HB 2190

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Full Text of HB2190
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	HB2190 - 104th General Assembly
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		HB2190 Enrolled		LRB104 11659 AAS 21748 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 Child Care Act of 1969 is amended by
5changing Section 7 as follows:
6    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
7    (Text of Section before amendment by P.A. 103-594)
8    Sec. 7. (a) The Department must prescribe and publish
9minimum standards for licensing that apply to the various
10types of facilities for child care defined in this Act and that
11are equally applicable to like institutions under the control
12of the Department and to foster family homes used by and under
13the direct supervision of the Department. The Department shall
14seek the advice and assistance of persons representative of
15the various types of child care facilities in establishing
16such standards. The standards prescribed and published under
17this Act take effect as provided in the Illinois
18Administrative Procedure Act, and are restricted to
19regulations pertaining to the following matters and to any
20rules and regulations required or permitted by any other
21Section of this Act:
22        (1) The operation and conduct of the facility and
23    responsibility it assumes for child care;
		HB2190 Enrolled	- 2 -	LRB104 11659 AAS 21748 b
1        (2) The character, suitability and qualifications of
2    the applicant and other persons directly responsible for
3    the care and welfare of children served. All child day
4    care center licensees and employees who are required to
5    report child abuse or neglect under the Abused and
6    Neglected Child Reporting Act shall be required to attend
7    training on recognizing child abuse and neglect, as
8    prescribed by Department rules;
9        (3) The general financial ability and competence of
10    the applicant to provide necessary care for children and
11    to maintain prescribed standards;
12        (4) The number of individuals or staff required to
13    insure adequate supervision and care of the children
14    received. The standards shall provide that each child care
15    institution, maternity center, day care center, group
16    home, day care home, and group day care home shall have on
17    its premises during its hours of operation at least 2 
18    non-administrative [one] staff members [member] certified in
19    first aid, in the Heimlich maneuver, and in
20    cardiopulmonary resuscitation by the American Red Cross or
21    other organizations [organization] approved by rule of the
22    Department no later than 90 days after employment. Child
23    welfare agencies shall not be subject to such a staffing
24    requirement. The Department may offer, or arrange for the
25    offering, on a periodic basis in each community in this
26    State in cooperation with the American Red Cross, the
		HB2190 Enrolled	- 3 -	LRB104 11659 AAS 21748 b
1    American Heart Association, or other appropriate
2    organizations [organization], voluntary programs to train
3    operators of foster family homes and day care homes in
4    first aid and cardiopulmonary resuscitation;
5        (5) The appropriateness, safety, cleanliness, and
6    general adequacy of the premises, including maintenance of
7    adequate fire prevention and health standards conforming
8    to State laws and municipal codes to provide for the
9    physical comfort, care, and well-being of children
10    received;
11        (6) Provisions for food, clothing, educational
12    opportunities, program, equipment and individual supplies
13    to assure the healthy physical, mental, and spiritual
14    development of children served;
15        (7) Provisions to safeguard the legal rights of
16    children served;
17        (8) Maintenance of records pertaining to the
18    admission, progress, health, and discharge of children,
19    including, for day care centers and day care homes,
20    records indicating each child has been immunized as
21    required by State regulations. The Department shall
22    require proof that children enrolled in a facility have
23    been immunized against Haemophilus Influenzae B (HIB);
24        (9) Filing of reports with the Department;
25        (10) Discipline of children;
26        (11) Protection and fostering of the particular
		HB2190 Enrolled	- 4 -	LRB104 11659 AAS 21748 b
1    religious faith of the children served;
2        (12) Provisions prohibiting firearms on day care
3    center premises except in the possession of peace
4    officers;
5        (13) Provisions prohibiting handguns on day care home
6    premises except in the possession of peace officers or
7    other adults who must possess a handgun as a condition of
8    employment and who reside on the premises of a day care
9    home;
10        (14) Provisions requiring that any firearm permitted
11    on day care home premises, except handguns in the
12    possession of peace officers, shall be kept in a
13    disassembled state, without ammunition, in locked storage,
14    inaccessible to children and that ammunition permitted on
15    day care home premises shall be kept in locked storage
16    separate from that of disassembled firearms, inaccessible
17    to children;
18        (15) Provisions requiring notification of parents or
19    guardians enrolling children at a day care home of the
20    presence in the day care home of any firearms and
21    ammunition and of the arrangements for the separate,
22    locked storage of such firearms and ammunition;
23        (16) Provisions requiring all licensed child care
24    facility employees who care for newborns and infants to
25    complete training every 3 years on the nature of sudden
26    unexpected infant death (SUID), sudden infant death
		HB2190 Enrolled	- 5 -	LRB104 11659 AAS 21748 b
1    syndrome (SIDS), and the safe sleep recommendations of the
2    American Academy of Pediatrics; and
3        (17) With respect to foster family homes, provisions
4    requiring the Department to review quality of care
5    concerns and to consider those concerns in determining
6    whether a foster family home is qualified to care for
7    children.
8    By July 1, 2022, all licensed day care home providers,
9licensed group day care home providers, and licensed day care
10center directors and classroom staff shall participate in at
11least one training that includes the topics of early childhood
12social emotional learning, infant and early childhood mental
13health, early childhood trauma, or adverse childhood
14experiences. Current licensed providers, directors, and
15classroom staff shall complete training by July 1, 2022 and
16shall participate in training that includes the above topics
17at least once every 3 years.
18    (b) If, in a facility for general child care, there are
19children diagnosed as mentally ill or children diagnosed as
20having an intellectual or physical disability, who are
21determined to be in need of special mental treatment or of
22nursing care, or both mental treatment and nursing care, the
23Department shall seek the advice and recommendation of the
24Department of Human Services, the Department of Public Health,
25or both Departments regarding the residential treatment and
26nursing care provided by the institution.
		HB2190 Enrolled	- 6 -	LRB104 11659 AAS 21748 b
1    (c) The Department shall investigate any person applying
2to be licensed as a foster parent to determine whether there is
3any evidence of current drug or alcohol abuse in the
4prospective foster family. The Department shall not license a
5person as a foster parent if drug or alcohol abuse has been
6identified in the foster family or if a reasonable suspicion
7of such abuse exists, except that the Department may grant a
8foster parent license to an applicant identified with an
9alcohol or drug problem if the applicant has successfully
10participated in an alcohol or drug treatment program,
11self-help group, or other suitable activities and if the
12Department determines that the foster family home can provide
13a safe, appropriate environment and meet the physical and
14emotional needs of children.
15    (d) The Department, in applying standards prescribed and
16published, as herein provided, shall offer consultation
17through employed staff or other qualified persons to assist
18applicants and licensees in meeting and maintaining minimum
19requirements for a license and to help them otherwise to
20achieve programs of excellence related to the care of children
21served. Such consultation shall include providing information
22concerning education and training in early childhood
23development to providers of day care home services. The
24Department may provide or arrange for such education and
25training for those providers who request such assistance.
26    (e) The Department shall distribute copies of licensing
		HB2190 Enrolled	- 7 -	LRB104 11659 AAS 21748 b
1standards to all licensees and applicants for a license. Each
2licensee or holder of a permit shall distribute copies of the
3appropriate licensing standards and any other information
4required by the Department to child care facilities under its
5supervision. Each licensee or holder of a permit shall
6maintain appropriate documentation of the distribution of the
7standards. Such documentation shall be part of the records of
8the facility and subject to inspection by authorized
9representatives of the Department.
10    (f) The Department shall prepare summaries of day care
11licensing standards. Each licensee or holder of a permit for a
12day care facility shall distribute a copy of the appropriate
13summary and any other information required by the Department,
14to the legal guardian of each child cared for in that facility
15at the time when the child is enrolled or initially placed in
16the facility. The licensee or holder of a permit for a day care
17facility shall secure appropriate documentation of the
18distribution of the summary and brochure. Such documentation
19shall be a part of the records of the facility and subject to
20inspection by an authorized representative of the Department.
21    (g) The Department shall distribute to each licensee and
22holder of a permit copies of the licensing or permit standards
23applicable to such person's facility. Each licensee or holder
24of a permit shall make available by posting at all times in a
25common or otherwise accessible area a complete and current set
26of licensing standards in order that all employees of the
		HB2190 Enrolled	- 8 -	LRB104 11659 AAS 21748 b
1facility may have unrestricted access to such standards. All
2employees of the facility shall have reviewed the standards
3and any subsequent changes. Each licensee or holder of a
4permit shall maintain appropriate documentation of the current
5review of licensing standards by all employees. Such records
6shall be part of the records of the facility and subject to
7inspection by authorized representatives of the Department.
8    (h) Any standards involving physical examinations,
9immunization, or medical treatment shall include appropriate
10exemptions for children whose parents object thereto on the
11grounds that they conflict with the tenets and practices of a
12recognized church or religious organization, of which the
13parent is an adherent or member, and for children who should
14not be subjected to immunization for clinical reasons.
15    (i) The Department, in cooperation with the Department of
16Public Health, shall work to increase immunization awareness
17and participation among parents of children enrolled in day
18care centers and day care homes by publishing on the
19Department's website information about the benefits of
20immunization against vaccine preventable diseases, including
21influenza and pertussis. The information for vaccine
22preventable diseases shall include the incidence and severity
23of the diseases, the availability of vaccines, and the
24importance of immunizing children and persons who frequently
25have close contact with children. The website content shall be
26reviewed annually in collaboration with the Department of
		HB2190 Enrolled	- 9 -	LRB104 11659 AAS 21748 b
1Public Health to reflect the most current recommendations of
2the Advisory Committee on Immunization Practices (ACIP). The
3Department shall work with day care centers and day care homes
4licensed under this Act to ensure that the information is
5annually distributed to parents in August or September.
6    (j) Any standard adopted by the Department that requires
7an applicant for a license to operate a day care home to
8include a copy of a high school diploma or equivalent
9certificate with the person's application shall be deemed to
10be satisfied if the applicant includes a copy of a high school
11diploma or equivalent certificate or a copy of a degree from an
12accredited institution of higher education or vocational
13institution or equivalent certificate.
14(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
15    (Text of Section after amendment by P.A. 103-594)
16    Sec. 7. (a) The Department must prescribe and publish
17minimum standards for licensing that apply to the various
18types of facilities for child care defined in this Act (other
19than a day care center, day care home, or group day care home)
20and that are equally applicable to like institutions under the
21control of the Department and to foster family homes used by
22and under the direct supervision of the Department. The
23Department shall seek the advice and assistance of persons
24representative of the various types of child care facilities
25in establishing such standards. The standards prescribed and
		HB2190 Enrolled	- 10 -	LRB104 11659 AAS 21748 b
1published under this Act take effect as provided in the
2Illinois Administrative Procedure Act, and are restricted to
3regulations pertaining to the following matters and to any
4rules and regulations required or permitted by any other
5Section of this Act:
6        (1) The operation and conduct of the facility and
7    responsibility it assumes for child care;
8        (2) The character, suitability and qualifications of
9    the applicant and other persons directly responsible for
10    the care and welfare of children served.;
11        (3) The general financial ability and competence of
12    the applicant to provide necessary care for children and
13    to maintain prescribed standards;
14        (4) The number of individuals or staff required to
15    insure adequate supervision and care of the children
16    received. The standards shall provide that each child care
17    institution, maternity center, and group home shall have
18    on its premises during its hours of operation at least 2 
19    non-administrative [one] staff members [member] certified in
20    first aid, in the Heimlich maneuver, and in
21    cardiopulmonary resuscitation by the American Red Cross or
22    other organizations [organization] approved by rule of the
23    Department no later than 90 days after employment. Child
24    welfare agencies shall not be subject to such a staffing
25    requirement. The Department may offer, or arrange for the
26    offering, on a periodic basis in each community in this
		HB2190 Enrolled	- 11 -	LRB104 11659 AAS 21748 b
1    State in cooperation with the American Red Cross, the
2    American Heart Association, or other appropriate
3    organizations [organization], voluntary programs to train
4    operators of foster family homes and day care homes in
5    first aid and cardiopulmonary resuscitation;
6        (5) The appropriateness, safety, cleanliness, and
7    general adequacy of the premises, including maintenance of
8    adequate fire prevention and health standards conforming
9    to State laws and municipal codes to provide for the
10    physical comfort, care, and well-being of children
11    received;
12        (6) Provisions for food, clothing, educational
13    opportunities, program, equipment and individual supplies
14    to assure the healthy physical, mental, and spiritual
15    development of children served;
16        (7) Provisions to safeguard the legal rights of
17    children served;
18        (8) Maintenance of records pertaining to the
19    admission, progress, health, and discharge of children.
20    The Department shall require proof that children enrolled
21    in a facility (other than a day care center, day care home,
22    or group day care home) have been immunized against
23    Haemophilus Influenzae B (HIB);
24        (9) Filing of reports with the Department;
25        (10) Discipline of children;
26        (11) Protection and fostering of the particular
		HB2190 Enrolled	- 12 -	LRB104 11659 AAS 21748 b
1    religious faith of the children served;
2        (12) (Blank);
3        (13) (Blank);
4        (14) (Blank);
5        (15) (Blank);
6        (16) Provisions requiring all licensed child care
7    facility employees who care for newborns and infants to
8    complete training every 3 years on the nature of sudden
9    unexpected infant death (SUID), sudden infant death
10    syndrome (SIDS), and the safe sleep recommendations of the
11    American Academy of Pediatrics (other than employees of a
12    day care center, day care home, or group day care home);
13    and
14        (17) With respect to foster family homes, provisions
15    requiring the Department to review quality of care
16    concerns and to consider those concerns in determining
17    whether a foster family home is qualified to care for
18    children.
19    (b) If, in a facility for general child care (other than a
20day care center, day care home, or group day care home), there
21are children diagnosed as mentally ill or children diagnosed
22as having an intellectual or physical disability, who are
23determined to be in need of special mental treatment or of
24nursing care, or both mental treatment and nursing care, the
25Department shall seek the advice and recommendation of the
26Department of Human Services, the Department of Public Health,
		HB2190 Enrolled	- 13 -	LRB104 11659 AAS 21748 b
1or both Departments regarding the residential treatment and
2nursing care provided by the institution.
3    (c) The Department shall investigate any person applying
4to be licensed as a foster parent to determine whether there is
5any evidence of current drug or alcohol abuse in the
6prospective foster family. The Department shall not license a
7person as a foster parent if drug or alcohol abuse has been
8identified in the foster family or if a reasonable suspicion
9of such abuse exists, except that the Department may grant a
10foster parent license to an applicant identified with an
11alcohol or drug problem if the applicant has successfully
12participated in an alcohol or drug treatment program,
13self-help group, or other suitable activities and if the
14Department determines that the foster family home can provide
15a safe, appropriate environment and meet the physical and
16emotional needs of children.
17    (d) The Department, in applying standards prescribed and
18published, as herein provided, shall offer consultation
19through employed staff or other qualified persons to assist
20applicants and licensees (other than applicants and licensees
21of a day care center, day care home, or group day care home) in
22meeting and maintaining minimum requirements for a license and
23to help them otherwise to achieve programs of excellence
24related to the care of children served. Such consultation
25shall include providing information concerning education and
26training in early childhood development to providers of day
		HB2190 Enrolled	- 14 -	LRB104 11659 AAS 21748 b
1care home services. The Department may provide or arrange for
2such education and training for those providers who request
3such assistance (other than providers at a day care center,
4day care home, or group day care home).
5    (e) The Department shall distribute copies of licensing
6standards to all licensees and applicants for a license (other
7than licensees and applicants of a day care center, day care
8home, or group day care home). Each licensee or holder of a
9permit shall distribute copies of the appropriate licensing
10standards and any other information required by the Department
11to child care facilities under its supervision. Each licensee
12or holder of a permit shall maintain appropriate documentation
13of the distribution of the standards. Such documentation shall
14be part of the records of the facility and subject to
15inspection by authorized representatives of the Department.
16    (f) (Blank).
17    (g) The Department shall distribute to each licensee and
18holder of a permit copies of the licensing or permit standards
19applicable to such person's facility (other than a day care
20center, day care home, or group day care home). Each licensee
21or holder of a permit shall make available by posting at all
22times in a common or otherwise accessible area a complete and
23current set of licensing standards in order that all employees
24of the facility may have unrestricted access to such
25standards. All employees of the facility shall have reviewed
26the standards and any subsequent changes. Each licensee or
		HB2190 Enrolled	- 15 -	LRB104 11659 AAS 21748 b
1holder of a permit shall maintain appropriate documentation of
2the current review of licensing standards by all employees.
3Such records shall be part of the records of the facility and
4subject to inspection by authorized representatives of the
5Department.
6    (h) Any standards (other than standards of a day care
7center, day care home, or group day care home) involving
8physical examinations, immunization, or medical treatment
9shall include appropriate exemptions for children whose
10parents object thereto on the grounds that they conflict with
11the tenets and practices of a recognized church or religious
12organization, of which the parent is an adherent or member,
13and for children who should not be subjected to immunization
14for clinical reasons.
15    (i) (Blank).
16    (j) (Blank).
17(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23;
18103-594, eff. 7-1-26.)
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.