Bill Text: IL HB0627 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Child Care Act of 1969. Allows adults who reside on the premises of a day care home to possess handguns on day care home premises (rather than adults who must possess a handgun as a condition of employment and who reside on the premises of a day care home) if the handgun and handgun ammunition are locked and inaccessible to children.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB0627 Detail]
Download: Illinois-2021-HB0627-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Child Care Act of 1969 is amended by | |||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (225 ILCS 10/7) (from Ch. 23, par. 2217)
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7 | Sec. 7. (a) The Department must prescribe and publish | |||||||||||||||||||
8 | minimum standards
for licensing that apply to the various | |||||||||||||||||||
9 | types of facilities for child care
defined in this Act and that | |||||||||||||||||||
10 | are equally applicable to like institutions
under the control | |||||||||||||||||||
11 | of the Department and to foster family homes used by and
under | |||||||||||||||||||
12 | the direct supervision of the Department. The Department shall | |||||||||||||||||||
13 | seek
the advice and assistance of persons representative of | |||||||||||||||||||
14 | the various types of
child care facilities in establishing | |||||||||||||||||||
15 | such standards. The standards
prescribed and published under | |||||||||||||||||||
16 | this Act take effect as provided in the
Illinois | |||||||||||||||||||
17 | Administrative Procedure Act, and are restricted to
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18 | regulations pertaining to the following matters and to any | |||||||||||||||||||
19 | rules and regulations required or permitted by any other | |||||||||||||||||||
20 | Section of this Act:
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21 | (1) The operation and conduct of the facility and | |||||||||||||||||||
22 | responsibility it
assumes for child care;
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23 | (2) The character, suitability and qualifications of |
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1 | the applicant and
other persons directly responsible for | ||||||
2 | the care and welfare of children
served. All child day | ||||||
3 | care center licensees and employees who are required
to
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4 | report child abuse or neglect under the Abused and | ||||||
5 | Neglected Child Reporting
Act shall be required to attend | ||||||
6 | training on recognizing child abuse and
neglect, as | ||||||
7 | prescribed by Department rules;
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8 | (3) The general financial ability and competence of | ||||||
9 | the applicant to
provide necessary care for children and | ||||||
10 | to maintain prescribed standards;
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11 | (4) The number of individuals or staff required to | ||||||
12 | insure adequate
supervision and care of the children | ||||||
13 | received. The standards shall provide
that each child care | ||||||
14 | institution, maternity center, day care center,
group | ||||||
15 | home, day care home, and group day care home shall have on | ||||||
16 | its
premises during its hours of operation at
least one | ||||||
17 | staff member certified in first aid, in the Heimlich | ||||||
18 | maneuver , and
in cardiopulmonary resuscitation by the | ||||||
19 | American Red Cross or other
organization approved by rule | ||||||
20 | of the Department. Child welfare agencies
shall not be | ||||||
21 | subject to such a staffing requirement. The Department may
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22 | offer, or arrange for the offering, on a periodic basis in | ||||||
23 | each community
in this State in cooperation with the | ||||||
24 | American Red Cross, the American
Heart Association or | ||||||
25 | other appropriate organization, voluntary programs to
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26 | train operators of foster family homes and day care homes |
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1 | in first aid and
cardiopulmonary resuscitation;
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2 | (5) The appropriateness, safety, cleanliness, and | ||||||
3 | general adequacy of the
premises, including maintenance of | ||||||
4 | adequate fire prevention and health
standards conforming | ||||||
5 | to State laws and municipal codes to provide for the
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6 | physical comfort, care, and well-being of children | ||||||
7 | received;
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8 | (6) Provisions for food, clothing, educational | ||||||
9 | opportunities, program,
equipment and individual supplies | ||||||
10 | to assure the healthy physical, mental,
and spiritual | ||||||
11 | development of children served;
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12 | (7) Provisions to safeguard the legal rights of | ||||||
13 | children served;
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14 | (8) Maintenance of records pertaining to the | ||||||
15 | admission, progress, health,
and discharge of children, | ||||||
16 | including, for day care centers and day care
homes, | ||||||
17 | records indicating each child has been immunized as | ||||||
18 | required by State
regulations. The Department shall | ||||||
19 | require proof that children enrolled in
a facility have | ||||||
20 | been immunized against Haemophilus Influenzae B (HIB);
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21 | (9) Filing of reports with the Department;
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22 | (10) Discipline of children;
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23 | (11) Protection and fostering of the particular
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24 | religious faith of the children served;
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25 | (12) Provisions prohibiting firearms on day care | ||||||
26 | center premises
except in the possession of peace |
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1 | officers;
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2 | (13) Provisions prohibiting handguns on day care home | ||||||
3 | premises except : (i) in
the possession of peace officers ; | ||||||
4 | or (ii) in the possession of or other adults who must | ||||||
5 | possess a handgun
as a condition of employment and who | ||||||
6 | reside on the premises of a day care home;
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7 | (14) Provisions requiring that any firearm permitted | ||||||
8 | on day care home
premises, except handguns in the | ||||||
9 | possession of peace officers, shall be
kept in a | ||||||
10 | disassembled state, without ammunition, in locked storage,
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11 | inaccessible to children and that ammunition permitted on | ||||||
12 | day care home
premises shall be kept in locked storage | ||||||
13 | separate from that of disassembled
firearms, inaccessible | ||||||
14 | to children;
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15 | (15) Provisions requiring notification of parents or | ||||||
16 | guardians enrolling
children at a day care home of the | ||||||
17 | presence in the day care home of any
firearms and | ||||||
18 | ammunition and of the arrangements for the separate, | ||||||
19 | locked
storage of such firearms and ammunition;
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20 | (16) Provisions requiring all licensed child care | ||||||
21 | facility employees who care for newborns and infants to | ||||||
22 | complete training every 3 years on the nature of sudden | ||||||
23 | unexpected infant death (SUID), sudden infant death | ||||||
24 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
25 | American Academy of Pediatrics; and | ||||||
26 | (17) With respect to foster family homes, provisions |
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1 | requiring the Department to review quality of care | ||||||
2 | concerns and to consider those concerns in determining | ||||||
3 | whether a foster family home is qualified to care for | ||||||
4 | children. | ||||||
5 | (b) If, in a facility for general child care, there are | ||||||
6 | children
diagnosed as mentally ill or children diagnosed as | ||||||
7 | having an intellectual or physical disability, who
are | ||||||
8 | determined to be in need of special mental treatment or of | ||||||
9 | nursing
care, or both mental treatment and nursing care, the | ||||||
10 | Department shall seek
the advice and recommendation of the | ||||||
11 | Department of Human Services,
the Department of Public Health, | ||||||
12 | or both
Departments regarding the residential treatment and | ||||||
13 | nursing care provided
by the institution.
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14 | (c) The Department shall investigate any person applying | ||||||
15 | to be
licensed as a foster parent to determine whether there is | ||||||
16 | any evidence of
current drug or alcohol abuse in the | ||||||
17 | prospective foster family. The
Department shall not license a | ||||||
18 | person as a foster parent if drug or alcohol
abuse has been | ||||||
19 | identified in the foster family or if a reasonable suspicion
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20 | of such abuse exists, except that the Department may grant a | ||||||
21 | foster parent
license to an applicant identified with an | ||||||
22 | alcohol or drug problem if the
applicant has successfully | ||||||
23 | participated in an alcohol or drug treatment
program, | ||||||
24 | self-help group, or other suitable activities and if the | ||||||
25 | Department determines that the foster family home can provide | ||||||
26 | a safe, appropriate environment and meet the physical and |
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1 | emotional needs of children.
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2 | (d) The Department, in applying standards prescribed and | ||||||
3 | published, as
herein provided, shall offer consultation | ||||||
4 | through employed staff or other
qualified persons to assist | ||||||
5 | applicants and licensees in meeting and
maintaining minimum | ||||||
6 | requirements for a license and to help them otherwise
to | ||||||
7 | achieve programs of excellence related to the care of children | ||||||
8 | served.
Such consultation shall include providing information | ||||||
9 | concerning education
and training in early childhood | ||||||
10 | development to providers of day care home
services. The | ||||||
11 | Department may provide or arrange for such education and
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12 | training for those providers who request such assistance.
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13 | (e) The Department shall distribute copies of licensing
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14 | standards to all licensees and applicants for a license. Each | ||||||
15 | licensee or
holder of a permit shall distribute copies of the | ||||||
16 | appropriate licensing
standards and any other information | ||||||
17 | required by the Department to child
care facilities under its | ||||||
18 | supervision. Each licensee or holder of a permit
shall | ||||||
19 | maintain appropriate documentation of the distribution of the
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20 | standards. Such documentation shall be part of the records of | ||||||
21 | the facility
and subject to inspection by authorized | ||||||
22 | representatives of the Department.
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23 | (f) The Department shall prepare summaries of day care | ||||||
24 | licensing
standards. Each licensee or holder of a permit for a | ||||||
25 | day care facility
shall distribute a copy of the appropriate | ||||||
26 | summary and any other
information required by the Department, |
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1 | to the legal guardian of each child
cared for in that facility | ||||||
2 | at the time when the child is enrolled or
initially placed in | ||||||
3 | the facility. The licensee or holder of a permit for a
day care | ||||||
4 | facility shall secure appropriate documentation of the
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5 | distribution of the summary and brochure. Such documentation | ||||||
6 | shall be a
part of the records of the facility and subject to | ||||||
7 | inspection by an
authorized representative of the Department.
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8 | (g) The Department shall distribute to each licensee and
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9 | holder of a permit copies of the licensing or permit standards | ||||||
10 | applicable
to such person's facility. Each licensee or holder | ||||||
11 | of a permit shall make
available by posting at all times in a | ||||||
12 | common or otherwise accessible area
a complete and current set | ||||||
13 | of licensing standards in order that all
employees of the | ||||||
14 | facility may have unrestricted access to such standards.
All | ||||||
15 | employees of the facility shall have reviewed the standards | ||||||
16 | and any
subsequent changes. Each licensee or holder of a | ||||||
17 | permit shall maintain
appropriate documentation of the current | ||||||
18 | review of licensing standards by
all employees. Such records | ||||||
19 | shall be part of the records of the facility
and subject to | ||||||
20 | inspection by authorized representatives of the Department.
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21 | (h) Any standards involving physical examinations, | ||||||
22 | immunization,
or medical treatment shall include appropriate | ||||||
23 | exemptions for children
whose parents object thereto on the | ||||||
24 | grounds that they conflict with the
tenets and practices of a | ||||||
25 | recognized church or religious organization, of
which the | ||||||
26 | parent is an adherent or member, and for children who should |
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1 | not
be subjected to immunization for clinical reasons.
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2 | (i) The Department, in cooperation with the Department of | ||||||
3 | Public Health, shall work to increase immunization awareness | ||||||
4 | and participation among parents of children enrolled in day | ||||||
5 | care centers and day care homes by publishing on the | ||||||
6 | Department's website information about the benefits of | ||||||
7 | immunization against vaccine preventable diseases, including | ||||||
8 | influenza and pertussis. The information for vaccine | ||||||
9 | preventable diseases shall include the incidence and severity | ||||||
10 | of the diseases, the availability of vaccines, and the | ||||||
11 | importance of immunizing children and persons who frequently | ||||||
12 | have close contact with children. The website content shall be | ||||||
13 | reviewed annually in collaboration with the Department of | ||||||
14 | Public Health to reflect the most current recommendations of | ||||||
15 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
16 | Department shall work with day care centers and day care homes | ||||||
17 | licensed under this Act to ensure that the information is | ||||||
18 | annually distributed to parents in August or September. | ||||||
19 | (j) Any standard adopted by the Department that requires | ||||||
20 | an applicant for a license to operate a day care home to | ||||||
21 | include a copy of a high school diploma or equivalent | ||||||
22 | certificate with his or her application shall be deemed to be | ||||||
23 | satisfied if the applicant includes a copy of a high school | ||||||
24 | diploma or equivalent certificate or a copy of a degree from an | ||||||
25 | accredited institution of higher education or vocational | ||||||
26 | institution or equivalent certificate. |
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1 | (Source: P.A. 99-143, eff. 7-27-15; 99-779, eff. 1-1-17; | ||||||
2 | 100-201, eff. 8-18-17.)
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