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91_HB3442
LRB9111174ACtm
1 AN ACT regarding the regulation of professions.
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 4.3 as follows:
6 (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
7 Sec. 4.3. Child Abuse and Neglect Reports;
8 confidentiality. All child care facility license applicants
9 and all current and prospective employees of a child care
10 facility who have any possible contact with children in the
11 course of their duties, as a condition of such licensure or
12 employment, shall authorize in writing on a form prescribed
13 by the Department an investigation of the Central Register,
14 as defined in the Abused and Neglected Child Reporting Act,
15 to ascertain if such applicant or employee has been
16 determined to be a perpetrator in an indicated report of
17 child abuse or neglect.
18 All child care facilities as a condition of licensure
19 pursuant to this Act shall maintain such information which
20 demonstrates that all current employees and other applicants
21 for employment who have any possible contact with children in
22 the course of their duties have authorized an investigation
23 of the Central Register as hereinabove required. Only those
24 current or prospective employees who will have no possible
25 contact with children as part of their present or prospective
26 employment may be excluded from provisions requiring
27 authorization of an investigation.
28 Such information concerning a license applicant, employee
29 or prospective employee obtained by the Department shall be
30 confidential and exempt from public inspection and copying as
31 provided under Section 7 of The Freedom of Information Act,
-2- LRB9111174ACtm
1 and such information shall not be transmitted outside the
2 Department, except as provided in the Abused and Neglected
3 Child Reporting Act, and shall not be transmitted to anyone
4 within the Department except as provided in the Abused and
5 Neglected Child Reporting Act, and shall not be transmitted
6 to anyone within the Department except as needed for the
7 purposes of evaluation of an application for licensure or for
8 consideration by a child care facility of an employee. Any
9 employee of the Department of Children and Family Services
10 under this Section who gives or causes to be given any
11 confidential information concerning any child abuse or
12 neglect reports about a child care facility applicant, child
13 care facility employee, shall be guilty of a Class A
14 misdemeanor, unless release of such information is authorized
15 by Section 11.1 of the Abused and Neglected Child Reporting
16 Act.
17 Additionally, any licensee who is informed by the
18 Department of Children and Family Services, pursuant to
19 Section 7.4 of the Abused and Neglected Child Reporting Act,
20 approved June 26, 1975, as amended, that a formal
21 investigation has commenced relating to an employee of the
22 child care facility or any other person in frequent contact
23 with children at the facility, shall take reasonable action
24 necessary to insure that the employee or other person is
25 restricted during the pendency of the investigation from
26 contact with children whose care has been entrusted to the
27 facility.
28 When a foster family home is the subject of an indicated
29 report under the Abused and Neglected Child Reporting Act,
30 the Department of Children and Family Services must
31 immediately conduct a re-examination of the foster family
32 home to evaluate whether it continues to meet the minimum
33 standards for licensure. The re-examination is separate and
34 apart from the formal investigation of the report. The
-3- LRB9111174ACtm
1 Department must establish a schedule for re-examination of
2 the foster family home mentioned in the report at least once
3 a year.
4 (Source: P.A. 91-557, eff. 1-1-00.)