Illinois General Assembly - Full Text of HB4966
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Full Text of HB4966  99th General Assembly


Rep. Litesa E. Wallace

Filed: 4/5/2016





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2    AMENDMENT NO. ______. Amend House Bill 4966 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is amended
5by changing Section 35.1 as follows:
6    (20 ILCS 505/35.1)  (from Ch. 23, par. 5035.1)
7    Sec. 35.1. The case and clinical records of patients in
8Department supervised facilities, wards of the Department,
9children receiving or applying for child welfare services,
10persons receiving or applying for other services of the
11Department, and Department reports of injury or abuse to
12children shall not be open to the general public. Such case and
13clinical records and reports or the information contained
14therein shall be disclosed by the Director of the Department to
15juvenile authorities when necessary for the discharge of their
16official duties who request information concerning the minor



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1and who certify in writing that the information will not be
2disclosed to any other party except as provided under law or
3order of court. For purposes of this Section, "juvenile
4authorities" means: (i) a judge of the circuit court and
5members of the staff of the court designated by the judge; (ii)
6parties to the proceedings under the Juvenile Court Act of 1987
7and their attorneys; (iii) probation officers and court
8appointed advocates for the juvenile authorized by the judge
9hearing the case; (iv) any individual, public or private agency
10having custody of the child pursuant to court order or pursuant
11to placement of the child by the Department; (v) any
12individual, public or private agency providing education,
13medical or mental health service to the child when the
14requested information is needed to determine the appropriate
15service or treatment for the minor; (vi) any potential
16placement provider when such release is authorized by the court
17for the limited purpose of determining the appropriateness of
18the potential placement; (vii) law enforcement officers and
19prosecutors; (viii) adult and juvenile prisoner review boards;
20(ix) authorized military personnel; (x) individuals authorized
21by court; (xi) the Illinois General Assembly or any committee
22or commission thereof. This Section does not apply to the
23Department's fiscal records, other records of a purely
24administrative nature, or any forms, documents or other records
25required of facilities subject to licensure by the Department
26except as may otherwise be provided under the Child Care Act of



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11969, except that, upon request, a guardian ad litem or
2attorney appointed to represent a child who is the subject of
3an action pursuant to Article II of the Juvenile Court Act of
41987 may obtain a copy of foster home licensing records,
5including all information related to licensing complaints and
6investigations, regarding a home in which the child is placed
7or regarding a home in which the Department plans to place the
8child. Any information contained in foster home licensing
9records that is protected from disclosure by federal or State
10law may be obtained only in compliance with that law. Nothing
11in this Section restricts the authority of a court to order
12release of licensing records for purposes of discovery or as
13otherwise authorized by law.
14    Nothing contained in this Act prevents the sharing or
15disclosure of information or records relating or pertaining to
16juveniles subject to the provisions of the Serious Habitual
17Offender Comprehensive Action Program when that information is
18used to assist in the early identification and treatment of
19habitual juvenile offenders.
20    Nothing contained in this Act prevents the sharing or
21disclosure of information or records relating or pertaining to
22the death of a minor under the care of or receiving services
23from the Department and under the jurisdiction of the juvenile
24court with the juvenile court, the State's Attorney, and the
25minor's attorney.
26    Nothing contained in this Section prohibits or prevents any



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1individual dealing with or providing services to a minor from
2sharing information with another individual dealing with or
3providing services to a minor for the purpose of coordinating
4efforts on behalf of the minor. The sharing of such information
5is only for the purpose stated herein and is to be consistent
6with the intent and purpose of the confidentiality provisions
7of the Juvenile Court Act of 1987. This provision does not
8abrogate any recognized privilege. Sharing information does
9not include copying of records, reports or case files unless
10authorized herein.
11    Nothing in this Section prohibits or prevents the
12re-disclosure of records, reports, or other information that
13reveals malfeasance or nonfeasance on the part of the
14Department, its employees, or its agents. Nothing in this
15Section prohibits or prevents the Department or a party in a
16proceeding under the Juvenile Court Act of 1987 from copying
17records, reports, or case files for the purpose of sharing
18those documents with other parties to the litigation.
19(Source: P.A. 94-1010, eff. 10-1-06.)
20    Section 10. The Child Care Act of 1969 is amended by
21changing Sections 4, 6, and 7 and by adding Section 2.22a as
23    (225 ILCS 10/2.22a new)
24    Sec. 2.22a. Quality of care concerns applicant. "Quality of



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1care concerns applicant" means an applicant for a foster care
2license or renewal of a foster care license where the applicant
3or any person living in the applicant's household:
4        (1) has had a license issued under this Act revoked;
5        (2) has surrendered a license issued under this Act for
6    cause;
7        (3) has had a license issued under this Act expire or
8    has surrendered a license, while either an abuse or neglect
9    investigation or licensing investigation was pending or an
10    involuntary placement hold was placed on the home;
11        (4) has been the subject of allegations of abuse or
12    neglect;
13        (5) has an indicated report of abuse or neglect; or
14        (6) has been the subject of certain types of
15    involuntary placement holds or has been involved in certain
16    types of substantiated licensing complaints, as specified
17    and defined by Department rule.
18    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
19    Sec. 4. License requirement; application; notice.
20    (a) Any person, group of persons or corporation who or
21which receives children or arranges for care or placement of
22one or more children unrelated to the operator must apply for a
23license to operate one of the types of facilities defined in
24Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
25relative, as defined in Section 2.17 of this Act, who receives



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1a child or children for placement by the Department on a
2full-time basis may apply for a license to operate a foster
3family home as defined in Section 2.17 of this Act.
4    (a-5) Any agency, person, group of persons, association,
5organization, corporation, institution, center, or group
6providing adoption services must be licensed by the Department
7as a child welfare agency as defined in Section 2.08 of this
8Act. "Providing adoption services" as used in this Act,
9includes facilitating or engaging in adoption services.
10    (b) Application for a license to operate a child care
11facility must be made to the Department in the manner and on
12forms prescribed by it. An application to operate a foster
13family home shall include, at a minimum: a completed written
14form; written authorization by the applicant and all adult
15members of the applicant's household to conduct a criminal
16background investigation; medical evidence in the form of a
17medical report, on forms prescribed by the Department, that the
18applicant and all members of the household are free from
19communicable diseases or physical and mental conditions that
20affect their ability to provide care for the child or children;
21the names and addresses of at least 3 persons not related to
22the applicant who can attest to the applicant's moral
23character; and fingerprints submitted by the applicant and all
24adult members of the applicant's household.
25    (b-5) Prior to submitting an application for a foster
26family home license, a quality of care concerns applicant as



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1defined in Section 2.22a of this Act must submit a preliminary
2application to the Department in the manner and on forms
3prescribed by it. The Department shall explain to the quality
4of care concerns applicant the grounds for requiring a
5preliminary application. The preliminary application shall
6include a list of (i) all children placed in the home by the
7Department who were removed by the Department for reasons other
8than returning to a parent and the circumstances under which
9they were removed and (ii) all children placed by the
10Department who were subsequently adopted by or placed in the
11private guardianship of the quality of care concerns applicant
12who are currently under 18 and who no longer reside in the home
13and the reasons why they no longer reside in the home. The
14preliminary application shall also include, if the quality of
15care concerns applicant chooses to submit, (1) a response to
16the quality of care concerns, including any reason the concerns
17are invalid, have been addressed or ameliorated, or no longer
18apply and (2) affirmative documentation demonstrating that the
19quality of care concerns applicant's home does not pose a risk
20to children and that the family will be able to meet the
21physical and emotional needs of children. The Department shall
22verify the information in the preliminary application and
23review (i) information regarding any prior licensing
24complaints, (ii) information regarding any prior child abuse or
25neglect investigations, and (iii) information regarding any
26involuntary foster home holds placed on the home by the



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1Department. Foster home applicants with quality of care
2concerns are presumed unsuitable for future licensure.
3    Notwithstanding the provisions of this subsection (b-5),
4the Department may make an exception and issue a foster family
5license to a quality of care concerns applicant if the
6Department is satisfied that the foster family home does not
7pose a risk to children and that the foster family will be able
8to meet the physical and emotional needs of children. In making
9this determination, the Department must obtain and carefully
10review all relevant documents and shall obtain consultation
11from its Clinical Division as appropriate and as prescribed by
12Department rule and procedure. The Department has the authority
13to deny a preliminary application based on the record of
14quality of care concerns of the foster family home. In the
15alternative, the Department may (i) approve the preliminary
16application, (ii) approve the preliminary application subject
17to obtaining additional information or assessments, or (iii)
18approve the preliminary application for purposes of placing a
19particular child or children only in the foster family home. If
20the Department approves a preliminary application, the foster
21family shall submit an application for licensure as described
22in subsection (b) of this Section. The Department shall notify
23the quality of care concerns applicant of its decision and the
24basis for its decision in writing.
25    (c) The Department shall notify the public when a child
26care institution, maternity center, or group home licensed by



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1the Department undergoes a change in (i) the range of care or
2services offered at the facility, (ii) the age or type of
3children served, or (iii) the area within the facility used by
4children. The Department shall notify the public of the change
5in a newspaper of general circulation in the county or
6municipality in which the applicant's facility is or is
7proposed to be located.
8    (d) If, upon examination of the facility and investigation
9of persons responsible for care of children and, in the case of
10a foster home, taking into account information obtained for
11purposes of evaluating a preliminary application, if
12applicable, the Department is satisfied that the facility and
13responsible persons reasonably meet standards prescribed for
14the type of facility for which application is made, it shall
15issue a license in proper form, designating on that license the
16type of child care facility and, except for a child welfare
17agency, the number of children to be served at any one time.
18    (e) The Department shall not issue or renew the license of
19any child welfare agency providing adoption services, unless
20the agency (i) is officially recognized by the United States
21Internal Revenue Service as a tax-exempt organization
22described in Section 501(c)(3) of the Internal Revenue Code of
231986 (or any successor provision of federal tax law) and (ii)
24is in compliance with all of the standards necessary to
25maintain its status as an organization described in Section
26501(c)(3) of the Internal Revenue Code of 1986 (or any



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1successor provision of federal tax law). The Department shall
2grant a grace period of 24 months from the effective date of
3this amendatory Act of the 94th General Assembly for existing
4child welfare agencies providing adoption services to obtain
5501(c)(3) status. The Department shall permit an existing child
6welfare agency that converts from its current structure in
7order to be recognized as a 501(c)(3) organization as required
8by this Section to either retain its current license or
9transfer its current license to a newly formed entity, if the
10creation of a new entity is required in order to comply with
11this Section, provided that the child welfare agency
12demonstrates that it continues to meet all other licensing
13requirements and that the principal officers and directors and
14programs of the converted child welfare agency or newly
15organized child welfare agency are substantially the same as
16the original. The Department shall have the sole discretion to
17grant a one year extension to any agency unable to obtain
18501(c)(3) status within the timeframe specified in this
19subsection (e), provided that such agency has filed an
20application for 501(c)(3) status with the Internal Revenue
21Service within the 2-year timeframe specified in this
22subsection (e).
23(Source: P.A. 98-804, eff. 1-1-15.)
24    (225 ILCS 10/6)  (from Ch. 23, par. 2216)
25    Sec. 6. (a) A licensed facility operating as a "child care



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1institution", "maternity center", "child welfare agency", "day
2care agency" or "day care center" must apply for renewal of its
3license held, the application to be made to the Department on
4forms prescribed by it.
5    (b) The Department, a duly licensed child welfare agency or
6a suitable agency or person designated by the Department as its
7agent to do so, must re-examine every child care facility for
8renewal of license, including in that process the examination
9of the premises and records of the facility as the Department
10considers necessary to determine that minimum standards for
11licensing continue to be met, and random surveys of parents or
12legal guardians who are consumers of such facilities' services
13to assess the quality of care at such facilities. In the case
14of foster family homes, or day care homes under the supervision
15of or otherwise required to be licensed by the Department, or
16under supervision of a licensed child welfare agency or day
17care agency, the examination shall be made by the Department,
18or agency supervising such homes. If the Department is
19satisfied that the facility continues to maintain minimum
20standards which it prescribes and publishes, it shall renew the
21license to operate the facility.
22    (b-5) In the case of a quality of care concerns applicant
23as defined in Section 2.22a of this Act, in addition to the
24examination required in subsection (b) of this Section, the
25Department shall not renew the license of a quality of care
26concerns applicant unless the Department is satisfied that the



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1foster family home does not pose a risk to children and that
2the foster family home will be able to meet the physical and
3emotional needs of children. In making this determination, the
4Department must obtain and carefully review all relevant
5documents and shall obtain consultation from its Clinical
6Division as appropriate and as prescribed by Department rule
7and procedure. The Department has the authority to deny an
8application for renewal based on a record of quality of care
9concerns. In the alternative, the Department may (i) approve
10the application for renewal subject to obtaining additional
11information or assessments, (ii) approve the application for
12renewal for purposes of placing or maintaining only a
13particular child or children only in the foster home, or (iii)
14approve the application for renewal. The Department shall
15notify the quality of care concerns applicant of its decision
16and the basis for its decision in writing.
17    (c) If a child care facility's license, other than a
18license for a foster family home, is revoked, or if the
19Department refuses to renew a facility's license, the facility
20may not reapply for a license before the expiration of 12
21months following the Department's action; provided, however,
22that the denial of a reapplication for a license pursuant to
23this subsection must be supported by evidence that the prior
24revocation renders the applicant unqualified or incapable of
25satisfying the standards and rules promulgated by the
26Department pursuant to this Act or maintaining a facility which



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1adheres to such standards and rules.
2    (d) If a foster family home license (i) is revoked, (ii) is
3surrendered for cause, or (iii) expires or is surrendered with
4either certain types of involuntary placement holds in place or
5while a licensing or child abuse or neglect investigation is
6pending, or if the Department refuses to renew a foster home
7license, the foster home may not reapply for a license before
8the expiration of 5 years following the Department's action or
9following the expiration or surrender of the license.
10(Source: P.A. 86-554.)
11    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
12    Sec. 7. (a) The Department must prescribe and publish
13minimum standards for licensing that apply to the various types
14of facilities for child care defined in this Act and that are
15equally applicable to like institutions under the control of
16the Department and to foster family homes used by and under the
17direct supervision of the Department. The Department shall seek
18the advice and assistance of persons representative of the
19various types of child care facilities in establishing such
20standards. The standards prescribed and published under this
21Act take effect as provided in the Illinois Administrative
22Procedure Act, and are restricted to regulations pertaining to
23the following matters and to any rules and regulations required
24or permitted by any other Section of this Act:
25        (1) The operation and conduct of the facility and



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1    responsibility it assumes for child care;
2        (2) The character, suitability and qualifications of
3    the applicant and other persons directly responsible for
4    the care and welfare of children served. All child day care
5    center licensees and employees who are required to report
6    child abuse or neglect under the Abused and Neglected Child
7    Reporting Act shall be required to attend training on
8    recognizing child abuse and neglect, as prescribed by
9    Department rules;
10        (3) The general financial ability and competence of the
11    applicant to provide necessary care for children and to
12    maintain prescribed standards;
13        (4) The number of individuals or staff required to
14    insure adequate supervision and care of the children
15    received. The standards shall provide that each child care
16    institution, maternity center, day care center, group
17    home, day care home, and group day care home shall have on
18    its premises during its hours of operation at least one
19    staff member certified in first aid, in the Heimlich
20    maneuver and in cardiopulmonary resuscitation by the
21    American Red Cross or other organization approved by rule
22    of the Department. Child welfare agencies shall not be
23    subject to such a staffing requirement. The Department may
24    offer, or arrange for the offering, on a periodic basis in
25    each community in this State in cooperation with the
26    American Red Cross, the American Heart Association or other



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1    appropriate organization, voluntary programs to train
2    operators of foster family homes and day care homes in
3    first aid and cardiopulmonary resuscitation;
4        (5) The appropriateness, safety, cleanliness and
5    general adequacy of the premises, including maintenance of
6    adequate fire prevention and health standards conforming
7    to State laws and municipal codes to provide for the
8    physical comfort, care and well-being of children
9    received;
10        (6) Provisions for food, clothing, educational
11    opportunities, program, equipment and individual supplies
12    to assure the healthy physical, mental and spiritual
13    development of children served;
14        (7) Provisions to safeguard the legal rights of
15    children served;
16        (8) Maintenance of records pertaining to the
17    admission, progress, health and discharge of children,
18    including, for day care centers and day care homes, records
19    indicating each child has been immunized as required by
20    State regulations. The Department shall require proof that
21    children enrolled in a facility have been immunized against
22    Haemophilus Influenzae B (HIB);
23        (9) Filing of reports with the Department;
24        (10) Discipline of children;
25        (11) Protection and fostering of the particular
26    religious faith of the children served;



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1        (12) Provisions prohibiting firearms on day care
2    center premises except in the possession of peace officers;
3        (13) Provisions prohibiting handguns on day care home
4    premises except in the possession of peace officers or
5    other adults who must possess a handgun as a condition of
6    employment and who reside on the premises of a day care
7    home;
8        (14) Provisions requiring that any firearm permitted
9    on day care home premises, except handguns in the
10    possession of peace officers, shall be kept in a
11    disassembled state, without ammunition, in locked storage,
12    inaccessible to children and that ammunition permitted on
13    day care home premises shall be kept in locked storage
14    separate from that of disassembled firearms, inaccessible
15    to children;
16        (15) Provisions requiring notification of parents or
17    guardians enrolling children at a day care home of the
18    presence in the day care home of any firearms and
19    ammunition and of the arrangements for the separate, locked
20    storage of such firearms and ammunition; and
21        (16) Provisions requiring all licensed child care
22    facility employees who care for newborns and infants to
23    complete training every 3 years on the nature of sudden
24    unexpected infant death (SUID), sudden infant death
25    syndrome (SIDS), and the safe sleep recommendations of the
26    American Academy of Pediatrics.



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1        (17) With respect to foster family homes, provisions
2    requiring the Department to review quality of care concerns
3    and to consider those concerns in determining whether a
4    foster family home is qualified to care for children.
5    (b) If, in a facility for general child care, there are
6children diagnosed as mentally ill or children diagnosed as
7having an intellectual or physical disability, who are
8determined to be in need of special mental treatment or of
9nursing care, or both mental treatment and nursing care, the
10Department shall seek the advice and recommendation of the
11Department of Human Services, the Department of Public Health,
12or both Departments regarding the residential treatment and
13nursing care provided by the institution.
14    (c) The Department shall investigate any person applying to
15be licensed as a foster parent to determine whether there is
16any evidence of current drug or alcohol abuse in the
17prospective foster family. The Department shall not license a
18person as a foster parent if drug or alcohol abuse has been
19identified in the foster family or if a reasonable suspicion of
20such abuse exists, except that the Department may grant a
21foster parent license to an applicant identified with an
22alcohol or drug problem if the applicant has successfully
23participated in an alcohol or drug treatment program, self-help
24group, or other suitable activities and if the Department
25determines that the foster family home can provide a safe,
26appropriate environment and meet the physical and emotional



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1needs of children.
2    (d) The Department, in applying standards prescribed and
3published, as herein provided, shall offer consultation
4through employed staff or other qualified persons to assist
5applicants and licensees in meeting and maintaining minimum
6requirements for a license and to help them otherwise to
7achieve programs of excellence related to the care of children
8served. Such consultation shall include providing information
9concerning education and training in early childhood
10development to providers of day care home services. The
11Department may provide or arrange for such education and
12training for those providers who request such assistance.
13    (e) The Department shall distribute copies of licensing
14standards to all licensees and applicants for a license. Each
15licensee or holder of a permit shall distribute copies of the
16appropriate licensing standards and any other information
17required by the Department to child care facilities under its
18supervision. Each licensee or holder of a permit shall maintain
19appropriate documentation of the distribution of the
20standards. Such documentation shall be part of the records of
21the facility and subject to inspection by authorized
22representatives of the Department.
23    (f) The Department shall prepare summaries of day care
24licensing standards. Each licensee or holder of a permit for a
25day care facility shall distribute a copy of the appropriate
26summary and any other information required by the Department,



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1to the legal guardian of each child cared for in that facility
2at the time when the child is enrolled or initially placed in
3the facility. The licensee or holder of a permit for a day care
4facility shall secure appropriate documentation of the
5distribution of the summary and brochure. Such documentation
6shall be a part of the records of the facility and subject to
7inspection by an authorized representative of the Department.
8    (g) The Department shall distribute to each licensee and
9holder of a permit copies of the licensing or permit standards
10applicable to such person's facility. Each licensee or holder
11of a permit shall make available by posting at all times in a
12common or otherwise accessible area a complete and current set
13of licensing standards in order that all employees of the
14facility may have unrestricted access to such standards. All
15employees of the facility shall have reviewed the standards and
16any subsequent changes. Each licensee or holder of a permit
17shall maintain appropriate documentation of the current review
18of licensing standards by all employees. Such records shall be
19part of the records of the facility and subject to inspection
20by authorized representatives of the Department.
21    (h) Any standards involving physical examinations,
22immunization, or medical treatment shall include appropriate
23exemptions for children whose parents object thereto on the
24grounds that they conflict with the tenets and practices of a
25recognized church or religious organization, of which the
26parent is an adherent or member, and for children who should



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1not be subjected to immunization for clinical reasons.
2    (i) The Department, in cooperation with the Department of
3Public Health, shall work to increase immunization awareness
4and participation among parents of children enrolled in day
5care centers and day care homes by publishing on the
6Department's website information about the benefits of
7immunization against vaccine preventable diseases, including
8influenza and pertussis. The information for vaccine
9preventable diseases shall include the incidence and severity
10of the diseases, the availability of vaccines, and the
11importance of immunizing children and persons who frequently
12have close contact with children. The website content shall be
13reviewed annually in collaboration with the Department of
14Public Health to reflect the most current recommendations of
15the Advisory Committee on Immunization Practices (ACIP). The
16Department shall work with day care centers and day care homes
17licensed under this Act to ensure that the information is
18annually distributed to parents in August or September.
19    (j) Any standard adopted by the Department that requires an
20applicant for a license to operate a day care home to include a
21copy of a high school diploma or equivalent certificate with
22his or her application shall be deemed to be satisfied if the
23applicant includes a copy of a high school diploma or
24equivalent certificate or a copy of a degree from an accredited
25institution of higher education or vocational institution or
26equivalent certificate.



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1(Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15.)
2    Section 99. Effective date. This Act takes effect January
31, 2017.".