Sen. Michael Connelly

Filed: 3/27/2014

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1 AMENDMENT TO SENATE BILL 1999

2 AMENDMENT NO. ______. Amend Senate Bill 1999 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Child Care Act of 1969 is amended by

5 changing Section 7 as follows:

6 (225 ILCS 10/7) (from Ch. 23, par. 2217)

7 Sec. 7. (a) The Department must prescribe and publish

8 minimum standards for licensing that apply to the various types

9 of facilities for child care defined in this Act and that are

10 equally applicable to like institutions under the control of

11 the Department and to foster family homes used by and under the

12 direct supervision of the Department. The Department shall seek

13 the advice and assistance of persons representative of the

14 various types of child care facilities in establishing such

15 standards. The standards prescribed and published under this

16 Act take effect as provided in the Illinois Administrative

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1 Procedure Act, and are restricted to regulations pertaining to

2 the following matters and to any rules and regulations required

3 or permitted by any other Section of this Act:

4 (1) The operation and conduct of the facility and

5 responsibility it assumes for child care;

6 (2) The character, suitability and qualifications of

7 the applicant and other persons directly responsible for

8 the care and welfare of children served. All child day care

9 center licensees and employees who are required to report

10 child abuse or neglect under the Abused and Neglected Child

11 Reporting Act shall be required to attend training on

12 recognizing child abuse and neglect, as prescribed by

13 Department rules;

14 (3) The general financial ability and competence of the

15 applicant to provide necessary care for children and to

16 maintain prescribed standards;

17 (4) The number of individuals or staff required to

18 insure adequate supervision and care of the children

19 received. The standards shall provide that each child care

20 institution, maternity center, day care center, group

21 home, day care home, and group day care home shall have on

22 its premises during its hours of operation at least one

23 staff member certified in first aid, in the Heimlich

24 maneuver and in cardiopulmonary resuscitation by the

25 American Red Cross or other organization approved by rule

26 of the Department. Child welfare agencies shall not be

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1 subject to such a staffing requirement. The Department may

2 offer, or arrange for the offering, on a periodic basis in

3 each community in this State in cooperation with the

4 American Red Cross, the American Heart Association or other

5 appropriate organization, voluntary programs to train

6 operators of foster family homes and day care homes in

7 first aid and cardiopulmonary resuscitation;

8 (5) The appropriateness, safety, cleanliness and

9 general adequacy of the premises, including maintenance of

10 adequate fire prevention and health standards conforming

11 to State laws and municipal codes to provide for the

12 physical comfort, care and well-being of children

13 received;

14 (6) Provisions for food, clothing, educational

15 opportunities, program, equipment and individual supplies

16 to assure the healthy physical, mental and spiritual

17 development of children served;

18 (7) Provisions to safeguard the legal rights of

19 children served;

20 (8) Maintenance of records pertaining to the

21 admission, progress, health and discharge of children,

22 including, for day care centers and day care homes, records

23 indicating each child has been immunized as required by

24 State regulations. The Department shall require proof that

25 children enrolled in a facility have been immunized against

26 Haemophilus Influenzae B (HIB);

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1 (9) Filing of reports with the Department;

2 (10) Discipline of children;

3 (11) Protection and fostering of the particular

4 religious faith of the children served;

5 (12) Provisions prohibiting firearms on day care

6 center premises except in the possession of peace officers;

7 (13) Provisions prohibiting handguns on day care home

8 premises except in the possession of peace officers or

9 other adults who must possess a handgun as a condition of

10 employment and who reside on the premises of a day care

11 home;

12 (14) Provisions requiring that any firearm permitted

13 on day care home premises, except handguns in the

14 possession of peace officers, shall be kept in a

15 disassembled state, without ammunition, in locked storage,

16 inaccessible to children and that ammunition permitted on

17 day care home premises shall be kept in locked storage

18 separate from that of disassembled firearms, inaccessible

19 to children;

20 (15) Provisions requiring notification of parents or

21 guardians enrolling children at a day care home of the

22 presence in the day care home of any firearms and

23 ammunition and of the arrangements for the separate, locked

24 storage of such firearms and ammunition; and

25 (16) Provisions requiring all licensed child care

26 facility employees who care for newborns and infants to

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1 complete training every 3 years on the nature of sudden

2 unexpected infant death (SUID), sudden infant death

3 syndrome (SIDS), and the safe sleep recommendations of the

4 American Academy of Pediatrics.

5 (b) If, in a facility for general child care, there are

6 children diagnosed as mentally ill, intellectually disabled or

7 physically handicapped, who are determined to be in need of

8 special mental treatment or of nursing care, or both mental

9 treatment and nursing care, the Department shall seek the

10 advice and recommendation of the Department of Human Services,

11 the Department of Public Health, or both Departments regarding

12 the residential treatment and nursing care provided by the

13 institution.

14 (c) The Department shall investigate any person applying to

15 be licensed as a foster parent to determine whether there is

16 any evidence of current drug or alcohol abuse in the

17 prospective foster family. The Department shall not license a

18 person as a foster parent if drug or alcohol abuse has been

19 identified in the foster family or if a reasonable suspicion of

20 such abuse exists, except that the Department may grant a

21 foster parent license to an applicant identified with an

22 alcohol or drug problem if the applicant has successfully

23 participated in an alcohol or drug treatment program, self-help

24 group, or other suitable activities.

25 (d) The Department, in applying standards prescribed and

26 published, as herein provided, shall offer consultation

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1 through employed staff or other qualified persons to assist

2 applicants and licensees in meeting and maintaining minimum

3 requirements for a license and to help them otherwise to

4 achieve programs of excellence related to the care of children

5 served. Such consultation shall include providing information

6 concerning education and training in early childhood

7 development to providers of day care home services. The

8 Department may provide or arrange for such education and

9 training for those providers who request such assistance.

10 (e) The Department shall distribute copies of licensing

11 standards to all licensees and applicants for a license. Each

12 licensee or holder of a permit shall distribute copies of the

13 appropriate licensing standards and any other information

14 required by the Department to child care facilities under its

15 supervision. Each licensee or holder of a permit shall maintain

16 appropriate documentation of the distribution of the

17 standards. Such documentation shall be part of the records of

18 the facility and subject to inspection by authorized

19 representatives of the Department.

20 (f) The Department shall prepare summaries of day care

21 licensing standards. Each licensee or holder of a permit for a

22 day care facility shall distribute a copy of the appropriate

23 summary and any other information required by the Department,

24 to the legal guardian of each child cared for in that facility

25 at the time when the child is enrolled or initially placed in

26 the facility. The licensee or holder of a permit for a day care

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1 facility shall secure appropriate documentation of the

2 distribution of the summary and brochure. Such documentation

3 shall be a part of the records of the facility and subject to

4 inspection by an authorized representative of the Department.

5 (g) The Department shall distribute to each licensee and

6 holder of a permit copies of the licensing or permit standards

7 applicable to such person's facility. Each licensee or holder

8 of a permit shall make available by posting at all times in a

9 common or otherwise accessible area a complete and current set

10 of licensing standards in order that all employees of the

11 facility may have unrestricted access to such standards. All

12 employees of the facility shall have reviewed the standards and

13 any subsequent changes. Each licensee or holder of a permit

14 shall maintain appropriate documentation of the current review

15 of licensing standards by all employees. Such records shall be

16 part of the records of the facility and subject to inspection

17 by authorized representatives of the Department.

18 (h) Any standards involving physical examinations,

19 immunization, or medical treatment shall include appropriate

20 exemptions for children whose parents object thereto on the

21 grounds that they conflict with the tenets and practices of a

22 recognized church or religious organization, of which the

23 parent is an adherent or member, and for children who should

24 not be subjected to immunization for clinical reasons.

25 (i) The Department, in cooperation with the Department of

26 Public Health, shall work to increase immunization awareness

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1 and participation among parents of children enrolled in day

2 care centers and day care homes by publishing on the

3 Department's website information about the benefits of

4 immunization against vaccine preventable diseases, including

5 influenza and pertussis. The information for vaccine

6 preventable diseases shall include the incidence and severity

7 of the diseases, the availability of vaccines, and the

8 importance of immunizing children and persons who frequently

9 have close contact with children. The website content shall be

10 reviewed annually in collaboration with the Department of

11 Public Health to reflect the most current recommendations of

12 the Advisory Committee on Immunization Practices (ACIP). The

13 Department shall work with day care centers and day care homes

14 licensed under this Act to ensure that the information is

15 annually distributed to parents in August or September.

16 (j) Any standard adopted by the Department that requires an

17 applicant for a license to operate a day care home to include a

18 copy of a high school diploma or equivalent certificate with

19 his or her application shall be deemed to be satisfied if the

20 applicant includes a copy of a high school diploma or

21 equivalent certificate or a copy of a degree from an

22 institution of higher education or equivalent certificate.

23 (Source: P.A. 96-391, eff. 8-13-09; 97-83, eff. 1-1-12; 97-227,

24 eff. 1-1-12; 97-494, eff. 8-22-11; 97-813, eff. 7-13-12.)".