(225 ILCS 10/1) (from Ch. 23, par. 2211)
Sec. 1.
This Act shall be known and may be cited as the Child Care Act of 1969.
(Source: P.A. 76-63.)
(225 ILCS 10/2) (from Ch. 23, par. 2212)
Sec. 2. Terms used in this Act, unless the context otherwise requires,
have the meanings ascribed to them in the Sections following this Section and preceding Section 3.
(Source: P.A. 98-756, eff. 7-16-14.)
(225 ILCS 10/2.01) (from Ch. 23, par. 2212.01)
Sec. 2.01.
Child.
"Child" means any person under 18 years of age.
For purposes of admission to and residence in child care institutions, group
homes,
and
maternity centers, the term also means any person under 21 years of age who
is referred by a parent or guardian, including an agency having legal
responsibility for the person pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987. Termination of care for such
persons under 21 years of age shall occur no later than 90 days following
completion of a public school secondary education program or the
individual's eligibility for such a program.
(Source: P.A. 91-60, eff. 6-30-99.)
(225 ILCS 10/2.01a) (from Ch. 23, par. 2212.01a)
Sec. 2.01a.
"Homeless youth" has the same meaning as in Section 5 of
"An Act creating the Department of Children and Family Services,
codifying its powers and duties, and repealing certain Acts and
Sections herein named", approved June 4, 1963, as amended.
(Source: P.A. 86-278; 86-386.)
(225 ILCS 10/2.01b)
Sec. 2.01b. Youth in care. "Youth in care" has the meaning ascribed to that term in Section 4d of the Children and Family Services Act.
(Source: P.A. 100-159, eff. 8-18-17.)
(225 ILCS 10/2.02) (from Ch. 23, par. 2212.02)
Sec. 2.02.
"Department" means the Illinois Department of Children and Family
Services.
(Source: P.A. 76-63.)
(225 ILCS 10/2.03) (from Ch. 23, par. 2212.03)
Sec. 2.03.
"Guardian" means the guardian of the person of a minor.
(Source: P.A. 76-63.)
(225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
Sec. 2.04.
"Related" means any of the following relationships by
blood, marriage, civil union, or adoption: parent, grandparent, great-grandparent, great-uncle,
great-aunt, brother, sister,
stepgrandparent, stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece, fictive kin as defined in Section 7 of the Children and Family Services Act, or
first cousin or second cousin. A person is related to a child as a first cousin or a second cousin if they are both related to the same ancestor as either grandchild or great-grandchild. A child whose parent has executed a consent, a surrender, or a waiver pursuant to Section 10 of the Adoption Act, whose parent has signed a denial of paternity pursuant to Section 12 of the Vital Records Act or Section 12a of the Adoption Act, or whose parent has had his or her parental rights terminated is not a related child to that person, unless (1) the consent is determined to be void or is void pursuant to subsection O of Section 10 of the Adoption Act; or (2) the parent of the child executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of the Adoption Act and a court finds that the consent is void; or (3) the order terminating the parental rights of the parent is vacated by a court of competent jurisdiction.
(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; 99-78, eff. 7-20-15.)
(225 ILCS 10/2.05) (from Ch. 23, par. 2212.05)
Sec. 2.05. "Facility for child care" or "child care facility" means any
person, group of persons, agency, association, organization, corporation, institution, center, or group,
whether
established for gain or otherwise, who or which receives or arranges for care
or placement of one or more children, unrelated to the operator of the
facility, apart from the parents, with or without the transfer of the right of
custody in any facility as defined in this Act, established and maintained for
the care of children. "Child care facility" includes a relative, as defined in Section 2.17 of this Act, who is
licensed as a foster family home under Section 4 of this Act.
(Source: P.A. 98-804, eff. 1-1-15.)
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
Sec. 2.06.
"Child care institution" means a child care facility where more than
7 children are received and maintained for the purpose of providing them
with care or training or both. The term "child care institution"
includes residential schools, primarily serving ambulatory children with disabilities, and those operating a full calendar year, but does not
include:
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
(225 ILCS 10/2.07) (from Ch. 23, par. 2212.07)
Sec. 2.07.
"Maternity center" means a facility in which any person, agency, or
corporation other than one licensed as a foster family home or group home
under this Act, receives, treats or cares for one or more unwed pregnant
girls under 18 years of age, except that the term does not include any
facility licensed under the "Hospital Licensing Act".
(Source: P.A. 76-63.)
(225 ILCS 10/2.08) (from Ch. 23, par. 2212.08)
Sec. 2.08.
"Child welfare agency" means a public or private child care facility,
receiving any child or children for the purpose of placing or arranging for
the placement or free care of the child or children in foster family homes, unlicensed pre-adoptive and adoptive homes, adoption-only homes, or other
facilities for child care, apart from the custody of the child's or
children's parents. The term "child welfare agency" includes all agencies
established and maintained by a municipality or other political subdivision
of the State of Illinois to protect, guard, train or care for children
outside their own homes and all agencies, persons, groups of persons, associations, organizations, corporations, institutions, centers, or groups providing adoption services, but does not include any circuit court or duly
appointed juvenile probation officer or youth counselor of the court who
receives and places children under an order of the court.
(Source: P.A. 99-833, eff. 1-1-17.)
(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:
Programs or portions of programs requesting Child Care Assistance Program (CCAP) funding and otherwise meeting the requirements under item (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 item (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 items (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; 99-699, eff. 7-29-16; 100-201, eff. 8-18-17.)
(225 ILCS 10/2.10) (from Ch. 23, par. 2212.10)
Sec. 2.10.
"Part day child care facility" means a facility for which
written notification has been filed pursuant to subsection (b) of Section
3 of this Act and which is conducted by a church, religious organization or
social service agency in which individual children are provided care, on an
intermittent basis, for up to 10 hours per seven day week. Any facility
which provides intermittent care for up to 10 hours per 7 day week shall
not provide such care for more than 8 hours in any given day during the 7
day week. Any facility which provides intermittent care for up to 10 hours
per 7 day week shall provide at least one caregiver per 20 children. Any
facility which operates for more than 10 hours per 7 day week or charges a
fee for its services shall maintain written records indicating the parent's
name, emergency phone numbers and the number of hours each child is served
in order to verify that the facility is operating within the bounds set by
this definition.
(Source: P.A. 87-724.)
(225 ILCS 10/2.11) (from Ch. 23, par. 2212.11)
Sec. 2.11.
"Day care agency" means any person, group of persons, public
or private agency, association or organization which undertakes to provide
one or more day care homes with
administrative
services including, but not limited to, consultation, technical assistance,
training, supervision, evaluation and provision of or referral to health
and social services under contractual arrangement.
(Source: P.A. 83-126.)
(225 ILCS 10/2.16) (from Ch. 23, par. 2212.16)
Sec. 2.16.
"Group home" means a child care facility which provides care for no more
than 10 children placed by and under the supervision of a licensed child
welfare agency with these homes being owned or rented, staffed, maintained
and otherwise operated by the agency.
(Source: P.A. 79-1016.)
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
Sec. 2.17.
"Foster family home" means a facility for child care in
residences of families who receive no more than 6 children unrelated to them,
unless all the children are of common parentage, or residences of relatives who
receive no more than 6 related children placed by the Department, unless the
children are of common parentage, for the purpose of providing family care and
training for the children on a full-time basis, except the Director of Children
and Family Services, pursuant to Department regulations, may waive the numerical limitation of foster children who may be cared for in a foster family home for any of the following reasons to allow: (1) a parenting youth in foster care to remain with the child of the parenting youth; (2) siblings to remain together; (3) a child with an established meaningful relationship with the family to remain with the family; or (4) a family with special training or skills to provide care to a child who has a severe disability. The family's or relative's own children,
under 18 years of age, shall be included in determining the
maximum number of children served. For purposes of this Section, a "relative"
includes any person, 21 years of age or over, other than the parent, who (i) is
currently related to the child in any of the following ways by blood or
adoption: grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece,
first cousin, great-uncle, or great-aunt; or (ii) is the spouse of such a
relative; or (iii) is a child's step-father, step-mother, or adult step-brother
or step-sister; or (iv) is a fictive kin; "relative" also includes a person related in any of the
foregoing ways to a sibling of a child, even though the person is not related
to the child, when the child and its sibling are placed together with that
person. For purposes of placement of children pursuant to Section 7 of the Children and Family Services Act and for purposes of licensing requirements set forth in Section 4 of this Act, for children under the custody or guardianship of the Department pursuant to the Juvenile Court Act of 1987, after a parent signs a consent, surrender, or waiver or after a parent's rights are otherwise terminated, and while the child remains in the custody or guardianship of the Department, the child is considered to be related to those to whom the child was related under this Section prior to the signing of the consent, surrender, or waiver or the order of termination of parental rights. The term "foster family home" includes homes receiving children from
any State-operated institution for child care; or from any agency established
by a municipality or other political subdivision of the State of Illinois
authorized to provide care for children outside their own homes. The term
"foster family home" does not include an "adoption-only home" as defined in
Section 2.23 of this Act. The types of
foster family homes are defined as follows:
(225 ILCS 10/2.18) (from Ch. 23, par. 2212.18)
Sec. 2.18.
"Day care homes" means family homes which receive
more than 3 up to a maximum of 12 children for less than 24 hours per day.
The number counted includes the family's natural or adopted children and
all other persons under the age of 12. The term does not include facilities
which receive only children from a single household.
(Source: P.A. 87-674.)
(225 ILCS 10/2.20) (from Ch. 23, par. 2212.20)
Sec. 2.20.
"Group day care home" means a family home which receives
more than 3 up to a maximum of 16 children for less than 24 hours per day.
The number counted includes the family's natural or adopted children and
all other persons under the age of 12.
(Source: P.A. 87-675)
(225 ILCS 10/2.21) (from Ch. 23, par. 2212.21)
Sec. 2.21.
"Youth Emergency Shelter" means a child care facility
licensed by the Department to provide overnight shelter, and referral for
other services, to homeless youth under 18 years of age in accordance with
the requirements of this Act and applicable rules of the Department.
(Source: P.A. 86-278; 86-386.)
(225 ILCS 10/2.22)
Sec. 2.22. "Secure child care facility" means any child care facility
licensed by the Department to provide secure living arrangements for children
under 18 years of age who are subject to placement in facilities under the
Children and Family Services Act and who are not subject to placement in
facilities for whom standards are established by the Department of Juvenile Justice
under Section 3-15-2 of the Unified Code of Corrections and which comply with
the requirements of this Act and applicable rules of the Department and which
shall be consistent with requirements established for child residents of mental
health facilities under the Juvenile Court Act of 1987 and the Mental Health
and Developmental Disabilities Code.
"Secure child care facility" also means a
facility that is designed and operated to ensure that all entrances and exists
from the facility, a building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not the child has
the freedom of movement within the perimeter of the facility, building, or
distinct part of the building.
(Source: P.A. 94-696, eff. 6-1-06.)
(225 ILCS 10/2.22a)
Sec. 2.22a. Quality of care concerns applicant. "Quality of care concerns applicant" means an applicant for a foster care license or renewal of a foster care license where the applicant or any person living in the applicant's household:
(225 ILCS 10/2.23)
Sec. 2.23.
"Adoption-only home" means a home that receives a child placed by an Illinois licensed child welfare agency providing adoption services for the sole purpose of adoption. The child shall not be under the custody or guardianship of the Department pursuant to the Juvenile Court Act of 1987. Such adoption-only home shall not be required to be licensed as a child care facility under this Act, but shall be required to meet the requirements set forth in Section 3.2 of this Act.
(Source: P.A. 99-833, eff. 1-1-17.)
(225 ILCS 10/2.24)
Sec. 2.24. "Adoption services" includes any one or more of the following services performed for any type of compensation or thing of value, directly or indirectly: (i) arranging for the placement of or placing out a child, (ii) identifying a child for adoption, (iii) matching adoptive parents with biological parents, (iv) arranging or facilitating an adoption, (v) taking or acknowledging consents or surrenders for termination of parental rights for purposes of adoption, as defined in the Adoption Act, (vi) performing background studies on a child or adoptive parents, (vii) making determinations of the best interests of a child and the appropriateness of adoptive placement for the child, or (viii) post-placement monitoring of a child prior to adoption. "Adoption services" does not include the following: (1) the provision of legal services by a licensed attorney for which the attorney must be licensed as an attorney under Illinois law, (2) adoption-related services performed by public governmental entities or entities or persons performing investigations by court appointment as described in subsection A of Section 6 of the Adoption Act, (3) prospective biological parents or adoptive parents operating on their own behalf,
(4) the provision of general education and training on adoption-related topics, or (5) post-adoption services, including supportive services to families to promote the well-being of members of adoptive families or birth families.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/2.25)
Sec. 2.25. "Unlicensed pre-adoptive and adoptive home" means any home that is not licensed by the Department as a foster family home and that receives a child or children for the purpose of adopting the child or children, but does not include an adoption-only home.
(Source: P.A. 99-833, eff. 1-1-17.)
(225 ILCS 10/2.26)
Sec. 2.26. "Eligible agency" means a licensed child welfare agency that (i) is currently fully accredited by the Council on Accreditation for Children and Family Services (COA) for adoption services and (ii) has had no Department substantiated licensing violations or COA accrediting violations that affect the health, safety, morals, or welfare of children served by that agency for the 4 years immediately preceding a determination of eligibility.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/2.27)
Sec. 2.27. "Deemed compliant" means that an eligible agency is presumed to be in compliance with requirements, provided that the Department has determined that current COA standards are at least substantially equivalent to those requirements. This presumption of compliance may be rebutted by Department substantiated evidence to the contrary. The Department may require periodic certification of COA accreditation from eligible agencies.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/2.28)
Sec. 2.28. Non-licensed service provider. "Non-licensed service provider" means an individual or entity that contracts with the Department to provide child welfare services that enable the Department to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act.
(Source: P.A. 98-570, eff. 8-27-13.)
(225 ILCS 10/2.29)
Sec. 2.29. Volunteer. "Volunteer" means a person who performs a service willingly and without pay.
(Source: P.A. 98-570, eff. 8-27-13.)
(225 ILCS 10/2.30)
Sec. 2.30. Placement disruption. "Placement disruption" means a circumstance where the child is removed from an adoptive placement before the adoption is finalized.
(Source: P.A. 99-49, eff. 7-15-15.)
(225 ILCS 10/2.31)
Sec. 2.31. Secondary placement. "Secondary placement" means a placement, including but not limited to the placement of a youth in care, that occurs after a placement disruption or adoption dissolution. "Secondary placement" does not mean secondary placements arising due to the death of the adoptive parent of the child.
(Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)
(225 ILCS 10/2.32)
Sec. 2.32. Adoption dissolution. "Adoption dissolution" means a circumstance where the child is removed from an adoptive placement after the adoption is finalized.
(Source: P.A. 99-49, eff. 7-15-15.)
(225 ILCS 10/2.33)
Sec. 2.33. Unregulated placement. "Unregulated placement" means the secondary placement of a child that occurs without the oversight of the courts, the Department, or a licensed child welfare agency.
(Source: P.A. 99-49, eff. 7-15-15.)
(225 ILCS 10/2.34)
Sec. 2.34. Post-placement and post-adoption support services. "Post-placement and post-adoption support services" means support services for placed or adopted children and families that include, but are not limited to, counseling for emotional, behavioral, or developmental needs.
(Source: P.A. 99-49, eff. 7-15-15.)
(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 Substance Use Disorder 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. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
(225 ILCS 10/3.1)
Sec. 3.1.
Licenses for secure child care facility.
The Department shall
establish standards for licensing secure child care facilities which comply
with the requirements of this Act, Section 2-27.1 of the Juvenile Court Act of
1987, applicable requirements of the Mental Health and Developmental
Disabilities Code, and applicable rules of the Department. On or before January
1, 1999, the Department shall develop rules that set standards and the degree
of need for licensed secure facilities. Within 90 days after the effective
date
of this amendatory Act of 1998, the Director shall appoint an advisory
committee to assist the Department in the development of these rules.
(Source: P.A. 90-608, eff. 6-30-98.)
(225 ILCS 10/3.2)
Sec. 3.2. Requirements for adoption-only homes. In addition to the other requirements contained in this Act, in order to approve an adoption-only home, a licensed child welfare agency shall:
The licensed child welfare agency may impose any other reasonable requirements that the agency deems appropriate in approving an adoption-only home. The Department shall adopt procedures necessary for the implementation of this Section no later than 30 days after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-833, eff. 1-1-17.)
(225 ILCS 10/3.3)
Sec. 3.3. Requirements for criminal background checks for adoption-only homes. In approving an adoption-only home pursuant to Section 3.2 of this Act, if an adult resident has an arrest or conviction record, the licensed child welfare agency:
(Source: P.A. 99-833, eff. 1-1-17.)
(225 ILCS 10/3.5)
Sec. 3.5. Group homes for adolescents diagnosed with autism.
(a) Subject to appropriation, the Department of Human Services, Developmental Disabilities Division, shall provide for the establishment of 3 children's group homes for adolescents who have been diagnosed with autism and who are at least 15 years of age and not more than 18 years of age. The homes shall be located in 3 separate geographical areas of the State. The homes shall operate 7 days per week and shall be staffed 24 hours per day. The homes shall feature maximum family involvement based on a service and support agreement signed by the adolescent's family and the provider. An eligible service provider: (i) must have a minimum of 5 years experience serving individuals with autism residentially and have successfully supported individuals with challenging behaviors; (ii) must demonstrate that staff have equal experience in this regard; and (iii) must have a full-time Board-Certified Behavior Analyst on staff.
(b) The provider shall ensure that the staff at each home receives appropriate training in matters that include, but need not be limited to, the following: behavior analysis, skill training, and other methodologies of teaching such as discrete trial and picture exchange communication system.
(c) The homes shall provide therapeutic and other support services to the adolescents being served there. The therapeutic curriculum shall be based on the principles of applied behavior analysis.
(d) An agreeable rate shall be established by the Department of Children and Family Services and the Department of Human Services, Developmental Disabilities Division.
(Source: P.A. 98-463, eff. 8-16-13.)
(225 ILCS 10/3.6)
Sec. 3.6. Licenses for host homes. The Department shall develop an appropriate licensing and monitoring system that recognizes the unique population and programming for youth served by the Comprehensive Community-Based Youth Services program. The Department shall maintain licensing staff who are knowledgeable of Comprehensive Community-Based Youth Services program standards, as set forth by the Department of Human Services. The Department of Human Services shall be solely responsible for the development and implementation of a training curriculum for host homes that recognizes the unique population and programming of youth served in Comprehensive Community-Based Youth Services. Host homes licensed by the Department shall not be utilized for a child who is a youth in care as defined in Section 4d of the Children and Family Services Act.
(Source: P.A. 102-688, eff. 7-1-22.)
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or which
receives children or arranges for care or placement of one or more
children unrelated to the operator must apply for a license to operate
one of the types of facilities defined in Sections 2.05 through 2.19 and in
Section 2.22 of
this Act. Any relative, as defined in Section 2.17 of this Act, who receives a child or children for placement by the
Department on a full-time basis may apply for a license to operate a foster
family home as defined in Section 2.17 of this Act.
(a-5) Any agency, person, group of persons, association, organization, corporation, institution, center, or group providing adoption services must be licensed by the Department as a child welfare agency as defined in Section 2.08 of this Act. "Providing adoption services" as used in this Act, includes facilitating or engaging in adoption services.
(b) Application for a license
to operate a child care facility must be made to the Department in the manner
and on forms prescribed by it. An application to operate a foster family home
shall include, at a minimum: a completed written form; written authorization by
the applicant and all adult members of the applicant's household to conduct a
criminal background investigation; medical evidence in the form of a medical
report, on forms prescribed by the Department, that the applicant and all
members of the household are free from communicable diseases or physical and
mental conditions that affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not related to the
applicant who can attest to the applicant's moral character; the name and address of at least one relative who can attest to the applicant's capability to care for the child or children; and fingerprints
submitted by the applicant and all adult members of the applicant's household.
(b-5) Prior to submitting an application for a foster family home license, a quality of care concerns applicant as defined in Section 2.22a of this Act must submit a preliminary application to the Department in the manner and on forms prescribed by it. The Department shall explain to the quality of care concerns applicant the grounds for requiring a preliminary application. The preliminary application shall include a list of (i) all children placed in the home by the Department who were removed by the Department for reasons other than returning to a parent and the circumstances under which they were removed and (ii) all children placed by the Department who were subsequently adopted by or placed in the private guardianship of the quality of care concerns applicant who are currently under 18 and who no longer reside in the home and the reasons why they no longer reside in the home. The preliminary application shall also include, if the quality of care concerns applicant chooses to submit, (1) a response to the quality of care concerns, including any reason the concerns are invalid, have been addressed or ameliorated, or no longer apply and (2) affirmative documentation demonstrating that the quality of care concerns applicant's home does not pose a risk to children and that the family will be able to meet the physical and emotional needs of children. The Department shall verify the information in the preliminary application and review (i) information regarding any prior licensing complaints, (ii) information regarding any prior child abuse or neglect investigations, (iii) information regarding any involuntary foster home holds placed on the home by the Department, and (iv) information regarding all child exit interviews, as provided in Section 5.26 of the Children and Family Services Act, regarding the home. Foster home applicants with quality of care concerns are presumed unsuitable for future licensure.
Notwithstanding the provisions of this subsection (b-5), the Department may make an exception and issue a foster family license to a quality of care concerns applicant if the Department is satisfied that the foster family home does not pose a risk to children and that the foster family will be able to meet the physical and emotional needs of children. In making this determination, the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate and as prescribed by Department rule and procedure. The Department has the authority to deny a preliminary application based on the record of quality of care concerns of the foster family home. In the alternative, the Department may (i) approve the preliminary application, (ii) approve the preliminary application subject to obtaining additional information or assessments, or (iii) approve the preliminary application for purposes of placing a particular child or children only in the foster family home. If the Department approves a preliminary application, the foster family shall submit an application for licensure as described in subsection (b) of this Section. The Department shall notify the quality of care concerns applicant of its decision and the basis for its decision in writing.
(c) The Department shall notify the public when a child care institution,
maternity center, or group home licensed by the Department undergoes a change
in (i) the range of care or services offered at the facility, (ii) the age or
type of children served, or (iii) the area within the facility used by
children. The Department shall notify the public of the change in a newspaper
of general
circulation in the county or municipality in which the applicant's facility is
or is proposed to be located.
(d) If, upon examination of the facility and investigation of persons
responsible
for care of children and, in the case of a foster home, taking into account information obtained for purposes of evaluating a preliminary application, if applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for the type of
facility for which application is made, it shall issue a license in proper
form, designating on that license the type of child care facility and, except
for a child welfare agency, the number of children to be served at any one
time.
(e) The Department shall not issue or renew the license of any child welfare agency providing adoption services, unless the agency (i) is officially recognized by the United States Internal Revenue Service as a tax-exempt organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law) and (ii) is in compliance with all of the standards necessary to maintain its status as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law). The Department shall grant a grace period of 24 months from the effective date of this amendatory Act of the 94th General Assembly for existing child welfare agencies providing adoption services to obtain 501(c)(3) status. The Department shall permit an existing child welfare agency that converts from its current structure in order to be recognized as a 501(c)(3) organization as required by this Section to either retain its current license or transfer its current license to a newly formed entity, if the creation of a new entity is required in order to comply with this Section, provided that the child welfare agency demonstrates that it continues to meet all other licensing requirements and that the principal officers and directors and programs of the converted child welfare agency or newly organized child welfare agency are substantially the same as the original. The Department shall have the sole discretion to grant a one year extension to any agency unable to obtain 501(c)(3) status within the timeframe specified in this subsection (e), provided that such agency has filed an application for 501(c)(3) status with the Internal Revenue Service within the 2-year timeframe specified in this subsection (e).
(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
Sec. 4.1. Criminal Background Investigations. The Department shall
require that each child care facility license applicant as part of the
application process, and each employee and volunteer of a child care facility or non-licensed service provider, as a
condition of employment, authorize an investigation to determine if such
applicant, employee, or volunteer has ever been charged with a crime and if so, the
disposition of those charges; this authorization shall indicate the scope of
the inquiry and the agencies which may be contacted. Upon this
authorization, the Director shall request and receive information and
assistance from any federal, State or local governmental agency as part of
the authorized investigation.
Each applicant, employee, or volunteer of a child care facility or non-licensed service provider shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check.
The Illinois State Police shall provide
information concerning any criminal charges, and their disposition, now or
hereafter filed, against an applicant, employee, or volunteer of a child care facility or non-licensed service provider upon
request of the Department of Children and Family Services when the request
is made in the form and manner required by the Illinois State Police.
Information concerning convictions of a license applicant, employee, or volunteer of a child care facility or non-licensed service provider investigated
under this Section, including the source of the information and any
conclusions or recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or volunteer of a child care facility or non-licensed service provider prior to final action by the
Department on the application.
State
conviction information provided by the Illinois State Police regarding
employees,
prospective employees, or volunteers of non-licensed service providers and child care facilities licensed under this Act
shall be provided to the operator of such facility, and, upon request, to
the employee, prospective employee, or volunteer of a child care facility or non-licensed service provider. Any information concerning criminal
charges and the disposition of such charges obtained by the Department
shall be confidential and may not be transmitted outside the Department,
except as required herein, and may not be transmitted to anyone within the
Department except as needed for the purpose of evaluating an application or an
employee or volunteer of a child care facility or non-licensed service provider. Only information and standards which bear a
reasonable and rational relation to the performance of a child care
facility shall be used by the Department or any licensee. Any employee of
the Department of Children and Family Services, Illinois State Police,
or a child care facility receiving confidential information under this
Section who gives or causes to be given any confidential information
concerning any criminal convictions of an applicant, employee, or volunteer of a child care facility or non-licensed service provider, shall be guilty of a Class A misdemeanor
unless release of such information is authorized by this Section.
A child care facility may hire, on a probationary basis, any employee or volunteer of a child care facility or non-licensed service provider
authorizing a criminal background investigation under this Section, pending
the result of such investigation. Employees and volunteers of a child care facility or non-licensed service provider shall be notified prior to
hiring that such employment may be terminated on the basis of criminal
background information obtained by the facility.
(Source: P.A. 102-538, eff. 8-20-21.)
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
Sec. 4.2. (a) No applicant may receive a license from the Department and
no person may be employed by a licensed child care facility who refuses to
authorize an investigation as required by Section 4.1.
(b) In addition to the other provisions of this Section, no applicant
may
receive a license from the Department and no person
may be employed by a child care facility licensed by the Department who has
been declared a sexually dangerous person under "An Act in relation to
sexually dangerous persons, and providing for their commitment, detention
and supervision", approved July 6, 1938, as amended, or convicted of
committing or attempting to commit any of the following offenses stipulated
under the Criminal Code of 1961 or the Criminal Code of 2012:
(b-1) In addition to the other provisions of this Section, beginning
January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a license from
the
Department to operate, no person may be employed by, and no adult person may
reside in a child care facility licensed by the Department who has been
convicted of committing or attempting to commit any of the following offenses
or an offense in any other jurisdiction the elements of which are similar and
bear a substantial relationship to any of the following offenses:
(b-1.5) In addition to any other provision of this Section, for applicants with access to confidential financial information or who submit documentation to support billing, the Department may, in its discretion, deny or refuse to renew a license to an applicant who has been convicted of committing or attempting to commit any of the following felony offenses:
(b-2) Notwithstanding subsection (b-1), the Department may make an exception and, for child care facilities other than foster family homes,
issue a new child care facility license to or renew the
existing child care facility license of an applicant, a person employed by a
child care facility, or an applicant who has an adult residing in a home child
care facility who was convicted of an offense described in subsection (b-1),
provided that all of the following requirements are met:
(c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate a foster family
home, and no adult person may reside in a foster family home licensed by the
Department, who has been convicted of committing or attempting to commit any of
the following offenses stipulated under the Criminal Code of 1961, the Criminal Code of 2012, the Cannabis
Control Act, the Methamphetamine Control and Community Protection Act, and the Illinois Controlled Substances Act:
(A) KIDNAPPING AND RELATED OFFENSES
(B) BODILY HARM
(d) Notwithstanding subsection (c), the Department may make an exception and issue a new foster
family home license or may renew an existing
foster family home license of an applicant who was convicted of an offense
described in subsection (c), provided all of the following requirements are
met:
(e) In evaluating the exception pursuant to subsections (b-2) and (d), the Department must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to State resources or clients. In making such a determination, the following guidelines shall be used:
(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. 91-557, eff. 1-1-00.)
(225 ILCS 10/4.4) (from Ch. 23, par. 2214.4)
Sec. 4.4.
For the purposes of background investigations authorized in
this Act, "license applicant" means the operator or person with direct
responsibility for daily operation of the facility to be licensed. In the
case of facilities to be operated in a family home, the Department may, by
rule, require that other adult residents of that home also authorize such
investigations.
(Source: P.A. 84-158.)
(225 ILCS 10/4.5)
Sec. 4.5.
Children with disabilities; training.
(a) An owner or operator of a licensed day care home or group day care home
or the onsite executive director of a licensed day care center must
successfully complete a basic training course in providing care to children
with disabilities. The basic training course will also be made available on a
voluntary basis to those providers who are exempt from the licensure
requirements of this Act.
(b) The Department of Children and Family Services shall promulgate rules
establishing the requirements for basic training in providing care to children
with disabilities.
(Source: P.A. 92-164, eff. 1-1-02.)
(225 ILCS 10/4.6)
Sec. 4.6. Vaccination requirements for employees. No person may be employed by a child care facility that cares for children ages 6 and under unless that person shows proof of having received: (i) one dose of the Tdap (tetanus, diphtheria, and pertussis) vaccine; and (ii) 2 doses of the measles, mumps, and rubella (MMR) vaccine or shows proof of immunity to MMR.
(Source: P.A. 99-267, eff. 1-1-16.)
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5.
(a) In respect to child care institutions, maternity
centers, child welfare agencies, day care centers, day care agencies
and group homes, the Department, upon receiving application filed in
proper order, shall examine the facilities and persons responsible for
care of children therein.
(b) In respect to foster family and day care homes, applications
may be filed on behalf of such homes by a licensed child welfare agency,
by a State agency authorized to place children in foster care or by
out-of-State agencies approved by the Department to place children in
this State. In respect to day care homes, applications may be filed on
behalf of such homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the applicant
agency, such agency shall certify that the home and persons responsible
for care of unrelated children therein, or the home and relatives, as defined in Section 2.17 of this Act, responsible
for the care of related children therein, were found to be in reasonable
compliance with standards prescribed by the Department for the type of
care indicated.
(c) The Department shall not allow any person to examine facilities
under a provision of this Act who has not passed an examination
demonstrating that such person is familiar with this Act and with the
appropriate standards and regulations of the Department.
(d) With the exception of day care centers, day care homes, and group day
care homes, licenses shall be issued in such form and manner as prescribed
by the Department and are valid for 4 years from the date issued,
unless
revoked by the Department or voluntarily surrendered by the licensee.
Licenses issued for day care centers, day care homes, and group day care
homes
shall be valid for 3 years from the date issued, unless revoked by the
Department or voluntarily surrendered by the licensee. When
a licensee has made timely and sufficient application for the renewal of
a license or a new license with reference to any activity of a continuing
nature, the existing license shall continue in full force and effect for
up to 30 days until the final agency decision on the application has been
made. The Department may further extend the period in which such decision
must be made in individual cases for up to 30 days, but such extensions
shall be only upon good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility reasonable
time to become eligible for a full license. If the facility for child care
is a foster family home, or day care home the Department may issue one
2-month permit only.
(f) The Department may issue an emergency permit to a child care
facility taking in children as a result of the temporary closure for
more than 2 weeks of a licensed child care facility due to a
natural disaster. An emergency permit under this subsection shall be
issued to a facility only if the persons providing child care services at
the facility were employees of the temporarily closed day care center at the
time it was closed. No investigation of an employee of a child care facility
receiving an emergency permit under this subsection shall be required if that
employee has previously been investigated at another child care facility. No
emergency permit issued under this subsection shall be valid for more than 90
days after the date of issuance.
(g) During the hours of operation of any licensed child care
facility, authorized representatives of the Department may without
notice visit the facility for the purpose of determining its continuing
compliance with this Act or regulations adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care homes shall be
monitored at least annually by a licensing representative from the Department
or the agency that recommended licensure.
(Source: P.A. 98-804, eff. 1-1-15.)
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
(Text of Section before amendment by P.A. 102-982)
Sec. 5.1. (a) The Department shall ensure that no day care center, group
home or child care institution as defined in this Act shall on a regular
basis transport a child or children with any motor vehicle unless such
vehicle is operated by a person who complies with the following requirements:
However, such day care centers, group homes and child care institutions
may provide for transportation of a child or children for special outings,
functions or purposes that are not scheduled on a regular basis without
verification that drivers for such purposes meet the requirements of this
Section.
(a-5) As a means of ensuring compliance with the requirements set forth in subsection (a), the Department shall implement appropriate measures to verify that every individual who is employed at a group home or child care institution meets those requirements.
For every individual employed at a group home or child care institution who regularly transports children in the course of performing his or her duties, the Department must make the verification every 2 years. Upon the Department's request, the Secretary of State shall provide the Department with the information necessary to enable the Department to make the verifications required under subsection (a).
In the case of an individual employed at a group home or child care institution who becomes subject to subsection (a) for the first time after the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State before the individual operates a motor vehicle to transport a child or children under the circumstances described in subsection (a).
In the case of an individual employed at a group home or child care institution who is subject to subsection (a) on the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State within 30 days after that effective date.
If the Department discovers that an individual fails to meet the requirements set forth in subsection (a), the Department shall promptly notify the appropriate group home or child care institution.
(b) Any individual who holds a valid Illinois school bus driver permit
issued by the Secretary of State
pursuant to The Illinois
Vehicle Code, and who is currently employed by a school district or parochial
school, or by a contractor with a school district or parochial school, to
drive a school bus transporting children to and from school,
shall be deemed in compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act, revoke the
license of any day care center, group home or child care institution that
fails to meet the requirements of this Section.
(d) A group home or child care institution that
fails to meet the requirements of this Section is guilty of a petty offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requirements of this Section is a separate offense.
(Source: P.A. 94-943, eff. 1-1-07.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5.1. (a) The Department shall ensure that no day care center, group
home or child care institution as defined in this Act shall on a regular
basis transport a child or children with any motor vehicle unless such
vehicle is operated by a person who complies with the following requirements:
However, such day care centers, group homes and child care institutions
may provide for transportation of a child or children for special outings,
functions or purposes that are not scheduled on a regular basis without
verification that drivers for such purposes meet the requirements of this
Section.
(a-5) As a means of ensuring compliance with the requirements set forth in subsection (a), the Department shall implement appropriate measures to verify that every individual who is employed at a group home or child care institution meets those requirements.
For every individual employed at a group home or child care institution who regularly transports children in the course of performing his or her duties, the Department must make the verification every 2 years. Upon the Department's request, the Secretary of State shall provide the Department with the information necessary to enable the Department to make the verifications required under subsection (a).
In the case of an individual employed at a group home or child care institution who becomes subject to subsection (a) for the first time after the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State before the individual operates a motor vehicle to transport a child or children under the circumstances described in subsection (a).
In the case of an individual employed at a group home or child care institution who is subject to subsection (a) on the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State within 30 days after that effective date.
If the Department discovers that an individual fails to meet the requirements set forth in subsection (a), the Department shall promptly notify the appropriate group home or child care institution.
(b) Any individual who holds a valid Illinois school bus driver permit
issued by the Secretary of State
pursuant to The Illinois
Vehicle Code, and who is currently employed by a school district or parochial
school, or by a contractor with a school district or parochial school, to
drive a school bus transporting children to and from school,
shall be deemed in compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act, revoke the
license of any day care center, group home or child care institution that
fails to meet the requirements of this Section.
(d) A group home or child care institution that
fails to meet the requirements of this Section is guilty of a petty offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requirements of this Section is a separate offense.
(Source: P.A. 102-982, eff. 7-1-23.)
(225 ILCS 10/5.2)
Sec. 5.2. Unsafe children's products.
(a) A child care facility may not use or have on the premises, on or after
July 1, 2000, an unsafe children's product as described in Section 15 of the
Children's Product Safety Act. This subsection (a) does not apply to an
antique or collectible children's product if it is not used by, or accessible
to, any child in the child care facility.
(b) The Department of Children and Family Services shall notify child
care facilities, on an ongoing basis, including during the license application facility examination and during annual license monitoring visits, of the provisions of this Section and the
Children's Product Safety Act and of the comprehensive list of unsafe children's products as provided and maintained by the Department of Public Health available on the Internet, as determined
in accordance with that Act, in plain, non-technical language that will enable
each child care facility to effectively inspect children's products and
identify unsafe children's products. The Department of Children and Family Services shall adopt rules to maintain data on child care facilities without Internet access and shall ensure the child care facilities without Internet access register for available mailing lists of pertinent recalls distributed in paper form. Child care facilities must maintain all written information provided pursuant to this subsection in a file accessible to both facility staff and parents of children attending the facility. Child care facilities must post in prominent locations regularly visited by parents written notification of the existence of the comprehensive list of unsafe children's products available on the Internet. The Department of Children and Family
Services shall adopt rules to carry out this Section.
(Source: P.A. 98-82, eff. 7-15-13.)
(225 ILCS 10/5.3)
Sec. 5.3.
Lunches in day care homes.
In order to increase the
affordability and availability of day care, a day care home licensed under this
Act may allow any
child it receives to bring his or her lunch for consumption instead of or in
addition to the lunch provided by the day care home.
(Source: P.A. 90-242, eff. 1-1-98.)
(225 ILCS 10/5.5)
Sec. 5.5. Smoking in day care facilities.
(a) The General Assembly finds and declares that:
(b) It is a violation of this Act for any
person to smoke tobacco in any
area of a day care center.
(c) It is a violation of this Act for any person
to smoke tobacco in any area of a day care home or group day care home.
(d) It is a violation of this Act for any person responsible for the
operation of a day care center, day care home, or group day care home to
knowingly allow or encourage any violation of subsection (b) or (c) of this
Section.
(Source: P.A. 99-343, eff. 8-11-15.)
(225 ILCS 10/5.6)
Sec. 5.6. Pesticide and lawn care product application at day care centers.
(a) Licensed day care centers shall abide by the requirements of Sections
10.2
and
10.3 of the Structural Pest Control Act.
(b) Notification required pursuant to Section 10.3 of the Structural Pest
Control
Act may not be given more than 30 days before the application of the pesticide.
(c) Each licensed day care center, subject to the requirements of Section
10.3 of the Structural Pest Control Act, must ensure that pesticides will
not
be
applied when children are present at the center. Toys and other items mouthed
or
handled by the children must be removed from the area before pesticides are
applied.
Children must not return to the treated area within 2 hours after a pesticide
application or
as specified on the pesticide label, whichever time is greater.
(d) The owners and operators of licensed day care centers must ensure that lawn care products will not be applied to day care center grounds when children are present at the center or on its grounds. For the purpose of this Section, "lawn care product" has the same meaning as that term is defined in the Lawn Care Products Application and Notice Act.
(Source: P.A. 96-424, eff. 8-13-09.)
(225 ILCS 10/5.7)
Sec. 5.7. Fire inspections; authority.
(a) Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based Services: First Steps Toward a More Efficient System for Providers, State Government, and the Community" was provided for members of the General Assembly. The report, which was developed by a steering committee of community providers, trade associations, and designated representatives from the Departments of Children and Family Services, Healthcare and Family Services, Human Services, and Public Health, issued a series of recommendations, including recommended changes to Administrative Rules and Illinois statutes, on the categories of deemed status for accreditation, fiscal audits, centralized repository of information, Medicaid, technology, contracting, and streamlined monitoring procedures. It is the intent of the 97th General Assembly to pursue implementation of those recommendations that have been determined to require Acts of the General Assembly.
(b) For child care facilities licensed under this Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. The Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Code enforcement inspection of the facility by the local authority shall only occur if the local authority having jurisdiction enforces code requirements that are more stringent than those enforced by the State Fire Marshal. Nothing in this Section shall prohibit a local fire authority from conducting fire incident planning activities.
(Source: P.A. 97-321, eff. 8-12-11.)
(225 ILCS 10/5.8)
Sec. 5.8. Radon testing of licensed day care centers, licensed day care homes, and licensed group day care homes.
(a) Effective January 1, 2013, licensed day care centers, licensed day care homes, and licensed group day care homes shall have the facility tested for radon at least once every 3 years pursuant to rules established by the Illinois Emergency Management Agency.
(b) Effective January 1, 2014, as part of an initial application or application for renewal of a license for day care centers, day care homes, and group day care homes, the Department shall require proof the facility has been tested within the last 3 years for radon pursuant to rules established by the Illinois Emergency Management Agency.
(c) The report of the most current radon measurement shall be posted in the facility next to the license issued by the Department. Copies of the report shall be provided to parents or guardians upon request.
(d) Included with the report referenced in subsection (c) shall be the following statement:
(Source: P.A. 97-981, eff. 1-1-13.)
(225 ILCS 10/5.9)
Sec. 5.9. Lead testing of water in licensed day care centers, day care homes and group day care homes.
(a) On or before January 1, 2018, the Department, in consultation with the Department of Public Health, shall adopt rules that prescribe the procedures and standards to be used by the Department in assessing levels of lead in water in licensed day care centers, day care homes, and group day care homes constructed on or before January 1, 2000 that serve children under the age of 6. Such rules shall, at a minimum, include provisions regarding testing parameters, the notification of sampling results, training requirements for lead exposure and mitigation.
(b) After adoption of the rules required by subsection (a), and as part of an initial application or application for renewal of a license for day care centers, day care homes, and group day care homes, the Department shall require proof that the applicant has complied with all such rules.
(Source: P.A. 99-922, eff. 1-17-17.)
(225 ILCS 10/5.10)
Sec. 5.10. Child care limitation on expulsions. Consistent with the purposes of this amendatory Act of the 100th General Assembly and the requirements therein under paragraph (7) of subsection (a) of Section 2-3.71 of the School Code, the Department, in consultation with the Governor's Office of Early Childhood Development and the State Board of Education, shall adopt rules prohibiting the use of expulsion due to a child's persistent and serious challenging behaviors in licensed day care centers, day care homes, and group day care homes. The rulemaking shall address, at a minimum, requirements for licensees to establish intervention and transition policies, notify parents of policies, document intervention steps, and collect and report data on children transitioning out of the program.
(Source: P.A. 100-105, eff. 1-1-18.)
(225 ILCS 10/5.11)
Sec. 5.11. Plan for anaphylactic shock. The Department shall require each licensed day care center, day care home, and group day care home to have a plan for anaphylactic shock to be followed for the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The plan should be based on the guidance and recommendations provided by the American Academy of Pediatrics relating to the management of food allergies or other allergies. The plan should be shared with parents or guardians upon enrollment at each licensed day care center, day care home, and group day care home. If a child requires specific specialized treatment during an episode of anaphylaxis, that child's treatment plan should be kept by the staff of the day care center, day care home, or group day care home and followed in the event of an emergency. Each licensed day care center, day care home, and group day care home shall have at least one staff member present at all times who has taken a training course in recognizing and responding to anaphylaxis.
(Source: P.A. 102-413, eff. 8-20-21.)
(225 ILCS 10/6) (from Ch. 23, par. 2216)
Sec. 6.
(a) A licensed facility operating as a "child care institution",
"maternity center", "child welfare agency", "day care agency" or "day care
center" must apply for renewal of its license held, the application to be
made to the Department on forms prescribed by it.
(b) The Department, a duly licensed child welfare agency or a suitable
agency or person designated by the Department as its agent to do so, must
re-examine every child care facility for renewal of license, including in
that process the examination of the premises and records of the facility as
the Department considers necessary to determine that minimum standards for
licensing continue to be met, and random surveys of parents or legal
guardians who are consumers of such facilities' services to assess the
quality of care at such facilities. In the case of foster family homes,
or day care homes under the supervision of or otherwise required to
be licensed by the Department, or under supervision of a licensed child
welfare agency or day care agency, the examination shall be made by the
Department, or agency supervising such homes. If the Department is
satisfied that the facility continues to maintain minimum standards which it
prescribes and publishes, it shall renew the license to operate the facility.
(b-5) In the case of a quality of care concerns applicant as defined in Section 2.22a of this Act, in addition to the examination required in subsection (b) of this Section, the Department shall not renew the license of a quality of care concerns applicant unless the Department is satisfied that the foster family home does not pose a risk to children and that the foster family home will be able to meet the physical and emotional needs of children. In making this determination, the Department must obtain and carefully review all relevant documents and shall obtain consultation from its Clinical Division as appropriate and as prescribed by Department rule and procedure. The Department has the authority to deny an application for renewal based on a record of quality of care concerns. In the alternative, the Department may (i) approve the application for renewal subject to obtaining additional information or assessments, (ii) approve the application for renewal for purposes of placing or maintaining only a particular child or children only in the foster home, or (iii) approve the application for renewal. The Department shall notify the quality of care concerns applicant of its decision and the basis for its decision in writing.
(c) If a child care facility's license, other than a license for a foster family home, is revoked, or if the
Department refuses to renew a facility's license, the facility may not
reapply for a license before the expiration of 12 months following the
Department's action; provided, however, that the denial of a reapplication
for a license pursuant to this subsection must be supported by evidence
that the prior revocation renders the applicant unqualified or incapable of
satisfying the standards and rules promulgated by the Department pursuant
to this Act or maintaining a facility which adheres to such standards and
rules.
(d) If a foster family home license (i) is revoked, (ii) is surrendered for cause, or (iii) expires or is surrendered with either certain types of involuntary placement holds in place or while a licensing or child abuse or neglect investigation is pending, or if the Department refuses to renew a foster home license, the foster home may not reapply for a license before the expiration of 5 years following the Department's action or following the expiration or surrender of the license.
(Source: P.A. 99-779, eff. 1-1-17.)
(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:
By July 1, 2022, all licensed day care home providers, licensed group day care home providers, and licensed day care center directors and classroom staff shall participate in at least one training that includes the topics of early childhood social emotional learning, infant and early childhood mental health, early childhood trauma, or adverse childhood experiences. Current licensed providers, directors, and classroom staff shall complete training by July 1, 2022 and shall participate in training that includes the above topics at least once every 3 years.
(b) If, in a facility for general child care, there are children
diagnosed as mentally ill or children diagnosed as having an intellectual or physical disability, 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 and if the Department determines that the foster family home can provide a safe, appropriate environment and meet the physical and emotional needs of children.
(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 immunization against vaccine preventable diseases, including influenza and pertussis. 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.
(j) Any standard adopted by the Department that requires an applicant for a license to operate a day care home to include a copy of a high school diploma or equivalent certificate with his or her application shall be deemed to be satisfied if the applicant includes a copy of a high school diploma or equivalent certificate or a copy of a degree from an accredited institution of higher education or vocational institution or equivalent certificate.
(Source: P.A. 102-4, eff. 4-27-21.)
(225 ILCS 10/7.1) (from Ch. 23, par. 2217.1)
Sec. 7.1.
(a) (1) A facility described in Section 2.09, 2.10, or 2.18
shall retain on file a list provided by the legal guardian of each child
under its care, designating persons to whom it may release custody of such
child, including:
(A) a primary list containing the names of persons to whom the facility
can expect to usually release custody of the child, and
(B) a contingency list containing the names of persons to whom the facility
can expect to occasionally release custody of the child, and
setting forth the manner in which such child may leave the facility in
the custody of any such person.
(2) No such facility shall release custody of any child under its care
in any manner not authorized by the child's guardian, or to any person who
is not known to the operators of the facility as, or cannot present sufficient
identification proving himself to be, an individual listed by the child's
guardian as one to whom custody of the child may be released.
(b) Each such facility shall keep a daily departure record for each child
under its care who leaves the facility with a person included on the
contingency list, and record thereon the times the child leaves the facility, the manner
of departure and the persons with whom such child leaves.
(Source: P.A. 84-1358.)
(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)
Sec. 7.2.
Employer discrimination.
(a) For purposes of this Section,
"employer" means a licensee or holder of a permit subject to this Act.
"Employee" means an employee of such an employer.
(b) No employer shall discharge, demote or suspend, or threaten to
discharge, demote or suspend, or in any manner discriminate against any
employee who:
(1) Makes any good faith oral or written complaint of any employer's
violation of any licensing or other laws (including but not limited to laws
concerning child abuse or the transportation of children) which may result
in closure of the facility pursuant to Section 11.2 of this Act to the
Department or other agency having statutory responsibility for the
enforcement of such laws or to the employer or representative of the employer;
(2) Institutes or causes to be instituted against any employer any
proceeding concerning the violation of any licensing or other laws,
including a proceeding to revoke or to refuse to renew a license under
Section 9 of this Act;
(3) Is or will be a witness or testify in any proceeding concerning the
violation of any licensing or other laws, including a proceeding to revoke
or to refuse to renew a license under Section 9 of this Act; or
(4) Refuses to perform work in violation of a licensing or other law or
regulation after notifying the employer of the violation.
(c)(1) A claim by an employee alleging an employer's violation of
subsection (b) of this Section shall be presented to the employer within 30
days after the date of the action complained of and shall be filed with the
Department of Labor within 60 days after the date of the action complained of.
(2) Upon receipt of the complaint, the Department of Labor shall
conduct whatever investigation it deems appropriate, and may hold a
hearing. After investigation or hearing, the Department of Labor
shall determine whether the employer has violated subsection (b) of this
Section and it shall notify the employer and the employee of
its determination.
(3) If the Department of Labor determines that the employer has
violated subsection (b) of this Section, and the employer refuses to take
remedial action to comply with the determination, the Department of Labor
shall so notify the Attorney General, who shall bring an
action against the employer in the circuit court seeking enforcement of its
determination. The court may order any appropriate relief, including
rehiring and reinstatement of the employee to his or her former position
with backpay and other benefits.
(d) Except for any grievance procedure, arbitration or hearing which is
available to the employee pursuant to a collective bargaining agreement,
this Section shall be the exclusive remedy for an employee complaining of
any action described in subsection (b).
(e) Any employer who wilfully refuses to rehire, promote or otherwise
restore an employee or former employee who has been determined eligible for
rehiring or promotion as a result of any grievance procedure, arbitration
or hearing authorized by law shall be guilty of a Class A misdemeanor.
(Source: P.A. 85-987.)
(225 ILCS 10/7.3)
Sec. 7.3. Children placed by private child welfare agency.
(a) Before placing a child who is a youth in care in a foster
family
home, a private child welfare agency must ascertain (i) whether any other
children who
are youth in care have been placed in that home and (ii) whether
every such
child who has been placed in that home continues to reside in that home, unless
the child
has been transferred to another placement or is no longer a youth in care. The
agency must keep a record of every other child welfare agency that has placed
such a
child in that foster family home; the record must include the name and
telephone number
of a contact person at e