SB2321 EngrossedLRB099 15718 MLM 40017 b

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 Sections 2.09 and 3 as follows:
6    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
7    Sec. 2.09. "Day care center" means any child care facility
8which regularly provides day care for less than 24 hours per
9day for (1) more than 8 children in a family home, or (2) more
10than 3 children in a facility other than a family home,
11including senior citizen buildings. The term does not include
12(a) programs operated by (i) public or private elementary
13school systems or secondary level school units or institutions
14of higher learning that serve children who shall have attained
15the age of 3 years or (ii) private entities on the grounds of
16public or private elementary or secondary schools and that
17serve children who have attained the age of 3 years, except
18that this exception applies only to the facility and not to the
19private entities' personnel operating the program; (b)
20programs or that portion of the program which serves children
21who shall have attained the age of 3 years and which are
22recognized by the State Board of Education; (c) educational
23program or programs serving children who shall have attained



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1the age of 3 years and which are operated by a school which is
2registered with the State Board of Education and which is
3recognized or accredited by a recognized national or multistate
4educational organization or association which regularly
5recognizes or accredits schools; (d) programs which
6exclusively serve or that portion of the program which serves
7children with disabilities who shall have attained the age of 3
8years but are less than 21 years of age and which are
9registered and approved as meeting standards of the State Board
10of Education and applicable fire marshal standards; (e)
11facilities operated in connection with a shopping center or
12service, religious services, or other similar facility, where
13transient children are cared for temporarily while parents or
14custodians of the children are occupied on the premises and
15readily available; (f) any type of day care center that is
16conducted on federal government premises; (g) special
17activities programs, including athletics, crafts instruction
18and similar activities conducted on an organized and periodic
19basis by civic, charitable and governmental organizations; (h)
20part day child care facilities, as defined in Section 2.10 of
21this Act; or (i) programs or that portion of the program which
22(1) serves children who shall have attained the age of 3 years,
23(2) is operated by churches or religious institutions as
24described in Section 501 (c) (3) of the federal Internal
25Revenue Code, (3) receives no governmental aid, (4) is operated
26as a component of a religious, nonprofit elementary school, (5)



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1operates primarily to provide religious education, and (6)
2meets appropriate State or local health and fire safety
3standards; or (j) programs or portions of programs that: (1)
4serve only school-age children and youth (defined as full-time
5kindergarten children, as defined in 89 Ill. Adm. Code 407.45,
6or older), (2) are organized to promote childhood learning,
7child and youth development, educational or recreational
8activities, or character-building, (3) operate primarily
9during out-of-school time or at times when school is not
10normally in session, (4) comply with the standards of the
11Illinois Department of Public Health (77 Ill. Adm. Code 750) or
12the local health department, the Illinois State Fire Marshal
13(41 Ill. Adm. Code 100), and the following additional health
14and safety requirements: procedures for employee and volunteer
15emergency preparedness and practice drills; procedures to
16ensure that first aid kits are maintained and ready to use; the
17placement of a minimum level of liability insurance as
18determined by the Department; procedures for the availability
19of a working telephone that is onsite and accessible at all
20times; procedures to ensure that emergency phone numbers are
21posted onsite; and a restriction on handgun or weapon
22possession onsite, except if possessed by a peace officer, (5)
23perform and maintain authorization and results of criminal
24history checks through the Illinois State Police and FBI and
25checks of the Illinois Sex Offender Registry, the National Sex
26Offender Registry, and Child Abuse and Neglect Tracking System



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1for employees and volunteers who work directly with children,
2(6) make hiring decisions in accordance with the prohibitions
3against barrier crimes as specified in Section 4.2 of this Act
4or in Section 21B-80 of the School Code, (7) provide parents
5with written disclosure that the operations of the program are
6not regulated by licensing requirements, and (8) obtain and
7maintain records showing the first and last name and date of
8birth of the child, name, address, and telephone number of each
9parent, emergency contact information, and written
10authorization for medical care.
11    Programs or portions of programs requesting Child Care
12Assistance Program (CCAP) funding and otherwise meeting the
13requirements under (j) shall request exemption from the
14Department and be determined exempt prior to receiving funding
15and must annually meet the eligibility requirements and be
16appropriate for payment under the CCAP.
17    Programs or portions of programs under (j) that do not
18receive State or federal funds must comply with staff
19qualification and training standards established by rule by the
20Department of Human Services. The Department of Human Services
21shall set such standards after review of Afterschool for
22Children and Teens Now (ACT Now) evidence-based quality
23standards developed for school-age out-of-school time
24programs, feedback from the school-age out-of-school time
25program professionals, and review of out-of-school time
26professional development frameworks and quality tools.



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1    Out-of-school time programs for school-age youth that
2receive State or federal funds must comply with only those
3staff qualifications and training standards set for the program
4by the State or federal entity issuing the funds.
5    For purposes of (a), (b), (c), (d) and (i) of this Section,
6"children who shall have attained the age of 3 years" shall
7mean children who are 3 years of age, but less than 4 years of
8age, at the time of enrollment in the program.
9(Source: P.A. 99-143, eff. 7-27-15.)
10    (225 ILCS 10/3)  (from Ch. 23, par. 2213)
11    Sec. 3. (a) No person, group of persons or corporation may
12operate or conduct any facility for child care, as defined in
13this Act, without a license or permit issued by the Department
14or without being approved by the Department as meeting the
15standards established for such licensing, with the exception of
16facilities for whom standards are established by the Department
17of Corrections under Section 3-15-2 of the Unified Code of
18Corrections and with the exception of facilities defined in
19Section 2.10 of this Act, and with the exception of programs or
20facilities licensed by the Department of Human Services under
21the Alcoholism and Other Drug Abuse and Dependency Act.
22    (b) No part day child care facility as described in Section
232.10 may operate without written notification to the Department
24or without complying with Section 7.1. Notification shall
25include a notarized statement by the facility that the facility



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1complies with state or local health standards and state fire
2safety standards, and shall be filed with the department every
32 years.
4    (c) The Director of the Department shall establish policies
5and coordinate activities relating to child care licensing,
6licensing of day care homes and day care centers.
7    (d) Any facility or agency which is exempt from licensing
8may apply for licensing if licensing is required for some
9government benefit.
10    (e) A provider of day care described in items (a) through
11(j) of Section 2.09 of this Act is exempt from licensure. The
12Department shall provide written verification of exemption and
13description of compliance with standards for the health,
14safety, and development of the children who receive the
15services upon submission by the provider of, in addition to any
16other documentation required by the Department, a notarized
17statement that the facility complies with: (1) the standards of
18the Department of Public Health or local health department, (2)
19the fire safety standards of the State Fire Marshal, and (3) if
20operated in a public school building, the health and safety
21standards of the State Board of Education.
22(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.