Bill Amendment: IL HB5099 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DEC-DAY CARE CRIMINAL CHECKS

Status: 2026-06-18 - Sent to the Governor [HB5099 Detail]

Download: Illinois-2025-HB5099-House_Amendment_001.html

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Rep. Joyce Mason

Filed: 3/18/2026

 

 

 

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AMENDMENT TO HOUSE BILL 5099
AMENDMENT NO. ______. Amend House Bill 5099 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Identification Act is amended by
changing Section 2.1 and by adding Section 3.4 as follows:
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
(Text of Section before amendment by P.A. 104-459)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Illinois State Police, it is
necessary for all policing bodies of this State, the clerk of
the circuit court, the Illinois Department of Corrections, the
sheriff of each county, and State's Attorney of each county to
submit certain criminal arrest, charge, and disposition
information to the Illinois State Police for filing at the
earliest time possible. Unless otherwise noted herein, it
shall be the duty of all policing bodies of this State, the

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clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's
Attorney of each county to report such information as provided
in this Section, both in the form and manner required by the
Illinois State Police and within 30 days of the criminal
history event. Specifically:
(a) Arrest Information. All agencies making arrests
for offenses which are required by statute to be
collected, maintained or disseminated by the Illinois
State Police shall be responsible for furnishing daily to
the Illinois State Police fingerprints, charges and
descriptions of all persons who are arrested for such
offenses. All such agencies shall also notify the Illinois
State Police of all decisions by the arresting agency not
to refer such arrests for prosecution. With approval of
the Illinois State Police, an agency making such arrests
may enter into arrangements with other agencies for the
purpose of furnishing daily such fingerprints, charges and
descriptions to the Illinois State Police upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Illinois State Police of all
charges filed and all petitions filed alleging that a
minor is delinquent, including all those added subsequent
to the filing of a case, and whether charges were not filed
in cases for which the Illinois State Police has received
information required to be reported pursuant to paragraph

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(a) of this Section. With approval of the Illinois State
Police, the State's Attorney may enter into arrangements
with other agencies for the purpose of furnishing the
information required by this subsection (b) to the
Illinois State Police upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Illinois State
Police, in the form and manner required by the Supreme
Court, with all final dispositions of cases for which the
Illinois State Police has received information required to
be reported pursuant to paragraph (a) or (d) of this
Section. Such information shall include, for each charge,
all (1) judgments of not guilty, judgments of guilty
including the sentence pronounced by the court with
statutory citations to the relevant sentencing provision,
findings that a minor is delinquent and any sentence made
based on those findings, discharges and dismissals in the
court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) continuances to a
date certain in furtherance of an order of supervision
granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section
10 of the Cannabis Control Act, Section 410 of the

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Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use
Disorder Act, Section 10 of the Steroid Control Act, or
Section 5-615 of the Juvenile Court Act of 1987; (4)
judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation,
supervision or conditional discharge and any resentencing
or new court orders entered by a juvenile court relating
to the disposition of a minor's case involving delinquency
after such revocation; and (5) in any case in which a
firearm is alleged to have been used in the commission of
an offense, the serial number of any firearm involved in
the case, or if the serial number was obliterated, as
provided by the State's Attorney to the clerk of the
circuit court at the time of disposition.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the

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Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, Section 10 of
the Steroid Control Act, or Section 5-615 of the
Juvenile Court Act of 1987 for any offense which is
required by statute to be collected, maintained, or
disseminated by the Illinois State Police, the State's
Attorney of each county shall ask the court to order a
law enforcement agency to fingerprint immediately all
persons appearing before the court who have not
previously been fingerprinted for the same case. The
court shall so order the requested fingerprinting, if
it determines that any such person has not previously
been fingerprinted for the same case. The law
enforcement agency shall submit such fingerprints to
the Illinois State Police daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Illinois State Police, the prosecuting attorney
may ask the court to order a law enforcement agency to
fingerprint immediately all persons appearing before

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the court who have not previously been fingerprinted
for the same case. The court may so order the requested
fingerprinting, if it determines that any so sentenced
person has not previously been fingerprinted for the
same case. The law enforcement agency may retain such
fingerprints in its files.
(e) Corrections Information. The Illinois Department
of Corrections and the sheriff of each county shall
furnish the Illinois State Police with all information
concerning the receipt, escape, execution, death, release,
pardon, parole, commutation of sentence, granting of
executive clemency or discharge of an individual who has
been sentenced or committed to the agency's custody for
any offenses which are mandated by statute to be
collected, maintained or disseminated by the Illinois
State Police. For an individual who has been charged with
any such offense and who escapes from custody or dies
while in custody, all information concerning the receipt
and escape or death, whichever is appropriate, shall also
be so furnished to the Illinois State Police.
(f) Confidentiality of information. Information
reported to the Illinois State Police under this Act is
confidential and shall not be released unless expressly
permitted by State or federal law.
(Source: P.A. 104-5, eff. 1-1-26.)

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(Text of Section after amendment by P.A. 104-459)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Illinois State Police, it is
necessary for all policing bodies of this State, the clerk of
the circuit court, the Illinois Department of Corrections, the
sheriff of each county, and State's Attorney of each county to
submit certain criminal arrest, charge, and disposition
information to the Illinois State Police for filing at the
earliest time possible. Unless otherwise noted herein, it
shall be the duty of all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's
Attorney of each county to report such information as provided
in this Section, both in the form and manner required by the
Illinois State Police and within 30 days of the criminal
history event. Specifically:
(a) Arrest Information. All agencies making arrests
for offenses which are required by statute to be
collected, maintained or disseminated by the Illinois
State Police shall be responsible for furnishing daily to
the Illinois State Police fingerprints, charges and
descriptions of all persons who are arrested for such
offenses. All such agencies shall also notify the Illinois
State Police of all decisions by the arresting agency not
to refer such arrests for prosecution. With approval of
the Illinois State Police, an agency making such arrests

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may enter into arrangements with other agencies for the
purpose of furnishing daily such fingerprints, charges and
descriptions to the Illinois State Police upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Illinois State Police of all
charges filed and all petitions filed alleging that a
minor is delinquent, including all those added subsequent
to the filing of a case, and whether charges were not filed
in cases for which the Illinois State Police has received
information required to be reported pursuant to paragraph
(a) of this Section. With approval of the Illinois State
Police, the State's Attorney may enter into arrangements
with other agencies for the purpose of furnishing the
information required by this subsection (b) to the
Illinois State Police upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Illinois State
Police, in the form and manner required by the Supreme
Court, with all final dispositions of cases for which the
Illinois State Police has received information required to
be reported pursuant to paragraph (a) or (d) of this
Section. Such information shall include, for each charge,
all (1) judgments of not guilty, judgments of guilty
including the sentence pronounced by the court with
statutory citations to the relevant sentencing provision,
findings that a minor is delinquent and any sentence made

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based on those findings, discharges and dismissals in the
court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) continuances to a
date certain in furtherance of an order of supervision
granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section
10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use
Disorder Act, Section 10 of the Steroid Control Act, or
Section 5-615 of the Juvenile Court Act of 1987; (4)
judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation,
supervision or conditional discharge, judgment or court
orders of discharge from probation or conditional
discharge, and any resentencing or new court orders
entered by a juvenile court relating to the disposition of
a minor's case involving delinquency after such
revocation; and (5) in any case in which a firearm is

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alleged to have been used in the commission of an offense,
the serial number of any firearm involved in the case, or
if the serial number was obliterated, as provided by the
State's Attorney to the clerk of the circuit court at the
time of disposition. The Illinois State Police may provide
reports of cases with missing disposition information to
the clerk of the circuit court. Each clerk of the circuit
court receiving a report of cases with missing disposition
information shall respond within 30 days after receiving
the report unless the volume of records in the report
renders that timeline impracticable.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, Section 10 of
the Steroid Control Act, or Section 5-615 of the
Juvenile Court Act of 1987 for any offense which is

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required by statute to be collected, maintained, or
disseminated by the Illinois State Police, the State's
Attorney of each county shall ask the court to order a
law enforcement agency to fingerprint immediately all
persons appearing before the court who have not
previously been fingerprinted for the same case. The
court shall so order the requested fingerprinting, if
it determines that any such person has not previously
been fingerprinted for the same case. The law
enforcement agency shall submit such fingerprints to
the Illinois State Police daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Illinois State Police, the prosecuting attorney
may ask the court to order a law enforcement agency to
fingerprint immediately all persons appearing before
the court who have not previously been fingerprinted
for the same case. The court may so order the requested
fingerprinting, if it determines that any so sentenced
person has not previously been fingerprinted for the
same case. The law enforcement agency may retain such
fingerprints in its files.
(e) Corrections Information. The Illinois Department
of Corrections and the sheriff of each county shall

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furnish the Illinois State Police with all information
concerning the receipt, escape, execution, death, release,
pardon, parole, commutation of sentence, granting of
executive clemency or discharge of an individual who has
been sentenced or committed to the agency's custody for
any offenses which are mandated by statute to be
collected, maintained or disseminated by the Illinois
State Police. For an individual who has been charged with
any such offense and who escapes from custody or dies
while in custody, all information concerning the receipt
and escape or death, whichever is appropriate, shall also
be so furnished to the Illinois State Police.
(f) Any entity required to report information
concerning criminal arrests, charges, and dispositions
pursuant to Section 2.1 or 5 of this Act shall respond to
any notice advising the entity of missing or incomplete
information or an error in the reporting of the
information as follows:
(1) Responses shall be made within 30 days after
the notice from the Illinois State Police unless the
volume of records in the report renders that timeline
impracticable.
(2) Responses shall include the missing or
incomplete information, correction of the error or an
explanation detailing the reason the information
cannot be provided or corrected, and an estimated

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timeframe for compliance.
(g) Confidentiality of information. Information
reported to the Illinois State Police under this Act is
confidential and shall not be released unless expressly
permitted by State or federal law.
(Source: P.A. 104-5, eff. 1-1-26; 104-459, eff. 6-1-26.)
(20 ILCS 2630/3.4 new)
Sec. 3.4. Criminal history background checks for qualified
entities.
(a) The National Child Protection Act of 1993, as amended
by the Volunteers for Children Act and the Child Protection
Improvements Act of 2018, authorizes states to allow
nationwide background checks for individuals who have access
to children through qualified entities, including businesses
and organizations under contract with qualified entities to
work with vulnerable populations. It is hereby declared as a
matter of legislative determination that in order to promote
and protect the health, safety, and welfare of children, the
elderly, and individuals with disabilities, it is necessary
and in the public interest to allow nationwide background
checks as authorized by the National Child Protection Act of
1993, as amended by the Volunteers for Children Act and the
Child Protection Improvements Act of 2018.
(b) As used in this Section:
"Applicant" includes any person who:

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(1) is employed by or seeks employment with a
qualified entity;
(2) is licensed or seeks licensure with a qualified
entity;
(3) volunteers or seeks to volunteer with a qualified
entity; or
(4) is contracted with or seeks to contract with a
qualified entity to provide care or care placement
services.
"Care" means the provision of care, treatment, education,
training, instruction, supervision, or recreation to children,
the elderly, or individuals with disabilities.
"Qualified entity" means a business or organization,
whether public, private, operated for profit, operated not for
profit, or voluntary, which provides care or care placement
services, including a business, organization, or governmental
agency that licenses or certifies others to provide care or
care placement services for children, the elderly, or
individuals with disabilities.
(c) The Illinois State Police shall conduct a State and
national criminal history background check on an applicant if
a qualified entity submits:
(1) a request to the Illinois State Police to perform
a State and national background check on the applicant in
a form and manner prescribed by the Illinois State Police,
which includes a statement containing the name, address,

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and date of birth appearing on a valid identification card
or document issued by the State to the applicant;
(2) a waiver on a form approved by the Illinois State
Police that is signed by the applicant allowing the
release of the State and national criminal history record
information to the qualified entity;
(3) the applicant's fingerprints in an electronic
format that complies with the form and manner for
requesting and furnishing criminal history record
information prescribed by the Illinois State Police; and
(4) any fee prescribed by the Illinois State Police.
(d) The Illinois State Police may charge a fee for
conducting a background check under this Section. The fee
shall be deposited into the State Police Services Fund and
shall not exceed the actual cost of the records check.
(e) The Illinois State Police shall ensure that the
applicant is provided written notice of the applicant's right
to obtain a copy of all records that the Illinois State Police
shall provide to the qualified entity. If the Illinois State
Police receives notice from the applicant that the applicant
wants a copy of the records provided to the qualified entity,
then the Illinois State Police shall provide the applicant
with a copy of all the records that the Illinois State Police
provided to the qualified entity.
(f) The Illinois State Police shall ensure that the
applicant is provided written notice of the applicant's right

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to challenge any records that the Illinois State Police shall
provide to the qualified entity and the procedures for
correcting or updating the records. The Illinois State Police
shall make a determination of the validity of a challenge
concerning Illinois records made by the applicant. If the
Illinois State Police determines that the Illinois records
provided to a qualified entity were inaccurate, then the
Illinois State Police shall provide updated records to the
qualified entity and the applicant.
(g) A criminal background check conducted under this
Section does not constitute compliance with any background
check required by law.
(h) Upon positive identification, the Illinois State
Police shall provide the qualified entity with records of the
applicant's conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision, conditional
discharge, or first offender probation, under the laws of any
jurisdiction of the United States that is a felony or crime
directly related to providing care.
(i) Nothing in this Section shall be interpreted to
require the Illinois State Police to make an eligibility
determination on behalf of any qualified entity.
(j) Any information received by a qualified entity under
this Section shall be used solely for internal purposes in

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determining the suitability of an applicant. The dissemination
of criminal history information from the Federal Bureau of
Investigation beyond the authorized state agency or qualified
entity is prohibited. All criminal record check information
shall be confidential.
(k) Nothing in this Section shall be interpreted to expand
a government agency's or qualified entity's authority to
access juvenile, sealed, or expunged records as established by
State and federal law.
(l) Fingerprints submitted under this Section shall be
transmitted through a livescan fingerprint vendor licensed by
the Department of Financial and Professional Regulation. The
fingerprints submitted under this Section shall be checked
against the records, now and hereafter filed, in the Illinois
State Police and Federal Bureau of Investigation criminal
history databases, including, but not limited to, civil,
criminal, and latent fingerprint databases. The fingerprints
shall be checked against the records in the Illinois State
Police databases prior to being submitted to the Federal
Bureau of Investigation.
(m) Contractors who have or seek to have a contract with a
qualified entity to provide care or care placement services
meet the definition of "employed by" for the purposes of the
National Child Protection Act of 1993, as amended by the
Volunteers for Children Act and the Child Protection
Improvements Act of 2018.

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(n) The Illinois State Police may adopt rules to implement
this Section.
Section 10. The Child Care Act of 1969 is amended by
changing Section 4.1 as follows:
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
(Text of Section before amendment by P.A. 103-594)
Sec. 4.1. Criminal background investigations.
(a) In this Section, "third-party vendor" means a
third-party fingerprinting vendor who is licensed by the
Department of Financial and Professional Regulation and
regulated by 68 Ill. Adm. Code 1240.600.
(b) The Department shall require that each child care
facility license applicant as part of the application process,
and each employee and volunteer of a child care facility or
non-licensed service provider, as a condition of employment,
authorize an investigation to determine if such applicant,
employee, or volunteer has ever been charged with a crime and
if so, the disposition of those charges; this authorization
shall indicate the scope of the inquiry and the agencies which
may be contacted. An employee or volunteer of a day care
center, day care home, or group day care home shall authorize
an investigation every 5 years, as required under the Child
Care and Development Block Grant. A child care facility,
non-licensed service provider, day care center, group day care

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home, or day care home may authorize the Department or a
third-party vendor to collect fingerprints for the
investigation. If a third-party vendor is used for
fingerprinting, then the child care facility, non-licensed
service provider, day care center, group day care home, or day
care home shall pay the third-party vendor for that service
directly. If a child care facility, non-licensed service
provider, day care center, group day care home, or day care
home authorizes the Department or a third-party vendor to
collect fingerprints for the investigation, the Director shall
request and receive information and assistance from any
federal, State, or local governmental agency as part of the
authorized investigation. Each applicant, employee, or
volunteer of a child care facility or non-licensed service
provider shall submit the applicant's, employee's, or
volunteer's fingerprints to the Illinois State Police in the
form and manner prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and
Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
State Police shall provide information concerning any criminal
charges, and their disposition, now or hereafter filed,

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against an applicant, employee, or volunteer of a child care
facility or non-licensed service provider upon request of the
Department of Children and Family Services when the request is
made in the form and manner required by the Illinois State
Police.
Information concerning convictions of a license applicant,
employee, or volunteer of a child care facility or
non-licensed service provider investigated under this Section,
including the source of the information and any conclusions or
recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or
volunteer of a child care facility or non-licensed service
provider prior to final action by the Department on the
application. State conviction information provided by the
Illinois State Police regarding employees, prospective
employees, or volunteers of non-licensed service providers and
child care facilities licensed under this Act shall be
provided to the operator of such facility, and, upon request,
to the employee, prospective employee, or volunteer of a child
care facility or non-licensed service provider. Any
information concerning criminal charges and the disposition of
such charges obtained by the Department shall be confidential
and may not be transmitted outside the Department, except as
required herein, and may not be transmitted to anyone within
the Department except as needed for the purpose of evaluating
an application or an employee or volunteer of a child care

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facility or non-licensed service provider. Only information
and standards which bear a reasonable and rational relation to
the performance of a child care facility shall be used by the
Department or any licensee. Any employee of the Department of
Children and Family Services, Illinois State Police, or a
child care facility receiving confidential information under
this Section who gives or causes to be given any confidential
information concerning any criminal convictions of an
applicant, employee, or volunteer of a child care facility or
non-licensed service provider, shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this Section.
The Department of Children and Family Services, through
June 30, 2026, or the Department of Early Childhood, on and
after July 1, 2026, shall allow day care centers, day care
homes, and group day care homes to hire, on a probationary
basis, any employee or volunteer authorizing a criminal
background investigation under this Section after receiving a
qualifying result, as determined by the Department of Children
and Family Services or the Department of Early Childhood,
whichever is applicable, pursuant to this Act, from either:
(1) the Federal Bureau of Investigation fingerprint
criminal background check; or
(2) the Illinois State Police fingerprint criminal
background check and a criminal record check of the
criminal repository of each state in which the employee or

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volunteer resided during the preceding 5 years.
Pending full clearance of all background check
requirements, the prospective employee or volunteer must be
supervised at all times by an individual who received a
qualifying result on all background check components.
Employees and volunteers of a day care center, day care home,
or group day care home shall be notified prior to hiring that
such employment may be terminated on the basis of criminal
background information obtained by the facility.
(Source: P.A. 103-22, eff. 8-8-23; 103-1072, eff. 1-1-26;
104-307, eff. 1-1-26; revised 10-27-25.)
(Text of Section after amendment by P.A. 103-594)
Sec. 4.1. Criminal background investigations.
(a) In this Section, "third-party vendor" means a
third-party fingerprinting vendor who is licensed by the
Department of Financial and Professional Regulation and
regulated by 68 Ill. Adm. Code 1240.600.
(b) The Department of Children and Family Services or the
Department of Early Childhood shall require that each child
care facility license applicant under the agencies' respective
authority as part of the application process, and each
employee and volunteer of a child care facility or
non-licensed service provider, as a condition of employment,
authorize an investigation to determine if such applicant,
employee, or volunteer has ever been charged with a crime and

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if so, the disposition of those charges; this authorization
shall indicate the scope of the inquiry and the agencies which
may be contacted. An employee or volunteer of a day care
center, day care home, or group day care home shall authorize
an investigation every 5 years, as required under the Child
Care and Development Block Grant. A child care facility,
non-licensed service provider, day care center, group day care
home, or day care home may authorize the Department of
Children and Family Services, the Department of Early
Childhood, or a third-party vendor to collect fingerprints for
the investigation. If a third-party vendor is used for
fingerprinting, then the child care facility, non-licensed
service provider, day care center, group day care home, or day
care home shall pay the third-party vendor for that service
directly. If a child care facility, non-licensed service
provider, day care center, group day care home, or day care
home authorizes the Department of Children and Family
Services, the Department of Early Childhood, or a third-party
vendor to collect fingerprints for the investigation, the
Director of Children and Family Services or the Secretary of
Early Childhood shall request and receive information and
assistance from any federal, State, or local governmental
agency as part of the authorized investigation. Each
applicant, employee, or volunteer of a child care facility or
non-licensed service provider shall submit the applicant's,
employee's, or volunteer's fingerprints to the Illinois State

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Police in the form and manner prescribed by the Illinois State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
State Police and Federal Bureau of Investigation criminal
history records databases. The Illinois State Police shall
charge a fee for conducting the criminal history records
check, which shall be deposited into in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The Illinois State Police shall provide
information concerning any criminal charges, and their
disposition, now or hereafter filed, against an applicant,
employee, or volunteer of a child care facility or
non-licensed service provider upon request of the Department
of Children and Family Services or the Department of Early
Childhood when the request is made in the form and manner
required by the Illinois State Police.
Information concerning convictions of a license applicant,
employee, or volunteer of a child care facility or
non-licensed service provider investigated under this Section,
including the source of the information and any conclusions or
recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or
volunteer of a child care facility or non-licensed service
provider prior to final action by the Department of Children
and Family Services or the Department of Early Childhood under
the agencies' respective authority on the application. State

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conviction information provided by the Illinois State Police
regarding employees, prospective employees, or volunteers of
non-licensed service providers and child care facilities
licensed under this Act shall be provided to the operator of
such facility, and, upon request, to the employee, prospective
employee, or volunteer of a child care facility or
non-licensed service provider. Any information concerning
criminal charges and the disposition of such charges obtained
by the Department of Children and Family Services or the
Department of Early Childhood shall be confidential and may
not be transmitted outside the Department of Children and
Family Services or the Department of Early Childhood, except
as required herein, and may not be transmitted to anyone
within the Department of Children and Family Services or the
Department of Early Childhood except as needed for the purpose
of evaluating an application or an employee or volunteer of a
child care facility or non-licensed service provider. Only
information and standards which bear a reasonable and rational
relation to the performance of a child care facility shall be
used by the Department of Children and Family Services or the
Department of Early Childhood or any licensee. Any employee of
the Department of Children and Family Services, Department of
Early Childhood, Illinois State Police, or a child care
facility receiving confidential information under this Section
who gives or causes to be given any confidential information
concerning any criminal convictions of an applicant, employee,

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or volunteer of a child care facility or non-licensed service
provider, shall be guilty of a Class A misdemeanor unless
release of such information is authorized by this Section.
The Department of Children and Family Services, through
June 30, 2027 2026, or the Department of Early Childhood, on
and after July 1, 2027 2026, shall allow day care centers, day
care homes, and group day care homes to hire, on a probationary
basis, any employee or volunteer authorizing a criminal
background investigation under this Section after receiving a
qualifying result, as determined by the Department of Children
and Family Services or the Department of Early Childhood,
whichever is applicable, pursuant to this Act, from either:
(1) the Federal Bureau of Investigation fingerprint
criminal background check; or
(2) the Illinois State Police fingerprint criminal
background check and a criminal record check of the
criminal repository of each state in which the employee or
volunteer resided during the preceding 5 years.
Pending full clearance of all background check
requirements, the prospective employee or volunteer must be
supervised at all times by an individual who received a
qualifying result on all background check components.
Employees and volunteers of a day care center, day care home,
or group day care home shall be notified prior to hiring that
such employment may be terminated on the basis of criminal
background information obtained by the facility.

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Beginning July 1, 2027, the authority and responsibility
to conduct a fingerprint-based criminal history check on
providers of day care at day care centers defined under
Section 2.09, part day child care facilities defined under
Section 2.10, day care homes defined under Section 2.18, and
group day care homes defined under Section 2.20 shall transfer
to the Department of Early Childhood in accordance with
Section 80-5 of the Department of Early Childhood Act.
(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised
10-27-25.)
Section 15. The Department of Early Childhood Act is
amended by changing Sections 10-15 and 20-25 as follows:
(325 ILCS 3/10-15)
Sec. 10-15. Definitions. As used in this Act:
(a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
(1) Developmental delays.
(2) A physical or mental condition which typically
results in developmental delay.
(3) Being at risk of having substantial developmental
delays based on informed clinical opinion.
(4) Either (A) having entered the program under any of

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the circumstances listed in paragraphs (1) through (3) of
this subsection but no longer meeting the current
eligibility criteria under those paragraphs, and
continuing to have any measurable delay, or (B) not having
attained a level of development in each area, including
(i) cognitive, (ii) physical (including vision and
hearing), (iii) language, speech, and communication, (iv)
social or emotional, or (v) adaptive, that is at least at
the mean of the child's age equivalent peers; and, in
addition to either item (A) or item (B), (C) having been
determined by the multidisciplinary individualized family
service plan team to require the continuation of early
intervention services in order to support continuing
developmental progress, pursuant to the child's needs and
provided in an appropriate developmental manner. The type,
frequency, and intensity of services shall differ from the
initial individualized family services plan because of the
child's developmental progress, and may consist of only
service coordination, evaluation, and assessments.
"Eligible infants and toddlers" includes any child under
the age of 3 who is the subject of a substantiated case of
child abuse or neglect as defined in the federal Child Abuse
Prevention and Treatment Act.
(b) "Developmental delay" means a delay in one or more of
the following areas of childhood development as measured by
appropriate diagnostic instruments and standard procedures:

10400HB5099ham001 - 29 - LRB104 18527 KTG 35709 a
cognitive; physical, including vision and hearing; language,
speech and communication; social or emotional; or adaptive.
The term means a delay of 30% or more below the mean in
function in one or more of those areas.
(c) "Physical or mental condition which typically results
in developmental delay" means:
(1) a diagnosed medical disorder or exposure to a
toxic substance bearing a relatively well known expectancy
for developmental outcomes within varying ranges of
developmental disabilities; or
(2) a history of prenatal, perinatal, neonatal or
early developmental events suggestive of biological
insults to the developing central nervous system and which
either singly or collectively increase the probability of
developing a disability or delay based on a medical
history.
(d) "Informed clinical opinion" means both clinical
observations and parental participation to determine
eligibility by a consensus of a multidisciplinary team of 2 or
more members based on their professional experience and
expertise.
(e) "Early intervention services" means services which:
(1) are designed to meet the developmental needs of
each child eligible under this Act and the needs of his or
her family;
(2) are selected in collaboration with the child's

10400HB5099ham001 - 30 - LRB104 18527 KTG 35709 a
family;
(3) are provided under public supervision;
(4) are provided at no cost except where a schedule of
sliding scale fees or other system of payments by families
has been adopted in accordance with State and federal law;
(5) are designed to meet an infant's or toddler's
developmental needs in any of the following areas:
(A) physical development, including vision and
hearing,
(B) cognitive development,
(C) communication development,
(D) social or emotional development, or
(E) adaptive development;
(6) meet the standards of the State, including the
requirements of this Act;
(7) include one or more of the following:
(A) family training,
(B) social work services, including counseling,
and home visits,
(C) special instruction,
(D) speech, language pathology and audiology,
(E) occupational therapy,
(F) physical therapy,
(G) psychological services,
(H) service coordination services,
(I) medical services only for diagnostic or

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evaluation purposes,
(J) early identification, screening, and
assessment services,
(K) health services specified by the lead agency
as necessary to enable the infant or toddler to
benefit from the other early intervention services,
(L) vision services,
(M) transportation,
(N) assistive technology devices and services,
(O) nursing services,
(P) nutrition services, and
(Q) sign language and cued language services;
(8) are provided by qualified personnel, including but
not limited to:
(A) child development specialists or special
educators, including teachers of children with hearing
impairments (including deafness) and teachers of
children with vision impairments (including
blindness),
(B) speech and language pathologists and
audiologists,
(C) occupational therapists,
(D) physical therapists,
(E) social workers,
(F) nurses,
(G) dietitian nutritionists,

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(H) vision specialists, including ophthalmologists
and optometrists,
(I) psychologists, and
(J) physicians;
(9) are provided in conformity with an Individualized
Family Service Plan;
(10) are provided throughout the year; and
(11) are provided in natural environments, to the
maximum extent appropriate, which may include the home and
community settings, unless justification is provided
consistent with federal regulations adopted under Sections
1431 through 1444 of Title 20 of the United States Code.
(f) "Individualized Family Service Plan" or "Plan" means a
written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 10-65.
(g) "Local interagency agreement" means an agreement
entered into by local community and State and regional
agencies receiving early intervention funds directly from the
State and made in accordance with State interagency agreements
providing for the delivery of early intervention services
within a local community area.
(h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 10-30.
(i) "Lead agency" means the Department of Early Childhood
which is the State agency responsible for administering this

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Act and receiving and disbursing public funds received in
accordance with State and federal law and rules.
(i-5) "Central billing office" means the central billing
office created by the lead agency under Section 10-75.
(j) "Child find" means a service which identifies eligible
infants and toddlers.
(k) "Regional intake entity" means the lead agency's
designated entity responsible for implementation of the Early
Intervention Services System within its designated geographic
area.
(l) "Early intervention provider" means an individual who
is qualified, as defined by the lead agency, to provide one or
more types of early intervention services, and who has
enrolled as a provider in the early intervention program.
(m) "Fully credentialed early intervention provider" means
an individual who has met the standards in the State
applicable to the relevant profession, and has met such other
qualifications as the lead agency has determined are suitable
for personnel providing early intervention services, including
pediatric experience, education, and continuing education. The
lead agency shall establish these qualifications by rule filed
no later than 180 days after the effective date of this Act.
(n) "Telehealth" has the meaning given to that term in
Section 5 of the Telehealth Act.
(o) "Department" means Department of Early Childhood
unless otherwise specified.

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(Source: P.A. 103-594, eff. 6-25-24.)
(325 ILCS 3/20-25)
Sec. 20-25. Licensing day care facilities.
(a) Beginning July 1, 2024, the Department of Early
Childhood and the Department of Children and Family Services
shall collaborate and plan for the transition of
administrative responsibilities related to licensing day care
centers, day care homes, and group day care homes as
prescribed throughout the Child Care Act of 1969.
(b) Beginning July 1, 2026, the Department of Early
Childhood shall manage all facets of licensing for day care
centers, day care homes, and group day care homes as
prescribed throughout the Child Care Act of 1969.
(c) Beginning July 1, 2027, the authority and
responsibility to conduct a fingerprint-based criminal history
check on providers of day care at day care centers defined
under Section 2.09 of the Child Care Act of 1969, part day
child care facilities defined under Section 2.10 of the Child
Care Act of 1969, day care homes defined under Section 2.18 of
the Child Care Act of 1969, and group day care homes defined
under Section 2.20 of the Child Care Act of 1969 shall transfer
to the Department of Early Childhood in accordance with
Section 80-5 of this Act.
(Source: P.A. 103-594, eff. 6-25-24.)

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 10 takes effect July 1, 2026
and Section 15 takes effect July 1, 2027.".