Bill Text: IL HB3566 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Child Care Act of 1969. Provides that the minimum standards for child care licensing include regulations to allow for staffing flexibility of qualified early childhood assistants to enable the early childhood assistants to supervise a classroom outside of the core developmental hours of the day, which shall not exceed more than 3 hours in a single day and shall be documented in the program's Enhanced Staffing Plan. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking by the Department of Children and Family Services. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Engrossed) 2023-09-05 - Added Co-Sponsor Rep. Amy L. Grant [HB3566 Detail]

Download: Illinois-2023-HB3566-Engrossed.html

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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 Section 7 as follows:
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various
types of facilities for child care defined in this Act and that
are equally applicable to like institutions under the control
of the Department and to foster family homes used by and under
the direct supervision of the Department. The Department shall
seek the advice and assistance of persons representative of
the various types of child care facilities in establishing
such standards. The standards prescribed and published under
this Act take effect as provided in the Illinois
Administrative Procedure Act, and are restricted to
regulations pertaining to the following matters and to any
rules and regulations required or permitted by any other
Section of this Act:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications of

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the applicant and other persons directly responsible for
the care and welfare of children served. All child day
care center licensees and employees who are required to
report child abuse or neglect under the Abused and
Neglected Child Reporting Act shall be required to attend
training on recognizing child abuse and neglect, as
prescribed by Department rules;
(3) The general financial ability and competence of
the applicant to provide necessary care for children and
to maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child care
institution, maternity center, day care center, group
home, day care home, and group day care home shall have on
its premises during its hours of operation at least one
staff member certified in first aid, in the Heimlich
maneuver and in cardiopulmonary resuscitation by the
American Red Cross or other organization approved by rule
of the Department. Child welfare agencies shall not be
subject to such a staffing requirement. The Department may
offer, or arrange for the offering, on a periodic basis in
each community in this State in cooperation with the
American Red Cross, the American Heart Association or
other appropriate organization, voluntary programs to
train operators of foster family homes and day care homes

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in first aid and cardiopulmonary resuscitation;
(4.5) Provisions to allow for staffing flexibility of
qualified early childhood assistants to enable the early
childhood assistants to supervise a classroom outside of
the core developmental hours of the day, which shall not
exceed more than 3 consecutive hours or make up a majority
of the hours an individual classroom is open in a single
day;
(5) The appropriateness, safety, cleanliness, and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care, and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental, and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health, and discharge of children,
including, for day care centers and day care homes,
records indicating each child has been immunized as
required by State regulations. The Department shall
require proof that children enrolled in a facility have

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been immunized against Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace
officers;
(13) Provisions prohibiting handguns on day care home
premises except in the possession of peace officers or
other adults who must possess a handgun as a condition of
employment and who reside on the premises of a day care
home;
(14) Provisions requiring that any firearm permitted
on day care home premises, except handguns in the
possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on
day care home premises shall be kept in locked storage
separate from that of disassembled firearms, inaccessible
to children;
(15) Provisions requiring notification of parents or
guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate,
locked storage of such firearms and ammunition;

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(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the
American Academy of Pediatrics; and
(17) With respect to foster family homes, provisions
requiring the Department to review quality of care
concerns and to consider those concerns in determining
whether a foster family home is qualified to care for
children.
By July 1, 2022, all licensed day care home providers,
licensed group day care home providers, and licensed day care
center directors and classroom staff shall participate in at
least one training that includes the topics of early childhood
social emotional learning, infant and early childhood mental
health, early childhood trauma, or adverse childhood
experiences. Current licensed providers, directors, and
classroom staff shall complete training by July 1, 2022 and
shall participate in training that includes the above topics
at least once every 3 years.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill or children diagnosed as
having an intellectual or physical disability, who are
determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the

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Department shall seek the advice and recommendation of the
Department of Human Services, the Department of Public Health,
or both Departments regarding the residential treatment and
nursing care provided by the institution.
(c) The Department shall investigate any person applying
to be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program,
self-help group, or other suitable activities and if the
Department determines that the foster family home can provide
a safe, appropriate environment and meet the physical and
emotional needs of children.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children
served. Such consultation shall include providing information
concerning education and training in early childhood

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development to providers of day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each
licensee or holder of a permit shall distribute copies of the
appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall
maintain appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
(f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for a
day care facility shall distribute a copy of the appropriate
summary and any other information required by the Department,
to the legal guardian of each child cared for in that facility
at the time when the child is enrolled or initially placed in
the facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards

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applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All
employees of the facility shall have reviewed the standards
and any subsequent changes. Each licensee or holder of a
permit shall maintain appropriate documentation of the current
review of licensing standards by all employees. Such records
shall be part of the records of the facility and subject to
inspection by authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in day
care centers and day care homes by publishing on the
Department's website information about the benefits of
immunization against vaccine preventable diseases, including
influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity

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of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of
the Advisory Committee on Immunization Practices (ACIP). The
Department shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.
(j) Any standard adopted by the Department that requires
an applicant for a license to operate a day care home to
include a copy of a high school diploma or equivalent
certificate with his or her application shall be deemed to be
satisfied if the applicant includes a copy of a high school
diploma or equivalent certificate or a copy of a degree from an
accredited institution of higher education or vocational
institution or equivalent certificate.
(Source: P.A. 102-4, eff. 4-27-21.)