Bill Amendment: IL SB2446 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CHILD CARE BACKGROUND CHECK

Status: 2025-04-11 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2446 Detail]

Download: Illinois-2025-SB2446-Senate_Amendment_001.html

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Sen. Adriane Johnson

Filed: 3/18/2025

10400SB2446sam001 LRB104 08655 AAS 23787 a
AMENDMENT TO SENATE BILL 2446
AMENDMENT NO. ______. Amend Senate Bill 2446 by replacing
everything after the enacting clause with the following:
"Section 5. The Child Care Act of 1969 is amended by
changing Sections 4.1 and 7.10 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. 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

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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. Upon this authorization, 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 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 when the request is
made in the form and manner required by the Illinois State
Police.
Information concerning convictions of a license applicant,

10400SB2446sam001 - 3 - LRB104 08655 AAS 23787 a
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
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

10400SB2446sam001 - 4 - LRB104 08655 AAS 23787 a
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 or the
Department of Early Childhood shall allow day care centers,
day care homes, and group day care homes to A child care
facility may hire, on a probationary basis, any employee or
volunteer of a child care facility or non-licensed service
provider authorizing a criminal background investigation under
this Section after receiving a qualifying result from either: ,
pending the result of such investigation.
(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 child care facility or non-licensed

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service provider 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. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
(Text of Section after amendment by P.A. 103-594)
Sec. 4.1. Criminal background investigations. 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 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. Upon this authorization, 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

10400SB2446sam001 - 6 - LRB104 08655 AAS 23787 a
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 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,

10400SB2446sam001 - 8 - LRB104 08655 AAS 23787 a
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 or the
Department of Early Childhood shall allow day care centers,
day care homes, and group day care homes to A child care
facility may hire, on a probationary basis, any employee or
volunteer of a child care facility or non-licensed service
provider authorizing a criminal background investigation under
this Section after receiving a qualifying result from either: ,
pending the result of such investigation.
(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 child care facility or non-licensed
service provider 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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(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-594, eff. 7-1-26.)
(225 ILCS 10/7.10)
(Text of Section before amendment by P.A. 103-594)
Sec. 7.10. Licensing orientation program and progress
report.
(a) For the purposes of this Section, "child day care
licensing" or "day care licensing" means licensing of day care
centers, day care homes, and group day care homes.
(a-5) In addition to current day care daycare training and
subject to appropriations, the Department or any State agency
that assumes day care center licensing responsibilities shall
host licensing orientation programs to help educate potential
day care center, day care home, and group day care home
providers about the child day care licensing process. The
programs shall be made available in person and virtually. The
Department or its successor shall offer to host licensing
orientation programs at least twice annually in each
Representative District in the State. Additionally, if one or
more persons request that a program be offered in a language
other than English, then the Department or its successor must
accommodate the request.
(b) No later than September 30th of each year, the
Department shall provide the General Assembly with a
comprehensive report on its progress in meeting performance

10400SB2446sam001 - 10 - LRB104 08655 AAS 23787 a
measures and goals related to child day care licensing.
(c) The report shall include:
(1) details on the funding for child day care
licensing, including:
(A) the total number of full-time employees
working on child day care licensing;
(B) the names of all sources of revenue used to
support child day care licensing;
(C) the amount of expenditures that is claimed
against federal funding sources;
(D) the identity of federal funding sources; and
(E) how funds are appropriated, including
appropriations for line staff, support staff,
supervisory staff, and training and other expenses and
the funding history of such licensing since fiscal
year 2010;
(2) current staffing qualifications of day care
licensing representatives and day care licensing
supervisors in comparison with staffing qualifications
specified in the job description;
(3) data history for fiscal year 2010 to the current
fiscal year on day care licensing representative caseloads
and staffing levels in all areas of the State;
(4) per the DCFS Child Day Care Licensing Advisory
Council's work plan, quarterly data on the following
measures:

10400SB2446sam001 - 11 - LRB104 08655 AAS 23787 a
(A) the number and percentage of new applications
disposed of within 90 days;
(B) the percentage of licenses renewed on time;
(C) the percentage of day care centers receiving
timely annual monitoring visits;
(D) the percentage of day care homes receiving
timely annual monitoring visits;
(E) the percentage of group day care homes
receiving timely annual monitoring visits;
(F) the percentage of provider requests for
supervisory review;
(G) the progress on adopting a key indicator
system;
(H) the percentage of complaints disposed of
within 30 days;
(I) the average number of days a day care center
applicant must wait to attend a licensing orientation;
(J) the number of licensing orientation sessions
available per region in the past year; and
(K) the number of Department trainings related to
licensing and child development available to providers
in the past year; and
(5) efforts to coordinate with the Department of Human
Services and the State Board of Education on professional
development, credentialing issues, and child developers,
including training registry, child developers, and Quality

10400SB2446sam001 - 12 - LRB104 08655 AAS 23787 a
Rating and Improvement Systems (QRIS).
(d) The Department shall work with the Governor's
appointed Early Learning Council on issues related to and
concerning child day care.
(Source: P.A. 103-805, eff. 1-1-25; revised 10-10-24.)
(Text of Section after amendment by P.A. 103-594)
Sec. 7.10. Licensing orientation program and progress
report.
(a) For the purposes of this Section, "child day care
licensing" or "day care licensing" means licensing of day care
centers, day care homes, and group day care homes.
(a-5) In addition to current day care daycare training and
subject to appropriations, the Department or any State agency
that assumes day care center licensing responsibilities shall
host licensing orientation programs to help educate potential
day care center, day care home, and group day care home
providers about the child day care licensing process. The
programs shall be made available in person and virtually. The
Department or its successor shall offer to host licensing
orientation programs at least twice annually in each
Representative District in the State. Additionally, if one or
more persons request that a program be offered in a language
other than English, then the Department or its successor must
accommodate the request.
(b) No later than September 30th of each year, the

10400SB2446sam001 - 13 - LRB104 08655 AAS 23787 a
Department of Early Childhood shall provide the General
Assembly with a comprehensive report on its progress in
meeting performance measures and goals related to child day
care licensing.
(c) The report shall include:
(1) details on the funding for child day care
licensing, including:
(A) the total number of full-time employees
working on child day care licensing;
(B) the names of all sources of revenue used to
support child day care licensing;
(C) the amount of expenditures that is claimed
against federal funding sources;
(D) the identity of federal funding sources; and
(E) how funds are appropriated, including
appropriations for line staff, support staff,
supervisory staff, and training and other expenses and
the funding history of such licensing since fiscal
year 2010;
(2) current staffing qualifications of day care
licensing representatives and day care licensing
supervisors in comparison with staffing qualifications
specified in the job description;
(3) data history for fiscal year 2010 to the current
fiscal year on day care licensing representative caseloads
and staffing levels in all areas of the State;

10400SB2446sam001 - 14 - LRB104 08655 AAS 23787 a
(4) per the DCFS Child Day Care Licensing Advisory
Council's work plan, quarterly data on the following
measures:
(A) the number and percentage of new applications
disposed of within 90 days;
(B) the percentage of licenses renewed on time;
(C) the percentage of day care centers receiving
timely annual monitoring visits;
(D) the percentage of day care homes receiving
timely annual monitoring visits;
(E) the percentage of group day care homes
receiving timely annual monitoring visits;
(F) the percentage of provider requests for
supervisory review;
(G) the progress on adopting a key indicator
system;
(H) the percentage of complaints disposed of
within 30 days;
(I) the average number of days a day care center
applicant must wait to attend a licensing orientation;
(J) the number of licensing orientation sessions
available per region in the past year; and
(K) the number of Department of Early Childhood
trainings related to licensing and child development
available to providers in the past year; and
(5) efforts to coordinate with the Department of Human

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Services and the State Board of Education on professional
development, credentialing issues, and child developers,
including training registry, child developers, and Quality
Rating and Improvement Systems (QRIS).
(d) The Department of Early Childhood shall work with the
Governor's appointed Early Learning Council on issues related
to and concerning child day care.
(Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25;
revised 11-26-24.)
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.".