Illinois General Assembly - Full Text of HB4966
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Full Text of HB4966  99th General Assembly




HB4966 EnrolledLRB099 18099 SMS 42464 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 Children and Family Services Act is amended
5by changing Section 35.1 as follows:
6    (20 ILCS 505/35.1)  (from Ch. 23, par. 5035.1)
7    Sec. 35.1. The case and clinical records of patients in
8Department supervised facilities, wards of the Department,
9children receiving or applying for child welfare services,
10persons receiving or applying for other services of the
11Department, and Department reports of injury or abuse to
12children shall not be open to the general public. Such case and
13clinical records and reports or the information contained
14therein shall be disclosed by the Director of the Department to
15juvenile authorities when necessary for the discharge of their
16official duties who request information concerning the minor
17and who certify in writing that the information will not be
18disclosed to any other party except as provided under law or
19order of court. For purposes of this Section, "juvenile
20authorities" means: (i) a judge of the circuit court and
21members of the staff of the court designated by the judge; (ii)
22parties to the proceedings under the Juvenile Court Act of 1987
23and their attorneys; (iii) probation officers and court



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1appointed advocates for the juvenile authorized by the judge
2hearing the case; (iv) any individual, public or private agency
3having custody of the child pursuant to court order or pursuant
4to placement of the child by the Department; (v) any
5individual, public or private agency providing education,
6medical or mental health service to the child when the
7requested information is needed to determine the appropriate
8service or treatment for the minor; (vi) any potential
9placement provider when such release is authorized by the court
10for the limited purpose of determining the appropriateness of
11the potential placement; (vii) law enforcement officers and
12prosecutors; (viii) adult and juvenile prisoner review boards;
13(ix) authorized military personnel; (x) individuals authorized
14by court; (xi) the Illinois General Assembly or any committee
15or commission thereof. This Section does not apply to the
16Department's fiscal records, other records of a purely
17administrative nature, or any forms, documents or other records
18required of facilities subject to licensure by the Department
19except as may otherwise be provided under the Child Care Act of
201969. Notwithstanding any other provision of this Section, upon
21request, a guardian ad litem or attorney appointed to represent
22a child who is the subject of an action pursuant to Article II
23of the Juvenile Court Act of 1987 may obtain a copy of foster
24home licensing records, including all information related to
25licensing complaints and investigations, regarding a home in
26which the child is placed or regarding a home in which the



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1Department plans to place the child. Any information contained
2in foster home licensing records that is protected from
3disclosure by federal or State law may be obtained only in
4compliance with that law. Nothing in this Section restricts the
5authority of a court to order release of licensing records for
6purposes of discovery or as otherwise authorized by law.
7    Nothing contained in this Act prevents the sharing or
8disclosure of information or records relating or pertaining to
9juveniles subject to the provisions of the Serious Habitual
10Offender Comprehensive Action Program when that information is
11used to assist in the early identification and treatment of
12habitual juvenile offenders.
13    Nothing contained in this Act prevents the sharing or
14disclosure of information or records relating or pertaining to
15the death of a minor under the care of or receiving services
16from the Department and under the jurisdiction of the juvenile
17court with the juvenile court, the State's Attorney, and the
18minor's attorney.
19    Nothing contained in this Section prohibits or prevents any
20individual dealing with or providing services to a minor from
21sharing information with another individual dealing with or
22providing services to a minor for the purpose of coordinating
23efforts on behalf of the minor. The sharing of such information
24is only for the purpose stated herein and is to be consistent
25with the intent and purpose of the confidentiality provisions
26of the Juvenile Court Act of 1987. This provision does not



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1abrogate any recognized privilege. Sharing information does
2not include copying of records, reports or case files unless
3authorized herein.
4    Nothing in this Section prohibits or prevents the
5re-disclosure of records, reports, or other information that
6reveals malfeasance or nonfeasance on the part of the
7Department, its employees, or its agents. Nothing in this
8Section prohibits or prevents the Department or a party in a
9proceeding under the Juvenile Court Act of 1987 from copying
10records, reports, or case files for the purpose of sharing
11those documents with other parties to the litigation.
12(Source: P.A. 94-1010, eff. 10-1-06.)
13    Section 10. The Child Care Act of 1969 is amended by
14changing Sections 4, 6, and 7 and by adding Section 2.22a as
16    (225 ILCS 10/2.22a new)
17    Sec. 2.22a. Quality of care concerns applicant. "Quality of
18care concerns applicant" means an applicant for a foster care
19license or renewal of a foster care license where the applicant
20or any person living in the applicant's household:
21        (1) has had a license issued under this Act revoked;
22        (2) has surrendered a license issued under this Act for
23    cause;
24        (3) has had a license issued under this Act expire or



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1    has surrendered a license, while either an abuse or neglect
2    investigation or licensing investigation was pending or an
3    involuntary placement hold was placed on the home;
4        (4) has been the subject of allegations of abuse or
5    neglect;
6        (5) has an indicated report of abuse or neglect; or
7        (6) has been the subject of certain types of
8    involuntary placement holds or has been involved in certain
9    types of substantiated licensing complaints, as specified
10    and defined by Department rule.
11    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
12    Sec. 4. License requirement; application; notice.
13    (a) Any person, group of persons or corporation who or
14which receives children or arranges for care or placement of
15one or more children unrelated to the operator must apply for a
16license to operate one of the types of facilities defined in
17Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
18relative, as defined in Section 2.17 of this Act, who receives
19a child or children for placement by the Department on a
20full-time basis may apply for a license to operate a foster
21family home as defined in Section 2.17 of this Act.
22    (a-5) Any agency, person, group of persons, association,
23organization, corporation, institution, center, or group
24providing adoption services must be licensed by the Department
25as a child welfare agency as defined in Section 2.08 of this



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1Act. "Providing adoption services" as used in this Act,
2includes facilitating or engaging in adoption services.
3    (b) Application for a license to operate a child care
4facility must be made to the Department in the manner and on
5forms prescribed by it. An application to operate a foster
6family home shall include, at a minimum: a completed written
7form; written authorization by the applicant and all adult
8members of the applicant's household to conduct a criminal
9background investigation; medical evidence in the form of a
10medical report, on forms prescribed by the Department, that the
11applicant and all members of the household are free from
12communicable diseases or physical and mental conditions that
13affect their ability to provide care for the child or children;
14the names and addresses of at least 3 persons not related to
15the applicant who can attest to the applicant's moral
16character; and fingerprints submitted by the applicant and all
17adult members of the applicant's household.
18    (b-5) Prior to submitting an application for a foster
19family home license, a quality of care concerns applicant as
20defined in Section 2.22a of this Act must submit a preliminary
21application to the Department in the manner and on forms
22prescribed by it. The Department shall explain to the quality
23of care concerns applicant the grounds for requiring a
24preliminary application. The preliminary application shall
25include a list of (i) all children placed in the home by the
26Department who were removed by the Department for reasons other



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1than returning to a parent and the circumstances under which
2they were removed and (ii) all children placed by the
3Department who were subsequently adopted by or placed in the
4private guardianship of the quality of care concerns applicant
5who are currently under 18 and who no longer reside in the home
6and the reasons why they no longer reside in the home. The
7preliminary application shall also include, if the quality of
8care concerns applicant chooses to submit, (1) a response to
9the quality of care concerns, including any reason the concerns
10are invalid, have been addressed or ameliorated, or no longer
11apply and (2) affirmative documentation demonstrating that the
12quality of care concerns applicant's home does not pose a risk
13to children and that the family will be able to meet the
14physical and emotional needs of children. The Department shall
15verify the information in the preliminary application and
16review (i) information regarding any prior licensing
17complaints, (ii) information regarding any prior child abuse or
18neglect investigations, and (iii) information regarding any
19involuntary foster home holds placed on the home by the
20Department. Foster home applicants with quality of care
21concerns are presumed unsuitable for future licensure.
22    Notwithstanding the provisions of this subsection (b-5),
23the Department may make an exception and issue a foster family
24license to a quality of care concerns applicant if the
25Department is satisfied that the foster family home does not
26pose a risk to children and that the foster family will be able



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1to meet the physical and emotional needs of children. In making
2this determination, the Department must obtain and carefully
3review all relevant documents and shall obtain consultation
4from its Clinical Division as appropriate and as prescribed by
5Department rule and procedure. The Department has the authority
6to deny a preliminary application based on the record of
7quality of care concerns of the foster family home. In the
8alternative, the Department may (i) approve the preliminary
9application, (ii) approve the preliminary application subject
10to obtaining additional information or assessments, or (iii)
11approve the preliminary application for purposes of placing a
12particular child or children only in the foster family home. If
13the Department approves a preliminary application, the foster
14family shall submit an application for licensure as described
15in subsection (b) of this Section. The Department shall notify
16the quality of care concerns applicant of its decision and the
17basis for its decision in writing.
18    (c) The Department shall notify the public when a child
19care institution, maternity center, or group home licensed by
20the Department undergoes a change in (i) the range of care or
21services offered at the facility, (ii) the age or type of
22children served, or (iii) the area within the facility used by
23children. The Department shall notify the public of the change
24in a newspaper of general circulation in the county or
25municipality in which the applicant's facility is or is
26proposed to be located.



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1    (d) If, upon examination of the facility and investigation
2of persons responsible for care of children and, in the case of
3a foster home, taking into account information obtained for
4purposes of evaluating a preliminary application, if
5applicable, the Department is satisfied that the facility and
6responsible persons reasonably meet standards prescribed for
7the type of facility for which application is made, it shall
8issue a license in proper form, designating on that license the
9type of child care facility and, except for a child welfare
10agency, the number of children to be served at any one time.
11    (e) The Department shall not issue or renew the license of
12any child welfare agency providing adoption services, unless
13the agency (i) is officially recognized by the United States
14Internal Revenue Service as a tax-exempt organization
15described in Section 501(c)(3) of the Internal Revenue Code of
161986 (or any successor provision of federal tax law) and (ii)
17is in compliance with all of the standards necessary to
18maintain its status as an organization described in Section
19501(c)(3) of the Internal Revenue Code of 1986 (or any
20successor provision of federal tax law). The Department shall
21grant a grace period of 24 months from the effective date of
22this amendatory Act of the 94th General Assembly for existing
23child welfare agencies providing adoption services to obtain
24501(c)(3) status. The Department shall permit an existing child
25welfare agency that converts from its current structure in
26order to be recognized as a 501(c)(3) organization as required



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1by this Section to either retain its current license or
2transfer its current license to a newly formed entity, if the
3creation of a new entity is required in order to comply with
4this Section, provided that the child welfare agency
5demonstrates that it continues to meet all other licensing
6requirements and that the principal officers and directors and
7programs of the converted child welfare agency or newly
8organized child welfare agency are substantially the same as
9the original. The Department shall have the sole discretion to
10grant a one year extension to any agency unable to obtain
11501(c)(3) status within the timeframe specified in this
12subsection (e), provided that such agency has filed an
13application for 501(c)(3) status with the Internal Revenue
14Service within the 2-year timeframe specified in this
15subsection (e).
16(Source: P.A. 98-804, eff. 1-1-15.)
17    (225 ILCS 10/6)  (from Ch. 23, par. 2216)
18    Sec. 6. (a) A licensed facility operating as a "child care
19institution", "maternity center", "child welfare agency", "day
20care agency" or "day care center" must apply for renewal of its
21license held, the application to be made to the Department on
22forms prescribed by it.
23    (b) The Department, a duly licensed child welfare agency or
24a suitable agency or person designated by the Department as its
25agent to do so, must re-examine every child care facility for



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1renewal of license, including in that process the examination
2of the premises and records of the facility as the Department
3considers necessary to determine that minimum standards for
4licensing continue to be met, and random surveys of parents or
5legal guardians who are consumers of such facilities' services
6to assess the quality of care at such facilities. In the case
7of foster family homes, or day care homes under the supervision
8of or otherwise required to be licensed by the Department, or
9under supervision of a licensed child welfare agency or day
10care agency, the examination shall be made by the Department,
11or agency supervising such homes. If the Department is
12satisfied that the facility continues to maintain minimum
13standards which it prescribes and publishes, it shall renew the
14license to operate the facility.
15    (b-5) In the case of a quality of care concerns applicant
16as defined in Section 2.22a of this Act, in addition to the
17examination required in subsection (b) of this Section, the
18Department shall not renew the license of a quality of care
19concerns applicant unless the Department is satisfied that the
20foster family home does not pose a risk to children and that
21the foster family home will be able to meet the physical and
22emotional needs of children. In making this determination, the
23Department must obtain and carefully review all relevant
24documents and shall obtain consultation from its Clinical
25Division as appropriate and as prescribed by Department rule
26and procedure. The Department has the authority to deny an



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1application for renewal based on a record of quality of care
2concerns. In the alternative, the Department may (i) approve
3the application for renewal subject to obtaining additional
4information or assessments, (ii) approve the application for
5renewal for purposes of placing or maintaining only a
6particular child or children only in the foster home, or (iii)
7approve the application for renewal. The Department shall
8notify the quality of care concerns applicant of its decision
9and the basis for its decision in writing.
10    (c) If a child care facility's license, other than a
11license for a foster family home, is revoked, or if the
12Department refuses to renew a facility's license, the facility
13may not reapply for a license before the expiration of 12
14months following the Department's action; provided, however,
15that the denial of a reapplication for a license pursuant to
16this subsection must be supported by evidence that the prior
17revocation renders the applicant unqualified or incapable of
18satisfying the standards and rules promulgated by the
19Department pursuant to this Act or maintaining a facility which
20adheres to such standards and rules.
21    (d) If a foster family home license (i) is revoked, (ii) is
22surrendered for cause, or (iii) expires or is surrendered with
23either certain types of involuntary placement holds in place or
24while a licensing or child abuse or neglect investigation is
25pending, or if the Department refuses to renew a foster home
26license, the foster home may not reapply for a license before



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1the expiration of 5 years following the Department's action or
2following the expiration or surrender of the license.
3(Source: P.A. 86-554.)
4    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
5    Sec. 7. (a) The Department must prescribe and publish
6minimum standards for licensing that apply to the various types
7of facilities for child care defined in this Act and that are
8equally applicable to like institutions under the control of
9the Department and to foster family homes used by and under the
10direct supervision of the Department. The Department shall seek
11the advice and assistance of persons representative of the
12various types of child care facilities in establishing such
13standards. The standards prescribed and published under this
14Act take effect as provided in the Illinois Administrative
15Procedure Act, and are restricted to regulations pertaining to
16the following matters and to any rules and regulations required
17or permitted by any other Section of this Act:
18        (1) The operation and conduct of the facility and
19    responsibility it assumes for child care;
20        (2) The character, suitability and qualifications of
21    the applicant and other persons directly responsible for
22    the care and welfare of children served. All child day care
23    center licensees and employees who are required to report
24    child abuse or neglect under the Abused and Neglected Child
25    Reporting Act shall be required to attend training on



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1    recognizing child abuse and neglect, as prescribed by
2    Department rules;
3        (3) The general financial ability and competence of the
4    applicant to provide necessary care for children and to
5    maintain prescribed standards;
6        (4) The number of individuals or staff required to
7    insure adequate supervision and care of the children
8    received. The standards shall provide that each child care
9    institution, maternity center, day care center, group
10    home, day care home, and group day care home shall have on
11    its premises during its hours of operation at least one
12    staff member certified in first aid, in the Heimlich
13    maneuver and in cardiopulmonary resuscitation by the
14    American Red Cross or other organization approved by rule
15    of the Department. Child welfare agencies shall not be
16    subject to such a staffing requirement. The Department may
17    offer, or arrange for the offering, on a periodic basis in
18    each community in this State in cooperation with the
19    American Red Cross, the American Heart Association or other
20    appropriate organization, voluntary programs to train
21    operators of foster family homes and day care homes in
22    first aid and cardiopulmonary resuscitation;
23        (5) The appropriateness, safety, cleanliness and
24    general adequacy of the premises, including maintenance of
25    adequate fire prevention and health standards conforming
26    to State laws and municipal codes to provide for the



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1    physical comfort, care and well-being of children
2    received;
3        (6) Provisions for food, clothing, educational
4    opportunities, program, equipment and individual supplies
5    to assure the healthy physical, mental and spiritual
6    development of children served;
7        (7) Provisions to safeguard the legal rights of
8    children served;
9        (8) Maintenance of records pertaining to the
10    admission, progress, health and discharge of children,
11    including, for day care centers and day care homes, records
12    indicating each child has been immunized as required by
13    State regulations. The Department shall require proof that
14    children enrolled in a facility have been immunized against
15    Haemophilus Influenzae B (HIB);
16        (9) Filing of reports with the Department;
17        (10) Discipline of children;
18        (11) Protection and fostering of the particular
19    religious faith of the children served;
20        (12) Provisions prohibiting firearms on day care
21    center premises except in the possession of peace officers;
22        (13) Provisions prohibiting handguns on day care home
23    premises except in the possession of peace officers or
24    other adults who must possess a handgun as a condition of
25    employment and who reside on the premises of a day care
26    home;



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1        (14) Provisions requiring that any firearm permitted
2    on day care home premises, except handguns in the
3    possession of peace officers, shall be kept in a
4    disassembled state, without ammunition, in locked storage,
5    inaccessible to children and that ammunition permitted on
6    day care home premises shall be kept in locked storage
7    separate from that of disassembled firearms, inaccessible
8    to children;
9        (15) Provisions requiring notification of parents or
10    guardians enrolling children at a day care home of the
11    presence in the day care home of any firearms and
12    ammunition and of the arrangements for the separate, locked
13    storage of such firearms and ammunition; and
14        (16) Provisions requiring all licensed child care
15    facility employees who care for newborns and infants to
16    complete training every 3 years on the nature of sudden
17    unexpected infant death (SUID), sudden infant death
18    syndrome (SIDS), and the safe sleep recommendations of the
19    American Academy of Pediatrics.
20        (17) With respect to foster family homes, provisions
21    requiring the Department to review quality of care concerns
22    and to consider those concerns in determining whether a
23    foster family home is qualified to care for children.
24    (b) If, in a facility for general child care, there are
25children diagnosed as mentally ill or children diagnosed as
26having an intellectual or physical disability, who are



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1determined to be in need of special mental treatment or of
2nursing care, or both mental treatment and nursing care, the
3Department shall seek the advice and recommendation of the
4Department of Human Services, the Department of Public Health,
5or both Departments regarding the residential treatment and
6nursing care provided by the institution.
7    (c) The Department shall investigate any person applying to
8be licensed as a foster parent to determine whether there is
9any evidence of current drug or alcohol abuse in the
10prospective foster family. The Department shall not license a
11person as a foster parent if drug or alcohol abuse has been
12identified in the foster family or if a reasonable suspicion of
13such abuse exists, except that the Department may grant a
14foster parent license to an applicant identified with an
15alcohol or drug problem if the applicant has successfully
16participated in an alcohol or drug treatment program, self-help
17group, or other suitable activities and if the Department
18determines that the foster family home can provide a safe,
19appropriate environment and meet the physical and emotional
20needs of children.
21    (d) The Department, in applying standards prescribed and
22published, as herein provided, shall offer consultation
23through employed staff or other qualified persons to assist
24applicants and licensees in meeting and maintaining minimum
25requirements for a license and to help them otherwise to
26achieve programs of excellence related to the care of children



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1served. Such consultation shall include providing information
2concerning education and training in early childhood
3development to providers of day care home services. The
4Department may provide or arrange for such education and
5training for those providers who request such assistance.
6    (e) The Department shall distribute copies of licensing
7standards to all licensees and applicants for a license. Each
8licensee or holder of a permit shall distribute copies of the
9appropriate licensing standards and any other information
10required by the Department to child care facilities under its
11supervision. Each licensee or holder of a permit shall maintain
12appropriate documentation of the distribution of the
13standards. Such documentation shall be part of the records of
14the facility and subject to inspection by authorized
15representatives of the Department.
16    (f) The Department shall prepare summaries of day care
17licensing standards. Each licensee or holder of a permit for a
18day care facility shall distribute a copy of the appropriate
19summary and any other information required by the Department,
20to the legal guardian of each child cared for in that facility
21at the time when the child is enrolled or initially placed in
22the facility. The licensee or holder of a permit for a day care
23facility shall secure appropriate documentation of the
24distribution of the summary and brochure. Such documentation
25shall be a part of the records of the facility and subject to
26inspection by an authorized representative of the Department.



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1    (g) The Department shall distribute to each licensee and
2holder of a permit copies of the licensing or permit standards
3applicable to such person's facility. Each licensee or holder
4of a permit shall make available by posting at all times in a
5common or otherwise accessible area a complete and current set
6of licensing standards in order that all employees of the
7facility may have unrestricted access to such standards. All
8employees of the facility shall have reviewed the standards and
9any subsequent changes. Each licensee or holder of a permit
10shall maintain appropriate documentation of the current review
11of licensing standards by all employees. Such records shall be
12part of the records of the facility and subject to inspection
13by authorized representatives of the Department.
14    (h) Any standards involving physical examinations,
15immunization, or medical treatment shall include appropriate
16exemptions for children whose parents object thereto on the
17grounds that they conflict with the tenets and practices of a
18recognized church or religious organization, of which the
19parent is an adherent or member, and for children who should
20not be subjected to immunization for clinical reasons.
21    (i) The Department, in cooperation with the Department of
22Public Health, shall work to increase immunization awareness
23and participation among parents of children enrolled in day
24care centers and day care homes by publishing on the
25Department's website information about the benefits of
26immunization against vaccine preventable diseases, including



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1influenza and pertussis. The information for vaccine
2preventable diseases shall include the incidence and severity
3of the diseases, the availability of vaccines, and the
4importance of immunizing children and persons who frequently
5have close contact with children. The website content shall be
6reviewed annually in collaboration with the Department of
7Public Health to reflect the most current recommendations of
8the Advisory Committee on Immunization Practices (ACIP). The
9Department shall work with day care centers and day care homes
10licensed under this Act to ensure that the information is
11annually distributed to parents in August or September.
12    (j) Any standard adopted by the Department that requires an
13applicant for a license to operate a day care home to include a
14copy of a high school diploma or equivalent certificate with
15his or her application shall be deemed to be satisfied if the
16applicant includes a copy of a high school diploma or
17equivalent certificate or a copy of a degree from an accredited
18institution of higher education or vocational institution or
19equivalent certificate.
20(Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15.)
21    Section 99. Effective date. This Act takes effect January
221, 2017.