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Public Act 91-0557
HB1839 Enrolled LRB9103269ACtm
AN ACT to amend the Child Care Act of 1969 by changing
Section 4.3.
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 4.3 as follows:
(225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
Sec. 4.3. Child Abuse and Neglect Reports. All child
care facility license applicants and all current and
prospective employees of a child care facility who have any
possible contact with children in the course of their duties,
as a condition of such licensure or employment, shall
authorize in writing on a form prescribed by the Department
an investigation of the Central Register, as defined in the
Abused and Neglected Child Reporting Act, to ascertain if
such applicant or employee has been determined to be a
perpetrator in an indicated report of child abuse or neglect.
All child care facilities as a condition of licensure
pursuant to this Act shall maintain such information which
demonstrates that all current employees and other applicants
for employment who have any possible contact with children in
the course of their duties have authorized an investigation
of the Central Register as hereinabove required. Only those
current or prospective employees who will have no possible
contact with children as part of their present or prospective
employment may be excluded from provisions requiring
authorization of an investigation.
Such information concerning a license applicant, employee
or prospective employee obtained by the Department shall be
confidential and exempt from public inspection and copying as
provided under Section 7 of The Freedom of Information Act,
and such information shall not be transmitted outside the
Department, except as provided in the Abused and Neglected
Child Reporting Act, and shall not be transmitted to anyone
within the Department except as provided in the Abused and
Neglected Child Reporting Act, and shall not be transmitted
to anyone within the Department except as needed for the
purposes of evaluation of an application for licensure or for
consideration by a child care facility of an employee. Any
employee of the Department of Children and Family Services
under this Section who gives or causes to be given any
confidential information concerning any child abuse or
neglect reports about a child care facility applicant, child
care facility employee, shall be guilty of a Class A
misdemeanor, unless release of such information is authorized
by Section 11.1 of the Abused and Neglected Child Reporting
Act.
Additionally, any licensee who is informed by the
Department of Children and Family Services, pursuant to
Section 7.4 of the Abused and Neglected Child Reporting Act,
approved June 26, 1975, as amended, that a formal
investigation has commenced relating to an employee of the
child care facility or any other person in frequent contact
with children at the facility, shall take reasonable action
necessary to insure that the employee or other person is
restricted during the pendency of the investigation from
contact with children whose care has been entrusted to the
facility.
When a foster family home is the subject of an indicated
report under the Abused and Neglected Child Reporting Act,
the Department of Children and Family Services must
immediately conduct a re-examination of the foster family
home to evaluate whether it continues to meet the minimum
standards for licensure. The re-examination is separate and
apart from the formal investigation of the report. The
Department must establish a schedule for re-examination of
the foster family home mentioned in the report at least once
a year.
(Source: P.A. 86-1420.)
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