HB4412 EngrossedLRB103 36073 SPS 66161 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 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, "third-party vendor" means a
9third-party fingerprinting vendor who is licensed by the
10Department of Financial and Professional Regulation and
11regulated by 68 Ill. Adm. Code 1240.600.
12    (b) The Department shall require that each child care
13facility license applicant as part of the application process,
14and each employee and volunteer of a child care facility or
15non-licensed service provider, as a condition of employment,
16authorize an investigation to determine if such applicant,
17employee, or volunteer has ever been charged with a crime and
18if so, the disposition of those charges; this authorization
19shall indicate the scope of the inquiry and the agencies which
20may be contacted. A child care facility, non-licensed service
21provider, day care center, group day care home, or day care
22home may authorize the Department or a third-party vendor to
23collect fingerprints for the investigation. Upon this



HB4412 Engrossed- 2 -LRB103 36073 SPS 66161 b

1authorization, the Director shall request and receive
2information and assistance from any federal, State, or local
3governmental agency as part of the authorized investigation.
4Each applicant, employee, or volunteer of a child care
5facility or non-licensed service provider shall submit the
6applicant's, employee's, or volunteer's fingerprints to the
7Illinois State Police in the form and manner prescribed by the
8Illinois State Police. These fingerprints shall be checked
9against the fingerprint records now and hereafter filed in the
10Illinois State Police and Federal Bureau of Investigation
11criminal history records databases. The Illinois State Police
12shall charge a fee for conducting the criminal history records
13check, which shall be deposited in the State Police Services
14Fund and shall not exceed the actual cost of the records check.
15The Illinois State Police shall provide information concerning
16any criminal charges, and their disposition, now or hereafter
17filed, against an applicant, employee, or volunteer of a child
18care facility or non-licensed service provider upon request of
19the Department of Children and Family Services when the
20request is made in the form and manner required by the Illinois
21State Police.
22    Information concerning convictions of a license applicant,
23employee, or volunteer of a child care facility or
24non-licensed service provider investigated under this Section,
25including the source of the information and any conclusions or
26recommendations derived from the information, shall be



HB4412 Engrossed- 3 -LRB103 36073 SPS 66161 b

1provided, upon request, to such applicant, employee, or
2volunteer of a child care facility or non-licensed service
3provider prior to final action by the Department on the
4application. State conviction information provided by the
5Illinois State Police regarding employees, prospective
6employees, or volunteers of non-licensed service providers and
7child care facilities licensed under this Act shall be
8provided to the operator of such facility, and, upon request,
9to the employee, prospective employee, or volunteer of a child
10care facility or non-licensed service provider. Any
11information concerning criminal charges and the disposition of
12such charges obtained by the Department shall be confidential
13and may not be transmitted outside the Department, except as
14required herein, and may not be transmitted to anyone within
15the Department except as needed for the purpose of evaluating
16an application or an employee or volunteer of a child care
17facility or non-licensed service provider. Only information
18and standards which bear a reasonable and rational relation to
19the performance of a child care facility shall be used by the
20Department or any licensee. Any employee of the Department of
21Children and Family Services, Illinois State Police, or a
22child care facility receiving confidential information under
23this Section who gives or causes to be given any confidential
24information concerning any criminal convictions of an
25applicant, employee, or volunteer of a child care facility or
26non-licensed service provider, shall be guilty of a Class A



HB4412 Engrossed- 4 -LRB103 36073 SPS 66161 b

1misdemeanor unless release of such information is authorized
2by this Section.
3    A child care facility may hire, on a probationary basis,
4any employee or volunteer of a child care facility or
5non-licensed service provider authorizing a criminal
6background investigation under this Section, pending the
7result of such investigation. Employees and volunteers of a
8child care facility or non-licensed service provider shall be
9notified prior to hiring that such employment may be
10terminated on the basis of criminal background information
11obtained by the facility.
12(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)