Public Act 096-0391
 		





HB2318 Enrolled
LRB096 08665 ASK 18789 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Child Care Act of 1969 is amended  by 
changing Section 7 as follows:
 



    (225 ILCS 10/7)  (from Ch. 23, par. 2217)



    Sec. 7. (a) The Department must prescribe and publish 
minimum standards
for licensing that apply to the various types 
of facilities for child care
defined in this Act and that are 
equally applicable to like institutions
under the control of 
the Department and to foster family homes used by and
under the 
direct supervision of the Department.  The Department shall seek

the advice and assistance of persons representative of the 
various types of
child care facilities in establishing such 
standards.  The standards
prescribed and published under this 
Act take effect as provided in the
Illinois Administrative 
Procedure Act, and are restricted to
regulations pertaining to 
the following matters and to any rules and regulations required 
or permitted by any other Section of this Act:


        (1) The operation and conduct of the facility and 
    responsibility it
assumes for child care;


        (2) The character, suitability and qualifications of 
    the applicant and
other persons directly responsible for 
    the care and welfare of children
served.  All child day care 
    center licensees and employees who are required
to
report 
    child abuse or neglect under the Abused and Neglected Child 
    Reporting
Act shall be required to attend training on 
    recognizing child abuse and
neglect, as prescribed by 
    Department rules;


        (3) The general financial ability and competence of the 
    applicant to
provide necessary care for children and to 
    maintain prescribed standards;


        (4) The number of individuals or staff required to 
    insure adequate
supervision and care of the children 
    received.  The standards shall provide
that each child care 
    institution, maternity center, day care center,
group 
    home, day care home, and group day care home shall have on 
    its
premises during its hours of operation at
least one 
    staff member certified in first aid, in the Heimlich 
    maneuver and
in cardiopulmonary resuscitation by the 
    American Red Cross or other
organization approved by rule 
    of the Department.  Child welfare agencies
shall not be 
    subject to such a staffing requirement.  The Department may

    offer, or arrange for the offering, on a periodic basis in 
    each community
in this State in cooperation with the 
    American Red Cross, the American
Heart Association or other 
    appropriate organization, voluntary programs to
train 
    operators of foster family homes and day care homes in 
    first aid and
cardiopulmonary resuscitation;


        (5) The appropriateness, safety, cleanliness and 
    general adequacy of the
premises, including maintenance of 
    adequate fire prevention and health
standards conforming 
    to State laws and municipal codes to provide for the

    physical comfort, care and well-being of children 
    received;


        (6) Provisions for food, clothing, educational 
    opportunities, program,
equipment and individual supplies 
    to assure the healthy physical, mental
and spiritual 
    development of children served;


        (7) Provisions to safeguard the legal rights of 
    children served;


        (8) Maintenance of records pertaining to the 
    admission, progress, health
and discharge of children, 
    including, for day care centers and day care
homes, records 
    indicating each child has been immunized as required by 
    State
regulations.  The Department shall require proof that 
    children enrolled in
a facility have been immunized against 
    Haemophilus Influenzae B (HIB);


        (9) Filing of reports with the Department;


        (10) Discipline of children;


        (11) Protection and fostering of the particular

    religious faith of the children served;


        (12) Provisions prohibiting firearms on day care 
    center premises
except in the possession of peace officers;


        (13) Provisions prohibiting handguns on day care home 
    premises except in
the possession of peace officers or 
    other adults who must possess a handgun
as a condition of 
    employment and who reside on the premises of a day care 
    home;


        (14) Provisions requiring that any firearm permitted 
    on day care home
premises, except handguns in the 
    possession of peace officers, shall be
kept in a 
    disassembled state, without ammunition, in locked storage,

    inaccessible to children and that ammunition permitted on 
    day care home
premises shall be kept in locked storage 
    separate from that of disassembled
firearms, inaccessible 
    to children;


        (15) Provisions requiring notification of parents or 
    guardians enrolling
children at a day care home of the 
    presence in the day care home of any
firearms and 
    ammunition and of the arrangements for the separate, locked

    storage of such firearms and ammunition.

    (b) If, in a facility for general child care, there are 
children
diagnosed as mentally ill, mentally retarded or 
physically handicapped, who
are determined to be in need of 
special mental treatment or of nursing
care, or both mental 
treatment and nursing care, the Department shall seek
the 
advice and recommendation of the Department of Human Services,

the Department of Public Health, or both
Departments regarding 
the residential treatment and nursing care provided
by the 
institution.

    (c) The Department shall investigate any person applying to 
be
licensed as a foster parent to determine whether there is 
any evidence of
current drug or alcohol abuse in the 
prospective foster family.  The
Department shall not license a 
person as a foster parent if drug or alcohol
abuse has been 
identified in the foster family or if a reasonable suspicion
of 
such abuse exists, except that the Department may grant a 
foster parent
license to an applicant identified with an 
alcohol or drug problem if the
applicant has successfully 
participated in an alcohol or drug treatment
program, self-help 
group, or other suitable activities.

    (d) The Department, in applying standards prescribed and 
published, as
herein provided, shall offer consultation 
through employed staff or other
qualified persons to assist 
applicants and licensees in meeting and
maintaining minimum 
requirements for a license and to help them otherwise
to 
achieve programs of excellence related to the care of children 
served.
Such consultation shall include providing information 
concerning education
and training in early childhood 
development to providers of day care home
services.  The 
Department may provide or arrange for such education and

training for those providers who request such assistance.

    (e) The Department shall distribute copies of licensing

standards to all licensees and applicants for a license.  Each 
licensee or
holder of a permit shall distribute copies of the 
appropriate licensing
standards and any other information 
required by the Department to child
care facilities under its 
supervision.  Each licensee or holder of a permit
shall maintain 
appropriate documentation of the distribution of the

standards.  Such documentation shall be part of the records of 
the facility
and subject to inspection by authorized 
representatives of the Department.

    (f) The Department shall prepare summaries of day care 
licensing
standards.  Each licensee or holder of a permit for a 
day care facility
shall distribute a copy of the appropriate 
summary and any other
information required by the Department, 
to the legal guardian of each child
cared for in that facility 
at the time when the child is enrolled or
initially placed in 
the facility. The licensee or holder of a permit for a
day care 
facility shall secure appropriate documentation of the

distribution of the summary and brochure. Such documentation 
shall be a
part of the records of the facility and subject to 
inspection by an
authorized representative of the Department.

    (g) The Department shall distribute to each licensee and

holder of a permit copies of the licensing or permit standards 
applicable
to such person's facility.  Each licensee or holder 
of a permit shall make
available by posting at all times in a 
common or otherwise accessible area
a complete and current set 
of licensing standards in order that all
employees of the 
facility may have unrestricted access to such standards.
All 
employees of the facility shall have reviewed the standards and 
any
subsequent changes.  Each licensee or holder of a permit 
shall maintain
appropriate documentation of the current review 
of licensing standards by
all employees.  Such records shall be 
part of the records of the facility
and subject to inspection 
by authorized representatives of the Department.

    (h) Any standards involving physical examinations, 
immunization,
or medical treatment shall include appropriate 
exemptions for children
whose parents object thereto on the 
grounds that they conflict with the
tenets and practices of a 
recognized church or religious organization, of
which the 
parent is an adherent or member, and for children who should 
not
be subjected to immunization for clinical reasons.

    (i) The Department, in cooperation with the Department of 
Public Health, shall work to increase immunization awareness 
and participation among parents of children enrolled in day 
care centers and day care homes by publishing on the 
Department's website information about the benefits of annual 
immunization against influenza for children 6 months of age to 
5 years of age.  The Department shall work with day care centers 
and day care homes licensed under this Act to ensure that the 
information is annually distributed to parents in August or 
September. 
(Source: P.A. 94-586, eff. 8-15-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.




Effective Date:  8/13/2009