Bill Text: IL HB4412 | 2023-2024 | 103rd General Assembly | Enrolled

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Bill Title: Amends the Child Care Act of 1969. Provides that 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 or a third-party vendor to collect fingerprints for the criminal background investigation. Defines “third-party vendor”.

Spectrum: Moderate Partisan Bill (Democrat 17-3)

Status: (Enrolled - Dead) 2025-01-06 - Added Co-Sponsor Rep. Michael J. Kelly [HB4412 Detail]

Download: Illinois-2023-HB4412-Enrolled.html

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HB4412 Enrolled LRB103 36073 SPS 66161 b
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 4.1 as follows:
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
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. A child care facility, non-licensed service
provider, day care center, group day care home, or day care
home may authorize the Department or a third-party vendor to
collect fingerprints for the investigation. If a third-party

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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, 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

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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
facility or non-licensed service provider. Only information
and standards which bear a reasonable and rational relation to

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