Full Text of SB1999 98th General Assembly
SB1999enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 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 7 as follows:
| 6 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
| 7 | | Sec. 7. (a) The Department must prescribe and publish | 8 | | minimum standards
for licensing that apply to the various types | 9 | | of facilities for child care
defined in this Act and that are | 10 | | equally applicable to like institutions
under the control of | 11 | | the Department and to foster family homes used by and
under the | 12 | | direct supervision of the Department. The Department shall seek
| 13 | | the advice and assistance of persons representative of the | 14 | | various types of
child care facilities in establishing such | 15 | | standards. The standards
prescribed and published under this | 16 | | Act take effect as provided in the
Illinois Administrative | 17 | | Procedure Act, and are restricted to
regulations pertaining to | 18 | | the following matters and to any rules and regulations required | 19 | | or permitted by any other Section of this Act:
| 20 | | (1) The operation and conduct of the facility and | 21 | | responsibility it
assumes for child care;
| 22 | | (2) The character, suitability and qualifications of | 23 | | the applicant and
other persons directly responsible for |
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| 1 | | the care and welfare of children
served. All child day care | 2 | | center licensees and employees who are required
to
report | 3 | | child abuse or neglect under the Abused and Neglected Child | 4 | | Reporting
Act shall be required to attend training on | 5 | | recognizing child abuse and
neglect, as prescribed by | 6 | | Department rules;
| 7 | | (3) The general financial ability and competence of the | 8 | | applicant to
provide necessary care for children and to | 9 | | maintain prescribed standards;
| 10 | | (4) The number of individuals or staff required to | 11 | | insure adequate
supervision and care of the children | 12 | | received. The standards shall provide
that each child care | 13 | | institution, maternity center, day care center,
group | 14 | | home, day care home, and group day care home shall have on | 15 | | its
premises during its hours of operation at
least one | 16 | | staff member certified in first aid, in the Heimlich | 17 | | maneuver and
in cardiopulmonary resuscitation by the | 18 | | American Red Cross or other
organization approved by rule | 19 | | of the Department. Child welfare agencies
shall not be | 20 | | subject to such a staffing requirement. The Department may
| 21 | | offer, or arrange for the offering, on a periodic basis in | 22 | | each community
in this State in cooperation with the | 23 | | American Red Cross, the American
Heart Association or other | 24 | | appropriate organization, voluntary programs to
train | 25 | | operators of foster family homes and day care homes in | 26 | | first aid and
cardiopulmonary resuscitation;
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| 1 | | (5) The appropriateness, safety, cleanliness and | 2 | | general adequacy of the
premises, including maintenance of | 3 | | adequate fire prevention and health
standards conforming | 4 | | to State laws and municipal codes to provide for the
| 5 | | physical comfort, care and well-being of children | 6 | | received;
| 7 | | (6) Provisions for food, clothing, educational | 8 | | opportunities, program,
equipment and individual supplies | 9 | | to assure the healthy physical, mental
and spiritual | 10 | | development of children served;
| 11 | | (7) Provisions to safeguard the legal rights of | 12 | | children served;
| 13 | | (8) Maintenance of records pertaining to the | 14 | | admission, progress, health
and discharge of children, | 15 | | including, for day care centers and day care
homes, records | 16 | | indicating each child has been immunized as required by | 17 | | State
regulations. The Department shall require proof that | 18 | | children enrolled in
a facility have been immunized against | 19 | | Haemophilus Influenzae B (HIB);
| 20 | | (9) Filing of reports with the Department;
| 21 | | (10) Discipline of children;
| 22 | | (11) Protection and fostering of the particular
| 23 | | religious faith of the children served;
| 24 | | (12) Provisions prohibiting firearms on day care | 25 | | center premises
except in the possession of peace officers;
| 26 | | (13) Provisions prohibiting handguns on day care home |
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| 1 | | premises except in
the possession of peace officers or | 2 | | other adults who must possess a handgun
as a condition of | 3 | | employment and who reside on the premises of a day care | 4 | | home;
| 5 | | (14) Provisions requiring that any firearm permitted | 6 | | on day care home
premises, except handguns in the | 7 | | possession of peace officers, shall be
kept in a | 8 | | disassembled state, without ammunition, in locked storage,
| 9 | | inaccessible to children and that ammunition permitted on | 10 | | day care home
premises shall be kept in locked storage | 11 | | separate from that of disassembled
firearms, inaccessible | 12 | | to children;
| 13 | | (15) Provisions requiring notification of parents or | 14 | | guardians enrolling
children at a day care home of the | 15 | | presence in the day care home of any
firearms and | 16 | | ammunition and of the arrangements for the separate, locked
| 17 | | storage of such firearms and ammunition; and
| 18 | | (16) Provisions requiring all licensed child care | 19 | | facility employees who care for newborns and infants to | 20 | | complete training every 3 years on the nature of sudden | 21 | | unexpected infant death (SUID), sudden infant death | 22 | | syndrome (SIDS), and the safe sleep recommendations of the | 23 | | American Academy of Pediatrics. | 24 | | (b) If, in a facility for general child care, there are | 25 | | children
diagnosed as mentally ill, intellectually disabled or | 26 | | physically handicapped, who
are determined to be in need of |
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| 1 | | special mental treatment or of nursing
care, or both mental | 2 | | treatment and nursing care, the Department shall seek
the | 3 | | advice and recommendation of the Department of Human Services,
| 4 | | the Department of Public Health, or both
Departments regarding | 5 | | the residential treatment and nursing care provided
by the | 6 | | institution.
| 7 | | (c) The Department shall investigate any person applying to | 8 | | be
licensed as a foster parent to determine whether there is | 9 | | any evidence of
current drug or alcohol abuse in the | 10 | | prospective foster family. The
Department shall not license a | 11 | | person as a foster parent if drug or alcohol
abuse has been | 12 | | identified in the foster family or if a reasonable suspicion
of | 13 | | such abuse exists, except that the Department may grant a | 14 | | foster parent
license to an applicant identified with an | 15 | | alcohol or drug problem if the
applicant has successfully | 16 | | participated in an alcohol or drug treatment
program, self-help | 17 | | group, or other suitable activities.
| 18 | | (d) The Department, in applying standards prescribed and | 19 | | published, as
herein provided, shall offer consultation | 20 | | through employed staff or other
qualified persons to assist | 21 | | applicants and licensees in meeting and
maintaining minimum | 22 | | requirements for a license and to help them otherwise
to | 23 | | achieve programs of excellence related to the care of children | 24 | | served.
Such consultation shall include providing information | 25 | | concerning education
and training in early childhood | 26 | | development to providers of day care home
services. The |
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| 1 | | Department may provide or arrange for such education and
| 2 | | training for those providers who request such assistance.
| 3 | | (e) The Department shall distribute copies of licensing
| 4 | | standards to all licensees and applicants for a license. Each | 5 | | licensee or
holder of a permit shall distribute copies of the | 6 | | appropriate licensing
standards and any other information | 7 | | required by the Department to child
care facilities under its | 8 | | supervision. Each licensee or holder of a permit
shall maintain | 9 | | appropriate documentation of the distribution of the
| 10 | | standards. Such documentation shall be part of the records of | 11 | | the facility
and subject to inspection by authorized | 12 | | representatives of the Department.
| 13 | | (f) The Department shall prepare summaries of day care | 14 | | licensing
standards. Each licensee or holder of a permit for a | 15 | | day care facility
shall distribute a copy of the appropriate | 16 | | summary and any other
information required by the Department, | 17 | | to the legal guardian of each child
cared for in that facility | 18 | | at the time when the child is enrolled or
initially placed in | 19 | | the facility. The licensee or holder of a permit for a
day care | 20 | | facility shall secure appropriate documentation of the
| 21 | | distribution of the summary and brochure. Such documentation | 22 | | shall be a
part of the records of the facility and subject to | 23 | | inspection by an
authorized representative of the Department.
| 24 | | (g) The Department shall distribute to each licensee and
| 25 | | holder of a permit copies of the licensing or permit standards | 26 | | applicable
to such person's facility. Each licensee or holder |
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| 1 | | of a permit shall make
available by posting at all times in a | 2 | | common or otherwise accessible area
a complete and current set | 3 | | of licensing standards in order that all
employees of the | 4 | | facility may have unrestricted access to such standards.
All | 5 | | employees of the facility shall have reviewed the standards and | 6 | | any
subsequent changes. Each licensee or holder of a permit | 7 | | shall maintain
appropriate documentation of the current review | 8 | | of licensing standards by
all employees. Such records shall be | 9 | | part of the records of the facility
and subject to inspection | 10 | | by authorized representatives of the Department.
| 11 | | (h) Any standards involving physical examinations, | 12 | | immunization,
or medical treatment shall include appropriate | 13 | | exemptions for children
whose parents object thereto on the | 14 | | grounds that they conflict with the
tenets and practices of a | 15 | | recognized church or religious organization, of
which the | 16 | | parent is an adherent or member, and for children who should | 17 | | not
be subjected to immunization for clinical reasons.
| 18 | | (i) The Department, in cooperation with the Department of | 19 | | Public Health, shall work to increase immunization awareness | 20 | | and participation among parents of children enrolled in day | 21 | | care centers and day care homes by publishing on the | 22 | | Department's website information about the benefits of | 23 | | immunization against vaccine preventable diseases, including | 24 | | influenza and pertussis. The information for vaccine | 25 | | preventable diseases shall include the incidence and severity | 26 | | of the diseases, the availability of vaccines, and the |
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| 1 | | importance of immunizing children and persons who frequently | 2 | | have close contact with children. The website content shall be | 3 | | reviewed annually in collaboration with the Department of | 4 | | Public Health to reflect the most current recommendations of | 5 | | the Advisory Committee on Immunization Practices (ACIP). The | 6 | | Department shall work with day care centers and day care homes | 7 | | licensed under this Act to ensure that the information is | 8 | | annually distributed to parents in August or September. | 9 | | (j) Any standard adopted by the Department that requires an | 10 | | applicant for a license to operate a day care home to include a | 11 | | copy of a high school diploma or equivalent certificate with | 12 | | his or her application shall be deemed to be satisfied if the | 13 | | applicant includes a copy of a high school diploma or | 14 | | equivalent certificate or a copy of a degree from an accredited | 15 | | institution of higher education or vocational institution or | 16 | | equivalent certificate. | 17 | | (Source: P.A. 96-391, eff. 8-13-09; 97-83, eff. 1-1-12; 97-227, | 18 | | eff. 1-1-12; 97-494, eff. 8-22-11; 97-813, eff. 7-13-12.)
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