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| | HB4412 Enrolled | | LRB103 36073 SPS 66161 b |
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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Child Care Act of 1969 is amended by |
5 | | changing Section 4.1 as follows: |
6 | | (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1) |
7 | | Sec. 4.1. Criminal background investigations. |
8 | | (a) In this Section, "third-party vendor" means a |
9 | | third-party fingerprinting vendor who is licensed by the |
10 | | Department of Financial and Professional Regulation and |
11 | | regulated by 68 Ill. Adm. Code 1240.600. |
12 | | (b) The Department shall require that each child care |
13 | | facility license applicant as part of the application process, |
14 | | and each employee and volunteer of a child care facility or |
15 | | non-licensed service provider, as a condition of employment, |
16 | | authorize an investigation to determine if such applicant, |
17 | | employee, or volunteer has ever been charged with a crime and |
18 | | if so, the disposition of those charges; this authorization |
19 | | shall indicate the scope of the inquiry and the agencies which |
20 | | may be contacted. A child care facility, non-licensed service |
21 | | provider, day care center, group day care home, or day care |
22 | | home may authorize the Department or a third-party vendor to |
23 | | collect fingerprints for the investigation. If a third-party |
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| | HB4412 Enrolled | - 2 - | LRB103 36073 SPS 66161 b |
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1 | | vendor is used for fingerprinting, then the child care |
2 | | facility, non-licensed service provider, day care center, |
3 | | group day care home, or day care home shall pay the third-party |
4 | | vendor for that service directly. If a child care facility, |
5 | | non-licensed service provider, day care center, group day care |
6 | | home, or day care home authorizes the Department or a |
7 | | third-party vendor to collect fingerprints for the |
8 | | investigation, Upon this authorization, the Director shall |
9 | | request and receive information and assistance from any |
10 | | federal, State , or local governmental agency as part of the |
11 | | authorized investigation. Each applicant, employee, or |
12 | | volunteer of a child care facility or non-licensed service |
13 | | provider shall submit the applicant's, employee's, or |
14 | | volunteer's fingerprints to the Illinois State Police in the |
15 | | form and manner prescribed by the Illinois State Police. These |
16 | | fingerprints shall be checked against the fingerprint records |
17 | | now and hereafter filed in the Illinois State Police and |
18 | | Federal Bureau of Investigation criminal history records |
19 | | databases. The Illinois State Police shall charge a fee for |
20 | | conducting the criminal history records check, which shall be |
21 | | deposited in the State Police Services Fund and shall not |
22 | | exceed the actual cost of the records check. The Illinois |
23 | | State Police shall provide information concerning any criminal |
24 | | charges, and their disposition, now or hereafter filed, |
25 | | against an applicant, employee, or volunteer of a child care |
26 | | facility or non-licensed service provider upon request of the |
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| | HB4412 Enrolled | - 3 - | LRB103 36073 SPS 66161 b |
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1 | | Department of Children and Family Services when the request is |
2 | | made in the form and manner required by the Illinois State |
3 | | Police. |
4 | | Information concerning convictions of a license applicant, |
5 | | employee, or volunteer of a child care facility or |
6 | | non-licensed service provider investigated under this Section, |
7 | | including the source of the information and any conclusions or |
8 | | recommendations derived from the information, shall be |
9 | | provided, upon request, to such applicant, employee, or |
10 | | volunteer of a child care facility or non-licensed service |
11 | | provider prior to final action by the Department on the |
12 | | application. State conviction information provided by the |
13 | | Illinois State Police regarding employees, prospective |
14 | | employees, or volunteers of non-licensed service providers and |
15 | | child care facilities licensed under this Act shall be |
16 | | provided to the operator of such facility, and, upon request, |
17 | | to the employee, prospective employee, or volunteer of a child |
18 | | care facility or non-licensed service provider. Any |
19 | | information concerning criminal charges and the disposition of |
20 | | such charges obtained by the Department shall be confidential |
21 | | and may not be transmitted outside the Department, except as |
22 | | required herein, and may not be transmitted to anyone within |
23 | | the Department except as needed for the purpose of evaluating |
24 | | an application or an employee or volunteer of a child care |
25 | | facility or non-licensed service provider. Only information |
26 | | and standards which bear a reasonable and rational relation to |
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| | HB4412 Enrolled | - 4 - | LRB103 36073 SPS 66161 b |
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1 | | the performance of a child care facility shall be used by the |
2 | | Department or any licensee. Any employee of the Department of |
3 | | Children and Family Services, Illinois State Police, or a |
4 | | child care facility receiving confidential information under |
5 | | this Section who gives or causes to be given any confidential |
6 | | information concerning any criminal convictions of an |
7 | | applicant, employee, or volunteer of a child care facility or |
8 | | non-licensed service provider, shall be guilty of a Class A |
9 | | misdemeanor unless release of such information is authorized |
10 | | by this Section. |
11 | | A child care facility may hire, on a probationary basis, |
12 | | any employee or volunteer of a child care facility or |
13 | | non-licensed service provider authorizing a criminal |
14 | | background investigation under this Section, pending the |
15 | | result of such investigation. Employees and volunteers of a |
16 | | child care facility or non-licensed service provider shall be |
17 | | notified prior to hiring that such employment may be |
18 | | terminated on the basis of criminal background information |
19 | | obtained by the facility. |
20 | | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) |