Bill Text: IL SB1695 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Children and Family Services Act. Provides that the reimbursement amount for certain child care services shall be increased by at least 8%. Requires the Department of Children and Family Services to provide additional training for Department representatives who work with early childhood education providers. Amends the Higher Education Student Assistance Act. Provides that the Illinois Student Assistance Commission may award a grant to an eligible applicant enrolled in an early childhood education program who, after graduation, will work in a child care facility. Amends the Child Care Act of 1969. Provides that the Department shall ensure that the amount of time it takes to complete a criminal background investigation does not exceed 90 days. Provides that certain classes and trainings shall be waived for licensed day care home providers, licensed group day care home providers, and licensed day care center directors and classroom staff to the extent the classes and trainings are duplicative of an individual's educational training or if the individual has a master's or bachelor's degree in early childhood education or an equivalent subject. Provides that the Department shall implement a child care facility educator substitution pool program, which shall provide to child care facilities the contact information for early childhood educators willing to provide substitute services to other child care facilities in a specified geographic area.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1695 Detail]

Download: Illinois-2023-SB1695-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1695

Introduced 2/8/2023, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:
20 ILCS 505/5a from Ch. 23, par. 5005a
20 ILCS 505/50 new
110 ILCS 947/35
225 ILCS 10/4.1 from Ch. 23, par. 2214.1
225 ILCS 10/7 from Ch. 23, par. 2217
225 ILCS 10/25 new

Amends the Children and Family Services Act. Provides that the reimbursement amount for certain child care services shall be increased by at least 8%. Requires the Department of Children and Family Services to provide additional training for Department representatives who work with early childhood education providers. Amends the Higher Education Student Assistance Act. Provides that the Illinois Student Assistance Commission may award a grant to an eligible applicant enrolled in an early childhood education program who, after graduation, will work in a child care facility. Amends the Child Care Act of 1969. Provides that the Department shall ensure that the amount of time it takes to complete a criminal background investigation does not exceed 90 days. Provides that certain classes and trainings shall be waived for licensed day care home providers, licensed group day care home providers, and licensed day care center directors and classroom staff to the extent the classes and trainings are duplicative of an individual's educational training or if the individual has a master's or bachelor's degree in early childhood education or an equivalent subject. Provides that the Department shall implement a child care facility educator substitution pool program, which shall provide to child care facilities the contact information for early childhood educators willing to provide substitute services to other child care facilities in a specified geographic area.
LRB103 26903 AMQ 53267 b

A BILL FOR

SB1695LRB103 26903 AMQ 53267 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5by changing Section 5a and adding Sections 50 and 55 as
6follows:
7 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
8 (Text of Section before amendment by P.A. 102-926)
9 Sec. 5a. Reimbursable services for which the Department of
10Children and Family Services shall pay 100% of the reasonable
11cost pursuant to a written contract negotiated between the
12Department and the agency furnishing the services (which shall
13include but not be limited to the determination of reasonable
14cost, the services being purchased and the duration of the
15agreement) include, but are not limited to:
16SERVICE ACTIVITIES
17 Adjunctive Therapy;
18 Child Care Service, including day care;
19 Clinical Therapy;
20 Custodial Service;
21 Field Work Students;
22 Food Service;

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1 Normal Education;
2 In-Service Training;
3 Intake or Evaluation, or both;
4 Medical Services;
5 Recreation;
6 Social Work or Counselling, or both;
7 Supportive Staff;
8 Volunteers.
9OBJECT EXPENSES
10 Professional Fees and Contract Service Payments;
11 Supplies;
12 Telephone and Telegram;
13 Occupancy;
14 Local Transportation;
15 Equipment and Other Fixed Assets, including amortization
16 of same;
17 Miscellaneous.
18ADMINISTRATIVE COSTS
19 Program Administration;
20 Supervision and Consultation;
21 Inspection and Monitoring for purposes of issuing
22 licenses;
23 Determination of Children who are eligible
24 for federal or other reimbursement;

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1 Postage and Shipping;
2 Outside Printing, Artwork, etc.;
3 Subscriptions and Reference Publications;
4 Management and General Expense.
5Reimbursement of administrative costs other than inspection
6and monitoring for purposes of issuing licenses may not exceed
720% of the costs for other services.
8 The Department may offer services to any child or family
9with respect to whom a report of suspected child abuse or
10neglect has been called in to the hotline after completion of a
11family assessment as provided under subsection (a-5) of
12Section 7.4 of the Abused and Neglected Child Reporting Act
13and the Department has determined that services are needed to
14address the safety of the child and other family members and
15the risk of subsequent maltreatment. Acceptance of such
16services shall be voluntary.
17 All Object Expenses, Service Activities and Administrative
18Costs are allowable.
19 If a survey instrument is used in the rate setting
20process:
21 (a) with respect to any day care centers, it shall be
22 limited to those agencies which receive reimbursement from
23 the State;
24 (b) the cost survey instrument shall be promulgated by
25 rule;
26 (c) any requirements of the respondents shall be

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1 promulgated by rule;
2 (d) all screens, limits or other tests of
3 reasonableness, allowability and reimbursability shall be
4 promulgated by rule;
5 (e) adjustments may be made by the Department to rates
6 when it determines that reported wage and salary levels
7 are insufficient to attract capable caregivers in
8 sufficient numbers.
9 The Department of Children and Family Services may pay
10100% of the reasonable costs of research and valuation focused
11exclusively on services to youth in care. Such research
12projects must be approved, in advance, by the Director of the
13Department.
14 In addition to reimbursements otherwise provided for in
15this Section, the Department of Human Services shall, in
16accordance with annual written agreements, make advance
17quarterly disbursements to local public agencies for child day
18care services with funds appropriated from the Local Effort
19Day Care Fund.
20 Neither the Department of Children and Family Services nor
21the Department of Human Services shall pay or approve
22reimbursement for day care in a facility which is operating
23without a valid license or permit, except in the case of day
24care homes or day care centers which are exempt from the
25licensing requirements of the "Child Care Act of 1969".
26 As soon as practical on or after the effective date of this

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1amendatory Act of the 103rd General Assembly, the
2reimbursement rate under this Section shall be increased by at
3least 8%.
4(Source: P.A. 100-159, eff. 8-18-17.)
5 (Text of Section after amendment by P.A. 102-926)
6 Sec. 5a. Reimbursable services for which the Department of
7Children and Family Services shall pay 100% of the reasonable
8cost pursuant to a written contract negotiated between the
9Department and the agency furnishing the services (which shall
10include but not be limited to the determination of reasonable
11cost, the services being purchased and the duration of the
12agreement) include, but are not limited to:
13SERVICE ACTIVITIES
14 Adjunctive Therapy;
15 Child Care Service, including day care;
16 Clinical Therapy;
17 Custodial Service;
18 Field Work Students;
19 Food Service;
20 Normal Education;
21 In-Service Training;
22 Intake or Evaluation, or both;
23 Medical Services;
24 Recreation;

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1 Social Work or Counselling, or both;
2 Supportive Staff;
3 Volunteers.
4OBJECT EXPENSES
5 Professional Fees and Contract Service Payments;
6 Supplies;
7 Telephone and Telegram;
8 Occupancy;
9 Local Transportation;
10 Equipment and Other Fixed Assets, including amortization
11 of same;
12 Miscellaneous.
13ADMINISTRATIVE COSTS
14 Program Administration;
15 Supervision and Consultation;
16 Inspection and Monitoring for purposes of issuing
17 licenses;
18 Determination of Children who are eligible
19 for federal or other reimbursement;
20 Postage and Shipping;
21 Outside Printing, Artwork, etc.;
22 Subscriptions and Reference Publications;
23 Management and General Expense.
24Reimbursement of administrative costs other than inspection

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1and monitoring for purposes of issuing licenses may not exceed
220% of the costs for other services.
3 The Department may offer services to any child or family
4with respect to whom a report of suspected child abuse or
5neglect has been called in to the hotline after completion of a
6family assessment as provided under subsection (a-5) of
7Section 7.4 of the Abused and Neglected Child Reporting Act
8and the Department has determined that services are needed to
9address the safety of the child and other family members and
10the risk of subsequent maltreatment. Acceptance of such
11services shall be voluntary.
12 All Object Expenses, Service Activities and Administrative
13Costs are allowable.
14 If a survey instrument is used in the rate setting
15process:
16 (a) with respect to any day care centers, it shall be
17 limited to those agencies which receive reimbursement from
18 the State;
19 (b) the cost survey instrument shall be promulgated by
20 rule;
21 (c) any requirements of the respondents shall be
22 promulgated by rule;
23 (d) all screens, limits or other tests of
24 reasonableness, allowability and reimbursability shall be
25 promulgated by rule;
26 (e) adjustments may be made by the Department to rates

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1 when it determines that reported wage and salary levels
2 are insufficient to attract capable caregivers in
3 sufficient numbers.
4 The Department of Children and Family Services may pay
5100% of the reasonable costs of research and valuation focused
6exclusively on services to youth in care. Such research
7projects must be approved, in advance, by the Director of the
8Department.
9 In addition to reimbursements otherwise provided for in
10this Section, the Department of Human Services shall, in
11accordance with annual written agreements, make advance
12quarterly disbursements to local public agencies for child day
13care services with funds appropriated from the Local Effort
14Day Care Fund.
15 Neither the Department of Children and Family Services nor
16the Department of Human Services shall pay or approve
17reimbursement for day care in a facility which is operating
18without a valid license or permit, except in the case of day
19care homes or day care centers which are exempt from the
20licensing requirements of the "Child Care Act of 1969".
21 The rates paid to day care providers by the Department of
22Children and Family Services shall match the rates paid to
23child care providers by the Department of Human Services under
24the child care assistance program, including base rates and
25any relevant rate enhancements.
26 As soon as practical on or after the effective date of this

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1amendatory Act of the 103rd General Assembly, the
2reimbursement rate under this Section shall be increased by at
3least 8%.
4(Source: P.A. 102-926, eff. 7-1-23.)
5 (20 ILCS 505/50 new)
6 Sec. 50. Training for Department staff who work with early
7childhood education providers. The Department shall provide
8additional training for Department staff who work with early
9childhood education providers.
10 Section 10. The Higher Education Student Assistance Act is
11amended by changing Section 35 as follows:
12 (110 ILCS 947/35)
13 Sec. 35. Monetary award program.
14 (a) The Commission shall, each year, receive and consider
15applications for grant assistance under this Section. Subject
16to a separate appropriation for such purposes, an applicant is
17eligible for a grant under this Section when the Commission
18finds that the applicant:
19 (1) is a resident of this State and a citizen or
20 permanent resident of the United States;
21 (2) is enrolled or has been accepted for enrollment in
22 a qualified institution for the purpose of obtaining a
23 degree, certificate, or other credential offered by the

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1 institution, as applicable; and
2 (3) in the absence of grant assistance, will be
3 deterred by financial considerations from completing an
4 educational program at the qualified institution of his or
5 her choice.
6 (b) The Commission shall award renewals only upon the
7student's application and upon the Commission's finding that
8the applicant:
9 (1) has remained a student in good standing;
10 (2) remains a resident of this State; and
11 (3) is in a financial situation that continues to
12 warrant assistance.
13 (c) All grants shall be applicable only to tuition and
14necessary fee costs. The Commission shall determine the grant
15amount for each student, which shall not exceed the smallest
16of the following amounts:
17 (1) subject to appropriation, $5,468 for fiscal year
18 2009, $5,968 for fiscal year 2010, $6,468 for fiscal year
19 2011 and each fiscal year thereafter through fiscal year
20 2022, and $8,508 for fiscal year 2023 and each fiscal year
21 thereafter, or such lesser amount as the Commission finds
22 to be available, during an academic year;
23 (2) the amount which equals 2 semesters or 3 quarters
24 tuition and other necessary fees required generally by the
25 institution of all full-time undergraduate students; or
26 (3) such amount as the Commission finds to be

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1 appropriate in view of the applicant's financial
2 resources.
3 Subject to appropriation, the maximum grant amount for
4students not subject to subdivision (1) of this subsection (c)
5must be increased by the same percentage as any increase made
6by law to the maximum grant amount under subdivision (1) of
7this subsection (c).
8 "Tuition and other necessary fees" as used in this Section
9include the customary charge for instruction and use of
10facilities in general, and the additional fixed fees charged
11for specified purposes, which are required generally of
12nongrant recipients for each academic period for which the
13grant applicant actually enrolls, but do not include fees
14payable only once or breakage fees and other contingent
15deposits which are refundable in whole or in part. The
16Commission may prescribe, by rule not inconsistent with this
17Section, detailed provisions concerning the computation of
18tuition and other necessary fees.
19 (d) No applicant, including those presently receiving
20scholarship assistance under this Act, is eligible for
21monetary award program consideration under this Act after
22receiving a baccalaureate degree or the equivalent of 135
23semester credit hours of award payments.
24 (d-5) In this subsection (d-5), "renewing applicant" means
25a student attending an institution of higher learning who
26received a Monetary Award Program grant during the prior

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1academic year. Beginning with the processing of applications
2for the 2020-2021 academic year, the Commission shall annually
3publish a priority deadline date for renewing applicants.
4Subject to appropriation, a renewing applicant who files by
5the published priority deadline date shall receive a grant if
6he or she continues to meet the eligibility requirements under
7this Section. A renewing applicant's failure to apply by the
8priority deadline date established under this subsection (d-5)
9shall not disqualify him or her from receiving a grant if
10sufficient funding is available to provide awards after that
11date.
12 (e) The Commission, in determining the number of grants to
13be offered, shall take into consideration past experience with
14the rate of grant funds unclaimed by recipients. The
15Commission shall notify applicants that grant assistance is
16contingent upon the availability of appropriated funds.
17 (e-5) The General Assembly finds and declares that it is
18an important purpose of the Monetary Award Program to
19facilitate access to college both for students who pursue
20postsecondary education immediately following high school and
21for those who pursue postsecondary education later in life,
22particularly Illinoisans who are dislocated workers with
23financial need and who are seeking to improve their economic
24position through education. For the 2015-2016 and 2016-2017
25academic years, the Commission shall give additional and
26specific consideration to the needs of dislocated workers with

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1the intent of allowing applicants who are dislocated workers
2an opportunity to secure financial assistance even if applying
3later than the general pool of applicants. The Commission's
4consideration shall include, in determining the number of
5grants to be offered, an estimate of the resources needed to
6serve dislocated workers who apply after the Commission
7initially suspends award announcements for the upcoming
8regular academic year, but prior to the beginning of that
9academic year. For the purposes of this subsection (e-5), a
10dislocated worker is defined as in the federal Workforce
11Innovation and Opportunity Act.
12 (f) (Blank).
13 (g) The Commission shall determine the eligibility of and
14make grants to applicants enrolled at qualified for-profit
15institutions in accordance with the criteria set forth in this
16Section. The eligibility of applicants enrolled at such
17for-profit institutions shall be limited as follows:
18 (1) Beginning with the academic year 1997, only to
19 eligible first-time freshmen and first-time transfer
20 students who have attained an associate degree.
21 (2) Beginning with the academic year 1998, only to
22 eligible freshmen students, transfer students who have
23 attained an associate degree, and students who receive a
24 grant under paragraph (1) for the academic year 1997 and
25 whose grants are being renewed for the academic year 1998.
26 (3) Beginning with the academic year 1999, to all

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1 eligible students.
2 (h) The Commission may award a grant to an eligible
3applicant enrolled at an Illinois public institution of higher
4learning in a program that will culminate in the award of an
5occupational or career and technical certificate as that term
6is defined in 23 Ill. Adm. Code 1501.301.
7 (h-5) The Commission may award a grant to an eligible
8applicant enrolled in an early childhood education program
9who, after graduation, will work in a child care facility. The
10grant shall cover the cost of an undergraduate degree.
11 (i) The Commission may adopt rules to implement this
12Section.
13(Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
14 Section 15. The Child Care Act of 1969 is amended by
15changing Sections 4.1 and 7 and by adding Section 25 as
16follows:
17 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
18 Sec. 4.1. Criminal Background Investigations. The
19Department shall require that each child care facility license
20applicant as part of the application process, and each
21employee and volunteer of a child care facility or
22non-licensed service provider, as a condition of employment,
23authorize an investigation to determine if such applicant,
24employee, or volunteer has ever been charged with a crime and

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1if so, the disposition of those charges; this authorization
2shall indicate the scope of the inquiry and the agencies which
3may be contacted. Upon this authorization, the Director shall
4request and receive information and assistance from any
5federal, State or local governmental agency as part of the
6authorized investigation. Each applicant, employee, or
7volunteer of a child care facility or non-licensed service
8provider shall submit his or her fingerprints to the Illinois
9State Police in the form and manner prescribed by the Illinois
10State Police. These fingerprints shall be checked against the
11fingerprint records now and hereafter filed in the Illinois
12State Police and Federal Bureau of Investigation criminal
13history records databases. The Illinois State Police shall
14charge a fee for conducting the criminal history records
15check, which shall be deposited in the State Police Services
16Fund and shall not exceed the actual cost of the records check.
17The Illinois State Police shall provide information concerning
18any criminal charges, and their disposition, now or hereafter
19filed, against an applicant, employee, or volunteer of a child
20care facility or non-licensed service provider upon request of
21the Department of Children and Family Services when the
22request is made in the form and manner required by the Illinois
23State Police.
24 Information concerning convictions of a license applicant,
25employee, or volunteer of a child care facility or
26non-licensed service provider investigated under this Section,

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1including the source of the information and any conclusions or
2recommendations derived from the information, shall be
3provided, upon request, to such applicant, employee, or
4volunteer of a child care facility or non-licensed service
5provider prior to final action by the Department on the
6application. State conviction information provided by the
7Illinois State Police regarding employees, prospective
8employees, or volunteers of non-licensed service providers and
9child care facilities licensed under this Act shall be
10provided to the operator of such facility, and, upon request,
11to the employee, prospective employee, or volunteer of a child
12care facility or non-licensed service provider. Any
13information concerning criminal charges and the disposition of
14such charges obtained by the Department shall be confidential
15and may not be transmitted outside the Department, except as
16required herein, and may not be transmitted to anyone within
17the Department except as needed for the purpose of evaluating
18an application or an employee or volunteer of a child care
19facility or non-licensed service provider. Only information
20and standards which bear a reasonable and rational relation to
21the performance of a child care facility shall be used by the
22Department or any licensee. Any employee of the Department of
23Children and Family Services, Illinois State Police, or a
24child care facility receiving confidential information under
25this Section who gives or causes to be given any confidential
26information concerning any criminal convictions of an

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1applicant, employee, or volunteer of a child care facility or
2non-licensed service provider, shall be guilty of a Class A
3misdemeanor unless release of such information is authorized
4by this Section.
5 A child care facility may hire, on a probationary basis,
6any employee or volunteer of a child care facility or
7non-licensed service provider authorizing a criminal
8background investigation under this Section, pending the
9result of such investigation. Employees and volunteers of a
10child care facility or non-licensed service provider shall be
11notified prior to hiring that such employment may be
12terminated on the basis of criminal background information
13obtained by the facility.
14 The Department shall ensure that the amount of time it
15takes to complete the criminal background investigation under
16this Section does not exceed 90 days.
17(Source: P.A. 102-538, eff. 8-20-21.)
18 (225 ILCS 10/7) (from Ch. 23, par. 2217)
19 Sec. 7. (a) The Department must prescribe and publish
20minimum standards for licensing that apply to the various
21types of facilities for child care defined in this Act and that
22are equally applicable to like institutions under the control
23of the Department and to foster family homes used by and under
24the direct supervision of the Department. The Department shall
25seek the advice and assistance of persons representative of

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1the various types of child care facilities in establishing
2such standards. The standards prescribed and published under
3this Act take effect as provided in the Illinois
4Administrative Procedure Act, and are restricted to
5regulations pertaining to the following matters and to any
6rules and regulations required or permitted by any other
7Section of this Act:
8 (1) The operation and conduct of the facility and
9 responsibility it assumes for child care;
10 (2) The character, suitability and qualifications of
11 the applicant and other persons directly responsible for
12 the care and welfare of children served. All child day
13 care center licensees and employees who are required to
14 report child abuse or neglect under the Abused and
15 Neglected Child Reporting Act shall be required to attend
16 training on recognizing child abuse and neglect, as
17 prescribed by Department rules;
18 (3) The general financial ability and competence of
19 the applicant to provide necessary care for children and
20 to maintain prescribed standards;
21 (4) The number of individuals or staff required to
22 insure adequate supervision and care of the children
23 received. The standards shall provide that each child care
24 institution, maternity center, day care center, group
25 home, day care home, and group day care home shall have on
26 its premises during its hours of operation at least one

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1 staff member certified in first aid, in the Heimlich
2 maneuver and in cardiopulmonary resuscitation by the
3 American Red Cross or other organization approved by rule
4 of the Department. Child welfare agencies shall not be
5 subject to such a staffing requirement. The Department may
6 offer, or arrange for the offering, on a periodic basis in
7 each community in this State in cooperation with the
8 American Red Cross, the American Heart Association or
9 other appropriate organization, voluntary programs to
10 train operators of foster family homes and day care homes
11 in first aid and cardiopulmonary resuscitation;
12 (5) The appropriateness, safety, cleanliness, and
13 general adequacy of the premises, including maintenance of
14 adequate fire prevention and health standards conforming
15 to State laws and municipal codes to provide for the
16 physical comfort, care, and well-being of children
17 received;
18 (6) Provisions for food, clothing, educational
19 opportunities, program, equipment and individual supplies
20 to assure the healthy physical, mental, and spiritual
21 development of children served;
22 (7) Provisions to safeguard the legal rights of
23 children served;
24 (8) Maintenance of records pertaining to the
25 admission, progress, health, and discharge of children,
26 including, for day care centers and day care homes,

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1 records indicating each child has been immunized as
2 required by State regulations. The Department shall
3 require proof that children enrolled in a facility have
4 been immunized against Haemophilus Influenzae B (HIB);
5 (9) Filing of reports with the Department;
6 (10) Discipline of children;
7 (11) Protection and fostering of the particular
8 religious faith of the children served;
9 (12) Provisions prohibiting firearms on day care
10 center premises except in the possession of peace
11 officers;
12 (13) Provisions prohibiting handguns on day care home
13 premises except in the possession of peace officers or
14 other adults who must possess a handgun as a condition of
15 employment and who reside on the premises of a day care
16 home;
17 (14) Provisions requiring that any firearm permitted
18 on day care home premises, except handguns in the
19 possession of peace officers, shall be kept in a
20 disassembled state, without ammunition, in locked storage,
21 inaccessible to children and that ammunition permitted on
22 day care home premises shall be kept in locked storage
23 separate from that of disassembled firearms, inaccessible
24 to children;
25 (15) Provisions requiring notification of parents or
26 guardians enrolling children at a day care home of the

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1 presence in the day care home of any firearms and
2 ammunition and of the arrangements for the separate,
3 locked storage of such firearms and ammunition;
4 (16) Provisions requiring all licensed child care
5 facility employees who care for newborns and infants to
6 complete training every 3 years on the nature of sudden
7 unexpected infant death (SUID), sudden infant death
8 syndrome (SIDS), and the safe sleep recommendations of the
9 American Academy of Pediatrics; and
10 (17) With respect to foster family homes, provisions
11 requiring the Department to review quality of care
12 concerns and to consider those concerns in determining
13 whether a foster family home is qualified to care for
14 children.
15 By July 1, 2022, all licensed day care home providers,
16licensed group day care home providers, and licensed day care
17center directors and classroom staff shall participate in at
18least one training that includes the topics of early childhood
19social emotional learning, infant and early childhood mental
20health, early childhood trauma, or adverse childhood
21experiences. Current licensed providers, directors, and
22classroom staff shall complete training by July 1, 2022 and
23shall participate in training that includes the above topics
24at least once every 3 years. However, any licensed day care
25home provider, licensed group day care home provider, licensed
26day care center director, or classroom staff is not required

SB1695- 22 -LRB103 26903 AMQ 53267 b
1to participate in this training if the individual has a
2master's or a bachelor's degree in early childhood education
3or an equivalent subject.
4 The Department shall waive any mandatory training or
5classes for a licensed day care home provider, licensed group
6day care home provider, or licensed day care center director
7to the extent that the training or classes is duplicative of
8the individual's educational training.
9 (b) If, in a facility for general child care, there are
10children diagnosed as mentally ill or children diagnosed as
11having an intellectual or physical disability, who are
12determined to be in need of special mental treatment or of
13nursing care, or both mental treatment and nursing care, the
14Department shall seek the advice and recommendation of the
15Department of Human Services, the Department of Public Health,
16or both Departments regarding the residential treatment and
17nursing care provided by the institution.
18 (c) The Department shall investigate any person applying
19to be licensed as a foster parent to determine whether there is
20any evidence of current drug or alcohol abuse in the
21prospective foster family. The Department shall not license a
22person as a foster parent if drug or alcohol abuse has been
23identified in the foster family or if a reasonable suspicion
24of such abuse exists, except that the Department may grant a
25foster parent license to an applicant identified with an
26alcohol or drug problem if the applicant has successfully

SB1695- 23 -LRB103 26903 AMQ 53267 b
1participated in an alcohol or drug treatment program,
2self-help group, or other suitable activities and if the
3Department determines that the foster family home can provide
4a safe, appropriate environment and meet the physical and
5emotional needs of children.
6 (d) The Department, in applying standards prescribed and
7published, as herein provided, shall offer consultation
8through employed staff or other qualified persons to assist
9applicants and licensees in meeting and maintaining minimum
10requirements for a license and to help them otherwise to
11achieve programs of excellence related to the care of children
12served. Such consultation shall include providing information
13concerning education and training in early childhood
14development to providers of day care home services. The
15Department may provide or arrange for such education and
16training for those providers who request such assistance.
17 (e) The Department shall distribute copies of licensing
18standards to all licensees and applicants for a license. Each
19licensee or holder of a permit shall distribute copies of the
20appropriate licensing standards and any other information
21required by the Department to child care facilities under its
22supervision. Each licensee or holder of a permit shall
23maintain appropriate documentation of the distribution of the
24standards. Such documentation shall be part of the records of
25the facility and subject to inspection by authorized
26representatives of the Department.

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1 (f) The Department shall prepare summaries of day care
2licensing standards. Each licensee or holder of a permit for a
3day care facility shall distribute a copy of the appropriate
4summary and any other information required by the Department,
5to the legal guardian of each child cared for in that facility
6at the time when the child is enrolled or initially placed in
7the facility. The licensee or holder of a permit for a day care
8facility shall secure appropriate documentation of the
9distribution of the summary and brochure. Such documentation
10shall be a part of the records of the facility and subject to
11inspection by an authorized representative of the Department.
12 (g) The Department shall distribute to each licensee and
13holder of a permit copies of the licensing or permit standards
14applicable to such person's facility. Each licensee or holder
15of a permit shall make available by posting at all times in a
16common or otherwise accessible area a complete and current set
17of licensing standards in order that all employees of the
18facility may have unrestricted access to such standards. All
19employees of the facility shall have reviewed the standards
20and any subsequent changes. Each licensee or holder of a
21permit shall maintain appropriate documentation of the current
22review of licensing standards by all employees. Such records
23shall be part of the records of the facility and subject to
24inspection by authorized representatives of the Department.
25 (h) Any standards involving physical examinations,
26immunization, or medical treatment shall include appropriate

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1exemptions for children whose parents object thereto on the
2grounds that they conflict with the tenets and practices of a
3recognized church or religious organization, of which the
4parent is an adherent or member, and for children who should
5not be subjected to immunization for clinical reasons.
6 (i) The Department, in cooperation with the Department of
7Public Health, shall work to increase immunization awareness
8and participation among parents of children enrolled in day
9care centers and day care homes by publishing on the
10Department's website information about the benefits of
11immunization against vaccine preventable diseases, including
12influenza and pertussis. The information for vaccine
13preventable diseases shall include the incidence and severity
14of the diseases, the availability of vaccines, and the
15importance of immunizing children and persons who frequently
16have close contact with children. The website content shall be
17reviewed annually in collaboration with the Department of
18Public Health to reflect the most current recommendations of
19the Advisory Committee on Immunization Practices (ACIP). The
20Department shall work with day care centers and day care homes
21licensed under this Act to ensure that the information is
22annually distributed to parents in August or September.
23 (j) Any standard adopted by the Department that requires
24an applicant for a license to operate a day care home to
25include a copy of a high school diploma or equivalent
26certificate with his or her application shall be deemed to be

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1satisfied if the applicant includes a copy of a high school
2diploma or equivalent certificate or a copy of a degree from an
3accredited institution of higher education or vocational
4institution or equivalent certificate.
5(Source: P.A. 102-4, eff. 4-27-21.)
6 (225 ILCS 10/25 new)
7 Sec. 25. Child care facility educator substitution pool
8program. The Department shall implement a child care facility
9educator substitution pool program, which shall provide to
10child care facilities the contact information for early
11childhood educators willing to provide substitute services to
12other child care facilities in a specified geographic area. As
13part of the program, the number of hours worked by an early
14childhood educator under the program shall be tracked for
15purposes of an appropriate retirement plan. The Department
16shall adopt rules to implement this Section.
17 Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.
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