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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,
3
represented in the General Assembly:

4

Section 5.
The Child Care Act of 1969 is amended by
5
changing 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
9
minimum standards for licensing that apply to the various
10
types of facilities for child care defined in this Act and that
11
are equally applicable to like institutions under the control
12
of the Department and to foster family homes used by and under
13
the direct supervision of the Department. The Department shall
14
seek the advice and assistance of persons representative of
15
the various types of child care facilities in establishing
16
such standards. The standards prescribed and published under
17
this Act take effect as provided in the Illinois
18
Administrative Procedure Act, and are restricted to
19
regulations pertaining to the following matters and to any
20
rules and regulations required or permitted by any other
21
Section 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,
9
licensed group day care home providers, and licensed day care
10
center directors and classroom staff shall participate in at
11
least one training that includes the topics of early childhood
12
social emotional learning, infant and early childhood mental
13
health, early childhood trauma, or adverse childhood
14
experiences. Current licensed providers, directors, and
15
classroom staff shall complete training by July 1, 2022 and
16
shall participate in training that includes the above topics
17
at least once every 3 years.
18

(b) If, in a facility for general child care, there are
19
children diagnosed as mentally ill or children diagnosed as
20
having an intellectual or physical disability, who are
21
determined to be in need of special mental treatment or of
22
nursing care, or both mental treatment and nursing care, the
23
Department shall seek the advice and recommendation of the
24
Department of Human Services, the Department of Public Health,
25
or both Departments regarding the residential treatment and
26
nursing care provided by the institution.

HB2190 Enrolled
- 6 -
LRB104 11659 AAS 21748 b
1

(c) The Department shall investigate any person applying
2
to be licensed as a foster parent to determine whether there is
3
any evidence of current drug or alcohol abuse in the
4
prospective foster family. The Department shall not license a
5
person as a foster parent if drug or alcohol abuse has been
6
identified in the foster family or if a reasonable suspicion
7
of such abuse exists, except that the Department may grant a
8
foster parent license to an applicant identified with an
9
alcohol or drug problem if the applicant has successfully
10
participated in an alcohol or drug treatment program,
11
self-help group, or other suitable activities and if the
12
Department determines that the foster family home can provide
13
a safe, appropriate environment and meet the physical and
14
emotional needs of children.
15

(d) The Department, in applying standards prescribed and
16
published, as herein provided, shall offer consultation
17
through employed staff or other qualified persons to assist
18
applicants and licensees in meeting and maintaining minimum
19
requirements for a license and to help them otherwise to
20
achieve programs of excellence related to the care of children
21
served. Such consultation shall include providing information
22
concerning education and training in early childhood
23
development to providers of day care home services. The
24
Department may provide or arrange for such education and
25
training for those providers who request such assistance.
26

(e) The Department shall distribute copies of licensing

HB2190 Enrolled
- 7 -
LRB104 11659 AAS 21748 b
1
standards to all licensees and applicants for a license. Each
2
licensee or holder of a permit shall distribute copies of the
3
appropriate licensing standards and any other information
4
required by the Department to child care facilities under its
5
supervision. Each licensee or holder of a permit shall
6
maintain appropriate documentation of the distribution of the
7
standards. Such documentation shall be part of the records of
8
the facility and subject to inspection by authorized
9
representatives of the Department.
10

(f) The Department shall prepare summaries of day care
11
licensing standards. Each licensee or holder of a permit for a
12
day care facility shall distribute a copy of the appropriate
13
summary and any other information required by the Department,
14
to the legal guardian of each child cared for in that facility
15
at the time when the child is enrolled or initially placed in
16
the facility. The licensee or holder of a permit for a day care
17
facility shall secure appropriate documentation of the
18
distribution of the summary and brochure. Such documentation
19
shall be a part of the records of the facility and subject to
20
inspection by an authorized representative of the Department.
21

(g) The Department shall distribute to each licensee and
22
holder of a permit copies of the licensing or permit standards
23
applicable to such person's facility. Each licensee or holder
24
of a permit shall make available by posting at all times in a
25
common or otherwise accessible area a complete and current set
26
of licensing standards in order that all employees of the

HB2190 Enrolled
- 8 -
LRB104 11659 AAS 21748 b
1
facility may have unrestricted access to such standards. All
2
employees of the facility shall have reviewed the standards
3
and any subsequent changes. Each licensee or holder of a
4
permit shall maintain appropriate documentation of the current
5
review of licensing standards by all employees. Such records
6
shall be part of the records of the facility and subject to
7
inspection by authorized representatives of the Department.
8

(h) Any standards involving physical examinations,
9
immunization, or medical treatment shall include appropriate
10
exemptions for children whose parents object thereto on the
11
grounds that they conflict with the tenets and practices of a
12
recognized church or religious organization, of which the
13
parent is an adherent or member, and for children who should
14
not be subjected to immunization for clinical reasons.
15

(i) The Department, in cooperation with the Department of
16
Public Health, shall work to increase immunization awareness
17
and participation among parents of children enrolled in day
18
care centers and day care homes by publishing on the
19
Department's website information about the benefits of
20
immunization against vaccine preventable diseases, including
21
influenza and pertussis. The information for vaccine
22
preventable diseases shall include the incidence and severity
23
of the diseases, the availability of vaccines, and the
24
importance of immunizing children and persons who frequently
25
have close contact with children. The website content shall be
26
reviewed annually in collaboration with the Department of

HB2190 Enrolled
- 9 -
LRB104 11659 AAS 21748 b
1
Public Health to reflect the most current recommendations of
2
the Advisory Committee on Immunization Practices (ACIP). The
3
Department shall work with day care centers and day care homes
4
licensed under this Act to ensure that the information is
5
annually distributed to parents in August or September.
6

(j) Any standard adopted by the Department that requires
7
an applicant for a license to operate a day care home to
8
include a copy of a high school diploma or equivalent
9
certificate with the person's application shall be deemed to
10
be satisfied if the applicant includes a copy of a high school
11
diploma or equivalent certificate or a copy of a degree from an
12
accredited institution of higher education or vocational
13
institution 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
17
minimum standards for licensing that apply to the various
18
types of facilities for child care defined in this Act (other
19
than a day care center, day care home, or group day care home)
20
and that are equally applicable to like institutions under the
21
control of the Department and to foster family homes used by
22
and under the direct supervision of the Department. The
23
Department shall seek the advice and assistance of persons
24
representative of the various types of child care facilities
25
in establishing such standards. The standards prescribed and

HB2190 Enrolled
- 10 -
LRB104 11659 AAS 21748 b
1
published under this Act take effect as provided in the
2
Illinois Administrative Procedure Act, and are restricted to
3
regulations pertaining to the following matters and to any
4
rules and regulations required or permitted by any other
5
Section 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
20
day care center, day care home, or group day care home), there
21
are children diagnosed as mentally ill or children diagnosed
22
as having an intellectual or physical disability, who are
23
determined to be in need of special mental treatment or of
24
nursing care, or both mental treatment and nursing care, the
25
Department shall seek the advice and recommendation of the
26
Department of Human Services, the Department of Public Health,

HB2190 Enrolled
- 13 -
LRB104 11659 AAS 21748 b
1
or both Departments regarding the residential treatment and
2
nursing care provided by the institution.
3

(c) The Department shall investigate any person applying
4
to be licensed as a foster parent to determine whether there is
5
any evidence of current drug or alcohol abuse in the
6
prospective foster family. The Department shall not license a
7
person as a foster parent if drug or alcohol abuse has been
8
identified in the foster family or if a reasonable suspicion
9
of such abuse exists, except that the Department may grant a
10
foster parent license to an applicant identified with an
11
alcohol or drug problem if the applicant has successfully
12
participated in an alcohol or drug treatment program,
13
self-help group, or other suitable activities and if the
14
Department determines that the foster family home can provide
15
a safe, appropriate environment and meet the physical and
16
emotional needs of children.
17

(d) The Department, in applying standards prescribed and
18
published, as herein provided, shall offer consultation
19
through employed staff or other qualified persons to assist
20
applicants and licensees (other than applicants and licensees
21
of a day care center, day care home, or group day care home) in
22
meeting and maintaining minimum requirements for a license and
23
to help them otherwise to achieve programs of excellence
24
related to the care of children served. Such consultation
25
shall include providing information concerning education and
26
training in early childhood development to providers of day

HB2190 Enrolled
- 14 -
LRB104 11659 AAS 21748 b
1
care home services. The Department may provide or arrange for
2
such education and training for those providers who request
3
such assistance (other than providers at a day care center,
4
day care home, or group day care home).
5

(e) The Department shall distribute copies of licensing
6
standards to all licensees and applicants for a license (other
7
than licensees and applicants of a day care center, day care
8
home, or group day care home). Each licensee or holder of a
9
permit shall distribute copies of the appropriate licensing
10
standards and any other information required by the Department
11
to child care facilities under its supervision. Each licensee
12
or holder of a permit shall maintain appropriate documentation
13
of the distribution of the standards. Such documentation shall
14
be part of the records of the facility and subject to
15
inspection by authorized representatives of the Department.
16

(f) (Blank).
17

(g) The Department shall distribute to each licensee and
18
holder of a permit copies of the licensing or permit standards
19
applicable to such person's facility (other than a day care
20
center, day care home, or group day care home). Each licensee
21
or holder of a permit shall make available by posting at all
22
times in a common or otherwise accessible area a complete and
23
current set of licensing standards in order that all employees
24
of the facility may have unrestricted access to such
25
standards. All employees of the facility shall have reviewed
26
the standards and any subsequent changes. Each licensee or

HB2190 Enrolled
- 15 -
LRB104 11659 AAS 21748 b
1
holder of a permit shall maintain appropriate documentation of
2
the current review of licensing standards by all employees.
3
Such records shall be part of the records of the facility and
4
subject to inspection by authorized representatives of the
5
Department.
6

(h) Any standards (other than standards of a day care
7
center, day care home, or group day care home) involving
8
physical examinations, immunization, or medical treatment
9
shall include appropriate exemptions for children whose
10
parents object thereto on the grounds that they conflict with
11
the tenets and practices of a recognized church or religious
12
organization, of which the parent is an adherent or member,
13
and for children who should not be subjected to immunization
14
for clinical reasons.
15

(i) (Blank).
16

(j) (Blank).
17
(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23;
18
103-594, eff. 7-1-26.)

19

Section 95.
No acceleration or delay.
Where this Act makes
20
changes in a statute that is represented in this Act by text
21
that is not yet or no longer in effect (for example, a Section
22
represented by multiple versions), the use of that text does
23
not accelerate or delay the taking effect of (i) the changes
24
made by this Act or (ii) provisions derived from any other
25
Public Act.

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