| ||||
Public Act 097-0494 | ||||
| ||||
| ||||
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 vaccine preventable diseases, including | ||
influenza and pertussis for children 6 months of age to 5 years | ||
of age . The information for vaccine preventable diseases shall | ||
include the incidence and severity of the diseases, the | ||
availability of vaccines, and the importance of immunizing | ||
children and persons who frequently have close contact with | ||
children. The website content shall be reviewed annually in | ||
collaboration with the Department of Public Health to reflect | ||
the most current recommendations of the Advisory Committee on | ||
Immunization Practices (ACIP). 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. 96-391, eff. 8-13-09.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|