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91_HB3442eng HB3442 Engrossed 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, HB3442 Engrossed -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 HB3442 Engrossed -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.)