Bill Text: IL SB3481 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Department of Human Services Act. Requires the Department of Human Services (DHS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes, and the persons responsible for the care of children therein. Provides that the Department shall not allow any person to examine those facilities who has not passed an examination demonstrating familiarity with the Act and appropriate standards. Provides that with the exception of day care centers, day care homes, and group day care homes, licenses shall be issued by DHS and shall be valid for 4 years. Provides that licenses issued for day care centers, day care homes, and group day care homes shall be valid for 3 years. Provides that DHS may issue one 6-month permit to a newly established facility to allow that facility reasonable time to become eligible for a full license. Permits DHS to issue an emergency permit to a child care facility taking in children as a result of the temporary closure of another facility due to a natural disaster. Permits DHS to visit facilities, without notice, to determine if they are compliant with the Act and rules. Amends the Child Care Act of 1969. Removes a provision requiring the Department of Children and Family Services (DCFS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes. Removes a provision concerning the licensure of certain facilities by DCFS. Removes language permitting DCFS to issue an emergency permit to a child care facility taking in children because of a temporary closure due to a natural disaster. Requires DCFS to monitor foster family homes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2021-01-13 - Session Sine Die [SB3481 Detail]

Download: Illinois-2019-SB3481-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3481 Introduced 2/13/2020, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
20 ILCS 1305/1-75 new
225 ILCS 10/5 from Ch. 23, par. 2215
Amends the Department of Human Services Act. Requires the Department of Human Services (DHS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes, and the persons responsible for the care of children therein. Prohibits from allowing any person to examine those facilities who has not passed an examination demonstrating familiarity with the Act and appropriate standards. Provides that with the exception of day care centers, day care homes, and group day care homes, licenses shall be issued by DHS and shall be valid for 4 years. Provides that licenses issued for day care centers, day care homes, and group day care homes shall be valid for 3 years. Provides that DHS may issue one 6-month permit to a newly established facility to allow that facility reasonable time to become eligible for a full license. Permits DHS to issue an emergency permit to a child care facility taking in children as a result of the temporary closure of another facility due to a natural disaster. Permits DHS to visit facilities, without notice, to determine if they are compliant with the Act and rules. Amends the Child Care Act of 1969. Removes a provision requiring the Department of Children and Family Services (DCFS) to examine child care institutions, maternity centers, child welfare agencies, day care centers, day care agencies, and group homes. Removes a provision concerning the licensure of certain facilities by DCFS. Removes language permitting DCFS to issue an emergency permit to a child care facility taking in children because of a temporary closure due to a natural disaster. Requires DCFS to monitor foster family homes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Human Services Act is amended
by adding Section 1-75 as follows:
(20 ILCS 1305/1-75 new)
Sec. 1-75. Child care facilities; licensure.
(a) In respect to child care institutions, maternity
centers, child welfare agencies, day care centers, day care
agencies, and group homes, the Department, upon receiving
application filed in proper order, shall examine the facilities
and persons responsible for the care of children therein.
(b) The Department shall not allow any person to examine
the facilities described in subsection (a) who has not passed
an examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(c) With the exception of day care centers, day care homes,
and group day care homes, licenses shall be issued in such form
and manner as prescribed by the Department and shall be valid
for 4 years from the date issued, unless revoked by the
Department or voluntarily surrendered by the licensee.
Licenses issued for day care centers, day care homes, and group

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day care homes shall be valid for 3 years from the date issued,
unless revoked by the Department or voluntarily surrendered by
the licensee. When a licensee has made timely and sufficient
application for the renewal of a license or a new license with
reference to any activity of a continuing nature, the existing
license shall continue in full force and effect for up to 30
days until the final agency decision on the application has
been made. The Department may further extend the period in
which such decision must be made in individual cases for up to
30 days, but such extensions shall be only upon good cause
shown.
(d) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license.
(e) The Department may issue an emergency permit to a child
care facility taking in children as a result of the temporary
closure for more than 2 weeks of a licensed child care facility
due to a natural disaster. An emergency permit under this
subsection shall be issued to a facility only if the persons
providing child care services at the facility were employees of
the temporarily closed day care center at the time it was
closed. No investigation of an employee of a child care
facility receiving an emergency permit under this subsection
shall be required if that employee has previously been
investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more

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than 90 days after the date of issuance.
(f) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may, without notice, visit the facility for the purpose of
determining its continuing compliance with this Act or any
rules adopted in accordance with this Act.
(g) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department or the agency that
recommended licensure.
Section 10. The Child Care Act of 1969 is amended by
changing Section 5 as follows:
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5. (a) (Blank). In respect to child care institutions,
maternity centers, child welfare agencies, day care centers,
day care agencies and group homes, the Department, upon
receiving application filed in proper order, shall examine the
facilities and persons responsible for care of children
therein.
(b) In respect to foster family and day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place
children in foster care or by out-of-State agencies approved by
the Department to place children in this State. In respect to

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day care homes, applications may be filed on behalf of such
homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the
applicant agency, such agency shall certify that the home and
persons responsible for care of unrelated children therein, or
the home and relatives, as defined in Section 2.17 of this Act,
responsible for the care of related children therein, were
found to be in reasonable compliance with standards prescribed
by the Department for the type of care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(d) With the exception of day care centers, day care homes,
and group day care homes, licenses shall be issued in such form
and manner as prescribed by the Department and are valid for 4
years from the date issued, unless revoked by the Department or
voluntarily surrendered by the licensee. Licenses issued for
day care centers, day care homes, and group day care homes
shall be valid for 3 years from the date issued, unless revoked
by the Department or voluntarily surrendered by the licensee.
When a licensee has made timely and sufficient application for
the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall

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continue in full force and effect for up to 30 days until the
final agency decision on the application has been made. The
Department may further extend the period in which such decision
must be made in individual cases for up to 30 days, but such
extensions shall be only upon good cause shown.
(e) The Department may issue one 2-month 6-month permit to
a newly established facility for child care to allow that
facility reasonable time to become eligible for a full license.
If the facility for child care is a foster family home, or day
care home the Department may issue one 2-month permit only.
(f) (Blank). The Department may issue an emergency permit
to a child care facility taking in children as a result of the
temporary closure for more than 2 weeks of a licensed child
care facility due to a natural disaster. An emergency permit
under this subsection shall be issued to a facility only if the
persons providing child care services at the facility were
employees of the temporarily closed day care center at the time
it was closed. No investigation of an employee of a child care
facility receiving an emergency permit under this subsection
shall be required if that employee has previously been
investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of

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determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) Foster family Day care centers, day care homes, and
group day care homes shall be monitored at least annually by a
licensing representative from the Department or the agency that
recommended licensure.
(Source: P.A. 98-804, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance