Illinois General Assembly - Full Text of Public Act 099-0699
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Public Act 099-0699





Public Act 099-0699
SB2321 EnrolledLRB099 15718 MLM 40017 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 Sections 2.09 and 3 as follows:
    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
    Sec. 2.09. "Day care center" means any child care facility
which regularly provides day care for less than 24 hours per
day for (1) more than 8 children in a family home, or (2) more
than 3 children in a facility other than a family home,
including senior citizen buildings. The term does not include
(a) programs operated by (i) public or private elementary
school systems or secondary level school units or institutions
of higher learning that serve children who shall have attained
the age of 3 years or (ii) private entities on the grounds of
public or private elementary or secondary schools and that
serve children who have attained the age of 3 years, except
that this exception applies only to the facility and not to the
private entities' personnel operating the program; (b)
programs or that portion of the program which serves children
who shall have attained the age of 3 years and which are
recognized by the State Board of Education; (c) educational
program or programs serving children who shall have attained
the age of 3 years and which are operated by a school which is
registered with the State Board of Education and which is
recognized or accredited by a recognized national or multistate
educational organization or association which regularly
recognizes or accredits schools; (d) programs which
exclusively serve or that portion of the program which serves
children with disabilities who shall have attained the age of 3
years but are less than 21 years of age and which are
registered and approved as meeting standards of the State Board
of Education and applicable fire marshal standards; (e)
facilities operated in connection with a shopping center or
service, religious services, or other similar facility, where
transient children are cared for temporarily while parents or
custodians of the children are occupied on the premises and
readily available; (f) any type of day care center that is
conducted on federal government premises; (g) special
activities programs, including athletics, crafts instruction
and similar activities conducted on an organized and periodic
basis by civic, charitable and governmental organizations; (h)
part day child care facilities, as defined in Section 2.10 of
this Act; or (i) programs or that portion of the program which
(1) serves children who shall have attained the age of 3 years,
(2) is operated by churches or religious institutions as
described in Section 501 (c) (3) of the federal Internal
Revenue Code, (3) receives no governmental aid, (4) is operated
as a component of a religious, nonprofit elementary school, (5)
operates primarily to provide religious education, and (6)
meets appropriate State or local health and fire safety
standards; or (j) programs or portions of programs that: (1)
serve only school-age children and youth (defined as full-time
kindergarten children, as defined in 89 Ill. Adm. Code 407.45,
or older), (2) are organized to promote childhood learning,
child and youth development, educational or recreational
activities, or character-building, (3) operate primarily
during out-of-school time or at times when school is not
normally in session, (4) comply with the standards of the
Illinois Department of Public Health (77 Ill. Adm. Code 750) or
the local health department, the Illinois State Fire Marshal
(41 Ill. Adm. Code 100), and the following additional health
and safety requirements: procedures for employee and volunteer
emergency preparedness and practice drills; procedures to
ensure that first aid kits are maintained and ready to use; the
placement of a minimum level of liability insurance as
determined by the Department; procedures for the availability
of a working telephone that is onsite and accessible at all
times; procedures to ensure that emergency phone numbers are
posted onsite; and a restriction on handgun or weapon
possession onsite, except if possessed by a peace officer, (5)
perform and maintain authorization and results of criminal
history checks through the Illinois State Police and FBI and
checks of the Illinois Sex Offender Registry, the National Sex
Offender Registry, and Child Abuse and Neglect Tracking System
for employees and volunteers who work directly with children,
(6) make hiring decisions in accordance with the prohibitions
against barrier crimes as specified in Section 4.2 of this Act
or in Section 21B-80 of the School Code, (7) provide parents
with written disclosure that the operations of the program are
not regulated by licensing requirements, and (8) obtain and
maintain records showing the first and last name and date of
birth of the child, name, address, and telephone number of each
parent, emergency contact information, and written
authorization for medical care.
    Programs or portions of programs requesting Child Care
Assistance Program (CCAP) funding and otherwise meeting the
requirements under (j) shall request exemption from the
Department and be determined exempt prior to receiving funding
and must annually meet the eligibility requirements and be
appropriate for payment under the CCAP.
    Programs or portions of programs under (j) that do not
receive State or federal funds must comply with staff
qualification and training standards established by rule by the
Department of Human Services. The Department of Human Services
shall set such standards after review of Afterschool for
Children and Teens Now (ACT Now) evidence-based quality
standards developed for school-age out-of-school time
programs, feedback from the school-age out-of-school time
program professionals, and review of out-of-school time
professional development frameworks and quality tools.
    Out-of-school time programs for school-age youth that
receive State or federal funds must comply with only those
staff qualifications and training standards set for the program
by the State or federal entity issuing the funds.
    For purposes of (a), (b), (c), (d) and (i) of this Section,
"children who shall have attained the age of 3 years" shall
mean children who are 3 years of age, but less than 4 years of
age, at the time of enrollment in the program.
(Source: P.A. 99-143, eff. 7-27-15.)
    (225 ILCS 10/3)  (from Ch. 23, par. 2213)
    Sec. 3. (a) No person, group of persons or corporation may
operate or conduct any facility for child care, as defined in
this Act, without a license or permit issued by the Department
or without being approved by the Department as meeting the
standards established for such licensing, with the exception of
facilities for whom standards are established by the Department
of Corrections under Section 3-15-2 of the Unified Code of
Corrections and with the exception of facilities defined in
Section 2.10 of this Act, and with the exception of programs or
facilities licensed by the Department of Human Services under
the Alcoholism and Other Drug Abuse and Dependency Act.
    (b) No part day child care facility as described in Section
2.10 may operate without written notification to the Department
or without complying with Section 7.1. Notification shall
include a notarized statement by the facility that the facility
complies with state or local health standards and state fire
safety standards, and shall be filed with the department every
2 years.
    (c) The Director of the Department shall establish policies
and coordinate activities relating to child care licensing,
licensing of day care homes and day care centers.
    (d) Any facility or agency which is exempt from licensing
may apply for licensing if licensing is required for some
government benefit.
    (e) A provider of day care described in items (a) through
(j) of Section 2.09 of this Act is exempt from licensure. The
Department shall provide written verification of exemption and
description of compliance with standards for the health,
safety, and development of the children who receive the
services upon submission by the provider of, in addition to any
other documentation required by the Department, a notarized
statement that the facility complies with: (1) the standards of
the Department of Public Health or local health department, (2)
the fire safety standards of the State Fire Marshal, and (3) if
operated in a public school building, the health and safety
standards of the State Board of Education.
(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2016