Rep. Dave Vella

Filed: 4/10/2024





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2    AMENDMENT NO. ______. Amend House Bill 4412, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Child Care Act of 1969 is amended by
6changing Section 4.1 as follows:
7    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
8    Sec. 4.1. Criminal background investigations.
9    (a) In this Section, "third-party vendor" means a
10third-party fingerprinting vendor who is licensed by the
11Department of Financial and Professional Regulation and
12regulated by 68 Ill. Adm. Code 1240.600.
13    (b) The Department shall require that each child care
14facility license applicant as part of the application process,
15and each employee and volunteer of a child care facility or
16non-licensed service provider, as a condition of employment,



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



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1care facility or non-licensed service provider upon request of
2the Department of Children and Family Services when the
3request is made in the form and manner required by the Illinois
4State Police.
5    Information concerning convictions of a license applicant,
6employee, or volunteer of a child care facility or
7non-licensed service provider investigated under this Section,
8including the source of the information and any conclusions or
9recommendations derived from the information, shall be
10provided, upon request, to such applicant, employee, or
11volunteer of a child care facility or non-licensed service
12provider prior to final action by the Department on the
13application. State conviction information provided by the
14Illinois State Police regarding employees, prospective
15employees, or volunteers of non-licensed service providers and
16child care facilities licensed under this Act shall be
17provided to the operator of such facility, and, upon request,
18to the employee, prospective employee, or volunteer of a child
19care facility or non-licensed service provider. Any
20information concerning criminal charges and the disposition of
21such charges obtained by the Department shall be confidential
22and may not be transmitted outside the Department, except as
23required herein, and may not be transmitted to anyone within
24the Department except as needed for the purpose of evaluating
25an application or an employee or volunteer of a child care
26facility or non-licensed service provider. Only information



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1and standards which bear a reasonable and rational relation to
2the performance of a child care facility shall be used by the
3Department or any licensee. Any employee of the Department of
4Children and Family Services, Illinois State Police, or a
5child care facility receiving confidential information under
6this Section who gives or causes to be given any confidential
7information concerning any criminal convictions of an
8applicant, employee, or volunteer of a child care facility or
9non-licensed service provider, shall be guilty of a Class A
10misdemeanor unless release of such information is authorized
11by this Section.
12    A child care facility may hire, on a probationary basis,
13any employee or volunteer of a child care facility or
14non-licensed service provider authorizing a criminal
15background investigation under this Section, pending the
16result of such investigation. Employees and volunteers of a
17child care facility or non-licensed service provider shall be
18notified prior to hiring that such employment may be
19terminated on the basis of criminal background information
20obtained by the facility.
21(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)".