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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0749 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED:
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225 ILCS 10/7 | from Ch. 23, par. 2217 |
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Amends the Child Care Act of 1969. Allows adults who reside on the premises of a day care home to possess handguns on day care home premises (rather than adults who must possess a handgun as a condition of employment and who reside on the premises of a day care home) if the handgun and handgun ammunition are locked and inaccessible to children.
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| | A BILL FOR |
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| | HB0749 | | LRB100 05957 SMS 15985 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Child Care Act of 1969 is amended by |
| 5 | | changing Section 7 as follows:
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| 6 | | (225 ILCS 10/7) (from Ch. 23, par. 2217)
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| 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
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| 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 |
| 17 | | Procedure Act, and are restricted to
regulations pertaining to |
| 18 | | the following matters and to any rules and regulations required |
| 19 | | or permitted by any other Section of this Act:
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| 20 | | (1) The operation and conduct of the facility and |
| 21 | | responsibility it
assumes for child care;
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| 22 | | (2) The character, suitability and qualifications of |
| 23 | | the applicant and
other persons directly responsible for |
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| 1 | | the care and welfare of children
served. All child day care |
| 2 | | center licensees and employees who are required
to
report |
| 3 | | child abuse or neglect under the Abused and Neglected Child |
| 4 | | Reporting
Act shall be required to attend training on |
| 5 | | recognizing child abuse and
neglect, as prescribed by |
| 6 | | Department rules;
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| 7 | | (3) The general financial ability and competence of the |
| 8 | | applicant to
provide necessary care for children and to |
| 9 | | maintain prescribed standards;
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| 10 | | (4) The number of individuals or staff required to |
| 11 | | insure adequate
supervision and care of the children |
| 12 | | received. The standards shall provide
that each child care |
| 13 | | institution, maternity center, day care center,
group |
| 14 | | home, day care home, and group day care home shall have on |
| 15 | | its
premises during its hours of operation at
least one |
| 16 | | staff member certified in first aid, in the Heimlich |
| 17 | | maneuver and
in cardiopulmonary resuscitation by the |
| 18 | | American Red Cross or other
organization approved by rule |
| 19 | | of the Department. Child welfare agencies
shall not be |
| 20 | | subject to such a staffing requirement. The Department may
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| 21 | | offer, or arrange for the offering, on a periodic basis in |
| 22 | | each community
in this State in cooperation with the |
| 23 | | American Red Cross, the American
Heart Association or other |
| 24 | | appropriate organization, voluntary programs to
train |
| 25 | | operators of foster family homes and day care homes in |
| 26 | | first aid and
cardiopulmonary resuscitation;
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| 1 | | (5) The appropriateness, safety, cleanliness, and |
| 2 | | general adequacy of the
premises, including maintenance of |
| 3 | | adequate fire prevention and health
standards conforming |
| 4 | | to State laws and municipal codes to provide for the
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| 5 | | physical comfort, care, and well-being of children |
| 6 | | received;
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| 7 | | (6) Provisions for food, clothing, educational |
| 8 | | opportunities, program,
equipment and individual supplies |
| 9 | | to assure the healthy physical, mental,
and spiritual |
| 10 | | development of children served;
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| 11 | | (7) Provisions to safeguard the legal rights of |
| 12 | | children served;
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| 13 | | (8) Maintenance of records pertaining to the |
| 14 | | admission, progress, health,
and discharge of children, |
| 15 | | including, for day care centers and day care
homes, records |
| 16 | | indicating each child has been immunized as required by |
| 17 | | State
regulations. The Department shall require proof that |
| 18 | | children enrolled in
a facility have been immunized against |
| 19 | | Haemophilus Influenzae B (HIB);
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| 20 | | (9) Filing of reports with the Department;
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| 21 | | (10) Discipline of children;
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| 22 | | (11) Protection and fostering of the particular
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| 23 | | religious faith of the children served;
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| 24 | | (12) Provisions prohibiting firearms on day care |
| 25 | | center premises
except in the possession of peace officers;
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| 26 | | (13) Provisions prohibiting handguns on day care home |
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| 1 | | premises except: (i) in
the possession of peace officers; |
| 2 | | or (ii) in the possession of or other adults who must |
| 3 | | possess a handgun
as a condition of employment and who |
| 4 | | reside on the premises of a day care home;
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| 5 | | (14) Provisions requiring that any firearm permitted |
| 6 | | on day care home
premises, except handguns in the |
| 7 | | possession of peace officers, shall be
kept in a |
| 8 | | disassembled state, without ammunition, in locked storage,
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| 9 | | inaccessible to children and that ammunition permitted on |
| 10 | | day care home
premises shall be kept in locked storage |
| 11 | | separate from that of disassembled
firearms, inaccessible |
| 12 | | to children;
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| 13 | | (15) Provisions requiring notification of parents or |
| 14 | | guardians enrolling
children at a day care home of the |
| 15 | | presence in the day care home of any
firearms and |
| 16 | | ammunition and of the arrangements for the separate, locked
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| 17 | | storage of such firearms and ammunition; and
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| 18 | | (16) Provisions requiring all licensed child care |
| 19 | | facility employees who care for newborns and infants to |
| 20 | | complete training every 3 years on the nature of sudden |
| 21 | | unexpected infant death (SUID), sudden infant death |
| 22 | | syndrome (SIDS), and the safe sleep recommendations of the |
| 23 | | American Academy of Pediatrics; and . |
| 24 | | (17) With respect to foster family homes, provisions |
| 25 | | requiring the Department to review quality of care concerns |
| 26 | | and to consider those concerns in determining whether a |
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| 1 | | foster family home is qualified to care for children. |
| 2 | | (b) If, in a facility for general child care, there are |
| 3 | | children
diagnosed as mentally ill or children diagnosed as |
| 4 | | having an intellectual or physical disability, who
are |
| 5 | | determined to be in need of special mental treatment or of |
| 6 | | nursing
care, or both mental treatment and nursing care, the |
| 7 | | Department shall seek
the advice and recommendation of the |
| 8 | | Department of Human Services,
the Department of Public Health, |
| 9 | | or both
Departments regarding the residential treatment and |
| 10 | | nursing care provided
by the institution.
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| 11 | | (c) The Department shall investigate any person applying to |
| 12 | | be
licensed as a foster parent to determine whether there is |
| 13 | | any evidence of
current drug or alcohol abuse in the |
| 14 | | prospective foster family. The
Department shall not license a |
| 15 | | person as a foster parent if drug or alcohol
abuse has been |
| 16 | | identified in the foster family or if a reasonable suspicion
of |
| 17 | | such abuse exists, except that the Department may grant a |
| 18 | | foster parent
license to an applicant identified with an |
| 19 | | alcohol or drug problem if the
applicant has successfully |
| 20 | | participated in an alcohol or drug treatment
program, self-help |
| 21 | | group, or other suitable activities and if the Department |
| 22 | | determines that the foster family home can provide a safe, |
| 23 | | appropriate environment and meet the physical and emotional |
| 24 | | needs of children.
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| 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
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| 9 | | training for those providers who request such assistance.
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| 10 | | (e) The Department shall distribute copies of licensing
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| 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
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| 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.
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| 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
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| 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.
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| 5 | | (g) The Department shall distribute to each licensee and
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| 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.
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| 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.
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| 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 accredited |
| 22 | | institution of higher education or vocational institution or |
| 23 | | equivalent certificate. |
| 24 | | (Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15; |
| 25 | | 99-779, eff. 1-1-17; revised 10-27-16.)
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