Illinois General Assembly - Full Text of HB4412
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Full Text of HB4412  103rd General Assembly


Rep. Dave Vella

Filed: 3/19/2024





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2    AMENDMENT NO. ______. Amend House Bill 4412 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Child Care Act of 1969 is amended by
5changing Section 4.1 as follows:
6    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
7    Sec. 4.1. Criminal background investigations.
8    (a) In this Section:
9    "Conditional employee" means an employee who has completed
10a background check and is waiting for confirmation from the
12    "Third-party vendor" means a third-party fingerprinting
13vendor who is licensed by the Department of Financial and
14Professional Regulation and regulated by 68 Ill. Adm. Code
16    (b) The Department shall require that each child care



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1facility license applicant as part of the application process,
2and each employee and volunteer of a child care facility or
3non-licensed service provider, as a condition of employment,
4authorize an investigation to determine if such applicant,
5employee, or volunteer has ever been charged with a crime and
6if so, the disposition of those charges; this authorization
7shall indicate the scope of the inquiry and the agencies which
8may be contacted. A child care facility, non-licensed service
9provider, day care center, group day care home, or day care
10home may authorize the Department or a third-party vendor to
11complete the investigation. If the Department conducts the
12investigation, upon Upon this authorization, the Director
13shall request and receive information and assistance from any
14federal, State, or local governmental agency as part of the
15authorized investigation. Each applicant, employee, or
16volunteer of a child care facility or non-licensed service
17provider shall submit the applicant's, employee's, or
18volunteer's fingerprints to the Illinois State Police in the
19form and manner prescribed by the Illinois State Police. These
20fingerprints shall be checked against the fingerprint records
21now and hereafter filed in the Illinois State Police and
22Federal Bureau of Investigation criminal history records
23databases. The Illinois State Police shall charge a fee for
24conducting the criminal history records check, which shall be
25deposited in the State Police Services Fund and shall not
26exceed the actual cost of the records check. The Illinois



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1State Police shall provide information concerning any criminal
2charges, and their disposition, now or hereafter filed,
3against an applicant, employee, or volunteer of a child care
4facility or non-licensed service provider upon request of the
5Department of Children and Family Services when the request is
6made in the form and manner required by the Illinois State
8    Information concerning convictions of a license applicant,
9employee, or volunteer of a child care facility or
10non-licensed service provider investigated under this Section,
11including the source of the information and any conclusions or
12recommendations derived from the information, shall be
13provided, upon request, to such applicant, employee, or
14volunteer of a child care facility or non-licensed service
15provider prior to final action by the Department on the
16application. State conviction information provided by the
17Illinois State Police regarding employees, prospective
18employees, or volunteers of non-licensed service providers and
19child care facilities licensed under this Act shall be
20provided to the operator of such facility, and, upon request,
21to the employee, prospective employee, or volunteer of a child
22care facility or non-licensed service provider. Any
23information concerning criminal charges and the disposition of
24such charges obtained by the Department shall be confidential
25and may not be transmitted outside the Department, except as
26required herein, and may not be transmitted to anyone within



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1the Department except as needed for the purpose of evaluating
2an application or an employee or volunteer of a child care
3facility or non-licensed service provider. Only information
4and standards which bear a reasonable and rational relation to
5the performance of a child care facility shall be used by the
6Department or any licensee. Any employee of the Department of
7Children and Family Services, Illinois State Police, or a
8child care facility receiving confidential information under
9this Section who gives or causes to be given any confidential
10information concerning any criminal convictions of an
11applicant, employee, or volunteer of a child care facility or
12non-licensed service provider, shall be guilty of a Class A
13misdemeanor unless release of such information is authorized
14by this Section.
15    A child care facility may hire, on a probationary basis,
16any employee or volunteer of a child care facility or
17non-licensed service provider completing authorizing a
18criminal background investigation under this Section, pending
19the result of such investigation. A conditional employee may
20work in a child care facility if the conditional employee is
21supervised by a licensed employee. Employees and volunteers of
22a child care facility or non-licensed service provider shall
23be notified prior to hiring that such employment may be
24terminated on the basis of criminal background information
25obtained by the facility. An applicant is determined to have
26completed the criminal background investigation when he or she



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1has completed and submitted authorization for the performance
2of a criminal background investigation by either the
3Department or a third party contracted to perform the criminal
4background investigation.
5(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)".