Full Text of HB5200 95th General Assembly
HB5200eng 95TH GENERAL ASSEMBLY
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HB5200 Engrossed |
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LRB095 19705 RAS 46065 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Child Care Act of 1969 is amended by | 5 |
| changing Section 7 as follows:
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| (225 ILCS 10/7) (from Ch. 23, par. 2217)
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| Sec. 7. (a) The Department must prescribe and publish | 8 |
| minimum standards
for licensing that apply to the various types | 9 |
| of facilities for child care
defined in this Act and that are | 10 |
| equally applicable to like institutions
under the control of | 11 |
| the Department and to foster family homes used by and
under the | 12 |
| direct supervision of the Department. The Department shall seek
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| the advice and assistance of persons representative of the | 14 |
| various types of
child care facilities in establishing such | 15 |
| standards. The standards
prescribed and published under this | 16 |
| Act take effect as provided in the
Illinois Administrative | 17 |
| Procedure Act, and are restricted to
regulations pertaining to | 18 |
| the following matters and to any rules and regulations required | 19 |
| or permitted by any other Section of this Act:
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| (1) The operation and conduct of the facility and | 21 |
| responsibility it
assumes for child care;
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| (2) The character, suitability and qualifications of | 23 |
| the applicant and
other persons directly responsible for |
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LRB095 19705 RAS 46065 b |
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| the care and welfare of children
served. All child day care | 2 |
| center licensees and employees who are required
to
report | 3 |
| child abuse or neglect under the Abused and Neglected Child | 4 |
| Reporting
Act shall be required to attend training on | 5 |
| recognizing child abuse and
neglect, as prescribed by | 6 |
| Department rules;
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| (3) The general financial ability and competence of the | 8 |
| applicant to
provide necessary care for children and to | 9 |
| maintain prescribed standards;
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| (4) The number of individuals or staff required to | 11 |
| insure adequate
supervision and care of the children | 12 |
| received. The standards shall provide
that each child care | 13 |
| institution, maternity center, day care center,
group | 14 |
| home, day care home, and group day care home shall have on | 15 |
| its
premises during its hours of operation at
least one | 16 |
| staff member certified in first aid, in the Heimlich | 17 |
| maneuver and
in cardiopulmonary resuscitation by the | 18 |
| American Red Cross or other
organization approved by rule | 19 |
| of the Department. Child welfare agencies
shall not be | 20 |
| subject to such a staffing requirement. The Department may
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| offer, or arrange for the offering, on a periodic basis in | 22 |
| each community
in this State in cooperation with the | 23 |
| American Red Cross, the American
Heart Association or other | 24 |
| appropriate organization, voluntary programs to
train | 25 |
| operators of foster family homes and day care homes in | 26 |
| first aid and
cardiopulmonary resuscitation;
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LRB095 19705 RAS 46065 b |
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| (5) The appropriateness, safety, cleanliness and | 2 |
| general adequacy of the
premises, including maintenance of | 3 |
| adequate fire prevention and health
standards conforming | 4 |
| to State laws and municipal codes to provide for the
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| physical comfort, care and well-being of children | 6 |
| received;
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| (6) Provisions for food, clothing, educational | 8 |
| opportunities, program,
equipment and individual supplies | 9 |
| to assure the healthy physical, mental
and spiritual | 10 |
| development of children served;
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| (7) Provisions to safeguard the legal rights of | 12 |
| children served;
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| (8) Maintenance of records pertaining to the | 14 |
| admission, progress, health
and discharge of children, | 15 |
| including, for day care centers and day care
homes, records | 16 |
| indicating each child has been immunized as required by | 17 |
| State
regulations. The Department shall require proof that | 18 |
| children enrolled in
a facility have been immunized against | 19 |
| Haemophilus Influenzae B (HIB);
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| (9) Filing of reports with the Department;
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| (10) Discipline of children;
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| (11) Protection and fostering of the particular
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| religious faith of the children served;
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| (12) Provisions prohibiting firearms on day care | 25 |
| center premises
except in the possession of peace officers;
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| (13) Provisions prohibiting handguns on day care home |
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| premises except in
the possession of peace officers or | 2 |
| other adults who must possess a handgun
as a condition of | 3 |
| employment and who reside on the premises of a day care | 4 |
| home;
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| (14) Provisions requiring that any firearm permitted | 6 |
| on day care home
premises, except handguns in the | 7 |
| possession of peace officers, shall be
kept in a | 8 |
| disassembled state, without ammunition, in locked storage,
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| inaccessible to children and that ammunition permitted on | 10 |
| day care home
premises shall be kept in locked storage | 11 |
| separate from that of disassembled
firearms, inaccessible | 12 |
| to children;
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| (15) Provisions requiring notification of parents or | 14 |
| guardians enrolling
children at a day care home of the | 15 |
| presence in the day care home of any
firearms and | 16 |
| ammunition and of the arrangements for the separate, locked
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| storage of such firearms and ammunition.
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| (b) If, in a facility for general child care, there are | 19 |
| children
diagnosed as mentally ill, mentally retarded or | 20 |
| physically handicapped, who
are determined to be in need of | 21 |
| special mental treatment or of nursing
care, or both mental | 22 |
| treatment and nursing care, the Department shall seek
the | 23 |
| advice and recommendation of the Department of Human Services,
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| the Department of Public Health, or both
Departments regarding | 25 |
| the residential treatment and nursing care provided
by the | 26 |
| institution.
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LRB095 19705 RAS 46065 b |
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| (c) The Department shall investigate any person applying to | 2 |
| be
licensed as a foster parent to determine whether there is | 3 |
| any evidence of
current drug or alcohol abuse in the | 4 |
| prospective foster family. The
Department shall not license a | 5 |
| person as a foster parent if drug or alcohol
abuse has been | 6 |
| identified in the foster family or if a reasonable suspicion
of | 7 |
| such abuse exists, except that the Department may grant a | 8 |
| foster parent
license to an applicant identified with an | 9 |
| alcohol or drug problem if the
applicant has successfully | 10 |
| participated in an alcohol or drug treatment
program, self-help | 11 |
| group, or other suitable activities.
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| (d) The Department, in applying standards prescribed and | 13 |
| published, as
herein provided, shall offer consultation | 14 |
| through employed staff or other
qualified persons to assist | 15 |
| applicants and licensees in meeting and
maintaining minimum | 16 |
| requirements for a license and to help them otherwise
to | 17 |
| achieve programs of excellence related to the care of children | 18 |
| served.
Such consultation shall include providing information | 19 |
| concerning education
and training in early childhood | 20 |
| development to providers of day care home
services. The | 21 |
| Department may provide or arrange for such education and
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| training for those providers who request such assistance.
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| (e) The Department shall distribute copies of licensing
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| standards to all licensees and applicants for a license. Each | 25 |
| licensee or
holder of a permit shall distribute copies of the | 26 |
| appropriate licensing
standards and any other information |
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LRB095 19705 RAS 46065 b |
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| required by the Department to child
care facilities under its | 2 |
| supervision. Each licensee or holder of a permit
shall maintain | 3 |
| appropriate documentation of the distribution of the
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| standards. Such documentation shall be part of the records of | 5 |
| the facility
and subject to inspection by authorized | 6 |
| representatives of the Department.
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| (f) The Department shall prepare summaries of day care | 8 |
| licensing
standards. Each licensee or holder of a permit for a | 9 |
| day care facility
shall distribute a copy of the appropriate | 10 |
| summary and any other
information required by the Department, | 11 |
| to the legal guardian of each child
cared for in that facility | 12 |
| at the time when the child is enrolled or
initially placed in | 13 |
| the facility. The licensee or holder of a permit for a
day care | 14 |
| facility shall secure appropriate documentation of the
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| distribution of the summary and brochure. Such documentation | 16 |
| shall be a
part of the records of the facility and subject to | 17 |
| inspection by an
authorized representative of the Department.
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| (g) The Department shall distribute to each licensee and
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| holder of a permit copies of the licensing or permit standards | 20 |
| applicable
to such person's facility. Each licensee or holder | 21 |
| of a permit shall make
available by posting at all times in a | 22 |
| common or otherwise accessible area
a complete and current set | 23 |
| of licensing standards in order that all
employees of the | 24 |
| facility may have unrestricted access to such standards.
All | 25 |
| employees of the facility shall have reviewed the standards and | 26 |
| any
subsequent changes. Each licensee or holder of a permit |
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HB5200 Engrossed |
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LRB095 19705 RAS 46065 b |
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| shall maintain
appropriate documentation of the current review | 2 |
| of licensing standards by
all employees. Such records shall be | 3 |
| part of the records of the facility
and subject to inspection | 4 |
| by authorized representatives of the Department.
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| (h) Any standards involving physical examinations, | 6 |
| immunization,
or medical treatment shall include appropriate | 7 |
| exemptions for children
whose parents object thereto on the | 8 |
| grounds that they conflict with the
tenets and practices of a | 9 |
| recognized church or religious organization, of
which the | 10 |
| parent is an adherent or member, and for children who should | 11 |
| not
be subjected to immunization for clinical reasons.
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| (i) The Department, in cooperation with the Department of | 13 |
| Human Services, shall work to increase immunization awareness | 14 |
| and participation among parents of children enrolled in day | 15 |
| care centers and day care homes by publishing on the | 16 |
| Department's website information about the benefits of annual | 17 |
| immunization against influenza for children 6 months of age to | 18 |
| 5 years of age. The Department shall work with day care centers | 19 |
| and day care homes licensed under this Act to ensure that the | 20 |
| information is annually distributed to parents in August or | 21 |
| September. | 22 |
| (Source: P.A. 94-586, eff. 8-15-05.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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