Rep. Suzanne M. Ness
Filed: 3/7/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 2474 




2 AMENDMENT NO. ______. Amend House Bill 2474 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Child Care Act of 1969 is amended by 
5changing Section 7 as follows:



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



7 Sec. 7. (a) The Department must prescribe and publish 
8minimum standards
for licensing that apply to the various 
9types of facilities for child care
defined in this Act and that 
10are equally applicable to like institutions
under the control 
11of the Department and to foster family homes used by and
under 
12the direct supervision of the Department. The Department shall 
13seek
the advice and assistance of persons representative of 
14the various types of
child care facilities in establishing 
15such standards. The standards
prescribed and published under 
16this Act take effect as provided in the
Illinois 
 
 
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1Administrative Procedure Act, and are restricted to

2regulations pertaining to the following matters and to any 
3rules and regulations required or permitted by any other 
4Section of this Act:

5  (1) The operation and conduct of the facility and 
6 responsibility it
assumes for child care;

7  (2) The character, suitability and qualifications of 
8 the applicant and
other persons directly responsible for 
9 the care and welfare of children
served. All child day 
10 care center licensees and employees who are required
to

11 report child abuse or neglect under the Abused and 
12 Neglected Child Reporting
Act shall be required to attend 
13 training on recognizing child abuse and
neglect, as 
14 prescribed by Department rules;

15  (3) The general financial ability and competence of 
16 the applicant to
provide necessary care for children and 
17 to maintain prescribed standards;

18  (4) The number of individuals or staff required to 
19 insure adequate
supervision and care of the children 
20 received. The standards shall provide
that each child care 
21 institution, maternity center, day care center,
group 
22 home, day care home, and group day care home shall have on 
23 its
premises during its hours of operation at
least one 
24 staff member certified in first aid, in the Heimlich 
25 maneuver and
in cardiopulmonary resuscitation by the 
26 American Red Cross or other
organization approved by rule 
 
 
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1 of the Department. Child welfare agencies
shall not be 
2 subject to such a staffing requirement. The Department may

3 offer, or arrange for the offering, on a periodic basis in 
4 each community
in this State in cooperation with the 
5 American Red Cross, the American
Heart Association or 
6 other appropriate organization, voluntary programs to

7 train operators of foster family homes and day care homes 
8 in first aid and
cardiopulmonary resuscitation;

9  (5) The appropriateness, safety, cleanliness, and 
10 general adequacy of the
premises, including maintenance of 
11 adequate fire prevention and health
standards conforming 
12 to State laws and municipal codes to provide for the

13 physical comfort, care, and well-being of children 
14 received;

15  (6) Provisions for food, clothing, educational 
16 opportunities, program,
equipment and individual supplies 
17 to assure the healthy physical, mental,
and spiritual 
18 development of children served;

19  (7) Provisions to safeguard the legal rights of 
20 children served;

21  (8) Maintenance of records pertaining to the 
22 admission, progress, health,
and discharge of children, 
23 including, for day care centers and day care
homes, 
24 records indicating each child has been immunized as 
25 required by State
regulations. The Department shall 
26 require proof that children enrolled in
a facility have 
 
 
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1 been immunized against Haemophilus Influenzae B (HIB);

2  (9) Filing of reports with the Department;

3  (10) Discipline of children;

4  (11) Protection and fostering of the particular

5 religious faith of the children served;

6  (12) Provisions prohibiting firearms on day care 
7 center premises
except in the possession of peace 
8 officers;

9  (13) Provisions prohibiting handguns on day care home 
10 premises except in
the possession of peace officers or 
11 other adults who must possess a handgun
as a condition of 
12 employment and who reside on the premises of a day care 
13 home;

14  (14) Provisions requiring that any firearm permitted 
15 on day care home
premises, except handguns in the 
16 possession of peace officers, shall be
kept in a 
17 disassembled state, without ammunition, in locked storage,

18 inaccessible to children and that ammunition permitted on 
19 day care home
premises shall be kept in locked storage 
20 separate from that of disassembled
firearms, inaccessible 
21 to children;

22  (15) Provisions requiring notification of parents or 
23 guardians enrolling
children at a day care home of the 
24 presence in the day care home of any
firearms and 
25 ammunition and of the arrangements for the separate, 
26 locked
storage of such firearms and ammunition;

 
 
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1  (16) Provisions requiring all licensed child care 
2 facility employees who care for newborns and infants to 
3 complete training every 3 years on the nature of sudden 
4 unexpected infant death (SUID), sudden infant death 
5 syndrome (SIDS), and the safe sleep recommendations of the 
6 American Academy of Pediatrics; and 
7  (17) With respect to foster family homes, provisions 
8 requiring the Department to review quality of care 
9 concerns and to consider those concerns in determining 
10 whether a foster family home is qualified to care for 
11 children. 
12 By July 1, 2022, all licensed day care home providers, 
13licensed group day care home providers, and licensed day care 
14center directors and classroom staff shall participate in at 
15least one training that includes the topics of early childhood 
16social emotional learning, infant and early childhood mental 
17health, early childhood trauma, or adverse childhood 
18experiences. Current licensed providers, directors, and 
19classroom staff shall complete training by July 1, 2022 and 
20shall participate in training that includes the above topics 
21at least once every 3 years. 
22 (b) If, in a facility for general child care, there are 
23children
diagnosed as mentally ill or children diagnosed as 
24having an intellectual or physical disability, who
are 
25determined to be in need of special mental treatment or of 
26nursing
care, or both mental treatment and nursing care, the 
 
 
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1Department shall seek
the advice and recommendation of the 
2Department of Human Services,
the Department of Public Health, 
3or both
Departments regarding the residential treatment and 
4nursing care provided
by the institution.

5 (c) The Department shall investigate any person applying 
6to be
licensed as a foster parent to determine whether there is 
7any evidence of
current drug or alcohol abuse in the 
8prospective foster family. The
Department shall not license a 
9person as a foster parent if drug or alcohol
abuse has been 
10identified in the foster family or if a reasonable suspicion

11of such abuse exists, except that the Department may grant a 
12foster parent
license to an applicant identified with an 
13alcohol or drug problem if the
applicant has successfully 
14participated in an alcohol or drug treatment
program, 
15self-help group, or other suitable activities and if the 
16Department determines that the foster family home can provide 
17a safe, appropriate environment and meet the physical and 
18emotional needs of children.

19 (d) The Department, in applying standards prescribed and 
20published, as
herein provided, shall offer consultation 
21through employed staff or other
qualified persons to assist 
22applicants and licensees in meeting and
maintaining minimum 
23requirements for a license and to help them otherwise
to 
24achieve programs of excellence related to the care of children 
25served.
Such consultation shall include providing information 
26concerning education
and training in early childhood 
 
 
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1development to providers of day care home
services. The 
2Department may provide or arrange for such education and

3training for those providers who request such assistance.

4 (e) The Department shall distribute copies of licensing

5standards to all licensees and applicants for a license. Each 
6licensee or
holder of a permit shall distribute copies of the 
7appropriate licensing
standards and any other information 
8required by the Department to child
care facilities under its 
9supervision. Each licensee or holder of a permit
shall 
10maintain appropriate documentation of the distribution of the

11standards. Such documentation shall be part of the records of 
12the facility
and subject to inspection by authorized 
13representatives of the Department.

14 (f) The Department shall prepare summaries of day care 
15licensing
standards. Each licensee or holder of a permit for a 
16day care facility
shall distribute a copy of the appropriate 
17summary and any other
information required by the Department, 
18to the legal guardian of each child
cared for in that facility 
19at the time when the child is enrolled or
initially placed in 
20the facility. The licensee or holder of a permit for a
day care 
21facility shall secure appropriate documentation of the

22distribution of the summary and brochure. Such documentation 
23shall be a
part of the records of the facility and subject to 
24inspection by an
authorized representative of the Department.

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

26holder of a permit copies of the licensing or permit standards 
 
 
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1applicable
to such person's facility. Each licensee or holder 
2of a permit shall make
available by posting at all times in a 
3common or otherwise accessible area
a complete and current set 
4of licensing standards in order that all
employees of the 
5facility may have unrestricted access to such standards.
All 
6employees of the facility shall have reviewed the standards 
7and any
subsequent changes. Each licensee or holder of a 
8permit shall maintain
appropriate documentation of the current 
9review of licensing standards by
all employees. Such records 
10shall be part of the records of the facility
and subject to 
11inspection by authorized representatives of the Department.

12 (h) Any standards involving physical examinations, 
13immunization,
or medical treatment shall include appropriate 
14exemptions for children
whose parents object thereto on the 
15grounds that they conflict with the
tenets and practices of a 
16recognized church or religious organization, of
which the 
17parent is an adherent or member, and for children who should 
18not
be subjected to immunization for clinical reasons.

19 (i) The Department, in cooperation with the Department of 
20Public Health, shall work to increase immunization awareness 
21and participation among parents of children enrolled in day 
22care centers and day care homes by publishing on the 
23Department's website information about the benefits of 
24immunization against vaccine preventable diseases, including 
25influenza and pertussis. The information for vaccine 
26preventable diseases shall include the incidence and severity 
 
 
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1of the diseases, the availability of vaccines, and the 
2importance of immunizing children and persons who frequently 
3have close contact with children. The website content shall be 
4reviewed annually in collaboration with the Department of 
5Public Health to reflect the most current recommendations of 
6the Advisory Committee on Immunization Practices (ACIP). The 
7Department shall work with day care centers and day care homes 
8licensed under this Act to ensure that the information is 
9annually distributed to parents in August or September.
10 (j) Any standard adopted by the Department that requires 
11an applicant for a license to operate a day care home to 
12include a copy of a high school diploma or equivalent 
13certificate with his or her application shall be deemed to be 
14satisfied if the applicant includes a copy of a high school 
15diploma or equivalent certificate or a copy of a degree from an 
16accredited institution of higher education or vocational 
17institution or equivalent certificate.
18 (k) As soon as practical after the effective date of this 
19amendatory Act of the 103rd General Assembly, the Department 
20shall amend its rules establishing licensing standards for 
21group day care homes to revise the maximum authorized extended 
22capacity of group day care homes. The revised maximum extended 
23capacity rules adopted by the Department in its amended rules 
24shall, at a minimum, allow one caregiver and 2 full-time 
25assistants for 2 additional children who are 30 months of age 
26and older, as well as 2 additional children who are attending 
 
 
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1school full-time, notwithstanding any other provision of this 
2Act. The revised rules shall also provide that the second 
3full-time assistant shall be present at all times when there 
4are more than 12 children in the home and shall prohibit the 
5total capacity of the group day care home from exceeding 16 
6children. 
7(Source: P.A. 102-4, eff. 4-27-21.)



8 Section 99. Effective date. This Act takes effect upon 
9becoming law.".