental agency as part of
the authorized investigation.
| 12 | | Each applicant , employee, non-licensed service provider, or | 13 | | volunteer shall submit his or her fingerprints to the | 14 | | Department
of State Police in the form and manner prescribed by | 15 | | the Department of State
Police. These fingerprints shall be | 16 | | checked against the fingerprint records
now and hereafter filed | 17 | | in the Department of State
Police and Federal Bureau of | 18 | | Investigation criminal history records
databases. The | 19 | | Department of State Police shall charge
a fee for conducting | 20 | | the criminal history records check, which shall be
deposited in | 21 | | the State Police Services Fund and shall not exceed the actual
| 22 | | cost of the records check.
The Department of State Police shall | 23 | | provide
information concerning any criminal charges, and their | 24 | | disposition, now or
hereafter filed, against an applicant , or | 25 | | child care facility employee , non-licensed service provider, | 26 | | or volunteer upon
request of the Department of Children and |
| | | SB1600 | - 3 - | LRB098 02594 MGM 32599 b |
|
| 1 | | Family Services when the request
is made in the form and manner | 2 | | required by the Department of State Police.
| 3 | | Information concerning convictions of a license applicant , | 4 | | employee, non-licensed service provider, and volunteer | 5 | | investigated
under this Section, including the source of the | 6 | | information and any
conclusions or recommendations derived | 7 | | from the information, shall be
provided, upon request, to such | 8 | | applicant , employee, non-licensed service provider, and | 9 | | volunteer, prior to final action by the
Department on the | 10 | | application.
State
conviction information provided by the | 11 | | Department of State Police regarding
employees
or prospective | 12 | | employees , non-licensed service providers, and volunteers, of | 13 | | child care facilities licensed under this Act
shall be provided | 14 | | to the operator of such facility, and, upon request, to
the | 15 | | employee or prospective employee , non-licensed service | 16 | | provider, or volunteer . Any information concerning criminal
| 17 | | charges and the disposition of such charges obtained by the | 18 | | Department
shall be confidential and may not be transmitted | 19 | | outside the Department,
except as required herein, and may not | 20 | | be transmitted to anyone within the
Department except as needed | 21 | | for the purpose of evaluating an application or
a child care | 22 | | facility employee , non-licensed service provider, or | 23 | | volunteer . Only information and standards which bear a
| 24 | | reasonable and rational relation to the performance of a child | 25 | | care
facility shall be used by the Department or any licensee. | 26 | | Any employee of
the Department of Children and Family Services, |
| | | SB1600 | - 4 - | LRB098 02594 MGM 32599 b |
|
| 1 | | Department of State Police,
or a child care facility receiving | 2 | | confidential information under this
Section who gives or causes | 3 | | to be given any confidential information
concerning any | 4 | | criminal convictions of a child care facility applicant, or
| 5 | | child care facility employee, non-licensed service providers, | 6 | | or volunteers, shall be guilty of a Class A misdemeanor
unless | 7 | | release of such information is authorized by this Section.
| 8 | | A child care facility may hire, on a probationary basis, | 9 | | any employee , non-licensed service provider, or volunteer
| 10 | | authorizing a criminal background investigation under this | 11 | | Section, pending
the result of such investigation. Employees , | 12 | | non-licensed service providers, and volunteers shall be | 13 | | notified prior to
hiring that such employment may be terminated | 14 | | on the basis of criminal
background information obtained by the | 15 | | facility.
| 16 | | (Source: P.A. 93-418, eff. 1-1-04.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
|
|