Bill Text: IL HB2415 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Child Care Act of 1969. Provides that an applicant for a foster family home license who currently holds a valid foster family home license or its equivalent from another state without any pending violations or investigations shall be granted a temporary foster family home license in this State during the pendency of the Illinois application for a foster family home license.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-31 - Filed with the Clerk by Rep. Patrick Windhorst [HB2415 Detail]

Download: Illinois-2025-HB2415-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2415 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
225 ILCS 10/4
Amends the Child Care Act of 1969. Provides that an applicant for a foster family home license who currently holds a valid foster family home license or its equivalent from another state without any pending violations or investigations shall be granted a temporary foster family home license in this State during the pendency of the Illinois application for a foster family home license.
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A BILL FOR
HB2415 LRB104 03375 AAS 13397 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 4 as follows:
(225 ILCS 10/4)
(Text of Section before amendment by P.A. 103-594)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in
Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
relative, as defined in Section 2.17 of this Act, who receives
a child or children for placement by the Department on a
full-time basis may apply for a license to operate a foster
family home as defined in Section 2.17 of this Act.
(a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this
Act. "Providing adoption services", as used in this Act,
includes facilitating or engaging in adoption services.

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(b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; the name and address of at least one relative
who can attest to the applicant's capability to care for the
child or children; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
(b-5) Prior to submitting an application for a foster
family home license, a quality of care concerns applicant as
defined in Section 2.22a of this Act must submit a preliminary
application to the Department in the manner and on forms
prescribed by it. The Department shall explain to the quality
of care concerns applicant the grounds for requiring a
preliminary application. The preliminary application shall
include a list of (i) all children placed in the home by the
Department who were removed by the Department for reasons

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other than returning to a parent and the circumstances under
which they were removed and (ii) all children placed by the
Department who were subsequently adopted by or placed in the
private guardianship of the quality of care concerns applicant
who are currently under 18 and who no longer reside in the home
and the reasons why they no longer reside in the home. The
preliminary application shall also include, if the quality of
care concerns applicant chooses to submit, (1) a response to
the quality of care concerns, including any reason the
concerns are invalid, have been addressed or ameliorated, or
no longer apply and (2) affirmative documentation
demonstrating that the quality of care concerns applicant's
home does not pose a risk to children and that the family will
be able to meet the physical and emotional needs of children.
The Department shall verify the information in the preliminary
application and review (i) information regarding any prior
licensing complaints, (ii) information regarding any prior
child abuse or neglect investigations, (iii) information
regarding any involuntary foster home holds placed on the home
by the Department, and (iv) information regarding all child
exit interviews, as provided in Section 5.26 of the Children
and Family Services Act, regarding the home. Foster home
applicants with quality of care concerns are presumed
unsuitable for future licensure.
Notwithstanding the provisions of this subsection (b-5),
the Department may make an exception and issue a foster family

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license to a quality of care concerns applicant if the
Department is satisfied that the foster family home does not
pose a risk to children and that the foster family will be able
to meet the physical and emotional needs of children. In
making this determination, the Department must obtain and
carefully review all relevant documents and shall obtain
consultation from its Clinical Division as appropriate and as
prescribed by Department rule and procedure. The Department
has the authority to deny a preliminary application based on
the record of quality of care concerns of the foster family
home. In the alternative, the Department may (i) approve the
preliminary application, (ii) approve the preliminary
application subject to obtaining additional information or
assessments, or (iii) approve the preliminary application for
purposes of placing a particular child or children only in the
foster family home. If the Department approves a preliminary
application, the foster family shall submit an application for
licensure as described in subsection (b) of this Section. The
Department shall notify the quality of care concerns applicant
of its decision and the basis for its decision in writing.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility or (ii) the type of children
served. The Department shall notify the public of the change
in a newspaper of general circulation in the county or

HB2415 - 5 - LRB104 03375 AAS 13397 b
municipality in which the applicant's facility is or is
proposed to be located.
(c-5) When a child care institution, maternity center, or
a group home licensed by the Department undergoes a change in
(i) the age of children served or (ii) the area within the
facility used by children, the Department shall post
information regarding proposed changes on its website as
required by rule.
(d) If, upon examination of the facility and investigation
of persons responsible for care of children and, in the case of
a foster home, taking into account information obtained for
purposes of evaluating a preliminary application, if
applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for
the type of facility for which application is made, it shall
issue a license in proper form, designating on that license
the type of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(e) The Department shall not issue or renew the license of
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section

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501(c)(3) of the Internal Revenue Code of 1986 (or any
successor provision of federal tax law). The Department shall
grant a grace period of 24 months from August 15, 2005 (the
effective date of Public Act 94-586) this amendatory Act of
the 94th General Assembly for existing child welfare agencies
providing adoption services to obtain 501(c)(3) status. The
Department shall permit an existing child welfare agency that
converts from its current structure in order to be recognized
as a 501(c)(3) organization as required by this Section to
either retain its current license or transfer its current
license to a newly formed entity, if the creation of a new
entity is required in order to comply with this Section,
provided that the child welfare agency demonstrates that it
continues to meet all other licensing requirements and that
the principal officers and directors and programs of the
converted child welfare agency or newly organized child
welfare agency are substantially the same as the original. The
Department shall have the sole discretion to grant a one-year
one year extension to any agency unable to obtain 501(c)(3)
status within the timeframe specified in this subsection (e),
provided that such agency has filed an application for
501(c)(3) status with the Internal Revenue Service within the
2-year timeframe specified in this subsection (e).
(f) The Department shall adopt rules to implement the
changes to this Section made by Public Act 103-770 this
amendatory Act of the 103rd General Assembly no later than

HB2415 - 7 - LRB104 03375 AAS 13397 b
January 1, 2025.
(g) After submitting an application for a foster family
home license, an applicant who currently holds a valid foster
family home license or its equivalent from another state
without any pending violations or investigations shall be
granted a temporary foster family home license in this State
during the pendency of the Illinois application for a foster
family home license. The temporary foster family home license
shall not have an effect on the permanent license being
granted or denied.
(Source: P.A. 102-763, eff. 1-1-23; 103-770, eff. 1-1-25;
revised 8-20-24.)
(Text of Section after amendment by P.A. 103-594)
Sec. 4. License requirement; application; notice;
Department of Children and Family Services.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in
Sections 2.05 through 2.19 (other than a day care center or day
care home) and in Section 2.22 of this Act. Any relative, as
defined in Section 2.17 of this Act, who receives a child or
children for placement by the Department on a full-time basis
may apply for a license to operate a foster family home as
defined in Section 2.17 of this Act.

HB2415 - 8 - LRB104 03375 AAS 13397 b
(a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this
Act. "Providing adoption services", as used in this Act,
includes facilitating or engaging in adoption services.
(b) Application for a license to operate a child care
facility (other than a day care center, day care home, or group
day care home) must be made to the Department in the manner and
on forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; the name and address of at least one relative
who can attest to the applicant's capability to care for the
child or children; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
(b-5) Prior to submitting an application for a foster
family home license, a quality of care concerns applicant as

HB2415 - 9 - LRB104 03375 AAS 13397 b
defined in Section 2.22a of this Act must submit a preliminary
application to the Department in the manner and on forms
prescribed by it. The Department shall explain to the quality
of care concerns applicant the grounds for requiring a
preliminary application. The preliminary application shall
include a list of (i) all children placed in the home by the
Department who were removed by the Department for reasons
other than returning to a parent and the circumstances under
which they were removed and (ii) all children placed by the
Department who were subsequently adopted by or placed in the
private guardianship of the quality of care concerns applicant
who are currently under 18 and who no longer reside in the home
and the reasons why they no longer reside in the home. The
preliminary application shall also include, if the quality of
care concerns applicant chooses to submit, (1) a response to
the quality of care concerns, including any reason the
concerns are invalid, have been addressed or ameliorated, or
no longer apply and (2) affirmative documentation
demonstrating that the quality of care concerns applicant's
home does not pose a risk to children and that the family will
be able to meet the physical and emotional needs of children.
The Department shall verify the information in the preliminary
application and review (i) information regarding any prior
licensing complaints, (ii) information regarding any prior
child abuse or neglect investigations, (iii) information
regarding any involuntary foster home holds placed on the home

HB2415 - 10 - LRB104 03375 AAS 13397 b
by the Department, and (iv) information regarding all child
exit interviews, as provided in Section 5.26 of the Children
and Family Services Act, regarding the home. Foster home
applicants with quality of care concerns are presumed
unsuitable for future licensure.
Notwithstanding the provisions of this subsection (b-5),
the Department may make an exception and issue a foster family
license to a quality of care concerns applicant if the
Department is satisfied that the foster family home does not
pose a risk to children and that the foster family will be able
to meet the physical and emotional needs of children. In
making this determination, the Department must obtain and
carefully review all relevant documents and shall obtain
consultation from its Clinical Division as appropriate and as
prescribed by Department rule and procedure. The Department
has the authority to deny a preliminary application based on
the record of quality of care concerns of the foster family
home. In the alternative, the Department may (i) approve the
preliminary application, (ii) approve the preliminary
application subject to obtaining additional information or
assessments, or (iii) approve the preliminary application for
purposes of placing a particular child or children only in the
foster family home. If the Department approves a preliminary
application, the foster family shall submit an application for
licensure as described in subsection (b) of this Section. The
Department shall notify the quality of care concerns applicant

HB2415 - 11 - LRB104 03375 AAS 13397 b
of its decision and the basis for its decision in writing.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility or (ii) the type of children
served. The Department shall notify the public of the change
in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(c-5) When a child care institution, maternity center, or
a group home licensed by the Department undergoes a change in
(i) the age of children served or (ii) the area within the
facility used by children, the Department shall post
information regarding proposed changes on its website as
required by rule.
(d) If, upon examination of the facility and investigation
of persons responsible for care of children and, in the case of
a foster home, taking into account information obtained for
purposes of evaluating a preliminary application, if
applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for
the type of facility for which application is made, it shall
issue a license in proper form, designating on that license
the type of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(e) The Department shall not issue or renew the license of

HB2415 - 12 - LRB104 03375 AAS 13397 b
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986 (or any
successor provision of federal tax law). The Department shall
grant a grace period of 24 months from August 15, 2005 (the
effective date of Public Act 94-586) this amendatory Act of
the 94th General Assembly for existing child welfare agencies
providing adoption services to obtain 501(c)(3) status. The
Department shall permit an existing child welfare agency that
converts from its current structure in order to be recognized
as a 501(c)(3) organization as required by this Section to
either retain its current license or transfer its current
license to a newly formed entity, if the creation of a new
entity is required in order to comply with this Section,
provided that the child welfare agency demonstrates that it
continues to meet all other licensing requirements and that
the principal officers and directors and programs of the
converted child welfare agency or newly organized child
welfare agency are substantially the same as the original. The
Department shall have the sole discretion to grant a one-year
one year extension to any agency unable to obtain 501(c)(3)

HB2415 - 13 - LRB104 03375 AAS 13397 b
status within the timeframe specified in this subsection (e),
provided that such agency has filed an application for
501(c)(3) status with the Internal Revenue Service within the
2-year timeframe specified in this subsection (e).
(f) The Department shall adopt rules to implement the
changes to this Section made by Public Act 103-770 this
amendatory Act of the 103rd General Assembly no later than
January 1, 2025.
(g) After submitting an application for a foster family
home license, an applicant who currently holds a valid foster
family home license or its equivalent from another state
without any pending violations or investigations shall be
granted a temporary foster family home license in this State
during the pendency of the Illinois application for a foster
family home license. The temporary foster family home license
shall not have an effect on the permanent license being
granted or denied.
(Source: P.A. 102-763, eff. 1-1-23; 103-594, eff. 7-1-26;
103-770, eff. 1-1-25; revised 11-26-24.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other

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