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


Sen. Meg Loughran Cappel

Filed: 5/7/2024





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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, "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,



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1employee, or volunteer has ever been charged with a crime and
2if so, the disposition of those charges; this authorization
3shall indicate the scope of the inquiry and the agencies which
4may be contacted. A child care facility, non-licensed service
5provider, day care center, group day care home, or day care
6home may authorize the Department or a third-party vendor to
7collect fingerprints for the investigation. If a third-party
8vendor is used for fingerprinting, then the child care
9facility, non-licensed service provider, day care center,
10group day care home, or day care home shall pay the third-party
11vendor for that service directly. If a child care facility,
12non-licensed service provider, day care center, group day care
13home, or day care home authorizes the Department to collect
14fingerprints for the investigation, Upon this authorization,
15the Director shall request and receive information and
16assistance from any federal, State, or local governmental
17agency as part of the authorized investigation. Each
18applicant, employee, or volunteer of a child care facility or
19non-licensed service provider shall submit the applicant's,
20employee's, or volunteer's fingerprints to the Illinois State
21Police in the form and manner prescribed by the Illinois State
22Police. These fingerprints shall be checked against the
23fingerprint records now and hereafter filed in the Illinois
24State Police and Federal Bureau of Investigation criminal
25history records databases. The Illinois State Police shall
26charge a fee for conducting the criminal history records



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1check, which shall be deposited in the State Police Services
2Fund and shall not exceed the actual cost of the records check.
3The Illinois State Police shall provide information concerning
4any criminal charges, and their disposition, now or hereafter
5filed, against an applicant, employee, or volunteer of a child
6care facility or non-licensed service provider upon request of
7the Department of Children and Family Services when the
8request is made in the form and manner required by the Illinois
9State Police.
10    Information concerning convictions of a license applicant,
11employee, or volunteer of a child care facility or
12non-licensed service provider investigated under this Section,
13including the source of the information and any conclusions or
14recommendations derived from the information, shall be
15provided, upon request, to such applicant, employee, or
16volunteer of a child care facility or non-licensed service
17provider prior to final action by the Department on the
18application. State conviction information provided by the
19Illinois State Police regarding employees, prospective
20employees, or volunteers of non-licensed service providers and
21child care facilities licensed under this Act shall be
22provided to the operator of such facility, and, upon request,
23to the employee, prospective employee, or volunteer of a child
24care facility or non-licensed service provider. Any
25information concerning criminal charges and the disposition of
26such charges obtained by the Department shall be confidential



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1and may not be transmitted outside the Department, except as
2required herein, and may not be transmitted to anyone within
3the Department except as needed for the purpose of evaluating
4an application or an employee or volunteer of a child care
5facility or non-licensed service provider. Only information
6and standards which bear a reasonable and rational relation to
7the performance of a child care facility shall be used by the
8Department or any licensee. Any employee of the Department of
9Children and Family Services, Illinois State Police, or a
10child care facility receiving confidential information under
11this Section who gives or causes to be given any confidential
12information concerning any criminal convictions of an
13applicant, employee, or volunteer of a child care facility or
14non-licensed service provider, shall be guilty of a Class A
15misdemeanor unless release of such information is authorized
16by this Section.
17    A child care facility may hire, on a probationary basis,
18any employee or volunteer of a child care facility or
19non-licensed service provider authorizing a criminal
20background investigation under this Section, pending the
21result of such investigation. Employees and volunteers of a
22child care facility or non-licensed service provider shall be
23notified prior to hiring that such employment may be
24terminated on the basis of criminal background information
25obtained by the facility.
26(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)".