State of Illinois
91st General Assembly
Public Acts

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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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