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| Public Act 099-0699 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Child Care Act of 1969 is amended by | ||||
changing Sections 2.09 and 3 as follows:
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(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
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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
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(a)
programs operated by (i) public or private elementary | ||||
school systems or
secondary level school units or institutions | ||||
of higher learning that
serve children who shall have attained | ||||
the age of 3 years or (ii) private
entities on the grounds of | ||||
public or private elementary or
secondary schools and that | ||||
serve children who have attained the age of 3
years, except | ||||
that this exception applies only to the facility and not to the
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private entities' personnel operating the program;
(b)
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programs
or that portion of the program which serves children | ||||
who shall have attained
the age of 3 years and which are | ||||
recognized by the State Board of Education;
(c) educational | ||||
program or programs serving children who shall have attained
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the age of 3 years and which are operated by a school which is | ||
registered
with the State Board of Education and which is | ||
recognized or accredited
by a recognized national or multistate
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educational organization or association which regularly | ||
recognizes or accredits
schools; (d) programs which | ||
exclusively serve or that portion of the
program which serves | ||
children with disabilities who shall have attained the age
of 3 | ||
years but are less than 21 years of age and which are | ||
registered and
approved as meeting standards of the State Board | ||
of Education and
applicable fire marshal standards; (e) | ||
facilities operated in connection
with a shopping center or | ||
service, religious services, or other similar
facility, where | ||
transient children are cared for temporarily while parents
or | ||
custodians of the children are occupied on the premises and | ||
readily
available; (f) any type of day care center that is
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conducted on federal government premises; (g) special | ||
activities
programs, including athletics, crafts instruction | ||
and similar activities
conducted on an organized and periodic | ||
basis by civic, charitable and
governmental organizations; (h) | ||
part day child care facilities, as
defined in Section 2.10 of | ||
this Act; or (i) programs or that portion of
the program which | ||
(1) serves children who shall have attained the age of
3 years, | ||
(2) is operated by churches or religious institutions as | ||
described
in Section 501 (c) (3) of the federal Internal | ||
Revenue Code, (3) receives
no governmental aid, (4) is operated | ||
as a component of a religious, nonprofit
elementary school, (5) | ||
operates primarily to provide religious education,
and (6) | ||
meets appropriate State or local health and fire safety | ||
standards; or (j) programs or portions of programs that: (1) | ||
serve only school-age children and youth (defined as full-time | ||
kindergarten children, as defined in 89 Ill. Adm. Code 407.45, | ||
or older), (2) are organized to promote childhood learning, | ||
child and youth development, educational or recreational | ||
activities, or character-building, (3) operate primarily | ||
during out-of-school time or at times when school is not | ||
normally in session, (4) comply with the standards of the | ||
Illinois Department of Public Health (77 Ill. Adm. Code 750) or | ||
the local health department, the Illinois State Fire Marshal | ||
(41 Ill. Adm. Code 100), and the following additional health | ||
and safety requirements: procedures for employee and volunteer | ||
emergency preparedness and practice drills; procedures to | ||
ensure that first aid kits are maintained and ready to use; the | ||
placement of a minimum level of liability insurance as | ||
determined by the Department; procedures for the availability | ||
of a working telephone that is onsite and accessible at all | ||
times; procedures to ensure that emergency phone numbers are | ||
posted onsite; and a restriction on handgun or weapon | ||
possession onsite, except if possessed by a peace officer, (5) | ||
perform and maintain authorization and results of criminal | ||
history checks through the Illinois State Police and FBI and | ||
checks of the Illinois Sex Offender Registry, the National Sex | ||
Offender Registry, and Child Abuse and Neglect Tracking System | ||
for employees and volunteers who work directly with children, | ||
(6) make hiring decisions in accordance with the prohibitions | ||
against barrier crimes as specified in Section 4.2 of this Act | ||
or in Section 21B-80 of the School Code, (7) provide parents | ||
with written disclosure that the operations of the program are | ||
not regulated by licensing requirements, and (8) obtain and | ||
maintain records showing the first and last name and date of | ||
birth of the child, name, address, and telephone number of each | ||
parent, emergency contact information, and written | ||
authorization for medical care. | ||
Programs or portions of programs requesting Child Care | ||
Assistance Program (CCAP) funding and otherwise meeting the | ||
requirements under (j) shall request exemption from the | ||
Department and be determined exempt prior to receiving funding | ||
and must annually meet the eligibility requirements and be | ||
appropriate for payment under the CCAP. | ||
Programs or portions of programs under (j) that do not | ||
receive State or federal funds must comply with staff | ||
qualification and training standards established by rule by the | ||
Department of Human Services. The Department of Human Services | ||
shall set such standards after review of Afterschool for | ||
Children and Teens Now (ACT Now) evidence-based quality | ||
standards developed for school-age out-of-school time | ||
programs, feedback from the school-age out-of-school time | ||
program professionals, and review of out-of-school time | ||
professional development frameworks and quality tools. | ||
Out-of-school time programs for school-age youth that | ||
receive State or federal funds must comply with only those | ||
staff qualifications and training standards set for the program | ||
by the State or federal entity issuing the funds.
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For purposes of (a), (b), (c), (d) and (i) of this Section,
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"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.
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(Source: P.A. 99-143, eff. 7-27-15.)
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(225 ILCS 10/3) (from Ch. 23, par. 2213)
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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
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Corrections and with the exception of facilities defined in | ||
Section 2.10
of this Act, and with the exception of programs or | ||
facilities licensed by
the Department of Human Services under | ||
the Alcoholism
and Other Drug Abuse and Dependency Act.
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(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.
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(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.
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(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.
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(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||