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SB3641 • 2026

DEC-DAY CARE CRIMINAL CHECKS

DEC-DAY CARE CRIMINAL CHECKS

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Julie A. Morrison
Last action
2026-04-17
Official status
Rule 3-9(a) / Re-referred to Assignments
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

DEC-DAY CARE CRIMINAL CHECKS

DEC-DAY CARE CRIMINAL CHECKS

What This Bill Does

  • DEC-DAY CARE CRIMINAL CHECKS

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-04-17 Illinois General Assembly

    Rule 3-9(a) / Re-referred to Assignments

  2. 2026-04-14 Illinois General Assembly

    Added as Chief Co-Sponsor Sen. Linda Holmes

  3. 2026-03-24 Illinois General Assembly

    Pursuant to Senate Rule 3-8(b-1), the following amendments will remain in the Committee on Assignments

  4. 2026-03-23 Illinois General Assembly

    Senate Floor Amendment No. 1 Filed with Secretary by Sen. Julie A. Morrison

  5. 2026-03-23 Illinois General Assembly

    Senate Floor Amendment No. 1 Referred to Assignments

  6. 2026-03-11 Illinois General Assembly

    Second Reading

  7. 2026-03-11 Illinois General Assembly

    Placed on Calendar Order of 3rd Reading March 12, 2026

  8. 2026-03-04 Illinois General Assembly

    Do Pass Education ; 012-000-000

  9. 2026-03-04 Illinois General Assembly

    Placed on Calendar Order of 2nd Reading March 5, 2026

  10. 2026-02-24 Illinois General Assembly

    Postponed - Education

  11. 2026-02-17 Illinois General Assembly

    Assigned to Education

  12. 2026-02-05 Illinois General Assembly

    Filed with Secretary by Sen. Julie A. Morrison

  13. 2026-02-05 Illinois General Assembly

    First Reading

  14. 2026-02-05 Illinois General Assembly

    Referred to Assignments

Official Summary Text

DEC-DAY CARE CRIMINAL CHECKS

Current Bill Text

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Illinois General Assembly - Full Text of SB3641

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Introduced

Senate Amendment 001

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Introduced

Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3641

Introduced 2/5/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

225 ILCS 10/4.1

from Ch. 23, par. 2214.1
325 ILCS 3/10-15
325 ILCS 3/20-25

Amends the Department of Early Childhood Act. Provides that beginning
July 1, 2026, the authority and responsibility to conduct a
fingerprint-based criminal history check on providers of day care at day
care centers, part day child care facilities, day care homes, and group day
care homes shall transfer to the Department of Early Childhood from the
Department of Children and Family Services. Provides that the Department
shall require that each day care license applicant and each applicant,
employee, and volunteer of a licensed day care facility to authorize an
investigation to determine if such applicant, employee, or volunteer has
ever been charged with a crime and if so, the disposition of those charges.
Contains provisions on the submission of such persons' fingerprints to the
Illinois State Police to be checked for a fee against State and federal
criminal history record databases. Provides that any conviction
information obtained during the criminal history records checks shall be
provided, upon request, to the applicant, employee, and volunteer.
Contains provisions on the probationary hiring of employees or volunteers
authorizing a criminal background investigation. Makes conforming changes
to the Child Care Act of 1969. Effective July 1, 2026.
LRB104 18686 KTG 32129 b

A BILL FOR

SB3641
LRB104 18686 KTG 32129 b
1

AN ACT concerning children.

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 4.1 as follows:

6

(225 ILCS 10/4.1)

(from Ch. 23, par. 2214.1)
7

(Text of Section before amendment by P.A. 103-594
)
8

Sec. 4.1.
Criminal background investigations.
9

(a) In this Section, "third-party vendor" means a
10
third-party fingerprinting vendor who is licensed by the
11
Department of Financial and Professional Regulation and
12
regulated by 68 Ill. Adm. Code 1240.600.
13

(b) The Department shall require that each child care
14
facility license applicant as part of the application process,
15
and each employee and volunteer of a child care facility or
16
non-licensed service provider, as a condition of employment,
17
authorize an investigation to determine if such applicant,
18
employee, or volunteer has ever been charged with a crime and
19
if so, the disposition of those charges; this authorization
20
shall indicate the scope of the inquiry and the agencies which
21
may be contacted. An employee or volunteer of a day care
22
center, day care home, or group day care home shall authorize
23
an investigation every 5 years, as required under the Child

SB3641
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LRB104 18686 KTG 32129 b
1
Care and Development Block Grant. A child care facility,
2
non-licensed service provider, day care center, group day care
3
home, or day care home may authorize the Department or a
4
third-party vendor to collect fingerprints for the
5
investigation. If a third-party vendor is used for
6
fingerprinting, then the child care facility, non-licensed
7
service provider, day care center, group day care home, or day
8
care home shall pay the third-party vendor for that service
9
directly. If a child care facility, non-licensed service
10
provider, day care center, group day care home, or day care
11
home authorizes the Department or a third-party vendor to
12
collect fingerprints for the investigation, the Director shall
13
request and receive information and assistance from any
14
federal, State, or local governmental agency as part of the
15
authorized investigation. Each applicant, employee, or
16
volunteer of a child care facility or non-licensed service
17
provider shall submit the applicant's, employee's, or
18
volunteer's fingerprints to the Illinois State Police in the
19
form and manner prescribed by the Illinois State Police. These
20
fingerprints shall be checked against the fingerprint records
21
now and hereafter filed in the Illinois State Police and
22
Federal Bureau of Investigation criminal history records
23
databases. The Illinois State Police shall charge a fee for
24
conducting the criminal history records check, which shall be
25
deposited
into

in
the State Police Services Fund and shall not
26
exceed the actual cost of the records check. The Illinois

SB3641
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LRB104 18686 KTG 32129 b
1
State Police shall provide information concerning any criminal
2
charges, and their disposition, now or hereafter filed,
3
against an applicant, employee, or volunteer of a child care
4
facility or non-licensed service provider upon request of the
5
Department of Children and Family Services when the request is
6
made in the form and manner required by the Illinois State
7
Police.
8

Information concerning convictions of a license applicant,
9
employee, or volunteer of a child care facility or
10
non-licensed service provider investigated under this Section,
11
including the source of the information and any conclusions or
12
recommendations derived from the information, shall be
13
provided, upon request, to such applicant, employee, or
14
volunteer of a child care facility or non-licensed service
15
provider prior to final action by the Department on the
16
application. State conviction information provided by the
17
Illinois State Police regarding employees, prospective
18
employees, or volunteers of non-licensed service providers and
19
child care facilities licensed under this Act shall be
20
provided to the operator of such facility, and, upon request,
21
to the employee, prospective employee, or volunteer of a child
22
care facility or non-licensed service provider. Any
23
information concerning criminal charges and the disposition of
24
such charges obtained by the Department shall be confidential
25
and may not be transmitted outside the Department, except as
26
required herein, and may not be transmitted to anyone within

SB3641
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LRB104 18686 KTG 32129 b
1
the Department except as needed for the purpose of evaluating
2
an application or an employee or volunteer of a child care
3
facility or non-licensed service provider. Only information
4
and standards which bear a reasonable and rational relation to
5
the performance of a child care facility shall be used by the
6
Department or any licensee. Any employee of the Department of
7
Children and Family Services, Illinois State Police, or a
8
child care facility receiving confidential information under
9
this Section who gives or causes to be given any confidential
10
information concerning any criminal convictions of an
11
applicant, employee, or volunteer of a child care facility or
12
non-licensed service provider, shall be guilty of a Class A
13
misdemeanor unless release of such information is authorized
14
by this Section.
15

The Department of Children and Family Services, through
16
June 30, 2026, or the Department of Early Childhood, on and
17
after July 1, 2026, shall allow day care centers, day care
18
homes, and group day care homes to hire, on a probationary
19
basis, any employee or volunteer authorizing a criminal
20
background investigation under this Section after receiving a
21
qualifying result, as determined by the Department of Children
22
and Family Services or the Department of Early Childhood,
23
whichever is applicable, pursuant to this Act, from either:
24

(1) the Federal Bureau of Investigation fingerprint
25

criminal background check; or
26

(2) the Illinois State Police fingerprint criminal

SB3641
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LRB104 18686 KTG 32129 b
1

background check and a criminal record check of the
2

criminal repository of each state in which the employee or
3

volunteer resided during the preceding 5 years.
4

Pending full clearance of all background check
5
requirements, the prospective employee or volunteer must be
6
supervised at all times by an individual who received a
7
qualifying result on all background check components.
8
Employees and volunteers of a day care center, day care home,
9
or group day care home shall be notified prior to hiring that
10
such employment may be terminated on the basis of criminal
11
background information obtained by the facility.
12
(Source: P.A. 103-22, eff. 8-8-23; 103-1072, eff. 1-1-26;
13
104-307, eff. 1-1-26; revised 10-27-25.)

14

(Text of Section after amendment by P.A. 103-594
)
15

Sec. 4.1.
Criminal background investigations.
16

(a) In this Section, "third-party vendor" means a
17
third-party fingerprinting vendor who is licensed by the
18
Department of Financial and Professional Regulation and
19
regulated by 68 Ill. Adm. Code 1240.600.
20

(b)
Except as provided in Section 20-25 of the Department
21
of Early Childhood Act, the

The
Department of Children and
22
Family Services or the Department of Early Childhood shall
23
require that each child care facility license applicant under
24
the agencies' respective authority as part of the application
25
process, and each employee and volunteer of a child care

SB3641
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LRB104 18686 KTG 32129 b
1
facility or non-licensed service provider, as a condition of
2
employment, authorize an investigation to determine if such
3
applicant, employee, or volunteer has ever been charged with a
4
crime and if so, the disposition of those charges; this
5
authorization shall indicate the scope of the inquiry and the
6
agencies which may be contacted. An employee or volunteer of a
7
day care center, day care home, or group day care home shall
8
authorize an investigation every 5 years, as required under
9
the Child Care and Development Block Grant. A child care
10
facility, non-licensed service provider, day care center,
11
group day care home, or day care home may authorize the
12
Department
of Children and Family Services, the Department of
13
Early Childhood,
or a third-party vendor to collect
14
fingerprints for the investigation. If a third-party vendor is
15
used for fingerprinting, then the child care facility,
16
non-licensed service provider, day care center, group day care
17
home, or day care home shall pay the third-party vendor for
18
that service directly. If a child care facility, non-licensed
19
service provider, day care center, group day care home, or day
20
care home authorizes the Department
of Children and Family
21
Services, the Department of Early Childhood,
or a third-party
22
vendor to collect fingerprints for the investigation, the
23
Director
of Children and Family Services or the Secretary of
24
Early Childhood
shall request and receive information and
25
assistance from any federal, State, or local governmental
26
agency as part of the authorized investigation. Each

SB3641
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LRB104 18686 KTG 32129 b
1
applicant, employee, or volunteer of a child care facility or
2
non-licensed service provider shall submit the applicant's,
3
employee's, or volunteer's fingerprints to the Illinois State
4
Police in the form and manner prescribed by the Illinois State
5
Police. These fingerprints shall be checked against the
6
fingerprint records now and hereafter filed in the Illinois
7
State Police and Federal Bureau of Investigation criminal
8
history records databases. The Illinois State Police shall
9
charge a fee for conducting the criminal history records
10
check, which shall be deposited
into

in
the State Police
11
Services Fund and shall not exceed the actual cost of the
12
records check. The Illinois State Police shall provide
13
information concerning any criminal charges, and their
14
disposition, now or hereafter filed, against an applicant,
15
employee, or volunteer of a child care facility or
16
non-licensed service provider upon request of the Department
17
of Children and Family Services or the Department of Early
18
Childhood when the request is made in the form and manner
19
required by the Illinois State Police.
20

Information concerning convictions of a license applicant,
21
employee, or volunteer of a child care facility or
22
non-licensed service provider investigated under this Section,
23
including the source of the information and any conclusions or
24
recommendations derived from the information, shall be
25
provided, upon request, to such applicant, employee, or
26
volunteer of a child care facility or non-licensed service

SB3641
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LRB104 18686 KTG 32129 b
1
provider prior to final action by the Department of Children
2
and Family Services or the Department of Early Childhood under
3
the agencies' respective authority on the application. State
4
conviction information provided by the Illinois State Police
5
regarding employees, prospective employees, or volunteers of
6
non-licensed service providers and child care facilities
7
licensed under this Act shall be provided to the operator of
8
such facility, and, upon request, to the employee, prospective
9
employee, or volunteer of a child care facility or
10
non-licensed service provider. Any information concerning
11
criminal charges and the disposition of such charges obtained
12
by the Department of Children and Family Services or the
13
Department of Early Childhood shall be confidential and may
14
not be transmitted outside the Department of Children and
15
Family Services or the Department of Early Childhood, except
16
as required herein, and may not be transmitted to anyone
17
within the Department of Children and Family Services or the
18
Department of Early Childhood except as needed for the purpose
19
of evaluating an application or an employee or volunteer of a
20
child care facility or non-licensed service provider. Only
21
information and standards which bear a reasonable and rational
22
relation to the performance of a child care facility shall be
23
used by the Department of Children and Family Services or the
24
Department of Early Childhood or any licensee. Any employee of
25
the Department of Children and Family Services, Department of
26
Early Childhood, Illinois State Police, or a child care

SB3641
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LRB104 18686 KTG 32129 b
1
facility receiving confidential information under this Section
2
who gives or causes to be given any confidential information
3
concerning any criminal convictions of an applicant, employee,
4
or volunteer of a child care facility or non-licensed service
5
provider, shall be guilty of a Class A misdemeanor unless
6
release of such information is authorized by this Section.
7

The Department of Children and Family Services, through
8
June 30, 2026, or the Department of Early Childhood, on and
9
after July 1, 2026, shall allow day care centers, day care
10
homes, and group day care homes to hire, on a probationary
11
basis, any employee or volunteer authorizing a criminal
12
background investigation under this Section after receiving a
13
qualifying result, as determined by the Department of Children
14
and Family Services or the Department of Early Childhood,
15
whichever is applicable, pursuant to this Act, from either:
16

(1) the Federal Bureau of Investigation fingerprint
17

criminal background check; or
18

(2) the Illinois State Police fingerprint criminal
19

background check and a criminal record check of the
20

criminal repository of each state in which the employee or
21

volunteer resided during the preceding 5 years.
22

Pending full clearance of all background check
23
requirements, the prospective employee or volunteer must be
24
supervised at all times by an individual who received a
25
qualifying result on all background check components.
26
Employees and volunteers of a day care center, day care home,

SB3641
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LRB104 18686 KTG 32129 b
1
or group day care home shall be notified prior to hiring that
2
such employment may be terminated on the basis of criminal
3
background information obtained by the facility.
4

Beginning July 1, 2026, the authority and responsibility
5
to conduct a fingerprint-based criminal history check on
6
providers of day care at day care centers defined under
7
Section 2.09, part day child care facilities defined under
8
Section 2.10, day care homes defined under Section 2.18, and
9
group day care homes defined under Section 2.20 shall transfer
10
to the Department of Early Childhood in accordance with
11
Section 80-5 of the Department of Early Childhood Act.

12
(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
13
103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised
14
10-27-25.)

15

Section 10.
The Department of Early Childhood Act is
16
amended by changing Sections 10-15 and 20-25 as follows:

17

(325 ILCS 3/10-15)
18

Sec. 10-15.
Definitions.
As used in this Act:
19

(a) "Eligible infants and toddlers" means infants and
20
toddlers under 36 months of age with any of the following
21
conditions:
22

(1) Developmental delays.
23

(2) A physical or mental condition which typically
24

results in developmental delay.

SB3641
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LRB104 18686 KTG 32129 b
1

(3) Being at risk of having substantial developmental
2

delays based on informed clinical opinion.
3

(4) Either (A) having entered the program under any of
4

the circumstances listed in paragraphs (1) through (3) of
5

this subsection but no longer meeting the current
6

eligibility criteria under those paragraphs, and
7

continuing to have any measurable delay, or (B) not having
8

attained a level of development in each area, including
9

(i) cognitive, (ii) physical (including vision and
10

hearing), (iii) language, speech, and communication, (iv)
11

social or emotional, or (v) adaptive, that is at least at
12

the mean of the child's age equivalent peers; and, in
13

addition to either item (A) or item (B), (C) having been
14

determined by the multidisciplinary individualized family
15

service plan team to require the continuation of early
16

intervention services in order to support continuing
17

developmental progress, pursuant to the child's needs and
18

provided in an appropriate developmental manner. The type,
19

frequency, and intensity of services shall differ from the
20

initial individualized family services plan because of the
21

child's developmental progress, and may consist of only
22

service coordination, evaluation, and assessments.
23

"Eligible infants and toddlers" includes any child under
24
the age of 3 who is the subject of a substantiated case of
25
child abuse or neglect as defined in the federal Child Abuse
26
Prevention and Treatment Act.

SB3641
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LRB104 18686 KTG 32129 b
1

(b) "Developmental delay" means a delay in one or more of
2
the following areas of childhood development as measured by
3
appropriate diagnostic instruments and standard procedures:
4
cognitive; physical, including vision and hearing; language,
5
speech and communication; social or emotional; or adaptive.
6
The term means a delay of 30% or more below the mean in
7
function in one or more of those areas.
8

(c) "Physical or mental condition which typically results
9
in developmental delay" means:
10

(1) a diagnosed medical disorder or exposure to a
11

toxic substance bearing a relatively well known expectancy
12

for developmental outcomes within varying ranges of
13

developmental disabilities; or
14

(2) a history of prenatal, perinatal, neonatal or
15

early developmental events suggestive of biological
16

insults to the developing central nervous system and which
17

either singly or collectively increase the probability of
18

developing a disability or delay based on a medical
19

history.
20

(d) "Informed clinical opinion" means both clinical
21
observations and parental participation to determine
22
eligibility by a consensus of a multidisciplinary team of 2 or
23
more members based on their professional experience and
24
expertise.
25

(e) "Early intervention services" means services which:
26

(1) are designed to meet the developmental needs of

SB3641
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LRB104 18686 KTG 32129 b
1

each child eligible under this Act and the needs of his or
2

her family;
3

(2) are selected in collaboration with the child's
4

family;
5

(3) are provided under public supervision;
6

(4) are provided at no cost except where a schedule of
7

sliding scale fees or other system of payments by families
8

has been adopted in accordance with State and federal law;
9

(5) are designed to meet an infant's or toddler's
10

developmental needs in any of the following areas:
11

(A) physical development, including vision and
12

hearing,
13

(B) cognitive development,
14

(C) communication development,
15

(D) social or emotional development, or
16

(E) adaptive development;
17

(6) meet the standards of the State, including the
18

requirements of this Act;
19

(7) include one or more of the following:
20

(A) family training,
21

(B) social work services, including counseling,
22

and home visits,
23

(C) special instruction,
24

(D) speech, language pathology and audiology,
25

(E) occupational therapy,
26

(F) physical therapy,

SB3641
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LRB104 18686 KTG 32129 b
1

(G) psychological services,
2

(H) service coordination services,
3

(I) medical services only for diagnostic or
4

evaluation purposes,
5

(J) early identification, screening, and
6

assessment services,
7

(K) health services specified by the lead agency
8

as necessary to enable the infant or toddler to
9

benefit from the other early intervention services,
10

(L) vision services,
11

(M) transportation,
12

(N) assistive technology devices and services,
13

(O) nursing services,
14

(P) nutrition services, and
15

(Q) sign language and cued language services;
16

(8) are provided by qualified personnel, including but
17

not limited to:
18

(A) child development specialists or special
19

educators, including teachers of children with hearing
20

impairments (including deafness) and teachers of
21

children with vision impairments (including
22

blindness),
23

(B) speech and language pathologists and
24

audiologists,
25

(C) occupational therapists,
26

(D) physical therapists,

SB3641
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LRB104 18686 KTG 32129 b
1

(E) social workers,
2

(F) nurses,
3

(G) dietitian nutritionists,
4

(H) vision specialists, including ophthalmologists
5

and optometrists,
6

(I) psychologists, and
7

(J) physicians;
8

(9) are provided in conformity with an Individualized
9

Family Service Plan;
10

(10) are provided throughout the year; and
11

(11) are provided in natural environments, to the
12

maximum extent appropriate, which may include the home and
13

community settings, unless justification is provided
14

consistent with federal regulations adopted under Sections
15

1431 through 1444 of Title 20 of the United States Code.
16

(f) "Individualized Family Service Plan" or "Plan" means a
17
written plan for providing early intervention services to a
18
child eligible under this Act and the child's family, as set
19
forth in Section 10-65.
20

(g) "Local interagency agreement" means an agreement
21
entered into by local community and State and regional
22
agencies receiving early intervention funds directly from the
23
State and made in accordance with State interagency agreements
24
providing for the delivery of early intervention services
25
within a local community area.
26

(h) "Council" means the Illinois Interagency Council on

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Early Intervention established under Section 10-30.
2

(i) "Lead agency" means the
Department of Early Childhood
3
which is the
State agency responsible for administering this
4
Act and receiving and disbursing public funds received in
5
accordance with State and federal law and rules.
6

(i-5) "Central billing office" means the central billing
7
office created by the lead agency under Section 10-75.
8

(j) "Child find" means a service which identifies eligible
9
infants and toddlers.
10

(k) "Regional intake entity" means the lead agency's
11
designated entity responsible for implementation of the Early
12
Intervention Services System within its designated geographic
13
area.
14

(l) "Early intervention provider" means an individual who
15
is qualified, as defined by the lead agency, to provide one or
16
more types of early intervention services, and who has
17
enrolled as a provider in the early intervention program.
18

(m) "Fully credentialed early intervention provider" means
19
an individual who has met the standards in the State
20
applicable to the relevant profession, and has met such other
21
qualifications as the lead agency has determined are suitable
22
for personnel providing early intervention services, including
23
pediatric experience, education, and continuing education. The
24
lead agency shall establish these qualifications by rule filed
25
no later than 180 days after the effective date of this Act.
26

(n) "Telehealth" has the meaning given to that term in

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1
Section 5 of the Telehealth Act.
2

(o) "Department" means Department of Early Childhood
3
unless otherwise specified.
4
(Source: P.A. 103-594, eff. 6-25-24.)

5

(325 ILCS 3/20-25)
6

Sec. 20-25.
Licensing day care facilities.
7

(a) Beginning July 1, 2024, the Department of Early
8
Childhood and the Department of Children and Family Services
9
shall collaborate and plan for the transition of
10
administrative responsibilities related to licensing day care
11
centers, day care homes, and group day care homes as
12
prescribed throughout the Child Care Act of 1969.
13

(b) Beginning July 1, 2026, the Department of Early
14
Childhood shall manage all facets of licensing for day care
15
centers, day care homes, and group day care homes as
16
prescribed throughout the Child Care Act of 1969.
17

(c) Beginning July 1, 2026, the authority and
18
responsibility to conduct a fingerprint-based criminal history
19
check on providers of day care at day care centers defined
20
under Section 2.09 of the Child Care Act of 1969, part day
21
child care facilities defined under Section 2.10 of the Child
22
Care Act of 1969, day care homes defined under Section 2.18 of
23
the Child Care Act of 1969, and group day care homes defined
24
under Section 2.20 of the Child Care Act of 1969 shall transfer
25
to the Department of Early Childhood in accordance with

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1
Section 80-5 of this Act.
2

(d) Criminal background investigations. As it pertains to
3
providers as set forth in subsection (c), the Department of
4
Early Childhood shall require that each day care license
5
applicant, as a condition of licensure, and, each applicant,
6
employee, and volunteer of a licensed day care facility, as a
7
condition of employment, authorize an investigation to
8
determine if such applicant, employee, or volunteer has ever
9
been charged with a crime and if so, the disposition of those
10
charges. This authorization shall indicate the scope of the
11
inquiry and the agencies which may be contacted. Upon this
12
authorization, the Secretary shall request and receive
13
information and assistance from any federal, State, or local
14
governmental agency as part of the authorized investigation.
15
Each license applicant and each employee or volunteer of a
16
licensed day care facility shall submit the applicant's,
17
employee's, or volunteer's fingerprints to the Illinois State
18
Police in the form and manner prescribed by the Illinois State
19
Police. Such fingerprints shall be transmitted through a live
20
scan fingerprint vendor licensed by the Department of
21
Financial and Professional Regulation. The fingerprints
22
submitted in accordance with this Section shall be checked
23
against the Illinois State Police and Federal Bureau of
24
Investigation criminal history record databases, now and
25
hereafter filed, including, but not limited to, civil,
26
criminal, and latent fingerprint databases. The fingerprints

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1
shall be checked against the Illinois State Police criminal
2
history databases prior to their submission to the Federal
3
Bureau of Investigation. The Illinois State Police shall
4
charge a fee for conducting the criminal history records
5
check, which shall be deposited into the State Police Services
6
Fund and shall not exceed the actual cost of the records check.
7
The Illinois State Police shall furnish, pursuant to positive
8
identification, records of Illinois criminal charges, and
9
their disposition, against an applicant, employee, or
10
volunteer and shall forward the national criminal history
11
record information to the lead agency.
12

Information concerning convictions of a license applicant,
13
employee, or volunteer of a day care center defined under
14
Section 2.09 of the Child Care Act of 1969, part day child care
15
facility defined under Section 2.10 of the Child Care Act of
16
1969, day care home defined under Section 2.18 of the Child
17
Care Act of 1969, or group day care home defined under Section
18
2.20 of the Child Care Act of 1969, investigated under this
19
Section, including the source of the information and any
20
conclusions or recommendations derived from the information,
21
shall be provided, upon request, to such applicant, employee,
22
or volunteer prior to final action by the Department of Early
23
Childhood. Any information concerning criminal charges and the
24
disposition of such charges obtained by the Department of
25
Early Childhood shall be confidential and may not be
26
transmitted outside the Department of Early Childhood, except

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1
as required herein, and may not be transmitted to anyone
2
within the Department of Early Childhood except as needed for
3
the purpose of evaluating providers of day care at day care
4
centers, part day child care facilities, day care homes, and
5
group day care homes. Only information and standards which
6
bear a reasonable and rational relation to the performance of
7
a day care center, part day child care facility, day care home,
8
or group day care home shall be used by the Department of Early
9
Childhood. Any employee of the Department of Early Childhood
10
or Illinois State Police receiving confidential information
11
under this Section who gives or causes to be given any
12
confidential information concerning any criminal convictions
13
of an applicant, employee, or volunteer of a day care center,
14
part day child care facility, day care home, or group day care
15
home shall be guilty of a Class A misdemeanor unless release of
16
such information is authorized under this Section.
17

A licensed day care facility may hire, on a probationary
18
basis, any employee or volunteer of a licensed day care
19
provider authorizing a criminal background investigation under
20
this Section, pending the result of such investigation.
21
Employees and volunteers of a licensed day care provider shall
22
be notified prior to hiring that such employment may be
23
terminated on the basis of criminal background information
24
obtained by the licensed day care.
25
(Source: P.A. 103-594, eff. 6-25-24.)

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1

Section 95.
No acceleration or delay.
Where this Act makes
2
changes in a statute that is represented in this Act by text
3
that is not yet or no longer in effect (for example, a Section
4
represented by multiple versions), the use of that text does
5
not accelerate or delay the taking effect of (i) the changes
6
made by this Act or (ii) provisions derived from any other
7
Public Act.

8

Section 99.
Effective date.
This Act takes effect July 1,
9
2026.

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