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1		AN ACT concerning regulation.
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 Sections 2.09 and 3 as follows:
6		(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
7		Sec. 2.09. "Day care center" means any child care facility
8		which regularly provides day care for less than 24 hours per
9		day for (1) more than 8 children in a family home, or (2) more
10		than 3 children in a facility other than a family home,
11		including senior citizen buildings. The term does not include
12		(a) programs operated by (i) public or private elementary
13		school systems or secondary level school units or institutions
14		of higher learning that serve children who shall have attained
15		the age of 3 years or (ii) private entities on the grounds of
16		public or private elementary or secondary schools and that
17		serve children who have attained the age of 3 years, except
18		that this exception applies only to the facility and not to the
19		private entities' personnel operating the program; (b)
20		programs or that portion of the program which serves children
21		who shall have attained the age of 3 years and which are
22		recognized by the State Board of Education; (c) educational
23		program or programs serving children who shall have attained

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1		the age of 3 years and which are operated by a school which is
2		registered with the State Board of Education and which is
3		recognized or accredited by a recognized national or multistate
4		educational organization or association which regularly
5		recognizes or accredits schools; (d) programs which
6		exclusively serve or that portion of the program which serves
7		children with disabilities who shall have attained the age of 3
8		years but are less than 21 years of age and which are
9		registered and approved as meeting standards of the State Board
10		of Education and applicable fire marshal standards; (e)
11		facilities operated in connection with a shopping center or
12		service, religious services, or other similar facility, where
13		transient children are cared for temporarily while parents or
14		custodians of the children are occupied on the premises and
15		readily available; (f) any type of day care center that is
16		conducted on federal government premises; (g) special
17		activities programs, including athletics, crafts instruction
18		and similar activities conducted on an organized and periodic
19		basis by civic, charitable and governmental organizations; (h)
20		part day child care facilities, as defined in Section 2.10 of
21		this Act; or (i) programs or that portion of the program which
22		(1) serves children who shall have attained the age of 3 years,
23		(2) is operated by churches or religious institutions as
24		described in Section 501 (c) (3) of the federal Internal
25		Revenue Code, (3) receives no governmental aid, (4) is operated
26		as a component of a religious, nonprofit elementary school, (5)

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1		operates primarily to provide religious education, and (6)
2		meets appropriate State or local health and fire safety
3		standards; or (j) programs or portions of programs that: (1)
4		serve only school-age children and youth (defined as full-time
5		kindergarten children, as defined in 89 Ill. Adm. Code 407.45,
6		or older), (2) are organized to promote childhood learning,
7		child and youth development, educational or recreational
8		activities, or character-building, (3) operate primarily
9		during out-of-school time or at times when school is not
10		normally in session, (4) comply with the standards of the
11		Illinois Department of Public Health (77 Ill. Adm. Code 750) or
12		the local health department, the Illinois State Fire Marshal
13		(41 Ill. Adm. Code 100), and the following additional health
14		and safety requirements: procedures for employee and volunteer
15		emergency preparedness and practice drills; procedures to
16		ensure that first aid kits are maintained and ready to use; the
17		placement of a minimum level of liability insurance as
18		determined by the Department; procedures for the availability
19		of a working telephone that is onsite and accessible at all
20		times; procedures to ensure that emergency phone numbers are
21		posted onsite; and a restriction on handgun or weapon
22		possession onsite, except if possessed by a peace officer, (5)
23		perform and maintain authorization and results of criminal
24		history checks through the Illinois State Police and FBI and
25		checks of the Illinois Sex Offender Registry, the National Sex
26		Offender Registry, and Child Abuse and Neglect Tracking System

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1		for employees and volunteers who work directly with children,
2		(6) make hiring decisions in accordance with the prohibitions
3		against barrier crimes as specified in Section 4.2 of this Act
4		or in Section 21B-80 of the School Code, (7) provide parents
5		with written disclosure that the operations of the program are
6		not regulated by licensing requirements, and (8) obtain and
7		maintain records showing the first and last name and date of
8		birth of the child, name, address, and telephone number of each
9		parent, emergency contact information, and written
10		authorization for medical care.
11		Programs or portions of programs requesting Child Care
12		Assistance Program (CCAP) funding and otherwise meeting the
13		requirements under (j) shall request exemption from the
14		Department and be determined exempt prior to receiving funding
15		and must annually meet the eligibility requirements and be
16		appropriate for payment under the CCAP.
17		Programs or portions of programs under (j) that do not
18		receive State or federal funds must comply with staff
19		qualification and training standards established by rule by the
20		Department of Human Services. The Department of Human Services
21		shall set such standards after review of Afterschool for
22		Children and Teens Now (ACT Now) evidence-based quality
23		standards developed for school-age out-of-school time
24		programs, feedback from the school-age out-of-school time
25		program professionals, and review of out-of-school time
26		professional development frameworks and quality tools.

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1		Out-of-school time programs for school-age youth that
2		receive State or federal funds must comply with only those
3		staff qualifications and training standards set for the program
4		by the State or federal entity issuing the funds.
5		For purposes of (a), (b), (c), (d) and (i) of this Section,
6		"children who shall have attained the age of 3 years" shall
7		mean children who are 3 years of age, but less than 4 years of
8		age, at the time of enrollment in the program.
9		(Source: P.A. 99-143, eff. 7-27-15.)
10		(225 ILCS 10/3) (from Ch. 23, par. 2213)
11		Sec. 3. (a) No person, group of persons or corporation may
12		operate or conduct any facility for child care, as defined in
13		this Act, without a license or permit issued by the Department
14		or without being approved by the Department as meeting the
15		standards established for such licensing, with the exception of
16		facilities for whom standards are established by the Department
17		of Corrections under Section 3-15-2 of the Unified Code of
18		Corrections and with the exception of facilities defined in
19		Section 2.10 of this Act, and with the exception of programs or
20		facilities licensed by the Department of Human Services under
21		the Alcoholism and Other Drug Abuse and Dependency Act.
22		(b) No part day child care facility as described in Section
23		2.10 may operate without written notification to the Department
24		or without complying with Section 7.1. Notification shall
25		include a notarized statement by the facility that the facility

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1		complies with state or local health standards and state fire
2		safety standards, and shall be filed with the department every
3		2 years.
4		(c) The Director of the Department shall establish policies
5		and coordinate activities relating to child care licensing,
6		licensing of day care homes and day care centers.
7		(d) Any facility or agency which is exempt from licensing
8		may apply for licensing if licensing is required for some
9		government benefit.
10		(e) A provider of day care described in items (a) through
11		(j) of Section 2.09 of this Act is exempt from licensure. The
12		Department shall provide written verification of exemption and
13		description of compliance with standards for the health,
14		safety, and development of the children who receive the
15		services upon submission by the provider of, in addition to any
16		other documentation required by the Department, a notarized
17		statement that the facility complies with: (1) the standards of
18		the Department of Public Health or local health department, (2)
19		the fire safety standards of the State Fire Marshal, and (3) if
20		operated in a public school building, the health and safety
21		standards of the State Board of Education.
22		(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)