Bill Text: IL HB5400 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Child Care Act of 1969. Provides that "day care center" does not include certain programs or portions of programs that serve children who shall have attained the age of 2 years (rather than 3 years). Makes conforming changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-02-26 - Added Co-Sponsor Rep. Monica Bristow [HB5400 Detail]

Download: Illinois-2019-HB5400-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5400 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED:
225 ILCS 10/2.09 from Ch. 23, par. 2212.09
Amends the Child Care Act of 1969. Provides that "day care center" does not include certain programs or portions of programs that serve children who shall have attained the age of 2 years (rather than 3 years). Makes conforming changes.
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A BILL FOR
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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 2.09 as follows:
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
Sec. 2.09. "Day care center" means any child care facility
which regularly provides day care for less than 24 hours per
day for (1) more than 8 children in a family home, or (2) more
than 3 children in a facility other than a family home,
including senior citizen buildings.
The term does not include:
(a) programs operated by (i) public or private
elementary school systems or secondary level school units
or institutions of higher learning that serve children who
shall have attained the age of 3 years or (ii) private
entities on the grounds of public or private elementary or
secondary schools and that serve children who have attained
the age of 3 years, except that this exception applies only
to the facility and not to the private entities' personnel
operating the program;
(b) programs or that portion of the program which
serves children who shall have attained the age of 3 years

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and which are recognized by the State Board of Education;
(c) educational program or programs serving children
who shall have attained the age of 3 years and which are
operated by a school which is registered with the State
Board of Education and which is recognized or accredited by
a recognized national or multistate educational
organization or association which regularly recognizes or
accredits schools;
(d) programs which exclusively serve or that portion of
the program which serves children with disabilities who
shall have attained the age of 3 years but are less than 21
years of age and which are registered and approved as
meeting standards of the State Board of Education and
applicable fire marshal standards;
(e) facilities operated in connection with a shopping
center or service, religious services, or other similar
facility, where transient children are cared for
temporarily while parents or custodians of the children are
occupied on the premises and readily available;
(f) any type of day care center that is conducted on
federal government premises;
(g) special activities programs, including athletics,
crafts instruction, and similar activities conducted on an
organized and periodic basis by civic, charitable and
governmental organizations;
(h) part day child care facilities, as defined in

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Section 2.10 of this Act;
(i) programs or that portion of the program which:
(1) serves children who shall have attained the age
of 2 3 years;
(2) is operated by churches or religious
institutions as described in Section 501(c)(3) of the
federal Internal Revenue Code;
(3) receives no governmental aid;
(4) is operated as a component of a religious,
nonprofit elementary school;
(5) operates primarily to provide religious
education; and
(6) meets appropriate State or local health and
fire safety standards; or
(j) programs or portions of programs that:
(1) serve only school-age children and youth
(defined as full-time kindergarten children, as
defined in 89 Ill. Adm. Code 407.45, or older);
(2) are organized to promote childhood learning,
child and youth development, educational or
recreational activities, or character-building;
(3) operate primarily during out-of-school time or
at times when school is not normally in session;
(4) comply with the standards of the Illinois
Department of Public Health (77 Ill. Adm. Code 750) or
the local health department, the Illinois State Fire

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Marshal (41 Ill. Adm. Code 100), and the following
additional health and safety requirements: procedures
for employee and volunteer emergency preparedness and
practice drills; procedures to ensure that first aid
kits are maintained and ready to use; the placement of
a minimum level of liability insurance as determined by
the Department; procedures for the availability of a
working telephone that is onsite and accessible at all
times; procedures to ensure that emergency phone
numbers are posted onsite; and a restriction on handgun
or weapon possession onsite, except if possessed by a
peace officer;
(5) perform and maintain authorization and results
of criminal history checks through the Illinois State
Police and FBI and checks of the Illinois Sex Offender
Registry, the National Sex Offender Registry, and
Child Abuse and Neglect Tracking System for employees
and volunteers who work directly with children;
(6) make hiring decisions in accordance with the
prohibitions against barrier crimes as specified in
Section 4.2 of this Act or in Section 21B-80 of the
School Code;
(7) provide parents with written disclosure that
the operations of the program are not regulated by
licensing requirements; and
(8) obtain and maintain records showing the first

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and last name and date of birth of the child, name,
address, and telephone number of each parent,
emergency contact information, and written
authorization for medical care.
Programs or portions of programs requesting Child Care
Assistance Program (CCAP) funding and otherwise meeting the
requirements under item (j) shall request exemption from the
Department and be determined exempt prior to receiving funding
and must annually meet the eligibility requirements and be
appropriate for payment under the CCAP.
Programs or portions of programs under item (j) that do not
receive State or federal funds must comply with staff
qualification and training standards established by rule by the
Department of Human Services. The Department of Human Services
shall set such standards after review of Afterschool for
Children and Teens Now (ACT Now) evidence-based quality
standards developed for school-age out-of-school time
programs, feedback from the school-age out-of-school time
program professionals, and review of out-of-school time
professional development frameworks and quality tools.
Out-of-school time programs for school-age youth that
receive State or federal funds must comply with only those
staff qualifications and training standards set for the program
by the State or federal entity issuing the funds.
For purposes of items (a), (b), (c), and (d), and (i) of
this Section, "children who shall have attained the age of 3

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years" shall mean children who are 3 years of age, but less
than 4 years of age, at the time of enrollment in the program.
For the purpose of item (i) of this Section, "children who
shall have attained the age of 2 years" shall mean children who
are 2 years of age, but less than 4 years of age, at the time of
enrollment in the program.
(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
100-201, eff. 8-18-17.)