Full Text of SB3644 102nd General Assembly
SB3644 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3644 Introduced 1/21/2022, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
| 225 ILCS 10/2.09 | from Ch. 23, par. 2212.09 |
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Amends the Child Care Act of 1969. Provides that out-of-school time programs for school-age youth must comply with staff standards including: staff shall demonstrate the skill and competency necessary to contribute to every child's physical, intellectual, personal, emotional, and social development; staff shall participate in in-service training of a minimum 15 hours per year; a record of in-service training for staff shall be maintained on site; and these programs shall have on duty at all times at least one staff member who has successfully completed training and a certified background check and at least 2 staffers working with a child.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing 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 | 8 | | which regularly
provides day care for less than 24 hours per | 9 | | day for (1) more than 8 children
in a family home, or (2) more | 10 | | than 3 children in a facility other than a
family home, | 11 | | including 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 and readily
available; | 20 | | (f) any type of day care center that is
conducted on | 21 | | federal government premises; | 22 | | (g) special activities
programs, including athletics, | 23 | | crafts instruction, and similar activities
conducted on an | 24 | | organized and periodic basis by civic, charitable and
| 25 | | governmental organizations; | 26 | | (h) part day child care facilities, as
defined in |
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| 1 | | Section 2.10 of this Act; | 2 | | (i) programs or that portion of
the program which: | 3 | | (1) serves children who shall have attained the | 4 | | age of
3 years; | 5 | | (2) is operated by churches or religious | 6 | | institutions as described
in Section 501(c)(3) of the | 7 | | federal Internal Revenue Code; | 8 | | (3) receives
no governmental aid; | 9 | | (4) is operated as a component of a religious, | 10 | | nonprofit
elementary school; | 11 | | (5) operates primarily to provide religious | 12 | | education;
and | 13 | | (6) meets appropriate State or local health and | 14 | | fire safety standards; or | 15 | | (j) programs or portions of programs that: | 16 | | (1) serve only school-age children and youth | 17 | | (defined as full-time kindergarten children, as | 18 | | defined in 89 Ill. Adm. Code 407.45, or older); | 19 | | (2) are organized to promote childhood learning, | 20 | | child and youth development, educational or | 21 | | recreational activities, or character-building; | 22 | | (3) operate primarily during out-of-school time or | 23 | | at times when school is not normally in session; | 24 | | (4) comply with the standards of the Illinois | 25 | | Department of Public Health (77 Ill. Adm. Code 750) or | 26 | | the local health department, the Illinois State Fire |
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| 1 | | Marshal (41 Ill. Adm. Code 100), and the following | 2 | | additional health and safety requirements: procedures | 3 | | for employee and volunteer emergency preparedness and | 4 | | practice drills; procedures to ensure that first aid | 5 | | kits are maintained and ready to use; the placement of | 6 | | a minimum level of liability insurance as determined | 7 | | by the Department; procedures for the availability of | 8 | | a working telephone that is onsite and accessible at | 9 | | all times; procedures to ensure that emergency phone | 10 | | numbers are posted onsite; and a restriction on | 11 | | handgun or weapon possession onsite, except if | 12 | | possessed by a peace officer; | 13 | | (5) perform and maintain authorization and results | 14 | | of criminal history checks through the Illinois State | 15 | | Police and FBI and checks of the Illinois Sex Offender | 16 | | Registry, the National Sex Offender Registry, and | 17 | | Child Abuse and Neglect Tracking System for employees | 18 | | and volunteers who work directly with children; | 19 | | (6) make hiring decisions in accordance with the | 20 | | prohibitions against barrier crimes as specified in | 21 | | Section 4.2 of this Act or in Section 21B-80 of the | 22 | | School Code; | 23 | | (7) provide parents with written disclosure that | 24 | | the operations of the program are not regulated by | 25 | | licensing requirements; and | 26 | | (8) obtain and maintain records showing the first |
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| 1 | | and last name and date of birth of the child, name, | 2 | | address, and telephone number of each parent, | 3 | | emergency contact information, and written | 4 | | authorization for medical care. | 5 | | Programs or portions of programs requesting Child Care | 6 | | Assistance Program (CCAP) funding and otherwise meeting the | 7 | | requirements under item (j) shall request exemption from the | 8 | | Department and be determined exempt prior to receiving funding | 9 | | and must annually meet the eligibility requirements and be | 10 | | appropriate for payment under the CCAP. | 11 | | Programs or portions of programs under item (j) that do | 12 | | not receive State or federal funds must comply with staff | 13 | | qualification and training standards established by rule by | 14 | | the Department of Human Services. The Department of Human | 15 | | Services shall set such standards after review of Afterschool | 16 | | for Children and Teens Now (ACT Now) evidence-based quality | 17 | | standards developed for school-age out-of-school time | 18 | | programs, feedback from the school-age out-of-school time | 19 | | program professionals, and review of out-of-school time | 20 | | professional development frameworks and quality tools. | 21 | | Out-of-school time programs for school-age youth that | 22 | | receive State or federal funds must comply with only those | 23 | | staff qualifications and training standards set for the | 24 | | program by the State or federal entity issuing the funds but, | 25 | | at a minimum, must comply with the following staff standards: .
| 26 | | (I) Staff shall demonstrate the skill and competency |
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| 1 | | necessary to contribute to every child's physical, | 2 | | intellectual, personal, emotional, and social development. | 3 | | (II) Staff shall participate in in-service training of | 4 | | a minimum 15 hours per year. For the first year of | 5 | | employment, training topics shall include: staff | 6 | | requirements to recognize and report suspect child abuse | 7 | | or neglect; how to make a child abuse or neglect report; | 8 | | rules governing the operation of the facility; and the | 9 | | legal protection afforded to persons who report violations | 10 | | of licensing standards. Subsequent in-service training may | 11 | | include, but shall not be limited to: child development; | 12 | | symptoms of common childhood illnesses; hygiene; guidance | 13 | | and discipline; and communication with parents. | 14 | | (III) A record of in-service training for staff shall | 15 | | be maintained on site. | 16 | | (IV) Out-of-school time programs shall have on duty at | 17 | | all times at least one staff member who has successfully | 18 | | completed training and a certified background check and at | 19 | | a minimum, 2 staffers working with a child. | 20 | | For purposes of items (a), (b), (c), (d), and (i) of this | 21 | | Section,
"children who shall have attained the age of 3 years" | 22 | | shall mean children
who are 3 years of age, but less than 4 | 23 | | years of age, at the time of
enrollment in the program.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16; | 25 | | 100-201, eff. 8-18-17.)
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