Bill Text: IL HB4521 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Child Care Act of 1969. Provides that, on or before January 1, 2025, the Department of Children and Family Services shall require each licensed day care center to maintain a video security system and maintain video surveillance of all public areas within the premises of the day care center, including, but not limited to, hallways, entrances, play areas, common rooms, and eating areas. Provides that video surveillance shall not take place in private areas within the day care center, including, but not limited to, bathrooms and changing areas. Provides that, if a video security system is deemed inadequate by the Department, the day care center shall have 30 days to correct the inadequacy. Provides that each licensed day care center must notify all parents of children attending the day care center that public areas are under video surveillance and must post a sign at the entrance of the day care center that informs visitors that the area is under video surveillance. Provides that the minimum standards for licensing shall require that each child care institution, maternity center, day care center, group home, day care home, and group day care home require that every staff member involved in the direct care of children be certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation(rather than have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver, and in cardiopulmonary resuscitation).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4521 Detail]
Download: Illinois-2023-HB4521-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Child Care Act of 1969 is amended by | |||||||||||||||||||||
5 | changing Section 7 and by adding Section 5.12 as follows:
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6 | (225 ILCS 10/5.12 new) | |||||||||||||||||||||
7 | Sec. 5.12. Video surveillance. | |||||||||||||||||||||
8 | (a) On or before January 1, 2025, the Department shall | |||||||||||||||||||||
9 | require each licensed day care center to maintain a video | |||||||||||||||||||||
10 | security system and maintain video surveillance of all public | |||||||||||||||||||||
11 | areas within the premises of the day care center, including, | |||||||||||||||||||||
12 | but not limited to, hallways, entrances, play areas, common | |||||||||||||||||||||
13 | rooms, and eating areas. Video surveillance shall not take | |||||||||||||||||||||
14 | place in private areas within the day care center, including, | |||||||||||||||||||||
15 | but not limited to, bathrooms and changing areas. If a video | |||||||||||||||||||||
16 | security system is deemed inadequate by the Department, the | |||||||||||||||||||||
17 | day care center shall have 30 days to correct the inadequacy. | |||||||||||||||||||||
18 | (b) Each licensed day care center must notify all parents | |||||||||||||||||||||
19 | of children attending the day care center that public areas | |||||||||||||||||||||
20 | are under video surveillance and must post a sign at the | |||||||||||||||||||||
21 | entrance of the day care center that informs visitors that the | |||||||||||||||||||||
22 | area is under video surveillance.
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1 | (225 ILCS 10/7) (from Ch. 23, par. 2217) | ||||||
2 | Sec. 7. (a) The Department must prescribe and publish | ||||||
3 | minimum standards for licensing that apply to the various | ||||||
4 | types of facilities for child care defined in this Act and that | ||||||
5 | are equally applicable to like institutions under the control | ||||||
6 | of the Department and to foster family homes used by and under | ||||||
7 | the direct supervision of the Department. The Department shall | ||||||
8 | seek the advice and assistance of persons representative of | ||||||
9 | the various types of child care facilities in establishing | ||||||
10 | such standards. The standards prescribed and published under | ||||||
11 | this Act take effect as provided in the Illinois | ||||||
12 | Administrative Procedure Act, and are restricted to | ||||||
13 | regulations pertaining to the following matters and to any | ||||||
14 | rules and regulations required or permitted by any other | ||||||
15 | Section of this Act: | ||||||
16 | (1) The operation and conduct of the facility and | ||||||
17 | responsibility it assumes for child care; | ||||||
18 | (2) The character, suitability and qualifications of | ||||||
19 | the applicant and other persons directly responsible for | ||||||
20 | the care and welfare of children served. All child day | ||||||
21 | care center licensees and employees who are required to | ||||||
22 | report child abuse or neglect under the Abused and | ||||||
23 | Neglected Child Reporting Act shall be required to attend | ||||||
24 | training on recognizing child abuse and neglect, as | ||||||
25 | prescribed by Department rules; | ||||||
26 | (3) The general financial ability and competence of |
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1 | the applicant to provide necessary care for children and | ||||||
2 | to maintain prescribed standards; | ||||||
3 | (4) The number of individuals or staff required to | ||||||
4 | insure adequate supervision and care of the children | ||||||
5 | received. The standards shall provide that each child care | ||||||
6 | institution, maternity center, day care center, group | ||||||
7 | home, day care home, and group day care home shall require | ||||||
8 | that every staff member involved in the direct care of | ||||||
9 | children be have on its premises during its hours of | ||||||
10 | operation at least one staff member certified in first | ||||||
11 | aid, in the Heimlich maneuver , and in cardiopulmonary | ||||||
12 | resuscitation by the American Red Cross or other | ||||||
13 | organization approved by rule of the Department. Child | ||||||
14 | welfare agencies shall not be subject to such a staffing | ||||||
15 | requirement. The Department may offer, or arrange for the | ||||||
16 | offering, on a periodic basis in each community in this | ||||||
17 | State in cooperation with the American Red Cross, the | ||||||
18 | American Heart Association or other appropriate | ||||||
19 | organization, voluntary programs to train operators of | ||||||
20 | foster family homes and day care homes in first aid and | ||||||
21 | cardiopulmonary resuscitation; | ||||||
22 | (5) The appropriateness, safety, cleanliness, and | ||||||
23 | general adequacy of the premises, including maintenance of | ||||||
24 | adequate fire prevention and health standards conforming | ||||||
25 | to State laws and municipal codes to provide for the | ||||||
26 | physical comfort, care, and well-being of children |
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1 | received; | ||||||
2 | (6) Provisions for food, clothing, educational | ||||||
3 | opportunities, program, equipment and individual supplies | ||||||
4 | to assure the healthy physical, mental, and spiritual | ||||||
5 | development of children served; | ||||||
6 | (7) Provisions to safeguard the legal rights of | ||||||
7 | children served; | ||||||
8 | (8) Maintenance of records pertaining to the | ||||||
9 | admission, progress, health, and discharge of children, | ||||||
10 | including, for day care centers and day care homes, | ||||||
11 | records indicating each child has been immunized as | ||||||
12 | required by State regulations. The Department shall | ||||||
13 | require proof that children enrolled in a facility have | ||||||
14 | been immunized against Haemophilus Influenzae B (HIB); | ||||||
15 | (9) Filing of reports with the Department; | ||||||
16 | (10) Discipline of children; | ||||||
17 | (11) Protection and fostering of the particular | ||||||
18 | religious faith of the children served; | ||||||
19 | (12) Provisions prohibiting firearms on day care | ||||||
20 | center premises except in the possession of peace | ||||||
21 | officers; | ||||||
22 | (13) Provisions prohibiting handguns on day care home | ||||||
23 | premises except in the possession of peace officers or | ||||||
24 | other adults who must possess a handgun as a condition of | ||||||
25 | employment and who reside on the premises of a day care | ||||||
26 | home; |
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1 | (14) Provisions requiring that any firearm permitted | ||||||
2 | on day care home premises, except handguns in the | ||||||
3 | possession of peace officers, shall be kept in a | ||||||
4 | disassembled state, without ammunition, in locked storage, | ||||||
5 | inaccessible to children and that ammunition permitted on | ||||||
6 | day care home premises shall be kept in locked storage | ||||||
7 | separate from that of disassembled firearms, inaccessible | ||||||
8 | to children; | ||||||
9 | (15) Provisions requiring notification of parents or | ||||||
10 | guardians enrolling children at a day care home of the | ||||||
11 | presence in the day care home of any firearms and | ||||||
12 | ammunition and of the arrangements for the separate, | ||||||
13 | locked storage of such firearms and ammunition; | ||||||
14 | (16) Provisions requiring all licensed child care | ||||||
15 | facility employees who care for newborns and infants to | ||||||
16 | complete training every 3 years on the nature of sudden | ||||||
17 | unexpected infant death (SUID), sudden infant death | ||||||
18 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
19 | American Academy of Pediatrics; and | ||||||
20 | (17) With respect to foster family homes, provisions | ||||||
21 | requiring the Department to review quality of care | ||||||
22 | concerns and to consider those concerns in determining | ||||||
23 | whether a foster family home is qualified to care for | ||||||
24 | children. | ||||||
25 | By July 1, 2022, all licensed day care home providers, | ||||||
26 | licensed group day care home providers, and licensed day care |
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1 | center directors and classroom staff shall participate in at | ||||||
2 | least one training that includes the topics of early childhood | ||||||
3 | social emotional learning, infant and early childhood mental | ||||||
4 | health, early childhood trauma, or adverse childhood | ||||||
5 | experiences. Current licensed providers, directors, and | ||||||
6 | classroom staff shall complete training by July 1, 2022 and | ||||||
7 | shall participate in training that includes the above topics | ||||||
8 | at least once every 3 years. | ||||||
9 | (b) If, in a facility for general child care, there are | ||||||
10 | children diagnosed as mentally ill or children diagnosed as | ||||||
11 | having an intellectual or physical disability, who are | ||||||
12 | determined to be in need of special mental treatment or of | ||||||
13 | nursing care, or both mental treatment and nursing care, the | ||||||
14 | Department shall seek the advice and recommendation of the | ||||||
15 | Department of Human Services, the Department of Public Health, | ||||||
16 | or both Departments regarding the residential treatment and | ||||||
17 | nursing care provided by the institution. | ||||||
18 | (c) The Department shall investigate any person applying | ||||||
19 | to be licensed as a foster parent to determine whether there is | ||||||
20 | any evidence of current drug or alcohol abuse in the | ||||||
21 | prospective foster family. The Department shall not license a | ||||||
22 | person as a foster parent if drug or alcohol abuse has been | ||||||
23 | identified in the foster family or if a reasonable suspicion | ||||||
24 | of such abuse exists, except that the Department may grant a | ||||||
25 | foster parent license to an applicant identified with an | ||||||
26 | alcohol or drug problem if the applicant has successfully |
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1 | participated in an alcohol or drug treatment program, | ||||||
2 | self-help group, or other suitable activities and if the | ||||||
3 | Department determines that the foster family home can provide | ||||||
4 | a safe, appropriate environment and meet the physical and | ||||||
5 | emotional needs of children. | ||||||
6 | (d) The Department, in applying standards prescribed and | ||||||
7 | published, as herein provided, shall offer consultation | ||||||
8 | through employed staff or other qualified persons to assist | ||||||
9 | applicants and licensees in meeting and maintaining minimum | ||||||
10 | requirements for a license and to help them otherwise to | ||||||
11 | achieve programs of excellence related to the care of children | ||||||
12 | served. Such consultation shall include providing information | ||||||
13 | concerning education and training in early childhood | ||||||
14 | development to providers of day care home services. The | ||||||
15 | Department may provide or arrange for such education and | ||||||
16 | training for those providers who request such assistance. | ||||||
17 | (e) The Department shall distribute copies of licensing | ||||||
18 | standards to all licensees and applicants for a license. Each | ||||||
19 | licensee or holder of a permit shall distribute copies of the | ||||||
20 | appropriate licensing standards and any other information | ||||||
21 | required by the Department to child care facilities under its | ||||||
22 | supervision. Each licensee or holder of a permit shall | ||||||
23 | maintain appropriate documentation of the distribution of the | ||||||
24 | standards. Such documentation shall be part of the records of | ||||||
25 | the facility and subject to inspection by authorized | ||||||
26 | representatives of the Department. |
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1 | (f) The Department shall prepare summaries of day care | ||||||
2 | licensing standards. Each licensee or holder of a permit for a | ||||||
3 | day care facility shall distribute a copy of the appropriate | ||||||
4 | summary and any other information required by the Department, | ||||||
5 | to the legal guardian of each child cared for in that facility | ||||||
6 | at the time when the child is enrolled or initially placed in | ||||||
7 | the facility. The licensee or holder of a permit for a day care | ||||||
8 | facility shall secure appropriate documentation of the | ||||||
9 | distribution of the summary and brochure. Such documentation | ||||||
10 | shall be a part of the records of the facility and subject to | ||||||
11 | inspection by an authorized representative of the Department. | ||||||
12 | (g) The Department shall distribute to each licensee and | ||||||
13 | holder of a permit copies of the licensing or permit standards | ||||||
14 | applicable to such person's facility. Each licensee or holder | ||||||
15 | of a permit shall make available by posting at all times in a | ||||||
16 | common or otherwise accessible area a complete and current set | ||||||
17 | of licensing standards in order that all employees of the | ||||||
18 | facility may have unrestricted access to such standards. All | ||||||
19 | employees of the facility shall have reviewed the standards | ||||||
20 | and any subsequent changes. Each licensee or holder of a | ||||||
21 | permit shall maintain appropriate documentation of the current | ||||||
22 | review of licensing standards by all employees. Such records | ||||||
23 | shall be part of the records of the facility and subject to | ||||||
24 | inspection by authorized representatives of the Department. | ||||||
25 | (h) Any standards involving physical examinations, | ||||||
26 | immunization, or medical treatment shall include appropriate |
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1 | exemptions for children whose parents object thereto on the | ||||||
2 | grounds that they conflict with the tenets and practices of a | ||||||
3 | recognized church or religious organization, of which the | ||||||
4 | parent is an adherent or member, and for children who should | ||||||
5 | not be subjected to immunization for clinical reasons. | ||||||
6 | (i) The Department, in cooperation with the Department of | ||||||
7 | Public Health, shall work to increase immunization awareness | ||||||
8 | and participation among parents of children enrolled in day | ||||||
9 | care centers and day care homes by publishing on the | ||||||
10 | Department's website information about the benefits of | ||||||
11 | immunization against vaccine preventable diseases, including | ||||||
12 | influenza and pertussis. The information for vaccine | ||||||
13 | preventable diseases shall include the incidence and severity | ||||||
14 | of the diseases, the availability of vaccines, and the | ||||||
15 | importance of immunizing children and persons who frequently | ||||||
16 | have close contact with children. The website content shall be | ||||||
17 | reviewed annually in collaboration with the Department of | ||||||
18 | Public Health to reflect the most current recommendations of | ||||||
19 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
20 | Department shall work with day care centers and day care homes | ||||||
21 | licensed under this Act to ensure that the information is | ||||||
22 | annually distributed to parents in August or September. | ||||||
23 | (j) Any standard adopted by the Department that requires | ||||||
24 | an applicant for a license to operate a day care home to | ||||||
25 | include a copy of a high school diploma or equivalent | ||||||
26 | certificate with the person's application shall be deemed to |
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