HB3439 104TH GENERAL ASSEMBLY

LRB104 08884 AAS 18939 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3439

Introduced 2/18/2025, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

225 ILCS 10/4.1	from Ch. 23, par. 2214.1
225 ILCS 10/5	from Ch. 23, par. 2215
225 ILCS 10/5.01
225 ILCS 10/7.10
225 ILCS 10/9.1c
325 ILCS 50/5	from Ch. 23, par. 2285

Amends the Child Care Act of 1969. In provisions concerning criminal background investigations, makes changes regarding the Department who regulates background checks, the background check that a potential employee is required to complete, and the supervision required for an employee pending completion of a background check. Provides that the Department of Early Childhood shall establish a secure background check portal that is accessible to applicants, child care staff, human resources representatives, and day care licensing representatives no later than July 1, 2026. Sets forth requirements for the background check portal. In provisions concerning any examinations conducted by the Department, provides that full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days from the creation of the report on the Department's consumer education website. Provides that, in the report that the Department provide to the General Assembly on its progress in meeting performance measures and goals related to child day care licensing, the Department shall include details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant. Makes other changes. Amends the Missing Children Records Act. Provides that, by September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of a child's identity and age. Provides that a grace period of up to 90 calendar days from the first date of attendance should be allowed for the person enrolling the child to provide any other reliable proof that has been identified.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by changing Sections 4.1, 5, 5.01, 7.10 and 9.1c as follows:

(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)

(Text of Section before amendment by P.A. 103-594)

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 every 5 years, as required under the Child Care and Development Block Grant, 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 the applicant's, employee's, or volunteer's 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.

The Department of Children and Family Services or the Department of Early Childhood shall allow day care centers, day care homes, and group day care homes to 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, after completing either: pending the result of such investigation

(1) the Federal Bureau of Investigation fingerprint criminal background check; or

(2) the Illinois State Police fingerprint criminal background check and a criminal record check of the criminal repository of each state in which the employee or volunteer resided during the preceding 5 years.

Pending completion of all background check requirements, the prospective employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components. Employees and volunteers of a day care center, day care home, or group day care home 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.

No later than July 1, 2026, the Department of Early Childhood shall establish a secure background check portal that is accessible, at minimum, to applicants, child care staff, human resources representatives, and day care licensing representatives and that has the following capabilities:

(1) allows individuals to fill out all background check authorization forms online and upload and submit all documents deemed necessary by the Department of Early Childhood;

(2) allows necessary parties to provide electronic signatures on any background check documents;

(3) allows individuals to check the status of the background checks;

(4) notifies the appropriate individual if information or documents are missing;

(5) includes a search feature that allows necessary parties to view if an applicant's background check clearance has been issued within the past 5 years or if the background check has expired;

(6) allows necessary parties to view and print any background check clearance letters;

(7) allows a background check clearance letter to be tied to more than one license number; and

(8) allows applicants to upload a background check clearance letter, if the applicant has lived in another state within the past 5 years, to satisfy the requirement for an interstate background check.

The Department of Early Childhood shall also publicize a contact number for its background check unit that allows interested parties to inquire about background checks.

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)

(Text of Section after amendment by P.A. 103-594)

Sec. 4.1. Criminal background investigations. The Department of Children and Family Services or the Department of Early Childhood shall require that each child care facility license applicant under the agencies' respective authority 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 every 5 years, as required under the Child Care and Development Block Grant, 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 the applicant's, employee's, or volunteer's 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 or the Department of Early Childhood 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 of Children and Family Services or the Department of Early Childhood under the agencies' respective authority 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 of Children and Family Services or the Department of Early Childhood shall be confidential and may not be transmitted outside the Department of Children and Family Services or the Department of Early Childhood, except as required herein, and may not be transmitted to anyone within the Department of Children and Family Services or the Department of Early Childhood 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 of Children and Family Services or the Department of Early Childhood or any licensee. Any employee of the Department of Children and Family Services, Department of Early Childhood, 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.

The Department of Children and Family Services or the Department of Early Childhood shall allow day care centers, day care homes, and group day care homes to 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, after completing either: pending the result of such investigation

(1) the Federal Bureau of Investigation fingerprint criminal background check; or

(2) the Illinois State Police fingerprint criminal background check and a criminal record check of the criminal repository of each state in which the employee or volunteer resided during the preceding 5 years.

Pending completion of all background check requirements, the prospective employee or volunteer must be supervised at all times by an individual who received a qualifying result on all background check components. Employees and volunteers of a day care center, day care home, or group day care home 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.

No later than July 1, 2026, the Department of Early Childhood shall establish a secure background check portal that is accessible, at minimum, to applicants, child care staff, human resources representatives, and day care licensing representatives and that has the following capabilities:

(1) allows individuals to fill out all background check authorization forms online and upload and submit all documents deemed necessary by the Department of Early Childhood;

(2) allows necessary parties to provide electronic signatures on any background check documents;

(3) allows individuals to check the status of the background checks;

(4) notifies the appropriate individual if information or documents are missing;

(5) includes a search feature that allows necessary parties to view if an applicant's background check clearance has been issued within the past 5 years or if the background check has expired;

(6) allows necessary parties to view and print any background check clearance letters;

(7) allows a background check clearance letter to be tied to more than one license number; and

(8) allows applicants to upload a background check clearance letter, if the applicant has lived in another state within the past 5 years, to satisfy the requirement for an interstate background check.

The Department of Early Childhood shall also publicize a contact number for its background check unit that allows interested parties to inquire about background checks.

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.)

(225 ILCS 10/5) (from Ch. 23, par. 2215)

(Text of Section before amendment by P.A. 103-594)

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 5 years 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.

(i) Full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days after the creation of the report on the Department's consumer education website.

(Source: P.A. 98-804, eff. 1-1-15.)

(Text of Section after amendment by P.A. 103-594)

Sec. 5. (a) This Section does not apply to any day care center, day care home, or group day care home.

In respect to child care institutions, maternity centers, child welfare 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 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 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) 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. 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, 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 facility 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) (Blank).

(Source: P.A. 103-594, eff. 7-1-26.)

(225 ILCS 10/5.01)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 5.01. Licenses; permits; Department of Early Childhood.

(a) In respect to day care centers, the Department of Early Childhood, upon receiving application filed in proper order, shall examine the facilities and persons responsible for care of children therein.

(b) In respect to day care homes, applications may be filed on behalf of such homes by the Department of Early Childhood.

(c) The Department of Early Childhood 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 of Early Childhood.

(d) Licenses issued for day care centers, day care homes, and group day care homes shall be valid for 5 years 3 years from the date issued, unless revoked by the Department of Early Childhood 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 of Early Childhood 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 of Early Childhood 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 day care home the Department of Early Childhood may issue one 2-month permit only.

(f) The Department of Early Childhood may issue an emergency permit to a day care center 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 day care center, day care home, or group day care home, authorized representatives of the Department of Early Childhood may without notice visit the facility for the purpose of determining its continuing compliance with this Act or rules 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 of Early Childhood that recommended licensure.

(i) Full monitoring and inspection reports, along with any corrective actions taken by the provider, shall be posted in plain language within 30 days after the creation of the report on the Department of Early Childhood's consumer education website.

(Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.)

(225 ILCS 10/7.10)

(Text of Section before amendment by P.A. 103-594)

Sec. 7.10. Licensing orientation program and progress report.

(a) For the purposes of this Section, "child day care licensing" or "day care licensing" means licensing of day care centers, day care homes, and group day care homes.

(a-5) In addition to current day care daycare training and subject to appropriations, the Department or any State agency that assumes day care center licensing responsibilities shall host licensing orientation programs to help educate potential day care center, day care home, and group day care home providers about the child day care licensing process. The programs shall be made available in person and virtually. The Department or its successor shall offer to host licensing orientation programs at least twice annually in each Representative District in the State. Additionally, if one or more persons request that a program be offered in a language other than English, then the Department or its successor must accommodate the request.

(b) No later than September 30th of each year, the Department shall provide the General Assembly with a comprehensive report on its progress in meeting performance measures and goals related to child day care licensing.

(c) The report shall include:

(1) details on the funding for child day care licensing, including:

(A) the total number of full-time employees working on child day care licensing;

(B) the names of all sources of revenue used to support child day care licensing;

(C) the amount of expenditures that is claimed against federal funding sources;

(D) the identity of federal funding sources; and

(E) how funds are appropriated, including appropriations for line staff, support staff, supervisory staff, and training and other expenses and the funding history of such licensing since fiscal year 2010;

(2) current staffing qualifications of day care licensing representatives and day care licensing supervisors in comparison with staffing qualifications specified in the job description;

(3) data history for fiscal year 2010 to the current fiscal year on day care licensing representative caseloads and staffing levels in all areas of the State;

(4) per the DCFS Child Day Care Licensing Advisory Council's work plan, quarterly data on the following measures:

(A) the number and percentage of new applications disposed of within 90 days;

(B) the percentage of licenses renewed on time;

(C) the percentage of day care centers receiving timely annual monitoring visits;

(D) the percentage of day care homes receiving timely annual monitoring visits;

(E) the percentage of group day care homes receiving timely annual monitoring visits;

(F) the percentage of provider requests for supervisory review;

(G) the progress on adopting a key indicator system;

(H) the percentage of complaints disposed of within 30 days;

(I) the average number of days a day care center applicant must wait to attend a licensing orientation;

(J) the number of licensing orientation sessions available per region in the past year; and

(K) the number of Department trainings related to licensing and child development available to providers in the past year; and

(5) efforts to coordinate with the Department of Human Services and the State Board of Education on professional development, credentialing issues, and child developers, including training registry, child developers, and Quality Rating and Improvement Systems (QRIS); and .

(6) details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant.

(d) The Department shall work with the Governor's appointed Early Learning Council on issues related to and concerning child day care.

(Source: P.A. 103-805, eff. 1-1-25; revised 10-10-24.)

(Text of Section after amendment by P.A. 103-594)

Sec. 7.10. Licensing orientation program and progress report.

(a) For the purposes of this Section, "child day care licensing" or "day care licensing" means licensing of day care centers, day care homes, and group day care homes.

(a-5) In addition to current day care daycare training and subject to appropriations, the Department or any State agency that assumes day care center licensing responsibilities shall host licensing orientation programs to help educate potential day care center, day care home, and group day care home providers about the child day care licensing process. The programs shall be made available in person and virtually. The Department or its successor shall offer to host licensing orientation programs at least twice annually in each Representative District in the State. Additionally, if one or more persons request that a program be offered in a language other than English, then the Department or its successor must accommodate the request.

(b) No later than September 30th of each year, the Department of Early Childhood shall provide the General Assembly with a comprehensive report on its progress in meeting performance measures and goals related to child day care licensing.

(c) The report shall include:

(1) details on the funding for child day care licensing, including:

(A) the total number of full-time employees working on child day care licensing;

(B) the names of all sources of revenue used to support child day care licensing;

(C) the amount of expenditures that is claimed against federal funding sources;

(D) the identity of federal funding sources; and

(E) how funds are appropriated, including appropriations for line staff, support staff, supervisory staff, and training and other expenses and the funding history of such licensing since fiscal year 2010;

(2) current staffing qualifications of day care licensing representatives and day care licensing supervisors in comparison with staffing qualifications specified in the job description;

(3) data history for fiscal year 2010 to the current fiscal year on day care licensing representative caseloads and staffing levels in all areas of the State;

(4) per the DCFS Child Day Care Licensing Advisory Council's work plan, quarterly data on the following measures:

(A) the number and percentage of new applications disposed of within 90 days;

(B) the percentage of licenses renewed on time;

(C) the percentage of day care centers receiving timely annual monitoring visits;

(D) the percentage of day care homes receiving timely annual monitoring visits;

(E) the percentage of group day care homes receiving timely annual monitoring visits;

(F) the percentage of provider requests for supervisory review;

(G) the progress on adopting a key indicator system;

(H) the percentage of complaints disposed of within 30 days;

(I) the average number of days a day care center applicant must wait to attend a licensing orientation;

(J) the number of licensing orientation sessions available per region in the past year; and

(K) the number of Department of Early Childhood trainings related to licensing and child development available to providers in the past year; and

(5) efforts to coordinate with the Department of Human Services and the State Board of Education on professional development, credentialing issues, and child developers, including training registry, child developers, and Quality Rating and Improvement Systems (QRIS); and .

(6) details regarding the processing of background checks, including the average number of days it takes for the background check unit to complete a series of background checks and issue a background check clearance required under the Child Care and Development Block Grant.

(d) The Department of Early Childhood shall work with the Governor's appointed Early Learning Council on issues related to and concerning child day care.

(Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25; revised 11-26-24.)

(225 ILCS 10/9.1c)

(Text of Section before amendment by P.A. 103-594)

Sec. 9.1c. Public database of day care homes, group day care homes, and day care centers; license status. No later than July 1, 2018, the Department shall establish and maintain on its official website a searchable database, freely accessible to the public, that provides the following information on each day care home, group day care home, and day care center licensed by the Department: whether, within the past 5 years, the day care home, group day care home, or day care center has had its license revoked by or surrendered to the Department during a child abuse or neglect investigation or its application for a renewal of its license was denied by the Department, and, if so, the dates upon which the license was revoked by or surrendered to the Department or the application for a renewal of the license was denied by the Department. The Department may adopt any rules necessary to implement this Section. Nothing in this Section shall be construed to allow or authorize the Department to release or disclose any information that is prohibited from public disclosure under this Act or under any other State or federal law.

(Source: P.A. 100-52, eff. 1-1-18.)

(Text of Section after amendment by P.A. 103-594)

Sec. 9.1c. Public consumer education website database of day care homes, group day care homes, and day care centers; license status. By July 1, 2026, the The Department of Early Childhood shall establish and maintain on its official consumer education website the following information, which shall be freely accessible to day care homes, group day care homes, and day care centers licensed by the Department, parents, providers, and the public:

(a) A a searchable database, freely accessible to the public, that provides the following information on each day care home, group day care home, and day care center licensed by the Department of Early Childhood: whether, within the past 5 years, the day care home, group day care home, or day care center has had its license revoked by or surrendered to the Department of Children and Family Services or the Department of Early Childhood during a child abuse or neglect investigation or its application for a renewal of its license was denied by the Department of Children and Family Services or the Department of Early Childhood, and, if so, the dates upon which the license was revoked by or surrendered to the Department of Children and Family Services or the Department of Early Childhood or the application for a renewal of the license was denied by the Department of Children and Family Services or the Department of Early Childhood.

(b) A central repository for the initial licensing application materials and renewal forms, as well as any other licensing information, including, but not limited to, guidance, rules, policy, standards, and statutes. The website must be updated immediately upon any changes to licensing guidance, rules, policy, or statute and valid weblinks must be provided. All materials and changes to licensing guidance, rules, policy, or statute shall be translated into additional languages, including, but not limited to, Spanish, Polish, and Arabic.

(c) Forum, town hall, and public meeting information shall be on the Department's official consumer education website in, at minimum, 14 days in advance of the forum, town hall, or public meeting. The Department shall host statewide virtual forums or town halls on, at minimum, a quarterly basis, with the purpose of updating day care providers on changes to licensing policies and procedures and allowing day care providers to ask questions. If one or more persons request that a forum or town hall be offered in a language other than English, then the Department shall accommodate the request.

(d) If the Department submits proposed or emergency rulemaking to the Joint Committee on Administrative Rules, the Department shall hold, at minimum, 2 statewide virtual forums or town halls to explain the rulemaking changes, gather feedback, and inform the public of the process to submit written comments. The forums or town halls shall be held within 2 weeks of the rulemaking's publication in the Illinois Register. If one or more persons request that a forum or town hall be offered in a language other than English, then the Department shall accommodate the request.

The Department of Early Childhood may adopt any rules necessary to implement this Section. Nothing in this Section shall be construed to allow or authorize the Department of Early Childhood to release or disclose any information that is prohibited from public disclosure under this Act or under any other State or federal law.

(Source: P.A. 103-594, eff. 7-1-26.)

Section 10. The Missing Children Records Act is amended by changing Section 5 as follows:

(325 ILCS 50/5) (from Ch. 23, par. 2285)

Sec. 5. Duties of school or other entity.

(a) Upon notification by the Illinois State Police of a person's disappearance, a school, preschool educational program, child care facility, or day care home or group day care home in which the person is currently or was previously enrolled shall flag the record of that person in such a manner that whenever a copy of or information regarding the record is requested, the school or other entity shall be alerted to the fact that the record is that of a missing person. The school or other entity shall immediately report to the Illinois State Police any request concerning flagged records or knowledge as to the whereabouts of any missing person. Upon notification by the Illinois State Police that the missing person has been recovered, the school or other entity shall remove the flag from the person's record.

(b) (1) For every child enrolled in a particular elementary or secondary school, public or private preschool educational program, public or private child care facility licensed under the Child Care Act of 1969, or day care home or group day care home licensed under the Child Care Act of 1969, that school or other entity shall notify in writing the person enrolling the child that within 30 days he must provide either (i) a certified copy of the child's birth certificate or (ii) other reliable proof, as determined by the Illinois State Police, of the child's identity and age and an affidavit explaining the inability to produce a copy of the birth certificate. Other reliable proof of the child's identity and age shall include a passport, visa or other governmental documentation of the child's identity. By September 30, 2025, the Illinois State Police shall publish a list of acceptable governmental documentation that provides satisfactory proof of the child's identity and age. A grace period of up to 90 calendar days after the first date of attendance should be allowed for the person enrolling the child to provide any other reliable documentation that has been identified. When the person enrolling the child provides the school or other entity with a certified copy of the child's birth certificate or other reliable documentation of the child's identity and age, the school or other entity shall promptly make a copy of the certified copy or other reliable documentation for its records and return the original certified copy or other reliable documentation to the person enrolling the child. Once a school or other entity has been provided with a certified copy of a child's birth certificate as required under item (i) of this subdivision (b)(1), the school or other entity need not request another such certified copy with respect to that child for any other year in which the child is enrolled in that school or other entity.

(2) Upon the failure of a person enrolling a child to comply with subsection (b) (1), the school or other entity shall immediately notify the Illinois State Police or local law enforcement agency of such failure, and shall notify the person enrolling the child in writing that he has 10 additional days to comply.

(3) The school or other entity shall immediately report to the Illinois State Police any affidavit received pursuant to this subsection which appears inaccurate or suspicious in form or content.

(c) Within 14 days after enrolling a transfer student, the elementary or secondary school shall request directly from the student's previous school a certified copy of his record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. Any elementary or secondary school requested to forward a copy of a transferring student's record to the new school shall comply within 10 days of receipt of the request unless the record has been flagged pursuant to subsection (a), in which case the copy shall not be forwarded and the requested school shall notify the Illinois State Police or local law enforcement authority of the request.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.