Illinois General Assembly - Full Text of HB4272
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Full Text of HB4272  102nd General Assembly




HB4272 EngrossedLRB102 22174 SPS 31303 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 Section 2.09 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.
12    The term does not include:
13        (a) programs operated by (i) public or private
14    elementary school systems or secondary level school units
15    or institutions of higher learning that serve children who
16    shall have attained the age of 3 years or (ii) private
17    entities on the grounds of public or private elementary or
18    secondary schools and that serve children who have
19    attained the age of 3 years, except that this exception
20    applies only to the facility and not to the private
21    entities' personnel operating the program;
22        (b) programs or that portion of the program which
23    serves children who shall have attained the age of 3 years



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1    and which are recognized by the State Board of Education;
2        (c) educational program or programs serving children
3    who shall have attained the age of 3 years and which are
4    operated by a school which is registered with the State
5    Board of Education and which is recognized or accredited
6    by a recognized national or multistate educational
7    organization or association which regularly recognizes or
8    accredits schools;
9        (d) programs which exclusively serve or that portion
10    of the program which serves children with disabilities who
11    shall have attained the age of 3 years but are less than 21
12    years of age and which are registered and approved as
13    meeting standards of the State Board of Education and
14    applicable fire marshal standards;
15        (e) facilities operated in connection with a shopping
16    center or service, religious services, or other similar
17    facility, where transient children are cared for
18    temporarily while parents or custodians of the children
19    are occupied on the premises or within 0.15 miles away
20    from the location of the child care facility and readily
21    available;
22        (f) any type of day care center that is conducted on
23    federal government premises;
24        (g) special activities programs, including athletics,
25    crafts instruction, and similar activities conducted on an
26    organized and periodic basis by civic, charitable and



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1    governmental organizations;
2        (h) part day child care facilities, as defined in
3    Section 2.10 of this Act;
4        (i) programs or that portion of the program which:
5            (1) serves children who shall have attained the
6        age of 3 years;
7            (2) is operated by churches or religious
8        institutions as described in Section 501(c)(3) of the
9        federal Internal Revenue Code;
10            (3) receives no governmental aid;
11            (4) is operated as a component of a religious,
12        nonprofit elementary school;
13            (5) operates primarily to provide religious
14        education; and
15            (6) meets appropriate State or local health and
16        fire safety standards; or
17        (j) programs or portions of programs that:
18            (1) serve only school-age children and youth
19        (defined as full-time kindergarten children, as
20        defined in 89 Ill. Adm. Code 407.45, or older);
21            (2) are organized to promote childhood learning,
22        child and youth development, educational or
23        recreational activities, or character-building;
24            (3) operate primarily during out-of-school time or
25        at times when school is not normally in session;
26            (4) comply with the standards of the Illinois



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1        Department of Public Health (77 Ill. Adm. Code 750) or
2        the local health department, the Illinois State Fire
3        Marshal (41 Ill. Adm. Code 100), and the following
4        additional health and safety requirements: procedures
5        for employee and volunteer emergency preparedness and
6        practice drills; procedures to ensure that first aid
7        kits are maintained and ready to use; the placement of
8        a minimum level of liability insurance as determined
9        by the Department; procedures for the availability of
10        a working telephone that is onsite and accessible at
11        all times; procedures to ensure that emergency phone
12        numbers are posted onsite; and a restriction on
13        handgun or weapon possession onsite, except if
14        possessed by a peace officer;
15            (5) perform and maintain authorization and results
16        of criminal history checks through the Illinois State
17        Police and FBI and checks of the Illinois Sex Offender
18        Registry, the National Sex Offender Registry, and
19        Child Abuse and Neglect Tracking System for employees
20        and volunteers who work directly with children;
21            (6) make hiring decisions in accordance with the
22        prohibitions against barrier crimes as specified in
23        Section 4.2 of this Act or in Section 21B-80 of the
24        School Code;
25            (7) provide parents with written disclosure that
26        the operations of the program are not regulated by



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1        licensing requirements; and
2            (8) obtain and maintain records showing the first
3        and last name and date of birth of the child, name,
4        address, and telephone number of each parent,
5        emergency contact information, and written
6        authorization for medical care.
7    Programs or portions of programs requesting Child Care
8Assistance Program (CCAP) funding and otherwise meeting the
9requirements under item (j) shall request exemption from the
10Department and be determined exempt prior to receiving funding
11and must annually meet the eligibility requirements and be
12appropriate for payment under the CCAP.
13    Programs or portions of programs under item (j) that do
14not receive State or federal funds must comply with staff
15qualification and training standards established by rule by
16the Department of Human Services. The Department of Human
17Services shall set such standards after review of Afterschool
18for Children and Teens Now (ACT Now) evidence-based quality
19standards developed for school-age out-of-school time
20programs, feedback from the school-age out-of-school time
21program professionals, and review of out-of-school time
22professional development frameworks and quality tools.
23    Out-of-school time programs for school-age youth that
24receive State or federal funds must comply with only those
25staff qualifications and training standards set for the
26program by the State or federal entity issuing the funds.



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1    For purposes of items (a), (b), (c), (d), and (i) of this
2Section, "children who shall have attained the age of 3 years"
3shall mean children who are 3 years of age, but less than 4
4years of age, at the time of enrollment in the program.
5(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
6100-201, eff. 8-18-17.)