Public Act 103-0153

HB2277 Enrolled LRB103 05264 AMQ 50282 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Child Care Act of 1969 is amended by

changing Section 2.09 as follows:

(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)

Sec. 2.09. "Day care center" means any child care facility

which regularly provides day care for less than 24 hours per

day for (1) more than 8 children in a family home, or (2) more

than 3 children in a facility other than a family home,

including senior citizen buildings.

The term does not include:

(a) programs operated by (i) public or private

elementary school systems or secondary level school units

or institutions of higher learning that serve children who

shall have attained the age of 3 years or (ii) private

entities on the grounds of public or private elementary or

secondary schools and that serve children who have

attained the age of 3 years, except that this exception

applies only to the facility and not to the private

entities' personnel operating the program;

(b) programs or that portion of the program which

serves children who shall have attained the age of 3 years

and which are recognized by the State Board of Education;

(c) educational program or programs serving children

who shall have attained the age of 3 years and which are

operated by a school which is registered with the State

Board of Education and which is recognized or accredited

by a recognized national or multistate educational

organization or association which regularly recognizes or

accredits schools;

(d) programs which exclusively serve or that portion

of the program which serves children with disabilities who

shall have attained the age of 3 years but are less than 21

years of age and which are registered and approved as

meeting standards of the State Board of Education and

applicable fire marshal standards;

(e) facilities operated in connection with a shopping

center or service, religious services, or other similar

facility, where transient children are cared for

temporarily while parents or custodians of the children

are occupied on the premises and readily available;

(f) any type of day care center that is conducted on

federal government premises;

(g) special activities programs, including athletics,

recreation, crafts instruction, and similar activities

conducted on an organized and periodic basis by civic,

charitable and governmental organizations, including, but

not limited to, programs offered by park districts

organized under the Park District Code to children who

shall have attained the age of 3 years old if the program

meets no more than 3.5 continuous hours at a time or less

and no more than 25 hours during any week, and the park

district conducts background investigations on employees

of the program pursuant to Section 8-23 of the Park

District Code;

(h) part day child care facilities, as defined in

Section 2.10 of this Act;

(i) programs or that portion of the program which:

(1) serves children who shall have attained the

age of 3 years;

(2) is operated by churches or religious

institutions as described in Section 501(c)(3) of the

federal Internal Revenue Code;

(3) receives no governmental aid;

(4) is operated as a component of a religious,

nonprofit elementary school;

(5) operates primarily to provide religious

education; and

(6) meets appropriate State or local health and

fire safety standards; or

(j) programs or portions of programs that:

(1) serve only school-age children and youth

(defined as full-time kindergarten children, as

defined in 89 Ill. Adm. Code 407.45, or older);

(2) are organized to promote childhood learning,

child and youth development, educational or

recreational activities, or character-building;

(3) operate primarily during out-of-school time or

at times when school is not normally in session;

(4) comply with the standards of the Illinois

Department of Public Health (77 Ill. Adm. Code 750) or

the local health department, the Illinois State Fire

Marshal (41 Ill. Adm. Code 100), and the following

additional health and safety requirements: procedures

for employee and volunteer emergency preparedness and

practice drills; procedures to ensure that first aid

kits are maintained and ready to use; the placement of

a minimum level of liability insurance as determined

by the Department; procedures for the availability of

a working telephone that is onsite and accessible at

all times; procedures to ensure that emergency phone

numbers are posted onsite; and a restriction on

handgun or weapon possession onsite, except if

possessed by a peace officer;

(5) perform and maintain authorization and results

of criminal history checks through the Illinois State

Police and FBI and checks of the Illinois Sex Offender

Registry, the National Sex Offender Registry, and

Child Abuse and Neglect Tracking System for employees

and volunteers who work directly with children;

(6) make hiring decisions in accordance with the

prohibitions against barrier crimes as specified in

Section 4.2 of this Act or in Section 21B-80 of the

School Code;

(7) provide parents with written disclosure that

the operations of the program are not regulated by

licensing requirements; and

(8) obtain and maintain records showing the first

and last name and date of birth of the child, name,

address, and telephone number of each parent,

emergency contact information, and written

authorization for medical care.

Programs or portions of programs requesting Child Care

Assistance Program (CCAP) funding and otherwise meeting the

requirements under item (j) shall request exemption from the

Department and be determined exempt prior to receiving funding

and must annually meet the eligibility requirements and be

appropriate for payment under the CCAP.

Programs or portions of programs under item (j) that do

not receive State or federal funds must comply with staff

qualification and training standards established by rule by

the Department of Human Services. The Department of Human

Services shall set such standards after review of Afterschool

for Children and Teens Now (ACT Now) evidence-based quality

standards developed for school-age out-of-school time

programs, feedback from the school-age out-of-school time

program professionals, and review of out-of-school time

professional development frameworks and quality tools.

Out-of-school time programs for school-age youth that

receive State or federal funds must comply with only those

staff qualifications and training standards set for the

program by the State or federal entity issuing the funds.

For purposes of items (a), (b), (c), (d), and (i) of this

Section, "children who shall have attained the age of 3 years"

shall mean children who are 3 years of age, but less than 4

years of age, at the time of enrollment in the program.

(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;

100-201, eff. 8-18-17.)

Section 99. Effective date. This Act takes effect upon

becoming law.